at might become in future easily
applicable to the various cases that might arise.

[Sidenote: Constructive Captors.]

He says

"the Act of Parliament (meaning the Prize Act), and the
proclamation, give the benefit of prize to the takers, by
which term, are naturally to be understood those who
_actually take possession_, or those affording an actual
contribution of endeavour to that event; either of these
persons are naturally included under the name of takers, but
the Courts of Law have gone further, and have extended the
term 'takers' to those who, not having contributed actual
service, are supposed to have rendered a constructive
assistance, either by conveying encouragement to the captor,
or intimidation to the enemy. * * * It has been contended
that where ships are associated in a _common enterprize_,
that circumstance is sufficient to entitle them to share
equally and alike in the prizes that are made; but many
cases might be stated when ships so associated would _not_
share. I must ever hold that the principle of mere common
enterprise is not sufficient--it is not sufficiently
specific--it must be more limited. What is the real and true
criterion? She being in sight, or seeing the enemy's fleet
accidentally, a day or two before, will not be sufficient;
it must be at the commencement of the engagement, either in
the act of chasing, or in preparations for chase, or
afterwards during its continuance. If a ship was detached in
sight of the enemy, and under preparation for chase, I
should have no hesitation in saying that she ought to share;
but if she was sent away after the enemy had been descried,
but before any preparations for chase, or any hostile
movements had taken place, I think it would be otherwise;
there must be _some actual contribution of endeavour as well
as a general intention_."[93]

[Sidenote: Efforts to suppress Privateering.]

Powerful efforts have been made by humane and enlightened individuals
to suppress Privateering, as inconsistent with the liberal spirit of
the age. In the language of Chancellor Kent,

"the object is not honour, or chivalric fame, but plunder
and profit. The discipline of the crews is not apt to be of
the highest order, and privateers are often guilty of
enormous excesses, and become the scourge of