Select Pleas in the Court of Admiralty, Vol. 2
The High Court of Admiralty, (A. D. 1547-1602) (Classic Reprint)
Description:... Excerpt from Select Pleas in the Court of Admiralty, Vol. 2: The High Court of Admiralty, (A. D. 1547-1602) About the date of this commission, in the year 157 5, an agree ment is said to have been come to between the common law and Ad miralty judges, as to the limits Of their respective jurisdictions, and as to the issuing of prohibitions. If any such agreement was made, it does not appear to have been signed by the judges. Coke denies its existence; but it is stated that an honourable personage that was a little after judge of the Admiralty (dr. Dunn) affirmed the agreement. Several copies of this alleged agreement' are extant. It is headed The request of the judge of the Admiralty to the Lord Chief Justice Of Her Majesty's Bench and his colleagues.' The requests are five in number, and are set out with the answers It is agreed by the Lord Chief Justice, &c.' - in opposite columns. The points agreed are: (1) That, after sentence Of the Delegates, no pro hibition shall be granted, or unless it is applied for within the term following sentence of the Admiralty (2) That the judge of the Ad mi' alty shall be permitted to appear and Show cause against prohibi tions (this in answer to the request that prohibitions be not granted upon bare suggestions, without proof) (8) That the judge Of the Admiralty, according to such ancient order as hath been taken 2° edwardi primi by the king and his council, and according to letters patent of the Admiral for the time being, and allowed Of by other kings Of this land ever since, and by custom time out of memory Of man, may have and enjoy the cognition of all contracts and other things rising, as well beyond, as upon the sea, without lot or prohibi tion; (4) That the Admiralty Shall have jurisdiction Of breach Of charter parties for over sea voyages, according to 82 Hen. VIII., c. 14, though the same be made within the realm; (5) That, if any man be brought up on Writ of corpus cum causa, the body shall be returned to the Admiralty upon certificate of the nature Of the cause or of contempt. In 1682 the judges were summoned to the Privy Council to advise upon the same matter of Admiralty jurisdiction, and the result of their deliberations, with their Signatures attached, is extant. It agrees in substance with the alleged agreement Of 1575.
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