Province of New-York, ss. Anno Regni Gulielmi & Mariae, REGIS & REGINAE, Angliae, Scotiae, Franciae & Hiberniae, QUINTO. An ACT for Restraining and Punishing Privateers and Pirates. WHereas nothing can more contribute to their Majesty's Honour than such Articles as are concluded and agreed on in all Treaties of Peace, should by all their Majesty's Subjects according to their Duty, be most inviolably preserved and kept, in and over all their Majesty's Dominions and Territories. And whereas against such Treaties of Peace made between their Majesties and their Allies, several of their Majesty's Subjectts do continually sail under Commissions of Foreign Princes and States, contrary to their Duty and good Allegiance, and by fair means cannot be restrained from so doing▪ Be it therefore Enacted by the Governor, Council and Assembly, and it is hereby Enacted by the Authority of the same, That from and after Publication hereof, it shall be Felony for any Person which now doth or hereafter shall inhabit in or belong to this Province▪ to serve in America in an Hostile manner under any Foreign Prince, State or Potentate in Amity with their Majesties, without special Licence for so doing, under the Hand and Seal of their Majesty's Governor or Commander in Chief of this Province for the time being▪ and that all and every such Offender and Offenders, contrary to the true intent of this Act, being thereof duly convicted in their Majesty's Court of Judicature within this Province (to which Courts Authority is hereby given to hear and determine the same, as other cases of Felony▪) shall suffer pains of Death, without benefit of Clergy. Provided nevertheless that this Act, nor any thing therein contained, shall extend to any Person or Persons, which now are or have been in the Service or Employment of any foreign Prince, State or Potentate whatsoever, that shall return to this Province, and leave and desert such Service and employment, before the first day of September next ensuing, rendering themselves to their Majesty's Governor or Commander in Chief for the time being▪ and giving such Security as he shall appoint for their future good Behaviour, and also that they shall not depart this Province without the Licence of their Majesty's Governor or Commander in chief. And for the better and more speedy Execution of Justice upon such who having committed Piracies, Felonies, and other Offences upon the Sea, shall be apprehended in or brought prisoners to this Province. Be it further enacted by the Authority aforesaid, That all felonies, Piracies, Roberies, Murders, or Confederacies committed, that hereafter shall be committed upon the Sea, or in any Haven, Creek or Bay, within the Jurisdiction of the Admiralty, shall be enquired, tried, heard, determined and judged in such Form as if such Offence had been committed in and upon the Land, and to that end and purpose Commissions shall be had under their Majesty's Seal of this Province, directed to the Judge or Judges of the Admiralty of this Province for the time being, and to such other substantial persons, as by their Majesty's Governor or Commander in chief of this Province, for the time being▪ shall be named or appointed; which said Commissioners, or such a Quorum of them, as by such Commission shall be thereunto authorized, shall have full Power to do all things in and about the enquiry, hearing, determining, adjudging and punishing of any of the Crimes and Offences aforesaid, as any Commissioners appointed by Commission under the great Seal of England, by Virtue of a Statute made in the Twenty Eight Year of the Reign of King Henry the eight, are Impowered to do and execute within the Kingdom of England▪ And that the said Offenders which are or shall be apprehended in or brought Prisoners to this Province, shall be liable to such Order, Process, Judgement and Execution, by Virtue of such Commission to be grounded upon this Act, as might be awarded or given against them, if they were proceeded against within the Realm of England, by Virtue of any Commission grounded upon the said Statute. Be it further Enacted by the Authority aforesaid, That all and every person or persons that shall any way knowingly entertain, harbour, conceal, trade, or hold any correspondence by Letters, or otherwise, with any person or persons that shall be deemed or judged to be Privateers, Pirates, or other Offenders within the Construction of this Act, and shall not readily endeavour, to the best of his and their power, to apprehend, or cause to be apprehended such Offender or Offenders, shall be liable to be prosecuted against, as Accessaries and Confederate, to suffer such pains and penalties, as in in such case by Law is provided. And for the better and more effectual Execution of this Act, Be it further Enacted by the Authority aforesaid, That all Commission Officers, in their several Precincts within this Province, are hereby required and impowered, upon his or their Knowledge, or Notice given, That any Privateers, Pirates, or other Persons, suspected to be upon any Unlawful Design, are in any place within their respective Precincts, to raise and levy such Number of well Armed Men, as he or they shall think needful, for the seizing, apprehending, and carryinig to Goal all and every such person and persons, and in case of any Resistance, or Refusal to yield Obedience to their Majesty's Authority, it shall be lawful to Kill or Destroy such Person or Persons. And all and every Person or Persons that shall Oppose or Resist, by Striking or Firing upon any of the Commanded Parties, shall be deemed, taken and adjudged Felons, without Benefit of the Clergy. And every such Officer that shall omit or neglect his Duty herein, shall forfeit Fifty pounds' currant Money of this Province for every such Offence, to be Recovered in any of their Majesty's Courts of Record within this Province, by Bill, Plaint or Information, wherein is no Essoyn, Wager of Law or Protection shall be allowed, one moiety thereof to be to their Majesties, their Heirs and Successors, for and toward the support of the Government of this Province, and the contingent Charges thereof, and the other moiety to the Informer. And all and every Person and Persons that upon Orders given him or them, shall refuse to repair immediately, with his or their Arms well fixed, and Ammunition, to such place or places as shall be appointed by any super Officer or Officers, and not readily Obey his or their Commands, in the Execution of the Premises, shall be liable to such Fine or Corporal Punishment as shall be awarded against them within the Courts to which the Recognizeance of the Fact doth belong. FINIS.