eady been mentioned.
While Kidd lay in Newgate awaiting trial, an Act was passed for the more
effectual suppression of piracy. Experience had shown that it was useless
to issue proclamations against individuals, but that some new machinery
must be created to deal with the gigantic evil that threatened to become
chronic. Under a former Act, passed in the reign of Henry VIII., the Lord
High Admiral, or his Lieutenant, or his Commissary, had been empowered to
try pirates; but the procedure had long fallen into abeyance. It had been
found almost impossible to bring offenders in distant seas to justice, to
say nothing of the cost and trouble of bringing them to England for trial.
Now it was enacted that courts of seven persons might be formed for the
trial of pirates at any place at sea or upon land, in any of his Majesty's
islands, plantations, colonies, dominions, forts, or factories. It was
necessary that at least one of the seven should be the chief of an English
factory, the governor or a member of council in a plantation or colony, or
the commander of a King's ship. These courts had powers of capital
punishment, and also had power to treat all persons who gave assistance or
countenance to pirates as accessories, and liable to the same punishments
as pirates. The Act was to be in force for seven years only. In 1706 it
was renewed for seven years, and in 1714 again for five years.
The amnesty granted to some pirates, the hanging of others,[5] and the new
Act of Parliament, caused a great abatement of the evil. The Madagascar
settlements still flourished, but for a time European trade was free from
attack. Littleton's squadron had gone home, and was replaced by two royal
ships, the _Severn_ and the _Scarborough_, which effected nothing against
the pirates, but served by their presence to keep them quiet.
The _Severn_ and _Scarborough_ sailed from England in May, 1703, under
Commodore Richards, who died at Johanna in the following March. The
command was then taken by Captain Harland, who visited Madagascar and
Mauritius, where two men were arrested, who afterwards made their escape
at Mohilla. The two ships returned to England in October, 1705.
Hamilton tells us how a
"Scots ship commanded by one Millar did the public more service in
destroying them, than all the chargeable squadrons that have been sent
in quest of them; for, with a cargo of strong ale and brandy, which he
carried to sell them, in a
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