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the admiral or admirals have power, authority, or jurisdiction, may be tried as pirates, felons, and robbers in the said court of Admiralty, on ship-board, or upon the land, in the same manner as persons guilty of piracy, felony, and robbery, are by the said act (c) directed to be tried; and such persons being upon such trial convicted thereof, shall suffer such pains of death, (d) loss of lands, &c. as any other pirates, felons, and robbers, ought, by virtue of the statute 11 & 12 Wm. 3, c. 7, or any other act, to suffer.” (e)
The 11 & 12 Wm. 3, c. 7, s. 9, enacts, “ that if any commander Commanders, or master of any ship, or any seaman or mariner, shall, in any place seamen, &com where the admiral hath jurisdiction, betray his trust, and turn pirate, with ship or enemy, or rebel; and piratically and feloniously run away with his cargo, &c., or their ship or ships, or any barge, boat, ordnance, ammunition, voluntarily to goods or merchandize; or yield them up voluntarily to any pirate; pirates, or or shall bring any seducing message from any pirate, enemy, or confederating rebel ; or consult, combine, or confederate with, or attempt or endea- with them; vour to corrupt any commander, master, officer, or mariner, to yield corrupt the up or run away with any ship, goods or merchandizes, or turn pirates, crew, &c., and or go over to pirates; or if any person shall lay violent hands on persons put
ting force his commander, whereby to hinder him from fighting in defence of his ship, and goods committed to his trust, (f) or shall confine his commander. master, 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 direction of this act, shall suffer death (d) and loss of lands, goods, and chattels, as pirates, felons, and robbers upon the seas, ought to suffer.”
By the 8 Geo. 1, c. 24, s. 1, " in case any person or persons be- Forcibly enlonging to any ship or vessel whatsoever, upon meeting any merchant tering mer ship or vessel
on the high seas, or in any port, haven, or creek what- and destroying soever, shall forcibly board or enter into such ship or vessel; and goods, 8 Geo. though they do not seize or carry off such ship or vessel, shall throw 1, c. 24, s. 1, overboard or destroy any part of the goods or merchandizes belonging petualby 2 to such ship or vessel ; the person or persons guilty thereof, shall in Geo. 2, c. 28, all respects be deemed and punished as pirates as aforesaid.”
The 8 Geo. 1, c. 24, s. 1, enacts also, “ that if any commander or Trading with master of any ship or vessel, or any other person or persons, shall pirates, furanywise trade with any pirate by truck, barter, exchange, or in any with ammuniother manner, or shall furnish any pirate, felon, or robber upon the tion, &c., comseas, with any ammunition, provision, or stores of any kind; or shall bining or corfit out any ship or vessel knowingly, and with a design to trade with, with them, or supply, or correspond with any pirate, fclon, or robber upon the &c., 8 Geo. 1, seas; or if any person or persons shall any ways consult, combine, c. 24, s. I. confederate, or correspond with any pirate, felon, or robber on the seas, knowing him to be guilty of any such piracy, felony, or robbery, every such offender and offenders shall be deemed and ad(c) 11 & 12 W.3, c. 7.
treason within this realm, according to the (d) Repealed by 1 Vict. c. 88, s. 1. See the stat. 28 Hen. 8, c. 15. 3. 2, &c. post, 96.
(f ) This last provision is similar to one (e) Sec. 2 contains a proviso that any in the 22 & 23 Car. 2, c. 11, s. 9, which is person tried and acquitted, or convicted repealed by 9 G. 4, c. 31, s. 1, as relates to according to the act, shall not be liable to any mariner laying violent hands on his be indicted, &c., again in Great Britain or commander. This statute of Car. 2 conelsewhere, for the same crime or fact as tains also some provisions as to yielding bigh treason. But by s. 3 the act is not to without fighting, and as to mariners declinprevent any offender, who shall not be tried ing or refusing to fight and defend the ship according thereto, from being tried for high when commanded by the master.
judged guilty of piracy, felony, and robbery.” The act further provides, that every offender convicted of any piracy, felony, or robbery, by virtue of the act shall not be admitted to have the
benefit of clergy. (9) Dealing in By a late statute 5 Geo. 4, c. 113, dealing in slaves upon the high slaves on the high seas, 5
seas, or in any haven, &c. where the admiral has jurisdiction, exGeo. 4, c. 113. cept as by that act is permitted, is made piracy, felony, and robbery,
and the offenders made punishable as pirates, felons, and robbers upon the seas. (h)
By the 1 Vict. c. 88, (which came into operation on the 1st October, 1837,) (i) so much of the 28 H. 8, c. 15, 11 & 12 Wm. 3, c. 7, 4 Geo. 1, c. 11, s. 7, 8 Geo. 1, c. 24 and 18 Geo. 2, c. 30, relates to the punishment of the crime of piracy, or of any offence by any of the said acts declared to be piracy, or of accessories
thereto respectively,” is repealed. Punishment of Sec. 2 enacts,
6. That from and after the commencement of this piracy when
act whosoever, with intent to commit, or at the time of or immemurder is at tempted.
diately before, or immediately after committing, the crime of piracy in respect of any ship or vessel, shall assault, with intent to murder, any person being on board of or belonging to such ship or vessel, or shall stab, cut, or wound any such person, or unlawfully do any act by which the life of such person may be endangered, shall be guilty
of felony, and being convicted thereof shall suffer death as a felon." Persons guilty
Sec. 3. “ That from and after the commencement of this act of piracy to be whosoever shall be convicted of any offence which by any of the transported.
acts hereinbefore referred to amounts to the crime of piracy, and is thereby made punishable with death, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than
fifteen years, or to be imprisoned for any term not exceeding three Punishment of Sec. 4. “ That in the case of every felony punishable under this
act, every principal in the second degree and every accessory before the fact shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessory after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years." (j)
Sec. 5. “ That where any person shall be convicted of any offence imprisonment . punishable under this act for
which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall
(9) Sec. 4 (but see now 1 Vict. c. 88, post, as to the punishment), and by sec. 2 every vessel fitted out to trade, &c., with pirates, and also the goods shall be forfeited, half to the crown and half to the informer. Offenders against this act are to be tried according to the 28 Hen. 8, c. 15, and 11 & 12 W.3, c. 7. In the last edition, the 32 G. 3, c. 25, s. 12, was here inserted, but as that act was only to continue in force during the then war with France, it seems to have expired. See 2 East, P. C. c. 17, s. 7, p. 801 n. (a) and Crabb's Index to the
statutes, C. S. G. The 22 Geo. 3, c. 25, prohibits ransoming any ship belonging to any subject of his Majesty, or goods on board the same, which shall be captured by the subjects of any state at war with his Majesty, or by any persons committing hostilities against his Majesty's subjects.
(h) See post, Chap. xviii. Of dealing ir slaves.
(i) By sec. 7.
(j) Sec. 6 provides that this act shall not alter the provisions of the 5 & 6 W. 4, c. 98, and 4 G. 4, c. 64.
be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet.”(k)
Prior to these statutes (except the statute of Hen. 8,) several mari- Cases of ners on board a ship lying near the Groyne seized the captain, he not piracy. agreeing with them; and, 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; and they were executed. (). But in a subsequent case where the master of a vessel loaded goods on board at Rotterdam, consigned to Malaga, which he caused to be insured, and after he had run the goods on shore in England the ship was burned, when he protested both the ship and cargo as burned, with intent to defraud the owner and insurers; the judges of the common law, who assisted the judges of *he Admiralty, directed an acquittal upon an indictment for piracy and stealing the goods; because, being only a breach of trust and no felony, it could not be piracy to convert the goods in a fraudulent manner until the special trust was determined. (m)
It has been decided to be an offence within the 11 & 12 Wm. 3, Case upon c. 7, s. 9, to make a revolt in a ship, or to endeavour to make one, 3, c. 7, s. 9. though the object was not to run away with the ship, or to commit Making a any act of piracy, but to force the captain to redress supposed revolt in a grievances. The prisoners were charged by the first count of the ship.
(k) This statute having repealed the the first day of that session of Parliament ; punishment of piracy at common law, which and by sec. 12, “all offences prosecuted in the was before punishable by the 28 Hen. 8, c. High Court of Admiralty shall, upon every 15, s. 3, with death without benefit of first and subsequent conviction, be subject to clergy, a difficulty arises as to what is now the same punishments, whether of death or the punishment for that offence. The 39 otherwise, as if such offences had been com. G. 3, c. 37, s. 1, provides, “ That all and mitted upon land." See also the 9 G. 4,c.31, every offence and offences, which, after the s. 32, post, p. 104. By the 4 & 5 W. 4, c. passing of this act, shall be committed upon 36 (post, p. 104.) piracy. may now be tried the high seas ont of the body of any county at the Central Criminal Court. By some of this realm sball be, and they are hereby writers piracy at common law is defined to declared to be offences of the same nature be the committing those acts of robbery and respectively, and to be liable to the same depredation on sea, which, if committed on punishments respectively, as if they had land, would have amounted to felony. I been committed upon the shore, and shall Hawk. c. 37, s. 4. 4 Bl. Com. 72. 2 East, be inquired of, heard, tried, and determined, P. C. c. 17, s. 3, p. 796. Mason's case, post, and adjudged in the same manner as trea- note (m). By others it seems be sons, murders, and conspiracies are directed considered the same offence as robbery on to be by the same act.” (28 Hen. 8, c. 15, land. Archb. Vict. Acts, 72. 2 Hale, 369. post, p. 100.) It should seem, therefore, | Hale, 354. 3 Inst. 113, where Lord that this act, by making all offences com- Coke calls a pirate “ a robber upon the mitted on sea of the same nature as if
On the whole it seems that each act they were committed on shore, has made of piracy at common law is now a felony of piracy at common law a felony, which it the same kind, and liable to the same was not at common law, or by the 28 Hen. punishment, as if the same act had been 8, c. 15 (see ante, p. 94). By the I G. 4, done upon land, and the offender is triable c. 90, any person found guilty of any capi- either under a commission founded on the tal crime or offence committed upon the 28 Hen. 8, c 15, or at the Central Criminal sea, which if committed upon the land Court. C. S. G. would be clergyable, is entitled to the (1) Rex v. May, Bishop, and others. benefit of clergy, in like manner as if he had Nov. 1696, MS. Tracy, 77. 2 East, P. C. committed such offence upon land. By the c. 17, s. 3, p. 796. 7 & 8 G. 4, c. 28, s. 6, clergy was abo- (m) Masou's case, Old Bailey 9 Geo. 1, lished; and by sec. 7 no person convicted on a special commission, 8 Mod. 74. 2 of felony was to suffer death unless for some East, P. C. c. 17, s. 3, p. 796, S. C. felony excluded from clergy, on or before VOL. I.
indictment with betraying their trust and turning pirates, and with confederating piratically and feloniously to steal and run away with the ship; by the second, with piratically and feloniously attempting to corrupt other persons of the crew so to steal and run away with the ship; by the third, with piratically and feloniously inciting a revolt in the ship, the master being on board; and, by the fourth, with endeavouring to make such revolt. It appeared clearly that there was a revolt in the ship, and that the prisoners participated, refusing to obey orders,
and being guilty of many acts of insubordination and violence. The counsel for the prisoners endeavoured to shew, that the prisoners and their adherents had in view a redress of supposed grievances, and not the intention of assuming the command for the purpose of carrying off the ship: and though there was some evidence that the prisoners had an ulterior object than that of redressing ill-usage, of which it appeared they had complained, yet their acquittal upon the two first counts led to the conclusion that the jury did not impute to them any other real intention than that of redressing their supposed grievances. The point submitted to the judges, was, that in order to satisfy the intent of the statute, and the words of the indictment, “piratically and feloniously revolted,” the object of the revolt must have been to take possession of or to run away with the ship, or to enable the prisoners to commit some act of piracy, and not merely to resist the captain's authority in order to force him to redress alleged grievances. But the judges present were unanimously of opinion, that making or endeavouring to make a revolt, with a view to procure a redress of what the prisoners thought grievances, and without any intent to run away with the ship, or to commit any act of piracy, was an offence within 11 & 12 Wm. 3, c. 7, s. 9, and that the conviction was therefore right. (n)
Upon an indictment on the 18 Geo. 2, c. 30, a question was made whether adhering to the King's enemies in hostilely cruising in their ships could be tried as piracy under the usual commission granted by virtue of the 28 Hen. 8, c. 15. The 18 Geo. 2, recites that doubts had arisen whether subjects entering into the service of the King's enemies, on board privateers and other ships, having commissions from France and Spain, and having by such adherence been guilty of high treason, could be deemed guilty of felony within the intent of the 11 & 12 Wm. 3, c. 7, and be triable by the Court of Admiralty appointed by virtue of the said act; and then enacts that persons who shall commit hostilities upon the sea, &c., against his Majesty's subjects by virtue or under colour of any commission from any of his Majesty's enemies, or shall be any otherwise adherent to his Majesty's enemies upon the sea, &c., may be tried as pirates, felons, or robbers, in the said Court of Admiralty in the same manner as persons guilty of piracy, felony, and robbery, are by the said act directed to be tried: but it does not say that they shall be deemed pirates, 8c., as in the 11 & 12 Wm. 3, c. 7. The prisoner having been convicted, the question was reserved for consideration of the judges; and it was agreed by eight who were present, (o) that
(n) Rex v. Hastings and Meharg, East, Skynner, Gould, J., Willes, J., Ashurst, T. 1825. Ry. & Mood. 82.
J., Eyrc, B., Perryn, B., and Heath, J., (0) Lord Loughborough, Lord C. B. who met Nov, 11, 1782.
the prisoner had been well tried under the commission. For that taking the 11 & 12 Wm. 3, and 18 Geo. 2 together, and the doubt raised in the latter, and also its enactment that in the instances therein mentioned, and also in case of any other adhering to the King's enemies, the parties might be tried as pirates by the Court of Admiralty according to that statute, it was substantially declaring that they should be deemed pirates ; and that it was a just construction in their favour to allow them to be tried as such by a jury. (p)
The 48 Geo. 3, c. 130, s. 7, 10, 49 Geo. 3, c. 122, s. 1, and s. 13, Receiving, &c., 16, and 1 & 2 Geo. 4, c. 75, (q) relate to the unlawfully keeping chors
, &c. posession of anchors and other materials belonging to ships, and the receiving of such stolen articles, &c.
Accessories to piracy were triable only by the civil law if their of accessories offence was committed on the sea, and were not triable at all if their 11 & 12 Wm.
3, c. 7. offence was committed on land, until the statute 11 & 12 Wm. 3, c. 7, s. 10, which enacts, “ that every person and persons whatsoever, who 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 advise, 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 accessory 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 accessory to such piracy and robbery.” And then the statute directs, “that all such accessories to such piracies and robberies shall be inquired of, tried, heard, determined, and adjudged, after the common course of the laws of this land, according to the statute 28 Hen. 8, 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, (r) losses of lands, goods, and chattels, and in like manner, as such principals ought to suffer, according to the statute 28 Hen. 8, which is thereby declared to continue in full force." The 8 Geo. 1, c. 24, however, makes an alteration with respect But accessories
arc declared to to the accessories described in 11 & 12 Wm. 3, and declares them
be principals, to be principals, and that they shall be tried accordingly. The third and are to be section reciting that “whereas there are some defects in the laws for tried accord
ingly by 8
Geo. 1, c. 24 (p) Evans's case, MS. Gould, J., 1 East, this realm according to the stat. 28 Hen. 8, P. C. c. 17, s. 5, p. 798, 799. The third section of the 18 Geo. 2, c. 30, provides (9) Post, Book IV. Chap. xxiii. that the act shall not prevent any offender () See 1 Vict. c. 88, s. 4, as to the puwho shall not be tried according thereto nishment of accessories, ante, p. 96. from being tried for high treason within