Difference between revisions of "Introduction to the High Court of Admiralty"

Revision as of 04:30, August 13, 2012

Introduction to the High Court of Admiralty

Editorial history

11/08/12: CSG, created page

Purpose of this page

To provide an introduction to the C17th High Court of Admiralty in London

What was the High Court of Admiralty?

• When was the Court established?

- The High Court of Admiralty was established in the 1320 to deal primarily with questions of piracy or spoil

• What was its jurisdiction?

- Over time its jurisdiction developed to cover prize and civil jurisdiction in such matters as salvage and collision
- Actions could be taken against ships and goods as well as against persons
- After the restoration (of the monarchy) in 1660, the civil business of the court divided, with an instance court and a prize court

• Who were the judges?

- The judges were doctors of civil law, who had studied at either Oxford or Cambridge
- Their legal training differed from that of lawyers practising the common law, who were admitted to Inns of Court in Holborn
- The judges of the High Court of Admiralty held court sessions at Doctors Commons, which before the London fire of 1666 was located in the parish of St Paul Bennetts wharf
- Several other types of legal official and lawyer attended the sessions of the High Court of Admiralty. These included proctors, public notaries, clerks, and legal counsel for the parties concerned

The language and procedures of Admiralty Court

• English, with a little latin

• What latin will you find, and how can you read it?

   Common Latin Phrases

• English legal and commercial language

   Legal Terms

The records of the Admiralty Court

• Why were records kept?

• Who kept the records?

Allegations

• What is an allegation?

• An example: XXXX

Answers

• What is an answer?

• An example: XXXX

Examinations

• What is an examination?

• An example: XXXX

Interrogatories

• What is an interrogatory?

- An Interrogatory is a pre-prepared list of questions to be put to deponents by the proctors of the High Court of Admiralty
- An interrogatory consists of numbered questions which are primarily English, though often introduced with Latin phrases
- Such interrogatories can be found in bound leather volumes in the HCA 23 record series, for example HCA 23/19 (1658-1664)

• Example from HCA 23/19

- Example: Introduction & first question from Interrogatories in behalf of John Absolun^[1]

"Interrogatoryes on the behalfe of John Absolon
to be administered to whatever prdsed wutnesses
produced or to bee produced on the behalfe of
Nicholas Payne as followeth,

1 Imprimis Interrogot:r quilet testis to what shippe hee belonged
and how hee commeth to be a witnes in this cause whether
hee doth not well know that the Shipp the Swanne of
which the said Absolon was master commeing from New-
castle upon or about the seaventeenth of may last 1660
about 10 or 11 of the clock in the morneing sett saile
from or neare Newcastle with her ladeing of coales
and whether the shippe the Prospous (sic) of Bright Hampton
did not follow next after the Swanne and y:t they turned
about the bill poynt, Whether the Prospous had not
the greater wynd & did becalme the Swanne & whether
the Maste or some other of the Company of the Swanne
did not call out to the company of the Prosperous to
loare (sic) theire top sailes or else they would come
foule of them, & whether some of y:e Prosperous did not
heare & make answeare that they would warrant that
they would bee foule of them or to that effect, or what
did they say, And let each bee asked joyntly sewally
and of each particular,"

Further single question examples from HCA 23/19

"4. Itmm: interr. When had the Claymers or the wittnesse first
Notice that the shippe Nativity was stayed neere ffalmouth..."^[2]

"1 Imprimis Interrogot:r quilet testis to what shippe hee belonged
and how hee commeth to be a witnes in this cause..."^[3]

Schedules

• What is a schedule?

- Schedules of information are occasionally referred to in individual answers or in individual examinations
- Often these schedules are not included in the volume containing the answers or examinations
- Occasionally these schedules can be found in boxes of loose documents (usually unfoliated), such as HCA 15/6 Box One 1654-1657, and HCA 15/6 Box Two 1654-1657

What do the records of the Admiralty Court look like?

Leather bindings

[ADD IMAGE OF A TYPICAL LEATHER BOUND VOLUME]

Double page spreads

[ADD IMAGE OF A TYPICAL DOUBLE PAGE IN A LEATHER BOUND VOLUME]

Layout

Summary case details

Example: Clayme of Domingo Centurione, HCA 13/68 f.305v

Fuller case details

Example: Parliament vs- the Golden Starr, HCA 13/68 f.1r

Page bottom

Example: XXXX, HCA 13/68 f.164v

Foliation

[ADD CLOSE UP OF FOLIO NUMBERS]

Handwriting

Very clear italic hand

[ADD ADDITIONAL EXAMPLES OF HANDWRITING STYLES, BY TYPE AND LEGIBILITY]

Punctuation

[ADD EXAMPLES]

Spacing

[ADD EXAMPLES]

Deletions and interpolations

[ADD EXAMPLE OF CROSSING OUT AND INTERPOLATIONS]

Marginalia

Text marginalia

[ADD CLOSE UP OF TEXT MARGINALIA]

Merchants marks

Example: Merchants Marks in LH margin, HCA 13/68 f. 304r

What records of the Admiralty Court are at the National Archives?

• What records are in Kew?

- The National Archives at Kew contains the extensive records of the High Court of Admiralty from as early as XXXX until XXXX
- An index of the mid-C17th High Court of Admiralty record series has been prepared for the project team. See TNA index, 1650-1669

• How did they get there?

• How can you see them?

- The records of the High Court of Admiralty can be viewed in the Large Manuscripts and Maps Room on the second floor of the National Archives at Kew
- You will need a reader's ticket, which can be obtained on the day of your visit. You will need to take two valid pieces of identification with you - one with a recent photograph of you, and the other with your home address and of a recent date. See Obtaining a Reader's ticket
- HCA manuscripts can be ordered at any terminal in the Large Manuscripts and Maps Room, and may take between thirty and sixty minutes to be produced from storage
- The National Archives are closed on Sundays and Mondays, but are open Tuesday through Saturday, with late opening on Tuesday and Thursday. See TNA Opening Times

Sample transcriptions, 1650-1669

Overview of HCA material, 1650-1669

HCA 13/68: Sample images: untranscribed

HCA 13/68: Sample images: draft transcriptions available

Suggested reading

1. ↑ HCA 23/19: Document Number: 6: Case: XXXX: Date: XXXX: P1100666 no f., verso
2. ↑ HCA 23/19: Document Number: 4: Case: XXXX: Date: XXXX
3. ↑ HCA 23/19: Document Number: 6: Case: XXXX: Date: XXXX