The present state of England. Part III. and Part IV. containing I. an account of the riches, strength, magnificence, natural production, manufactures of this island, with an exact catalogue of the nobility, and their seats, &c., II. the trade and commerce within it self, and with all countries traded to by the English, as at this day established, and all other matters relating to inland and marine affairs : supplying what is omitted in the two former parts ...

CHAP. CXVII. Ʋseful Instructions to be observed by all Ma∣sters of Ships, in the Management of their affairs, and the preventing the Penalties they may incur through Ignorance, &c.

IF a Master of a Ship be intrusted with Goods, and they be imbeselled either in Port or upon the main Ocean, he's Respon∣sible to the Owners or Merchant, and must make them good; nay if a Ship be Fired by carelessness, the Master lies lyable to make both the Ship and Fraight good, nay tho Goods sustain any other dammage, by the neglect of the Master, he is bound to

make them good, for he is Exercitor Na∣vis, and is either by the Marine and com∣mon Law, lyable to answer for the neglect or Misdemeanour of his Mariners; but if a Ship be taken by an Enemy, founder, or be lost in a Storm, the Master is not lyable to make satisfaction. If a Master send off his Boat to receive Goods at a Wharf, and they be imbeselled, he must make them good. If a Master lades Goods on Board any of the Kings Enemies Ships, tho his own be Leaky, and by that means such Goods are seised, he becomes lyable to make satisfaction to the Owner, nor at his Pe∣ril ought he unknown to the Merchant or owners to Ship prohibited Goods; and if when he is home-ward laden, he enter or lye by in any Creek, unless driven in by Tem∣pest, and by that means the Cargo becomes Seisable, he shall answer it to the Owner, by Reason he ought to have entered one of his Majesties great Ports; nor must he Sail with false Colours, carry false Coc∣quets or other Papers, for if by such means the Goods are involved in Trouble, lost, or the like, he lies lyable to make Restitution. He must not lade the Ship a∣bove the Birth-mark, set Sail with insuf∣ficient Rigging, stay in a Port, unless up∣on an extraordinary occasion, if the Wind

stands fair for his prosecuting his Voyage, unless it be Tempestuous Weather; or re∣fuse in any Port to pay due Custom, by which any damage may befall the Merchant or Owners, upon pain of his making satis∣faction for the same: if he sends Goods to a Wharf in close Lighters, and send his Mariners to watch them; then if they be im∣bezled, he is bound to make them good, but on the contrary the Wharfenger must be accomptible. If when a Master brings a Ship into any Port, and through his neg∣lect She suffers damage, he is lyable to ans∣wer for it. A Master may sell or impawn part of the lading for money, to mend on refit the Ship, if She be in any danger, but may not do it to defray any charges of his own: no Master is to import or export any Commodities from any of his Majesties Plantations, but in English or Irish bottoms, or bottoms belonging to the Natives of those Plantations, and that in such a case, the 3 Fourths of the Mariners be likewise English upon pain of Forfeiting the Ship and Goods. These and many Obligations are binding upon a Master, both by the Laws-Marine, and Common. The Mari∣ners being accountable to the Master, the Master to the Owners, and the Owners to the Merchant, for all damages sustained by

neglect of their respective duties or Breach of contract.