If merchandise be delivered to a master, to carry to one port, and he carries it to another, and sells and disposes of it, this is not felony; but if, after unlading it at the first port, he retakes it, it is piracy.
If a pirate attack a ship, and the master for redemption, gives his oath to pay a sum of money, though there be nothing taken, yet it is piracy by the law marine.
If a ship is riding at anchor, and the mariners all ashore, and a pirate attack her, and rob her, this is piracy.
If a man commit piracy upon the subjects of any prince, or republic, (though in amity with us,) and brings the goods into England, and sells them in a market overt, the same shall bind, and the owners are forever excluded.
If a pirate enters a port of this kingdom, and robs a ship at anchor there, it is not piracy, because not done, super altum mare; but is robbery at common law, because infra corpus comitatus. A pardon of all felonies does not extend to piracy, but the same ought to be especially named.
By 28 H. 8. murders and robberies committed upon the sea, or in other places, where the admiral pretends jurisdiction, shall be enquired into, try’d, heard, and determined, in such places and counties within the realm, as shall be limited by the King’s commission, in like manner as if such offences were done at land. And such commissions (being under the Great Seal) shall be directed to the lord admiral, his lieutenant or deputy, and to three or four such others as the lord chancellor shall name.
The said commissioners, or three of them, have power to enquire of such offences by twelve lawful men of the country, so limited in their commission, as if such offences were done at land, within the same county; and every indictment so found and presented, shall be good in law; and such order, progress, judgment, and execution shall be used, had, done, and made thereupon, as against offenders for murder and felony done at land. Also the trial of such offences (if they be denied) shall be had by twelve men of the county, limited in the said commission, (as aforesaid,) and no challenge shall be had for the hundred: and such as shall be convict of such offences, shall suffer death without benefit of clergy, and forfeit land and goods, as in case of felonies and murders done at land.
This act shall not prejudice any person, or persons, (urged by necessity) for taking victuals, cables, ropes, anchors or sails, out of another ship that may spare them, so as they either pay ready money, or money worth for them, or give a bill for the payment thereof; if on this side the Straits of Gibraltar, within four months; if beyond, within twelve months.
When any such commission shall be sent to any place within the jurisdiction of the Cinque Ports, it shall be directed to the warden of the said ports, or his deputy with three or four other persons, as the lord chancellor shall name; and the inquisition or trial of such offences, there, shall be made and had, by the inhabitants of the said ports, and members of the same.
By 11 and 12 W. 3. c. 7. if any natural born subjects or denizens of England, commit piracy, or any act of hostility, against His Majesty’s subjects at sea, under colour of a commission or authority, from any foreign prince or state, or person whatsoever, such offenders shall be adjudged pirates.
If any commander or master of a ship, or seaman or mariner, give up his ship, etc. to pirates, or combine to yield up, or run away with any ship, or lay violent hand on his commander, or endeavour to make a revolt in the ship, he shall be adjudged a pirate.
All persons who after the , shall set forth any pirate (or be aiding and assisting to any such pirate,) committing piracy on land or sea, or shall conceal such pirates, or receive any vessel or goods piratically taken, shall be adjudged accessary to such piracy, and suffer as principals.
By 4 G. c. 11. Sect. 7. all persons who have committed, or shall commit any offences, for which they ought to be adjudged pirates, by the Act 11 and 12 W. 3. c. 7. may be tried for every such offence, in such manner as by the Act 28 H. 8. c. 15. is directed for the trial of pirates; and shall not have the benefit of clergy.
Sect. 8. This act shall not extend to persons convicted or attainted in Scotland.
Sect. 9. This act shall extend to His Majesty’s dominions in America, and be taken as a public act.
Endnotes
-
Term for stealing of men used all over the coast. ↩
Colophon
A General History of the Pirates
was published in 1724 by
Captain Charles Johnson.
This ebook was produced for
Standard Ebooks
by
Paul King,
and is based on a transcription produced in 2012 by
Jens Sadowski
for
Project Gutenberg
and on digital scans from the
Internet Archive.
The cover page is adapted from
Blackbeard, Buccaneer,
a painting completed in 1922 by
Frank Schoonover.
The cover and title pages feature the
League Spartan and Sorts Mill Goudy
typefaces created in 2014 and 2009 by
The League of Moveable Type.
The first edition of this ebook was released on
March 30, 2023, 8:17 p.m.
You can check for updates to this ebook, view its revision history, or download it for different ereading systems at
standardebooks.org/ebooks/captain-charles-johnson/a-general-history-of-the-pirates.
The volunteer-driven Standard Ebooks project relies on readers like you to submit typos, corrections, and other improvements. Anyone can contribute at standardebooks.org.
Uncopyright
May you do
