William III, 1697-8: An Act to settle the Trade to Africa. [Chapter XXVI. Rot. Parl. 9 Gul. III. p. 5. n. 2.]

Royal African Company shall maintain, &c. all their Forts, Castles, &c.

and supply the same with Men, Artillery, &c.

Whereas the Trade to Africa is highly beneficial and advantagious to this Kingdom and to the Plantations and Colonies thereunto belonging and whereas Forts and Castles are undoubtedly necessary for the preservation and well carrying on the said Trade And whereas the Forts and Castles now on the said Coast of Africa have been, and now are maintained at them sole Cost and Charge of the present Royal African Company of England towards which Charge it is most reasonable that all Persons tradeing to such Parts of the said Coast of Africa as are herein after, limited and appointed should contribute Be it therefore enacted by the Kings most Excellent Majesty and by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the Authority of the same That from and after the Four and twentieth Day of June in the Year One thousand six hundred ninety & eight the said Royal African Company their Successors and Assigns by and with their Stock and Duties herein after appointed to be paid shall maintain support and defend all such Forts and Castles as the said African Company now have in their Possession or shall hereafter purchase or erect for the Preservation Improvement and well carrying on the said Trade and those Forts and Castles from time to time and at all times hereafter as occasion shall require shall supply with Men Artillery Ammunition and Provision and all other Necessaries and incident Charges whatsoever.

II.

Any of the King's Subjects as well as the Company, may trade to Africa, between Cape Mount and the Cape of Good Hope, paying £10 per Cent., &c.

And the better to enable the said Royall African Company their Successors and Assigns to maintain the said Castles and Forts and for the Preservation and well carrying on the said Trade to and for the Advantage of England and the Plantations and Colonies thereunto belonging Be it further enacted That it shall and may be lawfull to and for any of the Subjects of His Majesties Realm of England as well as for the said Company from and after the said Four and twentieth Day of June to trade from England and from and after the First of August One thousand six hundred ninety and eight from any of His Majesties Plantations or Colonies in America to and for the Coast of Africa between Cape Mount and the Cape of Good Hope the said Company and all other the said Subjects answering and paying for the Uses aforesaid a Duty of Ten Pounds per Centum ad Valorem for the Goods and Merchandizes to be exported from England or from any of His Majesties Plantations or Colonies in America to and for the Coast of Africa between Cape Mount and the Cape of Good Hope and in proportion for a greater or lesser Value in Manner and Forme as herein after expressed.

III. Master, &c. to enter his Name and Ship, &c. 15 Days before cleared from Port.

Owner or Exporter to make Entry of Goods shipped on Oath, sign the Entry and pay the Duty, &c.; Officer may demand and receive Entries, &c

And for the better collecting such Duty be it enacted by the Authority aforesaid That the Master Owner or Freighter of every Ship or Vessell intending to sail or trade between Cape Mount and the Cape of Good Hope aforesaid at one of the Chief Custom-Houses in England or in such of His Majesties Plantations or Colonies from whence such Ship or Vessell is to sail shall make Entry of the Name of such Master and the Name of such Ship or Vessel and the Burthen thereof soe freighted or intended to sail or trade between Cape Mount and the Cape of Good Hope aforesaid Fifteen Days before any such Ship or Vessel shall be cleared from any such His Majesties Custom-Houses And that the Owner or Exporter of such Goods and Merchandize intended, to be shipped or put on board every such Ship or Vessel so entred for a Voyage to the Coast of Africa as aforesaid shall at one of the said Custom-Houses make Entry upon Oath as is herein after expressed of the Quantie Quality and the true and full Value of all such Goods and Merchandize to be shipped or put on board every such Ship or Vessel so entred and shall sign such Entry by him them and every of them so made And at the Time of such Entry and Oath made shall pay or cause to be paid the Duty aforesaid to the Collector or other Chief Officer (for the Time being) of His Majesties Customs at such Custom-Houses as aforesaid who is and are hereby authorized impowered and required to demand and receive such Entries and [such (fn. 1) ] Duties as aforesaid to and for the Use of the said Company and to pay or cause to be paid the said Duty to and for the Use of the said Company in manner as herein after is expressed and that all such Goods and Merchandize exported from England to the Colonies and Plantations in America and from thence exported for the Coast of Africa shall be deemed and valued at noe more than the true and reall Value of what they cost in England.

IV. Officer to administer and Master to take the following Oath.

And [that (fn. 1) ] the said Oaths may be the more duely administred be it further enacted That the Collector or other Chief Officer as aforesaid residing in or near such Ports or Places from whence such Shipps or Vessels is or are to be cleared shall and are hereby required and impowered before the said Ship or Vessel shal be cleared to administer the Oaths following and every Master of every such Ship or Vessel at clearing shall make Oath in the Words following. viz.[en]

I A. B. do swear That the Manifest or Particular now by me given in and signed to the best of my Knowledge and Beleif doth contain specify and expresse all the Goods Wares and Merchandizes which are laden or intended to be laden or put on board the Ship or Vessel called the whereof I A. B. am Master for this Voyage to Affrica So help me God.

V.

And every Owner or Exporter of Goods to be shipped on board every such Ship or Vessel upon Entry thereof shall make Oath in the Words following.

Owner's or Exporter's Oath.

I A. B. do sweare That the Entry by me now made and signed doth contain and specifie all the particular Quantities Qualities and true and full Value of all the Goods Wares and Merchandizes therein expressed [or (fn. 2) ] to be shipped on board the Ship or Vessel called the whereof is Master for the Voyage she is now to proceed on to Africa. So help me God.

VI. Oath to be taken on Exportation of Merchandizes imported from England, &c.

Master and one of the Owners to give Bond, &c. for Ship's sailing to Africa, &c.; Officers of Custom House to take such Bonds and keep distinct Entries, &c.; Company to have Duplicate, &c.; Officer to pay Sum received, deducting £ 5 per Cent.

And that when and as often as any Goods or Merchandize are or shall be exported from the Colonies & Plantations to Africa as aforsaid that were there imported from England the said Owner or Exporter of such Goods and Merchandizes so exporting the same shall also swear That to the best of his Knowledge and Belief such Goods and Merchandizes so entred were imported from England into that Colonie or Plantation and that the true & real Value thereof as cost in England is fully expressed in the said Entry And that the said Master and one of the Owners or Freighters of every such Ship or Vessel so entred as aforesaid at the time of such Entry or before [the (fn. 1) ] said Ship, or Vessel shall be cleared at the Custom-house shall give Bond to his Majesty his Heirs and Successors to the Value of such Ship and Lading That the said Ship or Vessel shall (Wind and Weather permitting not being hindred by other unavoidable Accidents) sail directly to the Coast of Africa between Cape Mount and the Cape of Good Hope aforesaid and from thence shall directly return to and unlade in England or in one of his Majesties Colonies or Plantations aforesaid and the said Collector or Chief Officer of the Custom-house aforesaid for receiving the said Entries and Duty as aforesaid and administring the Oaths by this Act appointed to be administred is and are hereby directed and appointed to take such Bond as aforesaid and to keep in a Book or Books a particular Account seperate and distinct from the Custome-house Accounts of all such Entrys made and Duties paid and payable to and for the Use of the said Company as aforesaid And on Demand made by the said Company or any Person or Persons by them for that Purpose appointed shall render and deliver or cause to be rendred and delivered to the said Company or their Assigns a true and fair Duplicate of all such Entries and Oaths made and signed and Bonds given and Moneys paid by the Person or Persons so swearing signing and paying the same and shall pay or cause to be paid to the said Company or their Assigns all such Sum or Sums of Money by him or them so recieved or to be received as aforesaid deducting the Sum of Five pounds for every Hundred pounds accounted for and paid to the said Company and so in proportion for a greater or lesser Sum received for & on the behalf of the said Company in Recompence for his or their Trouble.

VII. Any Subjects as well as the Company may trade to Africa between Cape Blancho and Cape Mount, paying £10 per Cent. for Goods exported; And £10 per Cent. on all Goods, &c. imported into England or America, from Africa, &c. Exception; Master and Traders, &c. to make the like Entry and Oath, give Bond and pay the Duty as aforesaid, &c.; Goods laded between Cape Blancho and Cape Mount (Negroes excepted) and imported, to pay the said Duties; and Master, &c. before making Entry, to deliver a Manifest and take the following Oath

And be it enacted by the Authority aforesaid That from and after the Four and twentieth Day of June One thousand six hundred ninety and eight it shall and may be lawfull to and for any of the Subjects of his Majesties Realms of England as well as the said Company to trade from England or any of his Majesties Plantations or Colonies in America to the Coast of Africa between Blancho and Cape Mount answering and paying a Duty of Ten pounds per Centum ad valorem for the Goods and Merchandize to be exported from England or any of his Majesties Plantations or Colonies in America to and for the Coast of Africa between Cape Blancho and Cape Mount and in proportion for a greater or lesser Value and answering and paying a further Sum and Duty of Ten pounds per Centum ad valorem Redwood only excepted which is only to pay Five pounds per Centum ad valorem at the Place of Importation upon all Goods and Merchandize (Negroes excepted) imported [in (fn. 3) ] England or any of his Majesties Plantations or Colonies in America from the Coast of Africa between Cape Blancho and Cape Mount aforesaid And every Master and Trader sailing and trading or intending to sail and trade from England or from any of his Majesties Plantations or Colonies aforesaid between Cape Blancho and Cape Mount aforesaid shall make the like Entry Oath and give the like Bonds as is before directed for Masters and Traders touching the Trade between Cape Mount and Cape Good Hope and upon such Entry and Oath made as aforesaid shall pay the Duty aforesaid in like manner as is directed for the Duty to be paid by Traders trading between Cape Mount and Cape Good Hope aforesaid And the Collector or Chief Officer of his Majesties Chief Custom-houses in England or any of his Majesties Plantations from whence such Ship or Vessel shall be dispatched are and is hereby impowred and required to take such Entrys and Bonds and administer such Oaths and receive such Duties and on Demand made by the said Company and on their Behalf to pay the same to the said Company or their Order for the Uses as before directed and every other Matter and Thing to do mutatis mutandis as is and are herein and hereby directed and appointed touching Masters Owners and Traders trading or intending to trade between Cape Mount and Cape Good Hope and that all Goods and Merchandize (Negroes excepted) that shall be laded or put on board any Ship or Vessel on the Coast of Africa between Cape Blancho and Cape Mount and shall be imported into England or into any of his Majesties Plantations or Colonies aforesaid shall answer and pay the Duties aforesaid and that the Master or Chief Officer of every such Ship or Vessel that shall lade or receive any Goods or Merchandize (Negroes excepted) on board of his or their Ship or Vessel between Cape Blancho and Cape Mount shall upon makeing Entry at any his Majesties Custom-houses aforesaid of the said Ship or Vessel or before any Goods or Merchandize be landed or taken out of the said Ship or Vessel (Negroes excepted) shall deliver in a Manifest or Particular of his Cargo and take the following Oath viz.[en]

I A.B. do swear That the Manifest or Particular now by me given in and signed to the best of my Knowledge and Belief doth contain signifie and express all the Goods Wares and Merchandizes (Negroes excepted) which were laden or put on board the said Ship called the during her Stay and continuing on the Coast of Africa between Cape Blancho and Cape Mount whereof I A. B. am Master.

VIII. Goods (Negroes excepted) imported from Africa into England or Plantations to be entered on Oath, &c. by Owner or Importer, and Duty paid.

Collector, &c. to take the Entries, administer Oaths, &c.

And that the Owner or Importer of all Goods and Merchandize (Negroes excepted) which shall be brought to England or any of his Majesties Plantations from any Port of Africa between Cape Blancho and Cape Mount aforesaid shall make Entry of all such Goods and Merchandize at one of his Majesties Chief Custom-houses in England or in such of his Majesties Plantations where the same shall be imported with the Collector or other Chief Officer of the Customs there upon Oath and sign the same of the Quantity Quality and true Value of all such Goods and Merchandize as they are worth to be sold at the Place of Importation and pay the Duty for the same as aforesaid And the Collector or other Chief Officer of his Majesties Custom-houses in England or in any of his Majesties Plantations where every such Ship or Vessel shall arrive are and is hereby impowred and required to take the Entries and Manifests and administer the Oaths and take and receive the Duties aforesaid and on Demand made by the Company or on their behalf to pay the same to the said Company or their Orders for the Uses afore directed and shall render and deliver to the said Company or their Assigns a true and fair Duplicate of all such Entries and Oaths made and signed as aforesaid.

IX. And deduct £5 Cent.

Company to give an Account yearly to the Cursitor Baron of the Exchequer of Monies received, &c; Goods (Negroes excepted) landed before Entry, forfeited.

Provided always The said Collector or Officer shall deduct for his or their Trouble Five Pounds for every Hundred Pounds for all the Duties ariseing and to be received by vertue of this Act excepting what, Duty shall arise from the Exports and Imports of the said Royal African Company which shall be exempted from the said Allowance Any thing in this Act contained to the contrary thereof in any wise notwithstanding And that the said Company and their Successors shall give and render a particular Account in Writing of all the Moneys by them received and also by their Exports and Imports ariseing for the Duties aforesaid and how and in what manner they have disposed and laid out the same yearly within Three Months after the Expiration of every Year unto the Cursiter Baron of the Court of Exchequer and the said Cursiter Baron of the Court of Exchequer is for the better discovering the Truth of such Account hereby impowred to examine such Person or Persons as they judge necessary upon Oath touching the Articles or Particulars in such Account expressed or as many of them as the said Cursiter Baron of the Exchequer shall think fit and that all Goods or Merchandizes (Negroes excepted) which shall be brought from any Part of Africa between Cape Blancho and Cape Mount aforesaid which shall be unladen or landed before Entry made and signed and Oath of the true and real Value thereof made and the Duty paid as aforesaid shall be forfeited or the Value thereof.

X. Ships sailing to Africa, &c. and Goods laden on board, not duly entered, forfeited.

And for the true Performance of the Payments Duties and Directions in this [Act (fn. 4) ] ordained be it further enacted by the Authority aforesaid That every Ship or Vessel which shall contrary to the true Intent and Meaning of this Act sail from any Port or Place in England or from any of his Majesties Plantations or Colonies in America to or for the Coast of Africa as aforesaid without being duly entred Oath made and Bonds given as herein before is directed shall be forfeited or the Value thereof and every the Goods and Merchandize which shall contrary to the true Intent and Meaning of this Act be put on board any Ship or Vessel whatsoever sailing from England or from any of His Majesties Plantations or Colonies in America to the Coast of Africa as aforesaid before due Entry be made of the said Goods and Merchandize and of the Value thereof and the Duties paid for the same as is before directed such Goods and Merchandize shall be forfeited or the Value thereof and that every Ship or Vessel and all and every the Goods and Merchandizes therein or belonging [or (fn. 5) ] appertaining to any of his Majesties Subjects that shall sail or be conveyed from any other Part or Place than from England or his Majesties Plantations & Colonies to the Coast of Africa as aforesaid shall be forfeited.

XI. Forfeitures how to be applied;

And be it further enacted That One third part of all or any of the Forfeitures aforesaid shall be to the Use of his Majestie his Heirs and Successors One other third part to and for the Use of the said Company and their Successors to be applyed for the Maintenance of the said Forts and Castles and the other Third part to and for the Use and Benefit of him or them that shall inform and sue for the same.

XII. And how recovered

And be it enacted by the Authority aforesaid That for the recovering and obtaining all and every the Forfeitures and Penalties by this Act inflicted it shal and may be lawfull to and for all and every Person and Persons whatsoever to sue for the same or any Part thereof in any of his Majesties Courts of Record of this Kingdom or in any of his Majesties Plantations or Colonies in America by Bill Plaint Information or otherwise wherein no Essoign Wager of Law or Protection shall be allowed nor any more than one Imparlance.

XIII. Allowance in case away Ship be cast away, and Goods lost, &c.

Provided nevertheless That if any Ship or Vessel trading to the Coast of Africa and the Goods exported therein [shall (fn. 4) ] be cast away or otherwise lost or destroyed before such Ship or Vessel shall arrive at her Port or Place of Delivery then the Proprietors or Exporters of the said Goods and Merchandize in such Ship or Vessel so lost or destroyed as aforesaid shall upon their sending any other Ship or Vessell to the Coast of Africa be allowed so much as was paid to the said Company for the Goods and Merchandize so lost as aforesaid Any thing herein [before (fn. 4) ] contained to the contrary hereof in any wise notwithstanding.

XIV. Subjects of England trading to Africa, &c. to have the same Protection, &c. as the Company, and may settle Factories there, &c.

without Molestation of Company.

Provided always and be it enacted by the Authority aforesaid That all Persons being the natural born Subjects of England trading to the Coast of Africa as aforesaid and paying the Duties by this Act imposed shall have the same Protection Security and Defence for their Persons Ships and Goods by from and in all the said Forts and Castles and the like Freedom and Security for their Negotiations and Trade to all Intents and Purposes whatsoever as the said Company their Agents Factors and Assigns and their Ships and Goods have may or shall have and that all and every Person and Persons trading to Africa and paying the Duties as aforesaid may and are hereby impowred at their own Charge to settle Factories on any part of Africa within the Limits aforesaid according as they shall judge necessary and convenient for the carrying on their Trade without any Lett Hindrance or Molestation from the said Company their Agents Factors or Assigns and that all Persons not Members of the said Company so trading and paying the said Duties as aforesaid shall together with their Shipps and Goods be free from all Molestation Hindrances Restraints Arrests Seizures Penalties or other Impositions whatsoever from the said Company their Agents Factors or Assigns for or by reason of their so trading Any Charter Usage or Custom to the contrary in any wise notwithstanding.

XV. Goods exported to Africa and brought back again, paying Duty, may be re-exported without Duty, &c.

Provided always and be it enacted by the Authority aforesaid That if any Goods or Merchandizes which shall be exported for the Coast of Africa and shall have paid the Duties due and payable by this Act shall be brought back again into England or to any of his Majesties Plantations it shall and may be lawful to export the same [Goods (fn. 6) ] again for Africa without paying any Duty Oath being first made by Two credible Persons not having any Property in such Goods that the same Goods have already upon their [first (fn. 6) ] Exportation paid the Duty by this Act imposed and a true Copy of the Entry of such Goods made upon the former Exportation thereof being first produced and attested upon Oath of Two credible Persons as aforesaid.

XVI. Duties appropriated for maintaining the Forts and Castles in Africa, &c.

Account of the Duties and Disbursements, &c. to be kept, and may be viewed at the African House in London.

And be it further enacted by the Authority aforesaid That all the Duties and Impositions ariseing and collected. and paid by virtue of this Act shall be and are hereby appropriated wholly to the Maintenance of the Forts and Caatles on the Coast of Africa and now are and hereafter shal be in the Possession of the said Royal African Company and for keeping them always in good condition and well repaired and for the providing Ammunitiou and all needful warlike Stores and a sufficient Number of Soldiers to defend the same and for paying the said Officers and Soldiers belonging to them and to noe other use or purpose whatsoever and that a just and true account of the said Duties and laying out of the same for the Uses above mentioned shall be kept in a Book or Books for that purpose which Book or Books shall lye open at the African House scituate in London to be perused at all seasonable times by all Persons trading to Africa and that an account shall be stated and made up yearly and every Year at Michaelmas or within Twenty Days after and be recorded in the Court of Exchequer.

XVII. No Duty for Gold or Silver imported from Africa.

Provided always and be it enacted and declared by the Authority aforesaid That no Duty imposed by this Act shall be required levyed or collected in England or any of the Colonies aforesaid for any Gold or Silver imported from Africa but that the same may be landed without Entry or Declaration thereof Any in this Act contained to the contrary in any wise notwithstanding.

XVIII. Proviso for trading to Barbary.

Provided always That nothing contained in this Act shall be interpreted to hinder or exclude any Person or Persons from trading to that part of Africa commonly called Barbary extending Southerly as far as Cape Blancho.

XIX. 5 & 6 W. & M. c. 17. § 2.

Imported Foreign Copper Bars may be exported.

And whereas by an Act of Parliament made in the Fifth and Sixth Years of the Reign of His present Majestie and the late Queen Mary among other things it was enacted That no other Copper than what is made of English Oar only should be exported which proving very prejudicial to the Trade of England by enabling Foreigners to export Copper much cheaper than it can be carryed from England be it enacted by the Authority aforesaid That it shall and may be lawful to and for any of His Majesties Subjects to export from England all such Copper Barrs as hath or shall be imported into England from foreign Parts and upon Exportation shall draw back all Duties or vacate the Securities saving the half of the old Subsidy as is usual in other Commodities.

XX No Governor, &c. of any Plantation in America shall be a Factor, &c.

Penalty.

And be it enacted by the Authority aforesaid That no Governor or Deputy Governor of any of his Majesties Colonies or Plantations in America or His Majesties Judges in any Courts there for the time being nor any other Person or Persons for the use or on behalf of such Governor or Deputy Governor or Judges from and after the Nine and twentieth Day of September One thousand six hundred ninety eight shall be a Factor or Factors Agent or Agents for the said Company or any other Person or Persons for the Sale or Disposal of any Negroes and that every Person offending herein shall forfeit Five hundred pounds to the Uses aforesaid to be recovered in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection [Priviled (fn. 7) ] or Wager of Law shall be allowed nor any more than one Imparlance.

XXI. Continuance of Act.

Provided [that (fn. 8) ] this Act shall continued and be in force Thirteen Years and from thence to the end of the next Sessions of Parliament and no longer.