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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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of Great Brittain have an undoubted right to the Soveraignty of the Seas of Great Brittain none but a few Mare Libertines and that for their own Interest ever scrupled Sir Hen Spelman gives us an Account of a very Ancient Record extracted out of the Laws of Hoelus Dha Regis seu Principis Walliae cir An. 928. which for the proof of the said Dominium quasi uno intuitu is here inserted in haec verba viz. Variato aliquantulum Nominis Vocabulo dici hic videtur Huwell Da qui superius Hoêl Dha Latine Hoêlus Hoelus alias Huval quem Malmesburiensis unum fuisse refert e quinque Wallensium Regibus Quos cum Cunadio Rege Scotorum Malcolmo Rege Cambrorum Maccusio Achipirata seu Principe Nautarum vel Marium Praefecto ad Civitatem Legionum sibi occurrentes Rex Anglorum Eadgarus in Triumphi pompam deducebat Una enim impositos remigrare eos hanc coegit dum in Prora ipse Sedens Navis tenuit gubernaculum ut se hoc spectaculo Soli Sali orbis Brittanici Dominum praedicaret Monarcham In this Ancient and Memorable Record King Edgar Neptune-like rides in Triumph over the Brittish Seas giving the world to understand that Dominium Maris is the Motto of his Trident. Consonant whereunto is that which the Law it self says Mare dicitur esse de districtu illius Civitatis vel Loci qui confinat cum mari in quantum se extendit territorium terrae prope mare In a word to this purpose the Renowned Learned Mr. Selden who hath left no more to say but with Jo Baptist Larrea in one of his Decisions of Granada That Authorum sententias non ex numero sed ex ratione metiri oportet pensitari debent juris fundamenta non Authorum Elenchum velut calculatione computari The Lord High Admiral is by the Prince concredited with the management of all Marine Affairs as well in respect of Jurisdiction as Protection He is that high Officer or Magistrate to whom is committed the Government of the Kings Navy with power of Decision in all Causes Maritime as well Civil as Criminal So that befide the power of Jurisdiction in Criminals he may judge of Contracts between party and party touching things done upon or beyond the the Seas Wherein he may cause his Arrests Monitions and other Decrees of Court to be served upon the Land as also may take the parties body or goods in execution upon the Land The Lord Coke in honour of the Admiralty of England is pleased to publish to the world that the Lord Admirals Jurisdiction is very Ancient and long before the Reign of Ed. 3. and that there hath ever been an Admiral time out of mind as appears not only by the Laws of Oleron but also by many other Ancient Records in the Reigns of Hen. 3. Ed. 1. Ed. 2. Thus as the Laws and Constitutions of the Sea are nigh as Ancient as Navigation it self so the Jurisdiction thereof hath universally been owned and received by all Nations yea and this Kingdome is by way of Eminency Crowned by Antiquity for the promulgation of the one and establishment of the other For otherwise without such Maritime Laws and such an Admiral Jurisdiction how could the Ancient Brittains long before Julius Caesar invaded this Isle restraine all Strangers Merchants excepted from approaching their Confines or regulate such Navies as were the wonder of that Age Or how could King Edgar in the Titles of his Charters have effectually styled himself as well Imperator Dominusque rerum omnium Insularum Oceani qui Brittaniam circumjacent as Anglorum Basileus or maintain in Naval Discipline these four hundred Sail of ships appointed by him to guard and scour the Brittish Seas And did not Etheldred after Edgar for the self-same end and purpose set forth to Sea from Sandwitch one of the greatest Navies that ever this Kingdome prepared Doubtless this was no Lawless Navy without Maritime Constitutions for the due regulation thereof according to the Laws of the Sea Consonant to that of the Jurisdiction of the Admiralty then in use and received by all the Maritime Principalities of Europe Whereas it is universally acknowledged That the Admiralty of England is very Ancient and long before the Reign of Edward the third who ever consults Antiquity shall find it farre more Ancient and long before the Reign of Edward the first even time out of mind before the said Edward the first To this purpose very remarkable is that ancient Record in the Tower of London entituled De Superioritate Maris Angliae jure Officii Admirallatus in eodem and out of the old French rendred into English by Sir John Boroughs in his compendious Treatise of the Soveraignty of the Brittish Seas pag. 25 c. edit Anno 1633. in which it evidently appears that the Admiralty of England and the Jurisdiction thereof was farre more Ancient then Edward the first and that from age to age successively and time out of mind even before the days of the said Edward the first it was so owned and acknowledged by this and all other Neighbour-Nations as appears by the said Record which was occasioned by a National Agreement of certain differences arising between the Kings of England and France in the 26 year of the Reign of the said Edward the first by reason of certain usurpations attempted by Reyner Grimbald then Admiral of the French Navy in the Brittish Seas in which Agreement the Commissioners or Agents for the Maritime Coasts of the greatest part of the Christian world of Genoa Spain Germany Holland Zealand Freezland Denmark and Norway then present made this memorable Acknowledgment and Declaration which is extracted out of the said Record as to so much thereof as relates to the Jurisdiction of the Admiralty viz. That the Procurators of the Admiral of the Sea of England and of other places as of the Sea-Coasts as of Genoa Catalonia Spain Almayne Zealand Holland Freezland Denmark and Norway do shew that the Kings of England time out of mind have been in peaceable possession of the Seas of England in making and establishing Laws and Statutes and Restraints of Arms and of Ships c. and in taking Surety c. and in ordering of all other things necessary for the maintaining of Peace Right and Equity c. and in doing Justice Right and Law according to the said Laws Ordinances and Restraints and in all other things which may appertain to the Exercise of Soveraign Dominion in the places aforesaid And A. de B. Admiral of the Sea deputed by the King of England and all other Admirals ordained by the said King of England have been in peaceable possession of the Soveraign guard with the Cognizance of Justice c. And whereas the Masters of the Ships of the said Kingdome of England in the absence of the said Admiral have been
the Bill to be within the Ward of Saint Mary Hill And a Prohibition was granted upon a Suggestion that it was good for the ordering of Ships A Consultation was granted hut afterwards upon good advice and opening the matter a Supersedeas to the Consultation w●s granted quod Prohibitio stet for the wrong and fact is said to be within a County and Ward and for that it does not belong to the Admiral for all Civil Contracts or Trespasses done upon the River of Thames or any other River that is proper to the Common Law are tryable in that County which is next to the Bank and that side of the River where the Fact was done but in Criminal matters upon any River that is given to the Admiral by the Statute of 28 H. 8. cap. 15. Thus it is reported But the Resolution aforesaid is That in cases arising upon the Thames the Admiralty hath Jurisdiction specially in the point mentioned in the Statute of 15 R. 2. And no Prohibition to be granted CHAP. XII Of the Jurisdiction of the high Admiralty of England Stat. 13 R. 2. cap. 5. Stat. 15 R. 2. cap. 3. Stat. 2. H. 4. cap. 11. Stat. 27 Eliz. cap. 11. THE Exposition Explanation and Interpretation of the Statute-Laws being a right properly inherent in the Supreme Authority that enacted them and in the Reverend Judges the Lex Loquens or voice of them there remains no more to the good people of his Majesties Dominions then to yield all obedience to them and thereby claim their birth-right in them In order whereto it is every mans prudence as much as in him lyes to clarifie his Intellect yet with such sobriety that as Ignorance may be no Obex to his Obedience on the one hand so also that super-curiosity may not quite dazle his Intellect on the other It is not ignorantia juris but facti that can excuse any And though in a sense it may properly be said of Humane as of Sacred Laws That they are not of any private interpretation whose Oracles alone are intrusted with the exposition thereof yet it is every mans duty to know the Rule of his Duty And he that will understand that he may obey aright must have a right understanding of what he is to obey Upon the●e Considerations it is most clear That it well becomes all such who may be concerned in the subject matter of this Treatise to have right-informed apprehensions not to make private Interpretations of the true intent and meaning of the said Statutes in order to a clearer prospect of the Admirall Jurisdiction It is enacted by the Statute of 13 R. 2. cap. 5. That the Admirals and their Deputies shall not meddle from henceforth of any thing done within the Realm but only of a thing done upon the Sea as it hath been used in the time of the Noble Prince King Edward Grand-father of King R. 2. Whence it hath been inferred that the Jurisdiction of the Admiralty is confined only to things done upon the Sea The said Statute says That the Admirals shall not meddle with any thing done within the Realm but only with things done upon the Sea as it hath been used in the time of King Edward Grand-father of R. 2. that is in the time of Edward the Third to the usage in whose days the said words seem to have reference as Limitative with a Referendo And admitting the word duly if not by the Letter of the Statute yet by construction of Law it may seem almost as equally difficult exactly to know what was the usage as what was the due usage or what was in this point duly used in the days of Edward the Third only with this difference that an usage being matter of Fact there may be Rei evidentia in that case to prove it self whereas to know what was duly used may be matter of Law and capable of diversities of opinion consonant to various perswasions And yet until it be known what was in this matter the due usage in the time of Edward the Third it seems not indubitably obvious to every running Intellect to conceive what may be the full scope and true intent or meaning That the Admirals shall not meddle c. but only with things done upon the Sea as it hath been used in the time of King Edward Grand-father of King Richard the Second For the clearer apprehension wherof it may not be impertinent under submission to better Judgements and without presuming on any thing quod est supra nos as formerly hinted to inquire a little what was used or duly used in this point of Admiral Jurisdiction in the days of the said Edward the Third Grand-father to King Richard the Second To this purpose the Learned Mr. Selden in his impregnable Treatise of the Dominion and Soveraignty of the Brittish Seas le ts us to understand That it appears by Ancient and Publick Records containing divers main points touching which the Judges were to be consulted with for the good of the Kingdome in the time of King Edward the Third That Consultation was had for the more convenient guarding of the Sea For the whole Bench of Judges were then advised with To the end so runs the Record That the Form of Proceedings heretofore ordained and b●gun by Edward the First Grand-father to our Lord the King and by his Councel at the prosecution of his subjects may be resumed and continued of●ngland ●ngland and the Authority of the Office of Admiralty in the same as to the Correcting Expounding Declaring and Conserving the Laws and Statutes long since made by his Predecessors Kings of England for the maintaining Justice among all people of what Nation soever passing through the Sea of England And to take Cognizance of all attempts to the contrary in the same and to punish offenders and award satisfaction to such as suffer wrong and damage which Laws and Statutes were by the Lord Richard heretofore King of England at his return from the Holy Land interpreted declared and published in the Isle of Oleron and named in French Le Ley Olyroun That which Mr. Selden takes special notice of and commends to our chiefest Observation is what we find in these Records touching the Original of the Naval Laws published at the Isle of Oleron The said Statute of 13 R. 2. makes mention of the usage in the time of King Edward Grand-father of R. 2. who was Edward the Third in whose Reign according to this Record not only the Form of Proceedings ordained by King Ed. 1. and his Councel were to be resumed and continued for the retaining and conserving the Authority of the Office of Admiralty as to the Correcting Expounding Declaring and Conserving the Laws and Statutes made long before by the Predecessors of the said King Edward the First for the maintaining of Peace and Justice among the people of what Nation soever and to take Cognizance of all attempts to the contrary to punish offenders