Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/308

 294 //. FROM THE llOO'S TO THE 1800'S Up to the reign of Edward III. the Law Merchant in both its branches is administered by local courts. Maritime Courts. The courts which have jurisdiction in maritime matters are for the most part the courts of seaport towns. The admiral is not an official who holds a court with a fixed jurisdiction. He is an official who rules a fleet, having incidentally certain disciplinary powers over those under his command. These powers " probably enabled the admiral to deal with depredations committed by the ships immedi- ately under his command; but it does not appear to have included a power to hold a court administering justice gen- erally in maritime cases." ^ In the earlier part of the Middle Ages we meet with many seaport towns which had, in the language of later law, an Admiralty jurisdiction. The Domesday of Ipswich tells us that, " the pleas yoven to the lawe maryne, that is to wite, for straunge marynerys passaunt and for hem that abydene not but her tyde, shuldene ben pleted from tyde to tyde." ^ Padstow and Lostwithiel possessed similar courts which sat at tide time on the seashore. Yarmouth possessed a court of like nature.^ The court at Newcastle dates from Henry I.'s reign.^ It would appear from the Red Book of Bristol that a court sitting at a seaport was one of the recognised tribunals of the Law Merchant.^ The Book itself contains rules upon maritime matters.® When the court of Admiralty was established many towns, jealous probably of 4heir an- cient rights, got by royal charter exemption from its juris- diction.'^ Though their privileges were recognised by the military action not for civil jurisdiction," Spelman (Works, Ed. 1727), Admiralty Jurisdiction, 221. The sheriff also had some authority by royal writ at this period. Cp. Selden, Mare Clausum, ii c. 14. ' Black Book of the Admiralty ii 23. oriatur. finiatur ante tertiam refluxionem maris." •L. Q. R. xvii 246. It is said that the lex mercatoria attaches to markets, and markets are held in five places " in civitatibus, nundinis, portubus super mare, villis mercatoriis, et burgis." • Ibid 249. » Select Pleas of the Admiralty (S. S.) i xiv. 15 Rich. II. c. 3 recites that the jurisdiction of the Admiral prejudices "many Lords, Cities and Boroughs through the realm."
 * Select Pleas of the Admiralty (S. S.) i xli. It was a court "for
 * Select Pleas of the Admiralty i xiii, xiv.
 * Stubbs, Sel. Ch. 112. "Inter burgensem et mercatorem si placitum