AN ACT For preventing Injuries and Wrongs done to MERCHANTS at Sea, In their Persons, Ships or Goods; And prohibiting Mariners from serving under Foreign Princes or States without Licence.   seal of the Commonwealth 
Die Sabbathi, 13ᵒ Aprilis, 1650.  
ORdered by the Parliament, That this Act be forthwith printed and published.  
Hen: Scobell, Cleric. Parliamenti.  
London, Printed by Edward Husband and john Field, Printers to the Parliament of England, 1650.   

AN ACT For preventing Injuries and Wrongs done to Merchants at Sea, In their Persons, Ships or Goods, And prohibiting Mariners from serving under Foreign Princes or States without Licence.  
Whereas since the late Act made the Five and twentieth of June, One thousand six hundred forty nine, (entitled, An Act touching Letters of Mart) The Parliament having received Information, That divers French Ships, and others of Foreign 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 spoiled 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 only 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 Mart to the parties injured and damnified in this kind, in such sort and manner 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 Merchant's Ships, or, other English Ships, as the said Council of State shall find meet, to enable them and give them free Licence and Authority, not only to deny and make defence against any such visitation or commands, to be visited by any such French or other Foreign Ships for the time to come; but also as they may find opportunity to fight with, surprise and take all and every such French Ships or Vessels, and other Foreign 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. Provided always, That if they shall happen so to surprise or take any such French Ships or Foreign Vessels as aforesaid, That after the said Surprisal & Fight ended, they shall not kill or slay any of the persons therein taken, nor commit any manslaughter in cold blood, but shall use them civilly, only restraining and detaining them 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 find it hazardous or damageable so to do, Then to set them on 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 Foreign 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. 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 whereof; two thirds to be to the Owners in respect of their extraordinary charge to Arm and Man their Ships in an extraordinary manner for this occasion; and the other third to be to the Master and Mariners, to be shared amongst them according to custom of the Sea in such case. 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-good, to be disposed of by the Council of State as they shall see cause, for the use of the Commonwealth. And provided further, That for every such Commission before the same issue forth under the Seal, security shall be taken with Securities 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 or appoint. And whereas divers English Mariners and Seamen, have of late time served in the Ships of Foreign Princes, and in Foreign 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 Foreign Prince or State, shall within the space of four Month's next ensuing, withdraw themselves from such Foreign 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 cowardice 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 falsehood, 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 treacherously 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 tried 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 departed out of England, and enter into any Foreign Service (without special Licence first obtained) that every such Offence shall be punished with death. Provided, That the penalties in this Act contained, prohibiting Mariners to be entertained in the Service of Foreign Princes, shall not extend to Mariners serving in English Ships, under English Commanders, entertained in the Service of such Foreign States in the way of Merchandise, as are in Amity with this Commonwealth. And whereas divers guilty persons, subject to the ancient jurisdiction of the Admiralty, there to be tried and punished for their criminal Offences, have lately committed foul misdemeanours 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 (entitled, 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 intent 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 & may hear, order & determine all and all manner of Crimes, Contempts, Misdemeanours 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 entirely 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 manner 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 trial of Maritine Offenders, as by the Laws and Customs was formerly used in the Admiralty.  
Hen: Scobell, Cleric. Parliamenti.