openly and distinctly read the Articles against such Prisoner or Mode of Trial. Prisoners upon which they or any of them is or are to be tried, wherein shall be set forth the particular fact or facts of Piracy, Robbery, and Felony, with the time and place when and where, and in what manner it was committed; and then each Prisoner shall be asked whether he be guilty of the said Piracy and Robbery, or Felony, or not guilty, whereupon every such Prisoner shall immediately plead thereunto guilty or not guilty, or else it shall be taken as confessed, and he shall suffer such pains of Death, loss of Lands, Goods, and Chattels, and in like manner as if he or they had been attainted or convicted upon the Oath of Witnesses or his own Confession; but if any Prisoner shall plead not guilty, Witnesses shall be produced by the Register, and duly sworn and examined openly viva voce in the Prisoner's presence; and after a Witness hath answered all the Questions proposed by the President of the Court, and given his Evidence, it shall and may be lawful for the Prisoner to have the Witness cross-examined, by first declaring to the Court what Questions he would have asked, and thereupon the President of the Court shall interrogate the Witness accordingly; and every Prisoner shall have liberty to bring Witnesses for his defence, who shall be sworn and examined upon Oath as the Witnesses were that testified against him; and afterwards the Prisoner shall be fairly heard what he can say for himself; and which being done, the Prisoner shall be taken away and kept in safe custody, and all other persons, except the Register, shall withdraw from the said Court, and then the Court shall consider of the Evidence which hath been given, and debate the matters and circumstances of the Prisoner's case; and the President of the Court shall collect all the Votes of the persons who do sit and have Voices in the said Court, beginning at the junior first and ending with himself; and according to the Plurality of Voices, Sentence and Judgment shall be then given and pronounced publicly in the presence of the Prisoner or Prisoners, being called in again; and according to such Sentence and Execution of Judgment, the person or persons attainted shall be executed and put to Death, at such time, in such manner, and in such place upon the Sea, or within the ebbing or flowing thereof, as the President, or the major part of the Court, by Warrant directed to a Provost Marshal (which the President or said major part shall have power to constitute) shall appoint. 11, 12 W. 3. c. 7. s. 6. Some Person being a public Notary shall be Register of the Register of the Court; and in case of his Absence, Death, or Incapacity, or public notary.

the Sentence.

court shall be a

His duty.

Oath to be taken for want of a Person so qualified, the President of the Court by him. shall and may appoint a Register, giving him an Oath (which he is hereby empowered to administer) duly, faithfully, and impartially to execute his Office; which Register shall prepare all Warrants and Articles, and take care to provide all things requisite for any Trial, according to the substantial and essential Parts of Proceedings in a Court of Admiralty, in the most summary way; and shall take Minutes of the whole Proceedings, and enter them duly in a Book by him to be kept for that Purpose, and shall from time to time, as Opportunity offers, transmit the same, with Copies of all Articles and Judgements given in any such Cases, in any Court whereof he shall be Register, unto the High Court of Admiralty in England. 11, 12 W. 3. c. 7. s. 7.

Trial of Offences in the

tations,

For the more effectual Prosecution and Punishment of Piracies, American plan- Felonies, and Robberies upon the Sea, and of all other Offences aforementioned; it is declared and enacted, that the Commissioners appointed or to be appointed by the afore-mentioned Statute [of H. 8.] or the Commissioners for trial of Pirates appointed by this Act, shall from and after the said 29th September 1700, have the sole Power and Authority of trying, hearing, and determining the said Crimes and Offences within all or any of the Colonies and Plantations in America, governed by Proprietors or under Grants or Charters from the Crown, and of bringing the Offenders to condign Punishment, and shall and may issue forth their Warrant or Warrants for the seizing and apprehending of any Pirates, Felons, or Robbers upon the Sea, or their Confederates or Accessaries being within any of the said Colonies and Plantations, in order to their being brought to Trial within the same or any other Plantations in America, according to this Act, or sent into England to be tried there; and that all and every Governor and Governors, Person and Persons in Authority in the said Colonies and Plantations governed by Proprietors, or under Charters as aforesaid, shall assist the Commissioners and their subordinate Officers in doing their duty, and also in the Execution of such Warrants and otherwise, and shall deliver up to such Commissioner or Commissioners, Officer or Officers, any Pirates, Felons, and Robbers upon the Sea, and their Confederates and Accessaries, in order to their being tried, or sent into England as aforesaid, any Letters Patents, Grants, or Charters of Government in and about the said Plantations, or other usages heretofore had or made to the contrary notwithstanding. 11, 12 W.3.

c. 7. s. 14.

governors, &c.

If any of the Governors in the said Plantations, or any Per- Penalty on son or Persons in Authority there, shall refuse to yield obe- of Plantations dience to this Act, such refusal is hereby declared to be a for- not obeying this feiture of all and every the Charters granted for the Government or Propriety of such Plantation. s. 15.

Act.

offences within the Cinque

Whensoever any Commission for the Trial and Punishment Trial of such of the Offences aforesaid, or any of them, shall be directed or sent to any place within the Jurisdiction of the Cinque Ports, Ports. that then every such Commission shall be directed unto the Lord Warden of the Cinque Ports for the time being, or to his Lieutenant, and unto such other persons as the Lord High Chancellor, or Keeper of the Great Seal of England for the time being, or Commissioners for the Custody of the Great Seal, shall name and appoint; and likewise that every Inquisition and trial to be had by virtue of such Commission so directed and sent to anyplace in the said Cinque Ports, shall be made and had by the Inhabitants of the said Cinque Ports, or the Members of the same, any thing in this Act to the contrary notwithstanding. s. 16.

This Act is made perpetual by 6 G. 1. c. 19.

All and every person and persons who have committed or shall commit any Offence or Offences for which they ought to be adjudged, deemed, and taken to be Pirates, Felons, or Robbers by 11, 12 W. 8. c. 7., may be tried and judged for every such Offence in such manner and form as in and by 28 H. 8. c. 15. is directed and appointed for the Trial of Pirates, and shall and ought to be utterly debarred and excluded from the Benefit of Clergy for the said Offence; any Law or Statute to the contrary thereof in anywise notwithstanding. 4 G 1. c. 11.

s. 7.

This Act shall extend to all his Majesty's Dominions in America. s. 9.

For the more speedy bringing Offenders to justice, and to prevent the inconveniences occasioned by want of frequently hold ing a Session of Admiralty for the Trial of Offences committed on the High Seas, be it enacted, that from and after 1 June 1759, 2 Session of Oyer and Terminer and Gaol Delivery, for the Trial of Offences committed upon the High Seas within the Jurisdiction of the Admiralty of England, shall be held twice at least in every Year, that is to say, in the several Months of March and October in each Year, at Justice Hall in the Old Bailey, London, except at such times as the Sessions of Oyer

2. Offenders against 11, 12 W. 3.

c. 7. shall he

tried and judged

as

under 23 11.8.

c. 15.

Commissioners of Oyer and Terminer for the Admiralty Jurisdiction, and Justices of

Peace, may take

Informations of piracy, &c.

$4. To stand mute, &c. upon arraign

ment for Piracy shall amount to

a conviction.

and Terminer and Gaol Delivery for the City of London and County of Middlesex shall be appointed to be there held, or in such other Places within that part of Great Britain called England, as the Lord High Admiral of Great Britain, or the Commissioners for executing the Office of Lord High Admiral of Great Britain, for the time being, or any Three or more of them, shall by any Letter or Order in Writing under their hands, directed to the Judge of the High Court of Admiralty in England for the time being appoint. 32 G. 2. c. 25. s. 20.

From and after 1 June 1759, it shall and may be lawful not only to and for any one or more of the Commissioners for the time being named in the Commission of Oyer and Terminer for the trying of Offences committed within the Jurisdiction of the Admiralty of England, but also to and for any one or more of the Justices of the Peace for the time being of any County, Riding, Division, or Place within that part of Great Britain called England, and they are hereby respectively authorized and empowered from time to time to take any Information or Informations of any Witness or Witnesses in writing, upon Oath, touching any Piracy, Felony, or Robbery done or committed, or charged to have been done or committed, in or upon the Sea, or in any Haven, River, Creek, or Place where the Admiral or Admirals hath or have Power, Authority, or Jurisdiction; and thereupon (if such Commissioner or Commissioners or Justice or Justices of the Peace respectively shall see cause) by any Warrant or Warrants under his or their Hand and Seal or Hands and Seals, to cause the person or persons accused in such Information or Informations to be apprehended and committed to the Gaol of the County or Place wherein the same Information or Informations shall be taken, there to remain until discharged by due course of Law. s. 21.

For the more effectual proceeding against persons standing mute on their Arraignment for Felony or Piracy, be it enacted, that if any person, from and after the passing of this Act, being arraigned on any Indictment or Appeal for Felony, or on any Indictment for Piracy, shall, upon such Arraignment, stand mute, or will not answer directly to the Felony or Piracy, such person so standing mute as aforesaid shall be convicted of the Felony or Piracy charged in such Indictment or Appeal, and the Court before whom he shall be so arraigned shall thereupon award Judgment and Execution against such person, in the same manner as if such person had been convicted by Verdict or Confes

sion of the Felony or Piracy charged in such Indictment or Appeal, and such Judgment shall have all the same consequences in every respect as if such person had been convicted by Verdict or Confession of such Felony or Piracy, and Judgement had been thereupon awarded. 12 G. 3. c. 20. s. 1.

The Provisions of this Act shall extend to his Majesty's Colonies and Plantations in America. s. 2.

Polygamy.

If any person that by this or any other Statute or Law ought Clergy allowed to have the Benefit of his Clergy, such person shall be allowed to bigamists, to have his Clergy, although they may have been sundry times married to any single Woman or single Women, or to any Widow or Widows, or to two Wives or more. 1 Ed. 6. c. 12. s. 16.

If any person within his Majesty's dominions of England and Wales being married, or which hereafter shall marry, do at any time after the end of the Session of this present Parliament, marry any person or persons, the former Husband or Wife being alive, that then every such Offence shall be Felony, and the person and persons so offending shall suffer Death as in Cases of Felony, and the party and parties so offending shall receive such and the like Proceeding, Trial, and Execution in such County where such person or persons shall be taken or apprehended. 1 Jac. 1.

c. 11.

This Act shall not extend to any person or persons whose Husband or Wife shall be continually remaining beyond the Seas by the Space of Seven Years together, or whose Husband or Wife shall absent himself or herself the one from the other by the Space of Seven Years together, in any parts within his Majesty's dominions, the one of them not knowing the other to be living within that time. s. 2.

This Act shall not extend to any person or persons that are or shall be at the time of such Marriage divórced by any Sentence had or hereafter to be had in the Ecclesiastical Court; nor to any person or persons where the former Marriage hath been or hereafter shall be, by Sentence in such Court, declared to be void and of no effect; nor to any person or persons for or by reason of any former Marriage had or made or hereafter to be

Felony to marry

a second hus

band or wife, the first being living, Cro. Eliz. 94. Cro. Car. 461. Kelyng, 79, 80. Hale P. C.

March. 101.

692.

To whom this

Act shall not

extend.