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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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