January, 1646
[29 January, 1645/6.]
Whereas the Committee of Lords and Commons for the
Admiralty and Cinque Ports are, by an Ordinance of both
Houses of Parliament, authorized and enabled to do and execute
all such Things as appertain to the Office of Lord High Admiral
of England; and whereas it is Ordained, by another Ordinance
of Parliament, dated 30 November 1643, That it shall and may
be lawful for any His Majesty's good Subjects, that shall be
approved, and thereunto appointed by the Lord High Admiral
of England appointed by both Houses for the Time being, in
Warlike Manner, to equip, arm, furnish, man, and set out to
Sea, such and so many Ships as they shall think fitting, and
with the same to seize, surprize, and take, all and all Manner of
Ships and Vessels which they shall meet withall, in or outwards bound, from any Port or Place within any His Majesty's
Dominions being in Hostility against the Parliament, or coming
from or returning to any such Port or Place, or that shall be
found to have traded with the Inhabitants of any such Port or
Place since their Defection from the King and Parliament; and
also to seize, surprize, and take, all and all Manner of Ships
and Vessels belonging to any Rebel or Rebels in Ireland, together with the Ordnance, Ammunition, Victuals, Goods
Commanders, and Soldiers, in the said Ships; and further, to
surprize and take all and all Manner of Pirates and
Sea Rovers, of what Nation soever, and their Ships and
Goods whatsoever; and that the Ships to be so employed shall
have Liberty to seek and take their Purchase where and how they
please, according to such Instructions as shall from Time to
Time be given them by the Lord High Admiral of England, or
the Commissioners of the Admiralty, appointed by both Houses,
for the Time being: And whereas this Committee hath been
petitioned, by, Owners of the Ship The
, for our approving of them to employ the said
Ship, under Command of Captain, in
Execution of the Powers granted by the said Ordinance; we do
hereby signify and declare, That we have approved and appointed,
and do hereby approve and appoint, the said Petitioners, in warlike Manner, to equip, furnish, and arm, the said Ship
The, and to place in her a competent Number
of Soldiers, Mariners, and Gunners, with necessary Arms and
Provisions; and the same, so manned, equipped, armed, and
provided, to set forth to Sea. under the command of the said
Captain; and the said Captain to
employ the said Ship for doing and performing the Services hereafter mentioned; (that is to say,) for the seizing, taking, and surprizing, of all Ships and Vessels belonging to any of His Majesty's
Subjects, which the said Ship shall meet withall, in or outwards
bound, from any Port or Place within any of His Majesty's
Dominions being in Hostility against the Parliament, together
with all the Ordnance, Ammunition, Victuals, Goods Commanders
and Soldiers, therein; as also for the seizing, surprizing and taking,
of all and all Manner of Ships and Vessels whatsoever, with the
Ordnance, Ammunition, Victuals, and Goods therein, belonging to
any Rebel or Rebels in Ireland, and also the Ships and Goods of
any other Person whatsoever, Foreigner or other, which shall be
going to, or coming from, any Port or Place in Ireland, in Hostility
against the Parliament; as also for the seizing, surprizing, and
taking, of all and all Manner of Ships and Vessels, belonging to
any Foreigner or Foreign Nation, going to any Port or Place in
Hostility against the Parliament, with Arms, Ammunition, or other
Contrabando Goods, for Supply of the Forces raised against the
Parliament; and adjudging and condemning the same, together
with the Goods themselves, and all such other Goods as belong
to the Master or the Laders of such Contrabando Goods; as also
for the seizing, surprizing, and taking, of all Pirates and Sea
Rovers, of what Nation soever, and their Ships and Goods whatsoever, according to the Authority, Meaning, and true Intent, of
the said Ordinance of the 30th of November, 1643: Provided,
That, before the going forth of the said Ship, the said Captain
, together with the Master and principal
Officers thereof, or such other sufficient Persons in their Behalf
as shall be accepted of by the Judge of the Admiralty for the
Time being, do and shall enter into Bond of Two Thousand
Pounds, in the Admiralty Court, with Condition, That neither the
said Commander of the said Ship, nor the Master or Company, or
any of them, shall, under Pretext of the said Ordinance, or of these
Instructions, spoil or damage any of the King's Subjects nor any of
the Friends or Allies of the Kingdom, other than such as are intended by the said Ordinance and these Instructions; as also
that, for Justification of the Prize or Prizes that the said Commander shall take, he shall bring into the Registry of the High
Court of Admiralty all such Cockets, Bills of Lading, and other
Documents and Writings, as he, or any of his Company, shall
take or find in any such Ship or Vessel; and shall bring in with
every such Ship or Vessel Two or Three of the principal Officers
thereof, taken in the same, to be examined by the Judge of the
Admiralty, or such as he shall appoint, concerning the Property of
the said Ship, Vessel, or Goods therein, and to such other Questions and Interrogatories as he shall think fit to administer in
that Behalf; and also that neither he nor they, nor any of them,
shall break Bulk, spoil, waste, or diminish, any of the said Ships
or Goods, until they shall be adjudged in the High Court of
Admiralty to have been lawfully taken, according to the true
Intent and Meaning, of the said Ordinance and these Instructions, and a true and just Inventory and Appraisement be taken
and made of the same; and the Judge of the Admiralty is hereby
prayed and required to take Bond accordingly, and to certify the
same under the Seal of the Admiralty Court, without which, no
Benefit is to accrue to the said Commander, Officers, Mariners, or
any others interested in the said Ship, by any Thing done in
Pursuance thereof; and the said Captain shall truly pay and
deliver, to such Collectors or Receivers as both Houses of Parliament, the Committees of the Admiralty, or the Lord High Admiral
Admiral for the Time being (appointed by both Houses of Parliament), have or shall appoint, the full Tenths of every such Prize
as shall be taken by virtue of the said Ordinance or these Instructions.