The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Hill. 8 Jac. Regis.

Admiralty.

It is to be understood, That the Jurisdiction of the Admiralty is more antient than Mr. Lambert, in his Jurisdiction of Courts, doth affirm, which was the time of Edward the Third. But without question, the Juris∣diction of the Admiralty is more antient; for I find a notable Book in the time of Ed. 1. Title Avowry, 192. which proves it more antient than Mr. Lambert speaks: The Case was, One brought a Replevin of his Ship taken on the Coast of Scarbrough upon the Sea, and carryed into Norfolk, and there detained; the plaint of taking in the Coast of S. which is no Town nor Place certain by which the Paiis m••y be taken, for the Coast contains four Leagues. And also a thing done at Sea, this Court cannot have Cogni∣zance; for this Judgment is given to Mariners. Beres∣ford, who gave the Rule in this Case; The King W••lls,

That the Peace be kept as well upon the Sea as the Land-And we find, that you come by due Process, and we see nothing why you ought not to answer; upon which Book I observe five things:

1. That of things done upon the Sea, Judgment is given to Mariners, id est, to Admirals, as shall appear, and belongeth not to the King's Court, because no Paiis may be taken there; for where the Paiis or Jury may come, the Admiral hath no Jurisdiction.

2. This proves directly, That there the Admiral hath Jurisdiction to adjudge things done upon the Sea, from whence no Paiis may come. And this did nor begin then, for questionless ever since there was Trade or Traffick (which is the Life of every Island) there was Marine Jurisdiction, to redresse Depraedations, Piracies, Mur∣thers, and other Offences upon the Sea.

3. The third thing is, That if part of the matter be done on the Sea, and part in the Country, that the Com∣mon-Law shall have all the Jurisdiction.

4. The Sea within the Jurisdiction of the Admiral, is described to be out of every County.

5. If a thing be done upon the Sea, hors del County, the Party may plead it to the Jurisdiction of the Court.

And it is to wit, that in antient time the Jurisdiction of Admiral was called Maritina Angliae, and sometimes Marina Angliae, which signifies the Admiralship or Ma∣rinship of England; for Marinus is the same with 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is of the Sea, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is the Admiral or General of the Fleet; and Almarath is corruptly Admirall. And antiently, sometimes one was Admiral of all England, and sometime the Office was di∣vided. And for this, see ex Rot. Patentium de An. 6 H. 3. de Maritina Custodiend. 29 Aug. ex Rot. Pat. An. 9 H. 3. 3. Octob. Charta 15 H. 3. 28 Junii, 25 Ed. in. 14. Claus. in Dorso in 18. William teyborne Capitaneus Marinario∣rum.

At this time there were two Admirals, the one had the Government of all the Fleet from the Thames mouth versus Boream, the other from the Thames mouth versus occidentem, 1 Pars. Patent. 25 Ed. 1. 25 Martii in 9. & 1 Pars. Patent. 10 Ed. 2. 8. Decem. And so in the time of R. 2. H. 4. H. 5. H. 6. during whose Reigns there was like unus qui fuit Admirallus Angliae.

3 Ed. 2. Coron 399. where a man may see what is done of one part, and the other of the Water, &c. in that place the County may have Cognizance, and it may be tryed by a Jury. And Stamfords Pleas of the Crown, lib. 1. fol. 51. citing this Book, saies thus: So this proves, That by the Common-Law, before the Statute, &c. the Admiral shall not have Jurisdiction, unless up∣on the High-Sea; which proves his Jurisdiction by the Common-Law upon the High-Sea. Ex quo sequitur, that his Jurisdiction was by the Common-Law, and then 'tis so antient, that the Commencement cannot be known. Whence I conclude, that this Authority did not begin of King Edw. 3. as Monsieur Lambert upon uncertain Conjectures supposeth.