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shall be punished according to the nature of his Offence by the Judgment of a Court-martial.
20. If any person in the Fleet shall conceal any traiterous or Concealing any mutinous Practice or Design, being convicted thereof by the mutin
w traiterous or Sentence of a Court-martial, he shall suffer Death, or such tice or design, other Punishment as a Court martial shall think fit; and if any or words or de
signs tending to person in or belonging to the Fleet, shall conceal any traiterous the hinderance or mutinous Words spoken by any, to the prejudice of his of the service. Majesty or Government, or any Words, Practice, or Design, tending to the hinderance of the Service, and shall not forth with reveal the same to the Commanding Officer, or being present at any Mutiny or Sedition, shall not use his utmost endeavours to suppress the same, he shall be punished as a Court-martial shall think he deserves.
21. If any person in the Fleet shall find Cause of Complaint of Endeavouring to the Unwholesomeness of the Victual, or upon other just ground, curban he shall quietly make the same known to his Superior, or Cap- account of the
unwholesometain, or Commander in Chief, as the occasion may deserve, that ness of the such present remedy may be had as the matter may require; victual. and the said Superior, Captain, or Commander in Chief, shall, as far as he is able, cause the same to be presently remedied; and no person in the Fleet, upon any such or other pretence, shall attempt to stir up any Disturbance, upon pain of such Punishment as a Court-martial shall think fit to inflict, according to the degree of the Offence.
22. If any Officer, Mariner, Soldier, or other Person in the Striking, &c. a Fleet, shall strike any of his superior Officers, or draw, or offer superior to draw, or lift up any weapon against him, being in the execution of his office, on any pretence whatsoever, every such person, being convicted of any such Offence by the sentence of a Court-martial, shall suffer Death ; and if any Officer, Mariner, or quarrelling Soldier, or other Person in the Fleet, shall presume to quarrel;
c ing his lawful with any of his superior Officers, being in the execution of his commands, office, or shall disobey any lawful command of any of his superior Officers; every such person, being convicted of any such Offence by the sentence of a Court-martial, shall suffer Death, or such other Punishment as shall, according to the nature and degree of his Offence, be inflicted upon him by the sentence of a Courtmartial.
23. If any person in the Fleet shall quarrel or fight with any Quarrelling with other person in the Fleet, or use reproachful or provoking me Speeches or Gestures, tending to make any Quarrel or Distur- speech or gesbanice; he shall, upon being convicted thereof, suffer such
ne, or usine
Punishment as the Offence shall deserve, and a Court-martial
shall impose. Wasting or em- 24. There shall be no wasteful expence of any Powder, Shot, bezzling the
Ammunition, or other Stores in the Fleet, nor any Embezzlement thereof, but the Stores and Provisions shall be carefully preserved, upon pain of such Punishment to be inflicted upon the Offenders, Abettors, Buyers, and Receivers (being persons subject to Naval Discipline), as shall be by a Court-martial found
just in that behalf. Burning, &c. 25. Every person in the Fleet who shall unlawfully burn or set magazinc, &c. or vessel, &c.
Sc: fire to any Magazine or Store of Powder, or Ship, Boat, Ketch, not belonging to Hoy, or Vessel, or Tackle or Furniture thereunto belonging, an enemy.
not then appertaining to an Enemy, Pirate, or Rebel, being convicted of any such Offence by the Sentence of a Court-martial,
shall suffer Death. Neglect in the 26. Care shall be taken in the conducting and steering of any conducting and steering ships.
of his Majesty's Ships, that through Wilfulness, Negligence, or other Defaults, no Ship be stranded, or run upon any Rocks or Sands, or split or hazarded, upon pain, that such as shall be found guilty therein be punished by Death, or such other Punishment
as the Offence by a Court-martial shall be judged to deserve. Sleeping on 27. No person in or belonging to the Fleet shall sleep upon
his Watch, or negligently perform the Duty imposed on him, or saking his station. forsake his Station, upon pain of Death, or such other Punish
ment as a Court-martial shall think fit to impose, and as the
circumstances of the case shall require. Murder.
28. All murders committed by any person in the Fleet, shall
be punished with Death by the Sentence of a Court-martial. Buggery.
29. If any person in the Fleet shall commit the unnatural and detestable Sin of Buggery or Sodomy with man or beast, he shall
be punished with Death by the Sentence of a Court-martial. Robbery. 30. All Robbery committed by any person in the Fleet shall
be punished with Death, or otherwise, as a Court-martial, upon
consideration of circumstances, shall find meet. Making or sign- . 31. Every Officer or other Person in the
31. Every Officer or other Person in the Fleet, who shall ing false musters. knowingly make or sign a false Muster or Muster-book, or who
shall command, counsel, or procure the making or signing thereof, or who shall aid or abet any other Person in the making or signing thereof, shall, upon proof of any such Offence being made before a Court-martial, be cashiered, and rendered incapable of
further employment in his Majesty's Naval Service. Refusing to ap- 32. No Provost-martial belonging to the Fleet shall refuse to prehend crimi
a he shall be authorized by legal
Warrant to apprehend, or to receive or keep any Prisoner com- ting them to mitted to his Charge, or wilfully suffer him to escape, being once in his Custody, or dismiss him without lawful Order, upon pain of such Punishment as a Court-martial shall deem him to deserve; and all Captains, Officers, and others in the Fleet, shall do their endeavour to detect, apprehend, and bring to Punishment all Offenders, and shall assist the Officers appointed for that purpose therein, upon pain of being proceeded against and punished by a Court-martial, according to the nature and degree of the Offence. 3. If any Flag Officer, Captain, or Commander, or Lieu- Scandalous, op
dinginca pressive, or tenant, belonging to the Fleet, shall be convicted before a Court- en martial of behaving in a scandalous, infamous, cruel, oppressive, behaviour of
officers. or fraudulent manner, unbecoming the Character of an Officer, he shall be dismissed from his Majesty's Service. 34. Every person being in actual Service and full Pay, and Mutiny, deser.
tion, or disobedipart of the Crew in or belonging to any of his Majesty's Ships or ence, of pers Vessels of War, who shall be guilty of Mutiny, Desertion, or in actual service
and full pay, on Disobedience to any lawful Command, in any part of his Ma- shore. jesty's Dominions on Shore, when in actual Service relative to the Fleet, shall be liable to be tried by a Court-martial, and suffer the like Punishment for every such Offence as if the same had been committed at Sea on board any of his Majesty's Ships or Vessels of War. 35. If any person who shall be in actual Service and full Pay Persons in actual
Vor shall commit in service and full in his Majesty's Ships and Vessels of War, shall commit upon
pay, committing the Shore in any place or places out of his Majesty's Dominions on shore any of
the crimes any of the Crimes punishable by these Articles and Orders, the person so offending shall be liable to be tried and punished for these articles. the same in like manner, to all intents and purposes, as if the said Crimes had been committed at Sea, on board any of his Majesty's Ships or Vessels of War. 36. All other Crimes not Capital committed by any person or All other crimes
not capital, &c. persons in the Fleet, which are not mentioned in this Act, or for
to be punished which no Punishment is hereby directed to be inflicted, shall be according to the
custom of the punished according to the Laws and Customs in such cases used at Sea. Provided always, that no person convicted of any Offence No sentence of
imprisonment to shall, by the Sentence of any Court-martial to be held by virtue be for a longer of this Act, be adjudged to be imprisoned for a longer term term than two than the space of Two Years. 22 G. 2. c. 33. s. 3. Provided also, that nothing in this Act contained shall extend Court-martial
" not to try any or be construed to extend to empower any Court-martial, to be offences,
constituted by virtue of this Act, to proceed to the Punishment
or Trial of any of the Offences specified in the several Articles except those contained in this Act, or of any Offence whatsoever (other than specified in the
h the Offences specified in the Fifth, Thirty-fourth, and ThirtySth, 34th & 35th articles, which fifth of the foregoing Articles and Orders), which shall not be shall not be committed within
committed upon the main Sea, or in great Rivers only, beneath the jurisdiction the Bridges of the said Rivers nigh to the Sea, or in any Haven, of the Admiralty.
River, or Creek within the Jurisdiction of the Admiralty, and which shall not be committed by such persons as at the time of the Offence committed shall be in actual Service and full Pay in the Fleet or Ships of War of his Majesty, his Heirs or Successors, such persons only excepted and for such Offences only as are described in the Fifth of the foregoing Articles and
Orders. 22 G. 2. c. 33. s. 4. No land officer, Provided also, that nothing in this Act contained shall extend
rooms or be construed to extend to empower any Court-martial, to be board any transport ship, to be constituted by virtue of this Act, to proceed to the Punishment tried for any of
s or Trial of any Land Officer or Soldier on board any Transport by a naval court- Ship, for any of the Offences specified in the several Articles martial.
contained in this Act. s. 5. The Lords of the And it is hereby further enacted, that from and after the 25th
de December 1749, the Lord High Admiral of Great Britain, or powered to grant commissions to the Commissioners for executing the Office of Lord High Adthe commander
id- miral of Great Britain for the time being, shall have full power ing courts and authority to grant Commissions to any Officer commandmartial.
ing in Chief any Fleet or Squadron of Ships of War, to call
and assemble Courts-martial, consisting of Commanders and The commander Captains; and that in case any Officer commanding in Chief in chief dying, and
or re- any Fleet or Squadron of Ships of War (who shall be authomoved, the next rized by the Lord, High Admiral, or the Commissioners for in command empowered to hold executing the Office of Lord High Admiral for the time being,
to call and assemble Courts-martial in Foreign Parts) shall happen to die, or be recalled, or removed from his Command, then the Officer upon whom the Command of the said Fleet or Squadron shall devolve, and so from time to time the Officer who shall have the Command of the said Fleet or Squadron, shall have the same power to call and assemble Courts-martial, as the first Commander in Chief of the said Fleet or Squadron was invested
with. s. 6. The officer next Provided always, and it is hereby enacted and declared, that
no Commander in Chief of any Fleet or Squadron of his Mathe commander in chief, where jesty's Ships, or Detachment thereof, consisting of more than there are more
S Five Ships, shall preside at any Court-martial in Foreign Parts,
in command to
but that the Officer next in Command to such Officer com- to preside at
courts-martial manding in Chief, shall hold such Court-martial, and preside held is thereat; any Law, Custom, or Usage to the contrary notwith · parts. standing. 22 G. 2. c. 33. s. 7. From and after 25 December 1749, in case any Commander Commanders in
ine or chief to empower in Chief of any Fleet or Squadron of his Majesty's Ships or if Vessels of War in Foreign Parts, shall detach any part of of a squadron
ordered on sepasuch Fleet or Squadron, every Commander in Chief shall, and be is hereby authorized and required, by Writing under his hold courts. Hand, to empower the Chief Commander of the Squadron or Detachment so ordered on such separate Service (and in case of his Death or Removal, the Officer to whom the Command of such separate Squadron or Detachment shall belong), to hold Courts-martial, during the time of such separate Service, or until the Commander of the said Detachment for the time being shall return to his Commander in Chief, or shall come under the Command of any other his superior Officer, or return to Great Britain or Ireland. s. 8.
Provided always, that if any Five or more of his Majesty's if five or more Ships or Vessels of War shall happen to meet together in ships shall meet
in foreign parts, Foreign Parts, then and in such case it shall be lawsul for the the senior senior Officer of the said Ships or Vessels to hold Courts. to hold courts
15 martial, and premartial, and preside thereat from time to time as there shall side thereat. be occasion, during so long time as the said Ships or Vessels of War, or any Five or more of them, shall continue together. s. 9. Provided nevertheless, that where any material Objection where it shall
. be improper for occurs, which may render it improper for the person who is i
the person next next in Command to the senior Officer or Commander in Chief in command to
the senior officer of any Fleet or Squadron of his Majesty's Ships of War in to hold courts Foreign Parts to hold Courts-martial, or preside thereat, in such martial in foreign
parts, the third case it shall be lawful for the Lord High Admiral, or Commis- officer in comsioners for executing the Office of Lord High Admiral for the mand to preside. time being, as also the Commander in Chief of any such Fleet or Squadron of his Majesty's Ships in Foreign Parts respect. ively, to appoint the Third Officer in Command to preside at or hold such Court-martial. s. 10. From and after 25 December 1749, it shall be lawful for the The Lords of the
misiono fa. Admiralty emLord High Admiral of Great Britain, or the Commissioners for Dive executing the Office of Lord High Admiral for the time being, point officers in
the ports of and they are hereby respectively authorized from time to time, Gre as there shall be occasion, to direct any Flag Officer or Captain Ireland, to hold of any of his Majesty's Ships of War who shall be in any Port