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843) 870 disorderly or any way unruly at sea or during the time of theire abode or residence in any of the Ports Harbours or Cittys of our said Province or Territory as the Cause shall be found to require according to Martiall Law Provided that Nothing herein Contained shall be Construed to the enabling you or any by your authority to hold plea or have Jurisdiction of any Offence Cause Matter or thing Committed or done upon the high sea or within the havens Rivers or Creekes of our said Province and Territory under your Governmt by any Captaine Comander Leiuetenant Master or other Officer seaman soldier or pson whatsoever who shall be in actuall service and pay in and on board any of our ships of Tour and other Vessells acting by Immediate Commission or Warrant from our Commissioners for executing the office of our high Admirall of England under the seale of our Admiralty or from our high Admirall of England for the time being But that such Captaine Commander leiuetenant Master Officer seaman soldier and other pson soe offending shall be left to be proceeded against and Tryed as the Merritt of theire offences shall require either by Commission under our Great Seale of England as the Statutes of the Eight and Twentieth of Henry the Eighth directs or by Commission from our high Admirall According to the Act of Parliament pased in the thirteenth year of the Reigne of the late King Charles the second of Blessed Memory Entituled for the Establishing Articles and Ord.rs for the Regulateing and better Governm.t of his Maj.tys Navyes Ships of Warr and forces by sea and not otherwise saving only that it shall be Lawfull for you upon any such Captaine or Commanders refuseing or Neglecting to Execute or upon his Negligent or Undue Execution of any of the written ord.rs he shall receive from you for our service and the service of our said Province to suspend him the said Captaine or Commander from the Exercise of his said office of Commander and Committ him into Safe Custody either on board his owne ship or else where at yo.r discretion in ord.r to his being brought to answer for the same Commission eithr under our Great Seale of England or from our said high Admirall as is before Expressed in which Case Our will and pleasure is that the Captaine or Commander soe by you suspended shall during such his Suspension and Committment be succeeded in his said office by such Commission or Warrant Officer of our said Ship appoynted by the Commissioners for Executing the Office of our high Admirall of England or by our high Admirall of England for the time being as by the knowne practice and discipline of our Navy does and ought next to succeed him as in Case of Death sickness or other ordinary disability hapning to the Commander in Cheife of any of our said Ships of Warr and not otherwise You standing allsoe Accomptable to us for the truth and Importance of the Crimes and misdemeanours for which you shall soe proceed to the suspending of such our said Captaine and Comander Provided allso that all such ord.rs and Misdemeanours committed on shoare by any Captaine Commander Leiuetenant Master or other officer seaman soldier or pson whatsoever belonging to any of our ships of warr or other vessells acting by Immediate Commission or warrant from our Commissioners for Executing the Office of our high Admirall of England under the seale of our admiralty or from our high Admirall for the time being may be Tryed and punished according to the Laws of the place where any such deserd.rs offences and Misdemeanours shall be soe Committed on shoare Notwithstanding |
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Provincial Court Land Records, 1676-1700
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