presume Contrary to this Act and the true intent and meaning thereof directly or indirectly either in person or estate willfully to wrong disturbe trouble or molest any person whatsoever within this Province professing to beleive in Jesus Christ for or in respect of his or her religion or the free exercise thereof within this Province other than is provided for in this Act that such person or persons soe offending, shalbe compelled to pay trebble damages to the party soe wronged or molested, and for every such offence shall also forfeit 20 sterling in money or the value thereof

Or if the partie soe offending as aforesaid shall refuse or bee unable to recompense the party soe wronged, or to satisfy such ffyne or forfeiture, then such Offender shalbe severely punished by publick whipping & imprisonment during the pleasure of the Lord proprietary, or his Leiuetenant or cheife Governor of this Province for the tyme being without baile or maineprise.

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No. 15. First Navigation Act

1660

UNDER the early colonial charters, the American colonies were generally exempted, either wholly or for a term of years, from the operation of the various acts for the regulation of trade then in force. The activity of the Dutch, however, gradually secured to that nation the virtual control of the colonial carrying trade. To regain this trade for the English, Parliament, in 1645, passed the first of a long series of acts and ordinances commonly spoken of collectively as the Navigation Acts. The ordinance of 1645 prohibited the importation into England, in other than English vessels manned by English seamen, of whale oil and other products of the whale fisheries. An ordinance of the following year restricted the foreign trade of the colonies to English bottoms. In 1649 the importation into England, Ireland, "or any of the dominions thereof," of French wines, wool, and silk was prohibited. In 1650, Virginia and certain of the West India colonies, where opposition to Puritanism had broken out, were declared to be in rebellion; and in order "to hinder the carrying over of any such persons as are enemies to this Commonwealth, or that may prove dangerous to any of the English plantations in America," foreign vessels were forbidden to trade with the colonies, save under license from Parliament or the Council of State. An act of 1651 embodied "a policy of coercion pure and simple," forbidding the importation of products of Asia, Africa, or America into Great Britain or the British colonies except in British or colonial vessels;

restricting the importation of European products to British vessels, or vessels of the country where the goods were produced or of the port from which they were usually shipped; limiting the trade in fish to British or colonial vessels; and excluding foreign vessels from the English coasting trade. The act of 1660, usually known as the First Navigation Act, embodied, in more systematic form, the important provisions of earlier acts, with the object of protecting both English and colonial shipping, and exploiting the colonial trade for the benefit of the mother country. the act was passed by the Convention Parliament, it was confirmed in 1661 by the first Parliament, known technically as the thirteenth, regularly assembled after the restoration of Charles II.

As

REFERENCES. Text in Statutes of the Realm, V., 246-250. The act is cited as 12 Car. II., c. 18. On the history and effects of the Navigation Acts, as touching America, see Beer's Commercial Policy of England towards the American Colonies, in Columbia Coll. Studies, III., No. 2.

AN ACT for the Encourageing and increasing of Shipping and Navigation.

[I] 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 . . . That from and after . . . [December 1, 1660] . . ., 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

1 Question having arisen in regard to the definition of English built ships and English mariners in this act, these terms were further defined by an act of 1662, 14 Car. II., c. 11, sect. 5: "And that no Forreign built Ship (that is to say) not built in any of His Majesties Dominions of Asia Africa or America or other then such as shall (bona fide) be bought before . . . [October 1, 1662,] . . .

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.

[III.] And it is further Enacted . . . that noe Goods or Commodityes whatsoever of the growth production or manufacture of Africa Asia or America or of any part thereof . . . 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. . . .

[IV.] And it is further Enacted . . . 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 next ensuing and expresly named in the said List shall enjoye the priviledge of a Ship belonging to England or Ireland although owned or manned by English (except such Ships only as shall be taken at Sea by Letters of Mart or Reprizal and Condemnation made in the Court of Admiralty as lawfull Prize) but all such Ships shall be deemed as Aliens Ships . . . it is to be understood that any of His Majesties Subjects of England Ireland and His Plantations are to bee accounted English and no others. . -ED.

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. . .

[VI.] [Foreign vessels excluded from the English coasting trade.]

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*

[VIII.] And it is further Enacted . That noe Goods or Commodityes of the Growth Production or Manufacture of Muscovy or of any the Countryes . . . 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 1] of Corne or Graine Sugar Pot-ashes Wines Vinegar or Spirits called Aqua-vite or Brandy Wine shall from and after . . . [April 1, 1661]... 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 . . . to the Othoman or Turkish Empire belonging shall from and after . . . [September 1, 1661] . . . 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 2] place under the penalty and forfeiture of Ship and Goods.

[XVIII.] And it is further Enacted . . . That from and after .. [April 1, 1661] . . . noe Sugars Tobaccho Cotton Wool Indicoes Ginger Fustick or other dyeing wood of the Growth Pro

1 sorts in the original Ms.

2 or in the original Ms.

duction 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 [1] English Plantations as doe belong to His Majesty . . . 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 thereof, as alsoe of the Ship with all her Guns Tackle Apparel Ammunition and Furniture.

That for every Ship or

[XIX.] And be it further Enacted Vessel which from and after . . . [December 25, 1660] . . . shall set saile out of, or from England Ireland Wales or Towne of Berwicke upon Tweede for any English Plantation in 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 . . . That in case the said Ship or Vessel shall loade any of the said Commodityes 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 Commodityes 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 [under penalty of forfeiture of the vessel, &c.]. . . .

1 The Ms. inserts other.