In these particulars, I am of opinion that their complaints are not well grounded; but then, as to their being disturbed in the exercise of the admiralty jurisdiction of what is, or is not, prize, they certainly are in the right to complain, and I doubt not but your Lordships will think that it is the duty of the governors to support them in it by all means lawful, and if they are negligent in so doing, his Majesty's order for that purpose would undoubtedly make them careful for to do it for the time to come, which brings me to the end of this long report with which your Lordships have been troubled. The lords of the admiralty pray that his Majesty would be pleased to order the governors to restrain the provincial judges from interrupting the proceedings of the courts of admiralty; by which, if they mean that the judges should be hindered from granting prohibitions, I cannot conceive how they can be relieved in the manner they propose; for if the prohibitions are legally granted, no order can authorize him to hinder them, and if they are not, the proper remedy is by the appeal of the party concerned. But to conclude, if your Lordships, upon inquiry into the fact, should find, as in all probability the fact as to New England is, that the people there do under a pretence of law attempt to disturb and, perhaps, to banish from that province the due exercise of an admiralty jurisdiction, derived more immediately from the crown than that of their own courts, I am humbly of opinion that the properest remedy the admiralty can. apply for, is, that a bill may be brought into parliament next session for that purpose, by which the manner of trying piracies, and the exercise of the admiralty jurisdiction for the future, may be established and reduced to certainty.

June 20, 1720.

RICH. WEST:

(7.) Mr. Strahan's opinion on the power of collecting admiralty dues, in Bermuda.

I have perused the extract of a letter from Colonel Hope, Governor of Bermuda, together with his commission of vice-admiral, as also the copy of a commission from the receiver-general of the rights and perquisites of the admiralty and from the solicitor and comptroller of the same to Robert Dinwiddie Esq. constituting him their agent at Bermuda, bearing date the 1st of September, 1721; and having duly considered the subject matter of Colonel Hope's complaint, in his aforesaid letter, I am of opinion that the Colonel has no right to the dues and perquisites of the admiralty, which may accrue within the jurisdiction of his vice-admiralty, to retain them to his own use, although perhaps it may be true that his predecessors in that government may have enjoyed the same without ever having accounted for them.

Vice-admirals are indeed empowered by their commission to collect and receive all dues and perquisites of the admiralty within their respective jurisdictions; but they ought to account for the same to the lords commissioners, for executing the office of high admiral, or to such other person as they shall think fit to appoint for that purpose, for the use and behoof of the Crown. So that, as the lords commissioners of the admiralty have a right to call all vice-admirals to account for such dues and perquisites of the admiralty as they shall have received within their respective jurisdictions, they may ap point proper persons to take and receive those accounts from the vice-admirals.

But I conceive that the commission granted by the receiver-general, of the rights and perquisites of the admiralty, and the solicitor and comptroller of the same, to

Robert Dinwiddie Esq. of Bermuda, is not to be warrant in law, the same being an encroachment on the powers actually vested in Colonel Hope, by his patent of viceadmiral; for the power given to Mr. Dinwiddie by his commission, is not to take and receive an account of the Colonel as vice-admiral of that district, of what dues and perquisites of admiralty may have come to his hands or possession, which perhaps might have been justifiable; but he is thereby authorized to recover, seize, collect, and receive, all such dues and perquisites of the admiralty, of, and from, all and every person and persons whatsoever: whereas, the vice-admiral having that power vested in him by his patent, no other person can have a right to exercise it within his jurisdiction. And I take it, that the lords commissioners for executing the office of high admiral, are by their own patent restrained from granting this power of collecting and receiving the dues aud profits of the admiralty to other persons besides the vice-admirals and other officers belonging to the admiralty, in such manner and sort as they formerly were collected and received when there was an high admiral. Wherefore, I humbly conceive that this commission to Mr. Dinwiddie, being an innovation and an encroachment on the vice admiral's power as vested in him by his patent, the same cannot in law be justified and ought to be revoked. July 26, 1723.

WILL. STRAHAN.

(8.) The opinion of the Attorney and Solicitor-General, Yorke and Wearg, on the trial for a murder committed at sea.

Extract of a letter from Mr. Worsley, Governor of Barbadoes, to the Lords Commissioners for Trade and Plantations, dated the 24th of January, 1724-5.

"I have the honor to present to your Lordships, account of an accident that has lately happened here. The 4th of December last, the St. Christopher's galley, James Newth, commander, sailed out of this port, and the forts fired some random shot at her to bring her to, in that she had not put up the proper signal that was given her, or any other, which is to shew that she had cleared out of all the offices and had liberty to depart. The master, instead of bringing to, hoisted more sail, whence a matross of James's Fort, suspecting she had done something irregular, (as they often do in this part of the world, one about twelve months ago, attempting to carry away a custom-house officer,) fired a shot into her when she was about two miles off, which happened, unfortunately, to kill the mate, and wounded another man. The vessel immediately returned into port, and as soon as the master informed me of it, I inquired into the fact, upon which I found she had not put up her signal, the master complaining it was not a proper signal, being a tarpauling hoisted upon the flagstaff; and, though I found such signals had been sometimes given and had been put up, nevertheless as I thought it a very improper one, that there might be no such precedents for the future, I suspended the captain of the fort for some time: However, if the master of the vessel had not liked the signal, he ought not to have gone under sail till he had got another, and ought to have brought to upon the fort's firing. The difficulty, at present, I lie under, is to know whether, and where, the matross that fired the shot from James's Fort is to be tried, or what court can take cognizance of it. The person that was killed by a gun from the shore, was upon the high seas two mile; off of the shore, where, I apprehend, my jurisdiction does not ex

tend, and his Majesty's attorney-general here is of the same opinion."

We are of opinion, that the matross who fired the shot cannot be tried for the death of the mate in any court of common law, but that he ought to be tried for the same either in the court of admiralty at Barbadoes, or by special commission under statute of 11th and 12th W. 3. cap. 7 which is now the most known and usual method of proceeding in cases of felonies done upon the sea in those parts.

April 17, 1725.

P. YORKE.

C. WEARG.

(9.) The opinion of the Advocate, Attorney, and Solicitor-General, in 1761, on the same point.

Gentlemen;

Whitehall, Nov. 5, 1761.

I am directed by the Lords Commissioners for Trade and Plantations, to send you the inclosed copies of a letter, which their Lordships have received from the lieutenant-governor of New York, and of a report made to him by commissioners, appointed by a special commission for the trial of the master, mate, and several of the crew of a privateer, charged with the murder of some men belonging to his Majesty's ship Winchester, committed within a bay of that province.

I am further directed to acquaint you, that the law of New York upon which the commission for the trial of these persons was founded, was repealed by order in council of 5th of September, 1700, upon consideration of which, and of the statutes of Great Britain which have reference to admiralty jurisdiction, a doubt has occurred to their Lordships, whether there is in the colony of New York, or in any other of his Majesty's colo