shall be punished according to the nature of his Offence by the Judgment of a Court-martial. traiterous or mutinous prac 20. If any person in the Fleet shall conceal any traiterous or Concealing any mutinous Practice or Design, being convicted thereof by the 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 or words or deany 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 forthwith 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. turbance on account of the stir up any dis unwholesomeness of the victual. 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, he shall quietly make the same known to his Superior, or Captain, or Commander in Chief, as the occasion may deserve, that such present remedy may be had as the matter may require; 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. ing his lawful 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 officer, 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 with, or disobeyany 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. with reproachful 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 any one, or using Speeches or Gestures, tending to make any Quarrel or Distur- speech or resbance; he shall, upon being convicted thereof, suffer such tures. Wasting or embezzling the stores. Burning, &c. magazine, &c. or vessel, &c. Punishment as the Offence shall deserve, and a Court-martial shall impose. 24. There shall be no wasteful expence of any Powder, Shot, 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. 25. Every person in the Fleet who shall unlawfully burn or set fire to any Magazine or Store of Powder, or Ship, Boat, Ketch, not belonging to Hoy, or Vessel, or Tackle or Furniture thereunto belonging, 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. an enemy. Neglect in the steering ships. 26. Care shall be taken in the conducting and steering of any conducting and 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. 27. No person in or belonging to the Fleet shall sleep upon watch, and for- his Watch, or negligently perform the Duty imposed on him, or forsake his Station, upon pain of Death, or such other Punishment as a Court-martial shall think fit to impose, and as the circumstances of the case shall require. Sleeping on saking his station. Murder. Buggery. Robbery. 28. All murders committed by any person in the Fleet, shall be punished with Death by the Sentence of a Court-martial. 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. 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. 31. Every Officer or other Person in the Fleet, who shall Making or signing 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 apprehend crimi 32. No Provost-martial belonging to the Fleet shall refuse to nalk, or permit apprehend any Criminal, whom he shall be authorized by legal escape. Warrant to apprehend, or to receive or keep any Prisoner com- ting them to officers. tion, or disobedi 3. If any Flag Officer, Captain, or Commander, or Lieu- Scandalous, oppressive, or tenant, belonging to the Fleet, shall be convicted before a Court- fraudulent, &c. martial of behaving in a scandalous, infamous, cruel, oppressive, behaviour of 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 part of the Crew in or belonging to any of his Majesty's Ships or Vessels of War, who shall be guilty of Mutiny, Desertion, or Disobedience to any lawful Command, in any part of his Majesty'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 in his Majesty's Ships and Vessels of War, shall commit upon the Shore in any place or places out of his Majesty's Dominions any of the Crimes punishable by these Articles and Orders, the person so offending shall be liable to be tried and punished for 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 persons in the Fleet, which are not mentioned in this Act, or for which no Punishment is hereby directed to be inflicted, shall be punished according to the Laws and Customs in such Cases used at Sea. Mutiny, deserence, of persons in actual service shore. and full pay, on Persons in actual pay, committing on shore any of punishable by these articles. service and full the crimes All other crimes not capital, &c. to be punished according to the custom of the navy. imprisonment to term than two Provided always, that no person convicted of any Offence No sentence of 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 than the space of Two Years. 22 G. 2. c. 33. s. 3. Provided also, that nothing in this Act contained shall extend or be construed to extend to empower any Court-martial, to be years. not to try any Court-martial offences, except those specified in the articles, which shall not be committed within the jurisdiction of the Admiralty. constituted by virtue of this Act, to proceed to the Punishment or Trial of any of the Offences specified in the several Articles contained in this Act, or of any Offence whatsoever (other than 5th, 34th & 35th the Offences specified in the Fifth, Thirty-fourth, and Thirtyfifth of the foregoing Articles and Orders), which shall not be committed upon the main Sea, or in great Rivers only, beneath the Bridges of the said Rivers nigh to the Sea, or in any Haven, 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, or soldier, on board any transport ship, to be tried for any of the said offences by a naval court martial. The Lords of the Admiralty empowered to grant commissions to the commander ing courts martial. The commander in chief dying, recalled, or re Provided also, that nothing in this Act contained shall extend or be construed to extend to empower any Court-martial, to be constituted by virtue of this Act, to proceed to the Punishment or Trial of any Land Officer or Soldier on board any Transport Ship, for any of the Offences specified in the several Articles contained in this Act. s. 5. And it is hereby further enacted, that from and after the 25th December 1749, the Lord High Admiral of Great Britain, or the Commissioners for executing the Office of Lord High Adin chief for hold- miral of Great Britain for the time being, shall have full power and authority to grant Commissions to any Officer commanding in Chief any Fleet or Squadron of Ships of War, to call and assemble Courts-martial, consisting of Commanders and Captains; and that in case any Officer commanding in Chief any Fleet or Squadron of Ships of War (who shall be authorized by the Lord. High Admiral, or the Commissioners for 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. moved, the next in command em powered to hold courts-martial. The officer next in command to the commander Provided always, and it is hereby enacted and declared, that no Commander in Chief of any Fleet or Squadron of his Main chief, where jesty's Ships, or Detachment thereof, consisting of more than Five Ships, shall preside at any Court-martial in Foreign Parts, there are more than five ships, courts-martial but that the Officer next in Command to such Officer com- to preside at manding in Chief, shall hold such Court-martial, and preside held in foreign thereat; any Law, Custom, or Usage to the contrary notwith parts. standing. 22 G. 2. c. 33. s. 7. chief to empower the commanders ordered on separate service, to his hold courts. martial. From and after 25 December 1749, in case any Commander Commanders in in Chief of any Fleet or Squadron of his Majesty's Ships or Vessels of War in Foreign Parts, shall detach any part of of a squadron such Fleet or Squadron, every Commander in Chief shall, and he is hereby authorized and required, by Writing under 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. in foreign parts, 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 Foreign Parts, then and in such case it shall be lawful for the the senior officer senior Officer of the said Ships or Vessels to hold Courts to hold courtsmartial, 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. parts, the third Provided nevertheless, that where any material Objection Where it shall occurs, which may render it improper for the person who is the person next be improper for 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 courtsForeign Parts to hold Courts-martial, or preside thereat, in such martial in foreign 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 respectively, to appoint the Third Officer in Command to preside at or hold such Court-martial. s. 10. powered to ap From and after 25 December 1749, it shall be lawful for the The Lords of the Lord High Admiral of Great Britain, or the Commissioners for Admiralty emexecuting 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, Great Britain or as there shall be occasion, to direct any Flag Officer or Captain of any of his Majesty's Ships of War who shall be in any Port Ireland, to hold courts-martial. |