[Page] [Page] ANNO REGNI CAROLI II. REGIS Angliae, Scotiae, Franciae, & Hiberniae Decimo Tertio.

At the Parliament holden at Westminster the 8th. of May, Anno Dom, 1661.

In the Thirteenth year of the Raign of our most Gracious Soveraign Lord CHARLES, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c.

An Act for the Establishing Articles and Or­ders for the regulating and better govern­ment of His Majesties Navies, Ships of War, and Forces by Sea.

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LONDON.

Printed by S. and B. Griffin by order of the Principal Officers and Commissioners of His Majesties Navy, 1678.

ANNO XIII. CAROLI II. Regis.
An Act for the Establishing Articles and Orders for the Regulating and and better Government of His Maje­sties Navies, Ships of War, and Forces by Sea.

FOr the Regulating and better Government of His Majesties Navies, Ships of War, and Forces by Sea; Wherein under the good Providence and Protection of God, the Wealth, Safety, and Strength of this Kingdome is so much concerned, Be it enacted by the Kings most Excel­lent Majesty, with the Advice and Con­sent of the Lords and Commons in this present Parliament assembled, and by [Page 2] the Authority thereof, That all and every the Articles and Orders in this Act menti­oned, shall be duely and respectively put in Erecution, observed, and obeyed in man­ner hereafter mentioned.

I. THat all Commanders, Captains, and other Officers at Sea, shall cause the Publique Worship of Almighty GOD, according to the Liturgy of the Church of England, e­stablished by Law, to be solemnly, orderly, and reverently performed in their respective Ships : And that Prayers and Preachings by the respective Chaplains, in holy Orders, of the respective Ships, be performed diligently; and that the Lords-day be observed according to Law.

II. Every person and persons in His Majesties pay, using unlawful and rash Oaths, Cursings, Execrations, Drun­kenness, Uncleanness, or other Scandalous Actions, in dero­gation of GODS honour, and corruption of good manners, shall be punished by Fine, Imprisonment, or otherwise, as the Court-Martial shall think fit.

III. If any Officer, Mariner, Souldier, or other person in the Fleet, shall give, hold, or entertain Intelligence, to, or with any King, Prince, or State; being enemy to, or any persons in Rebellion against His Majesty, His Heirs and Successors, without direction or leave from the Kings Majesty, the Lord High-Admiral, Vice-Admiral, or Commander in chief of any Squadron, every such person or persons so offen­ding, shall be punished with death.

IV. If any Letter or Message, from any King, Foreign Prince, [Page 3] State, or Potentate, being an enemy to the Kings Majesty, His Heirs and Successors, or on their behalf, be conveyed to any inferiour Officer, Mariner, or Souldier, or other in the Fleet, and the said Officer, Mariner, Souldier, or other, as aforesaid, do not within twelve hours (having op­portunity so to do) acquaint the Superiour Commander with it; or if a Superiour Officer, or Mariner, being acquainted therewith by an Inferiour Officer, Mariner, or other, or him­self in his own person, receiving a Letter or Message from any such Enemy or Rebel, and shall not in convenient time re­veal the same to the Admiral, Vice-Admiral, or the Comman­der of the Squadron, every such person shall be punished with death, or such other punishment as the Court-Martial shall think fit.

V. No person or persons of the Fleet shall relieve an Enemy or Rebel, in time of War, with Money, Victuals, Powder, Shot, Arms, Ammunition, or any other Supplies whatso­ever, directly or indirectly, upon pain of death, or such other punishment, as the Court-Martial shall think fit to im­pose.

VI. All the Papers, Charter-parties, Bills of Lading, pas­ports, and other Writings whatsoever, that shall be taken, seized, or found aboard any Ship or Ships, which shall be surprised or seised as Prize, shall be duly preserved, and not torn, nor made away, but the very Originals sent up intirely, and without fraud, to the Court of Admiralty, or such other Commissioners as shall be appointed for that purpose; there to be viewed, made use of, and proceeded upon according to Law, upon pain of loss of all the sharers of the Takers, and such further punishment to be inflicted upon the Offen­ders therein, as the quality of their offence and misdemeanor shall be sound to deserve, and the Court-Martial shall im­pose.

[Page 4] VII. None in His Majesties pay shall take out of any prize, or Ship, or Goods seized on for Prize, any Money, Plate, Goods, Lading, or Tackle, before Judgement thereof first past in the Admiralty Court; but the full and intire accompt of the whole, without imbezlement, shall be brought in, and Judgement past intirely upon the whole, without fraud, upon pain of such punishment as shall be imposed by a Court-Martial, or the Court of Admiralty; excepting, That it shall be lawful for all Captains, Seamen, Souldiers, and others, serving as aforesaid, to take, and to have to themselves, as Pillage, without further or other accompt to be given for the same, all such Goods and Merchandizes (other then Arms, Ammunition, Tackle, Furniture, or Stores of such Ship) as shall be found by them, or any of them, in any Ship (they shall take in fight or prize) upon or above the Gun-deck of the said Ship, and not otherwise.

VIII. None shall imbezle, steal, or take away any Cables. Anchors, Sails, or any of the Ships Furniture, or any of the Powder, or Arms, or Ammunition of the Ship, upon pain of death, or other punishment, as the quality of the offence shall be found by a Court-Martial to deserve.

IX. If any Foreign Ship or Vessel shall be taken as prize, that shall nor fight or make resistance, that in that case, none of the Captains, Masters, or Mariners, being Forreigners, shall be stripped of their Cloaths, or in any sort pillaged, beaten, or evil entreated, upon pain, That the person or persons so offending, shall forfeit double damages; but the said Foreign Ships, and all the Goods so taken, shall be preserved intire to receive Judgement in the Admiralty Court, according to right and Justice.

[Page 5] X. Every Captain or Commander, who upon signal, or order of fight, or view, or sight of any Ships of the Enemy, Pirate, or Rebel, or likelihood of Engagement, shall not put all things in his ship in a fit posture for fight, and shall not in his own person, and according to his place, hearten and encourage the inferiour Officers and common men to fight couragiously, and not to behave themselves faintly, shall be cashiered; And if he or they shall yield to the Enemy, Pirate, or Rebels, or cry for quarter, he or they so doing shall suffer the pains of death, or such other punishment as the offence shall deserve.

XI. Every Captain, Commander, and other Officer, Seamen, or Souldier of any Ship, Frigat, or Vessel of War, shall duely observe the Commands of the Admiral, or other his Superiour or Commander of any Squadron, as well for the Assailing or Setting upon any Fleet, Squadron, or Ships of the Enemy, Pirate, or Rebels, or joyning Battel with them, or making defence against them, as all other the Com­mands of the Admiral, or other his Superiour Commander, upon pain to suffer death or other punishment, as the quality of his neglect or offence shall deserve.

XII. Every Captain, and all other Officers, Marriners, and Souldiers of every Ship, Frigat, or Vessel of War, that shall in time of any fight or engagement, withdraw, or keep back, or not come into the fight and engage, and do his ut­most, to take, fire, kill, and endamage the Enemy, Pirate, or Rebels; and assist, and relieve all and every of His Maje­sties Ships; shall for such offence of cowardize or disaffection be tryed and suffer pains of death, or other punishment, as the circumstance of the offence shall deserve, and the Court-Martial shall judge fit.

[Page 6] XIII. The Captains, Officers, and Seamen of all Ships appointed for Convoy and Guard of Merchants Ships, or any other, shall diligently attend upon that Charge without de­lay, according to their Instructions in that behalf; and whosoever shall be faulty therein, and shall not faithfully per­form the same, and defend the Ships and Goods in their Con­voy, without either diverting to other parts or occasions, or refusing or neglecting to fight in their defence, if they be set upon or assailed, or running away cowardly, and submit­ting those in their Convoy to hazard and peril; or shall de­mand and exact any Money, or other Reward from any Merchant and Master, for conveying of any such Ships or other Vessels belonging to His Majesties Subjects, shall be condem­ned to make reparation of the damage to the Merchants, Ow­ners, and others, as the Court of the Admiralty shall adjudge; and also be punished criminally, according to the quality of their offences, be it by pains of death or other punishment, ac­cording as shall be judged fit by the Court-Martial.

XIV. Whatsoever person or persons, in, or belonging to the Fleet, either through cowardize, negligence, or disaffe­ction, shall forbear to pursue the chase of any Enemy, or Pirate, or kebel beaten, or flying, or shall not relieve or assist a known friend in view, to the utmost of his power, shall be punished with death or otherwise, as a Court-Martial shall find fit.

XV. When at any time, service or action shall be com­manded, no man shall presume to stop, or put backward, or discourage the said service and action, by pretence of Arrears of Wages, or upon any pretence of Wages whatsoever, upon pain of death.

[Page 7] XVI. All Sea-Captains, Officers, and Seamen, that shall betray their Trust, or turn to the Enemy, Pirate, or Rebels, and either run away with their Ship, or any Ordnance, Am­munition, or Provision, to the weakening of the Service, or yield the same up to the Enemy, Pirate, or Rebels, shall be pu­nished with death.

XVII. All Sea-Captains, Officers, or Mariners, that shall desert the Service or their Imployment in the Ships, or shall run away, or intice any others so to do, shall be punished with death.

XVIII. All persons whatsoever that shall come, or be sound in the nature of Spies, to bring any seducing Letters or Messages from any Enemy or Rebel, or shall attempt or en­deavour to corrupt any Captain, Officer, Marriner, or other of the Navy or Fleet, to betray his or their Trust, and yield up any Ship, or Ammunition, or turn to the Enemy or Rebel, shall be punished with death.

XIX. No person in or belonging to the Fleet, shall utter words of Sedition or Mutiny, nor make, or endeavour to make any Mutinous Assemblies upon any pretence whatsoever, upon pain of death.

XX. No person in or belonging to the Fleet, shall conceal any Traiterous or Mutinous Practices, designs, or words, or any words spoken by any to the prejudice of His Majesty or Government, or any words, practices, or designs, tending to the hindrance of the Scrrice, but shall forthwith reveal them to his Superiour, that a meet proceeding may be had thereupon, upon pain of such punishment as a Court-Martial shall find to be just.

[Page 8] XXI. None shall presume to quarrel with his Superior Offi­cer, upon pain of severe punishment, nor to strike any such upon pain of death, or otherwise, as a Court-Martial shall find the matter to deserve.

XXII. If any of the Fleet find Cause of Complaint of the unwholsomness of his Victuals, or upon other just ground, he shall quietly make the same known to his Superior, or Captain, or Commander in chief, as the occasion may de­serve, that such present remedy may be had as the Matter may require, and the said Superiour or Commander is to cause the same to be presently remedied accordingly; but no person, upon any such or other pretence, shall privately at­tempt to stir up any disturbance, upon pain of such severe pu­nishment as a Court-Martial shall find meet to inflict.

XXIII. None shall quarrel or fight in the Ship, nor use provoking or reproachful speeches tending to make any quar­rel or disturbance, upon pain of imprisonment, and such other punishment as the offence shall deserve, and the Court-Marti­al shall impose.

XXIV. That there be no wasteful expence of any Powder, Shot, Ammunition, or other Stores in the Fleet, nor any im­bezlement thereof, but that the Stores and provisions be care­fully preserved upon such penalties by Fine, Imprisoment, or otherwise, upon the Offenders, Abetters, Buyers, and Receivers, as shall be by a Court-Martial found just in that behalf.

XXV. That care be taken in the conducting and Steering of the Ships, that through wilfulness, negligence, or other defaults, none of his Majesties Ships be stranded or run upon [Page 9] any Rocks or Sands, or split, or hazarded, upon pain, that such as shall be found guilty therein, be punished by Fine, Imprisonment, or otherwise, as the offence by a Court-Martial shall be adjudged to deserve.

XXVI. All persons that shall willingly burn or set fire on any Ship, or Magazine, or Store of Powder, or Ship, Boat, Ketch, Hoy, or Vessels, or Tackle, or Furniture thereto be­longing, not appertaining to the Enemy or Rebel, shall be punished with death.

XXVII. No man, in, or belonging to the Fleet, shall sleep upon his Watch, or negligently perform the duty imposed on him, or for sake his station, upon pain of death, or other pu­nishment as the Circumstances of the Case shall require.

XXVIII. All Murthers and wilful Killing of any Persons in the Ship, shall be punished with death.

XXIX. All Robbery and Theft committed by any person, in or belonging to the Fleet, shall be punished with death, or otherwise, as the Court-Martial upon consideration of the cir­cumstances shall find meet.

XXX. No Provost-Martial belonging to the Fleet, shall refuse to receive or keep any Prisoner committed to his charge, nor suffer him to escape, being once in his custody, nor dismiss him without order, upon pain of being lyable to the same pu­nishment, which should have been inflicted upon the party dis­missed, or permitted to escape, or such other punishment as the Court-Martial shall think fit.

[Page 10] XXXI. All Captains, Officers, and Seamen shall do their endeavours to detect, apprehend, and bring to punishment all offenders, and shall assist the Officers appointed for that purpose therein, upon pain to be proceeded against, and punished by the Court-Martial at discretion.

XXXII. If any person or persons, in or belonging to the Fleet, shall commit the unnatural and detestable sin of Buggery, or Sodomy, with Man or Beast, he shall be punished with death without Mercy.

XXXIII. All other Faults, Misdemeanors, and Disorders committed at Sea, not mentioned in this Act, shall be punished by the Laws and Customes in such cases used at Sea.

XXXIV. And it is hereby further Enacted, That the Lord High-Ad­miral for the time being, shall by vertue of this Act have full power and authority, to grant Commissions to Inferiour Vice-Admirals, or Commanders in chief of any Squadron of Ships, to call and assemble Court-Martials, consisting of Comman­ders and Captains; and no Court-Martial, where the pains of death shall be inflicted, shall consist of less then five Captains at least, the Admirals Lieutenant to be as to this purpose estee­med as a Captain; and in no cause wherein Sentence of Death [Page 11] shall pass by vertue of the Aticles aforesaid, or any of them (except in case of Mutiny there shall be Execution of such Sentence of Death, without he leave of the Lord High Admiral, if the offence be commited within the Narrow-Seas: But in case any of the offences afoesaid be committed in any Voyage beyond the Narrow Seas whereupon Sentence of Death shall be given in pursuance of the aforesaid Articles, or of any of them; then Execution shal not be done but by Order of the commander in chief of that [...]leet or Squadron wherein Sentence of Death was passed.

XXXV. And be it further Enacted and D [...]clared. That the Judge-Advocate of any Fleet, for the tine being, shall have full power and authority to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid; and in the abserce of a Judge-Advocate, the Court-Martial shall have full power and authority to ap­point any person to administer an Oath to the purposes afore­said.

PRovided also, and be it further Enacted by the Authority aforesaid, That this Act or any thing or things therein contained, shall not in any manner of wise extend to give unto the Lord Admiral of ENGLAND, for the time being, or to any his Vice-Admirals, Judge or Judges of the Admiralty, his or their Deputy or Deputies, or to any other the Officers or Ministers of the Admiralty, or to any others having or cla­ming any Admiral Power, Jurisdiction, or Authority within this Realm and WALES, nor any other the Kings Domi­nions, any other power, right, jurisdiction, preheminence, or [Page 12] authority, then he or they or any of them lawfully have, hath, or had, or ought to [...]ave, and enjoy before the making of this Act, other then for such of the offences specified in the several Articles contained in this Act, as hereafter shall be done upon the main Sea, or in Ships or Vessels being and ho­vering in the main Strean of great Rivers, onely beneath the Bridges of the same Rivers, nigh to the Sea within the Juris­diction of the Admiralty, and in none other places whatsoe­ver; and committed onl [...] by such persons as shall be in actual Service and pay in His M [...]jesties Fleet, or Ships of War.

FINIS.

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