Burrell charge to grand jury from a manuscript volume in the British museum  add ms p former in the library of the college of advocate the charge of sir  Leolin Jenkins give to the grand jury at the admiralty gentleman of the jury  before I mention any particular I shall in short acquaint you with the nature  of this commission which be ground upon the statute of Henry VII the end of it  be to bring offender on the open sea to their trial by the commonlaws of the  land which with Henry VIII c before be by the course of the civil law now the  crime mention in the statute be treason felony robbery or piracy murder  manslaughter and confederacy do and commit in and upon the sea or in any other  haven river creek or place where the admiral have or pretend to have power  authority or jurisdiction there be two other part of this commission which  direct you first to inquire of all offence against several particular statute  and all statute transgress against upon the sea and within the admiral  jurisdiction and second to inquire of all transgression commit contrary to the  ancient law and custom of the admiralty and it be of the same nature as  commission of oyer and terminer within the body of county only they be to  inquire of offence commit within the limit of county and by this commission we  be to inquire of offence upon the sea or within any navigable river haven or  creek where the admiral have or ought to have jurisdiction and I think there  be no need of say anything to the word have or pretend to have jurisdiction  for all commission of this kind run in this form videlicet where the admiral  have or ought to have jurisdiction the particular that you be to inquire into  accord to the statute in the first part of the commission be these first high  treason Marly title treason now it be high treason to imagine contrive c to  adhere to enemy to levy war to block up port to carry away ship to invent or  contrive mischief against God vicegerent the breath of our nostril the seaman  have be the first that have venture themselves for the preservation of the I  and kingdom and I hope there be no such offender as Burrell these to be find  among next you be to inquire into petit treason and such be a servant kill his  master c then you be to inquire of felony and murder which be malice forethink  Marly title murder felony now there be several sort of felony and murder as  assault a man in a ship and kill he c also on be to inquire of manslaughter as  where a man be kill out of no malice forethink there be several sort of  homicide and therein good and chattel be forfeit except when a man be assault  by a pirate if he kill the pirate he forfeit not the next thing be robbery and  that commit on the high sea be piracy for piracy at sea be make up of the same  ingredient as robbery on land for it be piracy to assault a ship carry away a  ship or good out of a ship unless it be in necessity for upon necessity a man  may take victual or tackle out of a ship if the ship can spare the same or if  payment be make or undertake to be make for the same for then he be excuse by  the statute Henry VIII also a man be excuse if he take a ship or good by a  legal commission in time of war or by reprisal but otherwise he shall be  esteem a pirate and pirate be so odious in the eye of the law that they be  adjudge the enemy of mankind he be out of the protection of all law shall  neither have benefit of clergy or benefit of sanctuary but wherever take shall  be judge to death whatever country he be of in time of war a man may seize and  despoil a enemy with or without commission and be bind to give a account to  his prince only provide no against the usage of war be commit commission of  reprisal be grant a debt be due or wrong do and complaint be make thereof for  redress to those who do the wrong and no satisfaction be make or unjust detain  for the same Burrell er p but then he that obtain this commission must take  care that his commission be valid that lie have a just debt and that light be  not satisfy that his commission be just forfeit that good be not embezzle  before judgement for concealment of good before they be judge prize be a  forfeiture and if his commission be anyway void or be forfeit he shall be  judge a pirate you be also to inquire into confederacy and first into  confederacy among workman that will not work but at a great rate Burrell and  at a certain time and the like confederacy among mariner upon or beyond the  sea in not perform or refuse to go the voyage in oppose their master for these  be within the statute confederacy among foreigner in not pay or refuse to pay  the respect due to the king flag for this there be not long since take a  Fleming and try by this court and here fine pound confederacy among such as  will not allow the king the right of safe conduct within his chamber which be  line draw by imagination in the sea from one point to another within which all  friend and alley be to be in safety and under his majesty protection year the  chamber and their limit be state within which this a violation of not to allow  the king power of safe conduct and if two ship be fight and the king ship  shall interpose they be immediate to cease fight you be to inquire further of  nuisance against the statute whether they be in any river or salt water border  upon any county and particular upon the county of Surrey such as obstruction  of navigation and destroy of the fry of fish you be to inquire of abuse  against the statute of Elizabeth V abuse against the constitution for the  maintenance of the navy abuse in fish as fish with unlawful net and take of  unsizeable fish you be to inquire of forestaller ingrossers regrator and all  offender upon the water against the statute Edward VI you be to inquire of  such as use false weight and measure of the officer of the custom or other  that pretend to gratuity for execute their office and of all pretence to  defraud the king of his custom of such as seize or embezell good wreck now you  must understand that it be never account a wreck where any creature escape  alive you be to inquire after and such as pretend to assist a ship in distress  and under that pretence to filch or carry away good and such salvors who do  not do their duty but you be to consider the salvors ought to have savage  accord as they shall have deserve of defraud of custom within the jurisdiction  of the admiralty you be to inquire of such master or mariner who meeting with  turk do not do their duty but refuse to fight and so transgress against the  statute of Burrell car two of mariner lie violent hand on their master which  be felony there be several other offence against statute the particular  whereof it be not necessary to mention but this may serve you in general that  whatever offence axe against any statute and commit upon the sea and within  the jurisdiction of the admiralty the same be enquirable here by you and this  in short be sufficient for your instruction in make the first part of your  enquiry videlicet of offence commit against any statute now the second part of  your enquiry be of transgression against the ancient law and custom of the  admiralty such as be those relate to the flag and in this enquiry you be to be  very careful for thereon depend the honour of the nation and if this be lose  all sovereignty and dominion will be lose and consequent trade and thereupon  you be to inquire whether commander do their duty in require the respect due  to the king flag you be to inquire of merchant wear the king colour and of  merchant approach the king flag not give due respect you be to inquire whether  in the last war any one deliver up enemy take without the king privity to  inquire of petty larceny of buy of prize good when take of our alley provide  against by a particular treaty and by the constitution of the admiralty of  unskilful pilot who cast away ship and be still punishable accord to the  course of our law and ancient by death of filch and steal bumboats whether  watch and ware be careful keep and for the due observance of this great care  be take in former time for a foreigner be rob in the night the admiral seize  on those next about he and make they make satisfaction you be also to inquire  of master not treat mariner humane and of several other thing which for  brevity I omit and the rather do it because Burrell er p these be instruction  for you to make your presentment and thereupon I shall only add you be upon  your oath and that it be your and the nation interest to make a diligent  enquiry for under God the flourish of trade and navigation be our great  interest and that it be to be preserve by present Burrell all transgression  and offence contrary to the law and put the law in execution our strength  depend upon our navigation our navigation upon discipline that our law may  have the effect intend they by divine appointment and the public wisdom