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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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Whitehall Aug. 13. 1664. Let this Book be Printed HENRY BENNET THE Maritime Dicaeologie 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 Jurisdiction of the Admiralty The third shewing that all Contracts concerning all Maritime Affairs are within the Jurisdiction of the Admiralty and there cogniscible By JOHN EXTON Doctor of Laws and Judge of his Majesties High Court of Admiralty LONDON Printed by Richard Hodgkinson Printer to the Kings most Excellent Majesty 1664. TO HIS ROYAL HIGHNES JAMES Duke of York and Albany Earl of Vlster Lord High Admiral of England and Ireland c. Constable of Dover Castle Lord Warden of the Cinque-Ports Governor of Portsmouth c. YOur Royal Highness having been graciously pleased to constitute me Judge or President of the High Court of Admiralty I held it my duty according to my poor ability to assert the just Jurisdiction thereof against those undue encroachments and usurpations whereby the power of the Lord High Admiral hath been heretofore and is at this present straightned in decision of matters relating to Maritime affairs wherefore having some time since in those sad and distracted times bestowed some labour in searching and perusing such of the Records of our own as well as Forreign Nations as I could meet with wherein the just extent of the Admirals Jurisdiction is sufficiently and undeniably evidenced together with the necessity of deciding all controversies about Maritime affairs according to the ancient Sea customes and the reason and directions of the Civil and Maritime Laws I held it no less my duty to recollect the said Papers and reduce them into some method for the clearing those objections which hitherto have been and still are made use of either against the antiquity or extent of the Lord High Admiral his Jurisdiction in Maritime causes or against the decision of them by the ancient Sea customes and the rules of the Civil Law And as I have observed this Nation hath happily flourished a long time under that happy Government of all Land affairs by its municipal Laws practiced in the Common Law Courts so hath it no less prospered and been enriched in its Navies Trade and Commerce under that exact Government which hath ordered and guided all Maritime businesses and Sea affairs by the Civil and Maritime Laws and Customes corresponding agreeing and according with the Laws of Forreign Nations being suitable to the nature and negotiations of the people that are subject to them exercised and practised in the High Court of Admiralty The design therefore that I propound to my self in the publishing this Treatise is to shew how necessary and fitting it is that the power and jurisdiction of this Court should be no longer subject to such interruptions and how expedient it now is that the rights and privileges of the same should be observed and kept and the Laws and ancient Customes thereof whereby all Commerce and Navigation is upheld should be precisely and strictly preserved and maintained That all which may appear I have set forth the antiquity of the Lord Admirals Jurisdiction here in England by ancient Records of the Tower Next the Jurisdiction it self and the extent thereof as also the necessity and necessary use of it in divers respects In all which I have endeavonred neither to eclipse the honour power or least right of the Muncipall Laws of this Kingdome nor in any sort to detract from the renown of the Reverend and Learned Professors thereof but hope I have manifested that the upholding of both Jurisdictions and restraining each of them to its proper limits and confines will be more advantagious to this Kingdome and the Inhabitants thereof then the suffering eitber of them to swallow up or devour the other Be pleased therefore to receive this unpolished work from the hand of your Servant as the same is dedicated unto the protection of your Royal Self THE CONTENTS The Chapters contained in the First Book of the Maritime Dicaeologie or Sea Jurisdiction Chap. 1. THe Antiquity of the Admiralty in England set forth so farre as to prove the same to have been settled and continued in and before Edward the Thirds time to whose time the Statute of the 13 of Ric. 2. referreth argued from the antiquity of the High-Officers that exercised that Jurisdiction in those times and from their Grants and Patents Page 1. Chap. 2. That these High-Officers or Admirals or Keepers of the Seas Sea-coasts and Ports had like power and authority in them and over them as the Keepers and Governours of Land-Provinces had over them and had their Maritime Laws for guidance of their Jurisdiction both Civil and Criminal as well as the other had their Land Laws for the guidance of theirs page 10. Chapt. 3. The beginning of Sea Laws and the further Antiquity of Admirals and their Jurisdiction from thence argued p. 13. Chap. 4. Of the Laws of Oleron and the Antiquity of the Admiralty argued and inferred from the introduction of them into England p. 16. Chap. 5. The ancient Introduction of the Sea Laws argued and inferred from the King of Englands Dominion over the British Seas p. 21. Chap. 6. The Antiquity of the Admiralty argued and inferred from the defect and want of ability in other Co●rts in deciding of Maritime Causes in those antient times p. 25. Chap. 7. Of the Exercise of the Sea Laws by the Grecians Athenians Romans Italians Venetians Spaniards and by the Admirals of Naples and Castile p. 29. Chap. 8. Of the Admiral of France and Denmark p. 30. Chap. 9. Of the Admiral of Scotland p. 32. Chap. 10. From the common acceptance of the Sea Laws in other Nations is inferred the acceptance of them in England p. 34. The Chapters contained in the Second Book of the Maritime Dicaeologie or Sea Jurisdiction Chap. 1. THat the Sea-Jurisdiction and the Land Jurisdiction are and so necessarily must be two different and distinct Jurisdictions having no dependancie each upon the other Chap. 2. That the Jurisdiction of the Admiralty doth extend to all manner of Ships Shipping Seafaring and Sea-tradingmen p. 41. Chap. 3. That the Ports and Havens and Creeks of the Sea are within the Jurisdiction of the Admiralty p. 52. Chap. 4. The Arguments deduced out of the Statute Law to prove the Ports Havens and Creeks of the Sea to be within the bodies of Counties and not within the Jurisdiction of the Admiraltie redargued p. 57. Chap. 5. The Argument deduced from the first Judgement at the Common Law that the Ports and Havens of the Seas are within bodies of Counties redargued p. 62. Chap. 6. That from the two other Actions instanced in to be brought against the Parties suing in the Admiralty Court for a business done upon the Ports no concludent Argument is deduced p. 72. Chap. 7. The Argument deduced from two
and is not in that space discharged More particulars I might instance in out of the said Laws of Oleron to the same purpose and how farre the said Laws are extended or limited by latter writers upon the Civil and Maritime Laws but that will be a work more properly to be entred upon when this Jurisdiction of the Admiralty shall be compleatly settled and freed from interruptions in its due procedings I shall therefore onely set down this last Judgement in its own language not endeavouring to shew what the Law is either in this case or any of the other before recited but to conclude that by these Laws so long since established for the directions of Judgements in Maritime causes it plainly appeareth that the Ports and Havens are within the Jurisdiction of the Admiralty and that all differences therein or thereupon arising are cognoscible and tryable in the same The words of the Judgement are these Item ordonne est pour custume de mer q'se une nef arrive en ung Port a sa droitturier le descharge demoure la nef illecq ' chargee jusq's axxi jours ounrables la mettre puet been mettre hors sur ung keye le Maistre doit ordonner bailler ung de ses Mariners an Marchant pour prendre garde aux vins ou autres derrenes jusque a tant q'le Maistre soit pay de son frett Et cest le Judgement en ce cas Very many more there are which will be too tedious here to set down None of all which is by any part of the Common Law treated of at all nor can it if it keep its own rules render the same Judgement with these Laws but a diverse if not in many cases a clear contrary CHAP. XI That by the ancient Statutes of the Admiralty setled before the last Confirmation of the Laws of Oleron 12 Edw. 3. and Articles of enquiry added thereunto it is plain that the Admiral hath Jurisdiction upon the Ports as well as upon the high Seas THere are likewise ancient Statutes of the Admiralty to be observed both upon the Ports and Havens the high Seas and beyond the Seas which are comprised in an old authentick Book called The black Book of the Admiralty which Statutes are ingrossed upon Vellam in the said Book and written in an ancient hand in the ancient French Language which plainly shew the Admirals Jurisdiction to be upon the Ports and Havens as well as upon the high Seas I shall set down onely one of those Statutes for proof thereof which sheweth how and in what manner damage done by one Ship unto another in a Port or Haven as well as upon the high Seas shall be satisfied in case the same be wilfully done and how and in what manner in case the same be unwillingly done by chance by reason of tempest or other mishap The words of the Statute are these It que nulle nef ne vessel de la flotte pour orgueil ne pour haine ou envie sur le mer our entrants es ports ou en port ottroie veille audommage dautre nef ou vessell de la flotte au pris par ceux de la flotte sur payne de faire playne amende de ce qui est endommage en son default qui endommage debrysse au tres entrants aux ports ou dedens ports ou sur le mere neuvoillautz par cause de tempeste ou autrement il paiera amendera la moitie du dommage a la discretion Judgement de l'Admiral There are likewise in the same Book added unto these Statutes the Oath and Articles whereupon Juries were and are to make their presentments unto the Admiral all written with the same hand the Oath onely in old English the Articles in the same Language with the Statutes which shew what things are enquirable and presentable before the Admiral and there punishable and how and in what manner such offences are to be punished out of which it i● easily and plainly to be gathered that the Admiral hath a full and compleat Jurisdiction exclusive to all others upon all Ports Havens and Creeks of the Sea I shall here set down verbatim the Oath to be Administred unto the Jury and some few of those Articles which shew the Admirals Power and Jurisdiction to be upon the Ports and Havens The Oath This here see my Lord the Admiral that I John atte nashe shall well and truly enquere for our Lord the King and well and truly at this time thou serve at this Court of th' Admirate present as moch as I have in knowleche or may have by information of eny of all my fellows of all mane Articles or circonstances that touchen the Courte of the Admirate and Law of the Sea the whiche shuld be grate to me at this time and I thereupon sworne and charged and of all other that may renewe in my minde and Ine shall for nothing lette that is for to say for franchise Lordship Kynreden aliance friendship love hatred envye enemytee for dred of lost of goodnee for non other cause that I shall so doo the Kings Counseills my fellows and myne owen wel and trewly hele what oute fraude or malengyn so God my help at the holydome and by this Book Next unto this Oath is set forth the punishment of the Jurate that shall disclose the secrets of the King or any of his fellow Jurates to be inflicted upon him by the Admiral The very first and second Articles to be given in charge are for Theft committed upon any Port or Haven and the punishment thereof set down These are the words in the Articles Soit aequis des larrons es ports Comē de cords batenlz autres ancres autres appare●ls des nefs se nul est endite quil a felon neusement pris ung baten ou ancre que passe xxi d. il sera pendu sil est de ce convicte It se an cuy est endite quil a felon nensement pris ung boye rope de quelle value quil soit soit lie a ung autre dedens leave pour la boye il sera pendu sil nest de ce aquite And so they proceed to set down the punishment of him that shall cut any Cable whereby the Ship is cast away or any man lose his life c. And of such as shall remove an Anchor And likewise of such as shall rob Strangers Ships not being enemies And how their goods shall be restored to them though they pursue not the Felon to death And what course is to be taken in case of such robberies Petty Larceny is by that Law punishable upon the first conviction by forty dayes imprisonment upon the second half a years imprisonment upon the third death By the next Article common disturbers of Ships and Passengers either upon the Seas or the Ports are to be enquired of and their punishment is therein described