November 1642
[29 November, 1642.]
Whereas the Lords and Commons now assembled in Parliament doe find by continuall experience, That very great quantities of Ordnance, Armes, and other Warlike Ammunition, And
many Commanders and Souldiers have been brought into Newcastle, and other parts of this Kingdom from foraigne parts, and
especially from the low countries (notwithstanding the prohibition given by the States of the united Provinces to that effect)
to be imployed against the Parliament, and their adherents, the
wel-affected persons of this Realm.
Power to all persons, with approval of Commissioners of Admiralty to fit out Privateers; Such Person to enjoy to their own use all Ships, Goods, etc. taken by them.; Tenths reserved to Admiral.; Prize Court.; Owners, Captains, etc., of Privateers to give security for good behaviour towards the King's friends
And whereas divers of His Majesties well-affected Subjects out
of their loyall respect to His Majesty, their pious disposition to
the peace and happinesse of this Kingdom, and as much as in
them lieth to prevent and hinder all such supplies as shall be
sent from any forraigne parts, to the prejudice of this Nation,
Have lately made known to the said Lords and Commons their
voluntary disposition and readinesse to set forth some ships and
pinnaces, warlikely appointed, equipped, named and victualled,
at their own proper costs and charges, so that in recompense of
their charge and adventure therein, they may have and enjoy
to their own uses all such Ships, Munition Goods, Moneys, and
Merchandizes which they shall take and surprize by Sea or Land,
intended or designed against the Parliament and their adherents
the well-affected persons of this Kingdome, as aforesaid, or that
have carried, or they shall take carrying, any the said supplies to
the intents aforesaid. Which being well approved by the Lords
and Commons in Parliament as a good and acceptable service,
they doe commend the same for a pious and laudable undertaking, and are willing to give it all the encouragement and
advancement that may be to bring it to a good and successfull
issue, as tending very much to the honour of the King and the
welfare of this nation; And therefore, for the better enabling the
performance of this so free and commendable undertaking and
enterprize, It is ordered, established and ordained by the Lords
and Commons assembled in this present Parliament, and by the
authority of the same, That it shall and may be lawfull, for any
of his Majesties good and loyall Subjects of this Kingdome of
England (to be approved and thereto appointed by the Commissioners of the Admiralty established by the Parliament) in warlike manner to equippe and furnish for the said intended imployment such and so many Ships and other Vessels as they
shall thinke fitting, and to place in them competent numbers of
Souldiers Marriners and Gunners, with necessary Armes and
Provisions for that service, and to appoint over them such
Commanders, Captaines and Officers as they shall think fit; and
the same ships and Vessels so manned, equipped, arm'd and provided to set forth to the Sea, and with the same to seize, surprise,
and take all and all manner of Ships and Vessels, with the
Ordnance, Ammunition Goods, Commanders and Souldiers therein that they shall finde or understand are sent or are come to
any parts of this Kingdome to the prejudice thereof, as aforesaid; and further to surprize and take all and all manner of
Pirates and Sea-rovers of what Nation soever, and their ships
and goods whatsoever; And for the better incouragement of all
such Adventurers in the said interprize, It is by the Lords and
Commons likewise ordered and Ordained, That the said Adventurers shall have and injoy as their proper goods, all Ships,
Goods, Monies, Plate, Armes, Ammunition, Victualls, Pillage, and
Spoyle which shall be seized, or taken by any persons by them
to be imployed by force and vertue of this Ordinance, which by
definitive sentence to be given in His Majesties High Court of
his Admiralty shall be pronounced at the time of the taking or
seizing thereof, to have beene sent, designed or intended to come
into this Kingdome against the Parliament, and all well-affected
persons their adherents in this Nation, or to have belonged to
any Pirates or Sea-Rovers whatsoever: and the same to have and
enjoy to their owne use, without any account whatsoever thereof
to be made; Onely reserving the tenths accustomed in such cases
to be paid to the Admirall. And it is further Ordered and
Ordained, That there shall be true and faithful inventories taken
of the Ships, Ammunition, Monies, Goods, Plate, Pillage and
Spoyle which shall be taken by vertue and authority of this
present Ordinance, and a true appraisement made of the same,
and the same, together with all papers and writeings found in
any ship, or other vessel by them to be taken shall be carefully
preserved, and two or three of the officers of every Ship or other
Vessell so taken, shall be examined before the chiefe officer of
the next safe port of England, and the said examinations with
the said papers, inventories, and appraisements, shall be sent into
the Registry of the High Court of Admiralty aforesaid, to the
end that the taking of the said ships may thereby be justified or
restitution by the said Adventures (if there shall be just cause)
there made. And more particularly it is hereby ordered, and
ordained by the Lords and Commons aforesaid, and they doe by
vertue of this ordinance give unto the persons to be set forth to
the Seas, as aforesaid, and to every of them power, authority,
and warrant. That if they shall happen upon the Seas or in
any port, harbour, or creeke, to meete with any Ship or Ships
that shall not willingly yield themselves to be visited, and proved
by Law and Justice, but will defend themselves by force and
violence, then they shall by all meanes possible, and with all
force compell them to yield, and submit themselves to reason
and Justice, although it doe fall out that by fighting with them
one or more of them be mained, hurt, or slaine in the resistance.
And it is further ordered and ordained, That the Owners,
Captaine, Master and two or three other of the principall Officers
of every of the Ships and Pinnaces, so to be set forth upon the
said interprize, shall before their going to Sea, enter into a Bond
in the High Court of the Admiralty, in the summe of two
thousand pounds to the use of the King's Majesty, that the said
ships or Pinnaces respectively, nor their Captaines, Masters, nor
any of their Company, under colour or pretence of this Ordinance
shall rob, spoyle, or indammage any of the King's Subjects,
Friends, or Allies as shall be found to have carried or shall be
found carrying Ordnance, Armes, Ammunition, &c. As aforesaid,
or shall have committed Piracy. And that true inventories and
appraisements shall be taken of the ships, and goods, before the
same shall be vended or disposed, and the same together with
the papers found aboard any such ship, and the examination of the chiefe Officers of the same ships as is before declared,
returned into the Registry of the High Court of the Admiralty
aforesaid.
Benefit of this Ordinance not to extend where no security and certificate.
And lastly, it is hereby further ordered and ordained, That
this Ordinance nor any benefit thereby shall extend to the setters
forth of any Ship or other Vessell upon the enterprize aforesaid,
where bonds shall not be given as is before expressed, and a
certificate under the Admiralty Seale obtained of the putting in
of such caution.