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An Abſtract of the Civil Law and Statute Law now in Force, in Relation to Pyracy.
Pyrate is Hoſtis humanis generis, a common Enemy, with whom neither Faith nor Oath is to be kept, according to Tully. And by the Laws of Nature, Princes and States are reſponſible for their Neglect, if they do not provide Remedies for reſtraining theſe ſort of Robberies. Though Pyrates are called common Enemies, yet they are properly not to be term’d ſo. He is only to be honour’d with that Name, ſays Cicero, who hath a Commonwealth, a Court, a Treaſury, Conſent and Concord of Citizens, and ſome Way, if Occaſion be, of Peace and League: But when they have reduced themſelves into a Government or State, as thoſe of Algier, Sally, Tripoly, Tunis, and the like, they then are allowed the Solemnities of War, and the Rights of Legation.
If Letters of Marque be granted to a Merchant, and he furniſhes out a Ship, with a Captain and Mariners, and they, inſtead of taking the Goods, or Ships of that Nation againſt whom their Commiſſion is awarded, take the Ship and Goods of a Friend, this is Pyracy; and if the Ship arrive in any Part of his Majeſty’s Dominions, it will be ſeized, and for ever loſt to the Owners; but they are no way liable to make Satiſfaction.
If a Ship is aſſaulted and taken by the Pyrates, for Redemption of which, the Maſter becomes a Slave to the Captors, by the Law Marine, the Ship and Lading are tacitly obliged for his Redemption, by a general Contribution; but ifit
