1
!
VB
590
· A 3
1742
ARTES
1817
LIBRARY
VERITAS
SCIENTIA
OF THE
UNIVERSITY OF MICHIGAN
:
TUEBOR
1
· QUÆRIS-PENINSULAM-AMŒNAM
CIRCUMSPICE
A
COLLECTION
OF ALL SUCH
STATUTES
AND
Parts of STATUTE S,
As any way relate to the
ADMIRALTY, NAVY, and SHIPS
of W A R, and other Incidental MATTERS;
IN WHICH THE
Officers or other Perfons belonging to the faid
Offices, or employed in his Majefty's Sea-Ser-
vice, may be concerned :
Down to the 14th Year of King George the Second, inclufive,
TO WHICH IS AD DE D,
A TABLE, by way of Abſtract, of all the faid STATUTES,
digefted into Alphabetical Order.
LONDON:
Printed in the Year MDCCXLII.
Refers
Stacks
1
S
Hasper
8-21-45
52960
B
THE
CONTENTS.
Page.
Anno.
3
Edw. I
C. 4
I
4
St. 2
S. 2. Part
2
17
Edw. II St. I
C. II
3
27
Edw. III St. 2
C. 13
ib.
ANNGON
Ri. II St. I
C. 4
5
St. I
C. 5
7
C. 3
Hen. IV
G. II
Hen. V St. I
C. 6
8
10
I I
C. 7
18
15
Hen. VI
C. 3
20
18
€. 8
22
18
C. 19
24
20
C. I
25
31
C. 4
29
14
Edw. IV
C. 4
3 I
27
Hen. VIII
C. 4
32
28
G. 15
36:
2 & 3
Edw. VI
C. 6
41
2&3
5
1900
Ph. &M.
Eliz.
C. 16 S. 1, 3, 8:
43
€.
5 S. 27, 41, 43, 57
46
C. 5
48
31
C. 4
49
C. 8
51
35
39
C. 17
53
43
C.
3
S.
1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 19,20
58
The CONTENT S.
Anno.
'',
12
12
Car. II
C. 18 S. 1, 18, 19
C. 32
13 St. I
C. ୨
13 & 14
C. 11 S. 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 15, 16, 17, 18,
Page.
69'
73
82
96
19, 20, 21, 22, 32
22
G. 5
117
120
22 & 23
C. II
22 & 23
C. 26 S. 10, 11, 12, 13, 14, 15
126
29
C. 3
I
Gul. & M.
C.
32
2
Seff. II
C.
~ w
S. 23
132
3
5
6&7
7 & 8
7 & 8
7 & 8
Gul. III
4
C. 1.1
C. 21 S. 6
C. 11 S. 1, 2
có có có có có
4, 6, 14
133
I, 2, 3, 4
135
S.
137
ib.
138
C. 19 S. 6,7
140
C. 21 S. 10
143
S.
C. 22 I, 2, 3, 6, 7, 8, 9, 10, 11,
144
13, 17, 18, 19, 20, 21
157
7
& 8
C. 28 S. 5, 13, 14
9 & 10
C. 25 S. 44
159
୨
& 10
C. 28 Part of Recital and S. I
160
161
9
& 10
C. 40 S. 2, 8, 9
9 & 10
C. 41
163
171
୨
& 10
C. 43 5.4
10 & II
C. 10 S. 1, 2, 3, 4, 7, 10, 12, 13,
14, 16, 17, 18,19
173
184
10 & II
C. 25
11 & 12
C.
7 S. 1, 2, 3, 4, 5, 6, 7, 8,
9,
I
Ann. St. I
C. 16
I
St. 2
C.
9
S. 4, 5
2 & 3
10, 11, 13, 14, 15, 16
S. 1,2,4,5,6,7,8,9,14,15,17,19 213
196
209
212
4
C. 7
223
4
C. 16 S. 17, 18, 19, 26
225
4
C. 19
19 S. 10, .16, 17, 18
227
6
C. 22 S., 12, 13
232
6
C. 31 S. 2
234
}
Anno.
The CONTENT S.
}
Page.
Ann.
C. 21 S. 46, 51, 52, 54
235
୨
C. 26 S. 1
240
9
/
10
12
12
I
4
C. 17 S. 1,2, 3, 4, 5, 6, 7, 20, 21, 22
243
St. 2
G. 15
253
St. 2
C. 18 S. 1, 2, 3, 4, 5, 6, 10.
258
Geo. I St. 2
C. 25
266
C. 11 S. 7, 8, 9
281
4
+506
C. 12
282
C. 11 S. 2, 3, 4, 8, 9, 14, 27
284
C. 19 S. 4
291.
C. 21 S. 29, 30, 31, 32, 34, 35, 3
36,
37, 38, 44, 62, 63, 64, 65,
293
66
8
8
9
II
∞ ∞
C. 18 S. 1, 2, 3, 4, 23.
305
C. 24 S. 1, 2, 3, 4, 5, 8, 9, 10
310
C. 8 S. 3, 4, 5
317
C. 29
S. 5,6,7
320
12
C. 28 S. 14, 15
323
I
Geo. II St. 2
C.
9
S. 6, 7
325
I
St.. 2
C. 14
329
2
C. 7
341
2
5
5
baGGG D W N N N
C. 21
3.58
C.
23
S: 28
360
C. 36
C. 36 S. 7
G. 18
C. 18 S. 6
361
370
371
374
C. 20
20 S. 15
375
C. 21 S. 1, 2, 3, 4, 5, 7
376
C.
25
S..18
381
୨
1
C. 35
S.
1,4, 5, 22, 23, 24, 25,27,
383
28, 29, 34, 37°
12
6,79
C.
3
13
C. 4
13
C. 17
13
C. 21 S. 5, 6, 7, 8, 9, 11, 12, 14,
15, 18, 19, 20, 21, 23, 24,
26, 28, 34
396
413
416
437
The CONTENT S.
Anno.
C. 27
Y
13
Geo. II
C. 24
13
13
14
14
S..3
C, 28 S. 5.
C. 38 S. 1, 2, 3
C: 39
2.
下
​!
{
*
T
*
t
1
Page.
439
440
448
449
453
Anno
いのり​の
​Anno 3° Edwardi I. Cap. 4.
What ſhall be adjudged Wreck of the Sea,
C
金
​and what not.
ONCERNING Wrecks of the Sea,
it is agreed, that where a Man, a Dog, or
a Cat eſcape quick out of the Ship, that
fuch Ship nor Barge, nor any Thing
within them, ſhall be adjudged Wreck:
(2) But the Goods ſhall be ſaved and kept by view of
the Sheriff, Coroner, or the King's Bailiff, and de-
livered into the Hands of fuch as are of the Town,
where the Goods were found: (3) So that if any fue
for thoſe Goods, and after prove that they were his,
or periſhed in his keeping, within a Year and a Day, 27 Ed. III.
they ſhall be reſtored to him without delay; and if St.2. C.13.
not, they ſhall remain to the King, and be ſeized by
the Sheriffs, Coroners, and Bailiffs; and ſhall be de-
livered to them of the Town, which fhall anfwer be-
fore the Juftices of the Wreck belonging to the King. C. 11.
(4) And
B
17 Ed. 3.
[ 2 ].
(4) And where Wreck belongeth to another than to
the King, he ſhall have it in like Manner. (5) And
he that otherwiſe doth, and thereof be attainted, fhall
be awarded to Prifon, and make Fine at the King's
Will, and ſhall yeild Damages alfo. (6) And if a
Bailiff do it, and it be difallowed by the Lord,, and
the Lord will not pretend any Title thereunto, the
Bailiff fhall anſwer, if he have whereof; and if he
12. Ann. have not whereof, the Lord fhall deliver his Bailiff's.
St.2. C.18. Body to the King.
to
Anno 4th Edwardi I. Stat. 2..
De Officio Coronatoris.
Wreck of S. 2. (14) CONCERNING Wreck of the Seas
the Sea.
12 Ann.
St. 2.
C. 18.
wherefoever it be found, if any lay
any_lay
Hands on it, he ſhall be attached by fufficient Pledges,
and the Price of the Wreck fhall be valued and, de-
livered to the Towns.
Prerogativa
[ 3 ]
Prerogativa Regis, Anno 17° Edw. II.
Stat. 1. Cap. II.
His Prerogative in having the Wreck of
the Sea, Whales, and Sturgeons.
A
LSO the King ſhall have Wreck of the Sea,
throughout the Realm, Whales and great
Sturgeons taken in the Sea or elſewhere within the
Realm, except in certain Places privileged by the
King.
Anno 27° Edw. III. Stat. 2. Cap. 13.
A Remedy where a Merchant's Goods be
robbed or perished on the Sea.
Item, W Privy or Stranger, be robbed of his
E will and grant, that if any Merchant,
Goods upon the Sea, and the Goods fo robbed come
into any Parts within our Realm and Lands, and he
will fue for to recover the ſaid Goods; he fhall be
received to prove the faid Goods to be his own by his
Marks, or by his Chart or Cocket, or by good and
lawful Merchants, Privy or Strangers; (2) and by fuch
Proofs the fame Goods fhall be delivered to the Mer-
B 2
chants,
[ 4 ]
3 Ed. I.
C. 4.
chants, without making other Suit at the Common
Law. (3) And in cafe that any Ships going out of the
faid Realm and Lands, or coming to the fame, by
Tempeſt or other Misfortune break upon the Sea-
Banks, and the Goods come to the Land, which
may not be faid Wreck, they ſhall be preſently, with
out Fraud or evil Device, delivered to the Merchants to
whom the Goods be, or to their Servants, by fuch
Proof as before is faid, paying to them that have fav-
ed and kept the fame, convenient for their Travel ;
that is to fay, by the Diſcretion of the Sheriffs and
Bailiffs, or other our Minifters in Places guildable,
where other Lords have no Franchife, and by the Ad-
vice and Affent of four or fix of the beft or moft fuf-
ficient diſcreet Men of the Country; (4) and if that
be within the Franchiſe of other Lords, then fhall it be:
done by the Stewards and Bailiff, or Wardens of the
fame Franchiſes, and by the Advice of four or fix.
diſcreet Men of the Country, as afore is faid, without
any Delay.
Anno
1
[ 5 ]
Anno 2do Rich. II. Stat. 1. Cap. 4.
The Penalty of Mariners retained to ferve
the King on the Sea, which do depart
without Licence.
Item, WHEREAS Item,
divers
ners after that they be ta-
ken and retained for the
Service of the King upon
the Sea in defence of the
Realm, and thereupon have
received their Wages to
them belonging, do depart
out of the Said Service
without Leave of the Ad-
mirals, or of their Lieu-
tenants, to the great Da-
mage of the King our Lord,
and of the Realm, and De-
lay of his faid Voyages: It is
ordained and eſtabliſhed,
that all fuch Mariners,
who ſhall hereafter fo do,
and that found and truly
proved before the Admi-
ral, or his Lieutenant, be
obliged to restore to our
Po
UR ceo qe
plufours Ma-
riners apres ceo qils font
areftuz & retenuz pur Ser-
vice du Roi fur la Meer
en defence de Roialme
& ent ont refceux lours ga-
ges appurtenantz fenfuent
hors du dit fervice fanz
conge des Admiralx, our
de leur Lieutenantz, a
grant damage du Roi
noftre Seignour,& du Roi-
alme, & arreriffement de
fes viages avauntditz. Or
dene eft & eftabli qe touz
ceux Mariners queux de-
fore ferront en tielle ma-
nere & cela trovex &
provex veritablement de-
vant le Admiral, ou for
Lieutenant, foient tenuz
de restorer a noftre Seig
nour
[ 6 ]
Lord the King, the dou-
ble of what they fhall have
taken for their Wages, and
nevertheleſs be imprifoned
for a Year without being
delivered from thence by
Mainprize, Bail, or by
any other Way. And the
King Wills and Commands
all Sheriffs, Mayors and
Bailiffs within Franchifes
and without, That upon
the Certificate of the faid
Admirals, or their Lieu-
tenants, by their Letters
thereupon to be made tef-
tifying the ſaid Proof, they
forthwith, without expect-
ing any other Command
of the King our Lord,
caufe to be taken, and
attached all ſuch fugitive
Mariners by their Bodies
within their Bailiwicks
within Franchiſes and
without, and put them in
Priſon, there to remain
in good and fafe Cuftody,
until they ſhall have made
Satisfaction to the King as
afore is ſaid, and thereupon
nour le Roi, le double de
ce qils averont pris pur
lour gages, & nieutmains
eient la prifone dun an fanx
ent eftre deliverez par
Mainprife, Baille, ou par
autre voie. Et le Roi
voet & commande a touz
Vifcontz, Mairs & Bai-
liffs deinz Franchiſes, &
dehors qe a la Certifica-
cion des ditz Admiralx, ou
lour Lieutenantz, par lours
Lettres ent affairs tefmoig-
nantes la dite proove facent
tantoft fanx attendre autre
mandement de Roi noftre
Seignour prendre & atta-
cher toux ceux Mariners
futifs par lour Gorps
deing lour Baillies deinx
Franchifes & dehors, & les
mettre en prifone illocqes
a demurer en bon & feure
garde, tange ils averont
fait gree au Roi come
defus eft dit, & ent eient
Special mandement du Roi
noftre Seignour de lour de-
liverance. Et autiel pu-
niſement foit fait des Ser-
geantz
A
]
[
my]
7 }
have a fpecial Command
of the King our Lord for
their Deliverance. And
that the fame Puniſhment
be inflicted on Serjeants
of Arms, Maſters of Ships,
and all others who fhall
be attainted by Inquiry
before the Admiral, or
his Lieutenant aforefaid
of having taken any thing
of the faid Mariners for
fuffering them to go at
large out of the Service
aforefaid, after they have
been taken for the faid.
Service.
geantz dArmes, Maifres
des Niefs, & toux autres
qe ferront atteintz par
enquerre devant l'Admiral
ou fon Lieutenant avant-
dit, qils eient rienz pris
des ditz Mariners pur lour
foefrer aler a large hors
del Service avantdit apres
ceo qils eient efte areftuz
pur mefme le Service.
Anno 13° Rich. II. Stat. 1. Cap. 5.
What Things the Admiral, and his Deputy,
Shall meddle..
Item, FORAS MUCH as a great and common Enforced by
Clamour and Complaint hath been oftentimes 2 Hen. IV.
made before this Time, and yet is, for that the Admi- C. 11.
rals and their Deputies hold their Seffions within di-
vers Places of this Realm, as well within Franchife as
without, accroaching to them greater Authority than
belongeth›
[ 8 ]
belongeth to their Office, in Prejudice of our Lord the
King, and the Common Law of the Realm, and in di-
minishing of divers Franchifes, and in Deftruction
15 Rich.II. and impoverishing of the common People. (2) It is ac-
C. 3.
corded and affented, that the Admirals and their De-
puties fhall not meddle from henceforth of any Thing
done within the Realm, but only of a Thing done
upon the Sea, as it hath been uſed in the Time of
the noble Prince King Edward, Grandfather of our
Lord the King that now is.
Anno 15° Rich. II. Cap. 3.
In what Places the Admiral's Jurifdiction
doth lie.
Item, AT the great and grievous Complaint of all
the Commons made to our Lord the King
in this prefent Parliament, for that the Admirals and
their Deputies do encroach to them divers Jurifdic-
tions, Franchiſes, and many other Profits pertaining
to our Lord the King, and to other Lords, Cities and
Boroughs, befides thofe they were wont, or ought to
have of Right, to the great Oppreffion and Impove-
rishment of all the Commons of the Land, and Hin-
drance and Lofs of the King's Profits, and of many
other Lords, Cities and Boroughs through the Realm:
(2) It is declared, ordained, and eſtabliſhed, that of
St. 1 C. 5, all Manner of Contracts, Pleas and Quarrels, and
13 Rich. II.
of
[ 9 ]
of all other Things done, rifing within the Bodies of
Counties, as well by Land as by Water, and alſo
Wreck of the Sea, the Admiral's Court fhall have no
manner of Cognizance, Power, nor Jurifdiction;
but all fuch manner of Contracts, Pleas and Quarrels,
and all other Things rifing within the Bodies of
Counties, as well by Land as by Water, as afore,
and alſo Wreck of the Sea, fhall be tried, determined,
difcuffed, and remedied by the Laws of the Land,
and not before, nor by the Admiral, nor his Lieu-
tenant in any wife. (3) Nevertheleſs, of the Death
of a Man, and of a Maihem done in great Ships,
being and hovering in the main Stream of great Ri-
vers, only beneath the Bridge of the fame Rivers
nigh to the Sea, and in none other Places of the
fame Rivers, the Admiral fhall have Cognizance,
and alſo to arreft Ships in the great Flotes for the
great Voyages of the King and of the Realm; ſaving
always to the King all manner of Forfeitures and
Profits thereof coming; (4) And he fhall have alfo 2 Hen. IV.
Jurifdiction upon the faid Flotes, during the faid C. 11.
Voyages only, faving always to the Lords, Cities,
and Boroughs their Liberties and Franchiſes.
C
Anno
[ 10 ]
13 Ri.II.
St. 1. C. 5.
Anno 2do Hen. IV. Cap. 11.
A Remedy for him who is wrongfully pur-
fued in the Court of Admiralty.
The State Item, WHEREAS in the Statute made at
the 13th Year of the faid
confirmed, King Richard, amongst other Things it is contained, that
touching the the Admirals and their Deputies fhall not intermeddle
Furifdiction. from thenceforth of any Thing done within the Realm,
Admiral's
but only of a Thing done upon the Sea, according as it
bath been duly used in the Time of the Noble King
Edward, Grand-father to the faid King Richard.
(2) Our faid Lord the King will and granteth, that
the faid Statute be firmly holden and kept, and put
in due Execution. (3) And moreover, the fame
our Lord the King, by the Advice and Affent of the
Lords Spiritual and Temporal, and at the Prayer of
the faid Commons, hath ordained and ſtabliſhed, that
as touching a Pain to be fet upon the Admiral, or this
Lieutenant, that the Statute and the Common Law
be holden againſt them; (4) and that he that feeleth
himſelf grieved againſt the form of the faid Statute,.
ſhall have his Action by Writ grounded upon the Cafe
againſt him that doth fo purfue in the Admiral's
Court, (5) and recover his double Damages againſt
the Purſuant; (6) and the fame Purfuant fhall incur
the Pain of Ten Pounds to the King for the Purfuit
fo made, if he be attainted.
Anno
[ ! ]
I Į
do
Anno 2⁰⁰ Hen. V. Stat. r. Cap. 6.
Breaking of Truce and Safe Conduct ſhall be
High Treafon. In every Port there fhall
be a Confervator of the Peace and ſafe
Conduct.
Truces and
others have
Item, FORASMUCH as before this Time di- Some bave
vers People, comprized within the Truces broken
made as well by our Lord the King that now is, as by fafe Con-
his noble Father, and alfo divers other People having ducts, and
fafe Conducts, as well of our Lord the King that now received and
is, as of his noble Father, have been fome flain, robbed maintained
and Spoiled by the King's Liege People and Subjects, as them.
well upon main Sea, as within the Ports and Coafts of
the Sea of England, Ireland, and of Wales, whereby
the faid Truces and fafe Conducts have been broken and
offended, to the great Dishonour and Slander of the
King, and against his Dignity; (2) and the faid
Man-flayers, Robbers, Spoilers, and Offenders of the
faid Truces and the King's fafe Conducts, as is
afore declared, have been by divers of the King's Liege
People and Subjects within the Coafts of divers Coun-
ties, received, abetted, procured, concealed, hired, fu-
Atained, and maintained: (3) Our faid Lord the Breaking of
King, by the Advice and Affent aforefaid, and at the Truce and
Requeft of the faid Commons, hath ordained and de-fafeConducts
fhall be High
clared, that fuch Man-flaughter, Robbery, Spoiling, Treafon.
breaking of Truce and fafe Conducts, and volentary But Note,
Receipt, This Part of
C 2
[ 12 ]
I Ed. VI.
tor of the
in every Port
this Statute Receipt, Abettment, Procurement, Concealing, Hiring,
making the Suftaining and Maintaining of fuch Perfons, to be
faid Offence done in Time to come by any of the King's Liege
High Trea-
fon is Re- People and Subjects within the Realm of England,
pealed by, Ireland, and Wales, or upon the main Sea, fhall be
C. 12, & adjudged and determined for High Treaſon done
1 M. Seff. againſt the King's Crown, and his Dignity. (4) And
1. C. 1. in every Port of the Sea fhall be made and affigned
A Conferva- from henceforth by the King, by his Letters Patents,
Truce ball one lawful Man called a Confervator of the Truce
be appointed and the King's fafe Conducts, which ſhall have forty
of the Sea. Pounds Lands by the Year at the leaft. (5) And
The Autho- that the Confervator have Power and Authority by
rity of the the faid Letters Patents, and alfo by Commiffion of
Confervator
of the Truce, the Admiral of England, to inquire of all fuch
Treaſons and Offences to be done againſt the Truce
and Safe Conducts upon the main Sea, out of the
Body of the Counties, and out of the Franchiſes of
the five Ports of the King, as the Admirals of the
Kings of England before this Time reaſonably, after
the old Cuſtom and Law on the main Sea uſed, have
done or uſed. (6) And alfo that the like Confer-
vator have like and the fame Power to puniſh all
them which be, or fhall be, indicted or accufed be-
fore him, as well at the King's Suit, as at the Par-
ty's, of any Thing to be done againſt the Truce and
the King's Safe Conducts upon the main Sea, out of
the Body of the Counties and Liberties of the Realm
of England, and out of the Franchife of the five
Ports, by fuch Procefs, Examination, Proofs, Deter-
mination, Judgment, and Execution, as Admirals of
the
[ 13 ]
the Kings of England before this Time reaſonably,
according to the old Cuſtom and Law upon the
main Sea uſed, have done or uſed.
vator's Au-
the Admiral..
2. Saving the Determination of the Death of a The Deter-
Man in this behalf, and the Execution of the fame mination of
the Death of
ſhall be always referved to the faid Admiral, or to a Man ex-
his general Lieutenant out of the ſaid Franchiſes of cepted out of
the Confer-
the five Ports. (2) And that the faid Conſervator
have full Power and Authority to inquire, as well thority, and
within Liberties and Franchiſes as without, by Men referved to
inhabiting within the Body of the County and Li-
berty where the ſaid Port is, of all fuch Treaſons and
Offences to be done againſt the Truces, and againſt
the King's Safe Conducts, within the Body of the
County and Liberty where the faid Port is. (3) And Process to be
to make againſt thofe Perfons before him fo indicted, awarded a
gainst those
fuch Process as here followeth, that is to fay, by that be in-
Capias and Exigent, which fhall as well go into the dicted.
Counties, of which fuch Men fo indicted be ſuppoſed
to be, as into the Counties where fuch Indictments
be taken. (4) Which Capias and Exigent aforefaid
in both Counties fhall be returned at one Day, and
that the firſt Capias in both Counties have Day of
Return by a Month at the leaft. (5) And in Cafe The Addi-
that the Capias and Exigent be awarded in this Behalf, tions of the
that the Names and Surnames of fuch Perfons fo in- Parties in-
dicted ſhall
dicted, and the Town and the County, and Myſtery be inſerted.
whereof they be, fhall be ſpecified and declared in
the Indictments and Proceffes of the fame. (6) And
that the faid Confervator have full Power to hear, at
every
[ 14 ]
every Man's Suit, which will complain before him-
felf, or his Lieutenant, of any Offence done to the
Party againſt the faid Truces and Safe Conducts.
Two Men (7) And that two Men learned in the Law be named
learned in the and affociate in every Commiffion of our Lord the
Law fhall be
afſociate in King to be made to ſuch Confervator. And that the
the Confer- faid Confervator, and the faid Men learned in the
vator'sCom- Law, in the Commiffion to him affociate and
vator'sCom-Law,
miſſion. affigned, fhall have full Power and Authority to
rity of the make Deliverance according to the Law and Uſage
Confervator of the Land, of fuch Men fo indicted before the faid
and two Af Confervator, of Things to be done within the Body
The Autho-
fociates.
of the County or Liberty where the faid Port is,
againſt the ſaid Truce and the King's Safe Conducts,
and to determine fuch Suits commenced at any
Man's Suit which will complain before the faid Con-
fervator, of any Offence done to him againſt the faid
Truce and Safe Conducts, and thereof to make due
Redreſs and Remedy. (8) And that the faid two
Men to the faid Confervator ſo affociate, be affifting
and attending to the faid Confervator to make the
Deliverances and Determination in the Manner and
Form aforefaid, when they be by the faid Conferva-
tor reaſonably required. (9) And that the faid Con-
The Oath of
the Confer- fervator, and the faid two Men of Law, be fworn,
vator and that they, nor any of them, fhall take Fee, Gift,
Allociates.
Hire, Wages, Reward, or Brokage, of any other
than of the King in any wife in this behalf, in Hin-
drance of due Execution and Puniſhment of fuch
Traitors and Offenders aforefaid. (10) And that
the faid Confervator fhall be refiant in the Port and
Places
[ 15 ]
hall
have a Seal.
Places where he fhall be Confervator affigned as afore-
faid. (11) And every Conſervator fhall take yearly
for the faid Office forty Pounds of the King at the
leaft. (12) And that they be fworn, that if any
Perfon, of what Eftate or Condition foever he be,
procure, excite, or abet them, or any of them, to
do any Thing contrary to this Ordinance and Oath
aforefaid, that every of them ſhall make due Relation
to our Sovereign Lord the King, or to the Chancellor
of England for the Time being, as fpeedily as he
well may, without Concealment in any Point, upon
Pain of Impriſonment, and to make Fine and Ran-
fom at the King's Pleaſure. (13) And that the ſaid The Confer-
Confervator have a Seal of our Lord the King var ha
ordained. for the faid Office.
(14) And that The Office of
the Maſter of the Ship, Barge, or Balinger, or other the Master
Veffel in the faid Port, be fworn, and the Poffeffor and Poffeffor
of a Ship.-
alfo, if he be prefent, before the faid Confervator,
before that he paſs out of the faid Port, that he fhall
not attempt to do any Thing againſt the ſaid Truce,
and the King's Safe Conducts. (15) And alſo that What shall
the faid Confervator fhall caufe to be inrolled of Re- be inrolled by
the Confer-
cord before him, as well the Names of fuch Owners vator.
and Mafters, as the Names of their Ship, Barge, Ba-
linger, or other Veffel, together with the Number
of the Mariners in the fame being. (16) And if The Confer-
they take any Thing of the King's Enemies, or of be informed
any others, they fhall caufe to be brought fuch of all Things.
taken from
Things taken into the Port, and thereof make full
the King's
Information to the faid Confervator, before that they Enemies by
thereof make Diſcharge or Sale; if it be not that by Force
of
vator ſhall
the Mari-
ners.
[ 16 ]
of Wind, Tempeft, or of Enemies, or fome other
reaſonable Caufe, fuch Ship, Barge, Balinger, or
other Veffel, muft enter into another Port for the
Prefervation of the fame Veffel, or other Cauſe reaſona-
ble; and that then they ſhall make full Information to
the faid Confervator, or to the Confervator of the
Port in which the faid Veffels arrive or enter, of the
Prize and of the Quantity of the Thing, receiving a
Letter teftimonial under the faid Seal of the aforefaid
Confervator, by the which the Confervator of the faid
Port, whereof the Veffel or Veffels fhall go out, may
have Notice of the Quantity, and alfo of the Value of
Penalty on the Goods and Chattels fo taken. (17) And if any
Maſters or Poffeffor or Mafter of any Ship or other Veffel, go
Ships, doing out of any Port of the Realm of England, or dif
contrary to charge his Ship or Veffel againſt the Form of this Or-
dinance, that fuch Ship or Veffel, together with the
Prize taken in the fame duly made, fhall be Forfeit
to the King, (18) and the Body of the Poffeffor or
Maſter of ſuch Ship or Veffel committed to Priſon,
there to remain untill he hath made a Fine and Ran-
fom to the King.
Owners of
this Act.
3. Provided always, that no Poffeffors of Ships
going out of any Port fhall make any Fine nor Ran-
fom, or have Impriſonment of Body, if the fame
Poffeffors be not in the fame Ships at the Time of the
What For- Offence committed againſt this Ordinance. (2) And
feitures the the faid Admiral fhall have the Forfeitures in all
fhall have. Cafes out of the fame Franchiſe of five Ports afore-
Admiral
faid, as he hath had, and hath been accuſtomed of
Right to the Office of the Admiral of England, be-
4
fore
[ 17 ]
$
five rity of the
Conferva-
the tors within
the five
Ports.
fore the making of this Ordinance. (3) And that all The Autho
fuch Confervators to be made within the faid
Ports have the fame Authority and Power by
King's Letters Patents, and Commiffion of the War-
den of the fame Ports for the Time being, to enquire
of fuch Offences to be done upon the main Sea with-
in the Franchiſes of the five Ports out of the Body of
the Counties, and to puniſh all them which ſhall be
before the faid Confervator of the fame Offences in-
dicted or accuſed by like Procefs, Examination,
Proofs, Determination, Judgment, and Execution, as
the faid Admirals reaſonably, according to the old Cuf-
tom and Law upon the Sea uſed, have done and
ufed out of the faid Franchiſe of the five Ports; (4)
faving that the Determination of the Death of a Man
in this behalf, and the Execution of the fame, fhall
be within the fame Franchiſe of the five Ports reſerved
to the ſaid Warden, or to his general Lieutenant there;
(5) and that the fame Warden fhall have all the For- The Warden
feitures there in all fuch Cafes as he hath had, and of the five
Ports fhall
have been accuſtomed of Right to the Office of the have all the
Warden of the five Ports aforefaid before this Time; Forfeitures
and that the faid Confervators, and every of them, have
Power to make full Execution of this Ordinance in
the Form aforefaid. And this Ordinance fhall hold
Place and Force, for any Thing to be done or attempt-
ed againſt this fame Ordinance, after the Proclamation
of this Ordinance and Declaration madę.
D
Anno
there.
[ 18 ]
1
}
Anno 4to Hen V.
Cap. 7.
tá
In what Cafes Letters of Marque may
be granted.
{
3
Item, BECAUSE our Sovereign Lord the King
bath beard and conceived at the grievous
Complaint of the Commons of his Realm in this Par-
liament, for that in refpect of a Statute made at his
Parliament bolden at Leiceſter the last Day of April,
2 Hen. V. the 2d Year of his Reign, in which Statute is con-
C. 6.
tained, that the Breaking of Truce and of Safe Con-
ducts, and willing Receit, Abetment, Procurement,
Counfel, Hiring, Sustaining and Maintaining of
Breakers of Truce, and of the Safe Conducts of the
King our Lord, to be made by his Liege People from
henceforth within the Realm of England and Ireland,
and the Country of Wales, upon the main Sea, fhall
be judged and determined for High Treafon done
against the Crown and the King's Dignity (2) By
reafon of which Statute, though the King's Subjects
be ſo much grieved against the Truce, that they dare
not provide Remedy by way of Act, for that the
King's Enemies, as well in the Parts beyond the Sea,
as in the Realm of Scotland, have thereof taken great
Courage to grieve the King's faithful Liege People,
in flaying fome of them, and in taking fome of them
Prifoners, and alfo taking their Goods and Chattels,
against the Tenor of the Truce, as well upon the main
Sea,
[ 19 ]
Sea, as upon the Marches of Scotland, whereof the
Jaid Commons have bumbly befeeched our faid Sovereign
Lord the King to provide remedy. (3) The King
willing, as well in this Cafe as in other, to take or-
der for the Indemnity of his Liege People and faith-
ful Subjects, hath declared in this preſent Parliament,
that of all Attempts made by his Enemies upon any
of his faithful Liege. People againſt the Tenor of any
Truce taken before this Time, wherein is no expreſs
mention made, that all Marques and Reprifals ſhall
ceaſe, the fame our Sovereign Lord the King will
grant Marque in due Form to all them that feel
themſelves in this Cafe grieved. (4) And our faid
Lord the King will do the like to all his Liege
People that feel them grieved againſt the Tenor of
any Truce, which betwixt him and any of his Ene-
mies fhall be newly taken hereafter. (5) And to The Manner
the greater Comfort of his faithful Liege People, to how to ob-
the Intent that they may the more readily and with- of Marque.
out long Delay have Remedy in this Cafe, the ſame
our Lord, the King will, that if he or they that feel
them grieved against the Tenor and Form of fuch
Truce within the Realm of England, out of the faid
Marches of Scotland, or upon the Sea, or in the
Parties beyond the Sea, fhall complain to the Keeper
of the Privy Seal, which for the Time fhall be, who
after fuch Complaint heard and perceived, thereof
fhall make to the Party Complainant (if he the fame
require) Letters of Requeft under the Privy Seal in
a due Form. And if, after fuch Requeſt made, the
Party required do not make within a convenient
?
D 2
Time
tain Letters
[ 20 ]
t
·
Time due Reſtitution or Satisfaction to the Party
grieved, then the Chancellor of England for the
Time being fhall caufe to be made to fuch Party
grieved (if he that demand) Letters of Marque un-
der the Great Seal in a due Form.
N. B. This Act fo far as it relates to Scotland be-
ing repealed by 4. Ja. I. C. 1. no more of it
Seems proper to be here inferted.
+
Anno 15to Hen. VI. Cap. 3.
M
What Things be requifite to make a fafe
Conduct effectual.
Item, WHEREAS our faid Lord the King
of late hath granted his Letters of Safe
Conduct to certain Perfons to come and go in and out
of the Realms and Seigniories of England, France,
and Ireland, with certain Number of Ships charged
with their Merchandizes, and that Faith and Credit
fhould as well be given to the Copy called Vidimus,
Sealed under the Seals authentique and approved, as
to the Original of the faid Letters. (2) One John
de Gautier, one of the Perfons aforefaid, granted and
delivered the Vidimus of the faid Safe Conduct to fuch,
and to as many as him pleafed, fealed with the Seal
of him that calleth himself King of France, under
the Colour of which Vidimus a great Navy of the
adverfe
[ 21 ]
adverſe Part was affembled, and did take many Ships,
and the King's Liege People and Victual, to the
Towns and Fortreffes of the Adverfaries, to the great
Damage of the King, and of the Liege People afore-
faid, as our faid Lord the King, at the grievous
Complaint to him made by the faid Commons in the
Said Parliament bath perceived: (3) The fame our
Lord the King, confidering the great Inconveniencies
which might enfue, by fuch and other which do
evil ufe his Letters of Safe Conduct, and that un-
der Colour of fuch Vidimus, a whole Navy of Ene-
mies may be coloured, and daily victual, ftuff, and
refreſh their Party, in great Damage of his Realm
of England, doth will, and hath commanded
by the Authority aforefaid, to the Keepers of his
Great and Privy Seal, that they fhall not fuffer fuch Vidimus
Clauſe Vidimus to be put in any Safe Conduct from ſhall not be
henceforth to be granted, unless it fo be, that fome put in a Safe
great or fome notable Cauſe or Matter move the fame less upon fome
our Lord the King to grant the fame in fuch wife. SpecialCaufe.
(4) And willeth alfo, that in all Safe Conducts to be
granted from henceforth to any Perſon or Perſons, the 20Hen. VI.
Name of them, of the Ships, and of the Maſters, and C. 1.
the Number of the Mariners, with the Portage 14 Ed. IV.
of the Ships, ſhall be expreffed.
}
The Claufe
Conduct, un-
18 Hen. VI.
C. 8.
I.
Confirmed by
C. 4.
Anno
[ 22 ]
>
Anno 18v Hen. VI. Cap. 8.
}
What Things be requifite to make the King's
fafe Conduct good.
t,
Item, WHEREAS many. People of the Com-
mons aforefaid, Owners of Ships and Vef-
fels of this Realm, and the Mafters and Mariners of
Juch Ships, taking Ships and Veffels of Spain, and of
other Parties, Adverfaries and Enemies to our faid
Lord the King, by the Suit of Merchants Aliens of
the King's Amity, made before the King and his Coun-
cil, and fome Time before the Chancellor of England,
have been greatly vexed, and be daily, for that the faid
Takers do take their Goods and Merchandifes, charged
in the ſaid Ships and Veſſels of Spain and ather Parts;
Enemies aforefaid, and fometime by falfe Witnefs,
Marks, and Letters Teftimonials contrived, the faid
Aliens be restored to the faid Goods and Merchandifes
with their Damages, and Expences, to the great and
grievous Lofs of the faid Owners, Mafters, and Ma-
riners, Takers aforefaid, and Difcouragement to the
King's Liege People to make. Such Ships and Veffels,
and in Hindrance of the Navy of the Realm afore-
faid; (2) Our faid Lord the King confidering the Mat-
ter aforefaid, and how the Goods and Merchandizes
of the King's Liege People, in like Cafe charged and
taken, be Forfeit to the King, hath ordained and
granted by the Authority aforefaid, that the faid Mer
chants
[ 23 ]
Aliens of the
King's Amity
on Board
Owners of
duct.
chants Aliens, at their Pleaſure, may charge fuch Merchants
Ships and Veffels of Spain, and of other Parts, Ad-
verfaries and Enemies of the King, if the Mafters, may load
Owners, or Merchants of fuch Veffels and Ships hav- their Goods
ing Letters Patents of the King, of his fafe Conduct, Ships belong-
Surety, or Safeguard for fuch Ships or Veffels, and Mer-ing to the
chandizes, making mention of the Name of the Ships mies, if the
King's Ene-
or Veffels, and of the Name of the Mafter of the Ships Masters, or
and Veffels, as the Manner is; (3) and if any fuch
fuch Ships
Ships or Veffels, charged with any Merchandizes of bave Letters
fuch Merchants aforefaid, be taken upon the Sea by of Safe Con-
the King's Liege People, not having the King's Letters
But if
Patents, as afore is faid, within the Board of fuch they have no
Ships or Veffels, at the Day of the Taking, nor that Juch Letters
of Safe Con-
fuch Letters Patents, at the Day of the Taking, be in duct, or they
the King's Chancery inrolled of Record, that then the be not inroll-
Takers and Poffeffors of the Goods and Merchandizes, ers of fuch
ed, the Tak--
fo taken, may enjoy and hold the fame, any Statute Goods may
or Ordinance made to the contrary notwithſtanding;
(4) and that this Statute and Ordinance fhall begin 15Hen.VI.
to take his force at the Feaft of Saint Michael, next C. 3.
coming; and that Proclamation be thereof made up- C. 1.
on the Sea Coafts incontinently after this Ordinance, Confirmed by
to the Intent that the faid Merchants Aliens may have 14 Ed. IV.
knowledge of the fame Ordinance.
detain them.
20Hen. VI.
C. 4.
Anno
[24]
1
Anno 18° Hen. VI. Cap. 19.
The Penalty of a Soldier not going with,
or departing from his Captain without
Licence.
Item, SEEING divers and many Soldiers be-
fore this Time, which have taken Parcel
or half their Wages of their Captains, and fo have
muſtered and been entered of Record the King's Soldi-
ers before his Commiffioners, for fuch Terms for which
their Mafters have indented, have fome time prefently
after their Mufter, and the Receipt of Part or of the
Whole of their Wages, departed and gone where they
would, and have not passed the Sea with their faid Cap-
tains, and ſome paſſed the Sea, and long within their
Terms departed from their Captains and the King's
Service, without apparent Licence to them granted by
their faid Captains, whereof hath grown fo great Da-
mage to the King and to his Realm, and ſo many In-
conveniences, which cannot eafily be expreffed, as of long
Time the Experience bath fhewed, and the which Sol
diers fo doing, as much as in them was, de-
cayed the Honour and Reverence of the King, and have
been many ways great Caufers of the Loffes which have
enfued in his Lands and Seigniories beyond the Sea,
and the Adventure alfo of the Perfons of the Lords and
Captains which did conduct them:
2. The
[ 25 ]
for a Soldier
to leave his
without Li-
cence.
have Power
determine.
2. The fame King confidering the Premiſes, and It is Felony
willing againſt fuch Inconveniencies and Damages to orde
provide a Remedy, hath ordained by the Authority Captain
aforefaid, that every Man fo muſtering and receiving
the King's Wages, which departeth from his Captain
within his Term, in any manner aforefaid, except
that notorious Sickneſs or Impediment by the Vifita-
tion of God (which may reaſonably be known) fuffer
him not to go, and which he fhall certify prefently to
his Captain, and fhall repay his Money, fo that he
may provide him for another Soldier in his Place, he
fhall be puniſhed as a Felon. (2) And that the Juf- Which Fuf-
tices of Peace ſhall have Power to inquire thereof, and tices of Peace
to hear and determine the fame. (3) And likewife to inquire of
hath ordained by the fame Authority, that no Soldier, bear and
Man of Arms, or Archer, fo muftered of Record, and
going with his Captain beyond the Sea, fhall return
into England, within the Term for which his Cap-
tain hath retained him; nor leave his Captain there
in the King's Service, and in Adventure of the War,
except that he hath reaſonable Cauſe fhewed by his
Captain, and by him to the chief in the Country hav-
ing Royal Power, and thereupon fhall have Licence
of the ſaid Captain, witneſſed under his Seal, and the
Chief Offi-
Cauſe of his Licence. (4) And who that fo doth cers of Ports,
mufter of Record, and come without Letters Tefti- &c. fhall ar-
monials of the Captain (as is faid) within his Term on returning
this Side the Sea, that the Mayors, Bailiffs, and other from beyond
the King's Minifters, at what Port or Place they ſhall detain them
arrive, ſhall have Authority to put them in Arreft, and until the
them there to keep until it be of them inquired. Cause of
(5) And be tried.
E
reft Soldiers
the Sea, and
their Return
[ 26 ]
Extended to
1
2 Rich. II. (5) And if it be found by Inquiry before Juftices
St. 1. C. 4. of Peace, and proved that they have fo muſtered of
Mariners Record, and departed from their Captains aforefaid
and Gun- without Licence, as afore is faid, that then they fhall
be puniſhed as Felons.
ners, by
5
El. C. 5.
S.27.
Mischiefs
arifing from
the Non-In-
duct.
Anno 20° Hen. VI. Cap. 1.
All Letters of Safe Conducts shall be inroll-
ed in the Chancery.
Firft, WHEREAS poor Merchants of the
King of this Realm daily be robbed by the
rollment of King's Enemies upon the Sea, and in divers Rivers and
Letters of Ports within the fame Realm, of their Ships, Goods, and
Safe Con- Merchandizes, of great Riches, and their Bodies taken
and impriſoned with great Duress, and put to great
Fines and Ranfoms, and the King's poor Subjects dwell-
ing nigh the Sea Coasts taken out of their own Houses,
with their Chattels and Infants upon Land, and car-
ried by the faid Enemies where it pleaſe them. (2)
Which Mifchiefs come by reafon that the faid Mer-
chants be difcouraged with Force and Puiffance of Ships,
and of People defenfible to keep the Sea and the Coafts
of the fame, for that the Ships, Goods, and Merchan-
dizes by them taken from the faid King's Enemies, be fome-
times claimed by the King's Enemies, by Colour of Safe
Conducts not duly purchased, nor of Record inrolled,
So that the King's Subjects may have Notice of them.
(3) And
[ 27 ]
(3) And fometime be claimed by Merchants Strangers
of the King's Amity, to be due to them, by Colour of
falfe Witneſſes of their Nation, and by Letters of
Marque and Charters partly by them counterfeited,
and by fuch Proofs upon fuch Claims be restored to the
fame Goods and Merchandizes often taken in Ships and
Veffels belonging to the King's Enemies, and the faid
King's Subjects put to great Vexation, and Lofs of
their own Goods. (4) Whereby the faid King's Ene-
mies be greatly inriched, and their Navy ftrongly in-
creas'd, and the Navy and Merchandize of the faid
Realm of our Lord the King greatly diminished, and
fuch Damages and Inconveniencies daily be likely to in-
creafe and come to the ſaid Realm of our faid Lord the
King, if Speedy Remedy in this Cafe be not provided.
Chancery, to
18 Hen.VI,
2. Our faid Lord the King confidering the Premif- All Letters
of Safe Con-
fes, and that if People of the King's Amity be feared duct, not in-
and diſcouraged to freight the Ships and Veffels of the rolled in
King's Enemies and Adverfaries, their Navy in Time be void.
to come will be decreaſed and diminiſhed, and the
Navy of the King's Subjects and Friends increaſed and C. 8.
enlarged by the Advice and Affent aforefaid, and at
the ſpecial Requeſt of the faid Commons, to efchew
the Miſchiefs aforefaid, hath ordained by Authority of
the faid Parliament, that all Letters of Safe Conduct to
be granted to the King's Enemies and Adverfaries,
or any other People whatſoever, ſhall be inrolled in the
Chancery of our faid Lord the King of Record, be-
fore that any fuch Letters fhall be in any wiſe deli-
vered to them to whom the fame Letters fhall be
E 2
granted.
[ 28 ]
Prizes of
Goods or
Merchan-
from the
King's Ene-
inies not to
granted. (2) And that all fuch Letters of Safe Con-
duct hereafter to be granted, not inrolled of Record in
the faid Chancery, before the Delivery to them to be
made in the Manner as is faid, fhall be void, and of
no Force nor Effect.
3. And moreover if hereafter
hereafter any Goods or Mer-
chandizes be taken by the faid Subjects of our Lord
dizes taken the King upon the Sea, or the Coafts of the fame,
charged in any Ship or other Veffel, which is belong-
ing to the Enemies or Adverfaries of our Lord the
be restored, King for the Time being, not having fufficient Let-
unless Let-
ters of Safe Conducts inrolled in the Form aforefaid,
ters of Safe
Conduct are that they which fo fhall take the fame Goods and
inrolled be- Merchandizes fhall them enjoy without any Reftituti-
fore their
on thereof to be made in any wife, to whatſoever Per-
fon the fame Goods and Merchandizes fo taken, at the
Time of the taking of the fame, or before, were be
longing.
Apprehenfi
on,
of the Mari-
Letters In-
xallment.
Provifo for 4. Provided always, That the Subjects of our Lord
the Idemnity the King, taking fuch Ships charged with Merchan-
ners and the dizes, not having nor fhewing fuch Letters of Safe
Proof of the Conduct within the fame Ships at the Time of the
faid taking, and bringing them by Force to a certain.
Port or Place within the faid Realm, fhall not be en-
damaged in their Perfon nor Goods for fuch taking,
if they be ready to make full Reftitution of the fame
Ships and Merchandizes, within reaſonable Time af-
ter that full Knowledge is made to them of fufficient
Letters of Safe Conduct for the fame Ships and Mer-
chandizes
[ 29 ]
chandizes inrolled in the faid Chancery of Record,
before the taking of them.
Provided alfo, that this
Ordinance fhall begin to hold his Force at the Feast Confirmed by
of Saint Michael the Arch-Angel next coming.
14 Ed. IV,
C. 4.
Anno 31° Hen. VI. Cap. 4..
The Remedy for him who having a Safe
Conduct is robbed upon the Sea.
UR Sovereign Lord the King, by Au-
Where
Item,thority aforefaid, hath ordained and Strangers
or in any
in Amity,
League or
Conduct are
eſtabliſhed, that if any of his Subjects attempt or upon the Sea
offend upon the Sea, or in any Port within the faid Port within
Realm, under the King's Obeifance, against any the Realm,
Perfon or Perfons. Strangers, being upon the Sea, or
any other Port aforefaid by way of Amity, League, Truce, and
or Truce, or by Force of the King's Safe Conduct having Safe
or Safe-Guard in any wife, and eſpecially in attach- attached in
ing of any fuch ftrange Perfon, robbing or fpoiling their Perfons
of him, his Ship, or any other Manner of Goods, or
againſt any other Perſon of his Liege People, the
Chancellor of England for the Time being (as well
for the Deliverance of any fuch Perſon ſo attached.
to be had, as to make Reftitution to every fuch Per-
fon fo robbed or ſpoiled of Ship or Goods, or of the
Value thereof) fhall have Authority, calling to him
any
or robb’d.
·
[ 30 ]
The Chan-
any
cellor calling
one Bench or
fo attached,
to be made
of..their
of the Juftices of the one Bench or of the other,
to him one upon a Bill or Bills of Complaint to him made in this
of the Juf Behalf, to make fuch Proceſs out of the faid Chan-
tices of the
cery, as well againſt all fuch Offenders to bring them
the other, into the King's Chancery, there to anſwer to the Par-
may deliver ties fo grieved in this Behalf, as againſt any other
fuch Perfons Perfon or Perſons to whofe Hands any fuch Perſon
and caufe fo attached, Ship, or Goods, fhall come, as for the
Refutution Delivery and Reftitution by them to be made of the
fame Perfon, Ship, and Goods, as fhall feem to the
Goods, &c. fame Chancellor moft expedient and neceffary. (2)
And upon this Proceſs fo made out of the faid Chan-
cery, the faid Chancellor further to proceed in this
Matter, if the Cafe do fo require, by Advice of any
fuch Juſtice, to make the Perſon and Perfons Stran-
gers fo grieved to have full Delivery and Reftitution
any fuch Perfon fo attached, and of all fuch Ships
and Goods, and alfo of all their Cofts, Expences,
and Loffes disburfed and fuffered by them in this
Behalf, and thereupon to award all Manner of Exe-
cution out of the ſaid Chancery, in fuch Sort as ſhall
ſeem to the faid Chancellor moft expedient and ne-
ceffary for fuch Delivery and Reſtitution to be had,
calling to him any fuch Juftice as afore is faid. This
Confirmed by
Act to begin and take Effect the firſt Day of May
14 Ed. IV.
the two and thirtieth Year of the ſaid King.
1
C. 4.
of
!
1
Anno
[ 31 ]
Anno 14° Ed. IV. Cap. 4.
A Confirmation of Statutes made againft
the Breakers of Truce, &c.
18 H. VI.
C. 8.
.C. J.
31 H. VI.
4.
Item, WHEREAS divers and great Offences 15 H. VI.
and Attempts have now of late been done C. 3:
and committed against the Amities and Leagues made
betwixt our faid Sovereign Lord the King, and ftrange 20 H. VI.
Princes, against the Safe Conducts and Licences of
our faid Sovereign Lord the King, and against the C.
Laws and Statutes heretofore made for the Punishment
of fuch Offenders in that Behalf, to the great Slander
of our faid Sovereign Lord the King, and the general
Hindrance of all this Realm of England. (2) The
King therefore, by Advice and Affent of the Lords
Spiritual and Temporal, and the Commons, in this
Parliament aſſembled, and by Authority of the fame
Parliament, hath ordained, eſtabliſhed, and enacted,
that all Statutes and Ordinances made before the
4th Day of March, in the firſt Year of his Reign,
by Authority of any Parliament, not repealed, againſt
the Offenders and Breakers of Amities, Truces,
Leagues, and Safe Conducts aforefaid, be and ſhall
be in their full Force and Effect. (3) And that every
of the fame Statutes and Ordinances be put in due
Execution in all Things before the Judge or Judges,
Perſon or Perſons ordained by the fame Statutes or
Ordinances, or any of them, according to the Tenors
and
[ 32 ]
and Effects of every of the fame Statutes and Ordi-
nances; any Grant or Confirmation by Act of Par-
liament, or otherwife, Ufe, or Cuftom, made, had,
This Confir- or uſed to the contrary notwithſtanding: (4) Provided
mation doth always, that this Act extend not to any Act or Or-
not extend to dinance made for the Puniſhment of any fuch Offen-
of 2 Hen, ders in the 2d Year of King Henry the Fifth,
V. St. 1. late indeed, and not of right King of England.
the Statute
C. 6.
The Incon-
veniencies of
Anno 27° Hen. VIII. Cap. 4.
For Pirates and Robbers on the Sea.
WHERE Pirates, Thieves, Robbers, and
Murtherers upon the Sea, many Times efcape
the Trial of unpunished, because the Trial of their Offences hath
the Courſe heretofore been ordered before the Admiral, or his
of the Civil Lieutenant or Commiſſary, after the Course of the
Piracy after
Law.
Civil Laws, the Nature whereof is, that before any
Judgment of Death can be given against the Offenders,
either they must plainly confefs their Offence (which
they will never do without Torture or Pains) or elfe
their Offences be fo plainly and directly proved by
Witneſſes indifferent, fuch as faw their Offences com-
mitted, which cannot be gotten but by Chance at few
Times, becauſe fuch Offenders commit their Offences
upon the Sea, and at many Times murther and kill
fuch Perfons being in the Ship or Boat where they com-
mit their Offences, which should bear Witness against
them
[ 33 ]
determined.
them in that Behalf, and alfo fuch as fhould bear Wit-
nefs be commonly Mariners and Ship-Men, which for
the most Part cannot be gotten ne had always ready to
testify fuch Offences, becauſe of their often Voyages and
Pallages in the Seas, without long tarrying, or Pro-
traction of Time, and great Cofts and Charges, as
well of the King's Highness, as of fuch as
uld pur-
fue fuch Offenders: (2) For Reformation whereof, be
Before what
it enacted by Authority of this prefent Parliament, Perfons Of
that all fuch Offences done in or upon the Sea, or fences com-
mitted upon
in any other Haven, River, or Creek, where the the Sea hall
Admiral or Admirals pretend to have Jurifdiction, be heard and
ſhall be inquired, tried, heard, and determined in
fuch Shires and Places in this Realm as fhall be li-
mited by the King's Commiſſion to be directed for
the fame, in like Form and Condition as if fuch
Offences had been done upon the Land. (3) And
that ſuch Commiffions fhall be had under the King's
Great Seal, directed to the Lord Admiral or Admi-
rals, or to his or their Lieutenant, Deputy, or Depu-
ties, and to three or four fuch other fubftantial Per-
fons as ſhall be named by the Lord Chancellor for
the Time being, as often as need ſhall require, to hear,
and determine fuch Offences after the Common Courſe
of the Laws of the Land uſed for Felonies done and
committed within this Realm.
1
2. And be it enacted by the Authority aforefaid, By what
that fuch Perfons to whom fuch Commiffions fhall be furors the
directed, or three of them at the leaft, fhall have full fame Offen-.
ces ſhall be
Power and Authority to inquire of fuch Offences by inquired of.
F
the
i
[ 34 ]
the Oaths of twelve good and lawful Men inhabited
in the Shire limited in their Commiffion, in fuch like
Manner and Form, as if fuch Offences had been
committed upon the Land within the fame Shire.
(2) And that every Indictment found, and preſented
before fuch Commiffioners, of any Felonies, Robbe-
ries, Murthers, or Man-Slaughters, done upon the Seas,
or in or upon any other Haven, River, or Creek, fhall
be good and effectual in the Law. (3) And if any
Perfon or Perſons happen to be indicted for any fuch
Offence done or hereafter to be done upon the Seas,.
or in any other Places above limited, that then fuch
Order, Procefs, Judgment, and Execution, ſhall be
ufed, had, done; and made, to and againft every
fuch Perfon and Perfons fo being indicted, as againſt
Felons, and Murtherers, for Murther, or Felony done
upon the Land, as by the Laws of this Realm, is ac-
cuſtomed. (4) And that the Trial of fuch Offence,
Fudgment, if it be denied by the Offenders, fhall be had by twelve
and Forfei- Men inhabited in the Shire limited within fuch Com-
tures of Ofmiffion, which ſhall be directed as is aforefaid, and no
Challenge to be had for the Hundred. (5) And fuch
as fhall be convict of any fuch Offence, by Verdict,
Confeffion, or Procefs, by Authority of any fuch
Commiſſion, ſhall have and fuffer fuch Pains of Death,
Loffes of Lands, Goods, and Chattels, as if they had
been convict of any Felonies, or Murthers done upon
the Lands.
The Trial,
fenders in
Piracy.
Clergy Shall
not be allow-
3. And be it enacted by Authority aforefaid, that
edtoPirates, for Robberies, Felonies, and Murthers done upon the
Seas,
[ 35 ]
]
Seas, or in any other Places above rehearſed, the Of-
fenders fhall not be admitted to have the Benefit of
their Clergy, but be utterly excluded thereof, and alſo
of the Privilege of any Sanctuary.
4. Provided alway, that this A&t extend not to be
prejudicial or hurtful to any Perfon or Perfons for
taking any Victuals, Cables, Ropes, Anchors, or Sails, Things taken
which any fuch Perfon or Perfons, compelled by Ne- upon the Sea
ceffity, taketh of or in any other Ship, which may by Neceffity.
conveniently ſpare the fame, fo that the fame Perfon
or Perfons pay out of Hand for the fame Victuals, Ca-
bles, Ropes, Anchors, or Sails, Money, or Money-
worth, to the Value of the Thing ſo taken, or deliver
for the fame a fufficient Bill Obligatory to be paid in
Form following; that is to fay, if the taking of the
fame Things be on this Side the Streights of Marroke,
then to be paid within four Months; and if it be be-
yond the faid Streights of Marroke, then to be paid
within twelve Months next enfuing the making of fuch
Bills; and that the Makers of fuch Bills well and
truly pay the fame Debt at the Day to be limited
within the faid Bills.
Ports.
5. Provided alway, that whenfoever any fuch Commiffions
Commiffion for the Puniſhment of the Offences afore- directed in-
to the five
ſaid, ſhall be directed or fent to any Place within the
Jurifdiction of the five Ports, that then every fuch
Commiffion fhall be directed unto the Lord Warden
of the fame Ports for the Time being, or to his Deputy,
and unto three or four fuch other Perfon or Perfons as
F 2
the
[36]
J
28H.VIII.
C. 15.
the Lord Chancellor for the Time being ſhall name
and appoint; any Thing in this prefent Act to the
contrary thereof in any wife notwithſtanding.
6. Provided alſo, that whenfoever any Commiffion
ſhall be directed into the five Ports for the Inquifition
and Trial of any of the Offences expreffed in this Act,
that every fuch Inquifition and Trial to be had by
Virtue of fuch Commiffion, fhall be made and had
by the Inhabitants in the faid five Ports, or the Mem-
bers of the fame; any Thing in this Act to the con-
trary thereof notwithſtanding.
Anno 28 Hen. VIII. Cap. 15.
For Pirates.
1
WHERE Traitors, Pirates, Thieves, Rob-
bers, Murtherers, and Confederates upon the
Sea, many Times eſcaped unpunished, because the
Trial of their Offences bath heretofore been ordered,
judged, and determined before the Admiral or his
Lieutenant or Commiſſary, after the Courfe of the
Civil Laws, (2) the Nature whereof is that before
any Judgment of Death can be given against the Of-
fenders, either they must plainly confefs their Offences
(which they will never do without Torture or Pains)
or elfe their Offences be fo plainly and directly proved
by Witness indifferent, fuch as faw their Offences com-
mitted
[ 37 ]
Admiral's
mitted, which cannot be gotten but by Chance at few
Times, becauſe fuch Offenders commit their Offences
upon the Sea, and at many Times murther and kill fuch Per-
fons being in the Ship or Boat where they commit their
Offences, which fhould witness against them in that be-
half; and alfo fuch as fhould bear Witness be commonly
Mariners and Ship-Men, which, becauſe of their often
Voyages and Paffages in the Seas, depart without long
tarrying and Protraction of Time, to the great Cofts
and Charges as well of the King's Highness, as fuch as
would purfue fuch Offenders. (3) For Reformation Trial of O
fences com-
whereof, be it enacted by the Authority of this prefent mitted upon
Parliament, that all Treafons, Felonies, Robberies, the Sea, or
Murthers, and Confederacies hereafter to be committed within the
in or upon the Sea, or in any other Haven, River, Jurisdicti
Creek, or Place where the Admiral or Admirals have on, by the
King's Com-
or pretend to have Power, Authority, or Juriſdiction, › miſſion.
ſhall be inquired, tried, heard, determined and judged
in fuch Shires, and Places in the Realm, as fhall be limit-
ed by the King's Commiffion or Commiffions to be di-
rected for the fame, in like Form and Condition, as if any
fuch Offence or Offences had been committed or done
in or upon the Land. (4) And fuch Commiffions fhall Alter'd by
in.or
be had under the King's Great Seal, directed to the w. III.
Admiral or Admirals, or to his or their Lieutenant, C. 7. But fee
Deputy and Deputies, and to three or four fuch 4 Geo.
other fubftantial Perfons as fhall be named or appoint-
ed by the Lord Chancellor of England for the Time
being, from Time to Time, and as oft as Need fhall
require, to hear and determine fuch Offences after the
common Courſe of the Laws of this Realm, ufed for
Treafons,
11 and 12
Geo. L
C. II.
[ 38 ]
The Commif
fioners Au-
thority.
Treafons, Felonies, Murthers, Robberies, and Con-
federacies of the fame done and committed upon the
Land within this Realm.
2. And be it enacted by the Authority aforefaid,
That fuch Perfons to whom fuch Commiffion or Com-
miffions fhall be directed, or four of them at the leaſt,
ſhall have full Power and Authority to enquire of fuch
Offences, and of every of them, by the Oaths of twelve
good and lawful Inhabitants in the Shire limited in
their Commiffion, in fuch like Manner and Form, as
if fuch Offences had been committed upon the Land
within the fame Shire. (2) And that every Indictment
found and preſented before fuch Commiffioners of any
Treaſons, Felonies, Robberies, Murthers, Man-Slaughters,
or fuch other Offences, being committed or done in
and upon the Seas, or in or upon any other Haven,
River, or Creek, fhall be good and effectual in the
Law. (3) And if any Perſon or Perſons happen to be
indicted for any fuch Offence done or hereafter to be
done upon the Seas, or in any other Place above limit-
ted, that then ſuch Order, Procefs, Judgment and Ex-
ecution fhall be uſed, had, done, and made to, and
againſt every fuch Perſon and Perfons fo being indict-
ed, as againſt Traitors, Felons, and Murtherers, for
Treaſon, Felony, Robbery, Murther, or other fuch
Offences done upon the Land, as by the Laws of this
Realm is accuſtomed. (4) And that the Trial of fuch
Offence or Offences, if it be denied by the Offender
or Offenders, ſhall be had by twelve lawful Men in-
habited in the Shire limitted within fuch Commiffion,
which
[ 39 ]
ment of Of-
which fhall be directed as is aforefaid, and no Chal-
lenge or Challenges to be had for the Hundred. (5) The Punish-
And fuch as fhall be convict of any fuch Offence or fenders.
Offences, by Verdict, Confeffion, or Procefs, by Au-
thority of any fuch Commiffion, ſhall have and fuf-
fer fuch Pains of Death, Loffes of Lands, Goods, and
Chattels, as if they had been attainted and convicted
of any Teaſons, Felonies, Robberies, or other the
faid Offences done upon the Lands.
3. And be it enacted, by Authority aforefaid, Such Offend-
ers ſhall not
That for Treaſons, Robberies, Felonies, Murthers, be allowed
and Confederacies done upon the Sea or Seas, or in their Clergy.
any Place above rehearſed, the Offenders fhall not be
admitted to have the Benefit of his or their Clergy,
but be utterly excluded thereof and from the fame,
and alfo of the Privilege of any Sanctuary.
may be Spar-
paying for
4. Provided alway, That this Act extend not to Taking of
be prejudicial or hurtful to any Perfon or Perfons, for Things that
taking any Victual, Cables, Ropes, Anchors, or Sails, ed upon Ne-
which any fuch Perfon or Perfons (compelled by necef- ceffity, and
fity) taketh of or in any Ship, which may conveniently them.
fpare the fame, fo the fame Perfon or Perfons pay
out of Hand for the fame Victual, Cables, Ropes,
Anchors, or Sails, Money, or Money-worth, to the
Value of the Thing fo taken, or do deliver for the
ſame a fufficient Bill obligatory to be paid in Form
following; that is to fay, if the taking of them fame
Things be on this Side the Streights of Marroke, then
to be paid within four Months, and if it be beyond
the
[
40 ]
Commiffions
any Place
the Streights of Marroke, then to be paid within twelve
Months next enfuing the making of fuch Bills, and
that the Makers of fuch Bills well and truly pay the
fame Debt at the Day to be limitted within the faid
Bills.
any
5 Provided alway, That whenfoever any ſuch
directed into Commiffion for the Puniſhment of the Offences
within the aforefaid, or any of them, fhall be directed or ſent to
five Ports.
Place within the Jurifdiction of the five Ports,
that then every fuch Commiffion fhall be directed
unto the Lord Warden of the faid Ports for the Time
being, or to his Deputy, and unto three or four
fuch other Perſon or Perſons as the Lord Chancellor,
for the Time being, fhall name and appoint, any
Thing in this prefent Act to the contrary notwith-
ftanding.
27 Hen.
1 Geo. I.
C. 24.
6. Provided alway, That whenfoever any Com-
VIII. C. 4. miffion fhall be directed unto the five Ports, for the
St. 2. C.25. Inquifition and Trials of any the Offences expreffed
8 Geo. 1. in this Act, that every fuch Inquifition and Trial to
be had by Virtue of fuch Commiffion, fhall be made
and had by the Inhabitants in the faid five Ports, or
the Members of the fame; any Thing in this A
the contrary thereof notwithſtanding.
to
Anno
[ 41 ]
Anno 2do & 3° Edw. 6. Cap. 6.
An Act that the Admiral of England, or
any of his Officers, fhall not exact any
Sums of Money for Licence to traffick
to Ireland, &c.
Fo
RAS MUCH as within theſe few Years
now laft paft, there hath been levied, perceived
and taken by certain of the Officers of the Admiralty,
of fuch Merchants and Fishermen as have used and
practifed the Adventures and Journeys into Ifland,
New-found-land, Ireland, and other Places commo-
dious for Fishing, and the getting of Fish, in or up-
on the Seas or otherwife, by Way of Merchandize in
thofe Parts, divers great Exactions, as Sums of Mo-
ney, Doles, or Shares of Fish, and fuch other like
Things, to the great Difcouragement and Hindrance
of the fame Merchants and Fishermen, and to no little
Damage to the whole Commonweal.
2. And whereas alſo great Complaints have been
made, and Informations alfo yearly to the King's Ma-
jefty's most Honourable Council: For Reformation
whereof, and to the Intent alſo that the faid Merchants
and Fishermen may have occafion the rather to prac-
tife and uſe the fame Trade of Merchandize and Fiſh-
ing freely, without any fuch Charges or Exactions, as
G
is
[ 42 ]
}
Admiral or
act any Mo-
ney, &c.
from any
is before limited, whereby it is to be thought, that
more Plenty of Fish fhall come into this Realm, and
thereby to have the fame at more reaſonable Price.
3. Be it therefore enacted by the King our Sove-
his Officers reign Lord, and the Lords and Commons in this
Shall not ex-prefent Parliament affembled, and by the Authority
of the fame, that neither the Admiral nor any Offi-
cer or Miniſter, Officers or Minifters of the Admi-
Merchant or ralty for the Time being, fhall in any wife hereafter
travelling exact, receive or take by himſelf, his Servant, Depu-
into Ice- ty, Servants or Deputies of any fuch Merchant or
foundland, Fiſherman, any Sum or Sums of Money, Doles or
Ireland, Shares of Fiſh, or any other Reward, Benefit or
&c.for Fiſh. Advantage whatſoever it be, for any Licence to pafs
Filberman
land, New-
this Realm to the ſaid Voyages or any of them: Nor
upon any Refpect concerning the faid Voyages or
any of them: (2) Upon Pain to forfeit for the first
Offence, treble the Sum, or treble the Value of the
Reward, Benefit or Advantage, that any fuch Offi-
cer or Miniſter ſhall hereafter have or take of any
fuch Merchant or Fisherman; for the which For-
feiture the Party grieved, and every other Perfon or
Perſons whatſoever he or they be, fhall and may fue
for the fame, by Information, Bill, Plaint, or Action
of Debt, in any of the King's Courts of Record,
the King to have the one Moiety, and the Party.
complaining the other Moiety: In which Suit no
Effoign, Protection, or Wager of Law fhall be al-
lowed: (3) And for the fecond Offence, the Party
fo
[ 43 ]
fo offending, not only to lofe or forfeit his or their
Office or Offices in the Admiralty, but alfo to
make Fine and Ranſom at the King's Will and
Pleafure.
do
Anno 2⁰⁰ & 3° Ph. & M. Cap. 16.
An Act touching Watermen and Bargemen
upon the River of Thames.
tween
for.
W
HEREAS heretofore for lack of good The Office
Government and due Order amongst Wherri- and Duty of
the eight
men and Watermen exercifing, ufing and occupying Overfeers of
Rowing upon the River of Thames, there have been Watermen
divers and many Misfortunes and Mifchances happened rowing be-
and chanced of late Years paft, to a great Number Gravefend
of the King and Queen's Subjects, as well to the No- and Wind-
bility as to other the Common People that have passed
and repaffed, and been carried by Water, by Reafon
of the rude, ignorant and unskilful Number of Water-
men, which for the most Part been masterlefs Men,
and fingle Men of all Kinds of Occupations and Fa-
culties, which do work at their own hands; and many
Boys being of fmall Age and of little Skill, and being
Perfons out of the Rule and Obedience of any honeft
Mafter and Governor, and do for the most Part of
their Time ufe Dancing and Carding, and other un-
lawful Games, to the great and evil Example of other
G 2
Such
[ 44 ]
fuch like, and against the Commonwealth of this Realm.
Several A- (2) And all which faid evil and ignorant Perfons in
buſes com- the Time of Preffing by Commiffion, for the Service of
mitted by the King and Queen's moft Royal Majefties upon the
ful and lew'd Sea, for that they have no known Place of abiding, do
Watermen. for the moft Part abfent and convey themselves into
young unſkil-
There ſhall
the Country, and other fecret Places, practifing there
Robberies and Felonies, and other evil deteftable Facts, to
the great Annoyance of the Commonwealth: And fo
after the faid Commiſſion of Preſſing ended, oft times
the faid evil Perfons do repair again to their former
Trade of Rowing, colouring their evil Deeds; (3) &c.
3. For Reformation whereof, be it enacted by the
be eight O- King and Queen's Majefties, the Lords Spiritual and
verſeers of
Watermen Temporal, and the Commons in this prefent Parlia-
upon the Ri- ment affembled, and by the Authority of the fame,
ver of
Thames.
That there fhall be yearly appointed, chofen and
elected by the Mayor and the Court of Aldermen of
the City of London for the Time being, the Num-
ber of eight Perfons of the moft wife, difcreet and
beſt Sort of Watermen, being Houſeholders, and
occupying as Watermen upon the faid River, be-
tween Gravefend and Windfor: (2) Which Election
ſhall be yearly at the firft Court of Aldermen to be
holden within the faid City next after the firſt Day
of March: (3) And the fame eight Perſons ſo elect-
ed, fhall be named and called, the Overſeers and
Rulers of all the Wherrimen and Watermen that
from and after the faid firft Day of March, fhall.
uſe, occupy, or exerciſe any Rowing upon the faid
River
[45]
River of Thames betwixt Gravefend and Windfor.
(4) Which faid Overſeers and Rulers, fhall keep and
maintain good Order and Obedience amongſt the
faid Watermen, according to the true Meaning of
this preſent Act.
the Time of
8. And be it further enacted, That if any Perfon The Punish-
or Perfons which from and after the faid Feaft fhall ment of Wa
termen with-
uſe and exerciſe the Occupation of Rowing betwixt drawing
Gravefend and Windfor aforefaid, which in the themselves in
Time of Execution of any Commiffion of Preffing Preffing.
that ſhall be had for the Service of the King and
Queen's Majeſties, and the Heirs and Succeffors of
the Queen's Majefty, in their Affair, fhall willingly,
voluntarily, and obftinately withdraw, hide or con-
vey him or themſelves in the fame Time of Preffing,
into fecret Places, and Out-corners; and after when
fuch Time of Preffing is overpaffed, ſhall return and
come again to the ſaid River of Thames, to row be-
twixt Gravefend and Windſor aforefaid, and that
duly proved by two indifferent Witneffes, before
the faid Lord Mayor and Court of Aldermen or
Juſtices of the Peace, and two of the faid Rulers;
that then he or they fo doing or offending, fhall fuf- See 4 and 5.
fer Impriſonment by the Space of two Weeks, and Ann. C.19
be baniſhed any more to row from thenceforth upon further Pro-
the faid River of Thames by the Space of one whole vifions relat
Year and Day then next following.
S. 18. for
ing bereto.
Anno
[ 46 ]
The Statute
of 18 Hen.
ordained
Anno 5° Eliz. Cap. 5
An Act touching politick Conftitutions for
the Maintenance of the Navy.
27. AND where Doubt bath heretofore been,
whether the Statute in the 18th Year of
VI. C. 19. the Reign of King Henry the Sixth, heretofore made
against Sol. against Soldiers retained which depart from their
diers, fhall Captains without Licence, did or ought to extend unto
extend to Mariners and Gunners ferving on the Seas, taking
andGunners. Wages of the King or Queen of this Realm. (2) Be
Mariners
Filbermen
it expreffed, ordained, enacted and declared by Au-
thority of this preſent Parliament, That the faid
Eſtatute made in the faid 18th Year of the Reign of
King Henry the Sixth, in all Pains, Forfeitures, and
other Things, did, doth, and hereafter fhall extend,
as well to all and every Mariner and Gunner having
taken, or fhall hereafter take Preft or Wages to ferve
the Queen's Majefty, her Heirs or Succeffors, to all
Intents and Purpoſes, as the fame did or doth unto
any Soldier, any diverfities of Opinion, Doubt, Mat-
ter or Thing to the contrary hereof notwithstanding.
41. Be it enacted in the Favour of Fiſhermen and
and Mari- Mariners, haunting the Sea as Fiſhermen or Mariners,
ners ſhall not That none of them ſhall hereafter, at any Time, be
be compelled
to ferve as compelled againſt his or their Will, to ſerve as any
Soldiers, but Soldiers upon the Land or upon the Sea, otherwiſe
in ſome Spe-
cial Cafes.
than
[ 47 ]
than as a Mariner, except it ſhall be to ſerve under
any Captain of fome Ship or Veffel, for landing to do
fome fpecial Exploit, which Mariners have uſed to
do; or under any other Perſon having Authority to
withſtand any Invafion of Enemies, or to fubdue
any Rebellion within the Realm, and alfo except all
fuch Perfons as by Tenure, lawful Cuſtom or Cove-
nant, be or fhall be otherwiſe bound to ferve.
Cafes a Fift
erman ſhall
be taken by
Commiffion
to ſerve on
the Sea as a
43. Provided always, and be it further enacted by In what
the Authority aforefaid, That no Fiſhermen ufing or
haunting the Sea, fhall be taken by the Queen's Ma-
jeſty's Commiffion, to ferve her Highneſs as a Mariner
on the Sea; but that the faid Commiffion be firft
brought by Her Highneſs Taker or Takers, to two Mariner.
Juftices of Peace next adjoining and inhabiting to the
faid Sea-Coafts, Towns or other Places, where the
faid Mariners are fo to be taken, to the Intent the
faid Juſtices may chooſe out, and cauſe to be returned
fuch fufficient Number of able Men, as in the faid
Commiffion fhall be contained, to ferve Her Majeſty,
as is aforefaid.
5r. This Act fhall continue and endure until the
End of ten whole Years, to be accounted from the
Feaft of Saint Michael the Arch-Angel, which fhall
be in the Year of our Lord God one Thouſand five
Hundred fixty-four, and from thence to the End of
the next Parliament then following the End of the
faid ten Years.
Continued by 3 Car. I. C. 4, and 16 Car. I. C. 4.
Anno
-
{
[ 48 ]
A Sentence
definitive in
a. civil and
Anno 8⁰⁰ Eliz. Cap. 5,
For the avoiding of tedious Suits in civil
and marine Cauſes.
FOR the avoiding as well of long and tedious Suits,
as alfo of great Charges and Expences in profecut-
marineCauſe ing of civil and marine Cauſes, by reason of divers Ap-
by Delagates peals permitted to be made by Order of the Laws Civil
Commiffion in fuch Caufes, and to the Intent that as well Stran-
Shall be final. gers, as alfo others the Subjects of this Realm, that
appointed by
fhall have Caufe of Suit in thofe Matters, may have
Such Expedition in the fame, as their Natures and
Qualities do require, Be it enacted by the Queen's
Majeſty our Sovereign Lady, the Lords Spiritual and
Temporal, and the Commons in this prefent Parlia-
ment affembled, and by the Authority of the fame,
that from the laſt Day of this preſent Seffion of Par-
liament, all and every fuch Judgment and Sentence
definitive, as fhall be given or pronounced in any
civil and marine Caufe, upon Appeal lawfully to be
made therein to the Queen's Majefty in her Highneſs
Court of Chancery, by fuch Commiffioners or Dele-
gates as ſhall be nominated and appointed by Her Ma-
jefty, her Heirs or Succeffors, by Commiffion under
the half Seal, as it hath been heretofore ufed in fuch
Caſes, ſhall be final, and no further Appeal to be had
or made from the faid Judgment or Sentence defini-
tive, or from the faid Commiffioners or Delegates, for
or in the fame; any Law, Ufage or Cuftom to the
contrary notwithſtanding.
Anno
[ 49 ]
Anno 31° Eliz. Cap. 4.
An Act against the Imbezelling of Armour,
Habiliments of War, and Victual.
B
the Queen's
the Value of
diers, &c.
Shall be Fe-
E it enacted by the Authority of this prefent Imbezelling
Parliament, that if any Perfon or Perfons hav- Ordnance,
ing at any Time hereafter the Charge or Cuftody of Armour, or
any Armour, Ordnance, Munition, Shot, Powder Victuals, to
or Habiliments of War, of the Queen's Majefty's, her 20 s. provi-
Heirs or Succeffors, or of any Victuals provided for ded for Sol-
the victualing of any Soldiers, Gunners, Mariners,
or Pioneers, fhall for any Lucre or Gain, wittingly, lony.
adviſedly, and of purpoſe to hinder or impeach her By 22 Car,
Majeſty's Service, imbezel, purloin, or convey away the Offenders
any of the fame Armour, Ordnance, Munition, Shot, are excluded
or Powder, Habiliments of War, or Victuals, to the their Clergy.
Value of twenty Shillings, at one or feveral Times,
that then every fuch Offence fhall be judged Felony,
and the Offender or Offenders therein to be tried,
proceeded on and fuffer as in Cafe of Felony.
II. C. 5.
2. Provided always, and be it enacted by the Au- Within
thority aforefaid, that none fhall be impeached for what Time
the Offenders
any Offence againſt this Statute, unleſs the fame Im- ſhall be im-
peachment be profecuted or begun within the Year peach'd.
next after the Offence done: (2) And that this Act,
nor any Thing therein contained, nor any Attainder
or Attainders of any Perfon or Perfons, for any Of-
H
fence
[ 50 ]
1
fence made Felony by this Act, fhall in any wife ex-
tend to or be adjudged, interpreted or expounded,
to make the Offender or Offenders to forfeit or lofe
any Lands, Tenements, or Hereditaments any longer
than only during his or their Life or Lives, or to
No Corrup- make any Corruption of Blood to any the Heir or
tion of Blood, Heirs of any fuch Offender or Offenders, or to make
nor Forfei-
ture of the the Wife of any fuch Offender to lofe or forfeit her
Inheritance Dower, or Title of Dower, of or in any Lands, Tene-
of Lands or
Dower for ments, or Hereditaments, or her Action or Intereft
this Felony, to the fame; any thing in this Act contained, or
Attainder or Attainders hereafter to be had for-
any Offence made Felony by this Act, to the con-
The Defen- trary notwithſtanding: (3) And that fuch Perfon
dant may and Perfons as fhall be impeached for any. Offence.
bring Proof
for his Dif- made Felony by this Eftatute, fhall by Virtue of this
Act be received and admitted to make any lawful
Proof that he can, by lawful Witnefs or otherwiſe,
1 Geo. I. for his Diſcharge and Defence in that Behalf; any
S. 3. 4. 5. Law to the contrary notwithſtanding.
charge.
St.2. C.25.
any
4
Anno
[ 51 ]
Anno 35to Eliz. Cap. 8.
An Act for the avoiding of Deceit ufed in
making and felling of twice laid Cordage,
and for the better preferving of the Navy
of this Realm.
making of
above or un-
Compafs.
F
ORAS MUCH as it is found by Common Several Pe-
Experience, that fundry Perfons using the Trade nalties for
of making Cables, Halfors, and other Kind of Cor-Cables of old
dage within this Realm, have of late for their private Stuff, being
Lucre and Gain uſed to make the fame of old, caft der seven
and over-worn Cables, Halfors and Cordage, and yet Inches in
have craftily and deceitfully uttered and fold the fame,
being tarred, as new, good and strong, and as made
of new and perfect Stuff, covering and hiding the falſe
and corrupt making thereof, by tarring of them be-
fore the fame be put to Sale; by Reafon whereof, not
only divers Ships, Veffels and Goods, as well of her
Majefty's, as of fundry ber Highness Subjects, but
alfo the Lives of divers of her faid Subjects have been
loft, perifbed, and caft away:
2. For Remedy thereof, and for the avoiding of
fuch great Loffes, Inconveniencies and Dangers as
might otherwife hereafter enfue by fuch corrupt, falfe,
and deceitful making of Cables, Halfors, and other
Cordage as is aforefaid.
H 2
3. Be
[ 52 ]
Old Stuff
put unto
3. Be it enacted by the Queen's moſt excellent
New Cables. Majefty, the Lords Spiritual and Temporal, and the
Commons in this prefent Parliament affembled, and
by the Authority of the fame, that if any Perfon or
Perfons, fhall after forty Days next after the End
of this Seffion of Parliament, make, or caufe to be
made any Cables of any old and over-worn Stuff,
which fhall contain above ſeven Inches in Compaſs,
then every Perſon ſo offending ſhall forfeit and lofe
four Times the Value of every fuch Cable fo by him
or them made, or caufed to be made, as is aforefaid:
The Penalty (2) And if any Perfon or Perfons, after the faid forty
for tarring Days next after the End of this Seffion of Parliament,
Cables, Cor-
dage, &c. fhall tarr, or cauſe to be tarred, any Halfors or other
Cordage made within this Realm of fuch old and
over-worn Stuff, as aforefaid, being of leffer Affize,
and not containing in Compaſs ſeven Inches, and
fhall after, by way of Retail, fell or put to Sale, or
cauſe to be fold or put to Sale, the fame being fo
tarred: That every Perfon fo offending, fhall forfeit
and loſe the treble Value of every Cable, Halfor, and
other Cordage, being of leffer Affize; and made of
fuch old and over-worn Stuff, as is aforefaid, which
ſhall be ſo fold or put to Sale, being tarred as afore-
faid: (3) The one Moiety of all which Forfeitures
fhall be to the Queen's Majeſty, her Heirs and Suc-
ceffors, and the other Moiety to fuch Perfon or
Perſons as will fue for the fame by Action of Debt,
Bill, Plaint, or Information, wherein no Effoign,
Protection, or Wager of Law fhall be allowed.
4. And
[ 53 ]
4. And furthermore, that every Perfon which fhall Impriſon-"
in any wife offend againſt the Tenor and Meaning of ment. -
this Act, ſhall be imprifoned for the fame, during her
Majeſty's Pleaſure.
?
1
{
Anno 39° Eliz. Cap. 17.
An Act against lewd and wandering Per-
Sons, pretending themſelves to be Soldiers:
or Mariners..
Mariners
>
મ
have Tefti- -
W HEREAS divers lewd and licentious Perfons, Wandering
contemning both Laws, Magiftrates and Religion, and Soldiers,
have of late Days wandered up and down in all Parts and other
of the Realm, under the Name of Soldiers and Mari- idle Perfons,
fhall fettle
ners, abufing the Title of that honourable Profeffion to themselves
countenance their wicked Behaviours, and do continu- to Work;
ally aſſemble themſelves weaponed in the Highways, and they all
elſewhere in Troops, to the great Terror and Aftonish-monials,&c,
ment of Her Majeſty's true Subjects, the Impeachment
of her Laws, and the Disturbance of the Peace and
Tranquillity of this Realm. (2) And whereas many
heinous Outrages, Robberies and horrible Murthers are
daily committed by thefe diffolute Perfons; and unless
fome Speedy Remedy be had, many Dangers are like by
thefe Means to enfue and grow towards the Common-
wealth...
2. Be
•
[ 54 ]
Wandering
Mariners
2. Be it therefore enacted by the Authority of this
preſent Parliament, That all idle and wandering Sol-
diers and Mariners, or idle Perfons, which now are,
or hereafter fhall be wandering as Soldiers and Ma-
riners, fhall ſettle themſelves in fome Service, Labour
ór other lawful Courfe of Life, without wandering, or
otherwiſe repair to the Places where they were born,
or to their Dwelling-places, if they have any, and there
remain, betaking themſelves to fome lawful Trade or
Courfe of Life, as aforefaid; (2) upon pain that all
Perfons offending contrary to this Act, to be reputed
as Felons, and to fuffer as in Cafe of Felony, with-
out any Benefit of Clergy to be allowed.
3. And be it further enacted, That every idle and
and Soldiers wandering Soldier or Mariner which coming from his
fhall have Captain from the Seas, or from beyond the Seas, fhall
Teftimonials. not have a Teftimonial under the Hand of fome one
13 Geo. II.
C. 24. S. 6. Juftice of the Peace, of, or near the Place where he
landed, fetting down therein the Place and Time
when and where he landed, and the Place of his
dwelling or Birth, unto which he is to pafs, as afore-
faid, and a convenient Time therein limited for his
Paffage, or having fuch Teftimonial, fhall wilfully
exceed the Time therein limited, above fourteen
It shall be Days. (2) And alſo as well every fuch idle and wan-
Felony to dering Soldier or Mariner, as every other idle Perfon
Testimonial. wandering, as Soldier or Mariner, which fhall at any
Time hereafter forge or counterfeit any fuch Teftimo-
nial, or have with him or them any fuch Teſtimonial
counterfeit a
forged
[ 55 ]
forged or counterfeited as aforefaid, knowing the fame
to be counterfeited or forged, in all theſe Caſes every
fuch Act or Acts to be Felony, and the Offenders to
fuffer as aforefaid, without any Benefit of Clergy.
bear and de-
4. And be it further enacted, That it fhall be lawful Justices of
for the Juſtices of Affizes, Juftices of Goal-delivery, Goal delive-
Affize and
and the Juftices of Peace of every County, and all ry and
Juftices of Peace in Towns Corporate, having Autho- Peace, may
rity to hear and determine Felonies, to hear and de- termine thefe
termine all fuch Offences in their general Seffions; (2) Offences.
and to execute the Offenders which ſhall be convict- Taking the
Offender in--
ed before them, as in Cafes of Felony is accuſtomed; to Service
except ſome honeſt Perſon valued at the laſt Subfidy for a Year,
next before the Time, to ten Pounds in Goods, or
forty Shillings in Lands, or elſe fome honeſt Freehold-
er as by the faid Juftices fhall be allowed, will be
contented before fuch Juftices as fuch Perſon ſhall be
arraigned of Felony, to take him or them into his Ser-
vice for one whole Year then next following, and then
before the faid Juſtices will be bound by Recognizance
of ten Pounds to be levied of his Lands, Goods, Tene-
ments and Chattels, to the Uſe of our Sovereign La-
dy the Queen, if he keep not the faid Perfon or Per-
fons for one whole Year, and bring him to the next
Seffions for the Peace and Goal-delivery next enfuing
after the faid Year. (3) And if any fuch Perſon re--
tained depart within the Year, without the Licence of
him that fo retained him, then to be indicted, tried:
and adjudged as a Felon, and not to have the Bene-
fit of his Clergy.
5 Provided
?
[56]
The idle
Wanderer
A
5. Provided always, That if any fuch idle and
falling fick Wandering Perfons, as aforefaid, fhall happen to fall
by the Way. fick by the Way, fo that by reafon of his Weakneſs
he cannot travel to his Journey's End within the Time
limited within his Teftimonial, no fuch to be with-
in the Danger of this Statute, fo as he fettle himſelf
in fome lawful Courfe of Life, as aforefaid, to repair,
as aforefaid, to the Place where he was born, or was
laſt abiding, within convenient Time after the Reco-
very of his Sickneſs, and there remain, as aforefaid;
any Thing in this Statute contained to the contrary
notwithſtanding.
A Remedy
where the
Wanderer
Work.
6. Provided alfo, and be it further enacted, That
when
any fuch Soldier or Mariner coming from the
cannot get Seas, or from beyond the Seas, as aforefaid, ſhall re-
pair to the Place of his Dwelling or Birth, according
to the Purport of the ſaid Teſtimonial, and cannot of
himſelf get there any Work, whereby to employ him-
ſelf to Labour, or other lawful Courſe of Life as afore-
faid, that then in every fuch Cafe, upon Complaint
made by fuch Soldier or Mariner, to two Juftices of
Peace of the faid County, of, or near the faid Place,
the ſaid two Juſtices fhall take Order by their Difcre-
tion, to fet fuch Soldier or Mariner to fome fuch honeft
Labour or Work as to them ſhall be thought meet. (2)
dred taxed And for want of fuch Work, the faid two Juftices fhall
for the Re-
lief of a Sol tax the whole Hundred by their Diſcretion, for the re-
dier or Ma- lief of fuch Soldier or Mariner, 'till fuch fufficient
riner. Work may be had.
The Hun-
7. Provided
[ 57 ]
ask and take
7. Provided alfo, that if any fuch Soldier or Ma-
riner coming from the Seas, or from beyond the Seas
as aforefaid, ſhall not at the Time of his Landing or
in his Travel to the Place whereunto he is to re-
pair, as aforefaid, go in the direct Way, that then he
refort to fome Juftice of the Peace next adjoining to
the faid Place of Landing or Way, and make known
unto the ſaid Juſtice his Poverty: (2) Who upon The Soldier
perfect Notice thereof had, ſhall have full Power and or Mariner
Authority by this prefent Act to licenſe the fame licensed may
Soldier or Mariner to pafs the next and direct Relief.
Way to the Place where he is to repair, and to li-
mit him ſo much Time only as fhall be neceffary for
his Travel thither: (3) And that in fuch Cafe his
Licenſe being ſo made, and he purfuing the Form
of fuch his Licenfe, fhall and may for his neceffary
Relief in his fuch Travel, ask and take the Relief
that any Perfon fhall willingly give him, and in fuch
Cafe, his fuch Travel and taking of Alms, as afore-
faid, fhall not be taken as an Offence againſt this
Law.
8. Provided alfo, that this Act, nor any Thing No Corrup
therein contained, fhall extend or be interpreted to tion of Blood.
make or work any Corruption of Blood in any the
Heir or Heirs of any fuch Offender or Offenders;
any Thing in this Act to the contrary notwith-
ftanding.
I
9. Provided
[ 58 ]
9. Provided alfo, and be it further enacted, that
this Act fhall not take any Force or Effect, till forty
Days next after the End of this Seffion of Parlia-
ment, and fhall continue to the End of the Par-
liament next enfuing. Continued by 3 Car. I. C. 4.
and 16 Car. I. C. 4.
The Statute
of 35 El.
21.
El. C.
Anno 43° Eliz. Cap. 3.
An Act for the neceſſary Relief of Soldiers
and Mariners..
WHEREAS in the Thirty-fifth Year of the
Queen's Majesty's Reign that now is, An A&t.
C. 4. and was made, intituled, An Act for the neceffary Relief
39. concern. of Soldiers and Mariners: And whereas in the Thirty-
ing the Re-ninth Year of her Majesty's Reign, there was alfo
lief of Soldi- made another Act, intituled, An Act for the further
Continuance and Explanation of the faid former, Be
it enacted by Authority of this preſent Parliament,
that both the faid Acts fhall be and continue in Force
until the Feaſt of Eafter next, and fhall be from
and after the faid Feaft difcontinued..
ers and Ma-
riners re-
pealed.
Who shall be 2. And forafmuch as it is now found more needful
bereafter than it was at the making of the Said Acts, to pro-
charged with
vide Relief and Maintenance to Soldiers and Mari-
Contribution
for their Re-ners that have loft their Limbs, and difabled their
Bodies
[ 59 ]
Bodies in the Defence and Service of her Majefty and lief: Who
Shall receive
the State, in respect the Number of the faid Soldiers it, and pay
is ſo much the greater by how much her Majesty's just it to them,
and honourable defenfive Wars are increased; (2) To and bow
the end therefore that they the faid Soldiers and Soldiers beg-
Mariners may reap the Fruits of their good Deferv-ging ſhall be
ings, and others may be encouraged to perform the punished,
like Endeavours.
Mariners or
&c.
with a week-
3. Be
Be it enacted by the Authority of this prefent Every Pa-
Parliament, that from and after the faid Feaft of rish charged
Eafter next, every Pariſh within this Realm of ly Sum to-
England and Wales, fhall be charged to pay weekly wards the
fuch a Sum of Money towards the Relief of fick, hurt, Soldiers and
Relief of
and maimed Soldiers and Mariners, that fo have been Mariners.
as afore is faid, or fhall lofe their Limbs, or diſable
their Bodies, having been preft, and in Pay for her
Majeſty's Service, as by the Juftices of Peace, or
the more Part of them, in their general Quarter
Seffions to be holden in their ſeveral Counties, next
after the Feast of Eafter next, and fo from Time to
Time at the like Quarter Seffions to be holden next
after the Feaſt of Eafter yearly, ſhall be appointed,
fo as no Pariſh be rated above the Sum of Ten-pence
nor under the Sum of Two-pence weekly to be paid,
and fo as the total Sum of fuch Taxation of the Pa-
riſhes in any County where there fhall be above Fifty
Pariſhes, do not exceed the Rate of Six-pence for
every Pariſh in the fame County; (2) Which Sums The Taxa-
fo taxed ſhall be yearly affeffed by the Agreements of tion of every
the Parishioners within themfelves; or in Default Parif.
I 2
thereof,
[60]
ed.
thereof, by the Church-wardens, and the Petty Con-
ftables of the fame Pariſh, or the more Part of them;
or in Default of their Agreement, by the Order of
fuch Juftices, or Juftice of Peace, as fhall dwell in
the fame Pariſh; or if none be there Dwelling, in
the Parts next adjoining.
fo
The Penalty 4. And if any Perfon fhall refuſe or neglect to pay
for refufing
to pay the any fuch Portion of Money ſo taxed, it ſhall be law-
Money tax- ful for the faid Church-wardens and Petty Conftables,
and every of them, or in their Defaults, for the faid
Juſtices of Peace or Juftice, to levy fuch Sum by
Diſtreſs and Sale of the Goods or Chattels of the Par-
ty fo refufing or neglecting, rendering to the Party
the Overplus raiſed upon fuch Sale.
Churchwar-
5. And for the collecting and Cuftody of the Sums
dens, &c. taxed in Form aforefaid, be it enacted, that the
Shall pay to
the HighCon- Church-wardens and Petty Conftables of every Pariſh
Stables the fhall truly collect every fuch Sum, and the fame
Money tax-fhall pay over unto the High Conftable in whofe Di-
ed.
vifion fuch Pariſh ſhall be fituate ten Days before the
Quarter Seffions to be holden next before, or about
the Feaft of the Nativity of St. John Baptift next, in
the County where the faid Parifh fhall be fituate,
and fo from Time to Time Quarterly within ten
Days before every Quarter-Seffions; (2) And that
every fuch High Conftable, at every fuch Quarter
Seffions in fuch County, fhall pay over the fame to
fuch Juftices of Peace, or to two fuch other Perfons, or
one of them, as fhall be by the more Part of the
Juſtices
ཏེ
[61]
Account.
Juftices of Peace of the fame County, elected to be
Treaſurers of the faid Collection; (3) The fame other Treafurers.
Perſons to be elected Treaſurers to be fuch as at the
laft Taxation of the Subfidy next before the fame
Election, fhall be valued and feffed at ten Pounds in
Lands yearly, or fifteen Pounds in Goods; (4) Which Treaſurers
Treaſurers in every County fo chofen, fhall continue
but for the Space of one whole Year, and then give
up their Charge, with a due Account of their Re-
ceipts and Disburſements, at their Meeting in Eafter
Quarter Seffions, or within ten Days after, to fuch
other as fhall from Year to Year, in the Form afore-
faid, fucceffively be elected.
6. And if any Church-warden, Petty Conftable, or Churchwar-
High Conftable, or his Executors or Adminiftrators, dens or Con-
Stables fail-
fhall fail to make Payment in Form above ſpecified, ing of Pay-
then every Church-warden and Petty Conftable, his ment.
Executors or Adminiftrators fo offending, fhall for-
feit the Sum of Twenty Shillings. (2) And every
High Conftable, his Executors or Adminiſtrators, the
Sum of Forty Shillings: (3) To be levied by the
Treaſurers aforefaid, by Diftrefs and Sale in Manner
before expreffed, and to be taken by the ſaid Trea-
furers in Augmentation of their Stock, to the Ufes
aforefaid.
Account or
7. And if any Treafurer, his Executors or Admi- A Treasurer
niftrators, fhall fail to give up his Account within failing of his
the Time aforefaid, or fhall be otherwife negligent neglecting
in the Execution of his Charge, then it ſhall be the Charge.
lawful
[62]
To what
Treaſurer
make the
Soldiers or
Mariners
lawful for the more Part of the Juftices of Peace of
the fame County in their Seffions, to affefs fuch Fine
upon
fuch Treaſurer, his Executors or Adminiſtrators,
as in their Diſcretion fhall feem convenient, fo it be
not under the Sum of five Pounds.
1
8. And for the true and just diftributing and
the Soldier employment of the Sums jo received according to
or Mariner the true Meaning of this Act: (2) Be it enacted by
fball repair the Authority aforefaid, That every Soldier or Mari-
for Relief.
ner, having had his or their Limbs loft, or diſabled in
their Bodies by Service, being in Her Majefty's Pay as
above is mentioned, or fuch as fhall hereafter return
into this Realm hurt or maimed, or greviouſly fick,
ſhall repair, if he be able to travel, and make his Com-
plaint to the Treaſurers of the County out of which he
Who fhall was preffed; (3) Or if he were no preſt Man, to the
Treaſurer of the County where he was born, or laſt
inhabited by the Space of three Years, at his Election;
Certificate. and if he be not able to travel, to the Treaſurer of the
County where he ſhall land or arrive; (4) And ſhall
bring a Certificate unto any of the Treaſurers afore-
faid, under the Hand and Seal of the General of the
Camp, or Governor of the Town wherein he ſerved,
and of the Captain of the Band under whom he ſerv-
ed, or his Lieutenant, or in the Abfence of the faid
General, or Governor, from the Marſhal or Deputy
of the Governor, or from any Admiral of Her Ma-
jefty's Fleet, or in his Abfence from any other Gene-
ral of Her Majefty's Ships at the Seas, or in Abfence
of fuch General, from the Captain of the Ship where-
in
[63]
} upon
cate.
The Treaſu
rer ſhall af
&c.
in the faid Mariners or Soldiers did ferve the Queen's
Majefty, containing the Particulars of his Hurts and
Services; (5) which Certificate ſhall be alfo allowed Allowance of
the Certifi-
by the General Muſter-Maſter for the Time being, re-
fident here within this Realm, or Receiver General of
the Muſter Rolls, the Treaſurer and Comptroller of
Her Majeſty's Navy, under his Hand, for the avoid-
ing of all Fraud and Counterfeiting; (6) Then
fuch Certificate, fuch Treaſurers as are before expreff-ign Relief to
ed, ſhall according to the Nature of his Hurt and the Soldier,
Commendation of his Service, affign unto him ſuch a
Portion of Relief as in their Difcretions fhall feem
convenient for his prefent Neceflity, until the next
Quarter Seffions, (7) At the which it ſhall be lawful The Justices
for the more Part of the Juftices of Peace under their of Peace
fball grant
Hands, to make an Inftrument of Grant of the fame, Relief to
or like Relief, to endure as long as this Act fhall ftand Soldiers and
or endure in Force, if the fame Soldier or Mariner fo
long live, and the fame Penfion be not duly revoked
or altered, which ſhall be a fufficient Warrant to all
Treaſurers for the fame County, to make Payment of
fuch Penſion unto fuch Perfons Quarterly, except the
fame ſhall be afterward by the faid Juftices revoked
or altered: (8) So that ſuch Relief as ſhall be affign- How much
ed by fuch Treaſurers or Juftices of Peace, to Relief fhall
to be affigned
any fuch Soldier or Mariner having not born Office to either
in the faid Wars, exceed not the Sum in grofs nor fort of Sol-
diers, or Of--
yearly Penfion of ten Pounds, nor to any that hath ficers.
born Office under the Degree of a Lieutenant, the
Sum of fifteen Pounds, nor to any that hath ſerved
in the Office of Lieutenant the Sum of twenty Pounds.
9. And
Mariners..
>
[64]
1
The Justices
may revoke
Relief.
9. And yet nevertheleſs, it ſhall and may be law-
or alter the ful to and for the Juftices of Peace and others, hav-
ing Authority by this Act, to affign Penfions to Sol-
diers and Mariners, upon any juft Cauſe to revoke,
diminiſh or alter the fame from Time to Time, ac-
cording to their Diſcretions in their general Quarter
Seffions of the Peace, or general Affemblies for Cities or
Towns Corporate where the fame Penfions ſhall be
granted.
Mariners
from the
they are to
Soldiers and 10. And whereas it must needs fall out, that many
arriving far of such hurt and maimed Soldiers and Mariners do ar-
rive in Ports and Places far remote from the Counties
Place where whence they are by Virtue of this Act to receive their
receive Re- yearly Annuities and Penfions: (2) As alfo they are
lief. prefcribed by this Act to obtain the Allowance of their
Certificates from the Mufter Mafter or Receiver Gene-
ral of the Mufter-Rolls, who commonly is like to abide
about the Court of London, fo as they fhall need at the
First, Provifion for the bearing of their Charges to fuch
Places; (3) Be it therefore enacted, that it may be law-
ful for the Treaſurers of the County where they fhall
arrive, in their Diſcretion, upon their Certificate
(though not allowed) to give them any convenient Re-
lief for their Journey to carry them to the next County,
with a Teftimonial of their Allowance, to pafs on to-
wards fuch a Place: And in like Manner fhall it be
lawful for the Treaſurer of the next County to do the
like; and fo from County to County (in the direct
Way) 'till they come to the Place where they are di-
rectly
[ 65 ]
rectly to find the Maintenance, according to the Te-
nor of this Statute.
C
11. And for the better Execution of this Act in all The Trea-
the Branches thereof, Be it enacted, that every the of Computa-
furer's Book
Treaſurers in the feveral Counties, fhall keep a true tion, and
Book of Computation of all fuch Sums as they levied, Regiſter.
and alſo a Regiſter of the Names of every fuch Perſon
unto whom they ſhall have disbursed any Relief: (2)
And ſhall alſo preſerve or enter every Certificate by War-
rant whereof fuch Relief hath been by them disburſed:
(3) And alſo that the Muſter-Mafter, or Receiver Ge- Mufter-Ma-
neral of the Mufter-Rolls, ſhall keep a Book, wherein fter fhall
keep a Book
fhall be entered the Names of all fuch whofe Certifi- of Certifi
cates fhall be by him allowed, with an Abſtract of cates.
their Certificates: (4) And that every Treaſurer re-
turning, or not accepting the Certificate brought un-
to him from the faid Mufter-Mafter, fhall write and
fubfcribe the Cauſe of his not accepting, or not allow-
ing thereof, under the faid Certificate, or on the Back
thereof.
"
12. And be it further enacted, That if any Trea- The Trea-
furer ſhall wilfully refuſe to diftribute and give any ing to give
furer refuf
Relief, according to the Form of this Act, that it Relief.
ſhall be lawful for the Juftices of Peace in their Quar-
ter Seffions to fine fuch Treaſurers by their Difcreti-
ons, as aforefaid; the fame Fine to be levied by Diſtreſs
and Sale thereof, to be profecuted by any two of
them whom they ſhall authorize.
K
13. And
[66]
Mariner
A Soldier or 13. And be it alſo enacted, That every Soldier or
taken begg-
Mariner that ſhall be taken begging in any Place with-
ing or coun- in this Realm, after the Feaft of Eafter next, or any
terfeiting a that fhall counterfeit any Certificate in this Act ex-
Certificate. preffed, fhall for ever lofe his Annuity or Penfion,
Flow the
of the Stock
and fhall be taken, deemed and adjudged as a common
Rogue or Vagabond Perfon, and fhall have and fu-
ftain the fame and the like Pains, Impriſonment and
Puniſhment as is appointed and provided for common
Rogues and Vagabond Perfons.
14. Provided always, and be it enacted, That all
Surplusage, the Surplufage of Money which ſhall be remaining in
hall be be- the Stock of any County, ſhall by the Diſcretion of
fowed.
the more Part of the Juftices of Peace in their Quarter
Seffions, be ordered, diftributed and beſtowed upon
fuch good and charitable Uſes, and in fuch Form as
are limited and appointed in the Statutes made and
now in Force, concerning Relief of the Poor, and
Puniſhment of Rogues and Beggars.
Chief Offi-
cers of Cor-
porate
15. Provided always, That the Juftice of Peace
within any County of this Realm or Wales, fhall not
Towns ſhall intromit or enter into any City, Borough, Place or
execute this Town Corporate, where is any Juftice of Peace for
At there.
any City, Borough, Place or Town Corporate, for
the Execution of any Article of this Act; (2) But that
it ſhall be lawful to the Justice and Juftices of Peace,
Mayors, Bailiffs and other Head Officers of thoſe Ci-
ties, Boroughs, Places and Towns Corporate where
there
I 67 ]
there is any Juftice of Peace, to proceed to the Exe-
cution of this Act within the Precinct and Compaſs of
their Liberties, in fuch Manner as the Juftices of Peace
in any County may do by Virtue of this Act: (3)
And that every Juftice of Peace within every fuch
City, Borough, Place or Town Corporate, for every
Offence by him committed, contrary to the Meaning
of this Statute ſhall be finable, as other Juftices of
Peace at the Large in the Counties are in this A&t
appointed to be: (4) And that the Mayor and Juftices
of Peace in every fuch City, Borough, Place and Town
Corporate, fhall have Authority by this preſent Act,
toappoint any Perfon for the receiving of the faid Money,
and paying the fame within ſuch City, Borough, Place
or Town Corporate; which Perfon fo appointed, fhall
have Authority to do all fuch Things, and be fubject
to all fuch Penalties as High Conftables by virtue of
this Act ſhould have or be.
Forfeitures
16. And be it enacted, That all Forfeitures to be How the
forfeited by any Treafurer, Collector, Conftable, fall be enr
Church-Warden, or other Perfon, for any Cauſe men-ployed.
tioned in this Act, fhall be employed to the Relief of
fuch Soldiers, and Mariners, as are by this Act appoint-
´ed to take and have Relief: (2) And after that Relief
fatisfied, then the Overplus thereof, with the Over-
plus of the Stock remaining in any the faid Treafu-
rers Hands, fhall be employed, as is before mentioned,
to the charitable Ufes expreffed in the faid Statutes,
concerning the Relief of Poor, and for Puniſhment
of Rogues and Beggars, (except the ſaid Juſtices, or
the
K 2
[68]
given to
the more Part of them, fhall think meet to reſerve
and keep the fame in Stock for the Maintenance and
Relief of fuch Soldiers and Mariners, as out of the fame
County may afterward be appointed to receive Re-
Out of what lief and Penfions:) (3) And that the Relief appointed
County Re- to be given by this Act, ſhall be given to Soldiers and
lief ſhall be
Mariners out of the County or Place where they were
Soldiers and preffed, fo far forth as the Taxation limited by this Act
Mariners. will extend: (4) And if the whole Taxation there
fhall be before employed, according to the Meaning
of this Act, or that they ſhall not be preſt Men, then
out of the Place where they were born, or laſt inha-
bited by the Space of three Years, at his or their
Election.
A Provifion
if the Rate
London.
19. Provided always, and be it enacted by the Au-
be not fuffi- thority aforefaid, That if the faid Rate ſhall be thought
cient for the not to be fufficient for the Relief of fuch Soldiers and
Soldiers and Mariners as fhall be to be relieved within the City of
Mariners in London, that then it ſhall be lawful for the Mayor,
Recorder and Aldermen of London, or the more Part
of them, to rate and tax fuch reaſonable Tax, Sum
and Sums of Money for the faid Relief, as fhall be
to them thought fit and convenient: So as fuch Sum
and Sums of Money fo to be rated, do not exceed
three Shillings Weekly out of any Pariſh, and ſo as in
the Total, the Sum fhall not exceed or be under
twelve Pence Weekly out of every Parifh, one with
another, within the faid City, and the Liberties there
of...
{
20. This
[ 69 ]
20. This Act to endure to the End of the next Sef-
fion of Parliament, and no longer. Continued by 3
Car. I. C. 4. and 16 Car. I. C. 4.
Anno 12mo Car. II. C. 18..
→
An Act for the encouraging and increafing
of Shipping and Navigation.
I.
+
ported from
rica, but in ·
three
Fo R the Increaſe of Shipping, and Encourage- No Goods
ment of the Navigation of this Nation, wherein, shall be im
under the good Providence and Protection of God, the Afia, Afri
Wealth, Safety and Strength of this Kingdom is foca, or Ame-
much concerned; (2) Be it enacted by the King's moſt Engliſh
Excellent Majeſty, and by the Lords and Commons Ships, be--
in this prefent Parliament affembled and by the Au-longing only
to Engliſh,
thority thereof, That from and after the firſt Day of &c. And the
December, one Thouſand fix Hundred and Sixty, and Master and
from thence forward, no Goods or Commedities what- Fourths of
foever ſhall be imported into, or exported out of any the Mari-
Lands, Iflands, Plantations, or Territories to His Maners, Eng-
jeſty belonging, or in his Poffeffion, or which may By 13 and
hereafter belong unto, or be in the Poffeffion of His 14 Car. I.
Majefty, his Heirs and Succeffors, in Afia, Africa, or C. 11. S.6.
America, in any other Ship or Ships, Veffel or Veffels built Ships
whatſoever, but in fuch Ships or Veffels as do truly hall have
and without. Fraud belong only to the People of lege of Ships
England, belonging to
liſh, &c.
No Foreign-
the Privi-
[ 70 ]
though own-
ed and mun-
what they
bave been
during the
whole Voy-
age.
And Note,
7 and 8 W.
III. C. 22.
England or England, or Ireland, Dominion of Wales, or Town
Ireland, of Berwick upon Tweed, or are of the Built of, and
belonging to any the faid Lands, Iflands, Plantations
ned by Eng- or Territories, as the Proprietors and right Owners
lifh, except,
&c. And thereof, and whereof the Mafter and three Fourths of
thereby the the Mariners at leaſt are English; (3) Under the Pe-
Number of
the Mari nalty of the Forfeiture and Lofs of all the Goods and
ners fhall be Commodities, which fhall be imported into, or ex-
accounted,
ported out of any the aforefaid Places in any other
according to
Ship or Veffel, as alfo of the Ship or Veffel, with all
it's Guns, Furniture, Tackle, Ammunition and Ap-
parel; one third Part thereof to His Majefty, his Heirs
and Succeffors; one third Part to the Governor of fuch
Land, Plantation, Ifland or Territory where fuch
Default ſhall be committed, in caſe the ſaid Ship or
S. 2. 3. 17. Goods be there feized, or otherwife that third Part
con-
&c, com alfo to His Majefty, his Heirs and Succeffors; and the
cerning Re-
giftring,&c. other third Part to him or them who fhall feize, in-
--- And Ex-form, or fue for the fame in any Court of Record, by
as to Prize Bill, Information, Plaint, or other Action, wherein
Ships. no Effoign, Protection, or Wager of Law fhall be al-
lowed; (4) And all Admirals, and other Commanders
at Sea of any the Ships of War or other Ship, having
Commiffion from His Majefty, or from his Heirs or
Succeffors, are hereby authorized, and ftrictly requir-
ed to feize and bring in as Prize, all fuch Ships or
Veffels as
fhall have offended contrary hereunto,
and deliver them to the Court of Admiralty, there to
be proceeded againſt; and in caſe of Condemnation,
one Moiety of fuch Forfeitures fhall be to the Ufe of
fuch Admirals or Commanders and their Companies,
ception, &c.
to
[ 7 ]
to be divided and proportioned amongſt them accord-
ing to the Rules and Orders of the Sea in cafe of Ships
taken Prize; and the other Moiety to the Ufe of His
Majeſty, his Heirs and Succeffors.
of the
&c. not ta
land, Ire-
1
18. And it is further enacted by the Authority Sugars, To
aforefaid, That from and after the firft Day of April bacco, &c.
which ſhall be in the Year of Our Lord One thou- Growth
fand Six hundred Sixty-one, No Sugars, Tobacco, America,
Cotton-Wool, Indicoes, Ginger, Fuftick, or other be exported
Dying Wood of the Growth, Production, or Manu- from thence,
&c. unleſs
facture of any English Plantations in America, Afia, to other
or Africa, fhall be fhipped, carried, conveyed or Engliſh
tranfported from any the faid English Plantations to Plantations,
any Land, Iſland, Territory, Dominion, Port or Place or to Eng-
whatſoever, other than to fuch other English Planta- land, &c.
tions as do belong to his Majeſty, his Heirs and Suc- By 22 and
ceffors, or to the Kingdom of England, or Ireland, C. 26. S.
or Principality of Wales, or Town of Berwick upon 10, and 11
Tweed, there to be laid on Shore, (2) under the Pe- land.
nalty of the Forfeiture of the faid Goods, or the full Note, By
Value thereof, as alfo of the Ship, with all her Guns, Several ſub-
Sequent Sta-
Tackle, Apparel, Ammunition and Furniture; the tutes, divers
one Moiety to the King's Majefty, his Heirs and Suc- other Thing:
ceffors, and the other Moiety to him or them that Growth,
ſhall ſeize, inform or fue for the fame in any Court &c. of the
of Record, by Bill, Plaint or Information, wherein Plantations,
no Effoign, Protection or Wager of Law fhall be al- enumerated.
lowed.
23 Car. II.
Not to Ire-
of the
are made
Commodi-
ties,
19. And
[ 72 ]
Plantation-
Bonds to be
modities in
King of
19 And be it further enacted by the Authority
taken for aforefaid, That for every Ship or Veffel, which from
landing the and after the five and twentieth Day of December, in
faid Com- the Year of our Lord one Thouſand fix Hundred and
the Domini- Sixty, fhall fet Sail out of, or from England, Ireland,
ons of the Wales, or Town of Berwick upon Tweed, for any
England. English Plantation in America, Afia, or Africa,
fufficient Bond ſhall be given with one Surety to the
chief Officers of the Cuftom-houſe of fuch Port or
Place from whence the faid Ship fhall fet Sail, to the
Value of one Thouſand Pounds, if the Ship be of leſs
Burthen than one Hundred Tons; and of the Sum of
two Thouſand Pounds, if the Ship be of greater Bur-
then, That in cafe the faid Ship or Veffel ſhall load
any of the faid Commodities at any of the faid Eng-
lib Plantations, that the fame Commodities fhall be
by the faid Ship brought to fome Port of England,
Ireland, Wales, or to the Port or Town of Berwick
upon Tweed, and ſhall there unload and put on Shore
the fame, the Danger of the Seas only excepted: (2)
And for all Ships coming from any other Port or Place
to any of the aforefaid Plantations, who by this Act
are permitted to trade there, that the Governor of fuch
English Plantations ſhall before the faid Ship or Veffel
be permitted to load on board any of the faid Com-
modities, take Bond in Manner, and to the Value
aforeſaid, for each reſpective Ship or Veffel, that fuch
Ship or Veffel fhall carry all the aforefaid Goods that
ſhall be laden on board in the faid Ship to fome
other of his Majeſty's Engliſh Plantations, or to Eng-
land
[73]
C.26.S.11.
Provifions
land, Ireland, Wales, or Town of Berwick upon By 22 and
Tweed: (3) And that every Ship or Veffel which fhall 23 Car. II.
load or take on Board any of the aforefaid Goods, the Word
until fuch Bond given to the faid Governor, or Cer- Ireland' to
be left out of
tificate produced from the Officers of any Cuftom-fuch Bonds.
houfe of England, Ireland, Wales, or of the Town of Further
Berwick, that fuch Bonds have been there duly given, relating to
fhall be forfeited with all her Guns, Tackle, Apparel fuch Bonds,
and Furniture, to be imployed and recovered in Man- by 7 and 8
ner as aforefaid: And the faid Govorners, and every of 22. S. 13.
them ſhall twice in every Year after the firft Day of
January, one Thouſand fix Hundred and Sixty, re-
turn true Copies of all fuch Bonds by him ſo taken,
to the chief Officers of the Cuftoms in London. Con-
tinued by 13 Car. II. St. 1. C. 14.
W. III. C.
Anno 12mo Car. II. C. 32.
An Act for prohibiting the Exportation of
Wool, Wool-fells, Fullers-Earth, or any
kind of Scouring-Earth.
Fo OR the better preventing and avoiding of fuch
Loffes and Inconveniences as have happened, and
daily do and may happen to the Kingdom of Eng-
land, and Dominion of Wales, and to the Kingdom of
Ireland, by and through the fecret and fubtil Exporta-
tion and Tranſportation, and by and through the fecret
L
and
[ 74 ]
and fubtil Carrying and Conveying away of Wool,
Wool-fells, Mortlings, Shorlings, Yarn made of Wool,
Wool-flocks, Fullers-Earth and Fulling-Clay, out of,
and from the Kingdoms and Dominion aforefaid, and
for the better fetting on Work the poor People and In-
habitants of the Kingdoms and Dominion aforefaid; (2)
And to the Intent that the full and beft Ufe and Be-
nefit of the Principal native Commodities of the fame
Kingdoms and Dominion may come, redound, and be
unto and amongst the Subjects and Inhabitants of the
fame, and not unto or amongst the Subjects and Inhabi-
tants of the Realm of Scotland, or of any foreign
Realms, or States as the fame now of late in fome great
Meaſure bath done, and is further likely to do, if fome
feverer Punishment than heretofore be not speedily in-
flicted upon fuch Offenders as ſhall be Actors or Affift-
ants in and to fuch Exportation and Transportation, and
in and to fuch Carrying and Conveying away thereof,
No Perfon as aforefaid; (3) Be it enacted by the King's moſt
ball export Excellent Majefty, the Lords and Commons in this
any Sheep or
Wool,Wool-prefent Parliament aſſembled, and by the Authority
fells, Mort- of the fame, That no Perfon or Perfons whatſoever,
lings, Shor-
from and after the fourteenth Day of January, one
lings, Yarn,
Wool-flocks, Thoufand fix Hundred and Threefcore, fhall directly
Fullers- or indirectly export, tranfport, carry or convey, or
king-Clay. caufe or procure to be exported, tranfported, carried
or conveyed out of, or from the Kingdom of Eng-
land, or Dominion of Wales, or Town of Berwick
upon Tweed, or out of, or from the Ifles of Jersey or
Guernſey, with Sarke and Alderney, being under the
Government of Guernſey aforefaid, or out of, or from
Earth, Ful-
P
1
>
+
any
[ 75 ]
board any
der to be fa
any of them, or out of, or from the Kingdom of Ire-
land aforefaid, into any Parts or Places out of the
Kingdoms, Ifles, or Dominion aforefaid, any Sheep
or Wool whatſoever, of the Breed or Growth of the
Kingdoms of England or Ireland, or Ifles, or Domi-
nion aforefaid; (4) Or any Wool-fells, Mortlings or
Shorlings, or any Yarn made of Wool, or any Wool-
flocks, or any Fullers-Earth, or Fulling-Clay whatſo-
ever; (5) Nor fhall directly or indirectly pack or load, Nor carry,
or caufe to be packed or loaded upon any Horſe,
load, or
Cart, or other Carriage, or load or lay on board, or Sheep,Wool,
cauſe to be loaden or laid on board, in any Ship or &c. in Or-
other Veffel, in any Place or Port within the King- exported.
doms of England or Ireland or Town of Berwick, or
Ifles, or Dominion aforefaid, any fuch Sheep, Wool,
Wool-fells, Mortlings, Shorlings, Yarn made of Wool,
or Wool-flocks, or any Fullers-Earth, or Fulling-Clay,
to the Intent or Purpoſe to export, tranſport, carry or
convey the fame, or to caufe the fame to be export-
ed, tranſported, carried or conveyed out of the King-
doms of England or Ireland, Town of Berwick, Ifles,
or Dominion aforefaid, or with Intent or Purpoſe,
that any other Perfon or Perfons fhould fo export,
tranſport, carry or convey the fame into any Parts or
Places out of the Kingdoms of England and Ireland,
Town of Berwick, Ifles, or Dominion aforefaid, into
the Kingdom of Scotland, or any foreign Parts.
&c. to be
2. And be it further enacted by the Authority No Wool,
aforefaid, That no Wool, Wool-fells, Mortlings, Shor- Wool-fells
lings, Yarn made of Wool, Wool-flocks, or any Ful- carried out
lers-Earth, of England,
L 2
[ 76 ]
Wales,
Ireland,
&c. except
&c.
The Penal-
ties.
lers-Earth, Fulling-Clay, ſhall be from and after the
fourteenth Day of January, in the Year of our Lords
one Thouſand ſix Hundred and Sixty, exported, tranf-
ported, carried or conveyed out of the Kingdom of
England and Dominion of Wales, or Town of Ber-
wick, or Kingdom of Ireland, or out of any Port, or
Place of the faid Kingdoms reſpectively, unto the
Ifles of Jerſey or Guernsey, or to Sarke, or Alderney,
except as in this Act ſhall be hereafter limited, or ap-.
pointed.
1
3. And be it further enacted by the Authority afore-
faid, That all and every the Offender and Offenders, Of-
fence and Offences aforefaid, fhall be fubject and liable to
the reſpective Pains, Penalties and Forfeitures hereaf-
ter following, that is. to ſay, the ſaid Sheep, Wools,
Wool-fells, Mortlings, Shorlings, Yarn made of Wool,
Wool-flocks, Fullers-Earth, and Fulling Clay fo ex-
ported, tranſported, carried, conveyed, packed or
loaden contrary to the true Intent of this Act, fhall be
forfeited; (2) And that every Offender and Offenders
therein ſhall forfeit twenty Shillings for every fuch
Sheep, and three Shillings for every Pound weight of
fuch Wool, Wool-fells, Mortlings, Shorlings, Yarn
made of Wool, Wool-flocks, Fullers-Earth, or Full-
ing-Clay; (3) And alfo the Owners of the faid Ships
or Veffels knowing fuch Offence, fhall, forfeit all their
Intereſt in the ſaid Ships or Veffels, with all their Ap-
parel and Furniture to them and every of them belong-
ing; (4) And that the Mafter and Mariners thereof,
knowing fuch Offence, and wittingly and willingly aid+
↓
1
ing;
[ 77 ]
ing and affifting thereunto, fhall forfeit all their Goods
and Chattels, and have Impriſonment for the fame
three Months without Bail or Mainprize; (5) The one
Moiety of which faid Penalties and Forfeitures fhall
be to the King's Majefty, his Heirs and Succeffors,
and the other Moiety to him that will fue for the fame
by Action of Debt, Bill, Plaint or Information in any
of His Majeſty's Courts of Record, or before the Jufti-
ces of Affize, or in the general Quarter Seffions of the
Peace: In which Suit no Effoign, Protection or Wa-
ger of Law fhall be allowed.
J
1.
Merchant
port Wools
4. And be it further enacted, That if any Mér- The Penalty ·
chant or other Perfon or Perſons ſhall after the faid upon any
fourteenth Day of January, tranfport or cauſe to be tranf- &c. that
ported any Sheep, Wool, Wool-fells, Mortlings, Shorl-hall iranf
ings, Woollen Yarn, Wool-flocks, Fullers-Earth, or c.
Fulling-Clay, contrary to the true Intent of this Act,
and be thereof lawfully convicted, that then he ſhall
be diſabled to require any Debt or Account of any
Factor or others, for or concerning any Debt or Eſtate
properly belonging to fuch Offender: (2) Provided Provifo.
always, and it is nevertheleſs declared, That this Act,
or any Thing therein contained fhall not be con-
ftrued to take away any greater Pains or Penalties in-
flicted, or to be inflicted for any the Offences aforefaid,
by virtue of any former Act of Parliament now in
Force
5. And:
[ 78 ]
gainst this
Offences a- 5. And be it alſo further enacted by the Authority
A where aforefaid, That every Offence that fhall be done or
to be tried. committed contrary to this Act, fhall and may be in-
Alt
Profecution
to be within
committed.
quired of and heard, examined, tried, and determin-
ed in the County where fuch Sheep, Wool-fells,
Mortlings, Shorlings, Yarn made of Wool, Wool-
flocks, Fullers-Earth, or Fulling-Clay refpectively
fhall be fo packed, loaden, or laid aboard, as afore-
faid, contrary to this Act, or elſe in the County where
fuch Offenders fhall happen to be apprehended, or
arreſted for fuch Offence, in fuch Manner and Form,
and to fuch Effect to all Intents and Purpoſes, as if
the fame Offence had been wholly and altogether
done and committed at and in fuch County.
6. Provided always, and be it enacted, by the Au-
à Year after thority aforefaid, That no Perfon or Perſons whatſo-
the Offence ever ſhall at any Time hereafter be impeached for any
By 9. and Offence aforefaid, unleſs fuch Perfon or Perfons fhall
10.W. III. be profecuted within the Space of one Year next en-
The Profe- fuing fuch Offence committed.
C.40. S. 9.
cution may be
within three
Years.
may ſeize
Goods con-
3
7. And be it further enacted by the Authority
Any Perfon aforefaid, That it fhall and may be lawful to and for
any Perſon or Perfons to feize, take and challenge to
trary to this his or their own Uſe and Behoof, and to the Ufe of the
At, with King, his Heirs and Succeffors, all and all Man-
Intent to be ner fuch Sheep, Wool, Wool-fells, Mortlings, Shorlings,
&c. and Yarn made of Wool, Wool-flocks, Fullers-Earth, and
fhall have Fulling-Clay, as he or they ſhall happen to fee, find,
the Moiety know or difcover to be laid aboard in any Ship or
thereof.
transported
other
[ 79 ]
*
other Veffel-or Boat, or to be brought, carried or laid
on Shore at or near the Sea, or any navigable River or
Water, to the Intent or Purpoſe to be exported or con-
veyed out of the Kingdoms of England or Ireland,
Town of Berwick, Ifles, or Dominion aforefaid, con-
trary to the true Meaning of this Act, or to be packed
or loaden upon any Horſe, Cart, or other Carriage,
to the Intent or Purpoſe to be conveyed or carried in-
to the Kingdom of Scotland aforefaid; (2) And that
fuch Perfon or Perfons as fhall happen fo to feize,
take or challenge any fuch Sheep, Wool, Wool-fells,
Mortlings, Shorlings, Yarn made of Wool, Wool-flocks,
Fullers-Earth, or Fulling-Clay, as aforefaid, fhall have
the full Moiety thereof to all Intents and Purpoſes.
8. Provided always, That fuch Perfon or Perfons Provifo,
as fhall make any fuch Seizure or Challenge aforefaid fuch Perfons
Shall not be
to his or their own Ufe, fhall not be admitted or al- Evidence a-
lowed to give in Evidence upon his or their Oath or gainst the
Oaths, againſt any Perſon or Perſons which ſhall hap- Offender.
pen to be indicted, accufed or queftioned by virtue of
this Act, or any Thing therein contained.
9. And furthermore, Be it enacted by the Autho- Forfeiture
of the Ships,
rity aforefaid, That all and every Ship, Veffel, Hulk, if the Owner
Barge or Boat, of what kind foever, whereof any be an Alien,
Alien-born, or whereof any Natural-born Subjects not or not inba-
biting in
inhabiting within the Realm of England, fhall be England.
Owner or Part-owner, and wherein any Sheep, Wool,
Wool-fells, Mortlings, Shorlings, Yarn made of Wool,
Wool-flocks, Fullers-Earth, or Fulling-Clay, fhall
happen
[ 80 ]
Lamb-Skin
drefs'd.
Provifo.
happen to be Shipped, put or laid on aboard, contrary
to the true Meaning of this Act, fhall be forfeited to
the King's Majefty, his Heirs and Succeffors.
10. Provided always, That this A&t ſhall not ex-
tend to any Lamb-Skin ready drefs'd and prepared fit
and uſeful for Fur or Linings.
11. Provided alfo, That this Act ſhall not in any
wife extend to the Tranſporting, Carrying or Convey-
ing away of any fuch Wool-fells or Pelts, with fuch
Wool upon them, or to any Beds ftuffed with Flocks,
which fhall be carried or imployed in any Ship or
other Veffel for neceffary Ufe only, of and about the
Ordnance or other Thing in or concerning fuch Ship
or Veffel, or only for the neceffary Ufe of any the
Perfons in fuch Ship or Veffel paffing or being, and
which fhall not be fold or uttered in any foreign
Parts out of the Kingdoms of England or Ireland, or
Town of Berwick, Ifles or Dominion aforefaid; (2)
Berwick. Nor to the Exporting, Carrying or Conveying of any
Wether-Sheep, or of the Wool growing upon any fuch
Wether-Sheep, to be carried alive in any Ship or other
Veffel, for and towards the only neceffary Food and
Diet of or for the Company or Paffengers, or other
Perfons therein, and for and towards none other Pur-
poſe.
Ireland.
12. Provided
[ 81 ]
}
هي
ton.
12. Provided always, and be it further enacted, Provifo.
That this Act, or any Thing therein contained, Southamp
ſhall not extend to any fuch Wool to be exported or Jerfey.
tranfported out of, or from the Port of Southampton, Guernſey.
only unto the aforefaid Ifles of Jersey and Guernsey,
by, or for the only Ufe or Behoof of any the Inhabi-
tants of the faid Iſles of Jerſey and Guernſey, or either
of them, or to any fuch Wool to be ſhipped or loaden
aboard in any Ship or other Veffel, by or for the
only Uſe or Behoof of any the Inhabitants of the ſaid Ifles
of Ferfey or Guernſey, or either of them, in the Port
aforefaid, to be exported and tranfported into the faid
Inles of Jerſey or Guernſey, or either of them; fo as
fuch Perfon and Perſons that ſhall ſo ſhip or lay aboard
fuch Wool into any Ship or other Veffel, do before
the ſhipping or laying aboard fuch Wool, deliver unto
the Cuſtomer, Comptroller, Surveyor, or Searcher of
the Port of Southampton aforefaid (out of which
the fame Wool is to be exported) a Writing un-
der the Seal or Seals of the reſpective Governors of the
fame Ifles of Jerſey and Guernsey, unto which the faid
Wool is to be tranfported, or of his or their Deputy
or Deputies reſpectively, the which. Writing fhall pur-
port and expreſs that the Party named in fuch Writing
is authorized and appointed to export or cauſe to be
exported out of the Port aforefaid, fo much Wool,
expreffing the Number of the Tods, to the fame Ifle,
to be uſed or manufactured in one of the fame Ifles or
in fome of the Members or Parts of the fame, and that
fuch Party fo authorized and appointed to export, or
cauſe
M
[82]
&c.
caufe to be exported that Wool, hath before the mak-
ing and fealing of that Writing, entred into fufficient
Bond to his Majefty's Ufe for the landing of the faid
Enlarged as Wool in that. Hle. (2) And to the Intent that the
to Jerley, Quantity of Wool to be exported out of the Port of
By W. and Southampton aforefaid into the faid Ifles or either of
M. Seff. 1 them, in any one Year, accounting the Year to
C.32. S.14. begin from the firft Day of January next enfu-
ing, and fo yearly from the firft Day of January,
may not exceed the Quantity hereunder ſpecified,
that is to fay, unto the Ile of Jerfey, two Thoufand
Tods and no more of unkembed Wool, and unto
Guernſey, one Thouſand Tods and no more of un-
Alderney. kembed Wool, and unto Alderney, two Hundred
Tods and no more of unkembed Wool, and unto
Sarke. Sarke, one Hundred Tods of unkembed Wool and no
more, every Tod not exceeding thirty-two Pounds.
Articles to
Y
7
Anno 13° Car. II. St. 1. Cap. 9.
An Act for the eſtabliſhing Articles and Ör-
ders for the regulating and better Govern-
ment of His Majefty's Navies, Ships of
War and Forces by Sea.
1 *
be obferved. FOR the regulating and better Government of His
Majefty's Navies, Ships of War and Forces by
Sea, wherein under the good Providence and Protection
of
[83]
of God, the Wealth, Safety and Strength of this King-
dom is so much concerned; (2) Be it enacted by the
King's moft Excellent Majefty, with the Advice and
Confent of the Lords and Commons in this preſent
Parliament affembled, and by the Authority thereof,
That all and every the Articles and Orders in this Act
mentioned, fhall be duly and refpectively put in Exe-
cution, obferved and obeyed in Manner hereafter
mentioned.
1
I.
(3) That all Commanders, Captains and Officers at
Sea, fhall cauſe the publick Worſhip of Almighty God,
according to the Liturgy of the Church of England, efta-
bliſhed by Law, to be folemnly, orderly and reverent-
ly performed in their reſpective Ships: And that Pray-
ers and Preachings by the refpective Chaplains in ho-
ly Orders, of the reſpective Ships, be performed dili-
gently; and that the Lord's Day be obferved accord-
ing to Law.
II.
The publick
Worship of
God.
Drunken-
Every Perfon and Perfons in his Majefty's Pay, Swearing,
ufing unlawful and rafh Oaths, Curfings, Execrations, ness, &c.
Drunkennefs, Uncleannefs, or other Scandalous Acti-
ons, in Derogation of God's Honour, and Corruption
of good Manners, fhall be puniſhed by Fine, Impri-
fonment or otherwife, as the Court Martial fhall think
fit.
M 2
ነነ
III. If
[ 84 ]
Holding any
III.
If any Officer, Mariner, Soldier or other Perfon in
foreign In the Fleet, fhall give, hold or entertain Intelligence to,
telligence.
or with any King, Prince or State, being Enemy to,
or any Perfons in Rebellion againſt His Majefty, his
Heirs and Succeffors, without Direction or Leave from
the King's Majefty, the Lord High Admiral,, Vice-
Admiral, or Commander in chief of any Squadron,
every fuch Perfon or Perfons fo offending, fhall be
puniſhed with Death.
Letters or
IV.
་ ༣
វ
If any Letter or Meffage from any King, foreign
Mellages Prince, State or Potentate, being an Enemy to the
from any fo-
reign Prince King's Majefty, his Heirs and Succeffors, or on their
&c. Enemy Behalf, be conveyed to any inferior Officer, Mariner
to the King.
or Soldier, or other in the Fleet, and the faid Officer,
Mariner, Soldier, or other, as aforefaid, do not with-
in twelve Hours (having Opportunity fo to do) ac-
quaint the fuperior Commander with it; or if a fu-
perior Officer, or Mariner, being acquainted therewith
by an inferior Officer, Mariner, or other, or himſelf
in his own Perſon, receiving a Letter or Meffage from
any fuch Enemy or Rebel, and ſhall not in convenient
Time reveal the fame to the Admiral, Vice-Admiral,
or the Commander of the Squadron, every fuch Per-
fon fhall be puniſhed with Death, or fuch other Pu-
niſhment as the Court Martial ſhall think fit.
V. No
[ 85 ]
V.
No Perfon or Perſons of the Fleet ſhall relieve an Relieving of
Enemy or Rebel in Time of War, with Money, any Enemy,
Victuals, Powder, Shot, Arms, Ammunition, or any
other Supplies whatſoever, directly, or indirectly, upon
Pain of Death, or fuch other Puniſhment as the Court
Martial fhall think fit to impoſe,
VI.
All the Papers, Charter-Parties, Bills of Lading, Papers,
Paſs-Ports, and other Writings whatſoever, that ſhall Charter-
parties, &c.
be taken, feized or found aboard any Ship or Ships taken in any
which ſhall be furprized or feized as Prize, fhall be Ship feized
duly preſerved, and not torn, nor made away, but as Prize.
the very Originals fent up intirely, and without Fraud,
to the Court of Admiralty, or fuch other Commiffi-
oners as fhall be appointed for that Purpoſe, there to
be viewed, made ufe of, and proceeded upon according
to Law, upon Pain of Lofs of all the Shares of the
Takers, and fuch further Puniſhment to be inflicted
upon the Offenders therein, as the Quality of their
Offence and Miſdemeanor fhall be found to deferve,
and the Court Martial ſhall impoſe.
{
VII.
•
or Gaods
None in His Majefty's Pay fhall take out of any Prize Ships
Prize, or Ship, or Goods feized on for Prize, any eized for
Money, Plate, Goods, Lading or Tackle, before Judg- Prize.
ment thereof firſt paſt in the Admiralty Court, but
the full and intire Account of the Whole, without
Imbezel--
[86]
Imbezelling
any Cables,
Anchors,
&c.
as Prize not
fiftance.
Imbezelment, ſhall be brought in, and Judgment paſt
intirely upon the Whole, without Fraud, upon Pain
of fuch Punishment as fhall be impofed by a Court
Martial, or the Court of Admiralty; excepting,
that it ſhall be lawful for all Captains, Seamen, Sol-
diers and others, ferving, as aforefaid, to take and to have
to themſelves as Pillage, without further or other Ac-
count to be given for the fame, all fuch Goods and
Merchandizes, (other than Arms, Ammunition,
Tackle, Furniture or Stores of fuch Ship) as fhall be
found by them, or any of them, in any Ship (they
fhall take in Fight or Prize) upon or above the Gun-
Deck of the faid Ship, and not otherwife,
VIII.
None ſhall imbezle, ſteal or take away any Cables,
Anchors, Sails, or any of the Ship's Furniture, or any
of the Powder, or Arms or Ammunition of the Ship,
upon Pain of Death, or other Puniſhment, as the Qua
lity of the Offence ſhall be found by a Court Martial
to deſerve.
IX.
Foreign If any foreign Ship or Veffel fhall be taken as Prize,
Ships taken that fhall not fight or make Refiftance, that in that
making Re- Cafe, none of the Captains, Maſters or Mariners being
Foreigners fhall be ftripped of their Cloaths, or in any
fort pillaged, beaten, or evil intreated, upon Pain that
the Perfon or Perfons fo offending fhall forfeit double
Damages; but the faid foreign Ships, and all the
Goods fo taken, fhall be preſerved intire, to receive
Judgment
E
[ 87 ]
Judgment in the Admiralty Court, according to
Right and Juſtice.
B
7
X.
Every Captain or Commander, who upon Signal The Duty of
or Order of Fight, or View, or Sight of any Ships of Captains,
the Enemy, Pirate or Rebel, or likelihood of Engage- upon Signal
ment, fhall not put all Things in the Ship in a fit Pof-of Fight.
ture for Fight, and fhall not in his own Perfon, and
according to his Place, hearten and encourage the in-
ferior Officers and common Men to fight courageouf-
ly, and not to behave themſelves faintly, fhall be
cafhiered; and if he or they fhall yield to the Enemy, Not to yeild
Pirate or Rebels, or cry for Quarter, he or they fo do- or cry for
ing ſhall ſuffer the Pains of Death, or fuch other Pu- Quarter.
niſhment as the Offence fhall deſerve.
}
XI.
the Com-
Every Captain, Commander, and other Officer, Sea- All Officers
man or Soldier of any Ship, Frigate or Veffel of War, hall obferve
ſhall duly obſerve the Commands of the Admiral, or mands of the
other his Superior or Commander of any Squadron, Admiral.
as well for the affailing or Setting upon any Fleet,
Squadron, or Ships of the Enemy, Pirate, or Rebels, or
joining 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 Puniſhment as the Quality of his
Neglect or Offence fhall deferve.
}
XII. Every
[ 88 ]
Officers,&c.
that in Time
XII.
Every Captain, and all other Officers, Mariners and
of Fight ſhall Soldiers of every Ship, Frigate or Veffel of War, that
withdraw, fhall in time of any Fight or Engagement, withdraw
or not fight. or keep back, or not come into the Fight and engage,
Officers and
Ships ap
pointed for
Convoy,
their Duty.
and do his Utmoft to take, fire, kill and endamage
the Enemy, Pirate or Rebels, and affiſt and relieve all
and every of His Majefty's Ships, fhall for ſuch Of-
fence of Cowardice or Difaffection, be tried and fuffer
Pains of Death, or other Puniſhment, as the Circum-
ftances of the Offence fhall deferve, and the Court
Martial fhall judge fit.
1
XIII.
:
·
The Captains, Officers and Seamen of all Ships,
appointed for Convoy and Guard of Merchant Ships,
or any other, fhall diligently attend upon that Charge,
without Delay, according to their Inftructions in that
Behalf; and whofoever fhall 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 thoſe in
their Convoy to Hazard and Peril, or fhall demand
and exact any Money or other Reward from any
Merchant or Mafter, for convoying of any fuch Ships,
or other Veffels belonging to His Majefty's Subjects,
fhall be condemned to make Reparation of the Da-
mage to the Merchants, Owners and others, as the
Court
[89]
Court of Admiralty fhall adjudge, and alſo be pu- Penalty of
niſhed criminally, according to the Quality of their Non-Per-
Offences, be it by Pains of Death, or other Puniſh-formance.
ment, according as fhall be adjudged fit by the Court
Martial.
XIV.
Enemy, or
Whatſoever Perfon or Perfons, in, or belonging The Penalty
to the Fleet, either through Cowardice, Negligence, for not
or Difaffection, ſhall forbear to purſue the Chace of Chacing an
any Enemy, or Pirate, or Rebel beaten, or flying, not relieving
or ſhall not relieve or affiſt a known Friend in View,
to the utmoſt of his Power, fhall be puniſhed with
Death, or otherwiſe, as a Court Martial ſhall
think fit.
XV.
a Friend.
When at any Time Service or Action ſhall be com- Service com-
manded, `no Man fhall preſume to ſtop or put back-manded ſhall
not be stopp'd
ward, or difcourage the faid Service and Action, by or discourag-
Pretence of Arrears of Wages, or upon any Pretence ed on Ac-
of Wages whatſoever, upon Pain of Death.
XVI.
count of
Wages.
Truſt, or
All Sea-Captains, Officers and Seamen that fhall None ball
betray their Truft, or turn to the Enemy, Pirate or betray their
Rebels, and either run away with their Ship or any turn or yield
Ordnance, Ammunition or Provifion, to the weak- to the Ene-
ning of the Service, or yield the fame up to themy.
Enemy, Pirate or Rebels, fhall be puniſhed with
Death.
N
XVII. All
[90]
Deferting
XVII.
t
፡
All Sea-Captains, Officers or Mariners, that ſhall
the Service, defert the Services, or their Employment in the Ships,
or running
away.
Spies.
Sedition,.
Mutiny.
Concealers
or mutinous
or fhall run away, or intice others fo to do ſhall be
puniſhed with Death.
XVIII.
1
All Perfons whatſoever that ſhall come, or be found
in the Nature of Spies, to bring any feducing Letters
or Meffages from any Enemy or Rebel, or fhall at-
tempt 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 Ship or Ammu-
nition, or turn to the Enemy or Rebel, fhall be pu-
niſhed with Death.
XIX.
No Perſon in or belonging to the Fleet, fhall utter
any Words of Sedition or Mutiny, nor make or en-
deavour to make any mutinous Affemblies upon any
Pretence whatſoever upon Pain of Death.
XX.
No Perfon in or belonging to the Fleet, ſhall con-
of traiterous ceal any traiterous or mutinous Practices, Defigns
Practices or or Words, or any Words ſpoken by any to the Pre-
Words. judice of his Majefty or Government, or any Words,
Practices or Defigns tending to the Hindrance of the
Service, but fhall forthwith reveal them to his Supe-
rior, that a meet Proceeding may be had thereupon;
upon
[ gr ]
upon Pain of fuch Puniſhment as a Court Martial
fhall find to be juſt.
ง
XXI.
None ſhall prefume to quarrel with his Superior Quarrelling,
or Striking
Officer, upon Pain of fevere Puniſhment, nor to a Superior
ftrike any fuch Perfon upon Pain of Death, or other- Officer.
wife as a Court Martial fhall find the Matter to
deferve.
XXII.
Etuals.
If of the Fleet find Caufe of Complaint of the Unwholſom-
any
Unwholfomneſs of his Victual, or upon other juſt neſs of Vi-
Ground, he fhall quietly make the fame known to
his Superior or Captain, or Commander in Chief, as
the Occafion may deſerve, that fuch preſent Remedy
may be had as the Matter may require; and the faid
Superior or Commander is to cauſe the fame to be
preſently remedied accordingly; but no Perfon upon
any fuch or other Pretence ſhall privately attempt to
ftir up any Disturbance, upon Pain of fuch fevere
Puniſhment as a Court Martial fhall find meet to
inflict.
XXIII.
None fhall quarrel or fight in the Ship, nor ufe Quarrelling
reproachful or provoking Speeches tending to make or Provoking
Speeches.
any Quarrel or Diſturbance, upon Pain of Impriſon-
ment, and fuch other Puniſhment as the Offence
ſhall deferve, and the Court Martial fhall impoſe.
XXIV. That
N. 2
Τ
[92]
munition.
1
1
اهد شد
Lude
scle to des..
A
o di k
XXIVie og lad
Waftful Ex-
That there be no waftful Expence of any Powder,
pence of Am-Shot, Ammunition, or other Stores in the Fleet, nor
any Imbezelment thereof, but that the Stores and
Provifions be carefully preferved, upon fuch Penal-
ties by Fine, Impriſonment, or otherwiſe, upon the
Offenders, Abetters, Buyers and Receivers, as fhall
be by a Court Martial found juft in that Behalf.
Care of Con-
ducting and
Steering
Ships.
Burning a
Ship.
Sleeping up-
XXV.
} {
That Care be taken in the conducting and fteer-
ing of the Ships, that through Wilfulneſs, Negligence,
or other Defaults, none of His Majefty's Ships be
Atranded or run upon any Rocks or Sands, or fplit,
or hazarded; upon Pain that fuch as fhall be found
guilty therein be puniſhed by Fine, Impriſonment,
or otherwiſe, as the Offence by a Court Martial fhall
be adjudged to deſerve.
XXVI.
All Perſons that fhall willingly burn or fet Fire on
any Ship, or Magazine, or Store of Powder, or Ship,
Boat, Ketch, Hoy or Veffel, or Tackle or Furniture
thereunto belonging, not appertaining to an Enemy
or Rebel, ſhall be puniſhed with Death.
XXVII.
No Man in, or belonging to the Fleet, fhall fleep
on Watch. upon his Watch, or negligently perform the Duty
impoſed upon him, or forfake his Station; upon Pain
of
1}
[93]
of Death, or other Puniſhment, as the Circumſtances
of the Cafe ſhall requirë.
A
XXVIII.
All Murders and wilful Killing of any Perfon in Murders.
the Ship ſhall be puniſhed with Death.
XXIX.
All Robbery and Theft committed by any Perfon Robbery and
in or belonging to the Fleet, fhall be puniſhed with Theft.
Death, or otherwiſe, as the Court-Martial upon Con-
fideration of Circumftances fhall find meet.
XXX.
Prifoners.
No Provoſt-Marſhal belonging to the Fleet, fhall Provoſt-
refuſe to receive or keep any Prifoner committed to Marſhal
his Charge, nor fuffer him to eſcape, being once in
his Cuſtody, nor diſmiſs him without Order; upon
Pain of being liable to the fame Puniſhment which
ſhould have been inflicted upon the Party difmiffed,
or permitted to eſcape, or fuch other Puniſhment as
the Court-Martial fhall think fit.
༤
XXXI./
ders.
All Captains, Officers and Seamen, fhall do their Apprehend-
Endeavours to detect, apprehend, and bring to Pu-ing Offen-
niſhment all Offenders, and fhall affift the Officers
appointed for that Purpoſe, therein; upon Pain to
be proceeded againft, and punished by the Court-
Martial at Difcretion.
XXXII. If
[94]
Sodomy.
XXXII.
If any Perfon or Perfons in or belonging to the
Fleet, fhall commit the unnatural and deteftable Sin
of Buggery or Sodomy with Man or Beaſt, he ſhall
be puniſhed with Death without Mercy...
XXXIII.
*
Other Mif-
All other Faults, Mifdemeanors and Diſorders
demeanors committed at Sea, not mentioned in this Act, fhall
and Difor be puniſhed according to the Laws and Customs in
ders at Sea.
The Lord
High Admi
Martials.
fuch Cafes ufed at Sea.
XXXIV.
And it is hereby further enacted, That the Lord
High Admiral for the Time being, ſhall by Virtue of
ral's Power
this Act have full Power and Authority to grant
to grant
Commiffions Commiffions to inferior Vice-Admirals, or Comman-
to call Court der in Chief of any Squadron of Ships, to call and
affemble Court-Martials, confifting of Commanders
and Captains; (2) And no Court-Martial where the
Pains of Death fhall be inflicted, fhall confift of lefs
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 Exe-
cution of fuch Sentence of Death, without the Leave-
of the Lord High Admiral, if the Offence be com-
mitted within the Narrow Seas.: but in Cafe any of
the Offences aforefaid be committed in any Voyage
beyond
[ 95 ]
beyond the Narrow Seas, whereupon Sentence of
Death fhall be given in Purſuance of the aforefaid
Articles, or of any of them; then Execution fhall
not be done but by Order of the Commander in
Chief of that Fleet or Squadron wherein Sentence of
Death was paffed.
XXXV.
And be it further enacted and declared, that the Judge Ad-
vocate of
fhall have full Power and Authority to adminiſter to administer
an Oath to any Perfon or Witneſs, in order to the an Oath for
Trial of Of-
Examination or Trial of any of the Offences afore-fences.
faid; and in the Abfence of a Judge Advocate, the Court-Mar-
Court Martial fhall have full Power and Authority to tial.
appoint any Perſon to adminiſter an Oath to the
Purpoſe aforefaid.
Judge Advocate of any Fleet, for the Time being, any Fleet,
XXXVI.
Provided alfo, And be it further enacted by the Provifo,
Authority aforefaid, That this Act, or any Thing touching the
Powers of
or Things therein contained, ſhall not in any man- the Lord
ner or wife extend to give unto the Lord Admiral Admiral.
of England for the Time being, or to any his Vice-
Admirals, Judge or Judges of the Admiralty, his or
their Deputy or Deputies, or to any other the Offi-
cers 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
[ 96 ]
+
I. C. 19.
commit any
By 6 Geo. they or any of them, lawfully have, hath, or had,
S. 4. Per- or ought to have and enjoy before the making of
fons in the this Act, other than for ſuch of the Offences ſpecified
Sea Service, in the feveral Articles contained in this Act, as here-
who shall
after ſhall be done upon the main Sea, or in Ships
of the Crimes or Veffels being and hovering in the main Stream of
this Alt up- great Rivers, only beneath the Bridges of the ſame
on the Shore Rivers, nigh to the Sea, within the Juriſdiction of
in Foreign
Parts, all the Admiralty, and in none other Places whatſoever,
be tried and and committed only by fuch Perfons as fhall be in
punished as actual Service and Pay in his Majefty's Fleet or Ships-
if they had
of War.
mentioned in
been com-
mitted on the
main Sea.
Note, By 7
extended to
Anno 13° & 14° Car. II. C. 11.
An Act for preventing Frauds, and regu-
lating Abuſes in his Majesty's Cuſtoms.
& SW. III. HORAS MUCH as it appears, that feveral
C. 22. S. 6. unlawful and indirect Means and Devices are
This Act is daily put in Practice, to export and import Goods
the Planta and Merchandizes prohibited by the Laws and Statutes
tions: And of this Kingdom, as alfo to defraud the King's moft
by the fame Excellent Majefty of his Dues, Cuftoms and Subfidies,
Power given as well by fecret and deceitful Defigns, as by open
to fue for Force and Violence used against the King's Majesty's
the Forfei-
tures and Officers employed in the Affairs of the Cuftoms:
At S. 7.
2. For
[ 97 ]
the Courts
Seas at
Gravefend.
2. For the better preventing of which Frauds and
Violences in Time to come, It is enacted and ordained Penalties in
by the King's moft Excellent Majefty, by and with of Admiralty
the Advice and Confent of the Lords Spiritual and there, &c.
Temporal, and Commons in Parliament affembled, Ships and
and be it enacted and ordained by the Authority ving from
Veſſels arri-
thereof, That no Ship or Veffel arriving from the beyond the
Parts beyond the Seas, ſhall be above three Days com-
ing from Gravefend to the Place of her Diſcharge
(within the River of Thames) without touching or
ſtaying at any Wharf, Key or Place adjoining to either
Shore between Gravefend and Chefter's Key, (unleſs
apparently hindred by contrary Winds, Draught of
Water, or other juft Impediment to be allowed by
fuch Perfon or Perfons as are or ſhall be appointed by
His Majefty for managing the Cuſtoms, the Collectors
inwards, or other principal Officers of the Cuſtoms ;)
(2) And then, or before the Maſter or Purſer (for that
Voyage) of fuch Ship or Veffel, ſhall make a juſt and True Entries
true Entry upon Oath, of the Burthen, Contents and of Lading
Lading of every fuch Ship or Veffel, with the particu- upon Oath.
lar Marks, Numbers, Qualities and Contents of every
Parcel of Goods therein laden, to the beſt of his Know-
ledge; alfo where, and in what Port fhe took in her
Lading, of what Country built, how manned, who
was Mafter during the Voyage, and who are Owners
thereof; (3) And in all Out-Ports or Members, to
come directly up to the Place of unlading, as the Out Ports.
Condition of the Port requires and will admit, and
making Entries, as aforefaid, upon the Penalty of the Penalty.
Forfeiture of one Hundred Pounds.
O
3. And
、
to be made
[ 98 ]
Captains,
Parts be-
yondtheSeas.
Goods, 'till
*
The Duty of 3. And be it further enacted by the Authority
Masters and aforefaid, That no Captain, Mafter, Purfer, or any
others, tak- other Perfon or Perfons taking Charge of any Ship or
ing Charge Veffel bound for the Parts beyond the Seas, or into
of Ships of
War, &c. the Kingdom of Scotland, whether the fame Ship or
bound for Veffel fhall have Commiflion from, or belong unto
the King's Majefty that now is, his Heirs or Succef-
fors, or ſhall belong to, or have Commiffion from
any foreign Prince or State, or otherwiſe, fhall take
in, or fuffer to be taken into or laden aboard any fuch
To take in Ship or Veffel any English Goods, Wares or Merchan-
no Engliſh dize, to be exported into the Parts beyond the Seas,
or into the Kingdom of Scotland, until fuch Captain,
Entry there-
of be made Mafter, Purfer, or other Perſon as aforefaid, fhall have
at the Cuf- entered fuch Ship or Ships in the Book of the Commif-
tom-boufe.
fioners, Cuſtomer or Collector and Comptroller out-
wards of fuch Port where he fhall load or take in
Goods, together with the Name of fuch Captain or
Maſter, the Burden of fuch Ship or Veffel, the Num-
ber of Guns and Ammunition fhe carries, and to
what Port or Place fhe intends to pass or fail; (2)
And before he or they fhall depart with his or their
Ship or Veffel out of fuch Port or Place, fhall bring'
and deliver unto the faid Perfon or Perfons which are
or fhall be appointed by His Majefty for managing
the Cuſtoms, the Cuſtomer or Collector and Comp-
troller of fuch Port or Place, a Content in Writing
under his or their Hands, of the Names of every Mer-
chant, and other Perfon or Perfons that fhall have
laden
[ 99 ]
wards.
laden and put on board any fuch Ship or Veffel, any
fuch Goods or Merchandize, together with the Marks
and Numbers of fuch Goods and Merchandize; (3)
And fhall likewife publickly in the open Cuſtom-
houſe, upon his Corporal Oath, to the beſt of his
Knowledge, have anſwered to fuch Queſtion or
Queftions as fhall be demanded of him by the faid
Perfon or Perſons which are or ſhall be appointed by
His Majefty for the Managing the Cuſtoms, the Cuf-
tomer or Collector and Comptroller, or their Depu-
ties, concerning fuch Goods and Merchandize as ſhall
be aboard fuch Ship or Veffel; (4) Upon Pain of For- Ships or Vef-
fels of War
feiture of one Hundred Pounds; (5) And that no bringing
fuch Captain, Maſter, Purfer, or other Perfon or Per- Goods in-
fons taking Charge of any Ship or Veffel of War as
aforefaid, wherein any Goods, Wares, or Merchan-
dizes ſhall have been laden or brought from the Ports
beyond the Seas, or out of the Realm of Scotland, fhall
unload or put on board any Lighter, Boat or Bottom,
or lay on Land, or fuffer to be diſcharged or put into
any Lighter, Boat or Bottom, or to be laid on Land
out of any Ship or Veffel, as aforefaid, any Goods,
Wares or Merchandize whatſoever, before fuch Cap-
tain, Maſter, Purſer, or other Perſon taking Charge of
the Ship or Merchants Goods for that Voyage, as afore-
faid, fhall have fignified and declared in Writing un-
der his or their Hands, unto the Perfon or Perfons
which are or ſhall be appointed by His Majefty for
managing the Cuſtoms, the Cuftomer or Collector and Entry.
Comptroller inwards of the Port where he arriveth,
the Names of every Merchant or Lader of any Goods
O 2
or
[ 100 ]
or Merchandizes aboard the faid Ship or Veffel, toge-
ther with the Number and Marks, and the Quantity
and Quality of every Parcel of Goods and Merchan-
dizes, to the beſt of his Knowledge, and fhall have
anſwered upon his or their corporal Oath, to fuch
Queſtions concerning fuch Goods and Merchandizes,
as fhall be publickly adminiftred unto him in the
open Cuſtom-houſe, by fuch Perfon or Perfons which
are or ſhall be appointed for managing the Cuſtoms,
Cuſtomer or Collector and Comptroller, or their De-
puties, and fhall be liable to all Searches and other
Rules which Merchants. Ships are fubject unto, by
the Ufage of His Majeſty's Cuſtom-houſe (Victualling-
Bills and Entring excepted) upon Pain to forfeit one
Hundred Pounds; (6) And upon Refufal to make
fuch Entries as aforefaid, as well outwards as inwards,
the faid Perfon or Perfons which are or fhall be ap-
Liable to pointed for managing the Cuſtoms, and Officers of
His Majeſty's Cuftoms, and their Deputies, fhall and
may freely enter and go on board all and every fuch
Ship or Veffel of War, and bring from thence on
On Refufal Shore into His Majefty's Store-houfe belonging to the
tries, Offi- Port where fuch Ship fhall be, all Goods and Mer-
cers may go chandizes prohibited or uncuſtomed, which ſhall be
found aboard any fuch Ship, as aforefaid.
Penalty
100 1.
Search.
to make En-
on board,
&c.
The Power
of Officer's
4. And be it hereby alfo enacted, That the faid
Perſon or Perſons which are or ſhall be appointed for
for manag-
ing the Cuf-managing the Cuſtoms, and Officers of His Majefty's
toms to en- Cuftoms, and their Deputies, are hereby authorized
fearch Ships and enabled to go and enter aboard any Ship or Veffel,
and Veffels.
ter and
as
[ IOI ]
as well Ships of War as Merchant Ships, and from
thence to bring on Shore all Goods prohibited or un-
cuſtomed, except Jewels, if they be outward bound;
(2) And if they be Ships or Veffels inward bound,
from thence to bring on Shore into His Majeſty's
Store-houſe, as aforefaid, all fmall Parcels of fine
Goods, or other Goods which fhall be found in
Cabbins, Chefts, Trunks, or other fmall Package, or
in any private or fecret Place, in or out of the Hold
of the Ship or Veffel, which may occafion a juft Suf-
picion that they were intended to be fraudulently
conveyed away; (3) And all other Sorts of Goods
whatſoever, for which the Duties of Tonnage and
Poundage were not paid or compounded for within
twenty Days after the firſt Entry of the Ship, to be
put and remain in the Store-houſe aforefaid, until His
Majeſty's Duties thereupon be juſtly ſatisfied, unleſs
the faid Perfon or Perfons which are or fhall be ap-
pointed by His Majeſty for managing the Cuftoms,
and Officers of the Cuſtoms, fhall fee juft Cauſe. to al-
low a longer Time, and that the faid Perfon or Per-
fons which are or ſhall be ſo appointed to manage the
Cuſtoms, and the Officers of the Cuftoms, and their
Deputies, may freely ſtay and remain aboard until all
the Goods are delivered and diſcharged out of the faid
Ships or Veffels: (4) And if any Mafter, Purfer, or Master, &c.
Suffering
Boat-fwain, or other taking Charge in any Ship or Goods to be
Veffel, or any other Perfon whatſoever, fhall fuffer unpacked,
any Trufs, Bale, Pack, Fardel, Cask, or other Package elled or car-
to be opened aboard the faid Ship or Veffel, and the ried away,
Goods therein. to be imbezelled, carried away, or put ship comes
after the
into into Port of
and imbez-
[ 102 ]
100 1.
Discharge, into any other Form or Package, after the Ship comes
to forfeit into the Port of her Diſcharge, in every fuch Cafe the
faid Maſter, Purfer, Boat-fwain, or others, fhall forfeit
the Sum of one Hundred Pounds.
Goods con-
clearing.
5. And be it further enacted by the Authority
cealed in any aforefaid, That in cafe after the Clearing of any Ship
Ship after
or Veffel, by the Perfon or Perſons which are or ſhall
be appointed by his Majefty for managing the Cuſtoms,
or any their Deputies, and diſcharging the Watchmen
or Tidefmen from Attendance thereupon, there fhall
be found on board fuch Ship or Veffel, any Goods,
Wares, or Merchandizes, which have been concealed
from the Knowledge of the ſaid Perfon or Perfons
which are or ſhall be fo appointed to manage the
Cuſtoms, and for which the Cuftoms, Subfidy and
other Duties due upon the Importation thereof, have
not been paid, then the Mafter, Purfer or other Per-
fon taking Charge of fuch Ship or Veffel, fhall for-
Penalty. feit the Sum of one Hundred Pounds.
An Account
of all Fo-
6. And for the better Increase of Shipping and
to be given Navigation, Be it further enacted, That the Collec-
tors and other Officers of His Majefty's Cuſtoms in all
reign Ships
in all Ports the Ports of England, fhall forthwith give an Account
of England. unto the Collectors and Surveyor in the Port of London,
(appointed by His Majeſty for all Duties and Matters
relating to a late Act, intitled, An Act for Increafing
and Encouraging of Shipping and Navigation) of all
foreign-built Ships in their Ports, owned and belong-
ing to the People of England, of what Built and
12. Car. II.
C. 18.
Burthen
[ 103 ]
´S not to have
lifh. Except
Burthen they are, for which Certificates have been
made according to the faid Act, and that the faid
Collector and Surveyor ſhall make a true and perfect
Lift of all fuch Ships atteſted under their Hands, and
tranſmit the ſame into his Majeſty's Court of Exche-
quer, on or before the Month of December, in the
Year One thouſand Six hundred fixty-two, there to
remain upon Record: (2) And that no foreign-built Foreign-
built Ships
Ship (that is to fay) not built in any of his Majeſty's
Dominions of Afia, Africa or America, or other the Privi-
than fuch as fhall (bona fide) be bought before the firft ledge of Ships
belonging
of October, One thouſand fix hundred fixty-two next to England
enfuing, and exprefly named in the faid Lift, fhall or Ireland,
though own-
enjoy the Priviledge of a Ship belonging to England or ed or mann
Ireland, although owned or manned by English (ex- ed by Eng-
cept fuch Ships only as ſhall be taken at Sea by Letters &c.
of Mart or Reprizal and Condemnation made in the See 12. Car.
Court of Admiralty, as lawful Prize) but all fuch II. C. 18.
7 and 8 W.
Ships fhall be deemed as Aliens Ships, and be liable III. C. 22.
unto all Duties that Aliens Ships are liable unto by S. 2, 3, 17,
Virtue of the faid Act for Increafe of Shipping and
cerning Re-
Navigation. (3) And whereas it is required by the giftring, &c.
faid Act, that in fundry Cafes the Mafter and three And Excep-
fourths of the Mariners are to be English, It is to be to Prize
underſtood, that any of his Majefty's Subjects of Eng- Ships.
land, Ireland, and his Plantations, are to be account- of Mariners
ed English, and no others; And that the Number of to be ac-
Mariners be accounted according to what they fhall counted ac-
have been during the whole Voyage: (4) And where- what they
cording to
as of late fome of the Perfons appointed by his Ma- have been
jeſty for the managing the Cuſtoms, and the Officers during the
&c.con-
tion, &c. as
The Number
whole Voy-
of age.
[104]
of the Cuſtoms and their Deputies, have been hind-
red, affronted, abuſed, beaten and wounded, to the
hazard of their Lives in the due Execution of their
ſeveral Truſts and Services in their reſpective Places,
by armed Companies and Multitudes of Men, and
Goods prohibited and uncuſtomed, have by Force and
Violence, as well by Land as by Water, been forcibly
The Punish- carried and conveyed away; (5) Be it enacted by the
ment for Authority aforefaid, that where any Officer or Offi-
beating and
abufing Officers fhall be by any Perfon or Perfons armed with
cers of the Club or any manner of Weapon, forcibly hindred,
Cuſtoms. affronted, abuſed, beaten or wounded, as aforefaid,
either on board any Ship or Veffel, or upon the Land
or Water, in the due Execution of their Office, all
and every Perſon and Perfons fo refifting, affronting,
abufing, beating or wounding the faid Officer or Offi-
cers or their Deputies, or fuch as ſhall act in their Aid
or Affiftance, fhall by the next Juftice of Peace, or
other Magiſtrate, be committed to Priſon, there to re-
main till the next Quarter-Seffions: (6) And the Ju-
ftices of the Peace of the faid Quarter-Seffions, fhall,
and are hereby impowered to puniſh the Offender by
Fine, not exceeding One hundred Pounds, and the
Offender is to remain in Prifon till he be diſcharged
by Order of the Exchequer, both of the Fine and of
the Impriſonment, or diſcover the Perſon that fet him
on work, to the End he may be legally proceeded
against.
7. And
1
[105]
Water-born
7. And be it further enacted by the Authority No Goods
aforefaid, That if any Wharfinger or Keeper of any to be landed
Wharf, Crane or Key, or their Servants, or any of but in the
them, ſhall take up or land, or knowingly fuffer to Prefence of
Some Officer
be taken up or landed, or fhall Ship off, or fuffer to of the Cu-
be Water-born at or from any of their faid Wharfs, toms.
Cranes or Keys, any Goods, Wares or Merchandize
prohibited, or whereof any Cuſtom, Subfidy, or other
Duties are due and payable unto the King's Majeſty,
without the Prefence of fome of the Officers of His
Majeſty's Cuſtoms thereunto appointed, or at Hours
and Times not appointed by Law (except in the Port
of Hull, as in the Statute of the firſt Year of Queen 1 EI. C.11.
Elizabeth, Chapter the Eleventh, is excepted, and not
otherwiſe) or Goods paffing by Certificates, Waſte-
Cocquet, or otherwife, without the Prefence or No-
tice given to one or more of His Majefty's Officers,
That in every fuch Caſe all and every fuch Whar-
finger and Keeper of fuch Wharf, Crane or Key,
ſhall forfeit and pay the Sum of one Hundred Pounds; The Penalty.
(2) And if any Goods or Merchandize ſhall be laden
or taken in from the Shore, into any Bark, Hoy,
Lighter, Barge, Wherry or Boat, to be carried aboard
any Ship or Veffel outwards-bound for the Parts be-
yond the Seas, or laden, or taken in, from or out of
any Ship or Veffel coming in, and arriving from fo-
reign Parts, without a Warrant, and Prefence of one
or more Officers of the Cuſtoms, fuch Bark, Hoy,
Lighter, Barge, Boat or Wherry fhall be forfeited and forfeited.
loft, and the Mafter, Purfer, Boat-fwain, or
P
Boat,
1
Barge, &c.
other Master,
Mariner Purfer, &c.
[ 106 ]
Mariner of any Ship inward-bound, knowing and con-
ſenting thereunto, fhall forfeit the Value of the Goods
ſo unſhipped: (3) And further, That in cafe any
Waterman, Carman, Porter, Waterman, or other Perfon or Per-
&c. aſſiſting⋅ fons whatſoever, fhall affift in the Taking up, Land-
Porter,
Goods carri-
ed from one
Port to ano-
ing, Shipping off, or Carrying away any fuch Goods,
Wares or Merchandizes, that then fuch Carman, Por-
ter, Waterman, or other Perfon or Perfons fo offend-
ing, being apprehended by Warrant of any Juſtice of
the Peace for that County, City or Borough, which
the faid Juſtices, and every of them are hereby au-
thorized to iffue, and to examine Witneffes upon
Oath concerning fuch Fact, and the fame being
proved by the Oath of two Witneffes, the faid Offend-
ers for fuch firft Offence fhall and may by fuch Ju-
ftice of the Peace be committed to the next Goal,
there to remain 'till he and they find fufficient Surety
to be of the Good Behaviour for fo long Time, until
he and they ſhall be thereof diſcharged by the Lord
Treaſurer, Chancellor, Under-Treafurer, or Barons of
the Exchequer; (4) And in cafe he or they fo con-
victed, fhall afterwards at any Time offend in the
like Kind, then he and they fhall and may by any Ju-
ftice of the Peace, as aforefaid, be committed to the
next Goal, there to remain for the Space of two
Months without Bail or Mainprize, or until he fhall
pay unto the Sheriff of that County the Sum of five
Pounds for the Ufe of His Majefty, or until he ſhall
by the Lord Treafurer, Chancellor, Under-Treaſurer
or Court of Exchequer be thence diſcharged: (5) Be
it further enacted by the Authority aforefaid, That if
any
[107]
1
or Warrant.
any Goods, Wares or Merchandizes, fhall be ſhipped ther in
England or
or put on Board to be carried forth to the open Sea
Wales.
from any one Port, Creek or Member in the Kingdom
of England, Dominion of Wales, or Port and Town
of Berwick, to be landed at any other Place of this
Realm, without a Sufferance or Warrant firft had and Sufferance
obtained from the faid. Perfon or Perfons, which are
or fhall be appointed for managing the Cuftoms and
Officers of His Majefty's Cuftoms, all fuch Wares and
Merchandizes fhall be forfeited and loft: (6) And that
the Mafter of every Ship or Veffel that fhall lade or
take in any fuch Goods, Wares or Merchandizes, in
any Port, Member or Creek within this Kingdom of
England, Dominion of Wales, or Town and Port of
Berwick, to be landed and diſcharged in fome other
Port, Member or Creek of the faid Kingdom of Eng-
land, Dominion of Wales, or Town and Port of Ber-
wick, fhall, before the Ship or Veffel be removed or
carried out of the Port (where he fhall take in his
Lading) take out a Cocquet or Cocquets, and become Cocquet, and
bound to the King's Majefty with good Security, in
the Value of the Goods, Wares and Merchandizes afore-
faid, for Delivery and Diſcharge thereof in the Port
or Place for which the fame fhall be entred, as afore-
faid, or in fome other Port or Place within the faid
Kingdom of England, Dominion of Wales, or Port
and Town of Berwick; (7) And (the Dangers and Ac- Certificates
cidents of the Seas excepted) to return a Certificate to be indorf
within fix Months after the Date of fuch Cocquet Bonds.
and Cocquets, under the Hands and Seals of the
King's Majefty's Officers, figned alſo by fome of the
P 2
faid
Bond.
ed on the
[108]
Penalty.
Officers
making falfe
Certificates.
Penalty.
ส
faid Perfon or Perfons which are or fhall be appointed
by His Majefty for managing the Cuſtoms, or their
Deputy or Deputies, in every reſpective Ports, Mem-
bers or Creeks where the fame fhall be landed and
diſcharged, to His Majefty's Officers of the Cuftoms
to whom fuch Security hath been given as aforefaid,
that fuch Goods, Wares and Merchandizes were there
landed and diſcharged accordingly; upon the Penalty
of the Forfeiture of the Bond and Security aforefaid.
I'm
8. And be it hereby further enacted, That if any
Officer of any Port, Member or Creek, fhall make
any falfe Certificate of any Goods or Merchandizes
which fhould have been landed out of any Ship or
Veffel, that fuch Officer fhall lofe his Imployment,
and moreover forfeit the Sum of fifty Pounds, and
fuffer one Year's Impriſonment without Bail or Main-
prize, and be incapable of ferving His Majefty in any
Place of Truſt concerning his Cuftoms, and be fur-
ther liable to fuch Corporal Puniſhment as the Court
of Exchequer fhall think fit; (2) And if any Perfon
ing Cocquets, whatſoever fhall counterfeit, raize, or falfify any
Cocquet, Certificate or Return, Tranfire, Let-pafs,
or any other Cuftom-houſe Warrant, he fhall forfeit
Penalty.
one Hundred Pounds, and the Cocquet, Certificate
or Return fhall be invalid and of none Effect
Cocquet,&c. (3) And if any Goods, Wares or Merchandizes
brought or coming into any Port, Haven
Haven or
Creek within the Kingdom of England, Dominion
of Wales, or Port and Town of Berwick, from any
other Port, Haven or Creek within the Kingdom of
Counterfeit
Certificates,
&c.
invalid.
;
England
[109]
(
England, or Dominions aforefaid, by Port, Cocquet,
Tranfire, Let-pafs, or Certificate, in Ships or Veffels,
fhall be landed or put on Shore before fuch Cocquet,
Tranfire, Let-pafs, or Certificate fhall be deliver'd to
fuch Perfon or Perſons which are or ſhall be appointed
by His Majefty for managing his Cuftoms, the Cuf-
tomer or Collector, and Comptroller of the Port or
Place of their Arrival, or to their Deputy or Deputies,
and Warrant or Sufferance made and given from fuch
Perſon or Perfons, Cuſtomer, or Collector and Comp-
troller, or their Deputy and Deputies aforefaid, for the
Landing and diſcharging thereof.
cers.
9. And be it further enacted by the Authority Goods fe-
aforefaid, That if any Goods, Wares or Merchandizes, cretly con-
veyed beyond
for which the Duties of Subfidy or Cuftom are due Sea Uncuf-
and payable to the King's Majefty, fhall be fecretly tomed, and
undifcovered
conveyed on board any Ship or Veffel before the by the Offi-
Cuſtom and Subfidy thereof be duly anſwered and
paid, and fhall eſcape the Diſcovery thereof by the
Officers of the Cuftoms or others, and be carried in-
to the Parts beyond the Seas; In fuch Cafe the Owners
or Proprietors of fuch Goods, Wares or Merchandizes,
or other Perfon or Perfons who fhall have fo fhipped
or cauſed the ſame to be ſhipped and tranſported,
fhall forfeit the double Value of the Goods, com- Penalty.
puted according to the Book of Rates, except for
Coal, which fo fecretly exported, as aforefaid, fhall
pay double the Cuſtom and Duty, to be collected
and levied in fuch manner as by the Act of Tonnage
and Poundage is directed and appointed.
A
}
10. Be
12 Car. IL
C. 4•
[110]
Bill of En-
try to be
Marks,
&c.
A
+
He
quad asdte to trus
¿
10. Be it further enacted by the Authority afore
fubfcribed: faid, That for preventing of Frauds in colouring of
Such Bill to Strangers Goods, and otherwiſe, every Merchant or
contain the other paffing any Goods, Wares or Merchandizes,
Numbers, inwards.or outwards, fhall by himſelf, or his known
Servant, Factor or Agent, fubfcribe one of his Bills of
every Entry with the Mark, Number and Contents
of every Parcel of fuch Goods as are rated to pay by
the Piece or Meaſure, and Weight of the whole Par-
cel of fuch Goods as are rated to pay by the Weight,
without which the Officers of the Cuftoms fhall not
fuffer any Entry to paſs; And that no Children of
Aliens, under the Age of twenty-one Years, be per-
mitted to be Traders, or any Goods or Merchandizes
to be entred in their Names.
Children of
Aliens.
{
There ſhall
II. Be it alfo hereby enacted, That upon any
be no Party- Actions, Suits and Informations that ſhall be brought,
Fury in
Suits, &c. commenced, or entred upon any Law or Statute con-
concerning cerning the King's Majefty's Subfidies of Tonnage
Customs.
Allowances
and Dama-
and Poundage, or Ships or Goods to be forfeited by
Reaſon of unlawful Importation or Exportation, there
ſhall not be any Party-Jury, but fuch only as are
the Natural and Free-born Subjects of the King, his
Heirs or Succeffors.
2
}
12. And whereas Allowances given to Merchants
for Defects and others, for Defects and Damages upon Goods,
ges in Goods, and Five per Cent. generally upon all Goods import-
how to be ed, and Twelve per Centum upon Wines, every Mer-
made.
chant
2
[111]
than men-
chant or others having the aforefaid Allowances in-
wards, fhall in Perfon upon Oath by himſelf, or by
his known Servant or Factor, demand and receive the
Moneys due upon Debentures for fuch Foreign Goods
exported by fuch Certificate with fuch Abatements
and Allowances as were made and given to him upon
the Importation; (2) And if he be found fraudulent-
Penalty for
ly to Ship out less in Quantity or Value than is ex- Shipping less
preffed in his Certificate, the Goods therein mentioned, in Quantity,
or the Value thereof fhall be forfeited, and the Owner tioned in the
or Merchant ſhall loſe the Benefit of receiving back Certificate.
any Part of the Subfidy for thoſe Goods; (3) And if Penalty for
any Goods ſhipped out by Certificate, as aforefaid, relanding
Goods fhip-
fhall be landed again in the fame, or any other Port ped by Cer-
or Place within the Kingdom of England, Dominion tificate.
of Wales, and Town and Port of Berwick, (unleſs
in Cafe of Diſtreſs to fave the Goods from periſhing,
which ſhall be preſently made known to the Perfon
or Perfons which are or fhall be appointed by his
Majefty to manage his Cuftoms, and principal Offi-
cers of the Port) no Allowance fhall be demanded or
made for thoſe Goods, and the faid Goods, or Value
thereof, fhall be forfeited and loft.
15. And forafmuch as it doth appear by daily Ex-
perience, That there are great Practices and Combina-
tions between the Importers and Owners of Goods and
Merchandizes, and the Seizers and Informers, with
Defign and Intent to defraud the Force of the Law,
and his Majefty of his Duties and Customs (2) Be None to
it enacted by the Authority aforefaid, That no Ship Seize Ships
or
or Goods for
1
[112]
the Customs,
unlawful or Ships, Goods, Wares or Merchandize, fhall be
Importation
or Exporta- feized as forfeited, for or by reaſon of unlawful Im-
tion, but portation or Exportation, into, or out of this King-
Officers of dom of England, Dominion of Wales, or Port and
&c. Town of Berwick, or any the Ports, Members or
Creeks thereunto belonging, or for Not-Payment of
any Cuſtoms or Subfidies now due, or hereafter to
be due and payable to his Majeſty, but by the Perſon
or Perfons who are or fhall be appointed by his Ma-
jefty to manage his Cuftoms, or Officers of his Ma-
jeſty's Cuſtoms for the Time being, or fuch other
Perſon or Perſons as fhall be deputed and authorized
thereunto by Warrant from the Lord Treafurer, or
Under-Treaſurer, or by ſpecial Commiffion from his
Majeſty under the Great or Privy Seal: (3) And if
any Seizure ſhall hereafter be made by any other
Perfon or Perſons whatſoever for any the Cauſes
aforefaid, fuch Seizure fhall be void and of none
Effect; any Statute, Law, Act, or Provifion to the
contrary, in any wife notwithſtanding.
about the
16. And be it further enacted by the Authority
In any Suit
against Per- aforefaid, That in every Action, Suit, Indictment,
fons employ'd Information or Proſecution, wherein or whereby the
Customs, the Perfon or Perſons which are or fhall be appointed by
Defendant his Majefty for managing his Cuſtoms, or the Officers
may plead
the General of his Majefty's Cuftoms, or any Officer or Officers,
Perſon or Perſons authorized by his Majefty to put in
Execution the Act of Parliament, For Increafing and
Incouraging of Navigation, their Deputies or Ser-
vants, or any others acting in Aid of them, have been,
Ifue.
12 Car. II.
C. 18.
are,
[113]
this or other
Navigation,
are, or ſhall be fued, indicted, proſecuted or moleſted,
it ſhall be lawful for all and every the faid Perfons,
their Heirs, Executors and Adminiftrators, to plead And give
the General Iffue, and to give this or the aforefaid Alts relat-
Acts of Parliament relating to the Cuſtoms and Navi- ing to Cuf-
gation, in Evidence, in any of His Majeſty's Courts of toms, or
Juftice, or other Courts where the ſaid Matter fhall be in Evidence.
depending; and the Judges of the ſaid Courts are
hereby ftrictly enjoined and required to admit the
fame, and to acquit and indemnify them and every of
them, of, and from all fuch Suits, Indictments, Infor-
mations or Proſecutions, for or concerning any Matter
or Thing acted or done in the due and neceffary
Performance and Execution of their reſpective Trufts
and Imployments therein.
Seizer or
may fue.
17. Be it hereby alfo enacted, for avoiding of Where
fraudulent Compofitions, That if any Seizer, Inform- Informer
er or Officer, as aforefaid, fhall not profecute to Ef-fhall not
fect for the bringing to Trial and Condemnation the profecute
with Ef-
Ships, Goods and Merchandize by them ſeized or in-fect, Off-
formed againft, That then and in every fuch Cafe, it cer of the
ſhall be lawful to and for any of the Perfon or Per- Cuſtoms
fons which are or ſhall be appointed by His Majefty
for managing his Cuſtoms, or the Officers of the Cu-
ftoms, or other Perfon or Perfons deputed by them,
or thereunto authorized by the Lord Treaſurer, or
Under-Treaſurer, to make Seizure of, or inform
against fuch Goods and Merchandize, or bring his
Action for the fame by way of Devenerunt, and that
they ſhall be eſteemed and adjudged in Law as the
e
true
[114]
Compofition
not to be
true firft informers and Seizers, and have the Benefit
of fuch Informers or Seizers; any Law, Statute, Act
or Uſage to the contrary in any wife notwithſtanding.
18. And that no Informer or Officer be fuffered to
for less than compound under one Third of the appraiſed Value,
one Third of upon Lofs of his Office.
the appraif
ed Value.
Penalty on
1
19. Be it further enacted by the Authority afore-
Custom-Of- faid, That if any of the King's Majefty's Officers, or
ficer taking other Perſons appointed to manage His Majeſty's Cu-
guilty of ftoms, Searchers, Waiters, or other Perfon or Perfons
Connivance. whatfoever deputed and appointed by and under them,
Bribe, or
or any of them, or any other Authority whatfoever,
and imployed in or about the Affairs of the King's Cu-
ftoms and Subfidies, fhall directly or indirectly take
or receive any Bribe, Recompence or Reward, in any
kind whatſoever, or connive at any falfe Entry of any
Goods or Merchandizes, whereby the King's Majefty,
his Heirs or Succeffors, fhall be defrauded or hindred
in or of his Cuſtoms and Subfidies, or other Sums of
Money, or Goods prohibited by the Law to be im-
ported or exported into or out of the Kingdom of
England, Dominion of Wales, Town and Port of Ber-
wick, be fuffered to paſs either by way of Importation
or Exportation, the Perfon or Perfons therein offend-
ing, ſhall forfeit the Sum of one Hundred Pounds,
and be for ever afterwards incapable of any Office or
Imployment under the King's Majeſty, his Heirs or
Penalty on Succeffors, or any Authority derived from them; (2)
&c, bribing. As alfo the Merchant, Mariner, or other Perfon or
Merchant,
·
Perfons
[115]
Perfons whatſoever, who fhall give or pay any fuch
Bribe, Recompence, or Reward, as aforefaid, fhall
forfeit the Sum of fifty Pounds.
3
20. Provided nevertheleſs, That if any Perfon or Perfons re-
Perſons offending, as aforefaid, ſhall reveal and make vealing their
Offence
known fuch his or their Offence in two Months Time within two.
to the Treaſurer of England, the Chancellor, Under- Months, to
be acquitted.
Treaſurer, or Barons of the Exchequer, he fhall for
that Offence be clearly acquitted and diſcharged.
*
Goods where
nnmbered.
21. And be it further enacted, That all foreign Foreign
Goods and Merchandize which by the Perfon or Per- to be landed,
fons which are or fhall be appointed by His Majefty and how
for the Managing of the Cuftoms, and the Cuftomer, weighed and
Collector and Comptroller, fhall be permitted to be
landed and taken up by Bills at Sight, Bills at View
or Sufferance, fhall be landed at the moſt convenient
Keys or Wharfs where the faid Perfon or Perfons fo
to be appointed Cuſtomer or Collector or Comptroller,
fhall appoint, and not elſewhere, and there or in His
Majeſty's Store-houſe of the reſpective Ports, at the
Election of the faid Perfon or Perfons fo to be appoint-
ed, and the Officers, fhall be meaſured, weighed and
number'd by and in the Prefence of the Officers to
be thereunto particularly appointed; (2) which ſaid Of-
ficers fo appointed fhall perfect the Entry, and there-
unto fhall fubfcribe their Names, and the next Day
following fhall give Account and make Report of eve-
ry refpective Entry fo perfected, as aforefaid, to the
faid Perfon or Perfons which are or fhall be appointed
e 2
to
[ 116].
>
to manage His Majefty's Cuſtoms, Cuftomer, or
Collector and Comptroller aforefaid, without reaſonable
Cauſe to be allowed by the faid Perfon or Perfons,
or Officers aforefaid; or in Default thereof, fhall forfeit
Penalty, the Sum of one Hundred Pounds.
Letters, not
Veſſels for 22. Be it alfo enacted, That no Ship, Veffel or
carrying Boat, appointed and imployed ordinarily for the
to import or Carriage of Letters and Packets, fhall (unleſs it be in
export Mer- fuch Cafes as ſhall be allowed by the ſaid Perſon or
chandize. Perfons which are or fhall be appointed to manage His
Majeſty's Cuſtoms or Officers aforefaid) import or ex-
port any Goods or Merchandize into or out of the
Parts beyond the Seas, upon the Penalty of the For-
Penalty. feiture of one Hundred Pounds to be paid by the Ma-
fter of the faid Veffel or Boat, with the lofs of his
Place, and all Goods and Merchandize that ſhall be
found on board any fuch Ship, Veffel or Boat, ſhall be
forfeited and loft.
1
Officers of
the Admiral-
32. And be it further enacted and ordained, That
ty,Captains,
all Officers belonging to the Admiralty, Captains and
&c. to be Commanders of Ships, Forts, Caftles and Block-houſes,
aiding to the
Officers and as alfo all Juftices of the Peace, Mayors, Sheriffs,
Perfons for Bailiffs, Conftables and Headboroughs, and all the
Manage King's Majefty's Officers, Minifters and Subjects what-
ment of the
Cuftams.
foever whom it may concern, fhall be aiding and af
fifting to all and every Perſon and Perfons which are
or ſhall be appointed by His Majefty to manage his
Cuſtoms, and the Officers of His Majefty's Cuſtoms,
and their reſpective Deputies in the due Execution of
all
[ 117 ]
all and every Act and Thing in and by this preſent
Act required and enjoined, and all fuch who fhall be
aiding and aſſiſting unto them in the due Execution
thereof, fhall be defended and faved harmleſs by vir-
tue of this A&t.
Anno 22do Car. II. Cap. 5.
An Act for taking away the Benefit of
Clergy from fuch as fteal Cloth from the
Rack, and from fuch as fhall Steal or
imbezel His Majefty's Ammunition and
Stores.
by
St. 2. C.25,
WHEREAS many evil-difpofed Perfons have Enforced in
of late more frequently than in former Times, 1 Ġeo. I.
ufed and practifed the Cutting of Cloth and other S. 11.
Woollen Manufactures in the Night-time, off from the
Racks or Tenters, where the faid Cloth is put for the
Drying thereof, and feloniously steal and carry away
the fame, to the utter Undoing and Impoverishing of
many Clothiers, and the great Hindrance of the Trade
of Cloathing.
2. And whereas by an Act of Parliament made in 31El, C.4.
the one and thirtieth Year of the Reign of the late
Queen Elizabeth, it is amongst other Things enacted,
That
I
T 118 ]
Perfons
from the
That if any Perfon having the Charge or Cuftody of
any Armour, Ordnance, Munition, Shot, Powder or
Habiliments of War of the faid Queen's, her Heirs or
Succeſſors, or of any Victuals provided for the victuall
ing of any Soldiers, Gunners, Mariners or Pioneers,
fball for any Lucre or Gain, or willingly, advifedly
and of Purpofe to hinder or impeach Her Majefty's Ser-
vice, imbezel, purloin, or convey away any the fame
Armour, Ordnance, Munition, Shot or Powder, Ha-
biliments of War, or Victuals to the Value of twenty
Shillings, at one or feveral Times, that then every
Such Offence ſhall be adjudged Felony, and the Offender
therein to be proceeded on, and fuffer as in Cafe of
Felony; (2) Unto the committing of which feveral Of
fences many Perfons are the more emboldened, in re-
Spect that in thofe Cafes the Benefit of Clergy is allowed
by Law.
3. Be it therefore enacted by the King's moſt Ex-
Stealing Cloth cellent Majefty, by and with the Advice and Confent
Rack, or
of the Lords Spiritual and Temporal, and the Com-
imbezelling mons in this preſent Parliament affembled, and the
His Maje-
fty's Stores Authority thereof, that no Perfon or Perfons who fhall
to the Value from and after the five and twentieth Day of May, in the
of 20 s. and Year of our Lord one Thoufand fix Hundred and Seven-
thereof
found guilty, ty, be indicted for felonious Cutting and Taking, Steal-
hall be ex- ing or Carrying away of any Cloth or other Woollen
cluded from Manufactures, from the Rack or Tenter in the Night-
of Clergy. time; or for any Offence committed againſt the faid
recited Act, made in the faid one and thirtieth Year
of Queen Elizabeth; or fhall feloniouſly fteal or im-
the Benefit
31. El.
C. 4.
bezel
[119]
bezel any of His Majefty's Sails, Cordage, or any
other His Majefty's Naval Stores, to the Value of
twenty Shillings, and thereupon found guilty by Ver-
dict of twelve Men, or fhall confefs the fame upon his
or their Arraignment, or will not anſwer directly to
the fame according to the Laws of this Realm, or fhall
ftand wilfully, or of Malice, and obftinately Mute,
or Challenge peremptorily above the Number of
Twenty, or fhall be upon fuch Indictment outlawed,
ſhall from and after the faid five and twentieth Day
of May, not be admitted to have the Benefit of his or
their Clergy, but utterly be excluded thereof, and
ſhall ſuffer Death in fuch Manner and Form as they
fhould if they were no Clerks.
transport
4. Provided always, and be it further enacted by Judges may
the Authority aforefaid, That it ſhall and may be
be reprieve and
lawful for the Judges or Juftices of the Court before them.
whom fuch Offender ſhall be arraigned and condemn-
ed, at their Diſcretion to grant a Reprieve for the
ftaying of Execution of fuch Offender, and to cauſe
fuch Offender to be tranſported to any of His Maje-
fty's Plantations beyond the Seas, there to remain for
the Space of feven Years, to be accounted from the
Time of fuch Tranſportation, and during all that
Time there to be kept to Labour: (2) And if ſuch Of Penalty for
fender ſhall refuſe to be ſo tranſported, or after fuch refusing to
Tranſportation fhall return, or come again into this ed, or re-
Kingdom of England, or the Dominion of Wales, or turning. -
Town of Berwick upon Tweed, within the Time
aforeſaid, that then, and in every fuch Caſe the Per-
fon
i
be transport-
[ 120 ]
fon fo returning fhall be put to Execution upon the
Judgment fo given and pronounced againſt them.
do
Anno 22 and 23° Car. II. Cap. 11. (1)
An Act to prevent the Delivery up of Mer-
chants Ships, and for the Increase of good
and ferviceable Shipping.
HEREAS it often happeneth that Mafters
and Commanders of Merchants Ships do fuffer
their Ships to be boarded, and the Goods to be taken
out by Pirates and Sea-Rovers, notwithstanding they
have fufficient Force to defend themselves; whereby not
only the Merchants are much prejudiced, but the Ho-
nour of the Engliſh Navigation is thereby much dimi-
niſhed, and Merchants difcouraged from lading their
Goods on board English Ships, to the Decay of Shipping:
In the Prefervation of which, the Wealth, Honour and
Safety of this Nation is fo much concerned: (2) To
which the faid Mafters are encouraged by a Practice
uſed towards them by the Turks and others, who, after
they have taken out the Goods, as an Encouragement to
Mafters of Ships to yeild, do not only restore the Ship
with fuch Goods as are claimed by the Mafters or Sea-
men, but many Times pay unto the Maſters all or fome
Part of the Freight, which hath many Times caufed
Sufpicion of Treachery in the faid Mafters, to the great
Dishonour of the English Nation.
2. For
[ 121 ]
up any Ship
to any Pi-
rates, &c.
the Com-
2. For the Prevention thereof for the Future, and No Mater
for the better Encouragement to Merchants, as wellhall deliver
Foreigners as English, to freight and ufe English of 200 Tons
Ships; (2) Be it enacted by the King's moft Excellent and 16 Guns
Majesty, by and with the Advice and Confent of the
Lords Spiritual and Temporal, and Commons affem- without
bled in Parliament, and by Authority of the fame, fighting.
That where any Goods or Merchandizes fhall be
laden on board any English Ship, which Ship, fhall
be of the Burthen of two Hundred Tons or upwards,
and mounted with fixteen Guns, or more, if the Ma-
fter or Commander fhall yeild up the faid Goods to
Upon Proof
any Turkish Ships or Veffels, or to any Pirates or Sea- in the Ad-
Rovers, whatſoever, without fighting, that then and miralty, in-
in ſuch Caſe the Mafter fhall, upon Proof thereof capable of
made in the High Court of Admiralty, be from thence- mand of a
forth incapable of taking Charge of any English Ship Ship.
or Veffel, as Maſter or Commander thereof; (3) And If after-
if he fſhall at any Time thereafter preſume to take up- on him the
on him to command any English Ship or Veffel, he Command of
any Ship,
fhall fuffer Impriſonment by Warrant from the faid he ball be
Court, during the Space of fix Months for every fuch imprisoned
Offence: (4) And in cafe the Perfon fo taking the by the Ad-
miralty
faid Goods, fhall releaſe, give back, or let paſs the Court.
faid Ship, fhall pay unto the faid Mafter any Sum or
Sums of Money, or any Goods in lieu of Money for
Freight, or other Reward or Gift, that in all or any
fuch Cafes, the faid Goods or Money fo given, or the
Value thereof, as alfo the Maſter's Part of fuch Ship,
her Tackle, Apparel and Furniture ſo releaſed, given
back,
R
wards takes
[ 122 ]
from the
Where the back, or let pafs, out of which the faid Goods were
Mafter re-
ceives back taken, fhall be liable to repair the Perfons whoſe
Goods were fo delivered or taken, by Action in the
Pirate, &c. High Court of Admiralty : (5) And in caſe the Com-
any Part of
the Goods mander's, or Maſter's Part of the Ship, Tackle, Appa-
taken, &c. rel and Furniture, together with fuch Money and
The Mafter
not to de-
part out of
bis Ship,
Goods given, as aforefaid, fhall not be ſufficient to
repair all the Damages ſuſtained, then the Reparations
to be recovered on the Maſter's or Commander's Part
of the Ship, to be divided pro rata, amongſt the Per-
fons profecuting and proving their Damages, and the
Perfons damaged to have their Action againſt the Ma-
fter for the Remainder.
3. And be it further enacted by the Authority
aforefaid, That no Mafter of any fuch English Ships,
as aforefaid, being at Sea, and having difcovered any
baving dif- Ship to be a Turkish Ship, Pirate or Sea Rover, ſhall
Pirate, &c. depart out of his Ship upon any Pretence whatſoever,
left by his Detention on board any fuch Ship, the Safe-
ty of his own Ship be hazarded.
cover'd a
The Penalty
Ship is un-
der 200
4. And be it further enacted,
That if the Maftér
though not of the
where the of any English Ship or Veffel,
Burthen of two hundred Tons, or mounted with
Tons and 16 Sixteen Guns as aforefaid, fhall yeild his Ship unto any
Turkish Ship, Pirate, or Sea-Rover, (not having at the
leaft his double Number of Guns) without fighting,
every fuch Maſter ſhall be liable to all and every the
Guns.
Penalties in this Act contained.
5. And
[123]
*
4
*
5. And be it further enacted by the Authority They or
aforefaid, That upon Proceſs made out of the High by Process
Court of Admiralty, it fhall and may be lawful to, out of the
and for all Commanders of His Majefty's Ships of Admirally
to be feized
War, or the Commanders of any other English Ships, by Com-
to feize fuch Ships or Maſters fo offending, according manders of
the King's
to the faid Procefs in fuch Cafe to be iffued, and the
Ships of
fame to bring or fend in Cuftody into any Ports of War or
His Majeſty's Dominions, there to be proceeded againſt others.
according to the Intent and Meaning of this Act.
Not to vio-
late the
6. Provided, That none be hereby encouraged to
violate the Rights of the Ports of any foreign Prince Rights of
or State in Amity with the King's Majefty.
any foreign
Prince.
Mariners
7. And be it further enacted by the Authority Penalty for
aforefaid, That if the Mariners or inferior Officers of refusing to
any English Ship, laden with Goods and Merchan-fight.
dizes, as aforefaid, fhall decline, or refuſe to fight and
defend the Ship, when they ſhall be thereunto com-
manded by the Mafter or Commander thereof, or
ſhall utter any Words to difcourage the other Mari-
ners from defending the Ship, that every Mariner who
fhall be found guilty of declining or refuſing, as afore-
faid, fhall lofe all his Wages due to him; together
with fuch Goods as he hath in his Ship, and ſuffer
Impriſonment, not exceeding the Space of fix Months,
and fhall during fuch Time be kept to hard Labour
for his or their Maintenance.
R 2
8. Provided
[ 124 ]
Where the
Maſter is
forced to
yeild his
Ship, there
be is ex-
cufed.
8. Provided always, That if any Ship fhall have
been yeilded, as aforefaid, contrary to the Will and
Endeavour of the Maſter or Commander, by the Dif
obedience of the Mariners, teftified by their having
laid violent Hands on him; That in fuch Cafe the
Maſter or Commander ſhall not be liable to the Sen-
tence of Incapacity, as aforefaid; nor to any Action
for the Loffes fuftained by the Merchants, unleſs he
ſhall have received back from the Takers thereof, his
Ship or fome Recompence, Gift or Reward, as afore-
faid.
Mariners 9. And be it further enacted by the Authority
forcing him
to yeild bis aforefaid, That every Mariner who fhall have laid vio-
Ship, Felony.lent Hands on his Commander, whereby to hinder
him from fighting in Defence of his Ships and Goods
committed to his Truft, fhall fuffer Death as a Felon.
When any
Officers or
Seamen are
their Ship,
•
10. And for the better Encouragement to Captains,
Mafters, Officers and Seamen, to defend their Ship;
wounded in (2) Be it enacted by the Authority aforefaid, That
Defence of when any Engliſh Ship ſhall have been defended by
Provifion is Fight, and brought to her defigned Port, in which
made for Fight any of the Officers or Seamen fhall have been
wounded, it fhall and may be lawful to and for the
Judge of His Majeſty's High Court of Admiralty, or
his Surrogate, or the Judge of the Vice-Admiralty
within which the Ship fhall arrive at her Return, up-
on Petition of the Mafter or Seamen of fuch Ship fo
defended as aforefaid, to call unto him fuch, and fo
their
Mainte-
nance.
many
1
1
[125]
<
against Pi-
many as he ſhall be informed to be Adventurers or
Owner's of the Ship and Goods fo defended, and by
Advice with them to raiſe and levy upon the reſpective Seamen
Owners and Adventurers, by Procefs out of the faid maimed in
Court, fuch Sum or Sums of Money, as himfelf with fighting
the major Part of the Adventurers or Owners then rates, pro-
vided for by
prefent, fhall judge reaſonable, not exceeding the 8 Geo. I.
Value of two per Cent. of the Ship and Goods fo de- C.24. S. 5.-
fended according to the firft Coft of the Goods to be
made appear by the Invoice (which the Owner or his
Factor, or Correfpondent, is hereby required to pro-
´duce) or by the Oath of the faid Owner, Factor, or
Correfpondent, if thereunto required; (3) Which
Money fo raiſed, ſhall be paid unto the Regiſter of
the faid Court, who fhall receive for the fame, three
Pence in each Pound, and no more thence, to be dif
tributed amongſt the Captain, Maſter, Officers and
Seamen of the faid Ship, or Widows and Children of
the Slain, according to the Direction of the Judge of
the faid Court, with the Approbation of Three or
more of the Owners or Adventurers aforefaid, who
fhall proportion the fame according to their beſt
Judgments, unto the Ship's Company, as aforefaid,
having fpecial Regard unto the Widows and Children
of fuch as fhall have been flain in that Service, and to
fuch as fhall have been wounded or maimed.
The Benefit'
they are to
11. And in caſe the Company belonging unto any
English Merchant-Ship, fhall happen to take any receive by
Ship, which fhall firſt have affaulted them, the re- taking a
fpective Officers and Mariners belonging to the
fame, Ship that
fball affault
fhall, them.
[126]
Felony for
any Officer
Perfon wil
fully to de-
or other
Stroy any
Ship.
fhall, after Condemnation of fuch Ship and Goods,
have and receive to their own proper Ufe and Bene-
fit, fuch Part and Share thereof, as is ufually practif- ·
ed in private Men of War.
ť
12. And whereas it often happeneth that Mafters
and Mariners of Ships, having injured, or taken upon
Bottomry, greater Sums of Money than the Value of
their Adventure, do willfully caft away, burn, or other-
wife deſtroy the Ships under their Charge, to the Mer-
chants and Owners great Lofs; (2) For the Preven-
tion thereof for the Future; Be it enacted by the Au-
thority aforefaid, That if any Captain, Mafter, Ma-
riner, or other Officer belonging to any Ship, fhall
wilfully caft away, burn, or otherwiſe deſtroy the
Ship unto which he belongeth, or procure the fame to
be done, he ſhall fuffer Death as a Felon.
15
C. 7.
do
Anno 22 and 23° Car. II. C. 26.
An Act to prevent the Planting of Tobacco
in England, and for regulating the Plan-
tation Trade.
IS Car. II. 10. AND whereas by one Act of Parliament, in the
fifteenth Year of His Majefty's Reign, intituled,
An A&t for the Encouragement of Trade, It is de-
clared, That inasmuch as His Majefty's Plantations.
beyond
[ 127 ]
beyond the Seas, are inhabited with his Subjects of
England, for the maintaining a better Correfpondency
betwixt them, and keeping them in a firmer Dependance
upon it, and rendring them yet more Beneficial and
Advantagious unto it, in the further Imployment and
Encreaſe of English Shipping and Seamen, vent of
Woolen and other Manufactures, rendring the Navi-
gation to and from the fame more Safe and Cheap, and
making this Kingdom a Staple, not only of the Commo-
dities of thofe Plantations, but also of the Commodities
of other Countries, for the fupplying them (it being the
Ufage of other Nations to keep their Plantation-Trades
to themſelves); (2) It was therefore enacted, That no
Goods or Commodities of Europe, fhall be carried into
any the Plantations of Afia, Africa or America, but
what shall, bona fide, be laden and ſhipped in England,
and in Engliſh-built Ships, or Ships made free, and
navigated with English, according to an Act of Par-
liament on that Behalf: (3) And that no Officer of the
Cuftoms in England or Wales, fhall give any Warrant,
or fuffer any Sugar, Tobacco, and other Plantation
Goods therein particularly named,to be carried into any
other Country or Place whatsoever, until they have been
firft bona fide unladen in England, as by the ſaid A&t:
doth more at large appear.
11. Notwithstanding which, fome Perfons taking
Advantage of the not mentioning the Repealing of the
Word 'Ireland', in one Clauſe in an A&t of Parliament
made in the twelfth Year of His Majefty's Reign, in-
tituled, An Act for the Encouraging and Encrease of 12 Car. II.
Shipping 19,
C. 18. S..
[128]
Shipping and Navigation; where Bonds are directed
to be taken for all Ships that fhall lade any Sugar, or
other Commodities therein particularly mentioned, in
any of the faid Plantations, That the fame Commodities
fhall be by the faid Ship brought to fome Port of Eng-
land, Ireland, Wales, or Town or Port of Berwick,
and fhall there unload, and put the fame on Shore, the
faid Perfons having either refufed to give Bond for the
Return of their Ships in fuch Cafe to England, Wales,
or Town or Port of Berwick only, or having given ſuch
· Bonds, have nevertheless gone with their Ships to Ire-
land; by which Means (although this Kingdom hath and
doth daily fuffer a great Prejudice by the transporting
great Number of the People thereof to the faid Planta-
tions, for the peopling of them) yet that the Trade of
them would thereby in a great Meafure be diverted
from hence, and carried elsewhere, His Majefty's Cuftoms,
and other Revenues much leffened, and this Kingdom
not continue a Staple of the faid Commodities of the faid
Plantations, nor that Vent for the Future, of the Vic-
tual, and other native Commodities of this Kingdom;
The Word (2) Be it therefore enacted, and it is hereby enacted
Ireland' by the Authority aforefaid, That the Word Ireland,
Shall be left
aflfhall from and after the twenty-fourth Day of May,
Plantation in the Year of our Lord one Thouſand fix Hundred
Bonds.
and Seventy-one, be left out of all fuch Bonds which
ſhall be taken for any Ship or Veffel which ſhall ſet
Sail out of, or from England, Ireland, Wales, or
Town of Berwick upon Tweed, for any English Plan-
port of the tation in America, Afia, and Africa; (3) And that
Condition of in cafe the faid Ship or Veffel fhall load any of the
fuch Bonds.
The Pur-
faid
[129]
faid Commodities at any of the faid English Plantati-
ons, That the faid Commodities fhall be by the ſaid
Ship or Veffel brought to fome Port of England or
Wales, or to the Town of Berwick upon Tweed, and
fhall there unload and put on Shore the fame (the
Danger of the Seas only excepted) and in like Manner
for all Ships coming from any other Port or Place, to
any of the aforefaid Plantations, who by the aforefaid
A&t for Encouraging and Encreaſe of Shipping, are
permitted to trade there: (4) That from and after the
nine and twentieth Day of September, in the Year of
our Lord one Thouſand fix Hundred Seventy and
One, the Governor of fuch English Plantations fhall
before the faid Ship or Veffel be permitted to load on
board any of the faid Commodities, take Bond in Bonds to be
Manner, and to the Value mentioned and directed in given before
Goods fuf-
the above mentioned Act for the Encouraging and fer'd to be
Encreaſe of Shipping and Navigation, for each refpec- loaded on
tive Ship or Veffel, That fuch Ship or Veffel fhall car-
ry all the aforefaid Goods that be laden on board the
faid Ship, to fome other of His Majefty's English Plan-
tations, or to England, Wales, or Town of Berwick
upon Tweed: (5) And that every fuch Ship or Veffel Penalty.
which from and after the faid nine and twentieth
Day of September, in the Year of our Lord one Thou-
fand fix Hundred Seventy and One, ſhall load or take
on board any of the faid Commodities, until fuch
Bond given to fuch Governor, or Certificate produced See further
from the Officers of ſome Cuſtom-houfe of England, these Bonds.
relating to
Wales, or of the Town of Berwick, that fuch Bond 7 and 8 W.
hath been there duly given, or which contrary to the III. C. 22.
Tenor
S
board.
S. 13.
[130]
Penalty
where to be.
profecuted.
Tenor of fuch Bond, fhall carry the faid Goods to
any Land, Ifland, Territory, Dominion, Port or Place
whatſoever, other than to fuch other English Plantati
ons, as do belong to His Majefty, his Heirs and Suc-
ceffors, or to the Kingdom of England, Principality
of Wales, or Town of Berwick upon Tweed, and there
lay the fame on Shore; that every fuch Ship or Veffel
fhall be forfeited, with all her Guns, Tackle, Apparel,
Ammunition, Furniture and Lading; the one Moiety
to the King's Majefty, his Heirs and Succeffors, and
the other Moiety to him or them that ſhall ſeize and
fue for the fame in any of the ſaid Plantations, in the
Court of the High Admiral of England, or of any of
his Vice-Admirals, or in any Court of Record in Eng-
land, wherein no Effoin, Protection or Wager of Law
fhall be allowed.
12. And whereas many Complaints have been made
of Shipping, and Veffels belonging to fome of His Ma-
jefty's Colonies in America, that contrary to the Intent
and Meaning of this, and other afore-mentioned Laws,
they have brought and tranſported the faid Commodities
to divers Parts of Europe, and there unloaded the fame:
Governors (2) Be it further enacted by the Authority aforefaid,
of the Ame- That the Governors, or their Commanders in Chief,
tations to re- of his Majefty's reſpective Plantations, do once a Year
turn yearly at leaſt, make a Return to His Majeſty's Officers of his
Cuſtoms in the. Port of London, or to fuch other
Perfon or Perſons as His Majeſty ſhall appoint to re-
ceive the fame, a Lift of all fuch Ships or Veffels, as
rican Plan-
to the Cu-
Atom-bouſe a
Lift of the
Ships and
Commodities
therein. ſhall lade any of the faid Commodities in fuch Plan-
tations
[131]
tations refpectively, as alfo a Lift of all the Bonds taken
by them: (3) And in cafe any Ship or Veffel belong- Forfeiture
in cafe of
ing to any of His Majefty's Plantations, which ſhall
Ships un-
have on board her any Sugars, Tobacco, Cotton-Wool, loading any
Indicoes, Ginger, Fuſtick or other dying Wood, fhall Sugars, &c.
except in
be found to have unladed in any Port or Place of Eu- England,
rope, other than England, Wales, or the Town of &c.
Berwick upon Tweed, That fuch Ship or Veffel fhall
be forfeited, with all her Guns, Tackle, Apparel,
Ammunition, Furniture and Lading, to be recovered
and divided, as aforefaid.
any Admi-
13. And that it ſhall and may be lawful for any May be pro-
Perſon or Perſons, to profecute fuch Ship or Veffel in fecuted in
any Court of Admiralty in England; the one Moiety ralty Court
of the Forfeiture in cafe of Condemnation, to be to His inEngland.
Majeſty, his Heirs and Succeffors; and the other Moi-
ety to fuch Proſecutor or Profecutors thereof.
to be taken
A&t.
14. And laſtly it is hereby enacted, and be it fur- Tangier not
ther enacted by the Authority aforefaid, That Tangier to be a
ſhall not be deemed or taken to be a Plantation to Plantation
His Majeſty belonging in Afia, Africa or America, within this
within the Intent and Meaning of this Act, or any of
the afore-mentioned Acts, fo as to enjoy any Right,
Privilege or Benefit of Trading, to or from the faid
Plantations, or any of them; any Law, Act, Ufage or
Declaration to the contrary notwithſtanding.
S 2
15. Provided
$
[132]
Continu-
ance.
15. Provided always, and be it enacted, That this
Act ſhall continue in Force for nine Years, and from
thence to the End of the next Seffion of Parliament,
and no longer. Continued by 5 Geo. I. C. 11. S. 19.
So long as 1 2 Car. II. C. 4. fhall continue.
no
飘
​Anno 29¹º Car. II. Cap. 3.
An Act for Prevention of Frauds and
Şoldiers and 23.
Mariners
Wills ex-
cepted out
P
Perjuries.
ROVIDED always, That notwithſtand-
ing this Act, any Soldier being in actual
military Service, or any Mariner or Seaman being at
of this Alt. Sea, may difpofe of his Moveables, Wages and per-
fonal Eſtate, as he or they might have done before
the making of this Act.
Anno
[ 33 ]
*. *.
Anno mo Gul. & M. Cap. 32.
I
An Act for the better preventing the Ex-
portation of Wool, and encouraging the
Woolen Manufactures of this Kingdom.
Continued by 4 and 5 W. and M. Cap.
24. S. 10. (except what relates to free
Exportation of Woolen Manufacture)
for three Years, with Proviſo that no
Wool fhall be imported from Ireland to
Exeter.
A
ND be it further enacted by the Authority Cocquet how
to be made.
4. A aforefaid, That all Cocquets for carrying do.
By 5 Geo.
Provifions
Wool from any Port within the Kingdom of England, I. C. 11.
Dominion of Wales, or from the Port cf Berwick up- S. 14. Thefe
on Tweed, fhall be written upon Paper, and not Parch-
ment, and figned by Three of the chief Officers of to Wool-
fuch reſpective Port at leaſt.
are extended
fells, Mort-
lings, &c.
•port
Export.
6. Be it further enacted by the Authority aforefaid, Ports of Im-
That no Wool ſhall be ſhipped from the Kingdom of port and
Ireland, but from theſe Ports following, (viz.) Dub- Alter'd by 7
lin, Waterford, Youghall, Kingfale, Cork, and Drog- and 8 W.
beda; and that no Wool fhall be imported from the
Kingdom of Ireland into any Ports but theſe follow-
ing, viz. Liverpool, Chefter, Bristol, Minehead, Barn--
Ataple, Bidiford and Exeter.
14. Provided
III. C. 28.
S. 5.
[134]
1
Wool from
Southamp-
ton.
STO
14. Provided alfo, and it is hereby enacted by the
Authority aforefaid, That it fhall and may be lawful
to tranſport from the Port of Southampton only, for
the only Uſe or Behoof of the Inhabitants of the
İflands of Guernsey, Jersey, Alderney, and Sark, and
of the Woolen Manufactures there made, one Thou-
fand Tods of unkembed Wool for the Ifland of Guern-
fey, two Thousand Tods of unkembed Wool for the
Inland of Jerfey, two Hundred Tods of unkembed
Wool for the Ifland of Alderney, and one Hundred
Tods of unkembed Wool for the Ifland of Sarke, more
than by the ſaid Act made in the twelfth Year of the
Reign of King Charles the Second is directed and pro-
vided for the fame, to be done according to the fame
Rules, Orders, and Directions, and under the like
Penalties and Forfeitures as in the faid Act is directed,
ordained, appointed and inflicted, and on the further
Penalty of twenty Pounds for every Tod of Wool, and
Forfeiture of the Wool itſelf (one Half thereof to His
Majefty, one quarter Part thereof to the Informer, and
the other quarter Part to the Poor of the faid Iflands)
in cafe any Perſon fhall again tranſport or attempt to
tranſport any of the faid Wool from the faid Iſlands,
for every Offence therein; and alſo that
and alſo that every Perſon
fo offending ſhall from and after the firft Offence be
incapable of having or enjoying any Grant of any
Wool from the faid Port of Southampton, nor fhall'
ever hereafter have any Warrant given or granted him
for that Purpoſe; the faid Penalties to be recovered by
fuch Perfon as ſhall fue for the fame by any Action of
Debt,
[ 135 ]
Debt, Bill, Plaint, or Information, wherein no Ef-
foign, Protection, Privilege, Wager of Law, Injunc-
tion, or Order of Reſtraint is to be allowed, or any
more than one Imparlance.
Anno 2do Gul. & M. Seff. II. Cap. 2. (12)
An Act concerning the Commiffioners of the
Admiralty.
HEREAS the Office of Lord High Admiral
of England, hath at fundry Times, and for feve-
ral Years, been executed, and all the Authorities to the
Same belonging exercised by divers Commiſſioners for
that Purpofe appointed by their Majefties and the late
Kings, but of late fome Doubt hath rifen, whether cer-
tain Authorities belonging to the faid Office of Lord
High Admiral did or do of Right belong to, and might,
may, or ought to have been or be exercifed by fuch Com-
miffioners for the Time being: Now for avoiding all
fuch Doubts and Questions.
•
miral may
2. Be it declared and enacted by the King's and The Power
Queen's moft Excellent Majefties, by and with the of the Ad-
Advice and Confent of the Lords Spiritual and Tem- in allThings
poral, and Commons, in this preſent Parliament af- be executed
fembled, and by the Authority of the fame, That all oners.
and fingular Authorities, Jurifdictions, and Powers,
which, by any Act of Parliament or otherwiſe have
been.
by Commiff
[ 136 ]
This Act
gives no
new or en-
er.
been, and are lawfully vefted, fettled, and placed in
the Lord High Admiral of England for the Time be-
ing, have always appertained to, and of Right might
have been, and may, and fhall be had, enjoyed, uſed,
exerciſed, and executed by the Commiffioners for ex-
ecuting the Office of High Admiral of England for
the Time being, according to their Commiffions, to
all Intents and Purpoſes, as if the faid Commiffioners
were Lord High Admiral of England.
3. Provided, That nothing in this Act contained
ſhall extend, or be taken, or conftued to extend to give
larged Pow- or allow to the Lord High Admiral, or to the Com-
miffioners for executing the Office of High Admiral,
any other Authority, Jurifdiction, or Power, than the
Lord High Admiral lawfully had, or might have
had, uſed and exerciſed, if this Act had not been made.
Officers in
Courts
Martial to
4. Provided always, and be it enacted, That upon
all Trials of Offenders by Courts Martial to be held by
take the fol- Virtue of any Commiffion to be granted by the Lord
lowing Oath. High Admiral, or the Commiffioners for executing the
Office of High Admiral, every Officer preſent fhall,
before any Proceeding to Trial, take an Oath before
the Court (which Oath the Judge Advocate, or his
Deputy for the Time being, are hereby reſpectively
authorized to adminiſter) in theſe Words following;
"You ſhall well and truly try and determine the
"Matter now before You between Our Sovereign
"Lord and Lady the King's and Queen's Majefties,
"and the Prifoner to be tried; So help you God."
Anno
[137]
1
Anno 3° Gul. & M. Cap. 11.
An Act for the better Explanation and
Supplying the Defects of the former
Laws, for the Settlement of the Poor.
4.
P
&c. in the
ROVIDED always, and be it enacted, No Soldier,
That no Soldier, Seaman, Shipwright, or or Mariner,
other Artificer or Workman imployed in their Maje- King's Ser-
fties Service, ſhall have any Settlement in any Pariſh, vice to have
Port-Town, or other Town, by Delivery and Publi- before Dif
cation of a Notice in Writing----, unleſs the ſame be miffion.
after the Difmiffion of fuch Perfon out of their Maje-
fties Service.
a Settlement
Anno 5to Gul. & M. Cap. 21.
An Act for granting to their Majefties fe-
veral Duties upon Vellum, Parchment,
and Paper, for four Years, towards car-
rying on the War against France.
6.
PR
ROVIDED, That nothing in this Act Probate of
contained ſhall extend to charge the Probate Seaman's
of any Will, or Letters of Adminiſtration of any com- excepted,
Will, &c.
mon Seaman or Soldier, "who fhall be flain or die in and not to be
T
their Stampt.
[ 138 ]
f
their Majeſties Service, a Certificate, being produced
from the Captain of the Ship or Veffel, or Captain of
the Troop or Company, under whom fuch Seaman or
Soldier ferved at the Time of his Death, and Oath
made of the Truth thereof, before the proper Judge
or Officer by whom fuch Probate or Adminiftration
ought to be granted; which Oath fuch Judge or Of
ficer is hereby authorized and required to adminifter,
and for which no Fee or Reward fhall be taken..
Anno 6to &mo Gul. III. Cap. г1.
An Act for the more effectual Suppreffing
profane Curfing and Swearing.
HEREAS it is found by Experience, that
an Act of Parliament made in the one and twen-
tieoh Year of the Reign of King James the Firft, inti-
tuled, An Act to prevent and reform profane Swear-
ing and Curfing, hath proved ineffectual to the Sup-
preſſing of thofe deteftable Sins, by Reaſon of fome Defi-
ciences in the faid Act; Be it therefore enacted by the
King's moſt Excellent Majefty, by and with the Ad-
vice and Confent of the Lords Spiritual and Temporal,
and Commons, in this prefent Parliament affembled,
The Forfei- and by the Authority of the fame, That if any Perfon
tures of fe-
veral De- or Perſons ſhall (after the four and twentieth Day of
grees of Per- June, in the Year of our Lord one Thouſand Gx Hun-
fons for
dred Ninety five) profanely fwear or curfe in the Pre-
fwearing.
fence
[139]
#
fence or hearing of any Juftice of Peace of the County,
Riding, or Divifion, or of the Mayor or other Head
Officer or Juftice of Peace for any City or Town
Corporate, where fuch Offence is or fhall be commit-
ted, or that fhall be thereof convicted by Oath of one
Witneſs, or by the Confeffion of the Party offending,
before any Juftice of Peace of the County, or Mayor,
or Bailiff, or other Chief Officer or Juftice of the
Peace of fuch City or Town Corporate, where the
faid Offence ſhall be committed, that then, for every
fuch Offence, the Party fo offending fhall forfeit and
pay to the Ufe of the Poor of the Pariſh where fuch
Offence or Offences fhall be commited, the reſpective
Sums herein after mentioned (that is to fay) every Ser- Common
vant, Day Labourer, common Soldier, and common Soldier.
Seaman, one Shilling, and every other Perfon, two
Shillings; and in cafe any of the Perfons aforefaid
fhall, after Conviction, offend a fecond Time, fuch
Perſon ſhall forfeit and pay double; and if a third
Time, treble the Sum reſpectively by him or her to be
paid for the firſt Offence.
Seaman, or
2. And it is hereby further enacted, That upon To be levied
Neglect or Refufal of Payment of the faid Forfeiture, by Diftreſs.
any Juftice of Peace of the County, Riding, or Divi-
fion, or Mayor, or other Head Officer or Juftice of
Peace of any City or Town Corporate, where the faid
Offences fhall be committed, fhall, and are hereby
authorized and required to direct and fend his Warrant
to the Conſtable, Tythingman, Church-warden, or
Overfeer of the Poor of the Pariſh where the Of
T 2
fence
[ 140 ]
If no Dif
treſs, Of-
}
fender to be
Set in the
Stocks, &c.
No Perfon
H
1
fence fhall be committed, or where the Offender fhall
inhabit, thereby commanding them, or fome one or
more of them, to levy, by Diftrefs and Sale of the
Goods of the Offender, the Sum fo forfeited, for the
Ufe of the Poor of the Pariſh, as aforefaid; and in
cafe no fuch Diſtreſs can be had, then every fuch Of-
fender, being above the Age of fixteen Years, fhall,
by Warrant under the Hand and Seal of the faid Ju-
ftice of Peace or other Officer, as aforefaid, be publick-
ly fet in the Stocks for the Space of one Hour for eve-
ry fingle Offence, and for any Number of Offences,
whereof he fhall be convicted at oné and the fame
Time, then two Hours; and if the Party offending be
under the Age of fixteen Years, and ſhall not forth-
with pay the faid Forfeitures, then he or ſhe ſhall by
Warrant, as aforefaid, be whipped by the Conſtable,
or by the Parent, Guardian, or Mafter of fuch Offend-
er, in the Preſence of the Conftable.
Anno 7mo & 8vo Gul. III. Cap. 19.
1
An Act to encourage the bringing Plate in-
to the Mint to be coined, and for the fur-
ther remedying the ill State of the Coin of
the Kingdom.
10 foip mol. 6. AND for the more effectual prohibiting the
to ſhip
ten Silver
or Bullion
without
melting down the Coin of this Kingdom, and
filver Plate wrought within this Realm, and the Ex-
Certificate ・portation of the molten Silver and Bullion of this
Kingdom,
[141]
1
}
·
that the
28. As to
Hilts,
Kingdom, Be it enacted by the Authority aforefaid, and Oath
That from and after the laſt Day of March, One fame is fo-
Thoufand Six Hundred Ninety-fix, no Perfon or reign Bulli-
Perſons whatſoever fhall ſhip or cauſe to be ſhipped on, and not
coined, clipt,
or put on Board any Veffel or Ship whatſoever, any &c. in
Molten Silver or Bullion whatſoever, either in Bars, England.
Ingots, Wedges, Cakes, Pinas, or in any other Form See 9 & 10
whatſoever, unleſs a Certificate be firft had and ob- W. III. C.
tained from the Court of the Lord Mayor and Al- exporting
dermen of the City of London, Oath having been Watches,
made before the faid Court, by the Owner or Owners Sword-
of fuch Molten Silver or Bullion, and likewiſe by two wrought
or more credible Witneffes, that the fame Molten Plate, &c.
Silver, and Bullion, and every Part and Parcel thereof,
was and is Foreign Bullion, and that no Part thereof
was (before the fame was Molten) the Coin of this
Realm, or Clippings thereof, nor Plate wrought
within this Kingdom; which Oath the faid Court of
the Lord-Mayor and Aldermen of the City of Lon-
don are hereby required and authorized to adminifter,
and to examine ftrictly all and every fuch Perfons
as fhall make fuch Oath concerning the Premiffes,
*
#
?
.
Name.
and likewiſe to make and grant a Certificate thereof, Certificate
as aforefaid, without Fee or Reward; which Certi- to exprefs
ficate fhall alſo contain and exprefs the Name and the Owner's
Names of the Owner or Owners of fuch Molten Silver Weight of
or Bullion, and of the Witneſs or Witneffes, and the Bullion.
true Weight of fuch Molten Silver or Bullion ; An aud given.
Entry of which Certificate fhall be duly made by gratis.
the faid Court, in a Book to be kept for that Pur-
pofe; which Certificate fhall be fhewn to the Com-
miffioners
to be entred
[142]
without
{
miffioners of the Cuftoms for the Time being, or
four of them before any Cocket be granted for the
exporting fuch Molten Silver or Bullion; And an
Entry thereof ſhall be alfo duly made by the faid
Commiffioners of the Cuſtoms, in a Book to be kept
by them for that Purpoſe.
+
>
7. And be it further enacted, that if any Perſon
or Perſons whatſoever ſhall ſhip, or cauſe to be fhip-
Molten Sil- ped, or put on Board any Veffel or Ship any Molten
ver or Bul-Silver or Bullion whatfoever, as aforefaid, without
lion ſhipt
Oath, Certificate, and Entry, firſt made and obtained,
Oath, &c. as is before provided, in every fuch Cafe it ſhall and
Officers,&c.
may feize. may be lawful to and for any Officer or Officers of
his Majeſty's Cuſtoms, or any other Perfon or Perfons,
to feize fuch Molten Silver and Bullion fo fhipped
and put on Board, as forfeited; one Moiety whereof
fhall be to his Majefty, his Heirs, and Succeffors, and
the other Moiety to the Officer and Officers, or Per-
Penalty on fons fo feizing the fame; And the Owner or Owners,
the Owner. Proprietor or Proprietors of fuch Molten Silver or
Bullion fhall forfeit double the Value of fuch Molten
One Moiety Silver or Bullion; one Moiety whereof fhall be to
to the King, his Majefty, and the other Moiety to the Perfon that
the other to fhall fue or inform for the fame, to be recovered,
the Seizer. with Cofts of Suit, by Action of Debt, Bill, Plaint,
or Information, wherein no Privilege, Protection, or
Wager of Law, fhall be allowed, nor any more than
Maſter of
the Ship, if one Imparlance; And the Captain or Mafter of ſuch
it belong to Ship or Veffel (if the fame belong to a Subject) who
Subject, to fhall knowingly permit the faid Molten Silver. or
1
forfeit 2001.
Bullion
+
7 11
[
43 ]
1
Bullion to be put on Board his faid Ship or Veffel,
fhall forfeit to fuch Perfon or Perfons as fhall fue or
inform for the fame, the Sum of Two Hundred
Pounds, to be fued for and recovered in Manner as
aforefaid; And in Caſe the Ship or Veffel be a Man If Captain
of War, or Veffel belonging to his Majefty, then the of a Man of
War, to for-
Captain thereof fhall forfeit the Sum of Two Hun-
feit 2001.
dred Pounds to any Perfon that fhall fue for the and lofe bis
fame, as aforefaid, and fhall forfeit his Imployment, Poft, and be
incapable of
and be made uncapable of any Office or Imployment, any Imploy-
Civil or Military.
ment.
mo
Anno 7 & 8° Gul. III. Cap. 21.
An Act for the Increafe and Encourage-
ment of Seamen.
IO.
A
Six-pence
out of all
wards the
ND be it further enacted by the Autho- per menfem
rity aforefaid, - That every Seaman to be paid
whatſoever, that fhall ferve his Majefty, his Heirs, or Seamens
Succeffors, or any other Perſon or Perfons whatſoever, Wages to-
in any of his Majeſty's Ships, or in any Ship or Veffel
Support of
whatſoever, belonging or to belong to any the Sub- Greenwich
jects of England, or any other his Majefty's Dominions, Hofpital.
fhall allow, and there fhall be paid out of the Wages & 3 Ann.
every fuch Seaman to grow due for fuch his Ser- C. 6. S. 7.
Parish Ap-
vice, Six-pence per menfem for the better Support of prentices to
the faid *Hoſpital, and to augment the Revenues the Sea Ser-
vice exempted till the Age of 18 Years. * i. e. Greenwich Hospital.
of
thereof
Note, By 2
[144]
thereof for the Purpoſes aforefaid; which monthly
Allowance fhall and may be collected, levied, and
recovered by fuch Officers, and according to fuch
See 10Ann. Rules and Methods, as fhall in that Behalf be ap-
pointed by the faid Commiffioners for executing the
2 Geo. II. Office of Lord High Admiral of England, or any
2.Geo. II. three or more of them, or by the Lord High Ad-
miral of England for the Time being.
C. 17.
C. 7.
C. 36.
C. 18.
f
Anno mo & 8vo Gul. III. Cap. 22.
An Act for preventing Frauds and regu-
lating Abufes in the Plantation Trade.
WHEREAS notwithstanding divers Acts
made for the Encouragement of the Navigation
of this Kingdom, and for the better fecuring and re-
gulating the Plantation Trade, more especially one Act
12 Car. II. of Parliament made in the Twelfth Year of the Reign
of the late King Charles the Second, intituled, An
Act for increafing of Shipping and Navigation,
great Abufes are daily committed, to the Prejudice
of the English Navigation, and the Lofs of a great
Part of the Plantation Trade to this Kingdom, by
the Artifice and Cunning of ill difpofed Perfons:
For Remedy whereof for the future,
Goods not to
2. Be it enacted, and it is hereby enacted and or-
imported or dained by the King's Moft Excellent Majefty, by
exported to and with the Advice and Confent of the Lords Spiri-
or from the
tual
[145]
or
land, or in
the Planta-
only; and
tual and Temporal, and Commons, in Parliament Plantations
but in Ships
affembled, and by the Authority of the fame, that built in F-
after the five and twentieth Day of March, One gland, Ire-
Thouſand Six Hundred Ninety Eight, no Goods
Merchandizes whatſoever fhall be imported into, or tions: The
exported out of, any Colony or Plantation to his Master and
three fourths
Majefty in Afia, Africa, or America, belonging or of the Ma-
in his Poffeffion, or which may hereafter belong un-riners of the
to, or be in the Poffeffion of his Majefty, his Heirs, Jaid Places
or Succeffors, or fhall be laden in, or carried from the Ship to
any one Port or Place in the ſaid Colonies or Planta- be wholly
owned by
tions to any other Port or Place in the fame, the People of the
Kingdom of England, Dominion of Wales, or Town faid Places.
of Berwick upon Tweed, in any Ship or Bottom, but
what is or fhall be of the Built of England, or of
the Built of Ireland, or the faid Colonies or Planta-
tions, and wholly owned by the People thereof, or
any of them, and navigated with the Maſters and
three fourths of the Mariners of the faid Places only
(except fuch Ships only as are or fhall be taken as Except
Prize, and Condemnation thereof made in one of Prize Ships.
the Courts of Admiralty in England, Ireland, or the
faid Colonies or Plantations, to be navigated by the
Mafter and three fourths of the Mariners English, or
of the faid Plantations, as aforefaid, and whereof the
Property doth belong to English Men: ---) under
Pain of Forfeiture of Ship and Goods; one third Penalty.
Part whereof to be to the Ufe of his Majefty, his
Heirs, and Succeffors, one third Part to the Gover-
nor of the faid Colonies or Plantations, and the other
third Part to the Perſon who fhall inform and fue for
U
the
[146]
Goods may
in Prize
the fame, by Bill, Plaint, or Information, in any of
his Majefty's Courts of Record at Westminster, or
in any Court in his Majeſty's Plantations, where fuch
Offence ſhall be committed.
}
3. And be it further enacted by the Authority
be imported aforefaid, that (from and after the faid five and
and exported
twentieth Day of March) Goods, or Merchandizes
Ships, the
may be exported or imported to and from this King-
Master and
dom, the Colonies, Plantations, and Places aforefaid,
three fourths
of the Ma- in any fuch Ships as are or fhall be taken as Prize,
riners being and whereof Condemnation fhall be made in one of
Engliſh.
Ships coming
into, or go-
tions, liable
to the fame
the Courts of Admiralty aforefaid, and fhall be na-
vigated as aforefaid, by the Mafter, three fourths of
the Mariners English, and whereof the Property fhall
belong to English Men, any Law or Statute to
the contrary notwithſtanding.
<
6. And for the more effectual preventing of Frauds,
ing out of and regulating Abuſes in the Plantation Trade in
the Planta- America, Be it further enacted by the Authority
aforefaid, that all Ships coming into, or going out of
Rules, &c. any of the faid Plantations, and lading or unlading
as Ships in any Goods or Commodities, whether the fame be
England, his Majefty's Ships of War, or Merchants Ships, and
by 13
14 Car. II. the Maſters and Commanders thereof, and their
Ladings, fhall be fubject, and liable, to the fame
Rules, Vifitations, Searches, Penalties, and Forfei
tures, as to the Entring, Lading, or Difcharging
their respective Ships and Ladings, as Ships and their
Ladings, and the Commanders and Masters of Ships
C. 11.
4
are
[147]
}
venue there
as Officers
are fubject and liable unto in this Kingdom, by
Virtue of an Act of Parliament made in the four-
teenth Year of the Reign of King Charles the Second,
intituled, An Act for preventing Frauds and regula-
ting Abuſes in his Majeſty's Cuſtoms: And that the And Officers
Officers for collecting and managing his Majefty's of the Re-
Revenue, and infpecting the Plantation Trade in to have the
any of the faid Plantations, fhall have the fame fame Powers
Powers and Authorities, for vifiting and fearching of the Cuf-
of Ships, and taking their Entries, and for feizing toms in En-
and ſecuring, or bringing on Shoar any of the Goods gland.
prohibited to be imported or exported into or out
of any the ſaid Plantations, or for which any Duties
are payable, or ought to have been paid by any of
the before-mentioned Acts, as are provided for the
Officers of the Cuftoms in England by the faid laft
mentioned Act, made in the 14th Year of the Reign Penalty on
of King Charles the Second, and alfo to enter Houfes Wharfin-
or Warehouſes, to fearch for and feize any fuch afting in
Goods; and that all the Wharfingers, and Owners Concealment
or Reſcue of
of Keys and Wharfs, or any Lightermen, Bargemen, Goods.
Watermen, Porters, or other Perfons affifting in the
Conveyance, Concealment, or Refcue, of any of the
faid Goods, or in the hindring or Refiftance of any
of the faid Officers in the Performance of their Du-
ty, and the Boats, Bargés, Lighters, or other Veffels,
imployed in the Conveyance of fuch Goods, fhall be
fubject to the like Pains and Penalties as are provided
by the fame Act made in the 14th Year of the Reign
of King Charles the Second, in Relation to prohibit-
ed or uncuftomed Goods in this Kingdom; and that
U 2
the
fi
gers, &c.
[148]
Listance to be
C. II.
?
The like Af- the like Affiftance fhall be given to the faid Officers
in the Execution of their Office, as by the faid laft
given the
Officers, and mentioned Act is provided for the Officers in England';
the Officers and alfo that the faid Officers fhall be fubject to the
Jubject to
the fame Pe- fame Penalties and Forfeitures for any Corruptions,
nalties, as Frauds, Connivances, or Concealments, in Violation
by 13 and
of the before-mentioned Laws, as any Officers of
14 Car. II. any
the Cuſtoms in England are liable to, by Virtue of
the faid laſt mentioned Act; and alfo that in Cafe
any Officer or Officers in the Plantations fhall be
fued or moleſted for any Thing done in the Execu-
tion of their Office, the faid Officer fhall and may
General Jue..plead the general Iffue, and fhall give this or other
Cuſtom Acts in Evidence, and the Judge to allow
thereof, have and enjoy the like Privileges and Ad-
vantages, as are allowed by Law to the Officers of
his Majeſty's Cuſtoms in England..
Forfeitures
7. And it is hereby further enacted; that all the
bow to be Penalties and Forfeitures before mentioned, not in
divided, and this Act particularly difpofed of, ſhall be one third
where re-
covered.
-
1
Part to the Uſe of his Majefty, his Heirs and Succef-
fors, and one third Part to the Governor of the Cor
lony or Plantation where the Offence fhall be com-
mitted, and the other third Part to fuch Perfon or
Perfons as ſhall fue for the fame, to be recovered in
any of his Majeſty's Courts at Westminster, or in the
Kingdom of Ireland, or in the Court of Admiralty,
held in his Majefty's Plantations refpectively, where
fuch Offence ſhall be committed, at the Pleaſure of
the Officer or Informer, or in any other Plantation
belonging
[149]
f
belonging to any Subject of England, wherein no
Effoign, Protection, or Wager of Law, fhall be al-
lowed; and that where any Queftion ſhall ariſe con- Proof to lie
cerning the Importation or Exportation of any Goods on the Ow-
into or out of the faid Plantations, in fuch Cafe the
Proof fhall lie upon the Owner or Claimer, and
the Claimer fhall be reputed the Importer. or Owner.
thereof..
}
8. And whereas in fome of his Majefty's American
Plantations, a Doubt or Mifconftruction has arifen
✓
ner.
C. 7.
upon the before mentioned Act, made in the five and
twentieth Year of the Reign of King Charles the Se- 25 Car. II:
cond, whereby certain Duties are laid upon the Com-
modities therein enumerated (which by Law may be
transported from one Plantation to another for the Sup-
ply of each others Wants) as if the fame were, by the
Payment of thofe Duties in one Plantation, difcharged
from giving the Securities intended by the aforefaid
Acts, made in the twelfth, two and twentieth, and
three and twentieth Years of the Reign of King
Charles the Second, and confequently be at Liberty to
go to any Foreign Market in Europe, without coming
to England, Wales, or Berwick: It is hereby further No Goods to
enacted and declared, that notwithſtanding the Pay- be shipped
ment of the aforefaid Duties in any of the faid Plan- tho "Duties -
paid in the
tations, none of the faid Goods. fhall be ſhipped or Plantations,
laden on Board, until fuch Security fhall be given as
is required by the faid Acts, made in the twelfth, quired, by
two and twentieth, and three and twentieth Years 12 Car. II.
of the Reign of King Charles the Second, to carry 22 and 23
་
the
till Security
given as re-
C. 18. and
A
[ 156 ]
Forfeiture
Car, II. the fame to England, Wales, or Berwick, or to fome
C. 26. on other of his Majefty's Plantations, and ſo toties quoties,
of Ship and as any of the faid Goods fhall be brought to be re-
ſhipped or laden in any of the ſaid Plantations, under
the Penalty and Forfeiture of Ship and Goods, to be
divided and diſpoſed of as aforefaid.
Goods.
Laws, By-
laws, &c.
pugnant to
this Act,
void.
C
3
1.
9. And it is further enacted and declared by the
of the Plan- Authority aforefaid, That all Laws, By-laws, Ufages
tations, re- or Cuftoms, at this Time, or which hereafter fhall be
in Practice, or endeavoured or pretended to be in
Force or Practice in any of the faid Plantations, which
are in any-wiſe repugnant to the before mentioned
Laws, or any of them, fo far as they do relate to the
faid Plantations, or any of them, or which are any
ways repugnant to this prefent Act, or to any other
Law hereafter to be made in this Kingdom, fo far as
fuch Law fhall relate to and mention the faid Plan-
tations, are Illegal, Null, and Void, to all Intents and
Purpoſes whatſoever.
d
JU
10. And whereas great Frauds and Abufes have
been committed by Scotch-men, and others, in the
Plantation Tradeš, by obtruding falfe and counterfeit
Certificates upon the Governor and Officers in the
Plantations, appointed by his Majesty's Commiffioners
of the Customs in England, of having given Security
in this Kingdom to bring the Ladings of Plantation
Goods to England, Wales, or Town of Berwick upon
Tweed, as alfo Certificates of having difcharged their
Lading of Plantation Goods in this Kingdom, purſuant
-
to
[151]
[ 151
to Securities taken in the Plantation, and alfo Cockets
or Certificates of having taken in their Ladings of
European Goods in England, Wales, or Berwick; by
Means whereof they may carry the Goods of Scotland,
and other Places of Europe, without ſhipping or Lad-
ing the fame in England, Wales, or Berwick to his
Majefty's Plantations, and alfo carry the Goods of the
Plantations directly to Scotland, or to any other Mar-
ket in Europe, without bringing the fame into England,
Wales, or Town of Berwick upon Tweed: It is hereby Officers fu-
further enacted, That in fuch Cafes where the Gover-Specting
Certificate,
nor or Officers appointed by the Commiffioners of the to take Se-
Cuſtoms in the Plantations fhall have reaſonable curity for
Difcharge
Ground of Sufpicion that fuch Certificates are falfe or of Plantati-
counterfeit (that is to fay) that the Certificate of hav- on Lading;
ing given Security in England is falfe, in fuch Cafe and not to
the Governor or Officers appointed by the Commiffi- tificate, 'till
oners of the Cuftoms ſhall require and take fufficient informed of
Security there for the Diſcharge of the Plantation
Lading in England, Wales, or Town of Berwick up-
on Tweed; and in fuch Cafe where there fhall be
Cauſe to fufpect that the Certificate of having dif-
charged her Lading of Plantation Goods in this King-
dom is falfe or Counterfeit, the Governor or Officers
aforefaid ſhall not cancel or vacate the Security given
in the Plantation, until he or they fhall be informed
from the Commiffioners of the Cuſtoms in England,
that the Matter of the faid Certificate is true; and if Penalty on
any Perfon or, Perfons ſhall counterfeit, raze, or falfi- Perfons
fy any Cocket, Certificate, Return, or Permit, for ing Coc-
any Veffel or Goods, or fhall knowingly or willing-quets, &c.
*
ly
cancel Cer-
the Truth.
counterfeit-
[152]
In Actions
ons.
ly make Uſe thereof, fuch Perfon or Perſons fhall for-
feit the Sum of five Hundred Pounds, to be recovered
and difpofed of as aforefaid, and the Cocket, Certifi-
cate, Return, or Permit, fo counterfeited, razed, or
falfified, ſhall be invalid, and of no effect.
II. ---. Be it further alfo enacted, That upon any
brought in
Plantations, Actions, Suits, and Informations, that fhall be brought,
Fury to be commenced, or entered in the faid Plantations, upon
Natives of
England, any Law or Statute concerning his Majefty's Duties,
Ireland, or Ships or Goods to be forfeited by reafon of any un-
or Plantati- lawful Importations or Exportations, there fhall not be
any Jury, but of fuch only as are Natives of England
or Ireland, or are born in his Majeſty's faid Plantati-
ons; and alſo that upon all fuch Actions, Suits, and
Informations, the Offences may be laid or alledged to
be in any Colony, Province, County, Precinct, ör
Divifion, of any of the faid Plantations where fuch
Offences are alledged to be committed, at the Plea-
fure of the Officer or Informer.
Offence to
be laid in
any Colony
thereof.
22 and 23
Car. 11. C.
26.
13. And whereas by the faid Act made in the two
and twentieth and three and twentieth Years of the
Reign of his faid late Majefty King Charles the Seconds
the Bonds required to be given in the Plantations by:
Virtue of the ſaid Act, for Encouraging and Increaf
ing of Shipping and Navigation, are altered, and the
Word Ireland to be left out of the Condition of all fuch
Bonds; and by the ſaid A&t it is enacted and provided,
That for fuch Ships or Veſſels coming from other Ports
or Places, to any of the faid Plantations, which by the
Said
[153]
Said Act for Encouraging and Increase of Shipping
were permitted to trade there, the Governors of fuch
English Plantations fhould, before the Said Ship or
Veffel should be permitted to load on board any of the
Commodities in the faid AEt particularly mentioned,
take Bond in Manner and to the Value mentioned and
directed in the above mentioned A&t for Encouraging
and Increaſe of Shipping and Navigation, for each re-
Spective Ship or Veffel, that fuch Ship or Veffel fhall
carry all the aforefaid Goods, that ſhould be laden on
board in the faid Ship, to fome other of his Majefty's
Engliſh Plantations, or to England, Wales, or Town
of Berwick upon Tweed: But becauſe no Provifion
hath hitherto been made for the returning and produc-
ing Certificates within fome reaſonable limitted Time,
of the landing and difcharging fuch Goods, according
to the Condition of the faid Bonds; and alfo, because
many Times it hath happened that the Sureties taken
in the faid Bonds have been Perfons not refident in the
faid Plantations, but of uncertain and unknown Abodes,
the faid Bonds have proved ineffectual to the good
Purpoſes intended by the faid Acts: Be it therefore Sureties in
enacted by the Authority aforefaid, That in all ſuch Bonds to be
Bonds, to be hereafter given or taken in the faid Plan- of Ability,
tations, the Sureties therein named fhall be Perſons of
known Refidence and Ability in the ſaid Plantations,
for the Value mentioned in the faid Bonds, and that
the Condition of the faid Bonds fhall be within Condition of
the faid
eighteen Months after the Date thereof (the Danger of
Bonds.
the Seas excepted) to produce Certificate of having
landed and diſcharged the Goods therein mentioned,
X
in
Plantation-
and known
Refidence.
[ 154 ]
Engliſh-
built Ships
to be regi-
tered, and
Proof to be
made on
Note, 12
Car. II. C.
18.
in one of his Majeſty's ſaid Plantations, or in England,
Wales, or Berwick upon Tweed, otherwife fuch Bond
or Copies thereof being attefted under the Hand and
Seal of the Governor or Commander in Chief to
whom fuch Bonds were given, fhall be in Force, and
allowed of in any Court in England, Ireland, or the
Plantations, as if the Original were produced in Court
by the Profecutor.
17. And for a more effectual Prevention of Frauds
which may be used to elude the Intention of this Act,
by colouring foreign Ships under Engliſh Names: Be
it further enacted by the Authority aforefaid, That
Oath before
from and after the five and twentieth Day of March,
the Collec- which fhall be in the Year of our Lord one Thouſand
tor of the fix Hundred Ninety-eight, no Ship or Veffel what-
Cuſtoms.
foever ſhall be deemed or paſs as a Ship of the Built of
England, Ireland, Wales, Berwick, Guernsey, Jersey,
or any of his Majefty's Plantations in America, fo as
to be qualified to trade to, from, or in any of the ſaid
13 and 14 Plantations, until the Perſon or Perfons claiming Pro-
Car. II. C.perty in fuch Ship or Veffel ſhall regiſter the ſame as
followeth, that is to fay; if the Ship at the Time of
fuch Regiſter doth belong to any Port in England,
Ireland, Wales, or to the Town of Berwick upon
Tweed, then Proof fhall be made upon Oath of one
or more of the Owners of fuch Ship or Veffel, before
the Collector and Comptroller of his Majefty's Cu-
Or if belong-
ing to Ame- ftoms of fuch Port; or if at the Time of fuch Regi-
rica, &c. fter the Ship belong to any of his Majefty's Plan-
before the
tations in America, or to the Iflands of Guernsey, or
Governor,
11. S. 6.
Ferfey,
[ 155 ]
Jerſey, then the like Proof to be made before the Go-
vernor together with the principal Officer of his Ma-
jeſty's Revenue refiding on fuch Plantation or Iſland,
which Oath the faid Governors and Officers of the
Cuſtoms reſpectively are hereby authorized to admini-
fter in the Tenor following, viz.
Jurat A. B. That the Ship
of The Oath.
(Name)
(Maſter's Name)
(Port)
whereof
is at preſent Maſter,
being a
(kind of Built)
of
Tuns, was built at
(Burthen)
(Place where)
in the Year
and that
of
and
(Time when)
(Owner's Name)
of, &c.
are at preſent Owners thereof; and that no Foreigner,
directly or indirectly, hath any Share or Part, or In-
tereft therein.
18. Which Oath, being attefted by the Governor, Oath to be
attested by
or Cuſtom Officer refpectively, who adminiſtered the the Gover-
fame, under their Hands and Seals, fhall, after having nor, and a
been regiſtered by them, be delivered to the Maſter of Duplicate to
be tranfmit-
the Ship for the Security of her Navigation, a Dupli- ted.
cate of which Regiſter ſhall be immediately tranfmit-
ted to the Commiffioners of his Majeſty's Cuſtoms in
the Port of London, in order to be entered in a
general Regiſter, to be there kept for this Purpoſe,
with Penalty upon any Ship or Veffel trading to, Penalty on
from, or in any of his Majefty's Plantations in Ameri- Ships trad-
ca, after the faid five and twentieth Day of March, ing to Ame-
and not having made Proof of her Built and Property Proof of ber
X 2
as
rica without
Built.
[156]
Prize-Ships
and
to be regt
Stered,
Oath made
that the
Property is
Engliſh.
Filber-
Boats,
Hoys, &c.
•
as is here directed, that fhe fhall be liable, and the is
hereby made liable to fuch Proſecution and Forfeiture
as any foreign Ship (except Prizes condemned in the
High Court of Admiralty) would for trading with
theſe Plantations by this Law be liable to.
19. Provided always, That all fuch Ships as have
been or ſhall be taken at Sea by Letters of Mart or Re-
prifal, and Condemnation thereof made in the High
Court of Admiralty of England, as lawful Prize, ſhall
be ſpeedily regiſtered, mentioning the Capture and
Condemnation inftead of the Time and Place of
Building, with Proof alfo upon Oath, that the entire
Property is English, before any fuch Prize fhall be al-
lowed the Privilege of an Engliſh-built Ship, according
to the Meaning of this Act.
20. Provided alfo, That nothing in this Act fhall
be conftrued to require the Regiſtring any Fiſher-
not to be re- Boats, Hoys, Lighters, Barges, or any open Boats or
giftered. other Veffels (though of English or Plantation-built)
whofe Navigation is confined to the Rivers or Coafts
of the fame Plantation or Place where they trade re-
ſpectively, but only of fuch of them as crofs the Seas
to or from any of the Lands, Iflands, Places, or Ter-
ritories in this Act before recited, or from one Plan-
tation to another.
Ships
21. And be it further enacted by the Authority
Names not aforefaid, That no Ship's Name regiſtred ſhall be af-
ed, without terwards changed without regiftring fuch Ship de
to be alter-
Novo,
[ 157 ]
de novo;
on the Cer
novo, which is hereby required to be done upon any
upon any Regiſtring
'Transfer of Property to another Port, and delivering and if ſold,
up the former Certificate to be cancelled under the fuch Sale to
fame Penalties, and in the like Method, as is herein be indorfed
before directed; and that in Cafe there be any Al- tificate of
teration of Property in the fame Port, by the Sale of the Regiſter.
one or
or more Shares in any Ship after regiftring
thereof, ſuch Sale fhall always be acknowledged by
Indorſement on the Certificate of the Regifter before
two Witneffes, in order to prove that the entire Pro-
perty in fuch Ship remains to ſome of the Subjects
of England, if any Difpute arifes concerning the
fame.
mo
Anno m⁰ & 8⁰⁰ Gul. III. Cap. 28.
7
An Act for the more effectual preventing
the Exportation of Wool, and for the
encouraging the Importation thereof from
5.
Ireland.
A
Wool may
land.
ND be it further enacted by the Authori- Ports where:
ty aforefaid, that for the better Encourage- be imported
ment of the Importation of Wool from Ireland, from Ire-
that it ſhall and may be lawful for any Perfon or
Perfons whatſoever, from the Place or Places in the
faid § Act limited, to import into England from Ire- §1 W. and
land any Quantity or Quantities of Wool to any the
Ports
M. C. 321
S. 66
[ 158 ]
Continued
Ports hereafter mentioned (that is to fay) Whitehaven
in the County of Cumberland, Leverpool, Chefter,
Bristol, Bridgewater, Minehead, Barnstaple, and
Biddiford, and to no other; any Thing in the faid
Act to the contrary thereof in any wife notwith-
ftanding.
13.
And this Act to continue in Force for
by 9 and 10 three Years, and from thence to the End of the next
Seffion of Parliament.
W. III.
C. 40. S. 1.
and this Alt
thereby en-
ners of the
and armed
Sloops to
cruise.
14. And for the better preventing the Exportation
forced. of Wool, and Correfpondence with France; Be it
Commiffio further enacted by the Authority aforeſaid, that the
Admiralty to Lord High Admiral of England, or Commiffioners
appoint Ships for executing the Office of Lord High Admiral for
the Time being, fhall from Time to Time direct and
appoint one Ship of the fifth Rate, and two Ships of
the Sixth Rate, and four armed Sloops, conftantly to
cruize from off the North Foreland to the Ifle of
Wight, with Orders for taking and feizing all Ships,
Veffels, or Boats, which fhall export any Wool, or
carry or bring any prohibited Goods, or any fufpect-
ed Perfons.
Anno
[159]
Anno 9no & 10mo Gul. III. Cap. 25.
An Act for granting to his Majefty, his
Heirs, and Succeſſors, further Duties
upon Stampt Vellum, Parchment and
Paper.
44.
PROVID
-
ROVIDED, that nothing in this Act Probate of
contained ſhall extend to charge with the Will, &c.
faid Duties, or any of them, the Probate of any or Soldier
of Seaman
Will, or Letters of Adminiftration of any common dying or flain
Seaman or Soldier, who fhall be flain or die in the in the Ser-
vice except-
Service of his Majefty, his Heirs, or Succeffors, a Cer- ed, and not
tificate being produced from the Captain of the Ship to be ſtampt.
or Veffel, or Captain of the Troop or Company, un- Certificate.
der whom fuch Seaman or Soldier ferved at the Time
of his Death, and Oath made of the Truth thereof, Oath.
before the proper Judge or Officer, by whom fuch
Probate or Adminiſtration ought to be granted;
which Oath fuch Judge or Officer is hereby autho-
rized and required to adminifter, and for which no
Fee or Reward fhall be taken.
Anno
[160]
7
and 8
W. III.
C. 19,
Anno 9n⁰ & 10mo Gul. III. Cap. 28.
An Act for the exporting Watches, Sword-
Hilts, and other Manufactures of
Silver.
WHEREAS by an Act of Parliament made
in the feventh and eighth Years of his prefent
Majesty King William the Third, intituled, An Act
to encourage the bringing Plate into the Mint to be
coined, and for the further remedying the ill State
of the Coin of this Kingdom, It is amongst other
Things fo enacted, that after the last Day of March
then next enfuing, no wrought Plate of this Kingdom
can be ſhipped off, under the great Penalties in the
Said Act contained
: Be it enacted by the
King's moft Excellent Majefty, by and with the Ad-
vice and Confent of the Lords Spiritual and Temporal,
and Commons, in this preſent Parliament affembled,
and by the Authority of the fame, that from and
after the four and twentieth Day of June, One
Thouſand Six Hundred Ninety-eight, it ſhall and
Watches, may be lawful to export fuch Watches, Sword-Hilts,
wrought wrought Plate, and other Silver Manufactures made
Plate, &c. within this Kingdom, being of the Fineneſs of eleven
may be ex- Ounces and ten Penny-weight to every Pound Troy,
ported as
Shall be year- and fo proportionably for a greater or leffer Weight,
ly allowed by according to the Rules preſcribed in the ſaid laſt
Sword-bilts,
recited
[161]
Cuſtoms.
recited Act, as fhall be yearly allowed by the Com- the Commif-
miffioners of his Majefty's Cuftoms for the Time be-ioners of the
ing, or any three of them; any Law or Statute to
the contrary in any wife notwithſtanding.
Anno 9no & 10mo Gul. III. Cap. 40.
An Act for the Explanation and better
Execution of former Acts made against
Transportation of Wool, Fullers Earth,
and Scouring Clay.
2.
Earth or
AND whereas under a Pretention of carry. Penally on
ing Fullers Earth and Scouring Clay into exporting
Ireland, the fame is conveyed into Scotland, and other Fulling-
Foreign Parts, to the further Prejudice of the Woollen Scouring
Manufacture of this Kingdom: Be it further enacted, Earth.
that from and after the four and twentieth Day of
June, One Thouſand Six Hundred Ninety-eight,
no Fullers Earth or Scouring Clay ſhall be exported
out of this Kingdom, Dominion of Wales, or Town
of Berwick upon Tweed, into Ireland, Scotland, or
into any other Foreign Parts, upon any Pretence
whatſoever, but that the Exporters, being legally
convicted, fhall be liable to the Forfeitures of one
Shilling for every Pound Weight.
Y
8. And
[162]
Forfeitures
and Penal-
1
8. And it is hereby further enacted by the Au-
ties how to be thority aforefaid, that all the Forfeitures and Penalties
diſtributed, before in this Act mentioned, ſhall be diftributed in
12 Car, II.
Manner and Form following, viz, one third Part to
the Uſe of his Majefty, his Heirs, and Succeffors,
and the other two thirds to the Ufe of fuch Perfon
or Perfons as fhall feize or fue for the fame, by Bill,
Plaint, or Information, in any of his Majefty's Courts
at Westminster, wherein no Effoign, Protection, or
Wager of Law, fhall be allowed.
}
9. And whereas by an Act of Parliament made in
C. 32. S. 6. the twelfth Year of the Reign of King Charles the
Second, it is enacted, that no Perfon or Perfons what-
foever ſhould, at any Time thereafter be impeached for
any Offence against the faid Act, unless fuch Perfons
be profecuted within one Year next enfuing fuch Of-
fence committed: And whereas a great many Perfons
who have been guilty of tranfporting Wool, but Dif
covery thereof hath not been made till the Expiration.
of twelve Months after the Offence committed, to the
great Encouragement of feveral notorious Offenders:
For the Prevention whereof, Be it enacted by the
Authority aforefaid, that it ſhall and may be law-
ful for his Majefty to caufe fuch Perfon or Perfons
as are or ſhall be guilty of tranfporting or caufing
Exporters to be tranſported any Wool, Wool-fells, Fullers
of Wool,&c. Earth, or Scouring Clay, to be fued and proſecuted
may be pro- .
at
1
[163]
three Years
at any Time within three Years after the Offence Jecuted in
committed, in the fame Manner as Informations, after Offence
or other Penal Statutes, have been ufually and may committed.
lawfully be profecuted.
१
no
Anno 9n⁰ & 10mo Gul. III. Cap. 41.
An Act for the better preventing the Im-
bezlement of his Majesty's Stores of War,
and preventing Cheats, Frauds, and
Abuſes in paying Seamens Wages.
I
St. 2. C.25.
WHEREAS notwithſtanding divers good This Ast by
Lawś made and enacted, for the preventing 1 Geo. I.
of the Stealing and Imbexlement of his Majefty's S. 14. fhall
Stores of War, and Naval Stores, thofe Frauds, be deemed a
Thefts, and Imbezlements are frequently practifed, Publick A&t.
and the convicting of fuch Offenders is rendered dif-
ficult and impracticable, by Reafon it rarely happens
that direct Proof can be made of fuch Offenders im-
mediate taking, imbexling, or carrying away any of
his Majefty's faid Stores of War and Naval Stores,
out of or from his Majesty's Storehoufes, Docks,
Yards, Ships, Ordnance, or other Places for keep-
ing and preferving the fame, but only that fuch
Goods are marked with the King's Mark, and found
in the Cuftody and Poffeffion of the faid Perfon accufed
for ftealing or imbezling the fame, to the great En-
couragement
Y 2
[164]
No Warlike
couragement of fuch wicked Offenders, and to his Ma-
jefty's and the Kingdom's great Damage: For pre-
venting fuch faid Imbezlements for the future, and
for the more effectual Execution of the Laws and
Statutes already in Force against fuch Imbexlements
and Thefts, Be it therefore enacted by the King's
or Naval moft Excellent Majefty, by and with the Advice and
Stores, ex- Confent of the Lords Spiritual and Temporal, and
King's Ufe, Commons, in Parliament affembled, and by the Au-
fhall be made thority of the fame, that from and after the four
and twentieth Day of June, One Thouſand Six
King's
Marks, &c. Hundred Ninety-eight, it fhall not be lawful to or
cept for the
with the
for any Perfon or Perfons whatſoever, other than
Perſons authorized by contracting with his Majeſty's
principal Officers or Commiffioners of the Navy,
Ordnance, or Victualling Office for his Majefty's
Uſe, to make any Stores of War or Naval Stores
whatever, with the Marks uſually uſed to and
marked upon his Majefty's faid warlike and
naval or Ordnance Stores; (that is to fay) any
Cordage of three Inches and upwards, wrought
with a white Thread laid the contrary way, or any
ſmaller Cordage, to wit, from three Inches downwards
with a Twine in lieu of a white Thread, laid to the
contrary Way, as aforefaid, or any Canvas wrought
or unwrought, with a blue Streak in the middle,
or any other Stores with the Broad Arrow, by Stamp,
Brand, or otherwiſe, upon Pain that every fuch Per-
fon or Perſons, who ſhall make fuch Goods fo marked,
as aforefaid, not being a Contractor with his Ma-
jeſty's principal Officers or Commiffioners of the
Navy,
[165]
Navy, Ordnance, or Victuallers for his Majeſty's Uſe,
or imployed by fuch Contractor for that Purpoſe, as
aforefaid, fhall, for every fuch Offence, forfeit fuch Penalty.
Goods, and the Sum of two Hundred Pounds, toge-
ther with Cofts of Suit; one Moiety whereof ſhall be
to his Majefty, and the other Moiety to the Informer,
to be recovered by Action of Debt, Bill, Plaint, or
Information, in any of his Majefty's Courts of Record
at Westminster, wherein no Effoign, Privilege, Protec-
tion, Wager of Law, Injunction, or Order of Re-
ftraint, nor more than one Imparlance fhall be al-
lowed.
Stores are
3, 4, 5.
1
.
2. And be it further enacted by the Authority Penalty on
aforefaid, That fuch Perfon or Perfons, in whofe Cu-Perfon in
whofe Cu-
ſtody, Poffeffion, or Keeping fuch Goods or Stores, ſtody fuck
marked as aforefaid, fhall be found, not being imploy-marked
ed, as aforefaid, and fuch Perfon or Perfons who fhall found, &c.
conceal fuch Goods or Stores, marked as aforefaid, be-
ing indicted and convicted of fuch Concealment, or See 9 Geo.
of the having fuch Goods found in his Cuftody, I. C. 8. S.
Poffeffion, or Keeping, ſhall forfeit fuch Goods, and Extended to
the Sum of two Hundred Pounds, together with the other Par-
Cofts of Proſecution; one Moiety to his Majefty, and ticulars,
the other Moiety to the Informer, to be recovered, as
aforefaid, and ſhall alfo fuffer Impriſonment, until Unless be
Payment and Performance of the faid Forfeiture, un-produce a
leſs ſuch Perſon ſhall upon his Trial, produce a Certi- Certificate,
ficate under the Hand of three or more of his Maje- By 9 Geo.I.
fty's principal Officers or Commiffioners of the Navy, C. 8. S. 4.
Ordnance, or Victuallers, expreffing the Numbers, may be miti..
Quantities,gated.
&c.
&c,
The Penalty
[166]
perfonating
Quantities, or Weights of fuch Goods, as he or ſhe
fhall then be indicted for, and the Occafion and Rea-
fon of fuch Goods coming to his or her Hands or
Poffeffion.
>
Penalty on 3. And forafmuch as divers wicked Perfons, dur-
any Seaman, ing the late War, and fince, for Lucre and Gain,
or forging have perfonated Seamen, who have really ferved, or
Letter of are fuppofed to have ferved on board of his Majesty's
Bill of Sale, Ships, and thereby have received divers Sums of his
or laft Will, Majefty's Money at the Pay Office, or elsewhere, of
Attorney,
&c.
enforced and
25. S. 7.--
his Majesty's Officers appointed for Payment of his
Majefty's Fleet and Ships, in deceipt, as well of his
Majefty, as of the Perfons who have really ferved on
board any of his Majesty's Ships, and have alfo for
fuch wicked Purpoſes forged and counterfeited divers
This Claufe Letters of Attorney or Bills of Sale, Affignments, or
explained by laft Wills, in the Name or Names of Perfons who
1 Geo. I. have really ferved, or were fuppofed to have ferved on
St. 2. C. board his Majesty's faid Ships, and have and do alfo
And by the procure daily, divers Men and Women to perfonate,
Same Act, and divers wicked Perfons do of their own Accord
Penalties perfonate the Wives, Relations, or Creditors of fuch
may be miti- Seamen, who have or are fuppofed to have ferved on
gated by the board of his Majesty's Ships, and thereby have falſely
And Note, taken out Letters of Adminiftration to fuch Seaman or
by 7 Geo. Seamen, having ferved, or fuppofed to have ferved on
Forgery in board of his Majesty's Ships, or have forged and coun-
general is terfeited Letters of Attorney, Bills of Sale, or other
made Felony Authorities, in the Names of the Executors or Admini-
nefit of Cler-ftrators of fuch Seamen, for the Receipt of fuch Wages
S. 8. the
II. C. 22.
gy.
as
1
[167]
as were due, or fuppofed to be due to fuch Seamen, hav-
ing ferved, or ſuppoſed to have ferved, as aforefaid:
For the Prevention of which faid wicked Practices for
the Future, Be it enacted, That all and every fuch
Perfon or Perfons, his, her, or their Aiders or Abet-
tors, that fhall be convicted of the faid Crimes and
Offences, committed from and after the faid four and
twentieth Day of June, fhall, for every fuch Offence,
over and above the Penalties to be inflicted by any
Laws now in force, forfeit the Sum of two Hundred
Pounds, together with the Cofts of Profecution; one
Moiety to his Majefty, the other Moiety to the Inform-
er, to be recovered as aforefaid, and fhall alfo fuffer
Impriſonment until Payment of the ſaid Forfeiture.
4. Provided alfo, and be it further enacted by the Commiſſion-
Authority aforefaid, That the faid principal Officers ers of the
Navy, Ord-
or Commiffioners of the Navy, Ordnance, or Victual-nance, &c.
ling Office, for the Time being, may fell and difpofe may fell any
of the faid
of any of the Stores aforefaid, fo marked as aforefaid, Stores fo
as they did or might have done before the making of marked,&c.
this Act; and that fuch Perfon or Perfons as hereto-
fore.have or ſhall hereafter buy any fuch Stores, or
other Stores fo marked as aforeſaid, of the faid princi-
pal Officers or Commiffioners, or by their Order,
may keep and enjoy the fame without incurring the
Penalty of this Act, or any Law to the
Law to the contrary what- Buyer to
foever, upon producing a Certificate or Certificates have a Cer--
under the Hand and Seal of three or more of the faid tificate
principal Officers or Commiffioners of the Navy, Ord-
nance, or Victualling Office, that they bought fuch
Goods
thereof, &c.
[168]
Goods from them the faid principal Officers or Com-
miffioners, or from fuch Perſon or Perfons as did buy
the faid Stores from the faid principal Officers or
Commiffioners at any Time before fuch Stores were
Quantities found in their Cuftody; in which Certificate or Cer-
&c. to be tificates the Quantities of fuch Stores fhall be expreffed,
expreſſed,
and the Time when and where bought of the faid
Commiffioners, who, or any three or more of them,
for the Time being, are hereby impowered and di-
rected, from Time to Time, to give to fuch Perfon or
Perfons, who ſhall defire the fame, and have bought,
and ſhall hereafter buy any of the aforefaid Stores,
within thirty Days after the Sale and Delivery of the
faid Stores fo fold or to be fold, as aforefaid.
Perfons
fued may
plead the
General
!Ifue, &c.
5. And for the better Encouragement of fuch Per-
fons who fhall make Seizures or Diſcoveries of any
fuch Stores imbezelled or ftolen: Be it enacted by the
Authority aforefaid, That in cafe any Perfon or Per-
ſons ſhall be ſued or profecuted for or by Reaſon of
their diſcovering or feizing any fuch Stores or Goods,
ſo marked as aforefaid, that in every ſuch Caſe, ſuch
Perſon fo fued or profecuted may plead the General
Iffue, and give this Act and the ſpecial Matter in
Evidence: And in cafe that upon the Trial of fuch
Iffue the Defendant fo fued fhall make Proof, that
fuch Goods or Stores, fo diſcovered or ſeized by them,
were fo marked as aforefaid, and that the Plaintiffs or
Profecutors in fuch Suit or Profecution ſhall not at
fuch Trial make good Proof that they were fo im-
ployed, or had fuch Certificate, as aforefaid, before
fuch
[169]
ſuch Diſcovery and Seizure made, and that they did
ſhew the fame unto fuch Defendants before fuch Suit
or Profecution commenced or brought, fuch Defen-
dant fhall be acquitted, and found not guilty there-
upon, unleſs fuch Defendants upon Sight of fuch Cer-
tificate did not deliver back unto fuch Plaintiffs or
Profecutors, at their Requeft, or otherwife, all fuch
Goods and Stores fo feized in as good Plight and Con-
dition as they were at the Time of fuch Certificate
ſhewn: And in caſe any fuch Defendants fhall be fo
or otherwiſe acquitted on fuch Trial, and that fuch
Plaintiffs or Profecutors fhall diſcontinue fuch their
Suit or Profecution, or be nonfuited therein, fuch
Defendants fhall recover treble Cofts.
Treble Cofts.
6. And whereas it is neceſſary that Seamen fhould
appoint Attornies who may receive their Pay in their
Abfence, but of late an evil Practice is introduced,
that in the Letters conftituting fuch Attornies there is
added a Claufe purporting a Will made by fuch Sea-
men, whereby they make their Attornies their Execu
tors, and give their whole Eftate, or great Part there-
of, the Seamen being ignorant of the Efficacy and
Confequence of fuch a Claufe, whereby the Relations
and Families of fuch Seamen as are killed at Sea often
Suffer great Lofs: For preventing fuch Inconveni-
ency for the Future, Be it enacted by the Authority NoSeaman's
aforefaid, That from and after the ſaid four and twen-tained in the
tieth Day of June, no Will of any Seaman, contain-fame Inftru-
ed, printed, or written in the fame Inftrument, Pa- ment with a
per, or Parchment, with a Warrant or Letter of At- Attorney
Ꮓ
Will con-
Letter of
torney, ſhall be good.
[ 170 ]
Ecclefiafti-
cal Court,
forth Let-
&c. of any
torney, ſhall be good or available in Law to any In-
tent or Purpoſe whatſoever.
7. Provided alfo, and be it further enacted by the
&c. to take Authority aforefaid, That no ecclefiaftical Court, or
only 1 s. for any Perfon or Perſons whatſoever, under any Pretence,
the fuing
do take or receive any more than the Sum of one
ters of Ad Shilling for the Seal, Writing, or fuing forth
any Let-
miniſtration ters of Adminiſtration granted, or hereafter to be
to the Wife, granted, to the Wife or Children of any Seaman
Seaman dy- whatſoever dying in the Pay of his Majefty's Navy,
ing in the unless the Goods and Chattels of fuch Seaman do
King's Na-
vy, unless amount to the Sum of twenty Pounds: And if any
the Goods, Officer or Officers fhall prefume to take any more
&c. amount than the Sum of one Shilling, the Perfon or Perfons
ſo offending ſhall forfeit to the Party grieved the Sum
Penalty. of ten Pounds, to be recovered by Action of Debt,
Bill, Plaint, or Information, in any of his Maje-
fty's Courts of Record, or elſewhere.
to twenty
Pounds.
Provifo,
King's
Stores may
be lent to
any Ship in
Diſtreſs.
So they be
reftored.
8. Provided always, and be it further enacted by
the Authority aforefaid, That nothing in this Act con-
tained ſhall be conſtrued to hinder any the principal
Officers and Commiffioners of the Navy or any chief
Commander of any of his Majefty's Ships at Sea, to
lend any
of his Majeſty's Stores to any Merchant Ship
or Veffel in Diftrefs, or otherwife, as might lawfully
be done before the making of this Act, in caſe ſuch
Goods fo lent be reſtored with all poffible Convenien-
cy; and provided fuch Perſon or Perfons fo borrowing
the ſaid Stores, from Time to Time, have fuch Certi
"
ficate
[171]
have a Cer.
ficate as aforefaid, which the faid principal Officers Borrower to
and Commiffioners of the Navy, or Commander in tificate.
Chief, are hereby required to give to the Party or
Parties that ſhall fo borrow the fame.
no
Anno 9¹º & 10mo Gul. III. Cap. 43.
୨
An Act for the better Encouragement of
the Royal Luftring Company, and the
more effectual preventing the fraudulent
Importation of Luftrings and Alamodes.
4.
A
Service tak-
Alamodes
Service.
ND be it further enacted by the Authority Officers in
the King's
aforefaid, That if any Commiffion or War-
rant Officer, or other Perfon, who now is, or hereaf- ing on board
ter ſhall be in the Service of his Majefty, his Heirs, or or importing
Succeffors, and ſhall have the Command or Charge of &c. made
any Ship or. Veffel whatſoever, fhall import, bring, incapable of
fend, or convey, or cauſe, procure, or Suffer to be the King's
imported, brought, fent, or conveyed, or take or load
on board any Alamodes or Luftrings, in order to be
imported into this Kingdom, or fhall unſhip, or fuf-
fer to be unſhipped into any Barge, Hoy, Boat, or
other Veffel, any fuch Silks, knowing thereof, he
fhall, over and above the Forfeitures and Penalties to
which he is liable by this or any other Act, be ipfo
facto rendred incapable of ferving his Majefty, his
Heirs, and Succeffors, either by Sea or Land, or of
Z 2
having
[172]
Mariner or
Reward to having or receiving any Benefit or Advantage which
other mak- he fhall or may be intitled to by Virtue of fuch Ser-
ing Diſcove- vice; and if any Seaman, Marines, or other Perfon
ry.
or Perſons whatſoever, belonging or which fhall be-
long to any Ship or Veffel, fhall diſcover any Ala-
modes or Luftrings, which fhall be imported, brought,
fent, or conveyed in any Ship or Veffel whatſoever in-
to this Kingdom, or which ſhall be unſhipped into any
Barge, Hoy, Boat, or other Veffel, either at Sea or in
any Harbour, Creek, or Bay in this Kingdom, in or-
der to be imported, contrary to the true Intent and
Meaning of this Act, fuch Perfon or Perfons making
fuch Diſcovery, fhall (over and above fuch Part of
the Forfeitures and Advantages to which he or they
ſhall be intitled by Virtue of this Act) be immediately
diſcharged from his or their Service on board fuch
Ship or Veffel, if he or they fhall defire the fame
and the Captain or Mafter of fuch Ship or Veffel,
fhall immediately give him or them a Ticket or Tick-
ets, Certificate or Certificates, which fhall intitle him
or them to all the Wages due to him or them, for his
or their Service on board fuch Ship or Veffel.
;
Anno
[ 173 ]
mo
Anno 10mo & II Gul. III. Cap. 10.
An Act to prevent the Exportation of Wool
out of the Kingdoms of Ireland and Eng-
land into foreign Parts; and for the
Encouragement of the Woolen Manufac-
tures in the Kingdom of England.
Fo
ORAS MUCH as Wool and the Woolen Ma- This Alb
nufactures of Cloth, Serge, Bays, Kerfeys, and made more
effectual by
other Stuffs made or mixed with Wool, are the greatest5 Geo. II.
and most profitable Commodities of this Kingdom, on C. 21.
which the Value of Lands, and the Trade of the Nation
do chiefly depend: And whereas great. Quantities of
the like Manufactures have of late been made and are
Daily increafing in the Kingdom of Ireland, and in the
English Plantations in America, and are exported
from thence to foreign Markets, heretofore fupplied
from England, which will inevitably fink the Value of
Lands, and tend to the Ruin of the Trade, and the
Woolen Manufactures of this Realm: For the Preven-
tion whereof, and for the Encouragement of the Woolen
Manufactures within this Kingdom, Be it enacted by.
the King's moſt. Excellent Majefty, by and with the
Advice and Confent of the Lords Spiritual and Tem-
poral, and Commons, in this preſent Parliament affem-
bled, and by the Authority of the fame, That no
Perfon or Perfons whatfoever, from and after the four
and
[174]
No Wool,
Wool-fells,
Shortlings,
of Ireland
but Eng-
land, &c.
and twentieth Day of June, in the Year of our Lord
one Thouſand fix Hundred Ninety-nine, fhall direct-
ly or indirectly export, tranſport, fhip off, carry or
&c. to be convey, or caufe or procure to be exported, tranſport-
exported out ed, ſhipped off, 'carried, or conveyed out of, or from
to any Place the faid Kingdom of Ireland, into any foreign Realm,
States, or Dominions, or into any Parts or Places
whatſoever, other than the Parts within the Kingdom
of England, or the Dominion of Wales, any the
Wool, Wool-fells, Shortlings, Mortlings, Wool-flocks,
Worſted, Bay, or Woolen Yarn, Cloth, Serge, Bays,
Kerfeys, Says, Frizes, Druggets, Cloth-Serges, Shal-
loons, or any other Drapery Stuffs or Woolen Manu-
factures whatſoever made up and mixed with Wool
or Wool-flocks, or fhall directly or indirectly load, or
cauſe to be loaden upon any Horſe, Cart, or other
Carriage, or load or lay on board, or cauſe to be laden
or laid on board in any Ship or Veffel in any Place or
Parts within or belonging to the faid Kingdom of Ire-
land, any fuch Wool, Wool-fells, Shortlings, Mort-
lings, Wool-flocks, Worfted, Bay, or Woolen-Yarn,
Cloth, Bays, Kerfeys, Serges, Says, Frizes, Druggets,
Cloth-Serges, Shalloons, or any other Drapery or
Woolen Manufactures, to the Intent or Purpoſe to ex-
port, tranſport, ſhip off, carry or convey the fame, or
caufe the fame to be exported, tranfported, fhipped
off, carried or conveyed out of the faid Kingdom of
Ireland, or out of any Port or Place belonging to the
fame, or with Intent or Purpoſe, that any Perfon or
Perſons whatſoever fhould fo export, tranfport, fhip off,
carry or convey the fame out of the faid Kingdom of
Ireland,
[ 175 ]
Ireland, into any Ports, or Places, except as afore-
faid.
2. And be it enacted by the Authority aforefaid, Penalties on
Offenders..
That all and every the Offender and Offenders, Of-
fence and Offences, aforefaid, fhall be fubject and lia-
ble to the reſpective Pains, and Penalties, and Forfei-
tures hereafter following, (that is to fay) the faid Wool,
Wool-fells, Shortlings, Mortlings, Wool-flocks, Wor-
fted, Bay, or Woolen Yarn, Cloth, Serge, Bays, Ker-
feys, Says, Frizes, Druggets, Cloth-Serges, Shalloons,
or any other Draperies, Stuffs, or any other Manufac-
tures, made of or mixed with Wool or Wool-flocks, fo
exported, tranſported, fhipped off, or carried, convey-
ed, or loaden, contrary to the true Intent and Meaning
of this Act, ſhall be forfeited; and that every of the
Offender and Offenders therein fhall likewife forfeit
the Sum of five Hundred Pounds for every ſuch Of-
fence; and all and every Ship, Veffel, Barge, Boat,
or other Bottom whatſoever, wherein any of the ſaid.
Commodities are or ſhall be ſhipped or laid on board,
contrary to the true Intent and Meaning of this Act,
fhall be forfeited, with all her Tackle, Apparel, and
Furniture to them and every of them belonging; and
the Maſters and Mariners thereof, or any Porters,
Carriers, Waggoners, Boatmen, or other Perfons what-
foever, knowing fuch Offence, and wittingly aiding
and affifting therein, fhall forfeit forty Pounds; of
which one Moiety ſhall be to him or them that ſhall
fue for the fame by Bill, Plaint, or Information in any
of his Majeſty's Courts of Record in England or Ire-
&
land,
[176]
I. C. 21.
land, and the other Moiety thereof to the Encourage-
By 3 Geo. ment of fetting up the Linnen Manufactures in Ireland,
S. 4. This to be difpofed of by the Court of Exchequer there for
that Ufe only; in which Suit no Effoign, Protection,
or Wager of Law, or more than one Imparlance: fhall
be allowed.
laft Moiety
is given to
the King.
No Acquit-
tal, &c. in
lowed in
Profecution
}
3. And to prevent evading the Penalties of this Act,
Ireland, al- by Pretention of Profecution or Acquittals in Ireland :
Be it enacted by the Authority aforefaid, That no
Bar of any Acquittal, nor any Indictment, Information, or Suit
in England. (unleſs the Offender be thereupon convicted) in Ire-
land, for any Offence provided againſt in this A&,
fhall be pleaded or allowed in Bar or Delay of any
Indictment, Information, Suit, or Profecution with-
in the Kingdom of England.
Any Perfon 4. And be it further enacted by the Authority
may feize aforefaid, That it ſhall and may be lawful to and for
all fuch
Wool, &c. any Perſon or Perſons to feize, take, fecure, and con-
vey to his Majeſty's next Warehouſe, all fuch Wool,
Wool-fells, Shortlings, Mortlings, Wool-flocks, Wor-
fted, Bay, or Woolen Yarn, Cloth, Serges, Bays, Ker-
feys, Says, Frizes, Druggets, Cloth-Serges, Shalloons,
Stuffs, and other Draperies and Woolen Manufactures,
or mixed with Wool.or Wool-flocks, as he or they
fhall happen to fee, find, know, or diſcover to be laid
on board in any Ship, Veffel, or Boat, or to be
brought, carried, or laid on Shore, at or near the Sea,
or any navigable River or Water, to the Intent or
Purpoſe to be exported or conveyed out of the ſaid
Kingdom
[ 177 ]
[77]
Kingdom of Ireland, contrary to the true Meaning of
this Act, or to be laden upon any Horfe, Cart, or
other Carriage, to the Intent or Purpoſe to be export-
ed, conveyed, or carried into any foreign Parts or
Places, contrary to the true Intent and Meaning here-
of; and alſo that it ſhall and may be lawful to and
for any Perfon and Perfons to feize, and fecure all
and every fuch Ship, Hulk, Veffel, Barge or Boat, of And also the
what kind foever, or wherefoever found or difcovered, Ship, Hulk,
wherein any of the aforefaid Commodities ſhall hap-
pen to be ſhipped or put on board, contrary to the
true Intent and Meaning of this Act; and that fuch Seizer in-
Perſon or Perſons that ſhall happen fo to feize, take demnified
or fecure any of the Commodities aforefaid, or any
for fo doing.
fuch Ship, Veffel, Hulk, Barge or Boat, as aforefaid,
fhall be indemnified for fo doing, to all Intents and
Purpoſes.
&c.
written on
ment, and
7. And be it further enacted by the Authority Cockets,
aforefaid, That all Cockets and Warrants for the car- &c. to be
rying or tranfporting of any of the aforefaid Goods, Paper, and
from the Kingdom of Ireland to any Port or Ports not Parch-
aforeſaid within this Kingdom, fhall be written upon figned.
Paper, and not Parchment, and figned by Three of
the chief Officers of fuch refpective Port at leaſt,
and that the exact Quantities and Qualities, Marks, Quantities,
and Numbers of the Goods aforefaid fo fhipped in &c. to be
Ireland, fhall be particularly expreffed and indorſed the Cocket,
expreſſed on
upon the Cocket, by which the faid Goods are or &c.
were to be ſhipped, and likewife upon the Warrant
for landing the fame in England,
A a
10. And
[178]
Ports for
exporting
ing Goods.
and import-
10. And be it further enacted by the Authority
aforefaid, That all fuch Goods as aforefaid, as fhall
from Time to Time be exported from the ſaid King-
dom of Ireland, into the Ports of this Kingdom, or
Dominion of Wales, in manner as aforefaid, fhall be
ſhipped off and entred at the Ports of Dublin, Water-
By 4 Ann. ford, Youghall, Kingfale, Cork, and Drogheda, in the
C. 7. may faid Kingdom of Ireland, and at or from no other
be exported
from New Port or Place within the faid Kingdom; nor fhall the
fame be imported into any Parts of the Kingdom of
England, or Dominion of Wales, other than the
Ports of Biddiford, Barnstable, Minehead, Bridgewa-
ter, Bristol, Milford Heaven, Chefter, and Liverpool;
any Thing in this Act to the contrary thereof in any
wife notwithſtanding.
Rofs.
ble.
Offences
12. And be it further enacted by the Authority
where tria- aforefaid, That every Offence which ſhall be done or
committed contrary to this Act, fhall and may be in-
quired of, tried, heard, and determined in the County
where any fuch Goods, as aforefaid ſhall be ſo laden
or put on board, as aforefaid, or elſe in the County,
either in England, or Ireland, where fuch Offender
ſhall happen to be apprehended or arreſted for fuch Of-
fence, or where any fuch of the Goods aforefaid, or
the faid Ship or Ships, Veffels, Hulks, Barks, or Boats
ſhall happen to be feized or taken or brought in; and
that the faid Trial fhall be in fuch Manner and Form,
and in fuch Effect, to all Intents and Purpoſes, as if
the fame Offence had been wholly done and commit-
ted in the fame County.
13. And
→
[179]
cuting this
Bail, &c.
13. And be it further enacted by the Authority Perfons fu
ed for exe-
aforefaid, That if any Action, Bill, Plaint, Suit, or
Information fhall be commenced or profecuted againſt At may file
any Perfon, for what he ſhall do in Purſuance of this a common
Act, fuch Perfon fo fued fhall and may file a com-
mon Bail, or enter into a common Appearance, and
plead the general Iffue, not Guilty, and upon Iffue General
joined may give this Act and the fpecial Matter in fue.
Evidence, and if the Plaintiff or Profecutor fhall be-
come Nonfuit, or fuffer Diſcontinuance, or if a Ver-
dict paſs againſt him, or if upon Demurrer Judgment
pafs againſt him, the Defendant fhall recover treble Defendant
Cofts and Damages for the Moleftation.
to have tre-
ble Cofts.
14. And for the further Encouragement of the
Woolen Manufactures of England; Be it enacted by
the Authority aforefaid, That it ſhall and may be
lawful, from and after the faid four and twentieth
Day of June, to import from the faid Ports of Dublin, Woolen Ma-
Waterford, Youghall, Kingfale, Cork, and Drogheda, nufactures
in the Kingdom of Ireland, any Wool, Wool-fells, may be im-
ported from
Shortlings, Mortlings, Wool-flocks, Worfted, Bay, or Ireland to
Woolen Yarn, Cloth, Serges, Bays, Kerfeys, Frizes, England,
Druggets, Shalloons, Stuffs, Cloth-Serges, or any other
Drapery made of or mixed with Wool, or Wool-
flocks, and manufactured in the Kingdom of Ireland,
into fuch Ports of this Kingdom or Dominion of
Wales only, as aforefaid, fo as Notice be firſt given to Notice being
the Commiffioners, or chief Managers of his Majeſty's first given.
Cuſtoms in this Kingdom, or to the chief Cuſtomer
A a 2
or
[180]
entred into.
T
7 or Collector in the Port to which the fame is intended
to be brought, of the Quantity, Quality and Package,
together with the Marks and Numbers thereof, with
the Name of the Ship and Mafter or Commander, on
which the faid Goods are to be laden, and the Place
or Port into which they are intended to be imported;
And Bond and fo as Bond be firft entred into, to the Ufe of his
Majefty, his Heirs and Succeffors, with one or more
fufficient Sureties, in treble the Value of the Goods fo
intended to be imported, that the fame ſhall (the Dan-
ger of the Seas excepted) be, landed accordingly, and
fo as a Licence be alfo firft taken, under the Hands
of the Commiffioners, or chief Managers of the Cu-
ftoms for the Time being, or Three of them, or from
the chief Cuſtomer or Collector where fuch Bond is
given, for the landing and importing thereof, as
Licence to aforefaid; which Licence they are hereby authorized
be granted and required to grant, without any Fee or Reward,
or any other Charge to the Perfon demanding the
fame; any Law, Statute, or Ufage to the Contrary
in any wife notwithſtanding.
gratis.
>
*
A
Cruifing 16: And for the better preventing the Exportation
Ships to be
of Wool out of this Kingdom, or Ireland, into foreign
appointed to
feize Ships, Parts: Be it enacted by the Authority aforefaid,
&c. export- That the Lord High Admiral of England, or Com-
ing Wool,
&c. to fo- miffioners for executing the Office of High Admirál
reign Parts. for the Time being, fhall direct and appoint two Ships
5. Geo. II. of the fifth Rate, and two Ships of the fixth Rate,
and eight armed Sloops, conftantly to cruize on the
Coafts of England and Ireland particularly between
C. 2.1.
!
the
[181]
the North of Ireland and Scotland, with Orders to
take and ſeize all Ships, Veffels, and Boats, which
fſhall export any Wool with Intent to carry it into fo-
reign Parts; and that the Lord High Admiral, or Commiſſion-
Commiffioners, as aforefaid, ſhall ſend a Lift of all Customs to
ers of the
fuch Ships and Sloops, and the Names of the Com- have a Lif
manders, togethe with true Copies of their ſeveral In-
ftructions that are or ſhall be given to the Commiffi-
oners of the Cuſtoms in London, within ten Days after
fuch Orders, as aforefaid, are or ſhall be given:
of the
Cruifers.
17. And for the Encouragement of the Command-
ers and Mariners belonging to the Ships and Sloops
aforefaid: Be it enacted by the Authority aforefaid, All Wool,
That all Wool, Ships, Veffels, or Boats that ſhall be Ships, &c.
fo feized to.
fo feized or taken, fhall be forfeited, and all fuch be forfeited.
Wool fhall be lodged in the King's Warehouſe, in
fuch Port where it is or fhall be taken or feized, or
into which it ſhall be brought, until it fhall be con-
demned according to Law; and being ſo condemned,
ſhall be expoſed publickly to Sale, after one and And fold by
twenty Days, publick Notice being given in Writing Inch of Can-
at the Cuſtom-houfe of the faid Port, and on the Roy-
al Exchange of London, by Inch of Candle, to the
laft and beſt Bidder; and all Ships, Veffels, or Boats
that fhall be fo feized or condemned, as aforefaid,
ſhall together with all their Guns, Tackle, Furniture
and Apparel be expofed to Sale in like Manner; and Produce
that one fourth Part of the Produce of the Wool, divided,
Ships, Veffels, and Boats fo fold, as aforefaid, ſhall be
to the Commander, one other fourth Part to the Of-
ficers
dle.
how to be·
[182]
4
[
ficers of the Ship or Ships, Sloop or Sloops that took
the fame, one other fourth Part to the Mariners be-
longing to fuch Ship, Veffel, or Sloop, to be equally
divided and paid amongſt the faid Mariners, by the
Collectors of the faid Port, or fuch Perfon or Perfons
as ſhall be authorized to pay the fame, and the other
fourth Part thereof to his Majefty, his Heirs and Suc-
ceffors, after a Deduction made out of the laft fourth
Part of all the Charges of Profecution and Condem-
nation.
Penalty on 18. And for preventing of all Compofition or Con-
Commander federacy by any Commander of any Ship, Veffel, or
neglecting
his Duty. Sloop, with any Perſon whatfoever concerned in ſuch
No Wool,
&c.
of the Pro-
Wool or Ship, Veffel or Boat, as aforefaid: Be it en-
acted by the Authority aforefaid, That every Com-
mander of fuch Ship or Sloop, neglecting his Duty by
this Act required, or compounding for any Wool,
Ship, Veffel, or Boat, as aforefaid, or conniving at the
Exportation of any Wool, fhall lofe and forfeit all
Pay and Wages due to him or them, and fuffer fix
Months Impriſonment, and be for ever incapable of
ferving his Majefty in any Office in the Navy.
19. And for the more effectual Encouragement of
the Woolen Manufacture of this Kingdom : Be it fur-
duce of the ther enacted by the Authority aforefaid, That from
English and after the firſt Day of December, in the Year of
in America, our Lord One thouſand fix hundred ninety-nine, no
Shall be ex- Wool, Wool-fells, Shortlings, Mortlings, Wool-flocks,
ported. Worſted, Bay, or Woollen Yarn, Cloth, Serge, Bays,
Plantations
Kerfeys,
[183]
Kerfeys, Says, Frizes, Druggets, Cloth-Serges, Shal
loons, or any other Drapery Stuffs or Woolen Manu
factures whatſoever, made or mixed with Wool or
Wool-flocks, being of the Product or Manufacture of
any of the English Plantations in America, fhall be
loaden or laid on board in any Ship or Veffel, in any
Place or Parts within any of the faid English Planta-
tions, upon any Pretence whatſoever; as likewiſe
that no fuch Wool, Wool-fells, Shortlings, Mortlings,
Wool-flocks, Worfted, Bay, or Woollen Yarn, Gloth,
Serge, Bays, Kerfeys, Says, Frizes, Druggets, Cloth
Serges, Shalloons, or any other Drapery Stuffs, or
Woolen Manufactures whatſoever, made up or mixt
with Wool or Wool-flocks, being of the Product or
Manufacture of any of the English Plantations in
America as aforefaid, fhall be loaden upon any
Horfe, Cart, or other Carriage, to the Intent and
Purpofe to be exported, tranfported, carried or con-
veyed out of the faid English Plantations to any
other of the ſaid Plantations, or to any other Place
whatſoever, upon the fame and like Pains, Penalties, Under the
and Forfeitures, to and upon all and every the
Offender and Offenders herein, within all and every
of the faid English Plantations refpectively, as are
preſcribed and provided by this Act for the like
Offences, committed within the Kingdom of Ireland;
And all Governors or Commanders in Chief of the
faid refpective Plantations, as alfo all Officers im-
ployed in the Cuftoms, or other Branches of his
Majeſty's Revenue there, are hereby authorized,
charged, and required to take effectual Care that
{
1
"
•
the
like Penal-
ties, &c.
[184]
the true Intent and Meaning of this Act, fo far
forth as it relates to the faid refpective Plantations,
be duly put in Execution.
Anno 10 mo
mo & 11mo Gul. III. Cap. 25.
An Act to encourage the Trade to New-
foundland.
WHEREAS the Trade of and Fishing at New-
foundland is a beneficial Trade to this King-
dom, not only in the imploying great Numbers of Sea-
men and Ships, and exporting and confuming great
Quantities of Provifions and Manufactures of this
Realm, whereby many Tradefmen and poor Artificers
are kept at Work, but alſo in bringing into this Na-
tion by Returns of the Effects of the faid Fishery from
other Countries, great Quantities of Wine, Oil, Plate,
Iron, Wool, and fundry other useful Commodities, to
the Increaſe of his Majefty's Revenue, and the Encou-
ragement of Trade and Navigation: Be it enacted by
the King's moſt Excellent Majefty, by and with the
Advice and Confent of the Lords Spiritual and Tem-
poral, and Commons, in this prefent Parliament af
ſembled, and by the Authority of the fame, That
from henceforth it fhall and may be lawful for all his
have free Majefty's Subjects refiding within this his Realm of
Newfound England, or the Dominions thereunto belonging,
trading or that ſhall trade to Newfoundland, and the
King's Sub-
iects to
land.
Seas,
[ 185 ]
!
Seas, Rivers, Lakes, Creeks Harbours in or about
Newfoundland, or any of the Iſlands adjoining or ad-
jacent thereunto, to have, ufe, and enjoy the free
Trade and Traffick, and Art of Merchandize and
Fiſhery, to and from Newfoundland, and peaceably to
have, uſe, and enjoy the Freedom of taking Bait
and Fiſhing in any of the Rivers, Lakes, Creeks,
Harbours, or Roads, in or about Newfoundland, and
the ſaid Seas, or any of the Iſlands adjacent thereunto,
and Liberty to go on Shore on any Part of Newfound-
land, or any of the ſaid Iſlands, for the curing, falting,
drying, and husbanding of their Fiſh, and for making
of Oyl, and to cut down Wood and Trees there for
building and making or repairing of Stages, Ship-
Rooms, Train-fats, Hurdles, Ships, Boats, and other
Neceffaries for themſelves and their Servants, Seamen,
and Fiſhermen, and all other Things which may be uſe-
ful or advantageous to their Fiſhing Trade, as fully and
freely as at any Time heretofore hath been ufed or
enjoyed there, by any of the Subjects of his Majeſty's
Royal Predeceſſors, without any Hindrance, Inter-
ruption, Denial, or Diſturbance of or from any Per-
fon or Perfons whatſoever: And that no Alien or No Alien to
bait or fiſh
Stranger whatſoever (not refiding within the King- in New-
dom of England, Dominion of Wales, or Town of foundland.
Berwick upon Tweed) fhall at any Time hereafter
take any Bait, or ufe any Sort of Trade or Fifhing
whatſoever in Newfoundland, or in any of the faid
Iſlands or Places abovementioned.
Bb
2. And
'
[ 186 ]
No Ballaſt,
&c. to be
thrown out
into the
Harbours,
2. And for the preferving the faid Harbours from
all Annoyances: Be it further enacted by the Autho-
of any Ship rity aforefaid, That from and after the twenty-fifth
Day of March, one Thouſand feven Hundred now
next coming, no Ballaſt, Preft-Stones, or any Thing
elfe hurtful to or annoying any of the Harbours there
ſhall be thrown out of any Ship or otherwiſe, by any
Perfon or Perſons whatſoever to the Prejudice of any
of the faid Harbours,, but that all fuch Ballaft and
But carried other Things fhall be carried on Shore, and be laid
where they may do no Annoyance.
on Shore.
&c.
No Perfon 3. And be it further enacted by the Authority
to destroy
any Stage, aforefaid, That no Perfon or Perfons whatſoever ſhall
Cook-Room, (at his Departure out of the faid Country, or at any
other Time) destroy, deface or do any Detriment to
any fuch Stage or Cook-Room, or to the Flakes,
Spikes, Nails, or any other Thing whatſoever thereto
belonging, as he or they fhall fall into at his or their
coming into the faid Country, but that he or they
fhall (during his or their Stay there) content him of
themſelves with fuch Stage or Stages only as are need-
ful for him or them, and fhall alfo (at his or their
Departure thence) leave all fuch his or their Stage or
Stages, without doing or caufing to be done any wil-
Stages to be ful Damage to any of them; and that for the repairing
repaired of fuch Stage or Stages as he or they fhall fo take,
cut out of during his or their Abode there, the fame fhall be
the Woods done with Timber fetcht out of the Woods there, and
not by the ruining, breaking down, demoliſhing,
•
with Timber
there.
preju-
[187]
prejudicing, or any wife injuring the Stage or Stages
any other Perſon or Perfons whatſoever.
of
Vice-Admi-
4. And be it further enacted by the Authority Every Fifs-
ing Ship
aforefaid, That (according to the antient Cuſtom firſt entering
there uſed) every fuch Fiſhing Ship from England, Harbour,
Wales, or Berwick, or fuch Fiſhermen as fhall, from fhall be Ad-
miral during
and after the ſaid twenty-fifth Day of March, firſt that Fishing
enter any Harbour or Creek in Newfoundland, in be- Seaſon, &c.
half of his Ship, ſhall be Admiral of the faid Harbour
or Creek, during that Fiſhing Seafon, and for that
Time ſhall reſerve to himſelf only ſo much Beech or
Flakes, or both as are needful for the Number of
fuch Boats as he fhall there ufe, with an Overplus on-
ly for the Uſe of one Boat more than he needs, as a
Privilege for his firſt coming thither; and that the Second Ship,
Maſter of every ſuch ſecond Fiſhing Ship, as ſhall en- ral.
ter any fuch Harbour or Creek, fhall be Vice-Admi-
ral of fuch Harbour or Creek during that Fishing
Seaſon; and that the Maſter of every fuch Fiſhing Next Ship,
Ship next coming, as fhall enter any fuch Harbour or
Creek, fhall be Rear-Admiral of fuch Harbour or
Creek during that Fiſhing Seaſon; and that the Ma-
fter of every Fiſhing Ship there fhall content himſelf
with fuch Beech or Flakes, as he ſhall have neceffary
Uſe for, without keeping or detaining any more Beech
or Flakes, to the Prejudice of any fuch other Ship or
Veffel as fhall arrive there; and that fuch Perfon or Perfon pof-
Perfons, as are poffeffed of feveral Places in feveral lefed of fe-
Harbours or Creeks there, fhall make his or their hall make
Election of ſuch Place as he or they ſhall chooſe to his Election
Bb
B b 2
abide which to
Rear-Admi
ral.
veral Places
[ 188 ]
abide in,
48 Hours
after De-
mand.
abide in; and ſhall alfo, within eight and forty Hours
and give his
Refolution
after any After-comer or After-comers into fuch Place
to any Af- or Places fhall demand fuch his or their Refolution
ter-Comer in touching fuch his or their Election (if the Weather
will fo foon permit, or ſo ſoon after as the Weather
will permit) give or fend his or their Refolution to
fuch After-comer or After-comers, touching fuch his or
their Election of fuch Place as he or they fhall fo
chooſe to abide in for the Fiſhing Seafon, to the End
that fuch After-comer or After-comers may likewife
chooſe his or their Place or Places of his or their abode
In case of there; and in cafe any Difference ſhall ariſe touching
Difference, the faid Matters, the Admirals of the reſpective Har-
Admirals bours where fuch Differences fhall arife, or any two of
the Place. them, fhall proportion the Place to the feveral Ships,
in the feveral Harbours they fiſh in, according to
the Number of Boats which each of the faid Ships
fhall keep.
to proportion
5. And whereas feveral Inhabitants of Newfound-
land, and other Perfons, have, fince the Year of our
Lord one Thouſand fix Hundred Eighty-five, ingroffed
and detained in their own Hands, and for their own
private Benefit, feveral Stages, Cook-Rooms, Beeches,
and other Places in the faid Harbours and Creeks
(which before that Time belonged to Fishing Ships) for
taking of Bait, and Fishing and curing their Fish, to
the great Prejudice of the Fishing Ships that arrive
there in the fishing Seafon, and fome Times to the Over-
throw of fome of their Voyages, and to the great Dif
couragement of the Trades there: Be it further enacted
by
[ 189 ]
Cook-Room,
by the Authority aforefaid, That all and every fuch Perfons who
Perfon and Perfons, as fince the faid Year of our Lord have taken
Since 1685
one Thouſand fix Hundred Eighty-five, have or hath or detained
taken, ſeized, or detained any fuch Stage, Cook-Room, any Stage,
Beech, or other Place, for taking Bait, or fiſhing, or &c. fhall
for the drying, curing, or husbanding of Fiſh, ſhall on relinquish
or before the ſaid twenty-fifth Day of March, relin- the publick
the fame to
quiſh, quit, and leave, to the publick. Uſe of the Fiſh- Use of Fish-
ing Ships,
ing Ships arriving there, all and every the faid Stages, ing
Cook-Rooms, Beeches, and other Places, for taking Bait
and Fiſhing, and for the drying, curing, and husband-
ing of Fiſh.
&C.
man or In-
6. And for the preventing the ingroffing and de-
taining of all fuch Stages, Cook-Rooms, Beeches, and
other Places, by any Perfon or Perfons for the Time to
come: Be it enacted by the Authority aforefaid, That No Fiſher-
no Fiſherman or Inhabitant in Newfoundland, or any habitant of
other Perſon or Perfons whatſoever, fhall, at any Time Newfound-
after the ſaid twenty-fifth Day of March, feize, take land to
poſſeſs any
up, or poffefs any of the Stages, Cook-Rooms, Beeches, Stage, &c.
or other Places, which, at any Time fince the faid until all
Year of our Lord one Thouſand fix Hundred Eighty- Ships be pro-
Fishing
five, did or at any Time hereafter ſhall belong to any vided, &c.
Fiſhing Ship or Ships, for taking Bait or Fiſhing, or
for drying, curing, or husbanding of Fiſh, before the
Arrival of the Fiſhing Ships out of England, Wales,
and Berwick, and until all fuch Ships fhall be provided
with Stages, Cook-Rooms, Beeches, and other Places,
for taking Bait and Fiſhing, and for drying, curing,
and husbanding of Fiſh.
7. Provided
[ 190 ]
Provifo.
By-Boat-
to meddle
7. Provided always, That all fuch Perfons as fince
the twenty-fifth Day of March, one Thouſand fix
Hundred Eighty-five, have built, cut out, or made
(or at any Time hereafter fhall build, cut out, or make)
any Houſes, Stages, Cook-Rooms, Train-fats, or other
Conveniencies for Fiſhing there, that did not belong
to Fiſhing Ships fince the ſaid Year one Thouſand fix
Hundred Eighty-five, fhall and may peaceably and
quietly enjoy the fame to his or their own Uſe, with-
out any Disturbance of or from any Perfon or Perſons
whatſoever.
8. And be it further enacted by the Authority afore-
Keepers not faid, That all and every Perfon or Perfons whatſoe-
with House, ver, that fhall go over with their Servants to New-
Stage, &c. foundland, to keep Boats on a Fiſhing Voyage, com-
belonging to
any Fishing monly called By-Boat-Keepers, fhall not pretend to or
Ships. meddle with any Houfe, Stage, Cook-Room, Train-
fat, or other Conveniency, that did belong to Fiſhing
Ships, fince the Year one Thouſand fix Hundred Eighty-
five, or ſhall be cut out or made by Ships, from and
after the ſaid twenty-fifth Day of March, one Thou-
fand feven Hundred.
And to car-
Men in Six.
9. And be it further enacted by the Authority
ry two fresh aforefaid, That every Mafter of a By-Boat or By-Boats
ſhall carry with him at leaſt two freſh Men in Six, (viz.)
One Man that hath made no more than one Voyage,
obliged to and one Man who hath never been at Sea before; and
imploy two that every Inhabitant ſhall be obliged to imploy two
fuch fresh
Inhabitant
Men.
fuch
[ 191 ]
to carry one
in Five.
fuch freſh Men, as the By-Boat Keepers are obliged
for every Boat kept by them; and further, That all Master of
Maſters of Fiſhing Ships ſhall carry with them in their Filing Ship
Ship's Company, at leaſt one ſuch freſh Man that ne-fresh Man
ver was at Sea before, in every five Men they carry;
and that the Maſter of each fuch By-Boat, and each And make
fuch Fiſhing Ship, ſhall make Oath before the Collec- Oath there-
of.
tor, or other principal Officer of the Cuſtoms of the
Port or Ports from whence fuch Ship intends to fail,
that each Ship and By-Boat's Company have fuch:
freſh Men therein as this Act directs; and that the
faid Officer or Officers is or are hereby impowered
and required to adminiſter the aforefaid Oath to the
faid Maſters of Ships and By-Boats, and give a Cer-Certificate
tificate thereof under his Hand, without any Fee, gratis.
Gratuity, or Reward for fo doing.
Man a
10. And be it further enacted by the Authority Every fifth
aforefaid, That every Mafter or Owner of any Fishing Green-man.
Ship going to Newfoundland (after the ſaid twenty-
fifth Day of March) fhall have in his Ship's Company
every fifth Man a Green-man (that is to fay) not a.
Seaman, or having been ever at Sea before.
11. And be it further enacted by the Authority
aforefaid, That no Perfon or Perfons whatſoever ſhall
at any Time, after the faid twenty-fifth Day of March,
obliterate, expunge, cut out, deface, or any wife alter or Marks of
change the Mark or Marks of any Boat or Boats, Train-Boats or
fat or Train-fats, belonging to any other Perfon or Per- not to be
Train-fats
fons, whereby to defraud or prejudice the right Owner or obliterated,
&c..
Owners
[192]
Without
Confent of
Owner.
be rinded,
fired.
2
Owners thereof, nor convert to his or their own Ufe
any Boat or Boats, Train-fat or Train-fats, belonging
to any other Perfon or Perfons, without his or their
Conſent and Approbation, nor remove nor take away
any fuch Boat or Train-fat from the Place or Places
where they ſhall be left by the Owner or Owners
thereof, except in cafe of Neceffity, and alfo upon
giving Notice thereof to the Admiral of the Harbour
or Place where fuch Boat or Train-fat ſhall be left by
the Owner or Owners, to the End that the right
Owners thereof may know what is become of them.
Standing
12. And be it enacted by the Authority aforefaid,
Trees not to That no Perfon or Perfons whatſoever, fhall, at any
nor Woods Time, after the ſaid twenty-fifth Day of March, rind
any of the Trees there ftanding or growing upon
any Occafion whatſoever, nor fhall by any Ways or
Means whatſoever fet on fire any of the Woods of the
faid Country, or do, or caufe to be done, any Da-
mage, Detriment, or Deſtruction to the fame, for any
Neceſſary Uſe or Uſes whatſoever, except only for neceffary Fuel
Fuel except for the Ships and Inhabitants, and for the building
and neceffary Repairs of Houſes, Ships, Boats, and
Train-fats, and of the Stages, Cook-Rooms, Beeches,
and other Places, for taking Bait and Fiſhing, and for
drying, curing, and husbanding Fiſh there; and alſo
that no Perfon or Perfons whatſoever fhall, at any
Time after the ſaid twenty-fifth Day of March, caft
Anchor, or do any other Matter or Thing, to the An-
Sayns not to noyance or Hindring of the Haling of Sayns in the
be annoyed. accuſtomary baiting Places, or ſhoot his or their Sayn
ed, &c.
or
[193]
Nor Nets,
or Sayns within or upon the Sayn or Sayns of any
other Perfon or Perfons whatſoever; and alſo that no
Perſon or Perſons whatſoever fhall, at any Time after
the ſaid twenty-fifth Day of March, ſteal, purloin, or
take out of the Net or Nets of any other Perfon or
Perſons whatſoever lying adrift, or Drover for Bait by stolen.
Night, nor fteal, purloin, or take away any Bait out
of any Fiſhing Boat or Boats, or any Net or Nets
belonging to any other Perfon or Perfons.
+
Baits, &c.
&G, in
13. And whereas feveral Perfons that have been
guilty of Thefts, Robberies, Murders, and other Felo-
nies, upon the Land in Newfoundland, and the Iſlands
thereunto adjacent, have many Times efcaped unpunish-
ed, becauſe the Trial of fuch Offenders hath heretofore
been ordered and adjudged in no other Court of Justice,
but before the Lord High Conftable, and Earl Marshal
of England: For Reformation thereof, and for the
more Speedy and effectual Puniſhment of fuch Offences
for the Time to come, Be it enacted by the Authority Robberies,
aforefaid, That all Robberies, Murders, and Felonies, New-
and all other capital Crimes whatſoever, which at any foundland
Time or Times after the faid twenty-fifth Day of may be tried.
March, fhall be done and committed in or upon the ty in Eng-
Land in Newfoundland, or in any of the Iſlands there- land, by
unto belonging, fhall and may be inquired of, tried, Commiſſion
of Oyer and
heard, determined and adjudged in any Shire or Coun- Terminer.
ty of this Kingdom of England, by Virtue of the
King's Commiffion or Commiffions of Oyer and Ter-
miner, and Goal Delivery, or any of them, accord-
ing to the Laws of this Land ufed for the Punishment
Cc
of
in any Coun
ปี
[194]
Admirals in
Newfound-
of fuch Robberies, Murders, Felonies, and other capi
tal Crimes done and committed within this Realm.
14. And be it further enacted by the Authority
land to fee aforefaid, That the Admirals of and in every Port and
the Rules, Harbour in Newfoundland, for the Time being, be
&c. in this and are hereby authorized and required (in order to
ed. preſerve Peace and good Government amongst the
Aft execut-
Seamen, and Fiſhermen, as well in their refpective
Harbours, as on the Shore) to fee the Rules and Or-
ders in this preſent Act contained concerning the Re-
gulation of the Fishery there duly put in Execution;
Keep a and that each of the faid Admirals do Yearly keep a
Journal,
&c. and Journal of the Number of all Ships, Boats, Stages, and
deliver a Train-fats, and of all the Seamen belonging to and
Copy thereof imployed in each of their reſpective Harbours, and
vy Council, fhall alfo (at their Return to England) deliver a true
Copy thereof under their Hands, to his Majefty's.
moſt Honourable Privy Council..
to the Pri-
between
' '
Admirals to 15. And be it further enacted by the Authority
determine aforefaid, That in caſe any Difference or Controverſy
Differences
fhall arife in Newfoundland, or the Ilands thereunto
Mafters of adjoining, between the Mafters of Fiſhing Ships and
Fishing the Inhabitants there, or any By-Boat-Keeper, for or
Inhabitants. concerning the Right and Property of Fiſhing-Rooms,
Ships and
Stages, Flakes, or any other Building or Conveniency
for fishing or curing of Fifh, in the feveral Har-
bours or Coves, the faid Differences, Difputes, and
Controverfies, fhall be judged and determined by the
Fiſhing Admirals, in the feveral Harbours and Coves;
and
[ 193 95
]
and in cafe any of the faid Mafters of Fifhing Ships, Party ag-
By-Boat-Keepers, or Inhabitants, fhall think themſelves grieved may
apppeal to
aggrieved by fuch Judgment or Determination, and Command-
fhall appeal to the Commanders of any of his Majeſty's ers of King
Ships of War, appointed as Convoys for Newfound-pointed as
land, the faid Commander is hereby authorized and Convoys.
impowered to determine the fame, purſuant to the
Regulation in this Act.
1501
Ships ap-
Lord's Day,
thereon.
1-46. And to the End, That the Inhabitants, Fisher- Inhabitants
men, Seamen, and all and every other Perfon and Per-toobferve the
Sons refiding or being at Newfoundland, or any the faid and not fell
Ilands or other Places, may with all Devotion join their any Liquors
folemn Prayers and Addreffes to Almighty God, for the
obtaining of his Bleffing upon their Perfons and Endea-
vours. Be it hereby enacted, That all and every the
Inhabitants of Newfoundland, or the faid Iflands or
Places adjacent near thereto, fhall ftrictly and decent-
ly obferve every Lord's Day, commonly called Sun-
day; and that none of the faid Inhabitants (who keep
any Tavern, Ale-houſe, or other publick Houfe for
Entertainment) fhall entertain or fell, vend, utter, or
difpofe of to any Fifherman, Seaman, or other Perfon
whatſoever, upon any Lord's Day or Sunday, any
Wine, Beer, Ale, Cyder, Strong Waters, or Tobacco,
or any other Liquor or Liquors whatſoever.
Сс
C c 2
Anno
[[196]
28 Hen.
$
II
Anno 11mo & 12mo Gul. III. Cap. 7...
An Act for the more effectual Suppreſſion of
Piracy
と
​2
>
•
*
+
W HERE AS by an Act of Parliament made in
VIII.C.15. the twenty-eighth Year of the Reign of King
Henry the Eighth, It is enacted, That Treafons, Felonies,
Robberies, Murders, and Confederacies committed on
the Sea, fhall be enquired of, tried, and determined ac-
cording to the common Courſe of the Laws of this Land
uſed for fuch Offences upon the Land within this
Realm; whereupon the Trial of thofe Offenders before
the Admiral, or his Lieutenant, or his Commiffary,
hath been altogether difufed: And whereas, that fince
the making of the faid Act, and especially of late Years,
it hath been found by Experience, that Perfons commit-
ting Piracies, Robberies, aud Felonies on the Seas, in
or near the Eaft and Weſt Indies and in Places very
remote, cannot be brought to condign Puniſhment with-
out great Trouble and Charges in fending them into
England to be tried within the Realm, as the faid Sta-
tute directs, infomuch that many idle and profligate
Perfons have been thereby encouraged to turn Pirates,
and betake themſelves to that Sort of wicked Life,
trusting that they shall not or at least cannot easily be
queftioned for fuch their Piracies and Robberies by
reafon of the great Trouble and Expence that will ne
ceffarily fall upon fuch as fball attempt to apprehend
$
F
and
ed
[97]
?
:
nies, &c.
on the Sea
.
and profecute them for the fame: And whereas the
Numbers of them are of late very much increaſed, and
their Infolencies fo great, that unless fome Speedy Reme
dy be provided to fuppress them by a ftrict and more
eafy Way for putting the antient Laws in that Behalf
in Execution, the Trade and Navigation into remote
Parts will very much fuffer thereby Be it therefore
declared and enacted by the King's moft Excellent
Majefty, by and with the Advice and Confent of the
Lords Spiritual and Temporal, and Commons, in this
prefent. Parliament affembled, and by the Authority
of the fame, That all Piracies, Felonies, and Robberies, How and
committed in or upon the Sea, or in any Haven, Ri- where Pi-
ver, Creek, or Place, where the Admiral or Admirals racies, Felo-
have Power, Authority or Jurifdiction, may be ex- committed
amined, inquired of, tried, heard, and determined,
and adjudged, according to the Directions of this Act,
in any Place at Sea, or upon the Land, in any of his
Majeſty's Iflands, Plantations, Colonies, Dominions,
Forts, or Factories, to be appointed for that Purpoſe
by the King's Commiffion or Commiffions under the By 4 Geo.
Great Seal of England, or the Seal of the Admiralty s.7. Offend
of England, directed to all or any of the Admirals, ers against
Vice-Admirals, Rear-Admirals, Judges of Vice-Admi- this At
may be tried
ralties, or Commanders in any of his Majefty's Ships of as directed
War, and alfo to all or any fuch Perfon or Perfons, by 28 Hen.
Officer or Officers by Name or for the Time being,
as his Majefty fhall think fit to appoint; which faid cluded their
Commiffioners fhall have full Power jointly or feve- Clergy.
rally, by Warrant under the Hand and Seal of them;
or any one of them, to commit to fafe Cuftody any
h
Pors
may be tried.
I. C. II.
VIII. C.
15. and ex-
ނ
Perfon
[ 198 ]
7
Perfon or Perfons, againſt whom Information of Piras
cy, Robbery, or Felony upon the Sea, ſhall be given
upon Oath (which Oath they or any one of them (hall
艷
​1
have full Power, and are hereby required to adminiə
Admiralty fter) and to call and affemble a Court of Admiralty on
Court to Ship-board, or upon the Land, when and as often as
confift offer Occafion fhall require; which Court fhall confift of
feven Perfons at the leaſt.
ven Perfons.
Where So
many cannot
be bad.
1
2. And if fo many of the Perfons aforefaid cannot
conveniently be affembled, Be it further enacted by
the Authority aforefaid, That any Three of the afore
faid Perfons (whereof the Prefident or Chief of fome
English Factory, or the Governor, Lieutenant Gover-
nor, or Member of his Majefty's Councils in any of
the Plantations or Colonies aforefaid, or Commander
of one of his Majefty's Ships, is always to be one) fhall
have full Power and Authority, by Virtue of this Act,
to call and affemble any other Perfons on Ship-board,
or upon the Land, to make up the Number of Seven:
Perfons 3. Provided, That no Perſon but fuch as are known
qualified to Merchants, Factors, or Planters, or fuch as are Cap-
fit and vote,
&c. tains, Lieutenants, or Warrant Officers in any of his
Majeſty's Ships of War, or Captains, Mafters, or Mates
of fome English Ship, fhall be capable of being fo
called, and fitting and voting in the faid Court.
મ
Power of
Courts fo
4. And be it enacted by the Authority aforefaid,
called, in That fuch Perfons called and affembled, as aforefaid,
cafe of Tri- hall have full Power and Authority, according to the
al of Pirate,
&C.
1
Courfe
[ 199 ]
א
{
Courfe of the Admiralty, to iffue Warrants for bring
ing any Perſons accuſed of Piracy or Robbery before.
them to be tried, heard, and adjudged; and to fum-
mon Witneffes, and to take Informations and Exami-
nations of Witneffes upon their Oath; and to do all
Things neceffary for the Hearing and final Determi
nation of any Cafe of Piracy, Robbery, and Felony ;
and to give Sentence and Judgment of Death, and to
award Execution of the Offenders convicted and at-
tainted, as aforefaid, according to the Civil Law, and.
the Methods and Rules of the Admiralty; and that
all and every Perfon and Perfons fo convicted and at-
tainted of Piracy or Robbery, fhall have and fuffer
fuch Loffes of Lands, Goods, and Chattels, as if they
had been attainted and convicted of any Piracies, Fe-
lonies, and Robberies according to the aforementioned
Statute made in the Reign of King Henry the Eighth..
{
A
first read,
5. Provided always, and be it further enacted by King's Com--
the Authority aforefaid, That fo foon as any Court million to be
fhall be affembled, as aforefaid, either on Ship-board, Court
or upon the Land, the King's Commiffion fhall firſt open'd.
be openly read, and the faid Court then and there
fhall be folemnly and publickly called and proclaim- Prefident to
ed and then the Prefident of the Court ſhall in the take the
following
firft Place, publickly in open Court, take the follow- Oath.
ing Oath, vix..
}
"IA. B. do fwear in the Prefence of Almighty
"Gody That I will truly and impartially try, and
"adjudge the Prifoner or Prifoners which fhall be.
"brought:
[ 200 ]
And then to
brought upon his or their Trials before this Court,
"and honeſtly and duly on my Part put his Majeſty's
"Commiffion for the trying of them in Execution,
according to the beſt of my Skill and Knowledge;
" and that I have no Intereft directly or indirectly, in
any Ship or Goods, for the Piratically taking of
"which any Perſon ſtands accuſed, and is now to be
"tried: So help me God."
6. And he having taken the Oath in Manner afore-
adminifter faid, fhall immediately adminifter the fame Oath to
the fame to
every Perſon who fhall fit, and have and give a Voice
Members. in the faid Court upon the Trial of fuch Priſoner or
the other
Priſoners as aforefaid; and immediately thereupon the
faid Priſoner or Priſoners fhall be formally brought bè-
How Pri- fore them; and then the Regiſter of the faid Court
Joners ball fhall openly and diſtinctly read the Articles againſt
before them fuch Prifoner or Priſoners, upon which they or any
and tried. of them is or are to be tried; wherein shall be fet
be brought
Prifoners
forth the particular Fact or Facts of Piracy, Robbery,
and Felony, with the Time and Place when and
where, and in what Manner it was committed; and
then each Priſoner ſhall be asked whether he be guilty
of the ſaid Piracy and Robbery, or Felony, or not
guilty? whereupon every fuch Priſoner ſhall immedi→
ately plead thereunto, guilty, or not guilty, or elſe it
ſhall be taken as confeffed; and he ſhall fuffer fuch Pains
of Death, Lofs of Lands, Goods, and Chattels, and in
like Manner, as if he or they had been attainted or
convicted upon the Oath of Witneffes, or his own
Confeffion; But if any Priſoner ſhall plead not guilty,
1
Witneffes
[ 201 ]
voca
Witneffes fhall be produced by the Regiſter, and du- pleading,
not guilty,
ly fworn and examined openly, viva voce, in the Witneſes
Prifoner's Prefence; and after a Witneſs hath an-ſhall be ex-
ſwered all the Queſtions propoſed by the Prefident of amined viva
the Court, and given his Evidence, it fhall and may
be lawful for the Prifoner to have the Witneſs croſs-
examined, by firft declaring to the Court what Que-
ſtion he would have asked, and thereupon the Prefi-
dent of the Court ſhall interrogate the Witneſs accord-
ingly; and every Priſoner ſhall have Liberty to bring
Witneffes for his Defence, who ſhall be fworn, and ex-
amined upon Oath, as the Witneffes were that teftifi-
ed againſt him; and afterwards the Priſoner fhall be
fairly heard what he can fay for himfelf; all which
being done, the Prifoner fhall be taken away and
kept in fafe Cuſtody, and all other Perfons, except the
Regiſter ſhall withdraw from the faid Court, and then
the Court fhall confider of the Evidence which hath
been given, and debate the Matters and Circumſtances
of the Prifoner's Cafe, and the Prefident of the Court
fhall collect all the Votes of the Perfons who do fit
and have Voices in the faid Court, beginning at the
Junior firſt, and ending with himſelf; and according
to the Plurality of Voices, Sentence and Judgment
ſhall be then given and pronounced publickly in the
Prefence of the Priſoner or Priſoners, being called in
again; and according to fuch Sentence and Judgment How Sen-
the Perfon or Perfons attainted fhall be executed and be executed.
tence ſhall
put to Death at fuch Time, in fuch Manner, and in
fuch Place upon the Sea, or within the Ebbing or
Flowing thereof, as the Preſident or the major Part of
Dd
the
[202]
the Court to
Notary.
the Court, by Warrant directed to a Provoft Marfhrat
(which the Prefident or faid major Part hall have
Power to conftitute) fhall appoint.
**
Regiſter of 7. And be it further enacted by the Authority
be a publick aforefaid, That fome Perfon, being a publick Notary,
ſhall be Regiſter of the Court; and in cafe of his Ab-
fence, Death, or Incapacity, or for want of a Perfon
fo qualified, the Prefident of the Court fhall and may
appoint a Regiſter, giving him an Oath (which he is
hereby impowered to adminiſter) duly, faithfully, and
impartially to execute his Office; which Regifter
ſhall prepare all Warrants and Articles, and take Care
to provide all Things requifite for any Trial, accord-
ing to the ſubſtantial and effential Parts of Proceed-
ings in a Court of Admiralty, in the most fummary
Way; and fhall take Minutes of the whole Proceed-
ings, and enter them duly in a Book by him to be
kept for that Purpofe; and fhall from Time to Time,
as Opportunity offers, tranfmit the fame with the Co-
pies of all Articles and Judgments given in any fuch
Cafes, in any Court whereof he fhall be Regifter, un-
to the High Court of Admiralty of England.
King's Sub-
jects, &c.
&
i
!
8. And be it further enacted by the Authority
committing aforefaid, That if any of his Majeſty's natural born
Piracy, &c. Subjects of Denizens of this Kingdom fhall commit
on others of
the King's any Piracy or Robbery, or any Act of Hoftility,
Subjects by against others his Majefty's Subjects upon the Sea, un-
der Colour of any Commiffion from any foreign
from any fo
reigh Prince or State, or Pretence of Authority from any
Perfon
[ 203 ]
Perfon whatſoever, fuch Offender and Offenders, and Prince, hall
be adjudged
every of them,' fhall be deemed, adjudged, and taken Pirates,
to be Pirates, Felons, and Robbers; and they and &c. and
every of them being duly convicted thereof, accord-SufferDeath.
ing to this Act, or the aforefaid Statute of King
Henry the Eighth, fhall have and fuffer fuch Pains of
Death, Lofs of Lands, Goods, and Chattels, as Pirates,
Felons, and Robbers upon the Seas ought to have and
fuffer.
>
5
run
who ſhall
turn Pirate,
&c.
9. And be it further enacted, That if any Com- Commander
mander or Maſter of any Ship, or any Seaman or or Mariner
Mariner, fhall, in any Place where the Admiral hath betray his
Jurifdiction, betray his Truft, and turn Pirate, Ene- Trust, or
my, or Rebel, and piratically and felonioufly
away with his or their Ship or Ships, or any Barge,
Boat, Ordnance, Ammunition, Goods, or Merchan
dizes, or yeild them up voluntarily to any Pirate, or
fhall bring any Seducing Meffages from any Pirate,
Enemy, or Rebel, or confult, combine, or confederate Or endea
with, or attempt or endeavour to corrupt any Com-vour to cor-
mander, Mafter, Officer, or Mariner to yeild up or other, &c.
run away with any Ship, Goods, or Merchandizes,
or turn Pirate, or go over to Pirates, or if any Per-
fon fhall lay violent Hands on his Commander, where- Or Perfon
by to hinder him from fighting in Defence of his laying vio-
Ship and Goods committed to his Truft, or that ſhall on bis Com-
confine his Mafter, or make, or endeavour to make a mander,
&c. fhall be
Revolt in his Ship, fhall be adjudged, deemed, and
adjudged a
taken to be a Pirate, Felon, and Robber, and being Pirate, and
convicted thereof, according to the Directions of this Juffer Death.
€
Dd 2
A&t,
rupt any
lent Hands
1
[204]
or aiding
[
T
A
Act, fhall have and fuffer Pains of Death, Lofs of
Lands, Goods, and Chattels, as Pirates, Felons, and
Robbers upon the Seas ought to have and fuffer.
10! And whereas feveral evil difpofed Perfons, in
the Plantations and elsewhere, have contributed very
much towards the Increafe and Encouragement of Pi-
rates, by Setting them forth, and by aiding, abetting,
receiving, and concealing them and their Goods, and
there being fome Defects in the Laws for bringing fuch
Perfons fet- evil difpofed Perfons to condign Pnniſhment; Be it en-
ting forth, acted by the Authority aforesaid, That all and every
any Pirate, Perfon and Perſons whatſoever, who, after the twen-
&c. ball, ty-ninth Day of September, in the Year of our Lord
be adjudged
Acceffaries, one Thouſand ſeven Hundred, fhall either on the
Land, or upon the Seas, knowingly or wittingly fet
forth any Pirate, or aid and affift, or maintain, pro-
cure, command, councel, or adviſe any Perfon or
Perfons whatſoever, to do or commit any Piracies or
Robberies upon
upon the Seas, and fuch Perfon and Perfons
fhall thereupon do or commit any fuch Piracy or
Robbery, then all and every fuch Perfon or Perfons
whatſoever, ſo as aforefaid, fetting forth any Pirate,
or aiding, affifting, maintaining, procuring, com-
manding, counſelling, or advifing the fame, either on
the Land or upon the Sea, fhall be and are hereby
declared and ſhall be deemed and adjudged to be Ac-
ceffary to fuch Piracy and Robbery done and commit-
The like for ted; and further, that after any Piracy or Robbery is
concealing or ſhall be committed by any Pirate or Robber what-
foever, every Perfon and Perfons, who, knowing that
Pirate, &c.
fuch
[?
[205]
~
1
to fuch Pirate for Robber has done or committed fuch Pi-
Iracy and Robbery, fhall on the Land or upon the
Sea, receive, entertain, or conceal any fuch Pirate or
Robber, or receive or take into his Cuftody any Ship,
Veffel, 'Goods, or Chattels, which have been by any
ſuch Pirate or Robber piratically and feloniouſly taken,
fhall be and are hereby likewife declared, deemed,
and adjudged to be Acceffary to fuch Piracy and
Robbery; and that after the faid nine and twentieth
Day of September, all fuch Acceffaries to fuch Piracies How Accef
and Robberies fhall and may be enquired of, tried, be tried.
faries fhall
heard, determined, and adjudged after the common
Courſe of the Laws of this Land, according to the
faid Statute made in the twenty-eighth Year of King
Henry the Eighth, as the Principals of fuch Piracies
and Robberies may and ought to be, and no other-
wife; and being thereupon attainted, fhall fuffer fuch
Pains of Death, Lofs of Lands, Goods, and Chattels,
and in like Manner as the Principals of fuch Piracies,
Robberies, and Felonies ought to fuffer, according to
the faid Statute of King Henry the Eighth, which is
hereby declared to be and continue in full Force; any
Thing in this preſent Act contained to the Contrary
notwithſtanding.
11. And forafmuch as it will alfo conduce to the
fuppreffing of Robberies on the Sea if due Encourage-
ment be given, and Rewards allowed, to fuch Command-
ers, Maſters, and other Officers, Seamen, and Mari-
ners, as ſhall either bravely defend their own Ships, or
take, feixe, and defroy Pirates Sea Rovers, and
Enemies
1
[206]
༣
$
Encourage- Enemies Be it further enacted by the Authority
ment for
Command aforefaid, That when any English Ship fhall have been
ers and Ma- defended against any Pirates, Enemies, or Sea Ro-
riners to vers by Fight, and brought to her defigned Port, in
defend their
Ships against which Fight any of the Officers or Seamen fhall have
Pirates, been killed or wounded, It fhall and may be lawful
&c. to and for the Judge of his Majefty's High Court of
See the like Admiralty, or his Surrogate in the Port of London, or
Provifion, the Mayor, Bailiff, or chief Officer in the feveral
Car. II. C. Out - Ports of this Kingdom, upon the Petition
11. S. 10. of the Mafter or Seamen of fuch Ship fo defended as
44
aforefaid, to call unto him four or more good and.
fubftantial Merchants, and fuch as are no Adventurers
or Owners of the Ship or Goods fo defended, and
have no Manner of Intereft therein, and by Advice.
with them to raife and levy upon the reſpective Ad-
venturers and Owners of the Ship and Goods fo de-
fended, by Proceſs out of the faid Court, fuch Sum
or Sums of Money as himſelf and, the faid Merchants,
by Plurality of Voices, fhall determine and judge rea-
ſonable, not exceeding two Pounds per Centum of
the Freight, and of the Ship and Goods fo defend-
ed, according to the firft Cofts of the Goods; which
Sum or Sums of Money fo raiſed fhall be diftributed
among the Captain, Mafter, Officers, and Seamen of the
ſaid Ship, or Widows and Children of the Slain, according
to the Direction of the Judge of the faid Court, or his
Surrogate in the Port of London, or the Mayor, Bai-
liff, or chief Officer in the feveral Out- Ports of
this Kingdom, with the Approbation of the Merchants
aforefaid; who fhall proportion the fame, according.
j
to
[207]
1
to their beſt Judgment, unto the Ship's Company, as
aforefaid, having fpecial Regard unto the Widows
and Children of fuch as fhall have been flain in that.
Service, and fuch as have been wounded or maimed.
13. Provided alfo, That this Act fhall be in Force Att to be in
for feven Years, and to the End of the next Seffion of Force for fe-
Parliament, after the Expiration of the faid feven Made per-
Years, and no longer.
K
upon
ven Years.
petual by 6
Geo. I. C.
19. S. 3.--
ers, &c.
try the
nies, &c. in
14. And for the more effectual Profecution and And enforc
ed by 8
Punishment of Piracies, Felonies, and Robberies G. I. C..
the Sea, and of all other Offences aforementioned: Be 24.
it declared and enacted by the Authority aforefaid, Commiſſion--
That the Commiffioners appointed or to be appointed hall have.
by the aforementioned Statute of King Henry the Power to
Eighth, or the Commiffioners for Trial of Pirates; - ap-
aforefaid
pointed by this Act, ſhall from and after the faid nine Crimes in
and twentieth Day of September, one Thoufand feven all the Colo-
Hundred, have the fole Power and Authority of try-America.
ing, hearing, and determining the faid Crimes and
Offences, within all or any of the Colonies and
Plantations in America, governed by Proprietors, ar
under Grants or Charters from the Crown, and of
bringing the Offenders to condign Puniſhment; and
fhall and may. iffue forth their Warrant or Warrants ·
for the feizing and apprehending of any Pirates, Fe-
lons, or Robbers upon the Sea, or their Confederates
or Acceffaries, being within any of the faid Colonies
and Plantations, in Order to their being brought to
Trial within the fame or any other Plantation in:
2
America,
[ 208 ]
Governors
of the faid
Colonies,
America, according to this Act, or fent into England
to be tried there; and that all and every Governor
and Governors, Perfon and Perfons in Authority in
&c. to af the faid Colonies and Plantations, governed by Propri-
fift Commif-
fioners, &c. etors, or under Charters, as aforefaid, fhall affift the
And deliver Commiffioners and their fubordinate Officers in doing
up Pirates, their Duty, and alfo in the Execution of fuch Warrants,
&c.
yeilding
and otherwiſe, and ſhall deliver up to fuch Commif-
fioner or Commiffioners, Officer or Officers, any Pi-
rates, Felons, and Robbers upon the Sea, and their
Confederates and Acceffaries, in Order to their being
tried, or fent into England, as aforefaid; any Letters
Patents, Grants, or Charters of Government, in and
about the ſaid Plantations, or other Uſages heretofore
had or made to the contrary notwithſtanding.
Penalty on
15. And be it hereby further declared and enacted,That
Governor, ifany of the Governors in the ſaid Plantations, or any Per-
&c. not fon or Perſons in Authority there, fhall refuſe to yield
Obedience to Obedience to this Act, fuch Refufal is hereby declar-
ed to be a Forfeiture of all and every the Charters
granted for the Government or Propriety of fuch
Plantation.
this Alt.
How Com-
Trial of
Offences
16. Provided always, and be it enacted by the
millions for Authority aforefaid, That whenfcever any Commiffi-
on for the Trial and Puniſhment of the Offences
within the aforefaid, or any of them ſhall be directed or fent to
Jurifdiction
of the Cin any Place within the Juriſdiction of the Cinque Ports,
que Ports, that then every fuch Commiffion fhall be directed un-
hall be di- to the Lord Warden of the Cinque Ports, for the
rected,
Time
[209]
}
子
​tion made.
Time being, or to his Lieutenant, and unto fuch
other Perfons as the Lord High Chancellor, or Keeper
of the Great Seal of England, for the Time being, or
Commiffioners for the Cuftody of the Great Seal, fhall
name and appoint; and likewife that every Inquifiti- And Inquifi-
on, and Trial to be had by Virtue of fuch Commiffion
fo, directed and fent to any Place in the faid Cinque
Ports, fhall be made and had by the Inhabitants of
the faid Cinque Ports, or the Members of the fame;
any Thing in this Act to the contrary thereof not-
withſtanding.
27
1
mo
>
Anno I Annæ St. 1. Cap. 16.
An Act for the enlarging and encouraging
the Greenland Trade.
& M, C.
17.
WHEREAS by an Act made in the Fourth and 4 and 5 W.
Fifth Years of the Reign of their late Majefties
King William and Queen Mary, for encouraging the
Greenland Fiſhery, a Company was thereby incorporat-
ed, giving Liberty to the faid Company, exclufive to the
reft of their Majefties Subjects, it is thereby enacted,
That it fball and may be lawful for the faid Company,
thereby established, and for all and every the Ships and
Veffels belonging to or imployed by the faid Company,
and truly belonging to England, Wales, or the Town of
Berwick upon Tweed, and whereof the Maſters ſhall
be Engliſh Men, and inhabiting within the Places
Ее
afore-
[ 210 ]
aforefaid, and for no other Ship or Veffel whatsoever,
from and after the first Day of May, in the Year of
our Lord one Thouſand fix Hundred Ninety three, and
until the first Day of October, which ſhall be in the
Year of our Lord one Thoufand feven Hundred and
Seven, imployed for the catching of Whales in the
Ships em Greenland Seas, and other the Seas and Places afore-
ployed in the
Greenland faid, during fuch their Voyages, to be navigated with
Fishery, na- one Third of the Mariners English at the least, and
vigated yet to pay no further or other Cuftom for the Oil,
Third Eng- Blubber, or Fins caught and imported in fuch Ships or
with one
liſh.
Veffels, than if fuch Ships or Veſſels had been navigated
with three Fourths of the Mariners English; any Law,
Statute, or Uſage to the contrary in any wife notwith-
ftanding. Provided always, and it is thereby further
enacted by the Authority aforefaid, That no English
Ship or other Veſſel belonging to England, Wales, or
the Town of Berwick upon Tweed, and which fhall
belong to, and be imployed by the faid Company in the
catching of Whales in the Greenland Seas, and other
the Seas and Places aforefaid, fhall enjoy any Benefit or
Privilege by this Act, unless fuch Ship or Veffel did
proceed on her Voyage for Greenland, and thofe Seas,
or for other the Seas and Places aforefaid, from Eng-
land, or Wales, or the Town of Berwick upon Tweed,
and was victualled for the faid Voyage in fome of thofe
Places, to be attefted by the Collector of the Port where
the fame Ship or Veſſel was victualled; notwithſtand-
ing which, the faid Company have of late wholly neg-
lected and loft that Trade to this Nation: And there-
fore, for the enlarging and encouraging the Greenland
Trade,
[ 211 ]
it may
Trade, and for the better Improvement of the fame for
the Good of England, May it pleaſe your Majeſty that
be enacted: And be it enacted by the Queen's
moſt Excellent Majefty, by and with the Advice and
Confent of the Lords Spiritual and Temporal, and
Commons, in this preſent Parliament affembled, and
by the Authority of the fame, That from and after
the firſt Day of May, which fhall be in the Year of
our Lord one Thouſand feven Hundred and Two, it
ſhall and may be lawful for any of her Majeſty's Sub- Any of the
jects whatſoever, that will adventure to Greenland for Queen's
Subjects
fifhing of Whales, to have and enjoy all the Privi- may use the
leges that were granted to the faid Company by the Greenland
aforefaid Act, and fhall not pay any further or other
Duty, than if they had been of the faid Greenland
Company; any Law or Statute to the contrary not-
withſtanding.
Fishery.
neer, &c.
2. And be it further enacted by the Authority No Harpo-
aforefaid, That no Harponeer, or other Foreigners to be im-
that are permitted by the faid A&t for carrying on the prefted.
ſaid Fiſhery, ſhall be imprefted for her Majeſty's 13 Geo.
Service.
II. C. 28,
S. 5.
E e 2
Anno
[212]
Captain,
Mafter,&c.
wilfully caft-
Anno I mo Annæ St. 2. Cap. 9.
An Act for puniſhing of Acceffaries to Fe-
lonies, and Receivers of ftolen Goods, and
to prevent the wilful burning and deftroy-
ing of Ships.
4. AND for the effectual preventing the wilful
cafting away, burning, or otherwife deftroying,
ing away by Mafters and Mariners, of Ships under their Charge:
or burning, Be it enacted by the Authority aforefaid, That if any
Ship, Shall Captain, Mafter, Mariner or other Officer, belonging
fuffer Death. to any Ship, fhall, after the faid twelfth Day of Fe-
Etc. any
on the High
Shire in
bruary one Thouſand ſeven Hundred and Two, wil
fully caft away, burn, or otherwiſe deſtroy the Ship
unto which he belongeth, or procure the fame to be
done, to the Prejudice of the Owner or Owners there-
of, or of any Merchant or Merchants, that fhall load
Goods thereon, he fhall fuffer Death as a Felon.
The faid
Offences
5. And be it further enacted by the Authority
committed aforefaid, That all and every the faid Offence and
Seas may be Offences committed on the High Seas, or where the
tried in any Admiralty hath Jurifdiction, fhall be inquired, tried,
heard, determined and judged, in fuch Shires and
in fuch Places in the Realm, as fhall be limitted by the
Manner as Queen's Commiffion under the Great Seal of Eng-
by 28 Hen.
VIII. C. land, in fuch Manner and Form, as in and by an Act
15. is di- made in the twenty eighth Year of the Reign of the
England,
rected.
late
[213]
vitted there-
late King Henry the Eighth, is directed and appointed
for the Trial of Pirates; and that all and every Perfon Perfons con--
and Perfons, who, from and after the faid twelfth of to fuffer
Day of February, One thouſand Seven hundred and Death with-
Two, fhall be convict of any of the faid Offence or out Benefit
Offences laft mentioned, or fhall ftand mute, or pe-
of Clergy.
remptorily challenge above the Number of twenty
Perfons returned to ferve of the Jury, fhall fuffer
Death without Benefit of Clergy,
1
Anno 2do & 3° Annæ Cap. 6.
An Act for the Increase of Seamen, and
better Encouragement of Navigation,
and Security of the Coal Trade..
WHEREAS the giving due Encouragement to
fuch of the Youth of this Kingdom, as ſhall vo-
luntarily betake themselves to the Sea Service, and
Practice of Navigation, and obliging others, who, by
Reaſon of their own or their Parents Poverty, are def
titute of Employment, or any lawful means whereby to
maintain themſelves, may greatly tend to the Increase
of able and experienced Mariners and Seamen, for the
Service of her Majesty's Royal Navy, and for the car-
rying on the Trade and Commerce of this Kingdom:
Be it therefore enacted by the Queen's moſt excellent
Majefty, by and with the Advice and Confent of the
Lords
[214]
Lords Spiritual and Temporal, and Commons, in this
prefent Parliament affembled, and by the Authority
of the fame, That from and after the five and twen-
tieth Day of March, in the Year of our Lord One
Parish Boys thoufand Seven hundred and Four, It fhall and may
may be put be lawful to and for two or more Juftices of the Peace,
out Appren-
tices to the in their [feveral and refpective Counties, Ridings, or
Sea Service Divifions, as alfo to and for all Mayors, Aldermen,
Bailiffs, and other Chief Officers and Magiftrates of
any City, Borough, or Town Corporate, within her
Majeſty's Kingdom of England, Dominion of Wales,
and Town of Berwick upon Tweed, and likewife to
and for the Churchwardens and Overſeers of the Poor
(for the Time being) of the feveral and refpective Pa-
riſhes within the Places aforefaid, by and with the
Confent and Approbation of ſuch Juftices of the Peace,
Mayors, Aldermen, Bailiffs, or other the Chief Offi-
cers or Magiftrates aforefaid, to bind and put out any
Boy or Boys, who is, are, or fhall be of the Age of
Ten Years, or upwards, or who is, are, or fhall be charge-
able, or whoſe Parents are or ſhall become chargeable
to the reſpective Pariſh or Pariſhes wherein they inha-
bit, or who ſhall beg for Alms, to be Apprentice and
Apprentices to the Sea Service, to any of her Majeſty's
To Masters Subjects, being Mafters or Owners of any Ship or
of Ships, Veffel ufed in Sea Service, and belonging to any Port
or Ports within the Kingdom of England, Dominion
of Wales, or Town of Berwick upon Tweed aforefaid,
for ſo long time, and until fuch Boys fhall refpectively
attain or come to the Age of One and twenty Years;
And fuch binding out any fuch Apprentice ſhall be
&c.
as
[215]
as effectual in the Law, to all Intents and Purpoſes,
as if fuch Boy were of full Age, and by Indenture
had bound himſelf an Apprentice: And to the End Boys Age to
be inferted
that the time of the Continuance of the Service of in his Inden-
fuch Apprentice or Apprentices may the more plainly ture, &c.
and certainly appear, the Age of every fuch Boy, fo
to be bound Apprentice, fhall be mentioned and in-
ferted in his Indentures, being taken truly from a
Copy of the Entry in the Regiſter Book, wherein the
time of his being baptized is or ſhall be entred (where
the fame can or may be had) which Copy fhall be
given and attefted by the Minifter, Vicar, or Curate
of fuch Parish or Pariſhes, wherein fuch Boys Baptifm
ſhall be Regiſtred, without Fee or Reward, and may
be writ upon Paper or Parchment without any Stamp
or Mark; and where no fuch Entry of fuch Boys
being baptized can be found, two or more of fuch
Juftices of the Peace, and fuch Mayors, Aldermen,
Bailiffs, or other Chief Officers fhall, as fully as they
can, inform themſelves of fuch Boy's Age, and from
fuch Information fhall infert the fame in the faid In-
dentures; and the Age of fuch Boy fo inferted and
mentioned in the faid Indentures (in relation to the
Continuance of his Service) fhall be taken to be his
true Age without any further Proof thereof.
2. And be it further enacted by the Authority a- Churchwar-
forefaid, That the Churchwardens and Overfeers of dens to pay
the Poor for the Time being, of the feveral and ref- down fifty
Shillings for
pective Pariſhes, from whence any fuch Boy fhall be Boys neceſſa-
bound Apprentice to the faid Service, as aforefaid, ryCloathing,
fhall
&c. and be
[216]
allowed the fhall pay down to fuch Maſter, to whom the Boy is
fame in their bound, at the time of his binding, the Sum of fifty
Accounts.
No Juch Ap-
&c. till
Shillings, to provide neceffary Cloathing and Bedding
for Sea Service, for fuch Boy; and the Charges by
this Act appointed fhall be allowed to the faid Church-
wardens and Overfeers on their Accounts.
4. And be it further enacted by the Authority
prentice to be aforefaid, That no fuch Apprentice or Apprentices
impreſſed, fhall be compelled, or impreffed, or permitted or
fuffered to lift or enter him or themſelves into her
Years old. Majefty's Service at Sea, or into the Sea Service of her
Majeſty's Heirs or Succeffors, till fuch Apprentice or
Apprentices reſpectively arrive to the Age of eighteen
eighteen
Apprentices
to be ſent to
Years.
+
5. And be it further enacted, That the Church-
Indentures wardens and Overfeers of the Pariſh, out of which
the Collector any fuch Boy fhall be bound an Apprentice, fhall
at the Port fend the faid Indentures to the Collector of her Ma-
his Master jefty's Cuſtoms, refiding at or belonging to any Port
belongs.
whereunto
or Ports within the Kingdom of England, Dominion
of Wales, and Town of Berwick upon Tweed, where-
unto fuch Maſters or Owners of Ships or Veffels, to
whom ſuch Apprentice or Apprentices ſhall be bound,
Collector to do or may belong; who ſhall in a Book or Books to
be by him kept for that Purpoſe, fairly enter, from
time to time, all and every Indenture and Indentures,
whereby fuch Apprentice and Apprentices fhall be
bound, and which fhall be fo fent unto him, and
fhall make an Indorſement upon the faid Indentures
enter the
fame gratis,
&c.
of
[ 217 ]
of the Regiſtry thereof, fubfcribed by the faid Col-
lector, without taking any Fee or other Reward for
the fame: And every fuch Collector, neglecting or Penalty on
refuſing to enter fuch Indentures, and indorfe the Collector
neglecting.
fame, or making falſe Entries, fhall forfeit the Sum of
five Pounds for the Ufe of the Poor of the Pariſh, from
whence fuch Boy was bound Apprentice: And all and
every fuch Collector or Collectors, or his or their law-
ful Deputy or Deputies, of the faid feveral and refpec-
tive Ports, fhall from Time to Time tranfmit Certi- Collector to
ficates in Writing, under his or their Hands, to the tranfmit
Certificates
Lord High Admiral of England, or to the Commiffi- to Lord Ad-
oners of the Admiralty for the Time being, contain- miral.
ing the Names and Ages of every fuch Apprentice
reſpectively, and to what Ship he belongs; and upon Lord Admi-
Receipt of fuch Certificates, Protections fhall, from ral to grant
Time to Time, be made and given for fuch Appren- for fuch Ap-
tices, 'till they attain their ſeveral and reſpective Ages prentices
of eighteen Years, without any Fee or Reward to be gratis.
taken for the fame; which Certificates, fo as afore-
faid to be given, are not required to be writ upon
ftampt Paper or Parchment.
h
Protections
6. And be it further enacted by the Authority 43 El. C. 2.
aforefaid, That all and every Perfon and Perfons, to
whom any poor Pariſh Boy hath been, or hereafter
ſhall be put Apprentice, according to the Statute
made in the forty-third Year of the Reign of Queen
Elizabeth, may, with the Conſent and Approbation
of Two or more Juftices of the Peace of the ſame
County, and dwelling in or near the fame Pariſh where
Ff
fuch
[218]
1
prentices
the Sea Ser-
vice.
fuch poor Boy was bound Apprentice, or by and with
the Conſent and Approbation of any Mayor, Alder-
man, Bailiff, or other Chief Officer or Magiftrate of
poor
any City, Borough, or Town Corporate, where fuch
Parish Boys poor Boy was bound Apprentice, at the Requeſt of
bound Ap- the Mafter or Miſtreſs, then living, of fuch Appren-
may be turn- tices, or his or their Executors, Adminiftrators, or
ed over to Affigns, by Indenture, affign and turn over fuch
Boy Apprentice to any Maſter or Owner of any fuch
See 4 Ann. Ship or Veffel, ufing the Sea Service, as aforeſaid, for
C.19. S.16. and during the then remaining Time of his Apprentice-
ſhip; which Affignment or Affignments of fuch Ap-
prentices, fo as aforefaid, fhall be, and are hereby
Indentures declared to be good and effectual in the Law: All
of Align which Indentures of Affignment are hereby directed to
ment to be
regiftred. be regiſtered, and Certificates thereof given and
tranfmitted by fuch Collector, at the faid feveral
Ports where fuch Parish Apprentices fhall be fo affign-
ed over, and bound to the Sea Service, in Manner
and Form aforefaid; and upon Receipt of fuch Cer-
tificates, Protections fhall, from Time to Time, be
made and given for fuch Apprentice (fo to be affigned
over as aforefaid) 'till they ſhall attain their feveral and
reſpective Ages of eighteen Years, without Fee or Re-
ward for the fame, in like Manner as aforefaid.
All fuch Ap- 7. And be it further enacted by the Authority
prentices aforefaid, That all and fingular fuch poor Boys as are
till eighteen
Years old herein before mentioned, or intended by this preſent
exempted
Act to be bound and put out, and fuch as fhall be
from the
affigned over to the Sea Service, as aforefaid, during
6 d. per
their
[219]
Green-
II. C. 7.
their ſeveral and reſpective Apprenticeſhips, 'till fuch Month to
Time as they ſhall attain their ſeveral and reſpective wich Hofpi-
Ages of eighteen Years, fhall be, and are hereby de- tal.
clared to be exempted, freed, and diſcharged of and See 2 Geo.
from Payment of Six-pence per Month towards the
& C. 36.
better ſupporting of Greenwich Hofpital, the Act of
Parliament made in the feventh and eighth Years of 7 & 8 W.
the Reign of the late King William the Third (of III. C. 21.
glorious Memory) intituled, An Act for the Increaſe
and Encouragement of Seamen, or any Clauſe in the
fame Act contained to the contrary hereof in any
wiſe notwithſtanding. `
8. And for the better providing fuch Apprentices Masters of
with Mafters for the faid Service: Be it further en-
Ships, &c.
obliged to
acted by the Authority aforefaid, That all and every take fuch
of her Majefty's Subjects being Mafters or Owners of Apprentices.
any Ship or Ships, Veffel or Veffels, ufed in the Sea
Service as aforefaid, of the Burthen of thirty Tun to
the Burthen of fifty Tun, be obliged to take one
fuch Apprentice, and one more for the next fifty Tun,
and one more for each and every Hundred Tun, fuch
Ship or Veffel fhall exceed the Burthen of one Hun- By 4 Ann.
dred Tun: And fuch Mafter or Owner of any Ship or C. 19. S.
Veffel, refufing to take fuch Apprentice or Appren-ſter ſhall be
tices, as aforefaid, fhall forfeit the Sum of ten Pounds bound to
for the Ufe of the Poor of the Parish from whence
take a Boy
fuch Boy was bound Apprentice.
Ff 2
16. No Ma-
under thir-
teen Years
of Age, &c.
9. And
[220]
}
And to give
an Account
of their
9. And be it further enacted, That every Mafter
or Owner of fuch Ship or Ships, Veffel or Veffels, fo.
Names, &c. obliged to take fuch Apprentice or Apprentices, af-
ter his Arrival into any Port or Ports aforefaid,. and
before he clears out of fuch Port, fhall give am Account
in Writing, under his Hand, to the Collector of fuch
Port to which he belongs, containing the Names and
Number of fuch Apprentices as are then remaining in
his Service.
Boys on
Officer to 14. And be it further enacted, That every Cu-
infert on the ftom - houfe Officer or Officers, at each and every of
Cocquet the
Number of the Ports aforefaid, fhall infert, and are hereby re-
Men and quired, from Time to Time, to infert at the Bottom
board, &c. of their Cocquets, the Number of Men and Boys on
board the reſpective Ships or Veffels, at their going
out of every fuch Port, therein particularly deſcribing
the Apprentices by their respective Names, Ages, and
the Dates of their feveral Indentures, for which no
Fee or Reward fhall be taken,
Perfons vo-
luntarily
binding
to Sea Ser-
15. And for the Encouragement of fuch as have
or ſhall voluntarily bind themſelves Apprentices to the
themfelves Sea Service: Be it further enacted by the Authority
Apprentices aforefaid, That all and every fuch. Perfon and Per-
fons, who have or fhall fo voluntarily and of his or
be impreſſed their own Accord, bind or put him or themſelves
for three
Apprentice to any fuch Mafters or Owners of any
Ship or Veffel, as aforefaid, fhall not be compelled or
impreſt into her Majefty's Sea Service, or the Sea Ser-
vice, not to
Years.
vice
[ 221 ]
by 4 Ann.
vice of her Majefty's Heirs or Succeffors, for and Explained
during the Term of three Years, to be accounted C. 19.S.17.
from the Dates of the reſpective Indentures of fuch
voluntary Apprentice or Apprentices; all which In- Indentures
dentures are hereby directed to be regiſtered, and Cer- to be regi
Stred, and
tificates thereof given and tranſmitted by fuch Collec- Certificates
tor at the ſaid ſeveral Ports, where fuch Apprentices tranfmitted,
already have become ſo bound, or that hereafter ſhall
fo bind themſelves, in Manner and Form as aforefaid; ons to be
upon Receipt of which faid ſeveral Certificates, Pro-granted for
the faid
tections fhall from Time to Time, be made and given three Years.
for the faid firft three Years of their ſeveral refpective
Apprenticeſhips, without either Fee or Reward for the
fame..
1
and there up-
on Protecti-
Shall be im
17: And whereas Owners and Mafters of Merchant
Ships are at great Charge in educating and bringing up
the Parish Children, 'till they come to the Age of eigh-
teen Years, and other voluntary Apprentices three
Years, at which Time they are capable to ferve in her
Majefty's Ships of War: Be it enacted by the Autho- When fuch
rity aforefaid, When fuch Apprentices fhall be im- Apprentices
preffed, or voluntarily enter themſelves into her Ma-preſſed, Ma
jeſty's Service, the ſaid Owners or Maſters of fuch Ap-ters to have
prentices, their Executors, Adminiſtrators, or Affigns, men's Wa-
fhall be intitled to able Seamen's Wages for fuch of ges for them,
their Apprentices, as fhall upon due Examination be
found qualified for the fame, notwithſtanding their
Indentures of Apprenticeſhip.
}
19. And
able Sea-
[222]
III. C. 21.
19. And whereas upon the Act of Parliament, be-
7 & 8 W. fore mentioned, made in the Seventh and eighth Years
of the Reign of the faid late King William the Third,
intituled, An Act for the Increaſe and Encourage-
ment of Seamen, as alfo upon the Act of Parliament
8 & 9 W. made in the eighth and ninth Years of the Reign of the
III. C. 23. faid late King William the Third, intituled, An A&
to inforce the Act for Encouragement of Seamen, ſe-
veral Doubts have arofe whether any difabled Seamen,
their Children, or the Widows and Children of Seamen
flain, killed, or drowned in Sea Service, other than
Such as are exprefly qualified by the faid laft mentioned
Acts, may be admitted and provided for in Greenwich
Hoſpital, when any Vacancies happen therein: Be it
therefore enacted, for Encouragment of all Perſons
who do or fhall ferve at Sea, That at any Time here-
after, when any fuch Vacancy or Vacancies fhall hap-
Lord Ad- pen in the faid Hoſpital, That the Lord High Admi-
miral to ap- ral of England, or Commiffioners executing the Office
difabled Sea of Lord High Admiral of England for the Time be-
men, their ing, fhall have full Power and Authority, and is and
are hereby impowered and authorized, from Time to
&c. to be Time, to nominate and appoint any diſabled Seamen,
maintained their Wives and Children, and the Widows and Chil-
wich Hofpi- dren of Seamen flain, killed, or drowned in Sea Ser-
point any
Wives and
Children,
in Green-
tal.
vice, to be maintained and provided for in the faid
Hoſpital, as the faid Lord High Admiral, or Com-
miffioners executing the Office of Lord High Admi-
ral, fhall think fit or fee Occafion; any Thing in the
faid two feveral Acts of Parliament laft mentioned,
or
[223]
or in the Letters Patents in the ſaid Acts mentioned,
contained to the contrary hereof in any wife notwith-
ftanding.
Anno 4to Annæ Cap. 7.
An Act for making the Town of New Rofs,
in the County of Wexford in the King-
dom of Ireland, a Port for the exporting
Wool from Ireland into this Kingdom.
WHEREAS by an Act paſſed in this Kingdom
C. 10.
in the tenth and eleventh Years of the Reign of 10 & II
of his late Majefty King William the Third, intituled, W. III.
An Act to prevent the Exportation of Wool out of the
Kingdoms of Ireland and England, into foreign Parts,
and for the Encouragement of the Woolen Manufac-
tures in the Kingdom of England, It is, amongst
other Things, enacted, That all the Wool and the Ma-
nufactures thereof in the ſaid A&t particularly fpecified,
as fhould from Time to Time be exported from the faid
Kingdom of Ireland, into the Ports of this Kingdom or
Dominion of Wales, ſhould be ſhipped off and entred at
the Ports of Dublin, Waterford, Youghall, Kingſale,
Cork, and Drogheda in the ſaid Kingdom of Ireland,
and at or from no other Port or Place within the faid
Kingdom, under great Penalties to every Offender
against the faid Act: And whereas the Town of New
Roſs
[224]
Rofs in the County of Wexford in the faid Kingdom of
Ireland, is in the fame Harbour with the Port of the
City of Waterford, and before the paffing of the faid
Act hath always had Liberty to export the faid Com-
modities directly into this Kingdom; But the faid Town
not being particularly named in the faid Act, fome
Doubt hath arifen whether the faid Commodities may
be exported thence: Therefore to prevent all Doubt for
the Future concerning the fame, Be it enacted by the
Queen's moſt Excellent Majefty, by and with the Ad-
vice and Confent of the Lords Spiritual and Tempo-
ral, and Commons in Parliament affembled, and by
Town of the Authority of the fame, That at all Times from
New Rofs and after the four and twentieth Day of June, one
for export- Thouſand ſeven Hundred and Six, It ſhall and may
ing Wool
be lawful to and for all and every Perſon and Perfons
from Ire-
land.
whomſoever, to fhip off, enter and export from the
faid Town of New-Rofs, all the faid Commodities in
the faid recited A&t particularly mentioned, and to
import the fame into any of the Ports of Biddeford,
Barnstable, Minehead, Bridgewater, Briftol, Milford
Haven, Chefer and Liverpoole, in the fame Manner,
as if the faid Town of Rofs had been particularly
named for Exportation of the faid Commodities in the
faid former Act; any Law or Statute to the contra-
ry thereof in any wife notwithſtanding.
made a Port
រ
Anno
[ 225 ]
Anno 4to Annæ Cap. 16.
An Act for the Amendment of the Law,
and the better Advancement of Justice.
AND
it
S. 17.
ND be it further enacted by the Autho- Suits in the
Admiralty
rity aforesaid, That all Suits and Acti-
for Seamen's
ons in the Court of Admiralty for Seamen's Wages, Wages fhall
which fhall become due after the faid firſt Day of be commenc-
ed within fix
Trinity Term, fhall be commenced and fued within
Years.
fix Years next after the Caufe of fuch Suits or Acti- A.D.1706.
ons fhall accrue, and not after.
Cafe of
compos,
S. 18. Provided nevertheleſs, and be it further en-Provifo in
acted, That if any Perfon or Perfons, who is or fhall Non-age,
be entitled to any fuch Suit or Action for Seamen's feme co-
Wages, be or fhall be, at the Time of any fuch Caufe vert, non
of Suit or Action accrued, fallen or come, within the &c.
Age of twenty-one Years, feme covert, non compos
mentis, impriſoned, or beyond the Seas, that then
fuch Perſon or Perſons ſhall be at Liberty to bring the
fame Actions, ſo as they take the fame within fix
Years next after their coming to, or being of full Age,
difcovert, of fane Memory, at large, and returned
from beyond the Seas.
againſt again Per-
S. 19. And be it further enacted by the Authority Action
aforefaid, That if any Perfon or Perfons,
whom there is or ſhall be any fuch Caufe of
G
مه
fons beyond
Suit or Sea may be
Action brought af
[226]
ter their
Return.
Action for Seamen's Wages, or againſt whom there
ſhall be any Cauſe of Action of Trefpafs, detinue, Ac-
tions fur trover, or replevin for taking away any
Goods or Cattle, or of Action of Account, or upon
the Cafe, or of Debt grounded upon any Lending or
Contract without Specialty, of Debt for Arrearages of
Rent, or Affault, Menace, Battery, Wounding, and
Impriſonment, or any of them, be or fhall be, at the
Time of any ſuch Cauſe of Suit or Action given or
accrued, fallen, or come beyond the Seas, That then
fuch Perfon or Perfons, who is or fhall be entitled to
any fuch Suit or Action, ſhall be at Liberty to bring
the faid Actions againſt fuch Perfon and Perfons, af-
Provifo. ter their Return from beyond the Seas, fo as they take
the fame after their Return from beyond the Seas,
within fuch Times as are reſpectively limited for the
bringing of the faid Actions before by this Act, and
by the ſaid other Act made in the one and twentieth
Year of the Reign of King James the Firſt.
21 Ja. I.
C. 16.
Will, and
intitled to
Probates of 26. And whereas great Trouble and Expence is fre-
Adminiftra- quently occafioned to the Widows and Orphans of Per-
tion to Per- fons dying inteftate to Monies or Wages due for Work
fons dying done in her Majesty's Yards and Docks, by Difputes
Wages in happening about the Authority of granting Probate of
the King's the Wills, and Letters of Adminiftration of the Goods
and Chattels of fuch Perfons, and for preventing fuch
unneceffary Trouble and Expence: Be it therefore en-
acted by the Authority aforefaid, That the Power of
granting Probates of the Wills, and Letters of Admi-
niſtration of the Goods and Chattels of fuch Perfon and
Yards and
Docks.
Perfons
[227]
due not to be
Perſons reſpectively is, and is hereby declared to be
in the Ordinary of the Dioceſe, or fuch other Perfons,
to whom the ordinary Power of Probate of Wills, or
granting Letters of Adminiſtration do belong, where
fuch Perfon and Perſons ſhall reſpectively die; and The Wages
that the Salary, Wages or Pay due to fuch Perfon or deemed bo-
Perfons from the Queen's Majefty, her Heirs or Suc- na nota-
ceffors, for Work done in any of the Yards or Docks, bilia.
ſhall not be taken or deemed to be bona notabilia,
whereby to found the Jurifdiction of the prerogative
Court.
}
Anno 4to Annæ Cap. 19.
An Act for the Encouragement and Increaſe
of Seamen, and for the better and Spee-
dier manning her Majefty's Fleet.
IO.
one Ship to
&c. ſhall be
paid.
AND for the Encouragement of all Seamen How Sea-
who are or fhall be in her Majesty's Service at men turned
Sea, It is hereby declared and enacted by the Autho- over from
rity aforefaid, That every Seaman who from and after another,
the five and twentieth Day of March, one Thouſand
feven Hundred and Six, fhall be turned over from
one Ship to another in her Majeſty's Service, or turned
aſhore, as not being fit for her Majefty's Service, fhall
be paid his Wages which fhall appear to be due to
him in the Ship from which he was turned over, be-
fore fuch Ship to which he ſhall be turned over do go
Gg 2
^
to
[228]
2 & 3 Ann.
C. 6.
to Sea, either in Money or by a Ticket, which ſhall
intitle him or his Affigns to Payment within one
Month after the faid Ticket fhall be prefented to the
Commiffioners of the Navy at their Office..
16. And whereas by an Act made in the fecond
Year of her Majesty's Reign, intituled, An Act for the
Encreaſe of Seamen, and better Encouragement of
Navigation, and the Security of the Coal Trade, Pro-
vifion is made for putting out of Parish Children Ap-
prentices to Maſters of trading Ships and Veffels at the
No Mafter Age of ten Years: It is hereby enacted, That no fuch
Mafter ſhall be obliged to take any fuch Apprentice un-
obliged to
take Appren- der the Age of thirteen Years, or who ſhall not appear to
tice under be fitly qualified both as to Health and Strength of
Years old, Body for that Service; and any Widow of the Mafter
of Ships
thirteen
&c..
of fuch Ship or Veffel, or the Executor or Admini-
ftator of fuch Mafter, who ſhall have been obliged to
take ſuch Pariſh Boys Apprentice to them, ſhall have
the fame Power of affigning over fuch Apprentices to
any other Maſters of Ships or Veffels who have not
their Complement of Apprentices required by the faid
recited Act, to be entertained by them, as is given
by the faid Act to fuch Perfons as have taken Children
Apprentices, in Purfuance of the Statute made in the.
43 El. C. 2. forty-third Year of Queen Elizabeth.
17. And whereas all fuch Perfons who in Purfuance·
of the faid Act, have voluntarily bound, or hereafter
fball fo bind themſelves Apprentices to fuch Mafters or
Owners, as therein is expreffed, are exempted from her
Majefty's
[229]
Majesty's Service for the Term of three Years, from the
Date of their respective Indentures: And whereas
Such Exemptions from her Majesty's Sea Service for
the Term of three Years, which was intended for the
Encouragement of Land Men to bind themſelves
Apprentices to the Sea Service, hath been manifeftly
abuſed for the exempting aud protecting of Seamen
from the faid Service, who having bound themfelves
Apprentices, have claimed fuch Exemption, and de-
manded Protections accordingly, to the great Hin-
·drance and Prejudice of her Majesty's Sea Service;
Be it therefore further enacted and declared, That no No Appren-
Perſon or Perſons of the Age of eighteen Years, fhall tices binding
themſelves
have any Exemption or Protection from her Majeſty's to Sea Ser-
Sea Service, who fhall have been in any Sea Service vice of eigh-
before the Time they bound themſelves Apprentices;
any Law or Statute to the Contrary thereof in any the Queen's
wife notwithſtanding.
teen Years,
› exempt from
Service at
Sea, who
have before
any Sea Ser-
& M. C.
18. And whereas by an Act of Parliament made their Bind-
in the Second Year of the Reign of King Philip and ing been in
Queen Mary, intituled, An Act touching Watermen vice.
and Bargemen upon the River of Thames, It was enx 2 & 3 Ph..
acted, That if any Perfon or Perfons, which from and 16. S..8..
after the Time therein mentioned, ſhould use and exer-
cife the Occupation of Rowing betwixt Gravefend and
Windfor, which in the Time of the Execution of any
Commiffion of Preffing, that should be had for the Ser-
vice of the King and Queen's Majefty in their Affairs,
fbould willingly, voluntarily, and obftinately withdraw,
hide, or convey him or themſelves in the fame Time of
Preffing,
[230]
11 & 12
21.
Preffing, into fecret Places and Out-Corners, and af-
ter, when fuch Time of Preffing is overpaffed, fhould
return and come again to the River of Thames, to
row betwixt Gravefend and Windfor aforefaid, and
that duly proved by Two indifferent Witneſſes before
the Lord Mayor, and Court of Aldermen, or Juftices
of Peace, and Two of the Rulers of the Company of
Watermen, That then he or they fo doing and offend-
ing, fhould fuffer Impriſonment for the Space of two
Weeks, and be banished any more to row from thence-
forth upon the faid River of Thames, by the Space of
one whole Year and a Day then next following: And
whereas by an Act made in the eleventh Year of his late
Majefty, King William the Third, intituled, An Act
W. III. C. for Explanation and better Execution of former Acts
made touching Watermen and Wherrymen rowing on
the River of Thames, and for the better ordering and go-
verning the faid Watermen, Wherrymen,and Lightermen,
upon the ſaid River, between Gravefend and Windſor,
Perfons who keep or work, or ſhall be imployed in row-
ing or navigating any Lighter or Lighters, or other
great Craft (except, as in the faid Al is excepted) fhall
be registered in the Company of Watermen:
whereas in this Time of War, divers Watermen,
Bargemen, Lightermen and Wherrymen, belonging to
the faid River, do abfcond and not enter themselves in-
to her Majesty's Service; and it being highly Neceffary
that a convenient Number of fuch Watermen, Barge-
men, Lightermen and Wherrymen, fhould from Time
to Time be obliged to ferve on board her Majefty's Fleet;
Be it enacted by the Authority aforefaid, That in cafe
Watermen,
And
fuch
[231]
board the
fuch a Number of them as the Lord High Admiral, &c. Sum-
or any three or more of the Commiffioners for execut- Rulers of the
moned by the
ing the Office of Lord High Admiral of England for Company to
the Time being, ſhall from Time to Time give No-Serve on
tice to the faid Company of Watermen, there fhall be Fleet, and
Occafion for to ſerve her Majeſty, her Heirs and Suc- not appear-
ceffors, (being duly fummoned by leaving Notice in ing, to be
imprisoned
Writing at the Place of their ufual Abode by the Com-for a
pany) within ten Days after fuch Summons, ſhall not diſabled for
Month, and
appear before the Rulers of the ſaid Watermen's Com- two Years,
pany, to be fent on board her Majefty's Fleet, fuch &c.
Perfon or Perfons fo fummoned, and being duly con-
victed before the Lord Mayor and Court of Alder-
men of the City of London, or two Juftices of the
Peace for the faid City, and two of the faid Rulers,
that then he or they fo doing and offending ſhall ſuf-
fer Impriſonment during the Space of one Month, and
be diſabled from rowing or working upon the faid Ri-
ver of Thames, and of enjoying any the Advantages or
Privileges of the faid Company for the Space of two
Years.
Anno
[232]
Anno 6to Annæ Cap. 22.
An Act for continuing feveral Duties there-
in mentioned, upon Coffee, Chocolate,
Spices, Pictures and Muflins, and addi-
tional Duties upon feveral of the faid
Commodities, and certain Duties upon
Callicoes, China - Wares and Drugs;
and for continuing the Duties called the
two third Subfidies of Tonnage and Pound-
age, for preferving the publick Credit ;
and for afcertaining the Duties of Coals
exported for foreign Parts; and for fe-
curing the Credit of the Bank of England;
and for paffing feveral Accounts of Taxes
raifed in the County of Monmouth; and
for promoting the Confumption of fuch
Tobacco as ſhall have paid her Majesty's
Duties.
I 2.
AND for promoting the Confumption of Tobacco
of the Growth of her Majefty's Plantations
in America, the Increase of her Majefty's Revenue, and
for the better Encouragement of the faid Britiſh Plan-
No Tobacco tations, Be it enacted by the Authority aforefaid, That
from and after the twenty-ninth Day of September,
of the
Growth of
in
[233]
in the Year of cur Lord One Thoufand Seven Hun- Europe, to
any Ships of
dred and Eight, it ſhall not be lawful for any Com- be fold in
mander of any of her Majefty's Ships of War, or War.
Purfer thereof, to fell, deliver, or caufe to be fold
or delivered to any of her Majeſty's Seamen or Mari-
ners on Board of fuch Ship, any Tobacco of the
Growth of Europe, nor any Tobacco mixt with To-
bacco of the faid Growth.
Britiſh
13. And for the better Employment of the Poor of But only To-
this Kingdom, Be it likewife enacted, That all Tobacco of the
bacco to be uſed or confumed on Board any of her Plantations.
Majeſty's Ships of War in any Part of Europe, from
and after the ſaid twenty-ninth Day of September,
ſhall be ſuch as is of the Growth of the faid British
Plantations which hath paid her Majefty the full
Duties, and been manufactured in Great-Britain;
upon Pain that every fuch Commander or Purfer who Penalties on
ſhall knowingly and wilfully offend herein fhall for- Offenders.
feit their reſpective Places and Employments, and &c. to lofe
three Shillings for every Pound Weight of Tobacco, his Place,
and fo in Proportion for every greater or leffer Quan- and pay 3 s.
tity fo fold and delivered; one Moiety thereof to the forevery
Queen's Majefty, and the other Moiety to the Inform- Weight.
er who fhall fue for the fame by Action or In-
formation in any of her Majefty's Courts of Record at
Westminster, wherein no Effoign, Protection or Wa-
ger of Law, fhall be allowed, and no more than
one Imparlance.
Commander,
Pound
Hh
Anno
[234]
}
Watermen
belonging to
Infurance-
Sing.
Anno 6to Annæ Cap. 31.
An Act for the better preventing Miſchiefs
that may happen by Fire.
2.
AND whereas the Several Infurance-Offices
for infuring Houfes against Lofs by Fire,
Offices free retain in their feveral Services, and give Coats and
from impref- Badges unto Watermen, for Service and Affiftance in
extinguishing of Fires, who are always ready at a Call,
and are provided with various Sorts of Poles, Hooks,
Hatchets, and feveral other Inftruments and Things
at the Charge of the faid refpective Infurance-Offices
for the extinguishing of Fires; which Watermen by
Cuftom and Skill venture much further, and give
greater Help than any other Perfons not uſed to come
into Danger: And whereas it hath been found by fre-
quent Experience, that fuch Watermen are of great
Ufe and Service whenever any Fire happens; Be it
therefore enacted by the Authority aforefaid, That
the Watermen for the Time being, belonging to
each Infurance-Office, within the Cities of London
and Westminster, and Limits thereof, not exceeding
Not exceed thirty for each Office, fhall be free from being im-
each Office. preffed, or liable to be compelled to go to Sea, or
ferve as Mariners, or as Soldiers at Land, their Names
Their Names and Places of Abode being regiftred and entred with
being regif the Secretary or other Officer of the Admiralty
Admiralty Office.
tred in the
Office.
Anno
[ 235 ]
Anno 9¹º Annæ Cap. 21.
An Act for making good Deficiencies, and
Satisfying the Publick Debts; and for
erecting a Corporation to carry on a
Trade to the South-Seas; and for the
Encouragement of the Fishery; and for
Liberty to trade in unwrought Iron with
the Subjects of Spain; and to repeal the
Acts for regiftring Seamen.
46. AND whereas it is of the greatest Confe-
quence to the Honour and Welfare of this
Kingdom, and for the Increase of the Strength and
Riches thereof, and for the vending the Product and
Manufacture, Goods and Merchandizes of or brought
into this Kingdom, and Employment of the Poor, that
a Trade ſhould be carried on to the South-Seas, and
other Parts in America, within the Limits herein
after-mentioned; which cannot fo fecurely and fuccefs-
fully be begun and carried on, as by a Corporation
with a Joint-Stock, exclufive of all others: Now for
the better Encouragement of all and every the Per-
fon and Perfons, Bodies Politick or Corporate, who
Shall be or become Members of the faid Company or
Corporation, to be erected as aforefaid; and to the
End and Intent that a Trade to the South-Seas, and
other Parts of America within the Limits herein af-
ter-mentioned
Hh 2
[ 236 ]
ny vested
ter-mentioned, may be carried on and promoted, for
the Advantage and Honour of this Kingdom; Be it
The South-enacted by the Authority aforefaid, That the Corpo-
Sea Comparation to be erected in purſuance of this Act, and
with the fole their Succeffors, fhall have and be intitled unto, and
they are hereby intitled unto and vefted from the
within the firſt Day of Auguft, One Thouſand Seven Hundred
Limits de- and Eleven, for ever, in the fole Trade and Traffick
ſcribed in
this Section, into, unto, and from all the Kingdoms, Lands,
Trade to
America
Countries, Territories, Iflands, Cities, Towns, Ports,
Havens, Creeks and Places of America, on the Eaft
Side thereof, from the River of Aranoca, to the
Southermoft Part of the Terra del Fuego; and on
the Weft Side thereof, from the faid Southermoft
Part of the faid Terra del Fuego, through the
South-Seas, to the Northermoft Part of America ;
and into, unto, and from all Countries, Iflands, and
Places within the faid Limits, which are reputed to
belong to the Crown of Spain, or which fhall here-
after be found out or difcovered within the faid Li-
mits, not exceeding three hundred Leagues from the
Continent of America, between the Southermoft
Part of Terra del Fuego, and the Northermoft Part
of America, on the faid Weſt Side thereof, (except
the Kingdom of Brazil, and fuch other Places on
the faid Eaſt Side of America, as are now in the ac-
tual Poffeffion of the Crown of Portugal, and the
Country of Surinam in the. Poffeffion of the States
General of the United Provinces ;) it, not being in-
tended that the fole Trade to any Part of the Eaſt
Side of America, now in the actual Poffeffion of the
Crown.
[237]
Crown of Portugal, or the States General, fhall be
granted or conftrued to be granted by this A&t;
but that it may be and remain lawful for all and
every or any the Subjects of her Majeſty, her Heirs,
or Succeffors, to trade and traffick to any Part on
the Eaſt Side of America, now in the actual Pof-
feflion of the Crown of Portugal, or the States Ge-
neral, (but to no other Part of America within the
Limits aforefaid) as fully and freely in all Reſpects,
as they might or could do if this Act had not been
made; any Claufe, Provifo, Power, Privilege, Mat-
ter or Thing, herein contained to the contrary there-
of in any wife notwithſtanding.
take wholly
Act, to their own
enjoy, Ufe all Ships
Mem- taken there
as Prize.
51. And be it further enacted, That the faid Company to
Company to be erected in Purſuance of this
fhall and may have, hold, receive, take, and
to their own Ufe, and for the Benefit of the
bers of fuch Company, in Proportion to their Stock,
all and every fuch Ships or Veffels, and all their
Guns, Ammunition, Tackle, Apparel, and Furniture,
and all fuch Goods, Merchandize, and Bullion,
Treaſure and other Things, which ſhall be taken as
Prize by the Ships, Factors, Agents or Servants, of or
belonging to, or employed or licenſed by the faid
Company, within the Limits aforefaid, or by fuch
of the Ships of her Majefty, her Heirs, or Succeffors,
as fhe or they fhall think fit to grant or allow for
Convoys, or otherwiſe, for the Defence, Security, or
carrying on the faid Trade, without any Account
to be rendred thereof to her Majefty, her Heirs or
Succeffors
[238]
of the
Queen's
ter ſhall ap-
point.
Company
Succeffors, or any other Perfon or Perfons whatſoever;
But Officers fave only that the Officers and Seamen, who ſhall be
and Seamen actually on Board any of the faid Ships of her
Majefty, her Heirs or Succeffors, which fhall take, or
Ships aflift- be affifting to the taking any fuch Ships or Veffels,
ing, to be
rewarded Goods or Merchandizes, as Prize, fhall have, and
thereout, as be entitled to fuch Part and Share thereof, as her
She by Char-
Majefty, her Heirs or Succeffors, fhall think fit and
direct in and by the Charter of Incorporation to be
granted to the faid Company, and no other or
greater Part or Share whatſoever; any Thing herein
contained, or any Law, Ufage, or Cuftom to the
contrary thereof in any wife notwithſtanding: And
may feize by that it ſhall and may be lawful for the faid Compa-
Force of
me, Briny, and their Succeffors, and the Agents, Factors,
Arms,
Servants, and other Perfons to be employed or li-
trading in cenſed by them, to trade, as aforefaid, to feize, by
the South- Force of Arms, or otherwiſe, the Perfons, Ships,
Goods, Merchandize, or other Effects, of or belong-
ing to any of the Subjects of her Majefty, her Heirs
or Succeffors, who fhall haunt, frequent, traffick,
trade and adventure into the faid South-Seas, or other
the Parts or Limits aforefaid (except before excepted)
contrary to the true Meaning of this Act; and to
keep and detain to the Uſe and Ufes of the faid Com-
pany, and their Succeffors, for the Benefit of the
Members thereof, in Proportion to their Stock, the
Ships, Goods, Merchandize, and other Effects fo
feized, without any Account to be rendred thereof,
as aforefaid, and to bring or ſend into Great-Britain
the Perfons of fuch of the Subjects of her Majefty,
tiſh Ships
Seas.
her
[239]
her Heirs or Succeffors, as fhall be fo feized, in order
to their being profecuted for fuch Offence according
to Law.
1
Rules, inca-
52. And be it further enacted, That in cafe any Commanders
of the Commanders, or other Officers of fuch Ships of Queen's
Ships, &c.
of her Majefty, her Heirs or Succeffors, as fhall be not conform-
ufed or employed in or for the obtaining, promoting, ing to the
fecuring, or carrying on the faid Trade, fhall not in Company's
all Things lawful, during their being fo employed, pacitated,
conform themſelves to fuch Rules, Directions or In- &c.
ftructions, as they fhall receive from the Managers or
Directors of the faid Company, or the Major Part of
them, in writing under their Hands, every
every fuch
Commander and Officer fhall be for ever incapable
to ſerve her Majefty, her Heirs or Succeffors, in any
Office or Place of Truft or Profit, and fhall be liable
to anſwer and pay to the faid Company, and their
Succeffors, double the Value of all fuch Lofs or Da-
mage as the faid Company and their Succeffors fhall
fuffer or ſuſtain by the Breach of fuch Orders, Di-
rections or Inftructions, to be recovered with full
Cofts of Suit, in any Court of Record of her Majeſty,
her Heirs or Succeffors, in Manner aforefaid.
on
54. And forafmuch as the faid Trade does in a No Embar-
great Meaſure depend upon the timely Dispatch from South-Sea
Great-Britain of the Ships which shall be employed Company's
therein; Be it further enacted, That no Ship or Ships Ships, unless
particularly
which fhall belong to, or be hired, freighted, or mentioned.
employed by the faid Company to be erected, as
aforefaid,
[240]
aforefaid, or fuch Perfons as fhall be licenſed by them
to trade within the Limits aforefaid, fhall be, or be
liable to be ſtopped or detained by any Embargo, or
other Reſtraint whatſoever, unleſs fuch Ship or Ships
be particularly mentioned or named in fuch Embargo,.
or Order for Reftraint.
no
Anno 9¹º Annæ Cap. 26.
An Act for the better Prefervation and
Improvement of the Fishery within the
River of Thames, and for regulating
and governing the Company of Fishermen
of the faid River.
W HEREAS the Prefervation of the Fishery
of the River of Thames, and the good Govern-
ment of the Company of Fishermen of the faid River,
are not only highly necessary for furnishing her Ma-
jesty's Subjects inhabiting within the Cities of London
and Weſtminſter, and the Parts adjacent, with good,
wholfome, cheap, aud feafonable Fish, but likewife ad-
vantageous to her Majefty, and the Trade of this
Kingdom, in breeding up able-bodied Sea-faring Men,
and preventing Frauds committed in running of
Goods and Merchandizes, whereby the Revenues of the
Crown have been much leffened: Be it enacted by the
Queen's moſt excellent Majefty, by and with the
Advice
[241]
1
may make
of by the
and Alder-
Advice and Confent of the Lords Spiritual and Tem-
poral, and Commons in this preſent Parliament af
fembled, and by the Authority of the fame, That
from and after the tenth Day of June, one Thouſand
feven Hundred and Eleven, it ſhall and may be law-
ful to and for the Court of Affiftants of the faid Com- The Court
of Affiftants
pany, for the Time being, or the major Part of them of the Fish-
preſent, to make fuch By-Laws and Ordinances for ermen's
Company
the good Rule and Government of the faid Company,
as they ſhall think fit, fo as the fame be always first By-Laws to
be approved
approved of, or from Time to Time, altered or
amended by the Court of the Lord Mayor and Alder- Court of
men of the City of London, and likewiſe allowed and Lord Mayor
confirmed, according to the Form of the Statute in men of
that Behalf made and provided; and that from and London,
after the ſaid tenth Day of June, there ſhall be Year-
ly and every Year elected and chofen by the next who ſhall
Court of Lord Mayor and Aldermen, to be held after chufe Yearly
the ſaid tenth Day of June, out of the fix Wardens fix Wardens
of the faid Company for the Time being to be nomi- of the faid
nated by the faid Court of Affiftants, one fit Perſon to
Company, a
Master of
be a Maſter of the ſaid Art or Myſtery of Fiſhermen ; the Art of
and alſo out of twelve Affiftants to be nominated, as Fishermen;
aforefaid, fix fit Perfons to be Wardens of the faid the twelve
Art or Myſtery, (whereof the Water-Bailiff of the Ci- Affiftants,
Six
ty of London, for the Time being, fhall be One;) Wardens
and in like Manner out of Sixty of the Commonalty Bailiff of
to be nominated, as aforefaid, thirty fit Perſons to be London to
be one) and
Aſſiſtants of the ſaid Company; which faid Mafter, thirty Af-
Wardens, and Affiftants, or any Sixteen of them, to-fiftants out
gether with Three of the ſaid Wardens, fhall be, and of the Com-
I i
are
out of the
and out of
fix
(the Water-
monalty.
[242]
The Ma-
fter, &c.
Aliftants,
day in eve-
Filbermen
are hereby conſtituted the Court of Affiftants of the
constituted faid Company, for the Time being, and fhall meet
the Court of and affemble together, from Time to Time, on the
firft Thurſday in every Kalendar Month in the Year,
who ſhall
meet the in the Hall of the faid Company, in order to form the
first Thurf- faid Court of Affiftants, and keep the fame for regu-
ry Month, lating and reforming Abuſes committed in the faid
to regulate Fishery, and for the due Ordering and Governance of
Abuſes, &c. the ſaid Company; to the holding of which Court
the ſaid Water-Bailiff ſhall be always duly fummoned
They shall to attend; and the faid Court of Affiftants, or the
fummon the major Part of them prefent, fhall, from Time to
and caufe Time, call before them all and every fuch Perſon and
their Names Perfons as fhall uſe to fish or drudge within the Limits
to be regi- of the faid Fiſhery as
stered, &c.
common Fiſhermen or
Drudgermen, and cauſe every fuch Perfon and Perfons,
being duly qualified, or having ferved on board her
Majeſty's Navy for the Space of two Years, to have
his or their Name or Names entred and regiftred in a
Book or Books to be kept by the faid Court of Afſiſt-
ants for that Purpoſe, together with his or their re-
fpective Places of Abode, and the Name of every Ap-
prentice or Servant belonging to him or them, in
ufing the Trade of Fiſhing or Drudging within the
Shall caufe faid Limits; and fhall likewife caufe fome Mark of
Marks to be Diftinction, by Figure or otherwife, to be placed on
every Boat, Veffel, and Craft, which fhall, after the
faid tenth Day of June, be ufed in fiſhing or drudg-
ing within the Limits aforefaid; which faid Figure or
Mark of Diſtinction fhall not be changed, altered, or
defaced, to the End, that from Time to Time, and
put on every
Boat.
at
[243]
at all Times hereafter, every fuch Perfon and Perfons,
Apprentice and Servant, as fhall offend, contrary to
the Meaning of this Act may the better be detected,
and that her Majefty, her Heirs and Succeffors, may
the better be enabled to know what Number of able-
bodied Seamen the faid Company can furniſh for
publick Service; and that every Perſon and Perſons Every Per-
being duly fummoned by the Direction of the ſaid ſon fum-
Court of Affiftants, to be and appear before them, in and refufing
Order to be entred and ferve on board her Majeſty's to appear,
Navy, who fhall, without lawful Caufe, refufe or be entred
neglect to appear, according to the Tenor of fuch and ferve on
Summons, fhall be fent on board her Majefty's Navy, Navy, Shall
and be difabled from fifhing on the faid River
Thames for the Space of two Years.
Anno 10mo Annæ Cap. 17.
moned, &c.
in Order to
board the
of be fent on
An Act for the better collecting and recover-
ing the Duties granted for the Support of
the Royal Hofpital at Greenwich, and
for the further Benefit thereof; and for
the preferving her Majefty's Harbour-
Moorings.
WE
board, and
difabled to
fiſh for two
Years.
III. C. 21.
HEREAS by an Act made in the feventh 7 & 8 W.
Year of the Reign of his late Majefty King
William the Third, (intituled, An Act for the Increaſe
Ii 2
and
[244]
and Incouragement of Seamen ;) and also another
8 & 9 W. A&t made in the eighth Year of his faid late Majefty's
III. C. 23. Reign, (intituled, An Act to enforce the Act for the
per men-
Increaſe and Incouragement of Seamen,) there was
given for the better Support of the Royal Hofpital
founded at Greenwich by his faid late Majefty, a. Dur
ty of Six-pence per menfem, payable by all Seamen;
which Arts have not proved fufficient for the due col-
lecting the faid Duty: To the Intent therefore that the
Said Six-pence per menfem, may for the Future be
more effectually collected for the Ufes: aforefaid, Be it
enacted by the Queen's moft Excellent Majefty, by
and with the Advice and Confent of the Lords Spiri-
tual and Temporal;. and Commons in Parliament af
Six-pence fembled, and by the Authority of the fame, That eve-
fern ſhall be ry Seaman or other Perſon whatſoever that ſhall ferve
paid out of or be imployed by her Majeſty, her Heirs or Succef-
the Wages fors, or by any other Perfon or Perfons whatſoever, in
Seaman for any of her Majefty's Ships, or in any Ship or Veffel
the Support belonging or to belong to any of the Subjects of
of Green- Great-Britain or Ireland, or Dominions thereunto be-
wich Hofpir
sal, by the longing, and every Maſter or Owner navigating or
Mafter,&c. working in his own Ship or Veffel, whether imployed
See 2 Geo. upon the High Sea or Coafts of the fame, or in any
II. C. 7. Port, Bay, or Creek (other than fuch Apprentices,
2 Geo. II. under the Age of eighteen Years, as are exempted
C. 36.
from Payment of Six-pence per menfem by an A&
Exceptions made in the fecond Year of her prefent Majeſty's
2 & 3
Ann. C. 6. Reign, and fuch Perfon or Perfons as ſhall be imploy-
ed in any Boat upon any the Coafts of Great Britain
or Ireland in taking of Fiſh, which are brought freſh
of every:
S. 7.
on
1
[245]
on Shore into Great-Britain and Ireland, and every
Perſon and Perfons imployed in Boats or Veffels that
trade only from Place to Place within any River of
Great-Britain and Ireland, or in any open Boats up-
on the Coafts of the fame) fhall pay and there be al-
lowed and paid by every fuch Maſter, Owner, Sea-
man, or other Perfon imployed, or that fhall be im-
ployed, the faid Six-pence per menfem, or proportion-
ably for a leffer Time, during the Time he or
they ſhall be imployed in, or belong to the ſaid Ship
or Veffel, for the better Support of the faid Greenwich
Hoſpital, and to augment the Revenues thereof for the
Purpoſes herein mentioned..
may deduct·
>
2. And it is hereby declared, That the Mafter, The Ma-
Owner, or Commander of every Ship or Veffel, notters, &c.
in her Majeſty's Service, is hereby impowerd and re- the Same,
quired to deduct and detain, out of the Wages, Shares, out of Wa
or other Profits payable or accruing to fuch Seaman, ges, &c,
or other Perfon imployed in his Ship or Veffel, the
faid Duty of Six-pence per menfem, (other than for
fuch Apprentices and other Perfons as are before ex-
cepted;) and fhall pay the fame to fuch Officer or
Officers as fhall on that Behalf be appointed by the
Lord High Admiral of Great-Britain, or the Com-
miffioners for executing the Office of Lord High Ad-
miral of Great-Britain, for the Time being.
3. And be it further enacted, That for the better The Admi-
levying and collecting the faid Duties of Six-pence rally to ap-
per menfem, it shall and may be lawful for the Lord
point Re-
ceivers, who
1
}
High may depute
[246]
of the Cu-
Stoms, &c.
to receive
the Officers High Admiral, or for the Commiffioners executing the
Office of Lord High Admiral of Great-Britain for
the Time being, to appoint fuch Perfon or Perfons, as
the Duty, he or they fhall think fit, to be Receiver or Receivers
of the faid Duty, and alfo to authorize fuch Receiver
or Receivers to depute and appoint the Collectors or
other Officers of her Majefty's Cuftoms of the ſeveral
Out-Ports of this Kingdom, and of the Ports of the
Kingdom of Ireland, or fuch other as he or they ſhall
think fit to collect and receive the fame; and all the
faid Collectors and Officers of the Cuftoms, if fo ap-
pointed, are hereby required to collect and receive the
fame, according to fuch Inftructions and Directions as
ſhall be from Time to Time, fent to them in Writing
by the ſaid Receiver or Receivers; and for the Care
and Pains therein of the faid Collectors and other Of-
ficers of the Cuftoms, and others to be appointed to
collect and receive the faid Duty, it ſhall and may be
lawful for the Lord High Admiral, or Commiffioners
executing the Office of Lord High Admiral of Great-
Britain, for the Time being, to make fuch Allowance
to them out of the faid Duties as he or they fhall judge
reafonable.
Receivers
Maſters not
in the
Queen's
4. And be it further enacted by the Authority afore-
may fummon faid, That it fhall and may be lawful to and for the
faid Receiver and Receivers, his or their Deputy or
Deputies, for the Time being, for the better Diſcovery
of what ſhall be due from the Perfons ferving on board
them as to or belonging to any Merchant, or private Ship or Vef-
the Number fel aforefaid, by Warrant under his or their Hands, to
Service, &c.
and examine
of Seamen,
&c.
fummon
[247]
II. C. 7.
S.
fummon all fuch Maſters and Commanders, or (in
their Abſence) the Owner or Owners of fuch Ships and See 2 Geo.
Veſſels, not in her Majefty's Service, to be and appear s. 5.
at the Office of the faid Receiver or Receivers, his
or their reſpective Deputy or Deputies, (fo as the Per-
fon ſo fummoned be not obliged to travel above ten
Miles for the making fuch Appearance) which faid
Receiver or Receivers, his or their reſpective Deputy
or Deputies, are hereby impowered and directed to
examine every fuch Mafter and Commander, or
Owner or Owners, as to the Number and Times of Ser-
vice of all and every Perſon or Perfons belonging to
or imployed in fuch Ships or Veffels, who are liable
to, or chargeable with the ſaid Sum of Six-pence per ·
menfem; and if fuch Maſters or Commanders, or (in Masters,
their Abfence) the Owners, or any of them, fhall re- &c.refufing
fufe, when ſo ſummoned (not having a reaſonable Ex- or to an-
cufe) to appear before the ſaid reſpective Perſons here-fwer upon
by impowerd to examine them in Manner, as afore- Oath, Shall
forfeit 201.
faid, or if they fhall appear, and obftinately refuſe to one Half to
make full and true Difcovery of the Matters aforefaid, the Hospital,
upon their ſeveral Oaths, (which Oaths the ſaid Re- the Profe-
ceiver or Receivers, their Deputy or Deputies, are cutor.
hereby impowered to adminifter) or fhall neglect to
pay the Monies which ſhall be due to the faid Hofpi- S. 7.
tal, within fourteen Days after they fhall be cleared
inwards by the Officers of her Majeſty's Cuſtoms,
that then, and in every fuch Cafe, all and every ſuch
Offender or Offenders, for every fuch Refuſal or
Neglect, ſhall forfeit the Sum of twenty Pounds; one
Moiety whereof shall be to the Ufe of the aforefaid.
to appear,
the other to
Hoſpital
See 2 Geo.
II. C. 7
-
[248]
Hofpital, and the other Moiety to fuch Perfon or
Perfons as fhall fue for the fame, by Action of Debt,
Bill, Plaint or Information, in any of her Majefty's
Gourts of Record, wherein no Effoign, Wager of
Law, or Protection fhall be allowed; and if a Verdict
fhall paſs for the Plaintiff in any fuch Action, Bill,
Plaint, or Information, then fuch Plaintiff fhall have
Mafter at- and be allowed double Cofts; and if any fuch Ma-
tempting to fter or Commander fhall attempt to go to Sea with his
fore the Du- faid Ship or Veffel before he hath duly accounted with
ty paid for and paid the faid Receiver or Receivers the faid Duty
the preceed for the Voyage preceding, then and in fuch Cafe fuch
ing Voyage,
Receivers Receiver or Receivers, or their Deputies are hereby
may stop the impowered to ftop fuch Ship or Veffel from proceed-
go to Sea be-
Ship.
ing to Sea, 'till the ſaid Duty be paid; and upon the
Death or Removal of any Maſter or Commander of
any Ship or Veffel, the Owner or Owners fhall deliver
to the fucceeding Mafter a true Account of the ſaid
Duty due to the ſaid Hoſpital, as aforefaid, and Mo-
ney fufficient for the Payment of the fame to the Re-
ceivers thereof, and in Default thereof fuch Receiver
and Receivers, or their Deputies fhall and lawfully
may ſtop ſuch Ship or Veffel from proceeding to Sea,
until the faid Duties fhall be fully paid and fatisfied.
Quaker's 5.--- In Cafes where an Oath is required by this
Affirmation Act, a Quaker's Affirmation fhall be accepted;
ed instead of and if fuch Quaker fhall refufe to make fuch folemn
an Oath. Affirmation and Declaration, in any Cafe whereby any
to be accept-
other Perrſon is hereby required to take an Oath, he
fhall forfeit and be fubject to the like Penalties, as
any
>
[249]
Penalty of
falfe Oath or
any other Perſon refufing to take an Oath, is liable to
by this Act; and in caſe any ſuch Quaker ſhall, up-
on fuch his folemn Affirmation or Declaration, affirm affirmation.
or declare any Matter which ſhall be Falſe; or if any
other Perſon ſhall Purſuant to the Execution of this
Act, wittingly or willingly make a falfe Oath, he
or they fo offending (being lawfully convicted thereof)
fhall fuffer the like Fines and Puniſhments as other
Perfons, being convicted of wilful Perjury, are by
the Laws of this Realm fubject unto.
tracts by
the Duty.
6. And whereas it is, and hath of late been the Ufe No Con-
and Practice of divers Mafters or Commanders, Seamen ſhall
Owners or Part-Owners of divers outward-bound obstruct the
Merchant Ships or Veſſels, to enter into, or fign a cer-
Payment of
tain Writing or Contract, whereby the Mariners de-
bar themſelves from their Wages, until fome certain
Time after the ſaid Ship or Veſſel's Arrival from off
the ſaid Voyage in the fame Port from which they did
firft put to Sea, although the faid Ships or Veffels do make
delivering Ports in foreign Parts, whereby their Wa-
ges would otherwife come due by Law; Be it therefore
enacted by the Authority aforefaid, That no fuch
Contracts, nor any other private Contracts or Agree-
ments, made or entred into by any Seaman or Mari-
ner, ſhall extend, or be conftrued to extend in any
ways to debar, obftruct, or delay the Payment of the
Duties aforefaid, which by this or any other Act are
appointed to the Uſe of the faid Hoſpital.
Kk
7. And
[ 250 ]
A publick
Act.
7. And be it further enacted by the Authority
aforefaid, That this Act, and every Part thereof, fhall
be taken and deemed to be a publick Act; and if, at
any Time or Times hereafter, any Perfon or Perfons
ſhall be ſued for any Matter or Thing done in the
Execution of this Act, fuch Perfon or Perfons fhall
General If and may plead the General Iffue, and give this Act
Sue.
and the ſpecial Matter in Evidence
and if upon
;
Trial the Plaintiff fhall become nonfuited, or a Ver-
dict fhall paſs for the Defendant, the Defendant ſhall
Treble Cofts, recover treble Cofts of Suit.
Who may
be admitted
into the
20. And whereas no Seamen have hitherto been ad-
mitted into the faid Hofpital, but fuch only as have
Hofpital. ferved in the Royal Navy, notwithstanding great Sums
have been conftantly paid towards the Support of the
faid Hofpital from the Wages of Seamen imployed in
Merchants Service; Be it therefore enacted by the
Authority aforefaid, That the Lord High Admiral of
Great-Britain, the Commiflioners of the Admiralty
for the Time being, or whoever elfe fhall, from Time
to Time, have Power to direct Admiffion of any
Seaman into the ſaid Hofpital, fhall confider, as being
fully qualified for an Admiffion into the faid Hofpital,
any Seaman, who ſhall offer himſelf to be admitted,
and who ſhall produce an authentick Certificate of
his having been wounded, maimed, or hurt in defend-
ing any Ship belonging to the Subjects of her Majeſty,
againſt the Enemies of her Majefty, her Heirs or Suc-
ceffors, or in taking any Ship from the Enemy, and
thereby
[ 25 ]
thereby difabled for Sea Service; any Law, Cuftom,
Ufage, or Order to the contrary thereof in any-wiſe
notwithſtanding.
Queen's
&c. shall
101.
at the faid
do by Stress
21. Whereas it is become a common Practice, that If any Ship
Merchants Ships and Veffels carrying Merchandize, do not belonging
to the Navy
very often stop and ride at the Moorings appointed and shall faften
laid out for the Uſe of her Majeftÿ's Ships and Veffels, to the
and at her Majefty's Ships and Hulks in Harbour, Moorings,
near and adjoining to her Majesty's Dock-yards, Store- the Captain
boufes and Magazines, fuch Merchant or trading forfeit 10 l.
Ships or Veſſels not being forced thereto by any Neceffity for every
or Want of Tide, by which Means her Majefty's Ships, Tide be ftays
Veffels, and Magazines are fubjected to Accidents by Moorings,
Fire, ond other Damages, through the Carelessness of unless necef-
the Perfons left on board fuch Merchant Ships, as wellfitated fo to
as to Charges, by weakening and wearing the of Weather,
Moorings; and the Perfons left on board fuch Mer-&c.
chant Ships, by their long ftaying at fuch Moorings,
have great Opportunities of running of Goods and
imbezelling her Majesty's Naval Stores: For Preven-
tion whereof, Be it therefore enacted by the Authority
aforeſaid, That if any Merchant Ship, or any other
Ship or Veffel, not being one of her Majeſty's Ships of
War, or belonging to her Majeſty's Royal Navy, or
imployed in her Majefty's Service, or fuch Ships as
fhall come to deliver Stores into her Majefty's Yards
during their Delivery thereof, fhall ftop or faften to
any of her Majefty's Moorings, or fix themfelves to
any of her Majefty's Ships or Hulks, the Captain,
Mafter, Commander, or Perfon, having the Care or
Kk 2
Command
[ 252 ]
}
}
Command of fuch Merchant Ship or Veffel, that
ſhall be then on board, fhall forfeit and pay the Sum
of ten Pounds for each and every Tide fuch Merchant
Ship or Veffel fhall ſtay at the faid Moorings, unleſs
it ſhall appear that fuch Merchant Ship or Veffel. was
neceffitated fo to do, by Want of Tide, Strefs of
One Moiety Weather, or other unavoidable Accident; one Moiety
to the Hof-
pital, the of which Forfeiture, fhall be to the Ufe of the afore
other to the faid Hofpital, the other Moiety thereof to the Ufe
Profecutor of him or them that fhall fue for the fame, together
Upon Neg-
looſe upon
four Hours,
1
with Cofts of Proſecution, to be recovered by Action
of Debt, Bill, Plaint, or Information, in any of her
Majefty's Courts of Record at Westminster, wherein
no Effoign, Privilege, Protection, Wager of Law,
Injunction, or more than one Imparlance. fhall be al-
lowed.
22. And it is hereby further enacted and declared
lect to un- by the Authority aforefaid, That upon Notice given
Notice given to the Perfon commanding on board fuch Merchant
for twenty- Ship or Veffel, or under whofe Care the fame ſhall
ber Maje- then be, by any Officer or Officers belonging to any
fty's Officers of her Majefty's Ships of War, Docks or Yards, as
may unloofe aforefaid, to unlooſe from the faid Moorings, upon
from the
Neglect or Refufal thereof for the Space of twenty-
Moorings. four Hours, it fhall and may be lawful to and for
every fuch her Majefty's Officer and Officers, to un-
loofe fuch Merchant Ship or Veffel from the faid
Moorings.
Luch Ship
Anno
[ 253 ]
}
Anno 12mo Annæ St. 2. Cap. 15.
An Act for providing a publick Reward
for fuch Perfon or Perfons as fhall dif-
cover the Longitude at Sea.
WHEREAS it is well known by all that are
acquainted with the Art of Navigation, that
nothing is ſo much wanted and defired at Sea, as the
Difcovery of the Longitude, for the Safety and Quick-
nefs of Voyages, the Prefervation of Ships, and the
Lives of Men: And whereas in the Judgment of able
Mathematicians and Navigators, feveral Methods have
already been difcovered, true in Theory, though very
Difficult in Practice, fome of which (there is Reaſon to
expect) may be capable of Improvement, fome already
difcovered may be propofed to the Publick, and others
may be invented hereafter: And whereas fuch a Dif
covery would be of particular Advantage to the Trade
of Great-Britain, and very much for the Honour of this
Kingdom; but befides the great Difficulty of the Thing
itſelf, partly for the Want of fome publick Reward
to be fettled as an Encouragement for fo ufeful and be-
neficial a Work, and partly for Want of Money for
Trials and Experiments neceffary thereunto, no fuch
Inventions or Proposals hitherto made, have been brought
to Perfection; Be it therefore enacted by the Queen's Commiffion
moft Excellent Majefty, by and with the Advice and ers appoint-
ed for dif
Confent of the Lords Spiritual and Temporal, and covering the
Commons Longitude,
1
[254]
to it.
<
+
and receiv- Commons in Parliament affembled, and by Au-
ing Propo-
Jals relating thority of the fame, That the Lord High Admiral of
Great-Britain, or the firft Commiffioner of the Ad-
miralty, the Speaker of the Honourable Houſe of
Commons, the firſt Commiffioner of the Navy, the
firft Commiffioner of Trade, the Admirals of the Red,
White, and Blue Squadrons, the Maſter of the Trinity-
houfe, the Prefident of the Royal Society, the Royal
Aftronomer of Greenwich, the Savilian, Lucafian,
and Plumian Profeffors of the Mathematicks in Ox-
ford and Cambridge, all for the Time being; the
Right Honourable Thomas Earl of Pembroke and
Montgomery, Philip Lord Biſhop of Hereford, George
Lord Bishop of Bristol, Thomas Lord Trevor, the
Honourable Sir Thomas Hanmer Baronet, Speaker of
the Honourable Houſe of Commons, the Honourable
Francis Robarts Efquire, James Stanhope Efquire,
William Clayton Efquire, and William Lowndes
Efquire, be conftituted, and they are hereby confti-
ftuted Commiffioners for the Diſcovery of the Lon-
gitude at Sea; and for examining, trying, and judg-
ing of all Propoſals, Experiments and Improvements
relating to the fame; and that the faid Commiffion-
ers, or any five or more of them, have full Power to
hear and receive any Propofal or Propofals that fhall
be made to them for diſcovering the faid Longitude;
Commiſſion- and in caſe the ſaid Commiffioners, or any five or
ers to cer- more of them, fhall be fo far fatisfied of the Probabili-
tify the
Probability ty of any fuch Diſcovery, as to think it proper to
of fuch Dif- make Experiment thereof, they fhall certify the fame,
covery to the under their Hands and Seals, to the Commiffioners of
Commiffion-
the
[255]
Navy, who
14 Geo. II.
the Navy for the Time being, together with the Per-ers of the
fons Names, who are the Authors of fuch Propofals; ball make
and upon producing fuch Certificate, the faid Com- out a Bill
miffioners are hereby authorized and required to make for 2000 1.
for making
out a Bill or Bills for any fuch Sum or Sums of Money the Experi-
not exceeding two Thoufand Pounds, as the faid ments.
Commiffioners for the Diſcovery of the faid Longi- Explained by
tude, or any five or more of them, fhall think necef- C. 39.
fary for making the Experiments, payable by the
Treaſurer of the Navy; which Sum or Sums the To be paid
Treaſurer of the Navy is hereby required to pay im- furer of the
by the Trea--
mediately to fuch Perfon or Perſons as ſhall be appoint- Navy.
ed by the Commiffioners for the Diſcovery of the faid
Longitude, to make thoſe Experiments, out of any
Money that ſhall be in his Hands, unapplied for the
Uſe of the Navy.
this Alt to
2. And be it further enacted by the Authority afore- The Com-
faid, That after Experiments made of any Propofal or
miſſioners by
Propoſals for the Diſcovery of the faid Longitude, the determine
Commiffioners appointed by this Act, or the major how far any
Propofal is
Part of them ſhall declare and determine how far the practicable.
fame is found practicable, and to what Degree of Ex-
actneſs.
3. And for a due and fufficient Encouragement to
any fuch Perſon or Perfons as ſhall diſcover a proper
Method for finding the faid Longitude, Be it enacted
by the Authority aforefaid, That the firft Author or
Authors, Difcoverer or Diſcoverers of any fuch Me-
thod, his or their Executors, Adminiftators, or Affigns,
fhall
Reward to
the first Dif
coverer,
[ 256 ]
}
fhall be intitled to, and have fuch Reward as herein
after is mentioned; that is to fay, to a Reward, or
Sum of ten Thouſand Pounds, if it determines the
faid Longitude to one Degree of a great Circle, or fix-
ty Geographical Miles; to fifteen Thouſand Pounds, if it
determines the fame to two Thirds of that Diſtance; and
to twenty Thouſand Pounds, if it determines the fame
When to be to one Half of the fame Diſtance; and that one
paid.
Moiety or Half-part of fuch Reward or Sum fhall be
due and paid when the faid Commiffioners, or the
major Part of them, do agree that any fuch Method
extends to the Security of Ships within eighty Geogra-
phical Miles of the Shores, which are Places of the
greateſt Danger, and the other Moiety or Half-part,
when a Ship by the Appointment of the faid Com-
miffioners, or the major Part of them, fhall thereby
actually fail over the Ocean, from Great-Britain to
any Port in the Weft Indies, as thofe Commiffioners,
or the major Part of them fhall chooſe or nominate
for the Experiment, without lofing their Longitude
beyond the Limits before mentioned.
1
the Commif-
As foon as 4. And be it further enacted by the Authority
Such Method
ball have aforefaid, That as ſoon as fuch Method for the Diſco-
been found very of the faid Longitude fhall have been tried and
practicable, found practicable and uſeful at Sea, within any of the
fioners fhall Degrees aforefaid, That the ſaid Commiffioners, or the
certify the major Part of them, fhall certify the fame accordingly,
fame to the under their Hands and Seals, to the Commiffioners of
Commifion-
ers of the the Navy for the Time being, together with the Per-
Navy, who fon or Perfons Names, who are the Authors of fuch
Shall make
Propofal;
[257]
Payment of
Propofal; and upon fuch Certificate the faid Com- out Bills for
miffioners are hereby authorized and required to make the Reward,
out a Bill or Bills for the reſpective Sum or Sums of and the
Money, to which the Author or Authors of fuch Pro- Treasurer of
the Navy
pofal, their Executors, Adminiftrators, or Affigns, shall pay the
ſhall be intitled by Virtue of this Act; which Sum or fame.
Sums the Treaſurer of the Navy is hereby required to
pay to the faid Author or Authors, their Executors,
Adminiftrators, or Affigns, out of any Money that
ſhall be in his Hands unapplied to the Ufe of the Na-
vy, according to the true Intent and Meaning of this
Act.
may allow a
5. And it is hereby further enacted by the Autho- The Com-
rity aforefaid, That if any fuch Propoſal ſhall not, on miſſioners
Trial, be found of fo great Ufe, as aforementioned, lefs Reward
yet if the fame, on Trial, in the Judgment of the faid for any
Commiffioners, or the major Part of them, be found Propofal of
confiderable
of confiderable Ufe to the Publick, that then and in Ufe to the
fuch Cafe, the faid Author or Authors, their Execu- Publick.
tors, Adminiſtrators, or Affigns, fhall have and receive
fuch leſs Reward therefore as the faid Commiffioners,
or the major Part of them, fhall think reaſonable, to
be paid by the Treaſurer of the Navy, on fuch Certi-
ficate, as aforefaid.
L1
Anno
[ 258 ]
Anno 12m⁰ Annæ St. 2. Cap. 18.
An Act for the preferving all fuch Ships,
and Goods thereof, which shall happen to
be forced on Shore, or ſtranded upon the
Coafts of this Kingdom, or any other of
her Majesty's Dominions.
3 Ed. I. WHEREAS by an Act made in the third
C. 4.
Year of the Reign of King Edward the Firſt,
concerning Wrecks of the Sea, It is enacted, That
where a Man, a Dog, or a Cat, efcape quick out of
the Ship, that fuch Ship, nor Barge, nor any Thing in
them, fhall be adjudged Wreck, but the Goods fhall be
faved, and kept by View of the Sheriff, Coroner, of
the King's Bailiff, and delivered into the Hands of fuch
as are of the Town where the Goods were found; So
that if any fue for thofe Goods, and after prove that
they were bis, or perifhed within his keeping, within a
Year and a Day, they fhall be restored to him, without
Delay, and if not, they shall remain to the King, or to
fuch others to whom Wreck belongeth; and he that
otherwife doth, and thereof be attainted, fhall be
awarded to Prifon, and make Fine at the King's Will:
4 Ed. I. And whereas by another Act made in the fourth
Year of the Reign of the ſaid King Edward the Firſt,
(intituled, De Officio Coronatoris) concerning the Wreck
of the Sea, It is enacted, That wherefoever it be
found
St. 2.
[ 259 ]
'
found, if any lay Hands of it, he fhall be attached by
fufficient Pledges, and the Price of the Wreck fhall
be valued, and delivered to the Town; And whereas
great Complaints have been made by feveral Mer-
chants, as well her Majefty's Subjects, as Foreigners
trading to and from this Kingdom, that many Ships
of Trade, after all their Dangers at Sea eſcaped, have
unfortunately, near Home, run on Shore, or been
ftranded on the Coafts thereof, and that fuch Ships
have been barbarouſly plundered by her Majefty's
Subjects, and their Cargoes embezelled, and when any
Part thereof has been faved, it has been fwallowed up
by exorbitant Demands for Salvage, to the great Loſs
of her Majefty's Revenue, and to the much greater
Damage of her Majefty's trading Subjects: For Reme-
dy whereof, Be it enacted by the Queen's moft Excel-
lent Majefty, by and with the Advice and Confent of
the Lords. Spiritual and Temporal, and Commons in
this prefent Parliament affembled, and by the Autho-
rity of the fame, That the Sheriffs, Juftices of the Sheriffs,
Peace of every County, or County of a City or &c, and
Town, and alfo all Mayors, Bailiffs, and other Head Custom-
Officers of Corporations and Port-Towns near adjoin-houſe Offi-
cers to fum-
ing to the Sea, and all Conftables, Headboroughs, mon Men to
Tythingmen, and Officers of the Cuftoms in all and affift Ships
in Diſtreſs.
every fuch Places fhall, upon Application made to
them, or any of them, by or on the Behalf of any
Commander or chief Officer of any Ship or Veffel of
any of her Majefty's Subjects, or others, being in
Danger of being ftranded or run on Shore, or being
ftranded or run on Shore, are hereby impowered and
Ll 2
required
Mayors,
[260]
All Ships,
Men of
War and
others, to
affift.
On Forfei-
ture of
100 l.
required to command the Conftables of the feveral
Ports within her Majefty's Dominions, neareſt to the
Sea Coaſts where any fuch Ship or Veffel fhall be in
Danger as aforefaid, to fummon and call together as
many Men as ſhall be thought neceffary to the Affiſt-
ance and for the Preſervation of fuch. Ship or Veſſel,
fo in Diſtreſs as aforeſaid, and their Cargoes; and that
if there ſhall be any Ship or Veffel, either Man of
War or Merchant Ship, belonging to her Majeſty, or
any of her Subjects, riding at Anchor near the Place
where fuch Ship or Veffel is in Diſtreſs or Danger, as
aforefaid, the Officers of the Cuftoms, and Conftables
above mentioned, or any of them, are hereby impow-
ered and required to demand of the fuperior Officers
of fuch Ship or Veffel, fo riding at Anchor, as afore-
faid, Affiſtance by their Boats and fuch Hands as they
can conveniently fpare, for the faid Service and Prefer-
vation of the faid Ship or Veffel, fo in Diſtreſs, as
aforefaid; and that in cafe fuch fuperior Officer of
fuch Ship or Veffel, riding at Anchor, as aforefaid,
fhall refufe or neglect to give fuch Aſſiſtance, he ſhall
forfeit for the fame, the Sum of one Hundred Pounds,
to be recovered by the fuperior Officer of the ſaid Ship
or Veffel, fo in Diftrefs, as aforefaid, together with
their Coſts of Suit, in any of her Majeſty's Courts of
Record, by Action of Debt, Bill, Plaint, or Informati-
on, wherein no Effoign, Wager of Law, or Protection
fhall be allowed.
2. And
[261]
S. 13.
2. And for the Encouragement of fuch Perfons as Reasonable
Salvage to
fhall give their Affiftance to fuch Ships or Veffels, fo be made.
in Diftrefs, as aforefaid, Be it further enacted, That
the faid Collectors of the Cuſtoms, and the Maſter or
commanding Officer of any Ships or Veffels, and all
others who ſhall act or be imployed in the preferving
of any fuch Ship or Veffel in Diftrefs, as aforefaid, or By 5 Geo.
their Cargoes, fhall within thirty Days after the Ser-1. C. 11.
vice performed be paid a reaſonable Reward for the Goods faved
fame, by the Commander, Mafter, or other fuperior from frand-
ed Ships are
Officer, Mariners or Owners of the Ship or Veffel, fo
to pay Cu
in Diſtreſs, as aforefaid, or by the Merchant, whofe ftoms.
Ship, Veffel, or Goods fhall be fo faved, as aforefaid;
and in Default thereof the ſaid Ship, Veffel, or Goods,
ſo ſaved, as aforeſaid, fhall remain in the Cuſtody of
fuch Officer of the Cuſtoms, or his Deputy, until fuch
Time that all Charges fhall be paid, and until the faid
Officer of the Cuftoms, or his Deputy, and the faid
Maſter or other Officer of the Ship or Veffel, and all
others fo imployed, as aforefaid, fhall be reaſonably
gratified for their faid Affiftance and Trouble, or good
Security given for that Purpoſe, to the Satisfaction of
the feveral Parties that are to receive the fame; and
that in cafe after fuch Salvage, the Commander or
other fuperior Officer, Mariners or Owners of fuch Three Ju
Ship or Veffel, fo faved, as aforefaid, or Merchant ices to ad-
just the
whofe Goods fhall be fo faved, as aforefaid, fhall difa- Quantum
武
​gree with the faid Officer of the Cuſtoms, or his De- of the Sal-
puty touching the Monies deferved by any of the vage.
Perſons fo imployed, as aforefaid, it fhall be lawful for
the
[262]
1
the Commander of fuch Ship or Veffel fo faved, or
the Owner of the Goods, or the Merchant intereſted
therein, and alfo for the faid Officer of the Cuſtoms, or
his Deputy, to nominate three of the neighbouring
Juftices of the Peace, who fhall thereupon adjuſt the
Quantum of the Monies or Gratuities to be paid to the
ſeveral Perſons acting or being imployed in the Salvage
of the faid Ship, Veffel, or Goods; and fuch Adjuſt-
ments ſhall be binding to all Parties, and fhall be re-
coverable in an Action at Law to be brought in any
of her Majefty's Courts of Record, by the refpective
Perfons to whom the fame ſhall be allowed by the faid
Juftices of Peace; and in caſe it ſhall happen that
no Perſons ſhall appear to make his Claim to all or any
the Goods that fhall be faved, that then and in fuch
Cafe, the chief Officer of the Cuſtoms of the neareſt
Port to the Place where the faid Ship or Veffel was fo
in Diſtreſs, as aforefaid, fhall apply to three of the
neareſt Juſtices of the Peace, who fhall put him or
ſome other reſponſible Perſon in Poffeffion of the
Goods, fuch Juftices of Peace taking an Account in
Writing of the faid Goods, to be figned by fuch Offi-
cer of the Cuſtoms; and if the faid Goods fhall not be
legally claimed within the Space of twelve Months
Months, to next enfuing by the rightful Owner thereof, then
be fold,
publick Sale fhall be made thereof, and if perishable
Goods, forthwith to be fold, and after all Charges de-
ducted, the Refidue of the Monies arifing by fuch
Monies Sale, with a fair and juft Account of the whole, fhall
tranfmitted
into the Ex-be tranfmitted to her Majefty's Exchequer, there to
chequer,&c. remain for the Benefit of the rightful Owner when
Goods not
claimed in
twelve
And the
appearing
[263]
appearing, who upon Affidavit or other Proof made
of his or their Right or Property thereto, to the Satiſ
faction of one of the Barons of the Coif of the Exche-
quer, fhall upon his Order, receive the fame out of
the Exchequer.
without
3. And it is hereby alſo enacted, That if any Per- Perſons en-
fon or Perfons whatſoever, befides thoſe impowered tring Ship
by the faid Officer of the Cuſtoms or his Deputy, and Leave,
the Conftables, as aforefaid, ſhall enter or endeavour to
enter on board any fuch Ship or Veffel, fo in Diſtreſs,
as aforefaid; without the Leave or Confent of the
Commander or other fuperior Officer of the ſaid Ship,
or of the faid Officer of the Cuftoms, or his Deputy,
or of the faid Conftable, or fome or one of them im-
ployed for the Service and Preſervation of the faid Ship
or Veffel, as aforefaid; or in caſe any Perſon ſhall mo- Or hindring
left him, them, or any of them, in the faving of the the faving
the Ship,
faid Ship, Veffel, or Goods, or ſhall endeavour to im- to make dou-
pede or hinder the faving of any fuch Ship, Veffel or ble Satisfac-
Goods, or when any fuch Goods are faved, fhall take tion.
out or deface the Marks of any fuch Goods, before
the fame fhall be taken down in a Book or Books for
that Purpoſe provided by the Commander or Ruling
Officer, and the firft Officer of the Cuſtoms, as afore-
faid, fuch Perfon or Perfons fhall, within the Space of
twenty Days, make double Satisfaction to the Party
grieved, at the Diſcretion of the two next Juftices of
Peace, or in Default thereof, fhall by fuch Juftices of
Peace be ſent to the next Houſe of Correction, where
he ſhall continue and be imployed in hard. Labour by
the
[264]
Mafters
the Space of twelve Months then next enfuing; and
Preffers into that it fhall be lawful for any Commander or fuperior
may repel
the Ship.
Goods car-
Officer of the faid Ship or Veffel, fo in Diftrefs, as
aforefaid, or for the faid Officer of the Cuftoms, or
Conſtables on board the fame Ship or Veffel, to re-
pel by Force any fuch Perfon or Perfons as fhall, with-
out fuch Leave or Confent from the faid Commander
or fuperior Officer, or the faid Officer of the Cuſtoms,
or his Deputy, or fuch Conftables, as aforefaid, preſs
on board the faid Ship or Veffel, ſo in Diftrefs, as
aforefaid, and thereby moleft them in the Prefervation
of the ſaid Ship or Veffel, fo in Diſtreſs, as aforeſaid.
4. And it is hereby likewiſe enacted, That in caſe
ried off,&c.
reed on Occ. any Goods fhall be found upon any Perfon or Perfons,
diately de- that were ftolen or carried off from any fuch Ship or
livered up. Veffel, fo in Diſtreſs, as aforefaid, he, fhe, or they, on
whom fuch Goods fhall be found, fhall immediately,
upon Demand, deliver the fame to the Owner thereof,
or to fuch Perfon by fuch Owner authorized to re-
ceive the fame; or in Default thereof, fhall be liable
Penalty, tre- to pay treble the Value of fuch Goods, to be recover-
ed by fuch Owner in an Action at Law to be brought
for the fame.
ble theValue.
Making 5. And it is hereby moreover enacted, That if any
Holes in the Perfon or Perfons fhall make, or be affifting in the
Ship, &c.
Felony. making any Hole in the Bottom, Side, or any other
Part of any Ship or Veffel, fo in Diſtreſs, as aforefaid,
or ſhall ſteal any Pump belonging to any Ship or Vef-
fel, ſo in Diſtreſs, as aforefaid, or ſhall be aiding or
abetting
[265]
abetting in the ſtealing ſuch Pump, as aforeſaid, or
ſhall wilfully do any thing tending to the immediate
Lofs or Deſtruction of fuch Ship or Veffel, fuch Per-
fon or Perſons ſhall be and are hereby made guilty of
Felony, without any Benefit of his, her, or their
Clergy.
6. And be it further enacted by the Authority General If-
aforeſaid, That if any Action, Suit or Information, Sue.
ſhall be commenced or profecuted againſt any Perfon
or Perſons, for any thing that he or they fhall do, or
cauſe to be done, in purfuance of this Act, and exe-
cuting any of the Powers and Authorities, or any of
the Orders or Directions therein mentioned, all and
every Perſon and Perfons, fo fued in any Court what-
foever, fhall and may plead the General Iffue, and
give this Act and the ſpecial Matter in Evidence; and
if in any fuch Suit the Plaintiff or Profecutor fhall be-
come Nonfuit, or forbear Proſecution, or diſcontinue
the Suit, or if a Verdict fhall paſs againſt him, or
Judgment be given againſt him upon a Demurrer,
then in any of the faid Caſes the Defendant or Defend-
ants ſhall recover full Cofts, for which he and they
ſhall have the like Remedy, as where Cofts by Law
are awarded; and this Act ſhall be taken and allow-
ed in all Courts within this Kingdom as a publick
Act, and all Judges and Juftices are hereby required Publick Act.
to take Notice thereof as fuch without fpecial pleading
of the fame.
M m
10. Provided,
ሓ
[266]
Continuati-
on.
10. Provided, That this Act fhall continue in
force for the Space of three Years, and from thence to
the End of the next Seffion of Parliament, and no
longer. Made Perpetual by 4 Geo. I. C. 12.
Anno Imo Geo. I. Stat. 2. Cap. 25.
An Act to prevent Disturbances by Seamen,
and others; and to preferve the Stores
belonging to his Majesty's Navy Royal,
and alfo for explaining an Act for the
better preventing the Imbezelment of his
Majefty's Stores of War; and prevent-
ing Cheats, Frauds, and Abufes in paying
Seamen's Wages; and for reviving and
continuing an Act for the more effectual
Suppreffion of Piracy.
I.
}
WHEREAS divers Fightings, Quarrellings,
and Disturbances, do often happen in and
about his Majefty's Offices, Yards, and Stores, belong-
ing to his Majesty's Royal Navy, and frequent Diffe-
rences and Diſorders are occafioned in and about the
Office of his Majefty's Treasury of the Navy, on Pay-
Days
[267]
Days, in London, Portſmouth, and other Places of
Meeting for the Service of the faid Navy, by the un-
reaſonable Turbulency of Seamen, and others, attending
on or relating to that Service, or their Creditors, or by
the Rudeness of the Officers intrufted with his Majefty's
Stores on Land, or in his Royal Ships, when they are
questioned by the principal Officers and Commiffioners
of the faid Navy, either for Neglect or Imbezelment of
his Majefty's Provifions, Ammunitions, or other Equi-
page of the Navy under their Charge, not only to the
Disturbance of the Peace, but fometimes to the Danger
and Hindrance of his Majefty's Service, both in point
of husbanding his Majefty's Revenue, and alfo in the
Difpatch of the Ships, on which the Honour and Safe-
ty of his Majefty and Kingdom fo much depends; which
Inconveniencies require a speedier Remedy than the or-
dinary Courfe of Justice; the Parties accufed or of-
fending, being many times bound to Sea, and the
principal Officers and Commiffioners, for want of Au-
thority to fupprefs fuch Infolencies and Disorders, and
bear, determine, and punish fuch Offences, being necef-
fitated to pass by many Offences, in which his Majefty
might be righted, if their neceffary Attendance on that
important Service would permit the Profecution of the
Offenders before other ordinary Judicatures: For Re-
medy whereof, Be it enacted by the King's moft Ex-
cellent Majefty, by and with the Advice and Confent
of the Lords Spiritual and Temporal, and Commons
in Parliament affembled, and by the Authority
of the fame, That the Treafurer, Comptroller, Treaſurer,
Surveyor, Clerk of the Acts, and the Commif- &c. of the
Navy, im-
M m 2
fioners powered to
[268]
punish Per- fioners of the Navy, for the Time being, or any one or
Sons who
make Diſtur- more of them, fhall, from and after the twenty-ninth
bance in the Day of September next enfuing, have Power and Au-
Yards, &c. thority, by Warrant under any one or more of their
·
Hands and Seals, to cauſe fuch Offenders to be appre
hended, and brought before him or them, and to ex-
amine and puniſh all ſuch Perſon and Perfons whom
he or they, upon their Enquiry and. Examination of
Witneffes upon Oath, (which Oath he or they are
hereby impowered to adminiſter) or upon Confeffion
of the Party or Parties accuſed,. or on View in his or
their Preſence, ſhall find to make, or have made any
fuch Diſturbance, Fighting, or Quarrelling, in
any the
Yards, Stores, Offices, or Places aforefaid, at Pay-Days,
or on other Occafions relating to the Naval Services, in
fuch. Manner as followeth ; (that is to fay) that they,
or any one or more of them, may punish any the faid
Offences, by Fine, Impriſonment, or either of them,
the Fine not exceeding twenty Shillings, and Impri-
fonment not exceeding one Week; and have Power
in fuch Cafes, to commit fuch Perfon to the next
Goal, or to the Cuftody of the Meffenger or Meffen-
gers for the Time being, Attendant on them, who
reſpectively are to receive and detain fuch Perfon fo
offending; and that the faid principal Officers and
Commiffioners, or any one or more of them, then
preſent, have hereby Power and Authority to diſcharge
fuch Fine or Impriſonment, if they think fit, and for
Non-payment of the Fine fo impofed, and not remit-
ted, to impriſon the Party offending, until Payment
thereof, or otherwife to caufe fuch Offender or Of
fenders
[269]
fenders to be ſent to the next Houſe of Correction to
the Place where fuch Offence fhall be committed,
there to be kept at hard Labour for the Space of two
Months, without Bail or Mainprize; which faid
Fines ſhall be paid to the Clerk of the Cheft at Cha-
tham, for the Ufe of the maimed Seamen.
2. And it is hereby further enacted by the Autho- And may
rity aforefaid, That the faid Officers and Commiffion- bind the
Offenders to
ers, or any one or more of them (in Cafes where great-good Beba-
er Example or Puniſhment is needful) may alſo bind viour.
the Perfon or Perfons, fo offending, to their good Bé-
haviour, and to anſwer the Offences, whereof they
ſhall be accuſed, at the next Affizes or General Quar-
ter Seffions of the Peace for the County or Place where
fuch Offence ſhall be committed, with or without Se-
curities, as Occafion fhall be; and in Default of fuch
Securities, where the fame fhall be required, to com-
mit the Perfon or Perfons offending, as aforefaid, to the
common Goal of the County or Place where fuch Óf-
fence ſhall be committed, in Order to their being pro-
fecuted for fuch Offence or Offences at the next Af
fizes or General Quarter Seffions of the Peace for fuch
County or Place.
3. And whereas divers of his Majeſty's Stores and
Ammunition, pertaining to his Navy and Shipping, or
Service thereof, are often privately imbezelled or filch-
ed away For the more effectual Diſcovery of fuch
Stores and Ammunition, It is hereby further enacted
by the Authority aforefaid, That the faid principal The faid Of
Officers ficers im-
[270]
the Offend-
ers.
powered to Officers and Commiffioners of his Majeſty's Navy, or
enquire of
the Imbezel any one or more of them, ſhall have hereby power to
ment of Na-inquire, and by Warrant under his or their Hands and
val Stores, Seals, to impower any Perſon or Perſons, to ſearch for
and punish the fame in all Places, in like Manner as Juftices of
Peace may do in cafe of Felony, and puniſh the Of-
fenders by fuch Fine and Impriſonment, as aforefaid,
the Value of the Goods fo imbezelled or filched away,
not exceeding the Sum of twenty Shillings, and cauſe
the Goods to be brought in again; and if the Offence
be of ſuch Nature as doth require an higher and ſeverer
Puniſhment, then that they, any one or more of them, may
commit fuch Offender to the next Goal, or to the Cu-
ſtody of their Meſſenger or Meſſengers aforefaid, 'till
he or they offending, enter into Recognizance with
Surety or Sureties, according to the Nature of the Of-
fence, to appear and anſwer to the fame in his Maje-
fty's Court of Exchequer, or other Court where his
Majeſty ſhall queſtion him or them for the fame, with-
in one Year following, on Procefs duly ferved for that
Purpoſe on fuch Offender or Offenders.
4. And whereas divers ill-difpofed Perfons, upon
Pretence of carrying his Majesty's Naval Goods, Pro-
vifions, Victuals, Stores and Ammunition, from his Ma-
jefty's Yards, Wharfs, Store-houſes, or other Places, to
his Majesty's Ship or Ships, or to fuch Ship or Ships as
are imployed in his Majefty's Service, or fuch Perfons
as are imployed to recarry or remove from the faid Ship
Ships fuch Naval Stores, Goods, Provifions, Victu-
als, Stores and Ammunition, to fuch his Majesty's
Yards,
[271]
Goods em-
Value of
20s. the
Yards, Wharfs, Store-houses, or other Places, do fre-
quently imbezel, take and carry them away, where they
cannot be found, and remove themſelves to Places un-
known, before they can be apprehended, or convicted by
due Procefs of Law, by reafon that thofe Witneſſes that
fhould prove the faid Facts are bound forth to Sea, or
otherwife employed elſewhere, and it is found neceſſary,
that Justice be more fpeedily done in fuch Cafes, than by
ordinary Courſe of Law it can be: Be it therefore en- When the
acted by the Authority aforefaid, That the Treaſurer, bezelled are
Comptroller, Surveyor, Clerk of the Acts, and Commif- under the
fioners of the Navy, for the Time being, or any one or
more of them, where the Value of the Goods fo im- Offender
bezelled, taken, or carried away, fhall be under the ſhall be fined,
Value of twenty Shillings, fhall have full Power and
Authority, upon the Oath of one or more Witneſſes,
(which they or any one of them have hereby Power to
adminifter) or Confeffion of fuch Party, fo offending,
as aforefaid, or other legal Proof thereof, to convict
the Party or Parties fo offending, by Writing under
his or their Hands and Seals, and to impofe fuch Fine
or Fines upon all or every fuch Perfon or Perfons, fo
offending, and convicted, as aforefaid, as to the ſaid
Treaſurer, Comptroller, Surveyor, Clerk of the Acts,
and the Commiflioners of the Navy, for the Time be-
ing, or any one or more of them, fhall, in his or their
Diſcretion feem meet; the faid Fine or Fines not ex-
ceeding double the Value of the Naval Goods, Provi-
fions, Victuals, Stores, or Ammunition, fo imbezelled
or carried away; which Fine or Fines ſhall be levied
by Diſtreſs and Sale of the Goods of fuch Offender,
Fine to be
levied by
Distress
virtue and for
by
[272]
three
Months.
Want there- virtue of the Warrant of fuch Officer or Officers who
of, Impri- fhall fo convict the ſaid Offender, directed in Manner
Jonment for
aforefaid, to the Perfon or Perfons aforefaid, returning
the Overplus, if any be, to the Owner of fuch Goods;
or in caſe no fufficient Diſtreſs can be found, as afore-
faid, the Party or Parties ſo offending, fhall, by Virtue
of the Warrant of fuch Officer before whom fuch Per-
fon or Perſons ſhall be convicted, be impriſoned in the
next Goal, for any Space of Time, not exceeding three
Months, without Bail or Mainprize.
Naval
Stores im-
5. And be it further enacted by the Authority
bezelled and aforefaid, That the ſaid Treaſurer, Comptroller, Sur-
put on Ship- veyor, Clerk of the Acts, and Commiffioners of the Na-
board ſhall vy, for the Time being, or any one or more of them,
be feized by
Warrant of upon Oath of one or more credible Witneffes (which
the faid
he or they have hereby Power to adminiſter) teſtifying,
Treaſurer, that his Majeſty's Naval Goods, Stores, Ammunition,
&c.
or Naval Provifions, or any Part thereof, are conveyed
into any Ship or Veffel whatſoever, and mentioning
the Name of fuch Ship or Veffel, being at Anchor,
and not ready to fail that Tide, within any of the
Roads, Harbours, Creeks or Rivers within his Maje-
fty's Dominions, or any Perfon or Perfons by their or
one of their Warrant or Warrants (in which Warrant
or Warrants the Quantity or Quality of fuch Goods
fhall be fpecified) thereunto authorized and appointed,
in the Day-time, fhall have full Power and Authority
to go on board any fuch Ship or Veffel whatſoever,
being within any of the Places aforefaid; and in cafe
Refiſtance or Refufal be made upon Demand, to enter
and
[ 273]
and break open the Hatches and Cabbins, or other
Places of fuch Ship or Veffel, and ſearch therein for
any fuch Naval Goods, Stores, Ammunition, or Provi-
fions belonging to his Majefty's Navy, which have
been imbezelled, purloined, and taken away; and the
ſame to ſeize, take, and carry away, to any of his Ma-
jeſty's Yards or Store-houſes, to be applied to his Ma-
jeſty's Ufe, unleſs the ſaid Officers and Commiffioners,
upon hearing the Matter, fhall find they were undu-
ly feized, and thereupon reſtore them to the Party
claiming the fame, which they are hereby impowered
to do.
&c.
A
6. And be it further enacted by the Authority Puniſhment
aforefaid, That every Perfon or Perfons who fhall of counter-
feiting the
counterfeit the Hands of the Treaſurer, Comptroller, Hand of the
Surveyor, Clerk of the Acts, or of the Commiffioners Treasurer,
of the Navy, or of any of them, or the Hand or Hands
of the figning or vouching Officers of his Majefty's
Navy, Ships, or Yards, or the Hand or Hands of any
one or more of them, to any Bill, Ticket, or other
Papers, by Virtue whereof his Majefty's Naval Trea-
fure is or may be paid or difpofed of, or fhall know-
ingly produce any fuch counterfeit Ticket, Bill, or
other Paper, every fuch Perfon or Perfons fo offend-
ing, fhall or may be lawfully committed to Priſon by
the faid Officers or Commiffioners, or any one of
them, until he ſhall find Surety to appear at the next
General Affizes or Quarter Seffions of the Peace for
the County, Town, or Place, where fuch Offender
N n
fhall
1
[ 274]
9 & 10
W. III.
C. 41.
fhall be ſo committed to Prifon, to be there proceeded
againft according to Law.
7. And whereas by an Act made in the ninth and
tenth Years of the Reign of his late Majefty King
William the Third, intituled, An Act for the better
preventing the Imbezelment of his Majefty's Stores of
War, and preventing Cheats, Frauds, and Abuſes, in
paying Seamen's Wages, among other things therein
contained, reciting, that forafmuch as divers wicked
Perfons, for Lucre and Gain, had perfonated Seamen,
who had really ferved, or were ſuppoſed to have ferved
on board of his Majesty's Ships, and thereby had receiv-
ed divers Sums of his Majefty's Money at the Pay-Of-
fice, or elſewhere, of his Majesty's Officers appointed
for Payment of his Majefty's Fleet and Ships, in Deceit
as well of his Majesty as of the Perfons who had really
ferved on board any of his Majesty's Ships; and had
alfo for fuch wicked Purpoſes forged and counterfeited
divers Letters of Attorney, or Bills of Sale, and Af-
fignments, or laft Wills, in the Name or Names of
Perfons who had really ferved, or were fuppofed to have
Served on board his Majesty's faid Ships; and had and
did alfo procure Daily divers Men and Women to per-
fonate, and divers wicked Perfons did of their own Ac-
cord perfonate the Wives, Relations, or Creditors of
fuch Seamen, who had or were fuppofed to have ferved
on board of his Majesty's Ships, and thereby had falfely
taken out Letters of Adminiftration to fuch Seaman or
Seamen having ferved or fuppofed to have ferved on
board of his Majefty's Ships, or had forged and counter-
feited
[ 275 ]
feited Letters of Attorney, Bills of Sale, or other Au-
thorities, in the Names of the Executors or Admini-
ftrators of fuch Seamen, for the Receipt of fuch Wages as
were due or fuppofed to be due to fuch Seamen, having
Served or fuppofed to have ferved, as aforefaid: For
the Prevention of which faid wicked Practices, It was
thereby enacted, That all and every fuch Perfon or
Perfons, bis, her, or their Aiders or Abettors that
Should be convicted of the faid Grimes and Offences,
committed, from and after the twenty-fourth Day of
June, which was in the Year of our Lord one Thoufand
fix Hundred Ninety Eight, fhould, for every fuch Of
fence, over and above the Penalties to be inflicted by
any Laws then in Force, forfeit the Sum of two Hun-
dred Pounds, together with Cofts of Profecution: And
whereas fome Doubts have arifen, whether any Offender
or Offenders, who fhall or may be convicted of fome of
or one of the Crimes or Offences mentioned in the faid
Act, and ſhall not be convicted of all the faid Crimes
and Offences, fhall, as the faid Act is penned, be fubject
and liable to the Penalties in the faid Act impofed on
fuch Offenders: For explaining whereof, Be it enacted Perfons con-
victed of
and declared by the Authority aforefaid, That all and
every Perſon and Perfons, his, her, or their Aiders or Crimes in
Abettors, Aider or Abettor, that ſhall be convicted of the recited
all or any the Crimes or Offences aforefaid in the faid liable to the
laft recited Act mentioned, fhall, for every fuch Crime Punishment
or Offence, over and above the Penalties to be inflict- thereby in-
flicted.
ed by any other Law now in Force, be fubject and lia- Note, by 7
ble to the Pains and Penalties inflicted by the ſaid laft Geo. II.
Nn 2
any the
Alt, fhall be
C. 22.
menti- Forgery in
1
[276]
general is mentioned Act, to be recovered and diftributed as in
made Felony the fame recited Act is mentioned.
without Be
nefit of Cler-
gy.
&c. may
mitigate the
Penalties
impoſed by
the faid Att.
1
8. Provided always, and it is hereby further enact-
ed by the Authority aforefaid, That it fhall and may.
The Judge, be lawful to and for the Judge, Juftice or Juftices, be-
fore whom fuch Offender or Offenders fhall be tried
or convicted of all or any the Crimes or Offences be-
fore mentioned, to mitigate the ſaid Penalties and
Forfeitures by the fame Act impofed, according to his
or their Diſcretion, or in lieu thereof, to puniſh fuch
Offender or Offenders in the Premiffes corporally, by
caufing him, her or them, to be publickly whipped
and committed to fome publick Work-houfe, there to
be kept to hard Labour for the Space of three Months,
or leſs time, as to fuch Judge, Juftice or Juftices, ſhall,
in his or their Difcretion feem meet; any thing in
the faid Act contained to the contrary thereof in any
wife notwithſtanding.
The Admi-
ralty, &c.
may admini-
fter Oaths
9. And be it further enacted by the Authority
aforefaid, That it fhall and may be lawful to and for
the Lord High Admiral of Great-Britain and Ireland,
in Cafes re- for the time being, or the Commiffioners for execut-
lating to the
ing the Office of Lord High Admiral of Great-Bri-
receiving
&c. bis tain and Ireland, for the time being, or any one or
Majesty's
more of them, the Secretary or Secretaries of the faid
Treaſure,
Lord High Admiral, or Commiffioners for executing
the Office of Lord High Admiral for the time being,
and to and for the Treaſurer, Comptrollor, Surveyor,
Clerk of the Acts, and the Commiffioners, of his Ma-
&c.
jeſty's
1
[ 277 ]
jefty's Navy for the time being, or for any one or more
of them, to adminiſter an Oath or Oaths, in any cafe
or caſes relating to the receiving, keeping, iffuing, and
accounting for any part of his Majefty's Treafure,
Victuals, Stores, or Provifions of his Majefty's Navy,
or for the Prefervation of due Order and Diſcipline
therein, or in any other matter or thing relating to
his Majeſty's Navy, or the Affairs thereof.
ཝཱ
>
The Treafu---
rer of the
Navy, &c.
may execute
the Powers
bereby given
10. And it is hereby further declared and enacted
by the Authority aforefaid, That the faid Treaſurer,
Comptroller, Surveyor, Clerk of the Acts, and the
Commiffioners of the Navy, for the time being, or
any one or more of them, may execute all and every them, as
the Powers hereby or by any other Law given them, well within
Liberties, as
or any of them, on all and every the Offenders afore- without.
faid, in all Places as well within Liberties as without;
any Law, Statute, Ordinance, Charter or Privilege to
the contrary notwithſtanding.
C. 5-
11. Provided always, and it is hereby declared, This Att
That no Clauſe, Sentence, or other Matter, in this ball not re-
peal &c.
Act contained, fhall repeal, alter, change, or be inter- the 22.
preted to make void any of the Clauſes, Matters, or Car. II.
Things ſpecified or contained in one Act of Parliament
made in the two and twentieth Year of the Reign of
his late Majefty King Charles the Second, intituled,
An Act for taking away the Benefit of the Clergy
from fuch as fteal Cloth from the Rack, and from fuch
as fhall ſteal or imbezel his Majefty's Ammunition
and Stores; but that the fame Act fhall remain in full
Force
[278]
The Admi-
ralty may
execute the
Powers in
this Act.
None ſhall
be puniſhed
again by any
Force and Virtue, for and notwithſtanding any thing
herein contained.
12. Provided alfo, and be it further enacted,
That all and every the Powers hereby given to any
Officer or Commiffioner of the Navy, may be exer-
cifed by the Lord High Admiral of Great-Britain
and Ireland for the time being, or the Commiffioners
for executing the Office of Lord High Admiral of
Great-Britain and Ireland for the time being, or any
one or more of them.
13. Provided alſo, and be it further enacted, That
no Perfon or Perfons, who fhall be puniſhed by vir-
other Law, tue of this Act, fhall be puniſhed by force of any
for the fame other Law for the fame Offence.
Offence.
This and
the 9 & io
W. III.
C. 41.
Shall be
14. Provided always, and it is hereby enacted by
the Authority aforefaid, That this prefent Act, and
alfo the faid Act made in the ninth Year of the Reign
of his late Majefty King William the Third, ſhall be
deemed pub- deemed, conftrued, allowed, and taken Notice of in
lick Aus. all Courts of Law and Equity, and by all Judges and
Juſtices whatſoever, and in all other Places and Ju-
rifdictions whatfoever, without pleading or ſetting
forth the fame, as and for publick Acts to all Intents
and Purpoſes whatſoever.
Convictions
15. And be it further enacted by the Authority
on this Aft aforefaid, That all and every the Convictions and
to be final. Judgments, which ſhall be had, made, or given in
Purfuance
[ 279 ]
}
Purſuance of this Act, fhall be final, and not fub-
ject to any Appeal or Certiorari, nor be removed,
fuperfeded, or fufpended thereby, or by any of them;
any Law, Statuté, or Provifion to the contrary there-
of in any wife notwithſtanding.
the General
16. And it is hereby further enacted by the Au- Perfons fued
thority aforeſaid, that if any Perſon or Perfons fhall may plead
at any time be fued or profecuted for or on Account Iue, &c.
of any Matter or Thing by him or them done or ex-
ecuted in Purſuance of this Act, or the faid Act made
in the Ninth Year of the Reign of his late Majefty
King William the Third, he or they fhall or may
plead the General Iffue, and give this Act, and the
faid laſt mentioned Act, and the fpecial Matter in
Evidence for his or their Defence, and if upon the
Trial a Verdict ſhall paſs for the Defendant or Defen-
dants, or the Plaintiff or Plaintiffs fhall be non-fuit,
or diſcontinue his or their Action or Suit, or Judg-
ment ſhall otherwiſe paſs for the Defendant or Defen-
dants therein, then fuch Defendant or Defendants
ſhall have double Cofts to him or them awarded And Shall re-
againſt ſuch Plaintiff or Plaintiffs, to be levied in fuch cover double
manner as Cofts in other Actions may be levied.
Cofts.
17. And it is hereby enacted by the Authority The Act of
aforefaid, that an Act made in the Eleventh Year of 11 and 12
W.III.C.7.
the Reign of his faid late Majefty King William the revived, and
Third, intituled, An Act for the more effectual fup- to be in force
during this
preffing of Piracy, which was thereby to be in Force Act. The
for feven Years, and from thence to the End of the faid At is
next
[ 280 ]
tual, by 6
Geo. I.
5 Ann.
C. 34.
!
made perpe- next Seffion of Parliament, after the Expiration of
the ſaid ſeven Years, and which by an Act made in
C. 19. S. 3. the Fifth Year of the Reign of Her late Majeſty
Queen Anne, intituled, An Act for continuing the
Laws therein mentioned, relating to the Poor, and
to the Buying and Selling of Cattle in Smithfield, and
for fuppreffing of Piracy, was enacted to remain in
full Force for feven Years, and from thence to the
End of the next Seffion of Parliament, ſhall from and
after the faid Twenty Ninth Day of September next
enfuing, be revived, and the fame is hereby enacted
to be in Force during the Continuance of this Act.
The Dura-
18. Provided, That this Act fhall be in Force for
tion of this five Years, and to the End of the next Seffion of
Parliament, after the Expiration of the faid five Years,
Made Perpetual by 9 Geo. L
A&t.
and no longer.
C. 8. S. 3.
Anno
[281]
Anno 4to Geo. I. Cap. 11.
An Act for the further preventing Robbery,
Burglary, and other Felonies, and for
the more effectual Transportation of Fe-
lons, and unlawful Exporters of Wool;
and for declaring the Law upon fome
Points relating to Pirates.
A
Act II &
12 W. III.
be tried as is
7.
ND be it hereby declared, That all and Offenders
every Perſon and Perfons who have com- against the
mitted or fhall commit any Offence or Offences, for
which they ought to be adjudged, deemed and taken C. 7. may
to be Pirates, Felons, or Robbers, by an Act made directed by
in the Parliament holden in the Eleventh and 28 Hen.
Twelfth Years of the Reign of his late Majeſty King VIII. C.15.
William the Third (intituled, An Act for the more
effectual Suppreffion of Piracy) may be tried and
judged for every fuch Offence in fuch Manner and
Form as in and by an Act made in the Twenty-
Eighth Year of the Reign of King Henry the Eighth
is directed and appointed for the Trial of Pirates,
and ſhall and ought to be utterly debarred and ex-
cluded from the Benefit of Clergy for the faid Offen- And exclud-
ces; any Law or Statute to the contrary thereof in ed fromCler-
any wife notwithſtanding.
gy.
8. Provided always, That nothing in this Act con- This Alt
tained ſhall extend or be conftrued to extend to
Oo
fuch shall not ex-
Perfons land.
tend to Scot-
[282]
But to all
the King's
Dominions
in Ameri-
ca, and be
taken as a
publick Act.
12 Ann.
St.2. C.18.
Perfons as fhall be convicted or attainted in that Part
of Great-Britain called Scotland.
9. And be it alfo enacted, that this Act fhall ex-
tend to all his Majefty's Dominions in America, and
fhall be taken as a publick Act.
Anno 4to Geo. I. Cap. 12.
An Act for enforcing and making perpetual
an Act of the twelfth Year of her late
Majefty, (intituled, An Act for the
pre-
Serving of all fuch Ships, and Goods there-
of, which fhall happen to be forced on
Shore, or ſtranded upon the Coafts of this
Kingdom, or any other of her Majefty's
Dominions ;) and for inflicting the Pu-
niſhment of Death on fuch as fhall wilful-
ly burn or destroy Ships.
I.
HEREAS the Act made in the twelfth
W
Year of the Reign of her late Majefty Queen
Anne, (intituled, An Act for the preferving of all
fuch Ships, and Goods thereof, which fhall happen to
be forced on Shore, or ſtranded upon the Coaſt of this
Kingdom, or any other of her Majefty's Dominions; )
will expire at the End of this prefent Seffion of Parlia-
ment,
[283]
]
ment, unless the fame be continued: And whereas the
faid A&t hath been found by Experience to be of great
Ufe and Benefit to the Sea-faring Men and Merchants
of this Kingdom, and other his Majefty's Dominions :
Be it therefore enacted by the King's moft Excellent
Majefty, by and with the Advice and Confent of the
Lords Spiritual and Temporal, and Commons in this
preſent Parliament affembled, and by the Authority
of the fame, That the faid recited Act, (intituled An The recited
Act for the preſerving of all fuch Ships, and Goods At made
thereof, which ſhall happen to be forced on Shore, or
ftranded upon the Coafts of this Kingdom, or any
other of her Majeſty's Dominions,) and all the Clauſes,
Matters and Things therein contained, fhall be and is
hereby declared to be made perpetual.
Perpetual.
of the Cin-
2. Provided always, and it is hereby further enact- The faid
ed, That the faid Act, or any thing therein contained, extend to
Alt ſhall not
ſhall not be conſtrued to extend to, or any ways affect the Admi-
the antient Juriſdiction and Ufage of the Admiralty-ralty Court
Court of the Cinque Ports, or the Officers thereto be- que Ports.
longing; but the proper Officers of the ſaid Admi-
ralty - Court fhall be and are hereby authorized and
impowered to put the faid Act in Execution within
the Jurifdiction of the faid Cinque Ports, in as full
and ample Manner to all Intents and Purpoſes, as any
other Perfon or Perfons are by the faid Act appointed
to do in any other Parts of this Kingdom.
3. And for the effectual preventing the wilful Caft-
ing away, burning, or otherwife deftroying of Ships by
Oo 2
the
[ 284 ]
prejudice the
Infurers,
the Owners, Maſters, and Mariners thereof, and there-
Any Owner, to belonging: Be it enacted by the Authority aforefaid,
Captain,
&c. wilful-
That if any Owner of, or Captain, Maſter, Mariner, or
by destroying other Officer belonging to any Ship, fhall, after the
any Ship, to twenty-fourth Day of June, which ſhall be in the
Year of our Lord, one Thouſand ſeven Hundred and
&c. fhall Eighteen, wilfully caft away, burn, or otherwiſe de-
fuffer Death.
By 11 Geo. ftroy the Ship of which he is Owner, or unto which
I. C. 29. he belongeth, or in any Manner of wife direct or pro-
S. 5. 6. 7. cure the fame to be done, to the Prejudice of any Per-
This Claufe
fon or Perſons that ſhall underwrite any Policy or Pc-
and the Of-licies of Infurance thereon, or of any Merchant or
fenders
Merchants that ſhall load Goods thereon, he ſhall ſuffer
ouſted of
Clergy, &c. Death.
is explained,
Note, The
first Section
is expired.
Anno 5to Geo. I. Cap. 11.
An Act against Clandeftine Running of un-
cuftomed Goods, and for the more effec-
tual preventing of Frauds relating to the
Cuftoms.
2.
AND whereas Rum is now imported in much
greater Proportions than formerly: And
of this Act whereas the importing thereof in Small Casks or Veffels
Times done with Defign, that the fame may
more eafily, privately, and clandeftinely be carried off
and conveyed without paying the Duties: For Reme-
dy whereof, Be it Enacted by the Authority aforefaid,
is many
That
[ 285 ]
in
any
ed in Casks
the Seamen
on board.
That if after the Twenty Ninth Day of September, Rum import.
One Thouſand Seven Hundred and Nineteen, any under 20
Rum fhall be imported or brought into Great Britain, Gallons for-
or into any Port, Harbour, Haven, or Creek thereof, feited; un-
lefs füch
Cask or Veffel, not containing twenty Gallons Rum were
at the leaft (excepting only for the Ufe of the Seamen for the Ufe of
then belonging to and on board fuch Ship or Veffel) name
all fuch Rum, or the Value thereof, fhall be forfeit- For the Con-
ed; nevertheleſs if it fhall be made appear, to the nuance of
this Claufe,
Satisfaction of the principal Officers of the Cuſtoms fee 9 Geo. I.
at the Port of Importation, that fuch Rum, fo im- C. 8. S. 8.
ported in ſmall Casks, was for the Ufe of the Mafter C. 28, S. 3.
or Seamen belonging to the Ship or Veffel in the & 8 Geo.
Voyage, or imported by Merchants or Traders, with- II. C. 21.
out Fraud or Concealment, that then and in every which last it
fuch Caſe the ſaid Officers are hereby impowered and is continued
till 29 Sep-
directed to admit fuch Rum to an Entry, and cauſe tember,
the Duties thereof to be accepted, inſtead of the 1742, and
Forfeiture thereof before mentioned; any Thing here-from thence,.
in contained to the contrary notwithſtanding.
1
2 Geo. II.
S. 3. By
&c.
Goods taken
3. And be it further enacted by the Authority Foreign
aforefaid, That in Cafe any Foreign Goods, Wares, or in at Sea by
Merchandizes, fhall, after the five and twentieth Day any Collier,
of March, One Thouſand Seven Hundred and Nine- &c. to be
landed, or
teen, by any Collier, Fiſher-Boat, or other Coafting put on board
Veffel or, Boat, be taken in at Sea, or out of any any other
Veffel with
Ship or Veffel whatſoever, in order to be landed or out Payment
put into any other Ship, Veffel or Boat, within the of Duties,
Limits of any Port, without Payment of the Cuſtoms forfeited;
and other Duties due and payable for the fame, fuch
Goods,
And the
Mafter to
*
[286]
the Value,
unless in cafe
tinuance of
I.
8. 2 Geo.
forfeit treble Goods, Wares and Merchandizes fhall be forfeited,
and the Mafter of fuch Collier, Fisher-Boat, or other
of Neceffity. Coafting Veffel or Boat, fhall forfeit treble the Value
For the Con- of fuch Goods, unlefs in Cafe of Neceffity, which
this Claufe, fuch Mafter fhall immediately give Notice of, and
fee 9 Geo. make Proof before the Chief Officers of the Cuftoms
1. C. 8. S. of the firſt Port of this Kingdom where he ſhall ar-
II. C. 28. rive; and the Maſter, Purſer, or other Perfon taking
S. 3. & 8 Charge of the Ship or Veffel, out of which fuch
Goods fhall be taken in at Sea, unleſs in Cafe of
By which Neceffity, as aforefaid, ſhall forfeit treble the Value
Laſt it is con- of fuch Goods fo unfhipt; one Moiety of which For-
tinued till 29
September, feiture to be for the Uſe of his Majefty, his Heirs and
Succeffors, and the other Moiety to him, her, or
from thence,
&c. them, who will inform or fue for the fame, and
ſhall and may be recovered in like manner as is here-
in after mentioned.
Geo. II.
C. 21. S. 3.
laft
1742, and
Goods not
feited.
For the Con-
4. And whereas in Ships from foreign Parts,
reported, and Goods are often found at clearing fuch Ships concealed
found after
clearing the in falfe Bulk-heads between the Linings and falfe
Ship, for Knees or in concealed Lockers, in order to their being
landed without Payment of Duties, fo that 'tis almoft
tinuance of impoffible for Officers of the Customs to discover them
this Clauſe without having fome previous Information: For Pre-
See 9 Geo.
I. C. 8. S. vention of which fraudulent Practices, Be it enacted
8: 2 Geo. by the Authority aforefaid, That from and after the
five and twentieth Day of March, one Thouſand ſe-
ven Hundred and Nineteen, all Goods not reported,
C. 21. S. 3. and found, after the clearing the Ship by the proper
Officer or Officers of the Cuftoms, fhall be liable to
II. C. 28.
S. 3. & 8
Geo. II.
By which
laft it is
Forfeiture,
[ 287 ]
'till the
29th of
Forfeiture, and fuch Goods fhall and may be feized continued
and profecuted in the Manner herein after mention-
ed; any Law or Cuftom to the contrary notwith- September
ftanding.
1742, and
from thence
&c.
Tons or
the Coafts,
count of the
treble the
For the Con-
8. And whereas divers Ships and Veffels of the Ships of 50
Burthen of fifty Tons, or under, laden with Coffee, under, bo-
Tea, Cocoa-Nuts, French wrought Silks, Eaft-India vering on
Goods prohibited to be worn in this Kingdom, Pepper, Officers may
and other Spices, Brandy, Spirits, and other custom- enter and
able and prohibited Goods, pretending to be bound for take an Ac-
foreign Parts, do frequently lie hovering on the Coafts
Lading, and
of this Kingdom, with Intention to run the fame pri- demand Se-
vately on Shore, as Opportunity offers, to the great Di-curity in
minution and Lofs of the Revenue, and ruin of fair value of the
Traders; and by Reafon of the faid Veffels fo hovering, Goods.
frequent Opportunities are found for carrying on the tinuance of
clandeftine Trade of exporting Wool, and other ftaple this Claufe
Commodities of this Kingdom prohibited to be tranſport- See 9 Geo.
ed: For the better preventing whereof, Be it declared
and enacted by the Authority aforefaid, That from
and after the five and twentieth Day of March, one
Thouſand ſeven Hundred and Nineteen, where any C. 21. S. 3.
Ship or Veffel of the Burthen of fifty Tons, or under, By which
laft it is
laden with cuftomable or prohibited Goods, ſhall be continued
found hovering on the Coaſts of this Kingdom, with- 'till the
in the Limits of any Port, and not proceeding on her 29th of
September
Voyage for foreign Parts, or to fome other Port of this
Kingdom, Wind and Weather permitting, It ſhall and from thence
may be lawful to and for any Officer or Officers of his
Majeſty's Cuſtoms to go on board every ſuch Ship or
Veffel,
I. C. 8. S.
8: 2 Geo.
II. C. 28.
S. 3. & 8
Geo. II.
1742, and
&c.
[288 ]
Veffel, and to take an Account of the Lading, and to
demand and take Security from the Mafter or other
Perſon having or taking the Charge or Command of
fuch Ship or Veffel in that Voyage, by his own Bond
by him to be entred into unto his Majefty, his Heirs
and Succeffors, in fuch Sum or Sums of Money as
ſhall be treble the Value of fuch foreign Goods then
on board, with Condition, that fuch Ship or Veffel
(as foon as Wind and Weather, and the State and
Condition of fuch Ship or Veffel doth permit) fhall
and will proceed regularly on fuch Voyage, and fhall
land fuch foreign Goods in and at fome foreign Port
Mafter,&c. or Ports; and if ſuch Maſter or other Perſon having
refuſing to
or taking the Charge or Command of fuch Ship or
Veffel, ſhall upon fuch Demand refuſe to enter into ſuch
having fo Bond, or having entered into fuch Bond, ſhall not de-
not proceed- part or proceed regularly on fuch Voyage (as ſoon as
ing on his Wind, Weather, and the State and Condition of fuch
Voyage,
Ship or Veffel fhall permit) unleſs otherwiſe ſuffered
to make a longer Stay by the Collector (or other prin-
cipal Officer in his Abfence) of fuch Port where fuch
Ship or Veffel fhall be, not exceeding twenty Days,
The foreign then and in either of the faid Cafes, all the foreign
Goods may Goods fo on board fuch Ship or Veffel fhall and
of the Ship, may, by any Officer or Officers of the Cuftoms, by
and fecured, Direction of the Collector or other principal Officer,
and Custom as aforefaid, be taken out of and from fuch Ship or
enter into
Bond, or
done, and
be taken out
paid.
Veffel, and forthwith brought on Shore and fecur-
ed; and in cafe the faid Goods are cuftomable, the
Cuſtoms and other Duties fhall be paid for the fame;
And Wool and as concerning Wool or any prohibited Goods lia-
ble
[ 289 ]
ble to Forfeiture, which may be found on Board fuch or prohibited
Goods for-
Ships or Veffels at the Time of their Unlading, as feited.
aforefaid, the fame are hereby declared to be Subject
to Forfeiture, and the Officers of the Cuſtoms fhall
and may proſecute the fame, as alfo the Ship or
Veffel, in Cafe fhe fhall be liable to Condemnation
as in the Manner herein after-mentioned.
t
to be deliver-
9. Provided always, That after fuch Goods are fo such Goods
taken out of fuch Ship or Veffel, and brought on brought on
Shore and fecured by fuch Officer or Officers, fuch Shore, Bond
Bond fo to be given as aforefaid, fhall be void and ed up.
delivered up without any Fee or Reward for taking
or delivering up the fame; and fuch Bond not being How Bonds
otherwiſe diſcharged, fhall, on a proper Certificate not other-
wife dif
returned under the Common Seal of the Chief Ma- charged fhall
giſtrate in any Place or Places beyond the Seas, or be vacated.
under the Hands and Seals of two known Britiſh
Merchants upon the Place, that fuch Goods were
there landed, or upon Proof by credible Perfons,
that fuch Goods were taken by Enemies or periſhed
in the Seas (the Examination and Proof thereof being
left to the Judgment of the Commiffioners of the
Cuſtoms) fhall be vacated and diſcharged.
14. And whereas in the Preamble of the Act made,w. & M.
in the first Year of King William and Queen Mary, Seff.1.C32.
for the better preventing the Expertation of Wool,
and encouraging the Woollen Manufactures of this
Kingdom, Wool, Wool-fells, Mortlings, Shortlings,
and Yarn made of Wool, Wool-flocks, Fullers-Earth,
РР
Fulling-Clay,
[290]
Fulling-Clay, and Tobacco-Pipe-Clay, are enumerated,
but in the enacting Part thereof, which relates to the
carrying Wool Coast-wife, Wool only is mentioned,
and the other enumerated Goods left out, whereby fre-
quent Opportunities are given for the Exportation of
them, contrary to the true Intent and Meaning of the
Provifions Said Act: It is therefore hereby enacted by the Au-
for prevent-thority aforefaid, That from and after the five and
ing the Ex-
twentieth Day of March, One Thouſand Seven
portation of
Wool to ex- Hundred and Nineteen, the like Provifion made for
tend to Wool- preventing the Exportation of Wool in and by the
fells, Mort-
lings, &c. Act before-mentioned, is hereby directed and appoint-
ed to extend to Wool-fells, Mortlings, Shortlings,
Yarn made of Wool, Wool-flocks, Fullers-Earth,
Fulling-Clay, and Tobacco-Pipe-Clay aforefaid car
ried Coaft-wiſe; any Thing in the ſaid Act, or in
any other Act to the contrary notwithſtanding.
Diftribution
tures.
27. And be it further enacted by the Authority
of Forfei- aforefaid, That in all Cafes, touching which no fpe-
cial Diſtribution is provided by this Act, one Moiety
of the ſeveral Penalties and Forfeitures in this Act
mentioned, ſhall be to the Ufe of his Majeſty, his
Heirs and Succeffors; and the other Moiety to fuch
Perſon or Perſons as fhall fue for and profecute the
fame, by Bill, Plaint, or Information, in any of his
Majefty's Courts of Record at Westminster, or in the
Court of Exchequer in Scotland, (except where it is
in this Act otherwife directed) wherein no Effoign,
Protection, or Wager of Law, fhall be allowed.
Anno
[291]
Anno 6to Geo. I. Cap. 19.
An Act for making Perpetual fo much of
an Act made in the Tenth Year of the
Reign of Queen Anne, for the reviving
and continuing feveral Acts therein men-
tioned, as relates to the building and re-
pairing County Goals; and alſo an Act
of the Eleventh and Twelfth Years of the
Reign of King William the Third, for
the more effectual Suppreffion of Piracy;
and for making more effectual the Act
of the Thirteenth Year of the Reign of
King Charles the Second (intituled, An
Act for eſtabliſhing Articles and Orders
for the regulating and better Government
of his Majeſty's Ships of War and For-
ces by Sea.)
4.
AND whereas by an Act made in the Seffions 13 Car. II.
of Parliament held in the Thirteenth Year of St. 1. C. 9.
the Reign of his late Majefty King Charles the Second,
(intituled, An Act for eftabliſhing Articles and Or-
ders for the regulating and better Government of
his Majeſty's Ships of War and Forces by Sea) Pro-
vifion is made for the Trial of Perfons belonging to
Pp 2
1
bis
[ 292 ]
his Majesty's Ships or Veſſels of War, who shall be
guilty of any Crimes or Offences, mentioned in the fe-
veral and refpective Articles in the fame Act con-
tained, which shall be done upon the main Sea, or in
Ships or Veffels lying or hovering in the main Stream
of great Rivers only, beneath the Bridges of the fame
Rivers, nigh to the Sea, within the Furifdiction of
the Admiralty, and in no other Places whatsoever:
But no Provifion is by the faid At made for the
Trial and Punishment of fuch Perfons who shall be
guilty of any of the Crimes or Offences mentioned in
the faid Articles, in Cafe the fame be committed upon
Perfons in the Shore in Foreign Parts: For Remedy whereof; Be
the Sea Ser- it further enacted by the Authority aforefaid, that if
fhall commit any Perſon or Perfons, who, from and after the firſt
Day of January, One Thouſand Seven Hundred
and Twenty, fhall be in actual Service and Pay in
Car.II.St.. his Majefty's Fleet or Ships or Veffels of War, fhall
C. 9. upon commit any of the faid Crimes or Offences men-
the Shore in tioned in the faid Articles, upon the Shore in any
Foreign
Parts, fhall Foreign Part or Parts, the Perfon or Perfons fo offend-
ing, fhall be, and is hereby declared to be fubject
and liable to be tried and puniſhed for the fame, in
the fame manner, to all Intents and Purpoſes, as if
the faid Crime or Crimes, Offence or Offences, had
been actually committed or done upon the main Sea,
or on Board any of his Majefty's Ships or Veffels
of War.
vice, who
any of the
Crimes men-
tioned in 13
be tried and
puniſhed as
if they had
been com-
mitted on the
main Sea.
Anno
[ 293 ]
Anno 6to Geo. I. Cap. 21.
An Act for preventing Frauds and Abufes
in the Publick Revenues of Excife, Cuf
toms, Stamp-Duties, Poft-Office, and
Houfe-Money.
•
Geo, I. C.
29.. AND whereas by an Act paffed in the last 5 Geo. I.
Seffion of Parliament, (intituled, An Ã&t C. 11.
against clandeftine Running of uncuftomed Goods, and
for the more effectual preventing of Frauds relating to
the Customs,) any Ship, Veffel, or Boat of the Bur-
then of Fifteen Tons, or under, wherein any Brandy,
Arrack, Rum, Strong-Waters, or Spirits of any
kind whatsoever, fhall be imported or brought into
Great-Britain, or into any Port, Harbour, Haven, Note, This
or Creek thereof, (except only for the Ufe of the Sea-Part of 5
men then on Board, not exceeding one Gallon for each 11. (being
fuch Seaman) fuch Ship, Veſſel or Boat, with all her S. 1.) is ex-.
Tackle, Furniture, and Apparel, or the Value there-pired.
of, is forfeited and loft, and fall and may be feized,
recovered, broke up and fold, as therein mentioned:
And whereas to elude the Penalty of the faid Law,
many ill-difpofed Perfons do now carry on a clandeftine
Trade, by importing thefe Goods in Ships and Veffels
above Fifteen Ton: For the Prevention hereof, Be it No Brandy,
enacted by the Authority aforefaid, That if any Fo- &c. to be
imported in.
reign Brandy, Arrack, Rum, Strong-Waters, or Spi- any Veffel of
rits of any kind whatſoever, fhall, from and after the 30 Tons or
the under..
1
[294]
See 8 Geo.
I. C. 18.
S. 1. By
the first Day of Auguft, one Thouſand feven Hun-
dred and Twenty, be imported or brought into Great-
Britain, or into any Port, Harbour, Haven, or Creek
thereof, in any Ship, Veffel or Boat, of the Burthen of
which it is thirty Tons, or under, (except only for the Uſe of the
extended to Seamen then belonging to and on board fuch Ship,
Veſſels under
forty Tons. Veffel, or Boat, not exceeding one Gallon for each ſuch
See 9 Geo. Seaman) every fuch Ship, Veffel, or Boats, with all
II. C. 35. her Tackle, Furniture and Apparel, as alfo all fuch
Penalty. Brandy, Arrack, Rum, Strong-Waters, or Spirits, or
S. 22.
After Seiz-
ure and
Condemnati-
the Value thereof, fhall be forfeited, and fhall and
may be ſeized by any Officer or Officers of the Cu-
ſtoms, and ſhall and may be profecuted by Bill, Plaint,
or Information, in any of his Majeſty's Courts of Re-
cord at Westminster, or in the Court of Exchequer in
Scotland, wherein no Effoign, Protection, or Wager
of Law ſhall be allowed; one Moiety of which For-
feiture ſhall be to the Ufe of his Majefty, his Heirs and
Succeffors, and the other Moiety to the Seizer or Pro-
fecutor; any Law or Cuſtom to the contrary not-
withſtanding.
30. And be it further enacted, That after the
Seizure and Condemnation of fuch Ship, Veffel or
on, Ship to Boat, the fame ſhall be intirely broke up, and publick-
be broke up ly fold to the beft Advantage, together with the
and fold,
Tackle, Furniture, and Apparel thereto belonging,
By 12 Geo. and the Produce thereof divided in like Manner as
I. C. 28. the Ships, Veffels and Boats, under fifteen Tons, are
Ship, &c. to be broke up, fold, and the Produce thereof divided
&c.
S. 14. Such
by
[ 295 ]
by Virtue of the faid Act of the laft Seffion of Parlia- may be used
ment.
Note, The firft Claufe of the Act referr'd to by
this thirtieth Section, (i. e. 5 Geo. I. C. 11.)
is expired, and therefore not before inſerted in
this Collection: The Words of it, fo far as re-
lates to the breaking up and felling the Ship,
&c. are as follows, viz. • And after the
• Seizure and Condemnation of fuch Ship,
Veffel, or Boat, the principal Officers of his
Majeſty's Cuſtoms in the Port or Place
where the fame fhall be at the Time of
• Condemnation, are hereby directed to cauſe
'fuch Ship, Veffel, or Boat to be intirely broke
up, and the Materials to be publickly fold
C
(
'
<
to the beſt Advantage, together with the
Tackle, Furniture and Apparel thereunto
'belonging, the Produce whereof to be divid-
ed as herein after mentioned.'
by the Offi-
cers of the
Customs.
C. II.
31. And whereas by the faid Act of the laft Seffion 5 Geo. I:
of Parliament, a Remedy was provided among ft other
Things, to prevent the Running of Brandy from Ships
or Veffels of the Burthen of fifty Tons, or under, which
lie hovering on the Coaft within the Limits of the
Ports of this Kingdom, and the Exportation of Wool;
and whereas fuch Ships or Vejels, to elude the
Intent of that Law, do lie at Anchor, or hover on the
"Coafts as near to the faid Limits as may be, whereby
the Mafters of fuch Ships or Veffels, have better Oppor-
tunities
[296]
Ships of or
under fifty
Tons hover-
ing within
See 9 Geo.
tunities of making their Signals to the Exporters of
Wool, and the Runners of uncuftomed and prohibited
Goods, to draw down to the Sea-fide (as they frequently
do in great Numbers of armed Men) and of Running
the Goods on Shore, and carrying off the Wool and Coin
of this Kingdom in their Boats, which make more fre-
quent Trips to and from the Shore than they could do,
if fuch Ships or Veffels were obliged to lie at a greater
Distance from the Shore: Be it therefore enacted by
the Authority aforefaid, That from and after the ſaid
firſt Day of August, one Thouſand ſeven Hundred
and twenty, where any Ship or Veffel of the Burthen
two Leagues of fifty Tons, or under, being in part or fully laden
of the Shore.
with Brandy, ſhall be found at Anchor or hovering
II. C. 35. within two Leagues from the Shore, and not proceed-
Commanding on her Voyage, Wind and Weather permitting,
ers of Men It fhall and may be lawful to and for the Command-
War, &c. er of any of his Majefty's Ships of War, Frigates, or
of the Cu- armed Sloops, appointed for the Guard of the Coafts,
or to and for the Commander of any Yacht, Smack,
Sloop, or other Boat or Veffel in the Service of his
Majefty's Cuſtoms, or to and for any Officer of his
Majefty's Cuftoms, to compel the Maſter or other
Perfon having the Charge of fuch Ship or Veffel, to
come into Port: And it is hereby declared, That fuch
Maſter or other Perfon, as aforefaid, as likewife fuch
Ship or Veffel, and the Brandy wherewith fuch Ship
or Veffel is laden, in Part or in the Whole, fhall be fub-
ject to the fame Rules, Regulations, Penalties, and
Forfeitures, as fuch Cargoes, Ships and Veffels, and the
Mafters or others taking Charge thereof, which hover
or Officers
Stoms may
compel the
Mafter to
come into
Port, &c.
within
[297]
within the Limits of any Port of this Kingdom, are
by the ſaid Act fubject unto; any thing therein, or in
any other Act to the contrary hereof in any wiſe not-
withſtanding.
or Brandy or
to be taken
Penalties,
32. And forafmuch as fuch illegal Importations and Master, &c.
Exportations cannot be carried on by fuch Ships or Suffering
Veffels, if the Mafters or Commanders thereof do take uncutomed
due Care to prevent the fame: Be it further enacted Goods to be
put out of
by the Authority aforefaid, That from and after the his Ship, or
ſaid firſt Day of August, one Thouſand ſeven Hundred Wool, &c.
and Twenty, if the Mafter, Purfer, or other Perfon in from the
taking Charge of fuch Ship or Veffel, fhall fuffer any Shore, be-
Brandy, or other uncuſtomed or prohibited Goods, to des former
be put out of the faid Ship or Veffel into any Hoy, shall fuffer
Lighter, Boat, or Bottom, to be laid on Land, or fhall fix Months
fuffer any Wool, Wool-fells, Mortlings, Shortlings, ment.
Impriſon-
Yarn made of Wool, Wool-flocks, Fullers-Earth, Ful-
ling-Clay, or Tobacco-Pipe-Clay, to be laden or taken
in from the Shore, to be put on board fuch Ship or
Veffel, to be carried to Parts beyond the Seas, he or
they ſo offending, being convicted thereof, fhall, be-
fides the Penalties and Forfeitures to which they will
be liable by any Law now in being, fuffer fix Months
Impriſonment without Bail or Mainprize.
Eight or
&c. Officers
34. And whereas the Punishment already inflicted more
by Law on fuch who fhall forcibly hinder Officers of the hindering,
Customs in the due Performance of their Duty,
proved infufficient: Be it therefore enacted by
Authority aforefaid, That from and after the
Q q
has wounding
the in Execution
first of their Of
fice, to be
Day transported.
[298]
;
1
Day of August, one Thouſand feven Hundred and
Twenty, if any Officer or Officers of the Cuftoms be
forcibly hindred, wounded, or beaten in the due Ex-
ecution of their Office, by any Perfons armed with
Club, or any manner of Weapon, tumultuouſly af-
ſembled in the Day or Night, to the Number of eight
or more Perfons, all and every Perfon or Perfons fo
forcibly hindering, wounding or beating the faid
Officer or Officers, or fuch as fhall Act in their Aid or
Affiſtance, being convicted thereof, fhall, by Order of
the Court, before whom fuch Offender or Offenders
fhall be convicted, be tranſported to fome of his Maje-
fty's Colonies and Plantations in America, for fuch
Term as the Court ſhall think fit, not exceeding feven
Years, in the fame Manner as by an Act made in the
4 Geo. I. fourth Year of his preſent Majefty's Reign, (intituled,
An Act for the further preventing Robbery, Burglary,
or other Felonies, and for the more effectual Tranfpor-
tation of Felons and unlawful Exporters of Wool, and
for declaring the Law upon fome Points relating to
Pirates,) the Offenders therein mentioned are to be
tranſported to the faid Colonies and Plantations.
C. II.
Returning
Britain or
Ireland,
Felony.
35. And be it enacted by the Authority aforefaid,
into Great- That if fuch Offender or Offenders fhall return into
Great-Britain or Ireland, before the Expiration of the
faid Term, contrary to the Intent and Meaning hereof,
he or they fo returning, fhall fuffer as Felons, and
have Execution awarded againſt them as Perfons at
tainted of Felony, without Benefit of Clergy.
36. Provided
[ 299 ]
36. Provided nevertheleſs, That if any fuch Of Offender be
fender ſhall within two Months after fuch his Offence, tion disco-
fore Convic-
and before his Conviction, difcover two or more of his vering two
Accomplices therein to the Commiffioners of the Cu- of his Ac-
complices,
ftoms in England or Scotland refpectively, fo as they, within two
or two of them at leaſt be convicted of fuch Offence, Months, to
the Offender ſo diſcovering fhall have and receive the
for each,
Sum of forty Pounds for every Offender ſo diſcovered and acquit
and convicted, as a Reward, for fuch his Diſcovery,
and fhall be clearly acquitted and diſcharged of fuch
his Offence.
have 40 1.
ted.
above any
other Re-
37. And be it further enacted by the Authority Other Per-
aforefaid, That from and after the firft Day of Au-vering in
fons difco-
guft, one Thouſand ſeven Hundred and Twenty, if three
any other Perfon or Perfons fhall, within three Months Months, to
have 401.
after fuch Offence fhall have been committed, difcover over and
to the faid Commiffioners reſpectively any Perfon or
Perfons who fhall have been guilty of fuch Offence, ward.
fo as fuch Offender or Offenders be convicted thereof,
fuch Diſcoverer or Difcoverers fhall have and receive
the like Reward of forty Pounds for every fuch Of-
fender fo diſcovered and convicted, over and above
any other Reward and Recompence which he or they
may be intitled unto on Account of the Goods fo car-
ried or conveyed away, which ſhall be recovered by
Means of fuch his or their Diſcovery, or on Account
of the Penalty which ſhall be recovered for the Run-
ing the faid Goods.
4
Q92
38. And
[300]
To be paid
by the
38. And be it further enacted by the Authority
Cafbier of aforefaid, That the Commiffioners of the Cuftoms in
the Customs. England and Scotland, fhall cauſe the ſeveral Rewards
of forty Pounds for the Diſcovery of the Offenders be-
fore mentioned, to be paid by the reſpective Receiver
General or Caſhier of the Cuffoms for the Time be-
ing, out of any publick Money in his Hands under the
Management of the faid Commiffioners, upon produc-
ing to them a Certificate or Certificates under the Hand
of the Judge or Juftice of the Court before whom the
Cauſe ſhall be tried, certifying the Conviction of the
Offender or Offenders; and the Money fo paid by
any Receiver General, as aforefaid, fhall be accepted
of and allowed in his Accounts as fo much paid to his
Majeſty; and he is and fhall be hereby diſcharged
thereof accordingly; any Law, Cuftom, or Uſage to
the contrary notwithſtanding.
and bow to
be tried.
Offences re- 44. And be it further enacted by the Authority
lating to the
aforefaid, That the feveral Offences in this Act men-
Cuſtoms,
&c. where tioned, relating to the Cuſtoms, or other Duties upon
Importation or Exportation, or to uncuſtomed or pro-
hibited Goods (except as in this Act is otherwife pro-
vided) fhall and may be heard, tried, and determined
by Bill, Plaint or Information in any of his Majeſty's
Courts of Record at Westminster, or in the Court of
Exchequer in Scotland refpectively, wherein no Ef-
foign, Protection, or Wager of Law fhall be allowed.
62. And
[301]
der,
bover-
62. And whereas divers Ships and Veffels of the
Burthen of fifty Tons, or under, laden with Tobacco,
Brandy, Spirits, and other cuftomable or prohibited
Goods, pretending to be bound for foreign Parts, do
frequently lie hovering on the Coafts of Ireland, with
Intention to run the fame privately on Shore, as Op-
portunity offers, to the great Diminution of his Maje-
fty's Revenue, and Ruin of fair Traders; and Ships or
Veſſels of the Burthen of fifty Tons or under, do fre-
quently lie hovering on that Coast, to take in Wool, not
lawfully licensed to be brought to England, and other
Staple Commodities of Ireland, prohibited to be export-
ed: For the better preventing whereof, Be it declared Ships of fifty
and enacted by the Authority aforefaid, That from Tons or un-
and after the firft Day of August, one Thouſand fe- ing on the
ven Hundred and Twenty, where any Ship or Veffel Coafts of
of the Burthen of fifty Tons or under, laden with within two
cuftomable or prohibited Goods, fhall be found at Leagues of
Anchor or hovering on the Coaft of Ireland, within the Shore,
two Leagues of the Shore, and not proceeding on her enter fuch
Voyage, Wind and Weather permitting, It ſhall and Ships, to
may be lawful to and for any Officer or Officers of
his Majesty's Cuftoms of this Kingdom, to go on Lading;
board every fuch Ship or Veffel, and to take an Ac- And take
count of the Lading, and to demand and take Secu- Security of
rity from the Maſter or other Perſon having or taking in treble the
the Charge or Command of fuch Ship or Veffel in Value of the
that Voyage, by his own Bond by him to be entred board, for
into unto his Majeſty, his Heirs and Succeffors, in fuch proceeding
Sum or Sums of Money as fhall be treble the Value of regularly
their Voyage.
fuch
Ireland,
Officers may
take Account
of their
the Mafters
Goods on
[302]
fuch Goods then on board, with Condition that fuch
Ship or Veffel (as foon as Wind and Weather, and the
State and Condition of fuch Ship or Veffel doth per-
mit) fhall and will proceed regularly on fuch Voyage,
and ſhall land fuch Goods (except Wool lawfully li-
cenfed as aforefaid) in and at ſome foreign Port or
Maſters re- Ports; and if fuch Mafter or other Perfon having or
fufing
Bonds, or taking the Charge or Command of ſuch Ship or Vef-
after giving fel, fhall upon fuch Demand refuſe to enter into fuch
Bond, or having entred into fuch Bond, fhall not de-
part or proceed regularly on fuch Voyage (as foon as
Days, Of Wind and Weather, and the State and Condition of
ficers may the fuch Ship or Veffel ſhall permit) unless otherwiſe ſuf-
Secure all
Goods, &c. fered to make a longer Stay by the Collector for other
it, not de-
parting in
twenty
Wool.
principal Officer in his Abfence) of fuch Port where
fuch Ship or Veffel fhall be, not exceeding twenty
Days, then, and in either of the faid Cafes, all the
Goods fo on board fuch Ship or Veffel, ſhall and may,
by any Officer or Officers of the Cuſtoms, by Directi-
on of the Collector, or other principal Officer, as afore-
ſaid, be taken out of and from fuch Ship or Veffel,
and forthwith brought on Shore and fecured; and in
cafe the faid Goods are cuftomable, the Cuftoms
and other Duties fhall be paid for the fame; and as
concerning Wool, or any prohibited Goods, or other
Goods liable to Forfeiture, which may be found on
board fuch Ship or Veffel at the Time of their un-
lading, as aforefaid, the fame are hereby declared to be
fubject to Forfeiture, and the Officers of the Cuſtoms
ſhall and may profecute the fame, as alfo the Ship or
Veffel, in cafe fhe fhall be liable to Condemnation.
63. Provided
1
[303]
the Goods,
63. Provided always, That after fuch Goods are fo On landing
taken out of fuch Ship or Veffel, and brought on Shore, Bond void.
and fecured by fuch Officer or Officers, fuch Bond fo
to be given, as aforefaid, fhall be void, and delivered
up without any Fee or Reward for taking or deliver-
ing up the fame; and fuch Bond not being otherwiſe Bonds not
otherwiſe
diſcharged, fhall, on a proper Certificate returned diſcharged,
under the Common Seal of the chief Magiftrate in any to be vacat-
Place or Places beyond the Seas, or under the Hands ed on Certi
ficate.
and Seals of two known Britiſh or Irish Merchants
upon the Place, that fuch Goods were there landed,
or upon Proof by credible Perfons, that fuch Goods
were taken by Enemies, or periſhed in the Seas, (the
Examination and Proof thereof being left to the Judg-
ment of the Commiffioners of the Cuftoms in Ireland)
fhall be vacated and diſcharged.
64. And it is hereby enacted by the Authority Commiffion
aforefaid, That the Commiffioners and Sub-Commiffi- ers of Ex-
cife in Ire--
oners of Exciſe reſpectively, in their reſpective Limits land to de-
and Diſtricts in Ireland, or the major Part of them, termine all
Offences re--
are hereby authorized and required to hear and deter-
lating to
mine all Offences against any Clauſe or Article con- Wool, &c.
tained in this or any other Act of Parliament now in
Force in Ireland, made for preventing the unlawful
Exportation of Wool, Wool-fells, Shortlings, Mort-
lings, Wool-flocks, Worſted, Bay, or Woolen Yarn,
Cloth, Serge, Bays, Kerfeys, Says, Frizes, Druggets,
Cloth-Serges, Shalloons, or any other Drapery-Stuffs,
or Woolen Manufactures made or mixed with Wool
OR
[ 304 ]
None may
claim Pro-
*or Wool-flocks, and manufactured in Ireland; which
Commiffioners or Sub-Commiffioners fhall and may
proceed in a fummary Way, and give Judgment or
Sentence, and levy the Fines, Penalties, and Forfei-
tures thereupon, in fuch or the like Manner, as they
are enabled to proceed, give Judgment, and levy the
Fines, Penalties and Forfeiture, in Caſes of Exciſe in
Ireland, by any Act or Acts of Parliament now in
Force in that Kingdom.
65. And be it further enacted, That no Perfon
or Perfons fhall be admitted to claim Property in any
Seizure in Seizure that ſhall be made upon any Claufe or Claufes
Ireland 'till in any Act of Parliament for preventing the unlawful
they have
given Secu- Exportation of Wool from Ireland, 'till he or they
rity, &c. fhall firſt have given fufficient Security to the faid
Commiffioners or Sub-Commiffioners of the District
where fuch Seizure fhall be made, to anſwer the Pe-
nalties attending the Forfeiture thereof, if fuch
Seizure ſhall be adjudged to be good in Law.
66. And it is hereby further enacted by the Autho-
rity aforefaid, That if any Perfon or Perfons fhall be
fued, moleſted, or profecuted for any thing done by
Virtue or in Purſuance of this Act, or any of the
Claufes therein contained, fuch Perfon and Perfons
General If- fhall and may plead the General Iffue, and give this
fue.
Act and the fpecial Matter in Evidence for his, her,
or their Defence; and if afterwards a Verdict fhall
paſs for the Defendant or Defendants, or the Plaintiff
or Plaintiffs fhall difcontinue his or their Action, or be
nonfuited,
[ 305 ]
nonfuited, or Judgment ſhall be given againſt him or
them upon Demurrer, or otherwiſe, then fuch Defend-
ant or Defendants fhall have full Cofts to him or
them awarded againſt fuch Plaintiff or Plaintiffs.
Anno 8⁰⁰ Geo. I. Cap. 18.
An Act to prevent the clandeftine Running
of Goods, and the Danger of Infection
thereby; and to prevent Ships breaking
their Quarentine; and to fubject Copper-
Ore, of the Production of the Britiſh
Plantations, to fuch Regulations, as other
enumerated Commodities of the like Pro-
duction are subject.
I.
This Act is
29th of
FORA
SMUCH as the Laws already made By 8 Geo.
to prevent the fecret Landing of prohibited and II. C. 21.
uncuſtomed Goods, have been found infufficient for that continued
Purpoſe, it being notorious that fuch infamous and per- 'till the
nicious Practices are ftill continued in open Defiance of September
the Laws, to the great Diminution of the publick Reve- 1742, and
nues, the Difcouragement of honeft Traders, and dur-from thence,
ing the Time of Infection abroad, to the endangering
the Health and Lives of many Thouſands of his Maje-
fy's innocent Subjects, by bringing into this Kingdom,
from infected Places, Goods, apt to retain Infection
And whereas by an A&t paſſed in the fifth Year of his 5 Geo. I.
prefent Majefty's Reign (intituled, An Act againft C. 11.
<
Rr
clandeftine
&c.
[ 306 ]
6 Geo. I.
C. 21. S.
29.
A
No Brandy,
&c. to be
imported in
any Veel
less than
forty Tons,
See 9 Geo.
II. C. 35.
S. 22.
clandeftine Running of uncuftomed Goods; and for
the more effectual preventing of Frauds relating to the
Cuſtoms,) it was enacted that any Ship, Veffel, or
Boat, of the Burthen of fifteen Tons, or under, wherein
any Brandy, Arrack, Rum, Strong-Waters, or Spirits
of any Kind whatſoever, ſhould be imported or brought
into Great Britain, or into any Port, Harbour, Haven
or Creek thereof (except as therein is excepted) fuch
Ship, Veffel or Boat, with all her Tackle, Furniture,
and Apparel, or the Value thereof, fhould be forfeited
and loft, and should and might be feized, recovered,
broke up, and fold, as therein mentioned, which For-
feiture is, by an Alt paffed in the fixth Year of the
Reign of his prefent Majefty (intituled, An Act for pre-
venting Frauds and Abufes in the publick Revenues
of Exciſe, Cuſtoms, Stamp-Duties, Poft-Office, and
Houſe-Money,) extended to Veffels of thirty Tons: And
whereas to elude the Intent of the Jaid Laws, many
Perfons do now carry on a clandeftine Trade by im-
porting thofe Goods in Ships and Veffels above the Bur-
then of thirty Tons; For the Prevention thereof, Be it en-
acted by the King's moft Excellent Majefty, by and
with the Advice and Confent of the Lords Spiritual
and Temporal, and Commons in this prefent Parlia-
ment affembled, and by the Authority of the fame,
That if any foreign Brandy, Arrack, Strong-Waters,
or Spirits of any Kind whatſoever fhall, from and after
the twenty-fifth Day of March, one Thoufand feven
Hundred and Twenty Two, be imported or brought
into Great-Britain, or into any Port, Harbour, Ha-
ven, or Creek thereof, in any Ship, Veffel, er Boat of
the
[307]
the Burthen of forty Tons, or under, according to
the Admeaſurement prefcribed in the laſt mentioned
Act (except only for the Ufe of the Seamen then be- Except &c.
longing to and on board fuch Ship, Veffel, or Boat,
not exceeding two Gallons for each ſuch Seaman) eve-
ry fuch Ship, Veffel, or Boat, with all her Tackle,
Furniture, and Apparel, as alſo all fuch Brandy, Ar-
rack, Strong-Waters or Spirits, or the Value thereof,
ſhall be forfeited, and ſhall and may be feized by any Penalty.
Officer or Officers of the Cuſtoms, and ſhall and may
be proſecuted and divided in ſuch Manner and Form
as is preſcribed in the faid Acts concerning Ships, Vef-
fels, and Boats of fifteen or thirty Tons, as aforefaid;
any Law or Cuſtom to the contrary notwithſtanding.
Condemnati-
burnt, and
2. And be it further enacted by the Authority
aforefaid, That after the Seizure and Condemnation After
of fuch Ship, Veffel, or Boat, the principal Officers of Seizure and
his Majeſty's Cuſtoms in the Port or Place where the on, Hull of
fame ſhall be at the Time of fuch Condemnation, are Ship to be
hereby directed to caufe the Hull of fuch Ship, Veffel, the Tackle,
or Boat, to be burnt and wholly deftroyed, and the &c. fold.
Tackle, Furniture, and Apparel thereunto belonging, By 12 Geo.
to be publickly fold to the beſt Advantage, and the S. 14. Ship,
Produce thereof to be divided, as herein after menti- &c. may be
oned, the reaſonable Charges of profecuting, felling,
and burning, as aforefaid, being firſt deducted.
3. And whereas many Frauds are committed, to the
Prejudice of the Revenue, in the clandeftine Running
of Goods imported, and in relanding Certificate Goods,
Rr 2
as
I. C. 28.
Officers of.
uſed by the
the Cuſtoms,
E 308
308 I
as well as in exporting Wool, and the Coin of this King-
dom, by Watermen and others in Boats, Wherries,
Pinnaces, Barges, and Gallies, which are fometimes
rowed with fix, eight, or twelve Oars, Built on purpofe
for the Smuggling Trade; and in cafe they are purfued
by the Officers, do make their Efcape, which may be
alfo a Means of bringing in the Infection; For the
preventing whereof, Be it further enacted by the Au-
thority aforefaid, That from and after the twenty-
fifth Day of March, one Thouſand ſeven Hundred
Boats, &c. and Twenty Two, if any Boat, Wherry, Pinnace,
rowing with
more than Barge, or Gally, rowing, or made or built to row,
four Oars, with more than four Oars, fhall be found upon the
above or be- Water, or in any Barge-houſe, Work-houfe, Shed, or
don Bridge, other Place, within any of the Counties of Middlefex,
&c. forfeit- Surry, Kent, or Effex, or in the River of Thames,
low Lon-
edo
either above or below London Bridge or within the
Limits of the Ports of London, Sandwich, or Ipfwich,
or the Members or Creeks to them, or either of them
refpectively belonging, fuch Boat, Wherry, Pinnace,
Barge, or Gally, with all her Tackle and Furniture,
or the Value thereof fhall be forfeited, and fhall and
may be ſeized by any Officer or Officers of the Cu-
Owner, &c. ftoms; and the Owner or Owners thereof, or any Per-
to forfeit fon ufing, or rowing in fuch Boat, Wherry, Pinnace,
Barge, or Gally, fhall alſo forfeit and lofe the Sum of for--
ty Pounds; and fuch Seizure and Forfeiture fhall and
may be profecuted in the Manner herein after menti-
Boat, &c. oned; and after the Seizure and Condemnation of
after Con- fuch Boat, Wherry, Pinnace, Barge, or Gally, the
to be burnt. principal Officers of his Majefty's Cuſtoms in the
40 1.
demnation
Port
[ 309 ]
Port or Place where the fame fhall be at the Time of
fuch Condemnation, are hereby directed to caufe fuch
Boat, Wherry, Pinnace, Barge, or Gally, to be burnt, By 12.Geo.
I. C. 28.
and wholly deſtroyed, and the Tackle, Furniture,
S. 14. The
and Apparel thereunto belonging, to be publickly fold Boat, &c.
to the beſt Advantage, the Produce whereof to be di- may be used
by the Offi-
vided as herein after mentioned; the reaſonable
cers of the
Charges of profecuting, felling, and burning, as afore- Customs.
ſaid, being firſt deducted..
this Att
tend.
4. Provided always, That this Act fhall not ex- To what
tend, or be conftrued to extend to any Barge or Gal- Barges, &c.
ley belonging to, or to belong to his Majefty, or the shall not ex-
Royal Family, or any of them, or to any Long-Boat,
Yaul, or Pinnace, belonging to, and uſed in the Ser-
vice of any Merchant Ship, or Veffel, or to fuch Boat,
Wherry, Pinnace, Barge, or Galley, as fuch be licenſed
by the Lord High Admiral, or Commiffioners for exe-
cuting the Office of Lord High Admiral, or the major
Part of the fame Commiffioners, for the Time being;
which Licences ſhall be in Writing, figned by the
faid Lord High Admiral, or Commiffioners for exe-
cuting the Office of Lord. High Admiral, or the major
Part of fuch Commiffioners, for the Time being, and
ſhall be granted without any Fee or Charge whatfo-
ever..
23. And be it further enacted by the Authority Penalties
aforefaid, That the feveral Penalties and Forfeitures in how to be
this Act mentioned, fhall and may be profecuted and profecuted,.
determined by Bill, Plaint, or Information, in any of his
Majeſty's
[ 310 ]
Majefty's Courts of Record at Westminster, or in the
Court of Exchequer at Edenburgh refpectively, (ex-
cept where it is in this Act otherwife directed) where-
in no Effoign, Protection, or Wager of Law fhall be
allowed; and one Moiety of the faid ſeveral Penalties
and Forfeitures fhall be to the Ufe of his Majefty, his
Heirs and Succeffors, and the other Moiety to fuch
Perfon or Perfons as will fue for or profecute the
fame.
Anno 8⁰⁰ Geo. I. Cap. 24.
}
An Act for the more effectual ſuppreſſing
I.
of Piracy.
7HEREAS the Number of Perfons com-
mitting Piracies, Felonies, and Robberies up-
on the Seas, is of late very much increased; and not-
withstanding the Laws already made and now in be-
ing, many idle and profligate Perfons have turned Pi-
rates, and betaken themselves to that wicked Courſe of
Life, whereby the Trade and Navigation into remote
Parts will greatly fuffer, unless fome further Provifion
be fpeedily made for bringing fuch Perfons, and all others,
who shall be any ways aiding and affifting, or in Con-
federacy with them, to condign Punishment; Be it
therefore declared and enacted by the King's moſt Ex-
cellent Majefty, by and with the Advice and Confent
of the Lords Spiritual and Temporal, and Commons
in
[311]
or in
any
or others
Pirates,
in this preſent Parliament affembled, and by the Au-
thority of the fame, That if any Commander or Ma- Command-
ers of Ships
fter of any Ship or Veffel, or any other Perfon or Per-
fons, fhall, from and after the twenty-fifth Day of trading with
March, which fhall be in the Year of our Lord one furnishing
Thouſand ſeven Hundred and Twenty Two, any wife them with
trade with any Pirate, by Truck, Barter, Exchange, Stores, cor--
refponding
other Manner, or ſhall furniſh any Pirate, Fe- with them,
lon, or Robber upon the Seas, with any Ammunition, &c.
Provifion, or Stores of any Kind, or ſhall fit out any
Ship or Veffel-knowingly, and with a Defign to trade
with, or fupply, or correſpond with any Pirate, Felon,
or Robber upon the Seas; or if any Perfon or Perfons
fhall any ways confult, combine, confederate, or cor-
refpond with any Pirate, Felon, or Robber on the
Seas, knowing him to be guilty of any fuch Piracy,
Felony, or Robbery, fuch Offender and Offenders,
and every of them, fhall in each and every of the
faid Cafes, be deemed, adjudged, and taken to be Shall be ad
guilty of Piracy, Felony, and Robbery, and he and judged guilty
of Piracy,
they ſhall and may be inquired of, tried, heard, and &c. accord-
adjudged of and for all or any the Matters aforefaid, ing to 28
according to the Statute made in the twenty-eighth C. 15. &
Year of King Henry the Eighth for Pirates, and the 11 & 12
Statute made in the eleventh and twelfth Years of the W. III. C.
Reign of his late Majefty King William the Third,
fintituled, An Act for the more effectual fuppreffing
of Piracy) which by an Act made in the fixth Year of
his preſent Majeſty is made perpetual; and he and they
being convicted of all or any the Matters aforefaid,
fhall fuffer fuch Pains of Death, Lofs of Lands, Goods,
and.
Hen. VIII.
7.
[312]
Perfons be
longing to
any Veſſel
forcibly
Merchant
and Chattels, as Pirates, Felons, and Robbers upon
the Seas, ought to fuffer; and in cafe any Perfon or
Perfons belonging to any Ship or Veffel whatſoever,
upon meeting any Merchant Ship, or Veffel on the
boarding any high Seas, or in any Port, Haven, or Creek whatſoe-
Ship, and
ver ſhall forcibly board or enter into fuch Ship or Vef-
throwing fel, and though they do not feize and carry off fuch
over board, Ship or Veffel, fhall throw over board, or deſtroy any
&c. fhall be Part of the Goods or Merchandizes belonging to fuch
punished as Ship or Veffel, the Perfon or Perfons who ſhall be
guilty thereof, fhall in all Refpects be deemed and
puniſhed as Pirates, as aforefaid.
any Goods
Pirates.
with
2. And be it further enacted by the Authority
Ships fitted aforefaid, That every Ship or Veffel which ſhall be
out to trade fitted out with a defign to trade with, or fupply, or
Pirates, and correfpond with any Pirate, and all and every Goods
the Goods, and Merchandizes put on board the fame for any In-
forfeited,
half to the tent or Purpoſe to trade with any Pirate, Felon, or
Robber on the Seas, fhall be ipfo facto forfeited; one
Moiety thereof to the Ufe of the King's Majefty, his
Heirs and Succeffors, the other Moiety to the Perfon
or Perfons who fhall firft make Diſcovery, and
give Information of fuch Intent or Defign; and ſuch
Perfon or Perfons, who fhall firſt make fuch Diſcove-
ry, fhall and may fue for and recover the faid Ship or
Veffel, and all and every the Goods and Merchan-
dizes on board the fame, in the High Court of Admi-
ralty.
Crown,
half to the
Diſcoverer,
to be fued
for in the
Admiralty.
3. And
[313]
I
7. Shall be
3. And whereas there are fome Defects in the Laws
for bringing Perfons, who are Acceffaries to Piracy
and Robbery upon the Seas, to condign Punishment, if
the Principal, who committed fuch Piracy and Robbery,
is not, or cannot be apprehended and brought to fu-
fice; Be it therefore enacted by the Authority afore- Perfons de
ſaid, That all and every Perſon and Perfons whatſoe-clared Ac-
ceffaries to
ver, who, by the faid Statute made in the eleventh and Piracy by
twelfth Years of the Reign of King William the Third, 11 & 12
are declared to be Acceffary or Acceffaries to any Pi-W. III. C.
racy or Robbery therein mentioned, are hereby declar- deemed
ed, and fhall be deemed and taken to be principal Principals,
Pirates, Felons, and Robbers, and ſhall and may, tried and
from and after the faid twenty-fifth Day of March, Suffer as
one Thouſand ſeven Hundred and Twenty Two, befuck.
enquired of, heard, determined, and adjudged, in the
fame Manner, as Perfons guilty of Piracy and Robbe-
ry, may and ought to be enquired of, tried, heard,
determined, and adjudged by the ſaid Statute made in
the eleventh and twelfth Years of his late Majefty
King William, and being thereupon attainted and
convicted, fhall fuffer fuch Pains of Death, Lofs of
Lands, Goods, and Chattels, and in like Manner as
Pirates and Robbers ought by the faid Act to fuffer.
and be
4. And be it further enacted by the Authority Offenders
aforefaid, That all and every Offender or Offend-convicted on
ers, convicted of any Piracy, Felony, or Robbery, by excluded the
Virtue of this Act, fhall not be admitted to have the Benefit of
s f
this Alt,
Benefit Clergy.
[ 314 ]
}
Seamen
maimed in
Fight
Rewards in
Car. II.
Benefit of Clergy, but be utterly excluded of and from
the fame.
5. And to the End that a further Encouragement
may be given to all Seamen, and Mariners to fight and
against Pi- defend their Ships from Pirates, Be it enacted by the
rates, ball Authority aforefaid, That in caſe any Seaman or Ma-
receive the riner on board any Merchant Ship or Veffel, or any
22 & 23 other Ship or Veffel, fhall be maimed in Fight againſt
C.11. and any Pirate, every fuch Seaman and Mariner, upon
be admitted due Proof of his being maimed in ſuch Fight, fhall
into Green- not only have and receive the Rewards already ap-
wich Hofpi-
tal prefera-
pointed by a Statute made in the twenty-ſecond and
twenty-third Years of the Reign of King Charles the
difabled by Second, (intituled, An Act to prevent the Delivery up
Age.
of Merchant Ships, and for the Encreaſe of good and
ſerviceable Seamen) but ſhall alſo be admitted into and
provided for in Greenwich Hofpital, preferable to any
other Seaman or Mariner, who is difabled from Ser-
vice, or getting a Livelihood merely by his Age.
bly to one
War, who
any Goods
on board, in
Commander 8. And whereas great Interruptions and Inconve-
of a Man of niencies may attend his Majesty's Service, by the Cap-
fhall receive tains or Commanders, or other Officers of his Majefty's
Ships or Veffels of War, their receiving on board fuch
Order to Ships or Veffels, Goods and Merchandizes, and trad-
trade with, ing therewith contrary to Inftructions, which ftrictly
Silver, &c. forbid their doing the fame: To prevent therefore the
ſhall forfeit ſaid Interruptions and Inconveniencies for the future,
bis Com- Be it enacted by the Authority aforefaid, That in caſe
capacitated, any Captain, Commander, or other Officer of any of
except Gold,
mand, be in-
PL
his
[ 35 ]
Wages.
his Majefty's Ships or Veffels of War, whether fuch and loſe his
Ship or Veffel fhall be employed at Home or Abroad,
ſhall, from and after the twenty-ninth Day of Septem-
ber, in the Year of our Lord, one Thouſand ſeven
Hundred and Twenty Two, receive on board, or per-
mit to be received on board, fuch Ship or Veffel of
War, any Goods or Merchandizes whatſoever, in Or-
der to trade or merchandize with the fame, either up-
on his own or any other Perfon's Account, except
Gold, Silver, or Jewels, and except the Goods or Mer-
chandizes belonging to any Merchant Ship or Veffel
which may be ſhipwrecked or in imminent Danger of
being ſhipwrecked either on the High Seas, or in any
Port, Creek, or Harbour, within his Majefty's Domi-
nions at Home or Abroad, or elſewhere, in Order to
the preſerving them for their proper Owners; and ex-
cept fuch Goods or Merchandizes as they ſhall at any
Time be ordered to take or receive on board, by Or-
der of the Lord High Admiral of Great-Britain, or
the Commiffioners for executing that Office, for the
Time being, or any three or more of them, every fuch
Captain, Commander, or Officer of any of his Maje-
fty's Ships or Veffels of War, fo offending, fhall, upon
his being convicted thereof by a Court Martial, lofe
and forfeit the Command and Office he then fhall
have in the ſaid Ship or Veſſel of War, and ſhall be,
and he is hereby for ever afterwards rendred uncapa-
ble to ferve any longer in the fame, or in any other
Place or Office in the Naval Service of his Majefty,
his Heirs and Succeffors; and fuch Captain, Com-
mander, or other Officer offending, as aforeſaid, ſhall,
Sf 2
as
[ 316 ]
I
}
Such Com-
mander, and
the Proprie-
tors of the
Goods fhall
forfeit the
Value there-
of to the
and Green-
-
as a further Puniſhment for his faid Offence, lofé and
forfeit to his Majefty, his Heirs and Succeffors, all the
Wages due to him for his Service in the Ship or Veffel
of War whereunto he fhall belong, when or at any
Time after fuch Offence fhall be committed.
+4
9. And be it further enacted, That the faid Cap-
tain, Commander, or other Officer of the faid Ship or
Veffel of War, and all and every the Owners and
Proprietors of fuch Goods or Merchandizes put on
board fuch Ship or Veffel of War, as aforeſaid, ſhall
lofe, forfeit and pay the Value of all and every fuch
Difcoverer, Goods and Merchandizes fo put on board, as aforefaid;
wich Hofpi- one Moiety of fuch full Value to fuch Perfon or Per-
fons as ſhall make the firſt Diſcovery, and give Infor-
mation of or concerning the faid Offence, the other
Moiety of fuch full Value to and for the Ufe of Green-
Forfeitures wich Hoſpital; all which Forfeitures fhall and may
to be fued be fued for and recovered in the High Court of Ad-
miralty..
tal.
for in the
Admiralty.
Afia, Afri-
ca, and
America.
1
To extend to 10. And be it alfo enacted, That this Act fhall
extend to all his Majefty's Dominions in Afia, Africa,
and America, and fhall be taken as a publick Act,
To be taken and ſhall continue in force for ſeven Years, from the
as a publick
Alt, and be twenty-fifth Day of March, one Thouſand ſeven
in force for Hundred and Twenty Two, and from thence to the
Jeven Years.
End of the then next Seffion of Parliament.
perpetual by 2 Geo. II. C. 28. S. 7.
Made
1
Anno,
[317]
Anno 9no Geo. I. Cap. 8.
An Act for continuing fome Laws, and re-
viving others therein mentioned, for ex-
empting Apothecaries from ferving Pa-
rish and Ward Offices, and upon Furies,
and relating to Jurors; and to the Pay-
ment of Seamen's Wages, and the Prefer-
vation of Naval Stores, and Stores of
War; and concerning the Militia and
Trophy Money; and against clandeftine
Running of uncuftomed Goods, and for
more effectual preventing Frauds relat-
ing to the Customs, and Frauds in mix-
ing Silk with Stuffs to be exported..
3.
A&
C. 41
A
ND whereas by an Act made in the ninth 9 & 10
and tenth Years of the Reign of his late W. III.
Majefty King William the Third, intituled, An Act
for the better preventing the Imbezelment of his Ma-
jeſty's Stores of War, and preventing Cheats, Frauds,
and Abuſes in paying Seamen's Wages, a Penalty of
two Hundred Pounds, with Cofts of Profecution and
Pain of Imprisonment, is inflicted upon Perfons having
in their Cuftody, Poffeffion, or Keeping, or concealing
contrary to the faid Act, any Warlike, Naval, or
Ordnance Stores therein mentioned, or any other Stores
ar
marked
[ 318 ]
* Perfons
baving Tim-
ber, Thick
Stuff, or
mark'd with
marked with the Broad Arrow, by Stamp, Brand, or
otherwife: And whereas it is neceffary to give Power
to mitigate the faid Penalties, and to explain and
amend the faid Act, Be it enacted by the Authority
aforefaid, That if any Perfon or Perfons fhall, after
Plank the five and twentieth Day of March, one Thouſand
the Broad feven Hundred and Twenty Three, be lawfully con-
Arrow, or victed of having in his, her, or their Cuftody, any
the fame.
Timber, Thick Stuff, or Plank, marked with the
fball fuffer Broad Arrow, by Stamp, Brand, or otherwiſe, or of
and pay as concealing any Timber, Thick Stuff, or Plank, fo
in caſe of
other War- marked, every fuch Perfon fo offending fhall fuffer,
like Stores, forfeit, and pay, as for having, keeping, or concealing
any other Warlike, Naval, or Ordnance Stores, contra-
ry to the ſaid A&t.
concealing
"
by 9 & 10
W. III.
C. 41.
may miti-
gate the
4. Provided always, and it is hereby further enacted,
Judge, &c. That it ſhall be lawful to and for any Judge, Juftice,
or Juſtices, before whom any Offender or Offenders
Penalty, &c. fhall be convicted of any of the Crimes or Offences
before recited, enacted, or mentioned in this Act, to
mitigate the Penalty for the fame, as he or they ſhall
fee Cauſe, and to commit the Offender or Offenders
fo convicted, to the Common Goal of the County or
Place where the Offence fhall be committed, there
to remain without Bail or Mainprize, until Payment
be made of the Penalty and Forfeiture impofed by this
or the faid former Act, or mitigated, as aforefaid, or to
puniſh ſuch Offender or Offenders corporally, by cauf-
ing him, her, or them to be publickly whipped, or
committed to fome publick Workhouſe, there to be
kept
[ 319 ]
kept to hard Labour, for the Space of fix Months, or
a lefs Time, as to fuch Judge, Juftice, or Juftices, in
his or their Difcretion fhall feem meet; any Thing in
the faid recited Act, or in any other Act, to the con-
trary notwithſtanding.
determine
mers touch-
5. And be it further enacted, That where any Dif-The Judge,.
pute ſhall arife between the Perfons, upon whofe Infor- &c. shall
mations or Oaths, any Perfon or Perfons offending in Difputes be-
the Premiſes, or againft the faid former Act, fhall between Infor--
profecuted and convicted, touching any Right or Ti-ing their
tle to any of the Forfeitures or Penalties before menti- Rights to
oned, or any Part thereof, the Judge, Juſtice, or Jufti- Forfeitures,
ces, before whom fuch Offender or Offenders fhall be
convicted, ſhall examine the Matter, and finally deter
mine the fame.
&c,
Anno
[ 320 ]
$4
Anno II mo Geo. I. Cap. 29.
An Act to continue feveral Acts therein
mentioned for preventing Frauds commit-
ted by Bankrupts; for encouraging the
Silk Manufactures of this Kingdom; for
preventing the clandeftine Running of
Goods; for making Copper Ore of the
Britiſh Plantations an enumerated Com-
modity; and for explaining and amend-
ing a late Act for more effectual Puniſh-
ment of fuch, as ſhall wilfully burn or
deftroy Ships.
Geo. I. 5.
C. 12.
AND whereas by an A&t made in the fourth
Year of his Majefty's Reign, (intituled, An Act
for enforcing and making perpetual an Act of the
twelfth Year of her late Majeſty, (intituled, An Act
for preferving all fuch Ships, and Goods thereof,
which shall happen to be forced on Shore or ftranded
on the Coafts of this Kingdom, or any other of his
Majefty's Dominions,) and for inflicting the Puniſh-
ment of Death on fuch as fhall wilfully burn or de-
ftroy Ships) It is, amongst other Things, enacted, That
if any Owner of, or Captain, Mafter, Mariner, or other
Officer belonging to any Ship, fhall, after the twenty-
fourth Day of June, which shall be in the Year of our
Lord
[321]
Lord one Thouſand ſeven Hundred and Eighteen, wil-
fully caft away, burn, or otherwife deftroy the Ship, of
which he is Owner, or unto which he belongs, or in any
Manner or Wife direct or procure the fame to be done,
to the Prejudice of any Perfon or Perſons that ſhall un-
der-write any Policy or Policies of Infurance thereon, or
of any Merchant or Merchants, that fall load Goods
thereon, he shall fuffer Death.
Ships, &c.
6. And whereas fome Doubts have arifen touching
the Nature of the Offence provided against by the faid
recited Alt, and the Trial and Punishment to be had
and inflicted for the fame, Be it therefore enacted and Wilfully de-
declared by the Authority aforefaid, That if any troying
Owner of, or Captain, Maſter, Officer, or Mariner be-
longing to any Ship or Veffel, fhall, after the four and
twentieth Day of June, one Thouſand feven Hun-
dred and Twenty Five, wilfully caft away, burn, or
otherwiſe deſtroy the Ship or Veffel, of which he is
Owner, or to which he belongeth, or in any wife di-
rect or procure the fame to be done, with Intent or
Defign to prejudice any Perfon or Perfons, that hath
or ſhall under-write any Policy or Policies of Inſurance
thereon, or of any Merchant or Merchants, that ſhall
load Goods thereon, or of any Owner or Owners of
fuch Ship or Veffel, the Perfon or Perfons offending
therein, being thereof lawfully convicted, fhall be Felony
deemed and adjudged a Felon or Felons, and fhall without
ſuffer, as in Cafes of Felony, without Benefit of Cler- Clergy.
gy.
Tt
7. And
[ 322 ]
How theſe
Offences are
to be tried,
7. And be it further enacted by the Authority
aforefaid, That if any of the faid Offences, in wil-
fully cafting away, burning, or otherwiſe deſtroying
any Ship or Veffel, as aforefaid, fhall be committed
within the Body of any County of this Realm, the
fame fhall and may be enquired of, tried, determined,
and adjudged in the fame Courts, in fuch Manner and
Form, as Felonies done within the Body of any Coun-
ty, by the Laws of this Realm, are to be enquired of,
tried, determined, and adjudged; and if any of the
faid Offences fhall be committed upon the High Seas,
the fame fhall be enquired of, tried, determined, and
adjudged before fuch Court, and in fuch Manner and
Form, as in and by an Act made in the eight and
twentieth Year of the Reign of King Henry the
28 Hen. Eighth (intituled, For Pirates,) is directed and ap-
pointed for the enquiring, trying, determining, and
adjudging of Felonies done upon the High Seas.
VIII. C.
35.
1
Anno
[323]
Anno 12mo Geo. I. Cap. 28.
An Act for the Improvement of his Maje-
fty's Revenues of Customs, Excife, and
Inland Duties.
8
or under,
Brandy, &c.
with more
than four
by Cuſtom
14. AND whereas by an Act paffed in the eighth & Geo. I.
Year of his prefent Majefty, it is enacted, C. 18.
That every Ship, Veffel, or Boat, of the Burthen of Veſſels of
forty Tons or under, importing foreign Brandy, Ar-forty Tons
rack, Strong-Waters, or Spirits, fhall be forfeited, ſeized, im-
with all her Tackle, Furniture, and Apparel; and af-porting
ter Condemnation thereof, the principal Officers of the and Boats,
Cuſtoms in the Port or Place, where the fame ſhall be &c. rowing
at the Time of Condemnation, are thereby directed to
caufe the Hull of fuch Ship, Veffel, or Boat to be burnt Oars, &c.
and wholly deftroyed: And whereas by the fame At may be uſed
it is likewife enacted, That if any Boat, Wherry, Pin- Officers, &c.
nace, Barge or Gally rowing, or made or built to row
with more than four Oars, fhall be found upon the Wa-
ter, or in any Barge-boufe, Work-bouſe, Shed, or other
Place within any of the Counties of Middleſex, Surrey,
Kent, or Effex, or in the River of Thames, either
above or below London Bridge, or within the Limits
of the Ports of London, Sandwich, or Ipſwich, or the
Members or Creeks to them, or either of them, refpec-
tively belonging (except as therein is excepted) fuch
Boat, Wherry, Pinnace, Barge, or Galley, with all
ber Tackle and Furniture, fhall be forfeited; and af
Tt 2
ter
[324]
Except the
ers ſhall not
ter Condemnation thereof, the principal Officers of the
Cufioms in the Port or Place, where the fame fhall be
at the Time of Condemnation, are thereby directed to
caufe fuch Boat, Wherry, Pinnace, Barge, or Galley,
to be burnt and wholly deftroyed: And whereas it will
be of Service to his Majesty in his Customs to have the
Ufe of fuch Ships, Veffels, Boats, Wherries, Pinnaces,
Barges, or Gallies, to prevent the foul Traders carry-
ing on their clandeftine Defigns, in importing prohibited
Goods, and fraudulently landing Goods liable to the
Payment of Duties, or relanding Goods after the fame
bave been shipped for Exportation; Be it enacted by
the Authority aforesaid,. That it fhall and may be
lawful.to and for the Commiffioners of his Majeſty's
Cuſtoms, to cauſe any fuch Ship, Veffel, Boat, Wher-
ry, Pinnace, Barge, or Galley (except as before is ex-
cepted) which ſhall be ſeized for any of the Reaſons
aforefaid, and condemned, to be uſed by the Officers
of his Majefty's Cuſtoms, in cafe the fame, or any of
them, fhall be found to be of Service, together with
the Tackle, Furniture, Apparel, and Materials belong-
ing thereunto, the Officer or Officers, who feized the
fame, being firſt paid his or their Share or Shares, ac-
cording to the Direction of the before recited Act;
any Law, Statute, or Cuſtom to the contrary notwith-
ſtanding.
15. Provided always, and be it further enacted by
Commilion, the Authority aforefaid, That if the Commiffioners
think fit to of his Majeſty's Cuſtoms fhall not think fit, for his
uſe fuch
Weffel, &c. Majeſty's Service, to make ufe of any fuch Ship, Veffel,
Boat,
[ 325 ]
Boat, Wherry, Pinnace, Barge, or Galley, that then
and in fuch Cafe the faid Commiffioners fhall caufe
the principal Officers of the Cuſtoms, in the Port or
Place where the fame fhall be at the Time of Con-
demnation, to ſee the Hull thereof burnt, as if this
Act had never been made.
mo
Anno 1º Geo. II. Stat. 2. Cap. 9..
An Act for granting an Aid to his Maje-
fty of five Hundred Thoufand Pounds,
towards difcharging Wages due to Sea-
men, and for the conftant, regular, and
punctual Payment of Seamen's Wages
for the future; and for appropriating
the Supplies granted in this prefent Seffi-
on of Parliament; and for difpofing of
the Surplus of the Money granted for
half Pay, for the Year one Thouſand
feven Hundred and Twenty Seven.
6.
the Head of
A ND' to the End, Intent and Purpose, that as All Monies
well all Arrears of Seamen's Wages, as their granted on
growing Wages, may be conftantly, regularly, and Seamen's
punctually paid, Be it enacted by the Authority afore Wages Shall
faid, That not only as to fuch Monies, as have been be applied to
granted in this Seffion of Parliament for the Service of vices.
A
the
thoſe Ser--
[ 326 ]
the Navy, but alſo as to fuch Supplies, as fhall be
hereafter granted in Parliament for thofe Services,
fuch Parts or Proportions thereof, as fhall be on the
Head of Seamen's Wages, fhall from Time to Time
be iffued and applied for thofe Services conftantly, re-
The Method gularly and punctually, in Manner following; that is
of paying
the Seamen, to fay, when and fo often as any of the Ships of his
Majefty, his Heirs or Succeffors, fhall have been in
Sea-Pay fix whole Months, to commence or be com-
puted from the firſt Day of July, one Thouſand ſeven
Hundred and Twenty Eight, or any Time after, in
cafe fuch Ships fhall then be in any Port of Great-
Britain, not in Order to be diſcharged, or on the
Coaſt of the fame, the Captain or Commander there-
of ſhall, immediately after the End of the faid fix
Months, make, or caufe to be made out, Pay-Lifts,
containing the Names of the inferior Officers, and
able and ordinary Seamen, belonging to the Ship un-
der his Command, and fhall fend the faid Lifts, fo
made out, to the Commiffioners of the Navy for the
Time being, who are hereby directed and required to
cauſe immediate Payment to be made of two Months
Wages to fuch inferior Officers, and able and ordinary
Seamen, or to their reſpective Attorney or Attornies,
duly authorized to receive the fame, deducting there-
out whatever Money ſhall have been paid on Account
of the faid Wages by way of Advance: And in caſe
any of the faid Ships, that fhall have been fix Months
in Sea-Pay, as aforefaid, fhall be then in any Port of
Ireland, or abroad in foreign Parts, the Captain or
Commander of fuch Ship fhall, immediately after the
End
[327]
End of the faid fix Months, mufter his Crew or Com-
pany, and enter the Names of fuch inferior Officers,
and able and ordinary Seamen, who fhall defire to
have their Wages paid at Home in Great-Britain, in-
to Pay-Lifts, as aforefaid, and ſhall ſend and tranfmit
the faid Pay-Lifts to the Commiffioners of the Navy,
for the Time being, who are hereby directed and re-
quired, within one Month after they fhall have re-
ceived the ſaid Pay-Lifts, to cauſe Payment to be made
of two Months Wages, with fuch Déduction as afore-
faid, to the Attorney or Attornies of fuch Perfon or
Perfons duly authorized to receive the fame: And the
faid Commiffioners are hereby directed and required
to give timely Notice in the Gazette of the Time ap-
pointed by them for fuch Payment: And when and
fo often as any of the faid Ships fhall have been twelve
Months in Sea-Pay, then other Pay-Lifts ſhall be made
out, fent, and tranfmitted, and two Months Wages
paid thereon in the Manner aforefaid; and fo from
Time to Time, at the End of every enſuing fix
Months, fuch Pay-Lifts fhall be made out and tranf-
mitted, and two Months Wages paid thereon, as afore-
faid, until the ſaid Ship fhall be finally paid off: And
for the Refidue of their Wages, the ſame ſhall be paid
in Manner following; that is to fay, as to all fuch of his
Majeſty's Ships or Veffels, as fhall return home in Or-
der to be laid up, the Wages due to the Officers and
Seamen ferving on board of any fuch Ship or Veffel
ſhall be entirely paid off within two Months after the
Arrival of fuch Ship or Veffel in the Port where the
fame is defigned to be laid up: And as to all other
•
Ships:
[328]
Twenty
Eight
Days to be
Ships or Veffels in his Majefty's Service, the Wages
due to the Officers and Seamen fhall be paid as fol-
'lows; that is to fay, when fuch Ships or Veffels have
been eighteen Months in Sea-Pay, then the Wages,
due for the first twelve Months thereof, deducting
thereout whatever Monies fhall have been before
paid by way of Advance, or otherwiſe, in Part or on
Account of the faid twelve Months Wages, fhall be
paid within two Months after, or fo foon after as any
fuch Ship or Veffel fhall put into any Port of this
Realm, where his Majeſty's Ships are ufually paid, and
fo toties quoties, as often as they fhall have been
eighteen Months in Sea-Pay, beyond the Time to
which their Wages fhall have been cleared, twelve
Months Wages more ſhall be paid in like Manner.
7. And it is hereby declared, That the Computa-
tion of the faid Months Wages fhall be by reckoning
reckoned to twenty-eight Days to the Month, according to the
the Month. ufual Courſe or Practice of the Navy.
Anno
[ 329 ]
Anno 1mo
Geo. II. Stat. 2. Cap. 14.
An Act for encouraging Seamen to enter in-
to his Majefty's Service.
WE
HEREAS nothing will more effectually con-
tribute to the promoting and advancing the Na-
val Strength of this Kingdom, than the endeavouring
by due and fitting Encouragements, to invite Mariners
and Seamen to enter willingly into the Service of their
Country, as often as Occafion fhall require; and where-
as his Majefty, out of his Princely Concern for the In-
creaſe and Encouragement of his Seamen, hath been
moft graciously pleafed to recommend the fame from the
Throne, as a Confideration of the greatest Importance;
Be it therefore enacted by the King's moſt Excellent
Majesty, by and with the Advice and Confent of the
Lords Spiritual and Temporal, and Commons, in this
preſent Parliament affembled, and by the Authority
of the fame, That from and after the firſt Day of Voluntier
July, which will be in the Year of our Lord one
entring his
Thouſand ſeven Hundred and Twenty Eight, if any an Officer
Seaman, or able bodied Land-Man, fhall freely and of the Fleet
voluntarily come before, and enter his Name with any board any
Commiffion Officer or Officers of the Fleet, to be ap- Ship, and
pointed for entring fuch Voluntiers, in Order to ferve making his
perfonal Ap-
in or on board any of the Ships or Veffels of his Ma-pearance on
jefty, his Heirs and Succeffors, then fitting out for board, &c.
Sea, or that fhall be in want of Men, and ſhall receive titled to
U u
Name with
to ſerve on
ſhall be in-
a Wages from
[ 330 ]
cate, and be
and two
Months
Wages.
the Date of a Certificate of his fo doing, from fuch Commiffion
bis Certifi-
Officer or Officers (who are hereby directed and re-
allowed Con- quired to make out and give fuch Certificate gratis,
duct Money, and without Fee or Reward, and duly to date the
fame) and if ſuch Perſon ſhall forthwith proceed to-
wards fuch Ship, and fhall make his perſonal Ap-
pearance on board the fame, within the Space of
fourteen Days from the Day of the Date of fuch Cer-
tificate, inclufive of the Day of the Date thereof, if
the Place where he fo enters his Name, be not above
one Hundred Miles diftant from the Port where fuch
Ship lies, or within the Space of twenty Days, if it be
at a greater Diſtance, or within the Space of thirty
Days, if the Place where he fo enters his Name, be
above two Hundred Miles diftant; then, and in fuch
Cafe, every fuch Perſon ſhall be, and is hereby declar-
ed to be intitled to Wages, from the Day of the Date
of fuch Certificate, inclufive of the Day of the Date
thereof; and fhall alſo be allowed the uſual Conduct
Money, and be paid an Advance of two Months Wa-
ges, before the Ship, in which he ſhall be rated and
ferve, goes to Sea.
Inferior Of- 2. And be it further enacted, That if any inferior
ficer or Sea-
Officer, or able and ordinary Seaman, ſhall die in the
man dying,
Commander Service of his Majefty, his Heirs or Succeffors, the
to make out Captain, or Commander of the Ship, in which he
a Ticket of ferved at the Time of his Death, ſhall immediately,
and tranfmit or as foon as conveniently may be, after his Death,
the fame, make out a Ticket for the Pay due to the Perſon ſo
dying, at the Time of his Death, and fhall fend or
bis Pay,
tranfmit
[ 33 ]
tranſmit the faid Ticket fo made out, by the firſt and
ſafeſt Opportunity, to the Commiffioners of the Navy
for the Time being, for the Ufe of the Executors or
Adminiſtrators of fuch Perſon ſo dying; and the faid Which hall
Commiffioners are hereby directed and required to paid.
be forthwith
cauſe the Money due upon fuch Ticket to be forth-
with paid to the faid Executors or Adminiſtrators, or
to their reſpective Attorney or Attornies, duly autho-
rized, in fuch Manner as is herein after appointed to
receive the fame, without tarrying for the Return of
the Ship, to which the Perfon fo dying did belong, or
the General Pay thereof.
3. And be it further enacted, That in cafe any in- Voluntier
ferior Officer, or Voluntier, fhall be turned over from turned over
not to ferve
one Ship into another, then, and in fuch Cafe, fuch in a worse
Perſon ſo turned over, fhall not ferve, or be rated in a Quality than
in the for-
worfe Quality, or lower Degree or Station, than he mer Ship,
ſerved in, or was rated for, in the Ship from which and bave
he was turned over; and fhall receive, over and above two Months
fuch Wages, as are then due to him, an Advance of vanced.
two Months Wages, before the Ship, into which he is
turned over, proceeds to Sea.
Pay ad-
wholeCrew,
4. Provided always, That if any Ship be hindred The Re-
by any Accident from going to Sea, the Removal of moval of the
the whole Crew or Company of fuch Ship, together not to be con-
with their Officers, into another Ship, fhall not be trued a
conftrued or taken to be a Turning over within the over.
Meaning of this Act.
Turning
Uu 2
5. And
[ 332 ]
No Perfon
forfeit more
than was
5. And be it further enacted; That no Perſon in.
deferting, to Sea-Pay, that ſhall withdraw himſelf from, or defert:
the Service of his Majeſty, his Heirs or Succeffors, fhall
due to him forfeit any more of the Pay or Wages due to him,
in that Ship than fo much thereof as was due to him for his Ser-
vice in the Ship from whence he withdrew himſelf or
deferted; and that no Ticket or Tickets made out,
or that ſhall be made out, for the Pay or Wages of
forfeited or any Seaman, fhall be forfeited or ftopt by his with-
drawing himſelf, or deferting, after the making out
fuch. Ticket, but the ſame ſhall be duly paid.
And no
Ticket made
out fhall be
Stopt on
that Ac-.
count.
Not to al-
6. Provided nevertheleſs, That nothing in this Act
ter the Pu- contained fhall extend to take away or alter the Pu
niſhment by.
13 Car. II. nifhment appointed by an Act made in the thirteenth
St. 1. C. 9.. Year of the Reign of King Charles the Second, for
appointed fuch Captains, Officers, and Mariners, as ſhall deſert
ters. the Service of his Majefty, his Heirs or Succeffors, in
his Ships, or intice any others fo.to do..
for Defer-
Bargains
for Seamen's
Pay after
the first of
Septem-
ber 17.28,
void.
7. And whereas many Perfons encouraging the Ex-
travagance, and taking Advantage of the Neceffities of
Seamen, have made great and unreasonable Profit to
themſelves by anticipating, bargaining for, or purchaf-
ing the Pay or Wages due, or to grow due to Seamen,
to the Impoverishment and utter Ruin of fuch Seamen,
and their Families; Be it enacted, That all and eve-
ry Bargain, Sale, Bill of Sale, Contract, Agreement,
and Affignment whatſoever, of, for, on concerning any
Pay, Wages, or Allowances of Money of any Kind,
due:
[ 333 ]
t
due or to grow due to any Seaman or Seamen in the
Service of his Majefty, his Heirs or Succeffors, for fuch
Service, which ſhall be made or entred into, from and
after the firſt Day of September, which ſhall be in the
Year of our Lord, one Thouſand feven Hundred and
Twenty Eight, fhall be, and is, and are hereby declar
ed to be void, and of none Effect, to all Intents and
Purpoſes whatſoever; any Law, Statute, Cuftom, or
Ufage to the contrary thereof in any wife notwith-
ftanding; and the Treaſurer of the Navy for the
Time being, is hereby authorized, directed, and re-
quired to pay, or caufe to be paid to all fuch Seamen,
as fhall appear in Perfon at the Pay-Table, or, in
their Abfence, to the lawful Attornies impowered by
them, in the Manner as is herein after directed, or
to the Executors or Adminiftrators. of fuch Seamen,
or to their reſpective Attorney or Attornies duly au
thorized, in fuch Manner as is herein after directed,
the reſpective Pay, Wages, or Allowances of Money
of any Kind due to them, without Regard to any
Bargain, Sale, Bill of Sale, Contract, Agreement, or
Affignment whatſoever, made.or to be made, of, for,
or concerning any fuch Pay, Wages, or Allowances
of Money of any Kind, from and after the ſaid firſt
Day of September, which fhall be in the Year of our
Lord, one. Thouſand feven Hundred and Twenty
Eight..
8. Provided always, and be it enacted, That this Not to dif
Act, or any Thing herein contained, ſhall not extend, charge any
or be conftrued to diſcharge any Seaman of or from Debts or to
any
Seamen's
make void
[334]
**
any Ticket.
the Sale of any Debt or Debts which he has already contracted,
or may hereafter contract, or to invalidate or make
void the Sale or Sales of any Ticket or Tickets, that is,
are, or ſhall be made out for Pay, Wages, or other
Allowances of Money, of any Kind, to ſuch Perſon or
Perfons as fhall be in Poffeffion of fuch. Ticket or
Tickets; but ſuch Sale and Sales fhall be as good,
valid, and effectual, as they were before the making
of this Act, and as if this Act had not been made;
any Thing herein contained to the contrary thereof in
any wife notwithſtanding.
Or to make
denture,
intitled to
to his Ap-
9. Provided alfo, That this Act, or any Thing
void any In-herein contained, fhall not extend, or be conſtrued to
whereby any invalidate or make void any Indenture or Indentures,
Mafter is whereby any Maſter is or ſhall be intitled to have or
receive the Pay, Wages, or other Allowances of Mo-
prentice's ney, earned by his Apprentice; but fuch Pay, Wages,
Wages. or other Allowances, fhall be paid by the Treaſurer of
the Navy for the Time being, or by his Direction, ac-
cording to fuch Indenture or Indentures, as has been
Exception. ufual in fuch Cafes, fo as fuch Apprentice or Appren-
tices were not above the Age of eighteen Years, at the
Time fuch Indenture or Indentures were made and
executed, in which Cafe no Pay, Wages, or Allow-
ances, fhall be paid by the Treaſurer of the Navy, or
by his Directions, according to fuch Indenture or In-
dentures; any Thing herein contained to the contrary
thereof in any wife notwithſtanding.
10. And
[ 335 ]
by any Sea-
unleſs made
&c.
10. And be it further enacted, That from and af- No Letters
of Attorney
ter the firft Day of September, which ſhall be in the
Year of our Lord, one Thouſand ſeven Hundred and man good
Twenty Eight, no Letter of Attorney made by any revocable
Seaman or Seamen, in the Service of his Majefty, his and figned by
Heirs or Succeffors, or by the Executors or Admini- the Captain,
ftrators of any fuch Seaman or Seamen, in Order to
impower, and intitle any Perfon or Perfons to receive
any Pay, Wages, or Allowances of Money, of any
Kind, due or to grow due for fuch Service, fhall be
good and valid, or fufficient for that Purpoſe, unleſs
fuch Letter of Attorney be made revocable, and be
figned before, and attefted by, the Captain or Com-
mander, and one other of the figning Officers of the
Ship, to which fuch Seaman or Seamen, who make
the fame, belong, or the Clerk of the Cheque of fome
of the Dock-Yards, or the Mayor, or chief Magiſtrate
of fome Corporation.
Pay-Books
are cloſed,
Seamen who
have not re-
11. And be it further enacted, That when, and When the
as often as any of the Pay-Books of the Ships belonging
to his Majefty, his Heirs or Succeffors, fhall be
clofed, fuch Seamen as fhall not then receive, or ceived their
have received the Pay, Wages, or other Allowances of Pay, to
Money due to them, fhall, upon Application made by have Tickets
them to the Commiffioners of the Navy for the Time them to the
being, have and receive Bills or Tickets made out to Value of
them to the Value of the faid Pay, Wages, or other their Pay.
Allowances due to them refpectively; and the faid
Commiffioners are hereby directed and required to
make
made out to
[ 336 ]
Men driven
to their
Coafts.
make out the faid Bills or Tickets accordingly, and to
cauſe the fame to be dated, numbred, regiftred, and
paid in a Courſe not exceeding one Month after the
Date thereof.
Confuls, &c. 12. And be it further enacted, That the Gover-
in foreign
nors, Minifters, and Confuls appointed, or that fhall
Parts, to
provide for be appointed by his Majefty, his Heirs or Succeffors,
Seafaring in foreign Parts, and refiding there, or, where none
fuch are refident, any two or more British Merchants
then and there refiding, fhall be, and are hereby au-
thorized, directed, and required to fend and provide
for all Seafaring Men and Boys, Subjects of Great-
Britain, that fhall by Shipwreck, Capture, or other
unavoidable Accident, be driven or caft away to fuch
foreign Parts or Places, where fuch Governors, Mini-
fters, Confuls, or Merchants refide; and the faid Go-
vernors, Miniſters, Confuls, and Merchants, are here-
by required to provide for and fubfift fuch Seafaring
Men and Boys, at or after the Rate of Six-pence per
diem each, and to fend Bills of their ſeveral Disburfe-
ments upon fuch Occafions, together with proper
Commiffion- Vouchers for the fame, to the Commiffioners of the
ers.of the Navy for the Time being, who are hereby directed
the Charges, and required to caufe immediate Payment to be made
of fuch Bills and Disburſements, after due Examinati-
on of the faid Vouchers; and the ſaid Governors, Mi-
Confuls, &c. nifters, Confuls, and Merchants, ſhall put or ſend the
to ſend home
faid Men or Boys on board the firft Ship belonging
Such Seamen
by the first to his Majefty, his Heirs or Succeffors, that ſhall ar-
Ships. rive at the Parts or Places where they refide, or any
Navy to pay
other
[ 337 ]
f
other Parts or Places being near or within a conveni-
ént Diſtance for that Purpoſe; or in cafe no Ship of
War fhall be then in fuch Parts or Places or within a
convenient Diſtance, they fhall fend their faid Men
or Boys on board fuch Merchant Ships or Veffels as are
bound for any Port in Great-Britain, and are in want
of Men to make up their Complement; but if neither
Cafe happens within a convenient Time, then they
ſhall provide and order a Paffage homeward for ſuch
Men and Boys in the firſt Merchant Ship or Veffel
bound for Great-Britain; and every Maſter or Perſon
having Charge of a Merchant Ship or Veffel, that
fhall arrive in fuch foreign Parts, and be homeward
bound from thence to any Port in Great-Britain,
fhall be and is hereby required to take on board fuch
and ſo many of fuch Seafaring Men or Boys, as the
faid Governors, Minifters, Confuls, or Merchants fhall
direct, not exceeding four, for each one Hundréd
Tons of which his Ship confifts.
have Six-
of fuck Sea-
13. And for an Encouragement for fuch Mafters Masters of
of Ships or Veffels to take fuch Seamen or Boys aboard, Ships to
and bring them to Great-Britain: Be it enacted, That pence per
every fuch Mafter or Perfon having Charge of a Ship diem for
the Paffage
or Veffel, who fhall produce a Certificate under the
Hands of the faid Governors, Minifters, Confuls, or men.
Merchants, or any of them, certifying the Number
and Names of the Men or Boys taken on board by
their Direction, and the Time of taking them on
board, and fhall make an Affidavit at his Return,
fetting forth the Time during which he fubfifted fuch
X x
Men
[ 338 ]
Men or Boys; and that he did not, during that
Time, want of his own Complement of Men, or
how many he did want of fuch Complement, and for
what Time, fhall receive from the Commiffioners of
the Navy for the Time being (who are hereby re-
quired to cauſe the fame to be paid) Six-pence per
diem for the Paffage and Provifions of each Man and
Boy, from the Day of their Imbarkation homewards,
to the Day of their Arrival in Great-Britain, or be-
ing put into fome Ship of War; Six-pence per diem on-
ly being deducted for fuch Time, and ſo many Perſons
as he wanted of his Complement during his Voyage.
Not to take
14. Provided always, That nothing in this Act
away other
contained ſhall extend or be conftrued to leffen or
Advantages
to Seamen. take away the Allowances, or other Advantages made
or appointed to or for any Seaman, that is or ſhall be
in the Service of his Majefty, his Heirs or Succeffors,
by any Law or Statute now in force, or by the Cu-
ftom or Uſage of the Navy.
No Seamen
Shall be lia-
ble to be
Sty's Service,
15. And to prevent for the future, as far as may
be, any unjuft or fraudulent Arrefts upon Seamen ac-
taken out of tually belonging to any of his Majesty's Ships, whereby
bis Maje- bis Majefty and the Publick may be deprived of their
otherwife Service: Be it enacted by the Authority aforefaid,
than for
That no Perſon whatſoever, who ſhall lift and enter
himſelf to ſerve his Majefty, as a Seaman on board
any of his Majefty's Ships or Veffels, fhall be liable to
Debt, &c. be taken out of his Majefty's Service by any Process
amounts to or Execution whatſoever, other than for fome Crimi-
Some Crimi-
nal Matter,
unless the
20 l.
nal
1
[ 339 ]
nal Matter, unleſs for a real Debt, or other juft Caufe By 14 Geo.
II. C. 38.
of Action, and unleſs, before the taking out fuch Pro- extended to
cefs or Execution, not being for a Criminal Matter, Ireland.
the Plaintiff or Plaintiffs therein, or fome other Per-
fon or Perſons on his or their Behalf, fhall make Af-
fidavit before one or more Judge or Judges of the
Court of Record, or other Court, out of which fuch
Proceſs or Execution fhall iffue, or before fome Per-
fon authorized to take Affidavits in fuch Courts, that
to his or their Knowledge, the Sum juftly due and
owing to the Plaintiff or Plaintiffs, from the Defend-
ant or Defendants in the Action, or Cauſe of Action,
on which fuch Procefs fhall iffue, or the Debt or Da-
mage and Cofts for which fuch Execution fhall be if-
fued out, amounts to the Value of twenty Pounds at
the leaſt, a Memorandum of which Oath fhall be
marked on the Back of fuch Procefs or Writ, for
which Memorandum or Oath no Fee fhall be taken.
And if any Perfon be nevertheleſs arrefted, contrary to
the Intent of this Act, it ſhall and may be lawful for
one or more Judge or Judges of fuch Court, upon
Complaint made thereof by the Party himſelf, or by
any his fuperior Officer, to examine into the fame by
the Oath of the Parties, or otherwife, and by Warrant
under his or their Hands and Seals to diſcharge fuch
Seamen, ſo arreſted contrary to the Intent of this Act,
without paying any Fee or Fees, upon due Proof made
before him or them, that fuch Seaman fo arreſted
was actually belonging to one of his Majefty's Ships
or Veffels, and arreſted contrary to the Intent of this
Act, and alſo to award to the Party fo complaining
Xx 2
fuch
340]
Plaintiff
may enter a
fuch Cofts, as fuch Judge or Judges fhall think rea-
fonable, for the Recovery whereof he fhall have the
like Remedy that the Perfon who takes out the faid
Execution might have had for his Cofts, or the Plain-
tiff in the ſaid Action might have had for the Reco-
very of his Cofts, in cafe Judgment had been given
for him with Cofts againſt the Defendant in the faid
Action.
16. And to the End that honeft Creditors who aim
common Ap- only at the Recovery of their juft Debts due to them
pearance, from fuch Seamen as are actually belonging to ſome of
and proceed his Majesty's Ships, may not be hindred from fuing for
to Judg-
ment, &c. the fame, but on the contrary may be affifted and for-
warded in their Suits, and instead of an Arreft, which
may
hurt the Service, and occafion a great Expence
and delay to themselves, may be enabled to proceed in a
more Speedy and easy Method: Be it further enacted by
the Authority aforefaid, That it ſhall and may be law-
ful to and for any Plaintiff and Plaintiffs, upon Notice
firſt given in Writing of the Cauſe of Action to fuch
Seaman or Seamen in his Majefty's Service, or left at
his or their laſt Place of Refidence, before his entring
into his Majeſty's Service, to file a common Appear-
ance in any Action to be brought for or upon Account
of any Debt whatſoever, fo as to intitle fuch Plain-
tiff or Plaintiffs to proceed therein to Judgment and
Outlawry, and to have an Execution thereupon, other
than againſt the Body or Bodies of him or them fo
actually belonging to one of his Majefty's Ships, as
aforefaid;
[ 34
]
P
aforefaid; this Act, or any Thing herein, or any for--
mer Law or Statute to the contrary notwithſtanding.
Anno 2do Geo. II. Cap. 7.
-
An Act for the more effectual Collecting in
Great Britain and Ireland, and other
Parts of his Majefty's Dominions, the
Duties granted for the Support of the
Royal Hofpital at Greenwich.
WE
A
C. 21.
HEREAS by an Act made in the feventh 7 W. III.
Year of the Reign of his late Majefty King
William the Third, intituled, An Act for the Increaſe
and Encouragement of Seamen, and an A&t made in
the eighth Year of his faid late Majefty's Reign, inti- 8 W. III.
tuled, An Act to enforce the Act for the Increaſe and C. 23.
Encouragement of Seamen, and also another Act made
in the tenth Year of the Reign of her late Majefty 10. Ann.
Queen Anne, intituled, An Act for the better collect- C. 17.
ing and recovering the Duties granted for the Sup-
port of the Royal Hofpital at Geenwich, and for the
further Benefit thereof, and for the preferving her
Majeſty's Harbour Moorings, there was given and efia-
bliſhed for the Support of the faid Hofpital, a Duty of
Six-pence per menfem, payable by all Seamen; and
particularly by the faid Act of the tenth of Queen Anne,
it
[342]
&
it was (amongst other Things) enacted, that the faid
Duty fhould be paid by every Seaman, and other Per-
fon whatsoever, that ſhould ſerve or be imployed by her
Majefty, her Heirs or Succeffors, or by any other Perfon
or Perfons whatſoever, in any of her Majefty's Ships,
or in any Ship or Veffel belonging to any of the Subjects
of Great-Britain or Ireland, or Dominions thereunto
belonging, and by every Mafter or Owner navigating
his own Ship or Veffel, whether imployed upon the
High Sea, or Coafts of the fame, or in any Port, Bay,
or Creek, other than and except fuch Perfons, as by the
faid laft mentioned Act are excepted and exempted from
Payment of the faid Duty; and it was, by the faid
laft mentioned Act, further enacted, That for the better
levying and collecting the faid Duty it should be lawful
for the Lord High Admiral of Great-Britain, or the
Commiffioners for executing the Office of Lord High
Admiral of Great-Britain for the Time being, to ap-
point fuch Perfon or Perfons, as he or they should think
fit, to be Receiver or Receivers of the faid Duty, and
alſo to authorize fuch Receiver or Receivers to depute
and appoint the Collectors, or other Officers of the Cu-
ftoms of the ſeveral Out-Ports of this Kingdom, and of
the Ports of the Kingdom of Ireland, or fuch others, as
be or they ſhould think fit, to collect and receive the fame,
which Power not extending to the Islands of Guernſey,
Jerfey, Alderney, Sark, and Man, nor to his Majefty's
Colonies, Iflands, and Dominions in America, the faid
Duty of Six-pence per menfem has not hitherto been
collected in any of the faid Islands, Colonies, or Domini-
ons, notwithstanding the general Direction in the faid
Act
[343 ]
Six-pence
per men-
Act of the tenth of Queen Anne, that the fame should
be paid by all Mafters, Owners, Seamen, and others im-
ployed in the Ships or Veſſels belonging to any of his Ma-
jefty's Subjects of Great-Britain and Ireland, and the
Dominions thereunto belonging, to the great Lofs and
Prejudice of the faid Hofpital: For Remedy whereof,
Be it enacted by the King's moft Excellent Majefty,.
by and with the Advice and Confent of the Lords
Spiritual and Temporal and Commons, in Parliament
affembled, and by the Authority of the fame, That the
faid feveral Acts heretofore made, concerning the ſaid
Duty of Six-pence per menfem, and every Claufe, Pe- The Duty of
nalty, Power, and Thing therein contained, and not
altered by this preſent Act, fhall extend, and from fem for
henceforth be conftrued, adjudged, deemed, and taken Greenwich
to extend, to all Ships and Veffels belonging to any of be paid by
Hofpital to
the Subjects of his Majefty, his Heirs and Succeffors, all Veffels
within the ſaid Iſlands of Jerſey, Guernsey, Alderney, belonging to
Jerfey,
Sark, and Man, and every of them refpectively, and Guernsey,
within all and every his Majeſty's Colonies, Iflands, &c. and to
the Colonies,
and Dominions in America, as well as to thoſe within
Great-Britain and Ireland; and that from hence- America.
forth every Seaman, and other Perfon whatſoever, that
ſhall ſerve or be imployed in any Ships or Veffels be-
longing, or that ſhall belong to any of the Subjects of
his Majefty, his Heirs and Succeffors, within the faid.
Iflands of Guernsey, Jersey, Alderney, Sark, or Man, or
any of them refpectively, or within any of his Majeſty's
Colonies, Iflands, or Dominions in America, and every
Maſter or Owner working his own Ship or Veffel,
whether the fame be imployed upon the High Sea,
&c. in
OL
[344]
or in any Port, Harbour, Bay, or Creek; other than
fuch Apprentices under the Age of eighteen Years,
Exception. as are exempted from Payment of Six-pence per men-
2 & 3 Ann. fem, by an Act made in the fecond Year of the Reign
C. 6.
1
of her faid late Majefty Queen Anne, and fuch Per-
fon or Perfons, as fhall be imployed in any Boat up-
on any the Coaſts of the ſaid Iſlands, Colonies, or Do-
minions reſpectively, in taking Fish, which are
brought freſh on Shore, to be confumed in the faid
Iflands, Colonies, or Dominions refpectively; and
every Perſon and Perfons imployed in Boats or Veffels,
that trade only from Place to Place within any River
of the faid Iſlands, Colonies, or Dominions refpective-
ly, or in any open Boats, upon the Coafts of the fame,
fhall pay, and there fhall be allowed and paid by eve-
ry fuch Mafter, Owners, Seaman, or other Perfon im-
ployed, or that ſhall be imployed as aforefaid (except
fuch Perfons as are herein before excepted) the faid Du-
ty of Six-pence per menfem of lawful Money of Great-
Britain, or the Value thereof in the Money of the faid
Iflands, Colonies, or Dominions refpectively, and pro-
portionably for a ſhorter Time than a Month, during
the Time he or they fhall be imployed in, or belong
to any fuch Ship or Veffel, for the better Support of
the faid Hoſpital, and to augment the Revenues
thereof, for the Purpoſes in the faid feveral recited Acts
mentioned; which faid Duties fhall be paid by the
Mafters, Commanders, and Owners of all and every
fuch Ships and Veffels reſpectively, who are hereby
authorized, impowered, and required to deduct and
detain the fame out of the Wages, Shares, or other
Profits
[ 345 ]
Profits payable or accruing to every Seaman or other
Perfon imployed in any fuch Ship or Veffel, and liable
to the Payment of the faid Duty if fuch Seaman or
other Perſon ſhall have, or be intitled to any fuch
Wages, Shares, or Profits.
the Duties
2. And be it further enacted by the Authority Receivers of
aforeſaid, That for the better and more eafy collecting to appoint
and levying the faid Duty of Six-pence per menfem Collectors in
in the faid Iſlands of Guernsey, Jersey, Alderney, the Ports of
the faid
Sark, and Man, and in his Majeſty's Colonies, Iflands, lands and
and Dominions in America, it ſhall and may be law-Colonies,
ful for the Perfon or Perſons, who is, are, or ſhall &c.
be appointed Receiver or Receivers of the faid Duty,
by Virtue and in Purſuance of the faid Act of the
Tenth of Queen Anne, to depute and appoint any
Officer or Officers of the Cuſtoms of his Majefty, his
Heirs or Succeffors, in the ſeveral Ports of the faid
Iflands, Colonies, and Dominions refpectively, or fuch
other Perſon or Perfons, as he or they ſhall think fit,
to collect the Same; which faid Collectors, fo to be
appointed, are hereby authorized, directed, and re-
quired to collect the faid Duty of Six-pence per men-
fem, in the ſeveral Ports of the ſaid Iſlands of Guern-
Sey, Jersey, Alderney, Sark, and Man, and of every of
them refpectively, and alſo in the Ports of all and eve-
ry his Majeſty's Colonies, Iflands, and Dominions in
America, according to fuch Inftructions as fhall from
Time to Time be fent to them in Writing by fuch
Receiver or Receivers; and for the faid Collectors
Care and Pains therein, it ſhall and may be lawful for
Y y
the
[346]
and examine
&c. on
Oath,
the Lord High Admiral of Great-Britain, or the
Commiſſioners for executing the faid Office of Lord
High Admiral of Great-Britain, for the Time being,
to make fuch Allowances to them out of the faid Du-
ty, as he or they ſhall judge reaſonable.
Collectors 3. And be it further enacted by the Authority
may fummon aforefaid, That fuch Collectors of the faid Duty in the
Masters Ports of the faid Iſlands of Guernsey, Jersey, Alderney,
Sark, and Man, and in the Ports of the faid Colonies,
Iſlands, and Dominions in America, fo to be appoint-
ed as aforefaid, and every of them reſpectively for the
Time being, ſhall be, and is, and are hereby fully au-
thorized, and required to fummon and examine upon
Oath all and every the Maſters, Commanders, and
Owners of all Ships or Veffels belonging to any of the
Subjects of his Majeſty, his Heirs and Succeffors, with-
in the faid Iſlands, Colonies, and Dominions, or any
of them reſpectively, in fuch and the fame Manner as
the Receiver or Receivers of the ſaid Duty, and his
or their Deputy or Deputies are authorized and im-
powered by the faid Act of the Tenth of Queen Anne,
to fummon and examine the Mafters, Commanders,
and Owners of Ships and Veffels belonging to the
Mafters, Subjects of Great-Britain, and Ireland; and if any
&c. refuf fuch Mafter, Commander, or Owner of any Ship
ing, forfeit
201. or Veffel belonging to any of the Subjects of his Ma-
jefty, his Heirs or Succeffors, within the faid Iſlands,
Colonies, and Dominions, or any of them reſpectively,
fhall refuſe, or neglect, when fummoned, to appear,
or to make fuch Diſcovery upon Oath, as by the faid
Act
[347]
}
C. 17.
Act of the Tenth of Queen Anne, is required (which 10 Ann.
Oath fuch Collectors for the Time being, and every of
them reſpectively, is and are hereby impowered and
required to adminifter) then, and in every ſuch Caſe,
every fuch Mafter, Commander, and Owner fhall for
every fuch Refuſal or Neglect, forfeit the Sum of twen-
ty Pounds of lawful Money of Great-Britain, or the
Value thereof in the Money of the faid Iſlands, Colo-
nies, or Dominions where the fame fhall be incurred,
to be recovered and applied in fuch Manner, and to
fuch Ufes, as in that Behalf is herein after mentioned
and directed.
tain, &c.
Great-Bri-
4. Provided always, and be it enacted by the Au- Traders
thority aforeſaid, That all and every the Mafters, from the
Iſlands or
Commanders, and Owners of Ships or Veffels belong-Colonies to
ing to any of the Subjects of his Majefty, his Heirs or Great-Bri-
Succeffors, within the faid Iſlands of Guernsey, Jersey, to pay fuch
Alderney, Sark, and Man, or any of them, or within Part of the
any of his Majefty's Colonies, Iflands, or Dominions in Duty, as
Shall be due
America, who fhall trade or fail from the faid Iflands, at their Ar-
Colonies, or Dominions, or any of them, to Great-rival, in
Britain, or Ireland, and back again to the faid Iflands, tain, &c.
Colonies, or Dominions, fhall pay fuch Part and Pro-
portion of the faid Duty of Six-pence per menfem, as
fhall be due from fuch Mafters, Commanders, and
Owners refpectively at the Time of their Arrival, and
during their Continuance in Great-Britain, or Ire-
land, within the faid Kingdoms of Great-Britain and
Ireland refpectively, and fuch Part and Proportion
thereof, as fhall be due from them refpectively, at the
Time
Y y 2
[ 348 ]
And the
other Part
turn.
Time of their Return to, and during their Continu-
at their Re- ance in the faid Iſlands, Colonies, or Dominions,
within the faid Iflands, Colonies, and Dominions re-
Traders ſpectively; and that all and every the Maſters, Com-
Britain, &c. manders, and Owners of Ships or Veffels belonging to
to pay only any of the Subjects of his Majefty, his Heirs or Suc-
bere. ceffors within the faid Kingdoms of Great-Britain, or
from Great-
20 Ann..
C. 17.
Ireland, or either of them, who fhall trade or fail
from Great Britain, or Ireland, to any of the faid
Iſlands, Colonies, or Dominions, and back again to
Great-Britain or Ireland, fhall pay the ſaid Duty of
Six-pence per menfem only in the faid Kingdoms of
Great-Britain and Ireland reſpectively, and no Part
thereof in any of the ſaid Iſlands, Colonies, or Domi-
nions.
↑
5. And whereas by the faid Act of the Tenth of
Queen Anne, the Mafters, Commanders, and Owners of
Ships in his Majesty's Service, are exempted from being
Summoned and examined by the Receivers of the faid
Duty, and their Deputies, in fuch Manner as the
Mafters, Commanders, and Owners of Merchant Ships,
and other private Veffels are thereby made liable to,
and alfo from the Penalties and Forfeitures thereby
impoſed and inflicted for refusing to obey fuch Summons,.
and make fuch Difcovery, as by the faid laft mentioned
Alt is required, and for neglecting to pay the faid Du-
ty within the Time thereby limited for Payment there-
of, which Exemption has been claimed by, and allowed.
to the Mafers, Commanders, and Owners of Merchant
Ships, and other private Veſſels hired and imployed by
the
[349]
the Commiffioners, or other Officers of the Navy, Vic-
tualling, Ordnance, Cuftoms, Poft-Office, and other
Publick Offices of the Crown, whereby the Mafters,
Commanders, Owners, and Sailors belonging to fuch
Ships and Veſſels have often avoided the Payment of the
Laid Duty, contrary to the true Meaning of the faid
Act of the Tenth of Queen Anne, which only intended
to exempt the Commanders and other Officers of his
Majefty's Ships of War, from fuch Summons, Exami-
nations, and Penalties: For Remedy whereof, Be it
further enacted by the Authority aforefaid, That it
fhall and may be lawful to and for the Receiver and
Receivers of the faid Duty fo appointed, or to be ap-
pointed, as aforefaid, and his or their Deputy or De-
puties for the Time being, by Warrant under his or
their Hand or Hands to fummon and examine upon
Oath all and every the Mafters, Commanders, and
Owners of Merchant Ships, and other Veffels hired or
imployed, or that at any Time hereafter ſhall be hired
or imployed by the Commiffioners, or other Officers
of the Navy, Victualling, Ordnance, Cuſtoms, Poft-
Office, or any other Publick Office or Offices of the
Crown, for or in the Service of his Majefty, his Heirs
or Succeffors, in fuch and the fame Manner as fuch
Receiver or Receivers and his or their Deputy or De-
puties, are by the faid Act of the Tenth of Queen
Anne, and by this prefent Act, directed and impow-
ered to fummon and examine the Maſters, Command-
ers, and Owners of other Merchant Ships, and private
Veffels; and if any fuch Mafter, Commander, or Masters of
Owner of any Ship or Veffel hired or imployed, or to Merchant
Ships hired.
be by the Com..
[350]
}
miſſioners of be hired or imployed by the Commiffioners, or other
the Navy, Officers of any fuch Publick Office or Offices, for or
&c. may be
examined by in the Service of his Majefty, his Heirs or Succeffors, as
the Re-
ceivers.
10 Ann.
C. 17.
201.
aforeſaid, fhall refuſe to appear, or to make fuch Dif-
covery upon Oath, as by the faid Act of the Tenth of
Queen Anne is required to be made by the Maſters,
Commanders, and Owners of other Merchant Ships,
and private Veffels (which Oath fuch Receiver or Re-
On Refufal ceivers, and his or their Deputy or Deputies for the
to be exam. Time being, and every of them refpectively, is and
ined, forfeit
are hereby impowered and required to adminifter) or
fhall neglect to pay fuch Monies, as fhall from Time
to Time be due to the faid Hofpital, from fuch Ma-
fter, Commander, or Owner refpectively, for or on
Account of the ſaid Duty, within the Time herein af-
ter limited and appointed for Payment thereof, then
and in every fuch Cafe every fuch Mafter, Command-
er, and Owner of any Ship or Veffel fo hired or im
ployed, or to be hired or imployed by the Commif-
fioners, or other Officers of any fuch Publick Office or
Offices, for or in the Service of his Majefty, his Heirs
or Succeffors, as aforefaid, ſo refufing or neglecting,
ſhall for every ſuch Refuſal or Neglect forfeit the Sum
of twenty Pounds of lawful Money of Great-Britain,
to be recovered and applied in fuch Manner, and for
fuch Uſes, as in that Behalf is herein after mentioned
and directed.
,
6. And for the easier and more effectual collecting
the faid Duty of Six-pence per menfem of and from
the Mafters, Commanders, and Owners of Merchant
Ships,
^
[ 35 ]
Ships, and other private Veffels hired or imployed, or
that ſhall be hereafter hired or imployed by the Commif
fioners, or other Officers of fuch Publick Offices, as
aforefaid, for or in the Service of his Majesty, his Heirs
or Succeffors: Be it further enacted by the Authority
aforefaid, That the Secretaries or Chief Clerks of the Secretaries
Navy Office, Victualling Office, Office of Ordnance, of the Pub-
lick Offices,
Cuſtom-Houſe, Poft-Office, and all other Publick Of- to give in a
fices of the Crown, ufually hiring or imploying Ships Lift of Ships
imployed in
or Veffels for or in the Service of his Majefty, his Heirs their Ser-
or Succeffors, fhall once in every Year Yearly, upon vice.
the first Day of January in each Year, or within
twenty Days next following at the fartheft, give and
deliver to, or into the Office of the Receiver or Re-
ceivers of the faid Duty in the Port of London, a true
and exact Lift or Account of the Number and Names
of all and every the Ships or Veffels, that in the Year
preceding every fuch Account fhall have been hired
or imployed by the Commiffioners, or other Officers
of every fuch Office refpectively, for or in the Service
of his Majefty, his Heirs or Succeffors, and of all and
every the Ships and Veffels, which, at the Time of
delivering in fuch Account, remain in the Service of
every fuch Office refpectively, and of all fuch as be-
tween every fuch Account ſhall be diſcharged from
fuch Service, and of the Names of the Maſters,
Commanders, and Owners of all and every
fuch Ships and Veffels refpectively, and alſo of the
Numbers of Seamen, or other Perfons that fhall from
Time to Time be imployed in every fuch Ship or Vef-
fel; And that no Treaſurer, Paymafter, or other Offi- Treaſurer of
the faid Of-
cer,
[ 352 ]
fices to pay cer, of or belongingto any fuch Publick Office or Of-
no Wages
to any Ma- fices, fhall make out or pay any Bill for the Freight of
fter 'till be any Ship or Veffel fo hired or imployed, or to be hired
produce an
or imployed for or in the Service of his Majefty, his
Acquittance
Heirs or Succeffors, as aforefaid, or pay any Wages to
from the
Receiver. any Mafter, Commander, Seaman, or other Perfon
imployed, or that ſhall be imployed, in any ſuch
Ship or Veffel, until every fuch Mafter, Commander,
or Owner refpectively, ſhall and do produce and
ſhew unto fuch Treaſurer, Paymafter, or other Offi-
cer reſpectively, an Acquittance or Certificate figned
by the faid Receiver or Receivers, or his or their De-
puty or Deputies for the Time being, whereby it ſhall
appear that fuch Maſter, Commander, or Owner,
hath duly and fully paid and diſcharged the faid Du-
ty of Six-pence per menfem, and that he is not more
than thirty Days in Arrear to the faid Hofpital; and
in caſe any Default, Neglect, or Omiffion fhall be
made by any fuch Secretary, Chief Clerk, Trea-
furer, Paymaster, or other Officer of or belong-
ing to any of the faid Publick Offices refpectively, in
any of the Acts, Matters, or Things, hereby directed
to be by them reſpectively done and performed as
aforeſaid, or ſhall in any wife act contrary to the be-
fore mentioned Directions, then and in every of the
faid Cafes every fuch Secretary, Chief Clerk, Treafu-
rer, Paymafter, and other Officer, fo making Default,
Neglect, or Omiffion, or acting contrary to fuch Direc-
tions as aforefaid, fhall for every fuch Act, Default,
On Penalty Neglect, or Omiffion, forfeit the Sum of fifty Pounds
of lawful Money of Great-Britain, to be recovered
of 50 1.
and
[ 353 ]
and applied in fuch Manner, and for fuch Ufes, as in
that Behalf is herein after mentioned and directed.
10 Ann.
C. 17.
&c. to pay
inwards by
7. And whereas by the faid Act of the Tenth of 10
Queen Anne, the faid Duty of Six-pence per menfem
is directed to be paid by the Mafters, Commanders, or Maſters,
Owners of Ships or Veffels thereby made liable to pay the Duty be-
the fame, within fourteen Days after they should be fore they
cleared inward by the Officers of the Cuftoms, which are cleared
hath been found ineffectual, in as much as many Ma- the Custom-
fters and Commanders of Ships and Veſſels, after they bouſe.
have been cleared at the Custom-Houfe, have wholly
neglected to pay the faid Duty, whereby great Detri-
ment and Lofs bath happened to the faid Hofpital: For
Remedy whereof, Be it further enacted by the Autho-
rity aforefaid, That from henceforth all and every the
Maſters, Commanders, and Owners of all Merchant
Ships, and other private Ships and Veffels whatſoever,
by this or any of the faid former Acts made liable to
the Payment of the faid Duty of Six-pence per men-
Sem, fhall pay all fuch Monies, as fhall from Time
to Time be due from them, and every of them re-
ſpectively, unto the faid Hofpital, for or on Account
of the faid Duty, before any fuch Ships or Veffels
fhall be cleared inwards by the Officers of the Cu-
ftoms of his Majefty, his Heirs or Succeffors, in any
of the Ports of this Kingdom of Great-Britain, or of
the faid Kingdom of Ireland, or of the faid Iſlands of
Guernsey, Jersey, Alderney, Sark, and Man, or of
any of them, or of any of his Majeſty's Colonies,
Ilands, or Dominions in America; and that no Cu-
A
Z z
ftomer,
[ 354 ]
ſtomer, Collector, Comptroller, Receiver, Surveyor,
Searcher, Waiter, or other Officer whatſoever, of or
belonging to the Cuſtoms of his Majefty, his Heirs or
Succeffors, fhall, at any Time hereafter, clear in-
wards any Merchant Ship or private Veſſel whatſoever,
by this or any of the faid former Acts made or declar-
ed liable to the Payment of the faid Duty of Six-pence
per menfem, or grant any Warrant, or give or make
out any Cocquet, Tranfires, Returns, or Diſcharges,
unto or for any fuch Ship or Veffel whatſoever, or
ſhall permit or fuffer any fuch Ship or Veffel to go out
of any the Ports before mentioned, until the faid Ma-
fter, Commander, or Owner or Owners of every ſuch
Ship or Veffel reſpectively ſhall and do produce and
fhew forth unto fuch Officer or Officers, an Acquit-
tance or Certificate figned by the faid Receiver or
Receivers or his or their Deputy or Deputies for the
Time being, whereby it ſhall appear, that fuch Ma-
fter, Commander, or Owner or Owners, have duly
and fully paid and diſcharged the ſaid Duty, and that
he or they is not or are more than thirty Days in Ar-
rear to the ſaid Hoſpital, or that they are exempted
from the Payment of the faid Duties by Virtue of the
Exceptions herein, and in the faid Act of the Tenth
Mafters, of Queen Anne contained; and every Mafter, Com-
Cuſtomers, mander, and Owner of any fuch Ship or Veſſel, who
&c. making
Default, fhall refuſe or neglect to pay the faid Duty of Six-
forfeit 201. pence per menfem, in the Manner and within the
Time herein before mentioned, limitted, and appoint-
ed for Payment thereof, and alfo every Cuftomer,
Collector, Comptroller, Receiver, Surveyor, Searcher,
Waiter,
[355]
Waiter, and other Officer of the Cuftoms, who fhall
make Default in any of the Premiffes injoined them
refpectively by this Act, or fhall in any wife act con-
trary to the Directions herein before mentioned, fhall
for every fuch Refufal, Neglect, Default, or Act, for-
feit the Sum of twenty Pounds of lawful Money of
this Kingdom, if fuch Forfeitures fhall be incurred
within Great-Britain or Ireland, or to the Amount
thereof in the Money of fuch Iſlands, Colonies, or Do-
minions where the fame fhall be incurred, to be re-
covered and applied in fuch Manner, as in that Behalf
is herein after mentioned and directed.
to be accept-
8. Provided, and be it further enacted by the Au- Quaker's
thority aforefaid, That in all Cafes, wherein by this Affirmation
Act an Oath is required or appointed to be taken, the ed instead of
folemn Affirmation and Declaration of the People an Oath.
called Quakers fhall be accepted inſtead of ſuch Oath,
in fuch Manner and Form, as by the Laws and Sta-
tutes of this Kingdom is directed and appointed; and
if any fuch Quaker ſhall refuſe to make fuch folemn
Affirmation and Declaration in any Cafe, wherein
any other Perſon is hereby required to take an Oath,
every fuch Quaker fo refufing fhall, for every fuch
Offence, be ſubject to the like Forfeitures and Pe-
nalties as any other Perfon refufing to take an Oath,
is made liable to by this Act; and in cafe any fuch Quakers or
Quaker fhall, upon his folemn. Affirmation or Decla- others guilty
ration, affirm or declare any Matter which fhall be fa false
Affirmation
falſe, or if any other Perfon, before any fuch Receiver or Oath,
or other Perfon hereby authorized to adminifter liable to like
Puniſhment
Z z 2
Oaths,
[356]
as wilful Oaths, fhall wilfully make a falfe Oath, every fuch
Perjury.
Quaker, or other Perfon, being thereof lawfully con-
victed, fhall, for every fuch Offence, fuffer, and be lia-
ble to the like Fines, Pains, Penalties, and Puniſh-
ments, as Perfons convicted of wilful and corrupt Per-
jury are fubject or liable to by the Laws of the refpec-
tive Places where fuch Offence fhall be committed..
Forfeitures
and Penal-
ties how to
9. And be it further enacted by the Authority afore-
faid, That all and every, the Forfeitures and Penalties,
be fued for. which fhall at any Time hereafter be incurred by Vir-
tue of this Act, or any Clauſe therein contained, with-
in the Kingdoms of Great-Britain and Ireland re-
fpectively, ſhall be fued for and recovered in ſuch
Manner, and with fuch Cofts of Suit, as by the faid
Act of the Tenth of Queen Anne is preſcribed and di-
rected for the Recovery of the Penalty or Forfeiture
of twenty Pounds, hereby laid. or inflicted upon the.
faid Mafters, Commanders, and Owners of Ships or
Veffel's neglecting or refufing to appear, or make Dif-
covery, or to pay the faid Duty, in fuch Manner as
by the ſaid laſt mentioned Act is required and direct-
ed; and that all and every the Forfeitures and Penal-
ties, which fhall at any Time hereafter. be incurred.
by Virtue of this Act, or any Clauſe therein contain-
ed, within the faid Iflands of Guernsey, Jersey, Alder-
ney, Sark, and Man, or the faid Colonies, Iflands,
or Dominions in America, or within any of them re-
ſpectively, fhall be fued for and recovered within the
faid Iflands, Colonies, and Dominions refpectively,
in fuch and the fame Manner as is. ufual in fuing for.
and
[ 357 ]
and recovering other Forfeitures or Penalties incurred
by Virtue of Penal Laws within the faid Iſlands, Co-
lonies, and Dominions refpectively, together with dou-
ble Gofts of Suit; and that one Moiety of all and
every the faid Forfeitures and Penalties, when reco-
vered, fhall go and be to the Uſe of the faid Hofpi-
tal, and the other Moiety thereof to the Uſe of ſuch
Perfon or Perfons, as fhall fue for the fame in Manner.
as aforefaid..
10. And be it further enacted by the Authority General If
aforefaid, That if at any Time or Times hereafter, fue.
any Perſon or Perfons fhall be fued for any Matter or
Thing, which fhall be done by Virtue or in Executi-
on hereof, fuch Perfon or Perfons fhall and may plead.
the General Iffue, and give this Act and the fpecial
Matter in Evidence; and if upon any Trial the
Plaintiff fhall become nonfuited, or a Verdict fhall Treble Cofts..
paſs for the Defendant, fuch Defendant ſhall recover C. 36. S.
and be allowed treble Cofts of Suit.
2 Geo. II.
9, 10.
Anno
[ 358 ]
Perfons fe-
loniously
Stricken or
the Sea, &c.
and dying in
Anno 2do Geo. II. Cap. 21.
An Act for the Trial of Murders in Cafes
where either the Stroke, or Death only
happens, within that Part of Great-Bri-
tain called England.
OR
Fo
R preventing any Failure of Justice, and tak-
ing away all Doubts touching the Trial of Murders
in the Cafes herein after mentioned: Be it enacted by
the King's moſt Excellent Majefty, by and with the
Advice and Conſent of the Lords Spiritual and Tem-
poral, and Commons, in this prefent Parliament af
fembled, and by the Authority of the fame, That
where any Perſon, at
Perfon, at any Time after the twenty-fourth
poisoned on Day of June, in the Year of our Lord one Thouſand
feven Hundred and Twenty Nine, fhall be feloniouſly
England, ftricken or poiſoned upon the Sea, or at any Place out
or fricken of that Part of the Kingdom of Great-Britain called
or poiſoned
England, and ſhall die of the fame Stroke or Poiſoning
within that Part of the Kingdom of Great-Britain
called England; or where any Perfon, at any Time
after the twenty-fourth Day of June, in the Year of
our Lord one Thouſand ſeven Hundred and Twenty
Nine, ſhall be feloniouſly ſtricken or poiſoned at any
Place within that Part of Great-Britain called Eng-
land, and fhall die of the fame Stroke or Poifoning
upon the Sea, or at any Place out of that Part of the
Kingdom of Great-Britain called England; in either
in Eng
Jand, and
dying on the
Sea, &c.
of
•
[ 359 ]
Stroke,
happens,
Goal Deli-
very, &c.
of the ſaid Caſes, an Indictment thereof found by the An Indict-
Jurors of the County, in that Part of the Kingdom of ment found
by Furors of
Great-Britain called England, in which fuch Death, the County
Stroke, or Poiſoning fhall happen refpectively, as afore- where
faid, whether it fhall be found before the Coroner, Poisoning,
upon the View of fuch dead Body, or before the Ju- or Death
ſtices of the Peace, or other Juftices, or Commiffioners, ball be good
who ſhall have Authority to inquire of Murders, ſhall against
be as good and effectual in the Law, as well againſt and Accef-
Principal
the Principals in any fuch Murder, as the Acceffaries faries.
thereunto, as if fuch felonious Stroke, and Death there-
by enfuing, or Poiſoning, and Death thereby enfuing,
and the Offence of fuch Acceffaries, had happened in
the fame County where fuch Indictment fhall be
found; and that the Juftices of Goal Delivery, and Justices of
Oyer and Terminer, in the fame County where fuch
Indictment ſhall be found, and alfo any fuperior Court, shall pro-
in cafe fuch Indictment fhall be removed into fuch ceed thereon..
fuperior Court, ſhall and may proceed upon the fame
in all Points, as well againſt the Principals in any fuch
Murder, as the Acceffaries thereto, as they might or
ought to do, in cafe fuch felonious Stroke, and Death
thereby enſuing, or Poiſoning, and Death thereby en-
fuing, and the Offence of fuch Acceffaries, had hap-
pened in the fame County where fuch Indictment
ſhall be found; and that every fuch Offender, as well And Of
Principal, as Acceffary, fhall anſwer upon their Ar- anfwer, and
fenders fhall
raignments, and have the like Defences, Advantages, receive the
and Exceptions (except Challenges for the Hundred) &c. as if
and ſhall receive the like Trial, Judgment, Order, the Murder
and Execution, and fuffer fuch Forfeitures, Pains, and bad happen-
ed in fuck
Penalties, County,
•
like Trial,
[360]
Penalties, as they ought to do, if fuch felonious
Stroke, and Death thereby enfuing, or Poiſoning, and
Death thereby enfuing, and the Offence of fuch Ac-
ceffaries, had happened in the fame County where
fuch Indictment fhall be found.
This Alt by
12 Geo. II.
C. 13. S. 3.
S.3:
Anno 2do Geo. II. Cap. 23.
is continued An Act for the better Regulation of Attor-
'till the
24th of
June 1748,
&c.
28.
This Att
not to ex-
the Council
P
nies and Solicitors.
ROVIDED alfo, That this Act, or any
Thing herein contained, fhall not extend,
tend to the or be conftrued to extend, to the Examination, Swear-
Solicitors of
the Treafu- ing, Admiffion, or Inrollment, of Perfons to be Soli-
ry, &c. or citors of the Treafury, Cuſtoms, Excife, Poſt-Office,
Alifant to Salt or Stamp Duties, or of any other Branches of his
of the Ad- Majefty's Revenue for the Time being, or of the So-
miralty. licitor of the City of London for the Time being, or
of the Affiſtant to the Council for the Affairs of the
Admiralty and Navy; but that fuch Solicitors and
Affiftant may be examined, fworn, admitted, and
practiſe, in their reſpective Offices only, as they might
have done before the making this Act.
+
Anno
[ 361 ]
(
Anno 2do Geo. II. Cap. 36.
An Act for the better Regulation and Go-
vernment of Seamen in the Merchants
Service.
W HEREAS the Welfare and Riches of this
Kingdom greatly depend on the Trade and Na-
vigation thereof, the fame being of great Ufe and Be-
nefit, and tending very much to enriching the Subjects
thereof, upon which great Numbers of the Artificers
and Manufacturers Livelihoods wholly depend; and
whereas, for feveral Years laft paft, the Navigation
carried on by the Merchants to Parts beyond the Seas
hath been, and doth ftill remain, under very great
Difficulties and Expences, by the Uncertainty they
labour under by Seamen and Mariners, who fhip
themſelves on board Merchant Ships, and after they
have fo done, neglect their Duty, and will not remain
on board their Ships or Veffels, to diſcharge their Du-
ty; and very often, when Ships and Veffels come to be
cleared out, in Order to proceed on their respective
Voyages, the Seamen refuſe to proceed with them, with-
out coming to new Agreements for increafing their
Wages, and many of them will leave their Ships and
Veffels, and not proceed on their Voyages, which puts
the Owners of fuch Ships and Veffels to great Trouble
and Charges to get other Sailors or Mariners in their
Stead, and often is a Means to overfet the Voyages of
A a a
fuch
[362]
Such Ships and Veffels, to the great Prejudice of the
Owners and Freighters of the Goods on board the faid
Ships and Veffels; and yet fuch Seamen and Mariners
after they have committed fuch Offences and Diſorders,
will bring Actions against the Owners or Masters of
the ſaid Ships and Veffels for the Recovery of their
Wages from the Time of their shipping themfelves unto
the Time they quit the faid Ships and Veffels: And
whereas many of the faid Seamen and Mariners will
neglect their Duty when on board at Sea, and defert
their Ships and Veffels in foreign Parts, which puts the
faid Owners of Ships and Veſſels to very great Diffi-
culties and Expences, to get others in their Stead, to
bring their Ships and Veffels home; and after-
wards fuch Seamen and Mariners infift on reco-
vering their Wages, notwithstanding their voluntary
Defertion; all which is a great Difcouragement to
Trade and Navigation: Therefore, in Order to pre-
vent fuch Practices for the future, May it pleafe your
Majeſty that it may be enacted: And be it enacted
by the King's moft Excellent Majefty, by and with
the Advice and Confent of the Lords Spiritual and
Temporal, and Commons, in this preſent Parliament
No Maſters affembled, and by the Authority of the fame, That
of Ships to from and after the twenty-fourth Day of June, one
proceed on
a Voyage Thouſand ſeven Hundred and Twenty Nine, it ſhalk
not be lawful for any Mafter or Commander of any
agreeing
with the Ship or Veffel bound to Parts beyond the Seas, to car-
Mariners ry any Seaman or Mariner except his Apprentice or
for Wages. Apprentices, to Sea, from the Port or Place, where he
without
or they were entred, or ſhipt, to proceed on any Voy-
age
[363 ]
age to Parts beyond the Seas, without firft coming to
an Agreement or Contract with fuch Seamen or Mari-
ners for their Wages, which Agreement or Agree-
ments ſhall be made in Writing, declaring what Wa-
ges each Seaman or Mariner is to have reſpectively du-
ring the whole. Voyage, or for fo long Time as he or
they ſhall ſhip themſelves for; and alſo to expreſs in
the faid Agreement or Contract the Voyage, for which
fuch Seaman or Mariner was ſhipt, to perform the
fame; and in cafe any Maſter or Commander of any
Ship or Veffel ſhall carry out any Seaman or Mariner,
except his Apprentice or Apprentices, upon any Voy- Apprentices
age to Parts beyond the Seas, without firſt entring in- excepted.
to fuch Agreement or Contract, as aforefaid, and he
and they figning the fame, fuch Maſter or Command-
er fhall forfeit and pay the Sum of five Pounds for On Forfei
every fuch Seaman or Mariner, which he shall carry for each
to Sea without entring into fuch Agreement in Writ-Mariner.
ing, as aforefaid, to the Uſe of Greenwich Hofpital, to
be recovered upon Information on the Oath of one or
more Witneſs or Witneffes, before any one or more of
his Majeſty's Juftice or Juftices of the Peace, who are
hereby authorized and required to iffue out his or
their Warrant or Warrants to bring before him or them
fuch Maſter or Commander of any fuch Ship or Vef-
fel; and in caſe he or they refuſe to pay fuch Penalty
or Forfeiture, as aforefaid, to grant his or their War-
rant or Warrants, to levy the fame by Diſtreſs and
Sale of the Offender's Goods; and, in cafe no Diſtreſs
can be found, to commit the Offender or Offenders
to the Common Goal of the City, County, Town, or
Aaa 2
Place,
[364].
Place, there to remain until he or they fhall pay the
fame.
Mariners to 2. And be it further enacted,. That if any Seaman
Lign the
Agreement. or Mariner enter or Ship himſelf on board any Mer-
chant Ship or Veffel, on any intended Voyage for
Parts beyond the Seas,. he and they fo entring them-
felves, as aforefaid, fhall, and they are hereby obliged
to fign fuch Agreement or Contract within three Days
after he or they fhall have entred themſelves on board
any Ship or Veffel, in Order to proceed on any Voy-
age, as aforefaid; which Agreement or Agreements,
or Contracts, after the figning thereof, fhall be conclu-
five and binding to all Parties, for and during the
Time or Times fo agreed or contracted for, to all In-
tents and Purpoſes, any Cuſtom or Ufage to the con
trary in any wiſe notwithſtanding,
Penalty on
Mariners
deferting,
azc.
3. And be it enacted and declared by the Autho-
rity aforefaid, That in cafe any Seaman or Mariner
ſhall defert, or refufe to proceed on the Voyage on
board any Ship or Veffel, bound to parts beyond the
Seas, as aforefaid, or that ſhall defert from the Ship or
Veffel, to which he or they fhall belong, in Parts be-
yond the Seas, after he or they ſhall have figned fuch
Contract or Agreement, he or they ſhall forfeit to the
Owners of fuch Ship or Veffel the Wages which ſhall
be due to him or them at the Time of his or their de-
ferting from fuch Ship or Veffel, or obftinately refuf-
ing to proceed on fuch Voyage..
4. And
[ 365 ]
7
1
+
the Peace
Correction.
4. And be it further enacted, that in caſe any fuch Justices of
Seaman or Mariner fhall. defert or abſent himſelf from
may commit:
any fuch Ship or Veffel, after he or they have en- Deferters to
tred into and figned fuch Contract or Agreement to
the Houſe of
proceed upon any Voyage to Parts beyond the Seas,
as aforefaid, upon Application made to any of his
Majeſty's Juſtices of the Peace, within their reſpec-
tive Juriſdictions, by the Maſter or Commander, Ow-
ner or Owners, or other Perfon or Perfons having
Charge of the faid Ship or Veffel, to which fuch
Seaman or Mariner did belong, it fhall and may be
lawful for fuch Juftice or Juftices, and they are here-
by required, to iffue forth his or their Warrant or
Warrants to apprehend fuch Seaman or Mariner
and in cafe he or they fhall refufe to proceed on the
Voyage, for which he or they entred into Contra&t
or Agreement to perform, as aforefaid, and fhall not
give a fufficient. Reaſon for fuch Refufal, to the Sa-
tisfaction of fuch. Juftice or Juftices, then to commit
fuch Seaman or Mariner to the Houſe of Correction,
there to be kept to hard Labour, not exceeding thir-
ty Days, nor leſs than fourteen Days, any thing to
the contrary notwithſtanding..
;
5. And be it enacted by the Authority aforefaid, Penalty on
that in caſe any Seaman or Mariner fhall abfent him- Mariners
abſenting
felf from the Ship or Veffel, to which he ſhall be from Ship
long, without Leave from the Maſter or Commander without
or other Chief Officer, having the Charge of fuch
Ship or Veffel, every fuch Seaman or Mariner fhall,
for
Leave..
$
[366]
for every fuch Day's Abſence, forfeit two Days Pay
to the Uſe of Greenwich Hofpital, to be recovered,
applied, and difpofed of, as is herein after directed
by this Act.
Penalty for 6. And whereas Seamen and Mariners, after their
leaving the
Ship before Ships Arrival at their Unlivering Port in Great-
discharged. Britain, oft-times leave the Ships and Veffels before
they are unladen, or before the faid Seamen and Ma-
riners are diſcharged by the Mafters or Commanders
of fuch Ships and Veffels; In order to prevent fuch
Practices for the future; Be it further enacted by the
Authority aforefaid, that in caſe any Seaman or Ma-
riner, not entring into the Service of his Majefty, his
Heirs, and Succeffors, fhall leave fuch Ship or Veſſel,
to which he or they belong, before he or they fhall
have a Diſcharge in writing from the Maſter or Com-
mander, or other Perfon having the Charge of fuch
Ship or Veffel, he or they fo leaving fuch Ship or
Veffel fhall forfeit one Month's Pay, to be recovered,
applied, and difpofed of, as is herein after directed.
Maſters to
7. And be it further enacted by the Authority
pay Mari-
ners Wages aforefaid, that upon the Arrival of any Ship or Veffel
in 30 Days into Great-Britain, from Parts beyond the Seas, the
after coming Maſters or Commanders of fuch Ships or Veffels ſhall
home.
be, and they are hereby obliged to pay the Seamen
and Mariners belonging to fuch Ships or Veffels their
Wages, if demanded, in thirty Days after the faid
Ships or Veffels being entred at the Cuſtom-Houfe,
except in caſe where a Covenant fhall be entred into
to
[367]
to the contrary, or at the Time the faid Seamen and
Mariners fhall be diſcharged, which ſhall first happen,
if demanded, deducting out of fuch Wages the Pe-
nalties and Forfeitures by this Act impofed, under the
Penalty of paying to each Seaman or Mariner that
fhall be unpaid, contrary to the Intent and Meaning
of this Act, twenty Shillings over and above the
Wages that ſhall be due to each Perfon, to be re-
covered by the fame Means and Methods, as the
Wages may be recovered; and fuch Payment of
Wages aforefaid fhall be good and valid in Law,.
notwithſtanding any Action, Bill of Sale, Attachment,,
or. Incumbrance whatſoever.
+
8. And be it further enacted, that no Seaman or In Cafe of
Mariner by entring into or figning fuch Contract or Suit for Wa-
Agreement, as aforeſaid, ſhall be deprived of or hinges, Maſter.
obliged to
dered from ufing any Means or Methods for the Re-produce the
covery of Wages againſt any Ship, the Mafter or Agreement..
Owners thereof, which he may now lawfully make
uſe of, and that in all Cafes where it ſhall or may be
neceffary that the Contract or Agreement in Writing
aforeſaid ſhould be produced in Court, no Obligation
ſhall lie on any Seaman or Mariner to produce the
fame, but on the Mafter, Owner or Owners of the
Ship, for which the Wages fhall be demanded; and
no Seaman or Mariner fhall fail in any Suit, Action,
or Proceſs for Recovery of Wages for Want of fuch.
Agreement or Contract being produced, any Law,
Uſage, or Cuſtom to the contrary notwithſtanding.
9. And
[368]
Maſters to
deduct out
of Seamen's
due to
9. And be it further enacted, that the Mafters, or
Commanders, or Owners of any Ships or Veffels,
Wages all fhall and they hereby have full Power to deduct, out
Penalties of the Wages of any Seaman or Mariner, all the
Greenwich Penalties and Forfeitures to be incurred by this Act,
Hofpital. and to enter them in a Book or Books to be kept
for that Purpoſe, and to make Oath, if required, to
the Truth thereof; which Book or Books fhall be
figned by the faid Maſter or Commander of each
Ship or Veffel reſpectively, and two or more principal
Officers belonging to fuch Ships or Veffels, fetting
forth that the Penalties and Forfeitures contained in
fuch Book or Books, are the whole Penalties and
Forfeitures ftopt from any Seamen or Mariners during
the whole Voyage; which Penalties and Forfeitures
(except the Forfeiture of Wages to the Owners on the
Deſertion of any Seaman or Mariner, or on refufing
to proceed on the Voyage) fhall go to, and be ap-
plied to the Ufe of Greenwich Hofpital, and not other-
wife, to be paid and accounted for by the Maſters
and Commanders of Ships and Veffels coming from
Parts beyond the Seas, to the fame Officer or Officers,
at any Port or Place, who collects the Six-pence per
Month, deducted out of Seamen's Wages, for the
Uſe of the faid Hofpital; which Officer fhall have
and hereby hath, full Power to adminiſter an Oath to
every Commander or Mafter reſpectively touching
the Truch of fuch Penalties and Forfeitures, to be
paid, applied, and diſpoſed of, as aforeſaid.
10. And
[369]
Months.
10. And be it further enacted, That in cafe any Forfeitures
Maſters, or Commanders, or Owners of any Ships or to the Hof-
to be paid
Veffels, fhall deduct out of the Wages of any Seamen pital within
or Mariners any of the Penalties and Forfeitures, which three
by this Act are directed to be deducted and applied to
and for the Ufe of Greenwich Hofpital, and fhall not
pay the Money fo deducted to fome Officer or Offi-
cers, who collect the Six-pence per Month, deducted
out of Seamens Wages, for the Uſe of the ſaid Hofpi-
tal, in the Port or Place where fuch Deduction fhall
be made, within three Months after fuch Deduction,
every Perſon ſo neglecting to pay the Money deduct-
ed, as aforeſaid, ſhall forfeit and pay treble the Value
thereof to the Ufe of the faid Hofpital; which, toge-
ther with the Money deducted, as aforefaid, fhall and
may be recovered by the fame Means and Methods, as
any Penalties and Forfeitures for not duly paying the
ſaid Six-pence per Month can or may be recovered.
II. And be it further enacted, That this Act fhall Publick Aut.
be deemed and taken to be a Publick Act; and all
Judges and Juftices are hereby obliged to take Notice
of it as fuch, without ſpecial pleading the fame.
By 8 Geo.
12. Provided always, and is is hereby enacted, Continuance
That this Act fhall continue and be in force for the of this Act.
Space of five Years, to be reckoned from the ſaid twen- II. C. 21.
ty-fourth Day of June, one Thouſand feven Hundred Continued
and Twenty Nine, and from thence to the End of the 25th of
then next Seffion of Parliament, and no longer. March
Bb b
13. Provided, ¹749, and
'till the
[ 370 ]
from thence
&c.
This Alt
13. Provided, That nothing in this Act contained
fhall extend, or be conftrued to extend, to debar any
not to debar Seaman or Mariner belonging to any Merchant Ship
Seamen or Veffel, from entring, or being entred into the Ser-
from entring
into the vice of his Majefty, his Heirs and Succeffors, on board
King's Ser-
any of his or their Ships or Veffels; nor fhall fuch
Seaman or Mariner, for fuch Entry, forfeit the Wages
due to him, during the Term of his Service in fuch
Merchant Ship or Veffel; nor fhall fuch Entry be
deemed a Deſertion.
vice,
Ships of
War not
chargeable
Anno 3º Geo. II. Cap. 36.
An Act for confirming a Patent granted by
her late Majesty Queen Anne to William
Trench Efquire, deceafed, for erecting a
Lighthouſe upon the Iſland or Rock called
Skerries, and for the better Maintenance
of the faid Lighthouſe, and for making
the Duties granted for maintaining the
Same perpetual.
7.
P
ROVIDED nevertheless, That nothing
in this Act contained ſhall extend, or be
with Duties conftrued to extend, to charge any of the Ships or
Veffels of War belonging to his prefent Majefty, his
Heirs or Succeffors with any of the Duties granted by
for the
Mainte-
nance of the
this
[ 37 ]
&c.
this Act, or the faid Letters Patent; any Thing here- Lighthouse,
in contained to the contrary thereof in any wife not-
withſtanding.
Anno 4to Geo. II. Cap. 18.
An Act to prevent counterfeiting the Paffes,
commonly called Mediterranean Paffes.
WHEREAS certain Treaties or Conventions
have been concluded, and are fubfifting between
the King's moft Excellent Majefty, and the feveral
States and Governments of Barbary, for establishing and
preſerving a firm and inviolable Peace between bis Ma-
jefty, and the faid States and Governments, and their
refpective Dominions and Subjects, by which Treaties
it is ftipulated and agreed, that all Ships and Veffels
belonging to his Majefty, or any of his Subjects, may
freely pass the Seas, and fafely enter and come into
the Ports and Harbours of the faid refpective States
and Governments, without any Lett, Hindrance, Sei-
zure, or Moleftation, upon producing Paffes of a cer-
tain Form, under the Hand and Seal of the Lord
High Admiral of Great-Britain and Ireland, or of the
Commiffioners for executing the Office of Lord High
Admiral of Great-Britain and Ireland, for the Time
being; and in Conformity to thofe Treaties, and purfu-
ant to Several Orders of his Majefty's moft Honourable
Privy Council, fuch Paffes have from Time to Time been
Bbb 2
iffued,
[372]
iſſued, and are commonly called Mediterranean Paffes
And whereas divers wicked and ill-difpofed Perfons;
Subjects of his Majefty, have made and forged fuch
Paffes, and have counterfeited the Seal of the faid Of-
fice, and the Hands of feveral of the Commiffioners for
executing the faid Office of Lord High Admiral of
Great-Britain and Ireland, and have fold and published
fuch falfe and counterfeit Paſſes in Parts beyond the
Seas, or elsewhere, which Practices do not only tend to
the manifeft Prejudice of his Majesty's Revenue, and
the Lofs and Damage of the Merchants of this King-
dom, by fubjecting their Ships, Perfons, and Effects, to
be feized and detained; but may also occafion a Breach
of the Peace, Amity, and Friendship, between this
Kingdom and the States and Governments aforementi-
oned, ſhould fuch Offenders go unpunished: And where-
as the faid Crimes and Offences, being frequently com-
mitted in foreign Parts, are not triable or cognizable
in any Court in Great-Britain or Ireland; For Reme-
dying fuch Defect and Inconvenience, and alſo for in-
Alicting a more exemplary Pnniſhment upon fuch Offend-
ers, Be it enacted by the King's moſt Excellent Ma-
jefty, by and with the Advice and Confent of the
Lords Spiritual and Temporal, and Commons, in this
preſent Parliament affembled, and by the Authority of
Counterfeit the fame, That if any Perſon or Perſons, after the
ing Medi-
terranean twenty-fourth Day of June, in the Year of our Lord
Paffes, is
one Thouſand ſeven Hundred and Thirty One, fhall
Felony with- within Great-Britain or Ireland, or any other his
out Benefit
of Clergy. Majefty's Dominions, or without, falfely make, forge,
or counterfeit, or cauſe or procure to be falfely made,
7
forged,
}
[ 373 ]
forged, or counterfeited, or wittingly or knowingly
act or affift in the falfe making, forging, or counter-
feiting any Pafs or Paffes, for any Ship or Ships what-
foever, commonly called a Mediterranean Paſs or Me-
diterranean Paffes, or fhall counterfeit the Seal of the
faid Office, or the Hand or Hands of the Lord High
Admiral of Great-Britain and Ireland, for the Time
being, or of any Commiffioner or Commiffioners for
executing the faid Office for the Time being, to any
fuch Paſs or Paffes, or fhall alter or erafe any true
and authentick Pafs or Paffes iffued or made out by
the Lord High Admiral of Great Britain and Ireland,
or the Commiffioners for executing the ſaid Office
for the Time being, or ſhall utter or publish as true
any fuch falſe, forged, counterfeited, altered, or
eraſed Päfs or Paffes, knowing the fame to be falfe,
forged, counterfeited, altered, or erafed, all and
every fuch Perſon and Perfons, being in due Form
of Law convicted of any of the Offences aforefaid,
in any proper Court of Great-Britain, Ireland, or
any of his Majefty's Plantations beyond the Seas,
where fuch Offence fhall be committed refpectively,
fhall be adjudged guilty of Felony, and fhall fuffer
Death as in Cafes of Felony, without Benefit of
Clergy...
2. Provided always, And it is hereby further en- ThefeCrimes
acted by the Authority aforefaid, that all and every committed in
the Crimes and Offences before mentioned, which his Majesty's
fhall be done or committed in any Country or Place or without,
out of Great-Britain, either within the Dominion may be tried.
>
Dominions,
of in any
in any Shire
[ 374 ]
7
of Great of his Majeſty, his Heirs, or Succeffors, or without,
Britain,&c. fhall and may be inquired of, tried, heard, deter-
mined and adjudged in any Shire or County. of
Great-Britain, by Virtue of the King's Commiffion,
or Commiffioners of Oyer and Terminer, and Goal
Delivery, or before any Court of Jufticiary in Scot
land reſpectively, in the fame manner as if fuch Of-
fence or Offences was or were done or committed
within the fame County or Shire where fuch Offen-
der or Offenders fhall be tried; any Law, Statute,
Cuſtom, or Uſage to the contrary notwithſtanding.
Anno to Geo. II. Cap. 18.
5
An Act for the further Qualification of
Juftices of the Peace.
This Act not 6.
to extend to
the Board of
6.P
ROVIDED alfo, That nothing in this
Act contained ſhall entend, or be conftrued to
GreenCloth; extend to incapacitate or exclude the Officers of the
Board of Green Cloth from being Juftices of the
Peace within the Verge of his Majefty's Palaces, or
Or Commif- to incapacitate or exclude the Commiffioners and
fioners and Principal Officers of the Navy, or the two Under
Principal
Officers of
Secretaries in each of the Offices of Principal Secre-
the Navy. tary of State, from being Juftices of the Peace in
and for fuch Maritime Counties and Places, where
they uſually have been Juftices of the Peace; any
thing herein contained to the contrary in any wife
notwithſtanding.
Anno
[ 375 ]
+
Anno to Geo. II. Cap. 20.
An Act for the better Regulation and Go-
vernment of Pilots licenfed by the Cor-
poration of Trinity-Houfe of Deptford
Strond in the County of Kent, and to
prevent Miſchiefs and Annoyances upon
the River of Thames below London-
Bridge.
15.
PR
ROVIDED alfo, That this Act, or This At
any Thing herein contained, fhall not shall not pre-
extend or be conftrued to extend to abridge, preju-te Ju-
judice or af-
dice, or derogate from any Right, Authority, or rifdiction of
Jurifdiction belonging to the Office of Lord High the Lord
Admiral; but that the fame fhall be and continue in Admiral,
the fame State and Condition as before the making
of this Act.
Anno
[376]
10 & 11
W. III.
C. .10.
1
Anno to Geo. II. Cap. 21.
An Additional Act for the Encouragement
of the Woollen Manufactures of this
Kingdom, by the more effectual prevent-
ing the unlawful Exportation of the
Woollen Manufactures of the Kingdom
of Ireland to Foreign Parts.
WHEREAS by an Act made in the Tenth
and Eleventh Years of the Reign of King
William the Third, intituled, An Act to prevent the
Exportation of Wool out of the Kingdoms of Ireland
and England, and for the Encouragement of the
Woollen Manufactures in the Kingdom of England,
certain Ships and Sloops are directed to cruize on
the Coafts of England and Ireland, particularly be-
tween the North of Ireland and Scotland, with Orders
to take and feixe all Ships, Veffels, and Boats, which
Shall export any Wool, with Intent to carry it into
Foreign Parts, but the Commanders of fuch Ships
and Sloops are not thereby authorized to feize Ships,
Veffels, and Boats, which shall export any Woollen
Manufactures from Ireland into Foreign Parts, the
Exportation whereof is nevertheless prohibited by Law,
and are difcouraged by other Restrictions in the faid
Act from putting the fame in Execution; therefore to
render the faid Act more effectual, Be it enacted by
the
[ 377 ]
to cruize on
the King's moſt Excellent Majefty, by and with the
Advice and Confent of the Lords Spiritual and Tem-
poral, and the Commons, in this preſent Parliament
affembled, and by the Authority of the fame, that Admiralty to
the Lord High Admiral of Great-Britain, or Com-appoint three
miffioners for executing the Office of Lord High Ad-eight or more
Ships, and
miral of Great-Britain, for the Time being, fhall arm'dSloops,
from Time to Time, direct and appoint three Ships the Coasts of
of the Sixth Rate, and eight or more armed Sloops, Great-Bri-
conſtantly to cruize on the Coafts of Great-Britain tain and
Ireland,
and Ireland, in fuch Stations as the faid Lord High
Admiral, or Commiffioners for the Time being, fhall
affign to fuch Ships and Sloops refpectively, with
Orders for taking and feizing all Ships, Veffels, and WithOrders
Boats, in which any Worfted, Bay, or Woollen Yarn, to feize Vef-
Cloth, Serges, Bays, Kerfeys, Says, Frizes, Drug-fels having
gets, Cloth Serges, Shalloons, or any other Dra- Manufac
pery Stuffs, or Woollen Manufactures whatſoever, tures on
made up or mixed with Wool, or Wool-flocks, board to be
exported
fhall be exported, or laden in order to be ex-from Ire-
ported from Ireland into Foreign Parts; and land to Fe-
that the faid Lord High Admiral, or the faid
Commiffioners for the Time being, fhall fend a
Lift of fuch Ships and Sloops, and the Names of Lifts of the
the Commanders thereof, together with true Copies Ships and
of the feveral Inftructions to them given, within ten Sloops to be
Days after the Date of the faid Orders, to his Ma- Commiffio-
jefty's Commiffioners for the Management of the ners of the
Cuſtoms in Great-Britain, and to the Commiffioners Customs,
with Copies
of his Majefty's Revenue in Ireland.
of the In-
2. And fructions.
Ccc
Woollen
reign Parts.
Sent to the
[ 37 ]
Command
and Sloops
may fearch
Veffels,
upon
'
2. And be it enacted by the Authority aforefaid,
ers of Ships That it fhall and may be lawful to and for the Com-
mander of every fuch Ship and Sloop in any Port,
Creek, or Road, or in the open Sea, within the Limits
of the Station which ſhall be affigned to fuch Ship or
Sloop, as aforefaid, to enter and ſearch, or caufe to
And on find-be entred and fearched, any Ship, Veffel, or Boat; and
ing the
if
Goods pro-
fuch Search any of the faid prohibited Com-
bibited,
modities. fhall be found therein, and the Maſter or
Commander of fuch Ship, Veffel, or Boat, fhall not
immediately produce to the Commander of fuch Ship
or Sloop a lawful Cocket or Warrant, licenfing the
Exportation or Tranſportation thereof, to take and
Carry Crew feize fuch Ship, Veffel, or Boat, and to carry the fame,
into Port. together with the Crew and Cargo thereof, into. any
Port in Great-Britain or Ireland.
and Cargo
Ships and
Goods for-
feited,
A
睿
​3. And be it further enacted by the Authority
aforefaid,. That every fuch Ship, Veffel, or Boat fo
taken and feized, with all her Guns, Tackle, Furni
ture and Apparel, and all the faid prohibited Commo-
dities, which ſhall be found therein, fhall be forfeited,
and the ſaid prohibited Commodities fhall be lodged
in the King's Warehouſe in ſuch Port, into which fuch
Ship, Veffel, or Boat fhall be carried, as aforefaid, un-
After Con- til it ſhall be condemned according to Law, and be-
demnation, ing fo condemned, fhall be expofed publickly to Sale,
to be fold
public on after one and twenty Days publick Notice thereof in
publickly
twenty-one Writing, being affixed upon the Cuſtom-Houſe of the
Days No-
faid Port, by Inch of Candle, to the laſt and beſt
tice...
Bidder;
[379]
Bidder; and that every fuch Ship, Veffel, or Boat, and
all the Guns, Tackle, Furniture, and Apparel thereof,
fhall after Condemnation thereof, be expofed to Sale in
like Manner; and that one fourth Part of the Produce of
fuch Sale or Sales ſhall be to the Commander of the Ship
or Sloop, that ſhall make fuch Seizure, as aforeſaid, one
other fourth Part to the other Officers of fuch Ship or
Sloop, one other fourth Part to the Mariners thereof, to be
equally diftributed to the faid Mariners by the Chief
Officer of the Cuſtoms in the ſaid Port, or by fuch
Perfon or Perfons as fhall be authorized to make fuch
Sale or Sales, as aforefaid, and the other fourth Part
thereof to his Majefty, his Heirs and Succeffors, after
a Deduction made out of the laft fourth Part for all
the Charges of Profecution and Condemnation: Pro-Informers
vided always, That if fuch Seizure fhall be made up- indemnified,
on the Information of any Perſon or Perfons, fuch In-
former or Informers fhall not only be indemnified
from the Pains, Penalties, and Forfeitures, to which
Exporters of the faid prohibited Commodities, their
Aiders and Abetters are liable, but fhall alfo receive And to have
one fifth Part of the Produce of fuch Sale or Sales, a fifth Part
of the Sale.
and the Refidue thereof ſhall be divided into four
equal Parts, and diftributed in fuch Manner as is here-
in before directed.
4. And be it further enacted by the Authority General If-
aforefaid, That if any Action fhall be commenced Sue.
againſt any Perfon for what he fhall do in Purſuance
of this Act, fuch Perſon ſhall and may plead the Ge-
neral Iffue, and give this Act and the ſpecial Matter
Ccc 2
in
[ 380 ]
in Evidence; and if the Plaintiff fhall become non-
fuit, or diſcontinue the Action, or if a Verdict fhall
paſs againſt him, or Judgment be given againſt him
Treble Cofts. upon a Demurrer, the Defendant fhall recover treble
Perfons
claiming
Shares in
Seizures to
give Secu-
rity to an-
fwer the
Penalties.
1
Not to make
nalties of
Cofts.
5. And be it further enacted, That no Perfon or
Perfons fhall be admitted to claim Property in any
Seizure that fhall be made upon any Claufe in this or
any Act of Parliament, for preventing the unlawful
Exportation of Woollen Goods from Ireland, 'till he
or they ſhall firft have given fufficient Security by
Recognizance entred into before one of the Commif-
fioners of the Revenue in Ireland, or one of the Ba-
rons of the Court of Exchequer in England, to an-
ſwer the Penalties attending the Forfeiture thereof.
7. Provided always, That this Act, or any Thing
void the Pe-therein contained, fhall not extend, or be conſtrued to
former Acts, extend, to difannul or make void any other Penal-
on Exporta- ties or Forfeitures inflicted by any former Law, upon
tion of Wool.
the Exportation of Wool and Woollen Manufactures,
or to alter or repeal any Clauſe therein. contained,
which is not hereby altered or repealed; any Thing
herein contained to the contrary thereof in any wiſe
notwithſtanding.
Anno
[381]
Anno 6to Geo. II. Cap. 25.
An Act for enabling his Majefty to apply
five Hundred Thousand Pounds out of
the Sinking Fund, for the Service of the
Year one Thouſand feven Hundred and
Thirty Three, and for the further Dif
pofition of the faid Fund, by paying off
one Million of South-Sea Annuities, and
for enabling his Majefly out of the Mo-
nies ariffen by Sale of the Lands in the
Iland of Saint Chriſtopher, to pay the
Sum of eighty Thoufand Pounds, for the
Marriage Portion of the Princess Royal,
and ten Thouſand Pounds to the Truſtees
for eſtabliſhing the Colony of Georgia in
America, and for making good all Defi-
ciencies and Charges, by taking of Broad
Pieces into the Mint out of the Coinage
Duty; and for appropriating the Supplies
granted in this Seffion of Parliament, and
for iffuing to the Subdean, Treafurer, and
Steward of the Collegiate Church of
Saint Peter Weſtminſter, out of the Mo-
nies
[ 382]
The Wages 18.
and Allow-
ance of Vic-
да
Hundred
in Ships of
nies referved for building fifty new
Churches within the Cities of London and
Weftminster, and the Suburbs thereof,
and for making Provifions for the Mini-
fters of the fame, four Thousand Pounds
for the Repair of the faid Collegiate
Church, and twelve Hundred Pounds for
finifhing the Dormitory belonging there-
unto.
further enacted by the Authority
Aaforefaid, That from and after the twenty-
Books of
tuals of one fourth Day of June, one Thouſand ſeven Hundred
Man in eve- and Thirty Three, there fhall be allowed upon the
every Ship of War, in Sea-Pay, a Man in
War, to be every Hundred Men, that the Complement of ſuch
allowed for Ship of War fhall confift of, and that the Produce of
Relief of
Officers the Wages of each fuch Seaman, and Value of his
Widows. Victuals, fhall be given and applied to the Relief of
the poor Widows of Commiffion and Warrant Offi-
cers of the Royal Navy, according to fuch Rules, Or-
ders, and Regulations, as his Majefty hath eſtabliſhed
and appointed, or ſhall eſtabliſh and appoint, for that
Purpoſe; and the Principal Officers and Commiffi-
oners of the Navy Royal, now and for the Time be-
ing, and all other Perfons herein concerned, ſhall and
are hereby authorized and impowered to give Allow-
ance on fuch Ships Books of the ſaid one Man in eve-
ry Hundred Men borne thereupon accordingly.
Anno
[383]
no
Anno 9¹º Geo. II. Cap. 35.
An Act for indemnifying Perfons who have
been guilty of Offences against the Laws
made for fecuring the Revenues of Cu-
froms and Excife, and for enforcing thoſe
Laws for the future.
HEREAS, notwithstanding the feveral Preamble,
Laws already made to prevent the unlawful
importing and clandeftine landing and running of pro-
hibited and uncuſtomed Goods, divers wicked and evil
difpofed Perfons have of late not only carried on, and do
Still continue fuch pernicious and illegal Practices, in
open Defiance of the Laws, to the great Diminution of
the Publick Revenue, and to the manifeft Prejudice of
the fair Traders, and likewife feduced great Numbers
of other Perfons to join with them in the faid wicked
Practices, whereby the Evil is become fo general, that
it is neceſſary that fome further Provifion should be
made for effectually preventing the fame, yet neverthe-
lefs as there may be ſome hope that many of the faid:
Perfons, who have been unwarily feduced, as aforefaid,
may be reclaimed by Grace and Clemency from offend
ing in the like Manner for the future, Therefore for the
Quiet and Eafe of his Majesty's Subjects, who may
have been guilty of fuch Offences, and that fuch of them
as are not yet become incorrigible, being freed from
their
[ 384 ]
Perſons
baving in-
curred any
their Fears and Apprehenfions, may be induced o
leave off their illegal Practices, and to return to their
lawful Callings and Occupations, and that fuch Perfons
as fhall after fuch an Act of Indulgence, and fo publick
a Warning, prefume to commit any of the faid Offences,
may be left without Excufe, and be brought to Justice,
and duly punished, as their Crimes fhall deferve, May
it pleaſe your Majefty that it may be enacted, and be
it enacted by the King's moft Excellent Majefty, by and
with the Advice and Conſent of the Lords Spiritual
and Temporal, and Commons, in this preſent Parlia-
ment affembled, and by the Authority of the fame,
That all and every his Majefty's Subjects of this his
Majefty's Realm of Great-Britain, their Heirs, Ex-
Penalty by ecutors, and Adminiſtrators, and every of them, who
clandeftine before the twenty-feventh Day of April, in the Year
running of of our Lord one Thouſand feven Hundred and Thirty
Six, have incurred any Penalty or Forfeiture in, by, or
for the clandeftine running, landing, unfhipping, con-
cealing, or receiving, any prohibited Goods, Wares,
or Merchandizes, or any foreign Goods liable to the
Payment of the Duties of Cuſtoms and Excife, or
either of them, and who are or may be fubject to any
Information, or other Proſecution whatſoever, for the
Duties of fuch Goods, or for the Penalties for the
running, landing, unfhipping, concealing, or receiv-
ing thereof, or for the making of any falſe Report or
Entry of the Loading of any Ship or Veffel, inwards
or outwards, or for making any Report or Entry in
a wrong Name or Names, or for not reporting any
fuch Ship or Veffel, or for breaking Bulk before mak-
Goods, &c.
before the
27th of
April,
1736,
Making
falfe Entry
of Goods,
ing
[ 385 ]
ing fuch Report or Reports, or for altering the Pack-
age
of any Goods on board any Ship or Veffel, or for
landing of any Goods without the Prefence of an
Officer, or for ſtaving or otherwiſe deſtroying or
ſpoiling any Goods at or after the Seizure thereof by
any Officer of the Cuſtoms or Exciſe, or other Perfon
duly authorized to make fuch Seizure, and any Per-
fons who have beat, abuſed, obftructed, or hindred, Or abufing
any Officer of the Cuftoms or Excife in the due Exe- Officers, &c.
indemnified.
cution of their Duty, or who have given or offered
a Bribe to any Officer of the Cuſtoms or Excife, and
all Perſons aiding, affifting, and abetting, in the com-
mitting any of the faid Offences, fhall be and are by
the Authority of this prefent Act acquitted, indem-
nified, releaſed and diſcharged againſt the King's
Majeſty, his Heirs, and Succeffors, and againſt all
and every other Perfon and Perfons, Bodies Politick
and Corporate, and any Officer or Officers of the
Cuſtoms or Excife, and every of them, of and from
all the ſaid Offences (not in this preſent Act hereafter
excepted and foreprized) and of and from all Penal-
ties, Forfeitures, Indictments, Outlawries, Convictions,
and Judgments, not herein after excepted, incurred,
had, or given, or that may or might ariſe or accrue
for or by Reafon or Means of any the faid Offen-
ces or other Matters or Things herein beforemen-
tioned and expreſſed.
4. And be it further enacted, that if any Perfon Officers dif-
or Perfons, who fhall claim the Benefit of this Act, charged and
ſhall, after fuch Claim, bring or commence, or cauſe Coſts againſt
Ddd
to
may recover
[ 386 ]
Benefit of
this Act,
terwards
them.
Perfons to be brought or commenced any Action, Plaint,
claiming the
Information, or other Proſecution whatſoever, againſt
any Officer of his Majeſty's Cuſtoms, or Excife, or
and yet af- other Perfon who fhall have aided or affifted any
profecuting fuch Officer, for or concerning any Act, Matter, or
Thing done or committed by them, or any of them,
on occafion of, or for, or by Reaſon or Means of any
of the Offences, Frauds, Mifdemeanors, or other
Matters or Things intended to be releaſed and dif-
charged by this Act, fuch Claim is, and fhall be
deemed to be an abfolute Diſcharge and Releaſe to
fuch Officer, or other Perfons, of and from all and
every fuch Actions, Suits, and Profecutions; and fuch
Officer or other Perſons may plead the General Iffue,
and give the ſpecial Matter in Evidence; and the
faid Officer or other Perfon fhall recover his Cofts of
Suit againſt the Perfon or Perfons fo bringing or com-
mencing fuch Action or Profecution.
Perfons hav-
ing the Be-
nefit of this
Alt, being
be
5. Provided alſo, And be it further enacted by the
Authority aforefaid, that all and every Perfon and
Perfons, who fhall take, receive, or be intitled to the
afterwards Benefit of this prefent Act of Indemnity, and ſhall
guilty of the afterwards be guilty of, or commit any of the Offen-
able to ces, Trefpaffes, Frauds, or Miſdemeanors, as are
profecuted herein before mentioned, or hereby intended to be
for both for acquitted, releaſed, or diſcharged, or any of the Of-
Offence, and fences hereafter in this Act to be mentioned or ex-
for Smug- preffed, fhall be fubject and liable to be profecuted,
gling Bonds,
not only for or in Reſpect of fuch new Offence by
&c.
him, her, or them committed, but ſhall alfo, for and
mer and new
in
[387]
in Reſpect of the faid Offences committed before the
making this Act, and for and in Refpect of all
Bonds and Securities by them or any them given to
his Majefty, or to any Perfon or Perfons for his Ma-
jefty's Ufe, commonly called Smuggling Bonds, be
fubject and liable to all and every the fame Pains,
Penalties, Forfeitures, and Actions, for Duties of
Cuſtoms or Exciſe, and Actions upon the ſaid Bonds
and Securities, as he, fhe, or they would have in-
curred, or been fubject or liable to, in cafe this Act
had never been made; any Thing herein contained
to the contrary thereof notwithſtanding.
Gallons, ex-
22. And be it further enacted by the Authority Veſſels arriv-
aforefaid, that from and after the faid twenty fourth ing from fo-
reign Parts
Day of June, One Thouſand Seven Hundred and with Six
Thirty Six, where any Ship or Veffel whatſoever, Pounds of
coming or arriving from foreign Parts, and having Tea on board,
or Brandy,
on board Six Pounds of Tea, or any foreign Brandy, &c. inCasks
Arrack, Rum, Strong Waters, or other Spirits what- under 60
foever, in Casks under Sixty Gallons (except only for
cept for the
the Uſe of the Seamen then belonging to and on Ufe of the
board fuch Ship or Veffel, not exceeding two Gallons Seamen,
for each Seaman) ſhall be found at Anchor, or hover-
ing within the Limits of any of the Ports of this Hovering
Kingdom, or within two Leagues of the Shore, or within two
ſhall be diſcovered to have been within the Limits of the Shore,
Leagues of
any Port, and not proceeding on her Voyage, Wind
and Weather permitting, (unleſs in cafe of unavoid- 6 Geo. I.
able Neceffity, and Diftrefs of Weather, of which C. 21.
Neceffity and Diſtreſs, the Maſter, Purfer, or other C. 18.
D dd 2
Perfon
8 Geo. I.
[ 388 ]
Perfon having or taking the Charge or Command of
fuch Ship or Veffel, fhall give Notice to, and make
Proof of before the Collector, or other Chief Officer
of the Cuſtoms of fuch Port, as aforefaid, immedi-
ately after the Arrival of fuch Ship or Veffel into the
All fuch faid Port) all fuch Tea, foreign Brandy, Arrack,
Goods with Rum, Strong Waters, and Spirits, together with the
the Package Chefts, Boxes, Casks, and other Package whatſoever,
to be for.
feited
in or put out
containing the fame Goods, or the Value thereof,
fhall be forfeited and loft (whether Bulk fhall then
have been broken, or not) and the fame Goods and
Package ſhall and may be feized and profecuted, or
the Value thereof be fued for, by any Officer or Offi-
cers of the Cuſtoms or Excife, in fuch Manner and
Form as herein after is expreffed; any Law, Statute,
or Cuſtom to the contrary notwithſtanding,
Foreign
23. And whereas foreign Goods are frequently
Goods taken taken out of Ships at Sea without the Limits of any
of any Veffel Port, with Intent to be fraudulently landed in this
within four Kingdom; For preventing thereof, Be it further en-
Leagues of acted by the Authority aforefaid, That in cafe any
Coafts with- foreign Goods, Wares, or Merchandizes, fhall, after
out Payment the twenty ninth Day of September One Thouſand
of Customs, Seven Hundred and Thirty Six, by any Ship, Boat,
the English
or Veffel whatſoever, be taken in at Sea, or put out
of any Ship or Veffel whatſoever, within the Diſtance
of four Leagues from any of the Coafts of this
Kingdom (whether the fame be within or without
the Limits of any of the Ports thereof) without Pay-
ment of the Cuftoms, and other Duties due and
payable
[389]
parent Ne-
the Mafter,
the Value,
*
payable for the fame (unleſs in cafe of apparent Necef-Unless in
fity, or fome other lawful Reaſon, of which the Ma- cafe of ap-
fter, or other Perſon having Charge of fuch Ship, Vef-ceffity,
fel, or Boat, ſo taking in the fame, fhall give immedi-
ate Notice to, and make Proof before the Chief Offi-
cer or Officers of the Cuftoms of the firft Port of this
Kingdom where he ſhall arrive) fuch Goods, Wares,
and Merchandizes, fhall be forfeited and loft, and the To be for-
Maſter, or other Perſon having Charge of fuch Ship, feited, and
Veffel, or Boat fo taking in the ſame, and all fuch Per-&c. to for-
fons who ſhall be aiding, affifting, or otherwife con-feit treble
cerned in the unfhipping or receiving of the faid
Goods, Wares, or Merchandizes, fhall forfeit treble the
Value thereof; and the Ships, Boats, and Veffels, into
which the faid Goods, Wares, and Merchandizes fhall And the
Veſſel
be unſhipped and taken in, fhall alſo be forfeited and Veel for
feited if not.
loft, any Ship, Boat, or Veffel, fo to be forfeited and above 100.
loft, not exceeding the Burthen of one Hundred Tons;
and the Maſter, Purfer, or other Perfon taking Charge
of fuch Ship or Veffel, out of which fuch Goods
ſhall be taken (unleſs in cafe of fuch apparent Neceffi-
ty, or other lawful Reaſon, whereof Notice fhall be
given by him, and Proof be made, as aforefaid) fhall
alfo forfeit treble the Value of the Goods fo unfhipped,
as aforefaid; which Forfeitures fhall be divided and
recovered, in fuch Manner as is herein after menti-
oned.
Tons.
24. And be it further enacted by the Authority FiftyPounds
aforefaid, That if any Perfon or Perfons whatſoever Penalty on
offering to
ſhall offer any Bribe, Recompence, or Reward what- bribe an
>
foever, Officer to
[ 390 ]
390]
&c.
Connivance, foever, to any Officer or Officers of the Cuſtoms or
Excife, to connive at, or permit any cuftomable or
prohibited Goods to be run on Shore, or to connive
at any falſe or ſhort Entry of any fuch Goods, or to
do any other Act whereby his Majefty might be de-
frauded in his faid Revenues, every fuch Perfon and
Perfons fhall, for every fuch Offence (whether the
fame Offer or Propofal fhall be accepted, or not) for-
feit the Sum of fifty Pounds, to be recovered and di-
vided in fuch Manner as herein after is mentioned.
Forfeitures
how to be
recovered
and diftri-
buted.
25. And be it further enacted by the Authority
aforefaid, That one Moiety of the feveral Penalties and
Forfeitures in this Act mentioned fhall be to the Ufe
of his Majefty, his Heirs and Succeffors, and the other
Moiety fhall be to the Ufe of fuch Perfon and Perfons
as ſhall inform, profecute, or fue for the fame (except
in fuch Cafes where any other Appropriation or Dif-
tribution of the faid Penalties is made by this Act, or
by any other Act or Acts) and that all the fame Penal-
ties and Forfeitures fhall and may be profecuted and
fued for, and the Caufes and Controverfies arifing
thereupon, tried, heard, and determined, in any of
his Majeſty's. Courts of Record at Westminster, or in
the Court of Exchequer at Edinburgh refpectively,
(except where any Provifion to the contrary is made
by this or any other Law or Statute now in force)
wherein no Effoign, Protection, Wager of Law, or
more than one Imparlance fhall be allowed.
27. And
[391]
the Cuſtom-
27. And whereas in Ships from foreign Parts All Goods
Goods are often concealed in falfe Bulk-Heads, be-found con-
cealed after
tween the Linings and falfe Knees, or in concealed the Master's
Lockers, or in the Balaft or falfe Package, and other Report, at
private Places, which the Officers of the Cuftoms cannot House, for-
eafily find out or difcover, in Order to their being feited,
landed without Payment of Duties, and fuch Goods are
not by any Law liable to Forfeiture, unleſs the ſame be
found after clearing the Ship by the proper Officer or
Officers of the Cuftoms; For Remedy whereof, Be it
enacted by the Authority aforefaid, That all Goods
which fhall be found concealed, as aforefaid, or con-
cealed in any other Place on board any Ship or Veffel
at any Time after the Mafter thereof ſhall have made
his Report at the Cuſtom-Houſe, and which ſhall not
be comprized or mentioned in the faid Report, ſhall
be forfeited and loſt, and ſhall and may be ſeized and
profecuted by any Officer or Officers of the Cuſtoms,
and the Maſter, Purfer, or other Perfon having the And the
Charge or Command of fuch Ship or Veffel (in cafe Maſter, &c.
to forfeit
it can be made appear that he was any ways confent- treble the
ing or privy to fuch Fraud or Concealment) fhall for- Value.
feit treble the Value of the Goods fo found, to be di-
vided and recovered in fuch Manner as herein before
is mentioned.
28. And whereas the Punishment to which fuch Perfons
Perfons as ſhall forcibly obftruct or hinder any Officer ftructing or
forcibly ob-
of the Cuftoms or Excife, being on board any Ship, wounding
Boat, or Veſſel within the Limits of any of the Ports of board in the
•Officers on
this Execution
[392]
fice, to be
Years,
of their Of this Kingdom, are liable by Law, hath proved infuffi-
transported, cient; For preventing the faid Offences, Be it further
not exceed enacted by the Authority aforefaid, That from and
ing Seven after the faid twenty-fourth Day of June, one Thou-
fand ſeven Hundred and Thirty Six, if any Officer or
Officers of the Cuftoms or Exciſe being on board any
Ship, Boat, or Veſſel within the Limits of any of the
Ports of this Kingdom, be forcibly hindred, oppofed,
obftructed, wounded, or beaten, in the due Execution
of his or their Office or Duty, by any Perſon or Per-
fons whatſoever, either in the Day or Night, all and
every Perſon and Perſons ſo forcibly hindring, oppof-
ing, obftructing, wounding, or beating the faid Officer
or Officers in the Execution of his or their Office, and
all fuch as ſhall act in their Aid or Affiftance, being
convicted thereof, fhall, by Order of the Court, before
whom fuch Offender or Offenders fhall be convicted,
be tranfported to fome of his Majefty's Colonies and
Plantations in America, for fuch Term as fuch Court
ſhall think fit, not exceeding ſeven Years, in the fame
Manner as by one Act made in the fourth Year of the
& 6 Geo. I. Reign of his late Majeſty King George the Firſt, of
glorious Memory, intituled, An Act for the further
preventing Robbery, Burglary, and other Felonies, and
for the more effectual Tranſportation of Felons, and un-
lawful Exporters of Wool, and for declaring the Law
upon fome Points relating to Pirates, and by one other
Act made in the fixth Year of the Reign of his faid
late Majeſty, intituled, An Act for the better prevent-
ing Robbery, Burglary, and other Felonies, and for the
more effectual Tranſportation of Felons, the Offenders
As other
Felons by
the Alts, 4
therein
[393]
therein mentioned are to be tranſported to the faid
Colonies and Plantations; and if any fuch Offender
or Offenders fhall return into Great-Britain or Ire- Returning,
land before the Expiration of the ſaid Term, contrary ecuted as
ſhall be ex-
to the Intent and Meaning hereof, he or they ſo return- Felons.
ing ſhall fuffer as Felons, and have Execution award-
ed againſt them as Perfons attainted of Felony, with-
out Benefit of Clergy.
29. And be it further enacted by the Authority Officers
aforefaid, That from and after the faid twenty-fourth mard coast-
Day of June, one Thouſand ſeven Hundred and ing Veſſels,
Thirty Six, it ſhall and may be lawful to and for any
and fearch
Officer or Officers of the Cuſtoms or Excife, produc-ed Goods,
for probibit-
ing his or their Warrant or Deputation, Warrants or
Deputations, (if required) to go on board and enter in-
to any coaſting Ship or Veffel, which ſhall be within
the Limits of any of the Ports of this Kingdom, and to
rummage and ſearch the Cabbin, and all other Parts
of all fuch coafting Ships or Veffels for prohibited and
uncuſtomed Goods, and fuch Officer and Officers is
and are hereby authorized and impowered to ſtay and And conti-
remain on board all fuch Ships and Veffels, during the nue on board
whole Time that the fame hall continue within the during the
Veſſel's
Limits of any fuch Port, as aforefaid; and if any Per-Stay in the
fon or Perſons whatſoever fhall obftruct, oppoſe, mo-
left, lett, or hinder any Officer or Officers of the Cu-
ftoms or Exciſe, in going or remaining on board any fuch
coaſting Ship or Veffel, or in the entring or fearching
the Cabbin, or any other Part thereof, every ſuch Per-
fon and Perſons ſhall for every fuch Offence forfeit
and
Eee
Port.
[ 394 ]
One Hun- and lofe the Sum of one Hundred Pounds, to be di
dred Pounds vided and recovered in fuch Manner as herein before
Penalty on
obstructing is expreffed..
Officers.
34. And whereas by the prefent Practice of the
Court of Exchequer, and elſewhere, it is become necef
fary for all Officers of the Cuftoms and Excife, and
other Officers of the Revenue, upon the Trial of any
Information of Seizure, to give Proof of the exact Me-
thod and Manner of making the Seizure, with an Ac-
count of the Form of Words used on that Occafion,
notwithstanding the Defendant in fuch Caufe does, on
the claiming of fuch Goods, acknowledge that a Seizure
of them hath been made, whereby there often happens a
Failure of Justice, and his Majefty, and the Officer
making the Seizure, and profecuting the fame, are fre-
quently defeated of their Right, without entring into
In Trials of the Merits of the Caufe; For Remedy thereof, Be it
Seizures, further enacted by the Authority aforefaid, That on
Fudges to
all Trials of Seizures whatſoever in the Court of Ex-
proceed to
the Trial chequer, or elſewhere, the Seizure, together with the
af the Me-
Method and Form of making it, ſhall be taken to have
rits of the
Cauſe, with- been made by the Perfon or Perfons who fhall inform
out inquiring and fue for the fame, and to be done in the Manner
as fet forth in the Information, without Evidence
thereof; and all Judges and Juſtices of the Peace, be-
fore whom any fuch Seizures ſhall be brought to Trial.
or Hearing, are hereby required to proceed to the Tri-
al of the Merits of the Caufe, without inquiring into
the Fact, Form, or Manner of making the Seizure.
into the
Fact or
Form of
making the
Seizure.
any
37. And
[ 395 ]
37. And be it further enacted by the Authority General If-
aforefaid, That if any Action or Suit fhall be com-Sue.
menced againſt any Perfon or Perfons for any Thing
done in Purſuance of this Act, the Defendant or De-
fendants in fuch Action or Suit may plead the Gene-
ral Iffue, and give this Act and the fpecial Matter in
Evidence at any Trial to be had thereupon, and that
the fame was done in Purſuance and by Authority of
this Act; and if it fhall appear fo to have been done
then the Jury ſhall find for the Defendant or Defend-
ants; and if the Plaintiff ſhall be nonfuited, or diſcon-
tinue his Action, after the Defendant or Defendants
ſhall have appeared, or if Judgment fhall be given
upon any Verdict, or Demurrer againſt the Plaintiff,
the Defendant or Defendants fhall and may recover
treble Cofts, and have the like Remedy for the fame, Treble Cofts.
as Defendants have in other Cafes by Law.
Eee 2
Anno
[396]
Anno 12mo Geo. II. Cap. 21.
An Act for taking off the Duties upon
Woollen and Bay Yarn imported from
Ireland to England, and for the more ef-
fectual preventing the Exportation of
Wool from Great-Britain, and of Wool,
and Wool manufactured, from Ireland to
foreign Parts.
5. AND whereas notwithſtanding the feveral Laws
made to prevent the Exportation of Wool un-
manufactured from this Kingdom and Ireland to fo
reign Parts, fuch Exportation is notoriously continued;
Now for the better preventing fuch Exportation of
Wool from thence, and fecuring the fame to be manu-
factured within this Kingdom; Be it further enacted
by the Authority aforefaid, That all Wool, and Wool-
len or Bay Yarn, Wool-fells, Shortlings, Mortlings,
Wool-flocks, Worfted, Yarn, Cloth, Serge, Bays, Ker-
feys, Says, Frizes, Druggets, Cloth-Serges, Shalloons,
Stuffs, and other Draperies and Woollen Manufactures,
or mixed with Wool or Wool-flocks, which fhall
from Time to Time be exported from the faid King-
dom of Ireland, from and after the firſt Day of May,
in the Year of our Lord one Thouſand ſeven Hundred
and Forty, into the Ports of this Kingdom hereafter
mentioned, ſhall be ſhipped off, and entred at the
Ports
[ 397 ]
Exportation
of
tation in
Ports of Dublin, Waterford, Youghall, Kinfale, Cork, Ports of
Drogheda, New - Rofs, Newry, Wexford, Wicklow, wool in
Sligoe, Limerick, Galway, and Dundalk, in the faid Ireland,
Kingdom of Ireland, and at or from no other Port or
Place within the ſaid Kingdom; nor fhall the fame And Impor-
be imported into any Parts of the Kingdom of Great- England.
Britain, other than the Ports of Biddeford, Barnfta-
ple, Minehead, Bridgewater, Bristol, Milford-Haven,
Chefter, and Liverpool, in the fame Manner, as if the
faid Ports of Newry, Wexford, Wicklow, Sligoe,
Limerick, Galway, and Dundalk, had been particular-
ly named for Exportation of the faid Goods, in the
Act paffed in the tenth and eleventh Year of the
Reign of the late King William the Third, intituled,
An Act to prevent the Exportation of Wool out of the
Kingdom of Ireland and England, and for other Pur-
pofes therein mentioned; any Thing in this or any
other A&t to the Contrary thereof in any wife not-
withſtanding.
Veffels only
Britain or
6. And the better to prevent the Exportation of Wool to be
exported
Wool or Woollen Yarn, and the other Species of Wool from Ire-
or Woollen Manufactures before mentioned, from Ireland in
land into foreign Parts, Be it further enacted by the of the Built
Authority aforefaid, That from and after the twenty- of Great-
fifth Day of December, in the Year of our Lord one Ircland,
Thouſand ſeven Hundred and Thirty Nine, no Wool, wholly own
or any of the faid Goods, fhall be loaden or laid on
board any Ship, Veffel, or Boat in Ireland, or import-jects of
ed or brought from thence into this Kingdom, but in this King-
fuch Ships, Veffels, or Boats, as fhall be of the Built of dom or Ire-
Great-regiftred.
ed and man-
ned by Sub-
land, and
E [ 398 ]
Penalty.
Great-Britain or Ireland, and which fhall be wholly
owned and manned by the Subjects of this Kingdom,
or Ireland, and duly regiftred in fuch Manner and
Form as herein after mentioned; under the Penalty
of the Forfeiture of the faid Goods, or the Value
thereof, as alſo of the Ship, Veffel, or Boat, in which
the fame ſhall be laden or put on board, together
with all her Guns, Ammunition, Tackle, Apparel,
and Furniture.
•
Ships how to
7. And be it further enacted by the Authority
be qualified aforefaid, That from and after the faid twenty fifth
for Loading
Wool.
Day of December, One Thoufand Seven Hundred and
Thirty Nine, no Ship or Veffel whatſoever fhall be
deemed or paſs as a Ship of the Built of Great-Bri-
tain or Ireland, fo as to be qualified to load or take
on board in any of the Ports of Ireland, herein ap-
pointed for that Purpoſe, any Wool, Woollen or Bay
Yarn, or other the Species before mentioned, in or-
der to import or bring the fame into the Ports of
Great-Britain, in this Act mentioned and appointed
for that Purpoſe, until the Perfon or Perſons claiming
Régifter. Property in fuch Ship or Veffel, fhall regifter the
fame as followeth, (that is to fay) Proof ſhall be made
Oath or Af-upon the Oath or Affirmation, in cafe the Perfon be
firmation of a Quaker, of one or more of the Owners of fuch
Property.
Ship or Veffel, before the Collector and Comptroller
of his Majeſty's Cuſtoms in fuch Port of Great-Bri-
tain or Ireland reſpectively, to which fuch Ship or
Veffel fhall belong; which Oath or Affirmation the
faid Officers of the Cuftoms refpectively are hereby
authorized
E 399 ]
authorized to adminiſter in the Tenor following
that is to ſay,
† A. B. do make Oath (or being a Quaker do
folemnly affirm) that the Ship
of
is at preſent Maſter
whereof
being
built of
Tons, was built at
in the Year
and that
and
of
of
are at preſent Owners
thereof; and that no Foreigner, directly or
indirectly hath any Share, Part, or Intereſt
therein.
A Certificate of which Oath or Affirmation, atteſted Certificate,
by the Collector and Comptroller of the Cuftoms
who adminifter the fame, under their Hands and
Seals, fhall, after having been regiſtred by them, be
delivered to the Maſter of the Ship, for the Security
of her Navigation; a Duplicate of which Regiſter Duplicate
fhall be immediately tranſmitted to the Commiffio-tranſmitted.
ners of his Majefty's Cuſtoms in the Port of London,
in order to be entred in the General Regiſter, to be
there kept by them for this Purpoſe.
tered with-
8. And be it further enacted by the Authority Ship's Name
aforefaid, That no Ship's Name regiſtred, fhall be not to be al-
afterwards changed, without regiftring fuch Ship out registring.
again, which is hereby required likewife to be done the fame
upon
again..
[ 400 ]
upon any Transfer of Property to another Port, and
delivering up the former Certificate to be cancelled,
under the fame Penalties, and in the like Method, as
And the Al- is herein before directed: And that in caſe any Alte-
teration of ration of Property in the fame Port, by the Sale of
Property in
it to be in- one or more Share, in any Ship, after regiftring
dorfed. thereof, fuch Sale fhall always be acknowledged by
Indorſement on the Certificate of the Regiſter, before
two Witneffes, in order to prove that the entire
Property in fuch Ship remains to fome of the Subjects
of Great-Britain or Ireland, if any Diſpute arifes
concerning the fame.
9. And whereas great Quantities of Wool have
been clandeftinely exported, under the Denomination of
Coverlids, Waddings, and other Manufactures made
of Wool, whereas the fame was only Wool fightly
wrought, or ftitched together, and may be reduced to
Wool again, by which Practice the unfair Traders
have evaded the good Laws made to prevent the Ex-
portation of Wool; For preventing the like Practices
Penalty on for the future, Be it further enacted by the Authority
exporting aforefaid, That from and after the faid twenty fifth
Wool fight
by wrought. Day of December, One Thouſand Seven Hundred
and Thirty Nine, no Coverlids, Waddings, or other
Manufactures, or pretended Manufactures, made of
Wool flightly ſtitched, worked, or otherwife put to-
gether, fo as the fame may be reduced to, and made
uſe of as Wool again, or Mattraffes, or Beds ftuffed
with combed Wool, or Wool fit for combing, fhall
be exported from Great-Britain or Ireland to Parts
beyond
[401]
beyond the Seas, under the like Penalties and For-
feitures which are by any Law in being inflicted on
Perſons concerned in the Exportation of Wool.
fioners of
11. And for preventing any fraudulent Tranfpor- No Wool to
tation of Wool, Wool-fells, Mortlings, Shortlings, but upon No-
be exported
Combed Wool, Woollen or Bay Yarn, Worsted Yarn, tice given to
Cruels, or Wool flightly manufactured, under the Pre- the Commif-
tence of carrying the fame Coaftwife in Great-Britain the Customs,
or Ireland; Be it further enacted by the Authority &c.
aforefaid, That no Wool, Wool-fells, Mortlings,
Shortlings, Combed Wool, Woollen or Bay Yarn,
Worſted Yarn, Cruel, or Wool flightly manufactured,
as aforefaid, fhall from and after the ſaid twenty
fifth Day of December, One Thouſand Seven Hun-
dred and Thirty Nine, be put or laden on board any
Ship, Veffel, or Boat, bound to Parts beyond the
Seas, or ſhall be carried or laden in order to be car-
ried in any Ship, Veffel, Bottom, or Boat Coaſt-
wife, or from one Port of Great-Britain or Ireland
to another, unleſs Notice be firft given to the Com-
miffioners or Chief Managers of the Cuftoms, or to
the Cuſtomer or Collector and Comptroller of the
Port from which the fame is intended to be fent or
exported, of the Quantity, Quality, and Package,
together with the Marks and Numbers thereof, with
the Name of the Ship and Maſter or Commander on
which the faid Goods are to be laden, as likewife
the Name or Names of the Owner or Owners of the
faid Goods, and the Place of his or their Abode or
Habitation, and the Place and Port into which the
Fff
fame
[ 402 ]
fame are intended to be imported, and to whom con-
Security for figned; and unleſs Bond be firft entred into to the
the landing Ufe of his Majefty, his Heirs and Succeffors, with one
it,
or more fufficient Securities, in treble the Value of
the Goods fo intended to be carried Coaft-wife, that
the fame fhall (the Danger of the Seas excepted) be
landed accordingly; due Notice whereof Thall be
forthwith tranſmitted by the Cuſtomer or Collector
and Comptroller of the Port from whence the fame.
fhall be exported, to the Cuftomer or Collector and
Comptroller of the Port into which the fame is in-
tended to be imported, and Entry made, in the Man-
And a Li- ner required by this or any other Act; and unlefs a
cence taken. Licence be alfo firft taken under the Hands of the
Commiffioners, or Chief Managers of the Cuftoms
for the Time being, or any three of them, or from
the Cuſtomer or Collector and Comptroller where
fuch Bond is given for the landing and carry-
ing thereof, as aforefaid; which Licence they are
hereby required to grant without any Fee or Reward,
or any other Charge to the Perfon demanding the
fame; any Law, Statute, or Ufage to the contrary in
Bonds not any wife notwithſtanding: And all fuch Bonds fo en-
to be dif
tred into for the carrying fuch Goods Coaft-wiſe in
charged but
upon produc- Great-Britain or Ireland, fhall not be diſcharged, but
ing a Cer- by producing a Certificate under the Hand and Seal.
of the Cuſtomer or Collector and Comptroller of the
Port or Place in Great-Britain or Ireland, where
fuch Goods were landed, fetting forth, the Quantity,
Quality, and Package, together with the Marks and
Numbers thereof, with the Name of the Ship and
tificate.
Mafter
[ 403 ]
Maſter out of which fuch Goods were landed; and
that all fuch Bonds as fhall remain undiſcharged by
fuch Certificate after fix Months, fhall be tranfmitted
to the Commiffioners of the Cuftoms in Great-Britain,
or the Commiffioners of the Revenue in Ireland, who
are hereby required to put them in Suit immediately : Forfeiture
And if any Wool, Wool-fells, Mortlings, Shortlings, on Default.
combed Wool, Woollen or Bay Yarn, Worſted Yarn,
Cruels, or Wool flightly manufactured, fhall be car-
ried or laden on board any Ship, Veffel, Bottom, or
Boat, in order to be carried Coaft-wife, or from one
Port to another Port, before fuch Bond entred into,
and fuch Licence taken out as aforefaid, and before
all the Directions of this and every other Act made
to prevent the Tranſportation of any of the Goods
aforefaid, fhall be fully and duly complied with, fo
far as the fame relate to the Exporter or Proprietor of
of fuch Goods; or if any of the faid Goods fhall be
laden on board any Ship, Veffel, or Boat, bound to
Parts beyond the Seas; then all fuch Goods as fhall
be fo carried and laden, or the Value therefore ſhall be
forfeited and loft, together with the Ship, Veffel,
Bottom, or Boat, on which fuch Goods fhall be fo
laden or put on board, with all her Guns, Ammuni-
tion, Tackle, Apparel, and Furniture.
12. Provided nevertheleſs, That nothing herein No other
contained ſhall extend, or be conftrued to extend to Security
alter or leffen any other Security now required by ed, or Law
bereby leffen-
Law for Goods carried Coaft-wife, or to repeal or made void.
make void any Law now in force in Great-Britain or
Fff 2
Ireland
[404 ]
1
Ireland made to prevent the Exportation of Wool, or
any the Goods or Commodities aforefaid.
14. And in Order to prevent any fraudulent Prac-
tices by Officers or other Perfons in making collufive
Seizures, or by entring Informations, and making pri-
vate or fecret Agreements, whereby may be evaded any
of the Forfeitures or Penalties inflicted by Law, to
prevent the transporting out of this Kingdom any
Wool, Wool-fells, Wool-flocks, Mortlings, Shortlings,
Worsted, Bay, or Woollen Yarn, Fullers - Earth,
Fulling-Clay, Tobacco-Pipe-Clay, or any other Scouring
Clay or Earth, or to prevent the illegal transporting
out of Ireland any of the faid Goods, or of Cloth,
Serge, Bays, Kerfeys, Says, Frizes, Druggets, Cloth-
Serges, Shalloons, or any other Drapery Stuffs, or
Woollen Manufactures whatfoever, made up or mixed
None but with Wool, or Wool-flocks; Be it further enacted by
Officers to the Authority aforefaid, That it ſhall not be lawful for
enter Infor-
mations of any Perfon or Perfons whatſoever, other than the Of-
ficers of fome or one of the Revenues of Cuftoms or
Excife, or Salt-Duties, to enter any Information of
Seizure of any Wool, Wool-fells, or other Species of
Goods before enumerated, as forfeited by Virtue of this
or any other A&; nor fhall it be lawful for any Per-
fon or Perſons whatſoever, to enter, or caufe or pro-
cure to be entred, filed or profecuted, any Informati-
on or Informations againſt any Perfon or Perfons for
the Recovery of any Penalty or Forfeiture aforefaid,
unleſs fuch Information or Informations be filed and
proſecuted in the Name of his Majesty's Attorney Ge-
Seizures.
nerak
[ 405 ]
cuted in the
neral, or in the Name or Names of fome Officer or To be profe-
Officers of fome or one of the aforefaid Revenues of Attorney
Cuſtoms, Excife, br Salt-Duties in Great-Britain or General's or
their Names
Ireland; and if any Information of Seizure of any only.
of the Goods before mentioned, fhall be made or
proſecuted by any Perfon or Perſons whatſoever, other
than in the Name of the Attorney General, or in the:
Name of fome Officer of his Majeſty's Revenue as
aforefaid; the fame, and all the Proceedings thereup
on had, are hereby declared to be null and void; as
is alfo every other Information or Informations, with
all the Proceedings thereon, which fhall be filed or en-
tred for any of the Penalties aforefaid, in the Name or
Names of any other Perſon or Perfons than as herein
before mentioned; any. Law or Cuſtom to the con-
trary notwithſtanding.
not to take
away the
15. Provided nevertheless, That nothing in this This Alt
Act contained ſhall extend, or be conftrued to extend
to take away the Power given to the Commanders Power of
and Officers of his Majefty's Ships of War, or the arm- the King's
GuardShips»
ed Sloops appointed, or to be appointed by the Lords
Commiffioners of the Admiralty, or the Lord High
Admiral for the Time being, to guard againſt the
Tranſportation of Wool, out of the Kingdom of
Great-Britain or Ireland, purſuant to an Act made in
the tenth and eleventh Year of King William the
Third, intituled, An Act to prevent the Exportation
of Wool out of the Kingdoms of Ireland and Eng-
land, and for the Encouragement of the Woollen Ma-
nufactures of the Kingdom of England; and another
>
Act
[ 406 ]
tions where
cuted.
Act paffed in the fifth Year of his prefent Majeſty's
Reign, intituled, An additional Act for Encourage-
ment of the Woollen Manufactures of this Kingdom,
by the more effectual preventing the unlawful Expor-
tation of the Woollen Manufactures of the Kingdom
of Ireland, to foreign Parts, or by any other Act.
Informati- 18. And be it further enacted, That all Actions,
ons and Ac. Suits, and Informations, to be had and commenced
to be entred upon this, or any other Acts for preventing the Ex-
and profe- portation of Wool, Wool-fells, Wool-flocks, Mortlings,
Shortlings, Worfted, Bay, or Woollen Yarn, Cruels, or
Wool flightly manufactured, or Mattraffes, or Beds
ftuffed with combed Wool, or Wool fit for combing,
Fullers-Earth, Fulling-Clay, Tobacco-Pipe-Clay, or
any other ſcouring Earth or Clay from Great-Britain
or Ireland; or for preventing the Exportation from
Ireland into foreign Parts, of Cloth, Serges, Bays,
Kerſeys, Frizes, Druggets, Shalloons, Stuffs, Cloth-
Serges, or any other Drapery made of or mixed with
Wool manufactured in Ireland, may be entred and
proſecuted (except where it is in this Act otherwiſe di-
rected) in any of his Majefty's Courts of Record at
Westminster, or in the Court of Exchequer in Scot-
land, or at the Quarter Seffions of the Peace, or be-
fore any two Juftices of the Peace for any County,
City, or Place in this Kingdom, in a fummary Way,
at the Election of the Seizer or Informer, or by any
Law relating to the Revenue of Ireland, in that King-
dom: Wherein no Effoign, Protection, or Wager of
Law fhall be allowed, or any more than one Impar-
lance;
[ 407 ]
Onus pro-
bandi to lie
lance; and if the Property thereof be claimed by any
Perfon or Perfons, in fuch cafe the Onus probandi upon the
fhall lie upon the Owner or Claimer thereof, and not Owner.
on the Officer or Seizer; any. Thing in this, or any
other Act contained to the contrary hotwithſtanding.
19. And be it further enacted by the Authority Forfeitures
aforefaid, That all the Forfeitures and Penalties before to whom to
belong.
in this Act mentioned and appointed, except where
the fame is otherwife directed by this Act, fhall be to
the Ufe of fuch Perfon or Perfons as fhall feize, in-
form, or fue for the fame, in the Manner herein be-
fore directed.
Goods to be
20. And be it further enacted by the Authority Prohibited
aforefaid, That on the Condemnation of any Wool, fold.
or any other of the Species of Goods before enume-
rated, the faid refpective Commiffioners fhall and may
cauſe all fuch Goods to be publickly fold to the beſt
Bidder, at fuch Places as the faid Commiffioners fhall
think proper; any Law, Cuſtom, or Ufage to the
contrary in any wife notwithſtanding: And out of
the Produce of fuch Sale, they fhall caufe to be paid
all Charges of Condemnation and Sale, and the Re-
mainder to fuch Perfon or Perfons who fhall feize,
inform, or fue for the fame, as aforefaid.
१
21. Provided always, and be it declared and en- Officer mak-
acted by the Authority aforefaid,. In cafe any Officering Seizure
of the Cuſtoms, Excife, or Salt-Duty, fhall receive any mation, In-
upon Infor-
Information from any other Perfon or Perfons, where- former to
bave half.
}
by
[ 408 ]
1
Encourage-
Mariners
employed in
by any Seizure of the ſaid Goods ſhall be made, or
any Proſecution ſhall be commenced and carried on
to Effect; fuch Perfon or Perfons fhall have and re-
ceive to his own Benefit, one Half of what fhall be
recovered, levied, and received by any fuch Officer,
as a Reward for his Information or Diſcovery; any
Thing herein contained to the contrary notwithſtand-
ing.
'
23. Provided always, and be it further enacted by
ment to the Authority aforefaid, That from and after the
or Maſters twenty-fifth Day of December, one Thouſand ſeven
of Ships Hundred and Thirty Nine, if the Maſter of any Ship
clandeftine or Veffel employed in the clandeftine exporting to
exporting of Parts beyond the Seas, from Great-Britain or Ireland,
Wool, to
make Difco- any Wool, Wool-fells, Wool-flocks, Mortlings, Short-
very thereof. lings, Worfted, Bay, or Woollen Yarn, Cruels, or
Wool flightly manufactured, or Mattraffes, or Beds
ftuffed with combed Wool, or Wool fit for combing,
or any Fullers-Earth, Fulling-Clay, Tobacco-Pipe-
Clay, or any other ſcouring Earth or Clay, or in the
clandeftine importing from Ireland any Woollen
Cloth, Serges, Bays, Kerfeys, Says, Frizes, Druggets,
Cloth Serges, Shalloons, or any other Drapery Stuffs,
or Woollen Manufacture made and manufactured in
Ireland; or if the Mate, or any of the Mariners of
fuch Ship or Veffel, fhall give an Account in fix
Months after fuch Shipping or exporting any of the
Goods before mentioned, to the Commiffioners of the
Cuſtoms in England or Scotland, or to the Commiſſi-
oners of the Revenues in Ireland refpectively, of the
Name
[409 ]
Z
Name of the Ship or Veffel, and the Species and
Quantities of fuch Goods fo clandeftinely exported or
ſhipped for Exportation to Parts beyond the Seas,
together with the Name of the Owner or Own-
ers, Exporter or Exporters of fuch Goods, or the Name
of the Perfon or Perfons who act in his or their Aid
and Affiſtance, ſo as he or they may be profecuted
and convicted for fuch his or their Offence or Offen-
ces committed againſt this or any other Act made to
prevent the illegal Exportation of Wool, or any the
Species or Goods before mentioned ; fuch Mafter,
Mate, or Mariner, fhall not only be indemnified for
fo doing, but ſhall be clearly acquitted and diſcharged
from any the Pains, Penalties, and Forfeitures he or
they are by Law fubject to for fuch his or their Of-
fence or Offences; and fhall alfo have and receive
three fourth Parts of the Penalties or Forfeitures clear
of Charges, that ſhall be recovered and received by
Means of fuch their Diſcovery; which the reſpective
Commiffioners aforefaid are to caufe to be paid and
diftributed in fuch Manner and Proportion as they
fhall think proper, and the other fourth Part to his
Majefty, his Heirs and Succeffors, after deducting the
Charges of Profecution and Condemnation; any
Law, Cuſtom, or Ufage to the contrary notwith-
ſtanding.
put this and
24. And to prevent any Difpute relating to the Perfons
Authority of any Perfon or Perfons acting as an Ofqualified to
ficer, or as Officers of the Cuftoms, Excife, or Salt Du-other Acts
ties, in Great-Britain or Ireland, for the putting in relating to
Ggg
Execution and against
Cuſtoms,
1
[ 410 ]
Wool, in
Execution.
exporting Execution this Act, or any other Act or Acts of Par-
liament relating to thofe Revenues, or made against the
Transportation of Wool; Be it further enacted by the
Authority aforefaid, That every Perſon who by De-
putation, Commiffion, or other Inftrument, under the
Hands and Seals of the Commiffioners of the Cuſtoms,
Excife, or Salt, in Great Britain or Ireland re-
ſpectively, ſhall be appointed to act as an Officer or
Servant under them, for putting this or any of the faid
Acts in Execution, ſhall be eſteemed an Officer of the
Cuſtoms, Exciſe, or Salt reſpectively, to all Intents and
Purpoſes in the Law whatever.
Perfons op-
pofing Of-
ficers in
their Duty
deemed.Fe-
lons.
-
26. And for the more effectual putting this Act in
Execution, Be it further enacted by the Authority
aforefaid, That if any Officer or Officers of the Cu-
ſtoms, Exciſe, or Salt, or any other Perfon or Perfons
that ſhall act in Aid or Aſſiſtance of any Officer or
Officers of the Cuſtoms, Excife, or Salt, in putting
this Act in Execution, fhall be hindred, oppofed, ob-
ftructed, moleſted, wounded, or beaten in feizing any
Wool, Wool-fells, Wool-flocks, Mortlings, Shortlings,
Woollen, or Bay Yarn, or any other Species of Goods
before enumerated, by any Perſon or Perſons whatſo-
ever, either in the Day or Night, by Land or Water;
the Perſon or Perſons that ſhall fo hinder, oppoſe, ob-
ftruct, moleft, wound, or beat any fuch Officer or
Officers, or any Perfon or Perfons who fhall act in his
or their Aid or Affiftance in the making fuch: Sei-
zures, as aforefaid; or any other Perfon or Perfons
whatſoever, being armed with offenfive Arms or
Weapons,
[ 411 I
]
Weapons, or wearing any Vizard, Mask, or other
Diſguiſe, who fhall reſcue, or attempt to reſcue any
Wool, or other the Goods aforefaid, which fhall be
feized by any Officer or Officers of the Cuſtoms, Ex-
cife, or Salt; every fuch Perſon or Perfons that fhall
be convicted of any of the faid Offences, fhall, by Or-
der of the Court before whom fuch Offender or Of
·
fenders ſhall be convicted, be tranſported to fome of And ſhall be
his Majefty's Colonies and Plantations in America, for transported.
fuch Term as fuch Court fhall think fit, not exceed-
ing ſeven Years, in the fame Manner as by an Act
made in the fourth Year of the Reign of his late Ma-
jeſty King George the Firſt, of Glorious Memory,
intituled, An Act for the further preventing Robbery,
Burglary, and other Felonies, and for the more ef-
fectual Tranſportation of Felons, and unlawful Ex-
porters of Wool; and for declaring the Law upon
fome Points relating to Pirates; and by one other Act
made in the fixth Year of the Reign of his late Ma-
jeſty, intituled, An Act for the preventing Robbery
and other Felonies, and for the more effectual
Tranſportation of Felons, the Offenders therein men-
tioned, are to be tranfported to the faid Colonies and
Plantations, and if any fuch Offender or Offenders
ſhall return into Great-Britain or Ireland, before the Returning,
Expiration of the Time for which fuch Perfon fhall be
tranfported, contrary to the Intent and Meaning here- awarded.
of, he or they fo returning fhall fuffer as Felons, and
have Execution awarded againſt them, as Perfons at-
tainted of Felony, without Benefit of Clergy.
Ggg 2
28. Provided
Execution
Shall be
[ 412 ]
1
Bonds not
with the
28. Provided always, and be it further enacted,
chargeable That all Bonds taken, or to be taken purſuant to this
Stamp Du- Act, ſhall not be chargeable with any the Duties upon
ſtampt Vellum, Parchment, or Paper; any Law or
Statute made, or to be made to the contrary notwith-
ſtanding.
ties.
34. And be it further enacted by the Authority
aforefaid, That if any Action or Suit fhall be com-
menced againſt any Perfon or Perfons, for any Thing
done in purſuance of this Act; the Defendant or De-
General If- fendants in fuch Action or Suit may plead the Gene-
fue.
ral Iffue, and give this Act and the ſpecial Matter in
Evidence, at any Trial to be had thereupon, and that
the fame was done in purſuance, and by the Autho-
rity of this Act; and if it ſhall appear fo to have been
done, the Jury fhall find for the Defendant or De-
fendants; and if the Plaintiff ſhall be nonfuited, or
difcontinue his Action, after the Defendant or De-.
fendants fhall have appeared; or if Judgment fhall
be given upon any Verdict or Demurrer againſt the
Plaintiff; the Defendant or Defendants fhall and may`
Treble Coſts. recover treble Cofts, and have the like Remedy for
the fame, as any Defendant or Defendants have in
other Cafes by Law.
Anno
[413]
Anno 13° Geo. II. Cap. 3.
An Act for the better Supply of Mariners
and Seamen to ferve in his Majesty's
Ships of War, and on board Merchant
Ships, and other trading Ships, and Pri-
vateers..
FOR the better Supply of Mariners and Seamen to
Serve in his Majefty's Ships of War, and on board
Merchant Ships, and other trading Veffels, and Priva-
teers, and for the better carrying on the prefent or any
future War, and the Trade of Great-Britain, during
the Continuance thereof; May it pleaſe your Majeſty
that it may be enacted, and be it enacted by the Merchant
King's moft Excellent Majefty, by and with the Ad- Ships, &c.
may be na-
vice and Confent of the Lords Spiritual and Tempo-vigated by
ral, and Commons, in this preſent Parliament affem- three
bled, and by the Authority of the fame, That during Foreigners
the Continuance of this preſent War, and no longer during the
(except in reſpect to fuch Merchant Ships, and other
trading Ships or Veffels, and Privateers, which fhalk.
be on their Voyage before the Determination of the
War, who fhall be, and are hereby allowed the Li-
berty and Benefit of returning home navigated in the
Manner as herein after is provided) it ſhall and may be
lawful for any Merchant Ship, or other trading Ship
or Veſſel, or Privateer, to be navigated by foreign Sea-
Fourths
War.
men
[414]
men or Mariners, not being Natives of Great-Britain,
or of any of the Colonies or Plantations thereto be-
longing, or his Majefty's natural or naturalized Sub-
jects, fo as the Number of fuch foreign Seamen or Ma-
riners do not exceed three Fourths of the Mariners at
any one Time employed to navigate fuch Merchant
Ship, or other trading Ship or Veffel, or Privateer ;
and that one Fourth at leaſt, of the Mariners or Sea-
men fo employed be at all Times Natives or his Ma-
jefty's naturalized Subjects of Great-Britain (fudden
Death, and Hazard and Caſualties of War, and the
Seas, faved and excepted) one Act of Parliament made
12 Car. II. in the twelfth Year of the Reign of his late Majefty
King Charles the Second, intituled, An Act for the
encouraging and encreaſing of Shipping and Naviga-
tion, or any other Statute or Law to the contrary not-
withstanding.
C. 18.
Foreign
Seamen
Serving on
board Men
of War, or
2. And for the better encouraging of foreign Mari-
ners and Seamen to come and ferve on board Ships be-
longing to this Kingdom of Great-Britain, Be it further
enacted by the Authority aforefaid, That every fuch
foreign Mariner or Seaman, who fhall, from and after
the firft Day of January, one Thouſand ſeven Hundred
and Thirty Nine, have faithfully ferved, during the
Merchant
Time of War, on board any of his Majefty's Ships of
Ships two
Years dur- War, or any Merchant, or other trading Ship or Ships,,
ing theWar, Veffel or Veffels, or Privateers (which at the Time of
ed natural fuch Service ſhall belong to any of his Majeſty's Sub-
born Sub- jects of Great-Britain) for the Space of two Years,
jects.
fhall, to all Intents and Purpoſes, be deemed and
to be deem
taken
[ 415 ]
taken to be a natural born Subject of his Majefty's
Kingdom of Great Britain, and have and enjoy all
the Privileges, Powers, Rights, and Capacities, which
fuch foreign Mariner or Seaman could, fhould, or
ought to have had and enjoyed, in caſe he had been a
natural born Subject of his Majefty, and actually a
Native within the Kingdom of Great-Britain.
Not to be
3. Provided nevertheleſs, and it is hereby further
enacted and declared, That no Perfon, who fhall be Provifo,
naturalized by virtue of this: Act, ſhall thereby be en-
thereby
abled to be of the Privy Council, or a Member of made capa--
either Houſe of Parliament, or to take any Office or ble of Place
of Trust,
Place of Truft, either Civil or Military, or to have any &c.
Grant of Lands, Tenements, or Hereditaments from
the Crown to himſelf, or any other Perſon or Perfons
in Truſt for him; any Thing herein contained to the
contrary thereof in any wife notwithſtanding.
the King's
4. And be it further enacted by the Authority
aforefaid, That it fhall and may be lawful for his The fame
Majefty, his Heirs and Succeffors, at all Times when may be
practifed in
it ſhall be found neceffary to declare War againſt any any future
foreign Power, to publiſh a Royal Proclamation, if he War, on
or they ſhall judge it requifite, to permit all Merchant Proclama-
Ships, and other trading Veffels, and Privateers, to be tion for
manned with foreign Mariners and Seamen during po.
fuch War, in the Manner as by this Act is provided;
and that upon the publiſhing of fuch Proclamation,
this Act, and every Thing therein contained ſhall be
deemed to be in full force and virtue, and have Con-
tinuance
that Pur-
E 416 ]
tinuance for and during the Time of any fuch War,
and no longer (except in refpect to fuch. Merchant
Ships, and other trading Ships or Veffels, and Priva-
teers, which ſhall be on their Voyage before the De-
termination of fuch War, who fhall be and are here-
by allowed the Liberty and Benefit of returning home
navigated in the Manner as herein before is provided.)
Preamble.
Anno 13° Geo. II. Cap. 4.
An Act for the more effectual ſecuring and
encouraging the Trade of his Majesty's
Britiſh Subjects to America, and for the
Encouragement of Seamen to enter into
his Majesty's Service.
HEREAS the Trade of his Majefty's Sub-
jects in America hath for many Years been
greatly annoyed by the Spaniards, their undoubted
Right to navigate in thofe Seas, without any Moleftati-
on, hath been unjustly interrupted, on Pretences alto-
gether groundless and unwarrantable, divers Ships and
Veffels belonging to Britiſh Subjects have been feixed
and confifcated, the Sailors have been injuriouſly im-
prifoned, and barbarously treated, and the Britiſh Co-
lours have been infulted in the most ignominious Man-
ner : And whereas his Majefty has been obliged to de-
clare.
[ 417 ]
1
clare War against the King of Spain, his Vaffels, and
Subjects, to revenge the Injuries, and obtain ample Sa-
tisfaction for the Wrongs done to his Subjects; now for
the better carrying on the faid War, with Vigour, and
for the Encouragement of the Officers and Seamen of
his Majesty's Ships of War, and the Officers and Sea-
men of all other Britiſh Ships and Veffels, having Com-
miffions or Letters of Marque, and for inducing all Bri-
tiſh Seamen, who may be in any foreign Service, to re-
turn into this Kingdom, and become ferviceable to his
Majefty, and for the more effectual fecuring and ex-
tending the Trade of his Majesty's Subjects to America,
and elsewhere, Be it enacted by the King's moſt Ex-
cellent Majefty, by and with the Advice and Confent
of the Lords Spiritual and Temporal, and Commons,
in this preſent Parliament affembled, and by the Au-
thority of the fame, That the Flag-Officers, Com- Officers,
manders, and other Officers, Seamen, Mariners, and Mariners,
Soldiers, on board every Ship and Veffel of War in Soldiers on
his Majeſty's Pay, ſhall have the fole Intereft and board Ships
Property of and in all and every Ship, Veffel, Goods, to have the
of War,
and Merchandize, which they fhall take after the fole Proper-
fourth Day of January, in the Year of our Lord one prizes they
ty of all
Thouſand ſeven Hundred and Thirty Nine, in Eu- take in Eŭ-
rope; and after the twenty-fourth Day of June, in rope after
the Year of our Lord one Thouſand feven Hundred
January
and Forty, in any other Part of the World (being firſt 1739; and
adjudged lawful Prize in any of his Majeſty's Courts Part of the
of Admiralty in Great-Britain, or in his Plantations World,after
in America, or elſewhere) to be divided in fuch Pro- the 4th of
portions, and after fuch Manner, as his Majefty, his June
Hhh
Heirs
Seamen, and
the 4th of
in any other
1740.
[418]
&c. to
Commander's
of Priva-
Prizes
taken by
them fall
be wholly
theirs.
Heirs and Succeffors fhall think fit to order and di-
rect, by Proclamation to be iſſued for that Purpoſe.
Lord High
2. And be it further enacted by the Authority
Admiral, aforefaid, That the Lord High Admiral of Great-
grant Com- Britain, or the Commiffioners for executing the Of
miffions to fice of Lord High Admiral of Great-Britain for the
Time being, or any three or more of them, or any
teers: And Perfon or Perfons in any Part of America, or elſewhere,
by him or them impowered and appointed, fhall,
from and after the fourth Day of January, one
Thoufand feven Hundred and Thirty Nine, at the
Requeſt of any British Owner or Owners of any Ship
or Veffel, giving fuch Bail and Security as have been
ufually taken upon granting Commiffions, or Letters
of Marque (except only for the Payment of the Tenths
of the Value of Prizes which fhall be taken, to the
Lord High Admiral, or Commiffioners for executing
the Office of Lord High Admiral for the Time being)
cauſe to be iffued forth in the ufual Manner, one or
more Commiffion or Commiffions, to any Perſon or
Perfons whom fuch Owner or Owners fhall nominate
to be Commander; or in cafe of Death, fucceffively
Commanders of fuch Ship or Veffel, for the attacking,
furprizing, feizing, and taking, by and with fuch
Ship or Veffel, or the Crew thereof, any Place or
Fortreſs upon the Land, or any Ship or Veſſel, Goods,
Ammunition, Arms, Stores of War, or Merchandizes,
belonging to or poffeffed by any of his Majeſty's Ene-
mies, in any Sea, Creek, Haven, or River; and that
fuch Ship or Ships, Veffel or Veffels, Arms, Ammu-
nition,
[ 419 ]
nition, Stores of War, Goods, and Merchandizes what-
foever, with all their Furniture, Tackle, or Apparel
fo to be taken by or with fuch Private Owner or
Owners, Ship or Veffel, according to fuch Commifli-
on and Commiffions, being firft adjudged lawful
Prize, in any of his Majeſty's Courts of Admiralty,
as aforefaid, fhall wholly and intirely belong to and
be divided between and among the Owner and Own-
ers of fuch Ship or Veffel, and the ſeveral Perfons which
fhall be on board the fame, and be aiding and af-
fifting to the taking thereof, in fuch Shares and Pro-
portions as fhall be agreed on with the Owner or
Owners of fuch Ship or Veffel, as ſhall be the Captor
thereof, their Agents, or Factors, as the proper Goods
and Chattels of fuch Owner or Owners, and the Per-
ſons that ſhall be thus intitled thereto, by virtue of ſuch
Agreements among themſelves; and that neither his
Majefty, his Heirs or Succeffors, or any Admiral, Vice-
Admiral, Governor, or other Perfon commiffioned
by, or claiming under his Majeſty, his Heirs or Suc-
ceffors or any Perfon or Perfons whatſoever, other than
the Owner or Owners of fuch Ship or Veffel, being
the Captor of fuch Prize, Ship, or Veffel, Arms, Am-
munition, Stores of War, Goods, and Merchandizes,
and the Perfons claiming under him or them, fhall be
intitled to any Part or Share thereof, except as to the
Cuſtoms and Duties hereafter mentioned; any Cu-
ftom, Statute, or other Law to the contrary notwith-
ftanding.
Hhh 2
3. And
[420]
How the
on.
3. And for the more ſpeedy proceeding to Con-
demnation, or other Determination of any Prize,
Ship or Veffel, Goods or Merchandizes, taken as
aforefaid, and for leffening of the Expences that have
been uſual in the like Cafes, Be it further enacted by
Prizes all the Authority aforefaid, That the Judge or Judges of
be tried for
Condemnati- fuch Court of Admiralty, or other Perfon or Perfons
thereto authorized, fhall, within the Space of five
Days, after Requeſt to him or them for that Purpoſe
made, finiſh the ufual preparatory Examination of the
Perfons commonly examined in fuch Cafes, in order
to prove the Capture to be lawful Prize, or to enquire
whether the fame be lawful Prize or not, and that the
proper Monition ufual in fuch Cafes fhall be iffued by
the Perfon or Perſons proper to iffue the fame, and
ſhall be executed in the uſual Manner, by the Perfon
or Perſons proper to execute the fame, within the
Space of three Days, after Requeft in that Behalf
made; and in cafe no Claim of fuch Capture, Ship,
Veffel, or Goods, fhall be duly entred, or made in the
ufual Form, and attefted upon Oath, giving twenty
Days Notice after the Execution of fuch Monition;
or if there be fuch Claim, and the Claimant or Claim-
ants ſhall not within five Days give fufficient Security
(to be approved by fuch Court of Admiralty) to pay
double Cofts to the Captor or Captors of fuch Ship,
Veffel, or Goods, in cafe the fame fo claimed fhall be
adjudged lawful Prize, that then the Judge or Judges
of fuch Court of Admiralty fhall, upon producing to
him or them, the faid Examinations or Copies there-
of;
[ 421 ]
of; and upon producing to him or them, upon Oath,
all Papers and Writings, which fhall have been found;
taken in or with fuch Capture, or upon Oath made,
that no fuch Papers were found, immediately and
without further Delay, proceed to Sentence, either to
diſcharge and acquit fuch Capture, or to adjudge and
condemn the fame as lawful Prize, according as the
Cafe fhall appear to him or them, upon Perufal of
fuch preparatory Examinations, and alſo of the Writ-
ings found, taken in or with fuch Capture, if any ſuch
Writing fhall be found; and in cafe fuch Claim ſhall
be duly entred or made, and Security given thereupon,
according to the Tenor and true Meaning of this Act,
and there fhall appear no Occafion to examine any
Witneffes, other than what ſhall be then near to fuch
Court of Admiralty, that then fuch Judge or Judges
fhall forthwith caufe fuch Witneffes to be examined,
and within the Space of ten Days after fuch Claim
made, and Security given, proceed to fuch Sentence,
as aforefaid, touching fuch Capture; but in caſe, up-
on making or entring fuch Claim, and the Allegation
and Oath thereupon, or the producing fuch Writings
as fhall have been found, taken in or with fuch Cap-
ture, or upon the faid preparatory Examinations,
it ſhall appear doubtful to the Judge or Judges of
fuch Court of Admiralty, whether fuch Capture be
lawful Prize or not; and it fhall appear neceffary, ac-
cording to the Circumftances of the Cafe, for the
clearing and determining fuch Doubt, to have an Ex-
amination of Witneffes that are remote from fuch
Court of Admiralty, and fuch Examination fhall be
defired,
[422]
Where the
Claimant
defired, and that it be ſtill inſiſted on, on Behalf of
the Captors, that the faid Capture is lawful Prize, and
that the contrary be ſtill perfifted in on the Claimants
Behalf, that then the faid Judge or Judges fhall forth-
with caufe fuch Capture to be appraiſed by Perfons
named on the Part of the Captor, and fworn truly to
appraiſe the fame, according to the beft of their
Skill and Knowledge; for which Purpoſe the ſaid
Judge or Judges fhall cauſe the Goods found on
board to be unladen, and put into proper Warehouſes,
with ſeparate Locks of the Collector and Comptroller
of the Cuſtoms; and where there is no Comptroller,
of the Naval Officer, and the Agents or Perfons im-
ployed by the Captors and Claimants at the Charge
of the Party or Parties defiring the fame, and fhall,
after fuch Appraiſement made, and within the Space
of fourteen Days after the making of fuch Claim,
proceed to take good and fufficient Security from the
Claimants to pay the Captors the full Value thereof,
according to fuch Appraiſement, in cafe the fame
fhall be adjudged lawful Prize; and after fuch Secu-
rity duly given, the faid Judge or Judges fhall make
an interlocutory Order, for releaſing or delivering the
fame to fuch Claimant or Claimants, or his or their
Agents, and the ſame ſhall be actually releaſed or de-
livered accordingly.
4. And it is further enacted by the Authority
ball refufe aforefaid, That if any Claimant or Claimants ſhall re-
to give Se- fufe to give fuch Security, the Judge or Judges fhall
cauſe the Captor or Captors in like Manner to give
curity.
good
/*
[423]
good and fufficient Security, to be approved of by the
Claimant or Claimants, to pay the faid Claimant or
Claimants the full Value thereof, according to the Ap-
praiſement, in cafe any fuch Capture or Captures fhall
be adjudged not to be lawful Prize; and the faid
Judge or Judges ſhall thereupon proceed to make an
interlocutory Order, for the releafing and delivering
of the fame to the faid Captor or Captors, or their
Agents.
the Colonies
Care and
5. And it is further enacted by the Authority Prizes
aforefaid, That all fuch Captures, as aforefaid, which brought into
ſhall be brought into any of his Majefty's Colonies or in America,
Plantations in America, fhall, without breaking under whofe
Bulk, ſtay there, and be under the joint Care and Cu- Cuftody to
ftody of the Collector and Comptroller of the Cu- be.
ftoms; or where there is no Comptroller, of the Na-
val Officer of the Port or Place where the fame fhall
be brought, and all the Captors thereof, and their
Agents, until either the fame fhall by final Sentence
have been either cleared and diſcharged, or adjudged
and condemned as lawful Prize; or that fuch interlo-
cutory Orders, as aforefaid, fhall have been made
for the releafing or delivering of the fame; and upon
the Condemnation or Adjudication thereof as lawful
Prize, fhall, in caſe the fame were taken by any fuch
private Ship or Ships commiffioned as aforefaid, be
immediately delivered unto the Captors thereof, and
their Agents, to be by them difpofed of, as their
Goods and Chattels; and in cafe the fame were tak-
en by any of his Majefty's Ships of War, unto fuch
Perfon
[424]
Penalty on
Judge or
Officer de-
laying, or
offending
}
Perſon or Perſons, and to be fo divided and difpofed
of, as his Majefty, his Heirs and Succeffors fhall, by
Proclamation for that Purpoſe, order and direct.
6. And be it further enacted by the Authority
aforefaid, That if any Judge or Judges, or other Of-
ficer or Officers, in any of his Majefty's Plantations or
Domininons abroad, to whom refpectively it ſhall ap-
against the
Directions pertain, ſhall delay the doing, performing, making,
of this Att. or pronouncing any of the feveral Proceedings, Mat-
ters, or Things for, towards, or relating to condemn-
ing or diſcharging, releaſing or delivering of any fuch
Capture, in Manner aforefaid, within the reſpective
Times herein before limitted, or as foon as the fame,
or any of them, ought to be done, according to the
Tenor and true Meaning of this Act, all and every
fuch Judge and Judges, and other Officer and Offi-
cers, fhall, for every fuch Offence, forfeit the Sum of
five Hundred Pounds; one Moiety thereof to his Ma-
jefty, his Heirs and Succeffors; the other Moiety
thereof, with full Cofts of Suit, to fuch Perfon or Per-
fons who fhall inform or fue for the fame in any of
the Courts in or for any of his Majeſty's ſaid Colonies
or Plantations, or in any of his Majefty's Courts of
Record within his Kingdom of Great-Britain.
What ſhall
be
in
the Courts
7. And it is hereby further enacted by the Autho-
be paid rity aforefaid, That there fhall not be paid unto or
of Admiral among all the Judges and Officers of fuch Court of
ty abroad, Admiralty in any of his Majefty's Plantations or Do-
for trying minions abroad, for, towards, or relating to the ad-
and con-
judging
[ 425 ]
Prizes.
judging or condemning of fuch Capture, as aforefaid, demning
as lawful Prize, above the Sum of ten Pounds, in caſe
fuch Prize, Ship, or Veffel, be under the Burthen of
one Hundred Tons; nor above the Sum of fifteen
Pounds, in cafe the fame be of that or any greater
Burthen; and that upon Payment of either of the faid
refpective Sums, as the Cafe fhall require, to the faid
Judge or Judges, or any of them, to be by him or
them diſpoſed or divided, as he or they fhall think
fit, among the Officers of fuch Court, fuch Judges and
Officers, and every of them, fhall be liable to all and
every the ſeveral Penalties hereby impofed, for neglect-
ing or delaying to do and perform their ſeveral and
reſpective Duties or Offices in and relating to the feve-
ral Proceedings aforefaid, within the reſpective Times
herein for that Purpoſe limitted.
abroad may
8. Provided nevertheleſs, and it is hereby further Party ag-
enacted by the Authority aforefaid, That if any Cap-grieved by
Sentence of
tor or Captors, Claimant or Claimants, fhall not reft Admiralty
fatisfied with the Sentence given in fuch Court of Court
Admiralty in any of his Majeſty's Plantations or Do- appeal to
minions abroad, it fhall and may be lawful for the Commiſſion-
Party or Parties thereby aggrieved, to appeal from the ers appoint-
faid Court of Admiralty to the Commiffioners ap- Purpose.
ed for that
pointed, or to be appointed under the Great Seal of
Great Britain, for receiving, hearing, and determin-
ing Appeals in Caufes of Prizes; fuch Appeal to be
allowed in the like Manner as Appeals to fuch Com-
miffioners are now allowed from the Court of Admi-
ralty within this Kingdom; fo as the fame be made,
Iii
within
[426]
peal.
Security to within fourteen Days after Sentence, and a good Se-
be given on
Juch Ap-curity be likewiſe given by the Appellant or Appel-
lants, that he or they will effectually profecute fuch
Appeal, and anſwer the Condemnation, as alfo pay
treble Cofts as ſhall be awarded, in caſe the Sentence
of fuch Court of Admiralty be affirmed; any thing
in this Act before to the contrary hereof in any wife
Sentence ap- notwithſtanding. Provided always, That the Execu-
pealed from, tion of any Sentence fo appealed from as aforeſaid,
in the mean ſhall not be ſuſpended by reafon of fuch Appeal, in
cafe the Party or Parties appellate fhall give fufficient
pended, fo
as the Par- Security to be approved of by the Court, in which
ty appellate fuch Sentence ſhall be given, to reftore the Ship, Vef-
give Securi- fel, Goods, or Effects, concerning which fuch Sentence
Shall not be
time fuf-
ty.
Forfeiture
of treble
on board
any Prizes.
ſhall be pronounced, or the full Value thereof to the
Appellant or Appellants, in cafe the Sentence fo ap-
pealed from ſhall be reverſed.
9. And be it further enacted by the Authority
aforefaid, That if any Commander or Commanders,
Value for
imbezeling
Officer or Officers, Seamen, Mariners, Soldiers, or
Goods, &c. others, fhall break Bulk on board or embezel any of
the Money, Jewels, Plate, Goods, Merchandize,
Tackle, Furniture, or Apparel of or belonging to fuch
Prize or Prizes fo taken, fuch Commander, Officer,
Seaman, Mariner, Soldier, or others, ſhall forfeit treble
the Value of all fuch Money, Jewels, Plate, Goods,
Merchandize, Tackle, Furniture, or Apparel, as he
or they ſhall embezel; one third Part thereof to be to
the Ufe of Greenwich Hofpital, and the other two
third Parts thereof to him or them that will fue for the
}
fame,
[ 427 ]
ſame, by Action of Debt, Plaint, or Information, in
any Court of Record in Great-Britain, in which no
Effoign, Protection, or Wager of Law, or more than
one Imparlance ſhall be allowed.
Sale of
10. And be it further enacted by the Authority Agents for
aforeſaid, That all Appraiſements and Sales of any prizes how
Ship or Ships, Goods, Wares, or Merchandizes, as to be ap-
ſhall be taken by any of his Majefty's Ships of War, pointed.
ſhall be made by Agents, or Perfons nominated and
appointed in equal Numbers by the Commander, Of-
ficer, or Ship's Company, and others intitled there-
unto (that is to fay) that if the Commander or Com-
manders of fuch Ship or Ships, as ſhall take any fuch
Prize or Prizes, fhall nominate and appoint one or
more Perfon or Perfons, Agent or Agents, to fell or
appraiſe the ſame, as aforefaid, then the Officers inti-
tled thereunto, or the Majority of them, ſhall nomi-
nate and appoint the like Number of Perfons or
Agents to act for them; and the Ship's Company and
others, or the major Part of them, fhall alfo nomi-
nate and appoint the fame Number of Perſons or
Agents to act on their Behalf in fuch Appraiſement or
Sale; Provided that nothing herein contained fhall-
extend or be conftrued to alter or make void any
Agreement or Agreements made, or to be made in
Writing, between the Owners, Officers, and Seamen
of any private Ships or Veffels of War.
Iii 2
II. And
[ 428 ]
tice to be
Publick No- 11. And be it further enacted by the Authority
given by the aforefaid, That after the Sale or Sales of fuch Prize of
Agents, of Prizes, as ſhall be taken from the Enemy by any of
the Day ap- his Majefty's Ships of War, publick Notification fhall
pointed to
pay the Cap- be given by the Perſons or Agents appointed, as afore-
tors Shares. faid, of the Day appointed for the Payment of the fe-
Shares not veral Shares to the Captors aforefaid ; after which
three Years, publick Notification, if any Men's Shares fhall remain
in the Hands of the Perfons or Agents, appointed as
Greenwich aforefaid, and fhall not be legally demanded within
Hofpital.
three Years, then fuch Share or Shares, fo remaining
in the Perfons or Agents Hands, fhall go and be paid
to the Ufe of Greenwich Hofpital.
demanded in
to go to
Prizes not 12. Provided always, and be it declared and
exempt from enacted by the Authority aforefaid, That nothing
the Payment
of Customs. herein contained fhall extend, or be conftrued to ex-
tend, to exempt any Ships, Goods, Wares, or Merchan-
dizes, which fhall be taken as Prize, and brought or
imported into this Kingdom, or any of his Majefty's
Plantations in America, from the Payment of any
Cuſtoms or Duties, or from being ſubject to ſuch Re-
ftrictions and Regulations, to which the fame now
are, or ſhall hereafter be liable, by virtue of the Laws
and Statutes of this Realm.
13. And for the encouraging his Majefly's Subjects
to engage in joint and united as well as feparate Ex-
pences, Expeditions and Adventures, Be it further en-
acted by the Authority aforefaid, That his Majefty
b.ex
[ 429 ]
1
t
be, and he, and his Heirs and Succeffors, are hereby
impowered, from Time to Time, during the Conti-
nuance of the prefent or any future War, to grant or
make any Charter, Commiffion, or Grant, Charters, Charters,
Commiffions,
Commiffions, or Grants, for the better or more effec-
&c. may be
tual enabling any Society or Societies, or particular granted by
bis Majefty
Perfons, to join in any Expeditions or Adventures, by to private
Sea or Land, and to fail to and in any of the Seas in Adventu.
America, for the attacking, furprizing, taking, or de-rers.
ftroying any Ships, Goods, Moveables and Immovea-
bles, Settlements, Factories, Creeks, Harbours, Places
of Strength, Lands, Forts, Caftles, and Fortifications,
now belonging, or hereafter to belong to or to be
poffeffed by any Enemy of his Majefty, his Heirs or
Succeffors, in any Part or Parts of America; and for-
the better making and carrying on any Preparations
for fuch Purpoſe and Purpoſes, and for the making
and affuring to the Societies and Perfons which may
be concerned, their Heirs, Succeffors, Executors, Ad-
miniſtrators, and Affighs, full and undoubted Proper-
ties, Rights, and Titles, of, in, and to, and the full
Enjoyment of all and every the Ships, Ammunition,
Stores of War, Goods, Chattels, Moveables and Im-
moveables, Settlements, Factories, Places of Strength,
or Security, Lands, Forts, Caftles, or Fortifications,
now belonging to, or poffeffed by, or hereafter to be-
long to, or to be poffeffed by any Enemy of his Ma-
jefty, his Heirs or Succeffors, in any of the Parts of
America, which fuch Society or Perſons ſhall take, or
cauſe to be taken from any fuch Enemy, together with
all the Proceed, Profits, and Advantages, which may
accrue
[430]
Such Char-
ters, &c.
ſhall not
binder the
free Trade
to America.
ney to be
accrue of or by the fame, or any of them, with and
under fuch Regulations, and in fuch Manner and
Form as his Majefty, his Heirs and Succeffors fhall
think fit; and at any Time or Times afterwards, by
any farther Grants or Charters, to confirm, corrobo-
rate, and farther affure the Premiffes, and every or any
of them, to the faid Societies or Perfons concerned,
their and every of their Heirs, Succeffors, Executors,
Adminiſtrators, or Affigns, fo as to enable them, and
every of them, to have, hold, and enjoy the full Bene-
fit thereof, according to the true Intent and Meaning
of this Act; any Law, Statute, Provifion, or Decla-
ration to the contrary in any wife notwithſtanding.
14. Provided always, That nothing fhall be con-
tained in any Charter, Commiffion, or Grant, made
in purfuance of this Act, to exclude or reftrain any of
his Majeſty's Subjects from having a full and free
Trade to and in any Part of America.
15. And as a further Encouragement to the Offi-
cers, Seamen, Mariners, Soldiers, and others on board
his Majesty's Ships of War, as alfo of Privateers, to
attack, take, and deftroy any Ships of force belonging to
Bounty-Mo- the Enemy, Be it enacted by the Authority aforefaid,
That there fhall be paid by the Treaſurer of his Ma-
jeſty's Navy, upon Bills to be made forth by the
Commiffioners of the Navy, to be paid according to
the Courſe thereof, without Fee or Reward, unto the
Officers, Seamen, Marines, Soldiers, or others, that
ſhall have been actually on board fuch of his Maje-
paid for
taking or
defroying
Enemies
Ships.
Marinds
fty's
[ 43 ]
fty's Ship or Ships of War, or Privateer or Privateers,
in any Action where any Ship or Ships of War, or
Privateers, fhall have been taken from the Enemy,
funk, burnt, or otherwiſe deſtroyed, five Pounds for
every Man which was living on board any Ship or
Ships fo taken, funk, burnt, or otherwiſe deſtroyed,
at the beginning of the Engagement between them;
the Numbers of fuch Men to be proved by the Oaths
of three or more of the Chief Officers or Men, which
were belonging to the faid Ship or Ships of War, or
Privateers of the Enemy, at the Time of her or their be-
ing taken as Prize, funk, burnt, or otherwiſe deſtroy-
ed, before the Mayor or other Chief Magiftrate of
the Port, whereunto any Prize, or Officers, or Men of
fuch Ships, as were funk, burnt, or otherwiſe deſtroy-
ed, fhall be brought; which Oaths the faid Mayor, or
other Chief Magiftrate of any fuch Port, is hereby
impowered and required to adminifter, and fhall
forthwith grant a Certificate thereof, without Fee or
Reward, directed to the Commiffioners of the Navy;
upon producing which Certificate to the Commiffion-
ers of his Majefty's Navy, together with an authentick
Copy of the Condemnation of fuch Ship fo taken;
or if fuch Ship be funk, burnt, or otherwiſe deſtroyed,
on producing only a Certificate from the Mayor, or
other Chief Magiſtrate, as aforefaid, the ſaid Commiffi-
oners of his Majefty's Navy, or fuch Perfon or Perfons
as they ſhall appoint for that Purpoſe, fhall, according
to the Courſe of the Navy, within fifteen Days, make
out Bills for the Amount of fuch Bounty, directed to
the Treafurer of the Navy, payable to, and to be di-
vided
[ 432 ]
Captors to
appoint
Agents
to receive
the Bounty
Money.
vided amongst the Officers, Seamen, Mariners, and
Soldiers on board his Majefty's Ships of War, in Man-
ner, Form, and Proportion, as by his Majefty's Pro-
clamation to be iffued for that Purpoſe fhall be directed
and appointed; and amongſt the Owners, Officers,
and Seamen of any private Veffel, or Ship of War, in
fuch Manner and Proportion, as by any Agreement
in Writing they ſhall have entred into for that Pur-
pofe, fhall be directed.
16. And be it further enacted by the Authority
aforefaid, That the Bill or Bills to be made out for
the Bounty hereby granted to the Commanders, Offi-
cers, Seamen, Mariners, Soldiers, and others of his
Majeſty's Ships of War, for taking, finking, burning,
or otherwiſe deſtroying any Ships of War, or Priva-
teers, belonging to any of his Majefty's Enemies, fhall
be made payable to fuch Perfon or Perſons as ſhall be
authorized and appointed by the Commander, and by
the Majority of the Officers, and the major Part of
fuch Ship's Company, and others, as ſhall have taken,
funk, burnt, or otherwiſe deſtroyed the fame, to be
diftributed and divided by the faid Perfon or Perfons
fo authorized and appointed, amongſt the Captors, in
fuch Manner, Form, and Proportion, as aforefaid;
the feveral Shares of which Captors, if not legally de-
manded within three Years after publick Notification,
ſhall be applied to the Ufe of Greenwich Hofpital; and
that the Bill or Bills to be made out for the Bounty
hereby granted to Privateers, for taking, finking,
burning, and otherwiſe deſtroying any Ships of War,
or
อ
1
[433]
or Privateers, belonging to any of his Majeſty's Ene-
mies, ſhall be made payable to ſuch Perfon or Per-
fons as fhall be nominated and appointed by the
Owner or Owners, Officers, and Seamen of fuch Pri-
vateer or Privateers, who fhall have taken, funk,
burnt, or otherwiſe deſtroyed the fame, or the major
Part of them, to be divided in fuch Manner and Pro-
portion as ſhall have been agreed by them, as afore-
faid.
Galleons,
rican Courts
17. Provided nevertheleſs, and be it further enact- Prizes of
ed by the Authority aforefaid, That nothing herein &c. not to
contained ſhall extend, or be conftrued to extend, to be adjudged
oblige or authorize any Judge of any of his Majeſty's in the Ame-
Courts of Admiralty in the Plantations or Colonies in of Admiral-
America, or elſewhere out of Great-Britain, to ad- iy.
judge or determine concerning the Validity of the
Capture of any Ship or Ships, whether Men of War or
Merchant Ships, commonly called Flota-Ships or Gal-
leons, or any Ship having a Regiſter, bound from
Buenos Ayres, or Honduras, or any Goods on board
any ſuch Ship; but that all fuch Ships called Flota-
Ships or Galleons, and every Ship having a Regiſter,
bound from Buenos Ayres, or Honduras, which fhall
be taken by any Ship or Ships, fhall with their Car-
goes be tried and adjudged in his Majeſty's High Court
of Admiralty; any thing in this Act to the contrary:
in any wife notwithſtanding.
Kkk
18. Provided
[ 434 ]
Ships,
of Britiſh
the Enemy,
bow to be
difpofed.
2
18. Provided always, and be it enacted, That
Goods, &c. if any Ship, Veffel, or Boat taken as Prize, or
Subjects re- any Goods therein, fhall appear and be proved in the
taken from Court of Admiralty to be belonging to any of his
Majefty's Subjects of Great-Britain or Ireland, or any
of the Dominions and Territories remaining and con-
tinuing under his Majefty's Protection and Obedience,
which were before taken or furprized by any of his
Majeſty's Enemies, and afterwards again furprized and
retaken by any of his Majefty's Ships of War, or any
private Man of War, or other Ship, Veffel, or Boat
under his Majeſty's Protection or Obedience, that then
fuch Ships, Veffels, Boats and Goods, and every ſuch
Part and Parts thereof as aforefaid, belonging to fuch
his Majeſty's Subjects, fhall be adjudged to be reſtored,
and ſhall be, by Decree of the ſaid Court of Admiral-
ty, accordingly reftored to fuch former Owner or
Owners, or Proprietors, he or they paying for and in
lieu of Salvage, if taken by one of his Majefty's Ships
of War, an eighth Part of the true Value of the
Ships, Veffels, Boats and Goods reſpectively fo to be
reftored; which Salvage fhall be anſwered and paid
to the Captains, Officers and Seamen in the faid Man
of War, to be divided in fuch Manner as before in this
Act is directed touching the Share of Prizes belonging
to the Flag-Officers, Captains, Officers, Seamen, Ma-
rines and Soldiers, where Prizes are taken by any of
his Majefty's Ships of War: And if taken by a Priva-
teer, or other Ship, Veffel or Boat, after having been
in the Poffeffion of the Enemy twenty-four Hours,
an
[ 435 ]
4
العالم
an eighth Part of the true Value of the faid Ships,
Veffels, Boats and Goods; and if above twenty-four
Hours, and under forty-eight Hours, a fifth Part
thereof; and if above forty-eight Hours, and under
ninety-fix Hours, a third Part thereof; and if above
ninety-fix Hours, a Moiety thereof: All which Pay-
ments to be made to any Privateer, or other Ship,
Veffel or Boat, ſhall be without any Deductions: And
if fuch Ship fo retaken fhall appear to have been, af-
ter the Taking by the Enemy, by them fet forth as a
Man of War, the former Owners and Proprietors to
whom the ſame ſhall be reftored, fhall be adjudged to
pay, and ſhall pay for Salvage, the full Moiety of the
true Value of the faid Ship fo taken and reftored,
without Deduction as aforefaid; any Law, Cuftom,
or Ufage to the contrary notwithſtanding.
{
by Privateer
19. And be it further enacted, That in cafe any Ship, or
Ship or Veffel, or any Goods or Merchandizes, fhall Goods taken
be taken by any Privateer through Confent or clan- by Collufion.
deſtinely, or by Collufion or Connivance, fuch Ship
and Veffel, and fuch Goods and Merchandizes, and
alfo the Ship's Tackle, Apparel, Furniture and Am-
munition of fuch Privateer, fhall, upon Proof thereof
to be made in his Majefty's Court of Exchequer, or in
the Court of Admiralty, be declared and adjudged to
be good Prize to his Majefty; one Moiety thereof fhall Forfeiture.
be to the Ufe of his Majefty, his Heirs and Succeffors,
and the other Moiety to the Ufe of fuch Perfon who
fhall difcover and fue for the fame, and the Bond
given by the Captain of fuch Privateer, fhall be, and
Kkk 2
is
[ 436 ]
is hereby adjudged to be forfeited to his Majefty!
If by Man And in cafe any fuch Ship or Veffel, or any Goods or
of War, the
Captain, Merchandizes as aforefaid, fhall be taken by any Man
&c. to for- of War through Confent, clandeftinely, or by Collufi
feit 1000 1. on or Connivance of the Commander or Captain, fuch
Commander or Captain fhall forfeit the Sum of one
Thouſand Pounds; one Moiety thereof to the Ufe of
his Majeſty, his Heirs and Succeffors, and the other
Moiety to the Ufe of fuch Perfon who fhall diſcover
and fue for the fame; to be recovered by Action of
Debt, Bill, Plaint, or Information, in any of his Maje-
fty's Courts of Record, wherein no Effoign, Protecti
on, Privilege, or Wager of Law, or any more than
And be in- one Imparlance fhall be allowed; and fuch Captain
capacitated: or Officer fhall forfeit his Command and Employ-
ment, and ſhall be, and is hereby difabled and made
incapable of any Office or Employment under his Ma-
jefty, during the Space of feven Years; and the faid
Goods and Merchandizes, and the Ship, Tackle, Ap-
parel, Furniture, Guns and Ammunition, fo taken
by Colluſion, ſhall be and is hereby adjudged to be
good Prize to his Majefty:
And the
Goods,
Ship, &c.
forfeited.
Taking on
Slaves, &c.
1
វ
1
20. And whereas good and neceffary Laws have been
board made, and are fill in force within feveral of his Ma-
in America jefty's Colonies or Plantations in America, for the pre-
without venting the carrying off from the faid Colonies or
Confent of Plantations any Servant or Slave without the Confent
of the Owner, or the carrying off from thence any other
Perſon or Perſons whatsoever, until fuch Perfon fhall
have taken out his Ticket from the Secretary's Office
the Mafter,
and &c;
within
[ 437 ]
乎
​within fuch refpective Colony or Plantation, in fuch
Manner and under fuch Penalties and Forfeitures, aš,
in and by the faid feveral Laws is declared and pro
vided; Be it therefore further enacted by the Autho-
rity aforefaid, That all Commanders of private Ships Commanders
of War, or Merchant Ships, having Letters of Marque, of Priva-
teer-Ships,
ſhall upon their going into any of thofe Ports or Har- &c. fubject
bours be fubject, and they are hereby determined to be to the Laws
fubject to the feveral Directions, Provifions, Penalties tions of the
and Forfeitures in and by fuch Laws made and pro- Places there,
vided; any thing in this Act contained to the contra-
ry thereof in any wife notwithſtanding.
and Direc-
Anno 13º Geo. H. Cap. 17:
An Act for the Increase of Mariners and
Seamen to navigate Merchant Ships, and
other trading Ships or Veffels..
W
HEREAS it is neceſſary to give all fitting Preamble.-
Encouragement to Perfons to apply themselves to
the Sea Service, and the Practice of Navigation, and
alfo to foreign Mariners and. Seamen to engage in the
British Service; Be it enacted by the King's moſt
Excellent Majefty, by and with the Advice and Con-
fent of the Lords Spiritual and Temporal, and Com-
mons, in this preſent Parliament affembled, and by
the Authority of the fame, That every Perfon herein Perfons ex-
after empted from
[438]
being im-
preſſed.
after mentioned fhall be freed and exempted from be-
ing impreffed into the Service of his Majefty, his
Heirs or Succeffors (that is to ſay) 'every Perfon being
of the Age of fifty-five Years, or upwards, and every
Perfon not having attained the full Age of eighteen
Years, and every Foreigner, being a Mariner, Seaman,
or Landman, who fhall ferve in any Merchant Ship,
or other trading Ship or Veffel, or Privateer, belong-
ing to the Subjects of the Crown of Great-Britain.
2. And for the Encouragement of able-bodied
Landmen to betake themſelves to the Sea Service, Be
it further enacted by the Authority aforefaid, That
every Perſon of what Age foever he be, who fhall uſe
the Sea, fhall be freed and exempted from being im-
preffed for the full Space of two Years, to be comput-
ed from the Time of his firft going to Sea; and that
every Perſon who not having before uſed the Sea,
ſhall bind himſelf Apprentice to ferve at Sea, fhall be
freed and exempted from being impreffed for the full
Space of three Years, to be computed from the Time
of his binding himſelf Apprentice, as aforefaid.
3. And for the better Securing to all the Perfons be-
fore mentioned the Benefit intended them by this A&t,
Lord Admi- Be it further enacted by the Authority aforefaid, That
ral, &c. to the Lord High Admiral of Great-Britain, or Com-
tections ac- miffioners for executing the Office of Lord High Ad-
cordingly, miral for the Time being, or any Three or more of
grant Pro-
them, fhall, upon due Proof made before him or them
of the refpective Ages and Circumftances (as the Cafe
fhall
[ 439 ]
fhall happen) of any of the Perfons before mentioned,
grant a Protection to every fuch Perſon to ſecure him
from being impreffed, for fuch Time as by the true
Intent and Meaning of this Act, fuch Perfon is to be
freed and exempted from being impreffed; all which Wthout
Protections fhall be granted without any Fee or Re- ward,
ward to be taken for the fame.
Fee or Re-
Anno 13° Geo. II. Cap. 24.
An Act for amending and enforcing the
Laws relating to Rogues, Vagabonds, and
other idle and diforderly Perfons, and for
reducing the fame into one Act of Parlia-
ment; and alſo for amending the Laws
for erecting, providing, and regulating
Houfes of Correction.
حب
·
Soldiers or
Mariners
with Cer-
Aft
ROVIDED always, That this Act, or any
thing therein contained, fhall not extend, or
be conftrued to extend to Soldiers wanting Subfiftence, tificates not
having lawful Certificates from their Officers, or the within this
Secretary at War, or to Mariners, or Seafaring Men,
licenſed by fome Teftimonial or Writing under the
Hand and Seal of fome Juftice of the Peace, fetting
down the Time and Place of their Landing or Diſ-
charge, and the Place to which they are to pafs, and
limiting
[ 440 ]
C. 17.
>
See 39 El. limiting the Time of fuch their Paffage while they
continue in the direct way to the Place to which they
are to paſs, and during the Time fo limited,
Preamble.
Anno 13° Geo. II. Cap. 27.
An Act for prohibiting Commerce with Spain.
WHEREAS bis Majefty bath been called on by
the repeated Infults, Depredations, and Cruel-
ties of the Spaniards, to make use of the Power which
God hath given him, for vindicating the Honour and
Dignity of his Crown, and for fecuring to his Subjects
the undoubted Rights and Privileges of Navigation
and Commerce to which they are justly intitled; and
in order thereunto, his Majefty, upon juft and honoura-
ble Grounds, bath thought fit to declare War with
Spain; and it being highly Requifite and neceſſary to
prohibit and refrain all Commerce between his Maje-
fty's Subjects and thofe of Spain in Europe, and to en-
force fuch Prohibitions and Restrictions by fevere Pe-
nalties; Be it therefore enacted by the King's moſt
Excellent Majefty, by and with the Advice and Con-
fent of the Lords Spiritual and Temporal, and Com-
mons, in this preſent Parliament affembled, and by
No Goods to the Authority of the fame, That from and after the
be imported first Day of June, in the Year of our Lord one Thou-
from Old
Spain, &c. fand feven Hundred and Forty, no Wines or Fruits
during the of any Sort, nor Wool, Iron, Drugs, or Grocery
prefentWar.
Wares,
*
[441]
Wares, Skins, or any other Goods or Commodities
whatſoever, of the Growth, Product, or Manufacture
of any of the Kingdoms, Dominions, Iflands, or Ter-
ritories of the King of Spain, commonly called Old
Spain, lying or being in Europe, or of the Iſlands com-
monly called the Canary Inlands, belonging to the
faid King of Spain (except fuch Goods as fhall be bona
fide taken and condemned as lawful Prize, in any
Court of Admiralty, or ordered by any fuch Court
before Comdemnation to be fold, as periſhable, where-
in the ſaid Court is hereby directed to proceed in the
fame Manner as at any Time before the making of
this Act) ſhall, during the prefent War with Spain, be
imported in any Ship or Veffel whatſoever, into any
Port, Haven, Creek, or other Place whatſoever, in the
Kingdoms of Great-Britain or Ireland, or Ifles of
Jersey, Guernsey, Alderney, Sark, Ifle of Man, or
Minorca, or the Town or Port of Gibraltar, from any
Port or Place whatſoever, either mixt or unmixt with
any Commodities of the Growth or Product of any
other Nation, Place, or Country whatſoever, under the On Penalty
Penalty of the Forfeiture of all fuch Goods and Com- of forfeiting
Ship and
modities, and treble the Value thereof, and of the Goods, and
Ship or Veffel in which they ſhall be imported, with treble the
all her Guns, Tackle, Furniture, Ammunition, and
Apparel, to be profecuted and divided in the Manner
herein after mentioned.
Value.
what are
2. Provided that nothing herein contained fhall Except
extend, or be conſtrued to extend, to hinder or prohi- lodged at
bit any Goods or Commodities of the Growth, Pro- Minorca or
L11
duct, Gibraltar
[ 442 ]
1740,
before the duct, or Manufacture of any of the Kingdoms, Domi-
ist of May
nions, Iſlands or Territories of the King of Spain, which
ſhall be actually imported into the Iſland of Minorca
or Gibraltar on or before the firft Day of May, one
Thouſand ſeven Hundred and Forty, from being im-
ported into Great-Britain, ſo as the fame be imported
home on
on or before the twenty-fourth Day of June, one
And brought Thouſand ſeven Hundred and Forty, in British built
Britiſh Bot- Shipping, navigated according to Law, and fo as due
toms before Proof be made on Oath before the Commiffioners of
the 24th of his Majeſty's Cuſtoms, or any Three of them, in the
June 1740. Port of London, or before the Collector and Comp-
Privateers
Ships by
teer and
troller of the Cuſtoms in any other Port of Great-
Britain, who are hereby impowered to adminifter
fuch Oath, and alfo to enquire into the Truth of the
Caſe, and all Circumftances relating thereto; that the
faid Goods and Commodities were actually imported
into Minorca or Gibraltar on or before the faid firft
Day of May.
3. And to prevent collufive, fraudulent, or clandef
taking tine Captures by Privateers; Be it enacted by the
Collusion, Authority aforefaid, That if any Privateer or Priva-
the Priva- teers fhall, by Confent, or clandeftinely, or by Collu-
Prize both fion, feize or take any Ship or Veffel whatſoever, up-
forfeited, on due Proof thereof, to be made in the Court of Ad-
and the Re- miralty, the Bail or Recognizance given in the faid
given by the Court, by or on the Behalf of fuch Privateer, at the
Privateer taking out of his Commiffion, fhall be pronounced
on taking and declared by the faid Court to be forfeited, and
fron, alfo the Privateer Ship itſelf, with all her Appurtenances,
forfeited.
cognizance
bis Commif-
Guns,
[ E
443 ]
Guns, Tackle, Ammunition and Goods on board, as
alſo the Merchant Ship or Veffel that ſhall be ſo taken,
with her Appurtenances and Lading, upon Proof as
aforefaid, fhall be condemned as good and lawful
Prize; and after Condemnation and Sale thereof, the
Perfon or Perfons diſcovering and profecuting the
fame, fhall have one third Part of the Net Produce
for his or their Encouragement.
concerning
Goods are,
porter.
4. And be it further enacted by the Authority Directions
aforeſaid, That if any Queſtion, Diſpute, or Doubt Captures.
ſhall ariſe, whether any of the Commodities feized where
for having been imported as aforefaid, or any Part Question
thereof, either fingle or mixt, were of the Growth, Product of
arifes of the
Product, or Manufacture of any of the aforefaid Ter- what Coun-
ritories or Dominions of the King of Spain, or were try, &c. the
imported contrary to this Act, the Proof fhall be in-
cumbent only on the Importer or Claimer, and not
upon the Informer or Officer; and for Default of ſuch Proof to lie
Proof, that then a Judgment thereupon fhall be given for on the Im-
the Recovery of the aforefaid Forfeiture, and Executi-
on of fuch Judgment ſhall be immediately granted
and awarded according to the true Intent and Mean-
ing of this Act, without any Stay or Delay whatſoever;
and if any Informer, or other Perfon or Perfons, who Five Hun
fhall take upon him or them to feize or profecute any Penalty for
Goods or Commodities, or any Perſon or Perfons, up- defifting or
on, or by virtue or means of this prefent Act, fhall delaying the
by Fraud or Collufion defift from or delay the Profe- by Collufion
cution of any of the Commodities aforefaid, after Sei- after Sei-
zure or Stay of the fame, or the Profecution of any Per-
L112
fon
dred Pounds
Profecution
zure.
[444]
The King
by Procla
mation may
fon or Perfons for any Offence againſt this Act, he and
they fo defifting and delaying, fhall, for every fuch
Offence, upon due Conviction thereof, forfeit the Sum
of five Hundred Pounds.
5. Provided always, and be it further enacted by
the Authority aforefaid, That if his Majefty, in his
take off the great Wiſdom, fhall, at any Time during the prefent
Prohibition. War, judge it for the Benefit of his People, to take off
I
the aforefaid Prohibitions and Reſtrictions, or any
Part thereof, from any of the Goods and Commodities
aforefaid, it ſhall and may be lawful for the King's
Majefty, by one or more Proclamation or Proclamati-
ons, to be iffued under the Great Seal of Great-Bri-
tain, or by his Order in Council, to be publiſhed in
the London Gazette to fignify the fame, and thereup-
on fuch Goods and Commodities as aforefaid, fhall
and may be imported, being firft duly entred, and
paying the Cuſtoms and other Duties now due by
Law for the fame; any thing herein contained to the
contrary notwithſtanding.
or
Claimant to
6. And be it further enacted, That no Foreigner,
give 100 l.
other Perfon fhall be admitted to enter a Claim to
Security to
answer
fuch Goods, Ship, Veffel, or Boat ſo ſeized as afore-
Cofts of faid, until fufficient Security be firft given by Perfons
Profecution. of known Ability, in the Court where fuch Goods are
profecuted, in the Penalty of one Hundred Pounds, to
anſwer the Cofts and Charges of Profecution; and
in Default of giving fuch Security, fuch Goods, Ship,
i
Veffel,
[ 445 ]
*
Veffel, or Boat fhall be adjudged to be forfeited, and
fhall be condemned.
7
J
$
to be divid
7. And it is hereby further enacted, That all the How For
Forfeitures and Penalties, before in this Act mention-feitures are
ed and provided, which fhall be incurred in Great-ed
Britain or Ireland, fhall be divided into three feve-
ral Parts, two third Parts thereof to his Majefty, his
Heirs and Succeffors, and the other third Part thereof
to fuch Perfon or Perfons as fhall feize or fue for the
fame, by Bill, Plaint, or Information, in any of his
Majeſty's Courts of Exchequer in Great-Britain or
Ireland refpectively, wherein no Effoign, Protection,
Or Wager of Law fhall be allowed, the Charge of
which Suits and Profecutions ſhall be paid out of his
Majeſty's Part; and as to all Offences committed
againſt this Act, and the Penalties and Forfeitures in-
curred thereby in the Iflands of Jersey, Guernsey,
Alderney, Sark, Man, or Minorca, or in Gibraltar,
the fame fhall, and may be profecuted in the Courts
of Admiralty, or in any other Courts in the faid
Iſlands or Place, and the Seizures of any Ships or
Goods imported into the faid Iflands or Place, be
made by fuch Perfon or Perfons, as his Majefty by
Warrant under his Royal Sign Manual fhall autho-
rize and appoint for that Purpoſe, which faid Goods
or Ships fo feized, after Condemnation thereof, may
be publickly fold, and divided between his Majesty
and the Perfon or Perfons feizing the fame, in fuch
and the like Proportions, as is before by this Act di-
rected, in Relation to Penalties and Forfeitures incur-
}
red
[446]
to Goods
condemned
&c.
red in Great-Britain or Ireland, and that the Charge
of fuch Proſecutions fhall be paid out of his Majefty's
Part; any thing in this or any other Act to the con-
trary notwithſtanding.
Provifo, as 8. Provided always, and be it enacted by the Au-
thority aforefaid, That nothing herein contained
in Jerſey, fhall extend, or be conſtrued to extend to the permit-
ting any Goods, which fhall have been feized and
condemned in the faid Iflands of Jersey, Guernsey,
Alderney, Sark, Man, or Minorca, or in Gibraltar,
by virtue of this Act, to be imported into the King-
doms of Great-Britain or Ireland, in any Ship or
Such not to Veffel, or on any Pretence whatſoever; and that in cafe
be imported
into Great any Goods which fhall have been fo feized or con-
Britain or demned in any of the faid Places, fhall be imported
into Great Britain or Ireland, the faid Goods, and
treble the Value thereof, and alfo the Ship importing
the fame, with her Tackle, Ammunition, Furniture,
and Apparel, ſhall be liable to be ſeized, profecuted,
and divided in the fame Manner, as if fuch Goods and
Ship had been imported from any foreign Parts, con-
trary to the true Intent and Meaning of this A&t.
Ireland.
9. And be it further enacted by the Authority
aforefaid, That if any Action or Suit fhall be com-
menced againſt any Perfon or Perſons for any thing
done in purſuance of this Act, the Defendant or De-
fendants in any fuch Action or Suit may plead the
General If General Iffue, and give this Act and the ſpecial Mat-
ter in Evidence at any Trial to be had thereupon, and
Jue.
that
[ 447 ]
that the fame was done in purſuance and by the Au-
thority of this Act; and if it fhall appear fo to have
been done, the Jury fhall find for the Defendant or
Defendants; and if the Plaintiff fhall be nonfuited,
or diſcontinue his Action after the Defendant or De-
fendants fhall have appeared, or if Judgment ſhall be
given upon any Verdict or Demurrer againſt the
Plaintiff, the Defendant or Defendants fhall and may
Recover treble Cofts, and have the like Remedy for Treble Cofts.
the fame as any Defendant or Defendants have in
other Cafes by Law.
Anno
[ 448 ]
1
Anno 13° Geo. II. Cap. 28.
An Act for continuing the feveral Laws
therein mentioned, relating to the Premi-
ums upon the Importation of Mafts,
Yards, and Bowfprits, Tar, Pitch, and Tur-
pentine; to Britiſh made Sail Cloth, and
the Duties payable on foreign Sail Cloth;
to the Greenland, and to the Whale
Fishery; for granting a further Bounty
for all Ships employed in the Whale
Fishery during the prefent War; for ex-
empting Harponeers and others employed
in the Greenland Fishery Trade, from
being impreffed; and for giving further
Time for the Payment of Duties omitted
to be paid for the Indentures and Con-
tracts of Clerks and Apprentices.
Harponeer, 5.
Greenland
Fiſhermen,
AND whereas the Greenland Fishery Trade
cannot be carried on without Men who are
&c. not to uſed to the faid Fibery; Be it therefore enacted by
be impreſſed. the Authority aforefaid, That no Harponeer, Line-
1 Ann. St. Manager, Boat-Steerer, or Seaman, who fhall be in or
1. C. 16. belong to any Ship or Veffel, in the Greenland Fiſhery
Trade, fhall be impreffed from the faid Service, and
S. 2.
that
[ 449 ]
+
that any fuch Harponeer, Line-Manager, Boat-Steerer,
or Seaman, may, during the Time of the Year that
he or they are not employed in the ſaid Fiſhery, fail
in the Colliery Trade, upon giving Security to the
Satisfaction of the Commiffioners of the Cuftoms, that
he or they will proceed in the faid Ship or Veffel to
Greenland, or Davis's - Streights, on the Whale
Fiſhery, the next Seaſon.
to
Anno 14 Geo. II. Cap. 38.
An Act for the Encouragement and Increafe
of Seamen, and for the better and Speedier
manning his Majefty's Fleet.
W HEREAS the Welfare and Profperity of Preamble..
his Majefty's Dominions are greatly concerned,
in giving all due Encouragement to Mariners and
Seamen to enter voluntarily into the Ships of the Royal
Navy, for the Service and Defence of their Country;
Be it therefore enacted by the King's moft Excellent
Majeſty, by and with the Advice and Confent of the
Lords Spiritual and Temporal, and Commons, in this
prefent Parliament affembled, and by the Authority
of the fame, That from and after the twenty-fifth
Day of March one Thouſand feven Hundred and For-
ty One, every able Seaman, who fhall on or before
M m m.
$
the
[ 450 ]
on board the
the firſt Day of May, one Thouſand ſeven Hundred
Bounty-Mo- and Forty One, voluntarily enter himſelf to ſerve on
ney increaſ
board
ed, to Per-
any of his Majeſty's Ships of War, fhall receive,
fons entring and be intitled to a Bounty of five Pounds, over and
voluntarily above his Wages; and every ordinary Seaman, who
ſhall on or before the firſt Day of May, one Thouſand
51. 31. feven Hundred and Forty One, voluntarily enter him-
ſelf to ſerve on board any of his Majefty's Ships of
War, fhall receive and be intitled to a Bounty of three
Pounds, over and above his Wages.
Fleet.
Widows of
vice, to re
as Bounty.
2. And it is hereby further enacted, That if any
Seamen en- Seaman, under the Degree of a Warrant or Commiffi-
tring volun-
tarily, and on Officer, entring voluntarily into the Service of his
killed in the Majefty, his Heirs and Succeffors, fhall be killed or
King's Ser-
drowned in the faid Service, and ſhall leave a Widow,
cieve a to whom he was lawfully married; every fuch
Year's Pay Widow fending or producing to the Commiffioners
of the Navy a Certificate, under the Hands of the Mi-
nifter, Church-wardens, and Overfeers of the Poor of
the Pariſh wherein fhe refides, that fhe is the real
Widow of the faid Seaman fo killed or drowned,
ſhall receive fuch Sum of Money, by way of Bounty,
as fhall amount to, and be equivalent with one
Year's Pay or Wages of fuch Seaman, computing the
fame according to the rate of the Monthly Wages or
Pay he ferved for, or was intitled to at the Time of
his Death: And the Commiffioners of the Navy for
the Time being, are hereby authorized and required,
upon producing fuch Certificate at the Navy Office,
to
[ 45 ]
to order and direct the Payment of ſuch Bounty-Mo-
ney accordingly.
C. 14. S.
15, 16,
3. And whereas by an Act of Parliament, made 1 Geo. II.
and paſſed in the first Year of the Reign of his preſent
Majefty, intituled, An Act for encouraging Seamen
to enter into his Majeſty's Service, It was enacted,
That no Perſon whatſoever, who should lift and enter
himſelf to ferve his Majefty as a Seaman on board
any of his Majesty's Ships or Veffels, fhould be liable to
be taken out of his Majefty's Service by any Process or
Execution whatsoever, (other than for fome criminal
Matter) unless for a real Debt, or other just Cauſe of
Action, and unleſs before taking out fuch Process or
Execution (not being for a criminal Matter) the Plain-
tiff or Plaintiffs therein, or fome other Perfon or Per-
fons on his or their Behalf, ſhall make Affidavit before
one or more Judge or Judges of the Court of Record,
or other Court out of which fuch Procefs or Execution
ſhall issue, or before fome Perfon authorized to take
Affidavits in fuch Courts, that to his or their Know-
ledge, the Sum justly due and owing to the faid Plain-
tiff or Plaintiffs from the Defendant or Defendants in
the Action, or Cauſe of Action, on which fuch Procefs
Should issue, or the Debt, or Damages and Cofts for
which fuch Execution ſhould be iſſued out, amounted to
the Value of twenty Pounds at the leaft, a Memorandum
of which Oath should be marked on the back of fuch
Procefs or Writ, for which Memorandum or Oath, no
Fee ſhould be taken: And that if any Perfon fhould be
Mmm 2
arrefted
E 452 ]
arreſted contrary to the Intent of the ſaid Act, it
fhould be lawful for one or more Judge or Judges of
Such Court, upon Complaint thereof made by the Party
himself, or by any his fuperior Officer or Officers, to
examine into the fame by the Oath of the Parties, or
otherwife, and by Warrant under his or their Hands
and Seals to diſcharge fuch Seaman fo arrefted, contra-
ry to the Intent of the faid Act, without paying any
Fee or Fees, upon due Proof made before him or them,
that fuch Seaman fo arrested, was actually belonging to
one of his Majesty's Ships or Veffels, and arrefted con-
trary to the Intent of the faid Act; and also to award
to the Party fo complaining, fuch Cofts as fuch Fudge
or Fudges should think reaſonable; for the Recovery
whereof be fhall have the like Remedy that the Perfon
who took out the faid Execution might have had for
his Cofts, or the Plaintiff, in the ſaid Action, might
have had for the Recovery of his Cofts, in cafe Fudg
ment had been given for him, with Cofts against the
Defendant in the faid Action: And it was thereby
further enacted, that it should and might be lawful for
any Plaintiff and Plaintiffs, upon Notice first given in
Writing of the Cauſe of Action, to fuch Seaman or
Seamen in his Majesty's Service, or left at his or their
laft Place of Refidence, before his entring into his Ma-
jefty's Service, to file a Common Appearance in any
Action to be brought, for or upon Account of any Debt
whatſoever, fo as to intitle fuch Plaintiff or Plaintiffs
to proceed therein to Judgment and Outlawry; and to
have an Execution thereupon, other than against the
Body
[ 453 ]
25th of
Ireland.
Body or Bodies of him or them, fo actually belonging to
one of his Majesty's Ships, as aforefaid: Now it is After the
hereby further enacted, That fo much of the faid Act March
of the firft Year of his preſent Majefty, as relates to 1741, to
the preventing and prohibiting any Seaman from be- extend to
ing taken out of the Service of his Majefty, his Heirs
or Succeffors, or to any other of the Matters and
Things herein before recited, fhall, from the twenty-
fifth Day of March, one Thouſand feven Hundred and
Forty One, be exerciſed, executed, take effect, and be
of force within the Kingdom of Ireland.
Anno 14to Geo. II. Cap. 39.
An Act for Surveying the Chief Ports and
Head Lands on the Coafts of Great-Bri-
tain and Ireland, and the Islands and
Plantations thereto belonging, in order to
the more exact Determination of the Lon-
gitude and Latitude thereof.
WHEREA
15.
HERE AS by an Act of Parliament made in 12 Ann.
the twelfth Year of the Reign of her late Maje- St. 2. C.
fty Queen Anne, intituled, An Act for providing a
publick Reward for fuch Perfon or Perfons as fhall
diſcover the Longitude at Sea, the Commiffioners there-
in
[ 454 ]
in named, or any five or more of them, have full Pow-
er to bear and receive any Propofal or Propoſals that
fhall be made to them, for difcovering the faid Longi-
tude;
and in cafe the faid Commiffioners, or any five or
more of them, ſhall be fo far fatisfied of the Probability
of any fuch Difcovery, as to think proper to make Ex-
periment thereof, they shall certify the fame. under
their Hands and Seals to the Commiffioners of the Na-
vy for the Time being, together with the Perfons Names
who are Authors of fuch Proposals; and upon produc-
ing fuch Certificate, the faid Commiflioners are thereby
authorized and required to make out a Bill or Bills
for any Sum of Money, not exceeding two Thousand
Pounds, as the faid Commiffioners for the Discovery of
the Longitude, or any five or more of them ſhall think
neceſſary for making the Experiments, payable by the
Treasurer of the Navy to fuch Perfon or Perfons as
fhall be appointed by the Commiffioners for Difcovery of
the Longitude, to make thofe Experiments: And for
a due and fufficient Encouragement to any fuch Perfon
or Perfons as fball difcover a proper Method for finding
the faid Longitude, it is thereby further enacted, That
the Authors or Difcoverers of any fuch Method fhall be
intitled to the refpective Sums therein mentioned, if it
determines the faid Longitude according to the refpec-
tive Degrees of Exactness, in the faid Act defcribed;
and that a Moiety of fuch Reward or Sum fhall be due
and paid when the faid Commiſſioners, or the major
Part of them agree, that fuch Method extends to the
Security of Ships within eighty Geographical Miles of
the
}
[ 455 ]
the Shores, which are Places of the greatest Danger
And whereas it is abfolutely necessary for making the
Diſcovery useful at Sea, and for the Security of Ships
approaching near the Shores, that the Chief Ports and
Head Lands on the Coafts of Great - Britain and Ire-
land, and the Iſlands and Plantations thereto belonging
fhould be firft furveyed, and the Longitude and Lati-
tude of fuch Places determined more exactly than has
hitherto been done: And whereas fome Doubts have
arifen, whether by the Words of the faid Act of Parlia-
ment, the ſaid Sum of two Thousand Pounds appointed
for making ſuch Experiments, or any Part thereof, can
be applied for fuch Survey, or fixing the Longitude or
Latitude of fuch Places; Be it therefore enacted by
the King's moft Excellent Majefty, by and with the
Advice and Conſent of the Lords Spiritual and Tem-
poral, and Commons, in this prefent Parliament af-
ſembled, and by the Authority of the fame, That the
faid Commiffioners for diſcovering the Longitude, or
any five or more of them, fhall have full Power to The 2000 1.
apply fuch Part of the ſaid Sum of two Thoufand Pounds for making
Experi-
mentioned in the faid Act, as has not already been ments ac-
laid out in Experiments, as they ſhall think neceffary cording to
the faid Att
for the making fuch Survey, and determining the
Longitude and Latitude of the Chief Ports and Head St. 2. C.
Lands, on the Coaſts of Great-Britain and Ireland, 15.; or any
Part of it
and the Iſlands and Plantations thereto belonging; may be em-
and that fuch Sum or Sums, part of the faid two ployed in
Thouſand Pounds, which the faid Commiffioners, or
any five or more of them ſhall think neceffary, ſhall mentioned
of 12 Ann.
making the
Surveys
be in the Title
of this Alt.
[ 456 ]
be paid immediately by the Treaſurer of the Na-
vy, to fuch Perfon or Perfons as fhall be appointed
by the faid Commiffioners for the Diſcovery of the
Longitude, to make fuch Survey, and determine füch
Longitude and Latitude, out of the Money that fhall
be in the Hands of fuch Treaſurer, unapplied, for the
Ufe of the Navy.
THE
THE
TABLE
5 W. &
M.C.21.
IO W.
Adminiftration to SE A-
P
MEN, &C.
ROBATE of Will, or
S. 6. 9&of Seamen, &c. dying in the
Letters of Adminiſtration,
III. C. King's Service, on a Certificate
25. S.44. and Oath, not to be charged
with Stamp Duties. 137. 159
Ecclefiaftical Court, &c. to
9 & 10
7.
170
Adminiftration to SE A-
MEN, &C.
granted by the Ordinary of the 4 Ann.
Dioceſe where they die; and C. 16.
the Wages fhall not be deemed
bona notabilia.
Admiral.
T
226
Admiralty.
S. 26.
HE Admiral or his De-13 Ri.
puty, to take Cogni-II. St. 1.
C. 5.
15 Ři.II.
C.
II.
3.
W. III. take only one Shilling for fu-
C. 41. S.ing forth Letters of Admini-zance only of Things done on
ftration to the Wife &c. of the Sea, and not upon the
Seaman dying in the King's Land.
7, 8, 9, 10.2 Hen.
Service, unleſs the Goods The Admiral fhall have IV. C.
amount to 20%.
Cognizance of the Death of a
Man, and of Maihem in great c. 3.
Ships, in the main Stream of
great Rivers, nigh the Sea, &c.
and not elſewhere in the faid
Rivers.
8
fhall
ib.
4 Ann.
C. 16.
S. 26.
Penalty.
ib.
Probate of Wills, or Letters
of Adminiſtration to Perfons
dying intitled to Wages in the
King's Yards or Docks, to be
Nnn
great. II.
The TABL E.
•
15 Ri.II.
C. 3.
2 Hen.
Admiral.
Admiralty. Admiral. Admiralty.
Shall have Power to arreſt
Ships in the great Flotes for the
great Voyages of the King and
the Realm ; and Jurifdiction
upon the ſaid Flotes, during the
faid Voyages.
9
The Statute of 13 Ri. II.
IV. C. St. 1. C. 5. confirmed.
II.
ib.
2 W. &
M.
Seff. 2.
C. 2.
And
as to a Pain to be ſet on the
Admiral, or his Lieutenant,
the Statute and Common Law
ſhall be holden againſt them. 10
Any fuing in the Admiralty-
Court contrary to the faid Sta-
tute, liable to an Action on the
Cafe at the Suit of the Party
grieved:--Shall pay Damages.--
And incur the Penalty of 10/
to the King.
ib.
miral.
a
Commiffioners of the Admi-
ralty to have and execute the
fame Powers as the Lord Ad-
135
The Act for the better Re-
C. 23. gulation of Attornies and Soli-
citors, fhall not extend to the
Affiftant to the Council of the
Admiralty.
2 Geo. II.
S. 28.
I Geo. I.
360
Lord Admiral, or Commiffi-
St. 2. C.oners of the Admiralty, or their
25. S. 9. Secretary, or the Principal Of
ficers of the Navy may admi-
nifter Oaths, relating to the re-
ceiving, keeping, &c. the King's
Treafüre, Stores, &c. or any
thing relating to the Navy or
the Affairs thereof.
276
And the Lord Admiral or 1 Geo. I.
Commiffioners of the Admiral- St. z. C.
ty may execute the Powers by 25. S.12.
1 Geo. I. St. 2. G. 25. given to
the Commiffioners and Princi-
pal Officers of the Navy. 278
Suits in the Admiralty for S. 17.
Seamen's Wages fhall be com-
menced within fix Years. 225
feme covert, non compos, &c. b.
Provifo, in cafe of Non-age, S. 18.
Action againſt Perfons be-S. 19.
in the faid Time after their Re-
yond Sea may be brought with-
turn.
ib.
teer. Safe Conduct.
See Ireland. Piracy. Priva-
Alamodes and Luftrings.
O
W. III.
C. 43.
S. 4.
FFICERS in the 9 & 10
King's Service taking on
board or importing Alamodes
or Luftrings incapacitated to
ferve the King, Sc.
17/1
Reward to Seamen, c.
making Diſcovery.
A
ib.
Appren-
ib.
The TABLE.
2 & 3
Ann. C.
6. S. 1.
ib.
ib.
APPRENTICES to Sea
P
APPRENTICES to Sea
Service.
to the Burthen of their Ships
(which fee) on Pain of 10% for
each.
219
S. 16.
Service.
ARISH-Boys may be
put out Apprentices to
the Sea Service, to Mafters of (But by 4 Ann. C. 19. S. 16. 4 Ann.
Ships, &c.
213 No Mafter fhall be bound to C. 19.
Boy's Age to be inferted in take a Boy under 13 Years old,
the Indenture.
215 c.)
228
Church - wardens fhall pay Mafters clearing out, to give 2 & 3
50 s. for fuch Boy's Cloathing, an Account to the Collector of Ann. C.
6. S. 9.
&c. and fhall be allowed it in the Port, of his Apprentices on
their Accounts..
215 board.
No fuch Apprentice to be
Impre impreffed 'till 18 Years old.
216
Apprentices Indentures to be
fent to the Collector of the
Port to which the Mafter be- Perfons voluntarily bindings. 15.
longs: Who fhall enter the themſelves Apprentices to the Impreff-
fame gratis, &c.
ib. Sea Service, not to be impreffed ing.
Penalty on Collector neglect- for 3 Years.
S. 4.
ing.
S. 5.
ib.
ib.
220
Every Cuftom-houſe Officers. 14.
fhall infert in the Cocket the
Number of Men and Boys on
board, with divers Particulars
(which fee).
ib.
ib.
II. C. 17.
ing.
217 (But by 4 Ann. C. 19. S.17.4 Ann.
Collector to tranfmit Certifi- they fhall not have fuch Ex-C. 19.
cates to the Lord_Admiral: emption, if before fuch Binding S. 17.
Protecti- Who fhall grant Protections they have been in any Sea Ser-13 Geo.
for fuch Apprentices gratis. ib. vice. And fee 13. Geo. II. C. 17.2
Pariſh-Boys bound Appren- S. 2.)
tices may be turned over to the
Sea Service.
ons.
S. 6.
ib.
221.ons.
228
Indentures to be regiftred, 2 & 3
ib. and Certificates tranfmitted, Ann. C.
6. S. 15.
Indentures of Affignment to and thereupon Protections Protecti
be regiſtred.
218 granted for 3 Years.
All fuch Apprentices 'till When Apprentices, eithers. 17.
Green- 18 Years old exempted from voluntary or other, are im-
Payment of 6 d. per menfem to
Hofpital. Greenwich Hofpital.
S. 7.
wich
S. 8.
ib.
preffed, or enter themſelves into
the King's Service; their Ma-
Mafters of Ships obliged to fters to have able Seamen's Pay
take fuch Apprentices according for them.
ib.
Nnn 2
But
The TABLE.
1 Gco.
APPRENTICES to Sed
Service.
But fhall have no Wages, if
11. St. 2. Apprentice above 18, at the
C. 14. Time of Binding
S. 9.
2 Geo.II.
C. 23.
S. 28.
13 Geo.
II. C. 4.
S. 15.
S. 16.
334
Armour. See Stores.
Arrack. See Customs.
Affiftant to the Council of
the Admiralty.
T
HE A&t for the better
Regulation of Attornies
and Solicitors, fhall not extend
to the Affiftant of the Council
of the Admiralty, &c.
3.60
BRANDY. See Customs.
Bullion.
No
Z
O Perſon ſhall ſhip molten 7 & 8
Silver or Bullion, with-W. III.
out Certificate and Oath, thats. 6.
it is foreign Bullion.
140
C. 19.
W. III.
But N. 9 & 10 W. III. C.9 & 10
28. as to exporting Watches, C. 28.
Swords, wrought Plate, &c. 160
Officer of the Cuftoms, or7 & 8
other Perſon, may feize fuch W. III.
C. 19.
Bullion.
142 S. 7.
Owner to forfeit double the
Value, Half to the King, Half
to the Seizer.
ib.
Maſter of the Ship, if belong ib.
ing to a Subject, to forfeit
200/. and if it be a Man of War,
>
Bounty-Money for taking, 2001. lofe his Employment, and
&c. Enemies Ships. be incapacitated.
B
PE
CABLES.
ib.
OUNTY-MONEY
according to fuch Rate
and in fuch Manner as in this
A&t mentioned (which fee) for
ERSONS making 35 El.
taking or deftroying Enemies. Cables of old Stuff, above C. 8.
Ships, fhall be paid by the 7 Inches, fhall forfeit four Times
Treaſurer of the Navy on Bills the Value: And tarring any ſuch
to be made out by the Commif- made of old Stuff, and being
fioners of the Navy.
under 7 Inches, and felling the
Captors to appoint Agents fame by Retail, fhall forfeit
to receive the Bounty-Money. treble the Value.
430
432
51
Civil and Marine Cauſes.
A
Sentence definitive in 8 EI. C.
Civil and Marine Caufes 5.
by Delegates appointed by
Com-
2 W &
M.
Seff. 2.
C. 2.
13 Car.
The T A BL
TABLE.
Civil and Marine Caufes.
Commiffion under the half
Seal ſhall be final.
Court Martial.
C. 9.
Art. 34.
And no Execution of Death 13 Car.
48 upon any of the Articles in this II. St.
Act (except for Mutiny) fhall
be without Leave of the Lord
Admiral, if within the narrow
Seas, or of the Commander in
Commerce prohibited. See
Spain.
Commiffioners of the Ad-
miralty.
II. St. I.
C. 9.
Art. 13.
13 Car.
T
HEY fhall have and
execute the fame Powers
as Lord Admiral.
135
Confervator of Truce, and
Safe-Conduct. See Safe-
II. St. I.
C. 9.
Art. 34.
ib.
T
Conduct.
CONVOY S..
HEIR Duty. 88
Penalty on Non-per-
formance.
ib.
For Convoys to Newfound-
land; See Newfoundland.
Cordage. See Cables.
L
Court Martial.
Chief, if done beyond the nar-
OR D Admiral may
grant Commiffions to
hold Courts Martial.
94
row Seas.
94
Judge Advocate of the Fleet, Art. 35.
or in his Abfence, the Court
Martial may adminifter Oath
for Trial of the faid Offences
mentioned in this Act. 95.
Where Death inflicted, the
faid Court not to confift of lefs
than five Captains, Admiral's
Lieutenant to be one.
ib.
This A&t fhall not give the Art. 36.
Lord Admiral, &c. any new
Power, Jurifdiction, &c. except
as to fuch of the faid OL
fences as fhall be done on the
main Sea, or &c. and by Per-
fons in actual Service and Pay.
S.
ib..
But N. By 6 Geo. I. C. 19.6 Geo. I.
4. Perfons committing any of C. 19.
the Offences in 13 Car. II. St. S. 4.
1. C. 9. on Shore, may be tried
and puniſhed, as if done on the
main Sea.
291.
Officers prefent at a Court 2 W. &
Martial by Commiffion from M.
Seff. 2.
the Admiralty, fhall take the C. 2. S.
Oath in this Act ſet forth. 136 4.
A
CRUISERS.
DMIRALTY to 7 & 8
appoint Ships and armed W. III.
Sloops to cruife, with Orders to C. 28.
feize
S. 14,
The TABLE.
10 & II
C. 10.
S. 16.
CRUISERS.
CRUISER s.
Parts. Lifts of which Ships and Geo.II.
feize Ships, &c. exporting
Wool, or carrying or bringing Sloops fhall be fent to the C. 21.
prohibited Goods, or fufpected Commiffioners of the Cuftoms, S. 1.
with Copies of their Inftructi-
Perfons.
158
Admiralty to appoint Cruif-
W. III. ing Ships with Orders to feize
Ships, Sc. exporting Wool for
foreign Parts: And to ſend a
Lift to the Commiffioners of
the Cuſtoms, with Copies of
their Inftructions.
180
S. 17.
1
ib.
S. 18.
All Wool, Ships, &c. feized
fhall be forfeited, lodged in the
King's Warehouſe, and, after
Condemnation, fold by Inch of
Candle.
181
Produce to be divided, one
Fourth to the Officers, one
Fourth to the Mariners, and one
Fourth to the Commander of the
Sloop, and the other Fourth to
the King, deducting thereout
the Charges, &c.
ons.
376
Commanders of fuch Ships S. 2.
and Sloops may fearch Veſſels,
and on finding the faid prohibit-
ed Commodities, and the Ma-
fter not producing a lawful
Cocquet, may carry the Ship,
Crew and Cargo into Port. 378
Veffel and Goods forfeited, S. 3.
and, after Condemnation, may
be fold on 21 Days Notice. ib.
General Iffue.
Cofts.
Trebles. 4.
379
Curfing and Swearing.
PE
C.
ENALTY and Pu-13 Car.
niſhment
on common II. St. 1.
fwearing.rt. 2.
83.138&6&7
ib. Seaman curfing or
Commander of Cruiſing Vef-
W. III.
C. 11.
Running of s. 1, 2.
Goods.
APTAINS, &c. of 13 & 14
CA
fel neglecting his Duty, &c.
fhall forfeit his Wages, fuffer fix Customs.
Months Impriſonment, and be
incapacitated to ferve in the
Navy.
182
5Geo.II. The Admiralty ſhall appoint
3 Ships, and 8 armed Sloops, to
cruise on the Coafts of Great-
Britain and Ireland, with Or-
ders to ſeize Veffels having on
board Woollen Manufactures in
this Act ſpecified, in order to be
exported from Ireland to foreign
C. 21.
S. I.
C. 11.
S. 3.
Men of War outward-Car. II.
bound from England fhall not
take in any Goods, nor, if in-
wards, fhall unload any fuch,
'till Entry made of them at the
Cuftom-houſe; on Pain of 100l.
And Men of War fhall be lia-
ble to Searches, &c. as Mer-
chant
The TABLE.
Cuftoms.
13 & 14 chant Ships.
Car. II.
C. II.
S. 3.
S. 4.
ib.
S. 5.
S. 6.
$. 32.
Running of Customs. -- Running of
-
Goods.
100
98
Refufing fuch Entries, Offi-
cer may go on board, and bring
on Shore all prohibited and un-
cuftomed Goods.
Power of Cuſtom-houſe Of
ficer to enter and ſearch all kind
of Ships.
ib.
Mafter fuffering Goods to be
unpacked, &c. and imbezelled
or carryed away, after the Ship
comes into her Port of Dif-
charge, to forfeit 100 /.
ΙΟΙ
Goods found concealed after
Clearing, Mafter, &c. to forfeit
100 /.
102
Penalty for beating and
abufing Cuſtom Officers. 104
Officers of the Admiralty,
Captains, &c. to be aiding to
Officers, &c. of the Cuftoms.
116
#3 & 14 Ships to come directly to
Car. II. their Ports of unlading: And
the Mafter, &c. to make true
Entries.
C. II.
S. 2.
S. 7.
ib.
Goods.
Warrant: Taking out Cocquet 13 & 14
and entring into Bond. 106 Car. II.
Certificates to be indorſed on
the Bonds.- Penalty.
97
No Goods Water-born, to be
landed but in the Prefence of
fome Officer of the Cuftoms.
Penalty. Boat, Barge, &c.
forfeited.- Penalty on Mafter,
Purfer, &c. and on Porter,
Waterman,&c.affifting. 105,&c.
No Goods to be carried from
one Port to another in England
or Wales without Sufferance or
107
C. 11.
S. 7.
Certificates:
Penalty for making falfe S. 8.
Counterfeiting
Cocquets. Cocquet, &c. in-
valid.
108
Penalty, where Goods are S. 9.
fecretly conveyed beyond Sea
uncuſtomed, and undiſcovered
by the Officers.
109
ed. Such Bill to contain the
Bill of Entry to be fubfcrib- S. 10.
Marks, Numbers, &c.
IIO
There ſhall be no Party-Ju-S. II.
ry in Suits, &c. concerning the
Cuftoms.
ib.
Allowances for Defects and S. 12.
Damages in Goods how to be
ib.
Penalty for fhipping lefs in ib.
Quantity than mentioned in the
Certificate.
made.
III
Penalty for relanding Goods ib,
fhipped by Certificate. ib.
for unlawful Importation or
None to feize Ships or Goods S. 15.
Exportation but Officers of the
Cuftoms, &c.
ib.
employed, about the Customs,
In any Suit againſt Perfons S. 16.
the Defendant may plead the
General Iffue; and give this or
other Acts relating to the Cu-
ftoms, or Navigation, in Evi-
dence.
The TABLE.
13 & 14
Car. II.
S. 17.
S. 18.
S. 19.
Cuftoms.
dence.
Running of Customs.
Goods.
I12
Running of
Goods.
Rum imported in Casks un-Rum.
der 20 Gallons (unleſs for the 5 Geo. I.
Ufe of the Seamen on board)
forfeited.
C. 11.
284
Foreign Goods taken in atS. 3.
Sea by any Collier, &c. or
other Coafting Veffel, to be
landed, or put on board any
other Veffel without Payment
of the Duties, forfeited: And the
Mafter to forfeit treble the
ib. Value; unleſs in cafe of Ne-
285
Goods not reported, and S. 4.
found after Clearing, forfeited.
Where Seizer or Informer
C. 11. fhall not profecute with Effect,
Officer of the Cuftoms may fue.
113
Compofition not to be for lefs
than one Third of the appraiſed
Value.
114
Penalty on Cuftom Officer
taking Bribe, or guilty of Con-
nivance And on Merchant,
&c. bribing.
Perfons revealing their Ofceffity.
fence within two Months, to be
acquited.
115
Foreign Goods where to be
landed, and how weighed and
number'd. Penalty. ib.
S. 20.
S. 21.
S. 22.
7
& 8
Veffels for carrying Letters,
not to import or export Mer-
chandize. Penalty. 116
This Act (of 13 & 14 Car.
W. III. II. C. 11.) is by 7 & 8 W. III.
C. 22. S. 6. extended to the
Plantations in Afia, Africa, and
America.
146
C. 22.
S. 6.
ib.
S. 7.
Penalty on Wharfingers,
Bargemen, &c. affifting in con-
veying, concealing, or refcuing
147
the faid Goods.
Forfeitures may be recover'd
in the Admiralty Courts, held
in the reſpective Plantations,
&c. And how divided. 148
See Plantations. Plantation-
Trade. Plantation - Bonds.
286
S. 8.
Ships of 50 Tons or under, Ships ho-
hovering on the Coafts of this vering.
Kingdom, Officers of the Cu-
ftoms may enter and take an
Account of the Lading, and
demand Security by Bond in
treble the Value of the Goods.
287
Maſter, &c. refuſing to enter ib.
into fuch Bond, or, after having
fo done, not proceeding on his
Voyage; the foreign Goods
may be taken out of the Ship,
and fecured, and the Cuftoms
paid: And Wool or prohibited Wool.
Goods forfeited.
288
After fuch Goods are brought S. 9.
on Shore, the Bond ſhall be de-
liver'd up.
289
How Bonds not otherwife ib.
diſcharged fhall be vacated. ib.
Half
The T A BLE.
Cuftoms.
Running of Customs.
Running of
Goods.
Goods.
21.
S. 32.
5 Geo. I. Half the Forfeitures to be to Maſter, &c. fuffering Brandy 6.Geo.I.
the King, Half to the Profecu- or uncuftomed or prohibited C.
tor, &c.
290 Goods to be put out of his Ship, Brandy.
C. II.
S. 27.
Brandy.
C. 21.
S. 29.
297
By 6 Geo. I. C. 21. S. 29. If or Wool, &c. to be taken in Wool.
Arrack. any foreign Brandy, Arrack, from the Shore, fhall, befides
Rum. Rum, Strong-Waters, or Spi- former Penalties, fuffer fix
Strong-
Waters. rits of any Kind, fhall be im- Months Impriſonment.
Spirits. ported into this Kingdom in any
6 Geo. I. Veffel of or under 30 (and by 8
Geo. I. C. 18. S. 1. (fee p. 305)
8 Geo. I. of or under 40) Tons (except
C. 18. for the Ufe of the Seamen on
board not exceeding a Gallon
for each Seaman) every fuch
Ship, &c. and all fuch Brandy,
&c. fhall be forfeited, and feiz-
ed by the Officers of the Cu- have 40 l. for each, and acquit-
ſtoms, Half to the King, Half ted.
to the Seizer, &c.
S. I.
6 Geo. I.
C. 21.
S. 30.
S. 2.
12 Geo.
S. 14.
Eight or more hindring, S. 34,35.
wounding, &c. Officers of the
Cuftoms in the Execution of
their Office, to be tranſported:
And returning into Great Bri-
tain or Ireland, Felony. 297
Offender before Conviction S. 36.
difcovering two of his Accom-
plices within two Months, to
299
293 Other Perfons difcovering, S. 37,38.
to have 40. over and above
any other Reward; to be paid
by the Caſhier of the Cuftoms.
After Seizure and Condem-
nation the Ships ſhall be broke
up and fold.
294
8 Geo. I. And by 8 Geo. I. C. 18. S. 2.
C. 18. the Hull fhall be burnt. 307
N. By 12 Geo. I. C. 28. S. 14.
I. C. 28. fuch Ship, &c. may be uſed by
the Officers of the Cuſtoms, &c.
323
Ships ho- Ships of the Burthen of fifty
vering. Tons, or under, hovering within
6 Geo. I.
2 Leagues of the Shore, Com-
manders of Men of War, &c. or
Officers of the Cuftoms, may
compel them to come into Port.
295
C. 21.
S. 31.
\
ib.
Offences relating to the Cu-S. 44.
ftoms, where to be tried. 300
Ireland.
Ships of 50 Tons or under, Ships ho-
hovering on the Coafts of Ire-vering.
land within two Leagues of the 6 Geo. I.
Shore, Officers may enter them, C. 21.
and take an Account of theirS. 62.
Lading: And take Security of
the Mafters by Bond in treble
the Value of the Goods on
board, for proceeding regularly
on their Voyage.
000
301
Maſter
The T A BLE.
6 Geo. I.
S. 62.
Running of Customs.
Customs.
Goods.
Running of
Goods.
Maſter refuſing to give fuch Writing, and granted gratis.8 Geo. I.
C. 21. Bond, or, having given it, not
departing in 20 Days, Officers
of the Cuftoms may fecure all
the Goods, &c.
Wool.
ib.
S. 63.
ib.
S. 65.
S. 66.
8 Geo. I.
C. 18.
S. 3.
ib.
ib.
12 Geo.
I.
S. 14.
forfeited.
30/2
Wool and prohibited Goods
ib.
On Landing Goods, Bond
void, and fhall be delivered up.
303
Bonds not otherwife dif-
charged, how to be vacated. ib.
None may claim Property in
any Seizure in Ireland, 'till they
have given Security.
General Iffue.
Penalties how to be profecut-S. 23.
ed and divided.
S. I.
309 C. 18.
ib.
Perfons having incurred any 9Geo. II.
Penalty before the 27th ofC. 35.
April 1736, by clandeftine
Running of Goods, &c. making
falfe Entry of Goods, or abufing
Officers, &c. Indemnified. 383
Officers are difcharged and S. 4.
fhall recover Cofts againſt
Perfons claiming the Benefit of
this Act, and yet afterwards.
profecuting them.
385
304
ib. Perfons who take the BenefitS. 5-
Boats, &c. rowing with more of this Act, and are afterwards
than four Oars above or below guilty of the like Offences,
London-Bridge, &c. forfeited, liable to be profecuted for both
and fhall be feized by the Of- former and new Offence, and
ficers of the Cuſtoms.
for fmuggling Bonds, &c. 386
307
Owner, &c. to forfeit 40 /
308
Boat, &c. after Condemnati-
on, to be burnt.
ib.
&c.
Veffels arriving from foreign S. 22.
Parts with 6 Pounds of Tea on Tea,
board, or Brandy, &c. in Casks Brandy,
under 60 Gallons (except for
(But N. By 12 Geo. I. C. the Uſe of the Seamen on board,
1. C. 28. 28. S. 14. the Boat, &c. may not exceeding two Gallons for
be uſed by the Officers of the each Seaman) and found hover-Ships ho-
Cuftoms.)
323 ing within two Leagues of the vering.
This A&t. of 8 Geo. I. C. 18. Shore; all fuch Goods, with
not to extend to any Barge, &c. the Package, fhall be forfeited,
belonging to the Royal Family, and may be feized by the Offi-
or in the Service of any Mer-cers of the Cuftoms, &c.
chant Ship, or fuch Boats, &c. Foreign Goods taken in orS. 23.
as are licenſed by the Admiral- put out of any Veffel within
ty;
which Licences ſhall be in four Leagues of the English
8 Geo. I.
C. 18.
$. 4.
387
Coafts,
The TABLE.
35.
Cuftoms.
Running of Customs.
Goods.
Geo. Coafts, without Payment of the
II. C.
Cuſtoms, unleſs in cafe of ap-
parent Neceffity, fhall be for-
feited, and the Mafter, &c. or
others concerned fhall forfeit
treble the Value, and the Ship
into which the fame fhall be
unſhipt, or taken in, if it do not
exceed the Burthen of 100 Tons,
alſo forfeited.
S. 24.
S. 25.
S. 27.
$. 28.
S. 29.
ib.
388
Running of
Goods.
In Trials of Seizures, Judges 9 Geo.
to proceed to the Trial of the II. C.
Merits of the Caufe, without 35-
§. 34·
inquiring into the Fact or Form
of the Seizure.
General Iffue.
Cofts.
394
Treble S. 37.
395
See more under Title Wool.
Fifty Pounds Penalty for Defending Ships. See Ma-
riners. Greenwich Hof-
offering to bribe an Officer of
the Cuſtoms to Connivance.
389
pital.
Forfeitures how to be reco- Delegates. See Civil and
3.90 Marine Caufes.
vered and diftributed.
All Goods found concealed
See Ships.
after the Mafter hath made his Deftroying Ships wilfully.
Report at the Cuftom-houſe,
forfeited: And the Maſter fhall
forfeit treble the Value.
391
Perfons forcibly obftructing
or wounding Officers on board
in the Execution of their Of
fice, to be tranſported for feven
Years, as other Felons; and
returning ſhall be executed as
Felons.
ib.
Officers of the Cuftoms may
go on board Coafting Veffels
and ſearch for prohibited Goods,
and continue on board during
the Veffel's Stay in the Port.
393
DISTURBANCES in
the Yards, &c.
T
I
REASURER, 1 Geo. I.
Commiffioners, &c. of St. 2. C.
the Navy are impowered to
25. S. 1.
puniſh Perfons making Diſtur-
bances in the Yards, &c. at Pay-
Days, or on other Occafions
relating to the Naval Services,
as in the Act mentioned. 266
May bind Offenders to the S. 2.
good Behaviour.
269
The Lord Admiral or Com-S. 12.
Penalty of 100/. for obftruct- miffioners of the Admiralty
ing fuch Officer therein. ib. may execute the Powers by
0002
this
The TABLE.
9 Ann.
C. 21.
S. 54.
9 & 10
W. III.
S. 3.
DISTURBANCES in
the Yards, &c.
this A&t given to the Commif-
fioners and Principal Officers of
the Navy.
EMBARGO.
No
278
O Embargo fhall detain
the South Sea Company's
Ships, unleſs particularly men-
tioned.
239
Fullers - Earth. Fulling-
Clay.
See Wool.
GALLEONS.
PRI
RIZES of Galleons, &c.13. Geo.
not to be adjudged in the II. C. 4.
American Courts of Admiralty.
Greenland Fishery.
433
S. 17-
NY of the King's Sub-1 Ann.
Fishermen. Fishing. See A jects may use the Green-St.
Impreffing. Newfoundland.
Ireland.
Forging Seaman'sWill, &c.
P
uſe 1.
land Fishery, and fhall enjoy C. 16.
all the Privileges before enjoyed
by the Greenland Company.
209, &c.
Ships navigated by one Third ib.
ERSONATING English.
Seaman in the King's Ser-
210
Harponeer, or other Foreign-S. 2.
S. 5.
C. 41. vice, or forging Letter of Attor-ers permitted to carry on the 13 Geo.
ney, Will, &c. of fuch Seaman, Greenland Fiſhery, fhall not be II. C.28.
in order to receive his Pay, &c. impreffed.
211, 448
forfeit 200% above the Penal-
ties already by Law inflicted,
and impriſoned 'till Payment.
25.
166
1 Geo. I. This Clanfe is explained and
St. 2. C. enforced by 1 Geo. I. St.. 2. C.
25. S. 7.
274
And by the fame A&t S. 8.
the Penalties may be mitigated.
276
S.7.
$. 8.
Greenwich Hofpital.
A
C. 21.
LE Seamen as well in the 7 & 8
Ships, fhall pay 6 d. per men-s. 10.
King's Ships, as other W. III.
fem out of their Wages, to
Greenwich Hoſpital; to be col-
lected by the Officers, and ac-
cording to the Rules appointed
by the Lord Admiral, &c. 143
Lord Admiral or Commiffi-2
oners of the Admiralty, are im-
powered
& 3
Ann. C.
6. S. 19.
The TABLE.
2&3
6.
Greenwich Hofpital.
powered to appoint any dif
Ann. Cabled Seamen, their Wives and
Children, or Widows, to be
maintained in Greenwich Hof-
pital, as they ſhall think fit.
S. 70
10 Ann.
S. I.
S. 2.
222
Greenwich Hofpital.
1
C. 17.
S. 4.
And their Power to ftop 10 Ann,
Ships attempting to go on new
Voyage without having paid the
Duty for the preceding. 246,248
No Contracts by Seamen S. 6.
fhall obftruct the Payment of
the Duty.
249
Publick Act. General Iffue:S. 7.
Treble Cofts.
250
Seaman producing a Certifi-S. 20.
cate of his having been wound-
ed, &c. in defending an English Defend-
Ship againſt Enemies, or taking ing Ships.
any from the Enemy, and there-
by difabled, fhall be confider-
ed as qualified for Admiffion
into Greenwich Hofpital. ib.
Apprentices to the Sea Ser-
vice are 'till 18 Years old ex-
empted from Payment of 6 d.
per menfem to Greenwich Hof-
pital.
218
The 6 d. per menfem fhall be
C. 17. paid out of the Wages of every
Seaman by the Mafter, &c: (ex-
cept as in 2 & 3 Ann. C. 6. S. 7.
(fee p. 218) is excepted). 243
The Mafter may deduct the
fame out of the Wages, &c. and
pay it to the Receiver to be
appointed by the Admiralty.
245
Admiralty may appoint Re-
ceivers of the faid Duty, who
may depute the Collectors or
other Officers of the Cuftoms,
&c. to receive the faid Duty:
And Admiralty may make
them a proper Allowance. ib.
Power of Receivers or their
Deputies to fummon and ex-
amine Mafters of private Ships,
or (in their Abſence) the Own-
246
Penalty on them refuſing to
appear and be examined on
Oath, or (if Quaker, on his)
Affirmation.
S. 3.
S. 4.
S. 4, 5.
ers.
ib.. 248
8
C. 24
Seamen maimed in Fight Pirates.
againft Pirates, fhall receive the & Geo. I.
Rewards in 22 & 23 Car. II.S. 5.
C. 11. and be admitted into
Greenwich Hofpital preferably
to any diſabled by Age.
314
C. 7.
S. I.
ל
The Duty of 6 d. per menfem 2Geo. II,
fhall be paid by all Veffels be-
longing to Jerſey, Guernsey, &c.
and to the Colonies, &c. in
America, (except as in 2 & 3
Ann. C. 5. (ſee p. 218. is
excepted).
341
Receivers of the faid Duty,
to appoint Collectors in the
Ports of the faid Iflands and
Colonies, &c.
345
4
Collectors may fummon and S. 3.
examine Mafters, &c. on Oath.
346
(And
The TABLE.
Greenwich Hofpital.
2 Geo.II. (And being Quakers, on
C. 7.
S. 8.
S. 3.
S. 4.
S. 5.
S. 6.
S. 7
S. 8.
Greenwich Hofpital.
Penalties 2Geo.II.
S. 9.
Forfeitures and
355
how to be fued for.
356 C. 7.
General Iffue.
Treble s
346
Cofts.
S. io.
357
Affirmation.
Mafters, &c. refufing, fhall
forfeit 20 /.
Traders from the faid Iſlands
For Forfeitures to Green-
or Colonies to Great-Britain, wich Hofpital, &c. See Mari-
&c. to pay in Great-Britain, ners. Moorings. Men of War.
&c. fuch Part of the Duty as
ſhall be due at their Arrival Gunners. See Mariners.
here; and the other Part at
their Return: And Traders
from Great Britain, &c. to
pay only here.
-
347
HARPONE E R.
H
St. I.
ARPONEER ori Ann.
Mafters of Merchant Ships
other Foreigners per-C. 16.
hired by the Commiffioners of mitted to carry on the Green-s. 2.
the Navy, &c. may be ex-land Fishery, fhall not be im-13 Geo.
amined by the Receivers. On preffed.
Refufal to be examined, forfeit
20%.
348
Secretaries of the Publick
Offices, to give in a Lift of
Ships employed in their Service:
And the Treafurers of fuch
Publick Offices fhall pay no
Wages to any Mafter of fuch
Ship fo hired, 'till he produce
an Acquittance from the Re-
ceiver; on Pain of 20 /
350
Mafters, &c. fhall pay the
faid Duty before they are
cleared inwards by the Cuſtom-
Houſe; on Penalty of 20. on
Maſters, Cuſtomers, &c. 353
Falfe Affirmation or Oath
liable to the like Puniſhment as
wilful Perjury.
355
Hovering Ships.
Cufoms.
211,448 IÏ. C.28.
See
Ireland. See New-
foundland.
Infurance Offices.
W
S. 5.
ATERMEN be-6 Ann.
longing to the Infu- C. 31.
rance Offices, free from impreff-S. 2.
ing, not exceeding 30 to each;
their Names being regiftred in
the Admiralty Office.
234
Impreffing.
The TABLE.
2&3
Ph.&M.
C. 16.
Fisher-
men.
5 El.
C. 5.
S. 41.
$. 43.
1 Ann.
St. I.
C. 16.
S. 2.
IMPRESSING.
fice.
IMPRESSING.
preffing, not exceeding 30 to
ERSONS ufing Row-each; their Names being re-
ing between Gravesend giftred in the Admiralty Of
and Windfor, who fhall with-
draw in the Time of Preffing
by Commiffion, and fhall after
wards return to row there, fhall
be impriſoned for 2 Weeks, and
baniſhed from rowing on the
Thames for a Year and a Day.
45
Mariners and Fiſhermen fhall
not be compelled to ferve as
Soldiers, but in fome fpecial
Cafes, there ſpecified. 46
Fiſhermen fhall not be taken
Ann.
234
The Court of Affiftants of Fisher-
the Fiſhermens Company ſhall men.
fummon the Fiſhermen, and
C. 26.
caufe their Names to be regi-
ftered, &c. and Marks to be
fet on their Boats, &c. and eve-
ry Perfon fummoned, and re-
fufing to appear, in order to be
entred and ferve on board the
Navy, fhall be fent on board,
and difabled for 2 Years.
240
Geo.
Perfons exempted from being 13
by Commiffion to ferve the impreffed: All Perfons eighty II. C.17.
King as a Mariner; but that the Years old; all Foreigners ferv-
faid Commiffion be firft brought ing on board any Merchant or
to two Juftices to chooſe out trading Ship, or Privateer, be-
and return fuch Number of able longing to the Subjects of
Men as in the Commiffion con- Great-Britain.
tained.
13 Geo. impreffed.
II. C.28.
S. 5.
47
Binding.
437
All Perfons uſing the Sea, S. z.
Harponeer or other Foreign- exempted for 2 Years from his
ers permitted to carry on the firft going to Sea; and all not
Greenland Fishery, fhall not be having before uſed the Sea, who
211, 448 fhall bind themſelves Apprenti- -
Watermen, &c. fummoned ces to ferve at Sea, exempted
by the Rulers of the Water- for 3 Years, from the Time of
Water- men's Company (upon Notice
to them from the Admiralty)
to ferve on board the Fleet, and
not appearing, fhall be impri-
foned for a Month, and difabled
for 2 Years, &c.
229
Watermen belonging to the
C. 31. Infurance Offices, free from im-
men.
4
Ann.
C. 19.
S. 18.
6 Ann.
S. 2.
438
And the Admiralty to grant S. 3.
Protections accordingly, gratis. Protec-
ib tions.
See further, Apprentices to ·
the Sea Service.
Ireland.
The TABLE.
Admiral.
2&3
Ed. VI.
C. 6.
S. 3.
T
IRELAN D..
HE Admiral or his Of
any
ficers fhall not exact
Money, &c. from Merchants or
Fiſhermen ufing Trade or Fish-
ing to Newfoundland, Iceland,
or Ireland, for paffing to the
faid Places, or on account of
their faid Voyages.
<Geo.II.
C. 18.
S. 6.
41
Such Officers to forfeit for
the first Offence treble the
Value fo exacted: And for the
ſecond Offence to lofe their
Offices, and be fined.
43
See more, under Customs.
Wool.
1 Geo.II.
St. 2.
Juftices of the Peace.
TH
HE A&t for Qualificati-
on of Juftices of the
Peace fhall not extend to inca-
pacitate the Commiffioners or
Letter of Attorney.
S. 3.
Perfonating Seaman in the 9 & 10
King's Service, or forging Let-W. III.
ter of Attorney, Will, &c. of C. 41.
fuch Seaman, in order to receive
their Pay, &c. forfeit 200 l.
above the Penalties already in-
flicted by Law, and imprifoned
'till Payment.
166
Ι
This Clauſe is explained and I Geo. I.
enforced by 1 Geo. I. St 2 C.St. 2.
C. 25.
25. S. 7.
2745.7.
And by the fame Act S. 8.5.
the Penalties may be mitigated.
S. 8.
276
No Will of any Seaman con-9 & 10
tained in the fame Inftrument W. III.
with a Letter of Attorney, s. 6.
fhall be good.
169
Letters of Marque and
Reprizal.
OW
C. 41.
Principal Officer of the Navy, How to be obtained, and 4 Hen.-7.
&c.
by whom granted, againſt V. C. 7.
374 the Breakers of Truce. 18
King's Moorings. See
Moorings.
Letter of Attorney.
N
O Letter of Attorney
made by any Seaman,
C. 14. good; unleſs made revocable,
and figned by the Captain, &c.
S. 10.
335
LIGHTHOUSE.
SH
S. 7.
HIPS of War not charge- 3Geo.II.
able with the Duties for C. 36.
Maintenance of the Lighthouſe
on the Rock Skerries, &c. 370
Longitude.
The TABLE.
12 Ann.
St. 2.
C. 15.
LONGITUDE.
W
Mariners and Seamen.
Gunners or Mariners mufter-
24, 46
HO fhall be Commif- ing and receiving Wages, to
fioners for diſcovering depart from his Captain, or re-
the Longitude. Their Power turn from beyond Sea within
to order Money to be laid out his Term, without Licence.
in making Experiments (fee as
14 Geo. to this 14 Geo. II. C. 39.), and
II. C.39. to appoint the Payment of the
Reward; and how the fame is
to be paid by the Treaſurer of
the Navy.
253, 453
2 Ri. II.
St. I.
C. 4.
ib.
18 Hen.
Luftrings. See Alamodes.
Maibem. See Admiral.
Marine Caufes. See Civil
and Marine Caufes.
Mariners and Seamen.
L
And Chief Officers of Ports, 18 Hen.
&c. fhall arreft Soldiers fo re- VI. C.
turning from beyond Sea, and 19.
detain them 'till the Caufe of
their Return be tried.
25
Juftices of Peace have Power ib.
to inquire of, hear and deter-
mine the faid Offences.
ib.
Mariners and Fiſhermen fhall5 El. C.
not be compelled to ferve as 5. S. 41.
Soldiers, but in fome fpecial
Cafes there fpecified.
46
Idle and wandring Soldiers Vagrant.
and Mariners fhall betake them- 39 El.
felves to Work, on Pain of be-C. 17.
ing reputed Felons without
Benefit of Clergy.
53,54
S. I, 2.
EAVING the Service
without Leave of the
Admiral or his Lieutenant, af-
ter having been taken and re-diers and Mariners not having
tained, and received Wages, to a Teftimonial from a Juſtice, or
reſtore double of what they exceeding the Time therein
ſhall have received, and be im- limitted, or counterfeiting fuch
prifoned.
Teftimonial, or having fuch,
knowing it to be counterfeit,
fhall fuffer as Felons without
Clergy.
Such idle and wandring Sol-s. 3.
5
The fame Penalty on Ser-
jeants, Maſter of Ships, &c.
who fhall take any thing of
them to let them go out of the
faid Service.
6.
It is Felony for a Soldier, and
VI. C. (by force of 5 El. C. 5. S. 27.
which extends it to them) for
19.
5 El.
C. 5.
54
Juftices of Affize, Goal De-s.
livery, and Peace, may try fuch
Offenders, and execute them,
unleſs fome fufficient Perfon
fhall take them into Service as
Ppp
in
4.
The TA BL E.
El.
39 El.
ပ
C. 17.
S. 5.
Relief.
S. 6.
S. 7.
S. 8.
Mariners and Seamen.
in this Section mentioned. 55
Provifo, as to fuch as fall fick
by the way.
56
And where they cannot get
Work.
ib.
In which Caſe two Juftices
fhall tax the Hundred for their
Relief.
ib.
Such Soldier or Mariner li-
cenſed, may ask and take Re-
lief.
57
13 Geo.
This Act fhall not work
Corruption of Blood. ib.
Mariners or Soldiers having
II. C.24. a proper Certificate, are not
within the Vagrant Act of 13
Geo. II. C. 24.
439
S. 3.
Relief.
43 El.
€. 3.
S. 3.
ib..
S. 4.
S..5.
$.6.
S..7.
Mariners and Seamen.
C. 3.
S. 8.
To what Treaſurer fuch 43 El.
maimed or diſabled Soldier or
Mariner fhall repair for Relief.
What Certificates and from
whom, they fhall have. And
by whom to be allowed. 62
Every Pariſh ſhall be charg-
ed with a Weekly Sum towards
the Relief of maimed and dif-
abled Mariners and Soldiers. 59
What fuch Taxation fhall be
The Treaſurer to affign Re- ib.
lief 'till the next Quarter Seffi-
ons: When the Juftices fhall
make Order therein, how
much they fhall allow to each
common Soldier or Mariner;
and how much to an Officer..
63
They may revoke or alter S. 9.
the Relief.
64
Treefurer's Power whereS. 10.
fuch Soldiers or Mariners ar-
rive far from the Place where
they are to receive Relief, and
their Certificate not allowed. ib.
ib.
The Penalty for refufing to
60
pay the Money taxed.
Churchwardens and Petty
Conftables fhall collect the
Money taxed, and pay it over
to the High Conftables: Who
fhall pay it over to the Treafu-
rer. Treaſurer fhall account. ib.
Penalty on Churchwardens
and Conftables failing fo to pay.
61
And on Treaſurer failing to
account, or neglecting his Du-
ty..
ib..
Treaſurers to keep a BookS. 1L
of Computation, and Regifter.
65
Mufter-Maſters to keep a ib.
ib.
Book of Certificates.
Penalty on Treaſurer refu-S. 12.
ib.
fing to give Relief.
Such Soldier or Mariner Vagrant.
taken begging, or counterfeit-S. 13.
ing a Certificate, to forfeit his
Penfion, and to be puniſhed as
a common Rogue or Vagabond.
66
How the furpluſage Money S. 14.
fhall be beftowed..
ib.
Chief
R
43 El.
C. 3.
S. 15.
S. 16.
ib.
S. 19.
Settle-
ment.
W &
3
M.
C. 11.
S. 4.
13 Car.
The TAB L E.
BLE.
Mariners and Seamen. Mariners and Seamen.
Ann.
C. 19.
Chief Officers of Corporate C. II. and be admitted into Wages.
Towns fhall execute this A&t Greenwich Hofpital, preferably 4
ib. to any diſabled by Age. 314S. 10.
there.
How the Forfeitures fhall All Monies granted on the Maimed.
Head of the Seamen's Wages, 8 Geo. I.
fhall be applied regularly to C. 24.
S. 5.
thofe Services.
325 Pirates.
be employed.
The Method to be obferved Green-
in paying Seamen's Wages. 326 wich
Computation of the Month Hoſpital.
for the Purpoſe of paying Sea-Payment
men's Wages, fhall be 28 Days of Wages.
I Geʊ.
to the Month.
328II. St. 2.
67
Out of what County refpec-
tively_Relief ſhall be had. 68
A Provifion, if the Rate be
not fufficient in London. ib.
No Mariner, &c. in the
King's Service, fhall gain a Set-
tlement by virtue of Notice ac-
cording to 3 W. & M. C. 11.
before Difmiffion from the Ser-
vice.
137
Penalty on common Seaman,
II. St. 1. &c. fwearing or curfing. 83,138
Perfonating Seaman in the
Curfing. King's Service, or forging Let-
And 6 ter of Attorney, Will, &c. of
fuch Seaman, in order to re-
ceive their Pay, &c. fhall forfeit
S. 1, 2. 200/. above the Penalties al-
9 & 10 ready inflicted by Law, and be
W. III. impriſoned 'till Payment. 166
This Claufe is explained and
S. 3.
Perfo-
enforced by 1 Geo. I. St. 2. C.
nating. 25. S. 7.
274
Forging And by the fame Act (S. 8.)
Letter of the Penalties may be mitigated.
Attorney:
C. 9.
Art. 2.
& 7:
W. III.
C. II.
C. 41.
Will.
276
I Geo. I. How Seamen turned over
from one Ship to another fhall
St. 2.
S. 7.
S. 8.
When the Pay - Books are C. 9.
clofed, Seamen who have notS. 6.
received their Pay, fhall have ib.
Tickets made out to them, tos. 7.
the Value of their Pay.
C. 25. be paid.
227
Seamen maimed in Fight
Turning againft Pirates fhall receive the
Rewards in 22 & 23 Car. II.
over.
1 Geo.II.
335 St. 2.
No Perfon in Sea Pay defert-C. 14.
ing fhall forfeit more than was S. 11.
due to him in the Ship from Defert-
which he deferted: And no
noing.
Pay.
Ticket made out, fhall be for-
feited or ſtopt on that Account.
332
S. 5.
Nothing in this Act ſhall al-S. 6.
ter the Puniſhment by 13 Car.
II. St. 1. C. 9. appointed for
Deſerters.
S. 8.
ib.
Bargains for Seamen's Pay Bargains
fhall be void.
ib.for Pay.
Provifo, This fhall not dif-S. 7.
charge any Seamen's Debts, or
make void the Sale of any
Ticket.
333
This A&t fhall not make void S.
9.
any Indenture, whereby any
Ppp 2
Mafter
The TABLE.
St. z.
C. 14.
Mariners and Seamen.
1 Geo.II. Mafter is intitled to his Appren-
tice's Wages; fo as at the Time
of Binding, he were not above
18 Years of Age; but if he
were, no Wages fhall be paid
by the Treaſurer of the Navy.
S. 10.
&c.
S. 12.
334
Letter of No Letter of Attorney made
Attorney. by any Seaman, good; unlefs
made revocable, and fign'd by
the Captain, &c.
335
Ship- Confuls, &c. in foreign Parts,
wreck'd, to provide for Sea-faring Men
driven to their Coafts. Com-
miffioners of the Navy, to pay
the Charges. Confuls to fend
home fuch Sea-faring Men by
the firft Ships.
336
Maſters to have 6 d. per diem
for the Paffage, &c. of fuch
Seamen.
Nothing in this Act fhall
take away other Advantages
provided for Seamen. 338
S. 1.3.
S. 14.
Suits.
S. 15.
1.4 Geo.
337
Mariners and Seamen.
C. 14.
making his perfonal Appear-1 Geo. I
ance on board, &c. fhall be inti-St. 2.
tled to Wages from the Date of Wages.
his Certificate, and be allowed
Conduct - Money and two
Months Wages.
No Seaman ſhall be liable to
be taken out of his Majefty's
Service (except for fome crimi-
nal Matter) unless the Debt,
&c. amounts to 20 / ib.
(This by 14 Geo. II. C. 38.
II. C.38. S. 3. is extended to Ireland. 451
The Plaintiff may enter a
Common Appearance, and pro-
ceed to Judgment, &c. 340
Voluntier entring his Name
with an Officer of the Fleet to
ferve on board any Ship, and
1 Geo.II.
St. 2.
C. 14.
S. 16.
Volun-
tier.
S. I.
329
Inferior Officer or Seaman S. 2.
dying, Commander to make
out a Ticket for his Pay, and
tranfmit the fame : Which
fhall be forthwith paid. 330
Voluntier turn'd over to Turn'd:
another Ship, fhall not ſerve in over.
a worfe Quality, than in the S. 3.
former Ship, and fhall receive
two Months Pay Advance,
above his Wages then due. 331
over.
The Removal of the whole S. 4.
Crew into another Ship, fhall
not be conftrued a Turning
331
Able Seamen entring volun-14 Geo.
tarily on board the Fleet fhall II. C.38.
have a Bounty of 5. and or-
dinary Seamen 3 . above their
Wages.
S. I.
449
Widows of Seamen entring S. 2.
voluntarily, and killed in the
King's Service, fhall on produc-
ing a proper Certificate to the
Commiffioners of the Navy,
receive a Year's Pay as Boun-
ty.
450
Foreign Seamen ferving on Foreign
board Men of War, or Mer-Seamen.
chant Ships 2 Years during the 13 Geo.
prefent War, to be deemed
natural-
II. C. 3×
S. 2.
The TABLE.
II. C. 3
S. 3.
Mariners and Seamen.
&c.
r3 Geo. natural-born Subjects. 414
Provifo, Not to be thereby
made capable of Place of Truft,
415
The fame may be practifed
in any future War, on the
King's Proclamation for that
Purpoſe.
ib.
S. 4.
Seamen
in Mer-
chants
No Mafter of Ship to pro-
ceed on his Voyage without
Service. agreeing with the Mariners for
2 Geo.II. Wages, his Apprentices except-
€.
C. 36. ed, on Forfeiture of 5.4. for
each Mariner.
S. I.
S. 2.
S. 3-
S. 4.
361
Mariners fhall fign fuch
Agreement.
364
1
Mariners and Seamen.
to be verified by Oath; all 2 Geo.II.
which (except as herein menti-
36.
oned) fhall be paid and applied wich
to the Ufe of Greenwich Hof- Hofpital.
pital.
368
Such Forfeitures fhall be S. 10.
paid to the Hofpital within
three Months..
Publick Act.
369
ib.S. II..
Provifo, This A&t fhall notS. 13. -
debar Seamen from entring into
the King's Service.
370
See more under Navy. Dif
turbances in the Tards. Ships.
Mediterranean Paffes.
COM
C. 18.
•
Penalty on Mariners defert-
ing, or refuſing to proceed on
the Voyage after figning fuch
Agreement.
ib.
Juftices of Peace may commit
fuch Deſerters to the Houſe of Theſe Crimes committed S. 2.
Correction.
365 within his Majefty's Domini-
(OUNTERFEITING 4Geo.II.
Mediterranean Paffes, iss. 1.
Felony without Benefit of
Clergy.
Penalty on Mariners abfent-
S. 5.
ing without Leave.
S. 6.
before diſcharged.
S. 7.
S. 8.
S. 9.
}
37I.
ons, or without, may be tried
b. in any County of Great-Bri-
Penalty for leaving the Ship, tain, or before any Court of
366 Jufticiary in Scotland.
Mafters to pay the Mariners
their Wages in 30 Days after
coming home.
ib.
In cafe of Suit for Wages,
the Mafter fhall be obliged to
produce the Agreement. 367
Mafters fhall deduct out of
the Seamen's Wages all the
Forfeitures incurred by this
Act, and enter them in a Book,
373
Men
靠
​&
The T A B L E.
MURDER.
10 Ann.
C. 17.
S. 21.
S. 22.
Men of War.
15 Ri.II.
C. 3.
See Ala-
Where the Stroke or Poifon-2 Geo.II.
-modes. Cuftoms. Wool.ing happens on the Sea, and
Mariners. Trade. Na- the Death within England or
Newfoundland. vice verfa, the Murderer may
be indicted, tried, &c. in the
County where the Stroke, Poi-
I
vy.
Pirates. Ships. Prizes.
South Sea Company. foning or Death happens. 358
Tobacco. Bullion. Wreck.
Cruifers.
MOORINGS.
See Piracy.
Naval Stores. See Stores.
Navigation of Ships, and
their Built. See Ships.
NAV Y.
F any Ship not belonging to
the Navy fhall faften to the
King's Moorings, &c. the Cap-
tain, &c. fhall forfeit 10/ for
every Tide he ſtays at the ſaid
Moorings, unleſs neceffitated fo
to do by Streſs of Weather, &c. ment of his Majefty's Navies,
One Moiety to Greenwich Ships of War and Forces by
Hofpital, and the other to the Sea.
251
A
C. 21.
RTICLES to be ob-13 Car.
ſerved for the Govern-II. St. 1.
82
C. 9.
As to the publick Worship Art. 1.
83.
Swearing, (fee Curfing) 2.
Drunkenneſs.
ib.
Profecutor.
Upon neglect to unloofe after of God.
Notice given, for 24 Hours,
Officers may unloofe fuch Ship
from the Moorings.
T
MURDER.
252
HE Admiral fhall have
Cognizance of the Death
of a Man, and of a Maihem
done in great Ships, in the main
Stream of great Rivers, nigh the
Sea, &c. and not elſewhere in
the faid Rivers.
8
Holding foreign Intelligence. 3.
84
Letters or Meffages from any 4.
foreign Prince, &c. Enemy to
the King.
ib.
Relieving of an Enemy. 85 5.
Papers, &c. taken in a Ship 6.
feized as Prize.
ib.
Taking or imbezelling Goods 7.
in Prize-Ships. (fee Prizes.) ib.
Imbezelling Cables, Stores, 8.
&c.
86
Prizes
The TABLE.
NAVY.
NAVY.
13 Car.
C. 9.
Art. 9.
Prizes taken without making
Burning Ship.
II. St. I. Refiftance.
ib.
Sleeping on Watch.
Duty of Captains, &c. upon
Murder. (fee Piracy.)
10. Signal of Fight, yeilding or
crying for Quarter.
Robbery and Theft.
(fee
9213 Car..
ib. II. St. I.
93 Art. 26..
C. 9.
27.
87
Piracy.)
ib. 28.
II.
to Prifoners.
ib. 30.
Officers to obferve the Com-
mands of the Admiral, &c. ib.
In time of Fight, withdraw-
88
Convoys their Duty. Pe-
12.
ing, or not fighting.
13.
14.
15.
16.
17.
18.
19.
2.0.
21.
22.
Duty of Provoſt-Marfhal as 29.
Apprehending Offenders. ib. 31.
Sodomy.
94 32.
Other Mifdemeanors in ge- 33.
ib.
grant 34.
nalty on Non-performance. ib. neral.
Penalty for not chafing an Lord Admiral may
Enemy, or not relieving a Commiffions to hold Courts
Friend
89 Martial.
ib.
Stopping or difcouraging Where Death is inflicted, ib.
Service or Action on Account the faid Court ſhall not confift
of Wages.
ib. of lefs than 5 Captains, the
Betraying their Truft, or Admiral's Lieutenant to be one.
turning or yeilding to the Ene-
my, &c.
ib.
Deferting the Service,
running away.
Spies.
ib.
And no Execution of Death ib.
or upon any of the faid Articles
90 (except for Mutiny) fhall be
ib. without Leave of the Lord
ib. Admiral, if within the narrow
Seas, or of the Commander in
ib. chief, if done beyond the nar-
ib.
Sedition, Mutiny.
Concealing traiterous or mu-
tinous Words.
Quarrelling with or ftriking row Seas.
a fuperior Officer.
91 Judge Advocate of the Fleet, 35.
Complaint of Unwholfom- or in his Abfence, the Court
nefs of Victuals.
ib. Marfhal may adminifter Oath
Quarrelling or provoking for Trial of the faid Offences.
Speeches.
ib.
95
Waftful Expence of Ammu- This A&t ſhall not give the 36.
92 Lord Admiral, &c. any new
23.
2.4.
nition.
25.
Ships..
Conducting and
fteering Power, Jurifdiction, &c. ex--
ib. cept as to fuch of the faid Of--
fences as fhall be done on the
main:
The TABLE.
6 Geo. I.
S. 4.
NAVY.
main Sea, or &c. and by Per-
ſons in actual Service and Pay.
b.
But N. By 6 Geo. I. C. 19.
C. 19. S. 4. Perfons committing any of
faid Offences in 13 Car. II. St.
1. C. 9. on Shore, may be tried
and puniſhed, as if done on the
6Geo.II.
main Sea.
NEWFOUNDLAND.
W. III.
By 10 & 11 W. III. C. 25.10 & II
All the King's Subjects may C. 25-
trade and fifh to Newfoundland:
But no Alien to bait or fifh. 184
And by this Act divers
Rules and Orders are eſtabliſh-
ed for the carrying on the ſaid
Trade and Fiſhery. 184
291 And by S. 14. The fifhingS. 14.
Admirals in Newfoundland are
The Wages and Allowance
duly executed:
194
C. 25. of Victuals of one Man in every to ſee the ſaid Rules and Orders
Hundred in Ships of War, to
be allowed for Relief of Officers
Widows.
2&3
Ed. VI.
C. 6.
S. 3.
And by S. 15. are to deter-S. 15.
mine Differences between the
Mafters of Fiſhing Ships and
the Inhabitants there, &c. con-
cerning the Right and Proper-
382
Commander of a Man of War
taking Goods on board to trade
with. See Trade. And fee fur-
ther under Title, Mariners. ty of Fishing Rooms, Stages,
Disturbances in the Tards.
Stores.
NEWFOUNDLAND.
T
&c. and on Appeal by the
Party grieved, the Command-
ers of any of the King's Ships
of War appointed as Convoys
to Newfoundland, are to de-
termine the fame.
HE Admiral or his Of-
ib.
ficers fhall not exact any
Robberies and other capitalS. 13.
Money, &c. from Merchants or Crimes upon the Land in
Fiſhermen ufing Trade or fifh-Newfoundland, &c. may be
ing to Newfoundlaud, Iceland, tried in any County of Eng-
or Ireland, for paffing to the land by Commiffion of Oyer
faid Places, or on account of and Terminer, and Goal-Deli-
their faid Voyages.
41 very.
Such Officers to forfeit for
the firft Offence treble the Va-
lue fo exacted: And for the fe-
cond Offence, to loſe their Of-
fices, and be fined.
42
193
Perfo-
The T A BLE.
TABL
Perfonating Seamen in or-
der to receive their Pay.
See Forging Seaman's
Will, &c.
Pilots. See Trinity-house.
Piracy, and Offences
on the Sea.
27 Ed.
M
III. St.2.
C. 13.
31
Hen.
Piracy, and Offences
on the Sea.
C. 4.
Offences done on Land. 33, 38 27 Hen.
Such Offenders fhall not
28 Hen.
have their Clergy. 34, 39 VIII.
This not to extend to things C. 15.
taken on the Sea in cafe of Ne-S. 3.
ceffity, paying, or giving Se-S. 4.
curity for fatisfying the fame,
Cinque Ports.
be
C. 7.
S. I.
and in Cafes where the Owners
can ſpare them.
35, 39
ERCHANT Commiffions directed to theS. 5, 6.
Privy or Stranger rob-
35,40
bed on the Sea, fhall be permit- Piracies, Felonies, and Rob-11 & 12
ted to fue for his Goods.
3 beries on the Sea, or within the W. III.
Where Strangers upon the Admiral's Jurifdiction, may
VI. C.4. Sea, or in any Port of the Realm, tried on the Sea, or in any the
being in Amity, League, or King's Plantations,
&c. by
Truce, or having Safe Conduct, Commiffion under the Great
are attached in their Perfons, or Seal, or Seal of the Admiralty,
robbed, the Chancellor calling directed to any Admirals, Vice-
to him a Juftice of one of the Admirals, &c.
196
Benches, may deliver the Per- The Power of fuch Court to
fons fo attached, and cauſe Re-commit, &c.
197
ftitution to be made of their Such Court to confift of ib.
Goods, &c.
297 Perfons at leaſt.
27 Hen.
VIII.
C. 4-
28 Hen.
VIII.
198
ib.
ib.
ib. S. 3.
Piracy, Theft, Robbery, Where 7 fuch cannot be had, S. 2.
Murder, and Treaſons, done on how the Number to be fup-
the Sea, or within the Admiral's plied.
Jurifdiction, and Confederacies
C. 15. in the ſaid Offences, fhall be
tried in fome County on Land,
by the King's Commiffion di-
rected to the Admiral and
others.
S. 2.
32, 36
Whereupon fuch Inqueft,
Trial, Judgment, and Forfei-
ture, ſhall be, as in caſe of ſuch
Perfons qualified to fit.
Power of the faid Court to S. 4.
try, fummon Witneſſes, give
Sentence, and execute. ib.
199
The Form of opening Court, S. 5, 6.
&c. and proceeding in the Tri-
al, &c.
Oath to be taken by Perfons ib.
fitting and giving Vote. ib. 200
Q¶¶
Some
The TABL E.
11 & 12
Piracy, and Offences
on the Sea.
Some Perfon, being a Notary
W. III. Publick fhall be Regifter of
the Courts. His Duty and
Bufinefs.
C. 7.
S. 7.
S. 8.
S. 9.
S. 10.
ib.
ib.
S. 14.
ib.
Piracy, and Offences
on the Sea.
S. 15.
Refufal in fuch Governors to 11 & 12
yeild Obedience to this Act, aw. III.
Forfeiture of their Charters. 208 C. 7.
202 How Commiffions for tryings. 16.
of the faid Offences within the
Jurifdiction of the Cinque
Ports, fhall be directed; and
Inquifition made. -
The King's Subjects commit-
ing Piracy, &c. on others of the
King's Subjects by, or by co-
lour of Commiffion from any
foreign Prince, fhall be adjudg-
ed Pirates, &c. and fuffer Death.
ib.
N. By 4 Geo. I. C. 11. S. 7.4 Geo. I.
Offenders againſt this. A&t (11 C. II.
S.
ib.& 12 W. III. C. 7.) may be. 7.
tried as directed by 28 Hen.
VIII. C. 15. and are excluded
Clergy.
281
Which faid Act (4 Geo. I.S. 8.
C. 11.) fhall not extend to
Scotland.
ib.
Commander or Mariner who
fhall betray his Truft, or turn
Pirate, &c. or endeavour to
corrupt any other, &c. or Per-
fon laying violent Hands on
his Commander, &c. and hin-
dring him from defending his
Ship, &c. adjudged a Pirate,
and to fuffer Death.
203
Perfons fetting forth, or aid-
ing, &c. a Pirate, &c. fhall be
adjudged Acceffaries.
be tried.
But ſhall extend to all thes. 9.
King's Dominions in America,
and be taken as a Publick A&t.
282
S. 1.
Commanders of Ships, or 8 Geo. I.
204 others, trading with Pirates, C. 24.
The like, for receiving, con- furniſhing them with Stores
cealing, &c. Pirate, &c. ib. correfponding with them, &c.
How fuch Acceffaries fhall fhall be adjudged guilty of Pi-
205 racy, &c. according to the Sta-
Commiffioners to be appoint-tutes of 28 Hen. VIII. C. 15.
ed by 28 Hen. VIII. C. 15. and 11 & 12 W. III. C. 7. 310
may try the faid Offences with- Perfons belonging to any ib.
in the Plantations in America. Veffel, forcibly boarding any
Their Power and Authority.207 Merchant Ship, and throwing
Governors, &c. of the faid any Goods over board, &c.
Colonies, to affift the faid fhall be puniſhed as Pirates.
Commiffioners, &c. and deliver
up Pirates, &c.
208
312
Ships
The TABLE.
S. 2.
Piracy,
and Offences
on the Sea.
Plantations. Plantation-
Trade. Plantation-Bonds.
ERTAIN enumerated 12 Car.
Commodities of the II. C. 18.
CE
8 Geo. I. Ships fitted out to trade with
C. 24. Pirates, and the Goods on
board, forfeited; half to the
Crown, half to the Diſcoverer :
To be fued for in the Admiral- Growth of America, &c. fhall
not be exported from thence,
312 &c. unless to other English
&c. unleſs
Plantations, or
Plantations, or to England,
Ireland, &c.
S. 3.
S. 4.
S. 10.
2 Geo.II.
ty.
Perfons declared Acceffaries
by 11 & 12 W. III. C. 7. fhall
be deemed Principals, and be
313
71
S. 18.
tried and fuffer as fuch.
Offenders convicted on this
Act (of 8 Geo. I. C. 24.) ex-
cluded the Benefit of Clergy. ib.
This Act to extend to Ajia, 26. S. 10, 11. not to Ireland.Car. II.
Africa, and
Plantation Bonds to be taken S. 19.
for landing the faid Commodities
in the Dominions of the King
of England.
deemed a Publick Act.
316
Where the Stroke or Poifon-
C. 21. ing happens on the Sea, and the
Death within England, or vice
verfa, the Murderer may be
indicted, tried, &c. in the
County where the Stroke,
Poiſoning, or Death happens.
358
For Defence of Merchant
Ships againſt Pirates, and the
Behaviour of Mafter and Mari-
ners on fuch Occafions their Pu-
72
But by 22 & 23 Car. II. C. 22 & 23
¡S. 26.
And the Word 'Ireland' fhalls. 10, 11.
be left out of fuch Plantation-
Bonds.
126, &c.
The Purport of the Conditi- S. 11.
of fuch Bonds.
128
on
Bonds to be given before ib.
Goods fuffer'd to be loaded on
board. Penalty.
129
Penalty where to be profe- ib.
cuted.
Further Provifions
130
153
relating7 & 8
W. III.
C. 22.
to theſe Bonds.
Governors of the American S. 13.
niſhment and Encouragement; the Guftom-houfe a Lift of the Car. II.
Plantations to return Yearly to 22 & 23
and às to burning or deftroying Ships and Commodities therein. C. 26.
Ships: See Ships. Mariners.
Mariners.
Greenwich Hofpital.
Planta-
S. 12.
130
Forfeiture in caſe of Ships
unloading any of the enumerat-
ed Commodites, except in Eng-
land, &c.
Qqq 2
131
Such
ib.
The TABLE.
22&23
Plantations.
Plantation-
Trade. Plantation-Bonds. Preffing. See Impreffing.
Such Ship or Veffel may be
Car. II. profecuted in any Admiralty
Court in England.
Tangier not to be taken to
C. 26.
S. 13.
S. 14.
7 & 8
131
PRIVATE E R.
L
CORD Admiral, &c. to 13 Geo.
grant Commiffions to II. C. 4.
418
be a Plantation within this Act Commanders of Privateers: And S. 2.
(22 & 23 Car. II. G. 26.) ib.
Prizes taken by them fhall be-
No Goods to be fhipt tho' long wholly to fuch Privateers.
W. III. Duties paid in the Plantations,
'till Security given as required
by 12 Car. I. C. 18. and 22 &
Gar. II. C. 26. on Forfeiture
of Ship and Goods.
C. 22.
S. 8.
$. 9.
S. 10.
ib.
S. II.
ib.
23
void.
149
Laws, Bye-Laws, &c. of the
Plantations, repugnant to this
A&t (7 & 8 W. III. C. 22.)
150
Officers fufpecting Certificate,
to take Security for Diſcharge
of Plantation-Lading; and not
to cancel Certificate, 'till in-
formed of the Truth. 150,151
Penalty for counterfeiting
Cocquets, &c.
151
In Actions brought in Plan-
tations, Jury to be Natives of
England, Ireland, or Plantati-
ons.
152
Offence may be laid in any
Colony of fuch Plantations. ib.
future War may grant Com-
The King during this or any S. 13.
miffions or Charters for enabling
any Societies or particular Per-
fons to join in any Expeditions
or Adventures, for their private
Benefit.
428
Such Charters, &c. fhall not S: 14.
hinder the free Trade to Ame-
rica.
430
Commanders of Privateers, S. 20.
and Merchant Ships having
the Laws and Forfeitures in the
Letters of Marque, fubject to
King's Colonies in America,
with reſpect to taking on board
Servants without Confent of
their Maſters, &c.
436
Ships Goods, &c. taken by S. 19.
Privateer by Collufion, fhall, on
Proof in the Exchequer or Ad-
miralty, be forfeited, Half to
the King, Half to the Inform-
er.
435
Privateer taking Ships by 13 Geo.
Collufion, both Privateer and II. C.27.
Prize forfeited, and the Recog-
nizance given by the Privateer
on
S. 3.
The TABLE.
13
S. I.
PRIVATE E R.
PRIZES.
on taking out his Commiffion, Care and Cuftody to be.
42313 Geo.
S. 6.
forfeited.
442 Five Hundred Pounds Pe-II. C. 4
Geo. Privateers may be navigated nalty on Judge or Officer de-
II. C. 3. by three Fourths Foreigners laying or offending againſt the
during the preſent War. 413 Directions of this Åct.
The fame may be practifed
in any future War, on the
King's Proclamation for that
Purpoſe.
415
See Prizes.
S. 4.
13 Geo
II. C. 4.
S. I.
S. 2..
S. 3.
$. 4°
S. 5.
O
PRIZE S.
424
What fhall be paid in the S. 7.
Courts of Admiralty abroad,
for trying and
trying and condemning
Prizes.
+
ib.
Party aggrieved by Sentence S. 8.
of Admiralty - Court abroad,
may appeal to Commiffioners
appointed for that Purpoſe.
Security to be given on fuch
Appeal.
Sentence appeal'd
from, fhall not be in the mean
time fufpended, fo as the Party
Appellate give Security.
4
425
FFICERS, Mariners,
Seamen and Soldiers on
board Ships of War, fhall have
the fole Property of all Prizes
they take in Europe after the
4th of January 1739, and in Forfeiture of treble the Va-S. 9. -
any other Part of the World, lue for embezelling Goods, &c.
after the 4th of June 1740; on board any Prizes; a third
(being firſt adjudged lawful Part to Greenwich Hofpital, Green-
Prize in any Court of Admi-and two Thirds to the Inform-wich
ralty) as the King by his Pro- er.
clamation fhall direct.
415
Privateers ſhall have the fole
Property in Prizes taken by
418
How Prizes fhall be tried for
Condemnation, &c.
420
them.
In cafe the Claimant fhall re-
fuſe to give Security, the Judge
ſhall cauſe the Captors to give
Security, and thereupon pro-
ceed.
422
Prizes brought into the Co-
lonies in America, under whofe
}
426 Hoſpital
Agents for Prizes how and S. 10.
by whom to be appointed. 427
Publick Notice to be givens. 11,
by the Agents, of the Day ap-
pointed to pay the Captors
Shares.
428.
Shares not demanded in three
J
ib.
Years, to go to Greenwich Green-
Hofpital.
ib, wich
Prizes not exempt from Pay-Hofpital.
ment of Cuftoms.
ib.
Bounty - Money according S. 15,
to fuch Rate and in fuch
Manner
The T A BLE.
PRIZE S.
Manner as in this Act mention-
PRIZE S.
See Ships. Privateer. South-
Probate of Seamen's Wills.
ed, for taking or deftroying Sea Company.
Enemies Ships, ſhall be paid by
the Treaſurer of the Navy on
Bills to be made out by the
Commiffioners of the Navy. 430
13 Geo.
Captors to appoint Agents
II. C. 4. to receive the Bounty-Money.
S. 16.
S. 17.
S. 18.
S. 19.
ib.
War.
See Adminiftration to
Seamen, &c.
432 Protections. See Impreffing.
Prizes of Galleons, &c. not
to be adjudged in the American Regiftring Ships. See Ships.
Courts of Admiralty.
433 Robbery on the Sea. See
Ships, Goods, &c. of British
Subjects retaken from the Ene-
Piracy.
my, how to be difpofed of, and Rum. See Cuftoms.
what Salvage allowed.
434
Ships, Goods, &c. taken Running of Goods.
by Privateer, by Collufion,
fhall, on Proof in the Exche-
quer or Admiralty, be forfeited,
Half to the King, Half to the
Informer:
435
If by a Man of War, the
Man of Captain, &c. fhall forfeit 1000l.
and be incapacitated; and the
Goods, Ship, &c. adjudged good
Prize to his Majefty. 436
Privateer taking Ships by
II. C.27. Collufion, both Privateer and
Prize forfeited, and the Recog-
nizance given by the Privateer
on taking out his Commiffion,
forfeited.
13 Geo.
S. 3.
7 & 8
A
Cuftoms. Wool.
Safe Conduct.
See
Confervator of the Truce 2 Hen.
and Safe Conducts fhallV. C. 6.
be appointed by Letters PatentS. I.
in every Port of the Sea.
II
His Authority by the faid ib.
Letters Patent, and by Com-
miffion from the Admiral.
12
The Determination of thes. 2.
Death of a Man excepted, and
referved to the Admiral.
13
What Procefs fhall be ib.
442 awarded againſt Perſons indict-
Prize Ships after Condemna- ed.
ib.
W. III. tion fhall be regiſtred, and Oath The Additions to be inferted ib.
C. 22.
made that the Property is Eng-in fuch Proceſs.
S. 19.
lifb.
156
ib.
Two
2 Hen.
The T A B L E.
TABLE.
Safe Conduct.
Safe Conduct.
Two Men learned in the unlefs for fome fpecial Caufe.
V. C. 6. Law, to be affociate in the
S. 2.
Commiffion.
14
20
ib.
The Authority of the Con-
fervator and Affociates.
ib.
ib.
In all Safe Conducts the 15 Hen.
VI. C. 3.
Names of the Perſons to whom
granted, of the Ships, and of the
Mafters, and the Number of
the Mariners, with the Portage
of the Ships, fhall be expreffed.
ib.
ib.
ib.
ib.
S. 3.
ib.
ib.
4 Hen.
ib.
Their Oath and Duty.
The Confervator fhall have
a Seal.
15
Oath to be taken by Ma-
fters and Owners of Ships be-
fore they paſs out of the Port,
not to attempt any thing againft
the Truce or Safe Conducts. ib.
The Confervator fhall be in-
formed of all things taken from
the King's Enemies by the Ma-
riners.
ib.
Penalty on Mafters and
Owners of Ships offending
herein.
16
The Admiral to have the
Forfeitures out of the Cinque
Ports.
ib.
The Authority and Power
of Confervators within the
Cinque Ports, the fame as of
thofe without.
17
The Warden of the Cinque
Ports to have the Forfeitures
there.
ib.
Letters of Marque againſt
V. C. 7. Breakers of Truce, how to be
obtained and by whom granted..
18
15 Hen.
The Claufe Vidimus fhall
VI.C. 3. not be put in Safe Conducts,
2I
Merchants Aliens of the 18 Hen.
King's Amity may load their VI. C. 8..
Goods on board Ships belong-
ing to the King's Enemies, if
the Mafters or Owners of fuch
Ships have Letters of Safe
Conduct.
22
But if they have no fuch, or ib.
they be not inrolled, the Takers
of fuch Goods may detain them..
23
VI. C. 1.
S. 2.
All Letters of Safe Conduct 20 Hen.
fhall be inrolled in Chancery
before they are delivered out:
And if not fo inrolled, ſhall be
void.
20, 21
Takers of Enemies Ships, or S. 4.
Goods on board the fame from
Perfons having Letters of Safe
Conduct, indemnified, if the
faid Letters be not then produc-
ed; in cafe afterwards upon
due Proof of fuch Letters, they
be ready to reſtore the fame. 28
Where Strangers upon the 31 Hen.
Sea, or in any Port of the VI. C.4.
Realm, being in Amity, League,
or
The T A BLE.
+
Safe Conduct.
SHIP S.
How Forfeiture to be divid-12 Car.
70II. C. 18.
70S. 1.
All Admirals and Command-
ers of the King's Ships fhall
bring in as Prize all Ships of-
fending contrary to this Act. ib.
or Truce, or having Safe Con-
duct, are attached in their Per-ed.
fons, or robbed; the Chancellor
calling to him a Juftice of one
of the Benches, may deliver fuch
Perfons fo attached, and caufe
Reftitution to be made of their
· Goods.
29
15 Ri.II.
C. 3.
Navi-
Seamen. See Mariners.
Search. See Customs.
Settlement of Mariners.
See Mariners.
Sheep. See Wool.
T
SHIPS.
HE Admiral may arreft
Ships in the Great Flotes
for the great Voyages of the
King and of the Realm: And
fhall alſo have Jurifdiction up-
on the faid Flotes during the
faid Voyages.
8
And they and their Company
fhall have a Moiety of the For-
feiture.
ib.
ib.
No foreign-built Ships fhall13 & 14
be deemed or have the Privi-c.11.
Car. II.
lege of English Ships, thoughs. 6.
owned or manned by English,
except Prize Ships condemned. Prize
Ships.
102
The Number of Mariners ib.
ſhall be accounted according to
what they have been during the
whole Voyage.
103
C.
22.
Goods fhall not be imported 7 & 8
into or exported out of the W. III.
Plantations in Afia, Africa, ors. 1,2,3.
America, but in Ships built in
England, Ireland, or the Plan-
tations; the Mafter, and three
Fourths of the Mariners, of the
faid Places only, and the Ship
wholly owned by People of
the faid Places: Except Prize Prize
Mann'd. Africa, or America, but in Ships condemned, owned and Ships.
12 Car. English Bottoms, belonging manned as aforefaid.
11. C. 18. only to English, &c. and the No Ship ſhall be deem'd or S. 17.
Maſter and three Fourths of the pafs as a Ship of the Built of
Mariners English: On Pain of England, &c. or the Plantati-
Forfeiture of Ship and Cargo. ons in America, unleſs Re-Regi-
69 giftred, and Proof on Oath red,
No Goods ſhall be imported
gated. into or exported from any of the
Own'd. King's Poffeffions in Afia,
Built.
S. I.
144
made
&c.
The TABLE.
7 & 8
W. III.
C. 22.
S. 18.
ib.
S. 19.
Prize-
Ships.
Regi-
ftred.
S. 20.
S. 21.
1 Ann.
St. I.
C. 16.
S. I.
Priva-
SHIP S.
made before the Collector and
Comptroller of the Cuftoms if
in England, &c. or before the
Governor and the principal
Officer of the Revenue in Ame-
rica, or in Jerſey, &c. if there.
SHIPS.
Pirates.
C.
II.
Mafter delivering up his Defend-
Ship of 200 Tons and 16 Gunsing Ships.
(or if under, the Pirate not 22 & 23
having at leaſt double his Num-Car. II.
ber of Guns. S. 4.) to Pirates,
&c. without fighting, fhall up-S. 2.
on Proof in the Admiralty S. 4.
Court be incapable of the Com-
amand of any Ship: And if he
afterwards takes on him the
155
Ship trading to America with- Charge of a Ship, he ſhall be
out Proof of her Built and Pro-imprifoned by the faid Court.
perty, to be profecuted and for-
feited as any foreign Ship.
154
Oath to be attefted, and de-
liver'd to the Mafter, and
Duplicate tranfmitted.
ib.
Prize-Ships after Condemna-
tion, fhall be regiftred, and
Oath made that the Property is
English.
121, 122
Penalty for taking back from S. 2.
the Pirate, &c. any part of the
Goods taken by him.
ib.
Mafter difcovering a Pirate, S. 3.
122
156 not to leave his Ship.
Commanders of the King'sS. 5.
Ships may by Procefs out of the Men of
Admiralty feize all fuch Ships, War.
Fiſher - Boats, Hoys, &c.
need not be regiſtred.
ib.
Ship's Name not to be alter'd
without regiſtring de novo; and
if Shares of her fold, fuch Sale
to be indorſed on the Certifi-
cate of the Regifter.
ib.
Ships employed in the Green-
land Fishery may be navigated
by one Third English. 209, &c.
Merchant Ships, &c. and
Privateers may be navigated by
13 Geo. three Fourths Foreigners dur-
II. C. 3.
3.ing the preſent War.
teers.
S. I.
S. 4.
413
The fame may be practifed
in any future War on the King's
Proclamation for that Purpoſe.
See Wool.
415
&c.
123
Provifo, Not to violate the S. 6.
Rights of any foreign Prince.
ib.
7.
Penalty on Mariners refuſing S.
to fight, or &c.
ib.
If Maſter compelled by the S. 8.
Mariners to yield, he is excuſed.
124
Mariners forcing him to S. 9.
ib.
yeild, Felony.
Officers or Seamen wounded S. 10.
in Defence of the Ship, and 11 & 12
W. III.
bringing her to her defign'd
C. 11.
Port fhall be rewarded. And s. 12.
Rrr
Power
The TABLE.
Admi-
ralty.
SHIPS.
Power given for that Purpoſe to
the Judge, &c. of the Admi-
ralty-Court, or Vice-Admiral-
ty: And by 11 & 12 W. III.
C. II. S. 12. to the chief Offi-
cers of the Out-Ports. ib. 205
Crew of Merchant Ship
Car. II. taking a Ship that hath firit
affaulted her, fhall be rewarded
Private as in cafe of private Men of
Men of War.
War.
22 & 23
C. II.
S. II.
125
See further under Greenwich
Hofpital. Piracy.
S. 12. It is Felony for Officers or
Destroy- Seamen of any Ship, wilfully
ing Ships. to deſtroy her.
1 Ann.
St. 2.
C. 9.
S. 4.
S. 5.
126
Maftér, Officer, or Mariner
SHIPS.
C. 29.
S. 7.
oufted of Clergy.
321
And by the faid laft ActGeo.I.
(S. 7.) the faid Offences if they
happen within the Body of any
County, may be there tried as
other Felonies; and if upon the
High Seas, then according to
28 Hen. VIII. C. 15.
See further, Wreck.
322
Ships Hovering. See.
Cuftoms.
Ships Stranded. See
Wreck.
Mariners.
wilfully cafting away or de- Shipwreckt Seamen. See
ftroying Ship to the Prejudice
of the Owners, &c. fhall fuffer
Death as a Felon.
212
The faid Offences committed
on the High Seas, may be tried
in
any Shire in England, in fuch
Manner as by 28 Hen. VIII.
C. 15. is directed. And Perfons
convicted thereof fhall fuffer
Death without Benefit of Cler-
gy.
ib.
4 Geo. I. Any Owner, Captain, Mari-
ner, &c. wilfully deftroying
any Ship to the Prejudice of
Infurers, &c. fhall fuffer Death.
283
C. 12.
S. 3.
Shorlings. See Wool.
Silver. See Bullion.
Soldiers. See Mariners.
South Sea Company.
T
HE South Sea Company 9 Ann.
vefted with the fole C. 21.
S. 46.
Trade to America within cer-
tain Limits. (which vide) 235
The Company to take whol-S. 51.
ly to their own Ufe all Ships
taken there as Prize.
237
But Officers and Seamen of ib.
C. 29. This Claufe is explain'd and en- the Queen's Ships affifting, to Men of
S. 5, 6.
forced, and the Offenders be rewarded thereout as the by War.
11 Geo.I.
29. S.
By 11 Geo. I. C. 29.
6.
5,
Charter
·
The TABLE.
South Sea Company.
Charter fhall appoint.
238
SPAIN.
(Commerce probibited. )
9 Ann.
443
The Company may feize by duct of Spain, &c. or not,
C. 21. force of Arms British Ships Proof fhall lie on the Importer.
S. 51. trading in the South Seas. ib.
Commanders of King's Ships
Five Hundred Pounds Pe- 13 Geo.
employed in that Service, not nalty for defifting or delaying II. C.27.
conforming to the Company's the Profecution, by Collufion,
Rules, incapacitated. 239 after Seizure.
S. 52.
S. 54.
13 Geo.
II. C.27.
S. I.
S. 2.
S. 3.
S. 4.
No Embargo fhall detain the
Company's Ships, unleſs parti-
cularly mentioned.
ib.
SPAIN.
(Commerce prohibited.)
N
lue.
O Goods ſhall be import-
ed from Old Spain, &c.
during the prefent War; on
Pain of forfeiting the Ship, &c.
and Goods, and treble the Va-
440
Except what are lodged at
Minorca or Gibraltar before
the firſt Day of May 1740, and
brought home before the 24th
of June, 1740, on British Bot-
toms navigated according to
Law.
441
ib.
S. 4.
may take off the Prohibition.
The King by Proclamation S. 5.
444
None ſhall be admitted to S. 6.
enter a Claim to Ship or Goods
in 100l. to anſwer the Cofts
fo feized, 'till Security given
and Charges of Profecution. ib.
Forfeitures of this Act to be S. 7.
Thirds to the Seizer, &c. 445
one Third to the King, and two
Where and how to be
pro-
fecuted in Great-Britain, ire-
land, Iflands of Jersey, &c.
Minorca, Gibraltar, and the
Plantations refpectively.
ib.
ib.
condemn'd in the Iflands of
Provifo, Goods feized and S. 8.
Jersey, &c. in Minorca, or Gi-
braltar, fhall not be imported
into Great-Britain, or Ireland.
General Iffue.
Privateer taking Ships by
Collufion, both Privateer and
Prize forfeited; and the Recog- Cofts.
nizance given by the Privateer
on taking out his Commiffion
forfeited.
446
Trebles. 9.
ib.
442
Rrr 2
Spirits.
Where Queſtion arifes whe-
ther the Goods are of the Pro-
The TABLE.
31 El.
C. 4.
S. I.
S. 2.
ib..
Spirits. See Cufloms.
Stores.
P
Armour, &c.
ERSONS having
Charge or Cuftody of Ar-
mour, Ordnance, &c. who fhall
imbezel the fame to the Value
of 20 Shillings fhall be guilty
of Felony..
49
The Offenders fhall be pro-
fecuted within a Year.
Stores. Armour, &c.
produce a Certificate from the
Commiffioners, &c. 165, 317
(N. By 9 Geo. I. C. 8. S. 4.9 Geo. I.
the Penalty may be mitigated. C. 8.
318°
S. 4.
And by the fame A&t (S. 5.)S. 5.
the Judge, &c. fhall examine
and determine Difputes between
Informers touching their Rights
to Forfeitures, &c.) 319
ib. Provifo, That the Commif-9 & 10
fioners of the Navy, Ordnance,
W. III,
C. 41.
S. 4.
Such Offence or Attainder
fhall not work Corruption of &c. may fell any of the faids
Blood, nor cauſe the Forfeiture Stores fo marked: Buyer to
of the Inheritance of Lands, or have a proper Certificate, 167
Lofs of Dower.
50 General Iffue.
Stealing Cloth from the
II. C. 5. Rack in the Night, or commit-
S. 1,2,3. ting any Offence againft 31 El.
C. 4. or imbezelling Stores to
twenty Shillings, excluded from
Clergy.
22 Car.
S. 4.
9 & 10
บ
&
Trebles. 5.
168
2. C. 1 Geo. I.
10 St. 2.
Pub-C. 25.
Cofts.
(And by 1 Geo. I. St.
25. S. 14. this Act (of 9
W. III. C. 41.) fhall be a
lick Act:)
278
I
S. 14.
C. 41.
&c. of
117 Provifo, King's Stores may 9 & 10
Judges may reprieve and be lent to a Ship in Diſtreſs, fo
foW. III..
tranfport them: And refufing they be reftored, and the Bor- S. 8.
to be tranſported, or returning, rower have a Certificate.. 170
Execution fhall be awarded. The Commiffioners and Commif-
119 principal Officers of the Navyfioners,
No Warlike or Naval Stares may inquire of the Imbezelment the Navy.
W. III. fhall be made with the King's of Naval Stores, &c. noti Geo. I.
C. 41. Marks, except by Perfons con- above 20 Shillings Value, and St. 2.
tracting and duly authorized. puniſh the Offenders.. 269 C. 25.
Penalty 200/
163 Naval Stores, &c. imbezelled, S. 3, 4.
The fame Penalty on Per-&c. and put on Ship- board,
föns in whofe Cuftody fuch fhall be feized by their War-
9 Geo. I. Stores (for other Particulars
C. 8. ſpecified fee 9 Geo. I. C. 8. S. 3,
S. 3,4,5.4, 5.) are found, unless they
S. I.
S. 20
272
S. 5.
rant.
Puniſhment of counterfeiting S. 6.
the Hand of the Officers of the
Navy.
The TABLE.
I Geo. I.
St. 2.
S. 9.
Stores. Armour, &c.
Navy to any Ticket, Bill, &c.
for Payment of Naval Trea-
fure.
Strong - Waters. See
Cuftoms.
273 Suits against Seamen. See
Mariners.
Lord Admiral or Commiffi-
oners of the Admiralty, or their
C. 25. Secretary, or the principal Offi-
cers of the Navy may adminiſter
Oath relating to the receiving,
keeping, &c. the. King's Trea-
fure, Stores, &c. or any thing
relating to the Navy, or the
Affairs thereof..
S. 10.
S. II.
S. 12.
S. 13.
S. 14.
Swearing. See Curfing.
Tea. See Cuſtoms.
276 N
TOBAC co.
S. 12, 13
O Commander or Purfer6 Ann.
Officers of the Navy may
of a Ship of War fhall C. 22.
execute the Powers given by fell or deliver or cauſe to be
this Act, as well within Liber-fold, &c. to any of the Men on
ties, as without.
board any Tobacco of the
5.
277
This Act ſhall not repeal or Growth of Europe; but only
alter the Act of 22 Gar. II. C. Tobacco of the British Planta-
ibtions, manufactured in Great-
The Lord Admiral or Com-Britain, on Pain of Forfeiture
miffioners of the Admiralty of his Place, and three Shillings
may execute the Powers by per Pound Weight of the To-
this Act given to the Commiffi-
oners and principal Officers of
the Navy.
278
None puniſh'd by this Act,
ſhall be puniſh'd again by any
other Law, for the fame Of
fence.
Publick Act:
Convictions final.
bacco.
C
TRADE.
232
OMMANDER of a Man of
Man of War who fhall War.
ib. receive any Goods on board, in 8 Geo. Is
ib. order to trade with, excepts. 8.
ib. Gold, Silver, &c. fhall forfeit
General Iffue: And double his Command, be incapacitated,
S. 15.
S. 16.
Cofts.
See Navy...
279 and lofe his Wages.
C. 24°
314
And fuch Commander, and S.
the Proprietors of the Goods
fhall forfeit the Value thereof
to
The T A BLE.
8 Geo. I.
C. 24.
S. 9.
S. 10.
5 Geo. II.
C. 20.
S. 15.
4 Ann.
C. 16.
S. 17.
S. 18.
S. 19.
TRADE.
to the Diſcoverer, and Green- Watermen. See Impreſſing.
316 Wills of Mariners, &c.
wich Hofpital.
Forfeitures to be recovered in
the Admiralty.
This Act to extend to Afia,
ARINER or Soldier 29 Car.
S. 23
M may difpofe of his Per-II. C. 3-
fonal Eftate as ufual, notwith-
ib.
ftanding the Statute of Frauds
and Perjuries.
132
Africa, and America, and be
taken as a publick A&t.
T
Trinity-Houfe.
C. 41.
No Will of any Seaman con-9 & 10
tained in the fame Inftrument W. III.
HE A&t for the better with a Letter of Attorney fhalls. 6.
Regulation, &c. of Pi-be good.
169
&c. Forging Will of Sea-
lots licenſed by the Corporation See Adminiftration to Sea-
of the Trinity-houſe, &c. fhall men,
not prejudice or affect the Ju-
rifdicton of the Lord Admiral.
375
man, &c.
Wool.
Truce. See Safe Conduct.
Vagrancy. (Mariners com-
mitting Acts of) See N
S
Mariners.
WAGE S.
UITS in the Admiralty
for Seamen's Wages fhall
be commenced within fix Years.
225
Provifo, In cafe of Non-age,
feme covert, non compos, &c. ib.
Action againſt Perfons be-
yond Sea may be brought with-
in the faid Time after their
Return.
ib.
See Mariners. Navy.
Wool-fells. Wool-
flocks. &c.
S. I.
ONE fhall export, &c. 12 Car.
any Sheep, Wool, Wool-II. C.32.
fells, Mortlings, Shorlings,
Yarn, Wool-flocks, Fullers-
Earth, or Fulling-Clay, out of
England, or Ireland, or the
Ifles of Jersey, &c. Nor carry,
load, &c. any fuch, in order to
be fo exported.
73
None fhall be carried out ofs. 2.
England or Ireland, to Jersey,
&c. except as in this Act.
75
Of-S. 3.
Said Goods forfeited.
fender to pay 20 Shillings for
every Sheep, and three Shillings
per Pound of Wool, &c. 76
{
Owners
The TAB L E.
12 Car.
S. 3.
ib.
لباني
ib.
WOOL. &c.
ed for three Months.
fue.
Owners privy, forfeit their
II. C.32. Intereſt in the Ships.
76
Maſters and Mariners privy,
forfeit all their Goods and
Chattels, and ſhall be impriſon-
ib.
Half the Forfeitures to the
King, Half to him that will
77
Merchant or other Perfon
convicted, difabled to require
any Debt or Account against
his Factor.
ib.
Offences againſt this Act
where to be tried, and in what
time profecuted.
78
(By 9 & 10 W. III. C. 40.
S. 9. Profecution to be within
three Years.)
S. 4.
S. 5, 6.
9 & 10
W. III.
C. 40.
S. 9.
12 Car.
S. 7.
S. 8.
162
Any may feize Goods, fhipt,
II. C.32.or &c. contrary to this Act,
and ſhall have the Moiety. 78
Provifo, That fuch Perfon
fhall not be Evidence:
S. 9.
S. 10.
S. II.
79
Woo L. & c..
M. Seff.
Cocquet for exporting Wool, 1 W. &
(and by 5 Geo. I. G. 11. S. 14. C. 32.
Wool-fells, Mortlings, &c) tos. 4.
be written on Paper, and figned 5 Geo. I.
by 3 of the chief Officers of the C. 11.
Port.
133, 290S. 14.
Ports of Import and Export! W. &
in England and Ireland. 133,5. 6.
157, 178, 2237 & 8
M.C.32.
S. 5.
Admiralty to appoint Ships w. III.
and armed Sloops to cruize, with C. 28.
orders to feize Ships, &c. ex-
porting Wool, or carrying or 10 & 11
bringing prohibited Goods, or C. 10.
fufpected Perfons.
1588. 10.
W. III.
7.
No Fullers-Earth or Seour-4 Ann.
ing-Clay fhall be exported out C.
of England, &c. Penalty one 12 Geo.
Shilling per Pound.
II. C.21.
161S. 5.
Forfeitures one Third to the, & 8
King, two Thirds to him that W. III,
will feize, &c.
162 C. 28.
No Wool to be exported. 14.
out of Ireland to any Place but & 10
England, &c.
Wool, &c. forfeited.
W. III.
173 C. 40.
W. III..
If Owner of the Ship be an
Alien, not inhabiting in Eng-
Offend-S. 2.
land, the Ship, &c. forfeited. ib. ers exporting forfeit 500l. Ship, S. 8.
Lamb - Skin ready drefs'd, &c. forfeited, Mafters, &c. and 10 & II
86 Perfons affifting, forfeit 40 .c. 10.
excepted.
One Moiety to the Informer, S.,
the other to the Encourage-s. 2..
ment of the Linen Manufacture
in Ireland.
Exception as to Pelts, Flocks,
Bedding, Wether - Sheep, &c.
proper for the Food, or Ufe of
the Ship's Company.
ib.
S. 12. What Quantities of unkemb'd
1 W. & Wool may be exported from
I. C. 32.
Southampton to Fersey, Guern-
S. 14. Sey, Alderney, and Sarke. 81,134
M.
Seff.
C.
I.
C. 21.
175.
(By 3 Geo. I. C. 21. S. 4. this3 Geo. I,
laft Moiety is given to the
King.)
No.
S. 4.
The T A BL E.
10 & II
Woo L. &c.
Woo L. &c.
No Acquittal in Ireland, to Fourth to the Mariners, of the
W. III. be allowed in bar of Profecuti-Sloop, &c. and the other Fourth
176 to the King, deducting thereout
the Charges, &c.
C. 10.
S. 3·
S. 4.
S. 7
S. 12.
S. 13.
S. 14.
S. 16.
S. 17.
on here.
181
C. 10.
Any Perfon may feize fuch
Wool, &c. and the Ship,
Commander of cruifing Vef-10 & 11
Hulk, &c. and indemnified fel neglecting his Duty, &c. W. III.
fhall forfeit his Wages, fuffers. 18.
fix Months Impriſonment, and
be incapacitated from ferving in
in the Navy.
182
for fo doing.
Cofts.
ib.
Gocquets, &c. for exporting
the faid Goods from Ireland,
to be written on Paper, and
figned by three of the chief Of-
ficers of the Port there: And to
exprefs the Quantities, and
other Particulars.
177
Offences where triable. 178
General Iffue. Treble
179
Woollen Manufactures may
be imported to England from The Admiralty fhall appoints Geo.II.
Ireland, Notice being firft giv- three Ships and eight armed S. I.
en to the Commiffioners of the Sloops, to cruife on the Coaſts
Cuſtoms, &c. Bond entred into, of Great-Britain and Ireland,
and Licence granted. ib. with Orders to feize Veffels
Admiralty to appoint Cruif- having on board Woollen Ma-
ing Ships, with Orders to feize nufactures in this A&t ſpecified,
Ships, exporting Wool for fo- in order to be exported from
reign Parts. And to fend a Lift Ireland to foreign Parts. Lifts
to the Commiffioners of the of which Ships and Sloops
Cuſtoms, with Copies of their fhall be fent to the Commiffi-
Inftructions.
180 oners of the Cuftoms, with Co-
pies of their Inftructions.
No Wool, &c. of the Pro-S. 19.
duce of the English Plantations
in America fhall be exported,
under the like Penalties, &c. ib.
Commiffioners of Excife in 6 Geo. I.
Ireland to determine all Offences C. 21.
S. 64.
relating to Wool by this or any
other Act in force in Ireland.303
4
All Wool, Ships, &c. feized
fhall be forfeited, lodged in the
King's Warehouſe, and after
Condemnation, fold by Inch of
Candle. Produce to be divided,
one Fourth to the Commander,
one Fourth to the Officers, one
376
C. 21.
Commanders of fuch ShipsS. 2.
and Sloops may fearch Veffels,
and on finding the faid prohi-
bited Commodities, and the
Mafter not producing a lawful
Cocquet, may carry the Ship,
Crew,
The TA BL E.
<Geo.II.
C. 21.
: S. 3.
S.3.
ib.
S. 4.
S. 5.
S. 7.
2 Geo.II.
S. 5.
WOOL. &c.
C.
Crew, and Cargo into Port. 378
Veffels and Goods forfeited,
and, after Condemnation, fhall
be fold on 21 Days Notice. ib.
Informers indemnified, and to
have one Fifth of the Sale. 379
General Iffue.
Cofts.
Treble
Woo L. &c.
Exporting Wool flightly 2Geo.II.
wrought from Great-Britain C. 21.
S. 9.
or Ireland, liable to the like
Penalties and Forfeitures as
exporting Wool.
400
No Wool to be exported S. 11.
from Great-Britain or Ireland,
ib. but upon Notice given to the
Perfons claiming Shares in Commiffioners of the Cuſtoms,
Seizures, to give Security to &c. Security given by Bond
anfwer the Penalties. 380 for Landing, and Licence taken.
Bonds not to be diſcharged but
upon producing a Certificate.
On Pain of forfeiting the ſaid
Goods and Ship.
401
No other Security hereby S. 12.
leffened, or Law made void.
403
None but Officers to enter S. 14.
To
This A&t fhall not make void
the_Penalties of former Acts,
on Exportation of Wool. ib.
No Wool or Woollen Ma-
C. 21. nufactures fhall be exported
from Ireland, but in Veffels of
the Built of Great-Britain or
Ireland, wholly owned and
manned by Subjects of this Informations of Seizures.
Kingdom and Ireland, and re- be profecuted in the Attorney
giftred: On Penalty of Forfei- General's or their Names only.
ture of the faid Goods, and the
Ship with her Appurte -
396
Ships how to be qualified
for loading Wool from Ireland.
To be regiftred. Oath or, in
cafe of Quaker, Affirmation of
the Property. Certificate, and
Duplicate tranfmitted to the
Officers of the Cuftoms.
S. 7.
S. 8.
nances.
404
This A&t ſhall not take away S. 15.
the Power of the King's Guard-
Ships.
405
Informations and Actions S. 18.
where to be entred and profe-
cuted.
406
Onus Probandi to lie upon
upon ib.
407
the Owner.
398 The Forfeitures in this A&S. 19.
Ship's Name not to be alter'd ſhall belong to ſuch as will
without regiftring the fame feize or inform or fue for the
again. And the Alteration of fame: Unleſs where otherwife
Property indorſed on the Certi- directed.
ficate of the Regifter.
399
Sff
ib.
And
The TABLE.
¿Geo.H.
C. 21.
S. 20.
、 S. 21.
S. 23.
S. 24.
$. 26.
S. 28.
WOOL. &c.
And for that Purpoſe, the
Goods fhall be fold.
Wreck. Ships franded.
W
C. 4.
HAT fhall be deem'd 3 Ed. T..
Wreck, what not. r:
Where no Wreck, the Goods ib.
to be faved and kept, by the 27 Ed.
Coroner, Sheriff or Bailiff. 1, 3 C. 13.
How and when and to whom
to be reftored. On Pain of
and Impriſonment.
III. St.2.
407
Officers making Seizure up-
on Information, the Informer
fhall have Half.
ib.
Mafters, Mariners, &c. con-
cern'd in the clandeftine exporting
of Wool, &c. who make Difco-
very in 6 Months, fo as the Of-Fine
fenders be convicted, ſhall be Any laying Hands on Wreck,4 Ed. I.
indemnified and difcharged, and to be attach'd by Pledges, and St. 2.
have three Fourths of the For- the Wreck to be valued, and
408 the Price delivered to the
Towns.
feitures.
I, 3
2
St. I
The King fhall have Wreck 17 Ed. II.
throughout the Realm,, except.11
in privileged Places.
3
C. 18.
All Perfons deputed by the
Officers of the Cuftoms, &c. by
Inftrument under Hand and
any
Seal, for putting in Execution
this or other Acts againſt ex-
porting Wool, fhall be efteem'd
Officers of the Cuftoms, &c.
409
Perfons oppofing Officers of
the Cuſtoms, &c. in putting
this Act in-Execution, Felons; of 100 /
and ſhall be tranſported. 410 Reaſonable Salvage
Bonds to be taken according made.
to this Act, not chargeable with
Stamp Duties.
Sheriffs, Mayors, &c. and 12 Ann.
Cuftom-houſe Officers, to fum-St. 2.
mon Men to affift Ships ftrand-s. 1.
ed or in Diftrefs.
258
9. 34.
General Iffue.
Cofts.
See Cuftoms.
412
Treble
ib.
All Ships, Men of War and Men of
others to affift: On ForfeitureWar.
260
ib.
to beS. 2.
261
(By 5 Geo. I. C. 11. §. 13.5 Geo. I.
Goods faved from Ships ftrand-C. 11.
ed fhall pay Cuftoms.)
S. 13.
St. 2.
In cafe of Difference, three 12 Ann..
Juſtices to adjust the Quantum 18.
of the Salvage.
261S. 2.
Goods not claimed in twelve ib.
Months, to be fold, and the
Monies tranfmitted into the
Exchequer,
The T A BLE.
12 Ann.
C. 18.
S. 3•
Wreck. Ships ftranded.
Exchequer, for the Benefit of
the rightful Owners. 262
Perfons entring Ship without
St. 2.. Leave, or hindring the fang
the Ship, &c. to make double
Satisfaction.
263
Maſters, &c. may repel Pref-
fers into the Ship.
264
Goods carried off, &c. to be
immediately deliver'd up; Pe-
nalty treble the Value.
ib.
S. 4.
ib.
Wreck. Ships ftranded.
Making Holes in the Ship, 12 An
&c. Felony.
General Iffue. Publick
St. 2.
264 °C. 18.
Act. s. 5.
265 S. 6.
This Act (of 12 Ann. St. 2.4 Geo.
C. 18.) fhall not extend to or C. 12.
affect the Jurifdiction of the S. 2.
Admiralty Court of the Cinque
283
Ports.
Yarn. See Wool.
FINI S
ERRATUM.
In the Act of 13 Geo. II. C.. 4.throughout, inſtead of Mariners, read Marines.
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