FREE BOOKS

Author's List




PREV.   NEXT  
|<   350   351   352   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374  
375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   >>   >|  
versities) notwithstanding any statute, custom, or charter to the contrary. And soldiers in actual military service may make their wills, and dispose of their goods, wages, and other personal chattels, without those forms, solemnities, and expenses, which the law requires in other cases[a]. Our law does not indeed extend this privilege so far as the civil law; which carried it to an extreme that borders upon the ridiculous. For if a soldier, in the article of death, wrote any thing in bloody letters on his shield, or in the dust of the field with his sword, it was a very good military testament[b]. And thus much for the military state, as acknowleged by the laws of England. [Footnote a: Stat. 29 Car. II. c. 3. 5 W. III. c. 21. Sec. 6.] [Footnote b: _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.] 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[c]. 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[d] 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 gr
PREV.   NEXT  
|<   350   351   352   353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374  
375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393   394   395   396   397   398   399   >>   >|  



Top keywords:

England

 

maritime

 
military
 

present

 

called

 
statute
 
Oleron
 
marine
 

Footnote

 

Europe


nations
 

ground

 

substruction

 
compiled
 
floating
 
strength
 
bulwark
 

island

 

strong

 
confessedly

constitutions

 

perfection

 

earliest

 

liberty

 

assiduously

 
cultivated
 

reputation

 

arrived

 

danger

 

received


twelfth

 

century

 
apprehended
 

powerful

 

salutary

 

provisions

 

statutes

 
measure
 

consisted

 

thirty


condition

 

navigation

 

encouraged

 

rendered

 

unavoidably

 
seamen
 
constant
 

increase

 

English

 

shipping