Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
After the wars of the roses prize distribution was still occasionally
decreed by special letters patent. In his famous voyage of 1496 John
Cabot was by letter patent required to give one fifth of all prizes
to the king.[1] In 1512 the admiral guaranteed to turn over to the
king one half of "all manner of gaynes and wynnyngs of werre".[2]
This rule was repeated in 1521.[3] Frequently the charters of
vessels authorized them to take prizes. The charter party of the
ship "Cheritie" dated 1531 says: "and yff the sayd shyppe take any
pryse, purchase any flotson or lagen, hit shalbe devyded into III
equal parties, that ys to the sayd capmerchaunte the one parte and
to the owner the second parte and to the master and his companye the
therde parte."[4] Similarly the charter party of the "George", 1535,
provided that: "If any prize, purches, flotezon, or lagason or any
other casueltie happe to be taken by the saide ships in this her
present viage the saide merchaunt shall have his juste parte thereof
accordyng to the lawe of Oleron."[5] In the rule of 1544 mariners
carrying letters of marque were granted the whole of their prizes
without accounting to the admiral or warden of the ports for any.[6]
A similar proclamation was issued by Mary in her French wars of
1557.[7] With few exceptions however the admiral had a right to one
tenth of all prizes.
Elizabeth increased this share to one third in the case of captures
made by the queen's ships but it remained one tenth in the case of
privateers. In 1585[8] Elizabeth issued a proclamation authorizing
the Lord High Admiral to issue letters of reprisal to all who showed
that they had suffered losses from Spain. Rules for distribution of
proceeds and for the conduct of privateers were included. Similar
proclamations have been issued by the sovereign of England at the
beginning of every subsequent war in which privateering was allowed.
The proclamation provided for the division of the proceeds, one third
to the owners, one third to the victualer, and one third to the
officers and crew. The captain also was entitled to the best piece
of ordnance and the master the best anchor and cable. Officers and
crew were especially granted the right of pillage on the decks.[9] In
1589 Elizabeth was in alliance with Henry IV of France. A remarkable
proclamation of this time authorized English subjects to take letters
of marque from the French king and provided that he should be
entitled to one fifth of the proceeds of all prizes.[10]
b. Administration.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account