Maritime laws of England variable.

3. The English, then, in matters of maritime jurisprudence, are obliged to have recourse to the Roman law, and to the common law of the kingdom. For this reason the system of mercantile affairs is often varied by prohibitions, as to matters of fact and law, in regard to questions litigated in their maritime courts.

miralty, and particular statutes. It has jurisdiction of all matters arising on the high sea, and in many cases concurrent with the courts of common law. This is the ordinary court of admiralty spoken of in the books of English law. The other court, called the prize-court, has the sole and exclusive jurisdiction in all matters of prize, and proceeds according to the law of nations. Its origin seems obscure, and some doubt appears to be entertained whether it could not be held without a special commission. It is held, however, in consequence of a special commission issued every war, for that purpose. An appeal lies from the instance court to the king in chancery, who appoints delegates to hear the cause. From the prize court, it lies only to the lords commissioners of appeals, consisting chiefly of the king's council. Several vice-admiralty courts are also established in the British possessions in America, from which, when acting as instance or revenue courts, an appeal lies to the high court of admiralty, and when as prizecourts to the lords commissioners of appeals. In consequence of the strong representations made to the government of the great abuses of these courts, an act was passed the 2d day of July, 1801, "for the better regulation of his majesty's prize-courts in the WestIndies, and America, and for giving more speedy and effectual execution to the decrees of the lords commissioners of appeals." This act may be seen in the Appendix, No. 3, to Robinson's admiralty reports, Vol III. As to the origin and juridiction of the English courts of admiralty, see Brown's Law of Admiralty, 2d edition, chapters II, IV, V, VI, and VIII, and the books there cited....T. VOL. I. 3 E

Of the maritime laws of Holland.

4. In 1749, a bill was brought into the house of commons, entitled, a bill for amending, explaining, and reducing into one act of parliament, the laws rela ting to the government of his majesty's ships, vessels, and forces by sea; but the difficulty above mentioned, has prevented any discussion of this, or any other regulation on the subject.

ARTICLE XVI.

Of the Laws of Holland.

§ 1. THOSE who know that the Dutch have been always engaged in maritime commerce, will be disposed to believe, that they have digested a Code of naval laws. Yet Peckius and Vinnius, their principal writers on this subject, have done nothing more than to comment on the Roman law, in force among them, and to compare it with the usages of the republic. They follow, however, those laws which were observed in the ancient cities of Wisbuy, West Friezland, Rotterdam, and the Hanse-Towns. There are in Holland no laws peculiar to the country, except those made by Charles V, and Philip II, king of Spain.

2. Among this number, for example, are the Artikel Brief, or regulations of the states-general of the seven united provinces, concerning the military, and commercial marine; the ordinances of Amsterdam, Rotterdam, and Middleburg, relative to assurances

Ordinances and placards of Holland, relating to the marine, &c.

and averages, of which six editions have been published, since the first, in 1703; considerable additions were made, some years afterwards, which are mentioned by Ricard, in his Traitè de commerce d'Amsterdam, part 2, lib. 3, art. 2. This power possesses, besides, several placards, the most remarkable of which are those of the 6th June, 1702, to reward privateers; of the 28th July, 1705, of 1717, 1747, and 1748, for the same object ;(365) the placard and instructions for privateers, the 22d February, 1793, confirming the former of 1781.(366)

3. Holland has long wanted a maritime Code of its own.. It was difficult to establish one under the former system of government, when divided into scven provinces, each of which, or rather every city, possessing its peculiar usages, and private interests, always opposed to each other, it was impossible to unite in the establishment of a general system of legislation. At the present day, being formed into one regular republic, when a general peace shall restore maritime commerce, its first attention will, without doubt, be directed to the security of their commercial prosperity by good laws.*

(365) Recueil der Placaaten, Ordonnentien, &c. Bentrefende de contogen en verdere zeezacken, t. 1.

(366) Nierre Verzamelting van Placaaten, tom. 1, p. 36.

*

In Cleirac, p. 302, is the Coustoumier, pour l'Assurances d'Amsterdam, published the 31st January, 1598, in 56 articles....T.

Maritime laws of Spain.-Various Codes.

ARTICLE XVII.

Of the Lares of Spain..

§ 1. THE civil law of Spain consists of a great number of particular laws, from which the government has from time to time, made compilations in the form of Codes. Of these the most ancient is that of Alphonso the IXth, an edition of which was published in 1587, with a commentary, by Gregory Lopez. Others appeared in the reigns of Ferdinand V and Isabella of Castile, and Philip II.

2. These different Codes, designed for the merchant, as well as the military marine, have particular titles, such as, Fuero Juzgo, Fuero Real, Leyes de Partidas, Leyes de la Recopilacion, Curia Philipica. These different collections, form the principal maritime jurisprudence of that vast monarchy. The affairs of commerce, which concern individuals only, are decided by marine usages, in the manner and form received among the Contractaciones, that is the chief commercial houses, in the great cities of the kingdom.

3. The Consolato del Mare is received on the coasts of the Mediterranean, belonging to Spain; and in relation to warlike equipments, assurances, and various other objects, the particular ordinances known by the name of Capitulos de Barcelona, are also in force in those parts of the kingdom.

Different Codes of maritime law in Spain.

4. The laws and ordinances of the Consulate of Bilboa regulate the maritime affairs which arise on the coasts of the Atlantic. They were arranged and collected for the last time, under the reign of Philip V, and approved by the Council in 1760; some ordinances concerning average, and assurances were added to them, in 1768.

5. All matters which concern the commerce of the two Indies form a distinct class, and are subject to the laws and usages of the Contractacion, or Consulate of Seville, and of the port of Cadiz, and to the decisions and ordinances of the royal Council of the Indies. The first compilation of the laws and usages for those countries, was made in 1563; two others were added in 1680, and 1696. There is, besides, a law relative to privateers, Ordenanza para navegar en corso, of 1621, with las Cedulas,* of 1623, and 1624, and others of 1702, and 1718, the principal articles of which are inserted in the Tratado sobre de las Presas, by D'Habreu ;(367) another of 1740, and the last of the 1st July, 1779, with the regulation of the 15th March, 1780.(368)

(367) D'Habreu, Tratado sobre las presas. Bertodano, Collection de las Tratados, tom. 1, p. iii.

(368) Martens, Recueil des Traitès, tom. 4, p. 329.

* Orders, or decrees.