of enemy or disturber of their peace and traffique durst then appeare but also by the communicating of their trade and discipline on sea they did make neighbour Princes and Cities willingly Tributars unto them And further as Strabo writeth to the crowning of their renowne they surpassed all other Nations in knowledge of equity in marine businesse which they manifested by making of Sea-lawes For the very Emperors of Rome Tiberius Caesar Hadrian Vespasian Traian successively did referre all seafaring debates and controversies to the judgement of the Rhodian law And so likewise exemplarilie did their successor Antoninus by his rescript yet extant wherein answering to one Eudemon his plaint I am saith he the Lord of the world but the law is the master of the sea let that thy plaint and controversie Eudemon be decided by the law of the Rhodians So farre did the Romans who alwaies excelled all other Nations in devising of humane lawes yeeld and give place to the Rhodians in the sea lawes And by their example finding sea-faring and trafique on sea redound to a great common wealth as plainly pronounced Vlpian one of the fathers of their lawes the Romane Emperours and namely Claudius brought in new formes of actions and devised a kinde of new and sure commodities and gaine for trafiquers by taking upon them the hazard of shippe and goods to which end also is erected by English lawes the office of Assurance It is true that the first making of Sea lawes is otherwise by some attributed to others as by Dionysius to the Phenicians because of Merchant trade And Plinius for that same cause ascribes the Art of sayling to the Carthaginians and consequently would seeme to attribute to these two Nations also for their necessitie the skill of sayling To be briefe by the space of a thousand yeeres the sea at least the Mediterranean was onely ruled by the Rhodian law but helped with some few additions by the Romans and that by way of interpretation the rather to occurre to the deceits and Sophistrie of calumniators and wilfull vexers of their neighbours as also for other needfull doubts At last when all sorts of lawes by the eversion and renting of the Romane Empire was as it were for a long time buried necessity forced the Rulers of Rome Anno Dom. 1075. to make new sea lawes and statutes and so successively every chiefe sea-faring towne upon the Mediterranean coast to adde other ordinances as they of Marseilles did Anno Dom. 1162. and they of Genua Anno Dom. 1186. And they of Peloponnesus called Morea Anno Dom. 1200. and the Common-wealth of Venice Anno Dom. 1215. And the Emperours of Constantinople Paleolog Anno Dom. 1262. and Constantine 1270. and Iames King of Aragon that same yeere and Peter King of Aragon Anno Dom. 1340. and they of Barcelona Anno Dom. 1434. which lawes being all collected and amassed serve the Mediterraneans unto this day But on the great Ocean which is our sea the first lawes we knew to be made were devised by them of the Iland of Oleron situate on the sea coast of France beside S. Martin against the mouth of Charante and the Marraes neere to the entry of Garumna which are therefore called La roold ' Oleron as by which the controversies on the sea coast of France toward the Ocean were ordinarily decided in the towne of the said I le called thereupon Lavile de droict or Oleron As where the skilled Skippers in that law did dwell and had cognition of all such occurrent debates and questions Now these lawes of Oleron were afterward translated into Dutch by them of Wisby for the sea use of the Dutch coast And of late our Kings of Scotland made divers Acts in Parliament concerning sea-faring As also the Kings of England have done before for Edward the third by a solemne inquisition of eighteene most famous persons for skill in sea-faring assembled at Quinborow from divers parts Anno 1375. set downe certaine articles concerning the Admiralty and sea-faring into old French as may be seene in an old parchment authenticke booke yet extant which articles one Thomas Roucghton of that same turned afterward in Latine and intituled de officio admiralitatis Angliae Likewise Fredericke the second of Denmarke in his generall convention at Coppenhaven Anno 1561 sets downe a compend of Statutes for ruling of his Sea-faring subjects but for most part all one with La rooled ' Oleron Also the French King Henry the third added his new constitutions to these of Francois and others his predecessors which are chiefly for the authorising of his Admiralty Iurisdiction honour and profits therof preferring the Admirall and his officers to all other Iudges and Iustices except these called Royals Notwithstanding all these many divers and late Statutes and Ordinances made and set forth these sixeteene hundreth yeares by the nations people and Princes above written in the decision of causes and judging of sea-faring controversies that fragment of the Rhodian law extant and Latinized by Simon Shardius intituled by him Leges navales Rhodiorum selectae Leges Rhodiorum with the interpretations and commentations devised thereupon by the old Romane Iurisconsults insert in the Pandects together with the constitutions made by the Romane Emperours contained in the Cod. and Novells at large as it were by common consent of Nations obtaines the prerogative throughout all Europe as in Great Brittaine Germany France Italy and Spaine Such is the force and authority of the Civill Roman Law amongst all Nations Christian. In which Countries albeit there hath bin and yet remaines a great number of professors and doctors of the Roman civill law who have written largely thereupon yet few or none hath taken in hand to write pertinently or expresly upon the lawes concerning sea-faring the traffique on sea and by sea with the duties requisite of every sea-faring person of all sorts and degrees It is true that Iulius Ferrettus in his observant devoir to the Emperour Charls the fift prepared a discourse for the addressing of Navies with convenient and expert Governours and all sort of necessaries for hostility on the sea intituled de iure re nautica but farre off from our present Argument as may bee seene by the same of late published Anno 1579. and dedicated to Philip Charles his sonne by Exuperantius Ferrettus sonne also to the said Iulius Petrus Pekkius also a Fleming Zelander hath learnedly commented upon the titles of the civill law touching the sea-lawes but more busied about the exposition of words then of the matter Likewise Benvenutus Straccha in his large booke de mercatura interlaceth a learned title de nautis navibus navigationibus but commeth not close to this our argument for he holds straightly within the compasse of the civill law protesting also his pretermissions and remissions of many chiefe matters to certaine Doctors who also writes but obiter of the sea matters and
AN ABRIDGEMENT of all SEA-LAVVES Gathered forth of all Writings and Monuments which are to be found among any people or Nation upon the coasts of the great Ocean and Mediterranean Sea And specially ordered and disposed for the use and benefit of all benevolent Sea-farers within his Majesties Dominions of Great Brittain Ireland and the adjacent Isles thereof By WILLIAM WELVVOD professor of the Civill Law LONDON Printed by the Assignes of Ioane Man and Benjamin Fisher 1636. TO THE HIGH AND mighty Prince Iames King of Great Brittaine France and Ireland c. IT pleased your M. some yeers past most graciously to accept of this birth in the great weakenesse and in fancie thereof Therefore is it that now being strong and by all warrants inarmed it most thankefully returnes offering service to your M. even for all the coasts of your Highnesse dominions upon hope to merit your former grace Your M. most humble subject and daily orator W. Welwod To the right Honourable LUDOVICK Duke of Lenox his Grace c. Henry Earle of North-hampton c. and Charles Earle of Notingham c. Lords Admiralls of England and Ireland of Scotland and the Iles and of the Cinque Ports HAving intended a painefull new labour upon a rare and necessary argument as for al Sea-farers so also properly pertaining to your Honours my most noble Lords I could not but of due salute your Honours as the keepers of Sea-lawes for a refreshing remembrance and needfull consideration of that most honourable estate and high office presently and I hope happily allotted unto you I meane the Admiraltie of his M. dominions a charge both ancient from many hundreth yeeres in this I le and most honourable by the personages your predecessors bearing the same as being all either sonnes brothers uncles or cousins to Princes or at least for action most famous With all the which that your Honours may the better ranke and match surely as the condition of these daies craves so the best disposed wish that as you be every other way Noble your nobility may be crownd with a carefull attention to the speciall parts of the Admiraltie requiring the same to a memoriall surpassing all ancesters I meane the conservacy jurisdiction and priviledges thereof The jurisdiction albeit it bee most faithfully and diligently exercised and namely in England by Sir Daniel Dunn and Doctor Trevor most learned sincere and worthy collegues Iudges in the high court there yet the daily thwarting and curbing of the processe of the Iudicature urges a clearing or designing of the limits and marches to a better distinguishing thereof from all other jurisdictions ordinary without which due justice can neither be administred concerning the sea customes of which no court else can take knowledge for strangers traffiquing here importing no small staine to the King his justice nor yet for his M. lieges traffiquers on sea whose contracts and charter-parties ordinarily beare the clause of ruling by law of Oleroâ— a forraine law as all the other lawes of the Admirall court commonly are whereof no other Iudicature here can take cognissance To end this point Beside that which God in the heavens requires of the ministers of justice please you to remember that here below amongst men Nihil justitia popularius Consequently therefore the priviledges due for the maintenance of the Admiraltie and jurisdiction thereof would be vindicat from all sort of encroching and usurping But above all the conservacie as the chiefe point of that office requires security and safety in common for all loyall subjects traders on Sea specially for Fishers and others happily disposed to adventure and exercise the trade of fishing to the end that not onely a peaceable but also a full and plentifull fishing may bee enjoyed by the inhabitants of his M. kingdomes even according to that which God so freely and bountifully offers into their very doors For which cause the barbarity of the Ilanders would be repressed and strangers stayed from scarring scattring and breaking the shoals of our fishes namely upon our coasts of Scotland There could be no better employment for some at least of his M. shippes and companies Ne vel illi usquâ— turbent aut isti intercipiant quod nos capere oportet But I breake from this purpose remitting the same to the 27 Title of this booke hoping for a comfortable out-bearing and maintaining of that necessary and great dignity of the Admiralty by your LL. according to all the occasions of these quarrelsome times And so I rest by this present token devote to serve your Honours in my calling William Welwod The Contents THe Prohem containing the origin of the Sea-law page 1 1 The order of this Treatise 22 2 Of the Iudge ordinary in Sea-faring causes with his Iurisdiction and priviledgeâ— 26 3 Of the Admirall Clerke 45 4 Of the Advocates and other officers assistants for the speedier proceeding 49 5 Of the manner of proceeding in Seafaring causes 52 6 Of persons ordinary in ships 64 7 Of fraughting of ships 71 8 Of the Master of the ship his power and duty ouer the ship 83 9 Of the Master his duty to the Merchant and passenger and of his priviledges 90 10 Of the Masters duty to the Mariners 99 11 Of the duties and priviledges of Mariners 103 12 Of the Clerke of a ship 113 13 Of a Pilot or Steirsman 116 14 Of money bent to Sea or upon the Sea 119 15 Of the outreaders or furnishers the hyrers and owners of ships and of actions for them and against them 124 16 Of sundry partners of ships and their discords 130 17 Of casting of goods and contribution therefore 136 18 Of contribution for Pirats 142 19 Of contribution for spoyled goods 144 20 Of contribution for disburdening of ships for their easier entry to the port and other chances â—45 21 Of the common manner of contribution and execution thereof 152 22 Of priviledged ships 156 23 Of shipwracke 161 24 Of things found on the Sea or within the floud-marke 168 25 Of things taken upon Sea 175 26 Of Fishers fishing and traffiquers therewith 187 27 Of the community and propriety of Seas 200 28 Of war-ships and of the Captaines and company thereof 237 29 Of Ferryers and Watermen 243 30 Of Shipwrights 248 The Proheme containing the Origine of the Sea-law with the occasion of this Treatise COncerning the Argument of Sea-faring governement so farre as by any monumeÌ„ts can be observed our beginning must be at the inhabitants of the Iland called Rhode situate within the Mediterranean Sea in the part thereof called the Carpath sea upon the coast of Asia minor over against Caria The indwellers whereof amongst all other people we can reade of were most famous for shipping and Sayling and that not onely to the great increase of their power and wealth every way as by which they did command and daunt all other people about their coasts and seas in such manner that neither Pirat nor any sort
if no man claime the finder to keepe it to himselfe if he be poore But according to the old Rhodian law whether the finder be rich or poore he may claime or rather retaine the fift part for the safe keeping If a Douker finde drowned goods upon eight cubits deepe hee gaines the third part and if on fifteene cubits then he obtaines the halfe but upon one cubite onely the tenth part Yet if the finder be rich and hath found goods by chance hee should rather give it to the Church or poore as some say But now-adayes this goeth farre otherwise first because persons endued with the superiority or signiory of any part of the Sea-coast do claime all or a part of these things whether cast forth of ships or otherwise comming upon their land which otherwise before was allowed to the finder Even so when shippes or boats were found on the sea or at the coast thereof without any living creature therin and no man claiming the same for the space of a yeere and a day then was the halfe allowed to the finder and the remanent to the Prince as a derelict but since the erection and constitution of Admiralls this kinde of found goods are diversly parâ—ed for in France the King draweth a third the Admirall a third and the finder a third And of old in England although such things were divided twixt the Admirall and the finder yet now they are left to the arbitrement of both Admirals in England and Scotland to consider the finder or taker with a condigne portion for his travels charges and hazard in all circumstances even with the halfe at least according to that which Tryphonius sets downe concerning things found on land Yet if the finder conceale such goods whether anchors timber jewels dead-men with money or jewels about them c. he not onely loseth his just part but may be also fined at the will of the Admirall And thus farre concerning things found by the labour and travels of men If Whales great grosse fishes ships or boats without any living in them by force of winde and waves onely be driven to any coast or land then all and whole appertaines to the Admirall and so generally all casualties whatsoever TIT. XXV Of things taken upon Sea NOw followeth to treat of goods taken upon Sea which are of three sorts for either they are taken from Pirats and sea-thiefes or from professed enemies in lawfull warfare or from such as not professing open warre allowes taking reft to be exercised against us Which kinde of taking is covered with the title of letters of Marque called Ius represaliarum And first touching that which is taken from Pirats sith the goods which they have wrongfully taken from others whether they be found in their owne or in their successors possession are esteemed to bee a just prey to any taker so that account be made thereof to the Admirall in case the taker finde the goods of his country man or friend with the Pirat hee should make the same forth-comming to the just owner claiming the same his cost charges and hazard being alwaies considered and allowed so that if any man buy or redeeme his neighbours ship from a Pirat or enemy hee must receive the price thereof from the owner But if no man claime the goods taken from a Pirat then should the same be delivered to the Admirall who ought to consider the taker with his due part thereof If a ship or goods be taken by a professed enemy who hath not brought it in praesidia vel locum tutum for the making of a prescription or a right and afterward the same is taken back and recovered by any friend and the just owner claime the same it ought to be restored to the owner for that by the law Huiusmodi res non tam capta quà m recepta intelligitur But when such goods become a just and lawfull prize to the taker then should the Admirall have a tenth part for so of old the tenth part of lawfull spoile was offered to God in a manner as we may learne by that which Abraham returning from victory over five Kings offered to Melchisedeck and the remnant of the spoile should be proportionally divided amongst the takers according to the law of God set downe by Moses and practised by King David and yet not onely amongst severall persons according to every man his proved travell and hazard So that the ship that sets no saile fights not nor hazards not with the rest should have no part with the rest thereof Provided alwaies that first and formost the prisoners captives and taken goods of preyes be in due time presented to the Captaine to be disposed by the Admirall so that if any man breake bulk meddle or dispose of any of those goods before he may be punished and the receiver or buyer prisoned untill caution bee found that these goods shall be forth-comming to the Admirall and just owner according to a decision past betwixt the King of Scotland and Maubray Anno 1487. 17. Iunij If two forraine Nations be at warre and the one take a shippe from the other and bring her into a Port or road within the bounds of a neutrall Nation alike friend to both then may the Admirall of that neutrall Nation ordaine that ship so taken and brought within the said bounds to be restored to her owner and the persons captives to their former liberty even as if she had beene brought backe to her owne Port and Countrey againe Besides that generally in all cases the action and cause of liberty as priviledged should be favourably considered and it is the honourable practice of Princes to make their Countreyes an Asylum or sanctuary to all distressed strangers that bee not Pirats Lastly concerning letters of Merque as we speake or droict de Merque as Frenchmen tearme it sive ius represaliarum and goods and things taken under that title upon sea surely as farre as we may we should prease to keepe Gods law set downe by Moses practised by King Amasia and confirmed by the Prophets that the father should not be punished for the sonne nor the sonne for the father but a difference to be alwaies put betwixt the guilty and the innocent Which thing moved Emperours to make constitutions for the repressing of represalies in certaine respects Notwithstanding if our patience be so oppressed with the increase of robberies spoyles and violence upon sea by men falsely professing friends in such sort that upon no supplication intercession nor other travels the Princes of these wrongfull Nations who onely can and should represse and redresse will doe justice or neglect to doe their office then because such a dealing imports a iust cause of lawfull hostility and warfare I see not but that such a calamity may and ought to be
repressed at least by these represalies and letters of Merque specially sith that cause in effect resembles a warre denounced without solemnities of clarigation And therefore both according to the lawes of England letters of Merque are allowable and according to the old custome of Scotland and the tenor of the Act of Parliament made by Iames the first of Scotland concerning shipwracke to be followed for a rule to such cursed cases that is to say that other Nations should have the like favour of us that they shew to us Now being agreed that letters of Merque are lawfull as they are by statutes customes and reason specially upon a matter of great importance and after a due warning intimation and one requisition so that it be done by the Prince and solemnly then what goods happen to be taken by that meanes should bee brought and presented as aforesaid before the Admirall that a just Inventary may be taken thereof for divers good respects TIT. XXVI Of Fishers fishing and traffiquers therewith ALbeit hunting hawking and fishing be of one kinde as subject to a like law and liberty because what wilde beast fowle or fish be once taken by any man commonly it becommeth his owne proper by the lawes of Nations yet is there a difference twixt these three for albeit hunting and hawking be almost every where lawfull yet fishing is forbidden in other mens ponds stanks and lakes as comparable with theâ—t Yea now a-daies in rivers and in parts of the Seas neerest to the possessions of men having grant and infeftment from the King may fishing be forbidden but no private man without the grant of the Prince upon any pretence or allegation of long consuetude and prescription may acquire the propriety of any such part of the sea as to prohibite others to fish there also for such prescriptions onely pertaine to Princes To returne to the quality of fishing sith it is not onely allowable to all sorts of persons but also commendable and alwaies to be preferred to all other trades and traffiques upon sea not onely for necessaries but also for the great good and profit redounding thereby all ciuill and vertuous Princes have diversly forthshowne their care for the entertaining and advancing thereof as by ordinances to build shippes and boats to that purpose and by their wise appointing of certaine onely times for the fishing as namely of Salmon under paines not onely of Fynes but also of forfeitures and of death according to the manner of the offence and contempt of their decrees and statutes Which Princes also for the increase of fishes have as it were with common consent forbidden the making setting and using of crowes yarrs dammes fosses tramelets parkings dyking and herrywaters in any waters where the sea ebbes and flowes under paine of confiscation of all the goods of the transgressors in Scotland Yea albeit that any man were of old infefted with keeping of crwiffes weares and kiddles c. yet must he keepe the Saturdaies slop that is to lift the same from Saturday at after-noone till Monday and also to make each heck or mesh of his crwiffe three inches wide except for taking of smelts loches and such like that will neuer be bigger as also for to set the same upon the waters that the mid-streame may have the iust space of sixe foot wide under the paine of five pound And thus farre concerning the maintenance and increase of fishes by our Scottish lawes and custome It followeth to set downe concerning the Fishers their safety and priviledges Wherin it is provided first that all Shippes sayling into the parts where Herring are taken at least during the taking thereof shall let downe â—aile after day light past let their Anchor fall and keepe watch with Lanterne and light untill day light appeare again lest otherwise the poor Fishers should be over-run or their nets broken their paine in Denmarke is death to the transgressors and the Fishers are likewise forbidden to use light in their fishing by night lest they deceive saylers with the false shew of a port Likewise lest any of the Fishers harme or hurt one another it is diversly provided as also coÌ„cerning the right measure of their nets in length in bredth as may be seen by the Statutes of sundry nations Vid statuta Angliae And specially therfore it is agreed of long time sithence by the Sea-farers on the Forth of Scotland first that no ground-draffe or drag-net be set before March nor upon deeper water then fourteene fathome Item that none shall lye to their neighbours when he shall be asked concerning the length and depth of his tewe when he is in driving neither yet wittingly and wilfully to suffer his tewes and nets to flit and runne over one another under the paine of ten pound for every transgression of the premised articles Item above all that from the Sun-set on Sonday no man lay nor hale nets or great lines or exercise any labour under the foresaid paine Item for the further incouraging of Fishers in the West and North Isles of Scotland there is a Statute that no other customes be sought of the Fishers in the said Iâ—es but only the Kings customes under the paines due to manifest oppressors against them who exact the same Lastly concerning Fishers and traffiquers with fishes it is ordained that not onely all fish slaine and taken neere to the coast of Scotland be brought and presented to the market places where the takers or slayers thereof dwell but also all fishes taken in the North and West Isles or Firths to be brought directly to the townes where the Fishers dwell that the need of the countrey may be first served and presented to the market places from which none may carry them away to packe and peil but onely betwixt the houres of eleven and two in the afternoone under the paine of confiscation In which markets it is lawfull to the Provost Bailâ—ffes to set downe prices and to compell the packer and peiler to sell againe for the need of the Lieges Which being done they may transport the remainder where they please And in case they contemne then their fishes to be eschete two parts to the King and the third to the Magistrate Likewise concerning the barrelling of fishes it is ordained that the measures prescribed of old shall be kept videlicet each barrell of Herring or of white fish to be of twelve galons and the barrell of Salmon of fourteene galons according to the measure of Hamburg under the paines of escheting there of from the paâ—ker and of five pound to be lifted from the Couper And therefore hoop irons to be made in each towne for the tryall and gaging thereof Vid. statuta Angliae Tit. of fishing in the Abridgements TIT. XXVII Of the Community and Propriety of the Seas HAving of late seene
the Captaines Commanders Companies of the Prince his warfare-ships the graces vertues required in them with their duties power and preferment Captaines of Princes warfare-shippes should be men first fearing God because they must continually walke in the midst of the wondrous workes of God Next they should be stout hardy and couragious Thirdly vigilant diligent and carefull and therefore very temperate on Sea specially because their imployment as it is full of hazard and danger even so are their occasions and opportunities sudden and momentanie Therefore their commandement and power over their company not onely surpasseth the power of Masters and Commanders of private shippes but also that of the Captaines on land and therefore their honour and estimation every way higher also because of their greater charge care and hazard Their duty toward their company is first that they chuse such as bee free from hainous and scandalous offences Next that they suffer none of their company to bee idle but to punish as well the sluggard as the rebellious yea even those who are irreverent towards them and againe should with all loving care see to the due food of their company heare their mutuall plaints hold them in peace by all obedience visit refresh and with all helpes comfort the hurt and diseased As for the Captaines their other duties to the Prince and Admirall with their owne priviledges they are all gathered out of old customes and at large set downe in that Booke called L' Admirall de France TIT. XXIX Of Watermen and Ferriers FErryers and Watermen are bound to serve all true Lieges for their due fare so that they may be compelled thereunto and most justly because it was in their owne hand and power from the beginning to give and apply themselves to that calling and trade or not And if therefore they faile it shall be according to the law of Scotland a point of dittay or inditement against them in the first Iustice-court and if they transgresse unto the third time they may be suspended from their trade except they can alleadge a just cause as of feud or hostility Item it is ordained for the easier boating and landing of men and beasts that Ferriers make and have ready fit and convenient bridges or else to lose their Boats Lastly Ferriers and Watermen are no lesse bound than Skippers and Masters of shippes to render againe what-ever they receive to bee carried within their Boats But concerning their ordinary fares and hires it is neither needfull nor expedient in this place to recite the divers statutes made thereupon because that first they are at great length set downe in the Statutes of England and Scotland next because their fraughts have beene according to the rate of times changed and altered even to the triple as specially in Scotland So that now also according to the condition of this time their portage fraughts or fare may be of new considered by his Majestie or Admiralls according to the quality of the boats and the space of passage and time either shorter longer or hazardfuller during their service but with a due Proviso for the repressing of their rude and uncivill manners For truely if the Roman Iurisconsults might of old by any reason call Mariners in generall Pessimum genus hominum which in these latter dayes for the most part is amended partly through Christianity and civill conversation partly by good lawes praise be to God then may wee now use that same still at least against the most part of Watermen and Ferriers as requiring to be reformed or at least by correction repressed TIT. XXX Of Shipwrights TO conclude this Treatise there remaineth a speciall sort of persons to be considered and respected as the forgers and framers of the instrumentall causes of all Sea-faring to wit Shippe-wrights and builders of Ships or Boats called by the Romans imitating the Grecians Naupegi and by the Italians following the latter Grecians Calafatti as is above described and therefore subject to the jurisdiction of the Admiralty as accountable to the Admirall and his Iudges as accessories of sea causes for their skill diligence and dutifull discharge in every respect by a frame not onely likely comely but a worke also strong ticht and durable or else they must undergoe the pains of the law called Lex Aquilia that is to say all costs and scath happening by their unskilfulnesse negligence or what-ever other fault or amisse And therefore first touching the materials they should not onely furnish the same good and sufficient but also if the furniture pertain not to them they must refuse to take from the furnishers bad and vnmeet geare and stuffe for the worke As for example Aller Beech trees and such like brickle and naughty timber for salt-water or for the seas Neither should they put greene timber in worke but ought to fore-see if they can that their wood be cut downe either at the wane of the Moone and in the deepe of Winter or at such time as experience declares wood to be most solide and durable For timber cut at the contrary times is commonly full of moysture and therefore being afterward dryed becomes clung and open to receive water The like care and skill is required in the iron and all other necessaries to the end that the workes may prove strong durable right and comely This being done it resteth to consider their hires and fees which because they ordinarily depend on the conditions agreed upon with the party which also commonly is cavelled withall before a full performance of their worke upon surmises and quarrels therefore to occurre to all such doubts and discords the contracts of such bargaines should be after the example of other seafaring dealings made before the Admiralls deputy or Iudge and registred in their bookes Last of all as Shippe-wrights were of old so are they also of late forbidden under paine of treason to communicate their skill and Art to enemies and barbarous people Likewise they are forbidden as are also all other societies of handy-crafts-men and trades-men to conspire among themselves to enhance their wages or hire or to receive excessive wages FINIS a Gellius lib. 7. Cap. 3. b Strab. geogr. lib. 12. cap. 14. c Ibid. d Vide Il. Rhodior in prin e L. deprecatio ad L. Rhod. eâ— c. rhodiae leges distinct 2. f L. 1. sect licet de exerc act g Suetâ— ca. 218. h De situ orbis i Lib. 7. natur histor vide â—zechiam c. 27. k Dotimus in lib. suo legoli l Vide act par lia Scot. m Vide statut Ang. a L. 1. de exercit act b L. 1. ad l. Rhod. a Livius lib. â— b L. Seius Saturninus ad S. C. trebell c Vide fragmenta ascripta Polybio d Vide Alberic ad novell 17. 24. e L. Ã proconsulibus C.