where sufficient British shipping cannot be obtained. But merchandize forced in by stress of weather, or enemies, was exempted from the provisions of the act. This law was confirmed by stat. 32 H. 8. ch. 14.

The policy of these provisions received a check by the 5 and 6 Edw. 6. c. 18. which permitted the importation of the before-mentioned wines and woad in any vessel, and with any master or mariners; and the Acts of 4 Hen. 7. and 5 Rich. 2. were absolutely repealed by the Statute of 1 Eliz. ch. 13.; but as to vessels, the restriction was reimposed by the 5 Eliz. c. 5. s. 11. Several acts about this time, by the imposition of duties upon foreign navigation, enforced the spirit of the British policy: but the only direct provisions were those of the stat. 5 Eliz. c. 5. which forbade the purchase of fish from foreign vessels, in pursuance of the tenor of an act passed in the 33 H. 8. ch. 2. the carliest of those legislative provisions by which the fisheries are considered as connected with navigation. It was by this statute of Elizabeth also that those parts of our present policy were introduced which relate to the coasting trade. The act provided, that no person should cause to be loaden or carried, in any bottom whereof a stranger born was owner, ship-master, or part owner, any kind of fish, victual, wares, or things of what kind or nature soever, from one port or creek of this realm to another port or creek of the same, on pain of forfeiting the goods so laden or carried.

A permission was given to all persons being subjects to export wheat, rye, barley, malt, peas, or beans, when they did not exceed certain prices, into any parts beyond sea, in ships, crayers, or other vessels, whereof English subjects should be the only

owners.

This statute went further than any of those which had preceded it, by forbidding an alien born to become part owner of the vessels employed in the coasting trade; and it continued in force till the conclusion of the reign of Charles the First.

In the mean time, James the First, by some charters and proclamations, enforced the exclusive employment of British shipping in the plantation trade.

The republican parliament of England, in A. D. 1646, encouraged British shipping in the plantation trade by fiscal exemptions; and introduced another of the leading principles in our navigation code, that of confining to the mother country the trade of its colonies and plantations. In 1650, another restriction was laid upon the plantations in general, which has continued in some degree to the present time. It was in these words: the Parliament doth forbid and prohibit all ships of any foreign nation whatsoever to come to, or trade in, or traffic with, any of the English plantations in America, or any islands, ports, or places thereof, which are planted by, and in possession of the people of this commonwealth, without licence first had and obtained from the Parliament or Council of State."

But the most important of all the statutes which passed before the Restoration, was the famous Act of Navigation, passed by the Parliament on the 9th of October, 1651. As the same provisions were adopted in 12 C. 2. c. 18. it will be unnecessary here to state them. The origin of this statute has been ascribed by some to the pique of an individual, (see Ludlow's Memoirs, vol. 1. p. 345;) by others, to the general jealousy entertained by this nation against the Dutch, (Reeves on Shipping, 53.) Be this as it may, the object it had in view was, to wrest from that opulent and commercial republic the carrying trade of Europe; and the mode by which it was proposed to accomplish that object was, to hold out peculiar privileges and immunities to the mariners and shipping of Great Britain, and to prohibit, under severe penalties, the communication of these immunities to the shipping and mariners of foreign states. Thus much, at least, is certain, that the government of that day, (which with all its vices and imperfections, was not blind, in many respects, to the true interests of the British empire) foresaw, that the system was well calculated to stimulate Great Britain to avail

herself of all the advantages of her insular situation; and, accordingly, not only zealously enforced the provisions of the ordinance (for so it was termed), but confirmed and maintained them, at the expence of their blood and treasure.-Such, indeed, was the intrinsic excellence of the regulations themselves, that they survived the unconstitutional government to which they owed their birth; and immediately on the restoration we find them adopted by the wise and virtuous statesmen, who, for a short time, were the advisers of Charles the Second. Nor is it a slight criterion of their real merit, that they now hold their place in our Statute Book, surrounded by those acts, to which we owe the re-establishment of the laws and liberties of our country. The principal provisions of this celebrated statute, now called, by way of eminence, the Navigation Act, as far, at least, as they related to the intercourse between this country and the rest of Europe, were, "That no sort of mast, timber, or boards; no foreign salt, pitch, tar, rosin, hemp or flax, raisins, figs, prunes, olive-oils; no "sorts of corn, grain, sugar, potashes, wines, vinegars, spirits called aqua vitæ, or "brandy wine, should be imported into England, Ireland, and Wales, in any ship or "ships, vessel or vessels whatsoever, but such as did, truly and without fraud, belong "to the people thereof, or some other of them, as the true owners and proprietors "thereof, and whereof the master, and three-fourths of the mariners, at least, were English." Exceptions, however, were made, in favour of the vessels of certain states that imported the produce of their own countries; but, about two years afterwards, foreign ships, British owned, were subject to the payment of aliens' duties.. This general observation is applicable to all the subsequent acts relative to British navigation, that however the great statesmen, who, at different periods, have governed this country, may have differed, as they frequently have, from each other, on many leading and essential points of political economy;-in this one point they have all concurred; in this one, the policy of all parties has been uniform and unvarying, viz. to confine the immunities of our trade, as far as was compatible with the extent of it, to the shipping and mariners of Great Britain.

If we look back to the state of our navigation and trade in 1660, we shall not be surprized, that many years elapsed before the ship-building of this country was sufficiently advanced, to authorise the legislature to confine these privileges exclusively to British vessels. Under the auspices, however, of his present Majesty, it appeared that the period was at length arrived, when the seal might be set to this favoured object of national policy, and the whole system of our navigation laws seemed ultimately crowned, consummated, and brought to perfection, by the statute 26 Geo. 3. passed in 1786, usually termed "The Registry Act."

The statute of Charles the Second confined our European trade to British owned ships; that of George the Third, to ships built within the King's dominions; because, as it is expressed in the preamble of the latter statute," the legislature was desirous "that the advantages hitherto given to ships owned and navigated by his Majesty's "subjects, should henceforth be confined to ships built and fitted out in his Majesty's "dominions."

We will first point out the enactments of the three leading acts relative to British navigation, viz. the great Navigation Act, 12 C. 2. 18.; the Registry Act, 26 Geo. 3. c. 60.; and 34 Geo. 3. c. 68. We will then examine the different provisions of these subsequent acts connected with the subject, and the decisions upon them.

No goods shall be imported f.om the

ons, but in English ships.

5 El. c. 5.

Penalty

6

STATUTE 12 CAR. 2. c. 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;' Be it enacted by the King's most Plantati 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 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, any of the said lands, islands, plantations, or territories, as the proprietors and right owners thereof, and whereof the master and threefourths of the mariners at least are English; under the penalty of the forfeiture and explained 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 c.11. sec.5. with all its guns, furniture, tackle, ammunition, and apparel; one third thereof part 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; 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 authorised 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 procceded 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

by 13 & 14 Car. 2.

Aliens

shall not the occu

exercise

pation of merchants

in the Plantations.

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 or 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 sixty one, exercise the trade or occupation of a or factors merchant or factor in any of 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 Majesty's courts in the plantation where such offence shall be committed: And all governors of the said lands, islands, plantations or territories, and &c. of every of them, are hereby strictly required and commanded, and all who hereafter Plantatike shall be made governors of any such islands, plantations or territories, by his Majesty, an oath for his heirs or successors, shall before their entrance into their government take a solemn vation of oath, to do their utmost, that every the aforementioned clauses, and all the matters

Governors,

ons to

the obser

clauses.

and things therein contained, shall be punctually and bona fide observed according to the afore the true intent and meaning thereof: And upon complaint and proof made before his mentioned Majesty, his heirs or successors, or such as shall be by him or them thereunto autho- Explained rized and appointed, that any the said governors have been willingly and wittingly forced by negligent in doing their duty accordingly, that the said governor so offending shall be 7 & 8 w. 3. removed from his government.

and en

c.22. sec.4.

of thrown

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, For the im or of the lands, islands, plantations or territories in Asia, Africa, or America, to his portation Majesty belonging, as the proprietors and right owners thereof, and whereof the silk, see master, 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 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.

sess. I. c. 9.

of foreign

growth or

tures shall

land, &c, ia

only from

IV. And it is further enacted by the authority aforesaid, That no goods or com- No goods modities 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 manufac of Berwick upon Tweed, in English built shipping, or other shipping belonging to be brought some of the aforesaid places, and navigated by English mariners, as aforesaid, shall be into Eng shipped or brought from any other place or places, country or countries, but only from English those of the said growth, production, or manufacture, or from those ports where the ships, but said goods and commodities can only, or are, or usually have been, first shipped for the places transportation, and from none other places or countries; under the penalty of the of their forfeiture of all such of the aforesaid goods as shall be imported from any other place growth. 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; sect. 12. as one moiety to his Majesty, his heirs and successors, and the other moiety to him or can drugs. them that shall seize, inform, or sue for the same, in any Court of Record, to be recovered as is before exprest.

Altered by 7 Ann. c. 8.

to Ameri

&c. oil,&c.

&c. im

vessels by

V. And it is further enacted by the authority aforesaid, That any sort of ling, All ling, stock-fish, pilchard, or any other kind of dried or salted fish, usually fished for and stock-ish, caught by the people of England, Ireland, Wales, or town of Berwick upon Tweed; whale-fius, 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 im- caught ported into England, Ireland, Wales, or town of Berwick upon Tweed, not having the propri been caught in vessels truly and properly belonging thereunto as proprietors and right etors themowners thereof, and the said fish cured, saved, and dried, and the oil and blubber shall pay 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.

selves, &c.

double ali

ens custom.

strangers

VI. And be it further enacted by the authority aforesaid, That from henceforth it Protestant shall not be lawful to any person or persons whatsoever, to load, or cause to be are exceptloaden and carried in any bottom or bottoms, ship or ships, vessel or vessels what- ed by 10 &

13. and the

chovies,

by sect. 14..

11 W. 3. soever, whereof any stranger or strangers-born (unless such as shall be denizens or c. 24. sect. naturalized) be owners, part-owners, or master, and whereof three fourths of the importati- mariners at least shall not be English, any fish, victual, wares, goods, commodities, or on of an- things, of what kind or nature soever the same shall be, from one port or creek of &c. pro- England, Ireland, Wales, islands of Guernsey or Jersey, or town of Berwick upon vided for Tweed, to another port or creek of the same, or of any of them; under penalty for No goods every one that shall offend contrary to the true meaning of this branch of this or carried present act, to forfeit all such goods as shall be loaden and carried in any such ship or from one vessel, together with the ship or vessel, and all her guns, ammunition, tackle, furniture, England to 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 of any alien be recovered in manner aforesaid.

to be faded

part of

the vessel

not denizened, &c.

of Rates to

three parts

VII. And it is further enacted by the authority aforesaid, That where any ease, 1 Salk.223. abatement, or privilege, is given in the Book of Rates to goods or commodities imAbatement ported or exported in English built shipping, that is to say, shipping built in England, in the Book Ireland, Wales, islands of Guernsey or Jersey, or town of Berwick upon Tweed, or in extend only any the lands, islands, dominions, and territories, to his Majesty in Africa, Asia, or where America belonging, or in his possession, that it is always to be understood and of the mari- provided, that the master, and three fourths of the mariners of the said ships at least be also English; and that where it is required that the master and three fourths of the English. 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.

ners be

Goods of

or mang

or Russia.

by 13 & 14

Car. 2. c.

5 Mod. 193.

VIII. And it is further enacted by the authority aforesaid, That no goods or comthe growth modities of the growth, production, or manufacture of Moscovy, or of any the facture of countries, dominions, or territories to the Great Duke or Emperor of Muscovy or Muscovy Russia belonging, as also that no sort of masts, timber, or boards, no foreign salt, Explained pitch, tar, rosin, hemp or flax, raisins, figs, prunes, olive oils, no sorts of corn or grain, sugar, pot-ashes, wines, vinegar, or spirits called aqua-vitæ, or brandy-wine, 11. sec. 23. 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 currans 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 of the aforementioned 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.

Turkish

empire.

Frauds in 'aliens'

İX. Provided always, and be it hereby enacted by the authority aforesaid, That, concealing for the prevention of the great frauds daily used in colouring and concealing of aliens goeds, how goods, all wines of the growth of France or Germany, which, from and after the twentieth day of October, one thousand six hundred and sixty, shall be imported

vented.

3