An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter.

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Title
An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter.
Publication
London :: [s.n.],
1661.
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Subject terms
Law -- England -- Digests.
Cite this Item
"An Abridgement of the statutes made in the thirteenth year of the reign of King Charles the Second alphabetically digested under apt titles and heads for the ready finding out of the matter." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A39441.0001.001. University of Michigan Library Digital Collections. Accessed May 5, 2024.

Pages

Navy-Orders.

Stat. 13. Car. 2. cap. 9. All Officers at Sea, shall cause the Publick worship of 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 Prea∣chings by Chaplains in Holy Orders, of the respective ships be diligently performed, and that the Lords day be observed according to Law.

2. Every Person in the Kings pay, using unlawfull and rash Oaths, Cursings, Execra∣tions, Drunkenness, Uncleanness, or other scandalous Actions, shall be punished as the Court-Martial shall think fit.

3. It shall be Death to every Person in the Fleet who shall give, hold, or entertain Intellgence to or with any King, &c. being enemy to, or any persons in Rebellion against the King, his Heirs and Succeflors, without the Kings leave or the leave of the Lord High Ad∣mirall, Vice Admiral, or Commander in Cheif of any Squadron.

4. Every person in the Fleet who shall re∣ceive any Letter or Message from any King, Potentate &c. being enemy to the King, &c. or on their behalf, and doe not within twelve hours after (having an opportunity so to do)

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acquaint the superior Commander with it: Or if a Superior officer or Matiner, being ac∣quainted therewith, or himself in his own per∣son receiving a Letter of Message from any such enemy, or Rebel, and shall not in con∣venient time reveal the same to the Admiral, Viceadmirall, or the Commander of the Squadron, such person shall suffer Death, or other punishment as the Court-Martiall shall think fit.

5. No Person in the Fleet shall releive any Enemy or Rebell, in Time of War with any Supply whatsoever, upon pain of death, or as the Court-Martiall shall think fit.

6. All the Papers, Charter-Parties, Bills of Lading, Pasports and other Writings what∣soever that shall be found aboard any ship which shall be seised as Prize, shall be preser∣ved and not torn, nor made away, but the very Originals sent up entirely, and wathout fraud to the Court of Admiralty, or such as shall be appointed for that purpose, upon pain of loss of all the shares of the Takers: and such further punishment on the Offenders as the Court-Martial shall impose.

7. None in the King's pay shall take out of any prize, or ship or Goods seized on for Prize, any money, Plate, Goods, Lading or Tackle, before Judgment thereof passed in the Admiralty Court, but the full account of the whole shall be brought in without imbezil∣ment, and judgment pass entirely upon the whole without fraud, upon pain of being pu∣nished by a Court-Martial or the Court of

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Admiralty, Excepting that it shall be lawfull for all Captains, Seamen, &c. to take to them∣selves as Pillage, without account to be given, all such Goods and Merchandize (other then Arms, Ammunition, Tackle, Furniture, or Stores of such ship,) as they shall find upon or above the Gun-deck of any ship taken in fight or prize.

8. None shall Imbezle, Steale, &c. any Cables, Anchors, Sailes, Furniture, Powder, Arms, or Ammunition of the Ship upon pain of death, or as a Court-Martial shall adjudge.

9. If any Foorein ship, &c. shall be taken as prize, without resistance, then none of the Captains, Masters, or Mariners, being Forei∣ners, shall be stripped of their Cloaths, pilla∣ged or beaten, upon pain that the offender for∣feit double damages, but such ships and Goods so taken, shall be preserved entire, to receive Judgment in the Admiralty according to Ju∣stice and Right.

10. Every Captain or Commander, who upon signall or Order of fight, or view or sight of any ships of the Enemy, Pirate or Rebel, or likelyhood of Engagement, and shall not put all things in a posture for fight, and shall not in his own person according to his place, en∣courage the inferior Officers, &c. to fight cou∣ragiously, & not faintly to behave themselves, shall be cashiered, And if such yield to the E∣nemy, &c. or crie for Quarter; such person or persons shall suffer death, or punishment ac∣cording to his desert.

11. Every Captain, Commander or others

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of any ship of War shall duly observe all the Commands of the Admiral, or other superior Commander, upon pain of Death or punish∣ment as the offence shall deserve.

12. Every Captain, and Officers, Mariners and Souldiers of every ship, &c. that shall not in any fight doe his utmost against the ene∣my, &c. and assist and relieve all the King's ships, shall be tryed, and suffer Death or other punishment as the Court-Martial shall Judge fit.

13. That the Captains, Officers, and Sea∣men of all ships appointed for Convoy, &c. who shall not faithfully perform the same, and defend the ships and Goods in their Convoy, without diverting to other parts or occasions, or neglecting to fight in their defence, &c. and submitting those in their convoy to ha∣zard, or shall exact any Reward, from any Merchant or Master for conveying of any ship, or Vessel, &c. belonging to his Majesties Sub∣jects, they shall make reparation of the da∣mage as the Court of Admiralty shall ad∣judge, and also be punished criminally either by death or otherwise as the Court-Martial shall judge fit.

14. All persons whatsoever belonging to the Fleet, who shall forbear to pursue or chase an Enemy, &c. beaten, or flying, or shall not assist a known friend in view to his utmost power; shall suffer death, or punishment as the Court-Martial shall think fit.

15. Upon the Command of any Service or action, no man shall presume to stop or discou∣rage

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the said service and action upon any pre∣tence of wages whatsoever upon pain of death.

16. All See-Captains, Officers and Sea∣men, that shall betray their Trust, or turn to the Enemy, &c. and either run away with their ship or any Ordnance, Ammunition, or Provision, or yield the same up, shall suffer death.

17. All See Captains, officers, or Mariners that shall desert the Service or imployment in the ships, or shall run away, or intice other so to doe, shall suffer death.

18. All persons that shall come or be found in the nature of spies, to bring seducing Letters, &c. or shall endeavor to corrupt any Captain, &c. to bettay their trust, &c. shall suffer death.

19. No person in or belonging to the Fleet, shall use seditious or mutinous words, or make or endeavour to make any Mutiny, upon pain of Death.

20. None shall conceal any Trayterous or Mutinous practices, design, or words, or any words against the King, or Government, or any words or designs tending to the hindrance of the service, but shall forthwith reveal them to his superior, upon pain of Punishment as a Court-Martial shall think fit.

21. None shall quarel with his Superior Officer upon pain of severe punishment, nor strike him, upon pain of death, or as a Court-Martial shall adjudge.

22. If any find cause of complaint upon any just ground, he shall quietly make the same

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known to his Superior or Commander in Cheif, and they are presently to remedy the same, but none shall upon any pretence whatsoever privately attempt to stir up disturbance, on pain of such severe punishment as the Court-Martial shall inflict.

23. None shall quarrel or fight in the ship, nor use provoking speeches, tending to make Quarrel, &c. upon pain of imprison∣ment and other punishment as the Court-Mar∣tial shall adjudge fit.

24. There shall be no wastful expence of any Ammunition, &c. or other stores in the Fleet, nor any imbezilment thereof, but that the same be carefully preserved, upon pain of such punishment, upon the offenders, Abet∣ters, byers and Receivers, as the Court-Mar∣tial shall adjudge.

25. That such as shall be found guilty either through wilfullness, negligence, or other de∣faults in the conducting and Steering of the ships, that none be stranded, &c. or split, or hazarded upon pain of such punishment as a Court-Martial shall adjudge.

26. Every one that shall willingly set on fire any ship, Magazine, Store, boat, Ketch, Hoy, or Vessell, Tackle or Furniture, not appertaining to an Enemy, or Rebel, shall be punished with death.

27. None shall sleep upon his Watch, neglect the duty imposed, or forsake his Sta∣tion, upon pain of death: or as the Case shall require.

28. All Murthers and wilfull Killing of

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any in the ship shall be punished with death.

29. All Robbery & Theft shall be punished with death, or as the Court-Martiall shall think fit.

30. No Provost-Martiall, shall refuse to re∣ceive or keep any Prisoner committed to his charge, nor suffer such to escape, nor dismisse him without order, on pain of the same punish∣ment, which should have been inflicted upon the party dismissed, or permitted to escape, or as the Court-Martial shall think fit.

3. All Captains, Officers, and Seamen, shall doe their endeavours to detect, appre∣hend and bring to punishment all Offenders, and shall assist the Officers, for that purpose, on pain of being punished by the Court-Mar∣tiall.

32. Every one committing the unnatural and detestable sin of Buggery or Sodomy with man or Beast, shall suffer death without mercy.

33. All Faults, Misdemeanors, and disor∣ders, committed at Sea, nor herein mentio∣ned, shall be punished according to the Laws and Cuctoms used in such Cases at Sea.

34. The Lord High Admiral for the time being, shall grant Commissions to inferior Vice Admirals, or Commander in Cheif of any Squadron of ships, to call Court-Martials, consisting of Commanders, and Captains, and no Court-Martiall, for inflicting death, shall consist of less then five Captains, the Admiralls Lieutenant to be as to this purpose estemed as a Captain: and in no case wherein Sentence of Death shall pass, by vertue of

Page 26

any of the artiels aforesaid (except in ease of Mutiny) shall such sentence be executed, without the leave of the Lord High Admiral, if the offence be committed within the Nar∣row Seas; But if beyond the narrow Seas, the offence shall be committed, whereupon the Sentence of death shall be given, &c. then Execution shall not be done but by order of the Commander in chief of that Fleet, &c. wherein sentence of death was passed.

35. The Judge Advocate of any Fleet for the time being, shall have power to admini∣ster an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid, and in his absence the Court-Martiall shall appoint one to admini∣ster an Oath as aforsaid.

36. That this Act, &c. shall not extend to give unto the Lord Admiral of England for the time being, or to any his Vice-Admiralls, &c. or to any claiming Admirall-power, &c. within any the King's Dominions, any other power, right, Jurisdiction, &c. then he or they or any of them, lawfully have, or ought to have and enjoy before the making of this Act, other then for such of the offences Specified in the severall Articles herein contained, as shall he hereafter done upon the main Sea, or in ships or Vessels, being and hovering in the main stream of Great Rivers, only beneath the Bridges of the same Rivers, nigh to the sea within the Admiralty Jurisdiction, and in none other places whatsoever, and committed only by such as shall be in actual service and pay in the King's Fleet, or ships of War.

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