by purchase by his own Contract that which he cannot retain against the King yet the Law will not enable him by an Act of its own to transfer by hereditary descent the Alien dying his issue a Denizon born the Land will not descend or to take by an Act in Law for the Law Quae nihil facit frustra will not give him an inheritance or free-hold by an Act in Law for he cannot keep it Therefore the Law will not give him 1. By discent 2. By courtesey 3. By Dower 4. By Guardianship And in respect of that incapacity he ressembles a Person Attaint but with this difference The Law looks upon a Person attaint as one that it takes notice of and therefore the eldest Son attainted over-living the Father though he shall not take by descent in respect of his disability yet he shall hinder the descent to the younger But if the eldest Son be an Alien the Law takes no notice of him and therefore as he shall not take by descent so he shall not impede the descent to the yonger Brother As for instance if there be three Brothers the eldest an Alien the other two naturalized and the middle Brother purchase and dyes without issue the younger Brother shall have the Lands III. Concerning the Rules of descents we are not to govern our selves therein by the general notions of love or proximity of nature but by the municipal Ltws of the Countrey wherein the question ariseth for the various Laws of divers Countreys have variously disposed the manner of descents even in the same line and degree of proximity For instance the Father certainly is as near of kin to the Son as the Son is to the Father and is nearer in proximity than a Brother and therefore shall he preferred as next of kin in administration to the Sons Estate According to the Jews for want of issue of the Son the Father succeeds excluding the Brothers and that hath been the use and construction of the Jewish Doctors upon numb 27. 9. but the Mother was wholly excluded 2. According to the provision of the Greeks for the succession or exclusion of the Father is left doubtful 3. By the Roman or Civil Law according to the estimation of the twelve Tables the Father succeeded in the purchase of the Son for want of issue of the Son under the title proximit agnato and so was the use but my Lord Cook supposes the contrary But taking the whole Institution of Justinian the Son dying without issue his Brothers Sisters Father or Mother do succeed him as well to Land as goods in a kind of Copercenary 4. According to the Laws of Normandy which in some things have a cognition with our Law his Brothers are preferred before the Father if the Son dye issueless but his Father before his Uncle 5. According to the Laws of England the Son dying sans issue or Brothers or Sisters the Father cannot succeed but it descends to the Uncle IV. There be two kinds of descents according to the Common Laws of this Realm 1. Lineal from the Father or Grand-father to Son or Grand-son 2. Collateral or transversed as from Brother to Sister Uncle to Nephew and e converso And both these again of two sorts 1. Immediate as in lineals from Father to Son 2. Mediate as in lineals from Grand-father to Grand-child where the Father dying in the life time of the Grand-father is the medium differens of the descent Collateral as in lineal from Uncle to Nephew or e converso And this meditae descent or meditate Ancestor though to many purposes it be immediate for the Father dying in the life of the Grand-father the Son succeeds in point of descent in the Lands immediately to the Grand-father and in a writ of Entry shall be supposed to be in by the Grand-father and not in the post cui This is called a mediate descent because the Father is the medium through whom the Son derives his title to the Grand-father In immediate descents there can be no impediment but what arises in the parties themselves For instance the Father seized of Lands the impediment that hinders the descent must be in the Father or Son as if either of them attaint or an Alien In mediate descents a disability of being an Alien or Attaint in him that is called the medius antecessor will disable a Person to take by descent though he himself have no such disability In lineal descents if the Father be Attaint or an Alien and hath issue a Denizon born and dye in the life time of the Grand-father the Grand-father dyes seized the Son shall not take but the Land shall escheat In Collateral descents A. and B. brothers A. is an Alien or attaint has issue C. a Denizon born B. purchases Lands and dyes without issue C. shall not inherit because A. which was the medius antecessor or medium differens is uncapable V. But in any descents the impediment in an Ancestor that is not medius antecessor from whom and to whom will not impede the discent As for instance the Grand-father and Grand-mother both Aliens or attaint of Treason have issue the Father a Denizon who hath issue the Son a natural born subject the Father purchases Lands and dyes the Son shall be Heir to the Father notwithstanding the disability of the Grand-father and yet all the blood which the Father hath is derived from his disabled Parents for they are not medii antecessores between the Father and the Son but paramont The Law does not hinder but that an Alien is of the same degree and relation of consanguinity as natural born Subjects or Denizons born the Son Father and Brother though Aliens the Son Father and Brother our Law takes notice of as well as natural born Subjects and so it was adjudged for he shall be preferred in Administration though an Alien as next of Kin. But in cases of Inheritance the Law takes no notice of him and therefore as he shall not take by descent so he shall not impede the descent to the younger Brother As for instance A an Alien B. and C. naturalized by Act of Parliament brothers B. purchases Lands and dyes sine prole C. shall inherit and not A. A. an Alien B. and C. his Brothers both naturalized by Act of Parliament B. purchases Lands and dâ—…es wâ—…th out issue the same shall not come to A nor to his issue though a Denizon but shall come to C. and his issue the Law taking no notice of A. as to impede the succession of C. or his issue though it work a consequential disability to bar the issue of A. parallel to what the Law calls corruption of blood which is a consequent of Attainder VI. Again in lineal descents if there be a Grandfather natural born Subject Father an Alien Son natural born subject the Father is made Denizon he shall not inherit the
not Aliens Scotland is a Kingdom by union and therefore those that were born in Scotland under the allegiance of the King as of his Kingdom of Scotland before the Crown came united were Aliens born and such plea against such Persons was a good plea but those that were born since the Crown of England descended to King James are not Aliens for they were born sub side legiantia Domini Regis so those that are born at this day in Uirginia New England Barbadoes Jamaiâ—…a or any other of his Majesties Plantations and Dominions are natural born Subjects and not Aliens so likewise those that are born upon the King of England's Seas are not Aliens X. But if an Alien be made an Abbot Prior Bishop or Dean the plea of an Alien we shall not disable him to to bring any real or mixt action concerning the possessions that he hold in his politique capacity because the same is brought in auter droit The like Law is for an Executor or Administrator because the recovery is to anothers use If an action is brought against an Alien and there is a Verdict and Judgment against him yet he may bring a writ of Error and be plaintif there and that such plea is not good in that case Though an Alien may purchase and take that which he cannot keep nor retain yet the Law hath provided a mean of enquiry before he can be devested of the same for until Office be found the free-hold is in him And this Office which is to gain to the King a Fee or Free-hold must be under the Great Seal of England for a Commission under the Exchequer Seal is not sufficient to entitle the King to the Lands of an Alien born for the Commission is that which gives a title to the King for before that the King hath no title but in cases of Treason there upon Attainder the Lands are in the King without Office and in that case to inform the Court a Commission may go out under the Echequer Seal XI If an Alien and a Subject born purchase Lands to them and to their Heirs they are joint tenants and shall join in Assize and the Survivor shall hold place till Office found By the finding of this Office the party is out of possession if the same be of Houses or Lands or such things as do lye in livery but of Rents Common advowsons and other Inheritances incorporeal which lye in grant the Alien is not out of possession be they appendant or in gross therefore if an Information or an Action be brought for the same the party may traverse the Office in that Court where the Action or Information is brought for the King And if the King obtains not the possession within the year after the Office found he cannot seize without a scire facias It is not for the Honour of the King an Alien purchasing of a Copyhold to seize the same for that the same is a base tenure and so it was adjudged where a Copy-hold was surrendred to J. S. in trust that one Holland an Alien should take the profits thereof to his own use and benefit upon an Inquisition taken it was adjudged the same was void and should be quashed because the King cannot be entitled to the Copyhold Lands of an Alien nor to the use of Copyhold Lands as the principal case was An Alien Infant under the age of 21 years cannot be a Merchant Trader within this Realm nor can he enter any goods in his own name at the Custom-house If an Englishman shall go beyond the Seas and shall there become a sworn Subject to any Forraign Prince or State he shall be look'd upon in the nature of an Alien and shall pay such Impositions as Aliens if he comes and lives in England again he shall be restored to his liberties An Alien is robbed and then he makes his Executor and dyes and afterwards the goods are waift the Lord of the Franchise shall not have them but the Executors Vide Stat. 13. E. 4. All personal actions he may sue as on a Bond so likewise for words for the Common Law according to the Laws of Nations protects Trade and Traffique and not to have the benefit of the Law in such cases is to deny Trade CHAP. III. Of Naturalization and Denization I. Whether the Kings of England can naturalize without Act of Parliament II. What operation Naturalization hath in reference to remove the disability arising from themselves III. What operation naturalization hath as in reference to remove deffects arising from a lineal or collateral Ancestor IV. A Kingdom conquered and united to the Crown of England whether by granting them a power to make Laws can implicitely create in them such a Soveraignty as to impose on the Realm of England V. Of Persons naturalized by a Kingdom dependant whether capable of imposing on one that is absolute VI. Of Kingdoms obtained by conquest how the Empire of the same is acquired and how the Conqueror succeeds VII Ireland what condition it was accounted before the Conquest as in reference to the Natives of the same and whether by making it a Kingdom they can create a Forraigner as a natural born subject of England VIII Of Aliens as in reference to the transmission of their Goods Chattels by the Laws of France IX Of the Priviledges the Kings of England of old claimed in the Estates of Jews dying comorant here and how the same at this day stands X. Of Persons born in places annexed or claimed by the Crown of England how esteemed by the Laws of the same XI Of Denization and what operation it hath according to the Laws of England XII Where an Alien is capable of Dower by the Laws of England and where not and of the total incapacity of a Jew XIII Whether a Denizon is capable of the creation and retention of Honour by the Laws of England I. THe Father and the Mother are the fountain of the blood natural and as it is that that makes their Issue Sons or Daughters so it is that that makes them Brothers and Sisters but it is the civil qualifications of the blood that makes them inheritable one to the other and capable of enjoying the immunities and priviledges of the Kingdom but that is from another fountain viz. The Law of the Land which finding them legitimate doth transplant them into the Civil rights of the Land by an Act called Naturalization which does superinduce and cloath that natural consanguinity with a Civil hereditary quality whereby they are enabled not only to inherit each other but also to enjoy all the immunities and priviledges that meer natural born Subjects may or can challenge II. According to the Laws of Normandy the Prince might naturalize but such naturalization could not divest the descent already vested But according to our Law by no way but by Act of Parliament and that cures the defect as
Grand-father and if the Father dyes in the life of the Grand-father the Grand-child though born after the denization doth not remove neither the personal nor consequential impediments or incapacity of the Father In collateral descents the Father a natural born Subject has issue two Sons Aliens who are both made Denizons and dyes without issue the other shall not inherite him A. an Alien marries an English woman who is seized of Lands and has issue the Father and Mother dyes yet the issue may inherite the Mother non obstante the incapacity of the Father being an Alien VII The Statute de Natis ultra Mare declares the issue born of an English-man upon an English-woman shall be a Denizon yet the construction has been though an English Merchant marry a Forraigner and has issue by her born beyond the Seas that issue is a natural born Subject But if an English-woman go beyond the Sea and there marry an Alien and have issue born beyond the Sea that issue are Aliens If an English-woman marries an Alien beyond the Seas and than comes into England and has issue they are not Aliens but may inherit My Lord Cook in his Commentaries on Littleton seems to be of opinion that if an Alien has issue two Sons born in England one dying without issue the other shall not inherit him But the Law is otherwise taken at this day as I conceive the reasons that have been given are I. Though the descent from one Brother to another Brother be a collateral descent yet it is an immediate descent and consequently if no disability or impediment can be found in them no impediment in another Ancestor will hinder the descent between them That this is an immediate descent appears First In point of pleading one Brother shall derive himself as Heir to another without mentioning any other Ancestor Secondly According to the computation of degrees Brother and Brother make but one degree and the Brother is distant from his Brother or Sister in the first degree of consanguinity and no more by the Laws of England According to the Civil Law Brother and Brother make but one degree for the Brother is in the second degree from the Brother yet both make but one degree According to the Canon Law Frater Frater or Frater Soror sunt in primo gradu And therefore the Laws prohibiting marriage between Kindred in the fourth degree takes Brother and Sister to be the first degree of the four The Laws of England in computation of the degrees of consanguinity agrees with the Canon Law and reckons the Brother and Brother to be the first degree Herewith agrees the Customs of Normandy which though in some cases differs from the Laws of England yet herein and in divers other particulars touching descents they agree Another evidence to prove that the descent between Brother is immediate is this viz. the descent between Brothers differs from all other collateral descents whatsoever for in other descents collateral the half blood does inherit but in a descent between Brother the half blood does impede the descent which argues that the descent is immediate The Uncle of the part of the Father has no more of the blood of the Mother than the Brother by the second venter the Brother by the second venter has the immediate blood of the Father with the Uncle viz. the Fathers Brother has not but only as they meet in the Grand father the Brother of the half blood is nearer of blood then the Uncle and therefore shall be preferred in Administration It is apparent that if in the line between Brother and Brother the Law takes notice how the Father was the medium thereof the Brother of the second venter should rather succeed the other Brother because he is Heir to the Father therefore in a descent between Brothers the Law respects only the immediate relation of the Brothers as Brothers and not in respect of the Father though it is true the foundation of their consanguinity is in their Father or Mother Again if the Father in case of a descent between Brothers were such an Ancestor as the Law lookt upon as the medium that derives the descent from the one Brother to the other then the Attainder of the Father would hinder the descent between the Brothers But the Attainder of the Father does not hinder the descent between the Brothers the reason is because the Father is not such a medium or nexus that is look'd upon by the Law as the means deriving such a descent between the two Brothers As for instance of three cases two whereof evince the first preposition viz. That although the descent from one Brother to another Brother though it be a Collateral descent yet is an immediate descent and that if no disability or impediment arises in them no impediment in another Ancestor will hinder them The younger Brother has issue and is attainted of Treason and dyes the elder Brother has title to a petition of right dyes sans issue without a restitution the younger Brothers Son has lost that title for though the title were in the Ancestor that was not attaint yet his Father that is the medium whereby he must convey that title was attaint and so the descent was obstructed Henry Courtney had issue Edward and was attainted of Treason and dyed Edward purchased Lands and dyed without issue the Sisters and Heirs of Henry were disabled to inherit Edward yet neither Edward nor his Aunts were attainted or their blood corrupted yet because Henry was the medium through whom the Aunts must derive their pedigree and consanguinity to Edward who was attainted the descent was obstructed till a restitution in blood But if the Grand-father of Edward had been attainted and not Henry this would not have hindred the descent from Edward to the Aunts because that Attainder had been paramount that consanguinity which was between Henry and his Sister and that is proved by this third case William Hobby had issue Phillip and Mary and was attainted of Treason and dyed Phillip purchases Lands and dyed without issue it was adjudged in that case that non obstante the Attainder of William Hobby Mary should inherit because the descent and pedigree between Phillip and Mary was immediate and the Law regards not the disability of the Father If the Heir of the part of the Father be attaint the Land shall escheat and shall never descend to the Heir of the part of the Mother but if the Son purchase Lands and has no kindred of the part of the Father but an Alien it shall descend to the Heirs of the part of the Mother IX Those that are born sub side legiantia obedientia Domini Reges are not Aliens and therefore those that were born in Gascoyne Normandy Acquitaine Turnay Callice Guyan whilst they were under the Dominion of the Kings of England were natural born Subjects and
and had given notice to the Senate rich well allied and had good Friends they sent express command that he should resign the Patriarchship otherwise they would take from his Father the Procuratorship of St. Marke and confiscate all his Estate But if such Ambassadors have received any Present Guift or Reward from any Forraign Prince or Republique and such Ministers of State are thought worthy of retaining the same such a grace must pass by the suffrage of the Senate to oblidge them more to the benivolence of the Republique then to the bounty of any Forraign Prince CHAP. VII Of the Right of delivering Persons fled for Protection I. Where Superiors may become culpables for the crimes of their Subjects II. Of punishment in whom lodged and where offences to another Prince seem to be excepted III. What is meant by the words delivering up and how construed in divers Countreys VI. To what crimes it can extend to V. Such Persons have been refused to be delivered up and on what reason deny'd VII Admitting not compellable whether he ought voluntary VIII Of Persons running away with the Revenue wheter to be delivered up by the Persons into whose Countrey they fled I. FAthers are not bound for the fault of their Children nor Masters for those of their Servants nor Princes for the Actions of their Subjects unless they become partakers in the crime the which may be done in two respects by sufferance and receipt therefore if Princes shall suffer their Subjects by Pictures or Libells to abuse another Nation or Common-wealth it is the same as if they should authorize it Brutus to Cicero How can you make me guilty yes well enough if it were in you to hinder it but receipt may admit of some further scrutiny II. Common-wealths being instituted it was agreed that faults of particulars which do properly belong to their own society should be left to themselves and their Soveraigns to be punish't or connived at as they judged most fit Yet that Right is not so absolute left to them but offences which tend to the destruction of Society or Government whereof Treason is the chiefest may seem to be excepted the which if a Subject shall commit an act tending to the subversion of his Soveraign's Government the same is an offence that 's subject to an unversal puunishment i. e. it is to be punished every where and the Governours into whose Territory such fly seem to have a Right of prosecuting for the offence in civil actions which tend to Commerce that supports Society the Subject of forraign Subjects having justly contracted in their own Countrey may obtain justice in another by a stronger reason it is thought that Princes or Republiques that have received publique injuries have right to require punishment for the indignity that is offered them at least for that which tended to the subversion of their Governments III. The question is illustrious opinions grounded on several great Presidents have been both waies produced generally it hath been held that those Kingdoms where the offenders are fled ought to do one of the two either punish them according to their deserts being called upon or leave them to the Judgement of the offended State others the contrary most certain it is by the delivering up is understood to leave him to the legal Judgement of that Prince or State whom he hath offended And such was the Declaration of Ferdinando King of Spain who had been often requested by Henry the Seventh to deliver up Edmund de la Poole Earl of Suffolke his Subject then fled for protection to that Prince's Countrey but was alwaies refused but being continually importuned by promises that he should not be put to death caused the Earl to be delivered up to him who kept him in prison and construing his promise to be personal to himself commanded his Son Henry after his decease to execute him who in the fifth Year of his Reign upon oold blood performed the same But the malice of that Politique Prince the Father and the uncontroulable Will of the Son are Presidents but of small force the example of which not long after gave the French King occasion to beware of trusting the latter with a Subject of his on the like occasion for Cardinal Poole not many Years after coming Ambassador from the Pope to the French King they both being then in amity and Henry the Eighth in League with the latter but in enmity with the first requested to have the Cardinal delivered up but could not prevail being doubty armed as the Ambassador of a Soveraign Prince for such is the Pope and in the Territory of a Forreign State The Israelites require of the Benjamites to deliver'd up the wicked Men the Philistians Sampson Cato gave his vote that Caesar should be delivered to the Germans for spoiling them without just cause nor are nocent Persons injured if they are are either deliver'd up or punished yet does it not thence follow that they must be delivered up or punished the Romans delivered up those that had done violence to the Cathaginian Ambassadors IV. But then and as in this last so in all other the offender must have committed some publique offence as Treason for most certain it extends not to private injuries because there is no President that ever at a War was begun for such though they may contribute much but for those which tends to the subversion or ruine of a Countrey they often have been delivered up Jugurtha of Bocchus in Salust So shalt thou at once free us from the sad necessity of prosecuting thee for thy error and him for his treason And by most Writers it is agreed that such offenders must either be delivered up or punisht the election is left to their choise into whose Territory they are fled though some have held that in case of protection the Sanctuary for such unfortunate Persons Princes do make their Coutrey an Asylum T. Quintus Flaminius sent Ambassadors to Prusias King of Bithinia for the procuring the delivering up the Brave but unfortunate Hannibal who accordingly being seized on I will now saies he deliver the Romans of that fear which hath so many Years possest them that fear which make them impatient to attend the death of an old Man This Victory of Flaminius over me which am disarmed and betray'd into his hands shall never be numbred among the rest of his Heroical deeds No it shall make it manifest to all the Nations of the world how far the antient Roman virtue is degenerate and corrupted for such was the Nobleness of their Fore-Fathers as when Phyrrichus envaded them in Italy and was ready to give them Battle at their own doors they gave him knowledge of the treason intended against him by Poyson whereas those of a latter race have imploy'd Flamineus a Man who hath heretofore been of their Consuls to practise with Prusias contrary to the honour of a King contrary to his
an Action as a Feme sole 4. He shall forfeit those Lands which he shall purchase in the Realm during his Banishment for he during his Banishment is as much disabled to purchase as an Alien for fit alienigena by his Banishment and he is observed to be in a worse Condition than an Alien for he is marked with Indignatio principis 'T is true he cannot forfeit neither Title of Honour nor Knighthood nor the Lands he had before Exile unless there be special Sentence or Judgment as that of the Spencers If the Father be in Exile this hinders not the Freedom of the Son for the same is not a thing descendable for should it be so then the Banishmens of the Father would make a Forfeiture of the Freedom but the Son has this Freedom by his own Birth as a Purchase and not by the death of his Father by descent Like the Case where J. S. hath many Children and then he confesseth himself a Villain to J. D. in Court of Record yet his Children formerly Born are Free-men and no Villains the Reason is because they were Free by their own Births but the Inheritance is Inthralled because it is to come to the Heir by descent XI A Free-man of a City or Burrough may be made divers ways as my Lord Cooke observes 1. By Service 2. By Birth by being the Son of a Free-man 3. By Purchase or Redemption At Bristol by Marriage Sir John Davies in his Irish Reports observes the same for Law St. Paul was born at Tarsus in Cicilia which was under the obedience of the Romans by vertue of which he challenged the priviledge of a Roman Citizen but it was accounted no more than a National Freedom like that of Calvin who claimed the general Freedom of an English-man being born in Scotland but under the obedience of the King of England but that Challenge made not St. Paul Free of the Private Customs Priviledges and Franchises of Rome no more than Calvins Birth made him a Free Citizen of London to the particular Customs of that City The King by his Letters Patents cannot make one a Free-man of London yet he may thereby make him a Free-man of his Kingdom If one be Born in a City of Parents that are not Free the Child hereby is no Citizen by Birth and if one be born of Free Parents out of the place of Priviledges as London c. he yet is a Free-man by Birth yet in the Charter Granted to Yarmouth the words were concessimus Burgensibus de magna Yarmutha de Villa praedict ' Oriundis that they should have such and such Liberties So that Special words may alter the Case London had many Royal Franchises granted them from time to time and were often by former Kings successively confirmed nor wanted they a share when the great Charter was granted to have their ancient liberties secured nor were the succeeding Princes slack in their Royal grants and confirmations but especially Richard the Second who in Parliament granted and confirmed to them all their ancient customes and liberties with this clause Licet usi non fuerint vel abusi fuerint and notwithstanding any Statute to the contrary amongst the number of their many Priviledges the freedom of the same was accounted of no small importance since in divers Parliaments it was very much aimed at and endeavoured to be impaired but at last they obtained a most gracious and Royal Confirmation in Parliament of their ancient liberties amongst which it is declared that no Merchant being a Stranger to the Liberty of the said City should sell any Commodities within the Liberty of the said City to other Merchant-Strangers nor that such Merchant-Stranger should buy of anyother Merchant-Stranger such Merchandize within the Liberty of the said City without forfeiture thereof saving that any Person Lord Knight c. may buy within the Liberties of any Merchant-Stranger Merchandizes in gross for their own use so that they do not sell them again to any other And as this City by Custom may pre-clude any Person not being free of the same to sell in such manner upon such pain so any other City which are Burroughs or Cities by prescription within this Realm may have the like Custom and the goods sould or bought by such may be subjected to forfeiture but the same cannot be good by Charter or Grant A compleat Free-man is such a one as hath challenged his freedom and taken the Free-mans Oath and is admitted into the Society and Fellowship of the Free-men Citizens and Burgesses otherwise he hath but a bare right to his freedom CHAP. II. Of Aliens as in relation to their Estates real and personal I. Of an Alien his ability and disability in the taking and enjoying of Estates real and personal II. Of his capacity in purchasing and disability to transfer by an hereditary descent III. Of the rules of descents according to the Laws of several Countreys IV. Of descents according to the rules of the Common Law of England lineal and collateral V. Of Impediments in one that is not the medius antecessor VI. Of Impediments in one that is the medius antecessor lineal and collateral VII Of the Statute of Natis ultra Mare and of issues born beyond the Seas VIII The Lord Cokes opinion that if an Allien has issue two Sons Denizons the one purchases Lands and dyes the other cannot inherit them debated and refuted IX Of Foreign births which do not create a disability X. Of Aliens not disabled by Law to bring either real or personal actions XI Of Office that must entitle the King to an Aliens Estate XII Of some particular immunities and other matters relating to an Alien AN Alien is one born in a strange Countrey under the obedience of a strange Prince and State and out of the legeance of the King of England and can have no real or personal action for or concerning Lands and therefore if he purchase Lands Tenements and Hereditaments to him and his Heirs albeit he can have no Heir yet he is of capacity to take a fee-simple but not to hold for the King upon Office found shall have it by his Prerogative So it is if he purchase Lands and dyes the Law doth cast the free-hold and inheritance upon the King But if he purchase or take a Lease for years of a House or Ware-house which is for the accommodating him as a Merchant-stranger whose Prince or State is in League with ours there he may hold the same for that the same is incident to Commerce And in that case if he departs and relinquishes the Realm the King shall have the same so it is if he be no Merchant The like Law is if he takes a Lease of Meadows Lands Woods or Pastures the King shall have the same for the Law provides him nothing but a habitation to Trade and traffique in as a Merchant II. Though he may take
if they had been born in England and no man shall be received against an Act of Parliament to say the contrary Therefore if the Father an Alien has issue a Son born here and then the Son is naturalized the Son shall inherit If the Father a natural born Subject has issue an Alien who is naturalized the Father dyes the Son shall inherit III. Naturalization does remove all that disability and incapacity which is in Aliens in respect of themselves and so puts them entyrely in the condition as if they had been born in England The Relative terms as if born in England is generally used to supply the personal defect of the parties naturalized arising from their birth out of England and therefore shall never be carryed to a collateral purpose nor cures a disease of another nature as half blood illegitimation and the like but all diseases whether in the parties themselves or resulting from the Ancestor it cures Acts of Parliament of this nature may be so pen'd as to cure defects in the Father or Ancestor or in the parties themselves If restitution in blood be granted to the Son by Act of Parliament this cures that disability that resulted from the Fathers Attainder and that not only to the Son but also to the collateral Heirs of the Father the true reason of this is because the corruption of the blood by the Attainder is only of the blood of the Father for the Sons blood or coliateral Heir was not at all corrupted for the scope of the Act is taking notice of the Fathers Attainder does intentionally provide against and remove it for otherwise the same had been useless But in naturalization without express words it takes no notice of the defects in the Father or other Ancestor noâ—… amoves them And therefore such Acts of Parliament as take no other notice but of the Person naturalized's Forreign birth the same cures not any disability of transmission hereditary between the Father Brother or any other Ancestor resulting from the disability of them without actually naming of them As for instance the Father an Alien the Son naturalized by Act of Parliament the Father or any other Ancestor an Alien purchases Lands and dyes the Son shall not take by reason of the disability in the Father but there may be words inserted in the Act that may take away the impediment IV. Those that are born in Ireland and those that are born in Scotland are all alike for their birth are within the Kings Dominions and they are born under the like subjection and obedience to the King and have the like band of allegeance ad fidem Regis yet if a Spaniard comes into Ireland and by the Parliament is there naturalized though perhaps this may qualifie and cloath him with the title of a natural born Subject of Ireland yet it has been conceived that it will not make him a natural born Subject of England For the union of Ireland to that of England is different from that of Scotland for the first is dependant as a Kingdom conquered the latter independant Though Henry the II. after his Conquest of that Nation did remit over from England the Ancient modus tenendi Parliamentum enabling them to hold Parliaments which after was confirmed by King John yet that was by no other sorce then bare Letters Patents Now when a Nation is once conquered there remains no Law but that of the Conqueror and though he may incorporate such conquered Nations with his own and grant unto them their ancient Parliamentary wayes of making of Laws yet the Conqueror can no wayes grant unto them a power by vertue of such Grant or Confirmation as to impose upon his own Countrey for he himself before such Conquest could not make a natural born Subject without Act of Parliament and most certainly his Conquest adds nothing to his power though it does increase his Dominion V. Again Kingdoms that are absolute under one Prince ad fidem Regis there the Acts of each other are reciprocate and one naturalized by the Parliament of Scotland is as naturalized in England because Scotland is a Kingdom absolute but Ireland is a Kingdom dependant and subordinate to the Parliament of England for the Parliament in England can make an Act to bind Ireland but not e converso Now to be a Native of Ireland is the same as to be born in Ireland but that is by the Laws of Ireland but to be born in Ireland and to be the same as to be born in England must be by the Laws of England But there is no Law that hath enabled them with such a power as to naturalize further then their own Laws extend but the Law of Ireland does not extend in England therefore Naturalization in Ireland operates only in Ireland because of the failer of power VI. Again Kingdoms that are Conquered the Empire of the same may be acquired by the Conqueror only as it is in a King or other Governour and then the Conqueror only succeeds into his right and no further or also as 't is in the People in which case the Conqueror hath Empire so as that he may dispose of it or alienate it as the People themselves might for 't is one thing to enquire of the thing another of the manner of holding of it the which are applicable not only to corporal things but incorporal also For as a Field is a thing possessed so is a passage an Act a way but these things some hold by a full right of property others by a right of usufructuary others by a temporary right Again by the will of the Conqueror the Kingdom or Republique that is so conquered may cease to be a Kingdom or Common-wealth either so that it may be an accession of another Kingdom or Common-wealth as the Roman Provinces or that it may no wayes add here to any Kingdom or Common-wealth as if a King waging War at his own charge so conquer and subject a People to himself that he will have them governed not for the profit of the People chiefly but of the Governour which is a property of that we call Heril Empire not of Civil for Government is either for the profit of the Governour or for the utility of the Governed this hath place among Free-men that among Masters and and Servants The People then that are kept under such command will be alwayes for the future not a Common-wealth but a great Family hence it is that we may plainly understand what kind of Empire is that which is mixt of Civil and Heril that is where Servitude is mixt and mingled with some personal Liberty For if the People are deprived of Armes commanded to have no Iron for Agriculture to change their language and course of life and abstain from the use of many of their Customes to be confined to their own Houses Castles or Plantations not wander abroad to be governed by such Laws
yet it does not wholly remove the disease or non-ability as to the points of descent or hereditary transmission and resembles a Person in case of an Attainder and therefore if he purchases Lands and dyes without issue the Lord by Escheat shall have the Lands And therefore in lineal descents if there be a Grand-father natural born Subject Father an Alien Son natural Subject the Father is made Denizon he shall not inherit the Grand-father and if the Father dyes in the life of the Grand-father the Grand-child though born after the Denization shall not inherit the Grand-father for the Denization does not remove neither the personal nor the consequential impediment or incapacity of the Father So likewise in Collateral descents As for instance the Father a Natural born Subject has issue two Sons Aliens who are both made Denizens and one dyes the other shall not inherit him XII The like Law in Dower a Man seized of Lands in Fee and takes an Alien to Wife and then dyes the Wife shall not be endowed But if the King takes an Alien to Wife and dyes his Widdow Queen shall be endowed by the Law of the Crown Edmund Brother of King Edward the I. married the Queen of Navarre and dyed and it was resolved by all the Judges that she should be endowed of the third part of all the Lands whereof her Husband was seized in Fee A Jew born in England takes to Wife a Jew born also in England the Husband is converted to the Christian Faith purchaseth Lands and enfeoffeth another and dyeth the Wife brought a Writ of Dower and was barred of her Dower Quia vero contra justitiam est quod ipsa dotem petat vel habeat de temento quod fuit viri sui ex quo in conversione sua noluit cum eo adhaerere cum eo convert If an Alien be a Disseisor and obtains Letters of Denization and then the Disseisor release unto him the King shall not have the Land for the release hath altered the Estate and it is as it were a new purchase otherwise it is as if the Alien had been the feo ffee of the Deseissee And though Aliens are enabled by Charter of Denization to a transmission Hereditary to their posterity of Lands yet a Denizon is not capable of Honour nor a transmission of the same without Naturalization by Parliament for by the Charter of Denization he is made quasi seu tanquam ligens but to be a Member of Parliament he must be ligens revera non quasi for by his becoming a Noble-man he claims the place of Judicature in Parliament the which he cannot till naturalized by Act of Parliament and then he may claim as eligible to the same or any other CHAP. IV. Of Aliens and Crials per meditatem where allowed and where not I. Of the manner of Aliens obtaining Trials per medietatem at the Common-Law and of the Antiquity of the same II. Of the making the same a Law universal within this Realm as to some Persons afterwards general as to all III. Of the Writ and some Observations on the summons of such an Inquest IV. Of the opportunity lost or gained by praying this immunity V. Of the awarding of Tales upon request on such Enquiries VI. Where this immunity does not extend in Aliens and where it does in matters Civil and Criminal VII Of the validity of a witness Alien and of an Infidel VIII The tittle of a Renegadoe IX Of the benefit of the Kings Pardon whether it extends to an Alien whose abode is here but happens to be absent at the time of the promulging I. TRiatio Bilinguis or per medietatem linguae by the Common-Law was wont to be obtained by Grant of the King made to any Company of Strangers as to the Society of Lumbards or Almaignes or to any other Corporation or Company when any of them were impleaded the moyety of the Enquest should be of their own Tongue this Trial per medietatem in England is of great Antiquity for in some cases Trials per medietatem was before the Conquest Viri duodeni Jure Consulti sex Walliae totidem Anglis Wallis jus dicanto and as the Commentator observes it was called duodecem Virale Judicium II. This immunity afterwards being found commodious to us Islanders became universal for by the Statute of 27. E. 3. cap. 8. It was enacted that in Pleas before the Major of the Staple if both Parties were Strangers the Trial should be by Strangers but if one Party was a Stranger and the other a Denizon then the Trial should be per medietatem Linguae But this Statute extended but to a narrow compass viz. Only where both Parties were Merchants or Ministers of the Staple and Pleas before the Major of the Staple But afterwards in the 28th Year of the same Kings Reign it was enacted That all manner of Enquests which was to be taken or made amongst Aliens and Denizons be they Merchants or others as well before the Maior of the Staple as before any other Justices or Ministers Although the King be party the one half of the Enquest or proof shall be Denizens the other half Aliens if so many Aliens and Forreigners be in the Town or Place where such Enquest or proof is to be taken that be not Parties nor with the Parties in Contract in Plea or other quarrel whereof such Enquest or proof ought to be taken and if there be not so many Aliens then shall there be put in such Enquests or proofs as many Aliens as shall be found in the same Town or Places which be not thereto Parties as aforesaid is said and the remnant of Denizens which be good men and not suspicious to the one Party or other By which Statute the same Custom or immunity was made a Law universal although it be in the Case of the King for the Alien shall have his Trial per medietatem It matters not whether the moyety of Aliens be of the same Country as the Alien party to the action is for he may be a Dutch-man and they Spaniards French Walloons c. because the Statute speaks generally of Aliens III. The Form of the Venire facias in this case is De Nicenet c. quorum una medietas fit de Indigenis altera medietas fit de aliegenis natis c. And the Sheriff ought to return twelve Aliens and twelve Denizâ—…ns one by the other with Addition which of them are Aliens and so they are to be sworn but if this Order be not observed it is holpen as a misreturn It has been conceived of some that it is not proper to call it a Trial per medietatem Linguae because any Alien of any Tongue may serve but that surely is no Objection for People are distinguished by their Language and medietas Linguae is as much as to say half English and half of another
wandring Angel these steal even the Ship-wrack'd mans picture from him which as his whole inheritance he carried at his back to move compassion and by the insatiable Sea of their Avarice and Luxury they wreck him over at Land IX But this free Primitive Communion had and hath its bounds and its quantum in Contributions as well as the natural otherwise it might be fraudulent and thieving For they who possess but a little would contribute it all on purpose to share equally with those who possess very much which would introduce a visible decay and ruin in all as Tiberius rightly observed on M. Hortalus his petitioning an Alms for Augustus Caesar's sake Idleness would encrease and industry languish if men should entertain no hope nor fear for themselves but securely expect other mens relief idle to themselves and burthensom to us Wherefore in the midst of that primitive Communion we find that the Apostles went Domatim from house to house breaking of bread therefore they even then retained by their houses in property which property is supposed by the eighth Commandment as well as it is by Christian Charity For no man can steal but by invading the right of another and as for Charity it is necessary he have something of his own to be able to fulfil its commands and to make a dole at his door and it is very convenient that he give it rather with his own hand then by some publique Collectors For Charity is hated most with the sence of its own action Moreover under the Law Jews were commanded to love one another as themselves yet this Command took not away property then therefore it takes it not away now notwithstanding we own the use or usufruct of our properties to the distressed though our selves be at the same time in distress just as we are commanded by the peril of our own lives to endeavour to secure our Neighbours life which is yet a Charity more transcendent then the other by how much life is above livelyhood And though the various Laws of Countreys have variously provided punishment for those who out of meer necessity take something out of anothers plenty yet that proves not the Act to be sin or repugnant to equity or conscience but rather repugnant to the conveniency of that Kingdom or Republique where the Act is committed and the true reason of the same is least thereby a gap might be laid upon to Libertinism besides Reason of State we know considers not vertue so much as publick quiet and conveniency or that right which is ad alterum X. We will now consider those things which are Gods which yet are not his in such a strict rigorous sence but that they lye open to the exceptions of our just necessities hence that which is devoted as a Sacrifice to him in case of necessity may be made our dinner witness the Action of David Wherefore the consequence of our Saviours answer was very strong when he defended his pulling the Eares of Corn in anothers Field That if it was lawful for David in his necessity to eat that Bread which was provided for the Table of God then how much more was it lawful for him and his Apostles in their necessities to take a refreshing out of that which belonged to Man by the Canon Law if no other means can be found the Vessels of the Altar may be sold to redeem those Souls who are enthralled in misery and captivity and is there not good reason for it seeing they serve but for the Souls of Men and therefore the Souls of Men are more precious then they Yea the Sacrifice it self to what end is it but to obtain a state of piety for us Upon what hath been said it may not seem an injury if a Planter wanting those things for the support of humane life requesting a reasonable proportion of his Neighbour having it to spare with an intention to repay if denyed by force take the same from him for that reason which creates a punishment in a settled Common-wealth for the like actions does in such places fail CHAP. VI. Of Merchants I. Merchandizing the same is honourable and proffitable both to Prince and State II. The Advantages that might accrue to Kingdoms iâ—… the more Nobler and Richer sort applyed themselves to the same III Of the first Institution of the Company of Adventurers IV. Of the â—…stitution of that in England to the Indies V. Of the forming of that in Holland to these parts VI. Of the forming the like by the Most Christian King to the same parts VII Of the advantages and disadvantages considered as in reference to reducing them to Companies VIII How Merchants in England were provided for of old IX Of their immunities settled by Magna Charta X. Of Merchants Strangers whose Prince is in War with the Crown of England how to be used in time of War and the reasons why Merchants Strangers ought to be used fairly XI Goods brought in by them the Moneys raised how to be disposed according to the Statute of Imployment XII Merchant Strangers made Denizons by Parliaments or Letters Patents to pay as before they were so made XIII What things requisite that makes a Competent Merchant according to Law XIV One Merchant may have an Account against his Partner and if he dyes no survivorship to be of the Estate belonging or acquired in their Traffique XV. Of their Immunities which they claim by the Custom of Merchants in reference to Exchange XVI All Subjects are restrained to depart the Realm but Merchants XVII Prohibitory Laws bind Forraigners according to the Leagues of Nations XVIII The necessity and advantage that is incumbent on Merchants to preserve their marks I. THere are certain affairs which should be left to the poor and Common People to enrich them but there are others which they only can execute which are rich as that at Sea by way of Merchandizing which is the most profitablest in an Estate and to the which they should attribute more honour then some do here at this day For if in all Estates they have thought it fitting to invite the Subjects by honour to the most painful and dangerous actions the which might be profitable to the Publick this being of that quality they should attribute more honours to those that deal in it And if Nobility hath taken its foundation from the courage of Men and from their valour there is certainly no vocation in the which there is so much required as in this they are not only to encounter and strive amongst Men but sometimes against the four Elements together which is the strongest proof that can be of the Resolution of Man This hath been the occasion that some have been of opinion that they should open this door to Merchants to attain to Nobility so as the Father and Son hath continued in the same Trade and to suffer Noble Men who are commonly the richest in an Estate to practise
Dominion universal 1 1. 1 Where acquired lawfully by Warr 1. 1. 7 Division of Estates first among Families 1. 1. 3 Dominion personal where the same may be 1. 6. 5 Dominion of things began from natural possession 1. 13. 10 Not founded in grace 2. 11. 3 Dower The Wife of one in Exile may bring a Writ of Dower 3. 1. 10 An Alien Wife cannot have the same unless a Queen 3. 2. 12 A Jew born in England takes a Jew born in England she cannot have Dower ibid. Ecclesiastical persons BY the Canon Law exempt from Reprizals 1 2. 16 So likewise from the Sword in time of Warr 1. 14. 18 Election Given to the Merchant to charge either Master or Pylot for Damage done 2. 9. 4 The like to charge the Master or Owners ibid. Embargo Embargo when by the Lawes of England 1. 1. 11 Goods of a Friend in the hands of an Enemy not subject to an Embargo 1. 1. 12 Goods laid aboard are Embargo'd yet Freight shall be paid 2. 1. 12 Enemy Goods taken from them become the Captors 1. 13. 10 Enemies Goods and Merchandize taken by them and afterwards retaken alters the property 1. 1. 7 Enemies what is lawful to do against them 1. 1. 9 If taken in the Realm are to be tryed by Martial Law 3. 4. 6 To relieve him by a Souldier in pay punished with death 1. 13. 8 England None could Trade thither without leave 1. 5. 7 English no Nation nâ—…re tender of their honour 1. 5. 9 Exchange Exchanges the various sorts 2. 10. 4 Bills on the same are to be governed by Custome 2. 10. 14 What amounts to an acceptance 2. 10. 15 Once accepted not to be revoked 2. 10. 28 Accepted for the honour of the drawer ibid. Executor Executor of a Forraigner shall not have the benefit of being discharged of Prisage though he is a Citizen of London 2. 8. 5 Exile The various wayes of banishing a Subject 3. 1. 9 What a man forfeits by the same 3. 1. 10 Exile of the Father binders not the Freedom of the Son ibid. Factor FActor Enemy the Goods of a Friend in his possession not subject to an Embarge 1. 1. 12 Factor contracts for another Port and before departure the Ship takes fire the Assurors are discharged 2. 7. 13 Factor super Cargo cannot alter the Voyage agreed on without special Commission 2. 4. 5 Factor super Cargo ought to be consulted with before there be a casting over-board 2. 6. 1 He ought to give notice if there be any Plate or Jewels in Boxes or Trunks 2. 6. 15 Factor Enemy the Goods in his possession not subject to Reprize 1. 1. 12 Cannot give time 3. 7. 3 Principal where obliged by his act and where not 3. 7. 4 Feés To the Officers of the Custome-house how governed 2. 13. 12 Felony The wilful casting away of a Ship by a Master that had taken up Moneys on Bottomery 2. 11. 11 Stealing of Cables or any of the Ships Furniture belonging to the King punished as Felons 1. 14. 11 Stealing of men at Sea Felony 1. 4. 15 Fishermen Fishermen ought not to Fish in the Night with Lanthorns or Lights 2. 5. 2 Flagg But a consecutive acknowledgment of the British Seas 1. 5. 7 Demanded peremptorily by the English and punished as Rebels if refused 1. 5. 9 How the same differs from that claymed by the French 1. 5. 11 The Right how far it is to be paid 1. 15. 3 How punishable for the neglect 1. 15. 5 Force Used by persons in opposition to Justice may occasion Reprisal 1. 2. 11 Forfeiture The Forfeiture of Ships drawes not the loss of the Boat 2. 1. 8 Forraigners Have a Right to compell where Justice is denyed in the ordinary way which Subjects have not 1. 1. 9 Forraigners Robb'd at Sea have a right to prosecute within the Stat of 28 H. 8. 1. 4. 7 So for the like offence to be punished by the Statute of 25 F. 3. 1. 4. 8 Forraigners in enmity together with some English commit Pyracy how punishable 1. 4. 9 Forraigners committing Pyracy on the British Seas punishable by the Crown of England and not elsewhere 1. 4. 10 Vide Aliens Fraud Fraud and Covinous Assurance is void 2. 7. 5. 15 Freéman How many wayes he may be made of City or Burrough 3. 1. 11 What makes a compleat Freeman ibid. Freight Freight where the same may be refused by the Master and where not 2. 4. 15 Freight is the Mother of Wages so likewise the Father of Damage 2. 1. 9 It is governed by the Contract 2. 4. 2 It shall be paid though the Ship proceeds not her Voyage if once she laded 2. 4. 4 Freight becomes due though there be a failer of compleating the Voyage according to the time agreed on 2. 4. 5 Freight not due if the Vessel is Robb'd 2. 4. 6 Out and in not due till the whole Voyage be compleated 2. 4. 8 If any fault arises from the Freighter he shall answer ibid. Fugitives Fugitives the houses of Ambassadors are Sanctuaries for them 1. 10. 12 Whether they may be delivered up flying into another Countrey 1. 11. 3 Persons that have wronged Kings of their Revenue have been delivered up when they become Fugitives 1. 11. 7 Are received by the Laws of Warr 1. 14. 20 Generals GOod Generals one of the greatest of happinesses that can come to a Prince 1. 13. 1 Such are followed to death by the Army ibid. Not to be slighted and of the Cruelty shewed to Belisarius 1. 13. 3 When taken in Battail they are not the Captors but that Princes or States by whose Subject they were taken 3. 1. 5 Goods When the property of the same is altered by the Lawes of Arms 1. 1. 7 Of a Friend in the custody of an Enemy not subject to Reprize 1. 1. 12 Goods counterband where the same may be subject to reprize 1. 1. 15 Of an Enemy may as well be spoyl'd as taken 1. 3. 1 What may be made Prize and what not 1. 3. 11 12 Goods secretly brought a shipboard if lost oblige not the Master 2. 1. 17 But if secretly brought in by the Master after a Ship is Freighted if damage happens to the rest he shall answer nor can those goods if cast over-board be subject to an Averidge 2. 4. 9 Goods on a mans Body not subject to an Averidge 2. 6. 4 Goods how estimated for the setling an Averidge 2. 6. 14 Exported what allowances to be made 2. 3. 2 5 Habitation IN time of Fire or Warr may be pulled down 1. 1. 4 Habitation or Domicil and not Originatirn or Nativity that subject men to Reprizal 1. 2. 14 Havens The same ought to be kept in peace 1. 1. 10 Hostages He that gives them is freed from his faith 1. 8. 6 Are not to be slain generally may be put to death if the Contract be broke 1. 14. 18 Impiety IMpiety punished a Shipboard 1. 13. 4 Incertainty Of the Port
in the Bills is that which is the Averidge or Contribution for losses â—…ghton Arâ—…c Enquiry 27 28. Per Leg. Oleron Cap. 15. Per Leg. Oleron Cap. 14. Exod. 30. 31. Moses Kotsenses Printed at Venice 1557. de Siclis fo 12â—… Col. 2. Alex. Gendier l. 5. cap. 30. 〈◊〉 Reg. Orig. 194. Statut. 5 R. 2. cap. 2. 3 H. 7. 6. 〈◊〉 E. 〈◊〉 Acton Bâ—…nel This Usury was first introduced by the Jewes here in England Vide Co. 2. Inst. fo 506. 3 4 H. 7. * And therefore some are of opinion that there can be no certain rate set on the Par in Exchange to answer justly the value of the Coyns of Forraign Parts by reason of the diversity of them and of their intrinsical values Vide Sir Robert Cottens Posthuma fo 306. Cro. 2. so 7. Martin versus Bour. Pasch. 1 Jac. in B. R. Reg. Orig. fo 194. Statut. 5 〈◊〉 2. Cap. 2. Consuetudo quandocunque pro lege Servatur saith Bracton in partibus ubi fuerit more utentium approbata longaevi enim temporis usus consuetudinis non est vilis authoritas lib. 1. Cap. 3. Words are made to signifie things By the word Deliverer is meant he that payes the Money beyond Sea By the word Drawer he that writes or drawes the Bill of Exchange the person upon whom is called the Acceptor Nor is any such thing as a 3. dayes respite to be allowed for acceptance Per Jasonem in lege allegantur ff de conditionibus indebiti Mich. 19 Jao C. B. Vanheath versus Turner Winch. 24 25. Trin. 20 Car. 2 in B. R. The receiving of part of the Moneys upon the Bill does no wayes weaken the Bill Per leg publia in si ff depositi per Bart. ibidem per Romanum singulari 474. Words are made to signifie things Therefore by the word Deliverer is meant he that payes the Money he that drawes the Bill is called the Taker or Drawer And the party upon whom is called the Accepter Styles Pasch. 1654. in B. R. fo 370. * That is for not payment the Bill being once accepted Styles Reports in B. R. 370. Monck versus Clayton Mil ' and Morris Mich. 22 Car. 2. in B. R. And though the same seems an act of Wisdome for Merchants and others so to take yet it oftentimes proves the destruction of many a Family The Father puts out the Son perhaps with no less then 2 or 300 l and is himself become bound for his Truth and just Accounting c. The Servant is immediately trusted with his Cash and then he too young experienc'd in the World either neglects keeping a iust account or keeping that subjects his Masters Cash to be spent by himself and those who make it their sole Trade to betray such Youths The Master finding the consumption calls his Servant to account who conscious of the act forsakes his Service dares not see his Relations and then as a general consequence falls into a Company the which nothing but Providence can preserve from taking their wicked courses The Father is called to answer what ever the Master does say the Servant hath spent or imbezled none being able to contradict him he must with a heart full of grief submit to and pay besides the loss of the Moneys advanced upon the Servant's first putting forth Which sometimes proves a great affliction in a Family On the other side if Servants were not to be entrusted the Mystery could not be learnt nor the business dispatched and therefore faith must be given but then it were Justice and Honesty that as a Father puts perhaps the Child of his love to one in whom he reposes a faith and trust that the Master should be then as a Parent so they should prevent all occasions that might subject them to Temptations and not be over-hasty in Trusting them with the Cash which is the very Bait our London Gamesters catch such Gudgeons Rastal 339. Bald. in râ—… br de constitut pecunia in ult Col. leg quidem ff eodem Col. penult Bald. in Leg. pro debito C. de bon actor Judi possiden per Bartol in Leg. singularia Col. 7. ff probatur Pinchard versus Fowk Styles 416. Pasch. 1654. in B. R. Styles 370. London Holland There are two Protests 1. For non-acceptance which is called intimation 2. for non-payment * Which is look'd upon to be the third day There is no danger be the party never so responsible to protest immediately if the money be not paid when it is due i. e. the third day but there may especially beyond Seas be great hazard for want of protesting In leg pno debito in fine C. de bonis author Judi possiden 14 dayes allowed from the death before Administration can be committed unless there be a Will But an Intimation ought to go and that the Acceptor is willing to pay according to Order * L. 1. Cap. 1. §. 1 2 3. * Aristotle Polit. †Campanella Monarch Hisâ—… Money is like the middle term of a Syllogisine of which it is said Quo conveniunt in tertio conveniunt inter se. †Poland and generally in most of those Northern Countries Vide Chap. of Exchange §. 1. Leg. 3. D. de Naut faen l. 1. eod l. 62. D. de rei Vindic. Locinius lib. 2. Cap. 4. §. 2. †Leg. Faen Naut leg periculi â—…od Vide Passim ad leg de Faen Naut DD. leg Naval Rhod. Vide leg 3. C. de Faen Naut Leg. Naval Art 17. Art 18. * Testatur Vinius in Peckium ad I. L. Nautic quem vide pag. 95. Leg. Oleron Cap. 1. Leg. 4. D. de Naut faen l. 1. C. eod leg qui Romae §. Callimachus de verb. obl ibi Gothfr alios Scarborrough and Lyrius Pasch. 3 Car. in B. R. Rott 213. Noy 95. 16 Car. cap. 6. A good Law and ought to be encouraged It 's pity it was not continued * Joh. Locinij l. 2. Cap. 4. §. 1. Latches Rep. fo 252. Scarborongh ' s case †Teste Camdeno in Britannia p. m. 149. Locinius lib. 2. Cap. 4. §. 1. Toto lit Dig. Cod. de Naut faen Doctorum sic hardus in tit Cod. de Naut faen n. 4. Trajectitia pecunia propter periculum creditoris quamdiu navigat navis infinit as usur as capere potest upon which Law it was observed by Anianus Quia Maris periculo committitur quant as convenerit usur as hanc pecuniam dare Creditor potest * Trin. 6 Jac. in B. R. 2. Cro. 258. Sharpley versus Harroll Verum enim vero hie propriè non versari damnatum foenus sed compensationem aliquam periculi quod creditor contra naturam mutui in se recepit patrim Johannes Locinius liâ—… 2. Cap. 4. §. 1. 2. * C. B. Hill 22 23 Car. 2. Vide Carolus Molinaeus de usur q. 3. n. 92. ait hoc approbant omnes Theologi ut Creditor possit aliquid accipere ultra fortem pro