Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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7 & 8 W. III. c. 21. §5.
Whereas by an Act of Parliament made in the last Session of this present Parliament intituled An Act for the Increase and Incouragement of Seamen Itt is (amongst other things) enacted That for the Relief Benefitt or Advantage of such registred Mariners or Seamen Watermen Fishermen Lightermen Bargemen Kealmen or Seafaring Men who by Age Wounds or other Accidents shall be disabled for future Service att Sea and shall not be in a Condition to maintaine themselves comfortably and the Children of such disabled Seamen and the Widdows and Children of such of them as shall happen to be slaine killed or drowned in Sea Service so farr forth as the Hospitall in the said Act mentioned shall be capable to receive them and Revenue thereof will extend for or towards their Relief or Support and according to the Rules Order & Consitutions to be settled and provided for the said Hospital and the Government & Regulation thereof every such Seaman Waterman Fisherman Lighterman Bargeman Keelman or Seafaring Man registred and disabled as aforesaid shall upon Certificate thereof in manner as directed by the said Statute be admitted and placed in the said Hospital & shall have provided and allowed unto him dureing his Life att the Charges of the said Hospital and out of the Revenues thereof according to the Rules Orders and Constitutions to be provided and settled for the said Hospital and the Government and Regulation thereof fitting and convenient Lodging Meat Drink Clothes and other Necessaries and Conveniences and also the Widdowes of such Seamen Watermen Fishermen Lightermen Bargemen Keelmen and Seafaring Men who shall be slain killed or drowned in the Sea Service and the Children of such Seamen Watermen Fishermen Lightermen Bargemen Keelmen & Seafaring Men so slaine killed or drowned and not of Ability to maintaine or provide comfortably for themselves shall be received into the said Hospital and there be provided for and forasmuch as diverse Persons so registred and disabled as aforesaid and diverse of the Widdows and Children of such Persons so registred slain or drowned in Sea Service as aforesaid may att one and the same time stand in need of and by virtue of the said Act claime and demand the Bounties Benefitts & Advantages aforesaid in greater Numbers than the said Hospital and Revenues thereof can support and maintaine be it therefore enacted and declared by the Kings most Excellent Majesty by and with the Advice & Consent of the Lords Spiritual and Temporal & Co[m]mons in this present Parliament assembled That for the avoiding all Partiality and Favor whatever all and every such Person or Persons who by virtue of the said Act are intituled to the said Provisions Allowances and Advantages in the said Hospital and out of the Revenues thereof in manner as aforesaid shall from time to time be placed in and received into the said Hospital upon Certificates to be had and produced in manner and forme as by the said recited Act is directed in Succession one after another as the Person registred shall be and appeare in Course and Order of time to be upon the Registry Book of Seamen in the said recited Statute mentioned and the Widdows & Children of the Person longest registred always to be preferred and admitted into the said Hospital and the Benefitts therein to be imployed as aforesaid before the others.
II. Seaman, &c. bringing a Certificate of his Abode, &c. according to 7 & 8 W. III. c. 21. § 9. may be registered and entitled to the Benefits of that Act.
And be it further enacted by the Authority aforesaid That for the greater Ease to all and every Seaman or Mariner or other Persons who have liberty and shall be willing to register themselves as in and by the said recited Statute is directed every such Seaman from and after the Tenth Day of April next ensuing bringing or causing to be brought a Certificate in manner as the said Act directs of the Place of his Abode and also in case of Removal a new Certificate under the Hand of any One or more Justice of the Peace of the Place or County where hee lives may and shall be registred in such and the like Manner as the said recited Act directs and be also intituled to all and every the Benefitts and Advantages given in and by the said Act as well for himselfe as also his Wife Widdow and Children as if such Certificate were under the Hands of Two Justices of the Peace according to the said Act Any thing in the said recited Act contained to the contrary in any wise notwithstanding the said Justice or Justices giving such Certificate under his or their Hands are hereby directed and required to make a strickt and diligent Enquiry into the Truth of the Contents of the Certificate so by them to be given and to examine the Party or Parties so desiring such Certificate upon his or their Oaths if such Justice or Justices shall see Occasion and if upon Examination of the Parties so desireing a Certificate the said Justice or Justices shall find any Fraud or Deceit such Justice or Justices are hereby required to certifye the same to the Co[m]missioners for executing the Office of Lord High Admiral of England for the time being or the Lord High Admiral for the time being that such Fraud and Deceit may be prevented according to Law.
III. Masters Mates and their Wives, &c. to have the Benefit given to other registered Men, &c.
And be it further enacted and declared by the Authority aforesaid That any Person or Persons who are already registred or shall hereafter be registred according to the said recited or this present Act and who were att the Time of their being registred or shall hereafter be raised to the Degree of a Masters Mate in any of his Majesties Shipps of Warr and the Wives Widows and Children of such Masters Mate is and are hereby declared & enabled to have and enjoy all and every the Benefitts Advantages and Bounties given to any other Person or Persons so registred or to the Wives Widdows and Children of such p[er]son or Persons in or by the said recited Act Any thing therein contained to the contrary thereof in any wise notwithstanding.
IV. Seamen above 50 Years old, having served in the King's Ships 7 Years, may be registered, and enjoy the Privileges of the Act.
And be it further enacted by the Authority aforesaid That from and after the said Tenth Day of April all and every such Seaman and Persons who are above the Age of Fifty Yeares and who by the said Act might register themselves in manner as aforesaid in case they were not of such Age and who shall appeare by the Books of the Navy Office to have faithfully served on board any of his Majesties Shipps for the space of Seven Yeares last past without wilfull deserting the same shall upon p[ro]duceing Certificates under the Hands of One or more Justices of the Peace in manner aforesaid be registred as by the said Act is directed and such Person so registred and the Widdows and Children Executors and Administrators of such Person shall have & enjoy the several and respective Priveledges in the said Act menc[i]oed.
V. After 10th April 1699, none above 50 Years old to be registered without giving Reasons for his Omission to register whilst in the King's Service.
Provided neverthelesse That after the Tenth Day of April which shall be in the Yeare of our Lord One thousand six hundred ninety nine no Seaman or Persons above the Age of Fifty Yeares shall be admitted to register him or themselves as aforesaid without giving such Reasons for their omitting to do it during the Time of such Service on board any of his Majesties Ships as shall be approved off by the Co[m]missioners for executing the Office of Lord High Admiral of England for the time being or any Three of them or the Lord High Admiral for the time being or the Co[m]missioners of the Navy for the time being or any Three of them or such Persons as shall be appointed by the King for keeping the said Register or any Three of them.
VI. Commissioners may summon and examine Masters of Merchants Ships on Oath as to the Number and Wages, &c. of Persons serving in their Ships, and who are obliged to pay 6d. per Mensem out of their Wages; refusing to appear or to give Account;
And be it further enacted by the Authority aforesaid That for the better levying and collecting the Duties of Six pence per mensem given & granted by the said recited Act for the Revenues and [Supplies (fn. 1) ] of the Hospital Charities and Bounties therein mentioned it shall and may be lawfull to & for the Co[m]missioners appointed for registring of Seamen or their respective Deputies for the time being for the better discovery of the Pay and Wages due to the Saylers and Persons who served on board any the Merchants or private Shipps and Vessells in the said Act mentioned by Warrant under their Hands and Seals to cause all such Masters and Co[m]manders of such Ships not in his Majesties Service to be & appeare before them the said Co[m]missioners or the respective Deputies who are hereby impowered and directed all and every such Masters & Co[m]manders upon their Oaths to examine as to the Number Rates Salaries Wages and Times of Service of all and every Person or Persons belonging to or serving in such Ships or Vessells in the said recited Act and which by the said Act are obliged to pay the said Su[m]m of Six pence per mensem out of their Salaries and Wages as aforesaid and if such Masters or Co[m]manders or any of them shall refuse when so su[m]moned or co[m]manded to appeare before the said respective Persons hereby impowered to examine them in manner as aforesaid or if they shall appeare and obstinately & wilfully refuse to give a plaine full & exact Discovery of the Matters aforesaid upon their several Oaths that then and in every such Case all and every such Offender or Offenders shall for every such Refusal or Neglect forfeit the Su[m]m of Ten pounds to the Uses mentioned in the said recited Act to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record att Westminster with full Costs of Suit provided such Masters or Co[m]manders be not Quakers or esteemed Quakers.
VII. Quakers may make Affirmation instead of an Oath, as by 7 & 8 W. III. c. 34; and offending, are liable to the same Penalties as other Offenders.
And be it further enacted by the Authority aforesaid That every Master or Co[m]mander of any Ship or Vessell mentioned in the said recited Act being a Quaker may and shall be examined before the said Co[m]missioners appointed for registring Seamen or any Three or more of them or their Deputy or Deputies and the said Co[m]missioners or their Deputies may and shall from time to time take the solemne Affirmation & Declaration of such Quakers instead of their Oath and in such manner and forme as by one Act made in the Seventh and Eighth Yeares of the Reigne of his Majesty is directed intituled An Act that the solemne Affirmation and Declaration of the People co[m]monly called Quakers shall be accepted instead of an Oath in the usual Forme And such Quakers refusing to appeare on such Su[m]mons or to answer or make such solemne Affirmation or Declaration before the said Co[m]missioners or their Deputy or Deputies shall be deemed Offenders and be liable to the same Penalties and Forfeitures mentioned in this Act for refusing to appeare and be examined on Oath or sweare as aforesaid Any thing in this Act before to the contrary notwithstanding.
VIII. Recital that Registers have been unduly lent to Persons not registered, pursuant to 7 & 8 W. III. c. 21.
And whereas since the making the said recited Act diverse evil disposed Persons so registred in pursuance of the said Act have fraudulently lent their Register Certificates to diverse Mariners Seamen Watermen Fishermen Lightermen Bargemen Keelmen or Seafaring Men who were not registred in pursuance of the said Act with intent to keep such Persons not registred from being impressed in his Majesties Sea Service For the preventing of such evil Practices for the future Be it enacted by the Authority aforesaid That whatever Person or Persons so registred as aforesaid shall after the Tenth Day of April next ensuing directly or indirectly lend to leave with or dispose of his or their Certificate of his or their being registred according to the said recited Statute to any Mariner Seaman Waterman Fisherman Lighterman Keelman Bargeman or Seafaring Man whereby to protect or keep such Persons from being impressed into his Majesties Service Itt shall and may be lawfull for the Lord High Admirall for the time being or the Co[m]missioners for executing the Office of Lord High Admirall for the time being or any Three or more of them to cause such Offender or Offenders to be struck out of the said Register and lose the Benefitt of the said recited Act and to be compelled to serve in his Majesties Service for the space of Six Months without any Pay as in case of registred Men not appearing on Su[m]mons to serve in his Majesties Service according to the said Act and that every Person who shall borrow take or receive for themselves or other Persons such Certificates or make use of the same for the Intents and Purposes aforesaid shall in all respects suffer the like Pains and Penalties and to the same Uses as are provided in and by the said recited Statute against such Persons as vouch falsly Persons to be Landmen who are afterwards proved to be Seamen or shall be compelled to serve his Majesty in Sea Service for the space of Six Months without any Pay or Wages whatsoever.
IX. Certificate under the Hand of Mayor, &c. within the Cinque Ports sufficient, if no Justice residing within Three Miles.
And whereas in the whole Jurisdiction of the Cinque-ports and their Towns and Members on the Coasts of Kent and Sussex there are not any Justices of the Peace nor Divisions as in the rest of the Counties of this Realme but onely Mayors Bayliffs and their Deputies Be it therefore enacted by the Authority aforesaid That such Certificate as aforesaid under the Hand and Seale of any one Mayor Deputy-Mayor Bayliffe or Deputy Bayliffe within the said Jurisdiction of the Cinque-ports obtained in manner as aforesaid shall be sufficient where no Justice of the Peace shall be residing or inhabiting within Three Miles of such Port or Towne.