case scot who tam and bray vers SCHAWRTZ all in scacc mich geo in a  information upon the statute car c it be determine that a ship which be man by  mariner resident for some year in Russian but who be not native of the country  be exempt from the penalty of the Act a information be exhibit in the  exchequer by scot who tam c set forth that he have seize the ship call the  constant in the port of London with its tackle good c as forfeit to the use of  his majesty and himself be import from foreign part when the ship in which  they be import be not belong to the people of great Britain as the true owner  and whereof the master and three four of the mariner be English nor of the  build of the country of which the good be the growth product or manufacture or  of the port where such good only can or be most usual first ship for  transportation and who master and three four of the mariner at least be of  that country or place whereby the ship and good be forfeit upon which a writ  of appraisement go out and on the d of October be return on this seizure Adam  Henry Schawrtz Samuel felman and Thomas Zuckerbecker merchant of Riga enter  their claim and after oyer of the information plead that the ship and good be  not import contrary to the form of the statute comens this issue come on to be  try on the that of November and the jury find a special verdict that scot who  sue who tam c be surveyor of the Act of navigation and seize this ship and  good on the that of August as not navigate accord to the Act that the say ship  set sail from Riga in Russian for the port of London with the good in the  information which be the product of that country that the ship be build in  Russian that harry Hagson be master who be bear out of the dominion of the  empress of Russian but in the year be admit a burgher of Riga and have ever  since continue so and have be resident there when not engage in foreign voyage  and trade from thence nine year before the seizure that there be only eleven  mariner on board of who four be bear in Russian that Morgan a five be bear in  Ireland and there bind apprentice to the master and as such go with he to Riga  and three or four year before the seizure serve on board the say ship and sail  therein from Riga in the present and former voyage that the other six mariner  be bear out of the dominion of Russian but Stephen hanson one of they have  reside at Riga eight year next before the seizure hans Yaspar five year reign  Steingrave four year and Derrick Andrews the cook seven year and these four  during those year have sail from Riga in that and other vessel that Riga be a  port where the good seize can only be or most usual be first ship for  transportation and if on the whole matter find the court think that the  importation of the comens er p good in the ship be so navigate be legal they  find for the claimant et si non c contra upon this special verdict Mr  solicitor general insist that the ship and good be forfeit by the statute car  c sec entitle a Act for the encourage and increase of ship and navigation  comens this Act be mean for the encouragement of the English ship and  navigation for that be intend in the title as appear by the preamble which say  for the encouragement of the navigation of this nation and the principal mean  to encourage it be by prohibit the importation or exportation of any good into  or out of his majesty dominion but in ship which be build or belong to his  dominion and whereof the master and three four of the mariner at least be  English the only clause in this Act under which the claimant can shelter  themselves be sec which say that no good of the growth production or  manufacture of Muscovy or of any country c to the great duke or emperor of  Muscovy or Russian belong as also that no mast timber board no foreign salt  pitch tar rosin hemp flax raisin fig prune olive oil no corn grain sugar  potash wine vinegar or spirit call aquavitae or brandy shall be import into  England c in ship but such as belong to the people thereof and whereof the  master and three four of the mariner at least be English and that no curran or  other commodity of the growth production or manufacture of any of the country  c to the Ottoman or Turkish empire belong shall be import in any ship but  which be of English build and navigation as aforesaid and in no other except  only such foreign ship as be of the build of that country or place of which  the say good be the growth product or manufacture or of such port where the  say good can only be or most usual be first ship for transportation and  whereof the master and three four of the mariner at least be of the say  country or place we do not insist but that the ship be Russian build that the  good be the growth of that country but what we rely on be that the ship be not  man as the Act require and this depend on two question first whether the  exception at the end of the clause extend to the whole clause or only to the  latter branch comens for if it extend not to the whole then it be plain that  the ship be not man as the clause require for it be requisite that the ship  though Russian build shall be man with a master and three four of the mariner  English which it be evident this be not second admit that the exception extend  to the whole the next question will be whether by what be find there appear  that the master and three four of the mariner be of that country first Mr  solicitor general urge and in the next term Mr hollings who then argue more  large that the exception relate only to the last branch of this section which  contain two distinct clause the first relate to good from Muscovy the second  to those from the Turkish dominion the first allow to be import in the ship of  the country whence the good be bring whereof the master and three four of the  mariner be English the other be allow only to be import when the ship as well  as the master and three four of the mariner be English except when both be of  the country whence the good come second the first clause allow good from  Muscovy in ship of Russian and only require the master and mariner to be  English the next clause require the ship as well as master and mariner to be  English it be most natural therefore that the exception which speak of both  shall relate to the same clause which mention both there be no occasion to say  with respect to good from Russian except the ship be of that country for that  be before provide for three if such construction shall be make the Russian  people will have large privilege than the English themselves for they may  import good in ship man either with their own or English mariner but the  English can import only in ship whereof the master and three four of the  mariner be English comens but suppose the exception extend to both part of  this section yet what be find by this verdict show that the ship constant be  not man accord to the intent of the Act of navigation for it be find that the  master and seven of the eleven mariner be bear out of the dominion of the  empress of Russian for what can be mean by they of that country but those who  be bear there comens er p the word be set in opposition to the word English  for the importation of good be prohibit but in ship English whereof the master  and three four of the mariner be English except it be in ship of the build of  that country of which the good be the growth product or manufacture whereof  the master and three four of the mariner be of that country or place now the  word English must be mean of the native of England or at least such as be  naturalize none else can be call englishmen a denizen indeed be a Englishman a  part post but all other be alien and if a alien continue in England at all  time after his birth he do not thereby become a denizen roll Abr all not bear  under the king allegiance naturalize or make denizen be alien and therefore  can come under the description of englishmen I deliver the opinion of the  court and say that upon this information it may be fit to consider the drift  and design of the Act of navigation which be intend as Mr solicitor general  observe to encourage and increase the ship and navigation of the English  nation the mean propose as actual for this end be that the importation of all  good from any of his majesty dominion in Asia Africa or America into England  Ireland Wales or Berwick and the exportation from any of those place into any  of his dominion in Asia Africa or America shall be in ship of the build of and  belong to some of those dominion whereof the master and three four of the  mariner at least be English sec comens and so likewise the carriage or removal  of they from one port or creek in England Ireland Wales Guernsey jersey or  Berwick to another sec that no good whatsoever shall be import into these  place of the king dominion in Europe from Asia Africa or America though not  under the king dominion but in such vessel and so man sec three that no good  shall be import in such vessel so man unless ship from the place of which the  good be the growth production or manufacture or in the port where they only  can be or most usual be ship for transportation sec by these method all  foreigner be exclude not only from the import or export of any good of the  growth or manufacture of Asia Africa or America into or out of England or  Ireland or the adjacent isle and from carry they from one port to another in  these kingdom or isle but be likewise restrain from bring they into any  European country for the use of the English since the English can not fetch  they thence which must necessary contribute great to the increase of the  English ship and seaman but as it be the policy of the legislator to prohibit  the importation of all good from Asia Africa and America for so in effect it  be unless bring in vessel of the kin S dominion whereof the master and three  four of the mariner be English be it their intention to prohibit all European  good likewise unless so import No sure that can not be convenient and  therefore a medium be find out for European commodity none shall be import  from the dominion of the emperor of Muscovy or Russian no mast timber board  salt pitch tar rosin hemp flax or potash which be great part of the traffic  from Denmark Sweden the baltic and Northern sea no raisin fig prune oil olive  corn grain sugar wine vinegar and spirit which comprehend the chief comens  trade in the Levant and other country of Europe shall be import unless in ship  belong to the people of that country whence the good be bring and of which the  master and three four of the mariner be English no curran or other good from  the Turkish dominion shall be import unless in ship English build navigate as  aforesaid but suppose they will not send these good in such manner shall they  not be import yes they may in ship of the build of that country whence the  good be in which the master and three four of the mariner be of that country  or place but then they shall pay alien duty sec this seem the plain intention  of the law to encourage the importer of these good to make use of English ship  and seaman but in case they have ship and man of their own country the  importation be not prohibit but they may use they pay alien duty so ling  stockfish pilchard or other dry or salt fish not catch in English comens er p  vessel codfish herring on and blubber from fish whalefins and whalebone cure  save or dry not by the people of England may be import pay double alien duty  now to bring what have be mention to the information two thing have be insist  on to support it first that the exception in the end of the eight section do  not extend to the good of that country second admit that it shall yet nothing  be find by this special verdict which show that the master and three four of  the mariner be of that country or place whence the good be bring as the Act  require as to the first it must be admit that if the exception sec do not  extend to the whole but be to be confine comens to the latter part of that  clause the navigation be not legal for though the ship constant be Russian  build and load with good of the growth or manufacture of Russian yet it appear  that the master and three four of the mariner be not English but on  consideration of what have be urge which be as much I think as can be urge on  that point I think the exception extend to the whole section it be a general  rule in construction that where restrictive word be find at the end of the  last sentence which be proper applicable to the several sentence precede they  shall extend to the whole I sand Gainsford and Griffith now this that section  contain the provision which the legislature think fit to make in relation to  the importation of European good it may be easy foresee that if we restrain  the import or export of good unless in our own ship and with our own seaman  other state may do the like and that in its consequence it will amount to a  prohibition of all such good which will prove inconvenient therefore they  allow the importation but upon these term that the good from Christian country  may be import in their own ship have the master and three four of the mariner  English those from Turkey by our English ship and mariner it be not likely  that the musselman who have a hatred to the Christian name shall like that  their ship shall be man by Christian nor be it safe or honourable in respect  of ourselves or our religion to permit our man to man their vessel and  therefore it be proper to prohibit the importation from thence but in English  vessel as well as with English mariner but it be probable that the Christian  as well as the mahometan country may be unwilling to suffer such importation  to we unless make with their own man as well as their own vessel and therefore  the exception be add that it may be do by all such foreign ship as be of the  build of that country or place of which the good be the growth production or  manufacture or where comens first ship for transportation and whereof the  master and three four of the mariner be of the say country or place the  exception be indefinite such foreign ship which have the force of a universal  and must relate to ship from Christian as well as infidel country and be equal  necessary for they unless it can be suppose that the legislature mean to  favour the Turkish more than the other state of Europe it be say indeed that  there be no need to repeat the word ship or vessel in this exceptive part of  the clause and therefore since Turkish good be not to be import but in English  ship and with English mariner by the latter branch of the section the  exception which speak both of ship and mariner ought to be confine to the  latter branch but this do not follow it be true that the other state of Europe  be allow before to import in their own ship with a English master and mariner  the Turkish not unless the ship too be English the exception therefore must  necessary mention ship as well as mariner of the country whence the good come  and though it be needless with respect to other European state yet it can not  be avoid if the same liberty be intend for both Turkish and Christian country  unless there have be a large tautology by repeat twice the same exception once  without the word ship and vessel and afterward with they but it be insist that  by this construction the importer of good from Muscovy will have more  privilege than the English themselves for these can import only comens er p in  English vessel and English seaman whereas they can use either such or vessel  of the country whence the good come this indeed be specious but if you  consider the drift and design of the law which be the increase of English  seaman and it be a sure mean to augment the number and skill of our mariner to  have they man foreign as well as their own country vessel in case care be take  to call they home when our own occasion require they comens but this  construction be make very plain by the next section sec where the good of  Muscovy and all mention in the sect as well as the Turkish commodity import in  other than such ship and so navigate as aforesaid be declare to be alien good  and liable to the same custom and duty second the next question then will be  whether by what be find it appear that this ship in the information be man as  the Act of navigation require and this depend upon the meaning of these word  whereof the master and three four of the mariner be of the say country or  place what be mean by the word whereof the master and three four of the  mariner be English seem to be explain by the Act itself in sect it be say No  alien bear unless naturalize or make denizen shall use the trade or employment  of a merchant or factor in any part of his majesty dominion in Asia Africa or  America so in sect it be say No person shall load on any bottom c of which any  stranger or stranger bear unless such as be denizen or naturalize be owner  partowners or master any good to carry from one port to another which import  that none can be look upon as English but such as be native naturalize or  denizen and it be certain that by the law of England all other be esteem alien  and be not entitle to all the same privilege and advantage which other  englishmen have and though a alien continue in England shall not become so  much as denizen though the continuance be ever so long as be hold in the case  cite roll Abr whence it be infer that the word those of other country be set  in opposition as it be to English ought to comens be native of that country or  at least what be tantamount yet it do not appear that any antithesis or direct  opposition be design by the expression use in the Act our law in relation to  alien be perhaps as Mr Spellman think original a branch of the feudal law  where none can hold land without be oblige to swear fealty to his lord which a  foreigner under the allegiance of another prince can not be suppose able to  perform in the case of Collingwood and pace vent hale Ch justice say the law  be the measure of the disability of alien and the only rule to determine how  far it extend so that we can reasonable argue from the authority in our law  concern alien as to the ability of person in other country and what shall  denominate they to be person of that country or not the method of denization  and naturalize use with we be not know in other country Ch just hale quote  terrien to show that they in France naturalize accord to the law of Normandy  vent but that be in a different manner from we where it can be do only by  parliament in Donats supply to the civil law vol title sec art it be say that  if foreigner desire to fix their habitation in France and enjoy the right and  liberty peculiar to the subject thereof the favour be grant by letter of  naturalize obtain from the king which be call so because those who obtain they  be repute by the effect of the say letter to be as naturalborn subject of  France but on the trial of this information it be prove by a witness who seem  acquaint with the dominion of Muscovy that no such thing as naturalize be know  or practice there the best method we can take to find out who the legislator  intend shall man foreign ship which import comens good hither may be to resort  to the Act itself and see what can be collect from thence now the sect which  speak of the importation of good from Muscovy and other European country say  they must be in ship that true and good fide belong to the people thereof and  by the conclusion it say the master and three four of the mariner must be of  that country that be they must be people of that country comens er p who shall  be say to be people of that country the Act do not direct determine but seem  to use the word in as large a sense as if it have say the inhabitant of that  country without any precise designation of native or not so sect which speak  of ling pilchard and other dry and salt fish usual fish for and catch by the  people of England Ireland and Wales must denote the inhabitant of those  kingdom general whether native or not so when it say codfish herring on and  blubber make of fish when import into England Ireland and Wales not be catch  by vessel belong thereunto and the fish cure save and dry or make by the  people thereof shall pay double alien custom it must mean the inhabitant  thereof general for it can be suppose that the legislature mean that if the  fish be cure and dry by inhabitant not native or the on or blubber make by  such that the importer shall be excuse from the double duty so where sect  speak that the Act shall not extend to fish catch save and cure b the people  of Scotland import from Scotland in Scotch vessel the master and three four of  the mariner be his majesty subject must it be inquire whether the fish be  catch by native of Scotland before it be know whether the ship and good be  forfeit or not the intent and design of the Act therefore seem to be that no  foreign ship shall import any of the good comens specify in this section if  they send for mariner from any foreign kingdom or state to man they but they  may be allow to import they if the master or three four of the mariner be  English or those who dwell in their own country it do not indeed precise fix  and determine who shall be say to be the people of a country but give it a  large extent and signification than what be mean by the native of a country  but the precise notation of it be leave to the general import and common  understanding of the word now by the civil law which be use in most part of  Christendom and may not improper be consider on this occasion it be say just  Inst lib title appellation poplar tree whole world fellow citizen to make  signs the word fellow citizen take in the strict sense extend only to he who  be entitle to the privilege of the city of which he be a member and in that  sense there be a distinction between a citizen and a inhabitant within the  same city for every inhabitant there be not a citizen fellow citizen indeed  origin manumission addition well adoption of child inhabitant yes residence  compose say cod title so dig dig lib title a title de verbor signification  inhabitant loci be who in aliquan region residence suum to put it be fit  therefore to consider how the matter stand as to the master and mariner in the  ship mention in the information first as to harry Hagson the master for if he  be not qualify the navigation be illegal it be find as to he that he in become  a burgher of Riga and have ever since continue so that for nine year he have  be resident there unless when he go in foreign voyage now I be of opinion that  he be sufficient qualify to man the ship comens it be true he be find to be  bear out of the empress of Russian dominion but he have be resident there nine  year and in be make a burgher of Riga now if his birth under the dominion of  Russian be not necessary there can scarce any thing be think more cogent to  denominate a man of that country for be a burgher there be must of course take  the oath of allegiance to the empress as it appear on the trial that he have  do although the evidence of it be not admit to be read it be only a  certificate of it without proper attestation he must therefore be a subject of  the empress which be all that be contend for on the last argument as needful  to denominate he of that country by the statute stat Henry c see a h a person  swear to a foreign prince be look upon as a stranger to his native country and  shall pay alien duty the great difficulty will be in regard to four other of  the mariner one of who be say to have reside at Riga eight year another seven  another six another only four year before the seizure and during these year to  have sail from Riga in this and other voyage now I be of opinion that these be  man of that country within the intent of comens er p the Act of navigation  first because the Act seem to intend by people of a country any who be settle  and fix inhabitant there and when it mention mariner of the say country or  place it still speak more lose and general and consequent a residence of four  six or eight year may well satisfy that expression second this seem to answer  the design of the Act which be not so much to create difficulty in other  country to find mariner among themselves as to prevent their comens supply  themselves with any mariner from other state but English three because by the  civil law such a residence give the country a right to their service who  origin ab city roma to have si elsewhere loco residence to put service he to  hold up to withhold dig title law so cod title si in native land wife thy well  where you will alian residence defixist incolat jure besides ten the same  community service obligasti privilegi not general community non to come  between yet origin ration ac residence will ad service civilian whoever it be  to call certissimum be fourthly the special verdict do not find that these  person have ever any residence or habitation since they be grow up in any  place out of the dominion of Russian it be find indeed that they be bear out  of the dominion of Russian but that they dwell or reside any where else so  long as they have do in Russian do not appear and what do not appear be not to  be intend it be find that they make several voyage from Russian but it do not  appear that they ever make any voyage from any other country whatsoever so  that they may be proper say to be mariner of Russian but there be no  foundation to say that they be ever mariner of any other country or place and  it be not inconsiderable which be a observation of baron wright that the Act  of navigation require only that foreign vessel be man by a master and three  four of the mariner who be of the same country it do not say by mariner bear  in that country or bring up there but mariner of that country which be a  denomination they must acquire long after their birth for they can not be bear  mariner and if they be of that country while they be mariner and never be  mariner of any other country it seem full to satisfy the word and intent of  the Act comens it be a usual distinction in most country and state to  distinguish between the inhabitant of the land and stranger in grease they  distinguish between their HoXtrat MFrOtKot and ZEVOt their citizen their  sojourner as the archbishop potter call they in his antiquity of grease book I  cap and stranger the MIETOWOL be bear in some foreign country and come to  settle in grease and be liable to pay tribute and perform some duty but be not  capable of bear office or of intermeddle with the affair of government so the  civil law distinguish between originarii and inhabitant and those who have not  a fix abode but be stranger there cum nor originate nor inhabitant thou be  remember ob solan house well possession causan public officer law authority  service subjugar thou non sinet cod title so in our law the like distinction  be make between settle inhabitant of any parish and place and those who be not  so Inst but it be insist that they ought to be subject at least to the empress  of Russian how do ib appear that they be not so it be not find they be not or  that they be subject to any other prince upon the trial it appear that they be  swedes by birth but whether bear in that part of Sweden which come under the  dominion of the czar or elsewhere be not found if conquer by the late czar  they be since become his subject Gro de jure b p lib cup but if the law of  Russian be not contrary in this respect to we by their be resident there they  owe a local allegiance in Courteens Poph S c a case which be a information  against several dutchmen for transport money it be say by Hobart that they be  subject and owe allegiance to the king and if they commit high treason the  indictment must say content a house suum though not physical scientist a house  contra debit ligeantiae hob so in   b calvin case and this be agree and that  in all indictment for comens high treason the omission of content ligeantiae  of oneself debit be error which be afterward affirm in the house of lord king  and queen versus Tucker ld raym I skin Mod holt salk lev Carth comb S c a Mod  show p c comens er p but it be urge that by this construction the Act may be  elude foreigner may stay a day or two and then man their vessel for if  residence for two or three year will suffice why not for two or three week or  two or three day where will you stop but no such consequence can be draw from  what be say for if that be special find it may alter the case that will be a  artifice or fraud to evade the Act but nothing of this nature be find which in  a penal Act must be or it can be intend by the civil law a bare habitation do  not entitle any to have the law incolat it must be where a man residence to  put where larem summamq a thing to have unde si to go apart peregrinar incipit  cum return peregrinar to leave off and such not liable to charge or office ut  inhabitant ad service subeund well homores capessandos non to bind on cod  title by the commonlaw habitation for a year and a day be requisite to make a  person settle there but upon the whole it will be almost impracticable and  make commerce very hazardous if every merchant be to search out the nativity  of every mariner who he employ and in case of mistake or misinformation be to  forfeit his ship and cargo and as no such construction appear hitherto to have  be make of this Act since the pass of it the court give judgement for the  defendant