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A84514 An abstract of all such acts of Parliament, now in force, as relate to the admiralty and navy of England; Public General Acts. Selections: Royal Navy England and Wales. 1697 (1697) Wing E861B; ESTC R224492 40,565 210

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Disabled shall upon Certificate in manner as directed by the said Statute be admitted and placed in the said Hospital and shall be provided out of the Revenues of the said Hospital according to the Rules and Orders to be provided and setled for the said Hospital convenient Lodging Meat Drink Cloaths and other Necessaries and Conveniencies and the Widows and Children of such Slain Registred Seaman to be in like manner received and provided for Persons so received into the Hospital and relieved to be in Order of time as appearing on the Registry Book of Seamen And forasmuch as there may be divers Persons so Registred and disabled and divers of the Widows and Children of such Registred Seamen may at one and the same time stand in need and by the said Act claim the Bounties and Advantages aforesaid It is Enacted For the avoiding all Partiality and Favour That all and every such Persons who by the said Act may claim any of the said Bounties Provisions or Allowances shall be received into the said Hospital and maintained upon Certificates to be had in manner as by the recited Act is provided in succession one after another as the Person Registred shall be and appear in Course and Order of Time to be upon the Registry Book of Seamen And the Widows and Children of the Persons longest Registred always to be preferred and admitted into the said Hospital and the Benefits thereof to be imployed in manner as aforesaid II. Certificate under the Hand of one Justice of Peace sufficient Warrant to Register Seaman For greater ease to all and every Seamen who have liberty to Register themselves Every such Seaman from and after the Tenth day of April next ensuing bringing or causing to be brought a Certificate in manner as the said Act directs of the Place of his Abode and in case of Removal a new Certificate under the Hand of any one or more Iustices of the Peace of the Place and County where he lives in such and the like manner as the said Act directs and be also Intituled to all and every the Benefits and Advantages given in and by the said Act And to have like Benefit as well for himself as his Wife Widow and Children The said Iustices giving such Certificate is required to make strict inquiry into the truth of the Contents of the Certificate so by them to be given and to examine the Parties so desiring the Certificate on Oath if shall see occasion Justices to Examine into truth of Certificate on Oath And if on Examination the said Iustice shall find any Fraud such Iustices are required to Certifie the same to the Commissioners of the Admiralty or Lord High Admiral And if find any fraud to certifie that such Fraud and Deceit may be prevented Masters Mates and their Wives and Children to have Benefits and advantages of the Act III. It is Enacted That if any Person Registred and who are or shall be raised to the Degree of Master's Mate in any of His Majesties Ships of War and the Wives and Children of such Master's Mate are declared and enabled to have and enjoy all and every the Benefits Advantages and Bounties given to any other Persons so Registred or to their Wives and Children What persons above Fifty may Register themselves IV. It is Enacted That from and after the Tenth day of April next all and every such Seamen who are above the Age of Fifty and who by the said Act might Register themselves in manner as aforesaid in case they were not of such Age and who shall appear by the Books of the Navy-Office to have faithfully served on Board any of His Majesties Ships for the space of Seven Years past without wilful deserting the same shall upon producing Certificate under the Hand of one Iustice of Peace in manner aforesaid be Registred and such Person so Registred and their Wives and Children Executors and Administrators to have and enjoy the several and respective Priviledges in the said Act. V. Proviso Persons of 50 not to be Registred until give reason for omitting Registring before That no Person above Fifty shall after the said Tenth of April be permitted to Register themselves without giving such reasons for the omitting the Registring themselves as shall be approved by Commissioners of the Admiralty or any Three or more of them or the Lord High Admiral or the Commissioners of the Navy or any Three of them or such Persons as shall be appointed by the King for keeping the said Register VI. Commissioners of the Registry to examine on Oath Masters of Ships for discovery of Seamens Wages For the better levying and collecting the Duties of Six Pence per Mensem given and granted by the said recited Act for the Revenues ond support of the said Hospital c. It shall be lawful for Commissioners appointed for Registering of Seamen or their respective Deputies for time being for the better discovery of the Pay and Wages due to the Sailors and Persons who served on Board any the Merchants and Privateer Ships or Vessels in the said Act mentioned to cause all such Masters and Commanders of such Ships not in His Majesties Service to be and appear before them the said Commissioners or the respective Deputies who are hereby impowered all and every such Masters and Commanders upon their Oaths to Examine as to the Number Rates Salaries Wages and Times of Service of all and every such Person or Persons belonging to or serving in such Ships or Vessels in the said recited Act and which by the said Act are obliged to Pay the said Duty of Six Pence per Mensem out of their Salaries and Wages as aforesaid And if such Masters and Commanders or any of them shall refuse when Summoned or Commanded to appear before the said respective Persons unpower'd to Examine them in manner as aforesaid Or if they shall appear and obstinately refuse to give a plain full and exact Discovery of the Matters aforesaid upon their Oaths that then in every such case all and every such Offendor or Offendors shall for every such Refusal or Neglect Forfeit the Sum of 10 l. to the use mentioned in the said recited Act Penalty of Refusers to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster with full Costs of Suit Provided such Masters be not Quakers or reputed Quakers VII It is Enacted Quakers to be examined That every Master or Commander of a Ship or Vessel mentioned in the said recited Act being a Quaker may and shall be Examined before the said Commissioners appointed for Registring Seamen or Three or more of them or their Deputys and the said Commissioners or their Deputies may and shall from Time to Time take the solemn Affirmation and Declaration of such Quakers instead of their Oaths and in such Manner and Form as by an Act made in the Seventh and
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
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
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
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
Pay due or to be due to him for his Service not exceeding 2 Months Pay in every 6 Months which shall be duly comply'd with upon proof of the 6 Months Service by return of Musters according to the practice of the Navy and on like proof of such Seaman's Death in the Service the Wages remaining due to him shall be paid to his Executors or Administrators without tarrying for the Ships Return or her General Pay Also Double share of Prizes to Registred Seamen Every Seaman Registered shall upon taking any Prize at Sea wherein he shall be Intituled to any Share have a double part more than any other Seaman of like Quality in the Ship with himself Vpon producing a Certificate of his being Registred he shall from time to time be freed from serving upon any Iuries or Inquests Registred Seaman's Priviledge and Exemption or in the Militia or in or about the assessing or Collecting of any Publick Taxes or Assessments or in the Offices of Constable Tythingman Bosholders Church-Wardens or Overseer or Collector of the Poor or any other Parish Office whatsoever Except he shall declare himself willing to serve in the said Offices for which Certificate no Fee to be demanded or received All Registred Persons by Age Aged and disabled Seamen to be put into Hospital on Certificate Wounds or other Accidents disabled for further Service at Sea and not in a Condition to Maintain themselves Comfortably shall upon Certificate thereof from the Captain Master Surgeon and Purser or so many of them as were in the said Ship for the Time being under his or their Hands unto the Governour of the said Hospital at Greenwich be admitted into the said Hospital and there provided with fitting and convenient Lodging Meat Drink and Clothing and other Necessaries during their Life Widows of Registred Seamen Also The Widows of such Seamen who shall be Slain Kill'd or Drowned in the Service and the Children of such Seafaring Men so Kill'd or Drown'd and not of Ability to Maintain themselves Comfortably shall be received into the said Hospital and there provided for And the said Children shall be educated at the Charges of the said Hospital till they are fit to be put out or of ability to maintain themselves Proviso That if Registred Seamen do not serve Provided always That if any Registred Person during time of actual War withdraw or absent himself from His Majesties Service in his Navy and shall not within 30 days after due Summons or Warning from the Commissioners of the Admiralty Commissioners of the Navy Officers of the Registry or Vice-Admirals of the several Counties repair on Board the Ship to which he belongs or shall be appointed not being detained by Sickness or other Bodily Infirmities to be attested by the Oath of Two Credible Witnesses to be allow'd by the Commissioners of the Admiralty Navy Registry or Vice-Admirals or shall relinquish the Service of His Majesty without consent in Writing of the Commissioners of the Admiralty he shall for ever loose the benefit of this Act To loose the benefit of this Act. and serve His Majesty at Sea 6 Months without any Pay but for such Offence only he shall not suffer as a Deserter Provided That nothing in this Act extend to take away the Punishment appointed for Deserters by an Act made the 13th Car. II. After the Term of 25 Years Brotherhood of Trinity-House from the 25th of March 1696 None shall be capable of being a Brother of Trinity-House but who have been Registred Every Seaman serving His Majesty Six Pence per Month to be paid out of Seamens Wages or in any Ship or Vessel belonging to any of the Subjects of England or any other His Majesties Dominions shall allow and there shall be Paid out of his Wages Six Pence a Month for the better supporting of the said Hospital How to be Levied which shall be levyed by such Officers and according to such Rules and Methods as shall in that behalf be appointed by the Commissioners of the Admiralty Proviso The Certificate to be brought by Seamen Provided always That every Seaman at the time of his being Registred shall bring or cause to be brought a Certificate of his Place of Abode under the Hands of Two Iustices of the Peace of the County or Place where he lives and as often as any such Seaman shall change his Place of Abode he shall bring or cause to be brought a new Certificate thereof to the Register under the Penalty of loosing the benefit of his being Registred as aforesaid Registred persons under 18 and above 55 exempted from Service Registred Persons under 18 or obove 55 Years of Age shall be exempted from Service upon Summons as aforesaid unless they will Voluntarily Enter themselves to serve Registred Persons preferr'd to Commission not to be intitled to 40 s Registred Persons preferred to Commission or Warrant Offices not to be entitled to the 40 s. per Annum or other benefits of this Act or liable to any of the Penalties or disabilities therein mentioned Commissioners of the Admiralty may Discharge any Seaman from the Register Admiralty may discharge or expunge Persons Registred upon any Cause for which it shall be desired And may for any Offence dismiss and expunge any Seaman from the Register and thereby deprive them from the Benefits thereof according to their discretion Licences shall at any time be given by Order of His Majesty Licences to Landmen or Commissioners of the Admiralty to any Landmen desirous to apply themselves to Sea-Service to serve in Merchant Ships 2 Years which shall Protect them from being Impress'd Provided they bring to the Register Two Credible Persons Inhabitants or known in the Place where they enter themselves who shall assert the knowledge of the said Landmen and their Profession for Two Years past Any Person vouching one for a Landman that is a Seaman shall forfeit 20 l. Person vouching Seaman a Landman And any Seaman personating or taking anothers Name Personating or taking other's name Counterfeiting Licence And any Seaman or other Person whatsoever counterfeiting a Licence shall forfeit 20 l. And suffer such Punishment as by Law may be inflicted and any Seaman so offending shall be uncapable of the benefit of this Act. Seamen in Cinque Ports Seamen Inhabiting in the Cinque-Ports to be Registred in such Places and by such Persons as the Lord Warden shall appoint And to enjoy the same Benefits and to be liable to the same Penalties in case of absenting from the Service or disobeying the Lord Wardens Summons as the Persons Registred elsewhere The said Registerer to take their Oaths before the Lord Warden Governour of Dover or his Deputy or some Mayor of the Cinque Ports Registred person shall not be obliged to serve as a Land Soldier No Registred Person shall by vertue of any of the powers before mentioned be obliged to serve
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