EARLY HISTORY 53 



continued among the Admiralty regulations in subsequent 

 reigns, and it was part of the duties of the admiral to see 

 that they were duly observed in the seas within his juris- 

 diction. The powers of the admiral were extensive, as may 

 be seen from the memorandum of the fourteenth century de- 

 fining his office and duties, which has been published by 

 Nicolas, 1 by those given by Twiss in the Black Book, 2 and 

 later by Godolphin. 3 



At the time with which we are dealing the utmost lawless- 

 ness reigned on the sea, the depredations of undisguised free- 

 booters being scarcely a greater evil than the constant acts 

 of reprisal between the traders of different nations. It was a 

 common practice for the seamen of different countries or cities 

 to carry on hostilities with one another, and to enter into 

 treaties of peace or truce without the sovereign on either side 

 being concerned in their quarrels, except as mediators or um- 

 pires. In 1317, although there was peace between England 

 and Flanders, the mutual reprisals of the seamen and mer- 

 chants reached such a height that commercial intercourse was 

 entirely suspended, and Edward II. and the Earl of Flanders 

 had to actively interpose in order to bring about " peace " be- 

 tween their subjects. 4 A marked feature in the policy of 

 Edward III. was the promotion and encouragement of foreign 

 commerce, and quite a number of statutes were passed in his 

 reign with that object, and to facilitate the entrance of foreign 

 merchants into the realm. One of these, made six years after 

 the consultation of the judges on the maritime laws, was speci- 

 ally passed to declare the sea open to all merchants. 5 



With these circumstances in view, it can be readily under- 

 stood how desirable it was to have the maritime laws for the 

 security of commerce and shipping carefully considered and 



1 Op. cit., i. 484. 2 Op. cit. 



3 Op. cit. The specification of the duties within the cognisance of the Admiralty 

 occupies several pages ; they included " all cases of seizures and captures made 

 at sea, whether jure belli publicis, or jure belli privati by way of reprisals, or 

 jure nullo by way of piracy ... all causes of spoil and depredations at sea ; 

 robberies and pyracies," &c., &c. 



4 M'Pherson, Annals of Commerce, i. 475, 485, quoting from fcedera. 



5 18 Edw. III., st. 2, cap. 3. Several articles in the Black Book show the same 

 desire to encourage foreign merchants, and severe penalties were prescribed for the 

 robbing or wronging of foreign ships, or interference with their freedom to trade. 



