Page:Ruffhead - The Statutes at Large - vol 9.djvu/657

 APPENDIX. 183 Ammunition, Tackle, Furniture or Stores of fuch Ship) as (hall 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 lhall imbezle, (teal or take away any Cables, Anchors, Sails, or any of the Ships Furniture, imbezHng any or any of the Powder, or Arms or Ammunition of the Ship, upon pain of death or other puniihment, Tackles, An- as the quality of the offence (hall be found by a Court-Martial to deferve. chors ' &c> IX. If any Foreign Ship or Veffel (hall be taken as Prize, that (hall not fight or make refiftance, that in Foreign Ship» that cafe, none of the Captains, Matters or Mariners being Foreigners, (hall be (tripped of their Clothes, no^ma^inV"" or in any fort pillaged, beaten or evil entreated, upon pain, That the perfon or perfons fo offending, finance. (hall forfeit double damages ; but the faid Foreign Ships, and all the Goods fo taken, (hall be preferved intire, to receive Judgment in the Admiralty-Court, according to Right and Juftice. X. Every Captain or Commander, who upon fignal or order of fight, or view, or fight of any Ships of The duty of the Enemy, Pirate or Rebel, or likelihood of Engagement, (hall not put all things in the Ship in a. fit Captains, &c. pofture for fight, and (hall not in his own perfon, and according to his place, hearten and incourage the fi^"" 5 " Inferior-Officers and Common-men to fight couragioufly, and not to behave themfelves faintly, (hall be ca(hiered ; And if he or they (hall yield to the Enemy, Pirate or Rebels, or cry for Quarter, he or they riot to yield or lb doing (hall fuffer the pains of death, or fuch other punifhment as the offence (hall deferve. cr y for Quarter. XI. Every Captain, Commander, and other Officer, Seaman or Soldier of any Ship, Frigat or VefTel of A]1 officers War, (hall duly obferve the Commands of the Admiral, or other his Superior or Commander of any (hall obferve Squadron, as well for the affailing or fetting upon any Fleet, Squadron, or Ships of the Enemy, Pirate t f e tl cor T] an l s I or Rebels, or joyning Battle with them, or making defence againft them, as all other the Commands ° ie m " a " of the Admiral, or other his Superior Commander, upon pain to fuffer death or other punifhment as the- quality of his neglect or offence (hall deferve. XII. Every -Cap tain, and all other Officers, Mariners and Soldiers of every Ship, Frigat or Veffel of Officers that in War, that (hall in time of any Fight or Engagement, withdraw or keep back, or not come into the J™^.^ 1 Fight and Engage, and do his utmoft to take, fire, kill and endamage the Enemy, Pirate or Rebels, and ornotfigiit™^' aflift and relieve all and every of his Majefties Ships, (hall for fuch offence of Cowardice or Dif- affeftion, be tried and fuffer pains of death, or other punifhment, as the circumftances of the offence fhall deferve, and the Court-Martial (hall judge fit. XIII. The Captains, Officers and Seamen of all Ships, appointed for Convoy and Guard of Merchant- Officers and Ships, or any other, (hall diligently attend upon that Charge, without delay, according to their In- Ships appoint- ftructions in that behalf ; and whofoever (hall be faulty therein,, and fhall not faithfully perform the l^" r r ^°" v ° r ' fame, and defend the Ships and Goods in their Convoy, without either diverting to other parts or oc- cafions, or refufing or neglecting to fight in their defence, if they be fet upon or affailed, or running away cowardly, and fubmitting thofe in their Convoy to hazard and peril, or fhall demand and exact any money or other reward from any Merchant or Mailer, for Convoying of any fuch Ships or other Veffels belonging to his Majefties Subjects, fhall- be condemned to make reparation of the damage to the Merchants, Owners and others, as the Court of Admiralty (hall adjudge, and alfo be punifhed criminally, according to the quality of their offences, be it by pains of death or other punifhment, ac- Penalty for noa- cording as (hall be adjudged fit by the Court-Martial. performance. XIV. Whatfoever perfon or perfons, in, or belonging to the Fleet, either through cowardize, negligence The penalty fn or difaffeetion, fhall forbear to purfue the chafe of any Enemy, or Pirate or Rebel beaten, or flying, or not chafing an fhall not relieve or afuft a known Friend in view, to the utmoft of his power, (hall be punifhed with fjjf™^' or noc death, or otherwife, as a Court-Martial fhall find fit. Friend" 5 * XV. When at any time Service or Action fhall be commanded, no man fhall prefume to flop or put back- Service com- ward, or difcourage the faid Service and Action, by pretence of Arrears of Wages, or upon any pretence " 1, an b ;led n"" al L of Wages whatfoever, upon pain of death. or diiLur.^leJ. All