Oath as their firmament though that is not so for the most part of the efficacy of such Leagues rests in the promise it self to which for Religion sake the Oath is added Hence it is that Promises made to a Free-People are in their nature real because the subject is a permanent matter although the State or Republique be changed into a Monarchy yet the League remains for that the body i. e. the power is still the same though the Head be changed And the Person is incerted into the agreement not that the agreement may be personal but to shew with whom it is made for if it be incerted into the League that it shall be perpetual or that it is made for the good of the Kingdom or with the Person and his Successors or for a time limited the same does most apparently demonstrate the thing to be real However in all Leagues which tend to Peace though there may remain somewhat whereby words of ambiguity may arise yet the most pious way of interpreting hath been to account the same rather real then Personal for all Leagues made for Peace or Commerce admit of a favorable construction Leagues defensive have more of favour offensive of burthen XVIII Leagues made with Princes although they happen afterwards to be driven out of their Kingdoms by their Subjects yet the League remains firm and good for the Right of the Kingdom remains with such an unfortunate Prince notwithstanding he hath lost his Kingdom on the other hand Leagues made with the Invader cannot be good for his cause being unjust is odious but if the people will make him King de facto and investe him the question is then out of all controversy for then he is become a King regnant and by the Laws of England if treason by committed against his Person and after he is beaten out and the King de Jure comes to his Crown the King de Jure may punish those Traytours with death The Earl of Warwick having raised an Army in France and Flanders invaded England and within five or six daies after his landing King Edwards Forces betraying him the Earl became Master of the Realm the King flying for protection to his Kinsman the Duke of Burgundy he kindly in his misfortunes entertained him yet while he was in this banished estate the Duke of Burgundy renewed the League with the English it being agreed that notwithstanding King Edwards misfortune the League remained firm and unviolable between the Duke Charles of Burgundy and the King and Realm of England So that for Edward they should name Henry who was newly taken out of the Tower by the Earl of Warwick at his chacing out of King Edward now the true reason that Leagues remain and are firm notwithstanding such a change is because there goes along with them a tacite condition viz. of holding their possessions and therefore the World wondred not that His late Sacred Majesty having sworn a League with the King of Spain expresly as he was King of Portugal did notwithstanding receive two Embassadors from the then new King of Portugal and that without being judged either in England or Spain to have broken his former Oath and League The Duke of Guise having formed the League against Henry the Third which was that in regard the King was so cold in the Profession of the Romish Faith that it was in danger to be extinguisht by the increase which he permitted of the Reformed Religion especially seeing Henry the Fourth then King of Navar was of that Religion and was to succeed to the Crown wherefore by the Mediation of Philip the Second of Spain the Pope qualified the Duke of Guise Head of that Catholique League and which in point of Government was to set him above the King avowed him Protector of the Catholique Faith in the Kingdom of France When Henry the Fourth succeeded the Crown then this League for security of Religion was most violent and the Spaniard without hoped by nourishing thus the division within to carry all for himself at last To avoid which gin and to answer all the King chang'd his Religion and negotiated by d'Ossat to be received by the Pope as a dutyful Son of the Church of Rome demanding absolution for what was past and making large promisses of due obedience for the time to come the King of Spains interest was that he should not be received and thereupon he endeavoured to perswade the Pope that King Henry did but dissemble with him and that under this disguise he would easiest ruine the Romish Religion notwithstanding this the Cardinal obtained his Reception Absolution and Benidiction through the many promises and presents which he made to His Holyness whereupon the Spaniards designes were in a moment all blown over from France but fell heavily upon the United Provinces which were sorely opprest for that they apprehended the loss and ruine of their Countrey and thereupon they implored assistance from King Henry who received their Ambassadours very gratiously and gave them assurance of relief The King of Spain who wanted no good intelligence in the Court of France immediately remonstrates to the Pope that his former inclinations concerning Henry's dissimulations did now appear in the face of all the World and that seeing His Holyness had been so credulous he knew not now whether they should be able to save the Catholique Faith from being subjected to the Reformed Religion or no for whereas the Hollanders had revolted from him only because he resolved to use the true means for the establishment of the Romish Faith among them and that now he was in a fair way of reducing them which conduced so much by his Holiness his opinion to the establishment of the Romish Faith Henry had taken their party against him in that work and that at Paris he had received their Ambassadors to that purpose although he knew they were his lawful Subjects c. This startled the Pope not a little who charged d'Ossat for having betrayed him and put the Church in danger this argument was as subtil on the Spaniards side as changing Religion was on King Henry's and therefore the Cardinal was not a little perplext how to answer it to the advantage of his Master as also coherently to the considerations of his former reception into the Church But at last he replyed That His Holyness needed not wonder how in reason of State those different Religions might joyn together for political ends without hazard of altering Religion Thus David sought protection of the Philistians and Abraham redeemed the sinful Sodomites That he took it to be upon the same ground that His Holyness himself not long before received a Persian Ambassador who was so far from being an Heretick that he never pretended to the Name of Christian that it was a plausible argument which the King of Spain used in complaining of Henry's receiving and avowing their Ambassador especially knowing
against any of the Articles for the Government of any of His Majesties Ships of War within the Narrow Seas wherein the pains of death are to be inflicted execution of such Sentence ought not to be made without leave of the Lord Admiral this of mutiny is totally excepted for such may be executed immediately XX. It is not lawful for Princes or States to make of their Enemies Traytors or to desert the Service of their Prince or to bring over their Ships Ordinance Provisions or Arms for as it is not lawful for any Subject to do the same so likewise to tempt him for he that gives a cause of sinning to another sins also himself but if a Man will voluntarily without any other impulse then his own bring over the Ships or Armies or deserts the Service of his Prince to serve another this though a fault in the desertor is not in the reciever We recieve a fugitive by the Law of War saith Celsus that is it is not against the Law of War to admit him who having deserted his Princes part elected his Enenemies nor are such to be rendred except it shall be agreed as in the Peace of Lewis the 11th However such sort of gamsters if caught are to be severely punished and therefore it is provided that if any Sea Captain Officer or Sea-Man that shall betray his trust or turn to the Enemy Pyrat or Rebel or run away with their Ship or Ordinance Ammunition or Provision to the weakning of the Service or yield the same up to the Enemy Pyrat or Rebel shall be punished with death so likewise if any shall desert the Service or the Employment which they are in a Ship-board or shall run away or entice any other so to do they are subject to the like pain of death And by the Law of Nations such desertors that run away from their Colours or Fleet before Peace proclaimed and concluded all Persons of that Prince from whom they fled have a right indulged to them to execute publique revenge XXI By the Law of Nations Spyes may be sent to view and survey the Enemies Force Fleet station and make discovery of whatsoever may give advantage to the Persons sending as is mentioned above but being deprehended they are to be put to death and therefore if any Person shall come from or be found in the nature of Spies to bring any seducing Letters or Messages from any Enemy or Rebel or shall attempt or endeavour to corrupt any Captain Officer Mariner or other of the Navy or Fleet to betray his or their trust or yield up any Ship or Ammunition or turn to the Enemy or Rebel shall be punished with death XXII Souldiers and Mariners ow all respect and duty to their Superior Officers and therefore when they are in anger they ought to avoyd them but above all not to quarrel with or give them any provoking language and therefore by the Law of Arms a Souldier who hath resisted his Captain willing to chastise him if he hath laid hold on his rod is casheer'd if he purposely break it or laid violent hands upon his Captain he dyes And by the Laws of England if any Person shall presume to quarrel with his Superior Officer he shall suffer severe punishment and if he strikes him shall suffer death or otherwise as a Court Marshal shall adjudge the matter to deserve XXIII And though Mariners and Souldiers may have just cause of complaint as that their victuals or provisions are not good yet must they not mutiny or rebel whereby to distract or confound the whole Crew but must make a civil and humble address to their Commander that the same may be amended and if the case be such that the Commander cannot redress the same by going to Port to supply the exigencies without detriment of the Fleet as if ready to engage or the like they must like Men and Souldiers bear with the extreamity considering that it is better that some Men should perish nay the whole Crew in one Ship then the whole Fleet nay perhaps the whole Kingdom be destroyed And therefore if any in the Fleet find cause of complaint of the unwholsomness of his victuals or upon other just ground he shall quietly make the same known to his Superior or Captain or Commander in chief as the occasion may deserve that such present remedy may be had as the matter may require and the said Superior or Commander is to cause the same to be presently remedied accordingly but no Person upon any such or other pretence shall privately attempt to stir up any disturbance upon pain of such severe punishment as a Court Martial shall think fit to inflict XXIV And as the Law doth provide that there be no waste or spoil of the Kings provision or imbezlement of the same so likewise that care be taken the Ships of War neither through negligence or wilfulness be stranded split or hazarded upon severe penalties In fights and when great Fleets are out there are generally instructions appointed for all Masters Pilots Ketches Hoyes and Smacks who are to attend the Fleet and to give them notice of the Roads Coasts Sands Rocks and the like and they have particular stations allotted them and orders given that if they shall find less water then such a proportion they then give a signall as they are directed to give and continue their signalls till they are answer'd from the Capitall Ships But in time of Fight they generally lay away their head from the Fleet and keep their lead and if they meet with such a proportion of water as is within their directions they are to give such signal as they recieve Orders for and stand off from the danger but the wilful burning of any Ship or Magazine-store of powder Ship-boat Ketch Hoy or Vessel or Tackle or furniture thereunto belonging not appertaining to an Enemy or Rebel shall be punished with death XXV There are other faults often committed by the Crew the which the Law does punish as a quarrelling a Ship-board using provoking speeches tending to make quarrel or disturbance murthers wilful killing of any Man Robbery Theft and the unnatural sin of Sodomy and Buggery committed with Man or Beast all which and all other faults and misdemeanors are punished with death or according to the Laws and Customs in such cases used at Sea and when any Persons have committed any of the offences particularly mentioned in the Stat. of 13 Car. 2. Cap. 9. and contained in the Articles or any others and for the which they shall be committed the Provost Marshal is to take them into custody and not suffer them to escape and all Officers and Sea-Men are to be aiding and assisting to Officers for the detecting and apprehending of offenders Touching the punishments that the Roman Generals used to their Souldiers when they were at a Court Marshal found faulty they were
Dominion universal 1 1. 1 Where acquired lawfully by Warr 1. 1. 7 Division of Estates first among Families 1. 1. 3 Dominion personal where the same may be 1. 6. 5 Dominion of things began from natural possession 1. 13. 10 Not founded in grace 2. 11. 3 Dower The Wife of one in Exile may bring a Writ of Dower 3. 1. 10 An Alien Wife cannot have the same unless a Queen 3. 2. 12 A Jew born in England takes a Jew born in England she cannot have Dower ibid. Ecclesiastical persons BY the Canon Law exempt from Reprizals 1 2. 16 So likewise from the Sword in time of Warr 1. 14. 18 Election Given to the Merchant to charge either Master or Pylot for Damage done 2. 9. 4 The like to charge the Master or Owners ibid. Embargo Embargo when by the Lawes of England 1. 1. 11 Goods of a Friend in the hands of an Enemy not subject to an Embargo 1. 1. 12 Goods laid aboard are Embargo'd yet Freight shall be paid 2. 1. 12 Enemy Goods taken from them become the Captors 1. 13. 10 Enemies Goods and Merchandize taken by them and afterwards retaken alters the property 1. 1. 7 Enemies what is lawful to do against them 1. 1. 9 If taken in the Realm are to be tryed by Martial Law 3. 4. 6 To relieve him by a Souldier in pay punished with death 1. 13. 8 England None could Trade thither without leave 1. 5. 7 English no Nation nâ—…re tender of their honour 1. 5. 9 Exchange Exchanges the various sorts 2. 10. 4 Bills on the same are to be governed by Custome 2. 10. 14 What amounts to an acceptance 2. 10. 15 Once accepted not to be revoked 2. 10. 28 Accepted for the honour of the drawer ibid. Executor Executor of a Forraigner shall not have the benefit of being discharged of Prisage though he is a Citizen of London 2. 8. 5 Exile The various wayes of banishing a Subject 3. 1. 9 What a man forfeits by the same 3. 1. 10 Exile of the Father binders not the Freedom of the Son ibid. Factor FActor Enemy the Goods of a Friend in his possession not subject to an Embarge 1. 1. 12 Factor contracts for another Port and before departure the Ship takes fire the Assurors are discharged 2. 7. 13 Factor super Cargo cannot alter the Voyage agreed on without special Commission 2. 4. 5 Factor super Cargo ought to be consulted with before there be a casting over-board 2. 6. 1 He ought to give notice if there be any Plate or Jewels in Boxes or Trunks 2. 6. 15 Factor Enemy the Goods in his possession not subject to Reprize 1. 1. 12 Cannot give time 3. 7. 3 Principal where obliged by his act and where not 3. 7. 4 Feés To the Officers of the Custome-house how governed 2. 13. 12 Felony The wilful casting away of a Ship by a Master that had taken up Moneys on Bottomery 2. 11. 11 Stealing of Cables or any of the Ships Furniture belonging to the King punished as Felons 1. 14. 11 Stealing of men at Sea Felony 1. 4. 15 Fishermen Fishermen ought not to Fish in the Night with Lanthorns or Lights 2. 5. 2 Flagg But a consecutive acknowledgment of the British Seas 1. 5. 7 Demanded peremptorily by the English and punished as Rebels if refused 1. 5. 9 How the same differs from that claymed by the French 1. 5. 11 The Right how far it is to be paid 1. 15. 3 How punishable for the neglect 1. 15. 5 Force Used by persons in opposition to Justice may occasion Reprisal 1. 2. 11 Forfeiture The Forfeiture of Ships drawes not the loss of the Boat 2. 1. 8 Forraigners Have a Right to compell where Justice is denyed in the ordinary way which Subjects have not 1. 1. 9 Forraigners Robb'd at Sea have a right to prosecute within the Stat of 28 H. 8. 1. 4. 7 So for the like offence to be punished by the Statute of 25 F. 3. 1. 4. 8 Forraigners in enmity together with some English commit Pyracy how punishable 1. 4. 9 Forraigners committing Pyracy on the British Seas punishable by the Crown of England and not elsewhere 1. 4. 10 Vide Aliens Fraud Fraud and Covinous Assurance is void 2. 7. 5. 15 Freéman How many wayes he may be made of City or Burrough 3. 1. 11 What makes a compleat Freeman ibid. Freight Freight where the same may be refused by the Master and where not 2. 4. 15 Freight is the Mother of Wages so likewise the Father of Damage 2. 1. 9 It is governed by the Contract 2. 4. 2 It shall be paid though the Ship proceeds not her Voyage if once she laded 2. 4. 4 Freight becomes due though there be a failer of compleating the Voyage according to the time agreed on 2. 4. 5 Freight not due if the Vessel is Robb'd 2. 4. 6 Out and in not due till the whole Voyage be compleated 2. 4. 8 If any fault arises from the Freighter he shall answer ibid. Fugitives Fugitives the houses of Ambassadors are Sanctuaries for them 1. 10. 12 Whether they may be delivered up flying into another Countrey 1. 11. 3 Persons that have wronged Kings of their Revenue have been delivered up when they become Fugitives 1. 11. 7 Are received by the Laws of Warr 1. 14. 20 Generals GOod Generals one of the greatest of happinesses that can come to a Prince 1. 13. 1 Such are followed to death by the Army ibid. Not to be slighted and of the Cruelty shewed to Belisarius 1. 13. 3 When taken in Battail they are not the Captors but that Princes or States by whose Subject they were taken 3. 1. 5 Goods When the property of the same is altered by the Lawes of Arms 1. 1. 7 Of a Friend in the custody of an Enemy not subject to Reprize 1. 1. 12 Goods counterband where the same may be subject to reprize 1. 1. 15 Of an Enemy may as well be spoyl'd as taken 1. 3. 1 What may be made Prize and what not 1. 3. 11 12 Goods secretly brought a shipboard if lost oblige not the Master 2. 1. 17 But if secretly brought in by the Master after a Ship is Freighted if damage happens to the rest he shall answer nor can those goods if cast over-board be subject to an Averidge 2. 4. 9 Goods on a mans Body not subject to an Averidge 2. 6. 4 Goods how estimated for the setling an Averidge 2. 6. 14 Exported what allowances to be made 2. 3. 2 5 Habitation IN time of Fire or Warr may be pulled down 1. 1. 4 Habitation or Domicil and not Originatirn or Nativity that subject men to Reprizal 1. 2. 14 Havens The same ought to be kept in peace 1. 1. 10 Hostages He that gives them is freed from his faith 1. 8. 6 Are not to be slain generally may be put to death if the Contract be broke 1. 14. 18 Impiety IMpiety punished a Shipboard 1. 13. 4 Incertainty Of the Port
pursuit and those of them flying nor ought such either through cowardize negligence or disaffection forbear the assisting of a known friend in view to their utmost power the breach of which subjects the offenders to the pains of death or at least such punishment as a Court Marshall shall think fit Empires are got by Arms and propagated by victory and by the Laws of War they that have overcome should govern those they have subdued Hence it is that Generalls having compleated a Conquest in a just War and in chase or otherwise have taken the Ships or Goods of the Enemy have absolute power over the Lives Estates Ships and things that they by force of Arms hath acquired by the Laws of Nations But yet in such Conquests where the reeking sword knows no Law that is they are done impune without punishment because co-active Judges do grant them their authority but yet such power may be exorbitant from that rule of right called Virtue and therefore by the Law of War Captives may be slain yet what Law forbids not modesty prohibits to be done Hence it is that Generals do often restrain that power of killing for though such Prisoners of War do fight for the maintenance of an unjust cause and although the War is begun by a solemn manner yet all acts that have their rise from thence are unjust by internal injustice so that they who knowingly do persist in fighting yet ought they not alwaies to be slain according to that of Seneca Cruel are they saies he that have cause of punishment but have no measure For he that in punishing goes further then is meet is the second author of injury and the principal reason why mercy is often shew'd is for that Souldiers of fortune offend not out of any hatred or cruelty but out of duty XVIII Again Generals in the measure of killing look no further commonly then the distruction of those who by force of Arms oppose them and though Ships or Cities are taken by assault the which by the Laws of War subjects every individual to the mercy of the Conqueror yet Children Women Old Men Priests Schollars and Husband-Men are to be spaired the first by the Law of Nature according that of Camillus We have Armes saies he not against that age which even in taking Cities is spaired but againâ—…t armed Men and this is the Law of Arms amongst good Men by which we are to note that by the words good Men as is observed to mean the Law of Nature for strictly by the Law of Armes the slayers of them are without punishment Now that which hath place in Children alwaies that have not attained the use of Reason for the most part prevails with Women that is unless they have committed something peculiarly to be avenged or do usurp Manly Offices as flinging of stones from the Walls pouring down burning pitch and brim-stone and the like be-tuminous stuff firing of Guns and the like for it is a Sex that hath nothing to do with the Sword that are capable of that clemency The like for old Men whom Papinius observes are not to be slain so for Ministers of Sacred things even Barbarous Nations have had them in reverence and preservation as the Philistins enemies of the Jews did to the Colledge of Prophets whom they did no harm and with those Priests are justly equalled in this respect they that have chosen a like kind of life as Monks and Penitents whom therefore as well as Priests the Canons following in naturall equity will have spared to these are deservedly added those that give themselves to the Study of good Learning and Sciences useful to Mankind be it in Universities or other publique Schools or Colledges To these are added Tradesmen so likewise Merchants which is not only to be understood of them that stay for a time in the Enemies Quarters but of perpetual Subjects for their life hath nothing to do with Arms and under that name are also contained other Work-Men and Artificers whose gain loves not War but Peace Again Captives and they that yield are not to be slain for to spare such is a Command of goodness and equity sayeth Seneca nor are Hostages to be destroy'd according to that of Scipio who said He would not shew his displeasure on harmless Hostages but upon those that had revolted and that he would not take revenge of the unarmed but the armed Enemy 't is very true by the Law of Arms if the Contract be broke for which they became Hostage they may be slain that is the slayer is without punishment but yet some conceive the slayer is not without sin for that no such Contract can take away any Man's life that is I suppose an Innocents life but without controversie if those that become Hostage be or were before in the number of grevious delinquents or if afterwards he hath broken his Faith given by him in a great matter the punishment of such may be free from injury XIX Where offences are of that nature as they may seem worthy of death as mutiny and the like c. it will be a point of mercy because of the multitude of them to remit extream right according to that of Seneca The severity of a General shews it self against particulars but pardon is necessary where the whole Army is revolting what takes away anger from a wise Man the multitude of Transgressors Hence it was that casting of Lots was introduced that too many might not be subjected to punishment However all Nations have generally made it a standing Rule in the punishment of Mutineers as neer as possible to hunt out the authors and them make examples of And therefore by the 15 Article if any Man at any time when Service or Action is commanded shall presume to stop or put backwards or discourage the said Service and Action by pretencee of arrears of wages or upon any pretence of wages whatsoever they are to suffer death and indeed the same ought to be without mercy by how much the more they may raise a mutiny at a time when there is nothing expected but Action and the shewing the most obsequious duty that possibly may be the breach of which may occasion the dammage of the whole Fleet and being of such dangerous consequence ought severely to be punished So likewise the uttering of any words of Sedition or Mutiny or the endeavouring to make any mutinous Assemblies upon any pretence whatsoever is made death And the very concealors of any trayterous and mutinous practises designs or words or any words spoken by any to the prejudice of His Majesty or Government or any words practises or designs tending to the hinderance of the Service and shall not reveal them subject them to such pains and punishments as a Court Marshal shall think fit And whereas in no case of the offences committed
necessity as that the Ship is in a sinking condition and an empty ship is passing by or at hand he may translade the Goods and if that Ship sink or perishes he is there excused but then it must be apparent that that Ship seem'd probable and sufficient V. If a set time be fixed and agreed upon between the Merchant and the Master wherein to begin and finish his Voyage it may not be altred by the supra Cargo without special Commission for that purpose If a Master shall weigh Anchor and stand out to his Voyage after the time covenanted or agreed on for his departure if any damage happens at Sea after that time he shall refund and make good all such misfortune If it is agreed that the Master shall sayl from London to Leighorne in two moneths and Freight accordingly is agreed on if he begins the Voyage within the two months though he does not arrive at Leighorne within the time yet the Freight is become due VI. If a Ship is Freighted from one Port to another Port and thence to a third fourth and so home to the Port from whence she first sayled commonly called a trading Voyage this is all but one and the same Voyage so as it be in conformity to the Charterparty A Merchant agrees with a Master That if he carries his Goods to such a Port he will then pay him such a Sum in the Voyage the Ship is assaulted entred and robb'd by Pyrats and part of her Lading taken forth and afterward the remainder is brought to the Port of discharge yet the sum agreed upon is not become due for the Agreement is not by the Master performed But by the Civil Law this is vis major or casus fortuitus there being no default in the Master or his Marriners and the same is a danger or peril of the Sea which if not in Navall Agreements exprest yet is naturally implyed For most certain had those goods which the Pyrats carried away in stress of weather Navis levandae causa been thrown over-board the same would not have made a disability as to the Receipt of the sum agreed on for by both the Common Law and the Law Maritime the act of God or that of an Enemy shall no wayes work a wrong in actions private VII If a Ship be Freighted by the Tun and she is full laded according to the Charterparty the Freight is to be paid for the whole otherwise but for so many Tun as the Lading amounted to If Freight be contracted for the Lading of certain Cattle or the like from Dublin to West-Chester if some of them happen to dye before the Ships arrival at West-Chester the whole Freight is become due as well for the dead as the living But if the Freight be contracted for the Transporting them if death happens there arises due no more Freight then onely for such as are living at the Ships arrival at her Port of discharge and not for the dead If the Cattle or Slaves are sent aboard and no agreement is made either for lading or transporting them but generally then Freight shall be paid as well for the dead as the living If Freight be contracted for the transporting of Women and they happen in the Voyage to be delivered of Children on Ship-board no Freight becomes due for the Infants The Charterparty does settle the Agreement and the Bills of Lading the contents of the Cargo and binds the Master to deliver them well conditioned at the place of discharge according to the contents of the Charterparty or Agreement and for performance the Master obliges himself Ship Tackle and Furniture to see the same done and performed If Goods are sent aboard generally the Freight must be according to Freight for the like accustomed Voyages If a Ship shall be Freighted and named to be of such a Burden and being Freighted by the Tun shall be found less there shall no more be paid than onely by the Tun for all such Goods as were laded aboard If a Ship be Freighted for two hundred Tuns or thereabouts the addition of thereabouts is commonly reduced to be within 5. Tun more or less as the moiety of the number Ten whereof the whole number is compounded If a Ship be Freighted by the great and the burden of it is not exprest yet the sum certain is to be paid VIII If the Ship by reason of any fault arising from the Freighter as lading aboard prohibited or unlawful Commodities occasions a detention or otherwise impedes the Ships Voyage he shall answer the Freight contracted and agreed for If a Ship be Freighted out and in there arises due for Freight nothing till the whole Voyage be performed So that if the Ship dye or is cast away coming home the Freight outwards as well as inwards becomes lost IX If a Master Freights out his Ship and afterwards secretly takes in other Goods unknown to the first Laders by the Law Maritime he loses his Freight and if it should so fall out that any of the Freighters Goods should for safety of the Ship be cast over-board the rest shall not become subject to the Averidge but the Master must make good that out of his own purse But if the Goods are brought into the Ship secretly against his knowledge it is otherwise and Goods so brought in the same may be subjected to what Freight the Master thinks fitting Consol. del Mere. If the Ship puts in to any other Port then what she was Freighted to the Master shall answer damage to the Merchant but if forc'd in by storm or by Enemy or Pyrats he then must sayl to the Port conditioned at his own costs Generally the touching at several Ports by agreement imports not a diversity but a Voyage entire X. If Passengers having Goods happen to decease a Ship-board the Master is to inventory their concerns and the same may a year keep and if none claym the same the Master becomes Proprietor defeazeable but the Bedding and Furniture of the parties become the Master and his Mates and the clothing are to be brought to the Ship-Mast head and there praised and distributed amongst the crew as a reward for their care of seeing the body put into the Sea XI The Lading of the Ship in construction of Law is tacitly obliged for the Freight the same being in point of payment preferred before any other Debts to which the Goods so laden are lyable though such Debts as to time were precedent to the Freight for the Goods remain as it were bayled for the same nor can they be Attached in the Masters hands though vulgarly is conceived otherwise Ships deserve wages like unto a Labourer and therefore in the eye of the Law the actions touching the same are generally construed favourably for the Ship and her Owners And therefore if 4. part Owners of 5. shall make up their Accounts with the Freighters and