The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-02-24

For the fatisfaetion of my countrymen, lwlll
here ,o;nt out the limits of the admiralty Jurii
d;6ion. as excrcifed at this day in England,
and cor1,are them With the limits of the lame
hrifdi>tion as delineated in your commiiion.
The comparison will thew that the powers IN
your commilion, vatly exceed thoie OF the grand
court of admiralty in England.
By che law of England, the Admiralty hath
no manner of cognizance of any contract, or OF
anv other thing done within the body OF any
country. either by land or water, nor OF any
,,yrecl of the fea, for that mutt be Gait upon the
land before it becomes wreck = consequently
it hath no juriidi6tion to hear cauies that ariie
on bills of exchange, bills ofloadlng, bottomry,
bonds, charter parties,t policies OF aiiurance'l
or freights of ihips.l But in your communion
YOU have express power and authority given,
e to take cognizance of, and proceed IN all
caules civil and maritime, and in complaints,
conuaes offences, or luipe6ted offences, crimes,
pleas. debts, exchanges, policies OF iniurance,
accounts, charter parties, agreements, bills OF
loading of ihips, and all matters and contracts,
which in any manner whatioeVer, relate to
feight due for fhips hired and let out, trani-
MORT money, or maritime uiury, otherwiic bot
tomry or which do any wife concern iuits,
treipaaes, injuries, exrortions, demands, and
affairs. civil and maritime, whatioever, between
merchants, or between owners and ProPr1etorS
of fhips or other veGels, and merchants or other
perfons whomioever, with iuch owners and pro-
prietors of ihips and all other veiielS what
ioever EMPLOYED or uied, or between any other
perfons howioever had, made, began, or con-
traeted for any matter, cauie or thing, buiineis
or injury whatioever done, or to be done, as
well in, upon, or by the iea, or public itreams,
or freh waters, ports, rivers, creeks, ana places
overAowed whatloever, within the ebblng and
flowing of the iea, or high water mark, as upon
any of the flores, or banks adjoining to them,
or either of them and alto, to enquire OF all
goods wrecked" By the laws of England, if
death, or mayhem happen within the !hames'
or in any other river, port or water, which are
within any county, the Admiral or his deputy
hath no iuriidietion at all and in iueh cafes,
the coroner ihall exercife his offices. But IN
your commifGon, express power is given I" to
,fearch and enquire of, and concerning all goods
of traitors, pirates, manfayers, felons, fugi-
tiyes. and felons of themielves; and concerning
the bodies of pcrions drowned, killed, or by
any other means coming to their death IN the
Tea, or in any ports, rivers, public treams' or
creeks, and places overAowed and alio, con-
corning mayhem happening IN the aioreiaid
places BY the law of England, the Juriidic-
ton of the Admiralty is wholly confined to the
main fea, being no part of the body OF any
county, But in your commiiion, express
power is given &" to take cognizance OF all Oh
fences, or iufpeeted offences, and crimes, done, 1
or TO be done, as we'll in, upon, or by the iea,
or public Hreams, or frelh water ports, rivers,
creeks, and places overAowed whatfoever, with
in the ebbing and flowing of the lea, or high
water mark, as upon any OF the ihores or banks
adjoining to them or either OF them. 90 thae
Won have, BY this clauie, authority to take cog
nizance of crimes, ahault and battery, or any
other trefpafs, if it be committed on the ihores
or banks Of any frelh water port, river, or creek
The word Bank, you will Pleaie to take notice'
is of 70 vaguea meaning, that 1t may, tor aught
fee to the contrary, be confirmed to include all
the city of Philadelphia. By the law OF Eng
land. the Admiralty hath no jariidlehon over
fihermen and fhip-wrights as iuch.-Bdt In
YOUR commiffon, expreis juriidittion Is given
over all" fihermen and lhip-wrights, who are
certainly very numerous body OF men. Their
contracts, their dealings, their offences, are all
fubicfed to your cognlzance and examination
The aatute of Henry the 9Th being made be-
fore the fettlement of theie provinces, ought to
be continued to extend to them and the often
der againa it, fhould receive his trial in the
colonies by virtue of 4 commliiion IRON the
King, as in England. But your commiiiion,
as far forth as it operates, is virtual repeal OF
This law. under the delcrptlon OF offences, iui-
peaed offences, and crimes. 1t gives you power
to try all the offences mentioned IN the itatute
of Henry the 9Th, (if committed on the lea, and
within the limits of your juriidietion) according
to the laws of the Admiralty. Behold here mr.
a fuipending power afumed by the crown; An
act Of parliament which ordains, that the KING