A Short History of the Royal Navy, 1217-1815. Volume II, 1689-1815Hannay, David
History
A Short History of the Royal Navy, 1217-1815. Volume II, 1689-1815
Hannay, David
Great Britain. Royal Navy -- History
The most famous of the alterations made in 1749 was that inserted
in the 12th and 13th articles of the Articles of War which were
incorporated in the Act. The 12th article provides the punishment to
be inflicted “on Every Person in the Fleet who through Cowardice,
Negligence, or Disaffection, shall in Time of Action withdraw or
hold back, or not come into the fight or Engagement, or shall not do
his utmost to take or destroy every ship which it shall be his Duty
to engage, and to assist and relieve all and every of his Majesty’s
Ships or those of his Allies which it shall be his duty to assist and
relieve.” The 13th Article deals with him who hangs back in chase or
does not “relieve or assist a known Friend in View to the utmost of his
Power.” Originally the court had a discretion, but by the terms of the
new Act the only punishment a court martial could inflict was death. At
a later period the severity of this penalty was considered excessive,
and in 1779 the power to inflict a lesser penalty was restored to the
court martial, but in 1749 Parliament had just heard from the mouth
of Vernon that the savage punishment of poor young Baker Philipps was
just, and it knew how austere the court had been with humble James
Dixon, the master of the =Northumberland=. It also knew what bowels of
compassion had been found for the captains of Toulon and for Lestock
and Mitchell. If Parliament was resolved that what was law for obscure
and friendless men should also be law for the chiefs of the navy, it
may have been stern but it was not unjust. The Bill was introduced by
ministers who had the advice of Anson, and we may fairly conclude that
he did not disapprove of the change.
Public-domain text, read in full here on John Shaqi.
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