No. XXXVIII. Form of Warrant to be issued by the Commander-in-chief to empower the Commander ERRATA. Page 94. line 17., for "and" read "are." 107. delete "24th "in line 11., and supply it in line 13. 108. after line 10. from bottom, add "the 24th article of those who abet others in the embezzlement of stores;" 122. delete the second foot note. 151. note, for "XVI." read " XV." 154. note, for "I." read "XI." ON THE LAW AND PRACTICE OF NAVAL COURTS-MARTIAL. INTRODUCTION. Government of the Navy in former times. - Instructions issued by H. R. H. the Duke of York to Sir John Mennds in June, 1661. —Principal Laws now affecting the Naval Service. It was not until 1661 that the legislature enacted special laws for the government of the Royal Navy, which had existed for upwards of 170 years before that period. In the second year of the reign of Richard II., when merchants and the Cinque Ports provided the sovereign with ships for war purposes, an Act of Parliament was passed, awarding a penalty of one year's imprisonment, and forfeiture of double the amount of wages received, for those mariners who "flee out of the service without license of the admirals or of their lieutenants." B By subsequent Acts, this crime was made punishable as felony, to be tried by the Lord-Admiral, or his deputies, or the justices of the peace in the county where the offence was committed. With the exception of desertion, all offences against the discipline of war were punished in former times according to the orders of the King in council, and even of the Admirals of England; but the declaration which had been made in the reign of Charles I., against the exercise of this prerogative, occasioned that authority to receive the sanction of Parliament by the Act 13 Chas. 2., cap. 9.: that Act was a general collection of the ordinances in use before, and may be considered as the foundation of martial law. Prior to the passing of the Act 13 Chas. 2., all complaints made against persons in the fleet were referred for investigation to two or three of the senior officers, whose decisions were to be founded on the "usages of war." The authority of these courts was defined and confirmed by this Act; they became legalised tribunals, with power to examine witnesses on oath; the crimes of which they might take cognizance, and the punishments to be inflicted on offenders, were clearly laid down: thus the social condition of both officers and men was raised to a proper standard; the law was exhibited in each ship, and read to the crew at certain times; the rules of discipline and war were condensed in a plain Act of Parliament, so that every man might know the laws to which he was amenable, and the consequences that would accrue to him for a breach of those laws. The following extract of instructions issued by H. R. H. the Duke of York, in June, 1661, to "Sir John Mennds, Knight, Captain of His Majesty's ship the 'Henry,' and Vice-Admiral and Commander-in-Chief of His Majesty's Fleet in the Narrow Seas," &c., may be of interest to the reader : "First, above all things, You are to provide that God be duly served twice every day in His Majesty's sayd ship, and in every other ship's company under your charge, according to the usuall prayers and liturgy of the Church of England. "Secondly, You are to take care that all men employed under your command in this expedition, live orderly and peaceably together; and to cause every captain, master, and other officer, belonging to every ship and vessell in the fleet, faithfully to perform the duty of his place. And if any seaman or other in your ship shall commit murther or manslaughter, you shall send him in safe custody to the next gaole, where he is to be received and kept in safety, as the keepers will answer the contrary at their perills, untill he shall have his tryall according to law. And if any shall raise faction, tumult, or conspiracy, or shall quarrell, fight, or draw blood, or weapon to that end, or shall be a common swearer, blasphemer, railer, drunkard, pilferer, or sleep on his watch, or make noise, or not betake himself to his place of rest after the watch is sett, or shall not keep his cabin cleanly, or be dis |