Legal Definitions - law of marque

The law of marque refers to an historical legal principle that allowed an individual or entity, who had suffered a wrong and was unable to obtain official justice or compensation through conventional legal or diplomatic means, to seize property belonging to the wrongdoer. This act of reprisal was only permissible if the wrongdoer's property was found within the wronged party's own territory or jurisdiction, and it served as a form of self-help to recover losses or obtain satisfaction for the harm inflicted.

Here are some examples illustrating the application of the law of marque:

• International Maritime Dispute: Imagine a 17th-century English merchant whose valuable cargo was unlawfully seized by a French privateer in international waters. Despite repeated appeals to the French crown through diplomatic channels, the English merchant received no compensation or justice for his losses. Years later, a French merchant ship, owned by a different party but flying the French flag, docks in an English port. Under the historical "law of marque," the English merchant, having obtained a special commission (often called a "letter of marque") from the English crown, might have been permitted to seize goods from that French ship, up to the value of his original loss. This illustrates the principle because the merchant was wronged, could not obtain justice through official means, and seized property belonging to the wrongdoer's nation found within his own jurisdiction.

• Feudal Border Conflict: Consider two neighboring feudal lords in medieval Europe. Lord A's agricultural lands were repeatedly raided and damaged by peasants from Lord B's territory, and Lord B consistently refused to investigate or offer restitution, effectively denying justice to Lord A. If a caravan carrying valuable goods belonging to one of Lord B's vassals (whose lord was deemed responsible for the damages) happened to pass through a market town controlled by Lord A, Lord A might invoke the "law of marque." He could then legally seize goods from that caravan to compensate for his losses, as the wrongdoer's property was found within his domain, and he had exhausted other avenues for justice from Lord B.