In English Law. The court of the admiral.
This court was erected by Edward III. At least so it is affirmed by Blackstone, 3 Com. 69 ; but Judge Story cited Selden as having collected much evidence to carry back the origin of the jurisdic tion more than two centuries before that, to the time of Henry I.; De Lovio v. Boit, 2 Gall. 398, Fed. Cas. No. 3,776; and Coke, the bitterest enemy of the Ad miralty, refers to the jurisdiction as "so ancient that its commencement cannot be known" ; 12 Rep. 80, The question, however, is merely academic, ex cept as the jurisdiction of the Continental Courts at the period of its origin may aid in determining the extent and limitations of the early English Court. Authorities are collected in 66 L. R. A. 193, note, to show that Blackstone was mistaken.
It is said in Halsbury's Laws of England, § 86, that prior to the Judicature Act at 1873 the seal of the Judicial Committee of the Privy Council, affixed to orders in Admiralty appeals, bears upon its face the words "Ab Edgare vind4co, thus pic turesquely suggesting a very ancient origin of ju rlsdiatian," but whether its origin was in Saxon times or those of Henry I., the jurisdiction of this court in the reign of Edw. III. was undisputed. It was held by the Lord High Admiral, and was called the High Court of Admiralty, or before his deputy, the Judge of the Admiralty, by which lat ter officer it has for a time been exclusively held. It sat as two courts, with separate commissions, known as the Instance Court and the Prize Court, the former of which was commonly intended by the term admiralty. At its origin the jurisdiction of this court was very extensive, embracing all mari time matters. By the statutes 13 Rich. II. c. 5, and 15 Rich. II. c. 3, especially as explained by the common law courts, its jurisdiction was much re stricted; and this restriction was further provided for by the statute of 2 lien. IV. c. 11, prescribing penalties for wrongfully suing in admiralty. A vio lent and long-continued contest between the ad miralty and common law courts resulted in the es tablishment of the restriction which continued with out interruption, except that abortive efforts were made to compromise the differences between the two jurisdictions, in 1575 and 1632, until the statutes 3 & 4 Vict. c. 65, and 9 & 10 Vict. c. 99, and 24 &
25 Vict. c. 10, materially enlarged its powers. See 2 Pars. Mar. Law 479; 1 Kent Lect. XVII ; Smith, Adm. 1; De Lovio v. Boit, 2 Gall. 398, Fed. Cas. No. 3,776; Ramsey v. Allegro, 12 Wheat. (U. S.) 611, 6 L. Ed. 746 ; Bains v. The James, 1 Baldw. 544, Fed. Cas. No. 756 ; Davies 93. This court was abolished by the Judicature Act of 1873, and its functions transferred to the High Court of Justice (Probate, Divorce, and Admiralty Division), with appeal to the Court of Appeal and thence to the House of Lords ; Halsbury, Laws of Eng. § 93. As to the effect of the early English restriction statutes, see Judge Story's opinion in De Lovio v. Boit, 2 Gall. 398, Fed. Cas. No. 3,776, and also the L. R. A. note cited supra, which contains a review of English and American Admiralty jurisdiction.
For a historical review of the English Admiralty jurisdiction and how it was administered from time to time and the legislation on the subject, see the introduction to Williams & Bruce, Adm. Jur. & Prac. 3d Ed.
The civil jurisdiction of the court extends to torts committed on the high seas, includ ing personal batteries and false representa of ships: Abbott, Shipp. 230; [1893] A. C. 468; Lush.
539; restitution of pqssession from a ant withholding unlawfully; 2 B. & C. 244; 1 Hagg. 81, 240, 342; 2 Dods. Adm. 38; 3 C. Rob. Adm. 93, 133, 213 ; 4 id. 275, 287; 5 id. 155 ; to dispossess masters ; 4 C. Rob. 287; but not when title is to be decided as between conflicting claims or ownership, in which case the jurisdiction is in the Common Law Courts ; 2 Dods. 289 ; cases of piratical and illegal taking at sea and contracts of a maritime nature, including suits between part owners; 1 Hagg. 306; 3 id. 299; 1 La. Raym. 223; 2 id. 1235; 2 B. & C. 248; for mariners' and officers' wages; 2 Ventr. 181 ; 3 Mod. 379 ; 1 Ld. Raym. 632_; 2 id. 1206 ; 2 Str. 858, 937; 1 id. 707 ; Swab. 86 ; 2 Dods. 11; master's disbursements for which there is a lien; [1904] P. 422; seaman's suit for wrongful dismissal; L. R. 1 A. & B.. 384 ; pilotage ; [1898] P. 36 ; 2 Hagg. Adm. Abbott. Shipp. 198, 200; towage:, 3 W. Rib. 138 ; 5 P. D. 227 ; bottomry and respondentia bonds ; 6 Jur. 241; 3 Hagg. Adm. 66; 3 Term 267; 2 Ld. Raym. 982 ; Rep. temp.