same bona fide, without fraud or collusion; any law, statute, " or other thing to the contrary notwithstanding." To prevent larcenies of cattle and horses certain regulations are made for slaughter-houses by the stat. of 26 Geo. 3. c. 71. CHAP. XX. OF PIRACY. + Sect. 1. A PIRATE is one who, to enrich himself, either 8 St. Tr. 74. by surprize or open force, sets upon merchants or others trading notis. by sea, to spoil them of their goods or treasure; and he is called Kidd's Case, hostis humani generis, and therefore every nation between whom 213. amity and peace subsist, although there is no actual alliance, may punish a subject or foreigner for this offence. 8 St. Tr. 208. + Sect. 2. PIRACY, if committed by a subject, was formerly 3 Inst. 113. held to be a species of treason, being contrary to his natural 4 Com. 71. allegiance; if by an alien, to be felony only: but since the statute of treason 25 Edw. 3. c. 2. it is held to be only felony in a subject; and to this common-law offence the legislature has also added some others. But for the better understanding this subject I shall consider, 1. Who shall be deemed pirates. 2. Before what court they shall be tried. 3. In what manner they shall be punished. 4. Of the means which may be used to prevent piracy. As to THE FIRST POINT, viz. Who shall be deemed pirates. + Sect. 3. A PIRATE, at the common law, is a person who commits any of those acts of robbery and depredation upon the high seas, which if committed on land would have amounted to felony there. Sect. 4. By 28 Hen. 8. c. 15. it is enacted, "That all trea"sons, felonies, robberies, murders, and confederacies committed "in or upon the sea, or in any other river, haven, creek, or place "where the admiral or admirals have or pretend to have power, See post. "authority or jurisdiction, shall be tried as directed by the act." Sect. 5. But by s. 4. it is provided, "That this act shall not Taking of "extend to be prejudicial or hurtful to any person or persons for things that ma "taking any victual, cables, ropes, anchors or sails, which any necessity, and be spared up "such person or persons (compelled by necessity) taketh of or paying for "in any ship which may conveniently spare the same, so the them. "same person or persons pay out of hand for the same victual, "cables, ropes, anchors or sails, money or money-worth to the "value of the thing so taken, or do deliver for the same a suffi"cient bill obligatory to be paid in form following, that is to say, "if the taking of the same things be on this side the straits of "Marroke, Subjects committing piracy on others of the king's subjects by commission from any foreign prince, shall be adjudged pirates. Subjects or denizens, committing hostilities at sea, &c. against his majesty's sub jects, or giving aid, &c. to enemies at sea, pirates. "Marroke, then to be paid within four months, and if it be beyond the said straits of Marroke, then to be paid within "twelve months next ensuing the making of such bills, and that "the makers of such bills well and truly pay the same debt at the day to be limited within the said bills.' 66 Sect. 6. It being also doubted by many eminent civilians whether, during the revolution, the persons who had captured English vessels by virtue of commissions granted by James the Second at his court at St. Germain's, after his abdication of the throne of England, could be deemed pirates, the grantor still having, as it was contended, the right of war in him; IT IS ENACTED by 11 and 12 Will. 3. c. 7. s. 8. "That if any of his majesty's natural-born subjects, or denizens of this kingdom, "shall commit any piracy or robbery, or any act of hostility, "against others his majesty's subjects upon the sea, under colour "of any commission from any foreign prince or state, or pre"tence of authority from any person whatsoever, such offender or offenders, and every of them, shall be deemed, adjudged, "and taken to be pirates, felons, and robbers; and they and every of them, being duly convicted thereof, according to this "act, or the aforesaid statute of king Henry the Eighth, 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." 66 Sect. 7. But doubts having arisen whether such offender, by adherence to the king's enemies, were not guilty of high treason, it is enacted by 18 Geo. 2. c. 30. "That all persons being natu"ral-born subjects or denizens of his majesty, who during the "present or any future wars have committed, or shall commit any hostilities upon the sea, or in any haven, river, creek, or "place, where the admiral or admirals have power, authority, or « jurisdiction, against his majesty's subjects, by virtue or under "colour of any commission from any of his majesty's enemies, may be tried as " tried as " or have been or shall be any other ways adherent, or giving aid "or comfort to his majesty's enemies upon the sea, or in any haven, river, creek, or place, where the admiral or admirals "have power, authority, or jurisdiction, may be tried as pirates, "felons, and robbers, in the said court of admiralty, on shipboard, or upon the land, in the same manner as persons guilty "of piracy, felony, and robbery, are by the said act directed to "be tried; and such persons being upon such trial convicted thereof, shall suffer such pains of death, loss of lands, goods "and chattels, as any other pirates, felons, and robbers ought, "by virtue of the said recited act of the eleventh year of king "William the Third, or any other act, to suffer." 11 W. 3. c. 7. Commander or mariner who shall betray his trust, or turn pirate, &c. 66 66 66 66 66 Sect. 8. By 11 and 12 Will. 3. c. 7. s. 9. it is 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 hands on his "shall bring any seducing messages from any pirate, enemy, or "rebel, or consult, combine, or confederate with, or attempt or person lay"or endeavour to corrupt any commander, master, officer, or ing violent "mariner to yield up or run away with any ship, goods, or mer- commander, "chandizes, or turn pirate, or go over to pirates, or if any person &c. shall be "shall lay violent hands on his commander, whereby to hinder adjudged a "him from fighting (1) in defence of his ship and goods com- suffer death. pirate, and "mitted to his trust, or that shall confine his master, or make, or "endeavour to make a revolt in the ship, 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 chat"tels, as pirates, felons, and robbers upon the seas ought to have " and suffer." 66 66 66 saries: + Sect. 9. By 11 and 12 Will. 3. c. 7. s. 10. it is enacted, "That all and every person and persons whatsoever who, after Persons setting "the twenty-ninth day of September in the year of Our Lord forth, or aiding one thousand seven hundred, shall either on the land, or upon pirate, &c. or assisting any "the seas, knowingly or wittingly set forth any pirate, or aid and shall be adassist, or maintain, procure, command, counsel or advise any judged acces"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 The like for knowing that such pirate or robber has done or committed concealing "such piracy and robbery, shall on the land, or upon the sea, pirate, &c. "receive, entertain or conceal any such pirate or robber, or "receive or take into his custody any ship, vessel, goods or chat"tels which have been by any such pirate or robber piratically "and feloniously taken, shall be and are hereby likewise de"clared, deemed and adjudged to be accessary to such piracy "and robbery." But by 8 Geo. 1. c. 24. s. 3. they shall be deemed and taken to be principal pirates, felons and robbers. + Sect. 10. By S Geo. 1. c. 24. it is enacted, "That in case any person or persons belonging to any ship or vessel whatso"ever, upon meeting any merchant ship or vessel on the high "seas, or in any port, haven, or creek whatsoever, shall forcibly "board or enter into such ship or vessel, and, though they do "not seize and carry off such ship or vessel, shall throw over"board or destroy any part of the goods or merchandizes belonging to such ship or vessel, the person or persons who shall be "guilty thereof shall in all respects be deemed and punished as "pirates." In the exposition of the statute of Hen. 8. it hath been holden, (1) Ante, p. 117. Sect. Summary, 77. 3 In. 112. Moor, 756. 3 Inst. 112. Sum. 77, 215. 3 Inst. 112. S. P. C. 114. 1 Roll, 175. Moor, 756, Case of G. C. L. 300. See 1 Show. 339. Trial of offences the sea, or with the king's com Sect. 11. FIRST, That the statute 28 Hen. 8. c. 15. does not alter the nature of the offence so as to make that which was before a felony only by the civil law, now become a felony by the common law; for the offence must still be alleged as done upon the sea, and is no way cognizable by the common law but only by virtue of this statute, which, by ordaining that in some respects it shall have the like trial and punishment as are used for felony at common law, shall not be carried so far as to make it also agree with it in other particulars which are not mentioned. Sect. 12. SECONDLY, That this offence remains as before of a special nature, and that it shall not be included in a general pardon of all felonies, which, as it was, before this statute, to be expounded of no felonies which are such only by the civil law, shall continue still to have the same construction. Sect. 13. THIRDLY, That no persons shall, in respect of this statute, be construed to be, or punished as, accessaries to piracies before or after, as they might have been if it had been made felony by the statute, whereby all those would incidentally have been made accessaries in the like cases in which they would have been accessaries to a felony at common law. Sect. 14. FOURTHLY, That the indictment for this offence must allege the fact to be done upon the sea, and must have both the words felonicè and piratice: And that no offence is punishable by virtue of this act as piracy, which would not have been felony if done on the land, and consequently that the taking of an enemy's ship by an enemy is not within the statute. Sect. 15. FIFTHLY, It is agreed, that this statute extends not to offences done in creeks or ports within the body of a county, because they are, and always were, cognizable by the common law. Sect. 16. SIXTHLY, But it hath been decided, that if A. standing on the shore of a harbour, fire a loaded musket at a revenue cutter which had struck upon a sand bank in the sea, about one hundred yards from the shore, by which firing a person is maliciously killed on board the boat, it is piracy; for the offence is committed where the death happens, and not at the place from whence the cause of the death proceeds. As to THE SECOND POINT, viz. Before what court the offence of piracy shall be tried. Sect. 17. It is agreed, that piracy was formerly only cognizacommitted upon ble by the civil law, in the courts of THE ADMIRAL; but it being in the admiral's inconsistent with the liberties of the nation that any man's life jurisdiction, by should be taken away unless by the judgment of his peers or the mission. Alter- common law of this land, it is enacted by 28 Hen. 8. c. 15. s. 1. "That all treasons, felonies, robberies, murders and confedera"cies hereafter to be committed in or upon the sea, or in any "other haven, river, creek or place where the admiral or admirals "have or pretend to have power, authority or jurisdiction, shall "be inquired, tried, heard, determined and judged, in such shires " and places in the realm, as shall be limited by the king's com"mission ed by 11 & 12 66 "mission or commissions 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 such commissions "shall be had under the king's great seal, directed to the admiral or admirals, or to his or their lieutenant, deputy and deputies, "and to three or four such other substantial persons as shall be "named or appointed by the lord chancellor of England for the "time being, from time to time, and as oft as need shall require, "to hear and determine such offences after the common course "of the laws of this realm, used for treasons, felonies, murders, "robberies and confederacies of the same, done and committed upon the land within this realm." Sect. 18. By 28 Hen. 8. c. 15. s. 2. it is further enacted, The commis"That such persons to whom such commission or commissions sioners' authority. "shall be directed, or four of them at the least, shall have full 1 Leon. 106. "power and authority to inquire of such offences, and of every 270. "of them, by the oaths of twelve good and lawful inhabitants in 3 Bulst, 28, 29. "the shire limited in their commission, in such like manner and "form as if such offences had been committed upon the land "within the same shire; and that every indictment, found and "presented before such commissioners, of any treasons, felonies, robberies, murders, manslaughters, or such other offences, being committed or done in or upon the seas, or in or upon any "other haven, river or creek, shall be good and effectual in the "law; and if any person or persons happen to be indicted for "any such offence done or hereafter to be done upon the seas, "or in any other place above limited, that then such order, "cess, judgment and execution shall be used, had, done and "made, to and against every such person and persons so being "indicted, as against traitors, felons and murderers, for treason, "felony, robbery, murder, or other such offences done upon the "land, as by the laws of this realm is accustomed; and that the "trial of such offence or offences, if it be denied by the offender or "offenders, shall be had by twelve lawful men inhabitants in the "shire limited within such commission, which shall be directed as "is aforesaid, and no challenge or challenges to be had for the "hundred." pro any place within + Sect. 19. By 28 Hen. 8. c. 15. s. 5. Provided alway, "That Commissions "whensoever any such commission for the punishment of the directed into "offences aforesaid, or of any of them, shall be directed or the Cinque Ports. "sent to any place within the jurisdiction of the five ports, that "then every such commission shall be directed unto the lord "Warden of the said ports for the time being, or to his deputy, "and unto three or four such other person or persons as the lord "chancellor for the time being shall name and appoint; any thing "in this present act to the contrary notwithstanding.' 2. c. 25. Sect. 20. By 28 Hen. 8. c. 15. s. 6. Provided alway, " That 27 H. 8. c. 4. "whensoever any commission shall be directed unto the five 1 Geo. 1. stat. ports for the inquisition and trials of any of the offences ex- 4 Geo. 1. c. 11. "pressed in this act, that every such inquisition and trial to be 8 Geo. 1. c. 24. "had by virtue of such commission, shall be made and had by 28. And see “the inhabitants in the said five ports, or the members of the 18 Geo. 2. c. 30. 66 same; for the more ef |