APRIL 1699.−−−11th WILLIAM III.

ACT V.

An act for restraining and punishing of Pirates and Privateers

WHEREAS nothing can more conduce to the honour of his most sacred majesty then that such articles of peace as are concluded in all treaties should be kept and preserved inviolable by his majestyes subjects in and over all his majestyes territories and dominions and forasmuch as great mischief and depredations are dayly done upon the high seas by pyrates privateers and sea robers in not onely takeing and pillageing severall ships and vessels belonging to his majestyes subjects but also in takeing, destroying and robing severall ships belonging to he subjects of fforeigne princes in leage and amity with his majesty−−

Be it therefore enacted by the Governour, Councell and Burgesses of this present Generall Assembly, and the authority thereof, and it is hereby enacted, That if any pirates, privateers or sea robers, or any other persons suspected to be such shall land and put on shoar in any port or place in this his majestyes collony and dominion upon notice given or knowledge thereof, all officers civill and military are hereby required and impowered to raise and levy such a number of well armed men as he or they shall judge necessary for the seizing, apprehending and carrying to gaol of any and every such person or persons, and in case of any resistance or refusall to yield obedience to his majestyes 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 the said authority by strikeing or fireing upon any person in execution of this act, shall be deemed taken and adjudged as fellons without benefitt of clergy, and every such officer that shall omitt or neglect his duty therein and being lawfully convicted shall for every such offence forfeit fifty pounds sterling, one moyety to our sovereigne lord the king, his heirs and successors for and towards the better support of the government and the contingent charges thereof, and the other moyety to him that shall sue or informe for the same in any court of record in this his majestyes collony and dominion, in which no essoigne protection or wager of law shall be allowed. And for the better and more speedy execution of justice upon such who haveing committed treasons, piricyes, felloneyes or other offences upon the sea, and shall be apprehended or brought prisoners to this his majestyes collony and dominion.

Be it further enacted by the authority aforesaid, and it is hereby enacted, That all treasons, fellonyes, piracyes, robberies, murders or other capitall offences that shall be committed upon the high seas or in any river, haven, creek or bay where the admirall hath jurisdiction, shall be enquired, tryed, heared, determined, judged and execution awarded and done within this his majestyes collony and dominion in such forme as if such offence had been comited in and upon the land of this his majestyes collony and dominion. And to that end and purpose the governor or commander in chief of this his majestyes colony and dominion for the time being, is hereby desired and impowered to issue out commissioners of oyer and terminer under his hand, and his majestyes seal of this his colony and dominion directed to the judge or judges of the admiralty of this his majestyes colony and dominion for the time being and to such other substanciall persons as he shall think fitt to nominate and appoint, which said commissioners or such a quorum of them as by such commission shall be thereunto authorised shall have as full ample power and authority shall have as full ample power and authority to hear and determine, adjudge and punish all and any the crimes and offences aforesaid as any commisioners under the great seale of England by virtue of a statute made in the twenty-eighth year of the reigne of King Henry the eighth might or could do and execute within the kingdom of England, and that such offenders which are or shall be apprehended in or brought prisoners to this his majestyes colony and dominion shall be lyable to such order, process, judgments and execution by virtue of such commission 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 virtue of any commision grounded upon the said statute.

And be it further enacted by the authority aforesaid, and it is hereby enacted, That all and every person or persons that shall knowingly or wilfully conceal, entertaine, harbor trade or hold any correspondence by letter or otherwise with any person or persons that shall be deemed or adjudged to be pirates, privateers or other offenders within the construction of this act and 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 lyable to be prosecuted as accessaryes to the said offences and confederates with the said offenders and to suffer such pains and penalties as in such cases by law is provided.