Home1810 Edition

MARQUE

Volume 12 · 194 words · 1810 Edition

or Letters of MARQUE, in military affairs, are letters of reprisal, granting the subjects of one prince or state liberty to make reprisals on those of another.—They are so called from the German marcke "limit, frontier;" as being jus concepsum in alterius principis marcas seu limites transeundi, ubique jus faciendi; as being a right of passing the limits or frontiers of another prince, and doing one's self justice. Letters of marque among us are extraordinary commissions granted by authority for reparation to merchants taken and depoiled by strangers at sea; and reprisals is only the retaking, or taking of one thing for another*. The form in these cases is, the suitor must first apply to the lord privy-seal, and he shall make out letters of request under the privy-seal; and if, after such request of satisfaction made, the party required do not, within convenient time, make due satisfaction or restitution to the party grieved, the lord chancellor shall make him out letters of marque under the great seal; and by virtue of these he may attack and seize the property of the aggressor nation, without hazard of being condemned as a robber or pirate.