Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
A close Roll of 1325 states that men of the Cinque Ports had granted
one fourth of all prizes to the king.[8] The Portsmen by a grant of
William the Conqueror[9] enjoyed special privileges in prize matters
and claimed to enjoy prizes of their own right. In early times their
forces comprised the greater part of England's naval strength so
this privilege was quite important. However, the kings seem to have
wished to regain some of the jurisdiction which they had granted away
and in the case mentioned Edward II tried to gain jurisdiction over
the whole of the prize. In 1326 the king's primal right seemed to be
recognized as superior to that of the Portsmen for a grant of that
date is made by the king, of all prizes to the portsmen.[10]
b. Administration.
During this period no machinery for adjudication was established.
The only means through which the king could collect a share of prize
was through the common law courts and they proved in most cases
inadequate. The jealously guarded jurisdictions of the Cinque ports
also largely interfered with the king's perquisites in prize. Their
peculiar customs were held above the king's right. Thus in 1293 when
Edward I claimed a share of prizes captured by Portsmen they stated
that on the occasion in question they had hoisted a flag called the
"Baucon". This action meant a fight to the death in which case by
the universally recognized law of the sea all prizes captured by the
survivors belonged to them. Furthermore if the king endeavored to
interfere with them they would leave the country.[11] Such assertions
of independence probably prevented much state interference with prize
distribution at this period.
_NOTES._
Chapter III, Part 1.
[1] Kent, Commentaries on International law, Abdy edition, Cambridge,
1866, p. 271.
[2] King vs. Broom, 12 Mod. 135; 88 English Reports 1217.
[3] H. E. Smith, Studies in Juridical Law, Chicago, 1902, p. 139.
[4] R. G. Marsdon, introduction to select pleas of the Admiralty,
Seldon Series, vi.
[5] Rymer, Foedera, 20 Vols., London, 1704-1735, i, 408.
[6] Calendar of Patent Rolls, Ed. I, 1292-1301, m 16, p. 130.
[7] R. G. Marsdon, Early Prize Jurisdiction in England, English
Historical Review, xxiv, 675.
[8] Calendar of Close Rolls, Ed. II, 1323-1327, m 26, p. 412.
[9] D. J. Medley, A Student's Manual of English Constitutional
History, Oxford, 1907, p. 485.
[10] Rymer, op. cit. iv, 226.
[11] Marsdon, English Historical Review, xxiv, 677.
PART 2. 1340-1485.
a. Laws.
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