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

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Prohibition be awarded against the Court of Admiralty in Suits there Commenced upon Contracts made beyond the Seas CHAP. XIII Of the Agreement touching the Admiralty in Anno 1575. As also of the Resolutions Hill 8. Car. 1. upon the Cases of Admiral Jurisdiction THE Non-observance of the said Agreement being for the more quiet and certain execution of Admiral Jurisdiction was one of the Objections of the Admiralty in Anno 8 Jac. Reg. whereof mention is made by the Lord Coke in Par. 4. Instit cap. 22. And where it is said to be a supposed Agreement and that it had not been delivered to the then Judges but acknowledged to have heard the same read over in His Majesties Presence And to which Answer was then made That for so much thereof as differeth from those Answers viz. to the other Objections then made it is against the Laws and Statutes of this Realm And therefore the Judges of the Kings Bench never assented thereunto as is pretended neither doth the phrase thereof agree with the tearms of the Laws of the Realm This was the Answer then given to that Objection grounded upon the said Agreement Whether the same were no more then supposed may be referred to the matter of Fact wherein if so the evidentia rei will easily liquidate the scruple and dissipate dubieties Though the said Agreement be disagreed yet the Law like the Axis of the Body Politick remains fixed notwithstanding the rotation of opinions And whether so much thereof as differed from the Answers then made to the other Objections were repugnant to the Laws and Statutes of the Realm or the phrase discrepant from the tearms thereof would be more visible upon an Inspection were it free to insert that as an Imprinted Agreement here which is called but a supposed Agreement there Therefore to inquire how far the said Agreement made or supposed to be made in one age may be obligatory in another may possibly have an implication of more verity and reality then the thing it self with general consent doth or may challenge yet being in substance Consonant to the subsequent Resolutions upon the Cases of Admirall Jurisdiction and being an Objection long since under a former Impression with the Answer thereto as aforesaid it may be now a less Transgression to omit the Thing it self saltem in terminis then Digression to have given this short hint thereof quasi in nubibus The Resolutions Hill 8. Car. 1. upon the Cases of Admiral Jurisdiction being the Articles Propositions and Agreement made and subscribed in Febr. 1632. by all the Reverend Judges of both the Honourable Benches for the accommodating and setling the Differences concerning Prohibitions are very Energetical in Affirmance of much of the Rights of the said Jurisdiction The Sun need not borrow the Auxiliaries of Art to demonstrate his Light These Articles and this Agreement whatever the former be are more then supposed being reall and true You have it here as to the Body and Substance thereof in no other words then Sir Geo. Croke in his Reports delivers it with the requisite Addition of the style or Preface thereto together with the names of the Lords of His Majesties most Honourable Councel then present As followeth viz. At White Hall 18 Febr. 1632. Present The Kings Most Excellent Majesty Lord Keeper Lord Arch-Bishop of York Lord Treasurer Lord Privy Seal Earl Marshal Lord Chamberlain E. of Dorset E. of Carlisle E. of Holland E. of Denbeigh Lord Chancellour of Scotland E. of Morton Lord V. Wimbleton Lord V. Wentworth Lord V. Faulkland Lord Bishop of London Lord Cottington Lord Newburgh Mr. Treasurer Mr. Controller Mr. Vice-Chamberlain Mr. Secretary Coke Mr. Secretary Windebank This day His Majesty being present in Councel the Articles and Propositions following for the accommodating and setling the Difference concerning Prohibitions arising between His Majesties Courts at Westminster and His Court of Admiralty were fully Debated and Resolved by the Board And were then likewise upon reading the same as well before the Judges of his Majesties said Courts at Westminster as before the Judge of His said Court of Admiralty and His Atturney General Agreed unto and subscribed by them all in His Majesties Presence viz. 1. If Suit should be commenced in the Court of Admiralty upon Contracts made or other things Personal done beyond the Seas or upon the Sea No Prohibition to be awarded 2. If Suit be before the Admiral for Fraight or Mariners wages or for breach of Charter-parties for Voyages to be made beyond the Seas Though the Charter-party happen to be made within the Realm so as the Penalty be not demanded a Prohibition is not to be granted But if the Suit be for the Penalty Or if the question be whether the Charter-party were made or not Or whether the Plaintiff did release or otherwise discharge the same within the Realm This is to be tryed in the Kings Courts at Westminster and not in His Court of Admiralty 3. If Suit be in the Court of Admiralty for Building Amending Saving or necessary Victualling of a Ship against the Ship it self and not against any party by name but such as for his Interest makes himself a party No Prohibition is to be granted though this be done within the Realm 4. Although of some Causes arising upon the Thames beneath the first Bridge and divers other Rivers beneath the first Bridge the Kings Courts have Cognizance Yet the Admiralty hath also Jurisdiction there in the point specially mentioned in the Statute of 15 R. 2. And also by Exposition and Equity thereof he may inquire of and redress all annoyances and obstructions in these Rivers that are any impediment to Navigation or Passage to or from the Sea And also to try Personal Contracts and Injuries done there which concern Navigation upon the Sea And no Prohibition is to be granted in such Cases 5. If any be imprisoned and upon Habeas Corpus brought If it be certified that any of these be the Cause of his Imprisonment the party shall be remanded Subscribed Febr. 1632. By all the Judges of both Benches AN EXTRACT By way of APPENDIX Of the Ancient LAVVS of Oleron Rendred into English out of GARSIAS aliàs FERRAND Together with Some Marginal Observations thereon LONDON Printed in the Year 1661. AN EXTRACT By way of APPENDIX of the Ancient Sea-Laws of OLERON Rendred into English out of Garsias aliàs Ferrand The Judgements of the Sea and the Isle of OLERON For the Regulation and Government of Merchants Owners of Ships Part-Owners Masters of Ships and Common Mariners in all Maritime Affairs I. WHen a Ship or other Vessel whereof a Master is made belonging to several Part-Owners and departing from her own Port arrives at Burdeoux Rouen or such like place and is there Fraighted to sail for Scotland or some other Forraign Country The Master in such case may not sell or dispose the said Vessel without Licence or a special Procuration for that purpose from the said
Portsmouth and the West And here note That the South Coast is comprehended in the West   John de Felton   19 Ed. 2. John de Stormy Nicholas Criell   20 Ed. 2. John Sturmy Nicholas Criell   20 Ed. 2. John Layborne     1 Ed. 3. John Perbrun Wares de Valoniis   7 Ed. 3. William de Clinton     8 Ed. 3. John de Norwico Roger de Hegham aliàs Higham   10 Ed. 3. Thomas Ughtred     10 Ed. 3. John de Norwico Walter de Say Baronet   10 Ed. 3. Robert Ufford William de Manton   John de Roos Admiralli Flotae   11 Ed. 3. Walter de Manney Barthol de Burghershe K t.   12 Ed. 3. Thomas de Draiton This Thomas elsewhere appears not as Admiral but only as Vice-Admiral to Walter de Manney So possibly in some others there may be some Errors also Peter Dardus aliàs Bard.   13 Ed. 3. Ro●ert Morley Robert Trussell Bar. de Hengham     14 Ed. 3. Richaard Fil. Alani Com. Arundeliae     15 Ed. 3. Robert de Morley William Clinton Com. Huntingd   16 Ed. 3. William Trussel Robert Beaupell   17 Ed. 3. William Trussell John de Monte Gomerico   18 Ed. 3. Robert Uffer Com. Suffolk Reignald de Cobham   19 Ed. 3. Richard Fil. Alani Com. Arundeliae     20 Ed. 3. Robert de Ufford Comes Suff. Richard Fil. Alani Com. Arundeliae   21 Ed. 3. John de Howard Knight John de Monte Gomerico Knight   22 Ed. 3. Walter de Manny Bar. S. Salvato Reignald de Cobham Knight   24 Ed. 3. Robert de Causton John de Bello Campo Knight of the Noble Order of the Garter   25 Ed. 3. Robert de Morley     25 Ed. 3. William de Bohun Com. Northampt. Henry D. of Lancaster   26 Ed. 3. William de Bohun Com. Northampt. Tho. de Bello Campo Senior Com. Warwicen   29 Ed. 3. Rob. de Morley Bar. de Hengham John de Bello Campo Brother to the said Thomas   30 Ed. 3. Robert de Morley Guido de Brian Knight   31 Ed. 3. Guide de Brian     33 34 Ed. 3. Robert de Morley Guido de Brian   34 Ed. 3. John de Bello Campo aforesaid was Constituted High Admiral as well of the North as of the West of England 18 Julii 34 Ed. 3. At which time he was also Lord Warden of the Cinque-Ports Constable of the Tower of London and of the Castle of Dover And dyed Decemb. 2. the same year in possession thereof   35 Ed. 3. Robert Herle Knight Admirallus omnium Flotarum utriusque partis   38 Ed. 3. Ralph Spigornell Admirallus utriusque partis   43 Ed. 3. Nicholas Tamworth Knight Robert Aston Knight   44 Ed. 3. John Nevill Kt. Bar. de Raby Guido Brian   45 Ed. 3. Ralph de Ferrariis Robert Aston Knight   46 47 48 Ed. 3. W. de Nevill Phillip Courtney   50 Ed. 3. William de Ufford William de Monteacuto Com. Suff.   50 51 Ed. 3. Mich. de la Poole Knight Dn. de Wingfield Brother of Rob. de Hales Prior of the Hospitall of S. Jo. of Hierusalem   1 R. 2. Thomas de Bello Campo Jun. Com. War Richard Fil. Alani Com. Arundel   2 R. 2. Thomas Percy Frat. Com. Northumb. Hugh Calveley Knight   3 4 R. 2. William de Elmham Knight Phillip Courtney Knight   5 R. 2. William de Elmham John Roches Knight   6 R. 2. Walter Fil. Walt. Knight Dn. de Woodham John Roches aliàs de Rupibus Knight   7 R. 2. Henry Percey Com. Northumb. Edward Courtney Com. Devon   8 R. 2. Tho. Percey Frat. Hen. Com. Northumb. Jo. Radington Prior of Saint John of Hierusalem   9 R. 2. Phillip Darcy K t. Thomas Trivet Knight   10 R. 2. Richard Fil. Alani Com. Arundel Admirallus Angliae   12 R. 2. Jo. de Bello monte Bar. de Folkingham Jo. Holland Com. Huntington   12 R. 2. Jo. de Rupibus Kt.     13 R. 2. Jo. de Bello monte praedict Jo. Holland Com. praedict   14 R. 2. Edward Com. Rutland Jo. Holland Com. praedict   15 R. 2. Edward Com. Rutland Cor●●giae afterwards D. of Albemarle Constituted high Admiral as well of North as Western parts   21 R. 2. John Beaufort Marq. Dorset Com. Somerset Fil. Jo. de Gandavo D. of Lancaster Admiral 〈◊〉 North and West   ●● R. 2. Thomas Percey Com. Winchester Frat. Hen. Com. Northumb. he was then Constituted Admiral of both parts   2 H. 4. Rich. Gray Bar. de Codenore Thomas Reniston Knight   5 H. 4. Tho. Beaufort Frat. praed Marq. Dors Tho. Dom. Berkley Knight   7 H. 4. Nicholas Blackburn Esquire Richard Cliderhow Esquire   Admirals of England c. 6 H. 4. Tho. Lancastrius Reg. H. 4. Fil. Vice-Roy of Ireland high Steward of England afterward D. of Clarence Admirallus utriusque partis 8 H. 4. John Beauford praedict Com. Somerset Admirallus Angliae 8 H. 4. Edmund Holland Earl of Kent Admirallus Angliae 9 H. 4. Thomas Beuford praed Adm. Angliae 4 H. 6. John Lancastrius D. of Bedford E. of Richmond and Candale high Constable of Engl. Fil. Reg. H. 4. Admirallus Angliae 14 H. 6. Joh. Holland D. of Exon. E. of Huntington Constituted together with his son Admirals of England Ireland and Aquitain for life 25 H. 6. Will. de la Poole Mar. E. of Suffolk made Admiral of England Ireland and Aquitain during the minority of Hen. D. of Exon who with his Father had that Office by the Kings ●rant ad terminum vitae eorum c. 28 H. 6. Hen. Holland D. of Exon. Adm. Angliae Hiberniae Aquitaniae 1 Ed. 4. Rich. Nevil Comes Warwic Sarisb Admirall of England Ireland Aquit 2 Ed. 4. Will. Nevil E. of Kent Bar. Falconberg Adm. of Engl. Ireland Aquit Ed. 4. Richard D. of Gloucester Brother to the King Adm. of Engl. Irel. Aquit 49 H. 6. Rich. Nevil E. of Warwic Sarisb Capt. of the Town and Castle of Calice Constable of the Castle of Dover Custos 5. Portuum Adm. ut supra 11 Ed. Richard D. of Gloucester praedict Constituted Admiral ut supra 1 R. 3. John Howard D. of Norfolk Adm. of Engl. Ireland Aquit 1 H. 7. Jo. de Veer E. of Oxford high Chamberlain of England c. Adm. ut supra 4 H. 8. Edw. Howard Knight Fil. Tho. E. of Sur. afterwards D. of Norf. Adm. ut supra 5 H. 8. Tho. Howard eld brother of the said Edw. E. of Sur. afterwards D. of Norf. Adm. ut supra 17 H. 8. Henr. Fil. Nothus Reg. H. 8. D. of Richm. Somers E. of Nottingh Adm. ut supra 28 H. 8. Will. Fitz William E. of Southampt Adm. ut supra 32 H. 8. John Russel Knight Dom. Russel Admirall ut supra 34 H. 8. John Dudley Knight Vicecom Insulae Bar. de Malpas