| The American Prohibitory Act (cited as 16 Geo. III. Cap. 5) was introduced in the House of Commons on 20 November 1775, in an attempt to cut off all trade to and from the American Colonies. According to the transcript of the proceedings in the House of Commons, "His Lordship [Lord North] explained the necessity of restraining the Americans from all trade during the present rebellion, and the justice there would be in immediately taking off the restraint from such Colony wherein it might cease; that the Boston Port Act, and the acts passed last year, being framed upon other grounds and for other purposes, would stand in the way of this operation; that the restraining bills were civil coercions against civil crimes; but we being now at war, the provisions were incapable, and other provisions were necessary. Those provisions he now proposed were such as would be made use of in case of war with any country in the world; but they were framed under such provisoes as might open the door of peace upon its first approach." By establishing a blockade of the American ports, and making it lawful for British ships to capture and confiscate American ships, the Act effectively halted any further attempts for reconciliation between Great Britain and the Colonies. Up until this time, there were many American colonists who advocated achieving a reconciliation with the mother country. But after it became evident that King George III and the British Parliament intended to starve the colonists into submission, the tide of pro-independence fervor increased dramatically. The Act was read before the House of Commons on Tuesday, 02 December. It was again read on the following Friday, the 5th, and then for a third time, following the addition of a number of amendments, on Monday 11 December. A vote was taken after the third reading, and the bill was passed in the affirmative with 112 votes versus 16 votes against it. The bill was then carried to the House of Lords on Tuesday 12 December 1775. A second reading by the Lords took place on Friday, 15 December. The vote was taken, resulting in 48 Content (i.e. in the affirmative) with 30 proxies versus 12 Non-Content (i.e. against) with 7 proxies. Immediately, a formal dissent was lodged by eight of the Lords: Abergavenny, Rockingham, Manchester, Abingdon, Richmond, Ponsonby, Fitzwilliam and Chedworth. The bill, and the amendments, were discussed on the 18th, 19th and 20th, and was finally passed and sent back to the House of Commons to reconsider the Act in light of the amendments. The members of the House of Commons considered the amendments and once again passed the bill in the affirmative on the 21st. The King gave his royal assent to the Act on 22 December 1775. A copy of the Prohibitory Act was sent across the Atlantic to the governor of the colony of Georgia, who immediately sent a copy of the Act to the delegates meeting in the Second Continental Congress in Philadelphia. The Act was first read by the delegates on Thursday, 21 March 1776. The American Prohibitory Act acted as a spark which ignited the fire that led to the delegates meeting in the Second Continental Congress to issue a declaration of the Colonies' independence. |
| An Act to prohibit all Trade and Intercourse with the Colonies of NEW-HAMPSHIRE, MASSACHUSETTS-BAY, RHODE-ISLAND, CONNECTICUT, NEW-YORK, NEW-JERSEY, PENNSYLVANIA, the three lower Counties on DELAWARE, MARYLAND, VIRGINIA, NORTH-CAROLINA, SOUTH-CAROLINA, and GEORGIA, during the continuance of the present rebellion within the said Colonies respectively; for repealing an Act made in the fourteenth year of the reign of his present Majesty, to discontinue the landing and discharging, lading or shipping, of Goods, Wares, and Merchandise, at the Town and within the Harbour of Boston, in the Province of MASSACHUSETTS-BAY; and also two Acts, made in the last session of Parliament, for restraining the trade and commerce of the Colonies in the said Acts respectively mentioned; and to enable any person or persons, appointed and authorized by his Majesty, to grant pardons, to issue Proclamations in the cases and for the purpose therein-mentioned.
Whereas many persons in the Colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, have set themselves in open rebellion and defiance to the just and legal authority of the King and Parliament of Great Britain, to which they ever have been, and of right ought to be, subject; and have assembled together an armed force, engaged his Majesty' s troops, and attacked his forts, have usurped the powers of Government, and prohibited all trade and commerce with this kingdom, and the other parts of his Majesty' s dominions; for the more speedily and effectually suppressing such wicked and daring designs, and for preventing any aid, supply, or assistance, being sent thither during the continuance of the said rebellious and treasonable commotions, be it therefore declared and enacted by the King' s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all manner of trade and commerce is and shall be prohibited with the Colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia; and that all ships and vessels of or belonging to the inhabitants of the said Colonies, together with their cargoes, apparel, and furniture, and all other ships and vessels whatsoever, together with their cargoes, apparel, and furniture, which shall he found trading in any port or place of the said Colonies, or going to trade, or coming from trading, in any such port or place, shall become forfeited to his Majesty, as if the same were the ships and effects of open enemies, and shall be so adjudged, deemed, and taken, in all Courts of Admiralty, and in all other Courts whatsoever. II. Provided always, and it is hereby further enacted and declared by the authority aforesaid, That nothing in this act shall extend, or be construed to extend, to such ships and vessels as shall be actually retained or employed in his Majesty' s service, or to such ships and vessels as shall be laden with provisions for the use of his Majesty' s fleets, armies, or garrisons, or for the use of the inhabitants of any town or place garrisoned or possessed by any of his Majesty' s troops, provided the masters of such ships and vessels respectively shall produce a licence in writing, under the hand and seal of the Lord High Admiral of Great-Britain for the time being, or of three or more Commissioners for the time being for executing the office of Lord High Admiral of Great Britain, or of the commanders of his Majesty' s Fleets or Armies, or of the Governour, Lieutenant-Governour, or Commander-in-Chief of any of his Majesty' s Colonies or Provinces not herein-before mentioned, specifying the voyage in which such ship or vessel shall be employed, and expressing the time for which such license shall subsist and be in force, and also expressing the quantity and species of the said stores and provisions on board; and if any goods, wares, or merchandises, other than stores and provisions for his Majesty's use, or provisions for the use of the inhabitants of any town or place garrisoned and possessed by his Majesty's troops, shall be found on board such ships or vessels, (the necessary stores for the ship's use, and the baggage of the passengers, only excepted,) in any or either of those cases, the said goods, wares, and merchandises shall be forfeited, and shall and may be seized and prosecuted in the manner herein-after directed. III. And, for the encouragement of the officers and seamen of his Majesty’s ships of war, Be it further enacted, That the flag officers, captains, commanders, and other commissioned officers in his Majesty’s pay, and also the seamen, marines, and soldiers on board, shall have the sole interest and property of, and in all and every such ship, vessel, goods, and merchandise, which they shall seize and take, (being first adjudged lawful prize in any of his Majesty’s Courts of Admiralty,) to be divided in such proportions, and after such manner, as his Majesty shall think fit to order and direct by proclamation or proclamations hereafter to be issued for those purposes. IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said flag officers, captains, and commanders, respectively, to cause to be taken, or put on board any of his Majesty’s ships or vessels of war, or on board any other ships or vessels, all and every the masters, crews, and other persons who shall be found on board such ship and ships as shall be seized and taken as prize as aforesaid; and, also, to enter the names of such of the said mariners and crews, upon the book or books of his Majesty’s said ships or vessels, as they, the said flag officers, captains, and commanders, shall respectively think fit; from the time and times of which said entries respectively, the said mariners and crews shall be considered, and they are hereby declared to belong to, and to be as much in the service of his Majesty, to all intents and purposes, as if the said mariners and crews had entered themselves voluntarily to serve on board his Majesty’s said ships and vessels respectively; and also that it shall and may be lawful to and for the said flag officers, captains, and commanders respectively, to detain, or cause to be detained and kept, the masters and other persons, and also such others of the mariners and crews of the said prize ships as shall not be entered upon the books of his Majesty’s ships or vessels of war as aforesaid, in and on board any ship or ships, vessel or vessels whatsoever, until the arrival of such last-mentioned ships or vessels in some port in Great Britain or Ireland, or in any port of America not in rebellion; and upon the arrival of those ships or vessels in any such port, the commanders thereof are hereby respectively authorized and required immediately to set the said last-mentioned mariners and crews, and also the said masters and other persons, at liberty on shore there. V. And, for the more speedy proceeding to condemnation or other determination of any prize, ship, or vessel, goods, or merchandises, to be taken as aforesaid, and for lessening the expenses that have been usual in the like cases, Be it further enacted by the authority aforesaid, That the Judge or Judges of such Court of Admiralty, or other person or persons thereto authorized, shall, within the space of five days after request to him or them for that purpose made, finish the usual preparatory examinations of the persons commonly examined in such cases, in order to prove the capture to be lawful prize, or to inquire whether the same be lawful prize or not; and that the proper monition usual in such cases shall be issued by the person or persons proper to issue the same, and shall be executed in the usual manner by the person or persons proper to execute the same, within the space of three days after request in that behalf made; and in case no claim of such capture, ship, vessel, or goods, shall be duly entered or made in the usual form, and attested upon oath, giving twenty days notice after the execution of such monition; or if there be such claim, and the claimant or claimants shall not within five days give sufficient security (to be approved of by such Court of Admiralty) to pay double costs to the captor or captors of such ship, vessel, or goods, in case the same so claimed shall be adjudged lawful prize, that then the Judge or Judges of such Court of Admiralty shall (upon producing to him or them the said examinations or copies thereof, and upon producing to him or them, upon oath, all papers and writings which shall have been found taken in or with such capture, or upon oath made that no such papers or writings were found) immediately, and without further delay, proceed to sentence, either to discharge and acquit such capture, or to adjudge and condemn the same as lawful prize, according as the case shall appear to him or them upon perusal of such preparatory examinations, and also of the other last-mentioned papers and writings found taken in or with such capture, if any such papers or writings shall be found; and in case such claim shall be duly entered or made, and security given thereupon according to the tenour and true meaning of this act, and there shall appear no occasion to examine any witnesses other than what shall be then near to such Court of Admiralty, that then such Judge or Judges shall forthwith cause such witnesses to be examined within the space of ten days after such claim made and security given, and proceed to such sentence, as aforesaid, touching such capture; but in case, upon making or entering such claim, and the allegation and oath thereupon, or the producing such papers or writings as shall have been found or taken in or with such capture, or, upon the said preparatory examinations, it shall appear doubtful to the Judge or Judges of such Court of Admiralty whether such capture be lawful prize or not, and it shall appear necessary, according to the circumstances of the case, for the clearing and determining such doubt, to have an examination, upon pleadings given in by the parties and admitted by the Judge, of witnesses that are remote from such Court of Admiralty, and such examination shall be desired, and that it be still insisted on, on behalf of the captors, that the said capture is lawful prize, and the contrary be still persisted in on the claimants behalf, that then the said Judge or Judges shall forthwith cause such capture to be appraised by persons to be named by the parties and appointed by the Court, and sworn truly to appraise the same according to the best of their skill and knowledge; for which purpose the said Judge or Judges shall cause the goods found on board to be unladen, and, an inventory thereof being first taken by the Marshal of the Admiralty, or his deputy, shall cause all such parts of the goods and merchandise as are perishable commodities to be sold by publick sale, for the clear amount of which only the captors shall be answerable to the claimants, and the remainder of them to be put into proper warehouses, with separate locks, of the Collector and Comptroller of the Customs, and, where there is no Comptroller, of the Naval Officer and the agents or persons employed by the captors and claimants, at the charge of the party or parties desiring the same; and shall, after such appraisement made, and within the space of fourteen days after the making of such claim, proceed to take good and sufficient security from the claimants to pay the captors the full value thereof, according to such appraisement, in case the same shall be adjudged lawful prize; and shall also proceed to take good and sufficient security from the captors to pay such costs as the Court shall think proper, in case such ship shall not be condemned as lawful prize, and, after such securities duly given, the said Judge or Judges shall make an interlocutory order for releasing or delivering the same to such claimant or claimants, or his or their agents, and the same shall be actually released or delivered accordingly. VI. And it is hereby further enacted by the authority aforesaid, That if any claimant or claimants shall refuse to give such security, the Judge or Judges shall cause the captor or captors in like manner to give good and sufficient security to pay the said claimant or claimants the full value thereof according to the appraisement, in case any such capture or captures shall be adjudged not to be lawful prize; and the said Judge or Judges shall thereupon proceed to make an interlocutory order for the releasing and delivering the same to the said captor or captors, or their agents. VII. And be it further enacted by the authority aforesaid, That all books, papers, and writings, found in any ship or vessel taken as prize, shall, without delay, upon the oath of the captor, be brought into the registry of the Court of Admiralty wherein such ship or vessel may be proceeded against in order to condemnation; but that such only of the said books, papers, and writings, shall be made use of and translated, as shall be agreed or insisted upon by the proctors of the several parties, captors or claimants, or, in case of no claim, by the captor or register, to be necessary for ascertaining the property of such ship or vessel, and the cargo thereof, and the destination of the voyage. VIII. And be it further enacted by the authority aforesaid, That all such captures as aforesaid, which shall be brought into any of his Majesty’s dominions in America, in order to be proceeded against to condemnation in any of his Vice-Admiralty Courts, shall, without breaking bulk, stay there, and be under the joint care and custody of the Collector and Comptroller of the Customs, or, where there is no Comptroller, of the Naval Officers of the port or place where the same shall be brought, and all the captors thereof, and their agents, subject to the directions of the Court of Vice-Admiralty, until either the same shall, by final sentence, have been either cleared and discharged, or adjudged and condemned as lawful prize, or that such interlocutory order as aforesaid shall have been made for the releasing or delivering of the same unto such person or persons, and to be so divided and disposed of, as his Majesty, his heirs and successors, shall, by proclamation or proclamations hereafter to be issued for those purposes, order and direct. IX. Provided always, and it is hereby further enacted by the authority aforesaid, That no captures which shall be taken by virtue of this act shall be carried into any of the Colonies or Plantations in America herein-before particularly mentioned, during and so long time as such Colonies or Plantations respectively shall continue in a state of rebellion. X. And be it further enacted by the authority aforesaid, That if any Judge or Judges, or other officer or officers, in any of his Majesty’s Colonies or dominions abroad, to whom respectively it shall appertain, shall delay the doing, performing, making, or pronouncing any of the several proceedings, matters, or things, for, towards, or relating to, condemning or discharging, releasing, or delivering, of any such capture in manner aforesaid, within the respective times herein-before limited, or as soon as the same ought to be done, according to the tenour and true meaning of this act, all and every such Judge and Judges, and other officer and officers, shall, for every such offence, forfeit the sum of five hundred pounds; one moiety thereof to his Majesty, his heirs and successors, and the other moiety thereof, with full costs of suit, to such person or persons who shall inform or sue for the same, in any of his Majesty’s Courts in any of his Colonies or dominions wherein such offence shall be committed. XI. And be it further enacted by the authority aforesaid, That no Register or Deputy Register, nor any Marshal or Deputy Marshal, of or belonging to any of his Majesty’s Courts of Admiralty or Vice-Admiralty whatsoever, shall either directly or indirectly, by himself or themselves, or by any agent or agents, or other person or persons whatsoever, act or be concerned in any manner, either as an advocate or proctor, in any cause, matter, or business whatsoever, that shall be depending in any such Court or Courts of Admiralty, to which such Register, Deputy Register, Marshal, or Deputy Marshal, shall then belong; and that every Register, Deputy Register, Marshal, or Deputy Marshal, who shall be guilty of such offence, (being thereof lawfully convicted, either upon an information or indictment,) shall from thenceforth absolutely forfeit his respective office and employment of Register, Deputy Register, Marshal, or Deputy Marshal, in and belonging to the same Court. XII. And be it further enacted by the authority aforesaid, That there shall not be paid unto or among all the Judges and officers of any Court of Vice-Admiralty in any of his Majesty’s dominions, for, towards, or relating to, the adjudging or condemning of such capture as aforesaid, as lawful prize, above the sum of ten pounds, in case such prize-ship or vessel be under the burthen of one hundred tons, nor above the sum of fifteen pounds, in case the same be of that or any greater burthen; and that, upon payment of either of the said respective sums, as the case shall require, to the said Judge or Judges, or any of them, to be by him or them disposed or divided, as he or they shall think fit, among the officers of such Court, such Judges and officers, and every of them, shall be liable to all and every of the several penalties hereby imposed for neglecting or delaying to do and perform their several and respective duties or offices in and relating to the several proceedings aforesaid, within the respective times herein for that purpose limited. XIII. Provided nevertheless, and it is hereby further enacted by the authority aforesaid, That if any captor or captors, claimant or claimants, shall not rest satisfied with the sentence given in such Court of Vice-Admiralty in any of his Majesty’s dominions, it shall and may be lawful for the party or parties thereby aggrieved to appeal from the said Court of Vice-Admiralty to Commissioners appointed, or to be appointed, under the great seal of Great Britain, for receiving, hearing, and determining appeals in causes of prizes, so as the same be made within fourteen days after sentence, and good security be likewise given by the appellant or appellants, that he or they will effectually prosecute such appeal, and answer the condemnation, and also pay treble costs, as shall be awarded in case the sentence of such Court of Vice-Admiralty be affirmed; provided that the said captor or captors, claimant or claimants, do, within six months after sentence passed, give notice to the said Court of Vice-Admiralty that they have appealed from such decree to the said Commissioners. XIV. Provided always, and it is hereby further enacted by the authority aforesaid, That the execution of any sentence so appealed from as aforesaid, shall not be suspended by reason of such appeal, in case the party or parties appellate shall give sufficient security, to be approved of by the Court in which such sentence shall be given, to restore the ship, vessel, goods, or effects, concerning which such sentence shall be pronounced, or the full value thereof, to the appellant or appellants, in case the sentence so appealed from shall be reversed. XV. And be it further enacted by the authority aforesaid, That in case any person who was not a party in the first instance of the cause, shall interpose in an appeal from a sentence given in any Vice-Admiralty Court, such person, or his or her agent, shall at the same time enter his or her claim, otherwise such appeal shall be null and void. XVI. And be it further enacted by the authority aforesaid, That if any commander or commanders, officer or officers, seamen, marines, soldiers, or others, shall break bulk on board, or embezzle any of the money, jewels, plate, goods, merchandise, tackle, furniture, or apparel, of or belonging to such prize or prizes so taken, such commander, officer, seaman, marine, soldier, or others, shall forfeit treble the value of all such money, jewels, plate, goods, merchandise, tackle, furniture, or apparel, as he or they shall embezzle; one-third part thereof to be to the use of Greenwich Hospital, and the other two-third parts thereof to him or them who shall sue for the same, by action of debt, bill, plaint, or information, in any court of record in Great Britain, in which no essoin, protection, or wager of law, or more than one imparlance, shall be allowed. XVII. And be it further enacted by the authority aforesaid, That all appraisements and sales of any ship or ships, goods, wares, or merchandises, as shall be taken as prizes, shall be made by agents, or persons nominated and appointed in equal numbers by the flag officers or flag officer, captains or captain, officers or officer, ship' s companies or ship' s company, and others entitled thereunto; (that is to say,) that if the flag officers or flag officer of any fleet or squadron of ships as shall take any such prize or prizes, or the majority of such flag officers (if more than one) shall nominate and appoint one or more person or persons, agent or agents, to sell or appraise the same as aforesaid, then the captains and commanders, or captain or commander, entitled thereunto, or the majority of them, (if more than one,) shall nominate and appoint the like number of persons or agents to act for them; and all the other officers under the degree of a captain and commander entitled thereto, or the major part of them, shall also nominate and appoint the like number of persons or agents to act for them; and all the crews of the several ships' companies of the fleet or squadron, or ship' s company, and others entitled thereto, or the major part of them, shall likewise nominate and appoint the same number of persons or agents to act in their behalf in such appraisement or sale. XVIII. And be it further enacted by the authority aforesaid, That all and every person or persons who shall be nominated and appointed agent or agents as aforesaid, for any prize or prizes to be taken by any ship or ships, vessel or vessels of war, and which prize or prizes shall be condemned in the High Court of Admiralty in Great Britain, or in any of the Courts of Vice-Admiralty in any of his Majesty’s dominions where the said prize or prizes, and every of them, shall be condemned, shall exhibit and cause to be registered in the said High Court of Admiralty, or in the respective Courts of Vice-Admiralty in any of his Majesty’s dominions where the said prize and prizes, and every of them, shall be condemned, his or their respective letter or letters of attorney, appointing him or them agent or agents for the purposes aforesaid; and if any person or persons so appointed agent or agents as aforesaid, shall refuse or neglect so to do, for the space of six calendar months next after sentence of condemnation of any prize shall be given in the said High Court of Admiralty in Great Britain, or in any Vice-Admiralty Court in his Majesty’s dominions for the care and distribution of which he or they shall be appointed agent or agents, such person or persons so refusing or neglecting, shall forfeit the sum of five hundred pounds, to be recovered by him or them who shall sue for the same, by action of debt, bill, plaint, or information, in any court of record in Great Britain, or in any other of his Majesty’s dominions, in which no essoin, protection, or wager of law, or more than one imparlance, shall be allowed. XIX. Provided always, That if any agent or agents shall be appointed after the time any sentence of condemnation in any of the said Courts of Admiralty or Vice-Admiralty shall be given, such agent or agents shall, under the aforesaid penalty, register, or cause to be registered, in manner aforesaid, his or their respective letter or letters of attorney, appointing him or them agent or agents as aforesaid, within the space of six calendar months after the date of the said letter or letters of attorney. XX. And be it further enacted by the authority aforesaid, That after the sale or sales of any prize or prizes which shall be taken in pursuance or by virtue of this act, publick notification or notifications shall be given and published in such manner as is herein-after particularly mentioned; (that is to say,) if the prize or prizes shall be condemned in his Majesty’s High or other Court of Admiralty in Great Britain, then the person or persons, agent or agents, to be appointed in pursuance of this act, for the appraisement and sale of such prize or prizes, shall insert and publish, or cause to be inserted and published, such notification under his or their hand or hands respectively in the London Gazette, and if condemned in any Court or Courts of Admiralty or Vice-Admiralty in any other of his Majesty’s dominions, then such person or persons, agent or agents, as aforesaid, shall insert and publish, or cause to be inserted and published, such notifications, under his or their hand or hands respectively, in the gazette, or some other newspaper of publick authority, of the island or place where the prize or prizes shall be condemned; and if there shall be no gazette or such other newspaper published there, then in some or one of the most publick newspapers of such island or place for the time being; and all persons or agents publishing, or causing to be published, every such notification respectively, shall deliver to the Collector, Customer, or Searcher for the time being, of his Majesty’s Customs, residing at, or belonging to the port or place where the prize or prizes shall be condemned, or the lawful deputy or deputies of such Collector, Customer, or Searcher; and if there shall be no such Collector, Customer, or Searcher, then such persons or agents as aforesaid shall deliver to the principal officer or officers of the port or place where the prize or prizes shall have been condemned, or to the lawful deputy or deputies of such principal officer or officers, two of the gazettes or other newspapers in which such notification shall be so inserted and published; and if there shall not be any publick newspapers in any such island or place, then such person or persons, agent or agents, shall give two such notifications, in writing, under his or their respective hand or hands, to the said Collector, Customer, or Searcher, or the deputy or deputies of such Collector, Customer, or Scacher, or, where there shall be no such Collector, Customer, or Seacher, to such principal officer or officers, or his or their deputy or deputies as aforesaid; and every such Collector, Customer, or Searcher, and principal officer or officers, or such deputy or deputies, shall subscribe his or their name or names on some conspicuous part of both the said gazettes, newspapers, or written notifications respectively, and by the first ship which shall sail (after his or their receipt of such gazettes, newspapers, or written notifications respectively) from such port or place to any port of Great Britain, shall transmit or send to the Treasurer of Greenwich Hospital, or the deputy of such Treasurer for the time being, one of the said gazettes, newspapers, or written notifications, with his or their name or names so subscribed to and upon the same respectively, to be there registered, and shall faithfully preserve and keep the other of the said two gazettes, newspapers, or written notifications, with his or their name or names subscribed as aforesaid, in his or their custody; and that in every such printed or written notification as aforesaid, the said person or persons, agent or agents, shall insert or specify his or their place or places of abode, and the precise day of the month and year appointed for the payment of the several and respective shares of the prize or prizes to the captors; and all such notifications with respect to prizes, which shall be condemned in Great Britain, shall be published in the London Gazette, three days at least before any part or parts, share or proportion of any such prize or prizes shall be paid to any person or persons entitled thereto; and all such notifications, with respect to prizes condemned in any other part of his Majesty’s dominions, shall be delivered to the said Collector, Customer, or Searcher, or principal officer or officers aforesaid respectively, or such respective deputy or deputies, three days at least before any part or parts, share or proportion, of any such prize or prizes, shall be paid to any person or persons entitled thereto; after which several and respective notifications, if any men' s shares shall remain in the hands of the persons or agents appointed as aforesaid, either belonging to such men as shall be run from his Majesty’s service, or which shall not be legally demanded within three years, then such share or shares so remaining in the persons or agents' hands, or belonging to such men as shall run from his Majesty’s service, shall go and be paid to the use of Greenwich Hospital. XX. And be it further enacted by the authority aforesaid, That after the sale or sales of any prize or prizes which shall be taken in pursuance or by virtue of this act, publick notification or notifications shall be given and published in such manner as is herein-after particularly mentioned; (that is to say,) if the prize or prizes shall be condemned in his Majesty’s High or other Court of Admiralty in Great Britain, then the person or persons, agent or agents, to be appointed in pursuance of this act, for the appraisement and sale of such prize or prizes, shall insert and publish, or cause to be inserted and published, such notification under his or their hand or hands respectively in the London Gazette, and if condemned in any Court or Courts of Admiralty or Vice-Admiralty in any other of his Majesty’s dominions, then such person or persons, agent or agents, as aforesaid, shall insert and publish, or cause to be inserted and published, such notifications, under his or their hand or hands respectively, in the gazette, or some other newspaper of publick authority, of the island or place where the prize or prizes shall be condemned; and if there shall be no gazette or such other newspaper published there, then in some or one of the most publick newspapers of such island or place for the time being; and all persons or agents publishing, or causing to be published, every such notification respectively, shall deliver to the Collector, Customer, or Searcher for the time being, of his Majesty’s Customs, residing at, or belonging to the port or place where the prize or prizes shall be condemned, or the lawful deputy or deputies of such Collector, Customer, or Searcher; and if there shall be no such Collector, Customer, or Searcher, then such persons or agents as aforesaid shall deliver to the principal officer or officers of the port or place where the prize or prizes shall have been condemned, or to the lawful deputy or deputies of such principal officer or officers, two of the gazettes or other newspapers in which such notification shall be so inserted and published; and if there shall not be any publick newspapers in any such island or place, then such person or persons, agent or agents, shall give two such notifications, in writing, under his or their respective hand or hands, to the said Collector, Customer, or Searcher, or the deputy or deputies of such Collector, Customer, or Scacher, or, where there shall be no such Collector, Customer, or Seacher, to such principal officer or officers, or his or their deputy or deputies as aforesaid; and every such Collector, Customer, or Searcher, and principal officer or officers, or such deputy or deputies, shall subscribe his or their name or names on some conspicuous part of both the said gazettes, newspapers, or written notifications respectively, and by the first ship which shall sail (after his or their receipt of such gazettes, newspapers, or written notifications respectively) from such port or place to any port of Great Britain, shall transmit or send to the Treasurer of Greenwich Hospital, or the deputy of such Treasurer for the time being, one of the said gazettes, newspapers, or written notifications, with his or their name or names so subscribed to and upon the same respectively, to be there registered, and shall faithfully preserve and keep the other of the said two gazettes, newspapers, or written notifications, with his or their name or names subscribed as aforesaid, in his or their custody; and that in every such printed or written notification as aforesaid, the said person or persons, agent or agents, shall insert or specify his or their place or places of abode, and the precise day of the month and year appointed for the payment of the several and respective shares of the prize or prizes to the captors; and all such notifications with respect to prizes, which shall be condemned in Great Britain, shall be published in the London Gazette, three days at least before any part or parts, share or proportion of any such prize or prizes shall be paid to any person or persons entitled thereto; and all such notifications, with respect to prizes condemned in any other part of his Majesty’s dominions, shall be delivered to the said Collector, Customer, or Searcher, or principal officer or officers aforesaid respectively, or such respective deputy or deputies, three days at least before any part or parts, share or proportion, of any such prize or prizes, shall be paid to any person or persons entitled thereto; after which several and respective notifications, if any men' s shares shall remain in the hands of the persons or agents appointed as aforesaid, either belonging to such men as shall be run from his Majesty’s service, or which shall not be legally demanded within three years, then such share or shares so remaining in the persons or agents' hands, or belonging to such men as shall run from his Majesty’s service, shall go and be paid to the use of Greenwich Hospital. XXI. And be it further enacted by the authority aforesaid, That if any person or agent, to be appointed for appraisement or sale of any prize or prizes which shall be seized and taken as aforesaid, shall neglect or refuse to publish, give, or deliver, any notification herein-before directed or required to be published, given, or delivered, before the payment of any part of such prize-money, or in the manner herein-before appointed, or shall not set forth and specify therein the matters and things herein-before directed to be specified and set forth; every such person or agent shall, for every such offence, forfeit and pay the sum of one hundred pounds, to be recovered by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record in Great Britain, or elsewhere in any of his Majesty’s dominions, in which no essoin, protection, privilege, wager of law, or more than one imparlance, shall be allowed; and if any Collector, Customer, or Searcher, of his Majesty’s Customs, or principal officer or officers, or such deputy or deputies as aforesaid, shall neglect or refuse to receive or to attest, or shall not transmit or send any such gazette, newspapers, or written notification, as aforesaid, in such manner as is before directed, every such Collector, Customer, or Searcher, principal officer or officers, or such deputy or deputies so offending, shall, for every such offence, forfeit the sum of one hundred pounds, to be sued for and recovered in the same manner as the above penalty is directed to be sued for and recovered. XXII. And be it further enacted by the authority aforesaid, That the notifications in all such gazettes, newspapers, and in writing respectively, as aforesaid, which shall be so transmitted and attested by such Collector, Customer, or Searcher, or principal officer or officers, or such deputy or deputies as aforesaid, and registered at the said Royal Hospital, on proof of the handwriting of such Collector, Customer, or Searcher, principal officer or officers, or deputy or deputies, from time to time, and at all times, shall be good and sufficient evidence in all his Majesty’s courts of law and equity, that the person or persons, whose name or names is or are therein set forth and specified as the agent or agents for the prize or prizes therein respectively mentioned, is or are such agent or agents. XXIII. Provided always, and be it declared and enacted by the authority aforesaid, That nothing herein contained shall extend, or be construed to extend, or exempt any ships, goods, wares, or merchandises, which shall be taken as prize, and brought or imported into this kingdom, or any of his Majesty’s dominions, from the payment of any customs or duties, or from being subject to such restrictions and regulations to which the same now are or shall hereafter be liable by virtue of the laws and statutes of this realm. XXIV. Provided always, and be it further enacted by the authority aforesaid, That if any ship, vessel, or boat, taken as prize, or any goods therein, shall appear, and be proved, in the High Court of Admiralty, or Vice-Admiralty Court, to have belonged to any of his Majesty’s subjects of Great Britain or Ireland, or any of the dominions and territories remaining and continuing in their allegiance to the King, and under his Majesty’s protection, which were before taken or surprised by any of his Majesty’s rebellious Colonies or Plantations before-mentioned, and at any time afterwards again surprised and retaken from his Majesty’s said rebellious Colonies or Plantations by any of his Majesty’s ships of war, or other ship, vessel, or boat, under his Majesty’s protection and obedience; that then such ships, vessels, boats, and goods, and every such part and parts thereof as aforesaid, formerly belonging to such his Majesty’s subjects remaining and continuing under his protection, shall in all cases be adjudged to be restored, and shall be, by decree of the said High Court of Admiralty or Vice-Admiralty Court, accordingly restored to such former owner or owners, or proprietors, he or they paying for and in lieu of salvage (if retaken from the rebels) one-eighth part of the true value of the ships, vessels, boats, and goods respectively so to be restored; which salvage shall be answered and paid to the captains, officers, and seamen, to be divided in such manner as before in this act is directed touching the share of prizes belonging to the flag officers, captains, officers, seamen, marines, and soldiers. XXV. And be it further enacted by the authority aforesaid, That no person or persons belonging to any of his Majesty’s ships or vessels of war, who shall run away or withdraw him or themselves from the ship or vessel by which any prize or prizes shall be taken, or otherwise, from his Majesty’s service, before or after notification shall be given by the persons or agents appointed as aforesaid, of the day appointed for the payment of the several shares to the captors of the said prize or prizes, shall have, or be entitled to have or claim, any interest in or benefit of the said share or shares of the said prize or prizes, or any part thereof, but such share and shares of such prize and prizes shall go and be paid to the use of Greenwich Hospital. XXVI. Provided always, That if any person or persons shall or do run away or withdraw him or themselves from any such ship or vessel as aforesaid, after notification given as aforesaid, he and they shall forfeit and lose such part of his and their share and shares of the said prize or prizes as shall be remaining in the said agent or agents hands at the time of his or their running away or withdrawing him or themselves; anything herein-before contained to the contrary thereof in anywise notwithstanding. XXVII. And be it further enacted by the authority aforesaid, That all and every person and persons, agent and agents, and others, who shall sell or otherwise dispose of any prize or prizes so to be taken as aforesaid, shall, within the space of three calendar months next after the day to be appointed for the first payment or distribution to the captors of such prize or prizes, made in pursuance of such publick notification as aforesaid, make out and transmit or deliver unto the Treasurer of the said Royal Hospital of Greenwich for the time being, or to such person or persons as he shall for that purpose depute or appoint, a true state and account in writing, under the hand or hands of such agent or agents, or person or persons so employed, of the produce of all such prize and prizes as aforesaid, together with an account of the payments of the several shares to the captors as shall then have been really and bona fide by him or them respectively paid; and also that all and every person and persons, agents, and others, that by virtue of this act shall sell or dispose of any prize or prizes, which shall at any time or times hereafter be taken by any of his Majesty’s ships or vessels of war, such person and persons, agents, and others, so selling and disposing thereof, shall, within the space of three calendar months next after the expiration of the term of three years limited by this act, make out an exact account in writing of the produce of such prize and prizes, as also of the payments of the several shares to the respective captors, together with a true and just account upon oath, to be taken before the Treasurer of the said Hospital for the time being, or any other person or persons by him for that purpose deputed and authorized in writing under his hand and seal, (which oath the said Treasurer of the said Hospital, and his sufficient deputy and deputies, authorized as aforesaid, is and are hereby authorized and empowered to administer,) of all sum and sums of money as shall be then remaining in such agent or agents, or persons custody, power or possession, and shall at the same time deliver, or cause to be delivered, to the Treasurer of the said Hospital for the time being, or to his sufficient deputy or agent, the said accounts so attested upon oath as aforesaid, together with all such remaining sum and sums of money then so left and remaining in his or their hands as aforesaid, taking from the said Treasurer, or his proper deputy or agent, his or their acquittance or acquittances for the same. XXVIII. And be it further enacted, That all and every person and persons hereby directed to transmit or deliver all or any the accounts before-mentioned, who shall neglect or refuse to transmit or deliver all or any such account or accounts to the Treasurer of the said Hospital, or his said deputy or agent, within the before-limited and appointed time, in manner and form as is herein-before mentioned, or who shall neglect or refuse to pay over all and every such sum and sums of money as shall remain in his or their hand or hands, power, custody, or possession, after the term of three years, to be accounted as aforesaid, shall, for every such offence, forfeit the sum of one hundred pounds, over and above the money then in such agents hands; one-third part whereof shall belong to his Majesty, and the remaining two-third parts to the said Royal Hospital, to be recovered, with costs of suit, by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record, in which no essoin, protection, privilege, or wager of law, or more than one imparlance, shall be allowed. XXIX. And be it further enacted by the authority aforesaid, That if say fraud, collusion, or deceit, shall be wittingly or willingly made, used, committed, permitted, or done, or suffered, in making, stating, or balancing, any such accounts, then every person or persons who shall be thereof duly convicted, and his and their aiders and abetters, shall forfeit and pay, for every such offence, over and above the penalties and punishments inflicted by this act, the sum of one hundred pounds; one-third part whereof to be to the use of his Majesty, and one other third part to the use of the said Hospital, and the remaining third part to the informer who shall sue for the same, to be recovered, with costs of suit, by action of debt, bill, plaint, or information, in any court of record, in which no essoin, protection, privilege, or wager of law, or more than one imparlance, shall be allowed. XXX. And be it further enacted by the authority aforesaid, That the Register or Registers of his Majesty’s High Court of Admiralty, and all other Courts of Admiralty in Great Britain, shall, from time to time, duly enter or register, or cause to be entered or registered, in one or more book or books, to be by him or them kept for that purpose only, all letters of attorney that shall be exhibited by any agent or agents for any prize or prizes which shall be taken by any of his Majesty’s ships or vessels of war, within fourteen days after the same shall be so exhibited or delivered to such Register or Registers, at his or their respective offices; which registry shall contain the day of delivery and entry, the dates of the letters of attorney, the names and places of abode of the agents, the names of the prizes taken, together with the names of the ships or vessels by which such prizes shall have been taken; and the said Register or Registers shall, on the 26th day of March, and the 30th day of September, or within forty days thereafter, in every year, transmit or deliver unto the Treasurer of the said Hospital, or to the lawful deputy of such Treasurer for the time being, a true copy or transcript, under his or their hand or hands, of all such entries as aforesaid, within the preceding half year; and if such Register or Registers shall neglect or refuse to make and keep such entries, or to transmit or deliver such copies thereof as aforesaid, within the respective times herein-before limited for that purpose, he or they shall, for every such offence, forfeit the sum of one hundred pounds, to be recovered by action of debt, hill, plaint, or information, in any of his Majesty’s courts of record, in which no essoin, protection, privilege, wager of law, or more than one imparlance, shall be allowed. XXXI. And be it further enacted by the authority aforesaid, That the Register or Registers of all and every the Court and Courts of Admiralty in any of his Majesty’s dominions, shall yearly and every year, upon the 23d day of October, or within three calendar months next after the same, make out and transcribe true copies of all and every such letter and letters of attorney as shall be so registered in the said Court or Courts, to which the Judge and Judges of the said Court and Courts shall affix his and their seal of office; and then the said Register and Registers shall transmit the same to the Treasurer of the said Royal Hospital at Greenwich, to be there registered, and to be inspected by any person gratis, the charges of which copies, and affixing the seal or seals thereto, and transmitting the same to the Treasurer of the said Hospital, shall be paid by the said agent or agents at the time of making such registry as aforesaid; and in case such Register or Registers shall neglect or refuse to transscribe and transmit such copy and copies of the said letter and letters of attorney in manner aforesaid, (any ship or ships in that time sailing from such port or place to any port or place in Great Britain,) such Register and Registers so neglecting or refusing shall forfeit the sum of five hundred pounds, to be recovered by him or them who will sue for the same, by action of debt, bill, plaint, or information, in any court of record in Great Britain, or in any other part of his Majesty’s dominions, in which no essoin, protection, privilege, or wager of law, or more than one imparlance, shall be allowed. XXXII. And for the more effectual making of such letters of attorney evidence of the agency of the person or persons to whom the same shall be made, Be it further enacted by the authority aforesaid, That true copies of such letter and letters of attorney, and of transcripts under seal, transmitted by the said Register or Registers of the Court and Courts of Vice-Admiralty within any of his Majesty’s dominions, and registered by the said Treasurer of Greenwich Hospital, shall, from time to time, and at all times hereafter, be good and sufficient evidence of the agency of the person or persons to whom such letters of attorney is or shall be made; and from time to time, and at all times hereafter, shall be admitted, without further or other proof thereof, to be legal evidence in all his Majesty’s courts of record of law or equity; any law, custom, or usage, to the contrary thereof in anywise notwithstanding. XXXIII. And be it further enacted by the authority aforesaid, That no agent or agents for prizes shall be liable to be sued, impleaded, or arrested, by any person or persons who shall be made run from his Majesty’s service, in the lists to be duly certified of the names of the officers, seamen, marines, soldiers, or others, who shall be actually on board any of his Majesty’s ships of war, at the taking of any prize or prizes, until the end of three months next after the expiration of three years, limited by this act for the claiming of prizes, unless the person or persons so made run shall, before any action brought, obtain a certificate of his or their R or Rs being taken off, and the forfeiture of his or their share of such prizes being discharged by the Commissioners of his Majesty’s Navy, who subscribed the said lists, and shall produce such certificate to the said agent or agents respectively, and unless the said agent or agents, on the producing of such certificate or certificates, shall refuse to pay the said prize-money (in case the same be due and payable, according to the directions in his Majesty’s declaration) within two months after any such demand made, and such certificate produced. XXXIV. Provided always, That nothing in this act contained shall be construed to restrain his Majesty, his heirs and successors, from giving such further rules and directions to his respective Courts of Admiralty and Vice-Admiralty, as by his Majesty, his heirs and successors, with the advice of his or their Privy Council, shall be thought necessary or proper. XXXV. Provided always, and it is hereby further enacted by the authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to any ship or vessel the property of any person or persons residing in the said Colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North-Carolina, South- Carolina, and Georgia, or any or either of them, which shall have sailed for Great Britain or Ireland, from any British sugar Colony or Plantation in the West-Indies, on or before the first day of March, one thousand seven hundred and seventy-six, laden with any goods or commodities which before the passing of this act might be so lawfully transported and carried in any such ship or vessel; nor to any ship or vessel the property of any person or persons residing in the said Colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, or any or either of them, which on or before the first day of January, one thousand seven hundred and seventy-six, shall have arrived at any of the British sugar Colonies or Plantations in the West-Indies, laden with lumber and provisions, or either of them, and, after discharging the same at such sugar Colony or Plantation, shall, on or before the first day of August, one thousand seven hundred and seventy-six, lade and take on board there, in order to be transported from thence into Great Britain or Ireland, any goods or commodities which may be lawfully transported from such sugar Colony or Plantation into Great Britain or Ireland respectively, in any other British vessel, upon condition that the master or person having the charge of such ship or vessel which shall have so arrived on or before the said first day of January, one thousand seven hundred and seventy-six, and shall have been loaded on or before the said first day of August, one thousand seven hundred and seventy-six, shall produce a certificate, under the hands and seals of office of the Collector and Comptroller, or other principal officer of his Majesty’s Customs for the port or place where such goods shall be laden, certifying that such ship or vessel did arrive at such sugar Colony or Plantation on or before the said first day of January, one thousand seven hundred and seventy-six, laden with lumber and provisions, or either of them, as the case may be; and that, after having discharged the same in such sugar Colony or Plantation, she had taken on board the several goods therein laden for Great Britain or Ireland respectively, describing the name and burthen of the ship, with the name of the master, and the contents of the cargo, with the particular marks and numbers of the packages of each sort and species of goods so laden, the port or place where, and the time when laden, and the port in Great Britain or Ireland to which the goods are consigned, and that bond and security has been given for the due landing thereof according to law; which certificate such Collector and Comptroller, or other principal officer of the customs, are hereby required and enjoined to give without fee or reward. XXXVI. And it is hereby further enacted by the authority aforesaid, That the certificates before-mentioned for such ships or vessels as shall be bound to Great Britain and Ireland, shall continue in force for six months from the dates thereof, and no longer; and the master or person having charge of such ship or vessel, upon his arrival at the port of his discharge in Great Britain or Ireland, at the time he reports his ship, is hereby required to deliver up such certificate to the Collector and Comptroller, or other principal officer of the customs at such port, on forfeiture of one hundred pounds; and if any officer or officers of the customs shall give or grant any false certificate, for the purpose required or directed by this act, such officer or officers shall forfeit the sum of five hundred pounds, and be rendered incapable of serving his Majesty, his heirs, and successors, in any office whatsoever; and if any person or persons shall counterfeit, erase, alter, or falsify any such certificate, or any license required or directed by this act, or shall knowingly make use of any false certificate or license, or of any certificate or license so counterfeited, erased, altered, or falsified, such person or persons shall, for every such offence, forfeit the sum of five hundred pounds, and such certificate or license shall be invalid and of no effect; which said penalties, if the same shall be incurred in Great Britain or within the British dominions in America, shall, and may be prosecuted, sued for, and recovered, and be divided, paid, and applied, in like manner as other penalties, inflicted by any act or acts of Parliament relating to the trade or revenues of the British Colonies or Plantations in America, are directed to be prosecuted, sued for, or recovered, divided, paid, and applied, by any act or acts of Parliament now in force; and if the said penalties shall be incurred in the kingdom of Ireland, the same shall and may be prosecuted, sued for, recovered, and applied, in such, and the like manner, as any forfeiture incurred by the laws now in force in the said kingdom of Ireland, against the running or intending to run goods into that kingdom, may, by any act or acts of Parliament now in force there, be prosecuted, sued for, recovered, and applied. XXXVII. Provided always, and be it further enacted by the authority aforesaid, That nothing in this act shall extend, or be construed to extend, to any ship or vessel, or the cargo thereof, which shall have been or may be cleared out from any port in Great Britain or Ireland, before the 1st day of January, one thousand seven hundred and seventy-six, and shall be bound to any of the British sugar Colonies in the West-Indies, or which hath been, or may be so cleared out from the said British sugar Colonies, and shall be bound to Great Britain or Ireland, in case it shall appear by the register of such ship or vessel that two-thirds at the least of the owners of such ship or vessel are his Majesty’s subjects residing in Great Britain or Ireland, or in some of the said British sugar Colonies; nor to any ship or vessel, or the cargo thereof, which shall be cleared out from any port in Great Britain or Ireland, after the 20th day of January one thousand seven hundred and seventy-six, and shall be bound to any of the British sugar Colonies, or which shall be cleared out after the 25th day of March, one thousand seven hundred and seventy-six, from the said British sugar Colonies, and shall be bound to Great Britain or Ireland, in case it shall appear, by the oath or affirmation of one or more of the owners of such ship or vessel, to be endorsed on the register thereof, to be taken before the Collector or other principal officer of the customs at the port or place where such ship or vessel shall be cleared out, (which oath or affirmation such Collector, or other principal officer of the customs, is hereby authorized and required to administer,) that two-thirds at least of such ship or vessel are the property of his Majesty’s subjects residing in Great Britain or Ireland, or in some of the said sugar Colonies or Plantations. XXXVIII. And whereas many and large debts are now due from the inhabitants of the North-American Colonies herein-before mentioned to divers of his Majesty’s good and loyal subjects residing in Great Britain, Ireland, and the British Plantations in the West-Indies, and many of such good and loyal subjects may have estates and effects in some of the said North-American Colonies: And whereas goods and merchandise have been or may be shipped or laden in the said Colonies, for and on account of such debts, estates, or effects, and other goods and merchandise may be laden there, and sent from thence in consequence of orders given for that purpose, Be it therefore enacted by the authority aforesaid, That nothing in this act contained shall extend, or be construed to extend, to any ship or vessel which shall have cleared out and sailed from any of the said Colonies for Great Britain, Ireland, or any of the British Plantations in the West-Indies, on or before the 1st day of January, one thousand seven hundred and seventy-six; nor shall extend, or be construed to extend, to forfeit any goods or merchandise, or effects which shall be laden or shipped on board any ship or vessel in any of the said North-American Colonies, on or before the 25th day of March, one thousand seven hundred and seventy-six, as a remittance to any of his Majesty’s subjects, residing in Great Britain, Ireland, or the British Colonies or Plantations in the West-Indies, for or on account of any such estates, effects, or debts, or in consequence of any orders given for that purpose, before the 21st day of December, one thousand seven hundred and seventy-five, provided proof thereof shall be made, on oath of the parties to whom such goods, merchandise, or effects, shall be consigned, or otherwise to the satisfaction of the Judge or Court before whom any seizure of such goods, merchandise, or effects, shall be depending, anything herein contained to the contrary notwithstanding. XXXIX. Provided always, and it is hereby further enacted by the authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to any ship or vessel the property of any person or persons residing in the said Colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower Counties on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, or Georgia, which, on or before the 1st day of January, one thousand seven hundred and seventy-six, shall have sailed from any port or place in Europe where such ship or vessel might lawfully trade; or which on or before the said 1st day of January, one thousand seven hundred and seventy-six, shall be actually laden in any such port or place for Great Britain or Ireland, with such goods and merchandises as such ship or vessel might lawfully so transport; nor to any such ship or vessel as shall, on the said 1st day of January, one thousand seven hundred and seventy-six, remain in any port of Great Britain or Ireland, anything herein contained to the contrary thereof in anywise notwithstanding. XL. Provided also, and it is hereby further enacted by the authority aforesaid, That nothing in this act contained shall extend, or be construed to extend, to any ship or vessel, being the property of any of the inhabitants of the Island of Nantucket, employed in the whale fishery only, if it shall appear by the papers on board that such ship or vessel was fitted and cleared out from thence before the 1st day of December, one thousand seven hundred and seventy-five; or if the master, or other person having the charge of any such ship or vessel as aforesaid, shall produce a certificate under the hand and seal of the Governour or Commander-in-Chief of the Province of the Massachusetts-Bay, setting forth that such ship or vessel (expressing her name, and the name of her master, and describing her built and burthen) is the whole and entire property of his Majesty’s subjects of the said Island of Nantucket, and was the property of one or more of them on or before the 25th day of March, one thousand seven hundred and seventy-five. XLI. And whereas, before the passing this act, and since the commencement of the said unnatural rebellion, divers persons, vessels, cargoes, and other effects, may have been seized, detained, examined, searched, damaged, or destroyed, for the publick service, in withstanding or suppressing the said rebellion, Be it further enacted by the authority aforesaid, That all such acts shall be deemed just and legal to all intents, constructions, and purposes whatsoever; and if any action or suit shall be commenced or prosecuted against any person or persons for or by reason of anything so done, or for or by reason of anything done or acted in pursuance of this act, then, and in every such case, such action or suit shall be commenced within six calendar months next after the fact committed, and not afterwards; and the defendant or defendants shall and may plead the general issue, and give this act and the special matter in evidence; and if the act shall appear to have been done for the service of the publick, or in pursuance of and by the authority of this act, or if any such action or suit shall be brought after the time herein-before limited for bringing the same, then the jury shall find for the defendant or defendants; and upon such finding, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his or their action after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs. XLII. And whereas an act was passed in the fourteenth year of the reign of his present Majesty, (intituled, An act to discontinue, in such manner, and for such time, as are therein mentioned, the landing and discharging, lading or shipping, of goods, wares, and merchandise, at the town, and within the harbour of Boston, in the Province of Massachusetts-Bay, in North-America;) and also an act passed in the last session of Parliament, (intituled, An act to restrain the trade and commerce of the Provinces of Massachusetts-Bay and New-Hampshire, and Colonies of Connecticut, and Rhode-Island and Providence Plantation, in North-America, to Great Britain, Ireland, and the British Islands in the West-Indies, and to prohibit such Provinces and Colonies from carrying on any fishery on the banks of Newfoundland, or other places therein mentioned, under certain conditions and limitations;) and also another act passed in the same session, (intituled, An act to restrain the trade and commerce of the Colonies of New-Jersey, Pennsylvania, Maryland, Virginia, and South-Carolina, to Great Britain, Ireland, and the British Islands in the West-Indies, under certain conditions and limitations;) And whereas the prohibitions and restraints imposed by the said acts will be rendered unnecessary by the provisions of this act, Be it therefore enacted by the authority aforesaid, That from and after the 1st day of January, one thousand seven hundred and seventy-six, the said acts shall be, and the same are hereby repealed. XLIII. And be it further enacted by the authority aforesaid, That this act, so far as the same relates to the capture and forfeiture of ships and vessels belonging to the inhabitants of the above-mentioned Colonies, shall, except in the cases herein-before mentioned, commence and be in force from and after the 1st day of January, one thousand seven hundred and seventy-six; and so far as the same relates to the capture and forfeiture of all other ships and vessels that shall be found going to trade in or at any of the said Colonies, from and after the 1st day of February, one thousand seven hundred and seventy-six; and so far as the same relates to the capture and forfeiture of all other ships and vessels that shall be found trading in or at any of the said Colonies, or bound and trading from any port or place in the same, from and after the 25th day of March, one thousand seven hundred and seventy-six; and shall continue to be in force so long as the said Colonies respectively shall remain in a state of rebellion. XLIV. Provided always nevertheless, and it is hereby enacted by the authority aforesaid, That in order to encourage all well-affected persons in any of the said Colonies to exert themselves in suppressing the rebellion therein, and to afford a speedy protection to those who are disposed to return to their duty, it shall and may be lawful to and for any person or persons, appointed and authorized by his Majesty to grant a pardon or pardons to any number or description of persons, by proclamation, in his Majesty’s name, to declare any Colony or Province, Colonies or Provinces, or any County, Town, Port, District, or place, in any Colony or Province, to be at the peace of his Majesty; and from and after the issuing of any such proclamation in any of the aforesaid Colonies or Provinces, or if his Majesty shall be graciously pleased to signify the same by his Royal Proclamation, then, from and after the issuing of such proclamation, this act, with respect to such Colony or Province, Colonies or Provinces, County, Town, Port, District, or place, shall cease, determine, and be utterly void; and if any captures shall be made, after the date and issuing of such proclamations, of any ships or vessels, and their cargoes, belonging to the inhabitants of any such Colony or Province, Colonies or Provinces, County, Town, Port, District, or place, or of any ships trading to or from such Colony or Province, Colonies; or Provinces respectively, the same shall be restored to the owners of such ships or vessels, upon claim being entered, and due proof made of their property therein, and the captors shall not be liable to any action for seizing or detaining the said ships or vessels, or their cargoes, without proof being made that they had actual notice of such proclamation having been issued. XLV. Provided always, That such proclamation or proclamations shall not discharge or suspend any proceeding upon any capture of any such ship or vessel made before the date and issuing thereof. |
| From American Archives, Fourth Series, Volume V, 1833, Published by M. St. Clair Clarke and Peter Force, Pages 1666-1676. |
| Following the vote on the Prohibitory Act on 15 December 1775, by the House of Lords, eight of the Lords submitted a Protest. The articles of that Protest are transcribed below. |
| Dissentient.
1. Because this bill, by considering the Colonies in America as a foreign nation, and declaring war on them in that character, has a direct tendency to effect an entire and (we fear) permanent separation between the two capital parts of this empire. It is new to behold a nation making a separation of its parts by a law, in hopes of reuniting them by a treaty. The sovereign power has hitherto always regarded rebellion as the criminal act of individuals, and not the hostility of any great collective body of the community. The framers of this bill admit the principle in its full force; although by all the provisions they everywhere contradict it; for whilst the clauses of the bill consign all to punishment, the preamble only declares that many are guilty; the Legislature choosing to be considered rather as unjust to particulars, than confess itself to be universally odious. The English on both sides of the ocean are now taught, by act of Parliament, to look on themselves as separate nations, nations susceptible of general hostility, and proper parties for mutual declarations of war and treaties of peace. We are by this act preparing their minds for that independence which we charge them with affecting; whilst we drive them to the necessity of it by repeated injuries. 2. Because this bill enables and encourages the Navy of England to make an indiscriminate prey of the property of English subjects trading to or from the Colonies, (even of the ships which lie quiet in the American ports,) without regarding whether that property belongs to friends or enemies, to the dutiful or to the disobedient. This plan of promiscuous rapine (unworthy of the wisdom and decorum of Government) must complete what yet remains to be completed of the union in North-America against the authority of Parliament. Parliament, in this bill, seems much more inclined to distress than able or willing to protect. In North-America the refractory and submissive may be blended together. In the West-Indies all are innocent; but all are doomed to a much more severe and much more certain punishment than falls upon the most guilty in North-America. The whole accommodation, if not the immediate subsistence of the West-India Islands, depends on a commercial connection with the Continent, from which, by this bill, they are expressly restrained. One of the chief and much the most plausible of the complaints made last year against the North-American Colonies, was a resolution on their part to withhold supply from the Sugar Plantations; but this year we have made ourselves to adopt and sanctify that very conduct which we had painted to the world in such odious colours. It must appear as if this bill was purposely made against the West-Indies; and lest the people of the United Colonies might return to sentiments of fraternal affection, or from motives of self-interest, or from impatience of so hard a restraint, should disobey or elude the orders of the Congress, and afford relief to our innocent planters in the West-Indies, it seems as if an act of the British Parliament came in aid of that authority, and provided that no supply whatsoever shall be carried to the West-Indies contrary to the resolution of the Congress. 3. Because this bill greatly exceeds in violence the pattern of injustice which it seems to follow. In some respects the prohibition of the Congress materially differed from the prohibition of this bill: theirs was not immediate. Time was given to the West Indies for supply, both from America and other places. No confiscations were made. We, on the other hand, have permitted the trade from America, as long as it was necessary to save ourselves from famine, and to enable the Colonists to pay their debts. This supply they have made plentifully, and many of these debts they have discharged most honourably. In return for this, to us useful and honourable behaviour, Ministry, abusing the bounty of Providence, on the first restoration of domestick plenty has fabricated a bill for seizing American vessels now trading under the faith of an act of Parliament; no ship of theirs being suffered to return to its own country, either from hence or from the West-Indies. 4. Because the bill, not satisfied with making predatory war upon the trade of the Colonies, thinks it necessary to stimulate particular avarice and rapacity to an activity in such service, by rendering captures of North-American vessels and goods the property of the captors. This regulation is now, for the first time by any regular authority in this kingdom, to be adopted in a civil contention. We consider this method of holding out the spoil of their fellow-citizens for the reward of alacrity in civil wars, as a source of the most dangerous corruption that can be conceived; in the first instance to our Navy, and in, its consequence to our Army. A number of bold enterprising men, trained to the profession of arms, with fortunes to make, and promotion to be obtained, are naturally lovers of war. , When they have once tasted of emoluments from domestick spoil, they will no longer look on the commerce of England as an object of protection, but of plunder. They will see the prosperous state of peaceful domestick industry, not with pleasure, but with envy. They will be taught to wish for those lucrative civil commotions, which they will always have the means of provoking. Our soldiers in the land service will see no reason for their being distinguished from the marine; and they will call for the plunder of English trading towns, when they see that the seamen have been indulged in the plunder of English trading ships. It never can be safe for a State to hold out an interest in disturbing it, to those who have the sword in their hand. The greatest republick of which history gives us any knowledge, was subverted by this license of domestick plunder. We are perfectly assured, that the Navy of England wants no such unnatural and impious encouragement towards the performance of any duty which their known publick spirit, and yet uncorrupted honour, may make it fit for them to perform. And it is no less on theirs, than on the publick account, a matter of the most serious affliction to us, that a service always looked upon, (and hitherto most justly,) not only without fear or jealousy, but with the most partial affection in every part of this empire, should be unnecessarily exposed to the lasting odium which must attend those who are enriched from the spoils of citizens, amongst whom they may be obliged to spend their lives, and form their connections. Civil wars (when they must be made) should be made in such a manner as not to render the return to peace and cordiality impracticable. If the spoil ordered by this act had been left in the Crown, the Crown might use it as an encouragement for a return to obedience, and as a means of future peace. It is now only a provocation, through despair and resentment, to perpetual hostility. We cannot possibly discern how any necessary operation of war is strengthened by this disgrace of the legislature. But if the arms now used should succeed so as to enforce a temporary and reluctant obedience, we see but too well that this bill will leave such a sting in the minds of the Colonists, as to render our government there hated and suspected, and therefore forever precarious. 5. Because this bill, by anticipating all legal judgment of the offences of those whose goods are forfeited, overturns one of the most excellent and profoundly considered parts of that fundamental law, the Declaration of Rights, which declares, 'that all grants of fines and forfeitures of particular persons before conviction, are illegal and void.' This provision is expressly made, lest rapacious Ministers, scenting confiscation, or rapacious soldiers, allured by the lust of plunder, should be induced to forge or provoke plots and rebellions, in order to enrich themselves out of the publick disorders. 6. Because very extensive commercial property of British subjects (implicated by the nature of commercial intercourse with that of innocent Englishmen residing here) is to be taken out of the equitable jurisdiction of the common law of England, and from that inestimable birthright of the subjects of this kingdom, a trial by Jury, and carried to the Court of Admiralty, to be tried by a single Judge, on the rules of an arbitrary foreign law. 7. Because the whole scheme of this pedatory war for private lucre, is put under the arbitrary direction of certain Commissioners, to us unknown even by name; who have power to give such continuance to the ravages authorized by this bill as their arbitrary will shall suggest; to pardon, or except from pardon, any number or description of persons, and with such exceptions as they shall see fit, without any other rule than their own private opinion, fancy, caprice, favour, or resentment; and without any other rule, to open or keep shut any Colony, Province, County, Town, District, or place. We are of opinion, that the power left to the said Commissoners is perfectly unjustifiable and unconstitutional; it has, besides, a tendency to create the most shameful and mischievous monopolies. The power given to the Admiralty and to the West-India Governours, to license ships, is of the same nature. If such monopolies and jobs should not arise from such powers, it is no fault of this bill, which, as if it had these purposes in view, has taken special care to provide as strong a temptation as human nature, set above law and restraint, and furnished with every facility to corruption, can possibly be exposed to. 8. Because we know nothing of the business of these Commissioners, further than the above arbitrary discretion with regard to pardons. Rumour gives out, that they are to have a power to treat with the Americans for a redress of their grievances. Of this, however, neither the speech from the Throne nor the bill have given the least intimation; although, if the Commissioners treat on this subject at all, acts and powers of Parliament being the matter of complaint, the Commissioners ought to derive some previous authority from Parliament in order to give weight and efficacy to their negotiations, and to preserve some appearance of dignity in ourselves. It is hardly proper that Parliament should appear in no other light than as the instrument of penal restrictions, attainder, penalties, and confiscations; as the maker of menacing addresses, and the rejecter of dutiful petitions. It is hardly decent to show ourselves fierce and inflexible here, but to be satisfied with permitting unknown persons, whom Ministers shall choose in future to appoint, to dispose, in America, of powers and acts of Parliament at their pleasure; leaving us, first, the odium of rejecting reasonable requests, and afterwards the disgrace of ratifying shameful concessions. 9. Because we reject, with indignation, that clause of this bill which, by a refinement in tyranny, and in a sentence worse than death, obliges the unhappy men who shall be made captives in this predatory war, to bear arms against their families, kindred, friends, and country; and after being plundered themselves, to become accomplices in plundering their brethren. If there exists a doubt whether to justify the infliction of capital punishment on desertion, it should be necessary to prove that a seaman was a pressed man or a volunteer. The object of this clause is to deprive the American seaman of the plea of his being a pressed man, as it declares 'that he is to be considered, to all intents and purposes, as having entered voluntarily into the service.' By this clause, not only common seamen, but masters of vessels, are, without regard to age or circumstances or condition, to be ignominiously turned before the mast, and subjected to the austere discipline of the boatswain. Persons, in that subordinate station, not being animated with the liberal and ingenuous spirit which distinguishes officers in the Navy, and taught to consider these forced volunteers as Rebels, will be but too apt to aggravate the miseries of captivity by insult and outrage. These prisoners, among the comrades they are obliged to live and serve with, may, very probably, be often forced to behold the spoils of their honest industry, and the natural support of their sober families, squandered in riot and profligate debauchery before their faces. This, we look upon as the last degree of wretchedness and indignity to which human nature can be subjected. This cruelty, unknown to the most savage nations, is to be practised by Englishmen on Englishmen. It has been said in Parliament, that the pay the prisoners are to receive is to be considered as a full compensation for the principles they are obliged to violate. We do not envy any one that sentiment. An attempt is also made to justify it by the supposed right of pressing. We cannot conceive that the burdens of subjection ought ever to be imposed where the protection belonging to it is denied; or that a man can ever be despoiled of his goods as a foreign enemy, and at the same time obliged to serve the State as a citizen. This compulsion we have never heard to be practised on any prisoners in war or in rebellion; nor do we know any example of it, except among pirates ~ the outlaws and enemies of human society. 10. Because a bill so unprecedented in its nature, and so important in its consequences, is brought in at a time of year when, by experience, it is known that most of the independent members of both Houses are called away by their domestick affairs, and when few but those in the immediate pay of the Court, and attending on their employments, are in town. This we conceive to be done in order to impress the publick with a delusive idea that those measures are agreeable to greater numbers in both Houses than in reality they are. The only part of this bill which we approve is, the repeal of the unjust and improvident acts which have produced all the evil effects we had foreseen, and none of the good which was pretended as the ground for making them; acts as unfit for, as incapable of, execution. But, to our inexpressible grief, and to the disgrace of the publick counsels of this kingdom, Ministers, untaught by misfortunes, and unchecked by disappointments, at the very instant they are obliged to demolish the old fabrick of their oppression, as useless and mischievous, are building up another on nearly the same model, and with the same materials, adding only something more of that injustice and violence which have always proved mischievous in proportion as they have been augmented. ABERGAVENNY, ROCKINGHAM, MANCHESTER, ABINGDON, RICHMOND, PONSONBY, FITZWILLIAM, CHEDWORTH. |
| From American Archives, Fourth Series, Volume VI, 1833, Published by M. St. Clair Clarke and Peter Force, Pages 225-228. |
