Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/433

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Ch. 13.
of Persons.
417

ment[1]. And thus much for the military ſtate, as acknowleged by the laws of England.

The maritime ſtate is nearly related to the former; though much more agreeable to the principles of our free conſtitution. The royal navy of England hath ever been it's greateſt defence and ornament; it is it's antient and natural ſtrength; the floating bulwark of the iſland; an army, from which, however ſtrong and powerful, no danger can ever be apprehended to liberty: and accordingly it has been aſſiduouſly cultivated, even from the earlieſt ages. To ſo much perfection was our naval reputation arrived in the twelfth century, that the code of maritime laws, which are called the laws of Oleron, and are received by all nations in Europe as the ground and ſubſtruction of all their marine conſtitutions, was confeſſedly compiled by our king Richard the firſt, at the iſle of Oleron on the coaſt of France, then part of the poſſeſſions of the crown of England[2]. And yet, ſo vaſtly inferior were our anceſtors in this point to the preſent age, that even in the maritime reign of queen Elizabeth, ſir Edward Coke[3] thinks it matter of boaſt, that the royal navy of England then conſiſted of three and thirty ſhips. The preſent condition of our marine is in great meaſure owing to the ſalutary proviſions of the ſtatutes, called the navigation-acts; whereby the conſtant increaſe of Engliſh ſhipping and ſeamen was not only encouraged, but rendered unavoidably neceſſary. By the ſtatute 5 Ric. II. c. 3. in order to augment the navy of England, then greatly diminiſhed, it was ordained, that none of the king's liege people ſhould ſhip any merchandize out of or into the realm but only in ſhips of the king's ligeance, on pain of forfeiture. In the next year, by ſtatute 6 Ric. II. c. 8. this wiſe proviſion was enervated, by only obliging the merchants to give Engliſh ſhips (if able and ſufficient) the preference. But the moſt beneficial ſtatute for the trade and com-

  1. Si milites quid in clypeo literis ſanguine ſuo rutilantibus adnotaverint, aut in pulvere inſcripſerint gladio ſuo, ipſo tempore quo, in praelio, vitae ſortem derelinquunt, hujuſmodi voluntatem ſtabilem eſſe oportet. Cod. 6. 21. 15.
  2. 4 Inſt. 144. Coutumes de la mer. 2.
  3. 4 Inſt. 50.
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