Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
As has been indicated since the beginning of the eighteenth century
the principles of prize distribution in England have undergone but
little alteration. With the statutes of Anne parliamentary control of
prize matters became established and the method at that time adopted
of decreeing distribution by order in council authorized by act of
parliament has since been followed. The policy of giving all the
proceeds of prizes to the captors after legal adjudication before a
competent prize court has likewise been adhered to from that time.
By the reign of Anne, England was definitely established as an
imperial colonial power. Her Indian empire was founded, her American
colonies were flourishing, Marlborough's successful wars gave her
great European prestige. This necessitated the establishment of a
policy of naval supremacy, a policy which she has since maintained.
At the same time she realised her increasing dependence on commerce.
Numerous efforts were made to increase British trade at this time
through legislation. She understood that law must reign on the sea if
commerce was to prosper.[1] While she depended on her navy to protect
her trade routes, she recognized that she could not protect them
from the cruisers of all the world and so sought to respect neutral
rights. This necessity was realized slowly. During the eighteenth
century in pursuing her aggressive naval policy England several times
offended neutral powers as for instance by the rule of 1756 but in
the main neutral rights were respected and prizes were not taken or
distributed except with the strict sanction of law.
Thus as in former periods England's military policy has been
influenced by the two factors, commercial dependence and naval
aggressiveness. The interests of the former have compelled her to
respect neutral rights and maintain strict legality in all her
war-like measures. As reflected in her prize law it has brought about
powerful legal control of prize matters through prize courts of great
authority and unfailing justice. It has forced the crown to assert
its primal right to all prizes that it may restore them if policy
demands. It has put all prize law under the control of parliamentary
statutes, directing the policy of the law but has left the government
wide discretion in arranging the details to suit the exigencies of a
particular conflict.
The interests of the latter have impelled her to assert belligerent
rights to the utmost. England has always been the most reluctant of
all nations to abandon an established belligerent right at sea.[2]
Thus she still gives the whole of the proceeds of legally captured
prizes to the captors for the purpose of encouraging seamen, and
increasing the efficiency of the navy.
_NOTES._
Chapter VI, Part 1.
Public-domain text, read in full here on John Shaqi.
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