Anno Regni CAROLI II.

REGIS Angliae, Scotiae, Franciae, & Hiberniae, DUODECIMO.

At the Parliament begun at VVestminster, the Five and twentieth day of April, An. Dom. 1660.

In the Twelfth year of the Reign of our most Gra­cious Sovereign Lord CHARLES, By the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c.

‘HONI SOIT QVI MAL Y PENSE’

LONDON, Printed by John Bill and Christopher Barker, Printers to the Kings most Excellent Majesty, 1660.

Cum Privilegio.

Anno XII. CAROLI II. Regis. AN ACT FOR THE Encouraging & Increasing OF SHIPPING AND NAVIGATION.

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, Be it Enacted by the Kings most Ex­cellent Majesty, and by the Lords and Com­mons in this present Parliament assembled, and 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 [Page 2] Territories to His Majesty belonging, or in His possession, or which may hereafter 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 one­ly 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 any the said Lands, Islands, Plantations, or Territories, as the Proprietors and right Owners thereof, and whereof the Master and three fourths of the Marriners at least are English, under the penalty of the Forfei­ture and Loss of all the Goods and Commo­dities which shall be Imported into, or Ex­ported out of any 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, where 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 Essoign, Protection, or Wager of Law shall be al­lowed; and all Admirals, and other Com­manders at Sea of any the ships of War, or other ship, having Commission from His Majesty, or from His Heirs or Successors, [Page 3] 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 case of condemnation, one moyety of such Forfeitures shall be to the use of such Admirals or Commanders 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 Moyety to the use of His Majesty, His Heirs and Successors.

And be it Enacted, That no Alien or Per­son not born within the Allegiance of Our Soveraign Lord the King, His Heirs and Successors, or Naturalized, or made a frée Denizen, shall from and after the First day of February, which shall be in the year 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 pain of the Forfeiture and Loss of all his Goods and Chattels, or which are in his possession, one third to His Majesty His Heirs and Successors, 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 Majesties Courts in the Plantation, where such offence shall be committed: 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 [Page 4] shall be made Governors of any such Islands, Plantations or Territories, by His Majesty, His Heirs or Successors, shall before their entrance into their Government take a Solemn Oath to do their utmost, that every the afore mentioned Clauses, and all the matters and things therein contain­ed, shall be punctually and bona fide observed, according to the true intent and meaning thereof: 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.

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 Mans 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 onely 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 [Page 5] and three Fourths at least of the Mari­ners are English, under the penalty of the forfeiture of all such Goods and Commodi­ties, and of the Ship or Vessel in which they were Imported, with all her Guns, Tackle, Furniture, Ammunition, and Apparel, one moyety to His Majesty, His Heirs and Suc­cessors, and the other moyety 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 Essoign, Protection, or wager in Law shall be allowed.

And it is further Enacted by the Authori­ty aforesaid, That no Goods or Commodi­ties, that are of forain 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 abovesaid, shall be shipped or brought from any other Place or Places, Countrey or Countreys, but onely from those of their said Growth, Producti­on, or Manufacture, or from those Ports where the said Goods and Commodities can onely, or are, or usually have been first ship­ped for transportation, and from none other Places or Countreys, under the penalty of the forfeiture of all such of the foresaid Goods, as shall be Imported from any other Place or Countrey contrary to the true intent and meaning hereof, as also of the ship in which [Page 6] they were Imported, with all her Guns, Fur­niture, Ammunition, Tackle and Apparel, one Moyety to His Majesty, His Heirs and Suc­cessors, and the other Moyety to him or them that shall seize, inform 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, Stock­fish, Pilchard, or any other kinde of dryed or salted fish, usually fished for and caught by the people of England, Ireland, Wales, Town of Berwick upon Tweed, or any sort of Codfish or Herring, or any Oyl or Blubber, made or that shall be made of any kinde of Fish what­soever, or any Whale-fins or Whale-bones, which shall be imported into England, Ireland, Wales, or Town of Berwick upon Tweed, not having been caught in vessels truly and pro­perly belonging thereunto as Proprietors and right Owners thereof, and the said Fish cu­red, saved or dryed, and the Oyl and Blubber aforesaid (which shall be accompted and pay as Oyl) not made by the people thereof, and shall be imported into England, Ireland, or Wales, or Town of Berwick upon Tweed, shall pay double Aliens Custom.

And be it further Enacted by the Autho­rity aforesaid, That from henceforth it shall not be lawful to any Person or Persons whatsoever, to Load or cause to be Loaden and carried in any Bottom or Bottoms, Ship or Ships, Vessel or Vessels whatsoever, whereof any Stranger or Strangers born (unless such as be Denizens or Naturalized) [Page 7] be Owners, Part-owners, or Master, and whereof three fourths of the Mariners at least shall not be English, any Fish, Victual, Wares, Goods, Commodities, or things of what kinde or nature soever the same shall be, from one Port or Creek of England, Ireland, Wales, Islands of Guernsey or Jersey, or Town of Berwick upon Tweed, to another Port or Creek 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 carried in any such Ship or Vessel, together with the Ship or Vessel, and all her Guns, Ammunition, Tackle, Furniture and Apparel, one Moyety to His Majesty his Heirs and Successors, and the other Moyety to him or them that shall In­form, Seise or Sue for the same in any Court of Record to be recovered in maner afore­said.

And it is further Enacted by the Autho­rity a foresaid, That where any Ease, Abate­ment or Priviledge is given in the Book of Rates to goods or Commodities Imported or Exported in English built Shipping, that is to say, shipping built in England, Ireland, Wales, Islands of Guernsey or Jersey, or Town of Berwick upon Tweed, or in any the Lands, Islands, Dominions or Territories to His Majesty in Africa, Asia or America belonging or in his possession, That it is always to be understood, and provided that the Master and three fourths of the Mariners of the said ships, at least, be also English; And that [Page 8] where it is required that the Master and three Fourths of the Mariners be English, that the true intent and meaning thereof is, that they should be such during the whole voyage, unless in case of sickness, death, or being taken Prisoners in the voyage, to be proved by the Oath of the Master or other chief Officer of such ships.

And it is further Enacted by the Authori­ty aforesaid, That no goods or Commodi­ties of the growth, production or manufa­cture of Muscovy, or of any the Countreys, Dominions or Territories to the great Duke or Emperor of Muscovy or Russia belonging, As also that no sorts of Masts, Timber or Boards, no forein Salt, Pitch, Tar, Rozin, Hemp or Flax, Raizins, Figs, Prunes, Olive Oyls, no sorts of Corn or Grayn, Sugar, Pot-ashes, Wines, Vinegar, or Spirits called Aquavite or Brandy wine, shall from & after the first day of April, which shall be in the year of our Lord One thousand six hundred sixty one, be imported into England, Ireland, Wales or Town of Berwick upon Tweed in any ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong to the people thereof, or of some of them as the true Owners and Proprietors thereof, and whereof the Master and three Fourths of the Mariners at least are English, and that no Currants nor Com­modities of the growth, production or manufacture of any the Countreys, Islands, Dominions or Territories to the Othoman or Turkish Empire belonging, shall from [Page 9] and after the first day of September which shall be in the year 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 no other; Except onely such forain ships and vessels as are of the built of that Countrey 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 shipped for transportation, and whereof the Master and three Fourths of the Mariners at least are of the said Countrey or place, under the penalty and forfeiture of ship and Goods to be disposed and recovered as in the foregoing Clause.

Provided always, and be it hereby En­acted by the Authority aforesaid, That for the prevention of the great frauds daily used in colouring and concealing of Aliens Goods, all Wines of the growth of France or Germany, which from and after the Twentieth 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 truly and without fraud belong to England, Ireland, Wales, or Town of Berwick upon Tweed, and Navigated with the Mariners there­of as aforesaid, shall be deemed Aliens Goods, and pay all Strangers Customs and duties to His Majesty, His Heirs and Successors, as also to the Town or [Page 10] Port, into which they shall be Imported; And that all sorts of Masts, Timber or Boards, as also all forain Salt, Pitch, Tar, Rozin, Hemp, Flax, Raizins, Figs, Prunes, Olive Oyls, all sorts of Corn or Grain, Sugar, Pot-ashes, Spirits commonly called Brandy wine or Aquavite, Wines of the growth of Spain, the Islands of the Cana­ries or Portugal, Madera or Western Islands, and all Goods of the growth, production or manufacture of Moscovy or Russia, which from and after the First day of April which shall be in the year of our Lord One thou­sand six hundred sixty one, shall be Impor­ted into any of the aforesaid places in any other then such shipping, and so Navigated, and all Currants and Turky Commodities 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 shipping and Navigated as aforesaid, shall be deemed Aliens Goods, and pay according­ly to His Majestie, His Heirs and Succes­sors, and to the Town or Port into which they shall be Imported.

And for prevention of all Frauds which may be used in colouring or buying of Forain Ships, Be it Enacted by the Authority aforesaid, and it is hereby Enacted, That from and after the First day of April, which shall be in the year of our Lord One thousand six hundred sixty one, no Forain built Ship or Vessel whatsoever shall be deemed or pass as a Ship to England, Ireland, Wales, or Town [Page 11] of Berwick, 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, shall make appear to the chief Officer or Officers of the Customs in the Port next to the place of his or their aboad, that he or they are not Aliens, and shall have taken an Oath before such chief Officer or Officers, who are hereby Authorized to administer the same, That such Ship or Vessel was bona fide and without fraud by him or them bought for a valuable consideration, expressing the sum, as also the time, place, and persons from whom it was bought, and who are his part-owners (if he have any) all which part-owners shall be lia­ble to take y e said Oath before the chief Offi­cer or Officers of y e Custom-house of the Port next to the place of their aboad, and that no Forainer directly or indirectly hath any part, interest, or share therein, and that upon such Oath he or they shall receive a Certificate under the Hand or Seal of the said chief Of­ficer or Officers of the Port where such per­son or persons so making Oath do reside, whereby such Ship or Vessel may for the future pass and be deemed as a Ship belong­ing to the said Port, and enjoy the priviledge of such a Ship or Vessel; And the said Offi­cer or Officers shall keep a Register of all such Certificates as he or they shall so give, and return a Duplicat thereof to the chief Officers of the Customs at London for such as shall be granted in England, Wales, and Ber­wick, and to the chief Officers of the Customs [Page 12] 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 sum of Money which was paid for her, as also 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 Officer of the Customs shall from and after the said First day of April, allow the priviledge of being a Ship or Vessel to England, Ireland, Wales, or Town of Berwick, or any of them belonging, to any Forain built Ship or Vessel, until such Certificate be before them produced, or such Proof and Oath taken before them; or if any Officer of the Customs shall allow the pri­viledge of an English built Ship, or other Ship to any the aforesaid places belonging to any English or Forain built Ship coming into any Port, and making Entry of any Goods, until Examination whether the Master and three fourths of the Mariners be English, or shall allow to any Forain built Ship, bringing in the Commodities of the Growth of the Countrey where it was built, the priviledge by this Act to such ship given, until Examination and Proof whether it be a ship of the built of that Countrey, and that the Master and three fourths of the Mari­ners are of that Countrey; or if any person who is or shall be made Governor of any Lands, Islands, Plantations, or Territo­ries in Africa, Asia, or America, by His Majesty, His Heirs or Successors, shall suffer any Forain built Ship or Vessel to load or unload [Page 13] any Goods or Commodities within the Pre­cincts of their Governments, until 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 fourths of the Mariners at least be English, that for the first Offence such Of­ficer of the Customs and Governors shall be put out of their Places, Officers or Govern­ments.

Provided always, That this Act or any thing therein contained, extend not, or be meant to restrain and prohibite the Im­portation of any the Commodities 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 usual Ports or Places for lading of them heretofore within the said Straights or Levant Seas, though the said Commodities be not of the very Growth of the said places.

Provided also, That this Act, or any thing therein contained, extend not, or be meant to restrain the Importing of any East India Commodities, loaden in English built ship­ping, and whereof the Master and three fourths of the Mariners at least are English, from the usual place or places for lading of them in any part of those Seas, to the South-ward and East-ward of Cabo bona speranza, although the said Ports be not the very Places of their Growth.

Provided also, That it shall and may be lawful to and for any of the people of Eng­land, Ireland, Wales, Islands of Guernsey or [Page 14] Jersey, or Town of Berwick upon Tweed, in Vessels or Ships to them belonging, and whereof the Master and three fourths of the Mariners at least are English, to load and bring in from any of the Ports of Spain or Portugal, or Western Islands, commonly called Azores, or Madera, or Canary Islands, all sorts of Goods or Commodities of the Growth, Production, or Manufacture of the Plantations or Dominions of either of them respectively.

Provided, That this Act, or any thing therein contained, extend not to Bullion, nor yet to any Goods taken, or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England, Ireland, or Wales, Islands of Guernsey or Jersey, or Town of Berwick upon Tweed, and whereof the Master and three fourths of the Mariners at least are English, having Commission from His Majesty, His Heirs or Successors.

Provided always, That this Act, or any thing therein contained, shall not extend, or be construed to extend to lay Aliens Duties upon any Corn 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 whereof the Master and three fourths of the Mariners are of His Majesties Subjects, nor to any Seal Oyl of Russia, Imported from thence into England, Ireland, Wales, or Town of Ber­wick upon Tweed, in shipping bona fide to some of the said places belonging, and where­of [Page 15] the Master and three fourths of the Ma­riners at least are English.

Provided also, and it is hereby Enacted, That every Ship or Vessel belonging to any the Subjects of the French King, which from and after the Twentieth day of Octo­ber, in the year of our Lord One thousand six hundred and sixty, shall come into any Port, Creek, Harbor or Road of England, Ireland, Wales, or Town of Berwick upon Tweed, and shall there lade or unlade any Goods or Commodities, or take in or set on shore any passengers, shall pay to the Collector of His Majesties Customs in such Port, Creek, Har­bor or Road, for every Tun of which the said Ship or Vessel is of burthen, to be computed by such Officer of the Customs as shall be thereunto appointed, the sum of Five shillings currant Money of England: And that no such Ship or Vessel be suffered to depart out of such Port, Creek, Harbor or Road, un­til the said Duty be fully paid; And that this Duty shall continue to be Collected, Levied, and Paid for such time, as a certain Duty of Fifty Solls per Tun, lately imposed by the French King, or any part thereof, shall con­tinue to be Collected upon the shipping of England lading in France, and three Moneths after, and no longer.

And it is further Enacted by the Authority aforesaid, That from and after the First day of April, which shall be in the year of our Lord One thousand six hundred sixty one, no Sugars, Tobacco, Cotton-wooll, In­dicoes, Ginger, Fustick, or other dying wood, of the Growth, Production or Manufacture [Page 16] of any English Plantations in America, Asia, or Africa, shall be shipped, carried, conveyed or transported from any of the said English Plantations to any Land, Island, Terri­tory, Dominion, Port, or Place whatsoever, other then to such other English Plantations as do belong to His Majesty, His Heirs and Successors, or to the Kingdom of England, or Ireland▪ or Principality of Wales, or Town of Berwick upon Tweed, there to be laid on shore, under the penalty of the forfeiture of the said Goods or the full value thereof, as also of the Ship with all her Guns, Tackle, Ap­parel, Ammunition and Furniture, The one moyety to the Kings Majesty, His Heirs and Successors, and the other moyety to him or them that shall seize, inform, or sue for the same in any Court of Record, by Bill, Plaint or Information, wherein no Essoign, Pro­tection, or wager of Law shall be allowed.

And be it further Enacted by the Authori­ty aforesaid, That for every Ship or Ves­sel, which from and after the Five and twentieth day of December, in the year of our Lord One thousand six hundred and sixty, shall set sail out of or from England, Ireland, Wales, or Town of Berwick upon Tweed, for any English Plantation in America, Asia, or Africa, sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or Place from whence the said Ship shall set sail, to the value of One thousand pounds, if the Ship be of less bur­then then one hundred Tuns; and of the sum of Two thousand pounds, if the Ship shall be of greater burthen, That in case the [Page 17] said Ship or Vessel shall load any of the said Commodities at any of the said English Plantations, that the same Commodities shall be by the said ship brought to some Port of England, Ireland, Wales, or to the Port or Town of Berwick upon Tweed, 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 permitted to Trade there, that the Governor of such English Plantations shall before the said ship or vessel be permitted to load on board any of the said Commodities, take Bond in maner and to the value aforesaid for each respective ship or vessel, That such ship or vessel shall carry all the aforesaid Goods that shall be laden on board in the said ship to some other of His Majesties English Plantations, or to Eng­land, Ireland, Wales, or Town of Berwick upon Tweed: And that every ship or vessel, which shall load or take on board any of the afore­said Goods, until such Bond given to the said Governor, or Certificate produced from the Officers of any Custom-house of Eng­land, Ireland, Wales, or of the Town of Berwick, that such Bond have been there duly given, shall be forfeited with all her Guns, Tackle, Apparel and Furniture, to be imployed and recovered in maner as aforesaid. And the said Governors and every of them shall twice in every year after the First day of January, One thousand six hundred and sixty, return true Copies of all such Bonds by him so ta­ken, to the chief Officers of the Custom in London.

Anno Regni CAROLI II. AN ACT To Prevent FRAUDS AND CONCEALMENTS OF His Majesties CUSTOMS and SUBSIDIES.

BE it Enacted by the Kings most Ex­cellent Majesty, by and with the ad­vice and consent of the Lords and Commons in this present Parliament As­sembled, [Page 20] That if any person or persons at any time after the First day of September, One thousand six hundred and sixty, shall cause any Goods for which Custom, Subsidy, or other Duties are due, or payable by vertue of the Act passed this Parliament, (Entitu­led, A Subsidie granted to the King of Tonnage and Poundage, and other sums of Money, payable up­on Merchandize Exported and Imported) to be landed or conveyed away without due entry thereof first made, and the Customer or Col­lector, or his Deputy agreed with, That then and in such case upon Oath thereof made before the Lord Treasurer, or any of the Barons of the Exchequer, or chief Magi­strate of the Port or Place where the offence shall be committed, or the Place next ad­joyning thereunto, it shall be lawful to and for the Lord Treasurer, or any of the Ba­rons aforesaid, or chief Magistrate of the Port or Place where the offence shall be com­mitted, or the Place next adjoyning there­unto, to issue out a Warrant to any person or persons, thereby enabling him or them with the assistance of a Sheriff, Iustice of Peace, or Constable to enter into any House in the day time where such Goods are suspe­cted to be concealed; and in case of resistance to break open such Houses, and to seize and secure the same Goods so concealed: And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto.

Provided always, That no House shall be entred by vertue of this Act, unless it be within the space of one Moneth after the [Page 21] offence supposed to be committed.

Provided also, That this Act shall con­tinue in force unto the end of the First Ses­sion of the next Parliament, and no longer.

Provided also, That if the Information whereupon any House shall come to be search­ed, shall prove to be false, that then and in such case the party injured shall recover his full Damages and Costs against the Infor­mer, by action of Trespass to be therefore brought against such Informer.

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