AN ABSTRACT Of all SUCH ACTS OF Parliament, Now in FORCE, As Relate to the Admiralty AND Navy of England. LONDON: Printed by S. Bridge in Austin Friars. MDCXCVII. A TABLE TO THIS Abridgement and Abstract. A. ADmiral, and their Deputies, not to meddle with things done within the Realm Page 2. Admiral, Commissioners of Admiralty, to have same Authority Page 46. Admiral not to Exact Money for Licence to Trade Page 6, 7. Commissioners of Admiralty to have Tenth of Prizes to buy Medals Page 54. Admiral's Jurisdiction saved in Stat. 1 & 2 Phil. & Mar. Page 8. Admiral may execute Powers given to Commissioners of Navy Page 43. Commissioners of Admiralty to have Copy of Registry Page 67. Action against Admiral, if act against the Statute 13 Rich II. Page 3. Articles for Government of His Majesty's Navy Page 11. Appeals, vide Delegates. B. BEhaviour, Commissioners of Navy have power to bind to Good Behaviour Page 32. C. COurt of King's Bench, or Commission of Oier and Terminer, to have power to Try Offences against Stat. 13 Car. II. Page 61. Continuance of that Act Page 62. Cinque Ports, their Authority, as to Stat. Hen. VIII page 4, 5. As to Registry of Seamen; And as to Certificates of Registered Seamen inhabiting there Page 74, 89. Chaplain, or Chirurgeon of Ship, not obliged to be Registered Page 74. Cruisers appointed by Act of Parliament Page 77, 79, 91 Commissioners Civil and Military, not to determine on Demise of the King Page 77. Certificate under the Hand of one Justice of Peace for Registered Seamen Page 73. Commissioners of Registry to Examine Matters upon Oath, as to Seamens Wages, and Quakers on Solemn Declaration Page 85, 87. Connusance of things belonging to Admiral Page 1. Commission sur Stat. 27 Hen. VIII. for Trials of Treason Page 4, 5. Clergy, or Sanctuary, not to be allowed to Persons convict on that Statute ibm. Clergy not to be allowed to Imbezlers of Stores Page 36. Carriages by Water for King's Use, Page 26, 27. Counterfeiters of Hand of Treasurer, or Commissioners of Navy Page 41. Commissioners of Prizes, their Duty, Page 52 55, 61 Commissioners of Navys Power as to Imbezlements' Page 33, 38. Certificates to be brought by Registered Persons, Vide Register. D. DIsturbance in Navy Yards, etc. Page 35, 37. Delegates, their Sentence final, Appeal out of Admiralty Court Page 11. Declaration to be taken by Officers of Navy Page 80. Deputies of Admiral, vide jurisdiction. F. FElony to Imbezle King's Stores Page 36. Forfeitures on Stat. 2 & 3 Ed. VI Page 7. Forfeitures on 22 & 23 Car. II. Page 38. Fines to be imposed by Commissioners of Navy Page 32. Fees to be taken for Probate of Wills of Seamen Page 42. Fraud and Abuses in Plantation Trade redressed Page 78. G. GIfts or Rewards not to be taken to exempt Carriages from the King's Service Page 29. I. JVrisdiction of things not belonging to Admiralty Page 2. judgement on Offenders, on Statute 27 & 28 Hen. VIII. Page 4. jury from whence to come on Trials on those Statutes Page 4, 5. justices of Peace to determine Offences of Desertion of Seamen on Statute 18 Hen. VI Page 10. Encouragement for Seamens defending Merchants Ships Page 34. And for Seamen on Board the King's Ships Page 35. Imprisonment of Imbezlers for want of Distress Page 32, 39 Instructions to be given to Captains, of the Statute to Prohibit Trade with France Page 60. justices of Peace to Examine on Oath, as to the truth of Certificates by them given Page 83. L. lords of Manors who claim Wreck Page 2. Licences to Fish to be without Fee Page 7. Liberties, Commissioners of Navy to have power, as well within Liberties, as without Page 33, 42. Licences for Landmen to serve on Shipboard Page 73. M. MVrder and Mayhem done in great Ships in Main Stream, how to be Tried Page 3. Manslaughter and Murder on High Seas Page 4. Mariners Deserting Service Page 49. — Not to be forced to Land-Service Page 10. Manner of taking Fishermen to be Mariners for King's Service Page 10. N. NEcessity, Things taken for Necessity Page 5, 6. Commissioners of Navy power as to imbezling Stores Page 32, 29. Navy, and Commissioners of Navy, vide Commissioners and Imbezlers. O. OAth, Proceed to be on Oath about Disturbances of Seamen Page 32. Oaths to be given by Commissioners of Navy Page 41. And by Commissioners of Admiralty Page 44. Offences not to be twice punished Page 43. Oaths of Allegiance and Supremacy, by whom, and before whom to be taken Page 44, 93. Oath of Court Martial Page 47. Office and Officers for Registering Seamen Page 65. Oaths to be taken by Officers of Registry Page 66. Order of time to be observed in provision for disabled Mariners, their Wives and Children Page 82. P. Penalty and Punishment for Exactions contrary to Stat. 2 & 3 E. VI ca 6. Page 7. Penalty on Offenders against Stat. 13 & 14 Car. II. cap. 20. Page 30. Pressing Ships and Vessels for King's Service Page 28. Persons refusing to serve with Ships when Pressed, how to be punished Page 28. Proviso in the Stat. 13 Car. II. not give greater power to Lord High Admiral Page 26. Punishment for disturbance in Navy Yards, etc. Page 31, 32. Power to discharge Fines by Commissioners of Navy Page 32. Power to make Warrants and search Ships in daytime for imbezled Goods Page 39 Personating Seamen to receive Wages, their Punishment Page 40. Powers given by Stat. 22 & 23 Car. II. may be executed by Ld. High Admiral Page 43. Prohibition of Trade with France Page 47. Prizes to be brought into Port, without breaking Bulk or Imbezlement Page 48. Perishable Goods, how to be disposed ibm. Prise Goods condemned, how to be sold Page 49. Punishment for imbezling Prize Goods Page 51. Prize taken by Man of War, or Privateer, how to be divided Page 50, 51 Prizes taken by Collusion Page 53. Provision made for Registered Seamen, their Wives and Children Page 69, 81, 82 Double share of Prizes to Registered Seamen Page 69 Personating Registered Seamen, or counterfeiting Licence Page 73. Penalty on refusers to take the Oaths, Test, or subscribe Association Page 75, 80 Punishment of Lender's and Borrowers of Registered Seamens Certificates Page 88, 89. Q. QValifications of Officers of the Fleet, as to taking the Oath, Test, etc. Page 80. R. REgistry of Seamen, an Act for that purpose Page 63 Rewards to Registered Seamen Page 68 Registered Seamens Privileges Page 69 Registered Seamen, Aged and Disabled, how to be provided for ibm. — Their Widows and Children, etc. Page 70. — Absenting from Service ibm. — may be expunged by Admiralty. Page 73. In what Cases Persons of 50 years of age may be Registered Page 85 S. ships exempted from pressing Page 30. Sentence of Death sur Statute 13 Car. II. not to be inflicted without leave from Lord High Admiral Page 25. Sentence of Death by Court Marshal ibm. Saving of Admiral's Jurisdiction Page 8. Saving Franchises to private Persons Page 10. Savage for retaken Ships Page 59 Seamen allowed Colliers not to be pressed Page 90. T. Trials of Heresies, Murders and Felonies on High Sea Page 4, 5. Time to prove Property of Wrecked Goods Page 1. Trinity-House, None to be Masters of, unless Registered Page 71. Trinity-House to settle Rates of Pressed Ships Page 28. Trial of Offences against Stat. 13 Car. II. by Court of King's Bench, or Commission of Oyer and Terminer Page 61. V Vouching Seamen to be Landmen Page 73. W. WReck not inquirable in Court of Admiralty Page 2. — The Description thereof, and what to be done therewith Page 1. Warrant of Commissioners of Navy, to search for imbezzled Goods Page 39 Wages of all Seamen to pay 6 d. per Mensem Page 71. Warrant-Officers of Navy need not take the Sacrament Page 81. Y. YEar and Day, Property of Wrecked Goods, in that time to be proved Page 2. AN ABSTRACT AND Abridgement of such Statutes as are now in Force, and Concern the Lord High Admiral of England, Commissioners for Executing the Office of Lord High Admiral, and the Jurisdiction of the Admiralty of England; The Commissioners of the Navy; The Commissioners for Registering Seamen; The Navy of England, and Sailors and Mariners therein. Anno 3 Edw. I. cap. iv. COncerning Wreck Wreck. at Sea: Where a Man, Dog or Cat, Escape out of the Ship Quick, that Ship or Barge, etc. or any thing within them, shall not be adjudged Wreck; but the Goods shall be saved, and kept by the View of the Sheriff, Coroner, or the King's Bailiff; So that if any Sue for the said Goods, and prove they were his within a Year and a Day, they shall be restored without delay; And where Wreck belongs to any other than the King, Lord who Claimeth Wreck. he shall have it in like manner. Anno 13 Rich. II. cap. v. Admiral. THat the Admirals and their Deputies should not meddle of any thing done within the Realm, but only of a thing done upon the Sea, as it hath been used in the time of the Honourable Prince Edward, Grandfather of Richard the Second. Anno 15 Rich. II. cap. three Admirals. IT is declared, That of all manner of Contracts, Pleas and Quarrels, and of all other things done, rising within the Bodies of Counties, Wrecks. as well by Land as by Water; and also Wreck of the Sea, The Admiral's Court shall have no manner of Connisance, Power or jurisdiction, Jurisdiction. but they to be determined by Laws of the Land, Not before Admiral. Nevertheless, of the Death of a Man, Murder, Mayhem. and of Mayhem done in great Ships, being in the main Stream of great Rivers, only beneath the first Bridge of the same Rivers near the Sea, the Admiral shall have Connisance, And also, to Arrest Ships Arrest Ships. in the great Floats for the great Voyages of the King and the Realm, saving always to the King all manner of Forfeitures, Admiralty Jurisdiction of Floats. And he shall have also jurisdiction of the said Floats during the said Voyages only. Anno 2 Hen. IV. cap. xi. THe Statute 13 Richard the Second confirmed, Action contra Admiral. and Action given against the Admiral, etc. by Party grieved, is Prosecuted contrary to the Statute. Anno 27 Hen. VIII. cap. iv. Pirates, Manslaughter. I. THe Statute recites the inconveniency of Trying of Pirates, Manslaughters at the Civil Law, and Enacts, That all such Offences done in or upon the High Sea, or in any other River, Haven or Creek, where the Admiral, etc. pretend to have jurisdiction, shall be Inquired, Trial of Piracy. Tried and Determined in such Shires as shall be limited in King's Commission Commission. under the Great Seal to Admiral, etc. Directed to Hear and Determine such Offences according to Common Course of the Laws of the Land. II. To inquire by jury as if Offences committed at Land, upon Indictment for such Offence, like Trial, Trial. etc. as in Case of Offences committed at Land: And Persons Convict Persons Convict. shall have and suffer such Pains of Death, Loss of Lands, etc. as if they had been Convicted of Felony or Murder done on Land. Judgement. III. No Clergy or Sanctuary to be allowed. Clergy, Sanctuary. iv Proviso, That things taken for Necessity, Things taken for necessity. Persons so taking shall not be punished, if give Security for Payment. V If Commission directed with in jurisdiction of Cinque Ports, Cinque-Ports. Then to be directed to the Lord Warden, etc. In Case of such Commission within Cinque Ports, Trial in Cinque Ports. Trial to be by the Inhabitants of Cinque-Ports. Anno 28 Hen. VIII. cap. xv. I. REcites where Traitors, Pirates, Traitors. Pirates, Thiefs, Robbers, Murderers and Confederates upon the Sea have escaped un-punished because of the difficulty of Proceed before Lord Admiral according to Course of Civil Law, Directs Trial Directs Trial. by Commission under Great Seal, Commission to Admiral. directed to the Lord High Admiral and other, of Treasons, Felonies, Robberies, Murders and Confederacies committed on Sea, etc. to hear and determine as the Common Law of Land directs. II. Commissioners have Authority to Proceed by Inquest to take Indictments by Oath of Twelve jurors Inhabitants in County limited in Commission, Inquest by Jury. Such Trial to be had, and judgement Judgement. on Persons Convict, as if for like Offences at Land. III. Proviso to take away Clergy Clergy. from Persons Convict on that Commission. Things taken for necessity. iv Like Direction for things taken for necessity, and giving Security for Payment, as in 27 Hen. 8. V Like Directions as 27 Hen. 8. for Commissioners of Cinque Ports. VI Like Directions for Trial on such Commission by Inhabitants of Cinque Ports. Anno 2 & 3 Edward. VI cap. vi. AN Act that the Admiral of England, nor any of his Officers, shall not Exact any Sums of Money for Licence to Trade to Ireland, etc. First Recites, That for few years then past, there has been taken by certain Officers of the Admiralty of such Merchants as practised Adventures into Island, Newfoundland, Ireland, and other Places commodious for Fishing, divers great Sums of Money; And whereas great Complaints thereof hath been made, To the end the more Plenty of Fish may be brought into the Realm, and the same may be had at a more reasonable Price. It is Enacted, Not to Exact. That neither the Admiral, nor any Officers nor Ministers of the Admiralty shall at any time hereafter Exact, etc. by himself or his Servants, etc. of any such Merchant or Fisherman, any sum or sums of Money, Doles or Thirds of Fish for any Licence to pass this Realm to the said Voyages, or any of them, upon pain of forfeiture Forfeiture. for the first Offence triple the sum or sums of the Reward so received, for which Forfeiture the Party grieved, or any other Person to sue for the same, the King to have one Moiety, Given to Party grieved. and the Party grieved the other, and no Protection to be allowed for the second Offence, Second Offence. the Party offending to forfeit his or or their Offices in the Admiralty, Punishment. and to make Fine and Ransom. Anno 1 & 2 Phil. & Mar. cap. v. AN Act to restrain carrying of Corn, Victuals and Wood over the Seas, It Recites the Mischief, and gives Forfeiture of Ship and Goods in Case of Transportation without Licence; enables justices of the Peace to hear and determine Offences against that Act, and in it is a Proviso, Proviso. That that Act shall not be prejudicial unto the Lord Admiral, or the King and Queen's jurisdiction of Admiralty; but that the Lord High Admiral or Deputies may execute all kind of jurisdiction belonging to the Sea, Admiral's Jurisdiction saved. according as might have been done before the making of this Statute. Anno 5 Eliz. cap. v. An Act touching Politic Constitutions of the Navy. THIS Act only provides an Encouragement for Fishing, and for the Transportation thereof into England: And also of Corn, and other Native Commodities, and hinders the Importation of divers Goods into England, but no way concerns the Admiralty or Navy, only in these Sections following: Sect. 27. Where doubt has been made whether 18 Hen. 6. cap. 19 heretofore made against Soldiers retained departing without Licence from their Captain did extend to Mariners and Gunners; It is Enacted and Declared, That the said Statute of 18. Hen. 6. 18 Hen. 6. cap. 19 extends to Sailors. in all Pains and other Forfeitures, did and doth extend to every Mariner and Gunner having taken Press-Wages to serve the Queen's Majesty her Heirs and Successors. Justices of Peace to determine the Offences. ¶ Nota: The Punishment by the 18th of Hen. VI is as Felony, and the Justices of the Peace have the Power to inquire and determine those Offences. Seamen not to be forced to be Soldiers. Sect. 41. Fishermen and Mariners shall not be Compelled to serve as Soldiers at Land, except it shall be to serve under any Captain of Ship for Landing to do some special Exploit, or under any other Person having Authority to withstand Invasion of Enemies. Saving of Franchises. Sect. 42. This Act not to take away the Liberty, Franchises, Fines, Issues, Wrecks of the Sea, or any other Lawful Inheritance or Freehold of any Person Natural or Politic, for or touching any Liberty or jurisdiction Admiral, Jurisdiction Admiral. or for Conservation of any Water. The manner of taking Fishermen to be Mariners for the King. Sect. 43. That no Fishermen to be taken by Commission to serve Her Majesty as a Mariner on the Sea, but the Commission be first brought by her Highness' Taker to Her Two justices of Peace next Inhabiting Sea Coasts, etc. where the said Mariners are to be taken, to the intent the justice may choose out, and cause to be returned such sufficient number of able Men as in Commission contained, to serve Her Majesty. Proviso, No greater Authority to Admiral. That this Act shall give no greater Authority to Lord High Admiral, or to the jurisdiction of the Admiralty than had before the making of this Statute. Anno 8 Eliz. cap. v. FOr the avoiding tedious Suits in Civil and Marine Causes, Appeals from Admiralty. All and every such judgement and Sentence as shall be pronounced upon Appeal to be made in Chancery by Commissioners under half Seal, Sentence of Delegates final. shall be final, and no Appeal to be made from the said Sentence. Anno 13 Car. II. cap. ix. AN Act for the establishing Articles and Orders for the Regulating and better Government of His Majesty's Navy, Ships of War, and Forces by Sea. For Regulating and better Government of His Majesty's Navies, Ships of War, and Forces by Sea, It is Enacted, That all and every the Articles and Orders in this Act mentioned, shall be only and respectively put in Execution and obeyed, etc. The Public Worship of God. I. That all Commanders, etc. shall cause the Public Worship of Almighty God, according to the Liturgy of the Church of England, to be solemnly and duly performed in their respective Ships, and that Prayers and Preaching by their respective Chaplains be performed diligently, and the Lord's Day observed according to Law. Swearing and Drunkenness. II. Every Person in His Majesty's Pay, using unlawful and rash Oaths, Curse, Execrations, Drunkenness, Uncleanness, or other scandalous Actions in derogation of God's Honour, and Corruption of Good Manners, shall be punished by Fine, Imprisonment or otherwise, as Court Marshal shall think fit. III. If any Officer, Mariner, Soldier, Holding any Foreign Intelligence. or other Person in the Fleet, shall give, hold or entertain any Intelligence to or with any King, Prince or State, being Enemy to, or any Person in Rebellion against His Majesty, etc. without directions or leave from the King's Majesty, the Lord High Admiral, Vice Admiral, or Commander in Chief of any Squadron, such Person or Persons so offending, shall be punished with Death. iv Letter or Message from any Foreign Prince, etc. Enemy to the King. If any Letter or Message from any King, Foreign Prince, State or Potentate, being an Enemy to the King's Majesty, his Heirs and Successors, or on their behalf be conveyed to any inferior Officer, Mariner or Soldier, or other, in the Fleet, and the said Officer, etc. do not within two hours, (having opportunity so to do) acquaint the superior Commander of it; Or if a superior Officer or Commander or Mariner being acquainted therewith by an inferior Officer; Or himself in his own Person receiving a Letter, or Message from any such Enemy or Rebel, and shall not in convenient time reveal the same to the Admiral, Vice-Admiral, or the Commander of the Squadron, Every such Person shall be punished with Death, or such other punishment as the Court Marshal shall think fit. Relieving of an Enemy. V. No Person or Persons in the Fleet shall relieve an Enemy or Rebel in the time of War with Money, Victuals, Powder, Shot, Arms, Ammunition, or any other Supplies whatsoever, directly or indirectly, upon Pain of Death, or such Punishment as the Court Marshal shall think fit to impose. Papers, Charter-parties, etc. taken in any Ship as Prize. VI All the Papers, Charter-Parties, Bills of Lading, Passports and other Writings whatsoever, that shall be taken, seized or found aboard any Ship or Ships which shall be surprised or seized as Prize, shall be duly preserved, and not torn nor made away, but the very Originals sent up entirely and without fraud to the Court of Admiralty, or such other Commissioners as shall be appointed for that purpose, there to be viewed, made use of and proceeded upon according to Law, upon Pain of Loss of all the Shares of the Takers, and such other Punishment to be inflicted on the Offender therein as the Quality of the Offence and Misdemeanour shall be found to deserve, and the Court Marshal shall impose. Ptize Goods, or Goods seized for Prize. VII. None in His Majesty's Pay shall take out of any Prize, or Ship, or Goods seized, or for Prize any Money, Plate, Goods taking, or Tackle before judgement thereof first passed in Admiralty Court, but the full and entire account of the whole without Imbezlement shall be brought in, and judgement pass entirely upon the whole without Fraud, upon pain of such punishment as shall be imposed by a Court Marshal, or Court of Admiralty, Excepting, That it shall be lawful for all Captains, Seamen and others, serving as aforesaid, to take and to have to themselves, as Pillage, without further, or other account to be given for the same, all such Goods and Merchandizes (other than Arms, Ammunition, Tackle, May take other Goods on Gun Deck (except Tackle, etc.) as Pillage. Furniture or Stores of such Ship) as shall be found by them in any Ship they shall Fight or Take as Prize, upon or above the Gun-Deck of the said Ship, and not otherwise. VIII. None shall imbezle, Imbezling Cables, Anchors, etc. steal or take away any Cables, Anchors, Sails, or any of the Ships Furniture, or any Powder, or any Arms or Ammunition of the Ship, upon Pain of Death, or other Punishment, as the quality of the Offence shall be found by a Court Martial. Foreign Ships taken as Prize not making Resistance. IX. If any Foreign Ship or Vessel shall be taken as a Prize, that shall not Fight or make Resistance, that in that Case none of the Captains, Masters or Mariners, being Foreigners, shall be stripped of their , or in any sort Pillaged, beaten or evilly entreated, upon Pain that the Person or Persons so offending shall Forfeit double Damages, but the said Foreign Ships, and all the Goods so taken, shall be reserved entire to receive judgement in the Admiralty Court according to Right and justice. The Duty of Captains, etc. upon Signal of Fight. X. Every Captain or Commander who upon Signal or Order of Fight or View or Sight of any of the Ships of the Enemy, Pirate or Rebel, or likelihood of Engagement, shall not put all things in the Ship in fit posture for the Fight, And shall not in his own Person, and according to his Place hearten and encourage the Inferior Officers and Common Men to Fight courageously, and not to behave themselves faintly, shall be Cashiered, And if he or they shall Yield to the Enemy, Not to Yield, or Cry for Quarter. he or they so doing, shall suffer the Pains of Death, or such other Punishment as the Offence shall deserve. XI. All Officers to observe the Commands of the Admiral, etc. Every Captain or Commander, or other Officer, Seaman or Soldier, in any Ship, Frigate or Vessel of War shall duly observe the Commands of the Admiral, or other his Superior or Commander of any Squadron, as well for the assailing or setting upon any Fleet, Squadron or Ships of the Enemy, Pirate or Rebel, or joining Battle with them, or making Defence against them, as all other the Commands of the Admiral, or other his superior Commander, upon Pain to suffer Death or other Punishment, as the Quality of his Neglect or Offence shall deserve. XII. Every Captain, Officers that in time of Fight, shall not Fight, or withdraw. and all other Officers, Mariners and Soldiers of every Ship, Frigate or Vessel of War that shall in Time of Fight or Engagement withdraw, keep back, or not come into the Fight, or Engage and do his Utmost to kill, take and damage the Enemy, Pirate and Rebels, and assist and relieve all and every His Majesty's Ships, shall for such Offence or Cowardice, or other disaffection, be Tried, and suffer Pains of Death, or other Punishment, Penalty. as the circumstance of such Offence shall deserve, and the Court Marshal judge fit. Officers and Ships appointed for Convoy, their Duty. XIII. The Captains, Officers and Seamen of all Ships appointed for Convoy and Guard of all Merchant Ships, or any other, shall diligently attend on that Charge without delay, according to their Instructions on that behalf; and whosoever shall be found faulty therein, and shall not faithfully perform the same, and defend the Ships and Goods in their Convoy, without either diverting to other Parts, or Occasions, or refusing or neglecting to Fight in their Defence if they be set upon or assailed, or running away Cowardly, and submitting those in their Convoy to Hazard and Peril, or shall Demand and Exact any Money or other Reward from any Merchant or Master for Convoying any such Ships or Vessels belonging to His Majesty's Subjects, shall be Condemned to make Reparation of the Damage to the Merchants, Owners or others, as the Court of Admiralty shall adjudge, And also be punished criminally, according to the Quality of their Offences, be it by Pain of Death, or other Punishment, according as shall be adjudged fit by Court Marshal. XIV. Penalty for not chase an Enemy, or not relieving a Friend. Whatever Person or Persons in or belonging to the Fleet, either through Cowardice, Negligence or Disaffection, shall forbear to pursue the Chase of any Enemy or Rebel, or Pirate, beaten or flying, or shall not relieve or assist a known Friend in View, to the utmost of his power, shall be punished with Death, or otherwise, as a Court Marshal shall find fit. XV. When at any Time, Service commanded, shall not be stopped or discouraged Service or Action shall be Commanded, no Man shall presume to stop, or put backward, or discourage the said Service and Action by pretence of Arrears of Wages, or upon any pretence of Wages whatsoever, upon pain of Death. XVI. All Sea-Captains, None shall betray their Trust, or yield to the Enemy. Officers and Seamen that shall betray their Trust, or turn to the Enemy, Pirate or Rebel, and either run away with the Ship or any Ordinance, Ammunition, or Provision, to the weakening of the Service, or yield the same to the Enemy, Pirate or Rebels, shall be punished with Death. Deserting the Service, or running away, or enticing others so to do. XVII. All Sea-Captains, Officers or Mariners that shall Desert the Service or Employment in their Ships; or shall run away, or entice others so to do, shall be punished with Death. XVIII. All Persons whatsoever that shall come, or be found in the nature of Spies Spies. to bring any seducing Letters or Messages from any Enemy, or Rebel, or shall attempt or endeavour to Corrupt any Captain, Officer or Mariner, or other of the Navy or Fleet, to betray his or their Trust, and Yield up any Ship, Ammunition, Their punishment. or Men to the Enemy or Rebel shall be punished with Death. XIX. No Person in or belonging to the Fleet shall Utter any Words of Sedition, Mutiny, Sedition. or Mutiny, or endeavour to make any Mutinous Assemblies upon any Pretence whatsoever, upon pain of Death. Punishment. Concealers of Traitorous, or Mutinous Practices or Words. XX. No Person in or belonging to the Fleet shall conceal any Traitorous or Mutinous Practices, Designs or Words, or any Words spoken by any to the prejudice of His Majesty or his Government, or any Words Practices or Designs tending to the hindrance of the Service, but shall forthwith reveal the same to his superior, That a meet Proceeding may be had thereupon, upon Pain of such Punishment Punishment. as a Court Martial shall find to be just. XXI. Quarrelling or striking a superior Officer. None shall presume to quarrel with his Superior Officer, upon Pain of severe Punishment, nor to strike any such upon Pain of Death, or otherwise, as a Court Martial shall find the nature of the matter to deserve. XXII. Unwholesomeness of Victuals. If any of the Fleet find cause of Complaint of the unwholesomeness of the Victuals, or upon other just grounds, he shall quietly make the same known to his Superior, or Captain, or Commander in chief, as the Occasion shall require, That such present Remedy may be had as the matter may require, and the said Superior or Commander is to cause the same to be presently remedied accordingly; But no Person upon any such or other pretence, shall privately stir up any disturbance upon Pain of such severe Punishment as a Court Martial shall think fit to inflict. Quarrelling or provoking Speeches. XXIII. None shall quarrel or fight in the Ship, nor use reproachful or provoking Speeches tending to make any Quarrel or Disturbance upon Pain of Imprisonment, and such other Punishment Punishment. as the Offence shall deserve, and the Court Martial shall impose. Wasteful Expenses of Ammunition. XXIV. That there be no wasteful Erpence of any Powder, Shot, Ammunition, or other Stores in the Fleet, nor any Imbezlement thereof, but that the Stores and Provisions be carefully preserved, upon such Penalty by Fine, Imprisonment, or otherwise, upon the Offenders, Abettors, Buyers and Receivers, Buyers and Receivers. as shall be by a Court Martial found just in that behalf. Care of Conducting and Steering Ships XXV. That care be taken in the Conducting and Steering of Ships that through wilfulness, negligence or other defaults none of His Majesty's Ships be stranded or run upon any Rocks or Sands, or split, or hazarded, upon Pain that such as shall be found guilty be punished by Fine, Punishment. Imprisonment or otherwise, as the Offence by a Court Martial shall be judged to deserve. XXVI. Burning Ships etc. All Persons that shall willingly burn or set Fire on any Ship or Magazine, or Store of Powder, or Ship, Boat, Catch, Hoys or Vessel, Tackle or Furniture thereto belonging, not appertaining to an Enemy or Rebel, shall be punished with Death. Death. XXVII. Sleeping on Watch. No Man in or belonging to the Fleet shall sleep upon his Watch, or negligently perform the Duty imposed on him, or forsake his Station, upon Pain of Death, or other Punishment Punishment. as the circumstances of the Case shall require. XXVIII. All Murders Murders. and wilful killing of any Person in the Ship shall be punished with Death. XXIX. All Robbery and Theft Robbery and Theft. committed by any Person belonging to or in the Fleet, shall be punished with Death or otherwise, as the Court Martial upon Consideration shall find meet. Punishment. XXX. No Provost Marshal Provost Marshal. belonging to the Fleet shall refuse to receive or keep any Prisoner committed to his Charge, Prisoners. nor suffer him to Escape Escape. being once in his Custody, nor dismiss him without order upon Pain of being liable to the same Punishment which should have been inflicted on the Party dismissed, or permitted to Escape, or such other Punishment as the Court Martial shall think fit. Punishment for Escape. Captains, etc. apprehending Offenders, etc. to be assisting. XXXI. All Captains, Officers and Seamen shall do their Endeavours to detect, apprehend and bring to Punishment all Offenders, and shall assist the Officers appointed for that purpose therein, upon Pain to be proceeded against and punished by the Court Martial at discretion. Punishment. Sodomy and Buggery, XXXII. If any Person or Persons shall commit the un-natural and detestable Sin of Buggery and Sodomy with Man or Beast, he shall be punished with Death Death. without Mercy. Where Faults and Misdemeanours have no Punishment prescribed. XXXIII. All other Faults, Misdemeanours and Disorders committed at Sea not mentioned in this Act, shall be punished according to the Laws and Customs in such Cases used at Sea. Lord Admiral grant Commission. XXXIV. The Lord Admiral to have full power to grant Commissions to inferior Vice-admirals' or Commanders in Chief of any Squadron of Ships, to call and assemble Court Marshals, Court Marshal to consist of Commanders and Captains. consisting of Commanders and Captains; and no Court Martial, where the pain of Death shall be inflicted, shall consist of less than 5 Captains at the least, the Admiral's Lieutenant to be esteemed as a Captain; Five at least where Death, And in no Case where Sentence of Death shall pass by Virtue of this Act (Except in Case of Mutiny) there shall be Execution of Sentence of Death without the leave of the Lord High Admiral if Offence committed within Narrow Seas, Sentence of Death not to be inflicted without leave of Lord High Admiral. Or of Commander of Squadron. but in Case of Offences committed in any Voyage beyond, whereupon Sentence of Death, than Execution shall not be done but by order of Commander in Chief of that Fleet or Squadron wherein Sentence of Death was passed. XXXV. Judge Advocate to administer an Oath That the judge Advocate of any Fleet to have power to Administer an Oath to any Person or Witness in order to Examination or Trial of the aforesaid Offences, and in the absence of a judge Advocate the Court Marshal shall have full Power and Authority to appoint any Person to administer an Oath to the purpose aforesaid. Or Court Marshal to appoint one in absence of Advocate. Proviso, touching Power of Lord High Admiral, etc. XXXVI. Proviso, that this Act shall give no larger Power, etc. to the Lord High Admiral, etc. than they lawfully had before making of this Act, other than for such of the Offences mentioned and specified in the several Articles as hereafter shall be done in the Main Sea, or in Ships &c. being in the Main Stream of Great Rivers only beneath the Bridges of the same Rivers near the Sea within the jurisdiction of the Admiralty, and Committed by such Persons as shall be in actual Pay and serve in His Majesty's Fleet and Ships. Anno 13 & 14 Car. II. cap. xx. An Act for providing of Carriages by Land or by Water for the Use of His Majesty's Navy and Ordnance. How Carriages be provided for Navy, and Ordnance IT is Enacted, That from and after the 24th of June 1662., as often as the Service of His Majesty's Navy or Ordnance shall require any Carriages by Land, upon Notice given in Writing by Warrant under the Hand and Seal of the Lord High Admiral, or under the Hands and Seals of Two or more of His Majesty's Commissioners of the Navy, or under Hand and Seal of the Master of the Ordnance, or Lieutenant of the Ordnance for providing Carriages for the Navy or Ordnance, unto Two or more justices dwelling near the place where the Carriages shall be required, the justices may and shall issue their Warrants to the adjacent Parishes, etc. as they shall think fit within their respective jurisdictions and Counties not being above Twelve Miles distant from the place of Lading for the sending to a certain place at a certain time to be mentioned in the Warrants, such a number of Carriages with Horses and Oxen sufficient for the said Service, as by the said Lord High Admiral, Lord High Admiral, etc. Commissioners of the Navy, or aforesaid Officers of the Ordnance shall be respectively required under their Hands and Seals, the Owners of the respective Carriages shall receive for every Load of Timber per Mile, Price for Carriages. One Shilling for every reputed Mile they shall go Loaden, and for other Provision the Sum of Eight Pence per Mile; That it shall be lawful for the Lord High Admiral by Warrant under his Hand and Seal, Pressing of Ships and Vessels for Carriage. and for the aforesaid Principal Officers and Commissioners under their Hands and Seals of two or more, as also for the Master of the Ordnance, or for the Lieutenant of the Ordnance by Warrant under their Hands and Seals of either of them as often as His Majesty's Service shall require Carriage by Water, to appoint such person as they shall judge fit to impress and take up such Ships, Hoys or Vessels as shall be necessary for Accommodation of His Majesty's Service, the Owners to be Paid by the Tun, as usually by Merchants, And if the Owners and His Majesty's Officers cannot agree, The Rates to be paid, and how to be settled. Then the Rate to be settled by the Brotherhood of Trinity-House. Persons refusing to be punished, and before whom. If any Subject refuse or neglect, on reasonable notice, to make Appearance with sufficient Carriages, or provide and furnish Ships or Lighters, etc. or shall after they have undertaken such service, neglect or delay the same, then upon due Proof, Conviction of such neglect and refusal, by the Oath of the Constable or other Officer, or two other credible Witnesses before the said justices or Mayor, or other chief Officer of the City, etc. for the Land Carriages: For the Water-Carriages by the Oath of the Person appointed by Lord High Admiral, the Principal Commissioners of the Navy, or Master, or Lieutenant of the Ordnance, or two Credible Witnesses before the Officers and Commissioners of His Majesty's Navy, or Master, or Lieutenant of the Ordnance shall for every refusal forfeit the Sum of 20 s. for the Land Carriage, and for the Water Carriage Triple the Freight of such Ship, etc. not exceeding 50 l. in the whole, To be forthwith Levied in default of Payment to His Majesties Use by Warrant under the Hand of the aforesaid respective Officers before whom Proof and Conviction (by distress) rendering the Overplus, if any. Provided, That no Horses, Continuance in service. etc. shall be enforced to Travel more days journey from the Place they receive their Lading than expressed in justice's Warrant, And that ready payment shall be made at the Place of Lading, without delay, Present Payment. according to the aforesaid Rates. Provided, No Gifts or Reward to be taken to spare any one. That in Case any justice, chief Officer, Constable or Person by Lord High Admiral, Commissioners of the Navy, and Officers of the Ordnance respectively, shall take any Gift or Reward to spare any Person, or shall injuriously charge any Person through Envy, etc. who ought not to make such Carriages, No more Carriages, etc. to be taken than necessary. or shall Impress more Carriages than necessary, or shall be commanded by his superior Officer, upon conviction shall forfeit 10 l. to the Party grieved, to be sued for in His Majesty's Court of Record, No Essoigne or Protection to be allowed, And in case any Person shall take upon him to Impress any Horses, No Person to Impress, other than Authorized in this Act. etc. Ships, Hoys, etc. other than the Persons impower'd as aforesaid, upon Conviction shall suffer Punishment in Stat. 12 Car. II. cap. 24. Penalty 12 Car. II. cap. 24 which ordains Commitment by justices of Offender, and Treble Costs and Damages to Party grieved. Ships exempted. Ships and Vessels Freighted by Charter-Party, bona Fide, if other Ships in Port fitting for Service, or any Vessel laden with any Goods outward-bound, shall not be liable to Impress for any the Services aforesaid. Continuance of the Act. This Act to be in Force until the end of next Session of Parliament, Revived for Seven Years per Statut. Anno 1 Jac. II. & 4 Will. & Mar. Inhabitants of New Forest of Southampton may be allowed 4 d. for every Mile, for so many Miles as their Carriages shall go empty to Place of Lading. Anno 16 Car. II. cap. v. An Act to prevent the disturbances of Seamen and others: And to preserve the Stores belonging to His Majesty's Navy Royal. I. REcites divers Fightings, Recitals of disturbances in the Navy, Yards, etc. Quarrels, etc. do often happen in His Majesty's Yards, Offices, etc. belonging to the Navy, and frequent disorders happen in the Office of the Treasury of the Navy in Pay-Days in London, etc. either by the Turbulence of Seamen, or Rudeness of Officers when questioned by the Commissioners about the Imbezlement of Stores, Provisions, etc. II. It is Enacted, Who may punish Offenders That the Treasurer, controller, Surveyor, Clerk of the Accounts, and the Commissioners of the Navy for the time being, or any Two or more of them, have Power to Examine all such Offenders, or Persons, whom they upon their Inquiry or Examination, or in view in their Presence shall find hereafter to make, or have made any Disturbance, Fight or Quarrelling in the Yards or Offices aforesaid on Pay-Days, or on other Occasions relating to the Naval Services, as followeth, viz. They or any Two of them may punish any of the said Offences by Fine, Punishment. Imprisonment, or either of them, the Fine not exceeding 20 s. and the Imprisonment not exceeding one Week, and have power to Commit to next Goal, or to Messenger attending on them. Power to discharge Fine, etc. III. The Commissioners or the greater part then present, have power to discharge the said Fine or Imprisonment, if they shall think fit, and for non payment to imprison the Party offending till Paid; To Imprison for nonpayment. Proceed on Oath. To be Paid to the use of the Chest at Chatham, the Proceed to be on Oath. Binding to good Behaviour. iv That the Officers or any Two of them (in case of need for greater Example) may bind to the Good Behaviour, with or without Securities, as Occasion shall be. V Imbezling Stores. Whereas His Majesty's Stores, etc. belonging to the Navy are embezzled or filched away. It is Enacted, Commissioners Power as to Imbezling King's Stores. That the Principal Commissioners or Treasurers, or any Two, or more, by Warrant under their Hands and Seals, have power in like manner to inquire and search for the same in all places, as justices of the Peace may do in Cases of Felony, and punish the Offenders by such Fine and Imprisonment as aforesaid, and cause the Goods to be brought in again: If Offence be of such Nature as to require higher Punishment, Then that they or any Two or more of them may commit Offender to Goal, or to the Custody of their Messenger till the Offender enter into Recognizance with Sureties according to the Nature of the Offence, to appear and answer the same in the Exchequer or other Court where His Majesty shall question him or them for the same within one Year next. The Commissioners or any Two of them may put in Execution this Act in all places where they hold Offices for the King, Power of Commissioners within Liberties. as well within the Liberties, as without, This Act to continue from the first of June 1664 for Two Years, continued per Statut. 19 Car. II. cap. seven. Anno 16 Car. II. cap. vi. An Act to prevent the Delivering Up of Merchant Ships, and for the better Encouragement of Captains, etc. to defend their Ships. Sect. 10. Encouragement for sailors defending Merchant Ships. IT is Enacted, That when any English Ship shall have been defended by Fight, and brought to her designed Ports, in which Fight any of the Officers or Seamen shall be wounded, It shall be lawful for judge of the Admiralty, etc. at her return, to call before him the Adventurers or Owners of the Ships and Goods so defended, and by advice with them to levy and raise such sums as himself shall think reasonable, not exceeding 2 per Cent. of the prime Cost, and to distribute the same with the consent of Three of the Owners, to the Captain, Officers and Sailors of the said Ship, and Widows and Children of Parties slain, the Act to continue for Three Years, continued per Statut. 22 Car. II. cap. xi. Anno 19 Car. II. cap. seven. An Act to prevent Disturbances of Seamen and others, and to preserve the Stores belonging to His Majesty's Navy Royal. THE same as the Statut. 16 Car. II. Sect. 6. Encouragement for Mariners, etc. Ordinary, etc. to take but 12 d. for Probate, Will, etc. cap. v. and further Enacts, That for better encouragement of Mariners etc. Serving in His Majesty's Fleet etc. No Ordinary, Register etc. shall take or receive of the Executor or Administrator, dying in the pay of His Majesty's Navy above the Sum of 12 d. for the Probate of any Will or granting Administration or any matter Relating to same, upon Forfeiture of 10 l. to Party grieved, altered and repealed by Statut. 22. & 23 Car. II. cap. 2. revived. This Act to continue Two Years, Sect. 7. but afterward revived per Statut. 22 & 23 Car II. cap. xxiii. Anno 22 Car. II. cap. v. An Act for the taking away the benefit of Clergy from such as steal Cloth from the Rack, and from such as shall Steal or Imbezzle His Majesty's Ammunition and Stores. Sect. 2 WHereas by an Act made 31 Eliz. It is amongst other things Enacted, 31 Eliz. cap. 4. Imbezlement of Munition, and Habiliments of War. That if any Person having the Charge or Custody of any Armour, Ordnance, Munition, Shot, Powder or Habilments of War belonging to the Queen etc. Or if any Victuals provided for the Victualling of any Soldiers, Gunners, Mariners or Pioners, shall for any Lucre or Gain, or willingly, etc. Imbezle, Purloyn or convey away any the same Armour, Ordnance, Munition, Shot or Powder Habilment of War or Victuals, to the Value of 20 s. at one or several times, the Offence shall be judged Felony, Felony. And the Offender to suffer as in Case of Felony. Sect. 3 It is Enacted, That no Person who shall from and after the 25th May 1670, Imbezlers, etc. hindered from Clergy. be Indicted for any Offence Committed against the said recited Act or shall Feloniously steal or imbezle any of His Majesty's Sails Cordage or any other of His Majesty's Naval Stores to the Value of Twenty Shillings and thereof shall be Convicted by jury shall not have benefit of Clergy. Anno 22 & 23 Car. II. cap. v. An Act to revive an Act to prevent the disturbance of Seamen and others, and to preserve the Stores belonging to His Majesty's Navy Royal, with some Alterations and Additions. Recital of the Act made 19 Car. II. cap. 7. REcital, Stat. 19 Car. TWO cap. 7. That the said Statute is found useful, It's Enacted, That all the said Act (excepting the Clause about Administrations and Probates of Wills, etc.) shall have full force of an Act during the continuance of this Act. Recites, Persons carrying Naval Goods. That whereas ill disposed Persons upon pretence of carrying His Majesty's Naval Goods Provisions etc. from His Majesty's Yards Wharfes &c. to His Majesty's Ships or such Persons as are employed to re-carry or remove from the said Ships such Naval Goods Provision &c. to His Majesty's Yards Wharfes &c. do frequently imbezle steal and carry them away where they cannot be found and remove themselves to Places unkown before they can be convict thereof by reason the Witnesses that should prove the Fact are bound forth to Sea, or otherwise employed. No Person to imbezle Kings Stores. That justice may be more speedily done, It is Enacted, That the Treasurer, controller, Surveyor, Clerk of the Accounts, and Commissioners of the Navy, or any one or more of them, where the Value of the Goods so embezzled, taken or carried away shall be under the Value of Twenty Shillings, shall have power on the Oath of Two or more Witnesses or Confession of Party offending, to Convict him, and by Writing under his or their Hands and Seals, Power to Convict, Fine. to impose such Fine or Fines on Persons offending and Convicted as aforesaid, as to any one of them shall seem meet (the said Fine or Fines not exceeding double the Value of the said Naval Goods so embezzled or carried away) the Fine to be levied by Distress by Warrant of him or them that shall Convict the Offender, in case of no Goods to Commit the Party offending by Warrant under his or their Hands before whom Convicted, For want of Distress to imprison. to Imprison in the next Goal for any time not exceeding Three Months without Bail or Mainprize. That the said Treasurer, Power to enter into any Ship in Day time and Search for Goods. controller, etc. or any one or more of them, upon Oath of Two or more Credible Witnesses testifying that His Majesty's Goods, Stores and Naval Provisions are conveyed into any Ship whatsoever, and mentioning the Name of any such Ship being at Anchor, and not ready to Sail that Tide within any of the Roads, Creeks, etc. within His Majesty's Dominions, any Person by their Warrant, Warrant, the manner of it. in which Warrant the Quantity or Qualities of such Goods shall be specified, thereunto authorized in the Day time in Presence of any known Officer of the Admiralty, In Presence of known Officer of Admiralty. shall have full power to go on Board any such Ships, etc. being within the places aforesaid, and in Case of Resistance and Refusal to be made on Demand, to enter and break open the Hatches and Cabins or other Places of the Ship, Break open Hatches, etc. and Search therein for any such Stores, Ammunition, etc. or any other Naval Goods belonging to the Navy, which have been embezzled and taken away, And the same to Seize and carry into His Majesty's Stores, to be applied to the King's Use, unless the Officers and Commissioners of the Navy, upon hearing the matter, shall find they were unduly seized, and thereupon restore them to Party claiming, and reserves liberty to the Party grieved with the judgement of Commissioners to take his Remedy for the said Goods so Seized by due Course of Law. Remedy to Party grieved. No Person to Personate any Seaman, etc. in the Presence of any Commissioners, etc. of Navy, in order to receive Money. Whatsoever Person shall be discovered fraudulently to personate any Seaman, Soldier, Artificer or Workman aforesaid in the Presence of any of His Majesty's Commissioners aforesaid, or in Presence of Paymaster or Cashier of His Navy, in order to receive any Money due from His Majesty to the Seaman, Soldier, etc. aforesaid, the Person offending may be immediately Committed to Prison by any the Principal Officers and Commissioners until he or they find Bail to answer the same at next Assizes or Quarter Sessions, And being thereof Convicted, shall Forfeit Double the Sum he would by such Fraud have gained, to the Governor of the Chest at Chatham, Punishment. for the use of the use of the Poor there, and suffer Imprisonment not exceeding a Year. Every Person who shall Sergeant the Hands of the Treasurer, None to counterfeit Hands of Treasurer, etc. controller, Surveyor, Clerk of the Acts, or of the Commissioners of the Navy, or the Hand or Hands of any other Signing or Vouching Officers of His Majesty's Navy, Ships or Yards, or of any of them, to any Bill, Ticket, or other Power, by virtue whereof the Naval Treasure is or may be disposed of, and shall knowingly produce any such counterfeit Bill, Ticket, or other Paper may be Committed to Prison by the said Officers or Commissioners until he find Suretys' to appear at next Assizes, Commit to Goal. or Quarter Sessions for the County where committed, there to be proceeded against according to Law. That it shall and may be lawful to and for the said Treasurer, Power given to administer Oaths. controller, Surveyor, Clerk of the Acts, and the Commissioners of the Navy, or any one of them, to administer Oaths in any Case relating, to the receiving, keeping, issuing and accounting for any part of His Majesty's Treasure, Victuals, Stores or Provisions of the Navy, or for the preservation of due Order and Discipline therein in all matters cognizable by the said Officers and Commissioners. General Liberty given to execute their power. That the said Treasurer, controller, etc. and Commissioners of the Navy, and every one of them, may execute all the powers given by this Act on all Offenders in all places, as well within Liberties as without. But 5 s. to be taken for Probate, Will, etc. That no Ordinary, Register or other Officer belonging to Ecclesiastical Court or Courts of Orphans, or any jurisdiction whatsoever, shall take of the Executor or Administrator (being Wife, Child or Children, or next of Kindred of any Mariner, etc.) Except where Party deceased leave an Estate of 20 l. or more) dying in the Pay of His Majesty's Navy, Of an Estate not exceeding 20 l. above the sum of Five Shillings for the whole Charges of the Probate of any Will, Registering the same, Granting of her Letters of Administration, etc. or doing any matter relating thereto Every Officer performing his Duty in the said Probate to have his proportion, Officers not performing Duty. If any such Officer presume to take more than Five Shillings for the whole Probate of the Will, or shall wilfully delay the doing the premises, the Person so offending shall forfeit 10 l. Forfeit 10 l. to Party grieved to be recovered by Action of Debt in His Majesty's Courts at Westminster, and there no Essoigne or Protection, etc. Provided, that no Clause, etc. in this Act contained shall repeal, alter or change any the Clauses or things specified in one Act of Parliament 22 Car. II. cap. v. This Act to extend to Lord High Admiral. Provided That all the Powers hereby given to any Officer or Commissioner of the Navy may be exercised by Lord High Admiral for time being. Provided That no Offender punished by this Act shall be punished in any other manner for the same Offence. Offence not to be twice punished. This Act to continue Seven Years from the First Day of June 1671. Continuance of the Act. and from thence to the end of the next Session of Parliament. Nota: This Act is continued for Seven Years longer, per Statut. 1 Jac. II. Entitled, An Act for continuance of several Acts of Parliament therein mentioned, and the same Act of Continuance Enlarged per Statut 4 & 5 Will. & Mar. from the 13th of Febr. 1692, for the space of Seven Years, and from thence to the end of the next Session of Parliament. Anno 1 Will. & Mar. An Act for the abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths. Sect. 10. Workmen and Warrant Officers in the Fleet. IT's Enacted, That all and every Commission-Officer, and non-Commission or Warrant Officers that are already employed in Their Majesty's Service by Sea or Land, shall take the Oaths appointed by this Statute, and also make repeat and subscribe the Declaration made in the Statute 30 Car. II. before the Lord High Admiral or Commissioners of the Admiralty, To take Oaths before Admiral. or such other persons as Their Majesties shall appoint to administer and accept the same respectively, And that all and every such Persons as shall hereafter be put into any Employment either by Sea or Land, Persons hereafter to be Officers to take Oaths, etc. shall before the delivery of such Commission or Warrant to such Officer take the said Oaths, and make, repeat and subscribe before the Lord High Admiral or Commissioners of the Admiralty, or their Deputies as aforesaid, or such Persons who shall issue such Warrant or Commission, or such other Person as shall be authorized to administer the same as aforesaid respectively, who are authorized to administer and receive tender and accept the same. And all Officers that shall refuse to take the said Oaths, and make and Subscribe the said Declaration, Refusal incapable. shall be incapable of receiving, taking or holding such Office or Employment. The Form of the Oath. The Form of the Declaration. Anno 2 Will. & Mar. An Act concerning the Commissioners of the Admiralty. Commissioners of Admiralty. REcites Whereas the Office of Lord High Admiral of England has been exercised by divers Commissioners appointed by Their Majesties and the late Kings, and doubt hath been whether certain Authorities belonging to the Office of Lord High Admiral may or aught to have been exercised by such Commissioners. Now for avoiding all doubts, Be it Declared and Enacted, Commissioners to have such Powers as Lord High Admiral. That all and singular Authorities, jurisdictions and Powers which by any Act of Parliament or otherwise have been and are lawfully vested in Lord High Admiral have always appertained to and of Right might have been, and might and shall be had, used and enjoyed by Commissioners for Executing the Office of the Admiral. Not give larger Power than Lord High Admiral Proviso, That nothing in this Act give any other Power to Commissioners, etc. than Lord High Admiral lawfully had. Proviso, Officers of Court Martial to take Oath. That upon Trials Offenders by Court Marshal by virtue of any Commission by Lord High Admiral or Commissioners of Admiralty, Every Officer present shall before proceeding to Trial take an Oath before the Court in these Words following: You shall Well and Truly Try and Determine the Matter now before you, Form of Oath. between our Sovereign Lord and Lady the King and Queen's Majesty, and the Prisoners now to be Tried. Anno 4 & 5 Will. & Mar. An Act for continuing the Acts for Prohibiting all Trade and Commerce with France, and for the Encouragement of Privateers. REcites Two former Acts 1 W. & M. And Enacts To continue Three Years from the end of the Session of Parliament, and to the end of the then next Session of Parliament. Sect. II. Recites It to be necessary to encourage the setting out private Ships of War, so as under the pretence of taking Prize no Evil-minded Persons should carry on a Trade with France, It is Enacted, That all Ships and Vessels with their Lading, and all Goods and Merchandizes that shall be taken and seized as Prize, Prize to be brought into Port without breaking Bulk into Hands of Commissioners. either by Their Majesty's Ships, or by any Privateers or otherwise, shall be Imported and brought into some of the Ports of this Kingdom, and immediately, without breaking Bulk, be put into the hands of Commissioners for Prizes, or their Officers, who together with Two or more persons, as the Officers or Mariners of the respective Ships shall intrust, as also such persons as the Commissioners of the Customs shall appoint, are to take care and preserve the same from Imbezlement until the same be adjudged lawful Prize, To preserve from imbezlement. Except where it shall appear to judge of the Admiralty that the Goods taken are perishable, If Goods perishable, may be sold. in which Case the judge shall take Bail for such Goods in order to Sale, as before the making this Act, yet so as to be subject to the Distribution by this Act directed. III. Prise Goods after condemnation to be Entered and Landed in Port. That notwithstanding former Acts, if Goods and Merchandizes by them Prohibited to be Imported into this Kingdom shall be, bona Fide, without Fraud taken as Prize by any private Ship of War, or by any of His Majesty's Ships, and shall be adjudged Prize, It shall be lawful for Commissioners of Prizes or their Agents, so soon as may be after adjudged Prize, to cause the same to be Entered and Landed, and to be brought into His Majesty's Warehouse of such Port where such Goods, etc. are Imported, there to remain until Sold, as hereafter directed. iv Prise Goods to be sold by Inch of Candle. That as soon as may be after the said Goods shall be adjudged Prize and Landed as aforesaid, the same shall be by Commissioners of Prizes, or their Officers, in the presence of such Persons as shall be entrusted by such Ships of War, publicly and openly Sold by Inch of Candle (Public Notice being first given at the Market Cross) Fourteen days, Public Notice of Sale to be given. or other most Public Place of the said Port, as also upon the Exchange in the Port of London, of the Quantity and Quality of Goods, etc. to be Sold, and of the Time and Place of Sale. Division of the Prize in Case taken by Privateer. V Out of the Proceed of such Sale, the Subsidy of Tonnage and Poundage, and all other Duties and Impositions payable to Their Majesties for such Goods, etc. shall be deducted and answered to Their Majesties, and the Neat Proceed of the said Sale, after such deductions, in Case such Prize was taken by private Man of War, How the Cargo to be divided. shall be divided into Five Parts, of which Four Parts shall be answered and Paid to the Person interessed in the said Privateer which took the Prize, the other Fifth Part to His Majesty, And in Case any such Prize taken by Private Man of War, How the Ship to be disposed of. the Ship or Vessel so surprised or taken as Prize, and all the Arms and Ammunition, Tackle, etc. and Furniture thereof, shall be had, enjoyed by the Person interessed in the Privateer which took the said Ship, And in Case such Prize was taken by His Majesty's Ships, How distributed in Case Prise taken by King's Ship. the said Neat Proceed after Sale as aforesaid, and such Deductions as aforesaid, to be divided into Three equal Parts, One Third to the Captain, Mariners and Seamen surprising the said Prize, to be distributed according to the usual Custom on such Declaration as Their Majesties shall make in that behalf, Provided, That one Third Part shall be divided among the Ships Crew, One Third to the Treasurer of His Majesty's Navy, for the Relief of Sick and Wounded Seamen, and the Widows and Children and impotent Parents of Persons then in His Majesty's Service at Sea, the other Third Part to the Use of Their Majesties, And in Case the said Prize was taken by any Merchant's Ships employed in King's Service, How distributed if taken by Merchant Ship in King's Service. Then the Neat Proceed after such Sale as aforesaid, such Deductions, Customs as aforesaid, shall be divided in Three Parts, One Third to the Captain, Officers and Seamen Surprising and Taking the same, One Third to the Use of Their Majesties, One Third to the Treasurer of the Navy for the Purposes aforesaid. VI Provided, Imbezlement of prize-good. That if any Captain or other Officers, etc. who shall take such Prize, shall imbezle, purloin, conceal or convey away, or put on Shoar any part of the Goods in any place whatsoever, other than His Majesty's Warehouses of the said Ports, the Party offending shall forfeit and lose the whole Share and Benefit of the Prize which otherwise he might have had, Punishment and Forfeiture. and upon Proof thereof upon Oath by one or more Witnesses before the Commissioners of the Customs in the Port of London (if such Goods were embezzled or put on Shoar in the said Port) before the Chief Magistrate of the Peace in presence of the Chief Officer of the Port in any other Port where the said Goods shall be Imported, Who to determine. who are to Hear and Determine the same, One Moiety of the said Goods to be to the Informer, Informer to have half. and shall be delivered to him by Warrant of the said Commissioners of the Customs of the Port of London, or of the Chief Magistrate of the Place, Signed and Sealed in the Presence of the Chief Officer of the Customs in such Port respectively, and the other Moiety to the King. Persons interessed may see the Accounts. VII. Any Person concerned in any Prize may at seasonable times be permitted to see the Accounts of any Prize that they may be satisfied whether the Shares have been rightfully distributed. And the Commissioners for Prizes, and their Officers, are required to show unto such Persons such Accounts for their Perusal, Fee 1 s. for showing Accounts. and to take no Fee or Reward for the same more than one Shilling. VIII. Ships and Goods of French King taken by Privateers by collusion. In case any Ship laden with Goods of the growth of the Dominion of the French King shall be taken by any Privateer by consent, or clandestinely, or by collusion, such Ship, etc. and also the Ship, etc. of the Privateer, shall upon Proof thereof to be made in the Exchequer, or Admiralty Court, be judged to be good Prize to Their Majesties, One Moiety to Their Majesties, and the other Moiety to the Discoverer, Punishment. and the Bond given by the Captain is declared forfeited, And in Case such Ship, Ships, etc. of French King's Dominions taken by Man of War. etc. shall be taken by any Man of War, through consent, collusion, etc. such Commander or Captain shall Forfeit 1000 l. One Moiety to the King, the other Moiety to the Discoverer, to be recovered by Action of Debt, or Information in any of His Majesty's Courts of Record, and no Protection, Punishment and forfeiture. etc. to be allowed, And such Captain or Officer to forfeit his Employment under Their Majesties for Seven Years, and the said Ship and Goods adjudged good Prize to the King. IX. Proviso, Tenth of Prize taken by Men of War. In all Cases where Prize shall not be taken by Privateer, One Tenth part thereof after such Sale and Deduction of His Majesty's Customs, etc. shall be paid as aforesaid, and before any Division of the Proceed thereof as aforesaid shall be Paid to the Treasurer of the Navy, Paid to Treasurer of Navy and kept apart by the said Treasurer, and shall be disposed of by Warrant of Commissioners of the Admiralty, Commissioners of Admiralty to dispose of for Medals, etc. or Lord High Admiral for Medals and other Rewards for Officers, Mariners and Seamen in the King's Service at Sea, who shall have done extraordinary Service. Encouragement to Men of War and Privateers to take Ships of Force. X. For better Encouragement of Officers and Seamen to annoy the Enemy, and to take and annoy Ships of War and of Force belonging to the Enemy, It's Enacted, In case any of the King's Ships of War or Privateer shall take in Fight as Prize, or shall Sink, Fire, or by any other means destroy any Ship of War or Privateer belonging to the French King or his Subjects, or in their Service, they shall have a Reward for such Ship of War taken or destroyed, Ten Pounds for each piece of Ordnance in any Ship, to be paid by the Commissioners of Prizes out of His Majesty's share of Prizes. XI. If Commissioners of Prizes shall not pay or give Bills payable out of the first Money comes to their hands to the person interessed in such private Man of War, Penalty on Commissioners of Prize not paying Reward. for the reward of Ten Pounds a Gun by the space of three days after it ought to be paid, demand thereof made, free of all Charges and Deductions, the Commissioners are made incapable of any Office for the future. XII. That the Shares, The Rewards given by this Act to be in full of all shares. Proportions and Rewards given by this Act to the respective Officers and Seamen shall be in lieu and full satisfaction of all Shares and Prizes taken this present War, Any thing made in the Act 13 Car. II. cap. 9 or any Declaration or Order of Their Majesties to the contrary. XIII. If any Captain or Officer, Imbezlement of Money, Plate and Goods. or any other person by his Direction or Commission, or any Seaman or Soldier serving in the Navy, or in any Privateer, shall imbezle any Money, Plate, Goods, Tackle or other things upon or above the Gun-Deck, or any other part or place whatsoever, in any Ship taken Prize, or retaken from the Enemy, Forfeiture. the Party offending shall lose the Share, etc. to him allowed by this Act. And in Case he be an Officer he shall forfeit the sum of 500 l. (whereof one moiety to the King the other to the Informer to be recovered in any of His Majesty's Courts of Record at Westminster, In Case an Officer 500 l. Forfeiture. and therein no Protection &c. to be allowed) for every such Offence, and such Officer to be incapable of any Office or place under Their Majesties for Seven Years, Incapable of an Office for Seven Years. It being the True intent of this Act that all Goods upon or above the Gun Deck and elsewhere shall in all places be preserved entire from Imbezlements and shall not be pillaged in any Case whatsoever. Ships taken in straits and Mediterranean. XIV. Provided, That where any Ship shall be taken as Prize in the Mediterranean Sea, or within the straits of Gibraltar, It shall be Lawful for Captains to Carry such Prize into Port of Allicant or Cadiz in Spain or to the Port of Messina in Sicily, or the Port of Naples and to put the same into the hands and possession of persons authorized to receive and preserve the same by His Majesty, there to remain, to be kept without Imbezlement until Condemned or Cleared by Court of Admiralty of England, such Captors being obliged with all speed to transmit the Original Papers taken in such Ships or authentic Copies. XV. Ships taken in West-Indies and America. Where Ship shall be taken as Prize in west Indies or America, the Captors to carry into any of His Majesty's Ports in any of His Majesty's Plantations, and put the same in possession of Chief Governor, there to remain and be kept as aforesaid, until Condemned and Discharged by such persons as shall be lawfully commissioned in that behalf. XVI. Prizes taken in East Indies. In case any Ship or Vessel shall be taken as Prize in the East Indies or any place beyond the Cape of Good Hope, It shall be lawful to Carry such Ship to any Port of an English Factory and put the same into possession of the Governor or Chief Person of such Factory to be preserved as aforesaid until Condemnation by such Persons as shall be lawfully Commissioned in that behalf. XVII. Privateers taking Prizes where no French Goods. Where any Ships shall be taken by any Privateer in which Ship there shall be no Goods of the Growth of the French Kings Dominions and the same shall appear upon Landing upon due proof thereof made, That then after Lawful Condemnation of such Prize and Payment of Customs and other Duties to His Majesty, the Person interessed in such Privateer shall have the said Ship and Goods &c. without Deductions for tenths or any other proportion to His Majesty or the Lord High Admiral. To have the whole without any deduction for Tenths. Where Privateers take Prizes in Ports XVIII. For preventing Abuses practised by Privateers pretending to take as Prizes Ships or Vessels within His Majesty's Ports, Rivers, etc. It is Enacted, That where any Ship, etc. shall be taken within any Their Majesty's Ports, The Prizes to belong to His Majesty. etc. by any Privateer, such Prize shall belong wholly to His Majesty as Perquisite of the Admiralty, And the Captors to have such part and proportion thereof only as Their Majesties shall think fit. Ships taken of King's Subjects, retaken. XIX. Proviso, That if any Ship, etc. taken as Prize or any Goods therein shall appear and be proved in the Court of Admiralty to be belonging to Their Majesty's Subjects of Their Three Kingdoms or Territories thereunto belonging continuing in His Majesty's Obedience, which were before taken as Prize by the Subjects of the French King, and retaken by Their Majesty's Ships of War or other Ship under His Majesty's Obedience and Protection, That then such Ships, etc. and such Goods therein found to belong to Their Majesty's Subjects, shall by Decree of the Court of Admiralty be adjudged to be restored to such former Owners, To be restored to the Owners. they paying in lieu of Savage, if taken by any of Their Majesty's Ships an Eighth Part of the true Value of the Ships, An eighth part instead of Savage to be paid. etc. and Goods respectively to be restored, which Savage shall be paid to the Captain, etc. in the said Man of War, to be divided as before directed, touching the share of Prizes belonging to the Captains, Officers and Seamen where Prizes are taken by Men of War, And if taken by Privateer or other Ship, Retaken Ship by Privateer. etc. having been in the possession of the Enemy 24 Hours, and under 48 a fifth part; And if above 48, and under 96 a third part thereof; and if above 96 a Moiety thereof, All which Payments to be made without deductions; And if such Ship so retaken shall appear to have been (after the Taking by the Enemy) by them set forth as a Man of War, the former Owners, etc. to whom the same shall be restored, shall pay the full Moiety of the true Value without any deduction. Privateer taking Vessel laden with Wool. XX. In Case during the continuance of this Act any Privateer Vessel laden with Wool, or whereupon any Wool is laden with intent to Transport the same, be taken by any Privateer, or Man of War, on due Proof thereof or Trial in the Exchequer, the Persons interessed in Privateer, shall have to their own use, one full Moiety of the Vessel and Goods, the other Moiety to the King. Admiralty to give this Act in their Instructions to Officers of King's Ships and Privateers. XXI. To prevent Ignorance of this Act by any Captains, etc. serving in His Majesty's Ships or Privateers, Lord High Admiral, or Commissioners of the Admiralty, are required to express all things by this Act directed to be observed concerning Prizes, and the Shares, Proportions and Reward of and for the same in the Instructions by them to be given during the continuance of this Act, to all Captains and Commanders of the King's Ships, or any Privateer by them authorized during that Time. XXII. Lastly, a Proviso, Commissioners detaining Money to be paid to Privateers. That if Commissioners of Prizes, or Commissioners of Customs shall detain in their hands the Shares and Proportions belonging to the persons interessed in Privateers 2 days after the same aught to be paid by this Act, and demand thereof made, free of all Fees and Charges whatsoever except Warehouse-Room, and 2 per Cent. for all other Charges, To forfeit double the Sum detained. The person offending to forfeit double the Sum, to be recovered by Action of Debt with Cost of Suit, And no Protection, etc. Anno 5 & 6 Will. & Mar. etc. An Act for the better Discipline of His Majesty's Navy Royal. REcites, Preamble. The Court of King's Bench, or Commissioners of Oyer and Terminer may Try all Offences in the Act 13 Car. II. For the regulating and better Government of Their Majesty's Navys and Ships of War, and Forces by Sea. That all Offences contrary to an Act made in the Thirteenth Year of King Charles the Second, Entitled, An Act for the Establishing Articles and Orders for the Regulating and better Government of His Majesty's Navies, Ships of War, and Forces by Sea, which shall be committed after the 24th of June 1694. may be Prosecuted and Determined in Their Majesty's Court of King's Bench at Westminster, or before justices of Oyer and Terminer, to be Constituted by Their Majesty's Commission. Power to the Courts to act. And the said Courts are impowered to hold Connusance thereof by Information or Indictment, and to proceed upon, Hear and Determine the same according to the Course of the Common Law, etc. Offences done out of the Realm to be laid in any County in the Realm. And where any of the Offences be committed out of the Realm, in such Case the same may be alleged and laid in any County within this Realm. Proviso, That no Person Tried by a Court Marshal, to be Tried, etc. Proviso. Proviso, That no Person who shall be Tried by a Court Marshal for the same Offence, be Tried by virtue of this Act, etc. Proviso, That this Act shall continue in force for Three Years, and from thence to the end of the next Session of Parliament. Anno 7 & 8 Will. An Act for the Increase and Encouragement of Seamen, etc. FOrasmuch as the Strength and Safety of His Majesty's Dominions do much depend on the supplying His Royal Navy with a competent number of able Seamen which may be ready at all times for that Service. Preamble. To Invite great Numbers of His Majesty's Subjects to betake themselves to Sea, It is fit some provision should be made that Seamen who by Age, Wounds, or other Accidents should become disabled for future Service at Sea, and shall not be in a condition to maintain themselves comfortably, may not fall under Hardships and Misery, but may be supported at the Public Charge, And that the Children of such disabled Seamen, And also the Widows and Children of such Seamen who shall happen to be Slain or Drowned in Sea Service, may in some reasonable manner be Provided for and Educated, His Majesty and Her late Majesty determined That an Hospital should be Erected and Endowed for the purposes aforesaid, And in order thereto by their Letters Patent gave a Parcel of Ground in the Manor of East Geeenwich, and Their Palace standing upon Their said Ground, and several other Buildings and things mentioned in the said Letters Patents to the intent that they should be converted to the Service of an Hospital for the Relief of Seamen, their Widows and Children, and Encouragement of Navigation. And whereas His Majesty in further execution of his Pious Intention for the Founding of an Hospital at Greenwich for the purposes aforesaid, hath by His Letters Patents dated the 10th of December 1695. Constituted Commissioners, and Granted an Annual Sum payable out of the Treasury, and given divers proper Directions and Authorities for carrying on and perfecting the said Hospital and the Maintenance thereof, and of the Persons to be placed therein. And to the Intent that such Mariners, Watermen, Seamen, Fishermen, Lightermen, Bargemen and Keelmen, or Seafaring Men being natural Born Subjects of this Realm, or any of His Majesty's Dominions, or being in England, and above the Age of 18 Years, or under the Age of Fifty Years, Persons under the Age of 50 and above 18. and being capable of the Sea Service, who shall be willing to Enter and Register himself for the Service of His Majesty in His Royal Fleet or Navy, may by himself or any person by him thereunto in Writing Authorized or Employed, deliver and give in his Christian Name and Surname, with his Age and Place of his Abode and Habitation, unto such Officers as shall be appointed for the Registering of Seamen, as is herein after mentioned; And that such and so many Public Officers for the Registering the Persons for Sea Service as aforesaid, Offices and Officers for Registering Seamen, etc. shall be kept at His Majesty's Charge at the Navy-Office in London, and such of the Principal Officers of the Navy or other Persons shall be appointed thereto. And the making and keeping such Register shall be performed in such Forms and Methods as His Majesty or the Commissioners of the Admiralty shall from time to time prescribe and appoint, So as that in the said Register there shall be Entered down and Registered in Order and Course of Time as well the Names, Surnames, Additions, Ages, Place of Abode, or Habitation of all and every such Mariner, Seaman, Waterman, Fisherman, Lighterman, Bargeman, Keelman or Seafaring Man as aforesaid, And also, the true Days and Times of such Registry or Entry, for which no Fee, Reward or Gratuity whatsoever shall be demanded or received other than from His Majesty. And if any Person shall knowingly make or cause to be made in any of the said Offices any False Entries of any Person's Name, Wilful mis-entry of Seamen. etc. he shall forfeit the sum of one Hundred Pounds, one Moiety to His Majesty, and the other to such Person as shall Sue for the same. The respective Registerers to be appointed, Oaths to be taken by Registerers. shall before their Entrance thereinto, or intermeddling therewith, take an Oath before the judge of the Admiralty, or before Two or more of His Majesty's justices of the Peace for that County, etc. wherein such Office shall be, for the true and faithful Execution thereof, That the said Navy Office or such other Office as shall be appointed by His Majesty shall be called the Head Office whereto all the other Registerers in the Seaports shall from Time to Time, without any Fee, save from His Majesty, give Certificates under their Hands and Seals of the Numbers, Names, Places of Abode and Additions of all Seamen, Watermen, etc. that shall be Registered within their respective Offices, And of the true Times when such Entry was first made, which Certificates shall by the said Register be Filled in Course of Time as they came in, and the Names of the Seamen, etc. therein mentioned, shall be in order of Time, and without any undue Preference, Entered and Registered there also, So that in that Office the Number, Names, Places of Habitation of all Seafaring Men Registered throughout the Kingdom, and their respective Time of coming in to be Registered may from time to time appear, a true Copy of which shall once a Year, Commissioners of Admiralty to have Copies of the Registry. or oftener if required, be given by the Officers at the Head-Office to the Commissioners of the Admiralty, who are to give timely directions that such of them as they shall find most proper for His Majesty's Service may from time to time in each Year be disposed for the Service of the Fleet in every or any Year beginning from the First of January, during which the Number of Registered Seamen then alive, shall not exceed 30000. Every Registered Seaman shall be allowed from His Majesty, whether he be in actual Service or not, the Yearly Sum of 40 s over and above such other Pay as he shall be Entitled to by being in His Majesty's Service, And in every Year during which the Registered Seamen then alive shall exceed 30000, there shall in like manner be allowed 40 s. a Year to each of the first 30000 Registered, Reward to Registered Seamen. And moreover, none but such Registered Persons shall be Preferred to any Commission or Warrant Offices in the Navy, and every such Registered Seaman being in His Majesty's Service in a Foreign Voyage, may appoint to his Wife or any Person any part or proportion of the Pay due, or to be due to him for his Service, not exceeding 2 Months Pay in every 6 Months, which shall be duly complied with upon proof of the 6 months' Service by return of Musters according to the practice of the Navy, and on like proof of such Seaman's Death in the Service, the Wages remaining due to him shall be paid to his Executors or Administrators without tarrying for the Ships Return, or her General Pay. Also, Double share of Prizes to Registered Seamen. Every Seaman Registered, shall upon taking any Prize at Sea wherein he shall be Entitled to any Share, have a double part more than any other Seaman of like Quality in the Ship with himself. Upon producing a Certificate of his being Registered he shall from time to time be freed from serving upon any juries or Inquests, Registered Seaman's Privilege and Exemption. or in the Militia, or in or about the assessing or Collecting of any Public Taxes or Assessments, or in the Offices of Constable, Tythingman, Bosholders, Churchwardens or Overseer or Collector of the Poor, or any other Parish Office whatsoever, Except he shall declare himself willing to serve in the said Offices, for which Certificate no Fee to be demanded or received. All Registered Persons by Age, Aged and disabled Seamen to be put into Hospital on Certificate. Wounds or other Accidents disabled for further Service at Sea, and not in a Condition to Maintain themselves Comfortably, shall upon Certificate thereof from the Captain, Master, Surgeon and Purser, or so many of them as were in the said Ship for the Time being under his or their Hands unto the Governor of the said Hospital at Greenwich, be admitted into the said Hospital, and there provided with fitting and convenient Lodging, Meat, Drink and Clothing and other Necessaries during their Life. Widows of Registered Seamen. Also, The Widows of such Seamen who shall be Slain, Killed or Drowned in the Service, and the Children of such Seafaring Men so Killed or Drowned, and not of Ability to Maintain themselves Comfortably, shall be received into the said Hospital, and there provided for, And the said Children shall be educated at the Charges of the said Hospital, till they are fit to be put out, or of ability to maintain themselves. Proviso, That if Registered Seamen do not serve. Provided always, That if any Registered Person during time of actual War withdraw or absent himself from His Majesty's Service in his Navy, and shall not within 30 days after due Summons or Warning from the Commissioners of the Admiralty, Commissioners of the Navy, Officers of the Registry, or Vice-admirals' of the several Counties repair on Board the Ship to which he belongs, or shall be appointed, not being detained by Sickness or other Bodily Infirmities to be attested by the Oath of Two Credible Witnesses to be allowed by the Commissioners of the Admiralty, Navy, Registry or Vice-admirals', or shall relinquish the Service of His Majesty without consent in Writing of the Commissioners of the Admiralty, he shall for ever lose the benefit of this Act, To lose the benefit of this Act. and serve His Majesty at Sea 6 Months without any Pay, but for such Offence only he shall not suffer as a Deserter; Provided, That nothing in this Act extend to take away the Punishment appointed for Deserters by an Act made the 13th Car. II. After the Term of 25 Years, Brotherhood of Trinity-House. from the 25th of March 1696, None shall be capable of being a Brother of Trinity-House but who have been Registered. Every Seaman serving His Majesty, Six Pence per Month to be paid out of Seamens Wages. or in any Ship or Vessel belonging to any of the Subjects of England, or any other His Majesty's Dominions, shall allow, and there shall be Paid out of his Wages Six Pence a Month for the better supporting of the said Hospital, How to be Levied. which shall be levied by such Officers, and according to such Rules and Methods as shall in that behalf be appointed by the Commissioners of the Admiralty. Proviso. The Certificate to be brought by Seamen. Provided always, That every Seaman at the time of his being Registered, shall bring or cause to be brought a Certificate of his Place of Abode, under the Hands of Two justices of the Peace of the County or Place where he lives, and as often as any such Seaman shall change his Place of Abode, he shall bring or cause to be brought a new Certificate thereof to the Register under the Penalty of losing the benefit of his being Registered as aforesaid. Registered persons under 18, and above 55, exempted from Service. Registered Persons under 18, or obove 55 Years of Age shall be exempted from Service upon Summons as aforesaid, unless they will Voluntarily Enter themselves to serve. Registered Persons preferred to Commission not to be entitled to 40 s Registered Persons preferred to Commission or Warrant Offices, not to be entitled to the 40 s. per Annum, or other benefits of this Act, or liable to any of the Penalties or disabilities therein mentioned. Commissioners of the Admiralty may Discharge any Seaman from the Register, Admiralty may discharge or expunge Persons Registered. upon any Cause for which it shall be desired, And may for any Offence dismiss and expunge any Seaman from the Register, and thereby deprive them from the Benefits thereof according to their discretion. Licences shall at any time be given by Order of His Majesty, Licences to Landmen. or Commissioners of the Admiralty, to any Landmen desirous to apply themselves to Sea-Service to serve in Merchant Ships 2 Years, which shall Protect them from being Impressed, Provided they bring to the Register Two Credible Persons, Inhabitants, or known in the Place where they enter themselves, who shall assert the knowledge of the said Landmen, and their Profession for Two Years past. Any Person vouching one for a Landman that is a Seaman shall forfeit 20 l. Person vouching Seaman a Landman. And any Seaman personating or taking another's Name, Personating or taking other's name. Counterfeiting Licence. And any Seaman or other Person whatsoever, counterfeiting a Licence shall forfeit 20 l. And suffer such Punishment as by Law may be inflicted, and any Seaman so offending shall be uncapable of the benefit of this Act. Seamen in Cinque Ports. Seamen Inhabiting in the Cinque-Ports to be Registered in such Places, and by such Persons as the Lord Warden shall appoint, And to enjoy the same Benefits, and to be liable to the same Penalties in case of absenting from the Service, or disobeying the Lord Wardens Summons as the Persons Registered elsewhere. The said Registerer to take their Oaths before the Lord Warden, Governor of Dover, or his Deputy, or some Mayor of the Cinque Ports. Registered person shall not be obliged to serve as a Land Soldier. No Registered Person shall by virtue of any of the powers before mentioned, be obliged to serve as a Land Soldier, but only as a Seaman in His Majesty's Fleet. Proviso, Not to hinder person from serving as Chaplain or Chirurgeon. Provided always, That nothing in this Act extends to the debarring any Person from being a Chaplain, Chirurgeon, or any other Officer, in any Office of the Navy, not of necessity to be executed by a Seafaring Man. Anno 7 & 8 Will. III. An Act for the better Security of His Majesty's Royal Person and Government. Sect. 6. IIt's Enacted, Officers Civil and Military, That all and every Person and Persons that shall be admitted, entered and placed, or taken into any Office or Offices Civil or Military, or receive any Pay, Salary, Fee or Wages by reason of any Patent or Grant of His Majesty, or shall have Command or Place of Trust from or under His Majesty, or by His Authority, or by Authority derived from His Majesty within England, etc. or in His Majesty's Navy, Officers in Navy, or in the several Islands of Jersey and Guernsie, or any of His Majesty's Family or Household shall subscribe the Association mentioned in the same Section, To subscribe Association. at the same time they shall make and subscribe the Declaration mentioned in Statut. 25 Car. II. Entitled An Act for preventing Dangers from Popish Recusants. Persons refusing incapable. Sect. 7. That the Persons refusing to Sign the said Association in the respective Courts and Places, shall ipso facto, be adjudged incapable and disabled in Law to enjoy the said Places, or any benefit by them, And the Places and Offices to be void. Penalty on Refusers. Sect. 8. That all Persons that shall neglect or refuse to Sign the said Association within the Times and at the Places aforesaid, yet after such refusal, shall execute such Place either by themselves, or his or their Trustee or Deputy after the Times expired, and being thereof Convict, shall be subject to the Penalties in the last recited Act mentioned. Persons at Sea at the making the Act, etc. Sect. 14. Proviso, That this Act do not extend to any Person in His Majesty's Service on Board the Fleet, or beyond Seas, or shall go beyond Seas in His Majesty's Service before the 25th May 1696. So as such Person subscribe the said Association according to the appointment of this Act, within Three Months after his return. Civil and Military Commissions not to determine. Nota: By this Act it is Enacted, That no Commission either Civil or Military, shall Cease, Determine, or be Void by reason of the Death or Demise of His Majesty, or any his Successors, but that every such Commission to remain in Force for Six Months after, unless superseded by the next and immediate Successor, according to the Act of Settlement, 1 Will. & Mariae. Anno 7 & 8 Will. III. An Act for Granting His Majesty an Aid of Four Shillings in the Pound for Carrying on the War against France. AT the end of the Act it's Enacted, Cruisers. That over and above the Ships for the Line of Battle, and for Convoys to remote Parts, at the least 4 Ships of the Third Rate, 16 of the Fourth Rate; 13 of the Fifth Rate; 10 of the Sixth Rate, shall from time to time be directed to Cruise at such Stations as Commissioners of the Admiralty shall deem fit. In case of necessity may be in Line of Battle. Proviso, In case of necessity this Act not to hinder the Commissioners of the Admiralty from directing any of the said Ships to be in the Line of Battle. Admiral to give Certificate to Parliament. That it may appear how the service for appointing Cruisers in proper Stations to secure Merchants Ships is performed, Lords of the Admiralty, etc. to give a Certificate under their Hands to the next Session of Parliament, of the Ships so set out in pursuance of the directions by this Act expressing the Names and Rates of the Ships. Anno 7 & 8 Will. III. An Act for preventing Fraud, and regulating Abuses in the Plantation Trade. Naval Stores may be Imported in Foreign built Ships. AMongst other things it's Enacted, That Masts, Timber, and other Naval Stores for His Majesty's service for the space of Three Years may be Imported from His Majesty's Colonies or Plantations, into this Kingdom, Appointed by Commissioners of Navy. in such Foreign-built Ships as shall be employed by His Majesty's Commissioners of Navy. Anno 7 & 8 Will. III. An Act for the more effectual preventing the Exportation of Wool, and for the Encouragement of the Importation thereof from Ireland. Sect. ult. IT's Enacted, That the Lord High Admiral, etc. shall from time to time appoint one Ship of the Fifth Rate, Two Ships of the sixth Rate, and Four Armed Sloops constantly to Cruise from off the North Foreland to the Isle of Wight, with Orders for Taking and Seizing all Ships, Vessels or Boats which shall Export any Wool, or carry or bring any Prohibited Goods or suspected Persons. Per Stat. 25 Car. TWO Nota. All Officers Civil and Military, and all Officers in the Navy are to receive the Sacrament in some Parish Church within Three Months after being in their Places, or having Grant thereof. And in Court of King's Bench, or Chancery at Westminster, or at a Quarter Sessions for the County, and deliver a Certificate in Court of their receiving the Sacrament, And are to take the Oaths of Allegiance and Supremacy. Which see before Settled in 1 Will. & Mar. and make the Declaration following: I A. B. do Declare, That I do believe, That there is not in the Sacrament of the Lord's Supper any Transubstantiation in the Element of Bread and Wine, at or after the Consecration thereof by any Person whatsoever. The Penalty for neglecting to take the Oaths, and make the Declaration, and Subscribe thereto, is, to be disabled to Sue to be Guardian, Executor or Administrator, or capable of any Legacy, to bear any Office, and to Forfeit 500 l. to Person that will Sue for the same. Sect. 15. This Act extends not to Non-Commission Officers of the Navy, so they subscribe and make the Declaration . Anno 8 & 9 Will. III. An Act to Enforce the Act for Encouragement of Seamen. REcites the Clause in the Act 7 & 8 Will. III. whereby it is Enacted, Sect. 1. Recital of the Act for Registering Seamen as to so much as concerns the relief of disabled and slain Seamen, their Widows and Children. That for Relief and Benefit of Registered Seamen, etc. who by Age, Wounds or other Accidents shall be disabled for future Service at Sea, and shall not be able to maintain themselves comfortably, and the Children of such disabled Seamen, and the Widows and Children of such of them as shall happen to be Slain, Killed or Drowned in Sea-Service, so far forth as the Hospital shall be capable to receive them, and the Revenue thereof to maintain them. Every such Seaman, etc. Registered and Disabled, shall upon Certificate in manner as directed by the said Statute be admitted and placed in the said Hospital, and shall be provided out of the Revenues of the said Hospital, according to the Rules and Orders to be provided and settled for the said Hospital, convenient Lodging Meat, Drink, , and other Necessaries and Conveniencies, and the Widows and Children of such Slain, Registered Seaman to be in like manner received and provided for. Persons so received into the Hospital, and relieved, to be in Order of time, as appearing on the Registry Book of Seamen. And forasmuch as there may be divers Persons so Registered and disabled, and divers of the Widows and Children of such Registered Seamen may at one and the same time stand in need, and by the said Act claim the Bounties and Advantages aforesaid, It is Enacted, For the avoiding all Partiality and Favour, That all and every such Persons who by the said Act may claim any of the said Bounties, Provisions or Allowances, shall be received into the said Hospital, and maintained, upon Certificates to be had in manner as by the recited Act is provided, in succession one after another, as the Person Registered shall be and appear in Course and Order of Time to be upon the Registry Book of Seamen, And the Widows and Children of the Persons longest Registered always to be preferred and admitted into the said Hospital, and the Benefits thereof to be employed in manner as aforesaid. II. Certificate under the Hand of one Justice of Peace sufficient Warrant to Register Seaman. For greater ease to all and every Seamen who have liberty to Register themselves, Every such Seaman from and after the Tenth day of April next ensuing, bringing or causing to be brought a Certificate in manner as the said Act directs, of the Place of his Abode, and in case of Removal, a new Certificate under the Hand of any one or more justices of the Peace of the Place and County where he lives in such and the like manner as the said Act directs, and be also Entitled to all and every the Benefits and Advantages given in and by the said Act, And to have like Benefit. as well for himself as his Wife, Widow and Children. The said justices giving such Certificate, is required to make strict inquiry into the truth of the Contents of the Certificate so by them to be given, and to examine the Parties so desiring the Certificate on Oath, if shall see occasion. Justices to Examine into truth of Certificate on Oath. And if on Examination the said justice shall find any Fraud, such justices are required to Certify the same to the Commissioners of the Admiralty, or Lord High Admiral, And (if find any fraud) to certify. that such Fraud and Deceit may be prevented. Master's Mates and their Wives and Children to have Benefits and advantages of the Act III. It is Enacted, That if any Person Registered, and who are or shall be raised to the Degree of Master's Mate in any of His Majesty's Ships of War, and the Wives and Children of such Master's Mate are declared and enabled to have and enjoy all and every the Benefits, Advantages and Bounties given to any other Persons so Registered, or to their Wives and Children. What persons above Fifty may Register themselves. iv It is Enacted. That from and after the Tenth day of April next, all and every such Seamen who are above the Age of Fifty, and who by the said Act might Register themselves in manner as aforesaid, in case they were not of such Age, and who shall appear by the Books of the Navy-Office to have faithfully served on Board any of His Majesty's Ships for the space of Seven Years past, without wilful deserting the same, shall upon producing Certificate under the Hand of one justice of Peace in manner aforesaid be Registered, and such Person so Registered, and their Wives and Children, Executors and Administrators, to have and enjoy the several and respective Privileges in the said Act. V Proviso, Persons of 50 not to be Registered until give reason for omitting Registering before. That no Person above Fifty shall after the said Tenth of April be permitted to Register themselves without giving such reasons for the omitting the Registering themselves as shall be approved by Commissioners of the Admiralty, or any Three or more of them, or the Lord High Admiral, or the Commissioners of the Navy, or any Three of them, or such Persons as shall be appointed by the King for keeping the said Register. VI Commissioners of the Registry to examine on Oath Masters of Ships for discovery of Seamens Wages. For the better levying and collecting the Duties of Six Pence per Mensem, given and granted by the said recited Act for the Revenues and support of the said Hospital, etc. It shall be lawful for Commissioners appointed for Registering of Seamen or their respective Deputies for time being, for the better discovery of the Pay and Wages due to the Sailors and Persons who served on Board any the Merchants and Privateer Ships or Vessels in the said Act mentioned, to cause all such Masters and Commanders of such Ships not in His Majesty's Service, to be and appear before them the said Commissioners or the respective Deputies who are hereby impowered all and every such Masters and Commanders upon their Oaths to Examine, as to the Number, Rates, Salaries, Wages and Times of Service of all and every such Person or Persons belonging to or serving in such Ships or Vessels in the said recited Act, and which by the said Act are obliged to Pay the said Duty of Six Pence per Mensem out of their Salaries and Wages as aforesaid, And if such Masters and Commanders, or any of them, shall refuse when Summoned or Commanded to appear before the said respective Persons unpowered to Examine them in manner as aforesaid, Or if they shall appear and obstinately refuse to give a plain, full and exact Discovery of the Matters aforesaid upon their Oaths, that then in every such case, all and every such Offender or Offenders shall for every such Refusal or Neglect Forfeit the Sum of 10 l. to the use mentioned in the said recited Act, Penalty of Refusers. to be recovered by Action of Debt, Bill, Plaint or Information in any of His Majesty's Courts of Record at Westminster, with full Costs of Suit, Provided, such Masters be not Quakers, or reputed Quakers. VII. It is Enacted, Quakers to be examined. That every Master or Commander of a Ship or Vessel mentioned in the said recited Act, being a Quaker, may and shall be Examined before the said Commissioners appointed for Registering Seamen, or Three or more of them or their Deputies, and the said Commissioners or their Deputies may and shall from Time to Time take the solemn Affirmation and Declaration of such Quakers instead of their Oaths, and in such Manner and Form as by an Act made in the Seventh and Eighth Year of His Majesty's Reign is directed, Entitled An Act That the Solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in usual Form, And such Quaker refusing to appear on such Summons, or to Answer and Make such Solemn Affirmation or Declaration before the said Commissioners or their Deputy or Deputies, shall be deemed Offenders, and be liable to the same Penalties and Forfeitures mentioned in this Act, for refusing to appear and be Examined on Oath, and Swear as aforesaid. Persons lending Register Certificates. VIII. Whereas since making the recited Act divers ill Persons Registered, have fraudulently lent their Register Certificates to divers Mariners, Seamen, Watermen, etc. who were not Registered pursuant to the said Act, with intent to keep such Persons not Registered from being Impressed in His Majesty's Service, For preventing such evil Practices, It is Enacted, That whatever Person or Persons so Registered, as aforesaid, shall after the Tenth of April next, directly or indirectly lend to, leave with, or dispose of his or their Certificate, of his or their being Registered, to any Mariner, etc. whereby to keep or protect such Person from being Impressed into His Majesty's Service, It shall be lawful for the Lord High Admiral or Commissioners of the Admiralty, Punishment for offenders. or any Three or more of them, to cause such Offenders to be struck out of the said Register, and lose the benefit of the said recited Act, and to be compelled to serve in His Majesty's Service, for the space of Six Months, without any Pay, as in case of Registered Man not appearing on Summons to serve in His Majesty's Service according to the said Act; And that every Person who shall borrow, Persons borrowing, how to be punished. take or receive for themselves or other Persons, such Certificates, or make use of the same for the intents and purposes aforesaid, shall in all respects suffer the like Pains and Penalties, and to the same Uses as are provided in and by the said recited Statute against such Persons as vouch falsely Persons to be Landmen who are afterwards proved to be Seamen, or shall be compelled to serve His Majesty in Sea Service for the space of Six Months, without Pay or Wages. IX. Certificate under Mayor, Bailiffs, or Deputies in Cinque Ports, to be as good as Certificates from Justices. Whereas in jurisdiction of Cinque Ports and their Towns and Members in Kent and Sussex, there are not any justices of Peace, or Divisions, as in the rest of the Counties, but only Mayors, Bailiffs and their Deputies, It is Enacted, That such Certificate as aforesaid, under the Hand and Seal of any Mayor, or Deputy Mayor, Bailiff or Deputy Bailiff within jurisdiction of the Cinque Ports, obtained in manner as aforesaid, shall be sufficient where no justice of the Peace shall be residing within Three Miles of such Port or Town. Anno 5 & 6 Will. & Mar. An Act for Granting to His Majesty certain Duties on Glass-Wares, Stone and Earthen Bottles, Coals and Culm for carrying on the War against France. Sect. 28. Nota: Allowed to Colliers not to be Impressed. IT is Enacted, That for Encouragement of all such Ships or Vessels as shall be employed in bringing Coals for supplying the City of London, and other Ports of this Kingdom, at more reasonable Rates than during this War they have hitherto been, that from and after the nine and twentieth day of September, there shall be allowed Yearly from the fifteenth day of April until the first day of January, free from Impressing, to any Master of any Ship or Vessel employed in the Coal-Trade, two able Seamen (such as the Master shall nominate) for every Ship or Vessel of One Hundred Tun, and one for every Fifty Tun. For every Ship or Vessel of One Hudred Tun and upwards Burden, according to the Measurement which such a Ship or Vessel shall appear to be of by a Certificate which shall be produced from the Customhouse of what number of Tuns such a Ship or Vessel hath Paid for, by an Act for Levying a Duty on Tonnage of Shipping, And if any Captain, Officer offending Lieutenant, or other Officer shall by any Authority whatsoever presume to Impress or take any of the Men allowed by this Act, such Captain, Lieutenant or other Officer shall Forfeit to the Master or Owner of such Ship or Vessel, Forfeit Ten Pounds, and incapable of Office. Ten Pounds for every Man he shall so Impress or Take, to be recovered with Costs of Suit, by Action of Debt, Bill, Plaint or Information in any of His Majesty's Courts of Record, wherein no Essoigne, etc. shall be allowed, and shall also be made incapable of holding any Place, Office or Employment in any of His Majesty's Ships of War. Sect. 32. It is further Enacted, Nine of Forty Three Cruisers to Cruise on Northern and Western Coasts. That Nine of the Ships of War, part of the Forty Three which by an Act of that Session were appointed to Cruise in several Stations to Guard the Coasts and the Trade of this Kingdom, are appointed to Cruise or Convoy (that is to say) Six on the Northern Coast, and Six on the Western Coast, in such Stations as shall be directed by Lord High Admiral, or Commissioners of Admiralty for time being, For Protecting Coal-Trade. for the better Protecting and Preserving such Ships as shall be employed in the Coal Trade. The Form of the Oath appointed by the Statute Anno 1 Will. & Mar. I A. B. do sincerely Promise and Swear, That I will be Faithful, and bear true Allegiance to Their Majesty's King William and Queen Mary. So help me God, etc. I A. B. do Swear, That I do from my Heart, Abhor, Detest and Abjure, as Impious and Heretical, that Damnable Doctrine and Position, That Princes Excommunicated or Deprived by the Pope, or any Authority of the See of Rome, may be Deposed or Murdered by Their Subjects, or any other whatsoever. And I Declare, That no Foreign Prince, Person, Prelate, State or Potentate, hath or aught to have any jurisdiction, Power, Superiority, Preeminence or Authority Ecclesiastical or Spiritual within this Realm. So help me God, etc. FINIS.