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 ...

That generally where Lawes have been provided for businesse concerning the Sea, as also in England, several Iudges have been appointed to determine dif∣ferences, and redresse offences concerning the same.

GRegorius Tholosanus sayes, Iudicum di∣versorum ratio eo dirigitur, ut lites fa∣cilius expediantur, ne immortales sint sub ju∣dicibus mole negotiorum occupatis & proinde cum commercia hominum sint maximae utilita∣tis, placuit Negotiatoribus proponi proprios Iudices, and accordingly.

First, the Grecians had their special and proper Judges appointed for those bu∣sinesses, So Suidas 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. The Natodicae were Magistrates who did Iu∣stice to Seamen and others who trade by Sea. And the Athenians had an expresse Law to that purpose, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. That actions concerning Sea∣men and Merchants should be commenced be∣fore the Iudges called The smothetae according to their Instruments of Contracts, and dea∣lings.

Secondly, Amongst the Romans there was antiently an Officer called Praefectus Classis by Tully and Livy, and Iavolenus makes mention of Seius Saturninus Ar∣chigubernius 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 Ne∣gotiation.

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 deter∣mine 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 ne∣cessary use of the Ship, for things promised or undertaken betwixt Merchants and Mari∣ners, 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 ex∣pected, or undertaken, have their Gene∣ral 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 per∣sons 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 King∣dome 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 Jurisdicti∣on Civil, and Criminal, amongst Com∣manders, 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 su∣preme Authority over all that use the Sea, and is held to be Lord and chief Commander of the Sea, as it is also large∣ly described in the Partidos; besides, for the dispatch of ordinary Maritime busi∣nesse, by the same Laws, Judges are ap∣pointed to reside in Port Towns, and o∣ther places on the Sea Coasts, which are to hear the causes of Sea-men concer∣ning 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 o∣ther former Ordinances, ratifyed by the Parliament of Paris, The Office of the Admirall in the Kings name is thus de∣clared.

1. That of all Armies, which shall be raised and set to Sea, the Admirall of France, shall be chief, and our Lieute∣nant 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 determina∣tion, 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 with∣in 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 there∣with, but only by way of Assistance, as it was found in the Action brought by Anthony de la Tour against Christian Mar∣tens, 6 Novemb. 1542.

The Admirall of England (as Mr. Sel∣den observes) hath another manner of Right, and Jurisdiction, than the Admi∣rall of France, or other ordinary Admi∣ralls, 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 be∣sides, 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 move∣able goods which come under his Judi∣cature, 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 Juris∣diction, in the first respect, is confirmed by an ancient Record in French in Ar∣chivis 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 Na∣tions 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 Eng∣land, by reason of that Realm, time out of mind, have been in peaceable posses∣sion 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 Peo∣ple, as well of other Seignieuries, as of their own, passing through the same. And all manner of Cognizance and Ju∣risdiction high and low touching those Laws, Statutes, Ordinances, & Counter∣mands, 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 Pos∣session of the said Soveraign Protection, together with the Conusance, and Ju∣risdiction, and all things before mention∣ed 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 man∣ner of People, bearing Arms on the Sea, or Ships sailing otherwise apparelled, or furnished than belongs to Ships of Mer∣chandise, and in all other points in which a man may have reasonable Cause of Su∣spicion 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 Or∣dinary Jurisdiction is over the persons, and goods moveable, which come under his judicature by occasion of businesses re∣lating 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 Ad∣miralls of Englands Ahthority and Juris∣diction 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 Go∣vernour 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 Pri∣vileges Whatsoever belonging or appertain∣ing; 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 decla∣ring that most ample power, and Ju∣risdiction, 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 whatso∣ever 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 afore∣said, or else where, beyond the Seas, or in any Ports beyond the Seas whatsoever, with divers other Clauses, containing power of coer∣cion for the maintenance of that Jurisdi∣ction.

By the Commission of Oyer and Ter∣miner granted likewise under the Great Seal, according to the Statute of the 28th. of Henry the 8. chap. 15. and other Sta∣tutes 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 proditio∣nibus &c. of all and singular Treasons,

Robberies, Murthers, Felonies, and Consede∣racies &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 else∣where within the Kings Maritime Iurisdi∣ction of the Admiralty of the Realm of Eng∣land, 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 mat∣ters, which concern Merchants, Owners and Proprietaries of Ships, Masters, Ship∣men, Mariners, Shipwrights, Fisher-men, Workmen, Labourers, Saylours, Servitours or any others.

Notes

• 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 Commer∣cijs.
• cap. 20.
• Morisonis l. 2. c. 27.
• Sansovi∣nus lib. 17.
• Chassan, Catal. p. 9. cons. 26.
• Freeca de offic. Ad∣mir.
• Moris l. 2. c. 22.
• Edit. per Fontan.
• Tit. 2. c. 14.
• Abrigd. c. 1
• De Dem. Maris l. 2. c. 27.
• Iurisdicti∣ones p. 142
• Selden l. 2. c. 16.