Maxims of Law & Commerce
“A Court of Admiralty has no jurisdiction over those things which are determined by common law” ~ “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur.” Loft.479.
The Maxim “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur” means…
“the admiralty has no jurisdiction over those things which are decided by the common law”.
It is a principle that limits the scope of the admiralty or maritime law, which is the body of law that governs the activities and disputes on the seas or other navigable waters.
The principle states that the admiralty law does not apply to those matters that are already settled by the common law, which is the body of law that derives from the customs and traditions of the people, and is usually administered by the courts of the land.
For example, the admiralty law does not cover the crimes, contracts, torts, or property rights that are not related to the maritime affairs, but are governed by the common law.
The phrase “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur”… is derived from a longer Latin expression by the English jurist and historian Sir Matthew Hale (1609-1676), who wrote: “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur, nisi forte quatenus in mari vel in portubus maris, vel in fluminibus navigabilibus, vel in locis infra fluxum et refluxum maris, vel in locis infra corpora comitatum, quae infra fluxum et refluxum maris sunt, aliter quam in locis extra corpora comitatum, quae infra fluxum et refluxum maris sunt, dirimuntur.”
This means: “The admiralty has no jurisdiction over those things which are decided by the common law, unless perhaps insofar as they are decided in the sea or in the ports of the sea, or in navigable rivers, or in places within the flow and ebb of the sea, or in places within the bodies of the counties, which are within the flow and ebb of the sea, differently than in places outside the bodies of the counties, which are within the flow and ebb of the sea.”
The maxim “A Court of Admiralty has no jurisdiction over those things which are determined by common law” is a paraphrase of the Latin phrase “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur”, which means “the admiralty has no jurisdiction over those things which are decided by the common law”.
For example, the admiralty law does not cover the crimes, contracts, torts, or property rights that are not related to the maritime affairs, but are governed by the common law.
The maxim is cited from a law dictionary written by John Loftus (d. 1729), who was an English lawyer and legal writer.
The full title of the dictionary is “A New Law Dictionary, Containing the Interpretation and Definition of Words and Terms Used in the Law; and also the Whole Law and Practice Thereof, Under All the Heads and Titles of the Same. Together with Such Informations Relating Thereto, as Explain the History and Antiquity of the Law, and our Manners, Customs, and Original Government”.
The dictionary was first published in 1717, and was reprinted several times in the 18th century. The maxim is found in the entry for “Admiralty” in the dictionary, where Loftus quotes the Latin expression by the Roman jurist Ulpian, and then gives his own English translation of it.
The citation “Loft.479” refers to the page number of the dictionary where the maxim is located.
“A Court of Admiralty has no jurisdiction over those things which are determined by common law” ~ “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur.” Loft.479.
The Maxim “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur” means…
“the admiralty has no jurisdiction over those things which are decided by the common law”.
It is a principle that limits the scope of the admiralty or maritime law, which is the body of law that governs the activities and disputes on the seas or other navigable waters.
The principle states that the admiralty law does not apply to those matters that are already settled by the common law, which is the body of law that derives from the customs and traditions of the people, and is usually administered by the courts of the land.
For example, the admiralty law does not cover the crimes, contracts, torts, or property rights that are not related to the maritime affairs, but are governed by the common law.
The phrase “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur”… is derived from a longer Latin expression by the English jurist and historian Sir Matthew Hale (1609-1676), who wrote: “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur, nisi forte quatenus in mari vel in portubus maris, vel in fluminibus navigabilibus, vel in locis infra fluxum et refluxum maris, vel in locis infra corpora comitatum, quae infra fluxum et refluxum maris sunt, aliter quam in locis extra corpora comitatum, quae infra fluxum et refluxum maris sunt, dirimuntur.”
This means: “The admiralty has no jurisdiction over those things which are decided by the common law, unless perhaps insofar as they are decided in the sea or in the ports of the sea, or in navigable rivers, or in places within the flow and ebb of the sea, or in places within the bodies of the counties, which are within the flow and ebb of the sea, differently than in places outside the bodies of the counties, which are within the flow and ebb of the sea.”
The maxim “A Court of Admiralty has no jurisdiction over those things which are determined by common law” is a paraphrase of the Latin phrase “admiralitas jurisuitionem non habet super iis qu communi lege dirimuntur”, which means “the admiralty has no jurisdiction over those things which are decided by the common law”.
For example, the admiralty law does not cover the crimes, contracts, torts, or property rights that are not related to the maritime affairs, but are governed by the common law.
The maxim is cited from a law dictionary written by John Loftus (d. 1729), who was an English lawyer and legal writer.
The full title of the dictionary is “A New Law Dictionary, Containing the Interpretation and Definition of Words and Terms Used in the Law; and also the Whole Law and Practice Thereof, Under All the Heads and Titles of the Same. Together with Such Informations Relating Thereto, as Explain the History and Antiquity of the Law, and our Manners, Customs, and Original Government”.
The dictionary was first published in 1717, and was reprinted several times in the 18th century. The maxim is found in the entry for “Admiralty” in the dictionary, where Loftus quotes the Latin expression by the Roman jurist Ulpian, and then gives his own English translation of it.
The citation “Loft.479” refers to the page number of the dictionary where the maxim is located.
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