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having put him on shore, carried away the ship, and afterwards committed several piracies, this force upon the captain, and the carrying away the ship, which was explained by the use of it afterwards, was adjudged piracy: R. v. May and others, 2 E. P. Č. 796; 2 Russ. 103. Where, however, the offence is not committed super altum mare, but in a harbour or creek, infru corpus comitatus, and therefore not triable by the admiral, the offence is not piracy, but will come under the description of some crime at common
4 Geo. 1, c. 11.
law, and the indictment must be framed accordingly: Hide's case, Molloy, 71. On the contrary, if a robbery be committed in creeks, &c. in foreign countries, the Court of Admiralty has indisputable juris. diction of it, and the offence is consequently piracy: R. v. Jemott, Archb. 152. On the subject of piracy, see 2 H. P. C. 16, et seq. Molloy de jur. mar. chap. 4; R. v. Bruce, 2 Leach, 1093; R. v. Depardo, 1 Tamt. 29; R. v. Codling, 28 How, St. Tri. 177; R. v. Hastings, R. & M. 82; and post, p. 501.
act 11 & 12
VII. And it is hereby declared, that all and every per- Offenders son and persons who have committed or shall commit any against the offence or offences, for which they ought to be adjudged, W.3, c.7, deemed, and taken to be pirates, felons, or robbers, by (the may be 11 & 12 W. 3, c. 7, see post) may be tried and judged tried as difor every such offence, in such manner and form as in and rected by 28 Hen. 8, by an act made in the twenty-eighth year of the reign of King Henry the Eighth is directed and appointed for the trial of pirates, and shall and ought to be utterly debarred and excluded from the benefit of clergy for the said offences; any law or statute to the contrary thereof in any wise notwithstanding.
IX. [Public Act.]
39 Geo. 3, c. 37.
I. Whereas, by an act passed in the twenty-eighth year of King Henry the Eighth, it is enacted, that treasons, felonies, robberies, murthers, and confederacies, committed on the high seas, shall be inquired of, tried, and determined, in such shires and places in the realm, as shall be limited by the king's commission to be directed for the same, in like form and condition as if any such offence or offences had been committed or done in or upon the land; and whereas it is expedient to declare, that other offences committed on the seas may be inquired of, tried, and determined in like manner : be it enacted, &c., that all and All offences every offence and offences, which, after the passing of this whatever act, shall be committed upon the high seas, out of the body on the high of any county of this realm, shall be, and they are hereby seas shall declared to be offences, of the same nature respectively, and be liable to to be liable to the same punishments respectively, as if they punishments had been committed upon the shore; and shall be inquired as if com
of, heard, tried, and determined, and adjudged, in the shall be tried same manner as treasons, felonies, murthers, and confedeand adjudg- racies, are directed to be by the same act.
ed in the
same manII. And be it further enacted, that when any person or ner as fepersons shall be tried for the crime of murther or manlonies, &c. are directed slaughter committed upon the sea, by virtue of any comby the recit. mission directed under the said act, and shall be found guilty of manslaughter only, such person or persons shall be entitled to receive the benefit of clergy in like manner, and shall be subject to the same punishment, as if he or they had committed such manslaughter in or upon the land.
tried for murder or manslaughter, and found guilty
slaughter only, en.
titled to the
benefit of clergy, &c.
Persons tried for murder or manslaughter commit
ted at sea, shall receive the
1 Geo. 4, c. 90,
I. [Recites 28 H. 8, c. 15, and 39 Geo. 3, c. 37, and another act since repealed, and proceeds:]-and whereas doubts have arisen whether persons tried by virtue of any commission directed under the said act of the twenty-eighth year of the reign of King Henry the Eighth, for any other crime or offence than those of murther or manslaughter, and found guilty of manslaughter, are entitled to receive the benefit of clergy, although, if such other crimes or offences had been committed in or upon the land, the person or persons committing the same would have been entitled to receive the benefit of clergy in respect of some of such crimes and offences; be it therefore
enacted, &c., that from and after the passing of this act, when any person or persons shall be tried for any capital crime or offence committed upon the sea, out of the body of any county of this realm, and within the jurisdiction of the admiralty, by virtue of any commission directed under the said act of the twenty-eighth year of the reign of King Henry the Eighth, and shall be found guilty of any crime clergy, as if or offence which, if committed in or upon the land, would be clergyable, such person or persons shall be entitled to receive the benefit of clergy, in respect of such crime or offence, in like manner, and shall be subject to the same punishment for such clergyable crime or offence, as if he, she, or they had committed such clergyable crime or offence in or upon the land.
Note. The words omitted in the first section, and the whole of the second section, have been repealed by the 9th Geo. 4, c. 31, and the provisions in the repealed section of
this statute are, in effect, re-enacted in the 32nd section of the repealing statute: see ante, tit. "Assaults." As to larcenies committed at sea, see 7 & 8 Geo. 4, c. 30, s. 43.
7 Geo. 4, c. 38.
I. Whereas it is expedient that the commissioners named in the commission of oyer and terminer, for the trying of
offences committed within the jurisdiction of the admiralty of England, and also the commissioners named in commissions made under an act passed in the forty-sixth year of the reign of King George the Third, for the more speedy trial of offences in distant parts beyond the sea; and also the justices of the peace in the united kingdom should have the power, severally as well as jointly, of taking examinations upon oath, touching offences within the jurisdiction of the admiralty of England, and of committing to safe custody persons charged upon oath with such offences be it Commistherefore enacted, &c. that it shall and may be lawful to sioners for and for any one or more of the commissioners for the time trying of being, named or to be named in the commission of oyer and fences at terminer, for the trying of offences committed within the sea, or justices, may jurisdiction of the admiralty of England, and also to and for take examiany one or more of the commissioners for the time being, nations named or to be named in any commission made or granted touching of under or by virtue of the said act of the forty-sixth year of mitted withKing George the Third, and also to and for any one or in the jurismore of his majesty's justices of the peace for the time being diction of for any county, riding, division, or place, in the united the admiralty, and kingdom, and they are hereby respectively authorized, em- commit the powered, and required. from time to time, to take any informa- persons tion or informations of any witness or witnesses upon oath, charged. which oath they and each of them are hereby respectively authorized to administer, touching any treason, piracy, felony, robbery, murder, conspiracy, or other offence, of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place, where the admiral or admirals hath or have power, authority, or jurisdiction; and thereupon (if such commissioner or commissioners, justice or justices of the peace, shall see cause), by any warrant or warrants under his or their hand and seal, or hands and seals, to cause the person or persons charged in such information or informations to be apprehended and committed to safe custody, to remain in such custody until discharged in due course of law, or until bailed, in cases in which bail may by law be taken.
3. OFFENCES MADE PIRACIES BY STATUTE.
11 & 12 Will. 3, c. 7.
(Made perpetual by 6 Geo. 1, c. 19.)
VIII. Be it enacted, &c. that if any of his majesty's na- King's subtural-born subjects or denizens of this kingdom shall com- jects, &c. mit any piracy or robbery, or any act of hostility, against committing piracy on others his majesty's subjects upon the sea, under colour of others of the any commission from any foreign prince or state, or pre- king's subtence of authority from any person whatsoever, such of- jects by fender and offenders, and every of them, shall be deemed, from any adjudged, and taken to be pirates, felons, and robbers; and foreign
be adjudg- they and every of them, being duly convicted thereof, aced pirates, cording to this act, or the aforesaid statute of King Henry suffer death. the Eighth, [28 Hen. 8, c. 15,] shall have and suffer such pains of death, loss of lands, goods, and chattels, as pirates, felons, and robbers, upon the seas, ought to have and suffer.
IX. And be it further enacted, that if any commander or master of any ship, or any seaman or mariner, shall, in any place where the admiral hath jurisdiction, betray his trust, and turn pirate, enemy, or rebel, and piratically and feloniously run away with his or their ship or ships, or any barge, boat, ordnance, ammunition, goods, or merchandizes, or yield them up voluntarily to any pirate, or shall bring any seducing messages from any pirate, enemy, or rebel, or consult, combine, or confederate with, or attempt or endeavour to corrupt, any commander, master, officer, or mariner, to yield up or run away with any ship, goods, or merchandizes, or turn pirate, or go over to pirates,
or make or endeavour to make a revolt in the ship,[he]shall be adjudged, deemed, and taken to be a pirate, felon, and robber, and, being convicted thereof according to the directions of this act, shall have and suffer pains of death, loss of lands, goods, and chattels, as pirates, felons, and robbers, upon the seas, ought to have and suffer.
X. And whereas several evil-disposed persons, in the plantations and elsewhere, have contributed very much towards the increase and encouragement of pirates, by setting them forth, and by aiding, abetting, receiving, and concealing them and their goods, and there being some defects in the laws for bringing such evil-disposed persons to condign punishment: be it enacted by the authority aforesaid, that all and every person and persons whatsoever, who, after the twenty-ninth day of September, in the year of our lord 1700, shall, either on the land or upon the seas, knowingly · or wittingly set forth any pirate, or aid and assist, or maintain, procure, command, counsel, or devise any person or persons whatsoever, to do or commit any piracies or robberies upon the seas, and such person and persons shall thereupon do or commit any such piracy or robbery, then all and every such person or persons whatsoever, so as aforesaid setting forth any pirate, or aiding, assisting, maintaining, procuring, commanding, counselling, or advising the same, either on the land or upon the sea, shall be and are hereby declared, and shall be deemed and adjudged to be, accessary to such piracy and robbery done and committed; and further, that after any piracy or robbery is or shall be committed by any pirate or robber whatsoever, every person and persons, who, knowing that such pirate or robber has done or committed such piracy and robbery, shall, on the land or upon the sea, receive, entertain, or conceal any such pirate or robber, or receive or take into
his custody, any ship, vessel, goods, or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be, and are hereby likewise declared, deemed, and adjudged to be, accessary to such piracy and robbery; and that, after the said twenty-ninth day of September, all such accessories to such piracies and How accesrobberies shall and may be inquired of, tried, heard, de- sories shall termined, and adjudged, after the common course of the laws of this land, according to the said statute made in the twenty-eighth year of King Henry the Eighth, as the principals of such piracies and robberies may and ought to be, and no otherwise; and, being thereupon attainted, shall suffer such pains of death, losses of lands, goods, and chattels, and in like manner, as the principals of such piracies, robberies, and felonies, ought to suffer, according to the said statute of King Henry the Eighth, which is hereby declared to be and continue in full force, any thing in this present act contained to the contrary notwithstanding.
XII. And for the better and more effectual prevention of combinations and confederacies for the running away with or destroying of any ship, goods, or merchandize: be it further enacted by the authority aforesaid, that a reward Reward to of ten pounds for every ship or vessel of one hundred tons or under, and fifteen pounds for every ship or vessel of a bination for greater burthen, shall be paid by the captain, commander, running or master of every ship or vessel, wherein any such combi- away with ship, &c., nation or confederacy shall be set on foot for the running away with or destroying any such ship, or the goods and merchandizes therein laden, to such person as shall first make a discovery thereof, upon due proof of such combination or confederacy; the same to be paid at the port where the and how to wages of the seamen of the said ship are or ought to be be paid. paid, after such discovery and proof made.
XVI. [How commissions to the cinque ports shall be directed. See ante, 28 Hen. 8, c. 15, 35.]
XVII. And for the prevention of seamen deserting of merchant ships abroad, in parts beyond the seas, which is the chief occasion of their turning pirates, and of great detriment to trade and navigation in general: be it enacted by the authority aforesaid, that all such seamen, officers, Seamen deor sailors, who shall desert the ships or vessels wherein serting mer chant ships they are hired to serve for that voyage, shall for such of- to lose their fence forfeit all such wages as shall be then due to him or wages. them.
Note. It has been decided that making, or endeavouring to make, a revolt, with a view to procure a redress of grievances, and without any intent to run away with the
ship, or to commit any act of piracy, is an offence within the 9th section of this statute: R. v. Hastings, R. & M. 82.