ANNO XIII. CAROLI II. Regis. An Act for the Eſtabliſhing Articles and Orders for the Regulating and better Government of His Majeſties Navies, Ships of War, and For­ces by Sea.

FOr the Regulating and better Government of his Majeſties Navies, Ships of War, and Forces by Sea, wherein under the good Providence and Protection of God, the Wealth, Safety, and Strength of this Kingdom is ſo much concerned. Be it enacted by the Kings moſt Excel­lent Maieſty, with the Advice and Con­ſent of the Lords and Commons in this pereſent Parliament aſſembled, and by2 the Authority thereof, That all and every the Articles and Orders in this Act men­tioned, ſhall be duely and reſpectively put in Execution, obſerved, and obeyed in manner hereafter mentioned.

THat all Commanders, Captains, and other Officers at Sea, ſhall cauſe the Publique Worſhip of Almighty GOD, according to the Liturgy of the Church of England, eſtabliſhed by Law, to be ſolemnly, orderly, and reverently performed in their reſpective Ships: And that Prayers and Preachings by the reſpective Chaplains, in holy Orders, of the reſpective Ships, be performed diligently; and that the Lords day be obſerved according to Law.

II. Every perſon and perſons in His Majeſties pay, uſing unlawful and raſh Oaths, Curſings, Execrations, Drunken­neſs, Uncleanneſs, or other ſcandalous Actions, in deroga­tion of GODS honour; and corruption of good manners, ſhall be puniſhed by Fine, Impriſonment, or otherwiſe, as the Court-Martial ſhall think fit.

III. If any Officer, Mariner, Souldier, or other perſon in the Fleet, ſhall give, hold, or entertain Intelligence, to or with any King, Prince, or State; being enemy to, or any perſons in Rebellion againſt His Majeſty, His Heirs and Succeſſors, without direction or leave from the Kings Maje­ſty, the Lord High-Admiral, Vice-Admiral, or Commander in chief of any Squadron, every ſuch perſon or perſons ſo offending, ſhall be puniſhed with death.

IV. If any Letter or Meſſage, from any King, Foreign Prince,3 State, or Potentate, being an enemy to the Kings Majeſty, His Heirs and Succeſſors, or on their behalf, be conveyed to any inferiour Officer, Mariner, or Sou•••••, or other in the Fleet, and the ſaid Officer, Mari••••ouldier, or other, aforeſaid, do not within twelve〈◊〉, having op­portunity ſo to do) acquaint the Superiour C••mander with it; or if a Superiour Officer, or Mariner, being acquainted therewith by an Inferiour Officer, Mariner, or other, 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-Martial ſhall think fit.

V. No perſon or perſons of the Fleet ſhall relieve an Ene­my or Rebel, in time of War, with Mony, Victuals, Pow­der, Shot, Arms, Ammunition, or any other Supplies what­ſoever, directly or indirectly, upon pain of death, or ſuch other puniſhment, as the Court-Martial ſhall thing fit to impoſe.

VI. All the Papers, Charter-parties, Bills of Lading, paſ­ports, and other Writings whatſoever, that ſhall be taken, ſeized, or found aboard any Ship or Ships, which ſhall be ſurpriſed or ſeiſed as Prize, ſhall be duly preſerved, and not torn, nor made away, but the very Originals ſent up intirely, 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 further puniſhment to be inflicted upon the Offen­ders therein, as the quality of their offence and miſdemeanor ſhall be found to deſerve, and the Court-Martial ſhall im­poſe.

VII. None in his Majeſties pay ſhall take out of any prize, or Ship, or Goods ſeized on for Prize, any Mony, Plate, Goods, Lading, or Tackle, before Judgment thereof firſt paſt in the•dmiralty Court; but the full and intire accompt of the whol•without imbezlement, ſhall be brought in, and Judgme•••aſt intirely upon the whole, without fraud, upon pain of ſuch puniſhment as ſhall be impoſed by a Court-Martial, or the Court of Admiralty; excepting, That it ſhall be lawful for all Captains, Seamen, Souldiers, and others, ſerving as aforeſaid, to take, and to have to themſelves, as Pillage, without further or other accompt 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 or prize) upon or above the Gun-deck of the ſaid Ship, and not otherwiſe.

VIII. None ſhall imbezle, ſteal, or take away any Cables, Anchors, Sails, or any 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 Court-Martial to deſerve.

IX. 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 Cloaths, or in any ſort pillaged, beaten, or evil 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 preſerved intire to receive Judgment in the Admiralty Court, according to right and Juſtice.

X. Every Captain or Commander, who upon ſignal, or, order of fight, or view, or ſight of any Ships of the Enemy, Pirate, or Rebel, or likelihood of Engagement, ſhall not put all things in his ſhip in a fit poſture for fight, and ſhall not in his own perſon, and according to his place, hearten and encourage the inferiour Officers and common men to fight couragiouſly, and not to behave themſelves faintly, ſhall be caſhiered; And if he or they ſhall yield to the Enemy, Pirate or Rebels, 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. Every Captain, Commander, and other Office, Seamen, or Souldier of any Ship, Frigat, or Veſſel of War, ſhall duly obſerve the Commands of the Admiral, or other his Superiour or Commander of any Squadron, as well for the Aſſailing or ſetting upon any Fleet, Squadron, or Ships of the Enemy, Pirate, or Rebels, or joyning Battel with them, or making defence againſt them, as all other the Com­mands of the Admiral, or others his Superiour Commander upon pain to ſuffer death or other puniſhment, as the quality of his neglect or offence ſhall deſerve.

XII. Every Captain, and all other Officers, Mariners, and Souldiers of every Ship, Frigat, or Veſſel of War, that ſhall in time of any fight or engagement, withdraw, or keep back, or not come into the fight and engage, and do his ut­moſt, to take, fire, kill, and endamage the Enemy, Pirate, or Rebels; and aſſiſt, and relieve all and every of His Maje­ſties Ships; ſhall for ſuch offence of cowardize or diſaffection be tryed and ſuffer pains of death, or other puniſhment, as the circumſtance of the offence ſhall deſerve, and the Court-Martial ſhall judge fit.

XIII. The Captains, Officers, and Seamen of all Ships appointed for Convoy and Guard of Merchants 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 hazard and peril; or ſhall de­mand and exact any Mony, or other Reward from any Merchant and Maſter, for conveying of any ſuch Ships or o­ther Veſſels belonging to His Majeſties Subjects, ſhall be con­demned to make reparation of the damage to the Merchants, Owners, and others, as the Court of the Admiralty ſhall ad­judge; and alſo be puniſhed criminally, according to the qua­lity of their offences, be it by pains of death or other puniſh­ment, according as ſhall be judged fit by the Court-Martial.

XIV. Whatſoever perſon or perſons, in, or belonging to the Fleet, either through cowardize, negligence, or diſaffe­ction, ſhall forbear to purſue the chaſe of any Enemy, or Pirate, or Rebel 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-Martial ſhall find fit.

XV. 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 pretence of Wages whatſoever, upon pain of death.

XVI. All Sea-Captains, Officers, and Seamen, that ſhall betray their Truſt, or turn to the Enemy, Pirate, or Rebels, and either run away with their Ship, or any Ordnance, Am­munition, or Proviſion, to the weakning of the Service, or yield the ſame up to the Enemy, Pirate, or Rebels, ſhall be puniſhed with death.

XVII. All Sea-Captains, Officers, or Mariners, that ſhall deſert the Service or their Imployment in the Ships, or ſhall run away, or intice any others ſo to do, ſhall be puniſhed with death.

XVIII. All perſons whatſoever that ſhall come, or be found in the nature of Spies, to bring any ſeducing Letters or Meſſages from any Enemy or Rebel, or ſhall attempt or en­deavour to corrupt any Captain, Officer, Mariner, or other of the Navy or Fleet, to betray his or their Truſt, and yield up any Ship, or Ammunition, or turn to the Enemy or Rebel, ſhall be puniſhed with death.

XIX. No perſon in or belonging to the Fleet, ſhall utter words of Sedition or Mutiny, nor make, or endeavour to make any Mutinous Aſſemblies upon any pretence whatſoe­ver upon pain of death.

XX. No perſon in or belonging to the Fleet, ſhall con­ceal any Traiterous or Mutinous Practices, deſigns, or words, or any words ſpoken by any to the prejudice of His Majeſty or Government, or any words, practices, or deſigns, tending to the hindrance of the Service, but ſhall forthwith reveal them to his Superiour, that a meet proceeding may be had thereupon, upon pain of ſuch puniſhment as a Court-Mar­tial ſhall find to be juſt.

XXI. None ſhall preſume to quarrel with his Superiour Of­ficer, upon pain of ſevere puniſhment, nor to ſtrike any ſuch upon pain of death, or otherwiſe, as a Court-Martial ſhall find the matter to deſerve.

XXII. If any of the Fleet find Cauſe or complain of the unwholſomneſs of his Victuals, or upon other Juſt ground, he ſhall quietly make the ſame known to his Superiour, 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 Superiour or Commander is to cauſe the ſame to be preſently remedied accordingly; but no perſon upon any ſuch or other pretence ſhall privately at­tempt or ſtir up any diſturbance, upon pain of ſuch ſevere puniſhment as a Court-Martial ſhall find meet to inflict.

XXIII. None ſhall quarrel or fight in the Ship, nor uſe provoking or reproachful Speeches tending to make any quarrel or diſturbance, upon pain of impriſonment, and ſuch other puniſlement as the offence ſhall deſerve, and the Court-Martial ſhall impoſe.

XXIV. That there be no waſteful expence 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 penalties by Fine, Impriſon­ment or otherwiſe, upon the Offenders, Abetters, Buyers, and Receivers, as ſhall be by a Court-Martial found juſt in that behalf.

XXV. That care be taken in the conducting and Steering of the Ships, that through willfulneſs, negligence, or other defaults, none of his Majeſties Ships be ſtranded or run upon9 any Rocks or Sands, or ſplit, or hazarded, upon pain that ſuch as ſhall be found guilty therein, be puniſhed by Fine, Impriſonment, or otherwiſe, as the offence by a Court-Martial ſhall be adjudged to deſerve.

XXVI. All perſons that ſhall willing burn or ſet fire on any Ship, or Magazine, or Store of Powder, or Ship-Boat, Ketch, Hoy, or Veſſel, or Tackle, or Furniture thereto belonging, not appertaining to the Enemy or Rebel, ſhall be puniſhed with death.

XXVII. No man, in, or belonging to the Fleet, ſhall ſleep upon his Watch, or negligently perform the duty inpoſed on him, or forſake his ſtation, upon pain of death, or other puniſhment as the Circumſtances of the Caſe ſhall require.

XXVIII. All Murthers and willful Killing of any Perſons in the Ship, ſhall be puniſhed with death.

XXIX. All Robbery and Theft committed by any perſon, in or belonging to the Fleet, ſhall be puniſhed with death, or otherwiſe, as the Court-Martial upon conſideration of the circumſtances ſhall find meet.

XXX. No Provoſt-Martial belonging to the Fleet, ſhall refuſe to receive or keep any Priſoner committed to his charge, nor ſuffer him to 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 upon the party diſmiſſed, or permitted to eſcape, or ſuch other puniſhment as the Court-Martial ſhall think fit.

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.

XXXII. If any perſon or perſons, in or belonging to the Fleet, ſhall commit the unnatural and deteſtable ſin of Buggery, or Sodomy, with Man or Beaſt, he ſhall be puniſhed with death without Mercy.

XXXIII. All other Faults, Miſdemeanors, and Diſorders commit­ted at Sea, not mentioned in this Act, ſhall be puniſhed by the Laws and Cuſtoms in ſuch caſes uſed at Sea.

XXXIV. And it is hereby further Enacted, That the Lord High-Ad­miral for the time being, ſhall by vertue of this Act have full power and authority, to grant Commiſſions to Inferiour Vice-Admirals, or Commanders in chief of any Squadron of Ships, to call and aſſemble Court-Martials, conſiſting of Comman­ders and Captains; and no Court-Martial, where the pains of death ſhall be inflicted, ſhall conſiſt of leſs than five Captains at leaſt, the Admirals Lieutenant to be as to this purpoſed eſtee­med as a Captain; and in no cauſe wherein Sentence of Death11 ſhall paſs by vertue of the Articles aforeſaid, or any of them (except in caſe of Mutiny) there ſhall be execution of ſuch Sentence of Death without the leave of the Lord High-Ad miral; if the offence aforeſaid be committed in any Voyage beyond the Narrow Seas, whereupon Sentence of Death ſhall be given in purſuance of the aforeſaid Articles, or of any of them, then Execution ſhall not bed one but by Order of the Commander in chief of that Fleet or Squadron wherein Sen­tence of Death was paſſed.

XXXV. And be it further Enacted and Declared, That the Judge-Advocate of any Fleet, for the time being, ſhall have full power and authority to adminiſter an Oath to any perſon or witneſs in order to the Examination or Tryal of any of the offences aforeſaid; and in the abſence of a Judge-Advocate, the Court-Martial ſhall have full power and authority to ap­point any perſon to adminiſter an Oath to the purpoſes afore­ſaid.

PRovided alſo, and it be further Enacted by the Authori­ty aforeſaid, That this Act or any thing or things therein contained, ſhall not in any manner of wiſe extend to give un­to the Lord Admiral of ENGLAND, for the time being, or to any his Vice-Admirals, Judge or Judges of the Admiral­ty, his or their Deputy or Deputies, or to any other the Offi­cers or Miniſters of the Admiralty, or to any others having or claiming any Admiral Power, Juriſdiction, or Authority with­in this Realm and WALES, nor any other the Kings Domi­nions, any other Power, Right, Juriſdiction, Preheminence,12 or authority, than he or they, or any of them, lawfully have, hath, or had, or ought to have, and enjoy before the making of this Act, other than for ſuch of the offences ſpecifi­ed in the ſeveral Articles contained in this Act, as hereafter ſhall be done upon the main Sea, or in Ships or Veſſels being and hovering in the main Stream of great Rivers, only be­neath the Bridges of the ſame Rivers, nigh to the Sea within the Juriſdiction of the Admiralty, and in none other places whatſoever? and committed only by ſuch perſons as ſhall be in actual Service and pay in His Majeſties Fleet, or Ships of War.