Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n earl_n king_n lord_n 10,089 5 4.3990 3 true
View all documents for the selected quad

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

There is 1 snippet containing the selected quad. | View lemmatised text

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 terrour 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 they have no ways to begin an Action at Common Law This Jurisdiction has been several times setled particularly by the King in Council in the year 1632. after which it being interrupted it was in the late times thought necessary to be resetled by Ordinances of Parliament as may be seen in Scobell's Collection C. 112. Anno 1648. f. 147. and C. 23. Anno 1649. f. 16. Since the Restauration it has been again interrupted by Prohibitions which gave occasion for several Petitions from many considerable Merchants Masters Owners and Material-Men one of which Petitions is hereunto annexed but they could have no relief during the two last Reigns However it is hoped that this Parliament will restore so necessary an incouragement of Trade and Navigation the cheifest Wealth and Support of the Kingdom It must be expected that some of the common Lawyers will oppose such a Bill for the same reasons that some Civilians will promote it But either of their private Advantages is not to be regarded but only the publick Good It may be easily demonstrated that the Admiralty anciently had cognizance of many more Causes than are above-mentioned And on the other side it is as plain that Prohibitions have been awarded in most if not all of them But Arguments drawn from thence would do no more than tell the World that one Jurisdiction oppressed the other according as it had Power and between both did grind and harress the Subject and is a better reason for setling the Jurisdiction than for serving the private ends of either Party And there need be no more other weight laid upon what is urged from thence but rather to pass by all Disputes of that kind and not so much examine whether Prohibitions have been duly or unduly sent to the Admiralty of which there will be no end as may appear by the several fruitless Tracts that have been published to that purpose on each side but rather to consider what is fit and expedient to be done for the general Advantage of the Kingdom and what Courts what Laws and which Profession can most easily and readily administer Justice to the Subject in the foregoing Cases APPENDIX At Whitehall the 18th of February 1632. Present The King 's Most Excellent Majesty Lord Keeper L. Archb. of York Lord Treasurer L. Privy-Seal Earl Marshal L. Chamberlain E. of Dorset E. of Carlile E. Holland E. Danby L. Chanc. of Scot. E. Morton L. V. Wimbledon L. V. Wentworth L. V. Falkeland L. Bp. of London L. Cottington L. Newburgh Mr. Treasurer Mr. Comptroler Mr. V. Chamberl. Mr. Secr. Coke Mr. Secretary Windebancke THis Day His Majesty being present in Council the Articles and Propositions following for the Accommodating and Setling the Differences 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 Attorney General agreed unto and Sub-signed by them all in His Majesties Presence And the Transcript thereof ordered to be entred 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 Mony 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 Plantiff did Release or otherwise Discharge the same within the Realm That is to be tryed 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 Amending Saving or necessary Victualing of a Ship against the Ship it self 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 Admiral may enquire 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 Signed Tho. Richardson Rob. Heath Humf. Davenport John Denham Richard Hutton William Jones George Croke Tho. Trevor George Vernon James Weston Robert Barkley Franc. Crawley Henry Marten William Noye Examinat T. Meautys At Whitehall the 22d of February 1632. Present Lord Keeper L. Archbishop of York L. Privy-Seal Earl Marshal L. Chamberlain E. Salisbury L. V. Wentworth L. V. Falkeland L. Cottington L. Newburgh Mr. Treasurer Mr. Comptroler Mr. Secretary Coke Mr. Secretary Windebanck 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 18th 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 Attorney General should be with-drawn 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 Setled THE Lords and Commons assembled in Parliament S●obells Col. f. 147. Cap. 112. finding many Inconveniences daily to arise in relation both to the Trade of this Kingdom and to the Commerce with