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.
This Act shall not prejudice any Person, or Persons, (urged by Necessity) for taking Victuals, Cables, Ropes, Anchors or Sails, out of another Ship that may spare them, so as they either pay ready Money, or Money worth for them, or give a Bill for the Payment thereof; if on this Side the Straits of Gibraltar, within four Months; if beyond, within twelve Months.
When any such Commission shall be sent to any Place within the Jurisdiction of the Cinque-Ports, it shall be directed to the Warden of the said Ports, or his Deputy with three or four other Persons, as the Lord Chancellor shall Name; and the Inquisition or Tryal of such Offences, there, shall be made and had, by the Inhabitants of the said Ports, and Members of the same.
By 11 and 12 W. 3. c. 7. If any natural born Subjects or Denizons of England, commit Pyracy, or any Act of Hostility, against his Majesty’s Subjects at Sea, under Colour of a Commission or Authority, from any foreign Prince or State, or Person whatsoever, such Offenders shall be adjudged Pyrates.
If any Commander or Master of a Ship, or Seaman or Mariner, give up his Ship, &c. to Pyrates, or combine to yield up, or run away with any Ship, or lay violent Hand on his Commander, or endeavour to make a Revolt in the Ship, he shall be adjudged a Pyrate.
All Persons who after the 29th of September 1720, shall set forth any Pyrate (or be aiding and assisting to any such Pyrate,) committing Pyracy on Land or Sea, or shall conceal such Pyrates, or receive any Vessel or Goods pyratically taken, shall be adjudged accessary to such Pyracy, and suffer as Principals.