Prize Money

[6] England's delegates, Messrs. Twiss, Westlake, Lorimer, and Bernard gave the only dissenting votes to the proposition favoring the abolition of the right to capture private p...

In considering the present theory of prize money distribution in England and Judicial opinion on the subject, the classification[1] adopted in summarizing the conclusion of the...

To discuss the effects of England's prize money law is a very difficult task. However a few remarks may be made considering the question with reference to its effect, first, on...

After the battle of Sluys in 1340 when Edward III became in fact master of the seas, a title which kings of England had assumed since the time of John, the king issued certain o...

Whenever a vessel or cargo is adjudged good prize by the court it is publicly sold and the proceeds are decreed to the captors as prize money, unless they are non-commissioned o...

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 sta...

During the sixteenth century the idea of the individuality of territorial states reached material realization. A school of international law writers arose who endeavored to dete...

In regard to the actual administration of these laws of prize distribution the decisions of prize courts in cases where the questions of distribution have arisen furnish the mos...

After the wars of the roses prize distribution was still occasionally decreed by special letters patent. In his famous voyage of 1496 John Cabot was by letter patent required to...

Instructions to privateers similar to Elizabeth's proclamation of 1585 were issued in 1625.[1] In instructions of 1628[2] the king's tenth of prizes is referred to. During the c...

The Greeks are possibly the earliest people who attained a sufficient degree of civilization to have any definite laws of war, consequently we shall first look to them for laws...

Whether or not military salvage is paid depends upon (1) the character of the original captor, whether recognized belligerent or pirate, (2) the character of the original owner...

Prize distribution in Great Britain at present is authorized by two permanent acts passed in 1864. The first of these acts known as the "Naval agency and distribution act of 186...

From the Greek theories the Roman legal mind developed elaborate rules for the apportionment of booty captured in land war. The Romans clearly recognized that the prizes taken i...

"In the dark ages, between 476 and 800 A.D. International law reached its nadir in the West".[1] Private war, on land and piracy at sea were unrestrained. There were of course n...

The practice of Great Britain in prize distribution has always been remarkable for its extreme liberality to the captors of prize. Chancellor Kent has a note to the effect that...

[1] For history and discussion of admiralty and prize courts see Marsdon, Introduction to select pleas of the Admiralty; Roscoe, Growth of English Law; Carter, History of Englis...

[2] "Princes ought avoid as much as they are able to stand in anothers discretion." Machiavelli, The Prince, English Translation from Italian by Dacres, Tudor Translations, vol....

[3] On the relation of the individual to the state see Westlake, Principles of International Law, Cambridge, England, 1894, p. 258; Rousseau, The Social Contract, English transl...

[2] For brief discussion of many of the Maritime Codes see E. C. Benedict, The American Admiralty, 4th Edition, Albany, 1910. The so-called Rhodian Sea Laws are thought by Ashbu...

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 An...

[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 In...

[17] "Any ship or goods taken as Prize by any of the officers and crew of a ship other than a ship of war of Her Majesty shall, on condemnation, belong to Her Majesty in Her off...

[8] In a case of Reprisals against France, Cromwell returned the excess over damages to the French ambassador, see Carnazza-Amari, Traité de Droit International Public en Temps...

[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 Winds...

The rules for disposing of the proceeds of prizes captured in war is a question of municipal law. After a prize has been legally condemned, international law has no direct conce...

[1] For English regard for commerce see Blackstone, I, 260; "Indeed the law of England as a commercial country pays very particular regard to foreign merchants in innumerable in...

[4] 27 and 28 Vict., c 25, printed in L. Oppenheim, International Law, London, 1906, ii, 541; Wheaton, International Law, Boyd, Editor, 3rd English Edition, London, 1889, p. 750...

As previously noted the distribution of bounty is now regulated by statute and proclamation. If awarded in any war it is given as head money of five pounds per man on every enem...

Lord High Admiral, Admiralty Courts, Admiralty in Commission, Struggle with Common Law, Jenkins, Mansfield, Stowell, Vice Admiralty Courts, Commissioning Prize Courts, High Cour...