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قراءة كتاب Privateering and Piracy in the Colonial Period Illustrative Documents

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‏اللغة: English
Privateering and Piracy in the Colonial Period
Illustrative Documents

Privateering and Piracy in the Colonial Period Illustrative Documents

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دار النشر: Project Gutenberg
الصفحة رقم: 4

href="@public@vhost@g@gutenberg@html@files@24882@[email protected]#DOC_146" class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">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

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