646 
JS A 
rebellion, and for the fuppreffion of fuch mutiny and re¬ 
bellion ; and 37 Geo. III. c. 70, (laft continued by 4.7 
Geo. III. c. 15.) making it felony without clergy to at¬ 
tempt to feduce feamen (or foldiers) from their duty.] 
21. Any perfon finding caufe of complaint of the un- 
wliolefomenefs of victuals, or upon other juft ground, he 
fhall quietly make the fame known to his fuperior, who, 
as far as he is able, fhall caufe the fame to be prefently 
remedied ; and no perfon upon any fuch or other pretence 
fhall attempt to ftir up any difturbance, upon pain of fuch 
punifhment as a court-martial fhall think fit to inflidt. 
22. Any perfon ftriking any his fuperior officer, or 
drawing or offering to draw or lift up any weapon againft 
him, being in the execution of his office, fhall fuffer death. 
And any perfon prefuming to quarrel with any his fupe¬ 
rior officer, being in the execution of his office, or dif- 
obeying any lawf ul command of any his fuperior officer, 
fhall fuffer death, or fuch other punifhment as fhall be 
infiidted upon him by a court-martial. 
23. Any perfon quarrelling or fighting with any other 
perfon in the fleet, or uiing reproachful or provoking 
fpeeches or geftures, fhall fuffer fuch punifhment as a 
court-martial fhall impofe. 
24. There fhall be no wafteful expenfe or embezzle¬ 
ment of any powder, fhot, Sec. upon penalty of fuch pu- 
nilhment as by a court-martial lhall be found juft. 
25. Every perfon burning or fetting fire to any maga¬ 
zine, or ftore of powder, fhip, See. or furniture there¬ 
unto belonging, not then appertaining to an enemy, fhall 
fuffer death. 
26. Care is to be taken that through wilfulnefs or neg¬ 
ligence no fhip be ftranded, run upon rocks or fands, or 
fplit, or hazarded; upon pain of death, or fuch punifh¬ 
ment as a court-martial fhall deem the offence to de- 
ferve. 
27. No perfon fhall fleep upon his watch, or negligently 
perform his duty, or forfake his ftation; upon pain of 
death, or fuch punifhment as, &c. 
2S. Murder; and 
29. Buggery, or fodomy ; fhall be punifhed with death. 
30. Robbery fhall be punifhed with death, or otherwil'e 
as a court fhall find meet. 
31. Every perfon knowingly making or figning, or 
commanding, counfelling, or procuring, the making or 
figning, any falfe mufter, fhall be cafhiered, and rendered 
incapable of further employment. 
32. Provoft-marfhal refilling to apprehend or receive 
any criminal, or fuffering him to efcape, fhall fuffer fuch 
punifhment as a court-martial fhall deem him to deferve. 
And all others fhall do their endeavours to detect and 
apprehend all offenders, upon pain of being punifhed by 
a court-martial. 
33. If any flag-officer, captain, commander, or lieute¬ 
nant, fhall behave in a fcandalous, infamous, cruel, op- 
preffive,or fraudulent, manner, unbecoming his character, 
he fhall be difmifled. 
34. Every perfon in adtual fervice and full pay, guilty 
Of mutiny, defertion, or difobedience, in any part of his 
majefty’s dominions on-fhore, when in adtual fervice rela¬ 
tive to the fleet, fhall be liable to be tried by a court- 
martial, and fuffer the like punifhment as if the offence 
had been committed at fea. 
35. Every perfon in adlual fervice and full pay, com¬ 
mitting on-fhore, in any place out of his majefty’s do¬ 
minions, any crime punifhable by thefe articles, fhall be 
liable to be tried and punilhed as if the crime had been 
committed at fea. 
36. All other crimes not capital, not mentioned in this 
afl, fhall be punifhed according to the laws and cuftoms 
ufed at fea. No perfon to be imprifoned for longer than 
two years. 
Court-martial not to try any offence (except under the 
5th,'34th, and 35th, articles) not committed upon the 
main fea, or in great rivers beneath the bridges, or in any 
haven, &c. within the jurildktion of the admiralty, or by 
V Y. 
perfons in adtual fervice and full pay, except fuch perfons 
as mentioned in 5th article ; nor to try a land-officer or 
foldier on-board of a tranfport-fliip. The lord high ad¬ 
miral, &c. may grant commiffions to any officer com¬ 
manding in chief any fleet, See. to call courts-martial, 
confifting of commanders and captains; and, if the com¬ 
mander-in-chief fliall die or be removed, the officer next 
in command may call courts-martial. No commander-in- 
chief of a fleet, Sec. of more than five fhips, fliall prefide at 
any court-martial in foreign parts, but the officer next in 
command fhall prefide. If a commander-in-chief fhall 
detach any part of his fleet, Sec. he may empower the 
chief commander of the detachment to hold courts-mar¬ 
tial during the feparate fervice. If five or more fhips fhall 
meet in foreign parts, the fenior officer may hold courts- 
martial and prefide thereat. Where it is improper for the 
officer next to the commander-in-chief to hold or prefide 
at a court-martial, the third officer in command may be 
empow’ered to prefide at, or hold, the fame. No court- 
martial fhall confift of more than thirteen, nor lefs than 
five, perfons. Where there fhall not be lefs than three, 
and yet not fo many as five, of the degree of a poft-cap- 
tain or fuperior rank, the officer who is to prefide muft 
call to his affiftance as many commanders under the degree 
of a poft-captain as together with the poft-captains fliall 
make up the number five, to hold the court-martial. 
Proceedings fliall not be delayed, if a fufficienf number 
remain to compofe the court, which fliall fit from day to 
day (except Sunday) till fentence be given. 
The judge-advocate, and all officers conftituting a 
court-martial, and all witnefles, fhall be upon oath. 
Perfons refufing to give evidence may be imprifoned. 
Sentence of death within the Narrow Seas (except in cafe 
of mutiny) fhall not be put in execution till a report be 
made to the lord high admiral, Sec. Sentence of death 
beyond the Narrow Seas fliall not be put in execution 
but by order of the commander-in-chief of the fleet, Sec. 
Sentence of death in any fquadron detached from the 
fleet, fhall not be put in execution (except in cafe of 
mutiny) but by order of the commander of the fleet, or 
lord high admiral, Sec. And fentence of death pafled in 
a court-martial, held by the fenior officer of five or more 
fhips met in foreign parts, (except in cafe of mutiny,) 
fhall not be put in execution but by order of the lord 
high admiral, Sec. 
The powers given by the faid articles fliall remain in 
force with refpedt to crews of fhips wrecked, loft, or de- 
ftroyed, until they be difebarged or removed into another 
fhip, or a court-martial fliall be held to inquire of the 
caufes of the lofs of the fhip. And if upon inquiry it 
fhall appear, that all or any of the officers and feamen did 
their utmolt to fave the fhip, and behaved obediently to 
their fuperior officers, their pay fliall go on ; as alfo fliall 
the pay of officers and feamen taken by the enemy, having 
done their beft to defend the fhip, and behaved obediently. 
If any officer fliall receive any goods on-board, contrary 
to the 18th article, he fhall further forfeit the value of 
fuch goods, or 500I. at the eledlion of the informer; half 
to the informer, and half to Greenwich Hofpital. 
By flat. 31 Geo. II. c. 10. § 33. a competent number of 
printed copies of the above Articles of War are to be de¬ 
livered to the captain or commander of every fhip or 
veflel; who is to caufe them to be hung up and affixed to 
the mod public places of the fhip, and to have them con- 
ftantly kept up and renewed, fo that they may be at all 
times acceffible to the inferior officers and feamen on¬ 
board : and likewife to obferve that fuch abftradfs be 
audibly and diltindtly read over, once in every month, in 
the prel’ence of the officers and teamen, immediately after 
the Articles of War are read. And by 32 Geo. I’ll. c. 67, 
abltrafts of the feveral adds relating to the pay, &c. of the 
feamen are to be hung up 011-board all fhips, Sec. in likb 
manner as the Articles of War. 
Some doubts having been entertained in the time of 
William III. whether the commiffioners of the admiralty 
3 had 
