Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
"After the battle of Plataea there was a severe edict that no
one should privately take any part of the booty.[3] Afterwards
when Athens was conquered the booty was made public property by
Lysander[4] and the Spartan officers who had to deal with the
measure were called prize sellers.[5] If we go to Asia the Trojans
were accustomed as Virgil teaches to draw prize lots as is done
in dividing common property.[6] In other cases the decision of the
matter was with the general and by this right Hector promises Dolon
the horses of Achilles when he stipulates for them,[7] by which you
may see that the right of prize treasure was not in the captor alone.
So when Cyrus was victor, the booty was taken to him,[8] and when
Alexander, to him."[9]
In his work on International law among the ancients,[10] Phillipson
has presented similar instances of the distribution of booty. He adds
to the statement made by Grotius in regard to the battle of Plataea
that after making proclamation that no one should take the booty
"Pausanias ordered the helots to collect the treasure of which one
tithe was allotted to the Gods at Delphi, another to the Olympian
God, and a third to the God at the Isthmus, and the rest was divided
according to title and merit. An additional reward was also given
to those who particularly distinguished themselves, and a special
portion reserved for Pausanias."[11] and again, "In 426 B.C. when
Ambracia was reduced by the Acaranians with the help of the Athenians
under Demosthenes, a third part of the spoils was assigned to Athens,
three hundred panoplies to Demosthenes and the remainder divided by
the Acaranians among their cities."[12]
Similar practices have been noted by Prof. Amos S. Hershey in a
recent article. He says "It was customary to divide the booty amongst
the victorious soldiery, i.e. after devoting one tenth of the spoil
to the Gods and a portion to the leaders and warriors who had
particularly distinguished themselves."[13]
The Greeks also appear to have recognized the right of reprisal.
Thus in the Iliad, Nestor speaks of making reprisals on the Epeian
nation, in satisfaction for a prize won by his father Neleus at the
Elian games and for debts due to many private subjects of the Pylian
kingdom. The booty was equitably divided among the many creditors.[14]
This testimony is based on the writings of Herodotus, Plutarch,
Xenophon, Homer, Virgil, Pliny and other classical writers. It
has little bearing on our present subject except in so far as it
indicates the recognition even at so early an age of the principle
that the title to captured property does not rest in the immediate
captor but that proceeds of prize shall be equitably divided by the
general or other officer. In the case of the battle of Plataea there
seems to be also a recognition of the principle that prizes of right
belong to the whole public, in other words to the state.
Public-domain text, read in full here on John Shaqi.
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