the commands foldier of any ship, frigot or veffel of war, fhall duly obferve the All officers commands of the admiral, or other his fuperior or commander hall obferve of any fquadron, as well for the affailing or fetting upon any of the admiral. fleet, fquadron, or fhips of the enemy, pirate or rebels, or joyning battle with them, or making defence against them, as all other the commands of the admiral, or other his fuperior commander, upon pain to fuffer death or other punifhment, as the quality of his neglect or offence shall deferve. XII. fhall withdraw or not fight. Every captain, and all other officers, mariners and foldiers Officers that in of every thip, frigot or veffel of war, that fhall in time of any time of fight 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 affift and relieve all and every of his Majefties fhips, fhall for fuch offence of cowardize or difaffection, be tryed and fuffer pains of death or other punishment, as the circumftance of the offence fhall deferve, and the court-martial fhall judge fit. XIII. The captains, officers and fea-men of all thips, appointed Officers and for convoy and guard of merchant ships, or any other, thall di- fhips appoint→ ed for convoy, ligently attend upon that charge, without delay, according to their duty. their inftructions in that behalf; and whofoever shall be faulty therein, and shall not faithfully perform the fame, and defend the ships and goods in their convoy, without either diverting to other parts or occafions, or refufing or neglecting to fight in their defence, if they be fet upon or affailed, or running away cowardly, and fubmitting thofe in their convoy to hazard and peril, or fhall demand or exact any money or other reward from any merchant or master, for convoying of any fuch fhips or other veffels belonging to his Majefties fubjects, fhall be condemned to make reparation of the damage to the merchants, owners and others, as the court of admiralty fhall adjudge, and also be pu- Penalty for nished criminally, according to the quality of their offences, be non performit by pains of death or other punishment, according as fhall be ance. adjudged fit by the court-martial. XIV. Whatfoever perfon or perfons, in or belonging to the fleet, The penalty either through cowardice, negligence or difaffection, fhall for- fornot chafing bear to pursue the chafe of any enemy, or pirate or rebel beaten an enemy, or or flying, or fhall not relieve or affift a known friend in view, to not relieving a the utmost of his power, fhall be punished with death, or otherwife, as a court-martial fhall find fit. XV. friend. When at any time service or action fhall be commanded, no Service comman shall prefume to ftop or put backward, or difcourage the manded thall faid fervice and action, by pretence of arrears of wages, or upon not be stopped any pretence of wages whatfoever, upon pain of death. or difcou XVI, raged. None fhall be- truít, noryield to the enemy. XVI. All fea-captains, officers and fea-men, that fhall betray their truft or turn to the enemy, pirate or rebels, and either run away with their ship or any ordnance, ammunition or provifion, to the weakening of the fervice, or yield the fame up to the enemy, pirate or rebels, fhall be punished with death. XVII. Deferting the Spies. Sedition, mu tiny. Concealers of All perfons whatsoever that fhall come, or be found in the nature of fpies, to bring any feducing letters or meffages from any enemy or rebel, or thall attempt or endeavour to corrupt any captain, officer, mariner, or other of the navy or fleet, to betray his or their truft, and yield up any fhip or ammunition, or turn to the enemy or rebel, fhall be punished with death. XIX. No perfon in or belonging to the fleet, fhall utter any words of fedition or mutiny, nor make or endeavour to make any mutinous assemblies upon any pretence whatsoever, upon pain of death. XX. No perfon in or belonging to the fleet, fhall conceal any traiterous or mutinous practices, defigns or words, or any words spoken by any to the prejudice of his Majesty or government, or any words, practices or defigus tending to the hindrance of the fervice, but fhall forthwith reveal them to his fuperior, that a meet proceeding may be had thereupon, upon pain of fuch punishment as a court-martial thall find to be just. XXI. None fhall prefume to quarrel with his fuperior officer, upon Quarrelling or pain of fevere punishment, nor to ftrike any fuch perfon upon petior officer. pain of death, or otherwife, as a court-martial fhall find the itriking a lu Unwholfom als, matter to deserve. XXII. If any of the fleet find caufe of complaint of the unwholesomneis of victu. nefs of his victuals, or upon other juft ground, he fhall quietly make the fame known to his fuperior or captain, or commander in chief, as the occafion may deserve, that such present remedy may be had as the matter may require, and the faid fuperior or commander is to cause the fame to be presently remedied accordingly; but no person upon any fuch or other pretence, fhall privately attempt to ftir up any difturbance, upon pain of fuch fevere punishment as a court-martial fhall find meet to inflict. XXIII. Quarreling.or upon upon pain of imprisonment, and fuch other punishment as the offence fhall deferve, and the court-martial shall impofe. XXIV. That there be no wafteful expence of any powder, fhot, am- Wasteful exmunition, or other ftores in the fleet, nor any imbezlement pence of amthereof, but that the ftores and provisions be carefully preserved, munition. upon fuch penalties by fine, imprisonment, or otherwise, upon the offenders, abettors, buyers and receivers, as fhall be by a court-martial found just in that behalf. XXV. That care be taken in the conducting and steering of the fhips, Care of contthat through the wilfulness, negligence, or other defaults, none ducting and of his Majesty's fhips be stranded or run upon any rocks or fands, fteering fhips. or split, or hazarded, upon pain that fuch as thall be found guilty therein be punished by fine, imprisonment, or otherwife, as the offence by a court-martial shall be adjudged to deserve. XXVI. ship. All perfons that shall willingly burn or fet fire on any ship, Burning a or magazine, or ftore of powder, or ship, boat, ketch, hoy or veffel, or tackle or furniture thereto belonging, not appertaining to an enemy or rebel, fhall be punished with death. XXVII. No man in, or belonging to the fleet, fhall fleep upon his Sleeping upon watch, or negligently perform the duty impofed on him, or for- watch. fake his ftation upon pain of death, or other punishment, as the circumftances of the cafe fhall require. XXVIII. All murders and wilful killing of any perfon in the fhip fhall Murders. be punished with death. XXIX. theft. All robbery and theft committed by any perfon in or belong- Robbery and ing to the fleet, fhall be punished with death, or otherwise, as the court-martial upon confideration of circumstances shall find meet. XXX. No provost-martial belonging to the fleet, fhall refufe to re- Provost marceive or keep any prifoner committed to his charge, nor fuffer tial prifoners. him to escape, being once in his cuftody, nor difmifs him without order, upon pain of being liable to the fame punishment which fhould have been inflicted upon the party difmiffed, or permitted to escape, or fuch other,punishment as the court-martial fhall think fit. XXXI. All captains, officers, and fea-men, fhall do their endeavours Apprehendto detect, apprehend, and bring to punishment all offenders, ing offenders. and fhall affift the officers appointed for that purpose therein, upon pain to be proceeded against, and punished by the court martial at difcretion. Vol. VIII, C XXXII. Sodomy. Misdemea XXXII. If any person or perfons in or belonging to the fleet, fhall commit the unnatural and deteftable fin of buggery or fodomy with man or beaft, he shall be punished with death without mercy. XXXIII. All other faults, mifdemeanors, and diforders committed at nors, and dif- fea, not mentioned in this act, fhall be punished according to the orders at fea. laws and customs in fuch cases used at fea. XXXIV. The lord high And it is hereby further enacted, That the lord high admiral for admiral's pow- the time being, fhall by virtue of this act have full power and auer to grant thority to grant commiffions to inferior vice-admirals, or comcommiffions to manders in chief of any fquadron of fhips, to call and affemble call court martials. Judge adrocate of any fleet to admi nifter an oath for trial of of fences. Court-mar tial. Provifo touch ers of the lord admiral. court-martials, confifting of commanders and captains; (2) and no court-martial where the pains of death fhall be inflicted, fhall confift of less than five captains at least, the admiral's lieutenant to be as to this purpose esteemed as a captain; (3) and in no cafe wherein sentence of death fhall pass by virtue of the articles aforefaid, or any of them (except in cafe of mutiny) there fhall be execution of fuch fentence of death, without the leave of the lord high admiral, if the offence be committed within the narrow feas but in cafe any of the offences aforefaid be committed in any voyage beyond the narrow feas, whereupon fentence of death fhall be given in purfuance of the aforefaid articles, or any of them; then execution fhall not be done but by order of the commander in chief of that fleet or fquadron wherein fentence of death was passed. XXXV. And be it further enacted and declared, That the judge advocate of any fleet, for the time being, thall have full power and authority to adminifter an oath to any person or witness in order to the examination or tryal of any of the offences aforefaid; and in the abfence of a judge-advocate, the court-martial thall have full power and authority to appoint any perfon to administer an oath to the purpofe aforefaid. XXXVI. Provided alfo, and be it further enacted by the authority aing the pow- forefaid, That this act or any thing or things therein contained, fhall not in any manner of wife extend to give unto the lord admiral of England for the time being, or to any of his viceadmirals, judge or judges of the admiralty, his or their deputy or deputies, or to any other the officers or minifters of the admiralty, or to any others having or claiming any admiral power, jurifdiction or authority within this realm and Wales, or any other the King's dominions, any other power, right, jurifdiction, preheminence, or authority, than he or they or any of them, lawfully have, hath, or had, or ought to have and enjoy before the making of this act, other than for fuch of the offences fpecified in the feveral articles contained in this act, as hereafter Repealed by 22 Geo. 2. C. 33. fhall shall be done upon the main fea, or in fhips or veffels being and hovering in the main ftream of great rivers, only beneath the bridges of the fame river nigh to the fea, within the jurisdiction of the admiralty, and in no other places whatfoever, and committed only by fuch perfons as fhall be in actual fervice and pay in his Majefty's fleet, or fhips of war. CAP. X. An act to prevent the unlawful courfing, hunting or killing of deer. FOR OR the better preventing of the unlawful courfing, hurting, taking or killing of deer, by many idle, loofe and diforder- Unlawful ly perfons, (2) be it enacted by the King's most excellent ma- killing of deer. hunting or jefty, and by the advice and confent of the lords and commons in parliament affembled, and by the authority of the fame, That if any perfon or perfons fhall from and after the first day of Auguft next unlawfully courfe, kill, hurt or take away any red or fallow deer in any foreft, chafe, purlieu, paddock, wood, park, 3 Mod. 114. or other ground where deer are or have been ufually kept with- 2 Show. 490, in the realm of England or dominion of Wales, without the confent of the owner or perfon chiefly intrufted with the custody thereof, or fhall be aiding or affifting therein, and shall be convicted thereof by the confeffion of the party, or by the oath of one or more credible witneffes, before one or more juftices of the peace, (who are hereby impowered to adminifter an oath to that purpose) fuch perfon being profecuted for fuch offence within fix months after fuch offence done; that then every perfon fo offending, fhall forfeit for every fuch offence the fun of twenty pounds; (3) to be levied by way of diftrefs upon the The penalty. goods and chattels of every fuch offender, by warrant under the juftices hand before whom fuch conviction thall be made; (4) Raym. 458. the one moiety of the faid twenty pounds to be given to the informer, and the other moiety to the owner of the deer; (5) and for want of fufficient diftrefs, the offender fhall be committed to the house of correction for fix months, and there to be put to hard labour; or to the common gaol for one whole year, without bail or mainprife, at the difcretion of the juftices of the peace before whom fuch conviction fhall be (and not to be difcharged from thence till he or they have given fufficient fureties for their good behaviour for one whole year next enfuing after 3 & 4 W. & M. his or their enlargement :) (6) provided, That where any offen- c. 10. der shall be punished by force of this act, that he thall not be 5 Geo. 1. c. 15. profecuted, nor incur the penalty of any other law or ftatute for the fame offence. 19 H. 7. c. 11. 3 fac. 1. c. 13. 7 fac. 1. An alt for confirming of three acts therein mentioned. E it enacted by the King's most excellent majefty, by and this prefent parliament affembled, and by the authority of the fame, C 2 28. 10 Geo.2.c. 33. 9 Geo. 1. c. 22. |