July 1653: An Act for setling the Jurisdiction of the Court of Admiralty.

July, 1653

[30 July, 1653.]

Forasmuch as many Inconveniences do daily arise in relation both to the Trade of this Commonwealth, and to the commerce with Forreign Parts, through the uncertainty of Jurisdiction in the Tryal of Miratine Causes, Be it Enacted by this present Parliament, and by the Authority of the same, 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, Victualling and Furnishing Provisions for the setting of such Ships or Vessels to Sea, and in all causes of Bottomry: And likewise in all causes of Contract made beyond the Seas, concerning Shipping or Navigation, or Damages happening thereon, or other Damages arising at Sea in any Voyage; And likewise in all causes of CharterParties or Contracts for Fraight, Bills of Lading, Mariners wages, or damages in Goods laden abroad Ships, or 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 Accompts betwixt Merchant and Merchant, or their Factors.

And be it Enacted, 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 every person and persons that shall Finde 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 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.

An be it further Enacted by the Authority aforesaid, That John Godolphin Doctor of the Civil Law, William Clark, Doctor of the Civil Law, and Charls-George Cock Esq; shall be, and are hereby appointed and constituted the present Judges of the said Court of Admiralty; and they or any two of them, are authorized, Impowred and Required to exercise the Office and Offices of Judges of the said Court: And that each and every of them that shall be present at the giving and Definitive Sentence in the said Court, shall at the same time, or before such Sentence given openly in Court, deliver his Reasons in Law of such his Sentence, or of his Opinion concerning the same; And shall also openly in Court give answers and solutions (as far as he may) to such Laws, Customs or other matter, as shall have been brought or alledged in Court, on that part against whom such Sentence or Opinion shall be given or declared respectively.

Provided, and be it Enacted, That if any of the said Judges of the said Court of Admiralty, shall in the execution of his said Office, either directly or indirectly, upon any Claim or Pretence whatsoever, take or receive by himself or others, of any of the People of this Commonwealth, or of any other person whatsoever on this side or beyond the Seas, any Bribe or Bribes, Fee or Fees, sum or sums of Money (other then such Salaries, Fees, and sums of Money, as shall be Granted and allowed unto them For their service by Order of Parliament) and shall be thereof convicted before the Councel of State (who are hereby required to send for the party offending, upon complaint made) by proof upon Oath of two substantial Witnesses, or other clear Evidence, That then every such Judge so offending, shall forfeit the said Salary or Stipend to the Commonwealth, and shall be immediately removed from his said Place and Office of Judicature, and be rendered uncapable of all Publique Trust and Imployment in the Commonwealth of England for ever after.

Provided That this Act shall continue and be in force until the Five and twentieth day of March, One thousand six hundred fifty and four, and no longer.