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A74453 An act for calling home sea-men and mariners, and inhibiting such to serve abroad without licence. Thursday the 9th of September, 1652. Ordered by the Parliament, that this Act be forthwith printed and published. Hen: Scobell, Cleric. Parliamenti. England and Wales. Parliament. 1652 (1652) Thomason E1061_77; ESTC R209357 2,455 9

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AN ACT For calling home Sea-men and Mariners AND Inhibiting such to serve abroad without LICENCE Thursday the 9th of September 1652. ORdered by the Parliament That this Act be forthwith Printed and Published Hen Scobell Cleric Parliamenti London Printed by John Field Printer to the Parliament of England 1652. AN ACT For calling home Sea-men and Mariners And Inhibiting such to Serve abroad without LICENSE WHereas by an Act of this present Parliament passed in April One thousand six hundred and fifty Entituled An Act for preventing Injuries and Wrongs done to Merchants at Sea in their Persons Ships or Goods and prohibiting Mariners from serving under Foreign Princes or States without License It was for the Reasons therein set forth Enacted That all English Mariners and Sea-men that were then serving abroad in the Service of any Foreign Prince or State should within the space of Four Moneths then next ensuing and now past withdraw themselves from such Foreign Service and repair home to serve the Commonwealth of England according to their duty under pain to be severely punished And that if any English Mariners and Sea-men should from and after the passing of the said recited Act depart out of England and enter into any Foreign Service without special License first obtained That every such Offence should be punished with Death as by that Act more at large appeareth which notwithstanding divers English Mariners and Seamen do still continue abroad in such Service without repairing home to serve this Commonwealth as that Act requireth and others have withdrawn without License contrary to the Tenor of the same Act whereby they have given just cause for a Criminal Proceeding to be had against them Nevertheless The Parliament being unwilling to look severely upon such past Defaults inclining rather to extend Grace and Mercy to all such as shall yet come in and return to their Duties within the time hereafter limited and appointed by this Act do hold forth favor and pardon and do hereby grant full and absolute Pardon a●d Remission to all such English Mariners and Seamen as having served in any such Foreign Service shall within the time herein afterwards limited come home and give up their Names as is after mentioned And be it Enacted and Ordained by this present Parliament and by the Authority of the same That all Ship-wrights Ship-Carpenters Mariners and Sea men belonging to this Commonwealth serving-abroad in any ship or ships Vessel or Vessels belonging to any Foreign Prince State or Person or which shall be imployed in building or repairing of any Ship or Vessel for any Foreign Prince State or Person whatsoever shall within the several spaces of time hereafter limited withdraw from such Service and make their personal repairs home To wit such as are in service of the French or of the States General of the Vnited Provinces or any of the People thereof now within any of the same Provinces or in the service of them or any other Foreign Prince State or Person in any of the Ships or Fleets in the Narrow Seas or in the Northern Seas within Ten weeks next insuing the Publication of this Act And for such others as are serving in the East-Indies that they and every of them shall repair home within Two years after such Publication and for such as are serving in the West-Indies or any other far distant and Remote places That they and every of them shall repair home within twelve Moneths after such Publication as aforesaid give notice of such their returning into their Native Countrey to the Governor or Chief Magistrate of the Port or place where they arrive who is to record the same in a book and to certifie the Tenor thereof to the Councel of State or Committee or Commissioners of the Navy or Admiralty for the time being to the end care may be taken for their present Imployment when they shall make their Addresses for the same upon pain of all and every the Ship-wrights Ship-carpenters Mariners and Sea men offending in the Premises to be proceeded against and Adjudged to suffer the pains of Death and likewise to Forfeit as in case of Felony And it is Ordained and Enacted by the Authority aforesaid That the said Offences and every of them shall be Enquired on and Heard and Determined by and before such discreet persons as shall be appointed by the Lords Commissioners of the Great Seal of England for the time being to be Commissioners by Commission of Oyer and Terminer for the Tryal of such Offenders And the said Commissioners so to be appointed as aforesaid shall have full Power and Authority by vertue of this Act and are hereby enabled to Enquire Hear and Determine of the Offences aforesaid according to the Tenor and true Meaning of this Act and to put their Iudgements in execution and cause the same to be duly Executed Provided always And be it Enacted by the Authority aforesaid That none shall be Impeached for any Offence against this Statute unless the same Impeachment be prosecuted or begun within the year next after the Return of such Offender into England And that such person and persons as shall be Prosecuted or Tryed upon this Law shall not onely be received and admitted to make any lawful Proof he or they can by witness or otherwise for his or their Discharge and Defence in that behalf But that also it shall be in the Power of the said Commissioners where they upon the hearing of the Matter shall finde it just or meet in their Discretion so to do to admit the Oath of such person and persons so brought to Trial for his or their Excuse by reason of Remoteness of place or invincible ignorance or want of Opportunity to come home or what other matter shall be just Provided also and be it Declared and Enacted by the Authority aforesaid That nothing in this Act contained shall be interpreted to the Excuse or Extenuation of the Crimes and Offences of any Ship-wright Ship-carpenter Sea man Mariner or other person belonging to this Commonwealth who shall be taken in the service of any other State or person against this Commonwealth but that they shall be lyable to the severest Penalties of the Law in that behalf as soon as they may be Apprehended and brought forth to answer for such their Demerits any thing herein specified to the contrary notwithstanding And to the end due Notice may be taken of this Act for the better Observance of the same by all persons therein concerned It is lastly Enacted and Ordained by the Authority aforesaid That this Act be duly published upon the Exchange London three several days at the time of the Concourse of Merchants there by the Serjeant at Arms attending the Parliament which is and shall be construed to be the Publication intended and formerly expressed in this Act And nevertheless it is left to the Councel of State to cause such further publication to be thereof made in Maritine Towns or otherwise as they shall judge fit and expedient Thursday the 9th of September 1652. ORdered by the Parliament That this Act be forthwith Printed and Published Hen Scobell Cleric Parliamenti