The first striking difference between military and naval warfare is that, while—in theory, at least—the military forces of a country confine their attacks to the persons and power of their enemy, the naval forces devote themselves primarily to the plunder of his property and commerce. If on land the theory of modern war exempts from spoliation all of an enemy’s goods that do not contribute to his military strength, on sea such spoliation is the professed object of maritime warfare. And the difference, we are told, is ‘the necessary consequence of the state of war, which places the citizens or subject of the belligerent states in hostility to each other, and prohibits all intercourse between them,’[64] although the very reason for the immunity of private property on land is that war is a condition of hostility between the military forces of two countries, and not between their respective inhabitants.[64]

Writers on public law have invented many ingenious theories to explain and justify, on rational grounds, so fundamental a difference between the two kinds of warfare. ‘To make prize of a merchant ship,’ says Dr. Whewell, ‘is an obvious way of showing (such a ship) that its own State is unable to protect it at sea, and thus is a mode of attacking the State;’[65] a reason that would equally justify the slaughter of nonagenarians. According to Hautefeuille, the differences flows naturally from the conditions of hostilities waged on different elements, and especially from the absence at sea of any fear of a rising en masse which, as it may be the result of wholesale robbery on land, serves to some extent as a safeguard against it.[66]

A simpler explanation may trace the difference to the maritime Piracy which for many centuries was the normal relation between the English and Continental coasts, and out of which the navies of Europe were gradually evolved. Sir H. Nicolas, describing the naval state of the thirteenth and early part of the fourteenth century, proves by abundant facts the following picture of it: ‘During a truce or peace ships were boarded, plundered, and captured by vessels of a friendly Power as if there had been actual war. Even English merchant ships were attacked and robbed as well in port as at sea by English vessels, and especially by those of the Cinque Ports, which seem to have been nests of robbers; and, judging from the numerous complaints, it would appear that a general system of piracy existed which no government was strong enough to restrain.’[67]

The governments of those days were, however, not only not strong enough to restrain, but, as a rule, only too glad to make use of these pirates as auxiliaries in their wars with foreign Powers. Some English ships carrying troops to France having been dispersed by a storm, the sailors of the Cinque Ports were ordered by Henry III., in revenge, to commit every possible injury on the French; a commission undertaken with such zeal on their part that they slew and plundered not only all the foreigners they could catch, but their own countrymen returning from their pilgrimages (1242). During the whole reign of Henry IV. (1399-1413), though there existed a truce between France and England, the ordinary incidents of hostilities continued at sea just as if the countries had been at open war.[68] The object on either side was plunder and wanton devastation; nor from their landing on each other’s coasts, burning each other’s towns and crops, and carrying off each other’s property, did the country of either derive the least benefit whatever. The monk of St. Denys shows that these pirates were really the mariners on whom the naval service of England chiefly depended in time of war, for he says, in speaking of this period: ‘The English pirates, discontented with the truce and unwilling to abandon their profitable pursuits, determined to infest the sea and attack merchant ships. Three thousand of the most skilful sailors of England and Bayonne had confederated for that purpose, and, as was supposed, with the approbation of their king.’ It was not till the year 1413 that Henry V. sought to put a stop to the piratical practices of the English marine, and he then did so without requiring a reciprocal endeavour on the part of the other countries of Europe.[69]

Maritime warfare being thus simply an extension of maritime piracy, the usages of the one naturally became the usages of the other; the only difference being that in time of war it was with the licence and pay of the State, and with the help of knights and squires, that the pirates carried on their accustomed programme of incendiarism, massacres, and robberies.

From this connection, therefore, a lower character of warfare prevailed from the first on sea than on land, and the spirit of piracy breathed over the waters. No more mercy was shown by the regular naval service than was shown by pirates to the crew of a captured or surrendered vessel, for wounded and unwounded alike were thrown into the sea. When the fleet of Breton pirates defeated the English pirates in July 1403, and took 2,000 of them prisoners, they threw overboard the greater part of them;[70] and in the great sea-fight between the English and Spanish fleets of 1350, the whole of the crew of a Spanish ship that surrendered to the Earl of Lancaster were thrown overboard, ‘according to the barbarous custom of the age.’[71]

Two other stories of that time still further display the utter want of anything like chivalrous feeling in maritime usages. A Flemish ship, on its way to Scotland, having been driven by a storm on the English coast, near the Thames, and its crew having been slain by the inhabitants, the king rewarded the assassins with the whole of the cargo, and kept the ship and the rigging for himself (1318).[72] In 1379, when a fleet of English knights, under Sir John Arundel, on its way to Brittany, was overtaken by a storm, and the jettison of other things failed to relieve the vessels, sixty women, many of whom had been forced to embark, were thrown into the sea.[73]

The piratical origin, therefore, of the navies of Europe sufficiently explains the fact that plunder, which is less the rule than an incident of war on land, remains its chief object and feature at sea. The fact may further be explained by the survival of piracy long sanctioned by the States under the guise of Privateering. If we would understand the popularity of wars in England in the old privateering days, we must recall the magnificent fortunes which were often won as prize-money in the career of legalised piracy. During the war which was concluded in 1748 by the treaty of Aix-la-Chapelle, England captured of French and Spanish ships collectively 3,434, whilst she herself lost 3,238; but, small compensation as this balance of 196 ships in her favour may seem after a contest of some nine years, the pecuniary balance in her favour is said to have amounted to 2,000,000l.[74]

We now begin to see why our forefathers rang their church bells at the announcement of war, as they did at the declaration of this one against Spain. War represented to large classes what the gold mines of Peru represented to Spain—the best of all possible pecuniary speculations. In the year 1747 alone the English ships took 644 prizes; and of what enormous value they often were! Here is a list of the values which the cargoes of these prizes not unfrequently reached: