The Legal History of Pirates & Privateers by Thomas J. Shaw
The story of pirates and privateers was actually a tale of legalities and illegalities, separated by a thin statutory line marking those on one side as criminals and the other side as heroes worthy of reward. The illegal and universally condemned acts of maritime piracy and the legal and nationally praised acts of maritime privateering are the basis for this book. Nearly two hundred legal issues are identified among more than a hundred trials of pirates and prize ships seized by privateers, across several centuries of American and British history. These range from the intention to turn pirate, pirates as witnesses, common versus civil law piracy, trying foreign pirates, and special proofs for convicting women, physician, child, indigent, and Black pirates to the use of letters of marque and reprisals versus privateering commissions, condemning or acquitting neutral ships and cargo, the impact of fraudulent ship’s papers, the law of nations versus municipal law, and flying false colors during an attack.…