Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/310

 296 //. FROM THE llOO'S TO THE 1800'S supervising the actions or the transgressions of foreigners. Such matters frequently gave rise to diplomatic questions in the shape of expensive claims for compensation. In fact we shall see that it was largely owing to the necessity the crown was under of protecting itself against such claims that the creation of the court of Admiralty was due. In this period the crown supervises the doings of the local courts in the following ways. Writs are sometimes sent to the mayors and bailiffs of the seaport towns directing them to proceed.^ If they did not obey the writ they were attached for contempt. Some- times special commissions are issued to the king's justices or others to try cases of spoil or piracy.^ It was very often impossible for a foreigner, who had been spoiled of his goods, to get justice from an English jury.^ Such persons often petitioned the Council. The petition in such cases was often referred to the Chancellor ; * but it was sometimes heard by the Council, and writs were issued according to the result of the trial.^ In 1353 we hear of such a case being tried by the Admiral and the Council.® This is, as we shall see, just before the first mention of the Admiral's court. by pirates in Orwell haven, the goods of which had been taken to Rye; neglect to send the pirates before the king as ordered; writ to the con- stable of Dover Castle to arrest the mayor and bailiffs (Select Pleas of the Admiralty (S. S.) i xx). 1323 writ to sheriff of Gloucester to arrest a ship with the help of the mayor of Bristol, and to try the case in the mayor of Bristol's court (ibid xxiv). 1328 writ to the sheriff of Southampton to arrest French goods (ibid xxvi). 1352 writ to the mayor of Southampton to arrest certain pirates and bring them before the Council (ibid xxxix). 1319 Pilk v. Venore, case removed from Bris- tol court into the Chancery; the Bristol court applied the law of Oleron (ibid ii xliii), inquire of spoils alleged to have been committed by Frenchmen upon Englishmen (Select Pleas of the Admiralty (S. S.) i xviii). 1338 com- mission to certain persons to inquire as to ships of the Count of Guel- dres which had been spoiled (ibid xxvii). 1339 commission to Stonore and two others to try a case of piracy committed by English upon Spanish, Portuguese, and Catalan merchants in Southampton water (ibid xxix). 'Ibid xxiii. by the men of Yarmouth. 1327 in a case of piracy of English upon Frenchmen. •Ibid xxxviii, a case of 1343; xxxix a case of 1352; 1347 the Council orders restitution of goods taken by pirates, and, in default, the arrest of those to whom the good had come. ' Ibid xl.
 * 1315 writ to mayor and bailiffs of Rye to inquire into a ship spoiled
 * 1308 Edward IT. issued a commission to certain " auditores " to
 * Ibid xxv. 1325 a petition by one whose ship had been robbed at sea