Difference between revisions of "High Court of Admiralty process"

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High Court of Admiralty process

Editorial history

01/12/12: CSG, created page

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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.

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

Suggested links

PhD Forum

Commercial Law
Merchants 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

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

The surgeon, XXXX, stated in Court that he had been compelled by James Cowse to give evidence in the case of XXXX

• "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: XXXX; Deposition: XXXX; Date: XXXX. Transcribed by David Pashley^[4]

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^[5]

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^[6]

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

ADD EXAMPLE

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.^[7]

Neither benefit nor profit

A standard first question in the Interrogatories requires a deponent to state what his relationship is (if any) to the producent, and to state why he is attending the Court, and whether he will 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^[8]

=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.^[9]

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^[10]

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, judge.

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^[11]

Delivery of a verdict

Entry in Act Book of the Court

ADD EXAMPLE

Use of Trinity House surveyors

The two boatswaines on Captain Tolty's ship, the XXXX, were concerned about being sued for alleged damage to goods on board the ship. When Tolty 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.^[12]

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)

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."^[13]

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^[14]

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^[15]

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.^[16]

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

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.223v
6. ↑ HCA 13/71 f.223r
7. ↑ HCA 13/71 f.103v
8. ↑ HCA 13/71 f.136r
9. ↑ HCA 13/71 f.105v
10. ↑ HCA 13/71 f.223v
11. ↑ HCA 13/71 f.26v
12. ↑ HCA 13/71 f.359v
13. ↑ http://en.wikipedia.org/wiki/Proctor, viewed 08/12/12
14. ↑ HCA 13/71 f.450r
15. ↑ HCA 13/71 f.556r
16. ↑ http://www.nationalarchives.gov.uk/records/research-guides/high-court-admiralty.htm#19374
17. ↑ J.C. Sainty, 'Admiralty court', Office-Holders in Modern Britain: Volume 4: Admiralty Officials 1660-1870 (1975), pp. 95-99