Page:Ruffhead - The Statutes at Large - vol 7.djvu/653

 A. ty, 1756. Anno vicefimo nono Georgii II. C 6. 633 being adtually entered as a Marine in any Company, lift himfelf in any other Company, Troop <"■ '"'^ '" ""^ or Regiment, in his Majefty's Service, without lirft having a Dilcharge in Writing from the Officer ™'«''^^<=g">'en^ commanding in Chief the Company ih which he laft ferved as a Marine ; or (liall be found fleeping or/haii be upon his Port, or fliall leae it before relieved-; or fliall hold Correfpondence with any Rebel, or Ene- ^°""'i deeping my of his Majefly, or give them Advice or Intelligence of any Kind, by. any Ways or Means, or in po'fj°'Q^'j[^iJi '^'^ or more of the CommilFioners for executing the Office of Lord Higls nuum^i ui kj/hui ai uuui lui nic ^^(,,3,1 ,^,.j,^^ time being; or fliall ffrike or ufe any Violence againlt his fuperior Officer, being in the Execution of ordifohc-y his' his Office; or fhall dilbbey any lawful Command of his fuperior Officer; all and every Perion and {""Fx^rio'" officer; Perfons fo offending in any or either of the Matters before-mentioned, on Shore, in any Part of this Death"or'fuch Kingdom, or Ireland^ or any of his Majeify's Dominions beyond the Seas, fhall fufter Death, or fuch Puniniment as other Punifhment as by a Court-martial fliall be infli(5ted. a Court-maniai n. And be it further enaded by the Authority aforefaid. That it fliall and may, from time to ^he LwdHigh time, during the Continuance of this A6t, be lawful to and for the faid Lord High Admiral, or three Admiral, &c. ' or more of the faid CommifTioners for executing the faid Office of Lord High Admiral for the time 'Z'^v g'".^"' ^ being, to grant a CommifFion under his or their refpedfive Hand or Hands, to any Officer of Marines i,oidGenerli" in his Majefty's Service, not under the Degree of a Field Officer, for the holding a General Court-mar- Courts-martial, tial at any Place or Places on Shore in this Realm, or in Ireland, or in any of his Majefly's Dominions *'^' beyond the Seas ; in every of which Courts-martial, all or any of the Offences aforefsid, and all or any other of the Offences herein after fpecified, fhall be tried'arid proceeded againfl in fuch Manner, as by this Aft is diredfed. ni. And be it enadfed, That it fliall and may be lawful to and for fuch Courts-martial refpedfive- Courts-martiai ly, by their Sentence or Judgement, to infhdf corporal Punifhment, not extending to Life or Limb, ""ay infii-t Cor- on any Alarine, for Immorality, Misbehaviour, or Negledl of Duty on Shore, in any Place or Places J^°J"n J fo","'^„",^^. within this Realm or Ireland^ or any of his Majefty's Dominions beyond the Seas, during the Conti- raiities, &c. nuance of this Adf. IV. And be it further enadled by the Authority aforefaid. That it fliall and may be lawful to and tire 4dmMa?ty for the faid Lord High Admiral, or three or more of the Commiflioners for executing the faid Offxe of impowered to Lord High Admiral, at any Time during the Continuance of this Adt, to make and eftablifh Rules and ""^e Aiucies Articles in Writing under his or their refpedtive Hand or Hands, for the Punifliment of Mutiny and cf^fminy'^nT' Defertion, Immorality, Misbehaviour, and Negledt of Duty, in any of his Majefly's Marine Forces, Defertion., &c. while on Shore in any Part of this Realm, or Ireland, or any of his A'lajefty's Dominions beyond the Seas, and for bringing Offenders againft the lame to Juftice ; and to eredt and conftitute Courts-martial '"fg ccum-' with Power to try, hear and determine, any Crimes or Offences fpecified in fuch Rules and Articles, and martial, infiidl Puniftiments by Sentence or Judgment for the fame, according to the true Intent and Cleaning of ■ this Adf. V. Provided always. That no Perfon or Perfons fhall be adjudged to fuffer any Punifliment ex- None to i^e ad- tending to Life or Limb, by the faid Rules and Articles, within the Kingdom of Great Britain or 7;^- J^^S? <'i-''f« land, except for fuch Crime or Crimes as is or are exprelTed to be fo punifhable by this Adt. forc'dmes"ex- ■ VI. And it is hereby further enadled and declared. That no General Court-martial, which fhall have preffed to be fo Power to fit by virtue of this Adf, fliall confift of a lefs Number than thirteen, whereof none to be un- ■'|""'?i^ ^^ derthe Degree of a Commiffion Officer of Marines; and the Prefident of fuch Court-martial fliall not ceneraicourt- be under the Degree of a Field Officer of Marines, unlefs where fuch Field Officer cannot be had, in martial 10 con- "which Cafe, the Marine Officer next in Seniority to fuch Field Officer, not being under the Degree of a "^'^ °' 13' '■""' ■ Captain, flnall prefide at fuch Court-martial ; and that fuch Court-martial fliall have Power and Autho- he Fi^eiVof-" rity, and are hereby required, to adminifter an Oath to every Witnefs, in order to the Examination or r.cer, or or- Trial of any of the Offences that fhall come before them. ficernext in VII. Provided always. That in all Trials of Offenders by General Courts-martial, to be held by undeTtte De- virtue of this Adt, every Officer prefent at fuch Trial, before any Proceedings be had thereupon, gree of a Cap- fliall take the following Oaths upon the holy Evangelifts, before the Court, and Judge Advocate,"'";., . ,, or his Deputy (who are hereby authorized to adminifter the fame) in thefe Words ; that is to fay, an^Oat'ii to V/iineffes. 'Y OTJ Jhall tvell and truly try and deier?niiie according to the Evidence which jhall be given in the Mattcr'^^^^'^'^°'° tiow before you, betiveen our Sovereign Lord the King's Majejly, and the Prijoner to be tried: So help you God. /A. B. do fzvear. That I will duly adminijler Juftice according to an A£l of Parliament tmu in Force for the Regulation of his Mqjcjifs Marine Forces zuhile on Shore, and according to the Rules and Articles made in purfiiance of the faid Aci of Parliament for the Punifiment of Mutiny and Defertion, and other Crimes therein refpc£lively mentioned, without Partiality, Favour or Affection and if any Doubt Jhall arifc [which is not explained by the faid Acl of Parliamc7it, or the faid Rules and Articles) according to my Confcience, the be ft of my IJnderflanding, and the Cuftofn of JVi.r in the, like Cafes. And I further fwear. That I tuill not dlviilg£ the Sentence of the Court until it fliall be approved by the Lord High Admiral, or three or more of the Commlf- f oners for executi?ig the Office of Lord High Admiral of Great Britain ; neither will I upon any Account at any Time ivhatfoever, difclofe or difcover the Vote or Opinion of any particular Member of the Court-martial, u?i- lefs required to give Evidence thereof as a IVitnefs, by a Court of Juftice in a due Courfe of Law. So help me God. Vol.. VII. 4 M, Arid