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concerning prohibitions arising between his majesty's courts at West. minster, 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 pre.
And the transcript thereof ordered to be entered into the register of council-causes; And the original to remain in the council. chest.
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; 80 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, amende 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 admirai may inquire of, and redress all annoyances 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.
Henry Marten, George Vernon, George Croke, William Noye. Humphy Davenport, James Weston,
Examinat. T. MEAUTYS,
At Whitehall, the twenty-second of February, 1632.
Lord Viscount Falkland,
Mr. Treasurer, Lord Chamberlain,
Mr. Secretary Coke,
It 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.
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 charter. parties, 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, statute, or usage to the contrary heretofore made, in any wise, note 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 ac. commodating 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 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, com. merce 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 mat. ter of this universal concernment, will not be pleased, upon the pe. rusal 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.
And your petitioners shall ever pray. William Batten,
William Wilde, Tho. Gates,
James Modyford, Joshua Waters,
Richard Lant, Thomas Bludworth, Daniel Gates, James St. Hill,
William Wood, David Skinner,
that was dear or acceptable unto them, lay apparently at stake: For, which, I pray, do they account the more advantageous ? Whether their properties to be infringed, their religion violated, their laws subverted, their estates confiscated, and they, with their wives, chil. dren, and relations, to be exposed to the fiery trial ? Or to be sea. sonably freed from these amazing terrors, ready to overwhelm them in a full career, when they received a signal and miraculous, as well as a gracious deliverance, and that as much above their hopes, as it has since appeared to be beyond their desert ?
What would not every honest man, or good Christian, have given, at that time, to have had that security under his own vine, and under his own fig-tree, the liberty of his religion, the full enjoyment of his pro. perty, and an equal and just administration of the laws, which he enjoys under the benign influence and protection of the present go. vernment? And then, with what face can he deny to contribute his respective share and proportion, not only to the assuring of his own particular right, but also that of the general interest, together with what is infinitely preferable to either, the Protestant religion in the three kingdoms?
All this, and much more, which might be offered, and insisted upon (were not prolixity improper in a preface, especially to so small a dis. course, as is that of the following letter) seems exceeding reasonable upon the former hypothesis, if taxes were really a burden and oppression to the nation ; which the following sheets do abundantly evince that they are not, by shewing, that they are so far from being a diminution of, that they really add to the trade and riches of a state.
This the author has fully proved, from the opulent condition of those countries where taxes are most numerous; and, after several copious parallel instances, derived from foreign monarchies and re. publicks, shewing their great advancement by taxes and frequent levies upon the subject, he undertakes to demonstrate the practica. bleness, as well as equal advantage of the same to these kingdoms. This I thought to be of such seasonable and publick importance, in reference to the present state of affairs, as well in order to the recti. fying the aforementioned general prejudice and mistake, as to the silencing of all intemperate and unreasonable murmurers against the proceedings of the grand council of the nation, in the methods taken for a supply of the naval and land.forces, that I thought fit to usher it into publick view, as considering that, if these men, who most in. veigh against taxes, could be brought to believe, that they naturally tend to the advantage and interest of the state, and do really conduce to the inriching and improvement of it, they must needs cease from their seditious clamours against, and satyrical reflexions upon the go. vernment, in this respect: And that this would not be the sole advan. tage which would accrue from the clearing up of this mistake, but that all honest and good men will join more cordially than ever in their unanimous and chearful contributions to its support, when they are made sensible, that not only the common duty of subjects (that indispensable obligation of a perpetual gratitude, which they owe to