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Concerning all Casualties at Sea, Goods wrecked, Flotson and Jetzon, Lagen, Thares [?], Things cast overboard and wreck of the Sea, and all Goods taken or to be taken as Derelicts or by chance [found or] to be found, And all other Trespasses, Misdemeanors, Offenses, Enormities and maritime Crimes whatsoever done and committed or to be done and committed as well in and upon the high Sea as all Ports, Rivers, Fresh Waters and Creeks and Shores of the Sea to high Water Mark, from all first Bridges towards the Sea, in and throughout our said Province of South Carolina, and Maratime Coasts thereunto belonging, howsoever, wheresoever or by what Means so ever arising or happening, and all such Things as are discovered and found out as allso all fines, Mulcts, amercements and Compositions. due and to be due in that Behalf To tax, moderate, demand and collect and levy and to cause the same to be demanded, levied and collected, and according to Law to compose and command them to be paid, and also to proceed in all and every the Causes and Business above recited, and in all other Contracts, Causes, Contempts and Offences whatsoever, howsoever contracted or arising (so that the Goods or Persons of the Debtors may be found within the Jurisdiction of our Vice Admiralty in our Province of South Carolina aforesaid) according to the Civil and Maritime Laws and Customs of our said high Court of Admiralty of England anciently used, and by all other lawful Ways, Means and Methods according to the best of your Skill and Knowledge, And all such Causes and Contracts to hear, examine, discuss and finally determine (saving nevertheless the Right of appealing to our aforesaid High Court of Admiralty of England, and to the Judge or President of the said Court for the time being, and saving always the Right of our said high Court of Admiralty of England, and also of the Judge and Register of the same Court, from whom or either of them it is not our Intention in any thing to derogate, by these Presents) and also to arrest and cause Flotsam, goods found floating on the water from a wreck; jetsam, goods thrown overboard from a ship which has perished; legan, heavy goods thrown overboard with a line and buoy to mark where they have sunk; derelicts, vessels abandoned on the seas.

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and command to be arrested all Ships, Persons, Things, Goods, Wares and Merchandizes for the Premisses and every of them and for other Causes whatsoever concerning the same wheresoever they shall be met with or found within our Province of South Carolina aforesaid and the Territories thereof, either within Liberties or without, And to compel all manner of Persons in that behalf, as the Case shall require, to appear and to answer, with Power of using any temporal Coertion and of inflicting any other Penalty or Mulct according to the right Order and Courses of the Law, summarily and plainly, looking only unto the Truth of the fact. And we impower you in this Behalf to fine, correct, punish, chastise and reform and imprison and cause and command to be imprisoned, in any Gaols being within our Province of South Carolina aforesaid and maritime places of the same, the Parties guilty and Violators of the Laws and Jurisdiction of our Admiralty aforesaid and Usurpers, Delinquents, and contumacious Absenters, Masters of Ships, Mariners, Rowers, Fisher men, Shipwrights and other Workmen and Artificers whomsoever exercising any kind of maritime Affairs as well according to the aforesaidmentioned civil and maritime Laws and Ordinances and Customs aforesaid and their Demerits As According to the Statutes and Ordinances aforesaid and those of our Kingdom of Great Britain for the Admiralty of England in that behalf made and Provided, And to deliver and absolve, to discharge and Cause and Command to be discharged, whatsoever Persons imprisoned in such cases, Who are to be delivered, and to promulge and interpose all manner of Sentences and Decrees and to put the same in Execution, with Cognizance and Jurisdiction of whatsoever other Causes, Civil and Maritime, which relate to the Sea or which any Manner of ways respect or Concern the Sea or passage over the Same or Naval or Maritime Voyage performed or to be performed or the Maritime Jurisdiction above said, with power also to proceed in the same According to the Civil and Maritime Laws and Customs of aforesaid Court anciently used, as well those

of meer Office Mix'd or promoted as at the Instance of any Party, as the Case shall require and seem Convenient. And we do by these presents, which are to continue during our Royal Will and pleasure only, Further give and grant unto you James Michie Esq., Our said Commissary, the Power of taking and receiving all and every the wages, fees, Profits, Advantages and Commodities whatsoever in any manner due and anciently belonging to the said Office, According to the Custom of our High Court of Admiralty of England, Committing unto you our Power and Authority Concerning all and Singular the Premises in the several places above Expressed (Saving in all the Prerogative of our said High Court of Admiralty of England aforesaid) together with power of Deputing and Surrogating in your place for and Concerning the premisses one or more Deputy or Deputies as often as you shall think fit. Further we do in Our Name Command and firmly and Strictly Charge all and Singular Our Governors, Commanders, Justices of the Peace, Mayors, Sheriffs, Marshalls, keepers of all our Goals and Prisons, Bailiffs, Constables and all other our officers and Ministers and faithful and Leige Subjects in and throughout our aforesaid Province of South Carolina And Territories thereuntobelonging That in the Execution of this our Commission they be from time to time Aiding, Assisting and yield due Obedience in all things as is fitting, unto you and your Deputy Whomsoever, under pain of the Law and the Peril which will fall thereon. Given at London in the High Court of Our Admiralty of England aforesaid under the Great Seal thereof the Sixteenth Day of June in the Year of our Lord One Thousand Seven and fifty three and of our Reign the twenty sixth. SAML. HILL, Register."

I.e., cases where there was no one corresponding to the plaintiff in a suit at common law, but where the judge proceeded, as an exercise of his own duty (mere office) or on being promoted (incited) thereto by an informer.

Register of the High Court of Admiralty.

182. Warrant to try Prizes. June 5, 1756.1

By the Commissrs. for Executing the Office of Lord High Admiral of Great Britain and Ireland etc.

Whereas his Majesty had declared Warr agt. France we do in Pursuance of His Majesty's Commissn. under the great Seal of Great Britain dated fourth day of this instant June (a Copy whereof is hereunto Annexed) hereby will and require the Vice Admiralty Court of South Carolina, and the vice Admiral, or his Deputy, or Judge of the said Court, or his Deputy, now, and for the time being, to take Cognizance of, and Judicially to proceed upon all and all manner of Captures, Seizures, Prizes and reprizals of all Ships and goods already Seized and taken, and which hereafter may be seized and taken, and hear and determine the same and according to the Course of Admiralty and Law of Nations, to adjudge and Condemn all such Ships, Vessels and Goods as shall belong to France or the Vessels and subjects of the French King, or to any other inhabiting within any of his Countries, Territories or Dominions, and all such other Ships, Vessels and Goods as are or shall be liable to Confiscation pursuant to the respective Treaties. between his Majesty and other Princes, States and Potentates which shall be brought before them for Trial and Condemnation, And for so doing this Shall be their sufficient Warrant. Given under Our Hands and Seal of the Office of the Admiralty this fifth day of June 1756 and in the twenty ninth year of His Majestys Reign.

ANSON.2
BATEMAN.
R. EDGCUMBE.

South Carolina Admiralty Records, vol. E-F, p. 115. This warrant is there entered in the records of the admiralty court for Nov. 22, 1756, the judge, James Michie (see the two preceding documents), presiding. Great Britain had declared war against France on May 18, 1756. A similar warrant is in Anthony Stokes's View of the Constitution of the British Colonies (London, 1783), p. 280.

Lord Anson, the celebrated admiral, was at this time first lord of the admiralty. The other commissioners signing were John, second viscount Bateman, an Irish courtier, and Richard Edgcumbe, afterward the second Baron Edgcumbe, celebrated as a dissipated wit.

To the Vice Admiralty Court of South Carolina and the Vice Admiral or his Deputy or the Judge of the said Court or his Deputy, now, and for the time being.

Antigua.

By Command of their Lordships
J. CLEVLAND.3

183. Standing Interrogatories. 1756.1

In the Court of Vice
Admiralty.

Interrogatories administered to witnesses in preparatorio, touching and concerning the seisure and taking of a certain Schooner, named Princess of Orange, alias Flying Fish, whereof Casparus Wyneburgh was Master, by the private Schooner of War Mary, whereof Edward Richards is Commander.

1. Where was you born, and where do you now live, and how long have you lived there, and where have you lived for seven years last past? are you subject to the Crown of Great Britain, or of what Prince or State are you a subject?

2. When, where, and by whom was the schooner and lading, goods and merchandises, concerning which you are now examined, taken and seised, and into what place or

John Clevland, secretary to the Admiralty 1751-1763.

'From Anthony Stokes's View of the Constitution of the British Colonies (London, 1783), pp. 284-288; already in print, but inasmuch as the most learned of American admiralty judges told the editor of this volume that he had never seen a set of the standing interrogatories, that were used at this period, it seems not superfluous to print one here. Later sets, more elaborate, as used in 1798, may be found in Christopher Robinson's Admiralty Reports, I. 381-389, and in Marriott, Formulare Instrumentorum (London, 1802), pp. 130-148. Since in civil-law procedure witnesses were not examined orally in open court, but all testimony was obtained in the form of written depositions, it was advisable in prize proceedings, in order that examinations might be thorough and searching, to employ standard sets of questions, ready-made. Anthony Stokes (1735-1799), from whose book the present specimen is taken, was an English or Welsh lawyer, practised law in Antigua and St. Christopher 1763-1769, and was chief-justice of Georgia, 1769-1776, 1779-1782, then retired to England as a loyalist. His book contains many specimens of documents used in proceedings before the vice-admiralty courts in the colonies.