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.
About this Item
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.
Pages
☞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.
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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, &
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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.
descriptionPage [unnumbered]
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 lo••de
they oughte to be deuyded pounde by
pounde among the sayd marchauntes
and the mayster ought to deuyde, and
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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.
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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 Bri••ain 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
descriptionPage [unnumbered]
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.
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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
descriptionPage [unnumbered]
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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