Privateering and Piracy in the Colonial Period: Illustrative Documents — John Shaqi
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
These were the essential documents of a privateering voyage. There
would probably be also accounts for supplies, like John Tweedy's very
curious bill for medicines (doc. no. 158), and accounts between crew
and owners (doc. no. 146), and general accounts of the voyage (doc.
no. 159). There might be an agreement of two privateers to cruise
together and divide the spoil (doc. no. 160). There might even be a
journal of the whole voyage, like the extraordinarily interesting
journal kept on the privateer _Revenge_ by the captain's
quartermaster in 1741 (doc. no. 145), one of the very few such
narratives preserved. Other documents of various kinds, illustrating
miscellaneous incidents of privateering, will be found elsewhere in
the volume.
Both privateers and naval vessels belonging to the government made
prize of ships and goods belonging to the enemy, but many questions
were certain to arise concerning the legality of captures and
concerning the proper ownership and disposal of ships and goods. Hence
the necessity for prize courts, acting under admiralty law and the law
of nations. The instructions to privateers required them (see doc. no.
126, section III.) to bring captured ships or goods into some port of
Great Britain or her colonial dominions, for adjudication by such a
court. In England, it was the High Court of Admiralty that tried such
cases. At the beginning of a war, a commission under the Great
Seal,[3] addressed to the Lords of the Admiralty, instructed them to
issue a warrant to the judge of that court, authorizing him during the
duration of the war to take cognizance of prize causes. After 1689, it
was customary to provide for trial of admiralty causes in colonial
ports by giving to each colonial governor, in addition to his
commission as governor, a commission as vice-admiral. Before 1689,
this was done in a few instances, chiefly of proprietary colonies, the
earliest such instance being that exhibited in our doc. no. 1; but in
the case of colonies having no royal governor (corporation colonies)
we find various courts in that earlier period exercising admiralty
jurisdiction (docs. no. 8, no. 25, no. 48, and no. 105, note 1). From
Queen Anne's reign on (doc. no. 102), jurisdiction in prize causes was
conferred, as in the case of the judge of the High Court of Admiralty
in London, by warrant (doc. no. 182) from the Lord High Admiral or
Lords of the Admiralty pursuant to the commission issued to them, as
stated above, at the beginning of the war. In doc. no. 116 we see the
judge of the High Court of Admiralty expressing the belief that it
would be better if all prizes were brought to his court in London for
adjudication, but the inconvenience would have been too great.
[Footnote 3: Such a commission (1748) is printed in R.G. Marsden, _Law
and Custom of the Sea_ (Navy Records Society), II. 279, and another
(1756) in Stokes, p. 278.]
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