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4 - Whose Goods Are These?

The Maria Theresa and the America in the High Court of Admiralty

from Part II - The Dutch Case Studies

Published online by Cambridge University Press:  25 April 2024

Anna Brinkman
Affiliation:
King's College London
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Summary

This chapter focuses on the court cases of the Dutch ships the Maria Theresa and the America. It analyses the legal arguments behind the condemnation of each ship as legal prize and how these arguments are connected to, and differ from, Anglo-Dutch negotiations over neutral rights and the Anglo-Dutch treaty of 1674. The chapter demonstrates that the Anglo-Dutch negotiations at the governmental level were led by four key British figures: William Pitt, Lord Holdernesse, the Duke of Newcastle, and Lord Hardwicke. Their connections with their Dutch counterparts were largely managed through Joseph Yorke who was the British representative to the Dutch Republic. These negotiations were driven by maritime strategic considerations. In contrast, early decisions taken in the High Court of Admiralty created friction between the Dutch and British governments. The Dutch believed that the condemnation of their ships was arbitrary and an abuse of Dutch neutral rights. The chapter reveals that in order to resolve this tension, the British government determined to encourage the Dutch to appeal the decisions from the High Court of Admiralty and promised that the cases would be fairly determined in the Court of Prize Appeal where decisions could be influenced and shaped by Lord Hardwicke.

Type
Chapter
Information
Balancing Strategy
Sea Power, Neutrality, and Prize Law in the Seven Years' War
, pp. 73 - 96
Publisher: Cambridge University Press
Print publication year: 2024

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  • Whose Goods Are These?
  • Anna Brinkman, King's College London
  • Book: Balancing Strategy
  • Online publication: 25 April 2024
  • Chapter DOI: https://doi.org/10.1017/9781009425599.007
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Whose Goods Are These?
  • Anna Brinkman, King's College London
  • Book: Balancing Strategy
  • Online publication: 25 April 2024
  • Chapter DOI: https://doi.org/10.1017/9781009425599.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Whose Goods Are These?
  • Anna Brinkman, King's College London
  • Book: Balancing Strategy
  • Online publication: 25 April 2024
  • Chapter DOI: https://doi.org/10.1017/9781009425599.007
Available formats
×