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A82448 Anno regni Caroli II. Regis Angliæ, Scotiæ, Franciæ, & Hiberniæ decimo tertio. At the parliament holden at Westminster the 8th. of May, anno Dom. 1661 In the thirteenth year of the reign of our most gracious soveraign Lord Charles, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c. An Act for the establishing articles and orders for the regulating and better government of his Majesties navies, ships of vvar, and forces by sea.; Public General Acts. 1661 England and Wales. Parliament. 1690 (1690) Wing E1108C; ESTC R232002 5,899 15

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the Commands of the Admiral or others his Superiour Commander upon pain to suffer death or other punishment as the quality of his neglect or offence shall deserve XII Every Captain and all other Officers Mariners and Souldiers of every Ship Frigat or Vessel of War that shall in time of any fight or engagement withdraw or keep back or not come into the fight and engage and do his utmost to take fire kill and endamage the Enemy Pirate or Rebels and assist and relieve all and every of His Majesties Ships shall for such offence of cowardize or disaffection be tryed and suffer pains of death or other punishment as the circumstance of the offence shall deserve and the Court-Martial shall judge fit XIII The Captains Officers and Seamen of all Ships appointed for Convoy and Guard of Merchants Ships or any other shall diligently attend upon that Charge without delay according to their Instructions in that behalf and whosoever shall be faulty therein and shall not faithfully perform the same and defend the Ships and Goods in their Convoy without either diverting to other parts or occasions or refusing or neglecting to fight in their defence if they be set upon or assailed or running away cowardly and submitting those in their Convoy to hazard and peril or shall demand and exact any Mony or other Reward from any Merchant and Master for conveying of any such Ships or other Vessels belonging to His Majesties Subjects shall be condemned to make reparation of the damage to the Merchants Owners and others as the Court of the Admiralty shall adjudge and also be punished criminally according to the quality of their offences be it by pains of death or other punishment according as shall be judged fit by the Court-Martial XIV Whatsoever person or persons in or belonging to the Fleet either through cowardize negligence or disaffection shall forbear to pursue the chase of any Enemy or Pirate or Rebel beaten or flying or shall not relieve or assist a known friend in view to the utmost of his power shall be punished with death or otherwise as a Court-Martial shall find fit XV. When at any time Service or Action shall be commanded no man shall presume to stop or put backward or discourage the said Service and Action by pretence of Arrears of Wages or upon any pretence of Wages whatsoever upon pain of death XVI All Sea-Captains Officers and Seamen that shall betray their Trust or turn to the Enemy Pirate or Rebels and either run away with their Ship or any Ordnance Ammunition or Provision to the weakning of the Service or yield the same up to the Enemy Pirate or Rebels shall be punished with death XVII All Sea-Captains Officers or Mariners that shall desert the Service or their Imployment in the Ships or shall run away or intice any others so to do shall be punished with death XVIII All persons whatsoever that shall come or be found in the nature of Spies to bring any seducing Letters or Messages from any Enemy or Rebel or shall attempt or endeavour to corrupt any Captain Officer Mariner or other of the Navy or Fleet to betray his or their Trust and yield up any Ship or Ammunition or turn to the Enemy or Rebel shall be punished with death XIX No person in or belonging to the Fleet shall utter words of Sedition or Mutiny nor make or endeavour to make any Mutinous Assemblies upon any pretence whatsoever upon pain of death XX. No person in or belonging to the Fleet shall conceal any Traiterous or Mutinous Practices designs or words or any words spoken by any to the prejudice of His Majesty or Government or any words practices or designs tending to the hindrance of the Service but shall forthwith reveal them to his Superiour that a meet proceeding may be had thereupon upon pain of such punishment as a Court-Martial shall find to be just XXI 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 matter to deserve XXII If any of the Fleet find Cause or complain of the unwholsomness of his Victuals or upon other Just ground he shall quietly make the same known to his Superiour or Captain or Commander in chief as the occasion may deserve that such present remedy may be had as the Matter may require and the said Superiour or Commander is to cause the same to be presently remedied accordingly but no person upon any such or other pretence shall privately attempt or stir up any disturbance upon pain of such severe punishment as a Court-Martial shall find meet to inflict XXIII None shall quarrel or fight in the Ship nor use provoking or reproachful Speeches tending to make any quarrel or disturbance upon pain of imprisonment and such other punislement as the offence shall deserve and the Court-Martial shall impose XXIV That there be no wasteful expence 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 penalties by Fine Imprisonment or otherwise upon the Offenders Abetters Buyers and Receivers as shall be by a Court-Martial found just in that behalf XXV That care be taken in the conducting and Steering of the Ships that through willfulness 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 therein be punished by Fine Imprisonment or otherwise as the offence by a Court-Martial shall be adjudged to deserve XXVI All persons that shall willing burn or set fire on any Ship or Magazine or Store of Powder or Ship-Boat Ketch Hoy or Vessel or Tackle or Furniture thereto belonging not appertaining to the Enemy or Rebel shall be punished with death XXVII No man in or belonging to the Fleet shall sleep upon his Watch or negligently perform the duty inposed on him or forsake his station upon pain of death or other punishment as the Circumstances of the Case shall require XXVIII All Murthers and willful Killing of any Persons in the Ship shall be punished with death XXIX All Robbery and Theft committed by any person in or belonging to the Fleet shall be punished with death or otherwise as the Court-Martial upon consideration of the circumstances shall find meet XXX No Provost-Martial belonging to the Fleet shall refuse to receive or keep any Prisoner committed to his charge nor suffer him to 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 upon the party dismissed or permitted to escape or such other punishment as the Court-Martial shall think fit 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 XXXII If any person or persons in or belonging to the Fleet shall commit the unnatural and detestable sin of Buggery or Sodomy with Man or Beast he shall be punished with death without Mercy XXXIII All other Faults Misdemeanors and Disorders committed at Sea not mentioned in this Act shall be punished by the Laws and Customs in such cases used at Sea XXXIV And it is hereby further Enacted That the Lord High-Admiral for the time being shall by vertue of this Act have full power and authority to grant Commissions to Inferiour Vice-Admirals or Commanders in chief of any Squadron of Ships to call and assemble Court-Martials consisting of Commanders and Captains and no Court-Martial where the pains of death shall be inflicted shall consist of less than five Captains at least the Admirals Lieutenant to be as to this purposed esteemed as a Captain and in no cause wherein Sentence of Death shall pass by vertue of the Articles aforesaid or any of them except in case of Mutiny there shall be execution of such Sentence of Death without the leave of the Lord High-Ad miral if the offence aforesaid be committed in any Voyage beyond the Narrow Seas whereupon Sentence of Death shall be given in pursuance of the aforesaid Articles or of any of them then Execution shall not bed one but by Order of the Commander in chief of that Fleet or Squadron wherein Sentence of Death was passed XXXV And be it further Enacted and Declared That the Judge-Advocate of any Fleet for the time being shall have full power and authority to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid and in the absence of a Judge-Advocate the Court-Martial shall have full power and authority to appoint any person to administer an Oath to the purposes aforesaid PRovided also and it be further Enacted by the Authority aforesaid That this Act or any thing or things therein contained shall not in any manner of wise extend to give unto the Lord Admiral of ENGLAND for the time being or to any his Vice-Admirals Judge or Judges of the Admiralty his or their Deputy or Deputies or to any other the Officers or Ministers of the Admiralty or to any others having or claiming any Admiral Power Jurisdiction or Authority within this Realm and WALES nor any other the Kings Dominions any other Power Right Jurisdiction Preheminence or authority than he or they or any of them lawfully have hath or had or ought to have and enjoy before the making of this Act other than for such of the offences specified in the several Articles contained in this Act as hereafter shall be done upon the main Sea or in Ships or Vessels being and hovering in the main Stream of great Rivers only beneath the Bridges of the same Rivers nigh to the Sea within the Jurisdiction of the Admiralty and in none other places whatsoever and committed only by such persons as shall be in actual Service and pay in His Majesties Fleet or Ships of War FINIS