Page:Ruffhead - The Statutes at Large - vol 4.djvu/90

 ij.4. C. 7. Anno yndecimo & duodecimo Gulielmi IH. A. D. 1700. or Mates of iome.EngUp Ship, fliall be capable of being fo called, and fitting and voting in the faid Court. ^Tailed in cafe ^^^ ^"^ ^^ ''^ enafted by the Authority aforefaid, That fuch Perfons called and affembled-as aforefaid, of Trial of Pi- ^hall have full Power and Authority, according to the Courfe of the Admiralty, to iffue Warrants for rate. Sec. bringing any Perfons accufed of Piracy or Robbery, before them to be tried, heard, and adjudged; and to fummon Witriefles, and to take Informations and Examinations of Witneffcs upon their Oath; and to do all things neceffary for the hearing and final Determination of any Cafe of Piracy, Robbery, and Fe- lony; and to give Sentence and Judgment of Death, and to award Execution of the Offenders convifted and attainted as aforefaid, according to the Civil Law, and the Methods and Rules of the Admiralty; and that all and every Perfon and Perfons fo convi£led and attainted of Piracy or Robbery, fhall have and fuffer fuch LolTes of Lands, Goods and Chattels, as if they had been attainted and convidied of any Pi- racies, Felonies, and Robberies according to the aforementioned Statute made in the Reign of King Henry the.Eighth. King's Com- V. Provided always, and be it further enafted by the Authority aforefaid, That fo foon as any Court J"?""!"'* fhall be affembled as aforefaid, either on Ship-board or upon the Land, the King's Commiffion fhall firft be openly read, and the faid Court then and there fhall be folemnly and publickly called and proclaimed; Prefident to take and then the Prefident of the Court flaall, in the firft Place, publickly in open Court take the following Oath"'^""'"^ Path, viz. ' T vf. 5, do fwear in the Prefence of Almighty God, That I will truly and impartially try and adjudge ' % the Prifoner or Prifoners which fiiall be brought upon his or their Trials before this Court, and ho- ' neftly and duly, on rny Part, put his Majefty's Commiffion for the trying of them in Execution, ac- ' cordmg to the beft of' my Skill and Knowledge : And that I have no Intereft, direftly or indiredlly, in any Ship or Goods, for the Piratically taking of which any Perfon ftands accufed, and is now to be tried : So help me God, AEd then to ad- VL And he having taken the Oath in Manner aforefaid, fhall immediately adminifter the fame Oath ™'">f ■"i?'^'^"^ to every Perfon who fhall fit, and have and give a Voice in the faid Court upon the Trial of fuch Prifoner w the other ^j. Pj-Jfoners as aforefaid; and immediately thereupon the faid Prifoner or Prifoners fhall be formally How Prifoners brought before them; and then the Regifter of the faid Court fhall openly and diftincStly read the Articles jbalTbe brought againfl fuch Prifoner or Prifoners, upon which they or any of them is or are to be tried; wherein fhall fcefore them and be fet forth the particular Fatft or Fadls of Piracy, Robbery, and Felony, with the Time and Place tried. when and vfhere, and in what Manner it was committed; and then each Prifoner fhall be asked. Whether he be guilty of the faid Piracy and Robbery, or Felony, or not guilty? Whereupon every fuch Prifoner fhall immediately plead thereunto. Guilty, or Not guilty, or elfe it fhall be taken as confefFed, and he fhall fuffer fach Pains of Death, Lofs of Lands, Goods and Chattels, and in like Manner, as if he or Prifoners plead- they had been attainted or convicted upon the Oath of Witneffes, or his own Confeflion; but if any Pri- ing Not Eui'tv, foncr fhall plead Not guilty, Witneffes fhall be produced by the Regifler, and duly fworn and examined Witneffes fliaU be ^pgj^jy^ wx;<7 wff, in the Prifoner's Prefencc; and after a Witnefs hath anfwered all the Queftions pro- ,oce, pofed by the Prefident o/ the Court, and given his Evidence, it fhall and may be lawful for the Prifoner to have the Witnefs crofs-examined, by firit declaring to the Court what Quefxions he would have asked, and thereupon the Prefident of the Court fhall interrogate the Witnefs accordingly; and every Prifoner fhall have Liberty to bring Witneffes for his Defence, who fhall be fworn, and examined upon Oath, as the Witneffes were that teftified againft him; and afterwards the Prifoner fhall be fairly heard what he can fay for himfelf; all which being done, the Prifoner fhall be taken away and kept in fafe Cuftody, and all other Perfons, except the Regifter, fhall withdraw from the faid Court, and then the Court fhall con- fider of the Evidence which hath been given, and debate the Matters and Circumftances of the Prifoner's Cafe, and the Prefident of the Court fhall coUeft all the Votes of the Perfons who do fit and have Voices in the faid Court, beginning at the Junior firft, and ending with himfelf; and according to the Plura- lity of Voices, Sentence and Judgment fhall be then given and pronounced publickly in the Prefence of How Sentence the Prifoner or Prifoners, being called in again; and according to fuch Sentence and Judgment the Per- ihall be executed, fo^ or Perfons attainted fhall be executed and put to Death, at fuch Time, in fuch Manner, and in fuch Place upon the Sea, or within the ebbing or flowing thereof, as the Prefident or the Major Part of the Court, by Warrant direiled to a Provoft Marfhal (which the Prefident or faid Major Part fhall have Power to conftitute) fliall appoint. Regifter of the VIL And be it further enafted by the Authority aforefaid. That fome Perfon, being a Publick Notary, p°w'-'u'v^ * fhall be Regifter of the Court; and in cafe of his Abfencc, Death, or Incapacity, or for want of a Per- "^' fon fo qualified, the Prefident of the Court fhall and may appoint a Regifter, giving him an Oath (which he is hereby impowered to adminifter) duly, faithfully, and impartially to execute his Office; which Re- gifter fhall prepare all Warrants and Articles, and take care to provide all Things requifite for any Trial, according to the fubftantial and effential Parts of Proceedings in a Court of Admiralty, in the moft fum- mary Way; and fhall take Minutes of the whole Proceedings, and enter them duly in a Book by hirri to be kept for that Purpofe; and fhall from Time to Time, as Opportunity offers, tranfmit the fame, with the Copies of all Articles and Judgments given in any fuch Cafes, in any Court whereof he fhall be Re- gifter, unto the High Court of Admiralty of £«^/r?.W. VIII. And