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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 shall be and are hereby repealed.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 The following of this Kingdom chiefly depend, be it enacted, that from and shall be the articles of the after 25th Dec, 1749, the Articles and Orders herein-after folnavy.
lowing, as 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 be performed on board ship.
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 dilligently;
and that the Lord's Day be observed according to Law. Swearing, 2. All Flag Officers, and all Persons in or belonging to his cursing, uncleanness, and drunk- Majesty's Ships or Vessels of War, being guilty of Prophane
Oaths, Cursings, Execrations, Drunkenness, Uncleanness, or
Degree of their Offence shall deserve. Holding corre 3. If any Officer, Mariner, Soldier, or other Person of the spondence with
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 the Commissioners for executing the Office of Lord High Admiral, Commander in Chief, or his Commanding Officer, every such Person so offending, and be ing thereof convicted by the Sentence of a Court Martial, shall
be punished with Death. Concealing the 4. If any Letter or Message from any Enemy or Rebel be receipt of any seducing letter conveyed to any Officer, Mariner, or Soldier, or other in the or massage sent Fleet, and the said Officer, Mariner, Soldier, or other as aforefrom an enemy.
said, 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 therewith, 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 enemy. 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. All papers found ports, and other Writings whatsoever, that shall be taken, seized, aboard prize
ships shall be 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
miralty, &c. 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, or
usy out of any prise. 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 I'raud, upon pain that every Person offending herein shall forfeit and lose his Share of the Capture, and suffer such further Punishment as shall be im
posed by a Court-martial, or such Court of Admiralty, accord
ing to the nature and degree of the Offence. Stripping or ill.
9. If any Ship or Vessel shall be taken as Prize, none of the
If any Shir using persons taken on board Officers, Mariners, or other Persons on board her, shall be a prize.
stripped of their Cloaths, 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, paring for fight,
ng who, upon Signal or Order of Fight, or Sight of any Ship or the men in time Ships which it may be his duty to engage, or who, upon likeli
hood of Engagement, shall not make the necessary preparations
suffer Death. Disobeying the 11. Every person in the Fleet, who shall not duly observe the orders of the
Orders of the Admiral, Flag Officer, Commander of any Squa
dron or Division, or other his superior Officer, for assailing, of action, &c.
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. Cowardice, neg- 12. Every person in the Fleet, who through Cowardice, Negligence, or dis-, ligence, or Disaffection, shall in time of Action withdraw or affection in time of action. 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 his 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. Not pursuing 13. Every person in the Fleet, who through Cowardice, the enemy, and
assisting Negligence, or Disaffection, shall forbear to pursue the Chace of a friend in view. any Enemy, Pirate, or Rebel, beaten or flying, or shall not re
lieve 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 disperson in the Fleet shall presume to delay or discourage the said Action or Service, upon pretence of Arrears of Wages, or upon count of arrears
of wages, or other any pretence whatsoever, every person so offending, being con- prevence 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
enemy, or runsert 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- an
stores. 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 such Offence by the Sentence of the Court-martial, shall suffer Death.
16. Every person in or belonging to the Flect, who shall Deserting, or desert, or entice others so to do, shall suffer Death, or such others
enticing others Punishment as the circumstances of the Offence shall deserve, and a Court-martial shall judge fit; and if any Commanding or entertaining a
deserter, without Officer of any of his Majesty's Ships or Vessels of War shall giving notice to receive or entertain a Deserter from any other of his Majesty's the captain to
whose vessel he • 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 Not guarding and
defending ships and Guard of Merchant Ships, or of any other, shall diligently under conversa attend upon that Charge without delay, according to their
So to d
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 Court
martial. Taking goods on 18. If any Captain, Commander, or other Officer of any of his board, other than for the use of the Majesty's Ships or Vessels, shall receive on board, or permit to vessel, except be received on board such Ship or Vessel, any Goods or Mergold, silver, jewels, &c. chandizes 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 Purt, 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.] Making muti- 19. If any person in or belonging to the Fleet shall make or ennous assemblies,
deavour 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;
i and if any person in or belonging to the Fleet shall utter any ditious or mutinous words, Words of Sedition or Mutiny, he shall suffer Death, or such
other Punishment as a Court-martial shall deem him to deserve; ehaving con- and if any Officer, Mariner, or Soldier in cr belonging to the temptuously to Fleet, shall behave himself with contempt to his superior Officer, a superior officer.
such superior Officer being in the Execution of his Office, he