The rutter of the see, with the hauons, rodes, soundynges, kennynges wyndes flodes and ebbes, daungers and coostes of dyuers regyons with the lawes of the yele of Auleton, and the iudgementes of the see. With a rutter of the northe added to the same.

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Title
The rutter of the see, with the hauons, rodes, soundynges, kennynges wyndes flodes and ebbes, daungers and coostes of dyuers regyons with the lawes of the yele of Auleton, and the iudgementes of the see. With a rutter of the northe added to the same.
Author
Garcie, Pierre, called Ferrande, ca. 1435-ca. 1520.
Publication
[London :: T. Colwell,
1560?]
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Subject terms
Maritime law -- France.
Navigation -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A01436.0001.001
Cite this Item
"The rutter of the see, with the hauons, rodes, soundynges, kennynges wyndes flodes and ebbes, daungers and coostes of dyuers regyons with the lawes of the yele of Auleton, and the iudgementes of the see. With a rutter of the northe added to the same." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A01436.0001.001. University of Michigan Library Digital Collections. Accessed June 9, 2024.

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☞Here begynneth the iudgementes of the See, of shyppes, of may∣sters of maryners, of mar¦chauntes, and of al theyr doynges.

FYrst one mā is made mayster of the ship and the ship belongeth to many parteners & departeth frō the coūtey of whence it is, and cōmeth to London or o another place, and is fraught to go into a straunge coūtrey the mayster ought not to sell the shyp without he haue a procuracyon or ly∣cence of the owners. But yf he haue nede of money for the expenses of the shyppe, he maye laye to guage some of the take lynges, by the counsell of the maryners of the shyppe.

This is the iudgement.

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A Shyp lienge in a hauen, and taryeth for ye freyght & tyme to departe, the mayster ought take coun¦sell wyth his felowes, and saie, mates howe lyke ye this wether, Some wyll saye it is not good, let it ouer passe.

Other wyll saye the wether is good & fayre. The mayster ought to agre to ye mooste, or els yf the shyp peryshe he is boūde to restore the value as it is pray¦sed, yf he haue wher with.

This is the iudgement.

IF a shyp pereysh in any place the maryners ought to saue the most parte of the goodes in the shyp & in so doyng the mayster ought to gyue them theyr costes reasonable to good to lande, yf they haue saued so much that the mayster may do it. And the maister may lay to bledge of the saued goodes to some honest man for them. And if he can not helpe them so he is not boūde to rewarde them, but they to lose theyr

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rewardes whē the shyp is lost. And the mayster maye sell no takelynge of the shyp but yf he haue procuracyon or ly∣cence of the owners. But he ought to put them in saufgarde to the tyme yt he do'th knowe the wyll of the owners, & he ought to do it the moost truely that be can, & yf he do otherwise he is holdē to make amēdes if he haue wherwith.

This is the iudgement.

ALso yf a shyp departe fro Bur∣dewes or another place laden, it chaunceth somtyme that it wracketh and the moste parte of the goodes that may be his saued, the marchaūtes & ye mayster be at greate stryfe, & the mar∣chaūtes aske their goodes of ye master They ought well to haue thē, hauyng the freyght as yf the shyppe had made the vyage kēnyng, by kēnyng, & cours by cours, if it please the mayster & if ye mayster wyll he may amende hys ship yf it be in case to be lyghtlye mended, &

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yf not he may hyre another shyp to fy∣nyshe his vyage, and the master shall haue his freyght, as yf he had saued the goodes, and the freight of the sayd goodes yt be saued ought to be rekened poūde by pounde, & the goode to paye the parte of the costes that were done in sauinge of the sayde goodes, & yf so were that the mayster & the marchaū∣tes do promise to tolke that shuld help to saue the shyp & goodes, to haue the thyrde part or halfe by thē so saued for the peryll yt they be in the iustyce of the coūtrey ought well to regarde what la¦bor & payne they haue done in the sa∣uynge and after that payne (not contē¦tynge the promisses made by the sayde mayster & maryners) to rewarde them

YF a shyp departe fro any place la¦den or not, & aryuethe at another place the maryners ought not to go out without lene of the mayster, for yf the shyp shulde peryshe or hurte by

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any aduēture, thei be holdeen to make amendes. But yf the shyppe were in a place where it were ankered wyth two or thre Cables they maie well go oute wythout the mayesters leue, leauynge some of the maryners to kepe the shyp and goodes, and they to come betyme to the shyp and yf they tary longe they oughte to make amendes yf they haue wherwyth.

Suche is the iudgement.

MAriners bynde them wyth theyr mayster & anye go out wythout leaue of the mayster and drynke dron∣ken and make noyse and stryfe so that anye of them he hurte, the Maiester is not bounde to cause them to be healed, nor to puruey oughte for them, but he maye well put them oute of the shyppe But yf the maister sende them in anie erande for the profite of the Shippe, and that they shoulde hurte theym, or that anye dyd greue them, they oughte to be healed at the costes of the shyppe

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This is the iudgement.

IF it chaunce that any mariner be taken with sickenes in ye ship doing seruyce therto belōgyng the Master ought to set him out of the shyp, and seke lodgyuge for hym, and ought for to fynde hym light, as talow or candel and gyue to hym a lad of the shyppe for to take hede of hym, or hyre a woman so kepe hym, and oughte to puruey hym of suche meate as is vsed in the shyp that is to wite as muche as he toke when he was in health and no∣more but yf the mayster wyl. And if he wyll haue deyntyer meates, the may∣ster is not bounde to gette him any, but to be at his tostes. And yf the shyp be redie to departe it ought not to tary for hym, and if he recouer to haue his hire in prayeng and rebatyng that the may¦ster layde out for hym. And if he dye hys wyfe or nexte kyn or frēde oughte to haue it for hym.

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The iudgement, is suche.

ALso a shyp is freyght to go toward London, or elswhere and yf it do chaū¦ceth that tourmēte taketh it beinge on the see, and it can not escape but yf the goodes because out the mayster ought to saie, mates it behoueth to caste ouer these goodes to saue the shyp, & if there be any marchaūt that wil answer and wyll be contrary of the castyng out by theyr reasons & wyl not agre, the may∣ster neuertheles oughtnot to leaue but cast ouer so much as he shal se nede. He & the thyr departe of hys felowes ma∣kyng theyr othes on ye holy gospel whē they become to the right place of theyr discharge yt he did it for to saue the bodi of the ship & the other goods that is yet in it & ye wynes yt were cast ouer ought to be praysed at the value of them ye be come saufe, & when they shall be lode they oughte to be deuyded pounde by pounde among the sayd marchauntes and the mayster ought to deuyde, and

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teken the shyppe or thre freyght as his choyse and for recouerynge of the do∣mages the maryners oughte to haue a tonne fre, and any other ought to haue parte after hys deseruynge, and yf he hath not behaued hym as a good man to haue nothyng of the franchyse. And the marchauntes may charge the may¦ster for it by his othe.

This is the iudgement.

SO maye chaunce that ye mayster muste cutte of his mast by force of ye wether, but he ought to cal ye mar¦chauntes that owe the goodes, yf anye of them be there and saye. The maste must nedes be cut to saue the shyp, and goodes, it were resonable by trouthe. And somtyme behoueth to cut a sōder Cables and leaue the Ankers and ro¦thers to saue Shyppe and goodes all these thynges bene rekened pounde by pounde. And whē god sendeth the ship to dyscharge in saufte the marchaūtes

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ought to paye eche theyr rate without delay, or to sell or guage for money, or euer the goodes be out of the ship. And yf the shyp be at hyrynge, and the may¦ster tarye by reason of ther debate and perceiueth lekage, he ought not to part with the losses but haue his freight as yf the tones were full.

This is the iudgement.

WHen a shyp cōmeth saufe to the ryght dyscharge ye master shuld shewe ye marchaūtes the ropes yt they haue to hoyse withal. And if they se nede, the mayster ought to amende them. For yf the tonne lese bycause of the hoysinge or of the ropes the may∣ster and the Ma••••uers amonge theym muste paye the marchauntes, and the master ought to pay after as he ought to take for the vnladyng, and the vnla∣dynge to be set fyrst to recouer the los∣ses, and the resydue to be departed a∣monge them. But yf the ropes breake

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without that the Maister shewe them to the marchaūtes they are bounde to recompence the domage. But yf the marchauntes saye, the ropes be sure, & good, if they breake eche of thē ought to haue parte of the domage, that is to wite ye marchaunte that oweth yt wine onely, and the mayster & the maryner

This is the iudgement.

A Shyp beinge charged at Bur∣dewes orels wher, & hoyseth the sayse for to go wyth the wines, & the mayster and hys maryners trym∣meth not theyr sayl as it shulde and yl wetherynge taketh them in the see, in suche maner yt the takelynge crusheth or siniteth out the botome of ye tonne or pype, the shyppe beyng saufaryued at the ryght dyscharge, the marchauntes sayeth to the mayster, that y his take lynge there wyne is lost. The mayster sayeth nay, and yf he wyll sweare, and thre or four or halfe a dosyn of his ma¦ryners

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or any of them whiche the mar¦chauntes wyll that the wyne was not lost by theyr defaute nor by thyr take∣lynge as the marchaūtes put on them they ought to be quyt. But yf they wil not swere they be boūde to ordre theyr sayle well and truely or they parte fro theyr charge.

This is the iudgement.

A Mayster hyreth hys maryners and ought to kepe them pesably and ostre to be theyr Iudge and yf any say yt hys felows lyeth, hauinge breade and drynke at the table, ought to paye .iiii. d. And yf anye belyeth the mayster to pay .viii. d. Or yf the may∣ster belye any also to pay .viii. d. And yf the maister smite anye of the mariners the mariner oughte to abyde the fyrste buffet be it with fyste, or stath with his hande but if he smite any more he may defende hym. And if a maryner smite ye maister to pay .v. s. or. to lese his fyst.

The iudgement is such.

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ANye shyp freyght at burdewes or any other place & cometh to his right discharge, and be char∣ged halfe party tonnage and smal lod∣mans seruaūtes ben to the marchaun¦tes. The custom of Brytayn is all they that be taken steth they passe the yle of Bas, & bepayuz la main. And they of Normandie and Englande, and flaun¦dres, syeth they passe Garnesey, & they of syeth they passe Garnesey do not.

This is the iudgement.

IF variaunce fal betwene the may¦ster of a shippe, and the mariners the mayster oughte to take the tor¦well a waye that is afore the mariner or he put hym out, and if the maryner offer to make Amendes at the Agre∣ment of hys mates that be at the table and the mayster wyll not but putteth him oute, the mariner maie folowe the Shippe till it come to the ryght dys∣charge, and ought to haue as good wa∣wages

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as, yf he had gone in the shyp, amendynge the trespace at the verdite of his felowes, And yf so be that ye mai¦ster take not in as good a maryner as be, and the shyp by chaūce take harme the mayster is boūde to restore the shyp and the goodes, yf he be able.

This is the iudgement.

IT may so be that as a shyp ly∣eth ankered at rode, another shyp cometh oute of the see, and by mysguiding hitteth against the ship that is in the waye, so that the shyp is domaged with the strocke that ye other shyp gaue it, and there is wyne shedde on both bartes, the losse ought for to be praysed and deuyded halfe to halfe by¦twene the shyppes and the wines loste in the sayde shyppes also amonge the marchauntes, and the mayster of the ship that hyt the other must swere on a booke, and hys marchaūtes wyth him that he dyd not with is wyll. The rea¦son

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why this iudgement was made is that an old shyp wyllynglye lyeth not in the waye of a better so ferforth as it knoweth not to domage it by greuyng but whē it knoweth well that it muste parte byhalfe, it wyl passe by out of the waye.

Suche is the iudgement.

TWo shyppes or mo lyenge in A hauen, at scante water, and one of the ankers lye to nere another shyp, the mayster of the sayd shyp oug∣ht to say. Mayster take vp your anker it is to nere vs and maye do vs harme And if they wyl not remene it, the may¦ster and hys maryners that myght ha¦ue the domage maye take it vp, and set it ferther from them, but yf the other wyll not suffre them, and it do them do¦mage, the other muste restore it, and yf so be yt they had fastened to it, no. But and yf it do hurte they be holde to yelde the hurte all alonge, & yf they lye drye in a hauē, thy ought to set markes at

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theyr ankers that may playnly be fene aboue the water

The iudgement is such.

IF a shippe be ariued to be charged at Burdews or at any other place the mayster is holden to say ta his felowes. Mates wyll ye freyght by youre selfe, or be alowed at the freyght of the shyp. That is to be at theyr own prouysyon. They muste answere what they wyll do, yf they take at ye freyght of the shyp, they shall haue as the shyp shall haue. And yf they wyl freyght by them selfe they oughte to freyght it in suche wyse as the shyp do not tary.

And yf it chaunce that they fynde noo freight the master is not to blame, and oughte to shewe theym theyr fare, and may set ye weyght of theyr shyp meate to eche of them, & yf they wyll laye in a tonne of water they maye▪ for a tonne of wyne, and yf throwynge ouer into the see happen the ton of water oughte

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to be for a tonne of wyne, or for other goodes, pounde to pounde, wherby the maryners maye healpe them in the see. And yf so be that they freyght it wyth marchaundeyse, suche fraunchyse as the maryner hath ought the marchaūt to haue.

That is the iudgemente.

THe mariners of Briain ought to haue but one meale a day, by reason of that they haue drynkes go∣ynge, and commyng, and they of Nor¦mandye oughte to haue two meales of the kytchyn on the daye, bycause they haue but water goyng at the shyppe co∣stes. And when the shyppe is at the shore the maryners to haue wyne to drynke and other at the fyndyng of the mayster. This is the iudgement. A Shyp cōmeth to dyscharge, the ma¦ryners will haue theyr fyndynge some there be yt haue neither bedde nor caben in the shyp, the mayster maye retayne

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of theyr hyre fyll the shippe be there as they toke it, yf their put no good suerty to furnisshe theyr viage.

This is the iudgement.

ALso the mayster of a shyp hyreth his maryners in the town that is of some of theyr owne fyndynge, and other at hys coostes. It chaūceth that the shyppe can fynde no feyght to go where he wold be, and they must go ferther. They that fynde them selfe ought to folowe hym, but they that be a thys coastes he ought to rayse theyr wages, kennynges by kennynge, and course by course, after the rate of theyr hyre for to go to a tertayne place. And yf they go nerre then the place, or well as ferre as they were hyred to all to be alowed but they muste yelde the shyp, where they toke it, and set it at the ad∣uenture of god.

This is the iudgement.

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WHhen a shyp cōmeth to Brystow or any other place Of such meat as is in the shyp, two of the mary¦ners may beare to shore a mease or an halfe mease, suche as they be cut in the shyp, and such breade as they haue, as maye eat at one tyme, but no drynke. And thy oughte to haste them shortly aborde agayn that the mayster lese not the ernestes of the shyp, for yf the may¦ster haue domage by that losse, they be holden to alowe it. Or yf any of theyr felowes hurte hym selfe for lacke of helpe, they be holden to heale hym and to make a fyne at the verdyte of one of the maryners, and of the mayster, and of them of the table.

This is the iudgement.

YF a mayster freyghte his shyppe to a marchaunt, and sette a cer∣taine terme within the which at ye mar¦chaunt shoulde lade, redy to departe, yf the marchaunt doth it not, but kepe the

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the Maister and hys maryners by the space of .xii. or .xv. dayes or more, som∣tyme he leseth his wetherynge & tyme by defaute of the marchaunt, the mar∣chaunt is holden to make the mayster amendes. And of such amendes as the mayster hath the maryners ought to haue the fourth parte, and the mayster the other iii. partes, bycause he findeth theyr expences.

This is the iudgement.

CErtain marchauntes or one frei¦ghteth a shyp, & setteth it in way The sayd ship entreth into a ha∣uen, and is there soo lōge that money faileth them. The maister ought for to send in hast into his coūtre for money, but he ought not to lease hys armogā for yf he do he is boūd to redresse al the domages of ye marchaūts. But he mai take of the wyne, & of the marchasites goodes, & make sale for his store. And whē ye shyp cōmeth to ye right discarge

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the wyne that the wayster hath so ta∣ken ought to be praysed after the rate as the other shalbe solde comenly and neyther more nor lesse. And the maister ought to haue his freyght of the wyne that he hath taken.

This is the iudgement.

A Lodesman vnder taketh to lade a shyp to hulle or to other places, yf he fayle, & the shyp perysshe to the marchaūtes domages he is bounde to restore the domages yf he haue wherwith. And yf he haue not wherwith to lose his heade, and yf the mastes or anye of the maryners or Marchauntes do smyte of hys heade they be not bounde to make amendes, but they ought fyrste to knowe before they do it if it be able ta make a mēdes

This is the iudgement.

TWo vessels be felowes to take Herynges or Makerelles, they

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ought to laye as many gynnes one as another. and they be a greed to parte the gayne by halfe bytwene them, and yf it chaunce that one of them peryshe bothe men, gynnes and other thynges and the other scapeth and cometh sauf to shore, the frēdes of hym that is ded asketh part of the gayne that they ha∣ue made, of the gynnes, hearynge, and vessell. They shal haue parte & gayne of the gynnes and hearynge, by the o∣thes of them that be scaped. But of the vessell they get nothynge.

This is the iudgement.

A Sippe hoysseth vp at the dis∣charge and lyeth dry where she is so iocoud that the Maryners taketh at the mayne. Maste, or at the scurtyll before or behynde the mayster ought to encrease hyre theyr kenninge for kenneynge, and in wyndying of wy¦nes it chaunceth that they leaue a pipe or other vessell open, & haue not wel fa∣stened

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it with roopes at the ende of the shyp and it slyppeth and falleth vpon another, and marreth them bote, the Mayster and maryners ought to re∣store the marchauntes, and the Mar∣chauntes must paye the freyght of the two pypes, bycause they shal be payed at the pryce that other besolde. The mayster and maryners ought to sette theyr hoyssynge fyrst to recouer the do¦mage pounde to pounde. The owners of the shyppe shall take nothynge, for it was faut of the mayster, and mary∣ners in fastenyng of the pype.

This is the iudgement.

WItnesse the seale of ye ile of aulerō establysshed by the contractes of the sayde yle, the Tuesday after the feast of saynt Andrewe. The yeare of our Lorde. M.CC.lxvi.

Finis.
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