touching matters arising within the jurisdiction, and of right belonging to the cognizance of his majesty's court of admiralty."

Such, and so extensive is the chart drawn by

criminal jurisdiction of But, since that period,

Sir L. Jenkins, of the the admiralty in his time. many of the matters above mentioned have ceased, from disuse, to be examined into or punished by this court, and many more have been subducted from its authority by act of parliament, expressly or impliedly. The naval articles of war, established by act of parliament (42), have, in their effect taken away numerous subjects of jurisdiction, and extend to all the offences therein mentioned, though committed in places within the admiralty jurisdiction, or rather are to such places expressly confined. The offences of cowardice, of desertion, of mutiny, of disobedience of orders, of quarrelling, of waste, of embezzlement, are on board his majesty's ships of war, triable by courts martial, and though the statute(43) preserves a concurrent jurisdiction to the court of admiralty, it is seldom resorted to.

The chief privilege preserved to the lord high admiral, or the lords commissioners of the admiralty, seems to be that of granting the commissions which empower naval commanders to assemble courts martial; and with respect to the marine forces, they have been empowered to form their articles of war.

(42) See 22 Geo. II. ch. 33.

(43) Sec. 25.

Some smaller privileges are also expressly reserved to this court, or rather to the instance, such as condemning to make reparation for not protecting ships under convoy.

By the prize acts, commanders of privateers taking ransom for captured ships, are punishable by fine and imprisonment in this court.

If there be any doubt of the authority of the court martial, the power reverts to the court of admiralty, and perhaps is always concurrent in it though disused, for the acts authorizing courts martial, expressly take care that the old jurisdiction of the admiralty shall not be infringed.

Thus in a case mentioned by Jenkins of a pilot, by whose ignorance a king's ship had been lost, he gives his opinion, that if he could not be reached by a court martial, he was punishable criminaliter by the admiralty court.

By the prize act, the offences therein mentioned, though committed out of the realm, may be alledged to be committed in any county in England.

By the same act, sessions of admiralty must be held twice a year at the Old Bailey, and may be held wherever the lords of the admiralty may appoint.

In all the provisions relative to this criminal court of admiralty, the jurisdiction of the cinque ports is preserved. Thus in the 28th of Henry VIII. it is enacted, that when any such commission, as therein the king is empowered to grant,

shall be directed to any place within the jurisdiction of the cinque ports, such commission shall be directed to the lord warden of the ports, or his deputy, and three or four such persons as the lord chancellor shall name; the inquisition and trial to be had by the inhabitants in the cinque ports, and the members of the same.

The same provision is made in the 11th and 12th of William, as to the offences punished by that statute.

CHAPTER XII.

OF VICE-ADMIRALTY COURTS.

ALL the powers of vice-admiralty within his majesty's dominions are derived from the high admiral, or the commissioners of the admiralty of England, as inherent and incident to that office. Accordingly, by virtue of their commission, the lords of the admiralty are authorized to erect courts of vice-admiralty in North America, the West Indies, and the settlements of the East India company(1).

So in Great Britain also, the lord high admiral doth (by virtue of his place) appoint in divers parts of the kingdom his several substitutes or vice-admirals, with their judges and marshals, under the great seal of the high court of admiralty, which vice-admirals and judges do exercise jurisdiction in maritime affairs, within their several limits, and in case any person be

(1) If there had been any doubt of this, it was settled by the opinion of great and able civilians, in the case of the Sarragossa, in 1786.

aggrieved by any sentence, or interlocutory decree, having the force of a definitive sentence, (which it has if no other sentence is to be expected in that cause) he may appeal to the high court of admiralty (2).

The court of admiralty in Ireland is not a vice-admiralty court. For its present nature and construction I must refer to the Irish act of 1782; and a clause in the act of union, both given in the appendix.

Vice-admirals are removable at pleasure, notwithstanding the statute 12 and 13 Edward III. ch. 2. sec. 3.

The court of admiralty in Scotland is sometimes called a vice-admiralty court. I am not sufficiently acquainted with its construction to pronounce thereupon. The appeal, I understand, lies to the lords of session, from thence to the house of lords; but not having been able, after consulting many books on Scotch law, to get a clear account of it, I speak with hesitation.

The vice-admiralty courts which chiefly claim our attention, are those in America and the West Indies.

These courts, by the provisions of 12th of Charles II. commonly called the Navigation Act, and 7 and 8 of William III. ch. 22. obtained in a singular manner a jurisdiction in revenue causes, totally foreign to the original jurisdiction of the

(2) See statute 8 Elizabeth, ch. 5.