Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
[6] Ibid. 1648, c 12, p. 4.
[7] Ibid. 1648, c 15, p. 7.
[8] Ibid. 1649, c 21, p. 9.
[9] Marsdon, English Historical Review, xxvi, 40.
[10] Ibid. xxvi, 41.
[11] Acts of the Privy Council, Colonial, i, 302.
[12] 15 Car. II, c 7, s 6, 1663; Provision was first made for
establishing Vice Admiralty courts in the patent to James, Duke of
York, Lord High Admiral, in 1662. Governor Windsor established a
court at Jamaica in this year, Cal. St. Pap. Col. America and West
Indies, 1661-1668, p. 112, s 379; Marsdon, English Historical
Review, xxvi, 53.
[13] 13 Car. II, c 9, s 7, 1661.
[14] Marsdon, English Historical Review, xxvi, 44.
[15] Ibid. xxvi, 45.
[16] Ibid. xxvi, 47, see also Phillimore, op. cit. iii, 600.
[17] Sir Leoline Jenkins, Life of, by Wynne, i, 88, quoted in Comyn's
Digest, i, 271.
[18] Cal. St. Pap. Dom. Jac. I, 1623-1625, p. 304.
[19] Sir Leoline Jenkins, Life of, by Wynne, i, 87, quoted in Comyn's
Digest, i, 272.
[20] See Ante p. 24.
[21] 54 Geo. III, c 93, s 72, 1814.
[22] Marsdon, English Historical Review, xxvi, 53; Cal. St. Pap. Dom.
1690-1691, p. 92.
[23] Ibid. xxvi, 53.
[24] Ibid. xxvi, 55.
_CHAPTER IV. GREAT BRITAIN, RECENT LAWS._
PART 1. 1688-1864.
After the revolution of 1688 English methods of legislation became
in many cases crystallized into their present form. This was true of
prize money law. In 1692[1] the first statute granting prize money
to the captors was passed, for the purpose as the bill stated of
encouraging privateers in the pending war with France.
In connection with instructions for privateers issued in 1693[2]
provision was made that prize ships taken by privateers should go to
the captors but the king was entitled to one-fifth of the goods on
board, the other four-fifths going to the captors. Prizes taken by
king's or hired ships went, one-third to the widows and children of
the slain, the sick and the wounded; one-third to the officers and
crew; and one-third to the king. Gun money of five pounds a gun was
granted for capturing or destroying a man of war in addition to the
prize money. Recaptured ships were to be returned after payment of
salvage of one-third to one-eighth according to the time the vessel
had been in the enemy's possession.
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