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 The place which, according to Spelman, is absolutely subject to the jurisdiction of the Admiral, is the sea; which, however, comprehends public rivers, fresh waters, creeks, and all places whatsoever, within the ebbing and flowing of the sea, at the highest water, the shores or banks adjoining, from all the first bridges to the seaward; and, in these, he observes, the Admiralty hath full jurisdiction in all causes, criminal and civil, except treasons and the right of wreck. Lord Coke observes, that “between the high-water mark and the low-water mark, the Admiral hath jurisdiction super aquam, when the sea is full, and as long as it flows, though the land be infra corpus comitatus, at the reflow, so as of one place there is divisum imperium at several times.”

But, though the statute restraineth the Lord High Admiral, that he shall not hold plea of a thing rising in the body of a country, he is not restrained from making execution upon the land, but is empowered to take either body or goods upon the land; otherwise his jurisdiction would often prove a dead letter. He also can and does hold his court in the body of a county. So, likewise, the civil power may apprehend and try persons who may have been guilty of offences cognizable at common law, though committed in the fleet, in any port or harbour of Great Britain, or at sea, provided such persons have not already been tried for such offences, either by court martial, or in the Admiralty Court; and in all ports, harbours, creeks, &c. lying in any county, the High Admiral and the sheriff, or coroner, as the case may be, have concurrent jurisdiction.

The Lord High Admiral is assisted in his judicial functions by the following principal officers:


 * 1) The Vice-Admiral.
 * 2) The Judge.
 * 3) The Registrar.
 * 4) The Marshal.
 * 5) Advocate-general.
 * 6) Procurator-general.
 * 7) Counsellor.
 * 8) Solicitor.

1. The Vice-Admiral. This officer is the admiral’s deputy, or lieutenant, mentioned in the statutes of 13th and 15th Richard II., and was the person most probably who presided in the court. At present the Vice-Admiral of England is a perfect sinecure, generally conferred on some naval officer of high rank and distinguished character im the service, having a salary attached to it in addition to his half pay of L. 469, 5s. 8d. per annum. The Rear-Admiral of England is the same, and the salary, in addition to his half pay, is L. 370, 4s. 3d. per annum. Each county of England has its Vice-Admiral, which is little more than an honorary distinction, though the patent gives to him all the powers vested in the Admiral himself. Similar powers were also granted to the judges of the Admiralty county courts; but this was found so inconvenient and prejudicial to those who had suits to commence or defend before them, that the Duke of York, when Lord High Admiral in 1663, caused instructions to be drawn up in order to ascertain to each his province; whereby the whole judicial power remained with the judge, and the upholding the rights of the Admiral, and levying and receiving his perquisites, &c. appertained to the Vice-admiral.

Each of the four provinces of Ireland has its Vice-Admiral: there is one Vice-Admiral for all Scotland, who has a salary of L. 1000 a-year on the ordinary estimate of the navy, and one for the Shetland and Orkney islands. The governor of most of our colonies has a commission of Vice-Admiral granted to him by the Lord High Admiral, or Lords Commissioners of the Admiralty; and generally a commission from the king, under the great seal, grounded on the 11th and 12th William III. and farther confirmed by 46th Geo. III. by which he is authorized to try all piracies, felonies, or robberies committed on the seas, where the parties are taken into custody in places remote from England; the court to consist of seven persons at the least, of which the governor, the lieutenant-governor, the vice-admiral, the flag-officer, or commander in chief of the squadron, the members of the council, the chief justice, judge of the vice admiralty court, captains of men of war, and secretary of the colony, are specially named in the commission; but any three of these, with four others selected from known merchants, factors, or planters, captains, lieutenants or warrant-officers of men of war, or captains, masters, or mates of merchant ships, constitute a legal court of piracy.

The Vice Admiralty courts in the colonies are of two descriptions. The one has power to inquire into the causes of detention of enemies, or neutral vessels, to try and condemn the same for the benefit of the captors, as well as to take cognizance of all matters relating to the office of the Lord High Admiral. The other has power only to institute inquiries into misdemeanours committed in merchant vessels, and to determine petty suits, &c. and to guard the privileges of the Admiral. The former are usually known by the name of Prize Courts; the latter by that of Instance Courts.

The following are the colonies and foreign possessions in which Prize Courts have been established in the course of the last war. Gibraltar, Malta, Newfoundland, Halifax, Bermuda, Bahama Islands, Barbadoes, Antigua, Tortola, Jamaica, Cape of Good Hope, Ceylon, Bombay, Madras, and Calcutta. The following colonies had Instance Courts only; Dominica, Grenada, St Vincents, St Christophers, Trinidad, St Cervix, Martinique, Berbice, Demerara, and Essiquibo; in addition to which is a court established at Sierra Leone for the trial and condemnation of captured slaves only.

In none of the patents to the Lord High Admiral, Vice-Admiral, or Judge, is any mention made of prize jurisdiction. Lord Mansfield had occasion to search into the records of the Court of Admiralty in Doctor’s Commons, to ascertain on what foundation this jurisdiction was exercised by the judge of the Admiralty, but he could not discover any prize-act books farther back than 1643: no sentences farther back than 1648. The Registrar could go no farther back than 1690. “The prior records,” says his Lordship, “are in confusion, illegible, and without index.” The prize jurisdiction may therefore be considered as of modern authority, and distinct altogether from the ancient powers given to the Admi-