Offences at Sea Act 1536

Portrait of Henry VIII (after 1537). Oil on canvas. Walker Art Gallery, Liverpool.In the 14th century Edward III (1327-1377) attempted to set up how admiralty courts should deal with piracy in A Remedy where a Merchant’s Good be robbed or perished on the Sea, but these were rather vague laws and there was often the problem of overlapping jurisdictions when dealing with such a crime. It was wasn’t until the reign of Henry VIII (1509–1547) that significant anti-piracy laws were enacted. Originally titled An Act for Pirates and Robbers on the Sea issued in 1535, it was renamed The Offences of Sea Act in 1536.

This act allowed crimes such as robbery and murder to be tried as if they occurred on land. They could be tried in any county in England in any court commissioned by the king under related common law provisions for these offences. Those found guilty of piracy and treason at sea could not only be sentenced to death, but also have their lands and possessions seized.

The whole act was repealed by section 10(2) of, and part I of schedule 3 to, the Criminal Law Act 1967.

“Where traytors, pirates, thieves, robbers, murtherers and consederates upon the sea, many times escaped unpunished, because the trial of their offences hath heretofore been ordered, judged anddetermined before the admiral, or his lieutenant or commissary, after the course of the civil laws;

The nature whereof is, that before any judgment of death can be given against the offenders, either they must plainly confess their offences (which they will never do without torture or pains) or else their offences be so plainly and directly proved by witness indifferent, such as saw their offences committed, which cannot be gotten but by chance at few times, because such offenders commit their offences upon the sea, and at many times murther and kill such persons being in the ship or boat where they commit their offences, which should witness against them in that behalf; and also such as should bear witness be commonly mariners and shipmen, which, because of their often voyages and passages in the seas, depart without long tarrying and protraction of time, to the great costs and charges as well of the King’s highness, as such as would pursue such offenders.”

You can read the whole act or download it in PDF-format at www.legislation.act.gov.au.

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