DOCSLIB.ORG

Toby Gane Mphil Thesis

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Toby Gane Mphil Thesis View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by St Andrews Research Repository ASPECTS OF ENGLISH LAW CONCERNING PIRACY AND PRIVATEERING, 1603-1760 Toby Gane A Thesis Submitted for the Degree of MPhil at the University of St Andrews 1990 Full metadata for this item is available in Research@StAndrews:FullText at: http://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/6260 This item is protected by original copyright This item is licensed under a Creative Commons Licence ASPECTS OF ENGLISH LAW CONCERNING PIRACY AND PRIVATEERING, 1603 - 1760 TOBY GANE UNIVERSITY OF ST ANDREWS ASPECTS OF ENGLISH LAW CONCERNING PIRACY AND PRIVATEERING, 1603 - 1760 A DISSERTATION SUBMITTED AS PART FULFILMENT FOR THE M.Phil (Mode B) DEGREE IN MARITIME STUDIES. TOBY GANE UNIVERSITY OF ST ANDREWS 1990 CONTENTS Page PREFACE 1 INTRODUCTION 2 THE ADMIRALTY AND VICE- ADMIRALTY COURTS 6 THE LAW OF PRIZE 11 LETTERS OF MARQUE AND REPRISAL 18 THE SPECIAL COMMISSION OF OYER AND TERMINER 25 A PUNISHMENT TO FIT THE CRIME 27 INTERNATIONAL TREATIES 30 CONCLUSION 33 BIBLIOGRAPHY 36 ASPECTS OF ENGLISH LAW CONCERNING PIRACY AND PRIVATEERING 1603 - 1760 PREFACE Piracy and Privateering are certainly much written about subjects, and there is indeed extensive literature concerning many aspects and facets of the complicated history of the subjects. A glance at the Gosse Collection on piracy at the National Maritime Museum or a search through the archives of the British Library will illustrate this point admirably. It came to my attention, however, that one aspect of piracy and privateering that had not so much been overlooked, but had never really been treated as a separate subject, was the law. Surprisingly even Charles Wye Kendall of the Middle Temple and Barrister-at-Law, in his work Private Men-of-War had only scantily covered this area, homogenised into the whole text of his book. There is no doubt that both piracy and privateering have had differing effects on trade and commerce in seventeenth and eighteenth century Europe and Anglo-America and hence had a wide social context and significance. As a result historians have taken the subjects, especially privateering, seriously although it has often been overshadowed by the historian’s preference for writing about the Navies of Europe. As a result of this social significance it was only a matter of course that a myriad of laws and statutes sprung up to control, inhibit, deter and prevent, around these controversial ways of life. It has been my intention, therefore, to try to give an account of the main aspects of the law as it reacted to the post-Elizabethan period of piracy and privateering up until its decline in the eighteenth century. Two limiting factors must be born in mind by readers, firstly time: it has been scarcely six months from conception to completion; and secondly the length of the essay has considerably reduced the scope of the work. As a result I do not pretend to have covered anywhere near the full scope of the topic, and there is indeed much more work that could be done to throw light on this subject. Nor do I pretend to have got it completely right, and would welcome constructive criticism. It is hoped that I have shed some light and I would venture to suggest that, if nothing else, I have pooled some knowledge of an aspect of piracy and privateering that has not been pooled in such a way before. The sources of information I have used are a mixture of primary and secondary. The manuscripts and the acts of Parliament I have used all came from the National Maritime Museum as did some printed works dating from 1726 to the present. Other printed books came from the British Library. Thanks are therefore due to the staff of both the National Maritime Museum and the British Museum. Special thanks go to Dr Colin Martin and Professor Christopher Smout for their concern and help at very short notice. INTRODUCTION Piracy, and its sister occupation, Privateering, have captured the imaginations of millions of people as a romantic and daring occupation, made familiar to us by the literature of the 18th and 19th centuries and, given a Hollywood facelift, piracy could appeal to almost anyone. The harsh reality of this often cruel way of life could not be more different. Piracy in the 17th and 18th centuries was a barbaric and dangerous occupation that would have demanded steel nerves and a total lack of remorse. It was a hazardous and cruel life as a sailor on the high seas, but pirates and privateers doubled the danger and often took their lives in their own hands, and took those of others without thinking twice. The lure of riches was a strong one indeed for anyone who could take the hardships. Fortunes were made and lost in this way. The reason for which I have isolated this period of study is that the period saw an interesting change in England’s overseas policy. Privateering had seen great days at the latter half of the 16th century with the rise of such infamous figures as Francis Drake and John Hawkins. This period of entrepreneurial venture and free-for-all treasure hunting in the form of legal private warfare was to draw to a close at the start of the 17th Century (Senior 1976, 7). This change was dominated by the Succession of the Stuarts over the Tudors. Elizabeth’s reign had been earmarked by 20 years of sporadic war with Spain, which, although it had been a very costly exercise had also served to give wealth to many enterprising privateers. Suddenly with the succession of James Stuart, England was thrown into a long period of peace. This ultimately led to a massive increase in piracy. Now British privateers had no legal enemy, and a rapid degeneration into piracy was their only alternative if they wanted to keep a healthy income of Prize (Senior 1976, 7-11). An agreement with Spain was made that the English privateers might be kept out of the West Indies and that if they should fall into the hands of the Spaniards they might be put into the hands of the Spanish Inquisition, much to the distaste of the English seamen (Macintyre 1975, 29). This allowed the British and the French to freely ship contraband. This in turn forced the Spaniards to move from the north and west coasts of Hispaniola. The English and French then settled, and hunted the cattle and pigs that had been left behind and gone wild, and by ‘boucanning’ or smoking the meat they could preserve it and sell it, and the hides, to the seamen in the Caribbean. These men became known as ‘Buccaneers’ and often turned their hands to piracy when the cattle ran low. But the early period of the 17th century was not the only time that saw an increase in piracy due to political events. The Civil War was to provide the germination for the seed that had been waiting for its chance. Too many years of peace had made pirates or even merchants ready to jump at the chance to hunt for prize legally. British merchant shipping had suffered during the Civil War from the 2 INTRODUCTION privateers of both the Commonwealth and Royalist factions “as well as from the usual pirate craft that lay off the African Coast” (Crump 1931, 92), while the English could do little to protect merchant shipping. The end of the Civil War brought a near end to this period of Royalist privateering, and the new government was posed with the problem of monopolising English trade in the West Indies and securing this trade against piracy and privateering. This can only make one think they could have bitten off more than they could chew, as whilst they clearly reduced the level of piracy and privateering, they served only to cause friction with the Dutch whose trade suffered considerably. This set off a chain of events out of which the privateers and pirates could only have benefited. Firstly, a war with the Dutch inevitably came about, once over a war with Spain ensued. “These years of naval war saw an enormous growth of privateering and piracy, the natural corollary of privateering. Much of the fighting in the West Indies was carried out by private men-of-war sailing under letters of Marque, and the profits were sufficiently great to attract capital and men in considerable numbers. When letters of Marque could not be obtained, such privateers frequently turned pirate, so that peace at home did not mean peace at sea. Thus, the policy of the Commonwealth let to an increased need for machinery to enforce trade laws and to deal with prize and piracy” (Crump 1931. 93). The Commonwealth’s emphatic need to establish itself in the divided colonies, and to monopolise (i.e. hold most of the trade, and allow the Dutch as little as possible) the trade had led inadvertently to war, through which an increase in private and illegal war, meant an increase in piracy. It was partly because of this that with the Restoration and Coronation of Charles II in 1660, that a new special appointment was made that was to extend the power of the Admiralty to the Colonies. This appointment was that of Lord High Admiral of the Plantations. ‘‘for the greater part of the period 1650-1697, there was in existence a body of men responsible for administering the colonies” (Crump 1931, 93).
Load more

Recommended publications
  • Thomas Tew and Pirate Settlements of the Indo - Atlantic Trade World, 1645 -1730 1 Kevin Mcdonald Department of History University of California, Santa Cruz
    ‘A Man of Courage and Activity’: Thomas Tew and Pirate Settlements of the Indo - Atlantic Trade World, 1645 -1730 1 Kevin McDonald Department of History University of California, Santa Cruz “The sea is everything it is said to be: it provides unity, transport , the means of exchange and intercourse, if man is prepared to make an effort and pay a price.” – Fernand Braudel In the summer of 1694, Thomas Tew, an infamous Anglo -American pirate, was observed riding comfortably in the open coach of New York’s only six -horse carriage with Benjamin Fletcher, the colonel -governor of the colony. 2 Throughout the far -flung English empire, especially during the seventeenth century, associations between colonial administrators and pirates were de rig ueur, and in this regard , New York was similar to many of her sister colonies. In the developing Atlantic world, pirates were often commissioned as privateers and functioned both as a first line of defense against seaborne attack from imperial foes and as essential economic contributors in the oft -depressed colonies. In the latter half of the seventeenth century, moreover, colonial pirates and privateers became important transcultural brokers in the Indian Ocean region, spanning the globe to form an Indo-Atlantic trade network be tween North America and Madagascar. More than mere “pirates,” as they have traditionally been designated, these were early modern transcultural frontiersmen: in the process of shifting their theater of operations from the Caribbean to the rich trading grounds of the Indian Ocean world, 1 An earlier version of this paper was presented at the “Counter -Currents and Mainstreams in World History” conference at UCLA on December 6-7, 2003, organized by Richard von Glahn for the World History Workshop, a University of California Multi -Campus Research Unit.
    [Show full text]
  • Let Privateers Marque Terrorism: a Proposal for a Reawakening
    Indiana Law Journal Volume 82 Issue 1 Article 5 Winter 2007 Let Privateers Marque Terrorism: A Proposal for a Reawakening Robert P. DeWitte Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the International Law Commons, and the International Relations Commons Recommended Citation DeWitte, Robert P. (2007) "Let Privateers Marque Terrorism: A Proposal for a Reawakening," Indiana Law Journal: Vol. 82 : Iss. 1 , Article 5. Available at: https://www.repository.law.indiana.edu/ilj/vol82/iss1/5 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Let Privateers Marque Terrorism: A Proposal for a Reawakening ROBERT P. DEWrrE* INTRODUCTION In the aftermath of the terrorist attacks of September 11, the United States has repeatedly emphasized the asymmetry between traditional war and the War on TerrorlI-an unorthodox conflict centered on a term which has been continuously reworked and reinvented into its current conception as the "new terrorism." In this rendition of terrorism, fantasy-based ideological agendas are severed from state sponsorship and supplemented with violence calculated to maximize casualties.' The administration of President George W. Bush reinforced and legitimized this characterization with sweeping demonstrations of policy revolution, comprehensive analysis of intelligence community failures,3 and the enactment of broad legislation tailored both to rectify intelligence failures and provide the national security and law enforcement apparatus with the tools necessary to effectively prosecute the "new" war.4 The United States also radically altered its traditional reactive stance on armed conflict by taking preemptive action against Iraq-an enemy it considered a gathering threat 5 due to both state support of terrorism and malignant belligerency.
    [Show full text]
  • The Full Story of United States V. Smith, Americaâ•Žs Most Important
    Penn State Journal of Law & International Affairs Volume 1 Issue 2 November 2012 The Full Story of United States v. Smith, America’s Most Important Piracy Case Joel H. Samuels Follow this and additional works at: https://elibrary.law.psu.edu/jlia Part of the Diplomatic History Commons, History of Science, Technology, and Medicine Commons, International and Area Studies Commons, International Law Commons, International Trade Law Commons, Law and Politics Commons, Political Science Commons, Public Affairs, Public Policy and Public Administration Commons, Rule of Law Commons, Social History Commons, and the Transnational Law Commons ISSN: 2168-7951 Recommended Citation Joel H. Samuels, The Full Story of United States v. Smith, America’s Most Important Piracy Case, 1 PENN. ST. J.L. & INT'L AFF. 320 (2012). Available at: https://elibrary.law.psu.edu/jlia/vol1/iss2/7 The Penn State Journal of Law & International Affairs is a joint publication of Penn State’s School of Law and School of International Affairs. Penn State Journal of Law & International Affairs 2012 VOLUME 1 NO. 2 THE FULL STORY OF UNITED STATES V. SMITH, AMERICA’S MOST IMPORTANT PIRACY CASE Joel H. Samuels* INTRODUCTION Many readers would be surprised to learn that a little- explored nineteenth-century piracy case continues to spawn core arguments in modern-day civil cases for damages ranging from environmental degradation in Latin America to apartheid-era investment in South Africa, as well as criminal trials of foreign terrorists.1 That case, United States v. Smith,2 decided by the United * Associate Professor, Deputy Director, Rule of Law Collaborative, University of South Carolina School of Law.
    [Show full text]
  • Nathaniel Mayo: Documenting an American Merchant Seaman of the Early Nineteenth Century
    Nathaniel Mayo: Documenting an American Merchant Seaman of the Early Nineteenth Century Anne Morddel Abstract Early nineteenth century American merchant seamen roamed the Atlantic World and many are well documented in the libraries and archives of the countries warring around the Atlantic at the time, as well as in the archives and papers of the American consuls in those countries. This study is of one seaman, Nathaniel Mayo of Massachusetts. Town records and the Federal census give little more than his name and that he was a seaman. However, French archives reveal that he was a mate on a vessel evading the strictures of the Embargo Act, was captured and became a prisoner of war. Consular papers contain letters from him and his father. State Department correspondence and French archives both show that he was on the crew of the privateer, the True-Blooded Yankee, while British archives describe his imprisonment in England. Court and prize records in Massachusetts show that he returned home to make a claim for his prize money. Hundreds more American seamen appear in Atlantic World records and archives; studying them could shed quite a lot of light on their hitherto anonymous lives. _______________________________________________________ Documenting American merchant seamen of the first twenty or thirty years of the nineteenth century is quite difficult. Town registers of births, marriages and deaths may tell the three basic events of their lives but nothing more. Looking beyond registers, the Seaman’s Protection Certificates carried a description of the man but little more; crew lists of merchant vessels were rare and few were preserved; vessel registration gave the names of a ship's owner and master only.
    [Show full text]
  • Nova Scotia and Privateering: Selections from the Colonial Office (CO 217) Great Britain
    Nova Scotia and Privateering: Selections from the Colonial Office (CO 217) Great Britain. Colonial Office. Original Correspondence: Nova Scotia and Cape Breton (CO 217): 1710-1867 (HIL-MICL FC LPR .G7C6N6C6) **Reference Sources: Calendars published in the annual Reports by Library and Archives Canada; thesis by John Faisbisy in his work, Privateering and Piracy: the effects of New England raiding upon Nova Scotia during the American Revolution, 1775-1783; and Calendar of State Papers online via British History Online. **Also includes at the bottom, some references from Prince Edward Island State Papers (CO 226) ***Interpreting references: ff = folio no. found stamped on the top of each of the right sided pages; No. = document no. found in handwriting at the top of the start of each document; letter and no. combination (eg. B 2) = found at the end of each document. UNB Correspondents Date & Notes Reference to Reel Location originals on film Number 11 Vane to Secretary December 16, Gives an account of La Fosse, taken in a privateer CO 217 Vol. 31, ff. 20 of State 1711, of his own and now ready to serve Her Majesty. Annapolis Royal 1 Comptrollers of June 22, 1717 Garrison of Annapolis Royal, Nova Scotia, Harbour C.O. 217 Vol. 2, ff. 146, the Accounts of of Placentia, Chebucto [Halifax], Le Havre, Island of 163 & 165 the Army to the Sable [Sable Island], protecting the fishing trade, King privateers, forts, French - “a smaller for be built at Jennys Streight the entrance into the British River going up to Annapolis Royal and the Great Bason, where thousands of the greatest vessels may ride safely in the worst of weather and is now open to all privateers, but by this mean wou’d upon all occasions be a secure retreat to our trading ships upon the coast…” 11 Aldridge to December 24, Report has been received that St.
    [Show full text]
  • Was Privateering Plunder Efficient?*
    Was Privateering Plunder Efficient?* Peter T. Leeson† Alex Nowrasteh‡ Abstract This paper argues that when contracts between enemies are enforceable and transaction costs are low, plunderers and their victims benefit from trade that facilitates the former’s ability to plunder the latter. Coasean “plunder contracts” transform part of plunder’s social costs into private benefits for plunderers and their victims. A significant portion of the wealth that plunder would otherwise destroy is preserved instead. The result is more efficient plunder. To investigate our hypothesis we consider maritime marauding in the 18th and 19th centuries. Privateers developed a system of ransom and parole founded on Coasean plunder contracts with victim merchantmen. * We thank Pete Boettke, Tyler Cowen, Chris Coyne, the editor, and two anonymous reviewers for helpful suggestions on an earlier version of this paper and Judith-Jane Stark-Modlin for comments and assistance with accessing several hard-to-find sources. Leeson also thanks the Becker Center on Chicago Price Theory at the University of Chicago, where this research was conducted, and the Mercatus Center at George Mason University. † Email: [email protected]. Address: George Mason University, Department of Economics, MS 3G4, Fairfax, VA 22030. ‡ Email: [email protected]. Address: Santa Clara Law, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053. 1 1 Introduction Every economist knows theft is socially inefficient. From society’s perspective resources thieves use to transfer others’ property to themselves, and resources others use to prevent thieves from stealing their property, are wasted. The social costs of violent theft—of plunder—are larger still.
    [Show full text]
  • All at Sea: an Accusation of Piracy Against William Herle in 1565
    All at Sea: An Accusation of Piracy Against William Herle in 1565 Robyn Adams I com frelye in uppon your honors assurance, to justeffye my doings, & to difface my accusers, aswell to acqwite your honor to the Qwenes majestie, being that waye allwayes mi prefferer, as to discharge my pore honestye everye waye. Consydering whatt a reproche it is to th’entretye of the traffyck, yf I justlye might be charged with this. Requireng therfore most humblye to plede my case in lybertye (accordyng to promys) & if I may be justlye towched, I require no favor but extreme deth, for my emprisonment shold be my undoing, where otherwise mi frynds mene well unto me, but I know your honors word to be suffycyent to me, & hitherto to hathe byn allwayes invyolate.1 Elizabethan privateering is typically associated with the notorious figures of Sir Francis Drake, Sir Walter Raleigh, and Sir Martin Frobisher. Endorsed and celebrated by Elizabeth I and her council, the aggressive policy against Spanish shipping contributed to the legend of English sea power at the end 1. William Herle to Sir William Cecil, 3 August 1565, The National Archives, Kew (TNA): Public Record Office (PRO) SP 15/12/76, fol. 221v. © 2012 by Washington & Jefferson College. All rights reserved. 0049-4127/2012/5801-001 TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEW of the sixteenth century, increasing in frequency after the “victory” over the Armada in 1588, and later connected to colonial enterprise. In the middle years of the century, piracy and privateering were also widespread, although on a much smaller scale and mostly restricted to local waters.
    [Show full text]
  • Salem Maritime Activity After 1800
    Contents Page Establishment and Location 3 Historical Background: Early Maritime Significance of Salem . . 3 The Derbys And Their Maritime Pursuits: Founding the Derby Fortune 4 The Derbys during the Revolutionary War. 5 Privateers and Letters-of-Marque 5 The Grand Turk and The Astrea 6 Search for New Trade Routes and Markets. 7 The East India and China Trade . 7 Salem Ships During the Napoleonic Wars. . 11 Salem Maritime Activity After 1800 . . 14 The Salem Custom House and Nathaniel Hawthorne 14 How to Reach The Site 15 Service to the Public 15 Richard Derby, 1712-83. Reproduced from a portrait by Henry Sargent. Courtesy of the Essex Institute THE COVER The Grand Turk, a ship of 300 tons, was a Revolu- tionary privateer and the first American merchant- The National Park System, of which Salem man to reach the Cape of Good Hope. It was Maritime National Historic Site is a unit, is built for Elias Hasket Derby during the winter of 1780-81, and was one of the most famous vessels dedicated to conserving the scenic, scientific, ever to sail from Salem. This photographic illus- and historic heritage of the United States for tration is a reproduction of a painting made by a the benefit and enjoyment of its people. Chinese artist at Canton in 1786 on a punchbowl presented to the captain of the ship on his departure for Salem. The original punchbowl is in the Peabody Museum of Salem. UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE jj Salem Maritime National Historic Site Establishment and Location From the start, the English colonists of Salem turned to the sea for a livelihood.
    [Show full text]
  • Salem Maritime
    Salem Maritime National Historie Site, Massachusetts of the world. Salem's 150 privateering vessels The task of carrying the war to the British mer­ Throughout the war, sailors preferred to serve E would not remain idle in years to come. chant marine fell to America's merchant sea­ aboard privateers because their percentage of Independence meant losing foreign markets; men, sailing in private ships, the State navies, prize money—as well as their wages—were E Great Britain naturally closed her ports—and and the Continental Navy. At the beginning of higher than on Navy ships: privateers paid sea­ Elias Hasket Derby, 47 years old and well on those of her West Indian and other colonies—to 1776, the Continental Navy had only four ships men $12 to $16 per month, and one 14-year-old his way to becoming America's first millionaire, American vessels. So Salem shipowners, seek­ to put to sea, and was far too small to damage cabin boy's share of a month's prizes was said thrust the brass telescope through the second- ing new markets, sent vessels flying their house the Royal Navy. Congress, therefore, issued to total $700 in cash, a ton of sugar, 35 gallons story window of his counting house, looked past flags to the far corners of the world. They letters of marque and reprisal to individuals of rum, and 20 pounds each of cotton, ginger, the bustle and the ships berthed along the manned their ships with venturesome sailors, authorizing privately owned and operated ves­ logwood and allspice.
    [Show full text]
  • Privateers and Privateering
    ^lOSANCElfj^. £^OKALIFOfttj, .^OFCALIFO/?^ >r & <TJ1J3NV-SQV^ ^AINfHWV ^l-UBRARY-Qc <$UIBRARY0^ ,\V\E-UNIVERS/a vvlOSANCElfj> %HI1V3-J0^ ^fOJIlVOJO^ "%3A!M-3t^ ^OKALIF(%, ^E-UNIVER5//v. ^lOSANCElfj^ e ^AavHan-^ ^fil33NV-S01^ "^AINIHtW ?% ^ios- ^SUIBRARY^ ^•HBRARYQc g ^^ DO ^otainmw^ ^WMITCHO^ ?% v^lOSANCELfj^ ^OFCALIFO/?^ O INA-3WV ^Aavaan-i^ ^Aavaan-3^ \V\EUNIVERto v^lOSANCElfx* ^OJIIVDJO^ <TJ13QNVS0^ %a3AIN03\W' \lifOM^ v^lOSANCElfj^ tW 0= ^ *^ ^ r*\ rllWi R% v^l0S-ANGElfj> S^OFCALIFO% ^OFC * ~r o I l n ^ J? )nvso^ %a3AiNiHt\v y0AavaaiH^ ^Aavaam^ ^ttlBRARYQr ^EUNIVERS/a ^vlOSANCElfx> -< JO^ ^/OJIIVOJO^ <TJ130NV-S01^ "^/WHAINfl-aiW* tAUFO/?^ ^OF-CALIF0% AttE-UNIVERty) vvlOSANCElfjv y0AHvaaiH^ <&to-sov^ %HAINfl-]tf^ osWSMCEl% ^LIBRARYQ^ <SSUIBRARY0/ j^" ^* O _1M_ o )NVS01^ %a]AINrt-3V\V ^lOS-ANGElft* ^OKAIIFO%, ^0F-CAIIF(% %. &-n | O-n %f3AiNfl-3t\v ^AHvaani^ ^Aavaan# <&12DNV-5 [^ ^UIBRARYQ^ AWEUNIVER5-/A ^clOSANCELfj^. ^UIBRAI ^C *3 ^Til3DNVS0# %a3AII«V CAUFO/?^ ^OFCAllFOfy^ ^WEUNIVERI/a ^lOSANCElfj^ O ^f -fc». «-* PRIVATEERS AND PRIVATEERING PRIVATEERS AND PRIVATEERING By COMMANDER E. P. STATHAM, R.N. AUTHOR OF "THE STORY OF THE 'BRITANNIA,'" AND JOINT AUTHOR OF "THE HOUSE OF HOWARD" WITH EIGHT ILLUSTRATIONS New York JAMES POTT & COMPANY 1910 PRINTED IN GREAT BRITAIN OX PREFACE A few words of explanation are necessary as to the pretension and scope of this volume. It does not pretend to be a history of privateering ; the subject is an immense one, teeming with technicalities, legal and nautical ; interesting, indeed, to the student of history, and never comprehensively treated hitherto, as far as the present author is aware, in any single work. The present object is not, however, to provide a work of reference, but rather a collection of true stories of privateering incidents, and heroes of what " " the French term la course ; and as such it is hoped that it will find favour with a large number of readers.
    [Show full text]
  • Putting Privateers in Their Place: the Applicability of the Marque and Reprisal Clause to Undeclared Wars C
    Putting Privateers in Their Place: The Applicability of the Marque and Reprisal Clause to Undeclared Wars C. Kevin Marshailt Few constitutional issues have so consistently held the at- tention of scholars and politicians over the last thirty years as the distribution of war powers between Congress and the Presi- dent. While the Vietnam War and the War Powers Resolution provided the initial sparks,1 Presidents since then have been more than forthcoming in offering new fuel for the war powers debate, particularly President Reagan.2 Not only have presidents carried out acts one could consider "war," such as invading Gre- nada, Panama, or Iraq, but they also have assisted groups seek- ing to topple foreign governments, such as Nicaragua's, often without notifying, much less receiving permission from, Con- gress. These "little wars" and covert actions have ignited yet an- other flame of the post-Vietnam debate.' Several scholars, led by Professors Charles Lofgren and Jules Lobel, have turned to the long-neglected power of Congress to grant letters of marque and reprisal4 to support congressional authority over all military ac- tions short of declared war. t B.A. 1994, Middlebury College; J.D. Candidate 1998, The University of Chicago. I See Peter J. Spiro, Old Wars/New Wars, 37 Wm & Mary L Rev 723, 737 n 31 (1996) (Before Vietnam War, "there was little ... scholarly commentary" on war powers. War was a "turning point" in academic discussion of issue.). 2 See, for example, David Locke Hall, The Reagan Wars: A ConstitutionalPerspective on War Powers and the Presidency 135-269 (Westview 1991) (considering action in Leba- non, invasion of Grenada, bombing of Libya, and escorting of Kuwaiti shipping during the Iran-Iraq war); Gary M.
    [Show full text]
  • A STUDY of the BRITISH HONOURABLE EAST INDIA COMPANY and PIRACY in the INDIAN OCEAN WORLD, CIRCA 1680-1760 John Ridge
    Murray State's Digital Commons Murray State Theses and Dissertations Graduate School 2017 TO STAND AGAINST THE COMPANY: A STUDY OF THE BRITISH HONOURABLE EAST INDIA COMPANY AND PIRACY IN THE INDIAN OCEAN WORLD, CIRCA 1680-1760 John Ridge Follow this and additional works at: https://digitalcommons.murraystate.edu/etd Part of the Asian History Commons, European History Commons, Other History Commons, and the Political History Commons Recommended Citation Ridge, John, "TO STAND AGAINST THE COMPANY: A STUDY OF THE BRITISH HONOURABLE EAST INDIA COMPANY AND PIRACY IN THE INDIAN OCEAN WORLD, CIRCA 1680-1760" (2017). Murray State Theses and Dissertations. 21. https://digitalcommons.murraystate.edu/etd/21 This Thesis is brought to you for free and open access by the Graduate School at Murray State's Digital Commons. It has been accepted for inclusion in Murray State Theses and Dissertations by an authorized administrator of Murray State's Digital Commons. For more information, please contact [email protected]. TO STAND AGAINST THE COMPANY: A STUDY OF THE BRITISH HONOURABLE EAST INDIA COMPANY AND PIRACY IN THE INDIAN OCEAN WORLD, CIRCA 1680-1760 A Thesis Presented to The Faculty of the Department of History Murray State University Murray, Kentucky In Partial Fulfillment of the Requirements for the Degree of a Master’s Degree in History By John Daniel Ridge iii Abstract This study attempts to explore the multi-faceted challenges and hindrances brought upon the British East India Company by piracy in the Indian Ocean World. European and American pirates in the late-seventeenth and early-eighteenth centuries influenced economic, political, and social factors in the Indian Ocean.
    [Show full text]