admiral, had, properly speaking, no fleet; the custom being for the king, when he engaged in a naval expedition, to press into his service the merchaut-vessels from all ports of the kingdom, just as it is still the prerogative of the crown to seize the men serving on board such vessels. This circumstance is especially deserving of notice, as illustrating what an adiniral originally was. The King of England's admiral of the sea was not necessarily the actual commander of the fleet; he was rather the great officer of state, who presided generally over maritime affairs. Sometimes he was not a professional person at all; at other times he was one of the king's sons, or other near kinsman yet in his nonage, on whom the office was bestowed, as being one of great dignity and emolument: the duties were performed by persons who acted in his name. But these duties were usually not to command ships in battle, but merely to superintend and direct the naval strength of the kingdom, and to administer justice in all causes arising on the seas. The former of these duties is now executed by the department of government called the Admiralty, and the latter by the legal tribunal called the High Court of Admiralty. Anciently, two or more admirals used often to be appointed to exercise their powers along different parts of the coast. Thus in 1326 mention is made of the Admiral of the King's Fleet, from the mouth of the Thames northward, and of another officer with the same title, commanding from the mouth of the Thames westward. Besides these, there were also Admirals of the Cinque Ports. There are still a vice-admiral and a rearadmiral of the United Kingdom, which places are now sinecures, and are usually bestowed upon naval officers of high standing and eminent services. They are appointed by royal patent, and it is said would exercise the authority of the Lord High Admiral in case of his death, until a successor was appointed. There is also a vice-admiral of the coast of Yorkshire, a nominal office, usually given to a nobleman. It is the opinion of some writers that the first admiral of all England was appointed in the year 1387. Even the officer bearing this title, however, was not then the person possessing the highest maritime jurisdiction. Above him there was the King's Lieutenant on the Sea (Locum tenens super Mare). Also, before the term Admiral was used at all, there was an officer designated the Custos Maris, or Guardian of the Sea. From the year 1405 (the sixth of Henry IV.) there is an uninterrupted series of Lord High Admirals of England, the office being always held by an individual. till the 20th of November, 1632, when it was for the first time put in commission: all the great officers of state were the commissioners. During the Commonwealth, the affairs of the navy were managed by a Committee of Parliament, till Cromwell took the direction of them himself. On the Restoration, the king's brother, the Duke of York, was appointed Lord High Admiral; and he retained the place till the 22nd of May, 1684, when Charles took it into his own hands. On the duke's accession to the throne, in the beginning of the following year, he declared himself Lord High Admiral. On the Revolution the office was again put in commission; and it continued to be held in this form till 1707, when Prince George of Denmark was appointed Lord High Admiral, with a council of four persons to assist him. On his death, in November, 1708, the Earl of Pembroke was appointed his successor, with a similar council. The earl resigned the office in 1709, since which time, till now, it has always been in commission, with the exception of the period of about sixteen months (from May, 1827, till September, 1828), during which it was held by King William IV., then Duke of Clarence. The commissioners, styled the Lords Commissioners of the Admiralty, were formerly seven, and are now six in number; and the first Lord is always a member of the cabinet. It is the First Lord, indeed, who principally exercises the powers of the office. The patent constituting the commission is issued by writ of privy seal, in the king's name, and, after mentioning the names of the commissioners, it appoints them to be " our commissioners for executing the office of Of the Of the Red. Of the Blue. 9 13 14 14 18 30 38 Admirals our High Admiral of our said united | the battle of Trafalgar. There are also kingdom of Great Britain and Ireland, vice-admirals and rear-admirals of each and of the dominions, islands, and terri- flag, the former ranking with lieutenanttories thereunto belonging, and of our generals, and the latter with major-geneHigh Admiral of Jamaica, Barbadoes, rals in the army. The number of admirals Saint Christopher, Nevis, Montserrat, in each class, in May, 1844, was as folBermudas, and Antegoa, in America, and lows:of Guiney, Binny, and Angola, in Africa, and of the islands and dominions thereof, and also of all and singular our other foreign plantations, dominions, islands, and territories whatsoever, and places thereunto belonging, during our pleasure; giving, and by these presents granting unto you, our said commissioners, or any two or more of you, during our pleasure, full power and authority to do, execute, exercise, and perform all and every act, matter, and thing which do belong or appertain to the office of our High Admiral," &c., as well in those things which concern the navy as in the things which concern "the right and jurisdiction" of the High Admiral. Till the reign of Queen Anne the salary of the Lord High Admiral was only 300 marks; and the emoluments of the place, which were very large, arose chiefly from perquisites, or droits, as they were called, of various descriptions. Prince George of Denmark resigned all these droits into the hands of the crown, and received in their stead a salary of 7000l. a year. The salary of the First Lord is 4500l., and his official residence is the Admiralty, Whitehall. The salary of the junior lords is 10004., and they have official residences; or, in case of the government not appropriating to them an official residence, a sum of 2007. is allowed instead. The title of Admiral is also given in modern times to naval officers of the highest rank; of which we have in England three classes, namely, Admirals of the Red, of the White, and of the Blue. Admirals bear their flag at the main topgallant-mast head; vice-admirals, at the fore top-gallant-mast head; and rear-admirals, at the mizen top-gallant-mast head. After the union with Scotland in 1707, the use of the red flag was discontinued, the union-jack being substituted for it; but it was resumed at the naval promotion which took place in 1805, after A full admiral ranks with a general, and an admiral who is 'actually the commander-in-chief of a fleet with a fieldmarshal. The title of Admiral of the Fleet is merely an honorary distinction. The number of admirals on the 1st of January in each of the following years was as follows:-242 in 1815; 228 in 1819; 236 in 1825; 228 in 1830; 211 in 1837; and 211 in 1841. The average age of officers promoted to the rank of rearadmiral (omitting fractional parts of a year) was forty-seven years in 1815; fiftyone in 1819; fifty-five in 1825; fifty-eight in 1830; sixty-one in 1837; and rather more than sixty-one in 1841. The period which rear-admirals had served as captains had increased from nineteen years in 1815 to nearly thirty-five years in 1841; the increase having been from twentynine years nine months in 1830 to thirtyfour years and nine months in 1841. According to the official Navy List for April, 1844, there were, in addition to the admiral of the fleet, who receives sea-pay of 6l. per day, thirty-six admirals, with the sea-pay of 5l. per day; forty-six viceadmirals, with the pay of 41. per day; and ninety-six rear-admirals, with the pay of 3l. per day; making 179 admirals; but the number in commission in time of peace is only about twelve. In addition to this pay, every commander-in-chief receives a further sum of 31. per day while his flag shall be flying within the limits of his station. The full pay of admirals in 1792 was 31. 10s. a day; vice-admirals, 21. 10s.; rear-admirals, il. 15s.: in addition to which, compensation in lieu of servants' allowances was given at the rate of 4301. 3s. a year to admirals; 280l. 58. to viceadmirals; and 2021. to rear-admirals. The number of servants allowed was re duced in 1693; but in 1700 the regulation | diction. The Admiralty Court has no was rescinded, and by an Order in Council cognizance of contracts under seal, except fifty servants were allowed to the Admiral where, from the nature of the subject of the Fleet; thirty to admirals; twenty matter, it has exclusive jurisdiction; as to vice-admirals; and fifteen to rear-ad- in the case of an hypothecation bond, mirals. The half-pay of the Admiral of under which a ship is given in pledge for the Fleet is at present 11497. 15s. per necessaries furnished to the master and annum; of admirals, 7667. 10s.; of vice- mariners. This security, as it only affects admirals, 5931. 2s. 6d.; and of rear-ad- the vessel on which the money is admirals, 4561. 5s. The half-pay of the vanced, and imposes no personal contract Admiral of the Fleet was 27. 10s. per on the borrower, does not fall within the diem in 1792; that of admirals, 11. 15s.; cognizance of the common law. The vice-admirals, 11. 5s.; and of rear-ad- Instance Court likewise regulates many mirals, 17s. 6d. (Report on Army and other points of maritime law, such as Navy Appointments.) disputes between part-owners of vessels, and questions relating to salvage, that is, the allowance made to those who have saved or recovered ships or goods from dangers of the sea. It has also power to inquire into certain wrongs or injuries committed on the high seas, such as collision, or the running foul of one ship against another, and in such cases to assess the damages to be paid to the party injured. There is no officer with the title of admiral in the navy of the United States of America, the rank corresponding to it being that of commodore, which is given to captains commanding on stations. ADMIRALTY COURTS are courts which have jurisdiction over maritime causes, whether of a civil or criminal nature. In England, the Court of Admiralty is held before the Lord High Admiral or his deputy, who is called the judge of the court: when there was a Lord High Admiral, the judge of the Admiralty usually held his place by patent from him; but when the office of admiral is executed by commissioners, he holds his place by direct commission from the crown under the great seal. The Court of Admiralty is twofold, the Instance Court and the Prize Court. The commissions to hold these courts are perfectly distinct, but are usually given to the same person. Neither of them is a Court of Record. The civil jurisdiction of the Instance Court extends generally to marine contracts, that is, to such contracts as are made upon the sea, and are founded in maritime service or consideration, -as where the vessel is pledged during the voyage for necessary repairs; and to some few others, which, though entered into on land, are executed entirely upon the sea, such as agreements for mariner's wages. But if part of a cause of action arises on the sea and part upon the land, the courts of common law exclude the Admiralty Court from its jurisdiction; and even in contracts made abroad they exercise in most cases a concurrent juris This court is usually held at Doctors'Commons, like the ecclesiastical courts, to which, in its general constitution, it bears a great resemblance. The law by which its proceedings are governed is composed of such parts of the civil law as treat of maritime affairs, together with the laws of Oleron and other maritime laws, with such corrections, alterations, or amendments as have been introduced by Acts of Parliament, or usage which has received the sanction of legal decisions. (Blackstone, Commentaries, iii. 68, 106.) In criminal matters the Court of Admiralty has, partly by common law, partly by a variety of statutes, cognizance of piracy and all other indictable offences committed either upon the sea or on the coasts, when beyond the limits of any English county; and this (at least since the time of Edward III.) to the exclusion of the jurisdiction of the courts of common law. With respect to certain felonies, committed in the main stream of great rivers below the bridges, the common law and the Admiralty have a concurrent jurisdiction. The mode of proceeding in the Admiralty courts in criminal trials, like that in all other suits there, was anciently superior courts of common law; and is empowered to direct new trials, or to grant or refuse them; the exercise of the last - mentioned right to be subject to appeal. Other alterations are made, for which reference should be made to the act. according to the course of the civil and maritime law, until, in the reign of Henry VIII., a statute was passed which enacted that these offences should be tried by commissioners of oyer and terminer under the king's great seal, and that the proceedings should be according to the The Prize Court is the only tribunal law of the land. (Blackstone, Commen- for deciding what is, and what is not, taries, iv. 268; Hale, Pleas of the Crown, lawful prize, and for adjudicating upon ii. 16.) By 7 & 8 Geo. IV. c. 28, all all matters civil and criminal relating to offences tried in the Court of Admiralty prize. By " prize" is to be understood are to be punished in the same manner as every acquisition made jure belli (by the if committed on land. (§ 12). A similar law of war), which is either itself of a provision is introduced in 9 Geo. IV. maritime character, or is made, whether c. 31, for consolidating and amending the at sea or by land, by a naval force. All law relating to offences against the per- acquisitions by war belong to the soveson. (§ 32). In the act for establishing reign power in the state, but are usually, the Central Criminal Court in London by the law of each particular state (as in (4 Wm. IV. c. 36), the judges are em- England by several acts of parliament), powered to determine offences committed distributed in certain proportions among within the jurisdiction of the Admiralty the persons who took or assisted in taking of England, and to deliver the gaol of them. But the property in the thing Newgate of any person committed for captured is held by English jurists, any such offence. (§ 22). The Admiralty agreeably to the general practice of the sessions are held twice a year, in March law of nations, not to be absolutely taken and October, at the Old Bailey. The from the original owners, until, by the judge of the Admiralty presides, and two sentence of a properly authorized court, of the common law judges sit with him. it has been condemned as lawful prize. The proceedings do not usually occupy We had, as it should appear, no court more than three or four days in the year. authorized to adjudicate on property capBy 3 & 4 Vict. c. 65, which is an act tured by land-forces, or booty, as it is to improve the practice and extend the commonly termed by writers on the law jurisdiction of the High Court of Admi- of nations; but, when occasion required, ralty of England," the Dean of Arches is commissioners were specially appointed empowered to sit as assistant to or in for the purpose. The 3 & 4 Vict. c. 65, place of the judge of the court; and advo-enacts that the High Court of Admiralty cates, surrogates, and proctors of the Court of Arches are admitted in the Court of Admiralty. The judge of the Admiralty is empowered to make rules of court, and is to enjoy all the privileges which pertain to the judges of the superior courts. There is a clause which enables the court to try any questions concerning booty of war which may be referred to it by the Privy Council. The court is empowered to adjudicate on claims for services and necessaries to any ships which may not have been on the high seas, but within the body of a county, at the time when such services were rendered. Evidence may be taken vivâ voce in open court, or before commissioners. The court can direct issues on questions of fact arising in any suit to be tried before some judge of the 66 shall have jurisdiction to decide all (Dou capture has been effected by a naval force, or a mixed naval and military force. Vessels taken under the treaties for the suppression of the slave-trade are adjudicated by a mixed commission, composed of English and foreign commissioners. In 1840 an act was passed (3 & 4 Vict. c. 66) to make provision for the judge, registrar, and marshal of the Court of Admiralty. It fixes the salary of the judge at 4000l., with a retiring pension of 2000l. after fifteen years' service, or on becoming permanently disabled from performing his duties. It also prohibits the judge from sitting in parliament. The salary of the registrar is 1400l., without fees. In time of war, or in case of a great increase of business, the registrar's salary may be increased to 2000l. He must perform his duties personally; but if, in case of illness or absence, he neglects for two days to appoint a deputy, the judge is empowered to appoint one, and to fix his salary, which is to be paid out of the salary of the registrar. The registrar is appointed by the judge, and must be a proctor of not less than ten years' standing. In case of necessity, the judge may direct the registrar to appoint an assistant, subject to the approval of the judge, with a salary of 1200l. One of the duties of the registrar is to attend the hearing of appeals before the Privy Council, instead of the registrars of the Court of Chancery, on whom this duty devolved under 3 & 4 Wm. IV. c. 41. The marshal's salary is 500l., without fees, and may be increased to 800l. in time of war, or if the business of the court should increase sufficiently. The fees of the court are carried to an account called the fee fund, out of which all the officers are paid except the judge. The business and fees of the Court of Admiralty are always much greater in time of war. From 1778 to 1782 Judge Marriot received 4500l. a year, the salary being 8001., and the fees averaging 3700l. a year. On the return of peace his salary was increased to 9801.; and his total income during the peace averaged 1380l. a year. In 1794 the salary of the office was increased by the addition of 400l. a year. In the first ten years of the French revolutionary war, the income of Sir W. Scott averaged 5700l. a year, the salary being 2500l. and the fees 32001. About a thousand cases a year were determined by the court during the war. (Evidence of Dr. Nichol before Select Committee on Admiralty Courts, in 1833; reprinted in 1843 by order of the House of Com mons.) The Prerogative and Admiralty Courts were presided over by one judge on two occasions in the last century, from 1710 to 1714, and from 1773 to 1778. The Parliamentary Committee of 1833 recommended that the two judges of these courts should sit interchangeably, when occasion may require, either in one court or the other. All sovereign states which are engaged in maritime war establish Admiralty Courts, for the trial of prizes taken by virtue of the commissions which they have granted. In determining prize cases, the Admiralty proceed on certain general principles which are recognised among civilized nations. Thus the commission which empowers the Prize Court to determine cases of prize, requires it to "proceed upon all and all manner of captures, seizures, prizes, and reprisals of ships and goods, which are or shall be taken, and to hear and determine according to the course of the Admiralty and the law of nations." The Court of Admiralty for Scotland was abolished by 1 Wm. IV. c. 69. The representative of the nominal head of the court (the Lord High Admiral) was the judge; and there were inferior Admiralty jurisdictions, in which the law was administered by admirals-depute. The cases formerly brought before this court are now prosecuted in the Court of Session, or in that of the sheriff, in the same way as ordinary civil causes. The Court of Justiciary has become the tribunal for the decision of the more important maritime offences. The inferior jurisdictions not dependent on the High Court of Admiralty were not abolished by the above act. (Burton's Laws of Scotland.) There is an Admiralty Court in Ireland, but a prize commissioner has never been sent to it. By § 108 in the Corporations Reform Act (5 & 6 Wm. IV. c. 76) all chartered Admiralty jurisdictions were abolished, but that of the Cinque Ports, |