November 1650: An Act prohibiting Trade to Scotland.

November, 1650.

[6 November, 1650.]

Injurious Practises of the Scots.; Foreiners not to assist the Scots, during the war.; Ships transporting Contrabanda goods to be seized.

Forasmuch as the Parliament and Kingdom of Scotland, having by their late perfidious Invasion, in the year One thousand six hundred forty eight, and other their Injurious Practises and Designs against the State and Commonwealth, annulled the League and Treaties made betwixt them and this Nation, and thereby have rendred it just and necessary for this Commonwealth to send an Army into that Kingdom, which is now done accordingly; and for that by the Law of Nations, no assistance ought to be afforded to any Enemy to support them in so unjust a Cause as that of the Scotch Nation now is; and to the end all Foreiners concerned may take due notice hereof, the Parliament doth Declare and Enact, and be it Declared and Enacted by this present Parliament, and by the Authority of the same, That if any persons, Foreiners of any Forein Nation whatsoever, shall adhere unto the said Scotish Nation, shall send any Ships, with Commanders, Forces, Soldiers, Arms, Ammunition, Victuals, or any maner of Prohibited or Contrabanda Goods to or for the Scots, or to be Transported or Unladen in Scotland, in assistance of that Nation against this Commonwealth, during this War, that they and every of them shall be taken and held as enemies to this Commonwealth, and their Goods made Confiscable: And that it shall be lawful to and for any of the Fleet or Ships set forth, or to be set forth by or under the Parliament, or any private Men of War, or Ships to be approved of by the immediate Power of Parliament, or by the Council of State established by Parliament, to seize, surprize and take all & all maner of Ships & Vessels whatsoever, together with all the Goods therein belonging to any person whatsoever, either Foreiner or other; or of what Forein Nation soever, which they shall finde or meet withal transporting or carrying any Commanders, Forces, Soldiers, Arms, Ammunition, Gunpowder, Shot, Money, Victuals, or any maner of Prohibited or Contrabanda Goods whatsoever, to or for the Scotish Army or Nation, or Consigned for Scotland, or to be unladen there, in support or assistance of the Scotch against this Commonwealth, whilest in Enmity with this Nation; and the same Ships and Goods to send in to be proceeded against in the Court of Admiralty, and there to procure to be adjudged confiscate and lawful Prize, according to the Rules of Law and Justice.

Prize-Goods not to be imbezeled.

And to the end there may be a fair, just and legal proceeding thereupon in the said Court of Admiralty, Be it Enacted, That no Captain, nor any other Officers or Mariners that so shall take such prize or prizes, shall embezel, nor suffer to be embezeled, purloyned or taken away, any of the Tackle, Apparel, Furniture or Goods of or in any such Ships or Vessels so taken as prize, but shall cause the same to be preserved safe, whole and entire, until Judgement shall first be given thereupon in the said Court of Admiralty, or other Order or Decree made or given by that Court thereupon.

Cocquets, &c. to be transmitted to the Court of Admiralty.

And for the better Information of that Court, and true stating of the Fact, Be it likewise Enacted, That all and singular Commissions, Letters of Mart, Patent, Consignment, Bills of Lading, Charters, Cocquets, Letters, and all other Instruments and Writings whatsoever that shall be found aboard any of the said Ships or Vessels, or taken with or in the hands, or upon any of the persons in the same, shall be duly preserved and sent up, or transmitted and delivered into the said Court of Admiralty; and that also two or three of the Officers or principal persons of, or found in every such Ship or Vessel, shall either be brought up to be examined upon Oath in the said Court, as well touching the said Writings found in the said Ships, and the Proprietors, and Owners and Masters of the same Ships, and the Goods therein, and the places from whence they came, and to whom Consigned, and whither Bound, and such other Questions and Interrogatories as in each particular Case shall be found meet; or otherwise, in case they cannot with conveniency be sent up, that then they be so examined duly upon Oath before the chief Officer of some Port in England, or the next Justice of Peace, concerning the premises before recited; and their Examinations, together with all the Writings found aboard the said Ships, to be duly transmitted to the said Court.

How Prize Goods shall be disposed

And it is further Enacted, That the Judges of the said Court, upon perusal of the said Examinations and Writings so transmitted unto them, and such other Proofs and Evidences as shall be duly made or exhibited before them in the said Causes, proceed to Judgement, and in all Cases made confiscable or prize by this Act, shall by definitive Sentence adjudge the same so to be confiscated, and to be good and lawful prize accordingly; and being so adjudged, shall be disposed in maner following; that is to say, Two thirds thereof to be to the use of the Commonwealth, for the Service of the Navy, as the Parliament shall direct, and one other third part to be to the Commanders, Officers and Company of those Ships by whom the same shall be taken respectively, according to the usual Rules of Division among them, one tenth part of the whole heretofore allowable to the Lord Admiral, being first taken out, to be disposed by the Council of State for such uses as the Tenths are limited and directed by the former Act of this present Parliament, made the Seventeenth of April, One thousand six hundred forty-nine.

Proviso for the well-affected.; An eight part for Salvage.

Provided always, That if any Prize or Prizes so taken, or any part thereof, shall appear, and be proved in the said Court of Admiralty, to be any Ship or Goods belonging to any of the Well-affected and Good People of this Commonwealth, remaining and continuing under the Obedience and Protection of the Parliament, and before taken or surprized from them by any Enemy or Rebel, or disaffected persons, and afterwards again surprized and retaken by any of the Fleet or Ships imployed in the service of the Parliament, or any private Men of war allowed as aforesaid, That then the said Good people aforesaid shall be adjudged to be restored, and shall be by Decree of the said Court of Admiralty accordingly restored to such former Owner or Owners, paying for and in lieu of Salvage onely, one Eighth part of the clear value thereof, unless such Ships so retaken, shall appear to have been, after their taking by the Enemy, or Rebels, or disaffected, furnished and set forth by them as Men of War on their behalf; in which case the true and first Owners, to whom the same shall be restored, shall be adjudged to pay, and shall pay for Salvage the full moyety of the true value of the said Ships so retaken and restored.

To be published upon the Exchange.

And to the end that due intimation and publication of this Act may be made, and publique notice thereof be taken, so as none may justly plead excuse through ignorance of the same, Be it Ordered and Enacted, That this present Act shall be published by the Sergeant at Arms attending the Parliament, three several days upon the Exchange London, at the time of the Merchants concourse there.