APPROPRIATION AND DESTRUCTION OF ENEMY MERCHANTMEN Hall, §§ 149-152, 171, 269--Lawrence, §§ 183-191--Westlake, II. pp. 156-160--Phillimore, III. §§ 345-381--Twiss, II. §§ 72-97--Halleck, II. pp. 362-431, 510-526--Taylor, §§ 552-567--Wharton, III. § 345--Wheaton, §§ 355-394--Moore, VII. §§ 1206-1214--Bluntschli, §§ 672-673--Heffter, §§ 137-138--Geffcken in Holtzendorff, IV. pp. 588-596--Ullmann, § 189--Bonfils, Nos. 1396-1440--Despagnet, Nos. 670-682--Pradier-Fodéré, VIII. Nos. 3179-3207--Rivier, II. § 66--Calvo, IV. §§ 2294-2366, V. §§ 3004-3034--Fiore, III. Nos. 1426-1443, and Code, Nos. 1693-1706--Martens, II. §§ 125-126--Pillet, pp. 342-352--Perels, §§ 36, 55-58--Testa, pp. 147-160--Valin, _Traité des prises_, 2 vols. (1758-60), and _Commentaire sur l'ordonnance de 1681_, 2 vols. (1766)--Pistoye et Duverdy, _Traité des prises maritimes_, 2 vols. (1854-1859)--Upton, _The Law of Nations affecting Commerce during War_ (1863)--Boeck, Nos. 156-209, 329-380--Dupuis, Nos. 96-149, 282-301--Bernsten, § 8--Marsden, _Early Prize Jurisdiction and Prize Law in England_ in _The English Historical Review_, XXIV. (1909), p. 675; XXV. (1910), p. 243; XXVI. (1911) p. 34--Roscoe, _The Growth of English Law_ (1911), pp. 92-140. See also the literature quoted by Bonfils at the commencement of No. 1396. [Sidenote: Prize Courts.] § 192. It has already been stated above, in § 185, that the capture of a private enemy vessel has to be confirmed by a Prize Court, and that it is only through the latter's adjudication that the vessel becomes finally appropriated. The origin[379] of Prize Courts is to be traced back to the end of the Middle Ages. During the Middle Ages, after the Roman Empire had broken up, a state of lawlessness established itself on the High Seas. Piratical vessels of the Danes covered the North Sea and the Baltic, and navigation of the Mediterranean Sea was threatened by Greek and Saracen pirates. Merchantmen, therefore, associated themselves for mutual protection and sailed as a merchant fleet under a specially elected chief, the so-called Admiral. They also occasionally sent out a fleet of armed vessels for the purpose of sweeping pirates from certain parts of the High Seas. Piratical vessels and goods which were captured were divided among the captors according to a decision of their Admiral. During the thirteenth century the maritime States of Europe themselves endeavoured to keep order on the Open Sea. By-and-by armed vessels were obliged to be furnished with Letters Patent or Letters of Marque from the Sovereign of a maritime State and their captures submitted to the official control of such State as had furnished them with their Letters. A board, called the Admiralty, was instituted by maritime States, and officers of that Board of Admiralty exercised control over the armed vessels and their captures, inquiring in each case[380] into the