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The following shall be the articles of the navy.

Public worship to be performed on board ship.

Swearing, cursing, uncleanness, and drunkenness.

Holding correspondence with enemies.

Concealing the receipt of any seducing letter or message sent from an enemy.

Punishment to be inflicted by a Court Martial upon any Captain, &c. of any Ship of War, receiving, &c. on board any Goods, &c. in order to trade with the same (except the Goods, &c. excepted therein), and the Statutes 18 G. 2. c. 35. and 21 G. 2. c. 11. shall be and are hereby repealed.

And for the regulating and better Government of his Majesty's Navies, Ships of War, and Forces by Sea, whereon, under the good Providence of God, the Wealth, Safety, and Strength of this Kingdom chiefly depend, be it enacted, that from and after 25th Dec 1749, the Articles and Orders herein-after following, a* well in Time of Peace as in Time of War, shall be duly observed and put in Execution, in manner herein-after mentioned. 22 G. 2. c. 33. s. 2.

1. All Commanders, Captains, and Officers, in or belonging to any of his Majesty's Ships or Vessels of War, shall cause the public 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 shall take care that Prayers and Preaching, by the Chaplains in Holy Orders of the respective Ships, be performed dilligendy; and that the Lord's Day be observed according to Law.

2. All Flag Officers, and all Persons in or belonging to his Majesty's Ships or Vessels of War, being guilty of Prophane Oaths, Cursings, Execrations, Drunkenness, Uncleanness, or other Scandalous Actions, in Derogation of God's Honour, and Corruption of good Manners, shall incur such Punishment as a Court Martial shall think fit to impose, and as the Nature and Degree of their Offence shall deserve.

S. If any Officer, Mariner, Soldier, or other Person of the Fleet, shall give, hold, or entertain Intelligence to or with any Enemy or Rebel, without Leave from the King's Majesty, or the Lord High Admiral, or die Commissioners for executing the Office of Lord High Admiral, Commander in Chief, or his Commanding Officer, every such Person so offending, and being thereof convicted by the Sentence of a Court Martial, shall be punished with Death.

4>. If any Letter or Message from any Enemy or Rebel be conveyed to any Officer, Mariner, or Soldier, or other in the Fleet, and the said Officer, Mariner, Soldier, or other as aforesaid, shall not within Twelve Hours, having Opportunity so to do, acquaint his superior Officer, or the Officer commanding in Chief, with it; or if any superior Officer being acquainted there-" with, shall not in convenient Time reveal the same to the Commander in Chief of the Squadron; every such Person so offend

ing, and being convicted thereof by the Sentence of the Courtmartial, shall be punished with Death, or such other Punishment as the nature and degree of the Offence shall deserve, and the Court-martial shall impose.

5. All Spies, and all Persons whatsoever who shall come, or Spies. be found, in the nature of Spies, to bring or deliver any seducing Letters or Messages from any Enemy or Rebel, or endeavour to corrupt any Captain, Officer, Mariner, or other

in the Fleet, to betray his Trust, being convicted of any such Offence by the Sentence of the Court-martial, shall be punished with Death, or such other Punishment as the nature and degree of the Offence shall deserve, and the Court-martial shall impose.

6. No Person in the Fleet shall relieve an Enemy or Rebel Relieving an with Money, Victuals, Powder, Shot, Arms, Ammunition, or €nemJ'• any other Supplies whatsoever, directly or indirectly, upon pain

of Death, or such other Punishment as the Court-martial shall think fit to impose, and as the nature and degree of the Crime shall deserve.

7. All the Papers, Charter Parties, Bills of Lading, Pass- Au papert foua<j ports, and other Writings whatsoever, that shall be taken, seized, ^MrdhPTM'

or found aboard any Ship or Ships which shall be surprized or sent to the

taken as Prize, shall be duly preserved, and the very Originals Jj^JJJj of^d"

shall, by the Commanding Officer of the Ship which shall take

such Prize, be sent entirely, and without Fraud, to the Court of

Admiralty or such other Court or Commissioners as shall be

authorized to determine whether such Prize be lawful Capture,

there to be viewed, made use of, and proceeded upon according

to Law; upon pain that every Person offending herein shall

forfeit and lose his Share of the Capture, and shall suffer such

further Punishment as the nature and degree of his Offence shall

be found to deserve, and the Court-martial shall impose.

8. No person in or belonging to the Fleet shall take out of any Taking money Prize, or Ship seized for Prize, any Money, Plate, or Goods, ^SSjJSL unless it shall be necessary for the better securing thereof, or for the necessary use and service of any of his Majesty's Ships or Vessels of War, before the same be adjudged lawful" Prize in some Admiralty Court; but the full and entire Account of the whole, without Embezzlement, shall be brought in, and Judgement passed entirely upon the whole, without Fraud, upon pain that every Person offending herein shall forfeit and lose his Share of tne Capture, and suffer such further Punishment as shall be im

s s

Stripping or illusing persons taken on board a prize.

Officers not preparing for fight, and encouraging the men in time of action.

Disobeying the orders of the commanding officer in time of action, &c.

Cowardice, negligence, or disaffection in time of action.

Not pursuing
the enemy, and
of not assisting
a friend in view.

posed by a Court-martial, or such Court of Admiralty, according to the nature and degree of the Offence.

9. If any Ship or Vessel shall be taken as Prize, none of the Officers, Mariners, or other Persons on board her, shall be stripped of their Cloatbs, or in any sort pillaged, beaten, or evil-intreated, upon pain that the person or persons so offending, shall be liable to such Punishment as a Court-martial shall think fit to inflict.

10. Every Flag Officer, Captain, and Commander in the Fleet, who, upon Signal or Order of Fight, or Sight of any Ship or Ships which it may be his duty to engage, or who, upon likelihood of Engagement, shall not make the necessary preparations for Fight, and shall not in his own person, and according to his place, encourage the inferior Officers and Men to fight courageously, shall suffer Death, or such other Punishment as from the nature and degree of the Offence a Court-martial shall deem him to deserve; and if any person in the Fleet shall treacherously or cowardly yield or cry for Quarter, every person so offending, and being convicted thereof by the Sentence of a Court-martial, shall suffer Death.

11. Every person in the Fleet, who shall not duly observe the Orders of the Admiral, Flag Officer, Commander of any Squadron or Division, or other his superior Officer, for assailing, joining Battle with, or making Defence against any Fleet, Squadron, or Ship, or shall not obey the Orders of his superior Officer as aforesaid in time of Action to the best of his power, or shall not use all possible endeavours to put the same effectually in execution, every such person so offending, and being convicted thereof by the Sentence of the Court-martial, shall suffer Death, or such other Punishment as from the nature and degree of the Offence a Court-martial shall deem him to deserve.

12. Every person in the Fleet, who through Cowardice, Negligence, or Disaffection, shall in time of Action withdraw or keep back, or not come into the Fight or Engagement, or shall not do his utmost to take or destroy every Ship which it shall be his duty to engage, and to assist and relieve all and every of liis Majesty's Ships, or those of his Allies, which it shall be his duty to assist and relieve, every such person so offending, and being convicted thereof by the Sentence of a Court-martial, shall suffer Death.

13. Every person in the Fleet, who through Cowardice, Negligence, or Disaffection, shall forbear to pursue the Chace of any Enemy, Pirate, or Rebel, beaten or flying, or shall not relieve and assist a known Friend in View to the utmost of his power, being convicted of any such Offence by the Sentence of a Court-martial, shall suffer Death.

By s. 3. of 19 G. 3. c. 17. reciting the last two Articles (12 and 13), and that " the restraining of the Power of the Court-martial to the inflicting of the punishment of Death in the several cases recited in the said clauses may be attended with great Hardship and Inconvenience," enacts, that from and after the passing of this Act it shall and may be lawful, in the several cases recited in the said clauses, for the Court-martial to pronounce Sentence of Death, or to inflict such other Punishment as the nature and degree of the Offence shall be found to deserve.

14. If when Action, or any Service shall be commanded, any Delaying or duperson in the Fleet shall presume to delay or discourage the said ^,"1" "on a'Action or Service, upon pretence of Arrears of Wages, or upon count of arrears any pretence whatsoever, every person so offending, being con- pretence.01"""' victed thereof by the Sentence of the Court-martial, shall suffer

Death, or such other Punishment as from the nature and degree of the Offence a Court-martial shall deem him to deserve.

15. Every person in or belonging to the Fleet who shall de- Deserting to the

» r ° ° . enemy, or run

sert to the Enemy, Pirate, or Rebel, or run away with any of ning away with

his Majesty's Ships or Vessels of War, or any Ordnance, Am- 5tn0^h'p'" munition, Stores, or Provision belonging thereto, to the weakening of the Service, or yield up the same cowardly or treacherously to the Enemy, Pirate, or Rebel, being convicted of any sach Offence by the Sentence of the Court-martial, shall suffer Death.

16. Every person in or belonging to the Fleet, who shall Deserting, or desert, or entice others so to do, shall suffer Death, or such other nt%fo. eTM Punishment as the circumstances of the Offence shall deserve,

and a Court-martial shall judge fit; and if any Commanding °r entertaining *

i It i frir ri deserter, without

Officer of any of his Majesty's Ships or Vessels ot War shall giving notice to receive or entertain a Deserter from any other of his Majesty's XsTvetSenm Ships or Vessels, after discovering him to be such Deserter, and belongs. shall not with all convenient speed give Notice to the Captain of the Ship or Vessel to which such Deserter belongs; or if the said Ships or Vessels are at any considerable distance from each other, to the Secretary of the Admiralty, or to the Commander in Chief; every person so offending, and being convicted thereof by the Sentence of the Court-martial, shall be cashiered.

17. The Officers and Seamen of all Ships appointed for Convoy J^jjjj^1 and Guard of Merchant Ships, or of any other, shall diligently under convoy. attend upon that Charge without delay, according to their

Taking goods on board, other than for the use of the resscl, except gold, silver, jewels, &c.

Making mutinous assemblies,

or uttering seditious or mutinous words,

or behaving contemptuously to a superior officer.

Instructions in that behalf; and whosoever shall be faulty therein, and shall not faithfully perform their duty 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 assailed, or running away cowardly and submitting the Ships in their Convoy to peril or hazard; or shall demand or exact any Money or other Reward from any Merchant or Master for convoying of any Ships or Vessels intrusted to their care, or shall misuse the Masters or Mariners thereof, shall be condemned to make Reparation of the Damage to the Merchants, Owners, and others, as the Court of 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 adjudged fit by the Courtmartial.

18. If any Captain, Commander, or other Officer of any of his Majesty's Ships or Vessels, shall receive on board, or permit to be received on board such Shi]) or Vessel, any Goods or Merchandizes whatsoever, other than for the sole use of the Ship or Vessel, except Gold, Silver, or Jewels and except the Goods and Merchandizes belonging to any Merchant or other Ship or Vessel which may be shipwrecked or in imminent danger of being shipwrecked, either on the High Seas, or in any Port, Creek, or Harbour, in order to the preserving them for their proper Owners, and except such Goods or Merchandizes as he shall at any time be ordered to take or receive on board by Order of the Lord High Admiral of Great Britain, or the Commissioners for executing the Office of Lord High Admiral for the time being; every person so offending, being convicted thereof by the Sentence of the Court-martial, shall be cashiered, and be for ever afterwards rendered incapable to serve in any Place or Office in the Naval Service of his Majesty, his Heirs and Successors. [See further on this subject post, s. 24.]

19. If any person in or belonging to the Fleet shall make or endeavour to make any mutinous Assembly upon any pretence whatsoever, every person offending herein, and being convicted thereof by the Sentence of the Court-martial, shall suffer Death; and if any person in or belonging to the Fleet shall utter any Words of Sedition or Mutiny, he shall suffer Death, or such other Punishment as a Court-martial shall deem him to deserve; and if any Officer, Mariner, or Soldier in or belonging to the Fleet, shall behave himself with contempt to his superior Officer, such superior Officer being in the Execution of his Office, he

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