A General History of the Pirates · Chapter
An Abstract of the Civil Law and Statute Law Now in Force, in Relation to Piracy explained
This chapter provides a legal abstract of civil and statute laws concerning piracy, defining pirates as hostis humanis generis and detailing the legal distinctions, jurisdictional rules, and trial procedures for piracy under English law, in
What happens
This chapter provides a legal abstract of civil and statute laws concerning piracy, defining pirates as hostis humanis generis and detailing the legal distinctions, jurisdictional rules, and trial procedures for piracy under English law, including references to acts from 28 H. 8, 11 and 12 W. 3, and 4 G. c. 11.
Themes in this chapter
Law, Injustice, and the Blurred Line Between Privateer and Pirate
The chapter details legal definitions and statutes that distinguish piracy from privateering, highlighting the fine line between lawful and unlawful maritime violence.
Corruption of Colonial Governance
The legal provisions for trying pirates in colonial dominions and the role of commissions reflect the governance structures and potential for corruption in maritime law enforcement.
Key passages
“A pirate is hostis humanis generis, a common enemy, with whom neither faith nor oath is to be kept, according to Tully.”
A pirate is considered an enemy of all humanity, and no promises or oaths made with them are binding.
This definition establishes the legal and moral status of pirates as outside the protection of law.
“If letters of marque be granted to a merchant, and he furnishes out a ship, with a captain and mariners, and they, instead of taking the goods, or ships of that nation against whom their commission is awarded, take the ship and goods of a friend, this is piracy”
If a privateer with a letter of marque attacks a neutral or friendly ship instead of the intended enemy, the act is considered piracy.
This illustrates the legal boundary between lawful privateering and piracy.
“If piracy be committed on the ocean, and the pirates in the attempt be overcome, the captors may, without any solemnity of condemnation, hang them up at the main-yard”
If pirates are captured during an attack on the high seas, their captors may execute them immediately without a formal trial.
This reflects the harsh summary justice often applied to pirates.