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
The governor's commission as vice-admiral, issued (after 1689, at any
rate) under the great seal of the High Court of Admiralty, gave him
authority to hold an admiralty court in person. Often the governor was
not well fitted for such work, though not often so frank as Sir Henry
Morgan (doc. no. 46, note 1) in admitting his deficiencies. As
admiralty business increased, it became customary to appoint admiralty
judges to hold vice-admiralty courts in individual colonies, or in
groups of colonies. Sometimes, especially in the earlier period, they
were commissioned by the governor of the colony acting under a warrant
from the Lords of the Admiralty (doc. no. 69) empowering him so to do;
more often they were commissioned directly by those lords, under the
great seal of the Admiralty. Doc. no. 180 is a commission of the
former sort, doc. no. 181 of the latter. When war broke out, authority
to try prize cases was conveyed, as above, to the vice-admiral, the
vice-admiralty judge, and their deputies.
In the trial of a prize case, the first essential document was the
libel (docs. no. 99, no. 128, no. 165, no. 184, and no. 188), by which
claim was laid to ship or goods. Witnesses were examined, chiefly by
means of the systematic series of questions called standing
interrogatories (doc. no. 183). Their testimony, taken down in written
depositions, constitutes much the largest class of documents in this
volume. Most narratives of privateering or of piracy are found in the
form of depositions. Reports of trials, embracing proceedings and
documents and testimony, are found in docs. no. 128, no. 143, and no.
165; sentences or decrees of the judge in docs. no. 143, no. 150, and
no. 155; inventories of prizes in docs. no. 33 and no. 161; an account
of sales in doc. no. 186.
If a party to a prize appealed from the sentence of the vice-admiralty
court (docs. no. 151 and no. 196), he was required to give bond (doc.
no. 152) for due prosecution of the appeal in England. From 1628 to
1708 such appeals were heard by the High Court of Admiralty; after
1708 they went to a body of privy councillors specially commissioned
for the purpose, called the Lords Commissioners of Appeal in Prize
Causes (see doc. no. 151, note 1). A specimen of a decree of that
tribunal reversing the sentence of a colonial vice-admiralty court is
in doc. no. 195.[4]
[Footnote 4: For a report of these commissioners _approving_ the
sentence of the court below, see Stokes, pp. 325-326.]
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