be managed for one third part of the proceed of prizes, and the other two thirds may be applied to the chest at Chatham, and given to the captor and his crew, as is before hinted.

2. Their majesties and the lord admiral's rights and perquisites, in time of peace, as well as war, would be preserved; whereas, at present, no manner of care is taken thereof, notwithstanding that they are many times of a considerable value.

3. The customs of goods shipwrecked, as well as the lord admi ral's due, will be better preserved, and their majesties will not be so easily defrauded thereof, by people that steal such goods, or by inferior officers conniving at, or combining with them; not only be cause the vice-admirals, who have the care thereof, are usually noblemen, or gentlemen of the best qualities and estates, and so have great authority and power, in their several countries; but also, because the vice-admiral or his officer, and the customer, will each of them be obliged to set a lock on the salved goods, and one will be a check upon the other.

4. Where merchants are in distress at sea, near the shore, or run a-ground, the officers of the vice-admirals would be ready to assist, knowing, that they shall be recompensed according to their pains, and punished, if they refuse: Whereas, at present, the country people make a prey of those miserable merchants, and will afford no manner of assistance, but rather contrive all they can, that the ship may be cast away; nay, many times, are so barbarous to kill or drown people making escape to land, that thereby they might have a pretence to a wreck.

5. When ships or goods are cast away, and any part thereof driven on shore, the vice-admirals would take care to keep off the rabble, and secure all for their true proprietors, upon moderate salvage, whereas, at present, every one taketh away what he can get, and no remedy.

6. If the vice-admirals, or their officers, happened not to be present at the time, when any ship was cast away, or goods driven on shore, they would, as they did usually in that case heretofore, issue out commissions of enquiry, or procure such commissions from the high court of admiralty, and summon what persons they pleased be fore them, and so examine by maritime evidence, and make imme diate restitution of all that was saved to the owners, upon such salvage as was meet, and punish all the offenders that stole away, or embezzled the said goods; whereas, that jurisdiction being now interrupted, there is no relief for the sufferers, but by way of trover, trespass, or other actions at common law, which must be brought separately against the several parties offending. The multiplicity of such suits will, in the end, but add to their affliction, in spending their time and money; for many times, at the last, when they have staid half a year or more for the assizes, and those things are brought on to a trial, it so happens, that the witnesses (whose whole liveli hood consists in trade, and being on board ships) are gone to sea; and so evidence cannot be brought, viva voce, to prove the interest in the goods, as those ways of action require.

and about the ship, being in absolute necessity, and, without which, she could not proceed, whereby the voyage is performed. And, if the admiralty-jurisdiction be obstructed in this, a necessary expe. dient of navigation would be lost, and our ships, when driven into foreign parts, must lie there, till the master can send home, and proc re money to be remitted to him; whereas the ship, with other nations, is the standing credit in such cases of necessity.

4. Contracts, made beyond sea concerning maritime affairs, may more conveniently be tried in the admiralty than at the common law, because the witnesses cannot often times attend at the trial, as the course of that law requires; but, in the admiralty, they may be, at any time, taken in writing, or, if there be occasion, examined by commission in foreign parts.

Contracts beyond sea are made by the rules of the maritime laws, and by persons experienced therein, and, therefore, foreigners have reason to expect to be tried by the same laws here, as well as in their own country: For, if the validity of such contracts should be tried by the common law, which differs from the rules of the maritime laws, the contract, that was as well and firmly made by them as was possible, may, in the end, have no effect and force.

5. If damages happen by ill stowage, or insufficiency of the ship, or by reason of storms, or the like, there are known laws whereby the admiralty-court uses to proceed.

If damage be done by one ship running against another at sea, or in navigable rivers, or by anchors for want of buoys, or the like, the utmost remedy, that the common law gives, is against the master and mariners, which are, for the most part, insolvent, unknown, or absent: In all which cases, the laws used in the admiralty give re medy against the ship.

In case of the loss of a ship before it comes to the port of delivery, by the maritime laws, the mariners shall receive wages, and the own. ers freight to the last port of delivery, and no farther; but, by the common law, for so long as they have served, loss or not loss, they may recover: Likewise in case of average, or casting goods over, board in a storm, the master, mariners, and owners shall bear their proportion of the loss; which things, although they are very just and equitable, and great obligations to use care and diligence, yet are unknown, and not observed in proceedings at common law.

If he

6. If the mariner knows he must sue for his wages in the admi ralty, and not at the common law, he will be thereby obliged to more diligence and obedience: for, if he be mutinous, disobedient, or desert the ship, he makes a total forfeiture of all his wages. purloin, or embezzle any of the goods, or be faulty in the due stowage thereof, or damage happens for want of pumping, or through his default, his wages will be liable to a proportionable satisfaction; whereas, at common law, the mariner will recover his wages for so long time as he has served, and leave the commander, or owner of the ship or goods, to seek his satisfaction for the damages aforesaid; and this may also be done by letter of attorney, and so there is no remedy, which is a great discouragement to foreigners to lade their

goods on English vessels: And, as the mariner is punished, if he be faulty, so he has an easy relief in the admiralty, if he doth his duty.

The necessity of a mariner's condition requires a quick dispatch, which is accordingly provided for by the court of admiralty, kept weekly in the vacations, as well as in the terms; and although forty mariners may be included in one action, yet the whole may be de termined in a week's time; whereas, at the common law, every mariner must bring his several action, to the great charge of the several defendants, as well as themselves, and must all attend till the term or assizes for a trial, and, perhaps, at last want evidence, when in the admiralty he can have the oath of the contractor for discovering the contract, which is usually private, and not to be proved by wit. nesses. Besides, by the course of common law, the remedy for the mariner is only against the contractor, who may not be found, or else insolvent; but, in case he be found, and solvent, there is another in, convenience on the other side, for the contractor will be forced to pay the whole wages, and yet many times cannot recover the shares that are due from his part-owners, without a Chancery suit; whereas, in the admiralty, the mariner may have relief against the ship or freight that is due, and the whole difference be determined at once.

7. There is so necessary a relation betwixt freight and wages, that it will be very inconvenient to try them in separate judicatures; because,

1. Usually the wages are paid out of the freight.

2. There are divers cases, wherein mariners wages are to be abated, in respect of an abatement of freight; as, in case of loss, or spoiling the merchants goods.

3. If the master and owner are sued in the admiralty for wages, and forced to sue at common law for freight, out of which they should pay such wages, perhaps a judgment may pass against them imme diately upon a summary hearing in the admiralty, and yet they shall not be able to recover their freight in three months time, or longer, at the common law.

4. There is necessity, in many cases, to depart from the letter of the charter-party; otherwise the merchant, master, and owner may be ruined: This the maritime laws and court of admiralty do permit, which the common law doth not. For instance:

A contract is made for six months, payable monthly by the charter, party; yet, if within the time the ship be embargoed, no freight shall be paid for that time. Likewise, if the goods perish, before a port be made, there is no freight or wages to be paid. 5. The freight of one voyage is the supply of another, and therefore requires a very quick dispatch for the advancement of trade and navigation, which is settled by the course of admiralty, and cannot be by the course of common law.

6. The freighter may be upon, or beyond the sea, and cannot be arrested, or may be insolvent, whereby the master and the owner of the ship is remediless at the common law; but, by the maritime law, the goods may be arrested, and, upon default, condemned for the

payment of the freight; and this is the great security of the master and owner.

7. If freight must be sued for at common law, the master and owners of the ship may sue for the same by letter of attorney, and the freight shall not be stopped for damage done to the goods, or embezzlements: For the course of common law is not to stop by way of compensation, but a verdict passes for the freight upon the charter-party, according to agreement, and so the owner of the goods is defeated of his satisfaction, according to the maritime law for damage or embezzlements, besides the inconveniency of multi plying actions; whereas the whole may be more properly decided by one and the same action in the admiralty, and many times is done upon a summary hearing, in a week or fortnight's time; by which means the great expence of money and time, two of the most necessary supplies of trade, is prevented.

8. Misdemeanors and nuisances in navigable rivers were formerly, and may again, with great conveniency, be settled under the ad. miralty-jurisdiction. The common law doth not, and, if the admiralty should not intermeddle, there will be a failure of justice in those

cases.

A merchant lives beyond sea, or cannot be found, but has a ship come into a port, or navigable river, or, it may be, has goods on board, and owes some of their majesties subjects money. One of these arresteth the ship or goods by an admiralty-warrant, and there. upon bail is given to the action: Is it not reasonable, that their majesties subjects should proceed to sentence, and have the benefit of the law of nations? Shall a prohibition be sent, to stop proceedings, when the common law can give him no remedy? Or, that one of their majesties courts should hinder the other, when they can give no manner of relief themselves? This is certainly to be redressed, if trade is to be encouraged, since it preserves foreigners and fugitives from paying their just debts, by reason that their persons cannot be apprehended.

If these matters may be thought fit to be resettled in the admiralty. court, it is humbly desired, that leave may be obtained for bringing a bill into parliament for that end, so that it may be positively determined what causes shall belong to that jurisdiction; for the old statutes that restrain it, as they have in the late reigns been put in execution, are the terror of merchants, owners, material men, and others that live by sea-trade, insomuch that they dare not think of suing in the admiralty for their just damages and debts contracted by maritime employments, but are forced contentedly to sit down with such their losses, for fear of being sued at the common law upon the action of double damages; which is very hard, when thereby they are not only deprived of the best relief, but, in many of the foregoing cases, have no ways to begin an action at common law.

This jurisdiction has been several the king in council, in the year 1632, ed, it was in the late times thought

times settled, particularly by after which it being interrupt. necessary to be resettled by

goods on English vessels: And, as the mariner is punished, if he be faulty, so he has an easy relief in the admiralty, if he doth his duty.

The necessity of a mariner's condition requires a quick dispatch, which is accordingly provided for by the court of admiralty, kept weekly in the vacations, as well as in the terms; and although forty mariners may be included in one action, yet the whole may be de termined in a week's time; whereas, at the common law, every mariner must bring his several action, to the great charge of the several defendants, as well as themselves, and must all attend till the term or assizes for a trial, and, perhaps, at last want evidence, when in the admiralty he can have the oath of the contractor for discovering the contract, which is usually private, and not to be proved by wit nesses. Besides, by the course of common law, the remedy for the mariner is only against the contractor, who may not be found, or else insolvent; but, in case he be found, and solvent, there is another in convenience on the other side, for the contractor will be forced to pay the whole wages, and yet many times cannot recover the shares that are due from his part-owners, without a Chancery suit; whereas, in the admiralty, the mariner may have relief against the ship or freight that is due, and the whole difference be determined at once.

7. There is so necessary a relation betwixt freight and wages, that it will be very inconvenient to try them in separate judicatures; because,

1. Usually the wages are paid out of the freight.

2. There are divers cases, wherein mariners wages are to be abated, in respect of an abatement of freight; as, in case of loss, or spoiling the merchants goods.

3. If the master and owner are sued in the admiralty for wages, and forced to sue at common law for freight, out of which they should pay such wages, perhaps a judgment may pass against them imme diately upon a summary hearing in the admiralty, and yet they shall not be able to recover their freight in three months time, or longer, at the common law.

4. There is necessity, in many cases, to depart from the letter of the charter-party; otherwise the merchant, master, and owner may be ruined: This the maritime laws and court of admiralty do permit, which the common law doth not. For instance:

A contract is made for six months, payable monthly by the charter. party; yet, if within the time the ship be embargoed, no freight shall be paid for that time. Likewise, if the goods perish, before a port be made, there is no freight or wages to be paid. 5. The freight of one voyage is the supply of another, and there fore requires a very quick dispatch for the advancement of trade and navigation, which is settled by the course of admiralty, and cannot be by the course of common law.

6. The freighter may be upon, or beyond the sea, and cannot be arrested, or may be insolvent, whereby the master and the owner of the ship is remediless at the common law; but, by the maritime law, the goods may be arrested, and, upon default, condemned for the