anonymous master of a ship owner fraught merchant foreign sentence a master of  a ship so appoint by b owner treat with the plaintiff to take the ship to  fraught for tun to sail from London to Falmouth and thence to Barcelona  without alter the voyage and there to unladen at a certain rate per tun and to  perform this the master oblige the ship and what be therein value at pound and  accord a charterparty be make and seal between the master and merchant but the  owner of the ship no party thereto the master deviate and commit barratry and  the merchant in effect lose his voyage and good for the merchant be fish come  not till lend be pass and be rot the merchant factor hereupon sue the master  in the court of admiralty at Barcelona and upon a appeal to a high court in  Spain have sentence against the master and ship which come to his hand  videlicet the merchant hand the owner bring a case in chancery er p action of  trover for the ship the merchant sue in chancery to stop this suit and another  suit bring by the owner for fraught claim deduction out of both for his damage  sustain by the master by breach of the article by the master for if the owner  give authority to the master to contract or do allow his contract he shall be  liable to loss as well as gain by occasion of that contract and if be will  have the gain videlicet the fraught by the master contract he shall also bear  the loss and a contract make by my counsel be as if I make it ray self indeed  in case of bottomry after a voyage begin the master can oblige the owner  beyond the value of the ship but this case be ut above on contract case in  chancery Lord chancellor the charterparty value the ship at a certain rate and  you shall not oblige the owner further and that only with relation to the  fraught not to the value of the ship the master be liable for deviation and  barratry but not the owner else master shall be owner of all man ship and  estate Keck if the owner have be party to the charterparty and covenant there  shall be such proceed in the voyage he shall on nonperformance thereof have be  liable to the damage and the valuation of the ship in the latter clause  videlicet oblige the ship to the performance will not excuse or lessen the  damage and the owner by assent to the Act and agreement of the master oblige  himself Lord chancellor decree ut ante