High Court of Admiralty process

High Court of Admiralty process

Editorial history

01/12/12: CSG, created page

Purpose of page

The MarineLives project is seeking to link and enhance HCA 13/71, not just to transcribe it.

XXX

All associates, facilitators, advisors and PhD Forum members are encouraged to contribute to this page from their knowledge of the material, and from their broader knowledge and interest in the topic.

Adding footnotes

Go into edit mode

Insert immediately after the sentence or phrase you wish to annotate the following macro:

<ref>This is the footnote text</ref>

Replace 'This is the footnote text' with the footnote you wish to add, using the format: first name, surname, title, (place of publication, date of publication), page or folio number

Save the page

Creating an electronic link within the footnote to a digital source

Using the link icon in the top RH menu bar in your open window, highlight the footnote text which you wish to become the clickable link. This will place square brackets round the text, within the existing curved brackets

e.g. <ref>[Electronic link to a digital source]</ref>

Insert the URL of the digital source IN FRONT of the existing text, but still within the square brackets, leaving one space between the end of the URL and the start of the footnote text

e.g. <ref>[http://XXXXX Electronic link to a digital source]</ref>

Save the page, and the footnote text will now show 'Electronic link to a digital source' as a clickable link, which, when clicked, will go to 'http://XXXXX'

FOOTNOTE TEMPLATE:

- HCA 13/71 f.XXXX Case: XXXX; Deposition: XXXX; Date: XXXX. Transcribed by XXXX^[1]

1 Suggested links
2 Role of High Court of Admiralty Judges
- 2.1 Profiles of judges
3 Processes revealed in litigation
4 Jurisdiction of the Court
- 4.1 Primary sources
- 4.2 Secondary sources
5 Proctors of the High Court of Admiralty
- 5.1 Clements
- 5.2 Others
6 Deputy Marshal of the High Court of Admiralty
7 Registry of the High Court of Admiralty
8 Terminology
- 8.1 A
- 8.2 B
- 8.3 C
- 8.4 D
- 8.5 E
- 8.6 F
- 8.7 G
- 8.8 H
- 8.9 I
- 8.10 J
- 8.11 K
- 8.12 L
- 8.13 M
- 8.14 N
- 8.15 O
- 8.16 P
- 8.17 Q
- 8.18 R
- 8.19 S
- 8.20 T
- 8.21 U/V
- 8.22 W
- 8.23 X/Y/Z
9 To do
10 TNA guidance
11 Secondary sources

Role of High Court of Admiralty Judges

Profiles of judges

Dr Francis Clarke/Clerke

Publications

William King (ed.), Proposals for printing by subscription, Clarke's Praxis, in one volume, in octavo consisting of two parts, I. The practice of the ecclesiastical courts, II. The practice of the admiralty court : containing the compleat proceedings in both of them, being a book very necessary and useful for all persons that have, or may have, any concerns in either of the said courts, as likewise, for all gentlemen belonging to the common-law, or courts of equity ...collated, corrected, and enlarg'd from divers choice manuscripts, latin (London, 1667)
- Edition notes: Lacks all after p. 4, Reproduction of original in the Bodleian Library
- Wing C4444

Francisco Clerke, Praxis curiae admiralitatis Angliae (London, 1667)
- Wing (2nd ed., 1994) C4441
- ESTC R40360
- pp. 48

Francis Clerke, Praxis supremae curiae admiralitatis Francisci Clerke, prioribus omnibus editionibus multó auctior atque emendatior, unà cum indice et notis nunquam antehàc additis. cui adjiciunter articuli Magistri Rowghton, hactenùs inediti ad officium Adminalitatis Angliae, &c. spectantes. Editio quinta emendata. latin. (London, 1798)
- CHECK THIS IS THE SAME DR CLARKE AS IN MID-C17TH
- ESTC T130100

Colonel George Cocke

Draft profile

The judges of the High Court of the Admiralty were natural targets for lobbying by foreign ambassadors, seeking to influence decisions in the court affecting ships of their nations.

A letter from the Dutch ambassador in England, sent from Nieuport to gressier Ruych, dated November 10th 1656, mentions a dinner between the Dutch ambassador at Colonel George Cocke. It took place at the instigation of the ambassador, after the judges of the admiralty "could not be disposed last week to release and restore the three ships, the St. Dennis, the Salmon, and the Hope, upon the order of the protector and council." The ambassador reported that he "took an opportunity to speak with the said judges, and on monday last Colonel Cock, at present also a member of parliament, after the house was up, came to me, and after dinner I declared to him, that I had only set down in my memorandum the naked truth concerning the said ships...He said, that they were bound by orders given formely, and that the practice being now grounded upon the same, not to discourage the captains at sea to free them of costs and charges...His lordship read in my presence not only the petition, but also the annexed depositions, and afterwards told me, that the said inhabitants would be injured, if so they should be tried any where else than before the judges at Westminster."^[2]

Whereas Dr John Godolphin continued to have influence following the Restoration, as a King's advocate, Samuel Pepys recorded in a diary entry in 1668 that Colonel Cocke was "formerly a great man" and that he now signified nothing.

"After dinner, away with them back to Westminster, where, about four o’clock, the House rises, and hath done nothing more in the business than to put off the debate to this day month. In the mean time the King hath put out his proclamations this day, as the House desired, for the putting in execution the Act against Nonconformists and Papists, but yet it is conceived that for all this some liberty must be given, and people will have it. Here I met with my cozen Roger Pepys, who is come to town, and hath been told of my performance before the House the other day, and is mighty proud of it, and Captain Cocke met me here to-day, and told me that the Speaker says he never heard such a defence made; in all his life, in the House; and that the Sollicitor-Generall do commend me even to envy. I carried cozen Roger as far as the Strand, where, spying out of the coach Colonel Charles George Cocke, formerly a very great man, and my father’s customer, whom I have carried clothes to, but now walks like a poor sorry sneake, he stopped, and I ‘light to him. This man knew me, which I would have willingly avoided, so much pride I had, he being a man of mighty height and authority in his time, but now signifies nothing."^[3]

Primary sources

PROB 18/14/34 Probate lawsuit Cock v Chapman, concerning the deceased Charles George Cocke. Two interrogatories. 1682. (CHECK THIS IS CORRECT MATCH)

Publications

Charles George Cocke, Englands compleat law-judge, and lawyer: [microform] declared in these ensuing heads: 1. Whether that law, and those judges and practizers, owned time out of mind by the supreme authority of the nation, be not the laws, judges, and lawyers of this Commonwealth, &c. 2. Whether courts so constituted are not records of the nation? 3. Whether each court hath not power, as such, to enforce its own decrees. 4. That the decrees and usages of such a court are as valid as of any court. 5. Whether it be not against reason, that when divers courts in the same nation act by divers lawes, one of the courts should have power to prohibit the other to proceed to bring the matters in difference before it self. 6. Concerning judges of appeal. By Charles, George Cocke, one of the judges of the High-Court of Admiralty of England, and also of the Court for Probate of Wills, and granting administrations (London, 1656)
- Thomason Tracts 131:E.870[3].

Dr Foorthe, Judge Surrogate

ADD DETAILS

Dr John Godolphin

Draft profile

Born 1617, died 1678

See Wikipedia article on John Godolphin
See Dictionary of National Biography article on Godolphin, John. Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900.

Son of John Godolphin, who was the younger brother of Sir William Godolphin (d. 1613). Educated at Gloucester hall (renamed Worcester College), Oxford, with B.C.L. in 1636 and D.C.L. in 1643. Appointed a judge of the High Court of Admiralty in 1653, together with Dr William Clerk and Colonel George Cock. Clerk died in 1659, with Godolphin and Cock reappointed till December 1659. Following the Restoration Godolphin became a King's advocate. Buried in Clerkenwell Church, 1678.

The surviving son of Dr John Godolphin was Sidney Godolphin (b.1652, d. 1732). Sidney Godolphin was a member of the House of Commons for various consitituences, from 1685 to 1732.

Primary sources

C 5/405/61. Short title: Godolphin v Vaughan. Plaintiffs: John Godolphin and Anne Godolphin, his wife. Defendants: Charles Vaughan and others. Subject: money matters, Devon. Document type: bill, two answers. Date: 1655.

C 6/146/66. Short title: Godolphin v Follett. Plaintiffs: John Godolphin doctor of laws and Anne Godolphin his wife. Defendants: Christian Follett widow, Hannah West (alias Hannah Aylwyn), Mary Lake and Elizabeth Ellott. Subject: personal estate of the deceased John Follett, of Dartmouth, Devon. Document type: bill, two answers. Date: 1657

PROB 11/356/379 Will of Doctor John Godolphin, Doctor of Laws of Doctors Commons London 18 April 1678

SP 95/5B John Godolphin and C Goch to the commissioners for the Swedish treaty. f 162. 1656 Apr 21

Publications

John Godolphin, Sy nēgoros thalassios, A view 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 the way of appendix an extract of the ancient laws of Oleron (London, 1661)
- See Wing (2nd ed.) G952; ESTC R12555
- Second edition pub. 1685

See Google E-Book edition of John Godolphin, Sunegoros thalassios (London, 1661)

Dr Richard Zouch

Publications

Richard Zouch, The jurisdiction of the admiralty of England asserted against Sr. Edward Coke's Articuli admiralitatis, in XXII chapter of his jurisdiction of courts (London, 1663)
- Notes: Reproduction of original in Harvard University Libraries
- Wing Z22
- Available electronically as part of Early English books online

Processes revealed in litigation

Writing an allegation or libell

Compulsion to attend court

Producents in the Admiralty Court had the power to compell witnesses to attend Court and give evidence to Proctors.

The surgeon, John Thomas, stated in Court that he had been compelled by James Cowse to give evidence in the case of James Cowse against Daniel Jeggles Master of the Anne of London.

"30. To the first hee saith hee cometh to testifie his knowledge in this

31. cause by ˹virtue of˺ a compulsorie procured against him out of this Court by the
32. producent James Cowse, and saith hee hath noe interest in this cause
33. nor will it bee profitt or preiudice to him which soe ever of the parties
34. litigant prevaile therein, And otherwise negatively"

- HCA 13/71 f.460v Case: James Cowse against daniel Jeggles Master of the Anne of London; Deposition: 2. Deposition of John Thomas ("hee goeing Chirurgion"; Date: XXXX. Transcribed by David Pashley^[4]

The carpenter, William Clarkson, was also compelled to attend court to testify in the case of Batson against Gosling and other. Clarkson refers to his compulsion through the issuing of a "Compulsory or Warrant, which was served on him by the Deputy Marshall of the High Court of Admiralty, a Mr Browne, on the behalfe of the producents. He describes being brought before the producents proctor, Mr Suckley, to whom he declared "what hee could testifie in this cause." However, he did not know what use Mr Suckley had made of that information.

"10. To the Interrogatories/
11. To the first hee saith, hee cometh to testifie in this cause by vertue of
12. a Compulsorie or Warrant served upon him by Mr Browne the deputy
13. Marshall of this Court on behalfe of the producents to that effect, and hath
14. receaved nothing nor is promised anything for his testimony and saith hee
15. was brought before Mr Suckley the producents proctor and did declare
16. to him what hee could testifie in this cause, but what use the sayd Suckley
17. made thereof hee knoweth not, And further cannot answere otherwise
18. than negatively/"

- HCA 13/71 f.477v Case: Batson against Goslin and others; Deposition: 3. William Clarkson of Shadwell in the parish of Stepney and County of Middlesex Shipwright Carpenter of the Owners Adventure aged twenty nyne yeares; Date: 03/01/1656(57). Transcribed by William Kellett.^[5]

In response to the next interrogatory regarding any preference as to the outcome of the case, Clarkson responded with the formulaic answer that he "favoureth all alike in this cause and desyreth right may prevaile therein."

However, Clarkson was clearly a hostile witness, since he himself had already brought (and paused) a case for his unpaid wages in the Poultry Court, and intended to sue Batson, Beane and Golderne in the Admiralty Court after the current suit was concluded, if his wages were still unpaid.

"22. To the 3 hee saith hee did not arrest Batson upon an action entered in the
23. Poultry Counter for his wages due to the voyage in question which
24. Action hee lett fall and doth intende after hee seeth the dXXXX of the
25. suite to sue him ˹and Beane and Golderne˺ for the same in this Court if they pay it not in
26. the meane tyme, And saith hee was the Carpenter of the Owners Adventure"

- HCA 13/71 f.477v Case: Batson against Goslin and others; Deposition: 3. William Clarkson of Shadwell in the parish of Stepney and County of Middlesex Shipwright Carpenter of the Owners Adventure aged twenty nyne yeares; Date: 03/01/1656(57). Transcribed by William Kellett.^[6]

In contrast with the compulsion of Clarkson's testimony on behalf of Batson et al, Nicholas Perkins, a forty year old mariner from Wapping, emphasised in the same case that he came to speak in court "uncompelled." Again, in contrast, he came at the invitation of the parties Batson et al were litigating against.

"36. To the first hee cometh uncompelled to testifie being required by the
37. producents Gosling and Maundrie to speake the truth of his knowledge
38. in this cause"

- HCA 13/71 f.590r Case: Batson con Gosling ("Examined on the sayd allegation"); Deposition: 7. Nicholas Perkins of Wapping in the parish of Stepney and County of Middlesex Mariner aged forty yeare; Date: 02/03/1655 CHECK DATE, PROBABLY 1656(57). Transcribed by Colin Greenstreet.^[7]

Swearing of oaths

Oaths appear to have been administered to the great majority of deponents. However, occasionally introductory language is used in the written record of a deposition, suggesting a slightly different process.

One example of the normal language (and process) is the swearing and examination of Gilbert Waters, with the language of examination being used rather than that of deposition.

"21. Gilbert Waters of Ipswich Mariner, aged 42 yeeres or
22. thereabouts sworne and exámined."

- HCA 13/71 f.223v Case: Complin against Brandling; Deposition: 3. Gilbert Walters of Ipswich Mariner aged 42; Date: 19/05/1656. Transcribed by Colin Greenstreet^[8]

An example of slightly different and fuller language and process can be seen in the immediately prceeding deposition to that of Gilbert Waters. This second example is from the deposition of Thomas Moody, a twenty-eight merchant of Bristol. Its language specifies before which Judge Moody was sworne, and spells out that Moody's deposition was by "vertue of his oath." The short form reference to the case in which the deposition forms a part describes it as an "Affidavit" ("Affidavit touching the Lilly of Bristoll seized by the Spaniards", other depositions having been described as "On the behalfe of henry Gough and partners of Bristoll Merchants concerning their losses in the Lilly of Bristoll

"24. Thomas Moody of Bristoll Merchant aged 28 yeeres
25. or thereabouts sworne before the right Worshipfull. John Godolphin
26. doctor of lawes, one of the Judges of the
27. High Court of the Admiraltie saith and deposeth by
28. vertue of his oath,..."

- HCA 13/71 f.223r Case: Affidavit touching the Lilly of Bristoll seized by the Spaniards; Deposition: Thomas Moody of Bristoll Merchant aged 28; Date: 19/05/1656. Transcribed by Colin Greenstreet^[9]

An example of different language, suggesting an alternative process, or processes, is XXXX

"6. William Tribbet of deale in kent
7. Mariner, aged 27 yeeres or thereabouts
8. sworne as in the acts of Court, and
9. exámined upon certaine Interrogatories
10. ministred on his highnesses loyXXX GUTTER
11. saith as followeth."

- HCA 13/71 f.297v Case: The Lord Protector against the shipp the Saint John Baptist (and her lading) Broer Baxton Master; Deposition: William Tribbet of deale in kent Mariner, aged 27 y eares (Signature of "William Tribet" at end of depostion); Date: 09/07/1656. Transcribed by Colin Greenstreet.^[10]

Warnings of risk of perjury

Occasionally, depositions make reference to a witness being warned of the risks of perjury.

For example, the thirty-five year old mariner and captain of the Prosperous, George Gareneham from Southampton stated:

"35. To the first, The danger of periurie being declared unto him as is
36. required, hee answereth that hee was Master of the Prosperous the
37. voyage in question at her departure from Southampton which was on the
38. twenty sixth day of January 1654 and continued in her till her seizure
39. which happened on the first day of June last and was then on
40. board her and saith there was one gunne charged at her seizure and that there was then
41. shott aboard for about a dozen charges more but not above one charge more of
42. powder and some smale quantitie of powder beside to charge musketts with And
43. saith hee verily beleeveth that and is perswaded in his conscience that the sayd
44. shipp could not have escaped with her ladeing though shee had never
45. soe much powder and shott by reason they were over powered as a foresayd and
46. by reason the Company of her threw downe their musketts and refused to make
47. any longer opposition but desyred this deponent to call for quarter, which and
48. lowred the topp sayle whereupon this deponent did aske quarter And further to
49. this Interrogatorie saving his foregoeing deposition hee cannot answere./"

- HCA 13/71 f.103v Case: William horne Thomas Cornelius and Robert Richbell against Thomas Mills and ?Paule Richards ("Examined upon an allegation given in on the behalfe of the sayd Thomas Mills and Paule Richards; Deposition: 1. George Gareneham of Portsmouth in hampshire Mariner Master of the shipp the Prosperous aged thirty five yeares; Date: 29/02/1655. Transcribed by Colinn Greenstreet.^[11]

Reliability of evidence under oath

Not all evidence was considered to be of equal reliability, even though given under oath:

Richard Browne, a carpenter from the parish of Saint Olave in Surrey, was cautious about the reliability of depositions given under oath by a couple he did not know.

"18. To the 5th hee saith, That one Speringfeild and his wife came

19. passengers in the said shipp for England, but of what Credit they
20. are in deposing upon their oaths hee saith hee knoweth not, having
21. never been acquainted with them before./"

- HCA 13/71 f.46v Case: XXXX; Deposition: 4. Richard Browne of the parish of Saint Olave in the County of Surrey Mariner aged 25 (Signature of "P Richard Browne" (is this equivalent to ?pp?); Date: 01/04/1656 ("same day") . Transcribed by Colin Greenstreet.^[12]

Another carpenter, William Clarkson, had direct experience (he alleged) of an attempt by producents to "buy" favourable evidence of witnesses.

"17. cut up and brought on shoare to them, And hee alsoe saith that the sayd

18. Batson and Beane did in the sayd Barsons house in London (since the voyage
19. in question ended) tender unto this deponent a writing importing an
20. acknowledgement that the sayd voyage was overthrowne by the Mates
21. and Mariners ˹of the Owners Adventure˺ disobeying the Commands of the sayd damerell,
22. and told this deponent that if hee would subscribe the same they would
23. bee more civill to him than any of the rest of the sayd shipps company,
24. ˹expecting (as they sayd)˺ that hee as well as Parker the Boatswaine (whose
25. name this deponent then sawe subscribed thereto) would rather ayde them the
26. sayd Batson and Beane therein (meaning in putting the default of the
27. losee of the sayd voyage upon the sayd mates and mariners) then otherwise:
28. whereto this deponent well knowing that the contents of the sayd writing
29. were utterly false replyed and sayd, hee know the contents thereof to bee
30. utterly false and that the sayd Batson and Beane had shipped him for that
31. voyage as deemeing him an honest man, and rather than hee would
32. to testifie a thing which hee know to bee false (as that was) hee would take
33. a knife and cutt his own throate or words to that effect, but in whose
34. hands and possession the ˹sayd˺ paper now remayned hee saith hee knoweth not
35. And hee further saith that the arlate Maurine ffoard did ˹once˺ tell this
36. deponent in the presence of his Contest John Colvile and at a second
37. tyme in presence of this deponent the sayd C and one Elizabeth Leverett
38. and ˹alsoe the producents Gosling and Maundrey˺that the sayd Batson
39. tell him the sayd ffoard that if hee would sett his hand unto a noate that hee
40. the sayd Batson would write or cause to bee written and appeare
41. in Court and testifie the same writing upon oath, hee the sayd Batson would
42. give him the sayd ffoard his wages, And the sayd ffoard afterwards
43. (as by his speech appeared to this deponent) having appeared in Court
44. to testifie on behalfe of the sayd Batson, sayd in presence of this deponent
45. and the sayd Colvile that hee would have seene the sayd Batson
46. hanged before hee would have come into Court to have sworne on his
47. behalfe if the sayd Batson had not promised him his wages (meaning his
48. wages for the voyage in question) And hee saith that the sayd Parker the ADD TEXT FROM NEXT PAGE..."

- HCA 13/71 f.476r (corrected from f.477r) Case: Batson against Goslin and others; Deposition: 3. William Clarkson of Shadwell in the parish of Stepney and County of Middlesex Shipwright Carpenter of the Owners Adventure aged twenty nyne yeares; Date: 03/01/1656. Transcribed by William Kellett.^[13]

Neither benefit nor profit

A standard first question in the Interrogatories required a deponent to state what his relationship is (if any) to the producent, and to state why he was attending the Court, and whether he would profit by a specific outcome of the case.

An example of an answer to this typical first question was given by the Southwarke shipwright, William Robinson, in the case of John Mayor against the lighter the William and ffrancis and its owners:

"46. To the first Interrogatorie hee saith hee cometh to testifie at request of John
47. Maior the producent and hath noe share or interest in this busines other than what
48. hee hath before declared and shall receive neither benefit nor profit whichsoever of
49. the parties litigant prevaile in their suite./"

- HCA 13/71 f.136r Case: John Mayor against a certayne Lighter called the William and ffrancis whereof william Knight and company were) Owners and against the sayd William Knight and company comming in for their interest and against whatsoever persons xr ("Examined upon the sayd libell"); Deposition: 3. William Robinson of the parish of Saint Mary Magdalen in Southwarke Shipwright aged twenty yeares; Date: 11/04/1656 ("same day"). Transcribed by Colin Greenstreet^[14]

Payment of witnesses for loss of wages and for expenses

See f.105v

- HCA 13/71 f.105v Case: William horne Thomas Cornelius and Robert Richbell against Thomas Mills and Paule Richards ("Examined upon an allegation given in on the behalfe of the sayd Thomas Mills and Paule Richards); Deposition: 2. Christopher Rogers of Portsmouth in hampshire Mariner Gunner of the shipp the Prosperous aged fiftie yeares (The marke of "Christopher Rogers (i.e. "CR") at the end of the deposition); Date: 29/02/1655(56) ("same day"). Transcribed by Colin Greenstreet.^[15]

Recording verbal testimony

Direction of the witnesses by the proctors

Occasionally, depositions contain introductory language which reveals that a proctor, on behalf of a producent, had directed a witness to respond only to certain questions listed in the written Interrogatories or to only certain articles in the allegation.

For example, the forty-two year old Ipswich mariner, Gilbert Waters, was directed to respond to only one article of the allegation in the case of Complin against Brandling:

"23. To the third article of the said allegation (upon which alone hee is by direction
24. of the producents procter examined) hee saith and deposeth that
25. hee this deponent was one of the companie of the hoy the Primrose
26. for two voyages ending about two monethes before shee was lost
27. and then left her, and saith when hee soe left her about two monethes
28. before her losse in controversie shee was well and sufficienty furnished
29. and provided of ˹all˺ tackle apparrell and furniture fitt for such avessell
30. and alsoe of sailes, cables, anchors, masts and all other appurtenances
31. And saith hee was aboard her afterwards at Ipswich about a moneth
32. after such his leaving her, and about a moneth before shee was lost
33. and then found and sawe that shee was soe well furnished fitted
34. and provided of all such necessaries and furniture aforesaid, as shee
35. had bin when hee soe left serving in her. And otherwise hee cannot depose."

- HCA 13/71 f.223v Case: Complin against Brandling; Deposition: 3. Gilbert Walters of Ipswich Mariner aged 42; Date: 19/05/1656. Transcribed by Colin Greenstreet^[16]

Repetition in Court

Written depositions and other written responses (such as affidavits) were "repeated" in Court, before one or more Admiralty Court Judges. Details are given at the bottom left of a deposition, below or beside the signature of the witness.

Depositions were usually repeated before one judge, who is usually named. In the 1656-1657 period this would have been one of the three Admiralty Court judges appointed in 1653 by XXXX. These were Dr John Godolphin, Colonel George Cocke, and Dr Francis Clerke.

Occasionally depositions were repeated before two, rather than one, judges.

For example, in the case of Keats Jennings and others against ffredericke Chowne and others the deposition of the merchant Gregory Creyk was repeated before two judges:

"54. To the .16th. he saith he doth not know whethere the sayd shipp when she came from Cyprus
55. could have ćarryed thirty tonnes of Cotton woolls more than were laden in her ˹or not˺ f but
56. he rather thinketh she could not for that the sayd last parcell were steeved in her gunn XXXX GUTTER
57. and there did not appeare to be any roome left for more: howbeit he saith that she did
58. receyve a good quantity of Currants at Zant in the trave way where woolls could not
59. be steived. but how many tonnes the sayd Currants amounted to he knoweth not. And
60. further or otherwise he ćannot answer or depose.
61. Gregory: Creyk: [SIGNATURE, RH SIDE]
62. <margin value="Left">Repeated in Court before the 2 Judges.</margin>
</document-end>"

- HCA 13/71 f.26v Case: Keats Jennings and others against ffredericke Chowne and others ( "Examined upon the sayd allegation"); Deposition: 6. Gregorie Creyk of Marton in the county of Yorke merchant aged 24 (Signature of "Gregory: Creyk:" at end of deposition); Date: 29/02/1655(56). Transcribed by Colin Greenstreet^[17]

Delivery of a verdict

Entry in Act Book of the Court

ADD EXAMPLE

Use of Trinity House surveyors

The two boatswaines on Captain Totty's ship, the XXXX, were concerned about being sued for alleged damage to goods on board the ship. When Totty refused to have the goods on the ship surveyed properly, the boatswaine's organised their own survey of the ship.

"7. ..................................................................... And

8. hee saith that not long after the sayd huggery and Turpin the
9. Masters Mates seeing the master did not take Care to have
10. the shipp and goods surveyed, did procure two men by order
11. of the Trinity house to survey the sayd shipp and the goods
12. dammaged, after which survey made, the shipps Company
13. did readily performe their duties in unladeing the sayd
14. shipp when lighters came to fetch it And this hee
15. deposeth of his sight and knowledge being one of the shipps
16. Company and further hee cannot depose./"

- HCA 13/71 f.359v Case: huggerly and others against Tolty ("Examined upon the sayd allegation"); Deposition: 5. John Adams of Ratcliff in the parish of Stepney and County of Middlesex Gunner of the Edward and John aged twenty fower yeares; Date: XX/XX/XXXX ("same day"). Transcribed by Laura Seymour.^[18]

Power of arrest of a ship

Warrant for arrest of a ship in Bristol

Twenty year old apprentice ship chandler James Norris testified that he had carried a warrant from the Admiralty Court for the arresting of the ship the John at Bristol. Since the ship was in Bristol and he was in London, Norris had taken the warrant to the posthouse to be sent to Bristol, where it was to be executed.

"14. To the 5th hee saith that the hee beleeveth the sad Russell having by this deponents pre=

15. contest John Bly made application to the foresayd John Southwood to demande
16. satisfaction for the sayd materialls and provisions soe delivered the sayd Southwood
17. having (as the sayd Blye told this deponent) appointed him severall tymes to come
18. to receave the same and fayling and deferring to make payment) hath caused
19. the shipp John to bee arrested at Bristoll for the same, this hee beleeveth
20. for that hee carried the warrant for arresting the sayd shipp to the posthouse
21. to bee sent to Bristoll and further referring him selfe to the Registry of this
22. Court hee cannpt depose/"

- HCA 13/71 f.380r Case: Robert Russell against the Shipp called the John and her tackle and apparrell and against humfrey hooke Richard Bridgeman and Company coming in for their interest in the sayd shipp and against whomsoever etcetera ("Examined upon the sayd libell"); Deposition: 2. James Norris of the parish of Saint Dunstan in the East London Shipp Chaundler aged twenty yeares; Date: 30/09/1656 ("same day") . Transcribed by XXXX^[19]

See Robert Russell against the Shipp called the John and her tackle and apparrell and against humfrey hooke Richard Bridgeman and Company coming in for their interest in the sayd shipp and against whomsoever etcetera (HCA 13/71 f.378v)

Jurisdiction of the Court

Primary sources

See 'July 1653: An Act for setling the Jurisdiction of the Court of Admiralty.', Acts and Ordinances of the Interregnum, 1642-1660 (1911)

See John Exton, The Maritime Dicaeologie, Or, Sea-Jurisdiction Of England (London, XXXX). Modern reproduction, the Lawbook Exchange, Clark, New Jersey, 2004

Secondary sources

Proctors of the High Court of Admiralty

Definition: Proctor

"A proctor was a legal practitioner in the ecclesiastical and admiralty courts. Historically, they were licensed by the Archbishop of Canterbury to undertake the duties that were performed in common law courts by attorneys and in the courts of equity by solicitors. Later, the Judicature Acts of 1873 and 1875, which created the Supreme Court of Judicature, combined the three roles into the common profession of "solicitor of the Supreme Court".

In the admiralty courts, a proctor or procurator was an officer who, in conjunction with the King's Proctor, acted as the attorney or solicitor in all causes concerning the Lord High Admiral's affairs in the High Court of Admiralty and other courts. The King's Proctor so acted in all causes concerning the King."^[20]

Dr Cheeke

Dr Smyth

Dr Suckley

Clements

PROB 20/525 Supplementary Wills Series I. Clements, John: St Gregory, London, proctor of court of Arches. 1673

Others

PROB 5/6180 Prerogative Court of Canterbury and Other Probate Jurisdictions: Miscellaneous Inventories, Accounts, and Associated Documents. ARNOLD, Edmund, died in Kensington, Middx, of Doctors' Commons, St Benet Paul's Wharf, London, proctor (includes account). 31 December 1677

Deputy Marshal of the High Court of Admiralty

The fifty-eight year old Doctor in Physicke, Edward Odling, was resident in the parish of Saint Andrewes Wardrobe. He testified in a dispute over the shipp the Minories Busse, which was owned by the "Corporation for the poore of the City of London,", to which he was an "Agent or Sollicitor" of the and had been required to come and testify by the Deputy Marshall of the Court:

"47. To the first Interrogatorie hee saith, that hee this rendent was warned by Mr

48. Browne Deputy Marshall of this Court to come and declare the trueth
49. of his knowledge in this Cause, and otherwise negatively/"

- HCA 13/71 f.450r Case: XXXX and others against the shipp the Minories and against James Boydon; Deposition: 4. Edward Odling of the parish of Saint Andrewes Wardrobe London Doctor in Physicke aged 56. yeares (Signature of "Per me Edw: Odling + a Greek tag" at end of deposition); Date: 02/03/1656(57). Transcribed by Colin Greenstreet^[21]

Registry of the High Court of Admiralty

Witnesses frequently referred themselved to the Registry or Register of the Court in answer to specific interrogatories.

For example, Thomas Morgan, a thirty-six year old mariner from Redriff in Surrey stated:

"16. To the fourth hee referreth himselfe to his foregoeing deposition, and cannot

17. otherwise depose, saving the said Edwards received only one monethes
18. wages at dunkirke, namely two pounds and tenn shillings.
19. To the fifth hee referreth himselfe to the Register of this Court and cannot
20. otherwise depose.
21. To the last hee saith his foregoeing deposition is true.
22. Thomas Morgan [SIGNATURE, RH SIDE]"

- HCA 13/71 f.556r Case: Samuell Edwards and Roger Whitfeild against the Negro and goods; Deposition: 1. Thomas Morgan of Redriff in the County of Surrey Mariner, aged 36 yeares (Signature of "Thomas Morgan" at end of deposition) ; Date: XXXX. Transcribed by Colin Greenstreet^[22]

Terminology

A

Accuse

- "Clements accused the contumacy of the said Crampe in not givinge in his answer {XX} the allegation by him given and desired him to be pronounced contumacious and in paine etcetera to be attached the said Smith dissentinge etcetera" (HCA 3/47 f.66v)

Action

- "Which day appeared personally the said Leonard Olsane and by vertue of his corporall oath to him administred by the Judge did depose that his goods whereof hee hath commenced his action in this Court cost him one hundred and ten pounds in the Indies and that by reason of the losse thereof out of the said shippe hee is damnified to the value of twoe hundred pounds to which value hee hath just cause of action as hee beleeveth./." (HCA 3/47 f.74r)

- to answer an action

Acts of the Court

- "as by the Acts and records of this Court appeareth" (HCA 3/47 f.76r)

Adjudge

- "did adjudge and condemn the said Bradley to pay unto the said Balling and the rest of the parties aforesaid plaintiffs in this cause their respective monthly wages" (HCA 3/47 f.253v)" (HCA 3/47 f.253v)

Administer

- to administer an oath

Admissible

- "so farre as the same is by lawe admissble" (HCA 3/47 f.121v)

Admit(t)

- "Which day the said ffrancklin upon the allegation by him in this cause given and admitted produced for witnesses John Adams and Jasper Williams whom the Judge receaved and administred and oath unto them to speake the truth at the time of their examination" (HCA 3/47 f.71v)

- the opposite of admitting a libell or an allegation is to reject the same

- to argue that a libell, and allegation, or other submission to the Court should not be admitted by law ("Suckley dissentinge and alleadging that the said allegation ought not by lawe to bee admitted)" (HCA 3/47 f.115r)

- to admitt in paine etcetera an allegation in writinge (HCA 3/47 f.95r)

Advocate

- "A Buisines of admission of doctor Timothy Baldwyn into the number of the Advocates of this Court) Which day appeared personally the said Doctor Timothy Baldwin whome the Judges admitted into the number of the Advocates exercisinge in this Court but enioyned him silence for the space of one yeare" (HCA 3/46 f.40v)

Alleadge

- "XXX"

Allegation

- "Which day the said Smith alleadged that the porte of Cassandra is an unfree porte for any English shippe or vessell to trade unto and that in case the Company of any shipp belonging to England bee. taken by the Turkes trading there they are made Slaves by the Turkes and that in case any English shipps doe at any time trade thither yet there is a particular Contract made for that voyage and farre greater wages allowed then for other voyagaes" (HCA 3/47 f.70v)

Answe(a)r(e)

- "Which day Cheeke alleadged that it is not fully and plainly answeared by ffrancklins Client to the twoe last allegations given against him in this cause referring himselfe etcetera Wherefore hee prayed the said Gridden to bee ordered to give more full and plaine answeares in the presence of the said ffrancklin dissentinge and alleadging that it was fullie answeared referringe himselfe etcetera" (HCA 3/47 f.24v)

- to be called to make a fuller answer to a series of articles

Appeal(e)

- "A busines of appeale promoted by Bernard Sparke James Marshall John Cooke and Samuel Anthony against Richard hayman Suckley Smith" (HCA 3/47 f.67r)

-"under protestation etcetera alleadged that this cause was and is duly appealed And thereupon the Judges at the petition of the said Suckley did assigne the said Cheeke to prosecute the said appeale under the great seale of England upon Tuesday the third day of March next ante hoc etcetera./." (HCA 3/47 f.254r)

Appeared

Appellant

- "Which day the said Suckley appeared for the said Sparke and the rest of the parties appellant and made himselfe party for them and the said Smith for the said heyman" (HCA 3/47 f.67r)

Apprizement

- apprizement of a ship

- "Which day Mr Smith did bringe in the Commission for the apprizement of the said shippe with the apprizement taken by vertue of the same./" (HCA 3/47 f.98v)

Apprizers

- "at whose petition the Judges did decree the said shippe Tackle and furniture to bee Inventaried and apprized by Apprizers to bee chosen by the Marshall of this Court or his Deputy accordinge to the full value thereof./." (HCA 3/47 f.94v)

Arbitration

- "Which day the said Clements alleadged that the said Crampe did hire the said hutchinson to serve in the shippe called the George Bonadventure whereof the said Crampe was Master the voyage in question at the rate of fower pounds a month and that hee entred into pay upon the 6th day of ffebruary one thousand six hundred fifty and fower and continued in the service and imployment of the said shipp untill the tenth day of Aprill one thousand six hundred ffifty and six in the presence of the said Crampe whoe confessed the same to bee true Then the said hutchinson consented to referre the difference in question to the arbitration of Charles George Cocke Esquire and that the proofes made by Master ffarington agreed and did likewise consent and agree to referre the said difference to the said Collonel Cocke accordingly./." (HCA 3/47 f.70v)

Argue

- "argued and debated" (HCA 3/47 f.98v)

Arrest

- "Appeared the said Smith and prayed that the Court would proceed to the taxation of the charges touching the arrest of the shippe the Julian mentioned in the proceedings of this cause..." (HCA 3/47 f.26r)

- "Which Caution the Judge receaved and did decree the said Vessell and her tackle and ffurniture to bee released from the said arrest./." (HCA 3/47 f.98r)

Article

- "did decree the said ffrancis Ash John Dickons George Dickons and Stephen ?Ballow to be monished to appeare in the hall etecetera upon Tuesday next in the afternoone betweene the hours of Twoe and ffive to showe cause if any they have why they should not XXXXse their suite at Common Lawe and enter their action in this Court or els why articles of Contempt should not be admitted against them" (HCA 3/47 f.212r)

Articles of contempt

SEE: HCA 3/47 f.212r

Aske

- "the Judges assigned the said Smith to prove the same the third Session of the next Terme and at ffrancklins petition assigned him to aske a Commission the first Court day of the next Terme in case hee intends to use any/." (HCA 3/47 f.94r)

Assignation

- "Mr Cheeke is to prove his livbell this day. Which day the Judges at the petition of the said Cheeke did continue this cause and the assignation thereof in the same state that now it is untill the nextCourt day" (HCA 3/47 f.122v)

- "To heare sentence at ffrancklins petition on the first assignation saving the full answeres of Watson and howe." (HCA 3/47 f.230v)

Assigne

- a Judge assigns a proctor to do something on a specified Court day (e.g. to give a libell; e.g. to prove something: e.g. to assign a cause to sentence)

Attachment

- "the said Shurt hath not appeared but stands in contempt wherefore hee prayed an attachment to bee granted against him in the presence of Cheeke dissentinge..." (HCA 3/47 f.24v)

- "in the presence of the same Totty alleadging that hee hath paid the same to all the said marriners except to some fore of them whose wages are attached by a warrant out of this Court at the suite of the owners of the said shipp Whereupon the Judge did order the said Totty to bringe into the Registry of this Court the whole wages yet unsatisfyed by friday next or els the said attachment made on behalfe of the said owners to bee discharged..." (HCA 3/47 f.70r)

Attendance

- the attendance of a proctor in the Court at a given time and on a given day

Award

- "with such charges as this Court shall award" (HCA 3/47 f.229r)

B

Baile/bayle

- to give baile for payment of costs

- to give in baile by a certain date

- to give "good and sufficient" baile

Behalfe

- "in this behalfe" (HCA 13/47 f.95r)

Beleeve

- "Then Cheeke repeated the said libell and desiringe an answere to bee given thereunto by Budd, the said Budd answearing and not beleevinge the same..." (HCA 3/47 f.24r)

Bond(s)

- to give a bond for appearance, following an arrest by the Court (HCA 3/47 f.114v)

- "exhibited the bond for the appearance of the said Simon Morgan and accused the contumacie of the said Simon Morgan and Bartholomew Capell his suretie for not appearinge accordinge to the tenor of the bond and desired them to bee pronounced in contempt and in paine etcetera and to bee attached" (HCA 3/47 f.125r)

Bound

- to become bound in court through the acceptance of a surety

Busines

- "A busines of appeale" (HCA 3/47 f.125v)

- "A busines of contempt" (HCA 3/47 f.118r)

- "A busines of examination of witnesses" (HCA 3/47 f.119v)

- "A business of Intimation of the state of the Saint John of Roen" (HCA 3/47 f.378v)

C

Cause

- "Which day the said ffrancklin upon the allegation by him in this cause given and admitted produced for witnesses John Adams and Jasper Williams whom the Judge receaved and administred and oath unto them to speake the truth at the time of their examination" (HCA 3/47 f.71v)

- "the production and examination of the said witnesses beinge taken the Judges did publish their depositions and assigned to heare this cause as to the other halfe of the said wages upon friday the twoe and twentith day of this moneth at which time the Judge did decree the freighters of the said shippe videlicet [BLANK OF CIRCA TWO LINES IN MANUSCRIPT]to appeare to show cause why they should not pay their freight that thereby the said marriners may bee paid their wages./." (HCA 3/47 f.68v)

Caution

- to receive a caution (a Judge in the HCA receives a caution)

Certificate

- to continue a certificate until the next court day in the same state

- "Then the said Clements exhibited the originall mandate against Mathew Goodfellow [BLANK IN MANUSCRIPT] Davenporte Richard Aly John Wood ffrancis Sampson Robert Davies and Rowland Searchfeild with the certificate thereon indorsed which certificate the Judge did continue in the same state that nowe it is untill tomorrowe morninge" (HCA 3/47 f.71v)

- "the certificate for putting the sentence in execution os continued to this day Which day the said Brandes being three times called and not appearing the said ffrancklin accused his contumacy and the Judges at his petition pronounced the said Brands to bee in Contempt Then ffrancklin in paine of his Contumacy and in the presence of Cheeke proctor for his highnes James Duke of Cureland before mentioned did produce the Judgement and finall Interlocutory decree (having the force of diffinitive sentence) gien and promulgated by the Judges of this Court the foure and twentith day of May 1656" (HCA 3/47 f.260r)

Charge

- "alleadging that the said allegation doth contain the charge of the libell and is not by lawe admissible" (HCA 3/47 f.238v)

Charges

- "Appeared the said Smith and prayed that the Court would proceed to the taxation of the charges touching the arrest of the shippe the Julian mentioned in the proceedings of this cause..." (HCA 3/47 f.26r)

- to dismiss an action with charges (HCA 3/47 f.115r)

Cite

- "the said Shurte hath beene cited to appeare at a certaine time and place prefixed and longe since elapsed and that the said Shurt hath not appeared but stands in contempt..." (HCA 3/42 f.24v)

- "open preconization being made for all in this behalfe cited" (HCA 3/47 f.121v)

Civill

- "a cause civill and marine" (HCA 3/47 f.253v)

Client/Clyent

- Client of a proctor

Commence

- to commence an action

- (to commence an allegation)??

Commission

- to request or desire a Commission for witnesses who are too far outside London to be conveniently examined at Doctors Commons

- In HCA 3/47 Commissions are granted, for example, to take depositions in Exter, Great Yarmouth, and York

- "his Clients had certaine witnesses necessarie to prove the intents of the said libell in the Countrey in parts farre remote from this Tribunall Wherefore hee prayed a Comission to bee decreed for examination of witnesses at Biddeford in the County of Devon the said Budd dissentinge Butt the Judges at Cheekes petition did decree a Comission for examination of witnesses on his Clients behalfe and committed unto ffrancis ffarie Humphrey Prideeaux Mathew Hatch and William Shibber gentleman Comissioners named by Cheeke to sitt in the Townehall of Biddiford the third foarth and fifth daies of September next ensueing the date thereof with continuation etcetera Assuminge etcetera And monished Budd to attend the daies and place aforesaid if etcetera and assigned Cheeke to transmitt the said Comon the second session of Michaelmas Tearme next./" (HCA 3/47 f.24v)

- "Which day Mr Smith did bringe in the Commission for the apprizement of the said shippe with the apprizement taken by vertue of the same./" (HCA 3/47 f.98v)

Committ

- the Court can committ its power to named individuals in a Commission to take depositions outside London (HCA 3/47 f.116v)

Complaine/complayne

- "Richard Neales Captaine of the shippe theTiger of Dover doth complaine against John Whetstone William Stratford and Edward Watts three of the Company of the said shippe for leaving and deserting the said shippe at Lisbone" (HCA 3/47 f.118v)

Compulsorie

- "Did decree a Compulsorie against all such witnesses as shalbe by him named returnable imediate etcetera" (hca 3/46 F.21V)

Conclude

- "the same doth not conclude in lawe, nor ought by lawe to bee admissible but the Judges admitted the said libell with the schedule thereto annexed soe farre as the same is by lawe admissible" (HCA 3/47 f.125r)

Concluded

- "Which day Suckley alleadged this cause standeth concluded in case noe body appeare for the said Barnard and give ina libell and sureties this day Wherefore hee desired the same to be absolutely dismissed" (HCA 3/47 f.253r)

Concludent

- "in the presence of Smith dissentinge and alleadging that the same is not concludent and that the same matter hath bin formerly laid by Budd and witnesses produced and published thereupon and that it is directly contrary to what hath bin by Smith alleadged" (HCA 3/47 f.120r)

Condemn

- to be condemned by the Court to pay following sentence

Condemnation

Confess

- "the sayd Nathaniel Broad and the sayd David Budd who both acknowledged and confessed that this cause soe far forth as it Concerneth the sayd Budd is fully transacted and agreed" (HCA 3/47 f.351v)

Confession

- to confess the truth of a matter

- "the said ffrancklin alleadged that it appeareth by the confession of one Mr Davenport Sherriff of the Citty of Coventry made in the Acts of this Court that hee by vertue of a warrant under the great Seale of this Court did arrest the said Walters upon an ?action of 6000 :li at the suite of the said Skinner Wherefore the said ffrancklin prayed that the Court would decree the said Davenport to bee monished to make a returne of the said warrant to this Court Whereupon the Judges at ffrancklins petition did decree the said Davenport to bee monished to make a returne of the said warrant to this Court upon wednesday next in the morninge and continued the warrant and bond in the same state that nowe they are untill the same time./." (HCA 3/47 f.255r)

Consent

Consideration

- "the said ffrancklin dissenting and alleadging that the said allegation was frivolous and inconcludent and by lawe not admissible Whereupon the whole matter being taken into Consideration and fully debated in open Courte by and betweene the said proctors and the Councell on either parte And the Judges upon the debate finding it cleerely and fully made out that after the first offereing the said allegation by Cheeke it was by consent of both sides agreed that a Reference should be made to Doctor Walker and Doctor Turner being severally of Councell in this Cause And that accordingly there was a meeting before the said Doctor Walker and Doctor Turner by and betweene the said Charles Marescoe and the said ffrancklin his proctor on the one parte and the honourable Randolph Van Struck Agent of his said highnesse James Duke of Cureland and Cheeke his proctor on the other parte And that upon debate had before the said Referrees it was then eventually agreed and consented unto by the said honourable Agent and the said Charles Marescoe that Twoe merchants th'one for the said John Buck and Charles Marescoe and the other for his highnes the Duke of Cureland should bee nominated to viewe and examine the Accounts of the said John Buck and Charles Marescoe touching their lending and laying out the moneys upon teh said Case of bottomry And that for as much as should bee found by the said merchants soe mutually to bee chosen to bee layd out by the said John Buck and Charles marescoe and to be justly and truely due to them upon the Examination of teh said Accounts that the same should bee allowed as by the said Agent and should without further opposition or contradiction bee subject to the execution of the said Judgement of bottomry and either bee forthwith duely paid or bee executed accordingly without any further cavill or Tergivesation" (HCA 3/47 f.260v & f.261r)

Constitute

- "The worshipfull Charles George Cocke Esquire one of the Judges of the Court for divers good causes and considerations him thereunto mooving did constitute and appoint the said William fforth Doctor of Lawe to bee a Surrogate of this Court and did impower him {to} administer an oath unto such witnesse{s} as shalbee produced before him and to take their repetitions of their depositions and to take bailes in case of necessity only where it shall appeare unto him that the shippe or vessell or person arrested or to bee arrested and for which bayle shalbee offered are speedily goinge to Sea and that the detention thereif under arrest wilbee very prejudiciall to the persons therein concerned which said power is by him to bee exercised untill Doctor Godolphins cominge to London and noe longer./." (HCA 3/47 f.74r)

Contempt

- "the said Shurte hath beene cited to appeare at a certaine time and place prefixed and longe since elapsed and that the said Shurt hath not appeared but stands in contempt..." (HCA 3/42 f.24v)

- "A business con contempt promoted against John Browne" (HCA 3/47 f.100v)

- "articles of contempt" (HCA 3/47 f.212r)

Contents

- " to prove the contents of the libell given in the said cause on his behalfe" (HCA 3/47 f.99v)

Continuation

- "A general continuance for all causes and certificates" (at end of fourth session of Michaelmas term, 1656) (HCA 3/47 f.149v)

- "Which day the Judge did continue all causes and certificates to this day assigned and continued in which noe Acts are this day spedd and all certificates this day to bee returned and which are not brought in, in the same state that nowe they are untill friday next in the afternoone betweene the howers of twoe and ffive./." (HCA 3/47 f.92v)

Continue

- to continue a cause until a certain day at the petition of a proctor (HCA 3/47 f.94r)

- to contimue a certificate (until the next Court day)

- to continue a warrant (until a specified day)

Contumacie/Contumacy

- "Which day upon preconization beinge made for all in this behalfe cited and noe body appearinge the Judge at the petition of Mr ffrancklin appearinge for the said Bateman Barnard and Throgmorton and accused the contumacy of all in this behalfe cited and not appearinge pronounced them contumacious and in paine and to have fallen into the third default and continued the certificate in the same state that nowe it is untill wednesday the tenth day of September next in the morning in the betweene the houres of nine and twelve./." (HCA 3/47 f.71r)

- "Which day the said Budd accused the Contumacy of the said Ashkettle in not answearing being monished etcetera" (HCA 3/47 f.113v)

Contumacious

Corporall oath

Counsell

- NOTE: Counsell is not the same as a proctor

- "in the presence of Doctor Walker beinge of Counsell for the said Totty alleadging that the said Captaine Hughes hath as hee is informed miscast the said wages the summe of twelve pounds and prayed the same may bee heard as to that point before any thing bee done against him" (HCA 3/47 f.139r)

Court day

- Whereupon the Judges did assigne to heare the order of the Court upon the petition of the sa{id} ffrancklin upon Wednesday the tenth day of the month of September next betweene the houres of nine and Twelve in the morninge of the same day being the accustomed houres for hearinge of causes there./." (HCA 3/47 f.73r)

D

Damage

- "Suckley dissentinge and alleadging that the goods have received damage to the summe of 130 li which doth amount to the summe of 3:li 12:s a man of each of the marriners of the sayd Shippe and therefore desired the same to be deducted out of their wages. Whereupon the Court did order that the said 3:li 12:s a man should be deducted out of Each mans wages and deposited in the Registry of this Court for the answearing of the samages in this behalfe and pretended to be susteyned and that the remainder of the wages shall be payd unto them to morrow morning and assigned to heare this cause as to the matter of damage on this day Seavennight in the afternoone" (HCA 3/47 f.288v)

De bene esse

- "Which Caution the Judge receaved de bene esse and decreed the said Greene and Odway to be released from the said arrest in case nothing sghalbe objected against the said security within three dayes./." (HCA 3/47 f.228v)

Debate

- "argued and debated" (HCA 3/47 f.98v)

Decree

- "The Judge at his petition did decree the said Best to bee monished to appeare In this place to morrowe morninge to pay unto the said Atwood the money adjudged to him by the said award since confirmed by this Court was submitted unto by the said Best under paine of being attached./." (HCA 3/47 f.71v)

Default

- first, second, third and fourth defaults

Deliberation

- "full deliberation" (HCA 3/47 f.98v)

Deny

Depend/dependeth

- "which suite still dependeth in this Court" (HCA 3/47 f.114v)

Deposition

Deputy marshall

- "Robert Cranmer and Company against whatsoever summes of money in the hands of Thomas Browne the Deputy marshall of this Court due for the wages of John hunter John Cope Adrian Browne John Stone Waren XXXnner Robert Cooper henry Morrice Edward hatfeild Stephen Bray William Jackson Tobias Coult John Gott George George Albert Alderson John Clarke John Dyerch John Weaver for theire service in the said shippe the Merchant Adventure or wheresoever etcetera Clements Colequite" (HCA 3/43 f.73r)

Determination

- "and suspended the determination of the residue of their wages untill some other time./." (HCA 3/43 f.773v)

Determined

Disallow

- "Mr Cheekes allegation is disallowed in case cause bee not showne to the contrary this day./" (HCA 3/47 f.100r)

Discharge

- "Master ffrancklin is to shewe cause this day why the action should not bee discharged./" (HCA 3/47 f.93v)

Dismiss

- "Which day the said Colequite desired the said Clements may bee assigned by some competent time to give a libell with sureties or els that the cause may bee dismissed with expences" (HCA 3/47 f.99v)

Dismission

- "since the dismission of this cause with fforty shillings costs notice hath bin given to him by his Clyents and that since the beginning of this suite and before the said dismission this cause was finally transacted and agreed to betweene the said parties therein" (HCA 3/47 f.191v)

Dissenting(e)

E

Endorse

Examine

Examinate

Examination

- "Which day the said ffrancklin upon the allegation by him in this cause given and admitted produced for witnesses John Adams and Jasper Williams whom the Judge receaved and administred and oath unto them to speake the truth at the time of their examination..." (HCA 3/47 f.71v)

Exemplification

Executed

- to execute a monition

- to execute a sentence

- "Which day the said Budd alleadged that the said Clements was monished to appeare this afternoone by vertue of a decree under the seale of this Court in this place betweene the howres of twoe and five to see an allegation given and admitted and witnesses thereupon produced and sworne and that the said monition was duly executed by John Salisbury and afterwards by the said Salisbury at the request of the said Clements to him ADD MORE TEXT" (HCA 3/47 f.224r)

Exhibit

- "Which day the said Suckley exhibited the originall mandate against the said Nutt with the certificate thereon indorsed and open preconization beinge made for the said Nutt and he not appearinge the Judges att Sucklies petition accusing his contumacie pronounced him contumacious and in paine etcetera" (HCA 3/47 f.24v)

Expences

- Expenses of suite

Expired

- "Appeared the said Suckley and did alleadge that fifteene daies are fully expired since the sentence given in this cause on the behalfe of the said Rasmussen And thereupon the Judge at his petition did decree the said Southwood ad Company to bee monished to appeare in the Common hall the third day after if etcetera to showe cause if any they have why the sentence given against them on the behalfe of the said Rasmussen in this Court should not bee past in execution and the expences of suite taxed./." (HCA 3/47 f.225v)

Extraction

- "Which day Smith brought in the Commission for examination of witnesses in this behalfe extracted with the depositions taken by vertue of the same" (HCA 3/47 f.116r)

F

ffee

- "Budd alleadged that hee is by this Court ordered to make what proofes hee cann in this cause by the third Session of this Tearme and that he hath an allegation to bee given in, and witnesses to bee produced there upon which he hath shewed to mr Clements and desired his presence before the Judges this afternoone to see the said allegation given and witnesses produced and hath offred him his fee for his attendance and the said mr Clements hath denyed to bee present" (HCA 3/47 f.226r)

Forbearance

- "as touching the forbearance of the performance of said Pibus and Duke at the Comon Lawe hee the said Mr Ash did then declare that hee could give noe positive answere thereunto untill such time as hee communicated the same to the said Greenland Company they being a corporation established by parliament whereof hee is but a member which hee then undertooke to doe before Wednesday next and in the meane time to forbeare any further prosecution against the said Pibus and Duke at Common lawe" (HCA 3/47 f.226r)

Forbeare

- "Appeared the said Budd and exhibited the originall mandate against the said John Brewer with the certificate indprsed in the presence of the said Brewer whom the said Budd prayed the Court would admonish to for beare any further proceedings in the Sherrifs Court against the late Commissioners for prize goods for the matters in the said mandate expressed" (HCA 3/47 f.85r)

Frivolous

- "the said ffrancklin dissenting and alleadging that the said allegation was frivolous and inconcludent and by lawe not admissible" (HCA 3/47 f.260v)

G

Give

- to give a libell (HCA 3/47 f.94r)

Grant

- to grant a default (first, second, third, or fourth) (HCA 3/47 f.122r)

- to grant a petition (HCA 3/47 f.250r)

- "in case the same be not granted" (HCA 3/47 f.240r)

Great seale of England

-"under protestation etcetera alleadged that this cause was and is duly appealed And thereupon the Judges at the petition of the said Suckley did assigne the said Cheeke to prosecute the said appeale under the great seale of England upon Tuesday the third day of March next ante hoc etcetera./." (HCA 3/47 f.254r)

H

Harm(e)les

- to save someone harmless (a client saves harmless those who give sureties on his behalfe)

Heare

- to heare a cause

I

Indorse

- to continue a certificate which had been indorsed (endorsed)

Interrogatories/Interrogatoryes

Intimation

J

Judg(e)ment

- " to bring forth the said Slapp in Judgement whensoever his presence shalbee thereunto lawfully required" (f.74v)

Jurisdiction

- "under protestation of not consentinge to the Jurisdiction of this Court did desire a libell and baile or els the cause to be remitted to the Judge from whom it is appealed with costs" (HCA 3/47 f.115r)

- "within the ebbing and flowing of the Sea and within the Jurisdiction of the high Court of Admiralty" (HCA 3/47 f.262r) NOTE: this case concerns the right of commonage and fishing for oysters. The proctor, on behalfe of the plaintiffs, called for any prosecution "att the Sessions or other place not proper for the same" to be ceased or to face attachment for Contempt of the Admiralty Court (HCA 3/47 f.263r)

Justice

- which he desired to be admitted and Justice etcetera...

- to desire Justice, "desiring Justice"

Justification

K

L

Lawfully

- "Humphries is to appeare lawfully this day" (HCA 3/47 f.123r)

Liable

- "to answeare the action commenced by him the said Nayles against the said third parte soe farre forth as the same shalbee adjudged liable by lawe" (HCA 3/47 f.74v)

Libell

- to exhibit a libell in writinge

- to give a libell with sureties

- to argue that the libell ought not by law be admitted

- to prove the contents of a libell

M

Make for his client

- See HCA 3/47 f.254r

Make himselfe party

- a proctor makes himself party to a cause by exhibiting his original mandate with its endorsed certificate

Mandate

- "Which day the said Smith exhibited and left in the Registry of this Court the originall mandate with the certificate thereon indorsed..." (HCA 3/47 f.70r)

Marshall

- Could be ordered by the Admiralty Court to perform certain actions, such as selling a shipp which has been arrested

- "at whose petition the Judges did decree the said shippe Tackle and furniture to bee Inventaried and apprized by Apprizers to bee chosen by the Marshall of this Court or his Deputy accordinge to the full value thereof./." (HCA 3/47 f.94v)

Matter

- "Which day the said Smith upon the matter by him in this cause given and admitted produced for a witness John Bennett" (HCA 3/47 f.95r)

Matter of ffact

- "The Court having this day heard the Counsell on both sides upon the matter of ffact in this cause did at the
petition of the said Budd and in the presence of the said Smith assign this cause to sentence upon Tuesday next in the afternoone in this place " (HCA 3/47 f.227v)

Merritts

- merits of a cause (HCA 3/47 f.253v)

Monish

- to monish

- "being long since judicially monished" (HCA 3/47 f.126r)

Moi(e)ty

- one half

Monition

- "Which day Smith did produce upon the allegation by him in this cause given did produce the said ffarington to whom the Judges did administer an oath to speake the truth etcetera and monished him to give in his answers before the next Court Day the said ffarrington and ffrancklin dissentinge./." (HCA 3/47 f.24r)

- "the monition in this behalfe did perish wthout fruit wherefore hee prayed the same to be renewed" (HCA 3/47 f.196r)

N

Neat value

-"(the said summe of ffower hundred, and foureteene pounds being the neat value of the said Boxwood over and above the summe of 96 li for charges upon the same expressed in an account thereof left in the Registry of this Court on the behalfe of the said Laurence and there remaininge)" (HCA 3/47 f.229r)

Notary publicke/notary publique

- "Friday the twoe and twentith day of August 1656 before the right worshipfull Charles George Cocke Esquire one of the Judges of the high Court of Admiralty of England in the Common hall in the presence of Sam: howe Notary publicke./." (HCA 3/47 f.70r)

Notary publickes identified in HCA 3/47

Samuel Howe (also Deputy Registrar)
Charles Moore (HCA 3/47 f.352r)
John Oliver (HCA 3/47 f.351v)

Notice

- to give notice to a proctor (by a client)

O

Oath

- "whom the Judge receaved and administred an oath unto them to speake the truth at the time of their Examination in the presence of ffrancklin dissenting and havininge the usuall time for Interrogatoryes" (HCA 3/47 f.70v)

- "an oath upon the holy Evangeliste" (HCA 3/47 f.255v)

Objecting

- to object on the proceedings (HCA 3/47 f.86v)

- "Which Caution the Judge (notice thereof havinge bin already given to Mr ffrancklin proctor for the said husband and hee not objectinge against the same) receaved and did decree the said shippe and the said Cole to bee released from the said arrest./." (HCA 3/47 f.223v)

Oblige

- to oblige oneselfe (in context of giving sureties)

Officers

- "Officers of this Court" (HCA 3/47 f.213r)

Order

- to heare the order of the Court (HCA 3/47 f.122r)

- "Which day appeared some of the marriners of the said shippe and the said Crampe and ffarington and the Judge havinge formerly heard the proofes made in this cause read did order and decree the said ffarington to pay and satisfy unto the said Demecke and the rest of the marriners of the said shippe and alsoe to the said Hutchinson one halfe of theire respective wages accordinge to the respective rates they were hired to serve in the said shippe and voyage deductinge out of the same what they have alreadie receaved in parte of their wages and soe much more as will make upp the said halfe brought into the Registry of this Courte there to remaine untill further order" (HCA 3/47 f.73v)

Originall mandate

Overthrowe

- to overthrow(e) a party in a suite

P

Paine/Payne

- "in paine"

- to be in paine of his contumacy, leading am individual called to appear in the Court, and failing to appear, to be attached

- to pronounce an individual in paine, but reserve the paine until a later Court date

- to referr the paine to the next Court day (HCA 3/47 f.125r)

- "The Judge at his petition did decree the said Best to bee monished to appeare In this place to morrowe morninge to pay unto the said Atwood the money adjudged to him by the said award since confirmed by this Court was submitted unto by the said Best under paine of being attached./." (HCA 3/47 f.71v)

Party

- to make oneself party (i.e. a proctor makes himself party in Court for his client)

- to bring forth a party in judgement (obligation of an individual(s) giving surety to the Adnmiralty Court)

Partie/Party principall

- "which said libell being soe admitted and repeated and the said Colequite not beleevinge the same to bee true the Judge decreed for the party principall the tenth day after if etcetera" (HCA 3/47 f.69r)

- there can be multiple partie principalls in a cause (HCA 3/47 f.126r)

Performe

- "The Court thereupon at the petition of the said Cheeke did order that intimation bee given to the said ffarington by shewinge him a copy of this order to performe the said former order of this Court soe made as aforesaid by Satterday next in the morninge./." (HCA 3/47 f.76r)

Personal answe(a)re(s)

- "Which day Dyer accused the contumacy of the said Beake in not giving in his personal answeres before this day being there to monished and the Judges at his petition decreed an attachment against him for not putting in his answeares soe as the attachment bee not extracted within these three days next answeringe in the presence of Suckley dissentinge" (HCA 3/47 f.116r)

Personal decree

- "Which day Cheeke brought in and exhibited a personal decree with the certificate indorsed and accused the contumacy of the said Brunton in not appearinge to answeare unto the positions and articles of a certaine libell in this behalfe given against him" (HCA 3/47 f.114r)

Personally cited

Personally monished

- See HCA 3/47 f.254r

Petition

- "Which day the Judges at the petition of the said ffrancklin did assigne to heare this cause upon Satterday next in the morninge./." (HCA 3/47 f.24v)

Plainely and fully answeared

See HCA 3/47 f.256r

Plaintiff

- "plaintiffs in this cause" (HCA 3/47 f.98v)

Plead

- "Which day the Court with the consent of the said Smith did rescind the conclusion of this Cause and at the petition of the said Smith did assigne the said Suckley to plead what he hathe to pleas in this Cause within tenn daies and to aske a Comission for examination of witnesses within tenn dayes in case hee intends to use any and in case hee shall not within Tenn dayes desire a Commission then the Judge at Smiths petition did assigne the said Suckley to prove what hee shall soe plaed within the said Tenn dayes within a month the said Suckley dissentinge etcetera" (HCA 3/47 f.225v)

Porrected

- "the said Smith porrected a bill of expences which hee prayed to be taxed ^" (HCA 3/47 f.231r)

Position(s)

- "Which day Cheeke brought in and exhibited a personal decree with the certificate indorsed and accused the contumacy of the said Brunton in not appearinge to answeare unto the positions and articles of a certaine libell in this behalfe given against him" (HCA 3/47 f.114r)

Pray

- to pray to be admitted

- " by which meanes hee is disabled to pay the said marriners theire wages and prayed a monition against the said freighters to appeare to showe cause why they should ˹not˺ pay their freight" (HCA 3/47 f.68r)

Preconization

- "Which day the said Smith appeared for the said Thomas Huggins and made himselfe partie for him and executed the originall mandate with the certificate thereon indorsed and open preconization being made for the said harris and all others in this behalfe cited and neither hee nor any bodie els appearinge the Judge at the petition of the said Smith accused theire contumacie pronounced them contumacious and in paine etcetera to have fallen into the first default and continued the certificate to the next Court day/" (HCA 3/47 f.24r)

- WIKIPEDIA DEFINITION: "A preconization (Late Lat. praeconizatio, from praeconizare, "to proclaim", Lat. praeco, "a public crier") is a public proclamation or announcement. In this sense it is practically obsolete; but the word is still technically used of the solemn proclamation of new bishops, and of the sees to which they are appointed, made by the pope in the consistory of cardinals.

In its strict juridical sense, it refers to the ratification in a public consistory of the choice made by a third person of a titular of a consistorial benefice, for example a bishopric. The pope approves the election or postulation of the titular made by a chapter, or ratifies the presentation of a candidate made by the civil power. This preconization is preceded by an informative process, which according to the present discipline is raised by the Consistorial Congregation for the countries not under Congregation of Propaganda, but the information is furnished by the Secretary of State if the question at hand refers to sees situated outside of Italy." (http://en.wikipedia.org/wiki/Preconization)

Premisses

- to intimate the premisses to a party of a cause

Presence

- an action may be recorded in the Court Act Book as taking place "in the presence of" one or more proctors

Primuni decretum

- "the Judges at ffrancklins petition accusing their contumacy did pronounce them contumacious and in paine etcertera to have fallen into the and fourth default Then the said ffrancklin in paine etcetera porrected a primumdecertum in writing which the Judges in paien etcetera (oath being made by the said Jennings then present in Court of the truth of the Contents thereof) admitted and decreed as in the same is contained and at the petition of the said ffrancklin the Judges did assigne to heare their order upon the teaxation of the charges on Tuesdeay the third day of March next./." (HCA 3/47 f.252v)

Proceed

- to proceed to hear the cause (HCA 3/47 f.338v)

- "Wherefore the said Budd desired that in regard some of his witnesses were Seamen and ready to goe to Sea that hee may not loose the benefitt of their Testimony that the said Clements might bee monished to appeare in Court this afternoone betweene the howres of three and five to the effect aforesaid with intimation that in case hee appeare not the Judges his absence or contumacy notwithstandinge will proceed in the said cause upon what shalbe desired by the said Budd according to lawe and Justice which the Judges at his petition decred as is desired./." (HCA 3/47 f.226r)

Proceedings

- "Which day the Judge at the petition of the said Smith did renew the monition formerly granted against the said Alsopp and Corbet to appeare to see further proceedings had...+ (HCA 3/47 f.71r +)

- "it appeareth by the proceedings of this cause that there was and is due to the said Bancock for the wages by her in this behalfe demanded the summe of 69 li 26 s whereof and now more" (HCA 3/47 f.126v)

Processe

- "Which said libell beinge soe admitted and repeated and the said Smith not beleevinge the same to bee true the said Suckley exhibited the processe Judiccis a quo etcetera which the proctors on both sides accepted soe farre as it makes for their Clients respectively./." (HCA 3/47 f.67r)

Proctor

Proctors identified in HCA 3/47

Cheeke
Colequite
ffrancklin
Oughton
Smith
Suckley
Watson (HCA 3/47 f.262v)

Produce

- to produce a witness

Promote

- to promote a cause (by a proctor)

- "A busines of contempt promoted by John Pibus and Abraham Duke against ffrances Ash George and John Dickons and Stephen Ballow" (HCA 3/47 f.226r)

Pronounce

- "Which day the said Budd accused the continuance of the said Watson in not giveinge in his answer according to the monition of this Court and prayed him to bee pronounced contumacious and in paine etcetera..." (HCA 3/47 f.24v)

Proof(e)s

- "the Judge havinge formerly heard the proofes made in this cause..." (HCA 3/47 f.73v)

- "Appeared the said Leonard Gleane and by vertue of his corporall oath to him administred by the Judge did depose that John Smith was his servant is as hee beleeveth a necessarie Witnesse to prove the contents of the libell given in the said cause on his behalfe and that as hee beleeveth hee is nowe in the East Indies and that with out his Testimony hee is not able to make a full proofe/." (HCA 3/47 f.99v)

Prosecute

- to prosecute a suite

- to prosecute an appeale (HCA 3/47 f.254r)

- "the suite promoted and prosecuted by the siad Robert Baldwin and Company against the said Daniel Bradley for their wages dues for theire service in the said shippe" (HCA 3/47 f.123v)

Prosecution

Protestation

-"under protestation etcetera alleadged that this cause was and is duly appealed And thereupon the Judges at the petition of the said Suckley did assigne the said Cheeke to prosecute the said appeale under the great seale of England upon Tuesday the third day of March next ante hoc etcetera./." (HCA 3/47 f.254r)

Protesting

- "Then the said Smith protested of not demandinge the Coppies" (HCA 3/47 f.177v)

Prove

- "alleadginge that one Cutbert Eager is a necessary witnes for the proofe of the matter by him in this cause alleadged..." (HCA 3/47 f.26r)

- "Mr Cheeke is to prove his libell this day" (HCA 3/47 f.122v)

Proxy

- to exhibit his proxy

Publish

- "the Judge at Smiths petition did publish his deposition and the depositions of the rest of the witnesses in this cause examined on his behalfe the said Clements dissentinge etcetera" (HCA 3/47 f.67v)

Publication

Putt in baile/bayle

- "the said ffrancklins Clyent hath not putt in bayle according to the said order and therefore ought not to bee heard" (HCA 3/47 f.256r)

Putt in execution

- put a sentence in execution (HCA 3/47 f.260v)

Q

R

Receave

- to receive an allegation

Recognizanse

- "upon the ffifteenth day of ffebruary 1655 the said Edward Chowne together with one Gray Chowne by Recognizanse became bound in this Court in the suretie of seventy pounds of lawfull money of England to his highnes the Lord Protector to stand and abide the judgement of this Court touching such things as should bee offered..." (HCA 3/47 f.240r)

Register

- "Thursday the sixteenth day of October 1656 before the right worshipfull John Godolphin Doctor of lawe and Charles George Cocke Esquire Judges of the high Court of Admiralty of England in the Common hall within the Doctors Commons London In the presence of Samuel howe Notary publicke and Deputy Register./." (HCA 3/47 f.100r)

Registry

- "he prayed the said three eight parts of the said shippe to bee decreed to bee sould for the payment of the said wages whereupon the Judge at the petitition of the said Suckley and with the consent of the said Thwaite did decree the said three eight parts of the said shippe tackle and ffurniture to bee exposed to sale by the Marshall of this Courte or his Deputy and sould to the utmost value and in regard the Court was then informed that the said shippe is under the arrest of this Court upon another Action The Judges did order the said money proceedings of the sale of the said three eight parts of the said shippe to bee brought into the Registry of this Court there to remaine untill this Courts shall give further order therein./." (HCA 3/47 f.69v)

- "Which day the said Suckley alleadged that the proces Judicas a quo in this behalfe brought into the Registry of this Court is defective Wherefore hee prayed a monition to bee decreed pro omissus etcetera Whereupon the Judge did decree the Register of the Judge aquo to bee monished to transmitt the omissa etcetera upon the ffirst Session of the next Tearme..." (HCA 3/47 f.69v)

Reject

- "Which day the said Cheeke desired the allegation by him in this cause given to bee admitted in the presence of Suckley dissentinge and alleadginge that the same ought not by lawe to bee admitted and prayinge the same to bee rejected and this cause to bee assigned to sentence the said Cheeke dissentinge and desiringe as aforesaid Whereupon the Judges did admitt the first and second articles of the said allegation soe farre as the same are by lawe admissible Which said allegation being soe admitted and repeated and the said Suckley not beéeevinge the same to bee true The Judges assigned the said Budd to prove the said articles within three wekkes ita quod etcetera and rejected the rest of the said allegation./" (HCA 3/47 f.100v)

Release

- to release from arrest by a decision of the Court following evidence of sufficeint and good baile being offered and receaved by the Court

Remitt

- to remitt back to the original Judge

Repeated

- to admit and repeat an allegation

Rescind

- "Which day the Court with the consent of the said Smith did rescind the conclusion of this Cause and at the petition of the said Smith did assigne the said Suckley to plead what he hathe to plea^d in this Cause within tenn daies" (HCA 3/47 f.225v)

Retarded

- "finding noe cause at all why the said Execution should any longer bee retarded doeing right and Justice herein did award Execution of the said Judgement and Decree of Bottomry And that the said shipp Tackle and ffurniture should in Execution of the said Judgement and decree bee sould to the best and utmost value by the Marshall of this Court for the payment of the said nine hundred fifty twoe pounds seaventeene shillings and ffower pence sterling together with costs off suite to bee payd unto the said John Buck and Charles Marescoe accordinge to the said Decree And the said surplusage (if any bee) to bee brought in by the aid marshall into this Court to bee XXXXed over unto his said highnes the Duke of Cureland owner of the said shippe the said Cheeke and saving the reverence due to the Judges appealing to the high Court of Chancery and to his highnesse the Lord Protector in the said Court etcetera./." (HCA 3/47 f.261v)

Return

- to return a Commission on a specified day (HCA 3/47 f.123r)

- to return a warrant to the Court

Returnable

- "at the further petition of the said Clements did renew the said monition against the rest of the parties therein mentioned to the effect as formerly returnable upon wednesday the tenth day of September next in the morninge of the same betweene the houres of nine and twelve./." (HCA 3/47 f.71v)

Royal Exchange

- "Wherefore hee prayed a monition to bee decreed to all the said Ottey and all others whoe pretend any right title or interest in the said shippe whereof hee was master by affixing the same upon the Royall Exchange London to appeare upon ffriday the tenth day of the instant month of October betweene the houres of twoe and five in the afternoone in the Common hall etcetera to see an allegation given in on the behalfe of the said Lee and witnesses thereupon produced and sworne and their depositions published touchinge the premisses with intimation etcetera which the Judge did decree accordingly./." (HCA 3/47 f.92v)

S

Save harmles

- to save harmless

Schedule

- "gave in a libell with a schedule" (HCA 3/47 f.253r)

Securyte

- "Which day Mr Suckley appeared for the said Goslinge and made himselfe partie for him and produced for sureties Charles Aster of Redriffe in the County of Surrey Gardiner and John Baldwin of the same place Pully maker whoe submittinge themselves etcertera obliged themselves etcertera for the said Edward Goslinge in the summe of Twoe thousand pounds of lawfull money of England to the said Richard Batson humphrey Beane and Gowen Goldgay to answeare the action by them commenced against the said Goslinge and to pay what the said Goslinge shalbee condemned in with expences of suite in case hee shalbee overthreowne and to bringe forth the said Goslinge in Judgement whensoever his presence shalbee thereunto lawfully required And unles etcertera Which Caution the Judges receaved and did decree the said Goslinge to bee released from the arrest in case nothinge bee objected against the said securyty by too morrowe noone./." (HCA 3/47 f.100v)

Sennight (CHECK SPELLING AND VARIANTS)

- in seven days ("seaven nights")

Sentence

- to assigne a cause to sentence on a stated Court day

- to heare sentence

Servinge

- "The said Smith exhibited the Commission for examination of witnesses in this cause and alleadged that hee hath receaved Information from the Notary publicke whoe ?spedd the said Commission that hee hath examined the said witnesses upon Interrogatorries aministred on the parte and behalfe of the said Lee and that hee refuseth to pay him the same Wherefore hee prayed that the Court would decree the said Commission to bee opened and tax the said examinations upon the said Interrogatories in the presence of the said Suckley dissenting etcetera Whereupon the Judges did decree apperture of the said Commission and having viewed the said Interrogatoryes and Examinations taken thereupon did tax the summe of Twenty shillings bedisdes the said Lee to bee monished to pay the same within Tenn dayes after monition or otherwise to bee attached./." (HCA 3/47 f.255r)

Session

- Each Court terme was divided into sessions

Shew

- to shew cause (HCA 3/47 f.93v)

- "Appeared the said Clements for William Slappe and made himselfe party for him and alleadged that the said third parte of the said shippe the ffrancis did at the time of the arrest in this behalfe made and still doth belonge unto him and produced shewed a bill of sale signed sealed and delivered to him by the said Christofer ffriery for the same and produced for sureties William Butcher of the parish of Saint Mary Magdalens Bermondsey mariner and George Nutkins of the same parish Distiller" (HCA 3/47 f.74v)

State

- to continue a certificate in the same state until a certan day (HCA 3/47 f.94r)

Stipulation

- "alleadged that this cause is finally transacted and agreed betweene the said Leonard Gleane and the rest of the parties aforenamed ...Clements...making himselfe party for him and confessing and beleeving the same to be true Then Colequite prayed the stipulation entred into this Ciurt on the behalfe of the said Henry Morris Robert Cooper John Stone John Dyer Edward hatfeild John Weaver Tobias Colt Stephen Brai John Cooper Warren Swyminer Adrian Browne and Qilliam Jackson soe farre as ut concernes them to bee cancelled, and pronounced null and void to all effect of lawe at whose petition the Judges with the consent of the proctors on both sides decreed the stipulation eentred on Gleans behalf and of the said ..... to be cancelled and released so farre as it concernes them only and not to extend to any other persons mentioned in the said stipulazion" (HCA 3/47 f.193v)

Submitt

- to submit oneself to the jurisdiction of the Court

Subscribe

- to sign a document

Succease

- to succease a suite at the Common lawe in favour of a suite at the Court of Admiralty (See HCA 3/47 f.226r)

Sue

Sufficiency

- sufficiency of a security (as verified by the Deputy Marshall of the Court and receaved by the Judge without objection from the opposing Protcor(s) (HCA 3/47 f.227v)

Summarily

- to hear a cause summarily due to special circumstances

- to be summarily heard (HCA 3/47 f.247v)

Summary hearing

- "And alsoe to stand to and abide a summary hearing in this Cause whensoever this Court shall order" (HCA 3/47 f.192r)

- "the casue doth now stand ready for a sumamry hearinge" (HCA 3/47 f.323v)

Supplementory oath

- "To heare the order of the Court upon the admission of Suckleys allegation and in case the same bee not admitted to heare sentence at ffrancklins pettition saving the supplementory oath of his Clyent" (HCA 3/47 f.250r)

Sureties

- to give a libell with sureties

- to produce for sureties

- "did decree the sureties of the said Bradley to be monished to pay the wages aforesaid within Tenn daies after monition or otherwise to bee attahced./." (HCA 3/47 f.254r)

Ex Superabundanti

- "Then the said Suckley ex superabundanti desired a monition against the said Drinkewater to appeare the third day after if etcetera to give in his answeare upon his oath and the Judges decreed the same the said Clements dissentinge./" (HCA 3/47 f.24r)

- For a further example of this phrase see HCA 3/47 f.253v

T

Taxation

- "assigned to heare theire order upon the taxation of the charges the next Court day" (HCA 3/47 f.24v)

Tearme/Terme

- Michaelmas, Trinity and Easter tearme/termes

- "upon the ffirst Court of Michaelmas tearme next beinge the three and twentieth day of this instant month of October" (HCA 3/47 f.100r)

Terme probatorye (terme probabtories)

- "the said Smith alleadged that all Suckleys Termes probatoryes are longe since lapsed Wherefore hee desired this cause to bee assigned to Sentence"" (HCA 3/47 f.254v)

Testimony

- "Wherefore the said Budd desired that in regard some of his witnesses were Seamen and ready to goe to Sea that hee may not loose the benefitt of their Testimony that the said Clements might bee monished to appeare in Court this afternoone" (HCA 3/47 f.226r)

Title

- "A business of examination of witnesses on the behalfe of William Lee Master and sole proprietor of the shipp called the Samuel against [BLANK IN MANUSCRIPT] Ottey of Boston marriner Master of a certaine shipp lost in Robin hoods bay neare Scarburrough and all others that pretend any right title or interest therein" (HCA 3/47 f.95r)

Transacted

- "alleadged that this cause is finally transacted and agreed betweene the said Leonard Gleane and the rest of the parties aforenamed ...Clements...making himselfe party for him and confessing and beleeving the same to be true Then Colequite prayed the stipulation entred into this Ciurt on the behalfe of the said Henry Morris Robert Cooper John Stone John Dyer Edward hatfeild John Weaver Tobias Colt Stephen Brai John Cooper Warren Swyminer Adrian Browne and Qilliam Jackson soe farre as ut concernes them to bee cancelled, and pronounced null and void to all effect of lawe at whose petition the Judges with the consent of the proctors on both sides decreed the stipulation eentred on Gleans behalf and of the said ..... to be cancelled and released so farre as it concernes them only and not to extend to any other persons mentioned in the said stipulazion" (HCA 3/47 f.193v)

Transmitted

- SEE: HCA 3/47 f.210v

Truth

- to speak(e) the truth under a corporall oath administred by a Judge of the High Court of Admiralty

U/V

Undergoe

- "Appeared the said Budd and alleadged that one Tompson was sworne as a witnes in this cause on the behalfe of the said Watts and monished to undergoe this examination which hee hath neglected to doe and is fallen downe to Gravesend upon a voyage to Sea Whereupon the Judge at the petition of the said Budd did decree an attachment against the said Tompson to appeare and undergoe his Examination./" (HCA 3/47 f.228r)

Undertake

Void

- "this default shalbee void in case ffrancklins Clyent shall give in baile before that time./." (HCA 3/47 f.256r)

- "Provided that this Act and the production of the said witnesses bee void in case master Smith shall not appeare and allowe of the same./." (HCA 3/47 f.93r)

W

Warrant

- to be arrested under the warrant of the Court

- "alleadged that there did issue out of this Court under the great seale thereof a ?Univerrss warrant to arrest the said three sixteene parts of teh said shippe the Roger and Edmund belonginge to the said John Corben and to arrest the said John Corben to answeare to the said Richard Jennings in a cause civill and marine and that by vertue of the said warrant one John hall hath arrested the said parts of the said shipp and alsoe the bodie of the said John Corben but hath not made any return of the originall warrant in his hands" (HCA 3/47 f.253r)

- "the said ffrancklin alleadged that it appeareth by the confession of one Mr Davenport Sherriff of the Citty of Coventry made in the Acts of this Court that hee by vertue of a warrant under the great Seale of this Court did arrest the said Walters upon an ?action of 6000 :li at the suite of the said Skinner Wherefore the said ffrancklin prayed that the Court would decree the said Davenport to bee monished to make a returne of the said warrant to this Court Whereupon the Judges at ffrancklins petition did decree the said Davenport to bee monished to make a returne of the said warrant to this Court upon wednesday next in the morninge and continued the warrant and bond in the same state that nowe they are untill the same time./." (HCA 3/47 f.255r)

Which day

Withdraw

- "the said Watson dissenting and alleadging that the said Warner doth sue him at Common lawe for the same thing for which hee is sued in this Court wherefore hee prayed that his answer may bee suspended untill the sayd Warner shall have withdrawne his action at Common Lawe the said Warner dissenting..." (HCA 3/47 f.24v)

Witness

- necessary witnesses (HCA 3/47 f.116v)

- "his Client hath necessary witnesses in the parts beyond the Seas for the proofe of the matter by him in this cause alleadged for whose examination hee prayed a Commission" (HCA 3/47 f.125v)

X/Y/Z

To do

Admiralty Court Act Book

Which record series and volumes for 1650s?

Admiralty Assignation Book

Which record series and volumes for 1650s?

Terminology

Judges acting as surrogates for others?
Decrees issued by Court?
Warrants issued by Court?
Use of affidavits and admission of petions?
Monitions of the Court?

TNA guidance

Appeals in instance cases, together with those from ecclesiastical and other civilian courts, went to the Court of Delegates until 1834.^[23]

The documents can be found in:

Appeals Location
DEL 1 Processes (partially searchable in our catalogue)
DEL 2 Cause and miscellaneous papers (partially searchable in our catalogue)
DEL 3 Personal answers and depositions
DEL 4 Act books and files of original acts
DEL 5 Sentences
DEL 6 Assignation books
DEL 7 Bound volumes of printed appeal cases
DEL 8 Miscellanea (partially searchable in our catalogue)
DEL 9 Muniment books
DEL 10 Testamentary exhibits (partially searchable in our catalogue)
DEL 11 Miscellaneous lists and indexes (indexes to the other DEL series)

Secondary sources

J.C. Sainty, 'Admiralty court', Office-Holders in Modern Britain: Volume 4: Admiralty Officials 1660-1870 (1975), pp. 95-99^[24]

[1] Electronic link to a digital source

[2] 'Nieupport, the Dutch ambassador in England, to gressier Ruysch. Westminster, 10 Nov. 1656.

[3] Samuel Pepys, Wednesday 11 March 1667/68, viewed 04/12/12

[4] HCA 13/71 f.460v

[5] HCA 13/71 f.477v

[6] HCA 13/71 f.477v

[7] HCA 13/71 f.590r

[8] HCA 13/71 f.223v

[9] HCA 13/71 f.223r

[10] HCA 13/71 f.297v

[11] HCA 13/71 f.103v

[12] HCA 13/71 f.46v

[13] HCA 13/71 f.476r

[14] HCA 13/71 f.136r

[15] HCA 13/71 f.105v

[16] HCA 13/71 f.223v

[17] HCA 13/71 f.26v

[18] HCA 13/71 f.359v

[19] HCA 13/71 f.380re

[20] ttp://en.wikipedia.org/wiki/Proctor, viewed 08/12/12

[21] HCA 13/71 f.450r

[22] HCA 13/71 f.556r

[23] ttp://www.nationalarchives.gov.uk/records/research-guides/high-court-admiralty.htm#19374

[24] J.C. Sainty, 'Admiralty court', Office-Holders in Modern Britain: Volume 4: Admiralty Officials 1660-1870 (1975), pp. 95-99

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

[10]

[11]

[12]

[13]

[14]

[15]

[16]

[17]

[18]

[19]

[20]

[21]

[22]

[23]

[24]

High Court of Admiralty process

Contents

Suggested links

Role of High Court of Admiralty Judges

Profiles of judges

Dr Francis Clarke/Clerke

Colonel George Cocke

Dr Foorthe, Judge Surrogate

Dr John Godolphin

Dr Richard Zouch

Processes revealed in litigation

Writing an allegation or libell

Compulsion to attend court

Swearing of oaths

Warnings of risk of perjury

Reliability of evidence under oath

Neither benefit nor profit

Payment of witnesses for loss of wages and for expenses

Recording verbal testimony

Direction of the witnesses by the proctors

Repetition in Court

Delivery of a verdict

Entry in Act Book of the Court

Use of Trinity House surveyors

Power of arrest of a ship

Jurisdiction of the Court

Primary sources

Secondary sources

Proctors of the High Court of Admiralty

Clements

Others

Deputy Marshal of the High Court of Admiralty

Registry of the High Court of Admiralty

Terminology

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U/V

W

X/Y/Z

To do

TNA guidance

Secondary sources

Navigation menu

Search