1726: 13 George 1 c.8: The South Sea slave trade act

1726: 13 George 1 c.8: An act to enable the South-Sea company, with the licence and consent of the East-India company, to take in Negroes within their limits of trade, and to deliver the same at Buenos Ayres.

WHEREAS the island of Madagascar is within the limits of trade granted to the united company of merchants of England trading to the East-Indies, commonly called the East-India Company: and whereas the port of Buenos Ayres in America, is within the limits of trade granted to the governor and company of merchants of Great Britain trading to the South-Seas, and other parts of America, and for encouraging the fishery, commonly called the South-Sea Company: and whereas the transportation of Negroes from the said island of Madagascar to Buenos Ayres, may become a very beneficial branch of the trade of this kingdom:

[9 & 10 W. 3. c. 44.]

and whereas by an act of parliament passed in the ninth and tenth years of the reign of his late majesty King William the Third, (amongst other things) for settling the trade to the East-Indies, it is provided that security shall be taken, that all the goods, wares, merchandizes and commodities, which should be laden in any ship or ships whatsoever, bound from the East-Indies, or parts within the limits of the said united company’s trade, should be brought without breaking bulk to some port of England or Wales, and there be unladen and put on land:

[6 Ann. c. 3.]

and whereas by another act made in the sixth year of the reign of her late majesty Queen Anne, for better securing the duties of East-India goods, it is enacted {amongst other things) that all the goods, wares, merchandizes and commodities, which should be laden in the East-Indies, or other the parts within the limits of the said united company’s trade, upon any ship or vessel belonging to any of her Majesty’s subjects, should be brought to some port of Great Britain, and there should be unladen and put on shore, on pain of forfeiting all such goods, or the value thereof, to be recovered and distributed as therein is mentioned: and forasmuch as the taking in of Negroes within the limits of trade of the said united company, and delivering of the same at Buenos Ayres aforesaid, without bringing them to England or Wales, may be construed to be breaking of bulk within the meaning of the said acts of parliament, or one of them:

[South-Sea Company, after 24 June, 1727, with Consent of the East-India Company, may take in Negroes at Madagascar for Buenos Ayres.]

Be it therefore 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 from and after the Twenty-fourth Day of June, in the Year of our Lord One thousand seven hundred and twenty-seven, it shall and may be lawful to and for the said Governor and Company of Merchants of Great Britain trading to the South-Seas and other Parts of America, and for encouraging the Fishery, by and with the Consent and special Licence of the said united Company of Merchants of England, trading to the East-Indies, first had and obtained under their Commonal Seal, to send to the Island of Madagascar Four Ships or Vessels every Year, during the Continuance of this Act, and to take and receive Negroes on Board such Ships or Vessels so licenced, and to transport such Negroes in such Ships or Vessels, and to deliver the same unto, and at Buenos Ayres aforesaid.

[The Company indemnified for so doing.]

II. And it is hereby further enacted by the Authority aforesaid, That the Taking in, Transporting, and Delivering such Negroes as aforesaid, shall not be, nor be deemed or taken to be a Breaking of Bulk, nor shall the said Governor and Company, their Agents, Officers, or Servants, so licenced, as aforesaid, for or in Respect of their Taking in and Transporting such Negroes to and from the Places aforesaid, be liable to any Penalties or Forfeitures whatsoever; the said Acts of Parliament, or any other Law, Statute, or Act to the contrary notwithstanding.

[Ships belonging to the Company, going to any other Coasts within the East-India Charter, forfeited.]

III. Provided always, and it is hereby further enacted by the Authority aforesaid, That if any Ship or Vessel, Ships or Vessels whatsoever, in the Service of, or belonging to, or sent or employed by, or by the Order, or under the Authority or Direction of the said Governor and Company, shall sail or go to any Coast, Island, Port, or Place whatsoever, within the said limits of Trade granted to the East-India Company, other than unto the said Island of Madagascar; all and every such Ship and Vessel, Ships and Vessels, with all the Guns, Tackle, Apparel, and Furniture thereunto belonging, or the Value thereof, shall be forfeited, and shall and may be seized and sued for, and the Forfeiture shall and may be recovered and distributed as hereafter is mentioned or appointed:

[All other Goods purchased or traded for, liable to the Forfeiture in 9 and 10 W. 3.]

And moreover, in Case any Goods, Merchandizes, or Effects whatsoever (Negroes only excepted) shall be, directly or indirectly, purchased or acquired, or in Case any Goods, Merchandizes, or Effects, shall be traded or trafficked for, or be exchanged or bartered (otherwise than for Negroes and necessary Provisions for the Use of such Ships or Vessels) as also if any Goods or Merchandizes whatsoever (Negroes only excepted) shall be shipped, loaded, taken, or received on board any such Ship or Vessel, as aforesaid, at any Port or Ports, Place or Places beyond the Cape of Good Hope, the said Governor and Company shall in such Case be deemed and accounted to be Traders to the East-Indies, contrary to the Provisions made in and by the said Act of Parliament made in the Ninth and Tenth Years of the Reign of his said late Majesty King William, and shall not only forfeit all and every such Ship and Vessel, Ships and Vessels, with all the Guns, Tackle, Apparel, and Furniture thereunto belonging, and all the Goods and Merchandizes so traded and trafficked for, exchanged, bartered, purchased, or acquired, shipped, loaded, taken, or received on board any such Ship or Vessel, Ships or Vessels, as aforesaid, and all the Proceed and Effects of the same, but shall also, according to the Tenor of the said Act, forfeit double the Value of all such Goods, Merchandizes, Proceed, and Effects

[Forfeitures, how to be recovered, and distributed.]

IV. And it is hereby further enacted by the Authority aforesaid, That all and every the said Penalties and Forfeitures shall and may be sued for, recovered, and recoverable in any of his Majesty’s Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information; and One Third Part of all such Forfeitures and Penalties shall be to the Use of his Majesty, his Heirs and Successors, One other Third Part thereof to the Use of the said United Company, and the remaining Third Part thereof to the Use of such Person or Persons as shall seize, inform, or sue for the same, in which Suits or Prosecutions no Essoin, Wager of Law, or Protection shall be allowed, nor any more than One Imparlance.

[Offences to be laid in London or Middlesex.]

V. And it is hereby further enacted by the Authority aforesaid, That all and every the Offence and Offences committed or done against this Act, shall or may be laid or alledged to be in the City of London or County of Middlesex, at the Pleasure of the Informer or Prosecutor.

[East-India Company to take Security from South-Sea Company.]

VI. Provided nevertheless, and it is hereby further enacted by the Authority aforesaid, That besides the Provision hereby and by the said herein before recited Acts of Parliament made against breaking Bulk, or trading within the Limits of Trade granted to the said East-India Company; it shall and may be lawful to and for the said United Company, and their Successors, from Time to Time, upon their Giving or Granting such Licences, as aforesaid, to take such Security from the said South-Sea Company against the Breaking of Bulk, and for Securing to the East-India Company, the Trade within their said Limits, as they, the said United Company shall think fit, and likewise to insert in such Licence or Licences respectively, such Provisoes, Conditions, or Restrictions, as shall be thought reasonable by the said Two Companies.

[Continuation.]

VII. And be it further enacted by the Authority aforesaid, That this Act shall continue in Force for Six Years, and from thence to the End of the then next Session of Parliament, and no longer.

[Publick Act.]

VIII. And be it enacted by the Authority aforesaid, That this Act shall be deemed and taken to be a Publick Act, and all Judges and Justices are hereby required to take Notice of the same as such.

Source: Baskett, The Statutes at Large, vol 5, 1735, p.757.