







 
   
     
       
         Synēgoros thalassios, A vievv of the admiral jurisdiction wherein the most material points concerning that jurisdiction are fairly and submissively discussed : as also divers of the laws, customes, rights, and priviledges of the high admiralty of England by ancient records, and other arguments of law asserted : whereunto is added by way of appendix an extract of the ancient laws of Oleron / by John Godolphin ...
         Godolphin, John, 1617-1678.
      
       
         
           1661
        
      
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         13133432
         ocm 13133432
         97872
         
           
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             Synēgoros thalassios, A vievv of the admiral jurisdiction wherein the most material points concerning that jurisdiction are fairly and submissively discussed : as also divers of the laws, customes, rights, and priviledges of the high admiralty of England by ancient records, and other arguments of law asserted : whereunto is added by way of appendix an extract of the ancient laws of Oleron / by John Godolphin ...
             Godolphin, John, 1617-1678.
          
           [53], 207, [16] p.
           
             Printed by W. Godbid for Edmund Paxton ... and John Sherley ...,
             London :
             1661.
          
           
             Title transliterated from Greek.
             "An extract by way of appendix of the ancient laws of Oleron" has special t.p.
             Reproduction of original in British Library.
             "A series or catalogue ... of such as have been dignified with the office of Lord High Admiral in this kingdome, since King John's time to the reign of King Charles the First of blessed memory": p. 197-207.
             Marginal notes.
             Includes index.
          
        
      
    
     
       
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         eng
      
       
         
           Admiralty -- England.
           Maritime law -- England -- Early works to 1800.
           Maritime law -- France -- Early works to 1800.
           Admirals -- England -- Directories.
           Oléron, Ile d' (France)
        
      
    
     
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           ΣΥΝΗΓΟΡΟΣ
           ΘΑΛΑΣΣΙΟΣ
           .
           A
           VIEVV
           OF
           THE
           ADMIRAL
           JURISDICTION
           .
           WHEREIN
           The
           most
           material
           Points
           concerning
           that
           JURISDICTION
           are
           fairly
           and
           submissively
           Discussed
           .
           
             AS
             ALSO
          
           Divers
           of
           the
           Laws
           ,
           Customes
           ,
           Rights
           ,
           and
           Priviledges
           of
           the
           HIGH
           ADMIRALTY
           of
           England
           by
           Ancient
           Records
           ,
           and
           other
           Arguments
           of
           Law
           Asserted
           .
           WHEREUNTO
           Is
           added
           by
           way
           of
           Appendix
           an
           Extract
           of
           the
           Ancient
           Laws
           of
           OLERON
           .
           By
           JOHN
           GODOLPHIN
           ,
           LL.
           D.
           
        
         
           
             —
             Littusque
             rogamus
          
           
             Innocuum
             .
             —
          
        
         
           Virg.
           Aen.
           7.
           
        
         
           LONDON
           ,
           Printed
           by
           
             W.
             Godbid
          
           for
           
             Edmund
             Paxton
          
           over
           against
           the
           Castle
           Tavern
           neer
           
             Doctors
             Commons
          
           ,
           and
           
             John
             Sherley
          
           at
           the
           Pellican
           in
           
             Little
             Brittain
          
           .
           1661.
           
        
      
       
         
         
         
           TO
           THE
           Reader
           .
        
         
           HE
           that
           negotiates
           about
           Maritime
           Affairs
           ,
           is
           under
           Protection
           without
           
             Letters
             of
             safe
             Conduct
          
           ,
           as
           being
           within
           the
           Sanctuary
           of
           
             Jus
             Gentium
          
           ;
           and
           the
           right
           Timing
           of
           a
           Modest
           Address
           oft
           times
           proves
           more
           successful
           then
           a
           Confident
           Argument
           out
           of
           season
           ;
           There
           seems
           some
           probability
           ,
           as
           if
           this
           Treatise
           obtrudes
           not
           upon
           the
           world
           ,
           or
           thy
           patience
           ,
           like
           a
           Tract
           borne
           out
           of
           due
           time
           ;
           nor
           as
           if
           it
           came
           like
           a
           Physitian
           to
           his
           Patients
           Funeral
           ;
           or
           as
           Suetonius
           relates
           touching
           the
           Deputies
           of
           Troy
           ,
           sent
           to
           condole
           with
           Tiberius
           seven
           or
           eight
           moneths
           after
           the
           death
           of
           his
           sons
           ;
           If
           this
           Treatise
           be
           out
           of
           season
           ,
           
           others
           as
           well
           as
           my self
           are
           happily
           deceived
           ;
           in
           which
           case
           it
           will
           suffice
           to
           say
           with
           
             Philip
             de
             Comines
          
           ,
           That
           
             It
             is
             very
             hard
             for
             a
             man
             to
             be
             wise
             ,
             that
             hath
             not
             been
             deceived
             .
          
        
         
           For
           the
           Method
           ,
           it
           is
           as
           Regular
           as
           the
           Arguments
           would
           afford
           ;
           though
           not
           so
           exact
           as
           might
           have
           been
           ,
           if
           the
           same
           Metal
           had
           been
           cast
           into
           another
           Mould
           ;
           yet
           not
           so
           rude
           and
           out
           of
           shape
           ,
           as
           to
           suspect
           from
           the
           disproportion
           of
           the
           Body
           that
           the
           Soul
           is
           ill
           lodged
           ,
           or
           like
           some
           long-breath'd
           confused
           Discourses
           ,
           of
           late
           much
           in
           fashion
           ,
           whereof
           it
           may
           be
           truly
           said
           as
           was
           once
           of
           the
           Romans
           two
           Ambassadours
           sent
           to
           one
           of
           their
           Provinces
           ,
           whereof
           one
           wounded
           in
           the
           Head
           ,
           the
           other
           lame
           in
           his
           feet
           ,
           
             Mittit
             Populus
             Romanus
             Legationem
             ,
             quae
             nec
             Caput
             nec
             Pedes
             habet
          
           ;
           and
           which
           for
           their
           prolixity
           and
           immethodicality
           may
           justly
           expect
           the
           same
           answer
           that
           those
           of
           Lacedemon
           gave
           the
           
             Samnites
             ,
             That
             they
             had
             forgotten
             the
             Beginning
             ,
             understood
             not
             the
             Middle
             ,
             and
             disliked
             the
             Conclusion
             .
          
        
         
           The
           Subject-matter
           of
           this
           Treatise
           is
           not
           so
           much
           
             de
             jure
          
           as
           
             de
             jurisdictione
          
           
           
             Admiralitatis
             Angliae
          
           ,
           not
           so
           much
           touching
           the
           Law
           of
           the
           Admiralty
           or
           Sea-Laws
           ,
           as
           now
           received
           and
           practised
           in
           the
           Navigable
           parts
           of
           the
           world
           ,
           as
           in
           reference
           to
           the
           Jurisdiction
           of
           that
           Law
           within
           this
           Kingdome
           of
           
             Great
             Brittain
          
           ;
           So
           that
           it
           will
           on
           all
           hands
           be
           eafily
           agreed
           ,
           that
           the
           argument
           of
           Jurisdictions
           is
           
             Quaestio
             admodum
             Subtilis
          
           ;
           and
           no
           wonder
           ,
           if
           you
           consider
           ,
           That
           that
           which
           is
           
             de
             competentia
             Judicis
             &
             Jurisdictionis
          
           ,
           is
           
             totius
             juris
             velut
             Obex
             &
             repagulum
          
           ;
           But
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           and
           zeal
           for
           the
           Publick
           facilitates
           the
           highest
           difficulties
           .
           To
           leave
           the
           Laws
           
             sub
             incognito
          
           ,
           or
           Jurisdictions
           
             sub
             incerto
          
           ,
           are
           both
           of
           National
           ill
           consequence
           ,
           subjecting
           the
           people
           either
           to
           Transgression
           through
           Ignorance
           ,
           or
           to
           unnecessary
           expences
           by
           multiplicity
           of
           Law-Suits
           .
           
             Lux
             ,
             Lex
             ,
             &
             Veritas
             ,
          
           are
           almost
           Synonimous
           ;
           if
           either
           of
           these
           suffer
           ,
           though
           but
           a
           partial
           Eclipse
           ,
           how
           great
           is
           the
           darkness
           thereof
           ;
           If
           a
           Jurisdiction
           ,
           without
           which
           the
           Law
           is
           but
           as
           a
           dead
           Letter
           ,
           be
           uncertain
           ,
           how
           great
           is
           that
           uncertainty
           ?
           but
           the
           liquid
           and
           
           clear
           stating
           and
           ascertaining
           of
           Jurisdictions
           to
           their
           proper
           and
           respective
           Boundaries
           ,
           beyond
           which
           one
           may
           not
           pass
           to
           the
           invading
           of
           another
           ,
           is
           one
           of
           the
           primary
           Constitutions
           of
           
             Jus
             Gentium
          
           .
        
         
           This
           short
           View
           of
           the
           
             Admiral
             Jurisdiction
          
           was
           in
           its
           Origination
           designed
           only
           to
           prevent
           a
           
             Vacuum
             inter
             alia
             negotia
          
           ,
           and
           not
           to
           hazard
           the
           Censure
           of
           a
           
             Superfluum
             inter
             aliorum
             otia
          
           .
           And
           although
           a
           great
           part
           of
           this
           Fabrick
           ,
           be
           laid
           on
           a
           Foundation
           of
           
             Civil
             Law
          
           ,
           yet
           in
           regard
           it
           is
           an
           indispensable
           duty
           which
           every
           man
           owes
           his
           Native
           Countrey
           ,
           to
           keep
           ,
           as
           much
           as
           may
           be
           ,
           
             sub
             incognito
          
           ,
           from
           Strangers
           and
           Forraigners
           abroad
           ,
           what
           possibly
           may
           not
           be
           absolutely
           perfect
           (
           for
           there
           is
           no
           perfection
           under
           the
           Sun
           )
           
             quoad
             modum
             procedendi
          
           at
           home
           ,
           
             Sumus
             enim
             Surdi
             omnes
             in
             Linguis
             quas
             non
             intelligimus
          
           ;
           And
           in
           regard
           this
           Treatise
           must
           recite
           the
           very
           Letter
           of
           certain
           Clauses
           of
           several
           Acts
           of
           Parliament
           ,
           Transactions
           of
           State
           ,
           and
           Book-Cases
           of
           Common
           Law
           ;
           And
           in
           regard
           the
           satisfaction
           of
           Merchants
           and
           Mariners
           
           was
           the
           main
           motive
           and
           design
           of
           emitting
           this
           to
           the
           Opinions
           of
           men
           ;
           For
           these
           reasons
           it
           could
           neither
           properly
           nor
           profitably
           speak
           the
           Ideum
           of
           that
           Law
           ,
           which
           is
           no
           less
           adequate
           to
           the
           Admiralty
           ,
           then
           currant
           over
           all
           the
           Christian
           world
           .
        
         
           The
           just
           Rights
           and
           Customes
           of
           the
           Jurisdiction
           of
           the
           Admiralty
           of
           England
           ,
           are
           here
           with
           submission
           asserted
           ,
           and
           consequently
           therein
           many
           of
           the
           Priviledges
           of
           Merchants
           and
           Mariners
           ;
           and
           not
           only
           of
           those
           who
           have
           a
           Birth-right
           to
           England's
           Laws
           of
           the
           Admiralty
           ,
           but
           also
           of
           all
           such
           ,
           who
           negotiating
           with
           us
           ,
           have
           a
           Right
           thereto
           by
           the
           
             Jus
             Gentium
          
           ,
           and
           National
           Treaties
           .
           The
           Merchant
           is
           
             Bonum
             Publicum
          
           ,
           and
           such
           is
           that
           Nations
           Interest
           whose
           Merchants
           do
           flourish
           ,
           that
           to
           gratifie
           them
           with
           all
           possible
           immunities
           and
           due
           encouragement
           is
           now
           become
           the
           common
           policy
           of
           all
           such
           Kingdomes
           and
           States
           ,
           as
           reap
           more
           treasure
           from
           their
           Ports
           then
           Pastures
           .
           It
           was
           most
           true
           what
           Seneca
           once
           said
           of
           them
           ,
           
             Mercator
             urbibus
             prodest
             ,
             Medicus
             aegrotis
          
           ;
           without
           whom
           a
           
           Communalty
           or
           Civil
           Society
           of
           men
           can
           scarce
           plentifully
           or
           honourably
           subsist
           .
           It
           was
           a
           saying
           with
           Baldus
           ,
           that
           famous
           Civilian
           ,
           
             That
             the
             world
             could
             not
             live
             without
             Merchants
             .
          
           Whence
           it
           may
           be
           rationally
           inferred
           ,
           That
           that
           Nation
           is
           nigh
           drowning
           ,
           whose
           Merchants
           are
           under
           water
           ;
           their
           Function
           being
           to
           import
           Necessaries
           ,
           and
           to
           export
           Superfluities
           ;
           If
           therefore
           such
           Marine
           Controversies
           as
           arise
           between
           Merchant
           and
           Merchant
           ,
           or
           between
           Merchant
           and
           Mariner
           ,
           should
           be
           removed
           from
           the
           Cognizance
           of
           the
           Admiralty
           (
           whereof
           there
           is
           now
           no
           fear
           )
           
             ad
             aliud
             examen
          
           ,
           it
           might
           prove
           no
           fallible
           Index
           ,
           but
           that
           our
           Trade
           and
           Commerce
           in
           too
           sad
           a
           measure
           might
           also
           in
           some
           short
           time
           after
           be
           exported
           
             ad
             aliam
             Regionem
          
           .
           Here
           therefore
           is
           the
           Merchant
           and
           the
           Mariner
           insisting
           not
           for
           any
           thing
           more
           then
           what
           is
           according
           to
           the
           known
           Laws
           of
           the
           Land
           ,
           and
           the
           ancient
           established
           Sea-Laws
           of
           England
           ,
           with
           the
           Customes
           thereof
           ,
           so
           far
           as
           they
           contradict
           not
           the
           Laws
           and
           Statutes
           of
           this
           Realm
           ,
           It
           will
           not
           be
           denyed
           ,
           but
           That
           Jurisdictio
           
           
             originaliter
             radicata
             est
             in
             Principe
          
           ,
           
             &
             ab
             eo
             descendunt
             Iudices
             sicut
             Rivuli
             à
             Fonte
             suo
             .
          
           The
           decision
           of
           the
           Rights
           of
           Jurisdictions
           resides
           not
           in
           any
           persons
           of
           a
           private
           capacity
           ,
           but
           in
           that
           Power
           that
           creates
           and
           constitutes
           Jurisdictions
           ;
           that
           is
           ,
           the
           Prince
           or
           chief
           Magistrate
           ,
           as
           the
           Supream
           Source
           or
           Fountain
           of
           all
           Humane
           Laws
           and
           Judicatories
           .
        
         
           Reader
           ,
           it
           seems
           something
           difficult
           to
           determine
           whether
           the
           Sophistication
           of
           Truths
           ,
           or
           the
           Fucus
           of
           Errors
           hath
           of
           late
           years
           been
           the
           more
           Epidemical
           cheat
           in
           Print
           ,
           it
           being
           sufficiently
           notorious
           how
           that
           adulterous
           generation
           went
           a
           whoring
           after
           the
           Press
           ,
           and
           what
           a
           noisome
           spawn
           of
           illegitimate
           Brats
           were
           then
           generated
           of
           the
           froth
           of
           the
           brain
           ,
           not
           less
           numerous
           then
           spurious
           ,
           that
           neither
           their
           male-content
           Parents
           ,
           nor
           Religion
           ,
           Law
           ,
           Reason
           ,
           nor
           Charity
           are
           able
           to
           maintain
           .
           And
           although
           this
           Treatise
           be
           of
           a
           more
           generous
           extraction
           ,
           yet
           it
           is
           very
           far
           from
           complementing
           it self
           with
           the
           least
           vain
           hopes
           of
           exemption
           from
           those
           censures
           which
           are
           common
           to
           all
           
           men
           .
           It
           is
           worth
           an
           Asterisk
           to
           observe
           how
           infeazable
           it
           hath
           been
           in
           all
           ages
           for
           the
           most
           Innocent
           to
           escape
           this
           correction
           ;
           Aristotle
           that
           Prince
           of
           Peripateciks
           ,
           was
           accused
           of
           being
           too
           obstruce
           and
           obscure
           ,
           and
           in
           many
           things
           labours
           under
           Galen's
           reprehension
           ;
           the
           Dialogues
           of
           Divine
           Plato
           are
           taxed
           for
           being
           too
           confused
           and
           immethodical
           ;
           Virgil
           by
           some
           is
           counted
           but
           a
           shallow
           and
           weak
           witted
           Poet
           ,
           and
           by
           others
           charged
           as
           if
           he
           were
           wholly
           beholding
           to
           Homer
           for
           his
           works
           ;
           and
           Homer
           himself
           is
           derided
           by
           Horace
           ,
           as
           if
           he
           were
           too
           drowfie
           a
           poet
           ;
           Demosthenes
           could
           not
           please
           
             Marcus
             Tullius
          
           in
           all
           things
           ;
           
             Trogus
             Pompeius
          
           doth
           accuse
           
             Titus
             Livius
          
           his
           Orations
           of
           Fiction
           and
           Falsities
           ;
           Seneca
           was
           nick-named
           ,
           and
           called
           Lime
           without
           
             Sand
             ;
             Pliny
          
           is
           compared
           to
           a
           turbulent
           River
           that
           tastes
           of
           many
           things
           ,
           but
           digests
           few
           .
           But
           to
           come
           home
           to
           the
           Worthies
           of
           the
           Civilians
           Profession
           ;
           for
           even
           the
           most
           
             Orthodox
             Oracles
          
           of
           the
           
             Civil
             Law
          
           have
           not
           escaped
           such
           undue
           reprehensions
           ;
           As
           some
           have
           affirmed
           that
           Accursius
           had
           
           no
           depth
           of
           Judgement
           ;
           Others
           reprove
           Bartol
           for
           the
           length
           of
           his
           Distinctions
           ,
           as
           if
           somewhat
           too
           Monstrous
           by
           having
           too
           many
           Members
           ;
           On
           the
           other
           side
           Albericus
           is
           blamed
           for
           too
           much
           Brevity
           ;
           Baldus
           for
           inconstancy
           and
           instability
           of
           Judgement
           ;
           Alexander
           for
           the
           perplexity
           of
           his
           Method
           ;
           and
           both
           the
           Raphaels
           for
           their
           too
           much
           subtilty
           ,
           in
           some
           things
           for
           their
           neglect
           of
           and
           carelesness
           in
           the
           more
           polite
           Literature
           ,
           in
           other
           things
           for
           their
           non-citing
           and
           mis-alledging
           the
           Doctours
           ;
           And
           in
           a
           word
           ,
           those
           very
           ancient
           and
           most
           famous
           Lawyers
           ,
           that
           by
           the
           profoundness
           of
           their
           Judgement
           and
           splendour
           of
           their
           Eloquence
           have
           so
           illustrated
           the
           dark
           and
           obscure
           places
           of
           the
           Civil
           Law
           ,
           as
           that
           they
           nave
           left
           the
           world
           just
           cause
           of
           Admiration
           ,
           no
           hopes
           of
           Imitation
           ,
           even
           these
           have
           not
           escaped
           the
           like
           mis-reprehensions
           ;
           For
           in
           the
           Life
           of
           
             Iustinian
             ,
             Perinus
          
           (
           out
           of
           Suidas
           )
           hath
           a
           large
           Invective
           against
           Tribonian
           ,
           that
           Architect
           of
           the
           Pandects
           ;
           Besides
           ,
           who
           more
           Eloquent
           then
           Ulpian
           ?
           who
           more
           Pithy
           then
           Paulus
           ?
           
           who
           more
           Learned
           then
           Callistratus
           ?
           who
           more
           Acute
           then
           Papinianus
           ?
           who
           more
           Distinct
           ,
           and
           withal
           Succinct
           then
           Scaevola
           ?
           who
           more
           Free
           and
           Fluid
           then
           Caius
           ?
           who
           more
           Profound
           then
           Africanus
           ?
           who
           more
           Delightful
           and
           Satisfactory
           then
           Pomponius
           ?
           who
           more
           Clear
           and
           Transparent
           then
           Celsus
           ?
           who
           more
           Candid
           and
           Ingenious
           then
           Triphonius
           ?
           Yet
           all
           these
           in
           their
           Respective
           and
           Incomparable
           Works
           have
           met
           with
           the
           said
           undue
           Reprehensions
           .
           If
           this
           therefore
           shall
           chance
           to
           meet
           with
           some
           waspish
           humours
           ,
           we
           must
           consider
           the
           Climate
           ;
           Nor
           is
           it
           more
           then
           wants
           a
           President
           ,
           or
           less
           then
           needs
           a
           charitable
           Construction
           ;
           which
           is
           the
           worst
           Revenge
           can
           possibly
           be
           executed
           by
           such
           as
           chuse
           rather
           to
           suffer
           then
           offend
           .
        
         
           
             J.
             C.
             
          
        
      
    
     
       
         
           
             
             
               THE
               INTRODUCTION
               ,
               OR
               ,
               Preface
               TO
               THE
               Ensuing
               TREATISE
               .
            
             
               THE
               Systeme
               of
               Jurisdictions
               is
               ,
               as
               the
               Law
               it self
               ,
               above
               the
               Notions
               of
               any
               Private
               Conception
               ;
               he
               is
               something
               more
               then
               of
               a
               singular
               Invention
               ,
               that
               thinks
               he
               can
               arraign
               the
               Verdict
               of
               all
               Ages
               ,
               
                 Nihil
                 dici
                 queat
                 quod
                 non
                 priue
                 dictum
                 fuit
              
               ;
               And
               he
               is
               more
               then
               of
               
               an
               audacious
               spirit
               ,
               that
               dares
               invade
               the
               Laws
               Prerogative
               ,
               
                 Nihil
                 proferri
                 debet
                 ,
                 quod
                 non
                 prius
                 Constitutum
                 fuit
                 .
              
               Hence
               it
               is
               ,
               that
               he
               that
               writes
               of
               that
               Subject
               
                 without
                 Book
              
               ,
               that
               is
               ,
               that
               vents
               his
               own
               Notions
               ,
               or
               sails
               by
               the
               weather-cock
               of
               his
               own
               Brain
               ,
               not
               only
               consiscates
               the
               ill-stowed
               Cargo
               of
               his
               Intellect
               ,
               but
               also
               renders
               himself
               no
               
               less
               arrogant
               and
               presumptuous
               in
               the
               tacite
               apprehensions
               of
               the
               Prudent
               ,
               then
               shallow
               and
               ridiculous
               to
               the
               most
               rural
               Capacities
               .
               It
               is
               therefore
               nothing
               dishonourable
               for
               Treatises
               of
               this
               Nature
               to
               merit
               the
               Application
               of
               that
               Liberty
               which
               Chrysippus
               took
               ,
               of
               whom
               it
               is
               said
               ,
               That
               he
               borrowed
               so
               freely
               from
               Authours
               ,
               that
               if
               his
               name
               were
               but
               expunged
               or
               obliterated
               out
               of
               the
               Title
               Page
               ,
               there
               would
               nothing
               remain
               that
               could
               properly
               be
               called
               his
               own
               ;
               It
               is
               neither
               heretical
               nor
               disingenious
               to
               accommodate
               old
               Truths
               to
               new
               Designs
               ,
               so
               it
               be
               done
               aptly
               and
               honestly
               
                 &
                 sine
                 animo
                 furandi
              
               :
               for
               there
               is
               that
               Credit
               by
               way
               of
               debt
               due
               to
               the
               Authours
               ,
               that
               it
               is
               no
               less
               then
               Theft
               to
               conceal
               them
               ,
               whereas
               one
               half
               of
               the
               debt
               is
               paid
               ,
               if
               you
               duly
               quote
               them
               ;
               yea
               ,
               they
               become
               your
               Debtours
               ,
               if
               by
               the
               ingenuity
               of
               your
               Husbandry
               you
               raise
               their
               Credit
               according
               to
               the
               improved
               value
               ;
               But
               he
               that
               conceals
               the
               Patrons
               of
               his
               Assertions
               ,
               is
               ashamed
               of
               his
               own
               Craft
               ,
               robs
               the
               Dead
               ,
               and
               ch●ats
               the
               Living
               .
               He
               that
               writes
               Politicks
               without
               prefixing
               his
               Principles
               ,
               comes
               short
               of
               his
               Duty
               ;
               But
               he
               that
               writes
               Law
               without
               quoting
               his
               Authority
               ,
               presumes
               beyond
               his
               Line
               ;
               he
               that
               blushes
               to
               be
               ingenious
               ,
               is
               ashamed
               of
               his
               own
               modesty
               ;
               Plato
               borrowed
               many
               things
               from
               
                 Pythagoras
                 ;
                 Aristotle
              
               from
               Plato
               ,
               and
               Theophrastus
               from
               Aristotle
               ;
               This
               Treatise
               hath
               borrowed
               nothing
               but
               what
               it
               intends
               to
               pay
               ,
               here
               's
               the
               acknowledgement
               of
               the
               
               debt
               ,
               full
               satisfaction
               with
               interest
               may
               be
               expected
               elsewhere
               ,
               sufficient
               Caution
               being
               given
               in
               the
               subsequent
               Elenchus
               of
               the
               Creditours
               .
            
             
               As
               Reason
               is
               the
               soul
               of
               the
               Law
               ,
               so
               Jurisdictions
               may
               be
               styled
               the
               faculties
               of
               that
               soul
               ,
               being
               reduced
               to
               act
               or
               exercise
               as
               they
               are
               accommodated
               to
               this
               or
               that
               object
               ;
               Consequently
               therefore
               to
               confound
               Jurisdictions
               ,
               is
               to
               obliquitate
               the
               Rule
               of
               all
               Humane
               actions
               ,
               specially
               if
               any
               thing
               less
               then
               
                 Bonum
                 Publ●cum
              
               ,
               under
               a
               vizor
               be
               the
               Authour
               of
               that
               confusion
               .
               Mine
               and
               Thine
               divide
               the
               world
               betwixt
               them
               ;
               in
               Private
               transactions
               they
               are
               unhappy
               Monosyllables
               ,
               but
               in
               Publick
               affairs
               they
               may
               be
               of
               most
               dangerous
               Consequence
               ;
               Insomuch
               that
               Seneca
               said
               ,
               The
               world
               would
               be
               quiet
               were
               it
               not
               for
               those
               two
               ambitious
               Pronouns
               .
               a
               This
               
                 Meum
                 &
                 Tuum
              
               is
               here
               understood
               Collective
               ,
               for
               Jurisdictio
               being
               of
               Publick
               right
               is
               not
               competible
               with
               any
               Private
               interest
               exclusive
               to
               common
               good
               ,
               b
               that
               being
               beside
               the
               design
               of
               
                 Jus
                 Gentium
              
               ,
               whereby
               Jurisdictions
               were
               Originally
               constituted
               .
               c
               The
               flux
               and
               reflux
               of
               Jurisdictions
               are
               from
               and
               to
               the
               Prince
               as
               Rivers
               from
               and
               to
               the
               Ocean
               ,
               wherein
               Transactions
               of
               the
               greatest
               weight
               and
               burden
               are
               Navigable
               ;
               And
               therefore
               to
               obstruct
               the
               Current
               of
               Justice
               in
               this
               or
               that
               Channel
               ,
               may
               force
               open
               the
               Sluces
               of
               the
               Law
               to
               a
               Cataclysme
               of
               Injustice
               ,
               and
               dissolve
               the
               Ligaments
               of
               the
               best
               jointed
               Body
               Politick
               
               in
               the
               whole
               world
               ;
               And
               yet
               if
               the
               streams
               of
               one
               Jurisdiction
               ,
               running
               too
               rapid
               ,
               over-flow
               its
               banks
               to
               the
               inundation
               of
               another
               ,
               it
               's
               most
               just
               and
               safe
               ,
               seasonably
               to
               reduce
               them
               to
               their
               proper
               Channels
               .
               Were
               it
               true
               what
               Bald.
               says
               ,
               d
               
                 Jurisdictiones
                 penes
                 Principes
                 residere
                 quasi
                 Scabellum
                 ,
              
               the
               Clashing
               of
               Jurisdictions
               might
               be
               an
               offence
               only
               to
               the
               Footstool
               of
               Majesty
               ;
               but
               if
               
                 Jurisdictio
                 ejus
                 ossibus
                 inhaeret
              
               ,
               as
               Tapia
               and
               others
               assert
               ,
               e
               then
               it
               may
               be
               of
               an
               higher
               nature
               .
            
             
               Where
               divers
               persons
               are
               concredited
               with
               Juridical
               Trust
               or
               Authority
               ,
               there
               the
               Jurisdiction
               is
               either
               Separate
               ,
               or
               Concurrent
               ,
               or
               in
               Common
               .
               A
               Separate
               Jurisdiction
               may
               appertain
               to
               a
               certain
               number
               of
               persons
               privative
               or
               exclusive
               to
               all
               others
               ,
               whereby
               they
               are
               externally
               qualified
               to
               take
               Cognizance
               either
               of
               other
               Persons
               ,
               f
               or
               of
               other
               Causes
               ,
               g
               or
               of
               other
               Quantities
               ,
               h
               or
               of
               other
               Places
               ,
               i
               then
               what
               other
               Judges
               are
               Juridically
               qualified
               for
               .
               A
               Concurrent
               Jurisdiction
               is
               that
               which
               appertaineth
               to
               many
               Cumulative
               ,
               as
               when
               the
               same
               Cases
               are
               equally
               subjected
               to
               the
               Cognizance
               of
               many
               Judges
               :
               yet
               so
               that
               each
               of
               them
               ,
               whether
               one
               or
               more
               ,
               by
               himself
               or
               themselves
               ,
               may
               
                 in
                 solidum
              
               hear
               and
               determine
               the
               Case
               ,
               and
               he
               or
               they
               only
               may
               take
               Cognizance
               thereof
               to
               whom
               address
               
               by
               the
               Complainant
               is
               first
               made
               ,
               and
               before
               whom
               the
               Suit
               is
               first
               Commenced
               ,
               for
               in
               such
               Cases
               prevention
               takes
               
               place
               ;
               and
               in
               all
               Competent
               Jurisdictions
               wherever
               the
               Action
               is
               first
               Commenced
               ,
               there
               Judgement
               ought
               to
               be
               given
               in
               the
               Case
               .
               l
               Thus
               the
               
                 Emperial
                 Chamber
              
               by
               an
               Ordinance
               there
               made
               hath
               Concurrent
               Jurisdiction
               with
               the
               Emperour
               himself
               ,
               m
               save
               in
               matters
               relating
               to
               the
               Fee
               or
               Inheritance
               of
               the
               Emperial
               Crown
               .
               A
               Jurisdiction
               
                 in
                 common
              
               appertaineth
               to
               many
               ,
               and
               that
               cumulative
               ,
               as
               to
               all
               of
               them
               ,
               so
               to
               all
               of
               them
               together
               ,
               and
               complexive
               ;
               insomuch
               that
               one
               of
               them
               may
               not
               proceed
               without
               the
               other
               ,
               the
               Law
               obliging
               all
               of
               them
               to
               be
               present
               together
               in
               Judgement
               .
               n
               But
               whatever
               Jurisdictions
               there
               are
               in
               a
               Nation
               ,
               of
               how
               many
               kinds
               ,
               degrees
               ,
               orders
               ,
               or
               subordinations
               soever
               ,
               This
               is
               a
               sure
               Rule
               and
               without
               Exception
               ,
               
                 Jurisdictiones
                 non
                 sunt
                 confundendae
              
               ;
               o
               The
               
                 Bonum
                 Publicum
              
               is
               more
               Rationally
               stated
               ,
               and
               more
               concerned
               in
               rhe
               equal
               administration
               of
               Justice
               ,
               then
               to
               admit
               the
               least
               Confusion
               in
               that
               which
               is
               the
               only
               Expedient
               to
               prevent
               Confusion
               ;
               for
               Justice
               (
               whose
               office
               it
               is
               not
               only
               to
               doe
               that
               which
               is
               equal
               ,
               but
               also
               to
               remove
               that
               which
               is
               unequal
               )
               is
               never
               illustrable
               through
               any
               Mediums
               that
               hath
               the
               least
               tincture
               of
               Injustice
               ;
               and
               although
               for
               its
               material
               Object
               ,
               it
               ever
               hath
               some
               one
               External
               action
               or
               other
               ,
               as
               suppose
               Equality
               between
               Payment
               and
               Debt
               ,
               yet
               for
               its
               Formal
               Object
               it
               ever
               hath
               Honesty
               and
               Conformity
               unto
               ,
               at
               least
               an
               adequate
               Consistency
               with
               Natural
               reason
               ,
               comprised
               in
               that
               external
               Act.
               
            
             
             
               Of
               all
               Jurisdictions
               ,
               That
               of
               the
               Admiralty
               or
               Sea-Affairs
               hath
               been
               the
               least
               beholding
               to
               the
               Auxiliaries
               of
               the
               Press
               in
               defence
               of
               its
               Ancient
               Rights
               and
               Priviledges
               against
               such
               as
               would
               without
               offence
               impair
               the
               same
               ;
               The
               Reason
               probably
               may
               be
               either
               from
               the
               paucity
               of
               such
               ,
               as
               are
               more
               specially
               therein
               concerned
               ,
               in
               respect
               of
               that
               numerous
               Host
               or
               Retinue
               ,
               that
               in
               fealty
               to
               the
               other
               Jurisdictions
               are
               most
               prompt
               Notaries
               on
               all
               occasions
               ;
               o●
               rather
               in
               that
               it
               is
               of
               that
               excellent
               use
               in
               all
               Maritime
               Dominions
               ,
               that
               the
               Friends
               thereof
               are
               well
               assured
               ,
               its
               worth
               would
               be
               better
               valued
               ,
               if
               the
               want
               thereof
               were
               more
               smartly
               felt
               .
               The
               Ensuing
               Treatise
               is
               to
               assert
               the
               Rights
               thereof
               in
               part
               ,
               the
               design
               of
               whose
               highest
               Ambition
               being
               only
               rather
               to
               excite
               others
               by
               this
               hint
               to
               supply
               the
               defects
               hereof
               by
               a
               more
               full
               and
               clear
               illustration
               of
               the
               Rights
               and
               Priviledges
               of
               so
               Ancient
               and
               Necessary
               a
               Jurisdiction
               ,
               then
               to
               convince
               any
               by
               Arguments
               less
               perswasive
               then
               that
               Interest
               whereon
               some
               me●s
               Prejudice
               may
               be
               founded
               .
               Though
               Merchants
               and
               Mariners
               
                 qua
                 tales
              
               be
               not
               such
               able
               Lawyers
               as
               to
               know
               how
               their
               Maritime
               Cases
               should
               be
               determined
               according
               to
               the
               exact
               Rule
               of
               Law
               ,
               yet
               they
               are
               such
               able
               Supports
               to
               any
               Nation
               or
               Kingdome
               ,
               that
               they
               are
               not
               to
               be
               left
               
                 sub
                 incerto
                 ,
                 where
              
               or
               in
               what
               Tribunal
               to
               find
               that
               Rule
               under
               such
               a
               quality
               of
               Juridical
               Competency
               ,
               as
               not
               to
               run
               hazards
               by
               Land
               as
               well
               as
               by
               Sea
               ;
               
               yet
               this
               under
               the
               Notion
               of
               a
               Maritime
               Cause
               ,
               when
               possibly
               it
               is
               of
               another
               Element
               ,
               may
               not
               be
               strain'd
               in
               favour
               of
               one
               Jurisdiction
               in
               derogation
               of
               another
               ;
               nor
               under
               the
               notion
               of
               Merchants
               ,
               when
               posibly
               they
               are
               at
               best
               but
               
                 quasi
                 Mercatores
              
               ;
               For
               not
               every
               one
               that
               buyes
               and
               sells
               ,
               is
               thence
               presently
               to
               be
               denominated
               a
               Merchant
               ,
               but
               he
               only
               who
               in
               the
               way
               of
               Trade
               and
               Negotiation
               deals
               in
               Moveables
               for
               gain
               or
               profit
               ,
               upon
               design
               of
               disposing
               thereof
               in
               the
               way
               of
               Commerce
               either
               by
               Importation
               ,
               Exportation
               ,
               or
               otherwise
               ,
               in
               the
               way
               of
               Emption
               ,
               Vendition
               ,
               Barter
               ,
               Permutation
               or
               Exchange
               .
               p
               So
               that
               he
               is
               not
               properly
               said
               to
               be
               a
               Merchant
               ,
               who
               once
               and
               no
               more
               doth
               buy
               Commodities
               that
               he
               may
               sell
               the
               same
               ,
               for
               it
               is
               not
               one
               Act
               that
               doth
               denominate
               a
               Merchant
               ,
               q
               but
               a
               certain
               Assidutiy
               or
               frequent
               Negotiation
               in
               the
               Mystery
               of
               Merchandizing
               ,
               unless
               he
               be
               matriculated
               or
               entred
               as
               such
               in
               the
               Society
               or
               Corporation
               of
               Merchants
               .
               He
               also
               may
               be
               said
               to
               be
               a
               Merchant
               ,
               who
               by
               common
               fame
               and
               in
               the
               opinion
               of
               men
               is
               commonly
               reputed
               a
               Merchant
               .
               r
               They
               that
               buy
               Wares
               or
               Merchandizes
               to
               reduce
               them
               by
               their
               own
               Art
               or
               Industry
               into
               other
               forms
               then
               formerly
               they
               were
               of
               ,
               are
               reputed
               rather
               Artificers
               then
               Merchants
               ;
               s
               unless
               by
               their
               order
               they
               are
               so
               transformed
               by
               the
               art
               and
               industry
               of
               others
               upon
               design
               of
               selling
               the
               same
               to
               gain
               thereby
               ,
               in
               which
               case
               they
               may
               be
               said
               to
               be
               rather
               
               Merchants
               then
               Craftsmen
               or
               Artificers
               .
               And
               such
               as
               buy
               wares
               for
               present
               money
               ,
               that
               without
               altering
               the
               form
               thereof
               they
               may
               sell
               the
               same
               at
               a
               future
               day
               of
               payment
               at
               a
               far
               dearer
               price
               then
               they
               were
               bought
               ,
               are
               reputed
               rather
               Usurers
               then
               Merchants
               .
               t
               But
               Bankers
               ,
               Money-changers
               ,
               and
               such
               as
               deal
               by
               way
               of
               Exchange
               are
               reputed
               under
               the
               notion
               of
               Merchants
               .
               u
               For
               whereas
               it
               is
               formerly
               said
               that
               a
               Merchant
               deals
               only
               in
               Moveables
               ,
               understand
               that
               Money
               is
               comprised
               under
               that
               notion
               .
               w
               So
               also
               are
               Ships
               .
            
             
               The
               Isle
               of
               Rhodes
               anciently
               was
               the
               only
               Mart
               of
               Trade
               and
               Commerce
               in
               the
               whole
               world
               ;
               Antiquity
               describes
               that
               Isle
               and
               the
               City
               thereof
               as
               the
               only
               Metropolis
               of
               Merchants
               ;
               who
               ,
               though
               they
               have
               a
               Latitude
               as
               wide
               as
               the
               Ocean
               in
               point
               of
               Trade
               and
               Negotiation
               ,
               yet
               they
               may
               not
               in
               time
               of
               war
               transport
               Prohibited
               Goods
               or
               Commodities
               to
               an
               Enemy
               ,
               though
               designed
               for
               the
               Redemption
               of
               Captives
               .
               x
               Yet
               such
               is
               the
               Reputation
               of
               Merchants
               ,
               that
               Credit
               is
               generally
               given
               ,
               without
               the
               least
               distrust
               ,
               unto
               their
               Count-Books
               ,
               unless
               some
               Legal
               Exception
               may
               be
               raised
               against
               the
               same
               ,
               or
               other
               just
               cause
               of
               suspicion
               .
               y
               And
               whereas
               each
               Merchant
               hath
               his
               peculiar
               Mark
               wherewith
               his
               Goods
               are
               usually
               marked
               ,
               by
               way
               of
               discrimination
               from
               the
               
               goods
               of
               other
               men
               ,
               the
               Law
               in
               favour
               of
               so
               laudable
               a
               Custome
               doth
               presume
               the
               goods
               to
               be
               his
               ,
               whose
               mark
               is
               thereon
               affixed
               ;
               
               Not
               that
               such
               marks
               ,
               abstracted
               from
               other
               Concurrent
               Evidence
               ,
               do
               of
               themselves
               amount
               to
               a
               full
               proof
               ;
               only
               they
               induce
               such
               a
               Presumption
               ,
               as
               doth
               (
               without
               stronger
               evidence
               or
               presumption
               on
               the
               other
               side
               more
               energetical
               )
               carry
               the
               possession
               for
               him
               whose
               marks
               they
               are
               ;
               Nor
               is
               it
               therefore
               less
               hazardous
               then
               unlawful
               for
               one
               Merchant
               to
               make
               use
               of
               anothers
               mark
               ,
               save
               when
               in
               time
               of
               war
               they
               strain
               a
               point
               to
               drive
               a
               Colourable
               Trade
               ,
               which
               ,
               with
               other
               the
               like
               stratagems
               ,
               the
               Law
               will
               interpret
               no
               other
               then
               Solertia
               or
               
                 Dolus
                 bonus
              
               rather
               then
               Trade
               shall
               be
               totally
               obstructed
               ,
               or
               the
               Merchants
               quite
               discouraged
               ;
               and
               where
               the
               goods
               controverted
               happen
               to
               have
               the
               marks
               of
               both
               the
               parties
               litigant
               ,
               in
               that
               case
               his
               is
               the
               best
               Condition
               who
               hath
               the
               Possession
               ,
               till
               by
               the
               other
               party
               better
               Cards
               can
               be
               shewed
               for
               the
               Property
               ;
               a
               for
               a
               Presumption
               grounded
               only
               upon
               the
               marks
               must
               ever
               give
               place
               to
               a
               Proof
               of
               the
               Title
               or
               Property
               grounded
               upon
               an
               Emption
               ,
               Permutation
               ,
               or
               the
               like
               .
               b
               Nor
               may
               the
               Plaintiff
               
                 pendente
                 lite
              
               ,
               make
               use
               of
               that
               mark
               touching
               which
               the
               Dispute
               or
               Controversie
               is
               ,
               till
               there
               be
               a
               Decision
               in
               the
               Case
               .
               c
            
             
               The
               Interest
               of
               the
               Merchant
               mainly
               depending
               on
               the
               Mariners
               ,
               it
               concerns
               him
               to
               know
               wherein
               their
               Duty
               consists
               ;
               a
               right
               understanding
               whereof
               is
               not
               with
               more
               facility
               attainable
               then
               by
               a
               due
               perpension
               
               of
               those
               things
               which
               the
               Law
               it self
               ascribes
               as
               faults
               to
               Mariners
               ;
               such
               in
               part
               as
               these
               ;
               viz.
               The
               Mariner
               may
               not
               set
               sail
               
               when
               under
               an
               Embargo
               or
               other
               restraint
               of
               Princes
               ;
               nor
               in
               Tempestuous
               weather
               ;
               nor
               after
               the
               time
               limited
               by
               Contract
               ;
               he
               may
               not
               during
               his
               Voyage
               in
               reference
               to
               Ship
               or
               Lading
               ,
               doe
               ought
               mis-becoming
               an
               honest
               ,
               able
               ,
               skilful
               ,
               and
               prudent
               Mariner
               ;
               he
               may
               not
               stay
               in
               Port
               or
               Harbour
               without
               cause
               when
               a
               fair
               wind
               invites
               his
               departure
               ;
               he
               may
               not
               deviate
               in
               his
               Course
               without
               just
               cause
               ,
               or
               steer
               a
               dangerous
               or
               unusual
               way
               when
               he
               may
               have
               a
               more
               secure
               passage
               ,
               yet
               to
               avoid
               illegal
               Impositions
               ,
               he
               may
               somewhat
               change
               his
               Course
               and
               be
               excusable
               ;
               d
               he
               may
               not
               unlade
               his
               Merchants
               Goods
               into
               another
               Vessel
               worse
               then
               his
               own
               ;
               he
               may
               not
               lade
               any
               Goods
               into
               a
               leaky
               or
               insufficient
               Vessel
               ;
               he
               may
               not
               over-charge
               or
               over-lade
               his
               Ship
               ,
               nor
               stowe
               Goods
               above
               her
               birth-mark
               ;
               he
               may
               not
               sail
               without
               able
               and
               sufficient
               Mariners
               ,
               both
               for
               quality
               and
               number
               ;
               he
               may
               not
               voluntarily
               sail
               by
               places
               infested
               with
               Pirats
               ,
               Enemies
               ,
               or
               other
               places
               notoriously
               known
               to
               be
               unsafe
               :
               he
               may
               not
               transport
               persons
               of
               an
               obscure
               and
               unknown
               Condition
               ,
               without
               Letters
               of
               safe
               Conduct
               ,
               or
               other
               suspected
               persons
               ,
               to
               the
               rendring
               Ship
               or
               Lading
               liable
               or
               subject
               to
               a
               seizure
               or
               surreption
               ;
               he
               may
               not
               lade
               any
               Prohibited
               or
               unlawful
               goods
               ,
               whereby
               the
               whole
               Cargo
               may
               be
               in
               danger
               of
               Confiscation
               ;
               
               he
               may
               not
               use
               any
               unlawful
               Colours
               ,
               Ensigns
               ,
               or
               Flags
               ,
               whereby
               his
               Ship
               or
               Lading
               may
               incur
               a
               seizure
               ;
               *
               he
               may
               not
               ,
               being
               haled
               at
               Sea
               ,
               behave
               himself
               otherwise
               then
               becomes
               a
               Prudent
               Master
               ;
               he
               may
               not
               carry
               counterfeit
               Cocquets
               or
               other
               Fictitious
               and
               Colourable
               Ship-papers
               to
               involve
               the
               Goods
               of
               the
               Innocent
               with
               the
               Nocent
               ;
               he
               may
               not
               with
               his
               Vessel
               engage
               among
               the
               Rocks
               ,
               being
               thereto
               not
               necessitated
               by
               the
               violence
               of
               wind
               and
               weather
               ,
               nor
               by
               night
               deceived
               or
               deluded
               by
               false
               Lights
               ;
               he
               may
               not
               refuse
               payment
               of
               the
               just
               and
               ordinary
               Duties
               ,
               Port-charges
               ,
               Customes
               ,
               and
               Imposts
               ,
               to
               the
               hazarding
               of
               any
               part
               of
               his
               Lading
               ;
               he
               may
               not
               sail
               with
               insufficient
               Rigging
               ,
               or
               Tackle
               ,
               or
               with
               other
               or
               fewer
               Cables
               and
               Anchors
               then
               is
               requisite
               ,
               respect
               being
               had
               to
               the
               Burthen
               of
               the
               Vessel
               ;
               he
               may
               not
               sail
               with
               other
               Ship-provisions
               then
               what
               is
               good
               and
               wholesome
               ,
               and
               sufficient
               for
               the
               Voyage
               ;
               he
               may
               not
               neglect
               the
               well
               moaring
               of
               his
               Vessel
               in
               Port
               ;
               he
               may
               not
               sail
               without
               one
               Cat
               or
               more
               in
               his
               Vessel
               ;
               he
               may
               not
               suffer
               the
               Lading
               to
               take
               wet
               ,
               to
               be
               stoln
               or
               embeziled
               ;
               he
               may
               not
               permit
               Debates
               or
               Contests
               among
               his
               Mariners
               ,
               to
               the
               prejudice
               of
               the
               Merchants
               Goods
               ;
               he
               may
               not
               let
               open
               the
               hatches
               of
               the
               ship
               ,
               to
               endanger
               the
               Lading
               ;
               he
               may
               not
               prejudice
               any
               part
               of
               the
               Lading
               by
               any
               indiscreet
               or
               unskilful
               stowing
               of
               the
               Goods
               ,
               respect
               being
               had
               to
               quantity
               ,
               nature
               ,
               and
               quality
               thereof
               ;
               
               he
               may
               not
               take
               up
               more
               money
               upon
               Bomeree
               or
               the
               Gross
               Adventure
               then
               his
               Interest
               is
               in
               ship
               or
               Lading
               ;
               he
               may
               not
               contrary
               to
               Order
               touch
               at
               Ports
               ,
               not
               necessitated
               thereunto
               by
               contrary
               winds
               or
               otherwise
               .
               Many
               other
               are
               the
               faults
               and
               miscarriages
               incident
               to
               Mariners
               ;
               these
               only
               by
               way
               of
               hint
               to
               Merchants
               ,
               who
               are
               the
               greatest
               sufferers
               hereby
               ,
               having
               herein
               very
               seldome
               equivalent
               reparation
               ,
               the
               offendors
               for
               the
               most
               part
               not
               sufficiently
               solvant
               .
            
             
               But
               here
               note
               ,
               that
               he
               that
               will
               charge
               a
               Mariner
               with
               a
               fault
               in
               reference
               to
               his
               Duty
               ,
               must
               not
               think
               that
               a
               general
               Charge
               is
               sufficient
               in
               Law
               ,
               but
               he
               ought
               to
               assign
               and
               specifie
               the
               very
               fault
               wherewith
               he
               is
               so
               charged
               .
               e
               In
               like
               manner
               he
               that
               will
               infer
               such
               or
               such
               a
               sad
               disaster
               to
               have
               happened
               or
               been
               occasioned
               by
               reason
               of
               some
               fault
               in
               the
               Mariners
               ,
               must
               not
               only
               prove
               the
               fault
               it self
               ,
               but
               must
               also
               prove
               that
               that
               fault
               did
               dispose
               to
               such
               a
               sad
               event
               ,
               or
               that
               such
               a
               misfortune
               could
               not
               have
               happened
               without
               such
               a
               fault
               precedent
               ;
               f
               wherein
               the
               Mariners
               though
               legally
               qualified
               as
               good
               and
               competent
               witnesses
               for
               acts
               done
               a
               ship-board
               ,
               g
               yet
               to
               exculpate
               and
               excuse
               themselves
               ,
               they
               are
               not
               witnesses
               without
               exception
               ,
               save
               in
               certain
               Cases
               wherein
               the
               Law
               allows
               them
               a
               toleration
               by
               way
               of
               Juramental
               purgation
               ;
               And
               in
               case
               of
               loss
               or
               damage
               to
               the
               Lading
               or
               any
               part
               thereof
               by
               reason
               of
               such
               disaster
               occasioned
               
               by
               or
               in
               consequence
               of
               such
               fault
               of
               the
               Mariners
               ,
               the
               Merchant
               hath
               his
               election
               in
               Law
               ,
               whether
               he
               will
               sue
               the
               Master
               or
               the
               Owners
               of
               the
               Vessel
               ,
               h
               only
               he
               can
               recover
               but
               of
               one
               of
               them
               ;
               And
               having
               once
               determined
               his
               election
               ,
               he
               ought
               to
               stick
               to
               that
               ;
               In
               which
               case
               if
               the
               Master
               happen
               to
               be
               Judicially
               condemned
               by
               reason
               of
               any
               default
               in
               his
               Mariners
               ,
               he
               may
               detain
               their
               wages
               till
               payment
               be
               made
               ,
               and
               satisfaction
               given
               for
               such
               damage
               as
               he
               suffered
               by
               their
               neglect
               ;
               for
               they
               ought
               by
               the
               Law
               to
               refund
               it
               out
               of
               their
               wages
               .
               i
            
             
               Ships
               and
               other
               Vessels
               of
               that
               kind
               were
               Originally
               invented
               for
               use
               and
               profit
               ,
               not
               for
               pleasure
               and
               delight
               ;
               to
               plow
               the
               Seas
               ,
               not
               to
               lie
               by
               the
               walls
               ;
               therefore
               upon
               any
               probable
               design
               the
               major
               part
               of
               Part-Owners
               may
               ,
               even
               against
               the
               consent
               ,
               though
               not
               without
               the
               privity
               and
               knowledge
               of
               the
               minor
               part
               ,
               set
               a
               Vessel
               to
               Sea
               ,
               under
               such
               Provisions
               ,
               Limitations
               ,
               and
               Cautions
               ,
               as
               by
               the
               Law
               is
               in
               that
               behalf
               provided
               ;
               yea
               ,
               the
               same
               thing
               may
               be
               also
               effected
               by
               the
               one
               party
               only
               ,
               in
               case
               of
               equality
               in
               Partnership
               .
               k
               But
               in
               the
               choice
               of
               a
               Master
               ,
               where
               there
               are
               several
               Part-Owners
               of
               the
               same
               Vessel
               ,
               not
               always
               he
               that
               is
               chosen
               by
               the
               major
               part
               ,
               but
               he
               that
               is
               best
               qualified
               for
               that
               employment
               ,
               is
               according
               to
               Law
               most
               eligible
               and
               to
               be
               preferred
               .
               l
               If
               a
               ship
               be
               ript
               up
               or
               taken
               abroad
               into
               pieces
               ,
               with
               design
               of
               converting
               the
               Materials
               thereof
               to
               some
               other
               
               use
               ,
               and
               it
               be
               afterwards
               upon
               other
               advice
               or
               change
               of
               mind
               re-built
               with
               the
               same
               Materials
               ,
               This
               is
               now
               another
               and
               not
               the
               same
               ship
               ,
               m
               specially
               if
               the
               keel
               be
               ript
               up
               or
               changed
               ,
               and
               the
               whole
               ship
               be
               at
               once
               all
               taken
               asunder
               and
               re-built
               ;
               It
               is
               otherwise
               if
               it
               be
               ript
               up
               in
               parts
               or
               taken
               asunder
               in
               parts
               ,
               and
               so
               repair'd
               in
               parts
               ;
               In
               which
               Case
               it
               remains
               still
               the
               same
               ship
               ,
               and
               not
               another
               ,
               albeit
               it
               be
               so
               often
               repaired
               ,
               that
               in
               tract
               of
               time
               there
               remain
               not
               one
               chip
               of
               the
               Original
               Fabrick
               .
               And
               although
               a
               man
               repair
               his
               ship
               with
               plank
               or
               other
               materials
               belonging
               to
               another
               ,
               yet
               the
               ship
               shall
               not
               be
               his
               to
               whom
               the
               materials
               belong
               ,
               but
               remains
               his
               who
               repaired
               it
               .
               n
               It
               is
               otherwise
               if
               one
               takes
               another
               man's
               planks
               or
               materials
               prepared
               for
               the
               use
               of
               shipping
               ,
               and
               therewith
               build
               a
               Vessel
               ;
               for
               in
               that
               case
               the
               Owner
               of
               the
               materials
               shall
               be
               Owner
               also
               of
               the
               ship
               ,
               for
               the
               property
               of
               the
               whole
               Vessel
               follows
               the
               Keel
               thereof
               .
               o
               But
               if
               one
               prepare
               Tables
               and
               other
               Implements
               ,
               as
               for
               the
               use
               of
               a
               dwelling
               house
               ,
               or
               the
               like
               ,
               with
               Oke
               or
               Deal
               belonging
               to
               another
               man
               ,
               and
               afterwards
               with
               those
               Implements
               build
               a
               ship
               or
               other
               Vessel
               ,
               in
               this
               case
               the
               ship
               is
               his
               who
               built
               the
               same
               .
               p
               If
               a
               ship
               be
               bought
               ,
               together
               with
               all
               her
               Tackle
               ,
               Apparel
               and
               Furniture
               ,
               and
               other
               Instruments
               thereto
               belonging
               ,
               in
               this
               case
               and
               by
               these
               words
               the
               ships
               boat
               is
               not
               conveyed
               .
               q
               And
               therefore
               if
               by
               reason
               of
               any
               offence
               the
               ship
               happen
               to
               be
               
               forfeited
               or
               confiscate
               ,
               the
               said
               ships
               boat
               is
               not
               confiscate
               .
               r
               If
               one
               doth
               sell
               that
               ship
               or
               Vessel
               ,
               wherewith
               he
               hath
               exercised
               the
               detestable
               acts
               of
               Piracy
               ,
               whether
               the
               parties
               that
               suffered
               loss
               by
               such
               depredations
               ,
               have
               any
               remedy
               in
               Law
               against
               such
               ship
               now
               bought
               
                 bona
                 fide
              
               ,
               or
               against
               the
               buyer
               thereof
               now
               
                 bonae
                 fidei
                 possessor
              
               ,
               is
               a
               question
               much
               controverted
               ;
               Some
               are
               of
               opinion
               that
               he
               hath
               no
               remedy
               in
               Law
               ,
               because
               the
               ship
               is
               a
               senseless
               thing
               ,
               and
               not
               capable
               of
               offending
               .
               s
               As
               also
               ,
               because
               the
               buyer
               thereof
               (
               supposing
               him
               not
               conscious
               of
               any
               such
               depredations
               ,
               nor
               privy
               to
               ,
               abettor
               or
               partaker
               thereof
               )
               ought
               not
               to
               suffer
               being
               innocent
               ;
               t
               Others
               are
               of
               another
               opinion
               ,
               for
               that
               it
               is
               lawful
               for
               every
               man
               to
               seize
               the
               goods
               of
               Pirats
               ,
               u
               especially
               for
               that
               there
               lies
               a
               tacite
               obligation
               on
               the
               goods
               of
               all
               offendors
               for
               satisfaction
               ;
               w
               whence
               some
               infer
               that
               the
               Merchants
               who
               are
               so
               despoyled
               of
               their
               goods
               ,
               have
               a
               Legal
               recourse
               for
               satisfaction
               on
               the
               Pirats
               goods
               wheresoever
               or
               in
               whose
               hands
               soever
               they
               find
               them
               .
               But
               the
               more
               received
               opinion
               is
               ,
               that
               whereas
               it
               is
               held
               lawful
               for
               every
               man
               to
               apprehend
               the
               goods
               of
               Pirats
               and
               be
               blameless
               ,
               it
               is
               meant
               and
               intended
               only
               so
               long
               or
               whilest
               they
               are
               the
               goods
               of
               such
               Pirates
               ;
               x
               unless
               you
               can
               also
               affect
               the
               possessors
               of
               such
               goods
               with
               a
               participation
               of
               the
               same
               crime
               .
               And
               if
               any
               do
               
                 bona
                 fide
              
               ,
               either
               buy
               or
               redeem
               a
               ship
               or
               other
               goods
               from
               such
               Pirats
               ,
               he
               may
               
               upon
               restitution
               thereof
               to
               the
               true
               Proprietor
               recover
               of
               him
               the
               price
               of
               such
               emption
               or
               the
               redemption-money
               .
               y
               If
               a
               ship
               or
               other
               Vessel
               by
               stress
               of
               weather
               or
               through
               fear
               of
               Enemies
               or
               Pirats
               ,
               be
               forced
               or
               chased
               into
               a
               Port
               ,
               no
               Duties
               or
               Customes
               or
               other
               duties
               in
               that
               case
               ought
               to
               be
               exacted
               or
               paid
               .
               z
            
             
               In
               fraighting
               of
               ships
               ,
               respect
               is
               had
               either
               to
               the
               ship
               it self
               ,
               or
               else
               to
               a
               certain
               part
               thereof
               ;
               as
               also
               either
               by
               the
               Moneth
               ,
               or
               the
               Voyage
               ,
               or
               by
               the
               Tun
               ;
               for
               it
               is
               one
               thing
               to
               fraight
               a
               ship
               ,
               another
               thing
               to
               take
               
               certain
               Tunnage
               to
               fraight
               ;
               So
               also
               one
               thing
               to
               be
               the
               Cape-Merchant
               ,
               another
               to
               be
               an
               Under-fraighter
               ;
               and
               the
               Law
               of
               fraight
               ordinarily
               is
               regulated
               by
               the
               Contract
               ,
               and
               varies
               according
               to
               the
               diversities
               of
               Agreement
               ,
               for
               Convention
               makes
               Law.
               If
               fraight
               be
               contracted
               for
               the
               Lading
               of
               certain
               Slaves
               ,
               Cattle
               ,
               or
               the
               like
               ,
               and
               some
               of
               them
               happen
               to
               dye
               before
               the
               Vessel
               arrives
               to
               her
               Port
               of
               discharge
               ,
               the
               whole
               fraight
               is
               due
               ,
               that
               is
               ,
               as
               well
               for
               the
               dead
               as
               the
               living
               .
               a
               It
               is
               otherwise
               if
               the
               fraight
               were
               contracted
               for
               the
               Transporting
               them
               ,
               in
               which
               case
               fraight
               is
               due
               for
               no
               more
               then
               are
               alive
               at
               the
               ships
               arrival
               to
               her
               Port
               of
               discharge
               ,
               and
               no
               fraight
               due
               for
               the
               dead
               .
               b
               If
               it
               be
               not
               known
               or
               liquid
               ,
               whether
               the
               Contract
               were
               for
               the
               Lading
               or
               Transporting
               them
               ,
               the
               fraight
               is
               due
               for
               the
               Lading
               ,
               and
               consequently
               as
               well
               for
               the
               dead
               as
               living
               .
               c
               If
               fraight
               be
               contracted
               for
               
               transportation
               of
               a
               Woman
               ,
               and
               she
               happen
               during
               the
               voyage
               to
               be
               delivered
               of
               a
               child
               on
               Shipboard
               ,
               no
               fraight
               is
               to
               be
               paid
               for
               the
               said
               Infant
               .
               d
               If
               such
               misfortune
               happen
               to
               a
               Ship
               in
               her
               voyage
               that
               she
               cannot
               proceed
               therein
               ,
               the
               fraight
               contracted
               for
               doth
               cease
               in
               some
               cases
               ,
               only
               for
               so
               far
               and
               so
               much
               of
               the
               said
               voyage
               as
               the
               said
               Ship
               made
               before
               such
               misfortune
               ,
               fraight
               shall
               be
               paid
               .
               e
               If
               the
               ship
               by
               reason
               of
               the
               fraighters
               fault
               ,
               as
               for
               Lading
               Prohibited
               Commodities
               ,
               or
               the
               like
               ,
               be
               detained
               or
               impeded
               ,
               he
               shal
               pay
               the
               fraight
               contracted
               and
               agreed
               ;
               f
               The
               Lading
               of
               a
               Ship
               in
               construction
               of
               Law
               is
               tacitly
               obliged
               for
               the
               fraight
               ;
               yea
               ,
               the
               payment
               of
               fraight
               is
               preferr'd
               before
               any
               other
               Debts
               to
               which
               the
               goods
               so
               laden
               are
               liable
               ,
               albeit
               such
               Debts
               in
               time
               were
               precedent
               to
               the
               said
               Fraight
               .
               g
               If
               a
               set
               time
               be
               fixed
               and
               agreed
               between
               the
               Merchant
               and
               the
               Master
               ,
               wherein
               to
               begin
               and
               finish
               a
               Voyage
               ,
               it
               may
               not
               be
               altered
               by
               the
               Supra-Cargo
               without
               special
               Commission
               
                 ad
                 hoc
              
               ;
               nor
               may
               the
               Master
               sail
               after
               the
               time
               Covenanted
               ,
               without
               refunding
               the
               damage
               out
               of
               his
               owne
               purse
               ,
               in
               case
               any
               happen
               at
               Sea
               after
               the
               said
               time
               .
               h
               A
               Promise
               being
               made
               by
               a
               Master
               of
               a
               Ship
               to
               to
               sail
               Venice
               from
               the
               Port
               of
               London
               in
               two
               moneths
               ,
               the
               promise
               is
               performed
               if
               he
               begin
               to
               sail
               the
               said
               Voyage
               within
               the
               two
               moneths
               ,
               though
               he
               arrive
               not
               at
               Venice
               within
               the
               said
               time
               .
               i
               And
               the
               sailing
               from
               one
               Port
               to
               another
               ,
               thence
               to
               a
               third
               ,
               
               fourth
               ,
               &c.
               and
               so
               home
               to
               the
               Port
               whence
               she
               first
               set
               sayle
               ,
               o●
               some
               other
               Port
               of
               her
               last
               discharge
               ,
               is
               all
               but
               one
               and
               the
               same
               Voyage
               ,
               k
               so
               as
               it
               be
               in
               Conformity
               to
               the
               Charter
               Party
               .
            
             
               As
               there
               is
               no
               Art
               more
               Necessary
               ,
               so
               none
               more
               dangerous
               and
               uncertain
               ,
               then
               that
               of
               Navigation
               ;
               insomuch
               that
               Bias
               the
               Philosopher
               (
               One
               of
               the
               seaven
               Grecian
               Sophies
               )
               had
               a
               Conceit
               that
               Navigators
               and
               Mariners
               ,
               when
               under
               Sayle
               ,
               might
               not
               properly
               be
               reputed
               either
               among
               the
               Living
               or
               the
               Dead
               ;
               and
               Plutarch
               in
               the
               Life
               of
               Cato
               ,
               relates
               it
               as
               one
               of
               Cato's
               
                 Three
                 Penitentials
              
               at
               his
               death
               ,
               if
               ever
               he
               conveyed
               any
               thing
               by
               water
               when
               he
               might
               have
               done
               it
               by
               Land
               ;
               hence
               it
               is
               that
               the
               Law
               is
               so
               favourable
               in
               Cases
               of
               Wreck
               ,
               and
               in
               nothing
               more
               consults
               the
               reparation
               of
               any
               ,
               then
               such
               as
               by
               that
               deplorable
               Casualty
               are
               reduced
               to
               misery
               .
               Now
               no
               man
               by
               the
               Law
               may
               be
               prohibited
               or
               denyed
               the
               Liberty
               of
               Sayling
               either
               upon
               the
               Seas
               or
               any
               publick
               Rivers
               .
               l
               that
               is
               ,
               no
               man
               may
               be
               denyed
               that
               freedome
               ,
               or
               prohibited
               by
               any
               Private
               persons
               ,
               or
               other
               who
               have
               not
               
                 Jura
                 Regalia
              
               in
               that
               Territory
               ,
               for
               some
               Princes
               and
               States
               have
               in
               all
               ages
               exercised
               that
               Prerogative
               in
               this
               point
               which
               no
               lesser
               Powers
               can
               pretend
               unto
               ;
               Witness
               the
               City
               of
               Peru
               ,
               in
               her
               Concessions
               ,
               and
               Interdictions
               or
               Prohibitions
               ,
               touching
               a
               Liberty
               or
               restraint
               of
               Sayling
               on
               the
               Lake
               of
               Peru
               ;
               as
               also
               the
               like
               by
               the
               Venetians
               as
               to
               the
               Adriatick
               
               Gulfe
               ;
               m
               Not
               here
               omitting
               to
               make
               an
               honourable
               mention
               of
               that
               undoubted
               Soveraignty
               which
               the
               Kings
               of
               
                 Great
                 Brittain
              
               in
               all
               ages
               have
               had
               in
               the
               Seas
               thereof
               .
               n
               Another
               duty
               of
               Merchants
               and
               Mariners
               is
               Contribution
               ,
               which
               is
               not
               onely
               in
               the
               case
               of
               goods
               cast
               over-board
               for
               the
               Lightning
               of
               the
               Vessel
               ,
               but
               also
               in
               Case
               of
               Redemption
               of
               ship
               or
               Lading
               ,
               or
               any
               part
               thereof
               from
               Enemies
               or
               Pirates
               ,
               o
               insomuch
               that
               if
               a
               Master
               redeem
               the
               ship
               and
               Lading
               out
               of
               the
               hands
               of
               Pirates
               by
               promising
               them
               payment
               of
               a
               certain
               sum
               of
               money
               ,
               for
               performance
               whereof
               himself
               remaines
               as
               a
               pledge
               or
               Captive
               in
               the
               Custody
               of
               the
               Pirates
               ;
               in
               this
               case
               he
               is
               to
               be
               ransomed
               or
               redeemed
               at
               the
               Costs
               and
               charges
               of
               the
               said
               Ship
               and
               Lading
               ,
               ratably
               and
               proportionably
               as
               each
               mans
               Interest
               therein
               doth
               amount
               thereunto
               .
               p
               And
               if
               there
               be
               Cash
               or
               mony
               in
               the
               Ship
               ;
               it
               is
               not
               in
               this
               case
               Exempt
               from
               paying
               its
               share
               of
               the
               Contribution
               proportionably
               to
               Ship
               and
               Lading
               ,
               because
               the
               Master
               knowing
               the
               said
               money
               to
               be
               a
               Ship-board
               ,
               was
               probably
               the
               more
               willing
               to
               Redeem
               the
               Ship
               ,
               though
               at
               a
               dearer
               rate
               .
               In
               a
               storm
               ,
               when
               the
               Ship
               is
               in
               danger
               of
               perishing
               ,
               it
               is
               not
               lawful
               for
               the
               Master
               at
               his
               own
               discretion
               ,
               without
               advice
               first
               had
               with
               the
               Merchants
               or
               their
               Factors
               or
               Supracargoes
               ,
               to
               cast
               goods
               over-board
               for
               the
               Lightning
               the
               Vessel
               ,
               or
               to
               Cut
               down
               the
               Mast
               ,
               or
               the
               like
               ;
               but
               in
               case
               they
               consent
               not
               ,
               and
               the
               Master
               see
               cause
               for
               it
               ,
               
               he
               may
               even
               against
               their
               consents
               do
               the
               same
               ,
               by
               the
               advice
               of
               the
               major
               part
               of
               his
               Mariners
               ,
               who
               at
               the
               end
               of
               their
               Voyage
               are
               to
               make
               oath
               ,
               that
               they
               did
               the
               same
               out
               of
               Necessity
               ,
               and
               only
               for
               preservation
               of
               Ship
               and
               Lading
               ,
               and
               by
               advice
               of
               the
               Mariners
               :
               And
               the
               Master
               in
               such
               case
               is
               to
               take
               as
               much
               care
               as
               in
               him
               lies
               ,
               that
               such
               goods
               only
               be
               ejected
               and
               cast
               over-board
               as
               are
               of
               the
               heavyest
               weight
               ,
               and
               least
               value
               ;
               q
               for
               which
               Contribution
               is
               to
               be
               made
               ,
               wherein
               the
               ejected
               goods
               are
               to
               be
               valued
               as
               other
               of
               the
               same
               species
               are
               sold
               for
               ;
               And
               Jewels
               ,
               though
               of
               no
               burthen
               to
               the
               Vessel
               ,
               yet
               in
               such
               case
               are
               liable
               to
               pay
               their
               share
               of
               Contribution
               according
               to
               their
               value
               ;
               And
               in
               such
               Cases
               the
               Custome
               of
               the
               Place
               is
               to
               be
               observed
               ;
               for
               by
               the
               Custome
               of
               some
               Places
               the
               Oaths
               of
               the
               Master
               and
               a
               Third
               part
               of
               the
               Mariners
               are
               required
               ,
               by
               the
               Custome
               of
               other
               Places
               the
               Masters
               Oath
               with
               two
               or
               three
               of
               his
               Mariners
               doth
               suffice
               .
               But
               if
               only
               the
               Ship
               it self
               ,
               or
               any
               of
               her
               Tackle
               happen
               by
               stress
               of
               weather
               to
               be
               damnified
               ,
               there
               is
               no
               Contribution
               for
               the
               same
               ,
               though
               the
               Lading
               be
               all
               preserved
               .
               r
               Contribution
               is
               to
               be
               made
               and
               regulated
               in
               this
               manner
               ;
               First
               ,
               the
               goods
               which
               are
               lost
               or
               were
               ejected
               for
               conservation
               of
               the
               rest
               ,
               are
               to
               be
               valued
               and
               appraised
               ;
               then
               the
               goods
               saved
               are
               likewise
               to
               be
               estimated
               ,
               that
               so
               the
               values
               of
               each
               being
               known
               ,
               a
               proportionable
               valuation
               may
               be
               contributed
               by
               the
               goods
               saved
               ,
               towards
               satisfaction
               for
               the
               goods
               
               ejected
               ,
               lost
               ,
               or
               thrown
               over-board
               ;
               wherein
               regard
               is
               to
               be
               had
               not
               to
               what
               might
               be
               got
               by
               the
               goods
               lost
               ,
               but
               what
               the
               damage
               is
               by
               the
               loss
               thereof
               ;
               which
               are
               to
               be
               estimated
               not
               so
               much
               by
               what
               they
               might
               possibly
               be
               sold
               for
               ,
               as
               by
               what
               they
               cost
               or
               were
               bought
               for
               .
               Though
               in
               truth
               the
               more
               received
               practise
               and
               Custome
               is
               ,
               that
               the
               goods
               
               saved
               and
               lost
               are
               both
               estimated
               as
               the
               saved
               goods
               happen
               to
               be
               sold
               for
               ,
               the
               fraight
               and
               other
               necessary
               charges
               being
               first
               deducted
               ;
               and
               the
               Estimation
               or
               Computation
               is
               to
               be
               made
               by
               such
               skilful
               Merchants
               and
               Mariners
               as
               adhere
               in
               their
               judgements
               and
               affections
               to
               neither
               party
               ,
               farther
               then
               becomes
               indifferent
               Arbitrators
               ;
               which
               may
               be
               managed
               with
               most
               equality
               and
               least
               suspicion
               or
               exception
               ,
               if
               the
               appraisment
               be
               made
               upon
               oath
               .
               And
               if
               any
               in
               the
               Ship
               hath
               Money
               ,
               Plate
               ,
               Jewels
               ,
               or
               the
               like
               ,
               in
               any
               Trunk
               ,
               Chest
               ,
               Pack
               ,
               Fardel
               ,
               or
               other
               thing
               now
               to
               be
               thrown
               over-board
               ,
               he
               ought
               to
               discover
               it
               and
               shew
               it
               to
               the
               Master
               of
               the
               Ship
               before
               the
               ejection
               ,
               or
               otherwise
               in
               casting
               up
               the
               Contribution
               ,
               these
               things
               will
               come
               no
               farther
               into
               consideration
               ,
               then
               what
               the
               bare
               Extrinsick
               value
               appeared
               to
               be
               .
               The
               goods
               
               preserved
               are
               by
               Law
               as
               liable
               to
               pay
               Contribution
               as
               Fraight
               ,
               and
               are
               tacitely
               obliged
               for
               the
               one
               as
               for
               the
               other
               ,
               and
               the
               Master
               may
               retain
               them
               as
               a
               pledge
               in
               Law
               as
               well
               for
               the
               satisfaction
               of
               the
               one
               as
               of
               the
               other
               ;
               If
               such
               ejected
               goods
               or
               the
               Merchandize
               be
               afterwards
               recovered
               out
               of
               the
               
               Sea
               ,
               the
               Contribution
               for
               them
               ceases
               ,
               saving
               for
               so
               much
               as
               they
               are
               thereby
               deteriorated
               .
               s
               But
               if
               by
               reason
               of
               the
               Masters
               over-lading
               the
               Vessel
               ,
               or
               by
               his
               indiscreet
               stowing
               the
               Goods
               or
               the
               like
               ,
               such
               ejection
               or
               casting
               goods
               over-board
               happen
               ,
               in
               that
               case
               no
               Contribution
               to
               be
               made
               by
               the
               Merchants
               ;
               but
               Satisfaction
               by
               the
               Ship
               ,
               the
               Master
               ,
               or
               Owners
               thereof
               .
               t
               If
               to
               avoyd
               the
               danger
               of
               a
               Storm
               ,
               the
               Master
               cut
               down
               the
               Masts
               and
               Sayls
               ,
               and
               they
               falling
               into
               the
               Sea
               are
               lost
               ;
               this
               dammage
               is
               to
               be
               made
               good
               by
               Ship
               and
               Lading
               
                 pro
                 rata
              
               ;
               Not
               so
               in
               case
               the
               same
               had
               happened
               by
               the
               Violence
               of
               the
               Wind
               or
               Storm
               ,
               or
               other
               Casualties
               .
               Also
               no
               Contribution
               in
               case
               one
               Ship
               strike
               against
               another
               ,
               whereby
               dammage
               happens
               ;
               but
               full
               satisfaction
               in
               case
               of
               a
               fault
               or
               miscarriage
               in
               either
               ,
               or
               an
               equal
               division
               of
               the
               dammage
               in
               ca●e
               it
               happen
               by
               a
               meer
               Casualty
               .
               Lastly
               ,
               If
               a
               Lighter
               ,
               or
               Skiff
               ,
               or
               the
               Ships
               Boat
               into
               which
               part
               of
               the
               Cargo
               is
               unladen
               for
               the
               the
               lightning
               of
               the
               Ship
               ,
               perish
               ,
               and
               the
               Ship
               be
               preserved
               ,
               in
               that
               Case
               Contribution
               is
               to
               be
               made
               ;
               Otherwise
               it
               is
               ,
               in
               case
               the
               Ship
               perish
               ,
               and
               the
               Lighter
               ,
               Skiff
               ,
               or
               Ships
               Boat
               be
               preserved
               ;
               for
               no
               Contribution
               but
               where
               the
               Ship
               arrives
               in
               safety
               .
               v
            
             
               Within
               the
               Cognisance
               of
               the
               Jurisdiction
               of
               the
               Admiralty
               ,
               and
               wherein
               Merchants
               and
               Mariners
               are
               principally
               concerned
               ,
               are
               also
               all
               causes
               of
               Reprizals
               ,
               known
               to
               us
               by
               the
               Words
               Reprisaliae
               ,
               or
               
                 Letters
                 of
                 Marque
              
               ,
               
               which
               in
               the
               Law
               have
               also
               other
               Appellations
               ,
               as
               
                 Pignoratio
                 ,
                 Clarigatio
              
               ,
               and
               Androlepsia
               ;
               For
               it
               is
               supposed
               that
               those
               Reprizals
               now
               commonly
               used
               ,
               were
               first
               introduced
               in
               Imitation
               of
               that
               Androlepsia
               among
               the
               Greeks
               ,
               with
               whom
               it
               was
               a
               certain
               Right
               in
               case
               of
               Murder
               ,
               to
               apprehend
               and
               seize
               any
               three
               persons
               whether
               Citizens
               
               or
               other
               of
               any
               such
               place
               or
               City
               ,
               into
               which
               the
               Murtherer
               had
               fled
               for
               shelter
               ,
               making
               it
               his
               place
               of
               Residence
               ;
               and
               such
               persons
               to
               keep
               in
               safe
               custody
               ,
               until
               upon
               demand
               the
               said
               Murderer
               were
               delivered
               up
               to
               Justice
               ;
               This
               was
               Androlepsia
               with
               the
               Greeks
               ,
               which
               (
               as
               some
               suppose
               )
               gave
               an
               hint
               to
               other
               Nations
               for
               these
               Reprizals
               ,
               which
               are
               now
               of
               practice
               more
               common
               then
               commendable
               .
               The
               word
               Clarigatio
               is
               more
               acceptable
               to
               express
               Reprizals
               ,
               then
               either
               Androlepsia
               or
               Pignoratio
               ;
               fot
               Pignoratio
               is
               a
               word
               too
               Generall
               ,
               and
               Androlepsia
               too
               Special
               ,
               as
               being
               only
               by
               the
               Authority
               of
               such
               as
               required
               the
               Revenge
               of
               Murder
               ,
               and
               upon
               no
               other
               accompt
               then
               that
               .
               The
               word
               
                 [
                 Reprizals
              
               ]
               is
               from
               the
               
                 French
                 ,
                 reprendre
                 &
                 reprise
              
               ,
               that
               is
               ,
               to
               Retake
               ,
               or
               to
               take
               again
               one
               thing
               for
               anorher
               ;
               albeit
               this
               may
               not
               be
               by
               any
               Private
               Authority
               ,
               but
               only
               by
               the
               Authority
               of
               that
               Prince
               whose
               subject
               the
               Injured
               person
               is
               ,
               and
               only
               in
               case
               Justice
               be
               denyed
               or
               illegally
               delayed
               by
               that
               Prince
               whose
               subject
               the
               Offender
               is
               :
               For
               before
               any
               concession
               of
               Letters
               of
               Reprizal
               or
               Marque
               ,
               there
               ought
               to
               precede
               
               the
               Oath
               of
               the
               party
               Injured
               ,
               or
               other
               sufficient
               proof
               touching
               the
               pretended
               Injurie
               ,
               the
               certain
               lo●s
               and
               damage
               thereby
               sustained
               ,
               the
               due
               prosecution
               for
               obtaining
               satisfaction
               in
               a
               Legal
               way
               ,
               the
               denyal
               or
               protelation
               of
               Justice
               ,
               the
               complaint
               thereof
               to
               his
               own
               Prince
               ,
               Requision
               of
               Justice
               by
               him
               made
               to
               the
               supreme
               Magistrate
               where
               Justice
               in
               the
               ordinary
               course
               was
               denyed
               ,
               persistency
               still
               in
               the
               denyal
               of
               Justice
               ;
               all
               which
               precedent
               ,
               Letrers
               of
               Reprizal
               (
               under
               such
               Cautions
               ,
               Restrictions
               ,
               and
               Limitations
               as
               are
               consonant
               to
               Law
               ,
               and
               as
               the
               special
               Case
               may
               require
               )
               may
               issue
               by
               the
               
                 Jus
                 Gentium
              
               ;
               for
               such
               Law-Casuists
               as
               question
               whether
               Reprizals
               are
               Lawful
               ,
               are
               in
               that
               point
               rather
               Divines
               then
               Lawyers
               ;
               Grotius
               ,
               who
               was
               both
               ,
               resolves
               it
               in
               the
               Affirmative
               ;
               w
               wherein
               Nations
               as
               well
               as
               Persons
               ,
               the
               
                 Jus
                 Civile
              
               as
               well
               as
               the
               
                 Jus
                 Gentium
              
               agree
               the
               Legality
               thereof
               ;
               whether
               you
               understand
               General
               and
               Universal
               Reprizals
               ,
               which
               is
               
                 quasi
                 Bellum
                 Privatum
              
               ,
               or
               Special
               and
               Particular
               Reprizals
               ,
               which
               is
               
                 quasi
                 Duellum
                 Publicum
              
               .
            
             
               The
               precedent
               Requisites
               being
               duely
               observed
               ,
               Reprizals
               may
               issue
               by
               the
               Authority
               of
               the
               Prince
               ,
               in
               whom
               alone
               resides
               the
               power
               as
               of
               making
               War
               and
               Peace
               ,
               so
               also
               of
               granting
               Letters
               of
               Marque
               ;
               And
               this
               notwithstanding
               any
               Lawes
               to
               the
               Contrary
               that
               seem
               to
               inhibite
               the
               same
               ;
               x
               But
               with
               respect
               to
               the
               National
               Treaties
               and
               Coventions
               ,
               which
               in
               this
               point
               
               may
               at
               times
               vary
               and
               alter
               the
               Case
               in
               Conformitie
               to
               such
               National
               Contracts
               .
               A
               due
               Administration
               of
               Justice
               is
               not
               the
               Least
               sense
               wherein
               Princes
               are
               stiled
               Gods
               ;
               To
               deny
               or
               delay
               Justice
               is
               Injustice
               ;
               Justice
               is
               every
               mans
               Right
               who
               hath
               not
               forfeited
               what
               he
               might
               claim
               by
               the
               
                 Jus
                 Gentium
              
               ;
               therefore
               the
               Prince
               ,
               within
               whose
               Territories
               Justice
               is
               denyed
               or
               delayed
               ,
               is
               Accomptable
               to
               that
               other
               Prince
               whose
               Subjects
               suffer
               thereby
               ;
               and
               by
               the
               Law
               Subjects
               may
               be
               punished
               for
               their
               Prince's
               Omissions
               in
               what
               the
               Law
               of
               Nations
               requires
               .
               y
               And
               that
               Prince
               who
               unlawfully
               detained
               the
               Rights
               of
               a
               Subject
               under
               another
               Prince
               ,
               or
               suffers
               it
               within
               his
               Territories
               to
               be
               detained
               ,
               and
               in
               the
               Ordinary
               Course
               of
               Law
               denies
               Restitution
               ,
               he
               may
               at
               length
               be
               compelled
               to
               Restitution
               ,
               
                 vi
                 &
                 manu
                 militari
              
               .
               z
            
             
               He
               that
               in
               the
               way
               of
               Reprizals
               apprehends
               at
               Sea
               another
               mans
               Goods
               ,
               ought
               not
               to
               keep
               them
               in
               his
               own
               private
               Custody
               ,
               and
               to
               Convert
               them
               by
               his
               own
               authority
               to
               his
               own
               private
               use
               ,
               but
               ought
               to
               bring
               them
               to
               some
               Publick
               Place
               in
               order
               to
               a
               Judication
               according
               to
               Law
               ;
               yet
               they
               are
               to
               remain
               with
               the
               Captors
               till
               by
               them
               they
               are
               thus
               brought
               and
               submitted
               to
               Publick
               Justice
               ;
               by
               the
               authoritie
               whereof
               Commission
               may
               issue
               for
               Landing
               or
               unlading
               the
               said
               goods
               ,
               for
               Inspection
               ,
               for
               Inventorying
               ,
               and
               for
               Sale
               ,
               either
               of
               such
               part
               thereof
               as
               upon
               such
               Inspection
               shall
               
               appear
               to
               be
               
                 Bona
                 peritura
              
               ,
               or
               of
               the
               whole
               in
               case
               the
               Court
               shall
               see
               Cause
               ,
               which
               is
               to
               order
               payment
               out
               of
               the
               Proceed
               thereof
               to
               the
               party
               to
               whose
               use
               the
               Letters
               of
               Marque
               issued
               for
               and
               towards
               satisfaction
               of
               his
               debt
               and
               damages
               ,
               after
               deduction
               of
               all
               dues
               ,
               duties
               ,
               necessary
               Costs
               and
               Charges
               relating
               to
               the
               Seizure
               ,
               either
               Judicially
               or
               Extra-judicially
               ;
               And
               the
               said
               debt
               and
               damages
               (
               with
               all
               Costs
               and
               Charges
               )
               being
               fully
               satisfied
               ,
               the
               Remainder
               or
               Overplus
               (
               if
               any
               ,
               which
               seldome
               happens
               in
               such
               cases
               )
               is
               to
               be
               Restored
               to
               their
               Owners
               from
               whom
               they
               were
               taken
               ,
               and
               the
               said
               Letters
               of
               Marque
               thenceforward
               to
               cease
               .
               Such
               Letters
               of
               Marque
               issue
               not
               without
               good
               and
               Sufficient
               Caution
               first
               given
               in
               Court
               for
               the
               due
               observance
               thereof
               according
               to
               Law
               ,
               the
               transgression
               whereof
               creates
               a
               forfeiture
               of
               such
               Judicial
               Recognizance
               or
               Stipulation
               ;
               and
               the
               Captor
               for
               the
               better
               management
               of
               a
               Judicial
               Proof
               ,
               in
               order
               to
               a
               right
               Decision
               according
               to
               the
               merits
               of
               the
               case
               ,
               is
               to
               produce
               part
               of
               the
               Seized
               Mariners
               to
               be
               Sworn
               and
               Examined
               according
               to
               Law
               ,
               as
               also
               to
               Exhibite
               all
               the
               Ship-papers
               and
               Evidences
               found
               a
               Shipboard
               ;
               and
               till
               Judication
               he
               may
               not
               break
               bulk
               of
               his
               own
               private
               authority
               ,
               nor
               suffer
               any
               imbezilement
               of
               the
               Lading
               ,
               nor
               Sell
               ,
               Barter
               ,
               or
               otherwise
               alter
               the
               property
               thereof
               ,
               without
               Special
               Commission
               from
               the
               Court
               for
               so
               doing
               .
            
             
             
               In
               the
               Law
               there
               are
               certain
               Persons
               and
               Things
               Exempt
               from
               being
               Lyable
               or
               Subject
               to
               Reprizals
               ;
               They
               whose
               Persons
               are
               Exempt
               ,
               have
               also
               their
               goods
               Free.
               Reprizals
               granted
               against
               any
               Kingdome
               or
               State
               ,
               are
               understood
               as
               against
               such
               only
               who
               inhabit
               therein
               ,
               and
               not
               against
               such
               who
               though
               originally
               of
               that
               Countrey
               against
               which
               the
               Reprizals
               are
               ,
               yet
               inhabit
               elsewhere
               ,
               possibly
               in
               the
               same
               Kingdome
               whence
               the
               Letters
               of
               Marque
               issued
               ;
               for
               he
               is
               not
               in
               this
               point
               reputed
               of
               that
               Kingdome
               ,
               State
               ,
               Province
               ,
               or
               City
               wherein
               he
               doth
               not
               inhabite
               ,
               albeit
               he
               were
               born
               therein
               ;
               It
               is
               not
               the
               place
               of
               a
               mans
               Nativity
               but
               his
               Domicill
               ,
               not
               of
               his
               Origination
               but
               of
               his
               Habitation
               ,
               that
               subjects
               him
               to
               Reprizals
               ;
               the
               Law
               doth
               not
               consider
               so
               much
               where
               he
               was
               Borne
               ,
               as
               where
               he
               Lives
               ;
               not
               so
               much
               where
               he
               came
               into
               the
               world
               ,
               as
               where
               he
               improves
               the
               world
               ;
               provided
               he
               hath
               there
               Decenniated
               or
               inhabited
               Ten
               years
               ,
               or
               less
               ,
               in
               case
               he
               hath
               born
               Office
               there
               ,
               or
               paid
               Scott
               and
               Lott
               ,
               or
               removed
               his
               Family
               thither
               ,
               or
               his
               Estate
               ,
               or
               the
               greater
               part
               thereof
               ,
               or
               is
               Naturalized
               a
               Denizon
               of
               that
               Countrey
               .
            
             
               Reprizals
               may
               not
               be
               Exercised
               on
               Pilgrims
               ,
               or
               such
               as
               travel
               for
               Religion
               sake
               ,
               nor
               on
               Students
               ,
               Scholars
               or
               their
               Books
               ,
               or
               other
               Necessaries
               ;
               Nor
               on
               Ambassadors
               or
               their
               Retinue
               ;
               nor
               on
               Women
               or
               Children
               .
               Likewise
               Goods
               found
               with
               a
               Merchant
               of
               another
               place
               then
               that
               against
               which
               Reprizals
               
               are
               granted
               ,
               albeit
               the
               Factor
               of
               such
               Goods
               were
               of
               that
               place
               ,
               are
               not
               subject
               to
               such
               Reprizals
               ;
               nor
               ought
               the
               presumption
               of
               the
               Place
               (
               though
               strong
               enough
               for
               Condemnation
               where
               proof
               of
               an
               innocent
               property
               failes
               )
               prevail
               against
               fuller
               Evidence
               .
               Ecclesiastical
               persons
               are
               also
               by
               the
               Canon
               Law
               expresly
               Exempt
               from
               Reprizals
               ;
               So
               likewise
               such
               persons
               ,
               as
               by
               Storm
               or
               Stress
               of
               weather
               are
               driven
               into
               Port
               ,
               have
               an
               Exemption
               from
               the
               Law
               of
               Reprizals
               according
               to
               the
               
                 Jus
                 Commune
              
               ,
               what
               the
               Edict
               of
               any
               particular
               State
               in
               that
               case
               may
               doe
               ,
               is
               not
               here
               determined
               ;
               But
               a
               ship
               or
               Goods
               belonging
               to
               the
               Subjects
               of
               another
               Prince
               ,
               against
               whom
               Reprizals
               are
               granted
               ,
               coming
               into
               a
               Port
               ,
               of
               that
               State
               ,
               issuing
               such
               Letters
               of
               Reprizal
               ,
               not
               by
               storm
               or
               stresse
               of
               Weather
               ,
               but
               to
               avoid
               Confiscation
               for
               some
               delict
               committed
               at
               home
               in
               their
               own
               Countrey
               ,
               may
               be
               subject
               to
               Reprizals
               in
               Port.
               
            
             
               This
               Right
               of
               Reprizals
               (
               which
               as
               some
               would
               have
               it
               ,
               answers
               to
               the
               
                 Saxon
                 Withernam
              
               )
               is
               not
               only
               admissable
               in
               cases
               of
               denyal
               ,
               or
               protelation
               of
               Justice
               ,
               as
               when
               Judgement
               may
               not
               be
               had
               within
               the
               time
               prescribed
               by
               Law
               ,
               but
               also
               when
               Judgement
               is
               given
               plainly
               against
               the
               Law
               ,
               and
               no
               Remedy
               to
               be
               had
               against
               such
               wrong
               Judgement
               ,
               either
               in
               the
               ordinary
               course
               
                 per
                 viam
                 Provocationis
                 A
                 Appellationis
                 ad
                 J●dicem
                 superiorem
                 ,
              
               nor
               in
               the
               extraordinary
               
                 per
                 viam
                 supplicationis
                 ad
                 principem
              
               ;
               understand
               
               thus
               when
               the
               matter
               in
               Controversie
               is
               
                 tam
                 quod
                 merita
                 quam
                 quod
                 modum
                 procedendi
                 ,
              
               not
               Doubtful
               ,
               for
               in
               Doubtful
               matters
               the
               Presumption
               is
               ever
               for
               the
               Judge
               or
               Court
               ;
               But
               a
               wrong
               Judgement
               in
               matters
               not
               Doubtful
               must
               be
               redress'd
               one
               way
               or
               other
               ,
               specially
               if
               such
               be
               given
               to
               the
               prejudice
               of
               Foraigners
               ,
               over
               whom
               the
               Authority
               of
               a
               Judge
               ,
               though
               in
               his
               own
               Jurisdiction
               ,
               is
               not
               so
               exactly
               the
               same
               ,
               as
               over
               his
               own
               Subjects
               ;
               And
               although
               it
               be
               a
               Rule
               in
               Law
               ,
               
                 Res
                 judicata
                 pro
                 veritate
                 habetur
              
               ,
               yet
               it
               is
               as
               true
               ,
               that
               
                 Judex
                 male
                 judicans
                 pro
                 injuria
                 tenetur
              
               ;
               nor
               doth
               a
               Judgement
               or
               a
               Definitive
               diminish
               the
               merits
               ,
               though
               it
               may
               alter
               the
               Case
               ;
               Therefore
               Paulus
               the
               Lawyer
               held
               ,
               that
               a
               Debtor
               ,
               that
               is
               a
               Debtor
               indeed
               ,
               though
               Judicially
               absolved
               ,
               yet
               by
               nature
               remains
               a
               Debtor
               still
               ;
               and
               therefore
               when
               this
               happens
               to
               be
               a
               Foraigners
               Case
               ,
               he
               may
               (
               if
               all
               other
               Legal
               Expedients
               fail
               )
               for
               redress
               have
               recourse
               to
               the
               
                 Jus
                 Gentium
              
               ,
               which
               holds
               conformity
               with
               the
               Law
               of
               Nature
               .
               Subjects
               indeed
               may
               not
               by
               force
               oppose
               the
               Execution
               even
               of
               an
               illegal
               Judgment
               ,
               nor
               forcibly
               prosecute
               their
               denyed
               rights
               ,
               and
               that
               by
               reason
               of
               the
               Energie
               of
               that
               Power
               and
               Authority
               which
               is
               over
               them
               ,
               the
               Subjects
               obedience
               being
               in
               the
               Emphasis
               of
               the
               Magistrates
               Authority
               :
               But
               yet
               Foraigners
               can
               fly
               to
               the
               
                 Jus
                 Gentium
              
               to
               Right
               themselves
               by
               way
               of
               Compulsion
               ,
               which
               they
               could
               not
               effect
               by
               any
               Legal
               prosecution
               ,
               so
               long
               as
               their
               Right
               is
               
               reparable
               by
               Judgment
               according
               to
               Law
               ,
               but
               infeazible
               by
               reason
               of
               the
               denegation
               or
               protelation
               of
               Justice
               ,
               contrary
               to
               the
               regular
               proceedings
               of
               Law.
               It
               seems
               at
               least
               
                 Summum
                 jus
              
               if
               not
               
                 plus
                 justo
              
               ,
               that
               the
               Goods
               of
               his
               Innocent
               Subjects
               that
               denyed
               Justice
               ,
               should
               be
               taken
               and
               seized
               for
               that
               ●njustice
               ,
               wherof
               they
               appear
               no
               more
               guilty
               then
               the
               original
               Complainants
               :
               The
               truth
               is
               ,
               this
               is
               not
               introduced
               by
               the
               
                 Jus
                 Naturae
              
               ,
               but
               yet
               being
               commonly
               received
               by
               Custome
               and
               National
               practise
               ,
               is
               now
               become
               qualified
               for
               an
               allowance
               or
               tolleration
               by
               the
               
                 Jus
                 Gentium
              
               ;
               whether
               this
               were
               sufficient
               for
               Nestor
               to
               plunder
               the
               Elidenses
               
               for
               taking
               away
               his
               Fathers
               horses
               ,
               or
               for
               others
               on
               the
               like
               peccadilloes
               in
               this
               Age
               ,
               to
               Centuple
               their
               Losses
               on
               their
               Innocent
               Neighbours
               for
               their
               Princes
               omissions
               under
               colour
               of
               Letters
               of
               Marque
               ,
               is
               easier
               to
               question
               then
               proper
               to
               determine
               ;
               But
               whether
               Christian
               blood
               should
               be
               ingaged
               in
               the
               quarrel
               which
               originully
               was
               but
               of
               Private
               Interest
               ,
               would
               soon
               be
               decided
               where
               no
               Military
               man
               hath
               the
               Chair
               .
               By
               the
               Law
               of
               Nations
               all
               the
               Subjects
               of
               the
               Dominion
               doing
               wrong
               ,
               whether
               Natives
               or
               Strangers
               making
               their
               aboad
               there
               ,
               are
               within
               the
               reach
               of
               Reprizals
               ;
               whereby
               't
               is
               evident
               ,
               that
               Strangers
               not
               permanent
               there
               ,
               nor
               under
               any
               of
               the
               aforesaid
               qualifications
               ,
               are
               excepted
               ;
               for
               Reprizals
               being
               in
               their
               nature
               
                 quasi
                 onus
                 Publicum
              
               ,
               are
               introduced
               for
               the
               satisfaction
               of
               Publick
               Debts
               ,
               to
               
               which
               Strangers
               ,
               that
               are
               meerly
               such
               ,
               are
               no
               way
               obliged
               ;
               indeed
               to
               the
               Laws
               of
               the
               Land
               ,
               where
               their
               present
               being
               is
               ,
               they
               are
               subject
               ,
               but
               yet
               are
               not
               Subjects
               .
               And
               whereas
               it
               is
               formerly
               said
               ,
               that
               Ambassadors
               are
               Exempt
               from
               Reprizals
               ,
               as
               also
               their
               Retinue
               and
               Goods
               ,
               understand
               it
               not
               of
               such
               as
               are
               Commissionated
               to
               any
               Prince
               or
               State
               in
               enmity
               or
               actual
               hostility
               against
               that
               Prince
               who
               issues
               such
               Letters
               of
               Marque
               .
               Lastly
               ,
               by
               the
               Law
               of
               Nations
               in
               matters
               of
               Reprizals
               ,
               whatever
               is
               taken
               ,
               immediately
               upon
               the
               Capture
               accrues
               
                 ipso
                 facto
              
               to
               the
               Captor
               in
               point
               of
               Propetty
               ,
               so
               far
               as
               the
               Original
               debt
               or
               damage
               with
               all
               incident
               costs
               and
               charges
               doth
               amount
               unto
               ,
               and
               the
               surplus
               to
               be
               restored
               ;
               which
               Equity
               in
               this
               case
               the
               Venetians
               long
               since
               used
               to
               the
               ships
               they
               took
               on
               this
               accompt
               from
               the
               Genuises
               ;
               But
               by
               the
               Civil
               Law
               ,
               Monitions
               
               or
               Citations
               after
               a
               seizure
               ought
               to
               issue
               ,
               and
               the
               parties
               concerned
               are
               not
               to
               carve
               for
               themselves
               ,
               but
               submit
               the
               whole
               matter
               to
               a
               Judicial
               Examination
               ,
               in
               order
               to
               their
               Satisfaction
               ,
               which
               ought
               to
               ballance
               the
               
                 Damnum
                 Emergens
              
               ,
               but
               not
               to
               exceed
               by
               way
               of
               Supplement
               in
               reference
               to
               the
               
                 Lucrum
                 cessans
              
               ;
               for
               the
               Law
               of
               Reprizals
               though
               otherwise
               rigid
               enough
               ,
               yet
               
                 Restitutio
                 in
                 integrum
              
               is
               its
               ultimate
               design
               ;
               and
               as
               no
               man
               ought
               to
               be
               enriched
               by
               anothers
               Losse
               ,
               so
               no
               man
               ought
               to
               gain
               by
               his
               own
               Losse
               ,
               when
               it
               may
               not
               be
               repaired
               otherwise
               then
               by
               Remedies
               extraordinary
               ,
               if
               not
               unlawful
               .
            
             
             
               Having
               glanced
               at
               some
               general
               Heads
               of
               the
               Law
               of
               the
               Admiralty
               
                 quasi
                 in
                 transitu
              
               by
               way
               of
               Introduction
               (
               the
               least
               whereof
               in
               its
               due
               Latitude
               requiring
               more
               Volumes
               then
               are
               Pages
               in
               this
               )
               and
               therein
               the
               Custom
               paid
               ,
               with
               other
               ordinary
               Port-charges
               usual
               in
               such
               cases
               ,
               It
               may
               now
               be
               free
               to
               sayl
               from
               the
               Law
               to
               the
               Jurisdiction
               of
               the
               Admiralty
               ,
               being
               the
               Port
               of
               Discharge
               in
               the
               Design
               of
               this
               Adventure
               ;
               The
               Wind
               seems
               Fair
               ,
               the
               Seas
               well
               purged
               of
               Rovers
               ,
               and
               Nereus
               reinvested
               with
               his
               Trident
               ;
               The
               Ensurance
               therefore
               need
               run
               but
               Low
               ,
               the
               Danger
               is
               not
               great
               now
               that
               we
               have
               Peace
               with
               all
               Our selves
               ;
               yea
               ,
               the
               Loss
               is
               but
               small
               though
               the
               Ship
               miscarry
               ,
               so
               the
               Cargo
               be
               preserved
               ,
               for
               that
               's
               of
               value
               ,
               indeed
               a
               Jewell
               ,
               without
               which
               the
               whole
               World
               would
               soon
               be
               Bankerupt
               ;
               So
               that
               if
               it
               escape
               the
               private
               Arrest
               of
               some
               Fained
               or
               
                 Fictitious
                 Action
              
               ,
               there
               is
               no
               fear
               of
               a
               General
               Embarg
               .
            
          
           
             
             
               Elenchus
               Authorum
               ;
               
                 OR
                 ,
                 The
                 Names
                 of
                 the
                 Authours
                 Quoted
                 in
                 this
                 TREATISE
                 .
              
            
             
               
                 AeSchilus
                 .
              
               
                 Accursius
                 .
              
               
                 Afflictus
                 .
              
               
                 Africanus
                 .
              
               
                 Albericus
                 .
              
               
                 Alexander
                 .
              
               
                 Alonzo
                 de
                 Chavez
                 .
              
               
                 Andreas
                 Masius
                 .
              
               
                 Angelus
                 .
              
               
                 Annot.
                 in
                 Sac.
                 Bib.
                 Edit
                 .
                 1651.
                 
              
               
                 Aristotle
                 .
              
               
                 Athenaeus
                 .
              
               
                 Aurelius
                 .
              
               
                 Aul.
                 Gellius
                 .
              
               
                 Baldus
                 .
              
               
                 Bartolus
                 .
              
               
                 Bernar.
                 Gerardus
                 .
              
               
                 Boerius
                 .
              
               
                 Boroughs
                 .
              
               
                 Brownlow
                 .
              
               
                 Bullenger
                 .
              
               
                 Caius
                 .
              
               
                 Caiciapulus
                 .
              
               
                 Cagnolus
                 .
              
               
                 Calvinus
                 .
              
               
                 Calistratus
                 .
              
               
                 Carbo
                 .
              
               
                 Cassanaeus
                 .
              
               
                 Castrensis
                 .
              
               
                 Casus
                 .
              
               
                 Caesars
                 Comment
                 .
              
               
                 Coelus
                 Rhod.
                 
              
               
                 Caepolla
                 .
              
               
                 Celsus
                 .
              
               
                 Cicero
                 .
              
               
                 Comines
                 .
              
               
                 Consul
                 del
                 Mar.
                 
              
               
                 Corp.
                 Jur.
                 Civil
                 .
              
               
                 Corp.
                 Jur.
                 Can.
                 
              
               
                 Codinus
                 .
              
               
                 Coke
                 .
              
               
                 Corvinus
                 .
              
               
                 Cowell
                 .
              
               
                 
                 Crook
                 .
              
               
                 Curopalates
                 .
              
               
                 Curtius
                 .
              
               
                 Cynus
                 .
              
               
                 Cothereou
                 .
                 Pet.
                 Coth
                 .
              
               
                 Demosthenes
                 .
              
               
                 Diodor.
                 Sic.
                 
              
               
                 Dion
                 .
                 Afric
                 .
              
               
                 Doct.
                 &
                 Stud.
                 
              
               
                 Domin
                 .
                 Niger
                 .
              
               
                 Donellus
                 .
              
               
                 Durandus
                 .
              
               
                 Faber
                 .
              
               
                 Fascic
                 .
                 de
                 sup
                 .
                 Adm.
                 in
                 arce
                 Londinensi
                 .
              
               
                 Fazellus
                 .
              
               
                 Ferrandus
                 .
              
               
                 Fitzherbert
                 .
              
               
                 Fleta
                 .
              
               
                 Florus
                 .
              
               
                 Forster
                 .
              
               
                 Fragm
                 .
                 Hist
                 .
                 Aquit
                 .
              
               
                 Fragm
                 .
                 Ascript
                 .
                 Polib
                 .
              
               
                 Fulgosius
                 .
              
               
                 Galen
                 .
              
               
                 Gellius
                 .
              
               
                 Gerardus
                 .
              
               
                 Godwyn
                 .
              
               
                 Goldsborough
                 .
              
               
                 Gothofred
                 .
              
               
                 Granat
                 .
                 Decis
                 .
              
               
                 Greg.
                 Gemist
                 .
              
               
                 Grotius
                 .
              
               
                 Herodotus
                 .
              
               
                 Hevedin
                 .
                 Rog.
                 Heved
                 .
              
               
                 Hieron
                 .
                 de
                 Chavez
                 .
              
               
                 Hobard
                 .
              
               
                 Homer
                 .
              
               
                 Horace
                 .
              
               
                 Huntindon
                 .
              
               
                 Jason
                 .
              
               
                 Isernia
                 .
              
               
                 Junius
                 .
              
               
                 Justinian
                 .
              
               
                 Larrea
                 .
              
               
                 Leonard
                 .
              
               
                 Leon.
                 Marsisc
                 .
              
               
                 Leunclavius
                 .
              
               
                 Libanius
                 .
              
               
                 Littleton
                 .
              
               
                 Livius
                 .
              
               
                 Lucius
                 Florus
                 .
              
               
                 Lupus
                 de
                 Magistr
                 .
              
               
                 Mainus
                 .
              
               
                 Maranta
                 .
              
               
                 Marsicius
                 .
              
               
                 Malmesburiensis
                 .
              
               
                 Math.
                 Paris
                 .
              
               
                 Masius
                 .
              
               
                 MS.
                 Admtis
                 .
                 voc
                 .
                 Liber
                 Niger
                 .
              
               
                 Monstrelatus
                 .
              
               
                 Morisotus
                 .
              
               
                 Moursius
                 .
              
               
                 Noy
                 .
              
               
                 Omphalius
                 .
              
               
                 
                 Oleron
                 Sea-Laws
                 .
              
               
                 Ortelius
                 .
              
               
                 Oswaldus
                 .
              
               
                 Owen
                 .
              
               
                 Panormitan
                 .
              
               
                 Papinianus
                 .
              
               
                 Paris
                 .
                 Math.
                 Paris
                 .
              
               
                 Paris
                 de
                 Puteo
                 .
              
               
                 Paulus
                 .
              
               
                 Paul.
                 Emil.
                 
              
               
                 Peregrinus
                 .
              
               
                 Perinus
                 .
              
               
                 Petr.
                 Cothereou
                 .
              
               
                 Plato
                 .
              
               
                 Plinie
                 .
              
               
                 Plutarch
                 .
              
               
                 Polybius
                 .
              
               
                 Pompeius
                 Trog
                 .
              
               
                 Pomponeus
                 .
              
               
                 Pruckman
                 .
                 Fred.
                 Pruck
                 .
              
               
                 Ptolimaeus
                 .
              
               
                 Purchas
                 .
              
               
                 Purpureus
                 .
              
               
                 Ramus
                 .
              
               
                 Ranulphus
                 Castrensis
                 .
              
               
                 Raphael
                 .
              
               
                 Rhodiae
                 Leges
                 .
              
               
                 Ridley
                 .
              
               
                 Rodorig
                 .
                 Zamerano
                 .
              
               
                 Rupertas
                 ,
                 aliàs
                 Robertus
                 le
                 Monachus
                 .
              
               
                 Sabellicus
                 .
              
               
                 Salycet
                 .
              
               
                 Scardius
                 .
              
               
                 Scaevola
                 .
              
               
                 Selden
                 .
              
               
                 Seneca
                 .
              
               
                 Siffridus
                 .
              
               
                 Sigebertus
                 .
              
               
                 Sigonius
                 .
              
               
                 Speculator
                 .
              
               
                 Spelm.
                 Consul
                 .
              
               
                 Spelm.
                 Glossar
                 .
              
               
                 Spiegelius
                 .
              
               
                 Strabo
                 .
              
               
                 Suetonius
                 .
              
               
                 Suidas
                 .
              
               
                 Tacitus
                 .
              
               
                 Tapia
                 .
              
               
                 Terms
                 of
                 Law.
                 
              
               
                 Theophanes
                 .
              
               
                 Thucidides
                 .
              
               
                 Tibullus
                 .
              
               
                 Triphoneus
                 .
              
               
                 Tullus
                 .
              
               
                 Turpinus
                 .
              
               
                 Tuschus
                 .
              
               
                 Valer.
                 Max.
                 
              
               
                 Valer.
                 Forster
                 .
              
               
                 Victor
                 .
              
               
                 Virgill
                 .
              
               
                 Vlpian
                 .
              
               
                 Vopischus
                 .
              
               
                 Zamerano
                 .
              
               
                 Zasius
                 .
              
               
                 Zonarus
                 .
              
            
          
           
             
             
             
               
                 THE
                 CONTENTS
                 OF
                 THIS
                 TREATISE
              
               .
               viz.
               
            
             
               
                 
                   CHAP.
                   I.
                   
                
                 ADmiral
                 ;
                 the
                 Etymon
                 or
                 true
                 Original
                 of
                 the
                 word
                 ;
                 with
                 the
                 various
                 Appellations
                 thereof
                 .
              
               
                 
                   CHAP.
                   II.
                   
                
                 The
                 Original
                 of
                 Navigation
                 ,
                 and
                 the
                 Sea-Laws
                 ;
                 with
                 the
                 Antiquity
                 of
                 the
                 Office
                 of
                 high
                 Admiral
                 in
                 the
                 Transmarine
                 or
                 Forraign
                 parts
                 of
                 the
                 world
                 .
              
               
                 
                   CHAP.
                   III.
                   
                
                 The
                 Antiquity
                 of
                 the
                 Maritime
                 Authority
                 ,
                 together
                 with
                 the
                 Office
                 and
                 Jurisdiction
                 
                 of
                 the
                 Admiralty
                 within
                 this
                 Kingdome
                 of
                 
                   Great
                   Brittain
                
                 .
              
               
                 
                   CHAP.
                   IV.
                   
                
                 Of
                 Persons
                 Maritime
                 ;
                 As
                 also
                 ,
                 of
                 such
                 Things
                 as
                 are
                 properly
                 Cognizable
                 within
                 the
                 Jurisdiction
                 of
                 the
                 Admiralty
                 of
                 England
                 ;
                 And
                 in
                 what
                 method
                 it
                 proceeds
                 to
                 Judgement
                 .
              
               
                 
                   CHAP.
                   V.
                   
                
                 Of
                 Laws
                 and
                 Jurisdictions
                 in
                 general
                 ;
                 with
                 the
                 several
                 kinds
                 and
                 degrees
                 thereof
                 .
              
               
                 
                   CHAP.
                   VI.
                   
                
                 Of
                 Prohibitions
                 ;
                 Their
                 several
                 kinds
                 ,
                 Causes
                 and
                 Effects
                 in
                 the
                 Law.
                 
              
               
                 
                   CHAP.
                   VII
                   .
                
                 Of
                 Fictions
                 ;
                 what
                 a
                 Fiction
                 in
                 Law
                 is
                 ;
                 how
                 farre
                 and
                 in
                 what
                 cases
                 Fictions
                 may
                 be
                 used
                 according
                 to
                 the
                 Rules
                 of
                 Law.
                 
              
               
                 
                 
                   CHAP.
                   VIII
                
                 .
              
               
                 That
                 the
                 Cognizance
                 of
                 all
                 Causes
                 and
                 Actions
                 arising
                 of
                 Contracts
                 made
                 ,
                 and
                 other
                 things
                 done
                 upon
                 the
                 Sea
                 ,
                 is
                 inherent
                 in
                 the
                 Jurisdiction
                 of
                 the
                 Admiralty
                 .
              
               
                 
                   CHAP.
                   IX
                   .
                
                 Of
                 Contracts
                 and
                 Bargains
                 made
                 ,
                 and
                 other
                 things
                 done
                 
                   Beyond
                   the
                   Seas
                
                 .
                 And
                 whether
                 the
                 Cognizance
                 thereof
                 doth
                 belong
                 to
                 the
                 Admiralty
                 .
              
               
                 
                   CHAP.
                   X.
                   
                
                 Of
                 Judicial
                 Recognizances
                 and
                 Stipulations
                 for
                 Appearance
                 ,
                 and
                 performance
                 of
                 the
                 Acts
                 ,
                 Orders
                 ,
                 Judgments
                 ,
                 and
                 Decrees
                 of
                 the
                 Court
                 of
                 Admiralty
                 ;
                 As
                 also
                 whether
                 the
                 said
                 high
                 Court
                 of
                 Admiralty
                 of
                 England
                 be
                 a
                 Court
                 of
                 Record
                 .
              
               
                 
                   CHAP.
                   XI
                   .
                
                 Of
                 Charter-parties
                 made
                 on
                 the
                 Land
                 ,
                 and
                 other
                 things
                 done
                 beneath
                 the
                 first
                 
                 Bridge
                 next
                 to
                 the
                 Sea
                 ;
                 
                   vel
                   infra
                   fluxum
                   &
                   refluxum
                   Maris
                
                 ;
                 and
                 how
                 far
                 these
                 may
                 be
                 said
                 to
                 be
                 Cognizable
                 in
                 the
                 Admiralty
                 .
              
               
                 
                   CHAP.
                   XII
                   .
                
                 Of
                 the
                 Jurisdiction
                 of
                 the
                 high
                 Admiralty
                 of
                 England
                 ,
                 Stat.
                 
                   13
                   R.
                   2.
                   cap.
                   5.
                
                 
                 Stat.
                 
                   15
                   R.
                   2.
                   cap.
                   3.
                
                 
                 Stat.
                 
                   2
                   H.
                   4.
                   cap.
                   11.
                
                 
                 &
                 Stat.
                 
                   27
                   Eliz.
                   cap.
                   11.
                
                 
              
               
                 
                   CHAP.
                   XIII
                   .
                
                 Of
                 the
                 Agreement
                 touching
                 the
                 Admiralty
                 in
                 
                   Anno
                   1575.
                
                 
                 As
                 also
                 of
                 the
                 Resolutions
                 
                   Hill.
                   8.
                   
                   Car.
                   1.
                
                 upon
                 the
                 Cases
                 of
                 Admiral
                 Jurisdiction
                 .
              
            
          
        
         
           
             
             A
             VIEW
             OF
             THE
             ADMIRAL
             JURISDICTION
             .
          
           
             
               CHAP.
               I.
               
            
             
               Admiral
               :
               
                 the
                 Etymon
                 or
                 true
                 Original
                 of
                 the
                 word
                 ;
                 with
                 the
                 various
                 Appellations
                 thereof
                 .
              
            
             
               THE
               Glossographists
               and
               others
               have
               digg'd
               very
               deep
               to
               come
               at
               the
               Root
               of
               this
               word
               ;
               Some
               are
               of
               opinion
               that
               the
               word
               Admiralius
               is
               derived
               from
               the
               Greek
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               Salsus
               ,
               or
               from
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               Salsugo
               ,
               or
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               Salsigo
               ,
               or
               from
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
                 quasi
                 Salmacidus
                 &
                 Salsus
                 ,
                 à
                 Salsugine
                 Elementi
                 cui
                 imperat
                 :
              
               a
               from
               the
               Saltness
               of
               that
               Element
               where
               properly
               his
               Authority
               and
               Jurisdiction
               doth
               reside
               ;
               b
               
                 vel
                 quod
                 in
                 salso
                 mari
                 suum
                 exercet
                 imperium
                 .
              
               But
               this
               
               not
               seasoned
               with
               sufficient
               reason
               ,
               is
               held
               but
               as
               an
               unsavoury
               derivation
               ,
               from
               the
               great
               improbability
               that
               any
               in
               imposing
               of
               Names
               should
               quit
               the
               thing
               it self
               ,
               wherein
               the
               Denominated
               is
               most
               inherent
               ,
               and
               flie
               only
               to
               the
               more
               remote
               qualities
               thereof
               ;
               As
               if
               you
               should
               say
               that
               the
               
                 Admiral
                 in
                 rebus
                 Maritin●s
              
               were
               rather
               Salinarius
               then
               Marinarius
               ,
               as
               is
               truly
               observed
               by
               the
               Learned
               Sir
               
                 Henry
                 Spelman
              
               .
               c
               So
               that
               if
               you
               offer
               this
               Derivation
               ,
               though
               
                 cum
                 grano
                 vel
                 mica
                 Salis
              
               ,
               it
               will
               not
               pass
               .
            
             
               Therefore
               others
               are
               of
               opinion
               that
               it
               is
               derived
               from
               the
               
                 French
                 [
                 Ameral
              
               ]
               signifying
               an
               high
               Officer
               or
               Magistrate
               in
               Sea-affairs
               ;
               But
               this
               is
               as
               if
               you
               should
               say
               ,
               
                 (
                 to
                 keep
                 to
                 the
                 Metaphor
                 of
                 a
                 Liquid
                 Element
                 )
              
               That
               Ice
               dissolved
               is
               the
               Mother
               of
               Water
               ,
               rather
               then
               Water
               frozen
               the
               Mother
               of
               Ice
               ;
               No
               doubt
               but
               
                 [
                 Ameral
              
               ]
               in
               French
               now
               signifies
               such
               an
               high
               Officer
               or
               Magistrate
               ;
               but
               where
               was
               that
               French
               word
               
                 [
                 Ameral
              
               ]
               when
               the
               Office
               of
               Admiral
               ,
               by
               other
               Appellations
               almost
               homophonous
               to
               that
               ,
               was
               in
               being
               ,
               but
               not
               in
               France
               ?
               That
               Office
               by
               other
               Names
               Appellative
               not
               much
               dissonant
               to
               this
               of
               Admiral
               was
               anciently
               known
               in
               the
               world
               ,
               when
               no
               such
               thing
               in
               France
               ;
               for
               the
               Romans
               themselves
               anciently
               had
               not
               these
               Admirales
               (
               for
               so
               then
               called
               )
               till
               Constantine
               ,
               in
               whose
               time
               
                 isti
                 Admirales
                 Magistratus
                 creati
                 sunt
              
               ;
               d
               that
               is
               ,
               among
               the
               Romans
               ;
               for
               they
               were
               known
               to
               other
               parts
               of
               the
               world
               long
               before
               Constantine
               
               the
               
                 Great
                 ,
                 Anno
              
               330.
               
               So
               that
               it
               may
               be
               truly
               said
               that
               this
               high
               Officer
               or
               Magistrate
               in
               Sea-affairs
               is
               in
               the
               French
               now
               rendred
               by
               the
               word
               
                 [
                 Ameral
                 ;
              
               ]
               But
               not
               that
               the
               word
               Admiral
               is
               thence
               derived
               .
            
             
               Therefore
               others
               conceive
               it
               is
               derived
               from
               the
               
                 Saxon
                 Aen
                 Mere
                 eal
              
               ,
               that
               is
               ,
               
                 over
                 all
                 the
                 Sea.
              
               This
               passes
               for
               a
               currant
               derivation
               and
               exposition
               of
               the
               word
               Admiral
               with
               us
               ;
               possibly
               because
               it
               sounds
               both
               so
               prettily
               and
               pithily
               ;
               for
               we
               are
               now
               as
               apt
               as
               our
               Neighbours
               t'other
               side
               the
               water
               to
               be
               alamoded
               as
               well
               with
               fine
               words
               as
               other
               vanities
               .
               Yet
               this
               being
               a
               derivation
               of
               our
               own
               Generation
               ,
               it
               may
               not
               be
               much
               controverted
               ,
               specially
               for
               that
               others
               as
               well
               as
               those
               of
               our
               own
               Nation
               ,
               have
               acknowledged
               the
               word
               Admiral
               to
               be
               derived
               from
               the
               Saxons
               ,
               with
               whom
               the
               word
               
                 [
                 Hadmiral
              
               ]
               doth
               signifie
               
                 Praefectum
                 maris
              
               .
            
             
               Others
               there
               are
               who
               will
               have
               it
               derived
               from
               neither
               of
               these
               ,
               but
               from
               the
               
                 Sarazens
                 ,
                 [
                 Admirantes
              
               ]
               for
               that
               in
               the
               Infancy
               of
               that
               Empire
               there
               were
               
                 Quatuor
                 Admirantes
                 ,
                 hoc
                 est
                 ,
                 Militum
                 Praefecti
                 ,
                 qui
                 terra
                 marique
                 pugnarent
                 .
              
               e
               But
               some
               think
               that
               this
               opinion
               hath
               no
               farther
               truth
               then
               in
               appearance
               only
               ;
               for
               that
               the
               Sarazens
               had
               no
               farther
               use
               of
               that
               office
               then
               in
               the
               
                 Holy
                 Wars
              
               .
               Therefore
               those
               Ancients
               that
               derive
               the
               word
               much
               higher
               then
               the
               time
               of
               the
               
                 Holy
                 Wars
              
               ,
               will
               have
               it
               dr●wn
               rather
               from
               the
               Greek
               then
               Arabick
               ;
               So
               that
               they
               seem
               to
               come
               nighest
               of
               any
               to
               the
               truth
               ,
               
               that
               derive
               the
               Pedegree
               of
               this
               word
               Admiral
               both
               from
               the
               Greek
               and
               Arabick
               .
            
             
               For
               that
               Amir
               in
               the
               Arabick
               signifies
               
                 Princeps
                 ,
                 Praefectus
              
               ;
               And
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               in
               the
               
                 Greek
                 Marinus
              
               ,
               both
               which
               amount
               to
               Admiralius
               ,
               or
               rather
               to
               
                 Amiralius
                 ,
                 quasi
                 Princeps
                 vel
                 Praefectus
              
               
               Marinus
               .
               And
               this
               carries
               the
               greater
               probability
               with
               it
               ,
               for
               that
               ,
               as
               the
               said
               Sir
               
                 Henry
                 Spelman
              
               observes
               ,
               such
               bilingue
               Compounds
               were
               much
               in
               request
               at
               the
               Court
               of
               the
               Eastern
               Empire
               ;
               And
               it
               seems
               
               yet
               the
               more
               probable
               ,
               for
               that
               in
               Homer
               we
               find
               the
               word
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
                 pro
                 Rectore
                 maris
              
               ,
               or
               Governour
               of
               the
               Sea
               ;
               yea
               ,
               and
               for
               Neptune
               himselfe
               .
               Wherefore
               Amir
               ,
               otherwise
               Emir
               ,
               also
               
                 Amira
                 ,
                 Amirae
                 ,
                 Amiras
              
               ,
               and
               Amiradis
               ,
               do
               signifie
               
                 Regem
                 ,
                 Principem
                 ,
                 Eparchum
              
               ,
               and
               Praefectum
               ;
               also
               with
               the
               Turks
               and
               Sarazens
               ,
               it
               sometimes
               signifies
               their
               
                 Great
                 Emperours
              
               ,
               and
               sometimes
               their
               Proto-symbol
               or
               President
               of
               the
               Senate
               .
               And
               so
               the
               
                 Arabick
                 [
                 Amira
              
               ]
               or
               the
               
                 Hebrew
                 [
                 Amar
              
               ]
               that
               is
               ,
               
                 dixit
                 ,
                 edixit
                 :
                 illud
                 praecepit
                 ,
                 imperavit
              
               ;
               from
               whence
               
                 [
                 Mamurem
              
               ]
               that
               is
               ,
               
                 praeceptum
                 ,
                 edictum
              
               ;
               And
               
                 [
                 Amirom
              
               ]
               that
               is
               ,
               
                 Dux
                 ,
                 Capitaneus
                 ,
                 Imperator
                 ,
                 Praefectus
                 .
              
               And
               so
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               or
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               in
               the
               Compound
               ;
               from
               whence
               
               
                 [
                 Alamiro
              
               ]
               (
               with
               the
               Article
               al
               )
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               the
               chief
               Captain
               .
               And
               from
               hence
               the
               
                 Spanish
                 [
                 Almirante
              
               ]
               or
               according
               to
               their
               ideom
               ,
               
                 el
                 Amirante
              
               ,
               and
               thence
               by
               turning
               l
               into
               d
               the
               word
               Admirans
               by
               some
               hath
               been
               used
               for
               Admiral
               ;
               whence
               others
               also
               ,
               though
               very
               corruptly
               ,
               yet
               by
               reason
               of
               their
               being
               so
               Consonant
               ,
               have
               given
               it
               other
               such
               like
               names
               ,
               as
               Admirabilis
               and
               Admirandus
               ;
               which
               words
               ,
               if
               compared
               with
               the
               former
               ,
               will
               ,
               in
               the
               sense
               of
               such
               as
               have
               so
               express'd
               themselves
               ,
               be
               found
               to
               be
               rather
               Syncatagorematical
               in
               their
               Signification
               ,
               then
               Homophonous
               in
               their
               Accent
               or
               Pronunciation
               :
               And
               therefore
               the
               said
               Archiologist
               conceives
               that
               the
               word
               
                 [
                 Amiratus
              
               ]
               (
               which
               in
               Malmsb.
               is
               so
               often
               used
               for
               Admiral
               )
               is
               not
               thence
               derived
               ,
               but
               rather
               from
               
                 [
                 Amiradis
              
               ]
               the
               Genitive
               singular
               of
               the
               foresaid
               Amiras
               ,
               by
               an
               exchange
               of
               d
               for
               t
               ,
               as
               was
               usual
               ;
               and
               adds
               ,
               that
               the
               word
               
                 [
                 Admiraldus
              
               ]
               is
               very
               Legible
               in
               the
               Antiquities
               of
               Turpin
               and
               Rupert
               or
               Robert
               the
               Monk
               f
               
                 quasi
                 Al
                 Amiradus
              
               ,
               that
               is
               ,
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               and
               by
               an
               Apocope
               of
               the
               letter
               
                 d
                 Admiral
                 '
              
               g
               which
               others
               will
               have
               to
               be
               express'd
               by
               the
               word
               Admirarius
               .
               h
            
             
               This
               high
               Officer
               or
               chief
               Magistrate
               in
               Marine
               affairs
               with
               us
               is
               styled
               the
               Lord
               high
               Admiral
               of
               England
               ;
               with
               the
               
               Greeks
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ;
               with
               the
               
                 Latines
                 ,
                 Amira
              
               ,
               
               
                 Amiras
                 ,
                 Amireus
                 ,
                 Ammiratus
                 ,
                 Admirallus
                 ,
                 Admiralis
                 ,
                 Admirans
                 ,
                 Admirandus
                 ,
                 Admirabilis
                 ,
                 Admiravisi
                 ,
                 Almiramisi
                 ,
                 Admiralius
                 ,
                 Amiralius
                 .
              
               In
               the
               Eastern
               Empire
               ,
               
                 Amerii
                 ,
                 Admirantes
              
               ;
               also
               
                 Drungarius
                 ,
                 Drungarius
                 Magnus
                 ,
                 Drungarius
                 Classis
                 ,
              
               
               
                 Drungarius
                 Navigiorum
                 ,
                 Drungarius
                 mari
                 Praefectus
                 .
              
               
               With
               the
               Athenians
               and
               others
               ,
               
                 Thalassiarchus
                 ,
                 Archithalassus
                 ,
                 Magistratus
                 rei
                 Nauticae
                 Jurisdictionem
                 habens
                 .
              
               With
               the
               Romans
               there
               were
               Duum
               
               
                 viri
                 Navales
              
               ,
               afterwards
               
                 Praefectus
                 maris
                 ,
                 Praefectus
                 Classis
              
               ,
               
               
                 Magnus
                 Dux
                 Classis
                 ,
                 Archigubernius
              
               .
               With
               the
               
                 Spaniard
                 Almirante
                 ,
                 el
                 Amirante
                 ,
                 Adelantado
                 .
              
               With
               the
               
                 French
                 ,
                 L'
                 Ameral
                 ,
                 Praefectus
                 maris
                 &
                 Litoris
                 ,
                 Custos
                 Limitis
                 Maritimi
                 ,
                 Comes
                 Litoris
                 .
              
               Besides
               these
               there
               are
               several
               other
               Appellations
               of
               this
               one
               and
               self-same
               high
               Officer
               ,
               consonant
               unto
               the
               Ideom
               of
               such
               Nations
               and
               Countries
               respectively
               ,
               where
               this
               great
               Office
               hath
               been
               constituted
               .
            
             
               This
               word
               Admirallius
               ,
               how
               it
               should
               signifie
               Bellicosus
               or
               Victoriosus
               ,
               as
               
                 Mat.
                 Paris
              
               
               hints
               ,
               i
               seems
               not
               easily
               to
               be
               resolved
               without
               a
               far
               strained
               Notion
               ;
               for
               ,
               without
               doubt
               ,
               of
               all
               the
               presupposed
               Etymons
               of
               that
               word
               ,
               that
               which
               Junius
               gives
               ,
               seems
               to
               be
               the
               most
               Legitimate
               ,
               that
               from
               the
               
                 Arabick
                 [
                 Amira
                 ]
                 Princeps
              
               ,
               and
               the
               Greek
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               Marinus
               ;
               it
               
               being
               generally
               agreed
               that
               this
               word
               is
               a
               Compound
               of
               an
               Exotick
               Extraction
               from
               two
               
               distinct
               Languages
               or
               Tongues
               ;
               And
               therefore
               although
               Gretserus
               k
               be
               pleas'd
               to
               be
               displeas'd
               with
               this
               derivation
               thereof
               ,
               yet
               it
               is
               supposed
               that
               others
               without
               the
               least
               hazard
               of
               Naufragating
               their
               Art
               of
               Glossographie
               ,
               may
               securely
               cast
               Anchor
               and
               safely
               acquiesce
               therein
               .
            
          
           
             
               CHAP.
               II.
               
            
             
               
                 The
                 Original
                 of
                 Navigation
                 ,
                 and
                 the
                 Sea-Laws
                 ;
                 with
                 the
                 Antiquity
                 of
                 the
                 Office
                 of
              
               Admiral
               
                 in
                 the
                 Transmarine
                 or
                 Foraign
                 parts
                 of
                 the
                 World.
                 
              
            
             
               THE
               World
               was
               no
               sooner
               Created
               ,
               but
               Man
               had
               Dominion
               over
               the
               Fish
               of
               the
               Sea
               
                 Jure
                 Divino
              
               ,
               which
               could
               not
               well
               be
               
               without
               Naval
               Architecture
               ,
               and
               some
               skill
               in
               the
               Art
               of
               Navigation
               ;
               And
               it
               is
               now
               no
               less
               then
               nigh
               3952
               years
               since
               Noah
               ,
               
               that
               
                 Totius
                 orbis
                 Thalassiarchus
              
               ,
               or
               high
               Admiral
               of
               the
               whole
               world
               in
               that
               general
               Cataclysme
               ,
               with
               his
               ship
               ,
               or
               vessel
               called
               the
               
                 Ark
                 of
                 Gopher
              
               ,
               laden
               with
               a
               Cargo
               of
               
               the
               whole
               Vniverse
               ,
               after
               a
               nigh
               six
               moneths
               Voiage
               safely
               arrived
               at
               Ararat
               ,
               his
               Port
               of
               Discharge
               in
               Armenia
               ;
               which
               though
               re-peopled
               by
               his
               Progeny
               ,
               yet
               thence
               to
               believe
               and
               affirm
               ,
               a
               That
               by
               Naval
               Acquisitions
               his
               son
               Sem
               proprietated
               all
               Asia
               ,
               his
               son
               Japhet
               all
               Europe
               ,
               and
               his
               son
               C
               ham
               all
               Africa
               ,
               is
               more
               then
               a
               meer
               Historical
               Faith
               hath
               sufficient
               warrant
               for
               ,
               though
               less
               then
               Navigation
               hath
               Antiquity
               to
               possibilitate
               .
            
             
               Whether
               Jupiter
               King
               of
               Crete
               ,
               now
               the
               Isle
               of
               Candie
               ,
               did
               purge
               the
               Seas
               of
               Pirats
               ,
               and
               his
               son
               Minos
               by
               Sea-fights
               beat
               the
               Athenians
               into
               Tributaries
               ,
               is
               also
               a
               question
               more
               ancient
               then
               certain
               ,
               or
               easie
               to
               be
               resolved
               ;
               b
               yet
               that
               Theseus
               son
               of
               Aegeus
               ,
               King
               of
               Athens
               ,
               vanquished
               Taurus
               then
               
                 high
                 Admiral
              
               to
               Minos
               ,
               is
               asserted
               by
               good
               Authority
               ,
               c
               and
               drowned
               him
               in
               the
               Sea
               ,
               
                 hinc
                 Fabula
                 Minotauri
              
               .
               d
               But
               the
               Master
               or
               Steersman
               of
               Theseus
               his
               ship
               ,
               not
               remembring
               to
               advance
               or
               display
               the
               
                 White
                 Eagle
              
               as
               the
               Ensign
               of
               Victory
               at
               his
               approach
               on
               his
               Arrival
               to
               Crete
               ,
               his
               Father
               Aegeus
               betwixt
               fear
               and
               fury
               cast
               himself
               headlong
               into
               the
               Sea
               ,
               which
               gives
               it
               the
               name
               of
               the
               Aegean
               Sea
               in
               the
               Archipelago
               to
               this
               day
               .
               In
               those
               days
               lived
               Daedalus
               ,
               who
               to
               avoid
               the
               Tyranny
               of
               Minos
               
               fled
               ,
               from
               Crete
               into
               Sicily
               ,
               but
               the
               wings
               wherewith
               he
               is
               feigned
               to
               have
               fled
               ,
               the
               more
               modest
               Mythologists
               expound
               to
               be
               only
               the
               Sails
               of
               his
               ship
               .
               e
               Some
               are
               of
               opinion
               that
               former
               Ages
               were
               ignorant
               of
               this
               Art
               of
               Navigation
               ,
               for
               that
               they
               ingraved
               
                 Non
                 ultra
              
               upon
               Hercules
               Pillars
               :
               The
               Nations
               about
               Pontus
               supposing
               no
               Sea
               in
               the
               world
               like
               their
               own
               ,
               and
               doubting
               whether
               there
               were
               any
               other
               Sea
               then
               that
               only
               ;
               whence
               Pontus
               became
               a
               word
               used
               for
               the
               Sea
               in
               general
               ;
               though
               Prometheus
               according
               to
               Aeschilus
               the
               Attick
               Poet
               doth
               challenge
               all
               the
               glory
               of
               this
               Art
               of
               Navigation
               to
               himself
               ;
               whom
               ,
               among
               others
               who
               boasted
               themselves
               as
               
               Authours
               of
               this
               Art
               ,
               the
               Rhodians
               envying
               ,
               presumed
               to
               give
               Laws
               ,
               and
               to
               prescribe
               the
               Rules
               of
               
                 Naval
                 Discipline
              
               ,
               in
               order
               to
               the
               better
               government
               of
               Maritime
               affairs
               ,
               f
               which
               were
               now
               occasionally
               introduced
               into
               the
               world
               by
               this
               Art
               of
               Navigation
               ;
               which
               Laws
               are
               found
               dispersed
               among
               the
               several
               Titles
               of
               the
               
                 Civil
                 Law
              
               by
               command
               from
               the
               Emperour
               Justinian
               .
            
             
               This
               Island
               of
               Rhodes
               in
               the
               Mediterranean
               or
               Carpathian
               Sea
               ,
               was
               by
               reason
               of
               the
               multitude
               of
               their
               shipping
               and
               great
               commerce
               ,
               g
               no
               less
               famous
               for
               their
               Sea-Laws
               ,
               then
               for
               their
               Monstrous
               Colossus
               ;
               The
               one
               was
               no
               less
               the
               Wonder
               of
               Reason
               in
               the
               infancy
               of
               Trade
               ,
               then
               the
               other
               of
               Art
               ,
               though
               That
               the
               greatest
               of
               the
               Seven
               
               in
               all
               the
               world
               ;
               This
               appears
               by
               that
               memorable
               and
               known
               passage
               of
               the
               Emperour
               
                 Antoninus
                 Pius
              
               ,
               who
               in
               Answer
               unto
               Eudemon's
               complaint
               concerning
               the
               seizure
               of
               his
               ship-broken
               goods
               by
               the
               Customers
               of
               the
               Cyclides
               in
               the
               Archipelago
               ,
               referres
               him
               for
               Justice
               to
               the
               Rhodean
               Laws
               ,
               professing
               that
               although
               he
               were
               Lord
               of
               the
               World
               ,
               yet
               the
               Law
               was
               of
               the
               Sea.
               h
               To
               which
               Rhodian
               Law
               several
               other
               Emperours
               ,
               as
               
                 Tiberias
                 ,
                 Hadrian
                 ,
                 Vespatian
                 ,
                 Trajan
                 ,
                 Lucius
                 Septimius
                 ,
                 Severus
              
               and
               others
               do
               referre
               all
               Maritime
               Controversies
               ;
               i
               yea
               ,
               for
               many
               hundred
               of
               years
               the
               Mediterranean
               and
               most
               parts
               of
               the
               Christian
               Ocean
               ,
               where
               any
               Trassick
               or
               Commerce
               was
               ,
               subscribed
               to
               the
               Law
               of
               Rhodes
               in
               the
               Decision
               of
               all
               matters
               of
               
                 Admiral
                 Cognizance
              
               .
            
             
               But
               some
               there
               are
               who
               by
               no
               means
               will
               admit
               that
               the
               Rhodians
               should
               thus
               Monopolize
               the
               glory
               of
               advancing
               the
               Common
               Interest
               of
               Mankind
               ,
               as
               if
               the
               Law
               of
               the
               Sea
               was
               born
               into
               the
               world
               only
               by
               their
               Obstetricy
               ;
               and
               therefore
               will
               have
               the
               Origination
               of
               the
               Sea-Laws
               attributed
               to
               the
               Phaenicians
               ;
               who
               as
               they
               are
               by
               some
               accounted
               the
               Authors
               of
               Arithmetick
               and
               Astronomie
               ,
               so
               also
               of
               Navigation
               ;
               whence
               is
               that
               ,
               
                 Prima
                 ratem
                 ventis
                 credre
                 docta
              
               
               Tyrus
               .
               They
               were
               the
               First
               that
               took
               the
               observation
               of
               the
               North-starre
               in
               supplement
               of
               that
               Navall
               mystery
               .
               These
               Phaenicians
               ,
               who
               came
               with
               Cadmus
               into
               Greece
               ,
               
               as
               they
               Civilized
               ,
               the
               Graecians
               by
               their
               Sciences
               and
               other
               Literature
               ,
               l
               so
               they
               exceedingly
               debauch'd
               them
               by
               their
               Luxurie
               ,
               and
               insatiable
               avarice
               ,
               which
               together
               with
               their
               Wares
               and
               Merchandise
               they
               first
               imported
               into
               Greece
               .
               m
               These
               were
               they
               that
               transported
               Io
               (
               whence
               the
               Ionean
               Sea
               is
               so
               called
               )
               out
               of
               Greece
               into
               Aegypt
               ;
               and
               were
               the
               First
               that
               descryed
               the
               
                 Two
                 Poles
              
               .
               n
               This
               Phoenicia
               is
               the
               Sea-Coast
               of
               Syria
               ,
               o
               The
               Greeks
               call
               this
               Sea-Coast
               Phoenicia
               ,
               but
               the
               Hebrews
               call
               it
               Chanaan
               ,
               and
               the
               Inhabitants
               Chananites
               .
               p
               Dionysius
               also
               is
               of
               opinion
               that
               the
               Phoenicians
               were
               the
               First
               
                 Mariners
                 ,
                 Merchants
              
               ,
               and
               Astronomers
               ,
               q
               and
               Tyrus
               the
               
                 Maritine
                 Metropolis
              
               thereof
               ;
               whose
               Trade
               and
               Commerce
               was
               so
               great
               and
               remarkable
               in
               that
               Aera
               from
               Adam
               ,
               and
               consequently
               her
               Pride
               and
               Luxurie
               ,
               that
               Less
               then
               Two
               whole
               Chapters
               of
               the
               
                 Sacred
                 Record
              
               will
               not
               suffice
               
               to
               describe
               the
               vastness
               of
               the
               one
               ,
               and
               the
               Judgments
               of
               the
               other
               .
               This
               City
               Tyrus
               is
               there
               styled
               a
               Merchant
               ;
               All
               whose
               
               Ships
               were
               made
               of
               Firre
               ,
               their
               Masts
               of
               Cedar
               ,
               their
               Oares
               of
               Bashan
               Oke
               ,
               the
               Hatches
               of
               Ivory
               ,
               the
               Wast
               clothes
               ,
               Vanes
               ,
               Flaggs
               ,
               and
               Pendants
               of
               Purple
               and
               Scarlet
               ,
               the
               common
               Mariners
               were
               the
               Zidoneans
               
               and
               Inhabitants
               of
               Arvad
               ,
               their
               Calkers
               were
               the
               Ancients
               of
               Geball
               ,
               and
               their
               Steers-men
               or
               Pilots
               where
               the
               wise
               men
               of
               Tyrus
               .
            
             
               To
               these
               may
               be
               added
               the
               Inhabitants
               of
               
               Caria
               in
               
                 Asia
                 Minor
              
               ,
               for
               it
               is
               upon
               good
               Records
               of
               History
               that
               these
               also
               were
               anciently
               reputed
               Lords
               of
               the
               Sea
               ;
               as
               also
               the
               Inhabitants
               of
               Corinth
               ;
               Likewise
               the
               people
               of
               Aegina
               ,
               one
               of
               the
               Isles
               of
               the
               Cyclades
               and
               of
               Aegypt
               ;
               All
               these
               respectively
               have
               challenged
               to
               themselves
               this
               honourable
               invention
               of
               the
               Art
               of
               Navigation
               .
               r
               But
               the
               First
               that
               invented
               Ships
               on
               the
               Red
               Sea
               &
               sailed
               thereon
               ,
               is
               said
               to
               be
               King
               Erythrus
               ,
               whence
               the
               Red
               Sea
               took
               its
               name
               of
               
                 Erythreum
                 Mare
              
               .
               s
            
             
               There
               are
               others
               who
               ascribe
               this
               Art
               of
               Navigation
               to
               the
               Carthaginians
               ;
               t
               This
               seems
               to
               have
               more
               then
               
                 fumum
                 probationis
              
               in
               it
               ;
               for
               that
               these
               Poeni
               or
               Carthaginians
               originally
               were
               Phoeni
               or
               Phoenicians
               ,
               u
               it
               is
               most
               undeniable
               that
               their
               Naval
               Discoveries
               attempted
               by
               Hanno
               ,
               w
               by
               Hamilco
               ,
               and
               other
               Carthaginians
               are
               no
               less
               famous
               upon
               Historical
               Record
               ,
               x
               then
               their
               Three
               great
               though
               unfortunate
               
                 Bella
                 Punica
                 Maritima
              
               ,
               when
               Hannibal
               himself
               was
               Lord
               high
               Admiral
               ,
               which
               began
               in
               the
               158
               Olympiad
               ,
               and
               concluded
               with
               the
               sad
               Catastrophe
               of
               that
               famous
               City
               of
               Carthage
               ,
               then
               700
               years
               old
               ,
               in
               the
               last
               year
               of
               the
               158
               Olympiad
               ,
               y
               whereby
               Rome
               by
               her
               Conquests
               lost
               the
               glory
               of
               a
               Competitor
               for
               the
               worlds
               Empire
               .
            
             
               Now
               when
               the
               Roman
               Empire
               (
               which
               is
               so
               commonly
               mistaken
               for
               the
               Beast
               with
               ten
               horns
               ,
               mentioned
               in
               the
               Prophet
               Daniel
               ,
               
               with
               Teeth
               of
               Iron
               ,
               and
               Nails
               of
               Brass
               ;
               which
               
               in
               truth
               is
               meant
               of
               the
               Syrian
               Monarchy
               under
               the
               Seleucidae
               ,
               so
               called
               from
               Seleucus
               
               Nicanor
               )
               was
               shattered
               and
               dilacerated
               ,
               whereby
               a
               very
               dark
               and
               dismal
               Eclipse
               ensued
               generally
               on
               all
               Laws
               ,
               Necessity
               then
               ,
               which
               hath
               no
               Law
               ,
               occasioned
               new
               Laws
               ,
               and
               bad
               manners
               at
               Sea
               begat
               good
               Laws
               on
               Land
               ,
               yet
               not
               so
               much
               a
               Creation
               of
               new
               Laws
               that
               never
               were
               before
               ,
               as
               a
               Reviver
               or
               Resurrection
               of
               the
               former
               out
               of
               the
               Cinders
               of
               that
               fallen
               Empire
               ,
               together
               with
               such
               Additionals
               as
               Time
               ,
               Experience
               ,
               and
               Negotiations
               had
               administred
               occasion
               for
               ,
               especially
               to
               such
               parts
               of
               the
               world
               as
               by
               their
               Neighbourhood
               to
               the
               Sea
               were
               most
               conversant
               in
               Naval
               Expeditions
               and
               Maritime
               affairs
               .
               Hence
               it
               is
               ,
               that
               in
               supplement
               of
               the
               forementioned
               Sea-Laws
               all
               the
               chief
               Towns
               of
               Commerce
               and
               Traffick
               on
               the
               Mediterranean
               contributed
               special
               Sea-Constitutions
               and
               Ordinances
               of
               
               their
               own
               for
               the
               better
               regulation
               of
               all
               Maritime
               Occurrencies
               ;
               Such
               were
               the
               Sea-Laws
               published
               by
               divers
               Emperours
               of
               Rome
               ,
               also
               by
               the
               Inhabitants
               of
               Pisa
               ,
               by
               the
               Genuises
               ,
               by
               those
               of
               Messene
               in
               Peliponesus
               ,
               of
               
                 Marselleis
                 ,
                 Venice
                 ,
                 Constantinople
                 ,
                 Arragon
                 ,
              
               by
               the
               
                 Massilites
                 ,
                 Barcelonians
              
               and
               others
               .
               z
               As
               also
               the
               Laws
               ,
               of
               Oleron
               ,
               nigh
               500
               years
               now
               Received
               by
               most
               of
               the
               Christian
               world
               ,
               specially
               the
               Mediterranean
               ,
               as
               the
               Legal
               Standard
               of
               all
               Naval
               Discipline
               ,
               and
               for
               Decision
               of
               all
               Maritime
               Controversies
               ;
               For
               the
               Rhodian
               
               Laws
               being
               grown
               somewhat
               Superannuated
               and
               obsolete
               ,
               these
               Laws
               of
               Oleron
               succeeded
               the
               other
               ,
               and
               were
               published
               in
               that
               Isle
               ,
               then
               belonging
               to
               the
               Dutchy
               of
               Aquitane
               ,
               by
               King
               Richard
               the
               First
               ,
               at
               his
               Return
               from
               the
               
                 Holy
                 Land
              
               in
               the
               Fifth
               year
               of
               his
               Reign
               ,
               the
               said
               Isle
               at
               that
               time
               being
               under
               the
               Dominion
               of
               the
               Kings
               of
               England
               .
            
             
               As
               to
               the
               Original
               of
               the
               Soveraign
               Command
               at
               Sea
               in
               the
               Infancy
               of
               Time
               (
               though
               very
               uncertain
               )
               yet
               divers
               Nations
               ,
               among
               which
               chiefly
               the
               
                 Assyrians
                 ,
                 Macedonians
                 ,
                 Persians
                 ,
                 Egyptians
                 ,
                 Romans
              
               &
               Carthaginians
               have
               ascribed
               it
               to
               themselves
               ;
               But
               the
               Greeks
               confidently
               assert
               ,
               that
               Minos
               King
               of
               Crete
               had
               the
               first
               Soveraign
               Empire
               over
               the
               Sea
               ,
               and
               thence
               would
               fain
               have
               it
               over
               our
               Faith
               also
               ,
               as
               if
               Saturn
               King
               of
               Crete
               ,
               seeing
               his
               son
               Neptune
               to
               have
               invented
               the
               Art
               of
               Navigation
               ,
               gave
               him
               the
               Command
               of
               his
               Navies
               at
               Sea
               ,
               which
               he
               managed
               with
               such
               success
               ,
               that
               after-Ages
               sacrificed
               to
               him
               as
               to
               a
               God
               of
               the
               Sea
               ;
               So
               that
               Minos
               being
               descended
               of
               Saturn
               by
               his
               son
               Jupiter
               ,
               having
               afterwards
               obtained
               the
               Superintendency
               and
               Guard
               of
               the
               Seas
               ,
               left
               it
               to
               his
               Successours
               .
               Notwithstanding
               which
               ,
               the
               
                 Syrians
                 ,
                 Egyptians
                 ,
                 Cyprians
                 ,
                 Rhodians
                 ,
              
               but
               specially
               the
               Phoenicians
               have
               in
               all
               former
               Ages
               had
               the
               honour
               of
               being
               reputed
               the
               most
               valiant
               and
               expert
               Artists
               at
               Sea
               in
               Maritime
               affairs
               ,
               and
               that
               from
               the
               excellent
               Conduct
               and
               Government
               
               of
               their
               Navies
               beyond
               all
               other
               Nations
               and
               Countries
               whatsoever
               .
               But
               the
               Corinthians
               are
               supposed
               to
               be
               the
               first
               that
               ever
               formed
               or
               modelled
               Navies
               at
               Sea
               in
               a
               Classical
               way
               .
               a
            
             
               The
               Athenians
               had
               two
               chief
               Magistrates
               for
               the
               Maritime
               affairs
               ;
               The
               one
               was
               to
               provide
               such
               a
               number
               of
               ships
               for
               this
               or
               that
               design
               ,
               each
               Captain
               having
               in
               charge
               to
               see
               to
               the
               Equipping
               of
               his
               own
               vessel
               .
               These
               Captains
               they
               called
               Trierarchy
               .
               The
               other
               had
               power
               of
               setting
               them
               to
               Sea
               ,
               and
               of
               ordering
               them
               home
               again
               at
               his
               pleasure
               ,
               whom
               they
               called
               
                 Magistratus
                 rei
                 Nauticae
                 Iurisdictionem
                 habens
                 ,
                 qui
                 Trierarchis
                 jura
                 reddebat
                 ,
              
               and
               ordered
               the
               several
               Squadrons
               to
               such
               or
               such
               stations
               and
               places
               of
               Rendezvous
               ,
               and
               discharged
               them
               as
               he
               thought
               fit
               .
               This
               was
               That
               Thalassiarchus
               ,
               or
               Admiral
               of
               the
               Athenians
               ,
               b
               who
               sometimes
               had
               more
               Admiral
               's
               then
               one
               at
               once
               ,
               as
               Niceas
               and
               Demosthenes
               ;
               at
               other
               times
               but
               one
               only
               ,
               as
               
                 Alcibiades
                 ,
                 Pericles
                 ,
                 Simon
              
               and
               others
               .
               Likewise
               under
               Alexander
               the
               Great
               and
               his
               Successours
               ,
               Kings
               of
               Syria
               and
               Egypt
               ,
               there
               were
               divers
               Admirals
               ,
               whereof
               some
               were
               Grecians
               ;
               others
               of
               other
               Countries
               ,
               such
               were
               
                 Nearchus
                 ,
                 Onesicratu●
                 ,
                 Beton
                 ,
                 Diognot
              
               and
               others
               ;
               As
               also
               Patroclus
               ,
               under
               Nicanor
               and
               Seleucus
               of
               the
               Syrian
               Monarchy
               ;
               But
               most
               Memorable
               is
               that
               Commission
               which
               was
               by
               
                 Ptolomeus
                 Philadelphus
              
               given
               to
               Decearchus
               ,
               as
               if
               he
               had
               been
               to
               take
               an
               exact
               
               measure
               of
               the
               Circumfercnce
               of
               the
               whole
               world
               by
               a
               Line
               of
               Navigation
               .
            
             
               Among
               the
               Phoenicians
               ,
               the
               Tyrians
               and
               Zidonians
               were
               the
               most
               eminent
               in
               all
               Maritime
               affairs
               ,
               as
               was
               formerly
               hinted
               .
               These
               not
               only
               transported
               from
               place
               to
               place
               varieties
               of
               Merchandizes
               till
               then
               unknown
               to
               other
               parts
               of
               the
               world
               ,
               but
               also
               made
               divers
               new
               Discoveries
               ,
               and
               planted
               Colonies
               therein
               ,
               as
               at
               
                 Vtick
                 ,
                 Hippone
              
               ,
               and
               Lepte
               in
               Africa
               ;
               at
               Thebes
               in
               Greece
               and
               Egypt
               ;
               and
               at
               Gades
               and
               Carthage
               ,
               that
               Carthage
               which
               is
               in
               Spain
               ;
               But
               of
               all
               Africk
               ,
               the
               other
               Carthage
               ,
               once
               Lord
               of
               the
               Levant
               ,
               the
               chiefest
               for
               Sea-affairs
               ;
               whose
               
                 Admiral
                 Hanno
              
               by
               order
               of
               the
               Senate
               discovered
               the
               utmost
               Coasts
               of
               Africk
               ,
               even
               to
               one
               degree
               of
               the
               Aequinoctial
               ;
               And
               their
               other
               
                 Admiral
                 Hamilco
              
               discovered
               all
               that
               part
               of
               Europe
               ,
               which
               till
               then
               lay
               as
               sub-incognito
               to
               the
               Carthaginians
               .
            
             
               In
               the
               Eastern
               Empire
               he
               that
               was
               high
               Admiral
               was
               styled
               Drungarius
               ,
               as
               
                 Drungarius
                 Navigiorum
                 Constantinopoli
                 ;
                 Drungarius
                 Classis
                 ;
                 Drungarius
                 mari
                 Praefectus
                 ;
                 Drungarius
                 Magnus
                 .
              
               c
               Although
               some
               are
               of
               opinion
               that
               this
               was
               a
               general
               word
               with
               them
               ,
               or
               a
               word
               which
               signified
               Generals
               as
               well
               by
               Land
               as
               by
               Sea
               ,
               
                 Qui
                 Drungis
                 ,
                 hoc
                 est
                 ,
                 globis
                 militum
                 imperabant
                 .
              
               d
               This
               
                 Magnus
                 Drungarius
                 Classis
              
               was
               a
               subordinate
               Officer
               or
               Naval
               Magistrate
               under
               their
               great
               Duke
               ,
               e
               and
               was
               also
               styled
               Ameralius
               ,
               which
               with
               them
               
               was
               likewise
               a
               Common
               Appellation
               for
               Terrene
               Princes
               ;
               Thus
               the
               Tyrant
               of
               Babylon
               was
               called
               Amiralius
               ;
               f
               Thus
               Huntindon
               speaks
               of
               twelve
               
                 Amiralios
                 Paganorum
              
               ,
               that
               were
               slain
               at
               the
               Siege
               of
               Antioch
               .
               Thus
               
                 Matth.
                 Paris
                 in
                 Will.
              
               2.
               speaks
               of
               29
               
                 Reges
                 &
                 Amiralios
              
               at
               once
               appointed
               for
               the
               Warres
               by
               Corbaranus
               .
               Thus
               Robert
               the
               Monk
               g
               makes
               mention
               of
               the
               Son
               of
               Cassianus
               King
               of
               Antioch
               ,
               and
               twelve
               Admiraldi
               of
               the
               King
               of
               Babylon
               slain
               in
               battel
               ,
               whom
               with
               an
               Army
               he
               had
               sent
               to
               aid
               the
               said
               King
               of
               Antioch
               .
               Thus
               the
               Agents
               or
               Ambassadours
               of
               the
               the
               King
               of
               Babylon
               styled
               the
               said
               King
               himself
               Admiraldum
               .
               h
               
                 Dominus
                 noster
                 Admiraldus
                 Babyloniae
                 ,
                 mandat
                 vobis
                 Francorum
                 Principibus
                 Salutem
                 .
              
               Thus
               Nabuchodonosor
               King
               of
               Babylon
               was
               styled
               Admiralius
               .
               i
               Thus
               we
               also
               find
               a
               Chieftain
               of
               a
               Bow-Militia
               styled
               
                 Arcubalistariorum
                 Admiralius
              
               .
               k
               So
               that
               anciently
               this
               word
               Ameralius
               or
               Admiralius
               did
               signifie
               as
               well
               the
               Commander
               in
               chief
               of
               the
               Armies
               by
               Land
               as
               of
               the
               Navies
               by
               Sea
               ,
               and
               sometimes
               the
               office
               or
               dignity
               of
               Kings
               and
               Princes
               or
               other
               Soveraigns
               of
               Supreme
               Authority
               ;
               but
               this
               you
               are
               to
               limit
               only
               to
               the
               Turks
               and
               Asiaticks
               .
            
             
               Again
               ,
               In
               the
               Eastern
               Empire
               there
               were
               no
               less
               then
               Four
               Admirals
               or
               Amiraei
               (
               there
               properly
               so
               called
               )
               at
               once
               ,
               for
               that
               Mahomet
               or
               rather
               Muhammad
               appointed
               Four
               Praetors
               in
               the
               Kingdome
               of
               
               the
               Sarazens
               which
               were
               called
               Ameraei
               .
               l
               And
               that
               Muhamed
               a
               little
               before
               his
               death
               constituted
               Four
               
                 Ameraeos
                 ,
                 qui
                 debellarent
                 omnes
                 ex
                 genere
                 Arabum
                 Christianos
                 .
              
               m
               These
               Four
               Ameraei
               were
               also
               called
               
                 Quatuor
                 Admirantes
              
               .
               And
               of
               these
               Four
               Admirals
               with
               the
               Sarazens
               ,
               the
               one
               had
               the
               Sea-Command
               of
               Egypt
               and
               Africa
               ;
               two
               others
               thereof
               divided
               the
               Spanish
               Coasts
               betwixt
               them
               ;
               and
               the
               Fourth
               had
               Palestine
               and
               the
               Coasts
               of
               Syria
               .
               But
               many
               are
               of
               opinion
               that
               before
               Charlemaigne
               the
               Sarazens
               had
               but
               one
               Admiral
               ,
               viz.
               Addala
               :
               after
               him
               Aron
               ;
               and
               after
               him
               Mabarmad
               :
               which
               Charlemaigne
               having
               war
               with
               his
               Brother
               Haldala
               ,
               and
               being
               more
               then
               half
               conquered
               by
               him
               ,
               condescended
               that
               the
               Sarazens
               should
               have
               two
               Admirals
               for
               one
               .
               And
               Turpin
               ,
               who
               was
               Secretary
               to
               the
               said
               Emperour
               Charlemaigne
               ,
               acquaints
               us
               with
               an
               Admiral
               of
               Babylon
               ,
               vvho
               came
               to
               the
               succour
               and
               relief
               of
               the
               Sarazens
               of
               Spain
               against
               the
               French
               ;
               as
               also
               of
               another
               Admiral
               ,
               viz.
               Galaffre
               ,
               a
               very
               potent
               Favorite
               with
               the
               said
               Emperour
               .
               n
            
             
               Under
               the
               Roman
               State
               ,
               when
               Pompey
               banded
               with
               Caesar
               for
               the
               Soveraignty
               ,
               there
               were
               several
               Admirals
               ,
               well
               nigh
               as
               many
               as
               the
               Nations
               were
               which
               aided
               either
               party
               with
               Shipping
               ,
               as
               the
               
                 Egyptians
                 ,
                 Asiaticks
                 ,
                 Rhodians
                 ,
                 Syrians
                 ,
                 Achaians
                 ,
              
               and
               others
               ,
               over
               whom
               
                 M.
                 Bibulus
              
               was
               Lord
               high
               Admiral
               .
               But
               when
               the
               Government
               
               was
               reduced
               to
               an
               establishment
               ,
               the
               Admiralty
               was
               setled
               also
               ;
               which
               not
               long
               after
               was
               again
               divided
               into
               two
               parts
               ,
               for
               there
               was
               one
               Admiralty
               at
               Misene
               and
               the
               adjacent
               Po●●s
               for
               the
               South
               ;
               another
               at
               Ravenne
               towards
               the
               East
               ;
               which
               two
               for
               distinctions
               sake
               they
               called
               the
               High
               and
               Low
               Seas
               ;
               each
               whereof
               was
               under
               the
               Command
               of
               his
               proper
               Admiral
               ,
               whom
               they
               called
               
                 Praefectus
                 Classis
              
               ,
               as
               the
               Captains
               of
               their
               Ships
               were
               known
               by
               the
               style
               of
               Navarchi
               .
            
             
               It
               is
               also
               evident
               that
               in
               the
               Roman
               Empire
               there
               was
               anciently
               a
               Company
               or
               Society
               of
               Owners
               and
               Masters
               of
               Ships
               ,
               as
               also
               of
               Merchant-Adventurers
               at
               Sea
               in
               the
               Isle
               and
               City
               of
               Rhodes
               ,
               which
               above
               all
               other
               places
               in
               the
               world
               had
               once
               the
               Prerogative
               in
               deciding
               all
               Maritime
               Controversies
               ;
               Insomuch
               that
               the
               Emperour
               Antoninus
               ,
               who
               though
               Imperious
               enough
               in
               styling
               himself
               
                 Totius
                 mundi
                 Dominus
              
               ,
               yet
               in
               all
               Nautical
               Controversies
               subscribed
               to
               the
               Rhodian
               Law
               ,
               acknowledging
               that
               though
               himself
               was
               Lord
               of
               the
               world
               ,
               yet
               the
               other
               was
               of
               the
               Sea.
               o
               There
               were
               also
               very
               Ancient
               Laws
               made
               and
               published
               by
               those
               of
               Rhodes
               ,
               who
               were
               most
               exp●rt
               at
               Sea
               ,
               as
               well
               touching
               Navigation
               ,
               as
               Merchant-affairs
               ,
               where
               the
               use
               thereof
               was
               of
               no
               less
               Consequence
               unto
               ,
               then
               of
               Antiquity
               in
               that
               Mediterranean
               Isle
               p
               The
               Assertions
               upon
               Historical
               Record
               touching
               the
               Excellency
               of
               their
               Sea-Laws
               ,
               
               their
               incomparable
               skill
               in
               Navigation
               ,
               and
               the
               Trophies
               of
               their
               Naval
               Victories
               are
               almost
               incredible
               .
               q
               But
               this
               so
               famous
               Isle
               being
               at
               length
               reduced
               from
               the
               glory
               of
               a
               Splendid
               to
               the
               Eclipse
               of
               a
               Decaied
               Merchant
               ,
               by
               reason
               of
               the
               many
               irruptions
               and
               incursions
               made
               thereon
               by
               several
               Nations
               ,
               specially
               by
               the
               Turks
               ,
               a
               little
               before
               the
               Reign
               of
               Charles
               the
               Great
               ,
               (
               when
               about
               the
               same
               time
               the
               Turks
               also
               possessed
               themselves
               of
               several
               other
               Isles
               in
               the
               Mediterranean
               )
               the
               Gallantry
               of
               the
               Rhodian
               Navies
               soon
               after
               vanished
               ;
               which
               at
               length
               (
               as
               some
               German
               Authours
               would
               have
               it
               )
               was
               thence
               translated
               to
               the
               Oriental
               Ocean
               or
               Baltick
               Sea
               ;
               For
               that
               Wisby
               in
               Gotland
               anciently
               prescribed
               the
               Sea-Laws
               to
               Merchants
               and
               Mariners
               ;
               whereunto
               (
               as
               afterwards
               to
               Lubeck
               )
               the
               Neighbouring
               Cities
               did
               usually
               appeal
               in
               all
               affairs
               of
               Maritime
               Cognizance
               .
            
             
               The
               word
               Admiralius
               from
               the
               Eastern
               Empire
               was
               first
               transported
               into
               Italy
               and
               Sicilia
               ,
               thence
               into
               France
               ,
               and
               from
               thence
               into
               England
               .
               The
               first
               high
               Admiral
               in
               France
               (
               as
               supposed
               )
               was
               one
               Rutlandus
               ,
               so
               called
               by
               Aeginardus
               in
               the
               Life
               of
               
               Charles
               the
               Great
               ;
               others
               called
               him
               Rolandus
               ;
               he
               was
               Constituted
               high
               Admiral
               of
               France
               about
               the
               time
               of
               King
               Pipin
               or
               
                 Charles
                 Martel
              
               .
               r
               Yet
               others
               are
               of
               opinion
               that
               the
               office
               of
               Ameral
               ,
               that
               is
               ,
               Admiral
               ,
               was
               known
               to
               the
               French
               first
               in
               the
               daies
               of
               Lewis
               the
               seventh
               ,
               from
               whose
               
               time
               till
               Philip
               the
               fourth
               there
               was
               only
               one
               Admiral
               ;
               After
               that
               ,
               there
               were
               two
               Admirals
               in
               France
               at
               the
               same
               time
               .
               s
               And
               afterwards
               more
               then
               two
               at
               one
               and
               the
               same
               time
               ,
               each
               dividing
               his
               Jurisdiction
               according
               to
               the
               Coasts
               of
               their
               several
               Provinces
               respectively
               .
               t
               This
               high
               Officer
               
                 L'
                 Ameral
              
               in
               point
               of
               dignity
               is
               next
               to
               the
               High
               Constable
               of
               France
               .
               Anciently
               there
               were
               three
               Admirals
               in
               France
               :
               one
               in
               Aquitane
               ,
               another
               in
               Brittany
               ,
               and
               the
               other
               was
               
                 Generalis
                 in
                 Francia
              
               ;
               which
               three
               are
               now
               reduced
               to
               one
               ,
               who
               doth
               exercise
               his
               Jurisdiction
               at
               the
               
                 Marble
                 Table
                 in
                 Palatio
                 Parisiensi
              
               .
               And
               whereas
               it
               is
               by
               some
               supposed
               that
               Rutlandus
               alias
               Rolandus
               (
               as
               aforesaid
               )
               in
               King
               Pipins
               daies
               was
               the
               first
               Admiral
               of
               France
               ,
               yet
               the
               more
               probable
               opinion
               is
               ,
               that
               either
               Enguarrantus
               
               
                 Dom.
                 de
                 Causy
              
               in
               King
               Philip
               the
               third's
               time
               ;
               Or
               Americus
               Vicount
               of
               Narbone
               in
               King
               Johns
               time
               ,
               was
               the
               first
               that
               ever
               had
               the
               honour
               of
               that
               high
               
               Office
               in
               the
               Kingdome
               of
               France
               .
            
          
           
             
             
               CHAP.
               III.
               
            
             
               
                 The
                 Antiquity
                 of
                 the
                 Maritime
                 Authority
                 ,
                 together
                 with
                 the
                 Office
                 and
                 Jurisdiction
                 of
                 the
                 Admiralty
                 within
                 this
                 Kingdome
                 of
              
               Great
               Brittain
               .
            
             
               IN
               the
               precedent
               Chapter
               it
               is
               said
               ,
               that
               the
               name
               of
               Admirallius
               first
               came
               out
               of
               the
               Eastern
               Empire
               into
               Italy
               and
               Sicily
               ,
               thence
               into
               France
               ,
               and
               thence
               into
               England
               ;
               And
               this
               (
               as
               the
               Learned
               Sir
               
                 Hen
                 :
                 Spelman
              
               doth
               suppose
               )
               after
               the
               time
               of
               the
               
                 Holy
                 Warre
              
               .
               For
               that
               ,
               as
               he
               observes
               out
               of
               Hovenden
               ,
               when
               King
               Rich.
               the
               first
               prepared
               his
               Navy
               for
               that
               design
               ,
               he
               appointed
               no
               single
               person
               to
               the
               Command
               in
               chief
               of
               that
               Navy
               by
               the
               name
               or
               style
               of
               Admiral
               ,
               but
               deputed
               five
               several
               persons
               *
               to
               that
               Command
               ,
               by
               the
               name
               or
               style
               of
               
                 Ductores
                 ,
                 Justiciarii
                 ,
                 &
                 Constabularii
                 totius
                 Navigii
                 .
              
               a
               The
               said
               Learned
               Authour
               comes
               something
               nigher
               to
               our
               times
               ,
               and
               says
               that
               this
               Appellation
               or
               style
               of
               Admiral
               seems
               not
               to
               be
               received
               with
               us
               in
               An.
               8
               H.
               3.
               for
               that
               the
               King
               in
               his
               Grant
               at
               that
               time
               to
               
                 William
                 de
                 Lucy
              
               expresses
               himself
               only
               by
               the
               words
               of
               
                 Concessit
                 Maritimam
                 Angliae
              
               ,
               without
               any
               mentioning
               of
               the
               word
               Admiral
               in
               that
               Patent
               .
               Nor
               yet
               in
               the
               forty
               eighth
               year
               of
               his
               Reign
               ,
               for
               that
               he
               then
               Constituted
               
                 Tho
                 :
                 de
                 Moleton
              
               ,
               
               
                 Capitaneum
                 &
                 Custodem
                 Maris
                 (
                 non
                 Admirallium
                 ;
                 )
              
               So
               that
               he
               is
               of
               opinion
               ,
               that
               this
               high
               Officer
               was
               not
               known
               to
               us
               here
               in
               England
               by
               the
               name
               or
               style
               of
               Admirallius
               till
               the
               beginning
               of
               Ed.
               the
               first
               's
               Reign
               .
               And
               that
               
                 William
                 de
                 Leiburn
              
               was
               the
               first
               with
               us
               that
               had
               the
               dignity
               of
               that
               Office
               by
               the
               style
               of
               Admiral
               ,
               who
               at
               the
               Assembly
               at
               
                 Bruges
                 ,
                 Anno
              
               15
               Ed.
               1.
               was
               
               styled
               
                 Admirallus
                 Maris
                 Regis
              
               .
               And
               that
               soon
               after
               the
               said
               Office
               became
               Tripartite
               ,
               
                 viz.
                 Anno
              
               22
               Ed.
               1.
               when
               the
               said
               William
               
               
                 de
                 Leiburne
              
               was
               made
               Admiral
               of
               Portsmouth
               ,
               and
               the
               adjacent
               parts
               ;
               
                 John
                 de
                 Botecurts
              
               of
               Yarmouth
               ,
               and
               the
               Neighbouring
               Coasts
               thereof
               ;
               and
               a
               certain
               Irish
               Knight
               of
               the
               West
               and
               Irish
               Coasts
               .
               After
               whom
               succeeded
               three
               other
               Admirals
               for
               the
               same
               Divisions
               in
               the
               19
               year
               of
               Ed.
               2.
               
               
                 viz.
                 John
                 Otervin
                 ,
                 Nicholas
                 Kiriel
                 ,
              
               and
               
                 John
                 de
                 Felton
              
               .
               And
               in
               those
               daies
               the
               Admiral
               was
               often
               styled
               not
               
                 Admirallus
                 maris
              
               ,
               but
               
                 Admirallus
                 flotae
                 Navium
                 ,
                 id
                 est
                 ,
                 Classis
                 ,
              
               or
               the
               Admiral
               of
               the
               Navy
               .
               And
               this
               Admiral
               had
               his
               power
               divided
               into
               two
               stations
               ;
               the
               one
               was
               the
               North
               station
               ,
               which
               began
               at
               the
               mouth
               of
               the
               River
               of
               Thames
               ,
               and
               thence
               extended
               it self
               North-ward
               ,
               comprising
               Yarmouth
               and
               all
               the
               Eastern
               shore
               .
               The
               other
               was
               the
               West
               station
               ,
               which
               beginning
               likewise
               at
               the
               mouth
               of
               the
               River
               of
               Thames
               ,
               stretched
               it self
               West-ward
               ,
               comprising
               Portsmouth
               ,
               and
               all
               the
               South
               and
               West
               of
               England
               .
               But
               the
               
               first
               that
               was
               styled
               
                 Admirallus
                 Angliae
              
               was
               Richard
               the
               younger
               son
               of
               Alan
               Earl
               of
               Arundel
               and
               Surrey
               ,
               in
               the
               tenth
               year
               of
               R.
               2.
               
               b
            
             
               Notwithstanding
               all
               this
               which
               hath
               been
               said
               ,
               intimating
               that
               
                 William
                 de
                 Leiburn
              
               in
               the
               15
               of
               Ed.
               1.
               was
               the
               first
               in
               England
               that
               had
               this
               Office
               by
               the
               name
               or
               style
               of
               Admirallus
               ;
               yet
               it
               is
               evident
               by
               
                 Matth.
                 Paris
                 in
                 H.
              
               1.
               (
               which
               is
               about
               150
               years
               before
               that
               of
               Ed.
               1.
               )
               that
               at
               that
               time
               there
               was
               mention
               made
               of
               one
               
                 Balac
                 Ameralius
              
               here
               in
               England
               ,
               who
               in
               Fight
               took
               and
               surprized
               Jocelyne
               Earl
               of
               Edessa
               ,
               c
               with
               his
               Cousin
               Galeranus
               .
               But
               at
               what
               point
               of
               Time
               precisely
               that
               Office
               by
               the
               style
               or
               Appellation
               of
               Admiral
               was
               first
               known
               in
               England
               ,
               it
               matters
               not
               much
               ,
               since
               the
               thing
               it self
               ,
               which
               signified
               that
               Office
               now
               known
               to
               us
               by
               the
               style
               of
               
                 Lord
                 High
                 Admiral
              
               ,
               and
               the
               Jurisdiction
               thereof
               hath
               ever
               been
               in
               this
               Kingdome
               time
               out
               of
               mind
               ;
               This
               will
               the
               more
               evidently
               appear
               if
               you
               consult
               the
               Records
               of
               History
               ,
               and
               compare
               them
               with
               others
               National
               ,
               touching
               that
               Ancient
               Dominion
               the
               Kings
               of
               England
               have
               ever
               had
               over
               the
               Seas
               of
               England
               ,
               together
               with
               that
               Maritime
               Jurisdiction
               which
               hath
               ever
               asserted
               the
               same
               .
               That
               the
               Kings
               of
               
                 Great
                 Brittain
              
               have
               an
               undoubted
               right
               to
               the
               Soveraignty
               of
               the
               Seas
               of
               
                 Great
                 Brittain
              
               ,
               none
               but
               a
               few
               
               
                 Mare
                 Libertines
              
               (
               and
               that
               for
               their
               own
               Interest
               )
               ever
               scrupled
               .
               Sir
               
                 Hen
                 :
                 Spelman
              
               gives
               us
               an
               Account
               of
               a
               very
               Ancient
               Record
               
               d
               extracted
               out
               of
               the
               Laws
               of
               
                 Hoelus
                 Dha
                 ,
                 Regis
                 seu
                 Principis
                 Walliae
                 ,
                 cir
                 .
                 An.
              
               928.
               which
               for
               the
               proof
               of
               the
               said
               
                 Dominium
                 quasi
                 uno
                 intuitu
              
               ,
               is
               here
               inserted
               
                 in
                 haec
                 verba
              
               ,
               viz.
               
            
             
               
                 
                   Variato
                   aliquantulum
                   Nominis
                   Vocabulo
                   ,
                   dici
                   hic
                   videtur
                
                 Huwell
                 Da
                 ,
                 
                   qui
                   superius
                
                 Hoêl
                 Dha
                 ,
                 Latine
                 Hoêlus
                 &
                 Hoelus
                 ,
                 
                   alias
                   Huval
                   ,
                   (
                   quem
                
                 Malmesburiensis
                 
                   unum
                   fuisse
                   refert
                   e
                   quinque
                
                 Wallensium
                 
                   Regibus
                   )
                   Quos
                   cum
                
                 Cunadio
                 Rege
                 Scotorum
                 ,
                 Malcolmo
                 Rege
                 Cambrorum
                 ,
                 &
                 Maccusio
                 
                   Achipirata
                   (
                   seu
                   Principe
                   Nautarum
                   vel
                   Marium
                   Praefecto
                   )
                   ad
                   Civitatem
                   Legionum
                   sibi
                   occurrentes
                   ,
                   Rex
                
                 Anglorum
                 Eadgarus
                 
                   in
                   Triumphi
                   pompam
                   deducebat
                   .
                   Una
                   enim
                   impositos
                   ,
                   remigrare
                   eos
                   hanc
                   coegit
                   ,
                   dum
                   in
                   Prora
                   ipse
                   Sedens
                   ,
                   Navis
                   tenuit
                   gubernaculum
                   :
                   ut
                   se
                   hoc
                   spectaculo
                   ,
                
                 Soli
                 &
                 Sali
                 orbis
                 Brittanici
                 
                   Dominum
                   praedicaret
                   &
                   Monarcham
                
                 .
              
            
             
               In
               this
               Ancient
               and
               Memorable
               Record
               King
               Edgar
               ,
               Neptune-like
               rides
               in
               Triumph
               over
               the
               Brittish
               Seas
               ,
               giving
               the
               world
               to
               understand
               ,
               that
               
                 Dominium
                 Maris
              
               is
               the
               Motto
               of
               his
               Trident.
               Consonant
               whereunto
               is
               that
               which
               the
               Law
               it self
               says
               
               
                 Mare
                 dicitur
                 esse
                 de
                 districtu
                 illius
                 Civitatis
                 vel
                 Loci
                 ,
                 qui
                 confinat
                 cum
                 mari
                 ,
                 in
                 quantum
                 se
                 extendit
                 territorium
                 terrae
                 prope
                 mare
                 .
              
               In
               a
               word
               ,
               to
               this
               purpose
               the
               Renowned
               Learned
               Mr.
               Selden
               ,
               who
               hath
               left
               no
               more
               to
               say
               ,
               but
               with
               
                 Jo
                 :
                 Baptist
                 Larrea
              
               in
               one
               of
               his
               Decisions
               of
               Granada
               ,
               That
               
               
                 Authorum
                 sententias
                 non
                 ex
                 numero
                 ,
                 sed
                 ex
                 ratione
                 metiri
                 oportet
                 ;
                 &
                 pensitari
                 debent
                 juris
                 fundamenta
                 ,
                 non
                 Authorum
                 Elenchum
                 velut
                 calculatione
                 computari
              
               f
            
             
               The
               Lord
               High
               Admiral
               is
               by
               the
               Prince
               concredited
               with
               the
               management
               of
               all
               Marine
               Affairs
               ,
               as
               well
               in
               respect
               of
               Jurisdiction
               as
               Protection
               .
               He
               is
               that
               high
               Officer
               or
               Magistrate
               to
               whom
               is
               committed
               the
               Government
               of
               the
               Kings
               Navy
               ,
               with
               power
               of
               Decision
               in
               all
               Causes
               Maritime
               as
               well
               Civil
               as
               Criminal
               ;
               So
               that
               befide
               the
               power
               of
               Jurisdiction
               in
               Criminals
               ,
               he
               may
               judge
               of
               Contracts
               between
               party
               and
               party
               touching
               things
               done
               upon
               or
               beyond
               the
               the
               Seas
               .
               g
               Wherein
               he
               may
               cause
               his
               Arrests
               ,
               Monitions
               ,
               and
               other
               Decrees
               of
               Court
               to
               be
               served
               upon
               the
               Land
               ,
               as
               also
               may
               take
               the
               parties
               body
               or
               goods
               in
               execution
               upon
               the
               Land.
               h
               The
               Lord
               Coke
               in
               honour
               of
               the
               Admiralty
               of
               England
               ,
               is
               pleased
               to
               publish
               to
               the
               world
               ,
               that
               the
               Lord
               Admirals
               Jurisdiction
               is
               very
               Ancient
               ,
               and
               long
               before
               the
               Reign
               of
               Ed.
               3.
               and
               that
               there
               hath
               ever
               been
               an
               Admiral
               time
               out
               of
               mind
               ,
               as
               appears
               not
               only
               by
               the
               Laws
               of
               Oleron
               ,
               but
               also
               by
               many
               other
               Ancient
               Records
               in
               the
               Reigns
               of
               Hen.
               3.
               
               Ed.
               1.
               
               &
               Ed.
               2.
               
               i
               Thus
               as
               the
               Laws
               and
               Constitutions
               of
               the
               Sea
               are
               nigh
               as
               Ancient
               as
               Navigation
               it self
               ,
               so
               the
               Jurisdiction
               thereof
               hath
               universally
               been
               owned
               and
               received
               by
               all
               Nations
               ;
               yea
               ,
               and
               this
               Kingdome
               is
               by
               way
               of
               Eminency
               
               Crowned
               by
               Antiquity
               for
               the
               promulgation
               of
               the
               one
               ,
               and
               establishment
               of
               the
               other
               .
               For
               ,
               otherwise
               without
               such
               Maritime
               Laws
               ,
               and
               such
               an
               Admiral
               Jurisdiction
               ,
               how
               could
               the
               Ancient
               Brittains
               ,
               long
               before
               
                 Julius
                 Caesar
              
               invaded
               this
               Isle
               ,
               restraine
               all
               Strangers
               (
               Merchants
               excepted
               )
               from
               approaching
               their
               Confines
               ,
               k
               or
               regulate
               such
               Navies
               as
               were
               the
               wonder
               of
               that
               Age
               ?
               l
               Or
               ,
               how
               could
               King
               Edgar
               in
               the
               Titles
               of
               his
               Charters
               have
               effectually
               styled
               himself
               as
               well
               
                 Imperator
                 Dominusque
                 rerum
                 omnium
                 Insularum
                 Oceani
                 qui
                 Brittaniam
                 circumjacent
                 ,
              
               as
               
                 Anglorum
                 Basileus
              
               ,
               m
               or
               maintain
               in
               Naval
               Discipline
               these
               four
               hundred
               Sail
               of
               ships
               appointed
               by
               him
               to
               guard
               and
               scour
               the
               Brittish
               Seas
               ?
               n
               And
               did
               not
               Etheldred
               after
               Edgar
               for
               the
               self-same
               end
               and
               purpose
               set
               forth
               to
               Sea
               from
               Sandwitch
               one
               of
               the
               greatest
               Navies
               that
               ever
               this
               Kingdome
               prepared
               ?
               Doubtless
               this
               was
               no
               Lawless
               Navy
               ,
               without
               Maritime
               Constitutions
               for
               the
               due
               regulation
               thereof
               according
               to
               the
               Laws
               of
               the
               Sea
               ,
               Consonant
               to
               that
               of
               the
               Jurisdiction
               of
               the
               Admiralty
               then
               in
               use
               and
               received
               by
               all
               the
               Maritime
               Principalities
               of
               Europe
               .
               
            
             
               Whereas
               it
               is
               universally
               acknowledged
               ,
               That
               the
               Admiralty
               of
               England
               is
               very
               Ancient
               ,
               and
               long
               before
               the
               Reign
               of
               Edward
               the
               third
               ,
               who
               ever
               consults
               Antiquity
               shall
               find
               it
               farre
               more
               Ancient
               ,
               and
               long
               before
               the
               Reign
               of
               Edward
               the
               first
               ;
               
               even
               time
               out
               of
               mind
               before
               the
               said
               Edward
               the
               first
               .
               To
               this
               purpose
               very
               remarkable
               is
               that
               ancient
               Record
               in
               the
               Tower
               of
               London
               ,
               entituled
               ,
               
                 De
                 Superioritate
                 Maris
                 Angliae
                 &
                 jure
                 Officii
                 Admirallatus
              
               
               
                 in
                 eodem
              
               ,
               and
               out
               of
               the
               old
               French
               rendred
               into
               English
               by
               Sir
               
                 John
                 Boroughs
              
               in
               his
               compendious
               Treatise
               of
               the
               
                 Soveraignty
                 of
                 the
                 Brittish
                 Seas
              
               ,
               pag.
               25
               ,
               &c.
               
                 edit
                 .
                 Anno
              
               1633.
               in
               which
               it
               evidently
               appears
               that
               the
               Admiralty
               of
               England
               ,
               and
               the
               Jurisdiction
               thereof
               was
               farre
               more
               Ancient
               then
               Edward
               the
               first
               ,
               and
               that
               from
               age
               to
               age
               successively
               ,
               and
               time
               out
               of
               mind
               even
               before
               the
               days
               of
               the
               said
               Edward
               the
               first
               ,
               it
               was
               so
               owned
               and
               acknowledged
               by
               this
               and
               all
               other
               Neighbour-Nations
               ,
               as
               appears
               by
               the
               said
               Record
               ,
               which
               was
               occasioned
               by
               a
               National
               Agreement
               of
               certain
               differences
               arising
               between
               the
               Kings
               of
               England
               and
               France
               in
               the
               26
               year
               of
               the
               Reign
               of
               the
               said
               Edward
               the
               first
               ,
               by
               reason
               of
               certain
               usurpations
               attempted
               by
               
                 Reyner
                 Grimbald
              
               ,
               then
               Admiral
               of
               the
               French
               Navy
               in
               the
               Brittish
               Seas
               ;
               in
               which
               Agreement
               the
               Commissioners
               or
               Agents
               for
               the
               Maritime
               Coasts
               of
               the
               greatest
               part
               of
               the
               Christian
               world
               ,
               of
               
                 Genoa
                 ,
                 Spain
                 ,
                 Germany
                 ,
                 Holland
                 ,
                 Zealand
                 ,
                 Freezland
                 ,
                 Denmark
              
               and
               Norway
               ,
               then
               present
               ,
               made
               this
               memorable
               Acknowledgment
               and
               Declaration
               ,
               which
               is
               extracted
               out
               of
               the
               said
               Record
               ,
               as
               to
               so
               much
               thereof
               as
               relates
               to
               the
               Jurisdiction
               of
               the
               Admiralty
               ,
               
               
                 viz.
                 That
                 the
                 Procurators
                 of
                 the
                 Admiral
                 of
                 the
                 Sea
                 of
              
               England
               ,
               
                 and
                 of
                 other
                 places
                 as
                 of
                 the
                 Sea-Coasts
                 ,
                 as
                 of
              
               Genoa
               ,
               Catalonia
               ,
               Spain
               ,
               Almayne
               ,
               Zealand
               ,
               Holland
               ,
               Freezland
               ,
               Denmark
               and
               Norway
               ,
               
                 do
                 shew
                 that
                 the
                 Kings
                 of
              
               England
               
                 time
                 out
                 of
                 mind
                 have
                 been
                 in
                 peaceable
                 possession
                 of
                 the
                 Seas
                 of
              
               England
               ,
               
                 in
                 making
                 and
                 establishing
                 Laws
                 and
                 Statutes
                 and
                 Restraints
                 of
                 Arms
                 and
                 of
                 Ships
                 ,
                 &c.
                 and
                 in
                 taking
                 Surety
                 ,
                 &c.
                 and
                 in
                 ordering
                 of
                 all
                 other
                 things
                 necessary
                 for
                 the
                 maintaining
                 of
                 Peace
                 ,
                 Right
                 and
                 Equity
                 ,
                 &c.
                 and
                 in
                 doing
                 Justice
                 ,
                 Right
                 and
                 Law
                 ,
                 according
                 to
                 the
                 said
                 Laws
                 ,
                 Ordinances
                 and
                 Restraints
                 ,
                 and
                 in
                 all
                 other
                 things
                 which
                 may
                 appertain
                 to
                 the
                 Exercise
                 of
                 Soveraign
                 Dominion
                 in
                 the
                 places
                 aforesaid
                 .
                 And
              
               A.
               de
               B.
               
                 Admiral
                 of
                 the
                 Sea
                 deputed
                 by
                 the
                 King
                 of
              
               England
               ,
               
                 and
                 all
                 other
                 Admirals
                 ordained
                 by
                 the
                 said
                 King
                 of
              
               England
               
                 have
                 been
                 in
                 peaceable
                 possession
                 of
                 the
                 Soveraign
                 guard
                 ,
                 with
                 the
                 Cognizance
                 of
                 Justice
                 ,
                 &c.
                 
                 And
                 whereas
                 the
                 Masters
                 of
                 the
                 Ships
                 of
                 the
                 said
                 Kingdome
                 of
              
               England
               
                 in
                 the
                 absence
                 of
                 the
                 said
                 Admiral
                 have
                 been
                 in
                 peaceable
                 possession
                 of
                 taking
                 Cognizance
                 and
                 judging
                 all
                 actions
                 done
                 in
                 the
                 said
                 Sea
                 ,
                 &c.
                 the
                 said
                 Procurators
                 in
                 the
                 names
                 of
                 their
                 said
                 Lords
                 ,
                 do
                 pray
                 ,
                 &c.
                 that
                 speedy
                 delivery
                 of
                 the
                 Goods
                 and
                 Merchandizes
                 taken
                 and
                 detained
                 ,
                 be
                 made
                 to
                 the
                 Admiral
                 of
                 the
                 said
                 King
                 of
              
               England
               ,
               
                 to
                 whom
                 the
                 Cognizance
                 of
                 the
                 same
                 of
                 right
                 appertaineth
                 ,
                 so
                 that
                 without
              
               
               
                 disturbance
                 of
                 you
                 or
                 any
                 other
                 he
                 may
                 take
                 Cognizance
                 thereof
                 ,
                 and
                 do
                 that
                 which
                 appertaineth
                 to
                 his
                 Office.
              
               In
               which
               Record
               it
               is
               observable
               ,
               that
               even
               in
               those
               days
               ,
               that
               is
               ,
               before
               the
               time
               of
               Edward
               the
               first
               ,
               the
               Kingdome
               of
               England
               had
               not
               only
               the
               Soveraignty
               of
               the
               Brittish
               Seas
               ,
               but
               also
               an
               Admiral
               empowered
               with
               a
               Jurisdiction
               Maritime
               to
               take
               Cognizance
               and
               judge
               all
               actions
               done
               on
               the
               Sea
               ;
               to
               doe
               Justice
               ,
               execute
               the
               Laws
               of
               the
               Sea
               ,
               maintain
               Peace
               ,
               Right
               and
               Equity
               ,
               according
               to
               the
               Laws
               and
               Ordinances
               of
               the
               Sea
               ;
               and
               in
               a
               word
               ,
               to
               minister
               Justice
               in
               all
               things
               that
               to
               the
               Office
               of
               an
               Admiral
               appertain
               .
               To
               this
               might
               be
               added
               King
               John's
               Ordinance
               made
               at
               Hastings
               ,
               touching
               the
               Soveraignty
               of
               the
               Brittish
               Seas
               in
               the
               point
               of
               striking
               Sail
               or
               veiling
               Bonnets
               by
               the
               vessels
               of
               Forraign
               Nations
               to
               the
               Kings
               Ships
               ;
               which
               Ordinance
               was
               made
               long
               before
               the
               Reign
               of
               Edward
               the
               first
               ,
               and
               wherein
               mention
               is
               likewise
               made
               of
               the
               high
               Admiral
               of
               England
               ;
               But
               this
               that
               hath
               been
               said
               ,
               may
               abundantly
               suffice
               both
               to
               prove
               and
               illustrate
               the
               Antiquity
               of
               the
               high
               Admirall
               of
               England
               ,
               and
               his
               Jurisdiction
               in
               matters
               Maritime
               .
            
             
               If
               it
               be
               granted
               ,
               that
               
                 Frustra
                 sunt
                 Arma
                 foris
                 ,
                 nisi
                 est
                 Consilium
                 domi
                 ,
              
               it
               cannot
               well
               be
               denied
               but
               that
               
                 Frustra
                 sunt
                 Arma
                 domi
                 nisi
                 est
                 Dominium
                 Maris
                 ,
              
               to
               which
               as
               undeniably
               may
               be
               added
               ,
               that
               
                 Frustra
                 est
                 Dominium
                 Maris
                 ,
                 nisi
                 est
                 Jurisdictio
                 domi
                 .
              
               
               If
               therefore
               the
               Ancient
               Rights
               of
               the
               Jurisdiction
               of
               the
               Admiralty
               of
               England
               ,
               should
               at
               any
               time
               happen
               to
               be
               impeded
               by
               ought
               ,
               not
               so
               properly
               qualified
               Judicially
               to
               conserve
               the
               Rights
               of
               the
               Soveraignty
               of
               the
               
                 Brittish
                 Seas
              
               ,
               might
               not
               a
               Decay
               of
               Trade
               ,
               that
               Cornucope
               of
               all
               National
               Provisions
               ,
               be
               justly
               suspected
               ?
               specially
               if
               Neighbour-Nations
               should
               thence
               pretend
               to
               spy
               any
               thing
               like
               a
               flaw
               in
               
                 Englands
                 Trident
              
               ,
               as
               if
               her
               
                 Dominium
                 Maris
              
               were
               in
               part
               dismantled
               ;
               the
               Plenty
               as
               well
               as
               the
               Safety
               and
               Security
               of
               these
               Kingdomes
               ,
               much
               (
               under
               God
               )
               consisting
               in
               the
               Power
               of
               the
               Royal
               Navy
               ,
               those
               Pyramids
               of
               Majesty
               ,
               or
               
                 Floating
                 Garisons
              
               .
               The
               
                 Dominium
                 &
                 Jurisdictio
                 Maris
              
               are
               such
               Confederates
               ,
               you
               cannot
               prejudice
               the
               one
               ,
               and
               not
               the
               other
               ;
               And
               therefore
               to
               scruple
               that
               Jurisdiction
               ,
               those
               Ancient
               Rights
               ,
               whereby
               our
               own
               are
               conserved
               and
               secured
               ,
               may
               not
               be
               convenient
               ;
               So
               that
               to
               doubt
               whether
               the
               established
               Jurisdiction
               of
               the
               high
               Admiralty
               of
               England
               may
               judge
               of
               Marine
               Properties
               ,
               is
               implicitely
               and
               in
               effect
               to
               inferre
               ,
               that
               the
               Navy
               Royall
               is
               equipped
               only
               to
               enamel
               the
               Seas
               and
               take
               the
               Air
               ,
               or
               that
               their
               Captures
               at
               Sea
               must
               evaporate
               ;
               if
               Bargains
               and
               Sales
               made
               
                 super
                 altum
                 mare
              
               can
               transferre
               and
               alienate
               properties
               ,
               then
               doubtless
               the
               Admiralty
               can
               finally
               judge
               and
               determine
               thereof
               .
               Nor
               let
               any
               man
               think
               the
               Admiralty
               of
               England
               is
               without
               remedy
               ,
               in
               case
               
               one
               man
               impleads
               another
               for
               an
               Admiral
               cause
               in
               another
               Jurisdiction
               ;
               
               for
               if
               the
               Admiralty
               cannot
               summon
               and
               proceed
               according
               to
               the
               ancient
               style
               ,
               practice
               and
               known
               Rights
               ,
               Laws
               and
               Customes
               of
               that
               Jurisdiction
               ,
               against
               such
               who
               in
               matters
               of
               Admiral
               Cognnizance
               prosecute
               the
               Law
               elsewhere
               ,
               then
               what
               is
               it
               more
               then
               a
               meer
               Idaea
               that
               hath
               no
               real
               existence
               beyond
               the
               pleasure
               of
               the
               parties
               litigant
               ;
               nor
               is
               that
               other
               mis-opinion
               ,
               viz.
               (
               That
               the
               Admiralty
               may
               not
               enforce
               its
               own
               Decrees
               and
               Orders
               )
               worth
               Consideration
               ;
               for
               
               the
               Executive
               part
               is
               so
               inherent
               in
               a
               Jurisdiction
               ,
               quatenus
               such
               ,
               that
               in
               effect
               it
               is
               but
               a
               lame
               and
               imperfect
               Jurisdiction
               without
               a
               Power
               Coercive
               ,
               which
               breaths
               life
               and
               vigour
               into
               a
               Jurisdiction
               by
               Execution
               ,
               which
               otherwise
               would
               be
               but
               like
               a
               Body
               without
               a
               Soul
               ,
               or
               like
               an
               expert
               Commander
               Commissioned
               to
               fight
               with
               his
               hands
               manacled
               behind
               him
               ;
               
                 Sententia
                 absque
                 Executione
                 ,
                 est
                 quasi
                 splendidum
                 Justitiae
                 Cadaver
                 .
              
               This
               mis-conceit
               may
               
               not
               be
               much
               inferiour
               to
               theirs
               who
               are
               dextrous
               at
               Translocations
               by
               surmises
               and
               suggestions
               ;
               if
               the
               the
               circumstance
               of
               Locality
               be
               too
               light
               to
               be
               traversable
               ,
               yet
               it
               
               is
               of
               weight
               enough
               to
               be
               surmised
               or
               suggested
               .
               It
               is
               not
               impossible
               but
               that
               the
               Cognizance
               
               of
               the
               Admiralty
               ,
               being
               in
               part
               essentiated
               by
               the
               Marine
               Circumstance
               of
               Place
               ,
               may
               be
               obstructed
               by
               a
               meer
               missurmise
               as
               to
               the
               Locality
               .
               
                 Suum
                 cuique
                 tribuere
              
               is
               the
               ultimate
               Result
               or
               
                 Summa
                 Totalis
              
               of
               all
               Justice
               ,
               whose
               Ballance
               is
               then
               best
               poized
               ,
               when
               it
               weighs
               each
               Individuals
               ,
               Policy
               with
               a
               Consistency
               to
               common
               Interest
               .
               It
               may
               be
               not
               less
               hazardous
               then
               chargeable
               for
               the
               Client
               to
               complement
               Justinian
               with
               one
               Fee
               ,
               and
               Littleton
               with
               another
               ;
               If
               so
               ,
               it
               will
               be
               expedient
               that
               he
               provide
               two
               Purses
               ,
               which
               is
               but
               the
               beginning
               of
               sorrows
               ,
               for
               he
               must
               also
               provide
               a
               good
               stock
               of
               Patience
               to
               await
               the
               event
               of
               what
               will
               put
               no
               issue
               to
               the
               merits
               of
               his
               Cause
               .
               And
               in
               Concurrencies
               of
               Jurisdictions
               a
               Concurrency
               of
               Jurisdictional
               
               qualifications
               as
               well
               Intrinsick
               as
               Extrinsick
               seems
               to
               be
               requisite
               ;
               for
               ,
               admitmitting
               that
               by
               a
               
                 Dedimus
                 potestatem
              
               ,
               or
               other
               Writ
               of
               like
               nature
               ,
               witnesses
               might
               be
               Legally
               examined
               at
               
                 Venice
                 ,
                 Lisboa
              
               ,
               or
               other
               transmatine
               parts
               ;
               
                 Sub
                 mutuae
                 vicissitudinis
                 obtentu
              
               ,
               yet
               what
               Judicial
               improvement
               can
               be
               made
               thereof
               ,
               especially
               
                 quando
                 ex
                 facto
                 jus
                 oritur
              
               ,
               without
               due
               intrinsick
               qualisications
               calculated
               for
               the
               Meridian
               of
               a
               Maritime
               Cause
               .
               But
               to
               digress
               ,
               may
               be
               to
               transgress
               ;
               To
               return
               therefore
               to
               the
               Antiquity
               of
               the
               Office
               and
               Juisdiction
               Admiral
               .
            
             
             
               The
               Authour
               of
               the
               Book
               entituled
               ,
               
                 Rights
                 of
                 the
                 Kingdome
              
               ,
               hath
               several
               Passages
               concerning
               the
               Office
               and
               Jurisdiction
               of
               the
               Admiralty
               ,
               whereof
               one
               is
               
                 (
                 pag.
              
               90.
               )
               That
               Edgar
               that
               Great
               Monarch
               ,
               was
               as
               great
               a
               Conquerour
               by
               Sea
               ,
               as
               Aethelstane
               by
               Land
               ;
               That
               it
               might
               be
               easier
               to
               shew
               his
               four
               Seas
               ,
               then
               to
               set
               their
               exact
               Bounds
               .
               But
               in
               
                 (
                 pag.
              
               132.
               )
               he
               is
               pleas'd
               to
               say
               ,
               that
               the
               Law
               Maritime
               is
               Dark
               enough
               ,
               with
               all
               the
               Jurisdiction
               of
               the
               Court
               Admiral
               ;
               (
               So
               is
               the
               Sun
               to
               him
               that
               will
               not
               see
               )
               where
               he
               farther
               seems
               to
               please
               himself
               with
               saying
               ,
               That
               that
               Office
               may
               be
               harder
               then
               the
               Name
               ,
               by
               calling
               it
               a
               strange
               mixture
               of
               Greek
               and
               Arabick
               .
               Yet
               for
               the
               Antiquity
               of
               the
               said
               Office
               ,
               he
               doth
               the
               Admiralty
               that
               right
               ,
               as
               withal
               in
               the
               same
               place
               to
               assert
               ,
               That
               the
               old
               Ms.
               
                 del'Office
                 del
                 '
                 Admiral
              
               hath
               divers
               Records
               of
               H.
               1.
               
               Rich.
               1.
               and
               King
               John
               ,
               speaking
               of
               Trials
               by
               twelve
               (
               as
               at
               Common
               Law
               )
               But
               that
               now
               the
               practice
               is
               much
               otherwise
               .
               And
               that
               in
               the
               Rolls
               of
               Ed.
               1.
               the
               Name
               of
               Admiral
               :
               But
               not
               in
               our
               Printed
               Laws
               
                 (
                 that
                 the
                 said
                 Authour
                 knows
                 of
                 )
              
               till
               Edward
               the
               second
               .
               And
               then
               adds
               ,
               That
               in
               Edward
               the
               third
               the
               Rolls
               are
               full
               of
               that
               Office.
               And
               so
               proceeds
               ,
               That
               in
               Rich.
               2.
               it
               was
               brought
               to
               a
               Weldy
               
                 (
                 that
                 's
                 the
                 Epethite
                 it
                 pleases
                 him
                 to
                 afford
                 it
                 )
              
               Model
               .
               Being
               Uncertain
               rather
               then
               Infinite
               before
               ,
               
                 as
                 the
                 said
                 Authour
              
               is
               there
               pleased
               to
               determine
               ;
               For
               (
               says
               he
               )
               the
               Bounds
               were
               
               ever
               straighter
               much
               ,
               then
               some
               may
               imagine
               .
               Also
               that
               they
               were
               again
               disputed
               in
               Henry
               the
               fourth
               ,
               Q.
               Elizabeth
               ,
               and
               King
               James
               .
               And
               then
               he
               is
               pleas'd
               most
               facetiously
               to
               add
               ,
               That
               it
               lies
               more
               open
               to
               the
               
                 Common
                 Law
              
               ,
               then
               to
               the
               Wind.
               Yet
               withal
               he
               doth
               not
               there
               conceal
               ,
               but
               that
               besides
               the
               Laws
               of
               Arthur
               the
               Brittain
               ,
               and
               Edgar
               the
               Saxon
               ,
               we
               have
               some
               Records
               of
               Custome
               by
               Sea
               as
               well
               as
               by
               Land
               ;
               with
               Priviledge
               to
               some
               ,
               below
               the
               King
               ,
               before
               the
               Norman
               :
               whom
               they
               make
               the
               Founder
               ,
               yet
               he
               was
               (
               in
               the
               said
               Authours
               judgement
               )
               but
               Patron
               of
               the
               Ports
               ,
               and
               Wardens
               of
               the
               Sea.
               And
               the
               same
               Authour
               ,
               speaking
               of
               the
               Sea-statutes
               of
               Rich.
               1.
               how
               that
               they
               were
               made
               ,
               
                 de
                 Communi
                 probarum
                 virorum
                 Consilio
              
               ,
               refers
               to
               the
               very
               expression
               of
               the
               Charter
               it self
               ;
               in
               
                 Hovenden
                 ,
                 Wendover
              
               ,
               or
               
                 Matthew
                 Paris
              
               ,
               who
               doth
               add
               ,
               that
               
                 per
                 Consilium
                 Magnatum
              
               ,
               there
               were
               made
               
                 Justiciarii
                 super
                 totum
                 Navigium
                 Angliae
              
               ,
               &c.
               which
               with
               divers
               Records
               of
               Henry
               the
               third
               may
               be
               added
               to
               the
               Admiral
               :
               or
               
                 Saxon
                 Aen
                 Mere
                 eal
                 ,
                 Over
                 all
                 the
                 Sea.
              
               To
               which
               much
               might
               be
               added
               from
               the
               Rolls
               of
               Hen.
               3.
               and
               Ed.
               1.
               
               But
               this
               that
               hath
               been
               said
               ,
               may
               suffice
               to
               satisfie
               some
               and
               convince
               others
               ,
               touching
               the
               Antiquity
               of
               the
               Office
               and
               Jurisdiction
               of
               the
               High
               Admiralty
               of
               England
               .
            
             
               For
               the
               Utility
               of
               this
               Ancient
               Jurisdiction
               of
               the
               Admiralty
               in
               this
               Kingdome
               of
               
               Great
               Brittain
               ,
               if
               you
               have
               retrospect
               to
               the
               Honour
               thereof
               in
               Precedent
               Generations
               ,
               Antiquity
               can
               witness
               with
               what
               effectual
               success
               (
               if
               not
               to
               the
               nonplus
               of
               Neighbour-Nations
               )
               the
               
                 Dominium
                 Maris
                 Brittanici
              
               hath
               been
               from
               Age
               to
               Age
               Judicially
               asserted
               ;
               If
               you
               consider
               the
               plenty
               and
               splendour
               of
               a
               flourishing
               Kingdome
               ,
               the
               present
               Generation
               cannot
               yet
               forget
               to
               give
               ample
               testimony
               thereof
               in
               reference
               to
               the
               Trade
               and
               Commerce
               of
               this
               Nation
               ;
               And
               if
               you
               will
               not
               be
               so
               irregular
               as
               to
               deny
               the
               Consequence
               that
               naturally
               flowes
               from
               these
               Premises
               ,
               you
               cannot
               but
               inferre
               this
               Positive
               Conclusion
               ,
               That
               the
               succeeding
               Generations
               are
               like
               to
               suffer
               as
               well
               an
               Eclipse
               of
               their
               Honour
               ,
               as
               an
               Abatement
               of
               interest
               ,
               without
               the
               influence
               of
               that
               Jurisdiction
               ;
               Insomuch
               
               as
               the
               late
               Cardinal
               (
               save
               one
               )
               of
               France
               did
               wisely
               (
               according
               to
               the
               last
               cited
               Authour
               )
               dispose
               ,
               or
               rather
               retain
               that
               Office
               ,
               as
               the
               best
               Jewel
               of
               that
               Kingdome
               ,
               which
               yet
               must
               yield
               to
               this
               .
               But
               in
               a
               word
               ,
               the
               Jurisdiction
               of
               the
               Admiralty
               of
               England
               may
               not
               unaptly
               be
               compared
               to
               that
               Tree
               in
               the
               Island
               of
               Fierro
               ,
               being
               one
               of
               the
               
                 Sept.
                 insulae
              
               of
               the
               Canaries
               ,
               which
               as
               
               Historians
               tell
               us
               ,
               doth
               with
               the
               droppings
               of
               his
               leaves
               yield
               water
               for
               the
               sustenance
               of
               the
               whole
               Island
               ;
               It
               is
               farther
               added
               ,
               that
               the
               Moors
               having
               taken
               that
               Island
               from
               the
               Christians
               ,
               attempted
               to
               fell
               down
               that
               Tree
               ,
               but
               each
               blow
               recoyled
               on
               the
               striker
               .
               
               The
               former
               part
               of
               this
               strange
               Relation
               with
               a
               small
               variation
               passes
               for
               a
               Truth
               ,
               as
               known
               unto
               and
               acknowledged
               by
               most
               of
               the
               Ancient
               Travellers
               and
               Geographers
               ;
               The
               other
               part
               being
               probably
               but
               a
               fabulous
               Addition
               ,
               
                 To
                 keep
                 hands
                 off
              
               ,
               has
               not
               (
               as
               the
               other
               )
               the
               Credit
               of
               an
               Application
               .
               To
               conclude
               ,
               if
               this
               Chapter
               seems
               to
               a
               Genius
               more
               ratified
               by
               acuteness
               for
               Apprehension
               ,
               then
               endued
               with
               Patience
               for
               Expectation
               ,
               more
               prolix
               then
               may
               be
               regularly
               consistent
               with
               a
               Treatise
               only
               by
               way
               of
               Summary
               view
               ,
               let
               him
               only
               consider
               ,
               that
               where
               Eagle-eyes
               ,
               who
               are
               seldome
               dazeled
               with
               too
               much
               light
               ,
               are
               to
               be
               dealt
               with
               ,
               it
               may
               be
               less
               dis-ingenious
               to
               borrow
               a
               Point
               of
               Expatiation
               ,
               then
               to
               remain
               too
               much
               in
               debt
               to
               the
               Truth
               for
               want
               of
               room
               to
               display
               her
               Beams
               in
               .
            
          
           
             
               CHAP.
               IV.
               
            
             
               of
               Persons
               
                 Maritime
                 ;
                 As
                 also
                 ,
                 of
                 such
              
               Things
               
                 as
                 are
                 properly
                 Cognizable
                 within
                 the
                 Jurisdiction
                 of
                 the
                 Admiralty
                 of
              
               England
               ;
               
                 And
                 in
                 what
                 method
                 it
                 proceeds
                 to
                 Judgement
                 .
              
            
             
               THere
               are
               but
               three
               things
               that
               seem
               specially
               to
               illustrate
               the
               splendour
               of
               a
               Jurisdiction
               ,
               
                 viz.
                 Sceptrum
                 Majestatis
              
               ,
               or
               
               the
               Power
               and
               Legal
               Authority
               of
               the
               Prince
               ,
               as
               to
               the
               Constitution
               thereof
               ;
               
                 Codex
                 Administrationis
              
               ,
               or
               the
               Right
               Administration
               of
               Justice
               ;
               and
               
                 Gladii
                 potestas
                 ,
                 vel
                 Gladius
                 Executionis
                 ,
              
               or
               the
               Coercive
               power
               .
               a
               That
               Jurisdictions
               thus
               constituted
               are
               
                 inter
                 Regalia
                 Principum
              
               ,
               no
               person
               not
               dis-principled
               will
               deny
               ;
               So
               as
               what
               was
               long
               since
               the
               Law
               as
               to
               the
               Emperour
               in
               point
               of
               Jurisdiction
               within
               the
               Empire
               ,
               
                 Imperator
                 quoad
                 Jurisdictionalia
                 Dominus
                 totius
                 mundi
                 appellatur
                 ,
              
               b
               is
               the
               same
               and
               as
               true
               in
               absolute
               Kings
               and
               Princes
               within
               their
               own
               Kingdomes
               ,
               Dominions
               ,
               Principalities
               and
               Territories
               ;
               And
               no
               wonder
               ,
               in
               that
               Kings
               and
               Princes
               
                 tantum
                 possunt
                 in
                 suo
                 statu
                 ,
                 quantum
                 Imperator
                 in
                 Imperio
                 .
              
               c
               Some
               without
               lisping
               say
               ,
               that
               a
               King
               in
               his
               Kingdome
               hath
               a
               farre
               greater
               right
               and
               interest
               ,
               then
               the
               Emperour
               hath
               in
               the
               Empire
               ;
               for
               that
               a
               King
               is
               
                 Loco
                 Domini
              
               ,
               and
               his
               Kingdome
               is
               more
               assimilated
               unto
               &
               hath
               a
               greater
               resemblance
               with
               that
               which
               is
               Dominiū
               ,
               properly
               so
               called
               ,
               then
               with
               that
               which
               is
               but
               simply
               Regimen
               .
               d
               The
               Emperour
               is
               not
               Proprietarius
               ,
               but
               chief
               Governour
               of
               the
               Empire
               ;
               e
               And
               that
               only
               by
               Election
               ,
               not
               by
               Succession
               as
               the
               other
               .
               f
               Now
               as
               the
               Seas
               belong
               to
               Princes
               in
               respect
               of
               Jurisdiction
               and
               Protection
               ;
               g
               So
               also
               in
               them
               properly
               resides
               the
               Right
               and
               Power
               of
               Commissionating
               Ministers
               of
               Justice
               for
               the
               due
               Exercise
               and
               Administration
               thereof
               ,
               in
               decision
               of
               all
               matters
               ,
               
               whether
               Civil
               or
               Criminal
               within
               their
               Cognizance
               according
               to
               the
               known
               Laws
               of
               the
               Sea
               ,
               not
               contradicting
               the
               Statute
               or
               Municipal
               Laws
               of
               that
               Kingdome
               or
               State
               ,
               whereof
               the
               said
               Prince
               is
               next
               and
               immediately
               under
               God
               Supreme
               .
               h
            
             
               As
               to
               Persons
               Maritime
               ,
               it
               might
               be
               considered
               who
               they
               are
               that
               more
               peculiarly
               are
               of
               Marine
               capacities
               ,
               and
               properly
               may
               be
               said
               to
               be
               within
               the
               Jurisdiction
               of
               the
               Admiralty
               ;
               what
               their
               Rights
               ,
               Priviledges
               and
               Immunities
               are
               ;
               and
               what
               their
               Office
               or
               Duty
               respectively
               is
               ;
               Likewise
               as
               to
               Things
               properly
               Maritime
               ,
               it
               might
               be
               considered
               either
               as
               they
               be
               in
               respect
               of
               the
               actions
               thence
               arising
               ,
               Civile
               ,
               and
               respecting
               only
               
                 Commodum
                 Privatum
              
               ,
               between
               party
               and
               party
               ,
               whether
               it
               be
               Contractus
               or
               
                 quasi
                 Contractus
              
               ,
               either
               by
               any
               Perpetual
               known
               Rights
               ,
               or
               by
               some
               Casual
               Occurrence
               ;
               Or
               Criminal
               ,
               and
               respecting
               the
               Fiscus
               in
               reference
               
                 ad
                 utilitatem
                 Publicam
              
               ;
               but
               that
               the
               design
               of
               this
               Treatise
               is
               not
               to
               expatiate
               in
               the
               Law
               on
               any
               of
               these
               ,
               but
               only
               (
               as
               most
               adequate
               to
               a
               Summary
               view
               of
               the
               Admiral
               Jurisdiction
               )
               to
               touch
               
                 quasi
                 in
                 transitu
              
               what
               referres
               to
               each
               of
               these
               under
               its
               own
               proper
               head
               ,
               and
               no
               farther
               then
               may
               be
               of
               use
               for
               the
               clearer
               discovery
               of
               the
               subject
               matter
               of
               the
               Jurisdiction
               of
               the
               Admiralty
               of
               England
               ;
               without
               engaging
               into
               Controversal
               points
               ;
               chusing
               rather
               in
               a
               Treatise
               so
               compendious
               to
               be
               wind-bound
               
               in
               our
               own
               Ports
               ,
               then
               to
               lanch
               forth
               into
               the
               wide
               Ocean
               of
               the
               Maritime
               Laws
               touching
               this
               Subject
               ,
               specially
               in
               an
               English
               Bottome
               ,
               having
               an
               eye
               to
               the
               Burden
               of
               the
               Vessel
               ,
               and
               for
               whose
               accompt
               this
               Cargo
               was
               first
               shipp'd
               ,
               whither
               bound
               ,
               and
               for
               whom
               consigned
               ;
               as
               also
               how
               disadvantageous
               it
               might
               prove
               for
               the
               Principals
               to
               have
               the
               returns
               of
               their
               expectation
               only
               in
               the
               Arbitrary
               altercations
               of
               cross-opinions
               ,
               rather
               then
               in
               such
               stapletruths
               of
               the
               Law
               as
               are
               not
               only
               currant
               in
               all
               the
               Navigable
               parts
               of
               the
               world
               ,
               but
               of
               most
               use
               and
               practice
               in
               the
               Admiralty
               of
               England
               .
               For
               these
               reasons
               the
               Reader
               may
               expect
               only
               a
               taste
               of
               Admirall
               varieties
               ,
               and
               therein
               no
               more
               then
               may
               serve
               to
               excite
               his
               impatience
               after
               the
               excellency
               of
               that
               which
               in
               a
               set
               Treatise
               for
               this
               purpose
               might
               in
               its
               proper
               Dialect
               and
               due
               Latitude
               be
               emitted
               by
               an
               abler
               Artist
               .
            
             
               All
               Maritime
               affairs
               are
               regulated
               chiefly
               by
               the
               Emperial
               Laws
               ,
               the
               Rhodian
               Laws
               ,
               the
               Laws
               of
               Oleron
               ,
               or
               by
               certain
               peculiar
               and
               Municipal
               Laws
               and
               Constitutions
               appropriated
               to
               certain
               Cities
               ,
               Towns
               and
               Countries
               bordering
               on
               the
               Sea
               ,
               within
               or
               without
               the
               Mediterranean
               ,
               calculated
               for
               their
               proper
               Meridian
               ;
               or
               by
               those
               Maritime
               Customes
               and
               Prescriptions
               or
               Perpetual
               Rights
               which
               are
               between
               Merchants
               and
               Mariners
               ,
               each
               with
               other
               ,
               or
               each
               among
               themselves
               .
               This
               Maritime
               Government
               
               and
               Jurisdiction
               is
               by
               the
               King
               as
               Supreme
               ,
               as
               well
               by
               Sea
               as
               at
               Land
               ,
               concredited
               with
               the
               Lord
               high
               Admiral
               of
               England
               ,
               who
               next
               and
               immediately
               under
               the
               Prince
               hath
               the
               chief
               Command
               at
               Sea
               ,
               and
               of
               Sea-affairs
               at
               Land.
               This
               Lord
               high
               Admiral
               hath
               several
               Officers
               under
               him
               ,
               some
               of
               a
               higher
               ,
               others
               of
               a
               lower
               form
               ;
               Some
               at
               Land
               ,
               others
               at
               Sea
               ;
               some
               of
               a
               Military
               ,
               others
               of
               a
               Civil
               Capacity
               ;
               some
               Judicial
               ,
               others
               Ministerial
               .
               Such
               as
               are
               Chief
               in
               the
               Judicial
               Capacity
               are
               in
               the
               Law
               known
               by
               the
               style
               of
               Magisteriani
               ,
               
               or
               Judges
               of
               Sea-faring
               debates
               and
               all
               Maritime
               controversies
               ;
               whereof
               one
               being
               the
               
                 Judex
                 ad
                 quem
              
               in
               all
               Maritime
               causes
               of
               appeal
               from
               inferiour
               Courts
               of
               Admiralty
               ,
               is
               with
               us
               known
               by
               the
               style
               of
               
                 Supremae
                 Curiae
                 Admirallitatis
                 Angliae
                 Judex
              
               ;
               within
               whose
               cognizance
               in
               right
               of
               the
               Jurisdiction
               of
               the
               Admiralty
               by
               the
               Sea-Laws
               ,
               the
               Laws
               and
               Customes
               of
               the
               Admiralty
               of
               England
               ,
               are
               comprized
               all
               matters
               properly
               Maritime
               or
               any
               way
               pertaining
               to
               Navigation
               .
               The
               Judicial
               Proceedings
               wherein
               are
               Summary
               ,
               
                 Velo
                 Levato
                 ,
                 &
                 sine
                 figura
                 Judicii
                 .
              
               As
               by
               warrant
               of
               arrest
               or
               other
               Original
               Mandate
               ;
               Execution
               and
               Return
               thereof
               ;
               Interposition
               of
               Caution
               given
               by
               the
               arrested
               for
               his
               Legal
               Appearance
               according
               to
               the
               tenor
               of
               the
               said
               Warrant
               of
               Arrest
               ;
               Appearance
               and
               Introduction
               of
               Sureties
               by
               way
               of
               Stipulation
               or
               Judicial
               Recognizance
               
               in
               the
               summe
               of
               the
               Action
               ,
               
                 de
                 judicio
                 sisti
                 ,
                 de
                 judicato
                 &
                 expensis
                 solvendis
                 ,
                 cum
                 ratihabitione
                 Procuratorii
              
               ;
               as
               also
               the
               Plaintiffs
               caution
               to
               pay
               costs
               in
               case
               he
               fail
               in
               his
               suit
               ;
               Contempt
               in
               case
               of
               non-appearance
               ,
               and
               forfeiture
               of
               the
               said
               caution
               in
               case
               of
               such
               contempt
               ;
               offering
               the
               Libel
               in
               case
               of
               Appearance
               ;
               Litis
               contestation
               or
               joyning
               of
               issue
               ;
               Decree
               for
               the
               Defendants
               personal
               Answer
               upon
               Oath
               to
               the
               said
               Libel
               exhibited
               against
               him
               ;
               a
               Decree
               for
               a
               
                 viis
                 &
                 modis
              
               in
               case
               of
               a
               
                 Non
                 Inventus
              
               ;
               a
               Decree
               against
               the
               sureties
               to
               produce
               the
               party
               Principal
               
                 in
                 judicio
              
               ;
               Production
               of
               him
               accordingly
               ;
               his
               answer
               upon
               Oath
               to
               the
               Libel
               ;
               Production
               of
               Witnesses
               ;
               Compulsory
               against
               such
               Witnesses
               as
               will
               not
               appear
               without
               it
               ;
               Commission
               for
               examining
               of
               Witnesses
               at
               home
               ,
               or
               
                 sub
                 mutuae
                 vicissitudinis
                 obtentu
              
               beyond
               Sea
               ;
               The
               Oath
               of
               Calumny
               by
               both
               parties
               ,
               if
               they
               please
               ;
               Exception
               against
               the
               Witnesses
               ;
               The
               Supplementary
               Oath
               ;
               Exhibition
               of
               Instruments
               ;
               Publication
               of
               Witnesses
               ;
               Conclusion
               of
               the
               Cause
               ;
               Sentence
               Definitive
               ;
               Appeal
               made
               
               within
               fifteen
               days
               of
               the
               said
               Sentence
               ;
               Assignment
               
                 ad
                 prosequendum
              
               ,
               Prosecution
               of
               the
               Appeal
               ;
               Remission
               of
               the
               Cause
               to
               the
               Judge
               
                 A
                 Quo
              
               ;
               Decree
               for
               Execution
               ,
               and
               Sentence
               executed
               accordingly
               .
               Beside
               the
               other
               way
               of
               proceeding
               by
               arrest
               of
               goods
               ,
               or
               of
               goods
               in
               other
               mens
               hands
               ,
               and
               so
               to
               a
               
                 Primum
                 Decretum
              
               (
               as
               
               to
               the
               Possession
               )
               upon
               four
               Defaults
               ;
               and
               thence
               after
               one
               year
               )
               to
               a
               
                 Secundum
                 Decretum
              
               (
               as
               to
               the
               Propriety
               )
               in
               case
               of
               Nonintervention
               (
               upon
               laying
               down
               the
               costs
               of
               the
               
                 Prim.
                 Decret
                 .
              
               )
               in
               the
               interim
               .
               In
               the
               Proceedings
               there
               may
               be
               also
               Reconvention
               ,
               also
               sequestration
               of
               goods
               
                 lite
                 pendente
              
               ;
               and
               sentence
               Interlocutory
               ,
               as
               well
               as
               Definitive
               ;
               with
               many
               other
               particulars
               which
               may
               or
               may
               not
               happen
               according
               as
               the
               Court
               sees
               cause
               and
               the
               merits
               of
               the
               Case
               require
               .
            
             
               Within
               the
               Cognizance
               of
               this
               Jurisdiction
               are
               all
               affairs
               that
               peculiarly
               concern
               the
               Lord
               high
               Admiral
               ,
               or
               any
               of
               his
               Officers
               quatenus
               such
               ;
               all
               matters
               immediately
               relating
               to
               the
               Navies
               of
               the
               Kingdome
               ,
               the
               Vessels
               of
               Trade
               ,
               and
               the
               Owners
               thereof
               ,
               as
               such
               ;
               all
               affairs
               relating
               to
               Mariners
               ,
               whether
               Ship-Officers
               or
               common
               Mariners
               ,
               their
               Rights
               and
               Priviledges
               respectively
               ;
               their
               office
               and
               duty
               ;
               their
               wages
               ;
               their
               offences
               ,
               whether
               by
               wilfulness
               ,
               casualty
               ,
               ignorance
               ,
               negligence
               ,
               or
               insufficiency
               ,
               with
               their
               punishments
               .
               Also
               all
               affairs
               of
               Commanders
               at
               Sea
               ,
               and
               their
               under-officers
               ,
               with
               their
               respective
               duties
               ,
               priviledges
               ,
               immunities
               ,
               offences
               ,
               and
               punishments
               .
               In
               like
               manner
               all
               matters
               that
               cnocern
               Owners
               and
               Proprietors
               of
               ships
               ,
               as
               such
               ;
               and
               all
               Masters
               ,
               Pilots
               ,
               Steersmen
               ,
               Boteswains
               ,
               and
               other
               ship-Officers
               ;
               all
               Ship-wrights
               ,
               Fisher-men
               ,
               Ferry-men
               ,
               and
               the
               like
               ;
               Also
               all
               causes
               of
               Seizures
               and
               
               Captures
               made
               at
               Sea
               whether
               
                 jure
                 Belli
                 Publici
              
               ,
               or
               
                 jure
                 Belli
                 Privati
              
               by
               way
               of
               Reprizals
               ,
               or
               
                 jure
                 nullo
              
               by
               way
               of
               Piracy
               ;
               Also
               all
               Charter-parties
               ,
               Cocquets
               ,
               Bills
               of
               Lading
               ,
               Sea-Commissions
               ,
               Letters
               of
               safe
               Conduct
               ,
               Factories
               ,
               Invoyces
               ,
               Skippers
               Rolls
               ,
               Inventories
               ,
               and
               other
               Ship-papers
               ;
               Also
               all
               causes
               of
               Fraight
               ,
               Mariners
               wages
               ,
               Load-manage
               ,
               Port-charges
               ,
               Pilotage
               ,
               Anchorage
               ,
               and
               the
               like
               ;
               Also
               all
               causes
               of
               Maritime
               Contracts
               indeed
               ,
               or
               
                 as
                 it
                 were
              
               Contracts
               ,
               whether
               upon
               or
               beyond
               the
               Seas
               ;
               all
               causes
               of
               mony
               lent
               to
               Sea
               or
               upon
               the
               Sea
               ,
               called
               
                 Foenus
                 Nauticum
                 ,
                 Pecunia
                 trajectitia
                 ,
                 usura
                 maritima
                 ,
                 Bomarymony
                 ,
              
               the
               Gross
               Adventure
               ,
               and
               the
               like
               ;
               all
               causes
               of
               pawning
               ,
               hypothecating
               ,
               or
               pledging
               of
               the
               ship
               it self
               ,
               or
               any
               part
               thereof
               ,
               or
               her
               Lading
               ,
               or
               other
               things
               at
               Sea
               ;
               all
               causes
               of
               Jactus
               ,
               or
               casting
               goods
               over
               board
               ;
               and
               Contributions
               either
               for
               Redemption
               of
               Ship
               or
               Lading
               in
               case
               of
               seizure
               by
               Enemies
               or
               Pyrats
               ,
               or
               in
               case
               of
               goods
               damnified
               ,
               or
               disburdening
               of
               ships
               ,
               or
               other
               chances
               ,
               with
               Average
               ;
               also
               all
               causes
               of
               spoil
               and
               depredations
               at
               Sea
               ,
               Robberies
               and
               Pyracies
               ;
               also
               all
               causes
               of
               Naval
               Consort-ships
               ,
               whether
               in
               War
               or
               Peace
               ;
               Ensurance
               ,
               Mandates
               ,
               Procurations
               ,
               Payments
               ,
               Acceptilations
               ,
               Discharges
               ,
               Loans
               or
               Oppignorations
               ,
               Emptions
               ,
               Venditions
               ,
               Conventions
               ,
               taking
               or
               letting
               to
               Fraight
               ,
               Exchanges
               ,
               Partnership
               ,
               Factoridge
               ,
               Passagemony
               ,
               and
               whatever
               is
               of
               Maritime
               nature
               ,
               
               either
               by
               way
               of
               Navigation
               upon
               the
               Sea
               ,
               or
               of
               Negotiation
               at
               or
               beyond
               the
               Sea
               in
               the
               way
               of
               Marine
               Trade
               and
               Commerce
               ;
               also
               the
               Nautical
               Right
               which
               Maritime
               persons
               have
               in
               ships
               ,
               their
               Appar●●
               ,
               Tackle
               ,
               Furniture
               ,
               Lading
               ,
               and
               all
               things
               pertaining
               to
               Navigation
               ;
               also
               all
               causes
               of
               Out-readers
               ,
               or
               Out-riggers
               ,
               Furnishers
               ,
               Hirers
               ,
               Fraighters
               ,
               Owners
               ,
               Part-owners
               of
               ships
               ,
               as
               such
               ;
               also
               all
               causes
               of
               Priviledged
               ships
               ,
               or
               Vessels
               in
               his
               Majesties
               Service
               or
               his
               Letters
               of
               
                 safe
                 Conduct
              
               ;
               also
               all
               causes
               of
               shipwrack
               at
               Sea
               ,
               Flotson
               ,
               Jetson
               ,
               Lagon
               ,
               Waiffs
               ,
               Deodands
               ,
               Treasure-Trove
               ,
               Fishes-Royal
               ;
               with
               the
               Lord
               Admirals
               shares
               ,
               and
               the
               Finders
               respectively
               ;
               also
               all
               causes
               touching
               Maritime
               offences
               or
               misdemeanours
               ,
               such
               as
               cutting
               the
               Bovy-Rope
               or
               Cable
               ,
               removal
               of
               an
               Anchor
               whereby
               any
               Vessel
               is
               moared
               ,
               the
               breaking
               the
               Lord
               Admiral
               's
               Arrests
               made
               either
               upon
               person
               ,
               ship
               ,
               or
               goods
               ;
               Breaking
               Arrests
               on
               ships
               for
               the
               King's
               Service
               ,
               being
               punishable
               with
               Confiscation
               by
               the
               Ordinance
               made
               at
               Grimsby
               in
               the
               the
               time
               of
               Rich.
               1.
               
               Mariners
               absenting
               themselves
               from
               the
               Kings
               Service
               after
               their
               being
               prest
               .
               Impleading
               upon
               a
               Maritine
               Contract
               or
               in
               a
               Maritime
               Cause
               elsewhere
               then
               in
               the
               Admiralty
               ,
               contrary
               to
               .
               the
               Ordinance
               made
               at
               Hastings
               by
               Ed.
               1.
               and
               contrary
               to
               the
               Laws
               and
               Customes
               of
               the
               Admiralty
               of
               England
               ;
               Forestalling
               of
               Corn
               ,
               Fish
               ,
               &c.
               on
               ship-board
               ,
               regrating
               ,
               
               and
               exaction
               of
               water-osficers
               ;
               the
               appropriating
               the
               benefit
               of
               Salt-waters
               to
               private
               use
               exclusively
               to
               others
               without
               his
               Majesties
               Licence
               ;
               Kiddles
               ,
               Wears
               ,
               Blind
               stakes
               ,
               Water-mills
               ,
               and
               the
               like
               ,
               to
               the
               obstruction
               of
               Navigation
               in
               great
               Rivers
               ;
               False
               weights
               or
               measures
               on
               ship-board
               ;
               Concealings
               of
               goods
               found
               about
               the
               dead
               
               within
               the
               Admiral
               Jurisdiction
               ,
               or
               of
               Flotsons
               ,
               Jetsons
               ,
               Lagons
               ,
               Waiffs
               ,
               Deodands
               ,
               
                 Fishes
                 Royal
              
               ,
               or
               other
               things
               wherein
               the
               Kings
               Majesty
               or
               his
               Lord
               Admiral
               have
               interest
               ;
               Excessive
               wages
               claimed
               by
               Ship-wrights
               ,
               Mariners
               ,
               &c.
               
               Maintainers
               ,
               Abettors
               ,
               Receivers
               ,
               Concealers
               or
               Comforters
               of
               Pyrats
               ;
               Transporting
               Prohibited
               goods
               without
               Licence
               ;
               Draggers
               of
               Oysters
               and
               Muscles
               at
               unseasonable
               times
               ,
               viz.
               between
               May-day
               ,
               and
               Holy-rood-day
               ;
               Destroyers
               of
               the
               brood
               or
               young
               Fry
               of
               Fish
               ;
               such
               as
               claim
               Wreck
               to
               to
               the
               prejudice
               of
               the
               King
               or
               Lord
               Admiral
               ;
               such
               as
               unduly
               claim
               priviledges
               in
               a
               Port
               ;
               Disturbers
               of
               the
               Admiral
               Officers
               in
               execution
               of
               the
               Court-Decrees
               ;
               Water-Bayliffs
               and
               Searchers
               not
               doing
               their
               duty
               ;
               Corruption
               in
               any
               of
               the
               Admiral-Court-Officers
               ;
               Importers
               of
               unwholesome
               Victuals
               to
               the
               peoples
               prejudice
               ;
               Fraighters
               of
               strangers
               Vessels
               contrary
               to
               the
               Law
               ;
               Transporters
               of
               ptisoners
               or
               other
               prohibited
               persons
               not
               having
               Letters
               of
               safe
               Conduct
               from
               the
               King
               or
               his
               Lord
               Admiral
               ;
               Casters
               of
               Ballasts
               into
               
               Ports
               or
               Harbours
               ,
               to
               the
               prejudice
               thereof
               ;
               Unskilful
               Pilots
               ,
               whereby
               ship
               or
               man
               perish
               ;
               Unlawful
               Nets
               ,
               or
               other
               prohibited
               Engines
               for
               Fish
               ;
               Disobeying
               of
               Embargos
               ,
               or
               going
               to
               Sea
               contrary
               to
               the
               Prince
               his
               command
               ,
               or
               against
               the
               Law
               ;
               Furnishing
               the
               ships
               of
               Enemies
               ,
               or
               the
               Enemy
               with
               ships
               ;
               All
               prejudice
               done
               to
               the
               Banks
               of
               Navigable
               Rivers
               ,
               or
               to
               Docks
               ,
               Wharsfs
               ,
               Keys
               ,
               or
               any
               thing
               whereby
               Shipping
               may
               be
               endangered
               ,
               Navigation
               obstructed
               ,
               or
               Trade
               by
               Sea
               impeded
               ;
               Also
               embezilments
               of
               ship-tackle
               or
               furniture
               ;
               all
               substractions
               of
               Mariners
               wages
               ;
               all
               defraudings
               of
               his
               Majesties
               Customes
               or
               other
               Duties
               at
               Sea
               ;
               also
               all
               prejudices
               done
               to
               or
               by
               passengers
               a
               shipboard
               ;
               and
               all
               damages
               done
               by
               one
               ship
               or
               Vessel
               to
               another
               ;
               also
               to
               go
               to
               Sea
               in
               tempestuous
               weather
               ,
               to
               sail
               in
               devious
               places
               ,
               or
               among
               Enemies
               ,
               Pyrats
               ,
               Rocks
               ,
               or
               other
               dangerous
               places
               ,
               being
               not
               necessitated
               thereto
               ;
               all
               clandestine
               attempts
               by
               making
               privy
               Cork-holes
               in
               the
               Vessel
               ,
               or
               otherwise
               ,
               with
               intent
               to
               destroy
               or
               endanger
               the
               ship
               ;
               Also
               the
               shewing
               of
               false
               Lights
               by
               Night
               either
               on
               shore
               or
               in
               Fishing
               Vessels
               ,
               or
               the
               like
               ,
               on
               purpose
               to
               intice
               Sailers
               ,
               to
               the
               hazard
               of
               their
               Vessels
               ;
               all
               wilful
               or
               purposed
               entertaining
               of
               unskilful
               Masters
               ,
               Pilots
               or
               Mariners
               ,
               or
               sailing
               without
               a
               Pilot
               ,
               or
               in
               Leaky
               and
               insufficient
               Vessels
               ;
               also
               the
               over-burdening
               the
               ship
               above
               her
               birth-mark
               ,
               and
               all
               
               ill
               stowage
               of
               goods
               a
               shipboard
               ;
               also
               all
               Importation
               of
               Contrabanda
               goods
               ,
               or
               Exportation
               of
               goods
               to
               prohibited
               Ports
               ,
               or
               the
               places
               not
               designed
               ;
               together
               with
               very
               many
               other
               things
               relating
               either
               to
               the
               state
               or
               condition
               of
               persons
               Maritime
               ,
               their
               rights
               ,
               their
               duties
               ,
               or
               their
               defaults
               ;
               all
               which
               only
               to
               enumerate
               would
               require
               a
               Volume
               of
               it self
               ;
               These
               therefore
               may
               suffice
               for
               a
               hint
               of
               persons
               and
               things
               properly
               Cognizable
               within
               the
               Jurisdiction
               of
               the
               Admiralty
               of
               England
               ;
               Omitting
               what
               might
               be
               here
               likewise
               added
               as
               to
               the
               Naval
               Military
               part
               within
               the
               Cognizance
               of
               the
               said
               Jurisdiction
               ;
               As
               that
               ships
               in
               the
               Brittish
               Seas
               not
               amaining
               at
               the
               first
               Summons
               to
               any
               of
               his
               Majesties
               ships
               ,
               may
               be
               assaulted
               and
               taken
               as
               Enemies
               ;
               That
               no
               Prize
               ought
               to
               be
               carried
               from
               the
               Fleet
               without
               the
               Admirals
               leave
               ;
               That
               all
               above
               hatches
               ,
               saving
               the
               ship-furniture
               ,
               ought
               upon
               a
               seizure
               
                 jure
                 belli
              
               to
               goe
               to
               the
               Captors
               ;
               That
               the
               Vessels
               of
               Forraigners
               met
               with
               at
               Sea
               ,
               may
               be
               visited
               and
               examined
               ,
               if
               suspected
               ,
               specially
               in
               times
               of
               Warre
               ,
               their
               Cocquets
               ,
               Pasports
               ,
               Charter-parties
               ,
               Invoyces
               ,
               Bills
               of
               Lading
               ,
               Ship-Roll
               ,
               with
               other
               Instruments
               &
               ship-papers
               perused
               ,
               that
               so
               ,
               if
               there
               be
               cause
               ,
               they
               may
               be
               brought
               before
               the
               Admiral
               .
            
             
               There
               are
               many
               other
               particulars
               ,
               referring
               as
               well
               to
               the
               Civil
               as
               to
               the
               Criminal
               part
               of
               this
               Jurisdiction
               ,
               which
               might
               be
               here
               inserted
               ;
               but
               the
               design
               of
               this
               Compendious
               
               Treatise
               being
               (
               as
               formerly
               hinted
               )
               rather
               to
               touch
               then
               handle
               things
               ,
               it
               may
               not
               be
               expected
               that
               the
               great
               Continent
               of
               the
               Admiralty
               should
               be
               comprized
               in
               so
               small
               a
               Map.
               To
               conclude
               therefore
               with
               that
               great
               Oracle
               of
               the
               Civil
               Law
               ,
               Baldus
               ,
               touching
               the
               Marine
               Jursdiction
               .
               
                 In
                 mari
                 Jurisdictio
                 est
                 ,
                 sicut
                 in
                 terra
                 .
              
               
               
                 Nam
                 Mare
                 in
                 terra
              
               (
               h.
               e.
               )
               
                 in
                 alveo
                 suo
                 fundatum
                 est
                 ,
                 quum
                 Terra
                 sit
                 inferior
                 Sphaera
                 :
                 &
                 videmus
                 de
                 jure
                 Gentium
                 ,
                 in
                 mari
                 esse
                 Regna
                 distincta
                 sicut
                 in
                 arida
                 terra
                 :
                 Ergo
                 &
                 Jus
                 Civile
                 (
                 id
                 est
                 )
                 Praesciptio
                 illud
                 idem
                 potest
                 (
                 in
                 mari
                 scilicet
                 quod
                 in
                 terra
                 )
                 operari
                 .
              
               So
               that
               all
               such
               ,
               as
               out
               of
               a
               subtile
               humour
               would
               fain
               insinuate
               into
               the
               world
               ,
               as
               if
               there
               were
               no
               such
               thing
               as
               
                 Jurisdictio
                 maris
              
               ,
               or
               
                 Dominium
                 maris
              
               ,
               with
               its
               prescript
               limits
               and
               bounds
               (
               some
               arguing
               from
               the
               perpetual
               motion
               of
               that
               liquid
               element
               ;
               Others
               ,
               from
               a
               supposed
               parity
               between
               the
               Sea
               and
               the
               Air
               in
               point
               of
               Community
               )
               are
               by
               this
               Learned
               Oracle
               left
               without
               any
               hopes
               or
               possibility
               of
               the
               least
               Orthodox
               support
               for
               their
               Anti-thalas-monarchical
               opinion
               ;
               For
               in
               this
               place
               he
               is
               positive
               ,
               That
               both
               the
               Jurisdiction
               and
               the
               Dominion
               of
               the
               Sea
               ,
               with
               their
               distinct
               limits
               and
               bounds
               ,
               as
               well
               as
               that
               of
               the
               Land
               ,
               are
               duly
               constituted
               ,
               and
               that
               not
               by
               force
               and
               power
               ,
               but
               by
               Law
               ,
               not
               only
               by
               the
               Civil
               ,
               but
               also
               by
               the
               Law
               of
               Nations
               ;
               and
               this
               not
               in
               the
               Emperours
               alone
               ,
               but
               also
               in
               such
               
               Kingdomes
               and
               States
               as
               by
               Prescription
               ,
               Custome
               ,
               or
               otherwise
               may
               claim
               the
               same
               .
            
          
           
             
               CHAP.
               V.
               
            
             
               Of
               Laws
               and
               Jurisdictions
               
                 in
                 general
                 ;
                 with
                 the
                 several
                 kinds
                 and
                 degrees
                 thereof
                 .
              
            
             
               IT
               is
               recorded
               in
               the
               Historical
               part
               of
               the
               Law
               by
               that
               famous
               Lawyer
               of
               
                 Millayne
                 ,
                 Jason
                 Maynus
              
               ,
               (
               who
               flourished
               about
               the
               year
               of
               our
               Lord
               1500
               ,
               and
               taught
               at
               Padua
               ,
               where
               he
               dyed
               Anno
               1519.
               a
               upon
               this
               subject
               of
               Jurisdictions
               ,
               that
               
                 Raphael
                 Fulgosius
              
               ,
               that
               
                 Jaspis
                 virtutum
                 ,
                 utroque
                 jure
                 stupor
                 ,
              
               as
               his
               Epitaph
               in
               S.
               Anthonies
               Church
               at
               Padua
               (
               where
               he
               also
               dyed
               above
               one
               hundred
               years
               before
               the
               other
               )
               styles
               him
               ,
               b
               when
               he
               was
               a
               young
               Student
               in
               the
               Laws
               ,
               was
               wont
               to
               say
               that
               of
               other
               matters
               and
               points
               of
               Law
               he
               could
               attain
               to
               some
               understanding
               by
               his
               private
               study
               and
               chamber-disquisitions
               ,
               but
               in
               this
               point
               of
               Jurisdictions
               he
               could
               understand
               nothing
               at
               all
               but
               what
               he
               heard
               in
               the
               Schools
               
                 Voce
                 Magistra
              
               .
               c
               Of
               such
               difficulty
               is
               the
               subject
               matter
               of
               this
               Treatise
               ,
               and
               yet
               with
               what
               confidence
               do
               some
               illiterate
               persons
               ,
               (
               like
               boyes
               at
               foot-ball
               )
               
               toss
               and
               play
               with
               Jurisdictions
               ,
               even
               almost
               to
               the
               tripping
               up
               the
               heels
               of
               Magistracy
               it self
               .
               Jurisdictions
               are
               things
               of
               much
               tenderness
               as
               well
               as
               profoundness
               ,
               and
               must
               be
               gently
               touch'd
               as
               well
               as
               deeply
               weigh'd
               ;
               if
               persons
               in
               Juridical
               Authority
               be
               styled
               
                 Mortal
                 Gods
              
               ,
               then
               Jurisdictions
               are
               in
               some
               sense
               things
               Sacred
               ,
               and
               may
               not
               be
               approached
               unto
               but
               with
               Civil
               reverence
               ;
               Nor
               is
               the
               acquisition
               of
               the
               profound
               knowledge
               of
               the
               Law
               touching
               Jurisdictions
               a
               pomeridian
               work
               for
               sollicitous
               students
               ,
               much
               less
               obvious
               to
               rural
               capacities
               .
            
             
               A
               right
               understanding
               what
               Law
               is
               ,
               gives
               the
               clearest
               prospect
               to
               a
               discovery
               what
               Jurisdictions
               are
               ;
               the
               Civilians
               do
               succinctly
               and
               fully
               define
               
                 Law
                 ,
                 Lex
                 est
                 Sanctio
                 Sancta
                 ,
                 jubens
                 honesta
                 ,
                 prohibens
                 contraria
                 .
                 Law
              
               is
               a
               Decree
               not
               to
               be
               violated
               ,
               commanding
               things
               honest
               ,
               forbidding
               the
               contrary
               .
               Plato
               in
               his
               definition
               of
               Law
               ,
               says
               
                 It
                 is
                 a
                 Reasonable
                 Rule
                 ,
                 leading
                 and
                 directing
              
               
               
                 men
                 to
                 their
                 due
                 end
                 for
                 a
                 publick
                 good
                 ,
                 ordaining
                 penalties
                 for
                 them
                 that
                 transgress
                 ,
                 and
                 reward
                 for
                 them
                 that
                 obey
                 .
              
               And
               Cicero
               defines
               it
               to
               be
               the
               highest
               
                 and
                 chief
              
               
               
                 reason
                 graffed
                 in
                 nature
                 ,
                 commanding
                 those
                 things
                 which
                 are
                 to
                 be
                 done
                 ,
                 and
                 forbidding
                 the
                 contrary
                 .
              
               And
               of
               all
               Laws
               ,
               those
               of
               the
               Empire
               ,
               next
               to
               the
               
                 Jus
                 Divinum
              
               ,
               seem
               to
               challenge
               the
               precedency
               in
               all
               Forraign
               Kingdomes
               and
               States
               ;
               though
               in
               this
               as
               not
               in
               their
               proper
               sphere
               they
               display
               not
               their
               beams
               with
               that
               lustre
               ,
               for
               want
               of
               that
               
               encouragement
               and
               employment
               they
               deserve
               ;
               It
               is
               every
               mans
               duty
               to
               have
               the
               best
               and
               highest
               thoughts
               of
               the
               Laws
               of
               his
               own
               Country
               ,
               yet
               to
               oppose
               them
               to
               the
               Ancient
               Emperial
               Laws
               ,
               either
               as
               to
               the
               Theory
               thereof
               ,
               with
               their
               numerous
               host
               of
               most
               Learned
               Interpreters
               ,
               or
               as
               to
               the
               Practick
               ,
               in
               the
               Pleadings
               of
               the
               highest
               Courts
               of
               the
               greatest
               part
               of
               the
               Christian
               world
               ,
               in
               the
               many
               Judgements
               and
               Decisions
               of
               the
               several
               Rotes
               of
               Italy
               at
               Rome
               ,
               at
               Naples
               ,
               at
               Florence
               ,
               at
               Genoa
               ,
               at
               Bononia
               ,
               at
               Mantua
               ,
               at
               Perusium
               ,
               and
               the
               rest
               ;
               in
               the
               Judgements
               of
               the
               Imperial
               Chamber
               at
               Spire
               ,
               which
               is
               the
               last
               result
               of
               the
               German
               Nation
               ;
               in
               the
               Decisions
               of
               Granado
               and
               other
               places
               of
               Spain
               ,
               and
               other
               Kingdomes
               ;
               as
               in
               the
               Arrests
               of
               the
               several
               Courts
               of
               Parliament
               in
               France
               ,
               as
               
                 Paris
                 ,
                 Aix
                 ,
                 Burdeaux
                 ,
                 Grenoble
                 ,
              
               and
               the
               rest
               ;
               To
               oppose
               any
               Municipal
               Laws
               (
               save
               our
               own
               )
               to
               the
               Ancient
               Emperial
               Laws
               in
               the
               latitude
               aforesaid
               ,
               
                 recitasse
                 est
                 refutasse
              
               ,
               the
               very
               recital
               thereof
               is
               confutation
               enough
               ,
               saving
               the
               honour
               due
               to
               the
               Laws
               of
               our
               Native
               Country
               .
            
             
               It
               will
               not
               be
               denyed
               but
               that
               the
               
                 Great
                 Legislator
              
               of
               Heaven
               and
               Earth
               is
               the
               Fountain
               of
               all
               Laws
               ,
               that
               is
               ,
               Law
               properly
               so
               called
               ,
               had
               its
               Origination
               from
               God
               himself
               .
               This
               is
               an
               undoubted
               Position
               not
               only
               in
               
               Christian
               Religion
               ,
               but
               such
               as
               the
               Doctors
               of
               the
               Gentiles
               and
               Heathens
               themselves
               will
               easily
               admit
               ;
               for
               even
               among
               them
               such
               
               as
               assumed
               the
               Legislative
               Authority
               ,
               and
               took
               upon
               them
               to
               prescribe
               Laws
               ,
               would
               at
               the
               enactment
               thereof
               invocate
               their
               
                 false
                 Gods
              
               ,
               and
               endevour
               to
               father
               them
               on
               one
               or
               other
               of
               their
               heathenish
               Deities
               ,
               as
               Minos
               who
               
               gave
               Laws
               to
               the
               Cretians
               ,
               on
               
                 Jupiter
                 :
                 Numa
              
               ,
               who
               gave
               Laws
               to
               the
               Romans
               ,
               on
               
                 Aegeria
                 Nympha
                 :
                 Zoroaster
              
               ,
               who
               to
               the
               Bractians
               and
               Persians
               ,
               on
               
                 Horomasis
                 :
                 Trismegister
              
               ,
               who
               to
               the
               Egyptians
               ,
               on
               Mercurius
               :
               
               Charondas
               ,
               who
               to
               the
               Thurians
               ,
               on
               
                 Saturn
                 :
                 Lycurgus
              
               ,
               who
               to
               the
               Lacedemonians
               ,
               on
               
                 Apollo
                 :
                 Draco
              
               and
               Solon
               ,
               who
               to
               the
               Athenians
               ,
               on
               
                 Minerna
                 :
                 Mahomet
              
               ,
               
               who
               to
               the
               Arabians
               ,
               on
               the
               Angel
               Gabriel
               .
               Thus
               all
               agree
               in
               this
               ,
               that
               Law
               hath
               the
               image
               and
               superscription
               of
               some
               supernaturall
               Powers
               ,
               and
               is
               more
               Ancient
               then
               Adams
               Fall
               ,
               as
               is
               evident
               by
               necessary
               though
               sad
               consequences
               ;
               for
               without
               Law
               there
               had
               been
               no
               Transgression
               .
               In
               immediate
               
               subordination
               to
               the
               Divine
               and
               Natural
               Law
               written
               in
               the
               tables
               of
               the
               heart
               ,
               came
               the
               
                 Jus
                 Gentium
              
               ,
               or
               the
               Law
               of
               Nations
               ,
               when
               men
               first
               began
               to
               have
               mutual
               Commerce
               with
               each
               other
               ,
               for
               thereby
               was
               introduced
               a
               kind
               of
               Necessity
               for
               all
               Nations
               to
               observe
               some
               certain
               Rules
               as
               Law
               ,
               without
               which
               no
               Society
               of
               men
               in
               way
               of
               reciprocal
               negotiations
               could
               subsist
               ;
               which
               Law
               doth
               indeed
               flow
               from
               the
               Law
               of
               Nature
               ;
               
               insomuch
               that
               Cicero
               was
               of
               opinion
               ,
               that
               in
               all
               matters
               and
               affairs
               of
               the
               world
               whatever
               was
               the
               Consent
               and
               Concurrent
               approbation
               
               or
               allowance
               of
               all
               Nations
               ,
               that
               was
               to
               be
               understood
               the
               Law
               of
               Nature
               ;
               Next
               unto
               which
               is
               the
               
                 Jus
                 humanum
                 &
                 Civile
              
               ,
               being
               a
               distinct
               Law
               both
               from
               the
               
                 Law
                 of
                 Nature
              
               and
               also
               from
               the
               
                 Jus
                 Gentium
              
               ,
               and
               seems
               to
               be
               then
               born
               into
               the
               world
               ,
               when
               men
               first
               of
               many
               Individuals
               began
               to
               compact
               themselves
               into
               one
               Society
               ,
               and
               when
               they
               first
               began
               to
               incorporate
               themselves
               into
               Bodies
               Politick
               ,
               which
               in
               the
               worlds
               infancy
               seems
               to
               be
               when
               Cain
               built
               the
               City
               Enoch
               ;
               for
               Civil
               Laws
               seem
               
               to
               have
               their
               Origination
               then
               when
               Cities
               began
               first
               to
               be
               built
               ,
               Magistrates
               to
               be
               constituted
               ,
               and
               Ordinations
               of
               Government
               to
               be
               committed
               to
               writing
               ;
               for
               indeed
               
                 Civil
                 Law
              
               properly
               so
               called
               ,
               is
               no
               other
               
               then
               that
               which
               every
               City
               constituted
               and
               enacted
               for
               it self
               ,
               and
               for
               its
               own
               peculiar
               government
               ;
               which
               Law
               also
               hath
               its
               foundation
               laid
               in
               the
               
                 Law
                 of
                 Nature
              
               ,
               from
               whence
               as
               from
               a
               Fountain
               are
               derived
               divers
               lesser
               channels
               and
               rivulets
               according
               to
               the
               great
               variety
               of
               Places
               ,
               Persons
               ,
               Times
               and
               Transactions
               ;
               And
               the
               
                 Civil
                 Law
              
               of
               the
               Roman
               Empire
               in
               common
               acceptation
               and
               mode
               of
               speech
               is
               now
               for
               the
               Antiquity
               ,
               Excellency
               ,
               Universality
               ,
               and
               Authority
               thereof
               called
               
                 The
                 Civil
                 Law
              
               by
               way
               of
               Eminency
               ,
               the
               Name
               and
               Appellation
               of
               the
               
                 Civil
                 Law
              
               being
               now
               properly
               appropriated
               to
               the
               Emperial
               Law
               and
               Constitutions
               ,
               as
               that
               Law
               which
               was
               the
               Law
               Currant
               in
               all
               the
               Dominions
               of
               the
               Roman
               
               Empire
               ,
               and
               is
               at
               this
               day
               in
               most
               parts
               of
               the
               whole
               Christian
               world
               .
               Beside
               these
               Laws
               peculiar
               to
               a
               due
               administration
               of
               Justice
               in
               matters
               meerly
               secular
               ,
               there
               was
               also
               at
               the
               worlds
               Infancy
               a
               kind
               of
               Sacerdotal
               Law
               or
               Law
               of
               the
               Priesthood
               ,
               when
               men
               congregated
               first
               began
               to
               adore
               the
               ●reat
               God
               in
               the
               way
               of
               a
               Publick
               wor●hip
               ;
               for
               in
               the
               first
               Constitution
               of
               Common-weals
               and
               Cities
               ,
               it
               was
               necessary
               to
               establish
               certain
               Laws
               peculiar
               to
               the
               Priesthood
               ;
               for
               it
               cannot
               be
               imagined
               ,
               but
               that
               when
               men
               
               first
               began
               to
               offer
               their
               first-fruits
               and
               to
               sacrifice
               to
               God
               ,
               there
               was
               then
               some
               Law
               in
               being
               for
               the
               worship
               of
               the
               Deity
               ;
               nor
               ought
               it
               to
               be
               doubted
               but
               that
               in
               those
               days
               there
               was
               a
               true
               Church
               of
               Beleevers
               ,
               as
               also
               true
               Sacrifices
               ,
               and
               (
               as
               some
               hold
               )
               true
               Sacraments
               ;
               and
               therefore
               not
               to
               be
               conceived
               but
               that
               there
               was
               also
               some
               Ecclesiastical
               Law
               then
               in
               force
               ,
               which
               afterward
               became
               much
               more
               clear
               under
               Moses
               Law.
               And
               by
               way
               of
               additament
               to
               this
               ,
               in
               tract
               of
               time
               was
               the
               Canon
               Law
               established
               in
               every
               Christian
               Common-wealth
               ,
               which
               received
               not
               (
               as
               some
               suppose
               )
               it
               's
               Original
               at
               that
               time
               when
               the
               General
               and
               Universall
               Councils
               began
               to
               be
               first
               held
               ,
               as
               under
               Constantine
               ,
               but
               in
               the
               days
               of
               the
               Apostles
               themselves
               ,
               who
               gave
               divers
               Rules
               and
               made
               many
               Canons
               touching
               
                 Divine
                 W●rship
              
               ,
               and
               in
               order
               to
               the
               salvation
               of
               Souls
               .
               And
               thus
               Laws
               being
               introduced
               into
               the
               world
               ,
               it
               could
               not
               be
               but
               there
               must
               be
               Jurisdictions
               
               also
               ,
               without
               which
               the
               Law
               is
               but
               a
               dead
               Letter
               .
               For
               the
               clearer
               understanding
               whereof
               ,
               know
            
             
               That
               the
               word
               
                 [
                 Jurisdictio
              
               ]
               without
               the
               Letter
               
                 [
                 c
              
               ]
               etymologizeth
               it self
               .
               d
               For
               it
               is
               not
               so
               called
               from
               
                 [
                 Juris
              
               ]
               and
               
                 [
                 dictio
              
               ]
               as
               some
               would
               have
               it
               ,
               but
               from
               
                 [
                 Juris
              
               and
               
                 [
                 ditio
                 ]
              
               .
               And
               so
               Jurisdictio
               is
               
                 quasi
                 juris
                 potestas
              
               .
               e
               But
               this
               pleaseth
               not
               Calvin
               ,
               who
               in
               this
               matter
               following
               
                 Ferrand
                 ▪
              
               f
               would
               derive
               it
               from
               
                 [
                 Juris
                 &
                 dictio
              
               ]
               and
               doth
               charge
               Accursius
               with
               an
               errour
               in
               Judgement
               for
               holding
               it
               to
               be
               derived
               from
               
                 [
                 Juris
                 &
                 ditio
              
               ]
               though
               he
               confesses
               that
               Bartol
               himself
               and
               many
               others
               do
               follow
               Accursius
               therein
               ;
               whose
               opinion
               seems
               to
               have
               the
               best
               congruity
               with
               reason
               in
               the
               energy
               of
               Law
               ,
               though
               Ferrand's
               Opinion
               seems
               to
               out-weigh
               ,
               if
               the
               comprized
               matter
               should
               be
               ballanced
               only
               by
               the
               letters
               of
               the
               word
               ;
               but
               indeed
               of
               the
               two
               Accursius
               hath
               by
               farre
               the
               more
               numerous
               Retinue
               .
            
             
               So
               that
               Jurisdictio
               taken
               in
               the
               large
               sense
               ,
               as
               the
               
                 Genus
                 generalissimum
              
               or
               
                 Plenissima
                 Jurisdictio
              
               ,
               is
               nothing
               else
               but
               Potestas
               g
               
                 de
                 jure
                 Publico
                 introducta
              
               h
               
                 cum
                 necessitate
                 juris
                 dicendi
              
               i
               
                 &
                 aequitatis
                 statuendae
              
               .
               k
               The
               word
               
                 [
                 Jurisdictio
              
               ]
               taken
               in
               this
               large
               sense
               ,
               doth
               properly
               signifie
               that
               Office
               or
               Function
               which
               the
               lawful
               Magistrate
               doth
               hold
               and
               exercise
               by
               the
               ordinary
               right
               of
               his
               just
               power
               and
               authority
               .
               l
            
             
               Of
               Jurisdictions
               taken
               in
               this
               large
               sense
               ,
               there
               are
               three
               species
               or
               kinds
               in
               the
               Law
               ;
               
               There
               is
               
                 Imperium
                 Merum
                 ,
                 Imperium
                 Mixtum
              
               ,
               &
               
                 Jurisdictio
                 simplex
              
               .
               And
               it
               is
               called
               Imperium
               ,
               because
               it
               proceeds
               from
               the
               Authority
               of
               the
               Judge
               ,
               and
               not
               from
               any
               right
               inherent
               or
               residing
               in
               the
               party
               .
            
             
               The
               first
               of
               these
               ,
               
                 viz.
                 Imperium
                 Merum
              
               ,
               is
               that
               Jurisdiction
               ,
               which
               respecting
               only
               the
               Publick
               utility
               is
               exercised
               
                 Officio
                 Judicis
                 Nobili
              
               ,
               and
               by
               way
               of
               Accusation
               .
               m
               This
               hath
               the
               power
               of
               the
               Sword
               
                 contra
                 homines
                 facinorosos
              
               ,
               and
               all
               Capital
               Offenders
               .
               n
               And
               is
               so
               called
               from
               its
               purity
               ,
               simplicity
               and
               immixture
               with
               either
               of
               the
               other
               kinds
               of
               Jurisdictions
               .
               o
               Of
               this
               
                 Imperium
                 Merum
                 Bartoll
              
               makes
               Six
               several
               degrees
               p
               which
               Jason
               contracts
               into
               Four
               ,
               but
               Zasius
               into
               Three
               .
            
             
               Of
               these
               Six
               degrees
               of
               
                 Imperium
                 Merum
              
               ,
               the
               First
               is
               
                 Merum
                 Imperium
                 Maximum
              
               ;
               
               And
               this
               resides
               only
               in
               the
               Prince
               ,
               or
               in
               the
               Supreme
               Authority
               .
               q
               In
               this
               Bartol
               doth
               lodge
               the
               
                 Legislative
                 Faculty
              
               or
               power
               of
               enacting
               Laws
               ;
               also
               the
               calling
               a
               
                 General
                 Council
              
               ,
               or
               the
               summoning
               a
               Parliament
               ;
               also
               the
               power
               of
               Confiscation
               of
               Delinquents
               goods
               .
               In
               a
               word
               ,
               under
               this
               
                 Merum
                 Imperium
                 Maximum
              
               are
               contained
               all
               things
               competible
               to
               Princes
               or
               the
               Supreme
               Magistrate
               .
               r
               And
               to
               these
               particulars
               which
               Bartol
               mentions
               under
               this
               head
               ,
               the
               DD
               do
               add
               one
               more
               ,
               and
               that
               is
               the
               creating
               of
               Tabellions
               General
               or
               
                 Publick
                 Notories
              
               .
               s
            
             
             
               The
               Second
               degree
               is
               
                 Merum
                 Imperium
                 Majus
              
               .
               This
               extends
               to
               the
               taking
               away
               
               of
               life
               ,
               and
               hath
               the
               power
               of
               the
               Sword.
               t
               Under
               this
               head
               also
               is
               that
               
                 Potestas
                 gladii
                 in
                 homines
                 facinerosos
              
               forementioned
               ;
               u
               but
               derivative
               from
               the
               Prince
               .
            
             
               The
               Third
               degree
               is
               
                 Merum
                 Imperium
                 Magnum
              
               ,
               under
               which
               head
               is
               comprehended
               
               Deportation
               or
               perpetual
               banishment
               .
               w
               But
               these
               two
               last
               degrees
               Jason
               comprehends
               under
               one
               and
               the
               same
               head
               ,
               x
               For
               says
               he
               ,
               under
               the
               power
               of
               the
               Sword
               
                 in
                 facinerosos
                 homines
              
               is
               comprehended
               three
               kinds
               of
               Capital
               Causes
               ,
               
                 viz.
                 First
              
               ,
               when
               the
               Life
               Natural
               is
               taken
               away
               either
               in
               whole
               or
               in
               part
               ,
               as
               by
               dismembration
               ,
               amputation
               ,
               or
               mutilation
               .
               y
               Secondly
               ,
               when
               the
               
                 Life
                 Civil
              
               is
               taken
               away
               ,
               as
               by
               loss
               of
               Liberty
               and
               by
               perpetual
               imprisonment
               ;
               for
               such
               are
               dead
               in
               Law.
               Thirdly
               ,
               when
               a
               man
               is
               deprived
               of
               his
               Franchise
               ,
               Freedome
               or
               Priviledges
               which
               he
               had
               in
               any
               place
               by
               a
               Natural
               or
               Civil
               Right
               .
               z
            
             
               The
               Fourth
               degree
               is
               
                 Merum
                 Imperium
                 Parvum
              
               ,
               under
               which
               head
               is
               comprehended
               
               Relegation
               or
               temporal
               exilement
               ;
               a
               which
               is
               no
               more
               then
               an
               extermination
               ,
               whereby
               a
               man
               is
               commanded
               out
               of
               the
               confines
               of
               his
               own
               Country
               for
               a
               season
               .
               And
               although
               
                 Deportatio
                 &
                 Relegatio
              
               be
               often
               used
               promiscuously
               in
               the
               Law
               for
               one
               and
               the
               same
               ,
               yet
               the
               Law
               discriminates
               them
               by
               very
               different
               Characters
               ;
               For
               in
               Deportation
               there
               is
               a
               perpetual
               ,
               in
               Relegation
               
               but
               a
               temporal
               banishment
               .
               And
               as
               they
               differ
               in
               the
               Circumstance
               of
               Time
               ,
               so
               also
               in
               the
               Circumstance
               of
               Place
               ;
               For
               in
               Relegation
               the
               party
               is
               only
               circumscribed
               ,
               and
               it's
               part
               of
               his
               punishment
               that
               he
               shall
               not
               go
               out
               of
               the
               limits
               of
               such
               a
               certain
               place
               .
               So
               Shimei
               the
               Benjamite
               that
               cursed
               David
               in
               his
               way
               to
               Mahanaim
               ,
               was
               after
               Davids
               death
               confined
               by
               his
               son
               Solomon
               unto
               Hierusalem
               ,
               
               and
               not
               to
               pass
               over
               the
               Brook
               Kidron
               ;
               who
               upon
               occasion
               of
               his
               going
               afterwards
               to
               Gath
               ,
               exceeded
               the
               limits
               of
               his
               circumscription
               ,
               and
               for
               so
               doing
               was
               put
               to
               death
               by
               Benaiah
               at
               the
               Kings
               command
               .
               But
               now
               in
               Deportation
               the
               party
               is
               not
               so
               confined
               to
               or
               circumscribed
               by
               any
               certain
               place
               ,
               but
               is
               quite
               banished
               and
               exiled
               out
               of
               all
               the
               precincts
               of
               his
               own
               Country
               .
               Again
               ,
               in
               Deportation
               the
               party
               cannot
               take
               his
               goods
               with
               him
               ,
               in
               Relegation
               he
               may
               ;
               but
               this
               difference
               holds
               not
               always
               .
               Likewise
               under
               this
               head
               is
               comprized
               every
               Corporal
               punishment
               ,
               b
               provided
               it
               be
               
                 Tortura
                 ad
                 poenam
                 Delicti
              
               ;
               For
               if
               it
               be
               Tortura
               only
               
                 ad
                 investigationem
                 veritatis
              
               ,
               then
               it
               may
               be
               otherwise
               .
            
             
               The
               Fifth
               degree
               is
               
                 Merum
                 Imperium
                 Minus
              
               ,
               under
               which
               is
               comprized
               that
               moderate
               
               Coertion
               by
               Corporal
               Castigations
               which
               are
               
                 ad
                 vindictam
                 Maleficii
              
               ,
               to
               distinguish
               it
               from
               
                 Coertio
                 verbalis
                 per
                 officium
                 Merum
              
               ,
               and
               is
               competible
               with
               the
               Office
               or
               Function
               of
               Magistrates
               in
               Authority
               .
               c
               Also
               Cognizance
               of
               such
               crimes
               as
               are
               of
               the
               
               lesser
               and
               inferiour
               kind
               .
               d
               Of
               this
               and
               the
               last
               precedent
               degree
               or
               member
               of
               
                 Imperium
                 Merum
                 ,
                 Jason
              
               makes
               but
               one
               ,
               as
               forme●ly
               but
               one
               of
               the
               Second
               and
               Third
               degrees
               ;
               So
               that
               although
               here
               be
               Six
               species
               ,
               degrees
               ,
               or
               members
               of
               
                 Imperium
                 Merum
              
               ,
               according
               to
               Bartolls
               accompt
               ,
               yet
               here
               are
               but
               Four
               according
               to
               Jasons
               computation
               ,
               and
               to
               him
               in
               this
               matter
               the
               DD
               do
               generally
               incline
               rather
               then
               unto
               Bartoll
               .
            
             
               The
               Sixth
               and
               last
               degree
               is
               
                 Merum
                 Imperium
                 Minimum
              
               ,
               which
               comprehends
               whatever
               is
               imposed
               by
               way
               of
               pecuniary
               mulct
               upon
               some
               crime
               ,
               e
               provided
               such
               pecuniary
               mulct
               be
               in
               reference
               to
               the
               Publick
               utility
               ,
               and
               not
               in
               satisfaction
               of
               private
               injuries
               .
            
             
               The
               
                 Second
                 Species
              
               or
               kind
               of
               Jurisdictio
               taken
               in
               this
               large
               sense
               ,
               is
               
                 Imperium
                 Mixtum
              
               ;
               
               And
               it
               is
               that
               Jurisdiction
               which
               respecting
               only
               private
               utility
               is
               exercised
               
                 Officio
                 Judicis
                 Nobili
              
               .
               f
               It
               is
               so
               called
               ,
               as
               being
               of
               a
               mixt
               nature
               ,
               because
               it
               consists
               partly
               of
               
                 Imperium
                 Merum
              
               ,
               and
               partly
               of
               
                 Jurisdictio
                 Simplex
              
               ;
               And
               as
               it
               consists
               
                 in
                 Commodo
                 pecuniario
              
               ,
               respecting
               only
               private
               utility
               ,
               so
               it
               doth
               participate
               of
               
                 Jurisdictio
                 Simplex
              
               ,
               and
               is
               differenced
               from
               
                 Imperium
                 Merum
              
               .
            
             
               Of
               this
               
                 Imperium
                 Mixtum
                 ,
                 Bartol
              
               as
               in
               the
               former
               makes
               other
               six
               degrees
               ,
               which
               Jason
               contracts
               to
               three
               ,
               and
               calls
               them
               
                 Gradum
                 Maximū
                 ,
                 Medium
                 ,
                 &
                 Minimū
              
               g
               
               The
               First
               and
               Second
               of
               Bartols
               degrees
               Jason
               doth
               join
               in
               one
               ,
               as
               being
               both
               competible
               only
               to
               the
               Prince
               or
               Supreme
               Magistrate
               .
               The
               Third
               and
               Fourth
               of
               Bartols
               degrees
               he
               likewise
               joyns
               in
               one
               ,
               as
               both
               requiring
               
                 plenam
                 causae
                 cognitionem
              
               ,
               and
               both
               incompetible
               with
               interiour
               Magistrates
               .
               So
               likewise
               of
               the
               Fifth
               and
               Sixth
               degrees
               .
               Now
               because
               this
               last
               Division
               of
               Jasons
               seems
               to
               take
               best
               with
               the
               most
               part
               of
               the
               DD
               ,
               as
               being
               the
               most
               succinct
               yet
               comprehensive
               of
               all
               ,
               Jasons
               method
               shall
               here
               be
               followed
               ,
               as
               formerly
               was
               Bartols
               .
            
             
               The
               first
               degree
               then
               of
               
                 Imperium
                 Mixtum
              
               according
               to
               Jasons
               account
               is
               
                 Imperium
                 Mixtum
                 Maximum
              
               ,
               which
               pertains
               solely
               to
               the
               Prince
               ,
               and
               concerns
               only
               
                 Actus
                 voluntarios
              
               ;
               h
               yet
               it
               may
               be
               al●o
               in
               the
               ordinary
               Magistrate
               ,
               but
               then
               it
               must
               be
               by
               way
               of
               derivation
               from
               the
               Prince
               .
               i
               This
               
                 Imperium
                 Mixtum
                 Maximum
              
               comprehends
               
                 veniam
                 aetatis
                 impetranti
              
               ,
               k
               That
               is
               ,
               that
               whereas
               by
               the
               Civil
               Law
               a
               man
               is
               held
               a
               Minor
               and
               under
               age
               until
               he
               attain
               unto
               the
               age
               of
               twenty
               five
               years
               ,
               the
               Prince
               might
               at
               his
               Petition
               grant
               
                 veniam
                 aetatis
                 impetranti
              
               ,
               that
               is
               ,
               if
               such
               Minor
               being
               a
               Male
               could
               prove
               himself
               to
               be
               of
               the
               full
               age
               of
               twenty
               years
               ,
               or
               being
               a
               Female
               could
               prove
               her self
               to
               be
               of
               the
               full
               age
               of
               eighteen
               years
               ,
               then
               might
               such
               by
               way
               of
               Petition
               
                 impetrare
                 veniam
                 aetatis
                 à
                 Principe
              
               ,
               that
               is
               ,
               they
               might
               for
               the
               better
               management
               of
               their
               estate
               request
               the
               Prince's
               favour
               for
               
               an
               exemption
               from
               their
               Minority
               ,
               and
               to
               be
               held
               and
               taken
               as
               of
               full
               age
               ,
               that
               is
               ,
               as
               of
               the
               age
               of
               twenty
               five
               years
               ,
               to
               all
               intents
               and
               purposes
               of
               Law
               whatever
               ;
               only
               they
               could
               not
               by
               vertue
               of
               such
               Priviledge
               alienate
               their
               Praedials
               or
               Immoveables
               without
               a
               special
               Decree
               for
               that
               purpose
               ;
               And
               this
               Priviledge
               was
               obtainable
               only
               by
               the
               Prince's
               Grant.
               l
               Also
               under
               this
               head
               is
               comprehended
               that
               which
               the
               Civilians
               call
               Arrogatio
               ,
               which
               is
               a
               kind
               of
               Adoption
               ,
               but
               something
               different
               from
               it
               ;
               m
               For
               the
               Prince
               did
               
                 interponere
                 Authoritatem
                 Arrogationi
              
               ,
               n
               Likewise
               under
               this
               head
               is
               comprehended
               Legitimation
               ,
               or
               the
               power
               of
               legitimating
               such
               as
               are
               unlawfully
               begotten
               ;
               o
               And
               also
               Emancipation
               ,
               which
               ,
               properly
               so
               called
               ,
               is
               a
               Judicial
               and
               solemn
               transference
               ,
               alienation
               ,
               or
               vendition
               of
               free-born
               children
               (
               For
               Manumission
               relates
               only
               to
               Servants
               and
               Bond-men
               )
               from
               and
               out
               of
               the
               Dominium
               ,
               power
               ,
               and
               Jurisdiction
               of
               their
               natural
               Parents
               into
               the
               power
               ●nd
               right
               of
               another
               ,
               had
               and
               done
               by
               the
               authority
               of
               the
               competent
               Judge
               with
               the
               concurrency
               and
               mutual
               consent
               of
               both
               parent
               and
               child
               .
               By
               such
               Emancipation
               the
               
                 Patria
                 Potestas
              
               is
               dissolved
               ,
               
                 si
                 filium
                 suum
                 forisfamiliaverit
              
               ;
               for
               it
               is
               a
               kind
               of
               vendition
               or
               sale
               by
               a
               tradition
               or
               delivery
               of
               his
               child
               out
               of
               his
               own
               right
               over
               to
               another
               ,
               who
               thereby
               becomes
               as
               it
               were
               
                 Pater
                 Fiduciarius
              
               ,
               or
               a
               Father
               in
               trust
               to
               the
               child
               ;
               although
               anciently
               such
               Emancipation
               was
               
               held
               no
               less
               then
               Civil
               death
               to
               the
               child
               ,
               or
               then
               an
               
                 Ingressus
                 Religionis
              
               .
               p
               Likewise
               under
               this
               head
               is
               comprehended
               that
               which
               the
               Law
               calls
               Supplicatio
               ,
               which
               is
               a
               Cognition
               or
               Retractation
               of
               a
               Judicial
               sentence
               ,
               from
               which
               lies
               no
               Appeal
               ,
               by
               way
               of
               Supplication
               ,
               pertaining
               only
               to
               the
               Prince
               ,
               and
               in
               the
               Roman
               Government
               to
               the
               
                 Praetorian
                 Praefect
              
               .
               q
               This
               is
               that
               Remedy
               of
               a
               Judicial
               Sentence
               which
               the
               Canonists
               call
               
                 Revisionem
                 Sententiae
              
               ,
               or
               the
               Review
               of
               a
               Sentence
               .
               r
               This
               is
               used
               but
               very
               rarely
               and
               only
               in
               extraordinary
               Cases
               ,
               but
               chiefly
               against
               the
               Sentence
               of
               such
               Judges
               as
               from
               whom
               by
               reason
               of
               their
               Eminency
               
                 non
                 licet
                 Appellare
              
               .
               s
               In
               such
               Cases
               the
               imploring
               of
               the
               grace
               and
               favour
               of
               the
               Prince
               or
               Supreme
               Authority
               is
               properly
               called
               Supplicatio
               .
            
             
               The
               Second
               degree
               is
               
                 Imperium
                 Mixtum
                 Medium
              
               ,
               under
               which
               is
               comprized
               a
               full
               and
               plenary
               Cognition
               of
               a
               Cause
               ,
               with
               Coertion
               as
               well
               Real
               as
               Personal
               ;
               of
               such
               is
               the
               putting
               a
               man
               into
               possession
               by
               vertue
               of
               a
               
                 Secundum
                 Decretum
              
               ;
               Likewise
               
                 Restitutio
                 in
                 integrum
              
               ;
               Also
               the
               expulsion
               or
               outing
               another
               of
               his
               Actual
               Possession
               ;
               t
               In
               like
               manner
               under
               this
               head
               are
               comprehended
               all
               matters
               that
               require
               a
               
                 plenary
                 Cognition
              
               ,
               although
               it
               hath
               not
               Real
               or
               
                 Personal
                 Coertion
              
               ;
               As
               to
               give
               such
               a
               possession
               of
               goods
               as
               shall
               convey
               and
               carry
               a
               right
               of
               Property
               with
               it
               ;
               Also
               to
               pronounce
               for
               the
               putting
               into
               
                 Possession
                 Ex
                 Secundo
              
               
               Decreto
               ;
               Also
               to
               interpose
               ones
               Authority
               for
               the
               Alienation
               of
               things
               appertaining
               to
               Minors
               ;
               Also
               in
               Transactions
               of
               Alimony
               ,
               and
               the
               like
               .
               u
            
             
               The
               Third
               and
               last
               degree
               is
               
                 Imperium
                 Mixtum
                 Minimum
              
               ;
               And
               this
               consists
               in
               such
               things
               as
               are
               expedited
               
                 Officio
                 Judicis
                 Nobili
              
               ,
               but
               do
               not
               require
               a
               plenary
               Cognition
               as
               the
               former
               ,
               but
               are
               determined
               by
               a
               Summary
               proceeding
               ,
               and
               have
               respect
               only
               to
               
                 Private
                 utility
              
               .
               Of
               this
               kind
               is
               the
               putting
               into
               Possession
               by
               a
               
                 Primum
                 Decretum
              
               ;
               Also
               any
               possession
               which
               to
               the
               Cognizance
               of
               the
               Cause
               doth
               not
               require
               a
               Proceeding
               
                 De
                 Plano
              
               ,
               but
               only
               
                 Summarily
                 &
                 sine
                 strepitu
                 judicii
              
               .
               w
               Of
               this
               kind
               also
               is
               the
               granting
               of
               Possession
               to
               
                 Minors
                 Ex
                 Edicto
                 Carboniano
              
               ,
               so
               called
               from
               
                 Cneus
                 Carbo
              
               the
               Praetor
               ,
               and
               Authour
               of
               that
               Edict
               .
               For
               when
               upon
               the
               death
               of
               a
               Parent
               Intestate
               any
               question
               or
               Controversie
               arose
               to
               the
               Pupil
               or
               Minor
               ,
               either
               Male
               or
               Female
               by
               the
               Masculine
               line
               ,
               concerning
               the
               inheritance
               or
               goods
               of
               such
               Parent
               ;
               as
               also
               concerning
               the
               state
               ,
               quality
               or
               condition
               of
               such
               Minor
               ,
               or
               whether
               he
               were
               the
               legitimate
               Child
               of
               such
               Parent
               ;
               In
               all
               such
               cases
               
                 da●ur
                 Carboniana
                 bonorum
                 Possessio
              
               ,
               saith
               the
               Law
               ;
               that
               is
               ,
               such
               Minor
               shall
               by
               that
               Edict
               be
               put
               into
               possession
               of
               the
               said
               goods
               ,
               he
               first
               giving
               good
               caution
               or
               security
               not
               to
               diminish
               the
               same
               during
               his
               Minority
               ;
               and
               in
               the
               mean
               time
               the
               dispute
               in
               Law
               or
               Controversie
               touching
               the
               right
               of
               
               Title
               to
               the
               said
               goods
               ,
               as
               also
               touching
               the
               state
               ,
               quality
               and
               condition
               of
               such
               Minor
               ,
               is
               by
               the
               same
               Edict
               to
               be
               deferred
               and
               put
               off
               untill
               he
               come
               of
               full
               age
               .
               x
               Likewise
               under
               this
               head
               falls
               Manumission
               ,
               y
               or
               the
               setting
               at
               liberty
               such
               as
               were
               under
               the
               servitude
               and
               dominium
               of
               others
               ,
               and
               refers
               properly
               to
               Servants
               that
               were
               under
               the
               domination
               of
               Masters
               ,
               as
               Emancipation
               doth
               to
               children
               free-born
               ,
               that
               were
               under
               the
               power
               of
               their
               natural
               Parents
               ;
               of
               these
               kinds
               are
               
                 Causae
                 Libertinitatis
                 ,
                 &
                 Causae
                 Ingenuitatis
                 .
              
               z
            
             
               The
               Third
               and
               last
               species
               or
               kind
               of
               Jurisdictio
               taken
               in
               this
               large
               sense
               is
               Jurisdictio
               
               Simplex
               ;
               And
               it
               is
               that
               Jurisdiction
               which
               is
               exercised
               
                 Officio
                 Judicis
                 Mercenanario
              
               ;
               Respecting
               only
               
                 Private
                 utility
                 ,
                 Jure
                 Actionis
              
               .
               a
               And
               being
               thus
               exercised
               
                 Officio
                 Judicis
                 Mercenario
              
               ,
               it
               differs
               from
               both
               the
               former
               ,
               viz.
               both
               from
               
                 Imperium
                 Merum
              
               ,
               and
               from
               
                 Imperium
                 Mixtum
              
               .
               Of
               this
               
                 Jurisdictio
                 Simplex
              
               ,
               which
               in
               truth
               is
               
                 Jurisdictio
                 propriè
                 stricte
                 &
                 specialiter
                 sumpta
                 ,
                 Bartol
              
               as
               in
               the
               former
               makes
               no
               less
               then
               Six
               Degrees
               ;
               but
               Jason
               again
               as
               formerly
               reduces
               and
               contracts
               them
               to
               Three
               ,
               viz.
               
                 Gradum
                 Magnum
                 ,
                 Medium
                 ,
                 Minimum
                 .
              
               b
               Which
               method
               now
               follows
               ,
               as
               being
               the
               acceptablest
               with
               the
               Modern
               DD.
               and
               distinctly
               comprehensive
               of
               all
               ,
               that
               the
               Six
               Degrees
               which
               Bartol
               makes
               ,
               are
               capable
               of
               .
            
             
               Under
               the
               First
               of
               these
               ,
               viz.
               Gradum
               
               
                 Jurisdictionis
                 Simplicis
                 Magnum
              
               ,
               are
               comprehended
               such
               as
               the
               Law
               looks
               on
               as
               matters
               of
               
                 great
                 prejudice
              
               ;
               such
               are
               
                 Causae
                 Liberales
              
               ,
               wherein
               are
               controverted
               all
               disputes
               concerning
               Liberty
               or
               
                 Servitude
                 ,
                 Freedome
              
               or
               
                 Bondage
                 ,
                 Ingenuity
              
               (
               not
               of
               wit
               ,
               but
               of
               birth
               )
               or
               Libertinity
               .
               c
               These
               
                 Causae
                 Liberales
              
               ,
               are
               understood
               in
               the
               Law
               as
               certain
               species
               opposite
               to
               such
               things
               as
               are
               either
               of
               Merum
               or
               
                 Mixtum
                 Imperium
              
               .
               d
               The
               Actions
               that
               hence
               do
               arise
               are
               as
               formerly
               
                 Actiones
                 Liberales
              
               ,
               cogni●able
               only
               before
               the
               Superiour
               Judges
               .
               e
               The
               truth
               is
               ,
               such
               Actions
               as
               these
               that
               concern
               the
               state
               ,
               quality
               ,
               condition
               ,
               or
               reputation
               of
               perions
               are
               in
               the
               Law
               termed
               
                 Causae
                 Arduae
                 ,
                 &
                 Negotium
                 Arduum
                 .
              
               f
               And
               therefore
               
                 Inferiour
                 Judges
              
               (
               who
               by
               interpretation
               of
               Law
               according
               to
               the
               
                 Civil
                 Laws
              
               account
               are
               
                 Judices
                 Municipales
              
               g
               are
               no
               way
               competent
               to
               take
               cognizance
               of
               such
               Cases
               .
               h
               Likewise
               under
               this
               head
               fall
               all
               Causes
               ,
               wherein
               upon
               any
               Action
               any
               
                 Castigations
                 ,
                 Coertions
                 ,
                 Restraints
              
               ,
               or
               other
               
                 Corporal
                 punishments
              
               in
               execution
               of
               some
               
                 Definitive
                 Sentence
              
               do
               happen
               ,
               i
               according
               to
               that
               smart
               Proverb
               in
               Law
               ,
               
                 Qui
                 non
                 habet
                 in
                 aere
                 ,
                 Luat
                 in
                 corpore
                 .
              
               k
               But
               to
               make
               it
               yet
               more
               clear
               ;
               The
               Actions
               specially
               aimed
               at
               and
               properly
               intended
               hereby
               in
               the
               Law
               that
               fall
               under
               this
               head
               ,
               are
               such
               Cases
               as
               in
               themselves
               and
               according
               to
               their
               nature
               are
               Criminal
               ,
               but
               yet
               are
               civilly
               proceeded
               in
               or
               prosecuted
               ,
               
               
                 Quando
                 ex
                 causd
                 descendenti
                 ex
                 delicto
                 ,
                 quis
                 fuit
                 Condemnatus
                 Civiliter
                 .
              
               l
               Or
               such
               Actions
               
                 Quae
                 Civiliter
                 ex
                 Maleficiis
                 intentantur
              
               .
               m
            
             
               The
               Second
               Degree
               of
               
                 Jurisdictio
                 Simplex
              
               is
               
                 Gradus
                 Medius
              
               ,
               under
               which
               are
               comprized
               all
               such
               Peouniary
               Causes
               as
               in
               value
               exceed
               
                 Treoent
                 '
                 Aureos
              
               .
               n
               This
               Aureus
               among
               the
               Ancients
               was
               in
               value
               about
               our
               
                 English
                 Noble
              
               ,
               or
               
                 Six
                 Shillings
                 and
                 eight
                 pence
              
               ;
               but
               in
               Justinians
               time
               it
               was
               something
               more
               ,
               viz.
               about
               the
               value
               of
               an
               Angel
               in
               our
               
                 Gold
                 Coin.
              
               o
               Which
               is
               something
               less
               then
               
                 Centum
                 Cestertii
              
               ,
               according
               to
               the
               Roman
               Account
               ,
               which
               some
               would
               have
               the
               
                 Aureum
                 Antiquum
              
               to
               amount
               unto
               ,
               p
               if
               every
               Cestertius
               must
               be
               in
               value
               three
               half
               pence
               farthing
               according
               to
               our
               Account
               .
               q
            
             
               The
               Third
               and
               last
               Degree
               of
               
                 Jurisdiotio
                 Simplex
              
               comprehends
               only
               such
               small
               and
               petty
               summes
               ,
               as
               will
               not
               defray
               the
               charges
               of
               a
               Plenary
               and
               Judicial
               Order
               of
               Proceeding
               ,
               and
               therefore
               they
               are
               heard
               and
               determined
               
                 Summarily
                 &
                 velo
                 Levato
              
               .
               r
               Bartol
               would
               state
               ,
               liquidate
               and
               ascertain
               these
               petty
               summes
               to
               the
               value
               of
               
                 Centum
                 Aureos
              
               :
               s
               Others
               to
               Twenty
               ,
               others
               to
               
                 Ten
                 Duckets
              
               .
               t
               But
               Jason
               tells
               us
               plainly
               ,
               that
               the
               truth
               and
               the
               more
               received
               opinion
               is
               ,
               that
               in
               such
               cases
               the
               just
               and
               exact
               values
               are
               not
               determined
               or
               ascertained
               in
               the
               Law
               ,
               but
               left
               
                 ad
                 Arbitrium
                 Judicis
              
               ,
               u
               according
               to
               that
               Rule
               in
               Law
               
                 in
                 ff
                 .
                 de
                 jur
                 .
                 delib
                 .
              
               w
            
             
             
               And
               thus
               although
               here
               hath
               been
               distinctly
               touch'd
               each
               of
               the
               
                 Three
                 Species
              
               or
               kinds
               of
               Jurisdiction
               ,
               taking
               the
               word
               Jurisdictio
               as
               the
               
                 Genus
                 generalissimum
              
               ;
               And
               although
               here
               have
               been
               given
               some
               instances
               for
               the
               more
               clear
               description
               of
               each
               Member
               or
               Degree
               of
               each
               Species
               thereof
               ;
               yet
               all
               this
               would
               be
               but
               imperfect
               if
               such
               things
               as
               are
               or
               may
               be
               both
               of
               
                 Merum
                 Imperium
              
               and
               of
               
                 Jurisdictio
                 Simplex
              
               also
               ,
               but
               in
               divers
               respects
               ,
               should
               be
               omitted
               .
               Of
               this
               kind
               therefore
               is
               that
               Tortura
               ,
               formerly
               hinted
               at
               ;
               which
               ,
               when
               it
               is
               imposed
               or
               executed
               
                 Ad
                 poenam
              
               ,
               or
               in
               Criminal
               Causes
               
                 Ad
                 veritatem
                 eruendam
              
               ,
               is
               of
               
                 Merum
                 Imperium
              
               ;
               x
               But
               when
               in
               Civil
               Causes
               it
               was
               wont
               to
               be
               used
               or
               imposed
               ,
               because
               the
               witnesses
               did
               vacillare
               ,
               and
               were
               inconstant
               ,
               staggering
               or
               wavering
               in
               their
               testimony
               ,
               it
               was
               then
               of
               
                 Jurisdictio
                 Simplex
              
               .
               y
               In
               like
               manner
               all
               moderate
               and
               light
               correction
               or
               punishment
               being
               inflicted
               
                 Ad
                 poenam
                 Levis
                 Delicti
              
               ,
               is
               of
               
                 Merum
                 Imperium
              
               ;
               but
               being
               imposed
               for
               contempt
               or
               contumacy
               in
               Civil
               Actions
               ,
               it
               is
               of
               
                 Jurisdictio
                 Simplex
              
               .
               z
               Also
               ,
               Excommunication
               ,
               when
               pronounced
               
                 Ex
                 Publica
                 Causa
              
               against
               rebellious
               and
               contumacious
               persons
               ,
               is
               of
               
                 Merum
                 Imperium
              
               ;
               but
               being
               pronounced
               
                 ad
                 instantiam
                 partis
              
               ,
               it
               is
               of
               
                 Jurisdictio
                 Simplex
              
               .
               a
               So
               likewise
               Restraint
               or
               .
               Imprisonment
               ,
               when
               imposed
               by
               the
               
                 Canon
                 Law
                 ad
                 delictum
                 puniendum
              
               ,
               is
               of
               
                 Merum
                 Imperium
              
               ;
               when
               otherwise
               imposed
               ,
               
               it
               is
               of
               
                 Jurisdictio
                 Simplex
              
               .
               b
               Lastly
               ,
               Appeals
               in
               all
               Criminal
               Causes
               are
               of
               
                 Merum
                 Imperium
              
               ;
               but
               in
               Civil
               Causes
               they
               are
               both
               of
               
                 Jurisdictio
                 Simplex
              
               ,
               and
               of
               
                 Merum
                 Imperium
              
               also
               .
               c
            
             
               There
               are
               also
               in
               the
               Law
               (
               for
               these
               things
               are
               only
               hinted
               to
               the
               memories
               of
               such
               as
               know
               the
               Law
               )
               several
               other
               Distinctions
               of
               Jurisdiction
               .
               Such
               as
               
                 Jurisdictio
                 Voluntaria
                 &
                 Contentiosa
              
               .
               d
               But
               this
               is
               a
               Distinction
               in
               respect
               of
               the
               parties
               Litigant
               ;
               the
               former
               Distinctions
               being
               in
               respect
               of
               the
               Judges
               themselves
               .
               There
               is
               also
               
                 Jurisdictio
                 Ordinaria
                 &
                 Delegata
              
               ;
               which
               though
               a
               very
               common
               received
               Distinction
               from
               the
               Speculator
               ,
               e
               yet
               in
               truth
               't
               is
               less
               true
               then
               common
               ,
               and
               is
               reproved
               by
               Bartol
               ,
               because
               the
               one
               differs
               not
               from
               the
               other
               according
               to
               the
               Law
               of
               Distinctions
               ,
               both
               being
               in
               their
               nature
               one
               and
               the
               same
               ,
               though
               diversified
               in
               the
               exercise
               thereof
               ;
               For
               the
               Judge
               Delegate
               doth
               but
               exercise
               
                 Jurisdictionem
                 Delegantis
              
               .
               f
               There
               is
               also
               
                 Jurisdictio
                 Prorogata
              
               ;
               as
               when
               the
               parties
               litigant
               do
               of
               themselves
               consent
               unto
               a
               Jurisdiction
               in
               one
               ,
               who
               without
               such
               consent
               were
               no
               Judge
               in
               the
               Case
               ;
               g
               but
               this
               seems
               more
               like
               a
               compromise
               or
               arbitrary
               decision
               ,
               then
               like
               a
               Jurisdiction
               properly
               so
               called
               .
            
             
               There
               are
               several
               other
               Distinctions
               of
               Jurisdiction
               in
               the
               Law
               ,
               here
               purposely
               omitted
               as
               being
               not
               so
               pertinent
               to
               the
               design
               in
               hand
               ;
               This
               therefore
               that
               hath
               been
               
               said
               may
               suffice
               for
               a
               hint
               to
               all
               such
               Appendexes
               on
               the
               Law
               ,
               as
               sollicite
               rather
               for
               the
               Lawyer
               then
               the
               Clyent
               ,
               to
               learn
               what
               a
               Jurisdiction
               in
               the
               eye
               of
               the
               Law
               is
               ,
               before
               they
               attempt
               the
               invasion
               thereof
               .
            
             
               To
               apply
               the
               premises
               ,
               and
               so
               to
               conclude
               this
               point
               with
               Omphalius
               ,
               that
               famous
               and
               Modern
               German
               Lawyer
               ,
               h
               
                 Jurisdictio
                 est
                 res
                 indivisibilis
                 :
                 si
                 tamen
                 ejus
                 Domini
                 in
                 eodem
                 Territorio
                 dissentiant
                 in
                 Exercitio
                 Jurisdictionis
                 ,
                 pertinebit
                 ad
                 Superiorem
                 Potestatem
                 ,
                 Conoordia
                 partes
                 interponere
                 ,
                 vel
                 usum
                 Jurisdictionis
                 Exercendae
                 dividere
                 .
              
               This
               seems
               to
               be
               the
               Admiralties
               Case
               
                 in
                 terminis
              
               .
               All
               Jurisdictions
               are
               essentially
               radicated
               only
               in
               the
               Prince
               or
               Supreme
               Magistrate
               .
               i
               The
               Law
               ranks
               them
               
                 inter
                 Regalia
                 Principum
              
               .
               k
               The
               right
               and
               power
               of
               the
               conservation
               of
               Jurisdictions
               doth
               lodge
               and
               reside
               properly
               there
               ,
               from
               whence
               they
               had
               their
               being
               and
               origination
               .
               
                 Jurisdictiones
                 omnes
                 ab
                 ipso
                 Principe
                 velut
                 Rivuli
                 à
                 fonte
                 suo
                 manarunt
                 .
              
               l
               When
               the
               Prince
               or
               Supreme
               Authority
               
                 Ex
                 plenitudine
                 Potestatis
              
               doth
               create
               or
               constitute
               a
               Jurisdiction
               ,
               he
               doth
               not
               devest
               himself
               of
               the
               right
               of
               expounding
               his
               own
               Grant
               ,
               according
               to
               that
               in
               the
               Law
               ,
               m
               
                 Jurisdictio
                 licet
                 concedatur
                 à
                 Principe
                 ,
                 semper
                 tamen
                 inhaeret
                 ejus
                 ossibus
                 .
              
               So
               that
               when
               differences
               do
               arise
               concerning
               the
               rights
               or
               demands
               ,
               the
               Ampliations
               or
               Restrictions
               ,
               the
               Latitude
               or
               Boundaries
               of
               Jurisdictions
               ,
               the
               Prince
               is
               the
               competent
               Judge
               to
               decide
               
               and
               reconcile
               ;
               In
               this
               case
               therefore
               to
               Caesar
               is
               the
               Appeal
               .
            
          
           
             
               CHAP.
               VI.
               
            
             
               Of
               Prohibitions
               ;
               Their
               several
               kinds
               ,
               Causes
               and
               Effects
               in
               the
               Law.
               
            
             
               HAving
               spoken
               of
               Jurisdictions
               in
               general
               ,
               it
               may
               not
               now
               be
               of
               less
               consequence
               to
               enquire
               ,
               of
               what
               superseding
               faculty
               a
               Prohibition
               in
               its
               original
               and
               due
               intendment
               of
               Law
               may
               be
               in
               point
               of
               right
               and
               power
               for
               the
               removal
               of
               the
               Cognizance
               of
               Causes
               from
               one
               Jurisdiction
               to
               another
               .
               And
               although
               in
               the
               precedent
               Chapter
               there
               hath
               been
               a
               clear
               and
               distinct
               Prospect
               of
               the
               matter
               of
               Jurisdictions
               out
               of
               the
               Civil
               Law
               ,
               being
               the
               best
               and
               indeed
               the
               only
               Law
               that
               could
               with
               such
               transparency
               present
               us
               with
               an
               object
               of
               that
               depth
               and
               difficulty
               ,
               yet
               now
               being
               to
               look
               through
               other
               Mediums
               ,
               so
               clear
               a
               sight
               of
               Prohibitions
               may
               not
               be
               expected
               to
               be
               presented
               in
               the
               same
               Glass
               ;
               For
               Prohibitio
               in
               the
               sense
               now
               intended
               ,
               may
               not
               be
               taken
               for
               
                 Interdictum
                 ,
                 quo
                 Praetor
                 vetat
                 aliquid
                 fieri
              
               ;
               a
               nor
               be
               thence
               dissected
               into
               its
               several
               kinds
               and
               distinctions
               according
               to
               the
               Analogy
               of
               Civil
               Law
               ;
               This
               would
               be
               as
               little
               
               pertinent
               to
               the
               present
               purpose
               in
               hand
               ,
               as
               rationally
               it
               could
               expect
               of
               credit
               or
               belief
               out
               of
               its
               proper
               Sphere
               .
               Suffice
               it
               therefore
               that
               it
               be
               described
               under
               such
               Rules
               and
               Characters
               as
               the
               Law
               of
               this
               Realm
               doth
               not
               disown
               .
               It
               shall
               therefore
               only
               be
               premised
               what
               Boerius
               ,
               that
               famous
               Civilian
               says
               of
               it
               ;
               b
               That
               a
               Judge
               in
               matters
               cognizable
               before
               him
               ,
               may
               prohibit
               such
               as
               are
               within
               his
               Jurisdiction
               ,
               from
               impleading
               any
               in
               another
               Court
               to
               his
               prejudice
               ;
               And
               that
               an
               Ecclesiastical
               Judge
               may
               issue
               his
               Mandate
               to
               a
               Judge
               Secular
               ,
               prohibiting
               him
               from
               medling
               with
               matters
               of
               Ecclesiastical
               Cognizance
               .
               And
               the
               same
               Boerius
               in
               another
               place
               c
               says
               ,
               That
               in
               such
               cases
               of
               Excess
               by
               the
               power
               of
               one
               Jurisdiction
               exercised
               over
               another
               ,
               the
               King
               is
               to
               decide
               the
               Controversie
               .
            
             
               A
               Prohibition
               in
               the
               sense
               most
               adequate
               to
               the
               purpose
               in
               hand
               ,
               is
               a
               Writ
               forbidding
               to
               hold
               Plea
               in
               a
               Matter
               or
               Cause
               supposed
               to
               be
               without
               the
               Jurisdiction
               and
               Cognizance
               of
               that
               Court
               where
               the
               Suit
               depends
               ;
               Sir
               Thomas
               Ridley
               
                 calls
                 it
                 a
                 Commandement
                 sent
                 out
                 of
                 some
                 of
                 the
                 Kings
                 higher
                 Courts
                 of
                 Record
                 ,
                 where
                 Prohibitions
                 have
                 been
                 used
                 to
                 be
                 granted
                 in
                 the
                 Kings
                 Name
                 ,
                 sealed
                 with
                 the
                 Seal
                 of
                 that
                 Court
                 ,
                 and
                 subscribed
                 with
                 the
                 Teste
                 of
                 the
                 chief
                 Judge
                 or
                 Justice
                 of
                 the
                 Court
                 ,
                 from
                 whence
                 the
                 Prohibition
                 doth
                 come
                 ,
                 at
                 the
                 suggestion
                 of
                 the
                 Plaintiff
                 ,
                 pretending
                 himself
                 to
                 be
                 grieved
                 by
                 some
                 Ecclesiastical
                 or
                 Marine
              
               
               
                 Judge
                 ,
                 in
                 non-admittance
                 of
                 some
                 matter
                 ,
                 or
                 doing
                 some
                 other
                 thing
                 against
                 his
                 right
                 ,
                 in
                 his
                 or
                 their
                 Judicial
                 Proceedings
                 ,
                 commanding
                 the
                 said
                 Ecclesiastical
                 or
                 Marine
                 Judge
                 to
                 proceed
                 no
                 farther
                 in
                 that
                 cause
                 ,
                 upon
                 pretence
                 that
                 the
                 same
                 doth
                 not
                 belong
                 to
                 the
                 said
                 Ecclesiastical
                 or
                 Marine
                 Judge
                 .
              
               But
               this
               description
               of
               the
               Writ
               of
               Prohibition
               ,
               though
               large
               enough
               ,
               yet
               not
               comprehensive
               enough
               ;
               For
               Prohibitions
               may
               issue
               to
               Courts
               that
               have
               neither
               Ecclesiastical
               nor
               Marine
               Cognizance
               ,
               as
               appears
               by
               the
               Learned
               Fitzh
               .
               who
               among
               Sixty
               several
               Cases
               
               by
               him
               mentioned
               ,
               wherein
               a
               Prohibition
               doth
               lye
               ,
               doth
               not
               instance
               in
               any
               against
               the
               Admiralty
               ;
               Nor
               do
               the
               Statutes
               (
               though
               express
               as
               to
               Prohibirions
               against
               Courts
               Ecclesiastical
               )
               speak
               of
               any
               
                 in
                 express
                 terms
              
               or
               in
               the
               letter
               of
               it
               as
               against
               the
               Admiralty
               .
               Hence
               probably
               it
               is
               that
               the
               Authour
               of
               the
               
                 Terms
                 of
                 the
                 Law
              
               d
               makes
               no
               other
               description
               of
               a
               Prohibition
               then
               this
               ,
               viz.
               
                 That
                 it
                 is
                 a
                 Writ
                 that
                 lyeth
                 where
                 a
                 man
                 is
                 impleaded
                 in
                 the
                 Spiritual
                 Court
                 of
                 a
                 thing
                 ,
                 that
                 toucheth
                 not
                 Matrimony
                 ,
                 nor
                 Testament
                 ,
                 nor
                 meerly
                 Tithes
                 ;
                 And
                 this
                 Writ
                 shall
                 be
                 directed
                 as
                 well
                 to
                 the
                 Party
                 as
                 to
                 the
                 Judge
                 or
                 his
                 Official
                 ,
                 to
                 prohibit
                 them
                 that
                 they
                 proceed
                 no
                 farther
                 ;
                 But
                 if
                 it
                 appears
                 afterwards
                 to
                 the
                 Judges
                 Temporal
                 ,
                 that
                 the
                 matter
                 is
                 to
                 be
                 determined
                 by
                 the
                 Spiritual
                 Court
                 ,
                 and
                 not
                 in
                 the
                 Court
                 Temporal
                 ,
                 then
                 the
                 Party
                 shall
                 have
                 a
                 Writ
                 of
              
               Consultation
               ,
               
                 commanding
                 the
                 Judges
                 of
                 the
                 Court
                 Spiritual
              
               
               
                 to
                 proceed
                 in
                 the
                 first
                 Plea.
              
               Which
               description
               of
               the
               Writ
               of
               Prohibition
               is
               consonant
               to
               the
               Statute
               of
               2
               Ed.
               6.
               cap.
               13.
               whereby
               it
               is
               provided
               ,
               
                 That
                 he
                 that
                 sueth
                 for
                 a
                 Prohibition
                 ,
                 shall
                 make
                 a
                 suggestion
                 and
                 prove
                 it
                 by
                 two
                 witnesses
                 ;
                 And
                 in
                 case
                 it
                 be
                 not
                 proved
                 true
                 by
                 two
                 witnesses
                 at
                 the
                 least
                 in
                 the
                 Court
                 where
                 the
                 Prohibition
                 is
                 granted
                 ,
                 within
                 six
                 moneths
                 next
                 after
                 the
                 said
                 Prohibition
                 ;
                 then
                 the
                 Party
                 so
                 hindred
                 by
                 such
                 Prohibition
                 ,
                 shall
                 have
                 a
              
               Consultation
               ,
               
                 and
                 recover
                 double
                 costs
                 and
                 damages
                 against
                 the
                 party
                 that
                 sued
                 for
                 the
                 Prohibition
                 .
              
               And
               in
               the
               said
               description
               of
               a
               Prohibition
               by
               the
               Authour
               of
               the
               
                 Terms
                 of
                 Law
              
               ,
               there
               is
               not
               any
               thing
               express'd
               as
               to
               a
               Prohibition
               against
               the
               Admiralty
               ,
               but
               only
               against
               Judges
               in
               matters
               Spiritual
               ,
               wherein
               the
               Court
               of
               Admiralty
               is
               not
               concern'd
               ;
               By
               the
               Proceedings
               whereof
               there
               is
               not
               (
               as
               in
               the
               other
               once
               was
               )
               the
               least
               pretence
               for
               any
               fear
               of
               dis-inheritage
               of
               the
               Crown-Rights
               ,
               which
               will
               be
               agreed
               to
               be
               originally
               the
               
                 Causa
                 finalis
              
               of
               Prohibitions
               .
               Whence
               it
               was
               long
               since
               observed
               and
               published
               by
               a
               Learned
               Civilian
               of
               this
               Nation
               ,
               e
               
                 That
                 this
                 Writ
                 of
                 Prohibition
                 in
                 those
                 days
                 may
                 well
                 be
                 spared
                 ;
                 For
                 although
              
               
               
                 it
                 were
                 some
                 help
                 to
                 the
                 Kings
                 inheritance
                 and
                 Crown
                 ,
                 when
                 the
                 two
                 Swords
                 were
              
               
               
                 in
                 two
                 divers
                 hands
                 ;
                 yet
                 now
                 that
                 both
                 Jurisdictions
                 are
                 settled
                 in
                 the
                 King
                 as
                 the
                 only
                 Supreme
                 Magistrate
                 ,
                 there
                 is
                 little
                 reason
                 thereof
                 .
              
               And
               indeed
               the
               Jurisdiction
               of
               the
               Admiralty
               of
               England
               was
               ever
               inherent
               in
               the
               Crown
               of
               England
               ;
               so
               that
               there
               was
               never
               in
               that
               sense
               that
               parity
               of
               reason
               for
               Prohibitions
               against
               the
               one
               as
               against
               the
               other
               .
               That
               which
               at
               first
               hath
               its
               origination
               from
               a
               principle
               of
               well-grounded
               policy
               ,
               and
               is
               of
               good
               use
               in
               one
               age
               ,
               may
               afterwards
               be
               otherwise
               in
               another
               ,
               specially
               if
               the
               Rule
               
                 Cessante
                 Ratione
                 cessat
                 Lex
              
               should
               hold
               in
               this
               case
               as
               in
               others
               .
               The
               Fiery
               Brazen
               Serpent
               when
               first
               erected
               ,
               was
               of
               happy
               use
               ;
               yet
               when
               abused
               by
               the
               people
               ,
               Hezekiah
               brake
               it
               in
               pieces
               ;
               f
               yea
               ,
               though
               of
               Divine
               Institution
               ,
               yet
               when
               it
               became
               a
               snare
               to
               the
               people
               ,
               that
               good
               King
               did
               not
               scruple
               to
               call
               it
               Nehushtan
               .
               
               The
               Court
               of
               Admiralty
               is
               one
               of
               the
               Courts
               Temporal
               ,
               one
               of
               the
               Courts
               of
               our
               Soveraign
               Lord
               the
               King
               ,
               and
               long
               since
               owned
               as
               such
               ,
               as
               appears
               by
               the
               Resolutions
               upon
               the
               Cases
               concerning
               the
               Jurisdiction
               
               of
               the
               Admiralty
               in
               Anno
               1632.
               
            
             
               If
               the
               Court
               of
               Admiralty
               be
               one
               of
               His
               Majesties
               Temporal
               Courts
               ,
               then
               the
               old
               Argument
               of
               the
               Conservation
               of
               the
               Crown-Rights
               ,
               seems
               not
               to
               hold
               in
               this
               case
               ,
               and
               only
               for
               that
               Reason
               ,
               as
               to
               Prohibitions
               against
               the
               Admiralty
               ;
               as
               well
               for
               that
               the
               said
               Court
               is
               a
               Court
               Temporal
               ,
               as
               that
               it
               is
               one
               of
               His
               Majesties
               Courts
               ;
               specially
               
               in
               Cases
               that
               are
               either
               Locally
               or
               Materially
               Maritime
               .
               It
               may
               not
               therefore
               be
               much
               material
               to
               inquire
               whether
               Prohibitions
               do
               lye
               as
               well
               against
               Temporal
               as
               Spiritual
               and
               Eccsesiastical
               Courts
               ;
               For
               
               admitting
               a
               Prohibition
               according
               to
               the
               Learned
               
                 Fitzh
                 .
                 [
                 g
              
               ]
               to
               be
               
                 A
                 Writ
                 for
                 the
                 forbidding
              
               any
               
                 Court
                 ;
                 either
              
               Spiritual
               or
               Secular
               ,
               
                 to
                 proceed
                 in
                 any
                 Cause
                 there
                 depending
                 ,
                 upon
                 suggestion
                 that
                 the
                 Cognition
                 thereof
                 belongeth
                 not
                 to
                 the
                 said
                 Court
              
               ;
               yet
               it
               is
               presumed
               that
               this
               doth
               not
               concern
               such
               Cases
               as
               
                 primo
                 intuitu
              
               appear
               to
               be
               Locally
               Maritime
               ,
               or
               according
               to
               the
               nature
               thereof
               have
               been
               time
               out
               of
               mind
               properly
               of
               the
               Admiral
               Cognizance
               ;
               For
               without
               doubt
               the
               suggestion
               mentioned
               in
               the
               said
               definition
               doth
               not
               in
               construction
               of
               Law
               pretend
               to
               any
               thing
               beyond
               the
               very
               truth
               of
               what
               is
               suggested
               ;
               or
               so
               ,
               as
               to
               transplea
               a
               Cause
               from
               one
               Jurisdiction
               to
               another
               ,
               
                 absque
                 minimo
                 fumo
                 probationis
              
               ,
               of
               the
               truth
               and
               reallity
               of
               the
               suggestion
               ,
               or
               that
               the
               Cognition
               of
               the
               Cause
               belongeth
               not
               to
               the
               Court
               Prohibited
               .
               Thus
               having
               seen
               what
               a
               Prohibition
               is
               ,
               which
               in
               truth
               is
               no
               more
               but
               this
               ,
               
                 viz.
                 A
                 Charge
                 by
                 Writ
                 to
                 forbear
                 to
                 hold
                 Plea
                 either
                 in
                 some
                 matter
                 or
                 manner
                 ,
                 which
                 (
                 as
                 is
                 supposed
                 or
                 suggested
                 )
                 a
                 man
                 dealeth
                 in
                 beyond
                 his
                 Jurisdiction
                 ,
                 or
                 otherwise
                 then
                 Law
                 will
                 warrant
              
               ;
               It
               follows
               ,
               That
            
             
               Every
               Prohibition
               is
               either
               
                 Prohibitio
                 Juris
              
               by
               the
               Law
               it self
               ;
               Or
               
                 Prohibitio
                 hominis
              
               ,
               
               where
               the
               Ministery
               of
               a
               competent
               Judge
               is
               used
               ;
               or
               
                 Prohibitio
                 Facti
              
               ,
               of
               meer
               Fact
               ,
               where
               it
               hath
               no
               fufficient
               ground
               or
               foundation
               in
               the
               Law
               :
               The
               Second
               of
               these
               ,
               viz.
               the
               Ministery
               of
               a
               competent
               Judge
               is
               so
               essential
               ,
               as
               without
               which
               neither
               of
               the
               other
               can
               proceed
               .
               
                 Prohibitio
                 Juris
              
               is
               a
               very
               Prohibition
               in
               it self
               ,
               and
               therefore
               it
               is
               a
               contempt
               to
               sue
               against
               it
               .
               Prohibitions
               of
               Law
               are
               such
               as
               are
               set
               down
               by
               any
               Law
               or
               Statute
               of
               this
               Land
               ,
               whereby
               Ecclesiastical
               Courts
               are
               interdicted
               from
               dealing
               in
               the
               matters
               in
               such
               Statutes
               contained
               .
               Such
               are
               the
               Statutes
               of
               2
               Ed.
               6.
               cap.
               13.
               whereby
               Judges
               Ecclesiastical
               are
               forbidden
               to
               hold
               Plea
               of
               any
               matter
               ,
               cause
               ,
               or
               thing
               ,
               being
               contrary
               or
               repugnant
               to
               or
               against
               the
               effect
               ,
               intent
               ,
               or
               meaning
               of
               the
               Statute
               of
               Westminster
               2.
               
               cap.
               3.
               the
               Statutes
               of
               
                 Articuli
                 Cleri
                 ,
                 Circumspecte
                 agatis
                 ,
                 Silva
                 Caedua
                 ,
              
               viz.
               43
               Ed.
               3.
               cap.
               3.
               
               The
               Treatise
               
                 De
                 Regia
                 Prohibitione
              
               ,
               Stat.
               1
               Ed.
               3.
               cap.
               10.
               
               Such
               also
               is
               the
               Statute
               of
               9
               Ed.
               2.
               cap.
               2.
               
               There
               are
               also
               other
               Statutes
               declaring
               in
               what
               Cases
               Prohibitions
               will
               not
               lye
               ;
               Such
               are
               the
               Statutes
               of
               9
               Ed.
               2.
               cap.
               1
               ,
               4
               ,
               5.
               
               Also
               18
               Ed.
               3.
               cap.
               5.
               
               &
               50
               Ed.
               3.
               cap.
               4.
               
               Prohibitions
               of
               Fact
               ,
               are
               such
               as
               having
               no
               sollid
               foundation
               (
               as
               the
               other
               )
               on
               the
               Laws
               and
               Statutes
               of
               this
               Kingdome
               ,
               may
               yet
               
                 pro
                 tempore
              
               have
               some
               kind
               of
               operation
               like
               
                 Prohibitio
                 Juris
              
               ,
               because
               therein
               also
               is
               
                 Prohibitio
                 hominis
              
               ,
               or
               the
               Ministery
               of
               the
               Judge
               
               or
               Superiour
               Magistrate
               .
               Such
               Prohibitions
               of
               Fact
               (
               where
               they
               happen
               )
               may
               administer
               more
               matter
               for
               Lawyers
               to
               work
               on
               ,
               then
               possibly
               the
               merits
               of
               the
               Cause
               require
               ,
               and
               have
               in
               former
               times
               occasioned
               several
               Complaints
               by
               reason
               of
               the
               perplexity
               of
               Law-Suits
               ,
               uncertainties
               in
               matters
               of
               Jurisdiction
               ,
               multiplicity
               of
               litigious
               Controversies
               ,
               excess
               of
               Charges
               ,
               delayes
               of
               Proceedings
               ,
               retardations
               of
               Justice
               ,
               and
               the
               like
               .
               Hence
               it
               was
               ,
               that
               Sir
               
                 Tho.
                 Ridley
              
               in
               his
               View
               of
               the
               Civil
               and
               Ecclesiastical
               Law
               so
               long
               since
               on
               this
               Subject
               said
               ,
               h
               
                 That
                 the
                 Right
                 of
                 the
                 Supreme
                 Magistrate
                 is
                 not
                 to
                 be
                 supposed
                 by
                 Imagination
                 ,
                 but
                 to
                 be
                 made
                 plain
                 by
                 Demonstration
                 .
                 And
                 so
                 both
                 the
                 Statute
                 of
              
               18
               Ed.
               3.
               cap.
               5.
               
                 is
                 ,
                 whereby
                 it
                 is
                 Provided
                 ,
                 That
                 no
                 Prohibition
                 shall
                 issue
                 ,
                 but
                 where
                 the
                 King
                 hath
                 the
                 Cognizance
                 ,
                 and
                 of
                 right
                 ought
                 to
                 have
                 ;
                 which
                 is
                 very
                 observable
                 ;
                 And
                 also
                 by
                 the
                 fore-mentioned
                 of
              
               2
               Ed.
               6.
               
                 which
                 prohibits
                 ▪
                 Prohibitions
                 to
                 be
                 granted
                 otherwise
                 then
                 upon
                 sight
                 of
                 the
                 Libel
                 ,
                 and
                 other
                 Circumstances
                 in
                 the
                 said
                 Statute
                 expressed
                 .
                 By
                 which
                 it
                 is
                 intended
                 ,
                 the
                 meaning
                 of
                 the
                 Law-givers
                 was
                 not
                 that
                 every
                 idle
                 suggestion
                 of
                 every
                 Atturney
                 should
                 breed
                 a
                 Prohibition
                 ;
                 but
                 such
                 only
                 should
                 be
                 granted
                 ,
                 as
                 the
                 Judge
                 according
                 to
                 Law
                 should
                 think
                 worthy
                 thereof
                 ,
                 if
                 there
                 were
                 Right
                 to
                 deserve
                 it
                 .
              
               Where
               the
               said
               Sir
               
                 Thomas
                 Ridley
              
               goes
               on
               and
               says
               ,
               
                 That
                 as
                 emulation
                 between
                 the
                 two
                 Laws
                 in
                 the
                 beginning
                 brought
              
               
               
                 in
                 these
                 multitude
                 of
                 Prohibitions
                 ,
                 either
                 against
              
               
               
                 or
                 beside
                 Law
                 :
                 so
                 the
                 gain
                 they
                 brought
                 to
                 the
                 Temporal
                 Courts
                 maintaineth
                 them
                 ;
                 which
                 also
              
               (
               they
               are
               his
               words
               )
               
                 makes
                 the
                 Judges
                 that
                 they
                 sesse
                 not
                 Costs
                 and
                 Damages
                 in
                 Cases
                 of
                 Consultation
                 ,
                 (
                 although
                 the
                 Statute
                 precisely
                 requires
                 their
                 assent
                 and
                 assignment
                 therein
                 )
                 because
                 they
                 would
                 not
                 deterre
                 other
                 men
                 from
                 suing
                 out
                 of
                 Prohibitions
                 ,
                 and
                 pursuing
                 the
                 same
                 .
              
               Though
               this
               was
               the
               Observation
               ,
               and
               these
               the
               very
               words
               of
               Sir
               
                 Thomas
                 Ridley
              
               upon
               this
               Subject
               in
               his
               time
               ,
               yet
               we
               may
               not
               thence
               inferre
               that
               so
               it
               is
               also
               now
               in
               our
               time
               ,
               specially
               now
               that
               Justice
               runs
               again
               in
               its
               proper
               channel
               ,
               and
               her
               ballance
               equally
               poized
               ;
               It
               was
               too
               true
               that
               in
               late
               years
               of
               unhappy
               memory
               the
               said
               words
               and
               observation
               of
               that
               Civilian
               were
               too
               sadly
               verified
               ;
               which
               now
               no
               doubt
               will
               in
               some
               short
               time
               (
               as
               is
               already
               in
               a
               good
               degree
               )
               be
               completely
               rectified
               .
            
             
               In
               order
               to
               a
               Prohibition
               there
               is
               to
               precede
               such
               a
               suggestion
               as
               may
               be
               proved
               ,
               not
               such
               a
               suggestion
               as
               is
               not
               capable
               of
               proof
               ;
               Improbable
               suggestions
               lay
               no
               foundations
               ;
               Non-Entities
               are
               no
               Basis
               for
               Existencies
               ;
               It
               hath
               been
               a
               Rule
               without
               Exception
               ever
               since
               the
               Creation
               ,
               That
               
                 Ex
                 nihilo
                 nihil
                 fit
              
               .
               By
               suggesting
               the
               Place
               ,
               where
               a
               Contract
               is
               supposed
               to
               be
               made
               ,
               to
               be
               at
               Burdeaux
               in
               France
               in
               Islington
               in
               the
               County
               of
               Middlesex
               ,
               seems
               to
               imply
               as
               if
               the
               alledging
               the
               Place
               ,
               
                 (
                 viz.
              
               to
               be
               within
               the
               body
               of
               
               some
               County
               within
               the
               Realm
               )
               were
               essential
               for
               the
               entituling
               of
               that
               Jurisdiction
               ,
               where
               such
               suggestion
               is
               made
               ,
               to
               a
               Cognizance
               of
               the
               Cause
               grounded
               upon
               that
               suggestion
               ,
               so
               that
               the
               Place
               seems
               to
               be
               of
               
               such
               Jurisdictional
               weight
               ,
               as
               not
               capable
               of
               being
               translocated
               by
               the
               highest
               strength
               of
               Imagination
               ,
               which
               may
               present
               strange
               things
               in
               Apparitions
               ,
               but
               cannot
               possibly
               enervate
               the
               energy
               of
               Truths
               and
               Reallities
               ;
               And
               thence
               possibly
               it
               is
               ,
               that
               for
               prevention
               of
               improbable
               surmizes
               ,
               as
               a
               suggestion
               may
               be
               
                 quasi
                 Causa
                 sine
                 qua
                 non
              
               of
               a
               Prohibition
               ,
               so
               the
               said
               Statute
               of
               2
               Ed.
               6.
               cap.
               13.
               provides
               that
               probability
               by
               witnesses
               (
               which
               cannot
               be
               without
               verity
               )
               be
               a
               due
               requisite
               of
               suggestions
               .
               The
               Lord
               Coke
               upo●
               this
               Subject
               of
               suggesting
               and
               surmizing
               ,
               viz.
               of
               places
               beyond
               Sea
               to
               be
               as
               within
               the
               Body
               of
               some
               County
               within
               this
               Realm
               ,
               doth
               acknowledge
               ,
               i
               That
               there
               is
               variety
               of
               Opinions
               in
               the
               very
               Books
               of
               the
               Common
               Law
               upon
               this
               point
               .
               This
               kind
               of
               suggesting
               and
               surmizing
               did
               in
               late
               years
               of
               fatal
               memory
               much
               impede
               the
               Judicial
               Proceedings
               of
               the
               Admiralty
               ,
               when
               it
               was
               no
               rare
               thing
               to
               meet
               with
               a
               suggestion
               of
               a
               Contract
               to
               have
               been
               made
               or
               other
               thing
               done
               upon
               the
               Land
               in
               some
               certain
               place
               within
               the
               Body
               of
               some
               County
               ,
               that
               really
               and
               in
               truth
               was
               made
               or
               done
               upon
               or
               beyond
               the
               Seas
               ,
               and
               farther
               possibly
               then
               the
               suggestor
               ever
               saw
               in
               a
               Map.
               The
               Civilians
               say
               ,
               there
               are
               certain
               
               Cases
               wherein
               
                 Prohibitio
                 vim
                 suam
                 non
                 exercet
              
               ,
               whereof
               one
               is
               ,
               
                 Quando
                 aliquid
                 prohibetur
                 sinel
                 Causa
              
               ;
               and
               the
               Law
               of
               this
               Realm
               allows
               another
               ,
               and
               that
               is
               ,
               
                 Quando
                 Consultatio
                 conceditur
              
               .
            
             
               Prohibitions
               in
               the
               Law
               there
               are
               of
               other
               kinds
               ,
               though
               not
               so
               pertinent
               to
               the
               purpose
               in
               hand
               ;
               Such
               is
               the
               Writ
               Indicavit
               ,
               as
               in
               matter
               of
               Tithes
               ;
               k
               This
               lyeth
               also
               for
               the
               Patron
               ,
               where
               the
               Incumbent
               is
               impleaded
               for
               the
               Advowson
               or
               right
               of
               Patronage
               in
               a
               Spiritual
               Court
               ;
               though
               it
               lyeth
               not
               till
               the
               Libel
               be
               brought
               to
               be
               viewed
               in
               Chancery
               ,
               
                 Et
                 Lis
                 Contestata
              
               ;
               l
               And
               it
               lyeth
               only
               before
               Sentence
               is
               given
               in
               the
               Ecclesiastical
               Court
               ,
               being
               afterwards
               void
               .
               Lastly
               ,
               a
               Prohibition
               ceaseth
               and
               loseth
               his
               vertue
               after
               a
               Consultation
               is
               granted
               ,
               as
               appears
               by
               the
               Statute
               of
               24
               Ed.
               1.
               which
               declares
               in
               what
               Cases
               a
               Consultation
               is
               grantable
               ;
               which
               again
               is
               afterwards
               more
               full
               in
               the
               Statute
               of
               2
               Ed.
               6.
               cap.
               13.
               whereby
               it
               is
               enacted
               ,
               
                 That
                 a
              
               Consultation
               
                 shall
                 be
                 granted
                 for
                 default
                 of
                 proving
                 the
                 suggestion
                 ,
                 and
                 double
                 Costs
                 and
                 Damages
                 (
                 as
                 aforesaid
                 )
                 awarded
                 to
                 the
                 party
                 hindred
                 by
                 such
                 Prohibition
                 ,
                 against
                 him
                 that
                 so
                 pursued
                 the
                 same
                 .
              
               And
               where
               a
               Consultation
               is
               once
               truly
               granted
               ,
               the
               Judge
               formerly
               prohibited
               ,
               shall
               according
               to
               the
               Statute
               of
               50
               Ed.
               3.
               cap.
               4.
               proceed
               in
               the
               Cause
               ,
               notwithstanding
               any
               other
               Prohibition
               thereupon
               ,
               provided
               the
               matter
               in
               the
               Libel
               be
               not
               altered
               .
            
          
           
             
             
               CHAP.
               VII
               .
            
             
               Of
               Fictions
               ;
               
                 what
                 a
              
               Fiction
               
                 in
                 Law
                 is
                 ;
                 how
                 farre
                 and
                 in
                 what
                 cases
              
               Fictions
               
                 may
                 be
                 used
                 according
                 to
                 the
                 Rules
                 of
                 Law.
                 
              
            
             
               BY
               Fiction
               is
               here
               intended
               no
               other
               then
               such
               as
               the
               Law
               it self
               intends
               ,
               no
               other
               then
               such
               as
               being
               authorised
               by
               Law
               ,
               and
               introduced
               upon
               a
               warrant
               of
               Law
               ,
               hath
               in
               operation
               the
               due
               effect
               of
               Law.
               As
               for
               other
               Fictions
               ,
               the
               Law
               understands
               them
               but
               as
               meer
               Cyphers
               ,
               tollerating
               none
               but
               such
               as
               are
               grounded
               upon
               and
               regulated
               according
               to
               the
               just
               Principles
               of
               the
               Law
               ;
               The
               Essence
               of
               Law
               being
               more
               Rational
               ,
               her
               Designs
               more
               Equitable
               ,
               her
               Mediums
               more
               feasible
               ,
               and
               her
               style
               more
               serious
               and
               venerable
               ,
               then
               to
               hazard
               either
               under
               the
               Conduct
               of
               any
               Notions
               inconsistent
               either
               with
               Equity
               or
               Possibility
               ;
               For
               the
               Law
               doth
               imitate
               Nature
               ;
               Such
               Fictions
               therefore
               as
               cannot
               endure
               the
               Test
               of
               Law
               ,
               are
               Fictions
               indeed
               ,
               proper
               only
               for
               a
               Comment
               upon
               Lucians
               Dialogues
               .
               To
               proceed
               therefore
               to
               the
               Law.
               
            
             
               A
               Fiction
               in
               the
               eye
               of
               the
               Law
               ,
               and
               such
               whose
               Practice
               may
               be
               warranted
               by
               Law
               ,
               is
               
                 Legis
                 adversus
                 veritatem
                 in
                 re
                 Possibili
                 ex
                 justa
                 causa
                 dispositio
                 .
              
               a
               So
               that
               it
               is
               Legis
               
               
                 non
                 hominis
                 dispositio
              
               ;
               it
               must
               be
               a
               Fiction
               framed
               according
               to
               the
               Rules
               of
               Law
               ,
               not
               whatever
               is
               imaginable
               in
               the
               conceptions
               of
               Man.
               This
               word
               
                 [
                 Dispositio
              
               ]
               is
               sometimes
               taken
               for
               a
               quality
               of
               the
               mind
               ,
               or
               imperfect
               habit
               ,
               that
               is
               ,
               an
               Inclination
               or
               Affection
               .
               b
               But
               in
               this
               place
               it
               signifies
               an
               Act
               proceeding
               from
               good
               Authority
               of
               Law
               ;
               for
               it
               must
               be
               
                 Ex
                 justa
                 Causa
              
               ;
               which
               word
               
                 [
                 Just
              
               ]
               hath
               divers
               acceptations
               or
               significations
               in
               the
               Law
               ;
               As
               sometimes
               it
               is
               opposed
               to
               that
               which
               is
               wicked
               or
               contrary
               to
               Justice
               and
               Equity
               ;
               whence
               it
               follows
               ,
               that
               the
               Suggestor
               may
               not
               frame
               or
               model
               a
               Fiction
               opposite
               thereto
               ;
               Sometimes
               the
               word
               
                 [
                 Just
              
               ]
               is
               in
               the
               Law
               taken
               for
               Full
               or
               Perfect
               ;
               And
               hereby
               all
               defects
               and
               imperfections
               for
               want
               of
               any
               Legal
               Requisites
               in
               the
               Suggestors
               Notions
               to
               the
               fabricating
               of
               a
               Fiction
               ,
               are
               excluded
               ;
               Such
               are
               the
               defects
               or
               imperfections
               in
               respect
               either
               of
               Equity
               or
               Possibility
               ;
               For
               as
               the
               suggestions
               are
               to
               arise
               
                 ex
                 justa
                 causa
              
               ,
               so
               they
               are
               to
               center
               
                 in
                 re
                 possibili
              
               .
               But
               to
               prevent
               mistakes
               ,
               let
               it
               not
               be
               hence
               inferred
               ,
               as
               if
               it
               were
               here
               implyed
               ,
               that
               all
               Surmizes
               and
               Suggestions
               at
               Law
               in
               order
               to
               remove
               or
               transplea
               a
               Cause
               from
               one
               Jurisdiction
               to
               another
               ,
               were
               such
               Fictions
               as
               fall
               not
               within
               the
               compass
               of
               the
               said
               Definition
               of
               a
               
                 Legal
                 Fiction
              
               ;
               If
               any
               such
               inconsequent
               construction
               be
               made
               of
               the
               Premises
               ,
               or
               shall
               be
               made
               of
               what
               follows
               ,
               it
               is
               no
               mans
               errour
               but
               the
               Readers
               ;
               
               For
               though
               all
               Fictions
               ,
               whether
               Legal
               or
               illegal
               ,
               may
               be
               Surmizes
               ,
               Suggestions
               ,
               or
               Suppositions
               ,
               yet
               all
               Surmizes
               or
               Suggestions
               are
               not
               illegal
               Fictions
               ;
               And
               many
               of
               the
               Suggestions
               used
               in
               the
               Practick
               part
               of
               the
               Law
               for
               the
               end
               aforesaid
               ,
               are
               both
               true
               ,
               equitable
               ,
               and
               possible
               ,
               and
               consequently
               probable
               ,
               and
               so
               of
               good
               and
               necessary
               use
               in
               practice
               ,
               according
               to
               the
               Law
               in
               the
               Statute
               of
               Prohibitions
               in
               that
               behalf
               provided
               .
               And
               this
               not
               by
               way
               of
               digression
               ,
               but
               
                 ad
                 majorem
                 &
                 necessariam
                 Cautelam
              
               ,
               to
               prevent
               all
               mis-apprehensions
               .
            
             
               The
               foresaid
               Definition
               of
               a
               Fiction
               Legal
               ,
               not
               finding
               general
               entertainment
               among
               the
               DD
               ,
               it
               may
               be
               free
               to
               incline
               with
               the
               more
               received
               opinion
               to
               Bartols
               definition
               thereof
               ;
               whose
               words
               are
               c
               these
               ,
               viz.
               
                 Fictio
                 ,
                 est
                 in
                 re
                 certa
                 ,
                 ejus
                 quod
                 est
                 possibile
                 adversus
                 veritatem
                 ,
                 pro
                 veritate
                 a
                 jure
                 facta
                 assumptio
                 .
              
               A
               Fiction
               is
               an
               Assumption
               of
               Law
               upon
               an
               untruth
               for
               a
               truth
               ,
               against
               the
               truth
               ,
               in
               some
               thing
               possible
               to
               be
               done
               ,
               but
               not
               done
               .
               So
               that
               Surmizes
               and
               Suggestions
               in
               Judicial
               Practice
               that
               are
               true
               ,
               are
               not
               (
               as
               was
               aforesaid
               )
               Fictions
               .
               In
               this
               definition
               it
               is
               said
               to
               be
               
                 in
                 re
                 certa
              
               ,
               to
               difference
               it
               from
               Presumption
               ,
               which
               ever
               fixes
               upon
               something
               that
               is
               dubious
               ,
               d
               yet
               carries
               so
               much
               of
               truth
               with
               it
               ,
               as
               without
               better
               evidence
               is
               not
               counterpoized
               ;
               But
               
                 Fictio
                 fit
                 super
                 Certo
              
               ,
               e
               
                 Super
                 Falso
                 &
                 Certo
                 fingitur
                 ;
                 Super
                 Vero
                 &
                 Incerto
                 praesumitur
                 .
              
               f
               Likewise
               ,
               in
               
               in
               this
               definition
               it
               is
               said
               to
               be
               
                 Ejus
                 quod
                 est
                 possibile
              
               ,
               because
               
                 Super
                 eo
                 quod
                 est
                 impossibile
                 non
                 potest
                 fingi
                 .
              
               g
               Of
               Impossibilities
               there
               can
               be
               no
               Fiction
               according
               to
               Law
               whereon
               to
               ground
               any
               Suggestion
               .
               Reason
               it self
               proves
               this
               ,
               for
               Art
               (
               as
               aforesaid
               )
               ever
               imitates
               Nature
               ;
               And
               what
               is
               impossible
               according
               to
               Nature
               ,
               is
               impossible
               according
               to
               Art
               ;
               and
               though
               Art
               in
               some
               sense
               may
               be
               said
               to
               perfect
               Nature
               ,
               yet
               it
               may
               not
               contradict
               Nature
               in
               any
               sense
               .
               A
               Fiction
               in
               Law
               ever
               imitates
               a
               possibility
               in
               Natur●
               .
               h
               Again
               ,
               it
               is
               said
               to
               be
               
                 Adversus
                 veritatem
              
               ,
               because
               if
               it
               were
               really
               true
               ,
               it
               would
               cease
               to
               be
               a
               Fiction
               ,
               yet
               withal
               it
               is
               said
               to
               be
               
                 pro
                 veritate
              
               ,
               An
               Assumption
               of
               Law
               upon
               an
               untruth
               for
               a
               truth
               ,
               because
               it
               hath
               the
               effect
               of
               Law
               ,
               being
               thus
               qualified
               ,
               as
               fully
               as
               if
               it
               were
               an
               Assumption
               upon
               a
               Truth
               .
               Lastly
               ,
               it
               is
               said
               to
               be
               
                 à
                 jure
                 facta
                 Assumptio
              
               ,
               to
               exclude
               all
               illegal
               untruths
               ,
               which
               are
               not
               of
               Law
               ,
               but
               of
               Man
               ,
               and
               therefore
               have
               not
               the
               designed
               effect
               in
               operation
               of
               Law.
               
            
             
               The
               premises
               considered
               ,
               it
               is
               most
               evident
               ,
               That
               on
               every
               Fiction
               according
               to
               Law
               ,
               attend
               two
               such
               Essential
               Requisites
               ,
               that
               if
               either
               of
               them
               be
               wanting
               ,
               it
               ceases
               to
               be
               a
               
                 Legal
                 Fiction
              
               ;
               The
               one
               is
               Equity
               ,
               the
               other
               is
               Possibility
               ;
               These
               are
               the
               
                 Duo
                 Necessaria
              
               to
               every
               
                 Legal
                 Fiction
              
               ;
               And
               such
               Fictions
               thus
               qualified
               ,
               are
               introduced
               by
               the
               Civil
               Law
               ,
               wherein
               among
               many
               others
               there
               are
               specially
               two
               that
               may
               be
               
               said
               to
               be
               the
               Capital
               or
               more
               Principal
               Fictions
               in
               the
               Law
               ;
               The
               one
               whereof
               is
               
                 in
                 Lege
                 Cornelia
              
               ;
               The
               other
               
                 in
                 jure
                 Postliminii
              
               ;
               A
               Fiction
               
                 Legis
                 Corneliae
              
               takes
               place
               ,
               when
               a
               Captive
               
                 intra
                 praesidia
                 hostium
              
               dyes
               under
               such
               Captivity
               ;
               For
               if
               so
               ,
               then
               such
               Captive
               by
               that
               Law
               ,
               if
               he
               made
               a
               Will
               before
               such
               his
               being
               taken
               Captive
               ,
               shall
               in
               favour
               of
               such
               Will
               ,
               and
               for
               the
               upholding
               of
               the
               same
               ,
               be
               feigned
               to
               be
               dead
               
                 in
                 puncto
                 temporis
              
               ,
               immediately
               before
               such
               his
               being
               taken
               Captive
               .
               i
               And
               so
               by
               that
               Legal
               Fiction
               of
               Death
               his
               Will
               is
               firm
               and
               valid
               ,
               as
               if
               he
               had
               really
               dyed
               without
               ever
               being
               taken
               by
               the
               Enemy
               .
               That
               
                 De
                 jure
                 Postliminii
              
               is
               ,
               whereby
               for
               the
               preservation
               of
               a
               mans
               right
               of
               property
               ,
               the
               Law
               doth
               feign
               him
               that
               is
               returned
               out
               of
               Captivity
               to
               be
               and
               to
               have
               been
               as
               if
               he
               had
               never
               been
               Captive
               ,
               or
               at
               all
               absent
               from
               that
               place
               of
               his
               freedome
               and
               priviledge
               ,
               whereof
               he
               was
               before
               such
               his
               Capture
               ;
               k
               whereby
               he
               is
               redintegrated
               into
               his
               pristine
               state
               and
               condition
               .
               As
               it
               is
               thus
               as
               to
               Persons
               ,
               so
               also
               is
               it
               as
               to
               Things
               ,
               such
               only
               excepted
               as
               by
               Law
               are
               exempted
               from
               the
               priviledge
               of
               Postliminium
               .
            
             
               There
               are
               divers
               other
               Fictions
               in
               the
               Law
               ,
               though
               of
               less
               weight
               ,
               which
               have
               not
               any
               dependance
               at
               all
               on
               the
               former
               ,
               yet
               not
               one
               of
               them
               without
               Equity
               and
               Possibility
               .
               Thus
               he
               that
               is
               in
               contempt
               for
               non-appearance
               in
               Court
               upon
               due
               Summons
               ,
               is
               by
               Law
               feigned
               to
               be
               present
               ,
               that
               so
               neither
               the
               
               Law
               might
               be
               rendred
               Elusory
               by
               his
               absence
               ,
               nor
               himself
               get
               any
               advantage
               by
               his
               own
               Laches
               ,
               nor
               the
               adverse
               party
               receive
               prejudice
               by
               the
               others
               contempt
               .
               l
               So
               on
               the
               other
               side
               ,
               he
               that
               is
               present
               in
               Court
               ,
               but
               doth
               there
               lurk
               and
               hide
               himself
               ,
               
                 vel
                 latitare
                 inter
                 columnas
              
               ,
               is
               by
               the
               Law
               feigned
               to
               be
               absent
               .
               m
               Also
               ,
               he
               that
               is
               
                 in
                 utero
              
               ,
               and
               as
               yet
               unborn
               ,
               is
               by
               the
               Law
               
                 quoad
                 suum
                 commodum
              
               ,
               feigned
               to
               be
               born
               ,
               lest
               otherwise
               he
               should
               be
               left
               without
               remedy
               as
               to
               a
               childs
               portion
               .
               n
               Likewise
               ,
               such
               as
               enter
               into
               mutual
               Contracts
               of
               Partnership
               ,
               though
               themselves
               may
               not
               therein
               create
               Fictions
               other
               then
               the
               Law
               allows
               ,
               yet
               in
               matters
               of
               Society
               and
               Partnership
               the
               
                 Lex
                 Aquiliana
              
               doth
               feign
               a
               mutual
               stipulation
               or
               hypothecation
               in
               such
               Consortship
               ,
               which
               the
               Law
               styles
               
                 stipulatio
                 Aquiliana
              
               ,
               &
               in
               such
               cases
               
                 Socius
                 socio
                 tenetur
                 Lege
                 Aquiliana
              
               .
               o
               And
               in
               such
               cases
               of
               Partnership
               for
               the
               acquisition
               of
               a
               Dominium
               and
               Property
               in
               all
               the
               goods
               in
               Partnership
               without
               any
               actual
               delivery
               ,
               the
               Law
               doth
               tacitly
               feign
               such
               a
               delivery
               ,
               albeit
               it
               never
               specially
               intervened
               .
               p
               Likewise
               the
               Law
               feigns
               the
               person
               of
               one
               to
               represent
               the
               person
               of
               another
               ,
               that
               so
               Nephews
               and
               Nieces
               may
               succeed
               together
               with
               their
               Unkles
               and
               Aunts
               in
               their
               Grand-fathers
               and
               Grandmothers
               goods
               and
               chattels
               ,
               for
               so
               much
               thereof
               as
               should
               have
               come
               to
               their
               parents
               respectively
               ,
               in
               case
               they
               had
               been
               alive
               at
               the
               time
               of
               their
               said
               Grand-parents
               decease
               .
               q
               In
               like
               manner
               
               he
               that
               is
               dead
               ,
               may
               by
               Law
               be
               feigned
               to
               be
               alive
               to
               several
               constructions
               and
               operations
               of
               Law
               ,
               if
               others
               his
               equals
               in
               age
               be
               then
               alive
               ,
               or
               in
               case
               his
               being
               really
               alive
               at
               such
               time
               of
               feigning
               him
               to
               be
               alive
               ,
               doth
               not
               exceed
               the
               natural
               age
               of
               man.
               r
               Many
               more
               instances
               of
               
                 Legal
                 Fictions
              
               might
               here
               be
               added
               ,
               but
               these
               may
               suffice
               for
               proof
               ,
               that
               though
               the
               Law
               allows
               of
               Fictions
               ,
               yet
               never
               but
               where
               there
               is
               
                 justa
                 causa
              
               with
               equity
               and
               possibility
               ,
               disowning
               all
               others
               as
               
                 Monstrous
                 Fictions
              
               ,
               that
               are
               propagated
               meerly
               of
               the
               froth
               of
               the
               brain
               ;
               for
               the
               Law
               (
               as
               aforesaid
               )
               ever
               resembles
               and
               imitates
               Nature
               ;
               And
               therefore
               if
               any
               man
               will
               enter
               the
               lists
               with
               Lucian
               ,
               or
               strain
               his
               imagination
               to
               forge
               rarities
               beyond
               his
               Dialogues
               ,
               and
               feign
               a
               battel
               of
               Elephants
               to
               be
               fought
               on
               a
               Cobweb
               in
               the
               Air
               ,
               or
               fresh
               water-spring
               to
               rise
               out
               of
               the
               Whales
               belly
               ,
               or
               a
               Mine
               of
               Gold
               fifty
               fathome
               under
               ground
               in
               the
               middle
               Region
               of
               the
               Air
               ,
               or
               the
               like
               ,
               he
               may
               expect
               no
               protection
               from
               the
               Law
               for
               such
               irregular
               Notions
               .
            
             
               A
               
                 Legal
                 Fiction
              
               under
               the
               foresaid
               qualifications
               ,
               is
               threefold
               ;
               either
               Inductiva
               ,
               or
               Privitiva
               ,
               or
               
                 Translativa
                 &
                 Extensiva
              
               .
               A
               
                 Fiction
                 Inductive
              
               ,
               is
               ,
               when
               the
               Law
               feigns
               that
               to
               be
               which
               indeed
               is
               not
               ;
               A
               
                 Fiction
                 Privitive
              
               ,
               is
               ,
               when
               the
               Law
               feigns
               that
               not
               to
               be
               which
               indeed
               is
               ;
               And
               a
               
                 Fiction
                 Translative
              
               or
               Extensive
               ,
               is
               ,
               when
               the
               Law
               doth
               feign
               a
               thing
               to
               be
               done
               in
               one
               manner
               ,
               
               which
               in
               truth
               is
               done
               in
               another
               .
               The
               first
               of
               these
               ,
               or
               the
               
                 Inductive
                 Fiction
                 ▪
              
               is
               an
               Assumption
               of
               Law
               in
               a
               thing
               certain
               and
               possible
               ,
               upon
               a
               non-existency
               for
               an
               existency
               ;
               The
               second
               ,
               or
               the
               
                 Privitive
                 Fiction
              
               ,
               is
               alike
               definable
               ,
               only
               the
               words
               inverted
               ;
               And
               the
               third
               ,
               or
               
                 Translative
                 Fiction
              
               ,
               is
               only
               an
               Assumption
               of
               Law
               more
               upon
               the
               Modus
               then
               the
               thing
               it self
               ;
               So
               called
               ,
               because
               it
               is
               mainly
               conversant
               in
               one
               of
               these
               four
               varieties
               ;
               As
               either
               when
               the
               Law
               by
               a
               Fiction
               transfers
               or
               translates
               some
               Act
               or
               Thing
               ,
               either
               from
               one
               place
               to
               another
               ,
               or
               from
               one
               person
               to
               another
               ,
               or
               from
               one
               thing
               to
               another
               ,
               or
               from
               one
               time
               to
               another
               ;
               But
               which
               soever
               of
               thes●
               the
               Fiction
               be
               ,
               it
               must
               still
               keep
               within
               the
               due
               limits
               and
               bounds
               of
               equity
               and
               possibility
               .
               Whatever
               the
               Fiction
               be
               ,
               it
               may
               be
               reduced
               to
               one
               of
               these
               three
               heads
               ,
               either
               
                 Inductiva
                 ,
                 Privitiva
              
               ,
               or
               Translativa
               ;
               and
               neither
               of
               these
               but
               must
               quadrare
               with
               Bartols
               said
               definition
               ,
               or
               the
               Law
               rejects
               it
               as
               spurious
               and
               illegitimate
               .
            
             
               For
               the
               yet
               clearer
               apprehension
               of
               the
               premises
               ,
               it
               may
               be
               no
               digression
               to
               insert
               a
               word
               by
               way
               of
               caution
               to
               the
               imperfect
               Notionist
               ,
               that
               he
               would
               not
               hence
               infer
               as
               if
               the
               Law
               did
               
                 feign
                 impossibilities
              
               ,
               because
               it
               supposes
               the
               living
               to
               be
               dead
               ,
               and
               the
               dead
               to
               be
               alive
               ;
               the
               absent
               to
               be
               present
               ,
               and
               the
               present
               to
               be
               absent
               ;
               and
               the
               like
               .
               For
               although
               they
               would
               indeed
               be
               impossibilities
               ,
               if
               only
               considered
               simply
               in
               an
               identity
               
               of
               fact
               and
               time
               ,
               of
               person
               and
               of
               place
               ,
               without
               their
               right
               and
               due
               diversifications
               ;
               yet
               they
               are
               not
               impossibilities
               ,
               being
               rightly
               according
               to
               the
               Law
               of
               Fictions
               distinguished
               in
               respect
               of
               fact
               ,
               time
               ,
               person
               and
               place
               ,
               together
               with
               such
               transactions
               ,
               translocations
               ,
               transtemporations
               ,
               and
               transpersonalities
               ,
               as
               according
               to
               Rules
               of
               Law
               are
               requisite
               to
               every
               Fiction
               that
               enures
               to
               any
               effect
               in
               Law
               ;
               For
               that
               which
               may
               seem
               
                 Deceptio
                 intellectus
              
               ,
               and
               by
               mis-apprehension
               possibly
               be
               taken
               for
               an
               impossibility
               in
               the
               precedent
               instances
               of
               a
               Legal
               Fiction
               ,
               is
               in
               truth
               nothing
               but
               that
               defect
               or
               absence
               of
               verity
               in
               the
               person
               ,
               act
               ,
               thing
               ,
               manner
               ,
               time
               or
               place
               feigned
               ;
               Indeed
               ,
               to
               look
               for
               Truth
               in
               a
               Fiction
               ,
               is
               to
               expect
               an
               impossibility
               with
               as
               much
               vanity
               as
               some
               men
               do
               for
               Revelations
               :
               if
               it
               were
               possible
               that
               there
               could
               be
               the
               least
               verity
               in
               the
               thing
               supposed
               ,
               it
               would
               immediately
               cease
               to
               be
               a
               Fiction
               .
               Legal
               Fictions
               may
               be
               aptly
               styled
               ,
               
                 The
                 just
                 Policies
                 of
                 Law
              
               ,
               to
               attain
               unto
               the
               end
               and
               effect
               of
               Law
               by
               remedies
               extraordinary
               ,
               only
               where
               the
               ordinary
               means
               do
               fail
               .
               This
               therefore
               is
               no
               warrant
               to
               fly
               to
               Fictions
               though
               Legal
               ,
               much
               less
               to
               others
               ,
               as
               remedies
               extraordinary
               ,
               when
               the
               ordinary
               means
               by
               Law
               provided
               may
               be
               used
               .
            
             
               This
               point
               of
               Fictions
               having
               now
               been
               put
               to
               the
               touchstone
               of
               the
               Law
               ,
               and
               impartially
               weighed
               in
               the
               ballance
               thereof
               ,
               it
               plainly
               appears
               ,
               what
               kind
               of
               Fictions
               
               they
               are
               ,
               that
               are
               legally
               qualified
               to
               take
               place
               in
               the
               Judicial
               proceedings
               of
               the
               
                 Civil
                 Law
              
               in
               Forraign
               Nations
               ,
               as
               also
               in
               this
               Kingdome
               ;
               which
               (
               before
               the
               late
               unnaturall
               and
               intestine
               Wars
               )
               was
               ,
               and
               now
               seems
               to
               be
               for
               Religion
               ,
               Justice
               and
               Commerce
               ,
               
                 Regina
                 Insularum
                 totius
                 Orbis
              
               .
            
          
           
             
               CHAP.
               VIII
               .
            
             
               That
               the
               Cognizance
               of
               all
               Causes
               and
               Actions
               arising
               of
               Contracts
               made
               ,
               and
               other
               things
               done
               upon
               the
               Sea
               ,
               is
               inherent
               in
               the
               Jurisdiction
               of
               the
               Admiralty
               .
            
             
               THis
               Truth
               in
               the
               Law
               is
               not
               denyed
               in
               the
               Judgements
               of
               men
               ,
               though
               it
               hath
               not
               wanted
               at
               least
               a
               seeming
               Contradiction
               
               in
               Practice
               .
               Witness
               Susans
               Case
               against
               Turner
               in
               Noys
               Reports
               ;
               where
               it
               is
               said
               ,
               
                 That
                 if
                 a
                 Suit
                 be
                 in
                 the
                 Court
                 of
                 Admiralty
                 for
                 a
                 Contract
                 supposed
                 to
                 be
                 made
              
               Super
               altum
               mare
               ,
               
                 the
                 Defendant
                 upon
                 a
                 Surmize
                 or
                 Suggestion
                 that
                 it
                 was
                 made
                 upon
                 the
                 Land
                 within
                 the
                 Realm
                 ,
                 may
                 have
                 a
                 Prohibition
                 .
              
               Such
               and
               the
               like
               begat
               that
               complaint
               of
               the
               Admiralty
               ,
               which
               gave
               the
               Lord
               Coke
               
               occasion
               to
               assert
               in
               these
               words
               following
               ,
               viz.
               a
               
                 That
                 by
                 the
                 Laws
                 of
                 the
                 Realm
                 the
                 Court
                 of
                 Admiralty
                 hath
                 no
                 cognizance
                 ,
                 power
                 ,
                 or
                 Jurisdiction
                 of
                 any
                 matter
                 of
                 contract
                 ,
                 plea
                 ,
                 or
                 querele
                 within
                 any
                 County
                 of
                 the
                 Realm
                 ,
                 either
                 upon
                 Land
                 or
                 the
                 Water
                 :
                 but
                 every
                 such
                 contract
                 ,
                 plea
                 ,
                 or
                 querele
                 ,
                 and
                 all
                 other
                 things
                 rising
                 within
                 any
                 County
                 ,
                 either
                 upon
                 the
                 Land
                 or
                 the
                 Water
                 ,
                 ought
                 to
                 be
                 tryed
                 and
                 determined
                 by
                 the
                 Laws
                 of
                 the
                 Land
                 ,
                 and
                 not
                 before
                 or
                 by
                 the
                 Lord
                 Admiral
                 or
                 his
                 Lieutenant
                 in
                 any
                 manner
                 :
                 So
                 as
                 it
                 is
                 not
                 material
                 ,
                 whether
                 the
                 place
                 be
                 upon
                 the
                 Water
              
               infra
               fluxum
               &
               refluxum
               aquae
               ,
               
                 but
                 whether
                 it
                 be
                 upon
                 any
                 Water
                 within
                 any
                 County
                 .
                 Wherefore
                 we
                 acknowledge
                 that
                 of
                 contracts
                 ,
                 pleas
                 ,
                 and
                 quereles
                 made
                 upon
                 the
                 Sea
                 or
                 any
                 part
                 thereof
                 ,
                 which
                 is
                 not
                 within
                 any
                 County
                 (
                 from
                 whence
                 no
                 tryal
                 can
                 be
                 had
                 thereof
                 by
                 twelve
                 men
                 )
                 the
                 Lord
                 Admiral
                 hath
                 and
                 ought
                 to
                 have
                 Jurisdiction
                 .
              
               This
               was
               the
               Answer
               long
               since
               given
               to
               an
               Objection
               made
               by
               the
               Admiralty
               ;
               But
               the
               Objection
               was
               ,
               
                 That
                 whereas
                 the
                 Cognizance
                 of
                 all
                 Contracts
                 and
                 other
                 thiags
                 done
                 upon
                 the
                 Sea
                 ,
                 belongeth
                 only
                 to
                 the
                 Juisdiction
                 of
                 the
                 Admiralty
                 ,
                 the
                 same
                 are
                 made
                 tryable
                 at
                 the
                 Common
                 Law
                 ,
                 by
              
               supposing
               
                 the
                 same
                 to
                 have
                 been
                 done
                 in
              
               Cheapside
               ,
               
                 and
                 such
                 like
                 places
              
               .
               So
               that
               the
               sinew
               of
               the
               Objection
               is
               ,
               That
               things
               done
               upon
               the
               Sea
               ,
               being
               cognizable
               only
               in
               the
               Admiralty
               ,
               are
               made
               tryable
               elsewhere
               by
               supposing
               them
               to
               be
               done
               in
               Cheapside
               ,
               and
               such
               like
               plaees
               .
               The
               said
               
               Answer
               speaking
               nothing
               as
               to
               the
               said
               manner
               of
               supposing
               ,
               seems
               not
               to
               enervate
               the
               said
               Objection
               ;
               The
               Answer
               distinctly
               declares
               and
               sets
               forth
               where
               and
               in
               what
               places
               the
               Jurisdiction
               of
               the
               Admiralty
               hath
               not
               Cognizance
               ,
               viz.
               not
               upon
               Land
               or
               Water
               within
               any
               County
               ;
               But
               why
               (
               according
               to
               the
               said
               Objection
               )
               things
               
               done
               upon
               the
               Sea
               ,
               and
               belonging
               only
               to
               the
               Admiralty
               ,
               are
               made
               tryable
               at
               Common
               Law
               ,
               by
               supposing
               them
               to
               be
               done
               in
               Cheapside
               ,
               and
               such
               like
               places
               ,
               seems
               yet
               to
               be
               resolved
               ;
               
                 Statutum
                 simpliciter
                 loquens
                 ,
                 debet
                 intelligi
                 de
                 his
                 quae
                 vera
                 sunt
                 secundum
                 veritatem
                 ,
                 non
                 de
                 his
                 quae
                 sunt
                 secundum
                 Fictionem
                 .
              
               b
               The
               scruple
               touching
               the
               surmize
               implyed
               in
               the
               supposition
               mentioned
               in
               the
               said
               Objection
               ,
               doth
               arise
               from
               the
               fact
               so
               supposed
               ,
               as
               whether
               solid
               enough
               to
               lay
               foundation
               for
               such
               superstructures
               as
               are
               built
               thereon
               .
               It
               is
               acknowledged
               ,
               That
               of
               Contracts
               made
               and
               other
               things
               done
               upon
               the
               Sea
               ,
               or
               any
               part
               thereof
               ,
               which
               is
               not
               within
               any
               County
               ,
               the
               Lord
               Admiral
               hath
               and
               ought
               to
               have
               Jurisdiction
               ;
               but
               if
               this
               
                 Super
                 altum
                 mare
              
               should
               by
               a
               meer
               surmize
               or
               suggestion
               be
               translocated
               in
               operation
               of
               Law
               ,
               and
               so
               thereby
               become
               as
               it
               were
               
                 Infra
                 Corpus
                 Comitatus
              
               ,
               the
               said
               acknowledgement
               would
               seem
               to
               be
               disacknowledged
               ,
               and
               the
               said
               Objection
               would
               seem
               to
               be
               an
               Objection
               still
               .
               
                 Veritatis
                 congressus
                 invictae
                 est
                 major
                 veritas
                 .
              
               And
               he
               that
               sues
               an
               Admiral
               Cause
               in
               another
               
               Court
               ,
               ought
               to
               withdraw
               it
               ,
               and
               to
               fine
               to
               the
               King.
               
               c
            
             
               Brownlow
               Reports
               ,
               d
               That
               if
               a
               Bond
               bear
               date
               
                 Super
                 altum
                 mare
              
               ,
               it
               must
               be
               sued
               only
               in
               the
               Admiral
               Court.
               Whether
               then
               an
               Obligation
               or
               other
               Contract
               made
               on
               board
               one
               of
               the
               Frigots
               of
               the
               Navy
               Royall
               ,
               or
               the
               like
               ,
               in
               the
               Straights
               ,
               may
               be
               tryed
               in
               other
               then
               the
               Admiral
               Court
               ,
               by
               alledging
               or
               supposing
               the
               same
               to
               have
               been
               made
               in
               the
               Straights
               in
               Islington
               in
               the
               County
               of
               Middlesex
               ,
               seems
               to
               be
               the
               question
               ;
               for
               the
               very
               truth
               of
               the
               fact
               as
               to
               the
               place
               of
               making
               such
               Obligation
               in
               the
               Straights
               ,
               or
               
                 Super
                 altū
                 mare
              
               ,
               seems
               not
               to
               alter
               the
               Case
               ,
               if
               the
               place
               so
               suggested
               is
               not
               to
               be
               traverfed
               ,
               it
               being
               as
               easie
               and
               as
               feasible
               to
               suppose
               and
               suggest
               the
               said
               Frigot
               and
               the
               Straights
               ,
               as
               Burdeaux
               in
               France
               to
               be
               in
               Islington
               .
               But
               the
               great
               Oracle
               of
               the
               Law
               assures
               us
               ,
               e
               
                 That
                 things
                 done
                 out
                 of
                 the
                 Realm
                 may
                 not
                 be
                 tryed
                 within
                 the
                 Realm
                 by
                 the
                 oath
                 of
                 twelve
                 men
                 .
              
            
             
               It
               is
               reported
               in
               Palmers
               Case
               against
               Pope
               ,
               f
               That
               Jennings
               
                 libelled
                 in
                 the
                 Admiralty
                 against
                 one
              
               Audley
               ,
               
                 upon
                 a
                 Contract
                 laid
                 to
                 be
                 made
              
               apud
               Malaga
               infra
               districtum
               Maris
               vocat
               .
               
                 The
                 Straights
                 of
                 Gibralter
              
               infra
               Jurisdictionem
               Maritimam
               ;
               
                 And
                 because
                 it
                 appeared
                 ,
                 That
                 the
                 Contract
                 was
                 made
                 at
                 the
                 Island
                 of
              
               Malaga
               ,
               
                 Prohibition
                 was
                 granted
                 ,
                 for
                 it
                 was
                 not
                 regarded
                 ,
                 that
                 he
                 added
              
               infra
               Jurisdictionem
               Maritimam
               ,
               
                 which
                 appeared
                 contrary
              
               .
               If
               in
               another
               Case
               
               it
               happen
               to
               be
               elsewhere
               supposed
               that
               the
               Contract
               is
               made
               at
               Burdeaux
               in
               France
               in
               Islington
               ,
               though
               by
               the
               very
               light
               of
               nature
               it
               appears
               ,
               as
               soon
               as
               it
               is
               put
               ,
               to
               be
               contrary
               ,
               yet
               there
               may
               be
               that
               reason
               of
               Law
               to
               hold
               the
               place
               is
               not
               traversable
               as
               to
               the
               
                 Infra
                 Corpus
                 Comitatus
              
               ,
               which
               the
               
                 Infra
                 Jurisdictionem
                 Maritimam
              
               cannot
               duly
               expect
               ,
               when
               that
               appears
               to
               be
               contrary
               .
               It
               was
               once
               said
               by
               Justice
               Wray
               in
               Sir
               
                 Julius
                 Caesars
              
               Case
               ,
               g
               
                 That
                 it
                 was
                 hard
                 that
                 his
                 Jurisdiction
                 should
                 be
                 tryed
                 before
                 himself
                 .
              
               It
               hath
               been
               observed
               for
               these
               last
               twenty
               years
               ,
               that
               it
               is
               far
               more
               easie
               to
               preach
               good
               doctrine
               then
               to
               practise
               it
               .
            
             
               The
               Law
               in
               all
               Jurisdictions
               is
               but
               Reason
               Regulated
               ;
               No
               wonder
               therefore
               if
               sometimes
               a
               Cause
               as
               to
               the
               Merits
               of
               it
               meet
               with
               a
               right
               Decision
               in
               a
               wrong
               Jurisdiction
               ;
               but
               less
               wonder
               if
               it
               oftner
               happeneth
               otherwise
               .
               It
               is
               reported
               in
               the
               Case
               of
               Bright
               against
               Couper
               ,
               h
               
                 That
                 an
                 Action
                 of
                 Covenant
                 being
                 brought
                 upon
                 a
                 Covenant
                 made
                 by
                 a
                 Merchant
                 with
                 a
                 Master
                 of
                 a
                 Ship
                 ,
              
               viz.
               
                 That
                 if
                 he
                 would
                 bring
                 his
                 Fraight
                 to
                 such
                 a
                 Port
                 ,
                 then
                 he
                 would
                 pay
                 him
                 such
                 a
                 summe
                 ;
                 it
                 was
                 shewed
                 that
                 part
                 of
                 the
                 goods
                 were
                 taken
                 away
                 by
                 Pyrats
                 ,
                 and
                 that
                 the
                 residue
                 of
                 the
                 goods
                 were
                 brought
                 to
                 the
                 place
                 appointed
                 ,
                 and
                 there
                 unladen
                 ;
                 And
                 that
                 the
                 Merchant
                 had
                 not
                 paid
                 ,
                 and
                 so
                 the
                 Covenant
                 broken
                 :
                 And
                 the
                 question
                 was
                 ,
                 whether
                 the
                 Merchant
                 should
                 pay
                 the
                 mony
                 agreed
                 for
                 ,
                 since
                 all
                 the
              
               
               
                 Merchandizes
                 were
                 not
                 brought
                 to
                 the
                 place
                 appointed
                 :
                 And
                 the
                 Court
                 was
                 of
                 opinion
                 ,
                 that
                 he
                 ought
                 not
                 to
                 pay
                 the
                 mony
                 ,
                 because
                 the
                 Agreement
                 was
                 not
                 by
                 him
                 performed
                 .
              
               Here
               is
               no
               mention
               made
               of
               a
               penny-fraight
               paid
               for
               the
               residue
               of
               the
               goods
               brought
               to
               the
               place
               appointed
               ,
               albeit
               there
               was
               
                 Vis
                 major
              
               ,
               or
               
                 Casus
                 Fortuitus
              
               ,
               without
               any
               default
               in
               the
               Master
               or
               Mariners
               ,
               in
               the
               Case
               ;
               the
               Court
               being
               of
               opinion
               that
               he
               ought
               not
               to
               pay
               the
               mony
               ,
               because
               the
               Agreement
               was
               not
               by
               him
               performed
               ;
               nor
               had
               it
               been
               performed
               in
               case
               of
               stress
               of
               weather
               ,
               part
               of
               the
               goods
               had
               
                 Navis
                 Levandae
                 causa
              
               ,
               been
               thrown
               over-board
               ;
               probably
               this
               Pyracy
               ,
               whereby
               came
               this
               casual
               incapacity
               of
               performing
               the
               Agreement
               ,
               was
               
                 Super
                 altum
                 mare
              
               .
               And
               the
               same
               Reporter
               in
               Westons
               Case
               ,
               i
               
                 A
                 Merchant
                 hath
                 a
                 Ship
                 taken
                 by
                 a
              
               Spaniard
               ,
               
                 being
                 enemy
                 ,
                 and
                 a
                 moneth
                 after
                 an
              
               English
               
                 Merchant
                 with
                 a
                 Ship
                 called
                 the
              
               Little
               Richard
               ,
               
                 re-takes
                 it
                 from
                 the
              
               Spaniard
               ;
               
                 And
                 the
                 Owner
                 of
                 the
                 Ship
                 sueth
                 for
                 that
                 in
                 the
                 Admiralty
                 Court.
                 And
                 Prohibition
                 was
                 granted
                 ,
                 because
                 the
                 Ship
                 was
                 gained
                 by
                 battel
                 of
                 an
                 enemy
                 .
              
               Probably
               this
               Capture
               and
               Re-capture
               ,
               the
               occasion
               of
               this
               plea
               and
               querele
               ,
               was
               only
               
                 Super
                 altum
                 mare
              
               ;
               and
               the
               property
               of
               Shipping
               called
               into
               question
               by
               reason
               of
               such
               supermarine
               accidents
               ,
               the
               matter
               of
               this
               plea
               and
               querele
               ,
               is
               of
               every
               days
               practice
               in
               the
               Admiralty
               ,
               and
               so
               accustomed
               time
               out
               of
               mind
               .
               But
               at
               another
               time
               in
               a
               Case
               
               something
               parallel
               to
               that
               
                 quoad
                 merita
                 Causae
                 super
                 altum
                 mare
                 ,
              
               A
               Prohibition
               would
               not
               be
               granted
               ,
               k
               A
               Dunkirker
               
                 having
                 seised
                 a
              
               French
               
                 mans
                 Vessel
              
               Super
               altum
               mare
               ,
               
                 sold
                 the
                 same
                 with
                 her
                 Lading
                 at
              
               We●mouth
               ,
               
                 whither
                 it
                 had
                 been
                 driven
                 before
                 its
                 brought
              
               infra
               praesidia
               Dom.
               Regis
               Hispan
               .
               
                 whereupon
                 the
              
               French
               
                 man
                 Libelled
                 in
                 the
                 Court
                 of
                 Admiralty
                 against
                 the
                 Vendee
              
               pro
               interesse
               suo
               ,
               
                 who
                 shewed
                 that
                 it
                 was
                 taken
                 not
                 by
                 Letters
                 of
                 Mart
                 ,
                 as
                 was
                 pretended
                 ,
                 but
                 by
                 Piracy
                 ;
                 And
                 prayed
                 a
                 Prohibition
                 .
                 And
                 it
                 was
                 agreed
                 by
                 the
                 Justices
                 ,
                 That
                 if
                 a
                 Ship
                 be
                 taken
                 by
                 Piracy
                 ,
                 or
                 by
                 Letters
                 of
                 Mart
                 ,
                 and
                 be
                 not
                 brought
              
               infra
               praesidia
               ,
               
                 of
                 that
                 Prince
                 by
                 whose
                 subject
                 it
                 was
                 taken
                 ,
                 that
                 it
                 is
                 no
                 lawful
                 Prize
                 ,
                 and
                 the
                 Property
                 is
                 not
                 altered
                 :
                 and
                 such
                 was
                 said
                 to
                 be
                 the
                 Law
                 of
                 the
                 Court
                 of
                 Admiralty
                 .
                 And
                 therefore
                 the
                 Court
                 would
                 not
                 grant
                 a
                 Prohibition
                 .
              
               In
               the
               former
               Case
               where
               Prohibition
               was
               granted
               ,
               the
               property
               of
               the
               Ship
               seems
               not
               to
               be
               altered
               ,
               for
               though
               she
               were
               ,
               as
               that
               Case
               puts
               it
               ,
               taken
               by
               an
               Enemy
               ,
               and
               a
               moneth
               intervened
               between
               the
               Capture
               and
               re-Capture
               ,
               and
               so
               did
               pernoctare
               with
               
               the
               Captors
               ,
               yet
               it
               does
               not
               appear
               by
               that
               Case
               that
               she
               was
               ever
               brought
               
                 infra
                 praesidia
                 hostium
              
               before
               such
               re-capture
               ,
               or
               that
               ever
               Judication
               passed
               thereon
               ;
               And
               if
               there
               were
               any
               alteration
               of
               Property
               of
               that
               ship
               ,
               the
               Property
               must
               have
               been
               altered
               
                 Super
                 altum
                 mare
              
               ,
               which
               is
               properly
               Cognizable
               in
               the
               Admiralty
               in
               respect
               of
               the
               Place
               as
               
               
               well
               as
               the
               thing
               it self
               in
               its
               own
               nature
               .
               Littleton
               ,
               that
               Famous
               Oracle
               of
               the
               Law
               ,
               as
               aforesaid
               ,
               asserts
               ,
               l
               
                 That
                 a
                 thing
                 done
                 out
                 of
                 the
                 Realm
                 may
                 not
                 be
                 tryed
                 within
                 the
                 Realm
                 by
                 the
                 oath
                 of
                 twelve
                 men
                 .
              
               The
               Lord
               Coke
               (
               as
               aforesaid
               )
               acknowledgeth
               ,
               m
               
                 That
                 the
                 Lord
                 Admiral
                 hath
                 and
                 ought
                 to
                 have
                 Jurisdiction
                 of
                 Contracts
                 ,
                 pleas
                 and
                 quereles
                 made
                 upon
                 the
                 Sea
                 ,
                 or
                 any
                 part
                 thereof
                 not
                 within
                 any
                 County
                 .
              
               And
               Sir
               
                 George
                 Crook
              
               says
               ,
               n
               
                 That
                 if
                 a
                 Suit
                 be
                 commenced
                 in
                 the
                 Court
                 of
                 Admiralty
                 upon
                 things
                 done
                 upon
                 the
                 Sea
                 ,
                 no
                 Prohibition
                 is
                 to
                 be
                 granted
                 .
              
               Therefore
               it
               follows
               ,
               that
               Contracts
               made
               and
               other
               things
               done
               upon
               the
               Sea
               are
               inherent
               in
               the
               Jurisdiction
               of
               the
               Admiralty
               .
            
          
           
             
               CHAP.
               IX
               .
            
             
               
                 Of
                 Contracts
                 and
                 Bargains
                 made
                 ,
                 and
                 other
                 things
                 done
              
               Beyond
               the
               Seas
               .
            
             
               And
               whether
               the
               Cognizance
               thereof
               doth
               belong
               to
               the
               Admiralty
               .
            
             
               IF
               the
               Jurisdiction
               of
               the
               Admiralty
               in
               this
               point
               should
               seem
               to
               be
               pretermitted
               or
               waved
               ,
               by
               saying
               that
               Bargains
               and
               Contracts
               made
               beyond
               the
               Seas
               (
               wherein
               the
               
               Common
               Law
               cannot
               administer
               Juflice
               )
               do
               belong
               to
               the
               Lord
               High
               Constable
               and
               Earl
               Marshal
               of
               England
               ,
               It
               might
               seem
               tacitely
               to
               imply
               ,
               as
               if
               Charter-parties
               ,
               Bills
               of
               Lading
               ,
               Cockets
               ,
               Invoyces
               ,
               Commissions
               of
               Mart
               ,
               Marine
               Consortships
               ,
               and
               other
               Contracts
               or
               things
               made
               or
               done
               beyond
               Sea
               touching
               Trade
               and
               Navigation
               ,
               were
               not
               within
               the
               Conusance
               of
               the
               Jurisdiction
               of
               the
               High
               Admiralty
               of
               England
               .
               Whereas
               it
               is
               well
               known
               ,
               That
               they
               are
               only
               Contracts
               and
               Deeds
               of
               Arms
               ,
               and
               of
               War
               ,
               and
               the
               like
               ,
               out
               of
               the
               Realm
               ,
               that
               do
               properly
               belong
               to
               the
               Lord
               High
               Constable
               and
               Earl
               Marshal
               of
               England
               ,
               and
               the
               like
               within
               the
               Realm
               ;
               whose
               Jurisdiction
               is
               of
               a
               distinct
               and
               diversified
               nature
               ,
               both
               from
               that
               of
               the
               Common
               Law
               and
               of
               the
               Admiralty
               also
               .
               It
               is
               said
               ,
               o
               
                 That
                 if
                 an
                 Indenture
                 ,
                 Bond
                 ,
                 or
                 other
                 Specialty
                 ,
                 or
                 any
                 Contract
                 be
                 made
                 beyond
                 Sea
                 ,
                 for
                 the
                 doing
                 of
                 any
                 Act
                 or
                 payment
                 of
                 mony
                 within
                 the
                 Realm
                 ,
                 or
                 otherwise
                 ,
                 wherein
                 the
                 Common
                 Law
                 can
                 administer
                 Justice
                 ,
                 and
                 give
                 ordinary
                 remedy
                 ;
                 In
                 these
                 Cases
                 neither
                 the
                 Constable
                 and
                 Marshal
                 ,
                 nor
                 the
                 Court
                 of
                 Admiralty
                 hath
                 any
                 Jurisdiction
                 .
              
               So
               that
               the
               Admiralty
               seems
               hereby
               to
               be
               of
               little
               use
               as
               to
               Contracts
               though
               Vltra-marine
               .
               But
               the
               Lord
               Hobard
               in
               Bridgmans
               Case
               goes
               farther
               ,
               and
               says
               ,
               p
               
                 That
                 it
                 hath
                 been
                 often
                 Resolved
                 ,
                 That
                 if
                 any
                 Obligation
                 were
                 made
              
               at
               Sea
               ,
               
                 yet
                 it
                 could
                 not
                 be
                 sued
                 in
                 the
                 Admiralty
                 Court
                 ,
                 because
                 it
                 is
                 an
                 Obligation
              
               
               
                 which
                 takes
                 his
                 course
                 ,
                 and
                 binds
                 according
                 te
                 the
                 Common
                 Law.
              
               So
               that
               it
               hence
               follows
               ,
               that
               if
               it
               be
               made
               
                 beyond
                 Sea
              
               ,
               wherein
               the
               Common
               Law
               can
               administer
               Justice
               ,
               the
               Court
               of
               Admiralty
               hath
               not
               any
               Jurisdiction
               ;
               And
               if
               it
               be
               made
               
                 at
                 Sea
              
               ,
               it
               cannot
               be
               sued
               in
               the
               Admiralty
               Court
               ,
               because
               it
               takes
               its
               course
               ,
               and
               binds
               according
               to
               the
               Common
               Law.
               Thus
               betwixt
               Land
               and
               Water
               ,
               between
               Contracts
               made
               
                 beyond
                 Sea
              
               ,
               and
               Obligations
               made
               
                 at
                 Sea
              
               ,
               the
               Admiralty
               seems
               like
               a
               kind
               of
               Derelict
               .
               But
               probably
               it
               is
               not
               hereby
               meant
               or
               intended
               that
               every
               Contract
               made
               beyond
               Sea
               shall
               be
               tryed
               at
               the
               Common
               Law
               ,
               but
               only
               such
               as
               are
               there
               made
               for
               doing
               some
               Act
               within
               the
               Realm
               ,
               or
               otherwise
               ,
               wherein
               the
               Common
               Law
               can
               administer
               Justice
               ,
               and
               give
               ordinary
               remedy
               ;
               Nor
               every
               thing
               done
               
                 at
                 Sea
              
               ,
               but
               only
               Obligations
               ,
               which
               have
               their
               course
               ,
               and
               bind
               according
               to
               the
               Common
               Law
               ,
               and
               also
               when
               these
               things
               done
               
                 at
                 Sea
              
               ,
               be
               not
               (
               as
               Bridgmans
               Case
               farther
               puts
               it
               )
               of
               the
               same
               nature
               and
               respect
               ,
               that
               is
               ,
               (
               as
               the
               said
               Case
               explains
               it
               )
               an
               Obligation
               made
               
                 at
                 Sea
              
               for
               security
               of
               a
               debt
               growing
               before
               
                 at
                 Land
              
               ,
               cannot
               be
               sued
               in
               the
               Court
               of
               Admiralty
               ,
               because
               it
               is
               not
               for
               a
               Marine
               cause
               .
               No
               man
               ,
               't
               is
               presumed
               ,
               doth
               question
               but
               there
               may
               be
               debts
               growing
               at
               Land
               for
               Marine
               Causes
               ,
               as
               in
               respect
               of
               Shipping
               ,
               Navigation
               ,
               and
               the
               like
               ;
               Otherwise
               a
               Skipper
               signing
               Bills
               of
               Lading
               at
               Land
               ,
               might
               pretend
               
               such
               Bills
               of
               Lading
               so
               signed
               by
               him
               did
               not
               oblige
               him
               to
               a
               delivery
               of
               the
               goods
               therein
               expressed
               according
               to
               the
               consignation
               thereof
               .
               A
               Marine
               Contract
               may
               be
               made
               ,
               and
               a
               Nautical
               debt
               contracted
               as
               well
               by
               Land
               as
               by
               Sea
               ,
               for
               security
               whereof
               Obligation
               may
               be
               afterwards
               made
               at
               or
               beyond
               the
               Sea
               ,
               and
               be
               within
               the
               Cognizance
               of
               the
               Jurisdiction
               of
               the
               Admiralty
               ;
               which
               would
               not
               signifie
               much
               in
               this
               or
               any
               Nation
               ,
               if
               it
               could
               not
               administer
               Justice
               in
               any
               Cases
               save
               only
               such
               as
               have
               their
               Birth
               ,
               Life
               and
               Death
               ,
               their
               foundation
               ,
               negotiation
               ,
               and
               consummation
               precisely
               
                 Super
                 altum
                 mare
              
               ;
               specially
               where
               a
               surmize
               or
               suggestion
               may
               be
               material
               
                 quoad
                 examen
              
               ,
               though
               the
               Case
               oft
               times
               happens
               to
               prove
               otherwise
               ,
               
                 quoad
                 merita
              
               .
               Sir
               
                 George
                 Croke
              
               in
               the
               foresaid
               Resolutions
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               ,
               q
               seems
               to
               be
               of
               another
               opinion
               ,
               where
               it
               is
               said
               ,
               
                 That
                 if
                 a
                 Suit
                 be
                 commenced
                 in
                 the
                 Court
                 of
                 Admiralty
                 upon
                 Contracts
                 made
                 or
                 other
                 things
                 done
                 beyond
                 the
                 Seas
                 ,
                 or
                 upon
                 the
                 Seas
                 ,
                 no
                 Prohibition
                 to
                 be
                 granted
                 or
                 awarded
                 .
                 There
              
               respect
               seems
               to
               be
               had
               more
               to
               the
               Place
               where
               the
               Contract
               is
               made
               ,
               then
               whether
               it
               be
               for
               a
               Marine
               cause
               ;
               There
               are
               some
               things
               that
               wherever
               they
               be
               made
               or
               done
               (
               whether
               this
               side
               the
               Sea
               ,
               upon
               the
               Sea
               ,
               or
               beyond
               the
               Sea
               )
               may
               be
               properly
               Cognizable
               in
               the
               Admiralty
               ;
               Such
               are
               Charter-parties
               ,
               Bills
               of
               Lading
               ,
               and
               the
               like
               ;
               There
               are
               other
               things
               wherein
               
               the
               Jurisdiction
               of
               the
               Admiralty
               is
               limited
               as
               to
               the
               Locallity
               upon
               or
               beyond
               the
               Sea
               ;
               Personal
               Actions
               may
               sometimes
               be
               or
               not
               be
               of
               Admiral
               Cognizance
               ,
               according
               as
               they
               are
               here
               or
               there
               Local
               ,
               at
               other
               times
               they
               are
               regulated
               
                 quoad
                 subjectam
                 materiam
              
               ,
               about
               which
               they
               are
               conversant
               ;
               for
               as
               there
               are
               some
               certain
               Places
               that
               
                 sui
                 natura
              
               are
               subject
               to
               the
               Jurisdiction
               of
               the
               Admiralty
               ,
               so
               there
               are
               some
               certain
               Things
               that
               are
               likewise
               
                 sui
                 natura
              
               ,
               subject
               to
               the
               same
               Jurisdiction
               ;
               And
               as
               a
               
                 Maritime
                 Place
              
               may
               without
               respect
               to
               the
               
                 sub●ect
                 matter
              
               entitle
               that
               Jurisdiction
               to
               a
               Cognoslibility
               of
               a
               Case
               ;
               so
               sometimes
               the
               
                 subject
                 matter
              
               as
               the
               said
               
                 Charter-parties
                 ,
                 Bills
                 of
                 Lading
              
               ,
               and
               such
               like
               ,
               may
               without
               such
               absolute
               respect
               had
               to
               the
               Place
               ,
               have
               the
               same
               operation
               ;
               were
               it
               otherwise
               ,
               it
               might
               be
               something
               difficult
               to
               find
               a
               Case
               simply
               and
               absolutely
               of
               an
               Admiral
               Cognizance
               ;
               for
               Contracts
               though
               made
               even
               upon
               or
               beyond
               the
               Seas
               ,
               are
               generally
               to
               take
               effect
               
                 at
                 Land
              
               ;
               And
               that
               which
               is
               purely
               Marine
               in
               the
               Cause
               ,
               may
               be
               Terrene
               in
               the
               Effect
               ;
               Bills
               of
               Lading
               ,
               that
               are
               so
               properly
               inherent
               in
               the
               Admiralty
               ,
               take
               
                 effect
                 at
                 Land
              
               ,
               though
               made
               and
               firm'd
               a
               ship-board
               for
               the
               most
               part
               ,
               upon
               or
               beyond
               the
               Seas
               ;
               Likewise
               Contracts
               for
               Fraight
               and
               Mariners
               wages
               ,
               take
               effect
               at
               Land
               ;
               yet
               for
               the
               most
               part
               are
               made
               a
               ship-board
               upon
               or
               beyond
               the
               Seas
               .
               These
               Obligations
               (
               for
               they
               are
               Obligations
               )
               though
               they
               are
               for
               
               doing
               some
               Act
               within
               the
               Realm
               ,
               as
               in
               Bills
               of
               Lading
               for
               the
               safe
               delivery
               a
               shore
               (
               the
               dangers
               of
               the
               Sea
               excepted
               )
               of
               such
               goods
               to
               the
               Consignatory
               as
               are
               therein
               mentioned
               ;
               and
               in
               Contracts
               of
               Fraight
               and
               Mariners
               wages
               for
               the
               due
               payment
               of
               mony
               on
               the
               Land
               ,
               yet
               are
               all
               within
               the
               Jurisdiction
               of
               the
               Admiralty
               .
               When
               a
               Contract
               is
               really
               made
               
                 Super
                 altum
                 mare
                 vel
                 ultra
                 quatuor
                 maria
                 ,
              
               specially
               in
               matters
               
                 sui
                 natura
              
               maritime
               ,
               though
               in
               order
               to
               something
               afterwards
               to
               be
               done
               or
               performed
               in
               whole
               or
               in
               part
               upon
               the
               Land
               ;
               This
               seems
               by
               the
               Ancient
               Customes
               ,
               style
               and
               practice
               of
               the
               Admiralty
               to
               be
               within
               the
               Jurisdiction
               thereof
               ;
               yea
               ,
               properly
               and
               exclusively
               ,
               unless
               you
               hold
               the
               doctrine
               of
               
                 Universal
                 Concurrency
              
               .
               And
               herein
               the
               Admiralty
               may
               safely
               appeal
               to
               the
               words
               of
               that
               great
               Oracle
               of
               the
               Law
               ,
               whereof
               mention
               hath
               been
               made
               in
               the
               precedent
               Chapter
               ,
               r
               viz.
               
                 Que
                 chose
                 fait
                 hors
                 del
                 Royalme
                 n'
                 aient
                 poet
                 estre
                 trie
                 diens
                 Le
                 Royalme
                 per
                 Le
                 serement
                 de
              
               12.
               
               A
               thing
               done
               out
               of
               the
               Realm
               may
               not
               be
               tryed
               within
               the
               Realm
               by
               the
               oath
               of
               twelve
               men
               .
               This
               is
               the
               judgement
               of
               him
               whom
               the
               Lord
               Coke
               styles
               not
               only
               by
               the
               name
               of
               a
               Lawyer
               ,
               but
               of
               the
               Law
               it self
               .
            
             
               No
               surmize
               or
               suggestion
               can
               cause
               that
               to
               be
               ,
               which
               in
               
                 sui
                 natura
              
               is
               not
               ,
               nor
               cause
               that
               legally
               to
               seem
               to
               be
               ,
               which
               
                 in
                 rerum
                 natura
              
               is
               not
               capable
               of
               being
               .
               The
               Question
               
               is
               not
               whether
               an
               Alien
               born
               out
               of
               the
               Dominions
               of
               the
               Realm
               of
               England
               may
               as
               a
               Demandant
               bring
               his
               real
               Action
               ;
               nor
               is
               it
               imagined
               by
               any
               ,
               that
               because
               he
               is
               an
               Alien
               ,
               that
               therefore
               his
               Case
               may
               not
               come
               to
               Tryal
               for
               want
               of
               a
               suggestion
               ;
               To
               feign
               a
               Native
               of
               France
               to
               be
               born
               in
               such
               a
               certain
               place
               in
               England
               ,
               doth
               not
               reach
               the
               Case
               in
               hand
               ;
               For
               though
               it
               be
               impossible
               for
               one
               and
               the
               same
               individual
               person
               to
               be
               born
               in
               both
               places
               ,
               yet
               it
               is
               not
               impossible
               but
               that
               he
               who
               is
               surmized
               or
               suggested
               to
               be
               born
               in
               one
               place
               ,
               might
               in
               truth
               be
               born
               in
               another
               ;
               nor
               contrary
               to
               the
               Rules
               of
               Law
               to
               surmize
               a
               translocation
               of
               a
               mans
               Nativity
               ,
               which
               admits
               a
               possibility
               in
               any
               place
               within
               the
               habitable
               parts
               of
               the
               whole
               Universe
               ;
               therefore
               such
               a
               surmize
               or
               suggestion
               may
               be
               regularly
               consiste●t
               with
               the
               Law
               of
               Fictions
               ,
               and
               consequently
               practicable
               for
               the
               foundation
               of
               Process
               ,
               Action
               ,
               or
               Judicial
               Proceedings
               ;
               But
               it
               may
               be
               otherwise
               of
               certain
               Things
               ,
               which
               if
               you
               assay
               by
               a
               surmize
               to
               remove
               from
               their
               proper
               element
               ,
               you
               may
               seem
               as
               it
               were
               to
               annihilate
               the
               thing
               it self
               .
               Or
               endeavouring
               a
               representation
               of
               such
               non-entities
               by
               a
               meer
               conception
               of
               words
               ,
               you
               may
               seem
               as
               it
               were
               to
               attempt
               incapabilities
               ,
               which
               the
               Law
               understands
               not
               ,
               or
               no
               other
               then
               the
               ebolitions
               of
               fancy
               ;
               for
               
                 ex
                 nihilo
                 nihil
                 fit
              
               .
               Nor
               is
               it
               controverted
               whether
               a
               Delinquent
               for
               adherency
               with
               the
               Kings
               Enemies
               beyond
               Sea
               ,
               shall
               be
               
               tryed
               in
               England
               ;
               no
               question
               but
               such
               adherency
               without
               the
               Kingdome
               (
               to
               accommodate
               the
               matter
               for
               Tryal
               somewhere
               ,
               and
               to
               prevent
               a
               total
               failure
               of
               Justice
               )
               may
               according
               to
               Law
               be
               alledged
               to
               have
               been
               made
               in
               some
               place
               within
               the
               Kingdome
               ;
               because
               a
               Fact
               of
               that
               kind
               is
               within
               the
               Notion
               of
               Nature
               and
               Reason
               capable
               of
               a
               being
               in
               either
               ;
               But
               it
               does
               not
               thence
               follow
               ,
               that
               the
               Collision
               of
               one
               Ship
               against
               another
               by
               the
               violence
               of
               Wind
               and
               Tide
               ,
               being
               and
               capable
               of
               happening
               where
               
                 Terra
                 firma
              
               is
               not
               ,
               may
               according
               to
               Rules
               of
               Law
               be
               supposed
               to
               have
               happened
               in
               the
               Ward
               of
               Cheap
               ,
               when
               possibly
               or
               in
               truth
               the
               said
               casualty
               did
               happen
               
                 Super
                 altum
                 mare
              
               ,
               it
               may
               be
               sixty
               Leagues
               West-ward
               of
               the
               Cassiterides
               ,
               or
               Isles
               of
               Scilly
               ;
               And
               this
               not
               so
               much
               to
               accommodate
               the
               matter
               for
               a
               Tryal
               at
               Law
               somewhere
               for
               prevention
               of
               a
               total
               failure
               of
               Justice
               ,
               as
               in
               the
               former
               cases
               ;
               as
               to
               remove
               a
               Tryal
               ,
               already
               in
               being
               ,
               from
               one
               Jurisdiction
               to
               another
               ,
               
                 &
                 lite
                 pendente
                 ad
                 aliud
                 examen
                 .
              
               There
               is
               a
               double
               difference
               and
               of
               wide
               dimensions
               between
               the
               said
               instances
               and
               the
               true
               state
               of
               the
               Case
               in
               hand
               .
               First
               ,
               that
               way
               of
               arguing
               holds
               well
               and
               rationally
               to
               create
               a
               Tryal
               in
               case
               of
               Necessity
               ,
               where
               otherwise
               Justice
               might
               totally
               fail
               for
               want
               of
               a
               competent
               Tribunal
               in
               order
               thereto
               ;
               And
               here
               there
               is
               no
               opponent
               ,
               for
               the
               objection
               is
               of
               another
               nature
               ,
               as
               when
               surmizes
               and
               suggestions
               are
               used
               as
               a
               remedy
               
               extraordinary
               ,
               where
               the
               ordinary
               means
               fail
               not
               ,
               and
               that
               not
               so
               much
               to
               beget
               a
               Tryal
               which
               otherwise
               could
               have
               no
               being
               ,
               as
               to
               remove
               a
               Tryal
               actually
               in
               being
               .
               Secondly
               ,
               there
               is
               a
               vast
               difference
               in
               Law
               between
               Persons
               and
               Things
               ,
               in
               reference
               to
               Legal
               Fictions
               ,
               as
               to
               their
               operation
               in
               Judicial
               Proceedings
               ;
               For
               Persons
               in
               one
               place
               will
               without
               offence
               to
               the
               Law
               admit
               of
               Fictions
               to
               suppose
               them
               in
               any
               place
               ;
               but
               Things
               and
               Actions
               are
               ever
               to
               be
               accommodated
               as
               unto
               a
               possibility
               in
               Nature
               ,
               so
               to
               Rationality
               and
               Equity
               in
               Act
               ;
               Insomuch
               that
               if
               by
               any
               manner
               of
               supposing
               they
               happen
               to
               be
               strain'd
               beyond
               either
               of
               these
               ,
               all
               the
               Superstructure
               may
               fall
               for
               want
               of
               sufficient
               foundation
               .
               Though
               it
               be
               very
               true
               what
               Spiegelius
               once
               said
               ,
               
                 Fingi
                 Lites
                 poterunt
                 ,
                 ut
                 transactio
                 fiat
                 citra
                 Praetoris
                 authoritatem
                 ,
              
               yet
               most
               apt
               and
               true
               also
               is
               that
               of
               Ulpian
               ,
               s
               
                 Fictio
                 privata
                 &
                 illicita
                 nihil
                 distat
                 à
                 fraudulent
                 a
                 simulatione
              
               ;
               The
               Reason
               in
               Law
               is
               ,
               because
               as
               all
               Legal
               Fictions
               must
               ever
               imitate
               Nature
               it self
               
                 in
                 re
                 possibili
              
               ,
               though
               it
               be
               
                 adversus
                 veritatem
              
               :
               so
               it
               must
               also
               be
               
                 Legis
                 ex
                 justa
                 causa
                 dispositio
              
               .
            
             
               It
               is
               said
               ,
               t
               
                 That
                 an
                 Obligation
                 made
                 beyond
                 the
                 Seas
                 ,
                 may
                 be
                 sued
                 in
                 what
                 place
                 in
              
               England
               
                 the
                 Plaintiff
                 please
                 ;
                 Insomuch
                 that
                 notwithstanding
                 it
                 bear
                 date
                 at
              
               Burdeaux
               in
               France
               ,
               
                 yet
                 it
                 may
                 be
                 alledged
                 to
                 be
                 made
              
               in
               quodam
               loco
               vocat
               '
               Burdeaux
               in
               France
               in
               Islington
               
                 in
                 the
                 County
                 of
              
               Middlesex
               ,
               and
               
               
                 there
                 it
                 shall
                 be
                 tryed
                 ;
                 For
                 ,
              
               (
               as
               it
               is
               there
               farther
               added
               )
               
                 in
                 that
                 case
                 it
                 is
                 not
                 traversable
                 whether
                 there
                 be
                 such
                 a
                 place
                 in
              
               Islington
               
                 or
                 no.
              
               But
               yet
               the
               Renowned
               Littleton
               says
               plainly
               ,
               as
               is
               before
               observed
               ,
               
                 That
                 a
                 thing
                 done
                 out
                 of
                 the
                 Realm
                 may
                 not
                 be
                 tryed
                 within
                 the
                 Realm
                 by
                 the
                 Oath
                 of
                 twelve
                 men
                 .
              
               u
               If
               an
               Obligation
               
               made
               beyond
               the
               Seas
               ,
               may
               be
               sued
               here
               in
               England
               ,
               in
               whatsoever
               place
               the
               Plaintiff
               please
               ,
               admitting
               the
               intraversability
               of
               the
               place
               ,
               it
               follows
               ,
               That
               a
               thing
               done
               at
               Burdeaux
               in
               France
               may
               be
               tryed
               in
               Middlesex
               in
               England
               ,
               and
               that
               which
               was
               done
               in
               the
               East-Indies
               may
               be
               tryed
               in
               the
               Ward
               of
               Cheap
               .
               If
               it
               be
               admitted
               that
               the
               words
               of
               the
               incomparable
               Littleton
               ,
               viz.
               
                 [
                 Out
                 of
                 the
                 Realm
              
               ]
               And
               the
               words
               of
               the
               Lord
               Coke
               ,
               viz.
               
                 [
                 Beyond
                 the
                 Seas
              
               ]
               do
               according
               to
               the
               intendment
               here
               agree
               in
               parity
               of
               sense
               ,
               though
               in
               other
               Cases
               very
               distinguishable
               ,
               then
               it
               would
               seem
               as
               if
               there
               were
               some
               need
               of
               a
               person
               dexterous
               at
               Gordian
               knots
               in
               this
               point
               ,
               that
               may
               not
               Alexander-like
               cut
               instead
               of
               untying
               the
               same
               ;
               who
               withal
               must
               remember
               what
               the
               Lord
               Coke
               himself
               there
               says
               in
               the
               close
               of
               that
               Burdeaux
               Case
               in
               Islington
               ,
               viz.
               
                 That
                 these
                 Points
                 are
              
               
               
                 necessary
                 to
                 be
                 known
                 in
                 respect
                 of
                 the
                 variety
                 of
                 opinions
                 in
                 our
                 Books
              
               ;
               whereby
               it
               is
               evident
               ,
               that
               there
               is
               not
               that
               universal
               unanimity
               of
               consent
               in
               this
               point
               ,
               as
               to
               render
               it
               indubitable
               ;
               So
               that
               although
               a
               surmize
               or
               suggestion
               should
               translocate
               Burdeaux
               into
               Islington
               ,
               yet
               't
               is
               not
               to
               be
               gain-said
               but
               that
               the
               great
               Oracle
               of
               the
               Law
               asserts
               ,
               That
               
                 Things
                 done
                 without
                 the
                 Realm
                 cannot
                 be
                 tryed
                 within
                 the
                 Realm
                 by
                 the
                 Oath
                 of
                 twelve
                 men
                 .
              
               Where
               the
               Locality
               is
               meerly
               Circumstantial
               to
               the
               Fact
               ,
               and
               not
               withal
               Essential
               to
               a
               Jurisdiction
               ,
               in
               that
               case
               the
               intraversability
               of
               the
               Place
               need
               not
               be
               so
               considerable
               ,
               as
               when
               a
               Right
               of
               Cognizance
               admits
               dispute
               by
               reason
               of
               such
               Locality
               ,
               or
               the
               claim
               of
               another
               Jurisdiction
               not
               inadmissable
               ,
               specially
               of
               such
               a
               Jurisdiction
               as
               mainly
               calculates
               her
               Cognizance
               according
               to
               the
               Meridian
               of
               that
               Place
               ,
               where
               the
               Thing
               or
               ground
               of
               Action
               received
               its
               Origination
               ,
               and
               where
               the
               very
               Locality
               becomes
               as
               it
               were
               one
               Essential
               to
               the
               Jurisdiction
               it self
               ,
               and
               where
               by
               such
               an
               intraversability
               of
               the
               Place
               ,
               though
               only
               surmized
               ,
               it
               becomes
               not
               impossible
               but
               that
               a
               competent
               Jurisdiction
               may
               happen
               to
               be
               
                 quoad
                 hoc
              
               excluded
               .
            
             
               The
               Jurisdiction
               of
               the
               Admiralty
               having
               ever
               been
               of
               the
               complaining
               hand
               touching
               the
               inconveniencies
               through
               uncertainty
               of
               Jurisdiction
               as
               to
               the
               Cognizance
               and
               Tryal
               of
               Causes
               Maritime
               ,
               may
               aptly
               say
               with
               the
               Lord
               Coke
               ,
               w
               
                 Misera
                 est
                 servitus
              
               
               
                 ubi
                 jus
                 est
                 vagū
                 aut
                 incognitum
                 .
              
               It
               hath
               been
               said
               ,
               x
               
                 That
                 if
                 an
                 Indenture
                 ,
                 Bond
                 ,
                 or
                 other
                 Specialty
                 ,
                 or
                 any
                 Contract
                 be
                 made
                 beyond
                 the
                 Sea
                 ,
                 for
                 the
                 doing
                 of
                 any
                 Act
                 or
                 payment
                 of
                 any
                 mony
                 within
                 the
                 Realm
                 ,
                 That
                 in
                 such
                 Cases
                 the
                 Court
                 of
                 Admiralty
                 hath
                 not
                 any
                 Jurisdiction
                 ;
                 And
                 that
                 therefore
                 Prohibitions
                 have
                 been
                 granted
                 ,
                 as
                 by
                 Law
                 they
                 ought
                 ,
                 when
                 the
                 Court
                 of
                 Admiralty
                 hath
                 dealt
                 therewith
                 in
                 derogation
                 of
                 the
                 Common
                 Law.
              
               If
               Instances
               of
               awarding
               Prohibitions
               should
               amount
               to
               a
               general
               Rule
               without
               Exception
               ,
               the
               Admiralty
               would
               seem
               to
               have
               made
               in
               former
               times
               many
               frivolous
               complaints
               ;
               it
               is
               presumed
               all
               men
               will
               not
               deny
               ,
               but
               that
               it
               is
               possible
               for
               a
               Transmarine
               Contract
               to
               be
               a
               Maritime
               Contract
               ;
               if
               so
               ,
               then
               possibly
               the
               Admiralty
               may
               seem
               to
               deal
               therewith
               not
               in
               derogation
               to
               the
               Common
               Law
               ,
               specially
               
                 if
                 Things
                 done
                 without
                 the
                 Realm
                 may
                 not
                 be
                 tryed
                 within
                 the
                 Realm
                 by
                 the
                 Oath
                 of
                 twelve
                 men
                 .
              
               That
               no
               Maritime
               Contract
               shall
               be
               tryed
               elsewhere
               then
               in
               the
               Court
               of
               Admiralty
               ,
               appears
               plainly
               by
               the
               Sea-Laws
               ,
               by
               the
               Customes
               of
               the
               Admiralty
               ,
               and
               by
               the
               Act
               made
               at
               Hastings
               by
               King
               Edward
               the
               First
               .
               y
               For
               Maritime
               Contracts
               may
               be
               made
               as
               well
               beyond
               the
               Seas
               ,
               as
               at
               Sea
               ;
               And
               the
               performance
               of
               something
               
                 ex
                 post
                 facto
              
               within
               the
               Realm
               ,
               in
               pursuance
               of
               a
               precedent
               Contract
               made
               beyond
               Sea
               ,
               not
               altering
               the
               Maritime
               quality
               of
               the
               Original
               Fact
               ,
               doth
               
               not
               seem
               to
               make
               it
               cease
               being
               Maritime
               ,
               nor
               render
               that
               incapable
               of
               continuing
               Maritime
               ,
               which
               was
               of
               a
               Maritime
               Nativity
               .
            
             
               Justice
               Croke
               in
               the
               Resolution
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               ,
               subscribed
               4
               Febr.
               1632.
               by
               all
               the
               Reverend
               Judges
               of
               both
               the
               Honourable
               Benches
               ,
               Reports
               ,
               z
               
                 That
                 if
                 there
                 be
                 a
                 Suit
                 commenced
                 in
                 the
                 Admiralty
                 for
                 Fraight
                 or
                 Mariners
                 wages
                 ,
                 or
                 for
                 breach
                 of
                 Charter-parties
                 ,
                 though
                 the
                 Charter-party
                 happen
                 to
                 be
                 made
                 within
                 the
                 Realm
                 ,
                 so
                 as
                 the
                 penalty
                 be
                 not
                 demanded
                 ,
                 A
                 Prohibition
                 is
                 not
                 to
                 be
                 granted
                 .
              
               Much
               less
               then
               ,
               if
               the
               Charter-party
               happen
               to
               be
               made
               without
               the
               Realm
               .
               Such
               Charter-parties
               ,
               as
               also
               Bills
               of
               Lading
               ,
               and
               the
               like
               ,
               are
               Contracts
               frequently
               made
               beyond
               Sea
               for
               the
               delivery
               of
               goods
               to
               whom
               they
               are
               consigned
               within
               the
               Realm
               ;
               if
               the
               Admiral
               Cognizance
               of
               such
               Transmarine
               Contracts
               be
               in
               derogation
               of
               the
               Common
               Law
               ,
               then
               it
               should
               seem
               as
               if
               Things
               done
               out
               of
               the
               Realm
               might
               be
               tryable
               within
               the
               Realm
               by
               the
               Oath
               of
               twelve
               men
               ;
               in
               variation
               from
               the
               precedent
               assertion
               of
               the
               Renowned
               Littleton
               .
               The
               Concessions
               of
               the
               said
               Reverend
               Judges
               in
               Anno
               1632.
               seem
               not
               so
               much
               by
               way
               of
               enlargement
               as
               in
               affirmance
               of
               the
               Admiral
               Jurisdiction
               ,
               for
               prevention
               of
               future
               uncertainties
               in
               point
               of
               Jurisdictions
               .
               In
               the
               Case
               of
               
                 Don
                 Diego
                 Serviento
                 de
                 Acuna
              
               ,
               Ambassador
               Lieger
               for
               the
               King
               of
               Spain
               ,
               against
               Jolliff
               and
               Tucker
               ,
               a
               It
               
               was
               said
               ,
               
                 That
                 when
                 the
                 Case
                 is
                 laid
              
               at
               Land
               ,
               
                 no
                 man
                 may
                 by
                 a
                 new-found
                 form
                 of
                 Suit
                 draw
                 it
              
               ad
               aliud
               Examen
               ,
               
                 but
                 he
                 must
                 submit
                 his
                 forms
                 to
                 the
                 Law
                 ,
                 and
                 not
              
               è
               Contra.
               If
               this
               be
               the
               Law
               ,
               which
               no
               man
               questions
               ,
               as
               being
               visibly
               founded
               upon
               good
               Reason
               ,
               it
               follows
               ,
               That
               when
               the
               Case
               is
               laid
               
                 at
                 Sea
              
               ,
               no
               man
               should
               by
               a
               new-found
               form
               of
               Suit
               draw
               it
               
                 ad
                 aliud
                 examen
              
               ;
               For
               Surmizes
               and
               Suggestions
               or
               Suppositions
               will
               admit
               of
               any
               forms
               ,
               and
               assume
               what
               shape
               you
               please
               ,
               so
               may
               not
               Suits
               and
               Actions
               ;
               This
               would
               seem
               rather
               to
               prostitute
               the
               Law
               to
               forms
               ,
               then
               to
               submit
               the
               forms
               to
               the
               Law.
               
            
             
               Remarkable
               is
               the
               Case
               of
               Palmer
               against
               Pope
               .
               b
               The
               Case
               was
               this
               ;
               Pope
               
                 agreed
                 with
              
               Palmer
               Super
               altum
               mare
               ,
               
                 to
                 transport
                 him
                 certain
                 Sugars
                 ;
                 This
                 Agreement
                 was
                 afterwards
                 put
                 in
                 writing
                 in
                 the
                 Port
                 of
              
               Gado
               
                 on
                 the
                 Coast
                 of
              
               Barbary
               ;
               
                 The
                 Sugars
                 happened
                 to
                 be
                 spoyled
                 at
                 Sea
                 by
                 Salt
                 water
                 ;
                 For
                 which
              
               Palmer
               sues
               Pope
               
                 in
                 the
                 Admiralty
                 ;
                 For
                 that
                 the
                 Original
                 Contract
                 and
                 the
                 Breach
                 also
                 were
                 both
              
               Super
               altum
               mare
               ;
               
                 yet
                 upon
                 a
                 Suggestion
                 that
                 the
                 Charter-party
                 was
                 made
                 in
                 the
                 Port
                 of
              
               Gado
               ,
               
                 upon
                 the
                 Continent
                 of
              
               Barbary
               ;
               
                 it
                 was
                 resolved
                 ,
                 that
                 a
                 Prohibition
                 lay
                 ,
                 because
                 the
                 Original
                 Contract
                 ,
                 though
                 it
                 were
                 made
                 at
                 Sea
                 ,
                 yet
                 was
                 changed
                 when
                 it
                 was
                 put
                 into
                 writing
                 Sealed
                 ,
                 which
                 being
                 at
                 Land
                 changed
                 the
                 Jurisdiction
                 as
                 to
                 that
                 point
                 .
              
               This
               was
               the
               Case
               ,
               and
               this
               the
               Resolution
               thereupon
               .
               
               It
               is
               here
               said
               ,
               that
               the
               Original
               Contract
               and
               the
               Breach
               thereof
               were
               both
               
                 Super
                 altum
                 mare
              
               .
               But
               it
               is
               said
               withal
               ,
               That
               upon
               a
               Suggestion
               of
               the
               Charter-parties
               being
               made
               in
               the
               Port
               of
               Gado
               ,
               upon
               the
               Continent
               of
               Barbary
               ,
               the
               Contract
               originally
               made
               at
               Sea
               was
               changed
               by
               being
               afterwards
               put
               into
               writing
               sealed
               at
               Land
               ,
               whereby
               the
               Jurisdiction
               was
               also
               changed
               .
               It
               doth
               not
               appear
               that
               there
               was
               any
               variation
               ,
               as
               to
               the
               substance
               of
               the
               Agreement
               ,
               in
               the
               writing
               sealed
               (
               as
               supposed
               )
               at
               Land
               ,
               from
               the
               Contract
               originally
               made
               at
               Sea
               ;
               nor
               any
               alteration
               ,
               as
               to
               Circumstance
               ,
               other
               then
               that
               of
               Locality
               where
               the
               writing
               was
               sealed
               ,
               containing
               that
               Contract
               or
               Agreement
               which
               was
               
                 bonae
                 sidei
                 Contractus
              
               ,
               and
               therefore
               good
               and
               valid
               among
               Merchants
               without
               any
               writing
               at
               all
               ,
               whether
               sealed
               or
               not
               .
               The
               Charter-party
               is
               suggested
               to
               be
               made
               in
               the
               Port
               of
               Gado
               ,
               upon
               the
               Continent
               of
               Barbary
               ;
               in
               a
               Port
               upon
               a
               Continent
               ;
               by
               a
               Continent
               is
               meant
               
                 terra
                 firma
              
               ;
               and
               a
               Port
               or
               Portus
               ,
               
               
                 est
                 locus
                 conclusus
                 quo
                 importantur
                 &
                 exportantur
                 merces
                 .
              
               c
               A
               Vessel
               designed
               for
               the
               Port
               of
               London
               is
               intended
               for
               the
               River
               of
               Thames
               ;
               A
               Port
               is
               Navigable
               ,
               a
               Port-Town
               is
               upon
               the
               Continent
               ;
               A
               Charter-party
               
               made
               in
               London
               ,
               is
               made
               upon
               the
               Continent
               of
               
               England
               ;
               A
               Charter-party
               made
               in
               the
               Port
               of
               London
               ,
               is
               made
               upon
               the
               River
               of
               Thames
               ;
               The
               said
               Original
               Contract
               was
               upon
               the
               Sea
               ;
               the
               Breach
               thereof
               was
               also
               upon
               the
               Sea
               ;
               the
               Concurrence
               of
               which
               two
               makes
               the
               cause
               of
               the
               Suit
               entire
               ,
               as
               in
               the
               said
               Case
               more
               at
               large
               ;
               And
               the
               suggestion
               it self
               lays
               the
               Charter-party
               to
               be
               made
               in
               the
               Port
               ,
               which
               Nature
               hath
               adapted
               for
               Importation
               and
               Exportation
               .
               It
               was
               in
               that
               Case
               agreed
               ,
               that
               if
               it
               had
               been
               a
               writing
               only
               without
               seal
               ,
               it
               had
               wrought
               no
               change
               of
               the
               Contract
               ,
               
               and
               consequently
               no
               change
               of
               the
               Jurisdiction
               .
               Put
               the
               Case
               ,
               the
               like
               Contract
               or
               Agreement
               had
               originally
               been
               made
               at
               Land
               ,
               afterwards
               put
               into
               writing
               sealed
               at
               Sea
               ;
               the
               Question
               is
               ,
               whether
               the
               Contract
               be
               changed
               ,
               and
               with
               that
               change
               another
               change
               in
               consequence
               thereof
               .
               Seals
               may
               be
               Essential
               to
               Deeds
               ,
               being
               but
               as
               Embrio's
               till
               thereby
               animated
               ,
               
               and
               as
               abortive
               till
               by
               the
               obstetricy
               of
               witnesses
               well
               delivered
               ;
               But
               Bargains
               ,
               Contracts
               ,
               and
               Agreements
               among
               Merchants
               and
               Mariners
               ,
               proceeding
               only
               
                 Secundum
                 aequum
                 &
                 bonum
              
               ,
               and
               being
               Contracts
               
                 bonae
                 fidei
              
               ,
               do
               oblige
               
                 ultro
                 citroque
              
               without
               any
               Seal
               to
               the
               same
               ;
               And
               such
               made
               at
               Sea
               though
               but
               parole
               ,
               are
               with
               Merchants
               and
               Mariners
               as
               valid
               ,
               as
               if
               in
               writing
               sealed
               at
               Land
               ;
               And
               this
               is
               consonant
               to
               that
               Law
               which
               is
               most
               conversant
               in
               such
               Affairs
               .
               A
               Seal
               (
               as
               aforesaid
               )
               may
               be
               Essential
               to
               a
               Deed
               ,
               or
               the
               like
               Instrument
               ,
               so
               is
               the
               place
               of
               making
               a
               Contract
               or
               Agreement
               Essential
               
                 suo
                 genere
              
               ,
               to
               the
               Admiral
               in
               point
               of
               Cognizance
               ;
               which
               in
               effect
               is
               not
               denyed
               in
               the
               Report
               of
               that
               Case
               between
               Palmer
               and
               Pope
               ,
               where
               it
               is
               said
               ,
               
                 That
                 the
                 Jurisdiction
                 of
                 the
                 Admiralty
                 groweth
                 not
                 from
                 the
              
               Cause
               
                 (
                 as
                 of
                 Tithes
                 and
                 Testaments
                 in
                 the
                 Spiritual
                 Courts
                 )
                 but
                 from
                 the
              
               Place
               ;
               yet
               this
               may
               not
               be
               understood
               exclusively
               to
               such
               things
               as
               are
               properly
               Maritime
               ,
               and
               consequently
               within
               the
               Cognizance
               and
               Jurisdiction
               of
               the
               Admiralty
               ,
               such
               as
               Reprizals
               ,
               Derelicts
               ,
               matters
               touching
               Navigation
               ,
               Charter-parties
               ,
               Bills
               of
               Lading
               ,
               Mariners
               wages
               ,
               and
               the
               like
               ,
               whereof
               you
               have
               a
               Summary
               enumeration
               in
               the
               Fourth
               Chapter
               of
               this
               Treatise
               ,
               to
               which
               the
               Reader
               is
               referred
               .
               A
               Surmize
               or
               Suggestion
               in
               certain
               Cases
               is
               doubtless
               a
               very
               Legal
               Expedient
               ;
               yet
               possibly
               some
               men
               will
               no
               more
               agree
               with
               
               others
               of
               their
               fellow-rationals
               in
               suggesting
               a
               Contract
               to
               be
               made
               in
               the
               Port
               of
               New-haven
               upon
               the
               Continent
               of
               France
               ,
               then
               if
               they
               surmiz'd
               it
               to
               be
               made
               in
               the
               Bay
               of
               Biscay
               ,
               upon
               the
               Continent
               of
               Spain
               .
            
             
               To
               this
               purpo●e
               very
               memorable
               is
               that
               fore-mentioned
               Case
               of
               Susans
               against
               Turner
               ,
               d
               where
               it
               is
               said
               ,
               
                 That
                 if
                 a
                 Suit
                 be
                 commenced
                 in
                 the
                 Court
                 of
                 Admiralty
                 for
                 a
                 Contract
                 supposed
                 to
                 be
                 made
              
               Super
               altum
               mare
               ,
               
                 the
                 Defendant
                 upon
                 a
                 Surmize
                 or
                 Suggestion
                 that
                 it
                 was
                 made
                 upon
                 the
                 Land
                 ,
                 within
                 the
                 Realm
                 ,
                 may
                 have
                 a
                 Prohibition
                 .
              
               The
               Fact
               is
               
                 re
                 vera
                 super
                 altum
                 mare
              
               ;
               notwithstanding
               which
               ,
               the
               Jurisdiction
               of
               the
               high
               Admiralty
               
               of
               England
               seems
               ,
               as
               that
               Case
               puts
               it
               ,
               to
               be
               in
               point
               of
               Cognizance
               subordinated
               to
               a
               bare
               surmize
               or
               suggestion
               ,
               though
               
                 in
                 re
                 minus
                 vera
              
               .
               In
               matters
               of
               an
               inferiour
               alloy
               it
               is
               no
               superlative
               argument
               to
               infer
               ,
               a
               thing
               ought
               to
               be
               so
               ,
               because
               it
               hath
               been
               so
               ,
               much
               less
               in
               point
               of
               Jurisdiction
               .
               Though
               it
               be
               a
               common
               Rule
               in
               Law
               ,
               that
               
                 ex
                 facto
                 jus
                 oritur
              
               ,
               yet
               this
               is
               ever
               to
               be
               understood
               
                 non
                 de
                 facto
                 supposito
                 ,
                 sed
                 vero
                 .
              
            
             
               It
               is
               yet
               too
               fresh
               in
               memory
               to
               escape
               observation
               ,
               how
               of
               late
               unhappy
               years
               Prohibition
               have
               been
               prayed
               ,
               even
               by
               such
               
               as
               in
               the
               self-same
               Case
               had
               before
               admitted
               the
               Jurisdiction
               of
               the
               Admiralty
               ,
               by
               pleading
               there
               ;
               yea
               ,
               when
               by
               the
               Libel
               it
               could
               not
               appear
               that
               the
               Contract
               ,
               whereon
               the
               Action
               was
               grounded
               ,
               was
               made
               out
               of
               that
               Jurisdiction
               ;
               Insomuch
               as
               it
               became
               most
               mens
               policy
               that
               suspected
               the
               success
               of
               their
               Cause
               in
               one
               Jurisdiction
               ,
               to
               endevour
               by
               the
               art
               of
               surmizing
               the
               removal
               thereof
               to
               another
               ;
               And
               this
               though
               the
               Case
               in
               it self
               never
               so
               clear
               of
               Admiral
               Cognizance
               ,
               and
               after
               themseves
               had
               submitted
               to
               the
               Jurisdiction
               .
               This
               had
               but
               a
               slender
               affinity
               with
               what
               is
               reported
               in
               the
               Case
               between
               Jennings
               and
               Audley
               ,
               e
               where
               
                 Prohibition
                 was
                 prayed
                 to
                 the
                 Admiral
                 ,
                 and
                 the
                 Libel
                 shewed
                 to
                 the
                 Court
                 ,
                 which
                 contained
                 the
                 Contract
                 was
                 made
                 in
                 the
              
               Straights
               of
               Malago
               ,
               
                 within
                 the
                 Jurisdiction
                 of
                 the
                 Admiralty
                 ,
                 and
                 doth
                 not
                 say
                 ,
              
               upon
               the
               deep
               Sea.
               And
               it
               was
               agreed
               ,
               
                 That
                 in
                 all
                 Cases
                 where
                 the
                 Defendant
                 admits
                 the
                 Jurisdiction
                 af
                 the
                 Admiral
                 Court
                 ,
                 by
                 Pleading
                 there
                 ,
                 Prohibition
                 shall
                 not
                 be
                 granted
                 ,
                 if
                 it
                 do
                 not
                 appear
                 by
                 the
                 Libel
                 that
                 the
                 Act
                 was
                 done
                 out
                 of
                 their
                 Jurisdiction
                 .
              
               The
               like
               we
               find
               in
               the
               Case
               of
               Baxter
               against
               Hopes
               .
               f
               In
               which
               it
               is
               said
               ,
               
                 That
                 if
                 the
                 Defendant
                 admits
                 the
                 Jurisdiction
                 of
                 the
                 Court
                 ,
                 then
                 the
                 Court
                 will
                 not
                 upon
                 a
                 bare
                 surmize
                 grant
                 a
                 Prohibition
                 ,
                 after
                 the
                 admittance
                 of
                 the
                 party
                 himself
                 ,
                 if
                 it
                 be
                 not
                 in
                 a
                 thing
                 which
                 appeareth
                 within
                 the
                 Libel
                 ,
                 that
                 is
                 ,
                 that
                 the
                 Act
                 was
                 not
                 made
                 within
                 the
                 Jurisdiction
                 of
              
               
               
                 the
                 Sea
              
               ;
               And
               to
               this
               difference
               all
               the
               Court
               agreed
               .
               So
               that
               for
               the
               same
               party
               in
               the
               same
               cause
               to
               surmize
               and
               move
               for
               a
               Prohibition
               against
               that
               Jurisdiction
               ,
               to
               which
               himself
               had
               formerly
               submitted
               ,
               and
               in
               a
               Cause
               which
               by
               the
               Libel
               appears
               not
               other
               then
               Maritime
               ,
               seems
               quite
               beside
               the
               Rule
               and
               Practice
               of
               Law.
               
            
             
               To
               conclude
               this
               point
               of
               Forraign
               Contracts
               made
               ,
               and
               other
               things
               done
               
                 beyond
                 the
                 Seas
              
               ,
               The
               Merchants
               Case
               ,
               Mich.
               8
               Jac.
               in
               the
               Kings
               Bench
               ,
               g
               may
               not
               be
               omitted
               .
               It
               is
               therein
               thus
               reported
               ,
               viz.
               Henry
               Yelverton
               
                 moved
                 the
                 Court
                 for
                 a
                 Prohibition
                 to
                 the
                 Admiralty
                 Court
                 :
              
               And
               the
               Case
               was
               ,
               
                 There
                 was
                 a
                 Bargain
                 made
                 between
                 two
                 Merchants
                 in
              
               France
               ,
               
                 and
                 for
                 non-performance
                 of
                 this
                 Bargain
                 ,
                 one
                 Libelled
                 against
                 the
                 other
                 in
                 the
                 Admiralty
                 Court.
                 And
                 upon
                 the
                 Libel
                 it
                 appeared
                 ,
                 that
                 the
                 Bargain
                 was
                 made
                 in
              
               Marcelleis
               in
               France
               ,
               
                 and
                 so
                 not
                 upon
                 the
                 deep
                 Sea
                 ,
                 and
                 by
                 consequence
                 the
                 Court
                 of
                 Admiralty
                 had
                 nothing
                 to
                 do
                 with
                 it
              
               ;
               And
               Flemming
               Chief
               Justice
               
                 would
                 not
                 grant
                 a
                 Prohibition
                 ;
                 for
                 though
                 the
                 Court
                 of
                 Admiralty
                 hath
                 nothing
                 to
                 do
                 with
                 this
                 matter
                 ,
                 yet
                 insomuch
                 as
                 this
                 Court
                 cannot
                 hold
                 Plea
                 of
                 that
                 (
                 the
                 Contract
                 being
                 made
                 in
              
               France
               )
               
                 no
                 Prohibition
                 ;
                 but
              
               Yelverton
               and
               Williams
               ,
               Justices
               ,
               
                 to
                 the
                 contrary
                 ;
                 for
                 the
                 Bargain
                 may
                 be
                 supposed
                 to
                 be
                 made
                 at
              
               Marcelleis
               in
               Kent
               ,
               or
               Norfolk
               ,
               
                 or
                 other
                 County
                 within
              
               England
               ,
               
                 and
                 so
                 tryable
                 before
                 us
                 ;
                 and
                 it
                 was
                 said
                 ,
                 that
                 there
                 were
              
               
               
                 many
                 Presidents
                 to
                 that
                 purpose
                 ,
                 and
                 day
                 given
                 to
                 search
                 for
                 them
                 .
              
               This
               was
               the
               Case
               ,
               wherein
               it
               appears
               the
               Bargain
               was
               made
               beyond
               the
               Seas
               ,
               and
               between
               Merchants
               ,
               yet
               said
               the
               Admiralty
               hath
               nothing
               to
               do
               therewith
               ,
               because
               not
               upon
               the
               deep
               Sea
               ;
               nor
               that
               Court
               hold
               Plea
               thereof
               ,
               because
               made
               in
               France
               ,
               therefore
               according
               to
               
                 Flemming
                 ,
                 Chief
                 Justice
              
               ,
               no
               Prohibition
               ;
               but
               Yelverton
               and
               
                 Williams
                 ,
                 Justices
              
               ,
               to
               the
               contrary
               ,
               the
               Contract
               being
               supposable
               to
               be
               made
               at
               Marcelleis
               in
               Kent
               or
               Norfolk
               ;
               Therefore
               a
               search
               for
               Presidents
               of
               Contracts
               ,
               though
               really
               made
               beyond
               Sea
               ,
               yet
               supposed
               to
               be
               made
               in
               some
               Forraign
               parts
               beyond
               Sea
               in
               England
               ,
               as
               Marcelleis
               in
               Kent
               or
               Norfolk
               ,
               or
               the
               like
               .
               This
               could
               not
               be
               so
               much
               out
               of
               any
               necessitous
               ground
               to
               accommodate
               the
               matter
               to
               a
               tryal
               somewhere
               for
               prevention
               of
               a
               total
               failure
               of
               Justice
               ,
               as
               in
               order
               to
               a
               removal
               thereof
               from
               the
               Court
               of
               Admiralty
               ,
               where
               it
               actually
               depended
               .
               It
               is
               now
               nigh
               thirty
               years
               since
               in
               the
               Royal
               Presence
               it
               was
               unanimously
               resolved
               and
               subscribed
               by
               all
               the
               Reverend
               Judges
               of
               both
               the
               Honourable
               Benches
               ,
               
                 viz.
                 Febr.
              
               1632.
               upon
               the
               Cases
               of
               the
               Admiralty-Jurisdiction
               ,
               h
               That
               if
               a
               Suit
               be
               commenced
               in
               the
               Court
               of
               Admiralty
               upon
               Contracts
               ,
               or
               other
               things
               done
               beyond
               the
               Seas
               ,
               no
               Prohibition
               is
               to
               be
               awarded
               .
            
          
           
             
             
               CHAP.
               X.
               
            
             
               
                 Of
                 Judicial
              
               Recognizances
               and
               Stipulations
               
                 for
                 Appearance
                 ,
                 and
                 performance
                 of
                 the
                 Acts
                 ,
                 Orders
                 ,
                 Judgments
                 ,
                 and
                 Decrees
                 of
                 the
                 Court
                 of
                 Admiralty
                 ;
                 As
                 also
                 whether
                 the
                 said
                 high
                 Court
                 of
                 Admiralty
                 of
              
               England
               
                 be
                 a
                 Court
                 of
                 Record
              
               .
            
             
               ALthough
               the
               Court
               of
               Admiralty
               time
               out
               of
               mind
               hath
               ever
               used
               to
               take
               such
               Recognizances
               and
               Stipulations
               for
               Judicial
               Appearances
               ,
               and
               due
               performance
               of
               such
               Acts
               ,
               Orders
               ,
               and
               Judgments
               ,
               as
               are
               made
               and
               given
               in
               the
               said
               Court
               ;
               yet
               this
               Ancient
               Practice
               of
               the
               Admiralty
               ,
               though
               so
               adequate
               to
               the
               genuine
               rights
               of
               Judicatories
               and
               Tribunals
               of
               Justice
               ,
               quatenus
               ,
               such
               ,
               hath
               not
               escaped
               a
               Contradiction
               founded
               upon
               this
               assertion
               ,
               That
               the
               Court
               of
               Admiralty
               is
               no
               Court
               of
               Record
               .
            
             
               Such
               as
               hold
               Prohibitions
               may
               be
               granted
               to
               the
               Court
               of
               Admiralty
               upon
               the
               ground
               or
               reason
               aforesaid
               ,
               seem
               to
               model
               the
               Argument
               Syllogistically
               ,
               and
               say
               ,
               That
               for
               the
               taking
               of
               Recognizances
               against
               the
               Laws
               of
               this
               Realm
               ,
               Prohibitions
               have
               been
               and
               ought
               to
               be
               granted
               :
               But
               the
               Court
               of
               Admiralty
               doth
               take
               Recognizances
               
               against
               the
               Laws
               of
               this
               Realm
               ,
               Ergo
               ,
               &c.
               
               The
               Minor
               Proposition
               is
               said
               to
               be
               proved
               thus
               ,
               viz.
               No
               Court
               being
               not
               a
               Court
               of
               Record
               ,
               can
               take
               such
               Recognizances
               :
               But
               the
               Court
               of
               Admiralty
               is
               no
               Court
               of
               Record
               ;
               Ergo
               ,
               &c.
               
               That
               unhappy
               Minor
               is
               said
               to
               be
               a
               Truth
               ,
               how
               fatal
               soever
               ,
               built
               upon
               this
               double
               foundation
               :
               First
               ,
               because
               the
               Court
               of
               Admiralty
               proceeds
               by
               the
               Civil
               Law.
               Secondly
               ,
               because
               if
               an
               erroneous
               sentence
               be
               given
               in
               that
               Court
               ,
               no
               Writ
               of
               Errour
               ,
               but
               an
               Appeal
               doth
               lye
               ,
               according
               to
               the
               Statute
               of
               8
               
                 Eliz.
                 cap.
              
               5.
               
               Reason
               is
               ,
               or
               should
               be
               the
               source
               or
               fountain
               of
               all
               humane
               Laws
               ,
               no
               Waters
               rise
               higher
               then
               their
               Springs
               ;
               The
               first
               enquiry
               therefore
               will
               be
               ,
               what
               a
               Court
               of
               Record
               is
               ,
               or
               what
               Court
               may
               properly
               be
               said
               to
               be
               a
               Court
               of
               Record
               ;
               which
               being
               known
               and
               considered
               ,
               if
               you
               be
               not
               then
               satisfied
               ,
               you
               may
               ,
               if
               you
               please
               ,
               farther
               enquire
               ,
               whether
               the
               being
               of
               Record
               be
               such
               an
               essential
               qualification
               to
               a
               Court
               ,
               as
               without
               which
               it
               is
               incapable
               of
               taking
               such
               Stipulations
               (
               I
               say
               ,
               such
               Stipulations
               )
               as
               the
               Court
               of
               Admiralty
               hath
               ever
               used
               to
               take
               ,
               and
               
                 de
                 jure
              
               ought
               to
               take
               .
            
             
               The
               Lord
               Coke
               makes
               this
               description
               of
               a
               Court
               of
               Record
               ,
               i
               
                 Every
                 Court
                 of
                 Record
                 is
                 the
                 Kings
                 Court
                 ,
                 albeit
                 another
                 may
                 have
                 the
                 profit
                 ;
                 wherein
                 if
                 the
                 Judges
                 do
                 erre
                 ,
                 a
                 Writ
                 of
                 Errour
                 doth
                 lye
                 .
                 But
                 the
                 County-Court
                 ,
                 the
                 Hundred-Court
                 ,
                 the
                 Court-Baron
                 ,
                 and
                 such
                 like
                 ,
                 are
                 no
                 Courts
                 of
                 Record
              
               ;
               
               
                 And
                 therefore
                 upon
                 their
                 Judgments
                 a
                 Writ
                 of
                 Errour
                 lyeth
                 not
                 ,
                 but
                 a
                 Writ
                 of
                 false
                 Judgment
                 ,
                 for
                 that
                 they
                 are
                 no
                 Courts
                 of
                 Record
                 ,
                 because
                 they
                 cannot
                 hold
                 plea
                 of
                 Debt
                 or
                 Trespass
                 if
                 the
                 debt
                 or
                 damage
                 do
                 amount
                 to
                 forty
                 shillings
                 ,
                 or
                 of
                 any
                 Trespass
                 Vi
                 &
                 Armis
                 .
              
               It
               is
               observable
               that
               it
               is
               here
               said
               ,
               that
               every
               Court
               of
               Record
               is
               
               the
               Kings
               Court
               ;
               So
               is
               the
               high
               Court
               of
               Admiralty
               styled
               the
               Kings
               Court
               ,
               as
               appears
               not
               only
               by
               the
               Title
               or
               preliminary
               Description
               ,
               but
               also
               by
               the
               second
               Article
               or
               Proposition
               in
               the
               Resolutions
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               ,
               k
               subscribed
               in
               Anno
               1632.
               by
               the
               Reverend
               Judges
               in
               Presence
               of
               His
               Late
               Majesty
               of
               ever
               Blessed
               Memory
               ,
               and
               the
               Lords
               of
               His
               Majesties
               most
               Honourable
               Privy
               Councel
               .
               And
               whereas
               in
               the
               said
               description
               of
               a
               Court
               of
               Record
               ,
               it
               is
               said
               ,
               They
               are
               no
               Courts
               of
               Record
               ,
               because
               they
               cannot
               hold
               Plea
               of
               Debt
               or
               Trespass
               ,
               if
               the
               debt
               or
               damage
               do
               amount
               to
               forty
               shillings
               ,
               or
               of
               any
               Trespass
               
                 Vi
                 &
                 Armis
              
               ,
               it
               is
               well
               known
               that
               the
               Court
               of
               Admiralty
               can
               hold
               Plea
               of
               a
               Debt
               or
               Trespass
               Maritime
               if
               the
               debt
               or
               damage
               do
               amount
               to
               as
               many
               thousands
               of
               pounds
               as
               there
               are
               pence
               in
               forty
               shillings
               ,
               and
               not
               only
               of
               Trespass
               
                 Vi
                 &
                 Armis
              
               ,
               but
               also
               of
               Maihem
               ,
               yea
               ,
               of
               Death
               it self
               .
               l
               Wherefore
               ,
               as
               the
               former
               character
               of
               a
               Courts
               being
               of
               Record
               ,
               may
               be
               applyed
               to
               the
               high
               Court
               of
               Admiralty
               as
               the
               Kings
               Court
               :
               So
               the
               other
               character
               
               of
               a
               Courts
               not
               being
               of
               Record
               ,
               is
               no
               way
               applicable
               to
               the
               said
               Court
               of
               Admiralty
               .
               But
               in
               the
               said
               description
               of
               a
               Court
               of
               Record
               ,
               it
               is
               said
               ,
               that
               every
               Court
               of
               Record
               is
               the
               Kings
               Court
               ,
               wherein
               ,
               if
               the
               Judges
               do
               erre
               ,
               a
               Writ
               of
               Errour
               doth
               lye
               ;
               the
               question
               then
               is
               ,
               whether
               it
               be
               a
               question
               whether
               a
               Writ
               of
               Errour
               doth
               lye
               in
               the
               Consistory
               Court
               of
               the
               University
               of
               Cambridge
               ,
               which
               Queen
               Elizabeth
               by
               her
               Charter
               dated
               26
               
                 April
                 ,
                 Anno
              
               3
               Reg.
               made
               a
               Court
               of
               Record
               .
               m
               And
               Writs
               of
               Errour
               did
               also
               properly
               lye
               in
               any
               Court
               where
               they
               have
               power
               to
               hold
               Plea
               by
               the
               Kings
               Charter
               ,
               or
               by
               Prescription
               in
               any
               summe
               ,
               either
               in
               Debt
               or
               Trespass
               above
               the
               summe
               of
               forty
               shillings
               .
               n
               In
               which
               sense
               the
               Court
               of
               Admiralty
               as
               aforesaid
               ,
               is
               sufficiently
               qualified
               as
               a
               Court
               of
               Record
               ;
               which
               though
               eminent
               enough
               for
               its
               practice
               and
               interest
               in
               the
               Realm
               ,
               and
               so
               not
               probable
               to
               have
               escaped
               a
               particularization
               among
               the
               other
               fore-mentioned
               Courts
               ,
               the
               County-Court
               ,
               Hundred-Court
               ,
               and
               Court-Baron
               ,
               as
               no
               Courts
               of
               Record
               ,
               by
               reason
               of
               any
               oblivion
               ,
               yet
               is
               not
               there
               instanced
               among
               those
               other
               Courts
               not
               of
               Record
               .
               And
               the
               County
               is
               called
               a
               Court
               of
               Record
               .
               Westm
               .
               2.
               cap.
               3.
               
               Anno
               13
               Ed.
               1.
               
               But
               it
               seems
               by
               
                 Britton
                 ,
                 cap.
              
               27.
               that
               it
               is
               only
               in
               these
               causes
               ,
               whereof
               the
               Sheriff
               holdeth
               Plea
               by
               special
               Writ
               ,
               and
               not
               those
               that
               are
               holden
               of
               course
               or
               custome
               .
               o
               And
               whereas
               Brook
               seemeth
               to
               say
               ,
               That
               
               no
               Court
               Ecclesiastical
               is
               of
               Record
               ;
               p
               yet
               Bishops
               certifying
               Bastardy
               ,
               Bigamy
               ,
               Excommunication
               ,
               the
               vacancy
               or
               plenarty
               of
               a
               Church
               ,
               a
               Marriage
               ,
               a
               Divorce
               ,
               a
               Spiritual
               intrusion
               ,
               and
               the
               like
               ,
               are
               credited
               without
               farther
               enquiry
               or
               controlment
               .
               q
               This
               only
               by
               the
               way
               ,
               and
               
                 in
                 transitu
              
               .
               If
               it
               be
               said
               ,
               the
               Court
               of
               Admiralty
               is
               no
               Court
               of
               Record
               ,
               because
               it
               proceeds
               by
               the
               Civil
               Law
               ,
               it
               may
               be
               demanded
               by
               what
               Law
               the
               Consistory-Court
               of
               Cambridge
               proceeds
               ,
               which
               
                 Q.
                 Elizabeth
              
               (
               as
               aforesaid
               )
               made
               by
               her
               Charter
               a
               Court
               of
               Record
               ;
               For
               the
               King
               may
               make
               a
               Court
               of
               Record
               by
               his
               Grant
               ;
               r
               which
               seems
               to
               allay
               that
               Antipathy
               that
               is
               supposed
               between
               a
               Court
               of
               Record
               and
               a
               Court
               proceeding
               by
               the
               Civil
               Law
               ,
               a
               Law
               allowed
               ,
               received
               ,
               and
               owned
               as
               the
               Law
               of
               the
               Admiralty
               of
               England
               .
               Yet
               Serjeant
               Harris
               in
               the
               Case
               of
               Record
               against
               Jobson
               ,
               argued
               ,
               
                 That
                 a
                 Recognizance
                 taken
                 in
                 the
                 Court
                 of
                 Admiralty
                 to
                 stand
                 to
                 the
                 Order
                 of
                 the
                 Court
                 ,
                 is
                 void
                 ,
                 and
                 that
                 it
                 hath
                 been
                 so
                 adjudged
                 .
              
               s
               So
               it
               's
               argued
               ;
               it
               is
               not
               said
               ,
               Resolved
               .
               It
               is
               a
               happiness
               as
               well
               as
               a
               truth
               ,
               what
               was
               once
               said
               in
               Dr.
               James
               his
               Case
               ,
               t
               
                 That
                 the
                 King
                 is
                 the
                 indifferent
                 Arbitratour
                 in
                 all
                 Jurisdictions
                 ,
                 and
                 of
              
               
               
                 all
                 Controversies
                 touching
                 the
                 same
                 ,
                 and
                 that
                 it
                 is
                 a
                 Right
                 of
                 his
                 Crown
                 to
                 distribute
                 to
                 them
                 ,
                 that
                 is
                 ,
                 to
                 declare
                 their
                 bounds
                 .
              
               It
               is
               no
               novel
               doctrine
               to
               assert
               ,
               that
               Stipulations
               taken
               in
               the
               high
               Court
               of
               Admiralty
               for
               appearance
               ,
               or
               performance
               of
               its
               own
               Acts
               ,
               Orders
               and
               Decrees
               ,
               are
               
                 in
                 modo
                 procedendi
                 quasi
                 Accessorium
                 quoad
                 Principale
              
               ;
               And
               the
               
                 Modern
                 Reporter
              
               in
               a
               Case
               depending
               before
               the
               Commissioners
               of
               Ensurance
               between
               Oyles
               and
               Marshal
               ,
               u
               says
               ,
               
                 That
                 it
                 being
                 moved
                 in
                 the
                 Kings
                 Bench
                 for
                 a
                 Prohibition
                 ,
                 and
                 a
                 Rule
                 there
                 given
                 to
                 shew
                 cause
                 why
                 a
                 Prohibition
                 should
                 not
                 be
                 granted
                 to
                 the
                 Court
                 of
              
               Ensurance
               ;
               
                 it
                 was
                 then
                 declared
                 ,
                 That
                 if
                 they
                 had
                 Jurisdiction
                 of
                 the
                 Principal
                 matter
                 ,
                 they
                 had
                 Jurisdiction
                 of
                 matters
                 also
                 incident
                 thereto
                 .
              
               And
               what
               are
               Recognizances
               taken
               in
               the
               Court
               of
               Admiralty
               ,
               for
               Appearance
               ,
               and
               performance
               of
               its
               own
               Acts
               and
               Decrees
               ,
               more
               then
               Stipulations
               
                 Judicio
                 sisti
                 &
                 judicatum
                 solvi
              
               ?
               Insomuch
               as
               to
               deny
               the
               right
               or
               power
               of
               taking
               such
               Stipulations
               ,
               seems
               in
               effect
               as
               to
               imply
               an
               inhibition
               of
               the
               whole
               Jurisdiction
               ;
               for
               without
               such
               Stipulations
               
                 in
                 praeparatorio
                 Litis
              
               ,
               the
               subsequent
               Judgement
               ,
               be
               it
               for
               Plaintiff
               or
               Defendant
               ,
               would
               prove
               but
               vain
               and
               elusory
               ;
               And
               a
               Judgement
               without
               due
               and
               effectual
               execution
               is
               
                 quasi
                 sententia
                 inanimata
              
               ;
               without
               such
               stipulations
               Justice
               may
               be
               perverted
               into
               Injustice
               ,
               for
               default
               of
               that
               which
               is
               the
               complement
               ,
               or
               ultimate
               design
               of
               all
               Justice
               ,
               
               
                 viz.
                 Facultas
                 suum
                 cuique
                 tribuendi
              
               .
            
             
               The
               Practice
               of
               taking
               such
               Stipulations
               for
               the
               Legality
               thereof
               according
               to
               that
               Law
               whereby
               that
               Court
               proceeds
               ,
               is
               nothing
               inferiour
               in
               point
               of
               Antiquity
               to
               the
               Jurisdiction
               it self
               ,
               the
               style
               of
               that
               Court
               in
               that
               point
               of
               Practice
               being
               as
               Ancient
               as
               the
               Court
               it self
               ;
               And
               whereas
               the
               right
               of
               taking
               such
               stipulations
               for
               Appearance
               ,
               and
               performance
               of
               the
               Acts
               ,
               Orders
               ,
               Judgements
               and
               Decrees
               of
               the
               Court
               of
               Admiralty
               hath
               not
               been
               without
               contradiction
               upon
               the
               foresaid
               ground
               ;
               That
               the
               said
               Court
               is
               no
               Court
               of
               Record
               ,
               it
               doth
               plainly
               appear
               by
               a
               Record
               of
               good
               Antiquity
               ,
               and
               with
               the
               Learned
               Mr.
               Selden
               of
               good
               Authority
               ,
               That
               the
               said
               Court
               is
               a
               Court
               of
               Record
               .
               w
               And
               if
               the
               Court
               of
               Admiralty
               be
               discharactered
               as
               no
               Court
               of
               Record
               ,
               by
               reason
               of
               its
               proceeding
               by
               the
               Civil
               Law
               ,
               it
               would
               thence
               seem
               to
               be
               implyed
               as
               if
               no
               part
               of
               the
               
                 Civil
                 Law
              
               were
               any
               part
               of
               the
               Law
               of
               England
               ;
               It
               is
               not
               concealed
               from
               the
               world
               by
               a
               person
               of
               no
               less
               honour
               then
               knowledge
               in
               the
               Laws
               of
               this
               Realm
               ,
               that
               the
               Imperial
               or
               Roman
               Law
               is
               in
               some
               cases
               the
               Law
               of
               the
               Land.
               x
               This
               worthy
               Authour
               speaking
               of
               the
               Right
               of
               Prerogative
               in
               absolute
               Kings
               and
               Princes
               ,
               as
               to
               Impositions
               upon
               Merchandizes
               ,
               doth
               upon
               that
               occasion
               in
               the
               fore-cited
               place
               declare
               himself
               
                 in
                 haec
                 verba
                 .
                 Forasmuch
                 as
                 the
                 general
                 Law
                 of
                 Nations
                 ,
                 which
                 is
                 and
                 ought
                 to
                 be
                 Law
              
               
               
                 in
                 all
                 Kingdomes
                 ,
                 and
                 the
                 Law-Merchant
                 is
                 also
                 a
                 branch
                 os
                 that
                 Law
                 ,
                 and
                 likewise
                 the
                 Imperial
                 and
                 Roman
                 Law
                 have
                 been
                 ever
                 admitted
                 ,
                 had
                 ,
                 received
                 by
                 the
                 Kings
                 and
                 people
                 of
              
               England
               ,
               
                 in
                 Causes
                 concerning
                 Merchants
                 and
                 Merchandizes
                 ,
              
               and
               so
               are
               become
               the
               Laws
               of
               the
               Land
               in
               these
               Cases
               ;
               
                 why
                 should
                 not
                 this
                 question
                 of
                 Impositions
                 be
                 examined
                 and
                 decided
                 by
                 the
                 Rules
                 of
                 those
                 Laws
                 so
                 far
                 forth
                 as
                 the
                 same
                 doth
                 concern
                 Merchants
                 and
                 Merchandizes
                 ,
                 as
                 well
                 as
                 by
                 the
                 Rules
                 of
                 our
                 Customary
                 or
                 Common
                 Law
                 of
              
               England
               ,
               
                 especially
                 because
                 the
                 Rules
                 of
                 those
                 other
                 Laws
                 are
                 well
                 known
                 to
                 the
                 other
                 Nations
                 ,
                 with
                 whom
                 we
                 have
                 commerce
                 ,
                 whereas
                 the
                 Rules
                 of
                 our
                 own
                 Municipal
                 Laws
                 are
                 only
                 known
                 within
                 our
                 Islands
                 .
              
               What
               this
               worthy
               Authour
               here
               speaks
               of
               the
               
                 Civil
                 Law
              
               in
               England
               ,
               as
               to
               this
               point
               of
               Impositions
               by
               the
               King
               on
               Merchandizes
               ,
               is
               applicable
               in
               any
               case
               of
               Navigation
               ,
               Naval
               Negotiation
               ,
               or
               other
               affairs
               properly
               relating
               to
               Merchants
               or
               Mariners
               within
               the
               sphere
               of
               the
               Admiralty
               of
               England
               .
               And
               the
               same
               Learned
               Authour
               in
               another
               place
               ,
               y
               
                 When
                 the
                 City
                 of
              
               Rome
               was
               Gentium
               Domina
               &
               Civitas
               illa
               magna
               quae
               regnabat
               super
               Reges
               terrae
               ,
               The
               Roman
               
                 Civil
                 Law
                 being
                 communicated
                 unto
                 all
                 the
                 Subjects
                 of
                 that
                 Empire
                 ,
                 became
                 the
              
               Common
               Law
               ,
               
                 as
                 it
                 were
                 ,
                 of
                 the
                 greatest
                 part
                 of
                 the
                 inhabited
                 world
                 ,
              
               &c.
               
               And
               again
               in
               the
               same
               place
               ,
               
                 All
                 Marine
                 and
                 Sea-Causes
                 which
                 do
                 arise
                 for
                 the
                 most
              
               
               
                 part
                 concerning
                 Merchants
                 and
                 Merchandizes
                 crossing
                 the
                 Seas
                 ,
                 our
                 Kings
                 have
                 ever
                 used
                 the
              
               Roman
               
                 Civil
                 Law
                 for
                 the
                 deciding
                 and
                 determining
                 thereof
                 .
              
               Thus
               far
               goes
               the
               said
               worthy
               Authour
               in
               this
               point
               .
               It
               is
               most
               true
               ,
               the
               Civil
               Law
               in
               England
               is
               not
               the
               Law
               of
               the
               Land
               ,
               but
               the
               Law
               of
               the
               Sea
               ;
               
                 Great
                 Brittain
              
               ,
               and
               the
               Dominions
               thereof
               comprizing
               the
               adjacent
               Seas
               ,
               as
               well
               as
               the
               Land
               ;
               The
               Law
               by
               which
               the
               high
               Admiralty
               of
               England
               proceeds
               ,
               being
               in
               all
               Causes
               cognizable
               in
               that
               Jurisdiction
               allowed
               ,
               owned
               and
               received
               by
               Prince
               and
               People
               ,
               Soveraign
               and
               Subject
               ,
               seems
               to
               be
               a
               Law
               of
               England
               ,
               though
               not
               the
               Law
               of
               England
               ,
               not
               the
               Land-Law
               ,
               but
               the
               Sea-Law
               of
               England
               ;
               For
               as
               in
               matters
               Terrene
               and
               in
               Land-affairs
               
                 it
                 is
              
               proper
               to
               say
               
                 infra
                 Corpus
                 Comitatus
              
               ,
               so
               in
               matters
               Maritime
               and
               Sea-affairs
               it
               is
               no
               less
               proper
               to
               say
               
                 Sur
                 le
                 hout
                 mere
              
               .
               The
               Jurisdiction
               of
               the
               Admiralty
               of
               England
               is
               one
               of
               the
               Jurisdictions
               of
               England
               ,
               which
               ever
               implyes
               a
               Law
               to
               proceed
               by
               that
               cannot
               be
               but
               of
               that
               Place
               whereof
               the
               Jurisdiction
               it self
               is
               .
               It
               neither
               may
               ,
               nor
               ought
               to
               be
               denyed
               ,
               but
               that
               for
               the
               taking
               Recognizances
               against
               the
               Laws
               of
               the
               Realm
               ,
               Prohibitions
               have
               been
               granted
               ;
               yet
               possibly
               it
               may
               not
               thence
               by
               a
               necessary
               concludency
               follow
               that
               the
               high
               Court
               of
               Admiralty
               (
               in
               taking
               Stipulations
               for
               Judicial
               appearance
               ,
               or
               performance
               of
               the
               Acts
               and
               Orders
               of
               the
               Court
               ,
               
                 vel
                 judicio
                 sisti
                 vel
                 judicatum
              
               
               solvi
               ,
               and
               this
               according
               to
               that
               Law
               whereby
               it
               is
               to
               proceed
               )
               is
               involved
               under
               such
               a
               guilt
               of
               transgression
               against
               the
               Laws
               of
               the
               Realm
               ,
               as
               
                 eo
                 nomine
              
               to
               incur
               a
               Prohibition
               ;
               which
               if
               grantable
               upon
               every
               such
               Recognizance
               or
               Stipulation
               for
               Appearance
               ,
               and
               performance
               of
               the
               Acts
               and
               Judgements
               of
               the
               Court
               (
               without
               which
               it
               cannot
               proceed
               according
               to
               Law
               )
               there
               could
               then
               be
               no
               Suit
               or
               Action
               depending
               in
               the
               high
               Admiralty
               of
               England
               ,
               be
               it
               for
               Place
               ,
               Nature
               ,
               or
               Quality
               in
               it self
               ,
               never
               so
               Maritime
               and
               of
               undoubted
               Admiral
               Cognizance
               ,
               but
               must
               be
               subject
               and
               lyable
               to
               a
               Prohibition
               ,
               and
               consequently
               to
               a
               removal
               from
               its
               proper
               Jurisdiction
               
                 ad
                 aliud
                 examen
              
               ,
               to
               the
               great
               grievance
               of
               Merchants
               and
               Mariners
               ,
               and
               others
               the
               good
               people
               of
               these
               His
               Majesties
               Dominions
               ,
               by
               reason
               of
               the
               multiplicity
               of
               Suits
               ,
               protelation
               of
               Justice
               ,
               excess
               of
               Judicial
               expences
               ,
               together
               with
               the
               uncertainty
               of
               Jurisdictions
               ,
               and
               all
               as
               the
               unavoydable
               consequences
               of
               such
               Prohibitions
               .
            
          
           
             
             
               CHAP.
               XI
               .
            
             
               
                 Of
                 Charter
                 parties
                 made
                 on
                 the
                 Land
                 ,
                 and
                 other
                 things
                 done
                 beneath
                 the
                 first
                 Bridge
                 next
                 to
                 the
                 Sea
              
               ;
               vel
               infra
               fluxum
               &
               refluxum
               Maris
               ;
               
                 and
                 how
                 far
                 these
                 may
                 be
                 said
                 to
                 be
                 Cognizable
                 in
                 the
                 Admiralty
                 .
              
            
             
               TOuching
               this
               Subject
               it
               hath
               been
               asserted
               ,
               
                 That
                 if
                 a
                 Charter-party
                 be
                 made
                 within
                 any
                 City
                 ,
                 Port-Town
                 ,
                 or
                 County
                 of
                 this
                 Realm
                 ,
                 although
                 it
                 be
                 to
                 be
                 performed
                 upon
                 or
                 beyond
                 the
                 Seas
                 ,
                 yet
                 is
                 the
                 same
                 to
                 be
                 tryed
                 and
                 determined
                 in
                 the
                 ordinary
                 course
                 of
                 the
                 Common
                 Law
                 ,
                 and
                 not
                 in
                 the
                 Court
                 of
                 Admiralty
                 .
              
               a
               This
               is
               exclusive
               as
               to
               the
               Admiralty
               in
               matters
               of
               Charter-parties
               made
               upon
               the
               Land
               ;
               But
               yet
               it
               is
               agreed
               and
               resolved
               ,
               Hill.
               8.
               
               Car.
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               ,
               
                 That
                 though
                 the
                 Charter-party
                 happen
                 to
                 be
                 made
                 within
                 the
                 Realm
                 ,
                 so
                 as
                 the
                 penalty
                 be
                 not
                 demanded
                 ;
                 A
                 Prohibition
                 is
                 not
                 to
                 be
                 granted
                 .
              
               b
               Were
               it
               otherwise
               ,
               or
               that
               the
               Jurisdiction
               of
               the
               Admiralty
               might
               not
               take
               Cognizance
               of
               such
               Maritime
               Contracts
               though
               made
               on
               Land
               ,
               then
               by
               thereunto
               adding
               what
               was
               formerly
               observed
               out
               of
               the
               same
               place
               ,
               c
               
               viz.
               
                 That
                 the
                 Court
                 of
                 Admiralty
                 hath
                 not
                 any
                 Jurisdiction
                 of
                 any
                 Contracts
                 made
                 beyond
                 Sea
                 for
                 doing
                 of
                 any
                 act
                 within
                 this
                 Realm
                 ,
                 or
                 otherwise
                 ,
                 wherein
                 the
                 Common
                 Law
                 can
                 administer
                 Justice
              
               ;
               It
               would
               follow
               ,
               that
               if
               (
               according
               to
               the
               one
               of
               these
               Assertions
               )
               such
               Maritime
               Contracts
               when
               made
               upon
               the
               Land
               ,
               though
               to
               be
               performed
               upon
               or
               be●ond
               the
               Seas
               ,
               may
               not
               be
               tryed
               or
               determined
               in
               the
               Court
               of
               Admiralty
               ;
               and
               when
               (
               according
               to
               the
               other
               of
               these
               Assertions
               )
               made
               beyond
               the
               Sea
               for
               doing
               of
               any
               act
               within
               this
               Realm
               ,
               &c.
               the
               Court
               of
               Admiralty
               hath
               not
               any
               Juriidiction
               thereof
               ;
               In
               such
               ca●e
               it
               must
               necessarily
               follow
               ,
               that
               the
               Jurisdiction
               of
               the
               Admiralty
               (
               being
               thereby
               excluded
               the
               Cognizance
               of
               such
               Maritime
               Contracts
               both
               sides
               the
               water
               )
               must
               keep
               to
               Sea
               in
               all
               weathers
               ,
               yet
               scarce
               retain
               the
               libert
               ,
               (
               if
               I
               may
               so
               say
               )
               of
               a
               confinement
               
                 Super
                 altum
                 mare
              
               ,
               according
               to
               the
               energy
               of
               that
               suggession
               reported
               in
               the
               Case
               aforesaid
               ,
               of
               Susans
               against
               Turner
               ;
               d
               where
               it
               is
               said
               ,
               
                 That
                 if
                 a
                 Suit
                 be
                 commenced
                 in
                 the
                 Admiralty
                 for
                 a
                 Contract
                 supposed
                 to
                 be
                 made
              
               Super
               altum
               mare
               ;
               
               
                 the
                 Defendant
                 upon
                 a
              
               Surmize
               or
               Suggestion
               ,
               
                 That
                 it
                 was
                 made
                 upon
                 the
                 Land
                 within
                 the
                 Realm
                 ,
                 may
                 have
                 Prohibition
                 .
              
               According
               to
               which
               comnutation
               ,
               with
               the
               premises
               considered
               ,
               the
               Jurisdiction
               of
               the
               Admiralty
               
               seems
               to
               be
               hard
               put
               to
               it
               both
               by
               Sea
               and
               Land
               ;
               Nor
               need
               it
               seem
               any
               thing
               strange
               that
               the
               Jurisdiction
               of
               the
               Admiralty
               seems
               excluded
               of
               Cognizance
               in
               such
               cases
               of
               Charter-parties
               ,
               whether
               made
               at
               Land
               or
               beyond
               Sea
               ,
               if
               a
               bare
               Surmize
               or
               Suggestion
               according
               to
               the
               ●aid
               Report
               in
               the
               Case
               of
               Susans
               against
               Turner
               ,
               may
               work
               as
               to
               a
               Prohibition
               against
               the
               Admiralty
               when
               a
               Suit
               is
               there
               commenced
               for
               a
               Contract
               not
               appearing
               other
               then
               made
               
                 Super
                 altum
                 mare
              
               .
               According
               to
               these
               premises
               ,
               if
               the
               Charter-party
               be
               made
               at
               Land
               ,
               though
               to
               be
               performed
               upon
               or
               beyond
               the
               Seas
               ,
               it
               is
               to
               be
               tryed
               in
               the
               ordinary
               course
               of
               the
               Common
               Law
               ;
               And
               if
               the
               Contract
               be
               made
               beyond
               Sea
               ,
               for
               doing
               any
               act
               within
               the
               Realm
               ,
               &c.
               the
               Court
               of
               Admiralty
               hath
               not
               any
               Jurisdiction
               thereof
               ;
               And
               if
               the
               Suit
               be
               commenced
               in
               the
               Admiralty
               for
               a
               Contract
               supposed
               to
               be
               made
               upon
               the
               Sea
               ,
               then
               by
               a
               Surmize
               or
               Suggestion
               ,
               that
               it
               was
               made
               upon
               the
               Land
               ,
               a
               Prohibition
               (
               according
               to
               the
               said
               Case
               )
               may
               be
               had
               .
               Thus
               in
               matters
               of
               Charter-party
               this
               side
               the
               Sea
               ,
               the
               Common
               Law
               seems
               to
               claim
               the
               Cognizance
               ;
               in
               Contracts
               made
               beyond
               Sea
               ,
               the
               Admiralty
               seems
               not
               to
               be
               allowed
               any
               Jurisdiction
               ;
               and
               in
               Contracts
               supposed
               to
               be
               made
               upon
               the
               Sea
               ,
               the
               Defendant
               upon
               a
               Surmize
               may
               have
               a
               Prohibition
               ;
               But
               no
               Fiction
               can
               spunge
               the
               Ocean
               ,
               nor
               turn
               the
               Sea
               into
               dry
               Land
               ,
               or
               the
               Bay
               of
               Mexico
               into
               Middlesex
               ,
               till
               it
               be
               proved
               as
               
               well
               as
               surmized
               ,
               In
               the
               said
               Case
               of
               Susans
               against
               Turner
               ,
               where
               it
               is
               said
               ,
               If
               a
               Suit
               be
               in
               the
               Admiral
               Court
               ,
               for
               a
               Contract
               supposed
               to
               be
               made
               
                 Super
                 altum
                 mare
              
               ,
               the
               Defendant
               upon
               a
               Surmize
               that
               it
               was
               made
               upon
               the
               Land
               within
               the
               Realm
               ,
               may
               have
               a
               Prohibition
               .
               It
               is
               there
               farther
               added
               in
               these
               words
               ,
               
                 viz.
                 And
                 that
                 it
                 may
                 come
                 in
                 issue
                 if
                 it
                 was
                 upon
                 the
                 Land
                 or
                 upon
                 the
                 Sea.
                 But
                 by
                 the
                 Justices
                 ,
                 their
                 Rule
                 is
                 ,
                 that
                 upon
                 such
                 a
                 Suggestion
                 they
                 shall
                 not
                 grant
                 a
                 Prohibition
                 after
                 Sentence
                 pass'd
                 .
              
               So
               that
               ,
               be
               the
               verity
               of
               the
               Fact
               (
               as
               to
               the
               
                 Super
                 altum
                 mare
              
               )
               in
               it self
               never
               so
               liquid
               ,
               yet
               being
               primarily
               but
               supposed
               (
               as
               all
               things
               
                 in
                 judicio
              
               ,
               though
               in
               themselves
               never
               so
               clear
               ,
               never
               so
               true
               ,
               yet
               must
               be
               alledged
               before
               the
               Court
               can
               proceed
               )
               a
               Counter-supposition
               or
               Crosssurmize
               
               may
               work
               (
               according
               to
               this
               )
               as
               to
               a
               Prohibition
               ,
               to
               bring
               it
               in
               issue
               whether
               it
               was
               upon
               the
               Land
               or
               upon
               the
               Sea
               ;
               And
               so
               it
               seems
               as
               if
               scarce
               possible
               in
               any
               Case
               to
               avoid
               a
               Prohibition
               ,
               for
               the
               reallest
               Truths
               and
               the
               undenyablest
               verities
               under
               the
               Sun
               ,
               if
               
                 in
                 judicio
                 &
                 foro
                 contentioso
              
               ,
               can
               be
               at
               first
               but
               supposed
               truths
               ;
               for
               the
               Court
               ,
               if
               it
               proceed
               Legally
               ,
               cannot
               but
               proceed
               
                 Secundum
                 allegata
              
               first
               ,
               
                 &
                 Probata
              
               next
               .
            
             
               Charter-parties
               ,
               Bills
               of
               sale
               of
               Ships
               ,
               and
               
               the
               like
               Maritime
               Contracts
               are
               commonly
               made
               according
               to
               the
               Law
               of
               Oleron
               ,
               and
               frequently
               wic●
               a
               clause
               express
               to
               that
               purpose
               inserted
               therein
               ;
               the
               Civil
               Law
               ,
               the
               Laws
               and
               Customes
               of
               the
               Sea
               ,
               whereby
               the
               Admiralty
               proceeds
               ,
               takes
               notice
               thereof
               ,
               and
               can
               judge
               and
               determine
               accordingly
               ;
               how
               far
               other
               Laws
               ,
               that
               are
               accommodated
               to
               matters
               of
               another
               element
               ,
               though
               in
               them●elves
               and
               in
               their
               proper
               sphere
               most
               excellent
               ,
               can
               do
               the
               like
               ,
               is
               no
               part
               of
               the
               design
               of
               this
               compendious
               Treatise
               to
               determine
               .
               But
               that
               Prohibitions
               have
               been
               granted
               upon
               Charter-parties
               ,
               is
               undenyably
               true
               .
               e
               Ye●
               ,
               the
               lamentable
               Cases
               of
               poor
               Mariners
               ,
               for
               their
               Wages
               have
               not
               of
               late
               unhappy
               years
               escaped
               Prohibitions
               ,
               although
               it
               be
               not
               denyed
               but
               they
               may
               all
               joyn
               in
               one
               Libel
               in
               the
               Court
               of
               Admiralty
               ,
               whereas
               at
               the
               Commo●
               Law
               (
               if
               they
               must
               there
               prosecute
               )
               ▪
               they
               may
               not
               bring
               their
               Actions
               otherwise
               then
               severally
               and
               apart
               ,
               to
               their
               greater
               expence
               and
               charges
               ,
               respect
               being
               not
               had
               to
               the
               identity
               of
               the
               Case
               ,
               or
               the
               poverty
               of
               the
               Dem●ndants
               ,
               to
               introduce
               a
               joynt
               Action
               .
               To
               this
               purpose
               it
               is
               reported
               ,
               f
               
                 That
                 where
                 judgement
                 was
                 given
                 in
                 the
                 Court
                 of
                 Admiralty
                 against
                 one
              
               Jones
               
                 a
                 Master
                 of
                 a
                 Ship
                 at
                 the
                 Suit
                 of
                 certain
                 poor
                 Mariners
                 for
                 their
                 wages
                 ,
                 a
                 Prohibition
                 was
                 prayed
                 upon
                 a
                 Suggestion
                 that
                 the
                 Contract
                 was
                 made
                 at
              
               London
               in
               England
               ;
               
                 but
                 the
                 Prohibition
                 was
                 denyed
                 ,
                 because
                 he
                 had
                 not
                 sued
                 his
                 Prohibition
              
               
               
                 in
                 due
                 time
              
               ,
               viz.
               
                 before
                 a
                 Judgement
                 given
                 in
                 the
                 Court
                 of
                 Admiralty
                 .
              
               Whereby
               it
               seems
               as
               if
               it
               was
               not
               the
               nature
               of
               the
               Case
               ,
               though
               for
               Mariners
               wages
               ,
               that
               prevented
               the
               Prohibition
               ,
               but
               the
               unseasonable
               suing
               for
               it
               ,
               viz.
               After
               Judgement
               given
               in
               the
               Court
               of
               Admiralty
               .
            
             
               Touching
               the
               Jurisdiction
               of
               the
               Admiralty
               in
               ontracts
               made
               ,
               and
               other
               things
               done
               upon
               the
               Rivers
               beneath
               the
               first
               Bridges
               next
               the
               Sea
               ,
               where
               it
               ebbs
               and
               flows
               ,
               and
               in
               the
               Ports
               ,
               Creeks
               ,
               Havens
               ,
               Peers
               ,
               Sounds
               ,
               Harbours
               ,
               Rhodes
               ,
               Bayes
               ,
               Channels
               ,
               and
               other
               places
               
                 infra
                 fluxum
                 &
                 refluxum
                 maris
              
               ;
               It
               hath
               been
               asserted
               ,
               g
               
                 That
                 by
                 the
                 Laws
                 of
                 this
                 Realm
                 the
                 Court
                 of
                 Admiralty
                 hath
                 no
                 Cognizance
                 ,
                 Power
                 ,
                 or
                 Jurisdiction
                 of
                 any
                 matter
                 within
                 any
                 County
                 ,
                 either
                 upon
                 Land
                 or
                 Water
                 ;
                 So
                 as
                 it
                 is
                 not
                 held
                 material
                 ,
                 whether
                 the
                 place
                 be
                 upon
                 the
                 water
                 ,
              
               infra
               fluxum
               &
               refluxum
               maris
               ,
               
                 but
                 whether
                 it
                 be
                 upon
                 any
                 water
                 within
                 any
                 County
              
               ;
               And
               it
               is
               farther
               added
               ,
               h
               
                 That
                 for
                 the
                 death
                 of
                 a
                 man
                 ,
                 and
                 of
                 Mayhem
                 ,
              
               (
               in
               these
               two
               Cases
               only
               )
               
                 done
                 in
                 great
                 Ships
                 ,
                 being
                 and
                 hovering
                 in
                 the
                 main
                 stream
                 only
                 beneath
                 the
              
               Points
               
                 of
                 the
                 same
                 Rivers
                 ,
                 nigh
                 to
                 the
                 Sea
                 ,
                 and
                 no
                 other
                 place
                 of
                 the
                 same
                 Rivers
                 ,
                 nor
                 in
                 other
                 Causes
                 ,
                 but
                 in
                 these
                 two
                 only
                 ,
                 the
                 Admiral
                 hath
                 Cognizance
              
               ;
               yet
               probably
               it
               will
               not
               be
               denyed
               ,
               but
               that
               by
               Exposition
               and
               Equity
               of
               the
               Statute
               of
               15
               R.
               2.
               cap.
               3.
               (
               whence
               ,
               as
               supposed
               ,
               that
               assertion
               is
               taken
               )
               he
               may
               inquire
               of
               and
               redress
               
               all
               annoyances
               and
               obstructions
               in
               those
               Rivers
               ,
               that
               are
               any
               impediment
               to
               Navigation
               or
               passage
               to
               or
               from
               the
               Sea
               :
               and
               also
               try
               all
               personal
               contracts
               and
               injuries
               done
               there
               which
               concern
               Navigation
               upon
               the
               Sea.
               And
               no
               Prohibition
               is
               to
               be
               granted
               in
               such
               Cases
               .
               i
               The
               Reader
               may
               at
               his
               leisure
               consult
               the
               said
               Statute
               ,
               whether
               it
               says
               ,
               
                 [
                 In
                 the
                 main
                 streams
                 only
                 beneath
                 the
              
               Points
               
                 of
                 the
                 same
                 Rivers
                 nigh
                 to
                 the
                 Sea
                 ]
              
               or
               whether
               the
               Statute
               doth
               not
               say
               ,
               
                 [
                 In
                 the
                 m●in
                 stream
                 of
                 great
                 Rivers
                 ,
                 only
                 beneath
                 the
              
               Bridge
               
                 of
                 the
                 same
                 Rivers
                 nigh
                 to
                 the
                 Sea
                 ]
              
               For
               the
               difference
               may
               be
               material
               .
               In
               the
               Case
               of
               Palmer
               against
               Pope
               it
               is
               reported
               ,
               k
               That
               the
               Statute
               saith
               ,
               
                 ad
                 prim●s
                 pontes
              
               .
               And
               in
               the
               Case
               of
               Leigh
               and
               Burley
               ,
               l
               It
               is
               said
               ,
               
                 that
                 the
              
               15
               of
               R.
               2.
               
                 is
                 mis-printed
              
               ,
               viz.
               
                 that
                 the
                 Amiral
                 shall
                 have
                 Jurisdiction
                 to
                 the
                 Bridges
                 :
                 for
                 the
                 Translator
                 mistook
              
               Bridges
               for
               Points
               ,
               
                 that
                 is
                 to
                 say
                 ,
                 the
                 Lands
                 end
                 .
              
               So
               reported
               in
               the
               said
               Case
               .
               The
               words
               of
               the
               Statute
               are
               ,
               
                 viz.
                 [
                 In
                 the
                 main
                 stream
                 of
                 great
                 Rivers
                 ,
                 only
                 beneath
                 the
                 ,
                 &c.
                 of
                 the
                 same
                 Rivers
                 nigh
                 to
                 the
                 Sea
                 ,
                 and
                 in
                 no
                 other
                 places
                 of
                 the
                 same
                 Rivers
                 the
                 Admiral
                 shall
                 have
                 cognizance
                 ]
              
               It
               is
               not
               denyed
               by
               the
               Statute
               ,
               but
               the
               Admiral
               hath
               Jurisdiction
               in
               Cases
               of
               Mayhem
               and
               Death
               in
               the
               main
               stream
               of
               great
               Rivers
               ;
               Rivers
               are
               not
               found
               beneath
               the
               Lands
               end
               ;
               if
               Bridges
               be
               mistaken
               by
               the
               Translator
               for
               Points
               ,
               and
               Points
               be
               taken
               for
               the
               
                 Lands
                 end
              
               ,
               then
               Rivers
               and
               the
               
               main
               stream
               of
               great
               Rivers
               should
               be
               beneath
               the
               
                 Lands
                 end
              
               ,
               where
               they
               empty
               them●elves
               into
               the
               main
               Ocean
               .
               Again
               ,
               the
               words
               of
               the
               Statu●e
               are
               ,
               
                 [
                 In
                 the
                 main
                 stream
                 of
                 great
                 Rivers
                 only
              
               beneath
               the
               ,
               &c.
               ]
               And
               the
               words
               in
               that
               Ca●e
               of
               Leigh
               against
               Burley
               are
               ,
               
                 [
                 That
                 the
                 Admiral
                 shall
                 have
                 Jurisdiction
              
               to
               the
               ,
               &c.
               ]
               question
               is
               ,
               whether
               there
               also
               be
               a
               mistake
               in
               the
               Translation
               ?
               For
               the
               difference
               is
               great
               and
               very
               significant
               between
               to
               a
               place
               ,
               and
               beneath
               a
               place
               .
               In
               the
               said
               Case
               of
               Leigh
               against
               Burley
               ,
               it
               is
               said
               ,
               
                 That
                 the
                 Statute
                 of
              
               15
               R.
               2.
               
                 is
                 mis-printed
              
               ;
               yet
               probably
               the
               Press
               followed
               the
               Copy
               ,
               and
               in
               so
               doing
               it
               may
               be
               excused
               from
               an
               errour
               of
               mis-impression
               ;
               In
               the
               said
               Case
               it
               is
               also
               said
               ,
               
                 That
                 the
                 Translator
                 mistook
                 Bridges
                 for
                 Points
                 ,
                 that
                 is
                 to
                 say
                 ,
                 the
                 Lands
                 end
              
               ;
               A
               right
               impression
               of
               a
               mis-translation
               (
               if
               any
               such
               be
               )
               seems
               not
               to
               render
               the
               word
               Bridges
               ,
               in
               stead
               of
               Points
               or
               
                 Lands
                 end
              
               ,
               as
               mis-printed
               ,
               so
               long
               as
               the
               Press
               agrees
               with
               the
               Copy
               .
               Pons
               in
               the
               Latine
               rendred
               into
               English
               seems
               rather
               to
               be
               a
               Bridge
               then
               Points
               ,
               or
               a
               
                 Lands
                 end
                 ;
                 Pons
              
               in
               the
               Latine
               sounds
               more
               like
               Points
               then
               Bridge
               ,
               and
               so
               doth
               Pont
               in
               the
               French
               ,
               which
               yet
               is
               a
               Bridge
               ,
               and
               not
               Point
               or
               
                 Lands
                 end
              
               ;
               which
               in
               the
               French
               seems
               to
               be
               more
               properly
               rendred
               by
               the
               word
               
                 La
                 poincte
              
               or
               
                 un
                 poinct
              
               ;
               But
               a
               Point
               of
               Land
               at
               which
               Rivers
               or
               Waters
               meet
               ,
               seems
               to
               be
               most
               properly
               rendred
               by
               the
               word
               Bec
               in
               the
               French
               ,
               which
               seems
               sufficiently
               
               dissonant
               from
               the
               word
               Points
               .
               And
               those
               Navigators
               ,
               that
               by
               experience
               know
               the
               meaning
               of
               doubling
               the
               Point
               ,
               probably
               do
               ●eldome
               sail
               over
               Rivers
               ,
               either
               great
               or
               small
               ,
               beneath
               such
               Points
               .
               But
               this
               only
               by
               way
               of
               observation
               upon
               the
               said
               mistake
               ,
               as
               reported
               in
               the
               ●aid
               Case
               of
               Leigh
               against
               Burley
               ;
               and
               not
               in
               the
               least
               by
               way
               of
               any
               thing
               else
               in
               reference
               to
               what
               is
               not
               of
               any
               private
               interpretation
               ,
               but
               reserved
               only
               for
               ●uch
               as
               unto
               whom
               are
               specially
               committed
               the
               Oracles
               of
               the
               Law.
               
            
             
               The
               Assertion
               ,
               
                 [
                 That
                 it
                 is
                 not
                 held
                 material
                 ,
                 whether
                 the
                 Place
                 be
                 upon
                 the
                 Water
                 ,
              
               infra
               fluxum
               &
               refluxum
               maris
               ,
               
                 but
                 whether
                 it
                 be
                 upon
                 any
                 water
                 within
                 any
                 County
                 ]
              
               was
               formerly
               hinted
               ;
               yet
               possibly
               it
               may
               be
               material
               to
               know
               what
               waters
               are
               held
               to
               be
               within
               a
               County
               ,
               specially
               if
               the
               question
               put
               by
               Doderidge
               Serjeant
               in
               the
               same
               Case
               of
               Leigh
               against
               Burley
               be
               duly
               considered
               .
               In
               which
               Case
               it
               is
               reported
               ,
               That
               the
               Lord
               Coke
               said
               ,
               
                 That
                 the
                 Admiral
                 should
                 have
                 no
                 Jurisdiction
                 where
                 a
                 man
                 may
                 see
                 from
                 one
                 side
                 to
                 the
                 other
                 :
                 but
                 the
                 Coroner
                 of
                 the
                 County
                 shall
                 inquire
                 of
                 Felonies
                 committed
                 there
                 ;
                 which
                 was
                 held
                 to
                 be
                 good
                 by
                 all
                 the
                 other
                 Justices
                 ;
                 And
                 he
                 gave
                 this
                 difference
                 ,
                 that
                 where
                 the
                 Place
                 was
                 covered
                 over
                 with
                 Salt-water
                 ,
                 and
                 out
                 of
                 any
                 County
                 or
                 Town
                 ,
                 there
              
               est
               altum
               mare
               :
               
                 but
                 where
                 it
                 is
                 within
                 any
                 County
                 ,
                 there
                 it
                 is
                 not
              
               altum
               mare
               :
               
                 but
                 the
                 tryal
                 shall
                 be
              
               per
               Vicenetum
               ,
               
                 of
                 the
                 Town
                 .
                 Doderidge
              
               Serjeant
               demanded
               this
               
               question
               ,
               
                 The
                 Isle
                 of
              
               Lunday
               de
               Corpore
               Comitatus
               of
               Devonshire
               ,
               
                 and
                 lyes
                 twenty
                 miles
                 within
                 the
                 Sea
                 ;
                 whether
                 is
                 that
                 within
                 the
                 County
                 .
              
               Foster
               ,
               
                 If
                 the
                 Sea
                 there
                 be
                 not
                 of
                 any
                 County
                 ,
                 the
                 Admiral
                 hath
                 Jurisdiction
                 ,
                 or
                 else
                 not
                 .
              
               In
               this
               Case
               it
               is
               said
               ,
               that
               the
               Admiral
               hath
               no
               Jurisdiction
               where
               a
               man
               may
               see
               from
               one
               side
               to
               the
               other
               ;
               which
               in
               a
               transparent
               Horizon
               a
               man
               may
               do
               from
               the
               
                 Lands
                 end
              
               to
               the
               Cassi●erides
               ,
               or
               Isles
               of
               Scilly
               ,
               which
               lye
               seven
               Leagues
               at
               least
               thence
               distant
               in
               the
               main
               Ocean
               ;
               and
               almost
               the
               like
               from
               some
               part
               of
               England
               to
               the
               other
               side
               the
               water
               over
               to
               France
               .
               The
               said
               Isles
               of
               Scilly
               are
               
                 de
                 Corpore
                 Comitatus
                 Cornubiae
              
               ,
               yet
               doubtless
               the
               high
               Admiral
               of
               England
               (
               notwithstanding
               both
               sides
               are
               mutually
               visible
               )
               hath
               Jurisdiction
               on
               the
               interflux
               there
               ,
               though
               the
               said
               word
               
                 [
                 within
              
               ]
               should
               be
               taken
               in
               a
               sense
               as
               large
               as
               the
               Ocean
               it self
               .
               And
               whereas
               it
               is
               said
               ,
               that
               the
               Admiralty
               hath
               not
               any
               Jurisdiction
               of
               Contracts
               ,
               Pleas
               ,
               or
               Quereles
               made
               or
               done
               upon
               a
               River
               ,
               Haven
               ,
               or
               Creek
               ,
               within
               any
               County
               of
               this
               Realm
               ,
               probably
               it
               is
               not
               thereby
               meant
               or
               intended
               to
               be
               limited
               or
               restrained
               otherwise
               then
               according
               to
               the
               Statute-Law
               ,
               the
               Laws
               and
               Customes
               of
               the
               Realm
               ,
               whereof
               those
               of
               the
               Sea
               are
               a
               part
               ;
               the
               Realm
               of
               England
               consisting
               of
               more
               elements
               then
               one
               .
               And
               if
               you
               consult
               the
               Topography
               of
               several
               of
               the
               Harbours
               ,
               Havens
               ,
               Ports
               ,
               Rhodes
               ,
               Bayes
               ,
               Sounds
               ,
               and
               Creeks
               of
               this
               Kingdome
               ,
               probably
               
               the
               Admiralty
               might
               have
               in
               more
               senses
               then
               one
               a
               more
               liquid
               demonstration
               ,
               then
               so
               to
               be
               disjuri●dictioned
               by
               any
               meer
               supposition
               ,
               which
               had
               no
               small
               operation
               to
               the
               prejudice
               of
               the
               Admiralty
               in
               the
               days
               of
               the
               late
               Licentious
               Times
               ,
               when
               fancies
               were
               much
               in
               fashion
               ;
               thereby
               reducing
               Jurisdictions
               to
               uncertainty
               ,
               the
               common
               fate
               of
               all
               things
               ,
               in
               the
               said
               days
               of
               
                 Legerde
                 Brain
              
               ,
               but
               especially
               to
               the
               needle●s
               protelation
               of
               Justice
               ,
               as
               to
               Merchants
               and
               Mariners
               in
               the
               Legal
               prosecution
               of
               their
               Maritime
               Contracts
               ,
               notwithstanding
               the
               Resolutions
               upon
               Cases
               of
               Admiral
               Cognizance
               ,
               subscribed
               by
               all
               the
               Reverend
               Judges
               and
               Justices
               of
               both
               the
               Honourable
               Benches
               in
               the
               Eighth
               year
               of
               the
               Reign
               of
               our
               late
               Soveraign
               Charles
               the
               First
               ,
               of
               blessed
               Memory
               ;
               wherein
               among
               other
               things
               relating
               to
               that
               Jurisdiction
               ,
               it
               was
               then
               unanimously
               resolved
               ,
               l
               
                 That
                 in
                 Cases
                 arising
                 upon
                 the
              
               Thames
               ,
               
                 the
                 Admiralty
                 hath
                 Jurisdiction
                 ,
                 specially
                 in
                 the
                 point
                 mentioned
                 in
                 the
                 Statute
                 of
              
               15
               R.
               2.
               
               And
               by
               Equity
               thereof
               may
               inquire
               of
               and
               redress
               all
               annoyances
               and
               obstructions
               in
               those
               Rivers
               that
               are
               any
               impediment
               to
               Navigation
               ,
               or
               passage
               to
               or
               from
               the
               Sea
               ,
               and
               in
               all
               Navigable
               Rivers
               .
               And
               no
               Prohibition
               to
               be
               granted
               .
               But
               in
               the
               Case
               of
               Goodwin
               against
               Tompkins
               ,
               it
               seems
               something
               otherwise
               ;
               According
               to
               the
               Report
               ,
               m
               the
               Case
               was
               this
               .
               
                 A
                 Suit
                 was
                 in
                 the
                 Admiral
                 Court
                 for
                 setting
                 a
                 Ship
                 in
                 a
                 Wharf
                 to
                 the
              
               
               
                 damage
                 of
                 the
                 Plaintiff
                 :
                 So
                 that
                 none
                 could
                 come
                 to
                 his
                 Wharf
                 ,
                 which
                 is
                 said
                 within
                 the
                 Bill
                 to
                 be
                 within
                 the
                 Ward
                 of
                 Saint
              
               Mary
               Hill
               :
               
                 And
                 a
                 Prohibition
                 was
                 granted
                 :
                 upon
                 a
                 Suggestion
                 ,
                 that
                 it
                 was
                 good
                 for
                 the
                 ordering
                 of
                 Ships
                 .
                 A
                 Consultation
                 was
                 granted
                 ,
                 hut
                 afterwards
                 upon
                 good
                 advice
                 and
                 opening
                 the
                 matter
                 ,
                 a
              
               Supersedeas
               
                 to
                 the
                 Consultation
                 w●s
                 granted
              
               ,
               &
               quod
               Prohibitio
               stet
               ;
               
                 for
                 the
                 wrong
                 and
                 fact
                 is
                 said
                 to
                 be
                 within
                 a
                 County
                 and
                 Ward
                 ;
                 and
                 for
                 that
                 it
                 does
                 not
                 belong
                 to
                 the
                 Admiral
                 :
                 for
                 all
                 Civil
                 Contracts
                 or
                 Trespasses
                 done
                 upon
                 the
                 River
                 of
              
               Thames
               ,
               
                 or
                 any
                 other
                 River
                 ,
                 that
                 is
                 proper
                 to
                 the
                 Common
                 Law
                 ,
                 are
                 tryable
                 in
                 that
                 County
                 ,
                 which
                 is
                 next
                 to
                 the
                 Bank
                 ,
                 and
                 that
                 side
                 of
                 the
                 River
                 where
                 the
                 Fact
                 was
                 done
                 ;
                 but
                 in
                 Criminal
                 matters
                 upon
                 any
                 River
                 ,
                 that
                 is
                 given
                 to
                 the
                 Admiral
                 by
                 the
                 Statute
                 of
              
               28
               H.
               8.
               cap.
               15.
               
               Thus
               it
               is
               reported
               .
               But
               the
               Resolution
               aforesaid
               ,
               is
               ,
               
                 That
                 in
                 cases
                 arising
                 upon
                 the
              
               Thames
               
                 the
                 Admiralty
                 hath
                 Jurisdiction
                 ,
                 specially
                 in
                 the
                 point
                 mentioned
                 in
                 the
                 Statute
                 of
              
               15
               R.
               2.
               
               And
               no
               Prohibition
               to
               be
               granted
               .
            
          
           
             
             
               CHAP.
               XII
               .
            
             
               
                 Of
                 the
                 Jurisdiction
                 of
                 the
                 high
                 Admiralty
                 of
              
               England
               ,
               Stat.
               13
               R.
               2.
               cap.
               5.
               
               Stat.
               15
               R.
               2.
               cap.
               3.
               
               Stat.
               2.
               
               H.
               4.
               cap.
               11.
               
               
                 &
                 Stat.
              
               27
               Eliz.
               cap.
               11.
               
            
             
               THE
               Exposition
               ,
               Explanation
               ,
               and
               Interpretation
               of
               the
               Statute-Laws
               being
               a
               right
               properly
               inherent
               in
               the
               Supreme
               Authority
               that
               enacted
               them
               ,
               and
               in
               the
               Reverend
               Judges
               ,
               the
               
                 Lex
                 Loquens
              
               ,
               or
               voice
               of
               them
               ;
               there
               remains
               no
               more
               to
               the
               good
               people
               of
               his
               Majesties
               Dominions
               then
               to
               yield
               all
               obedience
               to
               them
               ,
               and
               thereby
               claim
               their
               birth-right
               in
               them
               .
               In
               order
               whereto
               it
               is
               every
               mans
               prudence
               ,
               as
               much
               as
               in
               him
               lyes
               ,
               to
               clarifie
               his
               Intellect
               ;
               yet
               with
               such
               sobriety
               ,
               that
               as
               Ignorance
               may
               be
               no
               Obex
               to
               his
               Obedience
               on
               the
               one
               hand
               ,
               so
               also
               that
               super-curiosity
               may
               not
               quite
               dazle
               his
               Intellect
               on
               the
               other
               ;
               It
               is
               not
               
                 ignorantia
                 juris
              
               ,
               but
               facti
               ,
               that
               can
               excuse
               any
               ;
               And
               though
               in
               a
               sense
               it
               may
               properly
               be
               said
               of
               Humane
               as
               of
               Sacred
               Laws
               ,
               
                 That
                 they
                 are
                 not
                 of
                 any
                 private
                 interpretation
                 ,
              
               whose
               Oracles
               alone
               are
               intrusted
               with
               the
               exposition
               thereof
               ,
               yet
               it
               is
               every
               mans
               duty
               to
               know
               the
               Rule
               of
               his
               
               Duty
               ;
               And
               he
               that
               will
               understand
               that
               he
               may
               obey
               aright
               ,
               must
               have
               a
               right
               understanding
               of
               what
               he
               is
               to
               obey
               .
               Upon
               the●e
               Considerations
               it
               is
               most
               clear
               ,
               That
               it
               well
               becomes
               all
               such
               ,
               who
               may
               be
               concerned
               in
               the
               subject
               matter
               of
               this
               Treatise
               ,
               to
               have
               right-informed
               apprehensions
               (
               not
               to
               make
               private
               Interpretations
               )
               of
               the
               true
               intent
               and
               meaning
               of
               the
               said
               Statutes
               in
               order
               to
               a
               clearer
               prospect
               of
               the
               Admirall
               Jurisdiction
               .
            
             
               It
               is
               enacted
               by
               the
               Statute
               of
               13
               R.
               2.
               cap.
               5.
               
               
                 That
                 the
                 Admirals
                 and
                 their
                 Deputies
                 shall
                 not
                 meddle
                 from
                 henceforth
                 of
                 any
                 thing
                 done
                 within
                 the
                 Realm
                 ,
                 but
                 only
                 of
                 a
                 thing
                 done
                 upon
                 the
                 Sea
                 ,
                 as
                 it
                 hath
                 been
                 used
                 in
                 the
                 time
                 of
                 the
                 Noble
                 Prince
                 King
              
               Edward
               
                 Grand-father
                 of
                 King
              
               R.
               2.
               
               Whence
               it
               hath
               been
               inferred
               ,
               that
               the
               Jurisdiction
               of
               the
               Admiralty
               is
               confined
               only
               to
               things
               done
               upon
               the
               Sea.
               The
               said
               Statute
               says
               ,
               
                 That
                 the
                 Admirals
                 shall
                 not
                 meddle
                 with
                 any
                 thing
                 done
                 within
                 the
                 Realm
                 ,
                 but
                 only
                 with
                 things
                 done
                 upon
                 the
                 Sea
                 ,
                 as
                 it
                 hath
                 been
                 used
                 in
                 the
                 time
                 of
                 King
              
               Edward
               ,
               
                 Grand-father
                 of
              
               R.
               2.
               that
               is
               ,
               in
               the
               time
               of
               Edward
               the
               Third
               ,
               to
               the
               usage
               in
               whose
               days
               the
               said
               words
               seem
               to
               have
               reference
               ,
               as
               Limitative
               with
               a
               Referendo
               .
               And
               admitting
               the
               word
               
                 [
                 duly
              
               ]
               if
               not
               by
               the
               Letter
               of
               the
               Statute
               ,
               yet
               by
               construction
               of
               Law
               ,
               it
               may
               seem
               almost
               as
               equally
               difficult
               ,
               exactly
               to
               know
               what
               was
               the
               usage
               as
               what
               was
               the
               
                 due
                 usage
              
               or
               what
               was
               in
               this
               point
               
                 duly
                 used
              
               
               in
               the
               days
               of
               Edward
               the
               Third
               ;
               only
               with
               this
               difference
               ,
               that
               an
               usage
               being
               matter
               of
               Fact
               ,
               there
               may
               be
               
                 Rei
                 evidentia
              
               ,
               in
               that
               case
               to
               prove
               it self
               ;
               whereas
               to
               know
               what
               was
               
                 duly
                 used
              
               ,
               may
               be
               matter
               of
               Law
               ,
               and
               capable
               of
               diversities
               of
               opinion
               consonant
               to
               various
               perswasions
               .
               And
               yet
               until
               it
               be
               known
               what
               was
               in
               this
               matter
               the
               
                 due
                 usage
              
               in
               the
               time
               of
               Edward
               the
               Third
               ,
               it
               seems
               not
               indubitably
               obvious
               to
               every
               running
               Intellect
               to
               conceive
               what
               may
               be
               the
               full
               scope
               and
               true
               intent
               or
               meaning
               ,
               
                 That
                 the
                 Admirals
                 shall
                 not
                 meddle
                 ,
              
               &c.
               
                 but
                 only
                 with
                 things
                 done
                 upon
                 the
                 Sea
                 ,
                 as
                 it
                 hath
                 been
              
               used
               
                 in
                 the
                 time
                 of
                 King
              
               Edward
               ,
               
                 Grand-father
                 of
                 King
              
               Richard
               the
               Second
               .
               For
               the
               clearer
               apprehension
               wherof
               it
               may
               not
               be
               impertinent
               (
               under
               submission
               to
               better
               Judgements
               ,
               and
               without
               presuming
               on
               any
               thing
               
                 quod
                 est
                 supra
                 nos
              
               ,
               as
               formerly
               hinted
               )
               to
               inquire
               a
               little
               what
               was
               used
               or
               
                 duly
                 used
              
               in
               this
               point
               of
               Admiral
               Jurisdiction
               in
               the
               days
               of
               the
               said
               Edward
               the
               Third
               ,
               Grand-father
               to
               King
               Richard
               the
               Second
               .
            
             
               To
               this
               purpose
               the
               Learned
               Mr.
               Selden
               in
               his
               impregnable
               Treatise
               of
               the
               Dominion
               and
               Soveraignty
               of
               the
               Brittish
               Seas
               ,
               a
               le
               ts
               us
               to
               understand
               ,
               That
               it
               appears
               by
               Ancient
               and
               Publick
               Records
               ,
               b
               containing
               divers
               main
               points
               touching
               which
               the
               Judges
               were
               to
               be
               consulted
               with
               for
               the
               good
               of
               the
               Kingdome
               in
               the
               time
               of
               King
               Edward
               the
               Third
               ;
               That
               Consultation
               was
               had
               for
               the
               more
               convenient
               guarding
               of
               the
               
               Sea.
               For
               the
               whole
               Bench
               of
               Judges
               were
               then
               advised
               with
               ,
               
                 To
                 the
                 end
              
               (
               so
               runs
               the
               Record
               )
               
                 That
                 the
                 Form
                 of
                 Proceedings
                 heretofore
                 ordained
                 and
                 b●gun
                 by
              
               Edward
               the
               First
               ,
               
                 Grand-father
                 to
                 our
                 Lord
                 the
                 King
                 ,
                 and
                 by
                 his
                 Councel
                 ,
                 at
                 the
                 prosecution
                 of
                 his
                 subjects
                 ,
                 may
                 be
              
               resumed
               and
               continued
               ,
               of●ngland
               ●ngland
               ,
               
                 and
                 the
              
               Authority
               of
               the
               Office
               of
               Admiralty
               in
               the
               same
               ,
               as
               to
               the
               Correcting
               ,
               Expounding
               ,
               Declaring
               ,
               and
               Conserving
               the
               Laws
               and
               Statutes
               long
               since
               made
               
                 by
                 his
                 Predecessors
                 ,
                 Kings
                 of
              
               England
               ,
               
                 for
                 the
              
               maintaining
               Justice
               
                 among
                 all
                 people
                 of
                 what
                 Nation
                 soever
                 passing
                 through
                 the
                 Sea
                 of
              
               England
               ;
               And
               to
               take
               Cognizance
               
                 of
                 all
                 attempts
                 to
                 the
                 contrary
                 in
                 the
                 same
                 ;
                 and
                 to
                 punish
                 offenders
                 ,
                 and
                 award
                 satisfaction
                 to
                 such
                 as
                 suffer
                 wrong
                 and
                 damage
                 ;
                 which
                 Laws
                 and
                 Statutes
                 were
                 by
                 the
                 Lord
              
               Richard
               
                 heretofore
                 King
                 of
              
               England
               ,
               
                 at
                 his
                 return
                 from
                 the
              
               Holy
               Land
               ,
               
                 interpreted
                 ,
                 declared
                 ,
                 and
                 published
                 in
                 the
                 Isle
                 of
              
               Oleron
               ,
               
                 and
                 named
                 in
              
               French
               ,
               
                 Le
                 Ley
                 Olyroun
              
               .
               That
               which
               Mr.
               Selden
               takes
               special
               notice
               of
               ,
               and
               commends
               to
               our
               chiefest
               Observation
               ,
               is
               what
               we
               find
               in
               these
               Records
               touching
               the
               Original
               of
               the
               Naval
               Laws
               published
               at
               the
               Isle
               of
               Oleron
               .
               The
               said
               Statute
               of
               13
               R.
               2.
               makes
               mention
               of
               the
               usage
               in
               the
               time
               of
               King
               Edward
               ,
               Grand-father
               of
               R.
               2.
               who
               was
               Edward
               the
               Third
               ;
               in
               whose
               Reign
               (
               according
               to
               this
               Record
               )
               not
               only
               the
               Form
               
               of
               Proceedings
               ordained
               by
               King
               Ed.
               1.
               and
               his
               Councel
               ,
               were
               to
               be
               resumed
               and
               continued
               for
               the
               retaining
               and
               conserving
               the
               Authority
               of
               the
               Office
               of
               Admiralty
               ,
               as
               to
               the
               Correcting
               ,
               Expounding
               ,
               Declaring
               and
               Conserving
               the
               Laws
               and
               Statutes
               made
               long
               before
               by
               the
               Predecessors
               of
               the
               said
               King
               Edward
               the
               First
               ,
               for
               the
               maintaining
               of
               Peace
               and
               Justice
               among
               the
               people
               of
               what
               Nation
               soever
               ,
               and
               to
               take
               Cognizance
               of
               all
               attempts
               to
               the
               contrary
               ,
               to
               punish
               offenders
               ,
               and
               to
               award
               satisfaction
               to
               such
               as
               suffered
               wrong
               and
               damage
               .
               But
               also
               ,
               that
               those
               very
               Laws
               and
               Statutes
               which
               were
               so
               to
               be
               Corrected
               ,
               Declared
               ,
               Expounded
               and
               Conserved
               by
               the
               Authority
               of
               the
               Office
               of
               the
               Admiralty
               ,
               were
               the
               Sea-Laws
               published
               at
               Oleron
               by
               King
               Richard
               the
               First
               .
               So
               that
               the
               said
               Laws
               of
               Oleron
               gave
               the
               Rule
               ,
               and
               seems
               to
               be
               the
               usage
               concerning
               the
               Admiralty
               in
               the
               time
               of
               Edward
               the
               Third
               ,
               wereof
               the
               said
               Statute
               of
               13
               R.
               2.
               speaks
               ;
               and
               by
               which
               Laws
               all
               Maritime
               affairs
               ,
               whether
               upon
               or
               beyond
               the
               Seas
               ,
               are
               properly
               Cognizable
               in
               the
               Jurisdiction
               of
               the
               Admiralty
               .
               And
               in
               those
               Laws
               of
               Oleron
               ,
               so
               published
               by
               Richard
               the
               First
               ,
               are
               comprehended
               the
               matters
               of
               Admiral
               Cognizance
               ,
               whereunto
               that
               Form
               of
               Proceedings
               (
               in
               these
               Records
               mentioned
               ,
               to
               be
               ordained
               by
               Edward
               the
               First
               ,
               and
               afterwards
               to
               be
               resumed
               ,
               revived
               ,
               and
               continued
               by
               Edward
               the
               Third
               )
               relates
               .
               Which
               very
               Records
               are
               also
               verbatim
               transcribed
               
               and
               published
               by
               the
               Lord
               Coke
               ,
               in
               that
               part
               of
               his
               Instit
               .
               concerning
               the
               Court
               of
               Admiralty
               ,
               which
               speaks
               of
               the
               Superiority
               of
               England
               over
               the
               Brittish
               Seas
               ,
               and
               of
               the
               Antiquity
               of
               the
               Admiralty
               of
               England
               ,
               which
               he
               there
               proves
               expresly
               as
               high
               as
               to
               the
               time
               of
               Edward
               the
               First
               ,
               and
               by
               good
               inference
               of
               Antiquity
               and
               Ancient
               Records
               much
               higher
               .
               c
               For
               it
               appears
               by
               Ancient
               Records
               ,
               That
               not
               only
               in
               the
               days
               of
               King
               Edward
               the
               First
               ,
               but
               also
               in
               the
               days
               of
               King
               John
               ,
               all
               Causes
               of
               Merchants
               and
               Mariners
               ,
               and
               Things
               happening
               within
               the
               Floud-Mark
               ,
               were
               ever
               tryed
               before
               the
               Lord
               Admiral
               .
               d
            
             
               Again
               ;
               For
               the
               clearer
               understanding
               of
               what
               was
               the
               Usage
               in
               the
               time
               of
               Ed.
               3.
               concerning
               the
               Admiralty
               ,
               it
               may
               be
               observed
               ,
               That
               in
               the
               beginning
               of
               these
               Records
               in
               Edward
               the
               Third's
               time
               it
               is
               said
               ,
               That
               a
               Consultation
               was
               had
               ,
               and
               the
               whole
               Bench
               of
               Judges
               advised
               with
               ,
               To
               the
               end
               ,
               that
               the
               Form
               of
               Proceedings
               heretofore
               ordained
               by
               Edward
               the
               First
               and
               his
               Councel
               ,
               should
               be
               resumed
               and
               continued
               ,
               not
               only
               for
               the
               retaining
               and
               conserving
               the
               ancient
               Superiority
               of
               the
               Sea
               of
               England
               ,
               but
               also
               the
               Office
               of
               the
               Admiralty
               ,
               as
               to
               the
               Correcting
               ,
               Expounding
               ,
               Conserving
               ,
               and
               Declaring
               the
               Laws
               and
               Statutes
               long
               since
               made
               by
               his
               Predecessors
               ,
               for
               the
               maintaining
               of
               Peace
               and
               Justice
               ,
               &c.
               
               If
               upon
               a
               full
               Consultation
               in
               Ed.
               the
               Third's
               time
               ,
               That
               Form
               of
               Proceedings
               which
               had
               been
               
               formerly
               ordained
               by
               Ed.
               the
               First
               and
               his
               Councel
               ,
               shall
               be
               again
               resumed
               and
               continued
               ,
               it
               seems
               then
               requisite
               in
               the
               next
               place
               to
               inquire
               a
               little
               farther
               ,
               what
               was
               ordained
               by
               the
               said
               Edward
               the
               First
               and
               his
               Councel
               ,
               over
               and
               above
               what
               is
               already
               mentioned
               in
               the
               said
               Record
               .
               And
               it
               appears
               ,
               that
               in
               the
               days
               of
               the
               said
               Ed.
               the
               First
               ,
               th●r●
               was
               a
               good
               provision
               and
               remedy
               ordained
               for
               such
               Complainants
               as
               by
               Prohibit●ons
               issuing
               out
               of
               one
               Court
               to
               surcease
               the
               Legal
               prosecution
               of
               their
               rights
               in
               another
               ,
               could
               obtain
               redress
               in
               neither
               .
               For
               by
               the
               Statute
               of
               the
               Writ
               of
               Consultation
               in
               Anno
               24
               Ed.
               1.
               
               It
               is
               enacted
               ,
               
                 That
                 where
                 there
                 is
                 a
                 surceasing
                 of
                 Proceedings
                 upon
                 Prohibitions
                 ,
                 and
                 the
                 Complainants
                 could
                 have
                 no
                 remedy
                 in
                 the
                 Kings
                 Court
                 ,
                 that
                 then
                 the
                 Lord
                 Chancellour
                 ,
                 or
                 Lord
                 Chief
                 Justice
                 upon
                 sight
                 of
                 the
                 Libel
                 ,
                 should
                 write
                 to
                 the
                 Judges
                 before
                 whom
                 the
                 Cause
                 was
                 first
                 moved
                 ,
                 that
                 they
                 proceed
                 therein
                 notwithstanding
                 the
                 Kings
                 Prohibition
                 directed
                 to
                 them
                 before
                 .
              
               In
               a
               word
               therefore
               ;
               The
               said
               Statute
               of
               13
               R.
               2.
               mentions
               the
               Usage
               in
               the
               time
               of
               Ed.
               3.
               
               Edward
               the
               Third
               resumes
               and
               continues
               the
               Laws
               of
               Oleron
               published
               by
               Rich.
               1.
               and
               what
               was
               ordained
               in
               the
               time
               of
               Ed.
               1.
               
               And
               Edward
               the
               First
               ordained
               as
               in
               the
               Records
               aforesaid
               ,
               and
               Statute
               of
               Consultation
               .
            
             
               The
               Expositor
               of
               the
               
                 Terms
                 of
                 Law
              
               in
               his
               description
               of
               the
               Lord
               Admiral
               ,
               e
               says
               ,
               
                 That
                 he
                 is
                 an
                 Officer
                 to
                 Judge
                 of
                 Con
                 -
              
               
               
                 Contracts
                 between
                 party
                 and
                 party
                 concerning
                 things
                 done
                 upon
                 or
                 beyond
                 the
                 Seas
                 .
              
               And
               in
               another
               of
               ancient
               Authority
               it
               is
               said
               in
               these
               words
               ,
               f
               viz.
               
                 That
                 if
                 an
                 Obligation
                 bear
                 date
                 out
                 of
                 the
                 Realm
                 ,
                 as
                 in
              
               Spain
               ,
               France
               ,
               
                 or
                 such
                 other
                 ,
                 it
                 is
                 said
                 in
                 the
                 Law
                 ,
                 and
                 truth
                 it
                 is
                 ,
              
               (
               they
               are
               the
               Authours
               words
               )
               
                 that
                 they
                 be
                 not
                 pleadable
                 at
                 the
                 Common
                 Law.
              
               Also
               the
               Learned
               Mr.
               Selden
               in
               the
               fore-cited
               place
               says
               ,
               
                 That
                 the
                 Jurisdiction
                 of
                 the
                 Common
                 Law
                 extends
                 not
                 it self
                 beyond
                 the
                 Seas
                 ,
                 and
                 without
                 the
                 Realm
                 of
              
               England
               ;
               For
               (
               as
               he
               speaks
               ,
               g
               )
               
                 In
                 the
                 Law
                 of
                 the
                 Land
                 it
                 is
                 reckoned
                 among
                 the
                 Priviledges
                 of
                 such
                 as
                 are
                 absent
                 ,
                 That
                 they
                 ,
                 who
                 shall
                 be
                 out
                 of
                 the
                 Realm
                 of
              
               England
               
                 at
                 the
                 levying
                 of
                 a
                 Fine
                 of
                 any
                 Land
                 ,
                 and
                 making
                 Proclamation
                 thereupon
                 ,
                 are
                 not
                 so
                 bound
                 either
                 by
                 a
                 yearly
                 prescription
                 ,
                 as
                 heretofore
                 ,
                 or
                 by
                 a
                 five
                 years
                 prescription
                 ,
                 as
                 is
                 usuall
                 of
                 later
                 times
                 ,
                 but
                 that
                 their
                 right
                 remains
                 entire
                 to
                 them
                 upon
                 their
                 return
                 home
                 .
              
               So
               that
               being
               beyond
               Sea
               ,
               and
               without
               the
               Realm
               of
               England
               at
               that
               time
               ,
               and
               nothing
               of
               prejudice
               in
               that
               case
               fastned
               on
               them
               by
               reason
               of
               any
               Non-Appearance
               ,
               it
               seems
               as
               without
               the
               reach
               of
               the
               Common
               Law.
               And
               Mr.
               Selden
               in
               the
               same
               place
               proves
               ,
               That
               to
               be
               beyond
               the
               Seas
               ,
               or
               
                 extra
                 quatuor
                 maria
              
               ,
               doth
               in
               the
               Common
               Law-Books
               signifie
               the
               very
               same
               thing
               with
               
                 extra
                 Regnum
              
               .
               And
               again
               Mr.
               Selden
               (
               for
               't
               is
               but
               due
               as
               well
               to
               the
               Truth
               as
               his
               Memory
               to
               repeat
               his
               Authority
               )
               in
               the
               same
               
               place
               asserts
               ,
               concerning
               Things
               relating
               to
               Actions
               for
               Matters
               Maritime
               ,
               
                 That
                 they
                 were
                 not
                 wont
                 to
                 be
                 entered
                 in
                 express
                 tearms
                 heretofore
                 ,
              
               h
               
                 in
                 the
                 ordinary
                 Courts
                 of
                 the
                 Common
                 Law
                 ,
                 whose
                 Jurisdiction
                 was
                 ever
                 esteemed
                 of
                 such
                 a
                 nature
                 ,
                 that
                 an
                 Action
                 Instituted
                 about
                 a
                 matter
                 arising
                 in
                 any
                 other
                 place
                 then
              
               within
               
                 the
                 bounds
                 of
                 the
                 Realm
                 ,
                 was
                 by
                 the
                 ancient
                 strict
                 Law
                 always
                 to
                 be
                 rejected
                 by
                 them
                 .
                 After
                 which
                 manner
                 as
                 it
                 hath
                 been
                 a
                 Custome
                 now
                 for
                 many
                 years
                 ,
                 that
                 an
                 Action
                 ought
                 to
                 be
                 rejected
                 ,
                 unless
                 the
                 matter
                 have
                 its
                 rise
                 within
                 the
              
               Body
               ,
               
                 as
                 they
                 call
                 it
                 ,
                 of
                 the
                 County
                 ,
                 that
                 is
                 ,
                 within
                 some
                 Province
                 or
                 County
                 of
                 the
                 Island
                 ,
                 usually
                 given
                 in
                 charge
                 to
                 certain
                 Governours
                 or
                 Officers
                 known
                 to
                 us
                 by
                 the
                 name
                 of
                 Sheriffs
                 ;
                 So
                 also
                 is
                 it
                 in
                 the
              
               Sea-Province
               
                 belonging
                 by
                 the
                 ancient
                 received
                 custome
                 ,
                 to
                 the
                 high
                 Admiral
                 or
                 his
                 Deputies
                 ,
                 not
                 only
                 so
                 far
                 as
                 concerns
                 its
                 defence
                 and
                 guard
                 ,
                 but
                 also
                 as
                 to
                 matter
                 of
                 Jurisdiction
                 .
              
               Likewise
               in
               the
               same
               place
               Mr.
               Selden
               in
               honour
               of
               the
               Admiralty
               says
               ,
               That
               in
               ancient
               Records
               ,
               i
               concerning
               the
               Customes
               of
               the
               Court
               of
               Admiralty
               ,
               
                 It
                 was
                 an
                 usual
                 custome
                 in
                 the
                 time
                 of
                 King
              
               Henry
               the
               First
               ,
               
                 and
                 of
                 other
                 Kings
                 both
                 before
                 and
                 after
                 him
                 ,
                 That
                 if
                 any
                 man
                 accused
                 of
                 a
                 capital
                 crime
                 done
                 by
                 Sea
                 ,
                 being
                 publickly
                 called
                 five
                 times
                 by
                 the
                 voice
                 of
                 the
                 Cryer
                 (
                 after
                 so
                 many
                 several
                 days
                 assigned
                 )
                 did
                 not
                 make
                 his
                 Appearance
                 in
                 the
                 Court
                 of
                 Admiralty
                 ,
                 he
                 was
                 banished
                 out
                 of
              
               England
               ,
               &
               de
               mer
               appurtenant
               
               au
               Roy
               d'Angleterre
               ,
               
                 or
                 out
                 of
                 the
                 Sea
                 belonging
                 to
                 the
                 King
                 of
              
               England
               ,
               
                 for
                 forty
                 years
                 ,
                 more
                 or
                 less
                 ,
                 according
                 to
                 the
                 pleasure
                 of
                 the
                 Admiral
                 .
              
               This
               hath
               Mr.
               Selden
               the
               Lawyer
               ,
               as
               well
               as
               Mr.
               Selden
               the
               Antiquary
               ;
               there
               is
               far
               less
               feasibility
               of
               contesting
               with
               him
               ,
               then
               of
               gaining
               honour
               by
               subscribing
               to
               his
               authority
               .
            
             
               Wherefore
               ,
               upon
               an
               Interestless
               perpension
               of
               what
               hath
               been
               only
               touch'd
               ,
               not
               so
               largely
               handled
               as
               might
               have
               been
               in
               a
               set
               Treatise
               proportionable
               to
               this
               subject
               matmatter
               ,
               the
               Jurisdiction
               of
               the
               Admiralty
               may
               be
               found
               not
               only
               a
               Body
               of
               more
               Solidity
               then
               to
               dissolve
               only
               into
               Water
               ,
               and
               not
               only
               a
               Jurisdiction
               proceeding
               by
               such
               Laws
               as
               have
               from
               age
               to
               age
               successively
               been
               owned
               by
               the
               Supreme
               Authority
               of
               this
               Nation
               ,
               but
               also
               such
               a
               Jurisdiction
               as
               though
               it
               hath
               its
               due
               bounds
               ,
               yet
               possibly
               (
               according
               to
               what
               hath
               been
               
                 duly
                 used
              
               in
               the
               time
               of
               King
               Edward
               Grand-father
               of
               King
               Rich.
               2.
               )
               not
               so
               exceedingly
               straight-laced
               as
               some
               in
               the
               late
               Licentious
               times
               imagined
               ;
               specially
               if
               in
               addition
               to
               the
               Premises
               they
               consider
               what
               hath
               been
               formerly
               said
               to
               have
               been
               urged
               by
               Haughton
               ,
               k
               
                 viz.
                 That
                 the
                 intent
                 of
                 the
                 Statute
                 of
              
               13
               R.
               2.
               cap.
               5.
               
                 was
                 not
                 to
                 inhibit
                 the
                 Admiral
                 Court
                 ,
                 to
                 hold
                 Plea
                 of
                 any
                 thing
                 made
              
               beyond
               Sea
               ,
               
                 but
                 only
                 of
                 things
                 made
                 within
                 the
                 Realm
                 ,
                 which
                 pertains
                 to
                 the
                 Common
                 Law
                 ,
                 and
                 is
                 not
                 in
                 prejudice
                 of
                 the
                 King
                 or
                 Common
                 Law
                 ,
                 if
                 he
                 hold
                 Plea
                 over
              
               
               
                 the
                 Sea
                 ;
                 And
                 that
                 this
                 was
                 the
                 intent
                 of
                 the
                 Statute
                 ,
                 appears
                 by
                 the
                 Preamble
                 .
              
               And
               in
               the
               same
               Report
               it
               is
               farther
               said
               ,
               That
               Walmesly
               and
               Warburton
               
                 Justices
                 agree
                 ,
                 That
                 if
                 a
                 thing
                 be
                 done
              
               beyond
               
                 Sea
                 ,
                 as
                 if
                 an
                 Obligation
                 bears
                 date
              
               beyond
               
                 Sea
                 ,
                 or
                 be
                 so
              
               Local
               ,
               
                 that
                 it
                 cannot
                 be
                 tryed
                 by
                 the
                 Common
                 Law
                 ,
                 if
                 the
                 Admiral
                 hold
                 plea
                 of
                 that
                 ,
                 Prohibition
                 shall
                 not
                 be
                 awarded
                 ,
                 for
                 it
                 is
                 not
                 to
                 the
                 prejudice
                 of
                 the
                 King
                 or
                 of
                 the
                 Common
                 Law.
                 
              
            
             
               By
               the
               Statute
               of
               15
               R.
               2.
               cap.
               3.
               
               It
               is
               Enacted
               and
               Declared
               ,
               
                 That
                 the
                 Court
                 of
                 Admiralty
                 shall
                 have
                 no
                 cognizance
                 of
                 Contracts
                 ,
                 Pleas
                 ,
                 and
                 Quereles
                 ,
                 or
                 other
                 things
                 done
                 within
                 the
                 Bodies
                 of
                 the
                 Counties
                 ,
                 as
                 well
                 by
                 Land
                 as
                 by
                 Water
                 ;
                 Nevertheless
                 of
                 the
                 Death
                 of
                 a
                 man
                 ,
                 and
                 of
                 Mayhem
                 done
                 in
                 great
                 Ships
                 being
                 and
                 hovering
                 in
                 the
                 main
                 stream
                 of
                 great
                 Rivers
                 only
                 beneath
                 the
                 Bridge
                 of
                 the
                 same
                 Rivers
                 nigh
                 to
                 the
                 Sea
                 ,
                 and
                 in
                 no
                 other
                 places
                 of
                 the
                 same
                 Rivers
                 ,
                 the
                 Admiralty
                 shall
                 have
                 cognizance
                 .
              
               From
               hence
               it
               hath
               been
               observed
               by
               way
               of
               Inference
               ,
               how
               Curious
               the
               Makers
               of
               this
               Statute
               were
               to
               exclude
               the
               Admiralty
               of
               all
               manner
               of
               Jurisdiction
               within
               any
               water
               which
               lyeth
               within
               any
               County
               of
               this
               Realm
               ;
               possibly
               it
               hath
               not
               been
               so
               exactly
               observed
               by
               way
               of
               Redress
               ,
               how
               unfortunate
               specially
               of
               late
               years
               the
               same
               hath
               been
               ,
               in
               having
               its
               Jurisdiction
               impeded
               and
               obstructed
               in
               Waters
               without
               any
               County
               of
               this
               Realm
               ,
               by
               the
               Prohibitory
               Consequences
               
               of
               a
               Surmize
               or
               Suggestion
               ,
               when
               
                 in
                 rei
                 veritate
              
               ,
               the
               matter
               was
               otherwise
               then
               surmized
               or
               suggested
               .
               This
               is
               that
               Statute
               whereof
               mention
               is
               made
               in
               the
               precedent
               Chapter
               ,
               touching
               the
               mistake
               of
               the
               word
               
                 [
                 Bridge
              
               ]
               instead
               of
               
                 [
                 Points
                 ]
              
               .
               It
               seems
               something
               more
               then
               strange
               in
               Nature
               ,
               to
               find
               a
               main
               stream
               ,
               or
               great
               Rivers
               (
               whereof
               this
               Statute
               speaks
               )
               beneath
               the
               Points
               which
               beak
               out
               into
               the
               main
               Sea
               ,
               as
               Navigators
               well
               know
               when
               they
               double
               the
               Point
               ,
               the
               main
               Sea
               or
               great
               Rivers
               being
               commonly
               emptyed
               into
               the
               main
               Ocean
               above
               ,
               not
               beneath
               such
               Points
               ,
               and
               usually
               cease
               to
               be
               streams
               or
               Rivers
               before
               the
               Waters
               thereof
               reach
               the
               said
               Points
               .
               And
               it
               were
               no
               prejudice
               if
               it
               were
               ascertained
               what
               Havens
               and
               Harbours
               may
               be
               held
               as
               within
               the
               Bodies
               of
               some
               County
               ,
               because
               possibly
               Geographers
               know
               not
               with
               what
               Counties
               to
               incorporate
               
                 Milford-Haven
                 ,
                 Mounts-Bay
                 ,
                 Tor-Bay
                 ,
                 Plymouth-Sound
                 ,
              
               and
               the
               like
               .
               The
               Law
               in
               express
               tearms
               hath
               put
               the
               difference
               ,
               
                 Res
                 facta
                 in
                 Portu
                 ,
                 non
                 facta
                 in
                 Terra
                 .
              
               l
               The
               Law
               knows
               no
               preternatural
               confusion
               of
               Elements
               ,
               
                 Lex
                 semper
                 imitatur
                 Naturam
              
               .
               Time
               was
               
                 (
                 &
                 olim
                 meminisse
                 dolebit
              
               )
               in
               the
               late
               Licentious
               days
               ,
               when
               the
               Admiralty
               of
               England
               between
               Land-imagined
               ,
               and
               the
               Sea-County-corporated
               ,
               could
               scarce
               keep
               
                 above
                 water
              
               ;
               But
               now
               that
               Justice
               once
               more
               looks
               like
               it self
               ,
               and
               
                 suum
                 cuique
                 tribuitur
              
               ,
               miraculously
               arrived
               instead
               of
               
                 sic
                 volo
                 ,
                 sic
                 jubeo
              
               ,
               
               &c.
               
               Insomuch
               that
               it
               might
               then
               be
               as
               truly
               as
               sadly
               said
               ,
               
                 Terras
                 Astraea
                 reliquit
              
               ;
               yet
               now
               that
               Justice
               by
               an
               over-ruling
               hand
               of
               Divine
               Providence
               is
               again
               turned
               into
               its
               ancient
               and
               proper
               Channel
               ,
               and
               it
               being
               well
               known
               to
               the
               whole
               world
               of
               what
               lustre
               and
               value
               the
               Jewel
               of
               the
               Admiralty
               is
               (
               when
               well
               set
               )
               in
               the
               Diadem
               or
               Crown
               of
               
                 Great
                 Brittain
              
               ,
               it
               may
               not
               now
               be
               unseasonable
               to
               alledge
               what
               is
               asserted
               ,
               (
               as
               is
               aforesaid
               )
               to
               be
               of
               ancient
               Record
               ,
               m
               
                 viz.
                 That
                 not
                 only
                 in
                 the
                 days
                 of
              
               Edward
               the
               First
               ,
               
                 but
                 also
                 in
                 the
                 days
                 of
                 King
              
               John
               ,
               
                 All
                 Causes
                 of
                 Merchants
                 and
                 Mariners
                 ,
                 and
                 things
                 happening
                 within
                 the
                 Floud-Mark
                 were
                 ever
                 tryed
                 before
                 the
                 Lord
                 Admiral
                 .
              
               Consonant
               to
               what
               was
               resolved
               in
               Sir
               
                 Hen.
                 Constables
              
               Case
               ,
               n
               
                 That
                 the
                 soyl
                 betwixt
                 the
                 high
                 and
                 low
                 Water-Mark
                 may
                 be
                 the
                 Subjects
                 ;
                 but
                 when
                 covered
                 with
                 water
                 ,
                 the
                 Admirals
                 Jurisdiction
                 reaches
                 to
                 it
                 .
              
            
             
               By
               the
               Statute
               of
               2
               H.
               4.
               cap.
               11.
               
               It
               is
               Enacted
               ,
               
                 That
                 the
                 Statute
                 of
              
               1.
               3
               
               R.
               2.
               cap.
               5.
               
                 shall
                 be
                 firmly
                 holden
                 ,
                 and
                 kept
                 ,
                 and
                 put
                 in
                 execution
                 .
              
               This
               Statute
               therefore
               seems
               as
               a
               reviver
               ,
               or
               in
               confirmation
               of
               that
               ,
               which
               (
               as
               aforesaid
               )
               mentions
               
                 according
                 to
                 that
                 which
                 hath
                 been
                 duly
                 used
                 in
                 the
                 time
                 of
                 King
              
               Edward
               ,
               
                 Grand-father
                 of
                 King
              
               Richard
               
                 the
                 Second
              
               ;
               which
               being
               formerly
               insisted
               on
               ,
               a
               retrospect
               may
               here
               suffice
               .
            
             
               By
               the
               Statute
               of
               27
               
                 Eliz.
                 cap.
              
               11.
               
               It
               is
               
               Enacted
               ,
               
                 That
                 all
                 and
                 every
                 such
                 of
                 the
                 said
                 offences
                 before
                 mentioned
                 ,
                 as
                 hereafter
                 shall
              
               
               
                 be
                 done
                 upon
                 the
                 main
                 Sea
                 ,
                 or
                 Coasts
                 of
                 the
                 Sea
                 ,
                 being
                 no
                 part
                 of
                 the
                 Body
                 of
                 any
                 County
                 of
                 this
                 Realm
                 ,
                 and
                 without
                 the
                 Precinct
                 ,
                 Jurisdiction
                 ,
                 and
                 Liberty
                 of
                 the
                 Cinque-Ports
                 ,
                 and
                 out
                 of
                 any
                 Haven
                 or
                 Pier
                 ,
                 shall
                 be
                 tryed
                 and
                 determined
                 before
                 the
                 Lord
                 Admial
                 ,
              
               &c.
               
               It
               hath
               been
               hence
               inferred
               ,
               That
               by
               the
               Judgement
               of
               the
               whole
               Parliament
               ,
               the
               Jurisdiction
               of
               the
               Admiralty
               is
               wholly
               confined
               to
               the
               main
               Sea
               ,
               or
               Coasts
               of
               the
               Sea
               ,
               being
               no
               parcel
               of
               the
               Body
               of
               any
               County
               of
               this
               Realm
               ;
               And
               that
               this
               Statute
               is
               a
               particular
               description
               of
               that
               Jurisdiction
               as
               to
               the
               limits
               thereof
               .
               This
               Statute
               gives
               the
               Jurisdiction
               of
               the
               Admiralty
               a
               power
               of
               Cognizance
               in
               such
               Offences
               done
               upon
               the
               main
               Sea
               ,
               or
               Coasts
               thereof
               ;
               there
               's
               the
               Ampliation
               :
               Being
               no
               part
               of
               the
               Body
               of
               any
               County
               ,
               and
               without
               the
               precinct
               of
               the
               Cinque-Ports
               ,
               and
               out
               of
               any
               Haven
               or
               Pier
               ;
               there
               's
               the
               Limitation
               .
               Where
               either
               of
               these
               is
               part
               or
               parcel
               of
               the
               Body
               of
               any
               County
               within
               this
               Realm
               ,
               the
               Admiralty
               may
               not
               claim
               Jurisdiction
               therein
               .
               Touching
               Contracts
               made
               beyond
               Sea
               the
               said
               Letter
               of
               this
               Statute
               is
               silent
               ;
               In
               the
               Resolutions
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               ,
               o
               the
               substance
               of
               the
               first
               Article
               or
               Proposition
               is
               ,
               
                 That
                 no
                 Prohibition
                 be
                 awarded
                 against
                 the
                 Court
                 of
                 Admiralty
                 in
                 Suits
                 there
                 Commenced
                 upon
                 Contracts
                 made
                 beyond
                 the
                 Seas
                 .
              
            
          
           
             
             
               CHAP.
               XIII
               .
            
             
               
                 Of
                 the
                 Agreement
                 touching
                 the
                 Admiralty
                 in
              
               Anno
               1575.
               
               
                 As
                 also
                 of
                 the
                 Resolutions
              
               Hill.
               8.
               
               Car.
               1.
               
                 upon
                 the
                 Cases
                 of
                 Admiral
                 Jurisdiction
                 .
              
            
             
               THE
               Non-observance
               of
               the
               said
               Agreement
               ,
               being
               for
               the
               more
               quiet
               and
               certain
               execution
               of
               Admiral
               Jurisdiction
               ,
               was
               one
               of
               the
               Objections
               of
               the
               Admiralty
               in
               Anno
               8
               
                 Jac.
                 Reg.
              
               whereof
               mention
               is
               made
               by
               the
               Lord
               
                 Coke
                 ,
                 in
                 Par.
              
               4.
               
               
                 Instit
                 .
                 cap.
              
               22.
               
               And
               where
               it
               is
               said
               to
               be
               a
               supposed
               Agreement
               ,
               and
               that
               it
               had
               not
               been
               delivered
               to
               the
               then
               Judges
               ,
               but
               acknowledged
               to
               have
               heard
               the
               same
               read
               over
               in
               His
               Majesties
               Presence
               ;
               And
               to
               which
               Answer
               was
               then
               made
               ,
               
                 That
                 for
                 so
                 much
                 thereof
                 as
                 differeth
                 from
                 those
                 Answers
                 ,
                 (
                 viz.
              
               to
               the
               other
               Objections
               then
               made
               )
               
                 it
                 is
                 against
                 the
                 Laws
                 and
                 Statutes
                 of
                 this
                 Realm
                 :
                 And
                 therefore
                 the
                 Judges
                 of
                 the
                 Kings
                 Bench
                 never
                 assented
                 thereunto
                 ,
                 as
                 is
                 pretended
                 ,
                 neither
                 doth
                 the
                 phrase
                 thereof
                 agree
                 with
                 the
                 tearms
                 of
                 the
                 Laws
                 of
                 the
                 Realm
                 .
              
               This
               was
               the
               Answer
               then
               given
               to
               that
               Objection
               grounded
               upon
               the
               said
               Agreement
               .
               Whether
               the
               same
               were
               no
               more
               then
               supposed
               ,
               may
               be
               referred
               to
               the
               matter
               of
               Fact
               ;
               wherein
               ,
               if
               so
               ,
               the
               
                 evidentia
                 rei
              
               will
               easily
               liquidate
               the
               scruple
               ,
               and
               dissipate
               
               dubieties
               .
               Though
               the
               said
               Agreement
               be
               disagreed
               ,
               yet
               the
               Law
               like
               the
               Axis
               of
               the
               Body
               Politick
               ,
               remains
               fixed
               notwithstanding
               the
               rotation
               of
               opinions
               ;
               And
               whether
               so
               much
               thereof
               ,
               as
               differed
               from
               the
               Answers
               then
               made
               to
               the
               other
               Objections
               ,
               were
               repugnant
               to
               the
               Laws
               and
               Statutes
               of
               the
               Realm
               ,
               or
               the
               phrase
               discrepant
               from
               the
               tearms
               thereof
               ,
               would
               be
               more
               visible
               upon
               an
               Inspection
               ,
               were
               it
               free
               to
               insert
               that
               as
               an
               Imprinted
               Agreement
               here
               ,
               which
               is
               called
               but
               a
               supposed
               Agreement
               there
               ;
               Therefore
               to
               inquire
               how
               far
               the
               said
               Agreement
               made
               ,
               or
               supposed
               to
               be
               made
               ,
               in
               one
               age
               ,
               may
               be
               obligatory
               in
               another
               ,
               may
               possibly
               have
               an
               implication
               of
               more
               verity
               and
               reality
               ,
               then
               the
               thing
               it self
               with
               general
               consent
               doth
               or
               may
               challenge
               ;
               yet
               being
               in
               substance
               Consonant
               to
               the
               subsequent
               Resolutions
               upon
               the
               Cases
               of
               Admirall
               Jurisdiction
               ,
               and
               being
               an
               Objection
               long
               since
               under
               a
               former
               Impression
               ,
               with
               the
               Answer
               thereto
               as
               aforesaid
               ,
               it
               may
               be
               now
               a
               less
               Transgression
               to
               omit
               the
               Thing
               it self
               ,
               
                 saltem
                 in
                 terminis
              
               ,
               then
               Digression
               to
               have
               given
               this
               short
               hint
               thereof
               ,
               
                 quasi
                 in
                 nubibus
              
               .
            
             
               The
               Resolutions
               ,
               Hill.
               8.
               
               Car.
               1.
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               ,
               being
               the
               Articles
               ,
               Propositions
               ,
               and
               Agreement
               made
               and
               subscribed
               in
               Febr.
               1632.
               by
               all
               the
               Reverend
               Judges
               of
               both
               the
               Honourable
               Benches
               ,
               for
               the
               accommodating
               and
               setling
               the
               Differences
               concerning
               Prohibitions
               ,
               
               are
               very
               Energetical
               in
               Affirmance
               of
               much
               of
               the
               Rights
               of
               the
               said
               Jurisdiction
               .
               The
               Sun
               need
               not
               borrow
               the
               Auxiliaries
               of
               Art
               to
               demonstrate
               his
               Light.
               These
               Articles
               and
               this
               Agreement
               (
               whatever
               the
               former
               be
               )
               are
               more
               then
               supposed
               ,
               being
               reall
               and
               true
               .
               You
               have
               it
               here
               (
               as
               to
               the
               Body
               and
               Substance
               thereof
               )
               in
               no
               other
               words
               then
               Sir
               
                 Geo.
                 Croke
              
               in
               his
               Reports
               delivers
               it
               ;
               with
               the
               requisite
               Addition
               of
               the
               style
               or
               Preface
               thereto
               ,
               together
               with
               the
               names
               of
               the
               Lords
               of
               His
               Majesties
               most
               Honourable
               Councel
               then
               present
               ;
               As
               followeth
               ,
               viz.
               
            
             
               
                 At
                 White
                 Hall
                 ,
                 18
                 Febr.
                 1632.
                 
                 Present
                 ,
                 The
                 Kings
                 Most
                 Excellent
                 Majesty
                 .
              
               
                 Lord
                 Keeper
                 .
              
               
                 Lord
                 Arch-Bishop
                 of
                 York
                 .
              
               
                 Lord
                 Treasurer
                 .
              
               
                 Lord
                 Privy
                 Seal
                 .
              
               
                 Earl
                 Marshal
                 .
              
               
                 Lord
                 Chamberlain
                 .
              
               
                 E.
                 of
                 Dorset
                 .
              
               
                 E.
                 of
                 Carlisle
                 .
              
               
                 E.
                 of
                 Holland
                 .
              
               
                 E.
                 of
                 Denbeigh
                 .
              
               
                 Lord
                 Chancellour
                 of
                 Scotland
                 .
              
               
                 
                 E.
                 of
                 Morton
                 .
              
               
                 Lord
                 V.
                 Wimbleton
                 .
              
               
                 Lord
                 V.
                 Wentworth
                 .
              
               
                 Lord
                 V.
                 Faulkland
                 .
              
               
                 Lord
                 Bishop
                 of
                 London
                 .
              
               
                 Lord
                 Cottington
                 .
              
               
                 Lord
                 Newburgh
                 .
              
               
                 Mr.
                 Treasurer
                 .
              
               
                 Mr.
                 Controller
                 .
              
               
                 Mr.
                 Vice-Chamberlain
                 .
              
               
                 Mr.
                 Secretary
                 Coke
                 .
              
               
                 Mr.
                 Secretary
                 Windebank
                 .
              
            
             
               
                 This
                 day
                 His
                 Majesty
                 being
                 present
                 in
                 Councel
                 ,
                 the
                 Articles
                 and
                 Propositions
                 following
                 for
                 the
                 accommodating
                 and
                 setling
                 the
                 Difference
                 concerning
                 Prohibitions
                 ,
                 arising
                 between
                 His
                 Majesties
                 Courts
                 at
              
               Westminster
               ,
               
                 and
                 His
                 Court
                 of
                 Admiralty
                 ,
                 were
                 fully
                 Debated
                 and
                 Resolved
                 by
                 the
                 Board
                 ;
                 And
                 were
                 then
                 likewise
                 upon
                 reading
                 the
                 same
                 as
                 well
                 before
                 the
                 Judges
                 of
                 his
                 Majesties
                 said
                 Courts
                 at
              
               Westminster
               ,
               
                 as
                 before
                 the
                 Judge
                 of
                 His
                 said
                 Court
                 of
                 Admiralty
                 ,
                 and
                 His
                 Atturney
                 General
                 ,
                 Agreed
                 unto
                 and
                 subscribed
                 by
                 them
                 all
                 in
                 His
                 Majesties
                 Presence
                 ,
              
               viz.
               
            
             
               1.
               
               If
               Suit
               should
               be
               commenced
               in
               the
               Court
               of
               Admiralty
               upon
               Contracts
               made
               ,
               or
               other
               things
               Personal
               ,
               done
               beyond
               the
               Seas
               ,
               or
               upon
               the
               Sea
               ;
               No
               Prohibition
               to
               be
               awarded
               .
            
             
             
               2.
               
               If
               Suit
               be
               before
               the
               Admiral
               for
               Fraight
               ,
               or
               Mariners
               wages
               ,
               or
               for
               breach
               of
               Charter-parties
               ,
               for
               Voyages
               to
               be
               made
               beyond
               the
               Seas
               :
               Though
               the
               Charter-party
               happen
               to
               be
               made
               within
               the
               Realm
               ;
               so
               as
               the
               Penalty
               be
               not
               demanded
               ,
               a
               Prohibition
               is
               not
               to
               be
               granted
               .
               But
               if
               the
               Suit
               be
               for
               the
               Penalty
               ;
               Or
               if
               the
               question
               be
               ,
               whether
               the
               Charter-party
               were
               made
               or
               not
               ;
               Or
               whether
               the
               Plaintiff
               did
               release
               or
               otherwise
               discharge
               the
               same
               within
               the
               Realm
               ;
               This
               is
               to
               be
               tryed
               in
               the
               Kings
               Courts
               at
               Westminster
               ,
               and
               not
               in
               His
               Court
               of
               Admiralty
               .
            
             
               3.
               
               If
               Suit
               be
               in
               the
               Court
               of
               Admiralty
               for
               Building
               ,
               Amending
               ,
               Saving
               ,
               or
               necessary
               Victualling
               of
               a
               Ship
               ,
               against
               the
               Ship
               it self
               ,
               and
               not
               against
               any
               party
               by
               name
               ,
               but
               such
               as
               for
               his
               Interest
               makes
               himself
               a
               party
               ;
               No
               Prohibition
               is
               to
               be
               granted
               ,
               though
               this
               be
               done
               within
               the
               Realm
               .
            
             
               4.
               
               Although
               of
               some
               Causes
               arising
               upon
               the
               Thames
               beneath
               the
               first
               Bridge
               ,
               and
               divers
               other
               Rivers
               beneath
               the
               first
               Bridge
               ,
               the
               Kings
               Courts
               have
               Cognizance
               ;
               Yet
               the
               Admiralty
               hath
               also
               Jurisdiction
               there
               ,
               in
               the
               point
               specially
               mentioned
               in
               the
               Statute
               of
               15
               R.
               2.
               
               And
               also
               by
               Exposition
               and
               Equity
               thereof
               ,
               he
               may
               inquire
               of
               and
               redress
               all
               annoyances
               and
               obstructions
               in
               these
               Rivers
               ,
               that
               are
               any
               impediment
               to
               Navigation
               or
               Passage
               to
               or
               from
               the
               Sea
               :
               And
               also
               to
               try
               Personal
               Contracts
               and
               Injuries
               
               done
               there
               which
               concern
               Navigation
               upon
               the
               Sea.
               And
               no
               Prohibition
               is
               to
               be
               granted
               in
               such
               Cases
               .
            
             
               5.
               
               If
               any
               be
               imprisoned
               ,
               and
               upon
               
                 Habeas
                 Corpus
              
               brought
               ;
               If
               it
               be
               certified
               ,
               that
               any
               of
               these
               be
               the
               Cause
               of
               his
               Imprisonment
               ,
               the
               party
               shall
               be
               remanded
               .
            
             
               
                 Subscribed
                 
                   Febr.
                   1632.
                   
                
                 By
                 all
                 the
                 Judges
                 of
                 both
                 Benches
                 .
              
            
          
        
      
       
         
           
             
             
               AN
               EXTRACT
               ,
               By
               way
               of
               APPENDIX
               ,
               Of
               the
               Ancient
               LAVVS
               of
               Oleron
               .
               Rendred
               into
               English
               out
               of
               GARSIAS
               aliàs
               FERRAND
               .
               
                 Together
                 with
              
               Some
               Marginal
               Observations
               thereon
               .
            
             
               LONDON
               ,
               Printed
               in
               the
               Year
               1661.
               
            
          
        
         
           
             
             
             
               AN
               EXTRACT
               (
               By
               way
               of
            
             APPENDIX
             )
             
               of
               the
               Ancient
               Sea-Laws
               of
            
             OLERON
             ;
             Rendred
             into
             English
             out
             of
             Garsias
             ,
             aliàs
             Ferrand
             .
          
           
             The
             Judgements
             of
             the
             Sea
             ,
             and
             the
             Isle
             of
             OLERON
             .
          
           
             For
             the
             Regulation
             and
             Government
             of
             Merchants
             ,
             Owners
             of
             Ships
             ,
             Part-Owners
             ,
             Masters
             of
             Ships
             ,
             and
             Common
             Mariners
             in
             all
             Maritime
             Affairs
             .
          
           
             
               I.
               
            
             
               WHen
               a
               Ship
               or
               other
               Vessel
               ,
               whereof
               a
               Master
               is
               made
               ,
               belonging
               to
               several
               Part-Owners
               ,
               and
               departing
               from
               her
               own
               Port
               ,
               arrives
               at
               
                 Burdeoux
                 ,
                 Rouen
              
               ,
               or
               such
               like
               place
               ,
               and
               is
               there
               Fraighted
               to
               sail
               for
               Scotland
               ,
               
               or
               some
               other
               Forraign
               Country
               ;
               The
               Master
               in
               such
               case
               may
               not
               sell
               or
               dispose
               
               the
               said
               Vessel
               without
               Licence
               or
               a
               special
               Procuration
               for
               that
               purpose
               from
               the
               said
               Owners
               ;
               But
               in
               case
               he
               want
               monies
               for
               the
               Victualling
               ,
               or
               other
               necessary
               provisions
               of
               the
               said
               Vessel
               ,
               he
               may
               for
               that
               end
               with
               the
               advice
               of
               his
               Mariners
               ,
               hypothecate
               ,
               pawn
               ,
               or
               pledge
               part
               of
               the
               Tackle
               or
               Furniture
               
               of
               the
               said
               Ship.
               
            
          
           
             
               II.
               
            
             
               If
               a
               Ship
               or
               other
               Vessel
               be
               in
               a
               Port
               or
               Haven
               ,
               waiting
               for
               her
               Fraight
               ,
               therewith
               to
               depart
               ;
               the
               Master
               ,
               before
               he
               depart
               thence
               ,
               ought
               first
               to
               Consult
               with
               his
               Company
               ,
               and
               say
               ,
               (
               Sirs
               )
               We
               have
               now
               an
               opportunity
               
               to
               set
               Sail
               ;
               Some
               of
               them
               possibly
               will
               say
               ,
               The
               Weather
               as
               yet
               seems
               not
               good
               enough
               ,
               the
               Wind
               being
               but
               now
               newly
               changed
               ,
               and
               we
               ought
               to
               see
               it
               somewhat
               setled
               ;
               Others
               of
               them
               possibly
               will
               say
               ,
               The
               Weather
               is
               good
               and
               fair
               :
               In
               this
               Case
               the
               said
               Master
               is
               to
               concur
               with
               the
               Opinion
               of
               the
               major
               part
               of
               his
               Company
               ;
               If
               he
               does
               otherwise
               ,
               and
               the
               Vessel
               happen
               to
               miscarry
               thereby
               ,
               he
               is
               obliged
               to
               make
               good
               the
               same
               ,
               according
               to
               the
               value
               upon
               a
               just
               appraisement
               .
            
          
           
             
             
               III.
               
            
             
               If
               any
               Vessel
               through
               misfortune
               happen
               to
               be
               cast
               away
               ,
               in
               whatsoever
               place
               it
               be
               ,
               the
               mariners
               are
               bound
               to
               use
               their
               best
               endevour
               for
               the
               saving
               as
               much
               of
               the
               Ship
               and
               Lading
               as
               possibly
               they
               can
               ;
               And
               if
               
               they
               preserve
               part
               thereof
               ,
               the
               Master
               is
               bound
               to
               allow
               them
               reasonable
               Consideration
               ,
               whereby
               to
               get
               home
               to
               their
               own
               Country
               ;
               And
               in
               case
               they
               save
               so
               much
               as
               whereby
               the
               Master
               may
               do
               this
               ,
               then
               may
               he
               lawfully
               pledge
               to
               some
               honest
               persons
               such
               part
               thereof
               as
               may
               serve
               for
               that
               occasion
               .
               But
               if
               they
               have
               not
               endevoured
               to
               save
               as
               aforesaid
               ,
               then
               the
               Master
               is
               not
               bound
               to
               provide
               for
               them
               in
               any
               thing
               ;
               but
               rather
               they
               lose
               their
               wages
               when
               the
               Vessel
               is
               lost
               .
               And
               the
               Master
               may
               not
               sell
               the
               Furniture
               of
               the
               Vessel
               ,
               or
               her
               Lading
               without
               a
               Procuration
               for
               that
               purpose
               from
               the
               Owners
               and
               Merchants
               ;
               But
               yet
               he
               
               ought
               ,
               if
               it
               may
               be
               ,
               to
               have
               the
               Mariners
               in
               a
               readiness
               ,
               until
               he
               knows
               the
               pleasure
               of
               the
               Owners
               ;
               And
               herein
               he
               ought
               to
               doe
               as
               becomes
               a
               prudent
               Master
               ;
               for
               if
               he
               does
               otherwise
               ,
               he
               is
               obliged
               to
               satisfaction
               .
            
          
           
             
               IV.
               
            
             
               A
               Vessel
               Laden
               ,
               departing
               from
               Rochel
               ,
               or
               some
               other
               place
               ,
               happens
               in
               the
               Course
               
               of
               her
               Voyage
               to
               be
               rendred
               unfit
               to
               proceed
               therein
               ,
               yet
               the
               Mariners
               save
               as
               much
               of
               the
               Lading
               as
               possibly
               they
               can
               ;
               The
               Merchants
               and
               Master
               are
               at
               variance
               ,
               requiring
               to
               have
               their
               Merchandize
               or
               the
               Lading
               from
               the
               Master
               ;
               They
               ought
               indeed
               to
               
               have
               them
               ,
               paying
               Fraight
               for
               so
               far
               as
               they
               made
               the
               said
               Voyage
               ,
               Kenning
               by
               Kenning
               ,
               and
               Course
               by
               Course
               ,
               if
               it
               so
               please
               the
               Master
               .
               But
               if
               he
               will
               ,
               he
               may
               repair
               his
               Vessel
               ,
               if
               so
               be
               she
               be
               in
               such
               case
               as
               that
               readily
               she
               may
               be
               repaired
               ;
               but
               if
               otherwise
               ,
               and
               he
               cannot
               hire
               another
               Vessel
               
               to
               finish
               his
               said
               Voyage
               ,
               then
               the
               Master
               shall
               have
               his
               Fraight
               for
               so
               far
               of
               the
               said
               Voyage
               ,
               and
               for
               so
               much
               of
               the
               Lading
               as
               is
               there
               saved
               .
               And
               the
               Fraight
               of
               the
               Goods
               that
               are
               saved
               ,
               ought
               all
               of
               it
               to
               be
               reckoned
               Liver
               by
               Liver
               ,
               and
               the
               saved
               Goods
               to
               pay
               the
               Costs
               of
               their
               salvage
               ,
               according
               as
               they
               shall
               happen
               to
               be
               .
               And
               in
               case
               it
               happens
               that
               the
               Master
               ,
               Merchant
               ,
               or
               Mariners
               promised
               the
               People
               of
               the
               Country
               ,
               where
               such
               misfortune
               is
               ,
               a
               third
               or
               one
               moity
               of
               what
               by
               their
               help
               should
               
               be
               saved
               of
               the
               Ship
               and
               Lading
               ,
               out
               of
               the
               dangers
               they
               were
               in
               ;
               In
               that
               case
               the
               Justice
               of
               that
               Country
               ,
               where
               such
               misfortune
               happens
               ,
               ought
               well
               to
               consider
               what
               pains
               they
               bestowed
               ,
               and
               what
               hazards
               they
               did
               run
               in
               the
               saving
               thereof
               ,
               and
               to
               reward
               them
               accordingly
               ,
               notwithstanding
               what
               promise
               in
               such
               distress
               so
               made
               them
               as
               aforesaid
               by
               such
               Master
               ,
               Merchant
               ,
               or
               Mariner
               .
            
          
           
             
             
               V.
               
            
             
               If
               a
               Vessel
               depart
               from
               any
               Country
               Laden
               or
               Empty
               ,
               and
               arrive
               at
               any
               Port
               ,
               the
               Mariners
               ought
               not
               to
               leave
               the
               Ship
               ,
               or
               to
               go
               out
               of
               her
               without
               the
               Masters
               Leave
               or
               
               Licence
               ;
               For
               if
               otherwise
               ,
               and
               the
               Vessel
               should
               happen
               to
               be
               lost
               ,
               or
               by
               any
               misfortune
               be
               damnified
               ,
               they
               are
               obliged
               to
               make
               satisfaction
               for
               the
               same
               .
               But
               if
               the
               Vessel
               was
               in
               such
               a
               place
               ,
               as
               wherein
               she
               was
               Anchored
               and
               Moared
               with
               two
               or
               three
               Cables
               ,
               they
               may
               then
               lawfully
               go
               out
               of
               her
               without
               the
               said
               Masters
               Licence
               ,
               provided
               
               they
               leave
               behind
               them
               on
               Ship-board
               such
               a
               number
               of
               the
               Ships
               Company
               ,
               their
               Fellow-Mariners
               ,
               as
               is
               sufficient
               to
               keep
               the
               Decks
               ,
               and
               the
               Merchandize
               or
               the
               Lading
               of
               the
               Ship
               ,
               provided
               also
               that
               they
               return
               again
               in
               due
               time
               and
               season
               to
               their
               said
               Ship.
               For
               if
               they
               make
               unnecessary
               delays
               ,
               or
               stay
               from
               the
               Ship
               longer
               then
               is
               meet
               ,
               they
               ought
               to
               make
               satisfaction
               ,
               if
               they
               have
               wherewithal
               .
            
          
           
             
               VI.
               
            
             
               If
               some
               of
               the
               Mariners
               ,
               that
               hired
               themselves
               with
               the
               Master
               ,
               go
               out
               of
               the
               Ship
               without
               his
               Leave
               ,
               and
               drink
               themselves
               drunk
               ,
               or
               the
               like
               ,
               whereby
               there
               happens
               Contempt
               to
               their
               Master
               ,
               besides
               Debates
               ,
               
               Fightings
               and
               Quarrellings
               among
               themselves
               ,
               whereby
               some
               happen
               to
               be
               wounded
               ;
               In
               this
               Case
               the
               Master
               is
               not
               obliged
               
               to
               get
               them
               healed
               ,
               or
               in
               any
               thing
               to
               provide
               for
               them
               ,
               but
               rather
               to
               discharge
               them
               of
               the
               Vessel
               ,
               and
               to
               turn
               them
               out
               of
               the
               Ship
               ,
               both
               them
               and
               their
               Comrades
               .
               But
               if
               by
               the
               Masters
               Order
               and
               Command
               any
               of
               the
               Ships
               Company
               be
               in
               the
               service
               of
               
               the
               Ship
               ,
               and
               therein
               happen
               to
               be
               wounded
               or
               otherwise
               hurt
               ,
               in
               this
               Case
               they
               ought
               to
               be
               healed
               and
               provided
               for
               at
               the
               Costs
               and
               charges
               of
               the
               said
               Ship.
               
            
          
           
             
               VII
               .
            
             
               If
               it
               so
               happens
               that
               Sickness
               doth
               seize
               on
               any
               of
               the
               Mariners
               of
               the
               Ship
               ,
               while
               he
               is
               in
               the
               service
               of
               the
               said
               Ship
               ,
               the
               Master
               
               ought
               to
               set
               him
               on
               shore
               ,
               and
               to
               let
               him
               have
               Candle-Light
               ,
               and
               to
               provide
               him
               a
               Lodging
               ,
               as
               also
               to
               spare
               him
               one
               of
               the
               Ship-boyes
               to
               look
               to
               him
               ,
               or
               hire
               a
               woman
               to
               attend
               him
               ;
               Likewise
               to
               afford
               him
               such
               Diet
               as
               is
               usual
               in
               the
               Ship
               ,
               that
               is
               to
               say
               ,
               so
               much
               as
               he
               had
               a
               Ship-board
               in
               his
               health
               ,
               and
               nothing
               more
               ,
               unless
               it
               please
               the
               Master
               to
               allow
               him
               more
               ;
               And
               if
               he
               will
               have
               better
               Diet
               ,
               the
               Master
               is
               not
               bound
               to
               provide
               it
               for
               him
               ,
               unless
               it
               be
               at
               his
               own
               Costs
               and
               Charges
               .
               And
               if
               
               the
               Vessel
               be
               ready
               for
               her
               departure
               ,
               she
               ought
               not
               to
               stay
               for
               the
               said
               sick
               party
               ;
               If
               
               he
               recover
               ,
               he
               ought
               to
               have
               his
               full
               wages
               or
               competent
               hire
               ,
               rebating
               or
               deducting
               
               only
               such
               Charges
               as
               the
               Master
               hath
               been
               at
               for
               him
               ;
               And
               if
               he
               dyes
               ,
               his
               wife
               or
               next
               of
               kin
               ought
               to
               have
               it
               .
               *
            
          
           
             
               VIII
               .
            
             
               A
               Vessel
               is
               Laden
               to
               sail
               for
               Rouen
               ,
               or
               some
               other
               place
               ;
               it
               happens
               that
               a
               storm
               overtakes
               her
               at
               Sea
               ,
               and
               so
               violent
               that
               she
               cannot
               escape
               without
               casting
               some
               of
               her
               Lading
               and
               the
               Merchandize
               over
               board
               ,
               for
               lightning
               the
               said
               Vessel
               ,
               and
               preserving
               the
               rest
               of
               the
               Lading
               ,
               as
               also
               of
               the
               Vessel
               it self
               ;
               In
               this
               Case
               the
               Master
               ought
               to
               say
               ,
               Sirs
               ,
               It
               is
               fit
               or
               expedient
               to
               cast
               over
               board
               some
               part
               of
               the
               Lading
               to
               save
               the
               Vessel
               ;
               And
               if
               there
               be
               no
               Merchant
               that
               answers
               his
               pleasure
               herein
               ,
               or
               accords
               and
               approves
               thereof
               by
               his
               silence
               ;
               Then
               the
               
               Master
               ought
               to
               use
               his
               discretion
               ,
               and
               to
               do
               what
               in
               him
               lyes
               ,
               and
               to
               cast
               part
               of
               the
               Lading
               over
               board
               ;
               And
               if
               this
               please
               not
               the
               Merchants
               ,
               but
               that
               they
               gain-say
               or
               contradict
               it
               ,
               yet
               the
               Master
               ,
               notwithstanding
               this
               ,
               ought
               not
               to
               forbear
               casting
               out
               so
               much
               goods
               as
               he
               shall
               see
               may
               be
               for
               the
               common
               good
               and
               safety
               ;
               he
               and
               the
               third
               part
               of
               his
               Mariners
               making
               Oath
               on
               the
               Holy
               Evangelist
               ,
               when
               they
               arrive
               at
               their
               
               right
               Port
               of
               Discharge
               ,
               that
               he
               did
               it
               only
               for
               the
               preservation
               of
               the
               Vessel
               ,
               and
               the
               rest
               of
               the
               Lading
               that
               remains
               yet
               in
               her
               .
               And
               the
               Wines
               (
               or
               other
               goods
               )
               that
               were
               cast
               over
               board
               ,
               ought
               to
               be
               valued
               and
               prized
               according
               to
               the
               just
               value
               of
               the
               other
               goods
               that
               arrive
               in
               safety
               .
               And
               when
               these
               
               shall
               be
               sold
               ,
               the
               price
               or
               value
               thereof
               ought
               to
               be
               divided
               Liver
               by
               Liver
               among
               the
               Me●chants
               ;
               And
               the
               Master
               ought
               to
               make
               the
               division
               ,
               and
               to
               compute
               the
               damage
               of
               the
               Vessel
               ,
               or
               the
               Fraight
               at
               his
               own
               choice
               for
               the
               recovery
               thereof
               ;
               And
               the
               Mariners
               also
               ought
               to
               have
               one
               Tun
               free
               ,
               and
               another
               divided
               by
               Cast
               of
               the
               Dice
               ,
               according
               as
               it
               shall
               happen
               ,
               if
               he
               make
               it
               appear
               he
               did
               the
               part
               of
               an
               able
               Sea-man
               .
               But
               if
               he
               make
               not
               this
               to
               appear
               ,
               then
               he
               shall
               have
               nothing
               freely
               ;
               and
               the
               Merchants
               in
               this
               Case
               may
               lawfully
               put
               the
               Master
               to
               his
               Oath
               .
            
          
           
             
               IX
               .
            
             
               If
               it
               happen
               that
               by
               reason
               of
               much
               foul
               weather
               the
               Master
               is
               like
               to
               be
               constrain'd
               to
               cut
               his
               Masts
               ,
               he
               ought
               first
               to
               call
               the
               Merchants
               ,
               if
               there
               be
               any
               a
               board
               the
               Ship
               ,
               and
               such
               as
               have
               goods
               and
               Merchandize
               in
               the
               Vessel
               ;
               and
               to
               say
               unto
               them
               ,
               Sirs
               ,
               It
               is
               requisite
               to
               cut
               down
               the
               Mast
               ,
               to
               save
               the
               
               Ship
               and
               Lading
               ,
               it
               being
               in
               this
               case
               no
               more
               then
               becomes
               my
               duty
               ;
               And
               oft
               
               times
               it
               comes
               to
               pass
               that
               they
               also
               cut
               their
               Moaring
               Cables
               ,
               leaving
               behind
               them
               their
               Cables
               and
               Anchors
               to
               save
               the
               Ship
               and
               her
               Lading
               .
               All
               these
               things
               are
               reckoned
               and
               computed
               Liver
               by
               Liver
               ,
               as
               goods
               are
               that
               were
               cast
               over
               board
               ;
               And
               when
               the
               Vessel
               arrives
               in
               safety
               at
               her
               right
               Port
               of
               Discharge
               ,
               the
               Merchants
               ought
               to
               pay
               their
               shares
               or
               proportions
               without
               delay
               ,
               or
               sell
               the
               goods
               and
               pledge
               the
               mony
               thereof
               proceeding
               to
               satisfie
               the
               same
               before
               such
               time
               as
               the
               said
               goods
               may
               be
               unladen
               out
               of
               the
               said
               Ship.
               And
               if
               the
               Vessel
               be
               such
               as
               usually
               is
               let
               out
               for
               hire
               upon
               Fraight
               ,
               and
               there
               happen
               Controversies
               and
               Debates
               touching
               the
               premises
               ,
               if
               the
               Master
               observes
               Collusion
               therein
               ,
               he
               ought
               not
               to
               depart
               ,
               but
               is
               to
               have
               his
               compleat
               Fraight
               as
               if
               his
               Tunnage
               were
               full
               .
            
          
           
             
               X.
               
            
             
               When
               a
               Master
               arrives
               in
               safety
               at
               the
               right
               Port
               of
               his
               Discharge
               with
               his
               Vessel
               ,
               he
               ought
               to
               shew
               his
               Merchants
               the
               Cordage
               ,
               Ropes
               ,
               or
               Slings
               ,
               wherewith
               he
               intends
               to
               hoyse
               the
               goods
               over
               board
               ;
               And
               
               if
               they
               find
               that
               they
               need
               mending
               ,
               he
               ought
               to
               mend
               the
               same
               ;
               For
               if
               a
               Pipe
               ,
               Hogshead
               ,
               or
               other
               Vessel
               ,
               should
               happen
               by
               default
               of
               such
               Cordage
               ,
               or
               Slings
               ,
               to
               be
               spoyled
               or
               lost
               ,
               the
               Master
               and
               Mariners
               ought
               to
               make
               satisfaction
               for
               the
               same
               to
               
               the
               Merchants
               .
               So
               also
               if
               the
               Ropes
               or
               Slings
               break
               ,
               the
               Master
               not
               foreshewing
               them
               to
               the
               Merchants
               ,
               he
               is
               obliged
               to
               make
               good
               the
               damage
               .
               But
               if
               the
               Merchants
               say
               the
               Cordage
               ,
               Ropes
               ,
               or
               Slings
               are
               good
               and
               sufficient
               ,
               and
               it
               notwithstanding
               happen
               that
               they
               break
               ,
               in
               that
               case
               each
               of
               them
               ought
               to
               divide
               the
               damage
               ,
               that
               is
               to
               say
               ,
               the
               Merchant
               to
               whom
               such
               goods
               belong
               ,
               and
               the
               said
               Master
               with
               his
               Mariners
               .
            
          
           
             
               XI
               .
            
             
               A
               Vessel
               being
               Laden
               with
               Wines
               or
               other
               Goods
               ,
               hoyses
               Sail
               to
               transport
               the
               same
               to
               Brest
               ,
               or
               some
               other
               place
               ,
               but
               the
               Master
               and
               Mariners
               trim
               not
               their
               Sails
               so
               as
               they
               might
               or
               ought
               to
               have
               done
               ,
               and
               it
               happens
               that
               ill
               weather
               overtakes
               them
               at
               Sea
               ,
               and
               so
               as
               that
               the
               main
               yard
               shakes
               or
               strikes
               out
               the
               head
               of
               one
               of
               the
               Pipes
               ,
               or
               Hogsheads
               of
               Wine
               ;
               This
               Vessel
               being
               in
               safety
               arrived
               at
               her
               Port
               of
               Discharge
               ,
               the
               Merchant
               says
               to
               the
               Master
               ,
               That
               by
               reason
               of
               his
               main
               yard
               his
               Wine
               was
               lost
               ;
               
               The
               Master
               replying
               ,
               says
               ,
               It
               was
               not
               so
               :
               In
               this
               case
               if
               the
               Master
               and
               his
               Mariners
               will
               make
               Oath
               (
               be
               it
               four
               or
               six
               ,
               and
               such
               of
               them
               as
               the
               Merchant
               hath
               no
               exception
               against
               )
               That
               the
               Wine
               perish'd
               not
               by
               the
               main
               yard
               ,
               nor
               by
               them
               ,
               or
               through
               their
               default
               ,
               as
               the
               Merchant
               charges
               them
               ,
               they
               
               ought
               then
               to
               be
               acquitted
               thereof
               ;
               But
               if
               they
               refuse
               to
               make
               Oath
               to
               the
               effect
               aforesaid
               ,
               they
               are
               then
               obliged
               to
               make
               satisfaction
               for
               the
               same
               ,
               for
               that
               they
               ought
               to
               have
               ordered
               their
               Sails
               aright
               before
               they
               departed
               from
               the
               Port
               where
               they
               took
               in
               their
               Lading
               .
            
          
           
             
               XII
               .
            
             
               A
               Master
               having
               hired
               his
               Mariners
               ,
               he
               ought
               to
               keep
               the
               Peace
               betwixt
               them
               ,
               and
               to
               be
               as
               their
               Judge
               at
               Sea
               ;
               so
               that
               if
               there
               be
               any
               of
               them
               that
               gives
               another
               the
               Lye
               ,
               
               whilest
               they
               have
               Wine
               and
               Bread
               on
               the
               Table
               ,
               he
               ought
               to
               pay
               four
               Denieres
               ;
               And
               if
               the
               Master
               himself
               give
               any
               the
               Lye
               ,
               he
               ought
               to
               pay
               eight
               Denieres
               ;
               And
               if
               any
               of
               the
               Mariners
               give
               the
               Master
               the
               Lye
               ,
               he
               also
               ought
               to
               pay
               eight
               Denieres
               .
               And
               if
               the
               Master
               strike
               any
               of
               his
               Mariners
               ,
               he
               ought
               to
               bear
               with
               the
               first
               stroak
               ,
               be
               it
               with
               the
               fist
               or
               open
               hand
               ;
               but
               if
               the
               Master
               doth
               fiercely
               assault
               him
               with
               more
               stroaks
               ,
               the
               said
               Mariner
               may
               defend
               himself
               ;
               but
               and
               if
               the
               said
               common
               Mariner
               doth
               first
               assault
               the
               Master
               ,
               he
               ought
               to
               pay
               five
               Solz
               ,
               or
               lose
               his
               hand
               .
            
          
           
             
               XIII
               .
            
             
               If
               a
               difference
               happen
               between
               the
               Master
               
               of
               a
               Ship
               ,
               and
               any
               one
               of
               his
               Mariners
               ,
               the
               Master
               ought
               three
               times
               to
               take
               away
               from
               him
               ,
               or
               lift
               up
               before
               the
               said
               Mariner
               the
               Towel
               ,
               ere
               he
               turn
               him
               out
               of
               the
               Ship
               ,
               
               or
               discharge
               him
               thereof
               ;
               But
               if
               the
               said
               Mariner
               offer
               in
               the
               presence
               of
               the
               rest
               of
               the
               Mariners
               to
               make
               the
               Master
               satisfaction
               ,
               and
               the
               Master
               be
               so
               resolved
               that
               he
               will
               accept
               of
               no
               satisfaction
               from
               him
               ,
               but
               notwithstanding
               such
               offer
               of
               satisfaction
               will
               put
               him
               out
               of
               the
               Ship
               ;
               In
               such
               case
               the
               said
               Mariner
               may
               betake
               himself
               to
               follow
               the
               said
               Vessel
               to
               her
               Port
               of
               Discharge
               ,
               and
               ought
               to
               have
               as
               good
               hire
               or
               wages
               as
               if
               he
               had
               come
               in
               the
               Ship
               ,
               or
               as
               if
               he
               had
               made
               satisfaction
               for
               his
               fault
               in
               the
               sight
               and
               presence
               of
               the
               Ship-Company
               ;
               And
               if
               the
               
               Master
               take
               not
               another
               Mariner
               into
               the
               Ship
               in
               his
               stead
               ,
               as
               able
               as
               the
               other
               ,
               and
               the
               Ship
               or
               Lading
               happen
               thereby
               to
               be
               through
               any
               misfortune
               damnified
               ,
               the
               Master
               is
               obliged
               to
               make
               good
               the
               same
               ,
               if
               he
               hath
               wherewithal
               .
            
          
           
             
               XIV
               .
            
             
               If
               a
               Vessel
               lying
               at
               Anchor
               be
               struck
               or
               grapled
               with
               by
               another
               Vessel
               under
               Sail
               ,
               that
               is
               not
               very
               well
               steer'd
               ,
               whereby
               the
               Vessel
               at
               Anchor
               is
               prejudiced
               ,
               as
               also
               Wines
               ,
               or
               other
               Merchandize
               in
               each
               of
               the
               said
               Ships
               damnified
               ;
               In
               this
               case
               the
               whole
               damage
               is
               to
               be
               in
               common
               ,
               and
               to
               
               be
               equally
               divided
               and
               appraized
               half
               by
               
               half
               ;
               And
               the
               Master
               and
               Mariners
               of
               the
               Vessel
               that
               struck
               or
               grapled
               with
               the
               other
               ,
               are
               bound
               to
               swear
               on
               the
               holy
               Evangelist
               that
               they
               did
               it
               not
               wittingly
               or
               wilfully
               .
               And
               the
               reason
               why
               this
               Judgement
               was
               first
               given
               ,
               was
               ,
               That
               an
               old
               decayed
               Vessel
               might
               not
               purposely
               be
               put
               in
               the
               way
               of
               a
               better
               ,
               which
               will
               the
               rather
               be
               prevented
               when
               they
               know
               that
               the
               damage
               must
               be
               divided
               .
            
          
           
             
               XV.
               
            
             
               Suppose
               two
               or
               more
               Vessels
               in
               a
               Harbour
               where
               there
               is
               but
               little
               water
               ,
               so
               as
               that
               the
               Anchor
               of
               one
               of
               the
               Vessels
               lyes
               dry
               ;
               The
               Master
               of
               the
               other
               Vessel
               ought
               in
               that
               case
               to
               say
               unto
               him
               whose
               Anchor
               lyes
               dry
               ;
               Master
               ,
               Take
               up
               your
               Anchor
               ,
               for
               it
               is
               too
               nigh
               us
               ,
               and
               may
               do
               us
               a
               prejudice
               ;
               if
               neither
               the
               said
               Master
               nor
               his
               Mariners
               will
               take
               up
               the
               said
               Anchor
               accordingly
               ,
               
               then
               may
               that
               other
               Master
               and
               his
               Mariners
               (
               who
               might
               be
               otherwise
               thereby
               damnified
               )
               take
               up
               the
               said
               Anchor
               ,
               and
               let
               it
               down
               again
               at
               a
               farther
               distance
               from
               them
               ;
               And
               if
               the
               others
               oppose
               or
               withstand
               the
               taking
               up
               of
               their
               Anchor
               ,
               and
               there
               afterwards
               happen
               damage
               thereby
               ,
               they
               are
               bound
               to
               give
               full
               satisfaction
               for
               the
               same
               ;
               In
               like
               manner
               it
               is
               ,
               if
               they
               neglect
               the
               placing
               of
               a
               Boy
               to
               the
               Anchor
               ,
               
               and
               damage
               happen
               thereby
               ,
               they
               are
               obliged
               to
               repair
               the
               same
               ;
               And
               so
               also
               it
               is
               in
               case
               damage
               so
               happen
               in
               a
               Haven
               at
               low
               water
               ,
               for
               they
               ought
               to
               fasten
               such
               Boys
               or
               Anchor-marks
               ,
               and
               such
               Cables
               to
               theit
               Anchors
               ,
               as
               may
               plainly
               appear
               and
               be
               seen
               at
               full
               Sea.
               
            
          
           
             
               XVI
               .
            
             
               A
               Vessel
               going
               to
               seek
               a
               Fraight
               ,
               arrives
               at
               her
               place
               of
               Lading
               in
               England
               ,
               or
               elsewhere
               ;
               the
               Master
               ought
               then
               to
               say
               to
               his
               Company
               ;
               Sirs
               ,
               Will
               you
               Fraight
               by
               your selves
               ,
               
               or
               be
               allowed
               at
               the
               Fraight
               of
               the
               Ship
               ?
               They
               are
               to
               answer
               which
               of
               the
               two
               they
               intend
               ;
               if
               they
               take
               as
               the
               Fraight
               of
               the
               Ship
               shall
               happen
               ,
               they
               shall
               have
               proportionably
               as
               the
               Ship
               hath
               .
               And
               if
               they
               will
               Fraight
               by
               themselves
               ,
               they
               ought
               to
               Fraight
               so
               as
               that
               the
               Ship
               be
               not
               impeded
               or
               hindred
               thereby
               .
               And
               if
               it
               so
               happen
               ,
               that
               Fraight
               may
               not
               be
               had
               ,
               the
               Master
               is
               blameless
               ;
               and
               he
               ought
               to
               shew
               them
               their
               Ship-fare
               ,
               which
               he
               may
               weigh
               out
               to
               each
               of
               them
               .
               And
               if
               they
               will
               there
               lade
               a
               Tun
               of
               Water
               in
               stead
               of
               so
               much
               Wine
               ,
               they
               may
               ;
               And
               in
               case
               there
               should
               happen
               at
               Sea
               a
               casting
               of
               goods
               over
               board
               ,
               the
               Case
               is
               the
               same
               for
               a
               Tun
               of
               Water
               as
               in
               a
               Tun
               of
               Wine
               ,
               or
               other
               goods
               ,
               Liver
               by
               Liver
               .
               And
               if
               so
               be
               that
               Merchants
               do
               Fraight
               the
               said
               Vessel
               for
               Transportation
               of
               
               Goods
               ,
               what
               freedome
               and
               immunity
               the
               said
               Mariner
               hath
               ,
               the
               said
               Merchant
               shall
               also
               have
               .
            
          
           
             
               XVII
               .
            
             
               The
               Mariners
               of
               Brittain
               ought
               to
               have
               but
               one
               meal
               a
               day
               from
               the
               Kitchin
               ,
               because
               
               they
               have
               Beverage
               or
               Drinkings
               out
               and
               home
               ;
               But
               those
               of
               Normandy
               are
               to
               have
               two
               meals
               a
               day
               ,
               because
               they
               have
               only
               water
               at
               the
               Ships
               allowance
               ;
               only
               when
               the
               Ship
               arrives
               at
               a
               Wine-Country
               ,
               there
               the
               Master
               is
               to
               procure
               them
               Wine
               to
               drink
               .
            
          
           
             
               XVIII
               .
            
             
               When
               a
               Vessel
               doth
               discharge
               or
               unload
               ,
               and
               the
               Mariners
               demand
               their
               wages
               ,
               whereof
               some
               have
               neither
               Bed
               ,
               Chest
               ,
               nor
               
               Cabbin
               aboard
               ,
               the
               Master
               may
               lawfully
               retain
               part
               of
               their
               wages
               till
               they
               have
               brought
               back
               the
               Ship
               to
               the
               Port
               from
               whence
               she
               came
               ,
               unless
               they
               give
               good
               caution
               to
               serve
               out
               the
               whole
               Voyage
               .
            
          
           
             
               XIX
               .
            
             
               If
               the
               Master
               hire
               the
               Mariners
               in
               that
               Town
               whereunto
               the
               Vessel
               belongs
               ,
               whereof
               some
               at
               their
               own
               finding
               ,
               others
               of
               them
               
               at
               his
               own
               costs
               and
               provision
               ;
               And
               it
               happen
               that
               the
               Ship
               cannot
               procure
               Fraight
               in
               those
               parts
               where
               she
               is
               now
               arrived
               ,
               but
               must
               sail
               yet
               farther
               to
               obtain
               it
               ;
               In
               such
               Case
               they
               that
               are
               at
               their
               own
               finding
               ,
               ought
               to
               follow
               the
               Master
               ,
               and
               such
               as
               are
               at
               his
               own
               costs
               ,
               ought
               to
               have
               their
               wages
               advanced
               Kenning
               by
               Kenning
               ,
               and
               Course
               by
               
               Course
               ,
               for
               that
               he
               hired
               them
               to
               one
               certain
               place
               .
               And
               if
               they
               go
               not
               so
               far
               as
               to
               that
               place
               for
               which
               the
               Contract
               was
               made
               ,
               yet
               they
               ought
               to
               have
               the
               whole
               promised
               hire
               ,
               as
               if
               they
               had
               gone
               thither
               ;
               But
               they
               ought
               to
               bring
               back
               the
               Vessel
               to
               the
               place
               from
               whence
               they
               took
               her
               .
            
          
           
             
               XX.
               
            
             
               When
               a
               Vessel
               arrives
               at
               Rouen
               ,
               or
               any
               other
               place
               ,
               two
               of
               the
               Mariners
               at
               a
               time
               may
               go
               a
               shore
               and
               take
               with
               them
               one
               meal
               of
               such
               Victuals
               as
               is
               in
               the
               Ship
               ,
               therein
               cut
               and
               provided
               ,
               as
               also
               Bread
               proportionably
               
               as
               much
               as
               they
               eat
               at
               once
               ,
               but
               no
               Drink
               :
               And
               they
               ought
               very
               speedily
               and
               in
               season
               to
               return
               to
               their
               Vessel
               ,
               that
               thereby
               the
               Master
               may
               not
               lose
               the
               earnest
               or
               hire
               of
               the
               Ship
               ;
               for
               if
               so
               ,
               and
               damage
               come
               thereby
               ,
               they
               are
               bound
               to
               make
               satisfaction
               ;
               or
               if
               any
               of
               their
               Company
               be
               hurt
               for
               want
               of
               their
               help
               ,
               they
               are
               to
               be
               at
               such
               charge
               of
               his
               recovery
               as
               one
               of
               his
               Fellow-Mariners
               ,
               or
               the
               Master
               ,
               with
               those
               of
               the
               Table
               shall
               judge
               or
               arbitrate
               .
            
          
           
             
             
               XXI
               .
            
             
               If
               a
               Master
               lets
               his
               Ship
               to
               Fraight
               to
               a
               Merchant
               ,
               and
               set
               him
               a
               certain
               time
               within
               which
               he
               shall
               lade
               his
               Vessel
               ,
               that
               she
               may
               be
               ready
               to
               depart
               at
               the
               time
               appointed
               ,
               and
               he
               lade
               it
               not
               within
               the
               time
               ,
               but
               keep
               the
               Master
               and
               Mariners
               by
               the
               space
               of
               eight
               days
               ,
               or
               a
               fortnight
               ,
               or
               more
               ,
               beyond
               the
               time
               agreed
               on
               ,
               whereby
               the
               Master
               loseth
               the
               opportunity
               of
               a
               fair
               wind
               to
               depart
               ,
               by
               reason
               of
               this
               the
               Merchants
               said
               default
               ;
               
               The
               said
               Merchant
               in
               this
               case
               is
               obliged
               to
               make
               the
               Master
               satisfaction
               for
               such
               delay
               ,
               the
               fourth
               whereof
               is
               to
               go
               among
               the
               Mariners
               ,
               and
               the
               other
               three
               fourth
               parts
               to
               the
               Master
               ,
               because
               he
               finds
               them
               their
               expences
               .
            
          
           
             
               XXII
               .
            
             
               When
               a
               Merchant
               Fraights
               a
               Vessel
               at
               his
               own
               charge
               ,
               and
               sets
               her
               to
               Sea
               ,
               and
               the
               said
               Vessel
               enter
               into
               an
               Harbour
               ,
               where
               she
               is
               wind-bound
               ,
               that
               she
               stays
               so
               long
               till
               her
               monies
               be
               all
               spent
               ,
               the
               Master
               in
               that
               
               ease
               ought
               speedily
               to
               send
               home
               to
               his
               own
               Country
               for
               mony
               ;
               but
               he
               ought
               not
               to
               lose
               his
               armogan
               ,
               or
               desert
               his
               Voyage
               or
               main
               design
               ;
               for
               if
               so
               ,
               he
               is
               the●
               obliged
               to
               make
               good
               to
               the
               Merchant
               all
               such
               damag●s
               as
               shall
               ensue
               thereby
               ;
               But
               yet
               the
               Master
               
               may
               take
               part
               of
               the
               Wines
               or
               other
               Merchand-goods
               ,
               and
               dispo●e
               thereof
               to
               compass
               
               his
               return
               ;
               And
               when
               the
               said
               Vessel
               shall
               be
               arrived
               at
               her
               right
               Port
               of
               Discharge
               ,
               the
               said
               Wines
               that
               the
               Master
               hath
               
               so
               disposed
               of
               ,
               ought
               to
               be
               valued
               and
               appraized
               at
               the
               same
               rate
               as
               the
               other
               Wines
               shall
               be
               commonly
               sold
               for
               ,
               at
               no
               more
               nor
               less
               ,
               and
               accordingly
               be
               accounted
               for
               to
               the
               Merchant
               ;
               And
               the
               Master
               ought
               to
               have
               the
               Fraight
               of
               such
               Wines
               as
               he
               hath
               so
               taken
               and
               disposed
               of
               for
               the
               use
               and
               reason
               aforesaid
               .
            
          
           
             
               XXIII
               .
            
             
               If
               a
               Pilot
               undertaking
               the
               Conduct
               of
               a
               Vessel
               ,
               to
               bring
               her
               to
               St.
               Mallo
               ,
               or
               any
               other
               Port
               ,
               fail
               of
               his
               duty
               therein
               ,
               so
               as
               the
               Vessel
               miscarry
               by
               reason
               of
               his
               ignorance
               in
               what
               he
               undertook
               ,
               and
               the
               Merchants
               sustain
               damage
               thereby
               ,
               he
               is
               obliged
               
               to
               make
               full
               fatisfaction
               for
               the
               same
               ,
               if
               he
               hath
               wherewithal
               :
               And
               if
               he
               be
               not
               able
               to
               make
               satisfaction
               ,
               he
               ought
               to
               lose
               his
               head
               .
               And
               if
               in
               that
               case
               the
               Master
               or
               any
               of
               the
               Mariners
               ,
               or
               the
               Merchants
               ,
               cut
               off
               his
               head
               ,
               they
               are
               not
               bound
               to
               answer
               for
               it
               ;
               But
               yet
               before
               they
               do
               this
               ,
               they
               ought
               to
               know
               whether
               he
               hath
               wherewith
               to
               make
               satisfaction
               .
            
          
           
             
             
               XXIV
               .
            
             
               A
               Vessel
               being
               arrived
               at
               her
               Port
               of
               Discharge
               ,
               and
               hoysed
               up
               there
               into
               dry
               ground
               ,
               and
               so
               as
               the
               Mariners
               deeming
               her
               to
               be
               in
               good
               safety
               do
               take
               down
               her
               Sails
               ,
               and
               so
               fit
               the
               Vessel
               a
               loof
               and
               aft
               ,
               the
               Master
               now
               cught
               to
               consider
               an
               increase
               of
               their
               wages
               Kenning
               by
               Kenning
               ;
               And
               if
               in
               winding
               or
               hoysing
               of
               Wines
               ,
               it
               happens
               that
               they
               leave
               open
               any
               of
               the
               Pipes
               ,
               or
               other
               Vessels
               ,
               or
               that
               they
               fasten
               not
               the
               
               Ropes
               well
               at
               the
               ends
               of
               the
               Vessel
               ,
               by
               reason
               whereof
               it
               slips
               ,
               and
               falls
               ,
               and
               so
               lost
               ,
               or
               falling
               on
               another
               ,
               both
               are
               damnified
               ,
               or
               lost
               ;
               In
               these
               Cases
               the
               Master
               and
               Mariners
               are
               bound
               to
               make
               them
               good
               to
               the
               Merchants
               ,
               and
               the
               Merchants
               must
               pay
               the
               Fraight
               of
               the
               said
               damnified
               or
               lost
               Wines
               ,
               because
               themselves
               are
               to
               receive
               for
               them
               from
               the
               Master
               and
               Mariners
               ,
               according
               to
               the
               value
               that
               the
               rest
               of
               the
               Wines
               are
               sold
               for
               ;
               And
               the
               Owners
               of
               the
               Ship
               ought
               not
               to
               suffer
               hereby
               ,
               because
               the
               damage
               happened
               by
               default
               of
               the
               Master
               and
               Mariners
               ,
               in
               not
               fastning
               the
               said
               Vessels
               of
               Wine
               .
            
          
           
             
               XXV
               .
            
             
               It
               two
               Vessels
               go
               on
               a
               Fishing
               design
               in
               
               Partnership
               ,
               as
               for
               Mackerel
               ,
               Herring
               ,
               Rayes
               ,
               or
               the
               like
               ,
               and
               do
               set
               their
               Nets
               ,
               
               and
               lay
               their
               Lines
               for
               that
               purpose
               ;
               The
               one
               of
               the
               Vessels
               ought
               to
               imploy
               as
               many
               Fishing
               Engines
               as
               the
               other
               ,
               and
               so
               shall
               go
               in
               equal
               shares
               as
               to
               the
               gain
               ,
               according
               to
               the
               Agreement
               betwixt
               them
               made
               .
               After
               this
               ,
               if
               it
               so
               happen
               ,
               that
               one
               of
               the
               said
               Vessels
               with
               her
               Fishing
               Instruments
               and
               Engines
               perish
               ,
               the
               other
               escaping
               ,
               arrive
               in
               safety
               ;
               the
               surviving
               friends
               of
               
               those
               that
               perished
               ,
               may
               require
               of
               the
               other
               to
               have
               their
               part
               of
               the
               gain
               ,
               as
               also
               of
               their
               Fish
               and
               Fishing
               Instruments
               ;
               And
               they
               are
               to
               have
               it
               accordingly
               upon
               the
               Oaths
               of
               those
               that
               escape
               ;
               But
               in
               or
               of
               the
               Vessel
               it self
               ,
               they
               are
               to
               have
               nothing
               .
            
          
           
             
               XXVI
               .
            
             
               If
               any
               Ship
               or
               other
               Vessel
               sailing
               to
               and
               f●o
               ,
               and
               Coasting
               the
               Seas
               ,
               as
               well
               in
               the
               way
               of
               Merchandizing
               ,
               as
               upon
               a
               Fishing
               design
               ,
               happen
               by
               some
               misfortune
               through
               the
               violence
               of
               the
               Weather
               to
               strike
               her self
               against
               the
               Rocks
               ,
               whereby
               she
               becomes
               so
               bruised
               and
               broken
               ,
               that
               there
               she
               perishes
               ,
               be
               it
               on
               what
               Coasts
               ,
               Country
               or
               Dominion
               soever
               ,
               and
               the
               Master
               and
               Mariners
               ,
               Merchant
               or
               Merchants
               ,
               or
               any
               one
               of
               these
               escape
               and
               come
               safe
               to
               Land
               ;
               In
               this
               Case
               the
               Lord
               of
               that
               place
               or
               Country
               ,
               where
               such
               misfortune
               shall
               happen
               ,
               
               ought
               not
               to
               let
               ,
               hinder
               ,
               or
               oppose
               such
               as
               have
               so
               escaped
               ,
               or
               such
               ,
               to
               whom
               the
               said
               Ship
               ,
               or
               Vessel
               ,
               and
               her
               Lading
               belong
               ,
               in
               
               using
               their
               utmost
               endevour
               for
               the
               preservation
               of
               as
               much
               thereof
               as
               may
               possibly
               be
               saved
               .
               But
               contrariwise
               ,
               the
               Lord
               of
               that
               place
               or
               Country
               ,
               by
               his
               own
               interest
               ,
               and
               by
               those
               under
               his
               power
               and
               Jurisdiction
               ,
               ought
               to
               be
               aiding
               and
               assisting
               to
               the
               said
               distressed
               Merchants
               and
               Mariners
               ,
               in
               saving
               their
               Ship-broken-goods
               ,
               and
               that
               without
               the
               least
               imbezilment
               or
               taking
               any
               thereof
               from
               them
               .
               Nevertheless
               there
               may
               be
               a
               Remuneration
               or
               Consideration
               for
               Salvage
               to
               such
               as
               took
               pains
               therein
               ,
               answerable
               to
               their
               Conditions
               ,
               according
               to
               right
               Reason
               ,
               
               and
               a
               good
               Conscience
               ,
               and
               as
               Justice
               shall
               appoint
               ,
               notwithstanding
               what
               promise
               in
               that
               Case
               was
               made
               to
               the
               Salvers
               by
               such
               distressed
               Merchants
               and
               Mariners
               ,
               as
               before
               is
               declared
               :
               And
               in
               case
               any
               shall
               do
               contrary
               hereunto
               ,
               or
               take
               any
               part
               of
               the
               said
               goods
               from
               the
               said
               poor
               ,
               distressed
               ,
               ruin'd
               ,
               undone
               ,
               Ship-broken
               persons
               ,
               against
               their
               
               wills
               ,
               and
               without
               their
               consent
               ,
               they
               are
               Excommunicated
               by
               the
               Church
               ,
               and
               ought
               to
               receive
               the
               punishment
               of
               Thieves
               ,
               without
               speedy
               Restitution
               be
               made
               by
               them
               ;
               And
               there
               is
               no
               Custome
               or
               Statute
               whatever
               that
               can
               protect
               them
               against
               the
               said
               penalties
               .
            
          
           
             
             
               XXVII
               .
            
             
               If
               a
               Ship
               or
               other
               Vessel
               entring
               into
               an
               Harbour
               ,
               or
               elsewhere
               ,
               happen
               by
               misfortune
               to
               be
               broken
               and
               perish
               ,
               insomuch
               that
               the
               Master
               ,
               Mariners
               ,
               and
               Merchants
               ,
               which
               were
               on
               board
               her
               ,
               are
               all
               drowned
               ;
               so
               that
               the
               Goods
               thereof
               in
               part
               are
               driven
               a
               shore
               ,
               the
               rest
               floating
               on
               the
               Sea
               ,
               without
               being
               sought
               after
               by
               those
               to
               whom
               they
               belong
               ,
               they
               being
               ignorant
               of
               this
               sad
               disaster
               ,
               and
               knowing
               nothing
               thereof
               ;
               In
               this
               Case
               ,
               which
               is
               very
               lamentable
               ,
               the
               Lord
               of
               that
               place
               or
               Country
               ought
               to
               send
               persons
               to
               
               save
               the
               said
               Goods
               ,
               which
               he
               ought
               to
               secure
               and
               to
               put
               into
               safe
               custody
               ;
               and
               thereof
               ought
               also
               (
               if
               it
               may
               be
               )
               to
               give
               notice
               to
               the
               Friends
               or
               next
               of
               Kin
               to
               the
               deceased
               ,
               and
               to
               satisfie
               for
               the
               salvage
               thereof
               ,
               not
               out
               of
               his
               own
               purse
               ,
               but
               of
               the
               Goods
               saved
               ,
               according
               to
               the
               hazard
               and
               pains
               taken
               therein
               ;
               and
               the
               remainder
               to
               reserve
               in
               safe
               custody
               for
               one
               year
               or
               more
               ;
               And
               if
               in
               that
               time
               they
               to
               whom
               the
               said
               Goods
               did
               appertain
               ,
               do
               not
               appear
               and
               claim
               the
               same
               ,
               and
               the
               said
               year
               or
               more
               be
               fully
               expired
               ,
               he
               may
               publickly
               sell
               and
               dispose
               thereof
               to
               such
               as
               will
               give
               most
               ,
               and
               with
               the
               monies
               proceeding
               of
               the
               sale
               thereof
               ,
               he
               is
               to
               procure
               prayers
               to
               be
               made
               for
               the
               *
               
                 Remission
                 of
                 the
                 sins
                 of
                 the
                 deceased
                 ,
              
               or
               to
               
               provide
               Marriages
               for
               poor
               Maids
               ,
               and
               to
               do
               therewith
               such
               other
               works
               of
               piety
               and
               charity
               as
               is
               consonant
               to
               Reason
               and
               a
               good
               Conscience
               .
               But
               if
               he
               assume
               the
               said
               goods
               either
               in
               whole
               or
               in
               part
               unto
               himself
               ,
               he
               shall
               incur
               the
               Curse
               or
               Malediction
               of
               our
               Mother
               the
               holy
               Church
               ,
               with
               the
               foresaid
               pains
               and
               penalties
               ,
               without
               ever
               obtaining
               Remission
               ,
               unless
               he
               make
               satisfaction
               .
            
          
           
             
               XXVIII
               .
            
             
               If
               a
               Ship
               or
               other
               Vessel
               happen
               to
               be
               lost
               by
               striking
               on
               some
               Rock
               ,
               or
               elsewhere
               nigh
               the
               shore
               ,
               and
               the
               Mainers
               thinking
               to
               escape
               and
               save
               their
               lives
               ,
               attempt
               to
               come
               nigh
               the
               shore
               or
               brink
               of
               the
               Sea
               in
               hope
               of
               help
               ,
               but
               in
               stead
               thereof
               it
               sometimes
               happens
               
               that
               in
               many
               places
               they
               meet
               with
               people
               more
               barbarous
               ,
               cruel
               ,
               and
               inhumane
               ,
               then
               mad
               Dogs
               ,
               or
               ●nraged
               Wolves
               ,
               who
               to
               gain
               their
               monies
               ,
               apparel
               ,
               and
               other
               goods
               ,
               do
               sometimes
               murder
               and
               destroy
               these
               poor
               distressed
               Mariners
               ;
               In
               this
               Case
               ,
               the
               Lord
               of
               that
               Country
               ought
               to
               execute
               Justice
               on
               such
               Wretches
               ,
               to
               punish
               them
               
               as
               well
               corporally
               as
               pecuniarily
               ,
               and
               in
               their
               goods
               ,
               and
               they
               are
               to
               be
               plunged
               into
               the
               Sea
               until
               they
               be
               half
               dead
               ,
               then
               to
               be
               drawn
               forth
               out
               of
               the
               Sea
               ,
               and
               stoned
               or
               knock'd
               down
               as
               you
               would
               do
               even
               to
               a
               Dog
               or
               a
               Wolf.
               
            
          
           
             
             
               XXIX
               .
            
             
               If
               a
               Ship
               or
               other
               Vessel
               arriving
               at
               any
               place
               ,
               and
               making
               in
               towards
               a
               Port
               or
               Harbour
               ,
               set
               out
               her
               Flag
               ,
               or
               give
               other
               sign
               to
               have
               a
               Pilot
               come
               a
               board
               ,
               or
               a
               Boat
               to
               towe
               her
               into
               the
               Harbour
               ,
               the
               Wind
               or
               Tide
               being
               contrary
               ,
               and
               Contract
               be
               made
               for
               Piloting
               the
               said
               Vessel
               into
               the
               said
               Harbour
               accordingly
               ;
               But
               (
               by
               reason
               of
               an
               unreasonable
               ,
               yea
               ,
               accursed
               and
               damnable
               custome
               in
               some
               places
               ,
               That
               the
               third
               or
               fourth
               part
               of
               the
               Ships
               that
               perish
               and
               are
               lost
               ,
               shall
               accrue
               to
               the
               Lord
               of
               the
               place
               where
               such
               sad
               Casualties
               happen
               ;
               as
               also
               the
               like
               proportion
               to
               the
               Salvers
               ,
               and
               only
               the
               remainder
               to
               the
               Master
               ,
               Merchant
               ,
               and
               Mariners
               )
               the
               Persons
               contracting
               for
               the
               Pilotage
               of
               the
               said
               Vessel
               ,
               to
               ingratiate
               themselves
               with
               their
               Landlords
               ,
               and
               to
               gain
               to
               themselves
               part
               of
               the
               said
               Ship
               and
               her
               Lading
               ,
               do
               like
               faithless
               Villains
               and
               treacherous
               persons
               sometimes
               even
               wittingly
               ,
               willingly
               ,
               and
               out
               of
               design
               to
               ruine
               Ship
               and
               Goods
               ,
               guide
               and
               bring
               her
               upon
               the
               Rocks
               ;
               And
               then
               feigning
               to
               aid
               ,
               help
               ,
               and
               assist
               the
               now
               distressed
               Mariners
               ,
               themselves
               are
               the
               first
               in
               dismembring
               and
               pulling
               the
               Ship
               to
               pieces
               ;
               Then
               purloyning
               
               and
               carrying
               away
               the
               Lading
               thereof
               contrary
               to
               all
               Reason
               and
               a
               good
               Conscience
               ;
               And
               that
               they
               may
               be
               the
               more
               welcome
               to
               
               their
               Landlord
               ,
               do
               with
               all
               speed
               post
               to
               his
               house
               with
               the
               sad
               Narrative
               of
               this
               unhappy
               disaster
               ;
               whereupon
               the
               said
               Landlord
               with
               his
               Retinue
               appearing
               at
               the
               place
               takes
               his
               share
               ,
               the
               Salvers
               theirs
               ;
               and
               what
               remains
               the
               Merchants
               and
               Mariners
               may
               have
               .
               But
               seeing
               this
               is
               contrary
               to
               the
               Law
               of
               God
               ,
               the
               Edict
               and
               Judgement
               is
               ,
               That
               (
               notwithstanding
               any
               Law
               or
               Custome
               to
               the
               contrary
               )
               the
               said
               Lord
               of
               that
               
               place
               ,
               Salvers
               ,
               and
               all
               others
               ●hat
               take
               away
               or
               embezil
               any
               of
               the
               said
               Goods
               ,
               shall
               be
               Accursed
               ,
               Excommunicated
               ,
               and
               punished
               as
               Robbers
               and
               Thieves
               ,
               as
               fotmerly
               hath
               been
               declared
               .
            
          
           
             
               XXX
               .
            
             
               Touching
               such
               false
               and
               treacherous
               Pilots
               ,
               the
               Judgement
               is
               ,
               That
               they
               ought
               to
               suffer
               a
               most
               rigorous
               and
               unmerciful
               death
               ;
               For
               there
               ought
               to
               be
               very
               high
               Gibbets
               erected
               for
               them
               in
               the
               very
               same
               place
               ,
               or
               as
               nigh
               as
               conveniently
               may
               be
               ,
               where
               they
               so
               guided
               and
               brought
               the
               said
               Ship
               or
               Vessel
               to
               ruine
               as
               aforesaid
               ,
               and
               thereon
               these
               accur-Pilots
               are
               with
               ignominy
               and
               most
               shamefully
               
               to
               end
               their
               days
               ;
               Which
               said
               Gibbets
               are
               to
               be
               made
               substantially
               strong
               ,
               to
               the
               intent
               that
               they
               may
               abide
               and
               remain
               to
               succeeding
               ages
               on
               that
               place
               ,
               as
               a
               visible
               Caution
               to
               other
               Ships
               that
               shall
               afterwards
               sail
               thereby
               .
            
          
           
             
             
               XXXI
               .
            
             
               If
               the
               said
               Lord
               of
               that
               place
               were
               so
               feloniously
               inclined
               ,
               and
               so
               barbarous
               withal
               ,
               as
               not
               only
               to
               permit
               such
               inhumane
               people
               ,
               but
               also
               to
               maintain
               and
               abet
               them
               in
               such
               villanies
               ,
               that
               he
               may
               participate
               of
               the
               spoil
               ,
               and
               have
               a
               share
               in
               such
               Wrecks
               ;
               In
               such
               case
               the
               said
               Lord
               of
               that
               place
               ought
               to
               be
               apprehended
               ,
               all
               his
               goods
               confiscate
               ,
               and
               sold
               to
               be
               converted
               into
               pious
               uses
               ,
               and
               
               for
               restitution
               and
               satisfaction
               to
               such
               as
               of
               right
               it
               appertaineth
               ;
               And
               himself
               to
               be
               fastned
               to
               a
               poste
               or
               stake
               in
               the
               midst
               of
               his
               own
               Mansion
               house
               ,
               which
               being
               fired
               on
               the
               four
               Corners
               or
               quarters
               thereof
               ,
               all
               are
               to
               be
               burnt
               together
               ;
               which
               done
               ,
               the
               walls
               thereof
               are
               to
               be
               demolish'd
               ,
               the
               stones
               thereof
               pull'd
               down
               ,
               turn'd
               to
               rubbish
               ,
               and
               then
               to
               be
               converted
               to
               a
               Market
               place
               ,
               for
               the
               sale
               only
               of
               Hogs
               and
               Swine
               to
               all
               posterity
               .
            
          
           
             
               XXXII
               .
            
             
               If
               by
               reason
               of
               tempestuous
               weather
               it
               be
               thought
               expedient
               ,
               for
               the
               lightning
               of
               any
               Ship
               or
               Vessel
               at
               Sea
               ,
               or
               riding
               at
               Anchor
               in
               any
               Road
               ,
               to
               cast
               part
               of
               the
               Lading
               over
               board
               ,
               and
               it
               be
               so
               done
               accordingly
               for
               the
               preservation
               of
               themselves
               ;
               know
               ,
               
               taht
               the
               said
               goods
               so
               ejected
               and
               cast
               over
               board
               do
               become
               his
               that
               can
               first
               possess
               himself
               thereof
               ,
               and
               carry
               them
               away
               ;
               Nevertheless
               ,
               it
               is
               here
               to
               be
               farther
               known
               and
               understood
               ,
               that
               this
               holds
               true
               only
               in
               such
               
               case
               ,
               as
               when
               the
               Master
               ,
               Merchant
               ,
               and
               Mariners
               have
               so
               ejected
               or
               cast
               out
               the
               said
               goods
               ,
               as
               that
               withall
               they
               quit
               all
               hope
               or
               desire
               of
               ever
               recovering
               them
               again
               ,
               and
               so
               leave
               them
               as
               Derelict
               ,
               or
               as
               things
               utterly
               
               lost
               and
               forsaken
               ,
               without
               ever
               making
               any
               inquiry
               or
               pursuit
               after
               them
               ;
               In
               which
               Case
               only
               ,
               the
               first
               Occupant
               becomes
               the
               lawful
               Proprietor
               thereof
               .
               
            
          
           
             
               XXXIII
               .
            
             
               If
               a
               Ship
               or
               other
               Vessel
               hath
               cast
               over
               board
               several
               Goods
               or
               Merchandize
               ,
               which
               are
               in
               Chests
               well
               lock'd
               and
               made
               fast
               ;
               or
               Books
               so
               well
               secured
               ,
               and
               so
               well
               conditioned
               ,
               that
               they
               may
               not
               be
               damnified
               by
               Salt-water
               ;
               In
               such
               cases
               it
               is
               to
               be
               presumed
               ,
               that
               they
               who
               did
               cast
               such
               Goods
               over
               
               board
               ,
               do
               still
               retain
               an
               intention
               ,
               hope
               ,
               and
               desire
               of
               recovering
               the
               same
               ;
               For
               which
               reason
               such
               as
               shall
               happen
               to
               find
               such
               things
               ,
               are
               obliged
               to
               make
               Restitution
               thereof
               to
               him
               who
               shall
               make
               a
               due
               inquiry
               or
               pursuit
               after
               them
               ;
               or
               at
               least
               to
               imploy
               them
               in
               charitable
               uses
               according
               to
               a
               good
               Conscience
               .
            
          
           
             
             
               XXXIV
               .
            
             
               If
               any
               man
               happen
               to
               find
               any
               thing
               in
               the
               Sea
               ,
               or
               Sea-sand
               ,
               or
               on
               the
               Shore
               ,
               (
               be
               
               it
               precious
               stones
               ,
               Fishes
               ,
               or
               the
               like
               ,
               which
               never
               belonged
               to
               any
               man
               in
               point
               of
               property
               )
               it
               becomes
               his
               own
               ;
               for
               such
               things
               belong
               to
               the
               first
               finder
               ,
               who
               carries
               it
               away
               .
            
          
           
             
               XXXV
               .
            
             
               Touching
               Great
               Fishes
               that
               are
               taken
               or
               
               found
               dead
               on
               the
               Sea-shore
               ,
               regard
               must
               be
               had
               to
               the
               Custome
               of
               that
               Country
               where
               such
               Great
               Fishes
               are
               taken
               or
               found
               ;
               For
               by
               the
               Custome
               the
               Soveraign
               Prince
               of
               that
               Country
               ought
               to
               have
               his
               share
               ,
               his
               demand
               or
               pleasure
               therein
               .
               And
               good
               reason
               ,
               for
               the
               Subject
               owes
               Obedience
               and
               Tribute
               to
               his
               Soveraign
               .
            
          
           
             
               XXXVI
               .
            
             
               In
               some
               Cases
               also
               the
               Lord
               of
               the
               place
               where
               some
               Fishes
               are
               found
               may
               have
               his
               share
               ,
               respect
               being
               always
               had
               to
               the
               laudable
               
               Custome
               of
               the
               Country
               where
               such
               Fishes
               are
               found
               ;
               And
               he
               that
               there
               finds
               them
               is
               no
               farther
               obliged
               then
               to
               save
               them
               
               by
               bringing
               them
               without
               the
               reach
               of
               the
               Sea
               ,
               and
               then
               forthwith
               to
               make
               it
               known
               to
               the
               said
               Lord
               of
               the
               place
               ,
               that
               so
               such
               care
               may
               be
               taken
               therein
               as
               appertaineth
               to
               Justice
               .
            
          
           
             
               XXXVII
               .
            
             
               If
               the
               Lord
               of
               the
               place
               please
               ,
               and
               it
               be
               the
               Custome
               of
               that
               Country
               where
               the
               said
               Fish
               was
               found
               ,
               he
               may
               cause
               the
               same
               to
               be
               brought
               to
               him
               that
               found
               it
               ,
               or
               to
               the
               publick
               and
               open
               Market-place
               ,
               but
               to
               no
               other
               place
               ;
               And
               there
               the
               said
               Fish
               ought
               
               to
               be
               Inventaried
               and
               Appraised
               by
               the
               said
               Lord
               according
               to
               the
               custome
               .
               And
               the
               price
               being
               set
               ,
               the
               other
               party
               that
               made
               not
               the
               price
               ,
               shall
               have
               his
               choice
               or
               election
               either
               to
               take
               or
               leave
               at
               that
               price
               ;
               And
               if
               either
               of
               them
               whether
               
                 per
                 fas
              
               ,
               or
               nefas
               be
               an
               occasion
               of
               loss
               or
               damage
               to
               the
               other
               ,
               though
               but
               to
               the
               value
               of
               a
               Deniere
               ,
               he
               is
               obliged
               to
               make
               him
               Restitution
               .
            
          
           
             
               XXXVIII
               .
            
             
               If
               the
               Costs
               and
               Charges
               of
               carrying
               the
               said
               Fish
               to
               the
               said
               Market-place
               ,
               may
               probably
               
               amount
               to
               a
               greater
               summe
               then
               the
               Fish
               it self
               may
               be
               worth
               ,
               then
               the
               said
               Lord
               is
               bound
               to
               take
               his
               share
               at
               the
               place
               where
               such
               Fish
               was
               found
               .
            
          
           
             
             
               XXXIX
               .
            
             
               Also
               the
               said
               Lord
               ought
               to
               submit
               to
               the
               foresaid
               Costs
               and
               Charges
               ,
               for
               that
               he
               ought
               
               not
               by
               anothers
               damage
               to
               inrich
               himself
               ;
               otherwise
               he
               sins
               .
            
          
           
             
               XL.
               
            
             
               If
               by
               some
               chance
               or
               misfortune
               the
               said
               Fish
               happen
               to
               be
               lost
               ,
               or
               otherwise
               stoln
               away
               from
               the
               place
               where
               it
               was
               first
               found
               ,
               and
               this
               about
               the
               time
               of
               the
               said
               Lords
               going
               
               to
               see
               it
               ,
               or
               before
               ;
               in
               this
               Case
               he
               that
               first
               found
               it
               is
               not
               any
               way
               obliged
               to
               make
               it
               good
               .
            
          
           
             
               XLI
               .
            
             
               In
               all
               other
               things
               found
               by
               the
               Sea-side
               ,
               which
               have
               formerly
               been
               in
               the
               possession
               of
               some
               or
               other
               ,
               as
               Wines
               ,
               Oyls
               ,
               and
               other
               Merchandize
               ,
               although
               they
               have
               been
               cast
               over
               board
               ,
               and
               left
               by
               the
               Merchants
               ,
               and
               so
               ought
               to
               appertain
               to
               him
               that
               first
               finds
               
               the
               same
               ;
               yet
               herein
               also
               the
               Custome
               of
               the
               Country
               is
               to
               be
               observed
               as
               formerly
               in
               the
               Case
               of
               Fish
               .
               But
               in
               case
               there
               be
               a
               
               presumption
               that
               these
               were
               the
               Goods
               of
               
               some
               Ship
               that
               perished
               ,
               then
               neither
               the
               said
               Lord
               ,
               nor
               Finder
               thereof
               ,
               ought
               to
               take
               any
               thing
               thereof
               so
               as
               to
               convert
               it
               to
               their
               own
               use
               ;
               but
               they
               ought
               to
               doe
               th●rewith
               as
               before
               hath
               been
               said
               ,
               that
               is
               ,
               to
               cause
               therewith
               that
               Prayers
               be
               made
               for
               the
               deceased
               ,
               as
               also
               other
               special
               good
               works
               ;
               Or
               
               otherwise
               they
               shall
               incur
               the
               forementioned
               Maledictions
               .
            
          
           
             
               XLII
               .
            
             
               If
               any
               Ship
               or
               other
               Vessel
               at
               Sea
               happen
               
               to
               find
               a
               Fish
               ,
               it
               is
               wholly
               theirs
               that
               found
               it
               ,
               in
               case
               no
               due
               pursuit
               be
               made
               after
               it
               ;
               And
               no
               Lord
               of
               any
               place
               ought
               either
               to
               challenge
               it
               or
               demand
               any
               part
               thereof
               ,
               although
               they
               bring
               it
               to
               his
               ground
               .
            
          
           
             
               XLIII
               .
            
             
               If
               any
               seek
               for
               Gold
               or
               Silver
               on
               the
               Sea-shore
               ,
               
               and
               findeth
               some
               ;
               he
               ought
               to
               restore
               it
               all
               ,
               without
               any
               diminution
               thereof
               .
            
          
           
             
             
               XLIV
               .
            
             
               If
               any
               going
               along
               the
               Sea-shore
               to
               fish
               ,
               or
               otherwise
               ,
               happen
               to
               find
               Gold
               ,
               or
               Silver
               ,
               
               or
               the
               like
               ,
               he
               is
               bound
               to
               make
               restitution
               thereof
               ,
               deducting
               for
               his
               own
               pains
               ;
               Otherwise
               if
               he
               be
               poor
               ,
               he
               may
               retain
               it
               to
               himself
               ,
               that
               is
               ,
               if
               he
               know
               not
               to
               whom
               to
               restore
               it
               ;
               yet
               he
               ought
               to
               give
               notice
               of
               such
               his
               sinding
               the
               same
               ,
               to
               the
               neighbourhood
               and
               parts
               next
               adjacent
               to
               the
               place
               where
               he
               found
               it
               .
               Moreover
               he
               ought
               to
               
               advise
               with
               his
               Prelate
               ,
               Curate
               ,
               or
               Confessor
               ,
               who
               ought
               to
               weigh
               and
               take
               into
               Consideration
               the
               indigency
               and
               poverty
               of
               the
               Finder
               ,
               and
               the
               quantity
               of
               the
               Silver
               ,
               and
               then
               to
               give
               him
               such
               advice
               as
               is
               consonant
               to
               a
               good
               Conscience
               .
            
          
           
             
               XLV
               .
            
             
               If
               a
               Vessel
               by
               stress
               of
               weather
               be
               constrained
               to
               cut
               her
               Towes
               and
               Cables
               by
               the
               end
               ,
               and
               so
               to
               quit
               and
               leave
               behind
               her
               both
               Cables
               and
               Anchors
               ,
               and
               make
               to
               Sea
               as
               please
               the
               wind
               and
               weather
               ;
               in
               this
               Case
               the
               said
               Cables
               and
               Anchors
               ought
               not
               to
               be
               
               as
               lost
               to
               the
               said
               Vessel
               ,
               if
               there
               were
               any
               Boy
               at
               them
               ;
               And
               such
               as
               fish
               for
               them
               are
               bound
               to
               restore
               them
               ,
               if
               they
               know
               to
               whom
               :
               but
               withal
               they
               ought
               to
               be
               paid
               
               for
               their
               pains
               ,
               according
               as
               Justice
               shall
               determine
               .
               But
               because
               sometimes
               they
               
               know
               not
               to
               whom
               to
               restore
               them
               ,
               the
               Lords
               of
               the
               place
               have
               their
               shares
               ,
               and
               the
               Finders
               theirs
               ,
               and
               they
               neither
               cause
               
                 Pater
                 Noster
              
               to
               be
               said
               ,
               nor
               
                 Avie
                 Maria
              
               ,
               as
               they
               ought
               .
               And
               therefore
               it
               hath
               been
               ordained
               ,
               That
               every
               Master
               of
               a
               Ship
               cause
               to
               be
               ingraven
               ,
               or
               set
               upon
               the
               Boyes
               thereof
               ,
               his
               own
               name
               ,
               or
               the
               name
               of
               his
               Ship
               ,
               or
               of
               the
               Port
               or
               Haven
               whereof
               she
               is
               ;
               which
               will
               prevent
               great
               inconveniencies
               ;
               for
               it
               sometimes
               happens
               ,
               that
               he
               that
               left
               
               his
               Anchor
               in
               the
               morning
               ,
               hath
               recovered
               it
               again
               by
               night
               ;
               And
               such
               as
               detain
               it
               from
               him
               ,
               are
               no
               better
               then
               Thieves
               and
               Pirates
               .
            
          
           
             
               XLVI
               .
            
             
               If
               any
               Ship
               ,
               or
               other
               Vessel
               by
               any
               Casualty
               or
               misfortune
               happen
               to
               be
               wreck'd
               and
               perish
               ;
               in
               that
               case
               the
               pieces
               of
               the
               bulk
               of
               the
               Vessel
               as
               well
               as
               the
               Lading
               thereof
               
               ought
               to
               be
               reserved
               and
               kept
               in
               safety
               for
               them
               to
               whom
               it
               belonged
               ,
               before
               such
               disaster
               happened
               ,
               notwithstanding
               any
               Custome
               to
               the
               contrary
               .
               And
               all
               takers
               ,
               partakers
               ,
               abettors
               ,
               consenters
               ,
               or
               contrivers
               in
               the
               said
               wreck
               ,
               if
               they
               be
               Bishops
               ,
               Prelates
               ,
               or
               Clerks
               ,
               they
               ought
               to
               be
               deposed
               and
               deprived
               of
               their
               Benefices
               respectively
               ;
               And
               if
               they
               be
               Lay-men
               ,
               they
               are
               to
               incur
               the
               penalties
               aforesaid
               .
            
          
           
             
             
               XLVII
               .
            
             
               Which
               is
               to
               be
               so
               understood
               ,
               when
               the
               said
               Ship
               or
               Vessel
               so
               wreck'd
               did
               not
               exercise
               
               the
               Thievish
               mystery
               of
               Robbing
               and
               Free
               booting
               ,
               and
               when
               the
               Mariners
               thereof
               are
               not
               Pirates
               ,
               Sea-Rovers
               ,
               or
               Enemies
               to
               our
               holy
               Catholick
               Faith.
               But
               in
               case
               they
               be
               Pirates
               ,
               Robbers
               ,
               Sea-Rovers
               ,
               Turks
               ,
               or
               other
               Enemies
               to
               our
               said
               Catholick
               Faith
               ,
               
               every
               man
               may
               then
               deal
               with
               such
               as
               with
               meer
               Brutes
               ,
               and
               despoil
               them
               of
               their
               goods
               without
               any
               punishment
               for
               so
               doing
               .
            
          
        
      
    
     
       
         
         
           A
           SERIES
           or
           Catalogue
           (
           according
           to
           Sir
           Spelman's
           Computation
           )
           of
           such
           as
           have
           been
           Dignified
           with
           the
           Office
           of
           
             Lord
             High
             Admiral
          
           in
           this
           Kingdome
           ,
           since
           King
           John's
           time
           to
           to
           the
           Reign
           of
           King
           Charles
           the
           First
           of
           Blessed
           Memory
           .
        
         
           Wherein
           No
           mention
           is
           made
           of
           Marthusius
           ,
           that
           
             Princeps
             Nautarum
          
           ,
           in
           K.
           Edgars
           time
           ;
           Nor
           of
           those
           other
           Tetrarchs
           of
           his
           Navy
           ,
           who
           for
           the
           guard
           of
           the
           ●rittish
           Seas
           had
           no
           less
           then
           a
           thousand
           Sail
           of
           Ships
           under
           their
           Command
           ;
           Nor
           of
           those
           other
           Commanders
           in
           Chief
           touching
           the
           Sea-Affairs
           ,
           who
           have
           been
           ,
           beside
           the
           common
           and
           usual
           mode
           ,
           Constituted
           by
           his
           Successors
           ,
           Kings
           of
           England
           ;
           But
           of
           such
           only
           ,
           as
           in
           the
           Ordinary
           way
           have
           been
           Dignified
           with
           the
           said
           Office
           and
           Marine
           Authority
           in
           this
           Kingdome
           ,
           viz.
           
        
         
           
             8
             H.
             3.
             
             
               RIchard
               de
               Lucy
            
             is
             said
             to
             have
             
               Maritimam
               Angliae
            
             .
          
           
             
             48
             H.
             3.
             
             
               Thomas
               de
               Moleton
            
             was
             Constituted
             
               Capitaneus
               &
               Custos
               maris
               &
               Portuum
               Maritimorum
               .
            
          
           
             25
             Ed.
             1.
             
             
               William
               de
               Leiburne
            
             is
             styled
             at
             the
             Assembly
             at
             Bruges
             ,
             8
             Martii
             ,
             15
             Ed.
             1.
             1286.
             
             
               Admirallus
               maris
               Angliae
            
             .
          
           
             22
             Ed.
             1.
             
             
               
                 
                   John
                   de
                   Botetort
                
                 ,
                 Admiral
                 of
                 the
                 North
                 ,
                 for
                 the
                 Coast
                 of
                 Yarmouth
                 ,
                 and
                 that
                 station
                 .
              
               
                 
                   William
                   de
                   Leibourn
                
                 ,
                 Admiral
                 of
                 the
                 South
                 ,
                 for
                 Por●●●outh
                 ,
                 and
                 that
                 station
                 .
              
               
                 A
                 certain
                 Irish
                 Knight
                 ,
                 Admiral
                 of
                 the
                 West
                 ,
                 and
                 the
                 parts
                 thereof
                 .
              
            
          
        
         
           
             
               
                 
                   Admirals
                   of
                   the
                
                 North
                 ,
                 viz.
                 
              
               
                 
                   Admirals
                   of
                   the
                
                 West
                 ,
                 viz.
                 
              
               
                  
              
            
             
               
                 
                   From
                   the
                   mouth
                   of
                   the
                   River
                   of
                
                 Thames
                 North-ward
                 .
              
               
                 
                   From
                   the
                   mouth
                   of
                   the
                   River
                   of
                
                 Thames
                 West-ward
                 .
              
               
                  
              
            
             
               
                 
                   34
                   Ed.
                   1.
                
                 
                 Edward
                 Charles
                 .
              
               
                 Gervase
                 Allard
                 .
              
               
                  
              
            
             
               
                 
                   8
                   Ed.
                   2.
                
                 
                 John
                 Botetort
                 .
              
               
                 William
                 Cranis
                 .
              
               
                  
              
            
             
               
                  
              
               
                 
                   10
                   Ed.
                   2.
                
                 
                 Nichalds
                 Cryoll
                 .
              
               
                  
              
            
             
               
                 
                   10
                   Ed.
                   2.
                
                 
                 John
                 Perbrun
                 ,
                 aliàs
                 Perburn
                 .
              
               
                 Robert
                 Leiburn
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                  
              
               
                 
                   12
                   Ed.
                   2.
                
                 
                 John
                 Athey
                 .
              
               
                  
              
            
             
               
                 
                 
                   15
                   Ed.
                   2.
                
                 
                 John
                 Perburn
                 .
              
               
                 Robert
                 de
                 Leiburn
                 ,
                 
                   Knight
                   ,
                   Admiral
                   of
                   the
                   Western
                   Ports
                   of
                
                 England
                 ,
                 Wales
                 ,
                 and
                 Ireland
                 .
              
               
                  
              
            
             
               
                 
                   16
                   Ed.
                   2.
                
                 
                 John
                 Perburn
                 .
              
               
                 Robert
                 Battail
                 ,
                 aliàs
                 Batall
                 ,
                 
                   one
                   of
                   the
                   Barons
                   of
                   the
                   Cinque-Ports
                   .
                
              
               
                  
              
            
             
               
                 
                   18
                   Ed.
                   2.
                
                 
                 John
                 Sturmy
                 .
              
               
                 Robert
                 Bendon
                 .
              
               
                  
              
            
             
               
                 
                   19
                   Ed.
                   2.
                
                 
                 John
                 Otervin
                 .
              
               
                 Nicholas
                 Keriel
                 .
              
               
                 Walsingh
                 .
                 
                   calls
                   these
                   the
                   three
                   Admirals
                   of
                   the
                   three
                   Coasts
                   of
                
                 England
                 ,
                 viz.
                 of
                 Yarmouth
                 ,
                 Portsmouth
                 ,
                 
                   and
                   the
                
                 West
                 .
                 
                   And
                   here
                   note
                   ,
                   That
                   the
                
                 South
                 
                   Coast
                   is
                   comprehended
                   in
                   the
                
                 West
                 .
              
               
                  
              
            
             
               
                 John
                 de
                 Felton
                 .
              
               
                  
              
            
             
               
                 
                   19
                   Ed.
                   2.
                
                 
                 John
                 de
                 Stormy
                 .
              
               
                 Nicholas
                 Criell
                 .
              
               
                  
              
            
             
               
                 
                   20
                   Ed.
                   2.
                
                 
                 John
                 Sturmy
                 .
              
               
                 Nicholas
                 Criell
                 .
              
               
                  
              
            
             
               
                 
                   20
                   Ed.
                   2.
                
                 
                 John
                 Layborne
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                   1
                   Ed.
                   3.
                
                 
                 John
                 Perbrun
                 .
              
               
                 Wares
                 .
                 de
                 Valoniis
                 .
              
               
                  
              
            
             
               
                 
                   7
                   Ed.
                   3.
                
                 
                 William
                 de
                 Clinton
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                   8
                   Ed.
                   3.
                
                 
                 John
                 de
                 Norwico
                 .
              
               
                 Roger
                 de
                 Hegham
                 ,
                 aliàs
                 Higham
                 .
              
               
                  
              
            
             
               
                 
                   10
                   Ed.
                   3.
                
                 
                 Thomas
                 Ughtred
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                 
                   10
                   Ed.
                   3.
                
                 
                 John
                 de
                 Norwico
                 .
              
               
                 Walter
                 de
                 Say
                 ,
                 Baronet
                 .
              
               
                  
              
            
             
               
                 10
                 Ed.
                 3.
                 
              
               
                 Robert
                 Ufford
                 ,
                 &
              
               
                 William
                 de
                 Manton
                 .
              
               
                  
              
            
             
               
                 John
                 de
                 Roos
                 .
                 Admiralli
                 Flotae
                 .
              
               
                  
              
            
             
               
                 
                   11
                   Ed.
                   3.
                
                 
                 Walter
                 de
                 Manney
                 .
              
               
                 Barthol
                 .
                 de
                 Burghershe
                 ,
                 
                   K
                   t.
                   
                
              
               
                  
              
            
             
               
                 
                   12
                   Ed.
                   3.
                
                 
                 Thomas
                 de
                 Draiton
                 .
                 This
                 Thomas
                 
                   elsewhere
                   appears
                   not
                   as
                
                 Admiral
                 ,
                 
                   but
                   only
                   as
                
                 Vice-Admiral
                 to
                 Walter
                 de
                 Manney
                 :
                 
                   So
                   possibly
                   in
                   some
                   others
                   there
                   may
                   be
                   some
                   Errors
                   also
                   .
                
              
               
                 Peter
                 Dardus
                 ,
                 aliàs
                 Bard.
                 
              
               
                  
              
            
             
               
                 
                   13
                   Ed.
                   3.
                
                 
                 Ro●ert
                 Morley
                 ,
                 Robert
                 Trussell
                 .
                 Bar.
                 de
                 Hengham
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                   14
                   Ed.
                   3.
                
                 
                 Richaard
                 ,
                 Fil.
                 Alani
                 ,
                 Com.
                 Arundeliae
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                   15
                   Ed.
                   3.
                
                 
                 Robert
                 de
                 Morley
                 .
              
               
                 William
                 Clinton
                 ,
                 Com.
                 Huntingd
                 .
              
               
                  
              
            
             
               
                 
                   16
                   Ed.
                   3.
                
                 
                 William
                 Trussel
                 .
              
               
                 Robert
                 Beaupell
                 .
              
               
                  
              
            
             
               
                 
                   17
                   Ed.
                   3.
                
                 
                 William
                 Trussell
                 .
              
               
                 John
                 de
                 Monte
                 Gomerico
                 .
              
               
                  
              
            
             
               
                 
                   18
                   Ed.
                   3.
                
                 
                 Robert
                 Uffer
                 .
                 Com.
                 Suffolk
                 .
              
               
                 Reignald
                 de
                 Cobham
                 .
              
               
                  
              
            
             
               
                 
                   19
                   Ed.
                   3.
                
                 
                 Richard
                 ,
                 Fil.
                 Alani
                 ,
                 Com.
                 Arundeliae
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                 
                   20
                   Ed.
                   3.
                
                 
                 Robert
                 de
                 Ufford
                 ,
                 Comes
                 Suff.
                 
              
               
                 Richard
                 ,
                 Fil.
                 Alani
                 ,
                 Com.
                 Arundeliae
                 .
              
               
                  
              
            
             
               
                 
                   21
                   Ed.
                   3.
                
                 
                 John
                 de
                 Howard
                 ,
                 Knight
                 .
              
               
                 John
                 de
                 Monte
                 Gomerico
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   22
                   Ed.
                   3.
                
                 
                 Walter
                 de
                 Manny
                 ,
                 Bar.
                 S.
                 Salvato
                 .
              
               
                 Reignald
                 de
                 Cobham
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   24
                   Ed.
                   3.
                
                 
                 Robert
                 de
                 Causton
                 .
              
               
                 John
                 de
                 Bello
                 Campo
                 ,
                 
                   Knight
                   of
                   the
                   Noble
                   Order
                   of
                   the
                   Garter
                   .
                
              
               
                  
              
            
             
               
                 
                   25
                   Ed.
                   3.
                
                 
                 Robert
                 de
                 Morley
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                   25
                   Ed.
                   3.
                
                 
                 William
                 de
                 Bohun
                 .
                 Com.
                 Northampt.
                 
              
               
                 Henry
                 
                   D.
                   of
                
                 Lancaster
                 .
              
               
                  
              
            
             
               
                 
                   26
                   Ed.
                   3.
                
                 
                 William
                 de
                 Bohun
                 .
                 Com.
                 Northampt.
                 
              
               
                 Tho.
                 de
                 Bello
                 Campo
                 ,
                 Senior
                 ,
                 Com.
                 Warwicen
                 .
              
               
                  
              
            
             
               
                 
                   29
                   Ed.
                   3.
                
                 
                 Rob.
                 de
                 Morley
                 ,
                 Bar.
                 de
                 Hengham
                 .
              
               
                 John
                 de
                 Bello
                 Campo
                 ,
                 
                   Brother
                   to
                   the
                   said
                
                 Thomas
                 .
              
               
                  
              
            
             
               
                 
                   30
                   Ed.
                   3.
                
                 
                 Robert
                 de
                 Morley
                 .
                 Guido
                 de
                 Brian
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   31
                   Ed.
                   3.
                
                 
                 Guide
                 de
                 Brian
                 .
              
               
                  
              
               
                  
              
            
             
               
                 
                   33
                   ,
                   34
                   Ed.
                   3.
                
                 
                 Robert
                 de
                 Morley
                 .
              
               
                 Guido
                 de
                 Brian
                 .
              
               
                  
              
            
             
               
                 
                   34
                   Ed.
                   3.
                
                 
                 John
                 de
                 Bello
                 Campo
                 
                   aforesaid
                   ,
                   was
                   Constituted
                   High
                   Admiral
                   as
                   well
                   of
                   the
                
                 North
                 
                   as
                   of
                   the
                
                 West
                 of
                 England
                 ,
                 18
                 Julii
                 ,
                 34
                 Ed.
                 
                   3.
                   
                   At
                   which
                   time
                   he
                   was
                   also
                   Lord
                   Warden
                   of
                   the
                
                 Cinque-Ports
                 ,
                 
                   Constable
                   of
                   the
                   Tower
                   of
                
                 London
                 ,
                 
                   and
                   of
                   the
                   Castle
                   of
                
                 Dover
                 ;
                 
                   And
                   dyed
                
                 Decemb.
                 
                   2.
                   the
                   same
                   year
                   in
                   possession
                   thereof
                   .
                
              
               
                  
              
            
             
               
                 
                 
                   35
                   Ed.
                   3.
                
                 
                 Robert
                 Herle
                 ,
                 Knight
                 .
                 Admirallus
                 omnium
                 Flotarum
                 utriusque
                 partis
                 .
              
               
                  
              
            
             
               
                 
                   38
                   Ed.
                   3.
                
                 
                 Ralph
                 Spigornell
                 .
                 Admirallus
                 utriusque
                 partis
                 .
              
               
                  
              
            
             
               
                 
                   43
                   Ed.
                   3.
                
                 
                 Nicholas
                 Tamworth
                 ,
                 Knight
                 .
              
               
                 Robert
                 Aston
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   44
                   Ed.
                   3.
                
                 
                 John
                 Nevill
                 ,
                 
                   Kt.
                   Bar.
                
                 de
                 Raby
                 .
              
               
                 Guido
                 Brian
                 .
              
               
                  
              
            
             
               
                 
                   45
                   Ed.
                   3.
                
                 
                 Ralph
                 de
                 Ferrariis
                 .
              
               
                 Robert
                 Aston
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   46
                   ,
                   47
                   ,
                   48
                   Ed.
                   3.
                   
                
                 W.
                 de
                 Nevill
                 .
              
               
                 Phillip
                 Courtney
                 .
              
               
                  
              
            
             
               
                 
                   50
                   Ed.
                   3.
                
                 
                 William
                 de
                 Ufford
                 ,
                 William
                 de
                 Monteacuto
                 .
                 Com.
                 Suff.
                 
              
               
                  
              
            
             
               
                 
                   50
                   ,
                   51
                   Ed.
                   3.
                
                 
                 Mich.
                 de
                 la
                 Poole
                 ,
                 Knight
                 ,
                 Dn.
                 de
                 Wingfield
                 .
                 
                   Brother
                   of
                
                 Rob.
                 de
                 Hales
                 ,
                 
                   Prior
                   of
                   the
                   Hospitall
                   of
                   S.
                
                 Jo.
                 of
                 Hierusalem
                 .
              
               
                  
              
            
             
               
                 
                   1
                   R.
                   2.
                
                 
                 Thomas
                 de
                 Bello
                 Campo
                 ,
                 Jun.
                 Com.
                 War.
                 
              
               
                 Richard
                 ,
                 Fil.
                 Alani
                 .
                 Com.
                 Arundel
                 .
              
               
                  
              
            
             
               
                 
                   2
                   R.
                   2.
                
                 
                 Thomas
                 Percy
                 ,
                 Frat.
                 Com.
                 Northumb.
                 
              
               
                 Hugh
                 Calveley
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                 
                   3
                   ,
                   4
                   R.
                   2.
                
                 
                 William
                 de
                 Elmham
                 ,
                 Knight
                 .
              
               
                 Phillip
                 Courtney
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   5
                   R.
                   2.
                
                 
                 William
                 de
                 Elmham
                 .
              
               
                 John
                 Roches
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   6
                   R.
                   2.
                
                 
                 Walter
                 ,
                 Fil.
                 Walt.
                 Knight
                 ,
                 Dn.
                 de
                 Woodham
                 .
              
               
                 John
                 Roches
                 ,
                 aliàs
                 de
                 Rupibus
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   7
                   R.
                   2.
                
                 
                 Henry
                 Percey
                 ,
                 Com.
                 Northumb.
                 
              
               
                 Edward
                 Courtney
                 ,
                 Com.
                 Devon
                 .
              
               
                  
              
            
             
               
                 
                   8
                   R.
                   2.
                
                 
                 Tho.
                 Percey
                 ,
                 Frat.
                 Hen.
                 Com.
                 Northumb.
                 
              
               
                 Jo.
                 Radington
                 ,
                 
                   Prior
                   of
                   Saint
                
                 John
                 of
                 Hierusalem
                 .
              
               
                  
              
            
             
               
                 
                   9
                   R.
                   2.
                
                 
                 Phillip
                 Darcy
                 ,
                 
                   K
                   t.
                   
                
              
               
                 Thomas
                 Trivet
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   10
                   R.
                   2.
                
                 
                 Richard
                 ,
                 Fil.
                 Alani
                 ,
                 Com.
                 Arundel
                 ,
                 Admirallus
                 Angliae
                 .
              
               
                  
              
            
             
               
                 
                   12
                   R.
                   2.
                
                 
                 Jo.
                 de
                 Bello
                 monte
                 ,
                 Bar.
                 de
                 Folkingham
                 .
              
               
                 Jo.
                 Holland
                 ,
                 Com.
                 Huntington
                 .
              
               
                  
              
            
             
               
                 
                   12
                   R.
                   2.
                
                 
                 Jo.
                 de
                 Rupibus
                 ,
                 Kt.
                 
              
               
                  
              
               
                  
              
            
             
               
                 
                   13
                   R.
                   2.
                
                 
                 Jo.
                 de
                 Bello
                 monte
                 ,
                 praedict
                 .
              
               
                 Jo.
                 Holland
                 ,
                 Com.
                 praedict
                 .
              
               
                  
              
            
             
               
                 
                   14
                   R.
                   2.
                
                 
                 Edward
                 Com.
                 Rutland
                 .
              
               
                 Jo.
                 Holland
                 ,
                 Com.
                 praedict
                 .
              
               
                  
              
            
             
               
                 
                   15
                   R.
                   2.
                
                 
                 Edward
                 ,
                 Com.
                 Rutland
                 ,
                 &
                 Cor●●giae
                 ,
                 
                   afterwards
                   D.
                   of
                
                 Albemarle
                 .
                 
                   Constituted
                   high
                   Admiral
                   as
                   well
                   of
                
                 North
                 as
                 Western
                 parts
                 .
              
               
                  
              
            
             
               
                 
                 
                   21
                   R.
                   2.
                
                 
                 John
                 Beaufort
                 ,
                 Marq.
                 Dorset
                 ,
                 &
                 Com.
                 Somerset
                 .
                 Fil.
                 Jo.
                 de
                 Gandavo
                 ,
                 
                   D.
                   of
                
                 Lancaster
                 ,
                 
                   Admiral
                   〈◊〉
                
                 North
                 and
                 West
                 .
              
               
                  
              
            
             
               
                 
                   ●●
                   R.
                   2.
                
                 
                 Thomas
                 Percey
                 ,
                 Com.
                 Winchester
                 ,
                 Frat.
                 Hen.
                 Com.
                 Northumb.
                 
                   he
                   was
                   then
                   Constituted
                   Admiral
                   of
                   both
                   parts
                   .
                
              
               
                  
              
            
             
               
                 
                   2
                   H.
                   4.
                
                 
                 Rich.
                 Gray
                 ,
                 Bar.
                 de
                 Codenore
                 .
              
               
                 Thomas
                 Reniston
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   5
                   H.
                   4.
                
                 
                 Tho.
                 Beaufort
                 ,
                 Frat.
                 praed
                 .
                 Marq.
                 Dors
                 .
              
               
                 Tho.
                 Dom.
                 Berkley
                 ,
                 Knight
                 .
              
               
                  
              
            
             
               
                 
                   7
                   H.
                   4.
                
                 
                 Nicholas
                 Blackburn
                 ,
                 Esquire
                 .
              
               
                 Richard
                 Cliderhow
                 ,
                 Esquire
                 .
              
               
                  
              
            
          
        
         
           
             
               Admirals
               of
            
             England
             ,
             &c.
             
          
           
             
               6
               H.
               4.
            
             
             Tho.
             Lancastrius
             ,
             
               Reg.
               H.
               4.
            
             
             Fil.
             
               Vice-Roy
               of
            
             Ireland
             ,
             
               high
               Steward
               of
            
             England
             ;
             
               afterward
               D.
               of
            
             Clarence
             .
             Admirallus
             utriusque
             partis
             .
          
           
             
               8
               H.
               4.
            
             
             John
             Beauford
             ,
             praedict
             .
             Com.
             Somerset
             .
             Admirallus
             Angliae
             .
          
           
             
               8
               H.
               4.
            
             
             Edmund
             Holland
             ,
             
               Earl
               of
            
             Kent
             .
             Admirallus
             Angliae
             .
          
           
             
               9
               H.
               4.
            
             
             Thomas
             Beuford
             ,
             praed
             .
             Adm.
             Angliae
             .
          
           
             
             
               4
               H.
               6.
            
             
             John
             Lancastrius
             ,
             
               D.
               of
            
             Bedford
             ,
             
               E.
               of
            
             Richmond
             and
             Candale
             ,
             
               high
               Constable
               of
            
             Engl.
             Fil.
             
               Reg.
               H.
               4.
            
             
             Admirallus
             Angliae
             .
          
           
             
               14
               H.
               6.
            
             
             Joh.
             Holland
             ,
             
               D.
               of
            
             Exon.
             
               E.
               of
            
             Huntington
             .
             
               Constituted
               (
               together
               with
               his
               son
               )
               Admirals
               of
            
             England
             ,
             Ireland
             ,
             and
             Aquitain
             ,
             
               for
               life
            
             .
          
           
             
               25
               H.
               6.
            
             
             Will.
             de
             la
             Poole
             .
             Mar.
             &
             
               E.
               of
            
             Suffolk
             ,
             
               made
               Admiral
               of
            
             England
             ,
             Ireland
             ,
             and
             Aquitain
             ,
             
               during
               the
               minority
               of
            
             Hen.
             
               D.
               of
            
             Exon
             ;
             
               who
               with
               his
               Father
               had
               that
               Office
               by
               the
               Kings
               ●rant
               ,
            
             ad
             terminum
             vitae
             eorum
             ,
             &c.
             
          
           
             
               28
               H.
               6.
            
             
             Hen.
             Holland
             ,
             
               D.
               of
            
             Exon.
             Adm.
             Angliae
             ,
             Hiberniae
             &
             Aquitaniae
             .
          
           
             
               1
               Ed.
               4.
            
             
             Rich.
             Nevil
             ,
             Comes
             Warwic
             .
             &
             Sarisb
             .
             
               Admirall
               of
            
             England
             ,
             Ireland
             &
             Aquit
             .
          
           
             
               2
               Ed.
               4.
            
             
             Will.
             Nevil
             ,
             
               E.
               of
            
             Kent
             ,
             &
             Bar.
             Falconberg
             .
             
               Adm.
               of
            
             Engl.
             Ireland
             ,
             &
             Aquit
             .
          
           
             
               Ed.
               4.
            
             
             Richard
             
               D.
               of
            
             Gloucester
             ,
             
               Brother
               to
               the
               King
               ;
               Adm.
               of
            
             Engl.
             Irel.
             &
             Aquit
             .
          
           
             
               49
               H.
               6.
            
             
             Rich.
             Nevil
             ,
             
               E.
               of
            
             Warwic
             .
             &
             Sarisb
             .
             
               Capt.
               of
               the
               Town
               and
               Castle
               of
            
             Calice
             .
             
               Constable
               of
               the
               Castle
               of
            
             Dover
             ,
             &
             Custos
             5.
             
             Portuum
             .
             Adm.
             ut
             supra
             .
          
           
             
               11
               Ed.
            
             Richard
             
               D.
               of
            
             Gloucester
             ,
             praedict
             .
             
               Constituted
               Admiral
            
             ,
             ut
             supra
             .
          
           
             
             
               1
               R.
               3.
            
             
             John
             Howard
             ,
             
               D.
               of
            
             Norfolk
             .
             
               Adm.
               of
            
             Engl.
             Ireland
             &
             Aquit
             .
          
           
             
               1
               H.
               7.
            
             
             Jo.
             de
             Veer
             ,
             
               E.
               of
            
             Oxford
             ,
             
               high
               Chamberlain
               of
            
             England
             ,
             
               &c.
               
               Adm.
            
             ut
             supra
             .
          
           
             
               4
               H.
               8.
            
             
             Edw.
             Howard
             ,
             Knight
             ,
             Fil.
             Tho.
             
               E.
               of
            
             Sur.
             
               afterwards
               D.
               of
            
             Norf.
             Adm.
             ut
             supra
             .
          
           
             
               5
               H.
               8.
            
             
             Tho.
             Howard
             ,
             
               eld
               .
               brother
               of
               the
               said
            
             Edw.
             
               E.
               of
            
             Sur.
             
               afterwards
               D.
               of
            
             Norf.
             Adm.
             ut
             supra
             .
          
           
             
               17
               H.
               8.
            
             
             Henr.
             Fil.
             Nothus
             ,
             
               Reg.
               H.
               8.
               
               D.
               of
            
             Richm.
             &
             Somers
             .
             
               E.
               of
            
             Nottingh
             .
             Adm.
             ut
             supra
             .
          
           
             
               28
               H.
               8.
            
             
             Will.
             Fitz
             William
             ,
             
               E.
               of
            
             Southampt
             .
             Adm.
             ut
             supra
             .
          
           
             
               32
               H.
               8.
            
             
             John
             Russel
             ,
             Knight
             ,
             Dom.
             Russel
             .
             Admirall
             ,
             ut
             supra
             .
          
           
             
               34
               H.
               8.
            
             
             John
             Dudley
             ,
             Knight
             ,
             Vicecom
             .
             Insulae
             ,
             &
             Bar.
             de
             Malpas
             ,
             
               &c.
               
               Adm.
            
             ut
             supra
             .
          
           
             
               1
               Ed.
               6.
            
             
             Tho.
             de
             S.
             Mauro
             (
             Vulg.
             Seimor
             )
             Knight
             ,
             Dom.
             de
             S.
             Mauro
             de
             Sudley
             ,
             
               Brother
               to
            
             Edw.
             
               D.
               of
            
             Somers
             .
             Adm.
             Angl.
             Hib.
             Walliae
             ,
             Cales
             .
             Bologniae
             ,
             &c.
             
          
           
             
               3
               Ed.
               6.
            
             
             John
             Dudley
             ,
             E.
             Warwic
             .
             Vicecom
             .
             Lisley
             ,
             &c.
             Magnus
             Admirallus
             Angl.
             Hib.
             Wall.
             Cales
             .
             Bologn
             .
             &
             Marchiarum
             earundem
             ,
             Normanniae
             ,
             Gasconiae
             ,
             &
             Aquitaniae
             ;
             Also
             Praefect
             .
             Gen.
             Classis
             &
             Marium
             Regis
             ,
             &c.
             
          
           
             
             
               4
               Ed.
               6.
            
             
             Edw.
             Clinton
             ,
             Knight
             ,
             Bar.
             Clinton
             ,
             &
             Saius
             .
             Admiral
             ,
             ut
             supra
             .
          
           
             
               1
               Mar.
            
             Will.
             Howard
             ,
             Knight
             ,
             Bar.
             Effingham
             .
             Adm.
             ut
             supra
             .
          
           
             
               3
               Mar.
            
             Edw.
             Clinton
             ,
             Knight
             ,
             Bar.
             Clinton
             &
             Saius
             .
             Adm.
             ut
             supra
             .
          
           
             
               27
               Eliz.
            
             Charles
             Lord
             Howard
             ,
             
               Knight
               of
               the
               Noble
               Order
               of
               the
               Garter
               ,
            
             Baro
             de
             Effingham
             ,
             
               E.
               of
            
             Nottingh
             .
             Magn.
             Adm.
             Angl.
             Hiber
             .
             ac
             Dominiorum
             &
             Insularum
             earundem
             Villae
             Calesiae
             &
             Marchiarum
             ejusdem
             ,
             Normandiae
             ,
             Gasconiae
             ,
             &
             Aquitaniae
             ;
             Also
             ,
             Praefect
             .
             Gen.
             Class
             .
             &
             marium
             dict
             .
             Regnorum
             .
          
           
             
               16
               Jac.
            
             Georgius
             ,
             Marchio
             &
             Com.
             Buckingh
             .
             Vicecom
             .
             Villers
             ,
             Baro
             de
             Whaddon
             ,
             Deinde
             D.
             Buckingh
             .
             
               Knight
               of
               the
               Noble
               Order
               of
               the
               Garter
               ,
            
             &c.
             
             Constituted
             Magn.
             Adm.
             ut
             supra
             .
          
        
         
           
             Non
             est
             dubium
             (
             uti
          
           Spelman
           )
           
             quin
             perplures
             Procerum
             istorum
             ,
             Equites
             fuerint
             Periscelidis
             sive
             Garterii
             ;
             Sed
             cum
             id
             sibi
             non
             prompte
             innotuerit
             ,
             aliis
             reliquit
             disquirendum
             .
          
        
      
       
         
         
         
           AN
           Alphabetical
           Table
           of
           the
           Principal
           Things
           contained
           in
           this
           Treatise
           .
        
         
           
             ADmiral
             ;
             it
             's
             Etym●n
             or
             Original
             ,
             with
             the
             various
             Appellations
             thereof
             .
             
               Page
               1.
               to
               7
            
          
           
             The
             Antiquity
             thereof
             in
             Forraign
             Parts
             .
             
               7.
               to
               21
            
          
           
             The
             Antiquity
             thereof
             in
             
               England
               .
               22.
               to
               37
            
          
           
             Who
             the
             first
             Admiral
             in
             
               France
               .
               21
            
          
           
             Twelve
             Admirals
             slain
             at
             once
             at
             the
             Siege
             of
             
               Antioch
               .
               17
            
          
           
             Aegina
             ,
             where
             scituate
             ;
             Supposed
             by
             some
             to
             have
             first
             invented
             the
             Art
             of
             Navigation
             .
             12
          
           
             Aegean
             Sea
             ,
             why
             so
             called
             .
             8
          
           
             Africa
             ,
             by
             whom
             first
             peopled
             .
             8
          
           
             
               Agreement
               National
            
             ,
             between
             England
             and
             France
             ,
             acknowledging
             the
             Soveraigntie
             of
             the
             Seas
             to
             be
             in
             the
             King
             of
             
               Great
               Brittain
               .
               28
               ,
               29
            
          
           
             Anchors
             ;
             h●w
             to
             be
             laid
             in
             Harbours
             where
             but
             little
             water
             .
             
               175
               ,
               176
            
          
           
             Alcibiades
             ,
             Admiral
             to
             the
             
               Athenians
               .
               15
            
          
           
             
             
               Antonius
               Pius
            
             ,
             his
             Memorable
             Answer
             to
             Eudemon's
             Complaint
             touching
             shipwrack
             .
             
               pag.
               10
            
          
           
             Arragon
             ,
             famous
             for
             Maritime
             Constitutions
             .
             13
          
           
             Arrogatio
             ,
             what
             it
             is
             ,
             and
             how
             it
             differs
             from
             
               Adoptio
               .
               62
            
          
           
             Aruad
             ,
             the
             Inhabitants
             thereof
             able
             Marinors
             .
             11
          
           
             Asia
             ,
             by
             whom
             Originally
             peopled
             .
             8
          
           
             Athenians
             ,
             their
             two
             chief
             Maritime
             Magistrates
             .
             15
          
           
             Made
             Tributaries
             by
             the
             Sea-fights
             of
             
               Minos
               .
               8
            
          
           
             Averidge
             ,
             what
             the
             Law
             is
             therein
             .
             170
          
           
             Aureus
             ,
             how
             much
             in
             value
             among
             the
             Ancients
             .
             67
          
        
         
           
             B.
             
          
           
             BArcelonians
             ,
             famous
             for
             Sea-Laws
             .
             13
          
           
             Baxter
             Case
             against
             
               Hopes
               .
               116
            
          
           
             
               Beast
               with
               Ten
               Horns
            
             ,
             what
             meant
             thereby
             .
             
               12
               ,
               13
            
          
           
             Bridgmans
             Case
             .
             99
          
           
             Brights
             Case
             against
             
               Couper
               .
               95
            
          
           
             Brittains
             ,
             of
             old
             famous
             for
             Navigation
             ;
             and
             how
             they
             anciently
             restrained
             all
             strangers
             ,
             Merchants
             excepted
             ,
             from
             approaching
             the
             Brittish
             Coasts
             .
             27
          
           
             Boyes
             to
             the
             Anchors
             ,
             to
             have
             the
             name
             of
             the
             ship
             or
             Skipper
             engraven
             thereon
             .
             195
          
        
         
           
           
             C.
             
          
           
             CAndie
             ,
             formerly
             called
             the
             Isle
             of
             
               Crete
               .
               pag.
               8
            
          
           
             Canon-Law
             ,
             what
             ;
             the
             Original
             thereof
             .
             55
          
           
             
               Carbonianum
               Edictum
            
             ;
             why
             so
             called
             ;
             the
             true
             meaning
             thereof
             in
             the
             Law.
             64
          
           
             Caria
             ,
             where
             scituate
             ;
             the
             Inhabitants
             thereof
             anciently
             reputed
             Lords
             of
             the
             Sea.
             
               11
               ,
               12
            
          
           
             Carpathean
             Sea
             ,
             where
             scituate
             .
             9
          
           
             Carthage
             ;
             when
             and
             how
             demolished
             .
             12
          
           
             Carthaginians
             ;
             the
             Art
             of
             Navigation
             anciently
             ascribed
             to
             them
             .
             ibid.
             
          
           
             
               Casting
               goods
               over
               board
            
             ;
             to
             be
             done
             at
             the
             Skippers
             discretion
             .
             169
          
           
             Case
             of
             Baxter
             against
             Hopes
             ,
             in
             
               Brownl
               .
               Rep.
               2.
               part
               .
               116
            
          
           
             Case
             of
             Bridgman
             ,
             in
             
               Hob.
               Reports
               .
               99
            
          
           
             Case
             of
             Bright
             against
             
               Couper
               .
               95
            
          
           
             Case
             of
             
               Admiral
               Court
            
             ,
             in
             
               Brownl
               .
               Reports
               ,
               part
               .
               2.
               107
            
          
           
             Case
             of
             
               Don
               Diego
               Serviento
               de
               Acuna
            
             ,
             against
             Jolliffe
             and
             Tucker
             ,
             in
             
               Hob.
               Rep.
               10
               ,
               11
            
          
           
             Case
             of
             Sir
             
               Hen.
               Constable
            
             ,
             in
             
               Coke's
               Reports
               .
               153
            
          
           
             Case
             of
             the
             French
             man
             ,
             against
             the
             Vendee
             of
             a
             ship
             .
             
               Trin.
               17.
               
               Car.
               in
               Bro.
               Reports
               .
               97
            
          
           
             Case
             of
             Goodwyn
             against
             Tompkins
             ,
             in
             
               Noy's
               Rep.
               139
            
          
           
             
             Case
             of
             Dr.
             James
             ,
             in
             
               Hob.
               Rep.
               123
            
          
           
             Case
             of
             Jennings
             against
             Audley
             ,
             in
             
               Br.
               Reports
               ,
               part
               .
               2.
               116
            
          
           
             Case
             of
             Sir
             
               Julius
               Caesar
            
             ,
             in
             Leonard's
             
               Rep.
               95
            
          
           
             Case
             of
             Leigh
             against
             Burley
             ,
             in
             Owen's
             
               Rep.
               135
            
          
           
             Case
             of
             Mariners
             against
             Jones
             ,
             in
             
               Whinch
               .
               Rep.
               133
            
          
           
             Case
             of
             the
             
               Merchants
               ,
               Mich.
               8.
               
               Jac.
               in
               Br.
               Rep.
               part
               .
               2.
               117
            
          
           
             Case
             of
             Oyles
             against
             Marshal
             ,
             in
             the
             
               Mod.
               Rep.
               124
            
          
           
             Case
             of
             Palmer
             against
             Pope
             ,
             in
             
               Hob.
               Rep.
               94
               ,
               111
               ,
               135
            
          
           
             Case
             of
             Record
             against
             Jobson
             ,
             in
             Noy's
             
               Rep.
               125
            
          
           
             Case
             of
             Susans
             against
             Turner
             ,
             in
             Noy's
             
               Rep.
               91
               ,
               115
            
          
           
             Case
             of
             Weston
             ,
             in
             
               Brownl
               .
               Rep.
               96
            
          
           
             Cases
             of
             Admiral
             Jurisdiction
             resolved
             .
             
               Cro.
               Rep.
               156
               ,
               to
               160
            
          
           
             Cestertius
             ,
             how
             much
             in
             value
             .
             67
          
           
             Chanaan
             ;
             so
             called
             by
             the
             Hebrews
             ;
             by
             the
             
               Greeks
               ,
               Phaenicia
               .
               11
            
          
           
             Charondas
             ,
             Law-giver
             to
             the
             
               Thurians
               .
               53
            
          
           
             Charter-parties
             ,
             properly
             cognizable
             in
             the
             
               Admiralty
               .
               129
               ,
               to
               140
            
          
           
             
               Civil
               Law
            
             ,
             properly
             so
             called
             ,
             what
             ;
             And
             when
             first
             introduced
             .
             54
          
           
             Colossus
             ,
             one
             of
             the
             worlds
             seven
             Wonders
             ,
             where
             scituate
             .
             9
          
           
             Concurrency
             of
             Jurisdictions
             .
             33
          
           
             
             Constantinople
             ,
             famous
             of
             old
             for
             Sea-Laws
             .
             13
          
           
             Corynth
             ;
             anciently
             reputed
             Lord
             of
             the
             Sea
             ,
             and
             by
             some
             supposed
             to
             have
             invented
             the
             Art
             of
             Navigation
             .
             12
          
           
             Cyclades
             Isles
             ;
             where
             scituate
             .
             ibid.
             
          
           
             Cymon
             ,
             another
             Admiral
             of
             the
             
               Athenians
               .
               15
            
          
           
             Clergy
             ,
             anciently
             to
             be
             advised
             with
             in
             case
             of
             
               Treasure-Trove
               .
               194
            
          
           
             Collision
             of
             one
             ship
             against
             another
             ,
             and
             damage
             thereby
             ;
             the
             Law
             in
             that
             case
             .
             
               174
               ,
               175
            
          
           
             Custome
             in
             Sea-matters
             ,
             to
             be
             observed
             .
             
               190
               ,
               191
               ,
               192
            
          
           
             Cutting
             of
             Masts
             and
             Cables
             in
             a
             storm
             ;
             what
             the
             Law
             is
             in
             that
             case
             .
             170
          
        
         
           
             D.
             
          
           
             DAmage
             ,
             happening
             to
             Goods
             at
             Sea
             ;
             what
             the
             Law
             is
             in
             that
             case
             .
             172
          
           
             Debate
             or
             Difference
             between
             the
             Skipper
             ,
             and
             his
             Mariners
             ;
             The
             Law
             in
             that
             case
             .
             174
          
           
             Decearchus
             ,
             his
             Memorable
             Sea-Commission
             .
             
               15
               ,
               16
            
          
           
             Demourage
             ,
             when
             to
             be
             paid
             by
             the
             Merchant
             .
             179
          
           
             Demosthenes
             ,
             Another
             Admiral
             of
             the
             
               Athenians
               .
               15
            
          
           
             Deportatio
             ,
             what
             ;
             and
             how
             it
             differs
             from
             
               Relegatio
               .
               58
               ,
               59
            
          
           
             Derelicts
             ;
             in
             what
             case
             Goods
             may
             properly
             
             be
             said
             to
             be
             Derelict
             .
             189
          
           
             Daedalus
             ;
             what
             his
             wings
             were
             made
             of
             .
             
               8
               ,
               9
            
          
           
             Dominion
             of
             the
             Sea
             ,
             the
             Right
             and
             Antiquity
             thereof
             in
             the
             Kings
             of
             
               Great
               Brittain
               .
               24
               ,
               to
               30
               ,
               &
               38
               ,
               49
            
          
           
             Dominion
             of
             the
             Sea
             in
             General
             ;
             the
             Original
             thereof
             .
             7
          
           
             
               Don
               Diego
               Serviento
               de
               Acuna
            
             ,
             his
             Case
             against
             Jolliff
             and
             
               Tucker
               .
               110
               ,
               111
            
          
           
             Draco
             ,
             Law-giver
             to
             the
             
               Athenians
               .
               53
            
          
           
             
               Drungarius
               &
               Drungarius
               Magnus
            
             ,
             the
             Admirals
             style
             in
             the
             Eastern
             Empire
             ;
             whence
             so
             called
             .
             16
          
        
         
           
             E.
             
          
           
             EDgar
             ;
             his
             Marine
             style
             and
             title
             in
             all
             his
             Charters
             .
             27
          
           
             Egyptians
             ,
             the
             strange
             way
             of
             their
             Navigation
             .
             12
          
           
             Emancipation
             ,
             what
             ;
             and
             how
             it
             differs
             fr●m
             
               Manumission
               .
               65
            
          
           
             
               Erythraeum
               mare
            
             ,
             where
             that
             is
             ;
             and
             why
             so
             called
             .
             12
          
           
             Etheldred
             ,
             his
             incomparable
             Navy
             for
             the
             Guard
             of
             the
             Brittish
             Seas
             ..
             27
          
           
             Europe
             ,
             by
             whom
             first
             peopled
             .
             8
          
           
             Execution
             ,
             or
             the
             Coercive
             power
             the
             life
             of
             the
             Law
             ,
             and
             a
             Right
             of
             the
             Jurisdiction
             of
             the
             Admiralty
             .
             32
          
           
             
               Extra
               Regnum
            
             ,
             or
             Things
             done
             out
             of
             the
             Kingdome
             ,
             where
             or
             in
             what
             place
             tryable
             .
             
               98
               ,
               to
               118
            
          
        
         
           
           
             F.
             
          
           
             
               FIshes
               Royal
            
             ,
             to
             whom
             they
             belong
             .
             
               Page
               190
            
          
           
             Fictions
             Legal
             ,
             what
             they
             are
             ;
             the
             several
             kinds
             thereof
             ;
             Two
             capital
             Instances
             of
             such
             in
             the
             Law
             ;
             And
             how
             the
             Practice
             of
             Fictions
             may
             be
             said
             to
             be
             prejudicial
             to
             the
             Admiralty
             .
             
               82
               ,
               to
               91
            
          
           
             Fierro
             ,
             where
             scituate
             ;
             the
             strange
             Tree
             that
             grows
             on
             that
             Island
             .
             36
          
           
             Fraight
             ,
             how
             to
             be
             apportioned
             when
             the
             Voyage
             is
             imperfect
             .
             166
          
           
             France
             ,
             when
             first
             an
             Admiral
             there
             .
             
               20
               ,
               21
            
          
        
         
           
             G.
             
          
           
             GEnuises
             ,
             famous
             for
             their
             Maritime
             Laws
             .
             13
          
           
             
               Gold
               ,
               Silver
               ,
               Precious
               Stones
               ,
            
             and
             the
             like
             ,
             found
             in
             ,
             on
             ,
             or
             nigh
             the
             Sea
             ,
             in
             what
             cases
             may
             be
             kept
             by
             the
             Finder
             ,
             and
             in
             what
             cases
             not
             .
             
               190
               ,
               192
               ,
               194
            
          
           
             
               Goods
               found
            
             ,
             that
             belonged
             to
             shipping
             ,
             how
             they
             were
             to
             be
             disposed
             of
             in
             Ancient
             times
             .
             
               192
               ,
               193
            
          
           
             Goods
             cast
             over
             board
             to
             lighten
             the
             ship
             ,
             no
             Derclict
             .
             
               188
               ,
               189
            
          
           
             Graecians
             ,
             by
             whom
             they
             were
             first
             Civilized
             .
             
               10
               ,
               11
            
          
        
         
           
           
             H.
             
          
           
             HAnnibal
             ,
             high
             Admiral
             of
             the
             
               Carthaginians
               .
               12
            
          
           
             Hanno
             &
             Hamilco
             ,
             famous
             for
             their
             Naval
             discoveries
             .
             ibid.
             
          
           
             
               Hercules
               Pillars
            
             ;
             why
             the
             Motto
             of
             
               Non
               ultra
            
             engraven
             thereon
             .
             9
          
        
         
           
             I.
             
          
           
             IEnnings
             Case
             against
             
               Audley
               .
               116
            
          
           
             Imperium
             ,
             what
             ;
             the
             several
             degrees
             thereof
             in
             the
             Law.
             
               57
               ,
               to
               65
            
          
           
             Impleaders
             of
             Marine
             Causes
             in
             a
             wrong
             Jurisdiction
             punishable
             by
             the
             Admiralty
             .
             
               31
               ,
               32
            
          
           
             Interdictum
             at
             the
             Civil
             Law
             ,
             how
             it
             differs
             from
             Prohibitio
             at
             the
             Common
             Law.
             71
          
           
             
               Joh.
               Rex
            
             ;
             his
             Ordinance
             made
             at
             Hastings
             touching
             the
             Soveraignty
             of
             the
             Kings
             of
             England
             in
             the
             Brittish
             Seas
             .
             30
          
           
             Ionean
             Sea
             ;
             where
             ,
             and
             why
             so
             called
             .
             11
          
           
             Jurisdiction
             ;
             the
             Etymon
             of
             the
             word
             ,
             with
             the
             several
             kinds
             and
             degrees
             thereof
             in
             Law.
             
               56
               ,
               to
               69
            
          
           
             Jurisdiction
             of
             the
             Admiralty
             of
             England
             ,
             the
             great
             Antiquity
             thereof
             .
             
               22
               ,
               to
               36
            
          
           
             
               Jus
               Gentium
            
             ,
             the
             Original
             thereof
             .
             53
          
           
             
               Jus
               Humanum
               &
               Civile
            
             ,
             what
             ;
             and
             how
             introduced
             .
             54
          
           
             Just
             ;
             the
             divers
             acceptations
             of
             that
             word
             in
             Law
             ,
             as
             in
             reference
             to
             Fictions
             .
             83
          
        
         
           
           
             L.
             
          
           
             LAding
             ,
             or
             ships
             Lading
             ,
             in
             part
             disposed
             to
             supply
             the
             ships
             occasions
             ;
             the
             Law
             in
             that
             cas●
             .
             
               pag.
               179
               ,
               180
            
          
           
             Law
             ,
             the
             true
             definition
             thereof
             .
             51
          
           
             The
             Law
             of
             Nature
             ;
             of
             Nations
             ;
             The
             Civil
             Law
             ;
             The
             Law
             Sacerdotal
             ,
             and
             Canon
             .
             
               52
               ,
               to
               55
            
          
           
             Law
             of
             the
             Sea
             ,
             or
             
               Law
               Admiral
            
             ,
             the
             great
             Antiquity
             thereof
             .
          
           
             
               Laws
               Imperial
            
             ,
             their
             use
             and
             exeellency
             above
             other
             Laws
             in
             most
             Kingdomes
             .
             
               51
               ,
               52
            
          
           
             Laws
             of
             the
             Heathens
             ,
             fathered
             on
             their
             Heathenish
             Idols
             .
             53
          
           
             Leigh's
             Case
             against
             
               Burley
               .
               135
            
          
           
             Lycurgus
             ,
             Legislator
             to
             the
             
               Lacedemonians
               .
               53
            
          
           
             Lye
             ;
             the
             lye
             given
             to
             or
             by
             either
             the
             Skipper
             or
             Mariners
             ;
             the
             ancient
             penalty
             in
             that
             case
             .
             173
          
        
         
           
             M.
             
          
           
             MAhomet
             ,
             Law-giver
             to
             the
             
               Arabians
               .
               53
            
          
           
             Manumission
             ,
             what
             ;
             and
             how
             it
             differs
             from
             
               Emancipation
               .
               65
            
          
           
             Marcelleis
             ,
             famous
             for
             Marine
             Constitutions
             .
             13
          
           
             Mariner's
             Case
             against
             
               Jones
               .
               133
            
          
           
             Mariners
             ,
             their
             duty
             in
             case
             of
             disaster
             to
             the
             Vessel
             .
             102
          
           
             
             Not
             to
             desert
             the
             ship
             till
             the
             Voyage
             be
             ended
             .
             165
          
           
             Not
             to
             go
             out
             of
             the
             ship
             without
             the
             Skippers
             leave
             .
             167
          
           
             In
             what
             case
             they
             may
             .
             178
          
           
             If
             hurt
             or
             wounded
             ,
             in
             what
             case
             not
             to
             be
             healed
             at
             the
             ships
             charge
             .
             
               167
               ,
               168
            
          
           
             Messine
             ,
             where
             scituate
             ;
             the
             people
             thereof
             famous
             for
             their
             Sea-Laws
             .
             13
          
           
             Minos
             ,
             he
             gave
             Laws
             to
             the
             
               Cretians
               .
               53
            
          
           
             
               Minotauri
               Fabula
            
             ,
             why
             so
             called
             .
             8
          
           
             Murderers
             of
             ship-broken
             men
             ,
             their
             strange
             and
             cruel
             punishment
             .
             185
          
        
         
           
             N.
             
          
           
             NAmes
             of
             ships
             and
             Skippers
             to
             be
             engraven
             on
             the
             Buoyes
             of
             the
             Anchors
             .
             195
          
           
             Navigation
             ,
             the
             Antiquity
             thereof
             ;
             to
             whom
             Originally
             ascribed
             .
             
               7
               ,
               to
               12
            
          
           
             Nearchus
             ,
             Admiral
             to
             Alex.
             the
             Great
             .
             15
          
           
             Neptune
             ,
             why
             feigned
             to
             be
             God
             of
             the
             Sea.
             14
          
           
             Niceas
             ,
             Another
             Admiral
             to
             the
             
               Athenians
               .
               15
            
          
           
             Noah
             ,
             how
             long
             since
             he
             arrived
             at
             
               Ararat
               .
               7
            
          
           
             North-Starre
             ,
             its
             use
             in
             Navigation
             ,
             by
             whom
             first
             invented
             .
             10
          
           
             Numa
             ,
             Law-giver
             to
             the
             
               Romans
               .
               53
            
          
        
         
           
           
             O.
             
          
           
             OLeron
             ,
             where
             scituate
             ;
             most
             famous
             for
             their
             Sea-Laws
             and
             Maritime
             Constitutions
             ;
             when
             and
             by
             whom
             first
             published
             .
             
               pag.
               13
               ,
               14
            
          
           
             Onesicratus
             ,
             Admiral
             to
             the
             
               Assyrians
               .
               15
            
          
        
         
           
             P.
             
          
           
             PAtroclus
             ,
             Admiral
             to
             the
             
               Syrians
               .
               15
            
          
           
             Palmer's
             Case
             against
             
               Pope
               .
               94
               ,
               111
               ,
               135
            
          
           
             Partnership
             in
             a
             Fishing
             design
             ,
             the
             Law
             in
             that
             case
             .
             182
          
           
             Paeni
             ,
             or
             Carthaginians
             ,
             originally
             Phoeni
             or
             
               Phoenicians
               .
               12
            
          
           
             Phoenicia
             ,
             where
             scituate
             ;
             the
             People
             thereof
             supposed
             to
             be
             the
             first
             
               Mariners
               ,
               Merchants
            
             ,
             and
             Astronomers
             ;
             As
             also
             the
             first
             Inventors
             of
             Arithmetick
             ,
             and
             the
             Art
             of
             
               Navigation
               .
               10
               ,
               11
            
          
           
             Pilots
             ;
             the
             punishment
             of
             an
             
               unskilful
               Pilot
            
             in
             case
             of
             Damage
             thereby
             .
             180
          
           
             The
             punishment
             of
             
               treacherous
               Pilots
               .
               186
               ,
               187
            
          
           
             The
             strange
             punishment
             of
             their
             
               Abettors
               .
               188
            
          
           
             Pirates
             ,
             their
             punishment
             .
             
               122
               ,
               196
            
          
           
             Who
             supposed
             to
             be
             the
             first
             that
             purged
             the
             Seas
             of
             such
             Vermin
             .
             8
          
           
             Pisa
             ,
             the
             Inhabitants
             thereof
             famous
             for
             their
             Maritime
             Laws
             .
             13
          
           
             
             Poles
             ,
             who
             first
             descryed
             the
             two
             Poles
             .
             11
          
           
             Pericles
             ,
             another
             Admiral
             of
             the
             
               Athenians
               .
               15
            
          
           
             Pontus
             ,
             the
             reason
             why
             the
             Sea
             is
             so
             called
             .
             9
          
           
             Port
             and
             Port-Town
             ,
             how
             they
             differ
             .
             
               112
               ,
               113
            
          
           
             Prohibition
             ,
             what
             ;
             the
             Original
             thereof
             ;
             with
             its
             several
             kinds
             ,
             causes
             and
             effects
             in
             Law.
             
               72
               ,
               to
               81
            
          
           
             Properties
             created
             at
             Sea
             ,
             
               &
               Super
               altum
               mare
            
             ,
             whether
             cognizable
             in
             the
             Admiralty
             .
             31
          
        
         
           
             R.
             
          
           
             
               REd
               Sea
            
             ,
             who
             there
             first
             Invented
             ships
             and
             sailed
             thereon
             ;
             and
             why
             called
             
               Erithraeum
               mare
               .
               12
            
          
           
             Relegatio
             ,
             what
             ;
             how
             it
             differs
             from
             
               Deportatio
               .
               58
               ,
               59
            
          
           
             
               Re●●er
               Crimbald
            
             ,
             the
             French
             Admiral
             ,
             his
             〈◊〉
             and
             illegal
             attempts
             on
             the
             Brittish
             Seas
             ,
             in
             derogation
             of
             the
             Soveraignty
             of
             
               England
               .
               28
               ,
               29
            
          
           
             Rhodes
             ,
             where
             scituate
             ;
             their
             precedency
             to
             all
             other
             Nations
             in
             Marine
             Constitutions
             .
             9
          
           
             Rhodian
             Law
             generally
             referred
             to
             by
             the
             Emperours
             in
             decision
             of
             Maritime
             Controversies
             .
             
               10
               ,
               19
               ,
               20
            
          
           
             Richard
             the
             First
             ,
             the
             first
             that
             published
             the
             Sea-Laws
             of
             Oleron
             ,
             and
             when
             .
             14
          
           
             Ridley's
             opinion
             touching
             .
             
               Prohibitions
               .
               78
               ,
               79
            
          
           
             Roman
             Admirals
             .
             
               18
               ,
               19
            
          
        
         
           
           
             S.
             
          
           
             SAles
             of
             ship
             or
             Lading
             ,
             or
             any
             part
             of
             either
             ,
             made
             by
             Skippers
             or
             Mariners
             without
             special
             Procuration
             ,
             in
             what
             cases
             good
             ,
             or
             not
             good
             in
             Law.
             
               164
               ,
               165
               ,
               179
               ,
               180
            
          
           
             Salvage
             ,
             how
             to
             be
             paid
             and
             satisfied
             .
             
               166
               ,
               183
            
          
           
             Sarazen
             Admirals
             .
             
               16
               ,
               17
            
          
           
             Seleucidae
             over
             the
             Syrian
             Monarchy
             ,
             why
             so
             called
             .
             13
          
           
             Ship
             forced
             from
             her
             Cables
             and
             Anchors
             ,
             the
             Law
             in
             that
             case
             .
             
               194
               ,
               195
            
          
           
             Not
             to
             stay
             for
             a
             sick
             Mariner
             .
             168
          
           
             When
             broken
             ,
             the
             Mariners
             not
             to
             be
             hindred
             from
             saving
             the
             goods
             
               182
               ,
               183
            
          
           
             In
             King
             Edgar's
             time
             400
             Sail
             for
             the
             Guard
             of
             the
             Brittish
             Seas
             .
             27
          
           
             Sick
             Mariners
             how
             to
             be
             provided
             for
             .
             168
          
           
             And
             what
             wages
             such
             may
             challenge
             .
             169
          
           
             Skipper's
             duty
             before
             he
             leaves
             a
             Port.
             164
          
           
             How
             to
             finish
             his
             Voyage
             ,
             in
             case
             of
             some
             disaster
             to
             his
             own
             ship
             .
             166
          
           
             Slings
             for
             hoysing
             of
             goods
             .
             
               171
               ,
               172
            
          
           
             If
             damage
             happen
             thereby
             ,
             who
             must
             make
             it
             good
             .
             181
          
           
             Solon
             ,
             Legislator
             to
             the
             
               Athenians
               .
               53
            
          
           
             Soveraignty
             of
             the
             Brittish
             Seas
             publickly
             acknowledged
             by
             the
             Agents
             and
             Procurators
             of
             no
             less
             then
             ten
             Neighbour-Nations
             ,
             Kingdomes
             and
             States
             at
             once
             ,
             to
             be
             
               de
               jure
            
             in
             the
             Monarch
             of
             
               Great
               Brittain
               .
               28
            
          
           
             Striking
             a
             ship-board
             ,
             whether
             by
             the
             Skipper
             
             or
             Mariners
             ;
             the
             Law
             in
             that
             case
             .
             173
          
           
             
               Statutes
               ,
               13
               R.
               2.
               cap.
               5.
               
               &
               15
               R.
               2.
               cap.
               3.
               
               &
               2
               H.
               4.
               cap.
               11.
               
               &
               27
               El.
               cap.
               11.
            
             touching
             the
             Jurisdiction
             of
             the
             Admialty
             .
             
               141
               ,
               to
               154
            
          
           
             
               Super
               altum
               mare
            
             ,
             properly
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             .
             
               91
               ,
               to
               98
            
          
           
             Supplicatio
             ,
             what
             it
             imports
             in
             Law.
             63
          
           
             
               Surmizes
               ,
               Suppositions
            
             ,
             or
             Suggestions
             of
             places
             
               beyond
               Sea
            
             ,
             to
             be
             locally
             as
             within
             the
             body
             of
             some
             County
             within
             the
             Realm
             ;
             Variety
             of
             Opinions
             touching
             the
             same
             in
             the
             Common
             Law-Books
             .
             80
          
           
             Susans
             Case
             against
             
               Turner
               .
               91
               ,
               115
               ,
               130
            
          
           
             Sydonians
             ,
             famous
             and
             able
             Mariners
             .
             
               11
               ,
               16
            
          
        
         
           
             T.
             
          
           
             TAckle
             ,
             ship-tackle
             ,
             pawned
             ,
             pledged
             ,
             or
             hypothecated
             for
             the
             ships
             use
             in
             case
             of
             necessity
             ,
             good
             .
             164
          
           
             Taurus
             ,
             high
             Admiral
             to
             Minos
             ,
             King
             of
             
               Crete
               .
               8
            
          
           
             Theft
             committed
             at
             Wrecks
             ,
             the
             penalty
             thereof
             .
             
               183
               ,
               187
            
          
           
             Tortura
             ,
             the
             different
             respects
             and
             acceptations
             thereof
             in
             construction
             of
             Law.
             68
          
           
             
               Treasure
               Trove
            
             ,
             the
             old
             Law
             in
             that
             case
             .
             193
          
           
             Trismegister
             ,
             Legislator
             of
             the
             
               Egyptians
               .
               53
            
          
           
             Tyrus
             ,
             the
             Maritime
             Metropolis
             of
             Phoenicia
             ;
             the
             costly
             Materials
             of
             her
             Navy
             ;
             her
             Prosperity
             and
             Misery
             .
             11
          
           
             Tyrians
             ,
             famous
             and
             able
             Mariners
             .
             
               11
               ,
               16
            
          
        
         
           
           
             V.
             
          
           
             VEnetians
             ,
             famous
             for
             their
             Sea-Laws
             ,
             and
             Maritime
             Ordinances
             .
             13
          
        
         
           
             W.
             
          
           
             VVAges
             of
             Mariners
             to
             be
             paid
             according
             to
             Contract
             .
             178
          
           
             If
             deceased
             in
             the
             Voyage
             ,
             to
             whom
             payable
             .
             169
          
           
             Weston's
             Case
             .
             96
          
           
             Wounded
             Mariners
             ,
             the
             Law
             in
             that
             case
             .
             168
          
           
             Wreck
             ;
             the
             ancient
             Provisional
             Laws
             of
             Oleron
             in
             that
             case
             .
             
               184.
               194
               ,
               195
            
          
        
         
           
             Z.
             
          
           
             ZOroaster
             ,
             the
             Bractians
             and
             Persians
             Law-giver
             .
             53
          
        
         
           FINIS
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A42930-e210
           
             
               De
               Benefic
            
             .
             12.
             
          
           
             Angel.
             in
             Rub.
             D.
             de
             Jurisdic
             .
             om
             .
             Judic
             .
          
        
         
           Notes for div A42930-e1590
           
             Terent.
             in
             Prolog
             .
             Enuchi
             .
          
           
             a
             Senec.
             lib.
             de
             Morib
             .
          
           
             b
             L.
             1.
             l.
             est
             receptum
             .
             ff
             .
             de
             Jurisd
             .
             om
             .
             Jud.
             &
             l.
             privatorum
             .
             Cod.
             de
             Jurisd
             .
          
           
             c
             Natta
             .
             Cons
             .
             639.
             nu
             .
             2.
             
             &
             99.
             
             &
             Joach
             .
             Steph.
             de
             Jurisd
             .
             c.
             1.
             nu
             .
             19.
             
          
           
             d
             Bald.
             Cons
             .
             333.
             lib.
             1.
             
          
           
             e
             Car.
             Tap.
             in
             ff
             .
             de
             Const
             .
             Prin.
             cap.
             4.
             nu
             .
             14.
             
             &
             Marant
             .
             Distinct
             .
             nu
             .
             3.
             
          
           
             f
             L.
             6.
             
             Cod.
             de
             Jurisdict
             .
          
           
             g
             L.
             ult
             .
             Cod.
             ibid.
             
          
           
             h
             L.
             11.
             cum
             seq
             .
             de
             Jurisd
             .
          
           
             i
             Alex.
             tot
             .
             tit
             .
             de
             Offic.
             Juridic
             .
          
           
             L.
             penult
             .
             ff
             .
             de
             pet●t
             .
             haeredit
             .
             &
             l.
             1.
             
             Cod.
             ubi
             de
             Crim
             ●gi
             .
             oport
             .
          
           
             l
             L.
             3.
             ubi
             coeptum
             .
             ff
             .
             de
             Judic
             .
          
           
             m
             Gail
             .
             l.
             1.
             obs
             .
             29.
             nu
             .
             3.
             &
             obs
             .
             42.
             nu
             .
             3.
             
          
           
             n
             L.
             tune
             autem
             .
             37.
             ff
             .
             de
             re
             judic
             .
          
           
             o
             L.
             nemo
             .
             Cod.
             de
             Jurisd
             .
             om
             .
             Jud.
             
          
           
             p
             L.
             Unic
             .
             Cod.
             de
             Nund
             .
             &
             Alceat
             ,
             in
             L.
             Mercis
             66.
             &
             l.
             Mercis
             207.
             de
             Verb.
             Signif
             .
          
           
             q
             Accurs
             .
             &
             alii
             in
             l.
             1.
             
             §.
             Mercis
             .
             st
             .
             de
             Trib.
             
          
           
             r
             Bart.
             in
             Rub.
             Cod.
             de
             Navic
             .
          
           
             s
             C.
             ejiciens
             88.
             dist
             .
          
           
             t
             C.
             in
             civitate
             .
             &c.
             consuluit
             .
             Extra
             .
             de
             Usu
             .
          
           
             u
             Paul.
             de
             Castr
             .
             in
             L.
             in
             eum
             .
             ff
             .
             de
             Instit
             .
          
           
             w
             L.
             moventium
             ,
             ff
             .
             de
             Verb.
             Sign
             .
          
           
             x
             C.
             Significavit
             .
             Extra
             .
             de
             Judaeis
             ,
             ubi
             Abbas
             .
          
           
             y
             Decii
             Confil
             .
             40.
             nu
             .
             3.
             
             &
             Consil
             .
             496
             nu
             .
             9.
             
          
           
             z
             ]
             Bald.
             in
             Auth.
             Dos
             data
             .
             Cod.
             de
             Donat.
             ant
             .
             Nupt.
             
          
           
             a
             §.
             Commodum
             .
             Instit
             .
             de
             Interdict
             .
          
           
             b
             L.
             intra
             .
             §.
             vendentibus
             .
             ff
             .
             de
             Minor
             .
          
           
             c
             Bald.
             in
             L.
             1.
             
             Cod.
             Ut
             nemin
             .
             Liceat
             sine
             Jud.
             autoritat
             .
          
           
             The
             Skipper
             or
             Master
             is
             a
             Mariner
             ,
             though
             no
             common
             Mariner
             .
          
           
             d
             L.
             cum
             in
             debito
             .
             ff
             .
             de
             Probat
             .
          
           
             *
             L.
             ●
             .
             Cod.
             de
             Navib
             .
             non
             Excusand
             .
          
           
             e
             L.
             Praetor
             ●it
             ,
             in
             prin
             .
             ff
             .
             de
             Injur
             .
          
           
             f
             L.
             non
             omne
             ,
             ff
             .
             de
             Stat.
             Libe
             .
             &
             l.
             is
             ,
             ff
             .
             de
             Act.
             &
             Oblig
             .
          
           
             g
             L.
             Consensu
             .
             Cod.
             de
             r●
             
          
           
             h
             L.
             1.
             
             §.
             igitur
             ,
             ff
             .
             de
             Exerc
             .
          
           
             i
             Aret.
             post
             Joan.
             Fab.
             in
             §.
             item
             Exercitor
             ,
             nu
             .
             3.
             
             Instit
             .
             de
             Oblig
             .
             quae
             ex
             quasi
             Delict
             .
          
           
             k
             Bart.
             &
             Paul.
             in
             l.
             haec
             distinctio
             .
             §.
             cum
             fundum
             ,
             ff
             .
             Locat
             .
          
           
             l
             L.
             non
             inter
             ,
             ff
             .
             de
             usu
             &
             habi
             .
          
           
             m
             L.
             inter
             stipulantem
             ,
             in
             §.
             Sacram.
             ff
             .
             de
             Ver.
             Oblig
             .
             &
             in
             l.
             quod
             in
             §.
             fin
             .
             ff
             .
             de
             Leg.
             &
             in
             l.
             qui
             res
             ,
             §.
             aream
             ,
             ff
             .
             de
             Solut.
             &
             in
             l.
             quid
             tamen
             ,
             in
             §.
             in
             Navis
             .
             ff
             .
             Quib.
             mod
             .
             Usufr
             .
             ami●
             .
          
           
             n
             L.
             Mutius
             ,
             ff
             .
             de
             rei
             vendic
             .
          
           
             o
             ff
             .
             lib.
             6.
             tit
             .
             1.
             
             Leg.
             61.
             
          
           
             p
             L.
             si
             ex
             meis
             ,
             ff
             .
             de
             acq
             .
             rer
             .
             dom
             .
             &
             l.
             si
             convenerit
             ,
             §.
             si
             quis
             sic
             ,
             ff
             .
             de
             pign
             .
             act
             .
          
           
             q
             L.
             fin
             .
             ff
             .
             de
             fund
             .
             instruct
             .
             &
             l.
             Scapham
             ,
             ff
             .
             de
             evict
             .
             &
             l.
             Marcellus
             ,
             in
             §.
             armamenta
             ,
             ff
             .
             de
             Rei
             Vendicat
             .
          
           
             r
             Bald.
             in
             L.
             cum
             proponus
             .
             Cod.
             de
             Nautic
             .
             soenore
             .
             nu
             .
             6.
             
          
           
             s
             L.
             1.
             ff
             .
             si
             quo
             ad
             .
             pau
             .
             fe
             .
             di
             .
          
           
             t
             Jas
             .
             in
             consil
             .
             170.
             
             Nomine
             Magnifici
             ,
             &c.
             Vol.
             2.
             
          
           
             u
             Bald.
             Paul.
             &
             Sal.
             in
             l.
             autem
             navigiae
             .
             Cod.
             de
             furt
             .
          
           
             w
             Bal.
             in
             l.
             furt
             .
             Cod.
             de
             furt
             .
          
           
             x
             L.
             in
             delictis
             .
             §.
             Si
             extraneus
             .
             ff
             .
             de
             Noxa
             .
             &
             Angel
             .
             in
             l.
             Sive
             manifestus
             ,
             in
             §.
             tam
             diu
             ,
             ff
             .
             de
             Com.
             fur
             .
          
           
             y
             L.
             mulier
             .
             ff
             .
             de
             Captiv
             .
          
           
             z
             L.
             fin
             .
             §.
             si
             propter
             necessitatem
             .
             ff
             .
             de
             public
             .
             &
             l.
             Caesar
             .
             ff
             .
             de
             Public
             .
          
           
             
               Wearing
               Apparel
               and
               Victuals
               for
               the
               ships
               use
               ,
               pays
               no
               fraight
               .
            
             ff
             .
             Naut
             .
             Caupo
             .
             stab
             .
             &c.
             l.
             1.
             
             §.
             quamcunque
             rem
             .
          
           
             a
             L.
             si
             quis
             .
             Cod.
             de
             Instit
             .
             &
             Substit
             .
          
           
             b
             Arg.
             l.
             Seio
             .
             ff
             .
             de
             annuis
             legatis
             .
             &
             l.
             illis
             libertis
             .
             in
             fin
             .
             ff
             de
             Condit
             .
             &
             demon
             .
             ar●
             .
             7.
             
          
           
             c
             L.
             qui
             operas
             .
             &
             l.
             si
             aedes
             .
             §.
             cum
             quidam
             .
             &
             §.
             fin
             .
             ff
             .
             locati
             .
          
           
             d
             L.
             Sed
             &
             addes
             .
             in
             §.
             Si
             quis
             mulierem
             .
             ff
             .
             Locat
             .
          
           
             e
             Paul.
             in
             l.
             si
             uno
             .
             in
             §.
             cum
             quidam
             .
             &
             §.
             ubicunque
             ff
             .
             locat
             .
             &
             Sign
             .
             de
             Homod
             .
             Consil
             .
             195.
             nu
             .
             6.
             
          
           
             f
             L.
             penult
             .
             §.
             novem
             .
             ff
             .
             Locat
             .
          
           
             g
             Bald.
             in
             L.
             certi
             juris
             .
             in
             4.
             q.
             in
             verb.
             Quid
             ergo
             .
             Cod.
             Locat
             .
          
           
             h
             L.
             Qui
             Romae
             .
             §.
             Callimachus
             .
             ff
             .
             de
             verb.
             Obl.
             
          
           
             i
             Ang.
             Alex.
             &
             Jason
             in
             dict
             .
             §.
             Callimachus
             .
          
           
             k
             L.
             Relegati
             .
             st
             .
             de
             poenis
             .
             &
             l.
             ult
             .
             ff
             .
             de
             Sep.
             Viol.
             
          
           
             l
             L.
             2.
             
             §.
             Si
             quis
             in
             mari
             .
             ff
             .
             Ne
             quid
             in
             loc
             .
             publ
             .
             &
             §.
             &
             quidem
             .
             Inst
             .
             de
             rerum
             .
             divi
             .
             &
             l.
             uni
             .
             ff
             .
             Ut
             in
             flum
             .
             pub
             .
             navigate
             licear
             .
          
           
             m
             Angel.
             Consil
             .
             290.
             
             &
             Veronensis
             .
          
           
             n
             Bellissime
             .
             Seld.
             de
             Mar.
             Claus
             .
          
           
             o
             ff
             .
             ad
             Leg.
             Rhod.
             de
             jactu
             .
             l.
             2.
             
             §.
             si
             Navis
             à
             Piratis
             .
          
           
             p
             Dict.
             §.
             si
             Navis
             à
             Piratis
             .
             &
             ibid.
             Juan
             .
             de
             Heuia
             lib.
             3.
             p.
             2.
             
             Cur.
             Philae
             .
             Naufragio
             .
             13.
             nu
             .
             18.
             
          
           
             q
             Leg.
             Wisbicens
             .
             art
             .
             20
             ,
             21
             ,
             38
             ,
             39.
             
          
           
             r
             ff
             .
             ad
             Leg.
             Rhod.
             l.
             2.
             
             §.
             Si
             con●c●vatis
             .
             
               The
               persons
               of
               m●n
               ,
               wearing
               appa
               el
               ,
               and
               the
               Ships
               provisions
               are
               exempt
               from
               Contribution
               .
            
          
           
             Some
             are
             of
             opinion
             that
             the
             goods
             saved
             are
             to
             be
             valued
             as
             they
             may
             be
             sold
             for
             ,
             but
             the
             goods
             lost
             as
             they
             were
             bought
             .
          
           
             
               Goods
               cast
               overboard
               to
               lighten
               the
               ship
               makes
               no
               Der●lict
               ,
            
             §.
             ult
             .
             Inst
             .
             de
             Rer.
             Divis
             .
             &
             l.
             9.
             
             §.
             ult
             .
             de
             acqrer
             .
             dom
             .
          
           
             s
             ff
             .
             ibid.
             l.
             navis
             .
             §.
             cum
             autem
             .
          
           
             t
             Lusi
             Sernus
             .
             27.
             
             §.
             &
             Si.
             23.
             
             Ad
             Leg.
             Aquil.
             
          
           
             v
             L.
             Navis
             .
             ff
             .
             Ad.
             Leg.
             Rhod.
             de
             jactu
             .
          
           
             Demosthen
             .
             in
             orat
             .
             in
             Aristogit
             .
          
           
             w
             Grot.
             de
             jur
             .
             Bel.
             lib.
             3.
             cap.
             2.
             nu
             .
             2.
             
          
           
             x
             Ne
             alius
             pro
             alterius
             debito
             &
             paena
             teneatur
             .
             Auth.
             &
             omnino
             ,
             Ne
             Uxor
             Marito
             C.
             l.
             providendum
             .
             de
             Decurio
             .
             li●
             .
             19.
             c.
             titu
             .
             Ne
             fil
             .
             pro
             patre
             .
             Auth.
             imo
             .
             C.
             de
             acti
             .
             Cum
             Similib
             .
          
           
             y
             C.
             Si
             Sententiae
             .
             c.
             16.
             de
             Sent.
             Excom
             .
             in
             6.
             
             Constir
             .
          
           
             z
             L.
             qui
             restituere
             .
             De
             rei
             vindicat
             .
          
           
             Hom.
             Iliad
             .
             2.
             
          
           
             Gregor
             .
             lib.
             9.
             
          
        
         
           Notes for div A42930-e6730
           
             a
             Lupus
             de
             Magistr
             .
             Paul.
             Emil.
             Hist
             .
             de
             Fran.
             Guaguin
             .
             &
             Morisor
             .
             lib.
             2.
             c.
             3.
             de
             Orbe
             Maritimo
             .
          
           
             b
             Morisot
             .
             ib.
             lib.
             2.
             cap.
             7.
             
          
           
             c
             Spelm.
             Gloss
             .
             verb.
             Admiral
             .
          
           
             d
             Petr.
             Cothereau
             .
             in
             suo
             Schedul
             .
             Magistr
             .
             Civil
             .
             tit
             .
             de
             Praesibus
             Provin
             .
             &
             Purpur
             .
             in
             l.
             1.
             col
             .
             30.
             9.
             
             Exemp
             .
             Dig.
             de
             Offic.
             ejus
             cui
             mandata
             ,
             &c.
             
             Cassanae
             in
             Catalog
             .
             Glor.
             Mund.
             part
             .
             9.
             
             Consid
             .
             16.
             
          
           
             e
             Morisot
             .
             Orb.
             Marit
             .
             lib.
             2.
             cap.
             3.
             
          
           
             Anno
             1216.
             in
             H.
             3.
             
             Matth.
             Paris
             ,
             viz.
             
               In
               the
               Wars
               between
               the
            
             Christians
             
               and
               the
            
             Sarazens
             
               in
               the
               Land
               of
               Promise
               ,
               That
            
             John
             
               K.
               of
            
             Hierusalem
             
               with
               Christs
            
             Militia
             Castellanum
             ab
             equo
             stravit
             ,
             &
             Admiraldum
             unum
             .
          
           
             Admiraldum
             capio
             pro
             Centurione
             sive
             Capitanio
             ,
             
               says
               the
               Glossar
               .
               on
               that
               word
               ,
               in
               that
               place
               .
               And
               the
               said
            
             Matth.
             Par.
             Anno
             1244.
             in
             H.
             3.
             viz.
             Potestas
             Januae
             ,
             quem
             Admiratum
             vocant
             .
             
               The
               Gloss
               .
               there
            
             ,
             viz.
             Ille
             Potestas
             ,
             Podesta
             ,
             sive
             Praetor
             urbanus
             ,
             Nunc
             dierum
             Admirallii
             sive
             Thalassia●chae
             munere
             fungebatur
             .
          
           
             f
             This
             Rob.
             the
             Monk
             
               was
               one
               of
               K.
            
             Johns
             
               three
               Emissaries
               to
            
             Miramulalim
             
               K.
               of
            
             Morocco
             ,
             
               to
               signifie
               his
               pleasure
               to
               him
               ,
               how
               ready
               he
               was
               to
               resign
               his
               Kingdome
               .
            
          
           
             g
             Fragm
             .
             Hist
             .
             Aquit
             .
          
           
             h
             Leon.
             Marsic
             .
             in
             casinens
             .
             Hist
             .
             lib.
             3.
             cap.
             44.
             
          
           
             About
             Anno
             1213.
             
               when
               K.
            
             John
             sent
             Thomas
             Her●inton
             ,
             Ralph
             Nicholson
             ,
             and
             Robert
             the
             Monk
             
               to
               the
               K.
               of
            
             Morocco
             ,
             
               we
               read
            
             Misir
             Nuncios
             ad
             Admirallium
             Murmelium
             ,
             Regem
             Magnum
             Aphricae
             ,
             Marrochiae
             ,
             &
             Hispaniae
             ,
             quem
             Vulgus
             Miramumelinum
             vocat
             .
          
           
             Matth.
             Par.
             in
             Johannem
             Reg.
             
          
           
             Ita
             ,
             sed
             satis
             Corrupte
             ,
             Regem
             Moroccae
             indigitarunt
             Nostrates
             .
             Sed
             Corruptius
             adhuc
             Roger.
             Hovedin
             .
             Almiramisi
             sive
             Almiramimoli
             .
          
           
             Hovedin
             .
             pars
             poster
             .
             in
             R.
             1.
             pag.
             381.
             
          
           
             Drungarius
             Magn.
             Fragm
             .
             Ascripr
             .
             Polybio
             .
          
           
             i
             Matth.
             Paris
             in
             R.
             1.
             
             Circa
             dies
             istos
             Rex
             de
             Maroch
             .
             potentissimus
             ,
             quem
             Mirabilem
             mundi
             Vulgus
             ,
             vel
             quod
             melius
             ,
             Admiralium
             Murmulin
             ,
             id
             est
             ,
             Admiralium
             Bellicosum
             &
             Victoriosum
             nominavit
             .
          
           
             Et
             An.
             988.
             
             Otho
             .
             3.
             
             Imp.
             German
             .
             cognomin
             .
             
               Otho
               Rufus
            
             ,
             iste
             cognominabatur
             Mirabilia
             Mundi
             .
          
           
             Sif●rid
             .
             Epit.
             lib.
             1.
             p.
             689.
             
          
           
             k
             Glossar
             .
             in
             Matth.
             Paris
             in
             verb.
             Admiral
             .
          
        
         
           Notes for div A42930-e8830
           
             Gen.
             1.
             26.
             
          
           
             Gen.
             6.
             14.
             
             &
             7.
             24.
             
             &
             8.
             3
             ,
             4.
             
             
               The
               Antiquity
               of
               Navigation
            
             .
          
           
             a
             Fazel
             .
             li.
             1.
             
             Decad.
             2.
             
             Rer.
             Sicul.
             &
             Morisot
             .
             Hist
             .
             Orb.
             Marit
             .
             l.
             1.
             c.
             1.
             
          
           
             b
             Sabellic
             .
             Aenead
             .
             1.
             l.
             1.
             
             &
             4.
             
             Plutarch
             .
             in
             Theseo
             .
          
           
             c
             Thucid.
             l.
             1.
             c.
             1.
             
          
           
             d
             Moris
             .
             Ubi
             supra
             .
          
           
             e
             Greg.
             Gemist
             .
             lib.
             1.
             
             Rer.
             Graec.
             
          
           
             The
             Antiquity
             of
             the
             Sea-Laws
             ,
             or
             Laws
             of
             the
             Admiralty
             .
          
           
             f
             Leg.
             Rhod.
             in
             Leunela
             .
             Jus
             Graec.
             Rom.
             Tom.
             2.
             
          
           
             g
             Gloss
             .
             mag
             .
             in
             l.
             1.
             ff
             .
             Ad
             Leg.
             Rhod.
             &
             in
             Decre
             .
             dist
             .
             2.
             c.
             Rhodiae
             .
          
           
             h
             L.
             depraedatio
             .
             ff
             .
             Ad
             Leg.
             Rhod.
             &
             Le.
             unclavius
             .
             Ubi
             supra
             ,
             in
             Leg.
             Rhod.
             
          
           
             i
             Leuncla
             .
             in
             prin
             .
             LL.
             Rhod.
             
          
           
             Tibullus
             .
          
           
             l
             Herodot
             .
             Terpsi
             .
          
           
             m
             Diodor.
             l.
             5.
             c.
             15.
             
          
           
             n
             Morisor
             .
             in
             Orb.
             Marit
             .
             l.
             1.
             c.
             1.
             
          
           
             o
             Strabo
             l.
             16.
             
          
           
             p
             Andr.
             Masius
             in
             Jos
             .
             5.
             
          
           
             q
             Dionys
             .
             Afric
             .
             in
             vers
             .
          
           
             Ezek.
             cap.
             26.
             27.
             
          
           
             cap.
             27.
             v.
             3.
             
          
           
             cap.
             27.
             ver
             .
             5
             ,
             to
             9.
             
          
           
             r
             Herodot
             .
             l.
             1.
             
             &
             Plin.
             l.
             5.
             c.
             5.
             
             &
             19.
             
             &
             Athenaeus
             Deipn
             .
             l.
             1.
             
          
           
             s
             Morisot
             .
             ubi
             supra
             .
             The
             Egpptians
             
               used
               to
               coast
               the
               shores
               of
               the
               Red
               Sea
               upon
               Rafts
               ,
               divided
               by
               King
            
             Erythrus
             .
          
           
             t
             Plin.
             Nat.
             Hist
             .
             l.
             7.
             
          
           
             u
             Dom.
             Nig.
             
          
           
             w
             Ramus
             .
          
           
             x
             Diodor.
             Sicul.
             l.
             5.
             c.
             7.
             
             Gen.
             Chron.
             &
             Dom.
             Nig.
             
          
           
             y
             Morisot
             .
             Orb.
             Marit
             .
             l.
             1.
             cap.
             16.
             
             &
             Polyb.
             Plin.
             Aurel.
             Victor
             .
             Livie
             ,
             Sabel
             .
             Ennead
             .
             Val.
             Max.
             Sigon
             .
             Lucius
             Florus
             ,
             &
             alii
             .
          
           
             Dan.
             7.
             7
             ,
             19
             ,
             20.
             
          
           
             Vid.
             Annot.
             in
             Dan.
             per
             Theolog
             .
             Conv.
             Edit
             .
             an
             .
             1651.
             
          
           
             
               The
               Readers
               of
               the
               Lecture
               for
               the
            
             Art
             of
             Navigation
             at
             Sivil
             
               have
               published
               divers
               Treatises
               concerning
            
             Marine
             Causes
             ,
             viz.
             Hieronymo
             de
             Chavez
             .
             Alonzo
             de
             Chavez
             ,
             &
             Rodorigo
             Zamerano
             .
          
           
             z
             Consul
             .
             del
             mare
             .
          
           
             a
             Thucid.
             Libanius
             ,
             cels
             .
             Rhod.
             21.
             c.
             3.
             
          
           
             b
             Herod
             .
             6.
             
             Thucid.
             4.
             
             &
             Demosth
             .
             pro
             Clesiph
             .
          
           
             c
             Moris
             .
             Orb.
             Mar.
             l.
             2.
             c.
             5.
             ubi
             Zonarus
             ,
             Codinus
             ,
             Bulenger
             .
             Imp.
             Rom.
             l.
             4.
             c.
             35.
             
          
           
             d
             Vopiscus
             .
          
           
             e
             Curopalates
             in
             Official
             .
             Aulae
             Constant
             .
             vixit
             an
             .
             cir
             .
             1059.
             
          
           
             f
             Huntindon
             .
             qui
             sub
             Steph.
             Reg.
             1148.
             floruit
             &
             Sigeberti
             Auctuar
             .
          
           
             g
             Rupertus
             aliis
             Robertus
             Monachus
             vixit
             An.
             1095.
             
             Hist
             .
             suae
             de
             Bello
             Saracenico
             ,
             l.
             4.
             
             
               These
               are
               the
               same
               twelve
            
             Amiralios
             
               mentioned
               by
            
             Huntindon
             .
          
           
             h
             Robertus
             ,
             ibid.
             l.
             5.
             in
             prin
             .
             &
             Turpinus
             Archiep.
             qui
             floruit
             an
             .
             803.
             lib.
             de
             Gest
             .
             Caroli
             Mag.
             cap.
             17.
             
             
               [
               Si
               illus
               sit
               ]
               says
               the
               Learned
               Sir
            
             H.
             Sp.
             
               in
               his
               day
               ,
               and
               we
               in
               ours
               .
            
          
           
             i
             Auth.
             Fra●
             .
             Hist
             .
             Aquitan
             .
          
           
             k
             Monstreletus
             .
          
           
             l
             Sigebert
             .
             in
             suis
             Chron.
             an
             .
             630.
             
             Chro.
             de
             Flandr
             .
             c.
             16.
             
             &
             46.
             
          
           
             m
             Theophanes
             .
             in
             Chronico
             ,
             à
             Moursio
             citatus
             .
          
           
             n
             Turpin
             .
             Hist
             .
             de
             Charlemaigne
             ,
             cap.
             17.
             
             &
             20.
             
          
           
             o
             L.
             9.
             
             Depr●catio
             ,
             Di●
             .
             ●d
             Leg
             Rhod.
             de
             Jact●
             .
          
           
             p
             C.
             Rhodiae
             ,
             2.
             
             Distinct
             .
          
           
             q
             Aul.
             Gell.
             l.
             7.
             
             Noct.
             Attic
             .
             cap.
             3.
             
             &
             Fred.
             Pruckman
             in
             sect
             .
             Soluta
             Potestas
             ,
             cap.
             3.
             nu
             .
             134.
             usque
             ad
             nu
             .
             149.
             p.
             186.
             
          
           
             Comes
             Maris
             .
          
           
             r
             Morisot
             .
             Orb.
             Mar.
             l.
             2.
             c.
             7.
             in
             prin
             .
          
           
             s
             Idem
             l.
             2.
             c.
             9.
             in
             prin
             .
          
           
             t
             Bernard
             .
             Girard
             .
             de
             Stat.
             &
             Succes
             .
             rer
             .
             Galliae
             l.
             4.
             2.
             
             Calais
             .
             Admirallus
             seu
             Comes
             maris
             in
             Gallia
             ,
             post
             Conestabilem
             praefertur
             .
          
           
             An.
             cir
             .
             1280.
             
          
           
             An.
             cir
             .
             1356.
             
          
        
         
           Notes for div A42930-e13480
           
             *
             Gerard.
             An●iens
             .
             Archiepiscop
             .
             Bernard
             .
             Baon
             .
             Episc
             .
             Robertus
             de
             Sabul
             .
             Richardus
             de
             Canvil
             .
             Williel
             .
             de
             Forz
             de
             Ulerum
             (
             opinatur
             )
             Oleron
             .
          
           
             a
             Spelm.
             Glos
             .
             ex
             Hovendeno
             .
             An.
             Domini
             1264.
             
          
           
             An.
             Domini
             1286.
             
          
           
             An.
             Domini
             1295.
             
          
           
             An.
             Domini
             1325.
             
          
           
             b
             
               Spelm.
               Glossar
               .
               verb.
               Admiralius
               .
               In
               temp
               .
               W.
               1.
               
               Odo
               Admiralius
               .
            
             
               Ita
               Spelm.
               Gloss
               .
               De
               Admiralio
               Gall.
               An.
               1142.
               
            
          
           
             c
             
               Edessa
               ,
               
                 A
                 Town
                 in
              
               Mesopotamia
               ,
               
                 anciently
                 called
              
               Antioch
               ,
               
                 one
                 side
                 of
              
               Euphrates
               .
               Edessa
               ,
               Macedoniae
               urbs
               in
               Aemathia
               Regione
               .
            
             
               Ortelii
               Thesaur
               .
               Geogra
               .
            
          
           
             Seldeni
             Mar.
             Claus
             .
             seu
             de
             Domin
             .
             Maris
             ,
             &
             Boroughs
             
               Soveraign
               .
               of
               the
               Seas
            
             .
          
           
             d
             
               Spelm.
               Consil
               .
               p.
               414.
               
               Leges
               Ecclesiasticae
               
                 Hoeli
                 Dha
              
               (
               id
               est
               ,
               Boni
               )
               Regis
               seu
               Principis
               totius
               Walliae
               ,
               è
               Secularibus
               suis
               Mss.
               decerptae
               ,
               ci●
               .
               an
               .
               928.
               
            
             
               Malmesb.
               de
               Regib
               .
               l.
               2.
               c.
               8
               ▪
               Marthusius
               Archiparata
               (
               id
               est
               ,
               Princeps
               Nautarum
               )
               ita
               Spelm.
               Gloss
               .
               Rex
               Angliae
               Soli
               &
               Sali
               Orbis
               Brittanici
               Dominus
               .
            
          
           
             Bald.
             Consil
             .
             51.
             
             &
             Tusch
             .
             Concl.
             87.
             verb.
             m●●e
             .
          
           
             f
             Larreae
             Decis
             .
             Granat
             .
             Disp
             .
             4.
             nu
             .
             32.
             
             &
             Leg.
             unic
             .
             fect
             .
             sed
             neque
             .
             cod
             .
             de
             vet
             .
             jur
             .
             enucleando
             .
          
           
             g
             
               Tearms
               of
               Law
            
             ,
             verb.
             Admiral
             .
          
           
             h
             Ibid.
             
          
           
             i
             Coke
             part
             .
             1.
             
             Instit
             .
             l.
             1.
             c.
             1.
             
             Sect.
             3.
             &
             lib.
             3.
             cap.
             7.
             
             Sect.
             439.
             
          
           
             k
             Caes
             .
             Com.
             de
             Bel.
             Gall.
             l.
             4.
             fo
             .
             72.
             
          
           
             l
             Ibid.
             l.
             3.
             fo
             .
             53.
             
          
           
             m
             Ex
             Charta
             fundationis
             Eccesiae
             Cathed
             .
             Wigor
             .
             cit
             .
             per
             Sir
             Tho.
             Boroughs
             
               in
               his
               Soveraignty
               of
               the
               British
               Seas
               ,
            
             p●
             .
             21.
             
          
           
             n
             Ranulphus
             Cestrensis
             .
          
           
             
               In
               Temp.
               H.
               3.
               
               Rich.
               de
               Lucy
               had
               maritimam
               Angliae
               ,
               &
               Tho.
               Moleton
               was
               Capit
               .
               &
               Custos
               M●ris
               ▪
            
             
               Spelm.
               Glos
               .
            
          
           
             Record
             in
             the
             Tower
             of
             London
             .
          
           
             
               Jurisdictionem
               cujusvis
               Judicis
               impediens
               ab
               co
               puniri
               potest
               ,
               &
               coerceri
               ,
               licet
               ejus
               subditi
               non
               sint
               .
            
             
               Bart.
               &
               Alex.
               in
               L.
               Omnibus
               .
               Sect.
               is
               videtur
               .
               D.
               Si
               quis
               jus
               dic
               .
               non
               obtemp
               .
               &
               Larrea
               .
               Decis
               .
               Gran.
               Disput
               .
               1.
               nu
               .
               13.
               
            
          
           
             
               Jurisdictione
               concessa
               ,
               censetur
               concessum
               Imperium
               mistum
               ,
               h.
               e.
               potestas
               Exequendi
               .
               Quoniam
               ca
               concessa
               ,
               censentur
               etiam
               tradita
               ea
               sine
               quibus
               Exerceri
               non
               potest
               .
            
             
               Carbo
               de
               Legib.
               lib.
               11.
               
               Disp
               .
               10.
               pag.
               503.
               
               Lit.
               c.
               
            
          
           
             
               Where
               the
            
             Place
             
               is
               the
               Foundation
               ,
               it
               is
               more
               then
               a
               bare
               Circumstance
               .
            
          
           
             
               It
               may
               not
               be
               hence
               imagined
               but
               that
               it
               is
               as
               legal
               at
               Common
               Law
               to
               surmise
               in
               a
               Declaration
               an
               act
               possibly
               done
               at
               Sea
               to
               be
               indeed
               done
               at
               Land
               :
               As
               at
               the
               Admiralty
               ,
               to
               alledge
               in
               a
               libel
               an
               act
               possibly
               done
               at
               Land
               ,
               to
               be
               indeed
               done
               at
               Sea
               ,
            
             vel
             infra
             Jurisdictionem
             maritimam
             .
          
           
             A
             
               Concurrency
               of
               Jurisdiction
               seems
               to
               imbly
               a
               Divisibility
               thereof
               .
               But
            
             Jurisdictio
             est
             quid
             Incorporale
             ,
             nec
             divisionem
             recipit
             nec
             patitur
             .
             Dur.
             Spec.
             l.
             4.
             de
             praescript
             .
             nu
             .
             22.
             
          
           
             Car.
             Richlieu
             .
          
           
             Purch
             .
          
        
         
           Notes for div A42930-e16980
           
             a
             Peregrin
             .
             de
             jur
             .
             Fisc
             .
             lib.
             1.
             tit
             .
             1.
             nu
             .
             10.
             
          
           
             b
             L.
             Deprecatio
             ,
             Dig.
             ad
             Leg.
             Rhod.
             de
             Jact
             .
          
           
             c
             Bart.
             in
             L.
             1.
             
             Par.
             de
             quare
             .
             D.
             de
             Postul
             .
             &
             in
             L.
             infamem
             .
             D.
             de
             Public
             .
             Judic
             .
          
           
             d
             Bald.
             Consil
             271.
             num
             .
             3
             
          
           
             e
             Ibid.
             Consil
             .
             327.
             nu
             .
             7.
             
          
           
             f
             Andr.
             Iser
             .
             &
             Afflict
             .
             in
             cap.
             1.
             de
             Vassal
             .
             decrept
             .
             aetat
             .
          
           
             g
             Jason
             Jac.
             de
             Are.
             &
             Bald.
             in
             l.
             2.
             ff
             .
             de
             Rer.
             Devis
             .
          
           
             h
             Glos
             .
             in
             verb.
             Criminalibus
             ,
             in
             tit
             .
             de
             pace
             .
             Constan
             .
             Bald.
             in
             Auth.
             Cassa
             .
             Cod.
             de
             Sacr.
             Sanct.
             Eccl.
             Alex.
             Con●
             .
             8.
             col
             .
             1.
             
             Cagnol
             .
             in
             L.
             2.
             de
             Orig
             .
             jur
             .
             nu
             .
             190
             
          
           
             Li
             Consoli
             del
             mare
             .
          
           
             Ten
             days
             by
             the
             Law.
             Fifteen
             days
             by
             the
             Stat.
             
          
           
             
               Whales
               ,
               Sturgeons
               ,
               Porpoises
               ,
               Bailines
               ,
               Dolphins
               ,
               and
               all
               Fishes
               strange
               for
               bulk
               ,
               rarity
               ,
               or
               quality
               ,
               are
               called
            
             Fishes
             Royal
             ,
             
               and
               belong
               to
               the
               King.
            
             
          
           
             Bald.
             ad
             Leg.
             2
             D.
             de
             Rer.
             Divi●
             .
          
        
         
           Notes for div A42930-e18090
           
             a
             Val.
             Forst
             .
             Hist
             .
             Jur.
             Civil
             .
             l.
             3.
             c.
             40.
             
          
           
             b
             Ibid.
             c.
             32.
             
          
           
             c
             Jason
             .
             in
             ff
             .
             de
             Jurisdict
             .
             Om.
             Jud.
             Rub.
             nu
             .
             1.
             
          
           
             De
             Legibu●
             
          
           
             L.
             1.
             
             De
             Legibus
             .
          
           
             L.
             in
             t
             .
             Cler.
             C.
             de
             Sum.
             Trin.
             
          
           
             Cic.
             Phil.
             11.
             
             L.
             2.
             ff
             .
             de
             Legib
             .
          
           
             Coel.
             Rhod.
             l.
             18.
             c.
             19.
             
          
           
             Plat.
             in
             Min.
             
          
           
             Rom.
             2.
             14
             ,
             15
             
          
           
             Tusc
             .
             1.
             
          
           
             11.
             4.
             17.
             
          
           
             ●●mnes
             pop
             .
             ●f
             .
             de
             just
             .
             &
             ●ure
             .
          
           
             Gen.
             4.
             
          
           
             d
             In
             Arb.
             Jurisd
             .
             lit
             .
             a.
             
          
           
             e
             Inst
             .
             jur
             .
             Civil
             .
             in
             Proem
             .
             Par.
             quorum
             .
          
           
             f
             Ferrand
             .
             l.
             1.
             
             Explicat
             .
             in
             lib.
             3.
             
             Jurisdict
             .
          
           
             g
             L.
             potestas
             .
             De
             verb.
             Sig.
             
          
           
             h
             L.
             1.
             
             Par.
             hujus
             ,
             ff
             .
             de
             Just
             .
          
           
             i
             L.
             munerum
             .
             Par.
             judicandi
             ,
             ff
             .
             de
             Muneribus
             .
          
           
             k
             L.
             placui●
             .
             Cod.
             de
             Judiciis
             .
          
           
             l
             L.
             1.
             ff
             .
             de
             Jurisd
             .
             &
             Jas
             .
             in
             Rub.
             &
             l.
             10
             nu
             .
             10.
             ibid.
             
          
           
             m
             Bart.
             in
             Arb.
             Jurisd
             .
             lit
             .
             c.
             
          
           
             n
             Corvin
             .
             de
             Jurisd
             .
             &
             Fulgos
             ,
             l.
             3.
             de
             Jurisd
             .
             nu
             .
             1.
             
          
           
             o
             Bart.
             ubi
             supra
             .
          
           
             p
             Bart.
             ib.
             
          
           
             1.
             
          
           
             q
             L.
             1.
             ff
             .
             de
             Const
             .
             Princip
             .
          
           
             r
             Cacialup
             .
             in
             L.
             Imperium
             ,
             ff
             .
             de
             jurisd
             .
             om
             .
             Jud.
             
          
           
             s
             Jun.
             &
             alii
             in
             C.
             cum
             Pub.
             Tabellio
             ,
             de
             fin
             .
             just
             .
             &
             Bald.
             in
             tit
             .
             de
             Jurisd
             .
             om
             .
             Jud.
             
          
           
             2.
             
          
           
             t
             Bart.
             ubi
             supra
             ,
             lit
             .
             c.
             
          
           
             u
             Bart.
             de
             Jurisd
             .
             nu
             .
             8.
             
          
           
             3.
             
          
           
             w
             Ibid.
             nu
             .
             9.
             
          
           
             x
             Jas
             .
             in
             l.
             3.
             ff
             .
             de
             Jurisd
             .
             nu
             .
             24.
             in
             prin
             .
          
           
             y
             Cyn.
             in
             l.
             si
             quis
             non
             dicā
             .
             q.
             19.
             
             C.
             de
             Episc
             .
             &
             Cler.
             &
             in
             L.
             Transigere
             ,
             q.
             4.
             c.
             de
             Transact
             .
          
           
             z
             Jas
             .
             ubi
             sup
             .
          
           
             4.
             
          
           
             a
             Bart.
             &
             Jas
             .
             ibid.
             &
             l.
             nulli
             ,
             C.
             de
             sent
             .
          
           
             1
             King.
             c.
             2.
             v.
             8
             ,
             36
             ,
             &c.
             
          
           
             b
             L.
             Si
             quid
             erit
             ,
             ff
             .
             de
             Offic
             .
             Procons
             .
          
           
             5.
             
          
           
             c
             Bart.
             ibid.
             &
             l.
             magistratib
             .
             ff
             .
             de
             Jurisd
             .
          
           
             d
             Bart.
             ibid.
             
          
           
             e
             L.
             fin
             .
             C.
             de
             modo
             Mulct
             .
             &
             l.
             1.
             ff
             .
             si
             quis
             jus
             dicen
             .
             ō
             .
             obtemp
             .
             &
             l.
             2.
             
             C.
             de
             Sportul
             .
          
           
             Imperium
             Mixtum
             .
          
           
             f
             Bart.
             ibid.
             nu
             .
             15.
             
          
           
             g
             In
             l.
             Imperium
             ,
             nu
             .
             27.
             ff
             .
             de
             Jurisd
             .
             om
             .
             Jud.
             
          
           
             h
             L.
             2.
             
             C.
             de
             his
             qui
             veniam
             aetatis
             impet
             .
          
           
             i
             L.
             8.
             ff
             .
             de
             Jurisd
             .
          
           
             k
             Bart.
             ibid.
             nu
             .
             17.
             
          
           
             l
             L.
             2.
             
             C.
             de
             his
             qui
             ven
             .
             aetat
             .
             impet
             .
          
           
             m
             Caius
             in
             l.
             2.
             tit
             .
             de
             Adop
             .
          
           
             n
             Ibid.
             
          
           
             o
             Auth.
             quibus
             mod
             .
             Nat.
             effic
             .
             legit
             .
             Par.
             illud
             .
          
           
             p
             Flet.
             lib.
             1.
             cap.
             7.
             
             Par.
             idem
             emancipat
             .
             &
             Cowel
             .
             Instit
             .
             jur
             .
             Angl.
             l.
             1.
             c.
             12.
             
             Par.
             2.
             
          
           
             q
             L.
             1.
             
             C.
             de
             sen
             .
             Praef.
             &
             Auth.
             Quae
             supplicatio
             .
             C.
             de
             Praecib
             .
             imper
             .
             Off.
             &
             Barr.
             ubi
             sup
             .
             nu
             .
             18.
             &
             in
             Arb.
             Jurisd
             .
             lit
             .
             m.
             
          
           
             r
             C.
             ex
             Literis
             .
             De
             Integ
             .
             Restitut
             .
          
           
             s
             L.
             1.
             ff
             .
             de
             Offic.
             Praef.
             Praetor
             .
          
           
             t
             L.
             ea
             quae
             Par.
             Magistratib
             .
             ff
             .
             ad
             Municipalem
             .
          
           
             u
             Bart.
             Fulgos
             ,
             &
             alii
             ubi
             supra
             .
          
           
             w
             Fulgos
             ,
             in
             L.
             Imperium
             .
             ff
             .
             de
             Jurisd
             .
             om
             .
             jud
             .
             nu
             .
             40.
             
          
           
             x
             Casus
             in
             glos
             .
             in
             l.
             1.
             ff
             .
             de
             Carbon
             .
             Edict
             .
          
           
             y
             Bart.
             in
             L.
             Imperium
             .
             ff
             .
             de
             jurisd
             .
             om
             .
             jud
             .
             nu
             .
             22.
             
          
           
             z
             Salyc
             .
             &
             Rubr.
             l.
             2.
             
             De
             Pedan
             .
             Judic
             .
          
           
             Jurisdictio
             Simplex
             .
          
           
             a
             Barr.
             ubi
             sup
             .
             nu
             .
             23.
             
             Jas
             .
             ubi
             sup
             .
             nu
             .
             31.
             
             Fulg.
             de
             Jurisd
             .
             om
             .
             jud
             .
             nu
             .
             42.
             
          
           
             b
             Jas
             .
             in
             L.
             Imperium
             ,
             ff
             .
             de
             jurisd
             .
             om
             .
             jud
             .
          
           
             c
             Rub.
             in
             ff
             .
             de
             Lib.
             Caus
             .
             &
             l.
             42.
             
             §
             1.
             ff
             .
             Sol.
             Ma
             rim
             .
             &
             l.
             32.
             §
             liberali
             ,
             st
             .
             De
             Receptis
             ,
             qui
             arb
             .
             receper
             .
          
           
             d
             L.
             placet
             .
             C.
             de
             Pedan
             .
             Jud.
             
          
           
             e
             Rub.
             &
             glos
             .
             de
             Lib.
             Caus
             .
             &
             Fulg.
             in
             l.
             Imperium
             ,
             ff
             .
             de
             Jurisd
             .
             nu
             .
             44.
             
          
           
             f
             Defin.
             Jur.
             nu
             .
             18.
             ff
             .
             de
             Jurisd
             .
             &
             C.
             ex
             ratione
             .
             De
             Appell
             .
             &
             Jason
             .
             sup
             .
             nu
             .
             31.
             
          
           
             g
             Fulg.
             ubi
             sup
             .
          
           
             h
             Rub.
             &
             glos
             .
             min.
             ff
             .
             deLiber
             .
             Caus
             .
             &
             Bart.
             ubi
             sup
             .
             nu
             .
             24.
             
          
           
             i
             Bart.
             Jas
             .
             &
             Fulg.
             ubi
             sup
             .
             nu
             .
             43.
             
          
           
             k
             L.
             quicunque
             C.
             de
             Ser.
             Fug
             .
             &
             l.
             Divus
             ,
             ff
             .
             de
             Injuriis
             .
          
           
             l
             Desin
             .
             Jurisd
             .
             nu
             .
             19.
             ff
             .
             de
             Jurisd
             .
          
           
             m
             Fulg.
             ubi
             sup
             .
             nu
             .
             42.
             
          
           
             n
             DD.
             ib.
             
          
           
             o
             Calvin
             .
             ver
             .
             Aureus
             .
          
           
             p
             Tacit.
             l.
             17.
             de
             Othone
             .
          
           
             q
             Godw.
             Rom.
             Hist
             .
             li.
             3.
             
             Sect.
             4.
             cap.
             3.
             
          
           
             r
             Bart.
             ubi
             sup
             .
             nu
             .
             26.
             
             &
             Jas
             .
             ibid.
             nu
             .
             32.
             
          
           
             s
             Bart.
             ibid.
             
          
           
             t
             Fulg.
             ubi
             sup
             .
             nu
             .
             44.
             
          
           
             u
             Jas
             .
             ib.
             nu
             .
             32.
             
          
           
             w
             L.
             1.
             §
             fin
             .
             ff
             .
             de
             jur
             ,
             elib.
             d
             
          
           
             x
             Bart.
             in
             l.
             interdum
             .
             §
             qui
             furem
             ,
             ff
             .
             de
             Furt.
             
          
           
             y
             Anth.
             de
             Test
             .
             §
             Si
             vero
             ignoti
             ,
             col
             .
             7.
             
          
           
             z
             Ang.
             &
             Jason
             .
             in
             L.
             Imperium
             ,
             ff
             .
             de
             Jurisd
             .
          
           
             a
             Panor
             .
             in
             cap.
             Cum
             contingat
             .
             col
             .
             5.
             
             De
             Foro
             Competent
             .
          
           
             b
             Alb.
             Bald.
             Sal.
             Alex.
             Jas
             .
             in
             dict
             .
             Imperium
             .
          
           
             c
             Definit
             .
             Jurisd
             .
             nu
             .
             ult
             .
             ff
             .
             de
             Jurisd
             .
          
           
             d
             L.
             2.
             ff
             .
             De
             Offic.
             Procons
             .
          
           
             e
             Spec.
             de
             Jurisd
             .
             in
             prin
             .
          
           
             f
             Bart.
             in
             L.
             Imperium
             .
             ff
             .
             De
             Jurisd
             .
             om
             .
             Jud.
             nu
             .
             26.
             
          
           
             g
             L.
             Si
             Convenerit
             .
             ff
             .
             eod
             .
             &
             l.
             sed
             &
             si
             .
             ff
             .
             de
             Precario
             .
          
           
             h
             Omphal
             .
             l.
             1.
             
             Civil
             .
             Polit.
             cap.
             105.
             nu
             .
             14.
             
             &
             L.
             Lucio
             .
             ff
             .
             de
             Aqu.
             quot
             .
             &
             aestiv
             .
             &
             Ang.
             in
             l.
             2.
             §
             ex
             his
             .
             ff
             .
             de
             verb.
             Sig.
             
          
           
             i
             Car.
             Tap.
             in
             ff
             .
             de
             Const
             .
             Prin.
             cap.
             4.
             nu
             .
             10.
             
             &
             Marant
             .
             Distinct
             .
             nu
             .
             3.
             
          
           
             k
             Auth.
             Quae
             sunt
             Regalia
             .
             Coll.
             10.
             
          
           
             l
             L.
             1.
             ff
             .
             ubi
             sup
             .
             &
             l.
             1.
             §
             cum
             urbem
             .
             ff
             .
             de
             Off●c
             .
             Praes
             .
             Urb.
             &
             l.
             1.
             
             Cod.
             eod
             .
             tit
             .
          
           
             m
             Tap.
             ubi
             supra
             nu
             .
             14.
             
          
        
         
           Notes for div A42930-e24040
           
             a
             L.
             1.
             §
             interdictum
             ,
             &
             l.
             2.
             ff
             .
             de
             interdict
             ▪
             &
             §
             Prohibitoria
             .
             Instit
             .
             cod
             .
             tit
             .
          
           
             b
             Boer
             .
             Decis
             .
             114.
             nu
             .
             2.
             &
             ibi
             Faber
             .
             in
             L.
             ante
             fin
             .
             Cod.
             de
             Off.
             Praef.
             Urb.
             per
             Tex
             .
             in
             C.
             Transmissa
             .
             De
             Foro
             Compet
             .
             &
             Paris
             de
             Put.
             in
             Syndicat
             .
             Tit.
             de
             Excess
             .
             Baron
             .
             cap.
             ult
             .
             &
             Ang.
             in
             l.
             haeredi
             .
             De
             Usu
             fruct
             .
             Legat
             .
             ut
             voluit
             Saldus
             in
             Prooem
             .
             2.
             lib.
             Decret
             .
             Colum
             .
             2.
             
          
           
             c
             
               Boer
               .
               Decis
               .
               9.
               nu
               .
               15.
               
               &
               Bar.
               &
               Alex.
               in
               L.
               omnibus
               .
               §
               is
               videtur
               .
               ff
               .
               Si
               quis
               jus
               dic
               .
               non
               obtemp
               .
            
             
               Sir
               Tho.
               Ridleys
               
                 View
                 of
                 the
                 Civil
                 and
                 Ecclesiastical
                 Law
                 ,
              
               in
               part
               .
               3.
               cap.
               1.
               sect
               .
               2.
               
            
          
           
             Fitzh
             .
             N.
             B.
             verb.
             Prohibit
             .
          
           
             d
             
               Terms
               of
               Law
            
             ,
             verb.
             Prohibit
             .
          
           
             e
             D.
             Cowel
             Interp.
             ver
             .
             Prohibitio
             .
          
           
             
               It
               may
               not
               be
               hence
               inferred
               ,
               That
               what
               seems
               to
               cease
               of
               use
               in
               one
               respect
               ,
               may
               not
               remain
               of
               use
               in
               another
               ;
               As
               indeed
               this
               is
               ,
               in
               Conservation
               not
               Derogation
               of
               Jurisdictions
               ;
               and
               for
               prevention
               of
               Trials
            
             Coram
             non
             Judice
             Competente
             ,
             
               by
               an
               expedient
               of
               Law
               ,
               whereby
               the
               Gognizance
               of
               a
               Cause
               may
               not
               be
               drawn
               from
               its
               proper
               Jurisdiction
            
             ad
             aliud
             Examen
             .
          
           
             f
             Num.
             21.
             8.
             
             &
             2
             Kin.
             18.
             4.
             
          
           
             Nehushtan
             ,
             h.
             e.
             
               Brass
               ,
               or
               Brazen
               ,
               or
               a
               piece
               os
               Brass
               .
            
          
           
             This
             implyes
             not
             ,
             but
             that
             Prohibitions
             are
             still
             of
             necessary
             use
             ,
             where
             Inferiour
             Jurisdictions
             meddle
             with
             matters
             which
             do
             not
             concern
             them
             ,
             and
             wherein
             they
             are
             incompetent
             .
          
           
             Fitzh
             .
             N.
             B.
             fo
             .
             39.
             
             Cowel
             Interp.
             verb.
             Prohibit
             .
          
           
             Ridley
             
               View
               of
               the
               Civil
               and
               Ecclesiastical
               Law
               ,
            
             part
             .
             3.
             cap.
             1.
             sect
             .
             2.
             
          
           
             h
             Ibid.
             
          
           
             
               Though
               by
               Warrant
               from
               the
               Proverb
               ,
            
             Losers
             have
             leave
             to
             speak
             ;
             
               yet
               in
               case
               of
               Interest
               ,
               such
               as
               cannot
               hold
               their
               own
               ,
               may
               hold
               their
               peace
               .
            
          
           
             
               This
               hinders
               not
               ,
               but
               that
               a
               thing
               really
               done
            
             super
             altum
             mare
             ,
             
               (
               though
               not
               yet
               so
               in
               proof
               )
               may
               be
               surmized
               or
               suggested
               to
               be
               done
               at
               Land
               ,
               in
               order
               only
               to
               bring
               it
               to
               issue
               ,
               whether
               a
               Prohibition
               lyes
               in
               the
               Case
               .
               This
               is
               but
               the
               Law
               of
               one
               Jurisdiction
               without
               any
               derogation
               of
               another
               .
            
          
           
             i
             Cok.
             Inst
             .
             l.
             3.
             c.
             7.
             sect
             .
             440.
             in
             sin
             .
          
           
             k
             Fitzh
             .
             N.
             B.
             tit
             .
             Prohibitio
             .
          
           
             l
             Fitzh
             .
             Ibid.
             
          
        
         
           Notes for div A42930-e25710
           
             a
             Schard
             .
             ver
             .
             Fictio
             .
          
           
             b
             
               Cas
               .
               Tract
               .
               Dialect
               .
               2.
               part
               .
               cap.
               20
               ,
               &
               21.
               
            
             
               Vid.
               Larrea
               .
               Decis
               .
               Granar
               .
               Disp
               .
               8.
               nu
               .
               58.
               
               Semper
               Fictio
               ,
               Licet
               veritati
               contraria
               ,
               tamen
               veritatem
               imitatur
               .
               §
               Minorem
               .
               De
               Adopr
               .
               &
               l.
               Si
               Filius
               ,
               14.
               
               D.
               Si
               Cer.
               per.
               &
               l.
               Triennio
               18.
               
               D.
               de
               Stat.
               Liber
               .
               Et
               solum
               extenditur
               ad
               id
               quod
               per
               veritatem
               &
               rerum
               Naturam
               fieri
               potest
               .
               Glos
               .
               in
               l.
               3.
               
               D.
               Pro
               Socio
               ,
               &
               Curr
               .
               l.
               2.
               
               Conject
               .
               ad
               fratrem
               ,
               cap.
               13.
               
               &
               Oswald
               .
               l.
               14.
               ad
               Donel.
               cap
               19.
               lit
               .
               A.
               
            
          
           
             c
             Bart.
             in
             l.
             Si
             quis
             pro
             Emptore
             .
             D.
             de
             usucapionib
             .
          
           
             d
             L.
             Sive
             possidetis
             ,
             Cod.
             de
             Probat
             .
             &
             Cyn.
             ibid.
             &
             l.
             non
             est
             verisimile
             .
             D.
             Quod
             metus
             causa
             .
          
           
             e
             Ibid.
             in
             glos
             .
             mag
             .
             in
             l.
             non
             est
             verisim
             .
          
           
             f
             Gothof
             .
             ad
             Rub.
             D.
             de
             Probat
             .
          
           
             g
             Bart.
             ibid.
             nu
             .
             22.
             
          
           
             h
             L.
             Adoptio
             .
             ff
             .
             de
             Adopt
             .
          
           
             i
             Le.
             Cornelia
             .
             ff
             .
             de
             Testam
             .
             &
             l.
             Cornel
             .
             ff
             .
             de
             Vulg.
             substi●
             .
          
           
             k
             L.
             retro
             .
             &
             l.
             in
             bello
             .
             §
             1.
             &
             l.
             bona
             .
             ff
             .
             de
             Capt.
             &
             §
             4.
             D.
             Quibus
             mod
             .
             jus
             .
             patr
             .
             solvit
             .
          
           
             l
             L.
             Absent●
             ,
             ff
             .
             de
             verb.
             Sign
             .
          
           
             m
             L.
             ibid.
             glos
             .
             mag
             .
          
           
             n
             L.
             qui
             in
             utero
             ,
             &
             l.
             pen.
             ff
             .
             de
             stat
             .
             hom
             .
          
           
             o
             ff
             .
             Ad
             Leg.
             Aquil.
             &
             Rub.
             ibid.
             &
             l.
             Si
             ex
             causa
             .
             D.
             Pro
             Socio
             .
          
           
             p
             L.
             quia
             licet
             ff
             .
             Pro
             Socio
             .
          
           
             q
             L.
             1.
             
             §
             Si
             Filius
             .
             ff
             .
             de
             suis
             &
             legitimis
             ,
             &
             l.
             2
             ,
             3
             ,
             4.
             
             Cod.
             cod
             .
          
           
             r
             §
             Sed
             si
             in
             bello
             .
             Inst
             .
             de
             Excusat
             .
             Tutor
             .
          
        
         
           Notes for div A42930-e27860
           
             Noy
             Rep.
             M.
             39
             40
             Eliz.
             C.
             B.
             
               This
               may
               be
               but
               a
            
             Surmize
             
               in
               one
               Jurisdiction
               for
               a
            
             Supposition
             
               in
               another
               ,
               as
               an
               expedient
               whereby
               to
               discover
               unto
               which
               Jurisdiction
               the
               Case
               doth
               properly
               belong
               .
            
          
           
             a
             Coke
             Inst
             .
             part
             .
             4.
             cap.
             22.
             
          
           
             This
             is
             meant
             when
             the
             thing
             is
             so
             in
             truth
             and
             in
             fact
             ,
             as
             well
             as
             supposed
             .
          
           
             b
             Bart.
             in
             ●
             .
             Si
             is
             qui
             pro
             Emptore
             .
             D.
             de
             Usucap
             .
          
           
             c
             In
             lib.
             Nig.
             Adm.
             fol.
             36.
             
          
           
             d
             Brownl
             .
             Rep.
             part
             .
             1.
             
             Mich.
             10
             Jac.
             
          
           
             e
             Littl.
             l.
             3.
             c.
             7.
             sect
             .
             440.
             
          
           
             f
             Hob.
             Rep.
             in
             Cas
             .
             Palmer
             vers
             .
             Pope
             .
          
           
             g
             Leonard
             Rep.
             30
             Eliz.
             in
             Sir
             
               Jul.
               Caes
               .
               Case
            
             ,
             in
             B.
             R.
             
          
           
             h
             Brownl
             .
             Rep.
             Par.
             1.
             
             Case
             Bright
             vers
             .
             Couper
             .
             Trin.
             9
             Jac.
             Rot.
             638.
             in
             Com.
             Plac.
             
          
           
             i
             Brownl
             .
             Rep.
             Par.
             2.
             
             Westons
             Case
             .
             Mich.
             8
             Jac.
             1610.
             in
             B.
             R.
             
          
           
             k
             Trin.
             17
             Char.
             in
             B.
             R.
             
               Grand
               Abridgment
               of
               the
               Law.
            
             Verb.
             Admiral
             .
          
           
             Res
             quae
             intra
             Praesidia
             perductae
             nondum
             sunt
             ,
             quanquam
             ab
             hostibus
             occupatae
             ,
             Dominum
             non
             mutarunt
             ex
             Gentium
             jure
             .
          
           
             Gror.
             de
             ●ur
             .
             Bel.
             l.
             3.
             c.
             9.
             
          
           
             l
             Littl.
             l.
             3.
             c.
             7.
             ●ect
             .
             440.
             
          
           
             m
             Coke
             Inst
             .
             Par.
             4.
             c.
             22.
             
          
           
             n
             Cro.
             Rep.
             in
             Resol
             .
             
               upon
               the
               Cases
               of
               the
               Admiral
               Jurisdiction
               .
            
             Hill.
             8
             Char.
             
          
        
         
           Notes for div A42930-e29240
           
             o
             Coke
             Inst
             .
             par
             .
             4.
             c.
             22.
             
          
           
             p
             Hob.
             Rep.
             in
             Bridgmans
             Case
             .
          
           
             q
             Croke
             Rep.
             Hil.
             8
             Char.
             
          
           
             r
             Littlet
             .
             l.
             3.
             c.
             7.
             sect
             .
             440.
             
          
           
             s
             L.
             cum
             hi
             §
             si
             cum
             lis
             .
             D.
             de
             transact
             .
          
           
             t
             Coke
             par
             .
             1.
             
             Instit
             .
             l.
             3.
             c.
             7.
             sect
             ,
             440.
             
          
           
             u
             Littl.
             l.
             3.
             c.
             7.
             sect
             .
             440.
             
          
           
             
               Brownl
               .
               Rep.
               2.
               
               
                 Admiral
                 Court
              
               ,
               ibi
               in
               haec
               verba
               .
            
             
               
                 Note
                 (
                 says
                 the
                 Report
                 )
                 that
                 it
                 was
                 urged
                 by
              
               Haughton
               ,
               
                 that
                 the
                 intent
                 of
                 the
                 Statute
                 of
              
               13
               R.
               2.
               cap.
               5.
               
                 was
                 not
                 to
                 inhibit
                 the
                 Admiral
                 Court
                 ,
                 to
                 hold
                 Plea
                 of
                 any
                 thing
                 made
                 beyond
                 Sea
                 ,
                 but
                 only
                 of
                 things
                 made
                 within
                 the
                 Realm
                 ,
                 which
                 pertains
                 to
                 the
                 Common
                 Law
                 ,
                 and
                 is
                 not
                 in
                 prejudice
                 of
                 the
                 King
                 or
                 Common
                 Law
                 ,
                 if
                 he
                 hold
                 plea
                 over
                 the
                 Sea
                 ;
                 and
                 that
                 this
                 was
                 the
                 intent
                 of
                 the
                 Statute
                 ,
                 appears
                 by
                 the
                 Preamble
                 .
              
            
          
           
             w
             Coke
             par
             .
             4.
             
             Instit
             .
             c.
             74.
             
          
           
             x
             Coke
             ibid.
             cap.
             22.
             
          
           
             y
             Cod.
             Ms.
             de
             Adm.
             Angl.
             Vulgo
             Vocar
             .
             Lib.
             Nig.
             Adm.
             in
             fo
             .
             29.
             
          
           
             z
             Hill.
             8
             Char.
             
          
           
             a
             Hob.
             Rep.
             
               case
               of
            
             Don
             Diego
             Serviento
             de
             Acuna
             ,
             against
             Jolliff
             and
             Tucker
             .
          
           
             b
             Hob.
             Rep.
             Mich.
             9
             Jac.
             Case
             Palmer
             against
             Pope
             .
          
           
             Morisot
             .
             lib.
             1.
             cap.
             36.
             
             
               Port-Town
               ]
               The
               Lord
            
             Coke
             in
             par
             .
             4.
             
             Instit
             .
             cap.
             22.
             
               in
               his
               Answ
               .
               there
               to
               the
               fourth
               Objection
               ,
               makes
               mention
               thereof
               by
               the
               name
               of
               Port-Town
               ,
               as
            
             infra
             Corpus
             Comitatus
             .
             
               The
               Port
               of
            
             Gado
             
               is
               part
               of
               the
               Sea
               ,
               the
               Port-Town
               of
            
             Gado
             
               is
               upon
               the
               Continent
               of
            
             Barbary
             .
          
           
             c
             L.
             59.
             
             D.
             de
             Verb.
             Sig.
             Thamesim
             ,
             Prolemaeus
             Jamissam
             ,
             Dio
             Himensam
             ,
             Vocat
             .
          
           
             An
             Testamentum
             factum
             in
             Portu
             cujusdam
             Civitatis
             Soldani
             ,
             dicatur
             factum
             in
             Terris-Soldani
             .
             Bald.
             in
             Rub.
             D.
             de
             Rer.
             Divis
             .
             in
             6.
             
             Col.
             in
             prin
             .
             dicit
             ,
             quod
             tempore
             suo
             hoc
             fuit
             revocatum
             in
             dubium
             ,
             &
             Dicatur
             ,
             Quod
             Non
             ,
             Quia
             Portus
             est
             Publicus
             ,
             &
             ita
             Christianorum
             ,
             sicut
             Sarecenorum
             .
             Nam
             hoc
             est
             introductum
             
               Jure
               Gentium
            
             ,
             vid.
             Barth
             .
             Cepol
             .
             de
             Servit
             .
             Rust
             .
             Praed
             .
             cap.
             28.
             
             De
             Portu
             .
             nu
             .
             1.
             
             
               Which
               could
               not
               be
               assirmed
               of
               a
               ●ort-Town
               ;
               this
               plainly
               shews
               a
               wide
               difference
               between
               a
               Port
               and
               a
               Port-Town
               ,
               and
               proves
            
             Portus
             
               to
               be
            
             Locus
             Publicus
             ,
             uti
             Pars
             Oceani
             .
             
               Yet
               in
               the
               Case
               of
            
             Don
             Diego
             Serviento
             de
             Acuna
             ,
             against
             Jolliff
             and
             Tucker
             in
             Hob.
             
               Rep.
               It
               is
               said
               ,
               That
               no
               Port
               is
               part
               of
               the
               Sea
               ,
               but
               of
               the
               Continent
               .
               So
               says
               that
               Report
               .
               But
               may
               we
               not
               distinguish
               between
            
             Portum
             Naturalem
             &
             Portum
             Artificialem
             .
             Portum
             Naturalem
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             manu
             &
             artificio
             factun
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             Graeci
             vocant
             .
          
           
             Morisot
             .
             Histor
             .
             Orb.
             Marit
             .
             lib.
             1.
             cap.
             24.
             
          
           
             d
             Noys
             Rep.
             M.
             39
             ,
             40
             El.
             Case
             ,
             Susans
             against
             Turner
             .
          
           
             A
             Surmize
             at
             Common
             Law
             may
             be
             as
             Legally
             qualified
             to
             call
             the
             Right
             of
             Cognizance
             into
             question
             ,
             as
             an
             Allegation
             at
             th●
             Civil
             Law
             to
             lay
             a
             soundation
             for
             a
             Definitive
             Sentence
             ,
             and
             possibly
             in
             a
             Case
             whereof
             it
             hath
             no
             right
             to
             determine
             ;
             For
             neither
             a
             Surmize
             in
             the
             one
             ,
             nor
             an
             Allegation
             in
             the
             other
             ,
             are
             more
             then
             suppositions
             ,
             till
             reallized
             by
             proof
             .
          
           
             e
             Brownl
             .
             Rep.
             part
             .
             2.
             in
             Cas
             .
             Jennings
             against
             Audley
             ,
             Mich.
             1611.
             9
             
             Jac.
             in
             Com.
             Ban.
             
          
           
             f
             Brownl
             .
             Rep.
             part
             .
             2.
             ibid.
             in
             Cas
             .
             Baxter
             against
             Hopes
             .
          
           
             g
             Brownl
             .
             Rep.
             par
             .
             2.
             
             Mich.
             8.
             
             Jac.
             in
             Ban.
             Reg.
             
          
           
             h
             Croke
             Rep.
             Hil.
             8
             Char.
             
          
        
         
           Notes for div A42930-e32520
           
             i
             Coke
             on
             Littl.
             par
             .
             1.
             
             Instit
             .
             lib.
             2.
             c●p
             11.
             sect
             .
             195.
             
          
           
             Mr.
             Seld.
             in
             suo
             Mar.
             Claus
             .
             l.
             2.
             cap.
             22.
             
               styles
               the
               Judge
               of
               the
               Admiralty
               ,
            
             Summae
             cutiae
             Regiae
             Admiralitatis
             Judicem
             .
          
           
             k
             Hil.
             8
             Char.
             4.
             
             Febr.
             1632.
             
          
           
             l
             Stat.
             15
             R.
             2.
             cap.
             3.
             
          
           
             m
             Cowels
             Interpreter
             ,
             verb.
             Record
             .
          
           
             n
             Fit●h
             .
             N.
             B.
             
               Writ
               of
               Errour
            
             .
          
           
             o
             Cowel
             ,
             ubi
             supra
             .
          
           
             p
             Brook
             tit
             .
             Record
             .
          
           
             q
             Cowel
             ,
             ubi
             supra
             .
             Ubi
             Brook
             tit
             .
             Bastardy
             .
             Fleta
             li.
             6.
             cap.
             39
             ,
             40
             ,
             41
             ,
             42.
             
             Lamb.
             Eirenareha
             ,
             lib.
             1.
             cap.
             13.
             
             &
             Glanvile
             ,
             lib.
             7.
             cap.
             14
             ,
             15.
             
             
               The
               Register
            
             Orig.
             fol.
             5.
             b.
             Bracton
             lib.
             5.
             
             Tract
             .
             5.
             cap.
             20.
             nu
             .
             5.
             
             Britton
             ,
             cap.
             92
             ,
             94
             ,
             106
             ,
             107
             ,
             &
             109.
             
             Doct.
             &
             Stud.
             lib.
             2.
             cap.
             5.
             
             &
             Cosins
             Apol.
             par
             .
             1.
             cap.
             2.
             
          
           
             r
             Glanvil
             ,
             lib.
             8.
             c.
             8.
             
             Britton
             ,
             cap.
             121.
             
             &
             Cowel
             ,
             verb.
             Record
             .
          
           
             s
             Noys
             
               Rep.
               Cas
            
             .
             Reord
             against
             Cornel
             .
             Jobson
             .
          
           
             t
             Hob.
             
               Rep.
               in
               Dr.
            
             James
             Case
             .
          
           
             u
             Moder
             .
             Rep.
             Trin.
             1654.
             in
             Banc.
             Reg.
             
          
           
             w
             Cod.
             Ms.
             de
             Adm.
             viz.
             Lib.
             Nig.
             Adm.
             fol.
             19.
             &
             ibid.
             in
             Art.
             39.
             
             Artic.
             Inquisit
             .
             Adm.
             Citat
             .
             per
             D.
             Seld.
             in
             Suo
             Mare
             Clauso
             ,
             lib.
             2.
             &c.
             
             24.
             
          
           
             x
             Sir
             
               Jo.
               Davies
            
             .
             Jus
             imponendi
             Vectigalia
             ,
             c.
             6.
             
          
           
             y
             Idem
             .
             Jus
             imp
             .
             Vect
             .
             c.
             4.
             
          
        
         
           Notes for div A42930-e33800
           
             a
             Coke
             Part.
             40
             Instit
             .
             c.
             22.
             
               in
               the
               Answ
               .
               to
               the
               fourth
               Objection
               .
            
          
           
             b
             Croke
             Rep.
             Hill.
             8.
             
             Car.
             
               Resolution
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               .
            
          
           
             c
             Coke
             ibid.
             
               in
               the
               Answ
               .
               to
               the
               second
               Objection
               .
            
          
           
             d
             Noy
             
               Rep.
               in
               Cas
            
             .
             Susans
             against
             Turner
             .
          
           
             Q.
             
               Whether
               in
               matters
               of
               dubiovs
               Jurisdiction
               ,
               meerly
               depending
               upon
               future
               Contingency
               of
               proof
               ,
               a
               bare
               Surmize
               at
               Common
               Law
               ;
               may
               not
               as
               rationally
               expect
               the
               relief
               of
               a
               Prohibition
               ,
               as
               a
               naked
               allegation
               at
               Civil
               Law
               the
               count●nance
               of
               a
            
             Litis
             
               Contestation
               .
               So
               that
               the
               Law
               is
               good
               ,
               if
               it
               be
               used
               lawfully
               .
            
          
           
             
               Therefore
               to
               prevent
               this
               Inconvenience
               ,
               and
               obviate
               such
               Objections
               as
               these
               ;
               before
               any
               Prohibition
               doth
               actually
               issue
               upon
               such
               Surmizes
               ,
               the
               Courts
               of
            
             Westminster
             
               have
               ever
               used
               to
               prefix
               a
               day
               wherein
               to
               shew
               cause
               ,
               if
               any
               ,
               why
               a
               Prohibition
               should
               not
               be
               granted
               .
               So
               that
               although
               there
               be
               a
               Surmize
               ,
               yet
               there
               is
               no
               Surprize
               in
               the
               Case
               .
            
          
           
             e
             Coke
             ,
             ubi
             supra
             .
             Mich.
             31
             H.
             6.
             
             Rot.
             315.
             in
             Banc.
             Hill.
             2.
             
             Ph.
             &
             M.
             Rot.
             130.
             
             Cr.
             Hil.
             17
             El.
             Rot.
             410.
             
             Cr.
             
               The
               Common
               Law
               in
               some
               Cases
               doth
               take
               notice
               of
            
             Conjunct
             :
             Persona
             ,
             
               but
               not
               as
               does
               the
               Civil
               Law.
               
            
          
           
             f
             Winch
             
               Rep.
               Easter
               Term
            
          
           
             g
             Coke
             par
             .
             4.
             
             Instit
             .
             c.
             22.
             
             
               Answ
               to
               the
               first
               Object
            
             .
          
           
             h
             Ibid.
             
               Answ
               .
               to
               the
               sixth
               Object
               .
            
          
           
             i
             Croke
             Rep.
             Hil.
             8
             Car.
             
               Resolution
               upon
               the
               Cases
               of
               Admiral
               Jurisdiction
               .
               Subscribed
            
             4
             Feb.
             1632.
             
               by
               all
               the
               Judges
               of
               both
               Benches
               .
            
             Beneath
             the
             Bridges
             ]
             
               So
               the
               Expos
               .
               Terms
               of
               the
               Law
               ,
            
             verb.
             Admiral
             .
          
           
             k
             Hob.
             
               Rep.
               Case
            
             .
             Palmer
             versus
             Pope
             .
             Mich.
             9
             Jac.
             
          
           
             l
             Owen
             Rep.
             in
             casu
             Leigh
             against
             Burley
             .
             Mich.
             7
             Jac.
             
          
           
             l
             Cro.
             Rep.
             Hil.
             8
             Car.
             1632.
             
          
           
             m
             Noy
             
               Rep.
               in
               Cas
            
             .
             Goodwin
             against
             Tompkins
             .
          
        
         
           Notes for div A42930-e35840
           
             a
             Selden
             ,
             de
             Mar.
             Claus
             .
             lib.
             2.
             cap.
             24.
             
          
           
             b
             Ibid.
             In
             Fascic
             .
             de
             Superioriatate
             Maris
             ,
             in
             Arce
             Lond.
             &
             Coke
             ,
             de
             Antiquit
             .
             Admiral
             .
             in
             Par.
             4.
             
             Instit
             .
             cap.
             22.
             
          
           
             c
             Coke
             par
             .
             4.
             
             Instit
             .
             cap.
             22.
             
             Rot.
             in
             Archivis
             in
             Turri
             Lond.
             De
             Superioritate
             Mar.
             Angl.
             &
             jure
             Officii
             Admiral
             .
             &
             in
             alio
             Rot.
             de
             Articulis
             super
             quib
             .
             Consult
             .
             Anno
             12
             Ed.
             3.
             
          
           
             d
             Cowel
             ,
             Interp
             .
             verb.
             Admiral
             .
          
           
             e
             
               Terms
               of
               Law
            
             ,
             verb.
             Admiral
             .
          
           
             f
             Doct.
             &
             Stud.
             Dialogue
             vel
             lib.
             2.
             c.
             2.
             
          
           
             g
             Seld.
             Mar.
             Claus
             .
             lib.
             2.
             cap.
             24.
             
          
           
             h
             Temp.
             Ed.
             1.
             
             Fitzh
             .
             tit
             .
             Avowry
             192.
             
             &
             Placit
             .
             37.
             
             &
             38
             Hen.
             3.
             rot
             .
             10.
             
             Devon
             .
             ●tim
             Sussex
             .
             47
             Hen.
             3.
             rot
             .
             22
             ,
             &
             Trin.
             24
             Ed.
             3.
             in
             Brevib
             .
             Reg.
             inter
             Pilke
             &
             Venore
             ,
             quae
             in
             Arcis
             Londin
             .
             Archiv
             .
             Ejusmodi
             item
             sunt
             alia
             .
          
           
             i
             Ms.
             fo
             .
             12.
             
          
           
             k
             Brownl
             .
             Rep.
             Par.
             2.
             
             
               Admiral
               Court-Case
            
             .
          
           
             l
             Caepol
             .
             de
             Servit
             .
             Rust
             .
             cap.
             28.
             nu
             .
             5.
             
             &
             Bald.
             in
             Rub.
             de
             R●r
             .
             Divis
             .
          
           
             m
             Cowel
             Interp
             .
             verb.
             Admiral
             .
          
           
             n
             Coke
             
               Rep.
               in
               Cas
               .
               Sir
            
             Hen.
             Constable
             .
          
           
             5
             Eliz.
             cap.
             5.
             
             Cokes
             Instit
             .
             par
             .
             4.
             cap.
             22.
             
          
           
             o
             Croke
             Rep.
             Hil.
             8.
             
             Car.
             1.
             
             
               Resolution
               upon
               Cases
               Admirall
            
             .
          
        
         
           Notes for div A42930-e39510
           
             Skippers
             Sale
             ,
             without
             speciall
             Procuration
             ,
             not
             good
             .
          
           
             Ship-Tackle
             pawned
             for
             Ship-necessaries
             ,
             good
             .
          
        
         
           Notes for div A42930-e39580
           
             Skipper
             not
             to
             quit
             a
             Port
             without
             advice
             of
             his
             Mariners
             .
          
        
         
           Notes for div A42930-e39620
           
             Mariners
             in
             case
             of
             that
             like
             Wreck
             ,
             to
             save
             what
             may
             be
             saved
             .
          
           
             Skippers
             Sale
             ,
             in
             case
             of
             disaster
             ,
             not
             good
             without
             speciall
             procuration
             .
          
        
         
           Notes for div A42930-e39670
           
             Part
             of
             fraight
             to
             be
             paid
             for
             part
             of
             a
             Voyage
             .
          
           
             The
             Skipper
             ,
             to
             hire
             another
             Ship
             to
             finish
             his
             Voyage
             ,
             in
             case
             of
             disaster
             to
             his
             own
             .
          
           
             The
             Reward
             of
             Salvage
             not
             to
             be
             paid
             according
             to
             promise
             made
             in
             time
             of
             distresse
             ,
             but
             as
             the
             Court
             of
             Admiralty
             shall
             determine
             according
             to
             Equity
             .
          
        
         
           Notes for div A42930-e39800
           
             Mariners
             (
             without
             the
             leave
             of
             the
             Skipper
             )
             may
             not
             go
             out
             of
             the
             Ship
             ,
             when
             arrived
             to
             a
             Port.
             
          
           
             In
             some
             cases
             some
             of
             them
             may
             .
          
        
         
           Notes for div A42930-e39850
           
             Mariners
             drunk
             a
             shore
             ,
             and
             wounded
             ,
             not
             to
             be
             healed
             at
             the
             Ships
             charge
             .
          
           
             Mariners
             wounded
             in
             the
             Ships
             service
             ,
             are
             to
             be
             healed
             at
             the
             Ships
             charge
             .
          
        
         
           Notes for div A42930-e39900
           
             How
             sick
             Mariners
             are
             to
             be
             provided
             for
             .
          
           
             The
             Ship
             not
             to
             stay
             for
             a
             sick
             Mariner
             .
          
           
             Sick
             Mariners
             ought
             to
             have
             their
             full
             wages
             ,
             deducting
             the
             charge
             of
             his
             sickness
             .
          
           
             *
             Executors
             of
             a
             deceased
             Mariner
             ,
             ought
             to
             receive
             the
             wages
             due
             to
             him
             .
          
        
         
           Notes for div A42930-e39970
           
             In
             case
             of
             storm
             ,
             Skipper
             to
             use
             his
             discretion
             in
             casting
             goods
             over
             board
             ,
             to
             lighten
             the
             Vessel
             ,
             and
             to
             preserve
             the
             same
             .
          
           
             What
             the
             Law
             is
             in
             the
             case
             of
             Averidge
             .
          
        
         
           Notes for div A42930-e40050
           
             What
             the
             Law
             is
             in
             case
             of
             cutting
             Masts
             or
             Cables
             in
             a
             storm
             .
          
        
         
           Notes for div A42930-e40110
           
             The
             ship-ropes
             or
             slings
             to
             hoyse
             out
             goods
             withal
             ,
             to
             be
             viewed
             before
             used
             .
          
        
         
           Notes for div A42930-e40150
           
             Goods
             damnified
             at
             Sea
             ,
             whether
             by
             the
             Ship-tackle
             or
             not
             ,
             to
             be
             purged
             and
             cleared
             by
             the
             Oath
             of
             the
             Skipper
             and
             part
             of
             his
             Company
             .
          
        
         
           Notes for div A42930-e40200
           
             The
             Law
             in
             case
             of
             the
             Lye
             ,
             or
             a
             stroak
             given
             by
             or
             to
             the
             Skipper
             or
             his
             Mariners
             .
          
        
         
           Notes for div A42930-e40310
           
             The
             Law
             in
             case
             of
             difference
             between
             the
             Skipper
             and
             any
             of
             his
             Mariners
             .
          
           
             Skipper
             to
             take
             an
             able
             Mariner
             in
             the
             absence
             of
             another
             ,
             or
             to
             make
             good
             the
             damage
             ,
             if
             any
             thereby
             .
          
        
         
           Notes for div A42930-e40370
           
             In
             case
             of
             Collision
             ,
             one
             ship
             against
             another
             ,
             the
             damage
             to
             be
             in
             common
             ,
             and
             equally
             divided
             ,
             yet
             so
             as
             they
             both
             (
             if
             need
             be
             )
             purge
             themselves
             of
             all
             wilfulness
             by
             Oath
             .
          
        
         
           Notes for div A42930-e40410
           
             What
             the
             Law
             is
             in
             placing
             of
             Anchors
             in
             Harbours
             ,
             specially
             where
             there
             is
             but
             little
             water
             ;
             as
             also
             of
             Boys
             to
             the
             said
             Anchors
             .
          
        
         
           Notes for div A42930-e40450
           
             What
             the
             Mariners
             Immunity
             or
             Priviledge
             anciently
             was
             in
             Fraight
             ;
             which
             is
             now
             grown
             obsolete
             .
          
        
         
           Notes for div A42930-e40520
           
             It
             seems
             in
             those
             days
             this
             was
             the
             Law
             ;
             Now
             no
             such
             thing
             in
             use
             .
          
        
         
           Notes for div A42930-e40580
           
             The
             Skipper
             may
             compel
             the
             Mariner
             to
             complete
             the
             Ships
             Voyage
             .
          
        
         
           Notes for div A42930-e40620
           
             The
             Contract
             for
             wages
             must
             be
             performed
             ,
             though
             the
             Voyage
             be
             not
             ;
             so
             as
             the
             fault
             be
             not
             in
             the
             Mariners
             .
          
        
         
           Notes for div A42930-e40700
           
             What
             the
             Law
             is
             touching
             Mariners
             going
             a
             shore
             when
             the
             ship
             is
             in
             Port.
             
          
        
         
           Notes for div A42930-e40750
           
             The
             Merchant
             to
             pay
             Demourage
             ,
             when
             it
             happens
             through
             his
             own
             default
             .
          
        
         
           Notes for div A42930-e40790
           
             What
             the
             Law
             is
             in
             ●ase
             a
             Skippe●
             on
             his
             Voyage
             be
             reduced
             to
             Necessities
             in
             a
             Forraign
             Port.
             
          
           
             In
             some
             cases
             the
             Skipper
             may
             sell
             part
             of
             his
             Lading
             .
          
           
             If
             part
             os
             a
             Merchants
             Carge
             be
             sold
             to
             supply
             the
             Necessities
             of
             the
             Ship
             ,
             the
             value
             and
             fraight
             thereof
             is
             to
             be
             made
             good
             to
             and
             by
             the
             said
             Merchant
             .
          
        
         
           Notes for div A42930-e40860
           
             The
             head
             of
             an
             unskilful
             Pilo
             must
             go
             for
             the
             loss
             of
             a
             Vessel
             occasioned
             by
             his
             unskilfulness
             ,
             in
             case
             he
             hath
             not
             wherewith
             to
             make
             satisfaction
             .
          
        
         
           Notes for div A42930-e40910
           
             What
             the
             Law
             is
             in
             case
             of
             damage
             to
             goods
             ,
             by
             reason
             of
             the
             Ship-ropes
             or
             Slings
             in
             hoysing
             of
             goods
             over
             board
             .
          
        
         
           Notes for div A42930-e40990
           
             What
             the
             Law
             is
             as
             to
             Partnership
             in
             the
             Fishing
             Craft
             .
          
           
             In
             case
             of
             such
             Partnership
             ,
             part
             of
             the
             profits
             upon
             such
             a
             Fishing
             design
             ,
             accrue
             to
             the
             next
             of
             kin
             ,
             to
             the
             deceased
             in
             that
             design
             .
          
        
         
           Notes for div A42930-e41040
           
             Ship
             broken
             ,
             men
             not
             to
             be
             impeded
             or
             h●ndred
             ,
             but
             aided
             and
             assisted
             in
             preservation
             of
             Ship
             and
             Lading
             .
          
           
             Salvage
             to
             be
             regulated
             ,
             not
             according
             to
             promise
             made
             by
             the
             distressed
             ,
             but
             as
             the
             Court
             of
             Admiralty
             shall
             judge
             in
             equity
             .
          
           
             Art.
             4.
             
             Naufragium
             ,
             quasi
             
               Navis
               Fractio
            
             .
             The
             penalty
             of
             such
             Thieves
             as
             steal
             srom
             persons
             that
             are
             Ship-broken
             .
          
        
         
           Notes for div A42930-e41140
           
             VVhat
             the
             Law
             is
             in
             case
             of
             wreck
             .
          
           
             *
             As
             if
             the
             gift
             of
             Salvation
             might
             be
             purchased
             with
             mony
             .
             Good
             meanings
             will
             never
             exculpate
             blind
             and
             superstitious
             Devotion
             .
             This
             is
             the
             Law
             of
             Rome
             by
             Land
             at
             this
             day
             ,
             as
             well
             as
             of
             Oleron
             at
             Sea
             ,
             nigh
             500
             years
             since
             .
          
        
         
           Notes for div A42930-e41220
           
             Covetousness
             which
             is
             Idolatry
             ,
             sometimes
             is
             also
             Bestiality
             .
          
           
             They
             that
             lived
             like
             beasts
             ,
             might
             not
             dye
             like
             men
             ;
             By
             the
             Law
             of
             Oleron
             .
          
        
         
           Notes for div A42930-e41300
           
             Behold
             and
             wonder
             at
             the
             Diabolical
             Practice
             of
             some
             treacherous
             Pilots
             .
          
           
             The
             penalty
             of
             such
             thieves
             as
             steal
             goods
             from
             poor
             distressed
             ship-broken
             persons
             .
          
        
         
           Notes for div A42930-e41350
           
             The
             exemplary
             punishment
             of
             all
             treacherous
             Pilots
             .
          
        
         
           Notes for div A42930-e41390
           
             An
             Adequate
             punishment
             ,
             &
             without
             respect
             of
             persons
             ;
             which
             will
             not
             counterpoize
             one
             grain
             of
             honesty
             in
             the
             ballance
             of
             Justice
             ;
             So
             exact
             was
             this
             Law
             in
             punishing
             such
             politickly
             Covetous
             Miscreants
             .
          
        
         
           Notes for div A42930-e41430
           
             Goods
             cast
             over
             board
             for
             lightning
             the
             Ship
             ,
             quatenus
             such
             ,
             are
             not
             Derelicts
             .
          
           
             Merces
             è
             Nave
             jactae
             ,
             Derelictae
             non
             videntur
             .
          
           
             Leg.
             7.
             
             
               Dig.
               Pro
               Derelict
            
             .
          
        
         
           Notes for div A42930-e41520
           
             What
             symptomes
             for
             a
             Presumption
             in
             certain
             cases
             of
             goods
             cast
             over
             board
             ,
             that
             they
             are
             not
             Derelict
             .
          
        
         
           Notes for div A42930-e41560
           
             Res
             nullius
             ,
             &
             Noviter
             inventa
             ,
             fit
             primo
             Occupantis
             .
          
        
         
           Notes for div A42930-e41600
           
             Now
             called
             
               Royal
               Fishes
            
             .
             Out
             of
             the
             mouth
             of
             a
             Fish
             the
             King
             of
             Kings
             himself
             will
             work
             a
             Miracle
             to
             pay
             Tribute
             ,
             rather
             then
             offend
             by
             denying
             it
             where
             it
             is
             due
             .
             Matth.
             17.
             27.
             
          
        
         
           Notes for div A42930-e41650
           
             In
             such
             things
             Custome
             is
             to
             be
             observed
             .
          
        
         
           Notes for div A42930-e41690
           
             Consuetudo
             in
             tract
             of
             time
             may
             evaporate
             into
             Desuetudo
             ;
             as
             in
             this
             Case
             .
          
        
         
           Notes for div A42930-e41770
           
             This
             hath
             reference
             only
             to
             such
             times
             and
             places
             ,
             as
             wherein
             such
             Custome
             did
             prevail
             .
          
        
         
           Notes for div A42930-e41810
           
             
               Locupletari
               nemo
               debet
               cum
               alterius
               injuria
               .
            
             Leg.
             14.
             tit
             .
             6.
             
             Cod.
             lib.
             5.
             
             &
             Dig.
             lib.
             23.
             tit
             .
             3.
             leg
             .
             6.
             
             §
             2.
             
             &
             Dig.
             lib.
             2.
             tit
             .
             15.
             leg
             .
             8.
             
             §
             22.
             
             &
             Dig.
             lib.
             12.
             tit
             .
             6.
             leg
             .
             14.
             
          
        
         
           Notes for div A42930-e41860
           
             Non
             tam
             tenetur
             ,
             qui
             non
             tenet
             ,
             quam
             qui
             detinet
             .
          
        
         
           Notes for div A42930-e41900
           
             Consuetudo
             est
             Lex
             non
             scripta
             ,
             &
             Natura
             postscripta
             .
          
           
             Goods
             found
             and
             presumed
             to
             have
             belonged
             to
             Shipping
             ,
             are
             dedicated
             not
             to
             profane
             but
             pious
             uses
             .
          
           
             Art.
             26.
             
             If
             in
             Heaven
             ,
             they
             need
             no
             Prayers
             ;
             if
             in
             Hell
             ,
             
               Ab
               inferis
               nulla
               Redemptio
            
             ;
             if
             in
             Purgatory
             ,
             't
             is
             pity
             to
             trouble
             them
             ,
             the
             longer
             there
             ,
             the
             better
             purged
             ;
             This
             is
             
               Rom●s
               Utopia
            
             .
          
        
         
           Notes for div A42930-e41990
           
             
               Res
               capta
               sit
               Captentis
            
             ,
             was
             Law
             well
             meant
             at
             Oleron
             ;
             but
             very
             ill
             expounded
             by
             our
             late
             Interpreters
             .
          
        
         
           Notes for div A42930-e42050
           
             Presupposing
             the
             Finders
             knowledge
             of
             of
             the
             true
             Owner
             thereof
             .
          
        
         
           Notes for div A42930-e42090
           
             What
             the
             Law
             is
             in
             Case
             of
             Treasure
             Trove
             .
          
           
             You
             may
             not
             Note
             or
             infer
             hence
             ,
             as
             if
             in
             all
             Ages
             the
             Clergie
             had
             a
             finger
             in
             all
             Elements
             .
          
        
         
           Notes for div A42930-e42140
           
             What
             the
             Law
             is
             in
             case
             a
             Ship
             by
             stresse
             of
             weather
             be
             forced
             from
             her
             Cables
             and
             Anchors
             .
          
           
             Well
             meaning
             devotion
             in
             a
             Superstitious
             way
             ,
             opens
             a
             dore
             to
             Idolatrie
             ;
             And
             Politick
             devotion
             in
             an
             hy-pocritical
             way
             Le
             ts
             in
             Blasphemy
             .
          
           
             The
             Names
             of
             Skippers
             or
             of
             their
             Ships
             to
             be
             engraven
             on
             their
             Boyes
             .
          
        
         
           Notes for div A42930-e42230
           
             What
             the
             Law
             is
             in
             case
             of
             Wreck
             .
          
        
         
           Notes for div A42930-e42270
           
             Pirates
             and
             other
             unreasonable
             men
             are
             to
             be
             dealt
             with
             like
             other
             irrational
             Animals
             .
          
           
             Catholick
             signifies
             General
             or
             Universal
             ;
             But
             Orthodoae
             hath
             a
             far
             better
             Signification
             .
          
        
      
    
  

