Privateering and Piracy in the Colonial Period: Illustrative Documents
History
Privateering and Piracy in the Colonial Period: Illustrative Documents
Pirates; Privateering; United States -- History -- Colonial period, ca. 1600-1775 -- Sources
As far as I have observed during the course of the Wars with Holland,
France and Spain, the High Court of Admiralty have proceeded in all
Prize causes, by Virtue of Warrants from the Lord High Admiral or
Commissioners for Executing that Office, in pursuance of Commissions
under the Great Seal directed to them for that purpose;[4] and
Commissioners were appointed at the severall Plantations to take the
Examinations of Witnesses in preparatory and to transmit them hither,
together with the Ships papers, and in case the ship and Goods were
perishable they had a Power to Appraise and sell, and keep the produce
in their hands, till after Sentence, that the Merchants might have
time, and be at a Certainty, where to enter their Claims.
[Footnote 4: Such a commission (1748) is printed in Marsden, _Law and
Custom of the Sea_, II. 297, and (1756) in Stokes, _View of the
Constitution of the American Colonies_, p. 278.]
But after the American Act, the Vice-Admiralty Courts in the
Plantations, by Authority thereof,[5] proceeded in Prize Causes, which
I conceive they had no right to do before; and that power being during
the late War only, by Virtue of that Act, I presume it is now
determined. Therefore upon a Grant of new Powers, I must humbly submit
it to their Lordships Consideration, whether it may be for the Honour
and Service of his Majesty, to permit the Vice-Admiralty Courts in the
Plantations to proceed in Prize Causes, since it is much to be feared
they are not well versed in the Laws of Nations, and Treaties between
Us and other States; and it is well known that they do not proceed in
that Regular Manner as is practised in His Majesties High Court of
Admiralty; besides it will be a Considerable Time before Orders from
their Lordships upon any Emergency can reach the Vice Admiralty Courts
in the plantations, for want of which great Inconveniences may arise;
whereas the Admiralty Court here is under their Lordships Eye and
Immediate direction, and always ready to observe such Instructions as
the Nature of affairs shall require.
[Footnote 5: 6 Anne ch. 37, "An Act for the Encouragement of the Trade
to America" (1707), sect. 2.]
But this is most humbly submitted to Their Lordships great Wisdom, by,
Sir,
Your most humble servant
H. PENRICE.
DOCTORS COMMONS, November 29, 1718.
PIRACY OF BARTHOLOMEW ROBERTS.
_117. Extract from the Boston News-Letter. August 22, 1720._[1]
[Footnote 1: From the file possessed by the Massachusetts Historical
Society.]
Public-domain text, read in full here on John Shaqi.
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