Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/320

 306 //. FROM THE llOO'S TO THE 1800'S him to hold an independent court and administer complete justice in piracy and other maritime cases." ^ We have seen that the older methods of administering justice in such cases had been found to be very unsatisfactory. In 1353 a case was heard before the Admiral and the Council.^ In 1357 there is the earliest distinct reference to a court of Admi- ralty.^ In 1360 John Pavely is appointed " capitaneus et ductor " of the fleet, with powers, not only disciplinary, but also judicial.* In 1361 the commission to Sir Robert Herle confers upon him similar powers, and gives him power to exercise them by a deputy.^ This power was probably inserted in order to provide a judge for the new court. There were at first several Admirals and several courts. From the early 15th century there is one Lord High Admiral, and one court of Admiralty. In 1482 we have an actual patent of the judge of the court. ^ The earliest parts of the Black Books of the Admiralty, which refer to the office and the court of the Admiral, prob- ably date from the period between 1332 and 1357.'^ It is clear that the jurisdiction of the court is as yet new. There is an article expressly directed against the withdrawal of cases from the court.^ In 1361 a commission of oyer and terminer was recalled on the ground that the matter fell within the jurisdiction of the Admiral's court. ^ In 1364 a writ of supersedeas issued to the judges on the ground that the Admiral had already tried the case.^** In 1375 the in- • Select Pleas of the Admiralty i xxxv, xxxvi. • Ibid xl. • Ibid xli, xlii. The King of Portugal had made a claim on behalf of a Portuguese subject in respect of goods taken by an Englishman from a French vessel. Edward III. says that the Admiral had adjudged them to belong to the English captor. • " Querelas omnium et singulorum armatae praedictae audiendi et de- linquentes incarcerandi, castigandi, et puniendi, et plenam justitiam, ac omnia alia et singula quae ad hujusmodi capitaneum et ductorem pertinent, et pro bono regimine hominum praedictorum necessaria fuerint faciendi, prout de jure et secundum legem maritimam fuerit faciendum" (ibid xlii). 'Ibid xlii, xliii. • Select Pleas of the Admiralty i Iv. It empowers him, " ad cogno- scendum procedendum et statuendum de et super querelis causis et nego- tiis omnium et singulorum de hiis quae ad curiam principalem Admiral- litatis nostrae pertinent." ' Parts A, B, and C. See Black Book 1 xxviii, xxix. • Ibid i 69. • Select Pleas of the Admiralty i xlv. »• Ibid.