admiral is bestowed by these writers as familiarly upon the Carthaginian Hanno, and Hamilco, as upon our own naval commanders. It is a matter of more curiofity to trace the origin of this office in England and in France, because we thus alfo nearly fix the period when they began to be maritime powers, fince the exiftence of the office muft of neceffity speedily follow the existence of a navy. Now it appears by the authority of John Tillius, a clerk of the parliament of Paris, who wrote De Rebus Gallicis, that the kingdom of France having been leffened by inteftine divifions, and its kings reduced to narrow dominions by their potent vaffals, fuch as the dukes of Normandy and Bretagne, and the earls of Flanders, Provence, and Languedoc, and having for a long time no command of the fea, it had confequently no occafion for admirals; and therefore, according to this author ! the firft admiral of France was Americus, or Amaurius, viscount of Narbonne (4), fo confti tuted in king John's reign, about the year 1300. And though fome pretend that there was an admiral even in the days of king Pepin, yet those who pay any attention to probability, do not pretend that Amaurius had any predeceffor except Enguarantus Dom de Caufy, about twenty years before, in the reign of Philip the Bold; at least not as admiral of all France, for it is said that (4) See the book called Laws of the Sea, p. 54. there were at one time two, at another time three admirals in France, dividing their jurifdiction according to the coafts of their feveral provinces refpectively. This high office, lord ammeral, in point of dignity, was next to that of the high conftable of France (5). The writers on the antiquity of the english maritime power, and its fovereignty of the fea, infift, apparently with truth, and in confonance with the natural progrefs of events in the history of the two nations, that the office of admiral was of much earlier date; and Exton and Godolphin, not content with fir Henry Spelman's judgment (who was of opinion that this high officer was not known in England by that name or ftile until the beginning of the reign of Edward the first, i. e. about the year 1272 (6), though the office was known long before) infift that both name and office were known at a much earlier period. They fay, that by an ordinance of king John made at Haftings, touching the fovereignty of the british fea in the point of ftriking fail, or veiling bonnets by the veffels of foreign nations. to the king's fhips, mention is made of the lord (5) See Godolphin, p. 21. (6) This bears a ftriking propinquity to the time when Caufy was appointed admiral of France; and when we look into history and see that about this time the seas were extravagantly infefted by pirates, which produced a war between England and France, we shall suspect a fimilarity of caufes. t high admiral of England; and that by an ancient record in the Tower of London, entitled, De fuperioritate maris Angliæ, & Jure Officii Admirullitatus in eodem, it appears that the Admiralty of England, and the jurifdiction thereof, was far more ancient than Edward the firft; and from age to age fucceffively, and time out of mind and this they confirm by many other authorities. Whatever may be the truth as to the name, the office was certainly known and used in England before the reign of Edward the firft; and therefore when an eminent writer fays (7) there was no fuch office till his reign, he muft mean, not known by that name; for my lord Coke fays (8), the admiral, and court of admiralty, were time out of mind; though he was at first called capitaneus maris, and by other names (9). In the latter part of the reign of Edward I. and during the whole reign of Edward II. Edward III. and Richard II. there appear for the (7) Mr. Reeves, Vol. III. p. 197. William de Leiburn is ftiled, 15 Edward I. admiraltus maris Angliæ: it is extraordinary that Spelman fhould fay in his gloffary, that Richard Fitzallan, in the reign of Richard II. was the first admiral of all England. (8) Coke, L. 260. (9) Thomas de Moleton, 48 Henry III. was conftituted capitaneus maris. See the Catalogue of Admirals in the Laws of the Sea, and confult Godolphin, Exton, and Zouch. moft part to have been two, and fometimes three admirals, ftiled of the north, weft, and fouth. When the fouth coaft, as fometimes was the case, was fuppofed to be comprehended in the weft, there were only two. There is only one perfon, during the period aforefaid, who is ftiled admiral of England, which is Richard Fitzallan, earl of Arundel, which probably is the reafon that Spelman fays he was the first admiral of all England; but William de Liburne, 15 Edward I. is called admiral of the fea of England, and had no partner in authority, though the office was foon after divided. The authority depended on the commiffion, and was fometimes for life, fometimes during pleasure. 7 In the reign of Henry IV. we find feveral perfons ftiled admirals of England; and in the reign. of Henry VI. thefe great officers began to be ftiled admirals of England, Ireland, and Acquitain. This is the title most frequently annexed to fucceeding admirals down to the reign of Charles II. though fometimes the names of Wales, Calais, &c. &c. are added. James, duke of York, is the first who is stiled admiral of England, Scotland, and Ireland. When the duke of York, afterwards James II. was excluded from office by the teft act, in -1673, the king declared, that he was determined not to confer it upon any other perfon for the prefent, but to have the fame executed by commiffioners (10), which was done accordingly; and to them was granted full power and authority to do, exercise, execute, and perform, all and every the powers, authorities, jurifdictions, acts, matters and things, which to the office of lord high admiral do appertain. There have fince been two lord high admirals, the earl of Pembroke, in the reign of prince William; and king George of Denmark, in that of queen Anne; but from the acceffion of the house of Hanover, the office has always been in commiffioners. The king therefore alone now holds the office of lord high admiral, but in a capacity diftinguishable from his real character; he reprefents that great officer, though in more modern times we do not usually speak of the lord high admiral, but of the king in his office of admiralty (11). The diftinct capacity in which he holds this power, will be more vifible hereafter when we come to fpeak of prize and prize droits, there being a moft material diftinction between thofe things which come to him jure coronæ, and those which come to him in his office of admiralty, a captor having no claim under the king's ufual proclamation to any share in the latter. The prodigious perquifites which had been granted by patent to the lord high admiral, or (10) See fir L. Jenkins' Letters, p. 705. 2d vol. |