that to be when the matter in controversie is tam quod merita quâ—…m quod modum praecedendi not doubtful for in doubtful matters the presumption is ever for the Judge or Court But the Reprisal must be grounded on a wrong Judgement given in matters not doubtful which might have been redressed one way or other either by the ordinary or extraordinary power of the Country or place and the which was apparently perverted or deny'd But if the matter be doubtful then otherwise for in causes dubious or difficult there is a presumption always that Justice was truly administred by them who were duely elected to publick Judgements XI And yet in this later case some who are of opinion that if the cause were dubious and if the Judgement were against apparent right the Stranger oppressed is let into his satisfaction and the reason is because the Judge's authority is not the same over Forraigners as over Subjects for the reason above mentioned If an English Merchant shall prosecute a Suit in the Ordinary Courts of Law beyond Seas and Sentence or Judgement shall pass against him from which he appeals to the Supream Judgement and there the first Judgement or Sentence is affirmed though the Complainant hath received a Judgement against the real right of the cause yet this will be no cause for Letters of Reprisal though perhaps it may occasion Letters of Request if there be strong circumstances for the same to have a rehearing of the cause But if an English Man shall recover a debt there and then the Officer having the debtor in custody will wilfully let the Prisoner escape and then become insolvent the same may perhaps occasion Reprisal In England if a Forraigner brings an Action personal against I S. and the matter is found special or general and the Party prays Judgement and the Court refuses it and then the Deffendant dyes and with him the Action the nature of it being such the Party is here without remedy the same may occasion Letters of Reprisals if it be accompained with those circumstances that evince an apparent denyal of Justice i. e. as putting it off from Term to Term without cause An English Man pursues his right in the legal Courts beyond Seas and the Military Governor opposes the prosecution and by force conveys away the debtor and his Goods the Sentence or Judgement is obtained its ultimate end being Execution being thus frustrated may occasion Letters of Reprisal XII Persons murdered spoiled or otherwise dampnify'd in hostile manner in the Territories or places belonging to that King to whom Letters of Request are issued forth if no satisfaction be returned Letters of Reprisal may issue forth and the Parties petitioners are not in such cases compelled to ressort to the Ordinary prosecution But the Prince of that Country against whom the same are awarded must repair the damage out of his or their Estates who committed the injuries and if that proves deficient it must then fall as a common debt on his Country XIII Such Letters of Request generally allot a time certain for damages to be repaired if not Reprisals to issue forth XIV It is not the place of any Mans Nativity but his domicil not of his Origination but of his Habitation that â—…bjects him to Reprise The Law doth not consider so much where he was Born as where he lives not so much where he came into the World as where he improves the World If therefore Letters of Reprisal should be awarded against the Subjects of the Duke of Florence and a Native of Florence but denizied or Naturalized in England should have a Ship on a Voyage for Leighorn if a caption should be made the same is not lawful nor can the same be made prise XV. Nor doth it any where appear that Reprisals can be granted on misfortunes happenning to Persons or their Goods residing or being in Forraign parts in time of War there for if any misfortune happens or is occasioned to their effects or to their Persons then they must be contented to sit down under the losse it being their own faults they would not fly or relinquish the place when they fore-saw the Country was subject to the spoil of the Souldiers and devastation of the Conqueror The factions of the Guelfs and Gibellins in Florence warring against each other The Guelfs obtaining the Victory and thrusting the Gibellins out of it after they had taken the City Domum cujusdam Hugonis de Papi in hoc Regno Angliae demorantae diruerunt and plundred his Goods therein qui Hugo supplicavit Dom. Regi ut inde Itali Mercatores of that faction and City then in England emendas hic sibi facerent upon which adjudicatum fuit quod dicti Mercatores dicto Hugoni satisfaciant pro damnis susceptis destructione domus suae upon which a Writ of error was brought and the Judgement was reversed in these words Quod non est consuetudo Angliae de aliqua transgressione facta in aliena Regione tempore Guerrae vel alio modo consideratum est quod totus processus ejus effectus provocentur c. XVI By right for so it is now called of rendring like for like there are many Persons exempted and those whose Persons are so priviledged have also protection for their Goods some by the Laws of Nations some by the Civil Law others by the Common Law among which Embassadors by the Laws of Nations their retinue and Goods are exempt coming from him who awarded the Reprise the Laws of Nations not only providing for the Dignity of him that sends but likewise the security going and coming of him that is sent Nor against those that travel for Religion nor on Students Schollars or their Books nor on Women or Children by the Civil Law nor those that travel through a Country staying but a little while there By the Canon Law Ecclesiastical Persons are expresly exempt from Reprisals A Merchant of another place then that against which Reprisals are granted albeit the Factor of such Goods were of that place are not Subject to Reprisals XVII Ships driven into Port by storm or stress of weather have an exemption from the Law of Reprisals according to the Jus commune but by the Law of England otherwise unless expresly provided for in the Writ or Commission But if such Ship flyes from his own Country to avoid confiscation or some other fault and is driven in by stress off she may then become subject to be prize But it is not lawful to make seizure in any Ports but in his who awarded the Reprisal or his against whom the same issued for the Ports of other Princes or States the Peace of them are to be maintained XVIII Ships attaqued by those that have Letters of Reprise and refused to be yielded up may be assaulted and entered and though it may fall out not by intention but by accident that some of those that so
to vindicate other mens injuries then our own by how much more it is to be feared that a man in his own by too deep a resentment may either exceed a measure or at least infect his mind however his right of punishing an equal remains still in those places where the People remain as in great Families and not in Cities or under some Government and therefore those that have now possessions of any Parts of the New World or American Isles till they have either voluntarily submitted to a Government or put them and their discovery into the hands or protection of some Prince that may exercise power there remains the old and natural right of punishing for offences So likewise where Persons shall be assaulted by Pyrats on the Seas if they be overcome they may be immediatly executed by the Law of Nature for otherwise there would be a Failer of power to punish such Besides the old natural Liberty remains in all Places where are no Judgments so where they are taken and brought to a Port and the Judge openly refuses the Trial of them or that a Trial of them cannot be had without an apparent detriment and loss to the Captors Justice may be done upon them by the Law of Nature VII Two Pyrats resolving to assault and rob the next Vessel they meet with not knowing each others condition or design encounter and the one happens to be overcome by the other the question is now whether the above mentioned right so far remains as that the stronger may execute him that he hath overcome Right reason dictates that the evil doer may be punished not who should punish him but that Nature sufficiently sheweth that it is most convenient to be done by him that is Superior yet doth it not demonstrate this to be necessary except Superior be taken in that sence that the evil doer be thought to have made himself thereby inferior to any other and to have as it were degraded himself from the order of men into the number of Beasts subject to no man and such are Pyrats who have no other denomination but Night-wolves or Beasts of Prey By Nature it is ordained That the better command the worse And Aristotle saith The worse are provided for the use of the better as well in Naturals as in Artificials It follows hence that at least a guilty Person ought not to be punished by another equally guilty to which purpose is that saying of Christ VVhosoever of you is without sin that is such sin let him throw the first stone Pertinent is that saying The Sentence can have no authority where he that judgeth is to be condemned From whence it follows that the right of punishing in such case at such time ceases VIII Kingdoms which are equal in power and having no dependance on each other cannot be commanded nor corrected of another but if there be a question to execute the Decree or Judgment of one in the Territory of the other there may issue forth a Commission of entreaty under the Seal of that Court where the Judgment was given or at least under the great Seal of the Prince directed to the Judges in that place where the the Defendant is resident and the Judge to whom the said Commission is directed may award execution according to the Laws of Nations And so it was adjudged where one having recovered a Debt before the Governour of Freisland Defendant upon that fled for England the Governour at the Request of the Plaintiff issued forth his Commission of Request directed Omnes Magistratus infra Regnum Angliae rogans to make execution of the said Judgment upon which the Judge of the Admiralty in England issued forth an Execution of that Sentence and the Defendant was taken upon which he brought his Habeas Corpus and adjudged the Sentence well executed by the Laws of Nations and according to the Common Law of this Realm So likewise if a Dutch-man takes up Goods at the Port of London and gives a Note under his hand for the payment of the same and then flyes into Holland the Vendor may apply himself to the Lord Major of London and upon proof of the delivery and Sale of the Goods the Lord Major making a Certificat of the same and sending it under the City Seal directed as above they of Holland will and do execute the same upon the Party Herein this last Case differs from the first for by the former if there should fall a question about the interpretation of the Judgment or Sentence the same cannot be done for they are not to examine the same and the reason is least the Stranger be induced at another time to do the like and so dissolve the Judgments whereof they should demand the execution the which would be done more through jealousy of the State then for any injustice in them besides the Judgments or Sentences which are matters of Record and of the greatest security in a Kingdom the presumption that they were justly given shall alwayes be understood IX But in the latter the same may be examined that is the Merchant may be heard as to his legal defence either to the lessening or discharging the debt or dammage but against the testimony certified no objection can be made but the same is admitted as legally proved But if there be a question of honour or life there they may not execute the Judgments of Forraign Judges especially if they have not kown the merit of the causes or seen the Informations or heard the Witnesses but more especially in England for there can in no respect whatsoever the life of a Man let his offence be never so hainous be brought to punishment without a legal Tryall and that by the producing of Witnesses viva voce to his face yet Princes for the respect they bear each other and for the Good of Justice though they cannot at the bear request of the Judges of another Prince put them to death yet they may for exemplary punishments which ought to be made upon the places were the fact was committed yield the natural Subject to his natural Prince unless the Prince to whom the fugitive is fled findes that he is unjustly pursued for in such cases he is not bound to yield them yea he is forbidden by the Law of God to restore a bound-Man which is fled into another Mans house to avoid the fury of his Master X. And as the same is in cases Forraign so likewise in those Estates that are under the Crown of England and therefore if a Man recovers against I. S. in the Kings Bench in England and then the Defendant flies over into Ireland the Judgment may be certified over into the Chancery in Ireland and they may by Mittimus send it into the Kings Bench there and they may award execution or otherwise the party may bring his Action of Debt on the same so the like has been done
shall commit any wilful or negligent fault by reason of which the Master Owners or the Ship answers damage to the Merchant an Action lyes well against him XI If a Marriner takes up moneys or Cloaths and the same is entred in the Purser's Book by the Custome Maritime it is a discount or a receipt of so much of their wages as the same amounts to and in an Action brought by them for their wages the same shall be allowed and is not accounted mutual the one to bring his Action for the cloaths and the other for his wages XII A Master of a Ship may give moderate and due Correction to his Marriners and if they bring an Action against him he may justifie the same at the Common Law and by the Law of Oleron if a Marriner shall assault the Master he is to pay 5. Solz or lose his hand Marriners after they have unladed the Ship if they demand their wages and there be any intention of their departure the Master may detain a reasonable proportion of the same till they bring back the Ship or give caution to serve out the whole Voyage XIII Barratry of the Marriners is a Disease so Epidemical a shipboard that it is very rare for a master be his Industry never so great to prevent a Span of Villany a shipboard soon spreads out to a Cloud for no other cause but of that circular encouragement that one knavish Marriner gives to another However the Law does in such cases impute offences and faults committed by them to be negligences in the Master and were it otherwise the Merchant would be in a very dangerous condition The Reasons why they ought to be responsible are for that the Marriners are of his own choosing and under his Correction and Government and know no other Superiour a shipboard but himself and if they are faulty he may correct and punish them and justifie the same by Law and likewise if the fact is apparently proved against them may re-imburse himself out of their wages XIV And therefore in all cases wheresoever the Merchants loads aboard any Goods or Merchandize if they be lost imbezled or any otherwise damnified he must be responsible for them for the very lading them aboard makes him lyable and that as well by the Common Law as the Law Maritime XV. Nay if his Marriners go with the Ship Boat to the Key or Wharfe to fetch Goods a Shipboard if once they have taken charge of them the Master becomes immediately responsible if they steal lose damnifie or imbezle them XVI The antient'st Record that is found extant is that in Edw. the Third's time where one brought an Action of Trespass against the Master for the imbezlement by his Marriners of 22 pieces of Gold Bowe Sheaf of Arrowes Sword and other things And adjudged he should answer And for that the same is or may be of great moment accept of a Transcript of the Record as the same was certified into Chancery in order to have it sent into the Kings-Bench to enable the Plaintiff to bring an Action upon the same Judgment in any place in England where he could meet with the Defendant VEnerabili in Christo Patri DnÌ„o I. Dei gratia Wygorn Episcopo DnÌ„i Regis Ed. CancellarÌ„ vel eius locum tenenti sui humiles devoti Robertus Gyene Major Uille Bristol Edwardus Blanckett IohÌ„es de Castle-acre Ballivi libertatem ejusdem Uille salutem cum Omnia reverentia honore De tenori Recordi ê“cessus loquelle que fuit coram nobis in CurÌ„ Domini Regis ibm sine braevi inter HenrÌ„ Pilk Iurdanum Uenere Magistrum navis vocÌ„ la Graciane de Bayone in plito transgressÌ„ ê“ut ê‘ breve DnÌ„i Regis nobis directum fuit vos inde certificatur sub sigillis nrÌ„is vobis si placet mitimus in hijs scriptis Ad placit Tols tentÌ„ ibm die Martis ê“x post Festum Epiphaniae Domini anno Regni Regis nunc 24. HenrÌ„ Pilk querÌ„ opt se. versus Iurdanum Uenore Magistrum navis vocatÌ„ la Graciane de Bayone de plito transgressÌ„ ê‘ pl c. unde querÌ„ quod secundum legem consuetudinem de OLERON unusquisque Magister navis tenetur respondere de quacunque transgrÌ„ ê‘ servientes suos in eadem fact IohÌ„es de Rule Fartolet de Fornes Servientes pÌ„dicti Iurdani Magisteri navis pÌ„dicte die MercurÌ„ ê“x ' ante Festum Omnium Sanctorum Anno Regui pÌ„dicti Regis Ed. 23. in Mari iuxta Britan in eadem navi de Iohanne de CornubÌ„ servientÌ„ pÌ„dictÌ„ HenrÌ„ 22. libtÌ„ in auro arcus Sagit glad al bona catalla ad valencÌ„ 40 l. ceperunt asportaverunt injuste c. ad dampnum pÌ„dictÌ„ HenrÌ„ 60 l. si pÌ„dictus Iurdanus hoc velit dedicere pÌ„dictÌ„ HenrÌ„ paratus est verificare c. Et pÌ„dictus Iurdanus venit dicit qd lex de Oleron talis est qd si aliqua bona catalla Magistro alicujus navis liberata sunt custodiend unde idem Magister ê“ eisdem vel ê“ aliqua alia re in eadem navi facta manucapÌ„ illo modo MagrÌ„ navis tenetur respondere non alio modo Et suê‘ hoc petit Iudicium Et pÌ„dict HenrÌ„ dicit qd unusquisque Magister navis tenetur respondere d oe quacunque transgressione ê‘ servientes suos in navi sua fact petit Iudicium simlrÌ„ Et suê‘ hoc pÌ„dicte ê‘tes habent diem hic die Sabati ê“xÌ„ post Festum scÌ„i Hillarij ê“xÌ„ futurÌ„ ad audiend judicium suum c. Ad quem diem pdicte ê‘tes venerunt petierunt Iudicium suum c. Et recitat Recordo processu pÌ„dictis in plena Curia Coram Majore Ballivis alijs probis hominibus Uille Magistris Marinarijs visum fuit Curie quod unusquisque Magister navis tenetur respondere de quacunque transgressione ê‘ servientes suos in navi sua facta Ideo consideratum est quod pÌ„dict HenrÌ„ recuperet dampna sua 40 l. vsus pÌ„dict Iurdanum ê‘ CurÌ„ taâ—at nichilominus idem Iurdanus transgressione pÌ„dicta in miÌ„a XVII The Master subject to answer damage is to be understood in all such cases where the Lading was brought aboard either by his consent or his Pursers for any other or such as shall be secretly brought in not being entred in the Purser's Book or in the Bills of Lading the Master is not obliged to see forth-coming unless it be such Goods as the parties bring into the Ship about them as cloaths money and the like as above those things being seldome entred yet most commonly are visible the Master by Law is responsible for XVIII So likewise if a Master forewarn a Passenger to keep his Goods and that he will no wayes take care of them and if they be lost or purloyned by the Crew he will not be obliged to see
not Aliens Scotland is a Kingdom by union and therefore those that were born in Scotland under the allegiance of the King as of his Kingdom of Scotland before the Crown came united were Aliens born and such plea against such Persons was a good plea but those that were born since the Crown of England descended to King James are not Aliens for they were born sub side legiantia Domini Regis so those that are born at this day in Uirginia New England Barbadoes Jamaiâ—…a or any other of his Majesties Plantations and Dominions are natural born Subjects and not Aliens so likewise those that are born upon the King of England's Seas are not Aliens X. But if an Alien be made an Abbot Prior Bishop or Dean the plea of an Alien we shall not disable him to to bring any real or mixt action concerning the possessions that he hold in his politique capacity because the same is brought in auter droit The like Law is for an Executor or Administrator because the recovery is to anothers use If an action is brought against an Alien and there is a Verdict and Judgment against him yet he may bring a writ of Error and be plaintif there and that such plea is not good in that case Though an Alien may purchase and take that which he cannot keep nor retain yet the Law hath provided a mean of enquiry before he can be devested of the same for until Office be found the free-hold is in him And this Office which is to gain to the King a Fee or Free-hold must be under the Great Seal of England for a Commission under the Exchequer Seal is not sufficient to entitle the King to the Lands of an Alien born for the Commission is that which gives a title to the King for before that the King hath no title but in cases of Treason there upon Attainder the Lands are in the King without Office and in that case to inform the Court a Commission may go out under the Echequer Seal XI If an Alien and a Subject born purchase Lands to them and to their Heirs they are joint tenants and shall join in Assize and the Survivor shall hold place till Office found By the finding of this Office the party is out of possession if the same be of Houses or Lands or such things as do lye in livery but of Rents Common advowsons and other Inheritances incorporeal which lye in grant the Alien is not out of possession be they appendant or in gross therefore if an Information or an Action be brought for the same the party may traverse the Office in that Court where the Action or Information is brought for the King And if the King obtains not the possession within the year after the Office found he cannot seize without a scire facias It is not for the Honour of the King an Alien purchasing of a Copyhold to seize the same for that the same is a base tenure and so it was adjudged where a Copy-hold was surrendred to J. S. in trust that one Holland an Alien should take the profits thereof to his own use and benefit upon an Inquisition taken it was adjudged the same was void and should be quashed because the King cannot be entitled to the Copyhold Lands of an Alien nor to the use of Copyhold Lands as the principal case was An Alien Infant under the age of 21 years cannot be a Merchant Trader within this Realm nor can he enter any goods in his own name at the Custom-house If an Englishman shall go beyond the Seas and shall there become a sworn Subject to any Forraign Prince or State he shall be look'd upon in the nature of an Alien and shall pay such Impositions as Aliens if he comes and lives in England again he shall be restored to his liberties An Alien is robbed and then he makes his Executor and dyes and afterwards the goods are waift the Lord of the Franchise shall not have them but the Executors Vide Stat. 13. E. 4. All personal actions he may sue as on a Bond so likewise for words for the Common Law according to the Laws of Nations protects Trade and Traffique and not to have the benefit of the Law in such cases is to deny Trade CHAP. III. Of Naturalization and Denization I. Whether the Kings of England can naturalize without Act of Parliament II. What operation Naturalization hath in reference to remove the disability arising from themselves III. What operation naturalization hath as in reference to remove deffects arising from a lineal or collateral Ancestor IV. A Kingdom conquered and united to the Crown of England whether by granting them a power to make Laws can implicitely create in them such a Soveraignty as to impose on the Realm of England V. Of Persons naturalized by a Kingdom dependant whether capable of imposing on one that is absolute VI. Of Kingdoms obtained by conquest how the Empire of the same is acquired and how the Conqueror succeeds VII Ireland what condition it was accounted before the Conquest as in reference to the Natives of the same and whether by making it a Kingdom they can create a Forraigner as a natural born subject of England VIII Of Aliens as in reference to the transmission of their Goods Chattels by the Laws of France IX Of the Priviledges the Kings of England of old claimed in the Estates of Jews dying comorant here and how the same at this day stands X. Of Persons born in places annexed or claimed by the Crown of England how esteemed by the Laws of the same XI Of Denization and what operation it hath according to the Laws of England XII Where an Alien is capable of Dower by the Laws of England and where not and of the total incapacity of a Jew XIII Whether a Denizon is capable of the creation and retention of Honour by the Laws of England I. THe Father and the Mother are the fountain of the blood natural and as it is that that makes their Issue Sons or Daughters so it is that that makes them Brothers and Sisters but it is the civil qualifications of the blood that makes them inheritable one to the other and capable of enjoying the immunities and priviledges of the Kingdom but that is from another fountain viz. The Law of the Land which finding them legitimate doth transplant them into the Civil rights of the Land by an Act called Naturalization which does superinduce and cloath that natural consanguinity with a Civil hereditary quality whereby they are enabled not only to inherit each other but also to enjoy all the immunities and priviledges that meer natural born Subjects may or can challenge II. According to the Laws of Normandy the Prince might naturalize but such naturalization could not divest the descent already vested But according to our Law by no way but by Act of Parliament and that cures the defect as
one Factor five distinct Bales of Goods and the Factor makes one joynt Sale of them to one man who is to pay one moyety down and the other at six Moneths end if the Vendee breaks before the second payment each man must bear an equal share of the loss and be contented to accept of their dividend of the Money advanced But if such a Factor draws a Bill of Exchange upon all those five Merchants and one of them accepts the same the others shall not be obliged to make good the payment V. And as the Authority and trust reposed in Factors is very great so ought they to be provident in their actions for the benefit of their Principals and therefore if Factors shall give time to a Man for payment of moneys contracted on Sale of their Principals Goods and after the time is elapsed they shall sell Goods of their own to such Persons for ready Cash leaving their Principals unreceived and then such Men break and become insolvent the Factor in equity and honesty ought to make good the losses for they ought not to dispense with the non-payment of their Principals Moneys after they become due and procure payment of their own to an other mans loss but by the Laws of England they cannot be compelled VI. Yet if Goods are remitted to a Factor and upon arrival he shall make a false Entry at the Custom-house or land them without the Customer whereby they shall incur a seisure or forfeiture whatsoever the Principal is endammaged he must inevitably make good nor will such general clause help him as above But if a Factor makes his Entry according to the Envoice or his Letter of Advice and it falls out the same are mistaken if the Goods shall be lost yet the Factor is descharged And as fidelity diligence and honesty are expected from the Factor so the Law requires the like from the Principal judging the act of one to be the act of the other and therefore if a Merchant shall remit Counterfeir Jewels to his Factor who sells and disposes them for valuable considerations as if they were right if the Factor receives any loss or prejudice thereby by imprisonment or other punishment the Master shall not only make good the dammage to the Factor but also render satisfaction to the Party damnified and so it was adjudged where one How was possessed of three Counterfeit Jewels and having Factors in Barbary and knowing one Southern a Merchant was resident on the Place consigns those Jewels to his Factor who receiving them intreated Southern to sell those Jewels for him telling him they were good Jewels whereupon Southern not knowing they were counterfeit sold them to the King of Barbary for eight hundred Pounds they being worth really but one hundred Pounds and delivered the Money to the Factor who remitted the same to How the King of Barbary not long after finding himself couzened committed Southern to Prison till he repaid the eight hundred Pounds Whereupon Southern coming for England brought his action against How and had Judgment to recover his dammage for the Principal shall answer for his Factor in all cases where he is privy to the act or wrong And so it is in Contracts if a Factor shall buy Goods on the Account of the Principal especially if he has used so to do the Contract of the Factor will oblige the Principal to a performance of the bargain VII When Factors have obtained a provenue or proffit for their Principal they must be careful how they dispose of the same for without Commission or order they must be responsible Goods remitted to Factors ought in honesty to be carefully preserved for the trust is great that is reposed and therefore a Factor robbed in an Account brought against him by his Principal the same shall discharge him And so it is if a Factor buyes Goods for his Principal which afterwards happens to be damnified the Principal must bear the misfortune But if a Factor shall dispose of the Goods of his Principal and take Money that is false he shall there make Good the loss yet if he receives Moneys and afterwards the same is by Edict or Proclamation lessened in value the Merchant and not the Factor must there bear the loss Again in Letters of Credit the Factor must be sure to see whether the Commission is for a time certain or to such a value or not exceeding such a Sum or general in which he must have a careful eye VIII A Merchant remits Goods to his Factor and about a Moneth after draws a Bill on him the Factor having Effects in his hands accepts the Bill then the Principal breaks against whom a Commission of Banckrupts is awarded and the Goods in the Factors hands are seized it has been conceived the Factor must answer the Bill notwithstanding and come in a Creditor for so much as he was enforced by reason of his acceptance to pay IX If a Factor enters into a Charter Party with a Master for Freightment the Contract obliges him but if he lades aboard generally the Goods the Principals and the lading are made liable and not the Factor for the Freightment The Principal orders his Factor that as soon as he hath laoded he having Moneys in his hand to make an Assurance on the Ship and Goods if the Ship happens to miscarry by the Custom of Merchants he shall answer the same if he hath neglected his Commission so it is if he having made an Assurance and loss hath occurred he ought not to make a Composition without orders from his Principal Generally the actions of Factors do depend on Buying Selling Freighting and all other the Heads that have been treated in the Second Book by which their employment is universal in matters Maritime and of Commerce and the questions which would arise touching the same if treated on would be infinitum However these are to be the Standard rules which should govern their actions viz. honesty faithfulness diligence and observing of Commission or Instructions which being considered and weighed by those that shall be Judge of their actions a right understanding and determing of the matters arrising between them and their Principals would soon be ended But those sort of Factors that have wanted those things seldom or never render any other account but long and tedious Chancery Suits by which they not only have endammaged their very Trade but seek to marry their Principal to a double affliction by obliging them to sue either a Beggar or that which is worse a naughty man On the other hand Factors that behave themselves worthily and prudently in the service of their Principals ought after their tedious service be numbered amongst those that justly challenge that worthy denomination of Merchant And such was he who never made breach of Commission in the service of his Principal but once that was when Wines were committed to him to dispose of but the price by reason of a
it concerns the King and his publique Ministers to protect them and procure their protection in forreign Kingdoms in the nature of an Office and Negotiation of State therefore their Quality is to Mediate and prosecute for them or any one of them at the Councel Table which is as it were a Court of State but when they come to settled Courts which does and must observe essential formes of proceedings scil processus legitimos they must be governed by them And therefore in the Case of Don Diego Serviento de Acuna Ambassador Leger for the King of Spain who libelled in the Admiral Court as Procurator General for all his Masters Subjects against one Jolliff and Tucker and Sir Richard Bingley for two Ships and their lading of divers kinds of the Goods of the Subjects of the King of Spain generally and not naming of them adduct ad Port de Munster in the Preface of the Libel generally against them all and then proceeds and charges them severally thus That Jolliff and Tucker Captain Pyrate in alto Mare bellico dictas Naves aggressi sunt per vim violentiam took them and that they were adductae in partes Hiberniae and that they came to the hands of Sir Richard Bingley and he converted them to his own use not saying where and refuseth to render them being required it was there held that a Prohibition should go for the matter is tryable meerly at the Common Law and that such a Procuration was not good Don Alonso de Valesce Ambassador from the Catholique King attached Tobaccoes at Land here which one Corvero a Subject to the King of Spain brought hither and the Ambassador by his Libel supposed to belong to his Master as Goods confiscated as all others his Goods were Sir John Watts the Plaintiff in the suggestion pray'd a Prohibition which was granted accordingly for the property of Goods here at Land must be tryed by the Common Law however the property be guided and it was likewise rul'd that if any Subject of a Forreign Prince bring Goods into this Kingdom though they were confiscate before the property shall not be questioned but at the Common Law Don Alfonso vers Corvero Mich. 9 Jac. Hob. 212. Hill 9 Jac. upon the like Libell by Don Pedro Surega Ambassador for Spain XII Whether an Ambassador hath Jurisdiction over his own Family and whether his House be a Sanctuary for all that fly into it depends upon the concession of him with whom he resides for this belongs not to the Law of Nations †and it hath been seen that an Ambassador hath inflicted punishment on his own Servants and Vassals as the Muscovite did here in England but for Fugitives that fly into their Houses nay their own Servants if they have greatly offended cannot be drawn forth by force without a demand and refusal which then done it is then become as an offence in them XIII Most certain by the Civil Law the movable Goods of an Ambassador which are accounted an accession to his Person cannot be seized on neither as a pledge nor for payment of a debt nor by Order or Execution of Judgement no nor by the King or States leave where he resides as some conceiue for all coaction ought to be far from an Ambassador as well that which toucheth his necessaries as his Person that he may have full security if therefore he hath contracted any debt he is to be called upon kindly and if he refuses then Letters of Request are to go to his Master so that at last that course may be taken with him as with Debtors in another Territory to some this may seem hard yet Kings who cannot be compelled want not creditors but the Lord Coke seems to be of another opinion for as to Contracts and Debts that be good Jure Gentium he must answer here XIV If an Ambassador commits any private outrage against one of the Princes Subjects with whom he resides unless it be to defend the Dignity of his Charge or of his Master it has been conceived by some not to be justifiable before the Prince with whom he resides for say they there is a great difference between the Dignity and Authority of the Prince in the Countrey of another Soveraign for say they he may well retain his Dignity but not his Authority usually injuries of that nature being done they have admitted debates at a Councel of State where the Soveraign with whom the Minister of Stare hath resided being satisfied that reparation ought to be made to the party injured he hath been ordered or at least requested to comply with the same XV. But on the other hand if any private outrage be committed by the Subjects of that Prince with whom he resides upon his Person the offenders may be subjected to punishment and the Queen of Sweden having made the Incomparable Grotius after he had escaped by Providence out of Prison by a greater from his Country-Men her Ambassador for that Crown with Lewis the 13 th with whom he resided at Paris coming one day from St. Germans the Secretary of Ceremonies being in the Coach with him it chanced that in one place as they passed a great number of People were in the way seeing of an execution his Postillion and Coach-man driving boldly through the company the Archers then attending the execution with short pieces concerned somewhat angerly that the execution was disturbed made after the Coach shot his Postillion and Coach-man and through the Coach even through his hat the matter coming to be examined the King ordered 3 or 4 of them to be hang'd but that Good Man first pardoned them himself and then obtained the King's XVI The Republique of Venice imployeth generally more Ambassadors abroad then any other State and they are as other Princes be Ordinary and Extraordinary the Commission of the Ordinary continueth for 3 years but he which resides at Constantinople is not call'd Ambassador but Bailio residing there perpetually and that Republique allowes him a greater provision to support his Grandeur then to any other and by the Laws of Venice whatsoever he expends is allowed him upon his accounts without any examination the which no other of their publique Ministers of State have like priviledge By the Laws of Venice there can be no Extraordinary Ambassador imploy'd unless they have been Ambassadors formerly and upon their return are strickly examined of their comportment in their Legation and are to discover what Presents they have received from the Prince or State to whom they are sent the concealment of which is of a dangerous consequence Nor may any of their Ambassadors receive any preferment from any other State during their Legation The Patriarch of Aquilia dyed and Hermolao Barbaio being there Ambassador for that Republique the Pope conferred on him that Ecclesiastical Dignity and made him a Cardinal which being known at Venice notwithstanding he was a Person of great desert
for Decrees given in the Chancery in England which have been exemplyfied under the Great Seal directed to the Kings Lievtenant for the putting the same in execution there but in no case a Judgment given in England may be certified over under any other Seal but that of the Great one But in Scotland it is otherwise for that is a Kingdom absolute and not like Ireland which is a Crown annexed by Conquest but the other is by Union and though they be united under one Prince ad fidem yet their Laws are distinct so as if they had never been united and therefore the execution of the Judgments in each other must be done upon Request as above and that according to the Laws of Nations XI But in Collonies or Plantations which are reduced into the condition of great Families have not this Right of Requesting for they are governed by the Laws prescribed by the Souveraign of the same who may set Jurisdictions make them places priviledged not to have the Persons attached or arrested in any other places but within their own bounds so likewise upon their first forming or Institution may so declare that for any debt or Contract made or done in any place but in that of the same Plantation they shall not be impleaded and therefore in Virginia at this day if a Man contracts a debt in England flies to the same she cannot be there impleaded But if a Man takes up Goods and carries the same over thither there he may be sued in the place so likewise if it can be proved he carryed over the money borrow'd and this amongst others of the Laws and Constitutions of those Plantations is preserved inviolably the same being as it were a pledge and general safety which is given to those Inhabitants that shall resort thither and there plant themselves for the good of the Place and although those that thither flie by reason of great and unreparable losses have contracted debts far beyond their ability to satisfy a failer of which in strictness of Law may if the Creditor pleases oblidge their Bodies to Imprisonment yet doth it not thence follow that the same ought to exacted for though the Carcass of Men may gratify the revenge of the Creditor yet it never can pay the debt wherefore if those ends by themselves in a morall estimation be not necessary or if other ends on the opposit part occur not less profitable or necessary or if the ends proposed by Imprisonment may be attained another way it will then follow that if there be nothing of obligation on the Debtors part to render himself a Prisoner to the Creditor that then if the same can or may be avoided by flight the same in conscience may be done according to that of Cicero It was not fit perhaps to dismiss him being brought to Judgment but that he should be enquired after and brought to judgment was not necessary FINIS A Short Table of the Principal Matters contained in this Book Distinguished by Lib. for the Book Chap. for the Chapter and §. for the Paragraph Accessory Lib. Chap. § PYrat in the attempt kills a person by the Law Maritime the Slayer onely is Principall and the rest onely Accessories but by the Common Law otherwise 1. 4. 13 No Accessory to Pyracy can be tryed by virtue of the Stat. 28 H. 8. but he must be tryed in the Admiralty 1. 4. 23 26 Acceptance Acceptance of a Bill of Exchange what words amount to the same 2. 10. 15 20 Actions Actions of Trover will lye for an 8th or 16th part of a Ship 2. 1. 12 Admirals The reason of their power 1. 6. 5 Lib. Chap. § Admiral where 10th part of the Prize is due to him 1. 1. 〈◊〉 Admiral hath no Jurisdiction infra Corpus Com. 2. 2. 2 He may issue forth Commissions for the assembling of Court Martials 1. 14. 16 Execution of a Sentence of Death cannot be without his leave ibid. Agrument Made with Forraigners by the Commissioners of the Custome-House all persons Subjects shall have benefit of the same 2. 15. 3 Agreement for Freight where the same is determined by the fault of either party 2. 4. 3 Cannot be made with a Mariner for the Freightment of the Vessel 2. 4. 14 Averidge Vide Contribution Alien Not Capable of the Kings Pardon unless they were resident at the time the same was promulgated 3. 4. 7 Capable of taking but not of enjoying What they may hold and if they depart who will enjoy the same 3. 2. 1 Cannot transfer to his Heir to what he is disabled to hold 3. 2. 2 Alien marries an English Woman that is seized the Issue shall inherit 2. 2. 6 Though the Issue be born beyond the Seas shall inherit 3. 2. 7 Born in the Kings Dominions not Aliens Purchases Lands with a Natural born Subject to them and their heirs they are Joynt-Tenants 3. 2. 11 Aliens resident and Aliens travelling through France the difference bâ—…tween them as in reference to their Estates 3. 3. 8 Administration of an Alien's Estate may be committed to the next of Kin. 3. 3. 9 Diffâ—…rence between the Crowns of France and England in reference to the Births of persons born in places which they formerly possest 3. 3. 10 Alien in League his Action is only to be abated but in Enmity may conclude in barr 3. 4. 1 Alliances Alliances not determined by the death of the Prince 1. 7. 6 Ambassadors Where obliged not to Treat with any other but the Prince 1. 7. 4 How Regulated at the Congresse 1. 7. 5 Their Function 1. 10. 1 How protected though the Messengers of Rebels or Thieves 1. 10. 2 Violence or killing them how punishable 1. 10. 3 15 May be rejected and not received and when 1. 10. 4 Where punishable by the Lawes of Nations 1. 10. 5 6 14. 9 Are not to render account to none but to them that sent them 1. 10. 6 Not bound by any thing that is not malum in se jure gentium 1. 10. 10 Yet obliged to the formalities of Law 1. 10. 11 He may have Soveraign Jurisdiction over his Family by the concession of him with whom he resides 1. 10. 12 His Goods and Moveables cannot be seized on for any Civil matter 1. 10. 13 Ambassadors of Venice cannot receive any Present or preferment from any Forraign Prince or State 1. 10. 16 Bailio at Venice is the Ambassador for that Republique 1. 10. 6 Anchors Anchors may be placed for conveniency against the Owners will in other places 2. 9. 7 Not fastning of Buoyes to them punishable 2. 7. 7 Appeal Appeal lyes from the Commissioners of Assurances to the Lord Keeper 2. 7. 16 Assurance Assurances private and publique are both alike as in reference to the obtaining satisfaction 2. 7. 1 2 3 May be made on Ships or other things as well as Merchandize 2. 7. 4 Assurors are discharged upon the alteration of the property 2. 7. 13 They are not to answer
obliged to continue Partnership 2. 1. 3 The Master is obligeable by them 2. 1. 4 Not obliged to joyn in an Action 2. 1. 5 Property of the Ship followes the Owners of the Materials not of the Builders if it be built all with their Goods 2. 1. 7 Package ON what the same is to be paid and what Packers are to take 2. 13. 4 Pardon Of Felonies extends not to Pyracy 1. 4. 23 25 Petty Averidge When due 2. 2. 6 Planters Of the Right of Planting 3. 5. 2 3 Where they may dispose of the same by Will 3. 5. 4 Plunder Souldiers so doing may be slain by any man whom they shall attempt 1. 6. 10 Ports What 2. 14. 7 Within the Body of the County 1. 4. 23 Robbery committed in them not Pyracy ibid. Ports of Nations in Amity may deliver Ships brought in there by an Enemy 1. 1. 9 Neuter Ports the peace of them ought to be preserved 1. 2. 17 1. 1. 10 1. 3. 7 Ports not to be visited after a Warr begun by an Enemy 1. 3. 11 Ships driven in by Stress of weather not subject to reprize 1. 2. 1 Peace of them ought to be kept 1. 5. 14 Possession The highest Title that men can pretend to what they enjoy 3. 5. 1 Yielded without fighting to be used civilly 1. 14. 12 Prize Ships may not alwayes be possest 1. 13. 10 Possession of a Ship creates no Title 2. 1. 11 Poundage What and how the same may be levied 2. 11. 10 Prerogative The King hath to dig in any mans ground for Salt-Petre 1. 1. 4 Prescription It s uncertain beginning 1 15. 14 15 Depends not on the Corporeal but Civil possession 1. 5. 13 Availes not in things that have been stolne 1. 4. 20 Prest The punishment of those that run away 1. 6. 7 Vide Marriners Primage When payable 2. 9. 4 Princes Responsible for Injuries publique and in prudence ought to redress Injuries private especially to Forraigners 1. 2. 8 Responsible by the Lawes of Nature for the neglect of suppressing Pyrats 1. 4. 2 Not bound to Treat personally with Ambassadours 1. 7. 4 The death of one determines not the Alliance 1. 7. 6 Their wisdome is to be considered in Leagues 1. 7. 9 Are not to examine one anothers others Title but it 's enough they are in possession 1. 7. 18 Though driven out of their Country may consent that Commerce shall be forbidden to his Subjects 1. 9. 4 The declared will of them cannot make all those of our Acts Sins 1. 12. 8 Nor can their Interdiction if disobeyed when their Subjects are possessed by their Enemy create an offence ibid. One of their Chiefest happinesses is a good General 1. 13. 1 How they govern themselves in Treaties 1. 7. 1 23 Bound to render Honour to their Equal ibid. Peace Ought to be purchas 't at any rate and to be maintained with the greatest Faith 1. 15. 18 Prescription Silences all Tribunals though its Inception is not known 1. 15. 14 It's necessary to have the force of Right 1. 15. 15 Prisage Not grantable away without Act of of Parliament 2. 8. 1 Not due till breaking of Bulk 2. 8. 3 Prisage becomes due if the property be changed though the Goods are not landed 2. 8. 6 Priviledge The Hanse Towns had several and when they determined and upon what occasion 2. 12. 1â—… Charta Mercatoria on what Considerations the same was granted 2. 12. 7 Prize Prize the 10th part justly due to the Admiral 1. 1. 9 Equally divided amongst the Captors 1. 2. 20 Prize Ships their Papers are to be preserved 1. 13. 9 May not alwayes be possest 1. 13. 10 Proclamation Whether necessary before a Warr 1. 1. 14 Having passed where the Goods of Friends may become Prize ibid. Prohibition Goods prohibited may subject the Vessel to a Forfeiture 2. 2. 17 Property When first introduced 1. 1. 3 Where the Property of the Vessel followes the Owners of the Materials 2. 1. 7 The property of the Ship and Goods of a Pyrats becomes his that takes them 1. 4. 11 19 Legalis Captio difference between that and Spoliatio as in reference to the changing of property 1. 1. 9 Cannot be questioned but by the Common Law 1. 10. 11 Can be questioned in the Admiralty if before sale the Ship was sold bona fide 2. 1. 9 Property of Goods altered by being taken and retaken in Warr 1. 4. 19 Property of Goods taken by Pyracy altered by sale in a Market Overt 1. 4. 21 Protection The true Ensign of Liberty 1. 5. 2 What and by whom accepted 1. 8. 2 Protest Subjects every of the Drawers that subscribed to answer the summe drawn 2. 10 16 Protest the use and meaning of the same 2. 10. 31 Pylott When he is discharged of his Duty and how obliged to answer for negligence or wilfulnesse 2. 9. 1 2 3 Pyrats What 1. 4. 1 Improperly called Enemies yet hold an equality 1. 4. 3 Are not to have succour 1. 4. 4 Overcome in the Ocean may be immediately executed by the Lawes of Nature 1. 4. 11 Or brought to a Port and the Judges refuse or the Captors cannot stay without prejudice may be executed 1. 4. 11 Pyrats onely questionable properly in that Country where the Ship is carried 1. 4. 14 Quarter NOt to be given to persons taken in Fire-Ships 1 14. 12 To demand it not repugnant to the Oath called Sacramentum Militare 1. 14. 13 Rebellion IN those that shall not strike to the King of England's Flagg 1. 5. 8 Reception Reception from an Enemy what is gain'd by the same 1. 1. 7 Release Of the Master where it binds the Owners 2. 4. 15 Renunciation of the Lading when it may be 2. 4. 13 17 Relief Appointed for Marriners and maimed Souldiers 1. 14. 28 Religion Whether lawful to plant the same by force of Arms 1. 1. 5 Renegado The Policy of the Turk in making them 3. 1. 6 Cannot be a Witness by the Lawes of any Christian Kingdome 3. 4. 7 Reprizals From whence derived 1. 2. 1 Cannot be against the Goods of Ambassadors 1. 2. 16 Not good without lawful Warrant or Commission 1. 2. 1 Ships taken by virtue of the same divests not the Owners of their property unless carried infra presidia 1. 1. 7 8 The causes precedent before the same are grantable 1. 2. 6 Reprizal Ordinary and Extraordinary by the Lawes of England 1. 2. 7 Persons exempt from the same 1. 2. 16 Reprizals granted and they commit Pyracy they forfeit their Vessel 1. 4. 2 Captains of Ships of Reprizal commit Pyracy cannot oblige the Owners for satisfaction 1. 14. 18 Request Ought alwayes to precede Reprizal 1. 2. 8 â—…etters of Request allot time certain 1. 2. 13 The same being made may sufficiently impower one Nation to execute the Judgments of another 3. 8 Restitution Where the same may be made of Ships regain'd from an Enemy 1. 1. 7 8 Restitution of Ships where the same
ought not to be done by Nations in Amity 1. 1. 9 Restitution of the overplus the debt and damages satisfied 1. 2. 22 Restitution only to be made in that Country whither the Vessel is carried 1 4. 14 Scavage WHat and for what due 2. 14. 1 Sea Princes may have an Exclusive Property in the same 1. 5. 11 It is a common High-way and such as are born on the same not Aliens 1. 5. 13 Princes may have an exclusive property in the same 1. 5. 2 Subject to protection and to be divided amongst men 1. 5. 4 5 Sea inseparably appendant to the Kingdom of England 1. 5. 13 Not without protection 1. 5. 6 The British Sea the Dominion vindicated by King Edgar and others 1. 5. 7 British Sea is the 4. Seas 1. 5. 18 Kings of England have istum Regimen exclusivè of the Kings of France 1. 5. 11 The importanee of the same to the Crown of England 1. 5. 14 The British Sea ever belonged to the Empire of this Isle 1. 15. 2 The Extent thereof and the King of England's Right on the same how far agreed by the Dutch Treaty 1. 15. 3 Servitude or Slavery Brought in by the Lawes of Nationt 3. 1. 1 Those that continue in that state can have nothing of their own 3. 1. 2 Children are Slaves and the Reasons that fiâ—… introduced that Dominion 3. 1. 4 Refuge was granted by the Jewes to such 3. 1. 5 Slavery become obsolete in Christendome 3. 1. 6 Servitude in some respects may stand at this day 3. 1. 7 A Slave might be imprisoned at the will of his Lord 3. 1. 9 Sheriff May sell bona peritura of Shipwrackt Goods 2. 5. 8 Ships In necessity may take Goods from another by force of Arms 1. 4. 18 Ships gain'd by an Enemy in Battail and regain'd where the property is lost 1. 1. 7 Ships of Warr retaking a Prize from an Enemy restitution of the same where made ibid. Fire Ships not subject to Quarter 1. 14. 12 Ships where subject to an Embargo by the Laws of Enemies 1. 1. 11 Ships of Friends freighted with the Goods of Enemies 1. 1. 12 Ships taken by Letters of Marque ought to be carried infra presidia of that Prince or State by whose Subject the same were taken 1. 2. 19 Ships taken by a lawful Commission but the property not being changed by the Lawes of Nations the persons may be questioned Civiliter but not Criminaliter 1. 1. 4. Ships may be Pressed for Publique Service 1. 6. 1 4 Though the Vessels of another Prince in Amity be they private or publique 1. 6. 2 4 Ships Pressed ought not to be imployed but on publique occasions 1. 6. 3 The punishment of those that shall break the Arrest 1. 6. 4 Newly built ought to make one Voyage before the Owners can part 2. 1. 3 King of England's Ships are not to strike to any Ship whatsoever generally and when out of Courtesie they may 1. 15. 6 Are to Salute Castles and Ports of Strangers and how the same is regulated 1. 15. 7 The Commanders of them are not to Salute their Admiral or Commander in Chief after they have done it once 1. 15. 9 Second Rate Ships when they are to Salute Noble-men coming aboard 1. 15. 9 Their Duties in Salutations 1. 15. 9 10 11 Ship taken in pieces and rebuilt is another Ship but if ript up only to the Keel otherwise 2. 1. 6 Ship repaired with another mans Plank who are the Owners 2. 1. 7 By the Sale of the Ship with all her Apparel and Instruments thereto belonging the Ship Boat passes not 2. 1. 8 May be Mortgaged in time of necessity 2. 2. 14 The various way of Freighting them 2. 4. 1 Perishes the Freight vanishes 2. 4. 13 Ships Encountring each other how the damage is to be settled 2. 9. 7 Not having two Decks and 16 Guns are to pay one per-Cent over and above the Book of Rates 2. 13. 3 Burning any of his Majesties Ships the party to be punished with death 1. 14. The Kings Ships and their Provisions not to be imbezelled uâ—…r they by negligence or wilfulness destroyed 1. 14. 24 The French Ships are to pay 10 s. for every Passenger that shall passe in or out of this Kingdome 2. 13. 1 Societies They make but one Body and are to make but one single Entry of their Goods 2. 13. 13 Where their debt obliges each Member and where not 1. 2. 2 3 A Bill accepted by one binds not the rest though it may the party acceptor 2. 10. 19 Superiours not responsible to Inferiours by the Lawes of Nations 1. 4. 18 Spies Lawful by the Lawes of Nations how used if catch't 1. 14. 21 1. 13. 6 Ships in that Service not obliged to Fight 1. 13. 7 Spoyl Goods may be as well spoyled as taken 1. 1. 15 Spoliatico the difference between that and Legalis Captio 1. 1. 9 The Spoyl or Prize is to be equally divided as well to those Ships that are present as those that attaque and enter 1. 2. 10 States May execute the Judgments of each other 3. ult 8 But not in cases of Life or Honour 3. ult 9 Subjects Share in the Indignity offered to their Prince 1. 15. 16 Subsidy On what it issues out 2. 12. 8 How the same is governed upon Woollen Cloaths 2. 12. 11 Care WHen to be allowed and for what 2. 13. 14 Traytors It is lawful to make use of a Traytor but not to make one 1. 14. 20 Treason in an Alien is to be tryed by the course of the Common-Law and not per medietatem 3. 4. 5 Treason out of the Realm may be tryed within the Realm 3. 4. 7 Treason Is subject to be punished every where 1. 11. 2 They are to be delivered up 1. 11. 4 If Treason in killing an Ambassadour Creaties Of Truce for years settles a Peace and preserves the Honour of each party 1. 9. 3 Less subject to a Rupture then a Peace 1. 9. 4 Breaches of Truces how punishable 1. 9. 5 Tribute It is lawful to pay Tribute to Caesar what is meant by the same 1. 12. 2 Vide Customes Tiumphs Their Antiquity Use and Advantage 1. 14. 29 Trust. A Stock in a Company is a Trust and is governed accordingly 2. 11. 6 Tryals Tryal of Warr must be by the Records of Courts and not Juries 1. 1. 6 Tryals per medietatem their Antiquity 3. 4. 1 It matters not of what Tongue so the moyety are Aliens 3. 4. 3 If both parties are Aliens then all are to be Natural born Subjects ibid. May pray Venire facias as well after the awarding the Venire as before 3. 4. 4 Vacancy GIves a Right to plant 3. 5. 2 Civil vacancy what is meant by the same 3. 5. 3 Victuals Failing a Shipboard what every one hath a Shipboard may be brought forth 1. 1. 4 Voyage Voyage when the same begins 2. 7. 10 Trading Voyage but one Voyage 2. 4.