intention of Easterby and Macfarlane that the ship should be destroyed with such cargo as should be on board her at the time of her being sunk was further proved by the circumstance of their having caused to be effected insurances upon the cargo to the amount in the whole of 10,2501., whereas the goods found on board after the ship with her cargo was weighed up and brought to land at Brightelmstone were proved to have been of the original value as between seller and buyer of 32317. ls. 6d. and no more; and by their having respectively withdrawn from the cargo, after the same had been originally shipped as part thereof, several articles, some being stores for the ship's use, a part of which were carried away by Easterby alone, and others put on board a ship called the William belonging to Easterby and Macfarlane, for the use of that ship; others being articles of considerable value packed up for exportation as merchandise, of which no less than 15 considerable packages were found in the house of Easterby; and other like goods which had been at Macfarlane's house were found at the house of a friend of Macfarlane, to which they had been removed for the purpose of concealment, upon Macfarlane's being taken into custody. It was also proved that Easterby two days after the loss of the vessel came down to Brighton, near which place the ship had been cast away, and that Easterby there in the presence of Macfarlane and Codling asked another witness (Cooper) where he had bored the hole, and what size it was, and whether it was about the size of the handle of a chissel which happened to be in the room where they were; and the witness having answered that it was thereabouts, Easterby bid him get the handle out of the chissel and sharpen one end of it in order therewith to plug up the hole in case the vessel should drive on shore. That Easterby afterwards abused Codling for not having taken the vessel to the coast of France, and there destroyed her. And that Macfarlane and Easterby then ordered Codling and Cooper to go to London together and secrete themselves for their safety, which they accordingly did.

It was objected on the part of the prisoners Easterby and Macfarlane, that assuming them to be owners of the ship, and that the evidence stated proved them to have been guilty of feloniously procuring the ship in question to be cast away or destroyed within the 6th sect. of the act 11 Ged. 1. c. 29.,

yet

Vide Keilw.

p. 67. 20 H. 7.
28 H. 8. c. 15.

2 & 3 Ed. 6.
e. 24. s. 4.

yet that the same offence did not appear to have been com-
mitted by them on the high seas, so as to bring the same with-
in the jurisdiction of the Court of Admiralty under the 7th
section of the act. The Court reserved this question also as
well as that which had been before made relative to the own-
ership of Easterby in the ship for the consideration of the
twelve Judges. And subject to those questions left the fact
of the wilful destruction of the ship by Codling and Reid, and
of the wilful procurement of such destruction by Easterby and
Macfarlane, with intent to prejudice the above underwriters,
to the jury, who acquitted Reid (a), and found the other pri-
soners respectively guilty (6). The questions for the opinion
of the Judges were, first, Whether Easterby was an owner of
the ship Adventure, so as to be liable in that character to the
penalties of the stat. 11 Geo. 1. c. 29. s. 6.? Secondly, Whe-
ther the procurement of the destruction of the ship by Easter-
by and Macfarlane were an offence committed by them on
the high seas within the jurisdiction of the Court of Admiral-
ty under the 7th section of that statute?

This case was argued before all the Judges in the Exchequer-
chamber on the 13th of November 1802, and afterwards at an
adjourned meeting at Serjeants', Inn on the 30th of the same
month. And at a subsequent meeting of the Judges on the 2d
of February 1803 they were all of opinion, that whether the
act of 11 Geo. 1. c. 29. were considered as making the per-
sons who direct or procure the destroying of a ship principals
or accessaries; yet inasmuch as no act was done by the pri-
soners Easterby and Macfarlane within the jurisdiction of the
Admiralty, they were not subject to that jurisdiction, and con-
sequently that the trial was improperly had. It therefore be-
came unnecessary to determine the other points raised in the
argument of the case,

The prisoners afterwards received a free pardon.

(a) On this account the evidence which went to affect Reid is not
stated.

(b) No question was reserved as to Codling, who afterwards suf
fered the punishment of the law.

OF THE GENERAL MATTER (a).

Abduction, forcible, of women, 450, 452 Appeal of death,

(a) At the head of each chapter will be found a particular Index of its contents.
The words here marked in Italics denote the titles of the several chapters.

Attempt to ravish,

Attornies, &c. forgery,

440 Brentford bridge, mischief to,
1003 Bridges, mischief to,

1081

1041. 1081

196

957 Buggery,

481

Attorney, power of, forgery, 841. 844. Brokers, bullion,

519 Bullion, offences concerning, 141.188

865

exportation of,

Burglary,

B.

Burning in general,

195

481

1012

Bail, &c. false personating, 1004. 1009

and vide malicious or fraudulent

Bailment, larceny,

542.682.684

Banker's draft, cheats,

819

paper or checks, forgery, 945
moulds for such,
drafts moulds, forgery, 847

ib.

436

Bank-notes, forgery, 842. 876.883.952
possession of,
larceny,
threatening letter for,1110
842. 868.

876 Carts with goods, burning, 1039. 1063
527. 578 Cats, larceny,

1042

Bank of England, forgery,

larceny,

Banks, mischief to,
Bastards, forcible marriage, &c. 457
homicide,

Cattle, larceny,

Battery,

228. 348
404. 406

532.614
533. 614. 616
mischief to, 1040. 1070. 1077
Cawke, receivers,
Certificate for king's stores, forgery,

755

845.915

to obtain letters of admin-
istration by seamen, forgery, 844.907
217

Bell metal, larceny, 529. 547. 591.749 Challenge, homicide,
Betting, cheats,

Blackfriars bridge, mischief, 1081 Children's goods, larceny,

Black lead, larceny, 529. 548. 594

mines, mischief, 1085

Choses in action, cheats,
Church establishment,

Black lead receivers,

Black mail,

755
538.650

assault there,

attendance on,

larceny in, 536. 623, &c. 630.

651

- larceny,

530.597 Christianity,

3.4

Books, evidence,

Booths, burglary,

61. 98, 99 Clam et secrete, larceny, 543. 700,701
474
492 Clandestine marriages,

larceny and robbery,

1013. 1017. 1031

Brass, larceny, 529.547.591.749

burglary,

523

Breaking house, &c. 481.485.512.638

prison, stamps, forgery, 889

counter-plea,

550

trial,

101

high treason,

94, 95. 136

Clergy,

162

179 Courts of justice, assault in,

408

845.917.920

392.394

920

principals and accessaries, put-Counterfeiting of coin,

ting off,
receiving, tendering, or uttering, Court roll, forgery,
178. 181, &c. Coventry act,

tools for, seizure of,

187 Customary, forgery,

Consent, larceny,

665 Deodands,

Conspiracy to marry paupers, 451. 461 Deposing king,

Conspiracy, burglary,

386

59

486 Depositions, coroner,

383, 390

cheats,

823 Description of prosecutor, forgery, 990