December 1643
[1 December, 1643.]
Whereas the Lords and Commons now assembled in Parliament
doe finde by continuall experience, that very great quantities of
Ordnance, Arms, and other warlike Ammunition, together with
Goods, Ships, and Victuals of all sorts and kinds, have been and
still are brought into Newcastle, Falmouth, Dartmouth, Weymouth, Bristol, and other parts of this Kingdome, being in Hostilitieagainst the King and Parliament, and also into the Kingdome
of Ireland, from forraigne parts, to be imployed for the reliefe
of the Rebels of the said Kingdomes of England and Ireland, and
against the Parliament and their Adherents, the well-affected
Persons of this Realme. And whereas divers well-affected Subjects, out of their loyall respect to his Majesty, their pious disposition to the happinesse and peace 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 or the Kingdomes of Scotland or Ireland, have lately
made knowne to the said Lords and Commons their voluntary dis
position and readinesse to set forth some Ships and Pinnaces warlikely appointed, equipped, and manned, at their owne proper costs
and charges, so that in recompence of their charge and adventure
therein they may have and enjoy to their own uses all such
Ships, Ammunition, Goods, Moneys, and Merchandize, which
they shall take or surprize by Sea or by Land, intended or
designed against the Parliament and their Adherents in this
Kingdome, or for the reliefe of the Rebels in the Kingdome of
Ireland as aforesaid, or that have carried, or they shall take
carrying, any of the supplies to the intents aforesaid; And also
so much Money paid them or their Assignes, by the said Lords
and Commons, or the Treasurer of the Navie for the time being
by their appointment, as shall inable them respectively to
victuall their Ships and Pinnaces for so many moneths as they
shall imploy them at Sea in this service, accompting twenty
shillings to each man for a moneths Victuals at twenty eight dayes
to the moneth, and not exceeding fourty men to every hundred
Tonnes of their respective Ships nor sixe moneths in any one
voyage; which being well approved by the Lords and Commons
in Parliament as a good and acceptable service, and advantagious
to the publike, and being willing to give it all the incouragement
and advancement that may be to bring it to a good and succesful
issue, as tending very much to the honour of the King, and
welfare of all His Majesties Dominions. And therefore
for the better inabling and 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 to be approved, and
thereto appointed by the Lord High Admirall of England, appointed by both Houses for the time being, in warlike manner to
equip, furnish, and set out for the said intended imployment, such
and so many Ships and other Vessels of warre as they shall
thinke fitting, and to place in them competent numbers of
Souldiers, Mariners, and Gunners, with necessary Armes and
provisions for that service: And to appoint over them such
Commanders, Captaines, and Officers, as they shall thinke fit:
And the same Ships and Vessels so manned, equipped, armed
and provided, to set forth to Sea, and with the same to seize,
surprize, and take, all, and all manner of Ships and Vessels, with
the Ordnance, Ammunition, Victuals, Goods, Commanders and
Souldiers therein, that they shall meet withall in, or outwards
bound from any Port or place within any of His Majesties
Dominions, being in Hostility against the King and Parliament,
or comming from or returning too any such Port or place, or
that shall be found to have traded with the Inhabitants of any
such Port or place since their defection from the King and Parliament: And also to seize, surprize, and take all manner of Ships
and Vessels, with the Ordnance, Ammunition, Victuals, and
Goods therein, belonging to any Rebell or Rebels in Ireland;
and further, to surprize and take, all, and all manner of Pirats
and Sea rovers of what Nation soever, and their ships and
Goods whatsoever. And for the better incouragement of such
Adventurers in the said enterprize, It is by the Lords
and Commons likewise Ordered and Ordained, That the said
Adventurers shall upon Bills signed by the Commissioners for the
Navy for the time being according to the forme of that Office,
have and receive from Sir Henry Vane Knight, Treasurer of the
Navy, or the Treasurer of the Navy for the time being by the
order and allowance of the Committee of the Navy, such and so
much money in lieu of, and for their Victuals as shall by the
said Commissioners for the Navy bee found justly due and
payable to them, after the rate of 20 shillings a man for a moneth
for all the men they shall imploy in their respective Ships, and,
for so many moneths as the said ships shall be really and actually
imployed in the service aforesaid, accompting fourty men to one
hundred Tonnes, and so in proportion, and twenty eight dayes to
the moneth, as aforesaid, and shall further have and enjoy as
their proper Goods, all Ships, Goods, Moneys, Plate, Armes,
Ammunition, Victuals, Pillage, and Spoils, which they shall
(according to the purport and true intent of this Ordinance, and
by virtue and force of the same) justly and lawfully seize and
take by themselves, or any persons by them to be imployed by
force and vertue of this Ordinance, and shall be so adjudged,
pronounced, and declared by definitive sentence in the high
Court of Admiralty, and the same so taken and adjudged, shall
have and enjoy to their owne use, and the use of the common
Mariners to be equally divided the tenths of all such prizes, and
the customes first deducted, paid, secured, or compounded for.
And it is further Ordained that if the said Adventurers or any
ships by them imployed shall happen, upon the Seas or in any
Harbour or Creeke, to meet with any ship or ships that shall
not willingly yeeld themselves to be visited, but shall make
resistance by force and violence then they shall by all means
possible, and with all force compell them to yield and submit
themselves to reason and justice, although it doth fall out that
by fighting with them one or more of them be maymed, hurt, or
slaine in the resistance. And it is further Ordained that the
said Adventurers, nor any of the ships imployed by them, shall
be at, or under the command of the Lord High-Admirall, or
his Vice or Rere-Admiral; or the power or command of any
whatsoever, acting by his authority under him, or by the
authority of one or both Houses of Parliament to ride at Anchor
or otherwise saile to any Port or place whatsoever, without the
free consent of the Adventurers, or those they shall so imploy,
except it be in case of extreame necessity for preservation of any
of His Majesties Dominions, but that they and every of them
shall have liberty to seeke and take their purchase, where and
how they please, according to such instructions as shall be from
time to time given them by the Lord high Admirall of England,
or the Commissioners of the Admiralty appointed by both
Houses for the time being, without the let, molestation, or
command of the said Lord high Admirall, or any person or
persons whatsoever. And it is further ordered, that the
Captaine, Master and chiefe Officers of every of the ships and
Pinnaces so to be set forth upon the said enterprize shall before
their going to Sea enter into a bond in the high Court of
Admiralty in the summe of two thousand pounds or upwards
according as the Lord high Admirall of England, appointed by both
Houses for the time being shall think fit; That the said Ships and
Pinnaces respectively, their Captaines, Masters, or Companies,
under colour or pretence of this Ordinance shall not rob spoile,
or endammage any of the King's subjects, friends, or allies, other
than such as are intended by this Ordinance; nor shall take or
surprize any Ships or Goods, other than such as they shall finde
in, or to be outwards bound from some Port or place within any
of His Majesties Dominions, that are or shall be in hostility
against the King and Parliament, or coming or returning to
some such Port or place; or that shall be found to have traded
with the Inhabitants of any such Port or place since their
defection from the King and Parliament; or shall belong to some
Irish rebell, or rebels or to some Pirate or Sea-rover as aforesaid. And that for the justification of their prize, they shall
bring into the Regestry of the high Court of the Admiralty, all
such Coquets, Bils of lading, and other documents and writings
as they shall take or finde in any such S[h]ip or Vessell, and
shall bring in with such Ships and Vessell two or three of the
principall Officers of every such Ship or Vessell, taken in the
same, to be examined by the Judge of the Admiralty, or such
Commissioners as he shall appoint, concerning the property of the
same Ship and Goods, and such other questions and interrgatories as he shall thinke fit to administer unto them; and shall
not breake bulke, sell, spoile, waste or diminish any of the said
Ships or Goods, untill they shall be adjudged in the high Court of
the Admiralty to have been lawfully taken according to the
true intent and meaning of this Ordinance, and a true
and just Inventory and appraisement shall be taken and made of
the same, and that they shall truly pay or deliver to such
Collectors or Receivors as the Lord high Admirall of England,
appointed by both Houses for the time being shall appoint, the
full tenths of the said prizes.
And it is hereby Ordered, Ordained, and Commanded by the
said Lords and Commons, That the Judge and other Officers of
the high Court of Admiralty aforesaid shall proceed to the
adjudging of such prizes as shall be taken by vertue of this
Ordinance and shall be by them saved harmlesse and indemnified for adjudging the same, and for doing such other Acts
according to their severall Offices, as shall bee requisite
thereunto. And 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 Admiraltie Seale, obtained of the
putting in of such caution.
And lastly, It is hereby further Ordered and Ordained, That
all Owners and adventure[r]s by Sea, that shall make use of the
power of this Ordinance for the seizing or surprizing of any Ship,
Goods, Plate, Armes, Ammunition, Victuals, Pillage and spoyle,
occasionally in their lawfull imployments or voyages at Sea, and
not as men of Warre set forth for that purpose, and to no other
end, shall not have, nor be allowed any money, for or towards
their victuals as aforesaid; and that whatsoever prize or purchase
shall be taken by vertue of this Ordinance, shall not be disposed
of or shared untill notice thereof given in the High Court of
Admiralty, and a judgement or sentence obtained for the same,
and an Inventorie, and an appraisement thereof shall be taken
and made, according to Order of that Court.