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CHAPTER V.

OF OFFENCES AGAINST THE LAW OF NATIONS.

1. Violation of Safe Conducts or Passports, or committing Acts of Hostility against such as are in amity.

By 31 Hen. VI. c. 4, if any of the king's subjects attempt or offend upon the sea, or in any port within the king's obeisance, against any stranger in amity, league, or truce, or under safe conduct, and especially by attacking his person, or spoiling him, or robbing him of his goods, the Lord Chancellor, with any of the justices of the King's Bench or Common Pleas, may cause full restitution and amends to be made to the party injured.

2. Infringement of the Rights of Ambassadors.

By 7 Ann. c. 12, s. 3, all writs and processes whereby the person of any ambassador, or other public minister of any foreign prince or state authorized and received as such by the king, or the domestic or domestic servant of any such ambassador or other public minister, may be arrested or imprisoned, or his goods distrained, or seized, or attached, shall be utterly null and void, and all persons suing forth or prosecuting, and all attornies or solicitors prosecuting or soliciting in such case, and all officers executing such process, being convicted, by confession or the oath of one witness, before the Lord Chancellor and the Chief Justices, or any two of them, shall be deemed violators of the laws of nations and disturbers of the public repose, and shall suffer such penalties and corporal punishment as the said judges, or any two of them, shall think fit.

But by s. 5 the name of such servant, &c. must be first

registered with one of the secretaries of state, and by him transmitted to the sheriffs of London and Middlesex; otherwise the arrest will not be criminal.

A consul is not considered as a "public minister;" nor is the chaplain of an ambassador protected if he perform no duty in the house; nor the interpreter of an ambassador if he does not live in the house.-Tidd, 194, 8th edit.; 1 Wils. 20, 78.

If a foreign ambassador commits any crime here which is contra jus gentium, as treason, felony, &c. he is subject to punishment as a private alien. But if it be only malum prohibitum, by act of Parliament, or custom of the realm, it is said an ambassador is not punishable.-Chittys' Burn, "Ambassadors."

Foreign ambassadors and other public ministers duly authorized, and their domestic servants, registered as such according to law, or being actually attendant upon such ambassadors or ministers, are excepted from the Alien Act, 7 Geo. IV. c. 54.

3. Piracy.

By the common law piracy consists in committing upon the high seas, or elsewhere within the jurisdiction of the admiralty, such acts of robbery and depredation as if committed on land would have amounted to felony there.-1 Russ. 100.

The admiralty jurisdiction extends in general to no offence done infra corpus comitatus. See Russ. & Ry. 243. All rivers in this country, till they flow past the furthest point of land next the sea, are infra corpus comitatus.— Arch. 223.

As to havens, creeks, and arms of the sea; where the sea flows in between two points of land in this country, a straight imaginary line being drawn from one point to the other, the courts of common law have jurisdiction of all offences committed within that line, as being infra corpus comitatus. Ibid.

It would seem, however, that to be infra corpus comitatus,

one must be able to see with the naked eye from one side of the creek, &c. to the other.-Com. Dig. "Admiralty," (E. 14); Jac. Law Dict. "Admiral."

If a robbery be committed in creeks, harbours, ports, &c. in foreign countries, the Court of Admiralty has jurisdiction of it, and the offence is consequently piracy.-Arch. 223.

Of offences committed on the coasts, the Admiralty has exclusive jurisdiction, if the offence be committed beyond low water mark; and between low water mark and high water mark, the Admiralty has jurisdiction if the offence be done upon the water when the tide is in, and the courts of common law if done on the strand when the tide is out.Com. Dig. "Admiralty," (E. 14): 3 Inst. 113; 3 Rep. 107. All other parts of the high seas are indisputably within the Admiralty jurisdiction.

And by 15 Ric. II. c. 3, "of the death of a man and of a 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 the sea, and in none other places of the same rivers, the admiral shall have cognizance."-Com. Dig. "Admiralty,” (E. 14.)

Formerly piracy was cognizable in the Admiralty Courts only, and according to the rules of the civil law.-Com. Dig. "Admiralty," (E. 5.)

But by 28 Hen. VIII. c. 15, it is provided, that all treasons, felonies, robberies, murders, and confederacies upon the sea, or in any haven, creek, or place where the admiral has jurisdiction, shall be determined in such places in the realm as shall be limited by the king's commission, in like form as if done on land, and according to the course of the common law, such commission to be directed to the admiral, or his deputies, and three or four other substantial persons, and that such treasons, &c. shall be proceeded against and punished as if done on land.

Before such commissioners, (among whom are usually appointed two common law judges,) all criminal causes in the Court of Admiralty are now tried. But the judge of the Admiralty is still the presiding judge.-4 Bl. Com. 269.

This act has a provision (s. 4) exempting from punishment the case of taking victual, &c. (compelled by necesity) from any ship that can spare it, so it be paid for out of hand in such way as the act provides.

By 11 & 12 Will. III. c. 7, (made perpetual by 6 Geo. I. c. 19,) all piracies, felonies, and robberies committed in or upon the sea, or in any haven, river, creek, or place where the admiral has jurisdiction, may be determined in any place at sea, or upon the land in any of his Majesty's islands, plantations, colonies, dominions, forts, or factories, to be appointed for that purpose by commission under the great seal or seal of the Admiralty to his Majesty's admirals, vice admirals, rear admirals, judges of vice admiralty, commanders of ships of war, or any of them, and such others by name as the King shall appoint.

And further, if any natural born subject shall commit any act of hostility upon the high seas against others of his Majesty's subjects under colour of a commission from any foreign power, this shall be piracy, felony, and robbery.

And further, any commander or seaman betraying his trust, and running away with his ship, or any boat, ordnance, ammunition, or goods, or yielding them up voluntarily to a pirate, or conspiring to do these acts; or any person assaulting the commander of a vessel to hinder him from fighting in defence of his ship, or confining him, or making or endeavouring to make a revolt on board, shall for each of these offences be adjudged a pirate, felon, and robber.

By 4 Geo. I. c. 11, s. 7, and 8 Geo. I. c. 24, s. 3, offenders under 11 & 12 W. III. are excluded from benefit of clergy.

By 8 Geo. I. c. 24, trading with known pirates or furnishing them with stores or ammunition, or fitting out any vessel for that purpose, or in any wise consulting, combining, confederating, or corresponding with them; or the forcibly boarding a merchant vessel, though without seizing or carrying her off, and destroying or throwing any of the goods overboard, shall be deemed piracy without benefit of clergy.

By the same statute, if the commander, officer or seaman, of any vessel carrying arms, shall not defend the same when attacked by a pirate, or shall discourage the mariners from fighting, so that the ship falls into the hands of the pirate, he shall forfeit all his wages, and suffer six months' imprisonment.

By 18 Geo. II. c. 30, any natural born subject or denizen who in time of war shall commit hostilities at sea, or in any haven where the admiral has jurisdiction, against any of his fellow subjects, or shall assist an enemy at sea or in any such haven, &c. is liable to be tried and convicted as a pirate.

By 39 Geo. III. c. 37, all offences committed on the high seas are declared to be offences of the same nature and liable to the same punishments as if committed on shore, and may be tried as appointed by 28 Hen. VIII. c. 15.

By 45 Geo. III. c. 72, s. 114, 115, &c. a session for the trial of offences committed within the jurisdiction of the Admiralty shall be held twice a year at the Old Bailey, and any of the commissioners, or any justice of the peace, may take informations touching piracy, &c. and commit for trial, &c.

By 46 Geo. III. c. 54, all piracies and other offences committed within the jurisdiction of the Admiralty may be determined according to the common law, in any of his Majesty's islands or dominions, &c. under the King's commission, directed to four or more discreet persons, in like manner as under commissions by virtue of 28 Hen. VIII. c. 15, and shall be punishable in like manner.

By 5 Geo. IV. c. 113, s. 9, if any subject of his Majesty, or any person within his dominions or places in his possession, or under the government of the East India Company, shall (except in cases in that act permitted) within the jurisdiction of the Admiralty knowingly convey, or assist in conveying, persons as slaves, or to be dealt with as slaves, or ship them for that purpose, he shall be deemed guilty of piracy, felony, and robbery, and suffer death without be

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