May 1659: An Act for Constituting Commissioners for Ordering and Managing the Affairs of the Admiralty and Navy.

May, 1659.

[31 May, 1659.]

Names of Commissioners for Admiralty and Navy.; Their office and powers.;Power to administer oaths,; And issue warrants for repair and equipment of ships.; Commissioners to present to Parlt. lists of fit officers and mariners, with their salaries, for approbation.; Power to discharge officers under rank of Captain and Mari-ners and workmen, and appoint others.; Saving for powers of Admiralty Judges in Marine causes.; Survey of ships and their furniture to be delivered to Parliament.; Removal of corruptions and abuses.; Officers to obey orders of Commissioners.; Commissioners may call Councils of War.;And appoint Judge-Advocate.; His duties and powers.; Powers of Councils of War.

For the better ordering and managing of the Affairs of the Admiralty and Navy of this Commonwealth, and by the Authority of the same, Be it Enacted by this present Parliament, That Sir Henry Vane knight, George Thompson, John Carew, Richard Salwey, Esqs, Colonel Wanton, William Say; John Langley, Thomas Boon, Esqs; Colonel Morley, Colonel Salmon, Colonel Kelsey, and Colonel Clerk, or any four or more of them, whereof one of them to be a Member of this House, shall be, and are hereby constituted and appointed Commissioners for the Ordering, Managing, Directing and carrying on the Affairs of the Admiralty and Navy of this Commonwealth, and shall have, and hereby have committed unto them, the full care of, and Inspection into, and directive Power of all the things that concern, or are necessary to the providing and furnishing the Ships belonging to the Commonwealth for Service, and supplying them from time to time. And the said Commissioners, or any two or more of them are hereby Authorized and Impowered to Administer an Oath to any persons for the examination of any matter in relation to the business of the Navy. And the said Commissioners or any four of them, whereof one of them to be a Member of this House as aforesaid, are Authorized to make such Orders, and issue such Warrants for the Repairing and Preserving the Ships and vessels of the Commonwealth, and for the furnishing them with Stores and Ammunition, and for the Arming, Victualling, Manning, Setting them forth with all things belonging to them, and every of them, as they shall judge fit for the service of the Commonwealth, according to such Orders and Directions as they from time to time shall receive from the Parliament or Councel of State, and for the Sale and Disposal of old and unserviceable Ships and Vessels belonging to this Commonwealth, the Proceed thereof to be paid into the Treasury of the Navy, for the use of the Navy, And also for the new Building, Preparing, Fitting, Furnishing, Arming, Victualling, Manning, and Setting forth such Ships and Fleets as they shall receive Directions for, either from the Parliament, or from the Councel of State, appointed by Authority of Parliament, And the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, as aforesaid, are hereby Authorized and required from time to time, as the Service of the Commonwealth shall require, and as they shall receive Orders from the Parliament or Councel of State, to prepare a List of the Names of such Captains, and Masters, and other Officers of any Ship, Frigot, or Vessel belonging to this Commonwealth, as they shall judge fit and able for that Service; and also what Salaries and Wages they shall conceive just and fit to be given by the Parliament unto all Captains and Masters, and other Officers of any Ship, Frigate, or Vessel belonging to this Commonwealth and also to such Mariners, Workmen, and to all Officers and Persons, who are or shall be employed in the service of the Navy, the said Lists of the Names of Captains and Masters, and other Officers of any Ship, Frigot or Vessel belonging to this Commonwealth, and of Salaries and Wages, to be presented by the said Commissioners, in writing unto the Parliament for their Approbation. And the said Commissioners or any four or more of them, whereof one of them to be a Member of this House, as aforesaid, are hereby Authorized and Empowered from time to time to Remove, Displace, and Discharge from their Offices, and Imployments, belonging to the Navy, or to any Ship or Vessel of this Commonwealth, any Officers under the Degree of Captains of Ships, and any Mariners, Workmen, or other persons employed or to be employed, in the Service of the Navy, or of any Ship or Vessel of this Commonwealth, and to place such other able and fit Persons in the said Services and Employments, in the Rooms and places of the Persons who shall be so discharged or removed, as by the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, as aforesaid, shall be judged and thought fit for the Advantage and Service of the Commonwealth. Provided that nothing in this Act shall impeach or alter the Power given unto the Generals at Sea, for the Removing or Displacing of any Officer or Marriner at Sea, and placing others in their Rooms, in case of Exigency. Provided also that nothing in this Act shall any way impeach or alter the Power and Authority given by the Parliament unto the Judges of the Admiralty, in all Marine Causes, and Causes within the Jurisdiction of the Admiralty, which shall or may happen. And the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, as aforesaid, are hereby Authorized and Required by themselves or any other such fit Persons whom they shall for that purpose make Choice of, and Appoint with all convenient Speed, to take or cause to be taken, a true and perfect Survey and Accompt of all the Ships, Frigots, Pinnaces, and Vessels, of or belonging to the Navy; and of all the Ammunition, Tackle, Furniture, Cordage, Timber and Stores belonging to them or any of them, or in the Docks, Yards, Store-houses, or other Places, belonging to the Commonwealth, of all sorts; and also of all Courses now held in the Managing, Ordering, or Governing the Navy, and to deliver the same so made and taken, in Writing unto the Parliament, or such as they shall appoint to receive the same and therein likewise to propound such ways and means for the establishing of such Orders and Instructions for regulating the same, as shall be found agreeable to the Service of the Commonwealth, and may increase the Power and forces thereof by Sea, and to remove such Corruptions and Abuses as may prejudice the same, and especially may reduce the Marriners and Seamen, and Sea-Services to good order and obedience; that thereupon such speedy and effectual course may be taken by the Parliament or Councel of State, for the supplying of all defects, and reforming of all abuses, as shall be necessary and behoof-ful to make and continue the Navy serviceable and powerful (by the blessing of God) for the safety and honor of this Commonwealth. And all Officers and Ministers of or belonging to the Navy and Ships, and every of them, from time to time, and all others whom it may concern, are hereby enjoyned and required, That they, and every of them, from time to time be attendant upon the said Commissioners, and do carefully and diligently observe, execute, and perform all such Orders, Warrants and Directions, as the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House as aforesaid, shall make, give or direct touching the premises, and in pursuance of this Act; And the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House at Land, or any one or more of the Generals at Sea, are hereby Authorized and Impowered at such time or times as they shall judge expedient, for the Service of the Commonwealth, and Government of the Navy and Army at Sea, to call a Councel or Councels of War; of Captains or other Officers, as to them shall seem meet, and to appoint a Judge Advocate to attend the said Councels of War, and to do and perform the Duties of that Place, who is hereby Authorized to Administer an Oath to any person or persons for the examination of any matter which shall be depending before the said Councels of War: And the said Councels of War are hereby Authorized to cause any persons belonging to the said Navy and Army at Sea, to be summoned, and to appear before them, and there to proceed to the Trial of any Offenders against the Articles, Orders, or Ordinances of War for the Sea, by Examinations of Witnesses upon Oath, and to give Judgement, and to cause Execution to be done upon such Offenders, according to the Orders, Articles, and Ordinances of War established by Parliament. And the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, as aforesaid, are hereby Authorized and Impowered to do, execute and perform, all and every such further and other Authorities, Powers, and Instructions, as shall from time to time be given unto them by the Parliament.

Further powers of Commissioners:; Ammunition.; Seal of the Anchor; Naval provisions,; Salaries and charges.; Former votes and resolutions to be put in execution; Commissioners to manage timber in Forest of Dean and New Forest and iron works in Forest of Dean.; Warrants for Prize Goods.; Directions to Commissioners concerning waste of public stores. Enquiry and search therein and penalty therefor.

And be it further Enacted, That the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, be, and are hereby Authorized and required to Inspect the Office of the Ordnance, and to Contract, or give Order for such Contracts to be made from time to time for all such Provisions for Stores and Ammunition, as shall be requisite for supply of the Fleets, Armies, and Garisons of this Commonwealth, and to give Warrant from time to time to the Treasurer of the Navy, for the payment of all such Moneys as are already due, or shall hereafter become due and owing for any such Stores or Ammunition so contracted, or to be contracted for, as aforesaid: And the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, have hereby Power to make use of the Seal of the Anchor, for their Warrants, Commissions, Orders and other Transactions, and to make choice of, and appoint such Clerks and other Officers under them, as they shall think meet, with fitting and Competent Salaries to each of them; And to direct Payment to be made by the Treasurer of the Navy, of all such Moneys as shall from time to time grow due for any Naval Provisions to be delivered into the Publique Stores: And also of the Salaries and Wages which now are, or hereafter shall grow due to the Commanders, Officers and Seamen serving in the Fleet, and to any the Officers and Ministers relating to the Admiralty and Navy, and Yards, and to the Office of the Ordnance, as it shall from time to time become due and payable to them or either of them respectively: And likewise of all incident Charges that shall be requisite for carrying on the Service by this Act intrusted with them. And the said Commissioners, or any four of them, whereof one of them to be a Member of this House, are hereby Authorized and required to put in execution the Votes and Resolutions of Parliament Passed the Two and twentieth day of December, One thousand six hundred fifty and two, concerning encouragement to be given to Mariners and Seamen in the Service of the Commonwealth, and all the particulars therein and to give such Orders from time to time, as shall be requisite for effecting thereof. And the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, are hereby Authorized and required, to Inspect, Manage, and Order the preservation of the Timber and Wood in the Forest of Dean, and the Works and Concernments there on behalf of the Commonwealth: And to give Order for the Felling, Cutting down, and making use of such and so many Timber Trees or Timber, as they shall think fit and necessary for the Service of the Navy, either in the Forest of Dean, or in the New Forest; and to order the use and disposal of such Timber Trees, or other Timber, as are reserved and excepted upon sale of the late Kings, or other Lands for the Navies use: And the said Commissioners are to direct and order the managing and working of the Iron-works lately erected in the Forest of Dean, for the casting of round shot, Iron Ordnance, and making of Iron for the use of the Navy, in the best maner as may conduce to the Publique Service. And the said Commissioners or any four or more of them, whereof one of them to be a Member of this House, are hereby further Authorized and Impowered to issue their Warrants from time to time to the Commissioners for Prize Goods for the time being, to deliver to the Commissioners for the Navy, or to whom else the said Commissioners for the Admiralty and Navy shall appoint, such Prize Ships or Vessels, with their Tackle, Furniture, Ordnance, Ammunition, or other Provisions after they shall be adjudged Prize, as the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, as aforesaid, shall judge fit and necessary for the use and service of the Navy: and the said Commissioners are further Authorized and required, to use their utmost endeavors to preserve the Naval and other Publique Stores within their Inspection and Management, from all Wastes, Spoils, and Imbezelments; and to that end they are hereby impowered to cause enquiry or search to be made (as they shall judge needful) in any Ships, Hoyes, Vessels, Houses, Shops, Cellars, or other Place or Places whatsoever, and to Seize or cause to be Seized and Secured all such Stores, as are or shall belong to the State. And the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, as aforesaid, are Authorized to summon, send for, and cause to be brought before them such Person and Persons, as shall be suspected or found to have imbezeled any of the Naval Stores, and to cause such Person or Persons to be committed to Prison, to be proceeded against according to Law, or to make such speedy and due Satisfaction for such Injury or Prejudice as the Commonwealth shall receive thereby. And where the said Commissioners shall finde any Person or Persons to have abused or falsified their Trusts, by Stealing, Imbezelling, Buying or Receiving any of the States Stores, or Countenancing or Abetting the same, they or any four or more of them, whereof one of them to be a Member of this House, have hereby power to Commit such Person or Persons unto Prison, during such time as they shall think fit, not exceeding the space of four Moneths.

Moneys for relief of sick and wounded seamen, etc.; Maintenance of prisoners.

And whereas there may happen to be a failer of Moneys in the Prize Office, which by the Votes of Parliament of the 22th of December, 1652. are Assigned for Relief of Sick and Wounded Seamen, and other occasions mentioned in the said Votes, It is hereby further Enacted, That the said Commissioners for the Admiralty, or any four or more of them, whereof one of them to be a Member of this House, be hereby Impowered and Authorized to give Order to the Commissioners for the Navy to issue their Warrants to the Treasurer of the Navy for payment of such Moneys, for supply of the said occasions, as the said Commissioners for the Admiralty shall think fit, the said Moneys to be re-imbursed into the Treasury of the Navy, out of the Tenths of Prizes, as they shall arise. And in like maner the said Commissioners for the Admiralty and Navy, or any four or more of them, whereof one of them to be a Member of this House, are hereby Impowered from time to time to give Warrants to the Commissioners or Treasurer for Prize Goods for the issuing and payment of such Moneys, as they shall judge necessary for Maintenance and Charges of Prisoners that now are remaining in Custody, or which hereafter shall happen to be taken in Hostility against this Commonwealth, during the time of such their Imprisonment. And in case of failer of Moneys in the Prize Office, the said Commissioners for the Admiralty, are to give Warrant to the Commissioners for the Navy, to make out Bills for payment of such Moneys out of the Treasury of the Navy, the same to be reimbursed into the said Treasury of the Navy, as Moneys shall arise, and to be paid into the Prize-Office.

Provisions for encouragement of trade and eommerce.

And it is further Enacted by the Authority aforesaid, That for the better encouragement and security of Trade and Commerce, the said Commissioners or any four or more of them, whereof one of them to be a Member of this House, shall from time to time order and appoint such Ships, Frigots and Vessels, of or belonging to the Navy, as they shall think fit, for the Convoying of the Ships and other Vessels of Trade of this Commonwealth, And in case the Captains or other Officers of any such Ships, Frigots or Vessels, of or belonging to the Navy, shall neglect to obey such Orders as they shall from time to time receive in this behalf, or shall delay the execution thereof, or directly or indirectly take or receive any reward or gratuity for the performance of their Duty therein, the said Commissioners, or any four or more of them, whereof one of them to be a Member of this House, shall be, and are hereby Authorized upon proof thereof, to displace and remove every such Captain or other Officer so offending as aforesaid.

Continuance of Act

Provided that this Act shall continue and stand in force until the First day of December, One thousand six hundred fifty and nine.