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.