Difference between revisions of "High Court of Admiralty process"
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===Writing an allegation or libell=== | ===Writing an allegation or libell=== | ||
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| + | ===Compulsion to attend court=== | ||
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| + | ---- | ||
| + | ===Swearing of oaths=== | ||
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| + | 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. | ||
| + | |||
| + | An example of the normal language (and process) is: | ||
| + | |||
| + | "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''<ref>[http://marinelives-transcript.org/scripto/scripto/?scripto_action=transcribe&scripto_doc_id=687&scripto_doc_page_id=616 HCA 13/71 f.223v]</ref> | ||
| + | |||
| + | An example of different language, suggesting an alternative process, or processes, is XXXX | ||
| + | |||
| + | ---- | ||
| + | ===Warnings of risk of perjury=== | ||
| + | |||
| + | Occasionally, depositions make reference to a witness being warned of the risks of perjury. | ||
| + | |||
| + | For example, XXXXX | ||
---- | ---- | ||
===Recording verbal testimony=== | ===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, has 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''<ref>[http://marinelives-transcript.org/scripto/scripto/?scripto_action=transcribe&scripto_doc_id=687&scripto_doc_page_id=616 HCA 13/71 f.223v]</ref> | ||
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===Delivery of a verdict=== | ===Delivery of a verdict=== | ||
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| + | ---- | ||
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Revision as of 05:06, December 9, 2012
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
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- FOOTNOTE TEMPLATE:
- HCA 13/71 f.XXXX Case: XXXX; Deposition: XXXX; Date: XXXX. Transcribed by XXXX[1]
Contents
Suggested links
Commercial Law
Merchant accounts
The Exchange in the City of London
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 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
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.
An example of the normal language (and process) is:
"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[4]
An example of different language, suggesting an alternative process, or processes, is XXXX
Warnings of risk of perjury
Occasionally, depositions make reference to a witness being warned of the risks of perjury.
For example, XXXXX
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, has 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[5]
Delivery of a verdict
Jurisdiction of the Court
Primary sources
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."[6]
Dr Cheeke
Dr Smyth
Dr Suckley
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[7]
Registry of the High Court of Admiralty
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.[8]
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
- ↑ Electronic link to a digital source
- ↑ 'Nieupport, the Dutch ambassador in England, to gressier Ruysch. Westminster, 10 Nov. 1656.
- ↑ Samuel Pepys, Wednesday 11 March 1667/68, viewed 04/12/12
- ↑ HCA 13/71 f.223v
- ↑ HCA 13/71 f.223v
- ↑ http://en.wikipedia.org/wiki/Proctor, viewed 08/12/12
- ↑ HCA 13/71 f.450r
- ↑ http://www.nationalarchives.gov.uk/records/research-guides/high-court-admiralty.htm#19374
- ↑ J.C. Sainty, 'Admiralty court', Office-Holders in Modern Britain: Volume 4: Admiralty Officials 1660-1870 (1975), pp. 95-99
