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A52926 Acts and laws, passed by the general Court or Assembly of His Majesties Province of New-Hampshire in New-England, begun and held at Portsmouth, on Monday the seventh day of August, 1699, anno regni Gulielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae Regis undecimo; Laws, etc. New Hampshire.; New Hampshire. General Assembly. 1699 (1699) Wing N645; ESTC R12151 10,157 9

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ACTS AND LAWS Passed by the General Court or Assembly of His Majesties Province of New-Hampshire in New-England Begun and Held at Portsmouth on Monday the Seventh Day of August 1699. Anno Regni Gulielmi Tertii Angliae Scotiae Franciae et Hiberniae REGIS Undecimo W R HONI SOIT QVI MAL Y PENSE DIEV ET SON DROIT BOSTON Printed by Bartholomew Green and John Allen Printers to His Excellency the Earl of BELLOMONT 1699. Anno Regni Regis Gulielmi III. Undecimo Acts and Laws Passed by the General Court or Assembly of His Majesties Province of New-Hampshire in New-England Piracy An Act for Restraining and Punishing Privateers and Pirates WHEREAS nothing can more contribute to His Sacred Majesties Honour then 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 Royal Proclamation several of His Subjects have and do go into Forreign Princes Services and Sail under their Commissions contrary to their Duty and good Allegiance and by fair means cannot be restrained from so doing Felony to serve in hostile manner under any forreign Prince without Licence Be it therefore Enacted by His Excellency the Governour Council and Representatives Convened in General Assembly and it is hereby Enacted by Authority of the same That from and after Publication hereof it shall be Felony for any person which now doth or within four years last past hath or hereafter shall inhabit or belong to this Province to Serve in an Hostile manner under any Forreign Prince State or Potentate or any Imployed under any of them against any other Forreign Prince State or Potentate in Amity with His Majesty of Great Britain without special License for so doing under the Hand and Seal of the Governour or Commander in Chief of this Province for the time being And that all and every such Offender or Offenders contrary to the true intent and meaning of this Act being thereof duly Convicted in His Majesties Superiour Court of Judicature within this Province to which Court Authority is hereby given to hear and determine the same as other Cases of Felony shall suffer pains of Death without benefit of Clergy Saving for such as shall desert before the 29. of September 1700. 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 Imploy of any Forreign Prince State or Potentate whatsoever that shall return to this Province and leave and desert such Service and Imployment before the Twenty Ninth Day of September Anno One Thousand Seven Hundred rendring themselves to the Governour or Commander in Chief for the time being and giving him such Security as he shall appoint for their future good behaviour And also that they shall not depart the Province without the Governours Ticket Licence And for the better and more speedy Excution of Justice upon such who having committed Treasons Piracies Felonies and other Offences upon the Sea shall be apprehended in or brought Prisoners to this Province Be it further Enacted by the Authority aforesaid That all Treasons Felonies Piracies Robberies Murthers or Confederacies committed or that hereafter shall be committed upon the Sea Treasons Feloni's Piracies c. committed on the Sea to be inquired heard judged as if committed on the Land by Commission directed to the Judge of the Admiralty c. or in any Haven Creek or Bay where the Admiral hath Jurisdiction shall be punished with Death and shall be Inquired Tryed Heard Determined and Judged within this Province in such like form as if such Offence had been committed in and upon the Land and to that end and purpose Commissions shall be had under the Seal of this Province directed to the Judge of the Admiralty of this Province for the time being and to three or more such substantial persons as by His Majesties Governour or Commander in Chief of this Province for the time being with the advice and consent of the Council shall be named and appointed which said Commissioners or such a 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 Commissioners to be appointed by Commission under the Great Seal of England by virtue of a Statute made in the Twenty Eighth Year of the Reign of King Henry the Eighth are Impowred 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 Province shall be liable 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 Commission grounded upon the said Statute And all Tryals heretofore had against such Criminal and Criminals before any Judge or Judges by virtue of such Commission or Authority at any time heretofore granted All Tryals heretofore had by virtue of such Commission ratified and all Proceedings thereupon are hereby ratified and confirmed and adjudged lawful And all such Judges with all and every the Inferiour Officers that have acted thereby are hereby Indempnified to all intents and purposes whatsoever And in case they or any of them shall at any time hereafter be sued vexed molested or troubled for any such their Proceedings as aforesaid he or they so sued vexed molested or troubled shall plead the General Issue and give this Act in Evidence Any Law Statute Custom or Usage to the contrary in any wise notwithstanding Persons knowingly entertaining harbouring concealing or corresponding with any Privateers or Pirates to be accounted Accessaries and confederates And be it further Enacted by the Authority aforesaid That all and every person and 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 and 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 and Confederates and to suffer the like pains and penalties as in and by this Act is provided for the Principals And for the better and more effectual Execution of this Act. Commission Officers Impowred and required to seize apprehend all Privateers Pirates c. Be it further Enacted by the Authority aforesaid That all Commission Officers