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
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
in the Realm And where any of the Offences be committed out of the Realm in such Case the same may be alledged and laid in any County within this Realm Proviso That no Person Tryed by a Court Marshal to be Tryed c. Proviso Proviso That no Person who shall be Tryed by a Court Marshal for the same Offence be Tryed by vertue of this Act c. Proviso That this Act shall continue in force for Three Years and from thence to the end of the next Session of Parliament Anno 7 8 Will. An Act for the Encrease and Encouragement of Seamen c. FOrasmuch as the Strength and Safety of His Majesties Dominions do much depend on the supplying His Royal Navy with a competent number of able Seamen which may be ready at all times for that Service Preamble To Invite great Numbers of His Majesties Subjects to betake themselves to Sea It is fit some provision should be made that Seamen who by Age Wounds or other Accidents should become disabled for future Service at Sea and shall not be in a condition to maintain themselves comfortably may not fall under Hardships and Misery but may be supported at the Publick Charge And that the Children of such disabled Seamen And also the Widows and Children of such Seamen who shall happen to be Slain or Drowned in Sea Service may in some reasonable manner be Provided for and Educated His Majesty and Her late Majesty determined That an Hospital should be Erected and Endowed for the purposes aforesaid And in order thereto by their Letters Patent gave a Parcel of Ground in the Mannor of East Geeenwich and Their Palace standing upon Their said Ground and several other Buildings and things mentioned in the said Letters Patents to the intent that they should be converted to the Service of an Hospital for the Relief of Seamen their Widows and Children and Incouragement of Navigation And whereas His Majesty in further execution of his Pious Intention for the Founding of an Hospital at Greenwich for the purposes aforesaid hath by His Letters Patents dated the 10th of December 1695. Constituted Commissioners and Granted an Annual Sum payable out of the Treasury and given divers proper Directions and Authorities for carrying on and perfecting the said Hospital and the Maintenance thereof and of the Persons to be placed therein And to the Intent that such Mariners Watermen Seamen Fishermen Lightermen Bargemen and Keelmen or Seafaring Men being natural Born Subiects of this Realm or any of His Majesties Dominions or being in England and above the Age of 18 Years or under the Age of Fifty Years Persons under the Age of 50 and above 18. and being capable of the Sea Service who shall be willing to Enter and Register himself for the Service of His Majesty in His Royal Fleet or Navy may by himself or any person by him thereunto in Writing Authorized or Imployed deliver and give in his Christian Name and Sirname with his Age and Place of his Abode and Habitation unto such Officers as shall be appointed for the Registring of Seamen as is herein after mentioned And that such and so many Publick Officers for the Registring the Persons for Sea Service as aforesaid Offices and Officers for Registring Seamen c. shall be kept at His Majesties Charge at the Navy-Office in London and such of the Principal Officers of the Navy or other Persons shall be appointed thereto And the making and keeping such Register shall be perform'd in such Forms and Methods as His Majesty or the Commissioners of the Admiralty shall from time to time prescribe and appoint So as that in the said Register there shall be Entred down and Registred in Order and Course of Time as well the Names Sir-names Additions Ages Place of Abode or Habitation of all and every such Mariner Seaman Waterman Fisherman Lighterman Bargeman Keelman or Seafaring Man as aforesaid And also the true Days and Times of such Registry or Entry for which no Fee Reward or Gratuity whatsoever shall be demanded or received other than from His Majesty And if any Person shall knowingly make or cause to be made in any of the said Offices any False Entries of any Person 's Name Wilful mis-entry of Seamen c. he shall forfeit the sum of one Hundred Pounds one Moyety to His Majesty and the other to such Person as shall Sue for the same The respective Registerers to be appointed Oaths to be taken by Registerers shall before their Entrance thereinto or intermedling therewith take an Oath before the Iudge of the Admiralty or before Two or more of His Majesties Iustices of the Peace for that County c. wherein such Office shall be for the true and faithful Execution thereof That the said Navy Office or such other Office as shall be appointed by His Majesty shall be called the Head Office whereto all the other Registerers in the Sea-Ports shall from Time to Time without any Fee save from His Majesty give Certificates under their Hands and Seals of the Numbers Names Places of Abode and Additions of all Seamen Watermen c. that shall be Registred within their respective Offices And of the true Times when such Entry was first made which Certificates shall by the said Register be Filed in Course of Time as they came in and the Names of the Seamen c. therein mentioned shall be in order of Time and without any undue Preference Entred and Registred there also So that in that Office the Number Names Places of Habitation of all Seafaring Men Registred throughout the Kingdom and their respective Time of coming in to be Registred may from time to time appear a true Copy of which shall once a Year Commissioners of Admiralty to have Copies of the Registry or oftner if required be given by the Officers at the Head-Office to the Commissioners of the Admiralty who are to give timely directions that such of them as they shall find most proper for His Majesties Service may from time to time in each Year be disposed for the Service of the Fleet in every or any Year beginning from the First of January during which the Number of Registred Seamen then alive shall not exceed 30000. Every Registred Seaman shall be allowed from His Majesty whether he be in actual Service or not the Yearly Sum of 40 s over and above such other Pay as he shall be Intituled to by being in His Majesties Service And in every Year during which the Registred Seamen then alive shall exceed 30000 there shall in like manner be allowed 40 s. a Year to each of the first 30000 Registred Reward to Registred Seamen And moreover none but such Registred Persons shall be Preferred to any Commission or Warrant Offices in the Navy and every such Registred Seaman being in His Majesties Service in a Foreign Voyage may appoint to his Wife or any Person any part or proportion of the
of His Majesties Navy and Ordnance How Carriages be provided for Navy and Ordnance IT is Enacted That from and after the 24th of June 1662 as often as the Service of His Majesties Navy or Ordnance shall require any Carriages by Land upon Notice given in Writing by Warrant under the Hand and Seal of the Lord High Admiral or under the Hands and Seals of Two or more of His Majesties Commissioners of the Navy or under Hand and Seal of the Master of the Ordnance or Lieutenant of the Ordnance for providing Carriages for the Navy or Ordnance unto Two or more Iustices dwelling near the place where the Carriages shall be required the Iustices may and shall issue their Warrants to the adjacent Parishes c. as they shall think fit within their respective Iurisdictions and Counties not being above Twelve Miles distant from the place of Lading for the sending to a certain place at a certain time to be mentioned in the Warrants such a number of Carriages with Horses and Oxen sufficient for the said Service as by the said Lord High Admiral Lord High Admiral c. Commissioners of the Navy or aforesaid Officers of the Ordnance shall be respectively required under their Hands and Seals the Owners of the respective Carriages shall receive for every Load of Timber per Mile Price for Carriages One Shilling for every reputed Mile they shall go Loaden and for other Provision the Sum of Eight Pence per Mile That it shall be lawful for the Lord High Admiral by Warrant under his Hand and Seal Pressing of Ships and Vessels for Carriage and for the aforesaid Principal Officers and Commissioners under their Hands and Seals of two or more as also for the Master of the Ordnance or for the Lieutenant of the Ordnance by Warrant under their Hands and Seals of either of them as often as His Majesties Service shall require Carriage by Water to appoint such person as they shall judge fit to impress and take up such Ships Hoys or Vessels as shall be necessary for Accommodation of His Majesties Service the Owners to be Paid by the Tun as usually by Merchants And if the Owners and His Majesties Officers cannot agree The Rates to be paid and how to be settled Then the Rate to be settled by the Brotherhood of Trinity-House Persons refusing to be punished and before whom If any Subject refuse or neglect on reasonable notice to make Appearance with sufficient Carriages or provide and furnish Ships or Lighters c. or shall after they have undertaken such service neglect or delay the same then upon due Proof Conviction of such neglect and refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices or Mayor or other chief Officer of the City c. for the Land Carriages For the Water-Carriages by the Oath of the Person appointed by Lord High Admiral the Principal Commissioners of the Navy or Master or Lieutenant of the Ordnance or two Credible Witnesses before the Officers and Commissioners of His Majesties Navy or Master or Lieutenant of the Ordnance shall for every refusal forfeit the Sum of 20 s. for the Land Carriage and for the Water Carriage Treble the Freight of such Ship c. not exceeding 50 l. in the whole To be forthwith Levied in default of Payment to His Majesties Vse by Warrant under the Hand of the aforesaid respective Officers before whom Proof and Conviction by distress rendring the Overplus if any Provided That no Horses Continuance in service c. shall be inforced to Travel more days Iourney from the Place they receive their Lading than expressed in Iustices Warrant And that ready payment shall be made at the Place of Lading without delay Present Payment according to the aforesaid Rates Provided No Gifts or Reward to be taken to spare any one That in Case any Iustice chief Officer Constable or Person by Lord High Admiral Commissioners of the Navy and Officers of the Ordnance respectively shall take any Gift or Reward to spare any Person or shall injuriously charge any Person through Envy c. who ought not to make such Carriages No more Carriages c. to be taken than necessary or shall Impress more Carriages than necessary or shall be commanded by his superiour Officer upon conviction shall forfeit 10 l. to the Party grieved to be sued for in His Maiesties Court of Record No Essoigne or Protection to be allowed And in case any Person shall take upon him to Impress any Horses No Person to Impress other than Authorized in this Act. c. Ships Hoys c. other than the Persons impower'd as aforesaid upon Conviction shall suffer Punishment in Stat. 12 Car. II. cap. 24. Penalty 12 Car. II. cap. 24 which ordains Commitment by Iustices of Offender and Treble Costs and Dammages to Party grieved Ships exempted Ships and Vessels Freighted by Charter-Party bona Fide if other Ships in Port fitting for Service or any Vessel laden with any Goods outward-bound shall not be liable to Impress for any the Services aforesaid Continuance of the Act. This Act to be in Force until the end of next Session of Parliament Revived for Seven Years per Statut. Anno 1 Jac. II. 4 Will. Mar. Inhabitants of New Forest of Southampton may be allowed 4 d. for every Mile for so many Miles as their Carriages shall go empty to Place of Lading Anno 16 Car. II. cap. v. An Act to prevent the disturbances of Seamen and others And to preserve the Stores belonging to His Majesties Navy Royal. I. REcites divers Fightings Recitals of disturbances in the Navy Yards c. Quarrels c. do often happen in His Majesties Yards Offices c. belonging to the Navy and frequent disorders happen in the Office of the Treasury of the Navy in Pay-Days in London c. either by the Turbulency of Seamen or Rudeness of Officers when questioned by the Commissioners about the Imbezlement of Stores Provisions c. II. It is Enacted Who may punish Offenders That the Treasurer Comptroller Surveyor Clerk of the Accounts and the Commissioners of the Navy for the time being or any Two or more of them have Power to Examine all such Offendors or Persons whom they upon their Inquiry or Examination or in view in their Presence shall find hereafter to make or have made any Disturbance Fighting or Quarrelling in the Yards or Offices aforesaid on Pay-Days or on other Occasions relating to the Naval Services as followeth viz. They or any Two of them may punish any of the said Offences by Fine Punishment Imprisonment or either of them the Fine not exceeding 20 s. and the Imprisonment not exceeding one Week and have power to Commit to next Goal or to Messenger attending on them Power to discharge Fine c. III. The Commissioners or the greater part then present
have power to discharge the said Fine or Imprisonment if they shall think fit and for non payment to imprison the Party offending till Paid To Imprison for non-payment Proceedings on Oath To be Paid to the use of the Chest at Chatham the Proceedings to be on Oath Binding to good Behaviour IV. That the Officers or any Two of them in case of need for greater Example may bind to the Good Behaviour with or without Securities as Occasion shall be V. Imbezling Stores Whereas His Majesties Stores c. belonging to the Navy are imbezled or filched away It is Enacted Commissioners Power as to Imbezling King's Stores That the Principal Commissioners or Treasurers or any Two or more by Warrant under their Hands and Seals have power in like manner to enquire and search for the same in all places as Iustices of the Peace may do in Cases of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again If Offence be of such Nature as to require higher Punishment Then that they or any Two or more of them may commit Offendor to Goal or to the Custody of their Messenger till the Offendor enter into Recognizance with Sureties according to the Nature of the Offence to appear and answer the same in the Exchequer or other Court where His Majesty shall question him or them for the same within one Year next The Commissioners or any Two of them may put in Execution this Act in all places where they hold Offices for the King Power of Commissioners within Liberties as well within the Liberties as without This Act to continue from the first of June 1664 for Two Years continued per Statut. 19 Car. II. cap. vii Anno 16 Car. II. cap. vi An Act to prevent the Delivering Up of Merchant Ships and for the better Encouragement of Captains c. to defend their Ships Sect. 10. Incouragement for sailers defending Merchant Ships IT is Enacted That when any English Ship shall have been defended by Fight and brought to her designed Ports in which Fight any of the Officers or Seamen shall be wounded It shall be lawful for Iudge of the Admiralty c. at her return to call before him the Adventurers or Owners of the Ships and Goods so defended and by advice with them to levy and raise such sums as himself shall think reasonable not exceeding 2 per Cent. of the prime Cost and to distribute the same with the consent of Three of the Owners to the Captain Officers and Sailers of the said Ship and Widows and Children of Parties slain the Act to continue for Three Years continued per Statut. 22 Car. II. cap. xi Anno 19 Car. II. cap. vii An Act to prevent Disturbances of Seamen and others and to preserve the Stores belonging to His Majesties Navy Royal. THE same as the Statut. 16 Car. II. Sect. 6. Encouragement for Mariners c. Ordinary c. to take but 12 d. for Probate Will c. cap. v. and further Enacts That for better encouragement of Mariners c. Serving in His Majesties Fleet c. No Ordinary Register c. shall take or receive of the Executor or Administrator dying in the pay of His Majesties Navy above the Sum of 12 d. for the Probate of any Will or granting Administration or any matter Relating to same upon Forfeiture of 10 l. to Party grieved altered and repealed by Statut. 22. 23 Car. II. cap. 2. reviv'd This Act to continue Two Years Sect. 7. but afterward reviv'd per Statut. 22 23 Car II. cap. xxiii Anno 22 Car. II. cap. v. An Act for the taking away the benefit of Clergy from such as steal Cloth from the Rack and from such as shall Steal or Imbezzle His Majesties Ammunition and Stores Sect. 2 WHereas by an Act made 31 Eliz. It is amongst other things Enacted 31 Eliz. cap. 4. Imbezlement of Munition and Habiliments of War That if any Person having the Charge or Custody of any Armour Ordnance Munition Shot Powder or Habilments of War belonging to the Queen c. Or if any Victuals provided for the Victualing of any Soldiers Gunners Mariners or Pioneers shall for any Lucre or Gain or willingly c. Imbezle Purloyn or convey away any the same Armour Ordnance Munition Shot or Powder Habilment of War or Victuals to the Value of 20 s. at one or several times the Offence shall be Iudged Felony Felony And the Offendor to suffer as in Case of Felony Sect. 3 It is Enacted That no Person who shall from and after the 25th May 1670 Imbezlers c. hindred from Clergy be Indicted for any Offence Commited against the said recited Act or shall Feloniously steal or imbezle any of His Majesties Sayles Cordage or any other of His Majesties Naval Stores to the Value of Twenty Shillings and thereof shall be Convicted by Iury shall not have benefit of Clergy Anno 22 23 Car. II. cap. v. An Act to revive an Act to prevent the disturbance of Seamen and others and to preserve the Stores belonging to His Majesties Navy Royal with some Alterations and Additions Recital of the Act made 19 Car. II. cap. 7. REcital Stat. 19 Car. II cap. 7. That the said Statute is found useful It 's Enacted That all the said Act excepting the Clause about Administrations and Probates of Wills c. shall have full force of an Act during the continuance of this Act. Recites Persons carrying Naval Goods That whereas ill disposed Persons upon pretence of carrying His Majesties Naval Goods Provisions c. from His Majesties Yards Wharfes c. to His Majesties Ships or such Persons as are imployed to re-carry or remove from the said Ships such Naval Goods Provision c. to His Majesties Yards Wharfes c. do frequently imbezle steal and carry them away where they cannot be found and remove themselves to Places unkown before they can be convict thereof by reason the Witnesses that should prove the Fact are bound forth to Sea or otherwise imployed No Person to imbezle Kings Stores That Iustice may be more speedily done It is Enacted That the Treasurer Comptroller Surveyor Clerk of the Accounts and Commissioners of the Navy or any one or more of them where the Value of the Goods so imbezled taken or carried away shall be under the Value of Twenty Shillings shall have power on the Oath of Two or more Witnesses or Confession of Party offending to Convict him and by Writing under his or their Hands and Seals Power to Convict Fine to impose such Fine or Fines on Persons offending and Convicted as aforesaid as to any one of them shall seem meet the said Fine or Fines not exceeding double the Value of the said Naval Goods so imbezled or carried away the Fine to be levied by Distress by Warrant of him or them that shall Convict the
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