The Trial of Captain Green Sheriff J Irvine Smith QC*
THE TRIAL OF CAPTAIN GREEN 191 The Trial of Captain Green Sheriff J Irvine Smith QC* INTRODUCTION Piracy, one of the oldest and apparently still ineradicable of crimes, has always intrigued the minds of humanity, and its details corrupted their imagination. It does not, however, occupy a signicant place in the calendar of Scottish crimes. Here was a country which for centuries had an unenviable reputation for violence in most of its many forms, but the criminal records of Scotland contain few cases of piracy. Scotland had neither the coast, the climate nor the commerce found in the traditional pirate areas of the world in the seventeenth and eighteenth centuries – the Mediterranean, the Caribbean, the Indian Ocean (“most strange, sequestered and beautiful of Seas”) and the South China Seas – on protable trade routes and comparatively calm seas. Baron Hume’s classic Commentaries on Scots criminal law refer only to some eight Scottish cases of piracy in the period 1535 to 1781.1 In 1705, however, the trial of Captain Green, and his crew in Edinburgh, gave Scotland the most noted trial for piracy in the modern era. Hume describes this case as “one of some interest and curiosity in itself, but which attracted still more attention, owing to the prevailing discontents and political complexion of the times”.2 Most trials of importance, and this is certainly one, concern and interest only the parties, their relatives and friends. There are, however, a few whose facts are of an importance and concern, where the interest extends to societies and nations. These are cases which involve, acutely and immediately, the issues which at their date are the concern of their societies.
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