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and that for the repairing of such stages as he or they take they shall fetch timber out of the woods and not to do it with the ruining or tearing down of other stages. Fourthly that according to the ancient custom every ship or fisher that first entereth a harbour in behalf of a ship be Admiral of the said harbour wherein for the time being he shall reserve only so much beach and flakes or both as is needful for the number of boats as he shall use with an overplus only, for one boat more than he needeth as privilege for his first coming and that every ship coming after content themselves with what he shall have necessary use for without keeping or detaining any more to the prejudice of others next coming, and that any that are possessed of several places in several harbours with intent to keep them all before they can resolve upon which of them to choose shall be bound to resolve and send advice to such after comers in those places as expect his resolution and that within forty eight hours if the weather do serve that the said after comers may likewise choose their places and so none receive prejudice by others delays. Fifthly that no person cut out deface or any way alter or change the marks of any boats or train vats whereby to defraud the right owners, and that no person convert to his own use the said boats or train vats so belonging to others without their consents nor remove nor take them. from the places where they be left by the owners, except in case of necessity, and then to give notice thereof to the Admiral and others whereby the right owners may know what is become of them. Sixthly that no person do diminish take away purloin or steal any of the fish or train or salt which is put in casks train vats or cookrooms or other house in any of the harbours or fishing places of the country or any other provision belonging to the fishing trade or to the ships. Seventhly that no person set fire on any of the woods of the country or work any detriment or destruction to the same by rinding of the trees either for the sealing of ships holds or for rooms on shore or for any other uses except for the covering of the roofs for cookrooms to dress their meat in and those rooms not to extend above sixteen feet in length at the most. Eightly that no man cast anchor or ought else hurtful which may breed annoyance or hinder the haling of seins for bait in places accustomed thereunto. Ninthly that no person rob the nets of others out of any drift boat or drover for bait by night nor take away any bait out of their fishing boats by their ships sides nor rob or steal any of their nets or any part thereof. Tenthly that no person do set up any tavern for selling of wine beer strong waters cider or tobacco to entertain the fishermen because it is found that by such means they are debauched neglecting their labours and poor ill governed men not only spent most part of their shares before they come home upon which the life and maintenance of their wives and children depend but are likewise hurtful in divers other ways as by neglecting and making themselves unfit for their labour by purloining and stealing from their owners, and by making unlawful shift to supply their disorders which disorders they frequently follow since those occasions have presented themselves. Eleventhly that upon the Sundays the Company assemble in meet places and have divine service to be said by some of the masters of the ships or some others which prayers shall be such as are in the Book of Common Prayer. And moreover and further then was ordained by the laws of our said late father and for the encourage

ment of our subjects in the said Newfoundland and in the seas adjoining, and for the benefit of the said trade there we do hereby straightly charge prohibit and forbid all and every the owners of ships trading in the said Newfoundland fishery that they nor any of them do carry or transport or permit or suffer any person or persons to be carried or transported in their or any of their ships to the said Newfoundland other than such as are of his or their own or other ships Company or belonging thereunto and are upon the said ships hire and employment or such as are to plant and do intend to settle there. And because that speedy punishment may be inflicted upon the offenders against the laws and constitutions aforesaid We do ordain as was formerly ordained by our said late father that every of the mayors of Southton, Weymouth and Melcombe Regis Lyme Plymouth Dartmouth Eastlowe Foy and Barnstaple for the time being may take cognizance of all complaints made by any offenders against any of the laws or ordinances aforesaid upon the land and by oath of witnesses examine the truth thereof and award amends to the parties grieved and punish the delinquents by fine and imprisonment or either of them and of their goods found in the parts of Newfoundland or in the sea cause satisfaction thereof to be made by Warrants under their hands and seals, And the Vice-Admirals in our Counties of Southton Dorset Devon and Cornwall upon complaint made of any of the premises committed upon the sea shall speedily and effectually proceed against the offenders Also we will and ordain that these laws and ordinances shall stand in force and be put in due execution until we shall otherwise provide and ordain And we do require the Admiral in every harbour in this next season ensuing calling together such as shall be in that harbour publicly to proclaim these presents and that they also proclaim the same on the shore In Witness &c Witness our self at Westminster the six and twentieth day of January.

514

PER IPSUM REGEM

No. 3.-1660: British Statute, 12 Charles II, Cap. 18.

AN ACT For the Encouraging and 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;" (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 thence forward, no goods or commodities whatsover shall be inported into or exported out of any lands, islands, plantations or territories to His Majesty belonging or in his possession, or which may hereafter belong unto or be in 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 be 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 built of and belonging to any of the said lands, islands, planta

tions or territories, as the proprietors and right owners thereof, and whereof the Master and three fourths of the Mariners at least are English; (3) 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 essoin, protection or wager of law shall be allowed; (4) 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; 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 moiety 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 moiety to the use of his Majesty, his heirs and successors.

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 free 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, 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 Majesty's Courts in the Plantation where such offence shall be committed: (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 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: (4) And upon complaint and proof made before his Majesty, his heirs or successors, or such as shall be by him or them thereunto authorised 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 and 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 at least of the mariners are English; (2) 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 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.

515 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 other places or countries; (2) 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 also of the ship in which they were imported, with all her guns, furniture, ammunition, tackle, and apparel; one moiety to his Majesty, his heirs and successors, and the other moiety to him or them that shall seize, inform or sue for the same in any Court of Record, to be recovered as is before expressed.

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V. And it is further enacted by the authority aforesaid, That any sort of ling, stockfish, pilchard, or any other kind of dried or salted fish, usually fished for and caught by the people of England, Ireland, Wales, or town of Berwick upon Tweed, or any sort of cod-fish or herring, or any oil or blubber made or that shall be made of any kind 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 and dried, and the oil and blubber aforesaid (which shall be accounted and pay as oil) 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.

VI. 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 loden and carried in any bottom or bottoms, ship or ships, vessel or vessels whatsoever, whereof any stranger or strangers-born (unless such as shall be denizens or naturalised) 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 kind 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 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 moiety to his Majesty, his heirs and successors, and the other moiety to him or them that shall inform, seize or sue for the same in any Court of Record, to be recovered in manner aforesaid.

VII. And it is further enacted by the authority aforesaid, that where any ease, abatement or privilege 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 and 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; (2) and that 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.

VIII. 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 of the countries, dominions or territories to the Great Duke or Emperor of Muscovy, or Russia belonging, as also that no sort of masts, timber or boards, no foreign salt, pitch, tar, rosin, hemp or flex, raisins, figs, prunes, olive-oils, no sorts of corn or grain, sugar, pot-ashes, wines, vinegar or spirits called Aqua-vitæ, or brandy-wine, shall from and 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 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 of the countries, 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 year of our Lord one thousand six hundred sixty-one. be imported into any the afore-mentioned places in any ship or vessel, but which is of English-built, and navigated, as aforesaid, and in no other, except only such foreign 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 only 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 country or place, under the penalty and forfeiture of ship and goods, to be disposed and recovered as in the foregoing clause.

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