The History of the Common Law of England [11]
to the Sentence. But besides this Coertion, the Sentences of the Ecclesiastical Courts touching some Matters do introduce a real Effect, without any other Execution; as a Divorce, a Vinculo Matrimonii for the Causes of Consanguinity, Precontract, or Frigidity, do induce a legal Dissolution of the Marriage; so a Sentence of Deprivation from an Ecclesiastical Benefice, does by Virtue of the very Sentence, without any other Coertion or Execution, introduce a full Determination of the Interest of the Person deprived. And thus much concerning the Ecclesiastical Courts, and the Use of the Canon and Civil Law in them, as they are the Rule and Direction of Proceedings therein. Secondly, The second special Jurisdiction wherein the Civil Law is allow'd, at least as a Director or Rule in some Cases, is the Admiral Court or Jurisdiction. This jurisdiction is derived also from the Crown of England, either immediately by Commission from the King, or mediately, which is several Ways, either by Commission from the Lord High Admiral, whose Power and Constitution is by the King, or by the Charters granted to particular Corporations bordering upon the Sea, and by Commission from them, or by Prescription, which nevertheless in Presumption of Law is derived at first from the Crown by Charter not now extant. The Admiral Jurisdiction is of Two Kinds, viz. Jurisdictio Voluntaria, which is no other but the Power of the Lord High Admiral, as the King's General at Sea over his Fleets; or Jurisdictio Contentiosa, which is that Power of Jurisdiction which the Judge of the Admiralty has in Foro Contentioso; and what I have to say is of this later Jurisdiction. The Jurisdiction of the Admiral Court, as to the Matter of it, is confined by the Laws of this Realm to Things done upon the High Sea only; as Depredations and Piracies upon the High Sea; Offences of Masters and Mariners upon the High Sea; Maritime Contracts made and to be executed upon the High Sea; Matters of Prize and Reprizal upon the High Sea. But touching Contracts or Things made within the Bodies of English Counties, or upon the Land beyond the Sea, tho' the Execution thereof be in some Measure upon the High Sea, as Charter Parties, or Contracts made even upon the High Sea, touching Things that are not in their own Nature Maritime, as a Bond or Contract for the Payment of Money, so also of Damages in Navigable Rivers, within the Bodies of Counties, Things done upon the Shore at Low-Water, Wreck of the Sea, &c. These Things belong not to the Admiral's Jurisdiction: And thus the Common Law, and the Statutes of I 3 Rich. 2. cap. 15. 15 Rich. 2. cap. 3. confine and limit their Jurisdiction to Matters Maritime, and such only as are done upon the High Sea. This Court is not bottom'd or founded upon the Authority of the Civil Law, but hath both its Power and Jurisdiction by the Law and Custom of the Realm, in such Matters as are proper for its Cognizance; and this appears by their Process, viz. The Arrest of the Persons of the Defendants, as well as by Attachment of their Goods; and likewise by those Customs and Laws Maritime, whereby many of their Proceedings are directed, and which are not in many Things conformable to the Rules of the Civil Law; such are those ancient Laws of Oleron, and other Customs introduced by the Practice of the Sea, and Stile of the Court. Also, The Civil Law is allowed to be the Rule of their Proceedings, only so far as the same is not contradicted by the Statute of this Kingdom, or by those Maritime Laws and Customs, which in some Points have obtain'd in Derogation of the Civil Law: But by the Statute 28 Hen. 8. cap. 15. all Treasons, Murders, Felonies, done on the High Sea, or in any Haven, River, Creek, Port or Place, where the Admirals have to pretend to have Jurisdiction, are to be determined by the King's Commission, as if the Offences were done at Land, according to the Course of the Common Law. And thus much shall serve touching the Court of Admiralty, and the Use of