Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
The period of the hundred years war, thus brought about definite
progress in prize money laws. Prize distribution became the subject
of definite ordinances. In Edward Third's ordinance most of the
principles of prize distribution mentioned by international law
writers of three centuries later were enunciated.[17] The issuance
of such an ordinance implied a recognition of the principle, "bello
parta cedunt reipublicae"[18] the original title to prize vests in
the state. Definite rules for distribution were declared and most
important of all, adjudication of prizes by a competent court was
demanded before distribution. The office of admiral was created by
Edward I in the year 1300 when Gervase Alvard was appointed Admiral
of the Cinque Ports. At first several admirals were appointed with
jurisdiction over different portions of the sea. In 1340 owing to
difficulties which he got into with neutral powers, who complained
of the depredations of English privateers, the court of admiralty
was created with prize jurisdiction in such cases. The first mention
of prize courts is in 1357.[19] Attempts were made by the common law
courts to retain their jurisdiction but it soon became recognized
that sea matters were properly under the control of the admiralty.
In 1360 one admiral was appointed for all the fleets in the person
of Sir John Beauchamp. The duties of the office were greatly
extended, in fact it claimed so wide a jurisdiction that in the reign
of Richard II two statutes[20] were passed greatly limiting the
Admiral's power.
The office of admiral was of a two-fold character. He was not only
commander-in-chief of the navy and as such entitled to share in
prizes, but also he exercised the king's power of jurisdiction over
the sea and in this capacity presided over the courts of admiralty
and the prize courts. In the latter capacity the connection of the
admiral with the privy council was very close. He was himself a
member of the privy council and that body always exercised final
jurisdiction in prize cases if it saw fit. It should be understood
that no normal adjudication of all prizes was at this time required.
In the Black Book of the Admiralty the admiral was given vigorous
means of collecting his perquisites, "inquiry is to be made of
all ships, who have not paid the admiral his share, the names
of the captors, masters, owners and value of goods taken is to be
presented."[21] Thus it was only in special cases where the admiral
had heard of a capture and had not received a share or where some
party made a complaint, that a case was adjudicated. The great
majority of cases never came before the court and the captor had
undisturbed possession.
The apparent insufficiency of the admiralty in prize cases brought
forth a new set of officers in 1414, the Conservators of the
Ports.[22] These officers had criminal and prize jurisdiction in
maritime cases but the plan seems to have been attended with small
success and soon fell into desuetude.
Public-domain text, read in full here on John Shaqi.
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