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Case of Piracy,
Trin. 8 Jacobi Regis.
In this Term the King referred the Consideration of Letters Patents of the Lord Admiral of England, to the two Chief Justices, and the Chief Baron: whether by the said Letters Patents the Goods which Pirates should take from Others by Robbery and Piracy, did pass to the Lord Admiral or no. And upon Consideration thereof, it appeared to us, That he had Bona et Catalla Piratorum, and also Bono et Catalla depraedata; Goods robb••d from others, which did not pass for two Causes.
1. If the King Grant Bona et Catalla Felonum, the Pa∣tentee shall have the Goods and Chattels of the Felon himself, but not the Goods and Chattels which the Fe∣lon stealeth from others.
2. The Goods taken from Others, the King cannot Grant; for it appears by the Statute, 27 Ed. 3. cap. 8. St. 2. That the Merchant &c. so robbed shall be recei∣ved to prove that the Goods and Chattels belong to him by his Cock••••, or other lawful Proof, &c. the said Goods shall be delivered without any Suit at Common Law. But it was Resolved, That till such proof be made, the King may seize the Goods; for Goods, of which the pro∣perty is unknown, the King may seize: And if they are bona peritura, the King may sell them, and upon proof, &c. restore the value. And the Owner is not limited to any time by the Statute 31 H. 6. cap. 4. 2 R. 2. cap. 2. 13 Ed. 4. 9, 10. a good resolution of the Justices, and the Register 179. F. N. B. 114. when a Subject of the King spoiled beyond Sea shall have a Writ, &c. for to take Goods within England, &c.