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Inconvenience of trial of piracy by course of the civil law, from the difficulty of proving the offences.
Trial of offences on the sea, or within the admiral's jurisdiction, by the King's commission as if done on land. To whom such commission to be directed, directed to admiralty judge by 23 & 24 G. 3. c. 14. s. 4. [(Ir.)].
by the lord chancellor.
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WHEREAS traytors, pirates, theeves, robbers, murderers, and confederators upon the sea, many times escape unpunished, because the triall of their offences hath heretofore been ordered, judged and determined before the admirall, or his lieutenant, or commissarie, after the course of the civill lawes; the nature whereof is, that before any judgment of death can be given against the offendors, either they must plainely confesse their offences, which they will never doe without torture or paines, or else their offences be so plainly and directly proved by witnesses indifferent, such as saw their offences committed, which can seldome be gotten but by chance, because such offendours commit their offences upon the sea, and many times murder and kill such persons, being in the shippe or boate where they commit their offences, which should witnesse against them in that behalfe; and also such as should beare witnesse be commonly marrinors and shipmen, which because of their often voyages and passages on the seas, are uncertain to be found when their testimonies should be had and used in such cases; for reformation whereof, be it enacted by the King's most excellent Majestie, and by the lords spirituall and temporall, and the commons in this present Parliament assembled, and by authority of the same, that all treasons, felonies, robberies, murders and confederacies hereafter to be committed in or upon the sea, or in any other haven, river, creek or place where the admiral or admirals have or pretend to have power, authority or jurisdiction, shall be inquired, tryed, heard, determined and judged in such shires and places in this realm, as shall be limitted by the King's commission, or commissions, to be directed for the same, in like forme and condition, as if any such offence or offences had been committed or done in or upon the land, and such commissions shall be had under the King's great seal of this realm, directed to the admirall or admiralls, or to his or their lieutenant general, deputie, or deputies, and to three or four such other substanstiall persons as shall be nominated or appointed by the lord chancellor of Ireland, for the time being, from time to time, and as often as need shall require, to heare and determine such offences, after the course of the common lawes of this realm, used for treasons, fellonies, robberies, murders and confederacies done and committed upon the land within this realm.
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Commissioners authority. Trial by twelve men of the shire limited in the commission.
No challenge for the hundred.
Punishment of offenders.
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II. And be it further enacted by the authority aforesaid, That such persons to whom such commission or commissions shall be directed, or four of them at the least, shall have full power and authority to enquire of such offences, and of every of them, by the oathes of twelve good and lawfull inhabitants in the shire limitted by their commission, in such like manner and forme, as if such offences had beene committed upon the land within the same shire; and that every indictment found and presented before such commissioners of any treason, fellonies, robberies, murders, manslaughters, or such other offences committed or done in or upon the seas, or in or upon any haven, river or creek, as aforesaid, 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 bee done upon the seas, or in any other places above limitted, that then such order, processe, judgment and execution shall be used, had or done, and made to and against every such person and persons, so being indicted, as against traytors, felons and murderers for treason, felonie, robberie, murder, or other such offences done upon the land, as by the lawes of the realm is accustomed, and that the triall of such offence or offences, if it be denied by the offendour or offendours, shall be had by twelve lawfull men inhabiting in the shire limitted with such commission, which shall be directed as 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 processe, by authority of any such commission, shall have and suffer such pains of death, losses of lands, goods and chattles, as if they had been attainted and convicted of any treason, felonies, robberies, or other the said offences done upon the land.
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Not to prejudice persons taking victuals, &c. that may be spared, compelled by necessity, so as they pay the value, or give an obligation payable in four months, if on this side the Straits of Morocco; if beyond, within twelve.
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IV. Provided alway, that this act extend not to be prejudiciall or hurtfull to any person or persons for the taking any victualls, cables, ropes, anchors or sails, which any such person or persons, compelled by necessity, shall take of, or in any shippe which may conveniently spare the same; so as the same person or persons pay out of hand for the same victuals, cables, ropes, anchors, or sayles, money or money worth, to the value of the thing so taken, or doe deliver for the same a sufficient bill obligatorie to be payed in forme following, that is to say; if the taking of the same things be on this side of the streights of Morocco, then to be payed within foure moneths, and if it be beyond the streights of Morocco, then to be payed within twelve moneths next ensuing the making of such bills; and that the makers of such bills well and truely pay the same debt at the day to be limitted within the said bills; any thing in this present act to the contrarie notwithstanding.
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