they might buy in Ireland; and allowed all persons born in the ports to marry as they pleased, even though they might hold lands elsewhere by such service as would, if minors were in question, have subjected the marriages to the will of the Crown.
The other charter, after reciting that the king had in mind "that his shipping of the Cinque Ports could not be maintained without great cost and expenses," and was desirous "that shipping should not fail in future," declared, with an agreeable cynicism, that his majesty granted that all the inhabitants of those ports, and others calling themselves of their liberty and willing to enjoy the same, should contribute, each according to his means, to perform the service with the ships when required.[1]
When the whole number of fifty-seven ships was not needed, as many as were thought necessary were called for by the Crown, which could order the men belonging to the remaining vessels to he put on board the ships summoned to serve. This course was followed in 1302 when twenty-five ships, and the full tale of men were provided.[2] A port failing to furnish its proper contingent was obliged to give a satisfactory excuse, or to suffer indictment and fine; and others besides the Cinque Ports were subject to this rule; for, about the year 1301, the towns of Poole, Warham, and Lyme, having agreed to furnish each a ship for the Scots war, and having failed to do so, were ordered to be punished at the discretion of certain commissioners.[3]
It has been already shown that, under the Laws of Oleron, the master of a ship, in case of danger in a storm, might, with the consent of the merchants on board, lighten the vessel by throwing, or "ejecting," part of the cargo overboard; and that if they did not consent, he might act as he thought proper. That was the rule in Oleron, and elsewhere, but not, at least in the early years of Edward I., in England; for there the merchants had a lien upon the property of the master and crew for goods so ejected. The injustice was remedied by an ordinance of May, 1285, copies of which were sent to every port, and which, translated, ran as follows:—
