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Article
On the Power Attribute of the Court of Admiralty of England in the Tudor Dynasty
Author(s)
HAN Chenguang
Full-Text PDF XML 291 Views
DOI:10.17265/2328-2177/2022.12.004
Affiliation(s)
Shanghai Maritime University, Shanghai, China
ABSTRACT
Why
the court of admiralty of England reached its peak during the Tudor period is a
long-standing issue in academic circles, and it is necessary to clarify the
attribute of the Court of Admiralty before answering this question. A
comprehensive inspection of the admirals, judges of admiralty courts’ patents,
and statutes of the realm during the Tudor period reveals that, on the one
hand, the court of admiralty passed the substantive admirals’ judicial
privileges, the typification of court of admiralty orders, and the autonomy of
trial and enforcement privileges. On the other hand, on the basic of maritime
upstarts, the court of admiralty, got rid of the control of the royal power and
became an independent force in the English judicial system. The substantively
operating independently court of admiralty may be the first comprehensive national
judicial institution established in England in the early modern period.
KEYWORDS
Tudor Dynasty, Court of Admiralty, power attributes
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