1797: 37 George 3 c.104: An act for regulating the shipping and carrying of slaves in British vessels from the coast of Africa.
[19 July 1797.]
[Preamble.]
WHEREAS it is expedient to regulate the shipping and carrying Slaves in British Vessels from the Coast of Africa, for a limited Time; 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,
[From Aug. 1, 1797, no Vessel clearing out from Great Britain, to carry Slaves from Africa in greater Numbers than herein specified.]
That it shall not be lawful for any Master or other Person taking or having the Charge or Command of any British Ship or Vessel whatever, which shall clear out from any Port of this Kingdom from and after the First Day of August One thousand seven hundred and ninety-seven, to have on Board at any one Time, or to convey, carry, bring, or transport, Slaves from the Coast of Africa to any Part beyond Sea, in any such Ship or Vessel, in any greater Number than in the Proportion of Five such Slaves for every Three Tons the Burthen of such Ship or Vessel, so far as the said Ship or Vessel shall not exceed Two hundred and one Tons, and moreover of One such Slave for every additional Ton of such Ship or Vessel over and above the said Burthen of Two hundred and one Tons, or Male Slaves who shall exceed Four Feet Four Inches in Height, in any greater Number than in the Proportion of One such Male Slave to every One Ton of the Burthen of such Ship or Vessel, so far as the said Ship or Vessel shall not exceed Two hundred and one Tons, and moreover of Three such Male Slaves, who shall exceed the said Height of Four Feet Four Inches, for every additional Five Tons of such Ship or Vessel, over and above the said Burthen of Two hundred and one Tons;
[Vessels to be deemed of the Tonnage set forth in their Certificates of Registry.]
and every such Ship or Vessel shall be deemed and taken to be of such Tonnage or Burthen as is described and set forth in the respective Certificate of the Registry of each and every such Ship or Vessel, granted in pursuance of an Act made in the Twenty-sixth Year of the Reign of His present Majesty, intituled, An Act for the further Increase and Encouragement of Shipping and Navigation;
[Masters of Vessels to forfeit 30l. for every Slave exceeding the limited Number.]
and if any such Master, or other Person taking or having the Charge or Command of any such Ship or Vessel, shall act contrary hereto, such Master or other Person as aforesaid shall forfeit and pay the Sum of Thirty Pounds of lawful Money of Great Britain for each and every such Slave, exceeding in Number the Proportions hereinbefore limited, One Moiety whereof shall go to His Majesty, His Heirs or Successors, and the other Moiety thereof shall go to any Person or Persons who shall first sue for the same:
[If more than Two Fifths of the Slaves be Children, Five of the Surplus to be deemed equal to Four Slaves, &c.]
Provided always, that if there shall be in any such Ship or Vessel any more than Two Fifth Parts of the Slaves who shall be Children, and who shall not exceed Four Feet Four Inches in Height, then every Five such Children, over and above the aforesaid Proportion of Two Fifths, shall be deemed and taken to be equal to Four of the said Slaves, within the true Intent and Meaning of this Act: Provided always, that nothing herein contained shall extend, or be construed to extend, to the Case of a Ship taking on Board any Number of Slaves that shall be found shipwrecked, or from on Board any other Ship or Vessel where, by reason of Mutiny or Insurrection among the Slaves, or the Crew, or by Failure of Hands, or by any actual Distress of the Vessel, the Master or Commander shall be disabled from governing the Ship, or continuing the Voyage, the Proof of which shall lie upon the Master or other Person having Charge of such Ship or Vessel so taking on Board such Slaves.
[Masters of Vessels, before they land any Slaves in the West Indies, to give in a written Declaration to the Officer of the Custom of the Burthen of the Vessel, &c.]
II. And be it further enacted by the Authority aforesaid, That on the Arrival of any such Ship or Vessel in any Island in the West Indies belonging to or under the Dominion of His Majesty, His Heirs or Successors, from the Coast of Africa, carrying or conveying any such Slaves as aforesaid, the Master or other Person having or taking the Charge or Command of such Ship or Vessel shall, before any of the said Slaves shall be unshipped or landed from such Ship or Vessel, repair to the nearest Custom House, and there give in a written Declaration to the Collector, or other Chief Officer of the Customs, who is hereby required to accept and preserve the same, of the Burthen of such Ship or Vessel, and shall at the same Time shew to such Officer the Certificate of the Registry thereof; and shall also give in a written Declaration to the said Officer, (who is hereby required to accept and preserve the same), containing an exact and true Account of the greatest Number of such Slaves, (distinguishing the Number of Males and Females, and specifying the Number of such Slaves as shall exceed the aforesaid Height of Four Feet Four Inches), who are or shall have been at any One Time in or on Board such Ship or Vessel, before, when, or after, such Ship or Vessel quitted or departed from the Coast of Africa for that Voyage;
[and if they land Slaves contrary hereto, to forfeit 500l.]
and if such Master, or other Person taking or having the Charge or Command of any such Ship or Vessel, shall unship or land, or shall cause to be unshipped or landed, or shall wilfully permit or suffer to be unshipped or landed, any such Slaves, contrary to the true Intent and Meaning of this Act, such Master or other Person as aforesaid shall forfeit and pay the Sum of Five hundred Pounds of lawful Money of Great Britain, for every such Offence, and One Moiety of the said Forfeiture shall go to His Majesty, His Heirs or Successors, and the other Moiety shall go to the Person or Persons who shall first sue for the same;
[Officers of the Customs to take an Account of the Slaves on Board such Vessels, &c. on Penalty of 500l.]
and it shall and may be lawful for such Collector or other Chief Officer of the Customs, and he is hereby required to search, or to cause Search to be made, in every Part of such Ship or Vessel, to see and to take an Account of the Number of such Slaves on Board such Ship or Vessel, and to specify in such Account the Number of Males and Females, and also the Number of Slaves not exceeding Four Feet Four Inches in Height, and without Delay to transmit such Account, attested under his Hand and Seal, to the Commissioners of His Majesty’s Customs in London, under the Penalty of Five hundred Pounds:
[Where there is no Officer of the Customs, any Civil Officer to receive the Declaration of the Master, &c.]
Provided always, that in case the said Collector or other Chief Officer of the Customs shall be absent, or that there shall be no such Officer in any such Island where the said Ship shall arrive as aforesaid, or in case there shall be no other Officer of the Revenue, then any Civil Officer in the said Island shall be, and he is hereby authorized and required, upon Application as aforesaid, to receive and preserve the said Declaration of the Burthen of such Ship as aforesaid, and to perform all the other Duties aforesaid, which the said Collector or other Chief Officer of the Customs is hereby required to perform.
[Penalty on making false Declaration.]
III. And be it further enacted, That if any Person making any Declaration, by this Act authorized or required to be made, shall therein be guilty of wilful Falsehood, or if any Person shall procure or suborn any Person to become guilty of such wilful Falsehood, every such Person shall be deemed guilty of a Misdemeanour, and shall be punished by such Fine as the Court, before whom such Offender shall have been tried and convicted, shall think fit to order or adjudge, and also by Imprisonment for any Time not exceeding Twelve nor less than Three Calendar Months from the Time of such Sentence.
[No Vessel to carry any Slaves, unless entered for that Purpose at clearing out, nor unless the Surgeon give Bond to keep a Journal of the Slaves during the Voyage;]
IV. And be it further enacted by the Authority aforesaid, That it shall not be lawful for the Master or other Person taking or having the Charge or Command of any such Ship or Vessel as aforesaid, which shall be cleared out from any Port in Great Britain after the First Day of August One thousand seven hundred and ninety-seven, to take or have on Board such Ship or Vessel, or convey, carry, bring, or transport, any Slaves from the Coast of Africa to any Parts beyond the Seas, in any such Ship or Vessel as aforesaid, unless such Ship or Vessel shall, at the Time of her so clearing out, have been entered for such Purpose at the Custom House of the Port from whence such Ship or Vessel cleared out, and unless the Surgeon of or belonging to such Ship or Vessel, shall have given Bond to His Majesty, His Heirs and Successors, and shall have left the same in the Hands of the Collector or Comptroller of the Customs in the Port from whence such Ship or Vessel shall depart for such Voyage to the Coast of Africa, in the penal Sum of One hundred Pounds, with Condition that such Surgeon shall keep a regular and true Journal, containing an Account of the greatest Number of Slaves which shall have been, at any Time during such Voyage, on Board such Ship or Vessel, from the Time of the Arrival of such Ship or Vessel on the Coast of Africa as aforesaid, until her Arrival at the Port of her Delivery, distinguishing the Number of Males and Females, and of the Deaths of any such Slaves or Crew of the said Ship or Vessel, and of the Cause thereof, during the Voyage from the First Departure of the said Ship or Vessel, to her Arrival on the Coast of Africa, during her Stay on the said Coast, and after her Departure from thence to the said Port of Delivery, or during such Time as such Surgeon shall have been on Board such Ship or Vessel;
[Journal is to be delivered to the Officer of the Customs, at the First British Port of Arrival, &c.]
and that the said Surgeon shall deliver such Journal to the Collector or other Officer as aforesaid, at the First British Port where such Ship or Vessel shall arrive after leaving the Coast of Africa, and shall deliver in a written Declaration of the Truth of such Journal, to the best of his Knowledge and Belief, to such Collector or other Officer as aforesaid, who is hereby required to accept and preserve the same;
[Officer to deliver to the Master a Copy of his Declaration and to the Surgeon a Copy of his Journal, and transmit Duplicates to the Commissioners of the Customs.]
and such Collector or other Officer as aforesaid shall deliver to such Master, or other Person as aforesaid, and to such Surgeon respectively, Copies of the Declaration of such Master or other Person, and of such Surgeon as aforesaid, and also of the said Journal, which Copies shall severally be attested (as true Copies) by such Collector or other Officer as aforesaid under his Hand and Seal; and Duplicates of the said Copies, attested, in like Manner, shall be transmitted by the said Collector or other Chief Officer, to the Commissioners of His Majesty’s Customs in London; and if such Master, or Person taking or having the Charge or Command of any such Ship or Vessel, shall carry his Cargo of Slaves to, and land the Whole or any Part in, any Port or Ports not subject to the Crown of Great Britain, and shall afterwards arrive at any British Island or Port, having delivered the Whole or any Part of his said Cargo, such Master or other Person, and also the Surgeon of such Ship or Vessel, shall make the same Declaration, deliver in the same Journal to, and take the same Oaths before the Collectors, or other Chief Officers of the Customs, or Civil Officer of the Island or Port, and receive the same attested Certificate, in like Manner as if he had first arrived at such Island or Port; and if the said Ship or Vessel shall not arrive at any British Island or Port before her Return to Great Britain, then the said Master or other Person, and Surgeon, shall make the said Declaration, deliver in the said Journal to, and take the said Oaths before, the Collector or other Chief Officer of the Customs of the Port where they shall first land, which the Collector or Chief Officer is hereby empowered and required to receive and administer, and the said Collector or other Chief Officer shall forthwith transmit the same to the Commissioners of His Majesty’s Customs in London;
[Masters or Surgeons acting contrary hereto to forfeit 100l.]
and if such Master or Surgeon shall act contrary hereto, such Master or Surgeon shall, for every such Offence, forfeit the Sum of One hundred Pounds, One Moiety whereof shall go to His Majesty, His Heirs or Successors, and the other Moiety thereof shall go to any Person or Persons who shall sue for the same.
[If penalty on Masters be not paid within 14 Days, their Vessels may be seized and sold.]
V. And be it further enacted by the Authority aforesaid, That in case the Master or other Person having or taking the Charge or Command of any such Ship or Vessel, shall be convicted of any One of the said Offences before mentioned, and shall not, within the Space of Fourteen Days, pay, or cause to be paid, into the Hands of the proper Officer of the Court wherein the Offence shall be prosecuted, in order that the same may be applied in Manner herein directed, the Amount of the Penalty on such Conviction, it shall and may be lawful for any Admiral, or other Commander at Sea, of any of the Ships of War, or other Ships having Commission from His Majesty, or from His Heirs or Successors, or for any Governor of any Island or Plantation to His Majesty belonging in America or the West Indies, or for any Officer or Officers of His Majesty’s Customs, to seize and detain the said Ship or Vessel wherever found, and to convey the same to the Custom House nearest to the Place where the shall be found; and the Collector, or other principal Officer of the Customs of such Custom House, shall, and he is hereby required to cause every such Ship or Vessel to be sold publickly by Auction, and the Produce arising by such Sale thereof to apply towards satisfying the said Penalty; and if there shall remain any Overplus, to pay the same over to such Person or Persons as shall prove his, her, or their Property therein, or to his, her, or their lawful Assigns.
[On Arrival of Vessels in America or the West Indies, the Owners to give Bond for Payment of Penalties, &c.]
VI. And whereas it may happen that the Master or other Person having the Command of such Ship or Vessel so prosecuted and convicted may be unable to pay such Penalty or Penalties incurred; be it enacted, That as soon as such Ship or Vessel shall arrive in any of the said Islands, and due Notice of such Arrival shall have been given at the Custom House thereof, the Owner or Owners of the said Ship or Vessel, or his, her, or their Factor or Agent to whom such Ship and Cargo are consigned, shall give Bond in the Penal Sum of Five thousand Pounds to the Collector or other Officer of the Customs, for the full and just Payment of such Penalty or Penalties as may be awarded against such Captain or other Officer, by the Verdict of a Jury:
[Vessels not to be admitted to Entry till Bond is given, &c.]
And it is hereby enacted, That no such Ship or Vessel shall be permitted or suffered to enter or clear Inwards until such Bond shall be first given, and it shall be lawful for any Officer of the Customs to detain such Ship or Vessel with all her Cargo on board, until such Bond shall be entered into as before required:
[Suits to be commenced within One Month.]
Provided always, that no Suit against such Captain or other Officer shall be prosecuted in any Island, unless the same shall be commenced within One Month after due Notice given of the Ship’s Arrival, to the Collector or other Officer of the Customs in the said Hands.
[Where Penalties may be sued for.]
VII. And be it further enacted by the Authority aforesaid, That the several Penalties and Forfeitures middled by this Act shall and may be sued for, prosecuted, and recovered, in any Court of Vice Admiralty in any Part of America, or in any Island in the West Indies, wherein any such Offence shall have been committed, or wherein any such Ship or Vessel shall have disposed of the Whole or any Part of her Cargo, or in any of His Majesty’s Courts of Record at Westminster, or in the Court of Exchequer at Edinburgh.
[The upper and lower Cabin, and the Space between Decks, to be allotted to the Slaves, &c.]
VIII. And be it further enacted by the Authority aforesaid, That in every such Ship or Vessel, the upper as well as the lower Cabin and the Space between Decks, shall be allotted and properly prepared for the Reception of such Slaves; and that after any such Ship or Vessel shall have taken Two Third Parts of her Complement of Slaves on Board, in the Proportions herein-before limited, no Goods, Wares, or Merchandize, shall ever be stowed or put in any such Cabin or Place, in which any such Slaves shall be.
[If any Person take the Command of a Vessel, who is not qualified as herein directed, he, and also the Owner, shall forfeit 500l.]
IX. And be it further enacted by the Authority aforesaid, That, from and after the First Day of August One thousand seven hundred and ninety-seven, it shall not be lawful for any Person to become a Master, or take or have the Command or Charge of any such Ship or Vessel, at the Time he shall clear out from any Port of Great Britain, for purchasing and carrying Slaves from the Coast of Africa, unless such Master, or Person taking or having the Charge or Command of any such Ship or Vessel, shall have made Oath and delivered in to the Collector or other Chief Officer of the Customs, at the Port where such Ship or Vessel shall clear out, a Certificate, attested by the respective Owner or Owners of the Ships or Vessels in which he has formerly served, that he has already served in such Capacity during One Voyage, or shall have served as Chief Mate or Surgeon during the Whole of Two Voyages, or either as Chief or other Mate during Three Voyages, in purchasing and carrying Slaves from the Coast of Africa, under Pain that such Master or other Person taking or having the Charge or Command of any such Ship or Vessel, and also the Owner or Owners who shall hire or employ such Person, shall for every such Offence respectively forfeit and pay the Sum of Five hundred Pounds.
[Former Acts recited,]
X. And whereas by an Act made in the Thirty-third Year of His present Majesty’s Reign, and several preceding Acts, it is enacted, That, from and after the First Day of August One thousand seven hundred and ninety-three, it should not be lawful for any Owner or Owners of any Ship or Vessel to insure any Cargo of Slaves, or any Part thereof on board the same, against any Loss or Damage, save and except the Perils of the Sea, Piracy, Insurrection, or Capture by the King’s Enemies, Barratry of the Master and Crew, and Destruction by Fire; and that all and every Policy of Insurance thereafter made contrary to the said Act should be, and the same are thereby declared to be null and void to all Intents and Purposes whatsoever: And whereas the Owners of Ships and others concerned in the Trade to Africa, understanding that it was merely intended by the above-mentioned Provision of the said Act, to prescribe and specify the particular Kinds of Loss and Damage for which alone an Indemnity should thereafter be recoverable in respect to Cargoes of Slaves, and not to interfere with or vary the particular Forms of the Policies of Insurance, whereby such Insurances had been theretofore effected, have continued to make Insurances on the Perils and Dangers allowed to be insured by the said Act, in the
same general Terms as are contained in the common Policies theretofore used in other Insurances on Ships and Goods: And whereas Doubts have arisen respecting the Validity of such Insurances so made on Cargoes of Slaves, on Account of the Policies whereby the same are effected, not being expressly restrained to the particular Peril and Dangers which ara by the said Provision of the said Act alone saved and excepted as the Subjects of lawful Insurance:
[and nothing therein to make void Insurances [made in the same general Terms as other Insurances; but under them no Damages shall be recoverable in certain Cases.]
For Remedy whereof, and for the more effectual Security of such Persons, be it therefore enacted by the Authority aforesaid, That nothing in the said Act, or any former Act contained, shall extend, or be construed to extend, to make void any Insurance already made, or which hereafter shall be made, upon Ships, Slaves, Goods, and Merchandize, in the same general Terms with the Policies now commonly made use of in all other Insurances on Ships and Goods; (that is to say), on Account of their expressing to be made, “against the Risks and Perils of the Seas, Men of War, Fire, Enemies, Pirates, Rovers, Thieves, Jettizons, Letters of Mart and Countermart, Surprizals, Takings at Sea, Arrests, Restraints, and Detainments of Kings, Princes, and People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Detriment or Damage thereof:” Provided nevertheless, that under such Policies of Assurance so made, or to be made, no Loss or Damage shall be hereafter recoverable on Account of the Mortality of Slaves by natural Death or ill Treatment, or against Loss, by throwing overboard, of Slaves, on any Account whatsoever, or against Loss or Damage by Restraints and Detainments by Kings, Princes, People, or inhabitants of Africa, where it shall be made appear that such Loss or Damage has been occasioned through any Aggression for the Purpose of procuring Slaves, and committed by the Master of any such Ship, or by any Person, or Persons commanding any Boat or Boats, or Party or Parties of Men belonging to any such Ship, or by any Person or Persons acting by the Direction of any such Master or Commander respectively.
[No Vessel to be cleared out that has not a Surgeon who has passed his Examination, &c.]
XI. And be it further enacted by the Authority, aforesaid. That no such Ship or Vessel shall be allowed to clear out, unless it shall appear to the Collector, or other principal Officer of the Customs at the Port, that there is One Surgeon at least engaged to proceed on Board such Ship or Vessel, and unless such Surgeon shall have produced and delivered to such Collector or other principal Officer of the Customs, a Certificate or Warrant of his having passed his Examination at Surgeon’s Hall, or at some Publick or County Hospital, or at the Royal College of Physicians or Royal College of Surgeons at Edinburgh, or shall have served as a Surgeon or Surgeon’s Mate in His Majesty’s Fleet or Armies, of which Certificate or Warrant the said Collector or other principal Officer shall give to the said Surgeon an attested Copy, gratis.
[If the Officer at the Port of Discharge shall be satisfied that there have not died on the Voyage more than 2 Slaves in the 100, he is to give Certificates to the Master and Surgeon, and on Production thereof to the Commissioners of the Customs, they are to order the Master 100l. and the Surgeon 50l.]
XII. And be it further enacted by the Authority aforesaid, That if it shall be made appear, to the Satisfaction of the Collector or other principal Officer of the Port where such Ship or Vessel shall be discharged, that there shall not have died more than in the Proportion of Two Slaves in the Hundred, from the Time of the Arrival of such Ship or Vessel on the Coast of Africa to the Time of her Arrival at her Port of Discharge in any of the Islands of the West Indies, belonging to or under the Dominion of His Majesty, His Heirs or Successors, in such Case the Collector or other principal Officer shall, and he is hereby authorized and required to make out Certificates, specifying the Number of Slaves that appear to have been taken on Board the said Ship or Vessel, and the Number that have died within,the Period above-mentioned, One of which Certificates shall be delivered to the Master, and the other to the Surgeon, of such Ship or Vessel, and on Production of such Certificates, the Commissioners of His Majesty’s Customs in England and Scotland respectively shall, and they are hereby authorized ;and required to direct the Sum of One hundred Pounds to be paid to the Master, and the Sum of Fifty Pounds to be paid to the Surgeon of such Ship or Vessel, out of any Money that shall be in the Hands of the Receiver General of the Customs of England and Scotland respectively;
[Like Certificates to be given where the Mortality has not been more than 3 in the 100, which is to entitle the Master to 50l. and the Surgeon to 25l.]
or if it shall be made appear to the Collector or other principal Officer as aforesaid, that there shall not have died more than in the Proportion of Three Slaves in the Hundred, from the Time of the Arrival of such Ship or Vessel on the Coast of Africa, to the Time of her Arrival at her Port of Discharge in any of the said West India Islands, in such Case the Collector or principal Officer as aforesaid shall, and he is hereby required and authorized to make out like Certificates, and to deliver One to the Master and the other to the Surgeon of such Ship or Vessel, and the Commissioners of the Customs in England and Scotland respectively shall, and they are hereby authorized and required, on Production of such Certificates, to direct the Sum of Fifty Pounds to be paid to the Master, and the Sum of Twenty-five Pounds to be paid to the Surgeon of such Ship or Vessel.
[Before any Vessel is cleared outwards, the Master, Officers, and Mariners, to execute Articles of Agreement in the Forms hereunto annexed; and no other Form to be used on Penalty of 50l.]
XIII. And, for the better Regulation, Encouragement, and Preservation of the Health of the Officers and Seamen, employed in Ships or Vessels trading to the Coast of Africa for Slaves, and from thence to the West Indies and America; be it enacted by the Authority aforesaid, That, from and after the First Day of August One thousand seven hundred and ninety-seven, before any Ship or Vessel shall proceed to Sea, the Master, Officers, and Mariners, shall sign and execute Articles of Agreement, and a Muster-roll, in the Presence of, and witnessed by, the Clearing Officer and One of the Tidesmen of the Port from whence the Ship departs; and a Duplicate of the Articles of Agreement and Muster-roll, duly signed and executed, shall be delivered to the aforesaid Clearing Officer, in order to its being lodged with the proper Officer in the Custom House, according to the Forms hereunto annexed; which Agreement shall be conclusive to all Parties for the Time contracted for; and no other Form whatsoever of Articles of Agreement, or Muster-roll, shall be used, under the Penalty of Fifty Pounds, One Half to be paid to the Use of Greenwich Hospital, and the other Half to the Informer, or other Person who shall sue for the same, in any of His Majesty’s Courts of Record.
[Muster Roll to be regularly kept, &c.]
XIV. And be it further enacted by the Authority aforesaid, That a Continuation of the Muster-roll shall be regularly and duly kept during the Voyage; also a Log Book, wherein all Penalties, Forfeitures, and Charges, against any Officer or Seaman, shall be regularly entered and signed by the Master, Chief Mate, and Surgeon, which said Log Book and the said Muster-roll shall, on the Arrival of the Ship or Vessel at her discharging Port in Great Britain, be delivered in to the Collector or other Chief Officer of the Customs, together with the written Declaration of the Truth thereof, which Declaration the Collector or other Chief Officer as aforesaid, is hereby required to accept and preserve;
[Penalty for signing false Muster Rolls, &c.]
and if any Master, Chief Mate, or Surgeon, shall be convicted of signing false Muster-rolls, Articles of Agreement, or Log Book, he or they shall forfeit and pay the Sum of One hundred Pounds, and shall also sufferer Six Months Imprisonment.
[No Officer, &c. to be turned over or discharged; but under the Circumstances herein mentioned.]
XV. And be it further enacted, That no Officer, Mariner, or Seaman, shall be turned over or discharged, upon any Pretence whoever, unless into His Majesty’s Ships of War, or to assist a Ship in actual Distress, which is to be certified by the principal Officers of both Ships concerned, and an Agreement made in Writing with the said Officers or Men so sent, or, upon Preferment, or under ill State of Health, with the Consent of the Party, for which a Certificate shall be given from the Captain of any of His Majesty’s Ships or Vessels, if any are present; or, in their Absence, Two Justices of the Peace, or the Collector and Comptroller of the Customs at the Place or Port where such Ship or Vessel shall be, or shall first arrive, which Certificate shall be returned with the Muster-roll and Log Book, on the Arrival of the Ship at her delivering Port in Great Britain.
[No Slops, &c. to be supplied beyond One Fourth of the Monthly Wages.]
XVI. And be it further enacted, That no Master, Commander, or other Person, shall supply the Officers or Mariners, Seamen, or Seafaring Men, with more Slops, Tobacco, Spirits, or any other Article whatsoever, than to the Amount of One Fourth Part of the Monthly Wages of such Officer, Mariner, Seaman, or Seafaring Man.
[Regulations with regard to Officers, &c. behaving in a riotous, seditious, or mutinous Manner.]
XVII. And be it further enacted, That if any Officer, Mariner, or Seaman, shall behave in a riotous, seditious, or mutinous Manner, it shall be lawful for the Commander or Commanding Officer to put such Officer, Mariner, or Seaman, into Confinement, for a Time not exceeding Twenty-four Hours, before the same is reported to the Captain or Commander of any of His Majesty’s Ships or Vessels (being present, or within a convenient Distance), who is hereby authorized to enquire into the Cause of such Complaint, and to examine upon Oath, if found necessary, and to grant such Relief or Remedy therein as the Circumstances of the Case may require; and in case none of His Majesty’s Ships are present, the Cause of Complaint shall be fully examined into by the Master and Two Officers, in the Presence of the Ship’s Company; and if it shall be judged necessary, for the Safety of the Ship and Cargo, to continue the Offender or Offenders in Confinement, such Determination shall be drawn up in Writing, with the Reasons for coming to such Resolution dated at large, and signed by the Master and Two Officers, which they are hereby enjoined, under the Penalty of Fifty Pounds, to report, without Delay, to the Captain or Commander of the First Ship or Vessel belonging to His Majesty they may fall in with, and in Default thereof to report the same to the Governor or Chief Officer of any British Fort on the Coast of Africa, or to the Governor of any of the West India Islands, on their Arrival at any Port or Road therein, that such Measures may be taken to bring the Offender or Offenders to Justice as the Nature of the Case will admit.
[Master to cause a printed Abstract of this Act, &c. to be hung up in the most publick Place in his Vessel, on Penalty of 20l.]
XVIII. And be it further enacted, That the Master or other Person having or taking the Charge or Command of every such Ship or Vessel shall cause a printed Abstract of this Act, and also a Copy of the Schedule (A) and of the Muster-roll, respectively annexed to this Act, to be hung up and affixed to the most publick Place of such Ship or Vessel, and shall cause the same to be constantly kept and renewed, so that at all Times they may be accessible to the Officers and Seamen on board of such Ship or Vessel, upon Pain that every such Master, or other Person, having or taking the Charge or Command of every such Ship or Vessel, who shall neglect to affix and renew the same, shall for every such Offence forfeit the Sum of Twenty Pounds.
[If mutinous Officers, &c, be taken into Custody, in Africa or the West Indies, a Statement, upon Oath, to be lodged with the Governor, &c. and if the Witnesses do not appear at the Trial, they shall incur a Penalty.]
XIX. And be it further enacted, That if any Officer, Mariner, or Seaman, charged with Mutiny or Sedition, shall be delivered over or taken into Custody by the Order of the Governor or Chief Officer of any Fort on the Coast of Africa, or the Governor of any of the Islands in the British West Indies, a full Statement, upon Oath, which they are hereby empowered to administer, shall be made out and lodged with the said Governor, together with the Names of the Witnesses who are to support the Charge alledged against the Prisoner or Prisoners, in order to their being sent Home for Trial at the next Admiralty Sessions, for the Offence or Offences alledged against him or them; and in case the said Witness or Witnesses shall neglect to appear at the Trial, upon being duly summoned, he or they shall incur such Penalty as the Court shall adjudge.
[Officers, to continue in Pay till the Vessel is cleared Inwards.]
XX. And be it further enacted by the Authority aforesaid, That upon the Arrival of every Ship or Vessel at her discharging Port in Great Britain, the Officers and Seamen therein shall be continued in full Pay and provisions until the Ship is cleared Inwards, or their Accounts are settled and paid;
[Wages of Run Men to go to Greenwich Hospital, &c.]
and that all Wages due to Run Men shall be forfeited and paid, One Half to the Use of Greenwich Hospital, and the other Half to the Merchants Hospital of the Port to which such Ship belongs; and all other Forfeitures shall be applied as is specified in the Articles of Agreement; any Custom, Law, or Usage, to the contrary notwithstanding.
[Where Offences may be tried, and Penalties sued for.]
XXI. And be it further enacted by the Authority aforesaid, That any Offence committed in Breach or Violation or this Act, may be tried in any Court of Oyer and Terminer, in any County in England wherein any such Offence shall have been committed, or, in case any such Offence shall have been committed on the Seas, or in Parts beyond the Seas, then in such County within which the Ship on Board which such Offence shall have been committed shall have cleared out, or in the County of Middlesex; and any Penalty or Forfeiture inflicted by this Act may be prosecuted, sued for, and recovered, in any Court of Record in Great Britain, and in every such Action or Suit the Party against whom Judgement shall be given (whether Plaintiff or Defendant) shall pay Double Costs of Suit;
[Limitation of Actions.]
and every such Action shall and may be brought at any Time within Three Years after the Offence committed, and not afterwards, and every such Action shall be carried on without wilful Delay.
[Delivery of Writs on Board Vessels, to be deemed legal Service.]
XXII. And be it further enacted, That if any Master or other Person, having or taking the Charge or Command of any Ship or Vessel, shall be prosecuted on Account of any Offence committed against this Act, and the Officer, whose Business it shall be to serve the Writ or Process, issuing out of the Court in which such Master or other Person shall be prosecuted, shall not be able to find the said Master or other Person prosecuted either on board the said Vessel, or on Shore or elsewhere, of which such Officer shall give publick Notice in such Court, then, and in all such Cases, the Delivery of the said Writ or Process on board the said Ship or Vessel of which the said Person shall have had the Charge or Command, shall be deemed due and legal Service of the said Writ or Process.
[Persons taking false Oaths to incur the Pains of Perjury, &c.]
XXIII. And be it further enacted by the Authority aforesaid, That if any Person, taking any Oath by this Act authorized or required to be taken, shall thereby commit wilful Perjury, or if any Person shall unlawfully procure or suborn any Person to take any Oath, by this Act authorized or required to be taken, whereby such Person shall commit wilful Perjury, every such Person shall incur and suffer the like Pains and Penalties as are by Law inflicted upon Persons committing wilful and corrupt Perjury, or Subornation of Perjury.
[Continuance of this Act.]
XXIV. And be it further enacted, That this Act shall continue in Force till the First Day of August One thousand seven hundred and ninety-eight, and no longer, except for the Purpose of trying or suing any Person in consequence of any Offence or Offences committed in Breach or Violation of this Act.
[Clause in former Acts respecting the Certificates of Qualification required to be given by Masters, recited.]
XXV. And whereas by an Act passed in the Thirty-second Year of the Reign of His present Majesty, and which was afterwards continued by several subsequent Acts passed in the Thirty-third, Thirty-fourth, and Thirty-fifth Years of His said present Majesty’s Reign, it was enacted, That, from and after the First Day of August One thousand seven hundred and ninety-two, it shall not be lawful for any Person to become a Master, or take or have the Command or Charge of any such Ship or Vessel, at the Time he shall clear out from any Port of Great Britain for purchasing and carrying Slaves from the Coast of Africa, unless such Master or Person taking or having the Charge or Command of any such Ship or Vessel shall have made Oath, and delivered in to the Collector or other Chief Officer of the Customs at the Port where such Ship or Vessel shall clear out, a Certificate, attested by the respective Owner or Owners, that he has already served in such Capacity during One Voyage, or shall have served as Chief Mate or Surgeon during the Whole of Two Voyages, or either as Chief or other Mate during Three Voyages, in purchasing and carrying Slaves from the Coast of Africa, under Pain that such Master or other Person taking or having the Charge or Command of any such Ship or Vessel, and also the Owner or Owners who shall hire or employ such Person, shall, for every such Offence, respectively forfeit and pay the Sum of Five hundred Pounds:
[Doubts arising by whom Certificates to be attested.]
And whereas Doubts have arisen respecting the Construction of the above mentioned Clause, whether the Certificate thereby required to be delivered in to the Collector or other Chief Officer of the Customs, should be attested by the respective Owner or Owners of any Ship or Vessel wherein the Person or Persons then about to take the Command of the Ship or Vessel required to be cleared out, had formerly sailed in some or One of the Capacities by the said Act specified and required, or by the respective Owner or Owners of the Ship or Vessel in which such Person or Persons was or were then about to sail as the Master or Commander thereof, as believing the Facts stated in the Affidavit of such Person or Persons then about to have or take the Charge or Command of any such Ship or Vessel, to be true; And whereas, in consequence of such Doubts, the Collectors or other Chief Officer of the Customs at the Ports of London and Liverpool, doubting the Meaning and Construction of the said Acts, have required and taken Certificates attested in both the Ways before mentioned, and cleared out Ships or Vessels under each Form of Certificate, in consequence of which great Inconveniences have arisen, and Doubts have been made touching the Legality of the Policies of Insurance made upon such Ships or Vessels;
[Policies of Insurance made before the passing of this Act, not to be void by reason of Certificates given under recited Acts, &c.]
be it therefore further enacted by the Authority aforesaid, That nothing in the said former Acts of Parliament herein-before mentioned, or in any of them contained, shall extend, or be construed to extend, impeach, invalidate, or make void, any Policy or Policies of Insurance which shall have been made before the passing of this Act, by reason or in consequence of any Certificate or Certificates which have been required and given in order to the clearing out any Ship or Vessel, employed in the Slave Trade, to the Coast of Africa, by the Owner or Owners of the Ship or Vessel then about to clear out and to sail, or by the Owner or Owners of some other Ship or Vessel in whose Employ the Person then about to sail had been formerly employed and sailed, or to inflict any Penalty or Penalties upon the Owner or Owners of such Ship or Vessel.
SCHEDULE (A).
ARTICLES of Agreement between the Master, Officers, Mariners, Seamen, and Seafaring Men, of the Ship ________ bound from the Port of ________ upon an Intended Voyage to the Coast of Africa for ________ from thence to the West Indies, or America, and afterwards to ________ in Great Britain, or to her delivering Port in Europe.
FIRST, The Master does hereby covenant, agree, and engage, with the said Officers, Seamen, Seafaring Men, Landsmen, and Boys, That he will pay, or cause to be paid, to each and every of them, at the Rate of the Wages per Month, Sterling Value, as against each Person’s Name is expressed in the Muster Roll.
Secondly, The said Master does further agree and engage with the said Officers, Mariners, Seamen, Seafaring Men, Landsmen, and Boys, that they shall be daily and regularly supplied with good and wholesome Victuals, and a Portion of Wine or Spirits, as hereafter specified; the said Provisions to be issued and dressed in the usual Manner in which it is done on board His Majesty’s Ships of War, and served out to the Ship’s Company in the Manner following; (videlicet),
Sunday, – One Pound and an Half of Beef, containing Sixteen Ounces to the Pound, and a Pint of Flour.
Monday, – One Pound of Pork, containing Sixteen Ounces to the Pound, and Half a Pint of Pease.
Tuesday, – One Pint of Oatmeal, and Two Ounces of Butter, and Four Ounces of Cheese; or, One Pound of Stock Fish, with One-eighth of a Pint of Oil, and a Quarter of a Pint of Vinegar, in lieu of Butter and Cheese.
Wednesday, – The same as Monday.
Thursday, – The same as Sunday.
Friday, – The same as Tuesday.
Saturday, – The same as Monday.
Each Person, besides, to have Six Pounds of Bread per Week; and a Quarter of a Pint of Spirits, or Half a Pint of Wine, together with ________ of Water, per Day during the Voyage.
In lieu of Pease and Oatmeal may be served Rice, Indian Corn, Yams, or Calavances.
In case of being put to Short Allowance, the Master, Officers, and Seamen are to be at the same Allowance of Provisions and Water, and to be allowed Short Allowance Money, at the Rate of Three-pence per Day if at Two-thirds Allowance, and Four-pence Halfpenny per Day, per Man, if at Half Allowance, and to be paid their Short Allowance Money Ten Days before the Vessel sails, from the West Indies or America.
And it is hereby further covenanted and agreed by and between the said Parties, That the Master of the said Ship, at his or the Owners proper Cost and Charge, will hire and employ the Natives in their Craft, to wood and water the said Ship, during her Continuance on the Coast of Africa, if such Natives can be procured, under the Direction of a Patroon belonging to the said Ship.
And it is further agreed on the Part of the said Master. That whenever the Officers and Seamen are employed trading in Craft up the Rivers, that the said Master will, on the Part of the Owners, furnish the Parties so employed with a sufficient Quantity of painted Canvas, or Tarpawling, for an Awning, and Provisions for the Time, in the Proportion per Diem as is set forth in the foregoing Article, with proper Utensils and Fire to dress the same, and upon Failure thereof, for every such Neglect he shall forfeit Double the Value of Provisions.
The said Master does further agree and engage, That there shall be a Space reserved for Half the Ship’s Company to shelter themselves, while the Slaves are on Board; if a Frigate-built Ship, it shall be under the Half Deck; or in the Steerage, or under a standing Awning of Wood, well caulked, in any other Ship or Vessel.
It is hereby further agreed by the said Master, That he will not, upon any Pretence whatsoever, turn over, or discharge, any of the Officers or Ship’s Company belonging to the said Ship, unless on Promotion, or to assist a Ship actually in Distress, and not then, unless properly certified as before expressed in this Act: And the said Master does hereby farther agree to advance One Month’s Pay to the Officers and Ship’s Company before the said Ship departs from Great Britain, at the Time of settling the River or Harbour Pay; and that the Monthly Wages shall commence from that Period: And it is further agreed by the said Master, that he will pay, or cause to be paid, One Month’s Pay after the Landing of the Slaves in the West Indies or America, Ten Days before the Sailing of the said Ship on her Homeward-bound Passage: And also the said Master engages to make the General Signal for sailing Twenty-four Hours before the Departure of the said Ship; videlicet, by loosing the Fore-top Sail and firing a Gun.
And we the Officers, Mariners, Seamen, Seafaring Men, Landsmen, and Boys, in Consideration of the Monthly or other Wages, foregoing Stipulations, and Engagements, do severally promise and agree, and bind ourselves by these Presents to behave with due Subordination and Respect, and to obey the lawful Commands of our Commander or superior Officers on Board the said Ship, or Boats thereunto belonging, as becomes good and faithful Seamen and Mariners, and at all Places where the said Ship shall touch at, put into, or anchor, during the said Voyage, to do our utmost Endeavours for the Preservation of the said Ship and Cargo; and not to neglect or refuse doing our Duty, by Night or by Day; nor go out of the said Ship on board any other Vessel, or be on Shore, under any Pretence whatsoever, without Leave first obtained of our Commander or Commanding Officer on board: And further, That we will, on no Account whatsoever, leave or desert the said Ship without the Master’s Consent, (unless to serve on board any of His Majesty’s Ships), till the abovesaid Voyage be ended, and the said Ship discharged, under the Forfeiture of our Wages: And we do further agree, That, when absent upon Leave, we will immediately repair on board, when required so to do by our Commander or any of our superior Officers, on Failure thereof to forfeit for such Disobedience Seven Days Pay, to be charged against our Wages, for every such Offence: And we do further agree and acknowledge, That Forty-eight Hours Absence, without Leave, shall be deemed a Total Desertion from the said Ship, and our Wages forfeited as above agreed on, unless good and sufficient Cause can be assigned for such Absence.
And it is further agreed by us, the said Officers and Mariners belonging to the said Ship, That we will not demand our Wages, or any Part thereof, except the Value of a Fourth Part of our Wages to be supplied in Slops or other Necessaries, and One Month’s Pay, with our Short Allowance Money then due, in the West Indies or America, until the Arrival of the said Ship at her delivering Port, except we should be impressed, or enter on board any of His Majesty’s Ships, or be discharged by mutual Consent agreeable to the foregoing Certificate, as specified in the Act.
And it is hereby further agreed by us the said Officers, Mariners, Seamen, Seafaring Men, Landsmen, and Boys, That whatever Stores, Furniture, or Apparel, each or any of us receive into our Charge belonging to the said Ship, shall be accounted for; and in case any Thing should be lost or damaged by our Negligence or Carelessness, it shall be made good to the Masters or Owners out of the Wages of such Officers or Seamen by whose Negligence it has happened.
SCHEDULE (B).
MUSTER ROLL
Officers and Men’s Names. – Quality. – Where Born. – Age. – Years at Sea. – Time of Entry, and Place where. – Time when, and Place where, discharged, died, run, or drowned. – Cause of Discharge, Death, or drowned. – Number of Months and Days on Board. – Wages per Month. – Advance Money. – Hospital Duty. – Amount of Slops supplied. – Amount of Dead Men’s Cloaths. – Amount of Short Allowance Money. – Total Amount of Wages due when discharged, &c. &c. – Amount of Run Men’s Pay.
Source: National Library of Jamaica.