The include directive is not, in nature, position dependent. It is in fact used to place partial content in a page wherever required.
But you must note that the partial content must be properly justified, i.e. You must know what comes before the directive and what comes after and based on that
you should consider the positioning.
However if you do include some elements in the included page which when translated result in improper
Servlet format then it is but obvious that will result in errors.
Try with plain HTML and then include this HTML page in a JSP page with the include directive. It wont matter then where it is placed!