witnesses
are to be examined abroad, a commission issues for that purpose; but
in no case is it necessary for them to come to England. These solemn
proceedings are seldom resorted to. Standing Commissions may be sent
to any neutral country for the general purpose of receiving
examinations of witnesses, in all cases where the court may find it
necessary, for the purposes of justice, to decree an enquiry to be
conducted in that manner.[100]

[Sidenote: Prize Jurisdiction.]

The Jurisdiction over Prizes is exercised by the Judge of the
Admiralty, exclusively of every other judicature of the kind, except
in cases of appeal.

This Jurisdiction in matter of Prize, (whether it is coeval with the
Court of Admiralty, or, which is much more probable, of a later
institution, beyond the time of memory,) though exercised by the same
person, is quite distinct in its nature.

The Judge of the Admiralty is appointed by a commission under the
great seal, which enumerates particularly, as well as generally, every
object of his jurisdiction, but not a word of prize.

To constitute that authority, in every war, a commission under the
great seal issues to the Lord High Admiral to will and require the
Court of Admiralty, and the Lieutenant and Judge of the said court,
his surrogate or surrogates, and they are thereby authorised and
required to proceed upon all and all manner of captures, seizures,
prizes, and reprisals, of all ships and goods that are or shall be
taken, and to hear and determine according to the Courts of Admiralty
and the Law of Nations.

A warrant issues to the judge accordingly.

The Court of Admiralty is called the Instance Court; the other the
Prize Court. The manner of proceeding is totally different. The whole
system of litigation and jurisprudence in the Prize Court is peculiar
to itself.

[Sidenote: Common Law Courts not always excluded]

A thing being done on the high seas does not exclude the jurisdiction
of the Courts of Common Law. For seizure, stopping, or taking a ship
upon the high seas, but _not as prize_, an action will lie; but for
taking as _prize_, no action will lie. The nature of the question, not
the locality, excludes.

The end of a Prize Court is to suspend the property till condemnation,
to punish every sort of misbehaviour in the captors; to restore
instantly (full sail) if upon the most summary examination there does
not appear a sufficient ground; to condemn finally, if the goods