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
shall be Lawful for Captains to Carry such Prize into Port of Allicant or Cadiz in Spain or to the Port of Messina in Sicily or the Port of Naples and to put the same into the hands and possession of persons authorized to receive and preserve the same by His Majesty there to remain to be kept without Imbezlement until Condemned or Cleared by Court of Admiralty of England such Captors being obliged with all speed to transmit the Original Papers taken in such Ships or authentick Copies XV. Ships taken in West-Indies and America Where Ship shall be taken as Prize in west Indies or America the Captors to carry into any of His Majesties Ports in any of His Majesties Plantations and put the same in possession of Chief Governour there to remain and be kept as aforesaid until Condemned and Discharged by such persons as shall be lawfully commissioned in that behalf XVI Prizes taken in East Indies In case any Ship or Vessel shall be taken as Prize in the East Indies or any place beyond the Cape of Good Hope It shall be lawful to Carry such Ship to any Port of an English Factory and put the same into possession of the Governour or Chief Person of such Factory to be preserved as aforesaid until Condemnation by such Persons as shall be lawfully Commissioned in that behalf XVII Privateers taking Prizes where no French Goods Where any Ships shall be taken by any Privateer in which Ship there shall be no Goods of the Growth of the French Kings Dominions and the same shall appear upon Landing upon due proof thereof made That then after Lawful Condemnation of such Prize and Payment of Customes and other Duties to His Majesty the Person interessed in such Privateer shall have the said Ship and Goods c. without Deductions for tenths or any other proportion to His Majesty or the Lord High Admiral To have the whole without any deduction for Tenths Where Privateers take Prizes in Ports XVIII For preventing Abuses practised by Privateers pretending to take as Prizes Ships or Vessels within His Majesties Ports Rivers c. It is Enacted That where any Ship c. shall be taken within any Their Majesties Ports The Prizes to belong to His Majesty c. by any Privateer such Prize shall belong wholly to His Majesty as Perquisite of the Admiralty And the Captors to have such part and proportion thereof only as Their Majesties shall think fit Ships taken of King's Subjects retaken XIX Proviso That if any Ship c. taken as Prize or any Goods therein shall appear and be proved in the Court of Admiralty to be belonging to Their Majesties Subjects of Their Three Kingdoms or Territories thereunto belonging continuing in His Majesties Obedience which were before taken as Prize by the Subjects of the French King and re-taken by Their Majesties Ships of War or other Ship under His Majesties Obedience and Protection That then such Ships c. and such Goods therein found to belong to Their Majesties Subjects shall by Decree of the Court of Admiralty be adjudged to be restored to such former Owners To be restored to the Owners they paying in lieu of Salvage if taken by any of Their Majesties Ships an Eighth Part of the true Value of the Ships An eighth part instead of Salvage to be paid c. and Goods respectively to be restored which Salvage shall be paid to the Captain c. in the said Man of War to be divided as before directed touching the share of Prizes belonging to the Captains Officers and Seamen where Prizes are taken by Men of War And if taken by Privateer or other Ship Retaken Ship by Privateer c. having been in the possession of the Enemy 24 Hours and under 48 a fifth part And if above 48 and under 96 a third part thereof and if above 96 a Moiety thereof All which Payments to be made without deductions And if such Ship so retaken shall appear to have been after the Taking by the Enemy by them set forth as a Man of War the former Owners c. to whom the same shall be restored shall pay the full Moyety of the true Value without any deduction Privateer taking Vessel laden with Wooll XX. In Case during the continuance of this Act any Privateer Vessel laden with Wool or whereupon any Wool is laden with intent to Transport the same be taken by any Privateer or Man of War on due Proof thereof or Tryal in the Exchequer the Persons interessed in Privateer shall have to their own use one full Moiety of the Vessel and Goods the other Moiety to the King Admiralty to give this Act in their Instructions to Officers of King's Ships and Privateers XXI To prevent Ignorance of this Act by any Captains c. serving in His Majesties Ships or Privateers Lord High Admiral or Commissioners of the Admiralty are required to express all things by this Act directed to be observed concerning Prizes and the Shares Proportions and Reward of and for the same in the Instructions by them to be given during the continuance of this Act to all Captains and Commanders of the King's Ships or any Privateer by them authorized during that Time XXII Lastly a Proviso Commissioners detaining Money to be paid to Privateers That if Commissioners of Prizes or Commissioners of Customs shall detain in their hands the Shares and Proportions belonging to the persons interessed in Privateers 2 days after the same ought to be paid by this Act and demand thereof made free of all Fees and Charges whatsoever except Warehouse-Room and 2 per Cent. for all other Charges To forfeit double the Sum detain'd The person offending to forfeit double the Sum to be recovered by Action of Debt with Cost of Suit And no Protection c. Anno 5 6 Will. Mar. c. An Act for the better Discipline of His Majesties Navy Royal. REcites Preamble The Court of King's Bench or Commissioners of Oyer and Terminer may Try all Offences in the Act 13 Car. II. For the regulating and better Government of Their Majesties Navys and Ships of War and Forces by Sea That all Offences contrary to an Act made in the Thirteenth Year of King Charles the Second Entituled 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 which shall be committed after the 24th of June 1694. may be Prosecuted and Determined in Their Majesties Court of King's Bench at Westminster or before Iustices of Oyer and Terminer to be Constituted by Their Majesties Commission Power to the Courts to act And the said Courts are impowered to hold Connusance thereof by Information or Indictment and to proceed upon Hear and Determine the same according to the Course of the Common Law c. Offences done out of the Realm to be laid in any County
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
the Vse of Their Majesties And in Case the said Prize was taken by any Merchants Ships imployed in King's Service How distributed if taken by Merchant Ship in King's Service Then the Neat Proceed after such Sale as aforesaid such Deductions Customs as aforesaid shall be divided in Three Parts One Third to the Captain Officers and Seamen Surprising and Taking the same One Third to the Vse of Their Majesties One Third to the Treasurer of the Navy for the Purposes aforesaid VI. Provided Imbezlement of Prize-Goods That if any Captain or other Officers c. who shall take such Prize shall imbezle purloyne conceal or convey away or put on Shoar any part of the Goods in any place whatsoever other than His Majesties Warehouses of the said Ports the Party offending shall forfeit and loose the whole Share and Benefit of the Prize which otherwise he might have had Punishment and Forfeiture and upon Proof thereof upon Oath by one or more Witnesses before the Commissioners of the Customs in the Port of London if such Goods were Imbezled or put on Shoar in the said Port before the Chief Magistrate of the Peace in presence of the Chief Officer of the Port in any other Port where the said Goods shall be Imported Who to determine who are to Hear and Determine the same One Moiety of the said Goods to be to the Informer Informer to have half and shall be delivered to him by Warrant of the said Commissioners of the Customs of the Port of London or of the Chief Magistrate of the Place Signed and Sealed in the Presence of the Chief Officer of the Customs in such Port respectively and the other Moyety to the King Persons interessed may see the Accounts VII Any Person concerned in any Prize may at seasonable times be permitted to see the Accounts of any Prize that they may be satisfied whether the Shares have been rightfully distributed And the Commissioners for Prizes and their Officers are required to shew unto such Persons such Accounts for their Perusal Fee 1 s. for shewing Accounts and to take no Fee or Reward for the same more than one Shilling VIII Ships and Goods of French King taken by Privateers by collusion In case any Ship laden with Goods of the growth of the Dominion of the French King shall be taken by any Privateer by consent or clandestinely or by collusion such Ship c. and also the Ship c. of the Privateer shall upon Proof thereof to be made in the Exchequer or Admiralty Court be judged to be good Prize to Their Majesties One Moiety to Their Majesties and the other Moiety to the Discoverer Punishment and the Bond given by the Captain is declared forfeited And in Case such Ship Ships c. of French King's Dominions taken by Man of War c. shall be taken by any Man of War through consent collusion c. such Commander or Captain shall Forfeit 1000 l. One Moiety to the King the other Moiety to the Discoverer to be recovered by Action of Debt or Information in any of His Majesties Courts of Record and no Protection Punishment and forfeiture c. to be allowed And such Captain or Officer to forfeit his Imployment under Their Majesties for Seven Years and the said Ship and Goods adjudg'd good Prize to the King IX Proviso Tenth of Prize taken by Men of War In all Cases where Prize shall not be taken by Privateer One Tenth part thereof after such Sale and Deduction of His Majesties Customs c. shall be paid as aforesaid and before any Division of the Proceed thereof as aforesaid shall be Paid to the Treasurer of the Navy Paid to Treasurer of Navy and kept apart by the said Treasurer and shall be disposed of by Warrant of Commissioners of the Admiralty Commissioners of Admiralty to dispose of for Medals c. or Lord High Admiral for Medals and other Rewards for Officers Mariners and Seamen in the King's Service at Sea who shall have done extraordinary Service Encouragement to Men of War and Privateers to take Ships of Force X. For better Encouragement of Officers and Seamen to annoy the Enemy and to take and annoy Ships of War and of Force belonging to the Enemy It 's Enacted In case any of the King's Ships of War or Privateer shall take in Fight as Prize or shall Sink Fire or by any other means destroy any Ship of War or Privateer belonging to the French King or his Subjects or in their Service they shall have a Reward for such Ship of War taken or destroyed Ten Pounds for each piece of Ordnance in any Ship to be paid by the Commissioners of Prizes out of His Majesties share of Prizes XI If Commissioners of Prizes shall not pay or give Bills payable out of the first Money comes to their hands to the person interessed in such private Man of War Penalty on Commissioners of Prize not paying Reward for the reward of Ten Pounds a Gun by the space of three days after it ought to be paid demand thereof made free of all Charges and Deductions the Commissioners are made incapable of any Office for the future XII That the Shares The Rewards given by this Act to be in full of all shares Proportions and Rewards given by this Act to the respective Officers and Seamen shall be in lieu and full satisfaction of all Shares and Prizes taken this present War Any thing made in the Act 13 Car. II. cap. 9. or any Declaration or Order of Their Majesties to the contrary XIII If any Captain or Officer Imbezlement of Money Plate and Goods or any other person by his Direction or Commission or any Seaman or Soldier serving in the Navy or in any Privateer shall imbezle any Money Plate Goods Tackle or other things upon or above the Gun-Deck or any other part or place whatsoever in any Ship taken Prize or retaken from the Enemy Forfeiture the Party offending shall lose the Share c. to him allowed by this Act. And in Case he be an Officer he shall forfeit the sum of 500 l. whereof one moiety to the King the other to the Informer to be recovered in any of His Majesties Courts of Record at Westminster In Case an Officer 500 l. Forfeiture and therein no Protection c. to be allowed for every such Offence and such Officer to be incapable of any Office or place under Their Majesties for Seven Years Incapable of an Office for Seven Years It being the True intent of this Act that all Goods upon or above the Gun Deck and elsewhere shall in all places be preserved entire from Imbezlements and shall not be pillaged in any Case whatsoever Ships taken in Streights and Mediterranean XIV Provided That where any Ship shall be taken as Prize in the Mediterranean Sea or within the Streights of Gibralter It
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
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