Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	earl_n	privy_a	seal_n	11,500	5	8.5849	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42930	Synēgoros thalassios, A vievv of the admiral jurisdiction wherein the most material points concerning that jurisdiction are fairly and submissively discussed : as also divers of the laws, customes, rights, and priviledges of the high admiralty of England by ancient records, and other arguments of law asserted : whereunto is added by way of appendix an extract of the ancient laws of Oleron / by John Godolphin ...	Godolphin, John, 1617-1678.	1661 (1661)	Wing G952; ESTC R12555	140,185	276

Prohibition be awarded against the Court of Admiralty in Suits there Commenced upon Contracts made beyond the Seas CHAP. XIII Of the Agreement touching the Admiralty in Anno 1575. As also of the Resolutions Hill 8. Car. 1. upon the Cases of Admiral Jurisdiction THE Non-observance of the said Agreement being for the more quiet and certain execution of Admiral Jurisdiction was one of the Objections of the Admiralty in Anno 8 Jac. Reg. whereof mention is made by the Lord Coke in Par. 4. Instit cap. 22. And where it is said to be a supposed Agreement and that it had not been delivered to the then Judges but acknowledged to have heard the same read over in His Majesties Presence And to which Answer was then made That for so much thereof as differeth from those Answers viz. to the other Objections then made it is against the Laws and Statutes of this Realm And therefore the Judges of the Kings Bench never assented thereunto as is pretended neither doth the phrase thereof agree with the tearms of the Laws of the Realm This was the Answer then given to that Objection grounded upon the said Agreement Whether the same were no more then supposed may be referred to the matter of Fact wherein if so the evidentia rei will easily liquidate the scruple and dissipate dubieties Though the said Agreement be disagreed yet the Law like the Axis of the Body Politick remains fixed notwithstanding the rotation of opinions And whether so much thereof as differed from the Answers then made to the other Objections were repugnant to the Laws and Statutes of the Realm or the phrase discrepant from the tearms thereof would be more visible upon an Inspection were it free to insert that as an Imprinted Agreement here which is called but a supposed Agreement there Therefore to inquire how far the said Agreement made or supposed to be made in one age may be obligatory in another may possibly have an implication of more verity and reality then the thing it self with general consent doth or may challenge yet being in substance Consonant to the subsequent Resolutions upon the Cases of Admirall Jurisdiction and being an Objection long since under a former Impression with the Answer thereto as aforesaid it may be now a less Transgression to omit the Thing it self saltem in terminis then Digression to have given this short hint thereof quasi in nubibus The Resolutions Hill 8. Car. 1. upon the Cases of Admiral Jurisdiction being the Articles Propositions and Agreement made and subscribed in Febr. 1632. by all the Reverend Judges of both the Honourable Benches for the accommodating and setling the Differences concerning Prohibitions are very Energetical in Affirmance of much of the Rights of the said Jurisdiction The Sun need not borrow the Auxiliaries of Art to demonstrate his Light These Articles and this Agreement whatever the former be are more then supposed being reall and true You have it here as to the Body and Substance thereof in no other words then Sir Geo. Croke in his Reports delivers it with the requisite Addition of the style or Preface thereto together with the names of the Lords of His Majesties most Honourable Councel then present As followeth viz. At White Hall 18 Febr. 1632. Present The Kings Most Excellent Majesty Lord Keeper Lord Arch-Bishop of York Lord Treasurer Lord Privy Seal Earl Marshal Lord Chamberlain E. of Dorset E. of Carlisle E. of Holland E. of Denbeigh Lord Chancellour of Scotland E. of Morton Lord V. Wimbleton Lord V. Wentworth Lord V. Faulkland Lord Bishop of London Lord Cottington Lord Newburgh Mr. Treasurer Mr. Controller Mr. Vice-Chamberlain Mr. Secretary Coke Mr. Secretary Windebank This day His Majesty being present in Councel the Articles and Propositions following for the accommodating and setling the Difference concerning Prohibitions arising between His Majesties Courts at Westminster and His Court of Admiralty were fully Debated and Resolved by the Board And were then likewise upon reading the same as well before the Judges of his Majesties said Courts at Westminster as before the Judge of His said Court of Admiralty and His Atturney General Agreed unto and subscribed by them all in His Majesties Presence viz. 1. If Suit should be commenced in the Court of Admiralty upon Contracts made or other things Personal done beyond the Seas or upon the Sea No Prohibition to be awarded 2. If Suit be before the Admiral for Fraight or Mariners wages or for breach of Charter-parties for Voyages to be made beyond the Seas 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 But if the Suit be for the Penalty Or if the question be whether the Charter-party were made or not Or whether the Plaintiff did release or otherwise discharge the same within the Realm This is to be tryed in the Kings Courts at Westminster and not in His Court of Admiralty 3. If Suit be in the Court of Admiralty for Building Amending Saving or necessary Victualling of a Ship against the Ship it self and not against any party by name but such as for his Interest makes himself a party No Prohibition is to be granted though this be done within the Realm 4. Although of some Causes arising upon the Thames beneath the first Bridge and divers other Rivers beneath the first Bridge the Kings Courts have Cognizance Yet the Admiralty hath also Jurisdiction there in the point specially mentioned in the Statute of 15 R. 2. And also by Exposition and Equity thereof he may inquire of and redress all annoyances and obstructions in these Rivers that are any impediment to Navigation or Passage to or from the Sea And also to try Personal Contracts and Injuries done there which concern Navigation upon the Sea And no Prohibition is to be granted in such Cases 5. If any be imprisoned and upon Habeas Corpus brought If it be certified that any of these be the Cause of his Imprisonment the party shall be remanded Subscribed Febr. 1632. By all the Judges of both Benches AN EXTRACT By way of APPENDIX Of the Ancient LAVVS of Oleron Rendred into English out of GARSIAS aliàs FERRAND Together with Some Marginal Observations thereon LONDON Printed in the Year 1661. AN EXTRACT By way of APPENDIX of the Ancient Sea-Laws of OLERON Rendred into English out of Garsias aliàs Ferrand The Judgements of the Sea and the Isle of OLERON For the Regulation and Government of Merchants Owners of Ships Part-Owners Masters of Ships and Common Mariners in all Maritime Affairs I. WHen a Ship or other Vessel whereof a Master is made belonging to several Part-Owners and departing from her own Port arrives at Burdeoux Rouen or such like place and is there Fraighted to sail for Scotland or some other Forraign Country The Master in such case may not sell or dispose the said Vessel without Licence or a special Procuration for that purpose from the said

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 exp●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