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American
History Leaflets

COLONIAL AND CONSTITUTIONAL.

EDITED BY

ALBERT BUSHNELL HART AND EDWARD CHANNING
OF HARVARD UNIVERSITY.

NO. 19.

JANUARY, 1895.

EXTRACTS FROM THE NAVIGATION

ACTS. 1645-1696.

NEW YORK

A. LOVELL & COMPANY

1895.

Entered at the New York Post Office as second class matter.
COPYRIGHT, 1895, BY A. LOVELL & COMPANY.

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American History Leaflets.

COLONIAL AND CONSTITUTIONAL.

No. 19.-JANUARY, 1895.

EXTRACTS FROM THE NAVIGATION
ACTS, 1645–1696.

This number contains the more important portions of the acts passed for the regulation of British trade in the seventeenth century. The act of 7th and 8th William III. substantially completed the system as far as the colonies were concerned, as the later navigation acts were devoted to the somewhat illusory attempt of perfecting the machinery to prevent evasions of these acts. Besides these general Navigation Acts there were many acts designed to regulate the colonial trade in some specific commodity. It is hoped to give in a later number extracts from some of them.

These extracts are taken from Scobell's Ordinances, edition of 1658, and from the Statutes of the Realm, printed in 1810-24 under the direction of the Royal Record Commission. The notes to these latter extracts show the different readings of the several MSS. The letter "O" refers to the original MS. from which the enrolled statute was prepared—the latter being followed in the text of the work.

The acts of each session of Parliament are combined into one statute and cited as the statute passed in a certain year of the reign of the monarch, each act forming a chapter. In the case of Charles II., the years of his reign were enumerated from the day of his father's death. In this way the First Navagation Act, passed in 1660, stands on the statute book as the 12th Charles II., chapter 18. As it was passed by a Parliament which had not

been summoned in a regular manner, it was confirmed at the first session of the first regularly summoned Parliament.

For further information on this topic, see MacPherson, Annals of Commerce; McCulloch, A Dictionary, Geographical, Statistical, etc.; Bernard, Letters on Trade; Beer, Commercial Policy of England; Channing, The Navigation Acts in American Antiquarian Society, Proceedings, 1889.

1645, MAY 6. THE ORDINANCE OF 1645.

ANNO 1645, CAP. 53-The importation of Whale-Oyl, Fins, or Gils, but by Ships set forth from hence, and by English Subjects prohibited.

The Lords and Commons assembled in the high Court of Parliament of England, taking into consideration, that nothing more enricheth this Kingdome then commerce, whereby the navigation thereof is much increased, especially in Fishing Voyages, and therefore ought to be incouraged. Upon the humble Petition, presented from the fellowship of Merchants of England, for discovery of new Trades Adventurers to Greenland: shewing, That they were the first discoverers of that Countrey, and for many years successively have maintained the Fishing there, which hath been a great increase of many Sea-men, and many Ships yearly employed, to the great benefit of this Kingdome. But of late years have been much prejudiced, for that great quantities of Whale-Oyl of Strangers Fishing, are permitted to be imported into this Kingdom more then it can spend. By means whereof the said Petitioners, and others his Majesties Subjects trading thither, have not vent for theirs: Which without some speedy prevention will disable them from continuing their Fishings into those parts, to the hazard of the loss of that Countrey unto Strangers (so long desired by them) being Subject to the Crown of England. And likewise taking into consideration, That in other Kingdomes and States the importation of Whale-Oyl and Fins are not permitted to any, but the Subjects of those Kingdomes and States of their own Fishing, do therefore Order and Ordain,

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That no Whale-Oyl, nor Fins, nor Gils, commonly called Whale-bone, either wrought or unwrought, shall hereafter be imported into any Port, Haven, or Creek of this Kingdome from any Foreign parts whatsoever, other then what are immediately fished in Greenland by the Subjects of this Kingdome, and in Ships set out from hence, under penalty of confiscation. And all Customers, Comptrollers, Searchers, Waiters, and all other Officers in their several and respective Places, are hereby required to attend the due execution thereof, and not to permit or suffer any WhaleOyl, nor Fins, nor Gils, as aforesaid, to be imported into this Kingdome, or colourably customed for any other Goods or Merchandize, but that they do forthwith seize and take the same into their custody, one Moyety for the use and benefit of the State, and the other Moyety for the said Fellowship towards their charges. And all Justices of the Peace, Mayors, Bayliffs, Sheriffs, Constables, Headboroughs, and all other his Majesties Officers in their several and respective Places, are hereby commanded and required to be aiding and assisting therein, as they will answer the contrary at their perils.-Scobell, Ordinances, Part I., p. 92.

1646, JAN. 23. THE ORDINANCE OF 1646. ANNO 1646, CAP. 70.-Priviledges granted to several Foreign Plantations.

Whereas the several Plantations in Virginia, Bermudas, Barbados, and other places of America have been much beneficial to this Kingdome by the increase of Navigation, and the Customs arising from the commodities of the growth of those Plantations imported into this Kingdome have been, and are beneficial, that all such as have traded there (for their better encouragement) have used to transport from hence thither Merchandizes, Goods, and necessaries for the better carrying on of the said Plantations, without paying any custom for any Goods so exported from hence thither: The Lords and Commons assembled in Parliament, for the better advancment of the said Plantations, and encouragement of the Adventurers to the same, have Ordained, and be

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