Morally, this distinction of itself proved little. Take the story of
the French general Crillon, who, when Henri III. proposed to him to
assassinate the Duc de Guise, is said to have replied, ‘My life and my
property are yours, Sire; but I should be unworthy of the French name
were I false to the laws of honour.’ Had he accepted the commission,
would the deed have been praiseworthy or infamous? Can a commission
affect the moral quality of actions? The hangman has a commission,
but neither honour nor distinction. Why, then, should a successful
privateer have been often decorated with the title of nobility or
presented with a sword by his king?[79]
Historically, the distinction had even less foundation. In olden times
individuals carried on their own robberies or reprisals at their own
risk; but their actions did not become the least less piratical when,
about the thirteenth century, reprisals were taken under State control,
and became only lawful under letters of marque duly issued by a
sovereign or his admirals. In their acts, conduct, and whole procedure,
the commissioned privateers of later times differed in no discernible
respects from the pirates of the middle ages, save in the fact of being
utilised by the State for its supposed benefit: and this difference,
only dating as it did from the time when the prohibition to fit out
cruisers in time of war without public authority first became common,
was evidently one of date rather than of nature.
Moreover, the attempt of the State to regulate its piratical service
failed utterly. In the fourteenth century it was customary to make
the officers of a privateer swear not to plunder the subjects of the
commissioning belligerent, or of friendly Powers, or of vessels
sailing under safe-conducts; in the next century it became necessary,
in addition to this oath, to insist on heavy pecuniary sureties;[80]
and such sureties became common stipulations in treaties of peace.
Nearly every treaty between the maritime Powers after about 1600
contained stipulations in restraint of the abuses of privateering;
on the value of which, the complaints that arose in every war that
occurred of privateers exceeding their powers are a sufficient comment.
The numerous ordinances of different countries threatening to punish
as pirates all privateers who were found with commissions from _both_
belligerents, give us a still further insight into the character of
those servants of the State.
Public-domain text, read in full here on John Shaqi.
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