Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
After the battle of Sluys in 1340 when Edward III became in fact
master of the seas, a title which kings of England had assumed
since the time of John, the king issued certain ordinances for the
distribution of prize.[1] A distinction was made between prizes taken
by ships in the king's pay and privateers. At that time there was no
navy owned by the state. In the former case the king is to receive
one fourth of the proceeds of all prizes, the owner of the vessel one
fourth and the remainder "shall belong to those who took them which
halfe ought to be shared equally between them". Out of the portion
going to the captors the admiral has two shares or as much as two
mariners from each ship, if he is present when the capture is made,
if absent he only receives one share. It is also provided that "ships
out of sight shall receive no share unless sailing toward and in
sight so as to help the takers if need be." The apparent purport of
this anomalous language being that joint captors must be of actual
constructive assistance to share. In the case of privateers the king
has no share of prizes. The whole amount goes to the captors except
the admirals perquisite which is the same as in the former case. It
is further provided that "whoever takes a ship ought to bring it
before the admiral, there to take and receive what the law and custom
of the sea requires", no plunder of the prize being permitted before
adjudication except on the decks.[2]
By a patent of 1386 the king gives all his share to the admiral[3]
and in the following year the whole of prizes is granted to
privateers.[4]
In 1406 a grant of Henry IV provides that ship owners shall have
prizes taken from the enemy but they must deliver up to the king
any prisoners they may take for whom a reasonable reward will be
given.[5] In the same year a letter from the admiral calls on all
mariners to enter the king's service and says that "whatever profits
and gains such persons shall make from the king's enemies on said
voyages they shall have and enjoy freely without impediment or
disturbance."[6] By statute of 1416[7] it was provided that letters
of Marque might be issued by the privy council to any one having
grievances against a foreign power. In such issues of letters
of Marque the profit of goods taken went to the captor to the
extent of the damages received. All goods in excess of that amount
were supposed to be returned but few cases of such return are on
record.[8] It was under authority of this act that letters of Marque
were issued in England until the final abolition of the practice in
the treaty of Paris of 1856.
Public-domain text, read in full here on John Shaqi.
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