46 Assembly Proceedings, February—March 1638/9.

	Liber C & W H	An Act For Erecting a Court of Admiraltie Be it Enacted By the Lord Proprietarie of this Province by and with the advice and approbation of the ffreemen of the same that all causes and matters whatsoever maritime deter- minable in any Court of Admiraltie Shall be fineally heard and determined within this Province by and before the Admirall of the province for the time being or by and before such Judge and Judges as the said Admirall Shall authorize to hear and determine the same or by and before such Commissioner or Commissioners as (in defect or Vacancie of an Admirall) the Lord Proprietarie of this Province shall authorize under the great Seal to hear and determine the same which said Admirall or cheif Commissioner shall or may appoint a Regis- ter for Recording all matters belonging to that Office And the said Admirall Cheif Judge or cheif Commissioner for the time Exerciseing that Office and the said Register Shall be a Court of Record and Shall be called the Court of Admiralltie and the said Court Shall or may enjoy use and exercise all or any the same or the the like powers priveledges authorities and juris- dictions within this Province as the high Court of Admiraltie in England enjoys or may enjoy use and exercise within the Realm of England (except where it is otherwise provided by any Law of this Province) And (untill the said Court have a proper Seal appointed to it by the Lord Proprietarie) all pros- sesse Certificates Commissions and all other Judiciall Acts of
	p. 10	this Court Shall be drawn and Signed by the Registf thereof and Such Signature Shall be a Sufficient Warrant to the Chancellour or keeper of the Seal to put the great Seal thereto And Such prossesse and all other Judicial Acts shall Issue in the name of the said Admirall or cheif Commissioner and Shall be directed either to the parties or Wittnesses themselves or to the Marshall or Officer of the said Admiraltie Court or to any other person or persons named upon the writt And such sumnary formes of proceedings shall be used and observed in the Court as the said Admirall cheif Judge or cheif Commissr shall approve or appoint to be used. And all Causes civill shall be tried and decided by the said Admirall Judge or Judges Commissr or Commissrs and all causes Crimminall shall be tried by a Jury of five or more Merchants marriners or other freemen of the province as their number shall be appointed upon the writt the said Jury to be returned by the Marshall or Officer of the Court and Convic- tion Shall be the said Jurors agreeing in their Verdict (except that in Crimes of pyracie or other Capitall Crimes or Con- tempts belonging to the Jurisdiction of this Court the tryal