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	THE ANCIENT SEA-LAWS OF OLERON, WISBY, AND THE HANSE-TOWNS, Still in Force. Taken out of a French Book, Intitled, Les Us & Coutumes de law Mer. AND Rendered into English, for the Use of NAVIGATION By Guy Miege, Gent. LONDON Printed by J. Redmayne, for T. Basset at the sign of the George near St. Dussan's Church in Fleet-Street, and Eliz. Smith under the Piazza of the Royal-Exchange, MCDLXXXVI.

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THE ANCIENT SEA-LAWS OF OLERON, WISBY, AND THE HANSE-TOWNS, Still in Force.      Before I begin with those Laws which are here set forth for the Use of Navigation, it will not be improper to give an Account of the Places, from whence they are denominated.      OLERON is the Name of an Island, and of the chief Town thereof. The Island is situated over against Saintonge, a Province of France, and Part of Aquitain. It lies in the 46 Degree of Northern Latitude, betwixt the Isle of Ree Northward, and the Mouth of the River Charente Southward.      The same is very fruitful, and pleasant. It yields plenty of Corn, and pretty good Wine, score of Game, and good Fishing. There is also made yearly a very great Quantity of Salt, wherewith most of the Provinces of the Western Ocean use to be furnished. In short, this was anciently the Place of Recreation for the Dukes of Aquitain, who caused here a Castle to be built.      But nothing has so much raised the Fame of this Island, as the Reputation of the Maritime Laws, which bear the Name of it. The Laws of Oleron, which for the space of 500 Years have generally been received by all the States of the Christian World that frequent the Ocean, for regulating the Sea-Affairs, and for deciding Maritime Con[...]. Whereby the Rhodian Laws were out of Use, and became antiquated.      As for the Credit of the Work, the French (but especially those of Aquitain) assume it to themselves. To make it out, my French Author says, that Queen Eleanor, Dutchess of Aquitain (the Wife of Henry II. King of England, and Mother to Richard I.) being returned from the Holy Land, made the first Draught of these Laws; and called the Roole d'Oleron, but the Name of this her beloved Island. To which Laws, says he [...] King Richard, being likewise returned from his Expedition in the Holy Land, made some additions, and that still under the same Title. All which he backs with these Arguments, that these Laws were written in the old French, aftedr the Gaseon Dialect, and not in English; that they were made particularly for Bourdeux Voyage, for the Lading of Wines and other Commodities in the said Place, and for the Transporting and Unlading of them at S. Malo, Caen, and Rouen, Sea-Port Towns of France; and lastly, that there is not so much as any mention made of the Thames, England, or Ireland.      Whereas the learned Selden, in his Treatise De Dominio Maris, attributes to the English Nation the Glory of his Work, and does not want sound Arguments for it.      But, whether the English of the French ought to have the Credit of it, or share it amongst Them; certain it is, that those Laws are equally memorable for their Antiquity, and to be revered for their Justice and Equity.

[These pages contain the Sea Laws of Oleron]

[These pages contain the Sea Laws of Oleron]

[These pages contain the Sea Laws of Oleron]

[These pages contain the Sea Laws of Oleron]

[These pages contain the Sea Laws of Oleron]

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THE Sea-Laws of WISBY      Wisby is the chief Place of Gothland, an Isle in the Baltic Sea, under Crown of Sweden. The Island is situated over against Calmar, a strong Town in the Continent of Gothland; in length 18 Dutch Miles, and five in breadth. The Soil of it is rich, but more so for Pasturage than Tillage. It yields great Herds of Cattel, score of Game for Hunting, plenty of Fish, excellent Marble, and abundance of Pitch, which it sends to other Countries.      Wisby, the chief Harbour of the whole Island, was heretofore a Place of very great Trading, and as much frequented by Merchants as most in Europe. The Trade received hither from Wollen in Pomern (destroyed by Waldemar I. of Denmark, Anno 1170.) made it flourish mightily, the greatest Traffick of the Baltic being [managed] here. But afterwards becoming unsafe, by reason of the long and continual Wars between Denmark and Sweden for the Possession of this Isle, the Factory was transfered unto other Places. For, being conveniently seated to annoy the Swedes, the Danes have much contended for it, and sometimes possessed it. But at the present it is in the hand of the Swedes, much decay'd, and neither so well peopled, nor so rich as formerly.      Some Swedish Historians affirm, that the Sea-Laws of Wisby were observed, as Universal Laws, in all the Seas, Parts, and Harbours of Europe, even to the very Straits of Gibralter, which divide Europe from Africa; and seem to make them almost as ancient as the Laws of Oleron.      Whereas the French pretend, they were only made upon the Model of the Laws of Oleron, and that a long time after. And, though the Date of the Laws of Oleron were only fetched (which ought not to be) from the Copy thereof Printed at Rouen, Anno 1266, yet there will be found a considerable Disproportion of Time. For, as my French Author says, [it is] apparent that, even in the Year 1288, Wisby had not so much as the form of a Town, being neither Walled, nor fortified with Towers or Bastions. The Inhabitants thereof were then but Strangers resorting thither from serveral Parts; being so far from having and Power abroad, that they were not so much as Masters as [...]. For they were perpetually at Daggers drawing with the Islanders, whose Rights they encroached upon. Till at last Magnus, King of Sweden, took them into his Care, favoured them with his Protection, and made them a Corporation, some time after the said Year 1288. Neither does it appear, says my Author, that since the Beginning of the French Monarchy, the Goths and Swedes ahve ever had any Power or Authority in the Sea-Coasts of France. From when he concludes, that the Swedes owe their Sea-Laws to the French, and that they borrowed them from the ancient Dukedom of Aquitain. I        If a Mariner, whether he be a Pilot, Mate, or common Sea-man, being hired by a Master, does afterwards leave him; the said Mariner ought to restore for much of the Pay as he has recieved, and withall pay a Moity of the Salary agreed upon for the whole Voyage. And, if a Mariner binds himself to two several Masters, the first the hired him may challenge him, and compell him to go to the Voyage. Nevertheless, the said Master shall not be obliged to pay him any Wages or Salary for the whole Voyage, but that is left to his Discretion.

II        Any Pilot, Mate, or common Sea-man, that does not understand his Place, or is not sufficiently qualified for it, shall be bound to restore to the Master what Mony he has advanced him, and withall the Moity of what has been agreed upon. III        A Master may put away a common Sea-man without any lawful Cause, before his Departure, paying the said Sea-man the Moity of what has been agreed upon. But, if he be set out from the Harbour, and have begun the Voyage, the Master that puts him away without a Cause is bound to pay him his full Wages. IV        All Mariners are forbidden to ly ashore in the Night, without the MasterÕs Leave, and that under Penalty of two Deniers. They are also prohibited, under the same Penalty, to go off in the Ship-boat by night.        By a Denier is meant half a silver Denier, whereof three makes a Gros, and eight Gros go to an ounce. V        The Mariners shall have four Deniers a Last for Loding, and three Deniers a Last for Unloding and that shall be their salary for Hoisting of Goods.        But that is no standing Rule, by reason the Value of Coins is variable. VI        Tis prohibited to Arrest any Master, Pilot or Sea-man in the ship for any Debt, when they are ready to set Sail. But a Creditor shall be free to execute, seize, and sell whatever he shall find in the Ship belonging to his Debtor. VII        When a Ship is [fraighted] for the whole Summer, the [Fraight] shall expire upon S. Marthemas Day, the eleventh of November. VIII        Whosoever shall make use of another manÕs Lighter, without his Leave, shall be liable to the Penalty of four Pence payable to the Owner, besides the Days-Journeys; unless it be upon urgent Occation, as in the case of Fire, or the like. IX        In case and Person desire to call a Mariner to Account, and make him acknowledge a Debt, or the like, he ought not therefore carry Strangers aboard; but he may make use of the People that are in the Ship. The same Rule is to be observed in a Voyage, for making of any Covenant that requires Witnesses. X        It is not lawful to sell, or ingage a Ship [frighted]; but one may [fraight] her to another for the same Time, and the same Voyage. XI        If a Ship [fraighted] for a Voyage by made use of for a longer Voyage, of for several Voyages, in case there be no profit against it, and the Ship suffers and Damage in the Voyage not allowed of, the Damage shall be equally paid. XII        If a Mast, Sail, or any Tacking of the Ship chance to be lost by misfortune, the Ship being under Sail, or otherwise, it shall be to the MasterÕs Loss. But, if the Master be forced to cut it down, in this Case the Ship and her Loding shall make good the same. XIII        A Master ought not to sell the Ship he is Master of, nor any of the Tacking, without the Leave of the Merchants and Owners thereof. But, if the Master be strained for want of Provisions, he may ingage some Cables and Cordage, and that must be done with the Mariners advice.

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XIV        When a Master is in [...] a Harbour, he ought not depart, or to set Sail, without the advice and consent of the greatest part of the Mariners. Otherwise, if any Damage should happen in the Voyage, he shall be answerable for the said Damage. XV        The Mariners are bound to save and preserve the Merchandize to the best of their power; and, whilst they do so, the ought to have their Wages paid them, otherwise not. Neither is it lawful for a Master to sell the Cordage, withought the MerchantÕs Leave; but he is bount, at his Peril, to preserve the Whole, as far as in him lies. XVI        The Merchants shall be free at any time to take their Merchandize out of the Ship, provided they pay for the Fraight, or give the Master Content any way. Otherwise the said Master may get his Ship [fitted] up (in case that may be [compaffed] in a short time) to finish his Voyage. But, if he cannot compass it, he may remove the Merchandize into other Vessels, to be conveyed to the Place appointed, for which he shall have his Friaght paid. XVII        No Sea-man (or Mariner) shall go out of the Ship without the MasterÕs Leave, but he shall be liable to make up the Damage that may ensue thereby. Unless the Ship, being driven to Shore, be moored with four Anchors. In which Case Sea-men may leave the Ship, provided the do speedily return. XVIII        If a Mariner, being ashore about the MasterÕs or he ShipÕs Business, happen to be wounded, the Ship shall be at the Charge of his Cure. But, if he went to Shore for his Pleasure, and there be wounded, the Master may put him away. And the said Mariner shall be bound to make Resitution to the Master of what he shall have recieved from him, and pay him moreover whatever he must give another to take his place. XIX        In Case a Mariner falls sick, and that it is thought convientint to carry him to Shore, the Law is, That the said Mariner shall be there kept and maintained as if he were on Board, and attended by a Ship-boy. If he recover, his Wages shall be paid him to the full; and, if he die, hiw Wages shall be paid to his Widow, or to his next Heir. XX        If by Stress of Weather there be a Nessesity to cast some part of the Loding overboard, and the Merchant will not give his Consent to it, the Casting nevertheless shall be allowed of; provided the Mariners do approve of it, and that the third part of them (being come home) do make it out by Oath, That they were forced to do it, to shun an imminent Danger, and to save their Persons. And the said Merchandise to cast as aforesaid shall be upon the Account of the Ship or Merchandise, at the same Rate as the Merchandise that remains shall be sold for. XXI        When a Master thinks fit to cast part of the Loding overboard, he ought, in the MerchantÕs absence, to take first the Advice of the Pilot, and of the major part of the Mariners; and the Whole shall be upon the Account of the Ship and Merchandise. XXII        The Master and Mariners are bound to show unto the Merchant the Cordage and Hoisting Instruments. If they fail herein, and any Damage ensue thereupon, they shall be obliged to make it up. But, if the Merchants, having seen the same be satisfied therewith, and any Damage ensue thereupon, it shall be all upon their Account.

XXIII        If case the Ship be taken laden, and that by the MasterÕs Default, for want of well governing the said Ship, the Wine be lost, the said Master shall be liable to make up the Loss. But, if the Mariners do declare to the contrary upon Oath, the Loss shall be the MerchantÕs. XXIV        Fighting amongst Seamen, and giving one another the Lye, is prohibited. He that shall give another the Lye shall pay four Deniers; And, if it be a common Seaman that gives the Master the Lye, he shall pay eight Deniers. He that strikes the Master shall pay a hundred Pence, or else shall lose his Hand. If the Master gives the Lye, he shall pay eight Deniers, and if he strikes, he shall recieve blow for blow. XXV        A Master may put away a Mariner, fr a lawful Cause. But, if the said Mariner is willing to make amends according to the Judgement of the rest, and the Master refuse it, the Master ought to leave the Ship. Nevertheless he shall be free to follow the Ship to the Place appointed, and there his Wages shall be apid him, as if he had been in the Ship. And, if the Master does take in his place another Mariner not so well qualified, and that Damage ensue thereupon, the Master shall be bound to make it up. XXVI        If a Ship, riding at Anrchor in an Arbour, be struck or grappled by another Vessle and Sail, carried by the strength of Wind, or by the violence of Currents, and thereby recieve Damage either in her Bulk or Loding; iIn such Case the said Damages to be in common and to be equally divided half by half. But, if the Thing be done with a Design, or by the fault of the Ship, that Ship alone shall pay for the Damage. The Reason is, because some possibly having an old decayÕd Ship, might keep her out of a Design in the way, that the Ship being indamaged or sunk, may be paid for more than she was really worth. Therefore Ôtis ordered, that the Damage shall be equally divided half by half, that both Ships may take the more care, and keep from HarmÕs way. XXVII        When a Ship rides at Anchor in an Horbour, where there is so little Water that the Ship touches the Ground, and another Ship comes to cast Anchor near thatl If the Men of this last Ship be required by those of the first to hoist up and remove their Anchor further off, and they refuse to do it; In such Case, the Men of the first Ship have the power to do it themselves; And if they be hindered by the last commers, these must repair all the Damage that shall happen thereby. XXVIII        All Masters of Ships are prohibited to ride at Anchor in any Harbour, without a Bouy, or some other Anchor-mark. If they do, they are answerable for the Damage that all other Ships may recieve from their Anchors. XXIX        In all Voyages wherein Wine may be had, the Master is oliged to give the Seamen Wine, and then they shall have but one [set] Meal a Day allowed them. But, where they drink nothing but Water, the shall have two Meals a day. XXX        When a Ship is frighted, the Master ought to appoint and show to the SEaman a Place to put in their Goods. And then they shall be bound to declare, whether they will fright by themselves, or be allowed at the Freight of the Ship. XXXI        When the Ship is arrived at the Place appointed, if the Mariners will have their Wages paid, those shall have neither Chest, nor Quilt, nor any other Moveables on Board equivalent to their Salary, shall give a Security to the Master, how they shall serve him to the end of the Voyage, or till the Ship be come home.

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XXXII        The Mariners (or Seamen) that are to be paid out of a certain proportion of the Freight, are obliged to attend the Ship, in case the said Ship finds no Freight at the Place appointed, and that she must go further to find a Freight. But the Seamen that have a set Salary shall be considered, according to Equity. XXXIII        The Ship having cast Anchor, the Seamen are free to go o Shore one after another, or two at once; and thereby may carry their Dinner, and a [competent] Portion of Bread, but no Drink. However they ought not to make a long stay there. For, if either the Ship or the Loding thereof should recieve any Damage by reason of their adbsence, they are bound to make it up. And, if any of the MEn should chance to hurt himself, or get any mischance, in doing any business relating to the Ship-service, the Merchant must be at the charge of his Cure, and ought to indemnify him, upon Testimony of the Master, Pilot, or Mariners. XXXIV        When a Ship is freighted to a Merchant, upon condition that he shall lode the Ship within a certain time; if he fails to do it and puts it off a fortnight or longer, or more, insomuch that the Master, by the said Merchants delays, loses the Opportunity of his Freight; in such Case the said Merchant shall be bound to consider the said Master for the Delay, Costs and Damage, one fourth part whereof shall belong to the Mariners, and the three other fourth parts to the Master. XXXV        If the Master falls short of Money in his Voyage, he must send home for some; but he must not lose a fair Opportunity to continue his Voyage. For, if he did, he should be loable to give the Merchant Satisfaction for the Damage sustained by such a Delay. But in case he be very strained, he may sell a parcel of the Merchandise; and, when he comes to the Place appointed, he shall account to the Merchant the said Merchandize at t he same rate as the Remainder shall be sold. And he shall have his Fraight paid, as well for the Merchandize sold by him as aforesaid, as for all the rest. XXXVI        The Master coming into an Harbour ought to make it his principle Care to find a good Place for his Ship, to moor her well, and in a good place. For, if for want of this Care the Goods should be spoiled or [damnified], he must make it good to the Merchant. XXXVII        When a Ship is indamaged by hard Weather, if the Merchant, Master, or Seamen think she may be so repaired as to go on and finish the Voyage, they may do it, and continue their Voyage. If not, the Master shall have his Fraight paid him for the Goods saved, and that turn only to the MerchantÕs Profit. But, if the Merchant be short of Mony, and the Master will not give him Credit, the said Master shall take Goods in Payment, at the same rate as the rest of the Goods shall be sold by the Merchant. XXXVIII        The Master, though the Danger be never so great, ought not of his own accord cast any Goods over-board, but he must in the first place acquaint the Merchant with it. But, if the Merchant refuses to give his Consent, he may venture to do it; provided that he has the Concurrence therein of two or three of the ablest Mariners. And these shall be believed upon their Oath, that it was requsite and necessary to cast Good s over-board, there to lighten and to save the Ship. And, in case there be no [Factor] nor Merchant on Board, the Master and the major part of the Mariners may do as they shall think fit. XXXIX        The Merchandize cast over-board shall be paid at the same Rate as the Rest shall be sold by the Merchant, the Fraight being deducted and paid.

XL        The Master, upon Casting of Goods overboard, shall pay his share of the Goods to cast, either to the full Value of the Ship, or of the whole Fraight, as the Merchant shall think best; and the Merchant, to the Value of the Merchandize saved. But so that the Merchant shall be free (if he pleases) to take the said Ship at the same rate as she has been appraised by the Master. XLI        In any one in the Ship hath Mony, or any Commodity in his Chest, he is bound to declare it before the Casting. And, by so doing, he shall be paid for the said Commodities to the full Value thereof; and, for his Mony, he shall have two Deniers for one. XLII        In any one has Mony in his Chest, let him take it out, and carry it about him, and he shall pay nothing. XLIII        If a Chest be cast over-board, and the Owner thereof do not declare what is in it, the Chest shall be looked upon as empty; and nothing but the Wood thereof, with the Iron-work (if there be any) shall come within the reach of the Contribution. XLIV        In case there be Occation for a Pilot of the Country, and the Merchant refuse to give his Consent to it; it shall be done however as the Master, the Ship-Pilot, and the major part of the Mariners think convenient. And the Pilot of the Country shall be paid at a reasonable rate, and his Pay shall be upon the account of the Ship and Loding. XLV        When a Master is strained, as to Mony and Provisions, that to supply the present Occations of the Ship, he is forced to sell part of the Merchandise therein, or to take up MOny by Bottomary; he ought to pay at the Place where he shall arrive at in fifteen Days time. viz. the Merchandise at a reasonable rate, neither too high nor too low. Upon Default whereof, if the Ship be sold, and another Master be put in his place, the Merchant to whom the Merchandise belonged, or the Creditor that has lent the Mony, shall have a Right to the Ship, by way of Mortgage, within a Year and a Day. XLVI        The Ship being laden, the Master must not take in any more Goods, without the MerchantÕs Leave. And, if he fails herein, in case there be a Casting of the Goods overboard, he shall be a Loser by so much more Commodities as he hath taken over and above. Therefore, upon the Loding of the Ship, he ought to declare and to say thus unto them, Sirs, I intend to take such and such Goods in such a Place. XLVII        The Mariners are bound to preserve and take care of the Goods, at the Request of the Merchants, Master and Pilot. XLVIII        For the taking care of the Goods, the Mariners, shall be paid every time they shall [stir] the Corn a Denier for every Last. And, if they refuse to do it, so that the Corn comes to be indamaged, they are bound to make up the Damage, according to the Judgement of the Master and Pilot. As for the Unloding, they shall have a Denier for every Last, and the like shall be allowed them for all other Commodities whatever. XLIX        The Mariners ought to show to the Master the Cordage used for hoisting up of Goods, and to acquaint him with any Thing that is wanting therein, to the best of their Knowledge. And, if the Master neglects it, the Damage insuing thereby shall be upon him account. But, if the Mariners fail in their Duty herein, they shall be answerable for the Mischances that shall happen thereby.

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L        When two Ships fall foul upon one another accidentally, the Damage insuing thereupon shall be equally divided. But, if the Men of either Ship have done it wittingly or willfully, in such Case that Ship shall pay the whole damage. LI        And, to obviate all such [Perielitations], all Masters of Ships are charged to fasten Buoys with Cables to their Anchors. Upon Default whereof, they shall pay all the Damages which shall happen thereby. LII        The Ship being arrived at her Port of Discharge must be unladen, and the Master ought to be paid within eight or fifteen Daies at furthest, according as the Voyage is. LIII        If a Ship fraighted for an Harbour doth put into another, the Master to clear himself, must declare upon Oath, together with two or three of his ablest Mariners, that he was forced into the Harbour by stress of Weather, or otherwise. Any upon that the Master may take his Course again, and finish his Voyage; or else he may send the Lading by other Ships at his own Costs and Charges, and they he shall be paid for his Fraight. But the Merchant ought to pay the Customs of his Merchandise. LIV        All Mariners are prohibited to go out of the Ship, and to leave her after the Voyage, and the Unloading of the Ship, till the same be unrigged, and sufficiently ballatted. LV        If a Ship chance to run aground, the Master may cause part of the Cargo to be transported into other Vessels, and the Charge thereof shall be upon the account of the Ship and her Lading. Nevertheless the Master and two or three more of his Men shall be bound to take their Oaths, that they were forced to do it to save the Ship and her Lading. LVI        When a Ship is come within a River, or within an Hoarbour, and proved to be too much laden to get up the River; the Master may cause part of the Goods to be taken out of the Ship, and send them up in Lighters and Ship-boats. And in this Case the Master shall pay the two thirds of the Charge, and the Merchandise the other third. But, if the Ship being quite unladen proves so heavy that she cannot get up, the Master shall pay the whole Charge. LVII        When the Merchandise is let down into Lighters to be carried to shore, if the Master questions either the ability or honesty of the Merchant, the said Master may stop the Lighter, and make them stay near the Ship, till such time as the Merchant has paid the whole Freight, and cleared all other Charges. LVIII        The Lighters or Ship-boats shall be discharged in five worky-days. LIX        A Ship riding at Anchor before an Harbour, which the Ship-pilot is not well acquanted with, the Master ought to send for a Pilot of those parts on board his Ship; and the pay of this Pilot shall be upon the account of the Ship and Loading. LX        Also, when a Ship is come to an Harbour, in order to go up a River, the Master may take a Pilot of those Parts. And then the Master shall [find] him the [Viehuale], and the Merchant his Pay. LXI        When a Mariner is fled from his Master, and is run away with the mony he recieved from him, if the said Mariner can be secured, his Tryal shall be made; and

upon the Evidence of two other Mariners, he shall be sentenced and hanged. LXII        If a Mariner be found to be infected with any contagious Disease, the Master is free to leave him in the first place he shall arrive at, and shall not be bound to pay him any Wages; Provided the Sickness be clearly proved, by the Deposition of two or three Mariners. LXIII        If a Pilot of common SEanman buy a ship, or if he be mae Master of a Ship, he shall be discharged from his Master’s Service, by making a full Resitution of what he has recieved from him. The [sarrie] Rule is to be observed, in case the said Pilot or Seaman does not marry. LXIV        If the Master and the Owner be at varience, insomuch that the latter refuse to find his Quota; the Master notwithstanding may undertake Voyages in the Ship, paying what may be thought reasonable to the Mariners. LXV        In case the Master be at the charge of repairing the Ship, or of buying any thing for the Service thereof, he shall be reimbursed, and every Part-Owner shall pay his [share]. LXVI        If the Master be forced to give the Owner Security for the Ship, the Owner on the other side (to ballance the Business) ought to give Security for the Master’s Life. LXVII        When two Ships by mischance fall foul upon one another, and that one of them comes to be lost thereby, the Goods so lost that were in both Ships shall be appraised and paid pro [rath]. The same Rule shall be observed as to the two Ships, so that the damage of the one and the loss of the other shall be made up to the full. LXVIII        In case of Nessesity, the Master may sell part of the Merchandise, to make Mony or for the present Occations of the Ship. And, of the Ship afterwards happen to be lost, the said Master shall be bound nevertheless to make good the said Merchandise to the Merchant, and must not expect and Freight for the same. LXIX        When the master is forced to sell any of the Merchandise, he is bound to pay it at the same rate that the remaining Goods shall be sold for when they come to their Port of Discharge. But then the Master shall have his Freight paid him for Merchandise so sold as aforesaid. LXX        When a Ship under sail endamages another by running upon her, if the Master and Mariners of the first give it under their Oaths, that they did not do it wittingly or willfully, and that they could not help it; In this Case the damage shall be paid in common. But, if the said Master and Mariners decline taking their Oaths, the Damage shall be wholly paid by the Ship that ran upon the other.

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THE SEA-LAWS OF THE HANSE-TOWNS.       The Hanse-Towns are well known to be free and Imperial Towns, associate in point of Commerce, and injoying a Community of Priviledges, Lubeck, Brunswick, Dantzick, and Cologne were the first that contrived this Community, and that made a League Offensive and Defensive for the Preservation thereof. Thus, by the Lex Pompeia, the Towns of Bithynia had the Liberty to impart to each other Jus Civitatis; and 'twas in the same manner that an Egyptian King, Ptolomy Philopator, made the Jews of Jerusalem Citizens of Alexandria.       Now this Community of Priviledges, betwixt the said Hanse-Towns, vix. Lubeck, Brunswick, Dantzick, and Cologne, was kept so faithfully, and proved so very beneficial to them, that all other free Towns of the Empire, both Maritime, and such as were seated on navigable Rivers, did earnestly desire to join with them, and be admitted on the same Terms into their Society. Insomuch that they reckon at present no less than 71 Hanse-Towns, and some 81.       These Towns are so knit together by their common Interest, that the Citizens of any one of them are fellow-Citizens to all the rest, enjoying in point of Trade the same Priviledges and Immunities, and paying no manner of Custom or Impost within the Jurisdiction of the Hanse; except those small Acknowledgments, or Homages of old, which [had] before their Admission into this Society. And, by vertue of their League, so strict their Union, that the Wrong done to one of the Hanse-Towns is lookt upon and resented as done to them all.       For the Conveniency of Trade, these Confederate Towns have three Factories, or Houses of Commerce, where the Merchants keep their Store-houses, Factors, and Commissioners, viz. in Novgorod, a Town of Moscovy for the Trade of those Parts, in Bergen a Town of Norway, and in Antwerp in the Low-Countries.      These Factories, or Houses of Commerce, are stately Buildings, containing three or four hundred Lodging Rooms very well furnished, with Closets, Galleries, Porches, and Cellars which surround a great Court. There are also Garrets, and all Things covenient, to receive all sorts of Merchandise and Provisions. For the ordering of which the Merchants keep there a great number of Servants and Officers, besides a Consul and a Secretary.       Merchants that are married may not transport themselves to any of those Factories. But they send their Sons thither, to be brought up to the knowledge of Languages, Arithmetick, and other sorts of Learning; there being a School kept to that purpose, plentifully endowed.       Formerly the Hanse-Towns had a Factory at London, which they called Stalhof, or the House of Steel, because none but They brought Steel into England. But in the Reign of Queen Elizabeth, when their Commodities were fain to pay Custom, they chose rather to quit the Place, and leave their Factory, than to suffer a Breach to be made in their ancient Priviledges. Whereupon Rodolphus, the then Emperor, dissatisfied with the Queen's Proceeding, banished all the English that were within the Bounds of the Empire. 'Tis true the Queen was willing that the Hanse-Towns should continue their Trade in England, upon Condition that they should pay the same Customs as her own Subjects did, and that all English Merchants should be Partakers of the Immunites and Priviledges of the Hanse-Towns. But these Conditions were denied.

Bruges, in Flanders, had also a Factory. But being three Leagues off from the Sea and having nothing but a small artificial-River, (besides other Considerations cited by Werdenmagen, de Rebuspublicis Hanseaticis, Parte 4. Cap. 18.) the great Commerce of Bruges was in the Year 1516 removed to Antwerp; where the said Merchants of the Hanse-Towns do still keep their Factory.      The chief Place of the Hanse-Towns is Lubeck, near the Baltick Sea, and in the Borders of Holstein. A City wherein Trade hath a long time flourished; and withal so beautiful, that there is scarce a Town in Germany which can equalize it, either for the Beauty and Uniformity of the Houses, the pleasant Gardens, fair Streets, and delightful Walks without the Walls; or for the Citizens themselves, who are much commended for their Civility to Strangers, and swift Execution of Justice without Partiality.      This Town, being a first but a goodly Burrough, was greatly improved by the Care of Adolphus, Early of Holstein; by whom, and his Successors, it was so well priviledged, that in a short time it bid Defiance to its Founders. Anno 1161. the Emperor Frederick I. made it a free City of the Empire, the chief of all the Sea-Towns of Germany; and granted it withal all those Franchises, Priviledges, and Immunities, that are now enjoy'd in common by all the Hanse-Towns. He gave it Power, ammongst other Things, to keep Factories at London, Bruges, Novgorod, and Bergen; therefore the other Hanse-Towns look upon it as the chief Place of their Society.      Too in this Place that the general Concerns of the Hanse-Towns are deliberated and agreed upon. Here it was that in the Year 1371. the Brunswick Merchants, and in the Year 1387. the Flemish, were excluded from the Society of the Hanse-Towns, upon their raising new Customs. But they were since reinstated, that is, when their Ails for the said Customs were repealed.       'Tis in this Place likewise that the Deputies of the Hanse-Towns agreed upon Sea-Laws for the Benefit of Navigation, Anno 1597. and that upon the Model of the Laws of Wisby, only with some Additions. For, as the Sea-Laws of Wisby added something to Those of Oleron, so the Laws of the Hanse-Towns improved Those of Wisby. This will appear by the following List, an Abridgement whereof has been presented already (but something imperfect) in the First Part of this Book, Chap. 33. I        No Master of a Ship shall undertake to cause a Ship to be built, before he be for of Part-owners, who must be Citizens and Inhabitants of one of the Hanse-Towns; unless he is able to do it alone at his own Costs and Charges. In default whereof he shall be liable to the Penalty of half a Dollar a Tun, for as many Tuns as the Ship shall carry. II        Neither shall the said Master take upon him to build a Ship, though he before his Partners, before they have agreed together, and concluded of what Burden the Ship shall be built, and in what manner, and this to be done all in Writing; upon pain of paying the fourth part of a Dollar for every Tun. III        Likewise the Master shall not undertake to make any Reparation to that Ship, Stills, or Cordage, unknown to the Owners, unless it be in a foreign Country, and in [?] of nessesity. Otherwise all the Charges of it shall be his own. IV        The Master of a Ship shall have no power to buy any Thing for the Ship, but in the [preference] and with the Consent of one or two of the Part-owners, upon pain of a Dollar. Neither is it lawful for the Master or any of the Owners to buy any Thing for the Ship upon Trust, to the prejudice of the other Owners, [unless these] are willing to buy and pay for their Share ready money. V        A Memorandum shall be made of all Things requisite to the fitting up of the Ship, in order to have them brought by the Master and Part-Owners joyntly.

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VI        The Master is to buy the Whole [at] the best hand, without fraud or deciet, unpon pain of corporal Punishment; and the said Master shall write down in his Day-book both the Nature and Abode of those of whom he bought it. VII        If the Master, or any Seaman, keep back any Merchandise, Sails, or Cordage, or any of the Freight-money, he shall be taken into Custody, and fuller Punishment, a Thief, according to the nature of the Facts. VIII        Neither shall they buy Provisions dearer than others buy it, but at the same rate as the other Inhabitants of the Town may have them. All which they shall get carried to the Storehouse of the Owners of the Ship, there to remain til the said Ship be ready to depart. IX        All Masters of Ships are hereby forbidden, to fell again any of the Ship [Vessals] or Provisions, upon pain of being pacified as Thieves, Except only to such other Ships as, being far from any Land, are straigned or in great danger for want of Provisions; whereof however they must give a faithful account to the Owners. X        The Master of a Ship is bound, at his return from his Voyage, to [put] into the hands of the Owners whatever Provisions and Ammunitions shall be left in the said Ship. XI        Two or three days after the ship shall be laden, the Master is bound to set sail, if the Wind be favorable, unpon pain of two hundred Florins. And, if any of the Owners should then fail to find his [Quota], he shall be liable to the same Penalty. And in such Case the Master may take up [money] upon [Bottomry], to take up the Share of the delaying Part-Owner. The Merchants on their side shall load within the time agreed on, upon forfeiture of the whole Freight, if the Master should go the Voyage with his Shop empty, and only laden with Ballast. XII        When the Master will give up his Account, he shall acquaint therewith all the Owners, upon forfieture of two Dollars. XIII        The Master shall not ship any Merchandise alone, nor with the Consent only of some of the Part-Owners, unknown to the rest; and that upon pain of Confiscation and Punishment. XIV        The Owners may put away the Master, if there be any lawful Cause; but then his share in the Ship shall be paid him, at the same Rate he bought it. XV        All Owners are hereby forbidden to take a Master for their Ship, unless he produce a Testimonial that he is discharged from his former Owners in a decent manner, upon pain of five and twenty Dollars. XVI        Before a Master of a Ship shall hire any Pilot or Mariner, he ought to agree with the Owners what Wages he shall give him, upon forfieture of five and twenty Dollars. XVII        When Ships do enter into Admiralty one with another, they shall be bound to keep together, as far as in them lies, and to [slay] for each other; upon pain of making good all the Damage that any one or more of the Company shall recieve from Pirates or any Enemy whatever. XVIII        No Master shall hire a Mariner, before he has seen a Certificate froom his former Master

showing how faithfully he has served him, upon pain of two Dollars. Unless it be in strange Country, and that in case of Nessesity. XIX        The Masters are bound to give their Mariners a Certificate answerable to their Skill and good behaviour. And if there be Cause of Denial, the buisness shall come to a speedy Trial, upon Forfeiture of two Dollars. XX        When a Ship is forced to stay or winter in a strange Country, in such Case, the Mariners ought not to go or ramble on Shore without Leave, upon pain of forfieting the money of their Wages. XXI        If, while the Ship winters any where, the Master finds two Mariners Victuals, the said Mariners shall not oblige him to increasetheir Salary or Wages; upon pain of the Money of their Hire, and of being punished besides, as Cause shall require. XXII        The Mariners shall not go to Shore, without the Leave of the Master, Pilot, or Mate; upon forfieture of half a Dollar for every such Default. XXIII        The Mariners that go to Shore with the Master are bound to keep the Boat, and to go on board again at the first order. And he that shall stay behind, or pass the Night on Shore, shall be punished with a [?pecuniary Mulet], or else with Imprisonment. XXIV        When a Master changes his Voyage, and takes another Course, he ought in the first place to agree with the Mariners, or allow them for that Change what shall be thought reasonable by the major part. And, if any of the refuse to obey, he shall be punished as a mutinous man. XXV        He that is found sleeping upon the Watch shall pay four Pence; and whosoever shall find him sleeping, and not declare the same, shall pay two Pence. XXVI        All Mariners are hereby forbidden, to moor the Skiffs or Ship-boats by the Ships, upon pain of Imprisonment. XXVII        He that shall be found unfit to serve as a Pilot, or in any other Office for which he is hired shall forfeit all his Wages, and further shall be punished, as the Cause shall require. XXVIII        The Masters shll pay Mariners their Wages in three Terms, viz. one Third upon their Departure, another Third when the Ship is unladen, and the Remainder upon their Return home. XXIX        The Master of a Ship may at any time dismiss and put away a mutinous or unfaithful Mariner. XXX        If a Mariner kills another, the Master ought to secure him and keep him in Custody; and at his comming home, he shall deliver him up into the hands of Justice, to be punished according to his Crime. XXXI        The Mariners shall not make a Feast in the Ship, without the Master’s Leave, upon forfieture of half their Wages. XXXII        No Mariner shall have his Wife lye on Board, upon pain of a Dollar, if he do offfend.

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XXXIII        None shall dischargeany Ordinance, or Shot, without the Master’s Leave, upon Pain to pay double for the Powder and Shot. XXXIV        The Master, upon his Return home, shall make a Declaration to the [Magistraty] of all the Forfiets and Penalties incurred, upon Forfieture of five and twenty Dollars. XXXV        The Marieners are bound to defend themselves against all Pyrates and Sea-Rowers, upon pain of losing all their Wages. If any of them chance to be woinded, Care shall be taken for their Cure, upon the Ships account. And, if any be maimed, or has to lose the use of his Limbs, that he can work no more, he shall have Bread allowed him during Life. XXXVI        If the Mariners, or any of them, refuse their Alliance in such a Case, and the Ship be taken or lost, the said cowardly Mariners shall be condemned to be whipt. XXXVII        But, if the Mariners resolve to fight, and the Master keep off for fear, the said Master shall be shamefully [cashiered], and declared incapable for ever of commanding any Ship. XXXVIII        The Ship-Ballast shall be carried to the Places appointed for the purpose; and the [Contraveners] hereunto shall be punished by the Magistrates. XXXIX        If a Mariner happen to be wounded, being about the Service of the Ship, a convienent Care shall be taken for his Cure at the Cost and Charge of the Ship. But if he be otherwise wounded, it shall be his own Charge. XL        If a Mariner goes on Shore without Leave, and the Ship comes to be indamaged or lost, for want of Help; the said Mariner shall be confined to a Prison a whole Year, and kept with Bread and Water. And, if any Man has lost his life with the Ship, the Mariner, by whose absence such a Misfortune happened, shall be punished with corporeal Punishment. XLI        When a Mariner does not do his Duty, the Master may put him away. But if a Master puts away a Mariner without a just Cause, if it is before the Departure, the Master shall pay him the third part of his Wages, and shall not bring the same to the Owners Account. XLII        If a Master puts away, without a just Cause, a Mariner during the Voyage, in such Case, the said Master shall pay him his Wages to the full, and further he shall pay his Charges for his Return. But if a Mariner leaves the Master of his own accord, the said Mariner is bound to make Resitution of so much Mony as he has recieved, and to bear his own Charges. XLIII        If an Officer or Mariner runs away, and is afterword apprehended, he shall be delivered up into the hands of Justice, to be punished according to Law; and shall be burnt in the Forehead with the Mark of his Birth-place. XLIV        When a Ship happenss to be cast away, the Mariners are bound to save as much as in them lies; and the Master ought to requite them for their pains to their content, and convey them at his own Charges to their dwelling Places. But if the Mariners refuse to assist the Master, in such Case, they shall have neither reward, nor wages paid them.

XLV        If a Mariner falls sick of any Disease, he shall be carried to Shore, and have the same Allowance he had on Board, and withall shall be attended by another Mariner. However the Master is not bound to stay for him, or to retard his Voyage upon his account. And, if the said Mariner recover his Health, his Wages shall be paid him as if he had served all the while. But, if he dies, his Wages shall come intire to his Heirs. XLVI        If the Mariners being mutonout force the Master to put into Harbour, and then the Ship and Lading chance to be lost wholly or in part, whereupon the Mariners run away without leave; in such Case, if the said Mariners can be sercured, they shall be condemned to corporal Punishment. XLVII        The Master shall give his Mariners no Cause to mutiny, but shall stand to his Covenant and give them their due. XLVIII        A Master that intices away any Mariner hired to another Master, shall forfiet ten Dollars. And the Mariner shall give or pay to the first Master, to make up his Damages, the moity of the Wages he was to have from the second Master. XLIX        If a Ship be stopped in a strange Country, or the Master be forced to stay there and wair for his Freight, or any other Cause whatever, the Mariners all the while have their usual Allowance and [Victuals]. But they must not expect or demand any extraordinary Wages. And, if any thing be due unto them, it ought to be paid to them, according to the Judgement of Friends or experienced Men, at the Place where the Ship is to unlade. But, if any Mariner presumes to leave the Ship upon such a Pretence, he shall suffer corporal Puniushment, according to the Fact. L        If a Master takes on Board his Ship, Gold Silver, precious Stones, or any other rich and costly Merchandize, which requires his particular Care over them; the said Master, in such Case, shall have the fourth part of the Freight, and the Owners the other three parts. LI        When a Ship-boat or Lighter shaall be used to carry Salt on Shore, the Master shall commit to the special Care of a Mariner, that it may be neither lost nor purloined. LII        The Mariners belonging to Ships freighted for France or Spain, shall not have their Portage, but shall find their own Provisions; Except at their return, if so be the Ship comes home laden. And if the Master does advance or lend Mony before-hand, he may pay himself, or bate it out of their Wages, without and prejudice however to the Ship-Owners. LIII        The Mariners shall have no power to fell or alienate any part whatsoever of their Provisions or Tackling, except upon their return home. And then the Owners shall have the first proffer to buy the same. LIV        The Mariners shall take no Salt out of the Ship-Lading, but what shall appear to have been brought in by them on Board with the knowledge and consent of the Merchant or of any other Party concerned therein; Upon pain of being serverly punished. LV        The Master and Pilot may load for themselves each Twelve Barrils, each of the other Officers six Barrils, every common Seaman four Barrils, the Cook and Ship-boys each two Barrils.

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LVI        If a Master, out of spite [spight] to the other Part-Owners, sells his Share for more than it is worth, the said Share shall be appraised by Skillful men. Whereupon the Part-Owners shall be free, before all others, to buy it at the Rate appraised as aforesaid. LVII        If a fraudulent Master takes mony upon Bottomry, and carries the Ship into a remote Harbour, and there sells the Ship and Lading; the said Master shall be forever incapable of being a Master, and shall nefver be recieved in any of the Hanse-Towns, but shall suffer besides a conddign Punishment, without any mercy. LVIII        The Master, being at home in his own Country, wust not take any more mony upon Bottomry, except to the Proportion or Value of his Share in the Ship. If he do, the other Part-Owners shall not be unanswerable for it. Neither shall the said Master take any Freight, without the knowledge and consesnt of the other Owners. LIX        If case the Owners disagree as to the Freighting of the Ship, the most Voices shall carry it. And yet the Master may take mony upon Bottomry, for those of the Part-Owners who shall refuse to contriibute their Part for the fitting out of the Ship. LX        If the Master, being in a strange Country, be straigned for want of mony to supply the wants of the Ship, and can get none but upon Bottomry; in such Case, the said Master may do it a the Charge of his Part-Owners.