Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Through this period the Cinque Ports maintained to some extent their
ancient privileges. The Warden of the Ports exercised the function
of admiral over mariners sailing from them. Nominally he was under
the authority of the Lord High Admiral but as a matter of fact he
exercised an almost independent jurisdiction until 1628.
As noted the issue of letters of Marque by the privy council was
authorized by statute but the carriage of such letters by privateers
does not seem to have been universally required, especially in war.
Efforts were made to restrain privateering by law for the benefit of
neutrals.
c. Significance.
What accounts for England's very early adoption in theory at least
of these advanced principles of maritime law? England's insular
position turned her people to the sea and commerce. The French wars
necessitated a continuous military and naval policy. It also brought
about internal unity and nationalism much earlier than in other
countries. Thus the state definitely organized and regulated the
navy. The great naval victories and the assumption by the king of the
title "master of the seas" increased the spirit of nationalism and
naval pride. There was however, a conflict between "the rights of the
king as sovereign lord of the sea entitled to demand for offence and
defence the service of all his subjects; the privileged corporations
of the sea port towns with their peculiar customs and great local
independence; and the private adventure of independent merchants and
mariners whose proceedings seem to be scarcely one degree removed
from piracy."[23] But as we have noted the king emerged from the
conflict victorious. The office of Lord High Admiral of all the seas
was created, the navy came to be considered a definite branch of
the royal administration. A royal navy was built up under Henry IV
and Henry V. The king affirmed his right to prize and his right of
jurisdiction over privateers and their captures.
But along with England's aggressive naval policy was her dependence
upon commerce. Successful commerce necessitated strict recognition of
neutral rights and a rule of order at sea, embracing the destruction
of piracy and illegal privateering. Thus the king established the
admiralty as a prize court, made treaties binding himself to the
protection of neutral rights, demanded adjudication of all prizes,
and sought by ordinance to restrain illegal privateering. After the
reign of Henry V the commercial interests of England won the upper
hand, the royal navy was sold, the naval protection was placed in the
hands of commissioned merchant privateers and more strict enforcement
of neutral rights was sought. Thus the conflict between an aggressive
naval policy and the protection and encouragement of commerce brought
about a very early recognition in England of advanced principles of
prize capture and distribution.
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