PRIZE COURTS AND THE LAW THEY ADMINISTER.
contain many valuable principles which were
used by the English judges in moulding the law
and practice of the Admiralty Court. It is note-
worthy that Sir Julius Caesar, speaking in the
sixteenth century, referred to maritime law as
being the ‘truest and most indifferent judge
between all nations,” ® whilst Lord Mansfield,
nearly two hundred years afterwards, still held
that ‘“ all the world were parties to a sentence of
a Court of Admiralty.”” ® Maritime law was thus
considered to be of universal obligation, not
because it was prescribed by any single State, but
because it rested on the common consent of all
civilised communities.
From the British point of view, the true reason
why prize jurisdiction is appropriate to the
Admiralty Court is that prizes are acquisitions jure
belli and that the law of war, just as that of the
sea, must be governed by international law. This
principle was admirably expressed by Sir Charles
Hedges in 1689 :—The Court of Admiralty is a
Court of Justice, and the judge who is sworn to
administer it is as much obliged to observe the laws
of nations as the judges of the Courts of West-
minster are bound to proceed according to the
statutes and the common law.” And in the leading
case of Le Caux v. Eden, Buller, J., also stated
that jus belli is to be determined by the law of
5 Add. MSS. 12505, fol, 877.
® Bernardi v. Motteux (1781), 2 Dougl. 575; 581. And Luke v.
Lyde (1759), 2 Burrow, 883, 887.
7 8. P. Dom. Naval, 1, October 22, 1689, in R. G. Marsden,
poen relating to the law and custom of the sea (1915), Vol. 2,
5