![Sample our Humanities journals, sign in here to start your FREE access for 14 days]({"type":"image" , "src" : "/sda/5939/TOC-Subject-Sample-2021-Humanities.jpg"})
Abstract
Victims of war have existed since time immemorial and, in the same vein, so have certain mechanisms for the redress of their injuries. Admiralty courts in early modern Europe are historical platforms in which certain groups of victims of maritime conflict could seek compensation under an international prize jurisdiction, as per the law of nations. This article will briefly introduce the reader to the way in which European countries applied their prize jurisdiction. It will then focus on compensation cases during the Anglo-Dutch Wars of the seventeenth century to show how admiralties implemented the right to compensation during these conflicts.
Disclosure statement
No potential conflict of interest was reported by the author.
Notes
1 Arthur Browne, A Compendious View of the Civil Law, and of the Law of the Admiralty, Being the Substance of a Course of Lectures Read in the University of Dublin: Volume 2 (Butterworth, 1802) 22.
2 William Wynne, The Life of Sir Leoline Jenkins, Judge of the High-Court of Admiralty, And Prerogative Court of Canterbury, &c. Ambassador and Plenipotentiary for the General Peace at Cologn and Nimeguen, And Secretary of State to K Charles II and a Compleat Series of Letters, from the Beginning to the End of those Two Important Treaties, Vol 2 (Joseph Downing et al, 1724).
3 Sir William Blackstone, Commentaries on the Laws of England: Book the Third (A Strahan, 1825) ch 5; 70.
4 William Searle Holdsworth, ‘The Development of the Law Merchant and its Courts’ in Committee of the Association of American Law Schools (ed), Select Essays in Anglo-American Legal History (Little Brown & Co, 1907) vol 1.
5 For an analysis on the international character of the English Admiralty Court, see Shavana Musa, ‘Tides and Tribulations: English Prize Law and the Law of Nations in the Seventeenth Century’ (2015) 17 Journal of the History of International Law 47.
6 Georges Feron, ‘Des Tribunaux de Prises, Organisation, Competence, Procedure’ (These de Doctorat, Pedone, 1896); Auguste Dumas, Etude Sur le Jugement des Prises Maritimes en France Jusqu’a la Suppression de L’office D’amiral (1627) (E Larose, 1908); Domenico Alberto Azuni, The Maritime Law of Europe: Volume 2 (G Forman, 1806) 262; Helen Josephine Crump, Colonial Admiralty Jurisdiction in the Seventeenth Century (Royal Empire Society, 1931).
7 Carl J Kulsrud, Maritime Neutrality to 1780: A History of the Main Principles Governing Neutrality and Belligerency to 1780 (Lawbook Exchange, 2000) 19–20.
8 ‘Resolution of the States General in Answer to Resident Downing’s last Memorial of the Same Date’, 2 November 1658, vol lxi, 357 in Thomas Birch (ed), State Papers, 1658: October: A Collection of the State Papers of John Thurloe, Volume 7, March 1658–May 1660 (Fletcher Gyles, 1742) 447–61.
9 Francis Deak and Philip C Jessup, ‘Early Prize Court Procedure: Part One’ (1934) 82(7) University of Pennsylvania Law Review 677, 680; John Francis Bosher, Men and Ships in the Canada Trade: 1660–1760 (National Historic Sites, 1992).
10 Domenico Alberto Azuni, The Maritime Law of Europe: Volume 2 (G Forman, 1806) 264.
11 Virginia Lunsford, Piracy and Privateering in the Golden Age Netherlands (Springer, 2005) 17.
12 Treaty between Great Britain and the Netherlands, signed at Westminster, 5 April 1654, 3 CTS 225.
13 Treaty between Great Britain and The Netherlands, signed at Breda, 31 July 1667, 10 CTS 255.
14 Treaty of Peace between Great Britain and The Netherlands, signed at Westminster, 19 February 1674, 13 CTS 123.
15 CH Firth and RS Rait (eds), ‘April 1649: An Act Declaring the Grounds and Causes of Making Prize the Ships and Goods That Shall Be Taken from Time to Time by the Parliament Ships at Sea, and for the Encouragement of Officers, Mariners and Seamen’ in Acts and Ordinances of the Interregnum, 1642–1660 (His Majesty’s Stationary Office, 1911) 66–75.
16 ibid.
17 ibid.
18 ibid.
19 See James Oldham, English Common Law in the Age of Mansfield (University of North Carolina Press, 2005) 180, where Oldham refers to Lord Mansfield’s observations of his in the case of Lindo v Rodney (1781).
20 Verbael gehouden door de Heeren H. van Beverningk, W. Nieupoort, J. van de Perre, and en A. P. Jongestal, Als Gedeputeerden en Extraordinaris Ambassadeurs van de Heeren Staeten Generael der Verenigde Nederlanden aen de Republyck van Engelandt (Hendrick Scheurleer 1725).
21 ‘No 121. Fryday 18 August 1654’ Verbael gehouden, 550.
22 The records only mention David Sollicoffer once and it is not entirely clear who this person was. It is assumed that they are related in some way, given that they both have the same surname.
23 ‘June 27. Council. Day’s I’ in Mary Anne Everett Green (ed), Calendar of State Papers Domestic Series, 1655 Preserved in the State Paper Department of Her Majesty’s Public Record Office (Longmans & Co, 1881) SP 18/98.
24 ‘Committee of the Council on Tobias Sollicoffer’s Petition’ in Mary Anne Everett Green (ed), Calendar of State Papers, Domestic Series, [Commonwealth] 1649–1660 Preserved in the State Paper Department of Her Majesty’s Public Record Office: Volume 8, Jan–Oct 1655 (Longman & Co, 1881) SP 18/111 f61.
25 ‘July 24’ in Everett Green, Calendar of State Papers Domestic Series, 1655 (n 23) SP 18/99.
26 ibid.
27 This particular entry does not specifically refer to the Sollicoffers or Laurence, but since no other reference to Protestant Cantons was made, other than that to the aforementioned, it is inferred that the 15000l assigned by the Committee was indeed for them.
28 ibid.
29 Thomas Birch (ed), A Collection of the State Papers of John Thurloe, Esp, Secretary, First, to the Council of State, and Afterwards to the Two Protectors, Oliver and Richard Cromwell, Volume I (Woodward & Davis, 1742) 222. In addition to these items, obscurities such as elephant teeth were also taken.
30 Specifically, Stoakes took Caarlof’s great trunk; all the apparel therein; 16 or 18 marks of gold; one box of hatbands; bracelets; chains; rings of gold and Caarlof’s chest of linen. (ibid)
31 See ‘A Schedule of the Petitioner’s Present Claim, on the Behalf of Her Majesty of Sweden, and the Privileged Swedish African Company, Concerning the Two Ships the Christiana and Northcoping, Taken the 7th September 1652’ in A Collection of the State Papers of John Thurloe, Esq. Secretary, First, to the Council of State, and Afterwards to the Two Protectors, Oliver and Richard Cromwell (Thomas Woodward, 1742) vol I, 222 (hereafter ‘State Papers of John Thurloe’).
32 ‘The Swedish Resident in Holland to the Parliament of the Commonwealth of England’ in State Papers of John Thurloe (n 31) 222–23.
33 ibid.
34 ibid.
35 ‘The Parliament of the Commonwealth of England to the Queen of Sweden’ in State Papers of John Thurloe (n 31) 223–24.
36 Calendar of Papers of Sir James Whitelocke Knt, a Judge of the King’s Bench from 1624 to 1632, and of his Son Bulstrode Whitelocke One of the Commissioners of the Great Seal of the Commonwealth, and Ambassador to Queen Christina of Sweden, Whitelocke Papers: Volume XIII Ref S/M (Microform Academic Publishers) para 32.
37 ibid.
38 Mary Anne Everett Green (ed), Calendar of State Papers Domestic Interregnum, 1652–3 (1878) 75–136, para 19.
39 GF Steckley (ed), ‘Letters: to Gowen Paynter and William Clerke, 12 March 1653’ in ibid, 82–99, 71c.
40 GF Steckley (ed), ‘Introduction’ in The Letters of John Paige, London Merchant, 1648–58 (London Record Society, 1984) 21.
41 C 105/12, Paynter to Clerke, 13 July and 25 August 1656, ns.
42 Steckley, ‘Letters’ (n 39) 72.
43 ibid 78a.
44 ibid, para 178. Oddly enough, one case that at this time had caught the attention of many lawyers and led to these kinds of affirmations was one involving a London merchant, Ricaut. He had been brazenly maintaining that wool – which had been released by the Admiralty Court, given that it had been proved to belong to the King of Spain – was his and that the King of Spain did in fact owe him money: money which was in fact higher in amount than the value of the wool itself. This was a very serious case and the claims were even deemed legitimate, although the eventual outcome is not known. Even so, much excitement was caused as a result of this case and many feared that this would even open the floodgates for individuals to sue a head of state in this way.
45 The Chambers have also been referred to as ‘Boards’: see Samuel Rawson Gardiner (ed), Letters and Papers Relating to the First Dutch War 1652–1654: Vol I (Printed for the Navy Records Society, 1899) 48ff.
46 A New Description of Holland And the Rest of the United Provinces in General containing Their Government, Laws, Religion, Policy, and Strength; Their Customs, Manners, and Riches; Their Trade to the Indies, & c. Their Fishery and Bank, with a Particular Account of Amsterdam, Hague, Roterdam, and the other Principal Cities of Holland (H Rhodes, 1701) 77. Also see Gardiner, Letters and Papers (n 45) 55. Also See Marjolein C ‘t Hart, The Making of a Bourgeois State: War, Politics and Finance During the Dutch Revolt (Manchester University Press, 1993) 39.
47 Gardiner, Letters and Papers (n 45) 57; 389–91.
48 ‘t Hart, The Making of a Bourgeois State (n 46) 41.
49 They were referred in the Dutch Republic as Commissie van Retorsie.
50 ‘Commissie van retorsie voor een Deulsche schiper’, 2 September 1672, ARA, AA, Verz Bisdom, 107. Also see Lunsford (n 11) 18.
51 ibid 32.
52 Treaty of Commerce between Great Britain and The Netherlands, signed on 17 February 1668 at The Hague, 10 CTS 441.
53 Articles 10 and 13, Treaty of Commerce between France and England, signed on 24 February 1677 at St Germaine en Layes, 14 CTS 475.
54 Treaty of Navigation and Commerce between England and The Netherlands, signed at London, 10 December 1674, 13 CTS 255.
55 Josiah Burchett, A Complete History of the Most Remarkable Transactions at Sea, from the Earliest Accounts of Time to the Conclusion of the Last War with France … And in a More Particular Manner of Great Britain, from the Time of the Revolution, in the Year 1688, to the Aforesaid Period (WB for J Walthoe & J Walthoe, junior, 1720).
56 National Archives, HCA 25/13.
57 PRO, HCA 45/12.