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 shall [Page 2] 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 no [Page] [Page] [Page 3] 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.

IV. Proviso, That things taken for Necessity,Things taken for necessity. Persons so taking shall not be punished, if give Security for Payment.

V. If Commission directed with in 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.

II. 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.

First 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 or [Page 8] 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.

Justices of Peace to de­termine the Offences. ¶ Nota: The Punishment by the 18th of Hen. VI. is as Felony, and the Justices of the Peace have the Power to 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 to [Page] [Page] [Page 11] 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 Go­vernment [Page 12] 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, [Page] [Page] [Page 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.

Relieving of an Enemy. V. No Person or Persons in the Fleet shall relieve an Enemy or Re­bel in the time of War with Money, Victuals, Powder, Shot, Arms, Ammunition, or any other Supplies whatsoever, directly or indirectly, upon Pain of Death, or such Punishment as the Court Marshal shall think fit to impose.

Papers, Char­ter-parties, &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, [Page] [Page] [Page 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.

Foreign Ships taken as Prize not making Resistance. IX. If any Foreign Ship or Vessel shall be taken as a Prize, that shall not Fight or make Resistance, that in that Case none of the Captains, Masters or Mariners, being Foreig­ners, shall be 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.

XI. 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 such [Page 18] 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.

XIV. 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.

Deserting the Service, or running away, or enticing o­thers so to do. XVII. All Sea-Captains, Officers or Mariners that shall Desert the Service or 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 tend­ing [Page] [Page] [Page 21] 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.

Quarrelling or provoking Speeches. XXIII. None shall quarrel or fight in the Ship, nor use reproachful or provoking Speeches tending to make any Quarrel or Disturbance upon Pain of Imprisonment, and such other 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 Ships XXV. 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.

XXVI. 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 his [Page 24] 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 Squa­dron [Page] [Page] [Page 25] 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 Oath That 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.

Proviso, 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 Ordnance IT 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, upon [Page] [Page] [Page 27] 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; [Page 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 Iusti­ces [Page] [Page] [Page 29] 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, [Page 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. Inha­bitants [Page] [Page] [Page 31] 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 such [Page 32] 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.

V. 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 to [Page 34] 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. 2 WHereas by an Act made 31 Eliz. It is amongst other things E­nacted, 31 Eliz. cap. 4. Imbezlement of Munition, and Habili­ments of War. That if any Person having the Charge or Custody of any Armour, Ordnance, Munition, Shot, Powder or Habilments of War belonging to the Queen &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. 3 It 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 Sayles [Page] [Page] [Page 37] 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 Goods [Page 38] 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 by [Page] [Page] [Page 39] 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 taken [Page 40] 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 of [Page] [Page] [Page 41] 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 cog­nizable [Page 42] 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 Maje­sties [Page] [Page] [Page 43] Courts at Westminster, and there no Essoigne or Protection, &c.

Provided, that no Clause, &c. in 11 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 12 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 13 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 14 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. [Page 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 Admi­ral [Page] [Page] [Page 45] 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 Admiral Proviso, That nothing in this Act give any other Power to Commissi­oners, [Page] [Page] [Page 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 Session [Page 48] 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.

III. 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.

Division 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 make [Page] [Page] [Page 51] 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 up­on [Page 52] 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.

VIII. Ships and Goods of French King taken by Pri­vateers by col­lusion. In case any Ship laden with Goods of the growth of the Domi­nion of the French King shall be ta­ken by any Privateer by consent, or clandestinely, or by collusion, such Ship, &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 His [Page 54] 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.

XI. If Commissioners of Prizes shall not pay or give Bills payable out of the first Money comes to their hands to the person interessed in such private Man of War,Penalty on Commissio­ners of Prize not paying Reward. for the reward of Ten Pounds a Gun by the space of three days after it ought to be paid, demand thereof made, free of all Charges and Deductions, the Commissioners are made incapable of any Office for the future.

XII. That the Shares,The Rewards given by this Act to be in full of all shares. Proporti­ons and Rewards given by this Act to the respective Officers and Sea­men shall be in lieu and full satisfa­ction of all Shares and Prizes taken this present War, Any thing made in the Act 13 Car. II. cap. 9. or any Declaration or Order of Their Majesties to the contrary.

XIII. If any Captain or Officer,Imbezlement of Money, Plate and Goods. or any other person by his Direction or Commission, or any Seaman or Soldier serving in the Navy, or in any Privateer, shall imbezle any Money, Plate, Goods, Tackle or other things upon or above the Gun-Deck, or any other part or place whatsoever, in any Ship taken Prize, or retaken from the Enemy,Forfeiture. the Party offending shall lose the Share, [Page 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 O­riginal [Page] [Page] [Page 57] 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 Con­demnation [Page 58] 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 Ports XVIII. 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 Maje­sties [Page] [Page] [Page 59] 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.

Privateer 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.

XXII. Lastly, a Proviso, Commissio­ners detaining Money to be paid to Priva­teers. That if Commissioners of Prizes, or Com­missioners of Customs shall detain in their hands the Shares and Pro­portions belonging to the persons interessed in Privateers 2 days after the same 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 and [Page 62] 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 for [Page 64] 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 this [Page] [Page] [Page 65] 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, [Page 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, [Page] [Page] [Page 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 Number [Page 68] 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.

Also, 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 under [Page 70] 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, not [Page] [Page] [Page 71] 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, and [Page 72] 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.

Commissioners 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 Punish­ment [Page 74] 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.

Persons refu­sing incapable. Sect. 7. That the Persons refu­sing to Sign the said Association in the respective Courts and Places, shall ipso facto, be adjudged incapa­ble and disabled in Law to enjoy the said Places, or any benefit by them, And the Places and Offices to be void.

Penalty on Refusers. Sect. 8. That all Persons that shall neglect or refuse to Sign the said Association within the Times and at the Places aforesaid, yet af­ter such refusal, shall execute such Place either by themselves, or his or their Trustee or Deputy after the Times expired, and being thereof Convict, shall be subject to the Pe­nalties in the last recited Act men­tioned.

Persons at Sea at the making the Act, &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.

Civil and Mi­litary Com­missions not to determine. Nota: By this Act it is Enacted, That no Commission either Civil or Military, shall Cease, Determine, or be Void by reason of the Death or Demise of His Majesty, or any his Successors, but that every such Commission to remain in Force for Six Months after, unless superseded by the next and immediate Succes­sor, according to the Act of Settle­ment, 1 Will. & Mariae.

Anno 7 & 8 Will. III. An Act for Granting His Majesty an Aid of Four Shillings in the Pound for Carrying on the War against France.

AT the end of the Act it's Enacted, Cruisers. That over and above the Ships for the Line of 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.

In 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, [Page] [Page] [...] [Page 79] [...] [Page] [Page 79] into 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. II Nota. All Officers Civil and Military, and all Officers in the Navy are to re­ceive [Page 80] [...] [Page] [...] [Page 80] the 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.

Sect. 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 shall [Page 82] 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 and [Page] [Page] [Page 83] 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, [Page 84] [...] [Page] [...] [Page 84] or 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 Act III. 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 and [Page] [Page] [Page 85] 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 them [Page 86] 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.

VII. It is Enacted, Quakers to be examined. That every Master or Commander of a Ship or Vessel mentioned in the said re­cited Act, being a Quaker, may and shall be Examined before the said Commissioners appointed for 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.

Persons 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 Person [Page] [Page] [Page 89] 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 the [Page] [Page] [Page 91] 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 appointed [Page 92] 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.