The Navigation Act

Navigation Act of October 9, 1651

[Oct.9,1651.Scobell's Acts of Parliament,pt.ii,p.176.See Commonwealth and Protectorate,ii.147.]

[Cap.22.]Goods from Foreign parts by whom to be imported.

For the increase of the shipping and the encouragement of the navigation of this nation, which under the good providence and protection of God is so great a means of the welfare and safety of this Commonwealth: be it enacted by this present Parliament, and the authority thereof, that from and after the first day of December, one thousand six hundred fifty and one, and from thence forwards, no goods or commodities whatsoever of the growth, production or manufacture of Asia, Africa or America, or of any part thereof; or of any islands belonging to them, or which are described or laid down in the usual maps or cards of those places, as well of the English plantations as others, shall be imported or brought into this Commonwealth of England, or into Ireland, or any other lands, islands, plantations, or territories to this Commonwealth belonging, or in their possession, in any other ship or ships, vessel or vessels whatsoever, but only in such as do truly and without fraud belong only to the people of this Commonwealth, or the plantations thereof, as the proprietors or right owners thereof; and whereof the master and mariners are also for the most part of them of the people of this Commonwealth, under the penalty of the forfeiture and loss of all the goods that shall be imported contrary to this act; as also of the ship (with all her tackle, guns and apparel) in which the said goods or commodities shall be so brought in and imported; the one moiety to the use of the Commonwealth, and the other moiety to the use and behoof of any person or persons who shall seize the goods or commodities, and shall prosecute the same in any court of record within this Commonwealth.

And it is further enacted by the authority aforesaid, that no goods or commodities of the growth, production, or manufacture of Europe, or of any part thereof, shall after the first day of December, one thousand six hundred fifty and one, be imported or brought into this Commonwealth of England, or into Ireland, or any other lands, islands, plantations or territories to this Commonwealth belonging, or in their possession, in any ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong only to the people of this Commonwealth, as the true owners and proprietors thereof, and in no other, except only such foreign ships and vessels as do truly and properly belong to the people of that country or place, of which the said goods are the growth, production or manufacture; or to such ports where the said goods can only be, or most usually are first shipped for transportation; and that under the same penalty of forfeiture and loss expressed in the former branch of this Act, the said forfeitures to be recovered and employed as is therein expressed.

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 this Commonwealth in shipping belonging to the people thereof, shall be by them shipped or brought from any other place or places, country or countries, but only from those of their 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 none other places or countries, under the same penalty of forfeiture and loss expressed in the first branch of this Act, the said forfeitures to be recovered and employed as is therein expressed.

And it is further enacted by the authority aforesaid, that no sort of cod-fish, ling, herring, pilchard, or any other kind of salted fish, usually fished for and caught by the people of this nation; nor any oil made, or that shall be made of any kind of fish whatsoever, nor any whale-fins, or whale-bones, shall from henceforth be imported into this Commonwealth or into Ireland, or any other lands, islands, plantations, or territories thereto belonging, or in their possession, but only such as shall be caught in vessels that do or shall truly and properly belong to the people of this nation, as proprietors and right owners thereof;and the said fish to be cured, and the oil aforesaid made by the people of this Commonwealth, under the penalty and loss expressed in the first branch of this present Act; the said forfeit to be recovered and employed as is there expressed.

And it is further enacted by the authority aforesaid, that no sort of cod, ling, herring or pilchard, or any other kind of salted fish whatsoever, which shall bo caught and cured by the people of this Commonwealth, shall be from and after the first of February, one thousand six hundred fifty three, exported from any place or places belonging to this Commonwealth, in any other ship or ships, vessel or vessels, save only in such as do truly and properly appertain to the people of this Commonwealth, as right owners; and whereof the master and mariners are for the most part of them English, under the penalty and loss expressed in the said first branch of this present Act; the said forfeit to be recovered and employed as is there expressed.

Provided always, that this Act, nor anything therein contained, extend not, or be meant to restrain the importation of any of the commodities of the Straits[2] or Levant seas, laden in the shipping of this nation as aforesaid, at the usual ports or places for lading of them heretofore, within the said Straits or Levant seas, though the said commodities be not of the very growth of the said places.

Provided also, that this Act nor anything therein contained, extend not, nor be meant to restrain the importing of any East India commodities laden in the shipping of this nation, at the usual port or places for lading of them heretofore in any part of those seas, to the southward and eastward of Cabo Bona Esperanza, 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 this Commonwealth, in vessels or ships to them belonging, and whereof the master and mariners are of this nation as aforesaid, to load and bring in from any of the ports of Spain and Portugal, all sorts of goods or commodities that have come from, or any way belonged unto the plantations or dominions of either of them respectively.

Be it also 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 laden and carried in any bottom or bottoms, ship or ships, vessel or vessels, whatsoever, whereof any stranger or strangers born (unless such be denizens or naturalized) be owners, or masters, any fish, victual, wares, or things of what kind or nature soever the same shall be, from one port or creek of this Commonwealth, to another port or creek of the same, under penalty to every one that shall offend contrary to the true meaning of this branch of this present Art, to forfeit all the goods that shall be so laden or carried, as also the ship upon which they shall be so laden or carried, the same forfeit to be recovered and employed as directed in the first branch of this present Act.

Lastly, that this Act nor anything therein contained, extend not to bullion, nor yet to any goods taken, or that shall be taken by way of reprisal by any ship or ships, having commission from this commonwealth.

Provided, that this Act, or anything therein contained, shall not extend, nor be construed to extend to any silk or silk wares which shall be brought by laud from any part of Italy, and there bought with the proceed of English commodities, sold either for money or in barter: but that it shall and may be lawful for any of the people of this Commonwealth to ship the same in English vessels from Ostend, Nieuport, Rotterdam, Middelburg, Amsterdam, or any ports thereabouts, the owners and proprietors first making oath by themselves, or other credible witnesses, before the Commissioners of the Customs for the time being or their deputies, or one of the Barons of the Exchequer, that the goods aforesaid were so bought for his or their own proper account in Italy.

Navigation Act of September 13, 1660（Excerpt）

I. (1) 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 kings 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 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 the said lands, islands, plantations, 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. (1) 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 sixty-one, exercise the trade or occupation of a merchant or factor in any 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 Majestys 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 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.

III. (1) 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.

XVIII. (1) 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-wool, indigoes, ginger, fustic, or other dyeing wood, of the growth, production, or manufacture 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 than 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; (2) 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 moiety to the kings Majesty, his heirs and successors, and the other to moiety 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 ession, protection, or wager of law shall be allowed.

XIX. (1) 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 and such port of place from whence the said ship shall set sail, to the value of one thousand pounds, if the ship be of less burden that one hundred tons; and of the sum of two thousand pounds, if the ship shall be of greater burden; that in case the 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 only expected;(2) 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 manner 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 Majestys English plantations, or to England, Ireland, Wales, or town of Berwick upon Tweed; (3) 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 bonds have been there duly given, shall be forfeited with all her guns, tackle, apparel, and furniture, to be employed and recovered in manner 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.

Navigation Act of April 10, 1696（Excerpt）

Whereas notwithstanding divers acts made for the encouragement of the navigation of this kingdom, . . . great abuses are daily committed to the prejudice of the English navigation, and the loss of a great part of the plantation trade to this kingdom, by the artifice and cunning of ill-disposed persons; for remedy whereof for the future. ……

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II. Be it enacted, . . . that after the five and twentieth day of March, one thousand six hundred and ninety-eight, no goods or merchandises whatsoever shall be imported into, or exported out of, any colony or plantation . . . or shall be laden in, or carried from any one port or place in the said colonies or plantations to any other port or place in the same, the kingdom of England, dominion of Wales, or towns of Berwick upon Tweed, in any ship or bottom but what is or shall be of the built of England, or of the built of Ireland, or the said colonies or plantations, and wholly owned by the people thereof, or any of them, and navigated with the masters and three fourths of the mariners of the said places only (except such ships only as are or shall be taken as prize, and condemnation thereof made in one of the courts of admiralty in England, Ireland, or the said colonies or plantations, to be navigated by the master and three-fourths of the mariners English, or of the said plantations as aforesaid, and whereof the property doth belong to Englishmen; and also except for the space of three years, such foreign built ships as shall be employed by the commissioners of his Majesty's navy for the time being, or upon contract with them, in bringing only masts, timber, and other naval stores for the king's service from his Majesty's colonies or plantations to this kingdom, to be navigated as aforesaid, and whereof the property doth belong to Englishmen), under pain of forfeiture of ship and goods; one third part whereof to be to the use of his Majesty, his heirs and successors, one third part to the governor of the said colonies or plantations, and the other third part to the person who shall inform and sue for the same, by bill, plaint or information, in any of his Majesty's courts of record at Westminster, or in any court in his Majesty's plantations, where such offence shall be committed.……

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IV. Colonial governors were required to take an oath by the Navigation Act of 1660 to enforce the clauses of the Act preceding the oath, but were not “strictly obliged by that oath to put in execution the subsequent clauses of the said act, although some of the clauses following are of great importance, and tend greatly to the security of the plantation trade” and since other laws have been passed since then for regulating and securing the plantation trade, all present and future governors and commanders-in-chief in the colonies must take an oath to do their utmost to enforce all the acts of Parliament relating to the colonies and plantations. If any governor or commander-in-chief neglects to take the oath or is“wittingly or willingly negligent” he shall be removed from office and forfeit one thousand pounds sterling.

V. Whereas by the Navigation Act of 1663 colonial governors were empowered to appoint an officer to carry out provisions of the Act, which officer“is there commonly known by the name of the naval officer” and whereas through connivance or negligence, frauds and abuses have been committed, all such officers must give security to the Commissioner of Customs in England for the faithful performance of their duty. Colonial governors are to be answerable for“offenses, neglects or misdemeanours” of persons appointed by them.

VI. And for the more effectual preventing of frauds, and regulating abuses in the plantation trade in America, be it further enacted by the authority aforesaid, that all ships coming into, or going out of, any of the said plantations, and lading or unlading any goods or commodities, whether the same be his Majesty's ships of war, or merchant ships, and the masters and commanders thereof, and their ladings, shall be subject and liable to the same rules, visitations, searches, penalties, and forfeitures, as to the entering, lading or discharging their respective ships and ladings, as ships and their ladings, and the commanders and masters of ships, are subject and liable unto in this kingdom, by virtue of an act of Parliament made in the fourteenth year of the reign of King Charles the second, entitled, An Act for preventing frauds, and regulating abuses in his Majesty's customs; and that the officers for collecting and managing his Majesty's revenue, and inspecting the plantation trade, in any of the said plantations, shall have the same powers and authorities, for visiting and searching of ships, and taking their entries, and for seizing and securing or bringing on shore any of the goods prohibited to be imported or exported into or out of any the said plantations, or for which any duties are payable, or ought to have been paid, by any of the before mentioned acts, as are provided for the officers of the customs in England by the said last mentioned act made in the fourteenth year of the reign of King Charles the second, and also to enter houses or warehouses, to search for and seize any such goods; and that all the wharfingers, and owners of quays and wharfs, or any lightermen, bargemen, watermen, porters, or other persons assisting in the conveyance, concealment or rescue of any of the said goods, or in the hindering or resistance of any of the said officers in the performance of their duty, and the boats, barges, lighters, or other vessels, employed in the conveyance of such goods, shall be subject to the like pains and penalties as are provided by the same act made in the fourteenth year of the reign of King Charles the second, in relation to prohibited or uncustomed goods in this kingdom; and that the like assistance shall be given to the said officers in the execution of their office, as by the said last mentioned act is provided for the officers in England; and also that the said officers shall be subject to the same penalties and forfeitures, for any corruptions, frauds, connivances, or concealments, in violation of any the before mentioned laws, as any officers of the customs in England are liable to, by virtue of the said last mentioned act; and also that in case any officer or officers in the plantations shall be sued or molested for any thing done in the execution of their office, the said officer shall and may plead the general issue, and shall give this or other custom acts in evidence, and the judge to allow thereof, have and enjoy the like privileges and advantages, as are allowed by law to the officers of his Majesty's customs in England.

VII. And it is hereby further enacted, that all the penalties and forfeitures before mentioned, not in this act particularly disposed of, shall be one third part to the use of his Majesty, his heirs and successors, and one third part to the governor of the colony or plantation where the offence shall be committed, and the other third part to such person or persons as shall sue for the same, to be recovered in any of his Majesty's courts at Westminster, or in the kingdom of Ireland, or in the court of admiralty held in his Majesty's plantations respectively, where such offence shall be committed, at the pleasure of the officer of informer, or in any other plantation belonging to any subject of England, wherein no essoin, protection, or wager of law, shall be allowed; and that where any question shall arise concerning the importation or exportation of any goods into or out of the said plantations, in such case the proof shall lie upon the owner or claimer, and the claimer shall be reputed the importer or owner thereof.

VIII. And whereas in some of his Majesty's American plantations, a doubt or misconstruction has arisen upon the before mentioned act, made in the five and twentieth year of the reign of King Charles the second, whereby certain duties are laid upon the commodities therein enumerated (which by law may be transported from one plantation to another for the supply of each others wants), as if the same were by the payment of those duties in one plantation, discharged from giving the securities intended by the aforesaid acts, made in the twelfth, two and twentieth, and three and twentieth years of the reign of King Charles the second, and consequently be at liberty to go to any foreign market in Europe, without coming to England, Wales, or Berwick; it is hereby further enacted and declared, that notwithstanding the payment of the aforesaid duties in any of the said plantations, none of the said goods shall be shipped or laden on board, until such security shall be given as is required by the said acts, made in the twelfth, two and twentieth and three and twentieth years of the reign of King Charles the second, to carry the same to England, Wales or Berwick, or to some other of his Majesty's plantations, and so toties quoties, as any of the said goods shall be brought to be reshipped or laden in any of the said plantations, under the penalty and forfeiture of ship and goods, to be divided and disposed of as aforesaid.

IX. And it is further enacted and declared by the authority aforesaid, that all laws, by-laws, usages or customs, at this time, or which hereafter shall be in practice, or endeavoured or pretended to be in force or practice, in any of the said plantations, which are in any wise repugnant to the before mentioned laws, or any of them, so far as they do relate to the said plantations, or any of them, or which are any ways repugnant to this present act, or to any other law hereafter to be made in this kingdom, so far as such law shall relate to and mention the said plantations, are illegal, null and void, to all intents and purposes whatsoever.

X. Great frauds have been committed by Scotchmen and others by counterfeiting certificates of security to bring plantation goods to England or Wales; and certificates of having discharged plantation goods in England or Wales or of having loaded European goods in England or Wales, thereby evading transshipment through England. Therefore it is further enacted that when governors or customs officers in the colonies have reasonable suspicion that certificates of having given security in England are false, they shall require sufficient security for discharge in England or Wales. Where there is cause to suspect that the certificate of having loaded plantation goods in Britain is false, such officers shall not vacate the security given in the plantation until they are informed by the customs commissioners in England that the certificate is true. Persons counterfeiting or altering any such certificate or permit or knowingly use such shall forfeit five hundred pounds and the certificate or permit shall be invalid.

XI. And for the better executing the several acts of Parliament relating to the plantation trade, be it enacted by the authority aforesaid, that the Lord Treasurer, Commissioners of the Treasury, and the Commissioners of the Customs in England for the time being, shall and may constitute and appoint such and so many officers of the customs in any city, town, river, port, harbour or creek, of or belonging to any of the islands, tracts of land and proprieties, when and as often as to them shall seem needful; be it further also enacted, that upon any actions, suits, and informations that shall be brought, commenced, or entered in the said plantations, upon any law or statute concerning his Majesty's duties, or ships or goods to be forfeited by reason of any unlawful importations or exportations, there shall not be any jury, but of such only as are natives of England or Ireland, or are born in his Majesty's said plantations; and also that upon all such actions, suits, and informations, the offences may be laid or alleged in any colony, province, county, precinct, or division of any of the said plantations where such offences are alleged to be committed, at the pleasure of the officer or informer.

XII. Provided always, that all places of trust in the courts of law, or what relates to the treasury of the said islands, shall, from the making of this act, be in the hands of the native-born subjects of England or Ireland, or of the said islands.

XIII. By the act of 1670-71, Ireland is left out of the condition of the bonds therein required; that same Act required that prior to loading enumerated goods in the plantation, ships should give bond that all such goods would be carried to another English plantation or to Great Britain. No time limit had been set for returning certificates of proof that goods were discharged as required by the bond, and the sureties for said bonds had often been persons of uncertain and unknown residence, rendering the bonds ineffectual to the intended purposes: it is therefore enacted that in all such bonds hereafter given in the plantations, the sureties are to be persons of known residence and of known ability for the value of the bond. And the condition of the bonds shall be that within 18 months of their date (the danger of the seas expected) certificate be procured that the goods mentioned have been discharged in a proper port.

XIV. Ships carrying American produce have been unloaded in Scotland and Ireland, contrary to existing law, under the pretence they were driven there by weather, lack of provisions, or other cause. After December 1, 1696, it shall be unlawful under any pretext to unload in Scotland or Ireland any goods or merchandise the growth or product of the American plantations unless they have first been landed in England or Wales and the proper duties paid. Penalty to be forfeiture of the ship and goods, with three-fourths to the crown and the other fourth to him or them bringing the action.

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XVI. Persons claiming any right or propriety in any islands or tracts of land upon the continent of America, by charter or letters patent, shall not sell them to any other than natural-born subjects of England, Ireland, Wales, or Berwick without prior consent of the Crown by order in council. Governors nominated or appointed by such proprietors to be approved of by the king and take the oaths required of governors in the king's other colonies, before entering upon the government.

XVII. And for a more effectual prevention of frauds which may be used to elude the intention of this act, by colouring foreign ships under English names;be it further enacted by the authority aforesaid, that from and after the five and twentieth day of March, which shall be in the year of our Lord one thousand six hundred ninety-eight, no ship or vessel whatsoever shall be deemed or pass as a ship of the built of England, Ireland, Wales, Berwick, Guernsey, Jersey, or any of his Majesty's plantations in America, so as to be qualified to trade to, from, or in any of the plantations, until the person or persons claiming property in such ship or vessel shall register the same . . . with proper proof and oath of ownership as herein prescribed.

XVIII. This oath, attested by the governor or custom officer administering it, shall be registered and delivered to the master of the ship, with a duplicate of the register transmitted for entry in the general register of the customs commissioners in London. After March 25, 1698, any ship engaging in trade with the American colonies without such proof shall be liable to such prosecution and forfeiture as any foreign ship (except prizes condemned in the High Court of Admiralty) would be liable to for trading to these plantations.

XIX. Ships taken at sea and condemned as prizes in the High Court of Admiralty to be specially registered, with proper oaths and proof of entire English ownership, before being allowed the privileges of an English built ship.

XX. Provided also, that nothing in this act shall be construed to require the registering any fisher-boats, hoys [coasting vessels], lighters, barges, or any open boats or other vessels (though of English or plantation built) whose navigation is confined to the rivers or coasts of the same plantation or place where they trade respectively, but only of such of them as cross the seas to or from any of the lands, islands, places, or territories, in this act before recited, or from one plantation to another.

XXI. No ship's name registered shall be changed without new registration. Such new registration also is required if ownership is transferred to another port. If there is any change of ownership in the same port, by the sale of one or more shares in any registered ship, this is to be acknowledged by endorsement on the registration certificate before two witnesses, to prove that the entire ownership remains English.

一 文獻出處

S.R. Gardiner,History of the Commonwealth and Protectorate,Vol. Ⅱ. London, 1903.

二 文獻導讀

《航海條例》是英國在歷史上多次頒布，旨在打擊海上貿易對手荷蘭的法律文件。

這一系列條例的最直接影響是引發了素有“海上馬車夫”之稱的海上霸主荷蘭與英國之間長達數十年的三次海上戰爭。最初的條例頒布于1651年，主要內容有：亞洲、非洲和美洲的商品，必須使用英國的船只才準運入英國、愛爾蘭及英國的殖民地；歐洲商品輸入英國、愛爾蘭和英國殖民地，也必須使用英國船只；其他國家制造的產品，必須經由英國本土而不能直接運往英國殖民地銷售；限制殖民地生產與母國英國競爭的產品，例如紡織品和船舶等。

《航海條例》的頒布是有著深刻的歷史背景的。當時的荷蘭在16世紀完成了世界上最早的資產階級革命——尼德蘭革命，進而擺脫了西班牙的殖民統治，迅速發展，到處擴張掠奪，到17世紀上半葉時已經壟斷了海上霸權，殖民地遍布世界各地，典型的就有印度、馬六甲和中國的臺灣等。而英國在16世紀晚期，以1588年擊敗西班牙的無敵艦隊為崛起的標志，撼動了西班牙的海上統治地位，這樣英國成為后起的海軍強國，與17世紀當時的海上霸主荷蘭的矛盾日益尖銳。克倫威爾統治時期，1651年英國政府頒布了直接針對荷蘭的《航海條例》。這些規定嚴重損害了荷蘭的海上利益，引發了英荷第一次戰爭。在戰爭中英國海軍憑借其實力擊潰荷蘭海軍，控制了制海權，這樣使得依賴海外貿易生存的荷蘭經濟蕭條，不得不向英國求和。于是戰爭以英國勝利，荷蘭被迫接受條例結束。到了查理二世時期，1660年英國政府再次頒布《航海條例》，重申了1651年《航海條例》的主要內容，并具體規定某些產品只能運送到英國和愛爾蘭或英國其他殖民地，引發了英荷第二次戰爭。雖然英國因戰敗暫時對《航海條例》有所放寬，但此時其在海上的霸主地位已經基本確立。1696年英國又再次頒布條例，目的在于壟斷英國和殖民地的貿易，并限制殖民地經濟發展。這樣英國通過英荷戰爭直接打擊了當時的海上霸主荷蘭，極大地削弱了荷蘭的貿易和商業優勢，英國開始確立自己的海上霸主地位，從此英國將海軍視為立國之本，不斷發展海軍實力，“日不落帝國”就此奠定基礎。

從內容上看，《航海條例》透露出英國在對外政策方面濃重的重商主義色彩。英國如此看重海上地位的主要原因在于海上的利益爭奪實質上決定了英國本土工商業發展的成敗。在《航海條例》中英國多次申明必須用英國船只運送貨物，這一規定有兩方面顯而易見的益處：第一，促進了英國本土造船業的發展，為造船業創造了長期穩定的壟斷市場；第二，控制了原料的來源，保證殖民地能夠按照英國工商業的需求生產產品。無論是控制市場還是介入運輸環節，英國政府都是為了依靠航海政策取得海上霸權，促進海外貿易和工商業的發展。

《航海條例》的頒布對多方面利益造成影響，其中受損害最大的莫過于荷蘭。最直接的影響是條例引發了英荷間的多次戰爭，損耗了荷蘭本來就不甚豐富的原始資本積累。雖然條例并未對荷蘭的商船隊規模造成太大的沖擊，事實上荷蘭的貿易量在1698~1715年達到頂峰，而且，在那些年月里，荷蘭商船隊的規模仍為英國的兩倍，可能等于法國的九倍，但是，隨著英國勢力范圍的擴大和對市場、原材料控制的加強，荷蘭在全部貿易中所占的份額不斷下降。這對于以海外貿易作為主要經濟來源的荷蘭，無疑是沉重的打擊。國內資源匱乏的荷蘭再也沒有從英荷戰爭失敗的陰影中走出來，海外貿易受阻，大量殖民地丟失，勢力范圍減小，“海上馬車夫”迅速衰落，直接將霸主的地位交給英國。

然而，《航海條例》也使得英國殖民地的經濟受到了極大影響。殖民地在形成外向型經濟的初期，《航海條例》使當地居民在從事出口貿易上享有許多與英國人同樣的優惠條件，減少了殖民地生產的原材料在英國主權領轄范圍內與外部的競爭，這在一定程度上有利于殖民地經濟的發展。但是，英國出于自身利益的考慮，必須保持殖民地處于較低層次的依附狀態，并且滿足本土日益增長的原材料需求。因此1660年英國政府頒布《航海條例》，規定殖民地出產和制造的諸如食糖、煙草、棉花、靛藍以及生姜等商品只能出口到英國。這以后諸如此類的“規定產品”不斷增多，導致殖民地產品結構單一化、初級化，并且長期受到英國的盤剝，嚴重阻礙了殖民地經濟的長期發展。甚至可以說后來北美大陸爆發的獨立戰爭正是源于對《航海條例》中種種不合理的規定產生不滿，特別是《航海條例》中規定的限制殖民地生產同母國英國本土競爭的產品。

英國作為《航海條例》的頒布者與推行者，無疑是最大的獲益方。其一，通過條例打壓了荷蘭，確立了英國的海上霸權地位，也為英國日后擴大勢力范圍和加強對殖民地的控制奠定了基礎。其二，通過不斷頒布的條例，英國獲得了穩定的原材料來源和產品銷售市場，并通過對殖民地產品的倒賣獲得巨額利潤，積累了豐厚的資本。其三，條例還規定歐洲各國商品運往北美，都必須先運到英國，然后再由英國船只運到殖民地，借此切斷了北美殖民地與外界的經濟聯系，壟斷了殖民地的對外貿易，鞏固了英國在殖民地的統治。到19世紀英國在完成了工業革命后，經濟處于世界領先地位，國內市場已經處于飽和狀態，英國的資本家急于商品輸出，迫切要求實現自由貿易，這時候的《航海條例》已經成為英國發展的阻礙，因此到了1849年英國廢除了大部分的《航海條例》，1854年完全廢除。

《航海條例》是霸權主義的體現，是各國間力量不均衡的必然產物，在其影響下，各國在世界市場上的地位逐漸確立下來。《航海條例》使不同國家、地區間經濟發展的差異性逐步擴大，這是英國在之后的幾個世紀中能夠處于世界政治經濟中心地位的重要基礎。同時它也規定了資本主義國家早期原始積累的一種形式。

三 延伸閱讀

Clapham, J. H.,“The Last Years of the Navigation Acts”,The English Historical Review,Vol.25,No.99,1910,pp.480-501.

Clark, G. N.,“The Dutch Missions to England in 1689”,The English Historical Review,Vol.35,No.140,1920,pp.529-557.

Farnell, J. E., “The Navigation Act of 1651, the First Dutch War, and the London Merchant Community”, The Economic History Review, New Series, Vol. 16, No. 3, 1964, pp. 439-454.

Harper, L.A., The English Navigation Laws, Oxford University Press, 1939.

Harper,Lawrence A.,The English Navigation Laws:A Seventeenth-Century Experiment in Social Engineering,New York:Columbia University Press,1939.

Leng, Thomas, “Commercial Conflict and Regulation in the Discourse of Trade in Seventeenth-Century England”,The Historical Journal,Vol.48,No. 4, 2005, pp. 933-954.

Schmidt, Gerhard, “Mediterranean Elements in the British Navigation Act”, Speculum,Vol.22,No.3,1947,pp.342-357.