Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
The civil wars of the middle Stuart period precluded a possibility
of prize-law development, rather it encouraged piracy and maintained
disorder. Parliamentarians and royalists authorized unrestrained
privateering against the opposition. During the Stuart exile, Prince
Rupert was at the head of an organized system of piracy. The Puritan
regime and the restoration period however witnessed a marked advance
in the legalizing of maritime methods. The Puritans stood for law
and popular control. They did much to crush piracy, required the
carriage of letters of marque by privateers and the first act of
parliament touching prize distribution appeared at this time. It is
to be noted however that while the government claimed prior rights
in prizes and demanded legal adjudication; in behalf of a forward
naval policy it displayed exceptional generosity to the captors,
in its rule of division of proceeds. Not only did all the prize go
to the captors but in addition bounty was granted in case of the
destruction or capture of armed vessels and medals were awarded for
specially meritorious acts. The extreme effort of the Puritans to
enforce legality at sea is evidenced by the effort to abolish the old
custom of pillage on deck and the great number of prize cases settled
in the court of admiralty at this period. During this time Zouche of
Oxford published his great work on international law and did much to
crystallize legal views on prize matters.[20]
The restoration period carried out the same principles in general
except that with the restoration of the office of Lord High Admiral
the old Droits d'Admiralty were revived. In these periods the humane
policy of apportioning a share of the prizes to the sick, wounded
and heirs of the slain was instituted, a policy continued in the
later practice of maintaining a naval hospital at Greenwich with the
proceeds of forfeited shares of prize money.[21] In 1690 the whole
privy council was constituted a court of appeal in prize cases.[22]
Vice Admiralty courts with prize jurisdiction had been established
in the colonies.[23] The colonial governor was usually the Vice
Admiral of the colony. The great trading companies were usually
granted large rights of reprisal but adjudication was required in the
court of admiralty. In 1690 the king received the admiral's share of
one tenth in a case involving a prize of 100,000 pounds captured by
the East India Company from the great Mogul.[24]
The legislation of the seventeenth century gave complete recognition
to the Grotian principles of prize distribution and in practice these
laws seem to have been applied regularly and consistently by well
established legal institutions.
_NOTES._
Chapter III, Part 4.
[1] Cal. St. Pap. Dom. Jac. I, 1623-1625, p. 476.
[2] Cal. St. Pap. Dom. Car. I, 1625-1626, p. 142.
[3] Marsdon, English Historical Review, xxv, 253.
[4] Henry Scobell, A Collection of Acts and Ordinances, London, 1658,
1649, c 21, p. 9.
[5] Ibid. c 21, p. 9.
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