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
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
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