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afforded me I shall ever entertain the most grateful remembrance, and my reader will experience the advantage in many parts of this book.

The Ordinances most frequently quoted are those of Oleron and Wisbuy, the two Ordinances of the HanseTowns, and the Ordonnance de la Marine du Mois d'Aoust 1681. The Ordinances of Oleron and Wisbuy and the first Hanseatic Ordinance are in the hands of every lawyer; and whenever the Hanseatic Ordinance is mentioned generally, the reader will understand this to be spoken of. The Hanseatic Ordinance of the year 1614 was published with a Latin translation and commentary by Kuricke in a small quarto, at Hamburgh, in the year 1677. This book is very scarce in this country: the Ordinance itself is arranged and divided, and contains some additional regulations, which, however, are little more than a detail of the principles comprised in the first Ordinance. Reference is also occasionally made to such other foreign Ordinances as are to be found in the second volume of Magens's Essay on Insurances. I have often lamented my inability to consult the earliest maritime code of modern Europe, the Consolato del Mare. There is an old French translation of this body of laws, but I could never meet with it, and I am ignorant of the Spanish and Italian languages. Whenever, therefore, I have referred to this code, the reference is taken from the work of some other author; and it is made for the purpose of giving an opportunity of consulting the original to those whose superior attainments enable them so to do. The Ordinance of Louis the Fourteenth is quoted from the edition published with a most learned and valuable commentary by Valin, in two volumes, quarto, at Rochelle, in the year 1766, and is cited by the name of the French Ordinance. An English translation of the whole of this Ordinance is contained in a book called "A general Treatise of the Dominion of the Sea, and a complete Body

of Sea Laws," published in quarto, in the early part of the last century. The translation is divided into sections, and not like the French of Valin, into books and titles; but the subjects and articles of the sections in the English are the same as those of the titles in the French; and as the latter are always cited in the notes to this Treatise, recourse may be had to the English translation with very little difficulty. If the reader should be offended at the frequent references to this Ordinance, I must request him to recollect that those references are made to the maritime code of a great commercial nation, which has attributed much of its national prosperity to that code; a code composed in the reign of a politic prince, under the auspices of a wise and enlightened minister, by laborious and learned persons, who selected the most valuable principles of all the maritime laws then existing; and which, in matter, method, and style, is one of the most finished acts of legislation that ever was promulgated.*

The writings of some foreign authors are also occasionally cited, particularly the Notabilia of Roccus, and the treatises of Pothier and Emerigon. The Notabilia of Roccus are an abstract of the most useful points contained in the works of earlier authors, and in the Digest and Code of Justinian. Where this author is cited generally, the reference is to the Notabilia de Navibus et Naulo. The treatises of Pothier are remarkable for the accuracy of the principles contained in them, the perspicuity of their arrangement, and the elegance of their style. The treatise of Emerigon is peculiarly valuable for its extent of learned research, and the numerous and apt citations of the texts of the Civil Laws, and of the Maritime Ordinances, the

The esteem in which this Ordinance has been held in France is abundantly shown by the little alteration that is made in the Code de Commerce of the year 1807.

opinions of former writers, and the adjudications of the Courts of Justice of his own country, which are to be found in every part of it.

It should be observed, however, not only of all these treatises, but also of the Civil Law, and the Ordinances, without excepting even the Ordinance of Oleron (which being considered as the edict of an English Prince, has been received with peculiar attention in the Court of Admiralty), that they have not the binding force or authority of law in this country, and that they are here quoted, sometimes to illustrate principles generally admitted and received, sometimes to show the opinion of learned persons, and the rule adopted in maritime nations upon points not hitherto settled by the authority of our own law; and at other times to furnish information that may be useful in our commercial intercourse with foreign states.

In the composition of this Treatise, my object has been rather to arrange and illustrate principles, than to collect the decisions of Courts or the Acts of the Legislature. The cases therefore are, with few exceptions, stated in a concise manner; and the clauses of Acts of Parliament are abridged, whenever an abridgment seemed likely to be as satisfactory to the reader as a transcript. Of the institutions of written law, the precise words are often necessary to a right understanding of the intention of the lawgiver. I should have saved myself much, both of time and labour, if I had copied more and abridged less.

There are few reported decisions of our Courts of Justice from which some useful principle may not be extracted, and I have therefore searched the books of reports with much assiduity. Nevertheless, I am apprehensive that some valuable cases may have escaped my attention, and I shall feel myself greatly indebted to any one, who will

point out to me such omissions of this kind as may fall under his notice, or acquaint me with any other defects or errors that he may observe.

Relying on the kindness of those who may peruse the book with a friendly disposition to its author, and the candour of those who may look into it for the sake of information alone, I now offer it to the public, and to the profession of which I am a member, with a sincere desire that it may be found useful to both.

INNER TEMPLE,

January 25, 1802.

C. ABBOTT.

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