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
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 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 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 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 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
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 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 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 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 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
Disabled shall upon Certificate in manner as directed by the said Statute be admitted and placed in the said Hospital and shall 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 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 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 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 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