Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/319

 9. HOLDSWORTH: THE LAW MERCHANT 305 We have seen that in the earlier part of the 14th century the Admiral did not possess any jurisdiction except a disci- plinary jurisdiction over the fleet under his command.^ He does get such jurisdiction about the middle of the 14th cen- tury, owing to the diplomatic difficulties in which the king found himself involved, from the want of some efficient authority to coerce the marauding and piratical propensities of his subjects. It appears from the documents contained in the record known as the " Fasciculus de Superioritate Maris " that the kings of England had been constantly negotiating with for- eign countries — more especially with France and Flanders — as to claims in respect of piracies committed by English subjects.^ From 1293 to 1337 attempts had been made at arbitration. In 1337 Edward had made payments out of his own pocket to the Flemings, the Genoese, and the Venetians. The claims of the French were put an end to by war. In 1339 a commission was sitting to consider the piracy claims made by Flanders. It may be that the resolution to erect a court of Admiralty was the result of recommendations made by that commission. At any rate the battle of Sluys (1340) gave to England that command of the sea, which had been already claimed in the 13th century, and so rendered the erection of such a court the more possible. " It is not unrea- sonable to suppose that after the battle of Sluys Edward III., acting upon the advice of the commissioners of 1339, extended the jurisdiction of the Admiral, which had up to that date been mainly disciplinary and administrative, so as to enable » Above 304; Lambard, Archeion (Ed. 1635) 49, 50. The court of Admiralty for some time exercised a jurisdiction over the navy, and merchant ships in time of war. The last remnant of it was suits against merchantmen for carrying naval flags. Encyclopaedia Britannica (10th Ed.) Tit. Admiralty. Pleas of the Admiralty i xxx-xxxiv. It contains (1) the case of certain English merchants in respect of depredations committed between 1297 and 1304. It claims for England the sovereignty of the sea of England. It is printed by Coke, 4th Instit. 142-144. (2) The appointment of commissioners to advise as to French Piracy claims; partially printed by Coke, 4th Instit. 144. (3) A treaty made by Ed. I. with Count Guy of Flanders 1297. (4) A document addressed to commissioners ap- pointed to deal with piracy claims by Flanders; partly printed by Coke, 4th Inst. 144.
 * The documents contained in the Fasciculus are described in Select