AN ACT FOR THE Punishment of Crimes Committed upon, or beyond the SEAS.

[seal of the Commonwealth]

Die Jovis, 20 Septembr. 1649.

ORdered by the Commons assembled in Parliament, That this Act be forthwith printed and published.

Hen: Scobell, Cleric. Parliament'.

London, Printed by John Field for Edward Husband, Printer to the Parlia­ment of England: and are to be sold at his Shop in Fleetstreet, at the Sign of the Golden-Dragon, near the Inner-Temple, 1649.

AN ACT FOR THE Punishment of Crimes Committed upon, or beyond the SEAS.

FOr the more convenient and speedy punishment of Crimes and Offen­ces done and commit­ted, and hereefter to be done and committed upon and beyond the Sea, The Parliament of England now assem­bled do Enact and De­clare, and be it Enact­ed and Declared by Authority of the same, That all such Treasons, Felonies, Piracies, Robbe­ries, Murtherers and Confederacies thereof, which have been at any time since the Five and twentieth day of MARCH, in the year of our Lord, 1646. committed, or hereafter shall be committed in or upon the Sea, or in any Haven, River, Creek or place, where the Admiral or Ad­mirals had, have, or pretend to have Power, Au­thority or Iurisdiction; and all stealing, or ta­king, or treacherous carrying away of any Ship, [Page 554] Barque or Boat, Ordnance or Ammunition (ap­pointed for the publique Service of the State, or for any private benefit of the Owners) from such places and imployment, and without lawful warrant and authority from the publique State, or such private persons respectively thereto first had and obtained; And all Murthers and Man­slaughters committed by any of the Natural Leighs of this Nation, upon or against any of the good people of the same in any the Forreign parts wheresoever (upon any matter, cause or oc­casion originally beginning within this Land, du­ring such time as such persons had their abode within the same) shall be henceforth enquireable, triable and determinable before the Iudges and Iustices of Oyer and Terminer, and of Goal-Deli­very in the several and respective Shires and Li­mits of their Commissions, where any such of­fenders shall be found: And the said Iudges and Iustices by vertue hereof, and of the several Com­missions of Oyer, Terminer, and Goal-Delivery to them directed, shall give the same in charge at such time as they shall hold their Sessions by vertue of such Commissions; And shall have full power and authority to enquire of all the Crimes and Offences aforesaid, and of every of them, by the Oathes of twelve good and lawful men, Inha­bitants in the Shire limited in their Commission, in such like maner and form, as if such Crimes and Offences had been committed upon the Land within the same Shire. And if any person or per­sons (not formerly disposed of, or otherwise order­ed by the Parliament or the Councel of State) shall be indicted for such Crime, Offence or Offen­ces done, or hereafter to be done upon the Seas, or in any other place above-limited, That then such Order, Proces and maner of proceedings [Page 555] shall be used, had, made and done, to and against such person and persons so being indicted, as is used by the course of the Law of this Land, and as if the said Crime and Offence, or Crimes and Offences had been committed or done upon the Land; and that the tryal of all and every the Crimes and Offences before-mentioned in this Act, if the offence be denied by the offender or of­fenders, shall be had by twelve lawful men, inha­biting in the Shire or Shires limited within such Commission or Commissions, which shalbe directed as aforesaid; and no challenge or challenges to be had for the Hundred: And such person or persons so found guilty of any Crime or Crimes aforesaid, by Verdict, Confession or Proces, shall without allowance of benefit of Clergy, suffer such punish­ment by pains of Death, and loss of Lands and Goods, as in other cases of Treason, Murther, Manslaughter, Robbery, or other Felony done upon the Land is used. And for the better bringing of such persons to due pubishment, Be it Enacted, and by authority of this present Parliament it is further Enacted, That as often as any person or persons suspected to be guilty of the Crime or Crimes, and offences aforesaid, shalbe brought be­fore any Iustice or Iustices of the Peace, or other chief officer or officers of such place or county, the said Iustice and Iustices, chief officer or officers shall take examinations of witnesses in writing upon oath (which hereby they are & shal be enabled to administer) and information of all or so many of the principal persons that shalbe so brought before them by warrant of the said Iustice or Iustices, Officer or Officers or otherwise, and of such per­sons as shall bring such offender or offenders be­fore them, as he or they shall think meet and con­venient, to discover the particular matter or mat­ters [Page 556] in fact; and after such Examinations and Informations had and made, shall commit the said offender or offenders in safe custody to the Goal of the said place or County, if he or they shall see just cause; and shall send a transcript of all the said Examinations and Informations so taken, under his or their Hand and Seal, inclosed under Seal to the Councel of State, who are hereby authorized and enabled to dispose of the said offender or offenders, or so many of them as they shall think meet, and send their directions concerning the same unto the Iustices or chief Officers of the place aforesaid, who are hereby likewise authorized and enjoyned to conform themselves unto such Directions; and to some such offender or offenders, not otherwise disposed of as aforesaid, unto the next Sessions of Goal-Delivery, or Oyer and Terminer for the Shire, to be proceeded against according to his or their Crime or Crimes: And for the maintenance of such person or persons so taken and imprisoned as aforesaid, or so many of them as are not able to maintain him or themselves, during his or their Imprisonment, It is further Enacted by the Authority aforesaid, That he or they shall be maintained as other prisoners not able to main­tain themselves, at the charge of such Shire where they are in prison, by allowance out of the pub­lique Treasury of that Shire, for the prisoners of the Vpper Bench and Marshalsey; and the said allowance shall be made by the Iustices of the Peace at their Quarter Sessions to be holden for the said Shire. And it is further Enacted and Declared by the Authority aforesaid, That in all cases where such person or persons shall be committed to safe custody as aforesaid, the Kee­pers of the respective Goals or Prisons shall re­ceive [Page 557] such person or persons to them committed, and them hold in safe custody, and shall not suffer them to go at large, unless they shall be dischar­ged from Imprisonment by the Order and Dire­ction of the Parliament or Councel of State, or legal tryal as aforesaid: And in case the Keeper or Keepers of such respective Goals, shall suffer such persons after such commitment to make any escape, in such maner that they shall not have such persons before the said Iudges or Iustices at the next Sessions of Goal-Delivery, or Oyer and Terminer for the Shire, the said Keepers of such Goal or Goals shall be proceeded against by Indictment, and suffer punishment, as in other cases of escapes of Felons by the Law they ought to suffer. And it is further Enacted by the Au­thority aforesaid, That in all cases aforesaid, Commissions of Oyer and Terminer shall be issued forth by the Lords Commissioners of the Great Seal, so often as by the Councel of State shall be thought meet, and according to their Directi­ons, as touching the places and limits of such Commissions.

Die Jovis, 20 Septembr. 1649.

ORdered by the Commons assembled in Par­liament, That this Act be forthwith printed and published.

Hen: Scobell, Cleric. Parliamenti.

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