Of old, the Lords' jurisdiction in maritime affairs was cumulative with that of the Admiral; only in such cases they allowed him to sit and have his vote with them.
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Certain Flemings called certain Leith men before the Lords of the Council, for spuilzying of them of their gear, and two ships upon the sea. The Lord Bothwell, Admiral, compeared before the said Lords, and alleged that matter pertained to him, as Admiral, of heritage, and desired the matter to be remitted to his Admiral-court, and the Lords not to proceed therein. The Flemings alleged, That albeit the Admiral was judge ordinary in this case, not the less the Lords of Council were also judges ordinary in all civil actions within the realm, by the first institution of the College of Justice, made by the King and the three Estates in Parliament; and that the Lords were in use of proceeding in such actions of strangers; and also, the books of Council bore, where, in such a case of Flemings against Robert Borland, in the year of God 1516, the same exception was proponed by the Lord Bothwell's procurators, and nevertheless the Lords proceeded in that matter, and so tacite repelled that exception; and also alleged, that albeit there be diverse Sheriffs ordinary judges in heritage, and also Lords of Regalities ordinary judges, nevertheless they might not, of the practice of Scotland, repledge any actions of their subjects from the Lords; and so are they the ordinary judges to all the realm; and of the law actor potest reum, habentem plures judices, vocare coram quo eorum voluerit; and so the action being begun before the Lords, it might not be remitted to the Admiral. The Lords of Council decerned themselves competent judges in this case, and repelled the said Admiral's exception for the causes before written, and proceeded finally to sentence in the said matter; and as use was of before, were content that the Admiral come and sit with them, and to have his vote with them in the cause, that he might see that justice were equally done.
