Charles II, 1660: An Act for the Encourageing and increasing of Shipping and Navigation.

No Goods shall be imported to or exported from Asia, Africa, or America, but in English Ships, and Master and Three-fourths of Mariners English.; Penalty.; Admirals, &c. empowered to seize and bring in as Prize all Ships offending.; Proceedings in case of Condemnation.

FOR the increase of Shiping and incouragement of the Navigation of this Nation, wherin under the good providence and protection of God the Wealth Safety and Strength of this Kingdome is soe much concerned Bee it Enacted by the Kings most Excellent Majesty and by the Lords and Co[m]mons in this present Parliament, assembled and the Authoritie therof That from and after the First day of December One thousand six hundred and sixty and from thence forward noe Goods or Commodities whatsoever shall be Imported into or Exported out of any Lands Islelands Plantations or Territories to his Majesty belonging or in his possession or which may hereafter belong unto or be in the possession of His Majesty His Heires and Successors in Asia Africa or America in any other Ship or Ships Vessell or Vessells whatsoever but in such Ships or Vessells as doe truely and without fraude belong onely to the people of England or Ireland Dominion of Wales or Towne of Berwicke upon Tweede, or are of the built of, and belonging to any of the said Lands Islands Plantations or Territories as the Proprietors and right Owners therof and wherof the Master and three fourthes of the Marriners at least are English under the penalty of the Forfeiture and Losse of all the Goods and Commodityes which shall be Imported into, or Exported out of, any the aforesaid places in any other Ship or Vessell, as alsoe of the Ship or Vessell with all its Guns Furniture Tackle Ammunition and Apparell, one third part thereof to his Majesty his Heires and Successors, one third part to the Governour of such Land Plantation Island or Territory where such default shall be commited in case the said Ship or Goods be there seised, or otherwise that third part alsoe to his Majesty his Heires and Successors, and the other third part to him or them who shall Seize Informe or sue for the same in any Court of Record by Bill Information Plaint or other Action wherin noe Essoigne Protection or Wager of Law shall be allowed, And all Admiralls and other Commanders at Sea of any the Ships of War or other Ship haveing Co[m]mission from His Majesty or from his Heires or Successors are hereby authorized and strictly required to seize and bring in as prize all such Ships or Vessells as shall have offended contrary hereunto and deliver them to the Court of Admiralty there to be proceeded against and in case of condemnation one moyety of such Forfeitures shall be to the use of such Admiralls or Commanders and their Companies to be divided and proportioned amongst them according to the Rules and Orders of the Sea in [cases (fn. 1) ] of Ships taken prize, and the other moyety to the use of his Majesty his Heires and Successors.

II. Aliens exercising the Occupation of Merchants or Factors in Plantations. Penalty.

Governors of Plantations to take Oath to perform the aforementioned Clauses.; Neglecting so to do, removed.

And be it Enacted that noe Alien or person not borne within the Allegiance of Our Soveraigne Lord the King his Heires and Successors or Naturalized or made a free Denizen shall from and after the First day of February which shall be in the yeare of our Lord One thousand six hundred sixty one exercise the Trade or Occupation of a Merchant or Factor in any the said places upon paine of the forfeiture and losse of all his Goods and Chattels, or which are in his possession, one third to his Majesty his Heires and Successors, one third to the Governour of the Plantation where such person shall soe offend, and the other third to him or them that shall informe or sue for the same in any of his Majestyes Courts in the Plantation where such offence shall be committed, And all Governours of the said Lands Islands Plantations or Territories and every of them are hereby strictly required and commanded and all who hereafter shall be made Governours of any such Islands Plantations or Territories by his Majesty his Heires or Successors shall before their entrance into their Government take a solemne Oath to doe their utmost that every the aforementioned clauses and all the matters and things therin contained be punctually and bona fide observed according to the true intent and meaning therof. And upon complaint and proofe made before his Majesty his Heires or Successors, or such as shall be by him or them therunto authorized and appointed that any the said Governours have beene willingly and wittingly negligent in doeing their Duty accordingly, that the said Governour soe offending shall be removed from his Government.

III. Goods of Africa, Asia, or America not to be imported but in English Ships, and manned as aforesaid.

Penalty

And it is further Enacted by the Authority aforesaid that noe Goods or Commodityes whatsoever of the growth production or manufacture of Africa Asia or America or of any part therof, or which are discribed or laid downe in the usuall Maps or Cards of those places be Imported into England Ireland or Wales Islands of Guernsey or Jersey or Towne of Berwicke upon Tweede in any other Ship or Ships Vessell or Vessels whatsoever, but in such as doe truely and without fraude belong onely to the people of England or Ireland, Dominion of Wales or Towne of Berwicke upon Tweede or of the Lands Islands Plantations or Territories in Asia Africa or America to his Majesty belonging as the proprietors and right owners therof, and wherof the Master and three fourthes at least of the Mariners are English under the penalty of the forfeiture of all such Goods and Commodityes, and of the Ship or Vessell in which they were Imported with all her Guns Tackle Furniture Ammunition and Apparell, one moyety to his Majesty his Heires and Successors, and the other moyety to him or them whoe shall Seize Informe or Sue for the same in any Court of Record by Bill Information Plaint or other Action wherin noe Essoigne Protection or Wager in Law shall be allowed.

IV. Goods of foreign Growth or Manufacture to be imported only from the Places of their said Growth, &c.

or from those Ports where they have been usually first shipped.; Penalty.

And it is further Enacted by the Authority aforesaid that noe Goods or Commodityes that are of forraigne growth production or manufacture and which are to be brought into England Ireland, Wales, the Islands of Guernsey & Jersey or Towne of Berwicke upon Tweede in English built shiping, or other shiping belonging to some of the aforesaid places, and navigated by English Mariners as abovesaid, shall be shiped or brought from any other place or Places, Country or Countries but onely from those of their said Growth Production or Manufacture, or from those Ports where the said Goods and Commodityes can onely or are or usually have beene first shiped for transportation and from none other Places or Countryes under the penalty of the forfeiture of all such of the aforesaid Goods as shall be Imported from any other place or Country contrary to the true intent and meaning hereof, as alsoe of the ship in which they were imported with all her Guns Furniture Ammunition Tackle and Apparel, one Moyety to His Majesty His Heires and Successors and the other Moyety to him or them that shall seize informe or sue for the same in any Court of Record to be recovered as is before exprest,

V. All Ling, Stock Fish, &c. Oil, &c. Whalefins, &c. imported, not caught in Vessels of the Proprietors themselves, &c. shall pay double Aliens Custom.

And it is further Enacted by the Authority aforesaid That any sort of Ling Stockefish Pilchard, or any other kinde of dryed or salted fish usually fished for and caught by the people of England Ireland Wales or Towne of Berwicke upon Tweede, or any sort of Codfish or Herring, or any Oyle or Blubber made or that shall be made of any kinde of Fish whatsoever, or any Whale fines or Whale bones which shall be imported into England Ireland Wales or Towne of Berwicke upon Tweede not haveing beene caught in Vessels truely and properly belonging therunto as Proprietors and right Owners therof and the said Fish cured saved or dryed, and the Oyle and Blubber aforesaid (which shall be accompted and pay as oyle) not made by the people thereof, and shall be imported into England Ireland or Wales or Towne of Berwicke upon Tweede shall pay double Aliens custome.

VI. No Goods to be carried from one Port of England to another in the Vessel of any Alien.

Exception.; Penalty.

And be it further Enacted by the Authority aforesaid That from henceforth it shall not be lawfull to any person or persons whatsoever to Load or cause to be Loaden and carryed in any Bottome or Bottomes Ship or Ships Vessell or Vessels whatsoever wherof any Stranger or Strangers borne (unlesse such as [shall (fn. 2) ] bee Denizens or Naturalized) be Owners part Owners or Master and wherof three Fourthes of the Mariners at least shall not be English any Fish Victuall Wares Goods Commodityes or [Goods (fn. 3) ] of what kinde or Nature soever the same shall be from one Port or Creeke of England Ireland Wales Islands of Guernsey or Jersey or Towne of Berwicke upon Tweede to another Port or Creeke of the same or of any of them under penalty for every one that shall offend contrary to the true meaning of this branch of this present Act to forfeit all such goods as shall be loaden and carryed in any such Ship or Vessell together with the Ship or Vessell and all her Guns Ammunition Tackle Furniture and Apparel, one moyety to His Majesty His Heires and Successors and the other moyety to him or them that shall Informe Seize or Sue for the same in any Court of Record to be recovered in manner aforesaid.

VII. Abatement, &c. in the Book of Rates allowed only where the Master and Three Fourths of the Mariners be English.

And it is further Enacted by the Authority aforesaid That where any Ease Abatement or Priviledge is given in the Booke of Rates to goods or Commodityes imported or exported in English built Shiping that is to say shiping built in England Ireland Wales Islands of Guernsey or Jersey or Towne of Berwicke upon Tweede, or in any the Lands Islands Dominions or Territories to His Majesty in Africa Asia or America belonging or in his possession, That [it (fn. 4) ] is alwayes to be understood and provided that the Master and three fourthes of the Mariners, of the said Ships at least be alsoe English, And that where it is required that the Master and three Fourths, of the Mariners be English that the true intent and meaning therof is that they should be such dureing the whole Voyage unlesse in case of Sicknesse Death or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other cheife Officer of such Ships.

VIII. Goods of the Growth or Manufacture of Muscovy or Russia, and of the Turkish Empire, and other Goods herein mentioned, to be imported in English Ships, and manned as aforesaid.

Exception.; Penalty

And it is further Enacted by the Authority aforesaid That noe Goods or Commodityes of the Growth Production or Manufacture of Muscovy or of any the Countryes Dominions or Territories to the Great Duke or Emporer of Muscovia or Russia belonging, As alsoe that noe sorts of Masts Timber or boards noe forraigne Salt Pitch Tar Rozin Hempe or Flax Raizins Figs Prunes Olive Oyles noe [sort (fn. 5) ] of Corne or Graine Sugar Pot-ashes Wines Vinegar or Spirits called Aqua-vite or Brandy Wine shall from and after the First day of Aprill which shall be in the yeare of our Lord One thousand six hundred sixty one be imported into England Ireland Wales or Towne of Berwicke upon Tweede in any Ship or Ships Vessel or Vessels whatsoever but in such as doe truely and without fraude belong to the people therof or of some of them as the true Owners and proprietors therof, and wherof the Master and Three Fourths of the Mariners at least are English, and that noe Currants, nor Commodityes of the growth production or Manufacture of any the Countryes Islands Dominions or Territories to the Othoman or Turkish Empire belonging shall from and after the first day of September which shall be in the yeare of our Lord One thousand six hundred sixty one be imported into any the forementioned places in any Ship or Vessel, but which is of English built and navigated as aforesaid and in noe other, except onely such forraigne ships and vessels as are of the built of that Country or place of which the said Goods are the growth production or Manufacture respectively, or of such Port where the said Goods can onely be or most usually are first shiped for transportation, and wherof the Master and three Fourths of the Mariners at least are of the said Country [and (fn. 6) ] place under the penalty and forfeiture of Ship and Goods to be disposed and recovered as in the foregoeing Clause.

IX. What Goods deemed Aliens' Goods, and pay Aliens' Duties.

Provided alwayes and bee it hereby Enacted by the Authority aforesaid That for the prevention of the great frauds dayly used in colouring and concealing of Aliens Goods all Wines of the growth of France or Germany which [from & (fn. 7) ] after the twentyeth day of October One thousand six hundred sixty shall be Imported into any the Ports or places aforesaid in any other Ship or Vessel then which doth truely and without fraude belong to England Ireland Wales or Towne of Berwicke upon Tweede and navigated with the Marriners therof as aforesaid shall be deemed Aliens goods and pay all Strangers Customes and dutyes to His Majestye His Heires and Successors, as alsoe to the Towne or Port into which they shall be imported, And that all sorts of Masts Timber or Boards, as alsoe all forraine Salt Pitch Tar Rozin Hempe Flax Raizins Figs Prunes Olive Oyles all sorts of Corne or Grane, Sugar Pot-ashes Spirits commonly called Brandy Wine or Aqua vite Wines of the growth of Spaine the Islands of the Canaries or Portugall Madera or Westerne Islands and all goods of the growth Production or Manufacture of Muscovia or Russia which from and after the first day of April which shall be in the yeare of our Lord One thousand six hundred sixty one shall be imported into any of the aforesaid places in any other then such shiping, and soe navigated and all Currants and Turky Commodityes which from and after the first day of September One thousand six hundred sixty one shall be Imported into any the places aforesaid in any other then English built shiping and Navigated as aforesaid shall be deemed Aliens Goods and pay accordingly to his Majesty his Heires and Successors and to the Towne or Port into which they shall be imported.

X. In what Case and by what Means Foreign-built Ships shall be deemed English Ships.

Oath of Purchase of such Ship for a valuable Consideration, and other Particulars.; On Oath taken, Certificate under Hand and Seal of Officer.; Officer to keep Register of Certificates, and return Duplicates to Customs in London.

And for prevention of all Frauds which may be used in colouring or buying of Forraine Ships Be it Enacted by the Authority aforesaid And it is hereby Enacted That from and after the first day of April which shal be in the yeare of our Lord One thousand six hundred sixty one noe Foraine built ship or Vessell whatsoever shall be deemed or passe as a ship to England Ireland Wales or Towne of Berwicke or any of them belonging or enjoy the benefit or priviledge of such a Ship or Vessel, until such time that he or they claiming the said Ship or Yessel to be theirs shal make appeare to the cheife Officer or Officers of the Customes in the Port next to the place of his or their aboade that he or they are not Aliens, and shall have taken an Oath before such cheife Officer or Officers who are hereby Authorised to administer the same, That such Ship or Vessel was bona fide and without fraude by him or them bought for a valueable consideration expressing the summe as alsoe the time place and persons from whom it was bought and who are his Partowners (if he have any) all which Partowners shall be lyeable to take the said Oath before the cheife Officer or Officers of the Custome house of the Port next to the place of their aboade, and that noe Forainer directly or indirectly hath any part interest or share therin, and that upon such Oath he or they shall receive a Certificate under the Hand or Seale of the said cheife Officer or Officers of the Port where such Person or Persons soe making Oath doe reside, wherby such Ship or Vessel may for the future passe and be deemed as a Ship belonging to the said Port and enjoy the priviledge of such a Ship or Vessell, And the said Officer or Officers shall keepe a Register of all such Certificates as he or they shall soe give and returne a Duplicate therof to the cheife Officers of the Customes at London for such as shall be granted in England Wales and Berwicke and to the cheife Officers of the Customes at Dublin for such as shall be given in Ireland, together with the Names of the person or persons from whom such Ship was bought and the summe of money which was paid for her as alsoe the Names of all such persons who are part owners of her if any such be.

XI. Officers of the Customs allowing Privilege to any Foreign-built Ship until Certificate or Proof, &c.

Governors of Plantations, &c. suffering Foreign built Ships to load, &c. without Certificate; Penalty

And be it further Enacted by the Authority aforesaid That if any [Officers (fn. 8) ] of the Customes shall from and after the ( (fn. 9) ) first day of April allow the priviledge of being a Ship or Vessel to England Ireland Wales or Towne of Berwicke or any of them belonging to any Forraigne built Ship or Vessel, untill such Certificate be before them produced, or such Proofe and Oath taken before them or if any Officer of the Customes shall allow the priviledge of an English built ship or other Ship to any the aforesaid places belonging to any English or Forraine built Ship comeing into any Port and makeing Entry of any Goods untill Examination whether the Master and three Fourths of the Mariners be English, or shall allow to any Foraigne built Ship bringing in the Commodities of the Growth of the Country where it was built the priviledge by this Act to such Ship given untill Examination and Proofe whether it be a ship of the built of that Country, and that the Master and three Fourths of the Mariners are of that Country, or if any Person who is or shall be made Governour of any Lands Islands Plantations or Territories in Africa Asia or America by his Majesty His Heires or Successors shall suffer any Forraine built Ship or Vessell to load or unload any Goods or Commodityes within the Precincts of their Governments untill such Certificate be produced before them, or such as shall be by them appointed to view the same, and Examination whether the Master and three Fourthes of the Mariners at least be English, that for the first offence such Officer of the Customes and Governours shall be put out of their places Offices or Governments.

XII. Proviso for Goods of the Streights or Levant.

Provided alwayes That this Act or any thing therin contained extend not, or be meant to restraine and prohibite the Importation of any the Commodityes of the Straights or Levant Seas loaden in English built shipping & whereof the Master & three Fourths of the Mariners at least are English from the usuall Ports or Places for lading of them heretofore within the said Straights or Levant Seas though the said Commodityes be not of the very growth of the said places,

XIII. Proviso for Importation of East India Commodities as to Growth.

Provided alsoe That this Act or any thing therin contained extend not or be meant to restraine the Importing of any East India Commodityes loaden in English built shipping, and wherof the Master and three Fourths of the Mariners at least are English from the usuall place or places for lading of them in any part of those Seas to the South-Ward and Eastward of Cabo bona Esperanza although the Ports be not the very places of their growth.

XIV. Proviso for Goods imported from Spain, Portugal, Azores, Madeira, or Canary Islands.

Provided alsoe That it shall and may bee lawful to and for any [of (fn. 10) ] the people of England Ireland Wales Islands of Guernsey or Jersey or Towne of Berwicke upon Tweede in Vessels or Ships to them belonging, and wherof the Master and three Fourths of the Mariners at least are English to load and bring in from any of the Ports of Spaine or Portugall, or Westerne Islands commonly called Azores or Madera or Canary Islands all sorts of Goods or Commodityes of the Growth Production or Manufacture of the Plantations or Dominions of either of them respectively.

XV. Proviso for Bullion, and Goods taken by way of Reprisal.

Provided That this Act or any thing therin contained extend not to Bullion nor yet to any Goods taken or( (fn. 11) ) that shall be bona fide taken by way of Reprisall by any Ship or Ships belonging to England Ireland or Wales Islands of Guernsey or Jersey or Towne of Berwicke upon Tweede and wherof the Master and three Fourths of the Mariners at least are English haveing Commission from His Majestie his Heires [and (fn. 12) ] Successors.

XVI. Proviso concerning Corn, Salt, and Fish of Scotland;

and for Seal Oil of Russia.

Provided alwayes That this Act, or any thing therin contained shall not extend or be construed to extend to lay Aliens dutyes upon any Corne of the growth of Scotland, or to any Salt made in Scotland, nor to any Fish caught saved and cured by the People of Scotland, and Imported directly from Scotland in Scotch built Ships, and wherof the Master and three Fourths of the Mariners are of His Majestyes Subjects, nor to any Seale Oyle of Russia Imported from thence into England Ireland Wales or Towne of Berwicke upon Tweede in shiping bona fide to some of the said places belonging, and wherof the Master and three Fourths of the Mariners at least are English.

XVII. The Duty payable upon Goods in French Ships, and on their taking in and setting on Shore Passengers.

How long to continue.

Provided alsoe and it is hereby Enacted That every Ship or Vessell belonging to any the Subjects of the French King which from and after the twentyeth day of October in the yeare of our Lord One thousand six hundred [& (fn. 13) ] sixty shall come into any Port Creeke Harbour or Roade of England Ireland Wales or Towne of Berwicke upon Tweede, and shall there [laid (fn. 14) ] or unlade any goods or Commodityes, or take in or sett on shore any Passengers shall pay to the Collector of His Majesties Customes in such Port Creeke Harbour or Roade for every Tun of which the said Ship or Vessell is of burthen to be computed by such Officer of the Customes as shall be therunto appointed the summe of five shillings currant money of England, And that noe such Ship or Vessell be suffered to depart out of such Port Creeke Harbour or Roade untill the said Duty be fully paid, And that this Duty shall continue to be collected leavyed and paid for such time as a certaine Duty of Fifty Solls per Tun lately imposed by the French King or any part therof shall continue to be Collected upon the shiping of England lading in France and three moneths after and noe longer.

XVIII. Sugars, Tobacco, &c. of the Growth of America, Asia, or Africa, to be shipped only to English Dominions.

Penalty.

And it is further Enacted by the Authority aforesaid That from and after the first day of April which shall be in the yeare of our Lord One thousand six hundred sixty one noe Sugars Tobaccho Cotton Wool Indicoes Ginger Fustick or other dyeing wood of the Growth Production or Manufacture of any English Plantations in America Asia or Africa shall be shiped carryed conveyed or transported from any of the said English Plantations to any Land Island Territory Dominion Port or place whatsoever other then to such ( (fn. 15) ) English Plantations as doe belong to His Majesty His Heires and Successors or to the Kingdome of England or Ireland or Principallity of Wales or Towne of Berwicke upon Tweede there to be laid on shore under the penalty of the Forfeiture of the said Goods or the full value therof, as alsoe of the Ship with all her Guns Tackle Apparel Ammunition and Furniture, the one moyety to the Kings Majesty His Heires and Successors, and the other moyety to him or them that shal seize informe or sue for the same in any Court of Record by Bil Plaint or Information wherin noe Essoyne Protection or Wager of Law shall be allowed.

XIX. Ships sailing from England, Ireland, or Wales to English Plantations, bound.

according to Tonnage with Sureties, to bring Goods there loaded into England, &c.; Ships coming from any other Port to the Plantations, Governors to take such Bond, or Certificate that such Bond has been given in England; Penalty.; Governors to return Bonds taken Twice yearly to Customs in London.

And be it further Enacted by the Authoritie aforesaid That for every Ship or Vessel which from and after the [five and twentyeth (fn. 16) ] day of December in the yeare of our Lord One thousand six hundred and sixty shall set saile out of, or from England Ireland Wales or Towne of Berwicke upon Tweede for any English Plantation in America Asia[or (fn. 17) ] Africa sufficient bond shall be given with one surety to the cheife Officers of the Custome house, of such Port or place from whence the said Ship shall set saile to the value of one thousand pounds if the ship be of lesse burthen then one hundred Tuns, and of the su[m]me of two thousand pounds if the Ship [shal (fn. 17) ] be of greater burthen, That in case the said Ship or Vessel shall loade any of the said Co[m]modityes at any of the said English Plantations, that the same Commodityes shall be by the said ship brought to some Port of England Ireland Wales, or to the Port or Towne of Berwicke upon Tweede and shall there unload and put on shore the same, the danger of the Seas onely excepted, And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permited to trade there, that the Governour of such English plantation shall before the said Ship or Vessel be permited to loade on board any of the said Co[m]modityes take Bond in manner and to the value aforesaid for each respective Ship or Vessel, That such Ship or Vessell shall carry all the aforesaid Goods that shall be laden on board in the said ship to some other of His Majestyes English Plantations, or to England Ireland Wales or Towne of Berwicke upon Tweede, And that every ship or vessel [that (fn. 18) ] shall loade or take on board any of the aforesaid Goods until such Bond given to the said Governour or Certificate produced from the Officers of any Custome house of England Ireland Wales or of the Towne of Berwicke that such bond have beene there duely given, shall be forfeited with all her Guns Tackle Apparel and Furniture to be imployed and recovered in manner [as (fn. 17) ] aforesaid, And the said Governours and every of them shall twice in every yeare after the first day of January One thousand six hundred [and (fn. 19) ] sixty returne true Copyes of all such Bonds by him soe taken to the cheife Officers of the Custome in London.