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William Loney RN - Background
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The Queens Regulations and the Admiralty Instructions - 1861
In every Ship in which there is a Chaplain, the Captain is to be careful that the attention and respect due to his sacred office be shown him by all the Officers and Men, and that Divine Service, according to the Liturgy of the Church of England, be performed, and a Sermon preached, every Sunday, - if the duties of the Ship or the state of the weather do not absolutely prevent it, - at which he and such of the Officers and Ship's Company, as are not required to be absent on Ship's duty, are to be permitted to attend; and he is not to employ the Ship's Company on Sundays in any other works than those which the Public Service shall absolutely require. Every week-day, after morning quarters or divisions, at the discretion of the Captain, short prayers, from the Liturgy of the Church of England, are to be read publicly to such of the crew as can be spared to attend.
Roman Catholics, who may entertain religious scruples in joining in the service of the Church of England, are to have full liberty to absent themselves from such service. As, however, it is indispensable that there should be perfect order and silence throughout the Ship during the celebration of Divine Service, all Roman Catholics who do not attend, are to remain in their mess places, or such other place as the commanding Officer may appoint.
Commanding Officers are to take the utmost care to prevent any unseemly interruption to Divine Service; and they are, at the same time, to make such arrangements as will guard against the Roman Catholics being assembled in any place which might give them the appearance of forming, by compulsion, a part of the congregation.
Every facility, consistent with the convenience of Her Majesty's Service and the state of the weather, is to be afforded, by Officers in command, to enable the Officers, Seamen, and others of the Fleet, professing the Roman Catholic religion, to attend Divine Worship, according to the forms of that religion, in the floating Chapels established by the Admiralty in the different home ports for that purpose, or in any Roman Catholic Chapel in the Queen's dominions. The boats which convey the men are to be manned by Roman Catholics, and to be placed, if possible, under the charge of an Officer of that persuasion; and if the adequate number of men cannot be furnished from any single Ship, such arrangements must be made by the senior Officer present as will provide the necessary boat's crews from Ships lying near to each other. The whole of the men, on their arrival at the Chapel, or on landing, are to be in charge of a Lieutenant, of the Roman Catholic religion, if there be one available, otherwise a Lieutenant from a Ship having the guard, or some other Lieutenant, will be specially nominated for this duty, who is to see that proper decorum be observed, and that the men return to their respective Ships when the Service is over, unless they have permission from their commanding Officers to go on leave.
The Captain is to discountenance and suppress all cursing and swearing, drunkenness, gaming, rioting, and quarrelling; all dissolute and disorderly practices, and, in general, everything tending to the disparagement of religion, or to the promotion of vice and immorality. From him will be expected an example of respect and obedience to his superiors, of unremitting attention to duty, and a cheerful alertness in the execution of it in all situations, and under all circumstances; and although particular duties are assigned, and various instructions given to every Officer in Her Majesty's Navy, yet the Captain must see that all those instructions are obeyed, and all those duties performed, by the Officers to whom they are respectively addressed or assigned. From him it will be expected, that all persons (whether Officers or others) be corrected, or their conduct properly represented, who shall be disobedient or disrespectful to their superiors, or neglectful of their duty, or who, by their conduct or conversation, shall endeavour to render any Officer or other person dissatisfied with his situation, or with the service on which he is employed. He is to observe, with particular attention, the conduct of every Officer and other person under his command, that he may be able to make correct reports of their respective merits, and give them such testimonials as they may really deserve. It will likewise be his duty to impress upon those deputed to carry out his orders, the necessity of avoiding abusive language, and expressions which may tend to irritate the minds of the men; and, whilst upholding the legitimate authority of all the Officers under his command, he is to check, by timely reproof, any tendency to abuse of power, and to recommend, by his own example, a firm but conciliatory manner of conducting their duty, by which the respect and confidence of the men will be ensured.
Every Officer, or other person belonging to the Fleet, is to conduct himself in the discharge of his duty with the utmost respect to his superior Officers, whether attached to the same Ship or not, and is, on all occasions of meeting, passing, or addressing such superior Officers, whether afloat or on shore, they being in the uniform denoting their ranks, to pay them the accustomed marks of respect.
Officers and men of the Royal Navy are to pay the customary mark of respect to such Officers of the Army as are entitled to be saluted by Officers and men of corresponding ranks in their own service.
Officers and others neglecting to comply with the foregoing instructions are to be reported to the Captain of the Ship to which they belong, and by him, if necessary, to the Commander-in-chief or senior Officer present.
If an Officer shall receive from his superior an order, which he may deem at variance with any Article in the Queen's Regulations and Admiralty Instructions, or with any particular order that may have been issued by the Admiralty, or other his superior Officer, he is to represent verbally - or in writing if it should not require immediate obedience - such contrariety to the Officer from whom he may receive it; and if, after such representation, that Officer shall still direct him to obey the order he has given him, he is to do so; but he may if he think it necessary, report the circumstances, through his commanding Officer, to his Commander-in-chief, or to the Secretary of the Admiralty, as the case may require.
If any Officer shall disobey orders, or otherwise misbehave, he may be placed in arrest, and information thereof, with the particulars of the offence, shall, as soon as possible, be transmitted to the Commander-in-chief, where there is one, or to the Secretary of the Admiralty, in order that the earliest convenient opportunity may be taken for bringing such Officer to a Court-Martial. But should the commanding Officer be induced, from any circumstances, to order the release of such Officer from arrest, and to withdraw (or allow to be withdrawn) the charge against him, such Officer is to return to his duty, without prejudice to the future investigation of any complaint on his part relative to such arrest; or should the cause for placing an Officer in arrest be of a nature to induce the commanding Officer, or other superior authority, to deem it necessary that it should be brought before a Court-Martial, but any emergency of the service should render it requisite, in the opinion of the commanding Officer, or other superior authority, that the Officer in arrest should be released therefrom, without the charge against him being withdrawn, he may give orders to that effect, and the Officer shall return to his duty accordingly, without prejudice to his future trial, or to the inquiry into the charge on which he was placed in arrest, if the authority vested with the power of ordering a Court-Martial should think fit to order it.
When it may be necessary to place an Officer or other person belonging to the Fleet in arrest, the Officer under whose authority the same is done, is to take care that no more restraint be placed upon the personal liberty of the prisoner than the discipline of the service requires, and the nature of his offence may render expedient. The arrest is not to be adopted as a punishment, but as the means of insuring the safe custody of the offender until he can be brought to trial.
If an Officer shall observe any misconduct in his superior, or shall suffer any personal oppression, injustice, or other ill-treatment, he is not on that account, to fail, in any degree, in the respect and obedience due to such superior Officer; but he is to represent such misconduct or ill-treatment, in the first instance to the Captain of the Ship to which he belongs; or, subsequently, as circumstances may require, through his commanding Officer, to the Officer commanding the squadron in which he serves; or to the Commander-in-chief; or, finally, to the Secretary of the Admiralty.
Every Officer is enjoined to refrain from making any remarks or observations on the conduct or orders of any of his superior Officers, which may tend to bring them into contempt; and to avoid saying or doing anything which, if seen or heard by, or reported to, the ship's company, might discourage them, or render them dissatisfied with their condition, or with the service on which they are employed, or with any service on which they may be ordered: and if any Officer shall so far forget so essential a part of his duty as, either by his conduct or observations, to endeavour to lessen the respect due to his superior, or, to his orders, or to dishearten the ship's company, or any part of them, or to render them dissatisfied, every Officer who shall witness such conduct, or shall hear such observations, is charged to report them immediately to the captain of the Ship, or, through his commanding Officer, to the Commander-in-chief, as circumstances may require.
All combinations of persons belonging to. the Fleet for the purpose of bringing about alterations in the existing rules arid regulations of the Royal Navy, whether affecting their interests individually or collectively, are prohibited, as being contrary to the established usage and practice of the service, and injurious to its interests and discipline. Every person is by the "Naval Discipline Act, 1861," (Section 33) fully authorized, individually, to make known to his superior any just cause of complaint; but individuals are not to combine, either by the appointment of committees, or in any other manner, for the purpose of obtaining signatures to memorials, petitions, or applications; nor are they, collectively, to sign any such documents.
Every person belonging to the Fleet is forbidden to write for any newspaper on subjects connected with the Naval Service; or to publish, or cause to be published, directly or indirectly, in a newspaper or other periodical, any matter or thing relating to the public service.
The Diplomatic Servants of Her Majesty being prohibited from accepting any presents which the Sovereign or State to which they are accredited might be disposed to bestow upon them, and it being expedient that an uniform practice in this respect should be observed by all the Queen's Servants, whether Diplomatic, Naval, or Military; - Officers belonging to Her Majesty's Naval Service, or to the Royal Marine Corps, are not to accept any presents from any foreign Sovereign or State, or from any foreign Functionary.
No Officer of Her Majesty's Navy, of whatever rank or grade, nor any Officer of Royal Marines, shall allow himself to be complimented by presents of Plate, Swords, &c., or by any collective expression of opinion, from Officers, Petty Officers, or Seamen of the Fleet, or from Officers, Non-commissioned Officers, or Privates of Royal Marines.
The Captain is not to allow the wife of any Officer or Man, or any other woman, to be carried to sea in the Ship he commands, without permission in each case from the Admiralty, if the Ship is on the Home Station, or that of his Commander-in chief or senior Officer present, if abroad. Before the Ship proceeds to sea, he is to send a return to the senior Officer present, for the information of the Admiralty, it at home, or of his Commander-in-chief, if abroad, of all women on board; and he is to be careful on all occasions to make a correct report in the list of passengers embarked, at the end of each quarter, of every woman who may have been carried to sea in his Ship. (This order is not to be considered as applying to the wives and daughters of Military Officers and Men, embarked for passage in Troop Ships, under proper authority, - special instructions being made with respect to such persons.)
When the Captain of one of Her Majesty's Ships may happen to sleep on shore, the Officer next in command to him is not to be absent from the Ship on the same night, unless by special permission; and no Officer is to remain out of his Ship for the night, without previously obtaining the sanction of the Officer in command.
Every Officer is to follow the motions of the senior Officer present, by striking or getting up the yards and topmasts, loosing or furling sails, or by doing any other duties, at the same time they are done in the senior Officer's Ship, unless such senior Officer should dispense with his doing so;- but Surveying Ships, when not diverted from their special duties, Troop Ships, and Store Ships, are not to be required to follow the senior Officer's evolutions for exercise.
The Captain is to divide all the Ship's Company, exclusive of the Marines, into Divisions, and to appoint a Lieutenant to command each Division, who is to have under his orders as many Sub-Lieutenants or Midshipmen as the number on board will admit. The duties of an Officer in charge of a Division are laid down in the instructions for Lieutenants, and the Captain is to take care that the directions therein contained are duly attended to, and punctually carried out.
The Captain is to take measures to prevent the Officers from indulging in an extravagant mode of living in their messes, as the prevalence of such a practice is detrimental to the discipline of the service, and must moreover, press hardly on those individuals who have little or no means beyond their pay, and he is therefore to give such orders as will effectually carry out the following regulations; and Commanders-in-chief or senior Officers, on their inspections, are to make special inquiry, with a view to ascertain whether the said regulations have been properly observed;-
i. In Ward-room messes the entrance is not to exceed 121., and the monthly subscriptions 31., for each member.
ii. In Gun-room messes the entrance is not to exceed 81., and the monthly subscriptions, including all extras, 11. 10s. for each member.
iii. The internal economy of each mess is to be conducted by a Caterer, or a Committee, as the Officers may elect; any irregularity on the part of a member is to be checked by the senior executive Officer present, or, if necessary, reported to the Captain or commanding Officer.
iv. Wine, spirits, and beer are not to be received on board any of Her Majesty's Ships, without the written approval of the Officer in command.
v. At the expiration of every Quarter, a statement, in duplicate, is to be prepared by the Committee or Caterer, showing the liabilities of the mess, the money in hand to meet those liabilities, the amount of entrance and monthly subscription required, and the sum owing by each member; one copy of this statement is to be retained in the mess, for the information of the members, and the other is to be delivered to the Captain by the senior executive Officer. In Gun-room messes the statement referred to is to be audited by a Lieutenant, the Paymaster, and Naval Instructor, under the directions of the Captain. Should the Captain, on receiving these mess statements, or at any other time, observe any irregularity or extravagance, which it may not be within his province to remedy or check, he is to report the same to his Commander-in-chief, if he be serving under one, and if not, to the Secretary of the Admiralty.
vi. The Engineers' messes are to be conducted on the same principles, and the accounts are to be prepared quarterly, audited, and submitted to the Captain, as enjoined in the case of Gun-room Officers' messes.
vii. Mess debts should be settled once a mouth, but in no case should they be allowed to remain unliquidated beyond the end of the Quarter.
viii. No Officer should leave his ship in debt to the mess; but, when he is obliged to do so, he is, with the sanction of the Captain, to make a satisfactory arrangement for the payment of the same within a given time.
ix. All Officers belonging to and doing duty in the ship are to be required to join the mess to which by their rank they belong, and to take their meals at the public table, unless prevented by illness. Supernumerary Officers doing duty, taking passage, and living on board, are to join their proper mess; and, when they do not pay a mess entrance, they may, in addition to the subscription of the regular members, computed at a daily rate, be charged not more than 6d. a- day in Ward-room messes, and 3d. a-day in Gun-room and Engineers' messes.
x. If it be necessary to lay in a larger mess stock than usual, to meet the requirements of a long voyage, such stock is to be paid for by a monthly subscription in advance; and Officers in command, as well as others, are to take care that, before the ship leaves the port, all the mess debts, for stock and furniture, have been duly discharged.
By observing the foregoing rules, and carrying them out in a proper and becoming spirit, the comfort of the Officers will be increased, while, at the same time, the public service will be benefited by the avoidance of irregularities in mess transactions.
The Ship's Steward, Cooper, Steward's Assistant, and Boy are not to be allowed to form a mess together; and, on no account, is the Bread Room, nor any other part of the Ship, except where the men by the custom and regulations of the service are permitted to live, to be used as a mess place.
No person whatever is to sell on board any sort of beer, wine, or spirituous liquors to the Ship's Company; nor is any person belonging to the Ship to sell articles of any other description to the Ship's Company, without the written sanction of the Captain. The men are not to be allowed to sell, exchange, or in any manner to dispose of their clothes or bedding, without the permission of the Officer of the Division to which they belong.
Under the 12th section of the Act 16th and 17th Victoria, chap. 69, any person who shall, without the previous consent of the Officer in command, bring on board any of Her Majesty's Ships any spirituous or fermented liquor, or shall approach or hover about any such Ships for the purpose of bringing on board, giving, or selling spirituous or fermented liquors, without the previous consent of the Officer in command, or for the purpose of aiding, any Officer, Seaman, or Marine in Her Majesty's Service to desert or improperly absent himself from his Ship, — is liable to a penalty not exceeding ten pounds. (One moiety of the penalty recoverable under this Act is to be paid to the informer or complainant, and the residue thereof to the Commissioners of Greenwich Hospital.)
Every possible endeavour is to be made to check desertion and straggling, and, by lawful means, to detect and apprehend men or boys who have deserted, or who are absent without leave. The reward that will be given for their apprehension is to be stated on the descriptions sent out; and on this point the Captain will be governed by the directions contained in Article 3, at page 213. At the home ports, the description papers are to be distributed as may be directed by the Commanders-in-chief, but one copy is invariably to be sent by the Captain to the deserter's or absentee's usual place of residence, if it be known, or to the Chief Constable of the place where he may be supposed to have gone. With regard to the expenses incidental to the custody and conveyance of deserters or stragglers (which are always to be particularly inquired into) the Captain is to observe that, as an ordinary rule, the charge for travelling should not exceed 1d. a mile each for the deserter or straggler and person apprehending him, and the same for the return journey of the latter. The sum allowed for the subsistence of the deserter or straggler is not to exceed 1s. a day whilst under detention, nor 2s. 6d. whilst travelling; and the only other charges, except in special cases, that should be sanctioned, are, a fee of about 2s. 6d to the Magistrate's Clerk, and one not exceeding that amount to the medical practitioner by whom the deserter or straggler may have been examined. No claim for loss of time, nor for subsistence, that may be made by any person apprehending a deserter or straggler is to be entertained.
Should the person apprehending a deserter or straggler object to the Captain's award of compensation, or payment of expenses incurred, the case is to be submitted to the Commander-in-chief, who, if unable to determine the question himself, will forward it for the decision of the Admiralty.
Under the 10th section of the Act 10th and 11th Victoria, chap. 62, any person who shall voluntarily deliver himself up and confess himself to be a deserter from anyone of Her Majesty's Ships, or improperly absent from such Ship, and his statement shall not be true, is, if received into Her Majesty's Naval Service, to be deemed in Her Majesty's Navy, and liable to serve, and be detained therein, as if he had voluntarily entered; or, in case such person shall not be received into Her Majesty's Navy, he may, on conviction thereof before two Justices of the Peace, be adjudged to be punished, if in England, as a rogue and vagabond, and, if in Scotland or Ireland, by commitment to prison, there to be kept to hard labour for any time not exceeding three months. And by the 11th section of the same Act, persons persuading any one belonging to Her Majesty's Navy to desert or improperly absent himself from his duty, are subject to a penalty of twenty pounds; and for concealing or employing any person belonging to the Navy who shall be a deserter or improperly absent, the penalty is thirty pounds. (One moiety of the penalty recoverable under this Act, is to be paid to the informer or complainant, and the residue thereof to the Commissioners of Greenwich Hospital.)
The Commanding Officers of Her Majesty's Ships will afford every facility to the Civil Power in detecting and apprehending persons serving on board any of Her Majesty's Ships who may be accused of having committed any crime. They will require any Constable or other Civil Officer coming on board one of Her Majesty's Ships for the purpose of searching for or apprehending persons so accused, to produce his Warrant, or to show some evidence of the character in which he acts; but when satisfied of the official character of a Constable or Officer, they will aid him to the utmost in the execution of his duty. Commanding Officers will be justified in not allowing any Petty Officer, Seaman, Non-Commissioned Officer of Marines, or Private Marine belonging to any Ship of Her Majesty to be taken under any Warrant, Process, or Writ of Execution whatever, which may be issued either in the United Kingdom or in any other part of Her Majesty's dominions, for any Debt or alleged Debt, unless such Debt shall have been contracted by such Officer, Seaman, or Marine at a time when he did not belong to Her Majesty's Service; and he will be justified in not allowing any Officer, Seaman, or Marine, who may be in arrest on board, to be taken out of the Ship under a Civil Process for Debt.
If any Petty Officer, Seaman, Marine, or any other person belonging to Her Majesty's Navy shall be arrested, apprehended, or taken in execution on any Civil or Criminal Process, the Captain of the Ship in which he may be serving is to report the circumstance to the Commander-in-chief or Senior Officer present; and, if taken from on board, the Captain, before delivering him up, is to ascertain the name and address of the Officer into whose charge or custody he is consigned.
In the event of any civil or criminal arrest of an Officer belonging to one of Her Majesty's Ships, the Captain is to report the circumstance to the Commander-in-chief, for the information of the Admiralty.
Good Conduct Badges for Seamen
(For instructions relative to Good Conduct Badges for Marines, vide Article 10, at page 147.)
A distinctive badge, having reference to length of service and good conduct, may, under the following regulations, be conferred by the Captain on —
i. Any Chief Petty Officer, except the Ship's Steward;
ii. Any First-class Petty Officer;
iii. Any Second-class Petty Officer, except Head Krooman;
iv. Any of the remainder of the Ship's Company, except such as may be rated in the capacity of,-
Officers' Servants, Stewards, Cooks and Domestics, and their Assistants;
Ship's Steward's Assistant;
Sick Berth Attendant;
†Ordinary and 2nd-class Ordinary Seaman;
2nd Head Krooman and Kroomen;
† Time served as Ordinary, or 2nd Class Ordinary Seaman is to count, prospectively, as time served for good conduct badge.
Any Petty Officers, Seaman, Artificer, etc., holding a rating other than those excepted in the foregoing Article, when he shall have completed three years' service, exclusive of boy's time, is eligible to claim one good conduct badge, with the pay attached thereto (except Masters-at-Arms and Ships' Corporals, who, although eligible for badges, are not entitled to any pay for the same), provided that during the last two years of that period he shall have invariably conducted himself with sobriety, activity, and attention, so as to deserve the character of "Very Good."
After eight years' service, he is eligible to claim two good conduct badges, provided he has worn the first badge continuously during the previous two years.
After thirteen years' service, he is eligible to claim three good conduct badges, provided he shall have worn the second badge continuously during the previous two years; and provided always that in these respective cases he has maintained the same high character that entitled him to the first badge.
With reference to the qualifications required of Merchant Seamen who may enter the Royal Navy, the following regulations are to be observed:-
Any person holding a rating other than those excepted in Article 28, who shall have a combined servitude in the Revenue or Merchant Service and Royal Navy of four years, exclusive of apprenticeship time, shall be eligible to obtain the first good conduct badge, provided he shall have completed a period of one year's service in the Royal Navy, immediately preceding the bestowal of the badge, and shall have merited the character of "Very good;" and can further produce satisfactory certificates of very good conduct during his last two years' service in Merchant Vessels.
The date of a good conduct badge being conferred, or taken away, is to be noted, and the notation signed, by the Captain, on the man's certificate at the time; and the character of "Very Good" recorded on such certificate is to be considered in the man's next ship as a claim to the badge and pay, when he shall have served sufficient time to entitle him thereto, according to the foregoing regulations.
The circumstance of a man having obtained the Good Conduct Badge will be considered in determining the amount of his pension.
Men in the receipt of pensions may be awarded the Good Conduct Badge, but are not to receive badge pay.
The First Good Conduct Badge is to be a stripe of gold lace, according to pattern.
The Second Badge is to be two stripes of gold lace.
The Third Badge is to be three stripes of gold lace.
The badge is to be worn on the upper part of the left sleeve of the jacket or frock; with duck frocks it is to be of blue serge, and with serge frocks of white drill instead of gold lace.
The advantages to the discipline of the Service, and the benefits intended to be conferred upon the Petty Officers and Seamen of the Fleet, by the foregoing regulations respecting good conduct badges, will depend, in a great measure, upon the strictest impartiality being exercised in carrying them into effect; and the Captains of Her Majesty's Ships are to take the utmost care in ascertaining the time served by, as well as the character of, the men who are candidates for badges, and never to bestow them, in the first instance, or reconfer them, on any man who is not in every way eligible to receive the distinction. Commanders-in-chief or senior Officers mustering or inspecting Her Majesty's Ships, are to satisfy themselves that the regulations referred to have been properly carried out, and if they shall discover any irregularities in respect thereto, they are to cause the same to be remedied forthwith, noting the particulars in their reports for the information of the Admiralty.
The Captain is to give to every Officer under his command such testimonials as his good conduct, zeal, and ability may be considered to entitle him; and on every certificate given to a Sub-Lieutenant, Warrant, or Subordinate Officer (if on discharge) the cause of discharge is to be stated, and if it be to another Ship, the name of such Ship is to be noted and by whose order he is so discharged.
As it is of great importance that the conduct of an Officer should be correctly represented in the certificate granted to him, the Captain is to be careful to express his opinion in terms strictly in accordance with the Officer's merits in so far as he has been able to judge of them. The subordinate Officers and Engineer Officers will be required to produce their certificates on presenting themselves as candidates for examination, and the Warrant Officers theirs, before any claims from them for advancement will be attended to; these Officers are therefore to take particular care of their certificates, and to furnish themselves with attested copies of them, to guard against the inconvenience that would arise if the originals should be lost. The form of certificate for Officers is given in the Appendix.
Considering that the time during which a junior Engineer, or Subordinate, Officer, may not have maintained a character for diligence, sobriety, and attention to duty, will not be accepted as time to qualify him for examination, - the Captain is not, indirectly, to assume the power of depriving such officer, for a lengthened period, of the advantages of service, by withholding his certificate; but in the event of the general conduct of an Officer being such as to preclude the Captain from giving him a certificate that would carry time with it, he is not to allow a longer period than three mouths to elapse without reporting the circumstances to the Commander-in-chief or senior Officer, for the information of the Admiralty; and, in such cases, on the discharge of the Officer from the ship, the Captain must specify, on his certificate, between what dates his conduct has not merited the usual terms of approval.
The parchment certificate of the service, ability, and conduct of Petty Officers, Seamen, Marines, and Boys is to be properly filled up and signed according to the form in the Appendix.
As the value and importance of this certificate to the individual, as well as to the public service, will depend on the exercise of proper judgment in filling such certificate, and as the Admiralty have authority to disallow any time in awarding a pension during which a man shall not have maintained a good character, the Captain is to make himself well acquainted with the ability and conduct of every Petty Officer, Seaman, Marine, and Boy serving on board, to enable him to perform this duty with satisfaction to himself and justice to others. He should reflect that the man's character on his certificate is his passport through life; and he is to take to his assistance the Officer next in command to himself, the Lieutenant of the Division to which the man belongs, or such other persons as he may see fit, before assigning his character. This should be done on the Ship's passage to England, or, in the case of vessels on the Home Station, before being paid off.
The following scale of characters of men is to be adopted, with any additional notice of extraordinarily meritorious services that may, in the opinion of the Captain, deserve to be specially recorded:-
i. Very good.
iii. Fair, or passable.
The character of every man and boy is to be noted on his certificate, in the Captain's own handwriting, at the end of his first twelve months' service in the Ship, again at the end of the second twelve months, and finally on his discharge, and it is only to be considered with reference to his conduct for the period since his last character was awarded in the Ship.
On a man being discharged, his character, as recorded on his parchment certificate; is to be read to him by the commanding Officer.
All offences committed by, and punishments awarded to, any person on board under the rank of Subordinate Officer, are to be entered in the Defaulters' Book; and if the power of awarding any of the authorized punishments should be delegated to or exercised by, the Officer next in command to the Captain, under the provisions contained in these Instructions, such Officer is to furnish the Captain every morning (or, in the event of his having being absent or totally incapacitated by sickness, as soon as he shall resume his duties) with a list of the men and boys punished by his order, specifying their names, ratings, and offences, and the nature and extent of the punishment awarded by him in each case.
The Captain will also take care that the Record of Conduct Book in the Form given in the Appendix, be carefully kept, under his own immediate superintendence, according to the following instructions on that head;-
i. Half a page, or a whole page, of the book is to be allotted to each man's name, and a summary of such of his offences as are not of a very minor character is to be inserted at the time.
ii. A six-monthly record of leave, - in cases where the man has broken his leave, - is to be inserted.
iii. Any alteration of conduct, either for better or worse, entitling the man, or rendering him liable, to a change of character, is to be recorded at the time when the alteration takes place.
iv. Any exemplary act on the part of a man is also to be recorded,
v. In the Record of Conduct Book the man's character is to be noted at the expiration of every six months, at which periods the Captain must examine all the entries which he has directed to be made in the book, subscribing them with his initials, and inserting the date of such examinations.
vi. The Captain will be held responsible for the proper keeping of the Defaulters' Book and the Record of Conduct Book, and also for the correctness of the entries made in them. He is to produce them whenever the ship is inspected by a senior Officer, or whenever he may be required to do so by a superior authority. If superseded, he is to deliver both the books to his successor; or, if the ship; be paid off, he is to transmit them to the Secretary of the Admiralty for the Accountant-General; taking care, in either case, to record the characters of the men up to the date of his supercession or discharge.
vii. The entries of character made in the Record of Conduct Book, are to be read, publicly, in the presence of the Officers and Ship's Company, every six months.
Whenever a Court-Martial is held on any Officer or man, at which sentence is passed convicting the prisoner, a copy of the charge or charges preferred against him, and of the sentence of the Court, is to be placed in the public order book of the station or squadron, for promulgation, and to be read, by the respective Captains, to their Officers and Ships' Companies, immediately after the quarterly reading of the Articles of War. The notices which may be issued from time to time, from the Admiralty, of the charges investigated and sentences passed by Courts-Martial, are to be read publicly, in like manner, to the Officers and crews of Her Majesty's Ships.
The Captain is to take care that the "Articles of War" be hung up in some part of the Ship accessible to the whole of the Crew, and that the same be read to them, publicly, once in every quarter.
Whenever an Admiralty Circular, or any other order, is issued applying to Officers in general, or to individuals, the Captain of the Ship is to take care that it be made known to those whom it may concern, and they are, if required, to attest the same. If the Circular or order should apply to the Ship's Company, and be on a subject affecting their interests, or contain matter proper for them to be made acquainted with, they are to be assembled the first convenient opportunity, and it is to be read to them, - a copy thereof being afterwards placed in some part of the Ship accessible to the whole of the crew, for at least one week.
As drunkenness frequently leads to the commission of offences, and is the cause of serious accidents, the Captain will feel the necessity of checking it by every means in his power, - occasionally warning the crew of its debasing effects and ulterior consequences, and urging the zealous co-operation and example of the Officers under his command towards subduing this serious evil, with the hope that a vice so derogatory to the honour and character of seamen may not degrade the service. Altercation, or any discussion, with a drunken man is in all cases to be avoided; nor is a person under the influence of liquor to be placed in a situation which may cause further excitement, and thereby lead to acts of unconscious violence and insubordination.
The Admiralty being authorized, by the "Naval Discipline Act, 1861," to issue regulations respecting the summary trial and punishment of persons under the rank of Officers, belonging to the Fleet, for offences (not being made capital by the said Act) committed by such persons against the good order and discipline of the Navy, - hereby direct that the following instructions (from Article 44, to Article 69), bearing on the 49th Section of the Act referred to, be carefully observed by Commanders-in-chief and senior Officers, as well as by the respective Officers in command of Her Majesty's Ships.
All persons below the grade of Petty Officer, Non-commissioned Officer of Royal Marines, or Leading Seaman, are, by the respective Officers in command, to be classified for conduct, under the following regulations, namely,-
i. There are to be two classes, hereinafter referred to as the first and second class;
ii. All men and boys on first entering the Navy or Reserves, and all men and boys re-entering the Navy, or received from other ships, with certificates of conduct marked "Good," are to be in the first class.
iii. All Petty Officers, Non-commissioned Officers of Royal Marines, and Leading Seamen, are, when disrated for misconduct, either to be noted as belonging to the first class, or reduced to the second class, as the Officer in command may deem proper, according to the nature of their offence.
iv. All men below the grade of Petty Officer, Non-commissioned Officer of Royal Marines, and Leading Seamen, are, so long as they may be in possession of good-conduct badges or marks, to be considered as belonging to the first class: and when deprived of such badges or marks, for misconduct, they are either to be noted as belonging to the first class, or reduced to the second class, as the Officer in command may deem proper, according to the nature of their offence.
v. Marines received from Head-Quarters are to be classed as recorded on the embarkation sheet sent with them.
vi. The second class is to consist of men and boys received from other ships, whose conduct has not entitled them to certificates marked "Good;" of men and boys reduced, by warrant, to that class, in the ship in which they are serving; and of men and boys who re-enter the Navy, and whose conduct, as recorded on the certificate for their last ship, has not entitled them to the character of "Good."
vii. Petty Officers, Non-commissioned Officers of Marines, Leading Seamen, men wearing good-conduct badges or marks, and all persons in the first class for conduct, under the foregoing regulations, committing any grave offence against discipline, or guilty of repeated misconduct, may, by the Officer in command, be removed by warrant, into the second class. They will not be liable to corporal punishment at the time when they are so removed (except for mutiny, as explained in Article 60), but in addition to degradation to the second class, such punishment, other than corporal punishment, may be awarded to them as the nature and degree of their offence may seem to deserve.
Officers in command will bear in mind that although no Petty Officer, Non-commissioned Officer of Marines, Leading Seaman, or person in possession of a good-conduct badge or mark, can, when so rated, or while possessing such badge or mark, be belonging to the second class for conduct, it is not imperative on them (the Officers in command) in cases where such Petty Officers, Non-commissioned Officers of Marines, or Leading Seamen, may be disrated, or where men are deprived of good-conduct badges or marks, to reduce them at the same time for the same offence to the second class; but whether the offenders, in addition to other punishment, be reduced to the second class, or whether they be retained in, or noted as belonging to, the first class, must be distinctly set forth in the warrant for the primary punishment. It is to be observed, however, that if any of the foregoing be awarded corporal punishment for mutiny, or imprisonment for desertion, or any other offence, they must, at the same time, be reduced to the second class for conduct.
viii. Men and boys in the second class, by a continued course of good conduct, for a period of not less than twelve calendar months, will be entitled to be restored to the first class; but, by very exemplary conduct, they may gain for themselves the same advantage at the expiration of a shorter time of probation.
ix. With reference to the foregoing regulations, it is to be observed, that boys rated in the capacity of 2nd-class boys on the ship's books, are not to be classed for conduct; but at the time when they are advanced to the rating of 1st-class boys, they are, at the discretion of the Captain of the ship in which they are serving, to be noted as belonging either to the first or second class for conduct.
x. The class for conduct to which each man and 1st-class boy may, from time to time, be belonging is to be noted, in red ink, in the Description Book, as well as in the Record of Conduct Book.
When men or 1st-class boys are discharged from one ship to another, with a lower character marked on their certificates than that of "Good," it is to be noted on the transfer lists sent with them from what date they are entitled to reckon time for restoration to the first class. And in the case of Marines discharged to Head Quarters, the class to which they belong for conduct is to be inserted in the extract from the Defaulter's Book sent with them, - noting against those who may be in the second class, the date from which they are entitled to reckon time for restoration to the first class.
The officer in command of a ship is held responsible for all punishments inflicted on board, and therefore none are to be ordered except by him, unless he shall think fit to delegate to the Officer next in command the power of awarding the minor punishments mentioned in sections iii, iv, v, vi, ix, xii and xv, of Article 50, to the limited extent specified in the last paragraph of that Article; and unless from the total incapacity by sickness, or prolonged absence on leave or otherwise, of the Captain, the next Officer shall have assumed, under proper authority, the charge and control of the ship. (See Article 59, relative to the ordering of corporal punishments.) The infliction of any punishments by other Officers is forbidden.
Hasty complaints are invariably to be discouraged. When complaints are made, and the service and the circumstances of the case will admit, their final investigation should be deferred until the following morning; at which time they should be fully investigated on the quarter-deck, and the accuser and accused heard with impartiality,-both having a legitimate claim upon the Captain's attention, and an equal right to the just exercise of his authority.
Officers in command must remember that inconsiderate as well as protracted punishments generally lead to discontent, defeat their intended object, and cause distaste to the service; that the first consideration is the prevention of crime, and that discipline depends not on the severity either in the amount or duration of punishment, but rather on its certainty, and on its just administration, by making it commensurate to the offence.
First and second offences, when not of a grave nature, should in most cases be considered with leniency, and the previous character and conduct of the accused should always be taken into consideration. Admonition, and pointing out to the defaulter where error has been committed, may frequently be the means of checking future misconduct.
Before corporal punishment is inflicted, or confinement in jail, or in a cell, or under a canvas screen, is ordered, or a person is disrated for misconduct, or deprived of his good conduct badge or mark, or reduced to the 2nd class for conduct, the warrant for so doing is to be read on the quarter-deck, with the Article of War under which the prisoner is sentenced. Every warrant must bear the signature of the Officer or other person preferring the complaint, in attestation of the fact that such complaint was made by him.
Minor punishments, which are hereby authorized, are to be of the following description; and it is considered that, when judiciously awarded, they will be sufficient to check all offences on the part of the Petty Officers, Seamen, Non-commissioned Officers, Marines, and Boys of the Fleet, not peremptorily demanding confinement in jail, corporal punishment, or trial by Court-Martial. Their duration is to be fixed when each complaint is investigated, and no punishment is ever to be prolonged "until further orders."
i. Solitary confinement in a cell, or under a canvas screen. This punishment is never to exceed seven days. In more aggravated cases of misconduct, the delinquent may be put on half allowance of provisions for the whole or a portion of the time, or on a diet of bread and water for a period not exceeding three days. The prisoner is to be visited every four hours by one of the police, and once a day by a Medical Officer.
Men under solitary confinement in a cell, or under a canvas screen, or in irons, are to be deprived for the time of their knives, tobacco, and amusing books. They are to have their beds and bedding, and a sufficient quantity of clothes, and are always to be brought on the quarter-deck to stand abaft the main-mast during morning inspection, or abaft the mizen-mast at noon, to have their dinners there, if the Captain should so direct, and they are to be allowed to attend Divine Service.
ii. Six-water grog (if allowed grog); cleaning the head and pump-well, stoning the galley, or performing other similar work; eat meals under sentry's charge; deprivation of smoking, and to be under sentry's charge during smoking hours. If in harbour, or an idler at sea, to stand in, or walk, the lee gangway, from 8 to 10 o'clock P.M.; if at sea, and not an idler, to stand for one hour in his night watch, between two guns on the lee side of the quarter-deck, taking proper turn of duty at the wheel, look-out, &c. This punishment is not to exceed seven days.
iii. Six-water grog (if allowed grog); cleaning the head and pump-well, stoning the galley, or performing other similar work. If in harbour, or an idler at sea, to stand in, or walk, the lee gangway, from 6 to 8 o'clock P.M. ; if at sea, and not an idler, to stand for one hour in his night watch, between two guns on the lee side of the quarter-deck, taking proper turn of duty at the wheel, look out, &c. This punishment is not to exceed ten days.
iv. Six-water grog (if allowed grog). If in harbour, or an idler at sea, to stand in, or walk, the lee gangway, from 7 to 8 o'clock P.M.; if at sea, and not an idler, to stand for half-an-hour in his night watch, between two guns on the lee side of the quarter-deck, taking proper turn of duty at the wheel, look out, &c. This punishment is not to exceed fourteen days.
v. Six-water grog (if allowed grog); stand for the latter half of the dinner hour on the lee side of the quarter-deck. This punishment is not to exceed twenty-one days.
vi. Stoppage of leave; - not to exceed two months of harbour time. In the case of breaking leave, the stoppage is to be one day for every hour of improper absence, - subject to the same limit of two months.
vii. Deduction from pay, for time of absence without leave, in accordance with the 22nd section of "The Naval Discipline Act, 1861."
viii. Stoppage of Monthly Advance (with or without any other punishment); for drunkenness, leave breaking, or trafficking in spirits. Not more than two monthly payments are to be withheld for any one offence.
ix. Stoppage of grog, - for drunkenness only; - this punishment is not to exceed thirty days, and the amount of the stoppage, according to the saving price, is to be paid to the Surgeon, for the use of the sick-mess. The grog of an habitual drunkard, however, may be stopped at the discretion of the Captain, but payment, according to the saving price, is to be made to the individual, for any period for which it may be withheld beyond thirty days.
x. Extra drills, for neglect or inattention at drills only, - but never to exceed two hours in one day. Extra guards are never to be ordered except for offences on duty.
xi. For want of alacrity or attention aloft or on duty, or slackness in their watch or boats, the Officer in command may authorize the Officer carrying on duty to cause the performance of any evolution to be repeated in moderation; or extra lee-wheel, extra look-out, or walking the gangway, to be awarded, but these not to exceed two hours, and never to extend beyond the period of the watch.
xii. Persons of careless and inattentive habits, with reference to their clothes, hammock, or bag, may be made to carry them on their shoulder, but not to exceed an hour on the same day; and limited to three days.
xiii. Forfeiture of any special indulgences granted to the rest of the Ship's Company. The indulgence withheld is to be stated in the Quarterly Return of Punishments.
xiv. Men of continued irregular habits and disorderly conduct may be made to mess by themselves until they are reformed, and respectable messes are willing to receive them. And those who are habitually dirty are to be mustered in the morning with the boys.
xv. As it is necessary to check misconduct on the part of Boys, the custom of punishing them on the hand may he resorted to, in moderation - but not in any case to exceed six stripes or blows, - with boys rated in the capacity of second-class boys. Boys rated in the capacity of first-class Boys are not amenable to this punishment.
(NOTE. - Men under punishment are not to be allowed leave of absence.)
The Captain may delegate to the Officer next in command to himself, the power of awarding the punishments mentioned in the following sections of the foregoing Article ; viz.:
|Section iii. -||For a period not exceeding five days.|
|" iv. -||For a period not exceeding seven days.|
|" v. -||For a period not exceeding ten days.|
|" vi. -||For a period not exceeding seven days; but not to be applied to Petty Officers, Non-commissioned Officers, and Leading Seamen, without the sanction, in each case, of the Captain.|
|" ix. -||For a period not exceeding seven days.|
|" xii. -||For the whole period mentioned in the section.|
|" xv. -||To the extent therein stated.|
Petty Officers, Leading Seamen, and Non-commissioned Officers of Marines, are only to be subject to the minor punishments, stated in sections vi, vii, and viii, of the preceding Article. They should be granted every reasonable indulgence, and treated with consideration. Being placed in situations of trust, they should be made to feel that confidence is reposed in them. If admonition will not avail with persons so rated, they are unfit for the situations they hold.
All minor punishments, except to prisoners confined in the cells or under a canvas screen, or to whom the punishments mentioned in sections vi and ix of Article 50, have been awarded, are to be suspended on Sundays. Neither is corporal punishment to be inflicted on Sundays, except in cases of mutiny, where immediate punishment may be necessary.
Cells for the confinement of prisoners on board Her Majesty's Ships, are not to be less than 6 1/2 feet long, and 3 feet broad (with the full height between decks), and properly ventilated; and no cells are ever to be fitted or altered by the Captains of Her Majesty's ships without the authority of the Admiralty, if at home, - or of the Commander-in-chief, if abroad.
Confinement in coal-bunkers or other close places is forbidden; and no man is to be deprived of his night's rest at sea as a punishment.
The use of irons is as much as possible to be avoided; recourse to that punishment being had only for security, or in cases of mutinous conduct.
If a Petty Officer or Seaman (for Marines, vide Article 14, page 149), entitled to wear a good-conduct badge, shall commit any offence for which the Captain shall consider that he should be punished by the forfeiture of one or more of his distinguishing marks, and the pay attached thereto, such offence shall be inquired into under a warrant, and the Captain may cause the offender to be deprived of one or more of such marks, and the additional pay, according as the gravity of the offence shall, in his judgment, merit. By subsequent very good conduct during one year, the offender may be again granted one good-conduct badge with pay, and the other badges and pay of which he may have been deprived may be reconferred by subsequent service of one year between each badge, provided his conduct shall have been such as to entitle him to a certificate of "Very good" during the intervals.
A Petty Officer should not be disrated for misconduct, unless he has previously forfeited his good-conduct badge or badges; or unless the offence committed should be so grave as to require that both punishments should be at once awarded.
If a Petty Officer or Leading Seaman shall commit an offence which, in the opinion of the Captain, may render him unfit to be retained in a situation of trust, he may disrate him; but in doing so he is to observe, that no Petty Officer of the Seaman class, Sailmaker, Ropemaker, or Leading Seaman, is to be disrated to any other grade than that of A.B., - Master-at-arms, Seaman's Schoolmaster, Ship's Corporal, (and Officers' Stewards and Servants) to Ordinary Seamen, unless capable of doing duty as A.B., - Ship's Steward to Ship Steward's Assistant, or Ordinary, - Ship's Cook to Cook's Mate, unless capable of doing duty as A.B., or Ordinary, - Carpenter's Mate, Caulker, and Caulker's Mate, to Carpenter's Crew, - Blacksmith and Plumber to Blacksmith's Crew, - Sail-maker's Mate to Sailmaker's Crew, - Cooper to Cooper's Crew, - Armourer to Armourer's Crew, - Leading Stoker to Stoker, - Musician to Bandsman, - Sick Berth Steward and Sick Berth Attendant, to Assistant Sick Berth Attendant, or Ordinary Seaman, unless capable of doing duty as A.B.
These regulations do not apply to cases where the Captain deems it necessary to reduce any Petty Officer or Man, whom, after due trial, he may find to be incapable of performing the duties appertaining to the station in which he is rated, - disrating or reduction under such circumstances not being awarded as a punishment. And it is to be observed, that no A.B., or Ordinary Seaman capable of doing duty as such, can be disrated for punishment.
The following regulations are to be observed in respect to the summary imprisonment of offenders; namely,-
i. Every person under the rank of Petty Officer, or Non-commissioned Officer of Marines, who shall be guilty of any crime, or grade of crime, triable and punishable by imprisonment, under the Naval Discipline Act, may, provided such crime or grade of crime, be not made capital by the said Act, be, by the Officer in command of the ship to which he may at the time be belonging, summarily tried, and sentenced to imprisonment by the Officer in command, as aforesaid.
ii. Petty Officers, and Non-commissioned Officers of Marines, shall not be liable to summary imprisonment under these regulations, except for a breach of that part of the Articles of War relative to desertion, which is contained in the 2nd Clause of the 19th Section of the Naval Discipline Act, and for the offence therein mentioned, they, as well as all other persons of inferior grades, shall be liable to summary trial, and to imprisonment for any period not exceeding three calendar months.
iii. No man, except for desertion, or absence without leave, shall be summarily punished by imprisonment for a longer period than 28 days. For desertion the offender may, as stated in the preceding section, be imprisoned for any period not exceeding three calendar months, and for absence without leave, for a period not exceeding six weeks.
iv. Hard labour may be awarded with imprisonment, and, in very aggravated cases, solitary confinement; but the latter may not be for a longer period than seven days at a time, with intervals of at least seven days between each period of solitary confinement. An offender may, under the Naval Discipline Act, be sentenced to hard labour during one portion, and to solitary confinement during another portion of the same term of imprisonment.
v. Leading Seamen and Men wearing good-conduct badges or marks, shall not be summarily imprisoned except for,-
1. Mutinous or highly insubordinate conduct.
3. Indecent assault.
5. Smuggling liquor into the ship.
6. Absence without leave.
7. Drunkenness on duty.
8. Trafficking in spirits.
9. Selling or making away with clothes or medals.
10. Violent assault.
11. Inciting or assisting others to commit, or conniving at other committing, any of the above offences.
vi. The warrant directing the summary imprisonment of any offender, shall have no force or effect until it has been signed and approved by the Commander-in-chief, or senior Officer present.
vii. Imprisonment shall, invariably, carry with it deprivation of badges, as well as reduction to the 2nd class for conduct; and, in the case of Petty Officers, and Leading Seamen, disrating also; every penalty incurred, however, must be distinctly set forth in the punishment warrant.
viii. The pay and wages of persons sentenced to imprisonment under these regulations, being forfeit for the time they may be imprisoned, they are to be discharged from off the Ship's Books from the date of the Warrant under which they are sent to prison, and re-entered on the clay they are discharged from the prison to rejoin their ship.
ix. Three days, at least, before sailing for a foreign station, the Captain is to furnish the Commander-in-chief, or senior Officer present, with a report of the men remaining in prison under these regulations, specifying their names, rating, date of commitment, for what period committed and for what offence. No man is to be left behind in prison without the written sanction of the Commander-in-chief, or senior Officer present, who is enjoined, before granting such sanction, to assure himself that the service will not be inconvenienced by the man not rejoining his Ship, and that his offence is of so grave a description as to render it improper to remove him from the prison before the expiration of his sentence.
If committed to any prison in Her Majesty's dominions abroad, the prisoner is to be taken on board before the Ship to which he belongs shall sail from the port, unless, with the permission of the senior Officer present, it be ordered otherwise; but permission to leave a man behind in prison, abroad, is not to be accorded except one of Her Majesty's Ships, in which the prisoner can be received at the expiration of his sentence, be remaining at the port, and there be a probability of his rejoining his proper Ship from her within a reasonable time.
x. The order for imprisonment being the authority for the Governor or Keeper of a jail to receive and detain a prisoner, and to release him at the expiration of his sentence, is to be made out with every technical accuracy.
xi. A sufficient escort is to be sent with all prisoners committed under these regulations; and Officers in command are to be careful to make arrangements for some proper person or persons being at the jail for the purpose of receiving, and conducting on board, the prisoners belonging to their respective Ships, at the exact time when such prisoners may be entitled to their release, - observing that when the sentence would expire on a Sunday, the prisoner is entitled to be released on the Saturday next preceding.
xii. As men who are imprisoned under the provisions of the before-mentioned Act, are not allowed wages during the time of their imprisonment, the cost of their subsistence in jail, and the expenses attending their removal to and from the prison, will be borne by the Admiralty; and where no local arrangements for meeting such costs and expenses exist, similar to those that prevail at the principal home ports, the Paymasters of the Ships to which the prisoners belong are, under the authority of their respective Captains, and on proper vouchers, to defray the expenses incurred in the removal of such prisoners, and to pay to the Governor or Keeper of the jail the cost of their subsistence at the rate of sixpence a-day each, unless the Captain shall be satisfied that the local charge is more, in which case he will order it to be paid, - inserting the particulars in the vouchers.
It being requisite for the maintenance of the efficiency, discipline, and even safety of Her Majesty's Ships of war, that the power of inflicting corporal punishment, when absolutely necessary, should be continued; such punishment is only to be inflicted under the responsibility and authority of the Officers in command of the said Ships, who are to exercise the power vested in them with the greatest discretion and forbearance, compatible with the discipline of the service. In the casual absence of the Captain or Officer commanding one of Her Majesty's Ships, the Officer left in charge is not to order corporal punishment to be inflicted, unless such Captain or Officer commanding shall be absent on Admiralty leave; or, if abroad, on leave granted by a Commander-in-chief for a lengthened period.
No Officer of any description, class, or age, - including therefore all subordinate Officers, Petty Officers, and Non-commissioned Officers of Marines, - nor any Leading Seaman, nor any person in possession of a good-conduct badge or mark, nor any person being in the first class for conduct, is to be subject to corporal punishment for any offence committed by him whilst holding such rank, or wearing such good-conduct badge or mark, or belonging to such class, - except in case of open mutiny, when any person of inferior grade to subordinate Officer, guilty thereof, may be summarily punished, corporally, under the direction of the Officer in command, when an immediate example may be necessary to check a disposition on the part of others to join in so flagrant a crime.
Neither is any person, in the second class for conduct, to be subject to corporal punishment, except for the following offences: - namely,
i. - Mutinous or highly insubordinate or riotous conduct.
ii. - Desertion.
iii. - Indecent assaults.
iv. - Theft.
v. - Deserting his post.
vi. - Repeated disobedience of orders.
vii. - Smuggling liquor into the ship.
When the Captain, or Officer in command of any one of Her Majesty's Ships, shall receive a complaint against, or observe any misconduct on the part of, any man or boy amenable to corporal punishment, and be of opinion that no other description of punishment which it may be in his power to award would be applicable or expedient, under the circumstances, - he is (except in open mutiny) to appoint one or more Officers to inquire into the particulars of the crime with which the Prisoner may stand charged, and having received the report of the Officer or Officers so appointed, as to the guilt or innocence of the accused, the Captain is, after subsequent and full investigation on his own part, to act as according to his judgment may seem right (If the Officers so appointed should report the Prisoner "Not Guilty," and the Captain, after subsequent investigation on his own part, should, nevertheless, decide on punishing him corporally, his reasons for arriving at a different conclusion to the Officers must be fully explained on the Warrant); and if he determine on ordering the Prisoner to be corporally punished, he is to cause a warrant to be made out in the form given in the Appendix, in which all the information required is to be clearly and explicitly set forth; but no corporal punishment whatever so to be awarded by the authority of an Officer having the command of one of Her Majesty's Ships is, even in extreme cases, to exceed forty-eight lashes, or to take place until twelve hours at least shall have elapsed after the completion of the warrant, -except in cases of mutiny, when the immediate punishment of the offender may be deemed by the Officer having the command to be absolutely requisite, without any preliminary investigation on the part of other Officers, in which case he is forthwith to write a detailed statement of the circumstances which called for a deviation from the general rules in this respect, the degree of punishment inflicted, and all other particulars required by the usual warrant. The statement in question is to be forwarded by the first opportunity to the Commander-in-chief, or, if the Officer be not serving under one, to the Secretary of the Admiralty, and a duplicate of it is to be transmitted with the Quarterly Returns.
But neither the completion of the said warrant nor anything above stated is to be construed as taking away from the Officer in command of one of Her Majesty's Ships, the power of remitting any portion, or the whole, of the punishment ordered in the warrant, if, from subsequent contrition of the offender, or from other circumstances in his favor, the Officer in command shall be so disposed, and in such case the mitigation or remission of the punishment ordered is to be noted on the warrant.
Corporal punishment is not to be inflicted on board any of Her Majesty's Ships at the Home Ports, until the Commander-in-chief, or, in his absence, the senior Officer present, shall have approved of the punishment by appending his signature to the warrant. In Flag Ships the warrant must be signed and "approved" by the Flag-Officer or Commodore on board, as the case may be, in proof of the intended punishment having received his sanction.
The term "corporal punishment" is to be understood only to signify the usual punishment at the gangway: every other description of corporal punishment, (except that which may be inflicted on boys under section xv in Article 50, of these instructions) whether by rope, or stick, being hereby forbidden.
On every occasion of corporal punishment on men, the Captain, and the Officers and crew of the Ship, or as many of them as can possibly be spared to attend, are to be present at the same. In the case of boys, the Captain may direct the next Officer in command to himself to superintend the punishment.
Nothing contained in the foregoing Articles shall be deemed to extend to the nullification or abatement of such powers as are vested in Naval Courts-Martial by the Naval Discipline Act, to award corporal punishment to persons under the rank of Officer.
When any person of or below the rank of Petty Officer, or Non-Commissioned Officer of Marines, shall be charged abroad, with an offence punishable under the Naval Discipline Act by discharge with disgrace, the Commander-in-chief, after satisfying himself, by the course hereinafter directed, or by such further inquiry as he may deem it requisite to institute, that the charge has been fully proved, and that the offender is unworthy to be continued in the service, may order him to be so discharged. But as a Man or Boy discharged with disgrace is thereby excluded for ever from Her Majesty's Service, and forfeits all claim to pension, as well as all other benefits that may have accrued to him, for his former services (Vide clause 6, in section 46, of the "Naval Discipline Act, 1861"), this punishment should only be adopted as an ultimate resource after all other means of reclaiming the offender shall have been tried in vain. Corporal punishment (if the offender be amenable to it) or imprisonment, may be awarded in addition to discharge with disgrace.
To enable the Commander-in-chief to judge of the necessity of ordering a Man or Boy to be discharged with disgrace, the Officer in command of the Ship from whence the representation emanates, is, with the assistance of one of the senior Officers of the same Ship, carefully to examine the charge or complaint against the offender, and to transmit, with the application for discharge, a full statement of the result of the inquiry, in the following tabular form:-
|Report of Inquiry into the conduct of a Petty Officer, Seaman, Marine, or Boy (as the case may be) belonging to this Ship, for whose discharge from Her Majesty's Service with disgrace application is now made.|
|i. Offender's Name, Age, and Rating in this Ship|
|ii. Date of entry in this Ship|
|iii. Date of entry in Her Majesty's Service; and total period of service therein|
|iv. Date of entry for Continuous Service, for what period, and C.S. number. (If a Marine, the No. of his Company, and Division to which he belongs, date of engagement, and when it expires)|
|v. Full particulars of the charge or complaint on which this application is grounded|
|vi. Name and Rank of the Complainant|
|vii. Names and rank of the Witnesses examined in support of the charge, with a short account of the nature of the evidence of each|
|viii. Prisoner's defence to the charge against him|
|ix. Names and rank of the Witnesses examined, for the defence, with a short account of the nature of the evidence of each|
|x. Particulars of the Offender's former service stating the name of each Ship in which he has served, ratings held, date of entry and discharge, and character, as given in his Certificate. Specifying also, the Medals and Decorations that may have been granted to the Offender: and, under separate heads, the net pay, prize-money, &c.., due to him at the date of this report.|
|xi. Particulars of the Offender's former conduct in this Ship; stating the offences against him as registered in the Defaulters' Book, and the nature of the punishments he has undergone for each of those offences, and also whether he was in the 1st or 2nd class for conduct at the time when he committed the offence with which he stands charged.|
|xii. Captain's observations on this inquiry; and stating whether he proposes to inflict corporal punishment on, or award imprisonment to, the, Offender, before discharging him, and if so, to what extent.|
The foregoing statement is to be signed by the Captain of the Ship to which the offender belongs, by the senior Officer who attended the inquiry, and by the commanding Officer of Marines, when the complaint is against a man of that corps; and it is to be forwarded by the Commander-in-chief to the Secretary of the Admiralty on every occasion of a man or boy being discharged with disgrace.
Applications for the discharge of men or boys with disgrace, from Ships on the Home Stations, are to be forwarded through the respective Commanders-in-chief, for the decision of the Admiralty.
Whenever a Petty Officer, Seaman, Marine, or Boy is discharged with disgrace, a notation to that effect is to be made against his name on the books of the Ship to which he belongs. The particulars of the crime, with a full description of the offender's person, and the names of all the Ships, in which he has served, are to be sent, through the Commander-in-Chief, to the Admiralty, in order that his description maybe circulated with a view to prevent his re-entry, and that the necessary notations may be made against his name in the books of his former Ships, or in the Divisional Records in the case of a Marine.
The person so punished, if a Petty Officer, Seaman, or Boy, may be discharged abroad, should he desire it, and, provided also, there be no objection on the part of the local authorities to his landing; but if he wish to return to England, he is to be sent by the first opportunity of a Ship-of-war, or as distressed Seamen are sent in any homeward-bound Merchant Vessel or Transport. If sent in a Ship-of-war the commanding Officer is to be made acquainted with his character, and he is not, on any account, to be ordered to work: he is to be victualled at two-thirds allowance, without spirits, and on his arrival at home, he is to be immediately discharged to the shore.
A Marine so punished is to be discharged from the Ship to the Head Quarters of his Division, with a view to his being dismissed from thence with a branded ticket.
Every man or boy on being discharged with disgrace, is to be informed that he will not be received again in Her Majesty's Naval, Military, or Civil Service, and that, should he enter, or re-enter, he will, when discovered, be summarily dismissed, and further, that any pay that may be due to him, as well as any benefits that might have accrued to him, for his services subsequent to such re-entry, will become forfeited.
The following regulations are to be observed with reference to the 79th section of "The Naval Discipline Act, 1861;" namely,-
i. Any person, although not belonging to Her Majesty's Naval or Military Services, who shall, while on board one of Her Majesty's Ships as a Passenger, commit any offence against the good order and discipline of the Navy, may, by the Officer in command of the ship in which he is embarked, be placed under such restraint as the offence or offences committed by him may appear to justify or render necessary; - and the Officer who has occasion to place any such Passenger in arrest, shall take the earliest opportunity that presents itself of reporting the circumstances to the first senior Officer he may fall in with, in order that it may be determined, after due investigation, whether the alleged offender shall be released from arrest, or continue in arrest until the termination of the voyage for which he is embarked, or whether he shall be transferred to some other ship; - but Passengers who shall be guilty of the offences specified in the 6th and 13th sections of the Naval Discipline Act, shall be tried by Naval Court-Martial, and punished according to the provisions of the said Act.
ii. If any Passenger, not hereby made subject, generally, to the Naval Discipline Act, shall, while on board one of Her Majesty's Ships, commit any criminal offence, punishable by the Laws of the United Kingdom, he may also be kept under such restraint as is necessary, until an opportunity shall offer of delivering him over to a civil tribunal competent to try him for the same.
iii. Officers, Petty Officers, Seamen, Marines, and Boys, who, upon being invalided or discharged, shall be ordered or permitted to take passage in any of Her Majesty's Ships, shall, so long as they are borne on the books of the ship in which they are embarked as Passengers, be deemed to be persons in and belonging to Her Majesty's Navy, and subject, in every respect, according to their several ranks and ratings, to "The Naval Discipline Act, 1861," in so far as that Act relates to the trial and punishment of offenders.
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