April 1650: An Act for preventing Injuries and Wrongs done to Merchants at Sea in their Persons, Ships or Goods, and prohibiting Mariners from serving Forein Princes or States without License.

April, 1650

[13 April, 1650.]

Act 25 June 1649.; Council of State to hear and examine all Complaints touching Merchants Ships and goods taken; and to grant Letters of Mark and special Commissions.

Whereas since the late Act made the Five and twentieth of June, One thousand six hundred forty nine, (Entituled, An Act touching Letters of Mark) the Parliament having received Information, that divers French Ships, and others of Forein Nations, have taken upon them de facto, to visit the said English Ships, and to make search what goods they carried, and under colour thereof, have spoyled divers of their Ships, and seized others, and committed several wrongs and abuses, to the great damage of the good People of this Commonwealth; For remedy whereof, and for the better enabling the Merchants to preserve their Ships and Goods against such Wrongs and Injuries for the future, Be it Enacted and Ordained by this present Parliament, and by the Authority of the same, That the Council of State for the time being, established by Parliament, shall have full and absolute power, and are hereby authorized and enabled, not onely to hear and examine all Petitions and Complaints of this nature; and thereupon, and upon consideration of the circumstances of the case, and observations of such solemnities specified in the said former Act of the Five and twentieth of June, to grant and give Warrant for special and particular Letters of Mark to the parties injured and damnified in this kinde, in such sort and maner as they are enabled to grant in any other case by that said former Act; But also to grant and give Warrant for, and cause to be issued out under the Seal of the Court of Admiralty, in the Name of the Keepers of the Liberty of England, established by Parliament, special and particular Commissions to all or any such Merchants Ships, or other English Ships, as the said Council of State shall finde meet, to enable them and give them free License and Authority, not onely to deny and make defence against any such visitation or commands, to be visited by any such French or other Forein Ships for the time to come; but also as they may finde opportunity to fight with, surprize and take all and every such French Ships or Vessels, and other Forein Ships (together with all the Ordnance, Ammunition, Tackle, Furniture, Goods, Wares and Merchandizes found in or belonging to the same) that shall so require or command them to be visited, or attempt to spoil, annoy, molest, disturb or hinder them in their trading or merchandizing voyages, under colour of such undue visitation.

Proviso.; Not to kill or slay in cold bloud.

Provided always, That if they shall happen so to surprize or take any such French Ships or Forein Vessel as aforesaid, that after the said Surprizal and Fight ended, they shall not kill or slay any of the persons therein taken, nor commit any man-slaughter in cold blood, but shall use them civilly, onely restraining and detaining as Prisoners (if they may without prejudice to their Ship or their voyages) to be sent over into England, to be proceeded against or disposed of as the Council of State shall advise; otherwise if they shall finde it hazardous or damageable so to do, then to set them shore where they may have opportunity, so always that they retain three at the least of the principal that shall be taken to be brought or sent into England, and examined in the Admiralty Court, upon all such questions as shall in that Court be thought fit, for the discovering the truth of the matter, how and in what sort the said Forein Ships did first require or attempt to fight with the English, or command them to suffer themselves to be visited, or what other injuries or abuses they offered them, with all other circumstances requisite in the case.

Takers of Ships to proceed in the Admiralty.

And provided further, That the Takers shall be obliged to proceed in the Court of Admiralty of England, against all Ships and Goods so taken, and bring the same to Judgement, according to the course of that Court; and if it shall be duly proved and made appear. that they were taken by reason of their undue commitment of any of the particulars before recited, mentioned and provided against in and by this Act, That then and in that case, the Judges of the said Court shall give Judgement that the same were lawfully taken, and that the same were and are lawful Prizes to the Owners and Captain, or Master and Mariners of the Ship or Ships, takers there of; two thirds to be to the Owners in respect of their extraordinary charge to Arm and Man their Ships in an extraordinary maner for this occasion; and the other third to be to the Master and Mariners, to be shared amongst them according to the custom of the Sea in such case.

Tenths of all prizes reserved.

Provided also, That the Tenths of all such Prizes, or the true and full value thereof without deduction, shall be duly paid to the Collectors of Prize-Goods, to be disposed of by the Council of State as they shall see cause, for use of the Commonwealth.

And provided further, That for every such Commission before the same issue forth under Seal, security shall be taken with Sure

Security to be given, to observe Instructions.

ties by Recognizance in the Admiralty Court in the sum of Two thousand pounds, not to harm or prejudice the Merchants or good People of this Commonwealth, or any of the Friends or Allies of this Nation, in any other case then in the cases before recited, mentioned and provided against in and by this Act; and likewise to observe and follow all such other Clauses, Instructions and things, as the Council of State shall at the time of giving Warrant for any such Commission think meet, and order to appoint.

All English Seamen in service abroad to repair home within four moneths.; Treachery or cowardize in delivering up any Ship, punished by death.; The like for English Mariners serving abroad without License.

And whereas divers English Mariners and Seamen have of late time served in the Ships of Forein Princes, and in Forein Vessels (contrary to the Laws and Statutes of this Nation) and therein done dis-service to and against the English Merchants, Be it Enacted, That all English Mariners and Seamen, that are now serving abroad in the Service of any Forein Prince or State, shall within the space of four Moneths next ensuing, withdraw themselves from such Forein Service, and repair home to serve the Commonwealth of England according to their duty, under pain to be severely punished: And to the end that no English Ship, either Merchants or other, may be hereafter lost, taken or yielded up by the treachery or cowardize of any Mariner, or other aboard the said Ship, Be it also Enacted by the authority aforesaid, That if any Captain, Master or Commander of any English Ship, shall from henceforth through falshood, or any other ground or reason, neglect to do his duty in defence of the Ship Wherein he is Master or Commander; or if any Mariner, or other person whatsoever aboard any such Ship, shall treachously offer to cry for Quarter, or to yield up the said Ship, without the special order of the said Captain, Master or Commander in Chief, or shall dishearten any of the rest of the Mariners, or refuse to stand to his Arms in time of fight or danger, That in every such case, the Offender or Offenders being duly tryed and proved to be guilty, shall incur and suffer the pains of death, or such other punishment as the nature or quality of the Offence shall deserve: And if any English Mariners and Seamen shall from and after the passing of this Act depart out of England, and enter into any Forein Service (without special Licence first obtained) that every such Offence shall be punished with Death.

Except forein States in amity.

Provided, That the Penalties in this Act contained, prohibiting Mariners to be entertained in the Service of Forein Princes, shall not extend to Mariners serving in English Ships, under English Commanders, entertained in the Service of such Forein States in the way of Merchandize, as are in Amity with this Commonwealth.

Act 20 Sept. 1649.; Power of the Council of State and Court of Admiralty.

And whereas divers guilty persons, subject to the antient Jurisdiction of the Admiralty, there to be tryed and punished for their criminal Offences, have lately committed foul misdemeanors upon the Sea, and in Ships and otherwise, giving out, That the Criminal part of the Jurisdiction of the Admiralty Court was taken away by a late Act of Parliament, made the Twentieth of September, One thousand six hundred forty nine (Entituled, An Act for punishment of Crimes committed upon or beyond the Seas) and that therefore they hoped to avoid such punishment as was due unto them, whereas the Parliament did not intend by the said Act, nor any clause therein, to abridge or diminish (much less to take away) the Power or Jurisdiction of the Admiralty in Criminal causes; Be it therefore Declared and Enacted by this present Parliament, and by the Authority of the same, That the Council of State in whom the power of the Admiralty is placed, and the Court of Admiralty and Judges thereof, and all and every of them, shall and may hear, order and determine all and all manner of Crimes, Contempts, Misdemeanors and Offences whatsoever, done or committed, or to be had, done or committed within or against the Precincts and Jurisdiction of the Admiralty, as fully, freely and intirely as they or any of them might have done before the making of the said Act of the Twentieth of September, and in as large and ample maner as if that Act had never been made; and that Commissions of Oyer and Terminer shall issue out under the Great Seal, directed to the Judges of the Admiralty, and other discreet persons, for the tryal of Maritine Offenders, as by the Laws and Customs was formerly used in the Admiralty.