Before act 16. Parliament 1681, it was not competent to the High Admiral to reduce the decrees of depute Admirals.
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Sir John Urquhart having seized upon a ship at Cromarty, did obtain the same to be declared prize by Sir George M'Kenzie of Tarbet, as Admiral-depute; whereupon the stranger intents a reduction of that decreet before the High Admiral at Leith. Cromarty gave in a bill of advocation, upon this reason, that Tarbet having commission from the Duke of Lennox, Admiral, his decreet could not be reduced by the Admiral-depute, quia par in parem non habet imperium; and, as the High Admiral cannot reduce his own decreet, so neither can one depute reduce the decreet of another; for, they being both deputes to the Admiral, it is his jurisdiction that is exercised in both. It was answered, 1mo, The reason of advocation, being founded upon Tarbet's commission, is not instructed, as all reasons of advocation ought to be; 2do, Albeit Tarbet might have some commission in matters of wreck, and other ordinary cases, yet he hath no power of declaring prizes, unless he had a special commission therefor, which is neither known nor shown; 3tio, The Admiral Court of Leith hath a general commission for all the kingdom, and hath always been in use to reduce the sentences of the deputes, which have limited commissions to certain bounds.
The Lords having ordained the parties to be heard upon the bill, as if the advocation were passed, did advocate the cause to themselves from the Admiral; and found, that he, nor no depute, could reduce the decreet of any other depute; and ordained the parties to insist in this bill, as in a reduction, and the stranger to give in his reasons of reduction, without further delay; and gave warrant for production of Tarbet's decreet, and the testimonies of the strangers.
Fol. Dic. v. 1. p. 503. Stair, v. 2. p. 85.*** Gosford reports this case.
There being a reduction intented before the Admiral Court at Edinburgh, at the instance of Adrian Janson, for reducing a decreet pronounced by Tarbet, at Cromarty, adjudging the said Janson's ship lawful prize; there was a bill of advocation given in upon this reason, that Tarbet had his deputation from the High Admiral, to proceed in all cases within the bounds of his deputation, which is benorth Aberdeen; and the Admiral Court here being only a deputation from the same Admiral, as to all other bounds, could not reduce his decreet, quia par in parem non habet imperium. To this it was answered, That the most sovereign Court of Admiralty being settled here at Edinburgh, where strangers and parties might have advice of eminent Lawyers, no processes for the adjudging of prizes, which are of great consequence, and full of intricacy, ought to be intented before any depute, in places far remote from the Seat of Justice.
The Lords did advocate the reduction, and found, that the Admiral-deputes here were not competent Judges to the reduction of the said decreet; but ordained Tarbet's deputation to be produced, that it might be known if he had particular power to judge of prizes, before they would decide if the Admiral here was only Judge as to prizes brought in in other places, which were far off, and within the bounds of another depute.
