An Act to revive an Act, Entituled An Act to prevent the disturbances of Seamen and others, and to preserve the Stores belonging to his Majestyes Navy Royall, with some Alterations and Additions (1670)
| Artifact Summary | |
|---|---|
| Artifact type | Statute |
| Creator/author | Parliament of England |
| Date | 1670 |
| Period | Stuart |
| City and country of origin | |
| Abstract | |
Entry
[Statutes of the Realm, Vol. V (1625-1680), Anno 220 CAROLI, II. A.D.1670, CHAPTER XXIII.]
AN ACT to revive an Act, Entituled An Act to prevent the disturbances of Seamen and others, and to preserve the Rot . Parl . 22 & 23 Stores belonging to his Majestyes Navy Royall, with some Alterations and Additions
WHEREAS
HEREAS at a Session of this present Parlyament holden at Westminster the eighteenth day of September One thousand six hundred sixty and six An Act of Parlyament was made Entituled, An Act to prevent the disturbances of Seamen and others, and to preserve the Stores belonging to his Majestyes Navy Royall; which was to continue two yeares from the first of February One thousand six hundred sixty and six, and from thence to the end of the next Session of Parlyament, which is already past, and the time for the continuance of the said Act expired. And whereas the said Act is by experience found to be of necessary use and fitt to be revived and continued, in all the matters therein contained, except as is hereafter excepted. Bee it therefore enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and of the Comons in Parlyament assembled and by the Authoritie of the same That the said Act of Parlyament and all and every the Clauses, Sentences and Articles therein contained, (excepting one Clause in the said Act contained, whereby it is enacted That noe Ordinary, Register, or other Officer belonging to any Ecclesiasticall Court or Court of Orphans, or any Jurisdiction whatsoever within the Kingdome of England, Dominion of Wales or Towne of Berwicke upon Tweede shall take or receive of the Executor or Administrator, Executors or Administrators of any Mariner or Souldier dyeing in the Pay of his Majestyes Navy dureing this present Warr, above the Summe of Twelve Pence for the Probate of any Will, registring the same, granting Letters of Administrations, exhibiting any Inventory, or for any other matter or thing relateing thereunto; together with such Forfeitures and Penaltyes as is therein expressed, for the Defaults and Transgressions therein mentioned) shall by vertue of this Act be revived and continued, and have the full force and vertue of a Law dureing the continuance of this Act
And whereas diverse ill disposed persons upon pretence of carrying his Majestyes Navall Goods, Provisions Victualls Stores and Ammunition from his Majestyes Yards, Wharfes, Storehouses or other places to his Majestyes Ship or Ships, or to such Shipp or Shipps as are employed in his Majestyes Services, or such persons as are imployed to recarry or remove from the said Ship or Ships such Navall Goods, Provisions, Victualls, Stores and Ammunition to [such2] his Majestyes Yards, Wharfes, Storehouses or other places doe frequently imbezill, take, and carry them away where they cannot be found, and remove themselves to places unknowne before they can be convicted by due processe of Law, by reason that those Witnesses that should prove the said Facts are bound
• annexed to the Original Act in a separate Schedule
interlined on the Roll
C. II. p. 2. nu. II
Recital of 18 & 19 C. II. c. 12. (19 C. II. c. 7.)
The said A&, except $5,
continued
II. Recital that divers
Persons embezzle His Majesty's Stores, and cannot
be convicted by
reason of the Absence of
Witnesses
Where the Value of
on the Stores under 20s. Treasurer, &c. convict, and impose
of the Navy may
Penalty;
forth to Sea, or otherwise imployed elsewhere. And it is found necessary that Justice be more speedily done in such cases then by ordinary course of Law it can be, Bee it therefore enacted by the authority aforesaid That the Treasurer, Comptroller, Surveyour, Clerke of the Acts and Comissers of the Navy for the time being, or any one or more of them where the value of the Goods soe imbezelled, taken or carryed away shall be under the value of Twenty shillings, shall have full power and authority upon the Oath of two or more Witnesses (which they or any of them have hereby power to administer) or confession of such party soe offending as aforesaid, or other legall proofe thereof, to convict the party or partyes soe offending, by writeing under his or any of their Hands and Seales, and to impose such Fine or Fines upon all or every such person or persons soe offending and convicted as aforesaid, as to the said Treasurer, Comptroller, Surveyour, Clerke of the Acts, and the Comissers of the Navy for the time being, or any one or more of them shall in his or their discretion seeme meete; The said Fine or Fines not exceeding double the
which may be levied value of the Navall Goods soe imbezelled, or carryed away, Which Fine or Fines shall be leavyed by distresse and sale by Distress
If not sufficient Distress, Imprisonment
Powerto Treasurer,
&c. to grant Warrant to enter
any Ship in the Day-time, and search for stolen Goods
Contents of
Warrant
In case of Resistance
the Persons deputed
may enter and break open Hatches, and
take the Goods
Proviso respecting undue Seizures
IV. Personating Seamen, &c. in the Presence of Commissioners or
Paymaster, in order to receive Money due to Seamen, &c
Punishment
Counterfeiting the Hands of the Treasurer, &c. of the Navy;
of the Goods of such Offender, by vertue of the Warrant of such Officer or Officers who shall soe convict the said Offender directed in manner aforesaid to the person or persons aforesaid, or in case noe sufficient distresse can be found, as aforesaid, the party or partyes soe offending shall by vertue of the Warrant of such person before whome such person or persons shall be convicted, be imprisoned in the next Goale for any space of time not exceeding three Moneths without Baile or Mainprize
AND bee it further enacted by the authority aforesaid That the said Treasurer, Comptroller, Surveyour Clerke of the Acts and Comissers of the Navy for the time being or any one or more of them, upon Oath of two or more credible Witnesses (which he and they have hereby power er to administer) testifying that his Majestyes Navall Goods, Stores and Navall Provisions or any part thereof are conveyed into any Shipp or Vessell whatsoever, and mentioning the name of such Shipp or Vessell being at Anchor, and not ready to saile that Tyde, within any of the Rodes, Harbours, Creekes or Rivers within his Majestyes Dominions, or any person or persons by their or one of their Warrant or Warrants, in which Warrant or Warrants the quantity or quality of such Goods shall be specifyed, thereunto authorized and appointed in the day time in the presence of any knowne Officer or Officers of the Admiralty shall have full power and authority to goe on board any such Ship or Vessell whatsoever being within any of the places aforesaid, and in case resistance or refusall be made, upon demand to enter and breake open the Hatches and Cabines or other places of the said Shipp, and search therein for any such Stores, Ammunition, Provisions or any other Navall Goods belonging to his Majestyes Navy, which have beene imbezelled, purloyned and taken away, and the same to seize, take and carry away to his Majestyes [Storehouse, to be applyed to the Kings use, unlesse the said Officers and Comisšers upon hearing the matter shall finde they were unduely seized, and thereupon restore them to the party claimeing the same, which they are hereby impowered to doe, with liberty hereby reserved to the said Party, finding himselfe agrieved with the Judgement of the said Officers or Comissers to take his remedy for his said Goods soe seized by course of Law.']
AND bee it further enacted by the authority aforesaid That whatsoever person or persons shall be discovered fraudulently to personate any Seaman Soldier, Artificer, Workeman or Labourer aforesaid, in the presence of any of his Majestyes said Officers or Comissers, or in the presence of the Paymaster or Cashier of his Majestyes Navy in order to his or their receiveing of any money due from his Majestie to the Seaman, Soldier, Artificer, Workeman or Labourer aforesaid, the person or persons soe offending [may be imediately arrested and committed to prison, by any of the said principall Officers or Cōmissers untill he or they shall finde Baile to answere the said Offence at the next Assizes, or Quarter Sessions for the County or place where he or they shall be soe arrested, and being there convicted of the said Offence,' shall for every such Offence forfeite double the Summe he would by such fraude have gained, to the Governours of the Chest at Chatham for the use of the poore and maimed Seamen belonging thereto, and shall moreover suffer Imprisonment by any space of time, not exceeding one whole yeare without Baile, at the discretion of the Court where he or they shall be soe convicted
AND bee it further enacted by the authority aforesaid That every person or persons who shall counterfeite the Hands of the Treasurer, Comptroller Surveyour Clerke of the Acts, or of the Comissers of the Navy, or of any of them, or the Hand or Hands of the Signeing or Vouching Officers of his Majestyes Navy, Ships, or Yards, or the Hand or Hands of any one or more of them, to any Bill, Ticket or other Papers, by vertue whereof his Majestyes Navall Treasure is or may be paid or disposed of, or shall knowingly produce any such counterfeite Ticket, Bill or counterfeit Ticket; other Paper, every such person or persons soe offending shall or may be lawfully comitted to prison, by the said Officers or Comissers or any one of them, untill he shall finde Surety at the next generall Assizes, or Quarter Sessions of the Peace for the County, Towne or place where such Offender shall be soe comitted to prison to be there proceeded against according to Law
or producing a
committed, or to find Surety
AND bee it further enacted by the authority aforesaid That it shall and may be lawfull to and for the said &c. of the Navy to Treasurer, Comptroller, Surveyour, Clerke of the Acts, and the Comissers of His Majestyes Navy for the time being
Power to Treasurer, administer an Oath
or [for] any one or more of them to administer an Oath or Oathes in any case or cases relateing to the receiveing, keeping, issueing and accompting for any part of his Majestyes Treasure, Victualls Stores or Provisions of his Majestyes Navy, or for the preservation of due Order and Discipline therein in all matters cognizable by the said Officers and
Comissioners
'annexed to the Original Act in a separate Schedule
interlined on the Roll
A general Liberty
And it is hereby further declared and enacted by the authoritie aforesaid That the said Treasurer, Comptroller, Surveyour, Clerke of the Acts and the Comissers of the Navy for the time being or any one or more of them given to the said may execute all and every the Powers hereby given them or any of them on all and every the Offenders aforesaid in all places aswell within Liberties as without. Any Law, Statute, Ordinance, Charter or Priviledge to the contrary notwithstanding
Treasurer, &c. to Power
execute their
Only Five Shillings to be paid for the Probate of any Will, or granting Letters
of Administration Person dying in the Payof His Majesty's Estate be of the upwards
of the Estate of any
Navy, except the
Value of £20 and
AND bee it further enacted by the authoritie aforesaid That noe Ordinary, Register or other Officer or Officers belonging to any Ecclesiasticall Court or Court of Orphans, or any Jurisdiction whatsoever within the Kingdome of England, Ireland or Dominion of Wales or Towne of Berwicke upon Tweede, shall take or receive of the Executor or Administrator Executors or Administrators (being the Wife Childe or Children or next of Kindred) of any Marriner, Souldier, Seaman or before named Artificer or Workeman (except where the deceased shall leave an Estate of twenty pounds or more) dyeing in the pay of His Majestyes Navy above the summe of five shillings for the whole Charges of the Probate of any Will and registring the same, and granting Letters of Administration, and exhibiting an Inventory, or in doeing any other matter or thing relateing thereunto, Every Officer performeing his Duty in the said Probate to have his proportion of the said Summe according as the Judge of the said Court shall direct, And if any such Officer or Officers shall presume to take more then the said summe of Five shillings for the whole Probate of the said Will, or shall wilfully delay the doeing, granting or executeing the Premisses, the person or persons soe offending shall forfeite to the party grieved the summe of Penalty £10. ten pounds, to be recovered by Action of Debt, Bill, Plaint or Information in any of his Majestyes Courts of Record or elsewhere, wherein noe Essoyne, Priviledge, Protection or Wager of Law shall be allowed, Any Law, Statute or Usage to the contrary notwithstanding
PROVIDED alwayes and it is hereby declared That noe clause, sentence or other matter in this Act contained shall repeale, alter, change or be interpreted to make void any of the clauses, matters or things specifyed or contained in one Act of Parliament made in the two and twentyeth yeare of his (now') Majestyes Raigne entituled An Act for takeing away the Benefit of Clergy from such as steale Cloth from the Racke, and from such as shall steale or imbezile his Majesties Amunicon and Stores. But that the same Act shall remaine in full force and vertue for and notwithstanding any thing herein contained
PROVIDED alsoe and bee it further enacted That all and every the Powers hereby given to any Officer or Comisser of the Navy may be exercised by the Lord High Admirall of England for the time being
PROVIDED alsoe and bee it further enacted That noe person or persons who shall be punished by vertue of this Act, shall be punished by force of any other Law for the same Offence
[PROVIDED lastly and bee it further enacted That this Act shall continue in force dureing the space of seaven yeares from the first day of June in the yeare of our Lord One thousand six hundred seaventy and one, and from thence to the end of the Session of Parlyament then next ensueing, and noe longer.2]
The Act of 22 Car. II. c. 5. confirmed
Powers given by this Act may be executed by Lord High Admiral
ΧΙ. No Double Punishment
XII. Continuance of Act
