[19] Op. cit. iii, 144, taken from Leg. Hisp. iv, tit. xxvi, p. 2. [20] Op. cit. iii, 145, taken from Const. Gall. liv. xx, tit. 14, art. 1. [21] Op. cit. iii, 145. [22] Juris et Judicii Fecialis sive Juris Inter Gentes Explicatio, 1650 original and English translation from Latin by J. L. Brierly, T. E. Holland, Editor, 2 Vols., Carnegie Institution of Washington, 1911, ii. 112. [23] Post 81, 103. [24] Op. cit. ii, 115. [25] Le Droit de la Nature et des Gens, French translation by Barbeyrac, 2 Vols., Leide, 1759, ii, liv. viii, c 6, s 8, p. 558 et seq. [26] Op. cit. ii, 569. [27] Op. cit. ii, 570. [28] De Jure Belli et Pacis, Edition cited, ii, 122. _CHAPTER III. GREAT BRITAIN, HISTORICAL RESUME._ PART 1. EARLIEST TIMES TO 1340. a. Laws. The practice of Great Britain in prize distribution has always been remarkable for its extreme liberality to the captors of prize. Chancellor Kent has a note to the effect that by common law "goods taken from an enemy belong to the captor."[1] His authority is a case decided in King's Bench in 1697 which says, "And it was resolved by whole court that though, if goods be taken from an enemy it vests the property in the party taking them, by our (common) law, yet by admiralty law, the property of a ship taken without letters of mart vests in the king upon the taking, and this on the high seas."[2] The same view is expressed by a modern writer, who says, "The root of the prize system is found in the ancient doctrine that any person might seize to his own use, goods belonging to an alien enemy and this right extended to captures at sea."[3] A case in the reign of Edward III, 1343, bears out these opinions. The king of Aragon complained of a case of piracy by Englishmen and asked redress. Edward called his Chancellor and council and the decision was given that the alleged piracy was a case of lawful prize and that by the law maritime the goods belonged to the captor.[4] However, England very early recognized the contrary principle that prize of war of right belongs to the state and private individuals only acquire their title by grant of the crown or parliament. Thus by a patent of 1242, Henry III granted half of all prizes taken by them to masters and crews of king's ships and the same to the men of Oleron and Bayonne in their own ships.[5] In 1295 a letter patent provided that the whole of prizes taken by Bayonne ships should be shared equally between the owners and men[6] and in the Scotch expedition of 1319 Edward II also granted the whole of prizes to the captors.[7]