Capture at sea; Contraband of war; Privateering; Prize law; Prizes (Property captured at sea)
The Aegean sea was a nest of pirates and the profession was looked
upon not only as a legitimate means of emolument but was even
considered glorious.[22] They were frequently engaged in war as
mercenaries. Thus Psammilicha was reinforced by Carian and Ionian
pirates,[23] Euripidas and Aelotian employed pirates as mercenaries
in 218 B.C.[24] and Polyxenidas the commander of the fleet of
Antiocha entered into an alliance with Nicander, a pirate chief who
contributed five decked ships in 190 B.C.[25] In such cases of course
the state surrendered all right in controlling the distribution of
prize money or of itself sharing in the proceeds.
The Rhodian sea laws[26] are said to have been effective in the third
century B.C. in temporarily freeing the sea of Pirates[27] and giving
opportunity for considerable commercial advancement. Unfortunately
these laws have been almost entirely lost so we do not know what
measures were taken for disposing of the captured pirate vessels or
other enemy goods that might be considered prize.
It seems that the theory of the states control over prize applied in
naval as in land war but that in practice government authority at no
period of ancient Greek history extended very effectively over the
seas for any considerable length of time and that private property
was for the most part at the tender mercies of the pirates.
_NOTES._
Chapter I, Part 1.
[1] Grotius, Hugo. De Jure Belli et Pacis. 3 Vols. Original and
English translation from the Latin by William Whewell. Cambridge,
England, lib. iii, c vi, p. 104.
[2] Op. cit. iii, 123.
[3] Heroditus, ix, 79, quoted in Grotius, op. cit. iii, 123.
[4] Plutarch, Lysander, 442 a, quoted ibid.
[5] Xenophon, de Lacedemonia Republica, c 13, n 11, quoted ibid.
[6] Virgil, Aeneid, ix, 268, quoted ibid.
[7] Homer, Iliad, v, 331, quoted ibid.
[8] Euripides, Rhes. v, 182, quoted ibid.
[9] Pliny, xxxiii, 3, quoted ibid.
[10] Coleman Phillipson. The International Law and Custom of Ancient
Greece and Rome. 2 Vols. London, 1911.
[11] Heroditus, ix, 80, 81, quoted in Phillipson, op. cit. ii, 237.
[12] Thucidides, iii, 114; Heroditus, viii, 11, 123; Plutarch,
Alcibiades, 7; Plato, Synp. 220; quoted in Plato op. cit. ii, 237.
[13] Hershey, Amos S. The History of International Relations During
Antiquity and the Middle Ages. American Journal of International Law,
1911, v. 915.
[14] Homer, Iliad, lib ii, quoted in Blackstone, Commentaries, i, 259.
[15] Fustel de Coulanges, The Ancient City, English Translation from
French by Willard Small, 10th Edition, Boston, 1901, p. 293.
[16] Wheaton, History of the Law of Nations, New York, 1845, p. 5.
Walker, History of the Law of Nations, Cambridge, Eng., 1899, p. 41.
[17] "To a king or commander nothing is unjust which is useful."
Thucydides, History, lib vi, quoted in Wheaton, History, p. 5; see
also Hershey, op. cit. American Journal of International Law, v. 915.
[18] Phillipson, op. cit. ii, 381.
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