in deciding all Maritime Controversies Insomuch that the Emperour Antoninus who though Imperious enough in styling himself Totius mundi Dominus yet in all Nautical Controversies subscribed to the Rhodian Law acknowledging that though himself was Lord of the world yet the other was of the Sea There were also very Ancient Laws made and published by those of Rhodes who were most expâ—rt at Sea as well touching Navigation as Merchant-affairs where the use thereof was of no less Consequence unto then of Antiquity in that Mediterranean Isle The Assertions upon Historical Record touching the Excellency of their Sea-Laws their incomparable skill in Navigation and the Trophies of their Naval Victories are almost incredible But this so famous Isle being at length reduced from the glory of a Splendid to the Eclipse of a Decaied Merchant by reason of the many irruptions and incursions made thereon by several Nations specially by the Turks a little before the Reign of Charles the Great when about the same time the Turks also possessed themselves of several other Isles in the Mediterranean the Gallantry of the Rhodian Navies soon after vanished which at length as some German Authours would have it was thence translated to the Oriental Ocean or Baltick Sea For that Wisby in Gotland anciently prescribed the Sea-Laws to Merchants and Mariners whereunto as afterwards to Lubeck the Neighbouring Cities did usually appeal in all affairs of Maritime Cognizance The word Admiralius from the Eastern Empire was first transported into Italy and Sicilia thence into France and from thence into England The first high Admiral in France as supposed was one Rutlandus so called by Aeginardus in the Life of Charles the Great others called him Rolandus he was Constituted high Admiral of France about the time of King Pipin or Charles Martel Yet others are of opinion that the office of Ameral that is Admiral was known to the French first in the daies of Lewis the seventh from whose time till Philip the fourth there was only one Admiral After that there were two Admirals in France at the same time And afterwards more then two at one and the same time each dividing his Jurisdiction according to the Coasts of their several Provinces respectively This high Officer L' Ameral in point of dignity is next to the High Constable of France Anciently there were three Admirals in France one in Aquitane another in Brittany and the other was Generalis in Francia which three are now reduced to one who doth exercise his Jurisdiction at the Marble Table in Palatio Parisiensi And whereas it is by some supposed that Rutlandus alias Rolandus as aforesaid in King Pipins daies was the first Admiral of France yet the more probable opinion is that either Enguarrantus Dom. de Causy in King Philip the third's time Or Americus Vicount of Narbone in King Johns time was the first that ever had the honour of that high Office in the Kingdome of France CHAP. III. The Antiquity of the Maritime Authority together with the Office and Jurisdiction of the Admiralty within this Kingdome of Great Brittain IN the precedent Chapter it is said that the name of Admirallius first came out of the Eastern Empire into Italy and Sicily thence into France and thence into England And this as the Learned Sir Hen Spelman doth suppose after the time of the Holy Warre For that as he observes out of Hovenden when King Rich. the first prepared his Navy for that design he appointed no single person to the Command in chief of that Navy by the name or style of Admiral but deputed five several persons to that Command by the name or style of Ductores Justiciarii Constabularii totius Navigii The said Learned Authour comes something nigher to our times and says that this Appellation or style of Admiral seems not to be received with us in An. 8 H. 3. for that the King in his Grant at that time to William de Lucy expresses himself only by the words of Concessit Maritimam Angliae without any mentioning of the word Admiral in that Patent Nor yet in the forty eighth year of his Reign for that he then Constituted Tho de Moleton Capitaneum Custodem Maris non Admirallium So that he is of opinion that this high Officer was not known to us here in England by the name or style of Admirallius till the beginning of Ed. the first 's Reign And that William de Leiburn was the first with us that had the dignity of that Office by the style of Admiral who at the Assembly at Bruges Anno 15 Ed. 1. was styled Admirallus Maris Regis And that soon after the said Office became Tripartite viz. Anno 22 Ed. 1. when the said William de Leiburne was made Admiral of Portsmouth and the adjacent parts John de Botecurts of Yarmouth and the Neighbouring Coasts thereof and a certain Irish Knight of the West and Irish Coasts After whom succeeded three other Admirals for the same Divisions in the 19 year of Ed. 2. viz. John Otervin Nicholas Kiriel and John de Felton And in those daies the Admiral was often styled not Admirallus maris but Admirallus flotae Navium id est Classis or the Admiral of the Navy And this Admiral had his power divided into two stations the one was the North station which began at the mouth of the River of Thames and thence extended it self North-ward comprising Yarmouth and all the Eastern shore The other was the West station which beginning likewise at the mouth of the River of Thames stretched it self West-ward comprising Portsmouth and all the South and West of England But the first that was styled Admirallus Angliae was Richard the younger son of Alan Earl of Arundel and Surrey in the tenth year of R. 2. Notwithstanding all this which hath been said intimating that William de Leiburn in the 15 of Ed. 1. was the first in England that had this Office by the name or style of Admirallus yet it is evident by Matth. Paris in H. 1. which is about 150 years before that of Ed. 1. that at that time there was mention made of one Balac Ameralius here in England who in Fight took and surprized Jocelyne Earl of Edessa with his Cousin Galeranus But at what point of Time precisely that Office by the style or Appellation of Admiral was first known in England it matters not much since the thing it self which signified that Office now known to us by the style of Lord High Admiral and the Jurisdiction thereof hath ever been in this Kingdome time out of mind This will the more evidently appear if you consult the Records of History and compare them with others National touching that Ancient Dominion the Kings of England have ever had over the Seas of England together with that Maritime Jurisdiction which hath ever asserted the same That the Kings
then that only whence Pontus became a word used for the Sea in general though Prometheus according to Aeschilus the Attick Poet doth challenge all the glory of this Art of Navigation to himself whom among others who boasted themselves as Authours of this Art the Rhodians envying presumed to give Laws and to prescribe the Rules of Naval Discipline in order to the better government of Maritime affairs which were now occasionally introduced into the world by this Art of Navigation which Laws are found dispersed among the several Titles of the Civil Law by command from the Emperour Justinian This Island of Rhodes in the Mediterranean or Carpathian Sea was by reason of the multitude of their shipping and great commerce no less famous for their Sea-Laws then for their Monstrous Colossus The one was no less the Wonder of Reason in the infancy of Trade then the other of Art though That the greatest of the Seven in all the world This appears by that memorable and known passage of the Emperour Antoninus Pius who in Answer unto Eudemon's complaint concerning the seizure of his ship-broken goods by the Customers of the Cyclides in the Archipelago referres him for Justice to the Rhodean Laws professing that although he were Lord of the World yet the Law was of the Sea To which Rhodian Law several other Emperours as Tiberias Hadrian Vespatian Trajan Lucius Septimius Severus and others do referre all Maritime Controversies yea for many hundred of years the Mediterranean and most parts of the Christian Ocean where any Trassick or Commerce was subscribed to the Law of Rhodes in the Decision of all matters of Admiral Cognizance But some there are who by no means will admit that the Rhodians should thus Monopolize the glory of advancing the Common Interest of Mankind as if the Law of the Sea was born into the world only by their Obstetricy and therefore will have the Origination of the Sea-Laws attributed to the Phaenicians who as they are by some accounted the Authors of Arithmetick and Astronomie so also of Navigation whence is that Prima ratem ventis credre docta Tyrus They were the First that took the observation of the North-starre in supplement of that Navall mystery These Phaenicians who came with Cadmus into Greece as they Civilized the Graecians by their Sciences and other Literature so they exceedingly debauch'd them by their Luxurie and insatiable avarice which together with their Wares and Merchandise they first imported into Greece These were they that transported Io whence the Ionean Sea is so called out of Greece into Aegypt and were the First that descryed the Two Poles This Phoenicia is the Sea-Coast of Syria The Greeks call this Sea-Coast Phoenicia but the Hebrews call it Chanaan and the Inhabitants Chananites Dionysius also is of opinion that the Phoenicians were the First Mariners Merchants and Astronomers and Tyrus the Maritine Metropolis thereof whose Trade and Commerce was so great and remarkable in that Aera from Adam and consequently her Pride and Luxurie that Less then Two whole Chapters of the Sacred Record will not suffice to describe the vastness of the one and the Judgments of the other This City Tyrus is there styled a Merchant All whose Ships were made of Firre their Masts of Cedar their Oares of Bashan Oke the Hatches of Ivory the Wast clothes Vanes Flaggs and Pendants of Purple and Scarlet the common Mariners were the Zidoneans and Inhabitants of Arvad their Calkers were the Ancients of Geball and their Steers-men or Pilots where the wise men of Tyrus To these may be added the Inhabitants of Caria in Asia Minor for it is upon good Records of History that these also were anciently reputed Lords of the Sea as also the Inhabitants of Corinth Likewise the people of Aegina one of the Isles of the Cyclades and of Aegypt All these respectively have challenged to themselves this honourable invention of the Art of Navigation But the First that invented Ships on the Red Sea sailed thereon is said to be King Erythrus whence the Red Sea took its name of Erythreum Mare There are others who ascribe this Art of Navigation to the Carthaginians This seems to have more then fumum probationis in it for that these Poeni or Carthaginians originally were Phoeni or Phoenicians it is most undeniable that their Naval Discoveries attempted by Hanno by Hamilco and other Carthaginians are no less famous upon Historical Record then their Three great though unfortunate Bella Punica Maritima when Hannibal himself was Lord high Admiral which began in the 158 Olympiad and concluded with the sad Catastrophe of that famous City of Carthage then 700 years old in the last year of the 158 Olympiad whereby Rome by her Conquests lost the glory of a Competitor for the worlds Empire Now when the Roman Empire which is so commonly mistaken for the Beast with ten horns mentioned in the Prophet Daniel with Teeth of Iron and Nails of Brass which in truth is meant of the Syrian Monarchy under the Seleucidae so called from Seleucus Nicanor was shattered and dilacerated whereby a very dark and dismal Eclipse ensued generally on all Laws Necessity then which hath no Law occasioned new Laws and bad manners at Sea begat good Laws on Land yet not so much a Creation of new Laws that never were before as a Reviver or Resurrection of the former out of the Cinders of that fallen Empire together with such Additionals as Time Experience and Negotiations had administred occasion for especially to such parts of the world as by their Neighbourhood to the Sea were most conversant in Naval Expeditions and Maritime affairs Hence it is that in supplement of the forementioned Sea-Laws all the chief Towns of Commerce and Traffick on the Mediterranean contributed special Sea-Constitutions and Ordinances of their own for the better regulation of all Maritime Occurrencies Such were the Sea-Laws published by divers Emperours of Rome also by the Inhabitants of Pisa by the Genuises by those of Messene in Peliponesus of Marselleis Venice Constantinople Arragon by the Massilites Barcelonians and others As also the Laws of Oleron nigh 500 years now Received by most of the Christian world specially the Mediterranean as the Legal Standard of all Naval Discipline and for Decision of all Maritime Controversies For the Rhodian Laws being grown somewhat Superannuated and obsolete these Laws of Oleron succeeded the other and were published in that Isle then belonging to the Dutchy of Aquitane by King Richard the First at his Return from the Holy Land in the Fifth year of his Reign the said Isle at that time being under the Dominion of the Kings of England As to the Original of the Soveraign Command at Sea in the Infancy of Time though very uncertain yet divers Nations among which chiefly the Assyrians Macedonians Persians Egyptians
of Great Brittain have an undoubted right to the Soveraignty of the Seas of Great Brittain none but a few Mare Libertines and that for their own Interest ever scrupled Sir Hen Spelman gives us an Account of a very Ancient Record extracted out of the Laws of Hoelus Dha Regis seu Principis Walliae cir An. 928. which for the proof of the said Dominium quasi uno intuitu is here inserted in haec verba viz. Variato aliquantulum Nominis Vocabulo dici hic videtur Huwell Da qui superius Hoêl Dha Latine Hoêlus Hoelus alias Huval quem Malmesburiensis unum fuisse refert e quinque Wallensium Regibus Quos cum Cunadio Rege Scotorum Malcolmo Rege Cambrorum Maccusio Achipirata seu Principe Nautarum vel Marium Praefecto ad Civitatem Legionum sibi occurrentes Rex Anglorum Eadgarus in Triumphi pompam deducebat Una enim impositos remigrare eos hanc coegit dum in Prora ipse Sedens Navis tenuit gubernaculum ut se hoc spectaculo Soli Sali orbis Brittanici Dominum praedicaret Monarcham In this Ancient and Memorable Record King Edgar Neptune-like rides in Triumph over the Brittish Seas giving the world to understand that Dominium Maris is the Motto of his Trident. Consonant whereunto is that which the Law it self says Mare dicitur esse de districtu illius Civitatis vel Loci qui confinat cum mari in quantum se extendit territorium terrae prope mare In a word to this purpose the Renowned Learned Mr. Selden who hath left no more to say but with Jo Baptist Larrea in one of his Decisions of Granada That Authorum sententias non ex numero sed ex ratione metiri oportet pensitari debent juris fundamenta non Authorum Elenchum velut calculatione computari The Lord High Admiral is by the Prince concredited with the management of all Marine Affairs as well in respect of Jurisdiction as Protection He is that high Officer or Magistrate to whom is committed the Government of the Kings Navy with power of Decision in all Causes Maritime as well Civil as Criminal So that befide the power of Jurisdiction in Criminals he may judge of Contracts between party and party touching things done upon or beyond the the Seas Wherein he may cause his Arrests Monitions and other Decrees of Court to be served upon the Land as also may take the parties body or goods in execution upon the Land The Lord Coke in honour of the Admiralty of England is pleased to publish to the world that the Lord Admirals Jurisdiction is very Ancient and long before the Reign of Ed. 3. and that there hath ever been an Admiral time out of mind as appears not only by the Laws of Oleron but also by many other Ancient Records in the Reigns of Hen. 3. Ed. 1. Ed. 2. Thus as the Laws and Constitutions of the Sea are nigh as Ancient as Navigation it self so the Jurisdiction thereof hath universally been owned and received by all Nations yea and this Kingdome is by way of Eminency Crowned by Antiquity for the promulgation of the one and establishment of the other For otherwise without such Maritime Laws and such an Admiral Jurisdiction how could the Ancient Brittains long before Julius Caesar invaded this Isle restraine all Strangers Merchants excepted from approaching their Confines or regulate such Navies as were the wonder of that Age Or how could King Edgar in the Titles of his Charters have effectually styled himself as well Imperator Dominusque rerum omnium Insularum Oceani qui Brittaniam circumjacent as Anglorum Basileus or maintain in Naval Discipline these four hundred Sail of ships appointed by him to guard and scour the Brittish Seas And did not Etheldred after Edgar for the self-same end and purpose set forth to Sea from Sandwitch one of the greatest Navies that ever this Kingdome prepared Doubtless this was no Lawless Navy without Maritime Constitutions for the due regulation thereof according to the Laws of the Sea Consonant to that of the Jurisdiction of the Admiralty then in use and received by all the Maritime Principalities of Europe Whereas it is universally acknowledged That the Admiralty of England is very Ancient and long before the Reign of Edward the third who ever consults Antiquity shall find it farre more Ancient and long before the Reign of Edward the first even time out of mind before the said Edward the first To this purpose very remarkable is that ancient Record in the Tower of London entituled De Superioritate Maris Angliae jure Officii Admirallatus in eodem and out of the old French rendred into English by Sir John Boroughs in his compendious Treatise of the Soveraignty of the Brittish Seas pag. 25 c. edit Anno 1633. in which it evidently appears that the Admiralty of England and the Jurisdiction thereof was farre more Ancient then Edward the first and that from age to age successively and time out of mind even before the days of the said Edward the first it was so owned and acknowledged by this and all other Neighbour-Nations as appears by the said Record which was occasioned by a National Agreement of certain differences arising between the Kings of England and France in the 26 year of the Reign of the said Edward the first by reason of certain usurpations attempted by Reyner Grimbald then Admiral of the French Navy in the Brittish Seas in which Agreement the Commissioners or Agents for the Maritime Coasts of the greatest part of the Christian world of Genoa Spain Germany Holland Zealand Freezland Denmark and Norway then present made this memorable Acknowledgment and Declaration which is extracted out of the said Record as to so much thereof as relates to the Jurisdiction of the Admiralty viz. That the Procurators of the Admiral of the Sea of England and of other places as of the Sea-Coasts as of Genoa Catalonia Spain Almayne Zealand Holland Freezland Denmark and Norway do shew that the Kings of England time out of mind have been in peaceable possession of the Seas of England in making and establishing Laws and Statutes and Restraints of Arms and of Ships c. and in taking Surety c. and in ordering of all other things necessary for the maintaining of Peace Right and Equity c. and in doing Justice Right and Law according to the said Laws Ordinances and Restraints and in all other things which may appertain to the Exercise of Soveraign Dominion in the places aforesaid And A. de B. Admiral of the Sea deputed by the King of England and all other Admirals ordained by the said King of England have been in peaceable possession of the Soveraign guard with the Cognizance of Justice c. And whereas the Masters of the Ships of the said Kingdome of England in the absence of the said Admiral have been
and to award satisfaction to such as suffered wrong and damage But also that those very Laws and Statutes which were so to be Corrected Declared Expounded and Conserved by the Authority of the Office of the Admiralty were the Sea-Laws published at Oleron by King Richard the First So that the said Laws of Oleron gave the Rule and seems to be the usage concerning the Admiralty in the time of Edward the Third wereof the said Statute of 13 R. 2. speaks and by which Laws all Maritime affairs whether upon or beyond the Seas are properly Cognizable in the Jurisdiction of the Admiralty And in those Laws of Oleron so published by Richard the First are comprehended the matters of Admiral Cognizance whereunto that Form of Proceedings in these Records mentioned to be ordained by Edward the First and afterwards to be resumed revived and continued by Edward the Third relates Which very Records are also verbatim transcribed and published by the Lord Coke in that part of his Instit concerning the Court of Admiralty which speaks of the Superiority of England over the Brittish Seas and of the Antiquity of the Admiralty of England which he there proves expresly as high as to the time of Edward the First and by good inference of Antiquity and Ancient Records much higher For it appears by Ancient Records That not only in the days of King Edward the First but also in the days of King John all Causes of Merchants and Mariners and Things happening within the Floud-Mark were ever tryed before the Lord Admiral Again For the clearer understanding of what was the Usage in the time of Ed. 3. concerning the Admiralty it may be observed That in the beginning of these Records in Edward the Third's time it is said That a Consultation was had and the whole Bench of Judges advised with To the end that the Form of Proceedings heretofore ordained by Edward the First and his Councel should be resumed and continued not only for the retaining and conserving the ancient Superiority of the Sea of England but also the Office of the Admiralty as to the Correcting Expounding Conserving and Declaring the Laws and Statutes long since made by his Predecessors for the maintaining of Peace and Justice c. If upon a full Consultation in Ed. the Third's time That Form of Proceedings which had been formerly ordained by Ed. the First and his Councel shall be again resumed and continued it seems then requisite in the next place to inquire a little farther what was ordained by the said Edward the First and his Councel over and above what is already mentioned in the said Record And it appears that in the days of the said Ed. the First thâ—râ— was a good provision and remedy ordained for such Complainants as by Prohibitâ—ons issuing out of one Court to surcease the Legal prosecution of their rights in another could obtain redress in neither For by the Statute of the Writ of Consultation in Anno 24 Ed. 1. It is enacted That where there is a surceasing of Proceedings upon Prohibitions and the Complainants could have no remedy in the Kings Court that then the Lord Chancellour or Lord Chief Justice upon sight of the Libel should write to the Judges before whom the Cause was first moved that they proceed therein notwithstanding the Kings Prohibition directed to them before In a word therefore The said Statute of 13 R. 2. mentions the Usage in the time of Ed. 3. Edward the Third resumes and continues the Laws of Oleron published by Rich. 1. and what was ordained in the time of Ed. 1. And Edward the First ordained as in the Records aforesaid and Statute of Consultation The Expositor of the Terms of Law in his description of the Lord Admiral says That he is an Officer to Judge of Con Contracts between party and party concerning things done upon or beyond the Seas And in another of ancient Authority it is said in these words viz. That if an Obligation bear date out of the Realm as in Spain France or such other it is said in the Law and truth it is they are the Authours words that they be not pleadable at the Common Law Also the Learned Mr. Selden in the fore-cited place says That the Jurisdiction of the Common Law extends not it self beyond the Seas and without the Realm of England For as he speaks In the Law of the Land it is reckoned among the Priviledges of such as are absent That they who shall be out of the Realm of England at the levying of a Fine of any Land and making Proclamation thereupon are not so bound either by a yearly prescription as heretofore or by a five years prescription as is usuall of later times but that their right remains entire to them upon their return home So that being beyond Sea and without the Realm of England at that time and nothing of prejudice in that case fastned on them by reason of any Non-Appearance it seems as without the reach of the Common Law And Mr. Selden in the same place proves That to be beyond the Seas or extra quatuor maria doth in the Common Law-Books signifie the very same thing with extra Regnum And again Mr. Selden for 't is but due as well to the Truth as his Memory to repeat his Authority in the same place asserts concerning Things relating to Actions for Matters Maritime That they were not wont to be entered in express tearms heretofore in the ordinary Courts of the Common Law whose Jurisdiction was ever esteemed of such a nature that an Action Instituted about a matter arising in any other place then within the bounds of the Realm was by the ancient strict Law always to be rejected by them After which manner as it hath been a Custome now for many years that an Action ought to be rejected unless the matter have its rise within the Body as they call it of the County that is within some Province or County of the Island usually given in charge to certain Governours or Officers known to us by the name of Sheriffs So also is it in the Sea-Province belonging by the ancient received custome to the high Admiral or his Deputies not only so far as concerns its defence and guard but also as to matter of Jurisdiction Likewise in the same place Mr. Selden in honour of the Admiralty says That in ancient Records concerning the Customes of the Court of Admiralty It was an usual custome in the time of King Henry the First and of other Kings both before and after him That if any man accused of a capital crime done by Sea being publickly called five times by the voice of the Cryer after so many several days assigned did not make his Appearance in the Court of Admiralty he was banished out of England de mer appurtenant au Roy d'Angleterre or out of the Sea belonging to the King of England for forty years more or
in peaceable possession of taking Cognizance and judging all actions done in the said Sea c. the said Procurators in the names of their said Lords do pray c. that speedy delivery of the Goods and Merchandizes taken and detained be made to the Admiral of the said King of England to whom the Cognizance of the same of right appertaineth so that without disturbance of you or any other he may take Cognizance thereof and do that which appertaineth to his Office In which Record it is observable that even in those days that is before the time of Edward the first the Kingdome of England had not only the Soveraignty of the Brittish Seas but also an Admiral empowered with a Jurisdiction Maritime to take Cognizance and judge all actions done on the Sea to doe Justice execute the Laws of the Sea maintain Peace Right and Equity according to the Laws and Ordinances of the Sea and in a word to minister Justice in all things that to the Office of an Admiral appertain To this might be added King John's Ordinance made at Hastings touching the Soveraignty of the Brittish Seas in the point of striking Sail or veiling Bonnets by the vessels of Forraign Nations to the Kings Ships which Ordinance was made long before the Reign of Edward the first and wherein mention is likewise made of the high Admiral of England But this that hath been said may abundantly suffice both to prove and illustrate the Antiquity of the high Admirall of England and his Jurisdiction in matters Maritime If it be granted that Frustra sunt Arma foris nisi est Consilium domi it cannot well be denied but that Frustra sunt Arma domi nisi est Dominium Maris to which as undeniably may be added that Frustra est Dominium Maris nisi est Jurisdictio domi If therefore the Ancient Rights of the Jurisdiction of the Admiralty of England should at any time happen to be impeded by ought not so properly qualified Judicially to conserve the Rights of the Soveraignty of the Brittish Seas might not a Decay of Trade that Cornucope of all National Provisions be justly suspected specially if Neighbour-Nations should thence pretend to spy any thing like a flaw in Englands Trident as if her Dominium Maris were in part dismantled the Plenty as well as the Safety and Security of these Kingdomes much under God consisting in the Power of the Royal Navy those Pyramids of Majesty or Floating Garisons The Dominium Jurisdictio Maris are such Confederates you cannot prejudice the one and not the other And therefore to scruple that Jurisdiction those Ancient Rights whereby our own are conserved and secured may not be convenient So that to doubt whether the established Jurisdiction of the high Admiralty of England may judge of Marine Properties is implicitely and in effect to inferre that the Navy Royall is equipped only to enamel the Seas and take the Air or that their Captures at Sea must evaporate if Bargains and Sales made super altum mare can transferre and alienate properties then doubtless the Admiralty can finally judge and determine thereof Nor let any man think the Admiralty of England is without remedy in case one man impleads another for an Admiral cause in another Jurisdiction for if the Admiralty cannot summon and proceed according to the ancient style practice and known Rights Laws and Customes of that Jurisdiction against such who in matters of Admiral Cognnizance prosecute the Law elsewhere then what is it more then a meer Idaea that hath no real existence beyond the pleasure of the parties litigant nor is that other mis-opinion viz. That the Admiralty may not enforce its own Decrees and Orders worth Consideration for the Executive part is so inherent in a Jurisdiction quatenus such that in effect it is but a lame and imperfect Jurisdiction without a Power Coercive which breaths life and vigour into a Jurisdiction by Execution which otherwise would be but like a Body without a Soul or like an expert Commander Commissioned to fight with his hands manacled behind him Sententia absque Executione est quasi splendidum Justitiae Cadaver This mis-conceit may not be much inferiour to theirs who are dextrous at Translocations by surmises and suggestions if the the circumstance of Locality be too light to be traversable yet it is of weight enough to be surmised or suggested It is not impossible but that the Cognizance of the Admiralty being in part essentiated by the Marine Circumstance of Place may be obstructed by a meer missurmise as to the Locality Suum cuique tribuere is the ultimate Result or Summa Totalis of all Justice whose Ballance is then best poized when it weighs each Individuals Policy with a Consistency to common Interest It may be not less hazardous then chargeable for the Client to complement Justinian with one Fee and Littleton with another If so it will be expedient that he provide two Purses which is but the beginning of sorrows for he must also provide a good stock of Patience to await the event of what will put no issue to the merits of his Cause And in Concurrencies of Jurisdictions a Concurrency of Jurisdictional qualifications as well Intrinsick as Extrinsick seems to be requisite for admitmitting that by a Dedimus potestatem or other Writ of like nature witnesses might be Legally examined at Venice Lisboa or other transmatine parts Sub mutuae vicissitudinis obtentu yet what Judicial improvement can be made thereof especially quando ex facto jus oritur without due intrinsick qualisications calculated for the Meridian of a Maritime Cause But to digress may be to transgress To return therefore to the Antiquity of the Office and Juisdiction Admiral The Authour of the Book entituled Rights of the Kingdome hath several Passages concerning the Office and Jurisdiction of the Admiralty whereof one is pag. 90. That Edgar that Great Monarch was as great a Conquerour by Sea as Aethelstane by Land That it might be easier to shew his four Seas then to set their exact Bounds But in pag. 132. he is pleas'd to say that the Law Maritime is Dark enough with all the Jurisdiction of the Court Admiral So is the Sun to him that will not see where he farther seems to please himself with saying That that Office may be harder then the Name by calling it a strange mixture of Greek and Arabick Yet for the Antiquity of the said Office he doth the Admiralty that right as withal in the same place to assert That the old Ms. del'Office del ' Admiral hath divers Records of H. 1. Rich. 1. and King John speaking of Trials by twelve as at Common Law But that now the practice is much otherwise And that in the Rolls of Ed. 1. the Name of Admiral But not in our Printed Laws that the said Authour knows of till Edward the second And then adds That in Edward the third the Rolls are
to be wind-bound in our own Ports then to lanch forth into the wide Ocean of the Maritime Laws touching this Subject specially in an English Bottome having an eye to the Burden of the Vessel and for whose accompt this Cargo was first shipp'd whither bound and for whom consigned as also how disadvantageous it might prove for the Principals to have the returns of their expectation only in the Arbitrary altercations of cross-opinions rather then in such stapletruths of the Law as are not only currant in all the Navigable parts of the world but of most use and practice in the Admiralty of England For these reasons the Reader may expect only a taste of Admirall varieties and therein no more then may serve to excite his impatience after the excellency of that which in a set Treatise for this purpose might in its proper Dialect and due Latitude be emitted by an abler Artist All Maritime affairs are regulated chiefly by the Emperial Laws the Rhodian Laws the Laws of Oleron or by certain peculiar and Municipal Laws and Constitutions appropriated to certain Cities Towns and Countries bordering on the Sea within or without the Mediterranean calculated for their proper Meridian or by those Maritime Customes and Prescriptions or Perpetual Rights which are between Merchants and Mariners each with other or each among themselves This Maritime Government and Jurisdiction is by the King as Supreme as well by Sea as at Land concredited with the Lord high Admiral of England who next and immediately under the Prince hath the chief Command at Sea and of Sea-affairs at Land This Lord high Admiral hath several Officers under him some of a higher others of a lower form Some at Land others at Sea some of a Military others of a Civil Capacity some Judicial others Ministerial Such as are Chief in the Judicial Capacity are in the Law known by the style of Magisteriani or Judges of Sea-faring debates and all Maritime controversies whereof one being the Judex ad quem in all Maritime causes of appeal from inferiour Courts of Admiralty is with us known by the style of Supremae Curiae Admirallitatis Angliae Judex within whose cognizance in right of the Jurisdiction of the Admiralty by the Sea-Laws the Laws and Customes of the Admiralty of England are comprized all matters properly Maritime or any way pertaining to Navigation The Judicial Proceedings wherein are Summary Velo Levato sine figura Judicii As by warrant of arrest or other Original Mandate Execution and Return thereof Interposition of Caution given by the arrested for his Legal Appearance according to the tenor of the said Warrant of Arrest Appearance and Introduction of Sureties by way of Stipulation or Judicial Recognizance in the summe of the Action de judicio sisti de judicato expensis solvendis cum ratihabitione Procuratorii as also the Plaintiffs caution to pay costs in case he fail in his suit Contempt in case of non-appearance and forfeiture of the said caution in case of such contempt offering the Libel in case of Appearance Litis contestation or joyning of issue Decree for the Defendants personal Answer upon Oath to the said Libel exhibited against him a Decree for a viis modis in case of a Non Inventus a Decree against the sureties to produce the party Principal in judicio Production of him accordingly his answer upon Oath to the Libel Production of Witnesses Compulsory against such Witnesses as will not appear without it Commission for examining of Witnesses at home or sub mutuae vicissitudinis obtentu beyond Sea The Oath of Calumny by both parties if they please Exception against the Witnesses The Supplementary Oath Exhibition of Instruments Publication of Witnesses Conclusion of the Cause Sentence Definitive Appeal made within fifteen days of the said Sentence Assignment ad prosequendum Prosecution of the Appeal Remission of the Cause to the Judge A Quo Decree for Execution and Sentence executed accordingly Beside the other way of proceeding by arrest of goods or of goods in other mens hands and so to a Primum Decretum as to the Possession upon four Defaults and thence after one year to a Secundum Decretum as to the Propriety in case of Nonintervention upon laying down the costs of the Prim. Decret in the interim In the Proceedings there may be also Reconvention also sequestration of goods lite pendente and sentence Interlocutory as well as Definitive with many other particulars which may or may not happen according as the Court sees cause and the merits of the Case require Within the Cognizance of this Jurisdiction are all affairs that peculiarly concern the Lord high Admiral or any of his Officers quatenus such all matters immediately relating to the Navies of the Kingdome the Vessels of Trade and the Owners thereof as such all affairs relating to Mariners whether Ship-Officers or common Mariners their Rights and Priviledges respectively their office and duty their wages their offences whether by wilfulness casualty ignorance negligence or insufficiency with their punishments Also all affairs of Commanders at Sea and their under-officers with their respective duties priviledges immunities offences and punishments In like manner all matters that cnocern Owners and Proprietors of ships as such and all Masters Pilots Steersmen Boteswains and other ship-Officers all Ship-wrights Fisher-men Ferry-men and the like Also all causes of Seizures and Captures made at Sea whether jure Belli Publici or jure Belli Privati by way of Reprizals or jure nullo by way of Piracy Also all Charter-parties Cocquets Bills of Lading Sea-Commissions Letters of safe Conduct Factories Invoyces Skippers Rolls Inventories and other Ship-papers Also all causes of Fraight Mariners wages Load-manage Port-charges Pilotage Anchorage and the like Also all causes of Maritime Contracts indeed or as it were Contracts whether upon or beyond the Seas all causes of mony lent to Sea or upon the Sea called Foenus Nauticum Pecunia trajectitia usura maritima Bomarymony the Gross Adventure and the like all causes of pawning hypothecating or pledging of the ship it self or any part thereof or her Lading or other things at Sea all causes of Jactus or casting goods over board and Contributions either for Redemption of Ship or Lading in case of seizure by Enemies or Pyrats or in case of goods damnified or disburdening of ships or other chances with Average also all causes of spoil and depredations at Sea Robberies and Pyracies also all causes of Naval Consort-ships whether in War or Peace Ensurance Mandates Procurations Payments Acceptilations Discharges Loans or Oppignorations Emptions Venditions Conventions taking or letting to Fraight Exchanges Partnership Factoridge Passagemony and whatever is of Maritime nature either by way of Navigation upon the Sea or of Negotiation at or beyond the Sea in the way of Marine Trade and Commerce also the Nautical Right which Maritime persons have in ships their Apparâ—â— Tackle Furniture Lading and all things pertaining to Navigation also all causes
of Out-readers or Out-riggers Furnishers Hirers Fraighters Owners Part-owners of ships as such also all causes of Priviledged ships or Vessels in his Majesties Service or his Letters of safe Conduct also all causes of shipwrack at Sea Flotson Jetson Lagon Waiffs Deodands Treasure-Trove Fishes-Royal with the Lord Admirals shares and the Finders respectively also all causes touching Maritime offences or misdemeanours such as cutting the Bovy-Rope or Cable removal of an Anchor whereby any Vessel is moared the breaking the Lord Admiral 's Arrests made either upon person ship or goods Breaking Arrests on ships for the King's Service being punishable with Confiscation by the Ordinance made at Grimsby in the the time of Rich. 1. Mariners absenting themselves from the Kings Service after their being prest Impleading upon a Maritine Contract or in a Maritime Cause elsewhere then in the Admiralty contrary to the Ordinance made at Hastings by Ed. 1. and contrary to the Laws and Customes of the Admiralty of England Forestalling of Corn Fish c. on ship-board regrating and exaction of water-osficers the appropriating the benefit of Salt-waters to private use exclusively to others without his Majesties Licence Kiddles Wears Blind stakes Water-mills and the like to the obstruction of Navigation in great Rivers False weights or measures on ship-board Concealings of goods found about the dead within the Admiral Jurisdiction or of Flotsons Jetsons Lagons Waiffs Deodands Fishes Royal or other things wherein the Kings Majesty or his Lord Admiral have interest Excessive wages claimed by Ship-wrights Mariners c. Maintainers Abettors Receivers Concealers or Comforters of Pyrats Transporting Prohibited goods without Licence Draggers of Oysters and Muscles at unseasonable times viz. between May-day and Holy-rood-day Destroyers of the brood or young Fry of Fish such as claim Wreck to to the prejudice of the King or Lord Admiral such as unduly claim priviledges in a Port Disturbers of the Admiral Officers in execution of the Court-Decrees Water-Bayliffs and Searchers not doing their duty Corruption in any of the Admiral-Court-Officers Importers of unwholesome Victuals to the peoples prejudice Fraighters of strangers Vessels contrary to the Law Transporters of ptisoners or other prohibited persons not having Letters of safe Conduct from the King or his Lord Admiral Casters of Ballasts into Ports or Harbours to the prejudice thereof Unskilful Pilots whereby ship or man perish Unlawful Nets or other prohibited Engines for Fish Disobeying of Embargos or going to Sea contrary to the Prince his command or against the Law Furnishing the ships of Enemies or the Enemy with ships All prejudice done to the Banks of Navigable Rivers or to Docks Wharsfs Keys or any thing whereby Shipping may be endangered Navigation obstructed or Trade by Sea impeded Also embezilments of ship-tackle or furniture all substractions of Mariners wages all defraudings of his Majesties Customes or other Duties at Sea also all prejudices done to or by passengers a shipboard and all damages done by one ship or Vessel to another also to go to Sea in tempestuous weather to sail in devious places or among Enemies Pyrats Rocks or other dangerous places being not necessitated thereto all clandestine attempts by making privy Cork-holes in the Vessel or otherwise with intent to destroy or endanger the ship Also the shewing of false Lights by Night either on shore or in Fishing Vessels or the like on purpose to intice Sailers to the hazard of their Vessels all wilful or purposed entertaining of unskilful Masters Pilots or Mariners or sailing without a Pilot or in Leaky and insufficient Vessels also the over-burdening the ship above her birth-mark and all ill stowage of goods a shipboard also all Importation of Contrabanda goods or Exportation of goods to prohibited Ports or the places not designed together with very many other things relating either to the state or condition of persons Maritime their rights their duties or their defaults all which only to enumerate would require a Volume of it self These therefore may suffice for a hint of persons and things properly Cognizable within the Jurisdiction of the Admiralty of England Omitting what might be here likewise added as to the Naval Military part within the Cognizance of the said Jurisdiction As that ships in the Brittish Seas not amaining at the first Summons to any of his Majesties ships may be assaulted and taken as Enemies That no Prize ought to be carried from the Fleet without the Admirals leave That all above hatches saving the ship-furniture ought upon a seizure jure belli to goe to the Captors That the Vessels of Forraigners met with at Sea may be visited and examined if suspected specially in times of Warre their Cocquets Pasports Charter-parties Invoyces Bills of Lading Ship-Roll with other Instruments ship-papers perused that so if there be cause they may be brought before the Admiral There are many other particulars referring as well to the Civil as to the Criminal part of this Jurisdiction which might be here inserted but the design of this Compendious Treatise being as formerly hinted rather to touch then handle things it may not be expected that the great Continent of the Admiralty should be comprized in so small a Map To conclude therefore with that great Oracle of the Civil Law Baldus touching the Marine Jursdiction In mari Jurisdictio est sicut in terra Nam Mare in terra h. e. in alveo suo fundatum est quum Terra sit inferior Sphaera videmus de jure Gentium in mari esse Regna distincta sicut in arida terra Ergo Jus Civile id est Praesciptio illud idem potest in mari scilicet quod in terra operari So that all such as out of a subtile humour would fain insinuate into the world as if there were no such thing as Jurisdictio maris or Dominium maris with its prescript limits and bounds some arguing from the perpetual motion of that liquid element Others from a supposed parity between the Sea and the Air in point of Community are by this Learned Oracle left without any hopes or possibility of the least Orthodox support for their Anti-thalas-monarchical opinion For in this place he is positive That both the Jurisdiction and the Dominion of the Sea with their distinct limits and bounds as well as that of the Land are duly constituted and that not by force and power but by Law not only by the Civil but also by the Law of Nations and this not in the Emperours alone but also in such Kingdomes and States as by Prescription Custome or otherwise may claim the same CHAP. V. Of Laws and Jurisdictions in general with the several kinds and degrees thereof IT is recorded in the Historical part of the Law by that famous Lawyer of Millayne Jason Maynus who flourished about the year of our Lord 1500 and taught at Padua where he dyed Anno 1519. upon this subject of Jurisdictions that Raphael Fulgosius that Jaspis virtutum utroque jure
and so to conclude this point with Omphalius that famous and Modern German Lawyer Jurisdictio est res indivisibilis si tamen ejus Domini in eodem Territorio dissentiant in Exercitio Jurisdictionis pertinebit ad Superiorem Potestatem Conoordia partes interponere vel usum Jurisdictionis Exercendae dividere This seems to be the Admiralties Case in terminis All Jurisdictions are essentially radicated only in the Prince or Supreme Magistrate The Law ranks them inter Regalia Principum The right and power of the conservation of Jurisdictions doth lodge and reside properly there from whence they had their being and origination Jurisdictiones omnes ab ipso Principe velut Rivuli à fonte suo manarunt When the Prince or Supreme Authority Ex plenitudine Potestatis doth create or constitute a Jurisdiction he doth not devest himself of the right of expounding his own Grant according to that in the Law Jurisdictio licet concedatur à Principe semper tamen inhaeret ejus ossibus So that when differences do arise concerning the rights or demands the Ampliations or Restrictions the Latitude or Boundaries of Jurisdictions the Prince is the competent Judge to decide and reconcile In this case therefore to Caesar is the Appeal CHAP. VI. Of Prohibitions Their several kinds Causes and Effects in the Law HAving spoken of Jurisdictions in general it may not now be of less consequence to enquire of what superseding faculty a Prohibition in its original and due intendment of Law may be in point of right and power for the removal of the Cognizance of Causes from one Jurisdiction to another And although in the precedent Chapter there hath been a clear and distinct Prospect of the matter of Jurisdictions out of the Civil Law being the best and indeed the only Law that could with such transparency present us with an object of that depth and difficulty yet now being to look through other Mediums so clear a sight of Prohibitions may not be expected to be presented in the same Glass For Prohibitio in the sense now intended may not be taken for Interdictum quo Praetor vetat aliquid fieri nor be thence dissected into its several kinds and distinctions according to the Analogy of Civil Law This would be as little pertinent to the present purpose in hand as rationally it could expect of credit or belief out of its proper Sphere Suffice it therefore that it be described under such Rules and Characters as the Law of this Realm doth not disown It shall therefore only be premised what Boerius that famous Civilian says of it That a Judge in matters cognizable before him may prohibit such as are within his Jurisdiction from impleading any in another Court to his prejudice And that an Ecclesiastical Judge may issue his Mandate to a Judge Secular prohibiting him from medling with matters of Ecclesiastical Cognizance And the same Boerius in another place says That in such cases of Excess by the power of one Jurisdiction exercised over another the King is to decide the Controversie A Prohibition in the sense most adequate to the purpose in hand is a Writ forbidding to hold Plea in a Matter or Cause supposed to be without the Jurisdiction and Cognizance of that Court where the Suit depends Sir Thomas Ridley calls it a Commandement sent out of some of the Kings higher Courts of Record where Prohibitions have been used to be granted in the Kings Name sealed with the Seal of that Court and subscribed with the Teste of the chief Judge or Justice of the Court from whence the Prohibition doth come at the suggestion of the Plaintiff pretending himself to be grieved by some Ecclesiastical or Marine Judge in non-admittance of some matter or doing some other thing against his right in his or their Judicial Proceedings commanding the said Ecclesiastical or Marine Judge to proceed no farther in that cause upon pretence that the same doth not belong to the said Ecclesiastical or Marine Judge But this description of the Writ of Prohibition though large enough yet not comprehensive enough For Prohibitions may issue to Courts that have neither Ecclesiastical nor Marine Cognizance as appears by the Learned Fitzh who among Sixty several Cases by him mentioned wherein a Prohibition doth lye doth not instance in any against the Admiralty Nor do the Statutes though express as to Prohibirions against Courts Ecclesiastical speak of any in express terms or in the letter of it as against the Admiralty Hence probably it is that the Authour of the Terms of the Law makes no other description of a Prohibition then this viz. That it is a Writ that lyeth where a man is impleaded in the Spiritual Court of a thing that toucheth not Matrimony nor Testament nor meerly Tithes And this Writ shall be directed as well to the Party as to the Judge or his Official to prohibit them that they proceed no farther But if it appears afterwards to the Judges Temporal that the matter is to be determined by the Spiritual Court and not in the Court Temporal then the Party shall have a Writ of Consultation commanding the Judges of the Court Spiritual to proceed in the first Plea Which description of the Writ of Prohibition is consonant to the Statute of 2 Ed. 6. cap. 13. whereby it is provided That he that sueth for a Prohibition shall make a suggestion and prove it by two witnesses And in case it be not proved true by two witnesses at the least in the Court where the Prohibition is granted within six moneths next after the said Prohibition then the Party so hindred by such Prohibition shall have a Consultation and recover double costs and damages against the party that sued for the Prohibition And in the said description of a Prohibition by the Authour of the Terms of Law there is not any thing express'd as to a Prohibition against the Admiralty but only against Judges in matters Spiritual wherein the Court of Admiralty is not concern'd By the Proceedings whereof there is not as in the other once was the least pretence for any fear of dis-inheritage of the Crown-Rights which will be agreed to be originally the Causa finalis of Prohibitions Whence it was long since observed and published by a Learned Civilian of this Nation That this Writ of Prohibition in those days may well be spared For although it were some help to the Kings inheritance and Crown when the two Swords were in two divers hands yet now that both Jurisdictions are settled in the King as the only Supreme Magistrate there is little reason thereof And indeed the Jurisdiction of the Admiralty of England was ever inherent in the Crown of England so that there was never in that sense that parity of reason for Prohibitions against the one as against the other That which at first hath its origination from a principle of well-grounded policy and is of
practicable for the foundation of Process Action or Judicial Proceedings But it may be otherwise of certain Things which if you assay by a surmize to remove from their proper element you may seem as it were to annihilate the thing it self Or endeavouring a representation of such non-entities by a meer conception of words you may seem as it were to attempt incapabilities which the Law understands not or no other then the ebolitions of fancy for ex nihilo nihil fit Nor is it controverted whether a Delinquent for adherency with the Kings Enemies beyond Sea shall be tryed in England no question but such adherency without the Kingdome to accommodate the matter for Tryal somewhere and to prevent a total failure of Justice may according to Law be alledged to have been made in some place within the Kingdome because a Fact of that kind is within the Notion of Nature and Reason capable of a being in either But it does not thence follow that the Collision of one Ship against another by the violence of Wind and Tide being and capable of happening where Terra firma is not may according to Rules of Law be supposed to have happened in the Ward of Cheap when possibly or in truth the said casualty did happen Super altum mare it may be sixty Leagues West-ward of the Cassiterides or Isles of Scilly And this not so much to accommodate the matter for a Tryal at Law somewhere for prevention of a total failure of Justice as in the former cases as to remove a Tryal already in being from one Jurisdiction to another lite pendente ad aliud examen There is a double difference and of wide dimensions between the said instances and the true state of the Case in hand First that way of arguing holds well and rationally to create a Tryal in case of Necessity where otherwise Justice might totally fail for want of a competent Tribunal in order thereto And here there is no opponent for the objection is of another nature as when surmizes and suggestions are used as a remedy extraordinary where the ordinary means fail not and that not so much to beget a Tryal which otherwise could have no being as to remove a Tryal actually in being Secondly there is a vast difference in Law between Persons and Things in reference to Legal Fictions as to their operation in Judicial Proceedings For Persons in one place will without offence to the Law admit of Fictions to suppose them in any place but Things and Actions are ever to be accommodated as unto a possibility in Nature so to Rationality and Equity in Act Insomuch that if by any manner of supposing they happen to be strain'd beyond either of these all the Superstructure may fall for want of sufficient foundation Though it be very true what Spiegelius once said Fingi Lites poterunt ut transactio fiat citra Praetoris authoritatem yet most apt and true also is that of Ulpian Fictio privata illicita nihil distat à fraudulent a simulatione The Reason in Law is because as all Legal Fictions must ever imitate Nature it self in re possibili though it be adversus veritatem so it must also be Legis ex justa causa dispositio It is said That an Obligation made beyond the Seas may be sued in what place in England the Plaintiff please Insomuch that notwithstanding it bear date at Burdeaux in France yet it may be alledged to be made in quodam loco vocat ' Burdeaux in France in Islington in the County of Middlesex and there it shall be tryed For as it is there farther added in that case it is not traversable whether there be such a place in Islington or no. But yet the Renowned Littleton says plainly as is before observed That a thing done out of the Realm may not be tryed within the Realm by the Oath of twelve men If an Obligation made beyond the Seas may be sued here in England in whatsoever place the Plaintiff please admitting the intraversability of the place it follows That a thing done at Burdeaux in France may be tryed in Middlesex in England and that which was done in the East-Indies may be tryed in the Ward of Cheap If it be admitted that the words of the incomparable Littleton viz. Out of the Realm And the words of the Lord Coke viz. Beyond the Seas do according to the intendment here agree in parity of sense though in other Cases very distinguishable then it would seem as if there were some need of a person dexterous at Gordian knots in this point that may not Alexander-like cut instead of untying the same who withal must remember what the Lord Coke himself there says in the close of that Burdeaux Case in Islington viz. That these Points are necessary to be known in respect of the variety of opinions in our Books whereby it is evident that there is not that universal unanimity of consent in this point as to render it indubitable So that although a surmize or suggestion should translocate Burdeaux into Islington yet 't is not to be gain-said but that the great Oracle of the Law asserts That Things done without the Realm cannot be tryed within the Realm by the Oath of twelve men Where the Locality is meerly Circumstantial to the Fact and not withal Essential to a Jurisdiction in that case the intraversability of the Place need not be so considerable as when a Right of Cognizance admits dispute by reason of such Locality or the claim of another Jurisdiction not inadmissable specially of such a Jurisdiction as mainly calculates her Cognizance according to the Meridian of that Place where the Thing or ground of Action received its Origination and where the very Locality becomes as it were one Essential to the Jurisdiction it self and where by such an intraversability of the Place though only surmized it becomes not impossible but that a competent Jurisdiction may happen to be quoad hoc excluded The Jurisdiction of the Admiralty having ever been of the complaining hand touching the inconveniencies through uncertainty of Jurisdiction as to the Cognizance and Tryal of Causes Maritime may aptly say with the Lord Coke Misera est servitus ubi jus est vagū aut incognitum It hath been said That if an Indenture Bond or other Specialty or any Contract be made beyond the Sea for the doing of any Act or payment of any mony within the Realm That in such Cases the Court of Admiralty hath not any Jurisdiction And that therefore Prohibitions have been granted as by Law they ought when the Court of Admiralty hath dealt therewith in derogation of the Common Law If Instances of awarding Prohibitions should amount to a general Rule without Exception the Admiralty would seem to have made in former times many frivolous complaints it is presumed all men will not deny but that it is possible for a Transmarine Contract to be a Maritime
is said to be a Truth how fatal soever built upon this double foundation First because the Court of Admiralty proceeds by the Civil Law Secondly because if an erroneous sentence be given in that Court no Writ of Errour but an Appeal doth lye according to the Statute of 8 Eliz. cap. 5. Reason is or should be the source or fountain of all humane Laws no Waters rise higher then their Springs The first enquiry therefore will be what a Court of Record is or what Court may properly be said to be a Court of Record which being known and considered if you be not then satisfied you may if you please farther enquire whether the being of Record be such an essential qualification to a Court as without which it is incapable of taking such Stipulations I say such Stipulations as the Court of Admiralty hath ever used to take and de jure ought to take The Lord Coke makes this description of a Court of Record Every Court of Record is the Kings Court albeit another may have the profit wherein if the Judges do erre a Writ of Errour doth lye But the County-Court the Hundred-Court the Court-Baron and such like are no Courts of Record And therefore upon their Judgments a Writ of Errour lyeth not but a Writ of false Judgment for that they are no Courts of Record because they cannot hold plea of Debt or Trespass if the debt or damage do amount to forty shillings or of any Trespass Vi Armis It is observable that it is here said that every Court of Record is the Kings Court So is the high Court of Admiralty styled the Kings Court as appears not only by the Title or preliminary Description but also by the second Article or Proposition in the Resolutions upon the Cases of Admiral Jurisdiction subscribed in Anno 1632. by the Reverend Judges in Presence of His Late Majesty of ever Blessed Memory and the Lords of His Majesties most Honourable Privy Councel And whereas in the said description of a Court of Record it is said They are no Courts of Record because they cannot hold Plea of Debt or Trespass if the debt or damage do amount to forty shillings or of any Trespass Vi Armis it is well known that the Court of Admiralty can hold Plea of a Debt or Trespass Maritime if the debt or damage do amount to as many thousands of pounds as there are pence in forty shillings and not only of Trespass Vi Armis but also of Maihem yea of Death it self Wherefore as the former character of a Courts being of Record may be applyed to the high Court of Admiralty as the Kings Court So the other character of a Courts not being of Record is no way applicable to the said Court of Admiralty But in the said description of a Court of Record it is said that every Court of Record is the Kings Court wherein if the Judges do erre a Writ of Errour doth lye the question then is whether it be a question whether a Writ of Errour doth lye in the Consistory Court of the University of Cambridge which Queen Elizabeth by her Charter dated 26 April Anno 3 Reg. made a Court of Record And Writs of Errour did also properly lye in any Court where they have power to hold Plea by the Kings Charter or by Prescription in any summe either in Debt or Trespass above the summe of forty shillings In which sense the Court of Admiralty as aforesaid is sufficiently qualified as a Court of Record which though eminent enough for its practice and interest in the Realm and so not probable to have escaped a particularization among the other fore-mentioned Courts the County-Court Hundred-Court and Court-Baron as no Courts of Record by reason of any oblivion yet is not there instanced among those other Courts not of Record And the County is called a Court of Record Westm 2. cap. 3. Anno 13 Ed. 1. But it seems by Britton cap. 27. that it is only in these causes whereof the Sheriff holdeth Plea by special Writ and not those that are holden of course or custome And whereas Brook seemeth to say That no Court Ecclesiastical is of Record yet Bishops certifying Bastardy Bigamy Excommunication the vacancy or plenarty of a Church a Marriage a Divorce a Spiritual intrusion and the like are credited without farther enquiry or controlment This only by the way and in transitu If it be said the Court of Admiralty is no Court of Record because it proceeds by the Civil Law it may be demanded by what Law the Consistory-Court of Cambridge proceeds which Q. Elizabeth as aforesaid made by her Charter a Court of Record For the King may make a Court of Record by his Grant which seems to allay that Antipathy that is supposed between a Court of Record and a Court proceeding by the Civil Law a Law allowed received and owned as the Law of the Admiralty of England Yet Serjeant Harris in the Case of Record against Jobson argued That a Recognizance taken in the Court of Admiralty to stand to the Order of the Court is void and that it hath been so adjudged So it 's argued it is not said Resolved It is a happiness as well as a truth what was once said in Dr. James his Case That the King is the indifferent Arbitratour in all Jurisdictions and of all Controversies touching the same and that it is a Right of his Crown to distribute to them that is to declare their bounds It is no novel doctrine to assert that Stipulations taken in the high Court of Admiralty for appearance or performance of its own Acts Orders and Decrees are in modo procedendi quasi Accessorium quoad Principale And the Modern Reporter in a Case depending before the Commissioners of Ensurance between Oyles and Marshal says That it being moved in the Kings Bench for a Prohibition and a Rule there given to shew cause why a Prohibition should not be granted to the Court of Ensurance it was then declared That if they had Jurisdiction of the Principal matter they had Jurisdiction of matters also incident thereto And what are Recognizances taken in the Court of Admiralty for Appearance and performance of its own Acts and Decrees more then Stipulations Judicio sisti judicatum solvi Insomuch as to deny the right or power of taking such Stipulations seems in effect as to imply an inhibition of the whole Jurisdiction for without such Stipulations in praeparatorio Litis the subsequent Judgement be it for Plaintiff or Defendant would prove but vain and elusory And a Judgement without due and effectual execution is quasi sententia inanimata without such stipulations Justice may be perverted into Injustice for default of that which is the complement or ultimate design of all Justice viz. Facultas suum cuique tribuendi The Practice of taking such Stipulations for the Legality thereof according to
that Law whereby that Court proceeds is nothing inferiour in point of Antiquity to the Jurisdiction it self the style of that Court in that point of Practice being as Ancient as the Court it self And whereas the right of taking such stipulations for Appearance and performance of the Acts Orders Judgements and Decrees of the Court of Admiralty hath not been without contradiction upon the foresaid ground That the said Court is no Court of Record it doth plainly appear by a Record of good Antiquity and with the Learned Mr. Selden of good Authority That the said Court is a Court of Record And if the Court of Admiralty be discharactered as no Court of Record by reason of its proceeding by the Civil Law it would thence seem to be implyed as if no part of the Civil Law were any part of the Law of England It is not concealed from the world by a person of no less honour then knowledge in the Laws of this Realm that the Imperial or Roman Law is in some cases the Law of the Land This worthy Authour speaking of the Right of Prerogative in absolute Kings and Princes as to Impositions upon Merchandizes doth upon that occasion in the fore-cited place declare himself in haec verba Forasmuch as the general Law of Nations which is and ought to be Law in all Kingdomes and the Law-Merchant is also a branch os that Law and likewise the Imperial and Roman Law have been ever admitted had received by the Kings and people of England in Causes concerning Merchants and Merchandizes and so are become the Laws of the Land in these Cases why should not this question of Impositions be examined and decided by the Rules of those Laws so far forth as the same doth concern Merchants and Merchandizes as well as by the Rules of our Customary or Common Law of England especially because the Rules of those other Laws are well known to the other Nations with whom we have commerce whereas the Rules of our own Municipal Laws are only known within our Islands What this worthy Authour here speaks of the Civil Law in England as to this point of Impositions by the King on Merchandizes is applicable in any case of Navigation Naval Negotiation or other affairs properly relating to Merchants or Mariners within the sphere of the Admiralty of England And the same Learned Authour in another place When the City of Rome was Gentium Domina Civitas illa magna quae regnabat super Reges terrae The Roman Civil Law being communicated unto all the Subjects of that Empire became the Common Law as it were of the greatest part of the inhabited world c. And again in the same place All Marine and Sea-Causes which do arise for the most part concerning Merchants and Merchandizes crossing the Seas our Kings have ever used the Roman Civil Law for the deciding and determining thereof Thus far goes the said worthy Authour in this point It is most true the Civil Law in England is not the Law of the Land but the Law of the Sea Great Brittain and the Dominions thereof comprizing the adjacent Seas as well as the Land The Law by which the high Admiralty of England proceeds being in all Causes cognizable in that Jurisdiction allowed owned and received by Prince and People Soveraign and Subject seems to be a Law of England though not the Law of England not the Land-Law but the Sea-Law of England For as in matters Terrene and in Land-affairs it is proper to say infra Corpus Comitatus so in matters Maritime and Sea-affairs it is no less proper to say Sur le hout mere The Jurisdiction of the Admiralty of England is one of the Jurisdictions of England which ever implyes a Law to proceed by that cannot be but of that Place whereof the Jurisdiction it self is It neither may nor ought to be denyed but that for the taking Recognizances against the Laws of the Realm Prohibitions have been granted yet possibly it may not thence by a necessary concludency follow that the high Court of Admiralty in taking Stipulations for Judicial appearance or performance of the Acts and Orders of the Court vel judicio sisti vel judicatum solvi and this according to that Law whereby it is to proceed is involved under such a guilt of transgression against the Laws of the Realm as eo nomine to incur a Prohibition which if grantable upon every such Recognizance or Stipulation for Appearance and performance of the Acts and Judgements of the Court without which it cannot proceed according to Law there could then be no Suit or Action depending in the high Admiralty of England be it for Place Nature or Quality in it self never so Maritime and of undoubted Admiral Cognizance but must be subject and lyable to a Prohibition and consequently to a removal from its proper Jurisdiction ad aliud examen to the great grievance of Merchants and Mariners and others the good people of these His Majesties Dominions by reason of the multiplicity of Suits protelation of Justice excess of Judicial expences together with the uncertainty of Jurisdictions and all as the unavoydable consequences of such Prohibitions CHAP. XI Of Charter parties made on the Land and other things done beneath the first Bridge next to the Sea vel infra fluxum refluxum Maris and how far these may be said to be Cognizable in the Admiralty TOuching this Subject it hath been asserted That if a Charter-party be made within any City Port-Town or County of this Realm although it be to be performed upon or beyond the Seas yet is the same to be tryed and determined in the ordinary course of the Common Law and not in the Court of Admiralty This is exclusive as to the Admiralty in matters of Charter-parties made upon the Land But yet it is agreed and resolved Hill 8. Car. upon the Cases of Admiral Jurisdiction That though the Charter-party happen to be made within the Realm so as the penalty be not demanded A Prohibition is not to be granted Were it otherwise or that the Jurisdiction of the Admiralty might not take Cognizance of such Maritime Contracts though made on Land then by thereunto adding what was formerly observed out of the same place viz. That the Court of Admiralty hath not any Jurisdiction of any Contracts made beyond Sea for doing of any act within this Realm or otherwise wherein the Common Law can administer Justice It would follow that if according to the one of these Assertions such Maritime Contracts when made upon the Land though to be performed upon or beâ—ond the Seas may not be tryed or determined in the Court of Admiralty and when according to the other of these Assertions made beyond the Sea for doing of any act within this Realm c. the Court of Admiralty hath not any Juriidiction thereof In such caâ—e it must necessarily follow that the Jurisdiction of the Admiralty
the Bill to be within the Ward of Saint Mary Hill And a Prohibition was granted upon a Suggestion that it was good for the ordering of Ships A Consultation was granted hut afterwards upon good advice and opening the matter a Supersedeas to the Consultation wâ—s granted quod Prohibitio stet for the wrong and fact is said to be within a County and Ward and for that it does not belong to the Admiral for all Civil Contracts or Trespasses done upon the River of Thames or any other River that is proper to the Common Law are tryable in that County which is next to the Bank and that side of the River where the Fact was done but in Criminal matters upon any River that is given to the Admiral by the Statute of 28 H. 8. cap. 15. Thus it is reported But the Resolution aforesaid is That in cases arising upon the Thames the Admiralty hath Jurisdiction specially in the point mentioned in the Statute of 15 R. 2. And no Prohibition to be granted CHAP. XII Of the Jurisdiction of the high Admiralty of England Stat. 13 R. 2. cap. 5. Stat. 15 R. 2. cap. 3. Stat. 2. H. 4. cap. 11. Stat. 27 Eliz. cap. 11. THE Exposition Explanation and Interpretation of the Statute-Laws being a right properly inherent in the Supreme Authority that enacted them and in the Reverend Judges the Lex Loquens or voice of them there remains no more to the good people of his Majesties Dominions then to yield all obedience to them and thereby claim their birth-right in them In order whereto it is every mans prudence as much as in him lyes to clarifie his Intellect yet with such sobriety that as Ignorance may be no Obex to his Obedience on the one hand so also that super-curiosity may not quite dazle his Intellect on the other It is not ignorantia juris but facti that can excuse any And though in a sense it may properly be said of Humane as of Sacred Laws That they are not of any private interpretation whose Oracles alone are intrusted with the exposition thereof yet it is every mans duty to know the Rule of his Duty And he that will understand that he may obey aright must have a right understanding of what he is to obey Upon theâ—e Considerations it is most clear That it well becomes all such who may be concerned in the subject matter of this Treatise to have right-informed apprehensions not to make private Interpretations of the true intent and meaning of the said Statutes in order to a clearer prospect of the Admirall Jurisdiction It is enacted by the Statute of 13 R. 2. cap. 5. That the Admirals and their Deputies shall not meddle from henceforth of any thing done within the Realm but only of a thing done upon the Sea as it hath been used in the time of the Noble Prince King Edward Grand-father of King R. 2. Whence it hath been inferred that the Jurisdiction of the Admiralty is confined only to things done upon the Sea The said Statute says That the Admirals shall not meddle with any thing done within the Realm but only with things done upon the Sea as it hath been used in the time of King Edward Grand-father of R. 2. that is in the time of Edward the Third to the usage in whose days the said words seem to have reference as Limitative with a Referendo And admitting the word duly if not by the Letter of the Statute yet by construction of Law it may seem almost as equally difficult exactly to know what was the usage as what was the due usage or what was in this point duly used in the days of Edward the Third only with this difference that an usage being matter of Fact there may be Rei evidentia in that case to prove it self whereas to know what was duly used may be matter of Law and capable of diversities of opinion consonant to various perswasions And yet until it be known what was in this matter the due usage in the time of Edward the Third it seems not indubitably obvious to every running Intellect to conceive what may be the full scope and true intent or meaning That the Admirals shall not meddle c. but only with things done upon the Sea as it hath been used in the time of King Edward Grand-father of King Richard the Second For the clearer apprehension wherof it may not be impertinent under submission to better Judgements and without presuming on any thing quod est supra nos as formerly hinted to inquire a little what was used or duly used in this point of Admiral Jurisdiction in the days of the said Edward the Third Grand-father to King Richard the Second To this purpose the Learned Mr. Selden in his impregnable Treatise of the Dominion and Soveraignty of the Brittish Seas le ts us to understand That it appears by Ancient and Publick Records containing divers main points touching which the Judges were to be consulted with for the good of the Kingdome in the time of King Edward the Third That Consultation was had for the more convenient guarding of the Sea For the whole Bench of Judges were then advised with To the end so runs the Record That the Form of Proceedings heretofore ordained and bâ—gun by Edward the First Grand-father to our Lord the King and by his Councel at the prosecution of his subjects may be resumed and continued ofâ—ngland â—ngland and the Authority of the Office of Admiralty in the same as to the Correcting Expounding Declaring and Conserving the Laws and Statutes long since made by his Predecessors Kings of England for the maintaining Justice among all people of what Nation soever passing through the Sea of England And to take Cognizance of all attempts to the contrary in the same and to punish offenders and award satisfaction to such as suffer wrong and damage which Laws and Statutes were by the Lord Richard heretofore King of England at his return from the Holy Land interpreted declared and published in the Isle of Oleron and named in French Le Ley Olyroun That which Mr. Selden takes special notice of and commends to our chiefest Observation is what we find in these Records touching the Original of the Naval Laws published at the Isle of Oleron The said Statute of 13 R. 2. makes mention of the usage in the time of King Edward Grand-father of R. 2. who was Edward the Third in whose Reign according to this Record not only the Form of Proceedings ordained by King Ed. 1. and his Councel were to be resumed and continued for the retaining and conserving the Authority of the Office of Admiralty as to the Correcting Expounding Declaring and Conserving the Laws and Statutes made long before by the Predecessors of the said King Edward the First for the maintaining of Peace and Justice among the people of what Nation soever and to take Cognizance of all attempts to the contrary to punish offenders
then the said Lord is bound to take his share at the place where such Fish was found XXXIX Also the said Lord ought to submit to the foresaid Costs and Charges for that he ought not by anothers damage to inrich himself otherwise he sins XL. If by some chance or misfortune the said Fish happen to be lost or otherwise stoln away from the place where it was first found and this about the time of the said Lords going to see it or before in this Case he that first found it is not any way obliged to make it good XLI In all other things found by the Sea-side which have formerly been in the possession of some or other as Wines Oyls and other Merchandize although they have been cast over board and left by the Merchants and so ought to appertain to him that first finds the same yet herein also the Custome of the Country is to be observed as formerly in the Case of Fish But in case there be a presumption that these were the Goods of some Ship that perished then neither the said Lord nor Finder thereof ought to take any thing thereof so as to convert it to their own use but they ought to doe thâ—rewith as before hath been said that is to cause therewith that Prayers be made for the deceased as also other special good works Or otherwise they shall incur the forementioned Maledictions XLII If any Ship or other Vessel at Sea happen to find a Fish it is wholly theirs that found it in case no due pursuit be made after it And no Lord of any place ought either to challenge it or demand any part thereof although they bring it to his ground XLIII If any seek for Gold or Silver on the Sea-shore and findeth some he ought to restore it all without any diminution thereof XLIV If any going along the Sea-shore to fish or otherwise happen to find Gold or Silver or the like he is bound to make restitution thereof deducting for his own pains Otherwise if he be poor he may retain it to himself that is if he know not to whom to restore it yet he ought to give notice of such his sinding the same to the neighbourhood and parts next adjacent to the place where he found it Moreover he ought to advise with his Prelate Curate or Confessor who ought to weigh and take into Consideration the indigency and poverty of the Finder and the quantity of the Silver and then to give him such advice as is consonant to a good Conscience XLV If a Vessel by stress of weather be constrained to cut her Towes and Cables by the end and so to quit and leave behind her both Cables and Anchors and make to Sea as please the wind and weather in this Case the said Cables and Anchors ought not to be as lost to the said Vessel if there were any Boy at them And such as fish for them are bound to restore them if they know to whom but withal they ought to be paid for their pains according as Justice shall determine But because sometimes they know not to whom to restore them the Lords of the place have their shares and the Finders theirs and they neither cause Pater Noster to be said nor Avie Maria as they ought And therefore it hath been ordained That every Master of a Ship cause to be ingraven or set upon the Boyes thereof his own name or the name of his Ship or of the Port or Haven whereof she is which will prevent great inconveniencies for it sometimes happens that he that left his Anchor in the morning hath recovered it again by night And such as detain it from him are no better then Thieves and Pirates XLVI If any Ship or other Vessel by any Casualty or misfortune happen to be wreck'd and perish in that case the pieces of the bulk of the Vessel as well as the Lading thereof ought to be reserved and kept in safety for them to whom it belonged before such disaster happened notwithstanding any Custome to the contrary And all takers partakers abettors consenters or contrivers in the said wreck if they be Bishops Prelates or Clerks they ought to be deposed and deprived of their Benefices respectively And if they be Lay-men they are to incur the penalties aforesaid XLVII Which is to be so understood when the said Ship or Vessel so wreck'd did not exercise the Thievish mystery of Robbing and Free booting and when the Mariners thereof are not Pirates Sea-Rovers or Enemies to our holy Catholick Faith But in case they be Pirates Robbers Sea-Rovers Turks or other Enemies to our said Catholick Faith every man may then deal with such as with meer Brutes and despoil them of their goods without any punishment for so doing A SERIES or Catalogue according to Sir Spelman's Computation of such as have been Dignified with the Office of Lord High Admiral in this Kingdome since King John's time to to the Reign of King Charles the First of Blessed Memory Wherein No mention is made of Marthusius that Princeps Nautarum in K. Edgars time Nor of those other Tetrarchs of his Navy who for the guard of the â—rittish Seas had no less then a thousand Sail of Ships under their Command Nor of those other Commanders in Chief touching the Sea-Affairs who have been beside the common and usual mode Constituted by his Successors Kings of England But of such only as in the Ordinary way have been Dignified with the said Office and Marine Authority in this Kingdome viz. 8 H. 3. RIchard de Lucy is said to have Maritimam Angliae 48 H. 3. Thomas de Moleton was Constituted Capitaneus Custos maris Portuum Maritimorum 25 Ed. 1. William de Leiburne is styled at the Assembly at Bruges 8 Martii 15 Ed. 1. 1286. Admirallus maris Angliae 22 Ed. 1. John de Botetort Admiral of the North for the Coast of Yarmouth and that station William de Leibourn Admiral of the South for Porâ—â—â—outh and that station A certain Irish Knight Admiral of the West and the parts thereof Admirals of the North viz. Admirals of the West viz.  From the mouth of the River of Thames North-ward From the mouth of the River of Thames West-ward  34 Ed. 1. Edward Charles Gervase Allard  8 Ed. 2. John Botetort William Cranis   10 Ed. 2. Nichalds Cryoll  10 Ed. 2. John Perbrun alià s Perburn Robert Leiburn Knight   12 Ed. 2. John Athey  15 Ed. 2. John Perburn Robert de Leiburn Knight Admiral of the Western Ports of England Wales and Ireland  16 Ed. 2. John Perburn Robert Battail alià s Batall one of the Barons of the Cinque-Ports  18 Ed. 2. John Sturmy Robert Bendon  19 Ed. 2. John Otervin Nicholas Keriel Walsingh calls these the three Admirals of the three Coasts of England viz. of Yarmouth
Portsmouth and the West And here note That the South Coast is comprehended in the West  John de Felton  19 Ed. 2. John de Stormy Nicholas Criell  20 Ed. 2. John Sturmy Nicholas Criell  20 Ed. 2. John Layborne   1 Ed. 3. John Perbrun Wares de Valoniis  7 Ed. 3. William de Clinton   8 Ed. 3. John de Norwico Roger de Hegham alià s Higham  10 Ed. 3. Thomas Ughtred   10 Ed. 3. John de Norwico Walter de Say Baronet  10 Ed. 3. Robert Ufford William de Manton  John de Roos Admiralli Flotae  11 Ed. 3. Walter de Manney Barthol de Burghershe K t.  12 Ed. 3. Thomas de Draiton This Thomas elsewhere appears not as Admiral but only as Vice-Admiral to Walter de Manney So possibly in some others there may be some Errors also Peter Dardus alià s Bard.  13 Ed. 3. Roâ—ert Morley Robert Trussell Bar. de Hengham   14 Ed. 3. Richaard Fil. Alani Com. Arundeliae   15 Ed. 3. Robert de Morley William Clinton Com. Huntingd  16 Ed. 3. William Trussel Robert Beaupell  17 Ed. 3. William Trussell John de Monte Gomerico  18 Ed. 3. Robert Uffer Com. Suffolk Reignald de Cobham  19 Ed. 3. Richard Fil. Alani Com. Arundeliae   20 Ed. 3. Robert de Ufford Comes Suff. Richard Fil. Alani Com. Arundeliae  21 Ed. 3. John de Howard Knight John de Monte Gomerico Knight  22 Ed. 3. Walter de Manny Bar. S. Salvato Reignald de Cobham Knight  24 Ed. 3. Robert de Causton John de Bello Campo Knight of the Noble Order of the Garter  25 Ed. 3. Robert de Morley   25 Ed. 3. William de Bohun Com. Northampt. Henry D. of Lancaster  26 Ed. 3. William de Bohun Com. Northampt. Tho. de Bello Campo Senior Com. Warwicen  29 Ed. 3. Rob. de Morley Bar. de Hengham John de Bello Campo Brother to the said Thomas  30 Ed. 3. Robert de Morley Guido de Brian Knight  31 Ed. 3. Guide de Brian   33 34 Ed. 3. Robert de Morley Guido de Brian  34 Ed. 3. John de Bello Campo aforesaid was Constituted High Admiral as well of the North as of the West of England 18 Julii 34 Ed. 3. At which time he was also Lord Warden of the Cinque-Ports Constable of the Tower of London and of the Castle of Dover And dyed Decemb. 2. the same year in possession thereof  35 Ed. 3. Robert Herle Knight Admirallus omnium Flotarum utriusque partis  38 Ed. 3. Ralph Spigornell Admirallus utriusque partis  43 Ed. 3. Nicholas Tamworth Knight Robert Aston Knight  44 Ed. 3. John Nevill Kt. Bar. de Raby Guido Brian  45 Ed. 3. Ralph de Ferrariis Robert Aston Knight  46 47 48 Ed. 3. W. de Nevill Phillip Courtney  50 Ed. 3. William de Ufford William de Monteacuto Com. Suff.  50 51 Ed. 3. Mich. de la Poole Knight Dn. de Wingfield Brother of Rob. de Hales Prior of the Hospitall of S. Jo. of Hierusalem  1 R. 2. Thomas de Bello Campo Jun. Com. War Richard Fil. Alani Com. Arundel  2 R. 2. Thomas Percy Frat. Com. Northumb. Hugh Calveley Knight  3 4 R. 2. William de Elmham Knight Phillip Courtney Knight  5 R. 2. William de Elmham John Roches Knight  6 R. 2. Walter Fil. Walt. Knight Dn. de Woodham John Roches alià s de Rupibus Knight  7 R. 2. Henry Percey Com. Northumb. Edward Courtney Com. Devon  8 R. 2. Tho. Percey Frat. Hen. Com. Northumb. Jo. Radington Prior of Saint John of Hierusalem  9 R. 2. Phillip Darcy K t. Thomas Trivet Knight  10 R. 2. Richard Fil. Alani Com. Arundel Admirallus Angliae  12 R. 2. Jo. de Bello monte Bar. de Folkingham Jo. Holland Com. Huntington  12 R. 2. Jo. de Rupibus Kt.   13 R. 2. Jo. de Bello monte praedict Jo. Holland Com. praedict  14 R. 2. Edward Com. Rutland Jo. Holland Com. praedict  15 R. 2. Edward Com. Rutland Corâ—â—giae afterwards D. of Albemarle Constituted high Admiral as well of North as Western parts  21 R. 2. John Beaufort Marq. Dorset Com. Somerset Fil. Jo. de Gandavo D. of Lancaster Admiral 〈◊〉 North and West  â—â— R. 2. Thomas Percey Com. Winchester Frat. Hen. Com. Northumb. he was then Constituted Admiral of both parts  2 H. 4. Rich. Gray Bar. de Codenore Thomas Reniston Knight  5 H. 4. Tho. Beaufort Frat. praed Marq. Dors Tho. Dom. Berkley Knight  7 H. 4. Nicholas Blackburn Esquire Richard Cliderhow Esquire  Admirals of England c. 6 H. 4. Tho. Lancastrius Reg. H. 4. Fil. Vice-Roy of Ireland high Steward of England afterward D. of Clarence Admirallus utriusque partis 8 H. 4. John Beauford praedict Com. Somerset Admirallus Angliae 8 H. 4. Edmund Holland Earl of Kent Admirallus Angliae 9 H. 4. Thomas Beuford praed Adm. Angliae 4 H. 6. John Lancastrius D. of Bedford E. of Richmond and Candale high Constable of Engl. Fil. Reg. H. 4. Admirallus Angliae 14 H. 6. Joh. Holland D. of Exon. E. of Huntington Constituted together with his son Admirals of England Ireland and Aquitain for life 25 H. 6. Will. de la Poole Mar. E. of Suffolk made Admiral of England Ireland and Aquitain during the minority of Hen. D. of Exon who with his Father had that Office by the Kings â—rant ad terminum vitae eorum c. 28 H. 6. Hen. Holland D. of Exon. Adm. Angliae Hiberniae Aquitaniae 1 Ed. 4. Rich. Nevil Comes Warwic Sarisb Admirall of England Ireland Aquit 2 Ed. 4. Will. Nevil E. of Kent Bar. Falconberg Adm. of Engl. Ireland Aquit Ed. 4. Richard D. of Gloucester Brother to the King Adm. of Engl. Irel. Aquit 49 H. 6. Rich. Nevil E. of Warwic Sarisb Capt. of the Town and Castle of Calice Constable of the Castle of Dover Custos 5. Portuum Adm. ut supra 11 Ed. Richard D. of Gloucester praedict Constituted Admiral ut supra 1 R. 3. John Howard D. of Norfolk Adm. of Engl. Ireland Aquit 1 H. 7. Jo. de Veer E. of Oxford high Chamberlain of England c. Adm. ut supra 4 H. 8. Edw. Howard Knight Fil. Tho. E. of Sur. afterwards D. of Norf. Adm. ut supra 5 H. 8. Tho. Howard eld brother of the said Edw. E. of Sur. afterwards D. of Norf. Adm. ut supra 17 H. 8. Henr. Fil. Nothus Reg. H. 8. D. of Richm. Somers E. of Nottingh Adm. ut supra 28 H. 8. Will. Fitz William E. of Southampt Adm. ut supra 32 H. 8. John Russel Knight Dom. Russel Admirall ut supra 34 H. 8. John Dudley Knight Vicecom Insulae Bar. de Malpas
where scituate the strange Tree that grows on that Island 36 Fraight how to be apportioned when the Voyage is imperfect 166 France when first an Admiral there 20 21 G. GEnuises famous for their Maritime Laws 13 Gold Silver Precious Stones and the like found in on or nigh the Sea in what cases may be kept by the Finder and in what cases not 190 192 194 Goods found that belonged to shipping how they were to be disposed of in Ancient times 192 193 Goods cast over board to lighten the ship no Derclict 188 189 Graecians by whom they were first Civilized 10 11 H. HAnnibal high Admiral of the Carthaginians 12 Hanno Hamilco famous for their Naval discoveries ibid. Hercules Pillars why the Motto of Non ultra engraven thereon 9 I. IEnnings Case against Audley 116 Imperium what the several degrees thereof in the Law 57 to 65 Impleaders of Marine Causes in a wrong Jurisdiction punishable by the Admiralty 31 32 Interdictum at the Civil Law how it differs from Prohibitio at the Common Law 71 Joh. Rex his Ordinance made at Hastings touching the Soveraignty of the Kings of England in the Brittish Seas 30 Ionean Sea where and why so called 11 Jurisdiction the Etymon of the word with the several kinds and degrees thereof in Law 56 to 69 Jurisdiction of the Admiralty of England the great Antiquity thereof 22 to 36 Jus Gentium the Original thereof 53 Jus Humanum Civile what and how introduced 54 Just the divers acceptations of that word in Law as in reference to Fictions 83 L. LAding or ships Lading in part disposed to supply the ships occasions the Law in that casâ— pag. 179 180 Law the true definition thereof 51 The Law of Nature of Nations The Civil Law The Law Sacerdotal and Canon 52 to 55 Law of the Sea or Law Admiral the great Antiquity thereof Laws Imperial their use and exeellency above other Laws in most Kingdomes 51 52 Laws of the Heathens fathered on their Heathenish Idols 53 Leigh's Case against Burley 135 Lycurgus Legislator to the Lacedemonians 53 Lye the lye given to or by either the Skipper or Mariners the ancient penalty in that case 173 M. MAhomet Law-giver to the Arabians 53 Manumission what and how it differs from Emancipation 65 Marcelleis famous for Marine Constitutions 13 Mariner's Case against Jones 133 Mariners their duty in case of disaster to the Vessel 102 Not to desert the ship till the Voyage be ended 165 Not to go out of the ship without the Skippers leave 167 In what case they may 178 If hurt or wounded in what case not to be healed at the ships charge 167 168 Messine where scituate the people thereof famous for their Sea-Laws 13 Minos he gave Laws to the Cretians 53 Minotauri Fabula why so called 8 Murderers of ship-broken men their strange and cruel punishment 185 N. NAmes of ships and Skippers to be engraven on the Buoyes of the Anchors 195 Navigation the Antiquity thereof to whom Originally ascribed 7 to 12 Nearchus Admiral to Alex. the Great 15 Neptune why feigned to be God of the Sea 14 Niceas Another Admiral to the Athenians 15 Noah how long since he arrived at Ararat 7 North-Starre its use in Navigation by whom first invented 10 Numa Law-giver to the Romans 53 O. OLeron where scituate most famous for their Sea-Laws and Maritime Constitutions when and by whom first published pag. 13 14 Onesicratus Admiral to the Assyrians 15 P. PAtroclus Admiral to the Syrians 15 Palmer's Case against Pope 94 111 135 Partnership in a Fishing design the Law in that case 182 Paeni or Carthaginians originally Phoeni or Phoenicians 12 Phoenicia where scituate the People thereof supposed to be the first Mariners Merchants and Astronomers As also the first Inventors of Arithmetick and the Art of Navigation 10 11 Pilots the punishment of an unskilful Pilot in case of Damage thereby 180 The punishment of treacherous Pilots 186 187 The strange punishment of their Abettors 188 Pirates their punishment 122 196 Who supposed to be the first that purged the Seas of such Vermin 8 Pisa the Inhabitants thereof famous for their Maritime Laws 13 Poles who first descryed the two Poles 11 Pericles another Admiral of the Athenians 15 Pontus the reason why the Sea is so called 9 Port and Port-Town how they differ 112 113 Prohibition what the Original thereof with its several kinds causes and effects in Law 72 to 81 Properties created at Sea Super altum mare whether cognizable in the Admiralty 31 R. REd Sea who there first Invented ships and sailed thereon and why called Erithraeum mare 12 Relegatio what how it differs from Deportatio 58 59 Reâ—â—er Crimbald the French Admiral his 〈◊〉 and illegal attempts on the Brittish Seas in derogation of the Soveraignty of England 28 29 Rhodes where scituate their precedency to all other Nations in Marine Constitutions 9 Rhodian Law generally referred to by the Emperours in decision of Maritime Controversies 10 19 20 Richard the First the first that published the Sea-Laws of Oleron and when 14 Ridley's opinion touching Prohibitions 78 79 Roman Admirals 18 19 S. SAles of ship or Lading or any part of either made by Skippers or Mariners without special Procuration in what cases good or not good in Law 164 165 179 180 Salvage how to be paid and satisfied 166 183 Sarazen Admirals 16 17 Seleucidae over the Syrian Monarchy why so called 13 Ship forced from her Cables and Anchors the Law in that case 194 195 Not to stay for a sick Mariner 168 When broken the Mariners not to be hindred from saving the goods 182 183 In King Edgar's time 400 Sail for the Guard of the Brittish Seas 27 Sick Mariners how to be provided for 168 And what wages such may challenge 169 Skipper's duty before he leaves a Port. 164 How to finish his Voyage in case of some disaster to his own ship 166 Slings for hoysing of goods 171 172 If damage happen thereby who must make it good 181 Solon Legislator to the Athenians 53 Soveraignty of the Brittish Seas publickly acknowledged by the Agents and Procurators of no less then ten Neighbour-Nations Kingdomes and States at once to be de jure in the Monarch of Great Brittain 28 Striking a ship-board whether by the Skipper or Mariners the Law in that case 173 Statutes 13 R. 2. cap. 5. 15 R. 2. cap. 3. 2 H. 4. cap. 11. 27 El. cap. 11. touching the Jurisdiction of the Admialty 141 to 154 Super altum mare properly within the Jurisdiction of the Admiralty 91 to 98 Supplicatio what it imports in Law 63 Surmizes Suppositions or Suggestions of places beyond Sea to be locally as within the body of some County within the Realm Variety of Opinions touching the same in the Common Law-Books 80 Susans Case against Turner 91 115 130 Sydonians famous and able Mariners 11 16 T. TAckle ship-tackle pawned pledged or hypothecated for the ships