<Hinman’s Antiquities

An Act for the restraining and punishing of Privateers and Pirates.

Whereas nothing can more contribute to his sacred honnour, than that such articles as are concluded and agreed on, in all treaties of peace, should by all his Majesties subjects, according to their duty, be most, inviolably preserved and kept, in and over all his Majesties dominions and territories ; and whereas not only against such treaties of peace, made by his Majesty with his allies, but also contrary to his Majesties Royall Proclamation, severall of his subjects have and do continually go off from this colony into foreign Princes services, and sail under their commissions, contrary to their duty and good allegiance, and by fair meanes cannot be restrained from so doing.

Be it therefore enacted by ___________________________ and it is hereby enacted by the authority of the same, that from and after publication hereof, it shall be fellony for any person, which now doth, or within four years last past, heretofore hath, or hereafter shall inhabitt or belong to this colony, to serve in America, in a hostile manner, under any foreign Prince, State or Potentate, or any imployed under any of them, against any other foreign Prince, State or Potentate, in amity with his Majesty, without special lycense for so doing, under the hand and seal of the Governour or Commander-in-chief of this colony, for the time being, and that all and every offender or offenders, contrary to the true intent of this act, being thereof duly convicted in any of his Majesties Courts of Judicature within this colony: To which Court authority is hereby given to hear and determine the same, as in other cases of fellony, shall suffer pains of death without the benefitt of the clergy: Provided nevertheless, that this act, nor any thing therein contained, shall extend to any person or persons, which now are, or have been in the service or imployment of any forreign Prince, State or Potentate whatsoever, that shall return to this Colony and leave and desert such service and employment before the first day of January next ensuing, rendering themselves to the Governour or Commander in Chief for the time being, and giveing him such security as he shall appoint for their future good behaviour; and also that they shall not depart this Colony without the Governours leave.

And for the better and more speedy execution of Justice upon such, who having comitted Treasons, Piracies, Fellonies and other offences upon the sea, shall be apprehended in, or brought Prisoners to this Colony; be it further enacted, by the authority aforesaid, that all Treasons, Fellonies, Piracies, Robberies, Murthers or confederacies comitted, or that shall hereafter be comitted upon the Sea, or in any Haven, Creek or Bay, shall be inquired, tryed, heard, determined and judged within this Colony, in such like forme, as if such offence had been comitted in and upon the land; and to that end and purpose comissions shall be had under the Kings great Seal of this Colony, directed to the Judge or Judges of the Admiralty of this Colony for the time being, and to such other substantiall persons, as by his Majesties Governour or Commander in Chief of this Colony for the time being, shall be named or appointed, which said commissioners or such quorum of them, as by such commission shall be thereunto authorized, shall have full power to do all things in and about the inquiry, hearing, determining, adjudging and punishing of any of the crimes and offences aforesaid, as any comissioners to be appointed under the great Seal of England, by vertue of a Statute made in the twenty eighth year of the Reign of King Henry 8th, are impowered to do and execute within the Kingdom of England; and that the said offenders which are, or shall be apprehended in, or brought prisoners to this Colony. shall be lyable to such order, process, judgments and executions, by vertue of such comission to be grounded upon this act, as might be awarded or given against them, if they were proceeded against within the Realm of England, by vertue of any comission, grounded upon the said Stattute. And all tryalls hereafter had against criminall or criminals before any Judge or Judges, by vertue of such comission or authority at any time hereto-fore granted, and all proceedings thereupon are hereby ratified, confirmed and adjudged lawfull, and all such Judges, with all and every the inferiour officers that have acted thereby, are hereby indemnified to all intents and purposes whatsoever, and in case they or any of them shall at any time hereafter be sued, vexed, molested or troub-len for any such their proceedings as aforesaid, he or they so sued, vexed or molested, shall plead the general issue, and give this act in evidence. Any Law, Statute or custome or usage to the contrary in any wise notwithstanding.

And be it further enacted by the authority aforesaid, that alt and every person or persons that shall any way knowingly, entertain, harbour, conceal, trade or hold any correspondence by letter or otherwise, with any person or persons, that shall be deemed or adjudged to be Privateers, Pirates or other offenders within the construction of this act, and that shall not readily endeavour, to the best of his or their power to apprehend or cause to be apprehended such offender or offenders, shall be liable to be prosecuted as accessaries or confederates, and to suffer such pains and penalties as in such case by law is provided. And for the better and more effectuall execution of this act, Be it further enacted by the authority aforesaid, that all comission officers in their severall precincts within this Colony, are hereby required and impowered, upon his or their knowledge, or notice given, that any Privateers, Pirates or other persons suspected to be upon any unlawfull designe, are in any place within their respective precincts, to raise and levy such a number of well armed men, as he or they shall think needfull for the seizing upon, binding and carrying to Goal, all and every such person or persons; and in case of any resistance or refusall to yield obedience to his Majesties authority, it shall be lawfull to kill or destroy such person or persons, and all and every person or persons, that shall oppose or resist by strikeing or fireing upon any of the comanded parties, shall be deemed, taken and adjudged as fellons without benefitt of the Clergy; and every such officer that shall omitt or neglect his duty therein, shall forfeit fifty pounds currant money of this Colony for every such offence, to be recovered in any of his Majesties Courts of Record within this Colony, by bill, plaint or information, wherein no Essoigne, wager of Law or protection shall be allowed, one moiety thereof to be to our Sovreigne Lord the King, his heirs and successors for and towards the support of the government of this Colony, and the contingent charges thereof; and the other moiety to the informer, and all and every person or persons that, upon orders given him or them, shall refuse to repair immediately, with his or their arms well fixed, and ammunition, to such place or places as shall be appointed by the said officer, and not readily obey his comands in the execution of the premises, shall be liable to such fine or corporall punishment as by a mentall Court Marshall, shall be thought fitt.