Privateering and Piracy in the Colonial Period / Illustrative Documents

by Unknown

[3] Nov. 7, 1704, Cranston had given a privateer's commission to Capt. John Halsey of the brigantine Charles, the vessel that had been Quelch's. The governor's confidence seems not to have been justified, for presently Halsey entered upon a large and lurid career of piracy, duly described in Johnson, General History of the Pyrates, II. 110-118.

[4] Assembly.

[5] It would be hard to find any such grant in the Rhode Island charter of 1663.

106. Commission for Trial of Piracy. November 1, 1716.[1]

South Carolina.

His Excellency John Lord Carteret, Palatine, The most Noble Henry Duke of Beaufort, the Right Hon'ble William Lord Craven, the Hon'ble Maurice Ashley Esqr., Sir John Colleton Baronet, John Danson Esqr., and the rest of the true and absolute Lords and Proprietors of Carolina,[2] To Nicholas Trott Esq., Judge of the Vice Admiralty in South Carolina and chief Justice of the said Province,[3] The Hon'ble Capt. Thomas Howard Commander of his Majestys ship the Shoram, the Hon'ble Charles Hart Esqr., one of the Members of our Council in South Carolina, the Hon'ble Thomas Broughton, Speaker of the Lower House of Assembly in South Carolina, Arthur Middleton and Ralph Izard Esqrs., Capt. Philip Dawes, Capt. Willm. Cuthbert, Commander of the Fortune Frigate, Capt. Allen Archer, Commander of the Brigantine Experiment, and Samuel Deane and Edward Brailsford, merchants, Greeting.

Whereas by an Act of Parliament made in the Twenty-Eight year of Henry the Eight Intituled for Pirates It is among other things Enacted That all Treasons, Felonies, Robberies, Murthers and Confederacies thereafter Committed in or upon the Seas or in any other Haven, River, Creek or Place where the Admiral or Admirals have or Pretend to have power, Authority or Juridiction, Shall be Inquired, Tryed, heard, determined and Judged in such Shires and Places in the Realm as shall be Limitted by the Kings Commission or Commissions to be directed for the same in like form and Condition as if any such Offence or Offences had been Committed or Done in and upon the Land, and such Commissions shall be had under the Kings Great Seal Directed to the Admiral or Admirals or to his or their Lieutenant, Deputy and Deputies, and to three or Four such other Substantial persons as shall be named or appointed by the Lord Chancellor of England for the time being from time to time and as often as needs shall require, to hear and Determine such Offences after the Common Course of the Laws of England Used for Treasons, Felonies, Robberies, Murthers and Confederacies of the same Done and Committed upon the Land within the Realm of England, And it is further Enacted That such Persons to whom such Commission or Commissions shall be Directed or four of them at the least shall have full power and authority to Inquire of such Offences and of every of them by the Oaths of Twelve good and Lawfull Inhabitants in the Shire Limited in their Commission in such like manner and form as if such offence had been Committed Upon the Land within the same Shire, And that every Indictment found and presentd before such Commissioners of any Treasons, Felonies, Robbery, Murthers, Manslaughters or such other Offences Committed or done in and upon the Seas or in and upon any other River or Creek Shall be Good and Effectual in the Law, and if any Person or Persons happen to be Indicted for any such Offence done or thereafter to be done upon the Seas or any other place above Limitted That then such Order, Process, Judgement and Execution shall be used had Done and made to and against every such person or Persons so being Indicted as against Traitors, Felons and Murtherers for Treason, Felony, Robbery, Murther or such Offences done upon the Land as by the Law of this Realm is Accustomed, and that the Tryal of such Offence or Offences if it be Denied by the Offender or Offenders shall be had by Twelve Lawfull men Inhabited in the Shire Limited within such Commission, which shall be Directed as is aforesaid, and no Challenge or Challenges to be had for the Hundred.

And such as shall be Convict of any such Offence or Offences by Verdict, Confession or Process by Authority of any such Commission shall have and Suffer such pains of Death, Losses of Lands, Goods and Chattels as if they had been Attainted and Convicted of any Treasons, Felonies, Robberies or other the Like said Offences done upon the Land,[4] Which said Act for Pirates with Several other Acts of Parliament of the Kingdom of England are made of Force in this Province by of Act of Assembly Intitled an Act to put in Force in this Province the several Statutes of the Kingdom Of England or South Britain therein particularly mentioned, duely Ratified in open Assembly the Twelth Day of December in the year of our Lord One Thousand Seven Hundred and Twelve, In which said Act of Assembly Amongst other things It is Enacted That the Honble Governor and the Council of this Province for the time being shall have all the power and Authority relating to the Execution of the therein Enumerated Statutes as by the same or by any other the Laws of England are Given to the Lord Chancellor or the Lord Keeper of the Great Seal of England as the said Act of Assembly, reference being there unto had, will more fully appear.

Now Know yee, That we, reposing especial Trust and Confidence in the Ability, Care, Prudence and Fidelity of you the said Nicholas Trott, Thomas Howard, Charles Hart, Thomas Broughton, Arthur Middleton, Ralph Izard, Philip Daws, William Cuthbert, Allen Archer and Samuel Brailsford or any four of you, the said Nicholas Trott to be one, have constituted and Appointed and by these presents Do Constitute and Appoint you to be Our Commissioners in South Carolina for Examining, Enquiring of, Trying, Hearing and Determining and Adjudging, according to the directions of the said act of Parliament as made of force in the said province of South Carolina, all Treason, Piracies, Robberies, Felonies and Murthers Committed in or upon the Sea or within any Haven, River, Creek or place where the Admiral or Admirals have power, authority or Jurisdiction, And to Do all things necessary for the hearing and final Determination of any Cases of Treason, Piracy, Robbery, Felony or Murther Committed on the Sea or where the Admiral hath Jurisdication, and to Give Sentence and Judgement of Death and to Award Execution of the Offenders so Convicted and Attainted, And we hereby direct, Impower and require you our said Commissioners to proceed, Act, Examine, hear, adjudge and Determine in all things as fully and amply to all Intents and purposes within this province of South Carolina as any Commissioners in the Kingdom of England Impowered by Commission under the Broad Seal pursuant to the said Statute of the Twenty Eight of Henry the Eight for Pirates or any the like Commissioners in any of the British Plantations in America can or may lawfully doe, perform and Execute, And we do hereby Require and Command all our Officers and all other Persons whatsoever in anywise concerned to take notice of this our Grant and give all due Obedience to your said Commissioners in the Execution of the several powers herein Granted you, as they will Answer the Contrary att their Perils. Witness our Deputy Governor and our Deputies at CharlesTown in South Carolina And Given under the Publick Seal of the said Province of South Carolina This First day of November In the Third year of the Reign of our Lord George, by the Grace of God of Great Britain France and Ireland King, Defender of the faith etc. And in the year of our Lord One Thousand Seven hundred and Sixteen.

Robert Daniel.[5] George Logan. Fra. Yonge. Sam: Eveleigh.