View of the Admiral Jurisdiction, Part 26 – Part 47
XXVI.
If any Ship or other Veſſel ſailing to and f…o, and Coaſting the Seas, as well in the way of Merchandizing, as upon a Fiſhing deſign, happen by ſome misfortune through the violence of the Weather to ſtrike her ſelf againſt the Rocks, whereby ſhe becomes ſo bruiſed and broken, that there ſhe periſhes, be it on what Coaſts, Country or Dominion ſoever, and the Maſter and Mariners, Merchant or Merchants, or any one of theſe eſcape and come ſafe to Land; In this Caſe the Lord of that place or Country, where ſuch misfortune ſhall happen, ought not to let, hinder, or oppoſe ſuch as have ſo eſcaped, or ſuch, to whom the ſaid Ship, or Veſſel, and her Lading belong, in Ship broken, men not to be impeded or h…ndred, but aided and aſſiſted in preſervation of Ship and Lading.uſing their utmoſt endevour for the preſervation of as much thereof as may poſſibly be ſaved. But contrariwiſe, the Lord of that place or Country, by his own intereſt, and by thoſe under his power and Juriſdiction, ought to be aiding and aſſiſting to the ſaid diſtreſſed Merchants and Mariners, in ſaving their Ship-broken-goods, and that without the leaſt imbezilment or taking any thereof from them. Nevertheleſs there may be a Remuneration or Conſideration for Salvage to ſuch as took pains therein, anſwerable to their Conditions, according to right Reaſon, Salvage to be regulated, not according to promiſe made by the diſtreſſed, but as the Court of Admiralty ſhall judge in equity.and a good Conſcience, and as Juſtice ſhall appoint, notwithſtanding what promiſe in that Caſe was made to the Salvers by ſuch diſtreſſed Merchants and Mariners, as before is declared: And in caſe any ſhall do contrary hereunto, or take any part of the ſaid goods from the ſaid poor, diſtreſſed, ruin'd, undone, Ship-broken perſons, againſt their Art. 4. Naufragium, quaſi Navis Fractio. The penalty of ſuch Thieves as ſteal ſrom perſons that are Ship-broken.wills, and without their conſent, they are Excommunicated by the Church, and ought to receive the puniſhment of Thieves, without ſpeedy Reſtitution be made by them; And there is no Cuſtome or Statute whatever that can protect them againſt the ſaid penalties.
XXVII.
If a Ship or other Veſſel entring into an Harbour, or elſewhere, happen by misfortune to be broken and periſh, inſomuch that the Maſter, Mariners, and Merchants, which were on board her, are all drowned; ſo that the Goods thereof in part are driven a ſhore, the reſt floating on the Sea, without being ſought after by thoſe to whom they belong, they being ignorant of this ſad diſaſter, and knowing nothing thereof; In this Caſe, which is very lamentable, the Lord of that place or Country ought to ſend perſons to VVhat the Law is in caſe of wreck.ſave the ſaid Goods, which he ought to ſecure and to put into ſafe cuſtody; and thereof ought alſo (if it may be) to give notice to the Friends or next of Kin to the deceaſed, and to ſatisfie for the ſalvage thereof, not out of his own purſe, but of the Goods ſaved, according to the hazard and pains taken therein; and the remainder to reſerve in ſafe cuſtody for one year or more; And if in that time they to whom the ſaid Goods did appertain, do not appear and claim the ſame, and the ſaid year or more be fully expired, he may publickly ſell and diſpoſe thereof to ſuch as will give moſt, and with the monies proceeding of the ſale thereof, he is to procure prayers to be made for the *As if the gift of Salvation might be purchaſed with mony. Good meanings will never exculpate blind and ſuperſtitious Devotion. This is the Law of Rome by Land at this day, as well as of Oleron at Sea, nigh 500 years ſince.Remiſſion of the ſins of the deceaſed, or to provide Marriages for poor Maids, and to do therewith ſuch other works of piety and charity as is conſonant to Reaſon and a good Conſcience. But if he aſſume the ſaid goods either in whole or in part unto himſelf, he ſhall incur the Curſe or Malediction of our Mother the holy Church, with the foreſaid pains and penalties, without ever obtaining Remiſſion, unleſs he make ſatisfaction.
XXVIII.
If a Ship or other Veſſel happen to be loſt by ſtriking on ſome Rock, or elſewhere nigh the ſhore, and the Mainers thinking to eſcape and ſave their lives, attempt to come nigh the ſhore or brink of the Sea in hope of help, but in ſtead thereof it ſometimes happens Covetouſneſs which is Idolatry, ſometimes is alſo Beſtiality.that in many places they meet with people more barbarous, cruel, and inhumane, then mad Dogs, or …nraged Wolves, who to gain their monies, apparel, and other goods, do ſometimes murder and deſtroy theſe poor diſtreſſed Mariners; In this Caſe, the Lord of that Country ought to execute Juſtice on ſuch Wretches, to puniſh them They that lived like beaſts, might not dye like men; By the Law of Oleron.as well corporally as pecuniarily, and in their goods, and they are to be plunged into the Sea until they be half dead, then to be drawn forth out of the Sea, and ſtoned or knock'd down as you would do even to a Dog or a Wolf.
XXIX.
If a Ship or other Veſſel arriving at any place, and making in towards a Port or Harbour, ſet out her Flag, or give other ſign to have a Pilot come a board, or a Boat to towe her into the Harbour, the Wind or Tide being contrary, and Contract be made for Piloting the ſaid Veſſel into the ſaid Harbour accordingly; But (by reaſon of an unreaſonable, yea, accurſed and damnable cuſtome in ſome places, That the third or fourth part of the Ships that periſh and are loſt, ſhall accrue to the Lord of the place where ſuch ſad Caſualties happen; as alſo the like proportion to the Salvers, and only the remainder to the Maſter, Merchant, and Mariners) the Perſons contracting for the Pilotage of the ſaid Veſſel, to ingratiate themſelves with their Landlords, and to gain to themſelves part of the ſaid Ship and her Lading, do like faithleſs Villains and treacherous perſons ſometimes even wittingly, willingly, and out of deſign to ruine Ship and Goods, guide and bring her upon the Rocks; And then feigning to aid, help, and aſſiſt the now diſtreſſed Mariners, themſelves are the firſt in diſmembring and pulling the Ship to pieces; Then purloyning Behold and wonder at the Diabolical Practice of ſome treacherous Pilots.and carrying away the Lading thereof contrary to all Reaſon and a good Conſcience; And that they may be the more welcome to their Landlord, do with all ſpeed poſt to his houſe with the ſad Narrative of this unhappy diſaſter; whereupon the ſaid Landlord with his Retinue appearing at the place takes his ſhare, the Salvers theirs; and what remains the Merchants and Mariners may have. But ſeeing this is contrary to the Law of God, the Edict and Judgement is, That (notwithſtanding any Law or Cuſtome to the contrary) the ſaid Lord of that The penalty of ſuch thieves as ſteal goods from poor diſtreſſed ſhipbroken perſons.place, Salvers, and all others …hat take away or embezil any of the ſaid Goods, ſhall be Accurſed, Excommunicated, and puniſhed as Robbers and Thieves, as fotmerly hath been declared.
XXX.
Touching ſuch falſe and treacherous Pilots, the Judgement is, That they ought to ſuffer a moſt rigorous and unmerciful death; For there ought to be very high Gibbets erected for them in the very ſame place, or as nigh as conveniently may be, where they ſo guided and brought the ſaid Ship or Veſſel to ruine as aforeſaid, and thereon theſe accur-Pilots are with ignominy and moſt ſhamefully The exemplary puniſhment of all treacherous Pilots.to end their days; Which ſaid Gibbets are to be made ſubſtantially ſtrong, to the intent that they may abide and remain to ſucceeding ages on that place, as a viſible Caution to other Ships that ſhall afterwards ſail thereby.
XXXI.
If the ſaid Lord of that place were ſo feloniouſly inclined, and ſo barbarous withal, as not only to permit ſuch inhumane people, but alſo to maintain and abet them in ſuch villanies, that he may participate of the ſpoil, and have a ſhare in ſuch Wrecks; In ſuch caſe the ſaid Lord of that place ought to be apprehended, all his goods confiſcate, and ſold to be converted into pious uſes, and An Adequate puniſhment, & without reſpect of perſons; which will not counterpoize one grain of honeſty in the ballance of Juſtice; So exact was this Law in puniſhing ſuch politickly Covetous Miſcreants.for reſtitution and ſatisfaction to ſuch as of right it appertaineth; And himſelf to be faſtned to a poſte or ſtake in the midſt of his own Manſion houſe, which being fired on the four Corners or quarters thereof, all are to be burnt together; which done, the walls thereof are to be demoliſh'd, the ſtones thereof pull'd down, turn'd to rubbiſh, and then to be converted to a Market place, for the ſale only of Hogs and Swine to all poſterity.
XXXII.
If by reaſon of tempeſtuous weather it be thought expedient, for the lightning of any Ship or Veſſel at Sea, or riding at Anchor in any Road, to caſt part of the Lading over board, and it be ſo done accordingly for the preſervation of themſelves; know, taht the ſaid goods ſo ejected and caſt over board do become his that can firſt poſſeſs himſelf thereof, and carry them away; Nevertheleſs, it is here to be farther known and underſtood, that this holds true only in ſuch Goods caſt over board for lightning the Ship, quatenus ſuch, are not Derelicts.caſe, as when the Maſter, Merchant, and Mariners have ſo ejected or caſt out the ſaid goods, as that withall they quit all hope or deſire of ever recovering them again, and ſo leave them as Derelict, or as things utterly Merces è Nave jactae, Derelictae non videntur.loſt and forſaken, without ever making any inquiry or purſuit after them; In which Caſe only, the firſt Occupant becomes the lawful Proprietor thereof.Leg. 7. Dig. Pro Derelict.
XXXIII.
If a Ship or other Veſſel hath caſt over board ſeveral Goods or Merchandize, which are in Cheſts well lock'd and made faſt; or Books ſo well ſecured, and ſo well conditioned, that they may not be damnified by Salt-water; In ſuch caſes it is to be preſumed, that they who did caſt ſuch Goods over What ſymptomes for a Preſumption in certain caſes of goods caſt over board, that they are not Derelict.board, do ſtill retain an intention, hope, and deſire of recovering the ſame; For which reaſon ſuch as ſhall happen to find ſuch things, are obliged to make Reſtitution thereof to him who ſhall make a due inquiry or purſuit after them; or at leaſt to imploy them in charitable uſes according to a good Conſcience.
XXXIV.
If any man happen to find any thing in the Sea, or Sea-ſand, or on the Shore, (be Res nullius, & Noviter inventa, fit primo Occupantis.it precious ſtones, Fiſhes, or the like, which never belonged to any man in point of property) it becomes his own; for ſuch things belong to the firſt finder, who carries it away.
XXXV.
Touching Great Fiſhes that are taken or Now called Royal Fiſhes. Out of the mouth of a Fiſh the King of Kings himſelf will work a Miracle to pay Tribute, rather then offend by denying it where it is due. Matth. 17. 27.found dead on the Sea-ſhore, regard muſt be had to the Cuſtome of that Country where ſuch Great Fiſhes are taken or found; For by the Cuſtome the Soveraign Prince of that Country ought to have his ſhare, his demand or pleaſure therein. And good reaſon, for the Subject owes Obedience and Tribute to his Soveraign.
XXXVI.
In ſome Caſes alſo the Lord of the place where ſome Fiſhes are found may have his ſhare, reſpect being always had to the laudable In ſuch things Cuſtome is to be obſerved.Cuſtome of the Country where ſuch Fiſhes are found; And he that there finds them is no farther obliged then to ſave them by bringing them without the reach of the Sea, and then forthwith to make it known to the ſaid Lord of the place, that ſo ſuch care may be taken therein as appertaineth to Juſtice.
XXXVII.
If the Lord of the place pleaſe, and it be the Cuſtome of that Country where the ſaid Fiſh was found, he may cauſe the ſame to be brought to him that found it, or to the publick and open Market-place, but to no other place; And there the ſaid Fiſh ought Conſuetudo in tract of time may evaporate into Deſuetudo; as in this Caſe.to be Inventaried and Appraiſed by the ſaid Lord according to the cuſtome. And the price being ſet, the other party that made not the price, ſhall have his choice or election either to take or leave at that price; And if either of them whether per fas, or nefas be an occaſion of loſs or damage to the other, though but to the value of a Deniere, he is obliged to make him Reſtitution.
XXXVIII.
If the Coſts and Charges of carrying the ſaid Fiſh to the ſaid Market-place, may probably This hath reference only to ſuch times and places, as wherein ſuch Cuſtome did prevail.amount to a greater ſumme then the Fiſh it ſelf may be worth, then the ſaid Lord is bound to take his ſhare at the place where ſuch Fiſh was found.
XXXIX.
Alſo the ſaid Lord ought to ſubmit to the foreſaid Coſts and Charges, for that he ought Locupletari nemo debet cum alterius injuria. Leg. 14. tit. 6. Cod. lib. 5. & Dig. lib. 23. tit. 3. leg. 6. § 2. & Dig. lib. 2. tit. 15. leg. 8. § 22. & Dig. lib. 12. tit. 6. leg. 14.not by anothers damage to inrich himſelf; otherwiſe he ſins.
XL.
If by ſome chance or misfortune the ſaid Fiſh happen to be loſt, or otherwiſe ſtoln away from the place where it was firſt found, and this about the time of the ſaid Lords going Non tam tenetur, qui non tenet, quam qui detinet.to ſee it, or before; in this Caſe he that firſt found it is not any way obliged to make it good.
XLI.
In all other things found by the Sea-ſide, which have formerly been in the poſſeſſion of ſome or other, as Wines, Oyls, and other Merchandize, although they have been caſt over board, and left by the Merchants, and ſo ought to appertain to him that firſt finds Conſuetudo eſt Lex non ſcripta, & Natura poſtſcripta.the ſame; yet herein alſo the Cuſtome of the Country is to be obſerved as formerly in the Caſe of Fiſh. But in caſe there be a preſumption that theſe were the Goods of Goods found and preſumed to have belonged to Shipping, are dedicated not to profane but pious uſes.ſome Ship that periſhed, then neither the ſaid Lord, nor Finder thereof, ought to take any thing thereof ſo as to convert it to their own uſe; but they ought to doe th…rewith as before hath been ſaid, that is, to cauſe therewith that Prayers be made for the deceaſed, as alſo other ſpecial good works; Or Art. 26. If in Heaven, they need no Prayers; if in Hell, Ab inferis nulla Redemptio; if in Purgatory, 'tis pity to trouble them, the longer there, the better purged; This is Rom…s Utopia.otherwiſe they ſhall incur the forementioned Maledictions.
XLII.
If any Ship or other Veſſel at Sea happen Res capta ſit Captentis, was Law well meant at Oleron; but very ill expounded by our late Interpreters.to find a Fiſh, it is wholly theirs that found it, in caſe no due purſuit be made after it; And no Lord of any place ought either to challenge it or demand any part thereof, although they bring it to his ground.
XLIII.
If any ſeek for Gold or Silver on the Sea-ſhore, Preſuppoſing the Finders knowledge of of the true Owner thereof.and findeth ſome; he ought to reſtore it all, without any diminution thereof.
XLIV.
If any going along the Sea-ſhore to fiſh, or otherwiſe, happen to find Gold, or Silver, What the Law is in Caſe of Treaſure Trove.or the like, he is bound to make reſtitution thereof, deducting for his own pains; Otherwiſe if he be poor, he may retain it to himſelf, that is, if he know not to whom to reſtore it; yet he ought to give notice of ſuch his ſinding the ſame, to the neighbourhood and parts next adjacent to the place where he found it. Moreover he ought to You may not Note or infer hence, as if in all Ages the Clergie had a finger in all Elements.adviſe with his Prelate, Curate, or Confeſſor, who ought to weigh and take into Conſideration the indigency and poverty of the Finder, and the quantity of the Silver, and then to give him ſuch advice as is conſonant to a good Conſcience.
XLV.
If a Veſſel by ſtreſs of weather be conſtrained to cut her Towes and Cables by the end, and ſo to quit and leave behind her both Cables and Anchors, and make to Sea as pleaſe the wind and weather; in this Caſe the ſaid Cables and Anchors ought not to be What the Law is in caſe a Ship by ſtreſſe of weather be forced from her Cables and Anchors.as loſt to the ſaid Veſſel, if there were any Boy at them; And ſuch as fiſh for them are bound to reſtore them, if they know to whom: but withal they ought to be paid for their pains, according as Juſtice ſhall determine. But becauſe ſometimes they Well meaning devotion in a Superſtitious way, opens a dore to Idolatrie; And Politick devotion in an hy-pocritical way Lets in Blaſphemy.know not to whom to reſtore them, the Lords of the place have their ſhares, and the Finders theirs, and they neither cauſe Pater Noſter to be ſaid, nor Avie Maria, as they ought. And therefore it hath been ordained, That every Maſter of a Ship cauſe to be ingraven, or ſet upon the Boyes thereof, his own name, or the name of his Ship, or of the Port or Haven whereof ſhe is; which will prevent great inconveniencies; for it ſometimes happens, that he that left The Names of Skippers or of their Ships to be engraven on their Boyes.his Anchor in the morning, hath recovered it again by night; And ſuch as detain it from him, are no better then Thieves and Pirates.
XLVI.
If any Ship, or other Veſſel by any Caſualty or misfortune happen to be wreck'd and periſh; in that caſe the pieces of the bulk of the Veſſel as well as the Lading thereof What the Law is in caſe of Wreck.ought to be reſerved and kept in ſafety for them to whom it belonged, before ſuch diſaſter happened, notwithſtanding any Cuſtome to the contrary. And all takers, partakers, abettors, conſenters, or contrivers in the ſaid wreck, if they be Biſhops, Prelates, or Clerks, they ought to be depoſed and deprived of their Benefices reſpectively; And if they be Lay-men, they are to incur the penalties aforeſaid.
XLVII.
Which is to be ſo underſtood, when the ſaid Ship or Veſſel ſo wreck'd did not exerciſe Pirates and other unreaſonable men are to be dealt with like other irrational Animals.the Thieviſh myſtery of Robbing and Free booting, and when the Mariners thereof are not Pirates, Sea-Rovers, or Enemies to our holy Catholick Faith. But in caſe they be Pirates, Robbers, Sea-Rovers, Turks, or other Enemies to our ſaid Catholick Faith, Catholick ſignifies General or Univerſal; But Orthodoae hath a far better Signification.every man may then deal with ſuch as with meer Brutes, and deſpoil them of their goods without any puniſhment for ſo doing.