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A84514 An abstract of all such acts of Parliament, now in force, as relate to the admiralty and navy of England; Public General Acts. Selections: Royal Navy England and Wales. 1697 (1697) Wing E861B; ESTC R224492 40,565 210

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for re-taken Ships Page 59 Seamen allowed Colliers not to be prest Page 90. T. TRyals of Heresies Murders and Felonies on High Sea Page 4 5. Time to prove Property of Wreckt Goods Page 1. Trinity-House None to be Masters of unless Registred Page 71. Trinity-House to settle Rates of Prest Ships Page 28. Tryal of Offences against Stat. 13 Car. II. by Court of King's Bench or Commission of Oyer and Terminer Page 61. V. Vouching Seamen to be Landmen Page 73. W. WReck not inquirable in Court of Admiralty Page 2. The Description thereof and what to be done therewith Page 1. Warrant of Commissioners of Navy to search for imbezzled Goods Page 39. Wages of all Seamen to pay 6 d. per Mensem Page 71. Warrant-Officers of Navy need not take the Sacrament Page 81. Y. YEar and Day Property of Wreckt Goods in that time to be proved Page 2. AN ABSTRACT AND Abridgement of such Statutes as are now in Force and Concern the Lord High Admiral of England Commissioners for Executing the Office of Lord High Admiral and the Jurisdiction of the Admiralty of England The Commissioners of the Navy The Commissioners for Registering Seamen The Navy of England and Sailers and Mariners therein Anno 3 Edw. I. cap. iv COncerning Wreck Wreck 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 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 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 Ships Arrest 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 Commission Commission 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 Convict Persons 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 Tryal Directs 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 Iudgment Judgment on Persons Convict as if for like Offences at Land III. Proviso to take away Clergy Clergy 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 forfeiture Forfeiture 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
Offendor in case of no Goods to Commit the Party offending by 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 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 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 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 Courts at Westminster and there no Essoigne or Protection c. Provided that no Clause c. in this Act contained shall repeal alter or change any the Clauses or things specified in one Act of Parliament 22 Car. II. cap. v. This Act to extend to Lord High Admiral Provided That all the Powers hereby given to any Officer or Commissioner of the Navy may be exercised by Lord High Admiral for time being Provided That no Offendor punisht by this Act shall be punisht in any other manner for the same Offence Offence not to be twice punished This Act to continue Seven Years from the First Day of June 1671. Continuance of the Act. and from thence to the end of the next Session of Parliament Nota This Act is continued for Seven Years longer per Statut. 1 Jac. II. Intituled An Act for continuance of several Acts of Parliament therein mentioned and the same Act of Continuance Enlarged per Statut 4 5 Will. Mar. from the 13th of Febr. 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
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 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 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 I A. B. do Declare That I do believe That there is not in the Sacrament of the Lord's Supper any Transubstantiation in the Element of Bread and Wine at or after the Consecration thereof by any Person whatsoever 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
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