one Factor five distinct Bales of Goods and the Factor makes one joynt Sale of them to one man who is to pay one moyety down and the other at six Moneths end if the Vendee breaks before the second payment each man must bear an equal share of the loss and be contented to accept of their dividend of the Money advanced But if such a Factor draws a Bill of Exchange upon all those five Merchants and one of them accepts the same the others shall not be obliged to make good the payment V. And as the Authority and trust reposed in Factors is very great so ought they to be provident in their actions for the benefit of their Principals and therefore if Factors shall give time to a Man for payment of moneys contracted on Sale of their Principals Goods and after the time is elapsed they shall sell Goods of their own to such Persons for ready Cash leaving their Principals unreceived and then such Men break and become insolvent the Factor in equity and honesty ought to make good the losses for they ought not to dispense with the non-payment of their Principals Moneys after they become due and procure payment of their own to an other mans loss but by the Laws of England they cannot be compelled VI. Yet if Goods are remitted to a Factor and upon arrival he shall make a false Entry at the Custom-house or land them without the Customer whereby they shall incur a seisure or forfeiture whatsoever the Principal is endammaged he must inevitably make good nor will such general clause help him as above But if a Factor makes his Entry according to the Envoice or his Letter of Advice and it falls out the same are mistaken if the Goods shall be lost yet the Factor is descharged And as fidelity diligence and honesty are expected from the Factor so the Law requires the like from the Principal judging the act of one to be the act of the other and therefore if a Merchant shall remit Counterfeir Jewels to his Factor who sells and disposes them for valuable considerations as if they were right if the Factor receives any loss or prejudice thereby by imprisonment or other punishment the Master shall not only make good the dammage to the Factor but also render satisfaction to the Party damnified and so it was adjudged where one How was possessed of three Counterfeit Jewels and having Factors in Barbary and knowing one Southern a Merchant was resident on the Place consigns those Jewels to his Factor who receiving them intreated Southern to sell those Jewels for him telling him they were good Jewels whereupon Southern not knowing they were counterfeit sold them to the King of Barbary for eight hundred Pounds they being worth really but one hundred Pounds and delivered the Money to the Factor who remitted the same to How the King of Barbary not long after finding himself couzened committed Southern to Prison till he repaid the eight hundred Pounds Whereupon Southern coming for England brought his action against How and had Judgment to recover his dammage for the Principal shall answer for his Factor in all cases where he is privy to the act or wrong And so it is in Contracts if a Factor shall buy Goods on the Account of the Principal especially if he has used so to do the Contract of the Factor will oblige the Principal to a performance of the bargain VII When Factors have obtained a provenue or proffit for their Principal they must be careful how they dispose of the same for without Commission or order they must be responsible Goods remitted to Factors ought in honesty to be carefully preserved for the trust is great that is reposed and therefore a Factor robbed in an Account brought against him by his Principal the same shall discharge him And so it is if a Factor buyes Goods for his Principal which afterwards happens to be damnified the Principal must bear the misfortune But if a Factor shall dispose of the Goods of his Principal and take Money that is false he shall there make Good the loss yet if he receives Moneys and afterwards the same is by Edict or Proclamation lessened in value the Merchant and not the Factor must there bear the loss Again in Letters of Credit the Factor must be sure to see whether the Commission is for a time certain or to such a value or not exceeding such a Sum or general in which he must have a careful eye VIII A Merchant remits Goods to his Factor and about a Moneth after draws a Bill on him the Factor having Effects in his hands accepts the Bill then the Principal breaks against whom a Commission of Banckrupts is awarded and the Goods in the Factors hands are seized it has been conceived the Factor must answer the Bill notwithstanding and come in a Creditor for so much as he was enforced by reason of his acceptance to pay IX If a Factor enters into a Charter Party with a Master for Freightment the Contract obliges him but if he lades aboard generally the Goods the Principals and the lading are made liable and not the Factor for the Freightment The Principal orders his Factor that as soon as he hath laoded he having Moneys in his hand to make an Assurance on the Ship and Goods if the Ship happens to miscarry by the Custom of Merchants he shall answer the same if he hath neglected his Commission so it is if he having made an Assurance and loss hath occurred he ought not to make a Composition without orders from his Principal Generally the actions of Factors do depend on Buying Selling Freighting and all other the Heads that have been treated in the Second Book by which their employment is universal in matters Maritime and of Commerce and the questions which would arise touching the same if treated on would be infinitum However these are to be the Standard rules which should govern their actions viz. honesty faithfulness diligence and observing of Commission or Instructions which being considered and weighed by those that shall be Judge of their actions a right understanding and determing of the matters arrising between them and their Principals would soon be ended But those sort of Factors that have wanted those things seldom or never render any other account but long and tedious Chancery Suits by which they not only have endammaged their very Trade but seek to marry their Principal to a double affliction by obliging them to sue either a Beggar or that which is worse a naughty man On the other hand Factors that behave themselves worthily and prudently in the service of their Principals ought after their tedious service be numbered amongst those that justly challenge that worthy denomination of Merchant And such was he who never made breach of Commission in the service of his Principal but once that was when Wines were committed to him to dispose of but the price by reason of a
not so kind to the English when the Dutch Fleet fell into their Road where rid at the same time some English Merchants Men whom they assaulted took burnt and spoil'd for which action and not preserving the Peace of their Port they wereby the Law of Nations adjudg'd to answer the dammage and I think have pay'd most or all of it since But Enemies in their own Ports may be assaulted burnt or destroy'd by the Law of Armes XI If the Ships of any Nation happens to arrive in any of the King of Englands Ports and afterwards and before their departure a War breaks out they may be secured priviledged without harm of Body or Goods but under this limitation till it be known to the King how that Prince or Republique of those whose Subjects the Parties are have used and treated those of our Nation in their Ports But if any should be so bold as to visit our Ports after a War is begun they are to be dealt with as Enemies XII By the Laws of Nations generally all things are the Captors which he takes from his Enemy or which his Enemies gain'd from another by force of Arms so likewise all those Goods that he shall find in his Enemies custody But then it must be apparently manifest and evidently prov'd that it is really the Enemys for if an English-Man should have Goods in the custody of a Dutch Factor at Cales and a War should break out between that Prince and that Republique yet are not the Goods of the English-Man subject to the seizure of the Spaniard it being apparent the owner is not a Subject of their Enemies So likewise if the Goods of Friends are found in the Ships of Enemies this does not ipso facto subject the same to be prize by the Laws of Nations though it be a violent presumption and may justly bear a legal examination till which there may be a securing of the prize till adjudication shall pass So on the other hand if the Ships of Friends shall be fraighted out to carry the Goods of Enemies this may subject them to be prize especially if the Goods shall be laden aboard by the consent or privity of the Master or Skipper though in France they have subjected and involv'd the innocent with the nocent and making both of them prize in the late Flemish Wars with England the Ostenders became obsequious serviceable with their Ships to the Traffick and commerce of both Nations memorable was the action when the War was between the two Republiques Venice and Genoa the Grecian Ships being then imploy'd as those of Ostend were search'd and the Enemies pull'd out but no other matter done however it is most certain let the Commission or Protection of such Ships be what they will if Men will venture to trade under such a cloak it behoves them that the Skipper and his Crew be entirely ignorant for it is his Action that will go far in the freeing or making absolute the prize and Goods so made prize the property is immediately gone and changed be the Owner be who he will he never can claim the same for the Laws of Nations made the Enemies first masters by external Dominion and then by Conquest gave the property to the Captor following that Judgement of the Romans whatsoever they got of their Enemies by valour they would transmit to their Posterity by right XIII 'T is not against nature to spoil the Goods of him whom it is lawful to kill and by the Laws of Nations it is permitted that the Goods of the Enemies may be as well spoiled as taken and Polybius observes that all things of the Enemies may be spoiled their Ships Goods Forts c. XIV And though it may happen sometimes that a War may break out and there may be no public denouncing or proclaiming the same that if a Friend or Neuter should assist an Enemy with Contraband Goods that is Armes c. whether upon such a caption the Goods may be made prize the resolution of which will depend on these Considerations First by Natural Law where either force offer'd is repelled or punishment exacted of one that hath offended there needs no denunciation for Princes are not to stand debating with words or arguments being injured beyond words For War undertaken to resist violence is proclaim'd not by an Herauld but by Nature for it is no more then the invading of one for another or taking of the Goods of the debtor to answer the creditor damage Secondly Interpellation is introduced by the Laws of Nations whereby Princes or Republiques having received injuries may apparently shew that they had no other way to recover their own or that which is due to them for such Interpellation following after injuries committed constitutes that Prince or State in a fault that shall not render satisfaction Thirdly admitting that Interpellation hath gone and satisfaction hath been required for the dammage and no satisfactory return hath been made whether then the Ships or Territories of the Enemy may be assaulted and for that it has been conceiv'd they may for denunciation is no more but to signify that the Parties against whom the same is commenc't are unjust and will not do right and therefore War is begun by the Supream Power now Princes or Republiques having done that which by the Law of Nature they were not oblig'd to do that is after a wrong done abstain'd from War by Friendly demanding of satisfaction or reparation which is requir'd only by the Laws of Nations and publique Justice being deny'd them there remains no other or further obligation on the State the same amounting and indeed is an apparent defiance and Proclamation is no other So that if Indiction is not necessary the caption of such Ships may subject them to be prize perhaps the Leagues of the several Countries may have provided for cases of the like nature XV. And although the Goods of Friends according to the circumstance of the case may be preserv'd by adjudication and restor'd to their owner yet all manner of Goods have not that priviledge for though the Freedom of Trade preserves the Goods of Friends against the rigour of War yet it does not those Goods that supplies the Enemy for War as Mony Victuals Ships Armes and other things belonging thereto for to supply an Enemy that invades our right or seeks the destruction of our Countries is a liberality not to be allow'd of and it certainly stands with necessity that if I cannot safely defend my self or endamage my Enemy without intercepting the things sent it may justly be done but when such Goods are seized whether they give the Captor a right of property or a right by retention to compel that neuter Nation to give Caution for the future by Hostages or Pledges not to supply the Enemy may be a question The Romans who had brought Victuals to the Enemies of Carthage were taken by the
that to be when the matter in controversie is tam quod merita quâ—…m quod modum praecedendi not doubtful for in doubtful matters the presumption is ever for the Judge or Court But the Reprisal must be grounded on a wrong Judgement given in matters not doubtful which might have been redressed one way or other either by the ordinary or extraordinary power of the Country or place and the which was apparently perverted or deny'd But if the matter be doubtful then otherwise for in causes dubious or difficult there is a presumption always that Justice was truly administred by them who were duely elected to publick Judgements XI And yet in this later case some who are of opinion that if the cause were dubious and if the Judgement were against apparent right the Stranger oppressed is let into his satisfaction and the reason is because the Judge's authority is not the same over Forraigners as over Subjects for the reason above mentioned If an English Merchant shall prosecute a Suit in the Ordinary Courts of Law beyond Seas and Sentence or Judgement shall pass against him from which he appeals to the Supream Judgement and there the first Judgement or Sentence is affirmed though the Complainant hath received a Judgement against the real right of the cause yet this will be no cause for Letters of Reprisal though perhaps it may occasion Letters of Request if there be strong circumstances for the same to have a rehearing of the cause But if an English Man shall recover a debt there and then the Officer having the debtor in custody will wilfully let the Prisoner escape and then become insolvent the same may perhaps occasion Reprisal In England if a Forraigner brings an Action personal against I S. and the matter is found special or general and the Party prays Judgement and the Court refuses it and then the Deffendant dyes and with him the Action the nature of it being such the Party is here without remedy the same may occasion Letters of Reprisals if it be accompained with those circumstances that evince an apparent denyal of Justice i. e. as putting it off from Term to Term without cause An English Man pursues his right in the legal Courts beyond Seas and the Military Governor opposes the prosecution and by force conveys away the debtor and his Goods the Sentence or Judgement is obtained its ultimate end being Execution being thus frustrated may occasion Letters of Reprisal XII Persons murdered spoiled or otherwise dampnify'd in hostile manner in the Territories or places belonging to that King to whom Letters of Request are issued forth if no satisfaction be returned Letters of Reprisal may issue forth and the Parties petitioners are not in such cases compelled to ressort to the Ordinary prosecution But the Prince of that Country against whom the same are awarded must repair the damage out of his or their Estates who committed the injuries and if that proves deficient it must then fall as a common debt on his Country XIII Such Letters of Request generally allot a time certain for damages to be repaired if not Reprisals to issue forth XIV It is not the place of any Mans Nativity but his domicil not of his Origination but of his Habitation that â—…bjects him to Reprise The Law doth not consider so much where he was Born as where he lives not so much where he came into the World as where he improves the World If therefore Letters of Reprisal should be awarded against the Subjects of the Duke of Florence and a Native of Florence but denizied or Naturalized in England should have a Ship on a Voyage for Leighorn if a caption should be made the same is not lawful nor can the same be made prise XV. Nor doth it any where appear that Reprisals can be granted on misfortunes happenning to Persons or their Goods residing or being in Forraign parts in time of War there for if any misfortune happens or is occasioned to their effects or to their Persons then they must be contented to sit down under the losse it being their own faults they would not fly or relinquish the place when they fore-saw the Country was subject to the spoil of the Souldiers and devastation of the Conqueror The factions of the Guelfs and Gibellins in Florence warring against each other The Guelfs obtaining the Victory and thrusting the Gibellins out of it after they had taken the City Domum cujusdam Hugonis de Papi in hoc Regno Angliae demorantae diruerunt and plundred his Goods therein qui Hugo supplicavit Dom. Regi ut inde Itali Mercatores of that faction and City then in England emendas hic sibi facerent upon which adjudicatum fuit quod dicti Mercatores dicto Hugoni satisfaciant pro damnis susceptis destructione domus suae upon which a Writ of error was brought and the Judgement was reversed in these words Quod non est consuetudo Angliae de aliqua transgressione facta in aliena Regione tempore Guerrae vel alio modo consideratum est quod totus processus ejus effectus provocentur c. XVI By right for so it is now called of rendring like for like there are many Persons exempted and those whose Persons are so priviledged have also protection for their Goods some by the Laws of Nations some by the Civil Law others by the Common Law among which Embassadors by the Laws of Nations their retinue and Goods are exempt coming from him who awarded the Reprise the Laws of Nations not only providing for the Dignity of him that sends but likewise the security going and coming of him that is sent Nor against those that travel for Religion nor on Students Schollars or their Books nor on Women or Children by the Civil Law nor those that travel through a Country staying but a little while there By the Canon Law Ecclesiastical Persons are expresly exempt from Reprisals A Merchant of another place then that against which Reprisals are granted albeit the Factor of such Goods were of that place are not Subject to Reprisals XVII Ships driven into Port by storm or stress of weather have an exemption from the Law of Reprisals according to the Jus commune but by the Law of England otherwise unless expresly provided for in the Writ or Commission But if such Ship flyes from his own Country to avoid confiscation or some other fault and is driven in by stress off she may then become subject to be prize But it is not lawful to make seizure in any Ports but in his who awarded the Reprisal or his against whom the same issued for the Ports of other Princes or States the Peace of them are to be maintained XVIII Ships attaqued by those that have Letters of Reprise and refused to be yielded up may be assaulted and entered and though it may fall out not by intention but by accident that some of those that so
to Privateers and the immunities they claim by the same VII Of the care that obliged on the issuing forth such Commissisions VIII Of provisions made as in reference to their regulating and especially the last Treaty Marine between England and Holland IX Of Goods subject to prise how considered in reference to adjudication general X. Of the Goods considered in reference to adjudication on occasions special XI Of the lading made prise whether it draws in a forfeiture of the Vessel and where otherwise XII Whether Ships refusing to yeild up to such life is engaged XIII Privateers where subject to punishment and their actions occasion a forfeiture of their Vessel XIV Of things not subject to spoil XV. Considerations general on Privateers 1. NAturally every one may vindicate his own right therefore were our hands given us but to profit another in what we can is not only lawful but commendable since nothing is more servicerble to Man then Man now there are divers obligations between Men which engage them to mutual aid for Kinsmen assemble and bring help and Neighbors are call'd upon and fellow Citizens for it behoves every one either to take armes for himself if he hath receiv'd injury or for his Kindred or for his Benefactors or to help his fellows if they be wrong'd And Solon taught that Common-wealths would be happy wherein every one would think anothers injuries to be his own But when War is denounc't it matters not what obligations are wanting it is enough the Nation is injur'd in general for in that every individual is wrong'd and all participate in the indignities and public damages of his Country to revenge or prevent which is the duty of every member of the same II. Since therefore it is not against the Law of nature to spoil him whom it is lawful to kill no wonder that the Laws of Nations permitted the Goods and Ships of enemies to be spoiled when it suffered their Persons to be slain III. The approbation of which in the Wars of later Ages hath given occasion to Princes to issue forth Commissions to endamage the enemy in their Commerce and to prevent such supplyes as might strengthen or lengthen out War to persons to whom the prise or caption become absolute the Captors and that to prevent the spare of Ships of force to be absent from their respectives Squadrons or Fleets By those of Holland were termed Capers by the Spaniard they had their denomination from their respective parts as Ostenders Dunkirkers and the like in England call'd Privateers how far the actions of those as in relation to the attacking and killing of the enemy or spoiling of their Ships and Goods are lawful not being commanded nor hired thereto may be some question IV. By the Laws of Nations as hath been said it is lawful for every Subject of that Nation in War to seize upon the enemies Goods and Ships as also to kill them for they are after War denounc't by Law lookt upon as of no account and if respect be had to natural and internal right it seems granted to every one in a just War to do those things which he is confident within the just measure of warring be advantageous to the innocent party but though there may be such authority given yet what tittle can they claim or appropriate to themselves of the Ships or Goods of enemies for surely there is nothing owing to such nor are they lawfully call'd to the same unless they can shrowd themselves under the protection of what they do is only to exact punishment from the enemy by the Common right of Men. V. Commissions to kill or spoil the enemy are in two respects either General or Special General as in a tumult among the Romans the Consul said Whosoever would have the Common-wealth safe let him follow me and to all particular Subjects is sometimes granted a right of killing in self-defence when it is publickly expedient as on a sudden occasion and the like VI. Special Commissions be such as are granted to those that take pay and are under Orders the not obeying of which may be punished with death though the act succeeds well Others to repair a particular dammage by way of Reprise the original dammage being turn'd into a National debt but that satisfy'd the other determines or else to those who receive no pay but go to War at their own charge and that which is more administer at their own costs a part of the War by providing Ships of force and all other military provisions to endammage the enemy or their Confederates the which are termed Privateers c. as above to whom instead of pay is granted leave to keep what they can take from the enemy and though such Licence is granted them yet may they not convert of their own head to their private use those prises before the same have been by Law adjudged lawful to the Captors and the Admiral had his share VII Nor may such Privateers artempt any thing against the Laws of Nations as to assault or endammage an enemy in the Port or Heaven under the protection of any Prince or Republick be he Friend Ally or Neuter for the peace of such Places must be kept inviolably Sir Kenelme Digby having obtain'd a Commission against the French who being in the Streights was every where honoured as a Cavalier whom the King of Great Britain favoured in his Voyage he took some prises and coming to Algier redeemed several Captives whom he took aboard and placed in the several Vessels he had made prise of the which he so effected that in a short time he became Illustrissimo of six Ships of War coming to Cape Congare ten leagues from Scanderoone and having sent a Boat to descry the road word being brought that there were in the road two Venetian Galeasses with two other Galeons two English Ships and several French Ships Sir Kenelme being satisfy'd of the prise resolved to attaque them the next Morning although the Admiral of the Venetians having declared himself protector of the French and that he would destroy all the English Ships of War that he should meet either in that Republick or Grand-Seigniors Seas Sir Kenelme notwithstanding resolv'd to engage them and accordingly bore up to them and the Venetian General weighed anchor to meet him Sir Kenelme before he fired sent a Satty to inform the Venetian of his Quality and of his Commission being only to endeavour to make prise of the French and giving him all the assurance possible of his friendship and respect to the Republique but before the Satty was answer'd the engagement was begun by the English French and Venetian This action of Sir Kenelme Digby was question'd by the Turk for that hostility had been committed by the English in the Grand-Seignior road and thereupon the Bassa of Alleppo and Cady of Scanderoone made an Avenia or Embargoe on the English Merchants till reparation was made for
yet as in reference to the Maritime Dominion Henry 8th did embellish his Navy Royal therewith and Queen Elizabeth stamped it upon those Dollars which she designed for the East India Trade signifying her Power of shutting up the Seas if she thought fit as by a Port-cullis with the Navy Royal this Dominion of the British Seas did Authenticate the Proclamation of King James ordaining the Flemish at London and Edinborough to take licence to Fish this justified the like Proclamation by the late Royal Martyr King Charles and warranted by the Earl of Northumberland in his Naval Expedition That Prescription is valid against the claims of Soveraign Princes cannot be deny'd by any who regard the Holy Scripture reason the practise and tranquillity of the World and that true it is the modern Dutch have pretended if not dared to challenge the Freedom to Fish in the British Seas by Prescription but it is likewise as true that Prescription depends not upon the Corporeal but the Civil possession and that is retained if claim be but made so often as to barr the Prescription the which hath been alwaies made evident first by frequent Medals next by punishing those that refused it as Rebels by guarding it of it and lastly by giving Laws time out of mind on it which evidently proves that the Civil possession is not relinquished our Kings constantly claiming the Dominion of the same none else pretending all Nations acknowledging it to be in them and the same never questioned till those modern Dutch of yesterday arose XIV The importance of the Dominion of the Sea unto this Nation is very great for alone on that depends our Security our Wealth our Glory from hence it is that England hath a Right to all those advantages and emoluments which the Venetian Republique draws from the Adriatique Sea where the Ships of the Grand Seignior of the Emperor King of Spain and Pope pay Customs to maintain those Fleets which give Laws to them within the Gulfe 't is hereby that the English can shut up or open these Seas for Ships or Fleets to pass or repass them whereto Queen Elizabeth had so special a regard that when the King of Denmark and the Hansiatique Towns sollicited her Majesty to permit them free passage they transporting Corn into Spain she refused them and when a Protestant Fleet of Hamburgers and others had presumed to do so notwithstanding her prohibition she caused her Navy Royal to seize take burn and spoil them when they were passed her Maritime Territory within sight of Lisbon yielding this reason for her justification that they not only relieved her Enemy with provisions but had presumptuously made use of her Seas without obtaining her Royal Permission for so doing 't is from hence that the Crown of England can justly demand an account of any Ship or Ships occurring in those Seas what 's their Business and what their intentions are and prohibite any Prince or Reipublique to enter there with potent Fleets without praeacquainting his Majesty and obtaining his Royal Permission without which Dominion and Soveraignty England can never live secure on shore it being easy for any Forreign Fleets to amuse us with specious pretenses and in their passage to invade and surprise us Thus whilst the Turk pretended to sail for Malta he occasionally possessed himself of Canea in the Isle of Candia many such presidents do occur in History And in fear of such surprizal the Athenians being Lords at Sea did exclude the Persian Monarchs from sending any Ships of War into any part of the Aegean Sea Rhodian Carpathian and Lydian Seas and that which tends to the West towards Athens the like caution was used by the Romans against Antiochus and the Carthaginians and the Turk prohibits all Nations saving his Vassals to enter the Black Sea or Pontus Euxinus and also the Red Sea and that 't is by virtue and force of this right that the British Nation can drive on their own Commerce navigate themselves and permit others securely to trade with them 't is true that the Dutch have presumed some years since to violate the security of the British Seas by the attacking the Allies of England not only within the British Seas but in her Harbours attempting to pursue a French Vessel up almost to London and have more then once attacqued the Spanish Fleets in her Ports under the protection of her Castles and that against the Laws of Nations and the Peace of Ports in which for the time they seemed to cloud the Honour of the Nation but satisfaction for indignities of that nature though slow yet are sure and should such as those have been longer tollerated Beloved Britannia must become a prostitute by a Confederation of those States or take Pass-ports for her Commerce But the Royal Martyrs goodness was no longer to be trod on his Heart and his Cause were good and though those unhappy times which were crooked to whatsoever seem'd straight did hinder the accomplshiments of his entire intention for satisfaction yet those whom the just God of Heaven was pleased for a time to permit as a punishment to this Nation to rule did not want in the fulfilling for so soon as he was pleased to stay the fury of the Intestine Sword their hearts took fire from that flame that had formerly been kindled in that Royal Brest and having prepared a Fleet in order to the treating as Souldiers with Swords in their hands they were in the like manner assaulted in their Territories in the Downes but the Dutch found then what it was though two for one to assault a British Lyon at the mouth of his Den intending if possible to have destroyed the English Power but were frustrated in their design being severely beaten home to their own dooâ—…â—…d afterwards those that then had got the English â—…d in their hands begun to consider that the Victâ—…y â—…ust be pursued as a season fit to assert their Antienâ—…â—…ight and Soveraignty of the Sea and then those people thinking that the odds before was not enough to destroy the Briâ—… Fleet they equipt out a Fleet greater and far more numerous then the English under the Admirals Van Trump De Witt the two Evertsons and Ruyter but they suffered the same fate as their former about some 34 of their Ships on the Coast of Flanders burnt and taken and the rest chased home to their Ports and not long after followed the total defeat of their Naval forces accompanied with the death of Van Trump by the English under the Admirals Blake and Monk who had sunk and fired about 30 more of their Ships of War no quarter being given till the end of the Bataill six Captains and about a thousand Men were taken prisoners and about six thousand slain of their Presomptions since amongst other things in denying the duty of the Flagg and of what punishment and check they have had for
precaution whether the same may be given to such not to come and attempting against such interdiction how dealt with and of punishment of those that shall hurt them by the Laws of England IV. Of the several causes that Princes or Reipubliques may reject such publique Ministers of State V. Where Ambassadors may be subjected to punishment by the Laws of Nations VI. Of the proceeding against them by Princes States at this day according to the practise of Nations VII Of the various proceedings against them by several Princes and Reipubliques illustrated in 15 Presidents of examples VIII Of the proceeding against them according to the pactise in England IX Ambassadors where they forfeit their Priviledge by the Laws of England X. Where actions committed by them though against the known Laws yet oblidges them not to a forfeiture of their Priviledge XI Of the duty of Ambassadors in cases Civil and what their Office includes for the King and Nation whom they represent XII Whether the House of an Ambassador can be a Sanctuary or whether he may exercise a Royal Jurisdiction over his Servants and Vassals whether the same proceeds from the Laws of Nations XIII Whether the Goods of an Ambassador may be seized for debt or other Contracts XIV Whether outrages committed by publique Ministers of State can subject them to punishment XV. Of the punishment of those that commit any outrage on them XVI Some observation of the immunities and Government by the Laws of Venice of their Ambassadors AN Ambassador and Agent is the same thing if we consider only the Function of their Charges only in this they differ an Agent hath charge to represent the Affairs only but an Ambassadors ought represent the Greatness of his Master and of his Affairs II. The right of Ambassadors is secured both by the Safeguard of Men and also by the protection of the Law Divine therefore to violate this is not only unjust but impious too and as Protection is given to the Legates of Supream Rulers by the Laws of Nations so by the Civil Law there is a protection likewise for Provincial Legates and Heraulds c. This Right of Legation was originally provided saith Livy for a Forreigner not a Citizen yet in Civil Wars necessity sometimes makes place for this right besides the Rule as when the People are so divided into equal parts that it is doubtful on which side the right of Empire lyeth as that unhappy spot of Flanders or when the right being much controverted two contend for the succession to the Throne for in this case one Nation is reckoned as two and so was the State of England when the House of York and Lancaster contended for the Crown nay this right of Legation hath been preserved that the very Messengers of Rebels have been protected as were those of Holland by Phillip of Spain So great a respect have Nations had in all times to such Men that even Pyrats and Robbers who make not a Society nor have any Protection by the Law of Nations and with whom neither Faith nor Oath as some conceive may be kept Faith being given them obtain the right of Legation as once the Fugitives in the Perynean Forest. III. Ambassadors may by a precaution be warned not to come if they dare they shall be taken for Enemies but once admitted even with Enemies in Arms much less with Enemies not in actual hostility have the protection and Safe-guard of the Laws of Nations and therefore their Quallity being admitted by Safe-conduct they are to be preserved as Princes and so it was declared in Parliament where the killing of John Imperial Ambassador from the States of Genoa was High-treason Crimen laesae Majestatis So likewise of A. de Walton the Kings Ambassador Nuncium Domini Regis missum ad mandatum Regis exequendum who was murdered by one John Hill for which offence it was adjudged High-treason and accordingly he was drawn hang'd and beheaded IV. On the other hand Ambassadors may not alwaies be received though alwaies they ought not to be rejected for there may be cause from him from whom they come as the Roman Senate would not admit of the Ambassage of the Carthaginian whose Army was then in Italy the King of Spain those of Holland and the then Pope the Ambassadors of Henry the 2d after the murder of Becket Arch. Bishop of Canterbury so likewise from the very Persons that are sent as Theodorus Athest whom Lisimachus would not give Audience to and Mr. Oliver Lewis the 11th's Barber whom they of Caunt refused So likewise where the cause of sending is suspected as in reference to disturbe the People or intentions rather to sow sedition then to conclude a Peace if such be their errand or not honourable or unseasonable as for those assiduous Legations which are now in use they may with very good right be rejected for the no-necessity of them appears by the Antient Custom whereto they are unknown The Venetian having admitted Henry the Fourth of France his Ambassador yet they interdicted him to come with the other Ambassadors to the Chappel till the King was reconciled to the Church of Rome V. By the Laws of Nations only unjust force is kept from the Bodies of Ambassadors for if the Laws of Nations be broken by him he is subject to punishment Yet the opinion of Nations and Men Eminent for Wisedom have been doubtful in this point and Presidents on both sides have been avouched one which seems to refute that position of punishing such Ministers of State the Ambassadors of Tarquin who had committed treason at Rome and as Livy observes were in the State of Enemies yet the Right of Nations as he calls it prevailed so far as to preserve them although in a case of hostility On the other hand Salust observes that Bomilicar one of the Carthaginian Ambassadors who came to Rome on the Publique Faith was adjudged guilty rather saith he by the Rules of Equity then by the Laws of Nations Equity that is the meer Law of Nature suffers punishment to be exacted where there is found a delinquent but the Laws of Nations except the Persons of Ambassadors for certainly their security out-weighs the profit arising from punishment which may be inflicted by him that hath sent him if he be willing if unwilling it may be exacted of him as an approver of the crime VI. Again as Ambassadors are not to render a reason of 〈◊〉 actions to any other but him by whom they are sent â—…nd it is impossible but by the reason of various Interests and other secrets of State which pass through their hands somewhat may be said which bears a show or face of crime which perhaps may prove otherwise yet the examining and tracing of the truth may be of a dangerous consequence and therefore if the offence be such as may be contemned it is usually to be
them forth-comeing The Master is not there held responsible in case of a loss especially if there be any thing of an agreement thereunto XIX But if Goods shall be sent aboard a Ship and the Master shall appoint a Cabin for the same and deliver the Key to the Lader and tell him he will not be responsible if a loss happens yet if the Goods are stole he must notwithstanding make satisfaction By the Common Law it shall bind an Inn-keeper Note That Goods once delivered to a Master the Cargo is not subject to be attached in his hands nor can any Custome whatsoever support the same for they are in Law as it were bayled to the Ship untill the Freight and all other charges are paid * and very much doubted whether an Attachment can be made in London of any Goods at all lying a Shipboard in the Rives of Thames which though the Port of London notwithstanding Freight and all other charges are paid off CHAP. IV. Of Freight Charter-parties and Demorage I. The various wayes that Ships may be Freighted at this day II. The ancient way of Freighting III. How the same is governed upon the various Contracts and of Accidents happening to Masters or Laders preventing the Voyage IV. Of Ships laded and unladed before the Voyage begun Their becoming disabled viz. perish in the Voyage before the same is compleated V. Of Ships departure considered as in reference to Freight and Damage VI. Of Freight arising on Trading Voyages and lost by contingent actions considered by the Common Law and the Law Maritime VII Of Freight becoming due upon the various wayes of Contract or general where none was agreed for VIII Of Faults arising from the Freighters and of the decease of the Ship as in reference to Freight IX Of Faults of Masters arising from taking in Goods more than were contracted for And of being forc'd into Ports in his passage X. Passengers dying the Shipâ—… title to their Goods and Concerns XI The Ship in construction of Law how far lyable to Freight XII Ships taken and retaken in Warr whether the same destroyes the Contract XIII Goods become lost without fault of the Ship whether Freight becomes due XIV Of Freight contracted with persons deficient XV. Of Ships contracted for by the mouth to be paid at the arrival at a Port Ship is cast away the Goods saved whether the Freight ought to he paid I. IN the Freighting of Ships respect is alwayes had to the Ship it self or else to a certain part thereof Again The Merchants either Freight her by the Month or the Entire Voyage or by the Tun for it is one thing to Freight a Ship and another thing to take certain Tunnage to Freight So also it is one thing to be a Cape-Merchant another to be an under Freighter II. There was of old another way of Freighting which was when the Merchant agreed with the Master for a Sum certain to convoy the Goods ensur'd against all peril such were to be responsible if any detriment or loss happened but that is now become obsolete III. Freight is governed generally by the contract and varies according to the agreement reduced generally into a Writing commonly called a Charter-party executed between the Owners and Merchant or the Master in the behalf of himself and Owners or himself and the Merchant or between them all The Master or Owners generally Covenant to provide a Pylott and all other Officers and Marriners and all other things necessary for the Voyage and for the taking in and delivering out of the Lading If there be an agreement and earnest but no writing if the same be broke off by the Merchant he loseth his earnest but if the Owners or Master repent they lose double the earnest But by the Common Law of England the party damnified may bring his Action of the Case and recover his damages on the agreement If a time is appointed by the Charterparty and either the Ship is not ready to take in or the Merchant not ready to lade aboard the parties are at liberty and the party damnified hath his remedy against the other by Action to recompence the detriment If part of the Lading be a Shipboard and it happens some misfortune may overtake the Merchant that he hath not his full Lading aboard at the time the Master is at liberty to contract with another and shall have Freight by way of damage for the time that those Goods were aboard after the time limited for such agreements are of a Conditional nature precedent a failer as to a compleat Lading will determine the same unless afterwards affirm'd by consent And though it be no prudence for every Merchant or every Master to depart from the Contract if it should so fall out that the Agreement as to the Lading is not performed according to the Charter-party or Agreement seldome ever done if any part be aboard yet it is the highest Justice that Ships and Masters should not be infettered but free for otherwise by the bare lading of a Cask or Bale they might be defeated of the opportunity of Passage or Season of the year So on the other hand if the Vessel is not ready the Merchant may ship aboard in another Vessel the remainder of his Goods and discharge the first Skipper and recover damages against the Master or Owners for the rest And this is grounded upon the like reason as the former And therefore by the Law Maritime chance or some other notorious necessity will excuse the Master but then he loseth his Freight till such time as he breaks ground And till then he sustains the loss of the Ship But if the fault be in the Merchant he then must answer the Master and the Ships damage or else be lyable to entertain the Ships Crew ten dayes at his own Charge but after that then the full Freight and if any damage happens afterwards the Merchant must run the risque of that and not the Master or Owners But by the Common Law so long as the master hath the Goods a shipboard he must see them forth-coming IV. If Goods are fully laded aboard and the Ship hath broke ground the Merchant on consideration afterwards resolves not on the adventure but will unlade again by the Law Maritime the Freight seems deserved But if the Ship in her Voyage becomes unable without the Masters fault or that the Master or Ship be Arrested by some Prince or State in her Voyage the Master may either mend his Ship or Freight another But if the Merchant will not agree to the same then the Freight becomes due for so much as the Ship hath earned For otherwise the Master is lyable for all damage that shall happen And therefore if that Ship to which the Goods were transladed perish the Master shall answer but if both the Ships perish then is he discharged But if there be extream
their proof by their marks or Cockets by the Book of Customes or by the Testimony of honest men and if the Wreck belongs to the King the party may sue out a Commission to hear and determine and that by the Oaths of twelve men Or else he may bring his Action at Law and make out his proof by Verdict but such Action must be brought within the year and day Note Flotsam Jetsam and Lagan are Goods on or in the Sea and belong to the King who by Charter hath granted them to the Lord Admiral IX If Goods are wreckt on the shoare and the Lord having power takes them he shall not pay Custome The Admirals of England ut magnus Admirallus Angliae Hiberniae Walliae ac Dominiorum Insularum earundem Villae Calisiae Merchiarum ejusdem nec non Gasconiae Aquitaniae classium marium dictorum regnorum Angliae praefectus generalis c. which are the words of their Patents used at this day do claym all Wrecks arising from any of those places by vertue of their Grants X. King Edward the Second in the first year of his Reign by his Charter granted the Castle of Carisbrook with all the Lands and Tenements in the Isle of Wight formerly belonging to Isabella Fortibus Countess of Albemarle to his great Favourite Peter de Gaveston and Margaret his Wife and the heirs of their two bodies begotten together with sundry other Castles and Lands and commanded Nicholas de Bosco to put him into actual possession and likewise commanded Robert de Sanson Keeper of the Forrest of Parkhurst in that Isle to be intendent to them for the Farm he had granted him for life for the Custody thereof which being after soon reseised into the Kings hands he granted this Castle with all its Services and all his Lands in that Isle to Edward his Son and his Heirs Kings of England and afterwards for the ascertaining what did of right belong to the same Castle an Inquisition went out by which it was found inter alia qd wrecknÌ„ maris Pertinens ad dictum Castrum valet ê‘ annÌ„ 4 S So that by the general Patent of the Admiral will not pass the Wreck of this Isle without special words granted in the Patent Note If the Wreck happened or was occasioned by reason of any fault or negligence in the Master or Marriners the Master must make good the loss but if the same was occasioned by the act of God to avoid an Enemy or Pyrat and the like there he shall be excused CHAP. VI. Of Averidges and Contributions I. Of Goods and Merchandize when subject to be cast over-board II. Of the Account rendred of such ejected Goods and by whom III. Of the Antient Lawes of England as in reference to such Ejectments IV. What Goods must come into the Averidge and what are exempt V. The Master discharged by such acts by the Common Law VI. The Ships Geare or Apparel whether within the Averidge VII The residue of the Goods where tacitly obliged to answer the Averidge VIII Of Goods remaining a shipboard spoyl'd by reason of the ejecting of others where subject to the Averidge IX Where Ship and Lading are both made liable to the Averidge X. Of misfortunes not subject to an Averidge XI Where the remainder of the Goods are exempted from the Averidge and the damage of the ejected Goods falls on the Master XII Damage to the Ship where the Lading contributes and the Standard rate in Contributions XIII The Master becomes a Captive for the redemption of Ship and Lading where lyable to the Averidge and where discharged XIV What Goods are subject to the Averidge XV. Contribution for Pylotage and where the remaining Goods not subject to Averidge XVI Rules general for settling the Averidge I. SHips being Freighted and at Sea are often subject to storms in which by the Ancient Lawes and Customes of the Sea in Extream necessity the Goods Wares Guns or whatsoever else shall be thought fit may in such Extremity be flung over-board but then the Master ought to consult with his Marriners who if they consent not and yet the storm and danger continues the Master may command notwithstanding the casting overboard what he shall judge most fitting for the common safety of the rest If there be a super Cargoe a request ought to be made to him to begin first but if he refuses the Marriners may proceed II. If the Ship so fortunes as to out-weather the Storm and in safety arrives at her Port of discharge the Master and the most of his Crew must swear that the Goods were cast over for no other cause but purely for the Safety of the Ship and Lading The custome of clearing of that Point varies according to the several Countries or places they arrive at III. King William the Conquerour and Henry the First made and ratified this Law concerning Goods cast over-board by Marriners in a Storm in imitation of the Ancient Rhodian Law de jact ' Si ego jecero res tuas de Navi ob metum mortis de hoc non potes me implacitare nam licet alteri damnum inferre ob metum mortis quando periculum evadere non potest Et si de hoc me mesces qd ob metum mortis nil fecisse de comespriorai Et ea quae in navi restant dividantur in communi secundum catalla et si quis fecerit Catalla extra navim quando necessitas non exigerit ea restituat IV. The Ship arriving in safety the remainder must come into the Averidge not onely those Goods which pay Freight but all those that have obtained safety and preservation by such ejection even Money Jewels and Clothes and such like are not exempted But those things which are born upon a mans body Victuals and the like put a Shipboard to be spent are totally excluded from the Contribution The Master ought to be careful that onely those things of the least value and greatest weight be flung over-board V. As this Law does take care that this common Calamity should be born by all the parties interessed by a general Contribution so the Common Law takes notice of the misfortune and makes provision to Indempnifie the Master and therefore if the party Owner of such ejected Goods shall bring an Action against the Master or Owners of the Vessel the Defendant may plead the special matter and the same shall barr the Plaintiff VI. But if the Ships Gear or Apparel be lost by Storm the same is not within the Averidge but is accounted like unto a Workman breaking or spoyling his Tools So for Goods secretly brought into the Ship against the Master or Pursers knowledg no Contribution is to be made except in the avoiding of a danger as the flinging the Most overboard or the slipping the Tow-Anchor or Boat This Order is observed generally in the rating
money is not then paid together with the Rechange and Charges of the party the party may recover the same on the Principal or Security XXV Beyond the Seas the protest under the Notary's hand is sufficient to shew in Court without producing the very Bill it self But if a Bill in England be accepted and a special Action grounded on the Custome be brought against the Acceptor at the Tryal the party Plaintiff must produce the Bill accepted and not the Protest otherwise he will fail in his Action at that time Therefore it is safe that a Bill once accepted be kept and onely a Protest for non-payment be remitted but a Bill protested for not acceptance must be remitted XXVI If a Bill is lest with a Merchant to accept and he loses the Bill or at least it is so mis-lade that it cannot be found if the party shall request the Merchant to give him a Note for the payment according to the time limited in the Bill of Exchange Otherwise there must be two Protests one for not acceptance the other for non-payment but if a Note is given for payment if there happens to be a failer yet in that case there must be Protest for non-payment XXVII A Bill is remitted to J. S. who owes moneys to J. D J. S. delivers the Bill to J. D and on the back-side subscribes his name if J. D. receives the moneys he may fill up the blanck as if the moneys had been actually paid to J. S This is practised amongst Merchants and by them reputed firm and good But certainly the Common Law looks upon this filling up of Blanks after a man hath once signed or sealed to be no better then a harmless forgery Note No person be it Wife or Servant can accept of a Bill of Exchange to bind the Master without a lawful authority as a Letter of Attorney and the like which must be under-hand unless that it has been formerly and usually done by the Wife or Servant in such case when the Master hath been out of Town who hath approved of the same and answer'd payment it must be usually done but one Partner may for another A Servant of Sir Robert Clayton and Mr. Alderman Morris but at that time actually gone from them took up 200 Guineys of Mr. Monck a Goldsmith without any authority of his Masters but Monck did not know that he was gone the Moneys not being paid Monck brought an Action against Sir Robert Clayton and Morris and at Guild-Hall it was Rul'd per Keeling Chief Justice That they should answer and there was a Verdict for the Plaintiff And though there was great endeavours to obtain a new Tryal yet it was denyed the Court at West minster being fully satisfied that they ought to answer for this Servant had used often to receive and pay moneys for them and thereupon they actually paid the moneys Note That which will oblige the Master will be the authority and liberty which he usually gives the Servant therefore such a power devolved ought to be secured by the prudent'st way that may be which is generally done by Bonds and Obligations If a Bill of Exchange by contrary Wind or other occasions be so long on the way that the Usance or time limited by the Bill be expired and being tendred both acceptance and refusal are denyed protests for both must be made and the Drawer must answer the value rechange and damage XXVIII A Bill once accepted cannot be revoked by the party that accepted it though immediately after and before the Bill becomes due he hath advice the Drawer is broke If a Bill is not accepted to be paid at the exact time it must be protested but if accepted for a longer time the party to whom the Bill is made payable must protest the same for want of acceptance according to the tenour yet he may take the acceptance offered notwithstanding Nor can the party if he once subscribes the Bill for a longer time revoke the same or blot out his name although it is not according to the tenour of the Bill for by his acceptance he hath made himself debtor and owns the draught made by his Friend upon him whose right another man cannot give away and therefore cannot refuse or discharge the acceptance Note This case will admit of two Protests perhaps three 1. One Protest must be made for not accepting according to the time 2. For that the money being demanded according to the time mentioned in the Bill was not paid 3. If the Money is not paid according to that time that the Acceptor subscribed or accepted A. drawes a Bill on B and B. is in the Country C. a Friend of his hearing of the Bill accepts it the party to whom the money is to be paid must make a protest for non-acceptance by B and then he may take the acceptance of C and it shall bind C. to answer the Money If a Bill is drawn on B and B. happens to be in the Country and a Friend of his desires the party not to protest and he will pay the same it is good and shall bind such party If there be two joynt-Merchants or Partners and one of them accepts a Bill of Exchange the same shall bind the other and an Action of the Case on the Custome may be maintained against him XXX Merchants generally allow 3. dayes after a Bill becomes due for the payment and for non-payment within the 3. dayes protest is made but is not sent away till the next Post after the time of payment is expired If Saturday is the third day no protest is made till Munday XXXI The use of the Protest is this That it signifies to the Drawer that the party upon whom he drew his Bill was unwilling not to be found or insolvent and to let him have a timely notice of the same and to enable the party to recover against the Drawer For if one drawes a Bill from France upon a person in England who accepts and fails or becomes insolvent at the time of payment if there be not a Protest and timely notice sent to the Drawer there it will be difficult to recover the money In Holland they are not altogether so strict yet there must be a reasonable time of notice the reason is for perhaps if he had reasonable and timely notice the Drawer then might have had Effects or other means of his upon whom he drew to reimburse himself the Bill which since for want of timely notice he hath remitted or lost And the general Rule is That though the Drawer is bound to the Deliverer till the Bill is satisfied yet it is with this proviso that protest be made in due time and a lawful and an ingenious diligence used for the obtaining payment of the Moneys for it were unreasonable the Drawer should suffer thorough his neglect XXXII Where a Merchant hath accepted and before
an Action as a Feme sole 4. He shall forfeit those Lands which he shall purchase in the Realm during his Banishment for he during his Banishment is as much disabled to purchase as an Alien for fit alienigena by his Banishment and he is observed to be in a worse Condition than an Alien for he is marked with Indignatio principis 'T is true he cannot forfeit neither Title of Honour nor Knighthood nor the Lands he had before Exile unless there be special Sentence or Judgment as that of the Spencers If the Father be in Exile this hinders not the Freedom of the Son for the same is not a thing descendable for should it be so then the Banishmens of the Father would make a Forfeiture of the Freedom but the Son has this Freedom by his own Birth as a Purchase and not by the death of his Father by descent Like the Case where J. S. hath many Children and then he confesseth himself a Villain to J. D. in Court of Record yet his Children formerly Born are Free-men and no Villains the Reason is because they were Free by their own Births but the Inheritance is Inthralled because it is to come to the Heir by descent XI A Free-man of a City or Burrough may be made divers ways as my Lord Cooke observes 1. By Service 2. By Birth by being the Son of a Free-man 3. By Purchase or Redemption At Bristol by Marriage Sir John Davies in his Irish Reports observes the same for Law St. Paul was born at Tarsus in Cicilia which was under the obedience of the Romans by vertue of which he challenged the priviledge of a Roman Citizen but it was accounted no more than a National Freedom like that of Calvin who claimed the general Freedom of an English-man being born in Scotland but under the obedience of the King of England but that Challenge made not St. Paul Free of the Private Customs Priviledges and Franchises of Rome no more than Calvins Birth made him a Free Citizen of London to the particular Customs of that City The King by his Letters Patents cannot make one a Free-man of London yet he may thereby make him a Free-man of his Kingdom If one be Born in a City of Parents that are not Free the Child hereby is no Citizen by Birth and if one be born of Free Parents out of the place of Priviledges as London c. he yet is a Free-man by Birth yet in the Charter Granted to Yarmouth the words were concessimus Burgensibus de magna Yarmutha de Villa praedict ' Oriundis that they should have such and such Liberties So that Special words may alter the Case London had many Royal Franchises granted them from time to time and were often by former Kings successively confirmed nor wanted they a share when the great Charter was granted to have their ancient liberties secured nor were the succeeding Princes slack in their Royal grants and confirmations but especially Richard the Second who in Parliament granted and confirmed to them all their ancient customes and liberties with this clause Licet usi non fuerint vel abusi fuerint and notwithstanding any Statute to the contrary amongst the number of their many Priviledges the freedom of the same was accounted of no small importance since in divers Parliaments it was very much aimed at and endeavoured to be impaired but at last they obtained a most gracious and Royal Confirmation in Parliament of their ancient liberties amongst which it is declared that no Merchant being a Stranger to the Liberty of the said City should sell any Commodities within the Liberty of the said City to other Merchant-Strangers nor that such Merchant-Stranger should buy of anyother Merchant-Stranger such Merchandize within the Liberty of the said City without forfeiture thereof saving that any Person Lord Knight c. may buy within the Liberties of any Merchant-Stranger Merchandizes in gross for their own use so that they do not sell them again to any other And as this City by Custom may pre-clude any Person not being free of the same to sell in such manner upon such pain so any other City which are Burroughs or Cities by prescription within this Realm may have the like Custom and the goods sould or bought by such may be subjected to forfeiture but the same cannot be good by Charter or Grant A compleat Free-man is such a one as hath challenged his freedom and taken the Free-mans Oath and is admitted into the Society and Fellowship of the Free-men Citizens and Burgesses otherwise he hath but a bare right to his freedom CHAP. II. Of Aliens as in relation to their Estates real and personal I. Of an Alien his ability and disability in the taking and enjoying of Estates real and personal II. Of his capacity in purchasing and disability to transfer by an hereditary descent III. Of the rules of descents according to the Laws of several Countreys IV. Of descents according to the rules of the Common Law of England lineal and collateral V. Of Impediments in one that is not the medius antecessor VI. Of Impediments in one that is the medius antecessor lineal and collateral VII Of the Statute of Natis ultra Mare and of issues born beyond the Seas VIII The Lord Cokes opinion that if an Allien has issue two Sons Denizons the one purchases Lands and dyes the other cannot inherit them debated and refuted IX Of Foreign births which do not create a disability X. Of Aliens not disabled by Law to bring either real or personal actions XI Of Office that must entitle the King to an Aliens Estate XII Of some particular immunities and other matters relating to an Alien AN Alien is one born in a strange Countrey under the obedience of a strange Prince and State and out of the legeance of the King of England and can have no real or personal action for or concerning Lands and therefore if he purchase Lands Tenements and Hereditaments to him and his Heirs albeit he can have no Heir yet he is of capacity to take a fee-simple but not to hold for the King upon Office found shall have it by his Prerogative So it is if he purchase Lands and dyes the Law doth cast the free-hold and inheritance upon the King But if he purchase or take a Lease for years of a House or Ware-house which is for the accommodating him as a Merchant-stranger whose Prince or State is in League with ours there he may hold the same for that the same is incident to Commerce And in that case if he departs and relinquishes the Realm the King shall have the same so it is if he be no Merchant The like Law is if he takes a Lease of Meadows Lands Woods or Pastures the King shall have the same for the Law provides him nothing but a habitation to Trade and traffique in as a Merchant II. Though he may take
not Aliens Scotland is a Kingdom by union and therefore those that were born in Scotland under the allegiance of the King as of his Kingdom of Scotland before the Crown came united were Aliens born and such plea against such Persons was a good plea but those that were born since the Crown of England descended to King James are not Aliens for they were born sub side legiantia Domini Regis so those that are born at this day in Uirginia New England Barbadoes Jamaiâ—…a or any other of his Majesties Plantations and Dominions are natural born Subjects and not Aliens so likewise those that are born upon the King of England's Seas are not Aliens X. But if an Alien be made an Abbot Prior Bishop or Dean the plea of an Alien we shall not disable him to to bring any real or mixt action concerning the possessions that he hold in his politique capacity because the same is brought in auter droit The like Law is for an Executor or Administrator because the recovery is to anothers use If an action is brought against an Alien and there is a Verdict and Judgment against him yet he may bring a writ of Error and be plaintif there and that such plea is not good in that case Though an Alien may purchase and take that which he cannot keep nor retain yet the Law hath provided a mean of enquiry before he can be devested of the same for until Office be found the free-hold is in him And this Office which is to gain to the King a Fee or Free-hold must be under the Great Seal of England for a Commission under the Exchequer Seal is not sufficient to entitle the King to the Lands of an Alien born for the Commission is that which gives a title to the King for before that the King hath no title but in cases of Treason there upon Attainder the Lands are in the King without Office and in that case to inform the Court a Commission may go out under the Echequer Seal XI If an Alien and a Subject born purchase Lands to them and to their Heirs they are joint tenants and shall join in Assize and the Survivor shall hold place till Office found By the finding of this Office the party is out of possession if the same be of Houses or Lands or such things as do lye in livery but of Rents Common advowsons and other Inheritances incorporeal which lye in grant the Alien is not out of possession be they appendant or in gross therefore if an Information or an Action be brought for the same the party may traverse the Office in that Court where the Action or Information is brought for the King And if the King obtains not the possession within the year after the Office found he cannot seize without a scire facias It is not for the Honour of the King an Alien purchasing of a Copyhold to seize the same for that the same is a base tenure and so it was adjudged where a Copy-hold was surrendred to J. S. in trust that one Holland an Alien should take the profits thereof to his own use and benefit upon an Inquisition taken it was adjudged the same was void and should be quashed because the King cannot be entitled to the Copyhold Lands of an Alien nor to the use of Copyhold Lands as the principal case was An Alien Infant under the age of 21 years cannot be a Merchant Trader within this Realm nor can he enter any goods in his own name at the Custom-house If an Englishman shall go beyond the Seas and shall there become a sworn Subject to any Forraign Prince or State he shall be look'd upon in the nature of an Alien and shall pay such Impositions as Aliens if he comes and lives in England again he shall be restored to his liberties An Alien is robbed and then he makes his Executor and dyes and afterwards the goods are waift the Lord of the Franchise shall not have them but the Executors Vide Stat. 13. E. 4. All personal actions he may sue as on a Bond so likewise for words for the Common Law according to the Laws of Nations protects Trade and Traffique and not to have the benefit of the Law in such cases is to deny Trade CHAP. III. Of Naturalization and Denization I. Whether the Kings of England can naturalize without Act of Parliament II. What operation Naturalization hath in reference to remove the disability arising from themselves III. What operation naturalization hath as in reference to remove deffects arising from a lineal or collateral Ancestor IV. A Kingdom conquered and united to the Crown of England whether by granting them a power to make Laws can implicitely create in them such a Soveraignty as to impose on the Realm of England V. Of Persons naturalized by a Kingdom dependant whether capable of imposing on one that is absolute VI. Of Kingdoms obtained by conquest how the Empire of the same is acquired and how the Conqueror succeeds VII Ireland what condition it was accounted before the Conquest as in reference to the Natives of the same and whether by making it a Kingdom they can create a Forraigner as a natural born subject of England VIII Of Aliens as in reference to the transmission of their Goods Chattels by the Laws of France IX Of the Priviledges the Kings of England of old claimed in the Estates of Jews dying comorant here and how the same at this day stands X. Of Persons born in places annexed or claimed by the Crown of England how esteemed by the Laws of the same XI Of Denization and what operation it hath according to the Laws of England XII Where an Alien is capable of Dower by the Laws of England and where not and of the total incapacity of a Jew XIII Whether a Denizon is capable of the creation and retention of Honour by the Laws of England I. THe Father and the Mother are the fountain of the blood natural and as it is that that makes their Issue Sons or Daughters so it is that that makes them Brothers and Sisters but it is the civil qualifications of the blood that makes them inheritable one to the other and capable of enjoying the immunities and priviledges of the Kingdom but that is from another fountain viz. The Law of the Land which finding them legitimate doth transplant them into the Civil rights of the Land by an Act called Naturalization which does superinduce and cloath that natural consanguinity with a Civil hereditary quality whereby they are enabled not only to inherit each other but also to enjoy all the immunities and priviledges that meer natural born Subjects may or can challenge II. According to the Laws of Normandy the Prince might naturalize but such naturalization could not divest the descent already vested But according to our Law by no way but by Act of Parliament and that cures the defect as
tongue or Nation whatsoever nor matters it of what sufficiency the Jurors are for the form of the venire facias shall not be altered but the clause of quorum quolibet habeat 4. c. shall be in If both parties are Aliens then the Inquest shall be all English for though the English may be supposed to favour themselves more then Strangers yet when both Parties are Aliens it will be presumed they will favour both alike without any difference IV. If an Alien is party who slips his opportunity and suffers a Trial by all English the same is not a Verdict Erroneous for if he will be so negligent as to slip that advantage which the Law gives him it is his fault for the Alien if he will have the benefit of that Law he must then pray a venire facias per meditatem Linguae at the time of the awarding the venire facias But if a neglect of that opportunity happens yet if he prays it after the awarding a general venire facias the same may be retreeved so as it be before the venire be returned and filed for then he may have a venire facias de novo or otherwise he cannot nor can he afterwards challenge the Array for this cause if it falls out the Juries are all Denizens though Sandford seems to be of a contrary opinion for the Alien must pray it at his peril V. If there be a general venire facias the Defendant cannot pray a decem Tales c. per medietatem Linguae upon this because the Tales ought to pursue the venire facias But if the venire facias be per medietatem Linguae the Tales ought to be per medietatem Linguae as if five Aliens and five Denizens appear on the principal Jury the Plaintif may have a Tales per medietatem but if the Tales be general de Circumstantibus it hath been held good enough for there being no exception taken by the Defendant upon the awarding thereof it shall be intended well awarded If an Alien that lives here under the protection of the King of England and Amity being between both Kings commits Treason he shall by force of the Act of 1. and 2. Ph. and Mary be tryed according to the due course of the Common Law and shall not in that case be tryed per medietatem Linguae But in case of Petit Treason Murder Fellony c. if he prays his Trial per medietatem Linguae the Court ought to grant it Yet if an Information be exhibited against an Alien the Trial is not per medietatem but according to the Common-Law If an Alien in League brings an action if there be cause the Defendant may plead in abatement but if it be an Alien Enemy he may conclude in the action In an action for words the Defendant pleaded not guilty and said he was an Alien born and prayed Trial per medietatem Linguae which was granted and at the nisi prius in London but six English-men and five Aliens appeared and the Plaintif prayed a Tales de Circumstantibus per medietatem Linguae and it was granted so there wanted one Alien and the Record was Ideo Alius Aliegena de Circumstantibus per vic' London ad requisitionem infra nominati Julii Caesaris per mandato Justiciarum de novo apposito cujus nomen panelo praedict ' affilatur secundum formam Statuti in hujusmodi casu nuper editi provise qui quidem Jurato sic de novo appositus viz. Christianus Dethick Alienigena exactus venit ac in Juratam illam simul cum aliis Juratoribus praedicta prius impanellatis Juratis Juratus fuit c. It was found for the Plaintiff and afterwards moved in Arrest of Judgment That no Tales was to be granted de Circumstantibus when the Trial is per medietatem Linguae by the Justices of Nisi prius by the Act of 35 H. 8. because in the Act it is spoken of Free-hold of Jurors and an Alien is not properly said of any Countrey or to have any Free-hold but it was adjudged because the Statute was made for speedy execution that it should be expounded favorably according to the intent and meaning of the Makers of the Act and though in this case the Tales was prayed by the Plaintiff where it ought to have been ad requisitionem defendentis yet that should be taken to be but a misprision and would be amended VI. If the Plaintiff or Defendant be Executor or Administrator though he be an Alien yet the Trial shall be by English because he sueth in Auter droit but if it be averred that the Testator or Intestate was an Alien then it shall be per medietatem Linguae Shely a French man who joyned with Stafford in the Rebellion in the taking of Scarborough Castle in the County of York he being taken was arraigned in the Kings Bench upon an Indictment of Treason and the Indictment was contra legiantiam suam debitam and the Indictment was rul'd to be good although he was no Subject because it was in the time of Peace between the Queen and the French King But if it had been in the time of War then the Party should not have been indicted but ransomed It was likewise rul'd there that the Trial was good although the Venire facias awarded in York was general and not de medietatem Linguae for such Trial per medietatem Linguae does not extend to Treasons 4. Ma. Dyer 145. the Indictment ought to omit the words Naturalem Dominam suam and begin that he intended Treason contra Dominam Reginam c. Hill 36. Eliz. in B. R. Stephano Ferraro d'Games case in Dr. Lopez Treason If an Alien Enemy come into this Realm and be taken in War he cannot be indicted of Treason for the Indictment cannot conclude contra legianeiae suae debitum for he never was in the protection of the King and therefore he shall suffer death by Marshal Law and so it was rul'd in 13 H 7. in Perkin Warbecks case who being an Alien born in Flanders feigned himself to be one of the Sons of King Edward the 4th and invaded the Realm with intent to take upon him the Dignity who had his Judgment and Trial by Martial Law and not by the Common-Law of England VII The Kingdom of Ireland was a Dominion separated and divided from England at the first and came to the Crown of England by Conquest in the time of Henry the Second and the meer Irish were as Aliens Enemies to to the Crown of England and were disabled to bring any action and were out of the protection of the Laws of this Realm and five Scepts of the Irish Nation were only enabled to the Laws of England viz. Oneil de Ultonia O Molloghlin de Media O Connoghor de Connacia O Brian de Tholmonio and Ma Murogh de Lagenia as appears by the Records
The Wares Merchandizes Debts or Duties that Merchants have as joint Traders or Partners shall not go to the Survivor but shall go to the Executor of him that is deceased If two joynt Merchants occupy their Stock Goods and Merchandize in Common to their common profit one of them naming of himself a Merchant shall have an account against the other naming him a Merchant and shall charge him as Receptor denariorum ipsius B. ex quacunque causa contractu ad communem utilitatem ipsorum A. B. provenient sicut per legem Mercatoriam rationabiliter monstrare poterit XV. And as the Law establishes security for their Estates so it gives them other immunities in their Commerce for if one Merchant draws a Bill of Exchange upon another be it in-Land or out-Land if it be by way of Exchange the acceptance of the Bill by the Party shall bind him to that party to whose use the Money in the Bill is to be paid and he may bring his action in his own name per legem Mercatoriam And so it is if a third Person that is a Stranger to the Bill shall accept the same for the honour of the Drawer it shall bind him as effectually as if he upon whom the Bill was drawn had accepted it and this by the Custom of Merchants XVI All other Subjects are restrained to depart the Realm to live out of the Realm and out of the Kings Obedience if the King so thinks fit but Merchants are not for they may depart and the same is no contempt they being excepted out of the Statute of 5 R. 2 cap. 2. And by the Common Law they might pass the Seas without Licence though not to Merchandize XVII It was once conceived that those Laws which were prohibitory against Forraign Goods did not bind a Merchant-Stranger but it was ruled otherwise For in the Leagues that are now established between Nation and Nation the Laws of either Kingdom are excepted and therefore as the English in France or in any other Nation in Amity are subject to the Laws of that Countrey where they reside so must they of France or of any other Country be subject to the Laws of England when resident or here and therefore if a French Man imports any Points Laces Belts Hats and the like they are forfeited XVIII The marking of Goods is of a great consequence as in relation to the settling the property of the Merchandize in the right Owner and in Courts of Justice both the Civil Law and the Common Law hath a great respect to the same therefore the use has been that every particular Merchant hath his particular mark appropriated to him by which means if the Person is of any value considerable as in relation to Commerce his mark is presently known Every Merchant is to set down his mark upon his Books of Account wherewith his Commodities are marked so Companies and Societies have their particular mark No Merchant ought to use another mark without leave first had of the Party whose mark the same is for as Flags are the Ensigns that give consusance of the Nation whose Ships they are so marks are to ascertain the Owners of their property without confusion or damage And though to set the mark of another Man alters not the property yet it may work such a detriment as may be very mischievous and therefore by the Common Law of England if J. S. shall maliciously set the mark of J. D. upon his Goods to the intent J. D. shall or may be brought into any trouble or put to any dammage or charge an action of the case will against J. S. CHAP. VII Of Factors I. Factors their qualifications generally considered as in refference to their employment II. Of Commissions and the words in the same that quallifies them in their employment III. Of Commissions to Factors that limit their actions IV. Of a Factor that deals for several Merchants of the obligations that oblige and not oblige each other V. Of their power considered as in refference to the dispensing with the Debtors of their Principals VI. Where the false entry or unfaithfulness of the Factor subjects him to answer dammage to his Principal and of the like committed by the Principal where to answer to the Factor VII Of Goods remitted to Factors and lost in their possession who bears the misfortune VIII Bills of Exchange drawn on the Factor by the Principalâ—… and accepted but before day of payment the Principal becomes Bankrupt whether the same must be payed IX Of Freighting of Ships by a Factor where he is obliged to see the same discharged X. Of the general rules to be used touching the construction of their actions I. A Factor is a Servant created by a Merchants Letters and taketh a kind of provision called Factorage such Persons are bound to answer the loss which happens by over-passing or exceeding their Commission but a simple Servant or an Apprentice can only incur his Masters displeasure The Spaniard hath a Proverb Quien passa Commission pier de Provision He that exceeds his Commission shall loose his Factorage But time and experience hath taught them to know better things for now it is Subolca la paga His Purse must pay for it The gain of Factorage is certain however the success of the Voyage proves and it is the prudence of Merchants to chuse honest and industruous Persons for otherwise the Factor may grow rich and the Merchant poor the first being sure of his reward the latter uncertain of his gain II. In Commissions they now generally incert these words Dispose do and deal therein as if it were your own by which the actions of the Factor are to be excused though it turns to his Principals loss because it shall be presumed he did it for the best and according to his discretion III. But bare Commission to a Factor to sell and dispose will not enable him to trust or give further day of payment for in the due execution of his authority he ought on a Sale to receive quid pro quo and as he delivers one receive the other for otherwise by that means as they may trust six Moneths they may trust sixteen years Nor by the vertue of that clause of Doing as if it were their own may they trust out to an unreasonable time as ten or twenty years instead of one two three Moneths which is the Customary time for the like Commodities And so it was adjudged where one had remitted Jewels to his Factor in Barbary who disposed of the same to Mulleshack the Emperor for a Sum certain to be paid at a time which being elapsed the Factor not obtaining it was forced to make the same good to his Principal IV. Again one and the same Factor may act for several Merchants who must run the joynt risque of his actions though they are meer Strangers to one another as if five Merchants shall remit to
to vindicate other mens injuries then our own by how much more it is to be feared that a man in his own by too deep a resentment may either exceed a measure or at least infect his mind however his right of punishing an equal remains still in those places where the People remain as in great Families and not in Cities or under some Government and therefore those that have now possessions of any Parts of the New World or American Isles till they have either voluntarily submitted to a Government or put them and their discovery into the hands or protection of some Prince that may exercise power there remains the old and natural right of punishing for offences So likewise where Persons shall be assaulted by Pyrats on the Seas if they be overcome they may be immediatly executed by the Law of Nature for otherwise there would be a Failer of power to punish such Besides the old natural Liberty remains in all Places where are no Judgments so where they are taken and brought to a Port and the Judge openly refuses the Trial of them or that a Trial of them cannot be had without an apparent detriment and loss to the Captors Justice may be done upon them by the Law of Nature VII Two Pyrats resolving to assault and rob the next Vessel they meet with not knowing each others condition or design encounter and the one happens to be overcome by the other the question is now whether the above mentioned right so far remains as that the stronger may execute him that he hath overcome Right reason dictates that the evil doer may be punished not who should punish him but that Nature sufficiently sheweth that it is most convenient to be done by him that is Superior yet doth it not demonstrate this to be necessary except Superior be taken in that sence that the evil doer be thought to have made himself thereby inferior to any other and to have as it were degraded himself from the order of men into the number of Beasts subject to no man and such are Pyrats who have no other denomination but Night-wolves or Beasts of Prey By Nature it is ordained That the better command the worse And Aristotle saith The worse are provided for the use of the better as well in Naturals as in Artificials It follows hence that at least a guilty Person ought not to be punished by another equally guilty to which purpose is that saying of Christ VVhosoever of you is without sin that is such sin let him throw the first stone Pertinent is that saying The Sentence can have no authority where he that judgeth is to be condemned From whence it follows that the right of punishing in such case at such time ceases VIII Kingdoms which are equal in power and having no dependance on each other cannot be commanded nor corrected of another but if there be a question to execute the Decree or Judgment of one in the Territory of the other there may issue forth a Commission of entreaty under the Seal of that Court where the Judgment was given or at least under the great Seal of the Prince directed to the Judges in that place where the the Defendant is resident and the Judge to whom the said Commission is directed may award execution according to the Laws of Nations And so it was adjudged where one having recovered a Debt before the Governour of Freisland Defendant upon that fled for England the Governour at the Request of the Plaintiff issued forth his Commission of Request directed Omnes Magistratus infra Regnum Angliae rogans to make execution of the said Judgment upon which the Judge of the Admiralty in England issued forth an Execution of that Sentence and the Defendant was taken upon which he brought his Habeas Corpus and adjudged the Sentence well executed by the Laws of Nations and according to the Common Law of this Realm So likewise if a Dutch-man takes up Goods at the Port of London and gives a Note under his hand for the payment of the same and then flyes into Holland the Vendor may apply himself to the Lord Major of London and upon proof of the delivery and Sale of the Goods the Lord Major making a Certificat of the same and sending it under the City Seal directed as above they of Holland will and do execute the same upon the Party Herein this last Case differs from the first for by the former if there should fall a question about the interpretation of the Judgment or Sentence the same cannot be done for they are not to examine the same and the reason is least the Stranger be induced at another time to do the like and so dissolve the Judgments whereof they should demand the execution the which would be done more through jealousy of the State then for any injustice in them besides the Judgments or Sentences which are matters of Record and of the greatest security in a Kingdom the presumption that they were justly given shall alwayes be understood IX But in the latter the same may be examined that is the Merchant may be heard as to his legal defence either to the lessening or discharging the debt or dammage but against the testimony certified no objection can be made but the same is admitted as legally proved But if there be a question of honour or life there they may not execute the Judgments of Forraign Judges especially if they have not kown the merit of the causes or seen the Informations or heard the Witnesses but more especially in England for there can in no respect whatsoever the life of a Man let his offence be never so hainous be brought to punishment without a legal Tryall and that by the producing of Witnesses viva voce to his face yet Princes for the respect they bear each other and for the Good of Justice though they cannot at the bear request of the Judges of another Prince put them to death yet they may for exemplary punishments which ought to be made upon the places were the fact was committed yield the natural Subject to his natural Prince unless the Prince to whom the fugitive is fled findes that he is unjustly pursued for in such cases he is not bound to yield them yea he is forbidden by the Law of God to restore a bound-Man which is fled into another Mans house to avoid the fury of his Master X. And as the same is in cases Forraign so likewise in those Estates that are under the Crown of England and therefore if a Man recovers against I. S. in the Kings Bench in England and then the Defendant flies over into Ireland the Judgment may be certified over into the Chancery in Ireland and they may by Mittimus send it into the Kings Bench there and they may award execution or otherwise the party may bring his Action of Debt on the same so the like has been done
for Decrees given in the Chancery in England which have been exemplyfied under the Great Seal directed to the Kings Lievtenant for the putting the same in execution there but in no case a Judgment given in England may be certified over under any other Seal but that of the Great one But in Scotland it is otherwise for that is a Kingdom absolute and not like Ireland which is a Crown annexed by Conquest but the other is by Union and though they be united under one Prince ad fidem yet their Laws are distinct so as if they had never been united and therefore the execution of the Judgments in each other must be done upon Request as above and that according to the Laws of Nations XI But in Collonies or Plantations which are reduced into the condition of great Families have not this Right of Requesting for they are governed by the Laws prescribed by the Souveraign of the same who may set Jurisdictions make them places priviledged not to have the Persons attached or arrested in any other places but within their own bounds so likewise upon their first forming or Institution may so declare that for any debt or Contract made or done in any place but in that of the same Plantation they shall not be impleaded and therefore in Virginia at this day if a Man contracts a debt in England flies to the same she cannot be there impleaded But if a Man takes up Goods and carries the same over thither there he may be sued in the place so likewise if it can be proved he carryed over the money borrow'd and this amongst others of the Laws and Constitutions of those Plantations is preserved inviolably the same being as it were a pledge and general safety which is given to those Inhabitants that shall resort thither and there plant themselves for the good of the Place and although those that thither flie by reason of great and unreparable losses have contracted debts far beyond their ability to satisfy a failer of which in strictness of Law may if the Creditor pleases oblidge their Bodies to Imprisonment yet doth it not thence follow that the same ought to exacted for though the Carcass of Men may gratify the revenge of the Creditor yet it never can pay the debt wherefore if those ends by themselves in a morall estimation be not necessary or if other ends on the opposit part occur not less profitable or necessary or if the ends proposed by Imprisonment may be attained another way it will then follow that if there be nothing of obligation on the Debtors part to render himself a Prisoner to the Creditor that then if the same can or may be avoided by flight the same in conscience may be done according to that of Cicero It was not fit perhaps to dismiss him being brought to Judgment but that he should be enquired after and brought to judgment was not necessary FINIS A Short Table of the Principal Matters contained in this Book Distinguished by Lib. for the Book Chap. for the Chapter and §. for the Paragraph Accessory Lib. Chap. § PYrat in the attempt kills a person by the Law Maritime the Slayer onely is Principall and the rest onely Accessories but by the Common Law otherwise 1. 4. 13 No Accessory to Pyracy can be tryed by virtue of the Stat. 28 H. 8. but he must be tryed in the Admiralty 1. 4. 23 26 Acceptance Acceptance of a Bill of Exchange what words amount to the same 2. 10. 15 20 Actions Actions of Trover will lye for an 8th or 16th part of a Ship 2. 1. 12 Admirals The reason of their power 1. 6. 5 Lib. Chap. § Admiral where 10th part of the Prize is due to him 1. 1. 〈◊〉 Admiral hath no Jurisdiction infra Corpus Com. 2. 2. 2 He may issue forth Commissions for the assembling of Court Martials 1. 14. 16 Execution of a Sentence of Death cannot be without his leave ibid. Agrument Made with Forraigners by the Commissioners of the Custome-House all persons Subjects shall have benefit of the same 2. 15. 3 Agreement for Freight where the same is determined by the fault of either party 2. 4. 3 Cannot be made with a Mariner for the Freightment of the Vessel 2. 4. 14 Averidge Vide Contribution Alien Not Capable of the Kings Pardon unless they were resident at the time the same was promulgated 3. 4. 7 Capable of taking but not of enjoying What they may hold and if they depart who will enjoy the same 3. 2. 1 Cannot transfer to his Heir to what he is disabled to hold 3. 2. 2 Alien marries an English Woman that is seized the Issue shall inherit 2. 2. 6 Though the Issue be born beyond the Seas shall inherit 3. 2. 7 Born in the Kings Dominions not Aliens Purchases Lands with a Natural born Subject to them and their heirs they are Joynt-Tenants 3. 2. 11 Aliens resident and Aliens travelling through France the difference bâ—…tween them as in reference to their Estates 3. 3. 8 Administration of an Alien's Estate may be committed to the next of Kin. 3. 3. 9 Diffâ—…rence between the Crowns of France and England in reference to the Births of persons born in places which they formerly possest 3. 3. 10 Alien in League his Action is only to be abated but in Enmity may conclude in barr 3. 4. 1 Alliances Alliances not determined by the death of the Prince 1. 7. 6 Ambassadors Where obliged not to Treat with any other but the Prince 1. 7. 4 How Regulated at the Congresse 1. 7. 5 Their Function 1. 10. 1 How protected though the Messengers of Rebels or Thieves 1. 10. 2 Violence or killing them how punishable 1. 10. 3 15 May be rejected and not received and when 1. 10. 4 Where punishable by the Lawes of Nations 1. 10. 5 6 14. 9 Are not to render account to none but to them that sent them 1. 10. 6 Not bound by any thing that is not malum in se jure gentium 1. 10. 10 Yet obliged to the formalities of Law 1. 10. 11 He may have Soveraign Jurisdiction over his Family by the concession of him with whom he resides 1. 10. 12 His Goods and Moveables cannot be seized on for any Civil matter 1. 10. 13 Ambassadors of Venice cannot receive any Present or preferment from any Forraign Prince or State 1. 10. 16 Bailio at Venice is the Ambassador for that Republique 1. 10. 6 Anchors Anchors may be placed for conveniency against the Owners will in other places 2. 9. 7 Not fastning of Buoyes to them punishable 2. 7. 7 Appeal Appeal lyes from the Commissioners of Assurances to the Lord Keeper 2. 7. 16 Assurance Assurances private and publique are both alike as in reference to the obtaining satisfaction 2. 7. 1 2 3 May be made on Ships or other things as well as Merchandize 2. 7. 4 Assurors are discharged upon the alteration of the property 2. 7. 13 They are not to answer