Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
Shortly after the restoration of Charles II in 1661 an act was
passed by parliament for the regulation of the navy.[12] Among other
things it forbids spoil of prizes before adjudication but especially
permits pillage on the decks. In 1749 this act was amended and the
ancient practice of giving up the decks to plunder was finally
forbidden.[13]
In ordinances issued before the Dutch war of 1664[14] and the French
war of 1666[15] all prizes were granted to the captors with the
sole reservation of the admiral's tenth. Prizes were also liable
to payment of customs duties. An order in council of the latter
date defined the rights of the king and admiral in prizes "bona
inimicorum"[16]. To the king by Jure Coronae belonged all prizes
driven into harbor by the king's ships, seized in port before war
broke out coming into port voluntarily or deserting from the enemy.
To the Lord High Admiral by Droits of admiralty belonged ships
captured at sea by non-commissioned captors, salvage due for ships
recaptured from the enemy, and ships forsaken by the crew unless in
the presence of the king's ships. In other cases the rule of the
ordinance held good, the admiral received only his tenth and the king
his customs duties the remainder going to the captors.
b. Administration.
From this brief resumé of the legislation of the seventeenth century
it is evident that the laws, reached, during this period, a certain
definiteness and stability which they had before lacked. In 1628 the
office of Lord High Admiral was temporarily put in commission and
given a more systematic organization. From this time the prize cases
of the court are recorded on separate records and condemnation before
distribution of prizes was the rule. Sir Leoline Jenkins says "And
the Admiral may inquire if any defraud the king of his prizes, or
the admiral of his one tenth part or buy or receive prize goods or
break bulk before they are condemned as prize or there be a decree
for an appraisement or sale."[17]
The prestige of the admiralty was increased through the fact that
the Warden of the Cinque Ports, Zouche, sold out his right to Lord
High Admiral Buckingham in 1624.[18] From this time the Courts of
admiralty were virtually supreme in maritime jurisdiction. Thus
Jenkins said, "The Admiralty has jurisdiction over offences, super
altum mare, punishable by laws of Oleron, laws of admiralty, or
laws or statutes of the realm."[19] The Cinque ports still retained
jurisdiction over certain matters. During the latter part of the
seventeenth century through the adverse pressure of the crown on the
side of its prize jurisdiction and of the common law courts on the
side of its instance jurisdiction the authority and prestige of the
admiralty court greatly declined.
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