Prosecuting privateers for piracy: How piracy law transitioned from treason to a crime against property. (November 2016)

• Record Type: Journal Article
• Authors: Craze, Sarah
• Is Part Of: International journal of maritime history. Volume 28:Number 4(2017)
• Page Start: 654
• Page End: 670
• Publication Date: 2016-11
• Subjects: piracy -- piracy law -- privateering -- sovereign authority; Navigation -- History -- Periodicals; Shipping -- History -- Periodicals; 387.509005
• DOI: 10.1177/0843871416663987
• Languages: English
• ISSNs: 0843-8714

Abstract

In the late seventeenth century, the battle for the English throne between the anointed King James II and his usurper and son-in-law William precipitated a shift in the legal interpretation of piracy. The trial in 1694 of eight of King James' privateers, and specifically the position of their advocate, William Oldish, significantly influenced this shift. Oldish claimed that allegiance to a sovereign was a choice, not an obligation, and this shaped the development of the law relating to piracy, which became a crime of property rather than a crime of treason. This transition was embodied in the Piracy Act of 1698. But as this legislation expired after only seven years, the passing of the 1708 Prize Act occurred in a legislative environment at odds with the precedents being set in courts at the time. The aim of this article is to set the legislation of the 1690s in a long-term context to offer a clearer understanding of the evolution of the law pertaining to private prize-taking activity at sea.