Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 14 (13 & 14) C. II. C. 14. § 2.; and that divers Officers and Mariners have been or may be sued contrary to St. 12 C. II. c. II. and to His Majesty's Proclamation of the 14th July 1662.
Reasons for passing this Act.; The said Act repealed as to Admirals, &c. Mariners and Seamen. ; All Process against them to cease.; And none of the said Officers or Mariners to be arrested, &c.; but shall henceforth stand acquitted from all Suits, &c.; This Act to be expounded most beneficially for the said Officers and Mariners, &c.
Whereas by an Act made in this pp[re]sent Parliament entituled An Act [for (fn. 1) ] directing the prosecution of such as are accomptable for Prize Goods It is amongst other things enacted That all and every Admiralls ViceAdmiralls Captaines of Shipps Officers and Marriners that did surprize or receive to or for the publique use or by pretence thereof any Shipps, Plate, Jewells, Bullion, Money, Silver, Gold, Armes, Ammunition, Wares, Merchandices or any manner of Goods whatsoever seized or taken for Prize betwixt the Thirtyeth of January One thousand six hundred forty two, and the nine and twentyeth of May One thousand six hundred sixty, And that had not at the makeing of the said Act truely accompted for and paid in the same or the just Provenues thereof should be chargeable to His Majestie for the said premisses and convened and sued for in His Majesties Court of Admiralty, and called to accompt, or otherwise by such Suite & in such manner as should be most availeable to His Majestie, And in case of defect of Jurisdiction in the said Court of Admiralty, then upon Certificate thereof from the said Court of Admiraltie made into His Majestyes Court of Exchequer speedy proceedings were to be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things as by the said Act relation being thereunto had more plainely fully and at large appeares, Whereupon diverse Captaines and Officers of His Majestyes Fleetes and severall others the Commanders Officers and Mariners imployed in the Sea service have beene sued or may possibly be sued concerning [the (fn. 2) ] severall Prizes and Prize-goods by them heretofore seized and taken at Sea, or in Ports since the Moneth of January One thousand six hundred forty two, and before the Twenty ninth of May One thousand six hundred sixty contrary to the grace and favour extended towards them not onely in and by His Majestyes most gracious Act of Free and Generall Pardon Indempnitie and Oblivion, but alsoe by a Proclamation since made by His Majestie beareing date the Fowerteenth day of July One thousand six hundred sixty two in the Fowerteenth yeare of His Majestyes Raigne declareing His Majestyes grace and favour towards all Commanders and Seamen in relation to Prizes and Prize goods seised and, taken since the Moneth of January One thousand six hundred forty two untill the nine and twentyeth of May One thousand six hundred sixty His Majestie thereupon willing that His Grace and Favour towards all Admiralls Vice-Admiralls Commanders Sea-men and Marriners should take its full effect And being fully satisfied of their dutyfull affections unto His Majestyes Royall Person and Government and for their future incouragement to persevere loyally in His Majestyes Service is most graciously pleased that it may be enacted, And bee it enacted [by the Kings most Excellent Majesty (fn. 1) ] by and with the Advice and Consent of the Lords Spirituall and Temporall and Coo[m]mons in this present Parlyament assembled and by( (fn. 3) ) Authority of the same That the said Act intituled An Act for directing the prosecution of such as are accomptable for Prize Goods and all and every Branches Clauses Powers and Articles and every matter and thing therein contained for soe much onely, and as for and concerning all and every Admiralls Vice-Admiralls Captaines of Shipps Officers of Shipps or Vessells Sea-men and Mariners and every of them shall be and is hereby from henceforth repealed annulled and made void, and of noe effect to all intents and purposes whatsoever And that all and singular Processe and Proceedings whatsoever which before this time have beene, now are, or may be at any time hereafter had sued forth and prosecuted in any of His Majestyes Courts at Westminster or in the High Court of Admiralty of England or elsewhere within any His Majestyes Dominions against any Admiralls Vice-Admiralls Captaines of Shipps Officers, of Shipps or Vessells Seamen and Marriners or any of them by force and vertue of the said Act, or any Article or Clause therein contained be forthwith and for ever hereafter superseded surseased stayed and discharged, And that none of the said Admiralls Vice-Admiralls Captaines or Officers of Shipps or Vessells Sea men or Mariners shall from henceforth by vertue force or colour of any Processe or Proceedings whatsoever in any of His Majestyes said Courts or elsewhere be in any wise arreasted disquieted questioned or troubled either in their Persons Lands or Goods for or by reason of the said Act or any thing therein contained, But that all and every the said Admiralls Vice-Admiralls Captaines and Officers of Shipps or Vessells and all Seamen and Marriners and every of them shall by vertue of this Act stand and be for ever discharged and acquitted in all Courts and Places, and of and from all Suites and Proceedings whatsoever sued of begun, or to be sued or begun against them or any of them for any manner of Prizes Shipps or Goods whatsoever by them or any of them seised surprized or any [wayes (fn. 4) ] taken betwixt the said Thirtyeth of January One thousand six hundred forty° two and the Nine and twentyeth of May One thousand six hundred sixty and of and from all Accompts [Troubles (fn. 5) ] Articles and Suites whatsoever concerning the same; And that this Act shall be taken and expounded in the most large and beneficiall manner for the said Admiralls Vice-Admiralls Commanders Captaines and Officers of Shipps and Vessells and Sea-men and Marriners and every of them, and for their best advantage for the finall free and absolute :acquitting and dischargeing of them and every of them of and from all the said Prizes and every part. thereof, and all Shipps and Vessells and Goods whatsoever, or of what nature or kinde soever by them or any of them seised surprized or in any sort taken betwixt the said Thirtyeth of January One thousand six hundred forty two, and the said Nine and twentyeth of May One thousand six hundred sixty.
II. No other Persons, who have not accounted, discharged.; except those who are discharged by 12 Car. II. c. II.; but such other Persons shall remain chargeable.
Provided alwayes and bee it enacted. That this Act or any thing therein contained shall not extend or be construed to extend to discharge any other persons whatsoever but onely the said Admiralls Vice-Admiralls Commanders Captaines of Shipps and Officers of Shipps or Vessells and Sea men and Marriners but that all and every Collectors and Treasurers Subcollectors and Undertreasurers of Prize-Goods Coo[m]mis?ers and Sub Coo[m]mis?ers of Prize-Goods and all and every their Casheers Deputyes Officers and Receivers other then such person or persons who are discharged by the Act of Free and Generall Pardon Indempnitie and Oblivion that have not yet truely accompted or paid in the Provenues of the Prizes or Moneyes ariseing thereout seized or taken betwixt the said Thirtyeth of January One thousand six hundred forty two and the said Nine and twentyeth of May One thousand six hundred, sixtie and all and every other person and persons by whom or to whom, or to or for whose use any Prizes or Prize Shipps Plate Jewells Armes Ammunition Wares Merchandices or any manner of Goods whatsoever seised or, taken for Prize betwixt the said Thirtyeth of January One thousand, six hundred forty two, and the said Nine and twentyeth of May, One thousand six hundred sixty were disposed or sold or, to whose hands they came, and who had and enjoyed the same or any part thereof, and are still behinde and have not paid in the moneyes contracted for, and ariseing or due upon, such Sales or Dispositions or any of them, and all Securityes by them and every of them given for, or touching the premisses or any thing concerning the said Prizes or any of them shall be chargeable to Your Majestie for the said premisses and all the Dependences thereof respectively in the said Court of Admiralty or Exchequer, and shall be proceeded upon in the said Court of Admiralty or Exchequer in Your Majestyes Name and to and for Your Majestyes use according to the said Act directing the prosecution of such as are accomptable for Prize Goods and as fully and entirely as if this Act had never beene, Any thing, in this present Act notwithstanding.