View of the Admiral Jurisdiction, Chapter 13 – Part 25
CHAP. XIII.
Of the Agreement touching the Admiralty in Anno 1575. As alſo of the Reſolutions Hill. 8. Car. 1. upon the Caſes of Admiral Juriſdiction.
THE Non-obſervance of the ſaid Agreement, being for the more quiet and certain execution of Admiral Juriſdiction, was one of the Objections of the Admiralty in Anno 8 Jac. Reg. whereof mention is made by the Lord Coke, in Par. 4. Inſtit. cap. 22. And where it is ſaid to be a ſuppoſed Agreement, and that it had not been delivered to the then Judges, but acknowledged to have heard the ſame read over in His Majeſties Preſence; And to which Anſwer was then made, That for ſo much thereof as differeth from thoſe Anſwers, (viz. to the other Objections then made) it is againſt the Laws and Statutes of this Realm: And therefore the Judges of the Kings Bench never aſſented thereunto, as is pretended, neither doth the phraſe thereof agree with the tearms of the Laws of the Realm. This was the Anſwer then given to that Objection grounded upon the ſaid Agreement. Whether the ſame were no more then ſuppoſed, may be referred to the matter of Fact; wherein, if ſo, the evidentia rei will eaſily liquidate the ſcruple, and diſſipate dubieties. Though the ſaid Agreement be diſagreed, yet the Law like the Axis of the Body Politick, remains fixed notwithſtanding the rotation of opinions; And whether ſo much thereof, as differed from the Anſwers then made to the other Objections, were repugnant to the Laws and Statutes of the Realm, or the phraſe diſcrepant from the tearms thereof, would be more viſible upon an Inſpection, were it free to inſert that as an Imprinted Agreement here, which is called but a ſuppoſed Agreement there; Therefore to inquire how far the ſaid Agreement made, or ſuppoſed to be made, in one age, may be obligatory in another, may poſſibly have an implication of more verity and reality, then the thing it ſelf with general conſent doth or may challenge; yet being in ſubſtance Conſonant to the ſubſequent Reſolutions upon the Caſes of Admirall Juriſdiction, and being an Objection long ſince under a former Impreſſion, with the Anſwer thereto as aforeſaid, it may be now a leſs Tranſgreſſion to omit the Thing it ſelf, ſaltem in terminis, then Digreſſion to have given this ſhort hint thereof, quaſi in nubibus.
The Reſolutions, Hill. 8. Car. 1. upon the Caſes of Admiral Juriſdiction, being the Articles, Propoſitions, and Agreement made and ſubſcribed in Febr. 1632. by all the Reverend Judges of both the Honourable Benches, for the accommodating and ſetling the Differences concerning Prohibitions, are very Energetical in Affirmance of much of the Rights of the ſaid Juriſdiction. The Sun need not borrow the Auxiliaries of Art to demonſtrate his Light. Theſe Articles and this Agreement (whatever the former be) are more then ſuppoſed, being reall and true. You have it here (as to the Body and Subſtance thereof) in no other words then Sir Geo. Croke in his Reports delivers it; with the requiſite Addition of the ſtyle or Preface thereto, together with the names of the Lords of His Majeſties moſt Honourable Councel then preſent; As followeth, viz.
At White Hall, 18 Febr. 1632. Preſent, The Kings Moſt Excellent Majeſty.
Lord Keeper.
Lord Arch-Biſhop of York.
Lord Treaſurer.
Lord Privy Seal.
Earl Marſhal.
Lord Chamberlain.
E. of Dorſet.
E. of Carliſle.
E. of Holland.
E. of Denbeigh.
Lord Chancellour of Scotland.
E. of Morton.
Lord V. Wimbleton.
Lord V. Wentworth.
Lord V. Faulkland.
Lord Biſhop of London.
Lord Cottington.
Lord Newburgh.
Mr. Treaſurer.
Mr. Controller.
Mr. Vice-Chamberlain.
Mr. Secretary Coke.
Mr. Secretary Windebank.
This day His Majeſty being preſent in Councel, the Articles and Propoſitions following for the accommodating and ſetling the Difference concerning Prohibitions, ariſing between His Majeſties Courts at Weſtminſter, and His Court of Admiralty, were fully Debated and Reſolved by the Board; And were then likewiſe upon reading the ſame as well before the Judges of his Majeſties ſaid Courts at Weſtminſter, as before the Judge of His ſaid Court of Admiralty, and His Atturney General, Agreed unto and ſubſcribed by them all in His Majeſties Preſence, viz.
1. If Suit ſhould be commenced in the Court of Admiralty upon Contracts made, or other things Perſonal, done beyond the Seas, or upon the Sea; No Prohibition to be awarded.
2. If Suit be before the Admiral for Fraight, or Mariners wages, or for breach of Charter-parties, for Voyages to be made beyond the Seas: Though the Charter-party happen to be made within the Realm; ſo as the Penalty be not demanded, a Prohibition is not to be granted. But if the Suit be for the Penalty; Or if the queſtion be, whether the Charter-party were made or not; Or whether the Plaintiff did releaſe or otherwiſe diſcharge the ſame within the Realm; This is to be tryed in the Kings Courts at Weſtminſter, and not in His Court of Admiralty.
3. If Suit be in the Court of Admiralty for Building, Amending, Saving, or neceſſary Victualling of a Ship, againſt the Ship it ſelf, and not againſt any party by name, but ſuch as for his Intereſt makes himſelf a party; No Prohibition is to be granted, though this be done within the Realm.
4. Although of ſome Cauſes ariſing upon the Thames beneath the firſt Bridge, and divers other Rivers beneath the firſt Bridge, the Kings Courts have Cognizance; Yet the Admiralty hath alſo Juriſdiction there, in the point ſpecially mentioned in the Statute of 15 R. 2. And alſo by Expoſition and Equity thereof, he may inquire of and redreſs all annoyances and obſtructions in theſe Rivers, that are any impediment to Navigation or Paſſage to or from the Sea: And alſo to try Perſonal Contracts and Injuries done there which concern Navigation upon the Sea. And no Prohibition is to be granted in ſuch Caſes.
5. If any be impriſoned, and upon Habeas Corpus brought; If it be certified, that any of theſe be the Cauſe of his Impriſonment, the party ſhall be remanded.
Subſcribed Febr. 1632. By all the Judges of both Benches.
AN EXTRACT, By way of APPENDIX, Of the Ancient LAVVS of Oleron. Rendred into Engliſh out of GARSIAS aliàs FERRAND. Together with Some Marginal Obſervations thereon.
LONDON, Printed in the Year 1661.
AN EXTRACT (By way of APPENDIX) of the Ancient Sea-Laws of OLERON; Rendred into Engliſh out of Garſias, aliàs Ferrand.
The Judgements of the Sea, and the Iſle of OLERON.
For the Regulation and Government of Merchants, Owners of Ships, Part-Owners, Maſters of Ships, and Common Mariners in all Maritime Affairs.
I.
WHen a Ship or other Veſſel, whereof a Maſter is made, belonging to ſeveral Part-Owners, and departing from her own Port, arrives at Burdeoux, Rouen, or ſuch like place, and is there Fraighted to ſail for Scotland, or ſome other Forraign Country; The Maſter in ſuch caſe may not ſell or diſpoſe Skippers Sale, without ſpeciall Procuration, not good.the ſaid Veſſel without Licence or a ſpecial Procuration for that purpoſe from the ſaid Owners; But in caſe he want monies for the Victualling, or other neceſſary proviſions of the ſaid Veſſel, he may for that end with the advice of his Mariners, hypothecate, pawn, or pledge part of the Tackle or Furniture Ship-Tackle pawned for Ship-neceſſaries, good.of the ſaid Ship.
II.
If a Ship or other Veſſel be in a Port or Haven, waiting for her Fraight, therewith to depart; the Maſter, before he depart thence, ought firſt to Conſult with his Company, and ſay, (Sirs) We have now an opportunity Skipper not to quit a Port without advice of his Mariners.to ſet Sail; Some of them poſſibly will ſay, The Weather as yet ſeems not good enough, the Wind being but now newly changed, and we ought to ſee it ſomewhat ſetled; Others of them poſſibly will ſay, The Weather is good and fair: In this Caſe the ſaid Maſter is to concur with the Opinion of the major part of his Company; If he does otherwiſe, and the Veſſel happen to miſcarry thereby, he is obliged to make good the ſame, according to the value upon a juſt appraiſement.
III.
If any Veſſel through misfortune happen to be caſt away, in whatſoever place it be, the mariners are bound to uſe their beſt endevour for the ſaving as much of the Ship and Lading as poſſibly they can; And if Mariners in caſe of that like Wreck, to ſave what may be ſaved.they preſerve part thereof, the Maſter is bound to allow them reaſonable Conſideration, whereby to get home to their own Country; And in caſe they ſave ſo much as whereby the Maſter may do this, then may he lawfully pledge to ſome honeſt perſons ſuch part thereof as may ſerve for that occaſion. But if they have not endevoured to ſave as aforeſaid, then the Maſter is not bound to provide for them in any thing; but rather they loſe their wages when the Veſſel is loſt. And the Maſter may not ſell the Furniture of the Veſſel, or her Lading without a Procuration for that purpoſe from the Owners and Merchants; But yet he Skippers Sale, in caſe of diſaſter, not good without ſpeciall procuration.ought, if it may be, to have the Mariners in a readineſs, until he knows the pleaſure of the Owners; And herein he ought to doe as becomes a prudent Maſter; for if he does otherwiſe, he is obliged to ſatisfaction.
IV.
A Veſſel Laden, departing from Rochel, or ſome other place, happens in the Courſe of her Voyage to be rendred unfit to proceed therein, yet the Mariners ſave as much of the Lading as poſſibly they can; The Merchants and Maſter are at variance, requiring to have their Merchandize or the Lading from the Maſter; They ought indeed to Part of fraight to be paid for part of a Voyage.have them, paying Fraight for ſo far as they made the ſaid Voyage, Kenning by Kenning, and Courſe by Courſe, if it ſo pleaſe the Maſter. But if he will, he may repair his Veſſel, if ſo be ſhe be in ſuch caſe as that readily ſhe may be repaired; but if otherwiſe, and he cannot hire another Veſſel The Skipper, to hire another Ship to finiſh his Voyage, in caſe of diſaſter to his own.to finiſh his ſaid Voyage, then the Maſter ſhall have his Fraight for ſo far of the ſaid Voyage, and for ſo much of the Lading as is there ſaved. And the Fraight of the Goods that are ſaved, ought all of it to be reckoned Liver by Liver, and the ſaved Goods to pay the Coſts of their ſalvage, according as they ſhall happen to be. And in caſe it happens that the Maſter, Merchant, or Mariners promiſed the People of the Country, where ſuch misfortune is, a third or one moity of what by their help ſhould The Reward of Salvage not to be paid according to promiſe made in time of diſtreſſe, but as the Court of Admiralty ſhall determine according to Equity.be ſaved of the Ship and Lading, out of the dangers they were in; In that caſe the Juſtice of that Country, where ſuch misfortune happens, ought well to conſider what pains they beſtowed, and what hazards they did run in the ſaving thereof, and to reward them accordingly, notwithſtanding what promiſe in ſuch diſtreſs ſo made them as aforeſaid by ſuch Maſter, Merchant, or Mariner.
V.
If a Veſſel depart from any Country Laden or Empty, and arrive at any Port, the Mariners ought not to leave the Ship, or to go out of her without the Maſters Leave or Mariners (without the leave of the Skipper) may not go out of the Ship, when arrived to a Port.Licence; For if otherwiſe, and the Veſſel ſhould happen to be loſt, or by any misfortune be damnified, they are obliged to make ſatisfaction for the ſame. But if the Veſſel was in ſuch a place, as wherein ſhe was Anchored and Moared with two or three Cables, they may then lawfully go out of her without the ſaid Maſters Licence, provided In ſome caſes ſome of them may.they leave behind them on Ship-board ſuch a number of the Ships Company, their Fellow-Mariners, as is ſufficient to keep the Decks, and the Merchandize or the Lading of the Ship, provided alſo that they return again in due time and ſeaſon to their ſaid Ship. For if they make unneceſſary delays, or ſtay from the Ship longer then is meet, they ought to make ſatisfaction, if they have wherewithal.
VI.
If ſome of the Mariners, that hired themſelves with the Maſter, go out of the Ship without his Leave, and drink themſelves drunk, or the like, whereby there happens Contempt to their Maſter, beſides Debates, Fightings and Quarrellings among themſelves, whereby ſome happen to be wounded; In this Caſe the Maſter is not obliged Mariners drunk a ſhore, and wounded, not to be healed at the Ships charge.to get them healed, or in any thing to provide for them, but rather to diſcharge them of the Veſſel, and to turn them out of the Ship, both them and their Comrades. But if by the Maſters Order and Command any of the Ships Company be in the ſervice of Mariners wounded in the Ships ſervice, are to be healed at the Ships charge.the Ship, and therein happen to be wounded or otherwiſe hurt, in this Caſe they ought to be healed and provided for at the Coſts and charges of the ſaid Ship.
VII.
If it ſo happens that Sickneſs doth ſeize on any of the Mariners of the Ship, while he is in the ſervice of the ſaid Ship, the Maſter How ſick Mariners are to be provided for.ought to ſet him on ſhore, and to let him have Candle-Light, and to provide him a Lodging, as alſo to ſpare him one of the Ship-boyes to look to him, or hire a woman to attend him; Likewiſe to afford him ſuch Diet as is uſual in the Ship, that is to ſay, ſo much as he had a Shipboard in his health, and nothing more, unleſs it pleaſe the Maſter to allow him more; And if he will have better Diet, the Maſter is not bound to provide it for him, unleſs it be at his own Coſts and Charges. And if The Ship not to ſtay for a ſick Mariner.the Veſſel be ready for her departure, ſhe ought not to ſtay for the ſaid ſick party; If he recover, he ought to have his full wages or competent hire, rebating or deducting Sick Mariners ought to have their full wages, deducting the charge of his ſickneſs.only ſuch Charges as the Maſter hath been at for him; And if he dyes, his wife or next of kin ought to have it.*Executors of a deceaſed Mariner, ought to receive the wages due to him.
VIII.
A Veſſel is Laden to ſail for Rouen, or ſome other place; it happens that a ſtorm overtakes her at Sea, and ſo violent that ſhe cannot eſcape without caſting ſome of her Lading and the Merchandize over board, for lightning the ſaid Veſſel, and preſerving the reſt of the Lading, as alſo of the Veſſel it ſelf; In this Caſe the Maſter ought to ſay, Sirs, It is fit or expedient to caſt over board ſome part of the Lading to ſave the Veſſel; And if there be no Merchant that anſwers his pleaſure herein, or accords and approves thereof by his ſilence; Then the In caſe of ſtorm, Skipper to uſe his diſcretion in caſting goods over board, to lighten the Veſſel, and to preſerve the ſame.Maſter ought to uſe his diſcretion, and to do what in him lyes, and to caſt part of the Lading over board; And if this pleaſe not the Merchants, but that they gain-ſay or contradict it, yet the Maſter, notwithſtanding this, ought not to forbear caſting out ſo much goods as he ſhall ſee may be for the common good and ſafety; he and the third part of his Mariners making Oath on the Holy Evangeliſt, when they arrive at their right Port of Diſcharge, that he did it only for the preſervation of the Veſſel, and the reſt of the Lading that remains yet in her. And the Wines (or other goods) that were caſt over board, ought to be valued and prized according to the juſt value of the other goods that arrive in ſafety. And when theſe What the Law is in the caſe of Averidge.ſhall be ſold, the price or value thereof ought to be divided Liver by Liver among the Me…chants; And the Maſter ought to make the diviſion, and to compute the damage of the Veſſel, or the Fraight at his own choice for the recovery thereof; And the Mariners alſo ought to have one Tun free, and another divided by Caſt of the Dice, according as it ſhall happen, if he make it appear he did the part of an able Sea-man. But if he make not this to appear, then he ſhall have nothing freely; and the Merchants in this Caſe may lawfully put the Maſter to his Oath.
IX.
If it happen that by reaſon of much foul weather the Maſter is like to be conſtrain'd to cut his Maſts, he ought firſt to call the Merchants, if there be any a board the Ship, and ſuch as have goods and Merchandize in the Veſſel; and to ſay unto them, Sirs, It is requiſite to cut down the Maſt, to ſave the What the Law is in caſe of cutting Maſts or Cables in a ſtorm.Ship and Lading, it being in this caſe no more then becomes my duty; And oft times it comes to paſs that they alſo cut their Moaring Cables, leaving behind them their Cables and Anchors to ſave the Ship and her Lading. All theſe things are reckoned and computed Liver by Liver, as goods are that were caſt over board; And when the Veſſel arrives in ſafety at her right Port of Diſcharge, the Merchants ought to pay their ſhares or proportions without delay, or ſell the goods and pledge the mony thereof proceeding to ſatisfie the ſame before ſuch time as the ſaid goods may be unladen out of the ſaid Ship. And if the Veſſel be ſuch as uſually is let out for hire upon Fraight, and there happen Controverſies and Debates touching the premiſes, if the Maſter obſerves Colluſion therein, he ought not to depart, but is to have his compleat Fraight as if his Tunnage were full.
X.
When a Maſter arrives in ſafety at the right Port of his Diſcharge with his Veſſel, he ought to ſhew his Merchants the Cordage, Ropes, or Slings, wherewith he intends to hoyſe the goods over board; And The ſhip-ropes or ſlings to hoyſe out goods withal, to be viewed before uſed.if they find that they need mending, he ought to mend the ſame; For if a Pipe, Hogſhead, or other Veſſel, ſhould happen by default of ſuch Cordage, or Slings, to be ſpoyled or loſt, the Maſter and Mariners ought to make ſatisfaction for the ſame to the Merchants. So alſo if the Ropes or Slings break, the Maſter not foreſhewing them to the Merchants, he is obliged to make good the damage. But if the Merchants ſay the Cordage, Ropes, or Slings are good and ſufficient, and it notwithſtanding happen that they break, in that caſe each of them ought to divide the damage, that is to ſay, the Merchant to whom ſuch goods belong, and the ſaid Maſter with his Mariners.
XI.
A Veſſel being Laden with Wines or other Goods, hoyſes Sail to tranſport the ſame to Brest, or ſome other place, but the Maſter and Mariners trim not their Sails ſo as they might or ought to have done, and it happens that ill weather overtakes them at Sea, and ſo as that the main yard ſhakes or ſtrikes out the head of one of the Pipes, or Hogſheads of Wine; This Veſſel being in ſafety arrived at her Port of Diſcharge, the Merchant ſays to the Maſter, That by reaſon of his main yard his Wine was loſt; Goods damnified at Sea, whether by the Ship-tackle or not, to be purged and cleared by the Oath of the Skipper and part of his Company.The Maſter replying, ſays, It was not ſo: In this caſe if the Maſter and his Mariners will make Oath (be it four or ſix, and ſuch of them as the Merchant hath no exception againſt) That the Wine periſh'd not by the main yard, nor by them, or through their default, as the Merchant charges them, they ought then to be acquitted thereof; But if they refuſe to make Oath to the effect aforeſaid, they are then obliged to make ſatisfaction for the ſame, for that they ought to have ordered their Sails aright before they departed from the Port where they took in their Lading.
XII.
A Maſter having hired his Mariners, he ought to keep the Peace betwixt them, and to be as their Judge at Sea; ſo that if there be any of them that gives another the Lye, The Law in caſe of the Lye, or a ſtroak given by or to the Skipper or his Mariners.whileſt they have Wine and Bread on the Table, he ought to pay four Denieres; And if the Maſter himſelf give any the Lye, he ought to pay eight Denieres; And if any of the Mariners give the Maſter the Lye, he alſo ought to pay eight Denieres. And if the Maſter ſtrike any of his Mariners, he ought to bear with the firſt ſtroak, be it with the fiſt or open hand; but if the Maſter doth fiercely aſſault him with more ſtroaks, the ſaid Mariner may defend himſelf; but and if the ſaid common Mariner doth firſt aſſault the Maſter, he ought to pay five Solz, or loſe his hand.
XIII.
If a difference happen between the Maſter of a Ship, and any one of his Mariners, the Maſter ought three times to take away from him, or lift up before the ſaid Mariner the Towel, ere he turn him out of the Ship, The Law in caſe of difference between the Skipper and any of his Mariners.or diſcharge him thereof; But if the ſaid Mariner offer in the preſence of the reſt of the Mariners to make the Maſter ſatisfaction, and the Maſter be ſo reſolved that he will accept of no ſatisfaction from him, but notwithſtanding ſuch offer of ſatisfaction will put him out of the Ship; In ſuch caſe the ſaid Mariner may betake himſelf to follow the ſaid Veſſel to her Port of Diſcharge, and ought to have as good hire or wages as if he had come in the Ship, or as if he had made ſatisfaction for his fault in the ſight and preſence of the Ship-Company; And if the Skipper to take an able Mariner in the abſence of another, or to make good the damage, if any thereby.Maſter take not another Mariner into the Ship in his ſtead, as able as the other, and the Ship or Lading happen thereby to be through any misfortune damnified, the Maſter is obliged to make good the ſame, if he hath wherewithal.
XIV.
If a Veſſel lying at Anchor be ſtruck or grapled with by another Veſſel under Sail, that is not very well ſteer'd, whereby the Veſſel at Anchor is prejudiced, as alſo Wines, or other Merchandize in each of the ſaid Ships damnified; In this caſe the whole damage is to be in common, and to be equally divided and appraized half by In caſe of Colliſion, one ſhip againſt another, the damage to be in common, and equally divided, yet ſo as they both (if need be) purge themſelves of all wilfulneſs by Oath.half; And the Maſter and Mariners of the Veſſel that ſtruck or grapled with the other, are bound to ſwear on the holy Evangeliſt that they did it not wittingly or wilfully. And the reaſon why this Judgement was firſt given, was, That an old decayed Veſſel might not purpoſely be put in the way of a better, which will the rather be prevented when they know that the damage muſt be divided.
XV.
Suppoſe two or more Veſſels in a Harbour where there is but little water, ſo as that the Anchor of one of the Veſſels lyes dry; The Maſter of the other Veſſel ought in that caſe to ſay unto him whoſe Anchor lyes dry; Maſter, Take up your Anchor, for it is too nigh us, and may do us a prejudice; if neither the ſaid Maſter nor his Mariners will take up the ſaid Anchor accordingly, What the Law is in placing of Anchors in Harbours, ſpecially where there is but little water; as alſo of Boys to the ſaid Anchors.then may that other Maſter and his Mariners (who might be otherwiſe thereby damnified) take up the ſaid Anchor, and let it down again at a farther diſtance from them; And if the others oppoſe or withſtand the taking up of their Anchor, and there afterwards happen damage thereby, they are bound to give full ſatisfaction for the ſame; In like manner it is, if they neglect the placing of a Boy to the Anchor, and damage happen thereby, they are obliged to repair the ſame; And ſo alſo it is in caſe damage ſo happen in a Haven at low water, for they ought to faſten ſuch Boys or Anchor-marks, and ſuch Cables to theit Anchors, as may plainly appear and be ſeen at full Sea.
XVI.
A Veſſel going to ſeek a Fraight, arrives at her place of Lading in England, or elſewhere; the Maſter ought then to ſay to his Company; Sirs, Will you Fraight by your ſelves, What the Mariners Immunity or Priviledge anciently was in Fraight; which is now grown obſolete.or be allowed at the Fraight of the Ship? They are to anſwer which of the two they intend; if they take as the Fraight of the Ship ſhall happen, they ſhall have proportionably as the Ship hath. And if they will Fraight by themſelves, they ought to Fraight ſo as that the Ship be not impeded or hindred thereby. And if it ſo happen, that Fraight may not be had, the Maſter is blameleſs; and he ought to ſhew them their Ship-fare, which he may weigh out to each of them. And if they will there lade a Tun of Water in ſtead of ſo much Wine, they may; And in caſe there ſhould happen at Sea a caſting of goods over board, the Caſe is the ſame for a Tun of Water as in a Tun of Wine, or other goods, Liver by Liver. And if ſo be that Merchants do Fraight the ſaid Veſſel for Tranſportation of Goods, what freedome and immunity the ſaid Mariner hath, the ſaid Merchant ſhall alſo have.
XVII.
The Mariners of Brittain ought to have but one meal a day from the Kitchin, becauſe It ſeems in thoſe days this was the Law; Now no ſuch thing in uſe.they have Beverage or Drinkings out and home; But thoſe of Normandy are to have two meals a day, becauſe they have only water at the Ships allowance; only when the Ship arrives at a Wine-Country, there the Maſter is to procure them Wine to drink.
XVIII.
When a Veſſel doth diſcharge or unload, and the Mariners demand their wages, whereof ſome have neither Bed, Cheſt, nor The Skipper may compel the Mariner to complete the Ships Voyage.Cabbin aboard, the Maſter may lawfully retain part of their wages till they have brought back the Ship to the Port from whence ſhe came, unleſs they give good caution to ſerve out the whole Voyage.
XIX.
If the Maſter hire the Mariners in that Town whereunto the Veſſel belongs, whereof ſome at their own finding, others of them at his own coſts and proviſion; And it happen that the Ship cannot procure Fraight in thoſe parts where ſhe is now arrived, but muſt ſail yet farther to obtain it; In ſuch Caſe they that are at their own finding, ought to follow the Maſter, and ſuch as are at his own coſts, ought to have their wages advanced Kenning by Kenning, and Courſe by The Contract for wages muſt be performed, though the Voyage be not; ſo as the fault be not in the Mariners.Courſe, for that he hired them to one certain place. And if they go not ſo far as to that place for which the Contract was made, yet they ought to have the whole promiſed hire, as if they had gone thither; But they ought to bring back the Veſſel to the place from whence they took her.
XX.
When a Veſſel arrives at Rouen, or any other place, two of the Mariners at a time may go a ſhore and take with them one meal of ſuch Victuals as is in the Ship, therein cut and provided, as alſo Bread proportionably What the Law is touching Mariners going a ſhore when the ſhip is in Port.as much as they eat at once, but no Drink: And they ought very ſpeedily and in ſeaſon to return to their Veſſel, that thereby the Maſter may not loſe the earneſt or hire of the Ship; for if ſo, and damage come thereby, they are bound to make ſatisfaction; or if any of their Company be hurt for want of their help, they are to be at ſuch charge of his recovery as one of his Fellow-Mariners, or the Maſter, with thoſe of the Table ſhall judge or arbitrate.
XXI.
If a Maſter lets his Ship to Fraight to a Merchant, and ſet him a certain time within which he ſhall lade his Veſſel, that ſhe may be ready to depart at the time appointed, and he lade it not within the time, but keep the Maſter and Mariners by the ſpace of eight days, or a fortnight, or more, beyond the time agreed on, whereby the Maſter loſeth the opportunity of a fair wind to depart, by reaſon of this the Merchants ſaid default; The Merchant to pay Demourage, when it happens through his own default.The ſaid Merchant in this caſe is obliged to make the Maſter ſatisfaction for ſuch delay, the fourth whereof is to go among the Mariners, and the other three fourth parts to the Maſter, becauſe he finds them their expences.
XXII.
When a Merchant Fraights a Veſſel at his own charge, and ſets her to Sea, and the ſaid Veſſel enter into an Harbour, where ſhe is wind-bound, that ſhe ſtays ſo long till her monies be all ſpent, the Maſter in that What the Law is in …aſe a Skippe… on his Voyage be reduced to Neceſſities in a Forraign Port.eaſe ought ſpeedily to ſend home to his own Country for mony; but he ought not to loſe his armogan, or deſert his Voyage or main deſign; for if ſo, he is the… obliged to make good to the Merchant all ſuch damag…s as ſhall enſue thereby; But yet the Maſter may take part of the Wines or other Merchand-goods, and diſpo…e thereof to compaſs In ſome caſes the Skipper may ſell part of his Lading.his return; And when the ſaid Veſſel ſhall be arrived at her right Port of Diſcharge, the ſaid Wines that the Maſter hath If part oſ a Merchants Carge be ſold to ſupply the Neceſſities of the Ship, the value and fraight thereof is to be made good to and by the ſaid Merchant.ſo diſpoſed of, ought to be valued and appraized at the ſame rate as the other Wines ſhall be commonly ſold for, at no more nor leſs, and accordingly be accounted for to the Merchant; And the Maſter ought to have the Fraight of ſuch Wines as he hath ſo taken and diſpoſed of for the uſe and reaſon aforeſaid.
XXIII.
If a Pilot undertaking the Conduct of a Veſſel, to bring her to St. Mallo, or any other Port, fail of his duty therein, ſo as the Veſſel miſcarry by reaſon of his ignorance in what he undertook, and the Merchants ſuſtain damage thereby, he is obliged The head of an unskilful Pilo muſt go for the loſs of a Veſſel occaſioned by his unskilfulneſs, in caſe he hath not wherewith to make ſatisfaction.to make full fatisfaction for the ſame, if he hath wherewithal: And if he be not able to make ſatisfaction, he ought to loſe his head. And if in that caſe the Maſter or any of the Mariners, or the Merchants, cut off his head, they are not bound to anſwer for it; But yet before they do this, they ought to know whether he hath wherewith to make ſatisfaction.
XXIV.
A Veſſel being arrived at her Port of Diſcharge, and hoyſed up there into dry ground, and ſo as the Mariners deeming her to be in good ſafety do take down her Sails, and ſo fit the Veſſel a loof and aft, the Maſter now cught to conſider an increaſe of their wages Kenning by Kenning; And if in winding or hoyſing of Wines, it happens that they leave open any of the Pipes, or other Veſſels, or that they faſten not the What the Law is in caſe of damage to goods, by reaſon of the Ship-ropes or Slings in hoyſing of goods over board.Ropes well at the ends of the Veſſel, by reaſon whereof it ſlips, and falls, and ſo loſt, or falling on another, both are damnified, or loſt; In theſe Caſes the Maſter and Mariners are bound to make them good to the Merchants, and the Merchants muſt pay the Fraight of the ſaid damnified or loſt Wines, becauſe themſelves are to receive for them from the Maſter and Mariners, according to the value that the reſt of the Wines are ſold for; And the Owners of the Ship ought not to ſuffer hereby, becauſe the damage happened by default of the Maſter and Mariners, in not faſtning the ſaid Veſſels of Wine.
XXV.
It two Veſſels go on a Fiſhing deſign in Partnerſhip, as for Mackerel, Herring, Rayes, or the like, and do ſet their Nets, What the Law is as to Partnerſhip in the Fiſhing Craft.and lay their Lines for that purpoſe; The one of the Veſſels ought to imploy as many Fiſhing Engines as the other, and ſo ſhall go in equal ſhares as to the gain, according to the Agreement betwixt them made. After this, if it ſo happen, that one of the ſaid Veſſels with her Fiſhing Inſtruments and Engines periſh, the other eſcaping, arrive in ſafety; the ſurviving friends of In caſe of ſuch Partnerſhip, part of the profits upon ſuch a Fiſhing deſign, accrue to the next of kin, to the deceaſed in that deſign.thoſe that periſhed, may require of the other to have their part of the gain, as alſo of their Fiſh and Fiſhing Inſtruments; And they are to have it accordingly upon the Oaths of thoſe that eſcape; But in or of the Veſſel it ſelf, they are to have nothing.