THE CRIMINAL LAW OF THE NAVY. CHAPTER I. ON THE EARLY STATE AND DISCIPLINE OF THE the Navy. THE command of the navy has always been a prerogative of the Crown of England, though a royal navy fitted out from the revenues of the state, officered, and manned by the royal forces, was unknown in the early ages of the monarchy. Fleets, whether for aggression, or defence were Origin of raised on the requisition of the king by the inhabitants of the sea-port towns, and of these the Cinque Ports furnished by far the greater proportion both of seamen and ships; the commanding officers were appointed by the king, and the feudal levies, who formed the military force of the realm, were embarked as soldiers, and did good service in the naval engagements of those days." 1 1 Selden, Mar. Clau. lib. ii. cap. 14; Holin. i. 339. 2 Hakluyt, i. 19, 131; "Roll of the huge fleete of Edw. 3d, before Calice." B Service of the Cinque Ports. Hubert de naval action A.D. 1217. The terms of service, and the compensating immunities of the Cinque Ports were accurately defined by royal charter; the earliest known being those of Edward the Confessor and William the Conqueror. Their liberties were confirmed by the Great Charter; and the Charter of Edward the First, directed to the barons of the Cinque Ports for their good services done unto him by sea,' declares, "that at each time that the King passeth over the sea, the ports ought to rig up fifty and seven ships, whereof every one to have twenty armed soldiers, and to maintain them at their own costes by the space of fifteen days together;" if kept at sea longer, the charges fell on the king. "In requital for their faithfull and continuall services, the privileges of these ports be very great, considering either the honour and ease, or the freedom and exemption that the inhabitants have by reason of the same.' The constant wars between France and England left them but little rest for the peaceful enjoyment of their exclusive liberties; yet the service was anything but unpopular, for booty as much as glory was the leading motive for the fight, and the coveted prize of victory. The first great battle at sea between the two countries was fought by the men of the Cinque Ports in 1217, and is remarkable for that bold spirit which has ever moved the English sailor, however inferior in force, to close at once with the enemy. In that action Hubert de Burgh, the governor of Dover Castle, with forty ships great and small, of the Cinque Ports, attacked the French fleet of eighty great ships; "at their first joining the Englishmen, with helpe of their crossebowes and archers, made great slaughter of their enemies, and grappling together, in the end bare themselves so manfullie, that they vanquished the whole French fleet, and obteined a famous victorie." 1 The spoil and prey of the French ships "was verie rich, so that the Englishmen, being laden with riches and honour, upon their safe returne home, were received with great joy and gladnesse." 2 Such was the prowess of the men of the Cinque Ports, their method of fighting, and the predatory character of international warfare in the middle ages. Lord High From the time of the conquest the Kings of England delegated the charge of guarding the coasts, and commanding the fleets to officers, who, in the reign Title of of Henry I. were called Butescarles, a title afterwards changed to that of guardians of the ships, or guardians of the maritime shore." In the reign of Edward I., instead of guardians or wardens they were termed admirals. That monarch divided his shipping into three fleets, and in solemn manner created admirals of the navy towards the northern, the western, and the southern parts. The office 5 1 Rog. de Wend. iv. 28. This chronicler, in his account of the action, mentions that the English, having the wind in their backs, threw quick lime into the air, which was blown into the eyes of the French, and blinded them. 2 Holin. Chron. iii. 347. 3 Selden, Mar. Clau. lib. ii. cap. 14. 4 Admiral a word first used by the Crusaders, who took it from the Saracens, who termed their Generals Emirs, or Amiras. Valin, Comm. sur l'Ord. 1681, tit. Amiral. 5 Seld. Mar. Clau. lib. ii. cap. 16, 307. |