Page:Ruffhead - The Statutes at Large - vol 3.djvu/408

360 Ci iii,' Anno vicefimo fecundo & tertio Caroli II. A. D. 1670. . War, or the Commanders of any other Efiglijh^ Ships, to feize fuch Ships or Mafters fo ofFending, accor- ding to the faid Procefs in fach Cafe to be iffued, and the fame to bring or fend in Cuftody into any Ports of his Majefty's Dominions, there to be proceeded againft according to the Intent and Meanint^ of this Aft. _ ° . VI. Provided, That none be hereby encouraged to violate the Rights of the Ports of any Foreign Prince or States in Amity with the King's Majefty. Penalty for Vll. And be it further enafted by the Authority aforefaid. That if the Mariners or inferior Officers of Marinevsrtfu- ^j^^ Englijh Ship ladcn with Goods and Merchandizes as aforefaid, fhall decline or refufe to fight and de- ingto s . ^^^^^ j,^^ Ship, when they (hall be thereunto commanded by the Mailer or Commander thereof, or fhall utter any Words to difcourage the other Mariners from defending the Ship ; That every Mariner who fhall be found guilty of declining or refufing as aforefaid, fhall lole all his Wages due to him, together with fuch Goods as he hath in his Ship, and fufFer Imprifonment, not exceeding the Space of fix Months, and fhall during fuch Time be kept to hard Labour for his or their Maintenance. Where the Ml- VIII. Provided always, That if any Ship fhall have been yielded as aforefaid, contrary to the Will and '*"i(i V'TshI " Endeavour of the Matter or Commander, by the Difobedience of the Mariners, teftified by their having there he is '^' ^^^ violent Hands on him ; that in fuch Cafe the Mafter or Commander fliall not be liable to the Sentence excuied. of Incapacity as aforefaid, nor to any Aftion for the Loffes fuftained by the Merchants, unlefs he fliall have received back from the Takers thereof, his Ship, or fome Recompence, Gift or Reward as aforefaid. Penalty for the jx. And be it further ena£bed by the Authority aforefaid, That every Mariner who fhall have laid vio- Manncrs_t^ojora: jgj^^ Hands on his Commander, whereby to hinder him from fighting in Defence of his Ship and Goods Shki, Felony. '^ committed to his Trufl:, fhall fufFer Death as a Felon. When any offi- -^- ^^^ fof the better Encouragement to Captains, Mafters, Officers and Seamen, to defend their Ship; ters or Seamen M Be it enafted by the Authority aforefaid. That when any Engltjh Ship fliall have been defended by are woanJed in Fight, and brought to her defigned Port, in which Fight any of the Officers or Seamen fliall have been Defence of their wounded, It fhall and may be lawful to and for the Judge of his Majefty's High Court of Admiralty, or his Ship.^Provifion Surrogate, or the Judge of the Vice- Admiralty v/ithin which the Ship fliall arrive at her Return, upon Pe- MTintcnalice."' tition of the Mafter or Seamen of fuch Ship fo defended as aforefaid, to call unto him fuch and fo many Seamen maimed ^s he fhall be informed to be Adventurers or Owners of the Ship and Goods fo defended, and by Advice iii Fighting with them to raife and levy upon the refpective Owners and Adventurers, by Procefs out of the faid Court, againft Pirates, fuch Sum or SuiTis of Money, as himfelf with the major Part of the Adventurers or Owners then prefent provided for by {jj^n juJge reafonable, not exceeding the Value of two -per Cent, of the Ship and Goods fo defended, ac- B eo. I. c. 24. (^Q^ijipg (.Q [jjg j^^{]. Qq^ of the Goods, to be made appear by the Invoice (which the Owner, or his FaiSor or Correfpondent, is hereby required to produce) or by the Oath of the faid Owner, Factor or Correfpon- dent, if thereunto required ; (3) which Money fo raifed fhall be paid unto the Regifter of the faid Court, who fhall receive for the fame, three Pence in each Pound, and no more, thence to be diftributed amongft the Captain, Mafter, Officers and Seamen of the faid Ship, or Widows and Children of the Slain, ac- cording 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 heft 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 fliall have been wounded or maimed. The Benefit they XI, And in Cafe the Company belongeth unto any EngliJ}) Merchant-Ship fhall happen to take any takinVa^SMp ^ Ship, which Ship fhall firft have afTaulted them, the refpeftive Officers and Mariners belonging to the fime that (hall affault fliall after Condemnation of fuch Ship and Goods, have and receive to their own proper Ufe and Benefit tfiem. fuch Part and Share thereof, as is ufually praflifed in private Men of War. Felony for any ' XII- And whereas it often happeneth that Mafters and Mariners of Ships having enfured or taken upon Officer or ctlier ' Bottomary, greater Sums of Money than the Value of their Adventure, do wilfully caft away, burn, or Perfon wilfully < othcrwifc deftToy the Ships under their Charge, to the Merchants and Owners great Lofs ;' {z) for I'jjjp"^ ^"^ ^^'^ Prevention thereof for the future. Be it enafted by the Authority aforefaid. That if any Captain, Mafter, Mariner, or other Officer belonging to any Ship, fliall vi^ilfully caft away, burn, or otherwife deftroy the Ship unto which he belongeth, or procure the fame to be done, he fliall iuffer Death as a " Felon. ^ivTfor S* ■^^^•^' "^"^ ^^^ ^"^^ httttv Encouragement of Building good and defenfible Ships, Be it enadied. That all fn^RuoT Ships.' "'^ every Perfon or Perfons, that fhall within the Space of feven Years from and after the firft of May next enfuing build or caufe to be built, within any of his Majefty's Dominions, any Ship or Veffel of three Decks, with a Forecaftle, and five Foot between each Deck, mounted with thirty Pieces of Ordnance at Icaft, and other Ammunition proportionable, fliall for the firft two Voyages which the faid Ship or Ships make from his Majefty's Dominions to any foreign Part, have and receive to his and their own proper Ufe and Benefit, on.- tenth Part: XIV. And all Perfons that fliall build any Ships of two Decks, above three hundred Tons, and thirty Guns, fnall have one twentieth Part of the Cuftoms that fnall be paid to his Majefty for all fuch Goods or Merchandizes as fhall be exported or imported on the faid Ship or Ships, to and from this Kingdom : Farther Tn'jiji- And the Commiffioners and OfficiTS of his Majefty's Cuftoms are hereby impowered and required to pay or,^ concern,;,^ the fame to the Ov/ner or Owners of the faid Ship or Ships accordingly. Ships ar.tfS^ainei, r r o } I j-' i- r. 18. 4 6f ; ^/;n. f. 20. 6 Amu r. 3;'. iAnn.c.if, 10 Atiii. c, ij, ti Ann. fiat. 2, c. 1^, 3 G«. i. r. ,1 3. 4 C«. i, c. 12. 7 G«."l. . c. 21 ■ Gt'^ I. c. 17 &f ij., II Geo. I. c. 2g. 3 Geo. 2. f. 36. 5 Geo. 2. c. 20. 6 Geo. 2. f, 29. 7 Geo. 1. c. 15. 9 Geo. 2. c. 25. 10 Geo. 2. e, 14, 14 CfO 2. ^g. i7Cm.2. f.34SF'36. iS Ceo. 2, c. 17 ©" 3 1. ig Geo. i. c, 30, ao G«o. 2i c. 24 Sf 45. 22 Geo, 2. f. 3 Sf 33, 26 Geo. z. c. 25. 29 Ceo. a. c. a7 & 34. 32 Geo, 2. c. 16 C5' 25. 33 G«. z. c, 19. CAP.