Letter of marque - official authorisation for state-commissioned piracy
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Letters of marque emerged in the 12th century as part of the regulation of the hitherto relatively lawless space at sea.
From the Middle Ages until the beginning of the 19th century, it was common international practice for states or sovereigns to authorise private seafarers with a letter of marque to capture, plunder or even sink ships belonging to enemy or competing nations in order to support their naval forces in times of war, but also in peacetime. The privateer was therefore officially acting on behalf of the issuing state.
Privateering was primarily directed against enemy maritime trade. Sailors did not receive pay, but the right to retain part of the spoils of war. The letter of marque granted him legal protection from the issuing state. The privateer was allowed to dock freely in the harbours of the issuing nation and was not prosecuted as a pirate. In return, the privateer captain had to pay a portion of the booty to the issuing state.
Until the 19th century, privateering remained an accepted part of naval warfare. The gradual international outlawing of privateering began with the signing of the Paris Declaration on the Law of the Sea on 16 April 1856. However, the USA, Spain and Mexico did not sign up to this Declaration of the Law of the Sea.
Well-known privateers included Klaus Störtebeker, Sir Francis Drake and Walter Raleigh.
Privateering and piracy are not identical, because the pirate acts unlawfully and on his own authority by deciding which ship to attack and by freely disposing of the booty.
