Charles II, 1667 & 1668: An Act to make Prize Ships free for Trade

Pages 628-629

Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.

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Foreign-built Ships belonging to Englishmen, &c. taken in the late Wars, or that may be taken, and condemned by the Admiralties, may enjoy the Benefit of English-built Ships.

Whereas by several Acts of Parliament heretofore and of late past it appeares how great encouragementhath been given unto Trade and care taken that the Manufacture of Shipping be preserved and increased hath been given unto Trade and care taken that the Manufacture of Shipping be preserved and increased throughout your Majesties whole Kingdoms Dominions and Territories both conducing soe much to the Wealth Increase of Mariners and Strength of your Dominions By reason of some of which Acts at this time and after this late Warr when your Majesties Subjects in your severall Ports have lost some of theire owne English built Shipps and taken many Dutch Dane and French they cannot make use in Trade of those Vessells taken as Prizes in the late War though lawfully condemned in your Admiralties of England and Ireland or in the Admiralties of your Forreign Plantations and in the possession of your said Subjects Be it therefore enacted by the Kings most excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the authority of the same That all Forreigne built Ships which really and bona fide do or shall onely belong to his Majesties Subjects of the Kingdome of England or Ireland Dominion of Wales or Town of Berwick upon Tweed and which have during the late Warr in the places where now the Peace hath concluded it or shall be taken in the places yet in Hostility as Prizes within the severall times prescribed in the several places mentioned in the late Articles of Peace with the French King and the King of Denmarke and the States General of the United Netherlands and have or shall be adjudged Prizes within the respective Admiralties of his Majesties Kingdomes of England or Ireland or in any of the Admiralties in his Majesties Territories or Plantations abroad shall bee deemed adjudged and taken to bee and shall from time to time enjoye the benefitt of free Ships belonging to the Kingdomes of England and Ireland Dominion of Wales and Town of Berwick upon Tweed respectively and shall export and import Goods Wares and Merchandize as freely and to all intents and purposes as Forreign built Ships [that (fn. 1) ] did belong to the Kingdom of England before the First day of April One thousand six hundred sixty and one might then have done and not in any other manner Any Law Statute or Usage to the contrary notwithstanding

II. Owners to take an Oath that no Foreigner hath any Interest therein. and to produce Adjudication

Provided neverthelesse That the Owner or Owners and Proprietors of the said Ships shall take an Oath at or before the First day of August next ensuing or within three monthes after such Ship shall be taken and adjudged Prize before the Officers of his Majesties Customes of the Port next to the place of theire abode (which Oath the said Officers have hereby power to administer) That they are the true and lawfull Owners & Proprietors of the said Forreign built Ships respectively And that no Forreigner [nor (fn. 2) ] Alien directly or indirectly have any part share or interest therein And that he or they produce the Adjudication and Condemnation of the said Shipp as taken and made Prize during the late War as aforesaid by one of the before mentioned Admiralties

III. Certificate by Officer of such Ships and Register.

Duplicate thereof, according as Ships shall belong to England, &c. to be returned to Customs at London, Dublin, and Plantations. Officers at Dublin and in the Plantations to return Certificate of Oath, &c to Customs at London to be returned into the Exchequer.

And be it further enacted That all such Officers of the Customes before whom such Oath shall be soe made shall from time to time give Certificates under their respective Hands and Seales belonging to theire respective Offices to such person or persons as shall demand the same of all such Forreigne built Ships and shall keepe a Register of the said Ships and shall within two monthes next after such Oath so made return a Duplicate thereof to the cheife Officers of the Customes at London for all such Ships as doe soe belong to any Port or place within the Kingdome of England Dominion of Wales and Town of Berwick upon Tweed and to the cheife Officers at the Port of Dublin for all such Ships as shall belong to the Kingdom of Ireland and to the cheife Officers in the cheife Ports of any of his Majesties Plantations for all such Ships as shall belong to any of the said Plantac[i]ons abroad the said cheife Officers at the Port [of (fn. 3) ] Dublin and in the several Ports of the several Planta[i]cons being within two monthes next after such Oath so made to returne Certificates thereof unto the cheife Officers of the Customes att London togeather alsoe with the Names of all such persons as are the Owners of such respective Ships to the end such Certificates or Duplicates may and shall be returned into his Majesties Court of Exchequer in England there to remain upon Record

IV. Proviso respecting Two Ships called the Margaret and John, and Francis.

[Provided neverthelesse and bee it enacted by the authority aforesaid That the Shipp or Galliott Hoy (Flemish [buit (fn. 4) ] called the Margarett and the Ship or Barque called by the Name of John and Francis Flemish built both belonging to the Port of Boston being Vessels bought and brought into the said Port before the Conclusion of the late Peace or his Majesties Proclamation for Peace are hereby made free Ships and Vessels and are to be so deemed taken and judged and shall have liberty to trade as the Ships mentioned in this Act taken and adjudged Prize in his Majesties several Admiralties as English built Ships Any thing in this Act or any other to the contrary notwithstanding. (fn. 5) ]


  • 1. interlined on the Roll.
  • 2. or O.
  • 3. at O.
  • 4. built O.
  • 5. annexed to the Original Act in a separate Schedule.