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The Vice-Admiralty Court at Gibraltar

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This article was originally one of a set of memoranda available only on paper in The National Archives' reading rooms. It acted as a signpost to records of interest on a particular historical subject. It may have been compiled many years ago and could be out of date. Please feel free to edit this page to improve the information

This memorandum was originally written in June 1992

The earliest Vice-Admiralty appointments at Gibraltar appear to have been made on 31st March 1727 when the Board of Admiralty issued warrants for the appointment of the Governor (Lord Portmore) as Vice-Admiral and of Edward Franks as Registrar.[1] The occasion for these measures was no doubt the siege of the fortress by the Spaniards which opened in 1726 and led early in 1727 to Lord Portmore sailing from England with reinforcements to take up his post. Possibly, Gibraltar had previously fallen for Vice-Admiralty purposes within the jurisdiction of Minorca where Vice-Admiralty officers appear to have been first appointed in February 1718.[2]

Notwithstanding these appointments, we find that on the 20th March 1730 the Board of Admiralty resolved to seek powers from the King in Council to appoint Vice Admirals and officers of Vice-Admiralty courts in Minorca, Gibraltar, Nova Scotia and other places overseas; the Board (it was then argued) being enabled by their patent to make such appointments only in places where it had previously been customary for them to do so, and not therefore in new Colonies.[3] This memorial was on the 10th April referred by the Privy Council to a Committee of the Council, who in turn referred it to the Attorney and Solicitor General. The Law officers' report was read on the 23rd Nov., but it was not thought necessary to give any orders for establishment at that time and action on the report was accordingly postponed.[4] It is at first sight curious that having already appointed Vice-Admiralty officers at Gibraltar in 1727, this was impugned and that their Lordships thought it well to put themselves on the right side of the law.

The matter was apparently not raised again until the 2nd August 1739 when, no doubt upon further motion by the Board of Admiralty, the King's Advocate and the Attorney and Solicitor General were requested by Order in Council to advise how the Governors of Minorca and Gibraltar might best be authorised to grant Letters of Marque and Reprisal against vessels and goods belonging to Spain, against whom war had just broken out. The Law Officers reported on the 10th August in favour of the issue of an immediate commission from the Crown to the Admiralty board. They added, however, that to make this effectual a court of Admiralty would be necessary in each Colony. The report was read at The Council Board on the 20th August and was agreed to, and the Admiralty were recommended to establish such courts "in case such courts be not already established".[5]

The foregoing Order in Council was read at the Admiralty Board on the 23rd August.[6] It must have struck their Lordships immediately that they were still without powers to establish these courts and their thoughts must have turned to the memorial of 1730. Accordingly they memorialised the King the next day. They recited the last Order in Council and expressed their doubts as to whether they were empowered to take the court recommended.[7] On the 29th August a committee of the Council reported that they had reconsidered the memorial and report of 1730 and that in their view authority for the establishment of the Courts might be given by letters patent. Should the King, it was added, grant such authority it might be made perpetual by inserting an appropriate clause in all future Admiralty commissions. An Order in Council of the 6th September put the Committee's findings into effect and the necessary patent issued on 29th September.[8] On the 4th October warrants for the appointment of Joseph Sabine, the Governor, to be Vice-Admiral of Gibraltar and Streynsham Masters, to be judge of the Vice-Admiralty Court there was directed in the customary way to the Judge of the High Court of Admiralty.[9] On the 3rd March 1740 a warrant was issued for the appointment of Major General Jasper Clayton, the Governor, as Vice Admiral. In the preamble to this an express reference was made to the letters patent of the 29th September, the original of which was sent under cover of the warrant to the High Court for preservation there.[10] On the 11th July a warrant was issued for the appointment of William Chalmers as judge of the Vice-Admiralty court.[11]

The conclusion to be drawn from this slightly complicated story is that the Vice-Admiralty court at Gibraltar was first duly established in Sept. 1739. Perhaps it may be added that from 1727 powers doubtfully existed for the establishment of a Court, but the evidence suggests that none was in fact erected. In any case, no warrant for the appointment of a judge has been found prior to October 1739.

[edit] Notes

  1. ↑ ADM 2/1052 ff. 537-8
  2. ↑ ibid. f. 120.
  3. ↑ ADM 3/38
  4. ↑ Acts of the Privy Council, Colonial Series, Vol. III p.273 and PC 2/95 f.331.
  5. ↑ PC 1/5/28; PC 2/95 321 - 322
  6. ↑ In ADM 1/5157
  7. ↑ ADM 7/339 f.533
  8. ↑ Acts of the Privy Council, Epionial Series, Vol. III p.274; C.66/3601 No.42
  9. ↑ ADM 2/1053 f.458
  10. ↑ ibid f.500
  11. ↑ ibid f.571
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