The jurisdiction of the admiralty of England asserted against Sr. Edward Coke's Articuli admiralitatis, in XXII chapter of his jurisdiction of courts by Richard Zouch ...
         Zouch, Richard, 1590-1661.
      
       
         
           1663
        
      
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             The jurisdiction of the admiralty of England asserted against Sr. Edward Coke's Articuli admiralitatis, in XXII chapter of his jurisdiction of courts by Richard Zouch ...
             Zouch, Richard, 1590-1661.
             Coke, Edward, Sir, 1552-1634.
          
           [17], 152 p.
           
             Printed for Francis Tyton and Thomas Dring, and are to be sold at their shops ...,
             London :
             1663.
          
           
             "To the Reader" signed: Tim. Baldwyn.
             Reproduction of original in Harvard University Libraries.
          
        
      
    
     
       
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           Coke, Edward, -- Sir, 1552-1634. -- Institutes of the laws of England. -- Part 4.
           England and Wales. -- High Court of Admiralty.
           Jurisdiction.
        
      
    
     
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           THE
           JURISDICTION
           OF
           THE
           ADMIRALTY
           Of
           England
           Asserted
           ,
           AGAINST
           Sr.
           EDWARD
           COKE'S
           Articuli
           Admiralitatis
           ,
           In
           XXII
           Chapter
           of
           his
           Jurisdiction
           Of
           COURTS
           .
           By
           
             RICHARD
             ZOUCH
          
           Doctor
           of
           the
           Civil
           Law
           ,
           and
           late
           Judge
           of
           the
           High
           Court
           of
           ADMIRALTY
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Francis
             Tyton
          
           ,
           and
           
             Thomas
             Dring
          
           ,
           and
           are
           to
           be
           sold
           at
           their
           Shops
           in
           Fleetstreet
           .
           1663.
           
        
      
       
         
         
           
             
               Thomas
               Foley
               of
               Great
               Witley
               Court
               in
               the
               County
               of
               Worcester
               Esqr.
            
             blazon or coat of arms
          
        
      
       
         
         
           TO
           THE
           READER
           .
        
         
           I
           Do
           certifie
           and
           attest
           ,
           that
           the
           Treatise
           Entituled
           ,
           
             The
             Jurisdiction
             of
             the
             High
             Court
             of
             Admiralty
             asserted
             ,
          
           &c.
           by
           
             Dr.
             ZOUCH
          
           ,
           was
           delivered
           into
           my
           hands
           by
           the
           Author
           himself
           to
           be
           Printed
           ,
           and
           which
           he
           
           intended
           to
           have
           Dedicated
           to
           his
           Royal
           Highness
           
             JAMES
             Duke
             of
             YORK
          
           ,
           Lord
           High
           Admiral
           of
           England
           .
        
         
           
             Drs
             .
             Commons
             
               Febr.
               25.
               1663.
               
            
          
           
             Tim.
             Baldwyn
             .
          
        
      
    
     
       
         
         
           ASSERTIONS
           Concerning
           the
           JURISDICTION
           of
           the
           ADMIRALTY
           OF
           ENGLAND
           .
        
         
           1.
           
           THat
           in
           all
           places
           where
           Navigation
           and
           Trade
           by
           Sea
           have
           been
           in
           Use
           and
           Esteem
           ,
           and
           particularly
           in
           England
           ,
           Special
           Laws
           have
           been
           provided
           ,
           for
           regulating
           the
           same
           .
        
         
           2.
           
           That
           in
           all
           places
           where
           Laws
           have
           been
           provided
           for
           businesses
           concerning
           the
           Sea
           ,
           as
           also
           in
           England
           ,
           special
           Judges
           have
           been
           appointed
           ,
           to
           determine
           differences
           ,
           and
           to
           redresse
           offences
           concerning
           the
           same
           .
        
         
           3.
           
           That
           in
           all
           places
           where
           special
           Judges
           have
           been
           appointed
           ,
           for
           Sea
           affairs
           ,
           as
           also
           in
           England
           ,
           certain
           Causes
           ,
           viz.
           all
           such
           as
           have
           relation
           to
           Navigation
           ,
           and
           Negotiation
           by
           Sea
           ,
           have
           been
           held
           proper
           for
           their
           Conusance
           .
        
         
           4.
           
           That
           the
           Jurisdiction
           of
           the
           Lord
           High
           Admiral
           of
           England
           ,
           as
           it
           is
           granted
           
           by
           the
           King
           ,
           and
           usually
           exercised
           in
           the
           Court
           of
           Admiralty
           ,
           may
           consist
           with
           the
           Laws
           and
           Statutes
           of
           the
           Realm
           .
        
         
           5.
           
           That
           the
           Lord
           Admiral
           of
           England
           may
           hold
           Conusance
           of
           Contracts
           ,
           and
           Writings
           made
           at
           Land
           ,
           touching
           businesses
           of
           Navigation
           ,
           and
           Trade
           by
           Sea.
           
        
         
           6.
           
           That
           the
           Admiral
           of
           England
           may
           hold
           Conusance
           of
           things
           done
           in
           Ports
           ,
           and
           Navigable
           Rivers
           ,
           as
           touching
           damage
           done
           to
           Persons
           ,
           Ships
           ,
           and
           Goods
           ,
           Annoyances
           of
           free
           Passage
           ,
           and
           unlawfull
           Fishing
           .
        
         
           7.
           
           That
           the
           Lord
           Admiral
           of
           England
           may
           hold
           Pleas
           of
           Contracts
           ,
           and
           other
           things
           done
           beyond
           the
           Sea
           ,
           relating
           to
           Navigation
           ,
           and
           Trade
           by
           Sea.
           
        
         
           8.
           
           That
           the
           Courts
           and
           Judges
           of
           the
           Common-Law
           do
           intermeddle
           with
           ,
           and
           interrupt
           the
           Court
           of
           Admiralty
           in
           Causes
           properly
           belonging
           to
           that
           Court.
           
        
         
           9.
           
           That
           the
           Tryal
           of
           Causes
           concerning
           Navigation
           ,
           and
           Trade
           ,
           in
           the
           Court
           of
           Admiralty
           ,
           is
           more
           commodious
           for
           the
           Kingdome
           ,
           and
           the
           Subjects
           thereof
           ,
           than
           in
           the
           Courts
           of
           Common-Law
           .
        
      
       
         
         
           Sir
           EDWARD
           COKE'S
           Jurisdiction
           of
           COURTS
           .
           CAP.
           XXII
           .
           The
           Court
           of
           the
           Admiralty
           proceeding
           According
           to
           the
           Civil
           LAW
           .
        
         
           THe
           Complaint
           of
           the
           Lord
           Admiral
           of
           England
           to
           the
           Kings
           most
           Excellent
           Maiesty
           ,
           
           against
           the
           Iudges
           of
           the
           Realm
           concerning
           Prohibitions
           granted
           to
           the
           Court
           of
           the
           Admiralty
           ,
           
             11
             Febr.
             penultimo
             die
             Termini
             Hillarii
             ,
          
           
           Anno
           
             8.
             
             Jac.
             Regis
          
           ,
           the
           Effect
           of
           which
           complaint
           was
           after
           by
           his
           Majesties
           Commandment
           set
           down
           in
           Articles
           by
           Dr.
           Dun
           ,
           Iudge
           of
           the
           Admiralty
           ,
           which
           are
           as
           followeth
           ,
           with
           answers
           to
           the
           same
           by
           the
           Iudges
           of
           the
           Realm
           ,
           which
           they
           afterwards
           confirmed
           
           by
           three
           kinds
           of
           authorities
           in
           Law
           ,
           1.
           by
           Acts
           of
           Parliament
           ,
           2.
           by
           Iudgements
           and
           Iudicial
           proceedings
           ,
           and
           lastly
           by
           Book
           cases
           .
        
         
           
             
             Certain
             grievances
             whereof
             the
             Lord
             Admiral
             and
             his
             Officers
             of
             the
             Admiralty
             do
             especially
             complain
             ,
             and
             desire
             redresse
             .
          
           
             
             
               THat
               whereas
               the
               Conusance
               of
               all
               Contracts
               and
               other
               things
               done
               upon
               the
               Sea
               belongeth
               to
               the
               Admiral
               Jurisdiction
               ,
               the
               same
               are
               made
               tryable
               at
               the
               Common-Law
               ,
               by
               supposing
               the
               same
               to
               have
               been
               done
               in
            
             Cheapside
             ,
             
               or
               such
               places
            
             .
          
           
             
             By
             the
             Laws
             of
             this
             Realm
             ,
             the
             Court
             of
             the
             Admiral
             hath
             no
             Conusance
             ,
             power
             ,
             or
             Iurisdiction
             of
             any
             manner
             of
             Contract
             ,
             Plea
             ,
             or
             Querele
             ,
             within
             any
             County
             of
             the
             Realm
             ,
             either
             upon
             the
             Land
             ,
             or
             Water
             ,
             but
             every
             such
             Contract
             ,
             Plea
             ,
             or
             Querele
             ,
             and
             all
             other
             things
             rising
             within
             any
             County
             of
             the
             Realm
             ,
             either
             upon
             the
             Land
             ,
             or
             Water
             ,
             and
             also
             Wreck
             of
             the
             Sea
             ,
             ought
             to
             be
             tryed
             ,
             determined
             ,
             discussed
             and
             remedied
             by
             the
             Laws
             of
             the
             Land
             ,
             and
             not
             before
             ,
             or
             by
             the
             
             Admiral
             ,
             or
             his
             Lieutenant
             in
             any
             manner
             ;
             So
             as
             it
             is
             not
             material
             whether
             the
             place
             be
             upon
             the
             water
             ,
             
               infra
               fluxum
               ,
               &
               refluxum
               aquae
            
             ;
             but
             whether
             it
             be
             upon
             any
             water
             within
             any
             County
             :
             Wherefore
             we
             acknowledge
             ,
             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
             Iurisdiction
             .
             And
             no
             President
             can
             be
             shewed
             ,
             that
             any
             Prohibition
             hath
             been
             granted
             ,
             for
             any
             Contract
             ,
             Plea
             ,
             or
             Querele
             ,
             concerning
             any
             marine
             cause
             made
             or
             done
             upon
             the
             Sea
             ,
             taking
             that
             only
             to
             be
             the
             Sea
             ,
             wherein
             the
             Admiral
             hath
             Iurisdiction
             ,
             which
             is
             before
             by
             Law
             described
             to
             be
             out
             of
             any
             County
             .
             See
             more
             of
             this
             matter
             in
             the
             answer
             to
             the
             sixth
             Article
             .
          
           
             
               When
               Actions
               are
               brought
               in
               the
               Admiralty
               upon
               Bargains
               or
               Contracts
               made
               beyond
               the
               Seas
               ,
            
             
             
               wherein
               the
               Commom-Law
               cannot
               administer
               Justice
               ,
               yet
               in
               these
               causes
               ,
               Prohibitions
               are
               awarded
               against
               the
               Admiral
               Court.
               
            
          
           
             Bargains
             or
             Contracts
             made
             beyond
             the
             Seas
             ,
             
             wherein
             the
             Common-Law
             cannot
             administer
             Iustice
             ,
             
             (
             which
             is
             the
             effect
             of
             this
             
             Article
             )
             do
             belong
             to
             the
             Constable
             ,
             and
             Marshal
             :
             for
             the
             Iurisdiction
             of
             the
             Admiral
             is
             wholly
             consined
             to
             the
             Sea
             which
             is
             out
             of
             any
             County
             .
             But
             if
             any
             Indenture
             ,
             Bond
             ,
             or
             other
             Specialty
             ,
             or
             any
             Contract
             be
             made
             beyond
             Sea
             ,
             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
             remedy
             ,
             in
             these
             cases
             ,
             neither
             the
             Constable
             and
             Marshal
             ,
             nor
             the
             Court
             of
             the
             Admiralty
             ,
             hath
             any
             Iurisdiction
             .
             And
             therefore
             when
             this
             Court
             of
             the
             Admiralty
             hath
             dealt
             therewith
             in
             derogation
             of
             the
             Common-Law
             ,
             we
             find
             that
             Prohibitions
             have
             been
             granted
             ,
             as
             by
             Law
             they
             ought
             .
          
           
             
             
               Whereas
               time
               out
               of
               mind
               the
               Admiral
               Court
               hath
               used
               to
               take
               Stipulation
               for
               appearance
               ,
               and
               performance
               of
               the
               Acts
               and
               Judgments
               of
               the
               same
               Court
               ,
               It
               is
               now
               affirmed
               by
               the
               Judges
               of
               the
               Common-Law
               ,
               that
               the
               Admiral
               Court
               is
               no
               Court
               of
               Record
               ,
               and
               therefore
               not
               able
               to
               take
               such
               Stipulations
               ,
               and
               hereupon
               Prohibitions
               are
               granted
               ,
               to
               the
               utter
               over-throw
               of
               that
               Jurisdiction
               .
            
          
           
             
             The
             Court
             of
             the
             Admiralty
             proceeding
             by
             the
             Civil
             Law
             ,
             is
             no
             Court
             of
             Record
             ,
             
             and
             therefore
             cannot
             take
             any
             such
             Recognisance
             as
             a
             Court
             of
             Record
             may
             do
             .
             And
             for
             taking
             of
             Recognisances
             against
             the
             Laws
             of
             the
             Realm
             ,
             we
             find
             that
             Prohibitions
             have
             been
             granted
             ,
             as
             by
             Law
             they
             ought
             ;
             and
             if
             an
             Erroneous
             sentence
             be
             given
             in
             that
             Court
             ,
             no
             Writ
             of
             Error
             ,
             but
             an
             Appeal
             to
             certain
             Delegates
             does
             lye
             ,
             as
             it
             appeareth
             by
             the
             Statute
             of
             
               8
               Eliz.
               Reginae
               Cap.
               5.
            
             which
             proveth
             that
             it
             is
             no
             Court
             of
             Record
             .
             
          
           
             
               That
               Charter-parties
               made
               only
               to
               be
               performed
               upon
               the
               Seas
               ,
            
             
             
               are
               daily
               withdrawn
               from
               that
               Court
               by
               Prohibitions
               .
            
          
           
             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
             is
             the
             same
             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
             incroached
             upon
             the
             Common-Law
             ,
             in
             that
             case
             the
             Iudge
             of
             the
             Admiralty
             ,
             and
             Party
             suing
             there
             ,
             have
             been
             Prohibited
             ,
             and
             often
             times
             the
             party
             condemned
             in
             great
             and
             grievous
             dammages
             by
             the
             Laws
             of
             the
             Realm
             .
          
           
             
               That
               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
               ,
               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
               Judges
               of
               the
               Common-Law
               .
            
          
           
             
             Without
             all
             question
             the
             Statutes
             of
             
               13
               R.
               2.
               
               Cap.
               3.15
               R.
               2.
               
               Cap.
               5.
               
            
             &
             
               2
               H.
               4.
               
               Cap.
               11.
            
             
             being
             Statutes
             declaring
             the
             Iurisdiction
             of
             the
             Court
             of
             the
             Admiral
             ,
             and
             wherein
             all
             the
             Subjects
             of
             the
             Realm
             have
             interest
             ,
             cannot
             be
             dispenc'd
             with
             by
             any
             
               Non
               obstante
            
             ,
             and
             therefore
             not
             worthy
             of
             any
             answer
             ;
             but
             by
             colour
             thereof
             the
             Court
             of
             the
             Admiralty
             hath
             contrary
             to
             those
             Acts
             of
             Parliament
             ,
             incroached
             upon
             the
             Iurisdiction
             of
             the
             Common-Law
             ,
             to
             the
             intolerable
             grievance
             of
             the
             Subjects
             ,
             which
             have
             oftentimes
             urged
             them
             to
             complain
             in
             your
             Majesties
             Courts
             of
             Ordinary
             Iustice
             ,
             at
             Westminster
             ,
             for
             their
             relief
             in
             that
             behalf
             .
          
           
             
             
               To
               the
               end
               that
               the
               Admiral
               Jurisdiction
               may
               receive
               all
               manner
               of
               impeachment
               ,
               and
               interruption
               ,
               the
               Rivers
               beneath
               the
               first
               Bridges
               ,
               where
               it
               ebbeth
               and
               floweth
               ,
               and
               the
               Ports
               and
               
               Creeks
               are
               by
               the
               Judges
               of
               the
               Common
               -
               Law
               affirmed
               to
               be
               no
               part
               of
               the
               Seas
               ,
               nor
               within
               the
               Admiral
               Jurisdiction
               ,
               and
               thereupon
               Prohibitions
               are
               usually
               awarded
               upon
               actions
               depending
               in
               that
               Court
               ,
               for
               Contracts
               and
               other
               things
               done
               in
               those
               places
               ,
               notwithstanding
               that
               by
               use
               and
               practice
               time
               out
               of
               mind
               ,
               the
               Admiral
               Court
               have
               had
               Jurisdiction
               within
               such
               Ports
               ,
               Creeks
               and
               Rivers
               .
            
          
           
             The
             like
             answer
             as
             to
             the
             first
             ;
             
             and
             it
             is
             further
             added
             ,
             that
             for
             the
             Death
             of
             a
             man
             ,
             and
             of
             Mayhem
             (
             in
             those
             two
             cases
             onely
             )
             done
             in
             great
             Ships
             ,
             being
             and
             hovering
             in
             the
             main
             stream
             only
             ,
             beneath
             the
             points
             of
             the
             same
             Rivers
             ,
             nigh
             to
             the
             Sea
             ,
             and
             no
             other
             place
             of
             the
             same
             Rivers
             ,
             nor
             in
             other
             causes
             but
             in
             those
             two
             onely
             ,
             the
             Admiral
             hath
             cognisance
             .
             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
             not
             any
             Iurisdiction
             ,
             for
             then
             he
             should
             hold
             plea
             of
             things
             done
             within
             the
             body
             of
             the
             County
             ,
             which
             are
             tryable
             by
             the
             verdict
             of
             Twelve
             men
             ,
             and
             meerly
             determinable
             by
             the
             Common-Law
             ,
             and
             not
             within
             the
             Court
             of
             Admiralty
             according
             to
             the
             Civil
             Law
             ,
             for
             
             that
             were
             to
             change
             ,
             and
             alter
             the
             Laws
             of
             the
             Realm
             ,
             in
             those
             cases
             ,
             and
             make
             those
             Contracts
             ,
             Pleas
             ,
             and
             Quereles
             tryable
             by
             the
             Common-Laws
             of
             the
             Realm
             to
             be
             drawn
             
               ad
               aliud
               examen
            
             ,
             and
             to
             be
             sentenced
             by
             the
             Iudge
             of
             the
             Admiralty
             ,
             according
             to
             the
             Civil
             Laws
             ,
             and
             how
             dangerous
             and
             penal
             it
             is
             for
             them
             to
             deal
             in
             these
             cases
             ,
             it
             appeareth
             by
             Iudicial
             Presidents
             of
             former
             ages
             .
             See
             the
             answer
             to
             the
             first
             Article
             .
          
           
             
             
               That
               the
               agreement
               made
               in
            
             Anno
             Dom.
             
               1575.
               between
               the
               Judges
               of
               the
               Kings
               Bench
               ,
               and
               the
               Court
               of
               Admiralty
               ,
               for
               the
               more
               quiet
               ,
               and
               certain
               execution
               of
               Admiral
               Jurisdiction
               ,
               is
               not
               observed
               as
               it
               ought
               to
               be
               .
            
          
           
             
             The
             supposed
             agreement
             mentioned
             in
             this
             Article
             hath
             not
             as
             yet
             been
             delivered
             unto
             us
             ,
             but
             having
             heard
             the
             same
             read
             over
             before
             his
             Majesty
             (
             out
             of
             a
             paper
             not
             subscribed
             with
             the
             hand
             of
             any
             Iudge
             )
             we
             answer
             ,
             that
             for
             so
             much
             thereof
             as
             differeth
             from
             these
             Answers
             ,
             it
             is
             against
             the
             Laws
             ,
             and
             Statutes
             of
             this
             Realm
             ,
             and
             therefore
             the
             Iudges
             of
             the
             Kings
             Bench
             ,
             never
             assented
             thereunto
             ,
             as
             is
             pretended
             ,
             neither
             doth
             the
             Phrase
             thereof
             agree
             with
             the
             Termes
             of
             the
             Laws
             of
             the
             Realm
             .
          
           
             
             
               Many
               other
               Grievances
               there
               are
               ,
               
               which
               in
               discussing
               of
               these
               former
               will
               easily
               appear
               worthy
               also
               of
               Reformation
               .
            
          
           
             This
             Article
             is
             so
             General
             ,
             
             as
             no
             particular
             answer
             can
             be
             made
             thereunto
             ,
             onely
             it
             appeareth
             by
             that
             which
             hath
             been
             said
             ,
             That
             the
             Lord
             Admiral
             his
             Officers
             ,
             and
             Ministers
             ,
             principally
             by
             colour
             of
             the
             said
             void
             
               non
               obstante
            
             ,
             and
             for
             want
             of
             Learned
             advice
             ,
             have
             unjustly
             incroached
             upon
             the
             Common
             Laws
             of
             this
             Realm
             ,
             whereof
             the
             marvail
             is
             the
             lesse
             ,
             for
             that
             the
             Lord
             Admiral
             ,
             his
             Lieutenants
             ,
             Officers
             and
             Ministers
             ,
             have
             without
             all
             colour
             ,
             encroached
             and
             intruded
             upon
             a
             Right
             and
             Prerogative
             due
             to
             the
             Crown
             ,
             in
             that
             they
             have
             seized
             ,
             and
             converted
             to
             their
             own
             uses
             ,
             Goods
             and
             Chattels
             of
             infinite
             value
             ,
             taken
             by
             Pyrats
             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
             Blessed
             time
             of
             Peace
             ,
             causes
             appertaining
             to
             their
             natural
             Iurisdiction
             ,
             they
             now
             incroach
             upon
             the
             Iurisdiction
             of
             the
             Common-Law
             ,
             lest
             they
             should
             sit
             idle
             ,
             and
             reap
             no
             profit
             ;
             and
             if
             a
             greater
             number
             of
             Prohibitions
             (
             as
             
             they
             affirm
             )
             have
             been
             granted
             ,
             since
             the
             great
             benefit
             of
             this
             happy
             Peace
             ,
             than
             before
             in
             time
             of
             hostility
             ,
             it
             moveth
             from
             their
             own
             encroachments
             ,
             upon
             the
             Iurisdiction
             of
             the
             Common
             Law
             ;
             so
             that
             they
             do
             not
             onely
             unjustly
             incroach
             ,
             but
             complain
             also
             of
             the
             Iudges
             of
             the
             Realm
             for
             doing
             of
             Iustice
             in
             these
             cases
             .
          
           
             The
             particular
             Authorities
             promiscuously
             alleged
             by
             Sr.
             
               Edward
               Coke
            
             ,
             are
             distinctly
             inserted
             in
             the
             Chapters
             following
             ,
             in
             such
             places
             as
             they
             seem
             to
             concern
             .
          
        
      
       
         
         
           THE
           JURISDICTION
           of
           the
           Admiralty
           of
           England
           Asserted
           .
        
         
           
             That
             in
             all
             places
             where
             Navigation
             and
             Trade
             by
             Sea
             have
             been
             in
             use
             and
             esteem
             ,
             
             and
             particularly
             in
             England
             ,
             special
             Lawes
             have
             been
             provided
             for
             Regulating
             the
             same
             .
          
           
             
               LA
               Mer
               a
               ses
               loix
               comme
               la
               terre
               ,
            
             
             
               The
               Sea
            
             (
             saith
             Godfrey
             a
             learned
             Author
             ,
             )
             
               hath
               its
               lawes
               as
               well
               as
               the
               Land.
            
             And
             it
             is
             certain
             ,
             that
             Navigation
             was
             no
             sooner
             invented
             ,
             and
             men
             had
             experience
             of
             the
             commodity
             proceeding
             from
             Negotiation
             by
             Sea
             ,
             but
             they
             established
             lawes
             for
             the
             maintaining
             and
             regulating
             the
             same
             .
             So
             much
             may
             bee
             confirmed
             by
             what
             is
             observable
             from
             the
             use
             ,
             and
             
             practice
             ,
             First
             of
             those
             Nations
             and
             States
             which
             border
             on
             the
             Mediterranean
             Seas
             ;
             and
             secondly
             of
             those
             which
             confine
             on
             the
             Western
             Ocean
             ,
             and
             the
             Seas
             Northward
             .
          
           
             Touching
             the
             first
             ,
             Amongst
             the
             Grecians
             ,
             the
             Inhabitants
             of
             the
             ●sle
             of
             Rhodes
             have
             been
             most
             eminent
             for
             their
             policy
             in
             the
             affaires
             of
             the
             Sea
             ,
             
             Cicero
             saith
             
               Rhodiorum
               usque
               ad
               nostram
               memoriam
               Discipliplina
               navalis
               &
               gloria
               remansit
               .
            
             And
             
               Constantinus
               Harmenopulus
            
             a
             famous
             Judge
             at
             Thesolonica
             ,
             and
             Conservatour
             of
             the
             law
             there
             ,
             gives
             that
             credit
             to
             their
             Lawes
             ,
             that
             he
             affirmes
             ,
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             &c.
             
             
               All
               businesse
               concerning
               Navigation
               ,
               and
               all
               causes
               concerning
               things
               done
               at
               Sea
               ,
               are
               decided
               by
               the
               Rhodian
               Lawes
               ,
               for
               the
               Lawes
               of
               the
               Rhodians
               are
               of
               all
               Sea-Lawes
               the
               most
               antient
               .
            
             Those
             Sea-Lawes
             of
             the
             Rhodians
             ,
             or
             some
             part
             of
             them
             ,
             are
             extant
             ,
             published
             in
             Greek
             and
             Latine
             by
             
               Symon
               Schardius
            
             ,
             and
             
               Marquardus
               Freherus
            
             ,
             and
             out
             of
             them
             related
             by
             Marisotus
             ,
             in
             the
             first
             part
             of
             his
             
               Orbis
               maritimus
            
             .
          
           
             The
             Romans
             ,
             who
             in
             the
             beginning
             of
             their
             Republique
             ,
             received
             their
             Lawes
             of
             the
             
               Twelve
               Tables
            
             ,
             from
             the
             Athenians
             ,
             under
             the
             Empire
             ,
             when
             their
             State
             was
             
             at
             the
             heighest
             ,
             and
             abundantly
             furnished
             with
             Lawes
             for
             other
             matters
             ,
             in
             the
             time
             of
             
               Tiberius
               Claudius
            
             ,
             admitted
             the
             Rhodian
             Lawes
             for
             the
             regulating
             of
             the
             affaires
             of
             the
             Sea
             ,
             whereupon
             ,
             when
             one
             Eudaemon
             a
             Merchant
             of
             Nicomedia
             complained
             to
             the
             Emperour
             Antoninus
             ,
             
             that
             he
             with
             others
             had
             suffered
             Shipwrack
             ,
             and
             were
             spoyled
             of
             their
             goods
             by
             certain
             Officers
             of
             the
             Islands
             called
             Cyclades
             ,
             the
             Emperour
             answered
             him
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             
               that
               indeed
               he
               was
               Lord
               of
               the
               World
               ,
            
             that
             is
             to
             say
             ,
             
               of
               the
               Land
               ,
               or
               Continent
               ,
               but
               that
               the
               businesse
               ,
               and
               rights
               of
               the
               Sea
               had
               a
               speciall
               Rule
               set
               down
               in
               the
               Rhodian
               Lawes
               ,
               to
               which
               he
               did
               referr
               them
               .
            
             These
             Rhodian
             Lawes
             ,
             
             as
             Mr
             Selden
             observes
             ,
             were
             afterwards
             inserted
             into
             the
             body
             of
             the
             Civil
             Laws
             ,
             by
             the
             Emperour
             Iustinian
             and
             others
             ,
             and
             were
             in
             high
             esteem
             both
             in
             the
             Roman
             &
             Greek
             Empire
             :
             The
             titles
             to
             which
             they
             are
             reduced
             in
             the
             Civil
             Law
             are
             collected
             by
             
               Petrus
               Peckius
            
             ,
             who
             hath
             commented
             upon
             them
             ,
             and
             are
             likewise
             set
             forth
             by
             Morisotus
             ,
             
             and
             as
             they
             were
             in
             use
             in
             the
             Greek
             Empire
             ,
             they
             are
             set
             out
             by
             Leunclavius
             ,
             amongst
             the
             Basilica
             ,
             or
             Laws
             from
             Rome
             received
             at
             Constantinople
             .
          
           
           
             The
             wisdome
             and
             equity
             of
             the
             Roman
             Civil
             Laws
             ,
             in
             Processe
             of
             time
             ,
             have
             been
             received
             and
             allowed
             in
             all
             Nations
             ,
             and
             states
             of
             Europe
             ,
             for
             the
             regulating
             and
             determining
             of
             businesses
             at
             Sea
             ,
             as
             it
             plainly
             appears
             in
             all
             Authors
             of
             several
             Nations
             ,
             
             who
             have
             written
             of
             ,
             or
             handled
             matters
             of
             that
             nature
             ;
             To
             which
             have
             been
             added
             ,
             diverse
             Ordinances
             ,
             and
             Constitutions
             of
             their
             own
             ,
             for
             confirmation
             of
             those
             Laws
             ,
             and
             supply
             ,
             where
             it
             seemed
             necessary
             :
             So
             the
             Provinces
             and
             places
             bordering
             on
             the
             Mediterranean
             Seas
             ,
             according
             to
             former
             usages
             ,
             and
             customs
             ,
             and
             upon
             new
             emergent
             occasions
             ,
             established
             several
             orders
             ,
             and
             constitutions
             for
             Maritime
             businesses
             ,
             which
             some
             eminent
             persons
             residing
             at
             Amalphia
             ,
             (
             a
             Town
             in
             the
             Kingdome
             of
             Naples
             )
             reduced
             into
             a
             Monument
             ,
             called
             
               Tabula
               Amalphitana
            
             ,
             of
             which
             
               Marinus
               Frecria
            
             writes
             ;
             
               In
               succeeding
               times
               ,
               Maritime
               businesses
               were
               not
               determined
               onely
               by
               the
               Rhodian
               Laws
               ,
            
             
             
               but
               suites
               and
               controversies
               touching
               matters
               of
               the
               Sea
               ,
               were
               determined
               by
               the
               Law
               which
               is
               contained
               in
               the
               Table
               of
               Amalphia
               unto
               this
               ●ay
               .
            
          
           
           
             The
             like
             was
             done
             by
             the
             people
             of
             Venice
             ,
             
             Morea
             ,
             or
             
               Peloponnesus
               ,
               Rome
               ,
               Genua
               ,
               Marsellis
               ,
               Aragon
               ,
               Barcelona
               ,
            
             &c.
             of
             all
             which
             places
             the
             Constitutions
             are
             comprehended
             in
             the
             Book
             ,
             called
             
               Il
               Consultate
               del
               Mare
            
             ,
             of
             which
             it
             is
             related
             in
             a
             distinct
             Chapter
             ,
             
               Questi
               sono
               buoni
               stablimenti
               ,
               these
               are
               the
               good
               Constitutions
               and
               Customs
               which
               belong
               unto
               the
               Sea
               ,
               the
               which
               wise
               men
               passing
               through
               the
               World
               have
               delivered
               to
               our
               Ancestors
               .
            
          
           
             Touching
             the
             Nations
             confining
             on
             the
             Western
             and
             Northern
             Ocean
             ;
             It
             appears
             likewise
             ,
             That
             in
             Spain
             there
             were
             special
             Laws
             and
             Ordinances
             provided
             for
             the
             businesses
             of
             the
             Sea
             ,
             for
             occasions
             both
             of
             War
             and
             Peace
             ,
             as
             in
             the
             
               Partidas
               of
               Alphonsus
               the
               ninth
            
             ,
             under
             the
             Title
             of
             
               De
               los
               navios
            
             ,
             
             and
             under
             the
             Title
             
               De
               la
               guerre
               per
               la
               mer
               ,
            
             and
             under
             the
             Title
             
               De
               los
               navios
            
             in
             the
             Recopilation
             of
             Philip
             the
             2d
             .
             which
             are
             illustrated
             by
             the
             Comment
             of
             
               Alphonsus
               ,
               Azevedo
            
             ,
             and
             others
             .
          
           
             So
             the
             French
             for
             maritime
             affaires
             have
             divers
             Edicts
             or
             Ordinances
             which
             are
             stiled
             
               Reglements
               sur
               la
               fait
               de
               Admiralty
               ,
            
             
             which
             were
             established
             by
             Charls
             the
             sixth
             ,
             Lewis
             the
             twelfth
             ,
             Francis
             the
             
             first
             ,
             and
             lastly
             by
             Henry
             the
             third
             ,
             most
             fully
             ,
             upon
             review
             of
             all
             former
             Acts
             ,
             which
             were
             afterwards
             ratified
             by
             the
             Court
             of
             Parliament
             at
             Paris
             ;
             But
             for
             ordinary
             matters
             of
             Navigation
             ,
             and
             Trade
             at
             Sea
             ,
             the
             Laws
             ,
             or
             Judgements
             of
             Oleron
             ,
             (
             which
             is
             an
             Island
             situate
             at
             the
             mouth
             of
             the
             River
             Charenton
             ,
             near
             the
             Coast
             of
             Aquitain
             )
             are
             of
             special
             Observation
             in
             that
             Kingdone
             ,
             as
             appears
             by
             an
             Antient
             Record
             ,
             extant
             amongst
             the
             Royal
             Edicts
             ,
             
             Entituled
             
               Droits
               et
               preminences
               del
               Admirall
            
             ,
             wherein
             it
             is
             declared
             ,
             
               That
               the
               Admirall
               ought
               to
               do
               justice
               to
               all
               Merchants
               ,
               according
               to
               Rights
               judgements
               ,
               &c.
               and
               usages
               of
               Oleron
               .
            
             And
             Grotius
             affirms
             ,
             
             
               That
               as
               the
               Rhodian
               Laws
               in
               the
               Mediterranean
               Seas
               ,
               were
               reputed
               as
               the
               Lawes
               of
               Nations
               ,
               so
               in
            
             France
             
               are
               the
               Laws
               of
               Oleron
            
             ,
             and
             sayeth
             further
             in
             that
             place
             ,
             
               That
               in
               what
               esteem
               the
               Laws
               of
            
             Oleron
             
               have
               been
               in
               France
            
             ,
             the
             same
             have
             
               Leges
               Wisbuiences
               amongst
               the
               Nations
               beyond
               the
               Rhine
               ,
            
             
             which
             if
             Welwood
             mistakes
             not
             ,
             are
             the
             same
             with
             the
             Laws
             of
             Oleron
             ,
             Translated
             into
             Dutch
             for
             the
             use
             of
             the
             Sea
             Coasts
             in
             those
             parts
             .
          
           
             
             Malines
             in
             his
             
               Lex
               Mercatoria
            
             ,
             sets
             forth
             a
             Catalogue
             of
             the
             Laws
             of
             the
             
             Hanse
             Towns
             ;
             And
             Loccenius
             in
             his
             Preface
             to
             his
             Book
             ,
             
               de
               Iure
               Maritimo
            
             ,
             mentions
             ,
             
               jus
               nauticum
               Suesicum
            
             ,
             and
             
               Leges
               Wisbuiences
            
             ,
             which
             he
             sayeth
             are
             observed
             both
             in
             the
             Hanse
             Towns
             ,
             and
             in
             the
             Northern
             Kingdomes
             ,
             and
             also
             the
             Ordinances
             of
             the
             Hanse
             Towns
             themselves
             ,
             and
             of
             the
             Belgick
             Common-wealth
             .
          
           
             It
             is
             likewise
             apparent
             ,
             that
             the
             Kingdome
             of
             England
             is
             not
             destitute
             of
             special
             Laws
             for
             the
             regulating
             of
             Sea
             businesses
             ,
             which
             are
             distinct
             from
             the
             Common
             Laws
             of
             the
             Realm
             ;
             as
             namely
             ,
             the
             
               Civil
               Law
            
             ,
             and
             others
             ,
             of
             which
             the
             Books
             of
             Common
             Law
             take
             notice
             by
             the
             names
             of
             
               Ley
               Merchant
               ,
               and
               Ley
               Meriner
               .
            
          
           
             Touching
             the
             Civil
             Law
             ,
             how
             it
             is
             observed
             in
             the
             Admiralty
             of
             England
             ,
             Sir
             
               Edward
               Cook
            
             shews
             in
             his
             Comment
             upon
             Littleton
             ,
             
             where
             he
             mentions
             divers
             Laws
             which
             are
             in
             use
             in
             this
             Kingdome
             ;
             And
             Mr.
             Selden
             in
             his
             dissertation
             ,
             
               ad
               Fletam
            
             ,
             
             sayes
             ,
             
               Iuris
               Civilis
               ,
               vel
               Caesarij
               usus
               ab
               antiquis
               seculis
               etiam
               num
               retinetur
               in
               foro
               Maritimo
               ,
            
             
             
               seu
               curia
               Admiralitatis
            
             .
             And
             accordingly
             in
             the
             time
             of
             King
             Edward
             the
             sixth
             ,
             when
             Monsieur
             Villandry
             being
             imployed
             for
             the
             King
             of
             France
             ,
             
             upon
             occasion
             of
             some
             differences
             ,
             hapning
             betwixt
             the
             Subjects
             of
             England
             ,
             and
             of
             France
             ,
             concerning
             Sea
             businesses
             ,
             Signified
             that
             the
             King
             his
             Master
             was
             desirous
             that
             the
             Ordinances
             ,
             and
             the
             Customs
             of
             England
             ,
             might
             be
             reduced
             into
             one
             form
             ,
             without
             any
             difference
             betwixt
             them
             ,
             and
             the
             French
             ,
             answer
             was
             made
             ,
             That
             the
             English
             Ordinances
             for
             Marine
             affairs
             ,
             were
             no
             other
             than
             the
             Civil
             Laws
             ,
             and
             certain
             antient
             Additions
             of
             the
             Realm
             ,
             wherein
             they
             could
             not
             conceive
             any
             reason
             or
             convenience
             of
             change
             .
          
           
             The
             Law
             Merchant
             is
             likewise
             mentioned
             ,
             and
             allowed
             by
             Sir
             
               Edward
               Cook
            
             in
             his
             Comment
             upon
             Littleton
             ,
             
             as
             a
             Law
             distinct
             from
             the
             Common
             Law
             of
             England
             ;
             And
             so
             doth
             Mr.
             Selden
             mention
             it
             in
             his
             notes
             upon
             Fortescue
             .
             
             And
             Sir
             
               Iohn
               Davis
            
             ,
             more
             fully
             ownes
             it
             in
             a
             Manuscript
             Tract
             touching
             Impositions
             ,
             where
             he
             affirms
             ,
             
               That
               both
               the
               Common
               Law
               and
               Statute
               Laws
               of
            
             England
             
               take
               notice
               of
               the
               Law
               Merchant
               ,
               and
               do
               leave
               the
               ca●ses
               of
               Merchants
               to
               be
               decided
               by
               the
               Rules
               of
               that
               Law
               ,
               which
               Law
               Merchant
               ,
               he
               saith
               ,
               as
               it
               is
               part
               of
               the
               Law
               of
               Nature
               ,
               and
               Nations
               ,
               is
               universal
               ,
               and
               one
               and
               the
               
               same
               in
               all
               Countries
               of
               the
               World
               ;
               For
               as
               Cicero
               saith
               of
               that
               Law
               ,
            
             
             
               Non
               erit
               alia
               lex
               Romae
               ,
               alia
               Athenis
               ,
               alia
               nunc
               ,
               alia
               post
               haec
               ,
               sed
               et
               omnes
               gentes
               ,
               et
               omni
               tempore
               una
               eademque
               Lex
               obtinebit
               ,
            
             whereby
             it
             is
             manifest
             ,
             that
             the
             Causes
             concerning
             Merchants
             ,
             are
             not
             now
             to
             be
             decided
             by
             the
             peculiar
             and
             Ordinary
             Lawes
             of
             every
             Country
             ,
             but
             by
             the
             general
             Lawes
             of
             Nature
             and
             Nations
             .
             He
             sayeth
             further
             ,
             that
             untill
             he
             understood
             the
             difference
             betwixt
             the
             Law
             Merchant
             ,
             and
             the
             Common
             Law
             of
             England
             ,
             he
             did
             not
             a
             little
             marvell
             ,
             that
             England
             entertaining
             traffique
             with
             all
             Nations
             of
             the
             World
             ,
             having
             so
             many
             Ports
             ,
             and
             so
             much
             good
             Shipping
             ,
             The
             King
             of
             England
             also
             being
             Lord
             of
             the
             Sea
             ,
             what
             should
             be
             the
             cause
             ,
             that
             in
             the
             Books
             of
             the
             Common
             Law
             of
             England
             ,
             there
             are
             to
             be
             found
             so
             few
             Cases
             ,
             concerning
             Merchants
             ,
             or
             Ships
             :
             But
             now
             the
             reason
             thereof
             was
             apparent
             ,
             for
             that
             the
             Common
             Law
             of
             the
             Land
             did
             leave
             those
             cases
             to
             be
             ruled
             by
             another
             Law
             ,
             Namely
             ,
             the
             Law
             Merchant
             ,
             which
             is
             a
             branch
             of
             the
             Law
             of
             Nations
             .
          
           
             The
             Law
             Mariner
             ,
             to
             which
             happily
             the
             answer
             to
             the
             French
             Agent
             ,
             mentioning
             
             Antient
             additions
             of
             the
             Realm
             ,
             related
             ,
             were
             such
             things
             as
             are
             contained
             ,
             and
             preserved
             in
             the
             Antient
             black
             Book
             of
             the
             Admiralty
             ,
             as
             certain
             Royal
             Ordinances
             ,
             made
             by
             Antient
             Kings
             of
             the
             Realm
             .
             2ly
             .
             The
             Judgements
             ,
             or
             Resolutions
             of
             Oleron
             ,
             in
             the
             time
             of
             King
             Richard
             the
             first
             .
          
           
             3ly
             .
             Certain
             verdicts
             given
             upon
             an
             Inquisition
             at
             Quinborough
             ,
             in
             the
             time
             of
             King
             Edward
             the
             third
             ,
             and
             some
             other
             matters
             touching
             the
             Admiralty
             of
             England
             .
          
           
             Touching
             the
             black
             Book
             of
             the
             Admiralty
             ,
             Mr.
             Selden
             stiles
             it
             ,
             
             
               Vetusti
               Tribunalis
               maritimi
               Commentarii
            
             .
             And
             
               Codex
               Manuscriptus
               de
               Admiralatu
            
             .
             And
             in
             his
             notes
             upon
             Fortescue
             ,
             
             he
             saith
             ,
             that
             there
             are
             in
             it
             worthy
             of
             Observation
             ,
             Constitutions
             touching
             the
             Admiralty
             of
             Henry
             the
             first
             ,
             Richard
             the
             first
             ,
             King
             Iohn
             ,
             and
             Edward
             the
             first
             .
          
           
             Touching
             the
             Judgements
             or
             Laws
             of
             Oleron
             ,
             
             and
             the
             use
             of
             them
             in
             the
             Admiralty
             Court
             ,
             Mr.
             Selden
             ,
             where
             he
             from
             them
             argues
             the
             Soveraignty
             of
             the
             Kings
             of
             England
             ,
             in
             regard
             ,
             King
             Richard
             the
             first
             did
             publish
             the
             Sea
             Lawes
             in
             the
             Island
             of
             Oleron
             ,
             which
             was
             then
             in
             his
             
             possession
             ,
             sayes
             ,
             
               that
               they
               are
               still
               in
               force
            
             ;
             And
             Sir
             
               Edward
               Cook
            
             likewise
             argues
             ,
             
             that
             the
             Jurisdiction
             of
             the
             Lord
             Admirall
             was
             long
             before
             the
             Reign
             of
             Edward
             the
             third
             ,
             from
             the
             Laws
             of
             
               Oleron
               ,
               So
               called
               because
               they
               were
               there
               made
               by
               King
               Richard
               the
               first
               .
            
          
           
             The
             Inquisition
             at
             Quinborough
             was
             taken
             in
             the
             year
             1376.
             in
             the
             49.
             of
             King
             Edward
             the
             third
             ,
             by
             eighteen
             expert
             Sea-men
             ,
             before
             
               William
               Nevill
            
             Admirall
             of
             the
             North
             ,
             
               Philip
               Courtny
            
             Admirall
             of
             the
             West
             ,
             And
             the
             Lord
             Latimer
             Warden
             of
             the
             Cinque
             Ports
             ,
             And
             relates
             ,
             as
             by
             the
             Title
             appears
             ,
             to
             the
             usages
             of
             former
             times
             ;
             The
             verdicts
             there
             given
             were
             desired
             to
             be
             established
             by
             the
             Kings
             Letters
             Patents
             ,
             in
             the
             Cinque
             Ports
             and
             Towns
             adjoyning
             to
             the
             Thames
             ,
             to
             be
             observed
             by
             the
             owners
             ,
             Masters
             and
             Mariners
             of
             Ships
             ,
             under
             penalties
             ,
             
             &c.
             
             And
             Malines
             writes
             ,
             
               That
               he
               had
               seen
               them
               enrolled
               amongst
               the
               Records
               of
               the
               Tower
               ,
               for
               the
               Government
               of
               the
               Admiralty
               .
            
          
        
         
           
           
             
             That
             generally
             where
             Lawes
             have
             been
             provided
             for
             businesse
             concerning
             the
             Sea
             ,
             as
             also
             in
             England
             ,
             several
             Iudges
             have
             been
             appointed
             to
             determine
             differences
             ,
             and
             redresse
             offences
             concerning
             the
             same
             .
          
           
             
             
               GRegorius
               Tholosanus
            
             sayes
             ,
             
               Iudicum
               diversorum
               ratio
               eo
               dirigitur
               ,
               ut
               lites
               facilius
               expediantur
               ,
               ne
               immortales
               sint
               sub
               judicibus
               mole
               negotiorum
               occupatis
               &
               proinde
               cum
               commercia
               hominum
               sint
               maximae
               utilitatis
               ,
               placuit
               Negotiatoribus
               proponi
               proprios
               Iudices
               ,
            
             and
             accordingly
             .
          
           
             First
             ,
             the
             Grecians
             had
             their
             special
             and
             proper
             Judges
             appointed
             for
             those
             businesses
             ,
             So
             Suidas
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             &c.
             
             
               The
               Natodicae
               were
               Magistrates
               who
               did
               Iustice
               to
               Seamen
               and
               others
               who
               trade
               by
               Sea.
            
             And
             the
             Athenians
             had
             an
             expresse
             Law
             to
             that
             purpose
             ,
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             &c.
             
             
               That
               actions
               concerning
               Seamen
               and
               Merchants
               should
               be
               commenced
               before
               the
               Iudges
               called
               The
               smothetae
               according
               to
               their
               Instruments
               of
               Contracts
               ,
               and
               dealings
               .
            
          
           
           
             Secondly
             ,
             Amongst
             the
             Romans
             there
             was
             antiently
             an
             Officer
             called
             
               Praefectus
               Classis
            
             by
             Tully
             and
             Livy
             ,
             
             and
             Iavolenus
             makes
             mention
             of
             
               Seius
               Saturninus
               Archigubernius
               Classis
               Britannicae
            
             ,
             and
             Tacitus
             of
             
               Praetor
               Classis
            
             ,
             which
             name
             imports
             a
             power
             of
             Judicature
             ;
             in
             latter
             times
             they
             had
             also
             a
             Magistrate
             who
             was
             called
             
               Comes
               Commerciorum
            
             ,
             
             whose
             Office
             was
             to
             over-see
             matters
             of
             Commerce
             or
             Negotiation
             .
          
           
             Thirdly
             ,
             the
             Roman
             Empire
             being
             broken
             into
             several
             States
             ,
             the
             lesser
             as
             Republiques
             ,
             had
             their
             Consuls
             ,
             and
             the
             greater
             Kingdomes
             had
             their
             Admiralls
             to
             order
             and
             determine
             those
             businesses
             .
             The
             office
             of
             the
             Consuls
             is
             described
             in
             the
             
               Consolato
               Del
               Mare
               ,
               Consoli
               determinano
               ●utti
               le
               controversie
               ,
            
             
             
               &c.
               
               The
               Consuls
               determine
               all
               controversies
               which
               are
               for
               Fraights
               ,
               for
               Dammages
               done
               to
               goods
               on
               shipbord
               ,
               for
               parts
               of
               ships
               to
               be
               set
               to
               sale
               at
               an
               outcry
               ,
               for
               Commissions
               given
               to
               Masters
               and
               Mariners
               ,
               for
               Debts
               contracted
               by
               Masters
               for
               the
               necessary
               use
               of
               the
               Ship
               ,
               for
               things
               promised
               or
               undertaken
               betwixt
               Merchants
               and
               Mariners
               ,
               for
               goods
               taken
               up
               at
               Sea
               ,
               and
               generally
               for
               all
               other
               Contracts
               and
               businesses
               which
               are
               declared
               amongst
               the
               Customs
               of
               the
               Sea.
               
            
          
           
           
             
             Fourthly
             ,
             The
             Venetian
             State
             being
             a
             Seigniory
             ,
             when
             any
             great
             War
             is
             expected
             ,
             or
             undertaken
             ,
             have
             their
             General
             or
             Supreme
             Commander
             of
             the
             Navy
             ,
             who
             is
             of
             as
             high
             an
             esteem
             as
             any
             Magistrate
             of
             the
             City
             ,
             having
             absolute
             power
             over
             all
             Officers
             ,
             aud
             others
             of
             the
             Navy
             ;
             at
             other
             times
             the
             
               Legatus
               classis
            
             ,
             or
             Vice-General
             ,
             hath
             the
             power
             of
             disposing
             of
             the
             Navy
             ,
             and
             over
             the
             Captains
             of
             the
             Gallies
             ,
             and
             other
             persons
             of
             the
             Navy
             :
             
             They
             have
             besides
             four
             Consuls
             ,
             who
             Judge
             and
             determine
             all
             matters
             concerning
             Negotiation
             ,
             and
             Trade
             .
          
           
             
             Fifthly
             ,
             Admirals
             in
             Europe
             ,
             had
             their
             beginning
             (
             as
             most
             affirm
             )
             in
             the
             time
             of
             Constantine
             the
             Emperour
             ,
             and
             that
             in
             
               Magna
               Graecia
            
             ,
             which
             is
             now
             the
             Kingdome
             of
             Naples
             ,
             where
             the
             dignity
             of
             Admirall
             is
             the
             third
             place
             ,
             to
             wit
             after
             the
             Vice
             Roy
             ,
             
             and
             Constable
             ,
             To
             whom
             belongeth
             the
             Building
             ,
             Repayring
             ,
             and
             keeping
             of
             the
             Ships
             Royal
             ,
             and
             setting
             out
             of
             the
             Fleets
             for
             Warre
             ,
             with
             the
             Kings
             consent
             ;
             He
             hath
             also
             Jurisdiction
             Civil
             ,
             and
             Criminal
             ,
             amongst
             Commanders
             ,
             Officers
             ,
             and
             others
             ,
             employed
             about
             the
             Navy
             ,
             and
             all
             others
             who
             get
             
             their
             lively-hood
             by
             the
             industry
             and
             art
             of
             the
             Sea
             ,
             which
             are
             held
             to
             be
             such
             ,
             which
             transport
             in
             Ships
             ,
             and
             adventure
             their
             Estates
             by
             Sea
             ,
             as
             also
             such
             that
             make
             it
             their
             Trade
             to
             take
             Fish
             ,
             or
             do
             build
             Ships
             .
             This
             Court
             is
             called
             
               Magna
               Curia
            
             ,
             and
             from
             it
             there
             lyes
             an
             appeal
             only
             to
             the
             supreme
             Councell
             ;
             
               Garsias
               Mastrilli
            
             sayes
             ,
             he
             hath
             all
             Jurisdiction
             ,
             both
             Civil
             ,
             and
             Criminal
             ,
             in
             Maritime
             causes
             ,
             exclusive
             to
             all
             others
             .
          
           
             The
             King
             of
             Spain
             hath
             divers
             other
             Admirals
             ,
             
             both
             in
             Europe
             ,
             and
             the
             Jndies
             of
             equal
             power
             ,
             
               Marinus
               Siculus
            
             sayeth
             ,
             of
             the
             Admirall
             of
             Castile
             ,
             that
             he
             is
             next
             unto
             the
             Constable
             ,
             and
             hath
             supreme
             Authority
             over
             all
             that
             use
             the
             Sea
             ,
             and
             is
             held
             to
             be
             Lord
             and
             chief
             Commander
             of
             the
             Sea
             ,
             as
             it
             is
             also
             largely
             described
             in
             the
             Partidos
             ;
             besides
             ,
             for
             the
             dispatch
             of
             ordinary
             Maritime
             businesse
             ,
             by
             the
             same
             Laws
             ,
             Judges
             are
             appointed
             to
             reside
             in
             Port
             Towns
             ,
             and
             other
             places
             on
             the
             Sea
             Coasts
             ,
             which
             are
             to
             hear
             the
             causes
             of
             Sea-men
             concerning
             Freight
             of
             Ships
             ,
             and
             Contributions
             for
             goods
             cast
             over-board
             ,
             or
             any
             other
             matter
             ,
             which
             Judges
             were
             to
             proceed
             plainly
             without
             solemnities
             ,
             and
             with
             all
             expedition
             ,
             &c.
             
          
           
           
             
             In
             France
             ,
             by
             an
             Ordinance
             of
             Henry
             the
             third
             ,
             made
             upon
             a
             survey
             of
             all
             other
             former
             Ordinances
             ,
             ratifyed
             by
             the
             Parliament
             of
             Paris
             ,
             The
             Office
             of
             the
             Admirall
             in
             the
             Kings
             name
             is
             thus
             declared
             .
          
           
             1.
             
             That
             of
             all
             Armies
             ,
             which
             shall
             be
             raised
             and
             set
             to
             Sea
             ,
             the
             Admirall
             of
             France
             ,
             shall
             be
             chief
             ,
             and
             our
             Lieutenant
             General
             ,
             and
             shall
             be
             obeyed
             in
             all
             Maritime
             Towns
             and
             places
             ,
             which
             are
             or
             may
             be
             ,
             without
             contradiction
             .
          
           
             Secondly
             ,
             He
             shall
             have
             Jurisdiction
             ,
             Conusance
             ,
             and
             determination
             of
             all
             things
             done
             or
             committed
             on
             the
             Sea
             ,
             or
             shoars
             of
             the
             Seas
             ;
             likewise
             of
             all
             acts
             of
             Merchandise
             ,
             fishing
             ,
             freighting
             or
             letting
             to
             freight
             ,
             or
             breach
             of
             ships
             ,
             of
             Contracts
             made
             touching
             the
             matters
             afore-said
             ,
             of
             Charter
             parties
             of
             Sea
             briefs
             ,
             and
             of
             all
             other
             things
             whatsoever
             happening
             upon
             the
             Sea
             ,
             or
             shoars
             thereof
             ;
             as
             our
             Lieutenant
             General
             alone
             ,
             and
             to
             all
             purposes
             ,
             in
             the
             places
             afore-said
             ,
             which
             Jurisdiction
             ,
             Cognizance
             ,
             and
             determination
             ,
             we
             have
             interdicted
             to
             all
             other
             our
             Judges
             .
          
           
             He
             shall
             hold
             his
             principal
             Court
             at
             the
             marble
             Table
             ,
             in
             the
             Palace
             at
             Paris
             ,
             
             and
             shall
             appoint
             Judges
             Deputies
             in
             Maritime
             Cities
             ,
             and
             Towns
             ,
             who
             shall
             hear
             ordinary
             matters
             happening
             within
             their
             Circuits
             ,
             and
             if
             any
             businesse
             fall
             out
             worthy
             of
             greater
             consideration
             ,
             they
             shall
             referre
             the
             same
             to
             him
             .
          
           
             In
             Denmark
             the
             third
             place
             of
             dignity
             in
             the
             Kingdom
             belongs
             to
             the
             Admirall
             ,
             who
             is
             commonly
             called
             Ry●ks
             Admirall
             ,
             and
             as
             Morisotus
             ,
             
             writes
             ,
             He
             hath
             the
             same
             Right
             and
             Power
             as
             the
             Admirall
             of
             France
             .
          
           
             In
             Scotland
             (
             as
             VVellwood
             a
             Scotish
             man
             writes
             )
             the
             Admirall
             and
             Judge
             of
             the
             Admiralty
             hath
             power
             within
             the
             Sea-flood
             ,
             
             over
             all
             Sea-faring
             men
             ,
             and
             in
             all
             Sea-faring
             Causes
             and
             debates
             ,
             Civil
             and
             Criminal
             ,
             So
             that
             no
             other
             Judge
             of
             any
             degree
             may
             meddle
             therewith
             ,
             but
             only
             by
             way
             of
             Assistance
             ,
             as
             it
             was
             found
             in
             the
             Action
             brought
             by
             Anthony
             de
             la
             Tour
             against
             
               Christian
               Martens
            
             ,
             6
             Novemb.
             1542.
             
          
           
             The
             Admirall
             of
             England
             (
             as
             Mr.
             Selden
             observes
             )
             hath
             another
             manner
             of
             Right
             ,
             
             and
             Jurisdiction
             ,
             than
             the
             Admirall
             of
             France
             ,
             or
             other
             ordinary
             Admiralls
             ,
             for
             that
             the
             Jurisdiction
             over
             the
             Seas
             of
             England
             ,
             and
             Ireland
             ,
             and
             the
             
             Dominions
             and
             Isles
             of
             the
             same
             as
             a
             Province
             are
             committed
             to
             his
             Custody
             and
             Tuition
             ,
             as
             to
             a
             President
             to
             defend
             the
             same
             ,
             as
             in
             the
             Dominion
             of
             the
             King
             ,
             by
             whom
             he
             is
             Authorized
             ,
             The
             bounds
             of
             which
             Jurisdiction
             are
             limited
             ,
             and
             determined
             in
             those
             Seas
             ;
             and
             besides
             ,
             as
             the
             French
             ,
             and
             other
             Admiralls
             ,
             he
             hath
             the
             power
             over
             the
             Navy
             ,
             and
             the
             Government
             over
             the
             Sea-men
             ,
             and
             Jurisdiction
             over
             the
             persons
             and
             moveable
             goods
             which
             come
             under
             his
             Judicature
             ,
             
               pour
               raison
               ou
               occasion
               del
               faie
               de
               la
               mer
            
             ;
             which
             Jurisdiction
             hath
             no
             bounds
             ,
             but
             extends
             to
             the
             
               Mediterranean
               ,
               African
            
             ,
             and
             Indian
             Seas
             ,
             or
             any
             other
             far
             remote
             .
          
           
             What
             Mr.
             Selden
             delivers
             concerning
             the
             Admirall
             of
             Englands
             special
             Jurisdiction
             ,
             in
             the
             first
             respect
             ,
             is
             confirmed
             by
             an
             ancient
             Record
             in
             French
             in
             Archivis
             of
             the
             Tower
             of
             London
             ,
             
             set
             out
             at
             large
             by
             Sr.
             
               Edward
               Cook
            
             ,
             the
             effect
             and
             tenour
             whereof
             is
             ,
             That
             whereas
             during
             the
             Warrs
             between
             Philip
             King
             of
             France
             and
             Guy
             Earl
             of
             
               Flanders
               ,
               Reginerus
               Grimbaldus
            
             Admirall
             of
             the
             French
             Navy
             ,
             had
             spoiled
             the
             Merchants
             of
             divers
             Nations
             sailing
             towards
             Flanders
             ,
             in
             the
             
             English
             Seas
             ,
             and
             Commissioners
             being
             appointed
             by
             the
             two
             Kings
             ,
             to
             hear
             and
             redresse
             the
             Complaints
             concerning
             the
             same
             ,
             the
             Deputies
             of
             the
             Prelates
             ,
             Nobility
             ,
             and
             Commonalty
             of
             the
             Towns
             of
             England
             ,
             and
             of
             divers
             Maritime
             Countries
             ,
             as
             of
             
               Genua
               ,
               Catalonia
               ,
               Spain
               ,
               Germany
               ,
               Zeland
               ,
               Holland
               ,
               Friesland
               ,
            
             and
             Norway
             declare
             ,
             That
             the
             Kings
             of
             England
             ,
             by
             reason
             of
             that
             Realm
             ,
             time
             out
             of
             mind
             ,
             have
             been
             in
             peaceable
             possession
             of
             the
             Soveraign
             Dominion
             of
             the
             Sea
             of
             England
             ,
             and
             of
             the
             Islands
             therein
             situate
             ,
             by
             ordering
             ,
             and
             establishing
             Lawes
             ,
             Statutes
             ,
             and
             Counter-mands
             ,
             of
             Armes
             ,
             &
             Vessels
             otherwise
             furnished
             than
             for
             Merchandising
             ,
             and
             by
             taking
             security
             ,
             and
             giving
             protection
             in
             all
             Causes
             needful
             ,
             &
             by
             ordeining
             all
             other
             things
             requisite
             for
             the
             maintaining
             of
             Peace
             and
             Right
             amongst
             all
             other
             People
             ,
             as
             well
             of
             other
             Seignieuries
             ,
             as
             of
             their
             own
             ,
             passing
             through
             the
             same
             .
             And
             all
             manner
             of
             Cognizance
             and
             Jurisdiction
             high
             and
             low
             touching
             those
             Laws
             ,
             Statutes
             ,
             Ordinances
             ,
             &
             Countermands
             ,
             and
             all
             other
             Acts
             which
             may
             appertain
             to
             the
             Soveraign
             Dominion
             afore-said
             ,
             and
             that
             
               A.
               D.
               B.
            
             Admirall
             of
             
             the
             Sea
             deputed
             by
             the
             King
             of
             England
             ,
             and
             all
             other
             Admiralls
             appointed
             by
             him
             ,
             and
             his
             Ancestors
             ,
             heretofore
             Kings
             of
             England
             ,
             have
             been
             in
             peaceable
             Possession
             of
             the
             said
             Soveraign
             Protection
             ,
             together
             with
             the
             Conusance
             ,
             and
             Jurisdiction
             ,
             and
             all
             things
             before
             mentioned
             thereunto
             appertaining
             (
             except
             in
             case
             of
             Appeals
             to
             their
             Soveraign
             Kings
             of
             England
             ,
             for
             default
             of
             doing
             Right
             ,
             or
             giving
             wrong
             Judgment
             )
             and
             especially
             in
             making
             Restraint
             ,
             doing
             Justice
             ,
             and
             taking
             security
             for
             the
             peace
             of
             all
             manner
             of
             People
             ,
             bearing
             Arms
             on
             the
             Sea
             ,
             or
             Ships
             sailing
             otherwise
             apparelled
             ,
             or
             furnished
             than
             belongs
             to
             Ships
             of
             Merchandise
             ,
             and
             in
             all
             other
             points
             in
             which
             a
             man
             may
             have
             reasonable
             Cause
             of
             Suspicion
             against
             them
             ,
             touching
             Robbery
             or
             other
             misdemeanours
             .
          
           
             Besides
             the
             Jurisdiction
             Extraordinary
             of
             the
             Admirall
             of
             England
             concerning
             Protection
             against
             depredations
             in
             the
             English
             Seas
             (
             as
             Mr.
             Selden
             writes
             )
             his
             Ordinary
             Jurisdiction
             is
             over
             the
             persons
             ,
             and
             goods
             moveable
             ,
             which
             come
             under
             his
             judicature
             by
             
               occasion
               of
               businesses
               relating
               to
               the
               Sea
               ,
            
             is
             not
             only
             agreeable
             to
             the
             Jurisdiction
             of
             the
             French
             and
             other
             
             Admiralls
             ,
             but
             is
             also
             warranted
             by
             the
             Kings
             Commissions
             ,
             as
             it
             is
             apparent
             by
             antient
             ,
             and
             later
             Patents
             ,
             granted
             by
             the
             Kings
             of
             England
             ,
             in
             which
             the
             Admiralls
             of
             Englands
             Ahthority
             and
             Jurisdiction
             is
             expressely
             &
             fully
             declared
             ,
             as
             followeth
             ,
             
             
               Damus
               &
               Concedimus
               &c.
               
               We
               give
               and
               grant
               to
               N.
               the
               Office
               of
               our
               great
               Admiral
               of
               England
               ,
               Ireland
               ,
               &
               Wales
               &c.
               
               And
               we
               make
               ,
               appoint
               ,
               and
               ordain
               him
               Governour
               General
               of
               our
               Navies
               ,
               and
               Seas
               of
               the
               Kingdoms
               afore-said
               :
               And
               be
               it
               further
               known
               ,
               that
               we
               of
               our
               special
               Grace
               and
               certain
               knowledge
               ,
               do
               give
               and
               grant
               to
               the
               same
               our
               great
               Admirall
               and
               Governour
               of
               our
               Navies
               all
               and
               all
               manner
               of
               Iurisdictions
               ,
               Liberties
               ,
               Offices
               ,
               Fees
               ,
               Profits
               ,
               Preheminences
               ,
               and
               Privileges
               Whatsoever
               belonging
               or
               appertaining
            
             ;
             So
             far
             is
             recited
             in
             the
             Solemn
             form
             of
             the
             Admiralls
             Commission
             ,
             by
             Mr.
             Selden
             ,
             as
             sufficient
             to
             his
             purpose
             ,
             and
             then
             saith
             he
             follow
             many
             things
             declaring
             that
             most
             ample
             power
             ,
             and
             Jurisdiction
             ,
             amongst
             which
             is
             expressed
             in
             Civil
             Causes
             ,
             that
             to
             him
             it
             is
             granted
             ,
             
               Ad
               cognoscendum
               de
               placitis
               &c.
               
               To
               hold
               Conusance
               of
               Pleas
               ,
               Debts
               ,
               Bills
               of
               Exchange
               ,
               Policies
               of
               Assurance
               ,
               Accounts
               ,
               Charter-parties
               ,
               Contractions
               ,
               Bills
               of
               Lading
               ,
               and
               all
               
               other
               Contracts
               ,
               which
               may
               any
               wayes
               concern
               Moneys
               due
               for
               freight
               of
               Ships
               hired
               ,
               and
               let
               to
               hire
               ,
               moneys
               lent
               to
               be
               paid
               beyond
               the
               Seas
               ,
               at
               the
               hazzard
               of
               the
               lender
               ,
               and
               also
               of
               any
               Cause
               ,
               Businesse
               ,
               or
               Injury
               whatsoever
               had
               ,
               or
               done
               ,
               in
               or
               upon
               ,
               or
               through
               the
               Seas
               ,
               or
               publique
               Rivers
               ,
               or
               fresh
               Waters
               ,
               Streams
               ,
               Havens
               and
               places
               subject
               to
               overflowing
               ,
               whatsoever
               ,
               within
               the
               flowing
               and
               ebbing
               of
               the
               Sea
               ,
               upon
               the
               Shoares
               or
               Banks
               whatsoever
               adjoyning
               to
               them
               ,
               or
               either
               of
               them
               ,
               from
               any
               the
               said
               first
               Bridges
               whatsoever
               ,
               towards
               the
               Sea
               ,
               throughout
               our
               Kingdoms
               of
               England
               and
               Ireland
               ,
               or
               our
               Dominions
               aforesaid
               ,
               or
               else
               where
               ,
               beyond
               the
               Seas
               ,
               or
               in
               any
               Ports
               beyond
               the
               Seas
               whatsoever
               ,
            
             with
             divers
             other
             Clauses
             ,
             containing
             power
             of
             coercion
             for
             the
             maintenance
             of
             that
             Jurisdiction
             .
          
           
             By
             the
             Commission
             of
             Oyer
             and
             Terminer
             granted
             likewise
             under
             the
             Great
             Seal
             ,
             according
             to
             the
             Statute
             of
             the
             28th
             .
             of
             Henry
             the
             8.
             chap.
             15.
             and
             other
             Statutes
             for
             the
             punishing
             of
             Offences
             and
             matters
             Criminal
             committed
             within
             the
             Jurisdiction
             of
             the
             Admirall
             ,
             Power
             is
             granted
             in
             the
             Kings
             name
             ,
             to
             hear
             ,
             and
             determine
             
               De
               omnibus
               &
               singulis
               proditionibus
               &c.
               of
               all
               and
               singular
               Treasons
               ,
               
               Robberies
               ,
               Murthers
               ,
               Felonies
               ,
               and
               Consederacies
               &c.
               as
               well
               in
               and
               upon
               the
               Sea
               ,
               or
               any
               River
               ,
               Port
               or
               Fresh-water
               ,
               Creek
               ,
               or
               place
               whatsoever
               ,
               within
               the
               flowing
               of
               the
               Sea
               to
               the
               the
               full
               ,
               beneath
               the
               first
               Bridges
               towards
               the
               Sea
               ,
               as
               upon
               the
               shoar
               of
               the
               Sea
               ,
               or
               elsewhere
               within
               the
               Kings
               Maritime
               Iurisdiction
               of
               the
               Admiralty
               of
               the
               Realm
               of
               England
               ,
               and
               the
               Dominion
               of
               the
               same
               .
               As
               well
               against
               the
               Peace
               and
               the
               Laws
               of
               the
               Land
               ,
               as
               against
               the
               Kings
               Laws
               ,
               Statutes
               ,
               and
               Ordinances
               of
               the
               Kings
               Court
               of
               Admiralty
               .
               And
               also
               touching
               all
               and
               singular
               other
               matters
               ,
               which
               concern
               Merchants
               ,
               Owners
               and
               Proprietaries
               of
               Ships
               ,
               Masters
               ,
               Shipmen
               ,
               Mariners
               ,
               Shipwrights
               ,
               Fisher-men
               ,
               Workmen
               ,
               Labourers
               ,
               Saylours
               ,
               Servitours
               or
               any
               others
               .
            
          
        
         
           
           
             
             That
             in
             all
             places
             ,
             where
             Iudges
             have
             been
             appointed
             for
             Sea
             businesses
             ,
             as
             also
             in
             England
             ,
             certain
             Causes
             ,
             viz.
             such
             as
             have
             Relation
             to
             Navigation
             ,
             and
             Negotiation
             by
             Sea
             ,
             have
             been
             held
             proper
             for
             their
             Conusance
             .
          
           
             
               MAritime
               Laws
            
             ,
             saith
             
               Gode●ry
               ,
               concern
               persons
               or
               Dealings
               between
               Merchants
               and
               Sea-men
               ,
            
             
             which
             is
             agreeable
             to
             the
             subject
             matter
             of
             the
             several
             Laws
             mentioned
             in
             the
             first
             Chapter
             ,
             and
             what
             appeares
             to
             have
             belonged
             to
             the
             office
             of
             Maritime
             Judges
             .
          
           
             Amongst
             the
             Grecians
             ,
             Causes
             happening
             betwixt
             Merchants
             and
             Sea-men
             were
             called
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             
               Causes
               Concerconcerning
               Trade
            
             ,
             
             as
             Julius
             Pollux
             ,
             and
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             as
             Suidas
             testifies
             ,
             The
             Rhodian
             Lawes
             ,
             although
             as
             they
             are
             now
             extant
             ,
             are
             not
             ranked
             under
             distinct
             Heads
             or
             Titles
             ,
             yet
             they
             may
             be
             reduced
             to
             these
             particulars
             ,
             As
             first
             ,
             
             Concerning
             hiring
             &
             freighting
             of
             Ships
             ;
             Secondly
             ,
             Concerning
             transporting
             Passingers
             and
             Goods
             ;
             Thirdly
             ,
             Touching
             the
             delivery
             ad
             discharging
             the
             things
             received
             in
             good
             Condition
             ;
             Fourthly
             ,
             Touching
             Contributions
             for
             Losses
             ,
             in
             Common
             danger
             ,
             and
             for
             salvage
             of
             Goods
             .
             Fifthly
             ,
             For
             borrowing
             and
             trusting
             of
             money
             for
             Sea-voyages
             .
             Sixthly
             ,
             Concerning
             Mariners
             duties
             ,
             their
             wages
             ,
             and
             the
             like
             .
          
           
             The
             same
             were
             the
             matters
             taken
             into
             Cosideration
             ,
             
             when
             the
             Roman
             Senate
             entred
             into
             a
             Consultation
             to
             settle
             the
             businesse
             of
             the
             Sea
             ;
             For
             when
             
               Tiberius
               Claudius
            
             had
             signified
             to
             them
             ,
             that
             the
             Sea-men
             and
             Merchants
             trading
             by
             Sea
             ,
             had
             besought
             him
             ,
             that
             such
             businesses
             which
             were
             incident
             to
             the
             Sea
             ,
             might
             be
             reduced
             into
             some
             order
             ,
             Nero
             ,
             then
             a
             Senator
             ,
             advised
             ,
             that
             some
             might
             be
             sent
             to
             the
             Isle
             of
             Rhodes
             ,
             who
             should
             diligently
             enquire
             ,
             and
             take
             notice
             of
             what
             was
             there
             observed
             ,
             
               Concerning
               Mariners
               ,
               Sea-men
               ,
               Merchants
               ,
               and
               passengers
               Goods
               put
               on
               Board
               shipps
               ,
               Partner-ships
               ,
               Building
               ,
               Buying
               ,
               or
               Selling
               of
               Ships
               ,
               Entrusting
               Gold
               ,
               and
               Silver
               ,
               and
               divers
               other
               things
               .
            
             All
             which
             was
             done
             accordingly
             ,
             
             as
             appeares
             by
             the
             titles
             of
             the
             Roman
             Civil
             Lawes
             ,
             into
             which
             the
             Rhodian
             Laws
             were
             inserted
             ,
             and
             by
             the
             Laws
             touching
             Sea
             affairs
             ,
             which
             afterwards
             the
             Greek
             Empire
             received
             from
             the
             Romans
             ,
             
             as
             in
             the
             Title
             
               De
               Nauticis
               Obligationibus
               &c.
               
               Touching
               the
               obligations
               ,
               or
               duties
               of
               Mariners
               ,
               and
               all
               manner
               of
               actions
               which
               may
               be
               brought
               concerning
               Ships
               ,
               or
               those
               who
               sail
               in
               Ships
               ,
               Owners
               ,
               Masters
               ,
               or
               Passengers
               :
               Moreover
               touching
               wrecks
               of
               Ships
               ,
               casting
               forth
               of
               Goods
               ,
               and
               Contributions
               ,
               and
               also
               Fisher-men
               and
               Fishing
               .
            
          
           
             The
             same
             businesses
             also
             are
             regulated
             by
             the
             Constitutions
             of
             the
             
               Consolato
               del
               Mare
            
             ,
             in
             which
             are
             conteined
             ,
             the
             Statutes
             and
             Ordinances
             of
             Antient
             Authority
             ,
             provided
             for
             all
             Causes
             of
             Merchandising
             ,
             and
             Navigation
             ,
             as
             it
             is
             more
             fully
             signified
             in
             a
             Chapter
             of
             that
             Book
             ,
             
             
               Nello
               progresso
               di
               questo
               libro
               .
               In
               the
               progresse
               of
               this
               book
               it
               is
               declared
               ,
               how
               the
               Masters
               of
               Ships
               ought
               to
               demean
               themselves
               ,
               towards
               Merchants
               ,
               Mariners
               ,
               Strangers
               ,
               and
               all
               other
               sorts
               of
               people
               ,
               which
               passe
               in
               their
               Ships
               ,
               and
               also
               how
               Merchants
               ought
               to
               perform
               with
               Masters
               of
               Ships
               ,
               and
               how
               Strangers
               and
               others
               ought
               to
               pay
               
               fraight
               for
               the
               transporting
               of
               their
               persons
               &c.
               
            
             All
             which
             are
             made
             good
             in
             the
             particular
             Ordinances
             and
             Constitutions
             therein
             conteined
             .
          
           
             The
             Sea-Lawes
             in
             the
             
               Spanish
               Partidaes
            
             have
             the
             same
             scope
             ,
             
             as
             it
             is
             in
             the
             Title
             ,
             
               We
               intend
               here
               to
               speak
               of
               shipping
               hired
               to
               undergoe
               the
               Adventure
               of
               tbe
               Sea
               ,
               and
               we
               will
               shew
               what
               things
               the
               Master
               of
               the
               Ship
               ought
               to
               observe
               towards
               the
               Merchants
               ,
               and
               how
               the
               dammage
               that
               shall
               happen
               to
               goods
               cast
               over
               board
               by
               occasion
               of
               storm
               ought
               to
               be
               divided
               ,
               and
               of
               the
               price
               due
               for
               the
               hire
               of
               Ships
               ,
               and
               of
               other
               matters
               with
               may
               concern
               the
               same
               affair
               .
            
          
           
             So
             much
             is
             likewise
             signified
             in
             the
             Title
             of
             the
             Laws
             of
             Oleron
             ,
             which
             in
             the
             Edition
             annexed
             to
             the
             Customes
             of
             Normandy
             ,
             are
             called
             
               Ordonances
               Royaul
               touchant
               le
               fait
               de
               la
               Mere
               ,
            
             as
             also
             Judgments
             ,
             
               de
               la
               mere
               ,
               des
               nef
               ,
               des
               Mariners
               ,
               &
               aussi
               des
               Merchants
               ,
               &
               de
               tout
               leur
               estre
               ,
            
             and
             in
             the
             Edition
             set
             out
             by
             
               Peter
               Garrias
               La
               maniere
               comme
               les
               Maestres
               de
               Navire
               .
               The
               manner
               how
               Masters
               of
               Ships
               ,
               Merchants
               and
               Mariners
               ,
               ought
               to
               regulate
               and
               govern
               themselves
               ,
               according
               to
               the
               Iudgements
               of
               the
               Roll
               of
            
             Oleron
             .
          
           
             Notwithstanding
             these
             Examples
             of
             
             the
             usages
             of
             all
             other
             Nations
             ,
             some
             amongst
             us
             ,
             as
             take
             upon
             thē
             to
             determine
             ,
             that
             to
             the
             Jurisdiction
             of
             the
             Admiralls
             of
             England
             ,
             no
             special
             ,
             or
             certain
             Causes
             do
             belong
             ;
             so
             the
             Lord
             Hobard
             ,
             in
             Audly
             and
             Iennings
             Case
             affirms
             ,
             That
             their
             Jurisdiction
             is
             not
             in
             respect
             of
             any
             certain
             Causes
             ,
             as
             the
             Causes
             of
             Tithes
             and
             Testaments
             are
             in
             the
             Spiritual
             Court
             ,
             but
             only
             in
             respect
             of
             place
             ,
             and
             no
             doubt
             but
             Sir
             
               Edward
               Cook
            
             ,
             and
             others
             who
             talk
             so
             much
             of
             
               Altum
               Mare
            
             ,
             are
             themselves
             perswaded
             ,
             and
             would
             perswade
             others
             ,
             to
             be
             of
             that
             opinion
             ;
             but
             it
             is
             apparent
             ,
             that
             it
             is
             not
             the
             place
             only
             ,
             but
             the
             nature
             of
             the
             Case
             ,
             happening
             within
             such
             a
             place
             ,
             that
             makes
             the
             Jurisdiction
             ,
             and
             therefore
             if
             a
             Contract
             of
             Marriage
             ,
             or
             a
             Testament
             be
             made
             at
             Sea
             ,
             the
             Admirall
             claimes
             no
             conusance
             thereof
             ,
             which
             he
             might
             do
             if
             the
             place
             alone
             were
             sufficient
             to
             give
             the
             Jurisdiction
             ,
             and
             so
             Godfry
             in
             his
             Comment
             upon
             the
             Customes
             of
             Normandy
             saith
             ,
             
             
               that
               the
               Iurisdiction
               of
               the
               Marshal
               of
            
             France
             ,
             
               and
               of
               the
               Admirall
               ,
               are
               limited
               to
               certain
               Causes
               and
               matters
               ,
               whereupon
               it
               followeth
               ,
               that
               they
               cannot
               Iudge
               ,
               but
               of
               things
               ,
               of
               which
               the
               Conusance
               belongs
               unto
               them
               ,
               for
               their
               Iurisdictions
               
               are
               not
               regulated
               onely
               by
               the
               Territory
               or
               place
               ,
               but
               also
               by
               the
               Causes
               and
               matters
               over
               which
               a
               competent
               power
               is
               granted
               unto
               them
               .
            
             And
             so
             Justice
             Reeves
             ,
             in
             an
             Argument
             in
             
               Communi
               Banco
            
             delivered
             ,
             
             that
             he
             differed
             in
             opinion
             from
             the
             Lord
             Hobard
             ,
             and
             affirmed
             ,
             that
             the
             Cause
             as
             well
             as
             the
             place
             gave
             Jurisdiction
             ,
             for
             if
             a
             man
             upon
             the
             Sea
             do
             seal
             a
             Lease
             ,
             or
             an
             Obligation
             ,
             the
             Common
             Law
             shall
             have
             the
             Jurisdiction
             ,
             and
             not
             the
             Admiralty
             ,
             because
             the
             Cause
             is
             not
             Maritime
             ,
             and
             this
             he
             sayes
             agrees
             with
             the
             Lord
             Hobard
             himself
             in
             Bridgemans
             Case
             ,
             and
             Sergeant
             Callis
             in
             his
             Readings
             doth
             acknowledge
             ,
             
               That
               the
               King
               rules
               on
               the
               Sea
               by
               the
               Laws
               Imperial
               and
               the
               Roll
               of
            
             Oleron
             ,
             
               and
               others
               ,
               But
               that
               is
               ,
               saith
               he
               ,
               in
               the
               Causes
               of
               Shipping
               ,
               and
               of
               Merchants
               and
               Mariners
               .
            
             And
             whereas
             the
             Sergeant
             sayth
             well
             ,
             and
             I
             suppose
             no
             man
             will
             deny
             but
             the
             Civil
             or
             Imperial
             Laws
             ,
             the
             Roll
             of
             Oleron
             and
             others
             (
             by
             which
             I
             suppose
             may
             be
             understood
             ,
             the
             Articles
             of
             the
             Inquisition
             of
             Quinborough
             )
             are
             of
             force
             in
             the
             Admiralty
             of
             England
             ,
             For
             further
             Illustration
             that
             there
             are
             certain
             Causes
             properly
             belonging
             to
             the
             Conusance
             and
             Jurisdiction
             of
             the
             Admiralty
             
             Court
             of
             England
             ,
             It
             may
             be
             more
             particularly
             deduced
             and
             shewed
             from
             these
             several
             ,
             and
             respective
             authorities
             .
          
           
             And
             first
             ,
             as
             touching
             the
             particular
             Causes
             ,
             which
             may
             be
             deduced
             from
             the
             Civil
             Laws
             ,
             some
             things
             have
             been
             allready
             shewed
             ,
             out
             of
             what
             the
             Romans
             derived
             from
             the
             Rhodian
             Laws
             ,
             and
             if
             any
             will
             be
             further
             satisfied
             ,
             he
             may
             find
             it
             perspicuously
             declared
             ,
             in
             a
             Tract
             .
             
               De
               Iure
               &
               judicio
               Maritimo
            
             ,
             wherein
             the
             particular
             Causes
             ,
             not
             only
             Civil
             ,
             but
             also
             Criminal
             ,
             concerning
             Navigation
             ,
             &
             Negotiation
             by
             Sea
             ,
             are
             summarily
             set
             down
             ,
             with
             Relation
             to
             the
             Text
             of
             the
             Civil
             Laws
             .
          
           
             And
             touching
             the
             Laws
             of
             Oleron
             ,
             which
             are
             lesse
             obvious
             ,
             it
             may
             be
             observed
             ,
             that
             the
             particular
             Cases
             therein
             are
             ,
             as
             first
             
               
                 Touching
                 Ships
                 hired
                 for
                 Sea-voyages
                 ,
                 and
                 their
                 proceedings
                 in
                 the
                 same
                 .
              
               
                 1
                 How
                 Masters
                 ,
                 and
                 Mariners
                 ,
                 are
                 to
                 be
                 satisfied
                 ,
                 when
                 the
                 Merchant
                 provides
                 not
                 his
                 goods
                 ready
                 ,
                 to
                 be
                 laden
                 at
                 the
                 time
                 agreed
                 upon
                 .
              
               
                 
                 2
                 How
                 the
                 Master
                 ought
                 to
                 consult
                 with
                 his
                 Company
                 before
                 he
                 put
                 out
                 of
                 the
                 Harbour
                 ,
                 and
                 proceed
                 with
                 their
                 advice
                 ,
                 and
                 what
                 he
                 is
                 lyable
                 unto
                 ,
                 if
                 he
                 do
                 otherwise
                 .
              
               
                 3
                 How
                 the
                 Master
                 ought
                 to
                 make
                 satisfaction
                 when
                 the
                 Merchant
                 is
                 prejudiced
                 by
                 his
                 stay
                 ,
                 in
                 any
                 place
                 ,
                 and
                 is
                 not
                 proceeding
                 in
                 the
                 voyage
                 .
              
               
                 4
                 How
                 the
                 Master
                 ,
                 in
                 case
                 his
                 Ship
                 be
                 disabled
                 by
                 some
                 misfortune
                 ,
                 may
                 repair
                 it
                 ,
                 or
                 hire
                 another
                 ,
                 or
                 if
                 the
                 Merchant
                 refuse
                 ,
                 what
                 fraight
                 may
                 be
                 demanded
                 .
              
            
             
               
                 Secondly
                 ,
                 Touching
                 the
                 safe
                 keeping
                 ,
                 and
                 delivering
                 of
                 goods
                 received
                 into
                 the
                 Ships
                 .
              
               
                 1
                 How
                 the
                 Merchant
                 shall
                 be
                 satisfied
                 if
                 his
                 goods
                 be
                 damnified
                 in
                 the
                 Ship
                 ,
                 by
                 evill
                 stowing
                 ,
                 or
                 other
                 bad
                 usage
                 ,
                 and
                 how
                 the
                 Master
                 and
                 Company
                 may
                 clear
                 themselves
                 .
              
               
                 2
                 How
                 the
                 Master
                 and
                 Company
                 are
                 lyable
                 unto
                 the
                 Merchant
                 ,
                 if
                 any
                 goods
                 brought
                 into
                 the
                 port
                 of
                 discharge
                 ,
                 miscarry
                 in
                 the
                 unlading
                 by
                 occasion
                 of
                 the
                 Tackling
                 or
                 Cordage
                 which
                 are
                 found
                 unfit
                 .
              
            
             
               
               
                 Thirdly
                 ,
                 Touching
                 the
                 Engaging
                 of
                 Ships
                 or
                 goods
                 in
                 case
                 of
                 necessity
                 .
              
               
                 1
                 First
                 ,
                 Whether
                 the
                 Master
                 wanting
                 means
                 to
                 proceed
                 in
                 his
                 Voyage
                 ,
                 may
                 sell
                 ,
                 or
                 dispose
                 of
                 the
                 Ship
                 without
                 Commission
                 from
                 the
                 Owners
                 ,
                 and
                 how
                 ,
                 and
                 in
                 what
                 case
                 he
                 may
                 Engage
                 some
                 tackle
                 ,
                 or
                 furniture
                 of
                 the
                 Ship.
                 
              
               
                 2
                 How
                 far
                 ,
                 in
                 case
                 of
                 necessity
                 ,
                 the
                 Master
                 may
                 intermeddle
                 with
                 the
                 Merchants
                 goods
                 ,
                 and
                 if
                 he
                 dispose
                 of
                 any
                 ,
                 how
                 he
                 is
                 to
                 make
                 accompt
                 ,
                 and
                 give
                 satisfaction
                 .
              
            
             
               
                 Fourthly
                 ,
                 Touching
                 Contributions
                 to
                 be
                 made
                 for
                 loss
                 ,
                 upon
                 occasion
                 of
                 Common
                 danger
                 .
              
               
                 1
                 First
                 ,
                 How
                 the
                 Master
                 with
                 advice
                 of
                 those
                 in
                 the
                 Ship
                 ,
                 or
                 otherwise
                 ,
                 in
                 extremity
                 of
                 tempest
                 ,
                 may
                 cast
                 out
                 some
                 mens
                 goods
                 ,
                 to
                 save
                 themselves
                 and
                 the
                 rest
                 ,
                 and
                 how
                 average
                 ,
                 or
                 Contribution
                 is
                 to
                 be
                 made
                 .
              
               
                 2
                 How
                 the
                 Master
                 in
                 the
                 tempest
                 cuting
                 down
                 his
                 Mast
                 ,
                 and
                 casting
                 it
                 over
                 Board
                 to
                 save
                 the
                 Ship
                 and
                 goods
                 ,
                 ought
                 
                 to
                 have
                 satisfaction
                 from
                 those
                 whose
                 goods
                 were
                 saved
                 .
              
            
             
               
                 Fifthly
                 ,
                 Touching
                 damages
                 done
                 by
                 ,
                 or
                 betwixt
                 several
                 Ships
                 .
              
               
                 First
                 ,
                 How
                 and
                 in
                 what
                 manner
                 the
                 Damage
                 is
                 to
                 be
                 born
                 when
                 a
                 Ship
                 sailing
                 into
                 a
                 Port
                 bruizes
                 or
                 br●aks
                 another
                 Ship
                 riding
                 there
                 at
                 Anchor
                 .
              
               
                 Secondly
                 ,
                 How
                 if
                 two
                 Ships
                 riding
                 at
                 Anchor
                 in
                 a
                 Haven
                 ,
                 and
                 the
                 water
                 being
                 low
                 ,
                 the
                 Master
                 of
                 the
                 one
                 observing
                 some
                 danger
                 from
                 the
                 Anchor
                 of
                 the
                 other
                 ,
                 may
                 give
                 notice
                 thereof
                 to
                 the
                 Master
                 of
                 that
                 ship
                 ,
                 and
                 if
                 he
                 neglect
                 to
                 remove
                 it
                 ,
                 may
                 cause
                 it
                 to
                 be
                 done
                 by
                 his
                 own
                 Company
                 ,
                 and
                 if
                 he
                 be
                 hindred
                 therein
                 ,
                 and
                 damage
                 done
                 ,
                 what
                 reparation
                 may
                 be
                 recovered
                 .
              
            
             
               
                 Sixthly
                 ,
                 Touching
                 the
                 charge
                 for
                 hiring
                 of
                 Pilots
                 ,
                 and
                 their
                 duty
                 .
              
               
                 1
                 The
                 Master
                 being
                 bound
                 by
                 Charter-party
                 to
                 pay
                 Pilotage
                 ,
                 in
                 what
                 places
                 ,
                 and
                 how
                 far
                 he
                 is
                 bound
                 thereunto
                 .
              
               
                 2
                 How
                 far
                 the
                 Pilot
                 is
                 liable
                 to
                 make
                 ●atisfaction
                 of
                 the
                 ships
                 miscarriage
                 under
                 
                 his
                 charge
                 ,
                 and
                 whether
                 he
                 be
                 bound
                 when
                 he
                 hath
                 brought
                 her
                 into
                 the
                 Harbour
                 ,
                 if
                 she
                 miscarry
                 by
                 misplacing
                 there
                 .
              
            
          
           
             There
             be
             many
             other
             Cases
             contained
             amongst
             these
             Judgements
             of
             Oleron
             ,
             but
             these
             may
             suffice
             for
             our
             purpose
             .
          
           
             As
             the
             Roll
             of
             Oleron
             doth
             contain
             Judgements
             or
             Verdicts
             especially
             in
             Civil
             Causes
             ,
             which
             did
             belong
             to
             Maritime
             Judicature
             ,
             so
             in
             the
             Inqui●ition
             at
             Quinborough
             are
             presented
             matters
             Criminal
             ,
             and
             Offences
             concerning
             which
             antiently
             inquiry
             hath
             been
             made
             in
             the
             Admiralty
             Jurisdiction
             ,
             which
             may
             be
             reduced
             into
             these
             heads
             ,
             as
             
               
                 First
                 ,
                 Offences
                 against
                 the
                 King
                 and
                 Kingdome
                 ;
                 as
              
               
                 1
                 Of
                 such
                 as
                 did
                 furnish
                 the
                 Enemy
                 with
                 Victuals
                 and
                 Ammunition
                 ,
                 and
                 of
                 such
                 as
                 did
                 Traffick
                 with
                 the
                 Enemies
                 ,
                 without
                 special
                 Licence
                 .
              
               
                 2
                 Of
                 Traytors
                 goods
                 detained
                 in
                 ships
                 ,
                 and
                 concealed
                 from
                 the
                 King.
                 
              
               
                 3
                 Of
                 Pirats
                 ,
                 their
                 Receivers
                 ,
                 Maintainers
                 and
                 Comforters
                 .
              
               
                 4
                 Of
                 Murthers
                 ,
                 Man-slaughters
                 ,
                 
                 Maymes
                 ,
                 and
                 Pety-felonies
                 ,
                 committed
                 in
                 ships
                 .
              
               
                 5
                 Of
                 ships
                 arrested
                 for
                 the
                 Kings
                 service
                 ,
                 breaking
                 the
                 Arrest
                 ,
                 and
                 of
                 Sergeants
                 of
                 the
                 Admiralty
                 who
                 for
                 money
                 discharge
                 ships
                 arrested
                 for
                 the
                 Kings
                 service
                 ,
                 and
                 of
                 Mariners
                 who
                 having
                 taken
                 pay
                 run
                 away
                 from
                 the
                 Kings
                 service
                 .
              
            
             
               
                 Secondly
                 ,
                 Offences
                 against
                 the
                 Publick
                 good
                 of
                 the
                 Kingdome
                 ;
                 as
              
               
                 1
                 Of
                 ships
                 transporting
                 Gold
                 and
                 Silver
                 .
              
               
                 2
                 Of
                 carrying
                 Corn
                 over
                 Sea
                 without
                 special
                 Licence
                 .
              
               
                 3
                 Of
                 such
                 as
                 turn
                 away
                 Merchandizes
                 or
                 Victuals
                 from
                 the
                 Kings
                 Ports
                 .
              
               
                 4
                 Of
                 Forestallers
                 ,
                 Regrators
                 ,
                 and
                 of
                 such
                 as
                 use
                 false
                 Measures
                 ,
                 Ballances
                 ,
                 and
                 Weights
                 ,
                 within
                 the
                 Jurisdiction
                 of
                 the
                 Admiralty
                 .
              
               
                 5
                 Of
                 such
                 as
                 make
                 spoil
                 of
                 wrecks
                 ,
                 so
                 that
                 the
                 Owners
                 coming
                 within
                 a
                 year
                 and
                 a
                 day
                 cannot
                 have
                 their
                 goods
                 .
              
               
                 6
                 Of
                 such
                 as
                 claim
                 wrecks
                 ,
                 having
                 neither
                 Charter
                 nor
                 Prescription
                 .
              
               
                 7
                 Of
                 Wears
                 ,
                 Riddles
                 ,
                 Blind-stakes
                 ,
                 Water-mills●
                 &c.
                 whereby
                 ships
                 or
                 men
                 have
                 been
                 lost
                 or
                 endangered
                 .
              
               
                 
                 8
                 Of
                 removing
                 Anchors
                 ,
                 and
                 cutting
                 of
                 Buoy-Ropes
                 .
              
               
                 9
                 Of
                 such
                 as
                 take
                 Salmons
                 at
                 unseasonable
                 times
                 .
              
               
                 10
                 Of
                 such
                 as
                 spoyl
                 the
                 breed
                 of
                 Oisters
                 ,
                 or
                 dreg
                 for
                 Oisters
                 ,
                 and
                 Mussels
                 ,
                 at
                 unseasonable
                 times
                 .
              
               
                 11
                 Of
                 such
                 as
                 fish
                 with
                 unlawfull
                 Nets
                 .
              
               
                 12
                 Of
                 taking
                 Royal
                 Fishes
                 ,
                 viz.
                 Whales
                 ,
                 Sturgeons
                 ,
                 Purpoises
                 ,
                 &c.
                 and
                 detaining
                 the
                 one
                 half
                 from
                 the
                 King.
                 
              
            
             
               
                 Thirdly
                 ,
                 Offences
                 against
                 the
                 Admiral
                 ,
                 the
                 Navy
                 ,
                 and
                 Discipline
                 of
                 the
                 Sea.
                 
              
               
                 1
                 Of
                 Judges
                 entertaining
                 Pleas
                 of
                 Causes
                 belonging
                 to
                 the
                 Admiral
                 ,
                 and
                 of
                 such
                 as
                 in
                 Admiralty
                 Causes
                 sue
                 in
                 the
                 Courts
                 of
                 Common
                 Law
                 ,
                 and
                 of
                 such
                 as
                 hinder
                 the
                 Execution
                 of
                 the
                 Admirals
                 process
                 .
              
               
                 2
                 Of
                 Masters
                 and
                 Mariners
                 contemptuous
                 to
                 the
                 Admiral
                 .
              
               
                 3
                 Of
                 the
                 Admirals
                 shares
                 ,
                 of
                 Weifs
                 or
                 Derelicts
                 ,
                 and
                 of
                 Deodands
                 belonging
                 to
                 the
                 Admiral
                 .
              
               
                 4
                 Of
                 Fletson
                 ,
                 Jetson
                 ,
                 and
                 Lagon
                 ,
                 belonging
                 to
                 the
                 Admiral
                 .
              
               
                 
                 5
                 Of
                 such
                 as
                 Freight
                 Strangers
                 bottoms
                 ,
                 where
                 Ships
                 of
                 the
                 Land
                 may
                 be
                 had
                 at
                 reasonable
                 rates
                 .
              
               
                 6
                 Of
                 Ship-wrights
                 taking
                 excessive
                 wages
                 .
              
               
                 7
                 Of
                 Masters
                 and
                 Mariners
                 taking
                 excessive
                 wages
                 .
              
               
                 8
                 Of
                 Pilots
                 ,
                 by
                 whose
                 ignorance
                 ships
                 have
                 miscarried
                 .
              
               
                 9
                 Of
                 Mariners
                 forsaking
                 their
                 ships
                 .
              
               
                 10
                 Of
                 Mariners
                 Rebellious
                 ,
                 and
                 dis
                 -
                 obedient
                 to
                 their
                 Masters
                 .
              
            
          
           
             In
             the
             same
             antient
             Book
             of
             the
             Admiralty
             there
             is
             a
             Copy
             of
             a
             more
             antient
             Enquiry
             touching
             Admiral
             Causes
             ,
             wherein
             some
             things
             relate
             to
             Constitutions
             made
             by
             King
             Richard
             the
             first
             at
             Grimesby
             ,
             (
             viz.
             )
             That
             ships
             arrested
             for
             the
             Kings
             service
             ,
             breaking
             arrest
             ,
             shall
             be
             confiscated
             to
             the
             King
             ;
             and
             by
             King
             Iohn
             at
             Hastings
             ,
             That
             no
             private
             man
             should
             appropriate
             to
             himself
             the
             benefit
             of
             any
             salt
             waters
             ,
             by
             Meers
             ,
             Ridles
             ,
             and
             the
             like
             ,
             and
             that
             the
             same
             should
             be
             pulled
             down
             .
          
           
             And
             the
             fishing
             cryed
             common
             to
             all
             people
             was
             likewise
             ordered
             by
             King
             Iohn
             .
          
           
             This
             may
             suffice
             to
             confirm
             that
             there
             
             were
             certain
             special
             Causes
             ,
             both
             Civil
             and
             Criminal
             ,
             which
             did
             antiently
             belong
             and
             properly
             to
             the
             Conusance
             of
             the
             Admiral
             ,
             and
             to
             shew
             that
             his
             Jurisdiction
             was
             not
             wholly
             confined
             onely
             to
             the
             Sea.
             
          
        
         
           
             
             That
             the
             Iurisdiction
             of
             the
             Admiral
             of
             England
             ,
             as
             it
             is
             granted
             by
             the
             King
             ,
             and
             is
             usually
             exercised
             in
             the
             Admiralty
             Court
             ,
             may
             consist
             with
             the
             Statutes
             and
             Laws
             of
             this
             Realm
             .
          
           
             FIrst
             it
             appears
             by
             antient
             Record
             of
             the
             time
             of
             King
             Edward
             the
             first
             ,
             
               De
               superioritate
               Maris
            
             ,
             That
             it
             was
             acknowledged
             by
             the
             Deputies
             of
             the
             Parliament
             of
             England
             ,
             and
             of
             divers
             other
             Nations
             ,
             That
             the
             Kings
             of
             England
             time
             out
             of
             mind
             injoyed
             the
             Dominion
             and
             Soveraignty
             of
             the
             English
             Seas
             ,
             by
             prescribing
             Laws
             and
             Statutes
             for
             the
             preserving
             Peace
             and
             Justice
             ,
             and
             by
             exercising
             all
             kind
             of
             Authority
             in
             matters
             of
             Judicature
             ,
             and
             all
             other
             things
             which
             
             may
             concern
             his
             Soveraignty
             in
             the
             same
             ,
             which
             being
             granted
             ,
             his
             power
             to
             depute
             a
             Magistrate
             or
             Officer
             to
             those
             purposes
             ,
             with
             so
             much
             of
             his
             authority
             as
             he
             shall
             think
             fit
             ,
             cannot
             be
             denied
             .
          
           
             Secondly
             ,
             That
             the
             Jurisdiction
             and
             power
             granted
             by
             the
             King
             in
             his
             Letters
             Patents
             to
             the
             Admiral
             ,
             is
             agreeable
             to
             Commissions
             antiently
             granted
             ,
             and
             which
             have
             been
             passed
             from
             time
             to
             time
             by
             the
             Kings
             learned
             Counsel
             ,
             and
             by
             the
             Lord
             Chancellor
             ,
             or
             the
             Lord
             Keeper
             for
             the
             time
             being
             ,
             who
             have
             thereunto
             set
             the
             Great
             Seal
             :
             
             and
             that
             the
             authority
             and
             Jurisdiction
             of
             the
             Constable
             and
             Marshal
             is
             designed
             by
             
               St
               Edward
               Cook
            
             ,
             by
             referring
             to
             Grants
             of
             those
             Offices
             antiently
             made
             by
             many
             several
             Kings
             ,
             with
             exception
             onely
             to
             one
             irregular
             precedent
             ,
             in
             the
             time
             of
             King
             Edward
             the
             fourth
             .
          
           
             Thirdly
             ,
             That
             Mr.
             Selden
             shews
             ,
             that
             all
             the
             Patents
             of
             the
             Office
             of
             the
             Lord
             Admiral
             ,
             
             from
             the
             beginning
             of
             Queen
             Mary's
             time
             to
             the
             time
             of
             King
             Charles
             ,
             have
             been
             conceived
             after
             one
             and
             the
             same
             form
             and
             tenor
             ,
             as
             of
             Edward
             Lord
             Clint●on
             ,
             afterwards
             Earl
             of
             Lincoln
             ,
             under
             King
             Philip
             and
             Queen
             Mary
             ,
             of
             
               Charles
               
               Howard
            
             Lord
             Effingham
             ,
             afterwards
             Earl
             of
             Nottingham
             ,
             under
             Queen
             Elizabeth
             ,
             of
             Charles
             Duke
             of
             York
             ,
             after
             King
             Charles
             ,
             under
             King
             Iames
             ,
             and
             of
             George
             Duke
             of
             Buckingham
             ,
             under
             King
             Iames
             ,
             and
             King
             Charles
             ,
             to
             which
             may
             be
             added
             the
             Patent
             of
             Algernon
             Earl
             of
             Northumberland
             under
             King
             Charles
             the
             first
             ,
             and
             of
             Iames
             the
             most
             Illustrious
             Duke
             of
             York
             under
             King
             Charles
             the
             Second
             .
          
           
             Fourthly
             ,
             That
             the
             Lord
             Admiral
             and
             his
             Deputies
             proceeding
             according
             to
             his
             Commission
             ,
             is
             expresly
             allowed
             by
             King
             Philip
             and
             Queen
             Mary
             ,
             where
             they
             by
             a
             Statute
             restraining
             the
             exportation
             of
             Corn
             without
             Licence
             ,
             
             make
             a
             special
             provision
             ,
             
               That
               that
               Act
               shall
               not
               be
               prejudicial
               or
               hurtfull
               to
               the
               Lord
               Great
               Admiral
               of
            
             England
             ,
             
               for
               the
               time
               being
               ,
               or
               to
               the
               King
               and
               Queens
               Majesties
               Iurisdiction
               of
               the
               Admiralty
               ,
               but
               that
               the
               said
               Lord
               Admiral
               or
               his
               Deputies
               shall
               exercise
               ,
               use
               and
               execute
               all
               kinds
               of
               Iurisdiction
               belonging
               to
               the
               Sea
               ,
               according
               to
               his
               or
               their
               Commissions
            
             :
             which
             provision
             ,
             although
             it
             seems
             to
             have
             been
             made
             in
             respect
             of
             that
             Statute
             ,
             yet
             it
             shews
             what
             respect
             the
             King
             and
             Queen
             intended
             to
             their
             Lord
             High
             Admiral
             ,
             their
             own
             Admiralty
             
             Jurisdiction
             in
             all
             matters
             belonging
             to
             the
             Sea
             ,
             and
             to
             the
             Commission
             by
             them
             granted
             .
          
           
             Against
             the
             Jurisdiction
             of
             the
             Admiral
             as
             is
             granted
             by
             the
             King
             ,
             and
             as
             it
             is
             exercized
             in
             the
             Court
             ,
             it
             is
             pretended
             in
             general
             ,
             That
             it
             is
             not
             agreeable
             ,
          
           
             First
             ,
             To
             several
             Acts
             of
             Parliament
             ,
             Secondly
             ,
             To
             divers
             Judgments
             ,
             Book-Cases
             and
             Judicial
             proceedings
             ,
             to
             which
             may
             be
             added
             the
             Resolutions
             of
             the
             Judges
             upon
             the
             complaint
             of
             the
             Admiral
             ,
             in
             Sir
             
               Edward
               Cooks
               Articuli
               Admiralitatis
            
             ,
             All
             which
             more
             specially
             may
             be
             reduced
             to
             three
             heads
             .
          
           
             
               First
               ,
               Where
               the
               Admiral
               meddles
               with
               Contracts
               and
               Writings
               concerning
               Sea
               businesses
               made
               within
               the
               Realm
               .
            
             
               Secondly
               ,
               Where
               he
               meddles
               with
               other
               things
               done
               within
               the
               Bodies
               of
               Counties
               ,
               and
            
             
               Thirdly
               ,
               With
               such
               things
               as
               are
               made
               or
               done
               beyond
               the
               Sea.
               
            
          
           
             The
             Acts
             of
             Parliament
             are
             ,
             First
             ,
             The
             Statute
             of
             the
             13.
             
             Rich.
             2.
             chap.
             5.
             which
             restrains
             the
             Admiral
             from
             meddling
             with
             things
             within
             the
             Realm
             .
             Secondly
             ,
             That
             of
             the
             15.
             of
             the
             same
             King
             ,
             chap.
             3.
             which
             declares
             ,
             that
             he
             hath
             no
             Jurisdiction
             
             within
             Bodies
             of
             Counties
             .
             Thirdly
             ,
             That
             of
             2
             Hen.
             the
             4.
             which
             inflicts
             penalties
             on
             those
             who
             sue
             or
             proceed
             contrary
             to
             that
             of
             the
             13
             Rich.
             2.
             
             Fourthly
             ,
             That
             of
             the
             5
             of
             Elizabeth
             ,
             which
             is
             pretended
             to
             exclude
             the
             Admiral
             from
             meddling
             with
             things
             done
             within
             Ports
             and
             Rivers
             .
          
           
             The
             First
             of
             these
             ,
             being
             more
             general
             ,
             may
             in
             this
             place
             be
             considered
             ,
             the
             rest
             being
             more
             particular
             may
             ,
             in
             discussing
             of
             some
             other
             particular
             points
             to
             which
             they
             are
             appliable
             ,
             be
             examined
             .
          
           
             That
             of
             the
             13
             Rich.
             2.
             chap.
             5.
             ordains
             ,
             that
             the
             Admirals
             and
             their
             Deputies
             shall
             not
             meddle
             of
             any
             thing
             done
             within
             the
             Realm
             ,
             but
             only
             of
             things
             done
             upon
             the
             Sea
             ,
             as
             it
             hath
             been
             used
             in
             the
             time
             of
             King
             Edward
             the
             Third
             .
          
           
             Touching
             this
             Statute
             it
             may
             be
             observed
             what
             Sir
             
               Edward
               Cook
            
             delivers
             out
             of
             Plowdens
             Commentaries
             ,
             
             
               That
               the
               Praeamble
               of
               a
               Statute
               is
               the
               Key
               to
               open
               the
               meaning
               of
               the
               makers
               of
               the
               Act
               ,
               and
               the
               mischiefs
               which
               they
               intended
               to
               remedy
            
             ;
             now
             in
             the
             Praeamble
             of
             the
             Statute
             it
             ●s
             suggested
             ,
             that
             the
             Admiral
             had
             encroacht
             
             divers
             Jurisdictions
             and
             Franchises
             belonging
             to
             the
             King
             &
             other
             Lords
             ,
             from
             whence
             it
             may
             be
             conceived
             ,
             that
             the
             Parliament
             intended
             only
             to
             restrain
             him
             from
             medling
             in
             his
             Courts
             with
             such
             things
             within
             the
             Realm
             ,
             wherein
             he
             had
             encroacht
             upon
             the
             Jurisdiction
             of
             the
             King
             and
             other
             Lords
             ,
             which
             what
             those
             things
             were
             ,
             it
             doth
             no
             wayes
             appear
             ;
             but
             it
             cannot
             be
             imagined
             or
             reasonably
             conceived
             ,
             that
             it
             was
             intended
             the
             Admiral
             should
             be
             debarred
             from
             proceeding
             in
             Causes
             of
             Navigation
             and
             Negotiation
             by
             Sea
             ,
             which
             never
             did
             belong
             to
             any
             other
             Courts
             of
             the
             King
             or
             other
             Lords
             ,
             and
             were
             formerly
             held
             proper
             for
             the
             conusance
             of
             the
             Admiral
             ,
             and
             as
             things
             were
             then
             stated
             could
             not
             be
             held
             encroachments
             .
          
           
             So
             much
             may
             the
             rather
             be
             supposed
             ,
             because
             the
             Statute
             restraining
             him
             from
             meddling
             with
             things
             done
             within
             the
             Realm
             ,
             but
             only
             with
             things
             done
             upon
             the
             Sea
             ,
             further
             adds
             ,
             
               according
               to
               what
               hath
               been
               duly
               used
               ,
               in
               the
               time
               of
               the
               Noble
               Prince
               King
            
             Edward
             ,
             
               Grand-father
               to
               the
               King
            
             ,
             which
             was
             King
             Edward
             the
             Third
             .
          
           
             Sir
             
               Henry
               Sp●●man
            
             writes
             ,
             
             that
             some
             
             men
             did
             conceive
             
               Causarum
               Nauticarum
               cognitionem
               ,
               &
               forum
               rei
               maritimae
               ,
               quod
               hodie
               Curiam
               Admiralitatis
               vocant
               ,
               sub
            
             Edwardo
             
               Tertio
               illuxisse
            
             ;
             and
             it
             is
             probable
             ,
             that
             in
             that
             Kings
             time
             ,
             who
             did
             many
             other
             glorious
             things
             for
             the
             good
             of
             this
             Nation
             ,
             the
             Court
             of
             Admiralty
             received
             some
             setlement
             ,
             and
             grew
             more
             conspicuous
             than
             it
             was
             before
             ;
             but
             the
             Constitutions
             observed
             by
             Mr.
             Selden
             in
             the
             Book
             of
             the
             Admiralty
             of
             Henry
             the
             First
             ,
             
             Richard
             the
             First
             ,
             King
             Iohn
             ,
             and
             Edward
             the
             First
             do
             manifest
             ,
             that
             the
             Court
             was
             much
             more
             antient
             :
             and
             Sir
             
               Edward
               Cook
            
             ,
             to
             shew
             the
             antiquity
             of
             the
             Court
             of
             Admiralty
             to
             have
             been
             long
             before
             the
             time
             of
             Edward
             the
             Third
             ,
             in
             whose
             dayes
             ,
             he
             sayes
             ,
             that
             some
             had
             dreamed
             that
             it
             had
             begun
             ,
             recite
             ,
             the
             antient
             Record
             
               De
               superioritate
               Maris
            
             ,
             
             before
             mentioned
             ,
             and
             likewise
             another
             quoted
             also
             by
             Mr.
             Seld●n
             ,
             
             wherein
             it
             is
             shewed
             that
             King
             Edw.
             the
             Third
             in
             the
             12
             year
             of
             his
             Reign
             did
             consult
             with
             all
             his
             Judges
             ,
             
               ad
               finem
               quod
               retineatur
               &
               continuetur
               ad
               subditorum
               prosequutionem
               forma
               procedendi
               quondam
               Domini
               Regis
               &c.
            
             that
             is
             ,
             
               To
               the
               end
               that
               the
               form
               of
               proceedings
               at
               the
               sute
               of
               the
               Subjects
               
               begun
               and
               ordained
               by
               his
               Grand-father
               King
            
             Edward
             
               the
               First
               and
               his
               Counsel
               ,
               for
               retaining
               and
               preserving
               the
               antient
               Soveraignty
               of
               the
               Sea
               of
            
             England
             ,
             
               and
               the
               Right
               of
               the
               Office
               of
               the
               Admiralty
               in
               the
               same
               ,
               might
               be
               resumed
               ,
               and
               continued
               ,
               touching
               the
               correcting
               ,
               interpreting
               ,
               and
               declaring
               the
               Laws
               and
               Statutes
               lately
               ordained
               for
               the
               maintaining
               of
               Peace
               and
               Iustice
               amongst
               the
               people
               of
               all
               Nations
               whatsoever
               ,
               passing
               through
               the
               English
               Seas
               ,
               and
               for
               punishing
               of
               Offences
               ,
               and
               for
               giving
               of
               satisfaction
               to
               such
               as
               were
               damnified
               ,
               which
               Laws
               and
               Statutes
               were
               corrected
               ,
               declared
               ,
               interpreted
               ,
               and
               published
               by
               King
            
             Richard
             
               the
               First
               King
               of
            
             England
             
               in
               his
               return
               from
               the
               Holy
               Land
               ,
               and
               were
               intituled
               Le
               Ley
            
             Oleron
             
               in
               the
               French
               tongue
            
             .
          
           
             And
             it
             is
             manifest
             ,
             That
             the
             Law
             was
             continued
             all
             that
             Kings
             time
             ,
             in
             regard
             that
             in
             the
             49
             year
             of
             his
             Reign
             ,
             the
             selected
             Sea-men
             for
             the
             Inquisition
             at
             Quinborough
             ,
             in
             the
             conclusion
             say
             ,
             That
             touching
             some
             businesses
             proposed
             in
             the
             Articles
             of
             the
             Inquisition
             ,
             they
             know
             no
             better
             advise
             nor
             remedy
             than
             that
             which
             had
             been
             formerly
             used
             and
             practised
             
             after
             the
             manner
             which
             is
             conteined
             in
             the
             
               Law
               of
               Oleron
            
             .
          
           
             All
             which
             being
             admitted
             and
             duly
             considered
             ,
             it
             may
             be
             presumed
             ,
             that
             such
             Causes
             as
             did
             originally
             by
             Civil
             Law
             belong
             to
             the
             Admiralty
             ,
             and
             what
             former
             Kings
             had
             antiently
             ordained
             for
             the
             regulating
             of
             the
             same
             ,
             as
             likewise
             such
             as
             were
             agreeable
             to
             the
             matters
             decided
             in
             the
             
               Iudgments
               of
               Oleron
            
             ,
             and
             what
             are
             conteined
             in
             the
             Inquisition
             taken
             at
             Quinborough
             ,
             in
             the
             time
             of
             King
             Edward
             the
             Third
             ,
             were
             within
             the
             conusance
             of
             the
             Admiralty
             Court
             ,
             and
             consequently
             the
             same
             are
             permitted
             to
             be
             tried
             and
             determined
             in
             the
             same
             Court
             by
             the
             Statute
             of
             the
             13
             of
             Rich.
             2.
             
          
           
             Touching
             the
             Judgments
             ,
             Judicial
             Acts
             ,
             and
             Book-Cases
             intended
             to
             restrain
             the
             Admiral
             of
             England
             in
             exercise
             of
             his
             Jurisdiction
             as
             it
             is
             granted
             in
             the
             Kings
             Commission
             ,
             it
             may
             be
             answered
             in
             general
             ,
             First
             ,
             That
             those
             Judgments
             ,
             Judicial
             Acts
             ,
             &c.
             are
             in
             Causes
             of
             difference
             in
             respect
             of
             Jurisdiction
             betwixt
             the
             Courts
             of
             Common
             Law
             and
             the
             Admiralty
             Court
             ,
             and
             it
             is
             incident
             to
             all
             professions
             ,
             where
             there
             is
             any
             competition
             or
             emulation
             with
             others
             ,
             to
             incline
             
             to
             that
             which
             is
             most
             to
             their
             advantage
             .
             Secondly
             ,
             Such
             Judgment
             sand
             Book-Cases
             have
             been
             grounded
             upon
             the
             common
             understanding
             of
             the
             Statutes
             ,
             without
             any
             notice
             or
             respect
             to
             the
             Laws
             of
             the
             Sea
             ,
             or
             the
             condition
             of
             Maritime
             Causes
             ,
             the
             circumstances
             of
             the
             places
             being
             the
             chief
             Rule
             by
             which
             they
             have
             been
             framed
             .
             Thirdly
             ,
             That
             many
             of
             them
             upon
             due
             examination
             may
             be
             found
             not
             so
             concluding
             as
             they
             are
             pretended
             ,
             and
             although
             much
             respect
             and
             reverence
             be
             due
             to
             the
             Authours
             ,
             yet
             we
             are
             not
             bound
             to
             believe
             that
             their
             judgments
             are
             infallible
             .
             Fourthly
             ,
             That
             the
             Judicial
             proceeding
             as
             Prohibitions
             ,
             being
             the
             results
             of
             the
             former
             authorities
             they
             may
             be
             weighed
             accordingly
             .
             Lastly
             ,
             Touching
             the
             main
             piece
             ,
             Sir
             
               Edward
               Cooks
               Articuli
               Admiralitatis
            
             ,
             carrying
             the
             reputation
             of
             the
             Resolutions
             of
             all
             ●●e
             Judges
             touching
             the
             matters
             therein
             conteined
             ,
             it
             will
             appear
             that
             they
             very
             much
             differ
             from
             the
             Concessions
             of
             the
             Judges
             of
             the
             Kings
             Bench
             1575
             ,
             and
             from
             the
             Resolutions
             of
             all
             the
             Judges
             the
             18
             of
             February
             1632
             ,
             
               subscribed
               unto
               by
               them
               ,
               in
               the
               presence
               of
               King
            
             Charls
             
               and
               twenty
               Lords
               of
               his
               Counsel
               .
            
          
           
           
             The
             particular
             authorities
             which
             may
             be
             collected
             out
             of
             Sr.
             
               Edward
               Cooks
            
             Notes
             ,
             to
             prove
             that
             the
             Admiral
             of
             England
             hath
             no
             conusance
             of
             things
             done
             within
             the
             Realm
             ,
             but
             only
             of
             things
             done
             upon
             the
             Sea
             ,
             are
             as
             followeth
             ,
             
               
                 1
                 That
                 in
                 the
                 2
                 Rich.
                 2.
                 
                 
                   Hibernici
                   sunt
                   sub
                   Admirallo
                   Angliae
                   ,
                   de
                   facto
                   super
                   alto
                   Mari.
                   
                
              
               
                 2
                 That
                 the
                 7
                 Rich.
                 2.
                 in
                 an
                 Action
                 of
                 trespass
                 brought
                 for
                 a
                 Ship
                 and
                 Merchandises
                 taken
                 away
                 ,
                 the
                 Defendant
                 pleaded
                 that
                 he
                 did
                 take
                 them
                 ,
                 
                   en
                   le
                   haut
                   Mer
                   ,
                   ou
                   les
                   Normans
                   que
                   la
                   enemis
                   la
                   Roy
                   ,
                
                 and
                 it
                 was
                 allowed
                 a
                 good
                 Plea.
                 
              
               
                 3
                 That
                 Fortescue
                 who
                 lived
                 in
                 the
                 time
                 of
                 Hen.
                 the
                 Sixth
                 saith
                 ,
                 
                   Siquae
                   super
                   altum
                   mare
                   extra
                   Corpus
                   Comitatus
                   in
                   placito
                   coram
                   Admirallo
                   deducantur
                   per
                   testes
                   terminari
                   debent
                   .
                
              
               
                 4
                 That
                 Dyer
                 in
                 the
                 time
                 of
                 Queen
                 Mary
                 saith
                 ,
                 That
                 by
                 the
                 Libel
                 in
                 the
                 Admiralty
                 Court
                 ▪
                 the
                 Case
                 is
                 supposed
                 to
                 commence
                 
                   sur
                   le
                   haut
                   mer
                   ,
                   &
                   intra
                   Iurisdictionem
                   de
                   l'
                   Admiralty
                   .
                
              
            
          
           
             To
             these
             authorities
             may
             be
             answered
             in
             general
             ,
             First
             ,
             That
             whereas
             some
             of
             them
             speak
             of
             
               Altum
               Mare
            
             ,
             the
             Statute
             of
             
             the
             13
             of
             Rich.
             2.
             hath
             no
             such
             Attribute
             ,
             but
             mentions
             simply
             the
             Sea.
             
          
           
             2
             That
             the
             same
             Authorities
             granting
             that
             the
             Admiral
             hath
             jurisdiction
             on
             the
             Sea
             ,
             do
             not
             declare
             ,
             much
             less
             conclude
             ,
             that
             he
             hath
             no
             jurisdiction
             elsewhere
             :
             And
             as
             to
             the
             particulars
             ,
          
           
             1
             The
             Authority
             of
             2
             Rich.
             2.
             which
             affirms
             that
             the
             Irish
             were
             subject
             to
             the
             Admiral
             of
             England
             ,
             for
             a
             thing
             done
             on
             the
             Sea
             ,
             mentions
             not
             for
             what
             kinde
             of
             thing
             ,
             and
             happily
             it
             might
             be
             for
             some
             offence
             against
             the
             Crown
             ,
             or
             against
             the
             Peace
             ,
             in
             offering
             violence
             to
             the
             Kings
             Subjects
             ,
             or
             the
             subjects
             of
             his
             Allies
             ;
             and
             in
             such
             Cases
             it
             might
             be
             understood
             ,
             that
             he
             had
             Jurisdiction
             over
             the
             Irish
             ,
             as
             over
             the
             Subjects
             of
             England
             ,
             and
             other
             Nations
             ,
             onely
             extending
             to
             the
             high
             Sea
             ;
             but
             it
             cannot
             from
             thence
             be
             argued
             ,
             but
             that
             if
             it
             were
             a
             business
             concerning
             Navigation
             ,
             or
             Negotiation
             by
             Sea
             ,
             he
             might
             also
             have
             had
             Jurisdiction
             over
             the
             Irish
             ,
             as
             well
             as
             over
             other
             persons
             ,
             not
             onely
             
               super
               alto
               mari
            
             ,
             but
             also
             in
             other
             places
             elsewhere
             .
          
           
             2
             The
             Plea
             to
             the
             Action
             of
             Trespass
             ,
             in
             the
             7
             Rich.
             the
             2.
             might
             be
             
             good
             ,
             and
             allowed
             in
             two
             respects
             ;
             First
             ,
             In
             regard
             the
             thing
             was
             done
             where
             the
             Country
             could
             take
             no
             notice
             ,
             and
             therefore
             no
             Jury
             by
             twelve
             men
             could
             be
             had
             .
             Secondly
             ,
             In
             regard
             the
             Ship
             and
             goods
             were
             taken
             from
             the
             Kings
             Enemies
             ,
             against
             whom
             no
             ●respass
             could
             be
             committed
             ,
             because
             that
             to
             offend
             them
             any
             wayes
             was
             lawfull
             ;
             and
             in
             that
             respect
             the
             Plea
             might
             have
             been
             allowed
             ,
             although
             the
             Ship
             and
             Merchandise
             had
             been
             taken
             in
             a
             Port
             ,
             or
             Navigable
             River
             .
          
           
             3.
             
             Whereas
             Fortescue
             sayes
             ,
             that
             things
             done
             upon
             the
             high
             Sea
             ,
             prosecuted
             before
             the
             Admiral
             ,
             ought
             to
             be
             determined
             according
             to
             the
             Proofs
             made
             by
             Witnesses
             ,
             and
             no
             more
             ,
             Sir
             
               Edward
               Cook
            
             affirms
             ,
             That
             it
             proves
             by
             express
             words
             that
             the
             Admiralty
             is
             confined
             to
             the
             high
             Sea
             :
             Fortescue
             having
             given
             reason
             for
             Trials
             by
             Jury
             ,
             when
             the
             Neighbourhood
             of
             the
             Country
             could
             take
             notice
             of
             the
             business
             ,
             Grants
             that
             for
             things
             done
             in
             other
             places
             ,
             the
             Law
             of
             the
             Kingdome
             doth
             allow
             of
             proofs
             by
             Witnesses
             ,
             as
             in
             Causes
             commenced
             before
             the
             Admiral
             for
             things
             done
             on
             the
             high
             Sea
             ,
             and
             likewise
             before
             
             the
             Constable
             ,
             for
             things
             done
             beyond
             the
             Sea
             ;
             so
             that
             it
             is
             evident
             he
             doth
             no
             more
             expresly
             confine
             the
             Admirals
             Jurisdiction
             to
             the
             high
             Sea
             ,
             than
             he
             doth
             the
             Constables
             to
             places
             beyond
             the
             Sea
             ;
             it
             being
             notorious
             that
             his
             Jurisdiction
             extends
             to
             Deeds
             of
             War
             ,
             and
             Arms
             within
             the
             Land
             ;
             as
             it
             will
             be
             proved
             that
             the
             Admirals
             Jurisdiction
             likewise
             to
             matters
             of
             Navigation
             ,
             and
             Negotiation
             by
             Sea.
             
          
           
             4
             Touching
             the
             Authority
             of
             Dyer
             ,
             that
             by
             Libel
             in
             the
             Admiralty
             Court
             ,
             the
             Case
             is
             surmised
             to
             commence
             ,
             
               Sur
               la
               haut
               mer
               ,
               &c.
               
            
             It
             may
             be
             answered
             ,
             that
             the
             Libels
             in
             the
             Admiralty
             ,
             sometimes
             (
             as
             the
             business
             falls
             out
             )
             declare
             ,
             
               Super
               alto
               mari
               &
               infra
               jurisdictionem
               Curiae
               ,
            
             but
             ordinarily
             Causes
             are
             laid
             onely
             
               intra
               fluxum
               &
               refluxum
               Maris
               &
               Iurisdictionem
               Curiae
               ,
            
             and
             generally
             the
             Causes
             are
             no
             otherwise
             described
             ,
             but
             
               A
               contra
               B.
               in
               causa
               civili
               ,
               &
               Maritima
               .
            
          
        
         
           
           
             
             That
             the
             Admiral
             of
             England
             may
             hold
             Conusance
             of
             Contracts
             ,
             and
             Writings
             made
             at
             Land
             ,
             touching
             business
             of
             Navigation
             and
             Trade
             by
             Sea.
             
          
           
             BY
             an
             ancient
             Record
             in
             the
             Black
             book
             of
             the
             Admiralty
             (
             of
             which
             Mr.
             Selden
             takes
             notice
             )
             it
             appears
             ,
             
             that
             it
             was
             ordained
             by
             King
             Edward
             the
             first
             ,
             and
             his
             Lords
             ,
             at
             
               Hastings
               ,
               Que
               comment
               div●rs
               Seigneurs
               avoient
               francheses
               ,
            
             &c.
             
             
               That
               although
               di●ers
               Lords
               had
               ●ivers
               Franchises
               to
               try
               Pleas
               in
               Ports
               ,
               yet
               that
               neither
               their
               Steward
               ,
               nor
               Bayliffs
               should
               hold
               any
               Plea
               ,
               if
               it
               concerned
               Merc●ant
               or
               Mariner
               ,
               as
               well
               for
               matter
               of
               Fact
               ,
               as
               of
               Ships
               ,
               Obligations
               ,
               and
               other
               D●ed●
            
             ;
             which
             although
             it
             extends
             onely
             to
             inferiour
             Lords
             ,
             yet
             it
             may
             be
             said
             ,
             that
             it
             was
             done
             in
             favour
             of
             the
             Admirals
             Jurisdiction
             ,
             in
             such
             matters
             .
          
           
             Secondly
             ,
             by
             Commissions
             from
             time
             to
             time
             Granted
             by
             the
             Kings
             of
             England
             ,
             to
             the
             Admirals
             ,
             power
             is
             given
             ,
             
               Ad
               cognoscendum
               ,
               &c.
               to
               hold
               the
               Conusance
               of
               Charter-parties
               ,
               
               Policies
               of
               Assurance
               ,
               Bills
               of
               Bottomry
               ,
               Bills
               of
               Lading
               ,
               and
               of
               Sale
               of
               Ships
               .
            
          
           
             Thirdly
             ,
             The
             Causes
             and
             Sutes
             arising
             by
             occasion
             of
             businesses
             contained
             in
             such
             Writings
             have
             in
             all
             observable
             times
             and
             places
             been
             held
             to
             be
             Maritime
             ,
             and
             the
             Conusance
             of
             them
             hath
             been
             allowed
             to
             Martim
             Courts
             ,
             as
             it
             hath
             been
             before
             fully
             shewed
             ;
             and
             it
             may
             be
             further
             considered
             ,
             that
             such
             Contracts
             and
             Writings
             have
             their
             Original
             from
             ancient
             Maritim
             Laws
             ,
             &
             are
             both
             in
             names
             and
             nature
             ,
             things
             forein
             to
             the
             Laws
             of
             this
             Realm
             :
             And
             so
             much
             may
             be
             gathered
             from
             the
             order
             which
             Wes●
             observeth
             in
             his
             Book
             of
             Presidents
             ,
             where
             after
             the
             form
             ▪
             of
             Deeds
             and
             Contracts
             proper
             to
             the
             Common
             Law
             ,
             he
             handles
             those
             which
             concern
             Merchandizing
             and
             Trade
             by
             Sea
             ,
             as
             things
             of
             a
             distinct
             and
             several
             nature
             .
          
           
             Touching
             the
             particulars
             ,
             First
             ,
             Charter-parties
             seem
             to
             have
             been
             derived
             from
             the
             Rhodian
             Laws
             ,
             by
             which
             it
             was
             provided
             ,
             
               Si
               quis
               na●em
               conduxerit
               ,
               instrumenta
               consignata
               sunto
               ,
               If
               any
               man
               shall
               hire
               a
               ship
               ,
               let
               there
               be
               Writings
               drawn
               and
               sealed
               thereupon
               .
            
          
           
             There
             is
             likewise
             mention
             of
             Charter-parties
             
             in
             the
             Role
             of
             Oleron
             ,
             and
             in
             the
             French
             later
             Ordinances
             ,
             made
             for
             the
             reglement
             of
             the
             Admiralty
             of
             France
             ,
             and
             it
             is
             supposed
             that
             no
             mention
             of
             them
             can
             be
             found
             in
             any
             Law
             or
             Statute
             of
             this
             Realm
             ,
             until
             the
             32
             of
             King
             Henry
             the
             8.
             cap.
             14.
             where
             the
             Conusance
             of
             them
             is
             referred
             to
             the
             Admiralty
             ,
             as
             it
             shall
             be
             hereafter
             shewed
             .
             Moreover
             Malines
             confirms
             ,
             that
             anciently
             in
             Charter-parties
             it
             was
             exprest
             ,
             
             
               That
               the
               Contents
               thereof
               should
               be
               understood
               according
               to
               the
               Law
               of
               Oleron
            
             ;
             and
             at
             this
             time
             there
             are
             Clauses
             usually
             inserted
             into
             them
             ,
             enjoyning
             ,
             That
             the
             Merchants
             besides
             the
             payment
             of
             Freight
             ,
             shall
             make
             allowance
             for
             
               Primage
               ,
               Average
            
             and
             Pettelodmenage
             ,
             things
             no
             where
             occurring
             in
             the
             Books
             of
             Common
             Law
             ,
             and
             anciently
             determinable
             by
             the
             Law
             of
             Oleron
             .
          
           
             Secondly
             ,
             Policies
             of
             Assurance
             are
             grounded
             upon
             the
             Civil
             Law
             ,
             which
             alloweth
             an
             Action
             for
             the
             undertaking
             a
             hazard
             which
             is
             doubtfull
             ,
             for
             reward
             or
             consideration
             first
             given
             ,
             which
             is
             commonly
             called
             a
             Praemio
             ,
             they
             are
             of
             later
             Civillians
             called
             
               Sponsiones
               Mercatoriae
            
             ,
             and
             Assecurationes
             ,
             
             which
             Malines
             
             affirms
             ,
             were
             taken
             up
             in
             this
             Kingdome
             from
             the
             Laws
             of
             Oleron
             ,
             practised
             on
             the
             Sea
             coasts
             of
             France
             ,
             but
             it
             is
             manifest
             that
             now
             they
             are
             likewise
             in
             use
             in
             
               Venice
               ,
               Naples
               ,
               Genua
               ,
               Ancona
               ,
               Spain
               ,
            
             and
             Portugal
             ,
             and
             in
             other
             places
             where
             the
             affairs
             of
             the
             Sea
             are
             regulated
             by
             the
             
               Civil
               Law
               ,
               the
               Consolato
               ,
               and
               Laws
               of
               Oleron
               .
            
          
           
             Thirdly
             ,
             Bills
             of
             Bottomry
             ,
             when
             an
             Owner
             ,
             or
             Master
             of
             a
             Ship
             ,
             to
             furnish
             his
             Voyage
             ,
             takes
             up
             money
             upon
             extraordinary
             interest
             to
             be
             paid
             when
             the
             Ship
             arrives
             at
             the
             Port
             appointed
             ,
             and
             thereby
             engages
             his
             Ship
             for
             the
             performance
             of
             the
             same
             ,
             are
             grounded
             on
             the
             ancient
             Grecian
             and
             Roman
             Laws
             .
             
               Iulius
               Pollux
            
             ,
             a
             learned
             Expositor
             of
             tearms
             ,
             or
             words
             used
             amongst
             the
             Grecians
             ,
             calls
             a
             Bill
             of
             this
             kinde
             ,
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             
             
               quae
               de
               nautico
               soenore
               conscripta
               est
               ,
            
             of
             which
             
               nauticum
               foenus
            
             ,
             there
             are
             several
             Titles
             in
             the
             Digest
             and
             Code
             of
             the
             Civil
             Law
             ,
             and
             the
             monies
             so
             lent
             to
             be
             transported
             at
             the
             hazard
             of
             the
             Lender
             ,
             in
             the
             Civil
             law
             is
             called
             
               Pecunia
               trajectitia
            
             ,
             of
             which
             
               Salmatius
               ,
               Pecunia
               trajectitia
               dicitur
               ,
               quae
               trans
               mare
               vehenda
               accipitur
               ,
            
             
             
               &
               usurae
               quae
               ex
               pacto
               in
               eam
               pecuniam
               
               praestantur
               ,
               Maritimae
               ,
               &
               nauticae
               dicuntur
               .
            
          
           
             Fourthly
             ,
             Bills
             of
             sale
             of
             Ships
             are
             made
             conformable
             to
             Maritine
             Laws
             ;
             for
             as
             West
             in
             his
             Presidents
             delivers
             the
             form
             ,
             it
             is
             in
             such
             Bills
             of
             sale
             exprest
             and
             declared
             ,
             That
             he
             that
             sells
             the
             Ship
             bindes
             himself
             ,
             his
             Executors
             ,
             and
             Administrators
             ,
             the
             said
             Ship
             so
             bargained
             and
             sold
             ,
             to
             warrant
             and
             defend
             ,
             against
             all
             men
             ,
             for
             one
             whole
             year
             ,
             and
             a
             day
             ,
             
               according
               to
               the
               Law
            
             of
             Oleron
             ,
             the
             danger
             of
             the
             Sea
             ,
             Fire
             ,
             and
             Enemies
             ,
             onely
             excepted
             .
          
           
             These
             things
             being
             considered
             ,
             it
             may
             be
             thought
             reasonable
             ,
             that
             such
             Contracts
             and
             Writings
             being
             grounded
             upon
             the
             Civil
             Law
             ,
             the
             Laws
             amongst
             Merchants
             ,
             and
             other
             Maritime
             Laws
             ,
             the
             Sutes
             arising
             about
             the
             same
             should
             rather
             be
             determined
             in
             those
             Courts
             ,
             where
             the
             proceedings
             and
             Judgements
             are
             according
             to
             those
             Laws
             ,
             than
             in
             other
             Courts
             which
             take
             no
             notice
             thereof
             .
          
           
             For
             the
             restraining
             of
             the
             Court
             of
             Admiralty
             from
             proceeding
             in
             Sutes
             arising
             from
             such
             Contracts
             and
             Writings
             made
             at
             Land
             ,
             although
             the
             businesses
             
             therein
             contained
             ,
             are
             to
             be
             performed
             at
             Sea
             ,
             amongst
             the
             Authorities
             cited
             by
             Sir
             
               Edward
               Cook
            
             ,
             there
             may
             be
             intended
             appliable
             to
             this
             purpose
             ,
             First
             the
             Act
             of
             Parliament
             of
             the
             15.
             of
             Richard
             the
             2.
             
             Chap.
             15.
             
             Secondly
             ,
             some
             judgements
             given
             ,
             and
             Prohibitions
             granted
             in
             the
             Courts
             of
             Common
             Law
             ,
             concerning
             causes
             of
             this
             sort
             ,
             commenced
             in
             the
             Admiralty
             .
          
           
             Touching
             the
             Statute
             of
             the
             15.
             of
             Richard
             the
             2.
             
             Chap.
             34.
             which
             is
             the
             ground
             of
             the
             main
             Objections
             against
             the
             Admirals
             Jurisdiction
             ,
             it
             may
             be
             conceived
             ,
             That
             whereas
             that
             of
             the
             13.
             
             Chap.
             only
             in
             general
             restrains
             the
             Admirals
             from
             medling
             with
             things
             done
             within
             the
             Realm
             ,
             and
             allows
             them
             to
             meddle
             with
             things
             done
             on
             the
             Sea
             ,
             that
             is
             relating
             to
             the
             Sea
             ,
             This
             Statute
             was
             intended
             to
             declare
             more
             expressly
             ,
             both
             in
             what
             places
             ,
             and
             in
             what
             matters
             they
             should
             not
             meddle
             ,
             And
             touching
             the
             places
             ,
             in
             regard
             
               the
               word
               Realm
            
             ,
             
             
               as
               Sir
            
             Edward
             Cook
             
               observes
               ,
               in
               a
               general
               sence
               extends
               to
               the
               Sea
               within
               the
               Kings
               Dominions
               ,
               as
               well
               as
               to
               the
               Land
               ,
            
             declares
             the
             restraint
             ,
             to
             be
             only
             
               within
               the
               bodies
               of
               Counties
            
             ,
             And
             it
             may
             be
             supposed
             
             that
             he
             intended
             a
             difference
             betwixt
             the
             Bodies
             and
             the
             Extremities
             or
             bounds
             of
             Counties
             ,
             as
             the
             Statute
             of
             the
             3.
             of
             Edward
             1.
             makes
             a
             difference
             betwixt
             things
             done
             
               within
               the
               Shires
               ,
               and
               things
               done
               within
               the
               Marches
               ,
               and
               Borders
               of
               Shires
               ,
            
             whence
             the
             Statute
             of
             the
             5.
             of
             Elizabeth
             ,
             Chap.
             5.
             allows
             to
             the
             Admirals
             Jurisdiction
             ,
             as
             the
             main
             Sea
             ,
             so
             also
             the
             Coasts
             of
             the
             Sea
             ,
             being
             no
             parts
             of
             the
             Bodies
             of
             any
             Counties
             of
             the
             Realm
             ,
             and
             in
             that
             respect
             this
             Statute
             specially
             excepts
             from
             the
             Admirals
             Jurisdiction
             ,
             the
             Conusance
             of
             wreck
             of
             Sea
             ,
             as
             happening
             on
             the
             Coasts
             or
             Shores
             of
             the
             Sea
             ,
             out
             of
             the
             bodies
             of
             any
             Counties
             ,
             so
             that
             as
             to
             the
             place
             ,
             or
             Territory
             of
             the
             restraint
             ,
             this
             Statute
             declares
             it
             streighter
             ,
             than
             that
             of
             the
             13.
             of
             Richard
             the
             second
             .
          
           
             Touching
             the
             matters
             ,
             with
             which
             the
             Admiral
             by
             this
             Statute
             is
             not
             to
             meddle
             within
             the
             bodies
             of
             Counties
             ,
             they
             are
             expressly
             declared
             .
             First
             
               Contracts
               ,
               Pleas
               ,
               and
               Quarrels
               ,
            
             That
             is
             personal
             Actions
             concerning
             Contracts
             ;
             and
             Secondly
             are
             implyed
             matters
             Criminal
             ,
             and
             the
             prosecution
             of
             them
             .
          
           
             Touching
             the
             First
             ,
             which
             concern
             
             this
             Assertion
             ,
             the
             words
             are
             ,
             
               That
               the
               Court
               of
               Almiralty
               hath
               no
               manner
               of
               Conusance
               of
               any
               Contract
               ,
               Plea
               ,
               or
               Quarrel
               ,
               rising
               within
               the
               bodies
               of
               any
               Counties
               ;
               But
               all
               such
               Contracts
               ,
               Pleas
               ,
               and
               Quarrels
               shall
               be
               tried
               ,
               determined
               ,
               and
               remedied
               by
               the
               Common
               Law.
            
             Which
             words
             are
             so
             general
             ,
             that
             it
             is
             pretended
             ,
             they
             ought
             to
             be
             understand
             of
             all
             Contracts
             ,
             and
             Writings
             whatsoever
             ,
             even
             of
             such
             as
             concern
             Sea
             businesses
             ,
             if
             they
             be
             made
             ,
             or
             written
             within
             the
             Bodies
             of
             any
             Countries
             .
          
           
             In
             answer
             whereunto
             ,
             there
             may
             be
             taken
             into
             consideration
             ,
             a
             General
             Rule
             cited
             by
             Sir
             
               Edward
               Cook
            
             ,
             allowed
             as
             he
             saies
             by
             all
             Laws
             ,
             
             in
             construction
             of
             Statutes
             ,
             viz.
             
               Quamvis
               lex
               generaliter
               loquatur
               ,
               restringenda
               tamen
               est
               ,
               ut
               cessante
               ratione
               ,
               &
               ipsa
               cesset
               ,
               cum
               enim
               ratio
               sit
               anima
               ,
               vigorque
               ipsius
               legis
               ,
               non
               videtur
               legislatur
               id
               sensisse
               ,
               quod
               ratione
               caret
               ,
               ●tiamsi
               verborum
               generalitas
               prima
               facie
               aliter
               suadeat
               .
            
             And
             the
             reason
             of
             this
             Statute
             ,
             as
             may
             be
             gathered
             from
             the
             Praeamble
             ,
             as
             the
             Key
             thereof
             ,
             was
             to
             hinder
             the
             Admirals
             encroaching
             of
             divers
             Jurisdictions
             ,
             Franchises
             ,
             and
             Profits
             pertaining
             to
             the
             King
             ,
             and
             other
             Lords
             ,
             besides
             
               those
               they
               
               were
               wont
               or
               ought
               to
               have
               of
               right
            
             ;
             by
             which
             words
             it
             is
             acknowledged
             ,
             that
             the
             Conusance
             of
             some
             ma●ters
             did
             formerly
             belong
             to
             that
             Jurisdiction
             ;
             And
             not
             to
             diminish
             any
             of
             their
             Ancient
             and
             just
             rights
             in
             things
             belonging
             to
             the
             Sea
             ,
             which
             are
             permitted
             ,
             and
             allowed
             to
             the
             Admiral
             ,
             by
             the
             Statute
             of
             the
             15.
             of
             Richard
             2.
             and
             unto
             which
             neither
             the
             Kings
             Courts
             ,
             no●
             the
             Courts
             of
             any
             other
             Lords
             had
             formerly
             before
             this
             Statute
             any
             pretence
             .
          
           
             Sir
             
               Edward
               Cook
            
             in
             his
             Answers
             to
             the
             1.
             
             Objection
             of
             the
             Complaint
             ,
             8●
             .
             Iacobi
             ,
             saith
             ,
             That
             the
             Judges
             acknowledge
             ,
             that
             of
             Contracts
             ,
             Plea●
             ,
             and
             Quarrels
             made
             upon
             the
             Sea
             or
             any
             part
             thereof
             ,
             &c.
             the
             Admiralty
             hath
             and
             ought
             to
             have
             Jurisdiction
             ,
             and
             that
             no
             President
             can
             be
             shewed
             ,
             that
             any
             ●rohibition
             hath
             been
             granted
             for
             any
             Contract
             ,
             Plea
             ,
             or
             Quarrel
             concerning
             any
             Marine
             cause
             made
             or
             done
             upon
             the
             Sea.
             By
             which
             words
             he
             implies
             ,
             that
             although
             the
             Admiral
             had
             and
             ought
             to
             have
             Jurisdiction
             upon
             the
             Sea
             ,
             yet
             it
             was
             only
             concerning
             Marine
             Causes
             ,
             but
             if
             a
             Contract
             ,
             Plea
             ,
             or
             Quarrel
             were
             made
             or
             done
             upon
             the
             Sea
             concerning
             any
             Terrene
             
             Cause
             ,
             or
             matters
             concerning
             businesses
             of
             the
             County
             ,
             a
             Prohibition
             might
             be
             granted
             .
             Now
             it
             may
             seem
             worthy
             of
             Consideration
             ,
             whether
             any
             Reason
             can
             be
             shewed
             why
             the
             Courts
             of
             Common
             Law
             ought
             to
             have
             cognizance
             of
             Contracts
             ,
             Pleas
             ,
             and
             Quarrels
             which
             concern
             Terrene
             Causes
             ,
             or
             Matters
             concerning
             businesses
             of
             the
             County
             ,
             made
             or
             done
             upon
             the
             Sea
             ;
             Yet
             if
             Contracts
             ,
             Pleas
             ,
             or
             Quarrels
             ,
             which
             concern
             Marine
             Causes
             ,
             or
             Matters
             belonging
             to
             the
             Sea
             ,
             be
             made
             or
             done
             within
             the
             Bodies
             of
             Counties
             ,
             the
             Admiral
             ought
             not
             to
             have
             the
             like
             Cognizance
             ,
             And
             if
             no
             reason
             thereof
             can
             be
             shewed
             ,
             how
             according
             to
             the
             general
             Rule
             which
             Sir
             
               Edward
               Cook
            
             delivers
             touching
             the
             Construction
             of
             Statutes
             ,
             the
             common
             Interpretation
             which
             is
             made
             of
             that
             of
             the
             15.
             of
             Richard
             2.
             
             Chap.
             3.
             by
             which
             Contracts
             ,
             Pleas
             ,
             and
             Quarrels
             arising
             within
             the
             Bodies
             of
             Counties
             ,
             are
             extended
             to
             Contracts
             ,
             Pleas
             ,
             or
             Quarrels
             relating
             to
             Marine
             affairs
             ,
             can
             be
             justified
             ,
             the
             reason
             of
             the
             Rule
             being
             ,
             
               Cum
               Ratio
               sit
               anima
               Legis
               ,
               non
               videtur
               Legislator
               id
               sensisse
               ,
               quod
               ratione
               caret
               ,
               etiamsi
               Verborum
               generalitas
               ,
               prima
               facie
               aliter
               suadeat
               .
            
          
           
           
             And
             that
             the
             place
             only
             ,
             where
             a
             Contract
             is
             made
             of
             written
             ,
             should
             alter
             or
             transferr
             the
             Jurisdiction
             to
             the
             Courts
             of
             Common
             Law
             ,
             may
             seem
             very
             unreasonable
             ,
             for
             the
             reasons
             following
             .
          
           
             First
             ,
             for
             that
             Contracts
             ,
             Pleas
             ,
             and
             Quarrels
             ,
             being
             things
             incorporeal
             ,
             or
             matters
             of
             right
             ,
             may
             more
             properly
             be
             said
             to
             arise
             from
             that
             ,
             from
             which
             they
             are
             caused
             ,
             or
             occasioned
             ,
             than
             from
             the
             place
             where
             they
             happen
             to
             be
             made
             ,
             and
             so
             Contracts
             ,
             Pleas
             ,
             and
             Quarrels
             occasioned
             by
             the
             businesses
             of
             the
             County
             ,
             may
             be
             said
             to
             arise
             within
             the
             Body
             of
             the
             County
             ,
             and
             Contracts
             ,
             Pleas
             ,
             and
             Quarrels
             occasioned
             by
             the
             businesses
             of
             the
             Sea
             ,
             may
             be
             said
             to
             arise
             from
             the
             Sea
             ,
             in
             what
             places
             so
             ever
             they
             happen
             to
             be
             made
             ,
             or
             Written
             .
             So
             it
             is
             properly
             said
             ,
             
               Ex
               facto
               jus
               oritur
               ,
               &
               actio
               oritur
               ex
               delicto
               .
            
             Because
             the
             Law
             results
             from
             the
             fact
             ,
             and
             the
             Action
             is
             occasioned
             by
             the
             fault
             .
             So
             where
             the
             Jurisdiction
             of
             the
             Admiral
             of
             France
             ,
             is
             said
             to
             be
             ,
             
               pour
               le
               fait
               de
               la
               Mer
               ,
            
             Mr.
             Selden
             renders
             it
             in
             Latin
             ,
             
             
               ob
               causam
               aliquam
               à
               re
               maritima
               ortam
               ,
            
             and
             Salmatius
             (
             as
             before
             )
             saith
             ,
             
             
               usurae
               propter
               pecuniam
               trajectitiam
               praestandae
               maritimae
               &
               nauticae
               
               vocantur
               ,
               etsi
               nummi
               in
               terris
               dantur
               .
            
          
           
             Secondly
             ,
             that
             the
             end
             of
             a
             Contract
             ,
             being
             to
             have
             something
             performed
             ,
             and
             Pleas
             and
             Quarrels
             are
             occasioned
             by
             the
             non-performance
             ,
             or
             ill
             performance
             of
             the
             same
             ,
             The
             place
             of
             performance
             is
             more
             considerable
             ,
             than
             the
             place
             where
             the
             Contract
             was
             made
             ,
             or
             written
             ;
             So
             Ulpian
             a
             famous
             Roman
             Lawyer
             saith
             ,
             
               Mulier
               exigere
               dotem
               illic
               debet
            
             ,
             
             
               ubi
               maritus
               ●omicilium
               habet
               ,
               non
               ubi
               instrumentum
               dotale
               conscriptum
               est
               ,
               nec
               enim
               id
               genus
               contractus
               est
               ,
               ut
               tam
               eum
               locum
               spectari
               oporteat
               ,
               in
               quo
               instrumentum
               dotis
               actum
               est
               ,
               quam
               locum
               domicilii
               ,
               in
               quem
               mulier
               per
               conditionem
               matrimonii
               reditura
               erat
               ,
               When
               a
               Dowry
               is
               to
               be
               restored
               to
               a
               Wife
               ,
               after
               her
               Husbands
               death
               or
               divorce
               ,
               it
               is
               not
               to
               be
               estimated
               ,
               according
               to
               the
               value
               of
               things
               where
               the
               instrument
               or
               deed
               of
               the
               Dowry
               was
               made
               ,
               but
               according
               to
               the
               value
               of
               the
               place
               where
               the
               Dowry
               was
               to
               be
               made
               good
               ,
               that
               is
               the
               place
               ,
               where
               her
               Husband
               lived
               .
            
          
           
             Thirdly
             ,
             for
             that
             if
             the
             Question
             be
             whether
             a
             Maritime
             Contract
             were
             made
             or
             no
             ,
             it
             may
             be
             determined
             by
             a
             jury
             of
             the
             place
             ,
             But
             if
             the
             Plea
             or
             Sute
             be
             (
             as
             most
             commonly
             it
             is
             )
             whether
             
             the
             Contract
             be
             performed
             ,
             or
             not
             performed
             ,
             it
             cannot
             be
             determined
             but
             upon
             proofs
             ,
             made
             from
             the
             place
             of
             performance
             ,
             of
             which
             the
             Vicinage
             to
             the
             place
             where
             the
             Contract
             was
             made
             ,
             can
             take
             no
             notice
             ,
             and
             therefore
             it
             is
             improbable
             that
             the
             Statute
             should
             intend
             that
             such
             Sutes
             should
             be
             tried
             ,
             discussed
             ,
             and
             determined
             only
             by
             the
             Courts
             and
             course
             of
             Common
             Law.
             
          
           
             Fourthly
             ,
             the
             Common
             Law
             is
             not
             so
             strict
             ,
             but
             that
             according
             to
             the
             nature
             of
             the
             business
             ,
             it
             allows
             Jurisdiction
             to
             other
             Courts
             ;
             For
             although
             Promises
             and
             Contracts
             of
             money
             ,
             are
             generally
             Pleadable
             in
             the
             Courts
             of
             the
             Common
             Law
             ,
             
             yet
             as
             Bracton
             writes
             ,
             
               causae
               de
               rebus
               promissis
               ob
               causam
               matrimonii
               ,
               in
               foro
               Ecclesiastico
               terminari
               debent
               ,
               quia
               cujus
               juris
               ,
               id
               ,
               &
               jurisdictionis
               ,
               est
               principale
               ,
               ejusdem
               erit
               accessorium
            
             ;
             And
             in
             an
             other
             place
             he
             gives
             a
             reason
             for
             the
             same
             ,
             
               quia
               semper
               videndum
               propter
               quid
               aliquid
               sit
               ,
               vel
               promittatur
               .
            
             And
             again
             ,
             although
             Sutes
             touching
             Tenures
             and
             Services
             belong
             to
             the
             same
             Courts
             of
             Common
             Law
             ,
             
             yet
             Littleton
             shews
             ,
             That
             if
             
               Tenants
               in
               Franck
               Almain
               ,
               fail
               to
               perform
               divine
               Service
               ,
               the
               Lord
               may
               complain
               thereof
               to
               
               the
               Ordinary
            
             ;
             and
             Sir
             
               Edw.
               Cook
            
             in
             his
             Comment
             thereupon
             observes
             ,
             that
             the
             
               Law
               doth
               appoint
               every
               thing
               to
               be
               done
               ,
               by
               those
               to
               whose
               Office
               it
               properly
               appertaineth
               ,
               and
               so
               saith
               he
               ,
               the
               Lord
               hath
               remedy
               for
               his
               Divine
               Service
               (
               albeit
               it
               issue
               out
               of
               temporal
               Lands
               )
               in
               foro
               Ecclesiastico
               ,
               by
               the
               Ecclesiastical
               Court.
            
             And
             certainly
             if
             what
             constructions
             are
             made
             of
             the
             Law
             ,
             were
             made
             of
             this
             Statute
             ,
             it
             would
             be
             more
             easily
             admitted
             ,
             That
             a
             Maritime
             Contract
             ,
             although
             made
             ,
             or
             written
             within
             the
             County
             ,
             should
             be
             tried
             before
             the
             Judge
             of
             the
             Admiralty
             ,
             whose
             Office
             it
             is
             to
             determine
             Maritime
             causes
             .
          
           
             Thirdly
             ,
             For
             the
             better
             discerning
             of
             the
             meaning
             of
             this
             Statute
             ,
             it
             is
             offered
             to
             consideration
             what
             hath
             been
             the
             sense
             of
             Parliaments
             in
             preceding
             and
             subsequent
             Statutes
             ;
             as
             first
             in
             the
             Statute
             of
             the
             Staple
             made
             in
             the
             27
             of
             Edw.
             the
             3.
             in
             3
             Chap.
             where
             it
             is
             declared
             ,
             
               That
               the
               Mayors
               and
               Constables
               of
               the
               Staple
               ,
               shall
               have
               Iurisdiction
               and
               Conusance
               within
               the
               Towns
               where
               the
               Staple
               shall
               be
               ,
               of
               all
               manner
               of
               things
               touching
               the
               Staple
               ,
               which
               shall
               be
               ruled
               by
               the
               Law
               Merchant
               ,
               and
               not
               by
               the
               Common
               Law
               of
               
               the
               Land
               ,
               nor
               by
               the
               usage
               of
               Cities
               ,
               Burroughs
               ,
               or
               other
               Towns
               ,
               &c.
               
            
             So
             that
             all
             manner
             of
             Contracts
             and
             Covenants
             made
             betwixt
             Merchant
             ,
             and
             Merchant
             or
             other
             ,
             where
             one
             party
             is
             a
             Merchant
             ,
             whether
             
               the
               Contract
               be
               made
               within
               the
               Staple
               ,
               or
               without
               ,
            
             the
             Plaintiff
             may
             sue
             his
             action
             or
             Quarrel
             before
             the
             Justices
             of
             the
             Staple
             by
             the
             Law
             of
             the
             Staple
             ,
             unless
             he
             make
             choice
             to
             sue
             in
             some
             other
             place
             of
             the
             Common
             Law
             ;
             from
             which
             may
             be
             observed
             ,
             First
             ,
             That
             the
             Merchants
             businesses
             ,
             by
             the
             Judgement
             of
             the
             Parliament
             ,
             were
             held
             fitter
             to
             be
             regulated
             by
             a
             special
             Law
             ,
             viz.
             the
             Law-merchant
             ,
             than
             by
             the
             common
             Laws
             or
             customes
             of
             the
             Countries
             .
             Secondly
             ,
             That
             where
             Contracts
             or
             Covenants
             did
             concern
             Merchandize
             ,
             or
             matters
             belonging
             to
             the
             Staple
             ,
             it
             was
             not
             thought
             considerable
             ,
             to
             point
             of
             Jurisdiction
             ,
             whether
             the
             Contract
             or
             Covenant
             were
             made
             within
             or
             without
             the
             precincts
             of
             the
             Staple
             .
          
           
             The
             susequent
             Statutes
             are
             that
             of
             the
             32
             of
             Hen.
             8.
             
             Chap.
             14.
             which
             declares
             that
             the
             Court
             of
             Admiralty
             may
             hold
             plea
             of
             Charter-parties
             ;
             and
             that
             of
             the
             43
             of
             
               Elizabeth
               ,
               Chap.
            
             12.
             which
             
             hinders
             the
             Courts
             of
             common
             Law
             from
             medling
             with
             Policies
             of
             Assurance
             ,
             which
             two
             things
             are
             the
             main
             matters
             endeavoured
             to
             be
             maintained
             by
             the
             Statute
             of
             the
             15
             of
             Rich.
             the
             2.
             to
             belong
             to
             the
             Conusance
             of
             the
             Courts
             of
             common
             Law
             ,
             because
             they
             are
             usually
             made
             at
             Land
             ,
             within
             the
             bodies
             of
             Counties
             .
          
           
             The
             Statute
             of
             the
             32
             of
             Hen.
             8.
             
             Ch.
             14.
             prohibiting
             the
             employment
             of
             Forein
             ships
             ,
             ordained
             ,
             concerning
             the
             shipping
             of
             this
             Kingdome
             ,
             
               That
               the
               Owners
               ,
               or
               Masters
               make
               their
               departure
               from
               the
               Port
               of
            
             London
             ,
             
               after
               the
               Freighting
               ,
               or
               Lading
               of
               the
               Ship
               ,
               as
               soon
               as
               wind
               and
               weather
               wil
               serve
               ,
               according
               to
               the
               Charter-party
               made
               betwixt
               the
               Owner
               ,
               or
               Master
               ,
               and
               the
               Merchants
               ,
               without
               protracting
               of
               time
               ,
               and
               also
               that
               they
               ,
               and
               every
               of
               them
               to
               his
               power
               ,
               shall
               see
               and
               provide
               that
               all
               Wares
               and
               Merchandises
               ,
               which
               shall
               be
               by
               the
               said
               Merchants
               ,
               and
               their
               servants
               brought
               into
               any
               Ship
               or
               Vessel
               ,
               shall
               be
               honestly
               and
               in
               good
               order
               saved
               and
               kept
               ;
               Provided
               alwayes
               ,
               that
               if
               any
               Merchant
               stranger
               ,
               or
               other
               ,
               finde
               himself
               grieved
               ,
               or
               damnified
               ,
               by
               negligent
               keeping
               of
               his
               Wares
               ,
               or
               Merchandises
               ,
               or
               by
               long
               delaying
               ,
               or
               protracting
               
               of
               time
               ,
               in
               making
               of
               the
               Voyage
               ,
               by
               the
               said
               Owner
               ,
               his
               Master
               ,
               or
               any
               of
               the
               Mariners
               of
               the
               said
               Ship
               ,
               otherwise
               than
               shall
               be
               agreed
               in
               ,
               or
               by
               the
               said
               Charter-party
               ,
               not
               having
               been
               le●ten
               by
               wind
               or
               weather
               ,
               he
               shall
               and
               may
               have
               his
               remedy
               by
               way
               of
               complaint
               ,
               before
               the
               Lord
               Admiral
               of
            
             England
             
               for
               the
               time
               being
               ,
               his
               Lieutenant
               ,
               or
               Deputy
               ,
               against
               the
               said
               Owners
               or
               Masters
               ,
               who
               shall
               or
               may
               summarily
               ,
               and
               without
               delay
               take
               such
               order
               therein
               ,
               as
               shall
               be
               thought
               to
               their
               discretions
               most
               convenient
               ,
               and
               according
               to
               right
               and
               justice
               in
               that
               behalf
               .
            
             It
             is
             true
             ,
             that
             the
             Cases
             exprest
             ,
             are
             for
             the
             Merchants
             to
             recover
             satisfaction
             for
             delay
             ,
             or
             damage
             done
             to
             their
             goods
             ,
             according
             to
             the
             Charter-party
             from
             the
             Owners
             ,
             and
             the
             Masters
             of
             Ships
             ;
             and
             it
             were
             very
             unreasonable
             ,
             if
             the
             Master
             or
             Owner
             having
             d●ely
             performed
             their
             Voyage
             ,
             might
             not
             seek
             the
             like
             remedy
             before
             the
             same
             Judge
             against
             the
             Merchants
             ,
             not
             observing
             the
             Charter-party
             ,
             either
             in
             not
             Lading
             their
             goods
             within
             the
             time
             appointed
             ,
             or
             not
             paying
             the
             Freight
             according
             to
             agreement
             in
             the
             same
             contained
             and
             exprest
             ,
             the
             causes
             being
             
               hinc
               inde
            
             reciprocal
             ,
             and
             it
             being
             sometimes
             
             held
             an
             absurdity
             ,
             
               Illud
               quod
               in
               uno
               eodemque
               judicio
               terminari
               potest
               ,
               apud
               diversos
               Iudices
               ventilari
               .
            
          
           
             The
             Statute
             of
             the
             43
             of
             
               Elizabeth
               ,
               Chap.
            
             12.
             declares
             ,
             
               That
               whereas
               differences
               growing
               upon
               Policies
               of
               Assurance
               had
               been
               ordered
               by
               discreet
               Merchants
               ,
               approved
               by
               the
               Lord
               Mayor
               ,
               who
               did
               speedily
               decide
               those
               Causes
               ,
               until
               that
               of
               late
               years
               ,
               divers
               persons
               did
               withdraw
               themselves
               from
               that
               arbitrary
               course
               ,
               and
               have
               sought
               to
               draw
               the
               parties
               assured
               ,
               to
               seek
               their
               monies
               of
               every
               several
               assurers
               by
               Sules
               commenced
               in
               her
               Majesties
               Courts
               ,
               to
               their
               great
               charges
               ,
               and
               delay
               ,
               thereupon
               it
               was
               enacted
               ,
               that
               a
               Commission
               should
               be
               granted
               ,
               giving
               power
               to
               certain
               Commissioners
            
             (
             the
             first
             whereof
             is
             the
             Judge
             of
             the
             Admiralty
             )
             
               to
               order
               and
               decree
               such
               Causes
               ,
               in
               a
               brief
               and
               summary
               course
               ,
               without
               formalities
               of
               pleadings
               and
               proceedings
               .
               Malines
            
             affirms
             ,
             
             that
             he
             amongst
             others
             ,
             was
             one
             who
             upon
             experience
             of
             the
             great
             inconveniences
             which
             followed
             upon
             the
             drawing
             of
             those
             Causes
             ,
             to
             the
             Courts
             of
             Common
             Law
             ,
             solicited
             the
             Parliament
             to
             pass
             that
             Act.
             
          
           
             The
             Legal
             authorities
             which
             may
             be
             conceived
             to
             be
             intended
             to
             debar
             
             the
             Admiral
             from
             the
             Conusance
             of
             Contracts
             ,
             and
             writings
             made
             at
             Land
             ,
             touching
             things
             to
             be
             performed
             at
             Sea
             ,
             or
             such
             as
             shew
             that
             since
             the
             making
             of
             the
             Statute
             of
             the
             15
             of
             Rich.
             2.
             
             Chap.
             3.
             and
             not
             before
             ,
             the
             Courts
             of
             Common
             Law
             have
             admitted
             ,
             and
             held
             Pleas
             of
             Charter-parties
             ,
             of
             Policies
             of
             Assurance
             ,
             and
             declared
             something
             concerning
             Mariners
             wages
             .
             Touching
             Charter-parties
             ,
             it
             is
             shewed
             first
             that
             in
             the
             31
             of
             Hen.
             6.
             an
             Action
             was
             brought
             upon
             the
             Statute
             ,
             of
             double
             damages
             ,
             by
             
               William
               Hore
            
             against
             
               Ieffery
               Unton
            
             ,
             who
             had
             sued
             the
             said
             Hore
             in
             the
             Admiralty
             for
             fourscore
             pounds
             upon
             a
             Charter-party
             of
             Freightment
             of
             a
             Ship
             of
             the
             said
             Ieffryes
             ,
             imployed
             to
             go
             towards
             Island
             ,
             in
             regard
             ,
             
               Contractus
               ille
               apud
               novam
               Sarum
               infra
               corpus
               Comitatus
               ,
               &
               non
               super
               altum
               mare
               factus
               ,
               &
               junctus
               fuit
            
             ;
             whereupon
             damages
             were
             assessed
             against
             the
             Defendant
             to
             an
             hundred
             Marks
             ,
             and
             costs
             to
             40
             l.
             
          
           
             Again
             ,
             that
             in
             the
             28
             of
             Elizabeth
             in
             the
             Kings
             Bench
             ,
             upon
             a
             Charter-party
             ,
             by
             a
             Deed
             indented
             which
             was
             made
             at
             Thetford
             in
             the
             County
             of
             
               Norfolk
               ,
               Euangelist
               Constantine
            
             sued
             
               Hugh
               Glynn
            
             ,
             
             for
             the
             breach
             of
             Covenant
             ,
             in
             not
             staying
             at
             Mu●trel
             in
             Spain
             so
             many
             dayes
             as
             were
             limited
             by
             the
             Covenant
             ,
             whereupon
             he
             was
             condemned
             in
             500
             l.
             and
             in
             arrest
             of
             Judgement
             it
             being
             shewed
             ,
             That
             the
             issue
             did
             arise
             out
             of
             a
             place
             in
             a
             Forein
             Kingdome
             from
             whence
             no
             Jury
             by
             Twelve
             men
             might
             be
             had
             ,
             and
             that
             therefore
             the
             trial
             was
             not
             sufficient
             ,
             Sir
             
               Christopher
               Wray
            
             ,
             and
             the
             whole
             Bench
             resolved
             ,
             that
             the
             Plaintiff
             should
             recover
             500
             l.
             besides
             the
             costs
             and
             damages
             ,
             because
             the
             Charter-party
             was
             made
             at
             Thetford
             within
             the
             Realm
             .
          
           
             Concerning
             Policies
             of
             Assurance
             ,
             That
             in
             the
             38
             of
             Hen.
             8.
             in
             a
             Case
             betwixt
             Crane
             and
             Be●l
             ,
             touching
             a
             promise
             made
             at
             Dartmouth
             ,
             That
             the
             Ship
             should
             pass
             without
             taking
             ,
             which
             was
             afterwards
             surprized
             by
             the
             Spaniard
             upon
             the
             high
             Sea
             ,
             it
             was
             held
             not
             determinable
             in
             the
             Admiralty
             ,
             for
             although
             the
             taking
             were
             upon
             the
             Sea
             ,
             yet
             the
             promise
             was
             upon
             the
             Land.
             
          
           
             Again
             ,
             that
             in
             the
             36
             of
             Elizabeth
             ,
             an
             Action
             of
             the
             Case
             was
             brought
             in
             the
             Kings
             Bench
             upon
             an
             Assumpsit
             ,
             from
             a
             Policy
             of
             Assurance
             ,
             where
             it
             was
             
             undertaken
             ,
             That
             a
             Ship
             should
             sail
             safely
             from
             
               Melcomb
               Regis
            
             to
             Abbevil
             in
             France
             ,
             the
             Ship
             being
             arrested
             by
             the
             French
             King
             in
             the
             River
             of
             Somme
             ,
             in
             the
             Realm
             of
             France
             ,
             and
             the
             matter
             was
             there
             adjudged
             :
             ●o
             which
             may
             be
             added
             what
             Sr
             
               Ed.
               Cook
            
             delivers
             for
             Law
             in
             Dowdales
             case
             ,
             
               Cum
               combein
               le
               contract
               comme
               le
               performance
               ,
               &c.
            
             when
             
               as
               well
               the
               Contract
               as
               the
               performance
               of
               it
               ,
               is
               wholy
               done
               beyond
               the
               Sea
               ,
               and
               it
               so
               appears
               ,
               the
               Trial
               fails
               at
               the
               Common
               Law
            
             :
             But
             here
             ,
             saith
             he
             ,
             the
             Assumpsit
             was
             made
             at
             London
             ,
             which
             is
             the
             ground
             and
             foundation
             of
             the
             Action
             ,
             and
             therefore
             the
             Trial
             of
             necessity
             shall
             be
             there
             ,
             or
             otherwise
             it
             shall
             not
             be
             tryed
             at
             all
             ;
             and
             the
             Arrest
             which
             is
             in
             issue
             is
             not
             the
             ground
             of
             the
             Action
             ,
             but
             the
             Assumpsit
             ,
             &c.
             
          
           
             Touching
             Mariners
             wages
             is
             ,
             that
             of
             the
             Book
             of
             48
             of
             Edw.
             3.
             where
             it
             is
             said
             ,
             That
             if
             a
             Mariner
             make
             a
             Covenant
             with
             one
             to
             serve
             in
             a
             Ship
             on
             the
             Sea
             ,
             yet
             if
             his
             wages
             be
             not
             paid
             they
             shall
             be
             demanded
             in
             that
             Court
             ,
             by
             the
             Common
             Law
             ,
             
               Nemy
               per
               ley
               Mariner
            
             .
          
           
             To
             these
             Authorities
             it
             may
             be
             replied
             in
             general
             ,
             that
             all
             ,
             but
             the
             last
             ,
             are
             grounded
             upon
             the
             commonly
             received
             
             sense
             of
             the
             Statute
             of
             the
             15.
             
             Rich.
             2.
             that
             the
             Contract
             doth
             rise
             only
             there
             ,
             where
             it
             is
             made
             or
             written
             ,
             with
             out
             any
             respect
             to
             the
             nature
             of
             the
             business
             ,
             and
             the
             occasion
             thereof
             ,
             from
             whence
             in
             truth
             it
             doth
             more
             properly
             arise
             ;
             And
             whereas
             other
             acts
             of
             Parliament
             have
             in
             some
             special
             points
             ordained
             and
             declared
             otherwise
             ,
             it
             may
             be
             hoped
             that
             it
             may
             not
             be
             held
             a
             crime
             unexcusable
             ,
             if
             a
             man
             should
             doubt
             of
             the
             reasonableness
             of
             those
             authorities
             .
          
           
             Touching
             the
             particulars
             ,
             As
             First
             of
             the
             31.
             of
             Henry
             6.
             betwixt
             Hore
             and
             Unton
             ,
             wherein
             double
             Dammages
             were
             given
             for
             suing
             in
             the
             Admiralty
             Court
             upon
             a
             Charter-party
             ,
             it
             is
             said
             ,
             that
             the
             Sute
             was
             upon
             a
             Charter-party
             of
             Freightment
             ,
             for
             four
             score
             pounds
             ,
             It
             doth
             not
             appear
             that
             it
             was
             for
             the
             freight
             of
             the
             Ship
             ,
             although
             it
             be
             most
             probable
             ;
             and
             if
             it
             were
             so
             ,
             why
             the
             Master
             of
             the
             Ship
             should
             not
             as
             well
             sue
             for
             his
             freight
             ,
             by
             virtue
             of
             the
             Statute
             of
             the
             32.
             of
             Hen.
             8.
             as
             the
             Merchant
             by
             vertue
             of
             the
             same
             Statute
             ,
             might
             sue
             in
             the
             Admiralty
             for
             dammage
             done
             to
             his
             goods
             ,
             aboard
             a
             Ship
             ,
             contrary
             to
             the
             Charter-party
             ,
             without
             any
             respect
             to
             
             the
             place
             where
             it
             was
             made
             ?
             if
             no
             reason
             can
             be
             shewed
             ,
             that
             Judgment
             may
             be
             thought
             not
             to
             have
             been
             grounded
             so
             much
             upon
             reason
             as
             it
             was
             upon
             the
             common
             received
             opinion
             of
             the
             meaning
             of
             that
             Statute
             ,
             as
             it
             is
             therein
             related
             ,
             
               quia
               contractus
               ille
               apud
               novam
               Sarum
               ,
               factus
               &
               junctus
               fuit
               .
            
             Touching
             that
             of
             the
             28.
             of
             Elizabeth
             ,
             whereby
             Glynn
             was
             condemned
             to
             Constantine
             for
             breach
             of
             Covenant
             ,
             in
             a
             Charter-party
             ,
             in
             the
             summ
             of
             500.
             l.
             it
             seems
             a
             Case
             far
             more
             reasonable
             ,
             though
             something
             grievous
             ,
             because
             it
             is
             not
             denied
             ,
             but
             that
             a
             sute
             upon
             a
             Charter-party
             may
             be
             commenced
             at
             the
             Common
             Law
             ,
             upon
             a
             penalty
             ,
             as
             it
             seems
             that
             was
             ,
             for
             breach
             of
             Covenant
             ,
             in
             not
             staying
             at
             Madrill
             ,
             so
             many
             dayes
             as
             were
             limitted
             by
             the
             Charter-party
             ,
             Only
             that
             is
             thought
             no
             concluding
             argument
             ,
             against
             a
             sute
             in
             the
             Admiralty
             for
             freight
             grounded
             on
             a
             Charter-party
             ;
             But
             whereas
             when
             in
             the
             Arrest
             of
             judgment
             ,
             it
             was
             alleged
             that
             the
             Trial
             was
             not
             sufficient
             ,
             because
             the
             issue
             did
             arise
             out
             of
             a
             place
             in
             a
             Forein
             Kingdome
             ,
             from
             whence
             no
             Jury
             ,
             by
             Twelve
             men
             might
             be
             had
             ,
             Sir
             
               Edw.
               Cook
            
             sayes
             that
             Sir
             
               Christopher
               Wray
            
             and
             
             the
             whole
             bench
             resolved
             ,
             That
             the
             Plaintiff
             should
             recover
             cost
             ,
             and
             dammages
             ,
             because
             the
             Charter-party
             was
             made
             at
             Thetford
             in
             Norfolk
             ,
             within
             the
             Realm
             ,
             it
             is
             as
             much
             as
             if
             Sir
             
               Edw.
               Cook
            
             had
             said
             ,
             that
             whether
             the
             suggestion
             in
             the
             issue
             ,
             were
             true
             or
             false
             ,
             tryed
             by
             a
             competent
             ,
             or
             incompetent
             Jury
             ,
             yet
             if
             the
             sute
             were
             brought
             upon
             a
             Charter-party
             ,
             the
             Conusance
             thereof
             did
             belong
             to
             the
             Common
             Law
             ,
             and
             whether
             the
             former
             Judges
             ,
             had
             proceeded
             well
             or
             not
             ,
             was
             not
             material
             ,
             so
             that
             what
             is
             premised
             formerly
             touching
             Judgments
             and
             judicial
             Acts
             ,
             in
             the
             First
             Chap.
             may
             from
             this
             case
             be
             excused
             .
          
           
             And
             as
             touching
             the
             infinite
             prohibitions
             granted
             upon
             sutes
             commenced
             in
             the
             Admiralty
             concerning
             Charter-parties
             ,
             there
             may
             be
             something
             declared
             ,
             and
             made
             appear
             reasonable
             hereafter
             ,
             in
             an
             other
             place
             .
          
           
             As
             to
             the
             instances
             of
             Policies
             of
             assurance
             held
             tryable
             at
             the
             Common
             Law
             ,
             although
             by
             the
             Statute
             of
             the
             43.
             of
             Elizabeth
             ,
             it
             hath
             been
             shewed
             ,
             that
             the
             proceedings
             in
             those
             causes
             at
             the
             Common
             Law
             ,
             were
             altogether
             inconvenient
             to
             the
             Kingdome
             ,
             yet
             in
             regard
             
             Sir
             
               Edward
               Cooks
            
             reasons
             in
             Dowdales
             case
             for
             the
             maintaining
             of
             proceedings
             in
             such
             businesses
             ,
             may
             be
             applyed
             to
             other
             matters
             ,
             to
             the
             prejudice
             of
             the
             Admiralty
             Jurisdiction
             ,
             something
             may
             be
             observed
             concerning
             the
             same
             ,
             in
             Sir
             
               Edward
               Cooks
            
             reasons
             ,
             as
             first
             ,
             That
             the
             Assumpsit
             is
             the
             ground
             ,
             and
             foundation
             of
             the
             Action
             ,
             and
             that
             the
             Arrest
             ,
             or
             Imbargo
             in
             that
             case
             had
             been
             no
             ground
             of
             an
             Action
             ,
             if
             there
             had
             been
             no
             Assumpsit
             ,
             neither
             could
             the
             Assumpsit
             have
             produc'd
             an
             Action
             ,
             if
             there
             had
             not
             been
             an
             Arrest
             .
             But
             what
             was
             the
             nearest
             ,
             and
             immediate
             ground
             of
             the
             Action
             ?
             without
             doubt
             ,
             the
             Arrest
             ,
             And
             what
             was
             chiefly
             in
             question
             ?
             not
             the
             Assumpsit
             ,
             for
             it
             was
             taken
             for
             granted
             ,
             that
             that
             was
             done
             in
             London
             ;
             but
             it
             was
             the
             Arrest
             ,
             which
             (
             as
             it
             was
             declared
             )
             was
             in
             issue
             ;
             And
             it
             is
             likely
             that
             the
             Common
             Law
             which
             intended
             a
             Trial
             of
             the
             Vicinage
             ,
             intended
             it
             of
             the
             thing
             or
             matter
             which
             was
             in
             issue
             ,
             to
             be
             tried
             .
             But
             he
             further
             argues
             ,
             That
             the
             Trial
             must
             be
             of
             necessity
             where
             the
             Assumpsit
             is
             made
             ,
             for
             otherwise
             there
             could
             have
             been
             no
             Trial
             ,
             at
             the
             Common
             Law
             ,
             which
             might
             have
             savour'd
             of
             
             some
             reason
             ,
             If
             possibly
             there
             could
             have
             been
             no
             Trial
             in
             any
             other
             Court
             ,
             but
             the
             Cause
             being
             Maritime
             ,
             and
             amongst
             Merchants
             ,
             it
             might
             more
             properly
             ,
             have
             been
             tried
             in
             the
             Admiralty
             or
             in
             the
             Assurance
             Court
             ,
             without
             a
             Jury
             ,
             or
             Trial
             of
             Twelve
             men
             ,
             by
             witnesses
             ,
             as
             Fortescue
             acknowledgeth
             .
          
           
             Thirdly
             ,
             touching
             that
             of
             the
             Book
             of
             48.
             of
             Edward
             the
             3.
             where
             it
             is
             said
             ,
             That
             if
             a
             Mariner
             make
             Covenant
             only
             to
             serve
             in
             a
             Ship
             on
             the
             Sea
             ,
             yet
             if
             the
             wages
             be
             not
             paid
             ,
             they
             shall
             be
             demanded
             in
             that
             Court
             ,
             by
             the
             Common
             Law
             ,
             not
             by
             the
             Law
             Mariner
             ,
             the
             occasion
             was
             ,
             that
             an
             action
             of
             debt
             being
             b●ought
             at
             the
             Common
             Law
             ,
             upon
             an
             Obligation
             dated
             at
             
               Harflet
               in
               Kent
            
             ,
             whereas
             in
             truth
             it
             was
             made
             in
             Normandy
             ,
             and
             the
             consideration
             was
             Service
             done
             in
             Warr
             in
             France
             ,
             thereupon
             one
             of
             the
             Judges
             said
             ,
             That
             the
             summ
             demanded
             growing
             due
             for
             Service
             done
             in
             Warr
             ,
             the
             Cause
             ought
             to
             be
             tryed
             in
             the
             Constable
             ,
             and
             Marshals
             Court
             ;
             Another
             (
             as
             it
             seems
             willing
             to
             retain
             the
             cause
             )
             said
             t●at
             he
             hired
             a
             man
             to
             go
             in
             a
             message
             to
             Rome
             ,
             although
             the
             service
             were
             done
             in
             another
             Realm
             ,
             yet
             what
             was
             due
             by
             
             covenant
             ,
             might
             be
             recovered
             in
             that
             Court
             ;
             Another
             said
             ,
             if
             a
             Mariner
             make
             a
             Covenant
             with
             one
             to
             serve
             in
             a
             Ship
             on
             the
             Sea
             ,
             yet
             if
             his
             wages
             be
             not
             paid
             ,
             they
             shall
             be
             demanded
             by
             the
             Common
             Law
             ,
             &c.
             
             So
             that
             it
             is
             plain
             it
             was
             not
             a
             Resolution
             of
             the
             Court
             ,
             but
             a
             
               fuit
               dic
            
             ,
             as
             they
             say
             ,
             and
             one
             mans
             opinion
             ,
             by
             way
             of
             argument
             to
             another
             purpose
             ;
             And
             the
             ground
             thereof
             might
             be
             ,
             that
             if
             it
             were
             in
             issue
             whether
             such
             a
             Covenant
             were
             made
             ,
             it
             might
             be
             tryed
             at
             the
             Common
             Law
             ,
             but
             it
             doth
             not
             conclude
             but
             that
             if
             the
             Question
             were
             ,
             whether
             the
             service
             in
             the
             Ship
             were
             performed
             on
             the
             Sea
             ,
             it
             might
             more
             properly
             be
             tryed
             in
             the
             Admiralty
             Court.
             
          
           
             For
             confirmation
             on
             this
             point
             .
          
           
             First
             ,
             To
             the
             4.
             
             Request
             of
             the
             Judge
             of
             the
             Admiralty
             to
             the
             Lord
             Chief
             Justice
             of
             the
             Kings
             Bench
             12.
             
             May
             ,
             1575.
             viz.
             That
             the
             Judge
             of
             the
             Admiralty
             may
             have
             and
             enjoy
             the
             knowledge
             of
             the
             breach
             of
             Charter-parties
             made
             between
             Masters
             of
             Ships
             and
             Merchants
             for
             voyages
             to
             be
             made
             to
             the
             parts
             beyond
             the
             Sea
             ,
             according
             as
             it
             hath
             been
             accustomed
             ,
             time
             out
             of
             mind
             ,
             and
             according
             to
             the
             good
             meaning
             of
             the
             Statute
             
             of
             32.
             
             Hen.
             8.
             chap.
             14.
             though
             the
             same
             Charter-parties
             be
             made
             with
             in
             the
             Realm
             ,
             The
             answer
             is
             ,
             
               This
               is
               agreed
               upon
               for
               things
               to
               be
               performed
               upon
               ,
               or
               beyond
               the
               Seas
               ,
               though
               the
               Charter-party
               be
               made
               upon
               the
               Land
               ,
               by
               the
               Statute
               of
            
             32.
             
             Hen.
             8.
             chap.
             14.
             
          
           
             Secondly
             ,
             it
             was
             agreed
             unto
             by
             all
             the
             Judges
             and
             Attorney
             General
             before
             the
             King
             and
             his
             Counsel
             ,
             
               That
               if
               a
               Sute
               be
               before
               the
               Admiral
               ,
               for
               Freight
               or
               Mariners
               wages
               ,
               or
               for
               breach
               of
               Charter-parties
               for
               Voyages
               to
               be
               made
               beyond
               the
               Sea
               ,
               although
               the
               Charter-parties
               happen
               to
               be
               made
               with
               in
               the
               Realm
               ,
               and
               although
               the
               money
               be
               payable
               within
               the
               Realm
               ,
               so
               as
               the
               penalty
               be
               not
               demanded
               ,
               a
               Prohibition
               is
               not
               to
               be
               granted
               .
            
             But
             if
             the
             Sute
             be
             for
             the
             penalty
             ,
             or
             if
             the
             Question
             be
             made
             whether
             the
             Charter-party
             were
             made
             or
             not
             ,
             or
             whether
             the
             party
             did
             release
             ,
             it
             is
             to
             be
             tryed
             by
             the
             Kings
             Court
             at
             Westminster
             ,
             So
             that
             at
             first
             it
             be
             denied
             upon
             Oath
             that
             a
             Charter-party
             was
             made
             ,
             or
             a
             denial
             upon
             Oath
             tendred
             ,
             to
             which
             it
             may
             be
             added
             ,
             that
             it
             was
             there
             further
             agreed
             ,
             
               That
               if
               Sute
               shall
               be
               made
               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
               .
            
          
        
         
           
             
             That
             the
             Admiral
             of
             England
             may
             hold
             Conusance
             of
             things
             done
             in
             Ports
             ,
             and
             Navigable
             Rivers
             ,
             as
             touching
             Dammages
             done
             to
             persons
             ,
             Ships
             ,
             and
             goods
             ,
             Annoyances
             of
             the
             Publick
             passage
             ,
             and
             unlawfull
             fishing
             .
          
           
             FIrst
             it
             is
             apparent
             that
             Ports
             ,
             and
             Navigable
             Rivers
             are
             places
             where
             Maritime
             businesses
             ,
             and
             causes
             of
             difference
             concerning
             the
             same
             ,
             may
             happen
             ,
             as
             well
             as
             on
             the
             main
             Sea
             it self
             ,
             and
             in
             truth
             are
             more
             proper
             for
             such
             affairs
             ,
             than
             for
             any
             ordinary
             businesses
             of
             the
             Land
             ,
             Portus
             (
             saith
             Ulpian
             )
             
               est
               locus
               conclusus
               quo
               importantur
               merces
               &
               exportantur
               ,
            
             
             and
             importation
             ,
             and
             exportation
             of
             
             goods
             do
             chiefly
             concern
             Navigation
             ,
             and
             Merchants
             affairs
             .
          
           
             Secondly
             ,
             
               Flumina
               navigabilia
            
             ,
             that
             is
             navigable
             Rivers
             ,
             are
             of
             the
             same
             condition
             and
             use
             ,
             and
             it
             is
             allowed
             by
             the
             Common
             Law
             ,
             
               that
               every
               water
               which
               flows
               and
               reflows
               ,
               is
               an
               Arm
               of
               the
               Sea
               ,
            
             and
             Mr.
             Selden
             maintains
             that
             Navigable
             Rivers
             ,
             are
             in
             the
             Kings
             special
             Dominion
             ,
             
             and
             Protection
             ,
             and
             under
             the
             King
             ,
             within
             the
             Jurisdiction
             of
             the
             Admiral
             :
             for
             he
             shewing
             the
             difference
             betwixt
             the
             Admiral
             of
             France
             ,
             and
             the
             Admiral
             of
             England
             ,
             saith
             ,
             
               the
               Government
               of
               Rivers
               ,
               which
               are
               in
               the
               Dominion
               of
               the
               King
               of
            
             France
             ,
             
               belongs
               not
               to
               the
               Admiral
               of
            
             France
             ,
             
               but
               to
               the
               special
               Iurisdiction
               of
               those
               who
               are
               called
               the
               Presidents
               or
               Masters
               of
               the
               Waters
               ,
               and
               Forests
               :
               for
               the
               Publick
               Rivers
               ,
               as
               he
               affirms
               ,
               within
               the
               limits
               of
               that
               Kingdome
               ,
               belong
               wholly
               to
               another
               Office
               ,
               and
               not
               to
               that
               of
               the
               Admiral
               ,
               as
               it
               doth
               to
               the
               Admiral
               of
            
             England
             .
          
           
             Thirdly
             ,
             it
             is
             evident
             by
             the
             Judgements
             of
             Oleron
             ,
             established
             for
             Law
             in
             the
             Admiralty
             of
             England
             ,
             That
             many
             causes
             are
             resolved
             concerning
             Dammages
             done
             by
             one
             Ship
             to
             another
             ,
             sailing
             in
             the
             River
             ,
             and
             for
             falling
             foul
             one
             upon
             
             another
             ,
             in
             the
             Port
             or
             Harbour
             ,
             as
             also
             for
             loss
             done
             to
             Merchants
             goods
             in
             the
             Ports
             of
             discharge
             ,
             by
             miscarriage
             ,
             in
             the
             unloading
             ,
             by
             reason
             of
             unfit
             coardage
             ,
             and
             tackling
             .
             It
             may
             likewise
             be
             shewed
             out
             of
             the
             Inquisition
             taken
             at
             Quinborough
             ,
             that
             many
             things
             done
             in
             Ports
             and
             Navigable
             Rivers
             ,
             are
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             as
             Ship-wrights
             taking
             excessive
             wages
             ,
             removing
             of
             Anchors
             ,
             cutting
             of
             Buoy
             ropes
             ,
             and
             taking
             Salmon
             at
             unseasonable
             times
             ,
             the
             using
             of
             unlawfull
             Nets
             ,
             the
             spoyling
             of
             Beds
             of
             Oysters
             ,
             the
             dregging
             for
             Oysters
             and
             Mussells
             at
             unseasonable
             times
             ,
             and
             divers
             other
             matters
             .
             Against
             the
             Admirals
             Jurisdiction
             in
             this
             respect
             are
             pretended
             likewise
             Statutes
             ,
             Book-cases
             ,
             Judicial
             Acts
             ,
             &c.
             by
             which
             it
             is
             endeavoured
             to
             be
             proved
             ,
             That
             the
             Admirals
             Jurisdiction
             is
             confined
             only
             to
             the
             high
             Sea
             ,
             and
             wholly
             excluded
             from
             things
             done
             in
             Ports
             ,
             and
             Navigable
             Rivers
             ,
             which
             are
             said
             to
             be
             within
             the
             bodies
             of
             the
             Counties
             of
             the
             Realm
             .
             The
             first
             Statute
             is
             that
             of
             15.
             
             Richard
             2.
             which
             declares
             ,
             that
             the
             Court
             of
             Admiralty
             hath
             no
             manner
             of
             Conusance
             ,
             Power
             ,
             or
             Jurisdiction
             of
             any
             Contract
             ,
             
             &c.
             or
             any
             other
             thing
             rising
             within
             the
             Bodies
             of
             Counties
             ,
             either
             by
             Land
             ,
             or
             by
             Water
             ;
             which
             later
             part
             is
             so
             General
             ,
             and
             uncertain
             ,
             that
             according
             to
             the
             General
             rule
             delivered
             by
             Sir
             
               Edw.
               Cook
            
             before
             mentioned
             ,
             
               lex
               generaliter
               loquens
               restringenda
               est
               ,
               &c.
            
             for
             by
             the
             general
             understanding
             of
             it
             ,
             as
             it
             is
             most
             generally
             understood
             ,
             by
             the
             Professors
             of
             the
             Common
             Law
             ,
             it
             doth
             not
             only
             debarr
             the
             Admiral
             from
             the
             Conusance
             of
             those
             causes
             ,
             which
             he
             is
             supposed
             to
             have
             encroached
             to
             the
             prejudice
             of
             the
             Courts
             of
             Common
             Law
             ,
             but
             also
             from
             the
             Conusance
             of
             those
             things
             ,
             which
             they
             were
             wont
             ,
             or
             ought
             to
             have
             of
             right
             ,
             contrary
             to
             the
             express
             meaning
             of
             the
             Praeamble
             of
             that
             Statute
             ,
             as
             all
             those
             Causes
             which
             before
             this
             Statute
             did
             belong
             to
             the
             Admiral
             by
             the
             Roll
             of
             Oleron
             ,
             and
             the
             Inquisition
             at
             Quinborough
             .
          
           
             But
             it
             may
             reasonably
             ,
             and
             probably
             be
             conceived
             ,
             that
             the
             Statute
             intending
             to
             restrain
             the
             Admirals
             Jurisdiction
             ,
             intended
             by
             the
             words
             ,
             
               Other
               things
               in
               general
            
             ,
             such
             things
             ,
             about
             which
             Actions
             and
             Sutes
             at
             the
             Common
             Law
             might
             arise
             ,
             And
             having
             before
             mentioned
             
             Contracts
             ,
             Pleas
             ,
             and
             Quarrels
             ,
             wherein
             private
             persons
             might
             have
             an
             interest
             by
             way
             of
             personal
             Actions
             ,
             did
             afterwards
             add
             
               other
               things
               arising
               within
               the
               Bodies
               of
               Counties
               ,
            
             intending
             thereby
             publick
             offences
             ,
             and
             such
             as
             are
             against
             the
             Crown
             ,
             as
             Treason
             ,
             Murther
             ,
             Manslaughter
             ,
             Mayhemes
             ,
             Robbery
             ,
             Trespasses
             
               vt
               &
               armies
            
             ,
             and
             the
             like
             ,
             which
             interpretation
             ,
             First
             is
             agreeable
             to
             the
             Praeamble
             ,
             which
             mentions
             encroachments
             upon
             the
             Jurisdiction
             ,
             &c.
             pertaining
             to
             the
             King.
             Secondly
             ,
             because
             the
             Statute
             ordaining
             that
             such
             things
             shall
             be
             tryed
             ,
             discussed
             ,
             and
             determined
             by
             the
             Laws
             of
             the
             Land
             ,
             and
             not
             before
             the
             Admiral
             ;
             seems
             to
             intend
             things
             ,
             which
             might
             be
             tried
             either
             way
             ,
             as
             Offences
             of
             that
             Nature
             ,
             which
             done
             on
             the
             Sea
             ,
             might
             have
             been
             tried
             before
             the
             Admiral
             ,
             and
             being
             done
             on
             the
             Land
             were
             to
             be
             tried
             in
             the
             Courts
             of
             Common
             Law.
             Thirdly
             ,
             because
             the
             reservation
             in
             the
             conclusion
             of
             the
             Statute
             Provides
             ,
             that
             nevertheless
             of
             the
             death
             of
             a
             man
             ,
             or
             Mayheme
             done
             in
             great
             Ships
             ,
             being
             ,
             and
             hovering
             in
             the
             main
             stream
             beneath
             the
             Bridges
             next
             to
             the
             Sea
             ,
             the
             Admiral
             shall
             have
             Conusance
             ,
             
             which
             being
             in
             the
             nature
             of
             an
             Exception
             ,
             implies
             ,
             that
             the
             things
             before
             mentioned
             in
             general
             ,
             were
             to
             be
             understood
             of
             Offences
             ,
             or
             matters
             of
             the
             same
             nature
             ,
             and
             condition
             .
          
           
             Sir
             
               Edward
               Cook
            
             where
             he
             cites
             the
             Statute
             of
             15.
             
             Rich.
             2.
             notes
             ,
             that
             it
             was
             to
             be
             observed
             ,
             how
             curious
             the
             makers
             of
             it
             were
             ,
             to
             exclude
             the
             Admiral
             from
             all
             manner
             of
             Jurisdiction
             ,
             within
             any
             Water
             which
             lyeth
             within
             any
             County
             of
             the
             Realm
             ;
             but
             if
             his
             words
             be
             considered
             ,
             his
             curiosity
             goes
             far
             beyond
             them
             ,
             for
             whereas
             the
             words
             of
             the
             Statute
             Anciently
             and
             generally
             have
             been
             received
             ,
             only
             beneath
             the
             Bridges
             next
             or
             nigh
             the
             Sea
             ,
             he
             renders
             it
             only
             beneath
             
               the
               Points
               of
               the
               same
               Rivers
               ,
            
             The
             French
             word
             Pounts
             ,
             being
             easily
             turned
             into
             Points
             ,
             which
             Criticism
             might
             have
             the
             better
             passed
             ,
             if
             it
             might
             be
             known
             what
             were
             meant
             by
             
               Points
               of
               Rivers
            
             ;
             we
             understand
             by
             
               Points
               of
               Land
            
             ,
             some
             extreme
             parts
             or
             ends
             ,
             which
             in
             respect
             of
             the
             rest
             ,
             are
             of
             a
             more
             accute
             figure
             ,
             but
             Rivers
             towards
             the
             Sea
             ,
             (
             which
             way
             the
             Criticism
             looks
             )
             grow
             broader
             ,
             or
             wider
             ,
             far
             from
             any
             Angular
             acuteness
             ;
             Again
             ,
             we
             commonly
             say
             above
             ,
             or
             b●neath
             
             the
             bridge
             ;
             but
             if
             we
             speak
             of
             the
             extremites
             ,
             we
             say
             behither
             or
             beyond
             ,
             within
             or
             without
             the
             Lands
             end
             ;
             besides
             ,
             whereas
             the
             words
             in
             that
             place
             are
             ships
             riding
             in
             the
             main
             stream
             of
             Navigable
             Rivers
             ,
             it
             may
             be
             doubted
             where
             that
             main
             stream
             can
             be
             found
             beneath
             the
             points
             of
             the
             River
             .
          
           
             The
             former
             reading
             of
             the
             Statute
             ,
             
               viz.
               beneath
               the
               Bridges
            
             ,
             is
             agreeable
             to
             an
             ancient
             Edition
             of
             the
             Statutes
             at
             large
             printed
             1543.
             above
             a
             hundred
             years
             since
             ;
             so
             Rastals
             Abridgement
             ,
             and
             Poultons
             Collection
             of
             the
             Statutes
             ,
             and
             is
             so
             received
             by
             Crompton
             in
             his
             Jurisdiction
             of
             Courts
             ,
             where
             he
             writes
             of
             the
             Admiralty
             ,
             according
             to
             the
             Statutes
             .
             It
             is
             further
             confirmed
             by
             a
             manuscript
             Copy
             of
             the
             Statutes
             in
             French
             ,
             in
             the
             Library
             of
             Merton
             College
             in
             Oxford
             ,
             in
             which
             are
             these
             words
             ,
             
               Niene
               meyns
               de
               mort
               de
               omme
               ,
               &
               de
               mayheme
               ,
               engrosses
               neifs
               ,
               estants
               &
               o●erant●s
               ,
               a
               my
               le
               haut
               fio
               des
               grosses
               reviers
               tant
               seculament
               ,
               par-avali
               des
               pounts
               ,
               des
               mesmes
               les
               riviers
               ,
               &
               L'n
               Admiral
               co●usance
               .
            
          
           
             The
             second
             Statute
             that
             may
             be
             applied
             to
             this
             purpose
             is
             that
             of
             5
             
               Elizabeth
               ,
               Chap.
            
             5.
             which
             relating
             to
             divers
             
             things
             made
             offences
             by
             that
             Statute
             ,
             ordains
             ,
             
               that
               all
               and
               every
               of
               the
               said
               offences
               ,
               done
               on
               the
               main
               Sea
               ,
               or
               Coasts
               of
               the
               Sea
               ,
               being
               no
               part
               of
               the
               bodies
               of
               any
               Counties
               of
               the
               Realm
               ,
               and
               without
               the
               Precinct
               ,
               Liberty
               and
               Iurisdiction
               of
               the
               Cinque
               Ports
               ,
               and
               out
               of
               any
               Haven
               or
               Pier
               ,
               shall
               be
               determined
               by
               the
               Lord
               Admiral
               .
            
          
           
             Touching
             this
             Statute
             it
             may
             be
             observed
             ,
             That
             the
             end
             thereof
             was
             according
             to
             the
             Title
             ,
             for
             the
             maintenance
             of
             the
             Navy
             ,
             and
             as
             for
             a
             mean
             to
             that
             end
             ,
             for
             the
             imploying
             of
             English
             shipping
             ,
             especially
             for
             the
             bringing
             in
             of
             Fish
             ,
             for
             which
             purpose
             it
             provides
             ,
             That
             Wednesdayes
             should
             be
             held
             Fish-dayes
             ;
             That
             none
             shall
             demand
             toll
             of
             Fish
             brought
             in
             Subjects
             ships
             ;
             That
             no
             Herring
             unsalted
             should
             be
             bought
             out
             of
             strangers
             bottoms
             ;
             besides
             ,
             that
             no
             Wares
             should
             be
             carryed
             from
             Port
             to
             to
             Port
             ;
             and
             that
             no
             Wine
             ,
             nor
             Woad
             shall
             be
             brought
             in
             but
             in
             English
             ships
             ,
             of
             which
             businesses
             it
             might
             be
             more
             fit
             for
             the
             Officers
             of
             Corporate
             Sea-Towns
             to
             enquire
             ,
             than
             for
             the
             Admiral
             ,
             which
             the
             Parliament
             understanding
             ,
             might
             without
             prejudice
             to
             his
             Jurisdiction
             in
             other
             matters
             except
             
             from
             him
             touching
             offences
             of
             that
             kinde
             ,
             the
             enquiry
             within
             Havens
             and
             Piers.
             
          
           
             Besides
             ,
             whereas
             Sir
             
               Edw.
               Cook
            
             recites
             the
             words
             ,
             
               That
               all
               such
               Offences
               shall
               be
               tryed
               before
               the
               Admiral
            
             ;
             the
             words
             of
             the
             Sta●ute
             are
             ,
             
               before
               the
               Lord
               Admiral
               of
            
             England
             ,
             
               or
               his
               Lieutenant
               or
               Deputy
               or
               Deputies
               ,
               and
               other
               Iustices
               of
               Oyer
               and
               Terminer
               ,
               according
               to
               the
               form
               of
               the
               Statute
               of
               the
            
             28
             Hen.
             8.
             
               for
               Causes
               of
               Piracy
            
             .
             So
             that
             it
             concerns
             not
             the
             Admiral
             in
             his
             ordinary
             capacity
             ,
             but
             as
             he
             is
             chief
             in
             that
             Commission
             .
             And
             whereas
             Sir
             
               Edw.
               Cook
            
             from
             this
             concludes
             ,
             That
             by
             the
             Judgement
             of
             the
             whole
             Parliament
             ,
             the
             Jurisdiction
             of
             the
             Admiral
             is
             wholy
             confined
             to
             the
             Sea
             ,
             and
             Coasts
             of
             the
             Sea
             ,
             being
             no
             parcel
             of
             the
             County
             ,
             how
             strongly
             soever
             he
             conceives
             it
             ,
             under
             favour
             it
             is
             no
             good
             argument
             ,
             to
             infer
             from
             these
             new
             created
             offences
             ,
             of
             which
             he
             is
             to
             enquire
             in
             an
             extraordinary
             way
             ,
             that
             he
             hath
             no
             Jurisdiction
             in
             other
             matters
             ,
             which
             did
             formerly
             belong
             unto
             him
             ,
             especially
             touching
             Navigable
             Rivers
             ,
             of
             which
             in
             this
             Statute
             there
             is
             no
             mention
             ,
             nor
             exception
             .
          
           
           
             Moreover
             ,
             whereas
             the
             Judgement
             of
             the
             Parliament
             in
             this
             Statute
             is
             so
             confidently
             urged
             for
             the
             limiting
             of
             the
             Admirals
             Jurisdiction
             ,
             it
             is
             de●●red
             ,
             that
             to
             the
             points
             in
             question
             ,
             two
             other
             Statutes
             ,
             the
             one
             long
             subsequent
             to
             that
             of
             Rich.
             2.
             the
             other
             not
             long
             preceding
             that
             of
             the
             5
             of
             Queen
             Elizabeth
             ,
             may
             be
             taken
             into
             consideration
             .
          
           
             The
             first
             is
             that
             of
             28
             Hen.
             8.
             
             Chap.
             15.
             concerning
             the
             trial
             of
             Piracies
             ,
             and
             other
             crimes
             committed
             within
             the
             Admirals
             Jurisdiction
             ,
             wherein
             it
             is
             declared
             ,
             
               That
               all
               Treasons
               ,
               Felonies
               ,
               Murthers
               ,
               Robberies
               ,
               Confederacies
               committed
               in
               or
               upon
               the
               Sea
               ,
               or
               in
               any
               other
               Haven
               ,
               Creek
               or
               place
               ,
               where
               the
               Admiral
               ,
               or
               Admirals
               have
               ,
               or
               pretend
               to
               have
               Iurisdiction
               ,
               shall
               be
               enquired
               ,
               tried
               ,
               heard
               ,
               or
               adjudged
               by
               the
               Admiral
               ,
               and
               others
               appointed
               by
               the
               Kings
               Commission
               under
               the
               Great
               Seal
               ,
               in
               such
               shires
               and
               places
               of
               the
               Realm
               as
               shall
               be
               limited
               in
               the
               Commission
               ,
               as
               if
               any
               such
               offence
               had
               been
               committed
               upon
               the
               Land
               ,
            
             &c.
             
          
           
             The
             end
             of
             this
             Statute
             was
             ,
             that
             whereas
             Piracies
             ,
             and
             other
             offences
             committed
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             were
             formerly
             tryed
             according
             
             to
             the
             Civil
             Law
             ,
             and
             Offenders
             could
             be
             convicted
             onely
             by
             confession
             of
             the
             parties
             ,
             and
             proofs
             by
             Witnesses
             ,
             to
             reduce
             the
             Trial
             of
             the
             same
             to
             the
             course
             of
             the
             Common
             Law
             by
             a
             Jury
             of
             Twelve
             men
             ;
             by
             which
             Statute
             ,
             although
             the
             Manner
             of
             the
             trial
             of
             Offences
             were
             altered
             ,
             yet
             the
             Limits
             of
             the
             Admirals
             Jurisdiction
             are
             allowed
             to
             extend
             not
             onely
             to
             the
             Sea
             ,
             but
             to
             Havens
             ,
             Creeks
             and
             places
             ,
             where
             the
             Admiral
             ,
             or
             Admirals
             have
             ,
             or
             pretend
             to
             have
             Jurisdiction
             .
             And
             in
             the
             Commission
             of
             Oyer
             and
             Terminer
             grounded
             on
             that
             Statute
             ,
             the
             places
             of
             Offences
             committed
             ,
             to
             be
             heard
             and
             determined
             before
             the
             Admiral
             ,
             and
             others
             ,
             are
             thus
             described
             ,
             
               Tam
               in
               aut
               super
               mari
               ,
               aut
               aliquo
               portu
               ,
               rivo
               ,
               Aqua
               dulci
               ,
               Creca
               ,
               seu
               loco
               quccunque
               infra
               fluxum
               maris
               ad
               plenitudinem
               ,
               a
               quibuscunque
               primis
               pontibus
               versus
               mare
               ,
               quam
               super
               littus
               maris
               ,
               &
               alibi
               ubicunque
               infra
               jurisdictionem
               nostram
               Maritimam
               ,
               aut
               limites
               Admiralitatis
               Regni
               nostri
               ,
               &
               Dominiorum
               nostrorum
               :
            
             By
             which
             words
             ,
             not
             onely
             power
             is
             given
             to
             hear
             and
             determine
             offences
             in
             those
             places
             ;
             but
             it
             is
             likewise
             declared
             that
             those
             places
             do
             belong
             
             to
             his
             Majesties
             Maritime
             Jurisdiction
             ,
             and
             of
             his
             Admiralty
             .
          
           
             The
             second
             Statute
             is
             that
             of
             the
             first
             of
             
               Elizabeth
               ,
               Chap.
            
             17.
             made
             for
             the
             preservation
             of
             Spawn
             and
             fry
             of
             Fish
             ,
             and
             the
             remedies
             thereof
             being
             provided
             ,
             it
             is
             ordained
             ,
             
               That
               the
               Lord
               Admiral
               of
            
             England
             ,
             
               and
               the
               Lord
               Mayor
               of
            
             London
             
               for
               the
               time
               being
               ,
               and
               all
               and
               every
               other
               ,
               which
               lawfully
               have
               ,
               or
               ought
               to
               have
               any
               conservation
               ,
               or
               preservation
               of
               any
               Rivers
               ,
               streams
               or
               waters
               ,
               shall
               have
               power
               to
               enquire
               according
               to
               that
               Act
               ,
            
             which
             plainly
             shews
             ,
             that
             the
             Parliament
             then
             conceived
             ,
             that
             the
             Admiral
             of
             England
             had
             power
             and
             Jurisdiction
             to
             some
             purposes
             in
             Rivers
             and
             Streams
             ,
             salt
             and
             fresh
             ,
             otherwise
             ,
             he
             had
             not
             been
             named
             in
             the
             first
             place
             ,
             amongst
             those
             who
             had
             right
             of
             conservation
             of
             the
             same
             .
          
           
             The
             Jurisdiction
             of
             the
             Admiralty
             as
             to
             publick
             offences
             and
             causes
             criminal
             since
             the
             Statute
             of
             15
             Rich.
             2.
             hath
             been
             so
             well
             settled
             by
             the
             Statute
             of
             28
             Hen.
             8.
             that
             there
             can
             be
             little
             occasion
             of
             difference
             touching
             those
             matters
             betwixt
             the
             Courts
             of
             the
             common
             Law
             ,
             and
             the
             Court
             of
             the
             Admiralty
             ;
             yet
             
             Sir
             
               Edw.
               Cook
            
             having
             unnecessarily
             collected
             many
             other
             legal
             authorities
             which
             may
             be
             applied
             to
             maintain
             that
             by
             the
             Common
             Law
             the
             Admirals
             Jurisdiction
             did
             not
             extend
             to
             Ports
             and
             Navigable
             Rivers
             ,
             it
             may
             not
             be
             amiss
             to
             examine
             the
             grounds
             and
             weight
             of
             the
             chiefest
             of
             them
             ,
             which
             may
             be
             reduced
             to
             two
             heads
             ;
             First
             ,
             such
             as
             shew
             that
             Havens
             and
             Navigable
             Rivers
             are
             within
             the
             bodies
             of
             Counties
             ,
             and
             that
             the
             common
             Law
             hath
             held
             plea
             of
             things
             done
             in
             them
             .
             Secondly
             ,
             That
             the
             Courts
             of
             common
             Law
             have
             punished
             such
             as
             have
             sued
             in
             the
             Admiralty
             Court
             ,
             for
             things
             done
             in
             Ports
             and
             Navigable
             Rivers
             .
          
           
             Touching
             the
             first
             ,
             these
             Authorities
             might
             be
             intended
             .
          
           
             First
             ,
             That
             in
             the
             time
             of
             Edw.
             the
             first
             ,
             a
             Replevin
             was
             brought
             for
             the
             taking
             of
             a
             ship
             on
             the
             coasts
             of
             Scarborough
             in
             the
             Sea
             ,
             and
             carrying
             her
             into
             the
             County
             of
             N.
             The
             Defendant
             although
             he
             pleaded
             that
             the
             thing
             was
             done
             on
             the
             Sea
             ,
             was
             overruled
             to
             answer
             ,
             from
             whence
             amongst
             other
             things
             
               Sr
               Edw.
               Cook
            
             makes
             a
             special
             observation
             ,
             That
             when
             the
             taking
             of
             a
             
             thing
             is
             partly
             on
             the
             Sea
             ,
             and
             partly
             on
             the
             Land
             ,
             the
             Common
             Law
             shall
             have
             the
             Jurisdiction
             .
          
           
             Secondly
             ,
             That
             in
             the
             time
             of
             Edw.
             the
             2.
             
             It
             was
             held
             ,
             That
             where
             one
             may
             see
             what
             is
             done
             on
             one
             part
             of
             the
             water
             ,
             and
             on
             the
             other
             ,
             it
             was
             held
             no
             part
             of
             the
             Sea
             ,
             and
             that
             the
             Coroner
             shall
             exercise
             his
             office
             in
             this
             case
             ,
             and
             of
             this
             the
             Country
             may
             have
             knowledge
             .
          
           
             Thirdly
             ,
             That
             in
             the
             43
             of
             Edw.
             the
             third
             ,
             sixty
             Acres
             of
             Marsh
             ground
             over
             which
             the
             Sea
             did
             flow
             and
             reflow
             ,
             were
             adjudged
             parcel
             of
             the
             Mannor
             of
             Brancaster
             ,
             belonging
             to
             the
             Abbot
             of
             Ramsey
             ,
             and
             by
             consequence
             were
             within
             the
             body
             of
             the
             County
             to
             the
             low
             water
             mark
             .
          
           
             Fourthly
             ,
             That
             in
             the
             46
             of
             Edw.
             3.
             an
             Action
             of
             Trespass
             being
             brought
             in
             the
             Kings
             Court
             against
             certain
             persons
             of
             Hull
             ,
             for
             taking
             a
             ship
             in
             the
             Haven
             of
             the
             Town
             ,
             the
             Mayor
             and
             Bailiffs
             demanded
             Conusance
             by
             Charter
             of
             the
             King
             ,
             by
             which
             it
             is
             granted
             ,
             that
             the
             Citizens
             and
             Burgesses
             of
             Hull
             ,
             should
             not
             be
             impleaded
             ,
             
               Alibi
               de
               transgressionibus
               infra
               Burgum
               ,
               quam
               infra
               Burgum
               ,
            
             
             which
             was
             allowed
             ,
             and
             the
             Haven
             lying
             within
             the
             Burrough
             ,
             by
             consequence
             was
             within
             the
             County
             .
          
           
             How
             far
             these
             Authorities
             conduce
             to
             the
             proof
             of
             the
             head
             proposed
             ,
             may
             be
             doubted
             ,
             but
             as
             to
             the
             ground
             of
             the
             head
             it self
             ,
             which
             is
             so
             much
             insisted
             on
             ,
             That
             where
             the
             Courts
             of
             Common
             Law
             have
             Conusance
             ,
             the
             Court
             of
             Admiralty
             can
             have
             no
             Jurisdiction
             ,
             under
             favour
             it
             is
             insufficient
             ,
             for
             in
             the
             same
             place
             several
             Courts
             to
             several
             purposes
             may
             have
             distinct
             Jurisdictions
             ,
             Robberies
             and
             divers
             other
             Offences
             committed
             in
             forests
             ,
             are
             prosecuted
             before
             the
             ordinary
             Justices
             ,
             and
             yet
             the
             Justice
             in
             Eyre
             concerning
             vert
             ,
             
             venison
             and
             other
             things
             retains
             his
             special
             Jurisdiction
             .
             In
             France
             as
             Sanction
             writes
             ,
             the
             Lords
             of
             mannors
             adjoyning
             to
             Navigable
             Rivers
             ,
             have
             several
             rights
             of
             fishing
             ,
             and
             other
             commodities
             ,
             by
             the
             Kings
             grant
             or
             by
             prescription
             ,
             and
             if
             they
             be
             disturbed
             they
             may
             have
             their
             remedies
             ,
             in
             the
             Ordinary
             Courts
             of
             Justice
             ,
             but
             as
             touching
             the
             free
             use
             of
             the
             Rivers
             in
             respect
             of
             Navigation
             ,
             and
             that
             which
             concerns
             the
             Publique
             ,
             the
             special
             Officers
             called
             the
             Masters
             of
             the
             
             Waiters
             ,
             (
             whose
             Authority
             in
             this
             Kingdome
             belongs
             unto
             the
             Admiral
             )
             have
             the
             charge
             thereof
             ,
             and
             if
             any
             Impediments
             be
             given
             ,
             or
             Annoyances
             done
             in
             those
             respects
             ,
             it
             belongs
             to
             their
             Jurisdiction
             and
             power
             to
             reform
             the
             same
             .
          
           
             Touching
             the
             particulars
             ,
             and
             first
             of
             that
             of
             the
             Replevin
             in
             the
             time
             of
             Edw.
             1.
             concerning
             a
             Ship
             taken
             in
             the
             Sea
             ,
             and
             brought
             into
             a
             River
             ,
             and
             the
             defendants
             being
             over-ruled
             to
             answer
             ,
             the
             Reason
             was
             ,
             as
             Berry
             the
             Chief
             Justice
             said
             ,
             because
             the
             King
             would
             have
             the
             peace
             kept
             ,
             as
             well
             by
             Sea
             ,
             as
             by
             Land
             ,
             Mr.
             Selden
             in
             his
             notes
             upon
             Fortescue
             ,
             
             recites
             the
             case
             more
             fully
             and
             gives
             another
             reason
             ,
             viz.
             That
             
               William
               Crake
               de
               Holtham
            
             was
             summoned
             to
             answer
             a
             complaint
             of
             
               Robert
               de
               Beause
            
             ,
             for
             taking
             away
             a
             Ship
             of
             the
             value
             of
             40.
             l.
             on
             the
             Sea
             ,
             near
             Scarborough
             ,
             to
             which
             it
             was
             pleaded
             by
             the
             Counsel
             ,
             that
             the
             Plaintiff
             did
             count
             or
             declare
             of
             a
             thing
             taken
             on
             the
             Sea
             ,
             out
             of
             any
             County
             ,
             So
             that
             if
             the
             matter
             were
             put
             in
             issue
             before
             the
             Country
             ,
             it
             could
             not
             be
             resolved
             what
             Sheriff
             should
             summon
             the
             Country
             ,
             and
             that
             the
             Admiral
             was
             appointed
             by
             the
             King
             to
             hear
             and
             determine
             
             sutes
             of
             things
             done
             on
             the
             Sea
             ,
             &c.
             
             Whereunto
             Berry
             Chief
             Justice
             of
             the
             Common
             Pleas
             answered
             ,
             we
             have
             a
             general
             power
             throughout
             all
             England
             ,
             but
             of
             the
             power
             of
             the
             Admirals
             of
             which
             you
             speak
             ,
             we
             know
             nothing
             ,
             neither
             will
             we
             assign
             our
             power
             to
             them
             ,
             without
             commandment
             from
             the
             King
             ,
             touching
             which
             you
             shew
             nothing
             ;
             Haward
             said
             ,
             The
             place
             is
             so
             near
             ,
             that
             if
             a
             man
             had
             killed
             one
             there
             ,
             he
             should
             have
             been
             taken
             ,
             and
             brought
             to
             the
             Land
             ,
             and
             hanged
             ,
             as
             well
             as
             if
             the
             fact
             had
             been
             commited
             on
             the
             Land
             ;
             Mettinggam
             said
             more
             ,
             we
             tell
             you
             that
             we
             have
             power
             of
             things
             done
             on
             the
             Sea
             ,
             as
             upon
             the
             Land
             ,
             and
             therefore
             we
             order
             you
             to
             answer
             ;
             The
             reason
             which
             Mr.
             Selden
             gives
             ,
             was
             because
             in
             those
             times
             the
             Common
             Law
             had
             Conusance
             of
             things
             done
             on
             the
             British
             Sea
             within
             the
             view
             of
             the
             Land
             ,
             although
             afterwards
             it
             kept
             its
             limits
             ,
             
               infra
               corpus
               comitatus
               ,
               Leaving
               the
               Sea
               wholly
               to
               the
               Admiral
            
             ;
             So
             that
             according
             to
             the
             Verse
             ,
             sometimes
             applyed
             by
             Sir
             
               Edward
               Cook
               ,
               Iudic●s
               officium
               est
               ,
               ut
               res
               ita
               tempora
               rerum
               Quaerere
               ,
            
             the
             case
             adjudged
             in
             the
             time
             of
             Edw.
             ●
             .
             can
             be
             no
             president
             for
             subsequent
             times
             ,
             when
             
             the
             Admiralty
             Jurisdiction
             was
             better
             settled
             ;
             and
             so
             it
             falls
             out
             with
             Sir.
             
               Edw.
               Cooks
            
             observation
             upon
             that
             case
             ,
             viz.
             That
             when
             the
             taking
             of
             a
             thing
             is
             partly
             in
             the
             Sea
             ,
             and
             partly
             in
             a
             River
             ,
             within
             the
             County
             ,
             the
             common
             Law
             shall
             have
             the
             Jurisdiction
             ,
             because
             that
             in
             later
             times
             ,
             it
             hath
             been
             resolved
             otherwise
             ,
             as
             in
             the
             Mayor
             of
             Harwich
             his
             case
             ,
             which
             was
             ,
             That
             the
             Vice-admiral
             of
             England
             having
             seized
             a
             Mast
             floating
             on
             the
             Sea
             ,
             caused
             certain
             Fisher-men
             to
             draw
             it
             to
             shore
             at
             Harwich
             in
             Suffolk
             ,
             where
             the
             Mayor
             then
             claiming
             Admiralty
             Jurisdiction
             ,
             likewise
             seized
             it
             ,
             for
             which
             he
             being
             sued
             in
             the
             Admiralty
             Court
             of
             England
             ,
             moved
             for
             a
             Prohibition
             ;
             but
             the
             Judges
             were
             of
             opinion
             that
             it
             did
             be●ong
             to
             the
             Admiral
             of
             England
             ,
             and
             denied
             a
             Prohibition
             ,
             because
             the
             ●eizure
             at
             Sea
             ,
             and
             drawing
             to
             shore
             at
             Harwich
             was
             one
             continued
             act
             ;
             and
             ●herefore
             the
             drawing
             it
             to
             shore
             at
             Har●ich
             ,
             gave
             no
             right
             to
             the
             Mayor
             of
             Harwich
             .
             The
             like
             may
             be
             gathered
             ●rom
             a
             Resolution
             
               in
               communi
               banco
            
             ,
             40
             
               Eliza.
               viz.
            
             An
             Inhabitant
             of
             Ply●outh
             ,
             being
             Owner
             of
             a
             ship
             ,
             joyned
             
             in
             the
             furnishing
             and
             victualling
             her
             ,
             and
             sent
             her
             to
             Sea
             ,
             in
             which
             imployment
             the
             Captain
             of
             the
             ship
             by
             Piracy
             took
             a
             French
             mans
             ship
             laden
             with
             salt
             ,
             and
             brought
             her
             into
             Plimouth
             ,
             and
             sold
             his
             salt
             to
             the
             Owner
             ;
             whereupon
             the
             French
             men
             sued
             the
             Plimouth-man
             being
             Owner
             ,
             in
             the
             Admiralty
             Court
             ,
             for
             the
             Ships
             goods
             ,
             and
             upon
             suggestion
             that
             part
             of
             the
             wrong
             was
             done
             upon
             the
             Land
             ,
             a
             Prohibition
             was
             awarded
             ,
             but
             after
             a
             long
             debate
             ,
             a
             Consultation
             was
             granted
             ,
             because
             the
             first
             wrong
             was
             done
             upon
             the
             Sea.
             
          
           
             Secondly
             ,
             Touching
             the
             Coroners
             exercising
             his
             Office
             (
             in
             the
             time
             o●
             Edw.
             2.
             )
             in
             an
             Arm
             of
             the
             Sea
             ,
             wher●
             one
             might
             see
             what
             was
             done
             on
             on●
             side
             ,
             and
             on
             the
             other
             ;
             whereupo●
             Standford
             concludes
             that
             by
             the
             Com●mon
             Law
             ,
             before
             the
             Statute
             of
             th●
             2
             Hen.
             4.
             (
             or
             rather
             of
             15
             of
             Rich.
             2.
             )
             th●
             Admiral
             had
             no
             Jurisdiction
             ,
             but
             on
             th●
             high
             Sea
             ,
             which
             onely
             Authority
             ,
             sait●
             Sir
             
               Edward
               Cook
            
             ,
             was
             sufficient
             to
             overrul●
             all
             Questions
             .
             It
             may
             be
             observed
             wha●
             was
             delivered
             in
             the
             precedent
             Case
             concerning
             those
             times
             ;
             and
             it
             may
             b●
             further
             noted
             what
             Mr.
             Selden
             writes
             〈◊〉
             
             the
             power
             and
             authority
             of
             the
             Sheriffs
             in
             those
             times
             ,
             
             
               Saeculis
               priscis
               antequam
               summorum
               Admirallorum
               authoritas
               ,
               &c.
               
               In
               ancient
               times
               before
               the
               Authority
               of
               the
               high
               Admirals
               of
            
             England
             
               was
               sufficiently
               established
               by
               our
               Kings
               ,
               and
               so
               distinguished
               ,
               that
               the
               Government
               of
               the
               Sea
               did
               wholy
               belong
               unto
               ihem
               ,
               the
               Sheriffs
               had
               some
               Authority
               in
               the
               Sea
               adjoyning
               to
               the
               County
               ,
               which
               did
               appear
               in
               that
               they
               did
               execute
               the
               Kings
               Precepts
               upon
               the
               Sea
               ,
               and
               convey
               the
               Kings
               ships
               from
               one
               Port
               to
               another
               ,
               through
               the
               Seas
               ,
               which
               was
               done
               about
               the
               time
               of
            
             Hen.
             the
             3.
             
               and
               of
            
             Edw.
             ●he
             1.
             
               but
               in
               subsequent
               times
               ,
               it
               was
               never
               ●eard
               of
               ,
            
             postquam
             omnimoda
             Maris
             custodia
             ,
             &c.
             
               after
               that
               all
               manner
               of
               guarding
               the
               Sea
               ,
            
             &c.
             
               was
               by
               our
               Kings
               re●erred
               to
               the
               high
               Admiral
               ,
               and
               to
               them
               ●nely
               and
               their
               Deputies
               ,
               which
               now
               belon●s
               ●nto
               them
               by
               right
               unquestionable
               .
            
             In
             ●hich
             times
             if
             the
             Coroner
             did
             exercise
             is
             office
             ,
             where
             at
             this
             time
             he
             cannot
             ,
             ●or
             the
             reason
             aforesaid
             ,
             it
             may
             be
             ●ranted
             ,
             but
             no
             good
             argument
             can
             be
             ●rawn
             from
             those
             times
             to
             the
             times
             ●ollowing
             ,
             when
             the
             Admiralty
             Juris●iction
             was
             better
             settled
             .
          
           
             Thirdly
             ,
             The
             authority
             of
             the
             Marsh
             
             grounds
             ,
             over
             which
             the
             Sea
             did
             flow
             and
             reflow
             ,
             adjudged
             to
             be
             within
             the
             Mannor
             of
             Brancaster
             in
             the
             time
             of
             Edw.
             the
             3.
             whence
             it
             is
             concluded
             to
             be
             within
             the
             County
             ,
             is
             taken
             up
             by
             Sir
             
               Edw.
               Coole
            
             upon
             the
             credit
             of
             Dyer
             :
             But
             Sergeant
             Callis
             in
             his
             Readings
             cites
             the
             Record
             in
             this
             manner
             ,
             
               Contra
               Abbot
               de
               Ramsey
               de
               quodam
               processu
               facto
               ,
               versus
               dictum
               Abbot
               ,
               ad
               ostendendum
               quare
               sexaginta
               acrae
               Marisci
               in
               manum
               Domini
               Regis
               non
               debent
               seiziri
               .
               Et
               Abbas
               respondet
               quod
               ipsa
               tenet
               Manerium
               de
               Brancaster
               quod
               scituatum
               est
               iuxta
               Mare
               ,
               &
               quod
               est
               ibidem
               Mariscus
               qui
               aliquando
               per
               Fluxum
               Maris
               minoratur
               ,
               aliquando
               per
               Fluxum
               Mardo
               augetur
               ,
               &c.
               
            
             By
             which
             it
             is
             apparent
             ,
             that
             those
             grounds
             were
             claimed
             by
             that
             King
             ,
             as
             waste
             and
             floted
             grounds
             ,
             and
             no
             parcel
             of
             the
             Mannor
             ,
             which
             the
             Abbot
             did
             justifie
             ,
             and
             howsoever
             they
             might
             be
             part
             of
             the
             County
             ,
             yet
             they
             could
             not
             be
             places
             concerning
             which
             there
             might
             grow
             any
             question
             of
             Jurisdiction
             ,
             for
             although
             they
             were
             subject
             to
             flowing
             and
             reflowing
             of
             the
             Sea
             yet
             they
             were
             not
             either
             fit
             for
             the
             sayling
             ,
             nor
             arriving
             of
             Ships
             ;
             and
             admitting
             that
             some
             thing
             may
             be
             inferre●
             
             from
             thence
             to
             prove
             that
             places
             where
             the
             Sea
             floweth
             may
             be
             within
             the
             bodies
             of
             Counties
             ,
             yet
             it
             doth
             not
             wholy
             exclude
             the
             Admiral
             from
             having
             Jurisdion
             ,
             by
             Sir
             
               Edw.
               Cooks
            
             learning
             ,
             in
             Sir
             
               Henry
               Constables
            
             Case
             ,
             where
             he
             sheweth
             ,
             That
             it
             hath
             been
             resolved
             by
             the
             whole
             Court
             ,
             that
             the
             soyl
             over
             which
             the
             Sea
             doth
             flow
             and
             reflow
             ,
             
               inter
               le
               High-water
               mark
               ,
               and
               the
               Low-water
               mark
               ,
            
             the
             Land
             may
             be
             parcel
             of
             a
             Mannor
             of
             a
             subject
             ,
             and
             yet
             it
             was
             resolved
             ,
             That
             when
             the
             Sea
             did
             flow
             
               ad
               plenitudinem
            
             ,
             the
             Admiral
             should
             have
             Jurisdiction
             of
             any
             thing
             done
             upon
             the
             water
             ,
             betwixt
             the
             High-water
             mark
             ,
             &
             the
             Low-water
             mark
             ,
             by
             the
             ordinary
             and
             natural
             course
             of
             the
             Sea
             ,
             and
             when
             the
             Sea
             doth
             reflow
             the
             Land
             may
             appertain
             to
             a
             subject
             ,
             and
             then
             any
             thing
             done
             upon
             the
             Land
             shall
             be
             tried
             at
             the
             Common
             Law
             ,
             for
             it
             is
             then
             parcel
             of
             the
             County
             ,
             whereupon
             he
             makes
             an
             observation
             ,
             That
             beyond
             the
             Low-water
             mark
             the
             Admiral
             alwayes
             hath
             Jurisdiction
             ,
             and
             betwixt
             the
             High-water
             mark
             ,
             and
             the
             Low-water
             mark
             ,
             the
             Common
             Law
             ,
             and
             the
             Admiralty
             have
             
               divisum
               imperium
            
             interchangeably
             ,
             
             and
             why
             the
             same
             should
             not
             hold
             as
             well
             in
             Arms
             of
             the
             Sea
             ,
             as
             in
             the
             open
             Sea
             ,
             may
             deserve
             some
             consideration
             .
          
           
             Fourthly
             ,
             The
             allowance
             of
             the
             Common
             Law
             of
             the
             Haven
             of
             Hull
             to
             be
             within
             the
             Burrough
             ,
             in
             respect
             of
             an
             Action
             of
             Trespass
             determinable
             at
             the
             Common
             Law
             ,
             for
             the
             reasons
             before
             shewed
             in
             general
             ,
             it
             doth
             not
             hinder
             but
             that
             in
             the
             same
             place
             if
             damage
             be
             done
             by
             one
             ship
             to
             another
             ,
             remedy
             may
             be
             given
             according
             to
             the
             Judgements
             in
             the
             Roll
             of
             Oleron
             ,
             and
             so
             in
             respect
             of
             the
             place
             ,
             though
             not
             of
             the
             cause
             ,
             the
             Common
             Law
             ,
             and
             the
             Admiralty
             may
             have
             
               conjunctum
               imperium
            
             occasionally
             .
          
           
             Secondly
             ,
             There
             remain
             those
             Authorities
             which
             shew
             that
             the
             Courts
             of
             Common
             Law
             have
             punished
             ,
             and
             restrained
             such
             as
             have
             sued
             in
             the
             Admiralty
             for
             things
             done
             in
             Havens
             ,
             and
             Navigable
             Rivers
             ,
             as
             by
             actions
             of
             double
             Damages
             ,
             Praemuniries
             ,
             and
             Prohibitions
             .
          
           
             Touching
             the
             first
             it
             is
             related
             ,
             That
             6
             Hen.
             6.
             
             
               Iohn
               Burton
            
             in
             the
             Common
             Pleas
             recovered
             against
             
               Bartholomew
               Putt
            
             ,
             for
             
             double
             damages
             1400
             l.
             for
             that
             the
             said
             Putt
             had
             sued
             Burton
             in
             the
             Admiralty
             for
             entring
             and
             taking
             away
             three
             ships
             with
             Merchandises
             and
             Prisoners
             ,
             with
             force
             of
             Arms
             ,
             
               Super
               Al●um
               mare
            
             ,
             whereas
             the
             taking
             thereof
             was
             in
             the
             Haven
             of
             
               Bristol
               ,
               intra
               corpus
               Comitatus
            
             .
          
           
             Again
             ,
             That
             the
             like
             Action
             12
             of
             Henry
             6.
             was
             brought
             by
             
               Robert
               Cupper
            
             ,
             against
             
               Iohn
               Reyner
            
             ,
             who
             had
             sued
             him
             in
             the
             Admiralty
             Court
             for
             entring
             his
             ship
             in
             the
             Haven
             of
             
               Yarmouth
               ,
               infra
               Corpus
               Comitatus
               Norf.
               
            
          
           
             Secondly
             ,
             Concerning
             Praemunires
             ,
             it
             is
             said
             ,
             That
             38
             of
             Hen.
             6
             ,
             one
             was
             brought
             by
             
               Iohn
               Cassy
            
             ,
             against
             
               Richard
               Beauchamp
            
             ,
             and
             
               Thomas
               Paunce
            
             ,
             for
             that
             they
             sued
             him
             in
             the
             Admiralty
             Court
             for
             taking
             away
             certain
             
               Iewels
               super
               Altum
               mare
            
             ,
             whereas
             he
             took
             them
             
               apud
               Stratford-Bow
               infra
               corpus
               Comitatus
               Middlesexiae
               .
            
          
           
             Again
             ,
             That
             in
             the
             9
             of
             Hen.
             7.
             a
             Praemunire
             was
             brought
             for
             a
             S●te
             in
             the
             Admiralty
             Court
             for
             taking
             and
             carrying
             away
             ,
             
               Quandam
               naviculam
               apud
               Horton
               Key
               ,
               at
               South
               Lynn
               ,
            
             supposing
             the
             same
             to
             have
             been
             done
             
               super
               altum
               mare
            
             .
          
           
           
             It
             cannot
             be
             denied
             but
             that
             these
             Authorities
             especially
             contain
             
               forcible
               Arguments
            
             ,
             and
             fit
             to
             fright
             men
             from
             suing
             in
             the
             Admiralty
             Court
             ,
             but
             how
             reasonable
             ,
             it
             may
             be
             considered
             .
          
           
             Touching
             the
             Action
             of
             double
             Damages
             ,
             in
             the
             leading
             Case
             of
             Burton
             against
             Put
             ,
             the
             point
             of
             Issue
             was
             (
             as
             it
             may
             be
             supposed
             )
             whether
             the
             thing
             done
             in
             the
             River
             of
             Bristol
             ,
             were
             done
             within
             the
             body
             of
             the
             County
             ,
             and
             eight
             Terms
             (
             as
             Sir
             
               Edw.
               Cook
            
             relates
             )
             were
             spent
             in
             deliberation
             of
             the
             Case
             ,
             which
             argues
             that
             the
             Judges
             could
             not
             easily
             agree
             upon
             the
             same
             ,
             and
             happily
             the
             reason
             was
             ,
             because
             the
             Statute
             of
             Henry
             4.
             for
             double
             Damages
             ,
             relates
             onely
             to
             that
             of
             the
             13
             of
             Richard
             the
             2.
             chap.
             5.
             and
             the
             Action
             was
             layed
             upon
             that
             of
             the
             15
             Richard
             the
             2.
             chap.
             3.
             
             Touching
             things
             done
             within
             the
             Bodies
             of
             Counties
             ,
             it
             being
             not
             proper
             to
             extend
             a
             penal
             Law
             from
             one
             Statute
             to
             another
             ;
             and
             how
             rightly
             it
             was
             so
             adjudged
             ,
             may
             be
             better
             considered
             ;
             and
             it
             may
             be
             thought
             upon
             ,
             why
             that
             being
             a
             leading
             Case
             ,
             and
             having
             received
             so
             long
             deliberation
             ,
             the
             Reasons
             of
             the
             Resolutions
             of
             the
             
             Judges
             are
             no
             way
             published
             .
          
           
             It
             may
             be
             farther
             noted
             as
             to
             our
             purpose
             ,
             that
             the
             taking
             of
             Ships
             in
             the
             Haven
             of
             Bristol
             was
             done
             with
             force
             of
             Arms
             ,
             which
             made
             it
             more
             than
             an
             ordinary
             business
             ,
             of
             which
             the
             Admiral
             claimeth
             the
             Conusance
             in
             such
             places
             ,
             but
             was
             of
             the
             condition
             of
             those
             matters
             which
             belong
             unto
             him
             onely
             upon
             the
             Sea
             ;
             the
             other
             Cases
             of
             double
             Damages
             ,
             for
             ought
             appears
             to
             the
             contrary
             ,
             might
             be
             for
             matters
             of
             Trespass
             ,
             committed
             likewise
             by
             Force
             and
             Arms.
             
          
           
             Touching
             Praemunires
             brought
             for
             suing
             in
             the
             Admiralty
             Court
             ,
             Sir
             
               Edw.
               Cook
            
             saith
             ,
             That
             they
             being
             brought
             upon
             the
             Statute
             of
             the
             16
             of
             King
             Rich.
             2.
             for
             suing
             in
             
               Curia
               Romana
               aut
               alibi
            
             ,
             are
             so
             evident
             ,
             and
             of
             so
             dangerous
             a
             consequence
             ,
             as
             no
             application
             shall
             be
             made
             thereof
             .
             And
             for
             the
             dangerous
             consequence
             it
             is
             most
             true
             ,
             for
             that
             the
             penalty
             intended
             in
             that
             Statute
             extends
             to
             the
             imprisonment
             of
             the
             person
             during
             pleasure
             ,
             and
             the
             loss
             of
             all
             his
             goods
             ,
             and
             of
             the
             profits
             of
             his
             Lands
             during
             life
             ;
             and
             for
             the
             application
             which
             he
             forbears
             ,
             it
             may
             be
             conceived
             that
             his
             
             meaning
             was
             that
             the
             Admiral
             ,
             or
             his
             Judge
             might
             be
             made
             liable
             thereunto
             ;
             but
             for
             the
             Evidence
             that
             by
             
               Curia
               Romana
               aut
               alibi
            
             ,
             the
             Court
             of
             Admiralty
             should
             be
             understood
             ,
             under
             his
             favour
             it
             is
             not
             so
             clear
             ;
             nor
             if
             the
             Statute
             be
             well
             considered
             ,
             can
             it
             with
             any
             reason
             be
             maintained
             ;
             the
             word
             Alibi
             ,
             or
             elsewhere
             in
             that
             Statute
             was
             in
             truth
             intended
             of
             Avignion
             in
             France
             ,
             or
             some
             other
             place
             ,
             to
             which
             the
             Pope
             and
             his
             Court
             in
             those
             times
             did
             usually
             remove
             ;
             and
             that
             Statute
             being
             intended
             to
             exclude
             the
             forein
             authority
             of
             the
             Pope
             ,
             it
             might
             be
             thought
             necessary
             to
             debar
             the
             people
             of
             this
             Kingdome
             from
             having
             intercourse
             to
             the
             Popes
             Consistory
             ,
             whether
             at
             Rome
             or
             any
             where
             else
             ;
             and
             when
             the
             Popes
             authority
             and
             his
             Laws
             were
             in
             force
             in
             this
             Kingdome
             ,
             and
             no
             way
             depending
             upon
             the
             Crown
             ,
             the
             word
             Alibi
             ,
             or
             elsewhere
             ,
             was
             held
             to
             extend
             to
             Bishops
             Courts
             ,
             if
             they
             medled
             with
             temporal
             causes
             belonging
             to
             the
             Kings
             Courts
             ,
             especially
             if
             they
             took
             upon
             them
             to
             reverse
             ,
             or
             disparage
             Judgements
             given
             in
             the
             Courts
             of
             Common
             Law
             ;
             but
             how
             the
             word
             Alibi
             should
             be
             applied
             to
             the
             Kings
             
             Court
             of
             Admiralty
             ,
             never
             relating
             to
             any
             Forein
             power
             ,
             and
             proceeding
             onely
             by
             those
             Laws
             which
             are
             allowed
             by
             the
             King
             to
             be
             in
             force
             in
             that
             Court
             ,
             it
             is
             a
             mystery
             beyond
             any
             ordinary
             imagination
             .
             It
             may
             be
             further
             noted
             ,
             that
             although
             it
             be
             said
             that
             the
             two
             Praemunires
             were
             brought
             upon
             such
             occasions
             ,
             yet
             it
             doth
             not
             appear
             that
             any
             Judgement
             was
             given
             upon
             either
             of
             them
             .
          
           
             Lastly
             ,
             For
             confirmation
             and
             conclusion
             of
             this
             Point
             ,
             it
             may
             be
             added
             ,
             that
             before
             the
             King
             and
             his
             Councel
             it
             was
             likewise
             agreed
             unto
             by
             all
             the
             Judges
             ,
             
               That
               the
               Admiral
               may
               inquire
               of
               ,
               and
               redress
               all
               Annoyances
               and
               obstructions
               in
               Navigable
               Rivers
               beneath
               the
               first
               Bridges
               ,
               that
               are
               any
               impediment
               to
               Navigation
               and
               passage
               to
               and
               from
               the
               Sea
               ;
               and
               also
               try
               all
               personal
               Contracts
               and
               injuries
               done
               there
               which
               concern
               Navigation
               upon
               the
               Sea
               ,
               and
               that
               no
               Prohibition
               is
               to
               be
               granted
               in
               such
               Cases
               .
            
          
        
         
           
           
             
             That
             the
             Admiral
             of
             England
             may
             hold
             Plea
             of
             Contracts
             ,
             and
             other
             things
             done
             beyond
             the
             Sea
             ,
             relating
             to
             Navigation
             and
             Trade
             by
             Sea.
             
          
           
             TO
             maintain
             that
             the
             Court
             of
             Admiralty
             may
             hold
             Plea
             of
             Contracts
             ,
             and
             other
             things
             done
             beyond
             the
             Sea
             ;
             
             It
             is
             alleged
             ,
             First
             ,
             That
             by
             an
             Ordinance
             made
             by
             King
             Edward
             the
             first
             ,
             and
             his
             Lords
             ,
             at
             Hastings
             ,
             which
             is
             extant
             in
             the
             antient
             Book
             of
             Admiralty
             ,
             it
             was
             ordained
             that
             
               Charum
               Contract
               ,
               &c.
               
               That
               every
               Contract
               made
               between
               Merchant
               and
               Merchant
               ,
               or
               betwixt
               Merchant
               and
               Mariner
               beyond
               the
               Sea
               ,
               or
               within
               the
               flood-mark
               ,
               shall
               be
               tried
               before
               the
               Admiral
               ,
               and
               no
               wayes
               elsewhere
               .
            
          
           
             Secondly
             ,
             It
             may
             be
             taken
             into
             consideration
             ,
             That
             such
             businesses
             amongst
             Merchants
             and
             Seamen
             ,
             are
             to
             be
             determined
             according
             the
             
               Civil
               Law
               ,
               and
               equity
               thereof
               ,
            
             as
             also
             according
             to
             the
             customes
             and
             usages
             of
             the
             Sea
             ;
             Mr.
             Selden
             in
             his
             Notes
             upon
             Fortescue
             ,
             observes
             
             out
             of
             
               Bartolus
               ,
               Quod
               in
               Curia
               mercatorum
               debet
               judicari
               ex
               aequo
               &
               bono
               ,
               omissis
               juris
               solennitatibus
               ,
            
             which
             the
             Admiralty
             Judges
             may
             ,
             and
             do
             observe
             ,
             but
             the
             Courts
             of
             Common
             Law
             hold
             they
             must
             do
             otherwise
             .
             
             Malines
             relates
             an
             instance
             of
             a
             Merchant-stranger
             ,
             who
             having
             sold
             Commodities
             to
             three
             several
             Merchants
             of
             London
             ,
             took
             one
             Bond
             of
             them
             all
             for
             the
             payment
             of
             300
             l.
             and
             one
             of
             them
             breaking
             ,
             and
             being
             imprisoned
             ,
             he
             was
             contented
             to
             compound
             with
             him
             for
             the
             fifth
             part
             of
             his
             Debt
             ,
             or
             for
             20
             l.
             in
             lieu
             of
             a
             100
             l.
             conceiving
             him
             as
             a
             third
             party
             to
             be
             liable
             for
             no
             more
             ;
             and
             having
             received
             that
             summ
             ,
             gave
             him
             a
             release
             ,
             and
             afterwards
             the
             two
             other
             parties
             neglecting
             to
             pay
             him
             their
             parts
             he
             was
             advised
             to
             sue
             them
             at
             the
             Common
             Law
             ,
             where
             he
             was
             given
             to
             understand
             ,
             That
             if
             a
             man
             release
             one
             of
             his
             debtors
             ,
             who
             is
             bound
             with
             others
             ,
             by
             way
             of
             acquittance
             ,
             they
             are
             all
             released
             and
             acquitted
             thereby
             ,
             which
             was
             contrary
             to
             the
             rule
             of
             Equity
             ,
             and
             that
             simplicity
             and
             just
             dealing
             which
             is
             expected
             amongst
             Merchants
             ,
             which
             do
             not
             admit
             that
             a
             mans
             action
             should
             operate
             
             beyond
             his
             intention
             ,
             and
             that
             a
             favour
             yeelded
             to
             one
             in
             necessity
             ,
             should
             not
             extend
             further
             to
             his
             prejudice
             ,
             in
             respect
             of
             those
             which
             were
             in
             better
             condition
             .
          
           
             Thirdly
             ,
             to
             the
             like
             purpose
             ,
             it
             is
             observed
             ,
             that
             in
             Contracts
             and
             Bargains
             ,
             betwixt
             such
             persons
             ,
             those
             solemnities
             are
             not
             required
             which
             are
             necessary
             in
             Deeds
             at
             the
             Common
             Law
             ,
             as
             of
             signing
             ,
             sealing
             and
             delivering
             ,
             to
             make
             their
             Bills
             and
             Obligations
             of
             force
             ,
             and
             the
             bearers
             of
             such
             Bills
             according
             to
             the
             course
             of
             Merchants
             ,
             shall
             be
             admitted
             to
             demand
             ,
             and
             recover
             without
             Letters
             of
             Attorney
             .
          
           
             Fourthly
             ,
             It
             is
             considerable
             ,
             that
             Instruments
             made
             beyond
             the
             Sea
             ,
             have
             usually
             Clauses
             relating
             to
             the
             Civil
             Law
             ,
             and
             to
             the
             Law
             of
             the
             Sea.
             Malines
             shews
             ,
             
             That
             when
             two
             or
             three
             take
             up
             money
             at
             interest
             ,
             and
             all
             binde
             themselves
             as
             Principals
             ,
             generally
             according
             to
             the
             Civil
             Law
             and
             custome
             of
             Merchants
             ,
             every
             person
             is
             bound
             ,
             but
             for
             his
             own
             part
             ,
             and
             therefore
             ,
             where
             it
             is
             intended
             ,
             that
             for
             the
             better
             security
             ,
             every
             man
             should
             be
             
               bound
               in
               solidum
            
             ,
             in
             the
             instrument
             of
             the
             Contract
             ,
             
             ther
             is
             a
             declaration
             and
             renunciation
             made
             
               of
               all
               privileges
               ,
               and
               especially
               of
               those
               which
               are
               called
               ,
               Exceptio
               divisionis
               ,
               &
               ordinis
               excussiones
               ,
               and
               beneficii
               Epistolae
               divi
               Adriani
               .
            
             In
             Wests
             Presidents
             concerning
             Merchants
             affairs
             ,
             there
             are
             the
             like
             forms
             ,
             as
             where
             a
             man
             
               obligat
               se
               haeredes
               &
               Executores
               suos
               ,
               omnia
               bona
               mobilia
               &
               immobilia
               ,
               praesentia
               &
               futura
               ,
               tam
               ultra
               quam
               citra
               mare
               ,
               ubicunque
               existentia
               ,
               renuncians
               omnibus
               &
               singulis
               exceptionibus
               ,
               &c.
            
             and
             amongst
             the
             rest
             he
             declares
             the
             form
             of
             a
             gneral
             procuration
             to
             sue
             for
             Debts
             in
             a
             Forein
             Country
             ,
             wherein
             it
             is
             specified
             that
             power
             is
             given
             
               ad
               Libelles
               ,
               Petitiones
               ,
               &c.
               articulos
               dandum
               ,
               datisque
               respondendum
               ,
               ad
               Lites
               contestandum
               ,
               &
               de
               calumnia
               vitand●
               juramentum
               ,
               in
               animam
               constituentium
               praestandum
            
             ;
             all
             which
             are
             as
             strange
             to
             the
             Law
             of
             this
             Land
             ,
             as
             the
             places
             from
             whence
             they
             proceed
             .
          
           
             Fifthly
             ,
             For
             that
             ,
             as
             Fortescue
             affirms
             ,
             Contracts
             and
             Bargains
             made
             amongst
             strangers
             in
             another
             Realm
             ,
             must
             be
             proved
             (
             otherwayes
             than
             in
             the
             Courts
             of
             Common
             Law
             )
             by
             witnesses
             ,
             which
             ,
             saith
             he
             ,
             cometh
             to
             pass
             ,
             because
             in
             those
             parts
             there
             be
             no
             neighbours
             ,
             by
             
             whose
             oaths
             Juries
             of
             twelve
             men
             may
             be
             made
             ,
             as
             in
             Contracts
             and
             other
             cases
             arising
             within
             the
             Realm
             ,
             is
             accustomed
             to
             be
             done
             .
          
           
             To
             avoid
             the
             Admirals
             Jurisdiction
             in
             holding
             Pleas
             of
             Contracts
             ,
             or
             things
             done
             beyond
             the
             Sea
             ,
             Sir
             
               Ed.
               Cook
            
             affirms
             ,
             that
             Bargains
             and
             Contracts
             so
             made
             ,
             wherein
             the
             Courts
             of
             Common
             Law
             cannot
             administer
             Justice
             ,
             did
             belong
             to
             the
             Constable
             and
             Marshal
             ,
             for
             the
             Jurisdiction
             of
             the
             Admiral
             is
             wholy
             confined
             to
             the
             Sea
             ,
             which
             is
             out
             of
             any
             County
             ;
             whence
             it
             may
             be
             gathered
             ,
             that
             as
             to
             this
             point
             he
             intends
             for
             Authorities
             the
             Statutes
             of
             the
             13
             of
             Richard
             2.
             which
             sets
             forth
             the
             Jurisdiction
             both
             of
             the
             Constables
             and
             Marshals
             Court
             ,
             as
             also
             of
             the
             Court
             of
             the
             Admiralty
             .
          
           
             That
             concerning
             the
             Constable
             and
             Marshal
             ,
             is
             as
             far
             from
             the
             purpose
             ,
             as
             it
             was
             from
             Sir
             
               Edward
               Cooks
            
             thought
             to
             give
             any
             addition
             of
             power
             to
             that
             Court.
             The
             Act
             declares
             ,
             
               That
               to
               the
               Constable
               and
               Marshal
               it
               belongs
               to
               have
               Conusance
               of
               Contracts
               ,
               and
               Deeds
               of
               Arms
               out
               of
               the
               Realm
               ,
            
             whence
             it
             is
             inferred
             ,
             that
             therefore
             out
             of
             the
             Realm
             ,
             the
             
             Admiral
             shall
             have
             no
             Conusance
             of
             Contracts
             ,
             or
             matters
             concerning
             Navigation
             ,
             and
             Trade
             ;
             It
             may
             be
             better
             argued
             from
             that
             Act
             ,
             That
             as
             the
             Parliament
             allowed
             to
             the
             Constable
             and
             Marshal
             ,
             Jurisdiction
             in
             Causes
             of
             Arms
             ,
             and
             Warr
             ,
             arising
             both
             within
             and
             without
             the
             Realm
             ,
             which
             cannot
             be
             determined
             by
             the
             Common
             Law
             ,
             so
             it
             did
             intend
             Causes
             of
             Navigation
             and
             Trade
             arising
             either
             within
             or
             beyond
             the
             Seas
             ,
             to
             be
             tried
             by
             the
             Admiral
             ,
             The
             nature
             and
             the
             Quality
             of
             the
             business
             ,
             more
             Conducing
             to
             the
             point
             of
             Jurisdiction
             ,
             than
             the
             Circumstances
             of
             the
             place
             where
             it
             happens
             ;
             The
             Statute
             which
             allows
             the
             Admiral
             to
             meddle
             with
             things
             done
             upon
             the
             Sea
             ,
             by
             Sir
             
               Edward
               Cooks
            
             leave
             ,
             doth
             not
             confine
             his
             Jurisdiction
             to
             the
             Sea
             ,
             in
             respect
             of
             ●ny
             place
             beyond
             the
             Sea
             ,
             It
             is
             rather
             ●retended
             to
             debarr
             him
             from
             medling
             with
             things
             done
             within
             the
             Realm
             ,
             which
             notwithstanding
             ,
             it
             being
             formerly
             shewed
             ,
             that
             the
             Admiral
             may
             ●old
             plea
             of
             Maritime
             Causes
             arising
             ●rom
             Contracts
             made
             within
             the
             Land
             ,
             〈◊〉
             may
             be
             less
             needfull
             to
             labour
             to
             prove
             ●hat
             it
             doth
             not
             hinder
             him
             from
             taking
             
             Conusance
             of
             Sutes
             concerning
             Navigation
             and
             Trade
             ,
             arising
             from
             Contracts
             made
             and
             businesses
             done
             beyond
             the
             Sea.
             
          
           
             The
             other
             Authorities
             which
             may
             be
             collected
             ,
             to
             prove
             how
             the
             Admiral
             hath
             no
             Jurisdiction
             of
             things
             done
             beyond
             the
             Sea
             ,
             are
             a
             writ
             in
             the
             Register
             ,
             and
             
               Fitz
               Herbert
            
             ,
             and
             a
             number
             of
             Prohibitions
             .
          
           
             That
             of
             the
             Register
             is
             ,
             If
             goods
             be
             taken
             from
             an
             English-man
             in
             Spain
             or
             beyond
             the
             Sea
             ,
             and
             the
             party
             cannot
             obtain
             Justice
             there
             ,
             he
             shall
             have
             a
             writ
             of
             the
             Sheriff
             to
             arest
             the
             Bodies
             of
             the
             offenders
             ,
             and
             to
             seize
             their
             goods
             to
             the
             value
             ,
             which
             proveth
             ,
             saith
             Sir
             
               Edwar●
               Cook
            
             ,
             that
             the
             Admiralty
             cannot
             hold
             plea
             thereof
             ,
             for
             that
             the
             party
             hath
             remedy
             at
             the
             Common
             Law
             ;
             That
             Argument
             is
             as
             good
             ,
             as
             if
             he
             had
             said
             There
             lies
             a
             writ
             of
             Withernam
             at
             the
             Common
             Law
             ,
             therefore
             no
             Letters
             o●
             Reprisalls
             can
             be
             granted
             in
             the
             Admiralty
             .
             It
             stands
             with
             great
             reason
             ,
             that
             i●
             a
             Subject
             be
             spoiled
             of
             his
             goods
             ,
             in
             ano●ther
             Realm
             ,
             and
             can
             have
             no
             remedy
             there
             ,
             that
             the
             party
             ,
             or
             the
             goods
             belon●ging
             to
             him
             ,
             being
             found
             within
             the
             Ju●isdiction
             
             of
             the
             Common
             Law
             ,
             they
             ●hould
             be
             made
             lyable
             to
             satisfaction
             ;
             And
             why
             should
             it
             be
             thought
             unreaso●able
             ,
             that
             upon
             the
             like
             occasion
             ,
             if
             the
             ●arty
             ,
             or
             his
             goods
             be
             found
             within
             the
             ●urisdiction
             of
             the
             Admiralty
             ,
             the
             Sub●ect
             should
             have
             remedy
             there
             ?
             But
             this
             Authority
             concerns
             not
             Contract
             ,
             or
             bar●ains
             made
             beyond
             the
             Sea.
             
          
           
             Besides
             ,
             how
             far
             this
             writ
             agrees
             with
             ●he
             Common
             Law
             ,
             it
             may
             be
             conside●ed
             ,
             in
             regard
             ,
             Mr.
             Selden
             writes
             ,
             in
             
               Tri●unalibus
               nostri
               Iuris
               Municipalis
               ,
               &c.
            
             in
             ●ur
             Courts
             of
             Common
             Law
             ,
             the
             Ju●●sdiction
             hath
             been
             ever
             held
             to
             be
             such
             ,
             ●●at
             according
             to
             the
             strict
             Laws
             anti●●tly
             practis'd
             ,
             an
             Action
             could
             not
             be
             ●ought
             upon
             a
             business
             ,
             hapning
             else●here
             ,
             than
             within
             the
             Kingdome
             ,
             as
             for
             ●any
             Ages
             since
             it
             hath
             been
             held
             ,
             that
             ●●e
             Action
             ought
             to
             be
             rejected
             ,
             unless
             ●●e
             ground
             of
             it
             be
             arising
             from
             some●●ing
             done
             within
             the
             Body
             of
             a
             Coun●●
             :
             And
             Sir
             
               Edward
               Cook
            
             recites
             divers
             ●●thorities
             ,
             by
             which
             the
             same
             is
             main●●in'd
             as
             agreeable
             to
             the
             Common
             Law.
             ●●t
             this
             Law
             ,
             he
             allows
             ,
             where
             the
             ●●ings
             were
             totally
             done
             out
             of
             the
             ●●alm
             ,
             and
             Implies
             ,
             that
             it
             is
             otherwise
             ,
             
             where
             the
             Contract
             is
             made
             in
             o●
             Realm
             ,
             and
             the
             performance
             ought
             to
             b●
             in
             another
             ,
             for
             then
             (
             sayes
             he
             )
             as
             to
             th●
             present
             purpose
             ,
             of
             necessity
             ,
             the
             Conu●sance
             must
             be
             where
             the
             Contract
             wa●
             made
             ,
             for
             otherwise
             there
             can
             be
             no
             tri●al
             had
             at
             the
             Common
             Law
             ,
             and
             that
             i●
             is
             most
             reasonable
             that
             it
             should
             be
             so
             because
             the
             Contract
             is
             the
             ground
             an●
             foundation
             of
             the
             debt
             ;
             But
             now
             in
             cas●
             a
             Contract
             be
             made
             in
             
               partibus
               exteris
               &
               transmarinis
            
             ,
             whereby
             payment
             or
             per●formance
             is
             to
             be
             made
             within
             th●
             Realm
             ,
             notwithstanding
             the
             Contract
             b●
             the
             ground
             ,
             and
             foundation
             ,
             yet
             the
             Ju●risdiction
             follows
             the
             place
             of
             paymen●
             and
             performance
             ,
             and
             no
             doubt
             for
             th●
             same
             reason
             ,
             because
             otherwise
             the●
             could
             be
             no
             pretence
             for
             a
             trial
             ,
             at
             th●
             Common
             Law
             ,
             so
             that
             the
             Rule
             is
             fra●med
             to
             the
             building
             ,
             and
             not
             the
             buildin●
             to
             the
             Rule
             .
          
           
             The
             last
             Argument
             is
             ,
             that
             divers
             Pro●hibitions
             have
             been
             granted
             upon
             sut●
             brought
             in
             the
             Admiralty
             ,
             for
             thin●
             done
             in
             
               partibus
               exteris
               &
               transmarin●●
            
             and
             the
             first
             is
             as
             ancient
             as
             the
             36.
             
             Hen.
             8.
             
             But
             upon
             what
             Contracts
             ,
             bu●●●nesses
             ,
             or
             occasions
             those
             sutes
             we●
             
             grounded
             ,
             and
             Commenced
             ,
             it
             is
             not
             ●pecified
             ;
             and
             to
             conclude
             this
             point
             as
             the
             former
             ,
             First
             ,
             the
             third
             request
             of
             the
             Judge
             of
             the
             Admiralty
             in
             the
             year
             1575.
             (
             viz.
             )
             That
             the
             Judge
             of
             the
             Admiralty
             according
             to
             such
             ancient
             order
             made
             by
             King
             Edw.
             1.
             and
             his
             Councel
             ,
             and
             according
             to
             the
             Letters
             patents
             of
             the
             Lord
             Admiral
             for
             the
             time
             being
             ,
             and
             allowed
             of
             other
             Kings
             of
             this
             Land
             ever
             since
             ,
             and
             by
             Custom
             time
             our
             of
             memory
             of
             man
             ,
             may
             have
             Cognition
             of
             all
             contracts
             and
             other
             things
             arising
             as
             well
             beyond
             ,
             as
             upon
             the
             Sea
             ,
             without
             ●et
             or
             prohibition
             ,
             
               The
               answer
               is
               ,
               that
               it
               ●s
               agreed
               upon
               by
               the
               Lord
               Chief
               Iustice
               and
               ●is
               Collegues
               .
            
          
           
             Secondly
             ,
             All
             the
             Judges
             before
             the
             King
             and
             his
             Councel
             
               Octavo
               Caroli
            
             a●reed
             ,
             That
             if
             sutes
             shall
             be
             commenced
             ●n
             the
             Court
             of
             Admiraly
             for
             Contracts
             ●ade
             ,
             or
             other
             things
             done
             beyond
             the
             ●ea
             ,
             or
             upon
             the
             Sea
             ,
             no
             Prohibition
             is
             ●o
             be
             awarded
             .
          
           
             Concerning
             the
             Concessions
             of
             the
             ●udges
             of
             the
             Kings
             Bench
             ,
             and
             the
             Re●olutions
             of
             all
             the
             Judges
             alleged
             for
             ●●e
             Confirmation
             of
             the
             precedent
             As●ertions
             ,
             it
             may
             be
             noted
             ,
             That
             touching
             
             the
             former
             ,
             by
             them
             are
             intended
             certain
             Answers
             of
             the
             Chief
             Justice
             and
             other
             Judges
             of
             that
             Bench
             ,
             to
             the
             Requests
             of
             the
             Judge
             of
             the
             Admiralty
             in
             the
             year
             1575.
             of
             which
             mention
             is
             made
             in
             the
             complaint
             of
             the
             Admiral
             ,
             7.
             
             Object
             .
             wherein
             it
             is
             set
             forth
             ,
             That
             the
             Agreement
             made
             in
             
               anno
               Domini
            
             1575.
             between
             the
             Judges
             of
             the
             Kings
             Bench
             ,
             and
             the
             Court
             of
             Admiralty
             ,
             for
             the
             more
             quiet
             and
             certain
             Execution
             of
             Admiral
             Jurisdiction
             ,
             was
             not
             observed
             ,
             to
             which
             Sir
             
               Edward
               Cook
            
             answers
             ,
             that
             that
             supposed
             agreement
             ,
             had
             not
             been
             delivered
             unto
             them
             ,
             but
             having
             heard
             the
             same
             read
             before
             his
             Majesty
             (
             out
             of
             a
             Paper
             not
             subscribed
             with
             the
             hand
             of
             any
             Judge
             )
             they
             answer
             ,
             that
             for
             so
             much
             thereof
             as
             differs
             from
             their
             present
             Answers
             ,
             it
             was
             against
             the
             Laws
             and
             Statutes
             of
             the
             Realm
             ,
             and
             therefore
             the
             Judges
             of
             the
             Kings
             Bench
             never
             assented
             thereunto
             ,
             as
             it
             is
             pretended
             ,
             neither
             doth
             the
             phrase
             thereof
             agree
             with
             the
             Terms
             of
             the
             Laws
             of
             the
             Realm
             .
          
           
             It
             is
             not
             probable
             that
             Dr.
             Dunn
             then
             Judge
             of
             the
             Admiralty
             would
             have
             produced
             such
             an
             Agreement
             to
             the
             Judges
             before
             the
             King
             ,
             but
             that
             he
             had
             
             some
             ground
             for
             the
             same
             ,
             which
             being
             supposed
             ,
             it
             may
             as
             well
             inferr
             that
             those
             Concessions
             were
             agreeable
             to
             the
             Laws
             and
             Statutes
             of
             the
             Realm
             ,
             because
             those
             Judges
             did
             assent
             unto
             them
             ,
             as
             that
             they
             did
             not
             assent
             because
             they
             were
             not
             agreeable
             to
             the
             same
             ;
             And
             it
             may
             as
             well
             be
             doubted
             ,
             whether
             those
             things
             wherein
             those
             Answers
             at
             that
             time
             did
             differ
             from
             the
             Resolutions
             of
             all
             the
             Judges
             in
             the
             8.
             of
             King
             Charls
             ,
             
             were
             agreeable
             to
             the
             Laws
             and
             Statutes
             of
             the
             Realm
             ,
             as
             it
             is
             confidently
             affirm'd
             ,
             that
             wherein
             those
             Concessions
             did
             differ
             from
             those
             Answers
             were
             against
             the
             same
             ,
             wherein
             the
             phrase
             of
             the
             Requests
             and
             Answers
             is
             not
             agreeable
             to
             the
             terms
             of
             the
             Common
             Law
             is
             not
             so
             much
             considerable
             ,
             as
             how
             the
             matters
             therein
             contained
             may
             consist
             ,
             both
             with
             Law
             and
             Equity
             ,
             and
             to
             that
             end
             it
             may
             not
             be
             amiss
             to
             recite
             them
             ,
             as
             they
             are
             extant
             in
             several
             Manuscripts
             in
             which
             are
             collected
             things
             of
             those
             times
             remarkable
             ,
             both
             concerning
             the
             Ecclesiastical
             Courts
             ,
             and
             the
             Court
             of
             Admiralty
             ,
             as
             followeth
             .
          
           
             
             
               12.
               
               
                 Of
                 May
              
               1575.
               
            
             
               
               The
               Requests
               of
               the
               Judge
               of
               the
               Admiralty
               to
               the
               Lord
               chief
               Justice
               of
               her
               Majesties
               Bench
               ,
               and
               his
               Collegues
               ,
               with
               their
               Answers
               to
               the
               same
               .
            
             
               That
               after
               Judgement
               or
               Sentence
               given
               in
               the
               Court
               of
               Admiralty
               ,
               in
               any
               cause
               ,
               or
               Appeal
               made
               from
               the
               same
               ,
               to
               the
               high
               Court
               of
               Chancery
               ,
               1
               it
               may
               please
               them
               to
               forbear
               the
               granting
               of
               any
               Writ
               of
               Prohibition
               ,
               either
               to
               the
               Judge
               of
               the
               said
               Court
               ,
               or
               to
               her
               Majesties
               Delegates
               ,
               at
               the
               sute
               of
               him
               by
               whom
               such
               Appeal
               shall
               be
               made
               ,
               seeing
               by
               choice
               of
               Remedy
               in
               that
               way
               ,
               in
               reason
               he
               ought
               to
               be
               contented
               therewith
               ,
               and
               not
               to
               be
               relieved
               any
               other
               way
               .
            
             
               
               It
               is
               agreed
               by
               the
               Lord
               chief
               Justice
               ,
               and
               his
               Collegues
               ,
               that
               after
               Sentence
               given
               in
               the
               Delegates
               ,
               no
               Prohibition
               shall
               be
               granted
               .
               And
               if
               there
               be
               no
               Sentence
               ,
               if
               a
               Prohibition
               be
               not
               sued
               for
               within
               the
               next
               term
               following
               Sentence
               in
               the
               Admiralty
               Court
               ,
               or
               within
               two
               terms
               after
               at
               the
               farthest
               ,
               no
               Prohibition
               shall
               pass
               to
               the
               Delegates
               .
            
             
             
               That
               Prohibitions
               hereafter
               be
               not
               granted
               upon
               bare
               Suggestions
               or
               Surmises
               ,
               2
               without
               summary
               Examination
               and
               Proof
               made
               thereof
               ,
               wherein
               it
               may
               be
               lawfull
               to
               the
               Judge
               of
               the
               Admiralty
               ,
               and
               the
               party
               defendant
               ,
               to
               have
               Counsel
               ,
               and
               to
               plead
               for
               the
               stay
               thereof
               ,
               if
               there
               shall
               appear
               cause
               .
            
             
               They
               have
               agreed
               that
               the
               Judge
               of
               the
               Admiralty
               ,
               
               and
               the
               party
               defendant
               shall
               have
               Counsel
               in
               Court
               ,
               and
               to
               plead
               to
               stay
               ,
               if
               there
               may
               appear
               evident
               cause
               .
            
             
               That
               the
               Judge
               of
               the
               Admiralty
               according
               to
               such
               an
               antient
               Order
               ,
               3
               as
               hath
               been
               taken
               by
               King
               Edward
               the
               first
               ,
               and
               his
               Councel
               ,
               and
               according
               to
               the
               Letters
               Patents
               of
               the
               Lord
               Admiral
               for
               the
               time
               being
               ,
               and
               allowed
               by
               other
               Kings
               of
               the
               Land
               ever
               since
               ,
               and
               by
               custom
               time
               out
               of
               Memory
               of
               man
               ,
               may
               have
               and
               enjoy
               cognition
               of
               all
               Contracts
               ,
               and
               other
               things
               ,
               rising
               as
               well
               beyond
               ,
               as
               upon
               the
               Sea
               ,
               without
               let
               or
               Prohibition
               .
            
             
               This
               is
               agreed
               upon
               by
               the
               said
               Lord
               Chief
               Justice
               ,
               
               and
               his
               Collegues
               .
            
             
               That
               the
               said
               Judges
               may
               have
               and
               4
               enjoy
               the
               knowledge
               of
               the
               breach
               of
               
               Charter-parties
               ,
               made
               betwixt
               Masters
               of
               Ships
               and
               Merchants
               for
               Voyages
               to
               be
               made
               to
               the
               parts
               beyond
               the
               Sea
               ,
               and
               to
               be
               performed
               upon
               ,
               and
               beyond
               the
               Sea
               ,
               according
               as
               it
               hath
               been
               accustomed
               time
               out
               of
               mind
               ,
               and
               according
               to
               the
               good●
               meaning
               of
               the
               Statute
               of
               32.
               of
               Henry
               8.
               chap.
               14.
               though
               the
               same
               Charter-parties
               be
               made
               within
               the
               Realm
               .
            
             
               
               This
               is
               likewise
               agreed
               upon
               ,
               for
               things
               to
               be
               performed
               ,
               either
               upon
               ,
               or
               beyond
               the
               Sea
               ,
               though
               the
               Charter-party
               be
               made
               upon
               the
               Land
               ,
               by
               the
               Statute
               of
               32.
               
               Hen.
               8.
               cap.
               14.
               
            
             
               5
               That
               Writs
               of
               
                 Corpus
                 cum
                 Causa
              
               ,
               be
               not
               directed
               to
               the
               said
               Judge
               ,
               in
               causes
               of
               the
               nature
               afore-said
               ,
               and
               if
               any
               happen
               to
               be
               directed
               ,
               that
               it
               may
               please
               them
               to
               accept
               of
               the
               Return
               thereof
               ,
               with
               the
               Cause
               and
               not
               the
               Body
               ,
               as
               it
               hath
               alwayes
               been
               accustomed
               .
            
             
               
               If
               any
               Writ
               of
               this
               nature
               be
               directed
               in
               the
               causes
               before
               specified
               ,
               they
               are
               content
               to
               return
               the
               Bodies
               again
               to
               the
               Lord
               Admirals
               Gaol
               upon
               Certificate
               of
               the
               cause
               to
               be
               such
               ,
               or
               if
               it
               be
               for
               contempt
               or
               disobedience
               to
               the
               Court
               in
               any
               such
               cause
               .
            
             
             
               Touching
               the
               Resolutions
               of
               all
               the
               Judges
               ,
               8.
               
               Caroli
               ,
               it
               may
               be
               considered
               ,
               That
               in
               the
               presence
               of
               the
               Kings
               Majesty
               ,
               and
               twenty
               three
               Lords
               ,
               and
               others
               of
               his
               Majesties
               Councel
               ,
               they
               were
               subscribed
               unto
               by
               all
               the
               Judges
               ,
               (
               viz.
               )
               
                 Thomas
                 Richardson
                 ,
                 Robert
                 Heath
                 ,
                 Humphrey
                 Dawenport
                 ,
                 Iohn
                 Denham
                 ,
                 Richard
                 Hutton
                 ,
                 William
                 Iones
                 ,
                 George
                 Crook
                 ,
                 Thomas
                 Trevor
                 ,
                 Iames
                 Weston
                 ,
                 Robert
                 Barkley
                 ,
                 Francis
                 Crawly
                 ,
              
               and
               also
               by
               
                 Henry
                 Martin
              
               Judge
               of
               the
               Admiralty
               ,
               and
               
                 William
                 Noy
              
               the
               Attorney
               general
               ,
               and
               the
               Transcript
               thereof
               was
               ordered
               to
               be
               Entred
               in
               the
               Register
               of
               the
               Councel
               causes
               ,
               and
               the
               original
               to
               remain
               in
               the
               Councel
               chest
               ,
               18.
               
               Feb.
               1632.
               
            
             
               Sir
               
                 Edward
                 Cook
              
               concerning
               the
               answers
               and
               resolutions
               of
               the
               Judges
               ,
               to
               those
               things
               which
               he
               calls
               
                 Articuli
                 Cleri
              
               ,
               3
               Iacob
               saith
               ▪
               That
               although
               they
               were
               not
               enacted
               by
               the
               authority
               of
               Parliament
               ,
               as
               the
               ●tatute
               of
               
                 Articuli
                 Cleri
              
               ,
               in
               the
               9.
               of
               Edwa●●
               2.
               was
               ,
               yet
               being
               resolved
               unanimously
               ▪
               by
               all
               the
               Judges
               of
               England
               ,
               and
               the
               Barons
               of
               the
               Exchequer
               ,
               they
               are
               for
               matters
               of
               Law
               ,
               of
               highest
               authority
               ,
               next
               unto
               the
               Court
               of
               Parliament
               ;
               And
               it
               may
               be
               thought
               
               that
               these
               resolutions
               of
               all
               the
               Judges
               touching
               the
               Jurisdiction
               of
               the
               Admiralty
               ,
               ought
               to
               be
               of
               no
               lower
               esteem
               ,
               the
               rather
               for
               that
               the
               unanimity
               of
               all
               the
               Judges
               to
               the
               former
               ,
               must
               be
               taken
               upon
               the
               credit
               alone
               of
               Sir
               
                 Edward
                 Cook
              
               ,
               but
               as
               to
               the
               latter
               ,
               the
               Evidence
               thereof
               doth
               appear
               by
               the
               joynt
               subscriptions
               of
               all
               before
               named
               ,
               which
               is
               likewise
               attested
               by
               Sir
               
                 George
                 Crook
              
               ,
               who
               was
               one
               of
               them
               ,
               who
               in
               his
               reports
               of
               Hillary
               term
               8
               Caroli
               ,
               under
               the
               title
               of
               Resolutions
               upon
               causes
               of
               Admiral
               Jurisdiction
               ,
               writes
               that
               it
               was
               agreed
               ,
               as
               followeth
               .
            
             
               First
               ,
               if
               sute
               should
               be
               commenced
               in
               the
               Court
               of
               Admiralty
               ,
               for
               Contracts
               or
               other
               things
               personally
               done
               beyond
               the
               Sea
               ,
               no
               Prohibition
               is
               to
               be
               awarded
               .
            
             
               Secondly
               ,
               if
               sute
               be
               before
               the
               Admiral
               for
               freight
               ,
               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
               sute
               be
               for
               penalty
               ,
               or
               if
               question
               be
               made
               ,
               whether
               the
               
               Charter-party
               be
               made
               or
               no
               ,
               or
               whether
               the
               Plaintiff
               did
               release
               ,
               or
               otherwise
               discharge
               the
               same
               within
               the
               Realm
               ,
               this
               is
               to
               be
               tried
               in
               the
               Kings
               Courts
               ,
               and
               not
               in
               the
               Admiralty
               .
            
             
               Thirdly
               ,
               if
               sute
               be
               in
               the
               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
               .
            
             
               Fourthly
               ,
               although
               of
               some
               causes
               arising
               upon
               the
               Thames
               beneath
               the
               Bridge
               ,
               and
               divers
               other
               Rivers
               beneath
               the
               first
               Bridge
               ,
               the
               Kings
               Courts
               have
               conusance
               ,
               yet
               the
               Admiral
               also
               hath
               Jurisdiction
               there
               ,
               in
               the
               point
               especially
               mentioned
               in
               the
               Statute
               of
               15.
               of
               Richard
               2.
               and
               also
               by
               Exposition
               ,
               and
               Equity
               thereof
               ,
               he
               may
               enquire
               of
               ,
               and
               redress
               all
               Annoyances
               ,
               and
               Obstructions
               ,
               that
               are
               or
               may
               be
               any
               Impediment
               to
               Navigation
               ,
               and
               passage
               to
               or
               from
               the
               Sea
               ,
               and
               also
               to
               try
               personal
               Contracts
               ,
               and
               Injuries
               done
               there
               which
               concern
               Navigation
               on
               the
               Sea
               ,
               and
               no
               Prohibition
               is
               to
               be
               granted
               in
               such
               cases
               .
            
             
             
               Fifthly
               ,
               if
               any
               be
               imprisoned
               and
               upon
               
                 habeas
                 Corpus
              
               brought
               ,
               it
               be
               certified
               ,
               that
               any
               of
               these
               be
               the
               cause
               of
               his
               Imprisonment
               ,
               the
               party
               shall
               be
               remaunded
               .
            
             
               Subscribed
               the
               4.
               
               Feb.
               1632.
               by
               all
               the
               Judges
               of
               both
               Benches
               .
            
             
               Sir
               
                 George
                 Crooks
              
               Reports
               being
               published
               by
               Sir
               
                 Harbotle
                 Grimston
              
               ,
               are
               approved
               and
               allowed
               as
               for
               the
               Common
               benefit
               ,
               by
               the
               Judges
               then
               being
               ,
               (
               viz.
               )
               by
               
                 Iohn
                 Glynn
                 ,
                 Oliver
                 St.
                 Iohn
                 ,
                 Edward
                 Atkins
                 ,
                 Robert
                 Nicholas
                 ,
                 Matthew
                 Hales
                 ,
                 Hugh
                 Windham
                 ,
                 Peter
                 Warburton
                 ,
              
               and
               
                 Iohn
                 Parker
              
               .
            
             
               It
               may
               be
               presumed
               ,
               that
               what
               so
               many
               persons
               Eminent
               both
               for
               their
               place
               ,
               and
               also
               for
               their
               knowledge
               of
               the
               Laws
               ,
               and
               Statutes
               of
               the
               Realm
               ,
               did
               so
               deliberately
               ,
               and
               cautiously
               resolve
               upon
               ,
               and
               others
               of
               like
               quality
               have
               countenanced
               ,
               ought
               to
               be
               received
               ,
               and
               respected
               as
               sufficient
               Authorities
               ,
               as
               to
               those
               points
               whereof
               they
               did
               declare
               their
               Resolutions
               ,
               notwithstanding
               the
               confident
               opinions
               of
               any
               others
               ,
               either
               private
               ,
               or
               singular
               persons
               ,
               to
               the
               contrary
               :
               And
               that
               the
               Kings
               Majesty
               and
               his
               Councels
               approbation
               being
               added
               
               thereunto
               ,
               should
               be
               of
               force
               enough
               to
               settle
               all
               doubts
               and
               differences
               concerning
               the
               same
               ,
               the
               rather
               ,
               for
               that
               antiently
               (
               as
               before
               is
               shewed
               )
               the
               Kings
               of
               England
               ,
               with
               their
               Councel
               only
               ,
               have
               made
               Constitutions
               concerning
               the
               Admiralty
               ,
               and
               that
               in
               point
               of
               Jurisdiction
               ,
               and
               it
               is
               apparent
               by
               the
               ancient
               Record
               ,
               cited
               both
               by
               Mr.
               Selden
               ,
               and
               Sir
               
                 Edward
                 Cook
              
               ,
               That
               the
               most
               famous
               Prince
               ,
               King
               Edward
               the
               3.
               (
               in
               whose
               time
               the
               Admiralty
               received
               its
               chief
               establishment
               )
               in
               the
               12.
               year
               of
               his
               Reign
               ,
               did
               consult
               and
               advise
               with
               his
               Councel
               ,
               and
               his
               Judges
               concerning
               the
               same
               ;
               And
               it
               may
               seem
               strange
               ,
               
               that
               whereas
               by
               the
               Statute
               of
               the
               13.
               of
               Richard
               the
               2.
               (
               whose
               Acts
               are
               insisted
               upon
               as
               the
               greatest
               obstructions
               to
               the
               Admirals
               Jurisdiction
               )
               the
               Kings
               Councel
               alone
               are
               enabled
               to
               decide
               ,
               what
               belongs
               to
               the
               Constables
               and
               Marshals
               Jurisdiction
               ,
               the
               King
               himself
               with
               his
               Councel
               ,
               and
               Judges
               ,
               should
               not
               have
               as
               much
               power
               to
               determine
               ,
               what
               belongs
               to
               the
               Jurisdictions
               of
               his
               Admiral
               .
            
          
        
         
           
           
             
             That
             the
             Courts
             ,
             and
             Iudges
             of
             the
             Common
             Law
             ,
             do
             intermeddle
             ,
             and
             interrupt
             the
             Courts
             of
             Admiralty
             in
             causes
             properly
             belonging
             to
             the
             same
             .
          
           
             HItherto
             it
             hath
             been
             Endeavour'd
             to
             be
             made
             appear
             ,
             That
             the
             proceedings
             in
             the
             Courts
             of
             Admiralty
             ,
             in
             the
             chief
             points
             in
             difference
             with
             the
             Courts
             of
             Common
             Law
             ,
             may
             consist
             with
             the
             Laws
             and
             Statutes
             of
             the
             Realm
             ;
             It
             may
             now
             be
             taken
             into
             Con●ideration
             ,
             how
             far
             the
             proceedings
             of
             the
             Courts
             and
             Judges
             of
             the
             Common
             Law
             ,
             in
             intermedling
             with
             causes
             properly
             belonging
             to
             the
             Admiralty
             ,
             and
             in
             obstructing
             the
             proceedings
             of
             that
             Court
             ,
             may
             be
             justified
             ;
             By
             the
             former
             ,
             is
             intended
             their
             drawing
             of
             such
             causes
             by
             actions
             of
             Trover
             ,
             and
             of
             Trespass
             ,
             to
             their
             Conusance
             ,
             by
             the
             later
             their
             disparaging
             of
             Stipulations
             ,
             and
             prescribing
             the
             forms
             of
             libells
             in
             such
             causes
             .
          
           
             The
             former
             may
             the
             rather
             be
             insisted
             upon
             ,
             in
             regard
             Sir
             
               Edward
               Cook
            
             doth
             so
             
             often
             ,
             and
             so
             earnestly
             in
             general
             inveigh
             against
             the
             encroaching
             of
             the
             Court
             of
             Admiralty
             upon
             the
             businesses
             belonging
             to
             the
             Courts
             of
             Common
             Law
             ,
             and
             in
             particular
             where
             he
             chargeth
             ,
             That
             in
             the
             blessed
             time
             of
             peace
             ,
             those
             who
             belong
             to
             that
             Court
             ,
             wanting
             businesses
             proper
             to
             that
             Jurisdiction
             ,
             do
             encroach
             upon
             matters
             belonging
             to
             the
             Kings
             Courts
             ,
             lest
             they
             should
             sit
             idle
             ,
             and
             have
             nothing
             to
             do
             ;
             the
             like
             practice
             of
             encroaching
             being
             far
             more
             unexcusable
             in
             those
             ,
             who
             belong
             to
             the
             Kings
             Courts
             ,
             which
             do
             alwayes
             abound
             with
             businesses
             sufficient
             for
             the
             same
             .
          
           
             Concerning
             the
             Actions
             of
             Trover
             .
             Amongst
             the
             grievances
             complained
             of
             by
             the
             Admiral
             ,
             8
             Iacob
             .
             It
             is
             presented
             in
             the
             first
             place
             ,
             That
             whereas
             the
             Conusance
             of
             all
             Contract
             ,
             and
             other
             things
             done
             on
             the
             Sea
             ,
             belongeth
             to
             the
             Admirals
             Jurisdiction
             ,
             the
             same
             are
             made
             triable
             at
             the
             Common
             Law
             ,
             by
             supposing
             the
             same
             to
             have
             been
             done
             in
             Cheap-side
             ,
             or
             such
             places
             :
             And
             under
             favour
             ,
             the
             answer
             thereunto
             is
             neither
             clear
             ,
             nor
             direct
             ,
             nor
             to
             the
             purpose
             ;
             For
             the
             ground
             of
             that
             answer
             being
             laid
             ,
             That
             the
             Admiral
             hath
             no
             Conusance
             of
             
             any
             thing
             done
             within
             any
             County
             ,
             it
             is
             said
             ,
             That
             it
             is
             not
             material
             whether
             the
             place
             be
             upon
             the
             Water
             ,
             
               Infra
               fluxum
               Aquae
            
             ;
             but
             whether
             it
             be
             upon
             any
             water
             within
             the
             County
             ;
             wherefore
             it
             is
             acknowledged
             ,
             That
             of
             things
             done
             upon
             the
             Sea
             ,
             out
             of
             any
             County
             ,
             the
             Admiral
             ought
             to
             have
             Jurisdiction
             ,
             and
             that
             no
             presidents
             can
             be
             shewed
             that
             any
             Prohibition
             hath
             been
             granted
             for
             any
             Contract
             ,
             Plea
             ,
             or
             Quarrel
             ,
             for
             any
             Maritine
             cause
             done
             upon
             the
             Sea.
             In
             this
             Answer
             it
             is
             confest
             ,
             That
             the
             Admiral
             ought
             to
             have
             Jurisdiction
             of
             things
             done
             on
             the
             Sea
             ,
             and
             that
             no
             Prohibitions
             have
             been
             granted
             for
             any
             such
             causes
             ;
             but
             whether
             by
             the
             supposal
             or
             fiction
             of
             a
             ships
             arriving
             in
             Cheap-side
             ,
             the
             Courts
             of
             Common
             Law
             do
             hold
             Plea
             of
             things
             done
             on
             the
             Sea
             ,
             it
             is
             nether
             confessed
             ,
             nor
             denied
             ,
             much
             less
             is
             there
             any
             reason
             given
             for
             the
             same
             .
             Where
             it
             is
             said
             ,
             It
             is
             not
             material
             whether
             the
             place
             be
             upon
             the
             water
             ,
             
               infra
               fluxum
               &
               refluxum
               Aquae
            
             ,
             but
             whether
             it
             be
             upon
             any
             water
             within
             the
             County
             ,
             That
             may
             be
             true
             ,
             in
             respect
             that
             it
             is
             supposed
             that
             all
             things
             done
             in
             the
             County
             belongs
             to
             the
             Conusance
             of
             the
             Common
             
             Law
             ;
             but
             when
             the
             place
             where
             a
             thing
             is
             done
             belongs
             apparently
             to
             anothe
             Jurisdiction
             which
             pretends
             as
             well
             to
             the
             right
             of
             the
             place
             ,
             as
             to
             the
             right
             of
             the
             cause
             ,
             the
             place
             of
             the
             action
             can
             in
             no
             wayes
             be
             suppressed
             ,
             and
             another
             suggested
             in
             the
             room
             thereof
             ;
             for
             if
             that
             be
             permitted
             ,
             the
             one
             Jurisdiction
             being
             the
             greater
             ,
             a
             more
             potent
             may
             soon
             swallow
             up
             the
             other
             ,
             not
             onely
             to
             the
             prejudice
             of
             the
             subjects
             for
             whose
             good
             the
             diversity
             of
             Courts
             were
             erected
             ,
             but
             also
             the
             wrong
             of
             the
             Prince
             from
             whom
             those
             Jurisdictions
             are
             derived
             .
          
           
             Sir
             
               Thomas
               Rydlye
            
             in
             his
             view
             of
             the
             Civil
             Laws
             ,
             further
             shews
             how
             injurious
             to
             the
             Admiralty
             ,
             and
             unreasonable
             this
             practice
             is
             ,
             in
             regard
             that
             in
             Law
             no
             Fiction
             ought
             to
             be
             admitted
             ,
             but
             such
             as
             is
             both
             possible
             ,
             and
             equitable
             ;
             First
             ,
             That
             it
             ought
             to
             be
             Possible
             ,
             because
             otherwise
             it
             were
             to
             admit
             that
             by
             way
             of
             supposition
             ,
             which
             nature
             will
             not
             alow
             ;
             and
             therefore
             although
             one
             that
             is
             dead
             ,
             to
             some
             constructions
             of
             Law
             ,
             may
             be
             feigned
             to
             be
             alive
             ,
             if
             at
             that
             time
             any
             of
             his
             equals
             in
             age
             be
             still
             living
             ,
             yet
             one
             who
             dyed
             two
             hundred
             
             years
             since
             ,
             cannot
             to
             any
             purpose
             be
             supposed
             to
             be
             living
             ,
             all
             of
             the
             same
             age
             being
             long
             before
             dead
             .
             Secondly
             ,
             The
             Fiction
             ought
             to
             be
             Equitable
             ,
             because
             if
             there
             be
             no
             reason
             for
             it
             ,
             it
             is
             altogether
             unnecessary
             and
             useless
             ;
             and
             therefore
             although
             the
             Law
             may
             admit
             a
             Fiction
             or
             supposition
             ,
             that
             a
             childe
             in
             the
             mothers
             womb
             ,
             is
             already
             born
             ,
             for
             its
             benefit
             ,
             in
             regard
             that
             otherwise
             it
             might
             be
             deprived
             of
             its
             filial
             portion
             ,
             or
             some
             other
             right
             in
             equity
             belonging
             to
             it
             ;
             yet
             where
             there
             is
             no
             such
             reason
             or
             equity
             ,
             it
             ought
             not
             to
             be
             admitted
             ,
             as
             vain
             and
             ridiculous
             ;
             but
             for
             the
             fiction
             of
             a
             ship
             to
             arrive
             in
             
               wardo
               de
               cheap
            
             ,
             where
             there
             is
             no
             water
             to
             bear
             or
             carry
             ,
             is
             of
             a
             thing
             utterly
             impossible
             ;
             and
             it
             is
             wholy
             void
             of
             equity
             ,
             because
             a
             Trial
             of
             any
             business
             thereupon
             cannot
             obtain
             any
             just
             and
             fait
             remedy
             thereby
             at
             the
             Common
             Law
             ,
             which
             might
             not
             have
             been
             had
             in
             the
             Court
             of
             Admiralty
             ,
             which
             is
             a
             more
             competent
             and
             proper
             Court
             ,
             for
             the
             trial
             of
             such
             things
             ,
             than
             any
             Court
             of
             the
             Common
             Law.
             
          
           
             Secondly
             ,
             Concerning
             Actions
             of
             Trespass
             ,
             the
             Admiral
             in
             his
             ordinary
             capacity
             claiming
             no
             Jurisdiction
             of
             offences
             
             against
             the
             Crown
             ,
             but
             onely
             on
             the
             Sea
             ,
             and
             of
             wrongs
             and
             injuries
             done
             in
             other
             places
             without
             force
             or
             violence
             ,
             to
             make
             such
             causes
             triable
             in
             the
             Kings
             Courts
             ,
             it
             is
             suggested
             ,
             that
             they
             were
             done
             
               vi
               &
               armis
            
             ,
             which
             is
             the
             usual
             form
             of
             Endictments
             of
             Trespasses
             in
             the
             Kings
             Bench
             (
             as
             of
             cutting
             of
             a
             purse
             )
             although
             in
             truth
             there
             were
             no
             fear
             ,
             nor
             violence
             used
             in
             committing
             the
             same
             .
          
           
             Touching
             the
             interrupting
             and
             obstructing
             the
             proceedings
             in
             the
             Court
             of
             Admiralty
             in
             causes
             properly
             belonging
             to
             the
             same
             ,
             concerning
             Stipulations
             and
             Libels
             ,
             although
             it
             may
             be
             presumed
             ,
             that
             what
             Sir
             
               Edward
               Cook
            
             affirms
             ,
             
             
               That
               where
               the
               principal
               matter
               is
               acknowledged
               to
               be
               of
               Ecclesiastical
               Cognisance
               ,
               the
               Temporal
               Iudges
               ought
               not
               to
               call
               in
               question
               the
               form
               of
               proceedings
               ,
               though
               they
               be
               against
               the
               reason
               of
               the
               Common
               Law
               ,
            
             because
             
               Cuilibet
               in
               sua
               arte
               merito
               credendum
               ,
            
             that
             the
             same
             should
             be
             allowed
             in
             the
             Admiral
             Court.
             
          
           
             Yet
             in
             the
             third
             Objection
             of
             the
             Complaint
             8
             Iacob
             ,
             it
             is
             shewed
             ,
             That
             whereas
             time
             out
             of
             minde
             the
             Admiral
             Court
             hath
             used
             to
             take
             Stipulations
             for
             appearance
             
             and
             performance
             of
             the
             Acts
             and
             Judgements
             of
             the
             same
             Court
             ;
             It
             is
             now
             affirmed
             by
             the
             Iudges
             of
             the
             Common
             Law
             ,
             that
             the
             Amiralty
             Court
             is
             no
             Court
             of
             Record
             ,
             and
             therefore
             not
             able
             to
             take
             such
             Stipulations
             ,
             and
             hereupon
             Prohibitions
             are
             granted
             to
             the
             utter
             overthrow
             of
             that
             Court.
             The
             answer
             whereunto
             is
             ,
             That
             the
             Admiralty
             proceeding
             by
             the
             Civil
             Law
             is
             no
             Court
             of
             Record
             ,
             and
             therefore
             cannot
             take
             any
             such
             Recognizances
             as
             a
             Court
             of
             Record
             may
             do
             ,
             and
             for
             taking
             of
             Recognizances
             against
             the
             Law
             of
             the
             Realm
             ,
             we
             finde
             that
             Prohibitions
             have
             been
             granted
             ,
             as
             by
             the
             Law
             they
             ought
             :
             And
             if
             an
             erronious
             sentence
             be
             given
             in
             that
             Court
             ,
             no
             Writ
             of
             Errour
             ,
             but
             an
             appeal
             to
             certain
             Delegates
             doth
             lye
             ,
             as
             it
             is
             apparent
             by
             the
             Statute
             of
             the
             8
             
               Eliz.
               Reginae
               Cap.
            
             5.
             which
             proveth
             that
             it
             is
             no
             Court
             of
             Record
             .
             Whereunto
             it
             may
             be
             replied
             :
          
           
             
             That
             some
             things
             done
             by
             ,
             or
             before
             the
             Admiral
             ,
             are
             matters
             of
             Record
             ,
             may
             be
             maintained
             from
             an
             ancient
             Ordinance
             of
             King
             Richard
             the
             first
             ,
             with
             advice
             of
             the
             Lords
             ,
             at
             Grimsby
             ,
             viz.
             
               That
               when
               the
               King
               writes
               by
               his
               Letters
               Patents
               
               to
               the
               Admiral
               to
               arrest
               Ships
               more
               or
               less
               for
               his
               service
               ,
               and
               that
               the
               Admiral
               should
               write
               to
               his
               Lieutenant
               to
               see
               things
               put
               in
               execution
               accordingly
               ,
               forasmuch
               as
               the
               Admiral
               and
               his
               Lieutenants
               are
               of
               Record
               ,
               After
               the
               Admiral
               shall
               have
               written
               to
               the
               King
               ,
               or
               to
               the
               Chancellour
               of
            
             England
             
               the
               names
               of
               the
               Ships
               arrested
               ,
               together
               with
               the
               names
               of
               the
               Owners
               and
               Masters
               of
               them
               ,
               in
               that
               case
               neither
               the
               Owner
               of
               the
               Ship
               ,
               nor
               the
               Master
               ,
               shall
               be
               admitted
               to
               say
               that
               the
               Ship
               is
               not
               arrested
            
             ;
             but
             admitting
             that
             the
             Court
             of
             Admiralty
             is
             not
             a
             Court
             of
             Record
             in
             ordinary
             matters
             ,
             no
             more
             are
             the
             Stipulations
             taken
             there
             ,
             such
             Recognizances
             as
             are
             required
             to
             be
             taken
             in
             Courts
             of
             Record
             by
             the
             Common
             Law
             ,
             those
             Stipulations
             causing
             no
             privileged
             obligations
             before
             other
             bonds
             ,
             nor
             extending
             to
             any
             part
             of
             mens
             Lands
             ,
             which
             is
             otherwise
             in
             Recognizances
             taken
             in
             Courts
             of
             Records
             by
             the
             Common
             Law
             ;
             And
             it
             may
             seem
             strange
             th●●
             〈◊〉
             
               Edward
               Cook
            
             acknowledging
             and
             ●●●●●ing
             the
             proceedings
             of
             that
             〈…〉
             according
             to
             the
             Civil
             Laws
             〈…〉
             Stipulations
             or
             bayls
             for
             the
             〈◊〉
             appearance
             ,
             and
             the
             performances
             of
             De●crees
             and
             Sentences
             in
             ●hat
             Court
             ▪
             pr●scribed
             
             by
             the
             Civil
             Law
             ,
             
               Ne
               judicia
               sint
               elusoria
            
             ,
             and
             unversally
             practised
             ,
             where
             judicial
             proceedings
             are
             according
             to
             that
             Law
             ,
             as
             likewise
             in
             this
             Kingdome
             in
             the
             Constable
             and
             Marshals
             Court
             ,
             and
             in
             the
             Courts
             of
             the
             Universities
             proceeding
             by
             the
             Civil
             Law
             ,
             the
             same
             should
             not
             be
             allowed
             in
             the
             Admiralty
             Court.
             
          
           
             And
             the
             complaint
             in
             this
             point
             may
             seem
             the
             more
             considerable
             ,
             in
             regard
             that
             ,
             to
             the
             publique
             Notaries
             about
             the
             Exchange
             ,
             with
             out
             Exception
             or
             Controll
             it
             hath
             been
             allowed
             ,
             That
             Merchants
             appearing
             before
             them
             ,
             (
             in
             a
             manner
             nearer
             to
             the
             Recognizances
             of
             the
             Common
             Law
             )
             do
             acknowledge
             bonds
             ,
             and
             bind
             ,
             
               Se
               &
               Executores
               ,
               &
               bona
               tam
               immobilia
               quam
               mobilia
               praesentia
               in
               futura
               ,
            
             And
             sometimes
             themselves
             being
             absent
             ,
             the
             same
             things
             are
             done
             in
             their
             nam●s
             by
             their
             servants
             ,
             or
             factors
             ,
             Exhibiting
             Procurations
             from
             them
             to
             that
             purpose
             ;
             And
             it
             may
             be
             noted
             ,
             that
             amongst
             Sir
             
               Edw.
               Cooks
            
             Authorities
             there
             cannot
             be
             discerned
             any
             Statute
             ,
             Judgement
             ,
             or
             Book-case
             ,
             to
             make
             good
             the
             Answer
             to
             that
             Objection
             ,
             in
             the
             Complaint
             .
          
           
           
             Secondly
             ,
             concerning
             Libells
             in
             the
             Court
             of
             Admiralty
             ,
             The
             Lord
             Hobard
             in
             Audly
             and
             Iennings
             case
             affirms
             ,
             that
             if
             a
             Contract
             in
             truth
             were
             made
             at
             Sea
             ,
             and
             in
             the
             Admirals
             Court
             it
             be
             laid
             generally
             ,
             without
             saying
             
               super
               alto
               mari
            
             ,
             a
             Prohibition
             might
             lye
             ,
             for
             the
             Libel
             must
             warrant
             the
             sure
             in
             it self
             ;
             But
             Justice
             Reeves
             in
             his
             Argument
             ,
             Paschae
             22.
             
             Garoli
             ,
             differs
             from
             him
             in
             opinion
             ,
             and
             distinguishes
             betwixt
             a
             particular
             Jurisdiction
             ,
             created
             in
             diminution
             of
             the
             general
             Courts
             of
             Common
             Law
             ,
             and
             a
             particular
             Jurisdiction
             over
             things
             that
             never
             did
             belong
             to
             the
             Courts
             of
             Common
             Law
             ,
             but
             which
             is
             wholly
             distinct
             from
             the
             same
             :
             In
             the
             first
             case
             he
             confesseth
             that
             it
             is
             necessary
             to
             allege
             the
             cause
             of
             Action
             to
             arise
             within
             the
             new
             created
             Jurisdiction
             ,
             because
             
               prima
               facie
            
             ,
             nay
             
               de
               Iure
            
             ,
             the
             Courts
             of
             Common
             Law
             have
             general
             Jurisdiction
             of
             those
             things
             ,
             but
             in
             the
             later
             case
             ,
             as
             of
             the
             Admiralty
             ,
             if
             the
             cause
             be
             Maritime
             ,
             there
             is
             no
             need
             to
             averr
             it
             to
             have
             been
             done
             upon
             the
             Sea
             ,
             out
             of
             any
             respect
             to
             the
             Courts
             of
             Common
             Law
             ,
             for
             that
             it
             doth
             not
             tend
             to
             the
             diminution
             of
             any
             of
             those
             Courts
             ,
             and
             for
             Confirmation
             
             thereof
             he
             affirms
             ,
             that
             the
             Jurisdiction
             of
             the
             Marshalsey
             ,
             stands
             partly
             upon
             the
             Statute
             
               Articuli
               super
               Chartas
            
             ,
             and
             the
             words
             of
             that
             Statute
             are
             as
             restrictive
             as
             any
             words
             of
             the
             Statutes
             touching
             the
             Admiralty
             ,
             and
             by
             the
             books
             of
             the
             Common
             Laws
             ,
             the
             Marshal
             cannot
             hold
             Plea
             in
             some
             cases
             unless
             both
             parties
             be
             of
             the
             Kings
             Houshold
             ,
             nor
             in
             any
             case
             unless
             one
             of
             the
             parties
             be
             so
             ,
             yet
             it
             is
             resolved
             ,
             that
             the
             Declaration
             is
             good
             ,
             although
             it
             be
             not
             averred
             therein
             ,
             that
             any
             of
             the
             parties
             be
             of
             the
             houshold
             ,
             and
             therefore
             a
             Fortiori
             it
             is
             not
             necessary
             in
             the
             Admiralty
             to
             specifie
             in
             the
             Libel
             the
             thing
             to
             have
             been
             done
             ,
             
               super
               alto
               mari
            
             ,
             the
             Admiralty
             Jurisdiction
             being
             more
             distinct
             from
             the
             Common
             Law
             ,
             than
             that
             of
             the
             Court
             of
             Marshalsey
             .
          
        
         
           
           
             That
             the
             trial
             of
             Causes
             concerning
             Navigation
             and
             Trade
             in
             the
             Court
             of
             Admiralty
             ,
             
             is
             more
             commodious
             for
             the
             Subjects
             ,
             and
             Kingdome
             of
             England
             ,
             than
             in
             the
             Courts
             of
             Common
             Law.
             
          
           
             HOw
             much
             the
             maintenance
             ,
             and
             advancement
             of
             Navigation
             ,
             and
             trade
             by
             Sea
             ,
             concerns
             the
             Kingdome
             ,
             and
             Subjects
             thereof
             ,
             Sir
             
               Edward
               Cook
            
             delivers
             ,
             
             who
             saith
             ,
             
               That
               Trade
               and
               Trafique
               is
               the
               lively-hood
               of
               a
               Merchant
               ,
               and
               the
               life
               of
               the
               Common-wealth
               ,
               wherein
               the
               Kingdome
               ,
               and
               every
               Subject
               hath
               interest
               ;
               For
               the
               Merchant
               is
               the
               good
               Bailiff
               of
               the
               Realm
               ,
               to
               Export
               ,
               and
               Vent
               the
               Native
               Commodities
               ,
               and
               to
               Import
               and
               bring
               in
               the
               necessary
               Commodities
               ,
               for
               the
               defence
               and
               benefit
               of
               the
               Realm
               .
            
             So
             much
             is
             confirmed
             by
             several
             Acts
             of
             Parliament
             ,
             fram'd
             by
             common
             consent
             of
             the
             Kingdome
             .
             The
             Statute
             of
             the
             32.
             of
             Henry
             the
             8.
             chap.
             24.
             sets
             forth
             ,
             
               That
               it
               is
               notoriously
               known
               that
               the
               Realm
               of
               England
               ,
               
               for
               the
               most
               part
               is
               invironed
               with
               the
               Seas
               ,
               so
               that
               the
               Subjects
               cannot
               convey
               ,
               and
               transport
               their
               Wares
               ,
               Merchandizes
               ,
               and
               Commodities
               by
               Land
               ,
               but
               only
               by
               Ships
               ,
               and
               that
               the
               Navy
               ,
               and
               multitude
               of
               Ships
               of
               the
               Realm
               ,
               is
               very
               commodious
               ,
               and
               necessary
               ,
               as
               well
               for
               the
               intercourse
               ,
               and
               concourse
               of
               Merchants
               ,
               conveying
               ,
               and
               transporting
               their
               Wares
               ,
               and
               Merchandizes
               ,
               and
               a
               great
               defence
               and
               security
               to
               this
               Realm
               ,
               as
               well
               to
               offend
               and
               defend
               ,
               as
               also
               for
               the
               maintenance
               of
               many
               Masters
               ,
               Mariners
               and
               Seamen
               ,
               and
               also
               hath
               been
               the
               chief
               maintenance
               and
               supportation
               of
               Cities
               ,
               Towns
               ,
               Havens
               ,
               and
               Creeks
               near
               adjoyning
               unto
               the
               Sea-coasts
            
             :
             Likewise
             that
             of
             the
             43.
             of
             
               Elizabeth
               ,
               chap.
            
             12.
             declares
             ,
             
               That
               it
               hath
               alwayes
               been
               the
               Policy
               of
               this
               Realm
               ,
               by
               all
               good
               means
               to
               comfort
               and
               encourage
               the
               Merchant
               ,
               thereby
               to
               advance
               the
               general
               Wealth
               of
               this
               Realm
               ,
            
             the
             Kings
             Customs
             ,
             and
             Strength
             of
             Shipping
             ,
             &c.
             
          
           
             
             It
             hath
             been
             formerly
             observed
             ,
             That
             for
             the
             encouragement
             of
             those
             who
             maintain
             trade
             by
             Sea
             ,
             in
             all
             Nations
             and
             States
             there
             have
             been
             special
             Judges
             appointed
             to
             hear
             and
             determine
             causes
             concerning
             Trade
             and
             affairs
             of
             the
             Sea
             ;
             and
             it
             may
             be
             further
             noted
             ,
             that
             such
             
             Judges
             have
             been
             directed
             to
             proceed
             at
             such
             times
             ,
             and
             in
             such
             manner
             ,
             as
             might
             best
             consist
             ,
             with
             the
             opportunities
             of
             Trade
             ,
             and
             least
             hinder
             or
             detain
             men
             from
             their
             Imployments
             .
             
             Amongst
             the
             Graecians
             ,
             as
             at
             Athens
             ,
             it
             was
             provided
             ,
             
               That
               all
               sutes
               betwixt
               Sea-men
               and
               Merchants
               should
               be
               determined
               in
               those
               vacations
               when
               the
               Seas
               were
               barred
               ,
               or
               in
               those
               Moneths
               when
               Navigation
               was
               restrained
            
             ;
             So
             much
             is
             confirmed
             by
             
               Salmatius
               ,
               Eo
               tempore
               quo
               oritur
               Arcturus
               navigationes
               suas
               ut
               plurimum
               desinebant
               mercatores
               ,
               domumque
               redibant
               ;
               Boedromion
               quippe
               mensis
               qui
               septembri
               respondet
               ,
               quo
               tempore
               ferè
               Arcturus
               oritur
               ,
               terminus
               erat
               navigationum
               Atticarum
               ,
               ideo
               ab
               eo
               mense
               Munichi●nem
               usque
               quo
               mense
               iterum
               se
               mari
               committebant
               ,
               ac
               vela
               dabunt
               ,
               Mercatores
               Athenienses
               in
               urbe
               desidebant
               ,
               &
               lites
               suas
               disceptabant
               ,
               ut
               videre
               est
               apud
               Demosthenem
               adversus
               Apaturium
               .
            
             
             Amongst
             the
             Romans
             likewise
             ,
             for
             the
             better
             dispatch
             of
             causes
             concerning
             Sea-businesses
             ,
             the
             Judges
             were
             ordered
             to
             proceed
             ,
             
               Levato
               velo
            
             ,
             and
             
               de
               plano
            
             ,
             without
             that
             Solemnity
             ,
             and
             formality
             which
             was
             used
             in
             ordinary
             Courts
             ,
             and
             Causes
             ;
             So
             in
             
               Italy
               ,
               Spain
            
             ,
             and
             France
             ,
             the
             Judges
             proceed
             in
             
             causes
             concerning
             the
             Sea
             ,
             Summarily
             and
             in
             a
             more
             compendious
             way
             than
             other
             Judges
             use
             ;
             And
             the
             like
             ,
             as
             Sir
             
               Iohn
               Davies
            
             relates
             ,
             hath
             seemed
             to
             the
             wisdome
             of
             this
             Kingdome
             ,
             
               Our
               Parliaments
            
             ,
             saith
             He
             ,
             
               have
               not
               only
               made
               extraordinary
               provisions
               ,
               for
               a
               more
               speedy
               recovery
               of
               debts
               due
               unto
               Merchants
               ,
               for
               their
               Merchandizes
               ,
               than
               is
               provided
               by
               our
               Common
               Law
               ,
               as
               appears
               by
               the
               Statute
               of
            
             Acton
             Burnel
             ,
             
               made
               the
            
             11.
             of
             Edward
             1.
             
               and
               the
               Statute
            
             De
             Mercatoribus
             ,
             
               made
               the
            
             13.
             of
             Edward
             1.
             
               but
               also
               hath
               allowed
               a
               Court
               of
               Proceedings
               in
               cases
               of
               Merchants
               ,
               different
               from
               the
               course
               of
               our
               Common
               Law
               ;
               For
               by
               the
               Statute
               of
               the
            
             27.
             of
             Edw.
             3.
             cap.
             2.
             
               it
               is
               declared
               ,
               That
               the
               proceedings
               in
               causes
               of
               Merchants
               shall
               be
               from
               day
               to
               day
               ,
               and
               from
               hour
               to
               hour
               ,
               according
               to
               the
               Law
               of
               the
               Staple
               ,
               and
               not
               according
               to
               the
               course
               of
               the
               Common
               Law
            
             ;
             and
             by
             another
             Article
             in
             the
             same
             Parliament
             ,
             
               That
               all
               Merchants
               coming
               to
               the
               Staple
               shall
               be
               ruled
               by
               Law-merchant
               ,
               touching
               all
               things
               coming
               to
               the
               Staple
               ,
            
             and
             not
             by
             the
             
               Common
               Law
               of
               the
               Land
            
             ;
             and
             by
             another
             Article
             ,
             
               That
               neither
               any
               of
               the
               Benches
               ,
               nor
               any
               of
               the
               Iudges
               of
               the
               Common
               Law
               shall
               have
               any
               Iurisdiction
               in
               those
               cases
               .
            
             To
             which
             may
             
             be
             added
             the
             Statute
             of
             32
             of
             Hen.
             8.
             
             Chap.
             15.
             and
             of
             the
             43
             of
             
               Elizabeth
               ,
               Chap.
            
             12.
             which
             direct
             ,
             
               That
               such
               causes
               betwixt
               Seamen
               and
               Merchants
               shall
               be
               ordered
               summarily
               ,
               and
               without
               delay
               ,
               and
               as
               in
               discretion
               shall
               seem
               most
               convenient
               .
            
             All
             which
             was
             ,
             and
             may
             be
             observed
             in
             the
             Court
             of
             the
             Admiralty
             ,
             which
             in
             many
             causes
             proceed
             at
             any
             time
             ,
             and
             in
             all
             causes
             summarily
             ,
             and
             according
             to
             Equity
             ,
             but
             neither
             is
             ,
             nor
             can
             be
             observed
             in
             Courts
             of
             Common
             Law
             ,
             which
             are
             open
             onely
             in
             Term
             times
             ,
             and
             proceed
             in
             an
             ordinary
             and
             strict
             way
             .
          
           
             Secondly
             ,
             For
             the
             advantage
             of
             those
             who
             use
             Navigation
             ,
             and
             Trade
             by
             Sea
             ,
             The
             Law-merchant
             and
             Laws
             of
             the
             Sea
             admit
             of
             divers
             things
             not
             agreeable
             to
             the
             Common
             Law
             of
             the
             Realm
             ,
             which
             may
             be
             better
             insisted
             on
             in
             the
             Court
             of
             Admiralty
             ,
             than
             in
             the
             Courts
             of
             the
             Common
             Law.
             So
             much
             is
             likewise
             declared
             by
             Sir
             
               Iohn
               Davyes
            
             ,
             relating
             several
             instances
             to
             that
             purpose
             .
             1.
             
             
               If
               two
               Merchants
               ,
               saith
               he
               ,
               be
               joynt
               Owners
               ,
               or
               Partners
               of
               Merchandizes
               ,
               which
               they
               have
               acquired
               by
               a
               joynt
               Contract
               ,
               the
               one
               shall
               have
               an
               Action
               of
               account
               against
               the
               
               other
               ,
            
             Secundum
             Legem
             Mercatoriam
             ,
             
               but
               by
               the
               Rule
               of
               the
               Common
               Law
               ,
               if
               two
               men
               be
               joyntly
               seized
               of
               other
               goods
               ,
               the
               one
               shall
               not
               call
               the
               other
               to
               account
               for
               the
               same
               .
            
             2.
             
             
               If
               two
               Merchants
               have
               a
               joynt
               interest
               in
               Merchandizes
               ,
               if
               one
               dye
               ,
               the
               surviver
               shall
               not
               have
               all
               ,
               but
               the
               Executor
               of
               the
               party
               deceased
               ,
               shall
               by
               the
               Law-Merchant
               call
               the
               surviver
               to
               an
               account
               for
               the
               Moity
               ,
               whereas
               by
               the
               Rule
               of
               the
               Common
               Law
               ,
               if
               their
               be
               two
               joynt
               Tenants
               of
               other
               goods
               ,
               the
               surviver
            
             Perjus
             accrescendi
             
               shall
               have
               all
            
             .
             3.
             
             
               In
               an
               Action
               of
               Debt
               upon
               a
               simple
               Contract
               ,
            
             (
             which
             is
             without
             a
             Deed
             in
             Writing
             )
             
               the
               Defendant
               by
               the
               Common
               Law
               may
               wage
               his
               Law
               ,
            
             That
             is
             ,
             he
             may
             barr
             the
             Plaintiff
             from
             his
             Action
             ,
             by
             taking
             an
             Oath
             that
             he
             doth
             not
             owe
             the
             Debt
             ,
             
               but
               when
               one
            
             John
             Cumpton
             
               Merchant
               brought
               an
               Action
               of
               debt
            
             Secundum
             Legem
             Mercatoriam
             
               against
               another
               Merchant
               upon
               a
               Contract
               ,
               without
            
             Deed
             ,
             
               and
               the
               Defendant
               would
               have
               waged
               his
               Law
               ,
               he
               was
               not
               permitted
               so
               to
               do
               ,
            
             and
             the
             Judgement
             was
             given
             for
             the
             Plaintiff
             .
             It
             is
             not
             hereby
             intended
             that
             the
             Courts
             of
             Common
             Law
             cannot
             or
             do
             not
             take
             notice
             of
             the
             Law-Merchant
             ,
             in
             Merchants
             cases
             ,
             but
             that
             other
             things
             likewise
             
             considered
             ,
             it
             might
             be
             thought
             reasonable
             ,
             if
             they
             so
             desire
             ,
             to
             allow
             them
             the
             choice
             of
             that
             Court
             ,
             where
             the
             Law-Merchant
             is
             more
             respected
             ,
             than
             to
             confine
             them
             to
             other
             Courts
             ,
             where
             another
             Law
             is
             more
             predominant
             .
             Besides
             ,
             there
             may
             be
             danger
             of
             doubt
             thereof
             ,
             because
             those
             things
             are
             not
             approved
             for
             proofs
             at
             the
             Common
             Law
             ,
             which
             are
             held
             sufficient
             in
             the
             Admiralty
             amongst
             the
             Merchants
             ;
             for
             as
             Sir
             
               Iohn
               Davies
            
             further
             observes
             ,
             
               At
               the
               Common
               Law
               no
               mans
               Writing
               can
               be
               pleaded
               against
               him
               ,
               as
               his
               Act
               ,
               and
               Deed
               ,
               unless
               the
               same
               be
               sealed
               ,
               and
               delivered
               :
               But
               in
               sutes
               between
               Merchants
               ,
               Bills
               of
               Lading
               ,
               and
               Bills
               of
               Exchange
               ,
               being
               but
               ticquets
               ,
               without
               Seals
               ,
               Letters
               of
               advice
               ,
               and
               Credence
               ,
               Policies
               of
               assurance
               ,
               Assignations
               of
               Debts
               ,
               all
               which
               are
               of
               no
               force
               at
               the
               Common
               Law
               ,
               are
               of
               good
               credit
               and
               force
               by
               the
               Law-Merchant
               .
            
             To
             which
             may
             be
             added
             ,
             what
             Malines
             observes
             ,
             That
             the
             bearer
             of
             such
             Bills
             ,
             by
             the
             course
             amongst
             Merchants
             ,
             shall
             be
             admitted
             to
             demand
             ,
             and
             recover
             the
             Contracts
             ,
             without
             Letters
             of
             Atturney
             ,
             which
             is
             not
             admitted
             in
             the
             Common
             Law.
             It
             is
             moreover
             considerable
             ,
             That
             the
             Law
             of
             the
             Sea
             
             looks
             one
             way
             ,
             when
             the
             Common
             Law
             looks
             another
             ;
             As
             for
             instance
             ,
             A
             Ship
             is
             Freighted
             ,
             or
             hired
             for
             a
             Voyage
             to
             the
             Indies
             ,
             at
             20
             l.
             per
             moneth
             by
             Charter-party
             ,
             it
             appeareth
             that
             having
             been
             eight
             Moneths
             in
             the
             Imployment
             of
             the
             Merchant
             ,
             who
             Freighted
             her
             ,
             before
             she
             makes
             any
             Port
             ,
             with
             her
             Lading
             she
             perisheth
             in
             the
             Sea
             ,
             in
             this
             case
             by
             the
             Common
             Law
             ,
             as
             it
             hath
             been
             averred
             ,
             the
             Owner
             of
             the
             Ship
             ought
             to
             have
             Freight
             for
             eight
             Moneths
             :
             but
             by
             the
             Law
             of
             the
             Sea
             ,
             which
             hath
             alwayes
             been
             allowed
             ,
             The
             Merchant
             losing
             his
             goods
             ,
             the
             Owner
             loseth
             his
             Freight
             ;
             Again
             ,
             if
             the
             Owner
             loseth
             his
             Freight
             ,
             the
             Mariner
             ,
             although
             he
             escape
             ,
             loseth
             his
             Wages
             ,
             for
             the
             time
             he
             served
             ,
             which
             happily
             would
             not
             be
             thought
             so
             if
             he
             sued
             at
             the
             Guild-Hall
             for
             the
             same
             .
          
           
             Thirdly
             ,
             for
             encouragement
             and
             advantage
             of
             those
             who
             use
             Navigation
             and
             Trade
             by
             Sea
             ,
             it
             is
             considerable
             ,
             That
             in
             the
             Court
             of
             Admiralty
             ,
             one
             and
             the
             same
             Action
             may
             be
             brought
             against
             diverse
             and
             several
             persons
             ,
             undertaking
             the
             same
             business
             ,
             as
             when
             many
             joyn
             in
             subscription
             to
             a
             Policy
             of
             assurance
             ,
             but
             if
             a
             sute
             be
             brought
             at
             the
             Common
             
             Law
             ,
             every
             man
             must
             be
             sued
             severally
             ,
             which
             the
             Parliament
             in
             the
             Act
             concerning
             assurances
             ,
             held
             inconvenient
             ;
             and
             in
             the
             like
             manner
             ,
             divers
             and
             several
             Persons
             may
             joyn
             in
             the
             same
             sute
             ,
             as
             Mariners
             for
             wages
             ,
             at
             a
             small
             charge
             to
             themselves
             ,
             with
             little
             prejudice
             to
             the
             Masters
             ,
             or
             Owners
             which
             are
             sued
             ,
             and
             obtain
             a
             Decree
             or
             Order
             all
             together
             ,
             whereas
             when
             they
             sue
             at
             the
             Guild-Hall
             ,
             every
             man
             sues
             severally
             ,
             to
             the
             great
             charge
             of
             every
             particular
             ,
             and
             to
             the
             excessive
             dammage
             of
             the
             Masters
             ,
             or
             Owners
             ,
             if
             Judgements
             be
             given
             against
             them
             ,
             Besides
             the
             inconvenience
             (
             of
             which
             the
             Statute
             of
             the
             28.
             of
             Hen.
             the
             8.
             cap.
             15.
             takes
             notice
             )
             That
             if
             Mariners
             or
             Shippers
             ,
             which
             by
             reason
             of
             their
             often
             Voyages
             and
             Passages
             must
             depart
             ,
             without
             long
             tarrying
             and
             protracting
             of
             time
             ,
             be
             enforced
             to
             attend
             the
             ordinary
             terms
             of
             the
             Common
             Law.
             
          
           
             Fourthly
             ,
             the
             Court
             of
             Admiralty
             for
             the
             conveniency
             and
             dispatch
             of
             Merchants
             ,
             and
             Sea-mens
             causes
             ,
             admits
             of
             proofs
             ,
             which
             the
             Courts
             of
             Common
             Law
             do
             not
             allow
             ,
             for
             in
             that
             Court
             according
             to
             the
             Civil
             Law
             ,
             the
             Plaintiff
             
             may
             be
             relieved
             by
             the
             Defendants
             answer
             ,
             upon
             Oath
             ,
             which
             in
             the
             ordinary
             Courts
             of
             the
             Common
             Law
             is
             not
             afforded
             ;
             Again
             ,
             whereas
             in
             those
             Courts
             the
             Evidence
             must
             be
             produced
             at
             the
             Barr
             ,
             before
             the
             Jury
             ,
             Sea-men
             ,
             and
             Mariners
             ,
             which
             are
             many
             times
             necessary
             witnesses
             ,
             for
             the
             reason
             before
             exprest
             ,
             cannot
             be
             present
             without
             great
             prejudice
             to
             themselves
             and
             the
             Trade
             of
             the
             Kingdome
             ;
             But
             in
             the
             Admiralty
             Court
             they
             may
             be
             produc'd
             at
             any
             time
             ,
             after
             the
             sute
             is
             begun
             ,
             and
             their
             Examinations
             being
             taken
             in
             Writing
             ,
             they
             have
             liberty
             to
             follow
             their
             own
             ,
             and
             the
             common
             occasions
             .
             Moreover
             ,
             many
             times
             in
             causes
             concerning
             Navigation
             ,
             and
             Trade
             by
             Sea
             ,
             no
             proof
             can
             be
             made
             ,
             but
             by
             Witnesses
             remaining
             in
             Forein
             parts
             ,
             to
             which
             the
             Writs
             of
             the
             Common
             Law
             do
             not
             extend
             ,
             but
             those
             Witnesses
             by
             Commission
             out
             of
             the
             Admiralty
             Court
             ,
             are
             usually
             sworn
             and
             examined
             by
             Magistrates
             in
             those
             places
             ,
             and
             their
             examinations
             so
             taken
             are
             allowed
             for
             sufficient
             proof
             upon
             return
             .
          
           
             Divers
             other
             instances
             might
             be
             given
             ,
             by
             which
             it
             would
             appear
             that
             the
             Court
             
             of
             Admiralty
             can
             give
             redress
             in
             Sutes
             concerning
             Navigation
             and
             Trade
             with
             more
             conveniency
             than
             the
             Courts
             of
             Common
             Law
             ;
             but
             these
             considered
             ,
             and
             how
             much
             it
             concerns
             the
             good
             of
             the
             Kingdome
             ,
             and
             those
             who
             s●pport
             Navigation
             and
             Trade
             ,
             may
             be
             sufficient
             to
             discover
             ,
             which
             Court
             may
             be
             best
             justified
             in
             proceeding
             in
             causes
             of
             that
             nature
             .
          
           
             What
             inconvenience
             may
             follow
             both
             to
             the
             Private
             and
             Publick
             by
             the
             interposing
             of
             the
             Courts
             of
             Common
             Law
             ,
             and
             by
             obstructions
             made
             unto
             the
             Admiralty
             in
             such
             businesses
             ,
             may
             appear
             in
             one
             particular
             ,
             that
             is
             concerning
             Charter-parties
             and
             Freight
             due
             for
             imployment
             of
             shipping
             .
             There
             is
             but
             one
             instance
             given
             of
             a
             Sute
             brought
             at
             the
             Common
             Law
             upon
             a
             Charter-party
             ,
             viz.
             the
             28
             of
             Elizabeth
             ,
             which
             was
             on
             the
             Merchants
             part
             for
             breach
             of
             Covenant
             ,
             viz.
             for
             not
             staying
             in
             a
             Port
             of
             discharge
             so
             many
             dayes
             as
             were
             agreed
             upon
             ,
             for
             which
             the
             Owner
             was
             condemned
             in
             500
             l.
             without
             any
             respect
             to
             the
             Loss
             or
             Damage
             which
             the
             Merchant
             had
             sustained
             :
             And
             if
             it
             be
             considered
             how
             many
             clauses
             there
             are
             in
             Charter-parties
             ,
             
             and
             Covenants
             of
             things
             to
             be
             performed
             for
             which
             the
             Owners
             are
             bound
             under
             a
             general
             penalty
             ,
             if
             upon
             every
             breach
             advantage
             should
             be
             taken
             in
             extremity
             ,
             no
             man
             would
             have
             great
             comfort
             in
             hiring
             out
             Ships
             to
             the
             Sea
             :
             And
             it
             may
             be
             observed
             ,
             that
             there
             is
             no
             President
             that
             ever
             any
             man
             sued
             for
             Freight
             at
             the
             Common
             Law
             ,
             which
             argues
             much
             difficulty
             in
             that
             way
             ,
             as
             probably
             the
             performance
             of
             the
             Voyage
             being
             to
             be
             maintained
             by
             such
             proofs
             as
             cannot
             be
             produced
             in
             those
             Courts
             .
             And
             whereas
             it
             is
             affirmed
             ,
             That
             infinite
             Prohibitions
             have
             been
             granted
             in
             causes
             commenced
             in
             the
             Admiralty
             upon
             Charter-parties
             ,
             it
             must
             follow
             ,
             that
             thereby
             was
             occasioned
             infinite
             loss
             to
             the
             Owners
             of
             the
             Shipping
             ,
             it
             being
             most
             probable
             by
             what
             hath
             been
             observed
             ,
             That
             the
             cause
             for
             Freight
             being
             stopped
             in
             the
             Admiralty
             ,
             there
             was
             no
             means
             to
             recover
             the
             same
             in
             the
             Courts
             of
             the
             Common
             Law.
             For
             that
             is
             a
             certain
             Rule
             ,
             That
             that
             Merchant
             which
             declines
             that
             Court
             knows
             he
             is
             in
             no
             danger
             elsewhere
             ;
             and
             it
             falls
             out
             many
             times
             ,
             That
             for
             long
             Voyages
             great
             summs
             are
             due
             for
             Freight
             ,
             and
             Merchants
             
             not
             alwayes
             having
             good
             success
             ,
             are
             sometimes
             put
             to
             their
             shifts
             ,
             but
             how
             far
             it
             stands
             with
             the
             dignity
             of
             the
             High
             Courts
             to
             countenance
             ,
             or
             in
             truth
             afford
             protection
             to
             such
             shifts
             ,
             we
             leave
             them
             to
             consider
             ,
             but
             no
             man
             can
             conceive
             otherwise
             ,
             than
             that
             those
             courses
             must
             needs
             more
             weaken
             the
             Shipping
             of
             the
             Kingdome
             ,
             than
             divers
             Ordinances
             and
             Constitutions
             intended
             for
             the
             maintenance
             thereof
             can
             possibly
             advance
             the
             same
             .
             Besides
             the
             decay
             of
             Shipping
             ,
             these
             things
             conduce
             to
             the
             impoverishing
             of
             Mariners
             who
             are
             the
             life
             of
             Shipping
             ,
             for
             Freight
             is
             said
             to
             be
             the
             mother
             of
             wages
             ,
             and
             the
             Owner
             losing
             his
             Freight
             ,
             the
             Mariner
             cannot
             so
             well
             obtain
             his
             wages
             ,
             and
             in
             consequence
             must
             betake
             himself
             to
             some
             other
             course
             of
             life
             .
          
           
             The
             like
             inconvenience
             falls
             out
             in
             Trade
             and
             Commerce
             ,
             when
             Prohibitions
             are
             granted
             for
             Contracts
             ,
             or
             things
             done
             
               in
               partibus
               exteris
               &
               transmarinis
            
             ,
             The
             Merchant
             if
             he
             can
             avoid
             the
             Admiralty
             where
             he
             must
             answer
             upon
             Oath
             ,
             and
             proof
             may
             be
             made
             by
             Commission
             ,
             thinks
             himself
             secure
             from
             any
             danger
             at
             the
             Common
             Law.
             And
             although
             it
             may
             be
             supposed
             that
             remedy
             
             may
             be
             given
             in
             the
             Chancery
             ,
             yet
             howsoever
             it
             is
             possible
             it
             is
             not
             usual
             for
             that
             Court
             to
             send
             Commissions
             into
             Forein
             parts
             ,
             and
             the
             pretence
             is
             for
             the
             right
             of
             Jurisdiction
             in
             the
             Kings
             Courts
             of
             the
             Common
             Law
             ,
             without
             respect
             to
             the
             Chancery
             ,
             to
             which
             sir
             
               Ed.
               Cook
            
             seems
             to
             be
             no
             great
             friend
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A67861-e530
           
             Articu●i
             Admiralitatis
             .
          
           
             
               The
               processe
               and
               proceedings
               in
               this
               Court
               are
               in
               the
               name
               of
               the
               Lord
               Admiral
               .
            
          
           
             
               The
               Title
               of
               the
               Complaint
            
             .
          
           
             
               Obj●ct
               .
               1.
            
             
          
           
             Answer
             .
          
           
             
               Object
               .
               2.
            
             
          
           
             Answer
             .
          
           
             
               See
               hereafter
               in
               the
               proof
               by
               Judgements
               ,
               &
               Judicial
               Presidents
               .
            
          
           
             
               Object
               .
               3.
            
             
          
           
             Answer
             .
          
           
             
               8
               Eliz.
               Cap.
               5.
            
             
          
           
             
               Object
               .
               4.
            
             
          
           
             Answer
             .
          
           
             
               Object
               .
               5.
            
             
          
           
             Answer
             .
          
           
             
               13
               R.
               2.
               
               Cap
               3.15
               R.
               2.
               
               Cap.
               5.
               2
               
               H.
               4.
               
               Cap.
               11.
               
            
          
           
             
               Object
               .
               6.
            
             
          
           
             Answer
             .
          
           
             
               Object
               .
               7.
            
             
          
           
             Answer
             .
          
           
             
               Object
               .
               8.
            
             
          
           
             Answer
             .
          
        
         
           Notes for div A67861-e1480
           
             Assert
             .
             1
          
           
             
               Commene
               sur
               les
               Cutumes
               de
               Normandy
               Te
               d●
               V●●ces
               .
            
          
           
             
               Orat.
               pro
               Lege
               Mamlia
            
             .
          
           
             
               Pro●heio●
               l.
            
             2.
             l●
             .
             11.
             
          
           
             
               L.
               Deprecatio
               D.
               de
               l.
               Rhod
            
          
           
             D
             ▪
             
               Dominio
               Maris
               l.
            
             1.
             c.
             10.
             
          
           
             
               Orbis
               marit●●i
               .
               lib.
            
             1
             c.
             30.
             
          
           
             
               Tract
               de
               Navigat
               ,
               et
               mercatura
               .
            
          
           
             
               D●
               Sulseudis
               T●t
               .
               de
               Officio
               Adm●●alli
               .
            
          
           
             
               Praefat
               del
               Cont.
               solato
               de
               c.
            
             44.
             
          
           
             Partid
             .
             5.
             et
             .
             9.
             
          
           
             
               Fontavon
               Les
               Edicts
               de
               Flance
               Tom.
            
             3.
             
          
           
             Ar●●●
             19.
             
          
           
             
               Flores
               ●●ar
               sae
               ad
               ●●deprecatio
            
             .
          
           
             
               A
               bridg
               .
               of
               Sea
               Laws
               .
               c.
               
            
          
           
             Part.
             1.
             c.
             
          
           
             
               ad
               Sect.
            
             3.
             
          
           
             c.
             8.
             
          
           
             Sir
             
               Iohn
               Hayward
               in
               the
               life
               of
               Ed.
            
             6.
             
          
           
             
               ad
               Sect.
            
             3.
             
          
           
             c.
             32.
             p.
             39.
             
          
           
             Offic.
             3.
             
          
           
             
               De
               Dom.
               Maris
               .
               l.
            
             2.
             c.
             28.
             
          
           
             
               ad
               cap.
            
             32.
             
          
           
             
               De
               Dom.
               Maris
               p.
            
             254.
             
          
           
             
               Coment
               on
               Liltt
               .
               Sect.
            
             234.
             
          
           
             Part.
             1.
             c.
             17.
             
          
           
             Assert
             .
             2
          
           
             
               Syntag.
               l.
            
             47.
             c.
             37.
             
          
           
             
               Petit
               de
               Legib.
               Atticis
            
             .
          
           
             
               in
               Verrem
            
             7.
             
             Decad.
             3.
             l.
             3.
             l.
             46.
             
               ad
               Senatus
               Trebes
               .
               l.
               Lib.
            
             14.
             
          
           
             1
             
               ult
               .
               C.
               de
               Commercijs
            
             .
          
           
             cap.
             20.
             
          
           
             
               Morisonis
               l.
            
             2.
             c.
             27.
             
          
           
             
               Sansovinus
               lib.
            
             17.
             
          
           
             
               Chassan
               ,
               Catal.
               p.
            
             9.
             cons.
             26.
             
          
           
             
               Freeca
               de
               offic
               .
               Admir
            
             .
          
           
             
               Moris
               l.
            
             2.
             c.
             22.
             
          
           
             
               Edit
               .
               per
               Fontan
            
             .
          
           
             Tit.
             2.
             c.
             14.
             
          
           
             
               Abrigd
               .
               c.
            
             1
             
          
           
             
               De
               Dem.
               Maris
               l.
            
             2.
             c.
             27.
             
          
           
             
               Iurisdictiones
               p.
            
             142
             
          
           
             Selden
             l.
             2.
             c.
             16.
             
          
           
             Assert
             .
             3
          
           
             
               Tit.
               de
               Varl●t
            
             .
          
           
             
               G●omat
               .
               verb.
            
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             
               Iac.
               Godefred
               .
               Comment
               .
               ad
            
             1.
             
             Deprecatio
             .
          
           
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             lib.
             33.
             
          
           
             Cap.
             24.
             
          
           
             Partid
             .
             5.
             
             &
             9.
             
          
           
             
               Tit.
               de
               Vareos
            
             .
          
           
             
               Lenthal
               &
               alii
               contr
               .
               D.
               Will.
               Russel
               &
               alii
               .
            
          
           
             Assert
             .
             4
          
           
             
               Iurisd
               .
               of
               Courts
               c.
            
             6.
             
             F.
             127.
             
          
           
             
               De
               Dom.
               Maris
               l.
            
             18
             c
             17.
             
          
           
             ●
             &
             2
             
               Phil.
               &
               Mar.
            
             
          
           
             
               Iurisd
               .
               of
               Courts
               p.
            
             330.
             
          
           
             
               Gloss.
               ●
               .
               Admiral
            
             .
          
           
             
               Iurisd
               .
               of
               Courts
               p.
            
             142.
             
          
           
             Ibid.
             144.
             
          
           
             Lib.
             2.
             c.
             16.
             
          
           
             Assert
             .
             5
          
           
             
               Notes
               upon
            
             Fort●●cue
             B
             6.
             p
             29.
             v.
             557.
             
          
           
             
               Lex
               Mercat
               .
               p.
            
             1.
             cap.
             21.
             
          
           
             P.
             1
             cap.
             24
             
          
           
             
               D.
               lib.
               tit
            
             .
             2.
             
             
               C.
               lib.
            
             4.
             t.
             33.
             
          
           
             
               D.
               Vs●ris
               cap
            
             2.
             
          
           
             
               Comment
               in
               Littleton
               Sect.
            
             43.
             
          
           
             
               Iurisdict
               .
               of
               Courts
            
             p.
             330.
             
          
           
             Artic.
             49.
             
          
           
             
               De
               Vusuris
               c.
            
             2.
             
          
           
             
               l.
               exigere
               ,
               D.
               de
               Iudiciis
               .
            
          
           
             
               Donatio
               in
               Matrimonium
            
             .
          
           
             Sect.
             136.
             
          
           
             P.
             ●
             c.
             24.
             
          
           
             Assert
             .
             6
          
           
             l.
             39.
             
             
               D.
               de
               verb.
               signif
               ▪
            
          
           
             
               De
               Dominio
               Maris
               lib.
            
             2.
             cap.
             18.
             
          
           
             
               Iurisdict
               .
               of
               Courts
               p.
            
             283.
             lib.
             2.
             
               de
               Eaux
               &
               Forests
               art
            
             .
             1.
             cap.
             1.
             
          
           
             cap.
             32.
             p.
             31.
             
          
           
             Lib.
             2.
             c.
             ●4
             p.
             188.
             
          
           
             Assert
             7
          
           
             
               B.
               b.
               p.
            
             3.
             
               &
               p.
            
             157.
             
          
           
             P.
             1.
             c.
             13.
             
          
           
             P.
             1.
             c.
             13.
             
          
           
             8
             Carol.
             
          
           
             Sir
             Christopher
             Wray
             ,
             
               L.
               chief
               Iustice
               ,
               Dr.
            
             Davy
             Lewis
             ,
             
               Iudge
               of
               the
               Admiralty
            
             .
          
           
             1
             Request
             .
          
           
             Answer
             .
          
           
             2
             Request
             .
          
           
             Answer
             .
          
           
             3
             Request
             .
          
           
             Answer
             .
          
           
             4
             Request
             .
          
           
             Answer
             .
          
           
             5
             Request
             .
          
           
             Answer
             .
          
           
             Stat.
             1.
             c.
             2.
             
          
           
             Assert
             .
             8
          
           
             Cook
             4
             
               Reports
               ,
               p
            
             29.3
             H
             6
             14
             ●
             1●
             .
             H.
             7.9
             .
          
           
             
               E.
               ●
               p.
            
             28.
             
               &
               p.
            
             15.
             
          
           
             Assert
             .
             9
          
           
             
               Comment
               upon
            
             Magna
             Chart.
             Fol.
             28.
             
          
           
             
               Sholes
               syntag
            
             47.
             ●it
             .
             37.
             
          
           
             
               Petitus
               de
               Legibus
               Atticis
               l.
            
             5.
             tit
             .
             ●
             .
          
           
             
               C.
               de
               Naufragiis
               l.
            
             5.
             
               &
               ibi
               Cujacius
            
             .