ffST'-T

1
i
I
\

78

A ColleSlton
therefore to occur to
rals

of all Sea-Laws.

[d]Vide fup. Ihould be after the of the Admiral
Clerk.

all fuch doubts and difcords, the contradls of fuch bargains example of other Sea-Faring dealings, made before the AdmiDeputy, or Judge, and regiftred in their Books. [^3

[ejL.fin.Cde

fan.
i]Vtdedeoff.

Adm. Ang.
[g] VideC.de

were of old, [ff] fo are they alfo of late, forbidden, [/] under pain of Treafon, to Conununicate their Skill and Art to Enemies and
Lafl of
all,

as Shipwrights

monop. (3

ibi.

DD.
[h]V,dedeoff:

Barbarous People. Like wife, they are forbidden (as are alfo all other Societies of Handy-craftfmen and Tradef-men) to confpire among themfelves to inhance their Wages, or
Hire, or to receive exceflive Wages.

Adm^

[^]

F

I

N

/

5.

I

I

ne»—

»——wn*——«

1~

THE

JURISDICTION
O
F

T H E

ADMIRALTY

ENGLAND
ASSERTED.
B
Y

RICHARD ZOUCH,
Dodor of
the Civil Laws, and late Judge of the

High Court of

AD MIR A LTT.

L'O N D
Primed iorno.
ynFleet-ftreet,
St.

N,
„ear
St.

Baffet, at the G...^.,

D«„A„'s Church,

and

nich. Chif.eU, at the
\

Rcfe

and

Cro.„, .„

Paul's Church-yard.

6 ^

6.

TO THE

READER.
Do
certifie

and

attefi,

that the Treatife Emituled,

I
to

The Jurifdiaion of

the
by

High Court of Ad-

miralty Aflerted, &c.

delivered into my Ha/ids by the
be Vrinted
to
^

ZOUCH, woi AUTHOR Himfelf,
Dr.

and which

he intended to have Dedi--

cated

His Royal Highnefs

JAMES

Duke of

YORK,

&c. Lord High Admiral

of England.

Dolors Commons,

Tim, Baldwyn,

Y

i

ASSER:

. Differences. i -nt r rhold Pleas ot Conmay England of Admiral Lord the 7 That beyond the Sea. have relation to Navigation. places • i r -n /- • fiich as Conufance.Affairs. and for reEvgland. as alfo in and Negotiation by Sea. t gation. and other things done .. and Trade by hold Conufance ot things 6 That the Admiral of England m^ij as touching Damage done done in Ports. England. u Special Judges have been appoinwhere places all in That :?. ^ . where Laws have been provided for Bufi2 That in as alfo in £«g/. ^ -r j t.ASSERTIONS CONCERNING THE JunlHidtion of the Admiralty ENGLAND. j ^ r the Common-Law do interof Judges and Courts the That 8 Admiralty. relating to Navitrads. vi^ All ted for Sea. Special Judges have neffes concerning the Sea. Ships and Goods. -AHat where Navigation and Trade by Sea particularly in have been in Ufe and Efteem. of Navigation. and untoPerfons. and Writings Sea. Admiralty._. Special Laws have been provided. touching Bufineffes of Contrads...^. and Trade by Sea. i ^ Trade. to determine concerning the fame. may confiil with the of England may hold Conufance < That the Lord Admiral made at Land. in all places gulating the fame. ances of free Paffages. . Sir and the Subjects than in the Courts of Common-Law. . and Navigable Rivers. lawful Fiihing. and Navigation concerning Caufes of Tryal That the i / in the Court of Admiralty. and interrupt the Court of • properly belonging to that Court. thereof^ is more commodious for the Kingdom. in Caufes meddle with. all . and ufually cxercifed in the Court of as it is granted by the Laws and Statutes of the Realm. certain Caufes. 1 1 ^ ^ . ' .. Annoy . and toredrefs Offences been appointed. have been held proper for their ^ Lord High Admiral of England 4 That the Jurifdiaion of the King..

the Admiralty proceeding according to the Civil Law. fet down in Articles by Dr.• h And Lajlly. concerning Trohihitions to Articuli Ad^ "»ralitatH. Anno 8. By A^s of Parliament. ?"d Proceedafter. which i.t Complaint of the Lord Admiral of England. and Judicial Pro. which are as foUoweth. Dun. penultimo die mini Hillarii. Regis . The Court of XXII. By Judgments. celler. to the Kings mofl £xMajejly. Certain .^^^^\°^^ ^'^^ Authorities in Law : i. againjl the Judges of the Realm. Jac. TerThe Effect of which Complaint was The ProceG Hn Majeflys Commandment. CHAP. By miral. '*^'^ Jndg of the Admiralty. Book-Cafes. granted the Court of the Admiralty. with Anfwers to the court'" by confirmed Realm they afterwards three kinds of the name of fanie ly the Judges of the . THe ceedings.Sir Edward Coke's O F JURISDICTION COURTS. 1 1 Febr.

and all Land. objed. made or done upon the Sea. or fuch places. the able at 'the the fame are made try- Common-Law. Objed. in Derogation of the Common-Law. ( which is the effe^ of this Article ) do belong to the Conflahle and Mar- When beyond the -. or Water. Whereas. ivhen this Court of the Admiralty hath dealt there' any Jurifdi^ion. as by no 8EUz. or Payme ^jt of any Money. r T^'^L ^ jlidicial and Prefidents. beyond Sea. A*riP-1Hat whereas the Coniifance of all Contra£ls. wherein the Common-Law cannot adminifter Juftice yet in thefe Caufes. or his Lieutenant^ in any mantier : So as it is not material whether the place he upon the Water. Plea. Cap. Plea. hath And therefore. wherein the Common-Law cannot admi' nifler Juflice. the Admiral-Court hath ufed to take Stipulation and Performance of the Afts and Judgments of the fame Court. whereof the Lord Admiral. taking that only to he the Sea. and determined. The Court of the Admiralty. or other Specialty. or any Contrati. that the Admiral-Court is no Court of Record. "Wherefore we acknowledge. as it appear eth by the Sta' tute of 8 Eliz.2. but an Appeal to certain Delegates. or Querele. he made Indenture.The the Title Com . which is before by Law defer ihed to he out of any Seehore of this matter in the Anfwer to the fix th Article. and give ordinary Remedy . the Sea. belongeth to the Admiral-Jurifdidion. wherein the Common-Law can adminifier fuflice. time out of mind. 5. Prohibitions are awarded againft the Admiral.""^ plaint. wherein the Ajimiral hath Jurifdidion.!.Reginx Cap. Certain Grievances. refluxum aquje . or otherwife. that Prohibitions have heen for Appearance. : granted. for any Contract. for tatherefore cannot take any fuch Recognizance as a Court of Record may do. that any Prohihition hath heen granted. Writ of Error. Laws of the Land. infra fluxum. Laws of this Realm. within this Realm. does lye . to he tryed. nor the Court of the Admiralty. hut whether it he upon any Water within any County. or Jurifd/^ion of any wamer of Contrary Plea. for doingof any A^. or Querele. Obje(a. ivith. and other things done upon I JL Anfwer. hut every fuch Contra^. upon Bargains or ContradVs made Seas. And no Prefident can he other things rijing within any County oj the Realm. Bargains or Contrails made beyond the Seas. or any part thereof ivhich is not within any County (^from whence no Tryal can he had hy Twelve Men ) the Admiral hath. in thefe Cafes. that Prohibitions have heen granted^ as by Law they ought. to the utter Overthrow of that Jurifdidion. which proveth. and defire Kedrefs. But any if ^^V County. king of Recognizances againjl the Laws of the Realm. Law they ought : And if an Erronious Sentence be given in that Court. made upon the Sea. that of Centrals. and And. County. the Admiral is wholly confined to the Sea. the Court of the Admiral hath no Conufance. See hereafter ^'^'^"^ Aftions are brought in the Admiralty. 5. Tower. within any County of the Realm^ By either upon the Land^ or Water . and ought to have Jurifdiilion. ought difcuffed and remedied hy the alfo Wreck of the Sea. Pleas and Quereles. we find. we find. do efpecially complain^. is no Court of Record . or Querele.Court. Anfwer. proceeding by the Civil Law. it is now affirmed by the Judges of the Common-Law. or hy the Admiral. by fuppofing the fame to have been done in Cheapfide. 3. either upon & concerning any Marine Caufe (hewed. neither the Conflahle and Martial. That . and therefore not able to take fuch Stipulations And hereupon Prohibitions are granted. and his Officers of the Admiralty. An^ver. and not before. that it is no Court of Record. which is out of I^^^ > f^^ ^^^ Jurifdi^ion of Bond.

z. and Party fu:t>g there. cap. Fort. in the j^ 2 h^'^' but by colour thereof the Court of the Admiralty hath. nigh to the Sea. Aiii'wcr. urged them to complai/t in Tour Majefiys Courts of ordinary Juflice.Law. II. being and hovering in the main Stream only. for then he fhould hold Plea of things done within the Body of the County. is faid to be of no force to warrant the Determination of the Caufcs commitred to him in his Lordlhip's Patent. affirmed to be no part of the Seas. /^jifwcr If the Charter-Mrty he made ivithtn any City. hut in thofe two only. although it he to he performed either upon the Seas. 1. Cap. and of Mayhem ( in thofe two Cafes only) done in great Ships. Prohibitions. And it is further added. . but having heard the fame read over before His Majefly ( out of a Paper not fubfcribed with the Hand of any Judge) we anfwer. Creeks and Rivers. the Rivers beneath the firft Bridges. beneath the Points of the fame Rivers. hath not any Jurifdi^ion . it the Civil-Laws.t>bjcd. i R. and meerly determinable by the Common-Law.4. the Admiral. and thereupon Prohibitions are ufually awarded upon Actions depending in that Court. objcL^ 7 That the Agreement made in Anno Dem. are daily with. or Creek. Haven. without queflion. objcd. Anfwcr. in thofe Cajes. that for the Death of a Man. nor within the Admiral-Jurifdiftion . according to And how dangerous and penal it is for them to deal in theje Cafes. and the Ports and Creeks are. by the Judges of the Common-Law. and oftentimes the Farty condemned in great and grievous Damages hy the Laws of the Realm. That for fo much thereof as diffcreth from thefe Anfwer s. the AdmiBut for all Contra^s. and to be fentenced by the Judge of the Admiralty. for make thofe Contra^s. and . and current in other Grants . yet is the fame to he tryed and determined hy the ordinary Courfe of the Common. River. and fo rcjeded by the Judges of the Common.4. or beyond the Seas. ivbich are Tryable by the f^erdid of Twelve Men. for their Relief in that behalf To the end that the Admiral. between the Judges of the King's Bench. and therefore the Judges of the Kin^s Bench never affented thereunto. and 13^-2. Town^ or County of this Realm. time out of mind.Law.drawn from that Court by Tliat Charter-parties raadc only to be performed upon the Seas. where it ebbeth and floweth. ^^^' ^' wherein all the Suhje^s of the Realm have Interefi. Aufwer. 3. (JS" x H. and therefore not worthy of any Anfver . wliich all hath Foundation in His Maicfly's OWcd. which hdve oftentimes obftante. nor in other Caufes. and not in the Court of the Admiralty : And therefore. being Statutes declaring the Jurifdiclton of the Court of the Admiral. i ^75'. as is pretended . 5". Cap. The like Anfwer as to the firU. Pleas and Quereles tryable by the Common-Laws of the Realm to be drawn ad aliud examen. notwithftanding that by ufe and pradtice. it is again fi the Laws and Statutes of this Realm . is not obferved as it ought to be. for Contracts and otiier things done in thofe places. the Admiral-Court have had Jurifdidtion within fuch Ports.3. The fuppofed Agreement mentioned in this Article hath not as yet been delivered unto US . cannot be difpenced with by any Non That the Claufe of Non is Prerogative. 6. Lord Admiral's Patent. and not ivithin the Court of Admiralty according to the Civil-'Law that were to change and alter the Laws of the Realm. at Weftminller. Pleas and Quereles made or done upon a ral hath Cognizance. appeareth by Judicial Prefidents offormer Ages. contrary to thofe Acts of Farliament. 5. within any County of this Realm.J urifdtdlion may receive all manner of Impeachment and Interruption. yet. and the Court of Admiralty. incroached upon the Jurifdiclicn of the Common-Law. in that cafe the Judge of the Admiralty. Without all qtiejlion the Statutes of 1 3 R. Many . and no other place of the fame Rixers. See the Anfwer to thefrjt Article. neither doth the Phraje thereof agree with the Terms of the Laws of the Realm. have been prohibited. Cap. to the int oiler able Grievance of the Subjetls . when that Court hath incroached upon the Commou-Laxv. ohflante flatuto. for the more quiet and certam Execution of Admiral-Jurifdidion.

taken by Pyrats at Sea. it moveth from their own Incroachments upon the JurifdiflioH of the CommonLaw. wherein the faid Non obftante is contained. and other Goods and Chattels which in no fort appertain unto hu Lordjhip. which. they now tncroach upon the Jurifdi^ion of the Common-Law. The "jparticular Authorities -promifcuoufly aUedged by Sir Ed- ward Coke. in difculTing of thefe former. and for which he and hu Officers remain accountable to His Majefly : And they novo wanting. and for want of Learned this Realm . Officers and Miniflers have. 8. other Grievances there are. in this blejfed time of Peace. for doing of Jufiice in thefe Cajes. incroached upon the Common-Laws of obftante. So that they do not only unjuflly incroach.objedl. tut complain alfo of the Judges of the Realm. particular Anfwer can he wade thereunto r Only it This Article is Jo general^ as appear eth by that which hath been faief^ That the Lord Admiral his Officers and Mini' Jters^ principally by colour of the m [aid void Non Advice f have Marvel IS the unjujlly lefs. THE . Many ly appear Anfwer. left they fhould fit idle. in that they have feized. will eafr worthy alfo of Reformation. Caufes appertaining to their natural Jurifdifiion. and reap no proft : And if a greater number of Prohibitions ( as they affirm") have been granted fince the great benefit of this happy Peace. than before. are difiinMly inferteci in the Chapters fol lowing^ in fuch places as they feem to concern. without all Colour. Goods and Chattels of infinite value. by his Letters Patents. in time of Hoflility. whereof the for that the Lord Admiral^ his Lieutenants. incroached and intruded upon a Right and Prerogative due to the Crown. and converted to their own ufes.

All Bufinejfes concenmtg Navigation. led of their Goods by certain Officers of the to is that World. the on A Mer cowm o<^''^ro Leg.^^. ^r^ j^ «W ^i-m -yi. a famous Judg at Theffalonica^ and Confervatpr of the Law t* vo^jVus. RhoSea. firft.P^ocimn there. the under the Athenians . the of Sea-Laws ancient. and Alanjuardus Freare extant. concertmi<^ things done A4ot/ &c. and Men had Experience of the Commodity d. but they eftablilhed Laws for the maintaining and regulating the fame.z rhe Twelve fpoi.. the Inhabitants of the Cicero faith. and Sea Mediterranean . Tables from . fpecial Laws have a fes lobe been provided for regulating the fame. was no fooncr invented.87 THE lU I O F T H E Admiralty of England ASSERTED. a Merchant of Nicomed/j. noHram wemoriam VifiipUna navalu ^ gloria remanjit. of thofe Nations confine on the which thofe of fecondly." Emperor Antoninus. that Navigation J.vcrc*s. a learned Author) commenc fir And it is certain. in the beginning of State was at their when Empire. by Orbn Ahr/timu. ASSERT. with others. and all Caufes Rhodians are. and out of them related by Marifotm. publiftied in Greek and Latin. Amongft the Grecians. Rhodians. where iJavigation and Trade by Sea hav arid particularly in been in ufe and e^eem. la terrty border Weftern Ocean.^^^'. the was Lord he indeed of fwered him 'E^«J i' n mV» »'-^'e<©-. Tiberiiij Whereupon. complained to the Sea • i. j^f'^'-""' " ' -^ Z ray. had fulTer'd Shipwreck. at Sea.- And Conjlan- Harmenofulm. Thofe mojl the Sea-Laivf. of all the the Laws Laws the Rhodian by for of decided . That in all places yrrt L England. when one Eudamcn. who. hath its Laws as well as the Land. that he affirms. Tilc of Rhodes Touching the firft . gives that Credit to their Laws. in the firft part of his 1}erm their Laws of received Republick. . and were anEmperor the Cycbdes called Ifland . the have been moft eminent for their Policy in the Affairs of Jiorum ufque ad tinus The Sea Tfaith Go^rfy. proceeding from Negotiation by Sea. and the Seas Northward. and abundantly furnilhed with Laws for other regulating of the Aflairs of the for the Laws the Rhodian admitted Claudius. That ' ' matters. SymonSchardiiu. are or fome part of them. i. that he. So Kuch may be confirmed by and States which what is obfervable from the ufe and pradice. in the tirpc of the higheft.' ^. their The Romans.

for the regulating and dereceived and aUowed in aU Nations and States in all Authors of feveral Nations. it appears Toucliing the Nations confining on the Weftern and provided for the Ordinances and Laws fpecial were likewife.. comniented upon them mufe in the GreekEmwere And are likewife fet forth by Morifotust And Laws trom Rome reor the BafiUca. amongft pire^ they are fet out by LeHndaviuSy ta..^. appears plainly it as Sea. wherein it is declared.md. • ' ' : ritimeBufineffes. Rhodian the And Grotius affirms. them. mALeges alfo the Ordinances of the and Kingdoms .?. his to Towns. for ordinary matters is an Ifland fcituate at the Mouth of the Rithe Laws. • into a Monument. World. have the through Men.30.. near the Coaft of ^?«i^^i«) extant amongft the Royal Edids. ot not deter. terminingof Buiineffes at which have been ad^ whohave Written of. Ton. mu Ai .. or Continent.^ies ' which were afterNvards ratified by the Court . Admrailu Pr. who hath as they ceived at Conjiantinople. """^^^^^l^^^a. mariti. under the Title of Ve los navios Alphonfus . mentions. and Vfages of Oleron. where it f^emed rieceffary So t^e to former Ufagcs and Cuftonjs.' Lewis the Twelfth. CWa & : K\im^. Northern the Hanfe-Towns. Maritime Bufinejfes were touchingmatters of the Sea. Barcelona.«.«/« Fl. « ^ ^Wt^.uyeua.- v. Ouefiifono huoni fiahlimenti. . in his Preface he faith. ^^^^ ^J. are the fame with the Laws of Oleron. catura. f. t:^f'P « . That in Spain there Peace . That the Admiral ought to do Jupreminences del Admiral. . in the others.. did refer he which to Laws./. Morea. intituled Droits as appears by an ancient Record. have divers the were eftabliihed by which Admiralty. fets forth > . or Judgments of Oleron (which are of fpecial Obfer^^^^^^^ ver cw/«/^. as in the F^r//^^ of BufinefTcs of the Sea. are obferved both in v^\iich.T. . are comConftitutions the Of all which places Marfellis. In fucceeding Times. aCatalogue of the Laws of the Hanfe Book. That in what efleem the Laws of Okron have ^.| the Third and Firft. of Navigation and Trade at Sea. had afpectal hut that the Bufmjfes and Rights of the Sea fay of the Land.3..v^\iic\i^ liWelwoodmiU MfPL.ga^.in Laws.fa. de Jure Maritmo. and were in high Body of the Civil Laws. according Orders and Conftitutions for Mafeveral upon new emergent Occafions. &c. Wisbuiences nauticumSueficum. in a direlated it is which of Mare .. Francut\. Kingdom of Naples^ reduced De . and dering on the Mediterranean Seas. and under the Title De los navios. Judgments. Euie fet down in the Rhodian afterwards inferted into the Rhodian Laws. for Occafions both of War and and under the Title Z)^/^ the Ninth. havehLsmshmtnc^samongd the Nations beyond the tranllated into Dutch for the ufe takes not. as W. prehended in the Book called // Confultate del and Cugood Confiitutions the are fhefe {lina Chapter. M. Provmces and places borLaws and Supply. whichare So thtFrench. for Maritime Affairs. the delivered to our Ancejiors. hut Suits and Controverts the Recopilation of Jerre per la mer.vis.7 /^« day. m procefs of of ^«rt»/). fo the fame France ^ that place. Aragon.^ . Philrp Northern Ocean.Selden obferves. and of Comment ^/f/.. Rights.c^Mer- r r u u time. and in the Commonwealth. And Loccenius. That as faith further And Oleron Laws the are of France in puted as the Laws of Nations.tAnmhhta (a Town m the refiding Perfons which fome eminent .^ . To ot thole Confirmation for &d divers Ordinances and Conftitutions of their own.(3^ Second: which are illuftrated by the Edifts or Ordinances.s oe Suhfeudii Tu. ?.. according Arnc 19 Mediterranean the 5. or handled matters of that nature. Reglementsfur la fait de moft laftly by . The like was done by the People oi Venice. . Belgick the and of Hanfe-Towns themfclves. by the Emperor Jujiinian The Titles fo which they are reduced (^reek Empire.^ Sixth. ftyled.. rLk efleem both in the in the Civil Orb. del Com '' folate de ^^- ^^„. Li. . to flice to all Merchants. were and others. have been The Wifdom and Equity of the Roman Civil Laws.es fparf. de N. paffwg which.. de offiao which Marinus Frecria Writes . r.ns de fully upon Review of all former Afts /v. of ^^rhJment ztTaris: But.„/ ^ ^f. mfi floms which helo^unto the Sea .: " gg ' ^ The Junfdi^ion of the veuommo De DomJHio M.^«>x. Genoa otPeloponnejus. &c.^nined by the Law which u contained tn the Table of Amalphia Rome. Rhodian Laws ««/.« ana Law are colleaed by Tetrusfc^s. eftabliihed z. called labHla Amalphitana-... Ed.«c.

2^^ ^'"^ '"'^^''^ ^ ^' Z X before . in his Comment upon Littleton. : in the time of ftyles it. fignified. He faith further.. in his Notes "^' ^" ^. fays. argues the Sovereignty of the Kings oi England. And. what fhould be * the caufe that. he did not a little marvel. the King of England alfo being Lord of the Sea. as it is part of the Law of Natnre and Nations^ is twilerfal. That the Jurifdidion of the Lord Admiral U'as long Utii. MaMaritimi Commentarii .^^" upon Fortefcue.Sir tdSca Ediiud Coke (hews. witliout Anfwcr was made. Admiralty of touching the i. Jed Merchant. the Law. having fo many Ports. where he affirms. and Ley Manner. for that the Common Law of the Land did leave thofc Cifes to be ruled tes.^. Selden Edward the Firft. Selden mention it. which is a Branch of the Law of * The Law-Mariner. of Laws fortlie regulating C/v// Lmv. Touching the Judgments. Tljat they are flill in force. there are to be found ' But now the reafon thereof was apfo few Cafes concerning Merchants or Ships * parent. that England... John Haf- King oi France.Merchant is likewife mentioned. but by the general Laws of Nature and Nations. Sdden^ in his Diflertation.Merchant to -. and others. which was then in his poflefTion. Caufes concerning Merchants are not now to be decided by the peculiar and ordinary Laws of every Country. venience oF The Law. : * by another Nations. namely. uponoccavSixth. Non erit alia les Romcc./'. as a Law dil\in£l from the Common Law of England. Selden. of which the Books of Comthe namely. enter' taining Traffick with all Nations of the World. And fo dorh Mr. he faith. tions touching the Admiralty of Henrj the Firft. una eademque lex obtinebit. and the ufe of them in the Admiralty-Court. Certain Verdid^s given upon an Inquifition And fome other Matters at Quinborough. in regard King diehard the Firft did publifh the Sea-Laws in the Ifland of Oleron.Merchant. he faith.39. Conflitu. 85* Kingdom of England is not deftitute of fpecial which arc diftincl from the Common Laws Sea-bufinelles. ab antiquis JccnIis ettam »um rctinetur in foro Atariujiu Cicjarti 7«rij Civilu.Sea. alia pojl hac. cis Cicero faith of that omnes genLaw. and one and the fame in all Countries of the World : For. Law . that the (S^ omni tempore. as Merckint. The Judgments. of Ley the names by notice take mon Law Touching the Civil law. And accordingly. and ils ^' Touching the black Book of the Admiralty. whenMonfieur /V/aw^ry being employed ^JVejJ^ 'f^Sea. f^etu/li Tribuna. the Anfwer to the French Agent. 3. Richard the Firft.. worthy of Obfervation. alia AtheniSy alia nunc. that the King his Mafter wasdcfirous that the Ordinances and theCuUoms oi England might be reduced into one Form. King Richard the firft. mentioning -. vel cap.. how it is obferved in the Admiralty of EngbttJ^ . or Laws of Oleron. King John.Mcap.. ad EUtam^ are in ufc in this Kingdom. no tiian were other the Civil Laws.. from them. timo^ feu curia Admiralitatis. that the r^. and fo much * good Shipping. and Codex Manufcriptus de Admiralitatu. c32. and do leave the Caufes of Merchants to be decided by the Rules of that Law Which Law. Mr. 0§c. And vSir John Da'vis more fully owns it in a Manufcript-Traft touching Impofitions . 3 ^ Whereby it is manifeft. of England and of France^ betwixt the Subjefts happening DilRrcnccs fome fion of concerning Sea-bufineires. That both the Common Law and Statute-Laws oj England take notice of the Law.%. ancient Additions of the Realm. ^Ntxt fuch things as are contained and preas certain Royal Ordinances.: Admiralty of It is I England Averted. and certain anAffairs Ordinances for Marine u herein they could not conceive any reafon or conRealm cient Additions of the Change. ofthcReahn. which fays And Mr. That there are in it. where he. ferved in the ancient black Book of the Admiralty made by or Refolutions of Oleron.De Dom. in the Books of tne Common Law of England. in his Comment upon Littleton^ where he mentions divers Laws ikcwifc apparent. related.^z. ancient Kings of the Realm. which haply. And Sir commmt •« Edward Coke likewife argues. and allowed by S\t Edward Coke. in the time of King for the Edward the A'. Mr. ' That until he undcrftood the difference betwixt the Law-Merchant ' and the Common Law of England. in his Notes upon Portejcue. That the Englijh any difiercnce betwixt them and the Vrench. in the time of King Edward the Third England.

^. by Government of the Admiralty. Mailers and Mariners of Ships. according to their Injlruments of Contra^ s and Dealings. in the 49th. That Anions concerto that purpofe. The Office of the Confuls is defcribed in the ConfoTbe Confuls determine all lata del Mare. when any great War is expcded. i. 47. ning Sea-men InVerrem 7 Decad. Sjntag.. fo"^ Atticfs. who did Jujiice exprefs to Sea-men. under Penalties. proinde cum commercia hominum fint maxima utilitatiSy placuit And accordingly. as by the Title appears. «ft'. a^s alfo in England. or Supream Commander of the Navy.deCom- merciu. ^T""^ Begorius Tholofanus fays. In later times they had alfo a Magiftrate who was called Comes Commerciorum. to order and determine thofe Bufineffes. and Towns adjoyning to the Thames^ to be obferved by the Owners. Fhilip Courtny the the Cinque Ports . Thirdly.ltb. of Prator Clajfis : Which Name imports a power of Judicature. Edward the Third. the leller. and others. or undertaken. S st' lit) i»cj< ^of^o^iuf. Mafiers and Mariners^ to at an Ships for befet of for Debts contra^ed by Mafiers for the necejfary ufe of the Ship. from the Laws of So called^ hecaufe Kim Richard the Firjl. for parts which are Fraights. That he had feen them inroUed among^ the Records of the Tower ^ for the The Inquifition Edward the Third. and others. to the Ufages of former times. Fourthly.de Legib.i-j. done to Goods Pammages on Shipboard. I ' ' 2 fi'' ' ^^^ ^^^^^ Contrafis and Bujinejffes which are declared amongfi the Cujloms of the Sea. had being broken into feveral and the greater Kingdoms had States. C4p 20. lib. and generally Monfonif c. before William Nevill Admiral of Admiral of the IVeft.i. That generally where Laws have been provided for Bufnejfes concerning the Sea. or Vice-General . publicks.^ ^hofc Bufinefles Suidasy Nawloc/^io" S.Ti"l. gubemius Clajfis Britannica : And Tacitus. The Venetian State being a Seigniory. The Roman Empire their Confuls. whofe Office was. fever al Judges have been appointed to determine Differences ^ and redrefs Offences concerning the fame. of King eighteen expert Sea. The Verdifts there given were defired to be eftablifhed by the King's Letters Patents. Judicum diverforum ratio eo dirigitur^ ut lites jacilius expediantur^ ne immortales fmt fuh judicihus mole negotiorum oc- Ct Petit. as Re- their Admirals. for things promifed or undertaken betwixt Merchants and Mariners. of the Navy : At other times the Legatus Claffis. and the Lord Latimer Warden of North. have their General.£^j who trade by Sea.men. Confoli determinano tutti le contrauerfie. 27. ^c And Malines writes. Part.uit. II.c. Amongft the Romans there was anciently an Officer called Prafe^us "^"^ Javolenus makes mention of Seius Satuminus Archi^^^-^^ ^y -^^^^ ^^^ ^^'^* Law W Natodicse iv^/-^ Magijirates And the Athenians had an rrebes. for Goods taken up at Sea . and relates. Negotiatoribus proponi proprios Judices. cupatis Firjiy : & The So Grecians had their fpecial and proper Judges appointed 77. &c. &c. ztQutnborough was taken in the Year 1376. Secondly. who is of as high an Efteem as any Magiftrate of the City . Controverjies for for given to Commijjions to Sale Out-cry. &c. having abfolute Power over all Officers. to over-fee Matters of Commerce or Negotiation. ''"/'•^T.^ ^o before the Reign of they were there The made by Jiirifdillion of the Oleron . t*? and Merchants fhould be commenced before the Judges called Thefmothetx.^.^-^v-m. ASSERT. in the Cinque Ports.c.

In Denmaik. and fetting out of the Fleets for War. They have bcfides. who is commonly called Rycks Admiral . who judg and' 5^/«. and if any Bufinefs fall out worthy of greater Cocfideration. without Contradi£lion. ratified by the Parliament of Paris^ the Office of the Admiral.: Admiraltj of neral hath the England Averted. in the places aforefaid VVhich Jurifdidion. Fifhing. and Judg of the Abrid7. he hath the fame Ti>. of Marinus Sku/us faith of the Admiral of Caftile. Judges are appointed to refide in Port-Towns. exclufivc to all others. without Solemnities. DeDom-Md'^* '^' ''^'^' and Jurifdiftion. He hath alfo Jurildiclion. made upon a Survey of all other former Ordinances. That of Armies wliich Ihall be ihall : : .. they Ihall refer the fame to him. employed about the Navy. Ships Royal. \n Scotland ( zsWellwood. and Chief Commander of the Sea : As it is alfo largely defcribed in the Befides. Cognizance and Determination. Laws. or other ordinary Admirals for that the Jurifdiftion over the Seas of England and Ireland. And the Bounds of wliich Jurifdi£lion are limited and determined in thofe Seas. ^ v-n- Name. and that in Magna Grcecia^ which is now the Kingdomof f 9. of the Navy.2. and in all SeaSo that no other Ju>. by the fame ?artidos./. . where the Dignity of Admiral is the third Place .22. and over the Captains of the GalJies.2. Civil and Criminal. the third place of Dignity in the Kingdom belongs to the Admiral. as in the Dominion of the King. Repairing and Keeping of the Frfcc^dco^. with the King's C. or any other Matter Which Judges were : to proceed plainly. Officers and others. Selden ohkxvts^ hath another manner of Right. the Conftable. and with all Expedition. as a Province. over all Sea-faring Men. after the Vice-Roy and Conftable. The Admiral of England (^zs Mr. and As alfo. Fifthly. This Court is called Magna Curia . and ihall appoint Judges Deputies in Maritime Cities and Towns. and (hall be obeyed in all Maritime Towns and Places. or Shoars thereof. of Contracts made touching the Matters aforefaid. ^c. ''*"• In France. by whom he is authorized . He hath all Jurifdidlion. MornJ. a Scotifb Man. as it was found in the Acf ion brought by Anthony de la Tour. Civil and Criminal gree may meddle therewith.• befides. in the King's Firil. or Shoars of the Seas j likewife of all AdVs of Merchandize. Admiralty hath power within the Sea-flood. the Admiral ol France be chief. Admirals 'mEurofe\i'xA their Beginning (as moft affirm) in the time of chaff^nCMtai ConJlaMtine the Emperor. than the Admiral of France. and hath fupream Authority over all thatufe the Sea . as to a Prcfidcnt. who fliall hear ordinary Matters happening within their Circuits . all is thus declared raifed and fet to Sea. I5'4i. but only by way of Affiftance. and Contributions for Goods caft over-board. £/»>. Tiiat he is next unto equal Power. to defend the fame. concerning Freight of Ships. Conufance and Determination of all things done or committed on the Sea. in Maritime Caufcs. fuch that make it their Trade to Fiih. to v\liom bclongeth the Building. Civil and Criminal.i. Right and Power as the Admiral of France. are committed to his Cuftody and Tuition. of Charter-parties. both in Europe. and the Dominions and Ifles of the fame. to wit.ci4. f«»/26. four Confuls. which are or may be. as Morifotus writes. amongft Commanders. ^\ power of difpofingot the Navy. 6. againft Chriflian Martens. Novewh. Perfons and otiier «7determine all Matters concerning Negotiation and Trade. and. in the Palace at Paris.onfcnt. and to all purpofes. by an Ordinance of Henry the Thu-d. which are held to be fuch which tranfport in Ships. we have intcrdi£ted to all other our Judges. of Sea-briefs. The King o{ Spah: hath divers other Admirals. He fhall hold his principal Court at the Marble Table. and is held to be the Lord. which are to hear the Caufes of Sea-men. asourLieutenant-General alone. Freighting. and the Ind/es. both only to the Supream Council. and from it there lies an Appeal Garjias Mafhilli fays. Secondly. or Letting to Freight. He iliall have Jurifdiftion. writes) the Admiral. Naples.<. for the difpatch of ordinary Maritime Bufinedes. and all others who get their Livelihood by the Induftry and Art of the Sea .c. and other places on the ScaCoafls. or do adventure their Eftatcs by Sea : '^'^'^''• build Ships. and of all other things whatfoever happening upon the Sea. and our Lieutenant-Gcneral . or Breach of Ships.ig of any defaring Caufes and Debates.« ub.

Reginerus Grimhaldus. lib:!. and all other Aas which may appertain to the Sovereign Dominion aforefaid. and in all other points in which a Man may have reafonablc Caufe of Sufpition againft them. and certain Knowledg. than belongs to Ships of Merchandize . Policies of Afurance. as of their own. and that A. and then. but extends to the Mediterranean^ African and Indian Seas. which may any ways concern Moneys due for Freight of Ships hired. the cffba and tenour whereof is. of Deputies the plaints concerning the fame. in Civil Caufes. Bills of Exchange. Bills of Lading. bearing Arms on the Sea. or Ships failing otherwife apparelled. Friejland Y:vc\g%o{ England. fet out at large by Sir Edward Coke . that to him it is dum de placitu. &c. Admiral of the Sea. and other Admirals. in which the AAmix^ls oi Englands Authority and Jurifdiaion is exprefly We give and grant to concedimus. follow many things. Contra^ions. and let to hire : . amongft which isexpreffed. Statutes and Countermands of Arms. he hath the power over the Navy. The Jiirifdi£lion of the -„ « «. in Tower of London. Gemna. two the and Commiffioners being appointed by and CommoNobility the Prelates. doing Juftice. or giving wrong Judgment ) and efpecially in making Reftraint. deputed by the King of England. by Mr. Holland. andVcflclsotherwife furniftied than for Merchandifing. Statutes. granted by the Kings of England. or Selden «aj>. or belonging leges whatfoever the Admiral's Commiflion. : tofore Kings of England. during the Wars between Philip King of France. but is alfo warranted by the King's Commiffionsj as it is apparent by ancient and later Patents. To hold Conufance of Pleas. touching thofe Laws. and by ordaining all other things requifite for the maintaining of Peace and Right amongft all other People.i6. all manner of Jurifdiaions^ Form of folemn the in So recited is far appertaining. ofOurfpecial Grace. high and low. or furnilhed. is not only agreeable to the Jurifdiaion of the French. and other Admirals.• tra^s. time out of mind. Admiral of the French Navy. i|vj. Spain. zstht French. pour raifon ou occafwn del faie de la mer Which Jurifdiaion hath no Bounds.D. Germany. in the redrefs the Comand to hear Kings.B. as of Countries Maritime divers of and . that We.- ^ • and i^orway declare. failing towards Flanders. and all other Con. and of the Iflands therein fcituate. Zeland. touching Robbery. for default of doing Right. Offices. of nalty of the Towns . as well of other Seignieuries. That the by reafon of that Realm. faid. ""*' J. other Mifdemeanours. have been m peaceable Pofleflion of the Sovereign Dominion of the Sea of England. declaring that moll ample Power and Adcogmfcengranted. Archivis of the in the firft refpeft. And We make. and Jurifdiaion over the Perfons and moveable Goods which come under his Judicature. and giving Protedion in all Caufes needful. Ordinances and Countermands. appoint and ordain him Governour-General of Our Navies and Seas of the Kingdoms aforeAnd he it further known. -rjWhat Mr. That whereas. Charter-parties. and his Anceftors. and all other Admirals appointed by him. as foUoweth j Damns Our Great Admiral <?/ England. hereCatalonia.142. and & fhg qfice of a/land do give and grant to the fame Our Great Admiral. ^c. Befides the Jurifdiaion Extraordinary of the Admiral of England. have been in peaceable Pofleflion of the faid Sovereign Proteaion together with the Conufance and Jurifdiaion. and G overnour of our Navies. Jurifdiaion faith he. is confirmed by an ancient Record in French. concerning Proteaion againft Depredations in the En^lijh Seas ( as Mr. had fpoiEngiijh Seas j led the Merchants of divers Nations. and all things before-nienJ tioned thereunto appertaining (except in cafe of Appeals to their Sovereign Kings of England. England. or any other far remote. Ireland and Wales. Liierties.92 befides. as fufficient to his purpofe . Profits. and PriviPreheminences Fees. which come under his Judicature by occafwn of Bufinejfes relating to the Sea. Selden delivers concerning the Admiral of England's Special Jurifdidlion. Selden writes . Accounts. and taking Security for the Peace of all manner of People. ) his Ordinary Jurifdiaion is over the Perfons and Goods moveable. &c. palTing through the fame And all manner of Cognizance and Jurifdiaion. by ordering and eftablilhing Laws. fully declared. Debts. and Guy Ezrloi Flanders. Selden. and by taking Security. and the Government over the Sea-men.

as alfo in En^l^nd. Sailors. and what appears to have belonged to the office of Maritime Judges. of all and fmgular Treadetermine De omnibus and hear. had befought '' '^'''''*"*- . W'itliin ^ or any River. to JinguUs proditionttus. the CommilTion of Oyer and Terminer. or any others. vohere Judges have been appointed for Sea-hfine(fes. Mafters. Suidas tefUfies. Statutes and Ordinances of the Kings Court of AdAnd aljo touching all and fingular other Matters which concern Merchants.deVirUt. Mariners.*^ called. Robberies. miralty. Caufes happening betwixt Merchants and Pollux . againfl the Kings Laws. granted likcwife under the Great Seal. and the Dominion of th: fame : As well againd the Peace. Creek. or Injury ivkitjuever had. Servitors. aforefaid. or frefh Waters^ Streams. Bufmefs. and the Laws of the Land. which is agreeable to the fubjeft matter of the Laws mentioned in the firfl Chapter. Havens. Port or Frejh-Water. Dominions Our Seas whatfoever. That in nil places III. or place whatfoever. yet they may be reduced to thefe Particulars As firfl. as Julius ^ rojjtxrifuY. tvhatfoever. 15. concern Perfons. as J^k3* if/.Tit. as well in and upon the Sea. 7)Kti. within the flowing of the Sea ji to the full. as have relation to MAritime Sea-men were c^itgi Law<. or pdlkk Rivers . Concerning hiring and freighting of Ships. within the flowing and ebbing of the Sea. and Negotiation by Sea. Concerning Mariners Duties. &c./^ Admiralty of hire England Averted. when the Roman Senate en. beneath the fir Bridges towards the Sea^ as upon the Shoar of the Sea^ or elfewhere within the Kings Maritime Jurifditlion of the Admiralty of the Realm of England. and places futjecl to overflowing. a<. according to the Statute of the i8th. viz. Touching Contributions for Lofles in common danger. FifherIVork-men. at the hazzard of the lender. containing Power of Coercion for the Banks whatfoever adjoyning maintenance of that Jurifdi»Ilion. or through the any of Seas. certainCaufes. Labourers. Godtfied. tred intoaConfultation to fettle the Bufinefs of the Sea: Tor 'when Tiberius Claudius c^^^'.^metxp. or Dealings between Mer. for the puniihing of Offences and Matters Criminal . that the Sea-men. and other Statutes. Rhodian Laws. Ship-men. and for Salvage of Gciods. Amongft the Grecians. The fame were the Matters taken into Confideration. in or upon. chants 'and Sea-men feveral Godfrey. Power is granted in the Kings name. and Gnomtt. vck. committed By the Jurifdi6lion of the AdmiraJ. &c. Concerning tranfporting PaflTingers and Goods. Sixthly. ASSERT. towards whatfoever. Ship'wrights. Second!)'. Vwners and Proprietaries of Ships. Thirdly. and aljo . (siith . or either of them. front any the faid firfl Bridges throughout Our Kingdoms of England and Ireland. The : had fignified to tli«m. fuch Navigation. or the Sea. and Merchants trading by Sea. of Henry the Eighth Chap.7*r. or done. and the like. their Wages. Fifthly. Felonies and Confederacies. Murthers. Fourthly. are not ranked under dillindt Heads or Titles. Caufes concerning Trade. fons. upon the Shoars or to them. have been held proper for their ConafanCe. 5/3 Moneys lent to be paid beyond the Seas. or in any Forts beyond the or elfewhere. Touching the delivery and difcharging the things received in good Condition. Caufe. although as they are now ^''<^extant. beyond the Seas. For borrowing and trufling of Money for Sea-voyages. With divers other Claufes.

affirms. des Mariners. j if upon the Sea do feal a Leafe. AW which are Ptfttd. Calling forth of Goods. des nef. Merchants . and nd doubt but Sir Edward Coke. That the Jurifdi^ion of the Marfhal of France. gave Jurifdidion for. but only in refpeft of Place . the : And therefore. 24. in Bridgmans Cafe. The fame Bufinefles aHb are regulated by the Conftitutions of the Confolato del Mare. the Common Law Ihall have the Jurifdiclion. • So much is likewife figniified in the Xitle of the Laws of Oleron. That the Caufe. Strangers. And this.. as well as the place. ought to regulate ' The manner how Majlers of Ships. And a Man Serjeant . or a Teftament. Nella progrejfo diquejlo lihro. of Ships.514 ' 'The Jurifdi^ion of the . provided for C4. Touching the Ohligatms. and we will fhew what things the Majler of the Ship ought to ohferve towards the Merchants. or an Obligation. according to the Judgments of the Roll of Oleron. which he might do./. how Merchants ought to perform with Maflers of Ships. that they cannot judg. and Contributions . as the Caufes of Tithes and Teftaments are in the Spiritual Court. and how the Dammage that fhall happen to Goods cafl over-hoard by occafion of Storm ought to be divided. in an Argu- And Comment upon the Cuftoms LemhaK^alii rT/'/ST'^* mcnt in Communi 5d«co. de la mere. So the Lord Hohard. that it is not the. over ivhich a competent Power is granted unto them. That he difFerdd in Opinion from my Lord Hobard andafRrmdd. and how Strangers and all ^ others ought to pay Freight for the tranfporting of their Perfons. delivered. as in the Title De Nauticis OhligationihuSy &c. intend here to fpeak of Shipping hired to undergo the Adventure of the Sea. or Duties of Mariners. fought him. fied in a Chapter Caufes of Merchandizing and Navigation. are limited to certain Caufes and Matters : Whereupon it followeth. Merchants and Mariners and govern themfelves. made good in the particular Ordinances and Conftitutions therein contained. that fuch Bufinefles which were incident to the Sea might be reduced into fome Order . but of things cf ivhich the Conufance belongs unto them . fo Godfrey. and others who talk fo much of Altum Mare. Majiers. ivhich We and of the Price due for the Hire of Ships. 'IitJe Vartos. which pafs in their Ships . but alfo by the Caufes and Matters. he fay^. ^ & comme les MaeHres de Navire. in his the place alone were fufficient to give faith. which.yt^^.Laws in the Spanifh Parttdaes have the fame fcope. La maniere chants. agrees with the Lord Hohard himfeif. in the Edition annexed to the Cuftoms of Normandy. and would perfuade others. Place only. Ordonances Royaul toucbant lefait de la Mere . becaufe the Caufe is not Maritime. into which the Rhodian Laws were incerted Greek the Empire afterwards received which froni the Laws touching Sea-affairs. and not the Admiralty. how the Maflers chants. and alfo Fijher-men and Fijhing. Romans. Buildings Buy ing^^ or Selling of Ships ^ Intrufting Gold and Silver^ and divers other things. and of ether Matters may concern the fame Affair. who fhould diligently enquire and take notice of what was there obferved concerning Mariners . And fo Juftice Reeves. no fpecial. that if mak^ if the Jurifdidion at Sea. but the nature of the Cafe. or Pajfengers : Moreover^ touching If^^ecks -. for their Jurifdi^ions are not regulated only by the Territory or Place. made Admiral claims no Conufance thereof the Jurifdiftion. The Sea.35. that fome might be fent to the Ifle of Rhodes. happening within fuch a place. in which are contained the Statutes and Ordinances of ancient Authority. and Pafmgers Goods put en Board Shipsy Partner/hips. be . as it is more fully figniof that Book. or certain Caufes do belong. &c. as take upon them to determine. orthofe who fail in Ships. as it is in the Title. and all manner of Anions vohich may le brought concerning Ships. as alfo Judgments. are called. All which was done accordingly. and all other forts of People. and of the Admiral. and alfo. Notwithftanding thefe Examples of the Ufages of all other Nations. Mariners. In the progrejs of this Ships ought to demean themfelves towards MerBook it is declared. and by the of the Roman Civil Laws. advifed. a Contradl of Marriage. are themfelves perfuaded. of Normandy. as appears by the Titles B««A/*. fome an\ongft us. in Audly and Jennings Cafe. '. Sea-men . Owners. aufi des Marde tout kur eftre : And' in the: Edition fet out by Peter Garrias. that to the jurifdi^t ion of the Admirals cf£/igland. Nero^ then a Senator. That their Jurifdi£tion is not in refpect of any certain Caufes. to be of that Opinion : But it is apparent.

tlie Roll of Man no well . with Advice of thofe in the Ship. if he do other wife. with relation to the Text of the Cilefs Laws. Touching Contributions to he made for Lofsj upon occafion of common Danger. in the And whereas the Serjeant faith Caufes of Shippings and of Merchants and Manners. A a 1. in cale of necefTity. and the Hull of Oleron. and proceed with their Advice . in cafe his Ship be difabled by fome mif-fortune. And firft. faith he. How . may be underftood. and manded. mifcarry in the Unlading.(. And touching the Laws of Olero»j which are . or Contribution is to be made. or hire another . obvious. or otherwife. may repair it. concerning Navigation and Nedown.Admiralty of England Aferted. I. and how. Secondly. to be laden at the time agreed upon. Tackling or Cordage. How the Mafler. how he is to make Account. How the Mafler. Whether the Mafler . How by evil the Merchant fhall be fatisfied if his Goods be damnified in the Ship. but will deny the Civil or Imperial Laws. pcrfpicuoufly declared in a ticular Caufes. Illuftration. in extremity of Tempefl. That the King rules oh the Sealy the Laws Imperial. to fave themfelves and the reft. De Jnre (H alfo fet only Civil. ced by Satisfadion when the Merchant is prejudinot proceeding in the Voyage. and how Average. fomc things have been already ihewed. when the Merchant provides not his Goods ready. the Mafler may intermeddle with the Mer- chant's Goods J and. flowing. wanting means to proceed in his Voyage. if he difpofe of any. he may find it ved from the Khod/an Laws Oleron^ . I fuppofc.n his Readings. and I lup{X)fe . the Articles of the For further Inquifition of Quinhorvugh ) are of force in the Admiralty of Englavd. or other bad ufage j and how the Mafler and Company may clear themfelves. z. it may be obferved. if any Goods by occafion of the Thirdly. How the Mafler ought to confult with his Company before he put out of the Harbour. what Fraight may be dethe Mafler ought to his (lay in y How make is any place. 1. are vil fummanly fudicio Mar/t/mo. z. Fourthly. not Trad. and what he is liable unto. may fell or difpofe of the Sliip. which are found unfit. I. and others (by which. Touching Ships hired for Sea-voyage Sj and their Proceedings in the fame. brought into the Port of Difcharge. and in what Cafe he may engage fome Tackle. How Maflers and Mariners are to be fatisfied. How far. . Touching the Engaging of Ships or Goods in cafe of neceffity. Touching the fafe keeping and delivering of Goods received into the Ships. How the Mafler and Company are liable unto the Merchant. that there are certain Caules properly belonging to the Conufancc and Jurifdidion oi the Admiralty-Court of England^ it may be more particularly deduced and fhewcd from thefe feveral and relpetflive Authorities. out of what the Romans deriand if any will be further fatisfied. and others : But that . As touching the particular Caufes which may be deduced from the Civil Laws. may cafl: out fome Mens Goods. 4. wherein the parCriminal. but gotiation by Sea. and give Satisfailion. I. or. if the Merchant refufe. or Furniture of the Ship. I. that the particular Cafes therein are as firll. without CommifiTion from the Owners . 5/5 Serjeant Cu/h^. doth acknowlcdg.

placing there. without fpecial Licence. what Reparation may be recovered. der his Charge Harbour. 4. Ballaiices and Weights. in 1 The Mafter being bound by Charter-party to pay Pilotage. 3. Secondly. and if he be hindred therein and ' Damage done. unfeafonable times. cutting down his Maft. Maintainers and Comforters. fo in the Inquifition at Otiin" borough are prefented Matters Criminal. Goods were faved. Of Fore-ftallers. • Sixthly. how far he is bound thereunto. As th^ Roll of Oleron doth contain Judgments or Verdidts . Of removing Anchors. and cafling z. Water-mills. coming within a Year and a Day. Of fuch as claim Wrecks. I. what places' and 2. 4. ought to have Satisfadion from thofe. Of . it overboard. Man-flaughters.. Of Pirats. committed in Ships 1. run away from the King s ' Enemy with Viduals and Ammunition • and of ' with the Enemies. concerning which anciently Enquiry hath been made in the Admiraltyjurifdiilion : Which may be ced into thefe Heads redu-. and Offences. Of Murthers. Of Ships arreftcd for the King's Service. if ihe mifcarry by mif. 9. 2. cannot have their Goods. 10. Qf fuch as turn away Merchandizes or Viduals from the King's Ports. who having taken Pay. having neither Charter nor Prefcription. Maims and Pety-felonies. 8. did traffick Service. Regrators. bruifes or breaks another Ship riding there at Anchor. difcharge Ships arrefted for the King's Service • and of Mariners. in the Tempeft. their Receivers. 96 How 'The Jurisdiction of the whofe the Mailer. Touching Damages done hy^ or hetwixt feveral Ships. fo that the Owners. and in what manner the Damage is to be born. X. Of Ships tranfporting Gold and Silver. as. Blind-ilakes. when he hath brought her into the as. and of Serjeants of the Admiralty. Offences againji the pullick Good of the Kingdom I . efpecially in Civil Caufes. Of Wears. Firft^ Offences againfi the King and Kingdom . fuch 5. Riddles. and concealed from the King 3. when a Ship failing into a Port. breaking the Arreft . Touching the Charge for hiring of Pilots^ and thctrDuty. Fifthly. to fave the Ship and Goods. if two Ships riding at Anchor in a Haven. Of fuch as did furnilh the as. Of fuch as malffi Spoil of Wrecks. whercW Ships or Men have been loft or indangered. There be many other Cafes contained among thcfe Judgments of Oleron ' but thefe may fufEce for our purpofe. which did belong to Maritime Judicature. a. 6. and the Water being low How How the Mafter of the one obferving fome danger from the Anchor of the other* may give notice thereof to the Mafter of that Ship and if he negleft to remove it' may caufe it to be done by his own Company . within the Juriididion of the Admiralty. 5-. How far the Pilot . and Of fuch as take Salmons at cutting of Buoy-Ropes. Of carrying Corn Over-Sea without fpeqal Licence. and of fuch as ufe falfe Meafures. 7. Of Tray tors Goods detained in Ships. ^r. who for Money. • as. is liable to make Satisfaction of the Ship's Mifcarriage unand whether he be bound.

belonging to the Admiral Bottoms. which did anciently belong. Of Ship. of Weits-or Dcrelids. 5. And the Fifliing. and Difcipline of the Sea. that this Jurifdidion was not wholly confined only vil to the Sea. Porpoifes. (hall be confifcated to the F^ajiings . 7. that there were certain fpecial Caufes. Of fuch as. fe'c. Aa2 ASSERT. Judges entertaining Pleas of Caufes belonging to the Admiral. where Ships of the Land may be had at reafonable Rates. breaking Arreft. and the like . 2.Wrights taking cxcefTive Wages. and of fuch as hinder the Execution of the Admirals Procefs. Of Mafiers and Mariners taking exceffive Wages. with unlawful \cts. in Admiralty-C^aufes. and to Ihew. and properly. at That no private Man lliould appropriate to himfelf the benefit of any fait Waters. v/z. and of Courts of Common Law . S.') That Sfiips arretted for the King's King And by King Johfj. This may fuffice to confirm. 6. wherein fome things relate to Conflitutions made by King Richard the Firft. the Navy. by Mcers. : John. 1. 10. Offences againji the Admiral. and of Deodands belonging to the Admiral. 3. Of Mariners rebellious and difobedient to their Mafters. . and that the fame (hould be pulled down. Of Mafters and Mariners contemptuous to the Admiral. Of Of fuch as fidi taking Royal t ilhes. (viz. Of Pilots. both Ciand Criminal. Of Flctfon. Jetfon Of fuch as Freight Strangers and Lagon. Ridles. Affertrd. I z.Admirahj of England I o. Thirdly. or drag for Oiftcrs and MuHels at unfeafonable times. 5. was likewife ordered by King Service. Whales. ij. at Grimeshy. to the Conufancc of the Admiral . fus in the 4. 1 1. and detai- ning the one half firom the King. Sturgeons. cryed common to all People. by whofe ignorance Ships have miicarried. Of the Admiral's Shares.7 Of fuch as fpoil the Breed of Oiftcrs. In the fame ancient Book of the Admiralty there is a Copy of a more ancient Enquiry touching Admiral-Caufes. Of Mariners forfaking their Ships.

Ihat the IV.near. -•'T . fMLiek.1. DeDomMarK "thlrdiy '""iSltl&i Oiippn A iwj^' . Great ^o^d . the Keioiutions Ad. To rpl^fhrSSntofthe^ All oi ine juugc^ which may be added. Artic.r 1. of Queen under afterwards Earl of »«/»gW Sr^LorS«. IhaU of his /uthority as he A S pSmm I I r i' the Firft. may confift mth JmfdiBion of the - of this Realm.^». the Statutes and Lam Admtralty-Com. W W a ehe^^mbion and W^nty rfHm^^ agreeable to % orKl'thofe S^f^^th'^Kch " - Wndlf that the Jurifdiftion is in and Power granted by the King his Letters Paferto'the^AdnSal. in'sir Ed./the 'Alt tte tl^^r'JZt. . under King Charles the moft Illuftrious Duke of according to his proceeding Deputies his and Turthlv Tha the Lord Admiral. ^ /^ W . make a Exportation fsrutrreftrainbg r a statute reKrauiuig the Admiral of j. S:. MaJ^^ Jhall exerafe.:'Drf%afterKi„SC^^^^^^^^ the Second Tork./# Seas.' CommUTions -^-tly gr^^^^^^^ ^:^'Z^£ S^rdXper f^^h^^mfSwhoft^^^^^^ ^ "'' . '"•^•"' ^. injoyned of out time La divers other Nations. r- £. King PhiKf and Queen Mary .—-g— ' The yunjM io n of tbe~ ASS'ERT. mind.^^ . by prefcribing Juftice.! bv aticlent Record of the time of King acknowledged by the ^"'^'X ru^c'LtlZTtL divers other Nations n of the' £«.ade fwhirhProVifion although it felms to have been intended to their Lord Queen and deleft the King it tews wha belonging to the Admiralty-Jurifdiaion in all matters own their Admiral. that the fat J Lcrd Admiral or hu Deputies ItZfainl fj Imuteyt Sioh refpeft of that n. De Deputies of the it That the Kings of and of E«lla»J. ^. according to hu or their Commf m ' J Tr. and by exercifing all kind and preferving A Statutes Sfltntes tor fOT the t™ F^w" & Peace „ Laws and j^^ ^^ ^h«:h may concern his of Authority m matters \ Magiftrate ^^ ^ think fit. oi Charles Queen ii»«&.gi«g to the Sea.ard which more efpecially may be reduced to three Heads.(3 2. St *ptiln only to one irregular Fre- Patents of the Office of t. as it md a.iralitatu.^.U Code's Admiral. ^^y''r^X^i?l<^'^TiS''^l 1 niroiy.r. Admiral of England.^ .oi PrnrppHincT*.^^Lord Maries timc.fo«.y. J^rifd^.:'^iir :dTrr„i:KfaS»ten^^^ ^^'/^'T^i-r Ma. ufaally exerafedtn the s granted by the Kug.^.„ afterwarEarl of £W«A. under KingfW//? and S. Phil. where they by • Commiffion is expSly allowed by fpecial Proof tTorn without Licence. to the time of King Charles. and olee. uje and u! ^ Z.

of the Aa. wherein he had from meddling m his Courts of the Ring and other Lords. 4.med touchng the ^'d^nedj^the^ . being more general. the Maken M W^W . then were things as Sonufance of the Admiral . La. the bufinellcs made within „ r-^ with other things done withm the Bodies of CounSecondly.. it is And MThT^r. it may be Stature « the Hey to open the ». did confult forma froeedend. from King the to belonging Franchifes vers Jurifdi^nons and only to reftra.^ . i chap.skden.> hodteCurum ^ucd ifrum rei mar. That he )!. oi with things done within Ports and Rivers.ard the Firft King John. . S«i as it hath been ufed in the r obfervedwhat S«Ed.r^ the Court of Admiralty to have it had begun. to Ihew the Antiquity of much'm^^'ancifnt! Coun w the Third j been long before the time of £A. becaufe only with things done upon but within the Realm. The Statute of the with things the Admiral from meddUng 3th. v. 1 The which Aa's of r'eftrains Parliament are.m.„.«O-mmentaries.'rX^?o'rdains. W</.Admirnltj of Firft England Averted.«d the M.s the ttSterpittng and deJng and cant. bein"more ''''-?I:i?oTS. . of the Thirdly. ?Ldo!^ 1.Jchkfi Admiral had incroached dithe that fuggefted.^ the Third.n. twemh Year of his Reign. . That of ^ //<«.^ ^^^^^ ^^^^ '"'Ct'c™ may „. who did many iiLilTe And it is Court of Admiralty receitne Good of this Nation. which declares. m that M c— ?fr/?W hnfr davs he favs ient Record'^D. . chap.nHlv That of the ijth.™^ it was before. the for "he Las t°' '*°/rc nriot thmgs glorious othe But the 7.\ Kings time.mtto.r.L Admirahtat. and were formerly held otter Courts of the King or could not be held ftated. the reft Thefirllofthele. and And Sir Ed. which never did belong to any rcaufes of Navigation and proper for the other Lords.. of «. the Statute reftraining him from the rather be fuppofed. Ihat the Vnamlle of . the Ed. than <..y3..• "'rhh-dlv With fuch things as are made or done beyond the Sea.ard Coke.ardah delivers out of fo^c ingthis Statute. but it cannot be imagined.^^C S«Hnn niZe" I . which what thofe ncroaThed upon the Jurifdiftion appear . p. no ways Admiral Ihould be debarred from proceeding concaved that it was intended the Negotiation by Sea.m lately likewife another quo- mi.. quondam Dom.d ret.„uetnr ad fuhd. and. in dilcuHing of . ReZr%cont.^ ^^. in the that manifeft. of ft/c*. the do Firll. that the Admirals and their Deputies ftall Realm but only of things done upon the the withm /one not meddle of any thing time of King Edward the Third.n h. a thmas done witn tnings rncddling wUh ^ ^^ . within the Realm Se- fame King.a.^^^ ^^ ^^. 99^ Contrads and Writings concerning ScaWhere the Admiral meddles with Realm. that T did conceive C«>«« "^' '"'^''" Spelmal writes. . j.1 of they fended to remedy... recites the anthat dreamed had that fome probable. fomc other particular Points to which particular may. a f Now whence with fuch things within the Realm.ry of Admiralty the the of Book ^ nSio^obfcrved by Mr. wherein lliewed that King with all his Judges. or reafonably hinS were it doti.ght and Statute.. which is pretended to exclude the AdmiFour hlv That of the 5th..em £W ^</>. ^.torum profe. Firft.m mtended Parliament the that it may be conceived.«. which Counties.y^^t^^i'i^^^^ before-mentioned. Statute it is n the Preamble ot the and other Lords.timtc.nea- m he refumed ZoCoithe Admralty in the fame. of Bodies hMh ni Jurifdiftion within fue or proceed contrary to that ot the 1 3th. j. the ^. inn% Penalties on thofe who Eliz^leth. ral from meddling may in this place be conMered . that fome Men ^"""ITa ^»«»r Edwar. m.o„fpicuous ^H^^j. Where he meddles • i .

that fuch Caufes as did originally by Civil Law. may be found not fo concluding as they are pretended . 4. that all the Judges touching the Matters therein contained. that he did take them. King of England. That Dyer. to incline to Secondly. in the time of is Queen Mar^j. being the Refults of the former Authorities. and confequently. of /?/c/'W the Second. they may be weighed accordingly. which being admitted. faith. r. intended to reflrain the Admiral of England in Exercife of his Jurifdiftion. and were intituled Le Ley Oleron in the French Tongue. were within the Conufance of the Admiralty-Court . without any notice or refpeft to the Laws of the Sea. ^c. of Richard the Second. Year of his Reign. and ry. are as followeth. that the Law was continued all that King's time. declared. his Council. interpre- ted and puhlift:ed hy King Richard the Firfi. and for giving of Satjsfatlion to fucb as were damnified . which Laws and Statutes were corre^ed. the Cafe di^ionem de P Admiralty. 1575'. That by the Libel le in the Ad- miralty-Court. the Circumftances of the Places being the chief Rule by which they have been framed. Firft. and duly confidered. yet we are not bound to believe that their Judgments are infallible. and what former Kings had anciently ordained for the regulating of the fame j as likewife. or the Condition of Maritime Caufes. Courts of feflions. Articles of the Inquifition. En le haut Mer. I. it may be prefumed. in regard that in the 49th. Ads. and twenty Lords particular Authorities cf The which may be collcded out of Sir Edward Cokes Notes. that the 7th. differ it they very much from the Conceflions of the Judges of the King's Bench. in hh Return from the Holy Land. Sir Edward Cokes Articuli Admiralitatis.loo The Jarifdi^ion of the maintaining of Peace and Juflice amongfi the People cf all Nations whatfoever^ P'^ffi'^'g through the Englifh Seas^ and for punijhrng cf Offences. Laftly. faith. in the time of King Edward the Third. Judicial A£ts. fuhfcrihed unto hy them. fuppofed to commence fur haut mer. who lived in the time of Henry the Sixth. of Fehrua^6^^. belong to the Admiralty. That in the ad. de fado fuper alto Mart. That thofe Judgments. as it is granted in the King's Commiflfion. l^i^txnici funt fuh Admirallo Anglire. in an Adtion of Trefpafs brought for a Ship and Merchandifes taken away. Such Judgments and Book-Cathat which is mofl to their advantage. and what are contained in the Inquifition taken at Quinborough. upon due Examination. Thar the Judicial Proceeding as Prohibitions. but only of things done upon the Sea. from the Refolution of all the Judges the 1 8th. they in the That touching fome pra£tifed after the Bufinefles propofed in the know no better Advice nor Remedy than is which had been formerly ufed and manner which that contained Law of Oleron. ou les Normans que la enemis la Roy .• where there is any Competition or Emulation with others. the Defendant pleaded. Common are in Caufes of difference in refpe£t of Jurifdidion betwixt the Law and the Admiralty-Court and it is incident to all Pro. Si quce fuper ahum mare extra Corpus Comitatus in placito coram Admirallo deducantur per tefles terminari delent. the feleded Sea-men for the Inquifition at Quinhorough^ in the Conclufion fay. to prove that the Admiral of England hath no Conufance of things done within the Realm. That many of them. and although much Refped and Reverence be due to the Authors. in the prefence of King Charles. fach as were agreeable to the matters decided in the Judgments of Oleron. Plea. it may be anfwered in general . Judicial tute of the 1 3 th. the fame are permitted to be tried and determined in the fame Court. i^s have been grounded upon the common underftanding of the Statutes. by the StaAll ' and Book-Cafes. Touching the Judgments. And it is manifeft. of Richard the Second. and it was allowed a good 3. ^ intra JurifTo . Thirdly. carrying the Reputation of the Refolutions of will appear. That Fortefcue. Fourthly. Touching the main piece.

ined according to the Proofs made by Wit- and no more . Knemies. in olfering Violence to the King's Subjects. or Navigable River. nefles. much lefs conclude. or Negotiation by Sea. In regard the Ship and Goods were taken from the King's be had. in Caufa Crjili ro places ^ ^ ^ ASSERT . of Richard the Second. grants. and Arms within the Land . thefc Authorities may be pnfwercd in general . no otherwife defcribed. in the 7th. and generally the Caules are Maritima. that the Admiral-Jurifdidrion likewife to matters of Navigation. the Law of the Kingdom doth allow of Proofs by Witnelles . or the And in fuch Cafes it miglit be under flood. but ordinarily. Caufes are laid only /»ira JfuxHm refluxur/t Maris ^'JunfJitHonem Curia . done upon the high Sea. that his Jurifdidion extends to Deeds of War. Touching the Authority of D^er. as to the Particulars 1. but that if it extending to the high Sea. or>ly Crown. as in Caufes commenced before the Admiral for things done on the higii Sea and likewife before the Conftable. &c. that by Libel in the Admiralty-Court. In regard the thing was done where the Country could take no notice. Super alto Mar i infra jurifdicUonern Curia . not only Jupcr alto mariy but alfo in other places elfewhcre. That for things done in otlier places. The Phea to the Adlion of Trefpafs.. and other Nations. it may be anfwered. beyond the Sea . but A. Sur la haut mer. that he hath no Jurildi£lion clfewherc . might be good. ?. That it proves by exprefs words Fortejcue having given reafon that the Admiralty is confined to the high Sea. 4. : But it cannot from thence be argued. as it will be proved. tlic Statute of the i 3th of Hnhard the Second hath no luch Attribute. Whereas Fortefcue fays. tJie Cafe is furmifed to commence. Fird. although the Ship and Merchandife had been taken in a Port. and Negotiation by Sea. and therefore no Jury by twelve Men could Secondly. of RicharH the Second. confine the Admiral's Jurifdiftion to the high Sea.. And. profecuted beought to be deterrr. as well as over other Perfons . againfl w horn no Trdpafs could be committed. or againfl the Teacc. X. that the Ir/JJ) were fubjcil to the Admiral of England for a tiling done on the Sea. That whereas fome of fpeak of Altum Mare. Admiralt) of tjigland Averted. for Tryals by Jury. bccaufe that to o^cnd them any ways was lawful j and in that refpccl the Plea might have been allowed. contra B'. than he doth the Conflable's . that things fore the Admiral. chat the Libels in the Admiralty fometimes ( as the bufinefs falls out) declare. The Authority of the id. mentions not and happily it might be for fomc Offence againft the for what kind of thing . he doth no more exprefly things done beyond the Sea. which affirms. but mentions fimply the Sea. for So that it is evident. do not declare. that he had JuSubjects of his AUics rifdiif ion over the Injh^ as over the Subjc:^s of Engbrirl. That the fame Autliorities granting that the Admiral hath Jurifdid^ion on the loi To them Sea. when the Neighbourhood of the Country could take notice of the Bufinefs. he might alio have had Jurifdi(R:i()n over the //•//?. Sir Edward Coke affirms. 3. and allowed in two rerpe<^s . Firft. were a Bufmcfs concerning Navigation. it being notorious.

Gfc. let there he Writings drawn and fealed • thereupon. P.i. and other Deeds. and his Lords. Se/c/en takes notice ) it appears. both in Names and Nature. which is commonly called a Pramio . Naples. confignata funto If any Man fhall hire a Ship. Firfl:. That the Contents thereof jhould be underflood according to the Law of Oleron . if it concerned Merchant or Mariner.B. that no mention of them can be found in an)^ Law or Statute of this Realm. And fo much may be gathered from the Order which Weft obferveth in his Book of Prefidents . that fuch Contrads been before fully Ihewed. 557. Bills of Lading. but it is maniteft. Maltnes confirms. . over. Notes upon Fortefcue. Policies of AfTurance are grounded upon the Civil Law \ which alloweth an Aftion for the undertaking a Hazard which is doubtful. Of we// for matter of Fait. things foreign to the Laws of this Realm. to hold the Conufance of Char- ter-parties. Average and Pettelodmenage . By Commiffions from time power is to time granted by the Kings of England. to the Admirals. and are. Ad cognofcendum.1/. 14. That the V. and anciently determinable by the Law of Oleron. called Sponfiones Mercatoriee.6. pradifed on the SeaCoafts of France . that anciently in Charter-parties it was exprefled. until the 3zd. as things of a diflinft and feveral nature. Que comment divers Seigneurs avo/eno franchefes. mention of Charter-parties in the Roll of Oleron. The Caufes and Suits arifing by occafion of Bufmefles contained in fuch Writings have in all obfervablc times and places been held to be Maritime. as it hath And it may be further confidered.21. after the Forms of Deeds and Contrafts proper to the Common Law. and Affecurationes . that it was ordained by King Edward the Firil. for Reward or Confideration firft given. caj>. cap. where. at Hafimgs. and the Conufance of them hath been allowed to Maritime Courts./ry the Eighth. Policies of Ajjurance. Secondly. was done in favour of the Admiral's Jurifdiftion in fuch it that yet it may be faid. by which it was provided. Admiral of England may hold Coniifance of Con^ traBs. he handles thofe which concern Merchandizing and Trade by Sea. things no where occurrmg in the Books of Common Law. were taken up in this Kingdom from the Laws of Oleron. Obligations. and in the made for the Reglement of the Admiralty of France-.i^.. There is likewife French later Ordinances. That the Merchants. That although divers Lords had divers Franchifes to try pleas in Ports. as it Ihall be hereafter ftiewed.102 The Jurtfdi^ion of the ASSERT. they are. as of Ships. Bi//s of Bottomry. of King ^//(?. f. and at this time there are Claufes ufually inferted into them.l. cap. which Malines affirms. and of Sale of Thirdly. touching Biifinefs of Navigation and Trade at Sea. Y Secondly. Matters. that now they are likewife in ufe in Venice. 29. yet that neither their Stewards nor Bayliffs Jhould hold any Plea. and it is fuppofed. an ancient Record in the black Book of the Admiralty ( of which Mr. . Lex Mercat. Touching the Particulars . befides the Payment of Freight. Ships. although it extends only to inferiour Lords. and Writings have their Original from ancient Maritime Laws . of later Civilians. Charter-parties feem to have been derived from the Rhodian Laws . enjoyning. &c. (hall make Allowance for Primage. Which. where the ConuMorefance of them is referred to the Admiralty. and Writings made at hand. Si quis navem conduxerit^ inftrumen to. given.

as happening Richard the Second. a. the faid Ship fo bargained Men. of which of this kind. Sea. That whereas that of the 13 th. and the Profecution of them. of Elizaleth. in his Prefidents. Fire and Enemies only excepted. in regard the word Realm. chap. chap.comment in ward Coke ohferves. For the reflraining of the Court of Admiralty from proceeding in Sutes arifing from fuch Contrads and Writings made at Land. to be paid when the Ship arrives mance of the fame. Touching the matters with which the Admiral. Bill the Port appointed. as the Statute of the 3d. commenced in the Admiralty. Law. and Borders of Shires. Bills ^ d. chap. 1 hat he that fells the Ship. and thereby engages his Ship for the jx^rforarc grounded on the ancient Grecian and Roman Laws. out of the Bodies of any Counties. 15'. is not to meddle within the Bodies of Counties. 34. tiions. c.tit 2. and things done within the Marches.^. the danger of the Sea. And Secondly. it may be conceived. where the Proceedings and Judgments are according to thofe Laws. fo fpecially excepts of the Sea. as to the place. Chapter only in general reftrains the Admirals from meddling with things done within the Realm. that is relating to the Sea. it may be thought reafonable. and in what matters they fhould not meddle And touching the places. this Statute declares it ftraiter than that of the 1 3th. Firfl. in a general fenfe. his Bills of Bottomry Voyage. for. this Statute Wreck of Sea. and other Maritime Laws. to warrant and defend. amongfl the Authorities cited by Sir Edward Coke. both in what places. it is to Maritine Laws . or Terof the Sea. dicuntur. in the Civil D. the Laws amongfl Merchants./. Jul/us Pollux. Some Judgments given. againfl ail one whole Year and a Day. the Confolato. The A6t of Parliament of the 15th. a learned Expofitor of Terms. Maritimte.lil/. that fuch Contra6Vs and Writings being grounded upon the Civil Law. being no parts of the Bodies of any Counties of the Realm rifdidion. that he intended a difference betwixt the Bodies. Spain and Portugal. alfo the Coafls 5-. that is. fhould rather be determined in thofe Courts. the Sutes arifing about the fame. and the Extremities or Bounds of Counties . as Sir Ed. Touching the Statute of the 15th of Richard the Second.^. v<tjJ]imr cvfy^lu). extends to the Sea within the Kings Domi. and Prohibitions eranted in the Courts of Common Law. of . and Laws of Oleron. ritory of the Reflraint. concerning Caufes of this fort. of Edward the Firfl makes a difference betwixt things done within the Shires. Pleas and Quereles . of Sale of Ships are made conformable Form. declares the Reflraint to be only within the Bodies of ^^' Counties : And it may be fuppofed. and fold. Contra^s. qute trans mare vehenda accipitur. is called Pecunia traje^itia . Money upon extraordinary . there may be intended. VJuth. deUvers the in fuch Bills of Sale expreded and declared. and in other places where the Affairs of the Sea are regulated by the Civil. Thefe things being confidered. his Executors and Admi- niflrators. which is the Ground of the main Obje£lions againfl the Admiral's Jurifdi£lion. by this Statute. as the main Sea. than in other Courts which take no notice thereof. Thirdly. quiS de nautico f rtauticum fcenus. Whence the Statute of the for : 5th. although the Bufinefles therein contained are to be performed at Sea. according to the Law of Oleron. to furnilh Interefl. as well as to the Land. Pecunia trajeiUtia dicitur. ufura qux ex pa^o in earn pecuniam prajiantur. the Conufance of from the Admiral's Juon the Coafls or Shoars So that. of which Salmatius. or Words ufed amongft the Grecians. as Weji. or Mailer of a Ship. Secondly. Perfonal A£lions concerning Contrails./. and in that refpefl. 1 03 Naples. calls a tenor e confer ipt a ejl . takes at up when an Owner. binds himfelf. ^ nautico.Littleton. B b Touching . allows to the Admiral's Jurifdi£lion.Admiralty of England Averted. 33. of Richard the Second. and the Moneys fo lent to be tranfported at the hazard of the Lender. Genoua^ Ancona. are implied Matters Criminal. and allows them to meddle with things done on the Sea. they are exprefly declared j Firfl. Fourthly. there are feveral Titles in the Dieeft and Code of the Civil Law. this Statute was intended to declare more exprefly. appliable to this purpofe.

from the Sea m arife to be faid rels occafioned by the bufinefTes of the S. which of Richard z. the ses. The Jurifdi^ion of Touchins the Firft. Chap. the reafon of generahtm. reftringendatamen eft. allowed as he fays by all Laws. Contrads. cohi. . • cited by Sir Edward & may be gathered from the Preamble. and Quarrels.. nonvidetur Legi/lator id fenftfe. cognito have ought Law Common of Courts the why any Reafon can be Ihewed Caufes. . And if delivers touching the Conir^u. which concern of Counties. Contracts. words are fo general. by relating to MaQuarrels or Pleas. tutes ^iz. the arifing within the Quarrels and Pleas. utcejfante ration^ c. the Admiral ought not the Sea be made or done within the Bodies thereof can be fhewed./^/.. that only concerning Marine was it ought to have Jurifdidion upon. which minifh any of their Ancient and juft rights in the Statute ot the 1 5 of /?/cWi are permitted. n tj 1 ihould alter or And that the place only. ri r> id i taken into confideration a General Rule In anfwer whereunto. Marine Caufes. hut all Cuch Contrails. but if a Contra^. yet done upon the Sea conor made A^ere Caufes. Yet if Conters concerning bufinefTes of the County. fd anima. Cum fit amma Lerine affairs. zance of made or done upon the Sea . and Contrafts. ^ ^ ^ o n prima facie aliter'fuadeat. this AfTertion.e a Contraft is made or written. Sea concern foever. Pleas and Quarrels that acknowledge. aliter prima facie alit as verhorumgener ?«. Plea.ea.33o. nor the thereafonof this Statute. Becaufe Exjaaq jus oritur. etiamfi formerly before this Statute any pretence. or Quarrels./ and remedied all Contrads and Writings whatpretended. than from the place where the bufineffes of the County. as the Key encroaching of divers Jurifdiftions.p. Whidi C. mn videturlegtflatur ipfa ceffet^cum enim ratio fit And fuadeat. or MatTerrene concern which Quarrels and Pleas. or Quarrel although the Admiral had and done upon the Sea. and Quarrels jhall he iithintheidiesofany Counties.?.lOzj. Pleas. That the Judges Admiralty hath aiid ought to have the &c.. .<. . Qmmvulex7eneraliterlo<iuatur. part made upoi the Sea or any that any Prohibition hath been Jurifdiaion. hMes thofe they were King. . Contrads.. the Sea. 3.u.m/. deterr^-inedi that in conflrudion of StaCoke. which concern the words are. able. Written. or Matters belonging to trafts Pleas. even of fuch as the Bodies of any Countries. and allowed to the Admiral. may So it is properly laid. faith. they ought to be underftood of if they be made. And not to dinufance of feme matters did formerly belong things belonging to the Sea. may fo Contrafts. from which they matters of right. or matters whether Confideration.«I. or Quarrel the County. by Courts of any other Lords had and unto which neither the Kings Courts. Pleas. may feem very unreafontransfer the Jurifdiftion to the Courts of Common . Verhorum quod ratione caret. Sir EdmrdCoke in his Anfwers to the Objeftion of the Complaint 80. which Interpretation common flrudion of Statutes. as feJk quod ratione caret. Firft. Plea. how acreafon no to have' the like Cognizance. the Uat the Court manner of Conufance of any Contra^ ^^''^ of Admiralty hath no Pleas. there may be t is . By which words he implies. what places foever they happen to be made. Ratio the Rule being. Law. the hy fQ^'']

]H tried. may more properly be faid to arife frbm they happen to be made. to extended are Bodies of Counties.«m. Contra^s. _. and are caufed. andthatnoPrefidentcanbe {hewed. for that & lact. thereof. whei. or written within bufineffes. and Profits pertaining to acknowledged that the Comnt or ought to have of rzght j by which words it is to that Jurifdidion. a Probufineflesof concerning cerning any Terrene Caufe. etiamfi gis. vigorque ipfm legu. .WC^^^ Sir cording to the general Rule which is made of that of the 15.7^of Contrafts. and Quarrels occafioned by Pleas. for the reafons following. i. or from the relults Law the a^o oritur ex deMo. FranchiAdmirals thereof was to hinder the and other Lords. . of worthy feem may it Now hibition might be granted. concerning any Marine caufe made or granted for any Contrafl:. bemg thmgs incorporeal or that. or occafioned. and Quarbe faid to arife within the Body of the County. canbejuftified.

For the better difcerning of the meaning of this Statute. or not performed. the Plaintiff may fue his ailion or Quarrel before the Juflices of the Staple by the Law of the vStaplc. ch caufam aHqnam a re maritima ortam^ and Salmatius ( as before ) faith. quia cujus juris. of all manner of things touching the Staple. or ill performance of the fame. or without. Fourthly. or written . unlcfs he make choice to fue in fomc other place of the Common Law .i^e. the Lord may complain thereof to the Ordinary. efl in writes. or written within the County. ejufdem erit accefforium . Secondly. although made. it admitted. (hould be tried before the Judge of the Admiralty. made from the place of performance. or other Towns.. quiafemper videndum propter quid aliquid And again. That where Contrails or Covenants did concern B b z . Burroughs. vel promittatur. than by the common Laws or Cuftomes of the Countries. where her Husband lived. whofe Office it is to determine Maritime caufes. Secondly. That the Merchants bufinefles. the Law-merchant. it allows Jurifdi«Slion to other Courts . pour le fait de la Mer^ Mr. et(j mmnn m ^ D» Vufum '^•^* ^. ^'"''"*- vec enim id geniu cotttratlus cft^ ut tarn cum locumjpednri oporteat^ in quo inllrumeMtum dot is matrimonii reditura a^um eji^ quam locum domicilii^ in quem mulier per conditionem erat^ When a Dowry is to be refiored to a Wife^ after her Hiubands not to be death or divorce^ it is ejlimated^ according to the 'value of things where the inHrumeut or deed of the Dowry was made. in 3 Chap. although Sutes touching Tenures and Services beJit. from which may be obferved. the Common Law is not fo ftrid. where one party is a Merchant. And certainly if made of the Law. it is offered to confiderationwhat hath been the fenfc of Parliaments in preceding and fubfequent Statutes. Thirdly. and Pleas and Quarrels arc occafioned by the non. 105 and the Adlion is occafioned by the fault. of which tile Vicinage to the place where the Contraft was made. MmIter exigere dotcni ill/c debet ^ iili maritiis domic ilium hahet^ fton ubi inJirumeMtum dotale conjcriptum f//. by the Ecclefiaflical Court. and not by the Common Law of the Land. And in another place he gives a reafon for the fame. id. and Merchant or other. So Tj/p/an a famous Roman Lawcr faith. ^c. fl? all have Jurifdidion and Conujance within the Towns where the Staple Jhall be. it may be determined by a Jury of the place.performance. and determined only by the Courts and courfe of Common Law. which fhall he ruled by the Law Merchant. and Sir Edward Coke in his Comment thereupon obferves. Frank Almain^ fail to perform divine Service. viz. in foro Ecclefia^ico terminari ^*"*"»«principale. conftruilions are what would be more Thirdly. That the Mayors and ConflaUes of the Staple. but according to the value of the place where the Dowry was to be made good. nor by the ufage of Cities. long to the fame Courts of Common Law. that the Law doth appoint every thing to be done. That a Maritime Contrail. yet Littleton fliews. For although Promifes and Contrails of money. Seldett renders it in Latin. were made of this Statute. being to have fomething performed. that is the place. But if the Plea or Sute be ( as moll commonly it is ) whether the Contradl be performed.Admiralty facV. and therefore it is improbable that the Statute ihould intend that fuch Sutes (hould be tried. jurifdi^ionis. that the end of a Contract. ufur^ ^^^^ tra'jetl'ttiam prcejlandtje propter pecuniam terris maritma ^ nauticce 'vocantur. Firfl. the 3. than the place where the Contract was made. yet as Bra^on Dmidno debent. That if Tenants in Sca.wtur. So that all manner of Contrails and Covenants made betwit Merchant. whether the Contract be made within the Staple. of England Ajferted. are generally Pleadable in the Courts of Common Law. where it is declared. d. it cannot be determined but upon proofs. caufiS de rebus promiffis ob caufam matrimonii. but that according to the nature of the bufinete. for that if the QiJeftion be whether a Maratime Contrail were made or no. Lord hath remedy for his Divine Service ( albeit it iffue out of tem- ) in foro Ecclefiaflico. by the Judgment of the Parliament. ' f^'H^e. So where the Jurifdidion of the Admiral of France^ is faid to be. The place of performance is more confidcrablc. as firfl in the Statute of the Staple made in the 27 of Edw. can take no notice. by thofe to whofe Office it properly appertaineth^ the and fo faith poral Lands eafily he. difcufled. were held fitter to be regulated by a fpecial Law.

not having been let ten hy wind or weather. to their great churges.. Provided always. Chap. it was Covenant were made or Contrad the whether Jurifdidion. that he amongft others. thereupon it was to p. The Statute of the 52 of Hen. that if any Merehant-(iranger. and according It is true. Parliament to pals that Att. or not paying the Freight according to agreement in the tame contained afld expreft.uesof every feveral afjurers hy Sutes commenced in her Majefiies Courts. ena^ed. was one who upon experience of the great inconveniences which followed upon the (i^ awing ol tho e Caufes. toffek their t^o. firfl. and . or hy long delayzr. delay. hy negligent Wares. without protra^ing of time. to point of Staple. and without delay take keeping of his fuch order therein. and held Pleas of Charter-parties. in a brief Malines aiErms. touching things to be performed at Sea. againfi the faid Owners or Mafters^ who fhall or may fummarily. the caufes being hmc irJe reciprocal. concerning the Shipping of this Kingdom. either in not Lading tneir Goods within the time appointed. the Lad/Mjiof made tetwixt the Owner. which fh all he hy the f Ship or Veffel. the of precinGs the within or without The fubfequent Statutes are that of the 31 of Hen. to belong to the Conufance of the Courts of Common Law. cr damnified.nned. the 2. or protratling of. El!zahethy of with Policies of AfTurance. chap. an A^ rion was brought upon the statute. c. his Lieutenant. by William Hore againfi Jeffery Vnton. giving power to certain CommiJJioners (the firft whereof is the Judge of the Admiralty) to ord^rand decree fuch Caufes. becaufe they are ufually made at Land. of double damages. his Mailer. Iliud quod in uno eodemque judiciG terminan por. and declared Touching Charter-parties. time.1 06" 'The Jurifdi^ion of the not thought conconcern Mei\:handize. or other. 14. and it were very Owner!>. Ihat whereas dif> ferences growing upon Policies of Affurance -id proved by the years . and and provide that all Wares and alfo that they. or fuch as (hew that {incethe making of the Statute of the 15 of Rich. and fummary courfe. That the Owners^ the Freighting^ or or Majiers make their departure from the Port of London . until ihat cf late fought divers perfons did withdraw thf:-felves from that arbitrary courje. 2. 6. and their Servants brought into any Merchandifes. or matters belonging to the Staple. before the Lord Admiral of England for the time being. within the bodies of Counties.. who had fued the faid Hore in the . chap. fiderable. Chap. declares. from medling Law Common of the Courts hinders which i x. to the Courts of Common Law. which declares and that of the 43 that the Court of Admiralty may hold plea of Charter-parties . or any of the Mariners of the faid Ship. I. who did jpeediU been ordered by difcreet Merchants. inmaking of the Voyage. 3. which may be conceived to be intended to debar the Admiral from the Conufance of Contracts. 8. prohibiting the employment of Foreign Ships. and delay. and every of them to his power ^ fha/l fee aid Merchants. or d. and Writings made at Land. without ferm-alities if pleading and proceedings.' X. and have draw the parties affhred. apud diverfos 'judices ventilari. if the Mailer or Owner having duely performed their Voyage. that the Cafes expreft. are for the Merto right and jufice in that behalf. according Satisfaction for chants to recover 2nd Mafters of Ships.g. Jind himjdf gr/eved. \%. or Deputy. which two things are the main matters endeavoured to be mainrained by the Statute of the i f of Rich. hy the faid Owner. or hy the faid Charter-party. as Jhall be thought to their dijcreticns mofi convenient. that a Commijfion fhould begr. Lord Mayor. wind as as foon Ship.. 14. that in the 3 1 of Hen. the from to the Charter-party unreafonable. Chap. and not beiore. not oblerving the Charter-party. ordained. the Courts of ^'ommonLaw have folicited the The Legal authorities admitted.T mage done to their Goods.r being fometimes held an abfurdity. apdecide thofe Caujes. of Policies of Aflurance. The Statute of the 43 of Elizahtth . he fhall and may have his remedy by way of complaint. might not feek the like remedy beiore the fame J ic^ge againft the Merchants. fl^all he honejily and in g''od order faved and kept . it is fliewed fomething concerning Mariners wages. or Majkfy and the Merchants. otherwife than fhall he agreed in. after according to the Charter-party will and weather ferve. 24. or Merchandifes.

that the Contraft doth rife only there. 8. by virtue of the Statute ot the 3x. but the laft. quia contrailus ille Touching that of the x8. touching a promife made at Dartmouth. 8. 5. Kcfv-im Sarum rnfra Corpus Cvmttatiis. ton.Rich. That the ifTue did ante out of a place in a Foreign Kingdom from whence no Jury by twelve Men gilt be had. upon a Charter-party. that Judgment may be thought not to have been grounded fo much upon Reafon as it was upon the common received Opinion of themeaning of that Statute. from a Policy of AfTurance. the AfTumpfit was made at London. and the occafion thereof. as it is therein related. might fue in the Admiralty for damage done to his Goods aboard a Ship. of the Book of 48 of Edw. m and the whole Bench refolved. yet if his wages be not paid they (hall be demanded in that Court. that. Nemy per ley Mariner. betwixt Hore and TJnwherein double Damages were given for fuing in the Admiralty Court upon a Charter-party. wliich was afterwards furprized by the Spaniard upon the high Sea. in general. where it was undertaken.m the Realm of France^ and the matter was there adjudged:To which may be added what Sir EdvcCoke delivers tor Law in Dowdales Cafe. in regard. and 40 1. and in arreft of Judgment it being (hewed. Admiralty of England Ajferted. and it fo appears^ the Tryal fails at the Common Law: But here. whereupon he was condemned m foo J. in a Cafe betwixt Crane and Bell. for the breach of Covenant. Fourfcore pounds. although it be moft probable . ^ whereby . Again. in not ftaying at Muttrel in 5/>j/w. Touching the Particulars. and if it were fo. it be replyed . -l. contrary to the Charter-party. Sir Chrijlopher IVray. and therefore the Tryal ot" neceflity (liall be there. faith he.6 oi Elizabeth. the Ship being Arrefted by the French King in the River o{Somme. that the Plaintiff ftiould recover 500 1. are grounded upon the commonly received fenfeof the Statute of the i^. of Elizabeth. fictus junvlus fuit. fo many days as were Umited by the Covenant. which is the ground and foundation of the A£tion. yet the promife was upon the Land. and the Arreft which is the liTue. an Adion of the Cafe was brought in the Kings-Bench upon an Airumpfit. That a Ship (hould fail lafely ^xon\ Melcomb Regis to Abhevil \n France. from whence in truth it doth more properly arife . where it is faid. in the County of Norfolk. without any refpeft to the place where it was made? if no reafon can be (hewed. Tliat in tha 38 of Hen. or otherwife it (hall not be tryed at all . 107 the . where it is made or written. it may be hoped that it may not be held a Crime unexcufable. is not the ground of the Aftion. if To thete Authorities may a Man Ihould doubt of the reafonablenefs ot thofe Authorities. of Hen. it is faid. Agiin. juntlus fu/t ^ ^ whcreu|X)n damages were colls ro aflclled againft the Dcfcrklant to an hundred Mj^rks. tor although the taking were upon the Sea. in the Kings-Bench. it wa!> held not determinable in the Admiralty. without any refpe£t Po the nature of the bufinefs. Cum combien le contrail comme le performance. CfTc.of FJenry 6. but theAlTumpfit. apud novam Sarutn. is wholly elone beyond the Sea. ^c.Aumiralry tor Fourfcore pounds upon a Charter-party of Freightment of a Ship ot the laid Jepyes. And whereas other Ads of Parliament have in fome fpecial points ordained and declared otherwife. Concerning Policies of Afllirance. bccaufe the Charter-party was made at Thetford within the Realm. bv a i>eed indented which was made at ThetjorJ. and that therefore the Tryal was not fufficicnt. That if a Mariner make a Covenant with one tofervein a Ship on the Sea. by the Common Law. that in the zS o( E/izuleih. that in the 7. that the Sute was upon a Charter-party of Freightment. Touching Mariners wages is.. Evangelilf ConjLxnfme fued Uu(^h Glynn. w^en as well the Contrad as the performance of it. It doth not appear it was for the freight of the Ship. why the Matter of the Ship (hould not as well fue for his Freight. imployed to go towards Ip»c/. As Firl\of the ^i. That the Ship (hould pafs witliout taking. bcfides the cofts and damages. as the Merchant by virtue of the fame Statute. ContraHiu ille apud non fuper altum mare Jaths.

That the Tryal muft be at the Common Law. withor more properly have been tryed in the Admiralty /br/#«.u And as touching the infinite Prohibitions granted upon Sutes and made declared fomething Admiralty concerning Charter-parties. upon an Obligation dated at Harflet in Kent. Court . although Mariner a if faid.^. to the inconvenient altogether were thofe Caufes at the CommonLaw. to other taining of Proceedings iofuch bufinefles.^ and^whether the former Judges. by Men. yet m make paid a they fliall be demanded by the Common Uw. be^ Plaintiff the whole Bench refolved.io8 The Jtirifdi^ion of the for breach of Covenant in a Char^ whereby Glynn was condemned to Conflantine though fomefar more reafonaWe Cafe a fecms ^r party. and that the Arreft. Another was due by covenant. That the m Norfolk within the Realm. That the Affumpfit As Reafons.'s The fame. m done in War m France. appear reafonable hereafter. from whence no Jury. That the fum Ano- b War. in the firft is premifed formerly fo that Only that is what Chap. may from this Cafe be excufed. in Ca k had that in Tmbargo or and foundation of the Adion.Wc.of Bookof the Thirdly. proceeded well or not. which might Tryal no been have could there for otherwif? could have been noTryal in any there havffavour'd of fome reafon. the Arreft. So that u is plam it was . tmna Pri^vous. ( Conftable and Marlhals-Court . ceedings mainthe Cafe for Kingdom: yet in regard Sir Edward Coke'sKGzions in Dowdales the to matters. touchingthat of wages to ferve in a Ship on the Sea. but the Caufe the AfTurance-Court. been hath it though by the Statute of the 43. That £^H. Charter-party.. befcaufe it is not becfm^menced at the Common Law upon a V^^^^'y^^^''^^'^''^']^^^^^^^^ Madrill. had touching Judgments and judicial Ads. > not the Aflumpfit. they ftiall be demanded in that Comthe at brought being Law Mar n'er. againfta Sutemthe Charter-party. other Court.r^ 48. Sir Edmrd Ihould recover coft and damages. theremade in Normandy. or theConufance thereof did belong to the Common brought upon aCharter-party. an been not had Affumpf^haveproduc'd an Adion. out a Jury or Tryal of Twelve the 3 where it is faid. could the neither AfTumpfit. were whether that faid. Sir£^«. ZXt^SkEdlardCoke had incompetent Jury . fo many days as were Iimitted by the of Covenant. was no matenal. and the confideration was Service growing due for Service done demanded upon one of the Judges faid. and the neareft and immediate ground of the granted that. Common Court by be not paid. might be recovered in that be not wages his if Covenant with one to ferve in a Ship on the Sea. it was alledged a Foreign Kingdom. no been no ground of an Adion. if there Aftion ? without doubt. yet if the if a Mariner make Covenant only the not by Law. that an Adion of Debt whereas in truth it was mo^ Law. Law. tl^ Caufe ought to be tryed in the Man to go in a theCaufe ) faid that he hired a as it feems willing to retain ther yet what Realm another done were Service the mefTage to Rome. in the fum of 500 1. the occafion was. ^ the commenced in . but which (as it was declared ) was Common Law which intended a Tryal of the in Iftue : And it is likely that the But which was in IfTue to be tryed Vicinag^ intendedit of the thing or matter made is AfTumpfit the where of necaffity he further argues. if there had been Butwhatwas Arreft. by the IlTue did arife out of a place in Coke^. If poflibly ^"^^^g^ ^erchams it mipht and Maritime being it was the Arreft.ys that Sir Chnjiopher Wray and Twelve Men might be had. acknowledeth^ as Witneffes. maybe applyed concerning obferved may be prejudice of the Admiralty-Jurifdiftion . in not flaying at thought no concluding argument. there may be ' . fomething is the ground firft. it Charter-party may upon a butthataSute denied. But whereas when in the ArAdmiralty for Freight grounded on a that the Tryal was not fufficient . of Elizaheth. becaufe the reftof Judgment.&c. for it was taken ^r m what was chiefly in queftion that was done in London . yet if the Sute were tTueorfalfe tryed by a competent. the Common Law al~ As tothe inftancesof Policies of Affurance held tryable at that the Proihewed. it is as Thetford at caSfc he Charter-party was made the fuggeftion in the Iflue. in another place.

tliat if it were in llfue whether fuch a Covenant were made. they fay. by the Statute of iz Hen. 8. although the charter-parties happen to be made within the Realm. jor Freight or Mariners wages. that it was there further agreed. 14.ix. That if a Sute he before the Admiral. That if Sute fhall be made in the Court of Admiralty. it was agreed unto by all the Judges and Attorney. This u agreed upon for things to he performed upon. Firft. but fuch as for his inter efl makes himfelf a party. or if the Queflion be made whether the Charter-party were made or not. but a fuit to another purpofc. amending. May. for building. or whether the party did releafe. 8. or jor breach oj Charter-parties for Voyages to be made beyond the Sea. though the fame Charter-parties be made within the Realm . againji the Ship it f elf. chap. or necejfary viilualling of a Ship. and according to the good meaning of the Statute of i-L. as Averted. faving. whether in the not a Rcfolution of the Court. The Anfwer is. a Prohibition is not to be granted. no Prohibition u to he granted^ though this be done within the Realm. though the Charter-party he made upon the Land. is75. or beyond the Seas. But if the Sute be for ttie penalty. ASSERT . fo as the penalty he not demanded. Secondly. 14. Admiralty Court."^'^~. \ 09 the ground thcreot might be. and although the money he payable within the Realm. or a denial upon Oath tendred.General before the king and his Counfel. chap.Admiralty of by way of argument England die. it is to be tryed by the King's Court at H'^eflminjler j So that at firft it be denied upon Oath that a Charter-party was made. it might more properly be tryed For confirmation on this point. according as it hath been accuftomed time out of mind.That the Judge of the Admiralty may have and enjoy the knowledge of the breach Charter-parties made between Mailers of Ships and Merchants for Voyages to be made to the parts beyond the Sea. and not againji any party by Name. to which it may be added. but it doth not conclude but that if the QuelUon were.IIen. and one Man's opinion And the fervicc in the Ship were performed on the Sea. it might be trycd at the Common Law. To the 4th Requeft of the Judge of the Admiralty to the Lord Chief uJ lliceof the Kings-Bench.

removing of Anchors. and uncertain. and divers other matters. apparent that Ports. the ufing of unlawful Nets. or Jurifdidion of any Contradl'. are places where Maand caufes of Difference concerning the fame. Secondly. the Court of Admiralty hath declares. &c. it doth not only debar the Admiral from the Conufance of thofe caufes. Richard z. Annoy-ances of the PMck-paffage. and not to thafof the Admiral. it is /.. Selden maintains that Navigable Rivers ^^e in the King's fpecial Dominion and Proteftion. fpe6t are pretended likewife Statutes. which he is fuppofed to have encroached to the prejudice of the Courts of Common Law. Ships. they . and Forefis : For the Fublick Rivers. lex generaliter loquens reftringenda efl . the dregging for Oyfters and Mufl*els at unfeafonAgainft the Admirals Jurifdi(aion in this reable times. and Merchants F « I . or any other which thing rifing within the Bodies of Counties. may happen. that every Water which flows and reflows^ u an Arm of the Sea and Mr. Book-cafes. and it is allowed by the Common Law. Statute is that of which no manner of Conufance. and Navigable Rivers. Admiral of England may hold Conufance of things done in Ports. That the VI. "''' ^ ' 2. either by Land or by Water latter part is fo General. it is evident by the Judgments of Oleron. and imVlfian ) ed locus conclufus quo importantur merces portation and exportation of Goods. and for falling foul one upon another in the Port or Habour. and taking Salmon at unfeafonable times. by reafon of unfit coardage and tackling. cutting of Buoy-ropes. as well as on the main Sea it felf. helong wholly to another Office. hut to the who are called the Prefidents or Majlers of the Waters. lelongs not to the Admiral of France. and Goods. as alfo for lofs done to Merchants Goods in the Ports of difcharge by mifcarriage in the unloading. as Ship-wrights taking exceflive wages. The firfl are faid to be within the bodies of the Counties of the Realm.. Power. than for any ordinary bufinefles of the Land. faith. de verb. Portus ( faith exportantur. That the Admirals Jurifdiftion is confined only to the high Sea. ^c. as it doth to the Admiral of England. It may likewife be iliewed out of the Inquifition taken at Quinhorough. and under the King. Thirdly. arc of the fame condition and ufe.no The Jurifdi^ion ef the ASSERT. That many caufes are refolved concerning Damages done by one Ship to another. that many things done in Ports and Navigable Rivers. D. : fpecial Jurifdi^ion of thofe the Dominion of the King of France. and unlawful Fi/hing. Judicial Ads. are within the Jurifdidion of the Admiralty. fignif. and wholly excluded from things done in Ports and Navigable Rivers. the fpoyling of Beds of Oyflers. De Dominio Marts Ub. 39. within the Jurifdiaion of the Admiral For he fhewing the difference betwixt the Admiral of France. as he affirms. as it is moft generally undcrftood by the Profeflbrs of the Common Law. failing in the River. by which it is endeavoured to be proved. &c. within the limits of that Kingdom. ^IrfV. which are in -. the Government of Rivers. Flumina navigahilia. and the Admiral of England. that according to the general rule delivered by Sir Edward Coke. and Navigaole Rivers. for by the general underflanding of it. but alfo from the conufance of thofe things. cftablilhed for Law in the Ad- miralty of England. that is Navigable Rivers. which . that which it^. and in truth are more proper for fuch affairs. before-mentioned. ritime bufinefles & affairs. as touch-ing Damages done to Perfons. do chiefly concern Navigation.

which done on the Sea. and without the Precin^l. as allthofe Caufcswhicli before this Statute did belong to the Admiral by the Roll of Oleron. or ought to have of right. intended by the words. which Criticifm might have the better palled.ir Nature. whereas the words in that place are Ships riding in the main Stream of Navigable Rivers. Thirdly. and fuch as are againft the Crown. and the Intjuifition at Qt*inborou^\. which in refpedt of the reft.//w/^x arijwg withiM the Bodies of Counties^ intending thereby publick ollenccs. might have been tried before the Admiral. Sir Ediv. he renders it only beneath the Points of thejatne Rivers. becaufe the Statute ordaining that fuch things pertiining to the King. The French word Founts^ being eafily turned into Points. within or without the Lands end . Again. Manflaughrer. to exclude the Admiral from all manner of Jurifdi£lion. that the things before mentioned in general. Firft is agreeable to the Preamble. Chap. vi Ciy iirm/cs'. where he writes of the Admiralty. Pleas. Rich. far from any Angular acutenefs . That the end thereof was according to C c the . Ihall betryed. 2. that tlie Statute intending to retrain the Admirals Jurildidion. and condition. feems to intend things. Liberty and Jurididionofthe Cinque Ports. The former reading of the Statute. ^ haut ^0 desgroff'esreviers tantfeculament. contrary to cxprefs meaning of the Preamble of that Statute. in which are thefe words. or vides that neverthelefs of the mon Law. which interpretation. or wider. II they were wont. ordains. within any Water which lyeth within any County of the Realm . notes. fecond Statute that may be applied to this purpofe is that of 5. and C)u^arrcls. which might be tried either way. implies. we underftand by Points of Land. wherein private perfons might have an interell by way of perlonal Adions. which being in the nature of an Exception. his curiofity goes far beyond them. des mejmes les riviers. as Offences of th.I Admiralty of England A(ferted. beneath the Bridges. difculled. Touching this Statute it may be obferved.Elizabeth. matters of the fame nature. ejlarits (y overantes. in the Library of yJ/(rr/o« College in Ox/W. but if we I'peak of the extremites. part of the bodies of any Counties of the Realm. only beneath the Bridges next or nigh the Sea. Murther. how curious the makers of it were. which relating to divers things made offences by that Statute. it may be doubted where that main Stream can be found beneath the points of the River. that it was to be obferved. and hovering in the main ft ream beneath the Bridges next to the Sea. or beneath the Bridge . and the like. amy Ic me meyns de mart de omme. we commonly fay above. being no The 5". and out of any Haven or Pier. (^c. but it his words be confidered. the Admiral Ihall have Conufancc. Mayhemes. Nide tnayhemey engroffes ne}fs. is agreeable to an ancient Edition of the Statutes at large Printed i5'43. (which way the Criticifm looks ^ grow broader. we fay behkher or beyond.\ But it may reafonahly and probably be conceived. that all and every of theJaid offences done on the main Sea. and being done on the Land were to be tried in the Courts of Com. becaufe the refcrvation in the conclufion of the Statute ProDeath of man. according to the Statutes. fome extreme parts or ends. and is fo received by Cr^wT^^owinhis Jurifdidion ofCourts. or Mayheme done in great Ships. are of a more accute figure.fo Rajials Abridgment. viz. Secondly. par-avali des pounts. befides. Robbery. Other thinq^s in general^ fuch things. and PoultoHS Colle6lion of the Statutes. above a hundred years fince. And having before mentioned Contrafts. as Treafon. were to be underftood of Offences. and determined by the Laws of the Land. fhall he determined by the Lord Admiral. It is further confirmed by a Manufcript Copy of the Statutes in French. which mentions encroachments upon the Jurifdiftion. and not before the Admiral . Trefpades. about which Actions and Sutesat the Common Law might arile. if it might be known what were meant by Poitits of Rivers . being. for whereas the words of the Statute Anciently and generally have been received. ^ Dn Admiral conufance. orCoafisofthe Sea. did afterwards add t^/M. but Rivers towards the Sea.ird Coke whtTQ he cites the Statute of 15'.

before the Lord Admiral of words the Admiral.?g///Z. by others.I 12 the Title. and that no Wine.7r^a^f Befides. concerning the Tryal of Piracies. aut altquo portu. or 0have Jurifdiaion. by which Statute. Robberies. it fervation of Spawn and fry of. Shipping. quamfuper littus maris.where the Admiral. fubfequent to long points in queftion. where the Admiral. 15. That allfuch Offences Jhall he £^ty.and places thers appointed by the Kings Commiffion under the Great as ifanyfuch offence had been comthe Commiffwn.that no Wares ihould be carryed Ships. 2. not onely power is given to hear and determine Offences in quccunque infra fiuxum marts ad plenitudtnem.. and othercrimescommittedwithin the Admirals Jurifdiaion. nolhi. how llrongly foever miner. Murthers. than for the Admiral. 1 zr The end of this Statute was. are thus defcribed. which bufineiTes it might be more fit for the OiEcers of Corporate Sea-Towns to enunderftanding. rivo. might v/ithout quire. and proofs by of Twelve men. that he hath no Jurifdiaion in other matters. &c. or his Lieutenant or Deputy or Deputies. although the Mana Law . of Enghjh in but in to Port. or adjudged by the Admiral. tor none Ihall deThat Days. The febond Statute is that of the firft of Elizabeth. wherein it is declared. but it is likewife declared that thofe places do belong to His Maje- Hies Maritime Jurifdiaion. fham which words. and other offences commit- Jury Common were altered. So that it that Comconcerns not the Admiral in his ordinary capacity. by of this And whereas Sir Edw. That the Lord Admiral of the . Chap. and as for a mean to that end. and the remedies thereof. ^. That mand toll of Fifli brought in Subjeds Ships. which the Parliament him touching offences of from except matters prejudice to hisjurifdidion in other that kind. that to the dently urgedVor the liriiitingof the Admirals Jurildidion. Moreover. and Seal.Creek or place. being no parcel of the County. that whereas Piracies. and determined and Offences committed. That no Herring unfalted Ibould be from Port bought out of ftrangers bottoms . 1 7. the enquiry within Havens and Piers. and Coaftsof the Sea. Creca. Felonies. whereas the Judgment of the Parliament in this Statute is fo confiur d. recites the words. Coke from milTion. Chap. Mayor Lord the and of London /or Enghnd. but as he is chief the That Judgment concludes. Aqua dulci^ . of which he is to enquire in an extraordinary way. and other Jufiices of Oyer and Ter28 Hen. accordingto the Statute of the m he conceives under favour it is no good Argument. folr The Jiirifdi^ion of the the maintenance of the Navy. it is that of iJic/. Thefirftis that of z 8 Hen. 2. and of his Admiralty. to inter from thefe new created offences. of which in this Statute there is no mention. tried. Fiih. efpecially for the bringing in of Fifh. whichdidformerly belong unto him. were formerly tryed of the parConfeffion onely by beConvidled could the Civil Law. befides. Creeks and places. of it. made for the prebeing provided. Confederacies Admirals have. is ordained. Admiralitatis limit aut es Maritimam. or Admirals have. the one be taken into Queen Elizabeth. heard. or pretend to have Jurifdiaion. two other Statutes. yet the Limits of the Admirals JurifdiOffences of Tryal the of ner aion are allowed to extend not onely to the 5ea. the places of the CommifTion of Oyer and Terminer grounded before the Admiral. fhall be enquired. Dominiorum noflrorum: Regni. . nor exceptioiv. of the Realm as fhall be limited in mitted upon the Land. and Offenders courfe of the to the fame of the rial the reduce to WitneiTcs. may the other not long preceding that ot the 5. nor Woad ihall be brought . Tarn in autfuper man. confined to wholly is the Admiral the of the whole Parliament. or pretend to cr in Any other Ha'ven. for the which purimploying of £.for Caufes ef Piracy. Fiih held be Ihould Wednefdays pole It provides. try eel before the England. ties. efpecially touching Navigable Rivers. a quibufcunque primis pen- ^ ^ By ihofe places. infuch Shiers . _ . And in on that Statute. < confideration. the Jurifdidlion Sea. . feu loco alibi ubicunque infra jurifdi^ionem nofibus verfiis mare. whereas Sir of the Statute are. to be heard according to ted within the Jurifdiftion of the Admiralty. That committed in or upon the Sea^ allTreafons. but to Havens.

That the Courts of common Law have punifhed fuch as have fued in the Admiralty Court. The Defendant although he pleaded that the thing was done on and frelh. That in the 46 of Edw. it may not be amifs to examine the grounds and weight of the chicfelt of them.cd/". in thofe refpe^s. That where one may fee what is done on one part of the Water. the Lords of Manners adjoyning {fj ^'^'^^^ "' to Navigable Rivers. Robberies and divers other Offences committed in Forrefls. that the Parliament then conceived. are Profecuted before the ordinary Juftices. for taking a Ship in the Haven of the Town. 3. and of this the Country may have knowledge. quam infro Burgunt. That when the taking of a thing is partly on the Sea. Firfl. Tint in the time ot Edw. to 113 have any covfer- and all ayid every other which lawfully have^ or ought vation^ or prej'ervatron of any Rivers^ Streams or Waters^ fhall have power to enquire according to that Jily which plainly fliews. by confequence was within the County. fait pou cr and Jurifdi^Hon othcrwife.Admiralty the t/mc beings of ^ England Afferted. and ifany Impediments be given. r. How far thefe Authorities conduce to the proof of the head propofed. but as to the ground of the head it felf. the firft. The Jurildiftion of the Admiralty as to publick offences and caufes criminal Rich. a Replevin was brought for the taking of a Ship on theCoafls o( Scarborough in the Sea. It was held. Secondly. and on tiie other. for in the fame place feveral Courts to feveral purpofes may have diflindl Jurifdiftions. for things done in Ports and Navigable Rivers. was over-ruled to anfwer. 8. the Common Law (hall have the Jurifdi^ion. an A£Vion of Trefpafs being brought in the Kings Court againft certain Perfons of //«//. yet Sir Edward Coke having unneccflarily colledled many other legal Authorities which may be applied to maintain that by the Common Law the Admirals Jurifdidion did not extend to Ports and Navigable Rivers. it was held no part of the Sea. the Third. Ccke makes a fpecial Obfcrvation. z. which is fo much infilled on. That in the time ot Edw. which was allowed. not 5- . the Kings grant or by Prefcriptiort. and that which concerns the Publique. Fourthly. hath been fo well fettled by the Statute of z8 fincc the Statute of 1 Hen.} 3 of £^/i'. it belongs to their Jurifdidlion and jxDwer to C c x Touching . amongfl thofc who had right of converfation of the fame. which may be reduced to two heads Firfl:. fpecial Jurifdii^ion. Secondly. fuchas (hew that Havens and Navigable Rivers are within the bodies of Counties. Touching thefirll. by which it is granted. he had to fome purpofes in Ri- been named in the fir ft place. and partly on the Land. and that the Coroner Ihall exercife his Office in this cafe. the Mayor and Bailiffs demanded Conufance by Charter of the King. that the Citizens and Burgcfles of //«//. In Erance as Sav. the fpecial Officers called the .Mailers of the Waters. -iu^ifjia of and yet the Juflice in Ejre concerning vert. from whence amongft other things Sir Edw. and by confequence were within the body of the County to the low Water mark. under favour it is fufficient. and the Haven lying within the Burrough. Venifon and other things retains his cmmp' i%-^. That in the. but as touching the free ufe of the Rivers in refpe^l of Navigation. in the Ordinary Courts of Juflice.. that the Admiral of EngLxyJ had vers and Streams.tlion Writes. have feveral Rights of Fifhing. Al/li de traufgrejfionibus infra Burgum. were adjudged parcel of the Mannor of Brancarter^ belonging to the Abbot of Ramfey. Ihould not be impleaded. and other commodities. and carrying her into the County of N. or^nnoyances done reform the fame. Thirdly. by i. fixty Acres of Marfh ground over which the Sea did flow and reflow. may be doubted. thcfe Authorities might be intended. ( whofe Authority in this Kingdom belongs unto the Admiral ) have the charge thereof.• the Sea. That where the Courts of Common Law have Conufance. that there can be little occafion of difference touching thofe matters betwixt the Courts ot the Common Law. the Court of Admiralty can have no Jurifdidion. and the Court of Admiralty . and if they be diflurbed they may have their remedies. and that the (Common Law hath held plea of things done in them.

as well as if the Fad had been committed on the Land . we have a general Power throughout all England. 114 The Jurifdi^ion of the fi/. Touchingthe particulars. concerning a Ship taken in the Sea. Opinion that it did belong to the Admiral of £. it could not be refolved what Sheriff Ihould Summon the Country. viz. before the Statute of the i Hen. and on the other . Cokes Obfervation upon that Cafe. and partly in a River. in the Admiralty Court. neither will we Affign our Power to them without Commandment from the King. as well by Sea. and Hanged. It may . a Prohibition was awarded.. be- caufe the feizure at Sea. . and Vi6lualling her. the Reafon was. and that the Admiral was appointed by the King to hear and Whereunto Berry Chief Juftice of determine Sutes of things done on the Sea. in the precedent Cafe. and brought to the Land. 40 Eliza. joyned in the Furnifhing viz. In ancient times before . out of any County. within the County. i.. can be no prefident for fublequent times. ^^' Selden Writes of the power and Authority of the Sathe culu prifcii ante^uam fummorum Admirallorum author it as. An Inhabitant of Plymouth.e. when the Admiralty Jurifdiftion was better fettled . Mettinggam faid more.. that if a man had killed one there. i. faith Sir Edward Coke.)inan Armof the Sea.z. for the Ships goods. whereupon Stanford concludes that by the Common Law. in which imployment the Captain of the Ship by Piracy took a French-imns Ship Laden with Salt. and brought into a River. ^c.jg/^»^. it hath been refolved otherwife. and denied a Prohibition. but after a long debate. which onely Authority. Touching the Coroners Exercifing his Office ( in the time of Edw. a Confultation was granted. recites the cafe more fully and gives another Reafon. &c. That when the taking of a thing is partly in the Sea. for which he being fued in the but the Judges were of Admiralty Court of England^ moved for a Prohibition . ut res ita tempora rerum Queer ere. and firftof that of the Replevin in the time of Etlw. in his Notes upon /=brff/c«^. ( or rather of 1 5 of Rich. we know nothing. 2. and brought her into Plymouth. the Common Law ihall have the Jurifdiftion. and fent her to Sea. Mr. although afterwards it kept its limits. SeUen 32. on the Sea. which was. and drawing to (hore at Harwich was one continued Aft and therefore the drawing it to (hore at Harwich^ gave no right to the Mayor of Harwich.3i. fufficient to over-rule all Queftions. Judicis officium eft. fometimes applyed by Sir Edward Coke. whereupon the Tt-^w/. where one might fee what was done on one fide. becaufe that in latter times. near Scarhorough^ to which it was pleaded by the Counfel. The place is fo near. the Common Pleas Anfwered. that the Plaintiff did count or declare of a thing taken on the Sea. The Reafon which Mr. ) the Admiral had no Jurifdiftion. wasbecaufein thofe times the Common Law had Conufance of things done on the Britifli Sea within the view of the Land. and upon fuggeftion that part of the wrong was done upon the Land. as Berry the Chief Juftice faid. as by Land. was Lih. 188. touching which you (hew nothing . i. but on the high Sea. where the Mayor then claiming Admiralty Jurifdiftion. Haward faid. fo that if the matter were put in iflue before the County.i4r f. infra corpus comitatus^ Leaving the Sea wholly to the Admiral . Selden gives. as upon the Land. That William Crake de Holtham was Summoned to Anfwer a complaint of /fohertdeBeaufcy for taking away a Ship of the value of 40/. caufed certain Fiiher. he ihould have been taken.. and the Defendants being over-ruled to Anfwcr. and fold his Salt to the Owner . So that according to the Verfe. concerning thofe times and be obferved what was delivered it may be further noted what Sheriffs in thofe times. and fo it falls out with Sir Edw. we tell you that we have power of things done on the Sea. 4. being Owner of a Ship.men to draw it to fhorc at j^^rrivic/' in Suffolk. That the Vice-Admiral of £»g/tf«^ having feized a Maft floating on the Sea.men fued the Plymouth-mzn being Owner. as in the Mayor of Harwich his Cafe. and therefore we order you to anfwer . becaufe the King would have the Peace kept. likcwife feized it. the Cafe adjudged in the time of £</«>. becaufe the firft wrong was done upon the Sea Secondly. viz. but of the Power of the Admirals of which you fpeak. The like may be gathered from a Refolution in communi banco.

as in the open Sea. over which the Sea did flow and reflovv. and convey the of. 1 1 the Authority of the high Admirals of England woj jufficlently Ejlabltjhed by our Kinp^ and jo dijiingulhed^ that the Gcrvernment of the Sea did wholly belong mtito thent^ the Sheriffs had/ome Authority in the Sea adjoyning which they did execute the Kings Vrecepts upon the Sea. and the Admiralty have divifum impertum interchangeably. 6. Coke upon the credit of Dyer : But Sergeant Callis in his Readings cites the Record in this manner. ajuxta Mare. it doth not hinder but that in the fame place if damage be done by one Ship to another. There remain thofe Authorities which fhew that the Courts of Common Law have punilhed. remedy may be given according to the Judgments in the Roll of Oleron. as wafte and floated grounds. the Common Law.and yet it was refolved. was by our Kings referred to the t^ig}^ Admiral. for double damages 1400/. and the Low-water mark. in Sir Henry Conflables Cafe.and the Low-w ater mark. whence it is concluded to be within the County. whereupon he makes an Obfervation. that thofe grounds were claimed by that King. where he fheweth. and reftrained fuch as have fued in the Admiralty for things done in Havens and Navigable Rivers. for that the . of the Haven of Hu// to be within the Burrough. by the ordinary and natural courfe of the Sea. liquando per Fluxum Mardo augetur. which d/d appear in that King's Ships from one 3. his Office. Secondly. Thirdly. by Sir Edw. is taken up by Sir Edw. for the Reafons before fhewed in general. the of ofEdw. and when the Sea doth reflow the Land may appertain to a fubjed. may deferve fome confideration. 3. and no parcel of the Mannor. for although they were fubjeft to flowing and reflowing of the Sea. and fo in refpeft of the place. verfiu di^um Abbot. and admitting that fome thing may be inferred from thence to prove that places where the Sea floweth may be within the bodies of Counties. The allowance of the Commop Law. John Burton in the Common laid Pleas recovered againfl Bartholomew Futt. but no good Argument can be drawn from thofe times to the times following.5 Admiralty of England to the Averted. for it is then parcel of the County . The Authority of the Marlh Grounds. Touching the firfl it is related. in refpeft of an Adion of Trefpafs determinable at the Common Law.betwixt the High-water mark. and betwixt the High. though not of the caufe. for the rcafon aforcfaid. whereat this time he cannot.That when the Sea did fifow ad plenitudinum.the Land may be parcel of a Mannor of a Subje»^. the I. That 6 Hen. nor arriving of Ships . when the Admiralty-Jurifdiftion was better fettled. County. and the Admiralty may have conjun- ^ Hum imperium occafionally. Contra Abbot de Ramjey de quodam proceffu fath. through the Seas.water mark. it was nexer heard Maris cuftodia. the Common Law. Premunires. and poflquam omnimoda Port to another. That beyond the Low-water mark the Admiral always hath JurifdiS-ion. and why the fame Ihould not hold as well in Arms of the Sea. By which it is apparent. Cokes Learning. it may be granted. and howfoever they might be part of the County. which now beIn which times if the Coroner did Excrcife longs unto them by right ufuiuejlionable. that the foyl over which the Sea doth flow and reflow. ike. &c. which the Abbot did juftifie. yet it doth not wholly exclude the Admiral from having Jurifdiftion. as by aftions of double Damages.\it Admiral ihould have Jurifdi£Vion of any thing done upon the Water. inter le High-water wjr^. yet they were not either fit for the Sayling. and the Low-water mark. and to them only and their Deputies. Fourthly. and then any thing done upon the Land fhall be Tryed at the Common Law. yet they could not be places concerning which they might grow any Queftion of Jurifdi6tion. adjudged to be within the Mannor of Brancafler in the time of Edw. but in jubleijuent times. Et Abbas refpondet quod ipfa tenet Manerium de Brancafler quod fcituatum efl quod efl ibidem Marijcus qui aliquando per Fluxum Mam minor at ur. was done about the time ofVicn. and Prohibitions. &c. ad o[fendendum quare jexagmta acra Marijci in mannm Domini Regis non debent feizari. That it hath been refolved by the whole Court. after that all manner guarding the Sea.

it is faid. and Thomas Baunce. and no way depending upon the Crown. and of the profits of his Lands during Life . if they medled with Temporal Caufes belonging to the Kings Courts. at South Lynn^ fuppofing the fame to have been done fuper altum ware. or fome other place. but for the Evidence that by Curia Romana aut alibi. relates onely to that of the 1 3 of Richard the z. who had fued him in the Admiralty Court for entring his Ship in the Haven of Tarmouth. 3. it being not proper to extend a penal Law from one Statute to another . were done within the Body of the County. and the lofs of all his Goods. the Court of Admiralty Ihould be underftood.- j from having intercourfe to the Popes Con fiftory. It may be farther noted as to our purpofe. chap. for that they fued him in the Admirahy Court for taking away certain Jewels j'uper AU turn mare^ whereas he took them apud Stratford-Bow injra corpus Comitatoi DliddU' fesix. Super Altum mare^ whereas the taking thereof was in the Haven of Brtflol^ intra corpus Comitatm. it might be thought neceftary to debar the People of this Kingdom . becaufe the Statute of Henry 4. Sir Edw. chap. Secondly. was held to extend to Bifhops Courts. and Eight Terms (as Sir Edw. for that the penalty intended in that Statute extends to the Imprifonment of the Perfon during pleafure. why that being a leading Cafe. infra Corpus Comitatus Norf. againft Richard Beauchamp. 2. are fo evident. the Reafons of the Refolutions of the Judges are no way publilhed. 6. was brought by Hol^ert Cupper.ii6 faid The Jarifdiclion of the Putt had fued Burton in the Admiralty for entring and taking aw ay three Ships with Merchandizes and Prifoners. That the hke A6f ion i x of Henry 6. it may be confidered. may be better confidered . That they being brought upon the Statute of the 16 of King Rich. That in the 9 of Hen. for fuing in Curia Rowiana aut alibi. and it may be thought upon. it may be conceived that his meaning was that the Admiral. for ought appears to the contrary. might be for matters of Trefpafs. or difparage Judgments . Coke relates ) were fpent in deliberation of the Cafe. and of fo dangerous a confequence. or elfewhere. the word ^//^/. with force of Arms. of which the Admiral claimeth the Conufance in fuch places. but how reafonahle. the point of Iftue was ( as it may be fuppofed ) whether the thing done in the River of Briflol. It cannot be denied but that thefe Authorities efpecially contain forcible Arguments. And for the dangerous confequence it is mofttrue. and the A<f>ion was layed upon that of Touching things done within the Bodies of Counthe 15. can it with any Reafon be maintained . efpecially if they took upon them to reverfe. committed likewifc by Force and Arms. againft John Rejner. under his favour it is not fo clear nor if the Statute be well confidered. and happily the Reafon was. the other Cafes of double Damages. and when the Popes Authority and his Laws were in force in this Kingdom. which argues that the Judges could not eafily agree upon the fame. but was of the condition of thofe matters which belong unto him onely upon the Sea . in the leading Cafe of Burton againft Tut. Again. Qmndam naviculam apud Hortott Key. Coke faith. Touching Premunires brought for fuing in the Admiralty Court. to which the Pope and his Court in thofe times di^ ufually remove and that Statute being intended to exclude the Foreign Authority of the Pope. concerning Premunires . 5. Touching the Adion of double Damages. and having received fo long deliberation.Richard the z. that the taking of Ships in the Har venof Brijlol w2iS done with force of Arms. as no agplication fhail be made thereof. and fit to fright men from fuing in the Admiralty Court. whether at Rome or any where elfe. That 38 of Hen. 7. for double Damages. which made it more than an ordinary bufmefs. a Premunire was brought for a Sute in the Admiralty Court for taking and carrying away. or his Judge might be made liable thereunto . and for the application which he forbears. one was brought by John Cajfy. or elfewhere in that Statute was in truth intended of Avignion in France. Again. ties. and how rightly it was fo adjudged. the word Alibi.

further It may be tion.Admiralty Judt'tnenrs given in of England Common Law . yet ment was given upon any of them. never relating to any FoflioLiId be applyed to the which are allowed by the rciqn Power. that the King and his Council it was likewife agreed unto by all the Judges. all Annoyances and Objlruilions in ffavi77?^^ the Aelmiral may inquire of\ iwd redrefs any Impediment to Navigation and Paf are that Bridges^ qahle Rivers beneath the firfl all Centrals and Injuries done there perfonal aljo try and fage to and from the Sea . it may be added. it doth not appear that any Judgeres were brought upon fuch occafions. upon Navigation which concern Laftly. For confirmation before fuch Cafes. ASSERT . and proceeding onely by thofc Laws beyond any ordinary imaginaMiflery it is a Court. Afferted. but 117 word ^liii the Courts of how the Kings Court of Admiralty. that King to be in force in it be faid that the two Prcmunialthough that Noted. and conclufion of this Point . that no Prohibition u to be granted in and the Sea.

Malirtes relates an inftance of a Merchant-ftranger. and other things done beyond the Sea. and no ways elfetrafts. It is confiderable. and His Lords. That if a man Releafe one of his Debtors.quo Judges may. omnia bona mobilia haredes ohligat man a fe like forms. that received ving ties negleding to pay him their parts he was advifed to Sue them at the Common Law. omijfis juris folennitatibm. which was contrary to the Rule of Equity. Quod in Curia mercatoFortefcue. and therefore. Sealing and Delivering. the To where. p. and recover without. which the Admiralty rum debet judicari ex a. who is bound with others. who having fold Commodities to three feveral Merchants of Z-o»^<7. there are the concerning In ^F!?/?^ Prefidents divi Adriani. Firfl. Letters of Attorney. that ufually Claufes relating to the Civil C. there is a Declaration and Renunciation made of all Priviledges. to make their Bills and Obligations of force. maintain that the Court of Admiralty may hold Plea of Conand other things done beyond the Sea . in refpeft of thofe whiclkwere in better condition. and to the Law of the Sea. it is obferved. but the Courts of Common Law hold they muft do otherwife. and efpecially ordinu excufiones. and afterwards the two him gave a other parfum. That by the Ordinance made by King Edward the FirfV.. and that a favour yeilded to Secondly. at Intereft. 13. but for his own part. which do not admit that a mans aftion Ihould operate beyond his intention. that for the better fecurity. and Seamen. have Law. to the like purpofe. he was contented to Compound with him for the fifth part of his Debt. fhould not extend further to his prejudice. Thirdly. by way of acquittance. as where ^ U & . took one Bond of them all for the payment of 300 /. Execu tores fuos.every man Ihould be bound in [olidim^m the Inftrument of the Contrail:. thofe Solemnities are not required which are neceflary in Deeds at the Common Law. I. Malines ihews. and do Obferve. betwixt fuch Perfons.I 3.e. as of Signing. they are all Releafed and acquitted thereby. I. VM. obferves out of Bar tolas. every where it is intended. at Haftings^ which is extant in the Antient Book of AdmiThat every Conralty. or hetwixt Merchant and Mariner beyond the Sea or within the flocd-mark^ (hall he Tryed before the Admiral. in and halieu of a 100 /. and being Imprifoned. Mr. and one of them breaking. relating to ISIavigation and Trade by Sea. and the bearers of fuch Bills according to the courle of Merchants. Exceptio divifionii. That fuch bufineues amongft are to be determined according to the Civil Law. Selaccording alfo as equity thereof. lliall be admitted to demand. xhat when two or three take up Mony Principals. It may be ^ -. p. or for zo /. and all bind themfelves as cultome of Merchants. generally according to the Civil Law and Perfon is bound. Merchants Affairs. "That Admiral of England' 'may hold Plea of ContraUs. tra^ wade letween Merchant and Merchant. taken into confideration. one in neceffity. conceiving him as a third party to be liable for no more Releafe. upon Notes den in his bono. Inftruments made beyond the Sea. and that fimplicity and juft dealing which is expeded amongft Merchants. and heneficii Epifto^ of thofe which are called. Fourthly. it was Ordained that Charum Contraa^ &c. that in Contrads and Bargains.. where he was given to underftand. It is alledged. Merchants and to the Cuftoms and ufages of the Sea .8 1 1 'The Jurifdi^ion of the ASSERT.

the SubSubjed be fpoilcd of his . or the Goods belonging to him. it may be lefs needful to labour to prove that it doth not hinder him from taking Conufance of Sutes concerning Navigation and Trade. arifing from Contrads made and bufinefles . or matters concerning Navigation. which. That as to this point he intends for Authorities the Statutes of the 1 3th of ^/r/\W the Second. The Statute which allows the Admiral to meddle with things done upon the Sea. and War. by whofe Oaths Juries of Twelve Men may be made as in Contrav^s and other cafes arifing within the Realm. artkulos dundum^ dattjque an I. by Sir Edward Cokes leave. is as far from the purpofe. fo it did intend Caufes of Navigation and Trade arifing either within or beyond the Seas. places from whence they proceed.e . which is out of any County. That concerning the Conftable and Marihal. That as the Parliament allowed to the Conftablc and Marfhal.im ultra quam citra mare^ ubnunin exigent la teC^c. for tlie Jurifdidlion of the Admiral is wholly con/ined to the Sea. aw ot this I. That of the Regifter is. To avoid the Admirals Jurifdiclion in holding Pleas of Contracts. as if There lies a Writ of Withernam at the Common Law. a It ftands with great reafon Goods in another Realm. he fhall have a Writ of the Sheriff to arreft the Bodies offenders. faith he.ites contcjlunaum^ &" de calumnia vitandu juramentum^ in ammjm priejhndum 'all which arcasftrange to the I. did belong to the Conftjble and Mardiail. as tl. that upon the like occafion. which fets forth the Jurifdiclion both of the Conf\ablcs and Marlhals Court. D d jed . and Trade It may be better argued from the Ait. more conducing to the point of Jurifdidion. which proveth.itium is given a^J Libelles. u lierein it i6 (£/ omnibiu^ Jn^giilii exceptiombu^^ power fpccificd that rejportdenduniy conJlitue. that the Admiral may hold plea of Maritime Caufes arifing from Contrads made within the Land. are a Writ in the Regiftcr. the Admiral fliall have no Conufance of Contracts. Sir Edward Coir aflirms. or his Goods be found within the Jurifdidion of the Admiralty. and amongft the reft he declares the of a general Procuration to luc tor Debts in a Foreign Country. and can have no remedy there. for remedy at the Common Law That Argument is as good. and. Letters of Reprifals can be granted in the Admiralty. faith Sir that the party hath he had that if fa id. The Nature and Quality of the bufinefs.- Admiralty of (£) England Averted. If Goods be taken from an EngliOi-man in Spain^ or beyond the Sea. Sind Fitz Herbert^ and a number of Prohibitions. as t'ortejcue aflirms. as alio of the Court of the Admiralty. : done beyond the Sea. That to the Conjlable artd Marjhal it belongs to have Conufance of Contrails^ and Deeds of Arms out of the Realm whence it is inferred. Edward Coke^ that the Admiralty cannot hold Plea thereof. Petitiones^ &c. cometh to pafs. than the Circumftances of the place where it happens. Fifthly. For that. in refped of any place beyond the Sea It is rather pretended to debar him frommedling with things done within the Realm which notwithftinding. The Ad declares. muft be proved (otherways than in tlic ( ourts of Common Law) by WitneHes. to be tryed by the Admiral. Whence it may be gathered. That therefore out of the Realm. Jurifdi^ion in Caufes of Arms. if the party. they fhould be made liable to fatisia:>ion And why fhould it be thought unreafonable. is accuftomed to be done. as it was from Sir Edward Coke's Thought to give any addition of Power to that Court. and the party cannot obtain Juflice there. being found within the Jurifdi'^tion of the Common Law. to prove how the Admiral hath no Jurifdidionof things done beyond the Sea. it being formerly fhewed. that the party. Contra£Vs and Bargains made amongft Grangers in another Rcodm. therefore no . which cannot be determined by Common Law. bccaufc in thofc parts there be no Neighbours. doth not confine his Jurifdidion to the Sea. \ i 9 irnmohiluy ptiejentia nuncians form futuru^ t. That Bargains and Contrads fo made wherein the Courts of Common law cannot adminfter Juflice. arifing both within and without the Realm. and to feize their Goods to the value. or things done beyond the Sea. The other Authorities which may be calleded.

the fame reafon. It it is ground . that for lo much rh' of any Judge hand y the -ed -^'ith ) a Paper nor f ^bfcril it v

Related Interests

as ^igainft the Laws and Statutes Anfwers. and no doubt fo that the TommonLaw. and fx/'^rw /)^r^i^^ in done things for brought in the Admiralty. made beyond the Sea. as for many Ages on a bufinefs. it may be our Tnhunalihm noftri Juris Mumctpah Csr. in Realm. the and that it is moft Law. Selden writes. than within the rejefted. . without CcUegueu That it u agreed upon by the Lord Chief Juflice and his is Otiavo Caroli agreed. out of memory let or prohibition j The Anfwer arifing as well beyond. for 1C75. by which the fame is things were totally done out the Common Law. of which mention is made Objeaion 7.r°ement made in Anno Dom. and his King made by ralty according to fuch ancient Order Admiral for the time Lord the of Patents Council. an was not obferved. Admiralty That if Sutes Ihall be commenced in the Court of is to be Prohibition no Sea. the upon or or other things done beyond the Sea. or occafions thofe Sutes were grounded And to conclude this point as the former. Writ agrees with the Common Law. it may be noprecedent of the Confirmation the for alledged all the Judges certain Anfwers of the Chief ted That touching the former. then Judge of the Admiralty. and Implies. but that he had fome produced fuch an Agreement to the Judges before the King. ever Land this of Kings being. how far this m EM nis^ ' yet the Jurifdidion follows ftandingthe Contraa be the ground and foundation. becaufe theContraft in partibM extern Cs tranjmanof the Debt • But now in cafe a Contrad be made performance is to be made within the Realm. idiilion. hapning elfewhere. between the Judges of the Kings-Bench. .-) Edward the Firlt. notwithBefides. . . where the Contraft is made one where of the Realm. and therefore the Judges ot the Kings-Bench with the Terms of unto. But this Law. and the Performance ought to be the Contraft was made where be muft Conulance prefent purpofe of neceffity. as it is pretended. then (fays he) as to the for another.. Dunn. But upon what Contrafts. as upon the Sea. ( -uiz.idmiralry. in that ac fuch. Firh. rj J confidered. : whereby payment or to which fiore HisMajefty (out of delivered unto them. awarded. it is not IpebufinefTes. becaufe for the pla?e of payment and performance. or Bar. and commenced. Council 'secondly. Laws of .. and allowed of other all Contrails and other things of Cognition have may of Man. the Jurifdidion Aftion could not be brought upcording to the ftria Laws antiently pradis'd. of that Judges other and Juliice io the complaint of the Admiralty in the Year i J75. Admiral-] the more quiet and certain Execution of had not been Agreement fuppo-d that that Sir Edward Coke anfwers. that it is otherwife. but having heard the <pme read anfwer. he allows. be to held ever been hath Courts of Common Law. Mr. That the g. and granted upon 5utes The laft Argument is. All the Judges before the King and his for Contrafts made. the third requeft of tnc cified That the Judge of the AdmiJudge of the Admiralty in the year 15-75. ral e Court of .. the firft is as ancient as the 36th of Henry the Eighth. unlefs the ground ot fmce it hath been held. by them are intended Js of the Judge of the AdmiRequr to the Bench. Refolutions of Concerning the Conceflions of the Judges of the Kings-Bench. an Kingdom. Common the at had noTryal for otherwife there can be is the ground and foundation reafonable that it ihould be fo. preient their from asdif ers thereof never afiented thereof the Realm. wherein it is fet forth. that the Aftion ought to be within the Body of a County: And bit it be arifing for fomething done maintamd as agreeable to the Coke recites divers authorities.. and according to the Letters by Cuftom time and fmce. the at otherwife there could be no pretence for a Tryal Rule.and the Affertions. u would have not probable that Dr. in regard.J20 gains The Jurijdi^ton jeaihould have remedy there? By this of the Authority concerns not Contra^.. neither doth the phrafe thereof agree ^ the the Realm. That divers Prohibitions have been (S" tranfmarmu. the to building the not Rule is framed to the building.

that it may pleafe them to accept of the Return thereof. 8. And it may as well be doubted. with their Anfwers to the fame. and his Council. That the faid Judges may have and enjoy the knowledge of the breach of Char. whether thofe things wherein thofe Anfwers at time did differ from the Refolutions of all the Judges in the 8th of King CharUi^ Were agreeable to the I. as it is confidently aflirm'd. and allowed by other Kings of the Land ever fince. 3^«^# to forbear the granting of any Writ of Prohibition. in reafon he ought to be contented therewith. either upon. IX. and to be performed upon. as how the matters therein contained may conAO. and his Colleagues. ctr/?S/" That after Judgment or Sentence given in the Court of Admiralty. both concerning the Ecclefiaftical Courts. without lot or Prohibition. as hath 3 lifjuift. That Writs of Corpus cum Cauja ^ be not direfted to the faid Judge. made betwixt Matters of Ships and Merchants for Voyages to be made to the parts beyond the vSea. of Henry 8. if there ftiall appear caufe. agreeable to the '^ c*ni and the Courts of Admiralty. the Sea. rifingas well beyond. and beyond the Sea. or beyond Anfmer. Anfwer. been taken by King Edward the Firft. It is agreed by the Lord Chief Juftice and his Colleagues. in Caufes of s K^v^^ithe nature aforefaid. 14. 14. IS7S' jefties Requefts of the Judge of the Admiralty to the Lord Chief Juftice of her Ma. if a Prohibition be not fued for within the next Term following Sentence in the Admiralty-Court. though the fame Charter-parties be made within the Realm. and by Cuftom time out of memory of Man. that after Sentence yit>/»er. and if any happen to be diredled. for things to be performed. and according to the good meaning of the 3 2d. as they arc extant in feveral Manufcripts in which arc colle£Vcd things of thofe times remarkable. or to her Majefties Delegates. in any Caufe DrDiJy*"' or Appeal made from the fame to the high Court of Chancery. no Prohibition (hall be granted. it may as well infer that thofe ConLaws and Statutes of the Realm. and the party defendant Mf^rr. I2i which being fuppofed. This is agreed upon by the faid Lord Chief Juftice. They have agreed that the Judge of the Admiralty. and to plead to ftay. of May. cap. fhall have Counfel in Court. as upon the Sea. no Prohibition The ihall pafs to the Delegates. and the party defendant to have Counfel. as that they did not aflent bccaufe they were not agreeable to the fame . that wherein thofe Conceflions did differ from thofe Anfwers were againfl the fame. both with Law and Equity . at the fute of him by whom fuch Appeal i Hf<juefi. though the Charter-party be made upon the Land. And if there be no Sentence. by the Statute of the 3 id. according as it hath been accuftomed time out of mind. with the Caufe and not the Body. it may pleafe them Lewis. wherein it may be lawful to the Judge of the Admiralty. and to that end it may not be amifs to recite them. of England Averted. and not to be relieved any other way. il there may appear evident caufe. is not fo much conftderable. may have and enjoy cognition of all ContraAs. 2 i^fqtuft.4 Rsq^clitcr-parties. chap. If been accuftomed. This is likewife agreed upon. or within two Terms after at the fartheft. and to plead for the Itay thereof. of Hen. as it hath always D d ?. and his Colleagues. wherein the phrafcof the Requefts and Anfwers is not agreeable to the terms of the Common I aw. without fummary Examination and Proof thereof. given in the Delegates. That the Judge of the Admiralty according to fuch an ancient Order. ihall be made. either to the Judge of the faid fj^''^'^'"'' Court. That Prohibitions hereafter be not granted upon bare Suggeftions or Surmifes. .Admiralty ground for the fame.Sn chnftoBench. and other things. feeing by choice of Remedy in that way.aWs and Statutes of the Realm.and according to the Letters Patents of the Lord Admiral for the time being. as followed. becaufc thole Judges cclfions were did afTcnt unto tliem.

0acob. Fourthly. Mariners wages. have Courts Kings the Bridge. concerning the Anfwcrs and Refolutions of the Judges.. i8. Prohibition manded. it be certiFifthly. or if for the Sute be if But granted to not be is . the within to made be Charter-party happen Penalty. and redrefs all Annoyances and and the Sea. Thirdly. who was one of them. himfelf a name. George Crook. 16 ^%. Thomas Trevor-. the beyond made to be Voyages breach of Charter-parties. of fied . under the title of Refolutions upon Caufes of Admiral. in the 9th of Edward the Second. Robert Heathy Humphrey Dawenport. thereof. ought to be of no lower cfteem. to be is Prohibition no other things perfonally done beyond the Sea. for Admiral Secondly. If any be imprifoned and upon habeas Corpus the party Ihall be Imprifonment his . as foUoweth. ( viz. for building. this is to be tried tiff didreleafe. and others of his Majefties Council. Robert Nicholas. Oliver St.Jurifdi6tion.Caroli. by all the Judges of England. 12:^ Anfwer. Sir Edward Coke. Subfcribed the 4. a queflion be made. orotherwife difchargethe fame within - and not in the Admiralty. Or^/^. Richard the of ^th i the of the Statute that Obftruaions . If Sutc ihoiild be commenced in the Court of Admiralty. alfo and by Second. but fuch as for his intereft makes Realm. though this be done within Bridge. aftd the Barons of the Exchequer. ) Hales. and no Prohibition is to be granted in fuch cafes. faith. from or are or may be any Impediment to Navigation. the rather for that the unanimity of all the Judges to the former. brought. firft the beneath and divers other Rivers mentioned in yet the Admiral alfo hath Jurifdiftion there. for be not dePenalty fo as the Realm. Touching the Refolutions of all the Judges. and IfmamNoy tin Judge Francis Crawly. but as to the latter. favmg. or if it be for contempt or difobedience to the Court in any to be the Caufe If any Writ of fuch Caufc. 8.John. Feb. ) Thomas Rkhardfon. Feb. approved Crooks Reports being publiihed by Sir HarbotleGrimfton. by Hugh . they are for matters of Law. or whether the Plainthe Realm. And it may be thought that thefe refolutions of all the Judges touching the Jurifdidion of the Admiralty. If Sute be before the though the Seas. Edward Atkins. Robert Bark/ey ton^ miliam Jones. the granted. and the -r •: ' - •' Regifterof the Council Caufes . or neany party by ceflary Vidualling of a Ship. it may be confidcred. • Tk Jurifdt^ion of the : this nature be direfted in the Caufes before fpecified. JohnGlynn. and alfo by Henry Alar ordered to be Entred m the was thereof Tranfcript the Attorney General. John Denham^ Richard HutJames Wefton. i6}z. next unto the Court of Parliament . in the point efpecially and Equity Expofition. or for or Freight. although of fome Caufcs arifing upon the Thames hGtiesith the Conufance. againft the Ship it felf. That in the prefente of the King s Majefty. muft be taken upon the credit alone of Six Edward Coke. amending. whether the Charter-party be made or no. awarded. alfo to try perfonal on the Sea. for Contrails or Firfl. to thofe things which he calls Artkuli Cleri. Matthew Windham^ Peter Warburton^ and John Parker. he may enquire of. and Injuries done there in the Kings Courts. If Sute be in the Admiralty. of the Admiralty. yet being refolved unanimoufly. they were fubfcribed unto by all the Judges. ( viz. writes that it was agreed. by the Judges then being. and Twenty three Lords. was. who in his Reports of Hillary Term %. the Evidence thereof doth appear by the joynt fubfcriptions of all before named. which is likewife attefted by Sit George Crook. they are return the Bodies again to the Lord Admiral's Goal upon certificate of content to fuch. are Sir George and allowed as for the common benefit. That although they were not enafled by the authority of Parliament. that any of thefe be the caufe remaunded. of highcft authority. and not againft is to be Prohibition no party. and pafTage to Navigation concern which Contrafts. and the Original to remain in the Council Cheft. as the Statute of Artkuli Cleri. by all the Judges of both Bencnes.

be prefumed. Richard \it alone are enabled to decide. and others of like may berately Authorities. what the Admirals Jurifdi^ion ) the King's Council the King himfelf with his Jurifdiftion.^. or fingular Ihould thereunto. ons of any others. of his Reign did conlult and aavife with his of the 1 3th of Statute the by whereas that And it may fccm ftrange. i^ Eminent both for their Place. Prince. with their ther for that antiently (as before concerning the Admiralty. be added beuig approbation the King's Majefty and his C ouncils the fame. Marfhals and Conflables belongs to the to deiernune what belongs power much as not have (hould Council and Judges. the by apparent is it and of Jurifdiaion. as to ihofc points oueht to be received and rcfpefted as fufficient the confident Opininotwithftanding whereof they did declare their Rcfolutions. have ancient Record. cited hoxhhyUx. King Edward the Third (in and Sir Fdxvard Coke.Sdden.x. rathe concerning differences and doubts of force enough to (ettle all is fhewed ) the Kings of England. . the fame obftruaions to greateft the as upon infifted arc whofe Afts Second. and that m point Con(\itutions made Council only. Admiral. and cautioufly refolve upon. And that contrary the to perfons. cither private. his of Jurifdidion to the ( stat. That the moft famous in the Twelfth Yekr whofe time the Admiralty received its chief eftablifliment ) his Judges concerning and Council. that what fo many perfons.Admiralty of It England Averted.- . did fo deliand Laws the of knowledge and alfo tor their quality have countenanced.i ASSERT . Statutes of the Realm.

By the former. VI 1 1. Plea. and fo earneftly in general enveigh againft the encroaching of the Court of Admiralty upon the bufmefles belonging to the Courts of Common Law. to their Conufance. That the Admiral hath no Conufance of any thing done within That it is not material whether the place be upon the Water. the Admiral ought to have Jurifdiftion. and another fuggeftcd in the room thereof. may be juflified . and have nothing to do .1 24. For the ground of that : anfwer being any County. in refpeft that it is fuppofed that all things done it the County belongs to the Conufance of the Common Law . do inter-meddle. and interrupt the Courts of Admiralty inCaufes hath been Endeavoured to be made appear. That of things done upon the Sea. It may now be taken into Confideration. properly belonging to the fame. and Judges of the Common Law. ceedings it in in in differ- ence with the Courts of Common Law. the anfwer thereunto is neither clear. and prefcribing the forms of Libels in fuch Caufes. belonging to the Admiral's Jurifdi£Vion. left they Ihould fit idle. and in obftrufting the Proceedings of that Court. in regard Sir Edward Coke doth fo often. out of any County. the fame are made tryable at the Common Law. by fuppofing the fame to have been done in Cheapfide. Admiral ought to have JurifdiAion of things done on the Sea. Concerning the Aftions of Trover. and other things done on the Sea. 'The Jurifdi^tion of the ASSERT. thofe who belong to that Court. nor direft. and that no Prohibitions have been granted for any fuch caufes j but whether by the fuppofal or fi£tion of a Ships arriving in Cheap-fide. Amongft the grievances complained of by the Admiral. the Courts of Common Law do hold Plea of things done on the Sea. it is faid. nor to the purpofe. the like praftice of encroaching being far more unexcufable in thofe. who belong to the King's Courts. a more potent may loon . how far the Proceedings of the Courts and Judges of the Common Law. which do always abound with bufmefles fuflicient for the fame. That the for any Maritine caufe done upon the Sea. is intended their drawing of fuch Caufes by adions of Trover. by the latter their difparaging of Stipulations. refiuxum Aquas. That the Courts. in intermedling with Caufes properly belonging to the Admiralty. ® tends as well to the right of the place. 8. In this anfwer it is confeft. it is neither confeflcd nor denied. It is not material whether the place be fon given for the fame. It is prefented in the firft place. may confift with the Laws and Statutes of the Realm . but when the place where a thing is done belongs apparently to another Jurifdidion which prelaid. or Quarrel. Infra fiuxurrt Aqua. the place of the adion can no ways be fupprefled. but whether it be upon any Water upon the Water. Jacob. That may be true. and in particular where he chargeth. as to the right of the caufe. That the ProHitherto the chief points the Courts of Admiralty. and that no Prefidents can be Ihewed that any Prohibition hath been granted for any Contrad. infra fiaxum within the County. That whereas the Conufance of all Contrafts. for * if that be permitted. wanting bufmefles proper to that Jurifdiftion. Wherefore it is acknowledged. The former may the rather be infilled upon. That in the blefled time of Peace. much lefs is there any reaWhere it is faid. and of Trefpafs. the one Jurifdidion being the greater. but whether it be upon any Water within the County. do encroach upon matters belonging to the King s Courts. or fuch places And under favour.

and for taking of Recognizances againft the Law of the Realm.p.Bench (as of cutting of a Turfe ) although in truth there were no fear. . which is a more competent and proper Court. the Admiral in his ordinary capacity claiming no Jurifdicrionof offences againft the Crown. may be feigned to be alive. It is now in Yet in affirmed by the Judges of the Common Law. at Grimsby. Concerning ^ mitting the fame. unic and therefore cannot take any fuch Recognizances as a Court of Record may do. is of a thing utterly impofiible . a Ship to arrive in ivurdo de cheapo where there is no Water to bear or carry. viz. forafmuch as the Admiral and : : ' . becaufe Cuilibet in fua arte merito credendum^ that the fame ihould be allowed the Admiral Court. becaufe otherwife it were to admit that by way of which Nature will not allow and therefore although one thatisdcad.]). Whereunto it may be replied That feme things done by. 8. That whereas time out of mind the Admiral-Court hath ufed to take Stipulations for appearance and performance of the A£Vs and Judgments of the fame Court .Eliz. and therefore not able to take fuch Stipulations. are matters of Record. and it is wholly void of equity. 125 foon fwallow up the other. or before the Admiral. The Fiction ought to be Equitable. that the Admiralty-Court is no Court of Record. for the tryal of fuch things. with advice of P. orfome other right inequity belonging to it. Sir Jhomas Hydlye in his view of the Civil Laws. the third Objedion of the Complaint. that a Child in the Mothers Womb. but only on the Sea. the Admiralty proceeding the That by is. as it is apparent by the Statute of the %. yet one who dyed two hundred years fmce. in regard that in Law no Fiction ought to be admitted. the Common Law. if at that time any of his equals in age be lUll living. . that they were done vi mv^ which is the ufual form of Indiftments ot Trefpafles in the King's. is Civil Law. to Ibme conftruilions of Law. equity. becaufe if there be no rcafon for it. concerning Stipulations and Libels. as by the Law they ought tence be given in that Court. and therefore although the Law may adit is altogether unnecelTary and ufclefs mit a Fiition and fuppofition.^. is already born. u'hich might not have been had in the Court of Admiralty. but an appeal to certain Delegates doth lie. Admirnlt)' of Fn^rland Afferted. That when the King ivrites by his Letters Patents to the Admiral to arreji Ships mors or lefs for his fervice. no Writ of Errour. although it may be prefumed. That to be Pollible.z^cs be maintained from an ancient Ordinance of King Richard the Firft. A(£l:ions of Trefpafs. further (hews how injurious to the Admiralty. becaufe a Tryal of any bufinels thereupon cannot obtain any juft and fair remedy thereby at the Common I aw. no Court of Record. and of wrongs and injuries done in other places without force or violence.b. to make fuch arCaules tryable in the King s Courts. as vain and ridiculous. t - . Firft. Thativhere Cokfi^Reihe principal matter is acknowledged to beef Ecclefiaftkal Cogniface^the Temporal Judges ^'TrV^V owrht not to call hi quefiion the form of Proceedings ^ though they he againfl the reafon of u^-j. for its benefit. which provcth that it is no Court of Record.— ' ~'~ — " ™ ' — — —— - - — . in regard that otherwife it might be deprived of its Filial portion. and unrcafonable this pradice is. that vj\3XS\t Edward Coke affirms. all of the fame age being long before dead. may B. but alfo the wrong of the Prince from whomtholc Jurifdi'lions are derived. it is ihewed. not only to the prejudice of the Subjects for whofc good the diverllty of Courts were erefted. isecondly. . but fuch as is both poflible and equitable . cannot to any purpolc be fuppofed to be living. ayid that the Admiral Jhould ivrite to his Lieutenant to fee things put in execution accordingly. we find that ProAnd if an erronious Senhibitions have been granted. But for the fidlion of it ought not to be admitted. Jacob. than any Court of the • Common Law. and hereupon The anfwcr whercProhibitions are granted to the utter overthrow of that Court. it is fuggefted. nor violence ufed in con> Secondly. yet where there is no luch reafon or it ought fuppofition. Touching the interrupting and obftru£ling the Proceedings in the Court of Admiralty in Caufes properly belonging to the lame.5the Lords. Regime^ Cap.

and in the Courts of the Univerfities proceeding by the Civil Law. or Book. concerning Libels in the Court of Admiralty. the names of the Ships arrejied. Exhibiting Procurations from them to that purpofe. the Admiralty Jurifdi£i-ion being more diflind from the Common Law. which is other wife in Recognizances taken in Courts of Records by the Common Law j it may feem ftrange that Sir Edward Coke acknowledging and allowing the proceedings of that Court to be according to the Civil Laws. that if a Contract in truth were made at Sea. but in the latei* cafe. that any of the Parties be of the Houfhold. or Fadlors.I 2o and hu Lieutenants or to The Jurifdi^ion of the are of Record^ After the Admiral fhall Lne written to the King^ the ChanceHour nj England. and the performances of Decrees and Sentences in that Court. and a particular Jurifdiftion over things that never did belong to the Courts of Common Law. no more are the Stipulations taken there. Secondly. and univerfally pra£Vifed. That the Declaration is good. the fame things are done in their names by their Servants. the fame fliould not be allowed in the Admi- And ralty-Court. and therefore a Fortiori it is not neceflary in the Admiralty to fpecifie in the Libel the thing to have been done. the Courts of Common Law have general Jurifdidlion of thofe things. Se (^ Executores. than that of the Court of to the Publique Notaries about the ^ -. And it may be noted. nay de Jure. bona tarn immobilia quam molilia prefentia in futura. if the caufe be Maritime. as any words of the Statutes touching the Admiralty. together with the names of the Owners and Majiers of them. that amongft Sir Edward Coke's Authories there cannot be defcerncd any Statute. Ne judicia fint eluforia. And fometimes themfel ves being abfent. and bind. in regard that. to make good the Anfwer to that Objeftion. becaufe prima facie. - • Exchange.] udgment. but which is wholly diftindt from the hmo. Caroli^ differs from him in opinion. taking of Stipulations or Bails for the Parties appearance. created in diminution of the general Courts of Common Law. without Exception or Control! it hath been allowed. . as likewife in this Kingdom in the Conftable and Marfhal's Court. and diftinguiihes betwixt a particular Jurifdidion. The Lord Hobard in Audly and Jennings cafe affirms. in the Complaint. out of any refpetS: to the Courts of Common Law. but admitting that the Court of Admiralty is not a Court of Record in ordinary matters. ( in a manner nearer to the Recognizances of the Common Law) do acknowledge bonds. ASSERT. and in the Admirals Court it be laid generally. fuch Recognizances as are required to be taken in Courts of Record by the Common Law. nor extending to any part of mens Lands. and by the Books of the Common Laws. and for Confirmation thereof he affirms. for the Libel muft warrant the Sutc in it felf .cafe. for that it doth not tend to the diminution of any of thofe Courts. And the complaint in this point may feem the more confiderable. a Prohibition might lye. (lands partly upon the Statute Art-iculi fuper chart as. Marfhalfcy. Pafchce xz. the Marfhall cannot hold Plea in fome cafes unlefs both parties be of the King s Houfhold. But Juftice Reeves in his Argument. although it be not averred therein. thofe Stipulations caufing no privileged obligations before other bonds. there is no need to averr it to have been done upon the Sea. and the words of that Statute are as reftridivc. where judicial proceedings are according to that Law. That Merchants appearing before them. That the Jurifdidion of the Marlhalfey. fhall he admitted to fay that the Ship u not arrejled. nor in any cafe unlefs one of the Parties be fo yet it is refolved. as of the Admiralty. prefcribed by the Civil Law. . fuper alto mart. In the firfl cafe he confefleth that it is neceflary to allege the caufeof Adion to arife within the new created Jurifdiftion. without faying fuper alto mari. in that cafe neither the Owner of the Ship^ nor the Mafier.

and de piano. hath been formerly obfervcd. the Kings Cujloms and Strength of Shipping. the Judges proceed in Caufes concerning the Sea. as might befl confilt. hath fcemcd to the wifdom of this Kingdom. and advancement of Navigation. or in thofe Months when Navigation was is confirmed by Salmatius. and Commodities hut only by Ships. and Caufes France. and c'//. . is Navigation and Trade more commodious for the the Courts Subjects. concerns the nWa^er delivers. as ivell for the intercourfe and concourfe of Merchants conveying and tranfport ing their Wares and Merchandizes. and Subjects thereof.. ac vela dabunt. Havens. and Summarily and in a more . were ordered to proceed. j. That it is notonou/ly known that the Realm of England. as alfo for the maintenance of r/iany Mafters. by a/J good means to comfort and encourage the Merchant. with the opportunities of Trade. tfavigationes fua( ut plurimum defnebant mercatores. and tranfport their Wares. E C for . and every SuhjeCl hath intere^ j For the Merchant u the good ^ji. thereby to advance the general wealth of this Realm. as at Athens. ideo ah eo menfe Munichionem ufque wuo menfe iterum fe mari commit tebant. That the trial of Caiifes concerning^ IX. Mercatores Athenienjes in urbe defidehant.m 37:^' to hear and determine caufes concerning 1 rade and affairs of the Sea. fram'd by common confent of tlic KingThe Statute of the 31.^^"^^'°^^^' /if of the Realm. in all Nations and States there have been fpecial Judges appointed 47. fets forth. and alfo hath been the chief maintenance and fuppertathe Suhjetls cannot convey. 1 hat Trade and tr^nnic n the. and Kingdom. as Sir ^ohn Davies relates. and' leall hinder or detain Men trom their Imployments. 1 27 ASSERT. That it hath always been the Policy of this Realm. and that the Navy. much tbe maintenance HOw is Trade by Sea. Levato velo. and multitude of Ships of the Realm is very commodious and neceffary. Formality which was ufed in ordinary Courts.^ j mans\kc\'\{t.aott<. <^c.. Sir £^who faith. Amonfl x\QGraciavs. Boedrowion in thofe vacations ' ^ "*' ^ refrained So much quippe men/is qui Septembri refpondent. and Vent the Native Commodities."" Magna dm. as well to offend and defend. chap.ol Elizabeth. chap. in the Court of Admiralty. for a more jpeedy recovery of debts due unto Merchants. Amongft the Ro. for the better difpatch of Caufes concerning Sea-bufinelTes. z^. of Henry 8. That for the encouragement of thofe who mainshoUsCma Trade by Sea. for the defence and bene ft of the Realm. hood of a Merchant^ and the life oj tUConmon-wcalth^ wherein the King. have ml only made extraordinary proviftons. thejujges '^^'^li. terminus erat nav/gationum Atticarum. and to Jmmt and Bring in the vecejfary Commodities. So much confirmed by feveral A^s of Parliament. hy LandJ Towns.Adjniralty of England Ajfnted. domumque redibant . iz. lively- Comment up. to Expert. without that Solemnity. Mariners and Seamen. declares. ut videre ejl apud Demofihenem adverfus Apaturium. lites fuas difceptabant. Spam. PmtmdeLeit was provided. That all Sutes betwixt Seamen and Merchants Jhould be determined ^'^«-' ''«'«/" It tain when the Seas were barred. and in fuch manner. and a great defence and fee urity to this Realm. tion of Cities. fo that dom. Merchandizes. and it may be further noted. and Creeks near adjoyning unto the Sea-coafls : Likewife that of the ^-i^. So in Italy. Eo tempore quo oritur Artluriu . than in Common Law. that fuch Judges have been directed to proceed atfuch times. Our Farljament. ^ /. quo tempore fere Ariluriis oritur. compendious way than other Judges ufe And the like. faith he. of and Kingdom of England. for the mofl part^ u invironed with the Seas.

and in all Caufes of Common Law. by the courfe amongft not which is adAttorney. whereas hy the Rule of all. it might be thought reafonable refpeded. according to the Caufes of Merchants fhallhe from De Mercato- and by another and not according to the courfe of the Common Law . ordinary in an proceed only in Term'times. all which are of no force at the Common Law. Bills Merchants. unlefs and A^. and the Defendant given for the was Judgment the and to do. and from hour to hour. Policies of affurance in. more is Law to confine them to other Courts. Jf two Merchants. and recover the Contrads. x. but that other things not take notice of the Law-Merchant. 7 hat neither of the which may To in thofe Cafes. and oF the 43. ufe who thofe of advantage Benches. and as difcretion which m many Admiralty. account to other for the call Goods the one fhall not fhall not have all. r^a. and without delay. To which may be added. it is declared.vfr relating feveral Tnftances to that purpofe. and according to Equity. hut hy the Rule of Second. be added the Statute of the 3x. predominant. /hall hy the Common L^w. or PartKcrs cf Merchandizes. hrought an azainji another nants of other Goods. one Merchandizes. moreover mittcd in the Common Law. without Seals. heand Lading. further Davies the Merchants: for as Sirjf. cap.and Deed. Staple.^x'e which is without a Deed in Writing ) the De. he may barr the Plaintiff from fendmthy the Common Law may wage his Law. the Debt. Common the if Mercatoriam. touchingall things coming to the Law of the Staple. in if Interejl chant] have a joynt the Law-merchant call the Jurviver to an hut the Executor of the party deceafed. !{ two Merthe fame. made Statute the nth of Edward the Firfi. if there he two joy nt Teaccount for the Moity. what Malines admitted to debe {hall Merchants. of Henry 8. Caufes proceed at any time. without Deed. where the Befides. without the of Sea Law the That confiderable. are of good credit and Debts. hut Tickets. not agreeable to the Firft. of the as appears hy^the thm is provided iy our Common Law. where another thofe things are not approved for there may be danger of doubt thereof. than more is Law-Merchant them the choice of that Court. Third. in Merchants to allow if they fo defire hkcwife confidered. his as him. Cafes. That is. betwixt Seamen and Merchants fhallhe orchap. As by Charterfor a Voyage to the Indies. he was the Courts of Common Law cannot or do It is not hereby intended that Plaintiff. the other. Afiionof Deht upon a fimple Contra^. Jurifdifiion any have jhali Law Jud<res of the Common chap. Staple fhall be ruled the to coming Merchants all That Article in the fame Parliament. That the proceedings in tute of the zith . That fuch Caufes All fhall feem moft convenient.. the bearer of fuch Bills. and ^ Navigation. Statute VAaonBurnel. the Common Laxv no mans At obferves. which may be better infifted on in the Court Sir declared by John is So much miralty than in the Courts of the Common Law. Letters of advice. of Suteshetween delivered: But in and Credence. Edward ^th of ribus made the i the courfe of our Common Law . of Letters mand. which direft. A Ship is looks one way. the furviver dye. dered fummarily. hy of the land'. For by the Stain Cafes of Merchants. permitted not fo wazed his Law. faith they have acq^uired hy a joynt which he he )oynt Owners. per month Afliznations of Freiahted or hired . at 20 1. force hy the obferves That Law-Merchant. and not by the Common Law Law^merchant. In an the furviver Per jus accrefcendi #^// /./^« the famehefealed. of ^^^fa^eth. Secundum Legem againfi Account Conirad the ote jhall have an AtVion of men he joyntly feized of other two Law. becaufe in the Admiralty amongft fufficient held are which proofs at the Common Law. nor any the Secondly For the The Law-merchant and Laws of the Sea admit of divers things of AdCommon Law of the Realm. 1 5. and Trade by Sea. nor can be obferved and ftria way. IX. when the Common Law looks another . hut when one John owe not doth he his Aaion by taking an Oath that Legem Mercatoriam Secundum Deht Aflion of CMmvtoT^l Merchant. of and by another Article. and the hath allowed a Court of Proceedings hutalfo the Firft./Edward the day to day. It is for inftance. Writin.T^i" for their T^he Jurifdiclion Merchandizes. the of which was and may be obferved in the Court fummarily. which are open Courts in but neither is. different from Third. can he pleaded againfi Bills of Exchange. would have Merchant upon a Contra^.

and Covenants of tlungsto be performed for wliicluhe tC X Owners . notice) That if Mariners.inin„ f '|"'". it England any Aferted.W.nd hZ. 7 "". one and he fame Aftion maybe brought agunft divcrfe and feveral perfons..n allowed. every man mutt be fued feverally which the Parliament in the Act concerning alFurances..gh:ed her. to the great charge of every particular and to the excertlve damage ot the Matters.>ea. that is concerning Charter-parties ^' and Frlh/7 Freight due for imployment ot Shipping. Again.^^v h relieved by the Defendants anfwer upon o'ath.//. without long t P"'"'*'"^ of time. The Merchant lofing liis Goods the eth his Freight. held inconvenient.%sithatl. be enforced to attend the ordinary terms of the Common Law Fourthly The Court of Admiralty for the conveniency and difpatch of Merchants. . for in that Court according to the CivH Law the Pkinrir. Bcndesthe inconvenience.UN "''"'" orOwneTXh " °' ?'^" tarryinSSingof m^ CommonUw ^^^stnTtte^^^^^^ raon occafions.. if the Owner OwierX' noT'bS fame '.^. tbr not (hvin » Port of difcharge fo many days as were agreed upon for which tie oJn^r K "k jy.. with little prejudice to the Mafters filed at ilie hccfcape lofeth thought fo if he lofcth his Frcieht for tlic his Wages for the time he ferved QmU-Hall Manner oT? Xh hapSy waaM the W 1 ^''°S«''"' ^'>^^«»^ w en they fueTt he // every man ^c""? C«. as Mar i^r fo Wats at J fma charge to themlelves."'' "'^^'•"Wg'. bctoreihe makes :i the th"/sh'"' of . as when many joyn in fubfcription to a Policy of alTurance.ght tor eight A^ta7oyment of Port. which in thl^rLrvCou^t^f^S: Common Law IS not afforded.Ship oaglit to liavc tre.^ ^^Jl Chartcr-parues. or Owners.//. by which '"fT IS<Sl^:^t:Z^^'-'''^ What inconvenience ^^'"*^°- ™y bebeS^mfiedifXed- may follow both '"'' t^hhonX°^^™™°"^"*' ""y'fP^' '"?"<= to the Private and Publick bv the intemo.r veMeXn^^ th< M. of thofe who ufe Navigation and TrL'fil^/'"'Tl"' Trade by Sea . te brought at the Common Law upon a Charter-party. and Seamens Caufes. Moreover. whereas in thofe Courts the Fv°dence muft C. many times in caufes concerning Navigat on and Trade i"de no proof can be made but bv Witncfe rpm. but . u-ho Frc. undertakme . .^ '^C°-'"-Law. with her lad Months: But by the Law o which l»th always be. fues feverally. admits of Proofs. a-d thofe who upport Naiat^^and Divers other Inftancesniight be given.iS. much It concerns the good of the Kingdom. by obftruftions made unto the^dmi particular. and in 'the ke man ner divers and fevera Perfons may joyn in the fame Sute. by. g^Jt&'^rP--"'^--^-^ dXr thofe places. There is but one Tnftance J^ven of a S. which by reafon of the^oF ten Voyages and Paffiges mud depart.t ':"=°"'?f is confiderable tlut in the Court of Admiralty. whidi the Courts of do not allow. the (1^1 129 np appcareih that having been eight Months in chant. „r v7 u' Agam. (of which thc^Statute^f the x8^ of /j£v takes y. if Judgments be siTenaiainft them."'"^'. the ^8 of which was on the Merchants part for breach of Covenant..8 Admtraltf of party.f a be brought at the Common Law.t fame oufinefs.lLc."'^™ which the Writsof the Common Law Irexfrnd" " m bu W^t'eT b'^ Com "'"^"y f*or'n and ex mh^ d by Ma^^aS. or Shippers.. '^H'^h'''"^-^"'^"' and their examinations fo taken are allowed for fufficient proof I "' S u^on it would appear that the Court "'' '""'''"'"^ Navigation aTd Trade" ih mo conven™nc7 than conveniency thaThVc the Courts of Common Law But thefe confidereH -.

it being mod probable by what hath been obferved. that thereby was occafioned infinite lofs to the Owners of the Shipping. . if upon every breach advantage lliould be tanken no man would have great comfort in hiring out Ships to Sea And it may be obferved. when Prohibitions are tranfmarinisy The Mergranted for Contrafts. That that Merchant which declines that Court knows he is in no danger clfewhere . thefe things conduce to the impoveriftiing of Mariners who are the life of Shipping. it muft follow. : bound under a general penalty. to which Sir Edward Coke feems to be no great fi-iend. and it falls out many times. and Merchants not always having good fuccefs. the Mariner cannot fo well obtain his Wages. yet howfoever it is poffible it is not ufual for that Court to fend Commiffions into Foreign parts. without refpect to the Chancery.I30 are . and the pretence is for the right of Jurifdiibion in the King's Courts of the Common Law. or in truth afford proteftiontofuch them to confider. That infinite Prohibitions have been granted in Caufes commenced in the Admiralty upon Charter-parties. and in confequence muft betake himfelf to fome other courfe of life. that there is no Prefident that ever any man fued for Freight at the Common Law. ^ FINIS. That the caufe lor Freight being flopped in the Admiralty. than divers Ordinances and Conftitutions intended for the maintenance thereof can poffibly advance the fame. there was no means to recover the fame in the Courts of the Common Law. we leave thofe courfes High Courts to countenance. and the Owner lofing his Freight. The JunfdiMion of they &c. thinks himfelf fecure from any danger at the Common Law. For that is a certain Rule. which argues much difficulty in that way. but how far it Hands with in extremity. the digrtity of the fhifts. as probably the performance of the Voyage being to be maintained by fuch proofs as cannot be produced in thofe Courts. Befides the decay of Shipping. but no man can conceive otherwife. The like inconvenience falls out in Trade and Commerce. for Freight is faid to be the mother of Wages. and proof may be made by Commiflion. That for long Voyages great fums are due for Freight. than that muft needs more weaken the Shipping of the Kingdom. And although it may be fuppofed that remedy may be given in the Chancery. are fometimes put to their Ihifts. or things done in partiius exteris chant if he can avoid the Admiralty where he muft anfwer upon Oath. And whereas it is affirmed.

Gent. Intitled. By Gl/r MIEGE.WISBY. AND THE HANSE-TOWNS. LONDON. Taken out of a French Book. Printed by J. . Redmayne^ for T. Baffet at the fign of the George near St.I ANCIENT SEA-LAWS O F THE OLERON. Lcs Us 6c Coutumes de la Men AND Rendred into Engli/b. DnnJlanS Church in Fleet-fir eet^ and ElU. for the Ufe of NAVIGATION. Still in Force. Smith under the Fia^a of the Royal-EschangCy MCDLXXXVI.

£131^'' .

Related Interests

]H tried. may more properly be faid to arife frbm they happen to be made. to extended are Bodies of Counties.«m. Contra^s. _. and are caufed. andthatnoPrefidentcanbe {hewed. for that & lact. thereof. whei. or written within bufineffes. and Profits pertaining to acknowledged that the Comnt or ought to have of rzght j by which words it is to that Jurifdidion. a Probufineflesof concerning cerning any Terrene Caufe. etiamfi gis. vigorque ipfm legu. .WC^^^ Sir cording to the general Rule which is made of that of the 15.7^of Contrafts. and Quarrels occafioned by Pleas. for the reafons following. i. or from the relults Law the a^o oritur ex deMo. FranchiAdmirals thereof was to hinder the and other Lords. . of worthy feem may it Now hibition might be granted. concerning any Marine caufe made or granted for any Contrafl:. bemg thmgs incorporeal or that. or occafioned. and Quarbe faid to arife within the Body of the County. canbejuftified.

For the better difcerning of the meaning of this Statute. or not performed. the Plaintiff may fue his ailion or Quarrel before the Juflices of the Staple by the Law of the vStaplc. ch caufam aHqnam a re maritima ortam^ and Salmatius ( as before ) faith. quia cujus juris. of all manner of things touching the Staple. or ill performance of the fame. or without. Fourthly. or written . unlcfs he make choice to fue in fomc other place of the Common Law .i^e. the Lord may complain thereof to the Ordinary. efl in writes. or written within the County. ejufdem erit accefforium . Secondly. although made. it admitted. (hould be tried before the Judge of the Admiralty. made from the place of performance. or other Towns.. quiafemper videndum propter quid aliquid And again. That where Contrails or Covenants did concern B b z . Burroughs. vel promittatur. than by the common Laws or Cuftomes of the Countries. where her Husband lived. whofe Office it is to determine Maritime caufes. Secondly. That the Merchants bufinefles. the Law-merchant. it allows Jurifdi«Slion to other Courts . pour le fait de la Mer^ Mr. et(j mmnn m ^ D» Vufum '^•^* ^. ^'"''"*- vec enim id geniu cotttratlus cft^ ut tarn cum locumjpednri oporteat^ in quo inllrumeMtum dot is matrimonii reditura a^um eji^ quam locum domicilii^ in quem mulier per conditionem erat^ When a Dowry is to be refiored to a Wife^ after her Hiubands not to be death or divorce^ it is ejlimated^ according to the 'value of things where the inHrumeut or deed of the Dowry was made. in 3 Chap. although Sutes touching Tenures and Services beJit. from which may be obferved. the Common Law is not fo ftrid. where one party is a Merchant. And certainly if made of the Law. it is offered to confiderationwhat hath been the fenfc of Parliaments in preceding and fubfequent Statutes. Thirdly. and Pleas and Quarrels arc occafioned by the non. 105 and the Adlion is occafioned by the fault. of which tile Vicinage to the place where the Contraft was made. MmIter exigere dotcni ill/c debet ^ iili maritiis domic ilium hahet^ fton ubi inJirumeMtum dotale conjcriptum f//. by the Ecclefiaflical Court. and not by the Common Law of the Land. And in another place he gives a reafon for the fame. id. and Merchant or other. So Tj/p/an a famous Roman Lawcr faith. ^c. fl? all have Jurifdidion and Conujance within the Towns where the Staple Jhall be. it may be determined by a Jury of the place.performance. and determined only by the Courts and courfe of Common Law. which fhall he ruled by the Law Merchant. and Sir Edward Coke in his Comment thereupon obferves. Frank Almain^ fail to perform divine Service. viz. in foro Ecclefia^ico terminari ^*"*"»«principale. conftruilions are what would be more Thirdly. That the Mayors and ConflaUes of the Staple. but according to the value of the place where the Dowry was to be made good. nor by the ufage of Cities. long to the fame Courts of Common Law. that the Law doth appoint every thing to be done. That a Maritime Contrail. yet Littleton fliews. For although Promifes and Contrails of money. Seldett renders it in Latin. were made of this Statute. being to have fomething performed. that is the place. But if the Plea or Sute be ( as moll commonly it is ) whether the Contradl be performed.Admiralty facV. and therefore it is improbable that the Statute ihould intend that fuch Sutes (hould be tried. jurifdi^ionis. that the end of a Contract. ufur^ ^^^^ tra'jetl'ttiam prcejlandtje propter pecuniam terris maritma ^ nauticce 'vocantur. Firfl. the 3. than the place where the Contract was made. yet as Bra^on Dmidno debent. That if Tenants in Sca.wtur. So that all manner of Contrails and Covenants made betwit Merchant. whether the Contract be made within the Staple. of England Ajferted. are generally Pleadable in the Courts of Common Law. where it is declared. d. it cannot be determined but upon proofs. caufiS de rebus promiffis ob caufam matrimonii. but that according to the nature of the bufinete. for that if the QiJeftion be whether a Maratime Contrail were made or no. Lord hath remedy for his Divine Service ( albeit it iffue out of tem- ) in foro Ecclefiaflico. by the Judgment of the Parliament. ' f^'H^e. So where the Jurifdidion of the Admiral of France^ is faid to be. The place of performance is more confidcrablc. as firfl in the Statute of the Staple made in the 27 of Edw. can take no notice. by thofe to whofe Office it properly appertaineth^ the and fo faith poral Lands eafily he. difcufled. were held fitter to be regulated by a fpecial Law.

not having been let ten hy wind or weather. to their great churges.. Provided always. Chap. it was Covenant were made or Contrad the whether Jurifdidion. that he amongft others. thereupon it was to p. The Statute of the 52 of Hen. that if any Merehant-(iranger. and according It is true. Parliament to pals that Att. or not paying the Freight according to agreement in the tame contained afld expreft.uesof every feveral afjurers hy Sutes commenced in her Majefiies Courts. ena^ed. was one who upon experience of the great inconveniences which followed upon the (i^ awing ol tho e Caufes. toffek their t^o. firfl. and . or hy long delayzr. delay. hy negligent Wares. without protra^ing of time. to point of Staple. and without delay take keeping of his fuch order therein. and held Pleas of Charter-parties. in a brief Malines aiErms. touching things to be performed at Sea. againfi the faid Owners or Mafters^ who fhall or may fummarily. the caufes being hmc irJe reciprocal. concerning the Shipping of this Kingdom. either in not Lading tneir Goods within the time appointed. the Lad/Mjiof made tetwixt the Owner. which fh all he hy the f Ship or Veffel. the of precinGs the within or without The fubfequent Statutes are that of the 31 of Hen. to belong to the Conufance of the Courts of Common Law. cr damnified.nned. the 2. or protratling of. El!zahethy of with Policies of AfTurance. chap. an A^ rion was brought upon the statute. c. his Lieutenant. by William Hore againfi Jeffery Vnton. giving power to certain CommiJJioners (the firft whereof is the Judge of the Admiralty) to ord^rand decree fuch Caufes. becaufe they are ufually made at Land. of double damages. his Mailer. Iliud quod in uno eodemque judiciG terminan por. and declared Touching Charter-parties. time.1 06" 'The Jurifdi^ion of the not thought conconcern Mei\:handize. or other. 14. and it were very Owner!>. Ihat whereas dif> ferences growing upon Policies of Affurance -id proved by the years . and and provide that all Wares and alfo that they. or fuch as (hew that {incethe making of the Statute of the 15 of Rich. and fummary courfe. That the Owners^ the Freighting^ or or Majiers make their departure from the Port of London . until ihat cf late fought divers perfons did withdraw thf:-felves from that arbitrary courje. 2. 6. and their Servants brought into any Merchandifes. or matters belonging to the Staple. before the Lord Admiral of England for the time being. within the bodies of Counties.. who had fued the faid Hore in the . chap. fiderable. Chap. declares. from medling Law Common of the Courts hinders which i x. to the Courts of Common Law. which declares and that of the 43 that the Court of Admiralty may hold plea of Charter-parties . or any of the Mariners of the faid Ship. I. who did jpeediU been ordered by difcreet Merchants. inmaking of the Voyage. 3. which may be conceived to be intended to debar the Admiral from the Conufance of Contracts. 8. prohibiting the employment of Foreign Ships. and delay. and every of them to his power ^ fha/l fee aid Merchants. or d. and Writings made at Land. without ferm-alities if pleading and proceedings.' X. and have draw the parties affhred. apud diverfos 'judices ventilari. if the Mailer or Owner having duely performed their Voyage. that the Cafes expreft. are for the Merto right and jufice in that behalf. according Satisfaction for chants to recover 2nd Mafters of Ships.g. Jind himjdf gr/eved. \%. or Deputy. which two things are the main matters endeavoured to be mainrained by the Statute of the i f of Rich. hy the faid Owner. or hy the faid Charter-party. as Jhall be thought to their dijcreticns mofi convenient. that a Commijfion fhould begr. Lord Mayor. wind as as foon Ship.. 14. that in the 3 1 of Hen. the from to the Charter-party unreafonable. Chap. and not beiore. not oblerving the Charter-party. ordained. the Courts of ^'ommonLaw have folicited the The Legal authorities admitted.T mage done to their Goods.r being fometimes held an abfurdity. apdecide thofe Caujes. of Policies of Aflurance. The Statute of the 43 of Elizahtth . he fhall and may have his remedy by way of complaint. might not feek the like remedy beiore the fame J ic^ge againft the Merchants. fl^all he honejily and in g''od order faved and kept . it is fliewed fomething concerning Mariners wages. or Majkfy and the Merchants. otherwife than fhall he agreed in. after according to the Charter-party will and weather ferve. 24. or Merchandifes.

that the Contraft doth rife only there. 8. by virtue of the Statute ot the 3x. but the laft. quia contrailus ille Touching that of the x8. touching a promife made at Dartmouth. 8. 5. Kcfv-im Sarum rnfra Corpus Cvmttatiis. ton.Rich. That the ifTue did ante out of a place in a Foreign Kingdom from whence no Jury by twelve Men gilt be had. upon a Charter-party. that Judgment may be thought not to have been grounded fo much upon Reafon as it was upon the common received Opinion of themeaning of that Statute. from a Policy of AfTurance. the AfTumpfit was made at London. and the occafion thereof. as it is therein related. might fue in the Admiralty for damage done to his Goods aboard a Ship. of the Book of 48 of Edw. m and the whole Bench refolved. yet if his wages be not paid they (hall be demanded in that Court. that. Nemy per ley Mariner. betwixt Hore and TJnwherein double Damages were given for fuing in the Admiralty Court upon a Charter-party. wliich was afterwards furprized by the Spaniard upon the high Sea. in general. where it was undertaken.m the Realm of France^ and the matter was there adjudged:To which may be added what Sir EdvcCoke delivers tor Law in Dowdales Cafe. in regard. and 40 1. and in arreft of Judgment it being (hewed. Admiralty of England Ajferted. and it fo appears^ the Tryal fails at the Common Law: But here. whereupon he was condemned m foo J. in a Cafe betwixt Crane and Bell. for the breach of Covenant. Fourfcore pounds. although it be moft probable . ^ whereby . Again. in not ftaying at Muttrel in 5/>j/w. Touching the Particulars. and if it were fo. it be replyed . -l. contrary to the Charter-party. Sir Chrijlopher IVray. and therefore the Tryal ot" neceflity (liall be there. faith he.6 oi Elizabeth. the Ship being Arrefted by the French King in the River o{Somme. that the Plaintiff ftiould recover 500 1. are grounded upon the commonly received fenfeof the Statute of the i^. of Elizabeth. fictus junvlus fuit. fo many days as were Umited by the Covenant. which is the ground and foundation of the A£tion. yet the promife was upon the Land. and the Arreft which is the liTue. an Adion of the Cafe was brought in the Kings-Bench upon an Airumpfit. That a Ship (hould fail lafely ^xon\ Melcomb Regis to Abhevil \n France. from whence in truth it doth more properly arife . where it is faid. in the County of Norfolk. without any refpeft to the place where it was made? if no reafon can be (hewed. Tliat in tha 38 of Hen. or otherwife it (hall not be tryed at all . 107 the . where it is made or written. it may be hoped that it may not be held a Crime unexcufable. is not the ground of the Aftion. if To thete Authorities may a Man Ihould doubt of the reafonablenefs ot thofe Authorities. of Hen. it is faid. Agiin. juntlus fu/t ^ ^ whcreu|X)n damages were colls ro aflclled againft the Dcfcrklant to an hundred Mj^rks. tor although the taking were upon the Sea. in the Kings-Bench. it wa!> held not determinable in the Admiralty. without any refpe£t Po the nature of the bufinefs. Cum combien le contrail comme le performance. CfTc.of FJenry 6. but theAlTumpfit. apud novam Sarutn. is wholly elone beyond the Sea. ^c.Aumiralry tor Fourfcore pounds upon a Charter-party of Freightment of a Ship ot the laid Jepyes. And whereas other Ads of Parliament have in fome fpecial points ordained and declared otherwife. Concerning Policies of Afllirance. bccaufe the Charter-party was made at Thetford within the Realm. bv a i>eed indented which was made at ThetjorJ. and that therefore the Tryal was not fufficicnt. That if a Mariner make a Covenant with one tofervein a Ship on the Sea. by the Common Law. that in the zS o( E/izuleih. that in the 7. that the Sute was upon a Charter-party of Freightment. Touching Mariners wages is.. Evangelilf ConjLxnfme fued Uu(^h Glynn. w^en as well the Contrad as the performance of it. It doth not appear it was for the freight of the Ship. why the Matter of the Ship (hould not as well fue for his Freight. imployed to go towards Ip»c/. As Firl\of the ^i. That the Ship (hould pafs witliout taking. bcfides the cofts and damages. as the Merchant by virtue of the fame Statute. ContraHiu ille apud non fuper altum mare Jaths.

That the Tryal muft be at the Common Law. withor more properly have been tryed in the Admiralty /br/#«.u And as touching the infinite Prohibitions granted upon Sutes and made declared fomething Admiralty concerning Charter-parties. upon an Obligation dated at Harflet in Kent. Court . although Mariner a if faid.^. to the inconvenient altogether were thofe Caufes at the CommonLaw. to other taining of Proceedings iofuch bufinefles.^ and^whether the former Judges. by Men. yet m make paid a they fliall be demanded by the Common Uw. be^ Plaintiff the whole Bench refolved.io8 The Jtirifdi^ion of the for breach of Covenant in a Char^ whereby Glynn was condemned to Conflantine though fomefar more reafonaWe Cafe a fecms ^r party. and that the Arreft. Another was due by covenant. That the m Norfolk within the Realm. That the Affumpfit As Reafons.'s The fame. m done in War m France. appear reafonable hereafter. from whence no Jury. That the fum Ano- b War. in the firft is premifed formerly fo that Only that is what Chap. may from this Cafe be excufed. in Ca k had that in Tmbargo or and foundation of the Adion.Wc.of Bookof the Thirdly. proceeded well or not. which might Tryal no been have could there for otherwif? could have been noTryal in any there havffavour'd of fome reafon. the Arreft. So that u is plam it was . tmna Pri^vous. ( Conftable and Marlhals-Court . ceedings mainthe Cafe for Kingdom: yet in regard Sir Edward Coke'sKGzions in Dowdales the to matters. touchingthat of wages to ferve in a Ship on the Sea. but the Caufe the AfTurance-Court. been hath it though by the Statute of the 43. That £^H. Charter-party.. befcaufe it is not becfm^menced at the Common Law upon a V^^^^'y^^^''^^'^''^']^^^^^^^^ Madrill. had touching Judgments and judicial Ads. > not the Aflumpfit. they ftiall be demanded in that Comthe at brought being Law Mar n'er. againfta Sutemthe Charter-party. other Court.r^ 48. Sir Edmrd Ihould recover coft and damages. theremade in Normandy. or theConufance thereof did belong to the Common brought upon aCharter-party. an been not had Affumpf^haveproduc'd an Adion. out a Jury or Tryal of Twelve the 3 where it is faid. could the neither AfTumpfit. were whether that faid. Sir£^«. ZXt^SkEdlardCoke had incompetent Jury . fo many days as were Iimitted by the of Covenant. was no matenal. and the confideration was Service growing due for Service done demanded upon one of the Judges faid. and the neareft and immediate ground of the granted that. Common Court by be not paid. might be recovered in that be not wages his if Covenant with one to ferve in a Ship on the Sea. it was alledged a Foreign Kingdom. no been no ground of an Adion. if there Aftion ? without doubt. yet if the if a Mariner make Covenant only the not by Law. that an Adion of Debt whereas in truth it was mo^ Law. Law. tl^ Caufe ought to be tryed in the Man to go in a theCaufe ) faid that he hired a as it feems willing to retain ther yet what Realm another done were Service the mefTage to Rome. in the fum of 500 1. the occafion was. ^ the commenced in . but which (as it was declared ) was Common Law which intended a Tryal of the in Iftue : And it is likely that the But which was in IfTue to be tryed Vicinag^ intendedit of the thing or matter made is AfTumpfit the where of necaffity he further argues. if there had been Butwhatwas Arreft. by the IlTue did arife out of a place in Coke^. If poflibly ^"^^^g^ ^erchams it mipht and Maritime being it was the Arreft.ys that Sir Chnjiopher Wray and Twelve Men might be had. acknowledeth^ as Witneffes. maybe applyed concerning obferved may be prejudice of the Admiralty-Jurifdiftion . in not flaying at thought no concluding argument. there may be ' . fomething is the ground firft. it Charter-party may upon a butthataSute denied. But whereas when in the ArAdmiralty for Freight grounded on a that the Tryal was not fufficient . of Elizaheth. becaufe the reftof Judgment.&c. for it was taken ^r m what was chiefly in queftion that was done in London . yet if the Sute were tTueorfalfe tryed by a competent. the Common Law al~ As tothe inftancesof Policies of Affurance held tryable at that the Proihewed. it is as Thetford at caSfc he Charter-party was made the fuggeftion in the Iflue. in another place.

tliat if it were in llfue whether fuch a Covenant were made. they fay. by the Statute of iz Hen. 8. although the charter-parties happen to be made within the Realm. jor Freight or Mariners wages. that it was there further agreed. 14.ix. That if a Sute he before the Admiral. That if Sute fhall be made in the Court of Admiralty. it was agreed unto by all the Judges and Attorney. This u agreed upon for things to he performed upon. Firft. but fuch as for his inter efl makes himfelf a party. or if the Queflion be made whether the Charter-party were made or not. but a fuit to another purpofc. amending. May. for building. or whether the party did releafe. 8. or jor breach oj Charter-parties for Voyages to be made beyond the Sea. though the fame Charter-parties be made within the Realm . againji the Ship it f elf. chap. or necejfary viilualling of a Ship. and according to the good meaning of the Statute of i-L. as Averted. faving. whether in the not a Rcfolution of the Court. The Anfwer is. a Prohibition is not to be granted. no Prohibition u to he granted^ though this be done within the Realm. though the Charter-party he made upon the Land. is75. or beyond the Seas. But if the Sute be for ttie penalty. ASSERT . fo as the penalty he not demanded. Secondly. 14. Admiralty Court."^'^~. \ 09 the ground thcreot might be. and although the money he payable within the Realm. or a denial upon Oath tendred.General before the king and his Counfel. chap.Admiralty of by way of argument England die. it is to be tryed by the King's Court at H'^eflminjler j So that at firft it be denied upon Oath that a Charter-party was made. it might more properly be tryed For confirmation on this point. according as it hath been accuftomed time out of mind.That the Judge of the Admiralty may have and enjoy the knowledge of the breach Charter-parties made between Mailers of Ships and Merchants for Voyages to be made to the parts beyond the Sea. and not againji any party by Name. to which it may be added. but it doth not conclude but that if the QuelUon were.IIen. and one Man's opinion And the fervicc in the Ship were performed on the Sea. it might be trycd at the Common Law. To the 4th Requeft of the Judge of the Admiralty to the Lord Chief uJ lliceof the Kings-Bench.

removing of Anchors. and uncertain. and divers other matters. apparent that Ports. the ufing of unlawful Nets. or Jurifdidion of any Contradl'. are places where Maand caufes of Difference concerning the fame. Secondly. the Court of Admiralty hath declares. &c. it doth not only debar the Admiral from the Conufance of thofe caufes. Richard z. Annoy-ances of the PMck-paffage. and not to thafof the Admiral. it is /.. Selden maintains that Navigable Rivers ^^e in the King's fpecial Dominion and Proteftion. fpe6t are pretended likewife Statutes. which he is fuppofed to have encroached to the prejudice of the Courts of Common Law. Ships. they . and Forefis : For the Fublick Rivers. lex generaliter loquens reftringenda efl . the dregging for Oyfters and Mufl*els at unfeafonAgainft the Admirals Jurifdi(aion in this reable times. and Merchants F « I . or any other which thing rifing within the Bodies of Counties. may happen. that every Water which flows and reflows^ u an Arm of the Sea and Mr. Book-cafes. and it is allowed by the Common Law. Statute is that of which no manner of Conufance. and Navigable Rivers. Admiral of England may hold Conufance of things done in Ports. That the VI. "''' ^ ' 2. either by Land or by Water latter part is fo General. it is evident by the Judgments of Oleron. and imVlfian ) ed locus conclufus quo importantur merces portation and exportation of Goods. and for falling foul one upon another in the Port or Habour. and taking Salmon at unfeafonable times. by reafon of unfit coardage and tackling. cutting of Buoy-ropes. as well as on the main Sea it felf. helong wholly to another Office. hut to the who are called the Prefidents or Majlers of the Waters. lelongs not to the Admiral of France. and Goods. as alfo for lofs done to Merchants Goods in the Ports of difcharge by mifcarriage in the unloading. as Ship-wrights taking exceflive wages. The firfl are faid to be within the bodies of the Counties of the Realm.. Power. than for any ordinary bufinefles of the Land. faith. de verb. Portus ( faith exportantur. That the Admirals Jurifdiftion is confined only to the high Sea. ^c. as it doth to the Admiral of England. It may likewife be iliewed out of the Inquifition taken at Quinhorough. and under the King. Thirdly. arc of the fame condition and ufe.no The Jurifdi^ion ef the ASSERT. That many caufes are refolved concerning Damages done by one Ship to another. that many things done in Ports and Navigable Rivers. D. : fpecial Jurifdi^ion of thofe the Dominion of the King of France. and unlawful Fi/hing. Judicial Ads. are within the Jurifdidion of the Admiralty. fignif. and wholly excluded from things done in Ports and Navigable Rivers. the fpoyling of Beds of Oyflers. De Dominio Marts Ub. 39. within the Jurifdiaion of the Admiral For he fhewing the difference betwixt the Admiral of France. as he affirms. as it is moft generally undcrftood by the Profeflbrs of the Common Law. failing in the River. by which it is endeavoured to be proved. &c. within the limits of that Kingdom. ^IrfV. which are in -. the Government of Rivers. Flumina navigahilia. and the Admiral of England. that according to the general rule delivered by Sir Edward Coke. and Navigaole Rivers. for by the general underflanding of it. but alfo from the conufance of thofe things. cftablilhed for Law in the Ad- miralty of England. that is Navigable Rivers. which . that which it^. and in truth are more proper for fuch affairs. before-mentioned. ritime bufinefles & affairs. as touch-ing Damages done to Perfons. do chiefly concern Navigation.

which done on the Sea. and without the Precin^l. as allthofe Caufcswhicli before this Statute did belong to the Admiral by the Roll of Oleron. or ought to have of right. intended by the words. which Criticifm might have the better palled.ir Nature. whereas the words in that place are Ships riding in the main Stream of Navigable Rivers. Thirdly. and fuch as are againft the Crown. and the Intjuifition at Qt*inborou^\. which in refpedt of the reft.//w/^x arijwg withiM the Bodies of Counties^ intending thereby publick ollenccs. might have been tried before the Admiral. Sir Ediv. he renders it only beneath the Points of thejatne Rivers. becaufe the Statute ordaining that fuch things pertiining to the King. The French word Founts^ being eafily turned into Points. within or without the Lands end . Again. Manflaughrer. to exclude the Admiral from all manner of Jurifdi£lion. that the things before mentioned in general. Firft is agreeable to the Preamble. Chap. vi Ciy iirm/cs'. where he writes of the Admiralty. Pleas. Rich. far from any Angular acutenefs . That the end thereof was according to C c the . Ihall betryed. 2. that tlie Statute intending to retrain the Admirals Jurildidion. and condition. feems to intend things. Liberty and Jurididionofthe Cinque Ports. The former reading of the Statute. ^ haut ^0 desgroff'esreviers tantfeculament. contrary to cxprefs meaning of the Preamble of that Statute. in which are thefe words. or vides that neverthelefs of the mon Law. which interpretation. or wider. II they were wont. ordains. within any Water which lyeth within any County of the Realm . notes. fecond Statute that may be applied to this purpofe is that of 5. and C)u^arrcls. which might be tried either way. implies. we underftand by Points of Land. wherein private perfons might have an interell by way of perlonal Adions. which being in the nature of an Exception. his curiofity goes far beyond them. des mejmes les riviers. as Offences of th.I Admiralty of England A(ferted. beneath the Bridges. difculled. Touching this Statute it may be obferved.Elizabeth. matters of the fame nature. ejlarits (y overantes. in the Library of yJ/(rr/o« College in Ox/W. but if we I'peak of the extremites. part of the bodies of any Counties of the Realm. only beneath the Bridges next or nigh the Sea. Murther. how curious the makers of it were. which relating to divers things made offences by that Statute. it may be doubted where that main Stream can be found beneath the points of the River. that it was to be obferved. and hovering in the main ft ream beneath the Bridges next to the Sea. or beneath the Bridge . and the like. amy Ic me meyns de mart de omme. we commonly fay above. being no The 5". and out of any Haven or Pier. (^c. but it his words be confidered. the Admiral Ihall have Conufancc. Mayhemes. Nide tnayhemey engroffes ne}fs. is agreeable to an ancient Edition of the Statutes at large Printed i5'43. (which way the Criticifm looks ^ grow broader. we fay behkher or beyond.\ But it may reafonahly and probably be conceived. that all and every of theJaid offences done on the main Sea. and being done on the Land were to be tried in the Courts of Com. becaufe the refcrvation in the conclufion of the Statute ProDeath of man. according to the Statutes. fome extreme parts or ends. and is fo received by Cr^wT^^owinhis Jurifdidion ofCourts. or Mayheme done in great Ships. are of a more accute figure.fo Rajials Abridgment. viz. Secondly. par-avali des pounts. befides. Robbery. Other thinq^s in general^ fuch things. and PoultoHS Colle6lion of the Statutes. above a hundred years fince. And having before mentioned Contrafts. as Treafon. were to be underftood of Offences. and determined by the Laws of the Land. fhall he determined by the Lord Admiral. It is further confirmed by a Manufcript Copy of the Statutes in French. which mentions encroachments upon the Jurifdiftion. and not before the Admiral . Trefpades. about which Actions and Sutesat the Common Law might arile. if it might be known what were meant by Poitits of Rivers . being. for whereas the words of the Statute Anciently and generally have been received. ^ Dn Admiral conufance. orCoafisofthe Sea. did afterwards add t^/M. but Rivers towards the Sea.ird Coke whtTQ he cites the Statute of 15'.

before the Lord Admiral of words the Admiral.?g///Z. by others.I 12 the Title. and that no Wine.7r^a^f Befides. concerning the Tryal of Piracies. aut altquo portu. or 0have Jurifdiaion. by which Statute. Robberies. it fervation of Spawn and fry of. Shipping. quamfuper littus maris.where the Admiral. fubfequent to long points in queftion. where the Admiral. 15. That allfuch Offences Jhall he £^ty.and places thers appointed by the Kings Commiffion under the Great as ifanyfuch offence had been comthe Commiffwn.that no Wares ihould be carryed Ships. 2. not onely power is given to hear and determine Offences in quccunque infra fiuxum marts ad plenitudtnem.. and othercrimescommittedwithin the Admirals Jurifdiaion. nolhi. how llrongly foever miner. Murthers. than for the Admiral. 1 zr The end of this Statute was. are thus defcribed. which bufineiTes it might be more fit for the OiEcers of Corporate Sea-Towns to enunderftanding. rivo. might v/ithout quire. and proofs by of Twelve men. that he hath no Jurifdiaion in other matters. &c. or his Lieutenant or Deputy or Deputies. although the Mana Law . of Enghjh in but in to Port. or adjudged by the Admiral. tor none Ihall deThat Days. The febond Statute is that of the firft of Elizabeth. wherein it is declared. but it is likewife declared that thofe places do belong to His Maje- Hies Maritime Jurifdiaion. fham which words. and other offences commit- Jury Common were altered. So that it that Comconcerns not the Admiral in his ordinary capacity. by of this And whereas Sir Edw. That the Lord Admiral of the . Chap. and as for a mean to that end. and the remedies thereof. ^. That mand toll of Fifli brought in Subjeds Ships. which the Parliament him touching offences of from except matters prejudice to hisjurifdidion in other that kind. that to the dently urgedVor the liriiitingof the Admirals Jurildidion. Moreover. and Seal.Creek or place. being no parcel of the County. that whereas Piracies. and determined and Offences committed. That no Herring unfalted Ibould be from Port bought out of ftrangers bottoms . 1 7. the enquiry within Havens and Piers. and Coaftsof the Sea. Creca. Felonies. whereas the Judgment of the Parliament in this Statute is fo confiur d. recites the words. Coke from milTion. Chap. Mayor Lord the and of London /or Enghnd. but as he is chief the That Judgment concludes. Aqua dulci^ . of which he is to enquire in an extraordinary way. and other Jufiices of Oyer and Ter28 Hen. accordingto the Statute of the m he conceives under favour it is no good Argument. folr The Jiirifdi^ion of the the maintenance of the Navy. it is that of iJic/. Thefirftis that of z 8 Hen. 2. and of his Admiralty. to inter from thefe new created offences. of which in this Statute there is no mention. tried. Fiih. efpecially for the bringing in of Fifh. whichdidformerly belong unto him. were formerly tryed of the parConfeffion onely by beConvidled could the Civil Law. befides. Creeks and places. of it. made for the prebeing provided. Confederacies Admirals have. is ordained. Admiralitatis limit aut es Maritimam. or Admirals have. the one be taken into Queen Elizabeth. heard. or pretend to have Jurifdiaion. two other Statutes. yet the Limits of the Admirals JurifdiOffences of Tryal the of ner aion are allowed to extend not onely to the 5ea. the places of the CommifTion of Oyer and Terminer grounded before the Admiral. fhall be enquired. Dominiorum noflrorum: Regni. . nor exceptioiv. of the Realm as fhall be limited in mitted upon the Land. and Offenders courfe of the to the fame of the rial the reduce to WitneiTcs. may the other not long preceding that ot the 5. nor Woad ihall be brought . Tarn in autfuper man. confined to wholly is the Admiral the of the whole Parliament. or pretend to cr in Any other Ha'ven. for the which purimploying of £.for Caufes ef Piracy. Fiih held be Ihould Wednefdays pole It provides. try eel before the England. ties. efpecially touching Navigable Rivers. a quibufcunque primis pen- ^ ^ By ihofe places. infuch Shiers . _ . And in on that Statute. < confideration. the Jurifdidlion Sea. . feu loco alibi ubicunque infra jurifdi^ionem nofibus verfiis mare. whereas Sir of the Statute are. to be heard according to ted within the Jurifdiftion of the Admiralty. That committed in or upon the Sea^ allTreafons. but to Havens.

That the Courts of common Law have punifhed fuch as have fued in the Admiralty Court. The Defendant although he pleaded that the thing was done on and frelh. That in the 46 of Edw. it may not be amifs to examine the grounds and weight of the chicfelt of them.cd/". in thofe refpe^s. That where one may fee what is done on one part of the Water. the Lords of Manners adjoyning {fj ^'^'^^^ "' to Navigable Rivers. Robberies and divers other Offences committed in Forrefls. that the Parliament then conceived. are Profecuted before the ordinary Juftices. for taking a Ship in the Haven of the Town. 3. and of this the Country may have knowledge. quam infro Burgunt. That when the taking of a thing is partly on the Sea. Firfl. Tint in the time ot Edw. to 113 have any covfer- and all ayid every other which lawfully have^ or ought vation^ or prej'ervatron of any Rivers^ Streams or Waters^ fhall have power to enquire according to that Jily which plainly fliews. by confequence was within the County. fait pou cr and Jurifdi^Hon othcrwife.Admiralty the t/mc beings of ^ England Afferted. and ifany Impediments be given. r. How far thefe Authorities conduce to the proof of the head propofed. but as to the ground of the head it felf. the firft. The Jurildiftion of the Admiralty as to publick offences and caufes criminal Rich. a Replevin was brought for the taking of a Ship on theCoafls o( Scarborough in the Sea. It was held. Secondly. and on tiie other. for in the fame place feveral Courts to feveral purpofes may have diflindl Jurifdiftions. for things done in Ports and Navigable Rivers. was over-ruled to anfwer. 8. the Common Law (hall have the Jurifdi^ion. an A£Vion of Trefpafs being brought in the Kings Court againft certain Perfons of //«//. yet Sir Edward Coke having unneccflarily colledled many other legal Authorities which may be applied to maintain that by the Common Law the Admirals Jurifdidion did not extend to Ports and Navigable Rivers. it was held no part of the Sea. the Third. Ccke makes a fpecial Obfcrvation. z. which is fo much infilled on. That in the time ot Edw. which was allowed. not 5- . the Kings grant or by Prefcriptiort. and that which concerns the Publique. Fourthly. hath been fo well fettled by the Statute of z8 fincc the Statute of 1 Hen.} 3 of £^/i'. it belongs to their Jurifdidlion and jxDwer to C c x Touching . amongfl thofc who had right of converfation of the fame. which may be reduced to two heads Firfl:. fpecial Jurifdii^ion. Secondly. fuchas (hew that Havens and Navigable Rivers are within the bodies of Counties. Touching thefirll. by which it is granted. he had to fome purpofes in Ri- been named in the fir ft place. and partly on the Land. and that the Coroner Ihall exercife his Office in this cafe. the Mayor and Bailiffs demanded Conufance by Charter of the King. that the Citizens and Burgcfles of //«//. In Erance as Sav. the fpecial Officers called the .Mailers of the Waters. -iu^ifjia of and yet the Juflice in Ejre concerning vert. from whence amongft other things Sir Edw. and by confequence were within the body of the County to the low Water mark. under favour it is fufficient. and the Haven lying within the Burrough. Venifon and other things retains his cmmp' i%-^. That in the. but as touching the free ufe of the Rivers in refpe^l of Navigation. in the Ordinary Courts of Juflice.. that the Admiral of EngLxyJ had vers and Streams.tlion Writes. have feveral Rights of Fifhing. Al/li de traufgrejfionibus infra Burgum. were adjudged parcel of the Mannor of Brancarter^ belonging to the Abbot of Ramfey. Ihould not be impleaded. and other commodities. and carrying her into the County of N. or^nnoyances done reform the fame. Thirdly. by i. fixty Acres of Marfh ground over which the Sea did flow and reflow. may be doubted. thcfe Authorities might be intended. ( whofe Authority in this Kingdom belongs unto the Admiral ) have the charge thereof.• the Sea. That where the Courts of Common Law have Conufance. that there can be little occafion of difference touching thofe matters betwixt the Courts ot the Common Law. the Court of Admiralty can have no Jurifdidion. and the Court of Admiralty . and if they be diflurbed they may have their remedies. and that the (Common Law hath held plea of things done in them.

as well as if the Fad had been committed on the Land . we have a general Power throughout all England. 114 The Jurifdi^ion of the fi/. Touchingthe particulars. concerning a Ship taken in the Sea. Opinion that it did belong to the Admiral of £. it could not be refolved what Sheriff Ihould Summon the Country. viz. before the Statute of the i Hen. and on the other . Cokes Obfervation upon that Cafe. and partly in a River. in the Admiralty Court. neither will we Affign our Power to them without Commandment from the King. as well by Sea. and Hanged. It may . a Prohibition was awarded.. be- caufe the feizure at Sea. . and Vi6lualling her. the Reafon was. and that the Admiral was appointed by the King to hear and Whereunto Berry Chief Juftice of determine Sutes of things done on the Sea. in the precedent Cafe. and brought to the Land. 40 Eliza. joyned in the Furnifhing viz. In ancient times before . out of any County. within the County. i.. can be no prefident for fublequent times. ^^' Selden Writes of the power and Authority of the Sathe culu prifcii ante^uam fummorum Admirallorum author it as. An Inhabitant of Plymouth.e. when the Admiralty Jurifdiftion was better fettled . Mettinggam faid more.. that if a man had killed one there. i. faith Sir Edward Coke.)inan Armof the Sea.z. for the Ships goods. whereupon Stanford concludes that by the Common Law. in which imployment the Captain of the Ship by Piracy took a French-imns Ship Laden with Salt. and brought into a River. ^c.jg/^»^. it hath been refolved otherwife. and denied a Prohibition. but after a long debate. which onely Authority. Touching the Coroners Exercifing his Office ( in the time of Edw. a Confultation was granted. recites the cafe more fully and gives another Reafon. &c. That when the taking of a thing is partly in the Sea. for which he being fued in the but the Judges were of Admiralty Court of England^ moved for a Prohibition . ut res ita tempora rerum Queer ere. and firftof that of the Replevin in the time of Etlw. in his Notes upon /=brff/c«^. ( or rather of 1 5 of Rich. we know nothing. 2. and brought her into Plymouth. the Common Law ihall have the Jurifdiftion. and fent her to Sea. Mr. although afterwards it kept its limits. SeUen 32. on the Sea. which was. and drawing to (hore at Harwich was one continued Aft and therefore the drawing it to (hore at Harwich^ gave no right to the Mayor of Harwich.3i. fufficient to over-rule all Queftions. Judicis officium eft. fometimes applyed by Sir Edward Coke. whereupon the Tt-^w/. where one might fee what was done on one fide. becaufe that in latter times. near Scarhorough^ to which it was pleaded by the Counfel. The place is fo near. the Common Pleas Anfwered. that the Plaintiff did count or declare of a thing taken on the Sea. The Reafon which Mr. ) the Admiral had no Jurifdiftion. wasbecaufein thofe times the Common Law had Conufance of things done on the Britifli Sea within the view of the Land. and upon fuggeftion that part of the wrong was done upon the Land. as Berry the Chief Juftice faid. as by Land. was Lih. 188. touching which you (hew nothing . i. but on the high Sea. where the Mayor then claiming Admiralty Jurifdiftion. Haward faid. fo that if the matter were put in iflue before the County.i4r f. infra corpus comitatus^ Leaving the Sea wholly to the Admiral . Selden gives. as upon the Land. That William Crake de Holtham was Summoned to Anfwer a complaint of /fohertdeBeaufcy for taking away a Ship of the value of 40/. caufed certain Fiiher. he ihould have been taken.. and the Defendants being over-ruled to Anfwcr. and fold his Salt to the Owner . So that according to the Verfe. concerning thofe times and be obferved what was delivered it may be further noted what Sheriffs in thofe times. and fo it falls out with Sir Edw. we tell you that we have power of things done on the Sea. 4. being Owner of a Ship.men to draw it to fhorc at j^^rrivic/' in Suffolk. That the Vice-Admiral of £»g/tf«^ having feized a Maft floating on the Sea.men fued the Plymouth-mzn being Owner. as in the Mayor of Harwich his Cafe. and therefore we order you to anfwer . becaufe the King would have the Peace kept. likcwife feized it. the Cafe adjudged in the time of £</«>. becaufe the firft wrong was done upon the Sea Secondly. viz. but of the Power of the Admirals of which you fpeak. The like may be gathered from a Refolution in communi banco.

as in the open Sea. over which the Sea did flow and reflovv. and convey the of. 1 1 the Authority of the high Admirals of England woj jufficlently Ejlabltjhed by our Kinp^ and jo dijiingulhed^ that the Gcrvernment of the Sea did wholly belong mtito thent^ the Sheriffs had/ome Authority in the Sea adjoyning which they did execute the Kings Vrecepts upon the Sea. and the Admiralty have divifum impertum interchangeably. 6. Coke upon the credit of Dyer : But Sergeant Callis in his Readings cites the Record in this manner. ajuxta Mare. it doth not hinder but that in the fame place if damage be done by one Ship to another. There remain thofe Authorities which fhew that the Courts of Common Law have punilhed. remedy may be given according to the Judgments in the Roll of Oleron. as wafte and floated grounds. the Common Law.and yet it was refolved. was by our Kings referred to the t^ig}^ Admiral. for double damages 1400/. and the Low-water mark. in Sir Henry Conflables Cafe.and the Low-w ater mark. whence it is concluded to be within the County. whereupon he makes an Obfervation. that thofe grounds were claimed by that King. where he fheweth. and reftrained fuch as have fued in the Admiralty for things done in Havens and Navigable Rivers. for that the . of the Haven of Hu// to be within the Burrough. by the ordinary and natural courfe of the Sea. liquando per Fluxum Mardo augetur. which d/d appear in that King's Ships from one 3. his Office. Secondly. Thirdly. by Sir Edw. is taken up by Sir Edw. for the Reafons before fhewed in general. the of ofEdw. and when the Sea doth reflow the Land may appertain to a fubjed. may deferve fome confideration. 3. and no parcel of the Mannor. for although they were fubjeft to flowing and reflowing of the Sea. and fo in refpeft of the place. verfiu di^um Abbot. and admitting that fome thing may be inferred from thence to prove that places where the Sea floweth may be within the bodies of Counties. The allowance of the Commop Law. John Burton in the Common laid Pleas recovered againfl Bartholomew Futt. but no good Argument can be drawn from thofe times to the times following.5 Admiralty of England to the Averted. for it is then parcel of the County . The Authority of the Marlh Grounds. Touching the firfl it is related. in refpeft of an Adion of Trefpafs determinable at the Common Law.betwixt the High-water mark. and betwixt the High. though not of the caufe. for the rcafon aforcfaid. whereat this time he cannot.That when the Sea did fifow ad plenitudinum.the Land may be parcel of a Mannor of a Subje»^. the I. That 6 Hen. nor arriving of Ships . when the Admiralty-Jurifdiftion was better fettled. County. and the Admiralty may have conjun- ^ Hum imperium occafionally. Contra Abbot de Ramjey de quodam proceffu fath. through the Seas.water mark. it was nexer heard Maris cuftodia. the Common Law. Premunires. and poflquam omnimoda Port to another. That beyond the Low-water mark the Admiral always hath JurifdiS-ion. and why the fame Ihould not hold as well in Arms of the Sea. By which it is apparent. Cokes Learning. it may be granted. and howfoever they might be part of the County. which now beIn which times if the Coroner did Excrcife longs unto them by right ufuiuejlionable. that the foyl over which the Sea doth flow and reflow. ike. &c. which the Abbot did juftifie. yet it doth not wholly exclude the Admiral from having Jurifdiftion. as by aftions of double Damages.\it Admiral ihould have Jurifdi£Vion of any thing done upon the Water. inter le High-water wjr^. yet they were not either fit for the Sayling. and the Low-water mark. and to them only and their Deputies. Fourthly. and then any thing done upon the Land fhall be Tryed at the Common Law. yet they could not be places concerning which they might grow any Queftion of Jurifdi6tion. adjudged to be within the Mannor of Brancafler in the time of Edw. but in jubleijuent times. Et Abbas refpondet quod ipfa tenet Manerium de Brancafler quod fcituatum efl quod efl ibidem Marijcus qui aliquando per Fluxum Mam minor at ur. was done about the time ofVicn. and Prohibitions. &c. ad o[fendendum quare jexagmta acra Marijci in mannm Domini Regis non debent feizari. That it hath been refolved by the whole Court. after that all manner guarding the Sea.

it is faid. and Thomas Baunce. and no way depending upon the Crown. and of the profits of his Lands during Life . if they medled with Temporal Caufes belonging to the Kings Courts. at South Lynn^ fuppofing the fame to have been done fuper altum ware. or fome other place. but for the Evidence that by Curia Romana aut alibi. relates onely to that of the 1 3 of Richard the z. who had fued him in the Admiralty Court for entring his Ship in the Haven of Tarmouth. 3. it being not proper to extend a penal Law from one Statute to another . were done within the Body of the County. and the lofs of all his Goods. the Court of Admiralty Ihould be underftood.- j from having intercourfe to the Popes Con fiftory. It may be farther noted as to our purpofe. chap. for that they fued him in the Admirahy Court for taking away certain Jewels j'uper AU turn mare^ whereas he took them apud Stratford-Bow injra corpus Comitatoi DliddU' fesix. Super Altum mare^ whereas the taking thereof was in the Haven of Brtflol^ intra corpus Comitatm. it might be thought neceftary to debar the People of this Kingdom . becaufe the Statute of Henry 4. Sir Edw. chap. Secondly. was held to extend to Bifhops Courts. and Eight Terms (as Sir Edw. for that the penalty intended in that Statute extends to the Imprifonment of the Perfon during pleafure. why that being a leading Cafe. infra Corpus Comitatus Norf. againft Richard Beauchamp. 2. are fo evident. the Reafons of the Refolutions of the Judges are no way publilhed. 6. was brought by Hol^ert Cupper.ii6 faid The Jarifdiclion of the Putt had fued Burton in the Admiralty for entring and taking aw ay three Ships with Merchandizes and Prifoners. That the hke A6f ion i x of Henry 6. it may be confidered. may be better confidered . That they being brought upon the Statute of the 16 of King Rich. That in the 9 of Hen. for fuing in Curia Rowiana aut alibi. and it may be thought upon. it may be conceived that his meaning was that the Admiral. for ought appears to the contrary. might be for matters of Trefpafs. or difparage Judgments . Coke relates ) were fpent in deliberation of the Cafe. and of fo dangerous a confequence. or elfewhere. the word ^//^/. with force of Arms. of which the Admiral claimeth the Conufance in fuch places. but how reafonahle. the point of Iftue was ( as it may be fuppofed ) whether the thing done in the River of Briflol. It cannot be denied but that thefe Authorities efpecially contain forcible Arguments. And for the dangerous confequence it is mofttrue. and the A<f>ion was layed upon that of Touching things done within the Bodies of Counthe 15. can it with any Reafon be maintained . efpecially if they took upon them to reverfe. committed likewifc by Force and Arms. againft John Rejner. under his favour it is not fo clear nor if the Statute be well confidered. and happily the Reafon was. the other Cafes of double Damages. and when the Popes Authority and his Laws were in force in this Kingdom. which argues that the Judges could not eafily agree upon the fame. but was of the condition of thofe matters which belong unto him onely upon the Sea . in the leading Cafe of Burton againft Tut. Again. Qmndam naviculam apud Hortott Key. Coke faith. Touching Premunires brought for fuing in the Admiralty Court. to which the Pope and his Court in thofe times di^ ufually remove and that Statute being intended to exclude the Foreign Authority of the Pope. concerning Premunires . 5. Touching the Adion of double Damages. and having received fo long deliberation.Richard the z. that the taking of Ships in the Har venof Brijlol w2iS done with force of Arms. as no agplication fhail be made thereof. and fit to fright men from fuing in the Admiralty Court. whether at Rome or any where elfe. That 38 of Hen. 7. for double Damages. which made it more than an ordinary bufmefs. a Premunire was brought for a Sute in the Admiralty Court for taking and carrying away. or his Judge might be made liable thereunto . and for the application which he forbears. one was brought by John Cajfy. or elfewhere in that Statute was in truth intended of Avignion in France. Again. ties. and how rightly it was fo adjudged. the word Alibi.

further It may be tion.Admiralty Judt'tnenrs given in of England Common Law . yet ment was given upon any of them. never relating to any FoflioLiId be applyed to the which are allowed by the rciqn Power. that the King and his Council it was likewife agreed unto by all the Judges. all Annoyances and Objlruilions in ffavi77?^^ the Aelmiral may inquire of\ iwd redrefs any Impediment to Navigation and Paf are that Bridges^ qahle Rivers beneath the firfl all Centrals and Injuries done there perfonal aljo try and fage to and from the Sea . it may be added. it doth not appear that any Judgeres were brought upon fuch occafions. upon Navigation which concern Laftly. For confirmation before fuch Cafes. ASSERT . and proceeding onely by thofc Laws beyond any ordinary imaginaMiflery it is a Court. Afferted. but 117 word ^liii the Courts of how the Kings Court of Admiralty. that King to be in force in it be faid that the two Prcmunialthough that Noted. and conclufion of this Point . that no Prohibition u to be granted in and the Sea.

Malirtes relates an inftance of a Merchant-ftranger. and other things done beyond the Sea. and no ways elfetrafts. It is confiderable. and His Lords. That if a man Releafe one of his Debtors.quo Judges may. omnia bona mobilia haredes ohligat man a fe like forms. that received ving ties negleding to pay him their parts he was advifed to Sue them at the Common Law. omijfis juris folennitatibm. which was contrary to the Rule of Equity. Quod in Curia mercatoFortefcue. and therefore. Sealing and Delivering. the To where. p. and recover without. which the Admiralty rum debet judicari ex a. who is bound with others. who having fold Commodities to three feveral Merchants of Z-o»^<7. there are the concerning In ^F!?/?^ Prefidents divi Adriani. Firfl. Letters of Attorney. that ufually Claufes relating to the Civil C. there is a Declaration and Renunciation made of all Priviledges. to make their Bills and Obligations of force. maintain that the Court of Admiralty may hold Plea of Conand other things done beyond the Sea . in refpeft of thofe whiclkwere in better condition. and to the Law of the Sea. it is obferved. but the Courts of Common Law hold they muft do otherwife. and efpecially ordinu excufiones. and afterwards the two him gave a other parfum. That by the Ordinance made by King Edward the FirfV.. and that a favour yeilded to Secondly. at Intereft. 13. but for his own part. which do not admit that a mans aftion Ihould operate beyond his intention. that for the better fecurity. and Seamen. have Law. to the like purpofe. he was contented to Compound with him for the fifth part of his Debt. fhould not extend further to his prejudice. Thirdly. by way of acquittance. as where ^ U & . took one Bond of them all for the payment of 300 /. Execu tores fuos.every man Ihould be bound in [olidim^m the Inftrument of the Contrail:. thofe Solemnities are not required which are neceflary in Deeds at the Common Law. I. Malines ihews. and do Obferve. betwixt fuch Perfons.I 3.e. as of Signing. they are all Releafed and acquitted thereby. I. VM. obferves out of Bar tolas. every where it is intended. at Haftings^ which is extant in the Antient Book of AdmiThat every Conralty. or hetwixt Merchant and Mariner beyond the Sea or within the flocd-mark^ (hall he Tryed before the Admiral. in and halieu of a 100 /. and being Imprifoned. Mr. and one of them breaking. relating to ISIavigation and Trade by Sea. and the bearers of fuch Bills according to the courle of Merchants. Exceptio divifionii. That fuch bufineues amongft are to be determined according to the Civil Law. Selaccording alfo as equity thereof. lliall be admitted to demand. xhat when two or three take up Mony Principals. It may be ^ -. p. or for zo /. and all bind themfelves as cultome of Merchants. generally according to the Civil Law and Perfon is bound. Merchants Affairs. "That Admiral of England' 'may hold Plea of ContraUs. tra^ wade letween Merchant and Merchant. taken into confideration. one in neceffity. conceiving him as a third party to be liable for no more Releafe. upon Notes den in his bono. Inftruments made beyond the Sea. and that fimplicity and juft dealing which is expeded amongft Merchants. and heneficii Epifto^ of thofe which are called. Fourthly. it was Ordained that Charum Contraa^ &c. that in Contrads and Bargains.. where he was given to underftand. It is alledged. Merchants and to the Cuftoms and ufages of the Sea .8 1 1 'The Jurifdi^ion of the ASSERT.

the SubSubjed be fpoilcd of his . or the Goods belonging to him. it may be lefs needful to labour to prove that it doth not hinder him from taking Conufance of Sutes concerning Navigation and Trade. arifing from Contrads made and bufinefles . or matters concerning Navigation. which. That as to this point he intends for Authorities the Statutes of the 1 3th of ^/r/\W the Second. The Statute which allows the Admiral to meddle with things done upon the Sea. and War. by whofe Oaths Juries of Twelve Men may be made as in Contrav^s and other cafes arifing within the Realm. artkulos dundum^ dattjque an I. by Sir Edward Cokes leave. is as far from the purpofe. fo it did intend Caufes of Navigation and Trade arifing either within or beyond the Seas. places from whence they proceed.e . which is out of any County. That concerning the Conftable and Marihal. That as the Parliament allowed to the Conftablc and Marfhal.im ultra quam citra mare^ ubnunin exigent la teC^c. for tlie Jurifdidlion of the Admiral is wholly con/ined to the Sea. aw ot this I. That of the Regifter is. To avoid the Admirals Jurifdiclion in holding Pleas of Contracts. as if There lies a Writ of Withernam at the Common Law. a It ftands with great reafon Goods in another Realm. he fhall have a Writ of the Sheriff to arreft the Bodies offenders. faith he.ites contcjlunaum^ &" de calumnia vitandu juramentum^ in ammjm priejhndum 'all which arcasftrange to the I. did belong to the Conftjble and Mardiail. as tl. that upon the like occafion. which fets forth the Jurifdiclion both of the Conf\ablcs and Marlhals Court. D d jed . and Trade It may be better argued from the Ait. more conducing to the point of Jurifdidion. which proveth.itium is given a^J Libelles. u lierein it i6 (£/ omnibiu^ Jn^giilii exceptiombu^^ power fpccificd that rejportdenduniy conJlitue. that the Admiral may hold plea of Maritime Caufes arifing from Contrads made within the Land. are a Writ in the Regiftcr. the Admiral fliall have no Conufance of Contracts. Sir Edward Coir aflirms. or his Goods be found within the Jurifdidion of the Admiralty. and amongft the reft he declares the of a general Procuration to luc tor Debts in a Foreign Country. and can have no remedy there. for remedy at the Common Law That Argument is as good. and. Letters of Reprifals can be granted in the Admiralty. faith Sir that the party hath he had that if fa id. The Nature and Quality of the bufinefs.- Admiralty of (£) England Averted. If Goods be taken from an EngliOi-man in Spain^ or beyond the Sea. Sind Fitz Herbert^ and a number of Prohibitions. as t'ortejcue aflirms. as alio of the Court of the Admiralty. : done beyond the Sea. That to the Conjlable artd Marjhal it belongs to have Conufance of Contrails^ and Deeds of Arms out of the Realm whence it is inferred. Edward Coke^ that the Admiralty cannot hold Plea thereof. Petitiones^ &c. cometh to pafs. than the Circumftances of the place where it happens. Fifthly. For that. in refped of any place beyond the Sea It is rather pretended to debar him frommedling with things done within the Realm which notwithftinding. The Ad declares. muft be proved (otherways than in tlic ( ourts of Common Law) by WitneHes. to be tryed by the Admiral. Whence it may be gathered. That therefore out of the Realm. Jurifdi^ion in Caufes of Arms. if the party. they fhould be made liable to fatisia:>ion And why fhould it be thought unreafonable. is accuftomed to be done. as it was from Sir Edward Coke's Thought to give any addition of Power to that Court. and the party cannot obtain Juflice there. being found within the Jurifdi'^tion of the Common Law. to prove how the Admiral hath no Jurifdidionof things done beyond the Sea. it being formerly fhewed. that the party. Contra£Vs and Bargains made amongft Grangers in another Rcodm. therefore no . which cannot be determined by Common Law. bccaufc in thofc parts there be no Neighbours. doth not confine his Jurifdidion to the Sea. \ i 9 irnmohiluy ptiejentia nuncians form futuru^ t. That Bargains and Contrads fo made wherein the Courts of Common law cannot adminfter Juflice. arifing both within and without the Realm. and to feize their Goods to the value. or things done beyond the Sea. The other Authorities which may be calleded.

the fame reafon. It it is ground . that for lo much rh' of any Judge hand y the -ed -^'ith ) a Paper nor f ^bfcril it 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as ^igainft the Laws and Statutes Anfwers. and no doubt fo that the TommonLaw. and fx/'^rw /)^r^i^^ in done things for brought in the Admiralty. made beyond the Sea. as for many Ages on a bufinefs. it may be our Tnhunalihm noftri Juris Mumctpah Csr. in Realm. the and that it is moft Law. Selden writes. than within the rejefted. . without CcUegueu That it u agreed upon by the Lord Chief Juflice and his is Otiavo Caroli agreed. out of memory let or prohibition j The Anfwer arifing as well beyond. for 1C75. by which the fame is things were totally done out the Common Law. of which mention is made Objeaion 7.r°ement made in Anno Dom. and his King made by ralty according to fuch ancient Order Admiral for the time Lord the of Patents Council. an was not obferved. Admiralty That if Sutes Ihall be commenced in the Court of is to be Prohibition no Sea. the upon or or other things done beyond the Sea. or occafions thofe Sutes were grounded And to conclude this point as the former. Writ agrees with the Common Law. it may be noprecedent of the Confirmation the for alledged all the Judges certain Anfwers of the Chief ted That touching the former. then Judge of the Admiralty. and Implies. but that he had fome produced fuch an Agreement to the Judges before the King. ever Land this of Kings being. how far this m EM nis^ ' yet the Jurifdidion follows ftandingthe Contraa be the ground and foundation. becaufe theContraft in partibM extern Cs tranjmanof the Debt • But now in cafe a Contrad be made performance is to be made within the Realm. idiilion. hapning elfewhere. between the Judges of the Kings-Bench. .-) Edward the Firlt. notwithBefides. . . where the Contraft is made one where of the Realm. and therefore the Judges ot the Kings-Bench with the Terms of unto. But this Law. and the Performance ought to be the Contraft was made where be muft Conulance prefent purpofe of neceffity. as it is pretended. then (fays he) as to the for another.. Dunn. But upon what Contrafts. as upon the Sea. ( -uiz.idmiralry. in that ac fuch. Firh. rj J confidered. : whereby payment or to which fiore HisMajefty (out of delivered unto them. awarded. it is not IpebufinefTes. becaufe for the pla?e of payment and performance. or Bar. and commenced. Council 'secondly. Laws of .. and allowed of other all Contrails and other things of Cognition have may of Man. the Jurifdidion Aftion could not be brought upcording to the ftria Laws antiently pradis'd. of that Judges other and Juliice io the complaint of the Admiralty in the Year i J75. Admiral-] the more quiet and certain Execution of had not been Agreement fuppo-d that that Sir Edward Coke anfwers. that it is otherwife. but having heard the <pme read anfwer. he allows. be to held ever been hath Courts of Common Law. Mr. That the g. and granted upon 5utes The laft Argument is. All the Judges before the King and his for Contrafts made. the third requeft of tnc cified That the Judge of the AdmiJudge of the Admiralty in the year 15-75. ral e Court of .. the firft is as ancient as the 36th of Henry the Eighth. unlefs the ground ot fmce it hath been held. by them are intended Js of the Judge of the AdmiRequr to the Bench. Refolutions of Concerning the Conceflions of the Judges of the Kings-Bench. an Kingdom. Common the at had noTryal for otherwife there can be is the ground and foundation reafonable that it ihould be fo. preient their from asdif ers thereof never afiented thereof the Realm. wherein it is fet forth. that the Aftion ought to be within the Body of a County: And bit it be arifing for fomething done maintamd as agreeable to the Coke recites divers authorities.. and according to the Letters by Cuftom time and fmce. the at otherwife there could be no pretence for a Tryal Rule.and the Affertions. u would have not probable that Dr. in regard.J20 gains The Jurijdi^ton jeaihould have remedy there? By this of the Authority concerns not Contra^.. neither doth the phrafe thereof agree ^ the the Realm. That divers Prohibitions have been (S" tranfmarmu. the to building the not Rule is framed to the building.

that it may pleafe them to accept of the Return thereof. 8. And it may as well be doubted. with their Anfwers to the fame. and his Council. That the faid Judges may have and enjoy the knowledge of the breach of Char. whether thofe things wherein thofe Anfwers at time did differ from the Refolutions of all the Judges in the 8th of King CharUi^ Were agreeable to the I. as it is confidently aflirm'd. and allowed by other Kings of the Land ever fince. 3^«^# to forbear the granting of any Writ of Prohibition. in reafon he ought to be contented therewith. either upon. IX. and to be performed upon. as how the matters therein contained may conAO. and his Colleagues. ctr/?S/" That after Judgment or Sentence given in the Court of Admiralty. both concerning the Ecclefiaftical Courts. without lot or Prohibition. as hath 3 lifjuift. That Writs of Corpus cum Cauja ^ be not direfted to the faid Judge. made betwixt Matters of Ships and Merchants for Voyages to be made to the parts beyond the vSea. of Henry 8. if there ftiall appear caufe. agreeable to the '^ c*ni and the Courts of Admiralty. the Sea. rifingas well beyond. and beyond the Sea. or beyond Anfmer. Anfwer. been taken by King Edward the Firft. It is agreed by the Lord Chief Juftice and his Colleagues. in Caufes of s K^v^^ithe nature aforefaid. 14. 14. IS7S' jefties Requefts of the Judge of the Admiralty to the Lord Chief Juftice of her Ma. if a Prohibition be not fued for within the next Term following Sentence in the Admiralty-Court. though the fame Charter-parties be made within the Realm. and by Cuftom time out of memory of Man. that after Sentence yit>/»er. and if any happen to be diredled. for things to be performed. and according to the good meaning of the 3 2d. as they arc extant in feveral Manufcripts in which arc colle£Vcd things of thofe times remarkable. or to her Majefties Delegates. in any Caufe DrDiJy*"' or Appeal made from the fame to the high Court of Chancery. no Prohibition (hall be granted. it may as well infer that thofe ConLaws and Statutes of the Realm. and the party defendant Mf^rr. I2i which being fuppofed. This is agreed upon by the faid Lord Chief Juftice. They have agreed that the Judge of the Admiralty. and to plead to ftay. of May. cap. fhall have Counfel in Court. as upon the Sea. no Prohibition The ihall pafs to the Delegates. and the party defendant to have Counfel. as that they did not aflent bccaufe they were not agreeable to the fame . that wherein thofe Conceflions did differ from thofe Anfwers were againfl the fame. both with Law and Equity . at the fute of him by whom fuch Appeal i Hf<juefi. though the Charter-party be made upon the Land. And if there be no Sentence. by the Statute of the 3 id. according as it hath been accuftomed time out of mind. with the Caufe and not the Body. it may pleafe them Lewis. wherein it may be lawful to the Judge of the Admiralty. and to that end it may not be amifs to recite them. of England Averted. and not to be relieved any other way. il there may appear evident caufe. is not fo much conftderable. may have and enjoy cognition of all ContraAs. 2 i^fqtuft.4 Rsq^clitcr-parties. chap. If been accuftomed. This is likewife agreed upon. or within two Terms after at the fartheft. and to plead for the Itay thereof. of Hen. as it hath always D d ?. and his Colleagues. wherein the phrafcof the Requefts and Anfwers is not agreeable to the terms of the Common I aw. without fummary Examination and Proof thereof. given in the Delegates. That the Judge of the Admiralty according to fuch an ancient Order. ihall be made. either to the Judge of the faid fj^''^'^'"'' Court. That Prohibitions hereafter be not granted upon bare Suggeftions or Surmifes. .Admiralty ground for the fame.Sn chnftoBench. and other things. feeing by choice of Remedy in that way.aWs and Statutes of the Realm.and according to the Letters Patents of the Lord Admiral for the time being. as followed. becaufc thole Judges cclfions were did afTcnt unto tliem.

0acob. Fourthly. Mariners wages. have Courts Kings the Bridge. concerning the Anfwcrs and Refolutions of the Judges.. i8. Prohibition manded. it be certiFifthly. or if for the Sute be if But granted to not be is . the within to made be Charter-party happen Penalty. and redrefs all Annoyances and and the Sea. Thirdly. who was one of them. himfelf a name. George Crook. 16 ^%. Thomas Trevor-. the beyond made to be Voyages breach of Charter-parties. of fied . under the title of Refolutions upon Caufes of Admiral. in the 9th of Edward the Second. Robert Heathy Humphrey Dawenport. thereof. ought to be of no lower cfteem. to be is Prohibition no other things perfonally done beyond the Sea. for Admiral Secondly. If any be imprifoned and upon habeas Corpus the party Ihall be Imprifonment his . as foUoweth. ( viz. for building. this is to be tried tiff didreleafe. and others of his Majefties Council. Robert Nicholas. Oliver St.Jurifdi6tion.Caroli. by all the Judges of England. 12:^ Anfwer. Sir Edward Coke. Subfcribed the 4. a queflion be made. orotherwife difchargethe fame within - and not in the Admiralty. Or^/^. Richard the of ^th i the of the Statute that Obftruaions . If Sutc ihoiild be commenced in the Court of Admiralty. alfo and by Second. but fuch as for his intereft makes Realm. though this be done within Bridge. aftd the Barons of the Exchequer. ) Hales. and no Prohibition is to be granted in fuch cafes. faith. from or are or may be any Impediment to Navigation. the rather for that the unanimity of all the Judges to the former. brought. firft the beneath and divers other Rivers mentioned in yet the Admiral alfo hath Jurifdiftion there. for be not dePenalty fo as the Realm. Touching the Refolutions of all the Judges. and IfmamNoy tin Judge Francis Crawly. but as to the latter. favmg. or if it be for contempt or difobedience to the Court in any to be the Caufe If any Writ of fuch Caufc. 8.John. Feb. ) Thomas Rkhardfon. Feb. approved Crooks Reports being publiihed by Sir HarbotleGrimfton. by Hugh . they are for matters of Law. or whether the Plainthe Realm. And it may be thought that thefe refolutions of all the Judges touching the Jurifdidion of the Admiralty. If Sute be before the though the Seas. Edward Atkins. Robert Bark/ey ton^ miliam Jones. the granted. and the -r •: ' - •' Regifterof the Council Caufes . or neany party by ceflary Vidualling of a Ship. it may be confidcred. • Tk Jurifdt^ion of the : this nature be direfted in the Caufes before fpecified. JohnGlynn. and alfo by Henry Alar ordered to be Entred m the was thereof Tranfcript the Attorney General. John Denham^ Richard HutJames Wefton. i6}z. next unto the Court of Parliament . in the point efpecially and Equity Expofition. or for or Freight. although of fome Caufcs arifing upon the Thames hGtiesith the Conufance. againft the Ship it felf. That in the prefente of the King s Majefty. muft be taken upon the credit alone of Six Edward Coke. amending. whether the Charter-party be made or no. awarded. alfo to try perfonal on the Sea. for Contrails or Firfl. to thofe things which he calls Artkuli Cleri. Matthew Windham^ Peter Warburton^ and John Parker. he may enquire of. and Injuries done there in the Kings Courts. If Sute be in the Admiralty. of the Admiralty. yet being refolved unanimoufly. they were fubfcribed unto by all the Judges. ( viz. writes that it was agreed. by the Judges then being. and Twenty three Lords. was. who in his Reports of Hillary Term %. the Evidence thereof doth appear by the joynt fubfcriptions of all before named. which is likewife attefted by Sit George Crook. they are return the Bodies again to the Lord Admiral's Goal upon certificate of content to fuch. are Sir George and allowed as for the common benefit. That although they were not enafled by the authority of Parliament. that any of thefe be the caufe remaunded. of highcft authority. and not againft is to be Prohibition no party. and pafTage to Navigation concern which Contrafts. and the Original to remain in the Council Cheft. as the Statute of Artkuli Cleri. by all the Judges of both Bencnes.

be prefumed. Richard \it alone are enabled to decide. and others of like may berately Authorities. what the Admirals Jurifdi^ion ) the King's Council the King himfelf with his Jurifdiftion.^. or fingular Ihould thereunto. ons of any others. of his Reign did conlult and aavife with his of the 1 3th of Statute the by whereas that And it may fccm ftrange. i^ Eminent both for their Place. Prince. with their ther for that antiently (as before concerning the Admiralty. be added beuig approbation the King's Majefty and his C ouncils the fame. Marfhals and Conflables belongs to the to deiernune what belongs power much as not have (hould Council and Judges. the by apparent is it and of Jurifdiaion. as to ihofc points oueht to be received and rcfpefted as fufficient the confident Opininotwithftanding whereof they did declare their Rcfolutions. have ancient Record. cited hoxhhyUx. King Edward the Third (in and Sir Fdxvard Coke.Sdden.x. rathe concerning differences and doubts of force enough to (ettle all is fhewed ) the Kings of England. . the fame obftruaions to greateft the as upon infifted arc whofe Afts Second. and that m point Con(\itutions made Council only. Admiral. and cautioufly refolve upon. And that contrary the to perfons. cither private. his of Jurifdidion to the ( stat. That the moft famous in the Twelfth Yekr whofe time the Admiralty received its chief eftablifliment ) his Judges concerning and Council. that what fo many perfons.Admiralty of It England Averted.- . did fo deliand Laws the of knowledge and alfo tor their quality have countenanced.i ASSERT . Statutes of the Realm.

By the former. VI 1 1. Plea. and fo earneftly in general enveigh againft the encroaching of the Court of Admiralty upon the bufmefles belonging to the Courts of Common Law. to their Conufance. That the Admiral hath no Conufance of any thing done within That it is not material whether the place be upon the Water. the Admiral ought to have Jurifdiftion. and another fuggeftcd in the room thereof. may be juflified . and have nothing to do .1 24. For the ground of that : anfwer being any County. in refpeft that it is fuppofed that all things done it the County belongs to the Conufance of the Common Law . do inter-meddle. and interrupt the Courts of Admiralty inCaufes hath been Endeavoured to be made appear. That of things done upon the Sea. It may now be taken into Confideration. properly belonging to the fame. and Judges of the Common Law. ceedings it in in in differ- ence with the Courts of Common Law. the anfwer thereunto is neither clear. and prefcribing the forms of Libels in fuch Caufes. belonging to the Admiral's Jurifdi£Vion. left they Ihould fit idle. and in obftrufting the Proceedings of that Court. in regard Sir Edward Coke doth fo often. out of any County. the fame are made tryable at the Common Law. by fuppofing the fame to have been done in Cheapfide. Admiral ought to have JurifdiAion of things done on the Sea. Concerning the Aftions of Trover. and other things done on the Sea. 'The Jurifdi^tion of the ASSERT. thofe who belong to that Court. nor direft. and that no Prohibitions have been granted for any fuch caufes j but whether by the fuppofal or fi£tion of a Ships arriving in Cheap-fide. Amongft the grievances complained of by the Admiral. the Courts of Common Law do hold Plea of things done on the Sea. it is faid. nor to the purpofe. the like praftice of encroaching being far more unexcufable in thofe. who belong to the King's Courts. a more potent may loon . how far the Proceedings of the Courts and Judges of the Common Law. which do always abound with bufmefles fuflicient for the fame. That the for any Maritine caufe done upon the Sea. is intended their drawing of fuch Caufes by adions of Trover. by the latter their difparaging of Stipulations. refiuxum Aquas. That the Courts. in intermedling with Caufes properly belonging to the Admiralty. ® tends as well to the right of the place. 8. In this anfwer it is confeft. it is neither confeflcd nor denied. It is not material whether the place be fon given for the fame. It is prefented in the firft place. may confift with the Laws and Statutes of the Realm . but when the place where a thing is done belongs apparently to another Jurifdidion which prelaid. or Quarrel. Infra fiuxurrt Aqua. the place of the adion can no ways be fupprefled. but whether it be upon any Water upon the Water. Jacob. That may be true. and in particular where he chargeth. as to the right of the caufe. That the ProHitherto the chief points the Courts of Admiralty. and that no Prefidents can be Ihewed that any Prohibition hath been granted for any Contrad. infra fiaxum within the County. That whereas the Conufance of all Contrafts. for * if that be permitted. wanting bufmefles proper to that Jurifdiftion. Wherefore it is acknowledged. The former may the rather be infilled upon. That in the blefled time of Peace. much lefs is there any reaWhere it is faid. and of Trefpafs. the one Jurifdidion being the greater. but whether it be upon any Water within the County. do encroach upon matters belonging to the King s Courts. or fuch places And under favour.

and for taking of Recognizances againft the Law of the Realm.p.Bench (as of cutting of a Turfe ) although in truth there were no fear. . which is a more competent and proper Court. the Admiral in his ordinary capacity claiming no Jurifdicrionof offences againft the Crown. may be feigned to be alive. It is now in Yet in affirmed by the Judges of the Common Law. at Grimsby. Concerning ^ mitting the fame. unic and therefore cannot take any fuch Recognizances as a Court of Record may do. is of a thing utterly impofiible . a Ship to arrive in ivurdo de cheapo where there is no Water to bear or carry. viz. forafmuch as the Admiral and : : ' . becaufe Cuilibet in fua arte merito credendum^ that the fame ihould be allowed the Admiral Court. becaufe otherwife it were to admit that by way of which Nature will not allow and therefore although one thatisdcad.]). Whereunto it may be replied That feme things done by. 8. That whereas time out of mind the Admiral-Court hath ufed to take Stipulations for appearance and performance of the A£Vs and Judgments of the fame Court .Eliz. and therefore not able to take fuch Stipulations. are matters of Record. and it is wholly void of equity. 125 foon fwallow up the other. or before the Admiral. The Fiction ought to be Equitable. that the Admiralty-Court is no Court of Record. for the tryal of fuch things. with advice of P. orfome other right inequity belonging to it. Sir Jhomas Hydlye in his view of the Civil Laws. the third Objedion of the Complaint. that a Child in the Mothers Womb. but only on the Sea. the Admiralty proceeding the That by is. as it is apparent by the Statute of the %. yet one who dyed two hundred years fmce. in regard that in Law no Fiction ought to be admitted. the Common Law. if at that time any of his equals in age be lUll living. . that they were done vi mv^ which is the ufual form of Indiftments ot Trefpafles in the King's. is Civil Law. to Ibme conftruilions of Law. equity. becaufe if there be no rcafon for it. concerning Stipulations and Libels. as by the Law they ought tence be given in that Court. and therefore although the Law may adit is altogether unnecelTary and ufclefs mit a Fiition and fuppofition.^. is already born. u'hich might not have been had in the Court of Admiralty. but an appeal to certain Delegates doth lie. Admirnlt)' of Fn^rland Afferted. That when the King ivrites by his Letters Patents to the Admiral to arreji Ships mors or lefs for his fervice. no Writ of Errour. although it may be prefumed. That to be Pollible.z^cs be maintained from an ancient Ordinance of King Richard the Firft. A(£l:ions of Trefpafs. further (hews how injurious to the Admiralty. becaufe a Tryal of any bufinels thereupon cannot obtain any juft and fair remedy thereby at the Common I aw. no Court of Record. and of wrongs and injuries done in other places without force or violence.b. to make fuch arCaules tryable in the King s Courts. as vain and ridiculous. t - . Firft. Thativhere Cokfi^Reihe principal matter is acknowledged to beef Ecclefiaftkal Cogniface^the Temporal Judges ^'TrV^V owrht not to call hi quefiion the form of Proceedings ^ though they he againfl the reafon of u^-j. for its benefit. which provcth that it is no Court of Record.— ' ~'~ — " ™ ' — — —— - - — . in regard that otherwife it might be deprived of its Filial portion. and unrcafonable this pradice is. that vj\3XS\t Edward Coke affirms. all of the fame age being long before dead. may B. but alfo the wrong of the Prince from whomtholc Jurifdi'lions are derived. it is ihewed. not only to the prejudice of the Subjects for whofc good the diverllty of Courts were erefted. isecondly. . but fuch as is both poflible and equitable . cannot to any purpolc be fuppofed to be living. ayid that the Admiral Jhould ivrite to his Lieutenant to fee things put in execution accordingly. we find that ProAnd if an erronious Senhibitions have been granted. But for the fidlion of it ought not to be admitted. Jacob. than any Court of the • Common Law. and hereupon The anfwcr whercProhibitions are granted to the utter overthrow of that Court. it is fuggefted. nor violence ufed in con> Secondly. yet where there is no luch reafon or it ought fuppofition. Touching the interrupting and obftru£ling the Proceedings in the Court of Admiralty in Caufes properly belonging to the lame.5the Lords. Regime^ Cap.

and in the Courts of the Univerfities proceeding by the Civil Law. or Book. concerning Libels in the Court of Admiralty. the names of the Ships arrejied. Exhibiting Procurations from them to that purpofe. the Admiralty Jurifdi£i-ion being more diflind from the Common Law. which is other wife in Recognizances taken in Courts of Records by the Common Law j it may feem ftrange that Sir Edward Coke acknowledging and allowing the proceedings of that Court to be according to the Civil Laws. that if a Contract in truth were made at Sea. but in the latei* cafe. that any of the Parties be of the Houfhold. or Fadlors.I 2o and hu Lieutenants or to The Jurifdi^ion of the are of Record^ After the Admiral fhall Lne written to the King^ the ChanceHour nj England. and the performances of Decrees and Sentences in that Court. and a particular Jurifdiftion over things that never did belong to the Courts of Common Law. no more are the Stipulations taken there. Secondly. and univerfally pra£Vifed. That the Declaration is good. the fame things are done in their names by their Servants. the fame fliould not be allowed in the Admi- And ralty-Court. and therefore a Fortiori it is not neceflary in the Admiralty to fpecifie in the Libel the thing to have been done. the Courts of Common Law have general Jurifdidlion of thofe things. Se (^ Executores. than that of the Court of to the Publique Notaries about the ^ -. And it may be noted. nay de Jure. bona tarn immobilia quam molilia prefentia in futura. if the caufe be Maritime. as any words of the Statutes touching the Admiralty. together with the names of the Owners and Majiers of them. that amongft Sir Edward Coke's Authories there cannot be defcerncd any Statute. Ne judicia fint eluforia. And fometimes themfel ves being abfent. and bind. in regard that. to make good the Anfwer to that Objeftion. becaufe prima facie. - • Exchange.] udgment. but which is wholly diftindt from the hmo. Caroli^ differs from him in opinion. taking of Stipulations or Bails for the Parties appearance. created in diminution of the general Courts of Common Law. without Exception or Control! it hath been allowed. . as likewife in this Kingdom in the Conftable and Marfhal's Court. and diftinguiihes betwixt a particular Jurifdidion. The Lord Hobard in Audly and Jennings cafe affirms. in the Complaint. out of any refpetS: to the Courts of Common Law. but admitting that the Court of Admiralty is not a Court of Record in ordinary matters. ( in a manner nearer to the Recognizances of the Common Law) do acknowledge bonds. ASSERT. and in the Admirals Court it be laid generally. fuch Recognizances as are required to be taken in Courts of Record by the Common Law. nor extending to any part of mens Lands. and by the Books of the Common Laws. and for Confirmation thereof he affirms. for the Libel muft warrant the Sutc in it felf .cafe. for that it doth not tend to the diminution of any of thofe Courts. And the complaint in this point may feem the more confiderable. a Prohibition might lye. (lands partly upon the Statute Art-iculi fuper chart as. Marfhalfcy. Pafchce xz. the Marfhall cannot hold Plea in fome cafes unlefs both parties be of the King s Houfhold. But Juftice Reeves in his Argument. although it be not averred therein. thofe Stipulations caufing no privileged obligations before other bonds. there is no need to averr it to have been done upon the Sea. and the words of that Statute are as reftridivc. where judicial proceedings are according to that Law. That Merchants appearing before them. That the Jurifdidion of the Marlhalfey. fhall he admitted to fay that the Ship u not arrejled. nor in any cafe unlefs one of the Parties be fo yet it is refolved. as of the Admiralty. prefcribed by the Civil Law. . fuper alto mart. In the firfl cafe he confefleth that it is neceflary to allege the caufeof Adion to arife within the new created Jurifdiftion. without faying fuper alto mari. in that cafe neither the Owner of the Ship^ nor the Mafier.

and de piano. hath been formerly obfervcd. the Kings Cujloms and Strength of Shipping. the Judges proceed in Caufes concerning the Sea. as might befl confilt. hath fcemcd to the wifdom of this Kingdom. and advancement of Navigation. or in thofe Months when Navigation was is confirmed by Salmatius. and Commodities hut only by Ships. and Caufes France. and c'//. . is Navigation and Trade more commodious for the the Courts Subjects. concerns the nWa^er delivers. as ivell for the intercourfe and concourfe of Merchants conveying and tranfport ing their Wares and Merchandizes. and Subjects thereof.. ac vela dabunt. Havens. and Summarily and in a more . were ordered to proceed. j. That it is notonou/ly known that the Realm of England. as alfo for the maintenance of r/iany Mafters. by a/J good means to comfort and encourage the Merchant. with the opportunities of Trade. tfavigationes fua( ut plurimum defnebant mercatores. and tranfport their Wares. E C for . and every SuhjeCl hath intere^ j For the Merchant u the good ^ji. thereby to advance the general wealth of this Realm. as at Athens. ideo ah eo menfe Munichionem ufque wuo menfe iterum fe mari commit tebant. That the trial of Caiifes concerning^ IX. Mercatores Athenienjes in urbe defidehant.m 37:^' to hear and determine caufes concerning 1 rade and affairs of the Sea. fram'd by common confent of tlic KingThe Statute of the 31.^^"^^'°^^^' /if of the Realm. in all Nations and States there have been fpecial Judges appointed 47. fets forth. and alfo hath been the chief maintenance and fuppertathe Suhjetls cannot convey. 1 hat Trade and tr^nnic n the. and Kingdom. as Sir ^ohn Davies relates. and' leall hinder or detain Men trom their Imployments. 1 27 ASSERT. That it hath always been the Policy of this Realm. and that the Navy. much tbe maintenance HOw is Trade by Sea. Levato velo. and multitude of Ships of the Realm is very commodious and neceffary. Formality which was ufed in ordinary Courts.^ j mans\kc\'\{t.aott<. <^c.. Sir £^who faith. Amonfl x\QGraciavs. Boedrowion in thofe vacations ' ^ "*' ^ refrained So much quippe men/is qui Septembri refpondent. and Vent the Native Commodities."" Magna dm. as well to offend and defend. chap.ol Elizabeth. chap. in the Court of Admiralty. for a more jpeedy recovery of debts due unto Merchants. Amongft the Ro. for the better difpatch of Caufes concerning Sea-bufinelTes. z^. of Henry 8. That for the encouragement of thofe who mainshoUsCma Trade by Sea. for the defence and bene ft of the Realm. hood of a Merchant^ and the life oj tUConmon-wcalth^ wherein the King. have ml only made extraordinary proviftons. thejujges '^^'^li. terminus erat nav/gationum Atticarum. and to Jmmt and Bring in the vecejfary Commodities. So much confirmed by feveral A^s of Parliament. hy LandJ Towns.Adjniralty of England Ajfnted. domumque redibant . iz. lively- Comment up. to Expert. without that Solemnity. Mariners and Seamen. declares. ut videre ejl apud Demofihenem adverfus Apaturium. lites fuas difceptabant. Spam. PmtmdeLeit was provided. That all Sutes betwixt Seamen and Merchants Jhould be determined ^'^«-' ''«'«/" It tain when the Seas were barred. and in fuch manner. and a great defence and fee urity to this Realm. tion of Cities. fo that dom. Merchandizes. and it may be further noted. and Creeks near adjoyning unto the Sea-coafls : Likewife that of the ^-i^. So in Italy. Eo tempore quo oritur Artluriu . than in Common Law. that fuch Judges have been directed to proceed atfuch times. Our Farljament. ^ /. quo tempore fere Ariluriis oritur. compendious way than other Judges ufe And the like. faith he. of and Kingdom of England. for the mofl part^ u invironed with the Seas.

and in all Caufes of Common Law. by the courfe amongft not which is adAttorney. whereas hy the Rule of all. it might be thought reafonable refpeded. according to the Caufes of Merchants fhallhe from De Mercato- and by another and not according to the courfe of the Common Law . ordinary in an proceed only in Term'times. all which are of no force at the Common Law. Bills Merchants. unlefs and A^. and the Defendant given for the was Judgment the and to do. and from hour to hour. Policies of affurance in. more is Law to confine them to other Courts. Jf two Merchants. and recover the Contrads. x. but that other things not take notice of the Law-Merchant. 7 hat neither of the which may To in thofe Cafes. and oF the 43. ufe who thofe of advantage Benches. and as difcretion which m many Admiralty. account to other for the call Goods the one fhall not fhall not have all. r^a. and without delay. To which may be added. it is declared.vfr relating feveral Tnftances to that purpofe. and according to Equity. hut hy the Rule of Second. be added the Statute of the 3x. predominant. /hall hy the Common L^w. or PartKcrs cf Merchandizes. hrought an azainji another nants of other Goods. one Merchandizes. moreover mittcd in the Common Law. without Seals. heand Lading. further Davies the Merchants: for as Sirjf. cap.and Deed. Staple.^x'e which is without a Deed in Writing ) the De. he may barr the Plaintiff from fendmthy the Common Law may wage his Law. the Debt. Common the if Mercatoriam. touchingall things coming to the Law of the Staple. in if Interejl chant] have a joynt the Law-merchant call the Jurviver to an hut the Executor of the party deceafed. !{ two Merthe fame. made Statute the nth of Edward the Firfi. if there he two joy nt Teaccount for the Moity. what Malines admitted to debe {hall Merchants. of Henry 8. Caufes proceed at any time. without Deed. where the Befides. without the of Sea Law the That confiderable. are of good credit and Debts. hut Tickets. not agreeable to the Firft. of the as appears hy^the thm is provided iy our Common Law. where another thofe things are not approved for there may be danger of doubt thereof. than more is Law-Merchant them the choice of that Court. Third. in Merchants to allow if they fo defire hkcwife confidered. his as him. Cafes. That is. betwixt Seamen and Merchants fhallhe orchap. As by Charterfor a Voyage to the Indies. he was the Courts of Common Law cannot or do It is not hereby intended that Plaintiff. the other. Afiionof Deht upon a fimple Contra^. Jurifdifiion any have jhali Law Jud<res of the Common chap. Staple fhall be ruled the to coming Merchants all That Article in the fame Parliament. That the proceedings in tute of the zith . That fuch Caufes All fhall feem moft convenient.. the bearer of fuch Bills. and ^ Navigation. Statute VAaonBurnel. the Common Laxv no mans At obferves. which may be better infifted on in the Court Sir declared by John is So much miralty than in the Courts of the Common Law. Letters of advice. of Suteshetween delivered: But in and Credence. Edward ^th of ribus made the i the courfe of our Common Law . of Letters mand. which direft. A Ship is looks one way. the furviver dye. dered fummarily. hy of the land'. For by the Stain Cafes of Merchants. permitted not fo wazed his Law. faith they have acq^uired hy a joynt which he he )oynt Owners. per month Afliznations of Freiahted or hired . at 20 1. force hy the obferves That Law-Merchant. and not by the Common Law Law^merchant. In an the furviver Per jus accrefcendi #^// /./^« the famehefealed. of ^^^fa^eth. Secundum Legem againfi Account Conirad the ote jhall have an AtVion of men he joyntly feized of other two Law. becaufe in the Admiralty amongft fufficient held are which proofs at the Common Law. nor any the Secondly For the The Law-merchant and Laws of the Sea admit of divers things of AdCommon Law of the Realm. 1 5. and Trade by Sea. nor can be obferved and ftria way. IX. when the Common Law looks another . hut when one John owe not doth he his Aaion by taking an Oath that Legem Mercatoriam Secundum Deht Aflion of CMmvtoT^l Merchant. of and by another Article. and the hath allowed a Court of Proceedings hutalfo the Firft./Edward the day to day. It is for inftance. Writin.T^i" for their T^he Jurifdiclion Merchandizes. the of which was and may be obferved in the Court fummarily. which are open Courts in but neither is. different from Third. can he pleaded againfi Bills of Exchange. would have Merchant upon a Contra^.

and Covenants of tlungsto be performed for wliicluhe tC X Owners . notice) That if Mariners.inin„ f '|"'". it England any Aferted.W.nd hZ. 7 "". one and he fame Aftion maybe brought agunft divcrfe and feveral perfons..n allowed. every man mutt be fued feverally which the Parliament in the Act concerning alFurances..gh:ed her. to the great charge of every particular and to the excertlve damage ot the Matters.>ea. that is concerning Charter-parties ^' and Frlh/7 Freight due for imployment ot Shipping. Again.^^v h relieved by the Defendants anfwer upon o'ath.//. without long t P"'"'*'"^ of time. The Merchant lofing liis Goods the eth his Freight. held inconvenient.%sithatl. be enforced to attend the ordinary terms of the Common Law Fourthly The Court of Admiralty for the conveniency and difpatch of Merchants. . for in that Court according to the CivH Law the Pkinrir. Bcndesthe inconvenience.UN "''"'" orOwneTXh " °' ?'^" tarryinSSingof m^ CommonUw ^^^stnTtte^^^^^^ raon occafions.. if the Owner OwierX' noT'bS fame '.^. tbr not (hvin » Port of difcharge fo many days as were agreed upon for which tie oJn^r K "k jy.. with little prejudice to the Mafters filed at ilie hccfcape lofeth thought fo if he lofcth his Frcieht for tlic his Wages for the time he ferved QmU-Hall Manner oT? Xh hapSy waaM the W 1 ^''°S«''"' ^'>^^«»^ w en they fueTt he // every man ^c""? C«. as Mar i^r fo Wats at J fma charge to themlelves."'' "'^^'•"Wg'. bctoreihe makes :i the th"/sh'"' of . as when many joyn in fubfcription to a Policy of alTurance.ght tor eight A^ta7oyment of Port. which in thl^rLrvCou^t^f^S: Common Law IS not afforded.Ship oaglit to liavc tre.^ ^^Jl Chartcr-parues. or Owners.//. by which '"fT IS<Sl^:^t:Z^^'-'''^ What inconvenience ^^'"*^°- ™y bebeS^mfiedifXed- may follow both '"'' t^hhonX°^^™™°"^"*' ""y'fP^' '"?"<= to the Private and Publick bv the intemo.r veMeXn^^ th< M. of thofe who ufe Navigation and TrL'fil^/'"'Tl"' Trade by Sea . te brought at the Common Law upon a Charter-party. and Seamens Caufes. Moreover. whereas in thofe Courts the Fv°dence muft C. many times in caufes concerning Navigat on and Trade i"de no proof can be made but bv Witncfe rpm. but . u-ho Frc. undertakme . .^ '^C°-'"-Law. with her lad Months: But by the Law o which l»th always be. fues feverally. admits of Proofs. a-d thofe who upport Naiat^^and Divers other Inftancesniight be given.iS. much It concerns the good of the Kingdom. by obftruftions made unto the^dmi particular. and in 'the ke man ner divers and fevera Perfons may joyn in the fame Sute. by. g^Jt&'^rP--"'^--^-^ dXr thofe places. There is but one Tnftance J^ven of a S. which by reafon of the^oF ten Voyages and Paffiges mud depart.t ':"=°"'?f is confiderable tlut in the Court of Admiralty. whidi the Courts of do not allow. the (1^1 129 np appcareih that having been eight Months in chant. „r v7 u' Agam. (of which thc^Statute^f the x8^ of /j£v takes y. if Judgments be siTenaiainft them."'"^'. the ^8 of which was on the Merchants part for breach of Covenant..8 Admtraltf of party.f a be brought at the Common Law.t fame oufinefs.lLc."'^™ which the Writsof the Common Law Irexfrnd" " m bu W^t'eT b'^ Com "'"^"y f*or'n and ex mh^ d by Ma^^aS. or Shippers.. '^H'^h'''"^-^"'^"' and their examinations fo taken are allowed for fufficient proof I "' S u^on it would appear that the Court "'' '""'''"'"^ Navigation aTd Trade" ih mo conven™nc7 than conveniency thaThVc the Courts of Common Law But thefe confidereH -.

it being mod probable by what hath been obferved. that thereby was occafioned infinite lofs to the Owners of the Shipping. . if upon every breach advantage lliould be tanken no man would have great comfort in hiring out Ships to Sea And it may be obferved. when Prohibitions are tranfmarinisy The Mergranted for Contrafts. That that Merchant which declines that Court knows he is in no danger clfewhere . thefe things conduce to the impoveriftiing of Mariners who are the life of Shipping. it muft follow. : bound under a general penalty. to which Sir Edward Coke feems to be no great fi-iend. and it falls out many times. and Merchants not always having good fuccefs. the Mariner cannot fo well obtain his Wages. yet howfoever it is poffible it is not ufual for that Court to fend Commiffions into Foreign parts. without refpect to the Chancery.I30 are . and the pretence is for the right of Jurifdiibion in the King's Courts of the Common Law. or in truth afford proteftiontofuch them to confider. That infinite Prohibitions have been granted in Caufes commenced in the Admiralty upon Charter-parties. and in confequence muft betake himfelf to fome other courfe of life. that there is no Prefident that ever any man fued for Freight at the Common Law. ^ FINIS. That the caufe lor Freight being flopped in the Admiralty. than divers Ordinances and Conftitutions intended for the maintenance thereof can poffibly advance the fame. there was no means to recover the fame in the Courts of the Common Law. we leave thofe courfes High Courts to countenance. and the Owner lofing his Freight. The JunfdiMion of they &c. thinks himfelf fecure from any danger at the Common Law. For that is a certain Rule. which argues much difficulty in that way. but how far it Hands with in extremity. the digrtity of the fhifts. as probably the performance of the Voyage being to be maintained by fuch proofs as cannot be produced in thofe Courts. Befides the decay of Shipping. but no man can conceive otherwife. The like inconvenience falls out in Trade and Commerce. for Freight is faid to be the mother of Wages. and proof may be made by Commiflion. That for long Voyages great fums are due for Freight. than that muft needs more weaken the Shipping of the Kingdom. And although it may be fuppofed that remedy may be given in the Chancery. are fometimes put to their Ihifts. or things done in partiius exteris chant if he can avoid the Admiralty where he muft anfwer upon Oath. And whereas it is affirmed.

Gent. Intitled. By Gl/r MIEGE.WISBY. AND THE HANSE-TOWNS. LONDON. Taken out of a French Book. Printed by J. . Redmayne^ for T. Baffet at the fign of the George near St.I ANCIENT SEA-LAWS O F THE OLERON. Lcs Us 6c Coutumes de la Men AND Rendred into Engli/b. DnnJlanS Church in Fleet-fir eet^ and ElU. for the Ufe of NAVIGATION. Still in Force. Smith under the Fia^a of the Royal-EschangCy MCDLXXXVI.

£131^'' .

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