"Considerations of rational Equity. Cases of "unavoidable Accident, invincible Necessity, "or the like, where the Party could not act "otherwise than he did, or has acted at least "for the best, must be considered in this System "of Laws as in other Systems. Laws that "would not admit an equitable Construction to "be applied to the unavoidable Misfortunes or "Necessities of Men, or to the exercise of a fair "Discretion under Difficulties, could not be "Laws framed for human Societies. The Court "therefore will not deem it a departure from "the Duty of legal Interpretation in such Cases "to give a fair Attention to Considerations of "this Nature*."

In furtherance of the Principles here laid down, the Legislature, with a view to afford Relief to Merchants and Ship Owners, has empowered the Lords of the Treasury and the Commissioners of His Majesty's Customs to restore Ships or Goods seized under the Navigation Laws, if it shall appear to their Satisfaction that the Forfeiture arose without any Design of Fraud in the Proprietor; and in Cases where their Lordships or the Commissioners exercise the discretionary Power vested in them, no Proceedings can be had either against the Ship or Goods, or for the Recovery of the Share to which the Seizing Officer would be entitled after Condemnation.

* See Robinson's Reports, Vol. I.

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