Page images
PDF
EPUB
[blocks in formation]

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

contented with the proportion of victuals assigned unto him, or shall spoyle or waste them or any other necessary provision for the ship, or shall go on shore without leave, or shall committ any insolency or disorder, or be found guilty of any other crime or offence, you are to use due severity in the present punishment and reformation thereof without delay, according to the known orders and customs of the seas; and this strict course you are to cause to be duly exercised in your owne and in every other ship or vessell in the fleet," &c.

The principal laws now affecting the Naval Service will be found in the four following Acts of Parliament:

1st. 22 Geo. 2. cap. 33. (This act repeals the 13 Chas. 2. cap. 9.)

2nd. 19 Geo. 3. cap. 17.

3rd. 10 & 11 Vict. cap. 59.

4th, 10 & 11 Vict. cap. 62.

And the Queen's Regulations and Admiralty Instructions issued to the fleet in 1844.

5

CHAPTER I.

CONSTITUTION OF COURTS-MARTIAL.

Constitution of Naval Courts-Martial. Commander-inChief has not, by virtue of his Office only, Authority to call and assemble Courts-Martial. Under what Circumstances Commander-in-Chief may preside at a CourtMartial in Foreign Parts. Senior Officers of Five or more Ships detached to be empowered to hold CourtsMartial. Case of Commodore Johnstone and Captain Sutton. When it may be improper for the Second Officer in Command to preside at a Court-Martial. Commanders-in-Chief at the Home Ports may be ordered to preside at Courts-Martial. Objections made to particular Officers as Members. When Members are called upon to give Evidence. When Officers under the Rank of Post Captain may constitute a Portion of the Court. Officers receiving official Notification of Promotion. Officers promoted by Commanders-in-Chief not to sit as Members until confirmed in their respective Ranks. Lieutenants acting as Captains of rated Ships. When two or more Captains are borne on the Books of one Ship.

Officers on Half-Pay, or doing Duty as Secretaries, not eligible as Members of a Court-Martial. - Admirals must have their Flags flying at the Port where the CourtMartial is assembled. Captains must be present with their Ships to be eligible as Members. Captains of Ships lost not eligible as Members. - Position to be occupied by Captains of the Fleet and Commodores of the First Class when attending as Members. Cases where the Attendance of Members may be excused.-Officiating Judge-Advocate

[ocr errors]
« EelmineJätka »