Admiralty
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1616 |
| Date | 01 January 1616 |
| Court | Court of the King's Bench |
English Reports Citation: 77 E.R. 1355
King's Bench Division
See Major. &c., of London v. Cox, 1867, L. R. 2 H. L. 283; Reg. V. Keyn, 1876, 2 Ex. D. 147; Combe v. De La Bere, 1882, 22 Ch. D. 326.
[77] admiralty. [See Mayor, &c,, of London v. Cox, 1867, L. R. 2 H. L. 283 ; Reg. v. Keyn, 1876, 2 Ex. D. 147; Combe v. De La Bere, 1882, 22 Ch. D. 325.] The Court will not grant a prohibition to the Admiralty Court after sentence, upon surmise that the matter was done infra corpus comitatus, unless it can be made to appear by good matter, that it was done upon thy land. It was resolved per totam Curium, that if one be sued in the Admiralty Court for right to some such writ: [viz. a writ to absolve him] but excommunication being in the nature of process to assist a demand against the party excommunicated, it is ònecessary to give the complainant in the Spiritual Court notice of the motion." Per Lord Chancellor Eklon, Homine's rune, 16 Ves. 347. l-'icl. Bac. Ab. Excomm. F. Vin. Ab. Exconuu. G-. Note (b), Trollop's , N Co. 69 a. (b) So a prohibition lies after sentence, if the libel be for a thing within their jurisdiction, and a temporal matter becomes incident, and they refuse such proof as the temporal Courts allow. Com. Dig. Frohib. D. Gould v. Gupper, 5 East. 345. Note (a) Robert's case, ante, p. 66. 1356 dr. trevor's case 12 co. rep. is. a thing alleged to be done upon the high sea, within the jurisdiction of the admiral, and the defendant plead to it, and confess the thing to be done, and after sentence is given, the Court will be advised to grant a prohibition, upon surmise that it was done infra cmpis comitatus, against their own confession, unless it can be made to appear to the Court [78] by any matter in writing, or other good matter, that this was done upon the land, for otherwise every one will stay until after sentence, and then for vexation only sue out a prohibition ; for although the admittance of the party cannot give a jurisdiction to the Court where it of right hath none, for that it will be an encroachment upon the common law; yet when the Court shall be advised that it is merely for vexation, and shall be intended for delay, if the prohibition shall not be sued forth, till after sentence; unless that he can shew good matter to the Court to ascertain the Court that this is not for vexation, it shall not be granted. And admonition was given to them which sue forth prohibitions, that they should not keep them by long time in their...
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...the Admiral when the tide was in ‘(per Sir Robert Phillimore in Keyn'sCase at p. 67). In The AdmiraltyENRENR, (1611) 12 Co. Rep. 79 at 80; 77 E.R. 1357, Lord Coke had described the sea as that ‘from whence no pais may come’, that is to say no panel from which a jury might be selected. Hence......
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People (Attorney General) v Thomas
... ... It is clear that the Central Criminal Court has all the jurisdiction formerly exercised by the Admiral and later exercised by the Commissioners of Oyer and Terminer appointed to exercise the Admiralty jurisdiction in criminal cases (11, 12, 13 Jac. 1, c. 2 (Ir.)). This was not contested. Mr. Bell contended that the jurisdiction was confined to the trial of persons committing offences on board an Irish ship on the high seas where such offences were committed and completed on the ship ... ...
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Reference Re Ownership of the Bed of the Strait of Georgia and Related Areas,
...Lord Coke relies on the same authorities in his discussion of Admiralty jurisdiction in the AdmiraltyCase (1611), 12 Co. Rep. 79 at p. 81, 77 E.R. 1357. Lord Hale, writing in the mid-17th century, describes common law jurisdiction over inland waters in the following passage from his treatis......
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Bibliography
...of Marine Insurances, Bottomry, Insurance of Lives, and of Insurance against Fire (A Strahan, London, 1808)An o n y m o u s “Admiralty” 77 Eng Rep 1357An o n y m o u s Points in Law and Equity (A Strahan and W Woodfall, London, 1792)An o n y m o u s “Il Consolato Del Mare. The Judicial Orde......