Admiralty Courts and Courts Martial

Sir John Baker

in The Oxford History of the Laws of England

Published in print September 2003 | ISBN: 9780198258179
Published online March 2012 | e-ISBN: 9780191681806 | DOI:

Series: The Oxford History of the Laws of England Series isbn 0-19-961352-4

Admiralty Courts and Courts Martial

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This chapter examines the role of the admiralty courts and courts martial in the judicial system in England during the Tudor period. These were the only secular courts which purported or permitted to follow the civil law, and the judges were usually either graduates in civil law or at least proctors trained in civilian practice. They closely resemble church courts and their substantive laws seemed to have been derived mostly from the customs of merchants and the law of the sea and the customs of chivalry and of arms. Though they were not strictly conciliar, they were closely associated with the King's Council and the Court of Chancery.

Keywords: admiralty courts; courts martial; English courts; civil law; judicial system; judicial history; King's Council

Chapter.  6378 words. 

Subjects: History of Law

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