AN ORDINANCE AND DECLARATION OF THE LODRS and COMMONS Assembled in PARLIAMENT, One For the speedy setting forth of certain Ships (in all points furnished for Warre) to prevent the bringing over of Souldiers, Money, Ordnance, and other Ammunition from beyond the Sea to assist the King, against the Parliament of ENGLAND.
The other For the Incouragement of all Owners, Captaines, Masters, or other Officers, who shall be imployed in the said Fleet; With the manner how every Prize which is taken shall be disposed of.
ORdered by the Lords and Commons assembled in Parliament, That this Ordinance and Declaration shall be forthwith Printed and published.
Printed at London for T. S. Aprill 6. 1644.
An Ordinance of the Lords and Commons Assembled in Parliament, For the speedy setting forth of certain Ships (in al points furnished for War) to prevent the bringing over of Souldiers, Money, Ordnance, and other Ammunition from beyond the Sea, to assist the King against the Parliament in England.
WHereas the Lords and Commons now Assembled in Parliament, doe finde by continuall experience, That very great quantities of Ordnance, Armes, and other Warlike Ammunition, and many Commanders and Souldiers have bin brought into Newcastle, and other parts of this Kingdom from forreign parts, and especially from the Low countries (notwithstanding the prohibition given by the States of the United Provinces to that effect) to be imployed against the Parliament, and their Adherents, the wel-affected persons of this Realm,
And wheras divers of his Majesties wel-affected Subjects out of their Loyall respect to His Majesty, their pious disposition to the peace & happinesse of this Kingdom, and as much as in them lyeth to prevent and hinder all such supplies as shall be sent from any forreign parts, to the prejudice of this Nation, have lately made known to the said Lords and Commons their voluntary disposition and readinesse to set forth some Ships and Pinnaces warlikely appointed, equipped, manned, and victualled, at their owne proper cost and charges, so that in recompence of their charge and adventure therein, [Page 2]they may have and enjoy to their own uses al such Ships, Munition, Goods, Moneys, and Merchandizes which they shall take and surprize by Sea or by Land, intended or designed against the Parliament and their Adherents, the wel-affected perfons of this Kingdome, as aforesaid, or that have carried, or they shall take carrying any the said supplies to the intents aforesaid, Which being well approved by the Lords and Commons in Parliament as a good and acceptable service, they doe commend the same for a pious and laudable undertaking, and are willing to give it all the encouragement and advancement that may be, to bring it to a good & successeful issue, as tending very much to the honour of the King, and the welfare of this Nation; And therefore for the better enabling the performance of this so free and commendable undertaking and enterprize, It is Ordered, established, and Ordained by the Lords and Commons Assembled in this present Parliament, and by the authority of the same; That it shall and may be lawfull for any of his Majesties good and loyall Subjects of this Kingdom of England (to be approved and therto appointed by the Commissioners of the Admiralty established by the Parliament) in warlike manner to equippe and furnish for the said intended imployment, such and so many Ships and other Vessels as they shall thinke fitting, and to place in them competent numbers of Souldiers, Mariners, and Gunners, with necessary Armes and Provisions for that service, and to appoint over them such Commanders, Captaines, and Officers as they shall think fit; and the same Ships and Vessels so manned, equipped, armed, and provided to set forth to the Sea, and with the same to seize, surprize, and take all, and all manner of Ships and Vessels with the Ordnance, Ammunition, [Page 3]Goods, Commanders, and Souldiers therein, that they shall finde or understand are sent, or are come to any parts of this Kingdome, to the prejudice thereof, as aforesaid; and further to surprize and take all and all manner of Pirats and Sea-rovers of what Nation soever, and their Ships and goods whatsoever; And for the better encouragement of all such Adventurers in the said enterprize, It is by the Lords and Commons likewise Ordered and Ordained, That the said adventurers shall have and enjoy as their proper goods, all Ships, Goods, Moneyes, Plate, Armes, Ammunition, Victuals, Pillage and Spoyle which shall be seized, or taken by any persons by them to be imployed by force and vertue of this Ordinance, which by definitive sentence to be given in his Majesties high Court of his Admiralty, shall be pronounced at the time of the taking or seizing thereof, to have bin sent, designed, or intended to come into this Kingdome against the Parliament, and all welaffected persons their Adherents in this Nation, or to have belonged to any Pirats or Sea-Rovers whatsoever: and the same to have and enjoy to their owne use, without any account whatsoever thereof to be made; Onely reserving the Tenths accustomed in such cases to be paid to the Admirall. And it is further Ordered and Ordained, That there shall be true and faithfull Inventories taken of the Ships, Ammunition, Moneyes, Goods, Plate, Pillage and Spoile which shall be taken by vertue and authority of this present Ordinance, and a true Appraysement made of the same, and the same together with all papers and writings found in any Ship, or other Vessell by them to be taken, shall be carefully preserved, and two or three of the Officers of every Ship, or other Vessell so taken, shall be examined [Page 4]before the chiefe Officer of the next Port of England, and the said Examinations with the said Papers, Inventories, and Appraisements, shall be sent into the Registrie of the high Court of Admiraltie aforesaid; to the end, that the taking of the said Ships may thereby be justified, or restitution by the said Adventurers (if there shall be just cause) there made. And more particularly, it is hereby Ordered and Ordained by the Lords and Commons aforesaid, and they doe by vertue of this Ordinance, give unto the persons to be set forth to the Seas as aforesaid, and to every of them, power, authoritie, and warrant, That if they shall happen upon the Seas, or in any Port, Harbour, or Creeke, to meet with any Ship or Ships that shall not willingly yeeld themselves to be visited, and proved by Law and Justice, but will defend themselves by force and violence, then they shall by all meanes possible, and with all force compell them to yeeld, and submit themselves to reason and Justice; although it doe fall out, that by fighting with them one or more be maimed, hurt, or slaine in the resistance.
And it is further Ordered and Ordained, That the Owners, Captaines, Masters, and two or three other of the principall Officers of every of the Ships and Pinnaces, so to be set forth upon the said enterprize, shall before their going to Sea, enter into a Bond in the High Court of Admiraltie, in the summe of two thousand pounds, to the use of the Kings Majestie; That the said Ships or Pinnaces respectively, nor their Captaines, Masters, nor any of their companie, under colour or pretence of this Ordinance, shall Rob, Spoyle, or Indammage any of the Kings Subjects, Friends, or Allies, other then such particular persons of His Majesties Subjects, [Page 5]Friends, or Allies, as shall be found to have carried, or shall be found carrying Ordnance, Armes, Ammunition, &c. to the prejudice of Parliament as aforesaid, or shall have committed Pyracie, and that true Inventories and Appraisements shall be taken of the Ships and Goods, before the same shall be vended or disposed; And the same, together with the Papers found aboard any such Ship, and the examinations of the chiefe Officers of the same Ships as is before declared, returned into the Registry of the High Court of Admiraltie aforesaid.
And lastly, it is hereby further Ordered and Ordained, That this Ordinance nor any benefit thereby, shall extend to the setters forth of any Ship or other Vessell, upon the enterprize aforesaid, where Bonds shall not be given as is before expressed, and a Certificate under the Admiraltie Seale, obtained of the putting in of such caution.
Ordered by the Lords and Commons assembled in Parliament, that this Ordinance shall be Printed and published.
A Declaration of the Lords and Commons Assembled in Parliament, For the speedie setting forth of a Fleet of Ships to Sea for the defence of the KINGDOME.
THe Lords and Commons in Parliament Assembled, fore-seeing the great Inconveniencies, Distractions, and Troubles, that must of necessitie befall these Kingdomes, by the approaching of Forreigne Forces, now in preparation against the well-affected [Page 6]Subjects of both Kingdomes, and that the wofull effects thereof doe begin to appeare by the narrow Seas being alreadie infested, not onely by Sea-Rovers, by Commissions from the Rebells in Ireland, but also by Pyrats of our owne Nation, lately come forth of Falmouth in English Bottomes, to destroy their owne Countrymen, and in all probabilitie to joyne with our Forreigne Enemies, and so hinder all the good endeavours of the Parliament for reliefe of distressed Ireland, and intercept all Trade and Commerce in these Seas.
Wherefore the Lords and Commons, for the prevention of these great Mischiefes, doe once more Declare & Ordain, that the Fleet now in preparation to go forth, and all things thereunto conducing, may hasten to Sea with all possible expedition; And that the for better incouragement of the Officers and Sea-men, who shall be employed in the said Fleet, there shall be allowed unto those in the Kings Ships, besides their pay, one full third part of all Prizes that they shall take in this their imployment, the other two thirds to be reserved to the State; and to those in the Merchants Ships, one full third part for the Officers and Sea-men, and another third part to the Owners, in respect of their hazarding their Ships, and the other third part reserved to the State as aforesaid, which divisions are to be according to the custome of men of Warre.
Ordered by the Lords and Commons Assembled in Parliament, That this Declaration be Printed and published.