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 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 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 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 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
AN ABSTRACT Of all SUCH ACTS OF Parliament Now in FORCE As Relate to the Admiralty AND Navy of England LONDON Printed by S. Bridge in Austin Friers MDCXCVII A TABLE TO THIS Abridgment and Abstract A. ADmiral and their Deputies not to meddle with things done within the Realm Page 2. Admiral Commissioners of Admiralty to have same Authority Page 46. Admiral not to Exact Money for Licence to Trade Page 6 7. Commissioners of Admiralty to have Tenth of Prizes to buy Meddals Page 54. Admirals Jurisdiction saved in Stat. 1 2 Phil. Mar. Page 8. Admiral may execute Powers given to Commissioners of Navy Page 43. Commissioners of Admiralty to have Copy of Registry Page 67. Action against Admiral if act against the Statute 13 Rich II. Page 3. Articles for Government of His Majesties Navy Page 11. Appeals vide Delegates B. BEhaviour Commissioners of Navy have power to bind to Good Behaviour Page 32. C. COurt of King's Bench or Commission of Oier and Terminer to have power to Try Offences against Stat. 13 Car. II. Page 61. Continuance of that Act Page 62. Cinque Ports their Authority as to Stat. Hen. VIII page 4 5. As to Registry of Seamen And as to Certificates of Registred Seamen inhabiting there Page 74 89. Chaplain or Chyrurgion of Ship not obliged to be Registred Page 74. Cruisers appointed by Act of Parliament Page 77 79 91 Commissioners Civil and Military not to determine on Demise of the King Page 77. Certificate under the Hand of one Justice of Peace for Registred Seamen Page 73. Commissioners of Registry to Examine Matters upon Oath as to Seamens Wages and Quakers on Solemn Declaration Page 85 87. Connusance of things belonging to Admiral Page 1. Commision sur Stat. 27 Hen. VIII for Tryals of Treason Page 4 5. Clergy or Sanctuary not to be allow'd to Persons convict on that Statute ibm Clergy not to be allow'd to Imbezlers of Stores Page 36. Carriages by Water for King's Use Page 26 27. Counterfeiters of Hand of Treasurer or Commissioners of Navy Page 41. Commissioners of Prizes their Duty Page 52 55 61 Commissioners of Navys Power as to Imbezlements Page 33 38. Certificates to be brought by Registred Persons Vide Register D. DIsturbance in Navy Yards c. Page 35 37. Delegates their Sentence final Appeal out of Admiralty Court Page 11. Declaration to be taken by Officers of Navy Page 80. Deputies of Admiral vide Iurisdiction F. FElony to Imbezle King's Stores Page 36. Forfeitures on Stat. 2 3 Ed. VI. Page 7. Forfeitures on 22 23 Car. II. Page 38. Fines to be imposed by Commissioners of Navy Page 32. Fees to be taken for Probate of Wills of Seamen Page 42. Fraud and Abuses in Plantation Trade redrest Page 78. G. GIfts or Rewards not to be taken to exempt Carriages from the King's Service Page 29. I. JVrisdiction of things not belonging to Admiralty Page 2. Iudgment on Offendors on Statute 27 28 Hen. VIII Page 4. Iury from whence to come on Tryals on those Statutes Page 4 5. Iustices of Peace to determine Offences of Desertion of Seamen on Statute 18 Hen. VI. Page 10. Incouragement for Seamens defending Merchants Ships Page 34. And for Seamen on Board the King's Ships Page 35. Imprisonment of Imbezlers for want of Distress Page 32 39. Instructions to be given to Captains of the Statute to Prohibit Trade with France Page 60. Iustices of Peace to Examine on Oath as to the truth of Certificates by them given Page 83. L. LOrds of Mannors who claim Wreck Page 2. Licences to Fish to be without Fee Page 7. Liberties Commissioners of Navy to have power as well within Liberties as without Page 33 42. Licences for Landmen to serve on Ship-board Page 73. M. MVrder and Mayhem done in great Ships in Main Stream how to be Try'd Page 3. Manslaughter and Murder on High Seas Page 4. Mariners Deserting Service Page 49. Not to be forced to Land-Service Page 10. Manner of taking Fishermen to be Mariners for King's Service Page 10. N. NEcessity Things taken for Necessity Page 5 6. Commissioners of Navy power as to imbezling Stores Page 32 29. Navy and Commissioners of Navy vide Commissioners and Imbezlers O. OAth Proceedings to be on Oath about Disturbances of Seamen Page 32. Oaths to be given by Commissioners of Navy Page 41. And by Commissioners of Admiralty Page 44. Offences not to be twice punish'd Page 43. Oaths of Allegiance and Supremacy by whom and before whom to be taken Page 44 93. Oath of Court Martial Page 47. Office and Officers for Registring Seamen Page 65. Oaths to be taken by Officers of Registry Page 66. Order of time to be observed in provision for disabled Mariners their Wives and Children Page 82. P. Penalty and Punishment for Exactions contrary to Stat. 2 3 E. VI. ca. 6. Page 7. Penalty on Offenders against Stat. 13 14 Car. II. cap. 20. Page 30. Pressing Ships and Vessels for King's Service Page 28. Persons refusing to serve with Ships when Press'd how to be punish'd Page 28. Proviso in the Stat. 13 Car. II. not give greater power to Lord High Admiral Page 26. Punishment for disturbance in Navy Yards c. Page 31 32. Power to discharge Fines by Commissioners of Navy Page 32. Power to make Warrants and search Ships in day-time for imbezled Goods Page 39. Personating Seamen to receive Wages their Punishment Page 40. Powers given by Stat. 22 23 Car. II. may be executed by Ld. High Admiral Page 43. Prohibition of Trade with France Page 47. Prizes to be brought into Port without breaking Bulk or Imbezlement Page 48. Perishable Goods how to be dispos'd ibm Prize Goods condemn'd how to be sold Page 49. Punishment for imbezling Prize Goods Page 51. Prize taken by Man of War or Privateer how to be divided Page 50 51 Prizes taken by Collusion Page 53. Provision made for Registred Seamen their Wives and Children Page 69 81 82 Double share of Prizes to Registred Seamen Page 69 Personating Registred Seamen or counterfeiting Licence Page 73. Penalty on refusers to take the Oaths Test or subscribe Association Page 75 80 Punishment of Lenders and Borrowers of Registred Seamens Certificates Page 88 89. Q. QValifications of Officers of the Fleet as to taking the Oath Test c. Page 80. R. REgistry of Seamen an Act for that purpose Page 63 Rewards to Registred Seamen Page 68 Registred Seamens Priviledges Page 69 Registred Seamen Aged and Disabled how to be provided for ibm Their Widows and Children c. Page 70. Absenting from Service ibm may be expunged by Admiralty Page 73. In what Cases Persons of 50 years of age may be Registred Page 85 S. SHips exempted from pressing Page 30. Sentence of Death sur Statute 13 Car. II. not to be inflicted without leave from Lord High Admiral Page 25. Sentence of Death by Court Marshal ibm Saving of Admirals Jurisdiction Page 8. Saving Franchises to private Persons Page 10. Salvage
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 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 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 to Cruise or Convoy that is to say Six on the Northern Coast and Six on the Western Coast in such Stations as shall be directed by Lord High Admiral or Commissioners of Admiralty for time being For Protecting Coal-Trade for the better Protecting and Preserving such Ships as shall be imployed in the Coal Trade The Form of the Oath appointed by the Statute Anno 1 Will. Mar. I A. B. do sincerely Promise and Swear That I will be Faithful and bear true Allegiance to Their Majesties King William and Queen Mary So help me God c. I A. B. do Swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical that Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murthered by Their Subjects or any other whatsoever And I Declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm So help me God c. FINIS
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 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 Punishment Punishment 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 Punishment Punishment 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 Punishment Punishment as the circumstances of the Case shall require XXVIII All Murthers Murthers and wilful killing of any Person in the Ship shall be punished with Death XXIX All Robbery and Theft Robbery 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 Marshal Provost Marshal belonging to the Fleet shall refuse to receive or keep any Prisoner committed to his Charge Prisoners nor suffer him to Escape Escape being once in his Custody nor dismiss him without order upon Pain of being liable to the same Punishment which should have been inflicted 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 Death Death 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 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