Chapter I: Front Matter

TRANSCRIBER'S NOTE

Underlined text is denoted by _underscores_. There is no 'bold' or
'italic' text.

Obvious typographical errors and punctuation errors have been
corrected after careful comparison with other occurrences within
the text and consultation of external sources.

More detail can be found at the end of the book.

PRIZE MONEY

BY
PHILIP QUINCY WRIGHT

A. B. Lombard College, 1912

THESIS

Submitted in Partial Fulfillment of the Requirements for the
Degree of
MASTER OF ARTS
IN POLITICAL SCIENCE

IN

THE GRADUATE SCHOOL
OF THE
UNIVERSITY OF ILLINOIS

1913

UNIVERSITY OF ILLINOIS

THE GRADUATE SCHOOL

JUNE 5, 1913

I HEREBY RECOMMEND THAT THE THESIS PREPARED UNDER MY SUPERVISION BY

QUINCY WRIGHT

ENTITLED PRIZE MONEY

BE ACCEPTED AS FULFILLING THIS PART OF THE REQUIREMENTS FOR THE
DEGREE OF MASTER OF ARTS

_James W. Garner._

In Charge of Major Work

_James W. Garner._

Head of Department

Recommendation concurred in:

}Committee
}
}on
}
}Final Examination

_TABLE OF CONTENTS._

_Introduction._

_Chapter I. Among the Ancients._

Page

Part 1. Greece 2

a. Land War--Principles, Causes, Effects.

b. Maritime War--Prize Courts, Piracy,
Rhodian Laws.

Part 2. Rome 10

a. Land War--Method of Division.

b. Maritime War--A Land People, Piracy,
Principles, Causes, Effects, Ferocity
of War.

_Chapter II. During the Middle Ages._

Part 1. Maritime Codes 16

Early Codes, Consolato del Mare, Character
of its Rules, Effects, No Recognition
of States.

Part 2. The New International Law 21

Machiavelli, Brunus, Victoria, Ayala, More,
Bodin, Gentilis, Grotius, Zouche,
Puffendorf, Summary.

_Chapter III. Great Britain, Historical Resumé._

Part 1. Earliest Times to 1340 30

a. Laws--Common Law Rule, Liberality to
Captors, Grant by Letters Patent,
Cinque Ports.

b. Administration--Common Law Courts, Slight
Control.

Part 2. 1340 to 1485 34

a. Laws--Distribution by Ordinance,
Privateers, Letters of Marque, Adjudication
of Prizes, Black Book of Admiralty.

b. Administration--Establishment of
Admiralty, First Prize Court,
Conservator of Ports.

c. Significance--Cause, Effect.

Part 3. 1485 to 1603 43

a. Laws--Letters Patent, Admirals Tenth,
Prize Proclamations, Letters of Marque
from France.

b. Administration--Aggressive Policy, Crowns
Control, Adjudication not the Rule,
Restraint of Privateers, Summary.

c. Significance--Effect, Encouragement of
Privateers, Cheap War.

Part 4. 1603 to 1688 50

a. Laws--Proclamations, Puritan Ordinances,
Prize Bounty, Piracy, Navigation Acts,
Spoil on Decks, Jure Coronae, Droits,
of Admiralty.

b. Administration--Adjudication Required,
Admirals Jurisdiction, Cinque Ports,
Civil War, Puritanism, Restoration,
Trading Companies, Significance.

_Chapter IV. Great Britain, Recent Laws._

Part 1. 1688 to 1864 56

Grants by statute, Queen Anne's Statute,
Lord Loughborough's Opinion, Later Acts,
Acts of 1793, of 1812, of 1815, Ransom
Forbidden, Slave Trade, Crimean War.

Part 2. 1864 to 1913 64

Permanent Statutes, Naval Agency and
Distribution Act, Naval Prize Act of
1864, Naval Instructions, Duties of
captors, Sharers of Prize, Recapture.

_Chapter V. Great Britain, Recent Administration._

Part 1. Prize Courts 70

Lord High Admiral, Admiralty Courts, Admiralty
in Commission, Struggle with Common Law,
Jenkins, Mansfield, Stowell,
Vice Admiralty Courts, Commissioning
Prize Courts, High Court of
Justice, Appellate Authorities,
Lord High Admiral, Chancellor,
Delegates of Appeal, Judicial
Committee, of Privy Council,
International Prize Court for Appeals.

Part 2. Theory of Distribution 78

a. Relation of State and Individual in War--War
by State Authority, Rousseau's
Theory, Grotian Theory, English
Practice.

b. Reprisal--Private, Public, General
reprisal, Declaration of Paris.

c. State Title to Prize--Original Title in
State, Phillimore, Holland, Brougham,
State can return prize without cause,
Stowell, The Elsebe.

d. Adjudication of prizes--Jay Letter,
Competent Court.

e. Method of Distribution--Benefits
received; bounty, salvage, prize money.

Part 3. Prize Bounty 91

Headmoney, Conditions of Giving.

Part 4. Prize Salvage 92

Pirates, Neutral vessels, Subjects Vessels,
Change of Title, Allies, Summary.

Part 5. Prize Money 98

Division among Men, Among Allies, Vessels
Entitled to Share, Joint Captors,
Privateers, Associated Vessels, Tenders,
Boats, Transports, Joint Land and Naval
Captures, Non-commissioned Captors,
Forfeiture of Prize Money.

_Chapter VI. Great Britain, Significance of Present Law._

Part 1. Causes of Law 106

Imperial Power, Naval Supremacy, Commercial
Dependence, Governmental Control, to
encourage sea men.

Part 2. Effects of Prize Money 109

a. On the Navy--When privateering legal,
since Declaration of Paris, does
not increase efficiency, commercial
war.

b. On International Law--Neutral rights,
destruction of prizes, right to
capture private property at sea,
attitude of naval personnel, of
publicists, at Second Hague Conference.

c. Conclusion--Little Effect for good or
evil, why it remains law, attitude
of England at the Second Hague
Conference, it should be abolished.

_Bibliography_

General 120

Ancient 127

Medieval 128

Great Britain 130