LAWS OF WAR AND ORDINANCES of the SEA, Ordained and Established by the Parliament of the Commonwealth of England; For the Regulating and better Government or the Navies, Fleets and ships of War, and Armies by sea of the Commonwealth of England, And all and singular persons, ships and Vessels thereunto belonging; to be put in Execution according to an Act of this present Parliament, Entitled, An Act for constituting Commissioners for Ordering and Managing the Affairs of the Admiralty and Navy; and to be observed and duly obeyed by the Vice-admirals', Rere-admirals', Commanders, Captains, Lieutenants, Masters, Masters-mates, and all other Officers, Mariners, seamen and soldiers, and all others whomsoever these Laws and Ordinances may concern, under the pains and penalties therein contained and expressed. Saturday the 25th of December, 1652. ORdered by the Parliament, That these Articles be Printed. Hen: Scobell, Cleric. Parliamenti. London, Printed by John Field, Printer to the Parliament of England. 1652. LAWS OF WAR AND ORDINANCES of the SEA, Ordained and Established by the PARLIAMENT OF THE Commonwealth OF ENGLAND. ARTICLE I. ALl Commanders shall endeavour, That Almighty God be solemnly and reverently served in the respective Ships, all Profaneness and Irreligiousness avoided, Preaching and Praying, and other Religious Duties be exercised and duly frequented, and the Lords Day Religiously observed. II. Unlawful and rash Oaths, Curse, Execrations, Drunkenness, Uncleanness, and other scandalous acts in derogation of God's Honour, and corruption of good Manners, shall be punished as the Council of War shall think fir. III. All such as shall give, practice, hold or enterrain Intelligence, to or with any State, Prince or other, being Enemy or Rebel to this Commonwealth by any manner of means or slights; or have any communication with them, without direction or leave of the Parliament, Council of State, the Commissioners of the Admiralty, Generals at Sea, or Commander in Chief of the Squadron, shall be punished with death. iv If any Letter or Message from the Enemy, or on their behalf, be conveyed to any Inferior Officer, Mariner, Soldier or other in the Fleet; and the said Officer, Mariner, Soldier or other as aforesaid, do not instantly acquaint the Superior Commander with it; or if a Superior Officer, being acquainted therewith by an inferior Officer, Mariner or other, or himself in his own person receiving a Letter or Message from the Enemy, reveal not the same forthwith to the Generals, Admirals, or the chief of his Squadron; All such Mariners, Officers, Soldiers and others, shall be punished as Traitors with pains of death. V. No person or persons of the Fleet shall relieve the Enemy with Money, Victuals, Powder, Shot, Arms or Ammunition, directly or indirectly, upon pain of Death. VI None shall harbour or conceal any Enemy, or known Delinquent or Rebel on Shipboard, nor carry, or endeavour to Transport any such beyond Sea without Licence, upon pain of Death, or other punishment as a Council of War shall adjudge. VII. None shall presume wilfully and wittingly to injure or wrong at Sea the known Friends or Allies of this State, either Members of this Commonwealth or Strangers, not in Enmity, upon pain of such punishment as the nature and circumstances of the Offence shall require; nor in visiting any Ships or Vessels, either take Goods forcibly, or by force or terror extort them, upon pain of Death, or other punishment, according to the nature and circumstances of the Offence. VIII. 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 Admiralty Court, 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 further punishment to be inflicted upon the Offenders therein, as the quality of their offence and misdemeanours shall be found to deserve. IX. None shall take out of any Prize or Ship, or Goods seized on for Prize, any Money, Plate, Goods, Lading or Tackle, before Judgement first thereof pass in the Admiralty Court; but that the full and entire Account of the whole without Imbezilment shall be brought in, and Judgement pass entirely upon the whole without fraud, upon pain of such punishment as shall be found by a Council of War or the Court of Admiralty (as the case may happen) to be just; excepting, That it shall be lawful for all Captains, Seamen, Soldiers 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, Furniture or Stores of such ship) as shall be found by them or any of them, in any ship (they shall take in Fight as Prize) upon or above the Gun-deck of the said ship, and not otherwise. X. None shall imbezil, steal or take away any Cables, Anchors, Sails, or other of the ships Furniture, or any of the Powder, or Arms or Ammunition of the ship, upon pain of death, or other punishment, as the quality of the Offence shall be found by a Council of War to deserve. XI. If any Foreign ship or Vessel shall be taken as 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 clothes, or in any sort pillaged, beaten or evil entreated, upon pain to pay and make good double the damages; but the said Foreign ships, and all the Goods so taken, shall be preserved entire, to receive Judgement in the Admiralty Court, according to Right and Justice. XII. Every Captain and Commander, upon Signal or Order for Fight, or view or sight of any ships of the Enemy, or likelihood of Engagement, shall put all things in his ship in a fit posture for fight; and cause the Lieutenant, and Gunner, and Quartermaster, and other Officers to fit themselves, and Quarter the men according to the number and quality of Men and Ordnance, with a competent number to ply the small shot, and likewise to manage and trim the sails; And every Captain and Officer shall in his own person, and according to his place, hearten and encourage the Seamen and common Men to Fight courageously, and not to behave themselves faintly; nor to yield to the Enemy or to cry for Quarter, upon pain of death, or such other punishment as the Offence shall deserve. XIII. Every Captain and Commander of any Ship, Frigate or Vessel of War, shall duly observe the Commands of the General at Sea, or his Superior or Commander of any squadron for the Assailing or setting upon any Fleet, Squadron or ships of the Enemy, or joining Battle with them, or making defence against them, upon pain to suffer death, or other punishment, as the quality of his neglect or offence shall deserve. XIV. Every Captain, and all other Officers, Mariners and Soldiers of every ship, Frigate or Vessel of War, that shall in time of any Fight or Engagement withdraw or keep back, or not come in to the Fight and Engage, and do his utmost to take, fire, kill and endamage the Enemy, and assist and relieve all and every the ships of this Commonwealth, shall for such Offence of Cowardice or disaffection be tried, and suffer pains of death, or other punishment as the Circumstances of the Offence shall deserve, and the Council of War shall judge fit. XV. Whosoever, either through cowardice, negligence or dif-affection, shall forbear to pursue the Chase of any Enemy or Rebel beaten or flying, or shall not relieve or assist a friend in view to the utmost of his power, shall be punished with death or otherwise, as a Council of War shall find just. XVI. When at any time 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 other pretence whatsoever, upon pain of death. XVII. All Captains, Officers and Seamen, that either have or shall betray their Trust and turn to the Enemy, and either run away with their Ship, or any Ordnance or Ammunition, or Provision, to the weakening of the Service, or yield the same up to the Enemy, shall be punished with death. XVIII. All Captains, Officers or Mariners that shall desert the service or their employment in the Ships, or shall run away or entice any others so to do, shall be punished with death. XIX. All Captains of Ships, having once taken any Commission for taking of Prizes, according to any Act, Ordinance or Order of Parliament, or served as any private man of War, or received any Pay or Impress, or been otherwise employed from or under the Parliament, that shall either turn to the Enemy, or declare themselves against the Parliament, or wilfully set upon, Fight with, surprise, or take any Ship or Vessel standing in Obedience to the Parliament or any of their Adherents, or shall turn Robber, and use to exercise Piracy, either upon or against any Merchants or other ships, shall be punished with death. XX. All persons whatsoever that shall come or be found in the nature of Spies, to bring any seducing Letters or Messages from the Enemy, or shall attempt or endeavour to corrupt any Captain, Officer, Mariner or others of the Navy or Fleet, to betray his or their trust, and yield up any Ship, or Ammunition, or turn to the Enemy, shall be punshed with death. XXI. None shall utter any words of Sedition and Uproar, nor make or endeavour to make any mutinous Assemblies upon any pretence whatsoever, upon pain of death. XXII. No person shall conceal any Mutinous Words, or any Words spoken by any to the prejudice of the present State or Government, or any Words tending to the hindrance of the Service, but shall reveal them to his superior, that a meet proceeding may be had thereupon, upon pain of such punishment as a Council of War shall find to be just. XXIII. 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 Council of War shall find the matter to deserve. XXIV. If any find cause of complaint of the unwholesomeness of his Victuals, or upon other just ground, he shall quietly make the same known to his Superior, or Captain, or Commander in chief, as the occasion may deserve, 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 attempt to stir up any Disturbance, upon pain of such severe punishment as a Council of War shall find meet to inflict. XXV. 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 as the Offence shall deserve. XXVI. None shall use any words tending to the death of the Admirals or Generals, upon pain of death. XXVII. Every Captain shall keep the number and compliment of men allowed to his ship full and complete, and take care to have a full proportion of Mariners and Seamen, and to get and keep such as are able and healthful, and fit for service, and not Boys nor infirm persons, that so the ship may be well manned for fight, and not be pestered with Idlers and Boys, upon pain to be punished as the quality of the Offence may deserve. XXVIII. That there be no wasteful Expense of any Powder, Shot, Ammunition or other Stores, nor any imbezlement thereof, but that the Stores and Provisions be carefully preserved, upon such Penalties, by Death, Fine or otherwise upon the Offenders, Abettors, Buyers and Receivers, as shall be by a Council of War found just in that behalf. XXIX. That care be taken in the conducting and steering of the ships, that through wilfulness, negligence or other default none or the ships be stranded or run upon any Rocks or Sands, or split or hazarded, upon pain that such as shall be found guilty therein, be punished by death or otherwise as the offence may deserve. XXX. None shall imbezle any part of the ships, Tackle or Furniture, or of the Arms or Ammunition, upon pain of death. XXXI. All persons that shall wilfully burn or set fire on any ship, or magazine, or store of powder, or shipboat, catch, hoy or vessel, or tackle or furniture thereto belonging, not appurtaining to an Enemy, shall be punished with death. XXXII. No man shall sleep upon his Watch, or negligently perform the duty imposed on him, or forsake his station, upon pain of death or lesser punishment, as the circumstances of the case shall require. XXXIII. All Murders and wilful killing of any persons in the ship shall be punished with death. XXXIV. All Robbery and Theft shall be punished with death or otherwise, as the Council of War (upon consideration of circumstances) shall find meet. XXXV. The Captains, Officers and Seamen of all ships appointed for Convoy and Guard of Merchant-ships, or any other, shall diligently attend upon that charge without delay, according to their Instructions in that behalf; and whosoever shall be 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 peril and hazard, shall be condemned to make reparation of the Damage to the Merchants, and Owners, and others, as the Court of Admiralty shall adjudge; and shall also be punished criminally, according to the quality and quantity of their Offences, be it by pains of death or lesser punishment: And that no Captain, Master of other Officer of any ship belonging to the State or in their service, shall demand, receive, or take from any Merchant or other, whose ship or goods he is appointed to Convoy, any Fee, Gratuity or Reward in respect thereof, upon pain that such Captain, Master and Officer shall for such Offence be cashiered. XXXVI. No Provost-Marshal belonging to the Fleet shall refuse to receive or to keep any Prisoner committed to his charge, nor dismiss him, nor suffer him to escape, being once in his custody, upon pain of being liable to the same punishment which should have been inflicted upon the party dismissed or permitted to escape, or such other punishment as the Council of War shall think fit. XXXVII. No man shall presume to use any braving or menacing Words, Signs or Gestures while the Court-Martial is sitting, upon pain of Fine and Imprisonment. XXXVIII. All Captains, Officers and Seamen shall do their endeavour 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 in the Court-Marshal at discretion. XXXIX. All other Faults, Disorders and Offences not mentioned in these Articles, shall be punished according to the Laws and Customs of the Sea, and according to the general Customs and Laws of War. Hen: Scobell, Cleric. Parliamenti. FINIS.