92
therefore, tue orthodox definition of piracy be
correct, it would appear that without a robbery no conviction could be obtained for the crime of piracy.
However, on the question at that time, the validity
of that limitation was not accepted by me and i allowed
the indictment to go to the jury.
Now, in consideration of the question of
law reserved, my attention has been drawn to the
record in Fast's "Pleas of the Crown* (volume 11, at
p.007) where it appears that this interpretation
placed upon the statute of Henry Vill is not a matter of scholastic opinion but is based upon a decision
reached by the juiges in conference, Hølt C.J. pre-
siding, in 1702 in connection with the trial of "Rex v. Snape and aires*. The judges decidei, with
two dissentients, that the statute of lienry Vill
extended only to such offences as would be felony
if committed on land. By that decision this court
is bound. it is not open to this court at this
time to hold that incidents at sea which do not
constitute a felony can amount to a piracy punishable
under the statute of Henry Vill.
VIII. Unless, therefore,
the statute founding the jurisdiction of this court
in admiralty offences has created a wider jurisdiction
in piracy than that conferred by statute upon the
courts in Sheland it would appear that my decision
to entertain this indictment was wrong in lav.
The following point may perhaps be
considered arguable, but it seems to me a correct proposition to say that the jurisdiction of the English courts in piracy which was created by tue
statute