Page:Ruffhead - The Statutes at Large - vol 4.djvu/91

 A. D. 1700. Anno undecimo & duodecimo Gulielmi III. C. 7. 45 YIII. And be it further enadled by the Authority aforefard. That if any of his Majefty's natural-born King's Subjeft.* Subjedts, or Denizens of this Kingdom, fhall commit any Piracy or Robbery, or any A£t of Hoftility, *;'.'^' co™"""'^ againft others his Majefty's Subjeds upon the Sea, under colour of any Commiffion from any foreign Prince ^^"|^^ Kind's"' or State, or Pretence of Authority from any Perfon whatfoever,^ fuch Offender and Offenders, and every subjefls by of them, fiiall be deemed, adjudged, and taken to be Pirates, Felons, and Robbers ; and they and every Commiflion of them being duly convifted thereof, according to this Act, or the aforefaid Statute of King Henry tho from any foreign Eighth, {hall have and fuffcr fuch Pains of Death, Lofs of Lands, Goods, and Chattels, as Pirates, Fe- ^"f •,";'.'"'= Ions, and Robbers upon the Seas ought to have and fuffer. ^c and fu'fe"' IX. And be it further enafted. That it any Commander or Mafter of any Ship, or any Seaman or Death. Mariner, fliall in any Place wher^ the Admiral hath Jurifdi6Hon, betray his Truft, and turn Pirate, E- nemy, or Rebel, and piratically and felonioufly run away with his or their Ship or Ships, or any Barge, j^^^^^^^L°' Boat, Ordnance, Ammunition, Goods, or Merchandizes, or yield them up voluntarily to any Pirate, ^^^Yuetrl^ his or fhall bring any feducing Meffages from any Pirate, Enemy, or Rebel, or confult, combine, or confe- Truft, or turn derate with, or attempt or endeavour to corrupt any Commander, Mafter, Officer, or Mariner to yield Pirate, &c. up or run away with any Ship, Goods, or Merchandizes, or turn Pirate, or go over to Pirates, or if any Perfon fhall lay violent Hands on his Commander, whereby to hinder him fiom fighting in Defence "y Pcion laying of his Ship and Goods committed to his Truft, or that fhall confine his Mafter, or make, or endeavour to his Commander" tnake a Revolt in the Ship, Ihall be adjudged, deemed, and 'taken to be a Pirate, Felon, and Robber, &c. ftall bead-' and being convicted thereof, according to the Direftions of this Act, fhall have and fuft'er Pains of judged a Pirate, Death, Lofs of Lands, Goods, and Chattels, as Pirates, Felons, and Robbers upon the Seas ought ^"'^''"ff" Death, to have and fuffer. ' X. And whereas feveral evil-difpofed Perfons, in the Plantations and elfewhere, have contributed ' very much towards the Increafe and Encouragement of Pirates, by fetting them forth, and by aiding, ' abetting, receiving, and concealing them and their Goods, and there being fome Defedts in the Laws ' for bringing fuch evil-difpofed Perfons to condign Punifhment ;' Be it enaiSted by the Authority aforefaid". That all and every Perfon and Perfons whatfoever, who, after the twenty-ninth Day of September in the Perfons fetting Year of our Lord one thoufand feven hundred, fhall either on the Land, or upon the Seas, knowingly or forth, or aiding, wittingly fet forth any Pirate, or aid and aflift, or maintain, procure, command, counfel or advife any °''. ^ffifting any Perfon or Perfons whatfoever, to do or commit any Piracies or Robberies upon the Seas, and fuch Perfon '"'*' '• and Perfons fhall thereupon do or commit any fuch Piracy or Robbery, then all and every fuch Perfon or Perfons whatfoever, fo as aforefaid fetting forth any Pirate, or aiding, aiTifting, maintaining, procuring, commanding, counfelling or advifing the fame, either on the Land or upon the Sea, fliall be and are hereby declared, and fhall be deemed and adjudged to be acceffary to fuch Piracy and Robbery done and (ji^i] i,^ adjudged committed ; and further. That after any Piracy or Robbery^ is or fhall be committed by any Pirate or Acceflaries. Robber whatfoever, every Perfon and Perfons, who knowing that fuch Pirate or Robber has done or committed fuch Piracy and Robbery, fliall, on the Land or upon the Sea, receive, entertain or conceal The likefor- any fuch Pirate or Robber, or receive or take into his Cuftody any Ship, Veffel, Goods or Chattels, cealing Pirate, which have been by any fuch Pirate or Robber piratically and felonioufly taken, fhall be and are hereby &«■ likewife declared, deemed and adjudged to be acceflary to fuch Piracy and Robbery; and that after the faid nine and tv/entieth Day of iSf/ito/zZ'^'r, all fuch Acceflaries to fuch Piracies and Robberies fhall and j^^^ ^^^.^jj-^j^^j may be enquired of, tried, heard, determined and adjudged after the common Courfe of the Laws of this fhall be tried. Land, according to the faid Statute made in the twenty-eighth Year of King Henry the eighth, as the Principals of fuch Piracies and Robberies may and ought to be, and no otherwife j and being thereupon attainted, fhall fuffer fuch Pains of Death, LolTes of Lands, Goods and Chattels, and in like Manner, as the Principals of fuch Piracies, Robberies and Felonies ought to fufter, according to the faid Statute of King Henry the eighth, which is hereby declared to be and continue in full Force ; any thing in this prefent A£t contained to the contrary notwithftanding. ' XL And forafmuch as it will alfo conduce to the fupprefUng of Robberies on the Sea, if due Encou- ' ragement be given, and Rewards allowed, to fuch Commanders, Mafters, and other Officers, Seamen, ' and Mariners, as fhall either bravely defend their own Ships, or take, feize and deftroy Pirates, Sea ^ Rovers, and Enemies ;' Be it further enacted by the Authority aforefaid. That when any EngUJh Ship Encouragement ftiall have been defended againft any Pirates, Enemies, or Sea Rovers by Fight, and brought to her de- for Commanders figned Port, in which Fight any of the Officers or Seamen fhall have been killed or wounded, it fhall and defend^hel" " may be lawful to and for. the Judge of his Majefty's High Court of Admiralty, or his Surrogate in the ships againft Port of London, or the Mayor, Bailiff, or Chief Officer in the feveral Out Ports of this Kingdom, upon Pirates, &c. the Petition of the Mafter or Seamen of fuch Ship, fo defended as aforefaid, to call unto him four or more good and fubftantial Merchants, and fuch as are no Adventurers or Owners of the Ship or Goods fo defended, and have no Manner of Intereft therein, and by Advice with them to raife and levy upon the refpedtive Adventurers and Owners of the Ship and Goods fo defended, by Procefs out of the faid Court, fuch Sum or Sums of Money as himfelf and the faid Merchants, by Plurality of Voices, fhall de- termine and judge reafonable, not exeeding two Pounds per Centum of the Freight, and of the Ship and Goods fo defended, according to the firft Colts of the Goods ; which Sum or Sums of Money fo raifed, fhall be diftributed among the Captain, Mafter, OiRcers, and Seamen of the faid Ship, or Widows and Chil- dren of the flain, according to the Diredtion of the Judge of the faid Court, or his Surrogate in the Port of London, or the Mayor, Bailiff" or Chief Officer in the feveral Out-ports of this Kingdom, with the Approbation of the Merchants aforefaid, who fhall proportion the fame, according to their heft Judg- ment, unto the Ships Company as aforefaid, having fpecial Regard unto the Widows and Children of fuch. as ihaU..ha.ve been flain. in. that Service, and fuch.as have been wounded or maimed.- XIL And con»