Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	england_n	king_n	philip_n	2,082	5	9.2712	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67861	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 ...	Zouch, Richard, 1590-1661.; Coke, Edward, Sir, 1552-1634.	1663 (1663)	Wing Z22; ESTC R21844	62,368	170

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 supreme Authority over all that use the Sea and is held to be Lord and chief Commander of the Sea as it is also largely described in the Partidos besides for the dispatch of ordinary Maritime businesse by the same Laws Judges are appointed to reside in Port Towns and other places on the Sea Coasts which are to hear the causes of Sea-men concerning 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 other former Ordinances ratifyed by the Parliament of Paris The Office of the Admirall in the Kings name is thus declared 1. That of all Armies which shall be raised and set to Sea the Admirall of France shall be chief and our Lieutenant 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 determination 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 within 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 therewith but only by way of Assistance as it was found in the Action brought by Anthony de la Tour against Christian Martens 6 Novemb. 1542. The Admirall of England as Mr. Selden observes hath another manner of Right and Jurisdiction than the Admirall of France or other ordinary Admiralls 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 besides 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 moveable goods which come under his Judicature 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 Jurisdiction in the first respect is confirmed by an ancient Record in French in Archivis 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 Nations 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 England by reason of that Realm time out of mind have been in peaceable possession 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 People as well of other Seignieuries as of their own passing through the same And all manner of Cognizance and Jurisdiction high and low touching those Laws Statutes Ordinances Countermands 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 Possession of the said Soveraign Protection together with the Conusance and Jurisdiction and all things before mentioned 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 manner of People bearing Arms on the Sea or Ships sailing otherwise apparelled or furnished than belongs to Ships of Merchandise and in all other points in which a man may have reasonable Cause of Suspicion 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 Ordinary Jurisdiction is over the persons and goods moveable which come under his judicature by occasion of businesses relating 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 Admiralls of Englands Ahthority and Jurisdiction 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 Governour 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 Privileges Whatsoever belonging or appertaining So far is

for the Lawes of the Rhodians are of all Sea-Lawes the most antient Those Sea-Lawes of the Rhodians or some part of them are extant published in Greek and Latine by Symon Schardius and Marquardus Freherus and out of them related by Marisotus in the first part of his Orbis maritimus The Romans who in the beginning of their Republique received their Lawes of the Twelve Tables from the Athenians under the Empire when their State was at the heighest and abundantly furnished with Lawes for other matters in the time of Tiberius Claudius admitted the Rhodian Lawes for the regulating of the affaires of the Sea whereupon when one Eudaemon a Merchant of Nicomedia complained to the Emperour Antoninus that he with others had suffered Shipwrack and were spoyled of their goods by certain Officers of the Islands called Cyclades the Emperour answered him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that indeed he was Lord of the World that is to say of the Land or Continent but that the businesse and rights of the Sea had a speciall Rule set down in the Rhodian Lawes to which he did referr them These Rhodian Lawes as Mr Selden observes were afterwards inserted into the body of the Civil Laws by the Emperour Iustinian and others and were in high esteem both in the Roman Greek Empire The titles to which they are reduced in the Civil Law are collected by Petrus Peckius who hath commented upon them and are likewise set forth by Morisotus and as they were in use in the Greek Empire they are set out by Leunclavius amongst the Basilica or Laws from Rome received at Constantinople The wisdome and equity of the Roman Civil Laws in Processe of time have been received and allowed in all Nations and states of Europe for the regulating and determining of businesses at Sea as it plainly appears in all Authors of several Nations who have written of or handled matters of that nature To which have been added diverse Ordinances and Constitutions of their own for confirmation of those Laws and supply where it seemed necessary So the Provinces and places bordering on the Mediterranean Seas according to former usages and customs and upon new emergent occasions established several orders and constitutions for Maritime businesses which some eminent persons residing at Amalphia a Town in the Kingdome of Naples reduced into a Monument called Tabula Amalphitana of which Marinus Frecria writes In succeeding times Maritime businesses were not determined onely by the Rhodian Laws but suites and controversies touching matters of the Sea were determined by the Law which is contained in the Table of Amalphia unto this ●ay The like was done by the people of Venice Morea or Peloponnesus Rome Genua Marsellis Aragon Barcelona c. of all which places the Constitutions are comprehended in the Book called Il Consultate del Mare of which it is related in a distinct Chapter Questi sono buoni stablimenti these are the good Constitutions and Customs which belong unto the Sea the which wise men passing through the World have delivered to our Ancestors Touching the Nations confining on the Western and Northern Ocean It appears likewise That in Spain there were special Laws and Ordinances provided for the businesses of the Sea for occasions both of War and Peace as in the Partidas of Alphonsus the ninth under the Title of De los navios and under the Title De la guerre per la mer and under the Title De los navios in the Recopilation of Philip the 2d which are illustrated by the Comment of Alphonsus Azevedo and others So the French for maritime affaires have divers Edicts or Ordinances which are stiled Reglements sur la fait de Admiralty which were established by Charls the sixth Lewis the twelfth Francis the first and lastly by Henry the third most fully upon review of all former Acts which were afterwards ratified by the Court of Parliament at Paris But for ordinary matters of Navigation and Trade at Sea the Laws or Judgements of Oleron which is an Island situate at the mouth of the River Charenton near the Coast of Aquitain are of special Observation in that Kingdone as appears by an Antient Record extant amongst the Royal Edicts Entituled Droits et preminences del Admirall wherein it is declared That the Admirall ought to do justice to all Merchants according to Rights judgements c. and usages of Oleron And Grotius affirms That as the Rhodian Laws in the Mediterranean Seas were reputed as the Lawes of Nations so in France are the Laws of Oleron and sayeth further in that place That in what esteem the Laws of Oleron have been in France the same have Leges Wisbuiences amongst the Nations beyond the Rhine which if Welwood mistakes not are the same with the Laws of Oleron Translated into Dutch for the use of the Sea Coasts in those parts Malines in his Lex Mercatoria sets forth a Catalogue of the Laws of the Hanse Towns And Loccenius in his Preface to his Book de Iure Maritimo mentions jus nauticum Suesicum and Leges Wisbuiences which he sayeth are observed both in the Hanse Towns and in the Northern Kingdomes and also the Ordinances of the Hanse Towns themselves and of the Belgick Common-wealth It is likewise apparent that the Kingdome of England is not destitute of special Laws for the regulating of Sea businesses which are distinct from the Common Laws of the Realm as namely the Civil Law and others of which the Books of Common Law take notice by the names of Ley Merchant and Ley Meriner Touching the Civil Law how it is observed in the Admiralty of England Sir Edward Cook shews in his Comment upon Littleton where he mentions divers Laws which are in use in this Kingdome And Mr. Selden in his dissertation ad Fletam sayes Iuris Civilis vel Caesarij usus ab antiquis seculis etiam num retinetur in foro Maritimo seu curia Admiralitatis And accordingly in the time of King Edward the sixth when Monsieur Villandry being imployed for the King of France upon occasion of some differences hapning betwixt the Subjects of England and of France concerning Sea businesses Signified that the King his Master was desirous that the Ordinances and the Customs of England might be reduced into one form without any difference betwixt them and the French answer was made That the English Ordinances for Marine affairs were no other than the Civil Laws and certain antient Additions of the Realm wherein they could not conceive any reason or convenience of change The Law Merchant is likewise mentioned and allowed by Sir Edward Cook in his Comment upon Littleton as a Law distinct from the Common Law of England And so doth Mr. Selden mention it in his notes upon Fortescue And Sir Iohn Davis more fully ownes it in a Manuscript Tract touching Impositions where he affirms That both the Common