Page:Royalnavyhistory01clow.djvu/186

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152
CIVIL HISTORY, 1154-1399.
[1375.

goods of aliens, the aliens, if not enemies, might have the goods restored upon condition of not insisting upon the execution of the felon. Stealing an oar, or other small thing, was punishable, after conviction by jury, with imprisonment for forty days, and a second offence with imprisonment for half a year; but for the third offence hanging was prescribed. No lieutenant of an admiral could, without special warrant, try matters affecting life and death. If a man, being the beginner of a quarrel, injured another, he was not only to make other amends, but also to pay a fine of £5 to the king, or lose the hand with which he had struck the blow, unless he obtained the grace of the king or of the "High Admiral." Offenders were to be imprisoned by masters or captains, pending the acquaintance of the admiral or his lieutenant with the circumstances. To this end masters were to be assisted by their crews; and anyone refusing aid rendered himself liable to the same punishment as the original offender.

If a ship which had been impressed for the king's service broke the arrest, she was, upon proof being made, to be forfeited. A seaman refusing to serve might be imprisoned for a year, and, upon a second refusal, for two years. Forestalling and regrating were prevented by a provision that merchants, going on board a vessel entering a port to purchase the whole cargo and afterwards selling it at a higher price than the original owners would have demanded, might be punished with imprisonment for half a year, and a fine equal to the value of the goods so purchased. A similar penalty awaited the purchaser-in-gross of corn, fish, and other provisions, within the flood-mark. Goods found at sea, as "flotsam," or at the bottom of the sea, as anchors, were not to be concealed from the admiral, upon penalty of fine to the amount of the value of the goods. Deodands, as valuables found on a man killed or drowned at sea, belonged to the admiral, who was to employ one-half for the benefit of the soul of the deceased, and one-half for the benefit of his immediate relatives, if he had any.

The law regulating the disposal of prizes seems to have been regarded as, in some respects, unsatisfactory; and an inquisition of mariners, held at Queenborough in 1375, for settling doubtful points of marine law, held, with regard to prizes and prisoners captured at sea in time of war, in the absence of the admiral, that, after the admiral had taken his share, the remainder ought to be divided into two parts, one to go to the owners, and one to the captors, but