LAVVS OF WAR AND ORDINANCES of the SEA.

Ordained and Established by the Parlia­ment of the Common wealth of England.

For the Regulating and better Government of the Navies, Fleets, and Ships of War, and Armies by sea of the Common-wealth of England, And all and singular persons, Ships & Vessels thereunto belonging; to be put in Execution according to an Act of this present Parliament, Entituled, An Act for constituting Commissioners for Ordering and Managing the Affairs of the Admiralty and Navy; and to be observed and duly obeyed by the Vice-Admirals, Rere-Admirals, Commanders, Captains, Lieutenants, Masters, Masters Mates, and all other Officers, Mariners, sea-men and Souldiers, & all other whomsoever these Laws and Ordinances may concern, under the paines and penalties therein contained and expressed.

Saturday the 25th. of December, 1652.

ORdered by the Parliament, That these Articles be Printed.

Hen: Scobell, Cleric. Parliamenti.

London: Printed by Sarah Griffin, by order of the Commissioners for the Admiralty & Navy, 1659.

LAVVS OF VVAR AND ORDINANCES of the SEA, Ordained and Established by the PARLIAMENT OF THE Common-wealth OF ENGLAND.

  • ARTICLE I. ALl Commanders shall endevour, That Al­mighty God be solemnly and reverently served in the respective Ships, all Prophane­ness and Irreligiousness avoided, Preaching and Praying, and other Religious Duties be exercised and duly frequented, and the Lords Day Religi­ously observed.
  • II. Unlawful and rash Oaths, Cursings, Execra­tions, Drunkenness, Uncleanness, and other scan­dalous acts in derogation of Gods Honour, and cor­ruption [Page 4] of good Manners, shall be punished as the Council of War shall think fit.
  • III. All such as shall give, practice, hold or enter­tain Intelligence, to or with any State, Prince or other, being Enemy or Rebel to this Common­wealth, by any manner of means or slights; or have any communication with them, without direction or leave of the Parliament, Council of State, the Commissioners of the Admiralty, Generals at Sea, or Commander in Chief of the Squadron, shall be punished with death.
  • IV. If any Letter or Message from the Enemy, or on their behalf, be conveyed to any inferiour Of­ficer, Marriner, Souldier or other in the Fleet, and the said Officer, Marriner, Soldier or other as afore­said, do not instantly acquaint the Superiour Com­mander with it; or if a Superiour Officer, being ac­quainted therewith by an inferior Officer, Mariner or other, or himself in his own person receiving a Letter or Message from the Enemy, reveal not the same forthwith to the Generals, Admirals, or the chief of his Squadron; All such Mariners, Offi­cers, souldiers and others, shall be punished as Traytors with pains of death.
  • V. No person or persons of the Fleet shall re­lieve the Enemy with Money, Victuals, Powder, [Page 5] Shot, Arms or Ammunition, directly or indirectly, upon pain of death.
  • VI. None shall harbour or conceal any Enemy, or known Delinquent or Rebel on ship-board, nor carry, or endeavour to transport any such beyond Sea without License, upon pain of Death, or other punishment as a Councel of Warre shall ad­judge.
  • VII. None shall presume wilfully and wittingly to injure or wrong at Sea the known friends or al­lies of this State, either Members of this Common­wealth or Strangers not in Enmity, upon pain of such punishment as the nature & circumstances of the offence shall require; nor in visiting any Ships or Vessels, either take Goods forcibly, or by force or terror extort them, upon pain of Death, or other punishment, according to the nature and circum­stances of the Offence.
  • VIII. All the Papers, Charter parties, Bills of Lading, Pasports 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 entirely and without fraud to the Admiralty Court, there to be viewed, made use of, and proceeded upon according to Law, upon pain of loss of all the [Page 6] shares of the Takers, and such further punishment to be inflicted upon the Offenders therein, as the quality of their offence and misdemeanors shall be found to deserve.
  • IX. None shall take out of any Prize or Ship or Goods seized on for Prize, any Money, Plate, Goods, Lading or Tackle, before Judgement first thereof pass in the Admiralty Court; but that the full and entire accompt of the whole without im­bezilment shall be brought in, and Judgement pass entirely upon the whole without fraud, upon pain of such punishment as shall be found by a Councel of War or the Court of Admiralty (as the case may happen) to be just; excepting, That it shall be lawful for all Captains, Sea men, Souldiers, and others, serving as aforesaid, to take and to have to themselves as pillage, without further or other ac­compt to be given for the same, all such Goods and Merchandizes (other then Arms Ammu­nition, Tackle, Furniture or Stores of such Ship) as shall be found by them or any of them, in any Ship (they shall take in Fight as Prize) upon or a­bove the Gun-deck of the said Ship, and not other­wise.
  • X. None shall imbezil, steal, or take away any Cables, Anchors, Sails, or any of the ships Furni­ture, or any of the Powder, or Arms, or Ammu­nition of the Ship, upon pain of death, or other [Page 7] punishment, as the quality of the Offence shall be found by a Councel of War to deserve.
  • XI. If any Forreign ship or Vessel shall be taken as Prize that shall not fight or make resistance, That in that case none of the Captains, Masters or Mariners, being Forreigners, shall be stripped of their clothes, or in any sort pillaged, beaten or evil entreated, upon pain to pay and make good dou­ble the damages; but the said Foreign Ships, and all the goods so taken, shall be preserved entire, to receive Judgement in the Admiralty Court, accor­ding to Right and Justice.
  • XII. Every Captain and Commander, upon Signall or Order of Fight, or view or sight of any Ships of the Enemy, or likelihood of Engagement, shall put all things in his Ship in a fit posture for fight; and cause the Lieutenant, and Gunner, and Quarter-master, and other Officers to fit them­selves, and quarter the men according to the num­ber and quality of men and Ordnance, with a com­petent number to ply the small shot, and likewise to manage and trim the sails; and every Captain & Officer shall in his own person, and according to his place, hearten and encourage the Sea-men and common Men to fight couragiously, and not to be­have themselves faintly; nor to yield to the enemy or to cry for Quarter, upon pain of death, or such other punishment as the Offence shall deserve.
  • [Page 8] XIII. Every Captain and Commander of any Ship▪ Frigot or Vessel of War, shall duly observe the Commands of the General at Sea, or his Su­perior or Commander of any squadron for the Assailing or setting upon any Fleet, Squadron or Ships of the Enemy, or joyning Battel with them, or making defence against them, upon pain to suffer death, or other punishment, as the quality of his neglect or offence shall deserve.
  • XIV. Every Captain, and all other Officers, Mariners and Soldiers of every Ship, Frigot or Vessel of War, that shall in time of any Fight or Engagement withdraw or keep back, or not come in to the Fight, and Engage, and do his utmost to take, fire, kill and endamage the Enemy, and assist and relieve all and every the ships of this Common­wealth, shall for such offence of Cowardize or dis­affection be tryed, and suffer pains of death, or o­ther punishment as the Circumstances of the Of­fence shall deserve, and the Councel of War shall judge fit.
  • XV. Whosoever, either through cowardize, negligence or dis-affection, shall forbear to pursue the Chase of any Enemy, or Rebel, beaten or flying, or shall not relieve or assist a friend in view to the utmost of his power, shall be punished with death or otherwise, as a Councel of War shall find just.
  • [Page 9] XVI. When at any time Service or Action shall be commanded, no man shall presume to stop or put backward, or discourage the said Service and Action by pretence of Arrears of Wages, or upon any other pretence whatsoever, upon Pain of death.
  • XVII. All Captains, Officers and Sea-men, that either have, or shall betray their Trust and turn to the Enemy, and either run away with their Ship, or any Ordnance or Ammunition, or Provision, to the weakning of the Service, or yield the same up to the Enemy, shall be punished with death.
  • XVIII. All Captains, Officers or Mariners that shall desert the service or their imployment in the Ships, or shall run away or intice any others so to do, shall be punished with death.
  • XIX. All Captains of Ships, having once ta­ken any Commission for taking of Prizes, accord­ing to any Act, Ordinance or Order of Parliament, or served as any private man of War, or received any Pay or Impress, or been otherwise imployed from or under the Parliament, that shall either turn to the Enemy, or declare themselves against the Parliament, or wilfully set upon, Fight with, surprize, or take any Ship or Vessel standing in Obe­dience to the Parliament or any of their Adhe­rents, [Page 10] or shall turn Robber, and use to exercise pi­racy, eitherupon or against any Merchants or other Ships, shall be punished with death.
  • XX. All persons whatsoever that shall come or be found in the nature of Spies, to bring any sedu­cing Letters or Messages from the Enemy, or shall attempt or endeavor to corrupt any Captain, Offi­cer, Mariner or others of the Navy or Fleet, to be­tray his or their trust, and yield up any Ship, or Am­munition, or turn to the Enemy, shall be punished with death.
  • XXI. None shall utter any words of Sedition and Uproar, nor make or endeavor to make any muti­nous Assemblies upon any pretence whatsoever, upon pain of death.
  • XXII. No person shall conceal any Mutinous words, or any words spoken by any to the preju­dice of the present State or Government, or any words tending to the hindrance of the Service, but shall reveal them to his Superior, that a meet proceeding may be had thereupon, upon pain of such punishment as a Councel of War shall find to be just.
  • XXIII. None shall presume to quarrell with his superior Officer, upon pain of severe punishment, nor to strike any such, upon pain of death, or other­wise [Page 11] as a Councel of War shall find the matter to deserve.
  • XXIV. If any finde cause of complaint of the un wholsomnesse of his Victuals, or upon other just ground, he shall quietly make the same known to his Superior, or Captain, or Commander in chief, as the occasion may deserve, that such present re­medy may be had as the matter may require: And the said Superior or Commander is to cause the same to be presently remedied accordingly; but no person upon any such or other pretence shall pri­vately attempt to stir up any Disturbance, upon pain of such severe punishment as a Councel of War shall find meet to inflict.
  • XXV. None shall quarrel or fight in the ship, nor use reproachful or provoking speeches, tending to make any quarrel or disturbance upon pain of imprisonment, and such other punishment as the Offence shall deserve.
  • XXVI. None shall use any words tending to the death of the Admirals or Generals, upon pain of death.
  • XXVII. Every Captain shall keep the number and complement of men allowed to his Ship full and compleat, and take care to have a full propor­tion of Mariners and Sea-men, and to get and keep [Page 12] such as are able and healthful, and fit for service, and not Boys nor infirm persons, that so the Ship may be well mann'd for fight, and not be pestred with idlers and boys, upon pain to be punished as the quality of the Offence may deserve.
  • XXVIII. That there be no wasteful Expence of any Powder, Shot, Ammunition or other Stores, nor any imbezlement thereof, but that the Stores and Provisions be carefully preserved, upon such Penalties, by Death, Fine, or otherwise upon the Offenders, Abbettors, Buyers and Receivers, as shall be by a Councel of War found just in that be­half.
  • XXIX. That care be taken in the conducting and steering of the Ships, that through wilfulnesse, negligence or other defaults none of the Ships be stranded or run upon any Rocks or Sands, or split or hazarded, upon pain that such as shall be found guilty therein, be punished by death or otherwise as the Offence may deserve.
  • XXX. None shall imbezle any part of the Ships Tackle or Furniture, or of the Arms and Ammuni­tion, upon pain of death.
  • XXXI. All persons that shall wilfully burn or set fire on any Ship, or Magazine, or store of Powder or Ship boat, Ketch, Hoy or Vessel, or Tackle or [Page 13] Furniture thereto belonging, not appertaining to an Enemy shall be punished with death.
  • XXXII. No man shall sleep upon his Watch, or negligently perform the duty imposed on him, or forsake his station, upon pain of death or lesser punishment, as the circumstances of the case shall require.
  • XXXIII. All Murthers and wilful killing of any persons in the ship shall be punished with death.
  • XXXIV. All Robbery and Theft shall be pu­nished with death or otherwise, as the Councel of War (upon consideration of circumstances) shall find meet.
  • XXXV. The Captains, Officers and Sea-men of all Ships appointed for Convoy and Guard of Merchant ships, or any other, shall diligently attend upon that charge without delay, according to their Instructions in that behalf; and whosoever shall be faulty therein, and shall not faithfully per­form the same, and defend the Ships and goods in their Convoy, without either diverting to other parts or occasions, or refusing or neglecting to fight in their defence, if they be set upon or assailed, or running away cowardly and submitting those in their Convoy to perill and hazard, shall be con­demned to make reparation of the Damage to the [Page 14] Merchants, and Owners, and others, as the Court of Admiralty shall adjudge; and also be pu­nished criminally, according to the quality and quantity of their Offences, be it by pains of death or lesser punishment: And that no Captain, Ma­ster or other Officer of any ship belonging to the State or in their service, shall demand, receive, or take from any Merchant or other, whose ship or goods he is appointed to Convoy, any Fee, Gratui­ty or Reward in respect thereof, upon pain that such Captain, Master and Officer shall for such Offence be cashiered.
  • XXXVI. No provost Marshall belonging to the Fleet shall refuse to receive or to keep any Prisoner committed to his charge, nor dismiss him, nor suf­fer him to escape, being once in his custody, upon pain of being lyable to the same punishment which should have been inflicted upon the party dismissed or permitted to escape, or such other punishment as the Councel of War shall think fit.
  • XXXVII. No man shall presume to use any braving or menacing Words, Signs or Gestures while the Court-Martial is sitting, upon pain of fine and Imprisonent.
  • XXXXVIII. All Captains, Officers and Sea­men shall do their endeavour to detect, apprehend, and bring to punishment all Offenders, and shall [Page 15] assist the Officers appointed for that purpose there­in, upon pain to be proceeded against and punished in the Court-Marshal at discretion.
  • XXXIX. All other Faults, Disorders and Of­fences not mentioned in these Articles, shall be pu­nished according to the Laws and Customs of the Sea, and according to the general Customs and Laws of War.
Hen: Scobell, Cleric. Parliamenti;
FINIS:

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