April, 1649
[17 April, 1649.]
Commissioners names; for Sale of all Prize-goods,; not to sell till after Sentence.; Commissioners, nor any for them, to buy.
Be it Enacted and Ordained by this present Parliament, and
by the Authority of the same, That Robert Titchborn, Thomas
Smith, John Holland, Robert Thompson, Henry West, William
Bundock, Robert Dennis, William Berkley, John Langley,
Nathaniel Andrews, George Pasfield, John Upton, Maurice
Thompson, Owen Rowe, Mark Hildsley, John Dethick, Daniel
Taylor, Hamond Ward and Henry Sweet, Esquires, or any three
or more of them, and such sufficient Deputies as they or any
five or more of them shall nominate and appoint, are hereby
constituted and made Commissioners for the sale of all PrizeGoods, and all Ships, Goods, Vessels, Arms, Ammunition, Wares,
and Merchandize whatsoever, and of what kinde, condition or
nature soever, that either are already seized, surprized and
taken, and now remain still to be sold, or shall be hereafter
seized, surprized or taken by the Fleet or Ships in the service
or employment of the Parliament, or any of them, or which shall
be otherwise by any seizure or other capture lawfully belonging
to the Parliament: Provided always, That they shall not proceed
to any such Sale, till after sentence and adjudication first given
in the High Court of Admiralty, that the same be lawfully
taken, or be lawful prize, unless the said Court of Admiralty
shall (where they finde the Goods perishable, and not preservable till sentence) make some particular order or decree for the
apprizement, and sale or delivery thereof to the best advantage.
And provided also, That none of the said Commissioners, nor
any Deputy or Deputies by them or any of them to be nominated, shall by themselves or any other, directly or indirectly,
contract for, or buy all or any of the said Ships, Goods or Prizes,
or any part thereof; and that if any such contract or sale shall
be made to them or any of them, that the same be utterly void.
Treasurers of Prize goods appointed.
And be it further Ordained and Enacted by this present
Parliament, and by the Authority of the same, That John
Sparrow, Richard Blackwal and Humphrey Blake, Esqs; and
such sufficient person or persons as they or any two or more
of them shall nominate and appoint (for whom they shall, and
are hereby declared to be responsible) shall be, and are hereby
constituted and appointed Treasurers and Collectors of prizegoods, to receive, collect and take into their custody and possession, all such Ships, Vessels, Arms, Ordnance, Ammunition,
Provisions, Wares, Merchandizes and Goods, of what kinde,
nature or condition soever. And all such parts and shares of
Ships, Vessels, Arms, Ammunition, Goods, Wares & Merchandizes whatsoever, as are already seized, surprized or taken by all
or any of the Fleet, ships or vessels in the service or employment of the Parliament, or to which the Parliament hath lawful
claim by vertue of any other Seizure, or Capture or Detention,
either at Sea, or in Harbor or Ports.
Their power.
And it is further Enacted, That the said Treasurers and
Collectors shall have full power to send for, and call to accompt,
and to take and receive accompts of and from all Captains and
Masters of Ships, Pursers, Officers and Mariners of Ships, or
whatsoever such other persons, to whose hands any Ships,
Vessels, Ordnance, Arms, Provisions, Goods, Wares or Merchandizes taken or seized as prize aforesaid, shall come, or happen to
be delivered, to render up the particulars to the said Treasurers
and Collectors, and to deliver up all the said premises to them
or their sufficient Deputies, to be by them preserved and kept,
according to the true meaning of this Act. And in case any of
the said Captains, Masters, Pursers, Officers, Mariners or other
persons as aforesaid, being so required as aforesaid by the said
Treasurers and Collectors or their Deputies, shall refuse or delay
to do and perform the same, that then upon complaint thereof
made by the said Treasurers and Collectors in the High Court
of Admiralty, there shall issue out Process against them in the
said Court, and proceedings shall there go against them, and
they shall be condemned, adjudged and fined, or punished, as
their cases shall require.
Inventories and Appraisments to be made.
And it is further Ordered by the Authority aforesaid, That
the said Treasurers and Collectors, or any or either of them, shall
take due care, that there shall be from time to time due
Inventories made and taken of all and singular the said prizes,
ships, vessels, wares, merchandize and goods; and that the said
appraisements be made to the right and true value, without
fraud, deceit or miscarriage, that so the same may be truly
known and answered for, as and when the same shall be
required.
Sale of prize goods.
And be it further Enacted by the Authority aforesaid, That
upon any sale of any such ships, vessels, arms, goods, wares, merchandizes and premises made or to be made by authority of this
Act, that such person or persons that shall buy the same, shall
pay the one half of the moneys for which they contract, upon
the next day after such sale to be made, and the other moyety
upon the delivery of the goods; and in case there shall be any
failer of performing their contract, That then the said buyers, and
every of them, shall be forthwith convented in the said Court of
Admiralty; and in case they shall be adjudged and condemned
to pay the money by them contracted for, then the same shall be
duly levied by the execution of the said Court, as in other cases
is accustomed.
How the money arising by such sale shall be disposed.
And it is further hereby Enacted, That the said John Sparrow,
Richard Blackwal and Humphrey Blake, Treasurers and Collectors
for prize goods, are hereby authorized and required to make payment of the moneys arising upon the sale of such prizes, ships and
goods as aforesaid, according to the Tenure of a late Act of this
present Parliament, Entituled, An Act for encouragement of
Officers and Mariners and Impresting Seamen, and according
to such Orders as they shall receive from time to time, from the
Parliament or Council of State; which Orders shall be sufficient
discharge for the said Collectors, or any or either of them; And likewise the said Collectors, or any or either of them, are commanded
(as often as they shall be called thereunto) by the Parliament or
Council of State, to give a true and just accompt of all such sums
of money as have or shall come into their hands of the said prizes.
Charges to be allowed.
And for recompence and satisfaction of all charges concerning
the said prize goods, Be it further Enacted and Ordained, That all
Bills of charges for removal of the said prize goods so sold, keeping
and preserving of them, for Storehouses, Bill and charges of Suit,
and all other necessary costs and charges (the same being proved
upon Oath before the said Commissioners of prize goods, or any two
or more of them; (which Oath they are hereby enabled and authorized to give) the said Commissioners for Sale of prize goods, or any
five or more of them, are hereby enabled and authorized from time
to time to alow of the same: And the Order of the said Commissioners of prize goods, or any five or more of them, for alowance of
such Bills, shall be a sufficient discharge and Warrant to the said
Collectors and Treasurers for the payment thereof.
Twelve pence in the pound alowed the Treasurers.
And for the further charges of the said Treasurers and Collectors,
for their travel, labor of themselves, their Clerks and Deputies, in
receiving and paying the money by them collected, for Books of
Accompts, and other incident charges, they are to have Twelve
pence in the pound and no more.
Treasurers to enter into recognizance.
And it is further Enacted, That the said John Sparrow, Richard
Blackwal and Humphrey Blake, shall enter into several Recogni
zances in the sum of Two thousand pounds apiece, before the said
Commissioners of prize goods, or any five or more of them, with
sufficient sureties as the said Commissioners of prize goods, or any
five of them shall judge fitting, with condition that they shall make
true account of all such moneys or prize goods as they or their
Deputies shall receive into their charge, unto the Parliament or
Council of State, or such as they shall appoint. And for the better
performance of the service contained in this Act, all Justices of
Peace, Sheriffs, Majors, Bayliffs, Customers, Comptrollers, Searchers,
Captains of Ships and Forts; as also all Officers belonging to the
Admiralty Court, and all other Officers whatsoever, are hereby required to be aiding and assisting to the said John Sparrow, Richard
Blackwal and Humphrey Blake, or any or either of them, their,
or any of their Deputies by them appointed as aforesaid, in the
due execution of the premises, as occasion shall require; and this
present Act shall be a sufficient authority and discharge for the
doing and executing of all and singular the premises, according
to the true intent and meaning thereof.