Difference between revisions of "High Court of Admiralty process"

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- "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)
  
 
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Revision as of 07:24, April 1, 2013

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.



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




Suggested links


PhD Forum
PhD Forum Themes

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 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 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.[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



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


Administer

- to administer an oath

Admit

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)

Answer

- "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)

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)

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)

Article

Assignation

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)

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)

Certificate

- to continue a certificate until the next court day

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)

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)

Client/Clyent

- Client of a proctor

Commission

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

- "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)

Confession

- to confess the truth of

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)

Continuance


Contumacie/Contumacy

Contumacious

Corporall oath

Counsell

Court day

Decree

Default

- first, second, third and fourth defaults

Dissenting(e)

Endorse

Examine

Examinate

Examination

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 notX appearinge the Judges att Sucklies petition accusing his contumacie pronounced him contumacious and in paine etcetera" (HCA 3/47 f.24v)


Interrogatories/Interrogatoryes


Justice

Libell

- exhibit a libell in writinge

Make himselfe party

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)

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)

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)

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)

Paine/Payne

- "in paine"

Partie/Party principall

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)

Pray

- to pray to be admitted

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

Primuni decretum

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 +)

Proctor

Produce

- to produce a witness

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)

Protesting

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)

Proxy

- to exhibit his proxy

Receave

- to receive an allegation

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)

Sentence

Subscribe

- to sign a document

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)

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 XXXX tearme/termes

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



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. ↑ http://en.wikipedia.org/wiki/Proctor, viewed 08/12/12
  21. ↑ HCA 13/71 f.450r
  22. ↑ HCA 13/71 f.556r
  23. ↑ http://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

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