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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

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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