the dampness of the Ship and that the two last men cannot receive their proportion There are in this case these things to be considered 1. Whether the Master is bound to deliver the exact quantity 2. Whether those that have received this loss can charge the Assurors 3. Whether the Assurors can bring in the first men for a contribution they having their Salt delivered to them compleatly Certainly the Master is not bound to deliver the exact quantity nor is he obliged to redeliver thev ery specifical Salt but onely as men are to repay Money or Corn by the distinction in a Bagg or Sack and out of them but if the fault was in not pumping keeping dry his Deck and the like there è contra though perhaps there may be special agreement Besides this is a peril of the Sea against which the Master could not prevent and of necessity he must deliver to one first before another As to the second It is no question but that the Assurors shall answer But whether they shall bring in the first men for contribution may be some doubt It has been conceived by some that they ought not for they delivered their Salt to the Master tanquam in Creditum and was not to expect the redelivery of the same specifical Salt Besides the Master must of necessity deliver to one man before another But by others it has been conceived they ought to contribute per ratione for as Goods of necessity some must be stowed in the Hold and that such Goods seldome fail without a perill of the Sea so the rest must of necessity contribute to that misfortune and so make no distinction The Bills of Lading are very useful to settle the difference between the Assuror and assured of which there are 3. parts one sent over Sea the other left with the Master and the last remaining with the Lader XVI The Office of Assurance was Erected by the Statute of 43 Eliz. Cap. 12. which reciting That whereas differences growing upon Pollicyes of Assurances had been ordered by discreet Merchants approved by the Lord Mayor who did speedily decide those causes untill that of late years divers persons did withdraw themselves from that Arbitrary course and have sought to draw the parties assured to seek their Moneys of every several Assurer by Suits Commenced in her Majesties Court to their great Charges and delay whereupon it was Enacted That the Chancellor or Keeper for the time being should issue forth a standing Commission to be renewed yearly or as often as to him shall seem meet for the hearing and determining of all such causes arising on Pollicies of Assurance as shall be entred in the Office of Assurance in London The Judges or Commissioners appointed are the Judge of the Court of Admiralty the Recorder of London two Doctors of the Civil Law two Common Lawyers 8. grave and discreet Merchants or to any 5. of them and that they or the greatest part of the Commissioners have power to Hear Examine Order and Decree all such causes in a brief and summary way without formality of pleading They have power to summon the parties examine witnesâ—…s upon Oath commit to prison upon refusal of obedience to their Decrees they are to meet once a week at the Assurance Office or some other convenient publique place and no Fees at all are to be exacted by any person whatsoever There lyes an Appeal from their Sentence to the Lord Chancellor or Lord Keeper but the party must deposite the moneys decreed and then though the party be imprisoned he may be discharged and then it lyes in the Lord Chancellors or Keepers Breast to affirm or reverse and to award the party assured double costs No Commissioner being party Assuror can act by vertue of this Commission nor untill he hath taken his Corporal Oath before the Major and Court of Aldermen To proceed uprightly and indifferently between party and party XVII This was a good Act had it been as carefully penn'd as was intended for there were many things in which this Act did not extend to First Any man may at this day make a private Pollicy notwithstanding this Act which is as good and effectual in Law to all intents and purposes as one made and entred in the said Office and that such a Pollicy might and may be now sued at the Common Law Secondly The number of Commissioners being so great that there could be no Court without 5. at the least and without a Court they neither could summon parties or examine witnesses and that was very difficult to get Thirdly If the parties or witnesses refused to appear they had no power to punish the party for the delay with costs or otherwise which was very mischievous Fourthly No Commissioner could sit before he was sworn Commissions and the Commissioners being often renewed it was a trouble to be attending a Court of Aldermen which was difficult sometimes of the year to get Fifthly Though they had power to commit the party who refused to obey their Decree yet they had no power to make any Order against the Ship Which matters being taken into consideration it was Enacted That 3. Commissioners whereof a Doctor of the Civil Law and a Barrister of 5. years standing to be one should make a Court and to act as any 5. before might have done They have likewise power now given them to summon parties and witnesses and upon contempt or delay in the witnesses upon the first summons and tender of reasonable charges and in the parties upon the second summons to imprison offendors or give costs Every Commissioner is now to take his Oath before the Lord Major to proceed uprightly in the execution of the said Commission and any of them may administer an Oath so as the adverse party may have notice to the end such person may be fairly examined Commissions may issue out of the Court of Admiralty for examining of witnesses beyond Seas or in remote places by directions of the Commissioners and Decrees may be made against body and goods and against Executors and Administrators and Execution accordingly and assess Costs of Suit as to them shall seem just But Execution cannot be against Body and Goods for the same debt but the party must make his Election as at the Common Law XVIII But these Statutes took not away that Cognizance which the Courts at Westminster claymed upon such Contracts by the Common Law but onely gave this new erected Court a concurrent Jurisdiction with those at the Common Law for though the loss happened out of the Realm yet they had Jurisdiction of the Cause And therefore if an Action is brought upon a Pollicy of Assurance though the loss happened at Sea yet the Jury shall enquire for the loss is not the direct ground of the Action but the Assumpsit The Admiralty have likewise put in if not for an absolute Jurisdiction yet at least a concurrent one yet both have
DE Jure Maritimo ET NAVALI OR A TREATISE OF Affaires Maritime And of Commerce In Three Books LONDON Printed for John Bellinger in Clifford's Inne Lane against the West Doore of St. Dunstan's Church And George Dawes in Chancery Lane against Lincolns-Inne Gate And Robert Boulter at the Turk's Head in Cornhill 1676. THE Wisdome of God is highly to be admired who hath not endowed the other living Creatures with that Soveraigne Perfection of Wisdome but hath secured and provided for them by natural Muniments from assault and peril and other necessities But to Man he formed him naked and frail because of furnishing him with Wisdome Understanding Memory and Sence to govern his Actions endowing him with that pious affection of desiring Society whereby one is inclined to defend love cherish and afford mutual ayd to each other Nor hath he in no less a wonderful manner Infinitely Transcending all humane wisdom and understanding created the material world to be subservient to his Being and Well-being Yet without humane Understanding and Reason did he not build a Ship raise a Fort make Bread or Cloth but these came to pass onely by humane Arts and Industry in which by the Revolutions of the Coelestial Bodies Times and Seasons materials and other necessaries are brought forth by the alteration of which men in their proper seasons reap the fruits of their Labour so that there is no Society Nation Countrey or Kingdom but stands in need of another hence it is that men knowing each others necessities are invited to Traffique and Commerce in the different parts and emensities of this vast World to supply each others necessities and adorn the conveniences of humane life And as God hath so ordered this wonderful dependance of his Creatures on each other so hath he by a Law Immutable provided a Rule for Men in all their actions obliging each other to the performance of that which is right not onely to Justice but likewise to all other Moral Virtues the which is no more but the dictate of right Reason founded in the Soul of Man shewing the necessity to be in some act by its convenience and disconvenience in the rational nature in Man and consequently that it is either forbidden or commanded by the Author of Nature which is the Eternal Creator of all things And as God hath imprinted this Universal Law in the minds of all Men so hath he given Men power Society being admitted to establish other Lawes which proceeds from the will the which is drawn from the Civil power that is from him or them that Rule the Commonwealth or Society of Freemen united for their common benefit which is called the Lawes of Nations and which by the will of all or many Nations hath received force to oblige and is proved by a continued use and testimony of Authentique Memorials of Learned or Skilful Men. Now by the Lawes of Nature every Man is bound to profit another in what he can nor is the same onely Lawful but Commendable so true was that saying Nothing is more serviceable to man then man But if Man shall neglect this immutable Law in the ayding and assisting his fellow Citizen and enquire and dispute why God had laid this necessity upon him And when Opportunity gives leave to take the benefit of Wind or Tyde in order to his furnishing himself or Neighbour with those things that adorn humane life to dispute the Causes of their flux and reflux and how they vary and change He not only offends the Laws of Nature but assumes a power of destroying Society and consequently becomes at the least a wilful transgressor of the Lawes of Nations And though the Eternal Power hath so Established this necessity in Mankind that every man should stand in need of another man yet so great a Providence is over Industrious men that scarce any man not disabled by Nature or Accident Sickness Impotenoy and the like but by his Industry and pains may earn more than would supply his necessities and so much as any man gets by being truly Industrious above what supplyes his necessities is so much beneficial to himself and Family as also an enriching to that Kingdome or State where he resides from hence it is that all Mankind present or to come are either Traders by themselves or others and the ends designed by Trade and Commerce are Strength Wealth and Imployment for all sorts of people where the same doth most flourish the end tending to the advancement Oppulancy and greatness of such a Kingdom or State Constantinople the Throne once of Christendome having been Sack't by Mahomet the Second became a place of desolation as well as horror yet he by granting a free Trade and Religion soon after repeopled that great but unhappy Spott Nor did Silemus tread amiss in following the steps of his Victorious Predecessor when having the like success on Tauris and Grand Cairo he translated the Persian and Egyptian Artificers and Traders to that repeopled City following the Example of the Roman Virtues Nor did our Victorious Third Edward deem it an Act unbeseeming his great Wisdome when he brought in the Walloons whose Industry soon Established the Woollen Manufacture he not deigning to give no less a security for the enjoying their then granted Immunities and Priviledges then his own Royal Person Nor did that politick Princess shut her Ears from embracing the Offer of those distressed Burgundians after the Example of her Great and Royal Predecessor who sought refuge in her Dominions from the ridged severity of the long Bearded Alva who planting themselves by her appointment at Norwich Colchester Canterbury and other Towns have of those places then only habitations for Beggars raised them now in competition with if not excelling all or most of the Cities in England for Riches Plenty and Trade Nor need we run into the History of earlier Times to give an account of the many Kingdomes and States that have risen by Industry and Commerce 't is enough if we cast our Eyes on our Neighbour the Hollander a place by relation of Ortelius not much bigger then Yorkshire and such a Spott as if God had reserved it as a place onely to digg Turf out of for the accommodateing those Countries wherein he hoards up the miseries of Winter it affording Naturally not any one Commodity of use yet by Commerce and Trade the Daughters of Industry it is now become the Store-House of all those Merchandizes that may be Collected from the rising to the setting of the Sun and gives those People a name as Large and High as the greatest Monarch this day on Earth Nor need we pass out of Christendome to find Examples of the like when Venice Genoa Lubeck Embden and the rest of the Hansiatique Towns once the Marts of the World till Sloth Luxury and Ambition got within their Walls and drove it to Ports of Industry that have since kist and embrac't it
commonly proportioned according to the offence committed Sometimes they were easy of which sort were those which only brand the Souldier with disgrace others were those that came heavy on the Person or Body to the first belonged a shameful discharging or casheering a Mariner or Souldier from the Army and generally lookt on as a matter of great disgrace which punishment remains at this day for offences as well in England as in most parts A second was by stopping of their Pay such Souldiers which suffered this kind of mulct were said to be Aere diruti for that Aes illud diruebatur in fiscum non in Militis sacculum the which is and may at this day be inflicted especially on such as shall wilfully spoil their Arms and the like sort of offences A third was a Sentence enjoyn'd on a Souldier to resign up his Spear for as those which had atchieved any Noble Act were for their greater Honour Hasta pura donati so others for their greater disgrace were inforc'd to resign up that Military Weapon of Honour A fourth sort of punishment was that the whole Cohort which had lost their Banners or Standards either in the Fields or at Sea were inforc'd to eat nothing but Barley bread being deprived of their allowance in Wheat and every Centurion in that Cohort had his Souldiers belt or girdle taken from him which was no less disgrace among them then the degrading among us one of the Order of the Garter for petty faults they generally made them stand bare-footed before the Generall 's Pavilion with long poles of 10 foot in length in their hands and sometimes in the sight of the other Souldiers to walk up and down with turfes on their necks sometimes carrying a beam like a fork upon their shoulders round the Town the last of their punishments was the opening of a Vein or letting them blood in one of their arms which generally was inflicted on them who were too hot and bold The great Judgments were to be beaten with rods which was generally inflicted on those who had not discharged their Office in the sending about that Table called Tessera wherein the Watch-word was written or those who had itoln any thing from the Camp or that had forsaken to keep Watch or those that had born any false witness against their Fellows or had abused their Bodies by Women or those that had been punished thrice for the same fault sometimes they were sold for bond-Slaves beheaded and hang'd But the last which was in their mutinies the punishment fell either to Lots as the tenth twentieth and sometimes the hundredth Man who were punished with Cudgelling and with these punishments those in England have a very near affinity as cleansing the Ship loosing pay ducking in the Water beaten at the Capsons head hoisted up the main yard end with a shovel at their back hang'd and shot to death and the like XXVI The Admiral may grant Commissions to inferior Vice-Admirals or Commanders in chief of any Squadron of Ships to assemble Court Martials consisting of Commanders and Captains for the Tryal and Execution of any of the offences or misdemeanours which shall be committed at Sea but if one be attainted before them the same works no corruption of Blood or forfeiture of Lands nor can they try any Person that is not in actual Service and pay in His Majesty's Fleet and Ships of War But in no case where there is Sentence of death can the execution of the same be without leave of the Lord Admirall if the same be committed within the narrow Seas yet this does not extend to mutiny for there in that case the party may be executed presently All offences committed in any voyage beyond the narrow Seas where Sentence of death shall be given upon any of the aforesaid offences execution cannot be awarded nor done but by the Order of the Commader in chief of that Fleet or Squadron wherein Sentence of death was passed XXVII The Judge Advocate hath power given by the words of the Statut to administer an Oath in order to the Examination or Tryal of any of the offences mentioned in the Stat. of 13 Car. 2. Cap. 9. and in his absence the Court Marshall has power to appoint any other Person to administer an Oath to the same purpose This Statut enlarges not the power and and jurisdiction of the Admiral any further then only to the above mentioned offences in no case whatsoever but leaves his authority as it was before the making of this Statut. Nor does it give the Admiral any other or further power to enquire and punish any of the above-mentioned offences unless the same be done upon the main Sea or in Ships or Vessels being and hovering in the main stream of great Rivers only beneath the Bridges of the same Rivers nigh to the Seas within the jurisdiction of the Admiralty and in no other place whatsoever XXVIII As Souldiers and Mariners for the honour and safety of the Realm do expose dayly their lives and limbs so the Realm hath likewise provided for them in case they survive and should prove disabled or unfit for Service a reasonable and comfortable maintainance to keep them the which the Justices of the Peace have power yearly in their Easter Sessions to raise by way of a Taxe for a weekly relief of maimed Souldiers and Mariners The maimed Souldier or Mariner must repair to the Treasurer of the County where he was prest if he be able to travel if he was not then to the Treasurer of the County where he was born or where he last dwelt by the space of three Years but if he proves unable to travel then to the Treasurer of the County where he lands He must have a Certificate under the chief Commander or of his Captain containing the particulars of his hurt and Services The allowances to one not having been an Officer is not to exceed ten pound per annum Under a Lievtenant 15 A Lievtenant 20. Till the Mariner arrives at his proper Treasurer they are to be relieved from Treasurer to Treasurer and when they are provided for if any of them shall go a begging or couterfeit Certificats they shall suffer as common rogues and loose their Pensions Over and above this provision His Sacred Majesty hath provided a further supplyment for his maimed Mariners and Souldiers disabled in the Serviceâ—… which is issued out of the Chest at Chatham and constantly and duely pay'd them and for his Commanders Officers and others that served aboard he of his Royal Bounty hath given to those that bear the character of War and purchase the same by their fidelity and valour a pious Bounty called Smart-Money over and above their Pay XXIX The wisedom of the Romans was mightily to be commended in giving of Triumphs to their Generals after their returns of which they had various sorts but the greatest was when the General rid
Vinegar Perry Rape Cider and Cider-eager both in London and out Ports is the same with the Subsidy of French Wines payable in London VII So likewise there is a further Imposition called Aliens Custome for all Fish Fish Oyl Blubber Whale-bone or Whale-fins not being caught in vessels belonging to Englishmen are to pay double Strangers Custome So likewise Custome and Impost to be paid for several sorts of salted or dryed Fish not imported in Ships English built or belonging to England and not having been stifled and caught in such Ships Upon which ACT Note That the 5. per Cent. is not to be allowed out of the Petty Custome VIII There is likewise an Excise or Impost upon Forraign Liquors imported That is to say Beer or Ale 6 s. per Barrel Cyder or Perry the Tun ten shillings Brandy or Strong Waters perfectly made 8 d. per Gallon If any of those Goods be landed before those Duties be fully paid and Warrants signed and without presence of an Officer they are forfeited the Informer half IX There is likewise Duties imposed on several Commodities Exported by several Acts of Parliament subsequent to the Act of Tunnage and Poundage Coals Transported in English Shipping and Navigation for his Majesties Plantations in lieu of all Custome shall pay onely for one Chaldron of New-Castle Measure 1 s. 8 d. For one Chaldron London Measure 1 s. Provided good Security be given for landing the said Coales accordingly There are likewise several Native Commodities and Cattle prohibited by divers Acts of Parliament not to be Transported unless sold under such prices but non obstante they may now be Exported paying Custome according to the Book of Rates X. There is likewise an Imposition on Beer Ale and Mum to be Exported to pay 1 s. per Tun and no more But this is but tempore for 6. years So likewise Leather of all sorts Sheep-skins Calve-skins Tanned or dressed non obstante any former Law paying for each hundred weight cont ' 112 l. weight one shilling and no more This ends in 25th of March 1675. and both of them to the end of the next Sessions of Parliament after Likewise all sorts of Forraign Coyn or Bullion of Gold or Silver may be Exported without paying any Duty or Fee for the same entry being first made in the Custome-House the like for Diamonds Pretious Stones Jewels and Pearls of all sorts XI All persons whatsoever may Import from any place beyond Sea in English Ships Mace Nutmegs Cynamon Cloves into England Wales Jersey Guernsey paying the Customes thereof Provided before the lading thereof they give notice to the Commissioners or Farmers of the Customes of the quantity quality they intend to lade with the name of the Vessel in which they intend to import the same and procure a Licence under the hands of the said Farmers or Commissioners or any 3. of them for the Importing the same Note If Goods are Wreck't and the Lord seizes them yet they ought not to pay Custome XII Fees and Allowances due and payable to the Officers of his Majesties Customes and Subsidies in the Port of London and the Members and Creeks thereunto belonging That is to say to the Officers of the Petty Customes Outwards Subsidy Outward Petty Customes Inwards Subsidies Inwards Great Customes Clerks Fees Inwards and Outwards the Kings Waiters being in number Eighteen the Register of the Kings Warrants the Usher of the Custome-House Gaugers of French Vessels Chief Searcher and his Majesties five Under-Searchers in the Port of London and the two Searchers at Graves-end were all set and entred in a Table the same was settled by the Commons House of Parliament and signed by the Right Honourable Sir Edward Turner now Lord Chief Baron of his Majesties Court of Exchequer and then Speaker to the Commons House of Parliament at which time the Question being put That for all Goods not paying one pound Custome in or out there shall be but half Fees taken for all Cocquets Warrants Debentures Transires or Certificates It was Resolved in the affirmative XIII Societies or Companies Trading in a joynt stock and making but one single Entry the Adventurers being many the Table of Fees does not hinder but the Officers and Waiters may receive such gratuity as the Company shall voluntarily give All Goods under the value of 5 l. in the Book of Rates paying Subsidy the sum of 5 s. or less shall pass without payment of Fee English Merchants that shall land out of one Ship at one time although the receipt of the Subsidy be distributed into several Offices shall not pay any more than for a single entry The Goods of Partnership to pass as if the propriety were in one single person Fish by English in English shipping or Vessels inwards or Outwards all along the Coast to pay no Fee Post Entries inward to pass without Fee under five shillings if above five shillings and under forty shillings then six pence but if the Custome to be paid exceed 40 s then full Fees The Merchant shall pay for all Goods opening that shall be short entred above 10 s. Custome The Merchant shall pay for weighing of all Goods shall be short entred above 20 s. Custome The Merchant is not to be at any charge if duly Entred XIV There is likewise to be allowed to the Merchants a certain abatement called Tare for Goods and Merchandize the which is reduced into a Table and cannot be deviated from in any case within the Port of London without special direction of the Commissioners or Farmers or in their absence of the consent of the General Surveyors and Surveyor of the Ware-house or of two of them at the least whereof the Surveyor of the Ware-house to be one and in the Out-Ports not without the consent and advice of the Collector and Surveyor or where there is no Surveyor by the Collector himself giving speedy notice to the Commissioners or Farmers of the reason of so doing CHAP. XIV Of Scavage Package Portecage Ports Members Craks the Port of London and places lawful to lade and unlade in I. Scavage what where payable and to whom II. Who pay the same and how Reguâ—…ated and governed III. Goods omitted in the Scavage Table of Rates how to pay IV. Of Package how govern'd and where payable V. Where Strangers shall pay as of old VI. Of Packers Water-side Porters what Duties Strangers are to pay for shipping out their Goods VII Of Ports Members and Creeks what are meant and understood by them as in reference to action lawful or unlawful VIII The several Ports Members and Creeks in England and Wales IX Of the Extent of the Port of London X. Of the several Keyes Wharfs and other placès lawfull for landing of Goods XII What Goods are Excepted which may be shipped or landed at other places I. SCavage is an ancient Toll or Custome exacted by Majors Sheriffs c.
as the Conqueror should transmit to them all which are the tokens of a Nation by conquest made subordinate to the Conqueror and are part Heril and part Civil and though they may remain a Kingdom and absolute within themselves as to the making of Laws to the obliging each other yet they can no wayes impose on their Conqueror for though that be true which in Quintilian is alledged on the behalf of the Thebanes that that only is the Conquerors which he holds himself but an Incorporeal right can not be holden and the condition of an Heir and of a Conqueror is different because the right passeth to the former by the descent but only the thing by the last by virtue of the Conquest But certainly that is no objection for he that is master of the Persons is also master of the things and of all right which does belong to the Persons for he that is possessed dotâ—… not possesse for himself nor hath he any thing in his power who hath not himself and so it is if he leaves the right of a Kingdom to a conquered People he may take to himself some things which were the Kingdoms for it is at his pleasure to appoint what measure he will to his own favour from hence it is we may observe what fort of Empire that Kingdom is at this day VII Now Ireland before the same became united to the Crown by the Conquest of Henry the II. the natives were meer Aliens and out of the protection of the Laws of this Realm yet when once they became a conquered People and subject to the Crown of England and united ad fidem Regis there did arise their allegeance but that union neither made them capable of the Laws of England nor of their own till such time as the Conqueror had so declared them now what do they desire in order to revive their Government First they humbly beg of King Henry II. that since he was pleased that they should remain as a distinct Dominion that their ancient Customes or Usages should not continue that he would be pleased to ordain that such Laws as he had in England should be of force and observed in Ireland pursuant to which he grants them power to hold Assemblies by the three Estates of the Realm and that they should be regulated according to the institution and manner of the Parliaments in England should have the benefit of Magna Charta and other the great Laws of England and by such means puts them into a method of Governing themselves according to the known wayes of England and to make such Laws as should bind among themselves and by following the example of those of England their Judgment might be supervized and corrected according to the Justice and Laws of England by Writs of Error Appeal and the like Now here is no continuing or reviving their Ancient Government but the introducing a new one part Civil and part Heril nor indeed had they before any such thing as a Parliament there or general Assembly of the three Estates for when Henry the II. went over there were several Kings or Scepts who had their several and distinct Assemblies but when they submitted this great Assembly of Estates which he constituted was a collection out of all of them for their future well Government so that whatsoever modus of Regiment the Conqueror declared it was no more then for the well Governing of the Place and making such Laws as were necessary and proper amongst themselves But for them to impose by vertue of an Act of Naturalization upon an absolute Kingdom as England without the consent of the three Estates of the same surely was never intended much less effected the case is both great and curious therefore c. VIII By the Laws of France all Persons not born under legeance of that King are accounted Aliens and if they dye the King is entitled to the estate for all shall be seized into his Exchequer or Finances but if they make a Will the prerogative is disappointed Yet that extends only to Chattels personal in which Strangers passing through the same have greater immunities then Aliens there resident for Travailers dying without Will the Heirs or Executors shall have benefit and possession of their Estates IX The like Priviledge the Kings of England formerly claimed in the Goods and Estates of the Jews after their death if the Heir sued not and paid a fine to the King to enjoy them as by this Record appears Irratores super sacrum suum dicunt quod praedictum Messuagium fuit quondam Eliae le Bland qui c. diem claufit extremum quia mos est Judaeismi quod Dominus Reg omnia Cattalla Judaei mortui de jure dare poterit cui voluerit nisi propinquer haeres ejusdem Judaei finem feceret pro eisdem dicunt quod Dominus Rex dictum Messuagium dare poterit cui voluerit sine injuria alicui facienda si ita quod sit haeres dicti Eliae finem non fecerit pro Catallis ejusdem Eliae habendis c. But whether the same is now used may seem doubtful for the goods of Aliens escheat not at this day to the Crown but Administration shall be committed to the next of Kin. X. By the Laws of France Flanders Milan and the French County of Savoy though possessed by several other Princes yet the Natives of the same partake in the immunities with the natural born Subjects of France and if they dye without Will their Heirs claim their Estates the reason given because say they those Countreys were never alienated from them but were alwayes annexed to the Crown of France who acknowledges them to be their Subjects to this day But in England it is otherwise for those that are born in Gascoin Normandy Acquitain and those other Territories which were formerly the possessions of the Crown of England in which if any had been born when subject to the same they would have been natural born Subjects yet now are esteemed Aliens and so was the case vouched by Shard of a Norman who had robbed together with other English divers of his Majesties Subjects in the Narrow Seas being taken and arraigned the Norman was found guilty only of Fellony and the rest of Treason for that Normandy being lost by King John was out of the allegiance of Ed. 3. and the Norman was accounted as an Alien XI In France the Kings may there Denizize so likewise here in England but with this difference the Letters of Denization by those of France remove the totall disability and incapacity of the Alien But in England the Charter of Donasion or Denization is but a temporary partial and imperfect amotion of the disability of an Alien for though it puts the Person Indenizen'd as to some purposes in the condition of a Subject and enables a transmission hereditary to his Children born after the Denization