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and two or three British merchant ships, all of which he carried to the Texel, and sold the merchant vessels and their cargoes, himself appearing publicly on the Exchange of Amsterdam, where he was caressed by the merchants, and the magistrates supplied Jones with provisions, ammunition, &c. for refitting and putting to sea, notwithstanding the repeated remonstrances of Sir Joseph Yorke, the British Minister at the Hague, who demanded restitution of the King's ships, and the seizure of Paul Jones the pirate.”
If any commander, or other officer, or seaman of a merchant ship, that carries guns 8 Geo. 1. and arms, shall not fight and endeavour to defend themselves when attacked by a pirate, c. 24. 5 or shall utter any words to discourage the other mariners from defending the ship, by which means she is taken by the pirate, in such case, the said commander, &c. shall forfeit all the wages due to him or them, to the owner of the ship, and suffer six months imprisonment.
No master, or owner of any merchant ship, shall pay to any seaman beyond the seas, Bect, T., any money or effects on account of wages, exceeding one moiety of the wages due at the time of such payment, till such ship shall return to Great Britain, Ireland, or the plantations, or to some other of his Majesty's dominions whereto they belong, on forfeiture of double the money so paid, &c. This act shall extend to all his Majesty's dominions in Asia, Africa, or America, & Geo. t.
. 10, and shall be a public act, and shall continue seven years, &c. made perpetual 2 Geo. 2.C. Ik cap. 28. The act 11 and 12 Will. 3. ch.7. does not alter the offence, or make the offence felony, Coke,
Inst, Tit. but leaves it as it was before this act, viz. felony only by the civil law, but giveth a Adm mean of trial by the common law, and inflicteth pains of death, as if they had been at- Hawk.
NU P, C, 270, tainted of any felony done upon the land.
The indictment must mention the same to be done on the high seas.
If any person be feloniously stricken or poisoned upon the sea, or at any place out of Ges. 2, England, and dies in England, or stricken or poisoned in England, and dies on the sea, ch. sl. or out of England, the fact is triable in any country, according to the course of the common law, except challenges for the hundred
A pardon of all felonies does not extend to piracy, but the same ought especially Moore TK6 to be named; and though there be a forfeiture of lands and goods, yet there is no corruption of blood, nor can there be an accessary of this offence tried by virtue of this statute, but if there be an accessary upon the sea to a piracy, he must be tried by civil top:11.
sect, 16. law.
Vide 14 The statute of 95 Hen. 8. cap. 2. taketh not away the statute for treasons done uponec
Jac, in B. the sea, nor is clergy allowable to the party on the statute 28 Hen. 8.
Plac, 104 Though a port be locus publicus uti pars oceani, yet it has been resolved more than glost. 11 once, with respect to all ports, that not only the town, but the water is infrà corpus 1 lost. 391, comitatus.
If a pirate enters into a port or haven of this kingdom, and assaults and robs a mer. Molloy de chant ship at anchor there, this is not piracy, because the same is not done super altum p....21 mare, upon the high sea, but a downright robbery at common law, for that the act is infrà corpus comitatus, and was inquirable and punishable by the common law before the statute of 28 Hen. 8. cap. 15. An instance of which was in Hide & Al. who robbed the ship of one captain Slue of some merchandize, appertaining to Mr, Moss, a mer chant in London, and for which they were indicted at the common law, and found guilty, anno 22 Car. 2. at the Old-Bailey.
By the recited act of 11 Will. s. it is, amongst other things, enacted, that all piracies 18 Geen and robberies committed on the sea, or in any haven or place, where the admirals have po open power or jurisdiction, may be examined and adjudged, according to the directions of VOL, 1.
the act, in any place at sea or land, to be appointed by the King's commission. And also, that if any of his Majesty's natural-born subjects, or denizens of this kingdom, shall commit any piracy or robbery, or act of hostility, against others of his Majesty's subjects on sea, under colour of commission from any foreign prince or state, or pretence of authority from any person, they shall be deemed pirates, felons, and robbers, and being convicted according to the said aet, or of 28 Hen. 8. therein recited, shall suffer such pains of death, &c. as pirates, &c. ought to have and suffer: And whereas,
during the war with France and Spain, divers subjects have entered into the service of .46 his Majesty's enemies, on board privateers, or other ships, having commissions from the
crowns of France and Spain, and committed hostilities against his Majesty's subjects on the seas, in the West Indies, &c. and as doubts have arisen whether, as such offenders have been guilty of high treason, they can be guilty of felony within the intent of the
said act, and as such be tried by the Court of Admiralty thereby appointed ; to put an 18 Gen, 2.a end to the said doubts, therefore, it is enacted, that all persons, being natural-born p. 661.
subjects or denizens of his Majesty, who, during the present or any future wars have committed, or shall commit, any hostilities on the sea, or in any haven, river, creek, or place where the admirals have power of jurisdiction, may be tried as pirates, i felons, and robbers, in the said Court of Admiralty, on ship-board, or on land, as persons
guilty of piracy, &c. are by the said act directed to be tried; and being convicted *. thereof, shall suffer such pains of death, loss of lands, goods, and chattels, as lothen
pirates, &c. by the said act of 11 Will. 3. or any other act, ought to suffer. .00 ure 10 Any person who shall be tried and acquitted, or convicted according to this act, for alany of the said crimes, shall not be tried again for the same fact, as high treason. See
1s Inst. 112. 1 Hawk. P. C. c. 281. is risus idi ons wel sommino siya ito nagi P. 662. Nothing in this act shall extend to prevent any persons, guilty of any of the said
crimes, who shall not be tried according to this act, from being tried for high treason
within this realm, according to the aforesaid act of 28 Hen. 8. O d sake toka 10 Mcore 156. If such a robbery be made in a creek or port, in such cases, it has by soine been con1 Jac. Par. Faleceived that clergy is allowable, upon the statute of 28 Hen. 8. but if it be done super
altum mare, there is no such allowance, as was ruled by the opinion of Sir Lionel Jen.8 kyns, and the rest of the Judges, upon the piracy committed by Cusack and others,
who were executed anno 1674. And if the robbery be committed on great rivers,
within the realm, esteemned always as common highways, there it has formerly been ABY 3 doubted, whether the benefit of clergy ought to be granted, however it was seemingly. al obiy settled by the Judges in the aforesaid case of Hide, and was confirmed by the following
4.5 act, viz.ob atomo 10 state sit views on sisule.&. 8. desola Geo. 2. p. Divers wicked and evil-disposed persons, being encouraged to commit robberies and
3 theft upon navigable rivers, &c. by the privilege, as the law now is, of being admitted 102.931. to the benefit of their clergy; for the more effectual preventing such felonies for the
future, is is enacted, that all persons, who shall at any time, from and after the 24th a of June, 1751, feloniously steal any goods or merchandize, of the value of 40s. in any P. 1056, ship, barge, lighter, boat, or other vessel or craft, upon any navigable river, or in any
port of entry or discharge, or in any creek belonging thereto, or from off any wharf or
to be of the jury, shall be excluded from the benefit of clergy... ) a on o g 2A DE LOS ta etork
One Cobham was arraigned in Southwark, before the cominissioners of Oyer and 3 Inst. 114. Terminer, for a piracy and robbery committed on a Spaniard, and refusing to plead, it 30 was moved by the Attorney-General, whether he ought not in this case to chave the peine forte & dure, and it was the opinion of the court he should from the words and reasonable intendment of the statute 28 Hen. 8. c. 15. and judgment was given accordingly. But by 12 Geo. 3. c. 20. standing mute in piracy amounts to a conviction, and the court shali award the same judgment as on a conviction by verdict or confession. 1 Hawk. P. C. 281.
Dose as condition famos If a man is taken on suspicion of piracy, and a bill is preferred against him, and the jury find ignoramus, and the Court of Admiralty will not discharge him, that of the King's Bench will grant a Habeas Corpus, and if there be a good cause, discharge him, or at least admit him to bail; but if the court suspects that the party is guilty, perhaps they may remand him; and therefore in all cases, where the Admiralty legally have an original or a concurrent jurisdiction, the courts above will be well informed before they will meddle or interfere. See the case of the King v. Marsh. 3 Bulst. 27.be
Aiding or assisting the escape of a man in custody for piracy, though the matter is Yelvert. an offence at land, yet the admiralty having jurisdiction to punish the principal, has a
134, 135. likewise power to punish such an offender, who is looked upon quasi an accessary to the 685. Cro. piracy ; but on rescuing a prisoner from an officer of their's, they may examine the sales2017 cause, but they cannot proceed criminally against the offender. To to TEREN
340. The exemplification of the sentence of the Court of Admiralty, under their seal, is conclusive evidence in a court of common law. angive best 5 out so o siv a
And although the statute of 28 Hen. 8. c. 15. does not alter the offence, or make it Lord Rayfelony, but leaves it as it was before that statute, viz. felony only by the civil law, and mond, 893. · gives a mean of trial by the common law, and inflicted such pains of death, as if they
0.001 had been attainted of any felony; yet it was resolved by * all the judges and the rest of agit.ser the commissioners then present, that his Majesty having granted letters of reprisal + to 1093 Sir Edmund Turner and George Carew, against the subjects of the States General of the United Provinces, which grant was afterwards called in by proclamation, then notified in the treaty of Breda, and finally suppressed under the great seal; that several having put in execution the said commission, under a deputation from Carew only, without Turner, were indicted for piraey, though they were acquitted, as it was decreed that the same was not a felonious and a piratical spoliation in them, but a caption in order to an adjudication, and though the authority they acted under was deficient, yet not being done by the captain and his mariners, animo depredandi, it could by no means be made piracy. 30
seg It has been customary to grant commissions to the commanders of ships bound to the East Indies, for the seizing of pirates, and as I find they have always been to the same purpose, though sometimes variously worded, I shall add the copy of one of them. taken from the original.
The word Convoy, in a mercantile sense, means a fleet, or any number of merchant vessels sailing together to a particular place of destination under protection. And the protection granted to them by the marine department of the state to which they belong, consisting of one or more ships of war, is likewise called a Convoy.
LUBISS The King of Great Britain in time of war grants convoys for the protection of his subjects carrying on their commerce on the ocean, upon application being made by the merchants to the commissioners for executing the office of Lord High Admiral, who appoint such a force as they think proportioned to the danger they are likely to en. counter from the enemy on their voyages, and even in times of peace, convays are