I am now, with Sorrow, reaping the Fruits of my Disobedience to my Parents,
who used their Endeavours to have me instructed in my Bible, and my
Catechism.
And the Fruits of my neglecting the publick Worship of God, and prophaning
the holy Sabbath.
And of my blaspheming the Name of God, my Maker.
But my Drunkenness has had a great Hand in bringing my Ruin upon me. I was
drunk when I was enticed aboard the Pyrate.
And now, for all the vile Things I did aboard, I own the Justice of God and
Man, in what is done unto me.
Of both together.
We hope, we truly hate the Sins, whereof we have the Burthen lying so heavy
upon our Consciences.
We warn all People, and particularly young People, against such Sins as
these. We wish, all may take Warning by us.
We beg for Pardon, for the sake of Christ, our Saviour; and our Hope is in
him alone. Oh! _that in his Blood our Scarlet and Crimson Guilt may be all
washed away!_
We are sensible of an hard Heart in us, full of Wickedness. And we look
upon God for his renewing Grace upon us.
We bless God for the Space of Repentance which he has given us; and that he
has not cut us off in the Midst and Heighth of our Wickedness.
We are not without Hope, that God has been savingly at work upon our Souls.
We are made sensible of our absolute Need of the Righteousness of Christ;
that we may stand justified before God in that. We renounce all Dependance
on our own.
We are humbly thankful to the Ministers of Christ, for the great Pains they
have taken for our Good. The Lord Reward their Kindness.
We don't Despair of Mercy; but hope, through Christ, that when we dye, we
shall find Mercy with God, and be received into his Kingdom.
We wish others, and especially the Sea-faring, may get Good by what they
see this Day befalling of us.
_Declared in the Presence of_ J. W. D. M.
CHAP. XVI. OF Captain _SPRIGGS_, And his CREW.
S_Priggs_ sailed with _Low_ for a pretty while, and I believe came
away from _Lowther_, along with him; he was Quarter-Master to the Company,
and consequently had a great Share in all the Barbarities committed by that
execrable Gang, till the Time they parted; which was about _Christmas_
last, when _Low_ took a Ship of 12 Guns on the Coast of _Guiney_, called
the _Delight_, (formerly the _Squirrel_ Man of War,) commanded by Captain
_Hunt. Spriggs_ took Possession of the Ship with eighteen Men, left _Low_
in the Night, and came to the _West-Indies._ This Separation was occasioned
by a Quarrel with _Low_, concerning a Piece of Justice _Spriggs_ would have
executed upon one of the Crew, for killing a Man in cold Blood, as they
call it, one insisting that he should be hang'd, and the other that he
should not.
A Day or two after they parted, _Spriggs_ was chose Captain by the rest,
and a black Ensign was made, which they called _Jolly Roger_, with the same
Device that Captain _Low_ carried, _viz._ a white Skeliton in the Middle of
it, with a Dart in one Hand striking a bleeding Heart, and in the other, an
Hour-Glass; when this was finished and hoisted, they fired all their Guns
to salute their Captain and themselves, and then looked out for Prey.
In their Voyage to the _West-Indies_, these Pyrates took a _Portuguese_
Bark, wherein they got valuable Plunder, but not contented with that alone,
they said they would have a little Game with the Men, and so ordered them a
Sweat, more for the Brutes Diversion, than the poor Men's Healths; which
Operation is performed after this Manner; they stick up lighted Candles
circularly round the Mizon-Mast, between Decks, within which the Patients
one at a Time enter; without the Candles, the Pyrates post themselves, as
many as can stand, forming another Circle, and armed with Pen-Knives,
Tucks, Forks, Compasses, _&c._ and as he runs round and round, the Musick
playing at the same Time, they prick him with those Instuments; this
usually lasts for 10 or 12 Minutes, which is as long as the miserable Man
can support himself. When the Sweating was over, they gave the _Portuguese_
their Boat with a small Quantity of Provisions, and set their Vessel on
Fire.
Near the Island of St. _Lucia_, they took a Sloop belonging to _Barbadoes_,
which they plundered, and then burnt, forcing some of the Men to sign their
Articles, the others they beat and cut in a barbarous Manner, because they
refused to take on with the Crew, and then sent them away in the Boat, who
all got safe afterwards to _Barbadoes._
The next was a _Martinico_ Man, which they served as bad as they had done
the others, but did not burn their Ship. Some Days afterwards in running
down to Leeward, they took one Captain _Hawkins_, coming from _Jamaica_,
loaden chiefly with Logwood; they took out of her, Stores, Arms,
Ammunition, and several other Things, as they thought fit, and what they
did not want they threw over-board or destroy'd; they cut the Cables to
pieces, knocked down the Cabins, broke all the Windows, and in short took
all the Pains in the World to be Mischievous. They took by Force, out of
her, Mr. _Burridge_ and Mr. _Stephens_, the two Mates, and some other
Hands; and after detaining the Ship from the 22d of _March_, to the 29th,
they let her go. On the 27th they took a _Rhode Island_ Sloop, Captain
_Pike_, and all his Men were obliged to go aboard the Pyrate; but the Mate
being a grave sober Man, and not inclinable to stay, they told him, he
should have his Discharge, and that it should be immediately writ on his
Back; whereupon he was sentenced to receive ten Lashes from every Man in
the Ship, which was rigorously put in Execution.
The next Day Mr. _Burridge_, Captain _Hawkins_'s Mate, sign'd their
Articles, which was so agreeable to them (he being a good Artist and
Sailor) that they gave three Huzza's, fir'd all the Guns in the Ship, and
appointed him Master: The Day was spent in boysterous Mirth, roaring and
drinking of Healths, among which was, by Mistake, that of King _George_ the
II. for you must know, now and then the Gentry are provok'd to sudden Fits
of Loyalty, by the Expectation of an Act of Grace: It seems Captain _Pike_
had heard at _Jamaica_ that the King was dead, so the Pyrates immediately
hoisted their Ensign Half-Mast (the Death Signal) and proclaim'd his Royal
Highness, saying, _They doubted not but there would be a general Pardon in
a twelve Month, which they would embrace and come in upon, but damn 'em if
they should be excepted out of it, they would murder every_ Englishman
_that should fall into their Hands._
The second of _April_, they spy'd a Sail, and gave her Chace till 12
o'Clock at Night, the Pyrates believed her to be a _Spaniard_, when they
came close up to her, they discharged a Broadside, with small and great
Shot, which was follow'd by another, but the Ship making a lamentable Cry
for Quarters, they ceas'd firing, and ordered the Captain to come aboard,
which he did, but how disappointed the Rogues were when they found 'twas
their old Friend Captain _Hawkins_, whom they had sent away three Days
before, worth not one Penny? This was such a Baulk to them, that they
resolved he should suffer for falling in their Way, tho' it was so contrary
to his own Inclinations: About 15 of them surrounded the poor Man with
sharp Cutlashes, and fell upon him, whereby he was soon laid flat on the
Deck; at that Instant _Burridge_ flew amongst the thickest of the Villains,
and begg'd earnestly for his Life, upon whose Request 'twas granted. They
were now most of 'em drunk, as is usual at this Time of Night, so they
unanimously agreed to make a Bonfire of _Hawkins_'s Ship, which was
immediately done, and in half an Hour she was all of a Blaze.
After this, they wanted a little more Diversion, and so Captain _Hawkins_
was sent for down to the Cabin to Supper; what should the Provision be, but
a Dish of Candles, which he was forced to eat, having a naked Sword and a
Pistol held to his Breast all the while; when this was over, they buffeted
him about for some Time, and sent him forward amongst the other Prisoners,
who had been treated with the same Delicacies.
Two Days afterwards, they anchor'd at a little uninhabited Island, call'd
_Rattan_, near the Bay of _Honduras_, and put ashore Captain _Hawkins_, and
several other Men, (one of them his Passenger) who dy'd there of the
Hardships he underwent. They gave them Powder and Ball, and a Musquet, with
which they were to shift as they could, sailing away the next Day for other
Adventures.
Captain _Hawkins_, and his unfortunate Companions, staid 19 Days upon this
Island, supplying themselves with both Fish and Fowl, such as they were, at
which Time came two Men in a Canoe, that had been left upon another marroon
Island near _Benacca_, who carry'd the Company at several Times thither, it
being more convenient in having a good Well of fresh Water, and Plenty of
Fish, _&c._ Twelve Days afterwards they spy'd a Sloop off at Sea, which,
upon their making a great Smoke, stood in, and took them off; she was the
_Merriam_, Captain _Jones_, lately escaped out of the Bay of _Honduras_,
from being taken by the _Spaniards._
At an Island to the Westward, the Pyrates clean'd their Ship, and sail'd
towards the Island of St. _Christophers_, to wait for one Captain _Moor_,
who commanded the _Eagle_ Sloop, when she took _Lowther_'s upon the Careen,
at _Blanco_; _Spriggs_ resolved to put him to Death, whenever he took him,
for falling upon his Friend and Brother, but instead of _Moor_, he found a
_French_ Man of War from _Martinico_ upon the Coast, which _Spriggs_ not
thinking fit to contend with, run away with all the Sail he could make, the
_French_ Man crowded after him, and was very likely to speak with Mr.
_Spriggs_, when unfortunately his Main-Top-Mast came by the Board, which
obliged him to give over the Chace.
_Spriggs_ then stood to the Northward, towards _Burmudas_, or the _Summer
Isles_, and took a Scooner belonging to _Boston_; he took out all the Men
and sunk the Vessel, and had the Impudence to tell the Master, that he
designed to encrease his Company on the Banks of _Newfoundland_, and then
would sail for the Coast of _New-England_ in quest of Captain _Solgard_,
who attack'd and took their Consort _Charles Harris, Spriggs_ being then in
_Low_'s Sloop, who very fairly run for it. The Pyrate ask'd the Master if
he knew Captain _Solgard_, who answering No; he ask'd another the same
Question, and then a third, who said he knew him very well, upon which
_Spriggs_ ordered him to be sweated, which was done in the Manner before
describ'd.
Instead of going to _Newfoundland_ as the Pyrates threat'ned, they came
back to the Islands, and to Windward of St. _Christophers_, on the 4th of
_June_ last, took a Sloop, _Nicholas Trot_ Master, belonging to St.
_Eustatia_, and wanting a little Diversion, they hoisted the Men as high as
the Main and Fore Tops, and let them run down amain, enough to break all
the Bones in their Skins, and after they had pretty well crippled them by
this cruel Usage, and whipp'd them about the Deck, they gave _Trot_ his
Sloop, and let him go, keeping back only 2 of his Men, besides the Plunder
of the Vessel.
Within two or three Days they took a Ship coming from _Rhode-Island_ to St.
_Christophers_, loaden with Provisions and some Horses; the Pyrates mounted
the Horses and rid them about the Deck backwards and forwards a full
Gallop, like Madmen at _New-Market_, cursing, swearing, and hallowing, at
such a Rate, that made the poor Creatures wild, and at length, two or three
of them throwing their Riders, they fell upon the Ship's Crew, and whipp'd,
and cut, and beat them in a barbarous Manner, telling them, it was for
bringing Horses without Boots and Spurs, for want of which they were not
able to ride them.
This is the last Account we have had of Captain _Spriggs_, I shall only add
the two following Relations, and conclude.
A Brigantine belonging to _Bristol_, one _Mr. Rowry_ Master, had been
trading at _Gambia_, in _Africa_, and falling as low as Cape _Mount_, to
finish the slaving of the Vessel, he had, by a Misfortune usual at that
Part of the Coast, his Mate, Surgeon, and two more of his Men,
_Panyarr_'d[*] by the Negroes. The Remainder of his Company, which was not
above 5 or 6 in Number, took this Opportunity, and seiz'd the Vessel in the
Road, making the Master Prisoner.
You will think it prodigious impudent that so small a Number should
undertake to proceed a pyrating, especially when neither of them had
sufficient Skill in Navigation: Yet this they did, leaving those People,
their Ship-Mates abovemention'd, to the Mercy of the barbarous Natives, and
sail'd away down the Coast, making them a black Flag, which they merrily
said, would be as good as 50 Men more, _i. e._ would carry as much Terror;
and that they did not doubt of soon increasing their Crew, to put them in
an enterprizing Capacity; but their vain Projection was soon happily
frustrated, and after this Manner.
The Master whose Life they had preserved, (perhaps only for supplying their
own Unskillfulness in Navigation,) advised them, that since contrary to
their Expectations, they had met with no Ship between _Cape Mount_, and the
_Bite_ of _Calabar_, to proceed to the Island of St. _Thomas_'s, where they
might recruit with Provisions and Water, and sell off the Slaves (about 70
of them) which they perceived would be a useless Lumber, and incommodious
to their Design. They arrived there in _August_ 1721, and one Evening,
while Part of them were on Shore, applying for this Purpose to the
Governor, and the other Part carelesly from the Deck, Mr. _Rowry_ stepp'd
into the Boat belonging to the Vessel, and pushed off, very suddenly: They
heard the Noise it made, and soon were upon Deck again, but having no other
Boat to pursue, nor a Musket, ready to fire, he got safe on Shore, and ran
to the Governor with his Complaint, who immediately imprisoned those
already there, and sent a Launch off to take the rest out of the Ship.
The _Swallow_ arrived at St. _Thomas_'s the Beginning of _October_
following, where, on Mr. _Rowry_'s Remonstrance, Application was made to
the _Portuguese_ Governor of that Island, for a Surrendery of these five
_English_ Prisoners then in the Castle; but he not only peremptorily
excused himself from it, as a Matter out of his Power, without particular
Direction from the Court of _Portugal_; but withal insinuated, that they
had only taken Refuge there from the Hardships and Severity they had met
with from their Master. The manner of Denial, and the avaritious Temper of
the Gentleman, which I had Occasion to be acquainted with, makes it very
suspicious, that he proposed considerable Gains to himself; for if Mr.
_Rowry_ had not made such an Escape to him, the Slaves had been his for
little or nothing, as a Bribe to silence his Suspicions, which any Man,
less acute than he, must have had from the awkward and unskilful Carriage
of such Merchants. But enough of this; perhaps he is not the only Governor
abroad that finds an Interest in countenancing these Fellows.
[Footnote *: Term for stealing of Men used all over the Coast.]
An Account of the Pyracies and Murders committed by _Philip Roche_,
_&c._
P_Hilip Roche_ was born in _Ireland_, and from his Youth had been
bred up to the Sea; he was a brisk genteel Fellow, of 30 Years of Age at
the Time of his Death; one whose black and savage Nature did no ways answer
the Comliness of his Person, his Life being almost one continued Scene of
Villany, before he was discovered to have committed the horrid Murders we
are now speaking of.
This inhumane Monster had been concerned with others, in insuring Ships to
a great Value, and then destroying them; by which Means, and other
Rogueries, he had got a little Money; and being Mate of a Ship, was
dilligent enough in trading for himself between _Ireland_ and _France_, so
that he was in a Way of getting himself a comfortable Livelihood: But, as
he resolved to be rich, and finding fair Dealing brought in Wealth but
slowly, he contriv'd to put other Things in Execution, and certainly had
murthered several innocent Persons in the Prosecution of his abominable
Schemes; but as I have now forgot the particular Circumstances of those
Relations, I shall confine my self at present to the Fact for which he
suffer'd.
_Roche_ getting acquainted with one _Neal_, a Fisherman at _Cork_, whom he
found ready for any villainous Attempt, he imparted his Design to him, who
being pleas'd with the Project, brings one _Pierce Cullen_ and his Brother
into the Confederacy, together with one _Wise_, who at first was very
unwilling to come into their Measures, and, indeed, had the least Hand in
the Perpetration of what follows.
They pitch'd upon a Vessel in the Harbour, belonging to _Peter Tartoue_, a
_French_ Man, to execute their cruel Intentions upon, because it was a
small one, and had not a great Number of Hands on Board, and 'twas easy
afterwards to exchange it for one more fit for Pyracy; and therefore they
apply'd themselves to the Master of her, for a Passage to _Nantz_, whereto
the Ship was bound; and accordingly, the Beginning of _November_ 1721, they
went aboard; and when at Sea, _Philip Roche_ being an experienced Sailor,
the Master of the Vessel readily trusted him with the Care of her, at
times, while he and the Mate went to rest.
The 15th of _November_, at Night, was the Time designed for the Tragedy;
but _Francis Wise_ relented, and appear'd desirous to divert them from
their bloody Purposes. _Roche_ (sometimes called Captain) told him, _That
as_ Cullen _and he had sustained great Losses at Sea, unless every_
Irishman _present would assist in repairing their Losses, by murthering all
the_ French _Rogues, and running away with the Ship, he should suffer the
same Fate with the_ French _Men; but if all would assist, all should have a
Share in the Booty._ Upon this, they all resolved alike, and Captain
_Roche_ ordered three _Frenchmen_ and a Boy up to hand the Topsails, the
Master and Mate being then asleep in their Cabins, The two first that came
down, they beat out their Brains and threw them over-board: The other two
seeing what was done, ran up to the Topmast Head, but _Cullen_ followed
them, and taking the Boy by the Arm, tost him into the Sea; then driving
down the Man, those below knocked him on the Head, and threw him
over-board.
Those who were asleep, being awakened by the dismal Skrieks and Groans of
dying Men, ran upon Deck in Confusion, to enquire into the Cause of such
unusual Noises; but the same Cruelty was immediately acted towards them,
e'er they could be sensible of the Danger that threat'ned them.
They were now (as _Roche_ himself afterwards confess'd) _all over as wet
with the Blood that had been spilt, as if they had been dipp'd in Water, or
stood in a Shower of Rain, nor did they regard it any more. Roche_ said,
Captain _Tartoue_ used many Words for Mercy, and asked them, if he had not
used them with Civility and Kindness? If they were not of the same
Christian Religion, and owned the same blessed _Jesus_, and the like? But
they, not regarding what he said, took Cords and bound the poor Master and
his Mate Back to Back, and while that was doing, both of them begged with
the utmost Earnestness, and used the most solemn Intreaties, that they
would at least allow them a few Minutes to say their Prayers, and beg Mercy
of God for the various Sins and Offences of their Lives: But it did not
move them, (though all the rest were dead, and no Danger could be
apprehended from them two alone) for the bound Persons were hurry'd up and
thrown into the Sea.
The Massacre being finished, they washed themselves a little from the
Blood, and searched the Chests and Lockers, and all Places about the Ship,
and then set down in the Captain's Cabin, and refreshed themselves with
some Rum they found there, and (as _Roche_ confessed) were never merrier in
their Lives. They invested _Roche_ with the Command of the Ship, and
calling him Captain, talked over their Liquor, what rare Actions they would
perform about Cape _Briton, Sable Isle_, and the Banks of _Newfoundland_,
whither they designed to go as soon as they had recruited their Company,
and got a better Ship, which they proposed speedily to do.
_Roche_ taking upon himself the Command of the Vessel, _Andrew Cullen_ was
to pass for a Merchant or Super-cargo; but when they bethought themselves,
that they were in Danger of being discovered by the Papers of the Ship,
relating to the Cargo, as Bills of Lading, _&c._ therefore they erase and
take out the Name of the _French_ Master, and instead thereof, inserted the
Name of _Roche_, so that it stood in the Ship's Papers, _Peter Roche_
Master; that then having so few Hands on Board, they contrived if they met
any Ships, to give out, that they had lost some Hands by their being washed
overboard in a Storm, and by that Means screen themselves from being
suspected of having committed some such wicked Act, by Reason of the
Fewness of their Hands on Board; and also might prevail with some Ship to
spare them some, on Consideration of their pretended Disaster.
In going to _Cales_ they were in Distress by the Weather, and being near
_Lisbon_, they made Complaint to a Ship, but obtained no Assistance. They
were then obliged to sail back for _England_, and put into the Port of
_Dartmouth_; but then they were in fear least they might be discovered,
therefore to prevent that, they resolve to alter the Ship, and getting
Workmen, they take down the Mizzen-Mast, and build a Spar Deck, and made
Rails, (on pretence that the Sailors had been wash'd overboard) to secure
the Men. Then they took down the Image of St. _Peter_ at the Head of the
Ship, and put up a Lion in its Place, and painted over the Stern of the
Ship with Red, and new nam'd her the _Mary_ Snow. The Ship being thus
alter'd that they thought it could not be known, they fancy'd themselves
pretty secure; but wanting Money to defray the Charge of these Alterations,
_Roche_, as Master of the Vessel, and _Andrew Cullen_, as Merchant, apply
themselves to the Officers of the Customs for Liberty to dispose of some of
the Cargo, in order to pay the Workmen; which they having obtained, they
sold fifty eight Barrels of Beef, and having hired three more Hands, they
set Sail for _Ostend_, and there having sold more Barrels of Beef, they
steer their Course to _Rotterdam_, dispose of the rest of the Cargo, and
took in one Mr. _Annesly_, who freighted the Ship for _England_; but in
their Passage, in a stormy Night, it being very dark, they took up Mr.
_Annesly_ their Passenger, and threw him into the Sea, who swam about the
Ship a pretty while, calling out for Life, and telling them they should
have all his Goods, if they would receive him again into the Vessel: But in
vain were his Cries!
After this, they were obliged to put into several Ports, and by contrary
Winds, came to the Coast of _France_, and hearing there was an Enquiry made
after the Ship, _Roche_ quits her at _Havre de Grace_, and leaves the
Management to _Cullen_ and the rest; who having shipp'd other Men, sail'd
away to _Scotland_, and there quitted the Vessel, which was afterwards
seized and brought into the River of _Thames._
Some Time after this, _Philip Roche_ came to _London_, and making some
Claim for Money, he had made Insurance of, in the Name of _John Eustace_,
the Officer was apprized of the Fraud, and he arrested and flung into the
Compter; from whence directing a Letter to his Wife, she shewed it to a
Friend, who discovered by it, that he was the principal Villain concerned
in the Destruction of _Peter Tartoue_, and the Crew. Upon this, an
Information was given to my Lord _Carteret_, that the Person who went by
the Name of _John Eustace_, was _Philip Roche_, as aforesaid; and being
brought down by his Lordships Warrant, he stifly deny'd it for some Time,
notwithstanding a Letter was found in his Pocket, directed to him by the
Name of _Roche_; but being confronted by a Captain of a Ship, who knew him
well, he confessed it, but prevaricated in several Particulars; whereupon
he was committed to _Newgate_ upon violent Suspicion, and the next Day was
brought down again at his own Request, confessed the whole, desired to be
made an Evidence, and promised to convict three Men worse than himself. Two
were discovered by him, who died miserably in the _Marshalsea_, and _Roche_
himself was afterwards try'd, (no more being taken,) found Guilty of the
Pyracy, and executed.
An ABSTRACT of the Civil Law and Statute Law now in Force, in Relation
to Pyracy.
A _Pyrate is_ Hostis humanis generis, _a common Enemy, with whom
neither Faith nor Oath is to be kept, according to_ Tully. _And by the Laws
of Nature, Princes and States are responsible for their Neglect, if they do
not provide Remedies for restraining these sort of Robberies. Though
Pyrates are called common Enemies, yet they are properly not to be term'd
so. He is only to be honour'd with that Name, says_ Cicero, _who hath a
Commonwealth, a Court, a Treasury, Consent and Concord of Citizens, and
some Way, if Occasion be, of Peace and League: But when they have reduced
themselves into a Government or State, as those of_ Algier, Sally, Tripoly,
Tunis, _and the like, they then are allowed the Solemnities of War, and the
Rights of Legation._
_If Letters of_ Marque _be granted to a Merchant, and he furnishes out a
Ship, with a Captain and Mariners, and they, instead of taking the Goods,
or Ships of that Nation against whom their Commission is awarded, take the
Ship and Goods of a Friend, this is Pyracy; and if the Ship arrive in any
Part of his Majesty's Dominions, it will be seized, and for ever lost to
the Owners; but they are no way liable to make Satisfaction._
_If a Ship is assaulted and taken by the Pyrates, for Redemption of which,
the Master becomes a Slave to the Captors, by the Law_ Marine, _the Ship
and Lading are tacitly obliged for his Redemption, by a general
Contribution; but if it happen through his own Folly, then no Contribution
is to be made._
_If Subjects in Enmity with the Crown of_ England, _are abord an_ English
_Pyrate, in Company with_ English, _and a Robbery is committed, and they
are taken; it is Felony in the_ English, _but not in the Stranger; for it
was no Pyracy in them, but the Depredation of an Enemy, and they will be
tried by a Martial Law._
_If Pyracy is committed by Subjects in Enmity with_ England, _upon the_
British _Seas, it is properly only punishable by the Crown of_ England,
_who have_ istud regimen & Dominem _exclusive of all other Power._
_If Pyracy be committed on the Ocean, and the Pyrates in the Attempt be
overcome, the Captors may, without any Solemnity of Condemnation, hang them
up at the Main-Yard; if they are brought to the next Port, and the Judge
rejects the Tryal, or the Captors cannot wait for the Judge, without Peril
or Loss, Justice may be done upon them by the Captors._
_If Merchandize 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 Pyracy._
_If a Pyrate attack a Ship, and the Master for Redemption, gives his Oath
to pay a Sum of Money, tho' there be nothing taken, yet it is Pyracy by the
Law_ Marine.
_If a Ship is riding at Anchor, and the Mariners all ashore, and a Pyrate
attack her, and rob her, this is Pyracy._
_If a Man commit Pyracy upon the Subjects of any Prince, or Republick_,
(_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 for ever
excluded._
_If a Pyrate enters a Port of this Kingdom, and robs a Ship at Anchor
there, it is not Pyracy, 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 Pyracy, but the same ought to be especially
named._
_By_ 28 H. 8. _Murthers 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 Tryal 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 Tryal 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 Denizons of_
England, _commit Pyracy, 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 Pyrates._
_If any Commander or Master of a Ship, or Seaman or Mariner, give up his
Ship_, &c. _to Pyrates, 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 Pyrate._
_All Persons who after the_ 29_th of_ September 1720, _shall set forth any
Pyrate (or be aiding and assisting to any such Pyrate_,) _committing Pyracy
on Land or Sea, or shall conceal such Pyrates, or receive any Vessel or
Goods pyratically taken, shall be adjudged accessary to such Pyracy, 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 Pyrates, 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 Tryal of Pyrates; 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 publick Act._