April 1649: Ordinance empowering the Court of Admiralty to proceed to Sentence, notwithstanding Prohibitions.

April, 1649

[23 April, 1649.]

Ord. of Parl. 12 April, 1648. What causes shall be within the jurisdiction of the Admiralty.

Whereas by an Ordinance of Parliament, Entituled, An Ordinance of the Lords and Commons assembled in Parliament, for settling the Jurisdiction of the Court of Admiralty, dated the twelfth of April, 1648. It is Ordered and Ordained, That all causes which concern the repairing, victualling and furnishing provisions by setting of Ships or Vessels to Sea; and all causes of Bottomry, and likewise all causes of Contracts made beyond the Seas, concerning Shipping or Navigation, or Damages happenning thereon, or other Damages arising at Sea in any Voyage; and likewise all causes of Charter parties or Contracts for Fraight, Bills of Lading, Mariners wages, or Damages in Goods laden aboard Ships, or other Damages done by one Ship or Vessel to another, or by Anchors, or want of laying of Buoys, be within the cognizance and jurisdiction of the Admiralty, Court; and that the said Court may proceed may proceed therein according to the power and directions in the said Ordinance given.

Court of Admiralty may proceed notwithstanding Prohibitions.

Now whereas there is a Question made, Whether the Causes now lying under Prohibitions, still undetermined, notwithstanding they are of the same nature with these aforesaid, and comprehended in the said Ordinance, shall be proceeded in and finally determined by the Judges of the Admiralty, or Judges Delegates, according to the true intent and meaning of the said Ordinance, as well as those causes which are and shall be begun since the date of the said Ordinance: It is Enacted by this present Parliament, and by authority of the same, That all causes which have now lain long under Prohibitions, by reason of the unsettlement of that Jurisdiction, be proceeded in and finally determined, and the decrees and sentences put in execution according to the directions given in the said Ordinance, and true meaning and intent thereof, as well as those that are or shall be begun since the making of the same: And that the Judges of the Admiralty, and likewise the Judges Delegates, nominated, under the Great Seal, or that from time to time hereafter shall be appointed and nominated, do any may proceed therein, and finally determine the same, and the Decrees and Sentences put in execution accordingly. And it is further Enacted by this present Parliament, and by the authority of the same, That those causes that are or shall be begun, during the three years limited in the said recited Ordinance, be not molested or interrupted by Prohibitions, though not fully determined within the three years limited therein, being comprehended as aforesaid within the said Ordinance.