Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
The administrative duties of the office of Lord High Admiral were
also absorbed by the crown. Throughout the seventeenth century the
office of Admiral was frequently put in commission. That is, the Lord
High Admiral's jurisdiction was retaken by the king and commissioners
were appointed by him to exercise the duties of the office. By act
of 1690[4] express provision was made for thus disposing of the
office of admiralty and for the most part it has been in commission
since.[5] From this time, therefore, the organization of the
department of admiralty and of admiralty courts has been directly
under the control of the crown in parliament and acts providing for
the institution of prize courts and the distribution of prize money
have been passed by them generally before each war as previously
indicated.[6]
The history of the admiralty courts of England has been the history
of a struggle between them and the common law courts, each seeking
to increase its jurisdiction at the expense of the other. Acts were
passed in the reign of Richard II[7] limiting the power of the
admiralty courts. Through the seventeenth and eighteenth centuries
their power underwent a constant decline, a fact greatly deplored by
Sir Leoline Jenkins one of the judges of the seventeenth century.
The common law courts even attempted to usurp their jurisdiction in
prize matters. In 1781 however the exclusive jurisdiction of the
admiralty in prize matters was recognized.[8] It was at this time
that Lord Mansfield as Lord Chief Justice of England was beginning
to correlate prize law by his famous decisions in appealed cases.
But it was to Sir William Scott, afterwards Lord Stowell, Judge of
the admiralty and prize court of England during the Napoleonic wars
that the fame of the English Prize Court is largely due. The English
Prize Court was at this time regarded almost as an international
authority, as is witnessed by the fact that the United States through
Ambassador Jay in 1794 requested of England an exposition of prize
court procedure for the use of the United States. The reply of Sir
William Scott and Sir J. Nicholl embodies nearly all the rules
adopted by the United States.[9] Of Lord Stowell's work it has been
said, "But his work as a judge of the Prize Court remains to this day
distinct and conspicuous and no changes of international law can ever
diminish his fame as the creator of a great body of English prize
law the only complete and judicially made code in existence among
European nations."[10] Through the nineteenth century the English
High Court of admiralty under such judges as Dr. Stephen Lushington,
Sir Robert Phillimore, and Sir Travers Twiss occupied a position of
increasing importance. Its jurisdiction was greatly increased by a
statute of 1840.[11] Among other things it was there given power to
adjudicate booty of war in the same manner as prize. Its jurisdiction
was further enlarged by acts of 1846,[12] 1854,[13] 1861,[14] and
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