An ABSTRACT of the Civil Law and Statute Law now in Force, in Relation to Pyracy.
A Pyrate is Hostis humanis generis, a common Enemy, with whom neither Faith nor Oath is to be kept, according to Tully. And by the Laws of Nature, Princes and States are responsible for their Neglect, if they do not provide Remedies for restraining these sort of Robberies. Though Pyrates are called common Enemies, yet they are properly not to be term’d so. He is only to be honour’d with that Name, says Cicero, who hath a Commonwealth, a Court, a Treasury, Consent and Concord of Citizens, and some Way, if Occasion be, of Peace and League: But when they have reduced themselves into a Government or State, as those of Algier, Sally, Tripoly, Tunis, and the like, they then are allowed the Solemnities of War, and the Rights of Legation.
If Letters of Marque be granted to a Merchant, and he furnishes out a Ship, with a Captain and Mariners, and they, instead of taking the Goods, or Ships of that Nation against whom their Commission is awarded, take the Ship and Goods of a Friend, this is Pyracy; and if the Ship arrive in any Part of his Majesty’s Dominions, it will be seized, and for ever lost to the Owners; but they are no way liable to make Satisfaction.
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.