in commerce, an arrest on ships or merchandise, by public authority; or a prohibition of state, commonly on foreign ships, in time of war, to prevent their going out of port, sometimes to prevent their coming in, and sometimes both, for a limited time.
The king may lay embargoes on ships, or employ those of his subjects, in time of danger, for the service and defence of the nation; but they must not be for the private advantage of a particular trader or company; and therefore a warrant to stay a single ship is no legal embargo. No inference can be made from embargoes which are only in war-time; and are a prohibition by advice of council, and not at prosecution of parties. If goods be laden on board, and after an embargo or restraint from the prince or state comes forth, and then the master of the ship breaks ground, or endeavours to fail, if any damage accrues, he must be responsible for the same; the reason is, because his freight is due, and must be paid, even though the goods be seized as contraband.