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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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ANNO REGNI CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae 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 LONDON Printed for B. Griffin by order of the Principal Officers and Commissioners of His Majesties Navy 1690 ANNO XIII CAROLI II. Regis An Act for the Establishing Articles and Orders for the Regulating and better Government of His Majesties Navies Ships of War and Forces by Sea FOr the Regulating and better Government of his Majesties Navies Ships of War and Forces by Sea wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Be it enacted by the Kings most Excellent Maiesty with the Advice and Consent of the Lords and Commons in this peresent Parliament assembled and by the Authority thereof That all and every the Articles and Orders in this Act mentioned shall be duely and respectively put in Execution observed and obeyed in manner hereafter mentioned THat all Commanders Captains and other Officers at Sea shall cause the Publique Worship of Almighty GOD according to the Liturgy of the Church of England established by Law to be solemnly orderly and reverently performed in their respective Ships And that Prayers and Preachings by the respective Chaplains in holy Orders of the respective Ships be performed diligently and that the Lords day be observed according to Law II. Every person and persons in His Majesties pay using unlawful and rash Oaths Cursings Execrations Drunkenness Uncleanness or other scandalous Actions in derogation of GODS honour and corruption of good manners shall be punished by Fine Imprisonment or otherwise as the Court-Martial shall think fit III. If any Officer Mariner Souldier or other person in the Fleet shall give hold or entertain Intelligence to or with any King Prince or State being enemy to or any persons in Rebellion against His Majesty His Heirs and Successors without direction or leave from the Kings Majesty the Lord High-Admiral Vice-Admiral or Commander in chief of any Squadron every such person or persons so offending shall be punished with death IV. If any Letter or Message from any King Foreign Prince State or Potentate being an enemy to the Kings Majesty His Heirs and Successors or on their behalf be conveyed to any inferiour Officer Mariner or Sou●●●●● or other in the Fleet and the said Officer Mari●●●●ouldier or other aforesaid do not within twelve 〈◊〉 having opportunity so to do acquaint the Superiour C●●mander with it or if a Superiour Officer or Mariner being acquainted therewith by an Inferiour Officer Mariner or other 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-Martial shall think fit V. No person or persons of the Fleet shall relieve an Enemy or Rebel in time of War with Mony Victuals Powder Shot Arms Ammunition or any other Supplies whatsoever directly or indirectly upon pain of death or such other punishment as the Court-Martial shall thing fit to impose VI. All the Papers Charter-parties Bills of Lading pasports and other Writings whatsoever that shall be taken seized or found aboard any Ship or Ships which shall be surprised or seised 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 further punishment to be inflicted upon the Offenders therein as the quality of their offence and misdemeanor shall be found to deserve and the Court-Martial shall impose VII None in his Majesties pay shall take out of any prize or Ship or Goods seized on for Prize any Mony Plate Goods Lading or Tackle before Judgment thereof first past in the ●dmiralty Court but the full and intire accompt of the whol● without imbezlement shall be brought in and Judgme●●●ast intirely upon the whole without fraud upon pain of such punishment as shall be imposed by a Court-Martial or the Court of Admiralty excepting That it shall be lawful for all Captains Seamen Souldiers and others serving as aforesaid to take and to have to themselves as Pillage without further or other accompt to be given for the same all such Goods and Merchandizes other than Arms Ammunition Tackle Furniture or Stores of such Ship as shall be found by them or any of them in any Ship they shall take in fight or prize upon or above the Gun-deck of the said Ship and not otherwise VIII None shall imbezle steal or take away any Cables Anchors Sails or any of the Ships Furniture or any of the Powder or Arms or Ammunition of the Ship upon pain of death or other punishment as the quality of the offence shall be found by a Court-Martial to deserve IX If any Foreign Ship or Vessel shall be taken as prize that shall not fight or make resistance that in that case none of the Captains Masters or Mariners being Foreigners shall be stripped of their Cloaths or in any sort pillaged beaten or evil entreated upon pain That the person or persons so offending shall forfeit double damages but the said Foreign Ships and all the Goods so taken shall be preserved intire to receive Judgment in the Admiralty Court according to right and Justice X. Every Captain or Commander who upon signal or order of fight or view or sight of any Ships of the Enemy Pirate or Rebel or likelihood of Engagement shall not put all things in his ship in a fit posture for fight and shall not in his own person and according to his place hearten and encourage the inferiour Officers and common men to fight couragiously and not to behave themselves faintly shall be cashiered And if he or they shall yield to the Enemy Pirate or Rebels or cry for quarter he or they so doing shall suffer the pains of death or such other punishment as the offence shall deserve XI Every Captain Commander and other Office Seamen or Souldier of any Ship Frigat or Vessel of War shall duly observe the Commands of the Admiral or other his Superiour or Commander of any Squadron as well for the Assailing or setting upon any Fleet Squadron or Ships of the Enemy Pirate or Rebels or joyning Battel with them or making defence against them as all other
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