An Act of the Commons aſſembled in Parliament, touching the Regu­lating of the Officers of the Navy & Cuſtoms.

THe Commons aſſembled in Par­liament, taking into their ſerious conſideration the manifold Di­ſtempers of the Navy, and the great decay of Cuſtoms, occaſioned by evil, malignant, unfaithful and ſupernu­merary Officers, employed both by Sea and Land, to the great prejudice of the Commonwealth, Do Enact and Ordain, and be it Enacted and Ordained by the Authority of Parlia­ment, That all Cuſtomers, Com­ptrollers, Searchers, Surveyors,4 Wayters, Collectors, or any other per­ſon or perſons, that at the time of ma­king this Act and Ordinance, or that hereafter ſhall hold any office or other place of Truſt in the Cuſtom-houſe of London, or in the Cuſtom-houſe in any other Port, Creek or Place within the Kingdom of England, Dominion of Wales, or Town of Berwick; All Offi­cers of the Ordnance, or Stores, or Proviſions belonging to the Stores, Ordnance, Arms and Ammunition belonging to the Commonwealth; All Commiſſioners, Victuallers of the Navy, and other Officers in or be­longing to the Victualling-office of or for the Navy of this Kingdom; All Captains, Maſters, Boatſwains, Gunners, Purſers, Ship carpenters, or any other Officer or Commander, belonging to any Ship or Veſſel be­longing to the Commonwealth; All Officers or other perſons that have any office or place of Truſt in any pub­like Yard, Dock or Wharf, or other5 place belonging to, or concerning the Navy of this Kingdom; All perſons that do or ſhall hold any command, ei­ther by Sea or Land, in any Ship, Storehouſe or Dock belonging to the Commonwealth, or the Navy of this Kingdom; All Maſters and officers of the Trinity-houſe, that hath voluntarily aided or aſſiſted the King with moneys, Arms, Plate, Victual or otherwiſe, either by Sea or Land, ſince the year of our Lord 1641. in the former or lat­ter Wars againſt the Parliament; or that ſince the firſt of March, in the year of our Lord 1647. hath contrived, pro­moted or abetted any of the Petitions or Engagements for the Kings co­ming to London; or that raiſed or abet­ted any Tumult againſt the Parlia­ment ſince the 24 of July, 1647. within the cities of London or Weſtminſter, or Liberties thereof, or within the coun­ties of Surrey, Kent, Eſſex, Middleſex, Hert­ford, Cambridge or Suſſex; or that were counſelling, ayding, aſſiſting, abetting6 to the Revolt of any the Ships em­ployed in the ſervice of the Common­wealth, ſince the firſt of June, 1648. or that hath or ſhall imbezle, or ſecretly convey, or ſteal away any Arms, Powder, Cables, Victual, Timber, or other Stores belonging to the Na­vy of this Kingdom; or that have ta­ken any Reward or Gift of any Mer­chant, or other perſon or perſons, of, for or concerning the Cuſtoms, o­ther then the Fees due and accuſtom­ed, That then all and every the Of­ficers and perſons abovenamed, from and after the firſt day of February next enſuing, ſhall be, and are hereby Declared, and made incapable and diſinabled to hold any office or place aboveſaid, and his former Office or Place of Truſt, as aboveſaid, to be void and forfeit to all intents and purpoſes. And the Commiſſio­ners hereafter named, or any five or more of them, ſhall and may nominate and appoint other ſix and able perſons7 in the room and place of ſuch Officers and perſons ſo diſinabled as above­ſaid; and the perſons ſo named and appointed by them, to certifie to the Committee of the Navy: But in caſe the ſaid Offices, or any of them be not neceſſary and uſeful to be continu­ed, but ſhall be found ſuperfluous and unuſeful, that then the ſaid Commiſ­ſioners, or any five of them, ſhall have power to make void and diſcontinue the ſaid place, for the ſaving of unne­ceſſary charge to the State, and trou­ble unto Merchants, and carrying on the ſervice to the beſt advantage: And if any perſon or perſons whatſoever, being made incapable as aboveſaid, ſhall yet continue and occupy ſuch place, and not avoid the ſame, That then the ſaid perſon ſo offending, upon due proof made thereof, and his con­viction thereupon, ſhall forfeit the ſum of Two hundred pounds for the firſt day, and Ten pounds per diem for eve­ry day after that he or they ſhall con­tinue8 in the ſaid place or places. And if any perſon or perſons ſhall refuſe or neglect to pay the ſaid ſum within fourteen days after due proof made of their incapacity as aboveſaid, that then the Eſtate of every ſuch perſon ſhall be Sequeſtred until the Fine be paid; th'one moyety within one Mo­neth after conviction as aboveſaid, to the Diſcoverer, th'other moyety ſhall within the like ſpace of time be paid in to the Treaſurer for the Navy, for the time being, to be diſpoſed of for the uſe and ſervice of the Navy. And to the intent that this Or•inance may ſpeedily and impartially be put in exe­cution, The ſaid Commons in Par­liament aſſembled do Ordain and Ap­point, and be it by Authority of Par­liament Ordained and Appointed, That Alderman Thomas Andrews, Mr. William Barkley, Mr. Maurice Thomſon, Mr. Richard Shute, Col: William Wil­loughby, Mr. William Pennoyer, Mr. Samuel Pennoyer, Mr. Stephen Eſtwick,9 Mr. John Holland, Mr. John Langley, Mr. Richard Hill, Major Robert Thom­ſon, Mr. James Ruſſel, Mr. Samuel Moyer, Mr. Jonathan Andrews, and Mr. Richard Hutchinſon, who together with the Commiſsioners of the Navy for the time being, ſitting in Mincing-Lane London, or any five or more of them, except ſuch of them as are diſinabled by the Act as aboveſaid, ſhall be, and are hereby Declared Commiſsioners; and have full power, and are hereby required and authorized to put this preſent Act and Ordinance in execu­tion; and have power to ſend for the Officers and perſons abovenamed, or any other perſon or perſons as they ſhall judge neceſſary, as Witneſſes or otherwiſe, and to miniſter and give an Oath to all ſuch the perſons, other then the perſons offending in ſuch caſes reſpectively, wherein they are or ſhall be accuſed before them. And in caſe any perſon or perſons ſummoned to appear before them, or any five of10 them as aboveſaid, ſhall neglect or refuſe to appear before them, the ſai•Commiſsioners, or any five or more of them, ſhall have power to ſend for ſuch the perſons in ſafe cuſtody; and all Sheriffs, Majors, Iuſtices, and other Officers, are hereby required to be ayding and aſsiſting to them, and ſuch perſons as are by them em­ployed as aboveſaid. And it is fur­ther Declared, Enacted and Ordain­ed by authority aforeſaid, That all perſons ſo to be named by the ſaid Commiſsioners to the Committee a­boveſaid, ſhall and may forthwith execute ſuch places to them appointed, until the ſame be otherwiſe ordered and directed by the ſaid Commons aſ­ſembled in Parliament, or otherwiſe by the Committee of the Navy, for ſome diſability or offence in the party ſo placed as aboveſaid, that ſhall be proved or made known to the ſaid Committee of the Navy. And to the intent that the ſtock of the Navy11 may be improved to the utmoſt bene­fit for the guard of the Seas, It is further Ordered, That the perſons abovenamed, or any five of them, ſhall have power from time to time, to re­quire of any perſon imployed in any of the Officers aforeſaid, an exact and true Inventory of all the proviſions belonging to the Navy in their hands, and to ſend for and examine their Books of Accompt, that they may be inabled by theſe or any other the like good ways, to inform themſelves of the behavior, fidelity and uſefulneſs of the Officers imployed in this ſervice. And for the better Regulating of the Cuſtoms and Officers thereof throughout the Kingdom of England, Dominion of Wales, and Town of Ber­wick, the ſaid Committee, or any five of them, ſhall and may have the like full power to call before them, and to take the like accompt and examination of all and every Officer and Officers be­longing to the ſeveral Cuſtom-houſes12 aforeſaid. And it is further Enacted and Ordained, That the ſaid Com­miſsioners, or any five of them, ſhall have power to examine what Places, Officer or Officers are unuſeful, un­neceſſary in the Navy or Cuſtoms, or in the office of Victualling and Ord­nance, and make void the ſaid offices and places; and no Officer or perſon ſhall thenceforth uſe or occupy the ſaid office or place, for the eaſing of the charge of the State: But for ſuch Officers as ſhall be thought fit to be continued, The ſaid Commiſsioners, or any Five of them, are to ſettle and eſtabliſh ſuch a competent increaſe of Sallaries, as may be anſwerable un­to the pains to be taken, for their maintenance, and whereby they may not be neceſsitated, nor receive any Bribe or Fee of the Merchant, or uſe any other indirect ways to the preju­dice of the State; and their whole Sallaries to be preſented unto the Houſe of Commons, or the Commit­tee13 of the Navy for their allowance and approbation. And it is further Enacted and Ordained, That from and after the ſame day of February next, no Officer or Officers ſhall take or receive from the Merchant, or any other perſon, any moneys by way of Fee or Gratuity, for any Certificate, Bill or Cocket, or other thing what­ſoever; And in caſe they or any of them ſhall receive any Fee or Gratuity, con­trary to this Act, upon proof as afore­ſaid, they ſhall forfeit their places, and incur other penalties aforementioned. And be it Enacted and Ordained by the authority aforeſaid, That the ſaid Committee herein nominated, and all perſons acting for or under them by their direction, ſhall from time to time receive at the hands of the Trea­ſurer for the Navy, all ſuch expences and disburſments as ſhall be by them iſſued forth in this ſervice; And that the Committee for the Navy appoint­ed Members of this Houſe, ſhall iſſue14 forth their Orders and Warrants for the payment of the ſame accordingly. And laſtly be it Enacted and Ordain­ed, That the ſaid Committee of Mer­chants ſhall from time to time have power to preſent to the Lord Admi­ral or Committee for the Navy, ſuch Ships as they ſhall finde neceſſary to be employed for Convoy of Mer­chants Ships out and home, for ad­vancement of Trade, and benefit of the Commonwealth.