Page:A general history of the pyrates, from their first rise and settlement in the Island of Providence, to the present time (1724).djvu/438



Pyrate is Hotis humanis generis, a common Enemy, with whom neither Faith nor Oath is to be kept, according to Tully. And by the Laws of Nature, Princes and States are reponible for their Neglect, if they do not provide Remedies for retraining thee ort of Robberies. Though Pyrates are called common Enemies, yet they are properly not to be term’d o. He is only to be honour’d with that Name, ays Cicero, who hath a Commonwealth, a Court, a Treaury, Conent and Concord of Citizens, and ome Way, if Occaion be, of Peace and League: But when they have reduced themelves into a Government or State, as thoe of Algier, Sally, Tripoly, Tunis, and the like, they then are allowed the Solemnities of War, and the Rights of Legation.

If Letters of Marque be granted to a Merchant, and he furnihes out a Ship, with a Captain and Mariners, and they, intead of taking the Goods, or Ships of that Nation againt whom their Commiion is awarded, take the Ship and Goods of a Friend, this is Pyracy; and if the Ship arrive in any Part of his Majety’s Dominions, it will be eized, and for ever lot to the Owners; but they are no way liable to make Satifaction.

If a Ship is aaulted and taken by the Pyrates, for Redemption of which, the Mater becomes a Slave to the Captors, by the Law Marine, the Ship and Lading are tacitly obliged for his Redemption, by a general Contribution; but if