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
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
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