Selected quad for the lemma: master_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
master_n	abate_v	case_n	wage_n	17	3	11.1154	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43232	Reasons for setling [sic] admiralty-jurisdiction, and giving encouragement to merchants, owners, commanders, masters of ships, material-men and mariners humbly offered to the consideration of His Majesty, and the two Houses of Parliament.	Hedges, Charles, Sir, 1649 or 50-1714.	1690 (1690)	Wing H1350; ESTC R12142	14,738	23

all which Cases the Laws used in the Admiralty give remedy 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 Owners 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 altho 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 6. Mariners Wages If the Mariner knows he must Sue for his Wages in the Admiralty and not at the Common Law he will be thereby obliged to more Diligence and Obedience For if he be Mutinous Disobedient or Deserts the Ship he makes a total Forfeiture of all his Wages If he purloyns or embezels 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 lyable 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 Attorny 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 altho Forty Mariners may be included in one Action yet the whole may be Determined in a Weeks 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 Tryal 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 Witnesses 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 inconvenience 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. Freight and Charter-Parties 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 be 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 immediately 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 a 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 course of Admiralty doth 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 Frieght 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 setled 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 maybe 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 stop'd for damage done to the Goods or embezelments 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 embezelments 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 Fortnights time by which means the great expence of Mony and Time two of the most necessary supplies of Trade is prevented 8. Misdemeanours and Nusances in navigable Rivers Misdemeanours and Nusances in navigable Rivers did formerly and may again with great conveniency be setled under the Admiralty 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 Foreigners debts 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 Mony one of these Arresteth the Ship or Goods by an Admiralty-Warrant and thereupon 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 be to be incouraged 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 resetled in the Admiralty Court it is humbly desired That leave may be obtained for bringing a Bill into Parliament for that end so

Foreign Parts through the uncertainty of Jurisdiction in the Trial of Maritime Causes do Ordain And be it Ordained by Anthority of Parliament That the Court of Admiralty shall have Cognizance and Jurisdiction against the Ship or Vessel with the Tackle Apparel and Furniture thereof in all Causes which concern the Repairing Victualing 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 Shiping or Navigation or Damages hapning 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 betwixt 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 Recognizances 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 notwithstanding saving always and reserving to all and every Person and Persons that shall find or think themselves agrieved 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 Admiralty TO THE King's Most Excellent Majesty A Copy of the Petition to K C. II mentioned p. 13. 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 Majesties 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 Majesties most Royal Father of blessed memory in the year 1632. taking notice of some differences concerning Prohibitions then arisen betwixt his Majesties then Courts at Westminster and his Majesties Court of Admiralty was graciously pleas'd to hear them Himself in full Council and upon full Debate thereof had the 18th 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 Majesties 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 Majesties presence and entred in the Council Book and the Orig'nal to remain in the Council-Chest a Copy of which Order Agreement and Propositions is hereunto annexed † See the Order above P. 15. That the same Order so made by your Majesties said Royal Father and the Board and agreed unto and subscribed by all the then Judges of England did very much tend to the Advancement of the Navigation 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-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 meer Admiralty did from thence forth 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 Prohibited 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 Builded Freighted set out to Sea more Voyages and Returns made Commerce flourished the Wealth of the Kingdom encreased and his late Majesties Customs and Revenues were advanced But for as much 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 setled as aforesaid by his late Majesty and the Board with the consent and agreement of all the then Judges Your Petitioners do sensibly perceive that unless by the Piety and Wisdom of your Majesty your Majesties 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 endamaged and much more Inconveniences ensue also The Petitioners who do heartily upon their bended Knees bless God for your Majesties most Happy and Glorious Restauration 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 Majesties most Wise and Prudent consideration whether your Majesty in a matter of this Vniversal Concernment will not be pleased upon the perusal of the said Order annexed to tread in your Majesties most Royal Fathers Steps and to call your Majesties Judges or such others as your Majesty shall hold requisite to be present at your Majesties 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 Will. Batten Will. Penn Will. Rider Nic. Harlestone Law Moyer Brian Harrison Edw. Jonson Daniel Gates John Lainbery Tho. White Tho. Harman John Casse John Prowd John Swanley Will. Wilde Jam. Modyford Robert Lant Greg. Wescomb Will. Wescomb Nich. Warren Rich. Lant Jam. St. Hill John Marshal John Harbin Philip Payne Will. Wood Nich. Bradley Will. Greene Tho. Gates Joshua Waters Will. Clarke Rob. Wood George Percy John Frederick Tho. Bludworth Tho. Brodrick John Bull Ri●h W●scomb John Mascal David Skynner Tho. Andrews John Lemkuele Law Blankcart Tho. Bantry Godfrey Lee John Paige Christop Boone Peter Vandeput John Moone Alex. Bence John Soame Charles Michel Na. Houldings Peter Leare Rich. Ford John Jollife Rob. Canning John Harris Tho. Warren Joseph Debins Joseph Cambel Tho. Davies Will. Walker Rich. Adames Rob. Ellis C. Bennet Edw. Lopegood Nich. Meade Sam. Put Tho. Canham Tim. Alsop Tho. Tyte Dan. Ford Rob. Hooker Nich. Corsellis Peter Proby Andr. King George Smith John Dickens Will. Parker John Heath Edw. Wambwel Ant. Nicholetts Edw. Lewes Tho. Culling Rich. David James Young Nath. Tenche George Maryet R. Church Jun. Nat. Townsend Jacob Wachter Pe. Heninghook Rob. Gale Ger. Weyman Nich. Skinner Edw. Bouverie Mich. Godfrey And. West FINIS

Fisheries on all the Coasts and Navigable Rivers would be preserved about which no effectual care is taken at the present 10. All Annoyances in Ports and Navigable Rivers would be presented in the Admiralty-Courts and Offenders punished and made responsible for Damages done thereby which of late has been neglected and no Relief to be had for such as have suffered thereby especially where a Ship or Anchor doth Damage and the Master thereof proves insolvent 11. The Re-setling of these Courts would be an Incouragement to Men of Parts to apply themselves to the Study of the Laws of Nations and of the Sea whereas at this time that Profession heretofore thought to be of some use to the Government seems to be altogether discontinued and neglected However it is not the benefit of any Profession that is to be regarded in this matter but the general Advantage of the People for which end all Laws are made and if those Laws afford the best Remedy in all reason they ought to take place and be promoted The Common Law although most excellent in its kind yet being framed for Land Affairs only will be found too narrow for the Decision of all the Differences arising among Sea-faring Men and Merchants Nay the very Roman Laws acknowledged by all to be the most comprehensive are deficient in those Cases unless they take in the Maritime Laws the excellency of which doth not only consist in proper Rules made by the long Observation of Traders but also in the incomparable dispatch that is given to Maritime Affairs at all times and seasons a thing absolutely necessary for the Incouragement of Trade and Navigation and no where else to be had but in the Courts of Justice Established for that end and purpose And this may be plainly demonstrated in the following Cases Concerning 1. Building Repairing Victualling and furnishing Ships to Sea 2. Contributing towards setting forth upon Voyages 3. Cases of Bottomry 4. Contracts made beyond the Seas 5. Damages on the Sea and Navigable Rivers 6. Mariners Wages 7. Freight and Charter-Parties 8. Misdemeanours and Nusances in Navigable Rivers 9. Foreigners Debts 1. Builders and material Men have the best Remedy for their Debts in the Admiral By the Sea Laws the Ship is liable to the Builders Amenders and Victuallers thereof But by the Common Law the Person that made the Agreement who often is an insolvent Master or Part-Owner and sometimes set up for that very end is only liable so that if the Builder Repairer or Victualler should be constrained to sue at common Law they would not only lose their chief Security but would also be forced to bring each Man his separate Action whereas they might be all joyned in one Action in the Admiralty Besides the Ship or Vessel being proceeded against in the Admiralty every Part-Owner is liable for his share whereas if the Master or Part-Owner that made the Contract be sued at Common Law if he be solvent will be constrained to pay the whole and yet many times cannot recover the respective shares of his Part-Owners at least without beginning another Suit in Chancery 2. The Admiralty to order Ships to be set out to Sea although some Part-Owners refuse to contribute If a Part-Owner refuses to contribute to the setting out of a Ship the Admiralty-Court uses to take Bail of those that would set the Ship forth to return her within a competent time or else to pay the other Part-Owner that refuses to contribute for his Part according to an Appraizment then made And if this Practice of the Admiralty should be interrupted it would be in the Power of one cross Part-Owner to keep the Ship by the Walls the Consequence whereof may be easily imagined and yet the Admiralty is many times obstructed in the Cases following Viz. 1. Differences about setting forth Ships upon Voyages often happen in regard more parts are sold than are in the Ship and then if the Admiralty goes to examine into the Truth of such Bills of Sale the Party obtains a Prohibition 2. Sometimes a Part-Owner mortgages his Part and both the lender and borrower come in upon the Proceedings of the Admiralty to contribute and if any Party cannot obtain his end he presently moves for a Prohibition 3. Frequently a Part-owner that is called to Contribute will first desire that the Master may give his Accounts which the Court cannot in Justice deny and yet if it be ordered such cross Part-owner has his end and immediately thereupon obtains a Prohibition or an Injunction in all which cases it is requisite that the Admiralty that has an undoubted Jurisdiction in the principal Cause of Contributing to set a Ship forth should likewise have Power to Determine those incident Questions or else Trade and Navigation will be much discouraged 3. Causes of Bottomry By the Common Law the Master cannot Pawn the Ship for Necessaries altho in the greatest Extremity and therefore a Voyage is many times lost but by the Laws of the Admiralty the Ship is chargeable upon Bills of Bottomry provided that the Mony advanced be proved to be laid out for things actually employed in 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 expedient of Navigation would be lost and our Ships when driven into Foreign parts must lye there till the Master can send home and procure Mony to be remitted to him whereas the Ship with other Nations is the standing Credit in such cases of Necessity 4. Contracts made beyond the Seas Contracts made beyond the Seas concerning Maritime Affairs may more conveniently be tried in the Admiralty than at the Common Law because the Witnesses cannot oftentimes attend at the Tryal 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 Tryed by the same Laws here as well as in their own Country For if the Validity of such Contracts should be Tryed 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. Damages at Sea and in Navigable Rivers 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