A TREATISE ON THE LAW OF PRIZE.
Admiralty to “will and require His Majesty’s
High Court of Justice and the judges thereof to
take cognisance of and judicially to proceed upon
all and all manner of captures, seizures, prizes
and reprisals of all ships, vessels and goods that
are or shall be taken and to hear and determine
the same.’’ ®
These instructions have been literally tran-
scribed from the old form which has remained
substantially the same since at the least the
seventeenth century. The law to be administered
by the Prize Court is clearly prescribed in all the
commissions. The Court is to adjudge and
condemn all such ships, vessels and goods
“according to the course of Admiralty and the
law of Nations.’’ *
Admizalty § 4. As to the °‘ course of Admiralty,” it
should be noted at the outset that Admiralty law
has never been considered in England as being
strictly municipal law. The venerable Black Book
of the Admiralty, in its opening chapter, lays stress
on the propriety of the Admiralty judge adhering
to the ancient usage and custom of the sea—la loy
marine et anciens coutumes de la mer—as accepted
by all the civilised countries of Europe. A great
part of the law and customs is found in codes such
as the Rhodian sea law, the laws of Oleron, of
Wisbuy, of the Hanse Towns and, principally, in
the celebrated Comnsolato del Mare, all of which
BE
issued on the outbreak of war with Austria-Hungary, Turkey and
Bulgaria, ibid., (1914), No. 1263; (1915), Nos. 186 and 1073.
4 Order in Council of December 16, 1664, and Commission of
November 30, 1739, Lansdowne MSS. 194, fol. 24, and Add. MSS.
36124, fol. 29; Lindo v. Rodney (1782), 2 Dougl. 619n.