What makes a Privateer different from a Pirate?
Life was wonderful on the high seas! The thrill of the chase, a galleon armed with cannons. The adrenalin rush as you broad-sided the ship, blasted it's mast and sent men scattering over the side. Then there was the treasure! Chests spilling with gold. The triumphant trip home and the cheers as you sailed into port! Adventure, action, pillage. (Well, the Hollywood version anyway)
And it was all legal.
"How is piracy
legal?" I hear you ask.
Well this isn't piracy, this is Privateering. Historically,
Privateers came into their own during the War between England and
Spain (late 1500's) and preceded the 'popular version' of the 18th
century pirate and Buccaneers, by a few hundred years. Under the
auspice of the High Court of Admirality, private citizens
'who wished to engage the enemy on
thier own account' were initally
entitiled to do so only in redress of private wrongs suffered at the
hands of Spain or Spanish subjects.1 These
citizens became known as Privateers.
Probably one of the best known Privateers was Sir Francis Drake who undertook several expeditions against the Spanish. The last voyage of Sir Francis Drake was in 1595. Other documented expeditions are the voyage of Sir Robert Dudley to the West Indies (1594) and the expedition promoted by John Watts (1590).
The Lord Admiral & the High Court of Admiralty.
In the later 16th century, the High Court
of Admiralty had a wide jurisdiciton including a great variety of
business - not only a Court of Law which dealt wtih disputes between
English and foreign merchants, matters concerning the Law of Prize ,
the Law of Neutrality and the rights of belligerents and freedom of
the Seas, but also administrative in nature. The Judge acted as the
Lord Admiral's deputy.
The Lord Admiral had authority granted him by the Crown and thus
could control matters of 'prize', spoil and piracy. All of which were
profitable. He was entitled to unclaimed wrecks, flotsam, derelict property,
deodand, whales and other 'royal fish' and various other
goods including a share of the
goods legitimately captured from enemies.
This is where privateers came to the fore. They were granted
permission to capture back goods, or goods to the value of that which
were deemed to have fallen into other hands. They were often given a
share of the spoils - the Lord Admiral often taking one tenth of the
prizes, as was the case of all prizes taken during the English war
with Spain.
There are surviving accounts of this
documented between 1587 and 15982
"For each prize, a separate entry
was made identifying the privateer, its owners, the Captain and
Master, the nature of prize-good and an account of the sale and
disposal of the goods considered to be the tenth and the price for
which it was sold." (Andrews, P
5)
From 1598, the Lord Admiral had the right to issue Letters of Reprisal and to adjudicate the prizes captured by them which was particularly important during the English war with Spain.
Letters of Reprisal .
After pleading to the High Court,
providing proof (through witnesses) that they had suffered a loss,
the Privateer (plaintiff) was granted their Letter of Reprisal, or
warrant, which licensed the privateer to recoup his losses upon
shipping and goods from the Spanish shipping (in the case of the
English/Spanish war). This letter lasted 6 months and was issued by
the Lord Admiral. Some priveleged persons received Letters of Patent
or Letters of Marque (special commission) by Queen Elizabeth
herself.
After 1585, the obligation to prove loss became less serious and
there is no evidence to suggest that anyone who applied with Letters
of Reprisal were ever refused. Mind you, the judge was also paid a
fee for every grant given.
But there were rules. A bond of £3000 per ship, was paid to try
to ensure that the Captain (and their men) would follow certain rules
of conduct. First you had to go straight to the area where the said
vessels were and not attack any allies or your own country's ships in
the mean time. The 'prize', consisting of the ship and its cargo, was
then to be taken directly to the closest convenient allied port to be
inventoried and appraised. One tenth was then to be surrendered to
the Lord Admiral or his officers.
The problem was that not all of the Captains (or their crew) were always willing to give up any of their loot when they had worked so hard to get it. Others could not resist the urge to plunder some of their own countrymen. These were the pirates. So, as you can see, the definition between privateer and pirate depended on which country in which your were born.
After 1589, England's Privy Council
required the Privateer to appear in court and give statement that the
'prize' was actually seized under Letter of Reprisal and give account
of the prize and its contents. If not challenged within a year, the
prize, having been duly inventoried and appraised, was surrendered to
the captor (Privateer).
After 1591, Privateers were required to bring back the ship's crew as
well. The crew were often used as witnesses to prove the privateer's
claims. They were also used as slaves.
In the following century, pirates (doing the same thing) were more
common as the Lord Admiral and Queen were less likely to grant the
Letter of Reprisal and more seamen did not bother whom they captured
their prize from.
Forms of Letters of Reprisal & Letters of Marque.
The Letters of Reprisal, to the Lord Admiral, usually contained the following:
Not all warrants endorsed always contatin the full information required.
The Captains and masters then entered into bonds payable to the Lord Admiral, to ensure the Captain and crew's conduct. These were signed by the Captain and Master of the Ship, with one bond per ship. This often contained the following:
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