first hee who beares charge over all the shippe and kippage is commonly called by us and most part of nations both now and of old and specially by the Romane lawes Navicularius or Magister Navis that is as wee speake Master of the ship by the Dutches Skipper by the Grecians Nauarchus or Nauclerus by the Italians Patrono But if the ship be a warfaring ship the principal person is commonly called Captaine by us and other neere nations The next to the Master is hee who directs the ship in the course of her voyage called by the French-men Pilot by Vs and the Dutche Steirsman by the Romans Gubernator by the Italians Nochiero Pilotto Nauarchus as Gerretus writes The third person is commonly called the Masters mate or companion chiefly if the Master be Steirsman himselfe this man is called by the Grecians and Romans Proreta his charge is to command all before the mast The fourth person is hee who attends upon the mending of the faulty parts in the ship called by us and the Dutches Timberman or Shipwright by the old Grecians and Romans Naupegus or Naupagus but by the late Grecians Calaphates for which cause the Emperor Michael was called Calaphates because his father had beene a Shipwright in Paphlagonia as witnesseth Egnatius and Volateranus and therefore the Venetians and Italians name their Timberman Calafatte The next person in order is hee who beares the charge of the shippes boat called by us Boatsman by the Italians Barchierie by the Grecians and Romanes Carabita for Carabus notes the boat of the ship The sixt person requisiâ—e in any shippe of great burthen is a Clerke by the Italians Scrivano whose office is to write up and make accompt of all things received or delivered in the ship together with all the ordinary and needfull expenses made upon ship kippage who for his more faithfull discharge should at his entry be sworne before the ordinary Sea-Iudge as is ordinarily practised in Ancona and other parts of Italy The seventh is the Cook a most necessary member as long as there will be bellies The eighth is the ships boy who keepes her continually in harbours called therefore by the Grecians Nauphylakes by the Romans Dietarius and by the Italians Guardiano All the foresaids are distinct in offices and names and therefore accordingly should also be distinguished in hyres and fees after the custome of the Country The rest of the persons of the kippage are under the common stile of mariners which the Romans call Nautas but they name those of the lowest and base degree as may bee the boyes and prentises in ship Mesonautae and Nautebatae as who should bee ready at command to climbe upon the tewes or to such common service in the ship TIT. VII The fraughting of Ships NO Shippe should be fraughted without a charter-partie written and subscribed containing both the Master and Merchant and the name of the Ship that no doubt may arise and likewise that the Master shall finde a sufficient Steirsman Timberman Shipman and Mariners convenient Shippe-tycht masts sayles tewes strong anchors and boat fit for the ship with fire water and salt on his own expences And this charter partie among all the westerne Merchants and those of the great Ocean usually is made to perâ—orme all things requisite by the lawes of Oleron And if there be no Writing but an Earnest then the Merchant if hee repent or rew loseth his Earnest but the Skipper if he repent loseth the double of the earnest or arles If the ship be not ready at the day appointed in the charter-party to goe to sea the Merchant may not onely free himselfe of her except he hold his peace and discharge her not for then by his silence he appeares to consent of new but also shal or may obtaine all charges scathes and interest Except the Master shew some excuse of a notorious necessitie or of a chance that could not bee eschewed and then hee loseth onely his fraught because hee hath not deserved it But if the fault be in the Merchant he shall pay the Skipper and shippes dammage or according to the Rhodian law shall entertain the kippage and company tenne dayes and if then he stay longer shall pay the fraught of all accordingly and further shall upset all hurt and damage hapning by fire water or otherwise after the time appointed It is true that the Rhodians charge the Merchant in this case onely with halfe fraught the Skipper with the whole fraught if he faile albeit that the Romans inflict the pain of the whole fraught upon the Merchant specially if hee take forth his goods againe for then is the fraught thought to be deserved But if the ship in her voyage become unable without the Masters fault or that the Master or Ship bee arrested by some Magistraâ—e in her way the Master may either mend his shippe or fraught another but in case the Merchant agree not therunto then the Master shall at least obtaine his fraught so farre as he hath deserved it For otherwise except the Merchant consent or necessitie constrain the Skipper to put the goods in another ship worse than his owne the Master is holden for all losses and damage except that both the ships perish that voyage and that no fault nor fraud be found with the Master Also it is recounted for a fault if the Master put forth the ship to sea either without a skilful Pilot or without sufficient furniture necessaries according to the clause ordinary â—f charter parties or that the other ship in which the goods were last put in be not sufficient or that the Master hazard forth to sea in an unlikely time Yea in former times it was forbidden expresly as by the Emperours Gratian Theodosius and Valentinian to hazard upon sea from November till Aprill As also by the Kings of Scotland from S. Iudes day till Candlemas And alwaies it is accounted by the lawes for a fault to make forth of a Port in time of a manifest storme Item if a Skipper set forth his ship for a certain charge and then takes in any more he ought to lose his fraught justly And in such a case when goods bee cast through storme it shall not be made good by any contribution but by the Skipper his owne purse And if hee over-burden the ship above the birth marke he shall pay a fine Item if a Ship Port at any other Port then she was fraughted to against the Masters will as by storm or some force then the goods shall be transporâ—ed to the port conditioned on the Skippers charges but this thing also must be tried by 〈◊〉 oath of the Skipper and two of his Mariners or else the Skipper may bee in
thereby Except things borne upon a mans body victuals and such like put in ship to be spended and therfore should not scott and lott with other goods in so much that when they become scant and wanting each man is bound to communicate the same one to other But here it may be asked whether yet should all kinde of cast goods be up-set and made good by contribution as for example the goods transported above the overlap and goods forbidden to be transported Sure if such goods happen to be the cause of any scathe and danger the master who received the same within his ship shall beare the losse and also be criminally pursued therefore But if goods unadvisedly without consent of the owner thereof be cast out on the sudden then may he himselfe upon his conscience esteeme his owne goods to the just worth because the company hath that way by their rash dealing lost the priviledge they had to estimate that goods In like manner the ship geare and apparell wracked by storme imports no more contribution then if a workman breake or spoyle his work-tooles or instruments in his ordinary work except in the avoyding of a danger as the helving the maste over-boord or the slipping of a Tow-anchor or boate upon just feaâ—â— or at the desire of the Merchaâ—ts But that should be alwayes proved by the oaths of the ship-men for concerning all facts within house or ship credit must be given to the domesticks and company familiar Also if goods be put in without the master and clerks knowledge if they be cast they shall have no contribution TIT. 18. Of contribution for Pirates IF ship or goods be redeemed from a Pirate contribution shall be made therefore by all because the redemption is made for the safety of all But if the Pirate be once Master of all and yet take but some speciall goods whether from ship or Merchant and not as a contentation for the sparing of the rest it should appeare in this case that seeing the remnant is not safe hereby but freely spared that no contribution should be made for the taken goods For oftentimes Pirats take but things at their pleasure and not of minde to spoyle Yet now adayes because this chance of taking at pleasure concernes in common judgement the rest of the goods as subject to that same pleasure of the Pirat therefore should it be also in common upset by all to whom that chance is common TIT. XIX Of contribution for spoyled and spilt goods IF through the losing of any cast goods or upon any needfull occasion the remaining goods be spoyled either with wet or otherwayes a contribution shall be made proportionable for so much as they are made worse TIT. XX. Of contribution for lightning and disburdening of ships for their easier entry to the Port and for other chances IF it be needfull to lighten a ship of her burden for her easier entry to Port or channell the two parts of the losse fall upon the goods and the third part on the ship except that the shippe surpasse in worth the loading or that the charge of goods bee not the cause of her inability to enter but some bad quality proceeding of the ship it selfe Or that otherwayes it be provided in the charter-partie that the goods shall be fully delivered at the Port covenanted and appointed for then condition makes law In which case it is to be also observed that if by occasion of lightning the goods which are put in the boat or Lighter perish the ship and remaining goods in ship shall upset the same But on the contrary if the ship and remaining goods perish after the Lighter is once safe no contribution shall be set upon the goods in the Lighter because the rule is constant that onely then should goods be liable to contributions when ship and goods come safe to Port. Item contribution should be for the Pilots fee that is taken in to guide her into an unknowne Port as also to raise the Ship off ground when the fault is not in the Master Even so if two ships rush and crosse one over another and the company sweare their innocencie as that it lay not in their power to stay the same contribution must be made for one equall upset of both their losses But not so if one of them perish because of that mishap there can be no due proportion of the losse for if it were otherwise a malitious Skipper might of purpose set an old weake ship against a strong ship in hope of some upset and recompence And yet for redresse of the lost shippe an action may be to the owner against the negligent Master or the Mariner who losed her or cut her cable which action is called Legis Aquiliae for dammage and scathe done And therefore if such a chance befall in the day light by a ship under saile against a ship riding at anchor then the Master of that sailing ship shall make good the dammage or scathe of the other to the extremity and the like shall be done if in the night the riding ship hold fire and light forth or make any crying to forewarn the other It also pertaines to this argument if some sort of goods as salt or corne be laid on heap by divers partners into a shippe without distinction and that the Master deliver to any of them their due measure and before the rest receive their measures the remaining salt or corne washes or looses he that had the good luck to be first served enjoyes it fully without any contribution to the rest of the partners i because when this goods was put into the ship it was delivered to the master tanquam in creditum and so he is become owner as of lent money which men are not holden to render in the selfe same pieces but in value or such like coyne except there be some other condition past before which in all affaires maketh law Neither can this be imputed for any fault to the master because of necessity he behooveth to make delivery to one first before another TIT. XXI Of the common manner of contribution and execution thereof IN setting of contribution or rates things must be estimate in manner following First the goods cast spoiled or reft to the price they cost if their chances did happen before midde voyage but if after the midde voyage then to the price the rest of the same goods attaine to at the market because there is here a consideration rather of losse and scathe than of any gaine And because domage and losse should be drawne as it were in streite and gaine and vantage spredde forth and extend according to Harmenopolus sentence spoyled and lost goods should bee set to the common worth and not after mens affections except onely in goods unadvisedly cast wherein for the correction of
the Captaines Commanders Companies of the Prince his warfare-ships the graces vertues required in them with their duties power and preferment Captaines of Princes warfare-shippes should be men first fearing God because they must continually walke in the midst of the wondrous workes of God Next they should be stout hardy and couragious Thirdly vigilant diligent and carefull and therefore very temperate on Sea specially because their imployment as it is full of hazard and danger even so are their occasions and opportunities sudden and momentanie Therefore their commandement and power over their company not onely surpasseth the power of Masters and Commanders of private shippes but also that of the Captaines on land and therefore their honour and estimation every way higher also because of their greater charge care and hazard Their duty toward their company is first that they chuse such as bee free from hainous and scandalous offences Next that they suffer none of their company to bee idle but to punish as well the sluggard as the rebellious yea even those who are irreverent towards them and againe should with all loving care see to the due food of their company heare their mutuall plaints hold them in peace by all obedience visit refresh and with all helpes comfort the hurt and diseased As for the Captaines their other duties to the Prince and Admirall with their owne priviledges they are all gathered out of old customes and at large set downe in that Booke called L' Admirall de France TIT. XXIX Of Watermen and Ferriers FErryers and Watermen are bound to serve all true Lieges for their due fare so that they may be compelled thereunto and most justly because it was in their owne hand and power from the beginning to give and apply themselves to that calling and trade or not And if therefore they faile it shall be according to the law of Scotland a point of dittay or inditement against them in the first Iustice-court and if they transgresse unto the third time they may be suspended from their trade except they can alleadge a just cause as of feud or hostility Item it is ordained for the easier boating and landing of men and beasts that Ferriers make and have ready fit and convenient bridges or else to lose their Boats Lastly Ferriers and Watermen are no lesse bound than Skippers and Masters of shippes to render againe what-ever they receive to bee carried within their Boats But concerning their ordinary fares and hires it is neither needfull nor expedient in this place to recite the divers statutes made thereupon because that first they are at great length set downe in the Statutes of England and Scotland next because their fraughts have beene according to the rate of times changed and altered even to the triple as specially in Scotland So that now also according to the condition of this time their portage fraughts or fare may be of new considered by his Majestie or Admiralls according to the quality of the boats and the space of passage and time either shorter longer or hazardfuller during their service but with a due Proviso for the repressing of their rude and uncivill manners For truely if the Roman Iurisconsults might of old by any reason call Mariners in generall Pessimum genus hominum which in these latter dayes for the most part is amended partly through Christianity and civill conversation partly by good lawes praise be to God then may wee now use that same still at least against the most part of Watermen and Ferriers as requiring to be reformed or at least by correction repressed TIT. XXX Of Shipwrights TO conclude this Treatise there remaineth a speciall sort of persons to be considered and respected as the forgers and framers of the instrumentall causes of all Sea-faring to wit Shippe-wrights and builders of Ships or Boats called by the Romans imitating the Grecians Naupegi and by the Italians following the latter Grecians Calafatti as is above described and therefore subject to the jurisdiction of the Admiralty as accountable to the Admirall and his Iudges as accessories of sea causes for their skill diligence and dutifull discharge in every respect by a frame not onely likely comely but a worke also strong ticht and durable or else they must undergoe the pains of the law called Lex Aquilia that is to say all costs and scath happening by their unskilfulnesse negligence or what-ever other fault or amisse And therefore first touching the materials they should not onely furnish the same good and sufficient but also if the furniture pertain not to them they must refuse to take from the furnishers bad and vnmeet geare and stuffe for the worke As for example Aller Beech trees and such like brickle and naughty timber for salt-water or for the seas Neither should they put greene timber in worke but ought to fore-see if they can that their wood be cut downe either at the wane of the Moone and in the deepe of Winter or at such time as experience declares wood to be most solide and durable For timber cut at the contrary times is commonly full of moysture and therefore being afterward dryed becomes clung and open to receive water The like care and skill is required in the iron and all other necessaries to the end that the workes may prove strong durable right and comely This being done it resteth to consider their hires and fees which because they ordinarily depend on the conditions agreed upon with the party which also commonly is cavelled withall before a full performance of their worke upon surmises and quarrels therefore to occurre to all such doubts and discords the contracts of such bargaines should be after the example of other seafaring dealings made before the Admiralls deputy or Iudge and registred in their bookes Last of all as Shippe-wrights were of old so are they also of late forbidden under paine of treason to communicate their skill and Art to enemies and barbarous people Likewise they are forbidden as are also all other societies of handy-crafts-men and trades-men to conspire among themselves to enhance their wages or hire or to receive excessive wages FINIS a Gellius lib. 7. Cap. 3. b Strab. geogr. lib. 12. cap. 14. c Ibid. d Vide Il. Rhodior in prin e L. deprecatio ad L. Rhod. eâ— c. rhodiae leges distinct 2. f L. 1. sect licet de exerc act g Suetâ— ca. 218. h De situ orbis i Lib. 7. natur histor vide â—zechiam c. 27. k Dotimus in lib. suo legoli l Vide act par lia Scot. m Vide statut Ang. a L. 1. de exercit act b L. 1. ad l. Rhod. a Livius lib. â— b L. Seius Saturninus ad S. C. trebell c Vide fragmenta ascripta Polybio d Vide Alberic ad novell 17. 24. e L. Ã proconsulibus C.
AN ABRIDGEMENT of all SEA-LAVVES Gathered forth of all Writings and Monuments which are to be found among any people or Nation upon the coasts of the great Ocean and Mediterranean Sea And specially ordered and disposed for the use and benefit of all benevolent Sea-farers within his Majesties Dominions of Great Brittain Ireland and the adjacent Isles thereof By WILLIAM WELVVOD professor of the Civill Law LONDON Printed by the Assignes of Ioane Man and Benjamin Fisher 1636. TO THE HIGH AND mighty Prince Iames King of Great Brittaine France and Ireland c. IT pleased your M. some yeers past most graciously to accept of this birth in the great weakenesse and in fancie thereof Therefore is it that now being strong and by all warrants inarmed it most thankefully returnes offering service to your M. even for all the coasts of your Highnesse dominions upon hope to merit your former grace Your M. most humble subject and daily orator W. Welwod To the right Honourable LUDOVICK Duke of Lenox his Grace c. Henry Earle of North-hampton c. and Charles Earle of Notingham c. Lords Admiralls of England and Ireland of Scotland and the Iles and of the Cinque Ports HAving intended a painefull new labour upon a rare and necessary argument as for al Sea-farers so also properly pertaining to your Honours my most noble Lords I could not but of due salute your Honours as the keepers of Sea-lawes for a refreshing remembrance and needfull consideration of that most honourable estate and high office presently and I hope happily allotted unto you I meane the Admiraltie of his M. dominions a charge both ancient from many hundreth yeeres in this I le and most honourable by the personages your predecessors bearing the same as being all either sonnes brothers uncles or cousins to Princes or at least for action most famous With all the which that your Honours may the better ranke and match surely as the condition of these daies craves so the best disposed wish that as you be every other way Noble your nobility may be crownd with a carefull attention to the speciall parts of the Admiraltie requiring the same to a memoriall surpassing all ancesters I meane the conservacy jurisdiction and priviledges thereof The jurisdiction albeit it bee most faithfully and diligently exercised and namely in England by Sir Daniel Dunn and Doctor Trevor most learned sincere and worthy collegues Iudges in the high court there yet the daily thwarting and curbing of the processe of the Iudicature urges a clearing or designing of the limits and marches to a better distinguishing thereof from all other jurisdictions ordinary without which due justice can neither be administred concerning the sea customes of which no court else can take knowledge for strangers traffiquing here importing no small staine to the King his justice nor yet for his M. lieges traffiquers on sea whose contracts and charter-parties ordinarily beare the clause of ruling by law of Oleroâ— a forraine law as all the other lawes of the Admirall court commonly are whereof no other Iudicature here can take cognissance To end this point Beside that which God in the heavens requires of the ministers of justice please you to remember that here below amongst men Nihil justitia popularius Consequently therefore the priviledges due for the maintenance of the Admiraltie and jurisdiction thereof would be vindicat from all sort of encroching and usurping But above all the conservacie as the chiefe point of that office requires security and safety in common for all loyall subjects traders on Sea specially for Fishers and others happily disposed to adventure and exercise the trade of fishing to the end that not onely a peaceable but also a full and plentifull fishing may bee enjoyed by the inhabitants of his M. kingdomes even according to that which God so freely and bountifully offers into their very doors For which cause the barbarity of the Ilanders would be repressed and strangers stayed from scarring scattring and breaking the shoals of our fishes namely upon our coasts of Scotland There could be no better employment for some at least of his M. shippes and companies Ne vel illi usquâ— turbent aut isti intercipiant quod nos capere oportet But I breake from this purpose remitting the same to the 27 Title of this booke hoping for a comfortable out-bearing and maintaining of that necessary and great dignity of the Admiralty by your LL. according to all the occasions of these quarrelsome times And so I rest by this present token devote to serve your Honours in my calling William Welwod The Contents THe Prohem containing the origin of the Sea-law page 1 1 The order of this Treatise 22 2 Of the Iudge ordinary in Sea-faring causes with his Iurisdiction and priviledgeâ— 26 3 Of the Admirall Clerke 45 4 Of the Advocates and other officers assistants for the speedier proceeding 49 5 Of the manner of proceeding in Seafaring causes 52 6 Of persons ordinary in ships 64 7 Of fraughting of ships 71 8 Of the Master of the ship his power and duty ouer the ship 83 9 Of the Master his duty to the Merchant and passenger and of his priviledges 90 10 Of the Masters duty to the Mariners 99 11 Of the duties and priviledges of Mariners 103 12 Of the Clerke of a ship 113 13 Of a Pilot or Steirsman 116 14 Of money bent to Sea or upon the Sea 119 15 Of the outreaders or furnishers the hyrers and owners of ships and of actions for them and against them 124 16 Of sundry partners of ships and their discords 130 17 Of casting of goods and contribution therefore 136 18 Of contribution for Pirats 142 19 Of contribution for spoyled goods 144 20 Of contribution for disburdening of ships for their easier entry to the port and other chances â—45 21 Of the common manner of contribution and execution thereof 152 22 Of priviledged ships 156 23 Of shipwracke 161 24 Of things found on the Sea or within the floud-marke 168 25 Of things taken upon Sea 175 26 Of Fishers fishing and traffiquers therewith 187 27 Of the community and propriety of Seas 200 28 Of war-ships and of the Captaines and company thereof 237 29 Of Ferryers and Watermen 243 30 Of Shipwrights 248 The Proheme containing the Origine of the Sea-law with the occasion of this Treatise COncerning the Argument of Sea-faring governement so farre as by any monumeÌ„ts can be observed our beginning must be at the inhabitants of the Iland called Rhode situate within the Mediterranean Sea in the part thereof called the Carpath sea upon the coast of Asia minor over against Caria The indwellers whereof amongst all other people we can reade of were most famous for shipping and Sayling and that not onely to the great increase of their power and wealth every way as by which they did command and daunt all other people about their coasts and seas in such manner that neither Pirat nor any sort
none speakes of the sea customes which is our principall argument To the end of which booke is annexed an halfe sheet of paper bearing consilia Roderici Suarij de usu maris Navibus vehendis a turne of small contentment 'T is true that Simon Shardius Anno 1561. promised this same compend and collect of sea lawes forth of all lawes which presently by Gods grace I intend but by death prevented could not performe it To conclude then since no man as I can understand hath set his pen to this my argument and purpose for the due information of every sort of sea-faring persons in every order whether Commanders Iudges Skippers Mariners Merchants Passengers Fishers Ferryers Watermen c. concerning their severall duties priviledges and powers and all manner of things pertaining or incident to sea and sea-farers I thought good after the insight and deepe consideration of all the lawes and ordinances aforesaid to mend a weake piece of labour which I intended many yeares since intituled the Sea law of Scotland and to frame the same in a very harmonicall collection of all sea-lawes And upon the conscience of my profession of the civill law having no employment or part in any Admiralty to publish the same for the use of the Admiralties and benefit of all benevolent sea-farers and that presently because of the present use thereof so requiring the same as I now cleerly perceive that is to say Because that wheras the most civill wise and politicke nations have even most carefully distinguished the jurisdiction of the sea from the jurisdiction of the land in all respects yet neverthelesse some men prease alwaies upon what intent I wot not to confound the same And the multitude of these who doe acknowledge the foresaid distinction as specially the Mariners through ignorance contemne all other law but the rule of Oleron In these respects I say I have with great paine and travell concluded the publication of this work which if it please as I pray God to blesse with the owne effect I have reward enough TIT. I. The order of this Treatise AS the affaires of the sea concernes onely sea-faring and medlers therewith even so all doubts differences and controversies rising upon the same and their cases must also concerne the same persons which are eyther chiefly Owners Out-traders or hyrers Masters Pilots Mariners Clerkes Merchants Passengers Of whom the owner is hee to whom the ship or any part pertaines in property The out-trader or hirer hee to whom as hirer or partner for a voyage or more or a longer time during the hyring and lease of the shippe the profits and commodities thereof redounds And the Master is hee to whom the whole care and charge of the shippe is committed The rest are all knowne Now their persons whiles happens all to fall forth in one man as one to be Master owner and out-trader and againe to be all divers and distinct and therfore the actions to beare out accordingly Likewise the cognition of their debates pertaines not to every Iudge indifferently but only to the Admirall of the sea which thing this Abridgement shall orderly and summarily declare beginning at the Iudge ordinary to sea-fare causes the members of the Court and manner of proceeding there next the persons ordinary in shippes with the fraughting thereof as belonging to the chiefe uses of shipping thirdly the power duty and priviledge of every one of the foresaid in ships fourthly the manifold causes of losses and dammage in sea-faring with the redresse thereof fiftly the priviledged ships shipwracke shippes and things taken and found on the sea or within the floud-marke thereof and lastly of Fishing Fishers Ferryers and Watermen and Shippe-wrights TIT. II. Of the Iudge ordinary in sea-faring causes with his jurisdiction and priviledges AS for the Iudge of the Sea wee have first to consider how at the beginning of the Roman Empire there was a speciall difference betwixt the persons to whom the charge of shipping was given and them to whom the commandement of Fleets and Navies was committed and betwixt the persons who exercised the jurisdiction in sea-faring debates as followeth For amongst the Romans in the beginning first the builders forthâ—eakers or furnishers and preparers of Ships and Navies with all necessaries by a speciall ordinance called Lex Decia were stiled Duum viri navales as the Governours of these Fleets were called Archigubernij and the Iusticiaries of sea-faring debates Magisteriani even so amongst the Grecians the Commanders of their fleets were stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And after the Empire seated at Constantinople Magnus dux classis and Drungarius magnus as the chiefe carrier of the Pinsell or flagge His stile afterward was Admiratus from Amiras a word of the Sarazens signifying an Overseer or a Captaine on sea or on land for Mirar is to see as the Spaniard useth it From this word Amiras commeth the word Amirante to the Italians for the Leader of their fleets as well as L'amiraglio albeit they tearme their sea-faring Iudges Li consoli del mare and such like from the same word Admirall which most part of the Nations of Europe use in the same meaning as first and chiefly France where Childebert the first one thousand yeeres sithence instituted an Admirall as Captaine and Commander of his Armie upon sea like as he did then ordaine a Marshall for the governement of his Gen d'armerie on land Onely the Spaniard called this Leader and Commander of his fleets and navies Adelantado as who should goe before the rest Briefly the word Admirall how ever this day it be used or abused for to signifie the chiefe shippe which was Navis praetoria to the Romans as the chiefe Commander of the fleet yet that word Great Admirall notes properly the man whom the Romans called Praefectum maris and the Grecians Thalassiarcham to wit the Governour of the sea And thus farre concerning names and styles for the Commanders and Gubernators of ships fleets and seas But concerning the jurisdiction of the sea and the exercises of justice amongst sea-faring men at first amongst the Romans it was allowed to every President on the coasts and afterward other Iudges were specially constitute at the sea sides called Magisteriani but their Iudges were all countable to their higher Iudge styled Praefectus praetorio sublimissimus from whom was no appellatioÌ„ or advocatioÌ„ Sithence in these latter daies for the readier obedience to the great Admirall of the Sea it is by common consent of Nations successively agreed that in consideration of the Admirals their soveraine commandement their speciall preferment and power upon the lives of men within the sea floud that therefore they should also have a soveraine jurisdiction onely proper to themselves over all sea-faring men within their bounds and in all sea-faring causes and debates civill and criminall So that no other Iudge of any degree at least in Scotland may meddle therewith but onely
further danger Where also it is to be observed that for the in-going to sundry divers ports by the way imports not a diversitie or a multiplication of voyages But if any man compell the Skipper to overburden ship or boat he may be therfore accused criminally and pay the damage happening thereby Item if any Skipper set his ship to an unfree man and not of substance and other qualities prescribed by king Iames the third hee and his Mariners shall under-lie the paines contained therein Item if a Merchant put in more goods in ship than was conditioned then may the Skipper take what fraught he please It is imputed for a fault to the Master if he direct his course by waies either dangerous through Pirats enemies or other evill aventures and holds not forth his due rout and dammage happen thereby It is likewise counted a fault if the Master carry the pensell or flagge of other Nations than his owne and thereby incurres scath and losse of any thing For as packquets pipes hogsheads and such like should be marked by the proper marks of the Merchants to whom they appertaine even so should ships be discerned one from another by their owne pensell or flagge Item if coffers pipes pakquets c. be delivered close and sealed and afterward shall be received open and loose the Master is to be charged therefore untill a due tryall and consideration of that matter The Master also must be answerable for that harme which the rats for want of a cat doe in the ship to any merchandise TIT. VIII Of the Master of the Ship his power and duty thereunto belonging THe Master of the ship is hee to whom the whole power and charge of the ship is committed which power is prescribed partly by the owner or outreader and partly by the common law of the sea as to set her forth for fraught to take in passengers to mend and furnish the ship And to that effect if need be in a strange countrey to borrow money with advise of the kippage or company upon some of the tackle or to sell some of the Merchants goods provided that the highest price that the rest of the goods is sold for at the market be repayed to the Merchant which being done the fraught of that goods so sold and repayed shall be repayed by the Master to the owner of the ship as well as the fraught of the rest of the Merchants goods except the ship perish in the voyage in which case onely the price that the sold goods were bought for shall be rendered And for no other cause no not in the chance of shipwracke may the Master take on or conquest money specially by-selling of Merchants goods And thus far cōcerning his power As for the Masters duty he ought first before he loose or make saile to seeke and obtaine the consent of the most part of the kippage or company yea if hee be not very skilfull he should doe no other thing of importance without their advise otherwise hee shall undergoe what-ever dammage happens by his doings and specially if he loose forth of any harbour without an expert Pilot yea or in the harbour the ship happen to fallover And as the Skipper his rashnesse and unskilfulnesse is thus-wise corrected even so his negligence and sloth is to be punished As first by suffering the overlap and cowbridge to be unticht or the pumpe to be faultie or a sufficient decking to be lacking and specially from corn victuall and such like goods which should be most carefully kept and fenced from water and spoyling Otherwise the negligent Skipper is holden to make good all scath or dammage comming thereby beside that the fraught of such spoiled goods is lost except that the ship or crear was open from the beginning and fraughted without any overlap which two kindes of ships are tearmed by the Iurisconsult Emphractae Rephractae Further this duty is required of the Master that according to the Act made by King Iames the third of Scotland he give up the names of all persons transported in his ship before he make saile As likewise at his return the just Inventarie of the goods of any persons which shall happen to depart this life in that voyage to the end that not onely the lieges at home nearest to the dead may succeed to their right but also concerning strangers so deceased and their goods that the same may be put in sure keeping forth-comming for three yeeres space but by the custome of England one yeare untill the nearest of the dead-mans kinne come and claime the same Of which goods in the meane time the bedding with the pertinents thereof may be of due taken by the Master and his mate to their uses as also such cloathing and other thing then presently upon that persons body may be delivered to the boatsman and servants of the ship as who ought therefore to burie or cure at least the over-putting of the dead in the Sea TIT. IX Of the Masters duty to the Merchant and Passenger and of his priviledges THe Master ought to render againe whatever he receives within his ship to him who delivered the same as well victuall as clothing and merchandise goods or other thing where we take goods to be delivered if either it be put in the ship or in presence of the Master or Clerk as his deputie layd to the ships side and both wayes the perill to appertain to the Master Which thing also is extended to boatsmen and to the Ferryers and yet is it surest to deliver goods before witnesse and that either to the Master Clerke or Skipper his deputies thereto for the master is not holden for such things as are put in ship without his and his companies knowledge because where men are found ignorant they are also esteemed not to consent But if the Merchant or Passenger keepe his goods by himselfe as money or such thing in his coffers and then alledge the lacke therof then is the Skipper and his kippage onely to purge themselves by their oath but if afterward notwithstanding they be found guilty the denyer shall pay the double and also be punished for perjurie Even so the Master is lyable for all damage sustained through evill hooks cordels blocks or lines namely if the mariner foreshew the said things to be faulty and alwaies the mariners shall help the Skipper in common to pay the said damage Item if any scath or damage happen to the Merchant or Passengers goods through unreasonable stowing or breaking up the master shall not onely refound or make good the same but also lose his fraught and twenty pound in Scotland to the King or his Admirall as his successor now and for lacke of proofe in this case the Skipper and his kippage
shal be put to their oath Further what ever shal hapeÌ„ through fault negligence or chance eschewable or by the deed of passengers and others than himselfe or his kippage the Skipper is holden to answer and pay for all to the uttermost penny for if such dammage happen by a mariner the Skipper shall refound the double but hee may repett it from the mariner But it is not so if the damage bee done by a mariner to another except he be a Merchant also or by a Merchant or Passenger to one another then shall not the double be sought of the master Neither yet is the master holden for anything without the ship or yet within the same if he duely forewarn each man to keepe his owne goods and they agree thereunto Such is the force of due protestation according to the opinions of the most famous Doctors which coÌ„ditions aforesaid are most justly layd upon the master because he ought to hire good men and no evill person in his company for it is in his owne free will to chuse his company and he should not be ignorant of the men he hath to doe with otherwise if the master were not so obliged to all such duties and diligence for the Merchant Passenger there should be great occasion of stealth spoile Lastly if through the Masters fault confiscation or other damage happeâ—s as for non-payment of the custom or false bils of the goods customable or for transporting of unlawfull goods the Master shall refound the same with the interest But concerning the pursuits of these aforesaids as the Merchant may wel pursue for the spoyled goods onely even so may the Master pursue the stollen goods as he who must onely at least chiefly answer therefore And yet for all this in case for want of these things which the Merchant at the fraughting promised to be done at the entry to the voyage any of the aforesaid losses happens and therewith the Master and foure mariners sweare no fault to have been in them the Master shall goe free And yet must we not overpasse this observation that if the Master offer the just custom anchorage or whatever other duty pertaines to any Customers and he because of their unrighteous refusall makes saile the weather and his necessity so requiring then may he be justly defended afterward against that Customer Neither yet should a ship that hath once paid her anchorages pay againe if she be forc't through tempest backe to the same Port. TIT. X. The Masters duty to the Mariner SEeing the Master is the ordinary ruler over his owne kippage or company he ought to keepe them in peace so long as they eate his bread And if any mariner hap to be hurt in doing service or by his companion the Master shall cause him to be healed as he who is onely answerable for the fact of all within ship-boord and then by his authority repeit or recover from the other mariner the charges with all that is lost to the hurt man therby except that he who is hurt or lamed have provoked the other by evident invasion assault or stroaks And if a mariner become sick the Skipper shall cause him to be layd in a house with all sustentation necessary and usuall in the ship but shall not stay the ship untill he be healed and when he recovers health shall give him his hire or if he dye shall give it to the wife or nearest friends But if a mariner be not hurt in the ships service the Skipper shall hire another in his place who if he draw more hyre then that mariner shall refound the superplus And alwaies the Master ought to leÌ„d his mariners if they lack Item if through the Masters fault the ships boat perish with any mariners in it as through spoyld tews c. then shal the Master pay one whole yeeres hyre to the heires of the drowned Item he ought to give his mariners flesh upon Sonday Tuesday and Thursday and upon other dayes fish or such like with sufficient drinke but no meate to them that sleepe not in the ship And yet the quality and quantity of mariners food and hyres goeth diversly according to the divers customes of Countries and the conditions made at the entry to their voyage TIT. XI Of the duties and priviledges of Mariners MAriners owe all due obedience to the Master not onely in flying from him in his wrath so farre as they can but also in suffering yet may they after one stroake defend themselves In case of rebellion of mariners against their master which is thought then to be done when the Master hath thrise lifted the Towell from before any mariner and yet he submits not himselfe then may he not onely be commanded forth of the ship at the first land but also if he make open strife and debate against the master hee shall lose his halfe hire with all the goods he hath within ship-boord But if in this strife a mariner useth any armour or weapons then should the rest of the mariners binde him prison him and present him to justice so that if any of them refuse to lay to his hand and to assist he shall lose his hire with all that he hath within shippe-boord Yea in case any number of the mariners would conspire to force the Skipper to passe to any other Port than to the which he was fraughted then may they be accused criminally and punished as for a capitall crime And yet if a rebellious mariner repent in time and offer amends for a simple rebellion and the Skipper notwithstanding refuse he may follow the ship and obtain his hire Mariners ought each one to helpe and assist others on the sea or else he that refuseth loseth his hire and the oath of his fellowes shall be a proofe against him Mariners in a strange Port should not leave the ship without the masters licence or fastning her with foure â—ewes or else the losse lights upon them They should also await upon the ship untill she be discharged and ballasted new and the tackle taken downe And if a mariner in time of loosing and lading labour not with the rest of the company but goes idle and absents himselfe he shall pay a fine to the rest prorata at the Masters discretion At least the halfe of the kippage or company ought in strange country port or roade to stay aboord and the rest who goe a-land albeit with licence should keepe sobriety and abstaine from suspected places or else should be punished in body and purse like as bee who absents himselfe when the ship is ready to saile Yea if he give out himselfe for worthier than he is in his calling he shall lose his hire halfe to the Admirall and the other half to the master but this
especially ought to be executed against an unworthy Pilot. The mariner also forfets his hire if the ship breake in any part he help not with al his diligence to save the goods If it chance any otherwise than well to the Master the mariners are then holden to bring backe the ship to the port from whence she was fraughted without delay except it be otherwise provided A mariner may carry as much meat forth of the ship as he may eate at a meale but no drink A mariner may either keep his portage in his own hand or put forth the same for fraught and yet should not the ship stay upon the preparation for his portage So that in case the ship be fully laden before the goods for his portage be brought in he shall have the just fraught of so much goods If a ship passe further than the mariner was hired his hire should be accordingly augmented except he be hired as the French man speakes a mareages mais non à deniers If a Mariner runne away with his hire undeserved he deserves the gallowes If a mariner be hired for a simple mariner and afterward in the voyage findes hiring tobe a Pilot or a Master he may passe with provision to render his former hire eveÌ„ so is it if he mary Mariners are not onely holden to loose and deliver goods over-boord but also if no Porters nor Caryers be in those parts to carry the same themselves for such hire as other workmen should have had therfore If it happen a ship to be prized for debt or otherwise to be forfeited yet should the mariners hire be paid and if she prosper to receive their pay in the same money that the fraught is paid with Lastly a mariner should neither be arrested nor taken forth of a ship making to saile for any debt but onely his hire and as much other goods as he hath in the ship arrested therefore according to the quantitie of the debt and the master to be answerable for all because the ship is compared to a mans dwelling house and by the Civill law a mans dwelling house is his most sure refuge except for a sworne debt or a penalty to the King through some crime TIT. XII Of the Clerke of the ship IN ships of great bulk and burden a Clerke is most needfull who being put in by men of chiefe power and sworne solemnly before some Iudge as the use is in Italie or at least before owners and mariners that he shall write nothing but the truth nor leave ought unwritten being I say so constitute neither Merchant nor mariner may put in or take out any thing of the ship without his knowledge So that whatsoever goods or other thing shall happen through storme or otherwise to be cast stollen or spoyled that hath not beene presented or shewne to the Clerke it shall no way be upâ—set by contribution or any search made therefore And if it come safe to land the Skipper may take what fraught he likes therefore Also the Clerke may take of that which is delivered to him and sell thereof for the ships need but must satisfie the owner thereof for he must be alwaies countable of his receits But howsoever he doe he may neither take in nor give forth goods by night but in day light Vide statuta Ang. TIT. XIII Of a Pilot or Steirsman IF a Master hire a Steirsman not only for to guide his ship in through shalds or other dangers at a time onely but also for a whole voyage and to be ready therefore against a certaine day and he faile to keepe that day he shall not onely pay Master and Merchants damage or stay but also the fraught that is lost thereby except sicknes or some very lawfull excuse qualifie it A Steirsman after the time he hath brought the shippe in sure harbour is no further bound or liable for then should the Master see to her bed and her lying and beare all the rest of the burden charge and danger so that if before she come into the Port or some safety eyther she or goods perish or be spo led the Pilot makes good the same yea if his faulâ— or ignorance be so grosse that the company sees any manifest and present wracke to all thereby then may they leade him to the hatches and strike off his head Yea if without any seeing danger certaine of the skilfull'st mariners deeme that he is not so skilfull as he set himselfe forth to be then shall he both lose his hire and double the same to the Admirall and Master or else passe thrise under the ships keil TIT. XIV Of money lent to Sea called Nauticum foenus GReat is the difference or at least should be betwixt money lent amongst men to use on land and that money which is lent to Sea for this money is called pecunia Traiectitia because that upon the hazard of the lender it is carried over Sea So that if the shippe perish or that all bâ— spoiled the money loses to the lender But on the contrary money on land is delivered on the perill of the borrower so that the profit of this is the price of the onely simple loane therefore generally called usura but the profit of the other loane is called usura maritima or soenus nauticum which is not the price of the loane but of the hazard and danger which the lender takes upon him during the loane which is understood to be to a certaine day or voyage or what-ever of time agreed upon And therefore if the money miscarry eyther before the voyage begun or after the tearme appointed for the fâ—ll loane then the perill pertaines to the borrower thereof and not to the lender I meane of perils proceeding from stormes violence spoyle or such like occasions which cannot be eschued by any diligence of the borrower and therefore in case the borrower imploy the lent money upon lawfull goods or that by his defrauding of the due customes the same be confilcat the lender is freed of such hazards It is also to be noted that mony lent upon the Sea without hazard and yet with security should pay no profit suppose it were unbooked in the Clerks book with the profit contrary to that which is lent on land so that albeit money be lent within the ship during the voyage to the need of the company and if before the day appointed for the rendring shipwracke or spoyle happen then should the losse come in contribution betweene them because if that money had been lying by the lender still unlent it had bin in common danger of shipwrack of spoil with the rest But if the time appointed were past with the hazards aforesaid then shall the borrower repay the borrowed money free from all contribution Further in case the borrower
deteines any such lent mony as is aforesaid beyond the terme appointed for the repaying he shall at his returne not onely pay the profit agreed upon before the voyage but also augment the same according to the greater time and yet shal not pay the profit of that first condition but onely after the common rate TIT. XV. Of the Outreaders or Outriggers Furnishers Hyrers and of the Owners of Ships and of actions for and against them IT is not onely permitted to him who contracts with the Master of a ship or that hath any other action or claime against him as Master of the ship to pursue him but also the outreader setter or exercitor thereof as him who placed the Master and therefore ought to make good the Masters deed and fact This outreader we take to be him to whom the commodity of the ship redounds so that he may lay his action upon any of them Ne in plures adversarios distrahatur qui cum uno tantum contraxit But the rest of the owners or outreaders shal relieve this man prorata of their portioÌ„s except the handling of the ship be so severally divided amongst them or that the Master have not his power and commission of them all or that the master have obliged himselfe beyond his commission as if he have taken on money to mend the ship when as she needs it not or that he have no commission at all in which case the lender hath to blame his owne folly for by the common rule of Law men should know well the persons and their conditions with whom they have to bargaine And yet in case evident need be of mending and money be lent thereto suppose the Master should spend it otherwise yet ought the outreader to satisfie the creditor But above all that money which is lent for victuals to the ships company should be repayed as preferd before all other sort of debts But a Merchant contracting with a Mariner that is not a Master shall have no action against the outreader except for a fault done by the Mariner specially if he hath beene hyred and put in by the outreader Againe albeit by the common law of the Sea the outreaders may not pursue persons obliged to the Skipper yet are they permitted to pursue upon the Masters contract as they had bin contracters principall because in such dealings he sustaines the outâ—â—aders person and because of the great common-wealth that is Procured by this kinde of traffique worthily such priviledges to the outreaders and exercers of shipping are granted And yet is not the Master alwaies bound to satisfie all counts to the outreaders specially in case it happen some passengers to be Non solvendo the Master is nor holden to pay for them because it becomes not the Master in the acceptation of Passengers to search out so narrowly their meanes and ability And againe the outreader is not holden alwayes to answer for the Masters sloath but for his owne selfe TIT. XVI Of sundry Partners of Ships and their discords MOreover concerning the owners of the ship in case they cannot agree amongst themselves to remaine in Partnership seeing by the law they cannot be constrained thereunto yea not albeit a Paction had bin made never to sunder then is there many considerations required in their sundring And first if their common Ship or Cray be put in building or that she be but presently bought in these cases it is thought convenient that she shall be imployed one voyage first upon the common outread and hazard before any of these Partners be heard to sunder discharge their part And after that if they cannot agree he who desires to be free should offer to the rest and set his part on such a price as hee will eyther hold or sell which if he will not doe and yet refuses to outread with the rest then may the rest rigge forth the ship at their owne charges and also upon the hazard of the wilfull refuser so farre as his part extends without any count to him of any deale or part of profit at her returne but they must bee bound to him to bring her home safe or the value of his part And justly because that as shippes were invenâ—ed in common for the use of all men even of them that dwell in the mountaines as on the coasts of the sea so were they ordained and builded for sayling and not to lye idle and unoccupied But if the persons who have most part of the ship refuse to abide in partnership with him who hath a small part that neither hee can sell his part at that price without great losse nor yet is able for povertie to attaine to their parts then are they all bound to put the ship to an appraisement Otherwise the scoffe which Casselius a Romane lawyer used against two wilful partners of a ship may also be used against such that is to say while they asked him by what way they might divide and part their ship Casselius answerd If ye divide her then neither of you shall have her And if for lacke and want of buyers in that place the poore partner can neither eschew the oppression of the richer nor yet the rich satisfie the poor man perchance also wilfull then may the Iudge ordinary deale and decree in this case as he may In omnibus alijs bonae fidei actionibus that is to say consider all the circumstances of the persons their motions the matter of their debate with all the merits thereof and make up a full consideration of all together that every man may obtain and receive his own due right TIT. XVII Of Casting of goods in a voyage and the like and of Contribution to be made therefore COncerning contribution or scott and lot as we speake it is ordinary and first it is practised upon shippes so stormestead that for reliefe of lives and goods casting of goods must be made In that case the master shall consult with the mariners who if they consent not yet the storm and danger continue then may the master cast some goods notwithstanding But if the merchaÌ„t be present let him begin to cast next the mariners but if the mariner keep back any part that should be cast to his own use he shal render the double But when afterward the master shall come to land he must with the most part of his company sweare that he did cast goods for no other cause but for the safety of shippe goods and lives Secondly when goods are cast they shall be upset and compensed by a contribution of Ship and such goods as are safe thereby and not onely of goods paying fraught and burdensome but of cloathing money jewels and such like which are not weighty For it is most righteous that the losse be common to all things which are safe
the rashnesse of the casters as who thereby appeare to have amitted their owne priuiledge the estimation of the goods is permitted to the conscience of the Merchant or owner therof Vide supratit 17. Secondly concerning the Persons whose losses are under contribution he should first deale with the master to retaine all the same goods on the bottome of the ship in his keeping untill the rate be set and executed or else may omit all other persons and pursue the Skipper ex conducto which also ceases if the cast goods be found againe Lastly concerning the Master of the Ship his priviledge it is not onely upon the detinew and keeping of the goods and geere brought within his ship which are thought as by a privie band to be obliged and given him in pledge for the fraught by common consent of lawyers but also for the due and timely satisfaction of such contributions because the imposed taxation as likewise the fraught is thought to sticke firmely to the said goods and therefore the Master may hold his hand thereon untill satisfaction be made albeit that commonly the with-holding of other mens good be not allowed TIT. XXII Of priviledged ships SHips or boats serving the Country or the Prince have great prerogatives For first they goe free from all Imposts Customs and Arrestments not onely in forth-going but also in their returne according to Fredericke the Emperour his constitution Yet if a Skipper serving the Prince or Countrey wilfully falles on coastes and by-courses where he should not to their hurt and hinderance he merits death and the commanders or officers in chiefe parts who wittingly suffer such Skippers to lye and slugger incurre a forfeiture of all their goods And if any man shal force the Skipper of these or any other ships to take in more than his just charge not onely should he upset all hurt and losse but also be publikely punished And as these are the conditions of ships serving the Prince so is it to be knowne that all sorts of ships are subject to this service upon command otherwise in case they refuse their ships shall be confiscat except they report a testimony from the Admirall of very lawfull excuse Yea further is to be noted that Masters of ships and Ferriers once so professed are bound to serve as well subjects in common as the Prince except they have left the trade or be under a safe conduct or have taken in moe then they can well carry a ship-board And this is a common priviledge to all sort of loaded and burdened ships to have the neerest place to the shore for their discharge and unloading and therefore the ships lightened to give them place Lastly even the persons who build purchase or dresse shippes expresly for a common-wealth to their Country are accounted amongst the priviledged yea the frequenters of sayling are also priviledged in all Courts TIT. XXIII Concerning Shipwracke STrangers incurring shipwracke in Scotland should have the same favour of us that we use to receive of them in the like case so that no confiscation should be used against them except they use to doe so to us or that they be very Pirats or enemies to Christianity otherwise who steals any such miserable goods shall pay foure-fold to the owner if he be pursued within a yeere and a day and as much to the Prince or his Admirall yea the onely stealing of a naile or the worth thereof maketh the thiefe guilty of all to the rendring of all the remaining goods Yea by the Emperour Antonius his ordinance this thiefe or robber of such goods should be battoned and banisht for three yeares if he be of any honest ranke but if he be base of condition should be sent scourged to the Gallies or metall mines And if any man should be so cruelly wicked as to hinder the ship-broken men from helpe in danger hee shall be recounted for a murtherer And therefore may no man hinder ships from forthlaying of Tews Anchors upon land as was decided betwixt Couper and Seagy Anno 1498. mense Iulij In like manner if any man should be so accursed as to hold forth a Lanterne in the night of intention to draw on ships to a danger in place of a good port or harbour or safe roade that wicked person should be punished to the death Yea though no harme happen yet may the Admirall punish him at his pleasure And therefore even Fishers are forbidden to fish with light in the night lest that Sailers thereby be deceined with the false shew of an harbour But for the better eschuing of these cruell evils Hadrian the Emperour ordained that all men having possessions on the coasts should attend carefully upon such chances otherwise to be answerable for al things missing by stealth or robbery Item if no man in due time claime such a wracke it fell of old to the Prince his customers according to that of Hermogenes and Fortunatianus Naufragia ad publicanos pertinento but now-adayes to the Admirall by the Princes graunt But concerning the action for shipwracke it should be intended within a yeere and a day and sped by the Iudge within two yeere Where it is to be marked that if the shippe onely perish and the goods are safe in that case the goods shall pay the fift or the tenth penny according to the easie or difficult winning and saving of the said goods for gold silk silver such like things of easie transportation should pay lesse than goods of greater weight and difficult transporting as being in greater hazard except the Skipper carry-in his ship to a port or part where hee should not nor the Merchant would not for then is the Merchant free of all the Skippers losse and no way should upset the spoyled or broken ship But in cases of wracke the lawes of England are also to be seene as Westm. 1. 3. E. 1. vid. praerog regis 12. TIT. XXIV Of things found upon the Sea or within the floud-marke SHips goods or geare or whatsoever other things found within the Sea or floud thereof are of three sorts as either found on the streame floting and then are called Floatson or found on the Sea bottom and drawne up from the same by Doukers and other meanes and then are called Lagon or found on land but within the Sea-floud as cast forth there by storme and the water and then are called Ierson Concerning Floatson and Ieâ—son whether things be cast up by shipwrack or else left as lost through casting in stormes the finders thereof as some Lawyers thinke should doe therewith as with other goods found upoÌ„ land that is to proclaime the same to be forth-comming to the just owner because the loser or â—ynner of such goods remaineth still owner and proprietar thereof and