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The admiral's Jurisdiction.

15 RCIC" "' encroach to them divers jurisdictions, franchises, and many Engi. »ut. other profits pertaining to our lord the king, and to other lords, cities, and boroughs, other than they were wont or ought to have of right, to the great oppression and impoverishment of all the commons of the land, and hindrance and loss of the king's profits, and of many other lords, cities, and boroughs through the realm, It is declared, ordained, and established, That of all manner of contracts, pleas and quarrels, and all other things rising within the bodies of the counties, as well by land as by water, and also of wreck of the sea, the admiral's court shall have no manner of cognizance, power, nor jurisdiction; but all such manner of contracts, pleas, and quarrels, and all other things rising within the bodies of counties, as well by land as by water, as afore, and also wreck of the sea, shall be tried, determined, discussed, and remedied by the laws of the land, and not before, nor by, the admiral, nor his lieutenant, in anywise. Nevertheless, of the death of a man, and of the maihem done in great ships, being and hovering in the main stream of great rivers, only beneath the bridges of the same rivers, nigh to sea, and in none other places of the same rivers, the admirals shall have cognizance, and also to arrest ships in the great flotes for the great voyages of the king, and of the realm; saving always to the king all manner of forfeitures and profits thereof coming; and he shall have also jurisdiction upon the said flotes, during the said voyages only, saving always to the lords, cities, and boroughs, their liberties and franchises.

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27 Henry VIII. c. 4.] For pirates and robbers on the sea.1

Engl. [a.d. 1535.]

[Confirmed and extended by 28 Henry
Where pirates, thieves, robbers and

27 Henry VIII. c. 4. VIII. c. 15, Post,] sec. 1

1 The jurisdiction of the commissioners appointed under the 28 Henry VIII. c. 15, was confined by it to treasons, felonies, robberies, murders, and confederacies; and, therefore, the 39 Geo. III. c. 39 (Pout), declares it expedient that other offences committed on the high seas should be tried in like manner. And as persons tried for murder under the 28 Henry VIII. could not, under that statute, be found guilty nf manslaughter, and, where the circumstances mnde the crime manslaughter, were acquitted entirely, the 39 Geo. III. c. 37, expressly enacts that where persons, tried for murder or manslaughter committed on the high seas, are found guilty of manslaughter only, they shall be subject to the same punishment as if they hud committed such manslaughter upon the land. The 28 Henry VIII., c. IS, merely altered the mode of trial in the admiralty court, and its jurisdiction still continues to rest on the same foundations

as it did before that statute. This court is regulated by the civil law, et per conluetudines marinas, grounded on the law of nations, which may possibly give to it a jurisdiction with which our common law is not able to invest it. Per Mansfield, C. J. I. Taunt. 29. Neither of these statutes, however, take away any jurisdiction as to the trial of offences which might have been tried in a court of common law; and therefore an indictment for a conspiracy on tbe high seas is triable at common law on proof of an overt act on shore in the county where the venue is laid. 4 East, 164. If a pistol be fired on shore, which kills a man at sea, the offence is properly triable at the admiralty sessions, because the murder is in law committed where the death occurs. 1 East, p. c. 367; 1 Leach, 383; 12 East, 264; 2 Hale, 17, 20. But if, on the other hand, a man be stricken upon the high sea, and die upon shore after the reflux of the water, the admiral,

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Viivcy with00* l°ng tarrying or protraction of time, and great costs and Engi.'(t»t. charges, as well of the king's highness, as of such as would purlj3s sue such offenders: For reformation whereof, be it enacted, That Before wh»t all such offences done in or upon the sea, or in any other haven, otfeuc.TM river or creek where the admiral or admirals pretend to have ^Snth*11 jurisdiction, shall be inquired, tried, heard and determined in »earfmiii» sucn ahires and places in this realm as shall be limited by the determined, king's commission to be directed for the same, in like form and condition as if such offences had been done on the land; and that such commissions shall be had under the king's great seal, directed to the lord admiral or admirals, or to his or their lieutenant, deputy or deputies, and to three or four1 such other substantial persons as shall be named by the lord chancellor for the time being, as often as need shall require, to hear and determine such offences after the common course of the laws of the land used for felonies done and committed within this realm.

By what jurors the same offences Khali be inquired of.

The trial, judgment, and forfeiture of otteudera.

2. Such persons to whom such commissions shall be directed, or three1 of them at the least, shall have full power and authority to inquire of such offences, by the oaths of twelve good and lawful men, inhabited in 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 every indictment found and presented before such commissioners, of any felonies, robberies, murthers, or manslaughters done 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 places above limited, then such order, process, judgment, and execution shall be used, had, done, and made, to and against every such person and persons so being indicted, as against felons and murtherers for murther or felony done upon the land, as by the laws of this realm is accustomed; and the trial of such offence, if it be denied by the offenders, shall be had by twelve men inhabited in the shire limited within such commission, which shall be directed as is aforesaid, and no challenge to be had for the hundred; and such as shall be convicted of any such offence, by verdict, confession, or process, by authority of any such commission, shall have and suffer such pains of death, losses of lands, goods, and chattels, as if they had been convict of any felonies or murthers done upon the lands.

4. Provided alvoay. That this act extend not to be prejudicial or hm-tful to any person or persons for taking of any victuals, cables, ropes, anchors, or sails, which any such person or persons, compelled by necessity, taketh of or in any other ship, which may conveniently spare the same, so that the same person or persons pay out of hand for the same victual, cables, ropes,

Thinirs taken upon the aea by necessity.

1 Four,2B Htnry VIII.,c. 15. (Post.)

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28HKNRY 0f the same, done and committed upon the land within this

VIII. c. 15. .' r

Kngi. sut realm.

1338.

The com 2. Such persons to whom such commission or commissions

authorityTM shall be directed, or four of them at the least, shall have full power and authority to inquire of such offences, and of every of them, by the oaths of twelve good and lawful inhabitants in 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 every indictment, found and presented before such commissioners, of any treasons, felonies, robberies, murthers, 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, then such order, process, 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 murtnerers, for treason, felony, robbery, murther, or other such offences done upon the land, as by the laws of this realm is The punish- accustomed; and the trial of such offence or offences, if it be offenden. denied by the offender or offenders, shall be had by twelve lawful men inhabited 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; and such as shall be convict of any such offence or offences, by verdict, confession, or process, by authority of any such commission, shall have and suffer such pains of death, losses of lands, goods, and chattels, as if they had been attainted and convicted of any treasons, felonies, robberies, or other the said offences done upon the lands.

Taking of 4. Provided alway, That this act extend not to be prejudicial

ma°gbVhat or hurtful to any person or persons for taking any victual,

nece88itTPon caD'es» r0Pe8J anchors or sails, which any such person or persons

and paying (compelled by necessity) taketh of or in any ship which may

for them. conVeniently spare the same, so the 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 sufficient 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 Marrock, then to be paid within four months;

and if it be beyond the said straits of Marrock, 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.

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