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of his majesty's said courts at Westminster, as by his judge of the admiralty, and his attorneygeneral, should be withdrawn, and superseded; whereof the judges of the said courts, from whence such prohibitions have issued, are hereby prayed and required to take knowledge, and to give order therein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 inconveniences daily to arise, in relation both to the trade of this king. dom, 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, concerning 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 bless. ed 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 annexed. 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 understand. ing 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 prohi bited or interrupted; By which encouragement, and for that as well 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 consent 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 admiralty, without being prohibited, or obstructed, the building of ships will be discouraged, the material-men will not trust upon 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, peaceable, 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 royal 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, John Lainbery, And your petitioners shall ever pray. William Wilde, Edward Jonson, Daniel Gates, James St. Hill, Thomas Harman, Philip Paine, John Casse, William Wood, Joshua Waters, Richard Wescomb, TAXES NO CHARGE: IN A LETTER FROM A GENTLEMAN TO A SHEWING THE NATURE, USE, AND BENEFIT, OF TAXES IN THIS KINGDOM, AND COMPARED WITH THE IMPOSITIONS GF FOREIGN STATES; TOGETHER WITH THEIR IMPROVEMENT OF TRADE IN TIME OF WAR. Licensed, Nov. 11, 1689. London, printed for R. Chiswell, at the The PREFACE to the READER. UPON the receipt of the following letter, concerning the nature of taxes, and levying of money upon the subject, I immediately resolved to commit it to the press, as conceiving that it might be instrumental towards the removal of that popular argument, which the malecontents of the age are so industrious to instil into the minds of the common sort, viz. That frequent taxes are an insupportable grievance and oppression to the nation; and this by so much they the more successfully propagate, by how much it is a received opinion among the populace, and such as, either for want of parts, or not accustomed to serious reflexions, have not thoroughly considered this affair: Whence it comes to pass, that this vulgar error has obtained so general a consent and approbation, that it needs not to be much inculcated. This the disaffected party to the present government are sufficiently sensible of, and therefore are not unactive in the esta blishment of an untruth, which has the advantage of making a deep impression upon such, whose biassed and prejudicate sentiments ren der them fit objects of their design. Sed dato, & non concesso, but supposing, and not granting, that taxes were really a burden to the nation, yet, if it be true, that e malis minimum, of two evils the least is to be chosen, it will thence follow, that it is better for the kingdom to have purchased its redemption from popery and arbitrary power, though at the price of some part of the estates and fortunes of the subject, rather than to have lost all at one throw by a tyranni. cal invasion upon their religion, laws, and liberties. I presume, that even some of those busy agents, who sow these seeds of discord and division among us, would have been content to have bought their safety almost at any rate, whilst the storm was imminent; and, now that it is happily blown over, and nothing appears at present, but a serene sky and fair weather, why should they either endeavour a reduction both of themselves and others to their former danger (to which their turbulent devices do immediately tend) or strive to create unreasonable dissatisfactions against so just an expedient, as each one's discharging a few pence for an insurance of the publick peace, and quiet settlement of the nation? It is, surely, very unaccountable, that those men, who discovered so great an alacrity and forwardness in opposing of popish tyranny and arbitrary power, should now endeavour to inslave us under the same uneasy yoke, but with this additional aggravation to our former servitude, that, whereas we were then allowed some, we must now make brick without straw. This seems so wild a notion of obedience (the result of the passive doctrine) and that the chief wheel in that unaccountable engine of absolute sovereignty, as is destructive of all government, inasmuch as it is utterly irreconcileable with the preser vation and common interest of human society. But these murmuring, seditious spirits, after shamefully retracting from their early officious. ness, in their encouragement of the late expedition of the then Prince of Orange, are not content with a complete enjoyment of their properties, under the even steerage of this great and skilful pilot, who so justly manages the helm of the present government, as not to invade the rights of any man; nor yet to retain their particular sentiments within their own breasts, but they must needs vent and divulge them to others, by which they become the publick incendiaries of the na tion. But, as I cannot enough admire both the folly and ingratitude of these men, who strive to disseminate so poisonous a contagion; so have I not room left for wonder and surprise, to observe divers innocent, well-meaning persons so unwarily catched and infected by it, when, not many months ago, their lives, religion, liberties, all VOL. IX. I i |