Charles II, 1662: An Act directing the Prosecution of such as are accomptable for Prize Goods

Rectial of 12 car. II. c. II.

13 Car. II. stat. 1. c. 7. 13 Car. II. stat. I. c. 3.; Recital of a pretended Act made in the Year 1649;; and that by Reason of other pretended Acts Processes, &c. respecting Captures were had in the Court of Admiralty.; Reasons for passing this Act.; Commissioners and other Officers of Prize Goods received since Jan. 30, 1642, and before May 29, 1660;; and that have not accounted for the same;; and all Securities by them may be sued and convened in the said Court of Admiralty. The said Court authorized to proceed thereupon to Condemnation.

Whereas in the Act of Free and General Pardon Indempnity and Oblivion made in the Twelfth yeare of Your Majesties Reigne and since confirmed by another Act intituled An act for confirming Publique acts made in the Thirteenth yeare of Your Majesties Reigne there is (amongst other excepc[i]ons excepted all and singuler the Accompts of all Prize Goods and of all moneys and other Duties growne due or contracted upon the sale or disposition of them or any of them By vertue whereof and of another act made in the said Thirteenth yeare of Your Majesties Reigne intituled An act for the declareing vesting and setling of all such Moneys Goods and other things in his Majesty which were received levied or collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the act of Oblivion, all and singuler Prizes and Ships and Goods whatsoever seised or taken for Prize (since the Thirtieth of January in the yeare One thousand six hundred forty two) by colour or pretence of any of the late p[re]tended Authorities or by p[re]tence or colour of any Power or Authority derived or pretended to be derived from or under them or any of them or otherwise for or upon any pretence of any publique use And all Captures and Seizures of Prizes and Tenths of Prizes to or under p[re]tence of any publique use And all the moneys arising or due or contracted for upon the sales and disposic[i]ons of them or any of them yet unpaid or unaccompted for in whose hands soever the same be or by whomsoever owing are rightly vested in Your Majesty And all the Buyers and Receivers and Injoyers thereof not haveing yet truly accompted for or paid for the same stand chargeable to Your Majesty Now for that as well by a pretended act made in the yeare One thousand six hundred forty nine the Buyers of Ships and Goods taken or seised and sold for Prize were in case of any failer of performing theire contract to be convented in the Court of Admiralty and in case they were condemned there to pay the money by them contracted for then the same to be levied by Execution of the said Court And for that by reason of other pretended acts and Ordinances made in those times all the matters touching Prize and Captures and Seisures and Tenthes of Prizes were referred to the said Court of Admiralty and all the Processes Exhibites Writings Examinations Depositions Proceedings Passages Condemnations Sentences Decrees and Orders touching and concerning Prizes and Captures and Seisures of Prizes and Tenthes of Prizes of what sort soever were had taken made and done in the said Court of Admiralty and do all or most of them there remain so that the said Court of Admiralty being thereof possessed and best acquainted therewith and with all the passages thereof it will be the readiest and quickest way for Your Majesty to sue for the same in that Court which being there sued for may probably amount to considerable su[m]ms of money May it therefore please Your Majesty that it may be enacted And be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same that all and every Collectors & Treasurers Sub Collectors and Under Treasurers of Prize Goods Commissioners & Sub Commissioners of Prize Goods and all and every theire Casheires Officers Deputies and Receivers and all and every Admirals Vice Admirals Captaines of Ships: Officers and Mariners and all and every other person & persons whatsoever to whom such Prizes were delivered or to whose hands they came at any time since the said thirtieth of January One thousand six hundred forty and two and before the nine and twentieth of May One thousand six hundred and sixty or that did surprize or receive to or for the publike use or by pretence thereof any Ships Plate Jewels Bullion Money Silver Gold Armes Ammunition Wares Merchandizes or any manner of Goods whatsoever seised or taken for Prize within the times aforesaid and that have not yet truly accompted for and paid in the same or the just provenues and values thereof and all and every person and persons by whom or to or for whose use the same or any of them were sold on who had and enjoyed the same or any part thereof and are still behind and have not paid the moneys contracted for and arising or due upon such sales or any of them and all Securities by them or any of them given for theire just dealing in theire Offices or Places or any thing concerning the said Prizes or any of them shall be chargeable to your Majestie for the said p[re]misses and all the Dependencies thereof respectively in the said Court of Admiralty and shall and may be by Your Majesties Advocate and by such other of Your Majesties Council in that Court as your Majesty shall please particularly to nominate and committ that affaire unto And by special Warrant under your Sign Manual to appoint to sue for the same in Your Majesties Name and to and for Your Majesties use be sued and convened in the said Court of Admiralty and either called to accompt or otherwise by such Suit and in such manner as may be most available for Your Majestie be there proceeded against sued and prosecuted in due course according to theire respective cases for all and every the said Prizes Shipps Goods Moneys and Premisses received or had by them and still in arreare and wherewith they are as aforesaid chargeable And the said Court of Admiralty is hereby enabled and authorized to proceed thereupon according to the Lawes and course of that Court and to do and minister right [and (fn. 1) ] justice therein with all things thereto requisite And to give sentences and final Decrees and Condemnations therein as by the rules of Justice ought to be and that in the most speedy manner and to put in execution and finally to execute and levy all and every su[m]m and su[m]ms and whatever shall bee adjudged sentenced or condemned by and according to the rules and course of Executions in the said Court and that without any manner of Lett Disturbance Hinderance Obstruction or Impediment whatsoever that your Majesty may be for the same satisfied and paid according to right and justice

II. Proviso respecting Rights of the Lord High Admiral and Warden of Cinque Ports that have been usurped by any Persons.

Such Persons to account to the Duke of York, the Lord High Admiral.

Provided alwaies and be it further hereby enacted and declared by the Authority aforesaid That all such Rights as (during the Reigne of Your Majesties Royal Father of blessed Memory or Your Majesties Reign belonged and apperteyned unto the Lord High Admirall of England or Lord Warden of the Cinque Ports for the time being by vertue of the said Office and have been att any time since the yeare of our Lord One thousand six hundred forty eight usurped possessed or seised by any person or persons bodies Politique or Corporate and not having accompted for the same to any Authority or pretended Authority usurping the Governm[en]t. of this Nation and not pardoned by the act of Oblivion that all such person or persons bodies Politick or Corporate shall account and pay the same to His Royall Highnes James Duke of Yorke Your Majesties only Brother Lord High Admiral of England or Lord Warden of the Cinque Ports upon Suit for the same in the High Court of Admiralty Any thing in this act (the absence, of the Lord High Admiral during these late Troubles or the persons not having been imployed or authorized by the said Lord High Admirall) to the contrary in any wise notwithstanding.

III. Proviso for Defect of Jurisdiction in the Court of Admiralty.

Provided alwaies and be it enacted by the Authority aforesaid That in case of defect of Jurisdiction in the Court of Admiralty for the recovering and levying [of (fn. 2) ] any such Prizes Goods matters and things aforesaid That then in such case upon Certificate thereof from the said Court of Admiralty made unto His Majesties Court of Exchequer speedy proceedings shall be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters & things aforesaid according to Law and Justice.