de Ducatu Aquitaniae reddendo Regi heredibus suis 2. s. de quolibet dolio vini ducti per eosdem infra Regnum Angliae vel potestate Regis All Merchants Strangers in consideration of the Grant to them by the King of divers Liberties and Freedomes Concesserunt de quolibet dolio vini quod adducent vel adduci facerent infra Regnum c. solvent nobis heredibus nostris nomine Custumae duos solidos c. It is called Butlerage because the Kings chief Butler doth receive it And the double value of these Duties is made penal if any person customes Goods in another mans name whereby to defraud the King of Prisage and Butlerage IX Breaking of Bulk is that which entitles the King to the Duty for if a Merchant Imports Wines to the number of 20 Tuns yet if he unlades but part as 9. or 4. Tun yet the King shall have the entire Prisage and though the Custome seems to declare that the taking must be as well before as after the Mast yet is not the Officer tyed to that strictness but may take where he pleases for two Tuns are the Kings due for otherwise he might be cozened the Freighter perhaps lading other Commodities aboard after the Mast. If there be but one Tun taken out yet the Duty must be paid The reason is for that otherwise the Officer should be obliged to travail perhaps all over the Kingdome X. The King granted to a Venetian Merchant that he should be quit did omnibus custumis Subsidijs impositionibus omnibus alijs denariorum summis debitis solubilibus pro quibuscunque Merchandizis importandis and that he should be as free as the Citizens of London In that case it was adjudged in the Exchequer That by that Grant the King did not discharge him of Prisage because the Prisage was not specially expressed in the Grant although that the City of London were by a special Charter freed of Prisage XI The Cinque-Ports are likewise discharged of Prisage CHAP. IX Of Pylots Wharfage Primage Averidge Loadmanage I. Of the Pylots charge till the Ship is brought to her place or bed II. If the Ship is likely to miscarry what the Ships Crew may do at such time III. Of Ignorant Pylots their punishment and if the Ship miscarries who shall Answer IV. Of Wharfage and where the Wharfinger shall answer and where not V. Primage and Petilodmanage where due and for what and if the Ropes break where the Master and where the Wharfinger shall answer VI. Petty Averidge where due and for what and Hatt money VII Loadmanage where due and for what I. BY the Lawes of Oleron after that the Pylot hath brought the Ship to sure Harbour he is no further bound or lyable for then the Master is to see her bed and to her lying and bear all the rest of her Burthen charge and danger except that of the act of God So that before she comes to her place or bed and while she is under the Pylot's charge if she or her Goods perish or be spoyled the Pylot must make good the same II. By the Lawes of Oleron if his fault is apparantly gross that the Ships Crew sees an apparent Wreck they may then lead him to the Hatches and strike off his head But the Lawes of England allow no such hasty execution By the Lawes of Denmark an ignorant Pylot is to pass thrice under the Ships Keel The Master generally in the Charterparty covenants to find a Pylot and the Merchant covenants to pay him his Pilotage III. But if a Ship should miscarry coming up the River under the Charge of the Pylot it has been a Question Whether the Master should answer in case of the insufficiency of the Pylot or whether the Merchant may have his remedy against both It hath been conceived the Merchant hath his Election to charge either and if the Master then he must lick himself whole of the Pylot IV. Wharfage is money paid for landing Wares at a Wharfe or for shipping or taking in Goods into a Boat or Barge they commonly keep Boats or Lighters of their own for the carrying out and bringing in of Goods in which if a loss or detriment happens they may in some cases be made lyable An Action of the Case grounded on the Custome of the Realm was brought against the Defendant Master of a Wharfe for not safe delivering of Goods c. The Case appeared to be thus The Master unladed a Bale of Silk into the Wharfingers Lighter and sent part of his Marriners to convey it ashoare it happened that the Goods were stole The Question was Whether the Wharfinger or the Master should answer Upon a Tryal at Guild-Hall before my Lord Chief Justice Hale it was there Rul'd That the Master was lyable and not the Wharfinger for till they are landed the Master hath them under his power but if goods are to be sent aboard there if they miscarry in their passage the Wharfinger must answer V. Primage and Petilodmanage is likewise due to the Master and Marriners for the use of his Cables and Ropes to discharge the Goods and to the Marriners for loading and unloading of the Ship or Vessel it is commonly about twelve pence per Tun. If the Ropes break in hoysting of Goods out of the Ship into the Lighter or Boat the Master must answer if the Goods be damnified or lost But if the Roapes break at the Crane in taking them out of the Lighter although till they are landed they are not out of the Masters custody yet the Wharfinger shall answer VI. Petty Averidge is another little small Duty which Merchants pay to the Master when they onely take Tunnage over and above the Freight the which is a small recompence or gratuity for the Masters care over the Lading and in the Bills of Lading they are exprest after Freight together with Primage and Averidge accustomed The French Ships commonly term the Gratuity Hatt-Money and our English Merchants pay it our Masters over the Freight it is sometimes more sometimes less two or three Pieces VII Loadsman is he that undertakes to bring a Ship safe through the Haven to the Key or place of discharge and if thorough his ignorance negligence or other fault he suffereth the Ship or Merchandize to perish an Action lyes against him at the Common Law and by some conceived he may be punished in the Admiralty but not in both The Hire is called Loadmanage the which the Pylate receives of the Master for conducting the Ship up the River or into the Port to her convenient Bed If two Ships lye in a Harbour and the Anchor of one is feared may occasion to damnifie the other if after request and refusal and there be probable cause the other may take up the same and let the same down at a further distance and the same is opposed or hindred if
time or in any place been formerly practised towards any Ships of his Majesty of Great Britain or his Predecessors by any Ships of the States General or their Predecessors IV. Now his Majesty holds not this Salutation or Respect by virtue of the League or of the Article but as the same is a Right inherent to the Empire of Great Britain and therefore in the first part of the Article it is declared in these words That the aforesaid States General of the Unithed Provinees in due acknowledoment on their part of the King of Great Britain ' s RIGHT to have his Flagg respected in the Seas hereafter mentioned shall and do declare and agree Now this Right extends and subjects all Nations whatsoever that shall pass through those Seas and between those places meeting with any of his Majesty's Ships of War bearing his Flagg Jack or Cognizance of Service to strike their Top-sail and take in their Flagg in acknowledgement of His Majesty's Soveraignty in those Seas and if any shall refuse to do it oroffer to resist they may be compelled vis manu forti for his Majesty's Honour is by no means to receive the least diminition V. If therefore any of his Majesty's Subjects should be so negligent or forgetful to pay that obeissance when it may be done without losse of the Voyage they are to be seized on and brought to the Flagg to answer the contempt or else the Commander may remit the Name of the Ship Commander or Master as also the place from whence and the Port to which she shall be bound to the Admiral however before she is dismist she must pay the charge of the shot that her negligence or forgetfulness occasioned and afterwards may be indicted for the same and severely punished VI. In His Majesty's Seas none of his Ships of War are to strike to any and that in no other part no Ship of His Majesty is to strike her Flagg or Top-sail to any Forraigner unless such forraign Ship shall have first struck or at the same time have strike her Flagg or Top-sail to his Majesty's Ships VII But if any of the King of Englands Ships of War shall enter into the Harbour of any Forraign Prince or Sate or into the râ—…ade within shot of Canon of some Fort or Castle yet such respect must be pay'd as is usually there expected and then the Commander is to send a shore to inform himself what return they will make to this Salute and that if he hath received good assurance that his Majesty's Ships shall be answer'd Gun for Gun the Port is to be saluted as is usuall but without assurance of being answered by an equal number of Guns the Port is not to be saluted And yet in that very respect before the Port is to be saluted the Captain ought to inform himself how Flaggs of the same quality with that he carrys of other Princes have been saluted there the which is peremptorily to be insisted on to be saluted with as great respect and advantage as any Flagg of the same quality with the Captains of any other Prince hath been saluted in that Place VIII A Captain of a Ship of the second rate being neither Admirall Vice-Admiral nor Reer-Admiral at his first coming and saluting his Admiral or Commander in chief is to give 11 Pieces his Vice-Admiral nine and his Reer-Admiral seven and the other proportionably less by two according to their Rancks but the Commander or Captain of a Ship is not to salute his Admiral or Commander in chief after he hath done it once except he hath been absent from the Flagg two Months XI When a Ship of the second rate shall carry any Ambassador Duke or Nobleman at his coming aboard he is to give eleven Pieces and at his landing fifteen and when he shall carry a Knight Lady or Gentleman of Quality at their coming aboard he is to give seven and at the landing eleven and the other Ships are to give less by two according to their Rancks and number of Ordinance X. When an Admiral of any forraign Nation is met with he is to be answered with the like number by all the Ships he shall salute if a Vice-Admiral the Admiral is to answer him with twelve less but the Vice-Admiral and Reer-Admiral and as many of the rest as he shall salute shall give him the like number if a Reer-Admiral then the Admiral and Vice-Admiral to answer him with two less but if he shall salute the Reer-Admiral or any other they are to answer him in the like number XI When a Man of War or Merchant-Man of another Nation or of our own salute any of the King's Ships he is to be answer'd by two less XII When any of the Captains of his Majesty's Ships shall have occasion to salute any of the King's Castles he is to give two Guns less then they are directed to give upon saluting their Admiral or Commander in chief as aforesaid But this extends only in time of Peace for if War is begun no Guns ought to be fired in Salutes unless to the Ships or Castles of some forraign Prince or State in Amity XIII Those duties or obligations being laid on Commanders they consist of two parts the one is that antient prescription which the Crown of England claims by virtue of the Soveraignty of that Empire the other is but that respect which is pay'd as visible marks of Honour and Esteem either to Kingdoms or Persons publique or private to whom these several Commands are to be observed and yet in these which are both innocent and harmless of themselves yet we wont not those who being empty of all that may be called good want not malice to start up words wherefore should the lives of Men even Christian Men be exposed to death and slaughter for shaddows as they call them the right of salutation or Complement being no other in their opinion XIV Admitting therefore that the evidence of original Compacts and Rights stand at such remote distances from us that they are hardly discernable and that the principal of Civil things as well as Natural is sought for in a Chaos or confusion so that the evidence of antient facts vestigia nulla retrorsum there being no infallible markes of their preexistence one step doth so confound and obliterate another and that time it self is but an imagination of our own and intentional not a reall measure for actions which pass away concomitantly with that measure of time in which they were done for which reason we talk of antient things but as blind Men do of Colours Notwithstanding prescription is supposed by most to hold out such an evidence that as they say it ought to silence all Counterpleas in all Tribunals and by the present allowance which is indulged to it it either proves a good or cleans a vitiated title and this Prerogative in the Civil constitution of the World hath this Power in the Civil constitution
thereof and of the Customers Comptrollers Searchers and other Deputies of and within the said Ports of Sandwich and Ipswich and the several Creeks Harbours and Havens to them or either of them respectively belonging within the Counties of Kent or Essex X. And in regard that when Ships did come up to the Port of London there used to be very great Frauds committed by a promiscuous kind of shipping and landing of Goods and Merchandizes at several blind or unknown Wharfes and Keyes by reason of which his Majesty was often defeated of his Customes it was provided that a Commission might issue forth out of the Exchequer to ascertain all such Wharfes Keyes or other places as his Majesty by virtue of such Commission should appoint in pursuance of which his Majesty hath been pleased to allow to be lawful Keyes Wharâ—…s and other places for the lading or landing of Goods Brewers Key Chesters Key Wooll Dock Custome-House Key Porters Key Bear Key Sabbs Dock Wiggons Key Youngs Key Ralphs Key Dice Key Smart Key Somers Key Lyon Key Butolph Wharfe Hâ—…mons Key Gaunts Key Cocks Key Fresh Wharfe Billingsgate To be a common open place for the landing or bringing in of Fish Salt Victuals or Fuel of all sorts and all Native Materials for Building and for Fruit all manner of Grocery excepted and for carrying out of the same and for no other Wares or Merchandize Bridge-House in Southwark May be allowed a place convenient for landing of any kind of Corn bought or provided for Provision or Victualling of the City of London and not upon any private or particular persons account and for no other Goods or Merchandize XI It may be lawful for any person to ship or lade into any Ship or Vessel on the River of Thames bound over Seas Horses Coals Beer Ordinary Stones for Building Fish taken by any of his Majesties Subjects Corn or Grain the Duties being paid and Cocquets and othar lawful Warrant duly passed for the same So likewise Deal Boards Balks and all sorts of Masts and Great Timber may be unshipt and laid on Land at any place between Lyme-house and Westminster the Owner first paying or compounding for the Customes and declaring at what place they will land them before he unships them and upon Licence had and in the presence of an Officer they may unlade them otherwise they encur a forfeiture CHAP. XV. Provisions and Allowances made notwithstanding the several Clauses in the Acts for the Customes I. Custome to be paid for no more then is landed and when Bulk shall be broken II. Of Goods Imported and Exported what of the Customes shall be repaid back and by whom and of the things requisite in the same III. Of Agreement or Contracts made or to be made for the importing and exporting by way of Composition ratified IV. What Allowances to be made to the Exporters of Wines V. Of Exporting of Spanish Wooll where the same may be done VI. Of Currants Exported what Allowances shall be made and to whom as well to Denizens as Forragnâ—…s VII Goods imported not finding Market after a year Wine Exported discharged of Custome VIII What Allowances are to be made for Leakage IX What shall be accounted Leakage X. Wines proving unmerchantable what allowances to be made XI Tobaccoes receiving detriment or damage in the Importation what allowances to be made XII Strangers paying double Subsidy where they shall pay double Custome XIII Of Times and places lawful to unlade and Officers Duties then attendant to be present XIV York New-Castle and Hull men where Custome-free and for what XV. Exceter and other Western men what Free Subsidies shall be allowed in XVI Woollen where new or Old what allowances shall be made in Custome or Subsidy XVII Allowances of 5. in the Hundred for all other Goods XVIII The Customers and other Officers Duties in reference to attend their several Duties in the Customes XIX Of Officers their Duties and the punishments where made on complaint XX. The several Duties of London how preserved XXI The like for other Cities for those Duties granted or taken for publique good uses XXII Where Ships may be visited and the Officers duty relating to the same XXXIII Timber to be rated and in what manner must pay XXIV Prevention in Extortion of Customers and Officers and on what pains and penalties XXV Where Fees for Cocquets and Certificates shall be paid altogether and where he shall detain his own Cocquet till the Vessel has broke ground XXVI Where the Officers and Customers shall allow and make good to the Merchants the Algiere Duty and all other allowances and no other Imposition or Duty required by the Book of Rates shall be required or paid XXVII If Goods shall happen to be taken by Enemies or Pyrats or wreckt and what allowances shall be paid XXVIII Ships of Warr and other priviledged Vessels subject to search XXIX Of Allowances to be made and of shipping out lesser quantities then is contained in the Certificate what operation the same hath 1. EVery Merchant shall have free liberty to break Bulk in any Port allowed by Law and to pay Custome and Subsidy for no more then he shall enter and land Provided that the Master or Purser of every such Ship shall first make declaration upon Oath before any two Principal Officers of the Port of the true contents of his Ships lading and shall likewise after declare upon his Oath before the Customer Collector Comptroler Surveyor or any two of them at the next Port of this Kingdome where his Ship shall arrive the Quantity and Quality of the Goods landed at the other Port where Bulk was first broken and to whom they did belong A Merchant brought 80 Tun of Bay Salt by Sea to a Port in England and out of that ship sold 20 Tun and discharged the same into another Ship then riding at the same Port but the 20 Tun were never actually put on shoare and for the rest being 60 Tun the Master agreed for the Customes and put them on land and although that that 20 Tun was alwayes water-born and never were put on shoare yet adjudged they ought to pay the reason was for the discharging them out of the Ship amounts as much as to the laying them on Land the same being done in Port for otherwise the King would meerly be defrauded But if a Ship is carried in by storm and to preserve the Vessel part is landed before the Duty paid yet this will not subject the same to a forfeiture II. All Forraign Goods and Merchandizes except Wines Currants and wrought Silks first Imported shall be again Exported by any Merchant English within 12 months and such Merchant and Merchants as shall Export any such Forraign Goods or Merchandizes except as before is excepted shall have allowance and be repaid by the Officer which received the same the one moyety of the Subsidy which was paid at the first importation of such
Goods or Merchandizes or any part thereof so as due proof be first made by Certificate from the Officers of the due entry and payment of the Custome and Subsidy of all such Forraign Goods and Merchandizes inwards with the Oath of the Merchants importing the same affirming the truth thereof and the name of his Majesties Searcher or Under-Searcher in the Port of London and of the Searcher of any other the out Ports testifying the shipping thereof to be Exported after all which duly performed in manner before expressed the moyety of the Subsidy first paid inwards shall without any delay or reward be repaid unto such Merchant or Merchants who do export such Goods and Merchandizes within one month after demand thereof as also the whole additional duty of Silk Linnen and Tobacco as before is directed If the Officer shall refuse to pay admitting there was no Relief had by way of complaint whether the Merchant Exporter may not bring an Action against him upon the Debt created in Law as he that hath a Tally may do III. And if there be any Agreement now in force which was formerly made by the late Commissioners of the Customes and Subsidies with the Merchants Strangers or their Factors or shall hereafter be made by any Commissioners or Farmers of the Customes and Subsidies or any other power except by consent of Parliament with any Merchant or Merchants Strangers or Factors for any Forraign Goods and Merchandizes to be brought into the Port of London or any other Port or Haven of this Kingdome of England or Principality of Wales and to be Exported again by way of Composition all other Merchants being his Majesties Subjects shall be admitted into the same Composition and not to be excluded from any other priviledge whatsoever granted to the stranger by any private agreement or composition under the same Condition and with the same Restriction as shall be made with the Merchant Stranger IV. Every Merchant as well English as Stranger that shall ship and export any kind of Wines which formerly have paid all the duties of Tunnage inwards shall haâ—…e paid and allowed unto them all the Duties of Tunnage paid inward except to the Englishman 20 s. per Tun and the Stranger 25 s. per Tun upon due proof of the due Entry and payment of Tunnage inwards and of the shipping thereof to be Exported to be made as above V. If any Merchant Denizen or Stranger shall Export any Spanish or Forraign Wooll he shall have liberty so to do with this further condition That such Spanish or other Forraign Woolls whatsoever be not Exported in any other Ship or Vessel whatsoever with intent to be arrived beyond the Seas out of the Kingdome of England and Dominion of Wales then only in English Shipping upon pain of confiscation VI. Every Merchant as well English as Stranger which shall ship or Export any Currants which formerly were duly entred and paid the Subsidy and Custome inwards shall have allowed and repaid unto them respectively all the Custome and Subsidy paid inwards for the same except 1 s. 6 d. for every Hundred weight to the English and 1 s. 8 d. and one half penny for every Hundred weight to the Stranger upon due proof of the due Entry and payment of the Custome and Subsidy thereof inwards and of the Shipping thereof to be Exported to be made as in the second Article VII If any Merchant having duly paid all Duties inwards for Forraign Goods and in regard of bad sales shall be enforced to keep the same or any part thereof in his hands after the space of a year shall be elapsed in this case he or any other person is to be permitted to ship the same out for parts beyond the Seas if they think fit without payment for any Subsidy for the same outwards upon due proof that the same was duly entred and Subsidy paid inward VIII Every Merchant bringing in any sort of Wines into this Kingdome by way of Merchandize and shall make due Entries of the same in the Custom-house shall be allowed 12 per Cent. for Leakage IX Every Hogshead of Wine which shall be run out and not full seven Inches shall be accounted for outs and the Merchant to pay no Subsidy for the same And by some is conceived that no freight shall be paid for the same but the Merchant may fling them up to the Master for Freight but that should seem hard for non constat any fault in the Master but the same may be in the Cask or in the ill stowing the Master by custome having no charge of the stowing of Wines especially French but the same belongs to certain Officers beyond Seas from whence they are imported besides the Goods be they empty or full take up Tunnage in his Ship and should all the Wines a Shipboard have the same misfortune it would seem hard however it is pity Opinion in this case should amount to a laudable Custome X. If any Wines shall prove corrupt and unmerchantable and fit for nothing but to distil into hot Waters or to make Vinegar then every Owner of such Wines shall be abated in the Subsidy according to such his damages in those Wines by the discretion of the Collectors of the Customes and one of the Principal Officers XI If any Tobacco or other Goods or Merchandize brought into this Kingdome shall receive any damage by salt water or otherwise so that the Owner thereof shall be prejudiced in the sale of such Goods the principal Officers of the Custome-House or any two of them whereof the Collector for the time being to be one shall have power to choose two indifferent Merchants experienced in the values of such Goods who upon visiting of such goods shall certifie and declare upon their Corporal Oaths first administred by the said Officers what damage such Goods have received and are lessened in their true value and according to such damage in relation to the Rates set on them in the Book of values the Officers are to make a proportionable abatement 〈◊〉 the Merchant or Owner of the Subsidy due for the same XII All Merchants Strangers who according to the rates and values set in the general Book of Values and Rates and do pay double Subsidy for Lead Tiâ—… Woollen Cloth shall also pay double Custome for Native Manufactures of Wooll and the said Strangers are to pay for all other Goods as well inwards as outwards rated to pay the Subsidy of Poundage three pence in the pound or any other Duty payable by Charta Mercatoria besides the Subsidy XIII That the Merchants Trading into the Port of London have free liberty to lade and unlade their Goods at any lawful Keyes and places of shipping and lading of Goods between the Tower of London and London-Bridge and between Sun-rising and Sun-setting from the Tenth day of September to the Tenth day of March and between the hours of Six of the Clock in the
due unto them for the half Subsidy and also the Algier Duty of Forraign Goods formerly Exported now due and unpaid The Duties and Sums of Money appointed to be paid by the Act of Tonnage and Poundage passed this Parliament and by the Book of Rates therein mentioned and no other shall be paid to his Majesties Officers during the continuance of the said Act upon Goods imported and exported any Law Statute or Usage to the contrary notwithstanding Nevertheless the duty of Prizage and Butlerage and the duty of 12 d. of every Chaldron of Sea-Coal exported from Newcastle upon Tyne to any other Port or Ports of this Realm shall be continued XXVII If any Merchant Denizen born shall happen to have his Goods and Merchandize taken by Enemies or Pyrats at Sea or perished in any Ship or Ships the duties being either pâ—…id or agreed for upon due proof thereof may ship out of the same Port the like quantity as shall amount unto the Custome without paying of any thing for the same If the Importer shall pay ready money he shall be allowed 10 per Cent. for so much as he shall pay down XXVIII Ships of Warr may be entred and searched for prohibited and uncustomed Goods and to bring them a shoar to the Kings Ware-houses and the Commissioners or Head Officers may leave aboard Officers to look after them that none be unladen or imbezelled on pain of forfeiturc of 100 l. And if Goods are concealed a shipboard after such time as the Ship is cleared to forfeit 100 l and then any with a Writ of Assistance out of the Court of Exchequer to go in the day time to any place and enter and seize Goods conveyed secretly into Ships and carried away without paying the Subsidy and Duties the Owners and Proprieters forfeit the double value except Coals which only forfeit the double Custome and Duty XXIX There are allowances to be given Merchants for defective and damag'd Goods of 5 per Cent. on all Goods imported and 12 per Cent. on all Wines to be allowed upon debentures but if they shall ship out less then is in the Certificate then the Goods therein mentioned or the value thereof shall be forfeited and the Owner or Merchant shall lose the benefit of receiving back any of the Subsidy and Goods shipped out are not to be landed again in England on pain of forfeiture of those Goods All Goods coming out of or carried into Scotland by Land shall pass thorough Berwick or Carlisle and pay Customes as others on pain of forfeiture And although that by this Act there are many allowances to be made especially Merchants Denizens yet the Parliament have ever been so careful as to bound the same that is it shall be to such who Trafick in Ships which are indeed the Bul work of this Isle and therefore if such Merchandize shall be Transported out in any Gally or Carrack they are obliged to pay all manner of Customs and all manner of Subsidies as any Alien but in regard that Herring and Fish are and have been accounted one of the principal Commodities and generally finds a vent or Market in those Kingdoms and Countries that usually imploy such sort of Vessels those Commodities may be Transported in them as well as Ships from any Port or Harbour within this Realm without paying any Subsidy or poundage for the same but then such Fish must be taken by the Natives of the Kingdom and Transported by them otherwise to pay as Aliens And whereas all manner of Woollen Cloaths as well White as Coloured unrowed unbarbed and unshorne and not fully dressed are prohibited by Law to be Transported His Majesty was gratiously pleased to Grant unto Frances Countess of Portland as well for her Alliance in blood as also for the many Crosses and Calamities which she hath suffered by the loss and Death of her nearest Relations in his Majesty and his Royal Fathers Service full power for one and thirty years to Licence the Transporting of such goods Non obstante such prohibitory Laws the which is now put in Execution by agreement and Composition with her Deputies at the Custome House CHAP. XVI Of the Right of Passage of imposing on the Persons and Goods of Strangers for passage thorough the Seas I. Of the Right of harmless Utility excepted tacitly in the primitive dominion of things II. Where Passage ought to be open and where the same might be implicitly provided for in the first institution of Property and under what Cautions III. Of the same right as in reference to Goods and Merchandize IV. If Passage admitted whether Tribute or Toll may be imposed V. Where Imposition may lawfully be laid and for what causes And of the Kings Prerogative in that Point I. HAving in the foregoing Three Chapters observed somewhat of Customes and Impositions laid de facto within the Realm and that by Acts of Parliament or the consent of the Three Estates it may not seem amiss to enquire what Imposition the King of his Prerogative may impose on Strangers and their Goods passing thorough his Territories and Seas and in that to enquire of the same as in reference to Persons and Goods Beside the right of necessity which seems to be excepted in the first Institution of Dominion there is another Relique of old Communion namely the Right of harmless Utility For why should not one saith Cicero when without his own detriment he may communicate to another in those things that are profitable to the Receiver and to the Giver not chargeable Therefore Seneca saith it cannot be called a benefit to give leave to another to light his Fire by yours We read in Plutarch it is not lawful to spoyl our Victuals when we have more then enough nor to stop nor hide a Fountain when we have drunk our fill nor to abolish the Way marks either by Sea or Land which have been useful to us So a River as a River is proper to that Prince or that Lord or that People within whose Dominion or Royalty it runs and they may make a Mill on it unless it be Common as a High-way and may take what Fish the River yields but the same River as a running Water remained common as to drinking or drawing of it notwithstanding as to the Fishing and the like it may be peculiar II. Again Lands Rivers nay if any part of the Sea be come into the Dominion or Property of any People it ought to be open to those that have need of Passage for just causes namely being expelled by force out of their own Country they seek void places or because they desire Commerce with remote Nations The reason here is the same which hath been mentioned elsewhere because Dominion might be introduced with a reception of such use which profits these and hurts not those and therefore the Authors of Dominion are to be supposed willing rather to have it so then that such
for a detriment that was occasioned purely by the Laders means 2. 7. 15 Attachment Attachment of the Lading cannot be made in the Masters hand 2. 3 18 Attaint The Law takes notice of the person Subject but of an Alien è cont ' 3 2. 2 No corruption of blood upon an Aâ—…tainder of Pyracy 1. 4. 23 26 Barretry BArretry of the Marâ—…iners who shall be responsible for the same 2. 3. 13 Battel Goods or Ships gain'd therein where the Owners are divested of their property 1. 1. 7 But regain'd by a Ship of Warr the Property is preserved 1. 1. 9 Blanks Filling them up against Law 2. 10. 27 Boats Ship Boat not forfeited by the Pyracy of the Ship 2. 1. 8 The Duty of Boats and all other small Vessels in time of Warr and in Battail 1. 14. 24 Bottomery From whence so called 2. 11. 12 Buoyes Not putting them to Anchors subject the Master to punishment and answer the damage 2. 9. 7 Bulk When the same may be broke 2. 15. 1 Butlerage What and when payable 2. 8. 8 Canon CAnon designed for the Relief of a City or Fleet cannot in a Storm be flung over-board 2. 6. 15 Captives Where they may be justly kill'd 1. 14. 12 How that power is governed 1. 14. 17 Where he that dyes in it is supposed to dye before his being taken 3. 1. 2 Children born before their being taken are free 3. 1. 2 Captive General is immediately the Prince's Prisoner 3. 1. 5 Ports and Cinque-Ports Ports in England 2. 14. 18 Free of Prisage 2. 8. 10 Members and Creeks What are meant by them 2. 14. 7 Within the Body of the County 2. 14. 8 Port of London its extent 2. 14. 9 Clergy Not allowable to a Pyrat for Pyracy on the High Sea 1. 4. 23 But in a Creek or Port it is 1. 4. 24 Commanders Their Duties in time of Fight 1. 14. 13 Commissions Commissions awarded to enquire of Depridations 1. 2. 24 And to give satisfaction 2. 4. 28 Commission for Warr in what respect 1. 3. 5 Commissions qualifie the Caption 1. 4. 14 Communion Communion of Pastures in our first Parents 1. 1. 3 Confederates Differences amongst them how determined 1. 8. 4 Confederates how bound to defend each other 1. 7. 9 Of the Succours they are to lend 1. 7. 15 May ayd one another against one anothers Confederates 1. 7. 16 Consanguinity The various degrees of the same 3. 2. 8 In all Collateral descents except between Brother and Brother the half blood does inherit but between them the half blood does impede 3. 2. 8 Contraband Contraband Goods where the same may be seized 1. 1. 15 Contracts Contracts between Princes though by force oblige 1. 8. 9 Contracts between Merchant and Master where valid and where not 2. 4. 3 6 7 Contract is not determined if the Ship be taken by an Enemy and afterwards retaken 2. 4. 12 Contract for Freight cannot be made with a Marriner 2. 4. 14 Charter-parties settle the Agreement and the Bills of Lading the Contents 2. 4. 7 Contracts where they have their inception from Sealing 22. 11. 9 None of the Ancestor can bind the person of the Successor as to point of slavery 3. 1. 7 Contribution Contribution for Moneys lent on Bottomery 2. 11. 10 Contribution the remainder of the Lading are as tacitly obliged to the same as for Freight 2. 6. 7 Two Ships encounter anawares the Contribution is to be proportionable 1. 6. 10 Contribution shall not be made if the Sayls or Masts are broken or lost in the Storm but if cut down otherwise 2. 6. 12 No Contribution but where the Ship arrives in safety ibid. Contribution in cases of Necessity 3. 5. 26 Contribution a main Ingredient in Leagues and how regulated 1. 7. 9 Contribution cannot be had by one whose Goods are taken by Reprizal 1. 2. 23 Contribution where to be made for the Redemption of the Master 1. 4. 5 Contribution may be paid to both parties 1. 12. 6 7 Corporations When introduced for Merchants in England 3. 5. 2 Of those Trading to India from England and Holland 3. 5. 5 Countermand May be made by the drawer at any time before the money becomes due 2. 10. 22 Courts By the Statute of H. 8. Courts may be erected for the Tryal of Pyracy 1. 4. Where the Admiralty hath Jurisdiction of the principal the Courts at Common Law will remit them their Accessory 1. 4. 28 Court appointed for the Trying of Merchant Strangers Causes according to the Custome of Merchants 2. 12. fol. 303 Customes Goods Wreck't pay no Customes 2. 13. 11 Customing Goods in another mans name the penalty 2. 8. 8 The King is entitled to his Duty upon breaking of Bulk 2. 8. 9 Cannot be imposed without Act of Parliament 1. 12. 1 2 3 May be Fermed out 2. 12. 3 The Antiquity of Customers 2. 12. 5 Customes what is meant by the same 2. 12. 6 Of Magna Custuma and for what given ibid. Parva Custuma on what Considerations given 2. 12. 7 How the same is governed 2. 13. 6 7 Câ—…wards To suffer death without mercy 11. 14. 12 15 17 Damage TO be repaired out of his or their Estate that commit an Injury if not then the same becomes a National Debt 1. 2. 12 Denizen The Issue born of English-man on the Body of a Forraigner beyond Seas is a Natural born Subject 3. 1. 8 Denization by Letters Patents of France remove the total disability but in England è cont ' 3. 3. 11 Two Denizon Brothers one purchases Lands and dyes the other may inherit 3. 3. 11 Not capable of Honour ibid. Derelict Cannot be of any Goods cast over-board to lighten the Ship 2. 6. 15 Of places that are possessed one day and abandoned another make not a Derelict 3. 5. 3 Descrters May be slain by any man by the Lawes of Nations 1. 6. 9 12 15 Coward suffers death without mercy 1. 14. 17 Vide Derâ—…lict Disability Ships disabled in Battail are not to be relieved till the Enemy is beaten 1. 14. 16 Disability of the Father hinders not but one Brother may be Heir to the other 3. 2. 8 No disability in an Alien beinging an Action in Auter Droit 3. 2. 9 An Alien Infant disabled to be a Merchant Trader in England 3. 2. 11 Disability not cured in an Ancestor without actual naming them 3. 3. 3 Discipline Orders must be obeyed and they that break them may be punished though the act succeeds well 1. 14. 14 Disclaimer By the Predecessor shall barre the Successor 2. 8. 7 Discent 1. The Rules that govern them 3. 2. 3 2. Discents according to the Canon Law 3. 2. 4 Impeded in an Ancestor from whom and to whom will hinder the discerit 3. 2. 5 Disfranchise The ancient way of compleating the same 3. 1. 9 Cannot now be done to a Freeman without lawful Tryal 3. 1 9 The various wayes now used by the Laws of England 3. 1. 9 Domiâ—…on