VVHereas the Parliament of England hath hereto­fore, by several Ordi­nances and Acts made and promulged, for the necessary Defence of the Dominions and Common-Wealth of England and Ireland, ac­cording to the Laws of Reason and Nations, forbidden Commerce and Trade to any ports or places within those Nations, being in rebellion and hostility against the Parliament of England; and more particularly by an Ordinance dated the 30 of November, 1643. power was given to seize and surprize all and all maner of Ships and Vessels, with the Ordnance, Ammunition, Victuals, Goods, Commanders and Soldiers therein, that should be met withal in or out­wards, bound from any Port or place within the Dominions of these Nations, being in Hostility against the Parliament, or coming from, or re­turning to any such Port or place; or that should be found to have Traded with the Inhabi­tants [Page 158] of any such port or place since their defe­ction from the Parliament, and also to seize, sur­prize and take all Ships, Vessels, Ordnance, Ammunition, Victuals and Goods belonging to and Rebel or Rebels in Ireland, and all maner of Pirats and Sea-Rovers, of what Nation soe­ver, and their Ships and Goods, and the same to procure to be adjudged in the High-Court of Admiralty for lawful prize; And by another Or­dinance of the 29 of January, 1645. power was given for the setting forth ships to Sea, equip­ped, furnished and armed, in Warlike maner, and the same to employ for the seizing, taking, and surprizing of all ships and vessels belonging to any of the subjects of these Dominions, which should be met withal in or outwards, bound from any port or place, being in Hostility against the Parliament; together with all the Ordnance, Ammunition, Victuals, Goods, Commanders and Soldiers therein; as also for the seizing, sur­prizing and taking of all Ships and Vessels whatsoever, with the Ordnance, Ammunition, Victuals and Goods therein, belonging to any Rebel or Rebels in Ireland; and also the ships and goods of any other person whatsoever, Foreigner or other, which shall be going to, or coming from any port or place in Ireland, in Hostility against the Parliament; as also for the seizing, surprizing and taking of all and all maner of ships and ves­sels belonging to any Foreigner, or of any Fo­reign Nation going to any port or place in Hosti­lity against the Parliament, with Arms, Am­munition, or other Contrabanda goods, for sup­ply of the Forces raised against the Parliament, and adjudging and condemning the same, toge­ther with the goods themselves, and all such o­ther goods as belong to the Masters or Laders [Page 159] of such Contrabanda goods; and likewise for the seizing, surprizing and taking all Pirats and Sea-Rovers, of what Nation soever, and their ships and goods whatsoever, according to the au­thority, meaning and true intent of the said Or­dinance of the said 30 of Novemb. 1643. and by an­other Ordinance printed April 6. 1644. power was given for the equipping, arming and setting forth ships to Sea, to seize, surprize and take all ships and vessels, with the Ordnance, Ammunition, Goods, Commanders and Soldiers therein, that they should finde were sent, or to come to any parts of this Nation, to the prejudice thereof: And further likewise Ordained, That there should be true and faithful Inventories taken of the Ships, Ammunition, Moneys, Goods, Plate, Pillage and Spoil which should be taken, and a true appraisment made of the same; and the same, together with all papers and writings found in any ships or other vessels so taken, to be carefully preserved, and two or three of the Officers of every ship or vessel so taken, ei­ther to be brought up and examined in the Court of Admiralty, concerning the property of the said ships and goods, and such other Questions and Interrogatories as should be thought fit to be administred unto them; or otherwise, that the said Officers of the said ships or vessels so taken, should be examined before the chief Officer of the next port of England; and the said Examinations, with the said papers, inventories & apprizements, to be sent unto the Register of the High Court of Admiralty aforesaid, to the end that thereby, and by such other proofs and evidences as should be produced in the said Court, the taking and sur­prizing of the said ships, vessels and goods might be justified, and sentence of condemnation be pro­mulged; [Page 160] or otherwise, if there should be found just cause for restitution to the first owners or former proprietors, that Iustice should be duly administred, and Restitution awarded: And by an Act of this present Parliament, made in February, One thousand six hundred forty eight, Ordered the Two and twentieth of February a­foresaid to be printed and published, entituled, An Act for encouragement of Officers and Mariners, and Impresting Seamen, It is Enacted and Ordain-amongst other things, That if the ship or ships employed in the service of the Parliament, men­tioned in that Act, should take or surprize any of the Revolted ships, that then they should be re­warded as in that Act is contained: And also in case they should surprize or take any Mer­chants ships, English or Stranger, declaring himself against the Parliament, or carrying any Ordnance, Ammunition, Corn or any other provisions, to assist against the Parliament, that the ship and goods so taken before they break bulk, shall first be adjudged in the Admi­ralty Court, with divers other clauses and pro­visions, as well in the said last mentioned Act, as in the said former Ordinances, and other Or­dinances contained: The Parliament of England conceiving it requisite, as well for the encourage­ment of the Marriners and Seamen, and well-affected, the better to perform their duties, as for the taking away of all excuse from such as shall hereafter offend, and be found culpable af­ter the making and publishing of this Act, That therefore, and for divers other weighty reasons, there should out of all the said former Ordinan­ces and Acts, and such other supplements as should be necessary for the guard of the Narrow Seas, proeection and preservation of Trade, [Page 161] and necessary defence and safeguard of these Na­tions and Commonwealth, be one entire Law and Act of Parliament, framed, made, and du­ly published, according to the Law of Nations, manifesting and reciting therein entirely toge­ther, that they may be readily discerned at one view, the several and particular cases, which they for their necessary preservation, and other the weighty reasons aforesaid, do Declare and Ordain to be just causes of seizure and adjudica­tion for lawful prize, together also with the other clauses and regulations hereafter in this Act set forth: It is therefore Established, Ordained and Enacted, and be it Enacted by this present Par­liament, and by the authority of the same, That it shall and may be lawful, as well for any of the Parliament ships, or other ships or vessels what­soever, set out or to be set out or employed by them in their service, as also for any other ships, vessels, or private Men of War, approved or to be approved thereto, by the immediate authori­ty of the Parliament, or by the Councel of State established by Parliament, to seize, surprize, and take, not onely all and every the Revolted shipes that have treacherously betrayed their Trust, and made defection from the Parliament; but also all such other ships or vessels whatsoever, and all the Ordnance, Ammunition, Provisions, Victuals, Wares, Merchandizes and Goods whatsoever in the same ships or vessels, belong­ing to any Foreigner or other person whatsoe­ver, that have or shall associate or joyn with the revolted ships, or any of them, or carry them any Arms, Ammunition, Victuals or Provisions, or shall yield them any assistance against the Parliament; and also all other ships and vessels whatsoever, of this or any Foreign Nation [Page 162] whatsoever (with all the Ordnance, Ammunition Provisions and Goods whatsoever, therein to be found) which shal accept, receive or take any Com­mission or Commissions, or Letters of Marque, or other authority from or under Charls Stuart, son to the late deceased King of England, or any other Son of the said late deceased King, or from or under Prince Rupert, calling himself Prince Pala­tine; and also all the ships, vessels and goods, Com­manders and Soldiers of the said Charls Stuart, Son to the said late deceased King, and of the said Prince Rupert, and both and either of them: And also all other ships and vessels, with the Ordnance, Ammunition, Victuals, Provisions, Goods, Wares and Merchandizes whatsoever (of any of the people of these Nations, or any Fo­raign Nation whatsoever) therein carrying any maner of Contrabanda goods, that shall be met withal in any port or place, or inwards or out­wards, bound from any port or place within the Dominions of England, and Ireland, or Wales, be­ing, or that then shall be in Hostility against the Parliament, or that shall be found Trading, or within the space of six moneths before the sei­zure, to have Traded in the time of their defecti­on within any such port or place aforesaid, being as aforesaid in Defection or Hostility against the Parliament: And also all the Ships, Vessels, Arms, Ammunition and Goods whatsoever, of any persons Foreigners, of what Foreign Nati­on soever, or other persons whatsoever, which shall be going to any port or place, then being in Hostility against the Parliament, with Soldiers or Arms, Ammunition or other Contrabanda goods, for supply or assistance of any Forces raised or to be raised against the Parliament, or which shall be designed, sent or ordered to carry, [Page 163] transport or bring any Commanders, Soldiers, Forces, Arms or Ammunition into England, to the disturbance of the Peace, or prejudice thereof; and also all the ships, vessels, provisions and goods of what kinde soever, belonging to any Rebel or Rebels in Ireland: All which, and every of the par­ticulars aforesaid, shall be, and shall in the High Court of Admiralty of England, upon due proof, and according to legal course in that case, be ad­judged and condemned for lawful prize. And for that Ireland hath of long time been, and still is, de­pendant of England, and subject to such Laws, Orders, Regulements and Constitutions as are or shall be made by the Parliament of England; and for that not onely divers provinces, ports and places in Ireland, but even the province of Munster it self, with all the ports and places under the command of the Lord Inchiquin, have lately trea­cherously betrayed the trust reposed in them by the Parliament of England, and made defection, and Rebelled, and are in rei veritate, and so by the Laws of Nations ought to be accompted to be notorious Rebels, that ought not to hold any ma­ner of correspondency abroad, nor to enjoy the li­berty of commerce or traffique: And for that the Parliament doth speedily intend, by the assistance of God, to use all lawful and just means for their suppression, and punishment of their said Rebelli­on, and reduction of all those ports, provinces and places in Ireland, to fidelity and due obedience; and for the Reasons aforesaid doth declare and mani­fest, That they prohibite and forbid all maner of Commerce, Traffique and correspondency what­soever, to be used or held with any of the said Re­bels in Ireland, or within any of the Provinces, Ports, Harbors, Rivers or places of Ireland, in the possession, or under the power of the Re­bels to the Parliament of England; Be it there­fore [Page 164] further Enacted by this present Parliament, and by the authority of the same, that it shall and may be lawful, to any of the Fleet or ships set forth or to be set forth or imployed by or under the Parliament, or any private Men of War, or ships to be allowed or approved by the immediate pow­er of Parliament, or the Councel of State esta­blished by Parliament, To seize, surprize & take all and all maner of ships, vessels and goods, of what nature or kinde soever, belonging to all per­sons whatsoever, whether Foreign or other, which shall be found or met withal in any Port, Harbor, Creek, River or place in Ireland, being in the possession of y^e said Rebels of Ireland, or any of them, or under their power and command, or be­ing in hostility against the Parliament of England; and also all ships, vessels and goods, of what Na­tion soever, that shal be going to, or coming from any such port, harbor or place in Ireland, in y^e hands or possession of the said Rebels, or any of them, or in hostility against the Parliament of England as aforesaid. And be it likewise Enacted by the au­thority aforesaid, That whatsoever prize or prizes shall be so seized, surprized or taken in all or any of the cases aforesaid, by vertue of this Act, shall be safely preserved and kept, without pillaging, spoiling, imbezling, or in any sort breaking of bulk, until after judgement shall be given concerning the same in the High Court of Admiralty of Eng­land. And that no Captain, or any other officers or Mariners that shall so take such prize or prizes, shall break bulk, nor imbezle, nor suffer to be im­bezled, purloined, taken or stoln away, any of the Tackles, Apparel, Furniture or Goods, of or in any of the said ships or vessels so taken as prize, but shall cause the same entire to be brought in­to some English Port, where the same shall be secured by the chief Magistrate of that Port, or [Page 165] such as he shal imploy for that purpose, with some two or more such persons to look thereunto, as the Officers and Mariners interessed shall in­trust, until the same shall be viewed, inventoried, apprized and further secured, by such person or per­sons as shall be appointed thereunto by the Coun­cel of State, on the one part, and the persons trust­ed as aforesaid, in behalf of the Officers, Mari­ners and Seamen interessed, on the other part; and until Iudgement shall be given in the said Court of Admiralty, upon & concerning the said respective ships and goods so taken as aforesaid in due course of Law. And to the end that there may be a fair, legal and just proceeding in the said Court of Admiralty, upon & concerning all and singular the said premises, in all and every the ca­ses aforesaid, Be it Enacted by the authority a­foresaid, That all and every the charter, parties, cockets, bills of lading, Commissions, Letters of Mart, private Letters, Instruments, Contracts and all other documents and writings whatsoe­ver, that shall be taken or found in every and any of the said ships or vessels so to be taken or surpri­zed by vertue of this Act, or found upon any of the persons in the same, shall be duly and safely pre­served, and sent up or transmitted into the said Court of Admiralty. And that also two or three of the officers or principal persons of, or found in every such ship or vessel so taken as aforesaid, shal either be brought up or sent to be examined upon oath in the said Court of Admiralty, as wel tou­ching the said writings found in the said ship or vessel, and the proprietors, owners and masters of the same ships, and the goods therein, and the places from whence they came, and whether they were bound, & such other questions & interogato­ries as in each particular case shalbe found meet to be administred unto them; or otherwise in case they cannot be conveniently sent up to the said Court, [Page 166] That then the said Officers, and two, three, or more of the principal men so taken or found in the said ships or vessels, shall be duly examined upon Oath, before the chief Officer of some port in England, or some Iustice of the Peace, of and concerning the matters, particulars and premi­ses before recited: And as well all and every their such Examinations, as also all and singu­lar the said Writings found aboard the said ships, shall be duly transmitted and sent in to the said Court of Admiralty. And it is further Enacted, That the Iudges of the said Court of Admiral­ty, upon perusal of the said Examinations, and of the said Writings so transmitted unto them, and such other evidences and proofs as shall in due course of Law be made or exhibited before them, as well on the one side, for proving and justifying the same to be prize, as for and on the behalf of all other persons that shall in the proceeding of the said causes appear, and put in any claims, or un­dertake the defence for the said ships or goods so taken, or any of them, shal duly proceed to judge­ment; and upon due and deliberate consideration of the said proofs on both sides, and the allegati­ons and pleas on either side, shall in all and every the particulars and cases declared to be prize by this Act, by definitive sentence to be promulged in the said Court, adjudge and condemn the said ships and goods so taken, to be duly taken, and to be good and lawful prize. And where it shall upon proof fall out of the particulars and cases decla­red by this Act as aforesaid to be prize, there y^e said Iudges shal, according to the merits of the cases, award restitution to the owners, masters or pro­prietors, & in all cases duly administer true justice to either party, according to y^e true intent & mean­ing of this Act: Provided always, that if any prize or prizes so taken, or any part thereof, shal appear and be proved in the said Court of Admiralty, [Page 167] to be any ship or goods belonging to any of the well-affected and good People of England or of Ireland, remaining and continuing under the pro­tection of the Parliament, and before taken or surprized from them by any Enemy or Rebel, or disaffected person, and afterwards again sur­prized and retaken by any of the Fleet or Ships imployed or to be imployed in the service of the Parliament, or any private Man of War, or other ship or vessel under the protection or obe­dience of the Parliament, That then such ships and goods, and every such part and parts there­of as aforesaid, belonging to the said good peo­ple aforesaid, shall be adjudged to be restored, and shall be by Decree of the said Court of Admi­ralty accordingly restored to such former owner and owners, or proprietors; paying for and in lieu of salvage, onely one eight part of the true va­lue of the ships and goods respectively so to be restored, unless such ships so retaken, shall ap­pear to have been after their taking by the Ene­mies, Rebels or disaffected, set forth by them as Men of War on their behalf: In which case the said true and first owners and proprietors to whom the same shall be restored, shall be adjud­ged to pay, and shall pay for salvage the full moy­ety of the true value of the said ships so retaken and restored. And the said Parliament of Eng­land doth Declare, That as they do make, pro­mulge and set forth this Act for the seizing and taking of prizes, in the particular cases, and upon the just and weighty Reasons aforesaid, for their necessary defence and preservation, ac­cording to that Liberty which the Laws of Nature, Reason, and Nations allows them in these Cases, without Infringing or In­trenching upon any the Leagues, Treaties, [Page] or Articles of Peace heretofore made between any Forreign Kings, Princes, States or Na­tions, and the said Dominions of England and Ireland; so they do intend to uphold, maintain, and keep, and are ready to renew the Leagues and Amities between these and Foreign Nati­ons, Kingdoms and States, and freely to per­mit, suffer, and give encouragement to all Fo­reigners and Strangers; and all the Subjects of Foreign Nations and Countreys in amity with these Nations, to use, exercise, have and enjoy the full liberty of all maner of Trade and commerce, as well to and with the city of London, as also to and with all & every the ports and pla­ces within England and Ireland, standing right, and keeping their fidelity to the Parliament, they paying the Customs, and discharging such du­ties as are rightfully due and accustomed. And for the encouragement of Seamen and Mari­ners to apply themselves the more willingly to the service of the Commonwealth; Be it also Enacted by the authority aforesaid, That what­soever ship or ships of the Parliament, imploy­ed immediately under them in this Service, shall take, surprize or reduce any of the said Revolted ships, or any private Man of War, or other Man of War belonging to the said Charls Stuart, Son to the said late deceased King, or the said Prince Rupert, or that hath or shall take or re­ceive any Commission from or under them, or either of them, or any other person, to fight against the Parliament, or disturb the peace of this Commonwealth, or infest the Seas, and hinder the free Trade and Traffiique of Merchants, and other good people by Sea or otherwise, shall have for reward, over and above their wages, one moyety of the full [Page 169] value of all and every such Ship or Ships surprized or taken as aforesaid, and of the goods therein taken, to be distributed amongst the Captains, and other Officers and Mariners of the said ship or ships, according to the Custom of the Sea, Tun for Tun, and Man for Man; and the other moyety shall be put into a common Treasury, for the relief of the Officers and Mariners which shall be sick or wounded, and the Widows, Children and Impotent parents of such as shall be slain in the service of the Com­monwealth at Sea: The settling of which Treasury in trusty hands, and the ordering thereof for the use aforesaid, is referred to the Councel of State. And for their further incou­ragement, in case they shall sink, fire, or by any other ways or means destroy the Admiral of the Revolted ships, or of any other Fleet that shall fight, or declare their intentions to fight or main­tain Hostility against this Commonwealth, they shall receive of the State Twenty pounds Ster­lin for each piece of Ordnance in such Admiral so destroyed; and if the Vice-admiral, sixteen pounds for each Gun; and if the Rere-admiral, twelve pounds Sterlin for each Gun; and if any other ship of War of the said Revolted ships, or such Fleet aforesaid, Ten pounds for each Gun, to be distributed to the Captain, Officers and Mariners of the respective ships that shall be acting in the said service, and to be paid them to­gether with their wages: And also in case any of the States ships imployed in the service of the Commonwealth, shall surprize or take any Mer­chants ships, either English or Strangers, of­fending in any of the cases or particulars, de­clared by this Act to be prize, and that the same shall be in the said High Court of Admiral­ty [Page] adjudged prize, according to the true meaning of this Act, That then after such adjudication so given, the said ships and goods so adjudged shall be sold by the Candle, and the proceed there­of divided into three equal parts; that is to say, One third part to be paid to the Captain or Ca­ptains, and other Officers and Mariners surpri­zing or taking the same; and one other third part thereof to be disposed of for the use of the Com­monwealth, as the Parliament shall appoint; and the other third part thereof to be delivered into the Treasurry before appointed, for the re­lief of sick and maimed Seamen, and the Wi­dows, Children and Impotent Parents of the slain as aforesaid. And further, in case any Merchant ship or ships, imployed in the service of the State, shall take or surprize any Merchant ship as aforesaid, Then the ship or ships so taken, being adjudged in the said Court of Admiralty to be prize as aforesaid, shall be sold as afore­said, and the proceed thereof divided into three equal parts; that is to say, One third part there­of to the Captain or Captains, and other Offi­cers and Mariners surprizing or taking the same; and one other third part thereof to be paid in to the Treasury beforementioned, to be di­sposed of to the use aforesaid; and the other third part thereof to be equally divided into two parts; viz. One part thereof to the Owners of the said ships; and the other part thereof to the State. And it is hereby Declared and Enacted, That such ship or ships of the Fleet, that shall be in sight or pursuit of the aforesaid prize or prizes, when they shall happen to be so taken, and such only shall have a proportionable share in the said prize or prizes, according to the Custom of the Sea, Tun for Tun, and Man for Man. [Page 169] Provided always, That the Tenths of all prizes that shall be taken, customarily due to the Lord High Admiral, shall be paid in to the hands of such Treasurers as the Councel of State shall appoint for the profits of the Admi­ralty; the said Tenths to be disposed by order of the said Councel of State, for meddals or other rewards, to such Officers and Seamen of the Fleet, as by certificate under the hand and seal of the Commissioners commanding the Fleet at Sea, or any two of them, shall be found to have done any singular, eminent and extraordinory service therein: And the said Councel of State, is hereby required to take special care for the ob­serving of this Act, in all points concerning the incouragement of Officers, Mariners and sea­men to ingage in this service, that none may be defrauded of any benefit or advantage, growing due unto them by vertue of this Act, or any thing therein contained, according to the tenor and true meaning thereof.

And be it further Enacted, That if in any of the cases aforesaid, after sentence definitive given in the said Court of Admiralty, any ap­peal shall be made from any such sentence, That then the parties appealing, shall within fifteen days after their appeal so made or interposed, sue out their Commission of delegacy under the Great Seal, and within two days after the ob­taining thereof, present the same before two or more of the Iudges Delegates therein to be named, and procure from them not onely an in­hibition, but also a monition to the Register of the Admiralty, to transmit the process with all speed; and shall also within six days after the presentation of the said Commission, exhibit and give in their Libel appellatory, and Instru­ment [Page] of appeal, that the same were interposed before any publique Notary, and proceed in the said causes of appeal with effect, under the pain that the said appeals be pronounced to be desert­ed, and remitted back to the Court of Admiralty. And for the more speedy and effectual proceeding in the said causes of appeal, and that right and justice may be duly therein administred, and yet no procrastinations used, nor frivolous delays al­lowed, Be it Enacted, That if no new matter shall within six days after the transmission of the said process be pleaded, That then the Iudges of appeal shall proceed to conclude the cause, and assign the same for sentence: And if any new matter shall be alledged, such as shall be concludent and admissible by Law, That then the Iudges of appeal shall assign both parties some certain short term, ad pro ponendum omnia que consistunt in facto; and such a competent time to make their proofs thereupon as shall be requi­site, and so proceed to publication and conclusion of the cause, that the same may be finally sen­tenced and adjudged according to the rights and merits of the case, without any other or farther stop or removal whatsoever.

And as well the Iudges of the said Court of Admiralty, as also the Iudges of appeal, are required and commanded to administer Iu­stice truly and indifferently, in all and every the cases aforesaid that shall respectively come be­fore them, according to the true intent and meaning of this Act, and according to the Civil Law, and Law of Nations, that no person may have just cause to complain either for delay or lack of justice. And be it further Enacted and Ordained, That the Councel of State shall be, and are hereby enabled by Warrant by [Page 170] them directed to the said Court of Admiralty, to give licence to all such well affected persons as they shall approve of, to sue out Commissions or Letters of Reprizal out of the said Court, to enable them to set forth to Sea such particu­lar ships, and private Men of War, under such Captains and Officers as the Councel of State shall approve of, in Warlike maner, armed, equip­ped and furnished, for guard of the freedom of Trade, and safeguard of the Seas, and taking and surprizing of prizes in all and every the cases particularly before recited in this Act, and bring­ing the same to judgement in the High Court of Admiralty; and having and converting the same to their own uses, and the use of their Captains, Officers and Mariners surprizing the same, the tenths of all such prizes, or the full and true va­lue thereof first being duly paid to the State, to­gether with the Customs and Excize likewise due and accustomed. Provided always, That there be first for every such ship or private Men of War suing for such Commission, good security given in to the said Court of Admiralty, not to preju­dice nor harm the Friends or Allies of this Com­monwealth, nor any other person in any other cases, then in the cases declared in this Act to be prize; nor to pillage, spoil nor break bulk, before adjudication first passed in the said Court of Ad­miralty; and to transmit and send up thither, all the Papers, Writings and Demands that shall be found aboard the ships surprized, and to bring or procure, two or three, or more of every ship taken, to be duly examined, and to observe such other instructions and conditions as the Coun­cel of State shall further direct. And to the end that due intimation and publication of this Act may be made, and publique notice thereof [Page] be taken, Be it Ordered and Enacted, That this present Act shall be published by a Sergeant at Arms, three several days upon the Exchange London, at the time of the concourse of Mer­chants thither; and also copies thereof, sub­scribed by the Clerk of the Parliament, to be sent by the Speaker of the Parliament, to the Ambassadors and Ministers of Foreign Nations here resident, to be by them made known to the Subjects of those Princes or States which they represent, or from whom they are im­ployed.