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 multiplying 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 times settled, particularly by the king in council, in the year 1632, after which it being interrupt. ed, it was in the late times thought necessary to be resettled by

the people here, as foreigners, had speedy justice in the admiralty, by one common rule, well known to them all, more ships were build. ed, freighted, set out to sea, more voyages and returns made, commerce flourished, the wealth of the kingdom increased, and his late majesty's customs and revenues were advanced.

But forasmuch as there have been of late obstructions arisen by the grant of prohibitions, in causes of charter-parties, repairing and building of ships, mariners wages, and other the causes and cases so settled as aforesaid, by his late majesty and the board, with the con sent and agreement of all the then judges; your petitioners do sen. sibly perceive, that unless, by the piety and wisdom of your majesty, your majesty's court of admiralty be established in its jurisdiction, that it may minister due justice, in all these and other cases of admi. ralty, without being prohibited, or obstructed, the building of ships will be discouraged, the material-men will not trust npon the credit of the ship, fewer voyages to sea and returns from thence will be made, trade and a right understanding abroad, especially since all such causes and matters are abroad referred to the admiralty, will decrease, and your majesty's customs be lessened,and ship-masters, and seamen, as well as merchants be damaged, and much more inconveniences ensue also.

The petitioners, who do heartily, upon their bended knees, bless God for your majesty's most happy and glorious restoration to your crowns and kingdoms, and do humbly and devotedly pray, that the same may flourish, and that your majesty may enjoy a long, peace. able, and prosperous reign, do humbly submit it to your majesty's most wise and prudent consideration, whether your majesty, in a matter of this universal concernment, will not be pleased, upon the perusal of the said order annexed, to tread in your majesty's most roy. al father's steps, and to call your majesty's judges, or such others as your majesty shall hold requisite to be present, at your majesty's council-board, and cause the said former order to be renewed and confirmed, and to be inviolably observed, that your majesty will in your own great wisdom do therein, for the good of your kingdoms, commerce, shipping, and navigation, as to your majesty shall seem requisite.

William Batten,
William Penn,
William Rider,
Nicholas Harlestone,
Lawrence Moyer,
Brian Harrison,
Edward Jonson,
Daniel Gates,

John Lainbery,
Thomas White,

And your petitioners shall ever pray.
Tho. Gates,

William Wilde,
James Modyford,
Robert Lant,
Gregory Wescomb,
William Wescomb,
Nicholas Warren,
Richard Lant,
James St. Hill,
John Marshal,

John Harbin,
Philip Paine,

Thomas Harman,

John Casse,

William Wood,

John Prowd,

Nicholas Bradley,

John Swanley,

William Green,

Joshua Waters,
William Clarke,

Robert Wood,
George Percy,
John Frederick,
Thomas Bludworth,
Thomas Brodrick,
John Bull,

Richard Wescomb,
John Mascal,
David Skinner,
Thomas Andrews,
John Lemkuele,

concerning prohibitions arising between his majesty's courts at Westminster, and his court of admiralty, were fully debated, and resolved by the board. And were then likewise, upon reading the same, as well before the judges of his highness's said courts at Westminster, as before the judge of his said court of admiralty, and his attorneygeneral, agreed unto, and subsigned by them all in his majesty's presence. And the transcript thereof ordered to be entered into the register of council-causes; And the original to remain in the councilchest.

1. If suit shall be commenced in the court of admiralty, upon contracts made, or other things personally done beyond the sea, or upon the sea, no prohibition is to be awarded.

2. If suit be before the admiral for freight or mariners wages, or for the breach of charter-parties, for voyages to be made beyond the sea, though the charter-parties happen to be made within the realm, and although the money be payable within the realm, so as the penalty be not demanded, a prohibition is not to be granted. But if suits be for the penalty, or if the question be made, whether the charter-party were made or not, or whether the plaintiff did release, or otherwise discharge the same within the realm? That is to be tried in the king's court at Westminster, and not in the king's court of the admiralty; so that first it be denied upon oath, that a charter-party was made, or a denial upon an oath, tendered.

3. If suit shall be in the court of admiralty, for building, amend ing, saving, or necessary victualling of a ship against the ship itself, and not against any party by name, but such as for his interest makes himself a party, no prohibition is to be granted, though this be done within the realm.

4. Likewise the admira. may inquire of, and redress all annoy. ances and obstructions in all navigable rivers, beneath the first bridges that are any impediments to navigation, or passage to, or from the sea; and also try personal contracts, and injuries done there, which concern navigation upon the sea; And no prohibition is to be granted in such cases.

5. If any be imprisoned, and upon Habeas Corpus, if any of these be the cause of the imprisonment, and that be so certified, the party shall be remanded.

At Whitehall, the twenty-second of February, 1632.

Ir was this day thought fit and ordered, that such prohibitions as have been sent into the admiralty-court, from any of his majesty's courts at Westminster, falling under the rules contained in the articles agreed on, and signed in his majesty's presence, the eighteenth of this instant, as well by all the judges of his majesty's said courts at Westminster, as by his judge of the admiralty, and his attorneygeneral, should be withdrawn, and superseded; whereof the judges of the said courts, from whence such prohibitions have issued, are hereby prayed and required to take knowledge, and to give order therein accordingly.

Examinat. MEAUTYS.

The Jurisdiction of the Court of Admiralty settled.

THE lords and commons assembled in parliament, finding many in. conveniences daily to arise, in relation both to the trade of this kingdom, and to the commerce with foreign parts, through the uncertainty of jurisdiction, in the trial of maritime causes, do ordain, and be it ordained, by authority of parliament, that the court of admiralty shall have cognisance and jurisdiction against the ship or vessel, with the tackle, apparel, and furniture thereof, in all causes, which concern the repairing, victualling, and furnishing provisions, for the setting of such ships or vessels to sea, and in all cases of bottomry; and likewise, in all cases of contracts made beyond the seas, con cerning shipping or navigation, or damages happening thereon, or arising at sea in any voyage; and likewise, in all cases of charterparties, or contracts for freight, bills of lading, mariners wages, or damages on goods laden on board ships, or other damages done by one ship or vessel to another, or by anchors, or want of laying of buoys; except, always, that the said court of admiralty shall not hold pleas, or admit actions upon any bills of exchange, or accounts be twixt merchant and merchant, or their factors.

And be it ordained, that, in all and every the matters aforesaid, the said admiralty-court shall and may proceed, and take recognisances in due form, and hear, examine, and finally end, decree, sentence, and determine the same, according to the laws and customs of the sea, and put the same decrees and sentences in execution, without any let, trouble or impeachment whatsoever, any law,

statute, or usage to the contrary heretofore made, in any wise, not. withstanding; saving always, and reserving to all and every person and persons, that shall find or think themselves aggrieved by any sentence definitive or decree, having the force of a definitive sentence, or importing a damage not to be repaired in the definitive sentence, given or interposed in the court of admiralty, in all or any of the cases aforesaid, their right of appeal, in such form as hath heretofore been used, from such decrees or sentences in the said court of admi. ralty.

TO THE KING'S MOST EXCELLENT MAJESTY.

The humble Petition of several Merchants, Owners, and Masters of Ships, Victuallers, and Material-men, belonging to the City and Port of London.

Sheweth,

THAT it has been anciently the wisdom of the kings of England, your majesty's most royal progenitors, so to provide for the wealth and good of commerce, and navigation, as to give it all encouragement, and to remove all obstructions from it, your wealth, happiness, and honour much consisting in it.

And more particularly, your majesty's most royal father of blessed memory, in the year 1632, taking notice of some differences, con cerning prohibitions then arisen, betwixt his majesty's then courts at Westminster, and his majesty's court of admiralty, was graciously pleased to hear them himself in full council, and upon full debate thereof had, the eighteenth of February, 1632, propositions for accommodating thereof were by his majesty and the board resolved upon, and upon reading thereof, as well before the judges of his ma. jesty's court at Westminster-hall, as before the judge of his highness's said court of admiralty, and his attorney-general, agreed unto, and subsigned by them all, in his majesty's presence, and entered in the council-book, and the original to remain in the council-chest, a copy of which order, agreement, and propositions is hereunto an nexed.

That the same order, so made by your majesties said royal father, and the board, and agreed unto, and subscribed by all the then jud. ges of England, did very much tend to the advancement of the navi gation and commerce of this nation, to the encouragement both of the merchants and seamen, to the credit of shipping, with the material. men, to the furtherance of ship-masters, and building of ships, the wooden walls of the kingdom, and to the keeping a right understanding abroad; for that the foreign contracts made beyond the sea, and the matter of charter-parties for voyages, all ship-building, repairing, victualling of ships, mariners wages, and other matters of mere admi. ralty, did from thenceforth proceed in their due course in the said court of admiralty, by the rule of the civil and maritime laws, well known abroad as well as here, and that without either being probibited or interrupted: By which encouragement, and for that as well