“The Ship Dieth at Sea”: Metaphor and Maritime Law

Abstract

This article proposes a new methodology for engaging with early modern legal metaphor. It argues that a full account of the trope must integrate its legal-historical, cultural, literary, and philosophical dimensions. After discussing what makes early modern legal metaphor unique (and thus uniquely challenging to decipher), I consider various philosophical, legal, cognitive, and literary approaches to the rhetorical figure and demonstrate how each perspective adds additional insight to its untangling in juridical contexts. The article culminates in a reading of a single metaphor taken from lawyer John Exton's treatise “The maritime dicæologie, or, the Sea-jurisdiction of England” (1664): “The ship dieth at sea.” Ultimately, I argue that this metaphor references admiralty actions in rem, which were integral to the functioning of the sixteenth- and seventeenth-century English High Court of Admiralty, an interpretation that emerges only when accounting for the trope in both its textual and intertextual frameworks.