resist may happen to be slain yet the fault will lie at their own doors for hindering the execution of right and that which the Law most justly approves of XIX This right of changing of Dominion is so odious that in the taking of Goods if by any possibility the right Owners may have restitution the same has been done and though a larger then 24 hours may happen between the capture and recapture and so may pernoctare with the Captor yet restitution may be made And therefore if he who hath Letters of Mark or Reprisal takes the Ships and Goods of that Nation against whom the same are awarded and brings the same into a Neuter Nation the Owners may there seize her or there the Admiral may make restitution by Law as well the Ship 's Goods to the Owners as the Persons captives to their former liberty for that the same ought first to have been brought infra Praesidia of that Prince or State by whose Subjects the same was taken And wth this agrees the Common Law for a Dunkirker having taken a French Vessel sold the same at Weymouth whether it had been driven before it was brought infra Praesidia Dom. Regis Hisp. it was in such case rul'd that if a Ship be taken by Piracy or Letters of Mark and Reprisal and is not brought infra Praesidia of that Prince or State by whose Subject the same was taken the same could not become lawful prise nor were the Owners by such a caption divested of their property But if the Caption be Ships of War the property will be immediately in the Captors and never divested unless afterwards vis manu forti be in Battle regained XX. Upon the sharing the Spoil of the captivated Ships regard is had to the Ships present not the Captors only for his reward must be the encouragement of his Prince like the Roman Coronas of which there were various according to the atchievement of the Conqueror in imitation of which our Soveraign in his Royal encouraging Medals follows the example to his deserving Commanders as so many Ensigns to enflame Noble Souls to the performing Acts of Glory and Renown I say the profits of Prises are to be equally divided amongst the Ships present and not solely to the Captor for if Letters of Reprisal are granted to two Ships and they happen both of them at Sea to meet a prise and the one attaques and enters her by means of which she becomes absolute the Conquerors yet the other hath right to an equal distribution with the Captor both in Ship and Goods although he did nothing in the Conquest the reason is for although he mist the opportunity of taking her yet the presence of his Vessel armed and prepared for Battle at the time of taking became a terrour to the Ship that was so conquered And by the Law presumed siue ejus that the other Ship would not or could be so taken which Law hath passed the current and approbation of the Common Law as reasonable just and equitable and may be pretended or surmised to entitle the party Captor to the making restitution of a moyety to his Companion then present But if it should so happen that those to whom Letters of Mark are granted should instead of taking the Ships and Goods of that Nation against whom the same were awarded take or spoil the Goods of another Nation in amity this would amount to a down-right Piracy And the Persons offenders should for such fault create a forfeiture of their Vessel and the Owners must be for ever concluded by the same notwithstanding such Commission XXI Therefore Letters of Mark or Reprisal issue not without good and sufficient caution first given for the due observance thereof according to Law the transgression of which creates a forfeiture of the same And therefore having taken a prise and brought the same intra Praesidia the Captor must exhibite all the Ship Papers and captived Marriners to be examined in order to adjudication till when Bulck ought not to be broken without Commission nor may the Captain of the Captor suffer an imbezlement of the lading or sell Barter or dispose of any part without Commission for the King hath a proportion in all prises Such Goods so brought in are not subject to pay Customs XXII By the Law of Nations ipso facto the Dominion of the things taken by those to whom Letters of Mark are granted become the captors till the debt and costs that is the original dammage and subsequent charges are satisfied which being done the residue ought to be restored So the Venetians used their equity having taken the Ships of Genoa did not spoil any of the lading but preserved the same very carefully till the debt being pay'd which done restitution was made of the things entirely without diminution XXIII When for the fault perhaps of a few a debt becomes National by reason of which the Goods of the Innocent become lyable if taken for satisfaction whether by the Law of England the Party ought to have Contribution most certain by the Common Law where more are bound to one thing and yet one is put to the whole burden the Party may have process called Contributione facienda for his releif but when a debt becomes universal or National it seems otherwise For if one lends my Country mony I will not call my self debtor yet I will pay my share so it may seem equitable by the Laws of Charity though not compellable by the Laws of the Land XXIV Yet when depradations have happened to Forraign Merchants and complaint hath been made the Kings of England have often issued forth Commissions to enquire of the same and so it was done upon the Petition of some Merchants of Genoa who complain'd against the Inhabitants of the Isle of Garnsey for a depradation in taking away and detaining their Merchandize and Goods to the value of many thousands of pounds out of a Ship wracked by tempest near that Isle by which the Commissioners were impowr'd to punish the offenders and to make restitution satisfaction for the dammages The like complaint was made by the Merchants of the Duke of Britain of certain depradations committed by the Subjects of the King of England who issued forth the like Commission and to give them reparation and damages for the same so that if the Subjects of the King of England have had their Goods by way of Reprise for the satisfaction of such debt or dammage they may have the benefit of the like Commissions to lick themselves whole out of the estates of the offenders CHAP. III. Of Privateers or Capers I. Of Privateers whether allowable by the Laws of Nature II Of permission of such by the Laws of Nations III. The occasion of their first Institution IV. Whether it be lawful to undertake such an Employment V. Of Commissions generall to endamage an Enemy VI. Of Commissions special and
there is no Nation in the World more tender and jealous of their honour then the English so none more impatiently tollerate the diminution thereof Hence it was that in all Treaties before almost any thing other was assertained the Dominion of the Sea and stricking the Top-fail was alwaies first provided for In the Year 1653 after the Dutch had measured the length of their Swords with those of this Nation and being sensible of the odds and having by their four Embassadours most humbly besought Peace this very Duty of the Flagg was demanded by the 15th Article in these words That the Ships and Uessels of the said United Provinces as well Men of War as others he they in single Ships or in Fleets meeting at Sea with any of the Ships of this State of England or in their service and wearing the Flagg shall strike the Flagg and lower their Top-sail untill they be passed by and shall likewise submit themselves to be visited if thereto required and perform all other respects due to the said Common Wealth of England to whom the Dominion and Soveraignty of the British Seas belong This was so peremptorily demanded that without the solemn acknowledging of the Soveraignty over the British Seas there was no Peace to be had that as to the acknowledging of the Soveraignty and the Flag they were willing to continue the Antient Custom but that of Visiting was somewhat hard 't is true the latter Clause was by the Usurper waved for reasons standing with his private interest but the first was made absolute by the 13 Article between Him and that Republique and from thence it was transcribed to the 10 Article at White-Hall and afterwards into the 19 Article at Breda and from thence into the 6th Article made last at Westm. and that Clause of searching of each others Ships made reciprocate by the 5 Article made in the Marine Treaty at London but that extends not to Ships of War but only the Ships of Subjects X. By the British Seas in the Article about the Flagg are meant the four Seas and not the Channel only for in the 16 Article they did express what was meant by the British Seas That the Inhabitants and Subjects of the United Provinces map with their Ships and Uessels furnished as Merchant Men fréely use their Navigation sail pass and repass in the Seas of Great Britain and Ireland and the Isles within the same commonly called the British Seas without any wrong or injury to be offered them by the Ships or People of this Common-wealth but on the contrary shall be treated with all love and Friendly offices and may likewise with their Men of War not excéeding such a number as shall be agréed upon sail pass and repass through the said Seas to and from the Countries and Ports beyond them but in case the said States General shall have occasion to pass through the said Seas with a greater number of Men of War they shall give thrée Months notice of their intention to the Common-wealth and obtain their consent for the passing of such a Fléet for preventing of Iealousy and misunderstanding betwixt the States by means thereof The first part of this Article doth plainly set out the extent of the British Seas and that it is not the bare Channel alone that comprehends the same but the four Seas and the same is further explained in the Great Case of Constables where the Dominion of the Queen before the union as to the Seas did extend midway between England and Spain but entirely between England and France for the French never had any right or claim to the British Seas for in the Wars between Edward the First and Philip the Fair all Commerce on both sides being agreed to be free so that to all Merchants whatsoever there should be induciae which were called sufferantia Guerrae and Judges on both sides were appointed to take cognizance of all things done against these Truces and should exercise Judicium secundum Legem Mercatoriam formam sufferantiae it was contained in the first provision of that League that they should defend each others Rights against all others this afterwards occasioned the introducing that Judgement in the same Kings time before those Judges chosen by both the said Princes by the Proctors of the Prelates Nobility and High Admiral of England and all the Cities Towns and Subjects of England c. unto which were joyned the suffrages of the most Maritime Nations as Genoa Catalonia Spain Almain Zeland Holland Freisland Denmark and Norway and divers other Subjects of the Roman Empire against Reginer Grimbald then Admiral of France for that there being Wars between Philip King of France and Guy Earl of Flanders he had taken Merchants upon those Seas in their Voyage to Flanders and despoiled them of their Goods whereas the Kings of England and their Predecessors as they all joyntly do declare and affirm without all controversy beyond the memory of Man have had the Supream Government of the English Seas and the Islands thereof Praesâ—…ribendo scilicet Leges Statuta atque interdicta armorum naviumque alio ac Mercatoriis armamentis instructarum causationes exigendo tutelam praebendo ubicunque opus esset atque alio constituendo quaecunque fuerint necessaria ad pacem jus equitatem conservandam inter omnimodas vates tam exteras quam in Imperio Anglicano comprehensas quae per illud transierint supremam iisdem item fuisse atque esse tutelam merum mixtum Imperium in juredicendo secundam dictas Leges Statuta praescripta interdicta aliisque in rebus quae ad summum Imperium attine in locis adjudicatis By which memorable Record it apparently shewes that the Kings of England have hand istud regimen dominium exclusive of the King of France bordering upon the same Seas and of all other Kings and Princes whatsoever and it was there adjudged that Grimbalds Patent was an usurpation on the King of England's Dominion and he adjudged to make satisfaction or if he proved unable then the King his Master should and that after satisfaction he rendred to punishment And as to the second part of the Articles of giving notice it was but an Act of Common prudence their late unexpected visit which they then gave put the English to some surprise but they facing the Battavian soon made them know that they were as capable of beating them home as they were then daring in coming out and were not to be braved out of a Dominion and Right which their Ancestors had with so much glory acquired and asserted XI By the Article of the Offensive and Defensive League between France and the United Provinces it was agreed That if at any time the Dutch Fleet which were to scoure the French Coasts in the Mediterranean from Pyrats should at any time meet the French the Admiral of the Dutch was to strike his
charged and of all other that may renew in my minde and in shall for nothing lette that is for to say for franchise Lordship Kinreden aliance Freindship Love hatred Envye Enemitee for dred of lost of Goodnee for none other case that I shall soe doe the Kings Counseils my fellows mine owne will and truly hele what oute fraude or malengyn so God me help at the holydome and by this Book VIII And as the enquiry was strict so was the punishment very great Item qui fugiet a Domino vel Socio suo pro timiditate belli vel mortis in conductione Heretochii sui in expeditione navali vel terrestri perdat omne quod suum est suam ipsius vitam manus mittat Dominus ad terram quam ei antea dederat IX If such Persons shall so desert the service it hath been a question whether a private Person under the same obedience meeting with such a deserter might not put him to death it hath been conceived that he might and the Act is lawful and the party that slayes him hath a true right before God as impunity before Men But that is to be understood partly by the words and partly by the letter of the Law for if the Law gives indulgence to passion it takes away humane punishment and not the fault as in case a Husband kills an adulterous Wife or the adulterer in the act most certain it is a provocation in the highest nature and will justify the slayer But if the Law respect the danger of future evill by delay of punishment it is conceived to grant right and publique power to a private Man so that he is not then in the capacity of a private Man And upon that very reason Queen Elizabeth deny'd the constituting of a Constable for the Tryal of Sir Francis Drake who struck off the head of Doughty in partibus transmarinis X. Hence it is that every Man hath a licence given him to oppose force against plundering and pillaging Souldiers and the next the subsequent Law about deserters saith Let all Men know they have a power given them against publique robbers and desertors that run from their Colours and all are Ministers of revenge for the quiet of all to this purpose is that of Tertullian Against traitors or publique enemies every Man is a Souldier and herein differs the right of killing of exiles and Outlaws or those whom they call Bannitoes from those kind of Laws because there proceeds a special Sentence the Judgement of Banishment or Outlawry being promulgated but here a generall Edict the fact being evident obtains the force of a Judgement or Sentence pronounced the Judgement of the latter must be according to the Civil Law which yet remains still in force as to the Tryal of such deserters by which impunity for such killing seems allow'd off at this day by that Law CHAP. VII Of Dominion established by Creaties of Alliance equal I. Of Treaties by interview of Princes and where generally held II. Of Princes equal the honour pay'd by him in possession to him that comes to the Treaty III. Of Treaties by Princes unequal IV. Princes where oblidged to treat personally and where not V. Deputies their demeanor considered generally at Treaties VI Of the nature of Treaties generally and their ends and where they determine by the death or dispossession of a Prince and where not VII Of Treaties in reference to matters particular and of the nature of Leagues offensive and to what end VIII Of the causes ordinary procuring such Leagues IX Of Leagues tending to the procuring of general Peace and Warranty X. Of Leagues defensive and of their end together with considerations on the Persons with whom they are made XI Of accidents not provided for in the League how far in honour to be comply'd with XII Of Contribution the difficulty in regulating the same to the satisfaction of the parties interessed XIII Of Leagues concluded by Deputies and of the Ratifying the same XIV Of the causes extraordinary that tend to the breach of Leagues XV. Of the causes ordinary that give occasion for rupture of the same and from whence they proceed XVI Of the obligations on Confederates as in reference to mutual succours XVII Of Aide granted to particulars and common Allies when invaded by another Ally and of protection granted when a people are oppressed whether aide to such may stand with the League XVIII Whether the Oath taken for the performance of such a League is personal or binds the Successor and the general rule in construing of the same XIX Of Leagues made with Princes though driven out of their Country when the same are good I. TReaties are acted either by the interview of Princes or by Persons sufficiently Commissionate for that purpose Those that are by interview have been often disapproved though often practised but that depends rather of the Estate of affairs and the conformity and diversity of honours and manner of living of the Princes and their People then of the interview that of Lewis the 11th with Duke Charles of Burgundy and with the same King with Edward the 4th of England past fairly and in all such Treaties they govern themselves as in reference to their supplies according to the confidence which they repose in each other Places Neuter belonging to some Common Friend or or some Frontiere or Islands are generally appointed for the same together with what numbers or forces they are to be accompanied II. But if of two Princes the one goes home unto the other he is bound to do him the honour of his House And if the Prince be inferiour unto him he commonly snds forth some of Principal Officers of his Court to receive him but if he be his equal in Quality as being both Kings although there be some debate betwixt him for precedence if he comes first to the Place where the Treaty is to be made he must go in person and not by proxy In the interview that was between Lewis the 12th and Ferdinand of Arragon at Savona which then belonged unto the French King Lewis the 12th at the approach of Ferdinands Gally before he could land entered into it accompanied only with his Guard to testify his confidence and thereby to assure King Ferdinand of that which he had promised he should find in him and at their going to Land King Lewis left the Right hand to Ferdinand who lodged in the Castle as the most Honourable place and himself went to the Bishoprick III. By the Laws of Treaties when two Princes unequal in Quality partly the inferior is to come first to the place of congress there to attend the Greater IV. Ambassadors having received Orders to treat the Prince to whom such are sent are not by the Laws of Treaties bound to treat personally but only to depute some of his Councel for that effect the reason is for that the dignity of a Prince
Recovery some have held that the Defensive did not extend so far notwithstanding if there were no Treaty which had concerned this Conquest yet it would seem more reasonable to comprehend the Recovery in the defensive if it be general For as it hath for its end to preserve the Allie in his State and that to attain unto it the Forces must not only remain in the Countrey of the Allie to attend the Enemy but after denunciation and other acts of hostility done by the Enemy they must enter into his Country to the end to prevent him or divert him from attempting any thing against the Allie The Offensive being judged by the aggression â—…and not by that which follows by a stronger reason they ought to enter into the Countrey conquered from the Allie for the recovery thereof but excuses in this kind proceed from those who fail in their faith courage or means to recover Contribution is one of the main ingredients in a League and is of great difficulty to regulate It is made either in Men or Money the Men are entertained by all Parties or by him only that hath need or otherwise as the League is Henry the 8th made a League with Francis the French King against the Emperor Maximilian and Ferdinand for the Recovery of Millane which he did the protection of his Neighbours and Reduction of the Swisse from the Imperial side for which he employed the Bastard of Savoy the agreement was of reciprocal Succour of 10000 Men if the War were made by Land and of 6000 if it were made by Sea and in all other occasions the French King was bound to assist the King of England with 12000 Launces and the King of France with 10000 Foot at his charge that had need So where Contribution is concluded for Money there are difficulties that do arise from the Person or Place where it must be kept for to deliver it to the hand of the strongest is not safe for fear they shall not be able to call him to account to lay it in a weak Place were to oppose it to the attempt and force of the strongest or to him that shall first take Armes but it has been usual the summe has been advanced not till after the War begun XII Leagues concluded by the Deputies of the Confederates there sometimes falls out a Difficulty who shall ratify and declares himself first In the League which was made between Francis the first the Pope and the Princes of Italy the King refused to ratify until the Pope and Venetians had ratify'd before him and in that he so cunningly wrought that he procured the Colleagues to declare and begin the War whilst that he treated secretly for himself to the end he might make his Conditions with more advantage this he declared was for fear those Italian foxes should shew him the like XIII Leagues made for an Enterprise succeed seldom according to the hope of the Allies if the Enterprise be long for besides the preparations be long the opinions divers in the pursuit the resolutions inconstant the interests of Princes or States in a League may change with time or with the practise of him against whom they are in League in withdrawing some one of them or making him to suffer more losse then the rest for seeing himself ill defended or succoured by his Confederate and that he was in a greater danger to loose then his Companions he then studies to retire and to make his accord apart as did the Venetians with the Turks after the losse of Cypresse XIV The ordinary causes of the Rupture of Leagues are distrust jealousy as if one hath had conference with the Enemy without the consent of the rest if that which serveth for the safety of one diminish the safety of the other inconstaney variety cowardize division usurpation without the consent of the others So if he treats with the Enemy not comprehending the other Allies but as adherents as Lewis the 12th left the League of the Venetians for that they had made a Truce with him and had presumed to name him only as an Adherent by the opinion of Bryan that if all the Subjects of England would make War with a Confederate Prince or Republique in League with the King of England without the assent of the King of England that such a War was no breach of the League and upon the same reason was the resolutions of the Judges in the the Duke of Norfolk's Case where the Question was whether the Lord Herise and other Subjects of the King of Scots that without his assent had wasted and burnt divers Towns in England and proclaimed Enemies were Enemies in Law within Statut of 25 E. 3. the League being between the English and Scots and resolved they were and that the League remain'd XV. The Succours that one Confederate must afford another Confederate according to the Laws of Leagues against Confederate is of a great consequence Three Princes Allied the one makes War against the other and demands succours from the third in this case if the Treaties of Alliance be only for Friendship it is certain he is not bound to give any succours But if the Treaty carries an Offensive League he must succour the most antient allied by a precedent alliance If the precedent Alliances have been made both at one time he must succour him that is allied in all Offensive and Defensive Leagues but if the League be Offensive and Defensive of either side he ought not to succour either but he may mediate a Peace and cause the difference to be judged by the Common Allies which being propounded with a Declaration that the refuser or having once submitted will not yield to Judgment that he will succour the other as the Swede and Swiss upon severall occasions hath done notwithstanding in point of State in such occasions they usually ballance their Estate and looking more to safety then Justice they succour him who being enforc't may weaken the powerful who is more to be feared yet to unjust Wars there is no obligation then certainly he ought to be preferred who hath a just cause of War XVI By the Laws of Alliances Princes may aide particular and Common Allies if they be wronged by one of the Allies But he which is not comprehended in the Treaty of Alliance cannot be defended against him that is allied without breach of the Alliance therefore Mediation in such cases is the only hopes of ahe oppressed which not having its effect if the oppressed put themselves into the protection of the Mediator they then become in the nature of his Subjects and then that Prince is oblidged to their succour and defence even against his Allies and this is by natural right XVII By the Laws of Leagues though the Oath binds only the Person yet the Promise binds the successor for though some do hold that Leagues do depend upon the
Oath as their firmament though that is not so for the most part of the efficacy of such Leagues rests in the promise it self to which for Religion sake the Oath is added Hence it is that Promises made to a Free-People are in their nature real because the subject is a permanent matter although the State or Republique be changed into a Monarchy yet the League remains for that the body i. e. the power is still the same though the Head be changed And the Person is incerted into the agreement not that the agreement may be personal but to shew with whom it is made for if it be incerted into the League that it shall be perpetual or that it is made for the good of the Kingdom or with the Person and his Successors or for a time limited the same does most apparently demonstrate the thing to be real However in all Leagues which tend to Peace though there may remain somewhat whereby words of ambiguity may arise yet the most pious way of interpreting hath been to account the same rather real then Personal for all Leagues made for Peace or Commerce admit of a favorable construction Leagues defensive have more of favour offensive of burthen XVIII Leagues made with Princes although they happen afterwards to be driven out of their Kingdoms by their Subjects yet the League remains firm and good for the Right of the Kingdom remains with such an unfortunate Prince notwithstanding he hath lost his Kingdom on the other hand Leagues made with the Invader cannot be good for his cause being unjust is odious but if the people will make him King de facto and investe him the question is then out of all controversy for then he is become a King regnant and by the Laws of England if treason by committed against his Person and after he is beaten out and the King de Jure comes to his Crown the King de Jure may punish those Traytours with death The Earl of Warwick having raised an Army in France and Flanders invaded England and within five or six daies after his landing King Edwards Forces betraying him the Earl became Master of the Realm the King flying for protection to his Kinsman the Duke of Burgundy he kindly in his misfortunes entertained him yet while he was in this banished estate the Duke of Burgundy renewed the League with the English it being agreed that notwithstanding King Edwards misfortune the League remained firm and unviolable between the Duke Charles of Burgundy and the King and Realm of England So that for Edward they should name Henry who was newly taken out of the Tower by the Earl of Warwick at his chacing out of King Edward now the true reason that Leagues remain and are firm notwithstanding such a change is because there goes along with them a tacite condition viz. of holding their possessions and therefore the World wondred not that His late Sacred Majesty having sworn a League with the King of Spain expresly as he was King of Portugal did notwithstanding receive two Embassadors from the then new King of Portugal and that without being judged either in England or Spain to have broken his former Oath and League The Duke of Guise having formed the League against Henry the Third which was that in regard the King was so cold in the Profession of the Romish Faith that it was in danger to be extinguisht by the increase which he permitted of the Reformed Religion especially seeing Henry the Fourth then King of Navar was of that Religion and was to succeed to the Crown wherefore by the Mediation of Philip the Second of Spain the Pope qualified the Duke of Guise Head of that Catholique League and which in point of Government was to set him above the King avowed him Protector of the Catholique Faith in the Kingdom of France When Henry the Fourth succeeded the Crown then this League for security of Religion was most violent and the Spaniard without hoped by nourishing thus the division within to carry all for himself at last To avoid which gin and to answer all the King chang'd his Religion and negotiated by d'Ossat to be received by the Pope as a dutyful Son of the Church of Rome demanding absolution for what was past and making large promisses of due obedience for the time to come the King of Spains interest was that he should not be received and thereupon he endeavoured to perswade the Pope that King Henry did but dissemble with him and that under this disguise he would easiest ruine the Romish Religion notwithstanding this the Cardinal obtained his Reception Absolution and Benidiction through the many promises and presents which he made to His Holyness whereupon the Spaniards designes were in a moment all blown over from France but fell heavily upon the United Provinces which were sorely opprest for that they apprehended the loss and ruine of their Countrey and thereupon they implored assistance from King Henry who received their Ambassadours very gratiously and gave them assurance of relief The King of Spain who wanted no good intelligence in the Court of France immediately remonstrates to the Pope that his former inclinations concerning Henry's dissimulations did now appear in the face of all the World and that seeing His Holyness had been so credulous he knew not now whether they should be able to save the Catholique Faith from being subjected to the Reformed Religion or no for whereas the Hollanders had revolted from him only because he resolved to use the true means for the establishment of the Romish Faith among them and that now he was in a fair way of reducing them which conduced so much by his Holiness his opinion to the establishment of the Romish Faith Henry had taken their party against him in that work and that at Paris he had received their Ambassadors to that purpose although he knew they were his lawful Subjects c. This startled the Pope not a little who charged d'Ossat for having betrayed him and put the Church in danger this argument was as subtil on the Spaniards side as changing Religion was on King Henry's and therefore the Cardinal was not a little perplext how to answer it to the advantage of his Master as also coherently to the considerations of his former reception into the Church But at last he replyed That His Holyness needed not wonder how in reason of State those different Religions might joyn together for political ends without hazard of altering Religion Thus David sought protection of the Philistians and Abraham redeemed the sinful Sodomites That he took it to be upon the same ground that His Holyness himself not long before received a Persian Ambassador who was so far from being an Heretick that he never pretended to the Name of Christian that it was a plausible argument which the King of Spain used in complaining of Henry's receiving and avowing their Ambassador especially knowing
been denyed them notwithstanding that the Judge of the Admiralty is Judge of the Court of Assurance XIX By the making of an Office Pollicy according to the Statute these advantages will follow 1. If the Pollicy be lost if the same be entred with the Register of the Office the Entry is effectual to answer the matter both at the Common Law as well as in the same Court but a private Pollicy lost is like a Deed burnt unless that there be very strong evidence as a Copy and the like it will be of little value So that then there will remain nothing but an Equitable relief in Chancery for the satisfaction the party 2. If a man Freights out a Ship from London to Cales and assures here he may write to his Correspondent to make an assurance there of the same if the matter comes before Commissioners they may examine the Ensured upon Oath and determine therein according to Law and the Custome of Merchants But at the Common Law the same cannot be but relief must be had in that point according to Equity in Chancery 3. The same is a Court of Equity as well as a Court of Law 4. They may decree against 20 Assurors at one time but at Law they must be sued distinctly but they cannot compel the Defendants to put in Bayl. 5. They may proceed out of Term as well as in Term and if the matter will bear it they may finish a Cause in a fortnights time 6. The Judgments there given are generally upon mature deliberation and by persons well skilled in Maritime affairs and if their Sentence is thought to be unreasonable the Lord Chancellor or Lord Keeper may on Appeal determine the same CHAP. VIII Of Prisage and Butlerage I. What is Prisage where taken and of what II. Merchant Strangers exempted from the same III. When due and the exemption of the Citizens of London from the same IV. What Citizens are capable and where not V. A Forraigner imports and makes a Citizen Executor and dyes whether he shall have the benefit of the Immunity VI. Where a Forraigner sells to a Citizen before but he broken the Vendee shall be chargeable VII Where a Grant to discharge a particular Ship shall be good and where a Grant to particular persons shall be otherwise VIII Of Butlerage what and whom are exempted IX Where the King becomes entituled to those duties X. A Grant to be free of all Customes Impositions c. extends not to Prisage and Butlerage XI Cinque-Ports exempted from Prisage I. PRisage is a certain taking or purveyance for wine to the Kings use The same is an ancient Duty which the Kings of England have time out of mind had and received the manner hath been by taking of every Ship or Vessel that should come into this Realm if ten Tun to have for Prisage one Tun and if it contain 20 Tun or more to have two Tun viz. unum ante doleum and the other deorsum paying 20 s. for each Tun And this ancient Immunity they have enjoyed as a Flower of the Crown and by some has been conceived not grantable away without Act of Parliament But yet in 6 E. 3. fo 3. Case 15. mentions the same to be grantable over II. King Edward the First having laid some Impositions on the Merchants which in Anno 25. of his Reign being taken away with promise that neither he nor his Successors should do any such thing without Assent of Parliament In 31. of his Reign they granted him an encrease of Customes in lieu of which he granted them many Immunities as Release of Prisage c. III. Prisage is not due till the unlading or that which is commonly called breaking of Bulk for the words are de qualibet navi important vini disonerant inde King Edward the Third by his Charter dated 6. Martij Anno Regni primi granted his Royal Charter of discharge to the Major Commonalty and Citizens of London in haec verba viz. Quod de vinis Civium nulla prisa fiat sed perpetue inde essent quieti c. which was afterwards allowed in the Exchequer IV. It is not every Citizen that is capable of this Priviledge but onely those that are Resiant within the City And so it was Rul'd in the case of one Knowls who being a Citizen and free Grocer of London removed his Houshold cum pannis and did dwell at Boistol but yet kept his Shop in London and a Ship of his arriving with Wines at London and being unladen the Prisage was demanded he claymed the benefit of discharge It was adjudged he was not capable of the same for he that will claym the benefit of this discharge ought to be Civis incola Comorans 24 H. 6. A Private Act of Parliament Complaint was made That the Lord Major of London would make Strangers Citizens It was there declared That this benefit to be discharged from payment of Prisage did not extend to such Citizens as were dotati made free but unto those Citizens onely which are comorant incolant and resiant within the City V. If a Forreigner brings a Ship laden with Wines into the Port of London and then makes a Citizen his Executor and dyes he shall not have the benefit of this Immunity from payment of Prisage for these Wines for that they are not bona Civium VI. If a Forreigner arrives with a Ship laden with Wines at a Port with an intent to unlade and before the Goods are entred or Bulk is broken he sells them to a Citizen Prisage shall be paid notwithstanding for it was never the Kings grant to discharge a Citizen in such a manner VII If the King does discharge such a Ship of J. S. being at Sea particularly naming the same from the payment of Prisage and he dyes before the Ship arrives no duty can be demanded But it has been held If a particular person has a grant to him to be discharged of his Goods and he dyes before the arrival the duty shall be paid A Quo Warranto was brought against three Archbishops of York to shew cause why they demanded to have Prisage for Wines brought into the Port of Hull The two first pleaded to have onely the first taste and a pre-emption after Prisage paid But the third pleaded a Charter of 15 E. 2. by force of which he claimed the same and Rul'd not good For though the Charter might be good yet it was held in that case a disclaymer by the Predecessor should bind the Successor And at this day the Duke of Ormond in Ireland hath an Inheritance in the Prisage of Wines by the Kings Charter VIII Butlerage is a Custome due from Merchant-Strangers of 2s upon every Tun of Wine brought into this Realm by them King John granted to the Merchants of Aquitaine Trading for Wines thence into England divers Liberties amongst others Libertatibus concessis Mercatoribus vinetarijs
such a Stock or Portion may be purchas'd that is the advantage or benefit arising by the improvement of the same As for Instance The East-India Company hath a Stock lodged in their hands by divers persons which they in the most prudent'st manner as they see fit imploy to those places as they judge most proper if a return is made the advantage of that is distributed â—…o each person that is any way entitled to that Stock which advantage is called a Divident and perhaps may afford some years 20 or 30 per Cent. But on the other hand if that that proportion of the Stock which goes out happens to miscarry the abatement is proportionable and so the Stock may be lessened unless that they will stay the Dividents to keep the Stock the which they may do For it is a Trust reposed of so many mens Moneys in their hands to yield them such advantage as they shall upon a just account set out So that if a man hath a 1000 l. Stock he cannot take the same out of the Great Stock whereby to lessen the same but he may transfer that usu-fruite by that Customary way which they have to any other person for a valuable consideration infinitum Such a Stock of 100 l. in the East-India Company in time of Warr might have been purchas'd for 80 l. Nett but now in time of Peace scarce got under 170 or 180 l. the Dividents running high CHAP. XII Of Impositions called Great Customes Petty Customes and Subsidies I. Impositions whether they may be commanded without the Three Estates and of Magna Charta touching the same II. Of Impositions made voluntary by consent of Merchants and of the adnull of the same III. Of the Confirmation of the Great Charter for free Traffique and of the Settlement now made on his Majesty of the same IV. Of the Immunities formerly of the Hansiatique Towns here in England and when determined V. Of the Antiquity of Customers or Publicans as well in former Ages as at this present time in most Nations VI. Of the Imposition called Magna Custuma VII Of that which is called Parva Custuma payable by strangers and the Act called commonly Carta Mercatoria VIII Of Subsidy and of what and the Rates how set IX Of Subsidy by Strangers on wines X. Of Goods not rated how to pay XI Of the Subsidy-Duty for Cloaths I. THat Impositions neither in the time of Warr or other the greatest necessity or occasion that may be much less in the time of Peace neither upon Forraign nor Inland Commodities of what nature soever be they never so superfluous or unnecessary neither upon Merchants Strangers nor Denizens may be laid by the King 's absolute Power without Assent of Parliament be it never so short a time By the Statute of Magna Charta Cap. 30. the words are All Merchants if they were not openly prohibited before shall have their safe and sure Conducts to enter and depart to go and tarry in the Realm as well by Land as by Water to buy and sell without any Evil Tolls by the Old and Rightful Customes except in the time of Warr and if they be of the Land making Warr against Us and be found in Our Realm at the beginning of the Warr they shall be attached without harm of Body or Goods untill it be known to Us or Our Justices how our Merchants be intreated there in the Land making Warr against Us. The Statute of which this is a branch is the most ancient'st Statute Law we have won and sealed with the Blood of our Ancestors and so reverenced in former times that it hath been 29 times solemnly confirmed in Parliament II. Impositions were in some sort done Consensu Mercatorium by Edward the First and Edward the Third And again in Henry the Eighth of which the House of Burgundy complained as against the Treaty of Entercourse King Henry the Third finding that such a Modus of Imposition tended to the destruction of Trade and apparent overthrow of Commerce and was against the Great Charter made Proclamation Anno 16. in all Ports of England That all Merchants might come faciendo rectas debitas consuetudines nec sibi timeant de malis tollis for that such Impositions had no better name then Maletolts The like was declared and done by Edward the First in the 25th year of his Reign and Edward the Second in the 11th and 12th years of his Reign III. In 2 Ed. 3. the Great Charter for Free Traffique was Confirmed and about some 3. years after there were Commissions granted for the raising of a new kind of Tallage but the people complained whereupon the Commissions were repealed and he promised never to assess any but as in the time of his Ancestors But this Prerogative Power of Imposing inward and outward upon Commodities over and above the ancient Custome of Subsidy without a free consent in Parliament is now ceast and settled And that Question which for many Ages had been handled by the most Learned'st of their times in the asserting and in the denying will never more be remembred Which being managed for some time was afterward farmed out The like having been done by former Kings as did Edward the Third with the New and Old Customes of London for 1000 Marks monthly to be paid unto the Wardrope Richard the Second Anno 20. Farmed out the Subsidy of Cloth in divers Counties So Edward the 4th Henry the 8th Queen Elizabeth and King James the same having been used in former Ages even in the best govern'd State Rome which let out Portions and Decim's to the Publicans IV. The Old Hanse Towng viz. Lubeck Collen Brunswick Dantzick and the rest had extraordinary Immunities granted unto them by our Third Henry for their great assistance and furnishing him in his Warrs and Naval Expeditions with so many Ships and as they pretended the King was not onely to pay them for the Service of their Ships but for the Vessels themselves in case they miscarried The King having concluded a Peace and they being on their return home for Germany the most considerable part of their Fleet miscarried by Storm and stress of weather for which according to Covenant they demanded reparation The good King in lieu of that which he wanted Money granted them divers Immunities and amongst others they were to pay but 1. per Cent. Custome which continued till Queen Mary's time and by the Advice of King Philip she enhanced the 1. to 20 per Cent The Hans not only complained but clamoured aloud for breach of their Ancient Priviledges confirmed unto them by long Prescription from 13 successive Kings of England and the which they pretended to have purchased with their Money King Philip undertook to accommodate the business but Queen Mary dying and he retiring nothing was effected Complaints being afterwards made to Queen Elizabeth she answer'd That as she would not innovate any thing so she
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
and in the attempt the Pyrats shall be overcome if the Captors bring them to the next Port and the Judge openly rejects the Tryal or the Captors cannot wait for the Judge without certain peril and losse Justice may be done upon them by the Law of Nature and the same may be there executed by the Captors Cajus Caesar being but a Private Man pursued the Pyrats by whom he formerly had been taken and spoiled by them and making up to them with such a Fleet as he possible in haste could get ready attaqued burnt and destroyed their Ships and the Men he brought back to an Anchor where repairing to the Proconsul to do Justice who neglecting himself returned back and there hang'd them up XIII If a Pyrat at Sea assault a Ship but by force is prevented entering her and in the attempt the Pyrat happens to slay a Person in the other Ship they are all principalls in such a murder if the Common Law hath Jurisdiction of the cause but by the Law Maritime if the Parties are known they who gave the wound only shall be principalls and the rest accessories and where they have cognizance of the principal the Courts at Common Law will send them their accessory if he comes before them XIV If a Spaniard robs a French Man on the High Sea both their Princes being then in Amity and they likewise with the King of England and the Ship is brought into the Ports of the King of England the French Man may proceed criminaliter against the Spaniard to punish him and civiliter to have Restitution of his Vessel but if the Vessel is carryed intra Praesidia of that Prince by whose Subject the same was taken there can be no proceeding civiliter and doubted if criminaliter but the French Man must resort into the Captor or Pyrats own Country or where he carried the Ships and there proceed A Dutch Man but Naturalized by the Duke of Savoy and living at Villa Franca in his Dominions procures a Commission from the States of Holland and coming to Leighorn there rid with the Colours and Ensigns of the Duke of Savoy the Ship Dyamond being then in Port and having received her lading was afterwards in her Voyage home surprised by that Caper and brought into Villa Franca and there condemned and sold to one Poleman which Ship afterwards coming for England the Plaintiffs having notice made a seizure and upon Tryal Adjudication passed for the Plaintiffs the original proprietors for though the Ship of War and the Captors were of Savoy and carryed thither yet being taken by virtue of a Dutch Comission by the Law Maritime she must be carryed infra Praesidia of that Prince or State by virtue of whose Commission she was taken Nor can such carrying of the Ensignes or Coulors of the Duke of Savoy who was then in amity with the Crown of England or the Commander though a Subject of that Prince make him a Pyrat or subject them or those to whom they have transferred their interest of the Prize any waies to be questioned for the same criminaliter for that the original quoad as to the taking was lawful as one enemy might take from another but civiliter the same for that the Captor had not entitled himself to a firme possession And therfore in all cases where a Ship is by Letters of Marque or Pyracy if the same is not carry'd infra praesidia of that Prince or State by whose Subject the same was taken the Owners are not divested of their property but may re-seize wheresoever they meet with their Vessels XV. If a Pyrat attaques a Ship and only takes away some of the Men in order to the selling them for slaves this is a Pyracy by the Law Maritime but if a Man takes away a Villaine or Warde or any other Subject and sells them for slaves yet this no robbery by the Common Law XVI If a Bale or Pack of Merchandise be delivered to a Master to carry over Sea to such a Port and he goeth away with the whole Pack or Bale to another Port and there sells and disposes of the same the same is no felony But if he opens the Bale or Pack and take any thing out animo furandi the same may amount to such a Larceny as he may be indicted in the Admiralty though it amounts not to a Pyracy Yet if such a Master of Ship shall carry the lading to the Port appointed and after retakes the whole Pack or Bale back again this may amount to a Pyracy for he being in the nature of a Common Carrier the delivery had taken its effect and the privity of the Balement is determined XVII If a Pyrat shall attaque a Ship and the Master for the redemption shall give his Oath to pay a sum certaine though there be no taking yet is the same Pyracy by the Law Maritime If a Ship shall ride at Anchor and the Mariners shall be part in their Ship-Boat and the rest on the shore and none shall be in the Ship yet if a Pyrat shall attaque her and rob her the same is Pyracy XVIII A Merchant procures Letters of Marque or Reprise and then delivers the Commission to Persons to endeavour a satisfaction if such Persons commit Pyracy the Vessel is forfeited without controversy but the Merchant is no waies lyable to make satisfaction for though the Superior shall answer for the actions of his Ministers or Servants yet that is introduced by the Civil Law but this question must be decided by the Laws of Nations by virtue of which such Commissions are awarded or granted the which does exempt any Man to answer for the dammages of his Servants unless he fore-knew that they would commit such a Pyracy or spoliation or any way have abetted or consented to the same which right may be forfeited and the Civil Law let in to acquire satisfaction But if a Ship shall be at Sea and in necessity if she attaques another Ship and takes out some Victuals Cables Ropes Anchors or Sailes especially if that other Ship may spare them this is not Pyracy but then the party must pay ready Money for such things or give a Note or Bill for the payment of the value if on this side the Straites of Morocco within four months if beyond within twelve months XIX By the Law Maritime if Goods are taken by a Pyrat and afterwards the Pyrat attaques another Ship but in the attempt is conquered the Prise becomes absolute the Captor's saving the account to be rendred to the Admiral And it is accounted in Law a just caption of whatsoever may be got or taken from such Beasts of prey be the same in their own or in their Successors possession But then an account ought to be rendred to the Admiral who may if they happen to be the Goods of
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
themselves without prejudice to their condition in this of Commerce the which would be more honourable unto them then to be Usurers and Bankers as in Italy or to impoverish themselves in doing nothing but spend and make consumption of their fortunes and never gathering or laying up II. Hence will grow many advantages both to the publique and private To the publique for that they that should deal in Commerce having means courage and sufficiency for this conduct it would be far greater in the furnishing more Ships to Sea and better armed the which the Estate at need might make use of for the safety of the Publick and would add to the reputation of the Nation in all parts they knowing that an indignity or dammage offered to such would require satisfaction with a strong and powerful hand the which they cannot do who being poor and having but small stocks or what they borrow from Banckers or are indebted for the Cargoe which they send forth have not the courage to hazard themselves and their all in an enterprize that is great Besides such who have honour riches and courage would keep up the reputation of their several Commodities by the not lessening the Market the which the poorer sort to pay Customes Freight Bills of Exchange and other contingent and necessary charges which accompanies the importing they are often forced to mortgage the Cargoe to the Bankers at excessive usury or else to sell for ready money for an inconsiderable gain nay some rather then their wants to be known for ready money will sell for loss all which would be prevented if such Persons of value would apply themselves to a prudent management of the same for whatsoever hazard they run there would be more gotten by such in 2. voyages then the smaller sort in three or four Voyages and by that means it would be the occasion of preventing of many expenses or importuning their Prince with demands nay perhaps they might get more at Sea in one year then in ten at Court Besides experience hath taught and doth daily manifest that where the richest have dealt in this of Commerce it hath enriched both them and the Estate under which they lived and at this day the Examples of the Venetians Portugals Spaniards and Hollanders have made it known unto us III. The consideration of which first gave light to that industruous Nation the Burgundians to procure the Association or Incorporation by John Duke of Brabant of that Ancient Company of the Adventurers Anno 1248 which were then called the Brotherhood of Saint Thomas Becket of Canterbury which being afterwards translated into England was by Edward the III. confirmed and by his Successors Henry the IV. Henry V. Ed. IV. Henry VI. Richard III. and King Henry the Seventh who gave them the name of Merchant Adventurers and from him successively hath their Charter been confirmed down to his sacred Majesty that now is and as this Society is of Ancient estimation so is their Government very commendable IV. The Society of the Company trading to the East-Indies differ from others both as in reference to Persons Members which are at this day many of the principal Nobility of Engalnd as also for that their Adventurers run all into many stocks and is governed and carried all jointly upon benefit and loss they were incorporate Anno 1599. and since then they surrendred their Charter and accepted a new one and are incorporated by the name of Governour and Company trading to the East-Indies their Adventurers run all into one Stock and is governed and carried on upon benefit and loss the same being at this day according to the subscriptions about four hundred thousand Pounds which the several Persons Subscribers may sell transfer and dispose of but they can no wayes take out the same The great Stock may be encreased if the Company shall see occasion so to permit but they are very cautious of the same for that the greater the dividends the more reputation the Stock bears which above all things is to be maintained however directly upon his own account no Person can have above ten thousand Pounds Stock there nor can he have a compleat title till he is made a Free-man of that Society their returns are very profitable and of late very rich and have wany Places of great importance in India as Meslopotam on the Coast of Cormondel Bombay Suratt Fort St. George Bantam c. V. The Dutch having found relief in their distress from the British shoar against their powerful Enemy found also a pattern to carry on Commerce they not being wanting in the imitating the Incorporation of a Company trading to those Places which they possess'd in the East-Indies and therefore in the Year 1602. leave was granted from the Estates to Traffique into those Parts before all others during the space of one and twenty years the which was granted them in consideration of five and twenty thousand Florens which they promised to pay to the Estates during the first ten years thus reduced all into into one Company Amsterdam had one moyety Midleburgh in Zealand a fourth part Delph Rotterdam Horne and Enchusen had either of them a sixth part and the whole Stock of this Union amounted to six millions of Livers or six hundred thousand pound Sterling For the direction of this Trade and the interests of the Associates they have established in either of those Towns a certain number of Administrators at Amsterdam twenty at Midleburgh twelve in either of the rest seven and if any one dyes the Chamber of the Place names three of which either the Estates General or the Magistrate of the Town chooseth one Those Chambers choose Seventeen among the Administrators that is to say Amsterdam eight Middleburgh four Delph and Rotterdam two Horne and Enchusen two and the Seventeen are chosen alternatively sometimes at Midleburgh sometimes at North-Holland the which are called together to resolve jointly of how many Ships and of what Equipage and Furniture they shall make the Fleet which they mean to send and to what Fort or Coast they should go This Assembly is held six years together at Amsterdam and afterwardr two years at Midleburgh and then again at Amsterdam by the Conditions of the accord the Ships must return to the same Port from which they parted and the Spices which are left at Midleburgh and other Chambers is distributed amongst them by the weight of Amsterdam and the Chamber which hath sold her Spices may buy from other Chambers By this Order they have hitherto continued this Commerce with reputation not as simple Merchants only but as if they were Soveraigns they have made in the Names of the Estates Alliances with many of the Princes of those parts as with the Kings of Sian Quadoen Patam Johor the Heir of Mataca Bornean Achin Sinnatra Baretan Jocotra and other Kings of Jatta they have made themselves absolute Masters of the Island of Amboina but by what means Where they have a