An act for the encouraging and increasing of shipping and navigation

by Parliament of England

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12 Car. II, c. 18 (England)

An act for the encouraging and increasing of shipping and navigation

[Assented to 13th September, 1660.]

 For the increase of shipping and encouragement of the navigation of this nation, wherein, under the good providence and protection of God, the wealth, safety, and strength of this kingdom is so much concerned;

No goods shall be imported from the plantations, &c. but in English ships.

 (2) be it enacted by the King’s most excellent majesty, and by the lords and commons in this present Parliament assembled, and by the authority thereof, That from and after the first day of December one thousand six hundred and sixty, and from thenceforward, no goods or commodities whatsoever shall be imported into or exported out of any lands, islands, plantations or territories to his Majesty belonging or in his possession, or which may hereafter may belong unto or be in the possession of his Majesty, his heirs and successors, in Asia, Africa, or America, in any other ship or ships, vessel or vessels whatsoever, but in such ships or vessels as do truly and without fraud belong only to the people of England or Ireland, dominion of Wales or town of Berwick upon Tweed, or are of the built of and belonging to said lands, islands, plantations or territories, as the proprietors and right owners thereof, and whereof the master and three fourths of the mariners at least are English;

Penalty.

 (3) under the penalty of forfeiture and loss of all the goods and commodities which shall be imported into or exported out of any of the aforesaid places in any other ship or vessel, as also of the ship or vessel, with all its guns, furniture, tackle, ammunition, and apparel; one third part thereof to his Majesty, his heirs and successors; one third part to the governor of such land, plantation, island or territory which such default shall be committed, in case the said ship or goods be there seized, or otherwise that third part also to his Majesty, his heirs and successors; and the other third part to him or them who shall seize, inform or sue for the same in any court of record, by bill, information, plaint or other action, wherein no essoin, protection or wager of law shall be allowed;

 (4) and all admirals and other commissioners at sea of any the ships of war or other ship having commission from his Majesty or his heirs and successors, are hereby authorized and strictly required to seize and bring in as prize all such ships or vessels as shall have offended contrary hereunto, and deliver them to the court of admiralty, there to be proceeded against; and in the case of condemnation, one moiety of such forfeitures shall be to use of such admirals or commissioners and their companies, to be divided and proportioned amongst them according to the rules and orders of the sea in case of ships taken prize; and the other moiety to the use of his Majesty, his heirs and successors.

Aliens shall not exercise the occupation of merchants or factors in the plantations.

II. And be it enacted, That no alien or person not born within the allegiance of our sovereign lord the King, his heirs and successors, or naturalized, or made a full denizen, shall from and after the first day of February, which will be in the year of our Lord one thousand six hundred and sixty-one, exercise the trade or occupation of a merchant or factor in any of the said places;

 (2) upon pain of the forfeiture and loss of all his goods and chattels, or which are in his possession; one third to his Majesty; one third to the governor of the plantation where such person shall so offend; and the other third to him or them that shall inform or sue for the same in any of his Majesty’s courts in the plantation where such offense shall be committed:

Governors, &c. of plantations to take an oath for the observation of the aforementioned clauses.

 (3) and all governors of the said lands, islands, plantations or territories, and every of them, are hereby strictly required and commanded, and all who hereafter shall be governors of any such islands, plantations or territories, by his Majesty, his heirs and successors, shall before their entrance into their government take a solemn oath, to do their utmost, that every the aforementioned clauses, and all the matters and things therein contained, shall be punctually and bona fide observed according to the true intent and meaning thereof:

 (4) and upon complaint and proof made before his Majesty, his heirs or successors, or such as shall be by him or them thereunto authorized and appointed, that any the said governors have been willingly and wittingly negligent in doing their duty accordingly, that the said governor so offending shall be removed from his government

III. And it is further enacted by the authority aforesaid, That no goods or commodities whatsoever, of the growth, production or manufacture of Africa, Asia or America, or of any part thereof, or which are described or laid down in the usual maps or cards of those places, be imported into England, Ireland, or Wales, islands of Guernsey or Jersey, or town of Berwick upon Tweed, in any other ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong only to the people of England or Ireland, dominion of Wales, or town of Berwick upon Tweed, or of the lands, islands, plantations or territories in Asia, Africa or America, to his Majesty belonging, as the proprietors and right owners thereof, and whereof the master, and three fourths thereof at least of the mariners are English;

 (2) under the penalty of forfeiture and loss of all the goods and commodities which shall be imported into or exported out of any of the aforesaid places in any other ship or vessel, as also of the ship or vessel, with all its guns, furniture, tackle, ammunition, and apparel; one moiety to his Majesty, his heirs and successors; and the other moiety to him or them who shall seize, inform or sue for the same in any court of record, by bill, information, plaint or other action, wherein no essoin, protection or wager of law shall be allowed;

No goods of foreign growth or manufactures shall be brought into England, &c. in English ships, but only from the places of their said growth, &c.

IV. And it is further enacted by the authority aforesaid, That no goods or commodities that are of foreign growth, production or manufacture, and which are to be brought into England, Ireland, Wales, the islands of Guernsey and Jersey, or town of Berwick upon Tweed, in English-built shipping, or other shipping belonging to some of the aforesaid places, and navigated by English mariners, as aforesaid, shall be shipped or brought from any other place or places, country or countries, but only from those of the said growth, production or manufacture, or from those ports where the said goods and commodities can only, or are, or usually have been, first shipped for transportation, and from none other places or countries;

 (2) under the penalty of forfeiture and loss of all the goods and commodities which shall be imported into or exported out of any of the aforesaid places in any other ship or vessel, as also of the ship or vessel, with all its guns, furniture, tackle, ammunition, and apparel; one moiety to his Majesty, his heirs and successors, and the other moiety to him or them who shall seize, inform or sue for the same in any court of record, to be recovered as is before exprest.

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