AN ORDINANCE BY The Lords and Commons Assembled in Parliament, Enabling ALL PERSONS APPROVED of by PARLIAMENT, to set forth Ships in Warlike manner, for the guarding of the Seas, and defence of His Majesty's Dominions.  
Die Jovis, ult. Novemb. 1643.  
ORdered by the Commons Assembled in Parliament that this Ordinance be forthwith Printed and Published.  
Hen. Elsinge Cler. Parl. Dom. Com.  
LONDON Printed for Laurence Blaiklocke, 1643.   

AN ORDINANCE OF THE Lords and Commons Assembled in Parliament.  
WHereas the Lords and Commons now assembled in Parliament do find by continual experience that very great quantities of Ordnance, Arms, and other warlike Ammunition, together with Goods, Ships, and Victuals of all sorts and kinds, have been and still are brought into Newcastle, Falmouth, Dartmouth, Weymouth, Bristol, and other parts of this Kingdom, being in Hostility against the King and Parliament, and also into the Kingdom of Ireland from foreign parts, to be employed for the relief of the Rebels of the said Kingdoms of England and Ireland, and against the Parliament and their Adherents, the well-affected persons of this Realm. And whereas divers well affected Subjects, out of their loyal respect to his Majesty, their pious disposition to the happiness and peace of this Kingdom, and as much as in them lieth to prevent and hinder all such supplies as shall be sent from any foreign parts to the prejudice of this Nation or the Kingdoms of Scotland or Ireland, have lately made known to the said Lords and Commons their voluntary disposition and readiness to set forth some Ships and Pinnaces warlikely appointed, equipped, and manned, at their own proper costs and charges, so that in recompense of their charge and adventure therein they may have and enjoy to their own uses all such Ships, Ammunition, Goods, Moneys and Merchandise, which they shall take or surprise by Sea or by Land intended or designed against the Parliament and their Adherents in this Kingdom, or for the relief of the Rebels in the Kingdom of Ireland, as aforesaid, or that have carried, or they shall take carrying, any of the supplies to the intents aforesaid, and also so much Money paid them or their Assigns, by the said Lords and Commons, or the Treasurer of the Navy for the time being by their appointment, as shall enable them respectively to victual their Ships and Pinnaces for so many months as they shall employ them at Sea in this service, accounting twenty shillings to each man for a month's Victuals at twenty eight days to the month, and not exceeding forty men to every hundred Tons of their respective Ships, nor six months in any one voyage, which being well approved by the Lords and Commons in Parliament, as a good and acceptable service and advantageous to the public, and being willing to give it all the encouragement and advancement that may be to bring it to a good and successful issue, as tending very much to the honour of the King, and welfare of all his Majesty's Dominions: And therefore for the better enabling and performance of this so free and commendable undertaking and enterprise, 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 lawful for any of his Majesty's good and loyal Subjects to be approved and thereto appointed by the Lord high Admiral of England appointed by both Houses for the time being, in warlike manner to equip, furnish, and set out for the said intended employment, such and so many Ships and other Vessels of war as they shall think fitting, and to place in them competent numbers of Soldiers, Mariners, and Gunners, with necessary Arms and provisions for that service, and to appoint over them such Commanders, Captains, and Officers as they shall think fit, and the same Ships and Vessels so manned, equipped, armed, and provided to set forth to Sea, and with the same to seize, surprise, and take all, and all manner of Ships and Vessels, with the Ordnance, Ammunition, Victuals, Goods, Commanders and Soldiers therein that they shall meet withal in or outwards bound from any Port or place within any of his Majesty's Dominions being in Hostility against the King and 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, surprise, and take all and all manner of Ships and Vessels, with the Ordnance, Ammunition, Victuals, and Goods therein, belonging to any Rebel or Rebels in Jreland; and further, to surprise and take all and all manner of Pirates and Sea-rovers of what Nation soever, and their Ships and Goods whatsoever. And for the better encouragement of such Adventurers in the said enterprise, It is by the Lords and Commons likewise Ordered and Ordained, That the said Adventurers shall upon Bills signed by the Commissioners for the Navy for the time being, according to the form of that Office, have and receive from Sir Henry Vane Knight, Treasurer of the Navy, or the Treasurer of the Navy for the time being, by the order and allowance of the Committee of the Navy, such and so much money in lieu of and for their Victuals as shall by the said Commissioners for the Navy be found justly due and payable to them after the rate of 20 shillings a man for a month for all the men they shall employ in their respective Ships, and for so many months as the said Ships shall be really and actually employed in the service aforesaid, accounting forty men to one hundred Tons, and so in proportion, and twenty eight days to the month, as aforesaid; and shall further have and enjoy, as their proper Goods, all Ships, Goods, Moneys, Plate, Arms, Ammunition, Victuals, Pillage, and Spoil, which they shall (according to the purport and true intent of this Ordinance, and by virtue and force of the same) justly and lawfully seize and take by themselves or any persons by them to be employed by force and virtue of this Ordinance, and shall be so adjudged, pronounced, and declared by definitive sentence in the high Court of Admiralty, and the same so taken and adjudged, shall have and enjoy to their own use, and the use of the common Mariners to be equally divided, the tenths of all such prizes, and the customs first deducted, paid, secured, or compounded for.  
And it is further ordained, that if the said Adventurers or any ships by them employed shall happen upon the Seas, or in any Harbour or Creek to meet with any ship or ships that shall not willingly yield themselves to be visited, but shall make resistance by force and violence, than they shall by all means possible, and with all force compel them to yield and submit themselves to reason and justice, although it doth fall out that by fight with them one or or more of them be maimed, hurt or slain in the resistance. And it is further ordained, that the said Adventurers nor any of the ships employed by them shall be at or under the command of the Lord high-admiral, or his Vice or Rear-admiral; or the power or command of any whatsoever acting by his authority under him, or by the authority of one or both Houses of Parliament to ride at Anchor, or otherwise sail to any Port or place whatsoever, without the free consent of the Adventurers or those they shall so employ, except it be in case of extreme necessity for preservation of any of His Majesty's Dominions, but that they and every of them shall have liberty to seek and take their purchase where and how they please according to such instructions as shall be from time to time given them by the Lord high Admiral of England, or the Commissioners of the Admiralty apppointed by both Houses for the time being, without the let, molestation, or command of the said Lord high Admiral, or any person or persons whatsoever. And it is farther ordered, that the Captain, Master and chief Officers of every of the Ships and Pinnaces so to be set forth upon the said enterprise, shall before their going to Sea enter into a bond in the high Court or Admiralty in the sum of two thousand pounds or upwards, according as the Lord high Admiral of England, appointed by both Houses for the time being shall think fit; that the said Ships and Pinnaces respectively, their Captains, Masters, or Companies, under colour or pretence of this Ordinance, shall not rob, spoil, or endamage any of the King's subjects, friends, or allies, other than such as are intended by this Ordinance; nor shall take or surprise any Ships or Goods other than such as they shall find in, or to be outwards bound from some port or place within any of His Majesty's Dominions, that are or shall be in hostility against the King and Parliament; or coming or returning to some 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; or shall belong to some Irish rebel, or rebels, or to some Pirate or Sea-rover as aforesaid. And that for the justification of their prize they shall bring into the regestry of the high Court of the Admiralty all such Coquets, Bills of lading, and other documents and writings as they shall take or find in any such Ship or Vessel, and shall bring in with such ships and Vessel two or three of the principal Officers of every such Ship or Vessel, taken in the same, to be examined by the judge of the Admiralty, or such Commissioners as he shall appoint, concerning the property of the same Ship and Goods, and such other questions and interrogatories as he shall think fit to administer unto them; and shall not break bulk, sell, spoil, waste, or diminish any of the said Ships or Goods, until they shall be adjudged in the high Court of the Admiralty to have been lawfully taken according to the true intent and meaning of this Ordinance; and a true and just Inventory and appraisment shall be taken and made of the same, and that they shall truly pay or deliver to such Collectors or Receivors as the Lord high Admiral of England, appointed by both Houses for the time being shall appoint, the full tenths of the said prizes.  
And it is hereby ordered, ordained and commanded by the said Lords and Commons, That the judge and other Officers of the high Court of Admiralty aforesaid shall proceed to the adjudging of such prizes as shall be taken by virtue of this Ordinance, and shall be by them saved harmless and indemnified for adjudging the same, and for doing such other acts according to their several Offices, as shall be requisite thereunto. And 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 Vessel upon the enterprise aforesaid, where Bonds shall not be given, as is before expressed, and a Certificate under the Admiralty Seal, obtained of the putting in of such caution.  
And lastly, it is hereby further ordered and ordained, That all Owners and adventurers by Sea that shall make use of the power of this Ordinance for the seizing or surprising of any Ship, Goods, Plate, Arms, Ammunition, victuals pillage and spoil, occasionally in their lawful employments or voyages at Sea, and not as men of War set forth for that purpose, and to no other end, shall not have nor be allowed any money for or towards their victuals as aforesaid; and that whatsoever prize or purchase shall be taken by virtue of this Ordinance, shall not be disposed of or shared until notice thereof given in the high Court of Admiralty, and a judgement or sentence obtained for the same, and an Inventory and an appraisement thereof shall be taken and made, according to Order of that Court.  
FINIS.