by their construction of this Act the principall must bee first convict & judged before there can bee any accessarys, & that this is their true intent & meaning appears upon my complaining agt a great number of men that have been confederates wth these pyrats, all the answer I can have is, that they doe not know them to bee pyrats' till they are convict & judged such: Soe that all that soe very necessary a clause is by their act made ineffectuall. 3 by the Jamaica Act all com'ission officers are impowred upon notice of any privateers or pyrats that are in any place to raise & levy such a number of well armed men, as they shall think needfull for the apprehending &c but the Act of this Governm' impowers the Justices Sheriffs & Constables to call to their Assistance such a number of men as they shall thinck needfull &c but not one word of armed men or arms, if the Quaker Justices Sheriffs & Constables wth those of their friends whom they shall call to their Assistance can preach the pyrats into a submission to the Kings Authority, itt is well, if not they may goe about their business; As for Com'ission Officers they did very well to leave them out of their Act, since there is neither Militia nor one Com'ission Officer in the Governm. 4' by the Jamaica Act in case the pyrats &c shall make resistance or refuse to yield obedience to his Majestys Authority itt shall be lawful to kill & destroy such p'rson and persons & all p'rsons that shall resist by fyring upon any of the com'anded party shall be adjudged as felons without benefit of Clergy, but all & every part of this soe necessary a clause is altogether left out of this Act made here. 5 the Jamaica Act provides that in case any p'rson shall refuse to appeare att such place as shall bee appointed with his arms well fixed & amunition, & being there shall refuse to obey his Commission Officer such person shall bee lyable to such fines or corporall punishment as by a Regimentall Court Marshall shall

bee thought fitt, but by the Act of this Governm1 there is noe care taken for their appearing with armes or amunition, & in case they refuse to appeare att all, they are only fined 51d wch they very well know will never bee recovered of any for that cause in their Courts. 61 They have by their act taken care to impower the persons that they doe associate wh the Judge of the Admiralty; but have made no provision to impower him; Soe that if hee hath noe power to try pyracy without their act, that gives him none & my Com'ission from L'ds of the Admiralty gives mee no such power: but may it please your Ld'pps that weh most sticks wth mee is, how I can wth safety according to Law conscience or reason sitt & judge the lives of the King's subjects when all the Judges in the Com'ission & on the bench besides myselfe are men that will not take the Oaths of Allegiance &c to his Majty or take the Oath of a Judge to give judgment indifferently betwixt the King & his subjects, or how can I give judgment for takeing the life of a Subject on the verdict of a jury not sworne, or on the Evidence of witnesses not sworne & this is what hath been practiced here. I am sure noe man liveing is more zealous to serve his Majesty in all things wthin my power, but I hope yo' Ld'pps will excuse mee if I joyne not wth them in this arbitrary illegal & arbitrary way of judging mens lives. I hope yo' Ld'ps will give some speedy orders & directions in this matter either by sending a Com'ission under the great Seale or by ordring the pyrats to bee sent for England (wth in my opinion will bee much the better & easier way) for those 2 Pyrats that are in the Goale of this Governm must bee tryed by this defective law or not at all & by judges & jurys not qualifyed for the other 6 that are in the Goale of the West Jerseys they cannot bee tryed there, being noe Act of that nature past there as yett. I will trouble yo! Ld'ps noe further wha Com'ent on that false deceiptfull Act, wch serves

their turne well enough to make a noyse & if possible to abuse his Majesty, they have now sent itt home in great tryumph to Mr Penn, who knows how to make use of itt to serve his ends; the generallity of the people here that are not of the Government exclaimed agt them, to see them pass an Act but 3 weekes agoe & now that there is soe good an occasion offered to putt itt in execution that they will take noe notice of itt, but act quite contrary to itt. I am confident yo' Ld'pps will never find them act here in anything relating to the Kings interest but after this false deceit full rate I am sure it will be impossible for them to impose on yo' Ld'pps wisdom, whatever they may fancy, and wee are not out of hopes, since that the wisedom of the Parliament hath not thought fitt to qualifye or permitt Quakers to give Evidence in any criminall cause, or come on any jurys, or beare any office on place of profitt in ye Government they will in their due time extend their Charity & consider the Unhappy circumstances of this place, & make the like provisions for Us Especially if recomended to them by yo' Lordships

I am Yo! Lordships

Most Obedient and most humble

Serv

ROBT QUARY

Since my writting this Capt" Kidd is come into this Bay hee hath beene here aboute ten dayes hee sends his boats ashore to the Hore Kills in this Governm where he is supplyed with what hee wants & the People frequently goe on board him hee is in a Sloope with about 40 men with a vast treasure I hope the express wch I sent to his Exclly Governo' Nicholson will be time enough to send aboute the man of Warr to come up with Kidd, the messenger I sent to the Govern of Maryland came very seasonable. hee hath secured some

of the Pyrats and is in search of the rest. Cap Shelley that brought all these Pyrats from Madegascar after hee had Landed and Secured all the Goods & mon'y, run the Shipe ashore neere New Yorke and then the merchants conserned went to the Governor and Informed against theire Shipe. the Pyrats that I brought to this Governm have the Liberty to confine themselves to a taverne wch is what I expected, the six other Pyrats that are in the Governm of West Jersey are at Liberty, for the Quakers there will not suffer the Governo to send them to Goale. Thus his Maj may expect to be obeyed in all Places where the Govern is in Quakers hands I hope yo' Lordship will send some Speedy orders in this & other consernes wch I have at Large represented to yo' Lordship.

Abstract of ye Pennsylvania Act against Pirates &c. All Piracies &c. committed upon y Sea within ye. Adm''s Jurisdiction, shall be tryed in ye Province as if they had been committed on Land.

Three Com's shall be authorized by ye Gov' & Council to Assist ye Judge of ye Adm' appointed in Engla for whose absence ye Gov' & Council shall appoint one from time to time. which shall have ye same power as is allowed to any in Engl" by ye 28th of H. yo 8.

The Offenders shall be liable to such process &c. as if they were proceeded agst in Engla

All who shall abet & correspond &c with such as shall be judged Pirates within ye Construction of this Act & not readily endeavour to apprehend them &c. shall be esteemed Accessories &c. and suffer as in such case is provided.

All Justices, Sherrifs &c upon notice of any pirates being within their Precincts, shall take such a number of men as they think needfull for yo seizing & committing them.

Who ever refuses Assistance shall forfeit 5th Every officer neglecting his duty shall forfeit 201 for every offence.

From Governor Basse to Secretary Popple, about Pirates and Illegal Traders.

[From P. R. O. B. T.; Proprieties. C 29, Vol. 3.]

L're from Mr Basse Govt of ye Jerseys abt Pirates and Illegal Traders.

Sr

Burlington Ye 9th June 1699 I Rece'd yours dated some time in August last but not beinge with my papers Remember not the perticular date. I am sorry I have received no directions from your honorable board about the two pirates by me secured in East Jersie, but afterwards bayled by his Excellencie the Earl of Bellomont whose confessions with the inventory of their estates were boath transmitted you by severall Conveyances many months since they boath belonged to Auery & one of them I find to be principaly concerned in some of the horidest vilanies that those pirates ware Guilty of.

I am now to acquaint you that on the 29th of May last Capt Shelly in a Ship called the Nassau that aboutt some months since went out from New Yorke for the Island of S Laurance arived at Cape May in this Government & that eveninge put on board of one Gravenrate [?] a Sloope belongeinge to New Yorke eight pirates that haveinge committed severall hostilitys in the Indias and made their Voyage returned in him. he also lande [landed?] at Cape May fourteene Men passengers from the aforesaide Island eight of Which with their effects escaped away before I obtained any notis of their arivall which was not until the 1st Instant & then haveinge an acc. of their endeavors to escape by a Letter from Col Quary Judge of the Admiralty I Immediately manned out a Sloope & in person went