case clay against snelgrave the master of a ship can sue in the admiralty for  his wage S c salk S c Carth S c holt S c ld ray a libel be bring by the  administrator of the master against a ship for his own and seaman wage and a  prohibition be move for upon a suggestion that the contract be on land it be  agree by all that the suggestion be nought in case of suit for seaman wage  only but the doubt be as to the master Northey affirm that Powell one of the  justice of the common plea inform he they make no difference in the common  plea and quote a case in Hilary term in the twentyseventh year of Charles the  second where the court be divide in the point and he will make a difference  between a contract by land with the master by charterparty and by parole for  in the first he own modern report a prohibition shall go but not in the second  case and one of the reason why prohibition shall not go in case of suit for  seaman wage be because by the civil law they may sue the ship and that reason  hold with we for the ship be as much liable for the master as for the man wage  contra be cite   hob that if the contract be by land and duty accrue at sea or  vice line a prohibition shall go holt chief justice it be by indulgence that  seaman may sue for their wage in the admiralty but that be never extend to  master but once in my Lord a see ante Johnston v ryson post b   modern report  er p Herbert time for the master case differ with that of mariner for be be a  principal servant and be contract with the partowners and the mariner with he  and a prohibition be a matter of right with some restriction and that which be  the ground of prohibition in these case be the contract be on land but that do  not hold in all case for in the case of Crosby v Losmell money be take up at  land for the use of a ship distress in her voyage and a consultation be grant  otherwise if it be take up before voyage begin and in case of local  jurisdiction as that of the admiralty be there be no difference between the  contract be be by deed and by parole and it be hard to grant a consultation  upon prohibition grant on demurrer gold justice send for in omnibus a