Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Through the latter half of the fifteenth century, England was too
distraught by internal struggles to pay much attention to naval
matters and no progress was made in prize money laws.
It is impossible to tell specifically the effects of the prize money
laws in England at this early date. However, in so far as they formed
an important element in the general maritime laws, they undoubtedly
tended to create order at sea, to protect commerce and to increase
the king's jurisdiction over the sea forces. This coordination of
authority over sea war would tend to increase naval efficiency and
was an important element in making England a great sea power.
_NOTES._
Chapter III, Part 2.
[1] Black Book of the Admiralty, Rolls Series, No. 55, i, 21.
[2] Ibid. i, 31.
[3] Cal. Pat. Ric. II, 1385-1389, pp. 216, 253.
[4] Cal. Pat. Ric. II, 1385-1389, pp. 339, 342.
[5] Rotuli Parliamentorum, 7 Vols., London, 1767-1777, iii, 570, art.
22.
[6] Royal Commission of Historical Manuscripts, Reports, v, 501.
[7] 4 Hen. V, c 7, 1416.
[8] In a case of Reprisals against France, Cromwell returned the
excess over damages to the French ambassador, see Carnazza-Amari,
Traité de Droit International Public en Temps de Paix, French
translation from Italian by Montanari-Revest, 2 Vols., Paris, 1880,
ii, 599. Also in Phillimore, Commentaries on International Law, 3rd
Edition, 4 Vols., London, 1885, iii, 33.
[9] Rymer, op. cit. x, 368.
[10] Rot. Par. v, 59, art. 30; see also Acts of the Privy Council,
Sir Harris Nicolas, Editor, v, 128.
[11] 20 Hen VI, c 1, 1442.
[12] "The Laws of Oleron are the ancient usages, generally received
from Richard I, on his return from the Holy Land to Oleron, revised
and approved for matters marine and which all the people of the west
afterwards received for their affairs." Sir Leoline Jenkins, Life of,
by Wynne, i, 87, quoted in Comyn's Digest, i, 272; Marsdon doubts
whether Richard had anything to do with the origin of the Laws of
Oleron, Introduction to select pleas of the admiralty, Seldon Series,
vi; See also discussion by Twiss, Sea Laws, Encyclopedia Britannica,
11th Edition, xxiii, 535.
[13] See ante p 34.
[14] Black Book of the Admiralty, Rolls Series, No. 55, i, 145.
[15] Ibid. i, 135.
[16] Nicolas, Introduction to Acts of the Privy Council, v, 136.
[17] See ante p 26.
[18] Bynkershoek, Questiones Juris Publica, quoted in Phillimore, op.
cit. iii, 209.
[19] Rymer, op. cit. vi, 15.
[20] 13 Ric. II, c 5, 1390; 15 Ric. II, c 3, 1392.
[21] Black Book of the Admiralty, i, 151.
[22] 2 Hen V, St. 1, c 6, 1414.
[23] William Stubbs, The Constitutional History of England, 5th
Edition, 3 Vols., Oxford, 1903, ii, 289.
PART 3. 1485-1603.
a. Laws.
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