ses, for volumes of
reports of admiralty decisions were not published until the beginning
of Christopher Robinson's _Reports_ in 1798, and not many earlier
decisions have since been reported; but the first of the cases here
referred to may be one of the two, those of the _Laurel Tree_ and the
_Palm Tree_, on which Sir Leoline Jenkins rendered, in 1672, opinions
which are printed in Wynne's _Life of Sir Leoline Jenkins_, II. 770.]

[Footnote 5: Open battle.]

[Footnote 6: Taking.]

Lastly, I Observe the Words of the Stat. in the Case of Recaption[7]
Agree with the Words of the Law in the Cases put, for the words In the
Act are _shall be adjudged to be Restored to Such former Owner, etc.
Paying in Lieu of Salvage, etc._

[Footnote 7: 13 Geo. II. ch. 4, sect. 18.]

These things thus Premised I Come to the Consideration of the Point
before me, and am of Opinion the Prepon'ts are Not Entituled to Any
Salvage, for that the Owners were never Absolutely Divested of their
Property, as may fairly be Collected from what has been Before
mentioned. Its true the Prepon'ts had a Right or Claim to Salvage On
the Recaption, but before that right Cou'd be Adjudged lawfull to the
Recaptors the Briganteen was again taken by a Spaniard, which puts an
Entire End to Salvage for a former Recaption, because Retakeing and
Restitution begets Salvage but the Prepon'ts Retakeing is lost by the
Enemies Again takeing the Brig't, and in Fact its the Enemy that made
the Restitution. Therefore I decree the said Libel to stand dismist,
but inasmuch as the Prepon'ts have been in Part Instrumental towards
the Preservation of the said Briganteen and th'o not Strictly Speaking
by Law Entituled to Salvage and the Case being New, I decree the
Def'ts to pay all the Costs.[8]

ROB'T AUCHMUTY, Judge Ad'y.
7 Decem'r 1741.

[Footnote 8: From this decree of Judge Auchmuty the owners of the
_Revenge_ appealed (see docs. no. 151-158), but in vain. Opinions
might well differ, as did those of the civilians consulted in London,
doc. no. 153. High authorities declared that when a prize had been
taken into firm and secure possession, the title of the original
proprietor was completely extinguished, and was not revived by a
recapture (The _Ceylon_, 1 Dodson 105). But as to English practice,
the civilians of Doctors' Commons certified in 1678 that the custom of
the High Court of Admiralty was to restore the recaptured vessel to
the first proprietor, with salvage