threaten- of our said lord the king were then and there peaceably met and ing bodily asssembled) with intention to disturb the peace of our said lord the owner the king, and that he the said A. B. so being in the said dwelling harm to thereof. (h) house, did then and there unlawfully, wilfully, injuriously, and obstinately remain there for a long space of time, that is to say, for the space of one hour and more, without the license and against the will of the said R. N. and did then and there unlawfully, obstinately, and injuriously refuse to depart and go away from and out of the said dwelling-house, upon the reasonable request of the said R. N. then and there made to him for that purpose; and that the said A. B. did then and there unlawfully, vehemently, and turbulently menace and threaten great bodily hurt to the said R. N. then and there being in the said dwelling house, and did then and there make a great noise in disturbance of the peace of our said lord the king, and greatly misbehave himself in the same dwelling house, and other wrongs to the said R. N. then and there did, to the great damage of the said R. N. to the great terror of the said liege subjects, in violation of the good rule and order observed by the said R. N, within the said dwelling house, to the evil example, &c. and against the peace, &c. [Add a count for a common assault.] (h) See a similar precedent Cro. C. A. 15. 2 St. 396. and see ante ch. 9: for indictments for riots in dwelling houses, &c. *CHAPTER XVII. [*1127] FOR OFFENCES RELATIVE TO SHIPS AND SEA. (@) PIRACY. [1] fence. PIRACY, in its most extended sense, is the committing such The of illegal acts on the high seas, as would, if committed on shore, be felonious. Hawk. b. 1. c. 37. s. 4. It is derived from the Greek pay, which signifies to pass over the sea, and refers, therefore, rather to a place, than a species of crime, 3 Inst. 113. The enquiry, therefore, relates chiefly to the extent of the admiral's jurisdiction, within which cases of marine felonies may arise. Formerly it seems to have been thought that the court of king's bench exercised a concurrent jurisdiction with the admirality over narrow seas, and on the coast, though regarded as the high seas, 2 Hale, 13. It is, however, clear, that the admiral never had jurisdiction in any river, creek, or harbour, within the body of any county, unless by some particular provision, as on 15 Rich. II. c. 3. in case of mayhem and homicide. The only question of difficulty is how to settle the limits between the high seas and the county on which they border. In general, it appears that such narrow seas, rivers, or creeks, are deemed to be within the bodies of counties, where persons on one side can see what is done on *the other, 2 Hale, 16. [*1128] (a) As to the offence, see in general 3 Inst 111 to 114. 1 Hale, 254, 5. Hawk. b. 1. c. 37. Com. Dig. Ad mirality, A. 3. Bac. Abr. Piracy, 2 [1] UNITED STATES.-By an act of Congress passed March 3, 1819, it is provided, That if any person or persons shall, on the high seas, commit the crime of Piracy, as defined by the law of nations, and such offender or offenders shall afterwards be brought into or found in the United States, every such offender or offenders shall, upon conviction thereof before the circuit court of the United States for the district into which he or they inay be brought, or in which he or they shall be found, be punished with death. Pamphlet Laws. 76. 54. Hawk. b. 2. c. 9. s. 14. And the admiral can have no power over offences committed in any place of this description, merely because it is subject to the changes of tide, except by statute, 3 Inst. 113. On the open sea-shore between high and low watermark, the admirality and the common law have a concurrent jurisdiction, 2 Hale, 17. 3 Inst. 113. In harbours and below the bridges in large rivers partly inclosed it is often more a question of fact than of law, to be decided on local evidence. As to the commission and jurisdiction of the admirality court in general, see ante 1 vol. 151 to 156.* But in its narrow and more popular sense, piracy signifies the stealing or otherwise illegally using every kind of shipping on the high seas. It differs from other offences in this; that a subject of another realm, who owes, even for a time, no obedience to our laws, is liable to their operation. For the crime of robbery on the high seas, is an offence against the universal law of society, and constitutes the criminal, in the language of Lord Coke, “hostis humani generis." It is, therefore, observed by Mr. Justice Blackstone, "that as he has renounced all the benefits of society and government, and has reduced himself to the savage state of nature, by, declaring war against all mankind, all mankind must declare war against him :" so that he infers each community has a right, in its own defence, to punish him. Piracy, if committed by a subject, was formerly holden to be a species of treason, as against the allegiance of a subject; and to amount to no more than felony in an alien, 3 Inst. 113. But since the 25 Edw. III. c. 2. it is no longer regarded as traitorous. Its punishment has been provided for by 28 Hen. VIII. c. 15. together with other felonies committed at sea in the manner which has been shown already. And several statutes have made other acts of violence capital felonies under the name of piracy. But previous to 11 and 12 W. III. c. 7. none were deemed pirates who captured vessels under authority from a foreign power. But by that statute it is enacted, that "if any of his majesty's naturalborn subjects or denizens of this kingdom, shall commit any piracy or robbery, or an act of hostility against others 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," he shall be taken to be a pirate, felon, and robber, and guilty of felony without benefit of clergy.-The 2 Geo. II. c. 30. further enacts, "That all natural born subjects or denizens who during any war shall commit any hostilities upon the sea; or in any haven, river, creek, or place, where the admiral, &c. has power, authority, or jurisdiction against his majesty's *subjects, by [*1129] virtue or under colour of any commission from any of his majesty's enemies, or shall be any otherwise adherent, or giving aid or comfort to his majesty's enemies upon the sea, or any haven or places where the admiral has jurisdiction as aforesaid, may be tried as pirates, felons, and robbers in the said court of admirality, on ship board or on the land, in the same manner as persons guilty of piracy, felony, and robbery, are, by the said acts directed to be tried," and shall, on conviction, be deemed guilty of felony without benefit of clergy. But this act does not prevent the offender from being tried for high treason within the realm; though if he has once been acquitted on a trial for that offence, he cannot be convicted of piracy, s. 2, 3. And by s. 9. of the same statute, "If any commander ormaster of any ship, or any seaman or mariner shall, in any place where the admiral hath 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, ordance, ammunition, goods, or merchandize; or yield them up voluntary to any pirate, or shall bring any seducing message 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, merchandizes, or turn pirates, 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 shall confine 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 a felon without benefit of clergy." The 8 Geo. I. c. 24. further enacts, that "If any commander or master of any ship or vessel, or any other person shall any wise 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, provision, 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 shall any wise consult, combine, confederate, or correspond with any pirate, felon, or robber on the seas, knowing him to be guilty of any such piracy, felony, and robbery," he shall be guilty of a capital offence. And by the same act, "In case any person 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 [*1130] *such ship or vessel," he shall be deemed and punished as a pirate. And the 32 Geo. II. c. 25. s. 12. makes it piracy for any commanders of either private ships or vessels of war, commissioned by virtue of 29 Geo. II. c. 34. or that statute, to agree with any neutral for the ransom of a ship taken as a prize, or actually to permit its ransom. Accessaries to piracy before the fact, are, by 11 and 12 W. III. c. 7. s. 10. deprived of clergy; and all who receive either the pirate, or the ship, &c. piratically taken, are declared accessaries after the fact. The 8 Geo. II. c. 24. s. 14. makes both classes of principal felons, and directs that as such they shall be tried and suffer. Indict ment. In the construction of the common law as enlarged by these statutes, it appears that for mariners to seize the captain, put him on shore against his will, and afterwards employ the ship for their own use, is piracy, 2 East, P. C. 796. But when the master of a vessel insured the ship and cargo, landed the goods, and on the destruction of the former protested both as lost, with intent to defraud the owners and insurers, this was holden to be a mere breach of trust, and no felony ; because there was no determination of the special authority with which the defendant was entrusted, id. ibid. And the same rules apply, in the application of the law to particular cases, as prevail in respect to larceny. id. ibid. Indictment. The indictment must charge the offence to be both feloniously and piratically committed; as well as lay every material fact within the jurisdiction of the admirality, 3 Inst. 112. Hawk. b. 1. c. 37. s. 15. The crime must be strictly proved to |