of Antuerp the Factor in this case Exchange and Rechange doth accept from time to time many Billes of Exchanges and payed them accordingly and taketh vp the mony by the direction of E.F. of Amsterdam for Spaine and other places and so continueth the same for a long time by way of rechange from one place to another vpon the said credit of A.B. of London At last this Factor C.D. becommeth suspitious because of this long continuance of mony by exchange and rechange and writeth vnto the said A.B. of London to know whether he is contented to continue his former credit by him giuen to E. F. of Amsterdam A. B. continueth the same but with a limitation to a certaine summe Limitation of Letters of Credit not knowing what summe of money the said C.D. was engaged for the said E.F. of Amsterdam for C.D. gaue him no notice of it at that time hereupon it falleth out that E.F. of Amsterdam becōmeth insoluent and being much indebted vnto C.D. the Factor of Antuerpe this Factor requireth his satisfaction at the hands of A.B. of London according to the former Letter of Credit A.B. doth answere That he had restrained and limited the said Credit to a certaine summe which indeed did cut off all former matters seeing C.D. gaue him no notice of the moneys owing before and A.B. was onely to answere for the money which was taken vp by the second Letter of Credit according to the summe limited otherwise A. B. had beene cleered of all But if C.D. did continue those monyes by exchange and rechange vpon the credit of A. B and the Factor with whom hee had correspondence doth become insoluent and thereby C.D. the Factor is damnified and payeth the monyes running by exchange or is bound to pay the same This Factor is to be saued harmelesse by A. B. because hee tooke vp or caused to be taken vp The Efficient Cause alwaies to be regarded the said monyes originally So that his Credit was the Efficient Cause of it and the Factor is to bee regarded herein in all reason If a Factor doe accept Billes of Exchanges of a Merchant with order to Rechange the same againe vpon him or to take it vp by exchange for another place or places where he the said Factor shall find it to be for the most benefit of the Merchant if this Factor take vp the same according to his best skill and knowledge although it be found contrarie to the Merchants intention the Factor is not to be charged and the Merchant is to saue him harmelesse for the principall with exchange rechange and all charges of factoridge If a Factor do make ouer money for another mans account by exchange vnto another man or Merchant before he haue notice that this Merchant is broken and the Bills of Exchange are not due this Factor hath authoritie to countermaund the payment of this money although the partie vpon whom the Bill of Exchange is directed had accepted the same And if the said partie should pay the same before it was due he is to repaie the same againe to the said Factor as hauing paied it in his owne wrong contrarie to the custome of Merchants in exchanges If a Factor do fraight a ship for some voyage to be made Fraighting of ships going and comming for a Merchants account and by his Commission or order wherof a charter partie of fraightment is made by Indenture between him and the Master of the ship this Factor is liable for the performance thereof and to pay the fraight and all things accordingly But if the ship be only fraighted outwards and the Factor ladeth the same with some goods then these goods are lyable for the fraight and the Master can demaund nothing of the Factor by the charterpartie but must looke to be paied by the partie that receiueth the goods according to the Bill of lading whereby it is conditioned Bills of lading that the fraight shall be paied vpon the receit of the said goods And so is it also if a ship be fraighted to go to diuers parts as it were bound from one place to another and to be free in the last place of his discharge for the Master must still haue an eye to be secured by goods vnlesse there were an expresse Condition made in the charterpartie to the contrarie or that the ship were fraighted by the Great for a certaine summe of money to be paied by an agreement If a Factor do fraight a ship for another man or for his owne account and when it commeth to the place appointed to vnlade there are no goods to relade the same or there wanteth money for the lading thereof if the Master doe not stay out all his daies of demourer agreed vpon by the charterpartie of fraightment Protest for not lading and make a protest against the partie that he was consigned vnto to giue him his lading within that time but commeth away before that time be expired and although he maketh a protest for that he is not laden yet the Factor is to pay him no fraight at all vnlesse for the fraight outwards it were conditioned by the charterpartie But if the Master do stay out his time then the Factor is to answere the fraight although the Master had laden his ship with Salt for his owne account for if the said ship had bin laden only with Salt by the Merchant which it may be would not pay halfe the fraight yet the Factor or Merchant may at their pleasure abandon the same to the Master for his fraight Goods to be abandoned for the fraight and the Master can demaund no more of the Factor by the charterpartie But if the Master do take in Salt and ladeth his ship by his owne meanes before the daies of demourer are expired and that by some condition made with the Factor he may claime fraight then the Factor is to haue the benefit of the Salt in defalcation of the said fraight If a Factor do fraight a ship for a Merchant and afterwards the said ship is taken to serue the king for some few daies within the time agreed vpon for the lading and hereupon the Merchant disclaimeth the fraighting of the said ship albeit the Factor did proceede to lade the same In this case the Factor is not to beare any losse but what damage shall be adiudged to the Master the Merchant is to saue the Factor harmelesse of it If a Factor do hire a ship by the moneth for another Merchant or for his owne account and ladeth the same being readie to depart afterwards the king maketh a generall Embargo or restraint vpon all ships for a time the Master cannot demaund any fraight of the Factor for and during the said time of arrest And if the ship be vnladen againe and employed in the kings seruice the Factor is free of all agreements or couenants with the Master Money giuen for fraighting If a Factor do receiue
credit which they haue obtained in generall The money then remaining in the Bankers hands is imployed by them to other vses and purposes First they doe deale with great Princes and Potentates The Bankers trade that haue need of money for the maintenance of their warres as the Geneuoises and Germanes did with the Emperor Charles the fifth during the warres in Germanie and as the Florentines and others haue done with Phillip the second king of Spaine and also with his sonne Phillip the third late raigning causing him to pay 20 25 30 and more in the hundreth by way of exchange and rechange supposed to happen accidentally Secondly they ingrosse thereby diuers commodities into their hands and lastly they carrie thereby a predominance in ruling the course of exchanges for all places where it pleaseth them by reason whereof the citie of Amsterdam to countermine them haue in the yeare 1608 also erected a verie great Banke The beginning of the Banke at Amsterdam for the which the said citie hath vndertaken to answere whereby they are alwaies stored with money as appeareth that the same is plentifully to be had at interest at six and seuen in the hundreth by the yeare and some at fiue and vnder This custome is now so setled there that it is as effectuall as any law Of the breaking of some of these Bankes Bankrupt is the name Bankrupt deriued for when Princes do not accomplish with them then they cannot hold out vnlesse they haue great estates of their owne Philip the second king of Spaine in the yeare 1596 was constrained to giue Facultad Reall that is to say A Facultie Royall or Protection A Power or Facultie Royall or a Protection vnto the Bankes of Madrill and all their associates for foure yeares commaunding that all those that had dealt with them in matter of Exchange Interest Contracts Letters of Credit or any manner of wayes publickely or secret and with all their knowne or vnknowne partners should not be compelled to pay any money to their creditors vntill the yeare 1600 but in the Interim they should at euerie 6 moneths receiue interest for their mony after the rate of seuen pro centum for the yeare and if any man could not forbeare his mony he was to deliuer the fourth part more in readie money and so accounted together with the interest due at seuen vpon the hundreth the two thirds of all was to be paied him and the other third was to continue during his life with allowance of the said interest and this was to be obserued in the kingdomes of Castile Arragon Portugall and the Low-countries as also in the kingdomes of Naples Sicilia and the State of Milan and finally in all kingdomes and dominions vnder him for so are the words and in all his warlike forces by sea and by land This did bring the Bankes in great discredit and the West-India trade was much interrupted by it and so continued during the said king his life time and after his decease moneys haue not beene plentifull in Spaine insomuch that in the yeare 1608 his sonne Philip the third did giue the like Facultie Royall to all men that were to pay money at the returne of the West-Indies fleet for one yeare paying but 3 pro cent to their creditors for the forbearance CAHP. XXI Of the Fraighting of ships Charterparties and Bills of lading HItherto we haue beene buying and dealing in commodities and now it will be time to aduance our commerce or trafficke and to fraight Ships for the purpose to transport ouer commodities No Ship should be fraighted without a Charterpartie meaning a Charter or Couenant betweene two parties the Master and the Merchant and the Bills of lading do declare what goods are laden Bills of lading and bindeth the Master to deliuer them well conditioned to the place of discharge according to the contents of the Charterpartie binding himselfe his ship tackle and furniture of it for the performance thereof Of these Bills of lading there is commonly three Bills of one tenor made of the whole ships lading or of many particular parcells of goods if there be many laders and the marks of the goods must therin be expressed and of whom receiued and to whom to be deliuered These Bills of lading are commonly to be had in print in all places and in seuerall languages One of them is inclosed in the letters written by the same Ship another Bill is sent ouer land to the Factor or partie to whom the goods are consigned the third remaineth with the Merchant for his testimony against the Master if there were any occasion or loose dealing but especially it is kept for to serue in case of losse to recouer the value of the goods of the assurors that haue vndertaken to beare the aduenture with you whereof wee shall intreat in the following Chapters The persons that are in a Ship may bee thus in order which although they differ in names in many languages yet they are all one in effect The Master of the Ship the Pilot the Masters mate the Ship-wright or Carpenter the Boats-man the Purser the Chirurgeon the Cooke and the Ships boy All the rest are vnder the name Marriners all these are distinguished in hires and fees in all Countries The Master therefore doth couenant by the Charter-partie Charter-party to find a sufficient Pilot and all other the foresaid Officers and Martiners and to prouide Shiptycht Masts Sayles Roapes Tewes Anchors Ship-boat with fire water salt and all things necessarie at his owne expences And this Charter-partie so made on the Masters part doth commonly declare that it is and all things therein contained according to the Law of Oleron according to which Law Law of Oleron if there bee no writing made and but an earnest giuen then the Merchant if he repent loseth his earnest but the Master if hee repent loseth the double of the earnest Againe if the Ship bee not readie at the day appointed in the Charter-partie to goe to Sea the Merchant may not onely free himselfe of her except hee hold his peace and discharge her not for then by his silence he seemeth to consent Qui Tacet consentive videtur but also shall recouer charges interests and damages except the Master shew some excuse of some pregnant occasion or mischance which could not bee auoyded and then he loseth onely his fraight because he hath not deserued it But if the fault be in the Merchant he shall pay the Master his damages or according to the Rhodian Law Rhodian Law shall entertain the Ship and Company ten dayes and if then he stay longer shall pay the fraight of all accordingly and further shall answere for all hurt and damages happening by fire water or otherwise after the time appointed It is true that the Rhodian Law chargeth the Merchant in this case but with halfe the fraight and the Master with the whole fraight if he faile
said Merchants doe couenant with him euery one for his tunnage as aforesaid that he or they and either of them will lade or cause to be laden within the dayes limited the said Ship with such and such commodities accordingly pesterable wares or goods excepted Pesterable wares or commodities which are goods of great volume and cumbersome whereof no true computation for tunnage can be made so that the fraight of such kind of goods is made accordingly And the said Merchant doth further couenant to pay vnto the Master three pounds or more for the fraight of euery Tunne lading vpon the full discharge of his said Ship and deliuery of the said goods at London aforesaid accounting two and twentie hundreth and a halfe or so many Kintalls for a Tunne and in like manner for two Pipes or Butts foure Hogsheads and other commodities rated for the Tunne or Last as foure Chests of Sugar Six Barrells of â—ny other commoditie for a Tunne as in the fourth Chapter of Weights and Measures is declared with Primage Petilodeminage and sometimes Pilotage according to the accustomed manner in the like Voyages c. binding themselues each to other for the performance thereof in a summe of money Nomine Poenae with such other clauses conditions cautions or other agreements as may bee concluded betweene them which being well expressed preuenteth all those and the like questions which the Ciuilians doe discourse vpon as the following may be for an instance Questions about Fraightings and their Solutions If a Ship bee fraighted by the great Posito two hundreth Tunnes for the summe of six hundreth pounds to bee payed at the returne the said summe of 600 ll is to bee payed although the Ship were not of that burthen If the like Ship of 200 Tunnes be fraighted and the summe is not either by the Great or Tunne expressed then such fraight as is accustomed to be payed in the like Voyages is due and ought to bee payed accordingly If the like Ship of 200 Tunnes bee fraighted by the Tunne and full laden according to their Charterpartie then fraight is to bee payed for euery Tunne otherwise but for so many Tunne as the lading in the same was If the like Ship of two hundreth be fraighted and named to be of that burthen in their couenant and being fraighted by the Tunne shall be found to bee lesse in bignesse there is no more due to bee payed than by the Tunne for so many as the same did carry and brought in goods If the like ship be fraighted for two hundred tunnes or therabouts this addition or thereabouts is within fiue tunnes commonly taken and vnderstood as the moitie of the number ten whereof the whole number is compounded If the like ship be fraighted by the great and the burden of it is not expressed in the contract yet the summe certaine agreed vpon is to be paied without any cauillation If fraight be agreed vpon for the commodities laden or to be laden for a certaine price for euerie Packe Barrell Butt and Pipe c. without any regard had to the burden of the ship but to giue her the full lading no man maketh doubt but that the same is to be performed accordingly If the like ship or any other being fraighted by the great for a summe certaine happen to be cast away there is nothing due for fraight but if the ship be fraighted by the tunne or peeces of commodities laden and cast away and some saued then is it made questionâ—ble whether any fraight be due for the goods saued pro rata albeit there is none due at all for the Assurors are not to bee abridged herein by any fraight Hence arise some other questions Exempli gratia Whether a Master of a ship hauing vndertaken to carrie ouer a familie or certaine slaues or cattell and some of them dying in the voyage shall haue any fraught for those persons or cattell which are dead whereupon three considerations are incident 1 If the contract was made for the whole familie slaues or cattell then the fraight or passage money is due and to be paied for all 2 If it be couenanted that for euerie head or passenger the master shall haue a certaintie then for the dead neuer comming to the destined place there is nothing due 3 If it do not appeare how the agreement was made but that there is a certain summe agreed vpon then that agreement being an entire thing is to be performed although some died the reason is because there was no fault in the master and therefore the rule of Re integra remaineth good and if a woman be carried ouer and be deliuered of a child in the voyage yet there is nothing to be paied for the passage of the child which she carieth in her armes There is an ancient question Whether a Master of a ship who promised to place another in his ship and to expose him in a certaine place can demaund any recompence for the same he neuer hauing placed the partie there but the partie came into the ship and so went ouer wherein they consider the difference betweene liuing creatures and rational or things dead and insensible and diuers other reasons which I omit for it may well bee compared to the disputation de Lana Caprina whether the haire of the Bucke be wooll or haire which putteth me in mind of a prettie tale which for varietie of theame I here bestow vpon merrie conceited mariners The Poets hauing made Caron to be the ferrie-man of hell A merrie tale of Carons wager passing ouer the soules of an infinite number of persons of diuers professions faine That on a time a Sophister was to be transported who tooke exception at Carons Beard and by a Sillogisme would proue him to be a Goat framing his argument in this manner A Goat hath a Beard which is neuer kembed and you haue a Beard which is neuer kembed ergo you are a Goat Caron answering did wonder at his conclusion and tooke vpon him to proue the Sophister to be an Asse because that of a comparison he made an argument for saieth he if you had made a Sillogisme in this manner A sophisticated Argument That which is Haile is no Snow Haile is white ergo Snow is not white then there had beene some shew of Reason But tell me what is an Asse and the Sophister answered It was a liuing creature without Reason and being demaunded what Reason was he said It was to follow and vse the good and to shun the euill then Caron concluded vpon his owne words and said Your own words haue proued you an Asse wanting Reason for you had no Reason in the world whereby you should be guided to follow the good which is vertue but you haue followed euil which is vice which made you to come hither to receiue the punishment of an Asse which being incident vnto most mariners comming on shoare I wish them to remember thankesgiuing to God
And to conclude concerning Fraightments and Charterpaâ—ties let vs obserue that equitie in all things is to be considered and especially in sea-fairing causes and cauillations are to be auoided as for example A Merchant fraighted a ship with all his furniture by the moneth and putteth into her the Master and Mariners and victualled the same at his charges and maketh a charterpartie with the owner promising to pay for the vse of the shippe and furniture twentie pound euerie moneth at her returne into the riuer of Thames and so ladeth in her for the Straits Equitie in sea-faring causes much to be regarded and to go from Port to Port in seuerall places with merchandise and after two yeares or thereabouts hauing taken her lading in Barbarie commeth for London and by storme and tempest the ship was cast away neere Douer and the goods were saued hereupon the Merchant denied to pay the fraight monethly to be reckoned because the ship did not arriue in the riuer of Thames according to the words in the charterpartie Herein the owner was much wronged for the money is due monethly and the place is named onely to signifie the time when the money was due to be paied for the ship deserueth wages like vnto a labourer or like a mariner which serueth by the moneth who is to be payed for the time he hath serued although he dies before the voyage be ended as we find daily that the East-Indies companie payeth to their wiues or friends The labourer is worthie of his hire The ship is not fraighted by the great to run that aduenture which is noted before neither was she wanting her furniture of Cables Anchors Sailes Ropes or any thing whereby she was disabled to performe the voyage and might be the cause of the casting away for if it were so then there were great cause giuen to denie the payment of the fraight Againe where it was alleaged that the said owner hath made assurance vpon the ship for more than the same was worth and did thereby recouer of the Assurors a benefit towards his losse this did not concerne the Merchant but the Assurors and if the assurance were orderly made the said Assurors haue paied the same duely that is to say If the pollicie or writing of assurance did declare That the owner did value his ship in such a summe whereof hereafter you may read in the proper place intreating of the nature of Assurances A Merchant valued one barrell of Saffroh at 1000 ll hauing priuately put so much in Gold in the same the Gold was taken but the Saffron was deliuered and the Assurors did pay for the Gold And the like is for Pearles or other things so valued Item when Coffers Packes or Pipes and other marked commodities or goods are deliuered close packed or sealed and afterwards shall be receiued open and loose the master is to be charged for it vntill a due triall and that consideration thereof be had he must also answere for the harme which Rats do in the ship to any merchandise for want of a Cat. The Merchant on the other side is to be bound by the said charterpartie to pay the fraight of the goods by him laden either by the Last Tunne or by the Packe and Fardel according to the agreement accounting for a Last Tunne or other thing after the rate of a Tunne lading wherein pesterable wares which take a great deale of roome are excepted and must be agreed for and the goods laden are liable for the paiment of the fraight The Merchant likewise doth couenant to pay Pilotage if a Pilot be vsed to bring the ship into the harbor also primage and petilodmanidge to the master for the vse of his Cables to discharge the goods Pilotage Primage Petilodmenidge and to the mariners to charge and discharge them which may be sixe pence or twelue pence for the Tunne lading with some other clauses and agreements made betweene the said Merchants and Master wherein it is not a misse to limit a good summe of money on either side to be paied for the performance of the charterpartie and to couenant the same by the said charterpartie whereof I do here prescribe but one forme considering the diuersities of conditions therein vsed as the Merchant and Master can agree which euery Scriuenor doth vsually make accordingly as in this Chapter is rehearsed * ⎠* CHAP. XXII Of the Master of the Ship his power and duetie of the Master to the Merchant Law of Oleron THe whole power and charge of the ship being committed to the Master requireth a staied man and of experience whereunto the Owners are to take great heed for his power is described partly by the Owner or setter forth of the Ship and partly by the Common-law of the sea by meanes and vertue whereof the Master may if need be borrow money in a strange countrie with the aduice of his companie vpon some of the tackle or furniture of the Ship or else sell some of the Merchants goods prouided that the Merchant be repaied againe at the highest price that the like goods are sold for at the market which being done the fraight of those goods so sold and repaied shall be also repaied by the Master to the Owner of the Ship aswell as the fraight of the rest of the Merchants goods except the Ship perish in the voyage in this case onely the price that the goods were bought for shall be rendred and for no other cause may the Master take vp money or sell any of the Merchants goods although it were in the danger of ship-wrecke The dueties of a Master of a Ship c. Such is the duetie of a Master of a Ship that is prouident that he ought not to make saile and put forth to sea without the aduice and consent of the most part of his companie especially when the weather is stormie otherwise he shall answere the damages that commeth thereby principally if he haue not prouided an expert Pilot or if the Ship happen to fall ouer in the harbour The Master shall be punished also by damages if the ouerloope of the Ship be vntyth or the Pumpe be faultie or a sufficient couering be wanting especially for Corne Victuall and such like commodities He is also before his departure to deliuer the names of all the persons which he is to transport and of his mariners which with vs is but lately established and at his returne he is to deliuer a true Inuentorie of the goods of any persons which shall happen to depart this life in that voyage not onely because his kindred and friends may haue intelligence of it but also because their goods may bee safe and forthcomming for one whole yeare of which goods in the meane time the bedding and appurtenances may bee taken by the Master and his Mate to their vses as also such clothing and other things then vpon his bodie may bee deliuered to the Boats-man and the
portage bee brought in hee shall onely haue the fraight of so much goods If a Ship passe further than the Mariner was hired his hire should be accordingly augmented except hee be hired a Mareages mais non a deniers as the French man speakes or by the moneth for all the yeare If a Mariner runne away with his hire vndeserued hee deserues the Gallowes If a Mariner be hired for a simple Mariner and afterwards in the voyage findes hiring to be a Pilot or a Master he may passe restoring his former hire and so it is if he marrie Mariners are not onely to discharge and deliuer goods out of the Ship but also if no Porters or Carriers bee in those parts to carrie the same themselues for such hire as other workemen should haue had therefore If it happen a Ship to be prised for debt or otherwise to bee forfeited yet the Mariners hire is to be payed and if she prosper to receiue their pay in the same money that the fraight is payed with Lastly a Mariner should neither be arrested nor taken forth of a Ship making readie to sayle for any debt but onely his hire and as much other goods as hee hath in the Ship may be arrested for it according to the value of the debt and the Master to bee answerable for all because the Ship is compared to a mans dwelling house which is his sure refuge by the Law except it be for a sworne debt or a penaltie to the King through some crime CHAP. XXIIII Of the Office of Assurances and the Ancient Custome of the same CLaudius Caesar the fifth Romane Emperour by succession of gouernement from Iulius Caesar who was before the Birth of our Sauiour Christ borne vnder Augustus and the first persecution of Christians was vnder Tiberius Sâ—etonius and the second more cruell vnder Caligula whom Claudius did immediately succeed This Claudius did bring in this most laudable Custome of Assurances whereby the danger and aduenture of goods is diuided reparted and borne by many persons consenting and agreed vpon betweene them what part euerie man will be contented to assure make good and pay if any losse or casualtie should happen to the goods aduentured or to bee aduentured at the Seas as also by Land to the end that Merchants might enlarge and augment their Trafficke and Commerce and not aduenture all in one Bottome to their losse and ouerthrow but that the same might be reparted and answered for by many This Custome comming to the knowledge of the inhabitants of Oleron was recorded and by them set downe for a Law and practised to be obserued through all the Sea-coast Townes of France and yet was first vsed in England and after vs imitated by the Antuerpians and all other Nations there inhabiting when that Citie did flourish And whereas here in London Lombard-street then the Exchange of Merchants the meeting amongst Merchants was in Lombard-street in London as aforesaid so called because certaine Italians out of Lombardie kept there a Pawne-house or Lombard long before the Royal Exchange was builded by sir Thomas Gresham knight all the policies or writings of Assurances which then were and now yet are made do make mention That it shall be in all things concerning the said Assurances as was accustomed to be done in Lombard Street in London which is imitated also in other places of the Low-countries These Assurances are made in the said Office in the West end of the said Royall Exchange in London which are of seuerall natures as followeth and at diuers and seuerall rates The Commissioners for the said Assurances are chosen yearely or at the least some of them in the beginning of euerie yeare And at Roan at the time when the Merchants of all nations chuse their Prior and Consulls The chiefe authoritie with vs doth rest in the Lord Maior of London confirmed by an Act of Parliament in the later time of Queene Elizabeth as you may vnderstand by the manner of proceedings for Assurances for the obtaining whereof I haue sundrie times attended the committees of the said parliament by whose meanes the same was enacted not without some difficultie because there was many suits in law by action of Assumpsit before that time vpon matteâ—s determined by the commissioners for Assurances who for want of power and authoritie could not compell contentious persons to performe their ordinances and the partie dying the Assumpsit was accounted to be void in law The nature of Assurances THe nature of Assurances are either vpon goods laden or to be laden outwards in such a ship bound from such a place to such a place As for example from London to Saint Lucar vpon Perpetuanoes or Corne vntill it be laied on shoare at Siuill which aduenture is as well in the small ships lighters or boats whereby it is carried vp to the citie of Siuill vntill landing of it as it was in the ship whereby the said Perpetuanoes or Corne was transported from London to Sain Lucar and any damage either totally or in part is to be answered by the Assurors accordingly and pro rata that euerie man hath subscribed in the policie or writing of Assurance as by the said commissioners for Assurances shall be set downe Other Assurances are made vpon goods laden or to be laden homewards in such a ship vnder such a marke the masters name and any other circumstances wherby the said goods or commodities may be knowne to be the same that are assured as laden or to be laden by such a man in such a place about such a time c. which if it be in any ship that was fraighted outwards may be better specified or if it be by letters of aduice it may be described accordingly which aduenture may also run from the time that the said goods posito oyles of Vtrera were laden into any Vessell Lighter or Boat to come downe the riuer to Sain Lucar to be laden in such a ship or any ship neither naming the ship nor master vnto the citie of London and the said Oyles there laied on land But to declare that the Pipes are marked with such a marke to be laden by such a man doth much strengthen the said Assurance to auoid cauillations doubts or controuersies Other Assurances are made vpon goods laden in a ship for a certaine place which ship is fraighted going and comming as for Turkie or any places in the Mediterranean seas bound to go into seuerall ports to discharge part of the lading in one place and the rest in another place and then to lade againe homewards in such another place and all this Assurance is one entire Assurance vntill the ship be returned home and the goods safely receiued on land Other Assurances are made vpon goods to be sent or laden from one place to another and vpon the returne of the prouenue thereof as from Lixborne to Brasile and backe againe to Lixborne or from Saint Lucar to the West-Indies Santo
to a second voyage when the first is performed but to be vigilant in their actions 8 Whether an assurance made for the tempest of the Seas bee also to be vnderstood for Theeues or Robbers vpon the Seas A. The generall and ordinarie policie of assurance containing all aduentures sheweth that the assuror is to beare the aduenture of both these and if it were otherwise in particular it must bee declared So that this distinction is vaine 9 The like may be said to the question Whether an assurance made by stipulation be a contract or not or whether it be couentionall or conditionall wherein this distinction is of no moment 10 Whether an assuror hauing payed the Merchant for goods lost by him assured may afterwards if the goods were found againe or recouered restore the goods to the Merchant and call for his money which he paied backe againe A. It appeareth plainely by all policies of Assurance That the Assuror doth condescend that the Merchant shall haue full power and authoritie by himselfe or his Factors and Seruants to sue for therecouerie of the goods and that the Assurors shall contribute to the charges pro rata of their summes by them assured respectiuely but the Merchant is not therefore hindered to recouer the money of the Assurors neither can one particular Assuror haue all the goods for the Merchant relinquishing the goods to the Assuror reserueth alwaies his part therein which he hath not assured which he detaineth in nature of an Assuror so that the Assuror hath not conuenient meanes to performe the contents of the question neuerthelesse if the Merchant will hee may buy the goods so recouered of the Assurors as they can agree but then is the question altered and not the same 11 Whether an Assuror is to answere any hurt or damage done to the goods by Mice Rats or any other vermine especially moaths A. By the policie of Assurance that Assuror is to answere for all damages detriment or hurt which shall happen to the goods after his vnderwriting but if he can proue the hurt or damage was before done in the ware-house or other place he is not bound to answere the same 12 Whether goods lost in the ship boat being vnladen out of the ship or being to be laden into the ship shall be answered by the Assurors or what may be laied to the charge of the Assurors by contribution A. This question consisteth of two points the answere to the first is plaine according to the policies of Assurances where it is specified that the aduenture shall begin vpon the goods laden in any Boat Vessell or Crayer to be laied aboard of such a Ship or being discharged out of the Ship the aduenture to continue till the goods be safely landed but to the second the answere is not so plaine because it dependeth vpon the sea-law and must be considered accordingly For as we haue noted in the chapter of Contributions if by occasion of lightening the goods which are put into the Boat or Lighter perish the ship and remaining goods in the ship shall answere for the same but on the contrarie if the ship and remaining goods perish after the Boat or Lighter is once safe no contribution shall be on the goods in the Lighter for the law is That the goods shall onely be lyable to contributions when ship and goods are safely arriued to their intended port of discharge according to this rule is the Assuror to answer for contributions pro rata of the summe by him assured 13 Whether assurance made for pirats is to be vnderstood also for theeues which by night steale the goods from the ship A. The answere is so euident that both the one and the other is comprised in the Assurance as there needeth no other explanation 14 Whether an Assurance made at one time vpon goods to be bought and intended to be laden and afterwards found not to be bought at the same time but at another time doth bind the Assurors to pay the losse A. This question is worthie the consideration and doth meerely consist in the obseruation of time not in the buying of the goods although it be so propounded for the time maketh great difference in the assurance as I haue noted before Goods laden in the Summer are not in aduenture comparable to the Winter when stormes and tempests do arise and therefore are not the Assurors to be made answerable to this assurance for the custome herein is cleere and concurring with the Law of Oleron and therefore not comprised in the tenor of the policies of Assurances which is the cause also that Assurors are to haue a speciall regard to the Masters of ships whether they be vicious or diligent for the loue of women and wine maketh them to loose the oportunitie of time so that by contrarie windes their voyage is retarded and which was to be made in Summer falleth out to bee in Winter subiect to eminent daungers and losses whereunto the Assurors become liable as is declared whether it be by accident misfortune casualtie rare successes and negligences of Masters and Mariners vnlooked for and happening in strange manner sodenly 15 Whether an Assuror be liable to the aduenture of goods shipped from one ship into another A. Sometimes in policies of Assurances it happeneth that vpon some especiall consideration this clause forbidding the transferring of goods is inserted because in time of hostilitie or warres betweene princes it might fall out to be vnladen in such ships of those contending princes whereby the aduenture would be farre greater But according to the vsuall Assurances which are made generally without any exception the Assuror is liable thereunto for it is vnderstood that the Master of a ship without some good and accidentall cause would not put the goods from one ship into another but would deliuer them according to the charterpartie at the appointed place which is the cause that when assurance is made vpon some particular goods laden in such a ship vnder such a marke the Policie maketh mention of the goods laden to be transported and deliuered to such a place by the ship or by any other ship or vessell vntill they bee safely landed so that in all these and the like the condition maketh the law 16 Now there is a question Whether an Assuror is answereable to the assurance of goods to beare the aduenture if no goods were laden or but part of the goods A. If a man do bind or oblige a thing to be found in such a place and it is not found there euerie man knoweth that the said thing tied to a locall place cannot be bound thereby because it is a bodie named without substance and not in Rerum natura and there would be vnderstood a priuation without being and where there is not materia forma first there can be no priuation but if part of the goods were laden then the Assurors are liable for so much as that part of goods did cost
indifferent persons and if any mariner be not so contented and thereupon quarrelleth he shall be punished as a mutinous person The like is to be done in any fraight which might happen where the master is agreed with which being performed then to be determined in like maner for all controuersies as aforesaid When a master hath maintained at his expences the mariners in the Winter season they shall not seeke to haue their wages augmented If a ship be detained by some Prince or Potentate or sent on a voyage the mariners are to serue neuerthelesse and if any run away they are seuerely to be punished and hauing serued the difference also to be ended with indifferent proceeding as aforesaid If mariners will go away vpon ending of halfe the voyage the master may demand all their whole wages If any mariner officer hauing receiued halfe wages runne away he is to be pursued burnt in the face with some letter for a marke If any mariner do commit any outrage to the master he is to be seuerely punished according to the offence And if they combine or conspire against the master whereby he may be driuen into some other harbour or receiue great detriment to the ship and goods all is to be punished both by wages life and goods accordingly If the ship become assailed by Pirats or Frybuters the mariners are to defend the same and to assist the master and if they be found partakers in the taking of the ship they are to be beheaded for it If a ship be in danger at sea by tempest or stormes the mariners are to do their vttermost endeauours to helpe the master to saue the ship and goods and if cast away to helpe to saue the furniture thereof as also the goods and merchandises and of them to haue some recompence for the sauing and by default to be punished by all meanes whatsoeuer When a ship is to be prepared or set forth it must be done with a free and good will and that all things may be bought at the best hand wherein one or more persons may be imployed with the Master taking care to bestow all things in some conuenient place with the consent of the Owners that the flesh be wel salted and preserued and all other victuals prouided to be shipped at the appointed time all with good order and direction But when a Master of a ship doth victuall in some other countrie where he hath no Owners he must alwaies buy all things as good as he can and thereof keepe a true and iust account wherein if he be found to haue dealt fraudulently he is to be punished for a theefe Therefore to prepare all things whereby a voyage may be sooner accomplished the Magistrates are to take care as well as the Owners to further the same so that the Merchant or the fraighter of the ship making the goods readie to be laden may find the ship readie at the appointed time agreed vpon vpon forfeiture of the whole fraight No Master of a ship shall for himselfe alone or his Owners deale or lade any merchandise and goods in the ship without the knowledge of the fraighter of the ship but do all things orderly And whereas it may happen that in the preparing of a ship some of the Owners may not agree to the same most voices shal ouer-rule the same as the manner is in all sea-lawes and then money may be taken vpon the ship for his part by Bottommarie called Faenus nauticum Of Bottommarie The Master of a ship hath no power to take vp money by Bottommarie in places where his owner or owners dwell vnlesse it were for so much only as his part commeth vnto in the said ship otherwise his owne goods and not the ship is to answere the same But when a Master is out of his countrie and where he hath no Owners nor any goods of theirs nor of his owne and cannot finde means to take vp by exchange or otherwise and that for want of money the voyage might be ouerthrown then may he take mony vpon Bottommarie and all the Owners are liable thereunto otherwise he shall beare the losse Of Admiralty When ships do enter into Admiraltie one with another whosoeuer breaketh the Admiraltie is bound to answer the damage which shall happen thereby If he haue it not in money he shall make satisfaction by all other meanes If a ship at sea be in daunger so as goods must be throwne ouer-boord Of goods cast or Aueridge these cast goods are to be answered by ship and goods as an Aueridge wherein the Owners and goods on boord pay all pro rata If a Master cut his Masts or Sailes by stormie weather the Merchant is to beare part of the losse but not if the Mast do breake or the Sailes be blowne ouer-boord The rating of the goods lost and to be cast into an Aueridge is to be reckoned vpon the ship as the same may be valued to be worth and that for so much as he must take the same if the Merchants will suffer it and the like to be done in the appraisement of goods and the ships fraight When Merchants goods are taken at the seas some of one man some of another mans euerie one is to beare his owne losse vnlesse it were otherwise agreed before the setting forth of the ship If a ship breake on the seas or be cast away Of shipwreck and goods found at the seas wherby it cannot make his voyage then there is but halfe fraight due for the goods saued When a ship receiueth damage vpon the sea by the Maisters negligence and bringeth neuerthelesse the Merchants goods home the Master is to haue his full fraight but for the goods which he bringeth not there is no fraight due and if any be damnified he is to make good the damage If any man find any ship-wrecke goods vpon the coast or in the seas driuing neere the ship and fisheth vp the same he is to answere the same to the next Magistrate or iurisdiction thereunto adioyning be it towne or countrie and the finder shall haue for his labour and paines the twentieth part But if it be stolne goods vpon the seas then he is to haue ¼ part When there is shipwrecke apparant to be on the seas the Master is to see the persons to be landed first then to saue the goods tackle apparrel and all the furniture and of that which is saued consideration for it is to be made by the arbitrement of honest men If so much be saued of the ships furniture as the fraight commeth vnto then are full wages to be paied to the Mariners When two ships at sea cannot shunne one another and both sustaine damage vpon proofe made by oath not to be wilfully done Of other damages at the seas it is ended If a ship vnder saile do run vpon another ship at anchor and sinke the same or commit other damage the partie offending shall
of Antuerp They deliuer 27 and 28 Rooues in a Pipe But Oyle measure by 40 and 41 Rooues in the Pipe Ansoy or Bastard 2 Pipes 16 Stoops for the said 6 Ames PORTVGALL Lisborne 37½ Almudas of 1½ Rooues of Seuill Euery Almudas is 12 Couados or Somer at Seuill Cauodo is 4 quarts Oyle Measure by Alqueri or Cantar euery Alqueri 6 Couados euery Cantar 4 Stoops of Antuerp Algarue 34 Starre ITALIE Florence 16⅔ Barrells of 20 Fiaschi or 18 Stoop of Antuerp the three Barrels is one Star and Star is 54 Stoops Antuerp Rome 7 1 7 Brenten euery Brent 96 Pockall or 13½ Rubes or stones of 10 ll of 30 ounces in one Brent or 42 stoops of Antuerp for Hony the pound is 44 ounces Candia 80 Mostaches in Butt of 34 and 35 Mostaches of 3 ¾ Stope Bolognia 13 Corbes Padua 1 1 25 Cara. The Oyle is by Millier of 1185 ll is at Antuerp 1100 maketh 152 Stopes in one Butt Venice 80 Mostati the 38 make one Butt and 76 an Amphora 16⅘ Quarti Besontz measure the 4 one Bigontz Bigonts is a French Hogs-head one quart eighteene Stopes of Antuerp 15⅖ Quarti measure Secchio or small measure of foure Tischaufer Amphora 4 Bigonts or Bigontines 16 Quarti Bigots measure 18½ Quarti Secchio Lagel is a Puncheon Amphora is two Ames for Oyle they measure by Amphora also and for Hony but most by Milliar of 1210 ll Verona 1½ Cara. 14 Brentes euery Brent 16 Basses Oyle by Milliar of 1738 ll is Brenten 8 11 Basses Ferrara 12 Mastelli of 8 Seccheio Vicenza 1 1 26 Cara the Oyle by the Milliar of Venice Treuiso 11 Consi the 10 one Cara. Corfu 37 Zare or Sare Zante 37 Zare or Sare Istria 15 Venas Prian 12 Vrna Tunes 60 Matali of 32 Rotules Tripoli in Barbary 45 Metares of 42 Rotules Constantinopolis 180 Almes 96½ Almes of Oyle is at Venice a Milliar Calabria 8 Salmes Puglia 8 Salmes are French Barrels Oyle also 8 Salmes euery Salme 10 Star euery Star 32 Pignatoli Of the Correspondence of Beere Measures THe Barrell of Beere is made according to the Ame of Antuerp and against spilling accounted 54 Stoops in Flanders and Brabant The Barrell of Beere in Holland containeth 54 Stoops at Amsterdam 56½ Stoops accounting 60 Stoops for 64 Flemish At London the Barrell of Beere 36 gallons beere measure is 48 gallons wine measure Euery gallon of Beere is iust two Stoops in Flanders and at Amsterdam 1⅔ Stoops The Barrell of Lubicke is iust 50 Stoopes of Antuerp The Fatt of Dansicke containeth 180 Stoops of Dansicke is Antuerp 81. Old Measures of the Romanes THe Latins and ancient Romans had Doleum which was 1½ Culeus which was 2010 ll weight of Antuerpe Culeus did containe 20 Amphora being Amphora 80 ll Mensurales and Ponderales 69 ll maketh the Culeus 1380 ll of Antuerpe Amphora is yet almost in vse in all Italie and Germanie was also called Cadus Quadrantal being a Tubb portable betweene Tu of a great foot Cubice also Ciraminium vini is as at London the bushell of corne of 8 gallons of wine weighed 60 ll of Antuerpe Vina is ½ Amphora Quod vrinet was a leaking bucket also a tankard wherewith water is carried at London Three Vrnas was 16 Stoops or a Sestier waighing 34½ ll Congius was a pottell of farewel of 1½ stoope or an English gallon maketh at Meysen 3 pots weigheth 8¾ ll Campsaces is the same Sextarius is ⅙ of Congeus or about one pint of Antuerpe There was Sextarius Castrensis of double the measure which was vsed in the warres to euerie souldier one daily weighing 23½ ounces Hemina is at Antuerpe and Meyssen halfe a pint called also Allabastrum Triblium an oyle glasse weighed 11½ ounces Acetabulum was a goblet to bring vineger to the table of 3 ounces Ciatus in Germanie Bacherline is 4 spoone-full or a small romerken weighing 2 ounces is the bignes of the egge of a hen Culeus is 20 Amphores 40 Vrnas of 4 Congios 160 Congios of 6 Sextarios 960 Sextarios 1920 Heminas 3840 Quartas 7680 Acetabula 11520 Clatos or Ciatos Measures of the Grecians MEtrices a metiendo called Artaba by the Aegyptians is 16½ stoop or a Sestier waighing 100 ll at Antuerpe Chus is Congius Romanorum about 1⅓ stoope a drinke of farewell which they did drinke one to another weighed 8¾ ll Cotila is Romanorum Hemina the Spartans in their feasts gaue no more to euerie one is halfe a pint The king had 2 waight 11⅔ ounces Quartanius is ¼ of a pint weighing 5⅚ ounces Oxibaphum is as Acetabulum of 3¼ ounces or 1½ Ciatos Metreta Laconica was lesse as Amphora of the Romans of 96 Cotilas Modios or Medimios is 8 stoops of Antuerpe Metretes is 12 Chus or 144 Cotilas or 576 Oxibapha of 1½ Ciatos Bats or Bathis is ½ Metretes or 6 Hinas euerie Hina 8⅓ ll Logni is 5 Egges of ⅔ ll there were three sorts of Egges vsed Measures vsed by Physitians Metretes is 72 Sextarios of 4 Quartas 288 Quartarios or 12 Choas of 6 Sextar 72 Sextarios of 2 Cotilas 144 Cotilas 288 Quartas 576 Oxibapha 864 Ciatos Ciatos is 1½ Ounces 10 Dragma 4 small Mistra 3 great Mistra 2 small Conchas ⅔ great Conchas 5 Chemas 10 Cochlearia or Spoonfull Measures of Arabia Dorath is Albi Romans Amphora Iohem is Congeus Romanorum Dorath is 8 Iohem Cophinus 3 stoop 48 Kift Mares or Pontes 1 stoop 96 Corbin Dadix 4 stoops measures of 192 Kesiath Boetia 384 Cassich 376 Cuatum 2304 Salgerin Artaba measure of Aegypt is 72 Sextarios of 72 Nations knowne then in the world to be Collatum is 6 stoops Chenix a stoop Hidria is 9 stoops Phiala or Briala is a guilt cup. Of the correspondence of the Measures of Corne. THe differences of the corne measures are verie necessarie to be knowne of all merchants and masters of ships letting thereupon their ships to fraight the Last which is two Tunnes lading being the ground-worke of it vsed in all the harbors of the sea coasts diuersly Foure and twentie small Barrels are accounted for a Last as herring Barrels being 18 beere Barrels or 18 Ames of Antuerpe which are three Tunnes of wine and yet we reckon two Tunnes of wine for a Last for two Tunnes of wine weigh the weight of a Last of corne that is to say one hoghead 500 ll the 2 Tunnes 4000 ll accordingly and 12 Hogheads of corne waighing 350 ll the Hoghead besides the caske is 4200 ll But the corne is laden Ioose and filleth the roome full One pound of wheate containeth about 9 thousand graines of wheat and the Last of 4300 ll is so many nine thousand graines in a Last The corne measure most knowne is in Latine Modius a measure in Germanie a Molder in the Low-countries a Mudde in France Muy and the Last differing in so many places it is not amisse to account the weight of a Last of wheat
Albeit that the Romanes inflict the paine of the whole fraight vpon the Merchant especially if hee take out his owne goods againe for then is the fraight thought to bee deserued But if the Ship in her Voyage become vnable without the Masters fault or that the Master or Ship bee arrested by some authoritie of Magistrates in her way the Master may either mend his Ship or fraight another But in case the Merchant agree not thereunto then the Master shall at least recouer his fraight so farre as hee hath deserued it For otherwise except the Merchant consent or necessitie constraine the Master to put the goods into another Ship worse than his owne the Master is heerein bound to all losses and damages except that both the Ships perish that voyage and that no fault nor fraud bee found in the Master Admiraltie Cases In the yeare 1587 the like matter was in question with fiue Ships comming backe without their lading from Ligorne and Ciuita Vecchia into England whereof my selfe was one of the Merchants that had fraighted them and did intend to receiue lading there in Allome But the Gallyes of Don Andrea Doria intending to surprise those Ships the Grand Armada being preparing in Spaine they came all of them away without their lading some two of these Ships had lyen out all their time conditioned by their Charterpartie to take in their lading and the Masters had Notariall protests against the Factors that they should haue laden them These were by the Law of Admiraltie adiudged to haue deserued their whole fraight Two other ships hauing not staied there their abiding dayes nor made any protest as aforesaid could not be found to haue deserued any fraight at all although they were laden outward bound The fifth Ship had a condition or prouiso in her Charterpartie That if it should happen that in her comming backe out of the Straits shee should be taken or cast away neuerthelesse the fraight outwards which was accounted halfe should bee payed Condition maketh Law and that halfe was adiudged vnto the Master and no more hauing not tarried there his appointed time And if this prouiso had not beene he could not haue recouered any thing for when Ships are fraighted going and comming there is nothing due for fraight vntill the whole Voyage bee performed So that if shee perish or bee taken in the comming home all is lost and nothing due vnto her for any fraight outwards whereof I haue also had experience by another Ship It is also accounted for a fault if the Master put forth the Ship to Sea either without a skilfull Pilot or without sufficient furniture and necessaries according to the ordinarie clauses of the Charter-parties or as in the precedent case that the other Ship in which the goods were last put in bee not sufficient or that the Master doe in an vnlikely time put foorth to Sea The Emperors Gratian Theodosius and Valentinian in times past did expresly forbid that no man should aduenture vpon the Seas from Nouember till Aprill Sed Tempora mutantur nos mutamur in illis Alwayes it is a great fault by the Law to put to sayle out of any Port in stormie and tempestuous weather Item if a Master set forth his Ship for to take in a certaine charge or lading and then takes in any more especially of other men hee is to lose all his whole fraight for by other mens lading hee may endanger the Merchants goods diuers wayes And in such a case when goods by stormes are cast ouer-boord it shal not be made good by contribution or aueridge Aueridge but by the Masters owne purse For if hee ouerburthen the Ship aboue the true marke of lading hee is to pay a fine Item if a ship do enter into any other Port or Harbour than she was fraighted for against the Masters will as by storme or some force then the goods shall be transported to the Port conditioned on the Masters charges but this must be tried by the Masters oath and of two of his Mariners or else the Master may be in further danger If any man compell the Master to ouer-burthen Ship or Boat he may therefore bee accused criminally and pay the damages happening thereby Item if a Merchant put in more goods into a Ship than was conditioned then may the Master take what fraight hee please By the Romane Law it is imputed for a fault to the Master if hee direct his course by wayes either dangerous thorough Pirats enemies or other euill aduentures Also if hee doe carrie the Flag of other Nations and not his owne and thereby incurre any losse or dammages For as Packes Pipes and all goods should bee marked with the proper markes of the Merchant to whom they appertaine So should Ships bee discerned one from another by their owne Flag The ordinarie Charter-parties of fraightments of Ships made and indented betweene the Master of a Ship and a Merchant or many Merchants in fraighting a Ship together by the tunnage Fraightings by tunnage where euery Merchant taketh vpon him to lade so many Tunnes in certainety are made as followeth Mutatis Mutandis which is done before Notaries or Scriuenors A.B. Master of the Good Ship or Fly-boot called the Red Lyon of Ratclife of the burthen of 120 Tunnes or thereabouts riding at Anchors in the Riuer of Thames acknowledgeth to haue letten to fraight vnto C. D. the Merchant his said Ship and doth promise to prepare to make readie the same within tenne dayes to take in such goods as the said Merchant shall lade or cause to be laden in her to make by Gods grace with the first conuenient weather and wind after the expiration of the said dayes a Voyage from the Citie of London to the Towne of Saint Lucar De Barameda in Spaine and there to deliuer all the said goods well conditioned and in such sort as they were deliuered vnto him to such a Merchant or Factor as the Merchant the fraightor shall nominate and appoint according to the Bills of lading made or to be made thereof and there to remaine with his said Ship the space of twentie dayes to take in and receiue all such goods as the said Factor or any other by his appointment shall lade into her and as the said Ship may conueniently carrie and being so laden to returne backe againe for the said Citie of London and there to deliuer the said goods also well conditioned to the said C. D. the Merchant or his assignes And the said Master doth further couenant with the said Merchant that his Ship shall be furnished with twelue able men and a boy tenne pieces of yron Ordnance namely two Sakers six Minions two Falcons and eight Muskets with Powder Shot and all things necessarie as Cables Sayles Ropes Anchors and Victualls requisite for such or the like Voyage c. And hereupon C. D the Merchant and Fraightor doth likewise couenant with the said Mâ—ster or all the
pay for all and the ship shall also be liable thereunto according to indifferent iudgement If by storme a ship breake loose and run vpon another and indamage the same the losse to be repaired as aforesaid If a ship receiue damage by the anchor of another ship hauing his boy the same is to pay the damage and if both ships be in fault then the same to be borne proportionably When a ship is safely arriued to his place of discharge the Mariners are to be diligent to looke to their discharge Of discharging of ships and deliuering of goods vpon paine of halfe wages No Master shall sell any of the ships victuals vnlesse it were to preuent some losse and so bring the money to account or vpon necessitie of others to helpe them in distresse and the remaining victuals he is to deliuer to the Owners and the Mariners shall take no part thereof after discharge and the Purser of the ship is to looke to the safe keeping of it The Mariners are not to cast the ballast into the water but to cause the same to be carried to the appointed place Of the Masters reckoning and of the lading c. The Master is to deliuer instantly vpon his discharge a true account c. The portage of Mariners shall not bee allowed for Spaine nor France c. but when they are laden with salt then they may haue it homewards Of wagesextraordinarie The mariners deseruing well are to haue certaine extraordinarie wages and in all accidents and sicknesse to be prouided for all which is agreeable to the sea lawes before declared CHAP. XXXIIII Of Nauigation and Communitie of the Seas TRafficke and Commerce without Nauigation would be of small moment therefore euen as God the Author and Creator of all things hath made of the waters and earth on perfect globe for their more mutuall seruice to mans vse so hath he also distributed his seueral and distinct Blessings to diuers Climats to the end that by supplying the barrennesse of some things in one countrie with the superfluities and fruitfulnesse of other countries there might be a communication and entercourse betweene all nations by way of Traffick and Commutation of things interchangeably whetby one Common-weale should liue with another so that Trafficke betweene all people hauing peace one with another is free And according to the common right of mankind The law of Nations â—ure Gentium the Nauigation through all the world is no lesse free and open to euerie one than the vse of the ayre God hauing so disposed of the foure Eliments two to swim aboue mans head and two to lie vnder his feet the Earth and the Water Hence it proceedeth that passage both vpon land and sea through all Christian regions is and hath beene so indifferently permitted to all persons of all nations euen to Turkes Iewes Barbarians and Pagans not being professed enemies much lesse to be restrained therefore of Christians in all respects both by land and vpon the seas vnderstanding the great maine Ocean seas which cannot be hindered but by the right of wars This excellent art of Nauigation is now so much practised and knowne that the voyages heretofore performed by sir Francis Drake knight and after him by master Candish sayling round about the globe of the earth in lesse than three yeres time is become no matter of admiration and may be done in far shorter time as dayly experience doth proue Maruellous is that naturall propertie of the Magnes called the Loadstone or Adamant stone Of the variation of the Compasse whereby the needle of the Compasse being touched immediately turneth to some one certaine point of the heauens and after sundry motions hither and thither findeth rest onely in one place and point And albeit this point in seuerall Horizons be different yet in any one Horizon it remaineth permanent and therefore it plainely appeareth that the same proceedeth of some constant permanent cause naturall and not of any vncertaine cause accidentall but what this cause should bee is hitherto vnknowne The most probable and best allowed is the point Attractiue which should be of such vertue as to draw the needle touched alwayes towards the same point affirming that there is a great rocke of Magnes stone distant from the Pole certaine grades I haue of late yeares seene a Magnes stone which the partie said to haue had from a rocke in Sweathland which weighed not much more than one pound and such was the Attractiue power of it that thereby an Anchor of thirtie pound weight was drawne vp as my selfe and diuers others haue made triall of howsoeuer this Mathematicall reason following is worthy the consideration of a good iudgement As the Axis of the earth notwithstanding all other motions remaineth as it were immoueable and yet in respect of the Sphericall forme of the earth in euery seuerall Horizon maketh a line Meridionall by reason of the Section made in the superficies of the Horizons by Meridians hauing all that Axis as their common Diameter So may it also come to passe of the line of the needle and his variation the needle being alwaies permanent in one plaine superficies according to the seuerall Section of the plaine wherein it resteth and the Horizon there may continually bee made in euerie plaine new variations For a fimile as in a paire of ballance of equal weight there is a certaine motion too and fro before they find their true place of rest the same being onely in the leuell of the Horizon which commeth to passe by the Attractiue Center of the earth who drawing vnto him either weight with like foâ—ce finding the substance like also compelleth them to rest in the superficies like distant from that Attractiue Center so in the needle being a bodie indued with two seuerall properties the one of Grauitie and the other of Leuitie which being equally peized forceth him to abide in the Horizon the other being Magneticall and receiued by the touch causeth him to rest alway in that one Meridian to the Magnes appropriate it thereby commeth to passe that after sundrie ballancing this way and that way it onely settleth in the common Section of this peculiar Meridian and Horizon So that euen as in Dialls the line of the stile onely accordeth and concurreth with the Meridian line in such as are void of declination but in all such plaines as are declinatorie the line of the Stile varieth from the Meridian line and the same Angle of variation also altereth as well in respect of inclination as declination so it may be supposed this variation of the Compasse to be nothing else but the Angle comprehended betweene the Meridian line and the common Section of the Magneticall Meridian to the Horizon in the Horizonceall plaine and this Angle to bee alwayes exactly equall to the Angle contained of the Meridian line and line of the Stile the Longitude of the place proponed accounted from the Magneticall Meridian being equall
publike seruant A Wager vpon a sonne or a daughter to be borne is good in law and if it be a Hermophrodite of both sexes then iudgement is giuen according as the naturall inclination shal be found to be more masculine or feminine Ambiguitie or Equiuocation in Wagers And in all Wagers wherein ambiguitie or equiuocation doth happen there must be a naturall moderation in the construction of them for an euill custome loseth her name and becommeth vsurpation as is before declared If any man by the inducement or fraud of a third person lay a Wager that such a woman shall be deliuered of a sonne when she was alreadie deliuered the Wager is not to be allowed and if the Midwiues are partakers herein they are to be punished and incur Crimen Stellionatus If one lay a Wager to run with another and afterwards doth refuse to runne hee may be compelled thereunto or the stake is lost for hee committeth no deceit which preuenteth a fraud The captation or aduantage taken vpon words ought therefore to be excluded and wagers are to be made in plaine termes and to be construed accordingly Fallere fallentem non est fraus Wagers between Merchants are many times more done for sport and recreation than for gaine for ouer great wagers are against good manners and may concerne a Merchant much in reputation and credit more than the playing for great summes of money which many times Merchants doe vse with the obseruation of a conuenient time and as the Prouerbe is With good fortune otherwise the end of it is dangerous for as nature produced all things in due time so is moderation required in all actions CHAP. XXXVIII Of Merchants Markes set vpon Commodities THe marking of Merchants commodities either packt vp in Bundels Trusses Cases Coffers or Packes is of great importance for not onely by the Custome of Merchants but also by the Ciuile Law the propertie of the goods and merchandises is adiudged to him by whose marke they are marked or sealed It is dangerous therefore to vse another mans marke as many times Merchants doe in time of warre when they lend their names and markes for the preseruation of their goods betweene two or more contending Princes both by Sea and Land Euery Merchant is to set downe his marke vpon his Bookes of account wherewith his commodities are marked Merchants markes to be set vpon their bookes of accounts And in like manner If a Company or Societie of Merchants doe agree vpon a marke the same is to bee set vpon the Bookes of that Societie and if that Company doe dissolue the said marke may remaine with the most ancient of that partnership by the Custome of Merchants whereof the Ciuile Law and the Law of Admiraltie taketh notice in their judicature and especially the Merchants Courts of Consulate And if the marke of one of the partenership bee vsed for all the same vpon dissolution of that partenership is to returne to the said partie and no man is to vse another Merchants marke without especiall leaue had and obtained of the partie whose marke it is For euen as Merchants doe saile betweene the two dangerous rockes of Scylla and Charibdis in their course of trafficke when Princes are at variance So is the danger to vse another Merchants marke without leaue because the partie owner of the said marke is to defend the said goods if they bee taken or to countenance the persuers of the sute in Law for them Danger to vse another mans marke c. as farre as they in reason may require otherwise the said goods may bee lost as soone as taken For as Ships are knowne by their Flags and so taken to bee at the Seas so are Merchants goods marked with another mans marke to bee that mans goods although it were not and will bee so adiudged in the Courts of any Admirall of the Seas experience hath prooued the same by two notable examples worthy the obseruation In the yeare 1586 or thereabouts Robert Lord Dudley Earle of Leicester was an Aduenturer for Barbary where hee sent some commodities by way of commerce vnto a certaine Factor that did deale for diuers other Merchants there to be sold for his account and to make returne vnto him of the prouenue thereof in Sugar and other commodities The Factor hauing sold some of the said goods considering the number of men of warre which were then at the Seas and the greatnesse of the said Earle thought good that all the Chests of Sugar and other commodities which he sent home to all his Masters in a certaine ship The Beare and Ragged staffe should bee marked with the Earle of Leicesters marke albeit the least part did appertaine vnto him the rather for that the most part of his goods were yet vnsold in Barbarie The ship arriuing within the Riuer of Thames no sooner were the Letters deliuered but the Earle laid claime to all the said goods pretending the same to be his because of his marke hereupon the Ciuilians were of his side for the point of Law and the Merchants were compelled to make their best compositions with him as they could agree and the Earle lost nothing thereby howsoeuer they sped In the yeare 1597 one Iohn de Bassadonna the sonne of one of the Magnificoes of Venice then resident in London had a certaine ship which was fraighted for Lixborne and so to goe for Venice according as the Master thereof was bound by a Charterpartie of fraightment and in both places to take in all such commodities and merchandises as the Merchant should lade or cause the said ship to be laden withal and to be discharged at Venice with the vsuall conditions of Sea-lawes The Venetian Flag This ship bearing the Venetian Flag of the Lyon of S. Marke was well receiued and welcome at Lixborn and euery man was willing to lade therein his goods for Venice neuerthelesse some Portugalls considering the dangerous times of warre did borrow the name of Italians and their markes also and caused their goods to bee laden as appertaining to the said Italians and made the Bills of lading and their Letters accordingly other Portugals were not so prouident but did lade their goods in their owne names whereupon the Master of the ship being sure of the one and suspicious of the other resolued to come with all the said goods first for England to take aduice whether this were a lawfull prize or not and being arriued at Plimmouth sent vp to know the Lords of the Councell their pleasure So the matter came in question with the said Bassadonna and was referred to the Iudge of the Admiraltie and diuers Ciuilians where the matter of the Flag was much respected in regard of the Seignorie of Venice as matter of State and the principall goods laden and marked in the name of Italians were adiudged cleere by the Law But the other goods laden and marked with their owne markes were taken for good prize So