It is an axiom of international law that, when two nations are at war, every subject of each is at war with every subject of the other; and, in view of this fact, it appears extremely doubtful whether any merchant vessel is not at liberty to capture one of the other side, if she be strong enough. It is, in fact, laid down by Sir Travers Twiss, a high authority, that if a merchant vessel, attacked by one of the enemy's men-of-war, should be strong enough to turn the tables, she would be entitled to make a prize of her: an unlikely incident, of course. It is unnecessary, however, to enter upon further discussion of this subject, which would involve us in very knotty problems, upon some of which the most accomplished authorities are still at variance, and which would afford very indifferent entertainment for the reader, who will now turn over the page and follow the fortunes of our privateers--which will be found by no means devoid of interest, in spite of strict adherence to the plain unvarnished truth. [Footnote 1: Sir Harris Nicolas, in his "History of the Royal Navy," interprets the Latin word _marcare_ (or _marchare_) "to mark," and, in referring to this incident, says that Bernard was accorded the right of "_marking_ the men and subjects of the King of Portugal," etc. It is curious that so diligent and accomplished a chronicler should have fallen into this error. The verb _marcare_, as he would have discovered by reference to the "Glossarium" of Du Cange, the learned French archæologist, was in fact a bit of "law Latin," coined for a purpose; that is, to express in one word the rights conceded by a letter of marque; it will not be found in any ordinary Latin dictionary. The grant of a licence to "mark" the subjects of some monarch, and their goods, is, indeed somewhat of an absurdity--clearly, the "marker" would first have to catch the men and their possessions!] [Footnote 2: In an original letter formerly in the possession of the late Sir William Laird Clowes, quoted by him in "The Royal Navy."] TWO EARLY INCIDENTS CHAPTER II ANDREW BARTON There was living at the commencement of the sixteenth century a Scotsman, named Andrew Barton, who acquired considerable notoriety by reason of his exploits at sea; and indeed, he was instrumental in bringing to a definite issue the condition of high tension existing between England and Scotland at that time, which culminated in the battle of Flodden Field. It appears, from certain State Papers, that one John Barton, the father of Andrew, somewhere about the year 1476, in the reign of James III. of Scotland, got into trouble with the Portuguese, who captured his vessel and goods and otherwise ill-treated him; upon representation of which injuries he obtained letters of marque against the Portuguese, in the usual terms.