А DIGEST OF THE Criminal Statute Law OF ENGLAND. Admiralty. (And See Title PIRACY.) § 1. The Admiralty Jurisdiction defined. § 2. The Times and Places when and where the Admiralty Sessions shall be held. THE statute 13 R. 2. st. 1. c. 5. recites that the Admirals and $ 1. The Jurisdiction ties. 4 Inst. 135. their deputies accroached to them greater authority than of the Admirals belonged to their Office, holding their Sessions within Franchises and their Depu in prejudice of the Common Law and diminution of franchises; 1 Inst. 260. and enacts, that the Admirals and their deputies shall not meddle from henceforth of any thing done within the Realm, but only of a thing done upon the Sea, as it hath been used in the time of King Edward, grandfather of our lord the king that now is. 12 Co. 104. 13 Co. 42. 52. Hob. 11. 79. 2 196. 212. Roll. 497. 2 Bulst. 323. 3 Bulst. 205. Dyer, 159. 4 Mod. 176. By the statute 2 H. 4. c. 11. the act 13 R.2. st. 1. c. 5. "shall be firmly holden and kept, and put in due execution; and that as touching a pain to be set upon the Admiral or his lieutenant, 1 Roll. 80. 2036 that the Statute and the Common Law be holden against them. 1 Co. 106. » 23 Co. 52. B I 19 H. 6. s. 7. Cro. Car. 296. 603. 4 Mod. 176. 1 Salk. 31. Rast. 23. I Roll. 316. 19 H. 6. s. 7. 5 Co. 106. Leigh's Case, $ 2. An Admiralty Session of Oyer and Terminer and Gaol Delivery shall be held twice at least in every year. And an action on the case with double costs is given against At the complaint of the Commons made to the King, that the Admirals and their deputies incroached to them jurisdictions and profits pertaining to the King, and other lords, Cities, and boroughs, other than they were wont and ought to have of right; it is declared, ordained, and established, that all manner of contracts, pleas, and quarrels, and all other things arising 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 the same 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 or by the Admiral nor his lieutenant; nevertheless, 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 bridges* of the same rivers nigh to the Sea, and in none other place of the same rivers, the Admiral shall have cognizance; and also to arrest ships in the great flotes for the great voyages of the King and of the Realm; saving to the King all forfeitures and profits thereof coming: and he shall have also jurisdiction upon the said flotes during the said voyage only; saving always to the lords, cities and boroughs, their liberties and franchises. 15 R. 2. c. 3. For the more speedy bringing offenders to justice, and to prevent the inconveniences occasioned by want of frequently holding a Session of Admiralty for the trial of offences committed on the high seas, the stat. 32 G. 2. c. 25. (s. 20.) enacts, that from and after June 1, 1759, a Session of Oyer and Terminer and Gaol Delivery for the trial of offences committed upon the High Seas, within the jurisdiction of the Admiralty of England, shall be held twice at the least in every year, that is to say, in the several months of March and October in each year, at Justice Hall, in the Old Bailey, London, except at such times as the Sessions of Oyer and Terminer and Gaol Delivery for the city of London and County of Middlesex shall be appointed to be there held, or in such other places within that part of Great Britain called England, as the Lord High Admiral of Great Britain, or the Commissioners for executing the Office of Lord High Admiral of Great Britain for the time being, or any three or more of them, shall by any letter or order in writing under their hands, directed to the Judge of the High Court of Admiralty in England for the time being, appoint. Ambassadors. sadors, &c. or vants, declared All writs and processes that shall at any time hereafter be All process sued forth or prosecuted, whereby the person of any Ambassador, against ambasor other Public Minister of any foreign Prince or state, autho- any of their serrized and received as such by her Majesty, her heirs or successors, or the domestic or domestic servant of any such Ambassador or other public Minister, may be arrested or imprisoned, or 3 Burr. 1478. his or their goods or chattels may be distrained, seized, or 4 Burr. 2016. attached, shall be deemed and adjudged to be utterly null and void, to all intents, constructions, and purposes whatsoever. 7 Ann. c. 12. s. 3. See Burr. 401. 1677. such process In case any person or persons shall presume to sue forth or Persons suing prosecute any such writ or process, such person and persons, how punishable. and all Attornies and Solicitors prosecuting and soliciting in such case, and all officers executing any such writ or process, being thereof convicted by the confession of the party, or by the oath of one or more credible witness or witnesses, before the Lord Chancellor or Lord Keeper of the Great Seal of Great Britain, the Chief Justice of the Queen's Bench, or the Chief Justice of the Common Pleas for the time being, or any two of them, shall be deemed violators of the Laws of Nations, and disturbers of the public repose, and shall suffer such pains, penalties, and corporal punishment, as the Lord Chancellor, Lord Keeper, and the said Chief Justices, or any two of them, shall judge fit to be imposed and nflicted. s. 4. : Merchants or traders not to have the benefit of this act. as are registered No merchant or other trader whatsoever, within the description of any of the statutes against bankrupts, who hath or shall put himself into the service of any such Ambassador or public minister, shall have or take any manner of benefit by this act and that no person shall be proceeded against as having arrested Nor any serthe servant of any Ambassador or public minister by virtue of vants, but such this act, unless the name of such servant be first registred in the office of one of the Principal Secretaries of State, and by such Secretary transmitted to the Sheriffs of London and Middlesex for the time being, or their undersheriffs or deputies, who shall, upon the receipt thereof, hang up the same in some public place in their offices, whereto all persons may resort and take copies thereof, without fee or reward. s. 5. This act declared a public act, and shall be judicially taken notice of as such by all Judges, &c. without specially pleading. s. 6. in the Secretary of State's office. |