AN ACT For Conſtituting COMMISSIONERS For Ordering and Managing the Affairs of the Admiralty and Navie.

FOr the better Ordering and Managing of the Affairs of the Admiralty and Na­vie of this Commonwealth. Be it En­acted by this Preſent Parliament, and by the Authority of the ſame, That Robert Rey­nolds Eſq Atturney General of the Common­wealth, Col. Valentine Walton, Col. Herbert Morley, Edmond Weſt Eſq Thomas Boone Eſq Sir Michael Liveſey Baronet, Col. George Thompſon, Carew Raleigh Eſq Thomas Challo­ner Eſq John Lenthal Eſq Henry Darley Eſq John Weaver Eſq John Dormer Eſq John Liſle Eſq late one of the Commiſſioners of the Great Seal, General George Monck, Vice-Admiral John Lawſon, Richard Bradſhaw Eſq Col. Tho­mas Middleton, Edward Buſhell Eſq Slingsby Be­thel Eſq and George Cooper Eſq or any five or more of them, whereof two of them to be Mem­bers of this Parliament, ſhall be, and are hereby Conſtituted and Appointed Commiſſioners for the Ordering, Managing, Directing, and Car­rying on of the Affairs of the Admiralty and Na­vie of this Commonwealth, and ſhall have, and4 hereby have Committed unto them the full care of, and inſpection into, and Directive Power of all the things that concern or are neceſſary to the providing and furniſhing the ſhips belonging to the Commonwealth for ſervice, and ſupplying them from time to time: And the ſaid Commiſ­ſioners, or any five or more of them, are hereby Authorized and Impowered to Adminiſter an Oath to any Perſons for examination of any matter in relation to the buſineſs of the Navy. And the ſaid Commiſsioners are Authorized to make ſuch Orders, and iſſue ſuch Warrants for the repairing and preſerving the Ships and Veſ­ſels of the Commonwealth, and for the furniſh­ing of them with Stores and Ammunition, for the Arming, Victualling, Manning, Setting them forth, with all things belonging to them, and every of them, as they ſhall Iudge fit or the ſervice of the Commonwealth, according to ſuch Orders and Directions as they from time to time ſhall receive from the Parliament or Council of State. And for the Sale and Diſpoſal of old and unſerviceable Ships and Veſſels belonging to this Commonwealth, the Proceéd thereof to be paid into the Treaſury of the Navy, for the uſe of the Navie: And alſo for the New Building, Preparing, Fitting, Furniſhing, Arm­ing, Victualling, Manning, and ſetting forth, ſuch Ships and Fleets, as they ſhall receive di­rections for, either from the Parliament or from the Councill of State appointed by Authority of Parliament. And the ſaid Commiſſioners are hereby Authorized and required from time to time, as the ſervice of the Common-wealth ſhall require, and as they ſhall receive Orders from the Parliament or Councill of State, to pre­pare5 a Liſt of the Names of ſuch Captains and Lieutenants, and other Officers of any Ship, Frigot, or Veſſel belonging to this Common­wealth, as they ſhall Iudge fit and able for that ſervice. And alſo what Sallaries and Wages they ſhall conceive juſt and fit to be given by the Parliament unto all Captains, and Maſters, and other Officers of any Ship, Frigor, or Veſſel belonging to this Commonwealth; and alſo to ſuch Mariners, Workmen, and to all Officers and Perſons, who are and ſhall be employed in the Service of the Navie. The ſaid Liſts of the Names of Captains and Maſters, and other Officers of any Ship, Frigot or Veſſel, belong­ing to this Commonwealth; and of all Sala­ries and Wages, to be preſented by the ſaid Com­miſſioners in Writing to the Parliament for their approbation. And the ſaid Commiſſioners are hereby Authorized and Impowred from time to time, to remove, diſplace, and diſcharge from their Offices and Imployments belonging to the Na­vie, or to any Ship, or Veſſel of this Common­wealth, any Officers under the Degree of Cap­tains of Ships, and any Mariners, Workmen, or other Perſons, Imployed, or to be Imploy­ed in the Service of the Navie, or of any Ship or Veſſel of this Commonwealth, and to place ſuch other able and fit Perſons in the ſaid Servi­ces and Imployments, in the Rooms and Places of the Perſons who ſhall be ſo Diſ­charged or Removed, as by the ſaid Comiſſio­ners ſhall be judged and thought fit for the Advantage and Service of the Common­wealth.

6Provided, That nothing in this Act ſhall Impeach or Alter the Power given unto the Generals at Sea, for the Removing or Diſpla­cing of any Officer or Mariner at Sea, and placing others in their Rooms, in caſe of Exi­gency.

And the ſaid Commiſſioners are hereby Au­thorized and Required, by themſelves, or any o­ther ſuch fit Perſons whom they ſhall for that purpoſe make choice of, and appoint, with all convenient ſpeed, to take, or cauſe to be taken, a true and perfect Surveigh and Account of all the Ships, Frigots, Pinnaces, and Veſſels of or belonging to the Navie; and of all the Amu­nition, Tackle, Furniture, Cordage, Timber and Stores, belonging to them, or any of them, or in the Docks, Yards, Store-houſes, or other places belonging to the Commonwealth, of all ſorts; and alſo of all courſes now held in the Ma­nageing, Ordering, or Governing of the Navie; and Deliver the ſame ſo made and taken in Wrighting, unto the Parliament, or ſuch as they ſhall Appoint to Receive the ſame; and therein likewiſe to propound ſuch ways and means for the eſtabliſhing ſuch Orders and Inſtructions for Regulating the ſame, as ſhall be found agree­able to the ſervice of the Commonwealth, and may increaſe the Power and Forces thereof by Sea, and to remove ſuch corruptions and abuſes as may prejudice the ſame, and eſpecially may Reduce the Mariners, Sea-men, and Sea-ſervices to good Order and Obedience, that thereupon ſuch ſpeedy and effectual courſe may be taken by the Par­liament or Council of State, for the ſupplying7 of all defects, and reforming of all abuſes, as ſhall be neceſſary and behooveful to make and continue the Navy ſerviceable and powerful (by the Bleſſing of God) for the Safety and Honour of this Common-wealth: And all Of­ficers and Miniſters of or belonging to the Na­vy and Ships, and every of them, from time to time, and all others whom it may concern, are hereby enjoyned and required, that they and every of them, from time to time, be attendant upon the ſaid Commiſsioners, and do carefully and diligently obſerve, execute, and perform all ſuch Orders, Warrants, and Directions, as the ſaid Commiſſioners ſhall make, give or direct touching the Premiſes, and in purſuance of this Act: And the ſaid Commiſſioners at Land, or any one or more of the Generals, Commiſ­ſioners or Commanders in chief at Sea, are hereby Authorized and Impowred, at ſuch time or times as they ſhall judge expedient for the ſervice of the Common-wealth and Go­vernment of the Navy and Army at Sea, to call a Council or Councils of War of Cap­tains or other Officers, as to them ſhall ſeém meét, and to appoint a Iudge Advocate to at­tend the ſaid Councils of War, and to do and perform the Duties of that place, who is here­by Authorized to Adminiſter an Oath to any Perſon or Perſons for the examination of any matter, which ſhall be depending before the ſaid Councils of War. And the ſaid Councils of War are hereby Authorized to cauſe any Per­ſons belonging to the ſaid Navy and Army at Sea to be ſummoned, and to appear before them,8 and there to proceéd to the Tryal of any Offen­ders againſt the Articles, Orders, or Ordi­nances of War for the Sea, by examinations of Witneſſes upon Oath, and to give Iudg­ment, and to cauſe execution to be done upon ſuch Offenders, according to the Orders, Ar­ticles, and Ordinances of War eſtabliſhed by Parliament. And the ſaid Commiſſioners are hereby Authorized and impowred to do, exe­cute and performe, all and every ſuch farther and other Authorities, Powers and Inſtructi­ons, as ſhall from time to time be given unto them by the Parliament. And be it farther En­acted, That the ſaid Commiſſioners be and are hereby Authorized and Required to Inſpect the Office of the Ordnance, and to contract or give Order for ſuch Contracts to be made from time to time, for all ſuch proviſions of Stores and Ammunition, as ſhall be requi­ſite for ſupply of the Fleéts, Armies and Gar­riſons of this Common-Wealth, And to give Warrant from time to time to the Treaſurer of the Navie, for the payment of all ſuch Monies as are already Due, or ſhall hereafter become Due, and owing for any ſuch Stores or Amu­nition ſo contracted or to be contracted for as aforeſaid: And the ſaid Commiſſioners have hereby Power to make uſe of the Seale of the Anchor for their Warrants, Commiſſions, Or­ders, and other Tranſactions, and to make choice of and appoint ſuch Clerks and other Officers under them as they ſhall thinke meet, with Fitting and Competent Sallaries to each of them, and to Direct Payment to7 be made by the Treaſurer of the Navy of all ſuch Moneys as is, or ſhall, from time to time, grow due for any Navall proviſions to be delivered into the Publique Stores. As alſo of the Salaries and Wages which now are, or hereafter ſhall grow due to the Commanders, Officers, and Sea-men ſer­ving in the Fleet, And to any of the Officers and Miniſters relating to the Admiralty and Navy, and Yards, and to the Office of the Ordnance, as it ſhall from time to time become due and payable to them or ei­ther of them reſpectively; And likewiſe of all incident Charges, that ſhall be requiſite for carrying on the ſervice by this Act in­truſted with them: And the ſaid Commiſ­ſioners are hereby Authoriſed and required to put in Execution the Votes and Reſolu­tions of Parliament paſſed the two and twentieth of December, One thouſand ſix hun­dred fifty two, concerning encouragement to be given to Marriners and Sea-men in the ſervice of the Commonwealth, and all the particulars therein, and to give ſuch Orders from time to time as ſhall be requiſite for ef­fecting thereof. And the ſaid Commiſſioners are required to Inſpect, Manage and Order the preſervation of the Timber and Wood, in the New Forreſt, Holt Forreſt, and Forreſt of Dean, and the Works and Concernments there, on behalf of the Commonwealth: And to give order for the Felling, Cutting down, and making uſe of ſuch and ſo many Timber-trees or Timber as they ſhall think fit and neceſſary for the ſervice of the Navy,8 either in the Forreſt of Dean, or in the New Forreſt, or Holt Forreſt; And to order the Vſe and Diſpoſal of ſuch Timber-Trees, or other Timber, as are reſerved and excepted upon ſale of the late Kings or other Lands for the Navies uſe: And the ſaid Commiſſio­ners are to Direct and Order the Managing and Working of the Iron-Works lately erect­ed in the Forreſt of Dean, for the Caſting of Round Shot, Iron Ordnance, and making of Iron for the uſe of the Navy, the beſt manner as may conduce to the Publique Service. And the ſaid Commiſſioners are hereby further authoriſed and impowred to iſſue their Warrant from time to time to the Commiſsioners for Prize Goods (for the time being) to Deliver to the Commiſsio­ners for the Navy, or to whom elſe the ſaid Commiſsioners for the Admiralty and Na­vy ſhall appoint, ſuch Prize-Ships or Veſ­ſels, with their Tackle, Furniture, Ord­nance, Ammunition, or other Proviſions, after they ſhall be adjudged Prize, as the ſaid Commiſsioners, or any five or more of them, whereof two of them to be Members of this Houſe, as aforeſaid, ſhall judge fit and neceſ­ſary for the Vſe and Service of the Na­vy.

And the ſaid Commiſsioners are further authoriſed and required to uſe their utmoſt Endeavours, to preſerve the Navall and other Publique Stores, within their In­ſpection and Management, from all Waſts, Spoyles, and Imbeziements. And to that end, they are hereby Impowred to cauſe9 inquiry or ſearch to be made (as they ſhall judge needfull) in any Ships, Hoyes, Veſ­ſels, Houſes, Shops, Cellars, or other place or places whatſoever; And to ſeize or cauſe to be ſeized and ſecured, all ſuch Stores as are or ſhall belong to the State.

And the ſaid Commiſsioners are autho­riſed to ſummon and ſend for, and cauſe to be brought before them, ſuch perſon and per­ſons as ſhall be ſuſpected or found to have Imbezelled any of the Navall Stores, and to cauſe ſuch perſon or perſons to be commit­ted to Priſon, to be proceeded againſt accord­ing to Law, or to make ſuch ſpeedy and due ſatisfaction for ſuch Injury and Prejudice, as the Commonwealth ſhall receive there­by.

And where the ſaid Commiſſioners ſhall find any Perſon or Perſons to have abuſed or falſified their Truſts by ſtealing or imbe­zelling, buying or receiving any of the States Stores, or countenancing or abetting the ſame, They, or any five or more of them, whereof two of them to be Members of this Parliament, have hereby Power to commit ſuch perſon or perſons to Priſon, during ſuch time as they ſhall think fit, not exceed­ing the ſpace of four moneths.

And whereas there may happen to be a failer of moneys in the Prize-Office, which by the Votes of Parliament of the two and twentieth of December, one thouſand ſix hun­dred fifty two, are aſſigned for relief of Sick and Wounded Sea-men, and other occaſions10 mentioned in the ſaid Votes, It is hereby further Enacted, That the ſaid Commiſſio­ners for the Admiralty be hereby impowred and authoriſed to give Order to the Com­miſſioners for the Navy, to iſſue their War­rants to the Treaſurer of the Navy for payment of ſuch moneys for ſupply of the ſaid occaſions, as the ſaid Commiſſioners for the Admiralty ſhall think fit, the ſaid moneys to be reimburſed into the Treaſury of the Navy out of the Tenths of Prizes as they ſhall ariſe.

And in like manner the ſaid Commiſſio­ners for the Admiralty and Navy, are here­by Impowred from time to time to give Warrants to the Commiſſioners or Trea­ſurer for Prize Goods, for the iſſuing and payment of ſuch moneys as they ſhall judge neceſſary for maintenance and Char­ges of Priſoners that now are remaining in Cuſtody, or which hereafter ſhall happen to be taken in Hoſtility againſt this Com­monwealth during the time of ſuch their Impriſonment. And the ſaid Commiſſio­ners have power to make Exchange of Pri­ſoners taken at Sea, as they, or any five of them ſhall think fit, whereof two to be Members of Parliament.

And in caſe of failer of Moneys in the Prize-Office, the ſaid Commiſſioners for the Admiralty are to give Warrant to the Com­miſſioners of the Navy, to make out Bills for payment of ſuch moneys out of the Treaſury of the Navy, the ſame to be re­imburſed into the ſaid Treaſury of the Na­vy11 as moneys ſhall ariſe and be paid into the Prize-Office.

And it is further Enacted by the Autho­rity aforeſaid, That for the better Encou­ragement and Security of Trade and Com­merce, the ſaid Commiſſioners ſhall from time to time, order and appoint ſuch Ships, Frigots, and Veſſels of, or belonging to the Navy as they ſhall think fit, for the Con­veying of the Ships and other Veſſels of Trade of this Commonwealth. And in caſe the Captains or other Officers of any ſuch Ships, Frigots or Veſſels of or belong­ing to the Navy, ſhall neglect to obey ſuch Orders as they ſhall from time to time re­ceive in this behalf, or ſhall Delay the Exe­cution thereof, or directly or indirectly take or receive any Reward or Gratuitie for the performance of their Duty therein, the ſaid Commiſſioners, or any five or more of them, whereof two of them to be Members of this Houſe, ſhall be and are hereby authoriſed upon proof thereof, to diſplace and remove every ſuch Captain or other Officer, ſo offen­ding as aforeſaid.

Provided, That this Act ſhall continue and ſtand in Force untill the tenth Day of October, One thouſand ſix hundred and ſixty.