ly, forcibly and injuriously have kept out from the day and year aforesaid, until the taking of this inquisition, and still do keep out, and other wrongs to the said E. F. then and there did, to the great damage of the said E. F. and against the peace, &c. common That C. P. late of, &c. T. C. late of, &c. together with Indictdivers other evil disposed persons, and disturbers of the ment at peace of our said lord the king, to the number of ten and more, law for whose names to the jurors aforesaid are as yet unknown, on, forcible &c. with force and arms, and with a strong hand, at, &c. entry and aforesaid, into one shop, one warehouse, and one stable, be- expulsion ing parcel of the dwelling house of one L. H. widow, there situ- from possession.(e) ate, unlawfully, violently, forcibly and injuriously did enter, the said shop, warehouse and stable, then and there being in peaceable possession of one R. F. and situate and being in the parish aforesaid, in the county aforesaid, and him the said R. F. from the possession of the same premises with force and arms, and with a strong hand, then and there unlawfully, violently, forcibly and injuriously did expel, put out and remove from the possession of the said premises, with the appurtenances, and him the said R. F. so as aforesaid expelled, put out and removed from the possession of the said premises on the day and year above mentioned, and continually afterwards, until the day of taking this inquisition, with force and arms, and with a strong hand, at, &c. aforesaid, did unlawfully, violently, forcibly and injuriously keep out, and still do keep out, and other wrongs to the said R. F. then and there did, to the great damage of the said R. F. and against the peace of our said lord the king, his crown and dignity. [*1125] tainer on Westmorland. That A. I. late of, &c. on, &c. and be- For a forfore and at the time of committing of the offence hereafter cible enmentioned, was possessed of a certain messuage with the try and deappurtenances, situate, lying and being in, &c. aforesaid, for the stata certain term of years, then and still to come and unexpir- utes. (ƒ) ed, and being so possessed thereof, one A. O. late of, &c. afterwards to wit, on the said &c. into the same messuage, with the appurtenances aforesaid, in, &c. aforesaid, with force and arms, and with strong hand unlawfully did enter, and the said A. I. from the peaceable possession of the said messuage with the appurtenances aforesaid, then and there with force and arms, and with strong hand unlawfully did expel and put out, and the said A. I. from the possession (e) See precedants, Cro. C. C. 362. 8 T. R. 357. 2 Starkie 422. see general note ante 1102 to 1122. (f) See similar precedents, Burn. J. Forcible Entry. 4 Wentw. For a for cible en try into a freehold, st. 5. and 15. R. 2. (5) thereof so as aforesaid, with force and arms, and with a strong hand, being unlawfully expelled and put out, the said A. O. him the said A. I. from the aforesaid, &c. until the day of the taking of this inquisition from the possession of the said messuage, with the appurtenances aforesaid, with force and arms, and with strong hand unlawfully and injuriously then and there did keep out, and doth still keep out, to the great damage of the said A. I. against the peace, &c. and against the form of the statute in that case made and provided. That A. B. late of, &c. and C. D. late of, &c. together with divers other evil disposed persons, and disturbers of the peace of our said lord the king, whose names to the jurors aforesaid are as yet unknown, on, &c. with force and arms, and with a strong hand did enter into, &c. [here state the premises according to the fact,] then and there being the freehold of E. F. and then being in the tenure and occupation of one G. H. and did then and there with force and arms, unlawful[*1126] ly with a strong hand, and without judgment* recovered disseise the said E. F. and expel and eject the said G. H. from his possession of the same, and with force and arms unlawfully, and with a strong hand, from the day and year aforesaid, until the taking of the inquisition, have kept out and still do keep out the said E. F. so disseised as aforesaid, and the said G. H. so ejected and expelled as aforesaid from the said premises, with the appurtenances, against the form of the statute, &c. and against the peace, &c. At common law noise therein, and Worcestershire. That B. late of, &c. being an evil disposed for enter person, and of a furious quarrelsome and turbulent disposi ing a pub- tion, on, &c. that is to say, about the hour of eight in the night lic house, of the same day, with force and arms, at, &c. aforesaid, unmaking a lawfully did enter into the dwelling house of one R. N. there situate, (the same being a public victualling house, and in which divers liege subjects of our said lord the king were threaten- then and there peaceably met and assembled) with the intening bodily tion to disturb the peace of our said lord the king, and that the owner he the said A. B. so being in the said dwelling house, did thereof. then and there unlawfully, wilfully, injuriously and obstinate(h) ly remain there for a long space of time, that is to say, for the space of one hour and more. without the licence and against the will of the said R. N. and did then and there unlawfully, obstinately and injuriously refuse to depart and harm to (g) See a similar precedent, Trem. P. C. 192. Starkie, 423. 6 Wentw. 403. Indictment for a forcible entry to the damage of a person seised of and in five undivided parts of a freehold, 4 Wentw. 150.-for a forcible entry against twelve, 6 Wentw. 428. and see general note ante 1120 to 1122. (h) See a similar precedent Cro. C. A. 15. 2 St. 396, and seelante ch. 9. for indictments for riots in dwelling houses, &c. 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.] 554 CHAPTER XVII. FOR OFFENCES RELATIVE TO SHIPS AND The offence. * PIRACY. Piracy, in its most extended sense, is the committing such illegal acts on the high seas, as would, if committed on [*1127] shore, be felonious. Hawk. b. 1. c. 37. s. 4. It is derived from the Greek pa, 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 admiralty 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 [*1128] what is done on the other, 2 Hale, 16, 54. Hawk. b. 2. c. 9. (a) As to the offence, see in general 3 Inst. 111 to 114. 1 Hale, 254, 5. Hawk, b. 1. c. 37. Com. Dig. Admiralty, A. 3. Bac. Abr. Piracy, 2 East, P. C. 792 to 812. 2 Bla. Com..71, 2. Williams J. Piracy. 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 water mark, the admiralty 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 admiralty court in general, see ante 1 vol. 151 to 156. But in its narrower 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 natural born 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 "That all clergy. The 2 Geo. II. c. 30. further enacts, natural born subjects or denizens who during any war shall commit any hostilities upon the sea; or in any ven, river, creek, or place, where the admiral, &c. has power, authority, or jurisdiction against his majesty's Crim. Law. VOL. III. 4 A ha |