Impressment of seamen for the navy has been called ‘lawless,’ and sometimes it has been asserted that it was directly contrary to law.  There is, however, no doubt that it was perfectly legal, though its legality was not based upon any direct statutory authority.  Indirect confirmations of it by statute are numerous.  These appear in the form of exemptions.  The law of the land relating to this subject was that all ‘sea-faring’ men were liable to impressment unless specially protected by custom or statute.  A consideration of the long list of exemptions tends to make one believe that in reality very few people were liable to be impressed.  Some were ‘protected’ by local custom, some by statute, and some by administrative order.  The number of the last must have been very great.  The ‘Protection Books’ preserved in the Public Record Office form no inconsiderable section of the Admiralty records.  For the period specially under notice, viz. that beginning with the year 1803, there are no less than five volumes of ‘protections.’  Exemptions by custom probably originated at a very remote date:  ferrymen, for example, being everywhere privileged from impressment.  The crews of colliers seem to have enjoyed the privilege by custom before it was confirmed by Act of Parliament.  The naval historian, Burchett, writing of 1691, cites a ’Proclamation forbidding pressing men from colliers.’

Every ship in the coal trade had the following persons protected, viz. two A.B.’s for every ship of 100 tons, and one for every 50 tons in larger ships.  When we come to consider the sensational statements in TheNaval_Chronicle_ of 1803, it will be well to remember what the penalty for infringing the colliers’ privilege was.  By the Act 6 & 7 William III, c. 18, sect. 19, ’Any officer who presumes to impress any of the above shall forfeit to the master or owner of such vessel L10 for every man so impressed; and such officer shall be incapable of holding any place, office, or employment in any of His Majesty’s ships of war.’  It is not likely that the least scrupulous naval officer would make himself liable to professional ruin as well as to a heavy fine.  No parish apprentice could be impressed for the sea service of the Crown until he arrived at the age of eighteen (2 & 3 Anne, c. 6, sect. 4).  Persons voluntarily binding themselves apprentices to sea service could not be impressed for three years from the date of their indentures.  Besides sect. 15 of the Act of Anne just quoted, exemptions were granted, before 1803, by 4 Anne, c. 19; and 13 George II, c. 17.  By the Act last mentioned all persons fifty-five years of age and under eighteen were exempted, and every foreigner serving in a ship belonging to a British subject, and also all persons ‘of what age soever who shall use the sea’ for two years, to be computed from the time of their first using it.  A customary exemption was extended to the proportion of the crew of any ship necessary for her safe navigation.  In practice this must have reduced the numbers liable to impressment to small dimensions.