An Act for the Encourageing and increasing of Shipping and Navigation (1660)

Artifact Summary
Artifact type	Statute
Creator/author	Parliament of England
Date	1660
Period	Stuart
City and country of origin
Abstract

Entry

[Statutes of the Realm, Vol. V (1625-1680), VOL. V, CHAPTER XVIII.]

DOR the increase of Shiping and incouragement of the Navigation of this Nation, wherin under the good providence ce and protection of God the Wealth Safety and St Strength of this Kingdome is soe much concerned Bee it Enacted by the Kings most Excellent Majesty and by the Lorde and Comons 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 Goodę or Commodities whatsoever shall be Imported into or Exported out of any Lande 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 Lande Islande 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 Goode 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 Goode 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 Comission 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 [cases3] of Ships taken prize, and the other moyety to the use of his Majesty his Heires and Successors

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 Goode and

Aliens exercising

the Occupation of Merchants or Factors in Plantations. Penalty

and O

• annexed to the Original Act in a separate Schedule

• Case.O

Oath to perform Clauses

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 Lande Islande Plantations or Territories and every of them are hereby Governors of strictly required and commanded and all who hereafter shall be made Governours of any such Islande Plantations Plantations to take or Territories by his Majesty his Heires or Successors shall before their entrance into their Government take a the aforementioned 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 Neglecting so to do, 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

removed

III. Goods of Africa,

Asia, or America not to be imported but in English Ships, and manned

as aforesaid

And it is further Enacted by the Authority aforesaid that noe Goode 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 Carde of those places be Imported into England Ireland or Wales Island 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 Lande Islande 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 Goode and Commodityes, and of the Penalty. 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

And it is further Enacted by the Authority aforesaid that noe Goode or Commodityes that are of forraigne growth production or manufacture and which are to be brought into England Ireland Wales, the Islande 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 Goode 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 Goode 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,

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

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

V. All Ling, Stock

Fish, &c. Oil, &c. Whalefins, &c. imported, not caught in Vessels of Proprietors themselves shall pay double

Aliens Custom

VI. No Goods to be

carried from one Port of England Vessel of any Alien. Exception,

to another the

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'] 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 Good Commodityes or [Good] of what kinde or Nature soever the same shall be from one Port or Creeke of England Ireland Wales Island 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 Penalty. the true meaning of this branch of this present Act to forfeit all such good 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 where

the Book of Rates alewed only wh Three Fourths of 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 goodf or Commodityes imported or exported in English built Shiping that is to say shiping built in England Ireland Wales Islande of Guernsey or Jersey or Towne of Berwicke upon Tweede, or in any the Lande Island Dominions or Territories to His Majesty in Africa Asia or America belonging or in his possession, That [it] is alwayes to be understood and provided that the Master and three fourthes of the Mariners of the said the Mariners 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

10. omits

• Things O

3 interlined on the Roll

Goods of the Growth or Manu-

facture of Muscovy or Russia, and of the Turkish Empire, and other Goods herein mentioned, to be imported in English Ships,

And it is further Enacted by the Authority aforesaid That noe Goode 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 boarde noe forraigne Salt Pitch Tar Rozin Hempe or Flax Raizins Figs Prunes Olive Oyles noe [sort'] 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

manned as aforesaid. Towne of Berwicke upon Tweede in any Ship or Ships Vessel or Vessels whatsoever but in such as doe truely and

Exception

Penalty

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

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

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 Islande 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 Goodę are the growth production or Manufacture respectively, or of such Port where the said Goodf 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] place under the penalty and forfeiture of Ship and Goode to be disposed and recovered as in the foregoeing Clause

PROVIDED alwayes and bee it hereby Enacted by the Authority aforesaid That for the prevention of the great fraude dayly used in colouring and concealing of Aliens Goodf all Wines of the growth of France or Germany which [from & 3] 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 good 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 Boarde, 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 Islande of the Canaries or Portugall Madera or Westerne Islande and all goode 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 any the places aforesaid in any other then English built shiping and Navigated as aforesaid shall be deemed Aliens Goode and pay accordingly to his Majesty his Heires and Successors and to the Towne or Port into which they shall be imported

AND for prevention of all Fraude 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 Vessel 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

AND be it further Enacted by the Authority aforesaid That if any [Officers) of the Customes shall from and after the (5) 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 Goodę 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 Governors of suffering Foreignbuilt Ships to load,

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

1 sorts 0

or O

3 interlined on the Roll

• Officer O

said O

Plantations, &c

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 Lande Islande 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 Goode 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 Certificate; Examination whether the Master and three Fourthes of the Mariners at least be English, that for the first offence Penalty. such Officer of the Customes and Governours shall be put out of their places Offices or Governments

&c. without

Proviso for Goods

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 of the Streights or & 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

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 Importation of East 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

PROVIDED alsoe That it shall and may bee lawful to and for any (of'] the people of England Ireland Wales Island 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 Islande commonly called Azores or Madera or Canary Islande all sorts of Goode or Commodityes of the Growth Production or Manufacture of the Plantations or Dominions of either of them respectively

PROVIDED That this Act or any thing therin contained extend not to Bullion nor yet to any Goode taken or (1) that shall be bona fide taken by way of Reprisall by any Ship or Ships belonging to England Ireland or Wales Islande 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] Successors

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

XIV. Proviso for Goods

imported from Spain, Portugal, Azores, Madeira, or Canary Islands

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

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

of Russia

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

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 [&] sixty shall come into any Port Creeke Harbour or Roade of England Ireland Wales or Towne of Berwicke upon Tweede, and shall there (laids) or unlade any good 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 How long to Solls per Tun lately imposed by the French King or any part therof shall continue to be Collected upon the continue. shiping of England lading in France and three moneths after and noe longer

AND it is further Enacted by the Authority aforesaid That from and after the first day of Aprill 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

Sugars, Tobacco, the Growth of America, Asia, or Africa, to be shipped only to English Dominions;

to any Land Island Territory Dominion Port or place whatsoever other then to such (6) 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 Penalty. the said Goode 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

AND be it further Enacted by the Authoritie aforesaid That for every Ship or Vessel which from and after the [five and twentyeth] day of December in the yeare of our Lord One thousand six hundred and sixty shall set England, Ireland, saile out of, or from England Ireland Wales or Towne of Berwicke upon Tweede for any English Plantation in

ΧΙΧ

Ships sailing from

or Wales to English Plantations, bound

interlined on the Roll

2 cr 0

3 or O

• 0. omits

lade O

6 other O

7 25th 0

according to Tonnage with Sureties, to bring

Goods there loaded into England, &c

any other Port to the Plantations, Governors to take

such Bond, or Certificate that

such Bond has been

given in England;

America Asia [or'] 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 pounde if the ship be of lesse burthen then one hundred Tuns, and of the sume of two thousand pounde if the Ship [shal] be of greater burthen, That in case the said Ship or Vessel shall loade any of the said Comodityes 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,

Ships coming from 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 Comodityes 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 Good 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] shall loade or take on board any of the aforesaid Good 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') 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] sixty returne true Copyes of all such Bonde by him soe taken to the cheife Officers of the Custome in London

Penalty

Governors to

return Bonds taken

Twice yearly to Customs in London

Rot . Parl . 12 C.II

p. 2. nu. 7

c. 4. ante

Persons conveying away Goods without Entry and Agreement for the Custom;

Penalty

Officer to break and enter Houses suspected

II. Limitation of Entry

III. Continuance of Act

IV. Damages and Costs against false Informers,