THE SEA-LAVV of Scotland Shortly gathered and plainly dressit for the reddy vse of all Sea­fairingmen.

PSAL. 107. ve. 23. 24. 31
They that go down to the Sea in schips, and occupie by the great waters. They see the workes of the Lorde, and his wonders in the deepe, &c. Let them therefore confesse before the Lord his louing kindnes, and his wonder­ful workes before the sonnes of men.

AT EDINBVRGH IMPRINTED BY Robert Waldegraue An. Dom. 1590.

THE CONTENTS.
The prohem bea [...]and the origin of the Sealaw, the grounds of this treatie and the occasions therof.

  • 1. The summe and ordour of this Treatie.
  • 2. Of fraughting of Schips.
  • 3. Of the Maister of the Schip, his power and duetie anent the Schip
  • 4. Of the duetie of the master to the marchant and passin­ger.
  • 5. Of the Masters duetie to the Mariners.
  • 6. Of Mariners, thair duetie and priuiledges.
  • 7. Of a pilote or Steirseman.
  • 8. Of the Outredder of ane Schip, and actioun baith for him and against him.
  • 9. Of contributioun for gudis cassin,
  • 10. Of contributioun for pirats.
  • 11. Of contributioun for spil gear.
  • 12. Of contributioun for the lichtning of ane Schip pilot fie and vther chances.
  • 13. The common manner of Contributioun and doing thairfoir.
  • 14. Of Schipwracke,
  • 15. Of the Iudge ordinair to Seafair causes.

TO THE MAIST CHRI­STIAN PRINCE IAMES THE SEXT KING OF SCOTLAND.

PLease it your M. in this common expectation and great hoip of all the peiple for a reformatioun of the Iustice within this land, I the smalest of your hie­nes subiects hes taine vpon me the bauldnes TO present your M. this smal piece of labour vnworthy indeid. (Suppois it bear the name of Law, quhair of your M. is keiper.) Ȝit a taikin of my puire affectioun to that great warke, at lest, of my reioycing for that your Maiesties most worthy intention, presaging a happie and a prosperous reigne. AND swa to put forth the samin vnder your Maiestes [Page] patrocinie, as a spur to the weil skillit to tra­uel farder in this neidfull argument, quhar­in I am verely bot a strainger. PRAYAND the mighty God to blesse your M. with a ty­mous effectuating of that maist lowabil pro­pose, quhilke he hes put into your Maiesties hart, to his awin glory & the welfair of your hienes and peiple.

At Edinburgh. the 30. of Iunij. 1590.
Be your M. maist humble Subject M. WILLIAM WELVOD.

THE PROHEME
Bearand the origin of the Sea law, the groūd of this treatie and the occasions theroff.

THe daily traffike on the sea constrainit the Rho­dians of auld to dytte lawis in the Mediter­rane Sea / and not very lang since the Olonois to set furth thair lawis in the Ocean. Quhilks lawis / the singu­lar skill of baith peiple sa commendit and equitie sa approuit / that not only hes the Rhodian law be a speciall ordinance ( l libellus 8▪ ad l rhod.) bin imbraced throghout the Romaine dominion / and sicklike / a great part of the reulis of Olon fellowit in our quar­ter of the Ocean: bot are also baith recea­uit in the maist part of the quarter fore­said / at lest / sa far as they are commonly knawin be peiple. Quhilk knawledge [Page] becaus I haife commonly found to be very litle in this cuntry / notwithstanding that all men be bound to ken the law / l leges C de legib. namely thair awne common lawe / bart in l non fatetur nu: 6 & 12. de confes. gloss. in l libe­rorum verb. non juris de his qui not. infam. notwithstanding also the worthines and daily neide thairof / in this great incresse of traffick quhilke ruin of auld was ay haulden to tende till a great Common­wealth. l [...] ‡ licet vers quia ad summam de ex­cercit. Therfoir a 13. yeirs since / out of al the wrets authorizit be our nati­on I collectit briefly▪ not onely the re­mains of the Rhodian lawe / as it is left interpret to vs be the Romaine lawers / with the reulis of Olon rcceauit be our cuntrey men / bot also the acts of par­liament / with vthers rests of the Romain law concernand the Seafairing. And hes now / I trow / in a conueuient tyme at the earnest desire of sundrie orderlie digest / & publishir the samin / for the reddier v­sage to all Scafairing men / luking vere­ly for gud occasion at thair hands of far­ther trauell in this turne afterward / as God the great lawgiuer sall bestowe mair light on me / quha mot blesse this present labour to my Cun­trey men /

Amen.

THE SEA-LAVV OF SCOTLAND.

TIT. 1. The summe and ordour of this Treatie.

AS the turnes of the Sea concerns onlie seasayring men / and mellairis with thame: evinsa al doubtes differences / and actions / rysing vpoun the samyn / & thair chances mann also concerne the samyn persouns quhilks ar ather chiefly Awners / Outredders / Maisters / Pi­lots / Marriners / Merchands / Passin­gers. Of quhome the awner is he to quhome the Schip / or any parte thairof belangis at the lest in proprietie. And the outredder he to quhom ather as dealis­man for a veiage / or a certaine time du­ring the setting of the Schip / the proffitis & commodities thairof chiefly redounds l [...]. in pr. de excer. as the maister he to quhome the cure [Page] of the hail Schip is committed. d l 1. ‡ 1. The rest are knawin. Quhilks personages quhilis hapnis for a great part in ane: as an man to be awner / outredder / maister / and steirsman: And another to be baith Merchant & Mariner in passing a field / and in returning perchance bot a passin­ger: Quhilis againe for common / all and ilke ane of thir persons to bee diuers and of ilk sort ma / as ma awners / ma outred­ders / &c. And thairfoir the actions also not to be indifferently common / aither / for or against ilk ane of thir persons / but onely according to the personage sustci­ned. And sick like y e deciding of the samin actions and debates / not to pertein to ilk Iudge & place / but quhylis to the great Iudge of the Sea onely / quha is Admi­rall / and quhylis to the Deanes of Gild also / not without soume entres in soume thinges to vther iudges and persons ac­cording to the prouision of lawe / and vse of the land. Of quhilks things summar­ly / bot orderly this abridgement sall make shawe. Beginning at the fraugh­ting of schips / as a thing concerning the chiefe vse & end of schipping / syn the per­sons [Page] thair duties powers & priuiledges. Thirdly / the manifolde chaunces / with the maner of iudgement thairin. And last of the iudges ordinair to all Seafair debaits and causes.

TIT. 2. Offraughting of Schips.

NA Schip suld be fraughtit without ane charterparty / beirand that the maister sall prouide an sufficient steirse­man / timberman / and schipmen conueni­ent for the schip / with fyre water and salt on his awin cost / and gif any debate sall happen betwixt the master and merchant thay sall vnderly the iurisdictioun of the brough quhairvnto the ship is fraughtit / without any exemption & that na drinke siluer bee tane fra the merchandis vnder the paine of the tinsell of the fraught and ane tunnes fraught to the kirk warke of the town to the quhilk thay are fraugh­ted. c. 17 et 130 actor lacob 3 Gif a schip be nocht reddy at the day appointed in the charterparty to go to the Sea / the merchant may not onlie quyte himselfe of her / per L. item 23 ‡ Si lege. loc except hee had [Page] his peace and discharge hir not at the day / for then he appearis againe be silence to consent againe of new. d [...] item ‡ sin Bot also ob­tein all costs / skaiths and interest / c 16 olon ex­cept the master schaw sum excuse of a no­torious necessitie / or of a chaunce quhilk could nocht ben eschewed / and than he lossis only his fraught / becaus he hes not seruit thairfoir. per l ex con­ducto in pr, l Si item fundus l. et aec distinctio et l. si in lege, ‡ colonus, locat. Bot gif the fault be in the merchant / he sall pay the skipper and schips skaith / d▪ l▪ ex con­ducto ‡ item quum quidam. & in case the mer­chant hald not out his v [...]yage / he sal pay the haile fraught: l. pen ‡ tamen loc. facit d▪ l. si in lege l si domus et l. domus ho [...]. reor ‡ sin eod For it was aneuch that the maister was reddy at the day appointit. [...]er l▪ sed addes ‡ sin. eod Mcckle mair / gif an schip being fraughtit and loaden / and the mer­chaunt take out his geare againe / the maister may seike his fraught / as gif he had seruit thairfoir. l vlt ‡ sin loc facit d l. sed ad­de▪ ‡ quum qui­dam. Giffe in the voy­age the schip without the maisters fault / becums through stormes vnable / or that the maister & schip be arreistit be ane ma­gistrate in the waye / the maister may ai­ther fraught ane vther schip / or bett his awne: Or in case the merchaunt will not agree thairto / the master sall haif fraught so far as he hes seruit: c 4. et 18 o­lon l vlt ‡ 1 ad [...]hod. for vtherwais [Page] gif without necessitie or consent of the merchant / the skipper puttis the gudis in ane worse schip / & schip and guds perish the master sal be haldin for al / except that baith the schips perish that voyage / & that na guile nor fault be found with the mai­ster. d l vl ‡ [...] ad l. rhod Now it is recomptit for a fault in this case / gif the schip be put out to the Sea / aither without a skilfull Pilot / or in a incommodious time / or that the schip be vnworthy hir selfe / in quhilk the geare is put in / d l item ‡ 1 et 2 as vntight / or without suffici­ent geare. Gif a skipper without leiue of his merchant take in mair / nor he set his schippe forth for / he sall loose the fraught thairof. c [...]3. olon. Ane schip portand at ane v­ther port / nor she was fraughtit too and against the maisters will / (quhilk he sall with twa marriners declair vpoun thair aiths) the guds sall be fuirit to the port / conditionit on the skippers cost. c 28 eod. Gif any man compel any skipper to ouerbur­den his ship or boat / he sall pay the skaith and be accusit criminally. l vnic. C ne­quid oneri pub lib 11. vbi barco Gif any skipper / awner / or outredder / fraught / or take to sail with them any merchaund that is not frie in soum brough / and ind­uellar [Page] thairin: and is not full of substance and other qualities prescryuit in the 17. and 127. act of Iames the thrid. Sick­like / gif they haue not y t name of the mer­chant and passinger in ticket subscryuit be the Prouest or Baillies of the brough for his warrant / he sal pay twenty pound for ilk persoun otherwaies receaued / that is to say / ten to the King / and ten to the Prouest and Baillies. [...]. 27 act. iac, 5

TIT. 3. Of the Maister of the Schip, his power and duetie anent the Schip.

THe Maister / that is he quhom to the hail cuir of the ship is committit L 1 † 1 de excer hes his power prescryuit / partly bee the outredder / partly be the cōmon lawis of the Sea / as to set her out in fraught to take in passingers / To bett and furnishe the ship / d † 1 in sin. and for neede of money in a strange port / aither to lay sum of the tai­kill in wodd / bot with the aduise of the kippadge / c▪ 1 Olon or to sell sum of the Mer­chants gear quhilk salbe paid for as the rest sall be sauld. Bot neither the dearest / [Page] nor the best cheape that the rest gifs in the market / and sal notwithstanding receaue his fraught thairfoir / c 21 & 22 eod vnlesse the ship perish therefter. In quhilk case only the price the geare cost sall bee renderit / c 41 eod and howbeit in the case of neid / it be per­mittit to the maister to make money this way / yet may he na otherwaies sell anie thing: yea not in the chance of schipwrack c 3 eod The duetie of the master is / befoir he lowse his schip out of the Harbery / to haif the consent of the maist part of the Kip­padge c 2 eod. Generally / the master quha is not sa expert as soum of the cōpany / may do nathing without thair counsell / or els he sall be hauldin for quhat euer skaith cō ming thirby. c 13 eod Bot gif y t schip lyes on a hard dok / or swing ouer in a dry harbery / he sall pay the skaith. 1 [...] eod Euen sa / gif he be no ane expert Pilot himselfe / and yet without ane skilled Pilot lowse forth the ship / he sall be haldin for all that perish it with hir L item magi­ster▪ loc

TIT. 4. Of the duetie of the Master to the Marchant and Passinger.

THe Maister aucht of right and equi­tie to rander againe quhat euer he receauis within his ship / to him quha de­liuered the samin / t. [...]. naut. caup aswell victuall and clothing / as any other thing. l 4 † 1 eod Quhair it is to be vnderstood / that geat is thocht then to be deliuered in ane schip / ather gif it be put within the samin / suppose with­out any expresse designation for the custo­dy: or gif it be laid to the schip side / with warning for y t keping thairof. l 1 † sin eod Baith quhilk waies the parrell perteins to the M. l 3 in pr eod quhilke is also to be extendit to the boat men and ferriours. d. l 1 † 3 Siclike / the maister is halden to the marchant for all dammage susteinit / aither throgh euil heising / block / heckis / or lingis / namely / gif the Mariner forschaw the said geare to bee fautie / otherways the mariner sall also in cōmon / helpe the maister to pay y t skaith. 25 Olon Farther gif any skaith happin to the marchant be vnresonable stowing of his guds / or gif his guds be strucken [Page] vp / the maister sal not onely refound the skaith / c 7 eod but also tyne his fraught / c 17 act iac 3 and pay twenty pound to the King / c 130 eod, and for want of pruife in this case / the skipper sall be compelled to giue his aith. d c 7 Olon Finally / the maister is not only hal­den for his awne deid / his seruants and kipp [...]ge deid / bot also for the deid of the passinger / l 1 † sin. in sick sort / that quhatsoe­uer want or losse cums be aither negli­gence fault or chance quhilk might haue bin eschewed / as be stouth or fyre l Si vendi­ta de per rei vend l cum du­ob † damna. pro socio Howbeit that na fraught suld haue bene paid ather for geare or passage. l 5 et 6 naut cap. Bot specially the dammage done be ane mar­riner / sall be set vp be the maister to the double / d l 6 et 7 eod quhilk the master notwith­standing may repett fra the marriner a­gain: d l 7. Bot it is not sa gif the skaith be done be ane mariner to ane other / except the marriner be ane marchant: or be ane passinger or marchant to marchant or to passinger: that is to say / the double of the skaith sall not be soght fra the maister / l 6 7 et l vni. furt adver. nant caup. and in some case nathing / as gif the deid be done without the schip / or gif the maister forewarne euery man to kepe his [Page] awn and thay agree thairto: d l 7 in pr nether are thir lawis to be esteemit heauy and hard against the maister / because he is, bound to put in sufficient men / and suld na wais vse y t seruice of ill men. † sin inst de ob quae ex de­lic. Syn it is in his awne will quhome to receaue or refuse / and he suld knaw the man with quhom he hes ado. l qui cum a­lio. de reg iur,. Schortly except it wer sa prouidit / great occasion suld be giuin of thift. d l 1 in pr. naut. caup. Last / gif throgh the fault of the maister not payand the dew toll or not giffand vp the iust compts to the customer confiscation hapnis or other kind of hurt to the marchant / the maister sall refound the same. Gloss. in l iubemus C▪ de nauib. non ex­cus. lib. 11. & bald in l quum proponis. de naut. faenor

TIT. 5. Of the Maisters duetie to the Mariners.

SEeing the master is the ordinair ruler to his kippage / he aught thairfoir be an special anthority to hald yam in peace sa lang as they eat his bread / c 8 olon, & giff any mariner be hurt in any seruice of the ship commandit therto be the maister c 6 eod, or gif he be vnable to flee out of the schip / happnis to be hurt through the fault of [Page] an other mariner quhilk might haif bene eschewit / y e master sal heale him / per l [...] † [...] de excer et l sin, naut caup▪ as he quha is haldin to answere for y e deid of al within his schip / l [...] † sin eod namly his mariners. Bot in this last caise may rather bee his awne authority garre the other mariner heale him / or els repete the samin coast fra him. arg, l 7 eod Bot ther is a farder conside­ratioun ȝit giff the fault proceede of eui­dent wilfulnes. Euin sa / giff a mariner in his seruice becū seike / the master sal cause lay him in ane house / with all sustentati­on / sicke as they vse in the schip / bot the schip aught not to tarry vpon him / quha giff he recouer health / sall inioy his hire / otherwaies his wife or the neerest of his kinne. d c 6. facit l. vlt † sin ad l▪ rhod, Bot giff ane mariner be hurt without the schip / as in striff / and not in the ships seruice / the master is not halden to prouide for him / bot to hyre another in his rowme / quha giff he coasts mair / the other sal pay y e superplus / giff he haife de­quoy. c 24 Olon. Last / y t maister is haldin to lenn and borrowe to his mariners giff they want. c 3 eod

TIT. 6 Of Marriners, thair duetie and priuiledges.

A Marriner aught all dew obedience to the maister / euin in suffering / bot in ane straike onelye / for against ma straikes / he may defend himselfe c 9 olon. for otherwaies in caise of rebellioun / he may be commandit furth of y t schip at the first land / c 35 eod. except he offer ane mendis for his fault / submitting himself to y t iudge­ment of his fellowes / in quhilk caise / giff the maister refuse him / he may follow the schip / and notwithstanding obteine his hyre as he had seruit. c 10 eod. The marriners aught to supplie ilkane another on the Sea / for he that failes sall tyne his hyre / and the aith of the mariners sall staike for probation c [...] eod. The mariners in a strange port may not leaue the schip / except they haife the masters licence / or that they haif left hir fastnit with four tows / otherwais they man set vp all skaith hapning thair­by▪ c 5 eod. sicklike man they wait on at hir hamecumming / quhile sho be lost & bal­last. c 25. eod. Giff the schip breake in any place and the marriners saife not the guds / sa [Page] far as they may / they tyne their hyre: c 3 eod. giff it hapin otherwais nor weill to y t ma­ster / y t mariners suld bring hame the schip again without delay / to the port quhair­fra sho was frauchtit. c 17. eod. A mariner may cary as meckle meat out of the ship as he may eat at ains / but na drinke. c 15 eod. The mariners may aither kiepe thair portage in thair awn hand / or sett it for sic fraucht as y t schip gets / nather is it to be required quhat stuffe be in thair portage bot quhat bowk / nather is the schip halden to byde quhil they prepare thir portage. c 16 eod. Gif the schip gangs farther▪ nor the mariner wes hyred / the mariners hyre sal be acor­dingly augmentit. q c 16 A mariner rūnin away with his hyre vnseruit / deserues the gallows. c 35 eod. Ane mariner hyred bot for ane marriner giff quickly efterward he may be hyrit for a skipper to another schip / he may leaue the first schip / giff he rander the hyre again quhilk he receauit: c 36 eod. euin sa is it giff he mary. c 37. eod. Last / na seaman quhat euer / fuiring the kings gud or imployit in the affairs of the king or country may be arreistit or haldin vp in any port vnder quhatsumeuer persvit [Page] ciuill or criminall of any time past. l [...] C de nauie, respub, portant lib 12

TIT. 7 Of a Pilote or Steirseman.

GIff a maister hyre ane steirseman a­gaine a certaine day, and he faile at that day / he sall not onely pay the master and merchaunts skaith / c 19 eod. bot also the haill fraught tint throw the slipping of y t appointed day / except seicknes or soum verye lawfull impediment had hindered him. arg l vlt, ‡ [...] ad l rhod, The steirseman fra time he haiff broght the schip in the harbery / is na far­der bound / for than the maister man see to her seage and lying / and beare the rest of all burding. c 17 olon

TIT. 8 Of the Outredder of ane schip, and actioun baith for him and against him.

IT is nocht onelye permittit to him quha contracts any waies with the master of ane schip / to persew the master / bot also y t outredder quha pat in the mai­ster / [Page] l 1 in pr. de excer. as quha thairfoir aught to make guid the deid of the maister / d l 1 ‡ 3 quhome wee take to bee that persoun / to quhome the commodities of the schip chiefly re­doundis / d l in pr and quhither hee bee the master or outredder / the Contractour may take him to any of thame. d l 1 ‡ si plures ‡ vlt et l 3 eod. Ne in plures aduersarios distringatur, qui cum v­no tantum contraxerit. l 2 eod, And the rest of the outredders sall releue y t man quha is put at according to thair iust part / d l. 3 except that the handling of the ship be de­uydit among the awners seuerally / or that the maister haue not his power of thame all / l. si tamen 4 in pr eod, or that he haue obleist him selfe beyond the boundis of his power or commission / as giff hee haue tane on mo­ney to bett her & hes na commissioun d l 1 ‡ non autem. nor ȝit the schip need at least of sa meickle money / or that otherwaies / the borrow­ing of the money bene plainely vnlikely / arg. d. l vlt in pr eod. in quhilke case he that contracts with that maister / let him wyte his awne folly d l 1 ‡. [...] plures ver, im­putahit For ilk man aught to knaw the per­soun with quhome he hes to do. l, qui c [...] alio de reg. iur▪ O­therwaies / giff hee quha lent the money can prieue that the schip wes in that estate [Page] that scho neided aither gear or betting / & that the soume agrees thairto / than the outredder man satisfie his creditor how­beit the money war waistit. l, vlt, de ex­er, act. And in that caise let the outredder wyte him self because he pat in sick a maister. d l 1 ‡ 2 vers sibi imputatu rum et ‡ 5 verb imputaturum si­bi. Bot giff ane merchant contract with a mari­ner that is nocht ane maister / he sall haue na actioun against the outredder / except only for the fault done be thame quha ar put in to saile the schippe / aither against ane mans body or his guds: for thair is difference betwixt the cause of ane con­tract & the cause of failing or offēding / syn the maister is put in to contract as the outredder him selfe / bot the Marriner as ane instrument to saile the Schippe / vide d l ‡. [...] de excer act. et l fin naut caup. And quhowbeit on the contrary the outredder be the common law / micht nocht haue intentit action agains thame quha are obleist to the maister / except the maister had bin Non soluendo: Ȝit in this point as otherwaies extraordinarly thay ar ouerseue to persew vpon the contract made be the master as they had bene con­tracters principal / d l 1 ‡ est autem, 8 et ‡ 12 quhilk priueledge is grauntit because the trafficke of schips [Page] tendis to ane gret common wealth: d l [...] ‡ 10 and suppose the maister be haldin to make a compt to the outredder of all fraughts / ȝit giff ane passinger be nocht able to pay his passage / it fall not be im­put to the master / because the master suld not search out ilk mans puissance l 2 ‡ 6 ad l▪ rhod.

TIT. 9 Of contributioun for gudis cassin.

FIrst concerning this mater / gif throw storm the schip be in vtter danger that gudis man be cassin for the releife of the schip gudis and lyffs: the maister sall con­sult with his mariners / quha giffe thay consent not / ȝit may he cast notwithstan­ding / giff quhen efterwart he sall coum saife to land / he with thame of his com­pany make a solemne aith / that for na o­ther cause he cuist the guds / bot for saifty of the schip guds and lyffs. c 19 & 20 olon. Second­ly / the gudis cassin sall be set vp be com­mon contribution of schip and all the rest of guds quhilke are saife thairby: l 1 l 2 ‡ [...]ad l rhod nocht onely the gudis payand fraught [Page] and burdingsoume to the schippe bot of thame also quhilk are nocht sa, as of clo­thing / money / iewels / golde / precious staines / and sicklike: d l [...] ‡ cum in eadem et d c 19 olon. for it is maist richteous / that the losse suld be common to all thame quhas guds are saif thair­by / d l 2 in pri except the thingis borne on ane mans awn body / d c 20 olon. and except the vic­tuals of merchands marriners and pas­singers / and sicke things as are put in to be consumit. d ‡ 3 For sic thingis sulde nocht skat / for thay ar cōmon gear in sa far / that quhē they becom skant ilk mā is bound to communicate euin the victuals quhilks were keepit a part: d ‡ cum in ead. naither ȝit suld all kinde of guds cassin / be set vp be common contributioun / for the guds fuirit aboue the ouerloft / giff thay be cas­sinn / nane beneith the ouerloft fall skatt and lott for thame / c 17 et 130. act. jac 3 for naither suld sic guds sa fuirit pay anye skatt be our lawe. d c 130. Ȝea giff sicke guds sa fuirit be the wyte of any skaith / and thay be tain in with the masters will / he sal alane pay all the skaith and be persewit crimi­nally / arg. l vnic C ne quid oneri pub. lib. 11. Sicklike the schippes gear wrackit / suppois be storme / importis na [Page] mair contributioun / d lc ‡ e [...]l nauis [...] eod▪ nor giff ane warkeman breake his warkloums in his warke / except things be done for eschew­ing ane common parrell / as the hewing of ane Mast ouer buird / l amissae ‡ eod d c 20 o­lon. and An­ker and tow slippin vpoun a iust fear / or at the desyre and wil of the Merchands / d l [...] ‡ [...] in sin vbi, bart. quhilke alwaies suld be prowin as befoir be the solempe aithes of thame of the schippe / for in all deids aither within Schip or house / credite man be giuin to the domesticks. l consensu ‡ super plagis. C. de tepud. l▪ quoties C. de naufr. vbi bart▪ c veniens ex de testib. &c [...] de prob.

TIT. 10. Of contribution for Pirats.

SIcklike / giff Schip and guds be re­deimit from ane Pirat / contribution fall be maid be all / becaus it is done for the saifty of all. l 2 ‡ si nauis 4 ad l rhod▪ Bot contrariwaies giff the Pirat beand ains maister of the Schip and guds / takis bot soume special gear quhidder schips gear or marchants waire / and nocht vnder the name of re­demption: na skatt fall be maid thairfoir: [Page] d ‡ si nauis vers. quod vero praedones. Because it can not be sayd that the schippe and rest of gudis are saifthairby / nor ȝit that that quhilk is tane is lossit by any common necessity / for oftentimes pi­rats takis nathing.

TIT. 11. Of contributioun for spilt gear.

GIff it happins throw the lowsing of the gear cassin / or be any sick neid­full occasioun / that any other gear in the schip be spilt with water or otherwaies. In that caise contributioun sall be made thairfoir / euin as for the gudis cassin / be­cause the awner of the spilt gear is hurt as well as he quhais gudis are cassin / for it is alyke to loose ten crownes / and gear to be made ten crownes worse: Ȝea sup­pois the skaith be bot meane / ȝit conside­ratioun suld be had thairof in setting the skatt for the guds cassin / that ane kinde of gear suffer nocht twa skaithes. And thairfoir giffe for example / it fell to a­any certain gear / to pay ten pound skatt and in the meane time it were fourty shil­lings worse / through the lowsing of the [Page] gear cassin / the fourty shillings suld be de ducit / t l nauis 4 ‡ 2 ad l rhod bot giff the skaith cum other­waies / thair is na sic regarde to be had thairof. arg. d ‡ [...]

TIT. 12 Of contributioun for the lichtning of ane schip pilot fie and vther chances.

ANd euin sa for the lightning of ane schip / skatt man be bot in this ma­ner / the twa part vpoun the gudis / and the thrid vpon the schip gif sho be full / ex­cept that nochtwithstanding any light­ning / the schip is na waies able to enter into the port / in quhilke caise onely the schip sall pay for the lightning: c 13 olon Or except that it be agreest in the Charter­party to deliuer the gudis freelye at the port quhairin lichtning is requirit / for thair condicioun makis law. l 1 ‡ quod conuenit depos as said is / quhair it is to be obseruit / that giff in the lichtning of an schip / the gear that is lowsit and put in an lighter perish by the way / the schip and rest of gudds sal skatt to the vpset thairof / as though castin had [Page] ben because this is also done for saifty of Schip and guds. Bot on the contrarie / giff it happin the Schip and rest of guds to perisch / & the lichter & gear put thair­in onely to be saif / na contributioun sall be set vpon the gear in the boat / bot it sal freely apperteine to the awners thairof / because it is a constant rule in thre caises of casting and lichtning that skatt suld onely be maid quhen schip and guds for quhais saifty castin: and lichtning wes maid come saife to the port▪ l nauis 4 in p▪ & l. amissae ad l rhod. Item contributioun aucht to be common ouer Schip and guds▪ for Pilotfie in ane vn­knawin port. c 31. olon & contributioun man be maid for the releiffing of the Schippe af ground / sa that na faut be found with the maister in that chance. c 30 olon This also is to be markit / that giff of ane fort of gear / as Salt / Corne / &c. layd into ane schip in heap be many partners without seperati­oun / the maister deliuer to ane of thame his measure / and befoir the rest can re­ceaue thair partis / it chauncis the rest of that geare to perisch. Surely that mea­sure or part quhilke is deliuerit sall re­maine with him quha had the▪ gud chance [Page] to receaue the samin / and the partners may naither doe against the Maister / nor him quha receauis it / for any part thair­of / t l in nauem 31 loc. because quhen this kind of gear wes first inlayd to the Schip / it was deli­uert to the maister / tanquam in creditum and thairby become his awine as lent money / quhilke men are not haldin com­monlye to rander againe the samin selfe pieces / bot at the leist in the samin selfe cuingȝie / Instit in pr. quib. mod re contr. ob & l 3 si cert. petat except thair be ane vther speciall condicioun quhilke in all things makis lawe. dl ‡ quod conuenit Sa that as he behuffit sa micht he giue first any part thairof to any of the merchands according to thair portioun. Vide passim d l in nauem. Attour in contracts con­cerning baith the parties alyke / Men are commonly haldin bot quhair thay fail / et non in casus fortuitos. And in this caise it can not be callit a fault / that any ane receaue it first / for of necessity it behuffit sa to be / howbeit it chancit better for him nor for the rest. In fin. d l in nauem.

TIT. 13. The common maner of Contributioun and doing thairfoir.

IN contributioun and setting of skatts things man be esteimat sa / vz. the guds cassin acording to the pryce they cost / and the guds quilke are saife according to the pryce they may be worth at the Market / quhairon to they coume. The reason is / because that regard suld be had in thair chances to skaith and damnage / and not to any aduantage and profite / or because thair is heir ane vpsetting of losse / and nacht of gaine. l 2 ‡ 4 vers portio. adl rhod Bot in the skatt for spilt gear / the estimatioun suld be maid according to the common worth. l nauis 4 ‡ quum autem co. And sa in all vther contributiouns quhair it is to be markit / that the present worth of neare is not to be esteimate according to y e affection of the owner / nor the particu­lar pryce pay it be him / bot be the cōmon worth thairof / at the time & place quhair sicke guds were coft. c l pretia vbi bart. ad ‡ non nullum ad l fal­cid. Idem ad l septem C de erog. milit anno lib, 12 Nowe the way to do for contributioun and skatt is this the awner of the gear quhilk is lossit / or he quha man be recompansit be a skatt [Page] man do against the maister to reteine all the guds on his schippes boddome / or at lest in his custody vntill ane skat be maid / syn the master as he may be law / sa aucht he to compell ilk man to contribute acor­ding to the skatt set downe: l 2 in pr adl rhod for vther­wais the awner of the lost guds may per­sew the master for the samin d l 2 ‡ 3 ver. ex conducto ex condu­cto. But all this doing ceissis giff the cas­sin geare be found againe / and na worse nor it wes befoir it wes cassin. d l 2 ‡ pen

TIT. 14. Of Schipwracke.

STrangers incurring Schipwracke in Scotland / suld haif the samin fauour & grace of vs / that our people in like caise vse to receaue on thair coast: c 138 act ja­co 1 tharfoir na confiscation suld be maid / l 1 C de nau­fr. ib 11 except that aither the like lawe be practised be thair nation against ours: d c 138. Or except thay be Pirats or be enemies to the chri­stian name / auth. nafra­gia C. de furt. vtherwaies quha steils or receauis ony of that miserable gud per­teining to any to quhome we aucht fauor giff he be pursuit within ȝeir and Day he sal paye fourfald to the persewer / and as [Page] meickle to the thesaurie l 1 in pr. de lucend rui nauf. l in cum cum auth. seq. C de furt and quhilke is mair / suppois that only ane nail or the worth thairof be stolne or reft / the theif or reuar sall be haldin for the hail gud / l 3 in pr & in sin de incen. rui nauf [...] Bot the Emperor Antonius eikit maire to this paine according to the estate of the reuar / vz. giff the reuar were of any ho­nest ranke to be batonit and banneist for three ȝeires: bot giff he were of any base condition / to send him skurgit to soume publick warke and perpetuall labour / as to mettall mines and galiouns. l pedius 4 eod and giff any man suld be sa vnhappy as be counsell or deid to hinder schippe broken men from helpe in thair danger / to reput and hald him for a murtherer. d l 3 in sin. And for the better eschewing of thir euils / Ha­drian the Emperor ordain all tham quha had possessions at y t costs sides / to intend carefully thairvpon / with certificatioun that vtherwaies thay suld be answerable for all things quhilke be stouth or reiff in sic miserable caise wer amissing. l nequid eod Iast anent that action and caus of schipwrack aboue written / it aucht aither to be inten­tit within ȝeir and day or els neuer to be hard: l siquis C de naufr lib. 11 and siclyke / it aucht to be ex­pedd [Page] and decidit be the Iudge within twa ȝeirs. l de submer­sis eod.

TIT. 15. Of the Iudge ordinair to Seafair causes.

LYK as al actions amang mē ar chiefly ather ciuil or criminal / euin sa ar the seafayr causis. as for y e ciuill debaits / nam ly sic as fallis out betwixt merchand and skipper / it wes ordain of awld that they suld be without excemptiō / decydit be the iudge of the brough quhairvnto the schip is frauchtit / c 17 c 130 actor Iac. 3 quha is according to the common custome / the Deane of Gyld / a iudge of many hundred ȝeirs awld in this lande. As for the criminalls / of blud stouth / raiff / &c. done within the sea-flud / The admiral senn his erection amang vs is iudge propir and ordinair thairto / as also be y e custome of vther nations quhom we follow in that erectioun / iudge to the ciuill causis / bot without preiudice of the lawis and consuetud foresaid. The place ordinair for this iurisdiction is not as ȝit constitute / quhilk wald be at the lest ane certain in ilk seaward shire / quhilk thing I hope my lord Admiral will consider in the reformation of this iurisdictioun.

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