Admiralty court
Encyclopedia
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction
over all maritime
contract
s, tort
s, injuries and offences.
Today Admiralty jurisdiction is exercised by the High Court
of England
and Wales
. The admiralty law
s which are applied in this court is based upon the civil law
-based Law of the Sea, as well as statutory and common law additions.
Historically, there were a number of admiralty courts. From about 1360 the sea coast of England
and Wales
was divided into 19 districts, and for each there was a Vice Admiral of the Coast, representing the Lord High Admiral
. From 1360 to 1875 a Judge served as the "Lieutenant, Official Principal and Commissary General and Special of the High Court of Admiralty, and President and Judge of the High Court of Admiralty". In 1887 the High Court of Admiralty was absorbed into the new Probate, Divorce and Admiralty Division of the High Court. No judges are now appointed for the local courts, and the judicial functions of the Lord High Admiral have been passed to the Queen's Bench Division of the High Court, where they continue to be exercised by the Admiralty Judge and other Commercial Court judges authorised to sit in Admiralty cases.
The sole survivor of the ancient local Courts of Admiralty is the Court of Admiralty for the Cinque Ports
, which is presided over by the Judge Official and Commissary
of the Court of Admiralty of the Cinque Ports. This office is normally held by a High Court Judge
who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of the Cinque Ports extends from Shore Beacon, Essex
, to Redcliffe
, near Seaford
, Sussex
. It covers all the sea from Seaford to a point five miles off Cape Grisnez on the coast of France
, and the coast of Essex
(and Birchington, near Margate
, Kent
). The Court now sits only rarely, and the last full sitting was in 1914. Accordingly to general civilian
practice, the registrar can act as deputy to the judge, and the only active role of the judge now is to take part in the installation of a new Lord Warden of the Cinque Ports
. Appeal from the court's decisions lies to the Judicial Committee of the Privy Council
.
The jurisdiction of the High Court with respect to admiralty concern salvage
and other legal issues.
, in Edinburgh
, was abolished by the Court of Session Act 1830 and the Court of Session given Subject-matter jurisdiction
for admiralty causes.(see Lord High Admiral of Scotland
).
, Admiralty Courts became an issue that was a part of the rising tension between the British Parliament
and their American Colonies. Starting with the Proclamation of 1763, these courts were given jurisdiction over a number of laws affecting the colonies. The jurisdiction was expanded in later acts of the Parliament, such as the Stamp Act
of 1765.
The colonists' objections were based on several factors. The courts could try a case anywhere in the British Empire. Cases involving New York or Boston merchants were frequently heard in Nova Scotia and sometimes even in England. The fact that judges were paid based in part on the fines that they levied and naval officers were paid for bringing 'successful' cases led to abuses. There was no trial by jury, and evidence standards were weaker than in criminal courts. The government's objective was to improve the effectiveness of revenue and excise tax laws. In many past instances, smugglers would avoid taxes. Even when they were caught and brought to trial, local judges frequently acquitted the popular local merchants whom they perceived as being unfairly accused by an unpopular tax collector. Cases were decided by judges rather than juries.
, the federal district courts
have jurisdiction over all admiralty and maritime actions; see .
In recent years, a conspiracy argument
used by tax protesters
is that an American court displaying an American flag
with a gold fringe is in fact an "admiralty court" and thus has no jurisdiction
. Courts have repeatedly dismissed this as frivolous. [This reference is a criminal case with no reference to the IRS.]
less courts located in British
colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen. Judges were given 5% of confiscated cargo, if they found a smuggling defendant guilty. This gave judges financial incentive to find defendants guilty.
and the first judge as Robert Ross. The court was abolished in 1911 when the Supreme Court of New South Wales
was granted the admiralty jurisdiction of the court.
to try smugglers
and to enforce the Sugar Act
of 1764 throughout British North America
. From 1763–1765, when American smugglers were caught, they were tried by corrupt judge
s who received a percentage of the confiscated goods if the defendants were found guilty; therefore, defendants were more than likely to be found guilty.
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over all maritime
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s, injuries and offences.
Admiralty Courts in England and Wales
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
. The admiralty law
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
s which are applied in this court is based upon the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
-based Law of the Sea, as well as statutory and common law additions.
Historically, there were a number of admiralty courts. From about 1360 the sea coast of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
was divided into 19 districts, and for each there was a Vice Admiral of the Coast, representing the Lord High Admiral
Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...
. From 1360 to 1875 a Judge served as the "Lieutenant, Official Principal and Commissary General and Special of the High Court of Admiralty, and President and Judge of the High Court of Admiralty". In 1887 the High Court of Admiralty was absorbed into the new Probate, Divorce and Admiralty Division of the High Court. No judges are now appointed for the local courts, and the judicial functions of the Lord High Admiral have been passed to the Queen's Bench Division of the High Court, where they continue to be exercised by the Admiralty Judge and other Commercial Court judges authorised to sit in Admiralty cases.
The sole survivor of the ancient local Courts of Admiralty is the Court of Admiralty for the Cinque Ports
Cinque Ports
The Confederation of Cinque Ports is a historic series of coastal towns in Kent and Sussex. It was originally formed for military and trade purposes, but is now entirely ceremonial. It lies at the eastern end of the English Channel, where the crossing to the continent is narrowest...
, which is presided over by the Judge Official and Commissary
Commissary
A commissary is someone delegated by a superior to execute a duty or an office; in a formal, legal context, one who has received power from a legitimate superior authority to pass judgment in a certain cause or to take information concerning it.-Word history:...
of the Court of Admiralty of the Cinque Ports. This office is normally held by a High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of the Cinque Ports extends from Shore Beacon, Essex
Essex
Essex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...
, to Redcliffe
Redcliffe
Redcliffe City is a municipal location north-northeast of Brisbane, the state capital of Queensland, Australia. Also known as "the Redcliffe peninsula", the area covers the suburbs of Clontarf, Kippa-Ring, Margate, Newport, Redcliffe, Rothwell, Scarborough and Woody Point.Redcliffe is home...
, near Seaford
Seaford, East Sussex
Seaford is a coastal town in the county of East Sussex, on the south coast of England. Lying east of Newhaven and Brighton and west of Eastbourne, it is the largest town in Lewes district, with a population of about 23,000....
, Sussex
Sussex
Sussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...
. It covers all the sea from Seaford to a point five miles off Cape Grisnez on the coast of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, and the coast of Essex
Essex
Essex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...
(and Birchington, near Margate
Margate
-Demography:As of the 2001 UK census, Margate had a population of 40,386.The ethnicity of the town was 97.1% white, 1.0% mixed race, 0.5% black, 0.8% Asian, 0.6% Chinese or other ethnicity....
, Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
). The Court now sits only rarely, and the last full sitting was in 1914. Accordingly to general civilian
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
practice, the registrar can act as deputy to the judge, and the only active role of the judge now is to take part in the installation of a new Lord Warden of the Cinque Ports
Lord Warden of the Cinque Ports
The Lord Warden of the Cinque Ports is a ceremonial official in the United Kingdom. The post dates from at least the 12th century but may be older. The Lord Warden of the Cinque Ports was originally in charge of the Cinque Ports, a group of five port towns on the southeast coast of England...
. Appeal from the court's decisions lies to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Judge Official and Commissary of the Court of Admiralty of the Cinque Ports
- Lieutenant-Commander Gerald Darling, RD MAMaster of Arts (Oxbridge)In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
OxfordUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
DLDeputy LieutenantIn the United Kingdom, a Deputy Lieutenant is one of several deputies to the Lord Lieutenant of a lieutenancy area; an English ceremonial county, Welsh preserved county, Scottish lieutenancy area, or Northern Irish county borough or county....
QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
1979-1996 - HonThe HonourableThe prefix The Honourable or The Honorable is a style used before the names of certain classes of persons. It is considered an honorific styling.-International diplomacy:...
SirSirSir is an honorific used as a title , or as a courtesy title to address a man without using his given or family name in many English speaking cultures...
Henry BarnardHenry BarnardHenry Barnard was an American educationalist and reformer.-Biography:...
, Barrister-at-Law Gray's InnGray's InnThe Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
QCQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
c.1967-1979 - NLC Macaskie, QC c.1961
- RE Knocker, MBEOrder of the British EmpireThe Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
1936- - Rt Hon Sir Frederick Pollock, BtBaronetA baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...
Barrister-at-Law Lincoln's InnLincoln's InnThe Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
FBA QC PCPrivy Council of the United KingdomHer Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
1914-1936 - Rt Hon Sir Robert Phillimore, BtBaronetA baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...
BABachelor of ArtsA Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
DCLDoctor of Civil LawDoctor of Civil Law is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws degrees....
OxfordUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
AdvocateAdvocateAn advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
Doctors' CommonsDoctors' CommonsDoctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library...
Barrister-at-Law Middle TempleMiddle TempleThe Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
QC PC 1855-1875 - SirSirSir is an honorific used as a title , or as a courtesy title to address a man without using his given or family name in many English speaking cultures...
Joseph PhillimoreJoseph PhillimoreJoseph Phillimore was an English civil lawyer and politician, Regius Professor of Civil Law at Oxford from 1809.-Life:The eldest son of Joseph Phillimore, vicar of Orton-on-the-Hill, Leicestershire, by Mary, daughter of John Machin of Kensington, was born on 14 September 1775...
1809-1855 - French LaurenceFrench LaurenceFrench Laurence was an English jurist and man of letters, a close associate of Edmund Burke whose literary executor he became.-Life:...
, DCL 1791-1809
The jurisdiction of the High Court with respect to admiralty concern salvage
Marine salvage
Marine salvage is the process of rescuing a ship, its cargo, or other property from peril. Salvage encompasses rescue towing, refloating a sunken or grounded vessel, or patching or repairing a ship...
and other legal issues.
Admiralty Court of Scotland
The Admiralty Court of ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
, was abolished by the Court of Session Act 1830 and the Court of Session given Subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
for admiralty causes.(see Lord High Admiral of Scotland
Lord High Admiral of Scotland
The Lord High Admiral of Scotland was one of the Great Offices of State of the Kingdom of Scotland before the Union with England in 1707.The office was one of considerable power, also known as Royal Scottish Admiralty, including command of the King's ships and sailors and inspection of all sea...
).
Role in the American Revolution
During the period after the French and Indian WarFrench and Indian War
The French and Indian War is the common American name for the war between Great Britain and France in North America from 1754 to 1763. In 1756, the war erupted into the world-wide conflict known as the Seven Years' War and thus came to be regarded as the North American theater of that war...
, Admiralty Courts became an issue that was a part of the rising tension between the British Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
and their American Colonies. Starting with the Proclamation of 1763, these courts were given jurisdiction over a number of laws affecting the colonies. The jurisdiction was expanded in later acts of the Parliament, such as the Stamp Act
Stamp Act 1765
The Stamp Act 1765 was a direct tax imposed by the British Parliament specifically on the colonies of British America. The act required that many printed materials in the colonies be produced on stamped paper produced in London, carrying an embossed revenue stamp...
of 1765.
The colonists' objections were based on several factors. The courts could try a case anywhere in the British Empire. Cases involving New York or Boston merchants were frequently heard in Nova Scotia and sometimes even in England. The fact that judges were paid based in part on the fines that they levied and naval officers were paid for bringing 'successful' cases led to abuses. There was no trial by jury, and evidence standards were weaker than in criminal courts. The government's objective was to improve the effectiveness of revenue and excise tax laws. In many past instances, smugglers would avoid taxes. Even when they were caught and brought to trial, local judges frequently acquitted the popular local merchants whom they perceived as being unfairly accused by an unpopular tax collector. Cases were decided by judges rather than juries.
Maritime jurisdiction in the United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the federal district courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
have jurisdiction over all admiralty and maritime actions; see .
In recent years, a conspiracy argument
Tax protester conspiracy arguments
Tax protester conspiracy arguments are arguments raised by tax protesters who assert that the imposition of the federal income tax in the United States is the result of an illicit conspiracy. These kinds of arguments are distinguished from related constitutional arguments and statutory arguments...
used by tax protesters
Tax protester (United States)
A tax protester is someone who refuses to pay a tax on constitutional or legal grounds, typically because he or she believes that the tax laws are unconstitutional or otherwise invalid...
is that an American court displaying an American flag
Flag of the United States
The national flag of the United States of America consists of thirteen equal horizontal stripes of red alternating with white, with a blue rectangle in the canton bearing fifty small, white, five-pointed stars arranged in nine offset horizontal rows of six stars alternating with rows...
with a gold fringe is in fact an "admiralty court" and thus has no jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. Courts have repeatedly dismissed this as frivolous. [This reference is a criminal case with no reference to the IRS.]
Admiralty law
Vice admiralty courts were juryJury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
less courts located in British
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen. Judges were given 5% of confiscated cargo, if they found a smuggling defendant guilty. This gave judges financial incentive to find defendants guilty.
Australia
The first vice-admiralty court was established in Australia in the colony of New South Wales in 1788. The first Vice-Admiral was Arthur PhillipArthur Phillip
Admiral Arthur Phillip RN was a British admiral and colonial administrator. Phillip was appointed Governor of New South Wales, the first European colony on the Australian continent, and was the founder of the settlement which is now the city of Sydney.-Early life and naval career:Arthur Phillip...
and the first judge as Robert Ross. The court was abolished in 1911 when the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
was granted the admiralty jurisdiction of the court.
Canada
A vice admiralty court was formed in Nova ScotiaNova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
to try smugglers
Smuggling
Smuggling is the clandestine transportation of goods or persons, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations.There are various motivations to smuggle...
and to enforce the Sugar Act
Sugar Act
The Sugar Act, also known as the American Revenue Act or the American Duties Act, was a revenue-raising act passed by the Parliament of Great Britain on April 5, 1764. The preamble to the act stated: "it is expedient that new provisions and regulations should be established for improving the...
of 1764 throughout British North America
British North America
British North America is a historical term. It consisted of the colonies and territories of the British Empire in continental North America after the end of the American Revolutionary War and the recognition of American independence in 1783.At the start of the Revolutionary War in 1775 the British...
. From 1763–1765, when American smugglers were caught, they were tried by corrupt judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s who received a percentage of the confiscated goods if the defendants were found guilty; therefore, defendants were more than likely to be found guilty.