Navy Act 1748
| Jurisdiction | UK Non-devolved |
| Citation | 1748 c. 33 |
| Year | 1748 |
(22 Geo. 2) C A P. XXXIII.
'WHEREAS the several Laws relating to the Sea Service, made at different Times, and on different Occasions, have been found by Experience not to be so full, so clear, so expedient or consistent with each other as they ought to be;' For amending and explaining the said Laws, and for reducing them into one uniform Act of Parliament; Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the twenty-fifth Day of one thousand seven hundred and forty-nine, an Act passed in 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 Navies, Ships of War and Forces by Sea ; and also so much of an Actpassed in the second Year of the Reign of King William and Queen Mary , intituled,An Act concerning the Commissioners of the Admiralty ; as directs the Form of an Oath to be taken by every Officer present, upon all Trials of Offenders by Courts-martial, to be held by virtue of any Commission to be granted by the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral; and also so much of an Actpassed in the sixth Year of the Reign of King George the first, intituled,An Act for making perpetual so much of an Act made in the tenth Year of the Reign of QueenAnne , for the reviving and continuing several Acts of Parliament therein mentioned, as relates to the building and repairing County Gaols; and also an Act of the eleventh and twelfth Years of the Reign of King Williamthe Third, for the more effectual Suppression of Piracy; and for making more effectual the Act of the thirteenth Year of the Reign of KingCharlesthe Second, intituled , 'An Act for establishing Articles and Orders for the regulating and better Government of his Majesty's Navies, Ships of War and Forces by Sea;' as relates to the Trial and Punishment of Persons who shall commit any of the Crimes or Offences mentioned in the said Articles upon the Shore, in any Foreign Part or Parts; and also so much of an Act passed in the eighth Year of the Reign of King Georgethe first, intituled,An Act for the more effectual suppressing of Piracy ; as directs the Punishment to be inflicted by a Court-martial upon any Captain, Commander or other Officer of any of his Majesty's Ships or Vessels of War, who shall receive on Board, or permit to be received on Board, any Goods or Merchandizes whatsoever, in order to trade or merchandize with the same (except the Goods and Merchandizes therein excepted) and also an Act passed in the eighteenth Year of the Reign of his present Majesty, intituled, ; and also an Actpassed in the twenty-first Year of the Reign of his present Majesty, intituled,An Act for further regulating the Proceedings upon Courts-martial in the Sea Service; and for extending the Discipline of the Navy to the Crews of his Majesty's Ships wrecked, lost or taken; and for continuing to them their Wages upon certain Conditions , shall be, and the same are hereby repealed to all Intents and Purposes whatsoever.
II. And for the regulating and better Government of his Majesty's Navies, Ships of War and Forces by Sea, whereon, under the good Providence of God, the Wealth, Safety and Strength of this Kingdom chiefly depend; Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the twenty-fifth Day ofDecember one thousand seven hundred and forty-nine, the Articles and Orders herein after following, as well in Time of Peace as in Timeof War, shall be duly observed and put in Execution, in Manner herein after-mentioned.
1 Publick Worship to be performed.
'1. All Commanders, Captains and Officers, in or belonging to any of his Majesty's Ships or Vessels of War, shall cause the publick Worship of Almighty God, according to the Liturgy of the Church ofEngland established by Law, to be solemnly, orderly and reverently performed in their respective Ships, and shall take care that Prayers and Preaching, by the Chaplains in Holy Orders of the respective Ships, be performed diligently; and that the Lord's Day be observe according to Law.
2 Penalty of profane Swearing, &c.
2. All Flag Officers, and all Persons in or belonging to his Majesty's Ships or Vessels of War, being guilty of profane Oaths, Cursings, Execrations, Drunkenness, Uncleanness or other scandalous Actions, in Derogation of God's Honour, and Corruption of good Manners, shall incur such Punishment as a Court-Martial shall think fit to impose, and as the Nature and Degree of their Offence shall deserve.
3 Penalty of holding illegal Correspondence with an Enemy;
3. If any Officer, Mariner, Soldier or other Person of the Fleet, shall give, hold or entertain Intelligence to or with any Enemy or Rebel, without Leave from the King's Majesty, or the Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, Commander in Chief, or his Commanding Officer, every such Person so offending, and being thereof convicted by the Sentence of a Court-martial, shall be punished with Death.
4 of not acquainting the superior Officer with any Message from an Enemy;
4. If any Letter or Message from any Enemy or Rebel, be conveyed to any Officer, Mariner or Soldier, or other in the Fleet, and the said Officer, Mariner, Soldier or other as aforesaid, shall not, within twelve Hours, having Opportunity so to do, acquaint his superior Officer, or the Officer commanding in Chief, with it; or if any superior Officer being acquainted therewith, shall not in convenient Time reveal the same to the Commander in Chief of the Squadron, every such Person so offending, and being convicted thereof by the Sentence of the Court-martial, shall be punished with Death, or such other Punishment as the Nature and Degree of the Offence shall deserve, and the Court-martial shall impose.
5 of Spies, and of delivering seducing Letters, &c.
5. All Spies, and all Persons whatsoever, who shall come or be found, in the Nature of Spies, to bring or deliver any seducing Letters or Messages from any Enemy or Rebel, or endeavour to corrupt any Captain, Officer, Mariner or other in the Fleet, to betray his Trust, being convicted of any such Offence by the Sentence of the Court-martial, shall be punished with Death, or such other Punishment as the Nature and Degree of the Offence shall deserve, and the Court-martial shall impose.
6 of relieving an Enemy;
6. No Person in the Fleet shall relieve an Enemy or Rebel with Money, Victuals, Powder, Shot, Arms, Ammunition or any other Supplies whatsoever, directly or indirectly, upon Pain of Death, or such other Punishment as the Court-martial shall think fit to impose, and as the Nature and Degree of the Crime shall deserve.
7 of not sending all Papers found aboard Prize Ships;
7. All the Papers, Charter Parties, Bills of Lading, Passports and other Writings whatsoever, that shall be taken, seized or found aboard any Ship or Ships which shall be surprized or taken as Prize, shall be duly preserved, and the very Originals shall by the Commanding Officer of the Ship which shall take such Prize, be sent intirely, and without Fraud, to the Court of Admiralty, or such other Court of Commissioners, as shall be authorized to determine whether such Prize be lawful Capture, there to be viewed, made use of, and proceeded upon according to Law; upon Pain that every Person offending herein, shall forfeit and lose his Share of the Capture, and shall suffer such further Punishment, as the Nature and Degree of his Offence shall be found to deserve, and the Court-martial shall impose.
8 of taking Effects out of any Prize before condemned;
8. No Person in or belonging to the Fleet shall take out of any Prize, or Ship seized for Prize, any Money, Plate or Goods, unless it shall be necessary for the better securing thereof, or for the necessary Use and Service of any of his Majesty's Ships or Vessels of War, before the same be adjudged lawful Prize in some Admiralty Court; but the full and entire Account of the whole, without Imbezzlement, shall be brought in, and Judgment passed intirely upon the whole without Fraud; upon Pain that every Person offending herein shall forfeit and lose his Share of the Capture, and suffer such further Punishment as shall be imposed by a Court-martial, or such Court of Admiralty, according to the Nature and Degree of the Offence.
9 of Stripping or ill using Persons taken on Board a Prize;
9. If any Ship or Vessel shall be taken as Prize, none of the Officers, Mariners or other Persons on Board her, shall be stripped of their Cloaths, or in any sort pillaged, beaten or evil-intreated; upon Pain that the Person or Persons so offending, shall be liable to such Punishment as a Court-martial shall think fit to inflict.
10 of not preparing for Fight, and encouraging the Men in Time of Action;
10. Every Flag Officer, Captain and Commander in the Fleet, who...
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