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A39089 The maritime dicæologie, or, Sea-jurisdiction of England set forth in three several books : the first setting forth the antiquity of the admiralty in England, the second setting forth the ports, havens, and creeks of the sea to be within the by John Exton ... Exton, John, 1600?-1668. 1664 (1664) Wing E3902; ESTC R3652 239,077 280

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any of that nature should be elsewhere in any other Court meddled with I shall only take two or three Articles together which appoint that at all Admiralty Sessions enquiries shall be made of all such as shall implead or sue any man in any other Court then the Admiralty for any matters or things there cognoscible or determinable either by the foregoing Laws or Articles or otherwise And those are the 51 52 and 53 Articles of this Inquisition which follow in these words Item soit enquis de tous ceulx q' emple●●ent aueun home a la commune loy de la tre ' de chose appurtenant dancien droit a la loy marine Item soit enquis de tous juges qui 〈◊〉 et devant eulz aucuns plets apappurtenants par droiture a la court de ladmiral●● Item soit enquis de tous ceulz qui distourbent les lieutenants de ladmiral ou autres ses ministers de faire duement execution de se● mandements These Articles are not only for the enquiry of all such as have impleaded any man at the Common Law of the land for any thing appertaining of ancient right unto the Maritime Law but likewise of all such as have held before them any pleas of right belonging unto the Court of the Admiralty according to the Laws of Oleron and the several Articles of this Inquisition both settled and confirmed in the time of his Reign and to enquire of all such likewise which have at any time disturbed the Lieutenants of the Admiralty or any other of the Ministers of the Court in the due execution of their Mandats and Warrants I might here proceed further to shew that by that other Inquisition translated out of old French into Latine by Roughton and set down in the before mentioned black book of the Admiralty it likewise plainly appeareth that Contracts made at land concerning Maritime affairs were then or before that time tryable in the Admiralty Court For whether that Inquisition was taken in Edward the Third's time or before doth not appear the same bearing no date and in that regard likely to be farre more ancient but because the same is in most particulars agreeable with this Inquisition and in regard I have touched upon it already in the chapter where I have argued the self same matter from the Laws of Oleron I shall here pass it over and passe unto the other Statutes which are instanced in against the cognizance of matters of this nature in the Admiralty Court CHAP. V. The Argument deduced out of the Statute of the 15 of R. 2. cap. 3. to prove the Contracts made at land concerning Maritime affairs are not cognoscible in the Admiralty Court answered I Am now come unto the second Statute urged by Sir Edward Coke against the Jurisdiction of the Admiralty which howsoever he took to be plain for his purpose yet well weighed and rightly considered from the original in my judgment maketh clearly against it and confirms the construction I have made of the Statute of the 〈◊〉 of Ric. 2. in the second chapter of this Book I shall first set down the Statute it self as he rendreth it then as Poulton translateth it and lastly as the original truely hath it which is worthy the observing and then come to set forth the true meaning and sence thereof according to my best understanding And first it is by him thus rendred That the Court of the Admiral hath no manner of Cognizance Power nor Jurisdiction of any manner of Contract Plea or Querele or of any other thing done rising within the Bodies of the Counties either by Land or by Water and also of wreck of the Sea But all such manner of Contracts Pleas and Quereles and all other things rising within the bodies of the Counties either by Land or by Water as is aforesaid and also wreck of the Sea shall be tryed termined discussed and remedied by the Laws of the Land and not before nor by the Admiral nor his Lieutenant in no manner Nevertheless of the death a man and of mayme done in great Ships being and hovering in the main stream in the great Rivers onely beneath the points of the same Rivers and in no other place of the same Rivers the Admirall shall have Cognizance In the ancient Statutes which were made by way of Petition and answer Poulton in his Collection of Statutes generally setteth forth the Petition by way of Preface to the body of the Statute which he deduceth out of the answer which in all Statutes which concern not one Jurisdiction and another he hath done plainly and well enough in the most and yet not in all The same method and order he hath not observed in the Translation of these before mentioned Statutes which concern the Jurisdiction of the Admiralty wherein he or some other whom he hath followed hath not dealt so fairly in my judgement as he hath done in the translating and collecting of the rest as may well be observed by comparing them with the Originals he rendreth this Statute thus At the great and grievous complaint of all the Commons made to our Lord the King in this present Parliament for that the Admirals and their Deputies do incroach to them divers Jurisdictions Franchises and many other profits pertaining to our Lord the King and to other Lords Cities and Burroughs besides those they were wont or ought to have of right to the great oppression and impoverishment of all the Commons of the Land and hinderance and loss of the Kings profits and of many other Lords Cities and Burroughs through the Realm It is Declared Ordained and established that of all manner of Contracts Pleas and Quarrels and of all other things done rising within the bodies of Counties as well by land as by water and also wreck of the sea the Admirals Court shall have no manner of cognisance power nor jurisdiction but all such manner of Contracts Pleas and Quarells and other things rising within the bodies of Counties as well by land as by water as before and also wreck of the sea shall be tryed determined discussed and remedied by the Laws of the land and not before nor by the Admiral nor by his Lieutenant in any wise nevertheless of the death of a man and of a maim done in great Ships being and hovering in the main stream of great Rivers only beneath the Bridge of the same Rivers nigh to the Sea and in no other places of the same Rivers the Admiral shall have cognisance and also to arrest Ships in the great Flotes for the great Voyages of the King and of the Realm saving alwayes to the King all manner of forfeitures and profits thereof coming and he shall also have jurisdiction upon the said Flotes during the said Voyages only saving alwayes to the Lords Cities and Boroughs their Liberties and Franchises As for the exposition of this Statute made by Sir Edward Coke I shall onl● leave