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 Sailers and Mariners therein.
Anno 3 Edw. I. cap. iv.
COncerning WreckWreck. at Sea: Where a Man, Dog or Cat, Eſcape out of the Ship Quick, that Ship or Barge, &c. or any thing within them, ſhall not be adjudged Wreck; but the Goods ſhall2 be ſaved, and kept by the View of the Sheriff, Coroner, or the King's Bayliff; 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 bin uſed in the time of the Honourable Prince Edward, Grandfather of Richard the Second.
Anno 15 Rich. II. cap. iii.
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 Admirals Court ſhall have no3 manner of Conniſance, Power or Iurisdiction,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 ShipsArreſt Ships. in the great Floats for the great Voiages of the King and the Realm, ſaving always to the King all manner of Forfeitures,Admiralty Juriſdiction of Floats. And he ſhall have alſo Iuriſdiction of the ſaid Floats during the ſaid Voiages only.
Anno 2 Hen. IV. cap. xi.
THe Statute 13 Richard the Second confirmed,Action contra Admiral. and Action given againſt the Admiral, &c. 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 Pyrates, 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, &c. pretend to have Iurisdiction, ſhall be Inquired,Tryal of Piracy. Try'd and Determined in ſuch Shires as ſhall be limited in King's CommiſſionCommiſſion. under the Great Seal to Admiral, &c. Directed to Hear and Determine ſuch Offences according to Common Courſe of the Laws of the Land.
II. To enquire by Iury as if Offences committed at Land, upon Indictment for ſuch Offence, like Tryal,Tryal. &c. as in Caſe of Offences committed at Land: And Perſons ConvictPerſons Convict. ſhall have and ſuffer ſuch Pains of Death, Loſs of Lands, &c. as if they had been Convicted of Felony or Murder done on Land. Judgment.
III. No Clergy or Sanctuary to be allowed. Clergy, Sanctuary.
5IV. 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 Iurisdiction of Cinque Ports,Cinque-Ports. Then to be directed to the Lord Warden, &c.
In Caſe of ſuch Commisſion within Cinque Ports,Tryal in Cinque Ports. Tryal to be by the Inhabitants of Cinque-Ports.
Anno 28 Hen. VIII. cap. xv.
I. REcites where Traytors,Pirates, Traytors. Pirates, Thieves, Robbers, Murderers and Confederates upon the Sea have eſcaped un-puniſhed becauſe of the difficulty of Proceedings before Lord Admiral according to Courſe of Civil Law, Directs TryalDirects Tryal. 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, &c. to hear and determine as the Common Law of Land directs.
6II. Commiſſioners have Authority to Proceed by Inqueſt to take Indictments by Oath of Twelve Iurors Inhabitants in County limited in Commiſſion,Inqueſt by Jury. Such Tryal to be had, and IudgmentJudgment. on Perſons Convict, as if for like Offences at Land.
III. Proviſo to take away ClergyClergy. from Perſons Convict on that Commiſſion.
Things taken for neceſſity.IV. Like Direction for things taken for neceſſity, and giving Security for Paiment, as in 27 Hen. 8.
V. Like Directions as 27 Hen. 8. for Commiſſioners of Cinque Ports.
VI. Like Directions for Tryal 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, &c.
7Firſt Recites, That for few years then paſt, there has bin taken by certain Officers of the Admiralty of ſuch Merchants as practis'd 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, &c. by himſelf or his Servants, &c. 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 Voiages, or any of them, upon pain of forfeitureForfeiture. for the firſt Offence treble the ſum or ſumms 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 or8 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 Iuſtices 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 Queens Iurisdiction of Admiralty; but that the Lord High Admiral or Deputies may execute all kind of Iurisdiction belonging to the Sea,Admiral's Juriſdiction ſaved. according as might have bin done before the making of this Statute.
Anno 5 Eliz. cap. v. An Act touching Politick 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 bin 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 Sailers. in all Pains and other Forfeitures, did and doth extend to every Mariner and Gunner having taken Preſs-Wages to ſerve the Queens Majeſty her Heirs and Succeſſors.
10Juſtices 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 enquire 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 Politick, for or touching any Liberty or Iurisdiction 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 Highneſſes Taker to Her Two Iuſtices of Peace next Inhabiting Sea Coaſts, &c. where the ſaid Mariners are to be taken, to the intent the Iuſtice may chooſe out, and cauſe to11 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 Iurisdiction 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 Iudgment 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 Majeſties Navy, Ships of War, and Forces by Sea.
For Regulating and better Government12 of His Majeſties 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, &c.
The Publick Worſhip of God.I. That all Commanders, &c. ſhall cauſe the Publick 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 Majeſties Pay, uſing unlawful and raſh Oaths, Curſings, Execrations, Drunkenneſs, Vncleanneſs, 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,13 or any Perſon in Rebellion againſt His Majeſty, &c. 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, &c. 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 inferiour Officer, Mariner or Soldier, or other, in the Fleet, and the ſaid Officer, &c. do not within two hours, (having opportunity ſo to do) acquaint the ſuperiour Commander of it; Or if a ſuperiour Officer or Commander or Mariner being acquainted therewith by an inferiour 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.
14Relieving 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, &c. 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 ſurprized or ſeized 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 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 Majeſties Pay ſhall take out of any Prize, or Ship, or Goods ſeized, or for Prize any Money,15 Plate, Goods taking, or Tackle before Iudgment thereof firſt paſt in Admiralty Court, but the full and entire account of the whole without Imbezlement ſhall be brought in, and Iudgment paſs intirely 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, &c.) 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, &c. 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.
16Foreign 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 ſtrip'd of their Cloaths, or in any ſort Pillaged, beaten or evilly intreated, upon Pain that the Perſon or Perſons ſo offending ſhall Forfeit double Dammages, but the ſaid Foreign Ships, and all the Goods ſo taken, ſhall be reſerved entire to receive Iudgment in the Admiralty Court according to Right and Iuſtice.
The Duty of Captains, &c. 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 Inferiour Officers and Common Men to Fight couragiouſly, and not to behave themſelves faintly, ſhall be Caſhier'd, 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.
17XI. All Officers to obſerve the Commands of the Admiral, &c.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 Superiour 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 ſuperiour 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 Vtmoſt to kill, take and dammage the Enemy, Pirate and Rebels, and aſſiſt and relieve all and every His Majeſties Ships, ſhall for ſuch Offence or Cowardice, or other diſaffection, be Tryed, and ſuffer Pains of Death, or other Puniſhment,Penalty. as the circumſtance of ſuch18 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 Majeſties 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.
19XIV. Penalty for not chaſing 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 Chace 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 ſtop'd or diſcourag'd 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.
20Deſerting the Service, or running away, or enticing others ſo to do.XVII. All Sea-Captains, Officers or Mariners that ſhall Deſert the Service or Imployment 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 SpiesSpies. 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 Vtter 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 Traiterous, or Mutinous Practices or Words.XX. No Perſon in or belonging to the Fleet ſhall conceal any Trayterous 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 tending21 to the hindrance of the Service, but ſhall forthwith reveal the ſame to his ſuperiour, That a meet Proceeding may be had thereupon, upon Pain of ſuch PuniſhmentPuniſhment. as a Court Martial ſhall find to be juſt.
XXI. Quarrelling or ſtriking a ſuperiour Officer.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 nature of the matter to deſerve.
XXII. Unwholeſomneſs 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 Superiour, 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 Superiour 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.
22Quarrelling 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 PuniſhmentPuniſhment. as the Offence ſhall deſerve, and the Court Martial ſhall impoſe.
Waſtful Expences of Ammunition.XXIV. That there be no waſtful 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 Offendors, Abettors, Buyers and Receivers,Buyers and Receivers. as ſhall be by a Court Martial found juſt in that behalf.
Care of Conducting and Steering ShipsXXV. That care be taken in the Conducting and Steering of Ships that through wilfulneſs, negligence or other defaults none of His Majeſties 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 Iudged to deſerve.
23XXVI. Burning Ships &c.All Perſons that ſhall willingly burn or ſet Fire on any Ship or Magazine, or Store of Powder, or Ship, Boat, Ketch, 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 PuniſhmentPuniſhment. as the circumſtances of the Caſe ſhall require.
XXVIII. All MurthersMurthers. and wilful killing of any Perſon in the Ship ſhall be puniſhed with Death.
XXIX. All Robbery and TheftRobbery 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 MarſhalProvoſt Marſhal. belonging to the Fleet ſhall refuſe to receive or keep any Priſoner committed to his Charge,Priſoners. nor ſuffer him to EſcapeEſcape. being once in his24 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, &c. apprehending Offenders, &c. 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 DeathDeath. without Mercy.
Where Faults and Miſdemeanours have no Puniſhment preſcribed.XXXIII. All other Faults, Misdemeanors 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 inferiour Vice-Admirals or Commanders in Chief of any Squadron25 of Ships, to call and aſſemble Court Martials,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 Admirals Lieutenant to be eſteemed as a Captain;Five at leaſt where Death, And in no Caſe where Sentence of Death ſhall paſs by Vertue 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 commited 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 Voiage beyond, whereupon Sentence of Death, then 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 OathThat the Iudge Advocate of any Fleet to have power to Adminiſter an Oath to any Perſon or Witneſs in order to Examination or Tryal of the aforeſaid Offences, and in the abſence of a Iudge 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.
26Proviſo, touching Power of Lord High Admiral, &c.XXXVI. Proviſo, that this Act ſhall give no larger Power, &c. to the Lord High Admiral, &c. 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 Iurisdiction of the Admiralty, and Committed by ſuch Perſons as ſhall be in actual Pay and ſerve in His Majeſties 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 Majeſties Navy and Ordnance.
How Carriages be provided for Navy, and OrdnanceIT is Enacted, That from and after the 24th of June 1662, as often as the Service of His Majeſties Navy or Ordnance ſhall require any Carriages by Land, upon27 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 Majeſties 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 Iuſtices dwelling near the place where the Carriages ſhall be required, the Iuſtices may and ſhall iſſue their Warrants to the adjacent Pariſhes, &c. as they ſhall think fit within their reſpective Iuriſdictions 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, &c. 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;28 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 Majeſties 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 Majeſties Service, the Owners to be Paid by the Tun, as uſually by Merchants, And if the Owners and His Majeſties 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, &c. 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 Iuſtices29 or Mayor, or other chief Officer of the City, &c. 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 Majeſties 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 Treble the Freight of ſuch Ship, &c. not exceeding 50 l. in the whole, To be forthwith Levied in default of Payment to His Majeſties Vſe by Warrant under the Hand of the aforeſaid reſpective Officers before whom Proof and Conviction (by diſtreſs) rendring the Overplus, if any.
Provided, That no Horſes,Continuance in ſervice. &c. ſhall be inforced to Travel more days Iourney from the Place they receive their Lading than expreſſed in Iuſtices 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 Iuſtice, chief Officer, Conſtable or Perſon by Lord High Admiral,30 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, &c. who ought not to make ſuch Carriages,No more Carriages, &c. to be taken than neceſſary. or ſhall Impreſs more Carriages than neceſſary, or ſhall be commanded by his ſuperiour Officer, upon conviction ſhall forfeit 10 l. to the Party grieved, to be ſued for in His Maieſties 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. &c. Ships, Hoys, &c. 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 Iuſtices of Offender, and Treble Coſts and Dammages 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. Inhabitants31 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 Majeſties Navy Royal.
I. REcites divers Fightings,Recitals of diſturbances in the Navy, Yards, &c. Quarrels, &c. do often happen in His Majeſties Yards, Offices, &c. belonging to the Navy, and frequent diſorders happen in the Office of the Treaſury of the Navy in Pay-Days in London, &c. either by the Turbulency of Seamen, or Rudeneſs of Officers when queſtioned by the Commiſſioners about the Imbezlement of Stores, Proviſions, &c.
II. It is Enacted,Who may puniſh Offenders That the Treaſurer, Comptroller, 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 ſuch32 Offendors, 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, Fighting 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, &c.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 non-payment. Proceedings on Oath. To be Paid to the uſe of the Cheſt at Chatham, the Proceedings 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.
33V. Imbezling Stores.Whereas His Majeſties Stores, &c. belonging to the Navy are imbezled 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 enquire and ſearch for the ſame in all places, as Iuſtices 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 Offendor to Goal, or to the Cuſtody of their Meſſenger till the Offendor 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 to34 continue from the firſt of June 1664 for Two Years, continued per Statut. 19 Car. II. cap. vii.
Anno 16 Car. II. cap. vi. An Act to prevent the Delivering Up of Merchant Ships, and for the better Encouragement of Captains, &c. to defend their Ships.
Sect. 10. Incouragement for ſailers 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 Iudge of the Admiralty, &c. 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 Sailers 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. vii. An Act to prevent Diſturbances of Seamen and others, and to preſerve the Stores belonging to His Majeſties Navy Royal.
THE ſame as the Statut. 16 Car. II.Sect. 6. Encouragement for Mariners, &c. Ordinary, &c. to take but 12 d. for Probate, Will, &c. cap. v. and further Enacts, That for better encouragement of Mariners &c. Serving in His Majeſties Fleet &c. No Ordinary, Regiſter &c. ſhall take or receive of the Executor or Adminiſtrator, dying in the pay of His Majeſties 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. reviv'd.
This Act to continue Two Years,Sect. 7. but afterward reviv'd 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 Majeſties Ammunition and Stores.
Sect. 2WHereas 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 &c. Or if any Victuals provided for the Victualing of any Soldiers, Gunners, Mariners or Pioneers, ſhall for any Lucre or Gain, or willingly, &c. 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 Iudged Felony,Felony. And the Offendor to ſuffer as in Caſe of Felony.
Sect. 3It is Enacted, That no Perſon who ſhall from and after the 25th May 1670,Imbezlers, &c. hindred from Clergy. be Indicted for any Offence Commited againſt the ſaid recited Act or ſhall Feloniouſly ſteal or imbezle any of His Majeſties Sayles37 Cordage or any other of His Majeſties Naval Stores to the Value of Twenty Shillings and thereof ſhall be Convicted by Iury 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 Majeſties Navy Royal, with ſome Alterations and Additions. Recital of the Act made 19 Car. II. cap. 7.
REcital,Stat. 19 Car. II 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, &c.) 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 Majeſties Naval Goods Proviſions &c. from His Majeſties Yards Wharfes &c. to His Majeſties Ships or ſuch Perſons as are imployed to re-carry or remove from the ſaid Ships ſuch Naval Goods38 Proviſion &c. to His Majeſties 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 imployed.
No Perſon to imbezle Kings Stores.That Iuſtice may be more ſpeedily done, It is Enacted, That the Treaſurer, Comptroller, Surveyor, Clerk of the Accounts, and Commiſſioners of the Navy, or any one or more of them, where the Value of the Goods ſo imbezled, 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 imbezled or carried away) the Fine to be levied by Diſtreſs by Warrant of him or them that ſhall Convict the Offendor, in caſe of no Goods to Commit the Party offending by39 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. Comptroller, &c. or any one or more of them, upon Oath of Two or more Credible Witneſſes teſtifying that His Majeſties 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 Tyde within any of the Roads, Creeks, &c. within His Majeſties 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, &c. 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 Cabbins or other Places of the Ship,Break open Hatches, &c. and Search therein for any ſuch Stores, Ammunition, &c. or any other Naval Goods belonging to the Navy, which have been imbezled and taken40 away, And the ſame to Seize and carry into His Majeſties Stores, to be applied to the King's Vſe, 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 Iudgment of Commiſſioners to take his Remedy for the ſaid Goods ſo Seized by due Courſe of Law. Remedy to Party griev'd.
No Perſon to Perſonate any Seaman, &c. in the Preſence of any Commiſſioners, &c. 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 Majeſties Commiſſioners aforeſaid, or in Preſence of Pay-Maſter or Caſhier of His Navy, in order to receive any Money due from His Majeſty to the Seaman, Soldier, &c. aforeſaid, the Perſon offending may be immediately Committed to Priſon by any the Principal Officers and Commiſſioners until he or they find Bayl 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 Governour of the Cheſt at Chatham,Puniſhment. for the uſe of41 the uſe of the Poor there, and ſuffer Impriſonment not exceeding a Year.
Every Perſon who ſhall Counterfeit the Hands of the Treaſurer,None to counterfeit Hands of Treaſurer, &c. Comptroller, 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 Majeſties Navy, Ships or Yards, or of any of them, to any Bill, Ticket, or other Power, by vertue 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. Comptroller, 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 Majeſties Treaſure, Victuals, Stores or Proviſions of the Navy, or for the preſervation of due Order and Diſcipline therein in all matters cognizable42 by the ſaid Officers and Commiſſioners.
General Liberty given to execute their power.That the ſaid Treaſurer, Comptroller, &c. and Commiſſioners of the Navy, and every one of them, may execute all the powers given by this Act on all Offendors in all places, as well within Liberties as without.
But 5 s. to be taken for Probate, Will, &c.That no Ordinary, Regiſter or other Officer belonging to Eccleſiaſtical Court or Courts of Orphans, or any Iurisdiction whatſoever, ſhall take of the Executor or Adminiſtrator (being Wife, Child or Children, or next of Kindred of any Mariner, &c.) Except where Party deceaſed leave an Eſtate of 20 l. or more) dying in the Pay of His Majeſties Navy,Of an Eſtate not exceeding 20 l. above the ſum of Five Shillings for the whole Charges of the Probate of any Will, Regiſtring the ſame, Granting of her Letters of Adminiſtration, &c. 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 Majeſties43 Courts at Weſtminſter, and there no Eſſoigne or Protection, &c.
Provided, that no Clauſe, &c. 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 Offendor puniſht by this Act ſhall be puniſht 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. Intituled, 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.44 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 Majeſties 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 Imployment either by Sea or Land,Perſons hereafter to be Officers to take Oaths, &c. 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 Admiral45 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 Imployment.
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 bin 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 ought 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, Iuriſdictions 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 AdmiralProviſo, That nothing in this Act give any other Power to Commiſſioners,47 &c. than Lord High Admiral lawfully had.
Proviſo,Officers of Court Martial to take Oath. That upon Tryals Offenders by Court Marſhal by vertue of any Commiſſion by Lord High Admiral or Commiſſioners of Admiralty, Every Officer preſent ſhall before proceeding to Tryal 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 Try'd.
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 Seſſion48 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 Ladings, 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 Majeſties 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 Iudge of the Admiralty that the Goods taken are periſhable,If Goods periſhable, may be ſold. in which Caſe the Iudge ſhall take Bayl 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.
49III. Prize Goods after condemnation to be Entred 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 Majeſties 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 Entred and Landed, and to be brought into His Majeſties Ware-houſe of ſuch Port where ſuch Goods, &c. are Imported, there to remain until Sold, as hereafter directed.
IV.Prize Goods to be ſold by Inch of Candle. That as ſoon as may be after the ſaid Goods ſhall be adjudg'd 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 intruſted by ſuch Ships of War, publickly and openly Sold by Inch of Candle (Publick Notice being firſt given at the Market Croſs) Fourteen days,Publick Notice of Sale to be given. or other moſt Publick Place of the ſaid Port, as alſo upon the Exchange in the Port of London, of the Quantity and Quality of Goods, &c. to be Sold, and of the Time and Place of Sale.
50Diviſion of the Prize in Caſe taken by Privateer.V. Out of the Proceed of ſuch Sale, the Subſidy of Tunnage and Poundage, and all other Duties and Impoſitions payable to Their Majeſties for ſuch Goods, &c. 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 ſurprized or taken as Prize, and all the Arms and Ammunition, Tackle, &c. 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 Majeſties Ships,How diſtributed in Caſe Prize 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 make51 in that behalf, Provided, That one Third Part ſhall be divided among the Ships Crew, One Third to the Treaſurer of His Majeſties Navy, for the Relief of Sick and Wounded Seamen, and the Widows and Children and impotent Parents of Perſons then in His Majeſties Service at Sea, the other Third Part to the Vſe of Their Majeſties, And in Caſe the ſaid Prize was taken by any Merchants Ships imployed 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 Vſe of Their Majeſties, One Third to the Treaſurer of the Navy for the Purpoſes aforeſaid.
VI. Provided,Imbezlement of Prize-Goods. That if any Captain or other Officers, &c. who ſhall take ſuch Prize, ſhall imbezle, purloyne, conceal or convey away, or put on Shoar any part of the Goods in any place whatſoever, other than His Majeſties Warehouſes of the ſaid Ports, the Party offending ſhall forfeit and looſe the whole Share and Benefit of the Prize which otherwiſe he might have had,Puniſhment and Forfeiture. and upon52 Proof thereof upon Oath by one or more Witneſſes before the Commiſſioners of the Cuſtoms in the Port of London (if ſuch Goods were Imbezled 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 Moyety 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 ſhew unto ſuch Perſons ſuch Accounts for their Peruſal,Fee 1 s. for ſhewing Accounts. and to take no Fee or Reward for the ſame more than one Shilling.
53VIII. 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, &c. and alſo the Ship, &c. 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, &c. of French King's Dominions taken by Man of War. &c. ſhall be taken by any Man of War, through conſent, colluſion, &c. 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 Majeſties Courts of Record, and no Protection,Puniſhment and forfeiture. &c. to be allowed, And ſuch Captain or Officer to forfeit his Imployment under Their Majeſties for Seven Years, and the ſaid Ship and Goods adjudg'd 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 His54 Majeſties Cuſtoms, &c. 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, &c. 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 Majeſties ſhare of Prizes.
55XI. 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,56 &c. 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 Majeſties 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 Streights and Mediterranean.XIV. Provided, That where any Ship ſhall be taken as Prize in the Mediterranean Sea, or within the Streights of Gibralter, 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 Original57 Papers taken in ſuch Ships or authentick 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 Majeſties Ports in any of His Majeſties Plantations, and put the ſame in poſſeſſion of Chief Governour, 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 Governour 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 Condemnation58 of ſuch Prize and Payment of Cuſtomes 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 PortsXVIII. For preventing Abuſes practiſed by Privateers pretending to take as Prizes Ships or Veſſels within His Majeſties Ports, Rivers, &c. It is Enacted, That where any Ship, &c. ſhall be taken within any Their Majeſties Ports,The Prizes to belong to His Majeſty. &c. 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, &c. taken as Prize or any Goods therein ſhall appear and be proved in the Court of Admiralty to be belonging to Their Majeſties Subjects of Their Three Kingdoms or Territories thereunto belonging continuing in His Majeſties Obedience, which were before taken as Prize by the Subjects of the French King, and re-taken by Their Majeſties59 Ships of War or other Ship under His Majeſties Obedience and Protection, That then ſuch Ships, &c. and ſuch Goods therein found to belong to Their Majeſties 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 Salvage, if taken by any of Their Majeſties Ships an Eighth Part of the true Value of the Ships,An eighth part inſtead of Salvage to be paid. &c. and Goods reſpectively to be reſtored, which Salvage ſhall be paid to the Captain, &c. 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. &c. 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, &c. to whom the ſame ſhall be reſtored, ſhall pay the full Moyety of the true Value without any deduction.
60Privateer taking Veſſel laden with Wooll.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 Tryal 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, &c. ſerving in His Majeſties 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.
61XXII. 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 ought 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 detain'd. The perſon offending to forfeit double the Sum, to be recovered by Action of Debt with Coſt of Suit, And no Protection, &c.
Anno 5 & 6 Will. & Mar. &c. An Act for the better Diſcipline of His Majeſties 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 Majeſties 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, Entituled, An Act for the Eſtabliſhing Articles and62 Orders for the Regulating and better Government of His Majeſties 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 Majeſties Court of King's Bench at Weſtminſter, or before Iuſtices of Oyer and Terminer, to be Conſtituted by Their Majeſties 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, &c.
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 alledged and laid in any County within this Realm.
Proviſo, That no Perſon Tryed by a Court Marſhal, to be Tryed, &c. Proviſo.Proviſo, That no Perſon who ſhall be Tryed by a Court Marſhal for the ſame Offence, be Tryed by vertue of this Act, &c.
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 Encreaſe and Encouragement of Seamen, &c.
FOraſmuch as the Strength and Safety of His Majeſties 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 Majeſties 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 Publick 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 for64 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 Mannor 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 Incouragement 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 Subiects of this65 Realm, or any of His Majeſties 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 Imployed, deliver and give in his Chriſtian Name and Sirname, with his Age and Place of his Abode and Habitation, unto ſuch Officers as ſhall be appointed for the Regiſtring of Seamen, as is herein after mentioned; And that ſuch and ſo many Publick Officers for the Regiſtring the Perſons for Sea Service as aforeſaid,Offices and Officers for Regiſtring Seamen, &c. ſhall be kept at His Majeſties 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 perform'd 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 Entred down and Regiſtred in Order and Courſe of Time as well the Names, Sir-names, Additions,66 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. &c. he ſhall forfeit the ſum of one Hundred Pounds, one Moyety 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 intermedling therewith, take an Oath before the Iudge of the Admiralty, or before Two or more of His Majeſties Iuſtices of the Peace for that County, &c. 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 Sea-Ports ſhall from Time to Time,67 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, &c. that ſhall be Regiſtred within their reſpective Offices, And of the true Times when ſuch Entry was firſt made, which Certificates ſhall by the ſaid Regiſter be Filed in Courſe of Time as they came in, and the Names of the Seamen, &c. therein mentioned, ſhall be in order of Time, and without any undue Preference, Entred and Regiſtred there alſo, So that in that Office the Number, Names, Places of Habitation of all Seafaring Men Regiſtred throughout the Kingdom, and their reſpective Time of coming in to be Regiſtred 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 oftner 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 Majeſties 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 Number68 of Regiſtred Seamen then alive, ſhall not exceed 30000. Every Regiſtred 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 Intituled to by being in His Majeſties Service, And in every Year during which the Regiſtred Seamen then alive ſhall exceed 30000, there ſhall in like manner be allowed 40 s. a Year to each of the firſt 30000 Regiſtred,Reward to Regiſtred Seamen. And moreover, none but ſuch Regiſtred Perſons ſhall be Preferred to any Commiſſion or Warrant Offices in the Navy, and every ſuch Regiſtred Seaman being in His Majeſties 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 comply'd 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.
69Alſo,Double ſhare of Prizes to Regiſtred Seamen. Every Seaman Regiſtered, ſhall upon taking any Prize at Sea wherein he ſhall be Intituled to any Share, have a double part more than any other Seaman of like Quality in the Ship with himſelf.
Vpon producing a Certificate of his being Regiſtred he ſhall from time to time be freed from ſerving upon any Iuries or Inqueſts,Regiſtred Seaman's Priviledge and Exemption. or in the Militia, or in or about the aſſeſſing or Collecting of any Publick Taxes or Aſſeſſments, or in the Offices of Conſtable, Tythingman, Boſholders, Church-Wardens 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 Regiſtred 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 under70 his or their Hands unto the Governour 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 Regiſtred Seamen.Alſo, The Widows of ſuch Seamen who ſhall be Slain, Kill'd or Drowned in the Service, and the Children of ſuch Seafaring Men ſo Kill'd or Drown'd, 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 Regiſtred Seamen do not ſerve.Provided always, That if any Regiſtred Perſon during time of actual War withdraw or abſent himſelf from His Majeſties 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, not71 being detained by Sickneſs or other Bodily Infirmities to be atteſted by the Oath of Two Credible Witneſſes to be allow'd 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 looſe the benefit of this Act,To looſe 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 Regiſtred.
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 Majeſties 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 levyed by ſuch Officers, and72 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 Regiſtred, ſhall bring or cauſe to be brought a Certificate of his Place of Abode, under the Hands of Two Iuſtices 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 looſing the benefit of his being Regiſtred as aforeſaid.
Regiſtred perſons under 18, and above 55, exempted from Service.Regiſtred 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.
Regiſtred Perſons preferr'd to Commiſſion not to be intitled to 40 sRegiſtred 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.
73Commiſſioners of the Admiralty may Diſcharge any Seaman from the Regiſter,Admiralty may diſcharge or expunge Perſons Regiſtred. 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 Impreſs'd, 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 anothers 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 Puniſhment74 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 Regiſtred 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 Regiſtred elſewhere. The ſaid Regiſterer to take their Oaths before the Lord Warden, Governour of Dover, or his Deputy, or ſome Mayor of the Cinque Ports.
Regiſtred perſon ſhall not be obliged to ſerve as a Land Soldier.No Regiſtred Perſon ſhall by vertue of any of the powers before mentioned, be obliged to ſerve as a Land Soldier, but only as a Seaman in His Majeſties Fleet.
Proviſo, Not to hinder perſon from ſerving as Chaplain or Chirurgion.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 Majeſties Royal Perſon and Government.
Sect. 6. IIt's Enacted,Officers Civil and Military, That all and every Perſon and Perſons that ſhall be admitted, entred 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, &c. or in His Majeſties Navy,Officers in Navy, or in the ſeveral Iſlands of Jerſey and Guernſie, or any of His Majeſties Family or Houſhold 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. Intituled An Act for preventing Dangers from Popiſh Recuſants.
76Perſons 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, &c.Sect. 14. Proviſo, That this Act do not extend to any Perſon in His Majeſties Service on Board the Fleet, or beyond Seas, or ſhall go beyond Seas in His Majeſties 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.
77Civil 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 Battel, 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.
78In caſe of neceſſity may be in Line of Battel.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 Battel.
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, &c. 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 Forein built Ships.AMongſt other things it's Enacted, That Maſts, Timber, and other Naval Stores for His Majeſties ſervice for the ſpace of Three Years may be Imported from His Majeſties Colonies or Plantations,〈1 page duplicate〉79〈1 page duplicate〉79into this Kingdom,Appointed by Commiſſioners of Navy. in ſuch Foreign-built Ships as ſhall be imployed by His Majeſties 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, &c. 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. IINota. All Officers Civil and Military, and all Officers in the Navy are to receive80〈1 page duplicate〉〈1 page duplicate〉80the Sacrament in ſome Pariſh Church within Three Months after being in their Places, or having Grant thereof. And in Court of Kings 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 Setled in 1 Will. & Mar. and make the Declaration following:
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.
81Sect. 15. This Act extends not to Non-Commiſſion Officers of the Navy, ſo they ſubſcribe and make the Declaration before-mentioned.
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 Regiſtring Seamen as to ſo much as concerns the relief of diſabled and ſlain Seamen, their Widows and Children. That for Relief and Benefit of Regiſtred Seamen, &c. 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, Kill'd or Drown'd 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, &c. Regiſtred and Diſabled, ſhall upon Certificate in manner as directed by the ſaid Statute be admitted and placed in the ſaid Hoſpital, and ſhall82 be provided out of the Revenues of the ſaid Hoſpital, according to the Rules and Orders to be provided and ſetled for the ſaid Hoſpital, convenient Lodging Meat, Drink, Cloaths, and other Neceſſaries and Conveniencies, and the Widows and Children of ſuch Slain, Regiſtred 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 Regiſtred and diſabled, and divers of the Widows and Children of ſuch Regiſtred 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 Regiſtred 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 Regiſtred always to be preferred and83 admitted into the ſaid Hoſpital, and the Benefits thereof to be imployed 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 Iuſtices 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 Intituled 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 Iuſtices 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 Iuſtice ſhall find any Fraud, ſuch Iuſtices are required to Certifie the ſame to the Commiſſioners of the Admiralty,84〈1 page duplicate〉〈1 page duplicate〉84or Lord High Admiral,And (if find any fraud) to certifie. that ſuch Fraud and Deceit may be prevented.
Maſters Mates and their Wives and Children to have Benefits and advantages of the ActIII. It is Enacted, That if any Perſon Regiſtred, and who are or ſhall be raiſed to the Degree of Maſter's Mate in any of His Majeſties 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 Regiſtred, 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 Majeſties Ships for the ſpace of Seven Years paſt, without wilful deſerting the ſame, ſhall upon producing Certificate under the Hand of one Iuſtice of Peace in manner aforeſaid be Regiſtred, and ſuch Perſon ſo Regiſtred, and their Wives and Children, Executors and Adminiſtrators, to have and85 enjoy the ſeveral and reſpective Priviledges in the ſaid Act.
V. Proviſo,Perſons of 50 not to be Regiſtred until give reaſon for omitting Regiſtring 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 Regiſtring 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 ond ſupport of the ſaid Hoſpital, &c. 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 Majeſties Service, to be and appear before them86 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 unpower'd 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 Offendor or Offendors 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 Majeſties Courts of Record at Weſtminſter, with full Coſts of Suit, Provided, ſuch Maſters be not Quakers, or reputed Quakers.
87VII. 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 Regiſtring Seamen, or Three or more of them or their Deputys, 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 Majeſties Reign is directed, Intituled 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 Offendors, 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.
88Perſons lending Regiſter Certificates.VIII. Whereas ſince making the recited Act divers ill Perſons Regiſtred, have fraudulently lent their Regiſter Certificates to divers Mariners, Seamen, Watermen, &c. who were not Regiſter'd purſuant to the ſaid Act, with intent to keep ſuch Perſons not Regiſter'd from being Impreſs'd in His Majeſties Service, For preventing ſuch evil Practices, It is Enacted, That whatever Perſon or Perſons ſo Regiſter'd, 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 Regiſter'd, to any Mariner, &c. whereby to keep or protect ſuch Perſon from being Impreſſed into His Majeſties 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 Offendors to be ſtruck out of the ſaid Regiſter, and looſe the benefit of the ſaid recited Act, and to be compelled to ſerve in His Majeſties Service, for the ſpace of Six Months, without any Pay, as in caſe of Regiſter'd Man not appearing on Summons to ſerve in His Majeſties Service according to the ſaid Act; And that every Perſon89 who ſhall borrow,Perſons borrowing, how to be puniſht. 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 Vſes as are provided in and by the ſaid recited Statute againſt ſuch Perſons as vouch falſly 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, Bayliffs, or Deputies in Cinque Ports, to be as good as Certificates from Juſtices.Whereas in Iuriſdiction of Cinque Ports and their Towns and Members in Kent and Suſſex, there are not any Iuſtices of Peace, or Diviſions, as in the reſt of the Counties, but only Mayors, Bayliffs and their Deputies, It is Enacted, That ſuch Certificate as aforeſaid, under the Hand and Seal of any Mayor, or Deputy Mayor, Bayliff or Deputy Bayliff within Iurisdiction of the Cinque Ports, obtained in manner as aforeſaid, ſhall be ſufficient where no Iuſtice 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: Allow'd to Colliers not to be Impreſſed.IT is Enacted, That for Encouragement of all ſuch Ships or Veſſels as ſhall be imployed 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 imploy'd 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 Burthen, according to the91 Meaſurement which ſuch a Ship or Veſſel ſhall appear to be of by a Certificate which ſhall be produced from the Cuſtom-Houſe of what number of Tuns ſuch a Ship or Veſſel hath Paid for, by an Act for Levying a Duty on Tunnage 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 Majeſties Courts of Record, wherein no Eſſoigne, &c. ſhall be allow'd, and ſhall alſo be made incapable of holding any Place, Office or Imployment in any of His Majeſties 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 appointed92 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 imployed 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 Majeſties King William and Queen Mary.
So help me God, &c.
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 Murthered by Their Subjects, or any other whatſoever.
94And I Declare, That no Foreign Prince, Perſon, Prelate, State or Potentate, hath or ought to have any Iurisdiction, Power, Superiority, Preeminence or Authority Eccleſiaſtical or Spiritual within this Realm.
So help me God, &c.