At the Court at WHITEHALL 10 MARCH 1675 6. By the KING' 's Most Excellent Majesty and the Right Honourable the Lords of His Majesties most Honourable Privy Council VVHEREAS in pursuance of an Order of the Eighth Instant The Lords Commissioners for Executing the Office of Lord high Admiral of England did this day report to His Majesty in Council their Approbation of the several Rules thereunto annexed prepared by the Committee of this Board for Trade for preventing the fraudulent procuring of Passes pursuant to the Treaties with Spain and the Vnited Provinces together with the Form of a Certificate to be signed by the Officer appointed to survey each Ship for which a Pass shall be demanded as also of the Oaths of the Master and the Bond to be Entred into by them which having been Read and Considered at the Board His Majesty was pleased to approve thereof and did Order That as well the Right Honourable the Lord High Treasurer of England as the Lords Commissioners of the Admiralty do respectively cause the said Rules to be duly and punctually observed and put in Execution in all the Ports therein mentioned EDWARD WALKER May it please your Majesty VVEE have in obedience to Your Majesties Order in Council had several Meetings about frameing of Rules for Passes in pursuance of the Treaties with Spain and the United Provinces And having also consulted the Commissioners of the Customs therein We do present Your Majesty with the following Rules as necessary and of great importance in this conjuncture for Your Majesties Service RULES For Granting of Passes In Pursuance of the Treaties With SPAIN and the UNITED PROVINCES 1. THat no Passes be granted but in the Places Following Viz. LONDON Dover Rye Chichester Southampton Poole Weymouth Lime Regis Exon. Dartmouth Plymouth Fowy Falmouth Penzance Barnstaple Bridgwater Mine-Head Bristol For the Ports of Bristol and Gloucester Swanzey Milford Colchester Ipswitch Yarmouth Lynn Regis Boston Hull Stockton Sunderland Newcastle Berwick Whitehaven Lancaster Leverpool Chester Beaumaris 2. That in the Port of London Passes be granted onely by the Lord High Admiral or the Lords Commissioners for executing the Office of Lord High Admiral or the Commissioners of the Customs and in the Out-Ports by the Chief Magistrate of the said Out-Ports respectively with the consent of the Collector or other Chief Officer of the Customs upon the place for the time being deputed by the Commissioners which consent is to be declared by the said Officer under his hand upon the body of the Certificate provided for in the Article following That no Pass be granted to any Ship or Vessel in the Port of London until she have been viewed either by the Surveyor of the Act of Navigation or his Deputy or some Officer of the Navy especially appointed thereto by the Lord High Admiral or Lords Commissioners of the Admiralty or by the Surveyors of the Commissioners of His Majesties Customs aforesaid and a Certificate to be produced from the said Officers respectively to the persons granting the said Passes expressing the Name Built and Burthen of the said Vessel and answering distinctly to each other of the said several Heads contained in the Form of the said Certificate hereunto annexed And that no Pass be granted in any other of the Ports or Places before-mentioned until such Ship or Vessel shall have been viewed by the Surveyor of the Act of Navigation or his Deputy or the said Commissioners their Surveyors in such Port where there is a Surveyor and where there is no Surveyor by such other Officer of the said Commissioners as shall be appointed by the Collector or Chief Officer of the Customs and like Certificate made concerning such Ship or Vessel No Pass to be granted if by the said Certificate it doth not appear that she is in the Port where the said Pass is demanded or some Member or Creek thereof at the time of demanding such Pass No Pass to be granted unless by such Certificate it also appear that the Master and two Thirds of the Mariners are of His Majesties Subjects except to such Ships as are bound to Greenland in which case one moyety at least of the Mariners to be English That no Foreigner who is Master of a Ship shall have a Pass unless he be Naturalized or be a Denizen and those Masters of Ships who pretend to Naturalization or Denization to have no Passes until they make proof that their real and constant residence is in England and that their Families are also here if any they have Mem. That the four Fisher Boats lately made free are to be excepted and as to such Masters of Ships as pretend to Denization that no Pass be granted unto them unless it shall appear that their real and constant residence with their Families hath been in England for the space of one year before the demanding of such Pass That no Pass be granted until the Register of the place to which each Ship belongs shall have been carefully examined whether a former Pass hath been granted to such Ship and in case any former Pass hath been granted no Pass to be granted until the former Pass be delivered up That every Master of a Ship before he have a Pass granted him do give Bond with one good Surety in his Majesties Name if in the Port of London to the Collector Outward if in the Out-Ports to the Officer of the Customs that is to consent to the Pass of 100 l. penalty if the Ship appear to be above 100 Tons for the return and redelivery of his Pass within the time to be limited in his Bond to the said Officer of the Customs and of 50 l. penalty if his Ship be under 100 Tons unless in case of Capture or loss of his Ship which limitation of time to be made according as is directed in the following Rule No. 15. That before the granting of any Pass the Master of every Ship or Vessel for which a Pass is demanded shall make Oath in the presence of those who are to grant the said Passes That such Ship or Vessel doth belong to the inhabitants of within His Majesties Dominions and that are Proprietors thereof naming as many of them as he knows and their respective shares and places of abode and to what place such Ship doth belong and whether she had any former Pass and that he is the sole Master appointed for the Voyage and knows no other And in case she be a Foreign built Ship declaring the time when she was bought or became English Propriety and that the ship for which a Certificate is returned bearing date returned by is the ship concerning which this Oath is by him made and that the Name by which he calls her is the true Name and that he knows of no other Name that she hath or hath had or if she hath had to declare it And in case a Pass shall be demanded for any Foreign built ship bought since January the First 1673
make his Voyage but also if he think convenient to go any where else from the said Port that they would do him all Civil Office as a Subject of his Majesty the King of Great Britain expecting the like Returns from his Majesty the King of Sweden his Officers and Subjects in the like or other Case In Witness whereof have Subscribed these presents and Sealed the same with the Seal of Dated the day of RULES for the granting of PASSES in pursuance of the Treaty with Denmark No Pass to be granted in pursuance of this Treaty but what is signed by His Majesty and countersigned by a Principal Secretary of State That no such Pass be granted until a Schedule be produced signed by the Officers of the Customs in the Port where the Ship took in her Lading containing all the Goods she hath on Board be they more or less and if she have no Lading then to express the same And a Direction to the Officers in the respective Ports where Passes are to be given by vertue of the Treaties with Spain and the Vnited Provinces to grant such Schedules and to sign and seal them with the Seal of the Custom-house That no such Pass be granted till a Certificate be produced from the Chief Magistrate of some such Place in each Port as by the Regulation of the Treaties with Spain and the United Provinces is authorised to grant Passes in the Form prescribed by this Treaty That no such Pass be granted until it appear by Certificate to the said Principal Secretary of State from whom any such Pass shall be demanded that the said Ship hath had a Pass according to the Form prescribed by the Treaties with Spain of the United Provinces which Certificate is to be signed by the Commissioners of the Customs in the Port of London or their Secretary in case such Pass were granted in the Port of London and in case it were granted in any of the Out-Ports that it be signed by the Officer of the Customs who consented to such Pass That no Pass be granted until the Master of such Ship shall enter Bond in His Majesties Name with one Surety if the Ship belong to the Port of London to the Collector Outwards and if she belong to any Out-Port then to the Officer of the Customs in such Out-Port who into consent to Passes to be given by vertue of the Treaties with Spain and the United Provinces The said Bond to be in the penalty of 100 l. if the said Ship appear to be of the Burthen of 100 Tons or upwards and in the penalty of 50 l. if under the Burthen of 100 Tons for the return and redelivering of such Pass within the space of one Year to be accounted from the date thereof unless in case of Capture or the loss of such Ship And before the granting of such Pass the Person demanding the same is to produce a Certificate to the Secretary of State from whom it is demanded that such Bond hath been entred into by the Master of such Ship Which Certificate is to be under the Hand of the Officer of the Customs who took the Bond and sealed with the Seal of such Custom-house That the Forms of a Pass and Certificate printed upon Parchments with Blanks hereunto annexed be made use of by vertue of this Treaty and no other That a perfect Register be kept by the Secretary of State of every Pass which shall be counter signed by him in pursuance of this Treaty which Register is to be strictly kept and no Pass to be granted until the same be carefully examined whether any such former Pass hath been granted to such ship and in that case then no new Pass to be granted until the former be delivered up and that a quarterly account thereof be given by the said Secretary to the Lords Commissioners for Executing the Office of Lord High Admiral The like Directions to the Secretary of State for Scotland about Passes for Scotch Ships And if the Passes for Ireland are to be procured by one of the Principal Secretaries of State in England yet that they keep a distinct Register for Ireland as well as a â—â—â—nct Register for England sersey Guernsey Alderney Sark and the Islands of Scilly and Man All which c. Bridgewater Carlisle Craven Faucoâ—berg H. Coventry J. Williamson R. Southwell LONDON ss TO all that shall see these Presents or hear them to be read Lord Mayor and the Aldermen of the City of LONDON Do attest and certifie That on the Day of the Date hereof before Vs personally came and appeared And under the Oath wherein stand bound to Our Sovereign Lord the King did declare unto Vs That the said Ship in the Port of of the Burthen of Tunns or thereabouts doth belong to the Port of in the Kingdom of ENGLAND And that the said Ship doth justly belong to Subjects of our said Sovereign Lord the King And And the said Appearer affirmed under the Oath aforesaid That the aforementioned Ship doth only belong to Subjects of His said Majesty And carry no Goods prohibited which belong to either of the Parties now in War In testimony whereof We have caused this Cortificate to be subscribed by Our Town-Clerk and Sealed with the Seal of Majoralty of the City of LONDON Given at LONDON the day of Anno Domini 167 And in the Year of the Reign of Our Sovereign Lord CHARLES the Second by the Grace of God King of ENGLAND SCOTLAND FRANCE and IRELAND Defender of the Faith c. VVHich Rules having been read and considered at the Board His Majesty was pleased to approve thereof and did order that as well the Right Honourable the Earl of Danby Lord High Treasurer of England as the Lords Commissioners for Executing the Office of Lord High Admiral of England and His Majesties Principal Secretaries of State do respectively cause the said Rules to be duly and punctually observed and put in execution John Nicholas THe Commissioners of His Majesties Customs are hereby directed and required to govern themselves by these Rules in what is to be done by them touching Passes to be granted in pursuance of the respective Treaties with Sweden and Denmark and to cause the same to be signified to and to be duly observed and executed by all other Officers of His Majesties Customs therein concerned according to the Form thereof and His Majesties pleasure therein declared for which this shall be their Warrant New-Market this seventh day of April 1676. DANBY At the Court at WHITEHALL 10 MARCH 1675 6. By the KING' 's Most Excellent Majesty and the Right Honourable the Lords of His Majesties most Honourable Privy Council VVHEREAS in pursuance of an Order of the Eighth Instant The Lords Commissioners for Executing the Office of Lord High Admiral of England did this day report to His Majesty in Council their Approbation of the several Rules here under written prepared by the Committee of this Board for Trade for preventing the
fraudulent procuring of Passes in pursuance of the Treaties with Algiers Tunis and Tripoly as followeth Viz. May it please your Majesty BEside the General Regulation which We present Your Majesty in relation to Passes We have thought fit for Your Majesties Service to prepare also some Rules for the Granting of Passes in pursuance of the Treaties with Algiers Tunis and Tripoly and having therein likewise consulted with the Commissioners of the Customs and received their concurrence We presume to lay them before Your Majesty as followeth FIrst Whereas by the words of the late Proclamation bearing date the 22th of December 1675 Your Majesty did declare that no Pass or Sea-brief whatsoever which bore date before the said Proclamation shall remain in force any longer than until the First day of May next but the other Passes in the Form thereby established shall upon demand and without charge be delivered forth by the Secretary of the Admiralty for the time being to the parties interessed therein upon security by them given for delivering up their former Passes to the Lord High Admiral or the Lords Commissioners for executing the Office of Lord High Admiral within six months after their receiving such new ones if there shall appear an evident necessity of sending Passes to any other Ships now in the Streights then English built Ships or Foreign built Ships made free the same shall be done with the utmost strictness of Examination touching the Propriety of such Ships and in order onely to their comming out of the Streights and return home and Bond to be given accordingly in your Majesties name with one good surety to such person as shall be appointed by the Lords Commissioners for Executing the Office of Lord High Admiral of England to receive the same In the sum of fifty pounds penalty if such Ship be under the Burthen of 100 Tons and in the penalty of 100 li. if such Ship be of the Burthen of 100 Tons or more for the delivering up the said Passes within the time to be expressed in the Condition of the said Bonds unless in case of Shipwrack or Capture SEcondly And for the better preventing the fraudulent procuring such Passes for the future that the following Rules and Directions be duly and punctually observed and put in execution by the Lord High Admiral or Lords Commissioners for Executing the Office of Lord High Admiral 1. That no Pass be granted in pursuance of those Treaties in any parts of the Kingdom of England Dominion of Wales or Town of Berwick but by the Lords Commissioners for Executing the Office of Lord High Admiral 2. No such Pass to be granted to any Ships but English-built Ships or Foreign built Ships made free until further Order 3. No Pass to be granted to any Ship that is not in some Port of England Wales or Berwick or some Member or Creek thereof at the time of granting such Passes 4. No Pass to be granted to any Ship whereof the Master is not His Majesties Natural born Subject and whereof two thirds of the Mariners are not English 5. No Passes granted in pursuance of the Treaties with Algiers Tunis and Tripoly are to continue in force according to His Majesties late Proclamation of the 22d of December last longer than the space of one year from the date of the said Passes until further Order 6. In case any Ship demanding such a Pass shall be within the Port of London at the time of demanding thereof that it be not granted until she shall have been first viewed by the Surveyor of the Act of Navigation or his Deputy or the Officer of the Navy especially appointed thereunto by the Lord High Admiral or Lords Commissioners of the Admiralty and a Certificate produced from one of them under their hands to the Lord High Admiral or Lords Commissioners for Executing the Office of Lord High Admiral which Certificate is to be in the same Form as the Certificates for English built Ships and Foreign built Ships made free for which Passes are demanded in pursuance of other Treaties And in case any Ship shall be in any of the Out-ports or in any Member or Creek thereof at the time of demanding such Pass that upon notice thereof to the Commissioners of the Customs from the Secretary of the Admiralty the said Commissioners shall thereupon write to the Collector of such Port that he cause the said Ship to be reviewed by the Deputy of the Surveyor of the Act of Navigation or by their Surveyor where there is a Surveyor or by the Officer appointed by the said Collector for viewing of Ships and that he return up the like Certificate to the Commissioners under the hands of the Officer that shall have surveyed her which Certificate shall be by the said Commissioners transmitted to the Lord High Admiral and no Pass to be granted to such Ship until this is done 7 That before the granting of any such Pass the Master of such Ship make such Oath as is to be taken by Masters of Ships demanding Passes for English built Ships or Foreign built Ships made free or in pursuance of any other Treaties 8. That the Form of such Passes which is hereunto annexed be printed upon a certain size of Parchment and that no other be made use of that so they may be distinguished from all other Passes 9. That a perfect Register be kept by the Lord High Admiral or Lords Commissioners for Executing the Office of Lord High Admiral of all Passes granted by them and that the said Register be kept distinct from the Register which shall be kept by them in pursuance of any other Treaties and that such Register be strictly kept and do express all the particulars in the Certificate of the Officer that viewed such Ship and in the Oath of the Master 10. That care be taken to give speedy notice into Scotland and Ireland and to the Governour of Tangier c. That Passes by vertue of these Treaties are to be granted only by the Lord High Admiral of England or Lords Commissioners for Executing the Office of Lord High Admiral All which is humbly summitted Danby Bridgwater Craven Coventry J. Williamson Rob. Southwell WHich being Read and Considered at the Board His Majesty was pleased to approve thereof and did order That the Lords Commissioners for Executing the Office of Lord High Admiral of England do cause the said Rules to be duly and punctually observed and put in Execution John Nicholas FORM of the PASS in pursuance of the TREATIES with ALGIERS TUNIS and TRIFOLY By the Lords Commissioners for Executing the Office of Lord Hgh Admiral of England SUffer the Ship to pass with her Company Passengers Goods and Merchandizes without any Let Hindrance Seizure or Molestation The said Ship appearing unto Us by good Testimony to belong to the Subjects of Our Sovereign Lord the King and to no Foreigner This Pass to continue in force for one whole year from the date hereof and no longer Given under Our Hands and the Seal of Our Office of Admiralty at the day of in the year of Our Lord One thousand six hundred seventy To all Persons whom these may concern By Command of the Lords Directions to Masters of Ships and others concerned whither to repair for Passes in pursuance of the respective Treaties between His Majesty and his Allies Together with the Fees payable at the respective Places where such Passes are to be granted Denmark PAsses in pursuance of the Treaty with Denmark for all England Scotland and Ireland and the rest of His Majesties Dominions are to be under His Majesties Royal Signature to be procured by the Secretary of State Mediterranean Asses or Sea-briefs in pursuance of the Treaties with Algiers Tunis and Tripoly are to be had for all England Scotland and Ireland and the rest of His Majesties Dominions from the Lords Commissioners for Executing the Office of Lord High Admiral of England sitting at Derby-House Spain PAsses in pursuance of the Treaties with Spain and the Vnited Provinces are the same word for word Those Passes which concern Spain are onely to be had from the Commissioners of the Customs Holland But those relating to Holland may be had either from the Lords Commissioners appointed to execute the Office of Lord High Admiral of England or from the Commissioners of the Customs in London and in both these Cases for the Out-Ports from the Chief Magistrates in such places in each Out-Port as are appointed by His Majesties Order in Council of the Tenth instant to grant the same which are LONDON Dover Rye Chichester Southampton Poole Weymouth Lime Regis Exon Dartmouth Plymouth Fowy Falmouth Penzance Barnstaple Bridgwater Minehead Bristol For the Ports of Bristol and Gloucester Swanzey Milford Colchester Ipswich Yarmouth Lynn Regis Boston Hull Stockton Sunderland Newcastle Berwick Whitehaven Lancaster Leverpool Chester Beaumaris Sweden PAsses in pursuance of the Treaty with Sweden are likewise to be had in London from the Commissioners of the Customs and in the Out-Ports from the Chief Magistrates in such places in each Out-Port as are appointed by the aforesaid Order to grant Passes Fees for Passes Oaths Certificates c. to be moderated as followeth For a Pass signed by His Majesty pursuant to the Treaty with Denmark xx s. For a Pass signed by the Commissioners of the Admiralty xxv s. For a Pass procured at the Custom-House Viz. For the Certificate of the Surveyor of the Navigation ij s. vi d. xvii s. vi d. For the Certificate and Oath of the Master vi d. xvii s. vi d. For the Pass in Parchment xii s. vi d. xvii s. vi d. For the Bond xii d. xvii s. vi d. For the Search and Registering xii d. xvii s. vi d. For the Certificate from the Lord Mayor of London pursuant to the Treaty with Denmark x s. For a Pass procured in the Out-Ports Viz. For the Certificate of the Surveyor of the Navigation ij s. vi d. x s. For the Certificate and Oath of the Master vi d. x s. For the Pass in Parchment v s. x s. For the Bond xii d. x s. For the Search and Registering xii d. x s. For the Certificate from the Chief Magistrate of any of the Out-Ports in pursuance of the Treaty with Denmark v s. FINIS