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The Navigation Act
[Oct. 9，1651.Scobell’s Acts of Parliament，pt. ii，p. 176.See Commonwealth and Protectorate，ii. 147.]
[Cap. 22.] Goods from Foreign parts by whom to be imported.
For the increase of the shipping and the encouragement of the navigation of this nation，which under the good providence and protection of God is so great a means of the welfare and safety of this Commonwealth：be it enacted by this present Parliament，and the authority thereof，that from and after the first day of December，one thousand six hundred fifty and one，and from thence forwards，no goods or commodities whatsoever of the growth，production or manufacture of Asia，Africa or America，or of any part thereof；or of any islands belonging to them，or which are described or laid down in the usual maps or cards of those places，as well of the English plantations as others，shall be imported or brought into this Commonwealth of England，or into Ireland，or any other lands，islands，plantations，or territories to this Commonwealth belonging，or in their possession，in any other ship or ships，vessel or vessels whatsoever，but only in such as do truly and without fraud belong only to the people of this Commonwealth，or the plantations thereof，as the proprietors or right owners thereof；and whereof the master and mariners are also for the most part of them of the people of this Commonwealth，under the penalty of the forfeiture and loss of all the goods that shall be imported contrary to this act；as also of the ship（with all her tackle，guns and apparel）in which the said goods or commodities shall be so brought in and imported；the one moiety to the use of the Commonwealth，and the other moiety to the use and behoof of any person or persons who shall seize the goods or commodities，and shall prosecute the same in any court of record within this Commonwealth.
And it is further enacted by the authority aforesaid，that no goods or commodities of the growth，production，or manufacture of Europe，or of any part thereof，shall after the first day of December，one thousand six hundred fifty and one，be imported or brought into this Commonwealth of England，or into Ireland，or any other lands，islands，plantations or territories to this Commonwealth belonging，or in their possession，in any ship or ships，vessel or vessels whatsoever，but in such as do truly and without fraud belong only to the people of this Commonwealth，as the true owners and proprietors thereof，and in no other，except only such foreign ships and vessels as do truly and properly belong to the people of that country or place，of which the said goods are the growth，production or manufacture；or to such ports where the said goods can only be，or most usually are first shipped for transportation；and that under the same penalty of forfeiture and loss expressed in the former branch of this Act，the said forfeitures to be recovered and employed as is therein expressed.
And it is further enacted by the authority aforesaid，that no goods or commodities that are of foreign growth，production or manufacture，and which are to be brought into this Commonwealth in shipping belonging to the people thereof，shall be by them shipped or brought from any other place or places，country or countries，but only from those of their said growth，production，or manufacture，or from those ports where the said goods and commodities can only，or are，or usually have been first shipped for transportation；and from none other places or countries，under the same penalty of forfeiture and loss expressed in the first branch of this Act，the said forfeitures to be recovered and employed as is therein expressed.
And it is further enacted by the authority aforesaid，that no sort of cod-fish，ling，herring，pilchard，or any other kind of salted fish，usually fished for and caught by the people of this nation；nor any oil made，or that shall be made of any kind of fish whatsoever，nor any whale-fins，or whale-bones，shall from henceforth be imported into this Commonwealth or into Ireland，or any other lands，islands，plantations，or territories thereto belonging，or in their possession，but only such as shall be caught in vessels that do or shall truly and properly belong to the people of this nation，as proprietors and right owners thereof；and the said fish to be cured，and the oil aforesaid made by the people of this Commonwealth，under the penalty and loss expressed in the first branch of this present Act；the said forfeit to be recovered and employed as is there expressed.
And it is further enacted by the authority aforesaid，that no sort of cod，ling，herring or pilchard，or any other kind of salted fish whatsoever，which shall bo caught and cured by the people of this Commonwealth，shall be from and after the first of February，one thousand six hundred fifty three，exported from any place or places belonging to this Commonwealth，in any other ship or ships，vessel or vessels，save only in such as do truly and properly appertain to the people of this Commonwealth，as right owners；and whereof the master and mariners are for the most part of them English，under the penalty and loss expressed in the said first branch of this present Act；the said forfeit to be recovered and employed as is there expressed.
Provided always，that this Act，nor anything therein contained，extend not，or be meant to restrain the importation of any of the commodities of the Straits[2] or Levant seas，laden in the shipping of this nation as aforesaid，at the usual ports or places for lading of them heretofore，within the said Straits or Levant seas，though the said commodities be not of the very growth of the said places.
Provided also，that this Act nor anything therein contained，extend not，nor be meant to restrain the importing of any East India commodities laden in the shipping of this nation，at the usual port or places for lading of them heretofore in any part of those seas，to the southward and eastward of Cabo Bona Esperanza，although the said ports be not the very places of their growth.
Provided also，that it shall and may be lawful to and for any of the people of this Commonwealth，in vessels or ships to them belonging，and whereof the master and mariners are of this nation as aforesaid，to load and bring in from any of the ports of Spain and Portugal，all sorts of goods or commodities that have come from，or any way belonged unto the plantations or dominions of either of them respectively.
Be it also further enacted by the authority aforesaid，that from henceforth it shall not be lawful to any person or persons whatsoever to load or cause to be laden and carried in any bottom or bottoms，ship or ships，vessel or vessels，whatsoever，whereof any stranger or strangers born（unless such be denizens or naturalized）be owners，or masters，any fish，victual，wares，or things of what kind or nature soever the same shall be，from one port or creek of this Commonwealth，to another port or creek of the same，under penalty to every one that shall offend contrary to the true meaning of this branch of this present Art，to forfeit all the goods that shall be so laden or carried，as also the ship upon which they shall be so laden or carried，the same forfeit to be recovered and employed as directed in the first branch of this present Act.
Lastly，that this Act nor anything therein contained，extend not to bullion，nor yet to any goods taken，or that shall be taken by way of reprisal by any ship or ships，having commission from this commonwealth.
Provided，that this Act，or anything therein contained，shall not extend，nor be construed to extend to any silk or silk wares which shall be brought by laud from any part of Italy，and there bought with the proceed of English commodities，sold either for money or in barter：but that it shall and may be lawful for any of the people of this Commonwealth to ship the same in English vessels from Ostend，Nieuport，Rotterdam，Middelburg，Amsterdam，or any ports thereabouts，the owners and proprietors first making oath by themselves，or other credible witnesses，before the Commissioners of the Customs for the time being or their deputies，or one of the Barons of the Exchequer，that the goods aforesaid were so bought for his or their own proper account in Italy.
I.（1）For the increase of shipping and encouragement of the navigation of this nation wherein，under the good providence and protection of God，the wealth，safety，and strength of this kingdom is so much concerned；（2）be it enacted by the kings most excellent Majesty，and by the Lords and Commons in this present Parliament assembled，and by the authority thereof，that from and after the first day of December，one thousand six hundred and sixty，and from thence forward，no goods or commodities whatsoever shall be imported into or exported out of any lands，islands，plantations，or territories to his Majesty belonging or in his possession，or which may hereafter belong unto or be in the possession of his Majesty，his heirs，and successors，in Asia，Africa，or America，in any other ship or ships，vessel or vessels whatsoever，but in such ships or vessels as do truly and without fraud belong only to the people of England or Ireland，dominion of Wales or town of Berwick upon Tweed，or are of the built of and belonging to any the said lands，islands，plantations，or territories，as the proprietors and right owners thereof，and whereof the master and three fourths of the mariners at least are English；（3）under the penalty of the forfeiture and loss of all the goods and commodities which shall be imported into or exported out of any the aforesaid places in any other ship or vessel，as also of the ship or vessel，with all its guns，furniture，tackle，ammunition，and apparel；one third part thereof to his Majesty，his heirs and successors；one third part to the governor of such land，plantation，island，or territory where such default shall be committed，in case the said ship or goods be there seized，or otherwise that third part also to his Majesty，his heirs and successors；and the other third part to him or them who shall seize，inform，or sue for the same in any court of record，by bill，information，plaint，or other action，wherein no essoin，protection，or wager of law shall be allowed；（4）and all admirals and other commanders at sea of any the ships of war or other ship having commission from his Majesty or from his heirs or successors，are hereby authorized and strictly required to seize and bring in as prize all such ships or vessels as shall have offended contrary hereunto，and deliver them to the court of admiralty，there to be proceeded against；and in case of condemnation，one moiety of such forfeitures shall be to the use of such admirals or commanders and their companies，to be divided and proportioned amongst them according to the rules and orders of the sea in case of ships taken prize；and the other moiety to the use of his Majesty，his heirs and successors.
II.（1）And be it enacted，that no alien or person not born within the allegiance of our sovereign lord the king，his heirs and successors，or naturalized，or made a free denizen，shall from and after the first day of February，which will be in the year of our Lord one thousand six hundred sixty-one，exercise the trade or occupation of a merchant or factor in any the said places；（2）upon pain of the forfeiture and loss of all his goods and chattels，or which are in his possession；one third to his Majesty，his heirs and successors；one third to the governor of the plantation where such person shall so offend；and the other third to him or them that shall inform or sue for the same in any of his Majestys courts in the plantation where such offence shall be committed；（3）and all governors of the said lands，islands，plantations，or territories，and every of them，are hereby strictly required and commanded，and all who hereafter shall be made governors of any such islands，plantations，or territories，by his Majesty，his heirs or successors，shall before their entrance into their government take a solemn oath to do their utmost，that every the afore-mentioned clauses，and all the matters and things therein contained，shall be punctually and bona fide observed according to the true intent and meaning thereof；（4）and upon complaint and proof made before his Majesty，his heirs or successors，or such as shall be by him or them thereunto authorized and appointed，that any the said governors have been willingly and wittingly negligent in doing their duty accordingly，that the said governor so offending shall be removed from his government.
III.（1）And it is further enacted by the authority aforesaid，that no goods or commodities whatsoever，of the growth，production or manufacture of Africa，Asia，or America，or of any part thereof，or which are described or laid down in the usual maps or cards of those places，be imported into England，Ireland，or Wales，islands of Guernsey and Jersey，or town of Berwick upon Tweed，in any other ship or ships，vessel or vessels whatsoever，but in such as do truly and without fraud belong only to the people of England or Ireland，dominion of Wales，or town of Berwick upon Tweed，or of the lands，islands，plantations or territories in Asia，Africa，or America，to his Majesty belonging，as the proprietors and right owners thereof，and whereof the master，and three fourths at least of the mariners are English；（2）under the penalty of the forfeiture of all such goods and commodities，and of the ship or vessel in which they were imported，with all her guns，tackle，furniture，ammunition，and apparel；one moiety to his Majesty，his heirs and successors；and the other moiety to him or them who shall seize，inform or sue for the same in any court of record，by bill，information，plaint or other action wherein no essoin，protection or wager of law shall be allowed.
XVIII.（1）And it is further enacted by the authority aforesaid，that from and after the first day of April，which shall be in the year of our Lord one thousand six hundred sixty-one，no sugars，tobacco，cotton-wool，indigoes，ginger，fustic，or other dyeing wood，of the growth，production，or manufacture of any English plantations in America，Asia，or Africa，shall be shipped，carried，conveyed，or transported from any of the said English plantations to any land，island，territory，dominion，port，or place whatsoever，other than to such other English plantations as do belong to his Majesty，his heirs and successors，or to the kingdom of England or Ireland，or principality of Wales，or town of Berwick upon Tweed，there to be laid on shore；（2）under the penalty of the forfeiture of the said goods，or the full value thereof，as also of the ship，with all her guns，tackle，apparel，ammunition，and furniture；the one moiety to the kings Majesty，his heirs and successors，and the other to moiety to him or them that shall seize，inform，or sue for the same in any court of record，by bill，plaint，or information，wherein no ession，protection，or wager of law shall be allowed.
XIX.（1）And be it further enacted by the authority aforesaid，that for every ship or vessel，which from and after the five and twentieth day of December in the year of our Lord one thousand six hundred and sixty shall set sail out of or from England，Ireland，Wales，or town of Berwick upon Tweed，for any English plantation in America，Asia，or Africa，sufficient bond shall be given with one surety to the chief officers of the custom-house and such port of place from whence the said ship shall set sail，to the value of one thousand pounds，if the ship be of less burden that one hundred tons；and of the sum of two thousand pounds，if the ship shall be of greater burden；that in case the said ship or vessel shall load any of the said commodities at any of the said English plantations，that the same commodities shall be by the said ship brought to some port of England，Ireland，Wales，or to the port or town of Berwick upon Tweed，and shall there unload and put on shore the same，the danger of the seas only expected；（2）and for all ships coming from any other port or place to any of the aforesaid plantations，who by this act are permitted to trade there，that the governor of such English plantations shall before the said ship or vessel be permitted to load on board any of the said commodities，take bond in manner and to the value aforesaid，for each respective ship or vessel，that such ship or vessel shall carry all the aforesaid goods that shall be laden on board in the said ship to some other of his Majestys English plantations，or to England，Ireland，Wales，or town of Berwick upon Tweed；（3）and that every ship or vessel which shall load or take on board any of the aforesaid goods，until such bond given to the said governor，or certificate produced from the officers of any custom-house of England，Ireland，Wales，or of the town of Berwick，that such bonds have been there duly given，shall be forfeited with all her guns，tackle，apparel，and furniture，to be employed and recovered in manner as aforesaid；and the said governors and every of them shall twice in every year after the first day of January one thousand six hundred and sixty，return true copies of all such bonds by him so taken，to the chief officers of the custom in London.
Whereas notwithstanding divers acts made for the encouragement of the navigation of this kingdom，. . . great abuses are daily committed to the prejudice of the English navigation，and the loss of a great part of the plantation trade to this kingdom，by the artifice and cunning of ill-disposed persons；for remedy whereof for the future. ……
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II. Be it enacted，. . . that after the five and twentieth day of March，one thousand six hundred and ninety-eight，no goods or merchandises whatsoever shall be imported into，or exported out of，any colony or plantation . . . or shall be laden in，or carried from any one port or place in the said colonies or plantations to any other port or place in the same，the kingdom of England，dominion of Wales，or towns of Berwick upon Tweed，in any ship or bottom but what is or shall be of the built of England，or of the built of Ireland，or the said colonies or plantations，and wholly owned by the people thereof，or any of them，and navigated with the masters and three fourths of the mariners of the said places only（except such ships only as are or shall be taken as prize，and condemnation thereof made in one of the courts of admiralty in England，Ireland，or the said colonies or plantations，to be navigated by the master and three-fourths of the mariners English，or of the said plantations as aforesaid，and whereof the property doth belong to Englishmen；and also except for the space of three years，such foreign built ships as shall be employed by the commissioners of his Majesty’s navy for the time being，or upon contract with them，in bringing only masts，timber，and other naval stores for the king’s service from his Majesty’s colonies or plantations to this kingdom，to be navigated as aforesaid，and whereof the property doth belong to Englishmen），under pain of forfeiture of ship and goods；one third part whereof to be to the use of his Majesty，his heirs and successors，one third part to the governor of the said colonies or plantations，and the other third part to the person who shall inform and sue for the same，by bill，plaint or information，in any of his Majesty’s courts of record at Westminster，or in any court in his Majesty’s plantations，where such offence shall be committed.……
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IV. Colonial governors were required to take an oath by the Navigation Act of 1660 to enforce the clauses of the Act preceding the oath，but were not “strictly obliged by that oath to put in execution the subsequent clauses of the said act，although some of the clauses following are of great importance，and tend greatly to the security of the plantation trade” and since other laws have been passed since then for regulating and securing the plantation trade，all present and future governors and commanders-in-chief in the colonies must take an oath to do their utmost to enforce all the acts of Parliament relating to the colonies and plantations. If any governor or commander-in-chief neglects to take the oath or is “wittingly or willingly negligent” he shall be removed from office and forfeit one thousand pounds sterling.
V. Whereas by the Navigation Act of 1663 colonial governors were empowered to appoint an officer to carry out provisions of the Act，which officer “is there commonly known by the name of the naval officer” and whereas through connivance or negligence，frauds and abuses have been committed，all such officers must give security to the Commissioner of Customs in England for the faithful performance of their duty. Colonial governors are to be answerable for “offenses，neglects or misdemeanours” of persons appointed by them.
VI. And for the more effectual preventing of frauds，and regulating abuses in the plantation trade in America，be it further enacted by the authority aforesaid，that all ships coming into，or going out of，any of the said plantations，and lading or unlading any goods or commodities，whether the same be his Majesty’s ships of war，or merchant ships，and the masters and commanders thereof，and their ladings，shall be subject and liable to the same rules，visitations，searches，penalties，and forfeitures，as to the entering，lading or discharging their respective ships and ladings，as ships and their ladings，and the commanders and masters of ships，are subject and liable unto in this kingdom，by virtue of an act of Parliament made in the fourteenth year of the reign of King Charles the second，entitled，An Act for preventing frauds，and regulating abuses in his Majesty’s customs；and that the officers for collecting and managing his Majesty’s revenue，and inspecting the plantation trade，in any of the said plantations，shall have the same powers and authorities，for visiting and searching of ships，and taking their entries，and for seizing and securing or bringing on shore any of the goods prohibited to be imported or exported into or out of any the said plantations，or for which any duties are payable，or ought to have been paid，by any of the before mentioned acts，as are provided for the officers of the customs in England by the said last mentioned act made in the fourteenth year of the reign of King Charles the second，and also to enter houses or warehouses，to search for and seize any such goods；and that all the wharfingers，and owners of quays and wharfs，or any lightermen，bargemen，watermen，porters，or other persons assisting in the conveyance，concealment or rescue of any of the said goods，or in the hindering or resistance of any of the said officers in the performance of their duty，and the boats，barges，lighters，or other vessels，employed in the conveyance of such goods，shall be subject to the like pains and penalties as are provided by the same act made in the fourteenth year of the reign of King Charles the second，in relation to prohibited or uncustomed goods in this kingdom；and that the like assistance shall be given to the said officers in the execution of their office，as by the said last mentioned act is provided for the officers in England；and also that the said officers shall be subject to the same penalties and forfeitures，for any corruptions，frauds，connivances，or concealments，in violation of any the before mentioned laws，as any officers of the customs in England are liable to，by virtue of the said last mentioned act；and also that in case any officer or officers in the plantations shall be sued or molested for any thing done in the execution of their office，the said officer shall and may plead the general issue，and shall give this or other custom acts in evidence，and the judge to allow thereof，have and enjoy the like privileges and advantages，as are allowed by law to the officers of his Majesty’s customs in England.
VII. And it is hereby further enacted，that all the penalties and forfeitures before mentioned，not in this act particularly disposed of，shall be one third part to the use of his Majesty，his heirs and successors，and one third part to the governor of the colony or plantation where the offence shall be committed，and the other third part to such person or persons as shall sue for the same，to be recovered in any of his Majesty’s courts at Westminster，or in the kingdom of Ireland，or in the court of admiralty held in his Majesty’s plantations respectively，where such offence shall be committed，at the pleasure of the officer of informer，or in any other plantation belonging to any subject of England，wherein no essoin，protection，or wager of law，shall be allowed；and that where any question shall arise concerning the importation or exportation of any goods into or out of the said plantations，in such case the proof shall lie upon the owner or claimer，and the claimer shall be reputed the importer or owner thereof.
VIII. And whereas in some of his Majesty’s American plantations，a doubt or misconstruction has arisen upon the before mentioned act，made in the five and twentieth year of the reign of King Charles the second，whereby certain duties are laid upon the commodities therein enumerated（which by law may be transported from one plantation to another for the supply of each others wants），as if the same were by the payment of those duties in one plantation，discharged from giving the securities intended by the aforesaid acts，made in the twelfth，two and twentieth，and three and twentieth years of the reign of King Charles the second，and consequently be at liberty to go to any foreign market in Europe，without coming to England，Wales，or Berwick；it is hereby further enacted and declared，that notwithstanding the payment of the aforesaid duties in any of the said plantations，none of the said goods shall be shipped or laden on board，until such security shall be given as is required by the said acts，made in the twelfth，two and twentieth and three and twentieth years of the reign of King Charles the second，to carry the same to England，Wales or Berwick，or to some other of his Majesty’s plantations，and so toties quoties，as any of the said goods shall be brought to be reshipped or laden in any of the said plantations，under the penalty and forfeiture of ship and goods，to be divided and disposed of as aforesaid.
IX. And it is further enacted and declared by the authority aforesaid，that all laws，by-laws，usages or customs，at this time，or which hereafter shall be in practice，or endeavoured or pretended to be in force or practice，in any of the said plantations，which are in any wise repugnant to the before mentioned laws，or any of them，so far as they do relate to the said plantations，or any of them，or which are any ways repugnant to this present act，or to any other law hereafter to be made in this kingdom，so far as such law shall relate to and mention the said plantations，are illegal，null and void，to all intents and purposes whatsoever.
X. Great frauds have been committed by Scotchmen and others by counterfeiting certificates of security to bring plantation goods to England or Wales；and certificates of having discharged plantation goods in England or Wales or of having loaded European goods in England or Wales，thereby evading transshipment through England. Therefore it is further enacted that when governors or customs officers in the colonies have reasonable suspicion that certificates of having given security in England are false，they shall require sufficient security for discharge in England or Wales. Where there is cause to suspect that the certificate of having loaded plantation goods in Britain is false，such officers shall not vacate the security given in the plantation until they are informed by the customs commissioners in England that the certificate is true. Persons counterfeiting or altering any such certificate or permit or knowingly use such shall forfeit five hundred pounds and the certificate or permit shall be invalid.
XI. And for the better executing the several acts of Parliament relating to the plantation trade，be it enacted by the authority aforesaid，that the Lord Treasurer，Commissioners of the Treasury，and the Commissioners of the Customs in England for the time being，shall and may constitute and appoint such and so many officers of the customs in any city，town，river，port，harbour or creek，of or belonging to any of the islands，tracts of land and proprieties，when and as often as to them shall seem needful；be it further also enacted，that upon any actions，suits，and informations that shall be brought，commenced，or entered in the said plantations，upon any law or statute concerning his Majesty’s duties，or ships or goods to be forfeited by reason of any unlawful importations or exportations，there shall not be any jury，but of such only as are natives of England or Ireland，or are born in his Majesty’s said plantations；and also that upon all such actions，suits，and informations，the offences may be laid or alleged in any colony，province，county，precinct，or division of any of the said plantations where such offences are alleged to be committed，at the pleasure of the officer or informer.
XII. Provided always，that all places of trust in the courts of law，or what relates to the treasury of the said islands，shall，from the making of this act，be in the hands of the native-born subjects of England or Ireland，or of the said islands.
XIII. By the act of 1670-71，Ireland is left out of the condition of the bonds therein required；that same Act required that prior to loading enumerated goods in the plantation，ships should give bond that all such goods would be carried to another English plantation or to Great Britain. No time limit had been set for returning certificates of proof that goods were discharged as required by the bond，and the sureties for said bonds had often been persons of uncertain and unknown residence，rendering the bonds ineffectual to the intended purposes：it is therefore enacted that in all such bonds hereafter given in the plantations，the sureties are to be persons of known residence and of known ability for the value of the bond. And the condition of the bonds shall be that within 18 months of their date（the danger of the seas expected）certificate be procured that the goods mentioned have been discharged in a proper port.
XIV. Ships carrying American produce have been unloaded in Scotland and Ireland，contrary to existing law，under the pretence they were driven there by weather，lack of provisions，or other cause. After December 1，1696，it shall be unlawful under any pretext to unload in Scotland or Ireland any goods or merchandise the growth or product of the American plantations unless they have first been landed in England or Wales and the proper duties paid. Penalty to be forfeiture of the ship and goods，with three-fourths to the crown and the other fourth to him or them bringing the action.
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XVI. Persons claiming any right or propriety in any islands or tracts of land upon the continent of America，by charter or letters patent，shall not sell them to any other than natural-born subjects of England，Ireland，Wales，or Berwick without prior consent of the Crown by order in council. Governors nominated or appointed by such proprietors to be approved of by the king and take the oaths required of governors in the king’s other colonies，before entering upon the government.
XVII. And for a more effectual prevention of frauds which may be used to elude the intention of this act，by colouring foreign ships under English names；be it further enacted by the authority aforesaid，that from and after the five and twentieth day of March，which shall be in the year of our Lord one thousand six hundred ninety-eight，no ship or vessel whatsoever shall be deemed or pass as a ship of the built of England，Ireland，Wales，Berwick，Guernsey，Jersey，or any of his Majesty’s plantations in America，so as to be qualified to trade to，from，or in any of the plantations，until the person or persons claiming property in such ship or vessel shall register the same . . . with proper proof and oath of ownership as herein prescribed.
XVIII. This oath，attested by the governor or custom officer administering it，shall be registered and delivered to the master of the ship，with a duplicate of the register transmitted for entry in the general register of the customs commissioners in London. After March 25，1698，any ship engaging in trade with the American colonies without such proof shall be liable to such prosecution and forfeiture as any foreign ship（except prizes condemned in the High Court of Admiralty）would be liable to for trading to these plantations.
XIX. Ships taken at sea and condemned as prizes in the High Court of Admiralty to be specially registered，with proper oaths and proof of entire English ownership，before being allowed the privileges of an English built ship.
XX. Provided also，that nothing in this act shall be construed to require the registering any fisher-boats，hoys [coasting vessels]，lighters，barges，or any open boats or other vessels（though of English or plantation built）whose navigation is confined to the rivers or coasts of the same plantation or place where they trade respectively，but only of such of them as cross the seas to or from any of the lands，islands，places，or territories，in this act before recited，or from one plantation to another.
XXI. No ship’s name registered shall be changed without new registration. Such new registration also is required if ownership is transferred to another port. If there is any change of ownership in the same port，by the sale of one or more shares in any registered ship，this is to be acknowledged by endorsement on the registration certificate before two witnesses，to prove that the entire ownership remains English.
S.R. Gardiner， History of the Commonwealth and Protectorate ，Vol.Ⅱ. London，1903.
《航海条例》是英国在历史上多次颁布，旨在打击海上贸易对手荷兰的法律文件。
这一系列条例的最直接影响是引发了素有“海上马车夫”之称的海上霸主荷兰与英国之间长达数十年的三次海上战争。最初的条例颁布于1651年，主要内容有：亚洲、非洲和美洲的商品，必须使用英国的船只才准运入英国、爱尔兰及英国的殖民地；欧洲商品输入英国、爱尔兰和英国殖民地，也必须使用英国船只；其他国家制造的产品，必须经由英国本土而不能直接运往英国殖民地销售；限制殖民地生产与母国英国竞争的产品，例如纺织品和船舶等。
《航海条例》的颁布是有着深刻的历史背景的。当时的荷兰在16世纪完成了世界上最早的资产阶级革命——尼德兰革命，进而摆脱了西班牙的殖民统治，迅速发展，到处扩张掠夺，到17世纪上半叶时已经垄断了海上霸权，殖民地遍布世界各地，典型的就有印度﹑马六甲和中国的台湾等。而英国在16世纪晚期，以1588年击败西班牙的无敌舰队为崛起的标志，撼动了西班牙的海上统治地位，这样英国成为后起的海军强国，与17世纪当时的海上霸主荷兰的矛盾日益尖锐。克伦威尔统治时期，1651年英国政府颁布了直接针对荷兰的《航海条例》。这些规定严重损害了荷兰的海上利益，引发了英荷第一次战争。在战争中英国海军凭借其实力击溃荷兰海军，控制了制海权，这样使得依赖海外贸易生存的荷兰经济萧条，不得不向英国求和。于是战争以英国胜利，荷兰被迫接受条例结束。到了查理二世时期，1660年英国政府再次颁布《航海条例》，重申了1651年《航海条例》的主要内容，并具体规定某些产品只能运送到英国和爱尔兰或英国其他殖民地，引发了英荷第二次战争。虽然英国因战败暂时对《航海条例》有所放宽，但此时其在海上的霸主地位已经基本确立。1696年英国又再次颁布条例，目的在于垄断英国和殖民地的贸易，并限制殖民地经济发展。这样英国通过英荷战争直接打击了当时的海上霸主荷兰，极大地削弱了荷兰的贸易和商业优势，英国开始确立自己的海上霸主地位，从此英国将海军视为立国之本，不断发展海军实力，“日不落帝国”就此奠定基础。
从内容上看，《航海条例》透露出英国在对外政策方面浓重的重商主义色彩。英国如此看重海上地位的主要原因在于海上的利益争夺实质上决定了英国本土工商业发展的成败。在《航海条例》中英国多次申明必须用英国船只运送货物，这一规定有两方面显而易见的益处：第一，促进了英国本土造船业的发展，为造船业创造了长期稳定的垄断市场；第二，控制了原料的来源，保证殖民地能够按照英国工商业的需求生产产品。无论是控制市场还是介入运输环节，英国政府都是为了依靠航海政策取得海上霸权，促进海外贸易和工商业的发展。
《航海条例》的颁布对多方面利益造成影响，其中受损害最大的莫过于荷兰。最直接的影响是条例引发了英荷间的多次战争，损耗了荷兰本来就不甚丰富的原始资本积累。虽然条例并未对荷兰的商船队规模造成太大的冲击，事实上荷兰的贸易量在1698～1715年达到顶峰，而且，在那些年月里，荷兰商船队的规模仍为英国的两倍，可能等于法国的九倍，但是，随着英国势力范围的扩大和对市场、原材料控制的加强，荷兰在全部贸易中所占的份额不断下降。这对于以海外贸易作为主要经济来源的荷兰，无疑是沉重的打击。国内资源匮乏的荷兰再也没有从英荷战争失败的阴影中走出来，海外贸易受阻，大量殖民地丢失，势力范围减小，“海上马车夫”迅速衰落，直接将霸主的地位交给英国。
然而，《航海条例》也使得英国殖民地的经济受到了极大影响。殖民地在形成外向型经济的初期，《航海条例》使当地居民在从事出口贸易上享有许多与英国人同样的优惠条件，减少了殖民地生产的原材料在英国主权领辖范围内与外部的竞争，这在一定程度上有利于殖民地经济的发展。但是，英国出于自身利益的考虑，必须保持殖民地处于较低层次的依附状态，并且满足本土日益增长的原材料需求。因此1660年英国政府颁布《航海条例》，规定殖民地出产和制造的诸如食糖、烟草、棉花、靛蓝以及生姜等商品只能出口到英国。这以后诸如此类的“规定产品”不断增多，导致殖民地产品结构单一化、初级化，并且长期受到英国的盘剥，严重阻碍了殖民地经济的长期发展。甚至可以说后来北美大陆爆发的独立战争正是源于对《航海条例》中种种不合理的规定产生不满，特别是《航海条例》中规定的限制殖民地生产同母国英国本土竞争的产品。
英国作为《航海条例》的颁布者与推行者，无疑是最大的获益方。其一，通过条例打压了荷兰，确立了英国的海上霸权地位，也为英国日后扩大势力范围和加强对殖民地的控制奠定了基础。其二，通过不断颁布的条例，英国获得了稳定的原材料来源和产品销售市场，并通过对殖民地产品的倒卖获得巨额利润，积累了丰厚的资本。其三，条例还规定欧洲各国商品运往北美，都必须先运到英国，然后再由英国船只运到殖民地，借此切断了北美殖民地与外界的经济联系，垄断了殖民地的对外贸易，巩固了英国在殖民地的统治。到19世纪英国在完成了工业革命后，经济处于世界领先地位，国内市场已经处于饱和状态，英国的资本家急于商品输出，迫切要求实现自由贸易，这时候的《航海条例》已经成为英国发展的阻碍，因此到了1849年英国废除了大部分的《航海条例》，1854年完全废除。
《航海条例》是霸权主义的体现，是各国间力量不均衡的必然产物，在其影响下，各国在世界市场上的地位逐渐确立下来。《航海条例》使不同国家、地区间经济发展的差异性逐步扩大，这是英国在之后的几个世纪中能够处于世界政治经济中心地位的重要基础。同时它也规定了资本主义国家早期原始积累的一种形式。
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