116. Sir Henry Penrice to the Secretary of the Admiralty. November 29, 1718.[1]

Sir,

Since I had the Honour of your letter I have looked into the Registers Office,[2] and there find Copies of the Orders of Council, of Commissions for granting Letters of Mart, of Commissions for proceeding in Prize Courts, and of Warrants to the Judge of the High Court of Admiralty thereupon, in the years 1664, 1672, 1689 and 1702,[3] of which if you please you may have Copies if they will be of any service in the present Case.

Now as to the Question proposed whether there is Occasion for any further power, to the severall Courts of Admiralty in the plantations, other Remote parts, or at home, to Try and Condemn such Prizes as may be Taken?

As far as I have observed during the course of the Wars with Holland, France and Spain, the High Court of Admiralty have proceeded in all Prize causes, by Virtue of Warrants from the Lord High Admiral or Commissioners for Executing that Office, in pursuance of Commissions under the Great Seal directed to them for that purpose;[4] and Commissioners were appointed at the severall Plantations to take the Examinations of Witnesses in preparatory and to transmit them hither, together with the Ships papers, and in case the ship and Goods were perishable they had a Power to Appraise and sell, and keep the produce in their hands, till after Sentence, that the Merchants might have time, and be at a Certainty, where to enter their Claims.

But after the American Act, the Vice-Admiralty Courts in the Plantations, by Authority thereof,[5] proceeded in Prize Causes, which I conceive they had no right to do before; and that power being during the late War only, by Virtue of that Act, I presume it is now determined. Therefore upon a Grant of new Powers, I must humbly submit it to their Lordships Consideration, whether it may be for the Honour and Service of his Majesty, to permit the Vice-Admiralty Courts in the Plantations to proceed in Prize Causes, since it is much to be feared they are not well versed in the Laws of Nations, and Treaties between Us and other States; and it is well known that they do not proceed in that Regular Manner as is practised in His Majesties High Court of Admiralty; besides it will be a Considerable Time before Orders from their Lordships upon any Emergency can reach the Vice Admiralty Courts in the plantations, for want of which great Inconveniences may arise; whereas the Admiralty Court here is under their Lordships Eye and Immediate direction, and always ready to observe such Instructions as the Nature of affairs shall require.

But this is most humbly submitted to Their Lordships great Wisdom, by, Sir,

Your most humble servant
H. Penrice.

Doctors Commons, November 29, 1718.

[1] Public Record Office, Admiralty 1:3669. This letter was apparently addressed to the secretary of the Admiralty, Josiah Burchett. Sir Henry Penrice was judge of the High Court of Admiralty from 1715 to 1751.