therefore, enacted
by the authority aforesaid, that every captain or commander of any of
his majesty's ships of war, who, on or after the bill shall commence,
shall be appointed convoy or guard to any merchant ships or vessels, or
who shall have any merchant ships or vessels under his charge, do and
shall diligently attend upon such charge without delay, and in and
during the course of the voyage take the utmost care of such merchant
ships and vessels, and do and shall every evening see that the whole
number of the said merchant ships and vessels under his convoy be in
company with him; and in case he shall be obliged in the night time to
Jack, or alter his course, or lie-to, that he do and shall make the
proper signals, to give the merchant ships and vessels, under his
convoy, notice thereof; and if in the morning he shall find any of the
said merchant ships and vessels to be missing, he shall use his utmost
endeavours to rejoin them, and shall not willingly or negligently sail
away from, leave, or forsake such merchant ships or vessels, until he
has seen them safe, so far as he shall be directed to convoy them; and
in case any of the said merchant ships or vessels shall be in distress,
he shall give them all proper and necessary relief and assistance, as
far as he is able; and in case any such captain or commanding officer
shall refuse or neglect to do all or any of the matters aforesaid, every
such captain or commanding officer shall [be condemned to make
reparation of the damage to the merchants, owners, and others, as the
court of admiralty shall adjudge; and also be punished according to the
quality of his offence, as shall be adjudged fit by a court-martial.]

(8.) "And whereas it is of the utmost importance to our settlements in
America, and the trade thereof [Footnote: Left out, "in time of war."],
that the commanders of the ships stationed there, should use their best
endeavours for the protection and security of such trade, [and the
colonies there;] be it farther enacted by the authority aforesaid, that
[Footnote: Left out, "during the continuance of any such war."] none of
his majesty's ships, which shall be stationed at any of the said
settlements, shall quit or leave their stations under pretence of going
to careen or refit, or under any other pretence whatsoever, without an
especial order from the lord high admiral, or commissioners for
executing the office of lord high admiral, (or the commander in chief