Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	say_a	ship_n	vessel_n	2,929	5	10.6889	5	false

Text snippets containing the quad

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

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

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 shal be found meet to be administred unto them or otherwise in case they cannot be conveniently sent up to the said Court 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 the 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 the 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 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 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 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