Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Thus during the Tudor period new developments of prize money law
were found. During the period and especially the latter part of
it, England's policy was one of extreme naval aggressiveness.
But instead of being restrained by the commercial necessities of
the previous epoch it was increased by the renaissance spirit of
adventure. England's national unity was established, the enthusiasm
of discovery, the experience of immemorial acquaintance with the
sea impelled her people into an unparalleled career of sea conquest.
Thus during the Elizabethan period it is not surprising to find a
retrogression in prize law. Belligerent rights were enforced at the
expense of neutrals. Naval warfare was almost exclusively in the
hands of privateers. The admiral still retained his right to a tenth
of prizes, the queen received a varying share, but the greater part
went to the privateers and at no time was there a definite rule of
distribution. While she publicly disavowed illegal depredations by
her privateers Elizabeth secretly encouraged them.
The actual control of the crown over prize matters does not seem to
have been lost. Illegal depredation of privateers was not due to
inability of the administration to control them but to the definite
policy of the crown. The high court of admiralty was revived in
1524 after a period of dormancy during the civil wars and its
definite records date from that time. It exercised a constant prize
jurisdiction. In 1558 the case of Gonner vs. Pattyson[11] came before
it. Gonner obtained a decree granting him a vessel on the plea that
"he by right of war captured as lawful prize the said ship--belonging
to Scotchmen, foes and enemies of this famous realm of England--and
that the captors were and are by reason of the premises true owners
and proprietors thereof." In Matthews vs. Goyte,[12] 1565, the
sentence decreed division between joint captors. In 1577 a definite
effort was made to suppress piracy. A commission was appointed to
judge and summarily punish pirates with rather effective results.
Public-domain text, read in full here on John Shaqi.
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