Colonial Massachusetts policy on handling pirate trials, Part One

"An Act for the more effectuall Suppression of Piracy 11th Gul. III. Chapter VII"] The Statutes of the Realm Printed by Command of His Majesty King George the Third in Pursuance of An Address of the House of Commons of Great Britain from Original Records and Authentic Manuscripts 7:590-594. London. 1963.

 

[pr.1] Whereas by an Act of Parliament made in the Twenty eighth Yeare of the Reigne of King Henry the Eighth [3.7 1536/00/00/01] it is enacted that Treasons Felonies Robberies Murthers and Confederacies committed on the Sea shall be enquired of tryed and determined according to the common Course of the Laws of this Land used for such Offences upon the Land within this Realme whereupon the Triall of those Offenders before the Admirall or his Lieutenant or his Commissary hath beene altogether disused  And whereas that since the making of the said Act and especially of late Yeares it hath been found by experience That Persons committing Piracies Robberies and Felonies on the Seas in or neare the East and West Indies and in Places very remote cannot be brought to condign [=fitting] Punishment without great Trouble and Charges in sending them into England to be tryed within the Realme as the said Statute directs insomuch that many idle and profligate [3.1] Persons have beene thereby encouraged to turne Pirates and betake themselves to that sort of wicked Life trusting that they shall not or at least cannot easily be questioned for such their Piracies and Robberies by reason of the great Trouble and Expence that will necessarily fall upon such as shall attempt to apprehend and prosecute them for the same  And whereas the Numbers of them are of late very much increased and their Insolencies soe great that unlesse some speedy Remedy be provided to suppresse them by a strict and more easie way for putting the ancient Laws in that behalfe in Execution the Trade and Navigation into remote Parts will very much suffer thereby  Be it therefore declared and enacted by the King's most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same   That all Piracies Felonies and Robberies committed in or upon the Sea, or in any Haven River Creeke or Place where the Admirall or Admiralls have Power Authority or Jurisdiction may be examined inquired of tryed heard and determined and adjudged according to the Directions of this Act in any Place at Sea or upon the Land in any of His Majesties Islands Plantations [p.591] Colonies Dominions Forts or Factories [3.1] to be appointed for that Purpose by the Kings Commission or Commissions under the Great Seale of England or the Seale of the Admiralty of England directed to all or any of the Admiralls Vice-Admiralls Reer-Admiralls Judges of Vice-Admiralties or Commanders of any of His Majesties Ships of Warr and alsoe to all or any such Person or Persons Officer or Officers by Name or for the time being as His Majesty shall thinke fitt to appoint which said Commissioners shall have full Power joyntly or severally by Warrant under the Hande and Seale of them or any one of them to committ to safe Custody any Person or Persons against whom Information of Piracy Robbery or Felony upon the Sea shall be given upon Oath (which Oath they or any one of them shall have full Power and are hereby required to administer) and to call and assemble a Court of Admiralty on Shipboard or upon the Land when and as often as occasion shall require, which Court shall consist of Seaven Persons at the least

[pr.2]  And if soe many of the Persons aforesaid cannot conveniently be assembled Be it further enacted by the Authority aforesaid  That any Three of the aforesaid Persons (whereof the President or Chiefe of some English Factory or the Governour Lieutenant Governour or Member of His Majesties Councills in any of the Plantations or Colonies aforesaid or Commander of one of His Majesties Shipps is alwaies to be one) shall have full Power and Authority by virtue of this Act to call and assemble any other Persons on Shipboard or upon the Land to make up the Number of Seaven

[pr.3]  Provided that no Persons but such as are knowne Merchants Factors or Planters or such as are Captains Lieutenants or Warrant Officers in any of His Majesties Shipps of Warr or Captains Masters or Mates of some English Shipp shall be capable of being soe called and sitting and voting in the said Court

[pr.4]  And be it enacted by the Authority aforesaid  That such Persons called and assembled as aforesaid shall have full Power and Authority according to the Course of the Admiralty to issue Warrants for bringing any Persons accused of Piracy or Robbery before them to be tryed heard and adjudged and to summon Witnesses and to take Informations and Examinations of Witnesses upon their Oath and to doe all things necessary for the hearing and finall Determination of any Case of Piracy Robbery and Felony and to give Sentence and Judgment of Death and to award Execution of the Offenders convicted and attainted [3.1] as aforesaid according to the Civill Law and the Methods and Rules of the Admiralty  And that all and every Person and Persons soe convicted and attainted of Piracy or Robbery shall have and suffer such Losses of Lands Goods and Chattells as if they had beene attainted and convicted of any Piracies Felonies and Robberies according to the aforementioned Statute made in the Reigne of King Henry the Eighth

[pr.5]  Provided alwaies and be it further enacted by the Authority aforesaid That soe soone as any Court shall be assembled as aforesaid either on Shipboard or upon the Land the Kings Commission shall first be openly read and the said Court then and there shall be solemnly and publickly called and proclaimed and then the President of the Court shall in the first Place publickly in open Court take the following Oath. vizt.

[pr.6]  I A.B. doe sweare in the Presence of Almighty God that I will truly and impartially try and adjudge the Prisoner or Prisoners which shall be brought upon his or their Tryalls before this Court and honestly and duely on my Part putt his Majesties Commission for the trying of them in Execution according to the best of my Skill and Knowledge  And that I have no Interest directly or indirectly in any Shipp or Goods for the piratically takeing of which any Person stands accused and is now to be tryed  Soe help me God

[pr.7]  And he haveing taken the Oath in manner aforesaid shall immediately administer the same Oath to every Person who shall sitt and have and give a Voice in the said Court upon the Tryall of such Prisoner or Prisoners as aforesaid and immediately thereupon the said Prisoner or Prisoners shall be formally brought before them and then the Register of the said Court shall openly and distinctly read the Articles against such Prisoner or Prisoners upon which they or any of them is or are to be tryed wherein shall be sett forth the particuler Fact or Facts of Piracy Robbery and Felony with the Time and Place when and where and in what manner it was committed And then each prisoner shall be asked whether he be guilty of the said Piracy and Robbery or Felony or not Guilty whereupon every such Prisoner shall immediately plead thereunto guilty or not guilty or else it shall be taken as confessed and he shall suffer such Pains of Death Losses of Lands Goods and Chattells and in like manner as if he or they had beene attainted or convicted upon the Oath of Witnesses or his owne Confession but if any Prisoner shall plead not guilty Witnesses shall be produced by the Register and duely sworne and examined openly viva voce in the Prisoners presence  And after a Witnesse hath answered all the Questions proposed by the President of the Court and given his Evidence it shall and may be lawfull for the Prisoner to have the Witnesse crosse-examined by first declaring to the Court what Questions he would have asked and thereupon the President of the Court shall interrogate the Witnesse accordingly and every Prisoner shall have liberty to bring Witnesses for his Defence who shall be sworne and examined upon Oath as the Witnesses were that testified against him and afterwards the Prisoner shall be fairly heard what he can say for himselfe  all which being done the Prisoner shall be taken away and kept in safe Custody and all other Persons except the Register shall withdraw from the said Court and then the Court shall consider of the Evidence which hath been given and debate the Matters and Circumstances of the Prisoners Case and the President of the Court shall collect all the Votes of the Persons who doe sit and have Voices in the said Court beginning at the junior first and ending with himselfe and according to the Plurality of Voices Sentences and Judgment shall be then given and pronounced publickly in the [p.592] presence of the Prisoner or Prisoners being called in againe and according to Sentence and Judgment the Person or Persons attainted shall be executed and put to Death at such time in such manner and in such place upon the Sea or within the ebbing or Flowing thereof ["Execution Dock" 3.1] as the President or the major part of the Court by Warrant directed to a Provost Marshall (which the President or said major part shall have Power to constitute) shall appoint

 

 

To be continued…