Lably
Skip to content

Privateer

Person or ship engaging in maritime warfare under commission

  • 37 min read
  • 4 chapters
Fight between the French Confiance ( Robert Surcouf ) and the Kent
Ambroise Louis Garneray · Public domain

Related on Lably

Through Piracy, Mughal Empire and Dutch colonial empire

Privateering allowed sovereigns to augment their naval forces at relatively low cost by mobilizing privately owned armed ships and sailors to supplement state power. For participants, privateering provided the potential for a greater income and profit than obtainable as a merchant seafarer or fisher while avoiding the dangers associated with outright piracy. However, the line between privateers and pirates was not always clear.

The commission usually protected privateers from accusations of piracy, but in practice the historical legality and status of privateers could be vague. Depending on the specific sovereign and the time period, commissions might be issued hastily; privateers might take actions beyond what was authorized in the commission, including after its expiry. A privateer who continued raiding after the expiration of a commission or the signing of a peace treaty could face accusations of piracy. The risk of piracy and the emergence of the modern state system of centralised military control caused the decline of privateering by the end of the 19th century.

The commission was the proof the privateer was not a pirate. It usually limited activity to one particular ship, and specified officers, for a specific period of time. Typically, the owners or captain would be required to post a performance bond. The commission also dictated the expected nationality of potential prize ships under the terms of the war. At sea, the privateer captain was obliged to produce the commission to a potential prize ship's captain as evidence of the legitimacy of their prize claim. If the nationality of a prize was not the enemy of the commissioning sovereign, the privateer could not claim the ship as a prize. Doing so would be an act of piracy.

In British law, under the Offences at Sea Act 1536, piracy, or raiding a ship without a valid commission, was an act of treason. By the late 17th century, the prosecution of privateers loyal to the usurped King James II for piracy began to shift the legal framework of piracy away from treason towards crime against property. As a result, privateering commissions became a matter of national discretion. By the passing of the Piracy Act 1717, a privateer's allegiance to Britain overrode any allegiance to a sovereign providing the commission. This helped bring privateers under the legal jurisdiction of their home country in the event the privateer turned pirate. Other European countries followed suit. The shift from treason to property also justified the criminalisation of traditional sea-raiding activities of people Europeans wished to colonise.

The legal framework around authorised sea-raiding was considerably murkier outside of Europe. Unfamiliarity with local forms of authority created difficulty determining who was legitimately sovereign on land and at sea, whether to accept their authority, or whether the opposing parties were, in fact, pirates. Mediterranean corsairs operated with a style of patriotic-religious authority that Europeans, and later Americans, found difficult to understand and accept. It did not help that many European privateers happily accepted commissions from the deys of Algiers, Tangiers and Tunis. The sultans of the Sulu archipelago (now present-day Philippines) held only a tenuous authority over the local Iranun communities of slave-raiders. The sultans created a carefully spun web of marital and political alliances in an attempt to control unauthorised raiding that would provoke war against them. In Malay political systems, the legitimacy and strength of their Sultan's management of trade determined the extent he exerted control over the sea-raiding of his coastal people.

Privateers were implicated in piracy for a number of complex reasons. For colonial authorities, successful privateers were skilled seafarers who brought in much-needed revenue, especially in newly settled colonial outposts. These skills and benefits often caused local authorities to overlook a privateer's shift into piracy when a war ended. The French Governor of Petit-Goave gave buccaneer Francois Grogniet blank privateering commissions, which Grogniet traded to Edward Davis for a spare ship so the two could continue raiding Spanish cities under a guise of legitimacy. New York Governors Jacob Leisler and Benjamin Fletcher were removed from office in part for their dealings with pirates such as Thomas Tew, to whom Fletcher had granted commissions to sail against the French, but who ignored his commission to raid Mughal shipping in the Red Sea instead.

Some privateers faced prosecution for piracy. William Kidd accepted a commission from King William III of England to hunt pirates but was later hanged for piracy. He had been unable to produce the papers of the prizes he had captured to prove his innocence.

Privateering commissions were easy to obtain during wartime but when the war ended and sovereigns recalled the privateers, many refused to give up the lucrative business and turned to piracy. Boston minister Cotton Mather lamented after the execution of pirate John Quelch:

Yea, since the privateering stroke so easily degenerates into the piratical and the privateering trade is usually carried on with so un-Christian a temper and proves an inlet unto so much debauchery and iniquity and confusion, I believe I shall have good men concur with me in wishing that privateering may no more be practised except there may appear more hopeful circumstances to encourage it.

Sign in to keep reading

3 more chapters are free with a Lably account.

More in Politics and economics