Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
[2] For brief discussion of many of the Maritime Codes see E. C.
Benedict, The American Admiralty, 4th Edition, Albany, 1910. The
so-called Rhodian Sea Laws are thought by Ashburner to date from the
seventh or eighth century A. D. Other writers place them later. The
earliest manuscript apparently dates from the fifteenth century. It
is well established that they have no connection with the ancient sea
laws of Rhodes but possibly they were authorized by the Byzantine
Caesars and undoubtedly they consist of laws recognized in the
Eastern Mediterranean in the middle ages. These laws relate only to
civil matters at sea and have no provisions dealing with prize but
in their general provisions they may have furnished a basis for the
maritime codes of a few centuries later, see Ashburner, The Rhodian
Sea Law, Oxford, 1909.
[3] Twiss, Introduction to the "Black Book of the Admiralty", Rolls
Series, No. 55, iii, 80.
[4] For discussion of the influence of the Consolato, see Twiss,
Consulate of the Sea, Encyclopedia Britannica, 11th Edition, vii, 23.
Ashburner takes a less favorable view of the Consolato. He considers
it a literary production giving the authors theory of sea law rather
than a correct statement of the law as it was. In his opinion more
confidence should be placed in the maritime statutes of the towns
such as the laws of Amalaric, St. Cuzala, Genoa, St. Ancon, Baracchi,
St. Caltaro, etc. than in the Consolato.--Ashburner, op. cit. p. 120.
[5] For discussion of the Laws of Oleron, see Twiss, Sea Laws,
Encyclopedia Britannica, 11th Edition, xxiii, 535; Sir John Comyn, A
Digest of the Laws of England, 5 Vols., Dublin, 1785, i, 271; also
note post p. 42.
[6] Wheaton, History of the Law of Nations, p. 62.
[7] For discussion of origin and early manuscripts see Twiss,
Introduction to "The Black Book of the Admiralty", iii, 26 et seq.
[8] For text of prize chapters of the Consolato, see English
translation by Dr. Robinson in his Collectanea Maritima, No. v;
quoted in Wheaton, History of the Law of Nations, p. 63; Original
and translation by Twiss, Black Book of the Admiralty, Rolls Series
No. 55, iii, 539; French translation by Pardessus, in his Collection
des Lois Maritimes Anterieures aux XVIII Siecle, ii, c 12, noted in
Wheaton, op. cit. p. 61, Walker, History of the Law of Nations, p.
116; See also note by Grotius, op. cit. iii, 9.
[9] Twiss, Introduction to Black Book of the Admiralty, iii, 76.
[10] Consolato Del Mare, c 285, quoted in Grotius op. cit. iii, 145.
[11] Wheaton, History of the Law of Nations, p. 66.
PART 2. THE NEW INTERNATIONAL LAW.
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