of our warr or peace leagues ayds charges and numbers of men for warr, division of spoyles and whatsoever is gotten by conquest receiveing of more Confederats for plantations into combination with any of the confederates, and all thinges of like nature, which are the proper concomitants or consequents of such a Confederation for amytie offence and defence not intermedleing with the government of any of the Jurisdictions, which by the third Article is preserved entirely to themselves. . . any six of the eight agreeing shall have power to settle and determine the businesse in question; But if six do not agree that then such propositions with their reasons so farr as they have beene debated, be sent and referred to the foure general Courts viz the Mattachusetts, Plymouth, Connecttacut, and New Haven; And if at all the said General Courts the businesse so referred be concluded, then to be prosecuted by the Confederates and all their members It is further agreed that these eight Comissioners shall meete once every yeare besides extreordinary meetings (according to the fift Article) to consider treate and conclude of all affaires belonging to this Confederation which meeting shall ever be the first Thursday in September... 7 It is further agreed that at each meeting of these eight Comissioners whether ordinary or extraordinary they orr six of them agreeing as before, may chose their President out of themselves... but he shalbe invested with no such power or respect, as by which he shall hinder the propounding or progresse of any businesse or any way cast the scales otherwise then in the precedent Article is agreed. 8 It is also agreed that the Comissioners for this Confederation hereafter at their meetings,.. do endeavoure to frame and establish agreements and orders in generall cases of a civill nature, wherein all the Plantations are interressed for preserving of peace among themselves, for preventing as much as may bee all occations of warr or differrences with others, as about the free and speedy passage of justice in every Jurisdiction, to all the Confederats equally as to their owne, receiveing those that remoove from one plantation to another without due certe fycates, how all the Jurisdictions may carry it towards the Indians, that they neither grow insolent nor be injured without due satisfaction, lest warr break in upon the Confederates through such miscarryages. It is also agreed that if any servant runnaway from his master into any other of these confederated Jurisdictions, That in such case upon the Certyficate of one Magestrate in the Jurisdiction out of which the said servant fled or upon other due proofe; the said servant shalbe delivered, either to his Master or any other that pursues and brings such Certificate or proofe. And that upon the escape of any prisoner whatsoever, . . upon the certificate of two Magestrats of the Jurisdiction out of which the escape is made,.. The Magistrates,.. of that Jurisdiction where for the present the said prisoner or fugitive abideth, shall forthwith graunt such a warrant as the case will beare for the apprehending . . . and the delivery of him into the hands of the officer, or other person who pursues him And if there be help required for the safe returneing of any such offendor, then it shalbe graunted to him that craves they same he payinge the charges thereof. 9 And for that the justest warrs may be of dangerous consequence, especially to the smaler Plantations in these united Colonies, It is agreed that neither the Massachusetts, Plymouth Connectacutt, nor New Haven,.. shall at any tyme hereafter... engage... in any warr whatsoever (sudden exegents, with the necessary consequents thereof excepted)... without the consent and agreement of the forementioned. eight Comissioners, or at least six of them, as in the sixt Article is provided: And that no charge be required of any of the Confederates in case of a defensive warr, till the said Comissioners have mett, and approved the justice of the warr, and have agreed upon the sum of money to be levyed, which sum is then to be paid by the severall Confederates in proportion according to the fourth Article. 10 That in extraordinary occations when meettings are summoned by three Magistrats of any Jurisdiction, or two as in the fift Article If any of the Comissioners come not due warneing being given or sent It is agred that foure of the Comissioners shall have power to direct a warr which cannot be delayed, and to send for due proportions of men out of eich Jurisdiction, as well as six might doe if all mett; but not lesse then six shall determine the justice of the warr, or allow the demaunds or bills of charges, or cause any levies to be made for the same II It is further agreed that if any of the Confederates shall hereafter break any of these present Articles, or be any other wayes injurious to any one of thother Jurisdictions; such breach of agreement, or injurie shalbe duly considered and ordered by the Comissioners for thother Jurisdictions, that both peace and this present confederation may be entirely preserved without violation. 12 Lastly this perpetual Confederation and the severall Articles and agreements thereof being read and seriously considered, both by the general Court for the Massachusetts, and by the Comissioners for Plymouth Connecticut, and New Haven were fully allowed and confirmed... 8. THE NAVIGATION ACTS THE FIRST NAVIGATION ACT, 1660 This act, like its predecessor, passed under the government of the Commonwealth in 1651, was intended to put in force the principles of political economy, ordinarily alluded to as Mercantilism; subjection of the colonies to the interest of the commerce and navigation of the empire. Successive acts were passed in 1663 and 1672. Pickering, Statutes at Large, Vol. 7, pp. 452-459, Vol. 8, pp. 161-162, 398-399. Cambridge, 1763. FOR the increase of shipping and encouragement of the navigation of this nation, wherein, under the good providence and protection of God, the wealth, safety and strength of this kingdom is so much concerned; (2) be it enacted by the King's most excellent majesty, and by the lords and commons in this present parliament assembled, and by the authority thereof, That from and after the first day of December one thousand six hundred and sixty,.. no goods or commodities whatsoever shall be imported into or exported out of any lands, islands, plantations or territories to his Majesty belonging... in Asia, Africa or America, in any other... ships... but in such... as do... belong only to the people of England or Ireland... Wales or town of Berwick upon Tweed, or are... belonging to... the said lands, islands, plantations or territories, as the proprietors and right owners thereof, and whereof the master and three fourths of the mariners at least are English; (3) under the penalty of the forfeiture and loss of all the goods and commodities which shall be imported into or exported out of any the aforesaid places . . . as also of the ship or vessel, with all its guns, furniture... and apparel; one third part thereof to his Majesty, . . one third part to the governor of such land, . . where such default shall be committed, in case the said ship or goods be there seized, or otherwise that third part also to his Majesty,.. and the other third part to him or them who shall . . . inform ... for the same... (4) and all . . . commanders. . . of any the ships of war or other ship having commission from his Majesty . . . are... strictly required to seize and bring in as prize all such ships or vessels as shall have offended contrary hereunto, and deliver them to the court of admiralty, there to be proceeded against... II. And be it enacted, That no alien... shall... after the first day of February,.. one thousand six hundred sixty-one, exercise the trade or occupation of a merchant or factor in any the said places; (2) upon pain of the forfeiture and loss of all his goods and chattels, or which are in his possession... (3) and all governors of the said lands...are hereby strictly required and commanded,.. to do their utmost, that every the aforementioned clauses, and all the matters and things therein contained, shall be punctually and bona fide observed according to the true intent and meaning thereof... III. And it is further enacted by the authority aforesaid, That no goods or commodities whatsoever, of the growth, production or manufacture of Africa, Asia or America... be imported into England, Ireland or Wales, islands of Guernsey and Jersey, or town of Berwick upon Tweed, in any other ship or ships,.. but in such as do truly... belong... to the people of England or Ireland, dominion of Wales, or town or Berwick upon Tweed, or of the lands... or territories in Asia, Africa or America, to his Majesty belonging... and whereof the master, and three fourths at least of the mariners are English; (2) under the penalty of the forfeiture of all such goods and commodities, and of the ship or vessel in which they were imported, with all her guns, tackle, furniture, ammunition and apparel; .. IV. And it is further enacted by the authority aforesaid, That no goods or commodities that are of foreign growth, production or manufacture, and which are to be brought into England, Ireland, Wales, the islands of Guernsey and Jersey, or town of Berwick upon Tweed, in English-built shipping,.. shall be shipped or brought from any other place or places... but... from those of the said growth, production or manufacture, or from those ports where the said goods and commodities... usually have been, first shipped for transportation, .. XII. Provided always, That this act,.. extend not, or be meant, to restrain and prohibit the importation of any the commodities of the Streights or Levant-Seas, loaden in English built shipping, and whereof the master and three fourths of the mariners at least are English, from the usual ports or places for lading of them heretofore within the said Streights... though the said commodities be not of the very growth of the said places. XIII. Provided also, That this act... extend not, . . to restrain the importing of any East-India commodities loaden in English built shipping,.. from the usual place... for lading of them in any part of those seas, to the southward and eastward of Cabo bona Esperanza, although the said ports be not the very places of their growth. XIV. Provided also, That it shall... be lawful... for any of the people of England, Ireland, Wales, islands of Guernsey or Jersey, or town of Berwick upon Tweed, in vessels or ships to them belonging, . . to... bring in from any of the ports of Spain or Portugal, or... Azores, or Madera or Canary islands, all sorts of goods or commodities of the growth production or manufacture of the plantations or dominions of either of them respectively... XVIII. And it is further enacted... That... after the first day of April,.. one thousand six hundred sixty-one, no sugars, tobacco, cotton-wool, indicoes, ginger, fustick, or other dying wood, of the... production... of any English plantations in America, Asia, or Africa, shall be shipped,.. from any of the said English plantations to any land... whatsoever, other than to such other English plantations as do belong to his Majesty or to the kingdom of England or Ireland, or principality of Wales, or town of Berwick upon Tweed there to be laid on shore... ... XIX. And be it further enacted... That for every ship... which ...after the five and twentieth day of December... one thousand six hundred and sixty shall set sail... from England, Ireland, Wales, or town of Berwick upon Tweed, for any English plantation in America, Asia or Africa, sufficient bond shall be given. to the value of one thousand pounds, if the ship be of less burthen than one hundred tons; and of the sum of two thousand pounds, if the ship shall be of greater burthen; that in case the said ship... shall load any of the said commodities at any of the said English, plantations, that the same commodities shall be by the said ship brought to some port of England, Ireland, Wales, or to the port or town of Berwick upon Tweed, and shall there unload and put on shore the same, the danger of the seas only excepted; .. THE SECOND NAVIGATION ACT, 1663 V. And in regard his Majesty's plantations beyond the seas are inhabited and peopled by his subjects of this his kingdom of England; for the maintaining a greater correspondence and kindness between them, and keeping them in a firmer dependance upon it,.. and making this kingdom a staple, not only of the commodities of those plantations, but also of the commodities of other countries and places, for the supplying of them; and it being the usage of other nations to keep their plantations track to themselves. VI. Be it enacted, and it is hereby enacted, That from and after the five and twentieth day of March one thousand six hundred sixtyfour, no commodity of the growth, production or manufacture of Europe, shall be imported into any land... or place to his Majesty belonging,.. in Asia, Africa or America, (Tangier only excepted) but |