Right and Prerogative due to the Crown in that they have seized and converted to their own use Goods and Chattels of infinite value taken at Sea and other Goods and Chattels which in no sort appertain unto his Lordship by his Letters Patents wherein the said Non obstante is contained and for which he and his Officers remain accountable to his Majesty And they now wanting in this time of peace causes appertaining to their natural jurisdiction do now encroach upon the jurisdiction of the common Law lest they should sit idle and reap no profit They added further That touching their proceedings in granting of Prohibitions concerning any of the said Articles two things were to be considered of first the matter then the manner touching the matter nothing hath bin done therein by the Court of Westminster but by good Warrant of Law and former judicial Precedents And for the manner they granted none in the Vacation time nor in their Terme time in any of their Chambers nor in the Court in the Terme-time ex officio but upon motion made in open Court by learned Councel and after a day prefixed and warning given to the adverse party c. Hereupon they proceeded to prove and confirm their answers by three kind of Authorities in Law First By Authority of High Court of Parliament Secondly By Judgement and judicial Precedents Thirdly By Book-Cases Concerning the Acts of Parliament they urged the Statute of Richard the second viz. That the Admiralls and their Deputies shall not meddle from henceforth with any thing done within the Realm of England but only with things done upon the Sea according to that which hath been duly used in the time of the Noble King Edward Grandfather to Richard the second Concerning the second proof by Judgements and Iudicial Precedents and the third by Book-Cases they alledged divers Cases which are to be seen in that great light and laborious Champion of the Common Law of England the Lord Coke in the third part of his Institutes But the Result of all which the Iudges of the Common Law driv ' at was that the Court of Admiralty was to take no Cognizance nor had power to determine any thing that had happened and should give occasion of Plea upon any Waters either fresh or salt that were within the Precincts of any County but it was tryable by the Common Law of England and by the Empanelment and Verdict of twelve men which is not the way of Tryal of the Civil Law by which the Admiralty is directed By this notable clash and contestation 'twixt the Iudges of Westminster-Hall and the Lord Admiral the Reader may learn what the extent of the Authority of that Court is and that the jurisdiction of the Admiral is confined to the high Sea In times past there were distinct Admirals in point of power as we read in Richard the seconds Raign the Earl of Northumberland was Admiral of the North and the Earl of Devonshire Admiral of the West who were to receive the Subsidy of Poundage and Tonnage for the garding of the Seas Among other Prerogatives which belonged to the Lord Admiral of England one was to erect Beacons upon the Maritim Coasts which word is derived from the old Saxon or Dutch Becnam which signifieth to give a signe as we use the word to becken at to this day Before the Reign of Edward the 3d there were but stakes of Wood set upon high places which were fired upon the discovery of any enemies but in his time pitched Barrels were set up and by the Law of the Land whosoever fired a Beacon commits Felony unless there were Authority and just cause for it In other Countries they are called Phares which are no other then speculatory or maritime monitory fires which serve for two ends as well to direct Seafaring men as to fore-warn the approach of an Enemy which with such wonderful celerity give the whole Land an Alarum and so puts them in a posture of defence But there are three main matters whereof the Lord Admiral is to take Cognizance which are Flotsan Ietsan and Lagan whereof the first is when a Ship is sunk and perished and the Goods floating upon the waters The second is Ietsan when in stresse of weather or other occasions the Goods are thrown over-board The third is when Goods are tyed to a Cork or Cable and may be found again But the Court of Admiralty hath not to do with Wrecks for then the Goods are deposited in the custody of the Officers of the next Town where if the Proprietor come within a twelve moneth and a day he may claim them by Law Henry the sixth did constitute by Charter Iohn Holland Duke of Exceter and Henry his Son to be Admirallos Angliae But the Iudges of the Common Law held that Charter to be invalid and the Reason they alledged was that that Charter being of a Iudicial Office it could not be granted to two When the former contestation happened 'twixt the Court of Admiralty and Westminster-Hall they were choyse powerful men at that time who swayed as Grandees of the Common Law as Sir Edward Coke the Lord Bacon Iudge Doddridge and Hubbard which made them carry the Bucklers from the Civilians at that time But there were some learned Treatises published afterward to vindicate the Right of the Civil Law which without controversie hath more in it of natural equity and reaches of pure Reason then any other It is the Product of that mighty Monarchy of the Romans who though they conquered by the Lance yet they conâ—erâ—ed by their Lawes so many vast distant Territories and Nations which they had subdued leading so many people Captive by their policy as much as by their Prowesse And indeed the Civil Law is fitted for the general Affaires of mankind and for all Nations For though every particular state hath some few municipal Lawes peculiar to it self yet no where beyond the Seas is there any profession or Science of Law but of the Civil nor are there any other studied in Vniversities Only in England there are Inns of Court which are equivalent to an Academy where lex Terrae or the common municipal Law of the Land is studied and Graduates proceed and are made therein accordingly which is no where else But the Civil Law extends to all man-kind And if regard be had to the University of humane Reason it is no where â—o narrowly discussed and eventilated and the judgement rectified by clear notions Moreover there is nothing of what nature soever it be but the Civil Law hath ordained a means to bring it to a Tryal either by giving a speciall action in the case or a general one releeving by ordinary remedies or if those fail by such as are extraordinary helping the Clyent Iure actionis or Officio Iudicis Yet there was one notable Example of one business that not only caused a clash 'twixt the Civilian and Common Lawyer but puzzel'd them both so that
upon the Banks of the Thames were all Episcopal Palaces except the Savoy and Suffolk-house The first for greatness was Excester House now called Essex whereof the chiefest Founder was Edward Stapleton Bishop of that See who was beheaded by the Londoners in Cheap-side and his Body was then brought and buried in a heap of Sand or rubbish in his own House near Temple-barre in the Raign of Edward the second Bishop Edmond Lâ—ey built the great Hall in the Raign of Henry the sixth The same was since called Paget-House being enlarged by William Lord Paget Then was it called Leicester-House of Robert Dudley who was the great Favorite to Queen Elizabeth and then it came to be called Essex-house from Robert Earl of Essex who was also a Favorite of Queen Elizabeth and beheaded in the Tower Opposite to this House standeth the Parish-Church of Saint Clement Danes so called because Harold a Danish King with other of that Nation were buried there Then was the Bishop of Baths Inne or City-House builded by the Lord Thomas Seamer Admiral of England which House came afterwards to be possessed by the Earl of Arundel so it beares the name of Arundel-house neer there adjoyning there was once a Parish-Church called the Nativity of our Lady or the Innocents of the Strand with a fair Coemitery or Church-yard wherein there was a Brother-hood kept called Saint Vrsula of the Strand Near adjoyning to the said Church betwixt it and the Thames there was an Inne of Chancery called Chesters Inne because it belonged to the Bishop of Chester and sometimes 't was called Strand Inne Then was there a House belonging to the Bishop of Landaff which one of those Bishops purchased of the Duke of Lancaster Then was there the Bishop of Chesters Inne or Palace which was first built by Walter Langhton Treasurer of England in the Reign of Edward the first And not far from that was the Bishop of Worcesters Inne or Palace All which viz. The Parish Church called Saint Mary of the Strand Strand Inne with the Bishop of Chester and Bishop of Worcesters Houses with all the Tenements adjoyning were by commandement of Edward Duke of Somerset Uncle to Edward the sixth Lord Protector pull'd down and laid level to the ground Anno 1549. In place whereof he erected that large and goodly House call'd now Somerset House which rose out of the ruines of the Church Therefore the Roman Catholiques observed that an apparent judgement from Heaven fell upon him afterwards being beheaded a little after and he and his Counsel were so infatuated that he forgot to call for his Clergy which he might have claimed by the Law and so sav'd his life Then is there Bedford House which was sometimes the Bishop of Carliles Inne It stretched from the Savoy to Ivie Bridge where Sir Robert Cecill Earl of Salisbury raysed a large and stately House of Brick and Timber Worcester House lies sideling of it and there being a great VValnut tree there growing which much hindred the prospect of Salisbury House Eastward the Earl bargained with one of the Lord Edward of VVorcesters servants that if he could get leave of his Lord to cut down that Tree he would give him 100 li the servanc told his Lord of it who bad him fell down the Tree and take the money but the old Earl there being no good correspondence 'twixt Salisbury and him caused presently a new Brick building to be there erected where the Tree stood We come now to Durham House built by Thomas Hatfield Bishop of that See a very capacious Edifice on the North side whereof stood a row of thatch'd Stables which the Earl of Salisbury purchased and pull'd down and erected in place thereof the New Exchange or Britains Burse which was built with wonderful celerity for the first Stone thereof was â—ayed on the tenth of Iune 1608 and it was fully finished the November next following The Earl did then invite King Iames with the Queen to see his new House where after a rich banquet the King named the place Britains Burse Next beyond Durham House and this new building is another great Palace belonging of old to the Bishop of Norwich but afterwards it came to the Archbishop of Yorke by this occasion When Cardinal Woolsey Arch Bishop of Yorke was Indicted in a premunire whereby the King was entitled to all his Goods and Possessions he among other things seazed upon the said Cardinals House where he then dwelled commonly called York Place and changed the name thereof to White-Hall The Arch-bishops of York having then no House in London or Westminster Queen Mary gave unto Nicholas Heath then Arch-bishop of Yorke Suffolke House in Southwark lately built by Charles Brandon which House the said Arch-bishop sold and in lieu thereof he purchased the Bishop of Norwich's House which ever since hath been called Yorke House though it came afterwards to the possession of the Duke of Buckingham George Villers who added much to the old Edifice and would have had it called Buckingham House which name is engraven upon the watergate in great Letters There was of old an Hospitall of St. Mary Rouncival an order which came from Navarre in Spain by Charing-Crosse where a Fraternity was founded in the fifteenth of Edward the fourth which was afterwards suppressed and turned to Tenements Near unto this Hospital was an Hermitage with a Chappel of St. Katherine over against Charing-Crosse which Crosse was erected by Edward the first to the honor of his Queen as is spoken else-where Eleanor and it was a goodly Monument which was utterly destroyed by the fury of the long Parlâ—ament West of this Crosse stood sometimes another Hospital called St. Iames consisting of two Hides of Land in the Parish of St. Margaret in VVestminster and 〈…〉 by the Citizens of London for 14 Sister-Maidens that were Lepâ—ous then were there added eight Brethren to minister Divine Service there Afterwards there was a great addition of Land made to this Hospital and Edward the first granted a Fair to be kept there every year This Hospital being surrendred to Henry 8. the Sisters were allowed Pensions during their 〈◊〉 and the King erected there a Mannor House with a Park annexed-encompassed about with a Brick Wall But before we advance further Northward towards Westminster we must make a slep backward to Saint Martins Church and Lane where on the West side there are many gentile fair Houses in a row built by the same Earl of Salisbury who built Britains Burse but somewhat before Then have we Bedford Berry commonly called the Coven â—arden because there was a large Convent or Monastery there in times pass'd where there are many good structures cloystered underneath some of them with a large Piazza or Market place and a Church that bears the name of Saint Paul which though within the Precincts of Saint Martins Parish yet by Act of Parliament it is now exempted The Founder who was the Earl of Bedford pâ—ying
businessse aforesaid so that the business may not by any means remain undone for want of such power or by reason of the unprovident Election of the foresaid Knights Burgesses and Citizens But we will not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay unto us in our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto us the other part of the Indenture aforesaid affil'd to these presents ogether with the Writ Witness our Self at Westminster This Commission or Writ is the foundation whereon the whole fabrick of the power and duty of both Houses of Parliament is grounded The first House is to parley or have conference and to treat and consult with the King the other House is to do and consent only unto what the other shall ordain This was the Law and usage in former times but what is the power of the Commons in these dayes now that the Government is altred and cast into another mould the House of Peers being dissolved it is not the intent of this Discourse to determine At the return of the Writs aforesaid the Parliament could not begin but by the Royal presence of the King either in Perâ—on or by Representation By Representation two wayes either by a Gardian of England by Letters Patenrs under the Great Seal when the King was in remotis out of the Realm or by Commission under the Great Seal to certain Lords of Parliament representing the Person of the King he being within the Realm but absent in respect of some infirmity On the first day of the Parliament the King himself or most commonly the Lord Chancellor or Keeper in the presence of the Lords and Commons did shew the causes of the calling of High Court of Parliament but the King might have appointed any other to be his Prolocutor in this case Then the Commons are to choose their Speaker but in regard that after their choyce the King might refuse him for avoiding of time and contestation the use was as in the Congè deslire of a Bishop that the King doth recommend a discreet and learned man whom the Commons elect but without their Election no Speaker can be appointed for them because he is their mouth and intrusted by them and so necessary that the House of Commons cannot sit without him therefore a grievous sickness is a good cause to remove him as in Henry the 4th Raign Iohn Chervy Speaker was for sickness discharged and Sir Iohn Dorewoold chosen in his place but sickness is no cause to remove any Knight Citizen or Burgesse The Speaker being voted in the House was presented to the King where being allowed he made a supplication consisting of three parts First That the Commons in Parliament might have free speech Secondly That in any thing he should deliver in the name of the Commons if he should commit any error no fault should be imputed to the Commons Thirdly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by the directions of the House have access to his Royal Person Any of the Peeâ—s by the Kings leave may absent himself and make a proxy to another Lord but a Knight Citizen or Burgess cannot make a Proxy because he is elected and intrusted by multitudes of people And it is to be observed though one be chosen for one particular County or City yet when he is returned and sits in Parliament he serveth for the whole Common-wealth There belongs to Parliament a Prorogation or adjournment which differ in this A Prorogation presupposeth a Session and then such Bills as passed in either House or by both Houses and had no Royal assent unto them must at the next Assembly begin again for every Session in Parliament is in Law a several Parliament but if it be but adjourned then there is no Session When a Parliament is called and doth sit and is dissolved without any Act passed or judgement given it is no Session of Parliament but a Convention Touching the Power and Jurisdiction of Parliament for making of Lawes in proceeding by Bill it is so transcendent and absolute as it cannot be confined within any bounds No Alien is capable to be chosen a Parliament-man nor can any of the Judges of the Kings Bench or Common Pleas or Barons of the Exchequer that have Judicial places or any Church-man that hath care of souls be chosen a member of the House of Parliament For others the King cannot grant a Charter of Exemption to any man to be freed from Election of Knight or Burgesse of the Parliament because the Elections of them ought to be free for the publique service OF THE COVRT OF THE KINGS-BENCH THE Royallest Court in the Land Now called The Upper Bench. THe Lawes of England presuppose the King to be the Fountain and Oracle of Justice and to have special inspirations from Heaven to that purpose therefore all the Tribunals of Judicature were used to be ambulatory with his Court and He was wont to sit in Person in the Upper Bench which is the Supreme Tribunal of the Land The Justices in this Court are the soveraign Justices of Oyer and Terminer Goal-delivery Conservation of the Peace c. in the Realm In this Court the Kings of this Realm have sat as being the highest Bench and the Judges of that Court on the lower Bench at his Feet but Judicature only belongeth to the Judges of that Court and in his presence they answer all Motions c. The Justices of this Court are the soveraign Coroners of the Land and therefore where the Sheriffs and Coroners may receive appeals by Bill à fortiori the Justices of this Court may do it so High is the authority of this Court that when it comes and sits in any County the Justices of Eire of Oier and Terminer Coal-delivery they which have conusance c. do cease without any writing to them But if any Indictment of Treason or Felony in a Forain County be removed before certain Commissioners of Oier and Terminer in the County where this Court sits yet they may proceed because this Court for that this Indictment was not removed before them cannot proceed for that offence But if any Indictment be taken in Midd in the vacation and after this Court sit in the next Term in the same County if this Court be adjourned then may special Commissioners of Oier and Terminer c. in the interim proceed upon that Indictment but the more usual way is by special Commission And this was resolved by all the Judges of England at Winchester Anno 1 ' Iacobi Regis in the Case of Sir Everard Digby and others and so had it been resolved Mich. 25 and 26 Eliz. in the Case of Arden and Somervile for
the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aroâ—e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adultâ—mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idonâ—os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Peâ—y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chanceâ—y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents
Judges acknowledged that of Contracts pleas and quereles made upon the Sea or any part thereof which is not within any County from whence no tryal can be had by twelve men the Admiral hath and ought to have jurisdiction And no president can be shewed that any Prohibition hath bin granted for any plea contract or querele concerning any Marine cause made or done upon the Sea taking that only to be the Sea wherein the Admiral hath his jurisdiction which is before described by Law to be out of any County 2. The second Objection was that when actions are brought to the Admiralty upon Bargains and Contracts made beyond the Seas wherein the common Law cannot administer justice yet in these cases prohibitions are awarded in prejudice of the Court of Admiralty The Judges answer that Bargains and Contracts made beyond the Sea wherein the common Law cannot administer justice do belong to the Constable and Marshal For the jurisdiction of the Admiralty is wholly confined to the Sea which is out of any County but if any Indenture Bond or other specialty or any Contract be made beyond the Seas for doing of any act or payment of any money within this Realm or otherwise wherein the common Law can administer justice and give ordinary redress In these cases neither the Constable nor Marshal nor the Court of Admiralty hath any jurisdiction therefore when that Court hath proceeding in derogation of the common Law prohibitions have bin issued out as by the Law they ought 3. The third Objection was that whereas time out of minde the Court of Admiralty hath taken stipulations for appearance and performance of the acts and judgements of the same Court It is now affirmed by the Judges of the common Law that the Admirals Court is no Court of Record and therefore not able to take such stipulations hereupon prohibitions are granted to the utter overthrow of that jurisdiction The Judges answered that the Court of the Admiralty proceeding by the course of the Civil Law is no Court of Record and therefore cannot take any such a recognizance as a Court of Record may And for taking Recognizanses against the Law of the Realm we finde that prohibitions have bin granted And if an erroneous sentence be given in that Court no Writ of Error but an appeal before certain Delegates do lye which proves 't is no Court of Record 4. The fourth Objection was that Charter parties made only to be performed upon the Seas are daily withdrawn from that Court by prohibitions The Judges answered That if the Charter party be made within any City Port-Town or County of this Realm although it be to be performed either upon the Seas or beyond the Seas yet it is to be tryed and determined by the ordinary course of the Common Law and not in the Court of the Admiralty And therefore when that Court hath encroached upon the common Law in that case the Iudge of the Admiralty and party there suing have bin prohibited and oftentimes the party condemned in great and grievous dammages by the Lawes of the Realm 5. The fifth Objection was that notwithstanding the clause of Non obstante statuto which hath foundation in his Majesties Prerogative and is current in all other grants yet in the Lord Admirals Patent 't is said to be of no force to warrant the determination of the Causes committed to him in his Lordships Patent and so rejected by the Iudges of the common Law The common Lawyers answer that without all question the sundry Statutes which declare the jurisdiction of the Court of Admiralty and wherein all the Subjects of the Realm have interest cannot be dispensed with by any non obstante statuto and therefore not worthy of any answer but by colour thereof the Court of Admiralty hath contrary to those Acts of Parliament encroached upon the jurisdiction of the common Law to the intolerable grievance of Subjects which hath oftentimes urged them to complain in his Majesties ordinary Courts of justice in Westminster-Hall for their relief in that behalf 6. The sixth Objection was that to the end that the Admirals jurisdiction might receive all manner of empeachment and interruption the Rivers beneath the first Bridges where it ebbeth and floweth and all the Creeks and Ports are by the Iudges of the common Law affirmed to be no part of the Sea nor within the Admirals jurisdiction and thereupon prohibitions are ordinarily awarded upon actions depending in that Court for Contracts and other things done in those places notwithstanding that by use and practise time out of minde the Admirals Court hath had jurisdiction within such Ports Creeks and Rivers The Judges answer was like to their first And 't was further added that for the death of a man or mayhm in those two cases only done in great Ships being and hovering in the main stream only beneath the point of some Rivers nigh unto the Sea and no other place of the same Rivers nor in other causes but only in those two the Admiral hath cognizance But for all Contracts Pleas and Quereles made or done upon a River Haven or Creek within any County of this Realm the Admiral without question hath no jurisdiction for then he should hold plea of things done within the Body of the County which are tryable by verdict of twelve men and meerly determinable by the common Law and not within the Court of the Admiralty according to the Civil Law for that were to change and alter the Lawes of the Realm in like cases and make those Contracts Pleas and Quereles tryable by the common Law of the Realm to be drawn off ad aliud Examen and to be sentenced by the Iudges of the Admiralty according to the Civil Law 7. The seventh Objection was that the Agreement made Anno 1575. between the Judges of the Kings Bench and the Court of the Admiralty for the more quiet and certain Execution of Admiral Iurisdiction is not observed as it ought to be The Iudges answered that the supposed Agreement mentioned in the Article hath not as yet bin delivered them but having heard the same read before his Majesty they answer'd that for so much thereof as differeth from these answers it is against the Lawes and Statutes of this Realm therefore the Iudges of the Kings Bench never assented thereunto as was pretended 8. The eighth Objection was That many other grievances there were which in discussing of these former would easily appear worthy of Reformation To this the Judges answered that this Article was so general as no particular answer can be made thereunto only it appeareth by that which hath bin said that the Lord Admiral his Officers and Ministers principally by colour of that Non obstante and for want of learned advice have injustly encroached upon the common Lawes of this Realm for which the marvel is the lesse because that the Lord Admiral his Lieutenants Officers and Ministers have without all colour intruded upon the