country, although it may perhaps be piracy, yet it is not cognizable as such in any court of Admiralty within this realm. 4 Co. Inst. 154; Y. B. 2 Ric. 3, f. 2. See R. v. Sawyer, R. & R. 294.

In bodily fear, etc.]-This must be proved in the same manner as in robbery. Sir L. Jenk. xciv.

And the said ship, etc.]-The things stolen are proved in the same manner as in ordinary cases of larceny. The value is immaterial, as in a robbery upon land. Molloy de Jure Maritimo, p. 64, s. 18; Beawes, 231. It is said, that if one or more of the crew or passengers in a vessel be taken for the purpose of being sold as slaves, it is piracy. Molloy, p. 63, s. 16; (and see the Slave Trade Act, 1824 (5 G. 4, c. 113), s. 9, post, p. 545).

Of the goods and chattels of, etc.]-These must be stated to be the goods of a subject or subjects of this realm, or of some state in amity with it; and the allegation must be proved as laid. (See ante, pp. 56, 300).

Piratically, feloniously, and violently.]-The goods must be proved to have been taken animo furandi, as in other cases of larceny. Molloy, 71, s. 73. (See ante, p. 440.) And they must be proved to have been either taken with force and violence, or delivered to the pirates under the impression of that degree of fear and apprehension which is necessary to constitute robbery upon land. (See ante, p. 523).

The taking, to be piracy, must be without authority from any prince or state. If a party making a capture at sea do so by the authority of any prince or state, it cannot be considered piracy; for a nation never can be deemed pirates; fixed domain, public revenue, and a certain form of government exempt a people from that character. Even a capture by authority of the states of Algiers, Tunis, or Tripoli, was not treated as piracy. 2 Sir L. Jenk. 790.

At common law, if a subject of this realm committed acts of hostility against another subject, under the authority of a commission from a foreign prince, it was not piracy; 2 Sir L. Jenk. 754; but the law has been altered in this respect by 11 W. 3, c. 7, and 18 G. 2, c. 30, s. 1 (post, p. 544). See R. v. Evans, 2 East, P. C. 798. As to trials for piracy of persons acting under the commission of Jas. 2, after his deposition, see R. v. Golding, 12 St. Tr. 1269.

If the subjects of the same state commit robbery upon each other, upon the high sea, it is piracy. If the subjects of different states commit robbery upon each other, upon the high sea, if their respective states be in amity, it is piracy; if at enmity, it is not; for it is a general rule, that enemies can never commit piracy on each other, their depredations being deemed mere acts of hostility. 1 Sir L. Jenk. xciv.; 4 Co. Inst. 154.

But if a commissioned ship, by mistake, capture a vessel belonging to the subjects of a friendly power, imagining it to belong to an enemy, and bring it into port for condemnation, that is not piracy. See 1 Sir L. Jenk. xciv.

Steal, take, and carry away.]-This is proved in the same manner as in robbery. Molloy, p. 64, s. 18. If persons at sea force the captain of a vessel to sell part of his cargo for less than its value, it is piracy. 28 H. 8, c. 15, s. 4, exempts from the penalties of piracy, the taking, when compelled by necessity, from a ship which can conveniently spare them victuals or equipment if payment is made by bill on the terms there prescribed. If a pirate attack a vessel, and before he obtains possession of her, the captain, in order to redeem her, give an oath to pay a sum

certain, this is no piracy, for there was no taking. Molloy, p. 64, s. 18. But if there be an actual taking, it is piracy, although the pirate afterwards allow the party to proceed on his voyage. Sir L. Jenk. xcviii.

PIRACY BY STATUTE.

Statutes.

28 H. 8, c. 15-Trial of Piracy according to the course of the Common Law.]-See ante, pp. 38, 39, 539.

11 W. 3, c. 7, s. 7—Piratical acts done under colour of foreign commission.]-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 other his Majesty's subjects upon the sea under colour of any commission from any foreign prince or state, or pretence of authority from any person whatsoever, such 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 (28 H. 8, c. 15) shall have and suffer such pains of death, loss of lands, goods and chattels, as pirates, felons, and robbers, upon these as ought to have and suffer. [See R. v. Quelch, 14 St. Tr. 1067, and for present punishment, 7 W. 4 & 1 Vict. c. 88, s. 3, post, p. 544].

Sect. 8-Certain acts of commanders, seamen, etc., to be piracy.]--· · · If any commander or master of any ship, or any seaman or mariner shall, in any place where the admiral has 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 if any person shall lay violent hands on his commander, whereby to hinder him from fighting in defence of his ship, and goods committed to his trust, or that shall confine [R. v. Jones, 11 Cox, 393, post, p. 546] his 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 directions of this Act shall have and suffer pains of death, losses of lands, goods and chattels, as pirates, felons, and robbers upon the seas ought to have and suffer. [See R. v. Dawson, 13 St. Tr. 454, 478: and as to present punishment, 7 W. 4 & 1 Vict. c. 88, s. 3, post, p. 544].

Sect. 9-Accessories before the fact to piracy.]... All and every person and persons, whatsoever, who after the 24th day of September, 1700, shall, either on the land or upon the seas, wittingly or knowingly set forth any pirate, or aid or 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 (? if) such person or 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 on 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.

Sect. 10-Concealing pirates or vessels taken by them.]—. . . 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 take or receive into his custody any ship, vessel, goods, or chattels, which have been by such pirate or robber piratically and feloniously taken, shall be, and are hereby declared, deemed, and adjudged to be accessory to such piracy and robbery. . [Trial to be under 28 H. 8, c. 15.]

...

4 G. 1, c. 11 (Piracy Act, 1717), s. 7-Mode of trial.]-" And be it hereby declared that all and every person and persons who have committed or shall commit any offence or offences for which they ought to be judged, deemed, and taken to be pirates, felons, or robbers by 11 W. 3, c. 7 (ante, p. 542) may be tried and judged for every such offence in such manner and form as is by [28 H. 8, c. 15] directed and appointed for the trial of pirates.

...

8 G. 1, c. 24 (Piracy Act, 1721), s. 1-Certain acts of commanders, seamen, etc. to be piracy.]- If any commander or master of any ship or vessel, or any other person or persons shall anywise trade with any pirate, by truck, barter, exchange, or in any other manner, or shall furnish any pirate, felon, or robber upon the seas with any ammunition, provisions, or stores of any kind, or shall fit out any ship or vessel knowingly, and with a design to trade with or supply or correspond with any pirate, felon, or robber on the seas, or if any person or persons shall anyways consult, combine, confederate, or correspond with any pirate, felon, or robber on the seas, knowing him to be guilty of any such piracy, felony, or robbery, such offender and offenders, and every of them, shall in each and every of the said cases be deemed, adjudged, and taken to be guilty of piracy, felony, and robbery, and he and they shall and may be inquired of, tried, heard, and adjudged of and for all or any of the matters aforesaid, according to [28 H. 8, c. 15] and [11 W. 3, c. 7] .. [punishment rep., see post, p. 544]... and in case any person or persons belonging to any ship or vessel whatsoever, 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 or carry off such ship or vessel, shall throw overboard 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 as aforesaid.

Sect. 3-Accessories to be deemed as principals.]—And whereas there are some defects in the laws for bringing persons who are accessories to piracy and robbery upon the seas to condign punishment, if the principal who committed such piracy and robbery is not nor cannot be apprehended and brought to justice. Be it therefore enacted . . . that every person and persons whatsoever who, by [11 W. 3, c. 7], are declared to be accessory or accessories to any piracy or robbery therein mentioned are

hereby declared and shall be deemed and taken to be principal pirates, felons, and robbers, and shall and may [from and after March 25, 1758] be inquired of, heard, determined, and adjudged in the same manner as persons guilty of piracy may and ought to be inquired of, tried, heard, determined, and adjudged by the said statute [11 W. 3, c. 7] . . . [As to punishment, see W. 4 & 1 Vict. c. 88, s. 3, infra.]

18 G. 2, c. 30 (Piracy Act, 1744), s. 1—Piracy committed under enemy's commission.]- all persons being the natural 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 of or under colour of any commission from any of his Majesty's enemies, or have been, or shall be any other ways adherent or giving 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, upon shipboard, or upon the land in the same manner as persons guilty of piracy, felony, and robbery are by the said Act [28 H. 8, c. 15] directed to be tried. [As to punishment, see 7 W. 4 & 1 Vict. c. 88, s. 3, infra. See R. v. Golding, 12 St. Tr. 1269: R. v. Vaughan, 13 St. Tr. 485, 503, 524. As to adhering to the King's enemies, see post, Book 111. Part II. ch. i. tit. "High Treason."]

Sect. 2-Persons acquitted or convicted not to be retried on the same facts for high treason. [See 52 & 53 Vict. c. 63, s. 33, ante, p. 170.]

Sect. 3-Persons offending against the Act and not tried under it to be triable under 28 H. 8, c. 15, for high treason.

12 G. 3, c. 20. Proceedings against persons standing mute on arraignment for felony or piracy.]—Virt. rep. 7 & 8 G. 4, c. 28, s. 2 (E); 9 G. 4. c. 54, s. 8 (I) (see ante, p. 183).

7 W. 4 & 1 Vict. c. 88 (Piracy Act, 1837), s. 2-Piracy with violence.] -Whosoever, with intent to commit, or at the time of, or immediately 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, whereby the life of such person may be endangered, shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

Sect. 3-Punishment of piracy.]-Whosoever shall be convicted of any offence which by any of the Acts herein before referred to amounts to the crime of piracy, and is thereby made punishable with death, shall be liable... to be transported beyond the seas for the term of the natural life of such offender. ["The acts hereinbefore referred to" are those mentioned in s. 1 of 7 W. 4 & 1 Vict. c. 88 (which section is repealed by 37 & 38 Vict. c. 35), and are as follows:-28 H. 8, c. 15; 11 W. 3, c. 7; 4 G. 1, c. 11; 8 G. 1, c. 24, and 18 G. 2, c. 30. Penal servitude was substituted for transportation by 20 & 21 Vict. c. 3, s. 2, ante, p. 235.]

Sect. 4-Punishment of accessories.]—See post, tit. " Accessories."

5 & 6 Vict. c. 28, ss. 16, 18, punishment for piracy in Ireland.-assimilated to that in England under 7 W. 4 & 1 Vict. c. 88, s. 3, supra.

13 & 14 Vict. c. 26 (Piracy Act, 1850), s. 2—Jurisdiction of Admiralty Court and Vice Admiralty Courts to adjudge as to alleged pirates attacked or captured by King's ships. See The Magellan Pirates, 1 Spinks (Eccl. & Adm.) 81: 16 Jur. 1145.

5 G. 4, c. 113 (Slave Trade Act, 1824), s. 9.]—If any subject or subjects of his Majesty, or any person or persons residing or being within any of the dominions, forts, settlements, factories, or territories, now or hereafter belonging to his Majesty, or being in his Majesty's occupation or possession, or under the government of the United Company of Merchants of England trading to the East Indies, shall upon the high seas, or in any haven, river, creek, or place, where the admiral has jurisdiction, knowingly and wilfully carry away, convey, or remove, or aid or assist in carrying away, conveying or removing any person or persons as a slave or slaves, or for the purpose of his, her, or their being imported or brought as a slave or slaves into any island, colony, country, territory or place whatsoever, or for the purpose of his, her or them being sold, transferred, used or dealt with as a slave or slaves, or shall upon the high seas, or within the jurisdiction aforesaid, knowingly and wilfully ship, embark, receive, detain or confine, or assist in shipping, embarking, receiving, detaining, or confining on board any ship, vessel or boat, any person or persons for the purpose of his, her or their being carried away, conveyed or removed as a slave or slaves, or for the purpose of his, her or their being imported or brought as a slave or slaves into any island, colony, country, territory or place, whatsoever, or for the purpose of his, her or their being sold, transferred, used or dealt with as a slave or slaves, then and in every such case, the person or persons so offending, shall be deemed and adjudged guilty of piracy, felony and robbery . . .

33 & 34 Vict. c. 90-Fitting out expeditions against friendly states.]-See post, tit." Foreign Enlistment."

36 & 37 Vict. c. 88, s. 26-Jurisdiction and procedure on offences against Slave Trade Acts.]—Ante, p. 39.

41 & 42 Vict. c. 73 (Territorial Waters Jurisdiction Act, 1878), s. 6.]-This Act shall not prejudice or affect the trial in manner heretofore in use of any act of piracy as defined by the law of nations, or affect or prejudice any law relating thereto : and where any act of piracy as defined by the law of nations is also any such offence as is declared by this Act to be within the jurisdiction of the admiral, such offence may be tried in pursuance of this Act or in pursuance of any other Act of Parliament law or custom relating thereto.

20 & 21 Vict. c. 3, s. 2-Substitution of penal servitude for transportation.] - See ante, p. 235.

54 & 55 Vict. c. 69, s. 1--Terms of penal servitude and imprisonment.]— See ante, p. 235.

Indictment for Piracy with Violence. (7 W. 4 & 1 Vict. c. 88, s. 2.)

This indictment may easily be framed from the precedent of an indictment for piracy jure gentium (ante, p. 539) by adding an allegation, "that the defendant, with intent to commit [or at the time of,' or, 'immediately

A.C.P.

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