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cause_n	according_a	law_n	person_n	1,451	5	4.8874	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A74298	An act declaring the grounds and causes of making prize the ships and goods that shall be taken from time to time by the Parliaments ships at sea, and for the encouragement of officers, mariners and seamen. Die Martis, 17 April, 1649. Ordered by the Commons assembled in Parliament, that this act be forthwith printed and published. Hen: Scobell, Cleric. Parliament'.; Laws, etc.	England and Wales.	1649 (1649)	Thomason E1060_21; ESTC R208579	10,653	20

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 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 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 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 sea-men 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 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 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 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 Die Martis 17 Aprilis 1649. ORdered by the Commons assembled in Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliamenti

AN ACT Declaring the Grounds and Causes of making PRIZE THE SHIPS and GOODS that shall be taken from time to time by the Parliaments Ships at Sea and for the encouragement of Officers Mariners and Seamen Die Martis 17 April 1649. ORdered by the Commons assembled in Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliament ' London Printed for Edward Husband Printer to the Honorable House of Commons and are to be sold at his Shop in Fleetstreet at the Sign of the Golden-Dragon near the Inner-Temple April 20. 1649. AN ACT Declaring the Grounds and Causes of making Prize the Ships and Goods that shall be taken from time to time by the Parliament Ships at Sea and for the encouragement of Officers Marriners and Seamen 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 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 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 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 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 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 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 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 the 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 the 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 such as he shal imploy for that purpose