A Story of Henry Jennings, Part Two

Allen Bernard's deposition continued...

At ye same time ye Sloop which was Captn. Young's was sett a fire and burned. Some while after they all Sayled in Company with the French Ship for Providence where they in a little time arrived. And in two or three daies after and in an Evening George Dossitt [=the company's quartermaster] came on board at which time there was a Discourse and a Caballing among the People of ye Bersheba about the sharing [of] the goods that were taken on board the French Ship in ye Bay of Honda.

That ye deponent ye next morning was ordered ashore to Captn. Jennings to acquaint him that ye People were all (excepting some four or five People) gone on board ye Ship to gett and take ye Goods out of her, whereupon Captain Jennings said  that must not be,  and said to ye Deponent  go on board and dissuade them from it if you can under a Colour [=pretence] that we have a Prospect of making a Voyage in case we delay no time, tho between you and I, if I can gett her out to Sea again with ye Goods in her I will run her up to Jamaica and Secure her, for these fellowes have drawn me into this [Paemumiee?] and will doubtless, when they have shared ye goods, leave me to answer all,  That he [=the deponent] advised Captn. Jennings to goe on Board, who made answer that he would not be concerned with such Rogues.

At which time Captn. Ashworth and Captn. Carnegie came up to this Depont. and learned the matter and offered to go on Board with the Deponent and [Ashworth?] went on board his own Sloop to diswade his People then on board and Captn. Carnegie went on board ye Ship. And ye Depont. [also] endeavoured to diswade them, but could not, they still kept hoysting ye goods out, and carried them on Hogg Island, at which time the Deponent went ashore and acquainted Capt. Jennings who desired the Deponent to go and see what they did, but bid him not concern himself nor take anything without they gave it [to] him.

The Deponent saith that they divided ye goods into three shares, two of which was for ye Vessells Company in generall and was imediately distributed and shared, the other third part being putt on board ye Sloop Dolphin Captn Spatchers Master (the Depont. saith he is not certain whether some few goods were not putt on board to be sent up to ye Freinds of some Saylors) after which ye Deponent saith he applyed himself to Capt. Jennings and desired leave to return to Jamaica having pretty well recovered his health which Captn. Jennings readily agreed to, and gave him a letter directed to Mr. George Dawes and Company, telling this Depont. that he had referred them to him to learn ye whole proceedings as to what he knew and heard of ye matter.

That acccordingly ye Deponent sett Sayl together with ye said Vessell for Jamaica where he was sett on shore at Cow Bay and from thence proceeded directly for Kingston and delivered ye letter to Mr. George Dawes directed to them from Captn. Henry Jennings, The Deponent saith Mr. Dawes sent for Captn. Willis who came.

Ye Letter being opened he said he was referred to learn of him what had been done, the Deponent saith that after he had related to them what he Knew, Mr. Dawes and Captn. Willis both made answer and said they wished he had not told them so much And gave him a letter directly to carry over to Mr. Daniell Axtell wch. this Depont. delivered into ye hands of Mr. Axtell upon which Mr. Axtell said he was sorry they had done so ill a thing but since it was done, they must take care and gett ye goods on shore, That Joseph Eales Captain Ashworth's Quartermaster came up with him in ye said Dolphin from Providence and had a letter or letters to ye owners of the three Sloops comanded by Captn. Jennings Captn Ashworth and Captn Carnegie in which ye sd Joseph Eales told him this Deponent there was an Invoyce of all ye goods contained in ye Sloop Dolphin, The said Deponent saith that Being at Mr. Axtell's house he heard ye Sloop Dolphin was siezed in Mannatee Bay by Capt. Fernando by ye instigation of Mr. Bendysh, The said deponent saith that he went over to Kingston and acquainted Mr. Dawes who was sick in Bedd and said he did not believe Mr. Bendysh had a hand in it and that he the said George Dawes wished he had never heard of them however he bid this Depont. go and acquaint Captn. Willis and Mr. Warner which he did and went home.

That ye said depont. slept at Mr. Daniel Axtells on Port Royall ye Saturday night following and on ye Sunday morning following [at] about Gun firing he waked, or upon [the] opening [of] a Door, and the said Depont. saith that ye sd. Daniell Axtell came into ye Room where he lay and said to this Deponent 

What ye Devill was in that great chest in ye Hold?  We could not get it out whereto ye said Depont answered he beleived it was speckled linnen. And afterwards Mr. Axtell said that ye goods that were taken out of ye Sloop were gone towards Kingston and were to go on Board a Ship and ye sd. Depont. soon after took a Boat and went towards Kingston and saw a Canoa alongside Captn Flemming.

That he went on board Captn. Flemming and that he saw ye same Bale Goods as he believes as were in ye said Sloop hoysting into Captn. Flemming's Ship. That ye said Depont saw Michael Dodd standing upon ye Quarter Deck near ye Gangway of Flemmings Ship and that Mr. Dodd asked him if all ye things were out.

That ye sd. Depont. saw Captn. Naylor standing by Mr. Dodd, that he went upon ye Quarterdeck and there saw Mr. Warner in his Gown walking with Captn Flemming. That Mr. Warner said to him  tis late ye Sun is up and we are seen,  the said Depont. saith Mr. Dodd and Captn. Naylor went away together.

And ye sd. Deponent being asked whether Mr. Naylor seemed to be [in] any waies concerned in the said goods he answered he did not perceive that he was.

 

"Deposition of Allen Bernard" Jamaica. August 10, 1716. Jamaican Council Minutes ff.63-68.

 

The Judgment of La Buse

Repris par Dumas d'aprés la délibération du Conseil supérieur du 07 juillet 1730.
 

De par le conseil, le procés criminel extraordinairement fait et instruit à la requête et diligence du procureur général du roy (illisible) et accusation contre Olivier Levasseur surnommé La Bouse accusé de crime de piraterie, prisonnier en nos prisons, défendeur de l'affirmation faite le 26 Mars et 19 Mai dernier à la déclaration du Sieur Dhermitte capitaine du vaisseau la Méduse, la lettre du dit Levasseur en date du 25 Mars 1724 adressé à Monsieur Desforges signé Olivier La Buse, par lui reconnu et paraphé, ni variation.

Lettre du conseil supérieur au Sieur La Buse pour réponse en date du 23 Septembre de la même année accordant Amnistie et Sureté, interrogatoire subit par l'accusé les 15 Mai et 20 Mai 1730 et 03 du présent mois. Premiére conclusion général du roy du 04, jugement préparatoire du même jour qui ordonne qu'il sera procéder au jugement définitif attendu la notorieté publique.

Conclusion définitive du procureur général du roy du 06, interrogatoire subit dans la chambre du conseil (illisible) et tout considéré le conseil à déclaré et (illisible) le nommé Olivier Levasseur dit La Buse natif de Calais durement atteint de la connaissance du crime de la piraterie pendant plusieurs années, d'avoir commandé plusieurs vaisseaux forbans ayant pris et amené en rade de l'île Bourbon un vaisseau appartenant eu roy du portugal et un autre nommé la ville d'Ostende appartenant à la compagnie de la même ville mais pareillement participé à la prise, pillage et incendie du vaisseau La Duchesse de Noailles appartenant à la compagnie de France et autre (illisible), pour réparation de quoi le conseil l'a condamné et condamne à faire amende honorable devant la principale porte de l'église de cette paroisse, nu en chemise, la corde au col, à la main une torche ardente de poix de deux livres pour là, dire et déclarer à haute et intelligible voix, que méchament et témérairement il a fait pendant plusieurs années le métier de forbans dont il se répand et demande pardon à Dieu , au roy et à la justice.

Ce fait sera conduit en place public pour y être pendu et étranglé jusqu'à ce que mort s'ensuive à une potence dressée pour cette effet (Elle) sera plantée à la place accoutumée son corps mort y restera 24 heures et ensuite exposé au bord de la mer.( La suite est illisible, mais il semble que tout ses biens sont confisqués au profit du roy. De plus il doit s'acquiter d'une amende de cent livres pour l'offense faite "au Seigneur roy"). Fait et arreté dans la chambre du conseil le 07 Juillet 1730. Dumas.

http://libertalia.voila.net/jugementbuse.htm

Taken by Dumas after the deliberation of the Supreme Council of 7 July 1730.

By the board, the criminal case is extraordinarily and educated at the request and behest of the Attorney General of the King (illegible) and accusation against Olivier Levasseur nicknamed The Bouse accused of the crime of piracy, prisoner in our jails, defendant's assertion March 26 and 19 last May to the statement of Mr Dhermitte captain of the Medusa, the letter said Levasseur dated 25 March 1724 addressed to Mr. Desforges by Olivier La Buse, recognized and initialed by him, or variation.

Letter from the Board of Governors to Sieur La Buse to reply dated September 23 of that year granting amnesty and Surete, interrogation undergone by the accused on May 15 and May 20, 1730 and 03 this month. Premiére general conclusion of the King of 04, the same day preparatory judgment ordering that will make the final judgment expected of public notoriety.

Final conclusion of the Attorney General of the King 06, underwent questioning in the council chamber (illegible) and considered all the advice and said (illegible) the named Olivier Levasseur said the native _____ Calais suffering heavily from the knowledge of the crime piracy for many years, having ordered several vessels pirates have captured and brought into harbor Bourbon king had a vessel belonging Portugal and another named the Ostend company owned the same city but equally involved the outlet, looting and burning of the ship La Duchesse de Noailles company owned by France and other (illegible) to repair what the council has condemned and condemns to make amends in front of the main door of the church this parish, naked shirt, a rope collar, in his hand a burning torch pitch two books there, decide and declare in a loud voice, and recklessly méchament he did for several years the trade of pirates whose it spreads and ask pardon of God, the king and justice.

This fact will be conducted in public place to be hanged and strangled until death ensues from a gallows erected for this purpose (It) will be planted at the usual place his dead body remained there 24 hours and then exposed to the edge from the sea. (The rest is illegible, but it seems that all his goods are forfeited to the king. Moreover it must acquit a fine of one hundred pounds for the insult "to the Lord King"). Fact and stopped in the council chamber July 7, 1730. Dumas.

A Story of Henry Jennings, Part One

The Deposition of Allen Bernard Captaine's Quarter Master of ye Sloop Bersheba Captn. Henry Jennings Comander who being duly Sworn Deposeth and Saith as followes,

 

            That having been indisposed he was advised to go to Sea for his health and applyed himself to Captn. Henry Jennings who told him he should be his Quarter Master which would be an easy Post for him. He thereupon accepted of it and engaged himself to go on Board the Sloop Bersheba and Sayled for Blewfields [Jamaica] from whence they sailed in Company with ye Man of Warr and a Man of Warr Sloop and severall other Sailes and being seperated that night they joyned again at Peyns [=Isle of Pines, Cuba] And proceeded and came to an Anchor at Cape Corrantes [=Corrientes] where they entred in Consortship with Captn. Lyddall Captn. Ashworth and Captn. Carnegie to fish upon ye Wracks; from thence they proceeded toward ye Bay of Florida. And that ye Deponent being sick of ye Belly Ache heard some persons Cry out,  A Sayl,  And afterwards heard others say that  they stood Stem to Stem with them  And beleived they designed to be on board of them [="to Board"], after which he heard them say that  there was two Periauga's putt off [from] ye said Sloop and Rowed directly in ye Wind's Eye [=to windward] 

And that he heard they were making their escape with ye money  And that he heard them hayl ye Sloop that Stemmed with them. And that ye Commander of her came on board of ye Bersheba who was one Captn. Young from ye Bay [of Honduras] who informed them that the People that went away from them in ye two Periaugas were a parcell of Villains that had obliged him from ye Bay to bring them over there. After which they made ye best way towards the Bay of honda and came to an Anchor without the Barr. That in ye afternoon he heard them talk of weighing ye Anchor At which he asked, being in ye [great] Cabbin, whither they were going. And was answered into ye Bay of honda. 

At which the Deponent said  he thought we had been in already  And that after coming to an Anchor in ye Bay of honda he heard ye Voice of George Dossitt and Francis Charnock (the first being ye Companies Quartermaster) and heard these words spoken among ye People  What are you come out for?  To look upon one another and return with your fingers in your mouth?  At which Capt. Jennings said the Sloop Bersheba must not go [only] to be taken. And that if they went alongside they probably might be sunk. 

Sometime after he heard a General hurra from the Severall Vessells after that [the words] One and All. That some short time after a Pistoll or Small arm went off upon which somebody asked who fired? And some others answered he ought to be cutt down, others said  it was done by accident  after which the Doctor came down to ye Deponent and told him  that the two Periauga's [men] were coming all in their Skins or Buff with their Cartouch Boxes  and naked Cutlaces [=cutlasses] & Pistols And that he had never seen such a sight before  After­wards he heard somebody hayl from ye [French] Ship and asked  Where they were coming?  and some voice made answer,  Aboard, where do you think? and then a hurra again.

And then he heard [someone] say a Canoa or boat was putt off from the ship and that one of the Periauga's was on board [the French Ship] and one [periauga] rowed after that Canoa or Boat which putt off from ye Ship. At ye same time a great Gun went off from on board ye Bersheba, and somebody asked who fired it? Some made answer,  it was an accident,  at which time the Deponent saith, he heard a voyce hayl from ye Ship  not to fire for all was well  And that he heard [them] say afterwards among ye People of ye Periaugas That they told them [=the French] that in case a Gun was fired they would give no Quarters.

And that Captn. Carnegie being the worst Sayler did not come in that night but came in ye next day And to the best of his Knowledge joyned them again. Afterwards Captn. Carnegie and one of the Periaugas sayled out of ye Bay of Honda in Quest of a French Sloop [=Marianne] as [it] was said and in two or three daies after returned again, at which time we saw two Sayl off ye Barr who was said to be Captn. Hornegole and a French sloop.

At ye same time they weighed in generall with ye Ship and went out, as was said, after Hornigole ye Pirate. After being some little time out the Deponent was upon Deck and was bid to go down least He gett a Relapse and [he] did go down. At ye same time it was concluded and agreed upon to go in again to ye Bay of Honda to an Anchor, which they did, the Ship being then about two or three Leagues in ye offin[g] .

Some little time after she came in and those people on board her hailed and said they had done finely to leave them, for ye Marooners had risen upon them and the Frenchmen and had carried away all ye money, at which there was a murmuring among ye People. At ye same time Captn. Carnegie's Sloop was halled alongside ye Ship and everything was taken out of her and putt on board ye Ship which he afterwards comanded, his sloop being given to ye French Captain.


                                                       -- To be continued--

Memorial of Thomas Davis

If you have read the transcript from his trial for piracy on October 28^th, 1717, then you know that he makes an extensive statement about whether or not he was forced to go with the pirates.

In this post, I wanted to present some information about Thomas Davis that was not included in the trial transcript and might be of interest to my readers:

 

"Memorial of Thomas Davis" Boston. [n.d.] SCF Frag.26283, paper 2.

 

          Province of the Massachusetts Bay. To His Excellency Samuel Shute, Esquire, Governour and the Honourable His Majesties Council for the said Province.

          The Memorial and humble Representation of Thomas Davis of Bristol in Great Britain, Shipwright,

          Sheweth, That in the month of September last past he sailed out of Bristol as carpenter of the Ship St. Michael, whereof James Williams was the Commander, bound for Jamaica, and on or about the sixteenth day of December following We met two Pyrate Sloops, One commanded by Capt. Samuel Bellame, and the other by Monsr Louis Le Bou[s], who took the said ship about twenty Leagues off of Sabia and carried us to the Island of Blanco, where We were Kept till the ninth day of January when your Memo. (with about fourteen more Prisoners taken by the said Pyrate Sloope) was forced on board the ship Sultana Gally, taken from Capt. John Richards, then under the said Bellames Command, And afterwards the said Bellame took another ship called the Whiddo, and your Memo., with the rest of the said Ships compa., Came in her upon this Coast, where she was Cast away, as is very well Known, and your Memo. (with one Jno. Julian) only Escaped [and was then apprehended on April 29]. And since his Imprisom't he is Informed That some have Reported that your Memo. was several times on board the said ship after she was cast away and Knew where a considerable part of her Treasure was, and that he had concealed some of it; and many other things have been given out concerning your Memo. very falsely, to the great prejudice of your Memo, Who is altogether Ignorant of what is Alledged against him, And hath already Discharged his Conscience by making a true and full Discovery of all he knows referring to the premises . But your Memo. being a stranger was not Credited and therefore he had no better Fare than the Pyrates, being in Chains as well as they: Whereas he declares from his heart that he was forced along with them, very contrary to his will and to his great grief and sorrow, and was no ways Active among them any further than he was compelled.

          And forasmuch as your Memo. understands that the Pyrates in Prison suspect that he will make such discoverys as will not be pleasing to them, he is fearful least they should hurt him, if not deprive him of life, to prevent his Testimony against them. Your Memo, therefore and for the considerations before mentioned Humbly prays your Excellency and Honours will so far Indulge him as to free him from his chains and Imprisom't with the pyrates, and that he may have some Apartm't seperate from them, and that such other Relief may be given to your poor pet'r (who is Innocent of what is laid to his Charge) as the matter will bear, and as to Your Excellency and Honours in your great Moderation and Compassion shall seem meet.

          And your Memo. (as is Duty) bound) shall ever pray,

 

 

"Fragment of Instructions" [undated] SCF 26283.

 

33. In case any Goods, Money or other Estate of Pirates or Piratically taken [goods] shall be brought in or found within his Majesty's said Province of the Massachusetts Bay you are to cause the same to be Seized and Secured untill you shall have given his Majesty an Account thereof and received his pleasure concerning the Disposal thereof but in case such Goods or any part of them are perishable the same shall be publickly sold and disposed of and the produce thereof in like manner Secured until his Majesty's farther Order

34. And whereas Commissions have been granted unto several Persons in his Majesty's respective Plantations in America for the Trying of Pirates in those Parts pursuant to the Act for the more Effectuall Suppression of Piracy and by a Commission already sent to his Majesty's Province of the Massachusetts Bay You (as Captain General and Governour in Chief of his Majesty's sd Province) are Impowered together with others therein mentioned to proceed Accordingly in reference to his Majesty's said [Province?].  His Majesty's Will and Pleasure is that in all Matters relating to Pirates you Govern your self according to the Intent of the Act of Commission affore mentioned But whereas Accessories in cases of Piracy beyond the Sea are by the sd Act left to be try'd in England According to the Statute of the 28th of King Henry the 8th His Majesty does hereby farther direct and require you to sent all such accessories in Cases of Piracy in his Majesty's foresaid Province with the proper Evidences that you have against them into this Kingdom in order to their being Tryed here.  It is his Majesty's farther pleasure that no Persons for the future be sent as Prisoners to this Kingdom from the Massachusetts Bay without sufficient proof of their Crimes and that proof transmitted along with the said Prisoners.

                                Compar'd with the Original [by?] We

                                                   Samuel Tyley

                    Not. Pub. & Registrar of ye Justiciary Court of Adm

                                 John Boydell Regr. of the Admiralty

 

Colonial Massachusetts policy on handling pirate trials, Part Two

"28th HEN.VIII.c.15  AN ACTE for punysshement of Pyrotes and Robbers of the See" 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 3:671. London. 1963.

[pr.8]  And be it further enacted by the Authority aforesaid  That some Person being a Publick Notary shall be Register of the Court and in case of his Absence Death or Incapacity or for Want of a Person soe qualified the President of the Court shall and may appoint a Register giveing him an Oath which he is hereby impowered to administer duely faithfully and impartially to execute his Office which Register shall prepare all Warrants and Articles and take care to provide all Things requisite for any Tryall according to the substantiall and essentiall Parts of Proceedings in a Court of Admiralty in the most summary Way and shall take Minutes of the whole Proceedings and enter them duely in a Booke by him to be kept for that Purpose and shall from time to time as Oppportunity offers transmit the same with the Copies of all Articles and Judgments given in any such Cases in any Court whereof he shall be Register unto the High Court of Admiralty of England

[pr.9]  And be it further enacted by the Authority aforesaid  That if any of His Majesties naturall borne Subjects or Denizens [=inhabitants] of this Kingdome shall committ any Piracy or Robbery or any Act of Hostility against other His Majesties Subjects upon the Sea under Colour of any Commission from any Forreigne Prince or State or Pretence of Authority from any Person whatsoever [eg.James II] such Offender and Offenders and every of them shall be deemed adjudged and taken to be Pirates Felons and Robbers and they and every of them being duly convicted thereof according to this Act or the aforesaid Statute of King Henry the Eighth shall have and suffer such Pains of Death Losse of Lands Goods and Chattells as Pirates Felons and Robbers upon the Seas ought to have and suffer

[pr.10] And be it further enacted  That if any Commander or Master of any Shipp or any Seaman or Marriner shall in any Place where the Admirall hath Jurisdiction betray his Trust and turne Pirate Enemy or Rebell and piratically and feloniously run away with his or their Shipp or Shipps or any Barge Boate Ordnance Ammunition Goods or Merchandizes or yield them up voluntarily to any Pirate or shall bring any seducing Messages [eg."round-robin", 3.1] from any Pirate Enemy or Rebell or consult combine or confederate with or attempt or endeavour to corrupt any Commander Master Officer or Marriner to yield up or run away with any Shipp Goods or Merchandizes or turne Pirate or goe over to Pirates or if any Person shall lay violent Hands on his Commander whereby to hinder him from fighting in defence of his Shipp and Goods committed to his Trust or that shall confine his Master or make or endeavour to make a Revolt in the Shipp shall be adjudged deemed and taken to be a Pirate Felon and Robber and being convicted therof according to the Directions of this Act shall have and suffer Pains of Death Losses of Lands Goods and Chattells as Pirates Felons and Robbers upon the Seas ought to have and suffer

[pr.11] And whereas severall evill disposed Persons in the Plantations and elsewhere have contributed very much towards the Encrease and Encouragement of Pirates by setting them forth and by aiding abetting receiveing and concealeing them and their Goods and there being some Defects in the Laws for bringing such evill-disposed Persons to condign Punishment Be it enacted by the Authority aforesaid  That all and every Person and Persons whatsoever who after the Twenty ninth Day of September in the Yeare of our Lord One thousand seaven hundred shall either on the Land or upon the Seas wittingly or knowingly sett forth any Pirate or aid and assist or maintaine procure command counsell or advise any Person or Persons whatsoever to doe or committ any Piracies or Robberies upon the Seas and such Person [and? or?] Persons shall thereupon doe or committ any such Piracy or Robbery then all and every such Person or Persons whatsoever soe as aforesaid setting forth any Pirate or aiding assisting maintaining procuring commanding counselling or adviseing the same either on the Land or upon the Sea shall be and are hereby declared and shall be deemed and adjudged to be accessory to such Piracy and Robbery done and committed

[pr.12] And further  That after any Piracy or Robbery is or shall be committed by any Pirate or Robber whatsoever every Person and Persons who knowing that such Pirate or Robber has done or committed such Piracy and Robbery shall on the Land or upon the Sea receive entertaine or conceale any such Pirate or Robber or receive or take into his Custody any Shipp Vessell Goods or Chattells which have been by any such Pirate or Robber piratically and feloniously taken shall be and are hereby likewise declared deemed and adjudged to be accessory to such Piracy and Robbery  And that after the said Nine and twentieth Day of September all such Accessaries to such Piracies and Robberies shall and may be enquired of tried heard determined and adjudged after the common course of the Laws of this Land according to the said Statute made in the Twenty eighth Yeare of King Henry the Eighth as the Principalls of such Piracies and Robberies may and ought to be and no otherwise and being thereupon attainted shall suffer such Pains of Death Losses of Lands Goods and Chattells and in like Manner as the Principalls of such Piracies Robberies and Felonies ought to suffer according to the said Statute of King Henry the Eighth which is hereby declared to be and continue in full Force  Any thing in this present Act contained to the contrary notwithstanding

[pr.13] And forasmuch as it will alsoe conduce to the suppressing of Robberies on the Sea if due Encouragement is given and Rewards allowed to such Commanders Masters and other Officers Seamen and Mariners as shall either bravely defend their owne Shipps or take seize and destroy Pirates Sea-Rovers and Enemies Be it further enacted [p.593] by the Authority aforesaid  That when any English Shipp shall have been defended against any Pirates Enemies or Sea-Rovers by Fight and brought to her designed Port in which Fight any of the Officers or Seamen shall have been killed or wounded it shall and may be lawfull to and for the Judge of His Majesties High Court of Admiralty or his Surrogate in the Port of London or the Mayor Bailiffe or Chief Officer in the severall Out-ports of this Kingdome upon the Petition of the Master or Seamen of such Shipp soe defended as aforesaid to call unto him Four or more good and substantiall Merchants and such as are no Adventurers [=investors] or Owners of the Shipp or Goods soe defended and have no Manner of Interest therein and by Advice with them to raise and levy upon the respective Adventurers and Owners of the Shipp and Goods soe defended by Processe out of the said Court such Summe or Summs of Money as himselfe and the said Merchants by Plurality of Voices shall determine and judge reasonable not exceeding Two Pounds per Cent of the Freight and of the Shipp and Goods soe defended according to the first Costs of the Goods which Summe or Summs of Money soe raised shall be distributed among the Captaine Master Officers and Seamen of the said Shipp or Widows and Children of the slaine according to the Direction of the Judge of the said Court or his Surrogate in the Port of London or the Mayor Bayliffe or Chief Officer in the severall Out-ports of this Kingdom with the Approbation of the Merchants aforesaid who shall proportion the same according to their best Judgement unto the Shipps Company as aforesaid haveing speciall Regard unto the Widows and Children of such as shall have beene slaine in that Service and such as have beene wounded or maimed

[pr.14] And for the better and more effectuall Prevention of Combinations and Confederacies for the running away with or destroying of any Shipp Goods or Merchandizes Be it further enacted by the Authority aforesaid  That a Reward of Tenne Pounds for every Shipp or Vessell of One hundred Tons [3.1] or under and Fifteene Pounds for every Shipp or Vessell of a greater Burden [3.1] shall be paid by the Captaine Commander or Master of every Shipp or Vessell wherein any such Combination or Confederacy shall be sett on foot for the running away with or destroying any such Shipp or the Goods and Merchandizes therein laden to such Person as shall first make a Discovery thereof upon due proofs of such Combination or Confederacy the same to be paid att the Port where the Wages of the Seamen of the said Shipp are or ought to be paid after such Discovery and Proofe made.

[pr.15] Provided alsoe  That this Act shall be in force for Seaven Yeares and to the End of the next Session of Parliament after the Expiration of the said Seaven Yeares and no longer

[pr.16] And for the more effectuall Prosecution and Punishment of Piracies Felonies and Robberies upon the Sea and of all other Offences aforementioned Be it declared and enacted by the Authority aforesaid  That the Commissioners appointed or to be apointed by the aforementioned Statute of King Henry the Eighth or the Commissioners for Tryall of Pirates appointed by this Act shall from and after the said Nine and twentieth Day of September One thousand seaven hundred have the sole Power and Authority of trying hearing and determineing the said Crimes and Offences within all or any of the Colonies and Plantations in America governed by Proprietors or under Grants or Charters from the Crowne and of bringing the Offenders to condigne Punishment and shall and may issue forth their Warrant or Warrants for the seizing and apprehending of any Pirates Felons or Robbers upon the Sea or their Confederates or Accessaries being within any of the said Colonies and Plantations in order to their being brought to Tryall within the same or any other Plantation in America according to this Act or sent into England to be tryed there and that all and every Governour and Governours Person and Persons in Authority in the said Colonies and Plantations governed by Proprietors or under Charters as aforesaid shall assist the Commissioners and their subordinate Officers in doeing their Duty and alsoe in the Execution of such Warrants and otherwise and shall deliver up to such Commissioner or Commissioners Officer or Officers any Pirates Felons and Robbers upon the Sea and their Confederates and Accessaries in order to their being tryed or sent into England as aforesaid  Any Letters Patent Grants or Charters of Government in and about the said Plantations or other Usages heretofore had or made to the contrary notwithstanding

[pr.17] [Separate amendment annexed to the original Act]:

And be it hereby further declared and enacted  That if any of the Governours in the said Plantations or any Person or Persons in Authority there shall refuse to yield Obedience to this Act such Refusall is hereby declared to be a Forfeiture of all and every the Charters granted for the Government or Propriety of such Plantation]

[pr.18] Provided alwaies and be it enacted by the Authority aforesaid  That whensoever any Commission for the Tryall and Punishment of the Offences aforesaid or any of them shall be directed or sent to any Place within the Jurisdiction of the Cinque Ports [3.1] that then every such Commission shall be directed unto the Lord Warden of the Cinque-Ports for the time being or to his Lieutenant and unto such other Persons as the Lord High Chancellor or Keeper of the Great Seale of England for the time being or Commissioners for the Custody of the Great Seale shall name and appoint  And likewise that every Inquisition and Tryall to be had by vertue of such Commission so directed and sent to any Place in the said Cinque-Ports shall be made and had by the Inhabitants of the said Cinque-Ports or the Members of the same  Any thing in this Act to the contrary thereof notwithstanding

[pr.19] And for the Prevention of Seamen deserting of Merchant Shipps abroad in Parts beyond the Sea which is the chiefe Occasion of their turning Pirates and of great Detriment to Trade and Navigation in generall Be it enacted [p.594] by the Authority aforesaid  That all such Seamen Officers or Saylors who shall desert the Shipps or Vessells wherein they are hired to serve for that Voyage shall for such Offence forfeite all such Wages as shall be then due to him or them

[pr.20] And be it further enacted by the Authority aforesaid  That in case any Master of a Merchant Shipp or Vessell shall after the Nine and twentieth Day of September One thousand and seaven hundred during his being abroad force any Man on Shore or wilfully leave him behind in any of His Majesties Plantations or elsewhere or shall refuse to bring home with him againe all such of the Men which he carried out with him as are in a Condition to returne when he shall be ready to proceed in his Home-ward-bound Voyage every such Master shall being thereof legally convicted suffer Three Months Imprisonment without Baile or Mainprize [3.1].