The first part of this chapter focuses on the shift in Anglo-Spanish relations brought on by the death of the British ambassador in Madrid. It delves into the critical role that individuals can play during diplomatic negotiations and the subsequent effects they can have on issues relating to neutrality and sea power. Keene’s relationship with William Pitt and with Ricardo Wall largely kept Anglo-Spanish relations afloat and working toward an eventuality where Spain would remain neutral and willing to compromise on neutral rights. Keene actively worked to persuade Wall to accept the Court of Prize Appeal as the best mechanism to safeguard Spanish neutrality but failed to achieve his goal before he died. Keene’s successor, Lord Bristol, proved much less effective and relations between the two governments deteriorated further. It was under these trying political circumstances that the San Juan Baptista came before the Court of Prize Appeal. Lord Hardwicke’s intent appeared to be to ensure that the first Spanish appellate case be decided in favour of the Spanish in order to win Spanish government support for the Court of Prize Appeal as a fair and viable mechanism to safeguard neutral rights.

The cases of the Maria Theresa and the America were designed, by Hardwicke, Holderness, and Newcastle, to instil confidence in the Dutch government that the Court of Prize Appeal would safeguard the Dutch neutral rights that had been agreed throughout the first part of the war. They were also designed to instil confidence in British privateers and naval captains and ensure that French colonial trade carried in neutral ships could still largely be stopped and condemned as legal prize. This chapter focuses on the two appellate cases and the legal arguments presented. These are then tied to the legal and strategic maritime thinking of Lord Hardwicke and his creation of the Rule of the War of 1756. This rule became the bedrock for how Britain would understand and negotiate neutral rights over the course of the next major European maritime wars. The basic premise of the rule was that trade that was prohibited to a neutral during times of peace would be considered by the British prize court system to be prohibited in times of war. The chapter, through an analysis of Dutch cases in the Court of Prize Appeal, examines how and why Hardwicke developed this rule.

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.