June 1659: An Act for lmpresting of Sea-Men.

June, 1659

[28 June, 1659.]

Power to Council of State to press seamen for Navy.; Conductmoney.; Wages and entertainment.; Penalty for refusal to be pressed.

Whereas in this time of Action the Affairs of the Commonwealth require that there should be sufficient and full numbers of Seamen for the timely furnishing and setting forth of the Fleets to Sea for Publique Service, Be it therefore Enacted by this present Parliament, and by the Authority of the same, That the Councel of State, or Commissioners for Ordering and Managing of the Affairs of the Admiralty and Navy, or the Generals of the Fleet, or the Commissioners of the Navy, shall hereby have power within the Commonwealth of England, and Dominions thereof, at any time or times from the Five and twentieth day of June, One thousand six hundred fifty nine, by their Commissioner or Commissioners, Officer or Officers Authorized thereunto by Warrant under their or any of their Hands and Seals, to Raise, Leavy, and Imprest, such and so many Mariners, Sailors, Watermen, Chirurgions, Gunners, ShipCarpenters, Cawkers, Coopers, Hoymen or Carmen, for Carriages of Provisions as also Ships, Hoys and other Vessels, as shall be requisite and necessary for the Service, paying Reasonable Rates for the same whilst Imployed in the Service of this Commonwealth: And the said Mariners, Sailors, and such other Persons so to be Leavied and Imprested as aforesaid, and every of them, shall have paid and delivered to him or them upon his or their Impresting, by the person that shall so Imprest him, for Conduct money for every mile from the place where he shall be so Imprest, to the Ship or place where he shall be appointed to make his repair, the Sum of one peny half-peny per mile, and the like sum of One peny half-peny for every mile, from the place of his Discharge, unto the place of his abodeand shall be allowed for his Service the same Wages and Entertainments in all respects, which is allowed by the Parliament to any such person or persons imployed in the same Service, according to their respective Places: And if any Mariner, Sailor, Waterman, Chirurgion, Gunner, Ship-Carpenter, Cawker, Hoy-man or Carman shall refuse to be Imprested, in and for the said Service, or shall hide or absent himself at the time of the Press, to avoid the said Service, he or they shall be Committed to Prison, and there remain for the space of Six Moneths, unless the Councel of State, or Commissioners for Ordering and Managing the Affairs of the Admiralty and Navy, or the Generals or Commissioners for the Navy shall see cause to release them.

Instructions to imprested seamen.; Pain of death for desertion or removal without license.; Directions for trial of maritime offences.

And be it further Enacted by the Authority aforesaid, That all and every Mariner and Seaman that shall be Imprest, and receive Imprest or Conduct-Money, or shall be retained or received into the hire or Service of this Commonwealth, to serve in any part of the Fleet or Navy, or Ship or Ships of this Commonwealth, shall be bound, and is hereby required to appear personally at such place and time, as by Tickets delivered to every such Mariner or Seaman, under the hand of the person thereto Authorised, shall be set down, nominated and appointed, and shall make his or their personal and speedy repair to such Ship and Ships respectively, as he and they shall be directed and ordered unto, and go on board such Ship accordingly, and to continue on board the said Ship, and do and perform his service therein, without either withdrawing or absenting him or themselves from such Ship and Ships, or removing from one Ship to another, without License in writing thereto obtained, upon pain of death; And all and every such offence and offences shall be by virtue of this Act, tryed before the Judges of the Admiralty for the time being, and their Associates Commissioners of Oyer and Terminer for tryal of Maritime offenders, upon directions in writing sent unto them from the Councel of State, for the tryal of all and every such person and persons as shall be proceeded against for his or their lives by virtue of this Act.

Judgment of death.

And thereupon, the said Judges of the Admiralty and their Associate Commissioners aforesaid, by virtue of this Act are Authorized and Required to hear and determine the said offences, and to arraign and try all such criminous delinquents for the Matters in this Act contained; And being found guilty, to give Judgment of Death upon them respectively for the same, and to cause execution thereof to be done according to the usual course and forms of criminal Tryals, before the said Judges and Commissioners in cases of Maritime Delinquency: And for all and every such person or persons offending in the Premises, as shall not by such directions in writing from the Councel of State be directed to be tryed before the said Judges of the Admiralty and their Associates as aforesaid, they and every of them shall stand committed to Prison as aforesaid there to remain by the space of six Moneths without Bail or Mainprize.

Pain of death for resistance to press-men.; Trial for such offence in like manner as above directed.; Assistance.; Penalty for bribery and corruption.; Persons excepted from this Act.

And be it likewise Enacted. That all and every person and persons that shall oppose or resist any of the Officers intrusted for Impresting as aforesaid, in their execution of that service, or abet or set on any others so to do, shall for the same offences incur the penalty of death, and be tryed and adjudged, and executed in manner and form aforesaid, by, and before the Judges of the Admiralty and their Associates, upon like directions in writing to be sent unto them from the Councel of State; And if no such directions shall be sent for their tryal by the Councel of State, that then nevertheless they the said Offenders respectively stand Committed to Prison without Bail or Mainprize for the space of six Moneths. And all Justices of the Peace, Mayors, Bayliffs, Constables, and all other Officers are hereby required and enjoyned to be aiding and assisting from time to time to the Persons authorized by virtue of this Act, for the better putting in Execution the same, according to the true intent and meaning thereof. And in case any Person or Persons imployed, or to be imployed in the Impresting of any Mariner, Saylor, Waterman, Chirurgion, Gunner, Ship-Carpenter, Hoy-man, or Carman, shall directly or indirectly take or receive any Money, Gratuity, or Reward, for presting, changing, sparing or discharging of any Person or Persons so Imprest, or to be Imprested as aforesaid: All and every such Person so offending against this Act, shall forfeit and pay the sum of ten pounds for every such offence, the one Moyety thereof to the use of the Commonwealth, and the other Moyety to the use of such Person or Persons who shall sue for the same in any Court of Record. Provided always, That this Act shall not extend to the presting any Master, Masters-mate, Gunner, Carpenter or Boatswain, of any Ship or Vessel that is or shall be in imployment.

Mariners and watermen, etc., exempt from land-service.

And lastly, for the further and better incouragement of Seamen and Watermen, to apply themselves the more willingly to the Service, It is further Enacted and Ordained by this Present Parliament and the Authority thereof, That all Mariners, Saylors, and likewise all Watermen, who have served an Apprenticeship by the space of seven years in their said professions, or that are Servants and Apprentices by Indenture to any such Waterman, shall be, and are hereby freed and exempted from being prested to serve as Soldiers in any Land Service. Provided that no Seaman or Waterman above the age of fifty, or under the age of fifteen years, shall be Imprested by virtue of this Act.

Provided, That this Act shall continue and be in force, until the first day of December, One thousand six hundred fifty nine, and longer.