ד
73
Surely this only goes to what constitutes piracy, and not
jure gentium.
to jurisdiction 7. HoC
Hence, it woul1 seem, the legislature must
have contemplated that the provision should apply to all persons who had actually been guilty of piracy jure
gentina. But, according to English law, it is not
only British subjects or aliens within the jurisdiction who may be indicted for piracy jure gentiam but also foreigners who have committed the crime out of the jurisdiction (Supra begin ing of paragraph 31. Hence the legislature must have contemplated that the provision should apply to such persons, having been guilty of piracy jure gentium. The argument here set
out has, for the sake of clarity been based on the
words "immediately after committing the crime of piracy". But, if it is sound in regard to those words, it is impossible to suppose that the legislature contemplated
a more limited set of persons by the words "with intent to comit, or at the time of or immediately before committing the crime of piracy" where an not of piracy jure gentiun
was in question. Put shortly therefore in regard to the whole provision, the argument is that it clearly
applies to persons who are about to commit or have
committed piracy; that piracy must, in the ebeence of
limiting words, be taken as denoting all forme of piracy including piracy jure pentium; that piracy jure
gentium is in English law punishable if committed
by a foreigner out of the jurisdiction; and hence that
where an act of piracy jure gentium or an intention
to com it such an act can be proved, he intention.
will apply to such a person. (16) It is assumed
that in the present case an intention to commit
piracy