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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A53026 An act for restraining and punishing privateers and pyrates New York (State) 1693 (1693) Wing N825; ESTC R235649 2,241 3

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Province of New-York ss Anno Regni Gulielmi Mariae REGIS REGINAE Angliae Scotiae Franciae Hiberniae QUINTO An ACT for Restraining and Punishing Privateers and Pyrates WHereas nothing can more contribute to their Majesties Honour than such Articles as are concluded and agreed on in all Treaties of Peace should by all their Majesties Subjects according to their Duty be most inviolably preserved and kept in and over all their Majesties Dominions and Territories And whereas against such Treaties of Peace made between their Majesties and their Allies several of their Majesties Subjectts do continually sail under Commissions of Forreign Princes and States contrary to their Duty and good Allegiance and by fair means cannot be restrained from so doing Be it therefore Enacted by the Governor Council and Assembly 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 hereafter shall inhabit in or belong to this Province to serve in America in an Hostile manner under any Forreign Prince State or Potentate in Amity with their Majesties without special Lisence for so doing under the Hand and Seal of their Maiesties Governor or Commander in Chief of this Province for the time being and that all and every such Offender and Offenders contrary to the true intent of this Act being thereof duely convicted in their Majesties Court of Judicature within this Province to which Courts Authority is hereby given to hear and determine the same as other cases of Fellony shall suffer pains of Death without benefit of 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 Province and leave and desert such Service and imployment before the first day of September next ensuing rendring themselves to their Majesties Governour or Commander in Chief for the time being and giving such Security as he shall appoint for their future good Behaviour and also that they shall not depart this Province without the Lisence of their Majesties Governour or Commander in chief And for the better and more speedy Execution of Justice upon such who having committed Pyracies Fellonies 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 Fellonyes Pyracies Roberies Murders or Confederacies committed that hereafter shall be committed upon the Sea or in any Haven Creek or Bay within the Jurisdiction of the Admirality shall be enquired tryed heard determined and judged in such Form as if such Offence had been committed in and upon the Land and to that end and purpose Commissions shall be had under their Majesties Seal of this Province directed to the Judge or Judges of the Admirality of this Province for the time being and to such other substantial persons as by their Majesties Governour or Commander in chief of this Province for the time being shall be named or 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 enquiry hearing determining adjudging and punishing of any of the Crimes and Offences aforesaid as any Commissioners appointed by Commission under the great Seal of England by Virtue of a Statute made in the Twenty Eight Year of the Reign of King Henry the eight 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 Province shall be lyable to such Order Process Judgment 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 Be it further Enacted by the Authority aforesaid That all and every person or persons that shall any way knowingly entertain harbour conceal trade or hold any correspondence by Letters or otherwise with any person or persons that shall be deemed or judged to be Privateers Pyrates or other Offenders within the Construction of this Act and shall not readily endeavour to the best of his and their power to apprehend or cause to be apprehended such Offender or Offenders shall be lyable to be prosecuted against as Accessaries and Confederate to suffer such pains and penalties as in in such case by Law is provided And for the better and more effectual Execution of this Act Be it further Enacted by the Authority aforesaid That all Commission Officers in their several Precincts within this Province are hereby required and impowered upon his or their Knowledge or Notice given That any Privateers Pyrates or other Persons suspected to be upon any Unlawful Design are in any place within their respective Precincts to raise and levy such Number of well Armed Men as he or they shall think needfull for the seizing apprehending and carryinig to Goal all and every such person and persons and in case of any Resistance or Refusal to yield Obedience to their Majesties Authority it shall be lawful to Kill or Destroy such Person or Persons And all and every Person or Persons that shall Oppose or Resist by Striking or Firing upon any of the Commanded Parties shall be deemed taken and adjudged Fellons without Benefit of the Clergy And every such Officer that shall omit or neglect his Duty herein shall forfeit Fifty Pounds currant Money of this Province for every such Offence to be Recovered in any of their Majesties Courts of Record within this Province by Bill Plaint or Information wherein is no Essoyn Wager of Law or Protection shall be allowed one moiety thereof to be to their Majesties their Heirs and Successors for and toward the support of the Government of this Province and the contingent Charges thereof and the other moiety to the Informer And all and every Person and Persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Amunition to suth place or places as shall be appointed by any super Officer or Officers and not readily Obey his or their Commands in the Execution of the Premises shall be lyable to such Fine or Corporal Punishment as shall be awarded against them within the Courts to which the Recognizeance of the Fact doth belong FINIS