Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
[14] Livy, xxx, 14; 11 Appian Pun. 28, quoted in W. E. Heitland, The
Roman Republic, 3 Vols., Cambridge, England, 1909, sec. 385.
[15] Heitland, op. cit. secs. 246, 436; Phillipson, op. cit. ii, 369.
[16] Heitland, op. cit. sec. 161.
[17] Heitland, op. cit. sec. 245.
[18] Heitland, op. cit. secs. 949, 960.
[19] Cicero, Verres, i, 56, 57, quoted in Heitland, op. cit. sec. 965.
[20] Heitland, op. cit. sec. 993.
[21] Kent, Commentaries, Holmes, Editor, 12th Edition, 4 Vols.,
Boston, 1893, i, 95.
[22] de Coulanges, op. cit. 293.
[23] Wheaton, History of the Law of Nations, p. 25.
_CHAPTER II. DURING THE MIDDLE AGES._
PART 1. MARITIME CODES.
"In the dark ages, between 476 and 800 A.D. International law reached
its nadir in the West".[1] Private war, on land and piracy at sea
were unrestrained. There were of course no laws providing for the
division of prize money.
By the eleventh and twelfth centuries many cities of the
Mediterranean and North seas had become powerful commercially and
issued laws for determining maritime affairs. Such were the Amalfitan
Tables, the Judgments or Roles of Oleron, the Laws of Wisby, and
the Consolato del Mare originating in Barcelona.[2] As these laws
simply stated the universal customs of the sea it came about that
all maritime towns would adopt one of these codes.[3] Thus by the
fifteenth century the Consolato del Mare was recognized maritime law
in most of the commercial cities of the Mediterranean[4] while the
Judgments of Oleron were in a similar way recognized by the towns
of the North Sea.[5] These laws were intended primarily to regulate
the private relations of mariners, owners and merchants, but on
account of the necessity of protection from pirates many of them
also included laws of maritime war and prize. State organization
had not developed sufficiently to afford protection to merchants on
the sea, consequently the merchants themselves formed protective
organizations, furnished armed cruisers for making prizes and
established consulates for judging maritime cases and for enforcing
the definite codes of maritime law.[6]
The Consolato Del Mare may be taken as an example of the maritime
codes. It probably originated in the thirteenth century. The earliest
known manuscripts are in the Catalonian language and apparently were
engrossed in the middle of the fourteenth century. The earliest
printed copy is dated 1494 and is also in the Catalonian language.[7]
The chapters on prize law, state the principles on which enemy
property may be captured. In general the principle is established
that enemy vessels and neutral goods are exempt. Originally the
armed merchantmen were in no way bound to any state so no commission
delegating state authority to make captures is mentioned. Apparently
the prizes had to be adjudicated at the consulates established by the
merchant leagues.[8]
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