Recital that divers Frauds had been practised in the Customs
Time allowed for Ships to come from Gravesend to Place of Discharge.; Master to make a true Return on Oath of Burthen and Lading.; In all Out-ports to come direct to Place of unlading
Forasmuch as it appeares that several unlawfull and indirect meanes and devices are daily put in practise
to export and import Goods and Merchandizes prohibited by the Lawes and Statutes of this Kingdome as
alsoe to defraud the Kings most Excellent Majestie of His Dues Customes and Subsidies as well by secret and
deceitfull designes as by open force and violence used against the Kings Majesties Officers imployed in the Affaires
of the Customes For the better preventing of which Frauds and Violences in time to come it is enacted & ordained
by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal
and Commons in Parliament assembled And be it enacted and ordained by the Authority thereof That no Ship or
Vessell arriving from the parts beyond the Seas shall be above three dayes coming from Gravesend to the place
of her discharge (within the River of Thames) without touching or staying at any Wharfe Key or Place adjoyning
to either Shoar between Gravesend and Chesters Key (unlesse apparently hindred by contrary Winds Draught of
Water or other just impediment to be allowed by such person or persons as are or shall be appointed by His
Majesty for managing the Customes the collectors Inwards and other principal Officers of the Customes and then
or before the Master or Purser (for that voyage) of such Ship or Vessell shall make a just and true Entry upon
Oath of the Burthen Contents and Lading of every such Shipp or Vessell with the particular Marks Numbers
Qualities and Contents of every Parcell of Goods therein laden to the best of his knowledge also where and in
what Port shee tooke in her lading of what Countrey built how manned who was Master during the Voyage and
who are owners thereof and in all Out Ports or Members to come directly up to the place of unlading as the
condition of the Port requires and will admitt and making Entries as aforesaid upon the penalty of the forfeiture
of One hundred pounds
II. Ships exporting not to take in Lading till Ship entered with Officer of the Customs.
Particulars of Entry; and before Departure to deliver a Content in Writing to Officer; what the same is to contain; and to answer on Oath Questions by Officers touching Goods, &c. laden on board.; Penalty £100.; Captains, &c. of Ships importing not to discharge, &c. till they have declared in Writing the Name of Merchant and Number and Marks of Package.; and have answered Questions touching the same on Oath.; Penalty £100.; Refusing to make Entries, &c. Officer may go on board and bring away prohibited or uncustomed Goods.
And be it further enacted by the Authority aforesaid That no Captaine Master Purser or any other person or
persons taking charge of any Ship or Vessell bound for the parts beyond the Seas or into the Kingdome of
Scotland whether the same Ship or Vessel shall have Commission from or belong unto the Kings Majestie that
now is His Heires or Successors or shall belong to or have Comission from any forrain Prince or State or
otherwise shall take in or suffer to be taken into or laden aboard any such Ship or Vessell any English Goods
Wares or Merchandize to be exported into the parts beyond the Seas or into the Kingdome of Scotland untill
such Captaine Master Purser or other person as aforesaid shall have entred such Shipp or Ships in the Booke of
the Commissioners Customer or Collector and Comptroller Outwards of such Port where he shall load or take
in Goods togeather with the Name of such Captaine or Master the Burden of such Shipp or Vessell the Number
of Guns and Ammunition she carries and to what Port or Place she intends to passe or sail and before he or
they shall depart with his or theire Shipp or Vessel out of such Port or Place shall bring and deliver unto the
said person or persons which [are or (fn. 1) ] shall be appointed by His Majesty for managing the Customs the Customer
or Collector and Comptroller of such Port or Place a Content in Writing under his or theire Hands of the
Names of every Merchant and other person or persons that shall have laden and put on board any such Ship or
Vessel any such Goods or Merchandize togeather with the Marks & Numbers of such Goods and Merchandize
and shall likewise publiquely in the open Custome house upon his Corporal Oath to the best of his knowledge
have answered to such question or questions as shall be demanded of him by the said person or persons which
are or shall be appointed by His Majestie for managing the Customes the Customer or Collector and Comptroller
or theire Deputies concerning such Goods and Merchandize as shall be aboard such Ship or Vessel upon pain of
Forfeiture of One hundred pounds And that no such Captain Master Purser or other person or persons taking
charge of any Ship or Vessel of Warre as aforesaid wherein any Goods Wares or Merchandizes shall have beene
laden or brought from the Ports beyond the Seas or out of the Realm of Scotland shall unload or put on
board any Lighter Boat or Bottome or lay on land or suffer to be discharged or put into any Lighter Boat or
ottom or to be laid on land out of any Ship or Vessel as aforesaid any Goods Wares or Merchandize whatsoever
before such Captaine Master Purser or other person taking charge of the Shipp or Merchants Goods for that
Voyage as aforesaid shall have signified and declared in writing under his or theire Hands. unto; the person or
persons which are or shall be appointed by His Majesty for managing the Customes the Customer or Collector
and Comptroller Inwards of the Port where he ariveth the Names of every Merchant or Lader of any Goods, oc
Merchandizes aboard the said Ship or Vessell togeather with the Number and Marks and the quantity and quality
of every Parcel of Goods and Merchandizes to the best of his knowledge and shall have answered upon his or
theire Corporal Oath to such Questions concerning ( (fn. 2) ) Goods and Merchandizes as shall be publiquely administred
unto him in the open Custom house' by such person or persons which are or shall bee appointed for managing
the Customes Customer or Collector and Comptroller or theire Deputies and shall be lyable to all Searches and
other Rules which Merchants Ships are subject unto by the usage of His Majesties Custome house (victualling
Bills & entring excepted) upon pain to forfeit One hundred pounds And upon refusall to make such Entries as
aforesaid as wel Outwards as Inwards the said person or persons which are or shall be appointed for managing the
Customes and Officers of His Majesties Customes and theire Deputies shall and may freely enter and go on board
all and every such Ship or Vessel of War and bring from thence on shoar into His Majesties Store house belonging
to the Port where such Ship shall bee all Goods and Merchandizes prohibited or uncustomed which shall be found
aboard any such Ship as aforesaid
III. Officers of Customs authorized to go on board Ships Outward and Inward bound and bring away Goods, (except Jewels).
Goods to remain in Storehouse till Duties paid, unless time allowed.; Officers may remain on board.; Master, &c. suffering Packages on board to be opened; and Goods embezzled; Penalty £100.
And be it hereby alsoe enacted That the said person or persons which are or shall be appointed for managing
the Customes and Officers of His Majesties Customes and theire Deputies are hereby authorized and enabled to
goe and enter aboard any Ship or Vessel as wel Ships of War as Merchant Ships and from thence to bring on
shoar all Goods prohibited or uncustomed except Jewels if they be Outwards bound and if they be Ships or
Vessels Inwards bound from thence to bring on shoare into His Majesties Store house as aforesaid all small Parcels
of Fine Goods or other Goods which shall be found in Cabbins Chests Truncks or other small Package or in
any private or secret place in or out of the Hold of the Ship or Vessell which may occasion a just suspition
that they were intended to be fraudelently conveyed away And all other sorts of Goods whatsoever for which
the Dutyes of Tonnage and Poundage were not payed or compounded for within twenty dayes after the first Entry
of the Ship to be put and remaine in the Store house aforesaid until His Majesties Duties. thereupon be justly
satisfied unlesse the said person or persons which are or shall be appointed by His Majesties for managing the
Customs and Officers of the Customes shall see just cause to allow a longer time and that the said person or
persons which are or shall be so appointed to manage the Customs and the Officers of the Customs and theire
Deputies may freely stay and remain aboard untill all the Goods are delivered and discharged out of the said
Ships or Vessells And if any Master Purser or Boat swain or other taking charge in any Ship or Vessel or any
other person whatsoever shall suffer any Trusse Bale Pack Fardel Cask or other Package to be opened aboard the
[said (fn. 3) ] Ship or Vessel and the Goods therein to be imbezelled carried away or put into any other Form or Package
after the Ship comes into the Port of her discharge in every such case the said Master Purser Boat swain or others
shall forfeit the sum of One hundred pounds
IV. If, after clearing Ship, &c. any Goods be found on board concealed, and on which Duties have not been paid.
Penalty £100.; Persons authorized by Writ of Assistance may enter Houses, &c. break open Doors, &c. and seize; putting Seizures into His Majesty's Storehouse.
And be it further enacted by the Authority aforesaid That in case after the clearing of any Ship or Vessel by
the person or persons which are or shall be appointed by His Majesty for managing the Customes or any theire
Deputies and discharging the Watchmen or Tidesmen from attendance thereupon there shall be found on board such
Ship or Vessell any Goods Wares or Merchandizes which have beene concealed from the knowledge of the said
person or persons which are or shall be so appointed to manage the Customes and for which the Custome Subsidy
and other Dutyes due upon the Importation thereof have not beene paid then the Master Purser or other person taking
charge of such Shipp or Vessell shall forfeit the sum of One hundred pounds And it shall be lawfull to or for any
person or persons authorized by Writt of Assistance under the Seale of His Majestyes Court of Exchequer to take
a Constable Headborough or other Publique Officer inhabiting neare unto the place and in the day time to enter
and go into any House Shop Cellar Ware-house or Room or other place and in case of resistance to breake
open Doores Chests Trunks and other Package there to seize and from thence to bring any kind of Goods &
Merchandize whatsoever prohibited or uncustomed and to put and secure the same in His Majesties Store house in
the Port next to the place where such seizure shall be made
V. collectors, &c. of Customs to give an Account to the Collector and Surveyor in the Port of London, under 12 Car. II. c. 18. of foreign-built Ships in Port, who are to transmit same to the Exchequer on or before Dec. 1662.
All foreign-built Ships not bought before 1st Oct. 1662 deemed Aliens.; Recital of 12 Car. II. c. 18.; Mariners of England, Ireland, and Plantations, to be accounted English.
And for the better encrease of Shipping and Navigation be it further enacted That the collectors and other
Officers of His Majesties Customes in all the Ports of England shall forthwith give an account unto the Collector
and Surveyor in the Port. of London (appointed by His Majesty for all Duties and Matters relating to a late act
entituled An act for encreasing and encouraging of Shipping and Navigation) of all Forreign built Shipps in theire
Ports owned and belonging to the people of England of what built and burthen they are for which Certificates
have beene made according to the said act and that the said Collector and Surveyor shall make a true and perfect
list of all such Shipps attested under theire hands and transmit the same into His Majesties Court of Exchequer on
or before the Moneth of December in the yeare One thousand six hundred sixty and two there to remaine upon
record And that no Forreign built Ship (that is to say) not built in any of His Majesties Dominions of Asia Africa
or America or other then such as shall (bona fide) be bought before the First of October One thousand six hundred
sixty and two next ensuing and expresly named in the said List shall enjoye the priviledge of a Ship belonging to
England or Ireland although owned or manned by English (except such Ships only as shall be taken at Sea by
Letters of Mart or Reprizal and Condemnation made in the Court of Admiralty as lawfull Prize) but all such
Ships shall be deemed as Aliens Ships and be liable unto all Duties that Aliens Ships are liable unto by vertue
of the said act for encrease of Shipping and Navigation And whereas it is required by the said act that in sundry
cases the Master and three fourths of the Mariners are to be English it is to be understood that any of His
Majesties subjects of England Ireland and His Plantac[i]ons are to bee accounted English and no others and that
the number of Mariners be accounted according to what they shall have been during the whole Voyage
VI. Recital that Officers of the Customs have been abused, &c.
Persons abusing, &c. Officers.; Imprisonment, till next Quarter Sessions, and Penalty not exceeding £100, and to remain till discharged by Exchequer.
And whereas of late some of the persons appointed by His Majesty for managing the Customes and the Officers
of the Customes and theire Deputies have been hindred affronted abused beaten and wounded to the hazard of theire
lives in the due execution of theire several trusts & services in theire respective places by armed companies and
multitudes of men and goods prohibited and uncustomed have by force and violence as well by Land as by Water
been forcibly carried and conveyed away Bee it enacted by the Authority aforesaid That where any Officer or Officers
shall be by any person or persons armed with Club or any manner of Weapon forcibly hindred affronted abused
beaten or wounded as aforesaid either on board any Ship or Vessel or upon the Land or Water in the due execution
of theire Office all and every person and persons so resisting affronting abusing beating or wounding the said
Officer or Officers or theire Deputies or such as shall act in theire aid or assistance shall by the next Justice of
Peace or other Magistrate be committed to Prison there to remain till the next Quarter Sessions And the Justices
of the Peace of the said Quarter Sessions shall and are hereby impowered to punish the Offender by Fine not
exceeding One hundred pounds and the Offender is to remaine in Prison till he be discharged by Order of the
Exchequer both of the Fine and of the Imprisonment or discover the person that set him on worke to the end
he may be legally proceeded against.
VII. Wharfingers, &c. landing or suffering to be landed prohibited or uncustomed Goods.
Exception for Port of Hull under I Eliz. c. 11.; without Notice or Presence of Officer, Penalty £100.; Goods outward and inward laden or unladen without Warrant, &c. forfeited, and Penalty on Master, &c.; Carmen, &c. assisting; being apprehended by Warrant.; First Offence, Imprisonment till Surety for good Behaviour; Subsequent Offence, Imprisonment for Two Months, or until £5 paid.
And be it further enacted by the Authority aforesaid That if any Wharfinger or Keeper of any Wharf Crane or
Key or theire Servants or any of them shall take up or land or knowingly suffer to be taken up or landed or shall
Ship off or suffer to be Water-born at or from any of theire said Wharfs Cranes or Keys any Goods Wares or
Merchandize prohibited or whereof any Custome Subsidy or other Duties are due and payable unto the Kings
Majesty without the presence of some of the Officers of His Majesties Customes thereunto appointed or att houres
and times not appointed by Law (except in the Port of Hull as in the Statute of the First yeare of Queene Elizabeth
Chapter the eleventh is excepted and not otherwise) or Goods passing by Certificates Waste Cocquett or otherwise
without the presence or notice given to One or more of His Majesties Officers that in every such case all and every
such Wharfinger and Keeper of such Wharfe Crane or Key shall forfeit and pay the Su[m]m of One hundred pounds
And if any Goods or Merchandize shall be Laden or taken in from the Shore into any Barke Hoy Lighter Barge
Wherry or Boat to be carryed aboard any Shipp or Vessell Outwards bound for the parts beyond the Seas or laden
or taken in from or out of any Ship or Vessell coming in and arriving from foreign parts without a Warrant and
the presence of One or more Officers of the Customes such Bark Hoy Lighter Barge Boat or Wherry shall be
forfeited and lost and the Master Purser Boatswain or other Mariner of any Ship inward bound knowing and
consenting thereunto shall forfeit the value of the Goods so unshipped And further That in case any Carman Porter
Waterman or other person or persons whatsoever shall assist in the taking up landing shipping off or carrying away
any such Goods Wares or Merchandizes that then such Carman Porter Waterman or other person or persons so
offending being apprehended by Warrant of any Justice of the Peace for that County Citty or Borough which the said
Justices and every of them [are (fn. 4) ] hereby authorized to issue and to examine Witnesses upon Oath concerning such
fact and the same being proved by the Oath of two Witnesses the said Offenders for such first Offence shall and may
by such Justice of the Peace be committed to the next Gaol there to remaine till he and they find sufficient Surety
to be of the good behaviour for so long time untill he & they shall be thereof discharged by the Lord Treasurer
Chancellor Under Treasurer or Barons of the Exchequer And in case he or they so convicted shall afterwards at
any time offend in the like kind then he and they shall and may by any Justice of the Peace as aforesaid bee committed
to the next Gaol there to remaine for the space of Two Moneths without Bail or Mainprize or untill he shall pay
unto: the Sheriffe of that County the Su[m]m of Five pounds for the use of His Majesty or untill he shall by the Lord
Treasurer Chancellor or Under Treasurer or Court of Exchequer be thence discharged
VIII. Coasting Goods shipped without Sufferance or Warrant.
Goods forfeited Masters of Coasting Ships to take out Cocquet, and enter into Security for Delivery of Goods before Removal of Ship,; Dangers of the Sea excepted; and return a Certificate from Officers of the landing.
Bee it further enacted by the Authority aforesaid That if any Goods Wares or Merchandizes shall be shipped or
put on Board to be carried forth to the open Sea from any one Port Creeke or Member in the Kingdome of England
Dominion of Wales or Port and Town of Berwick to be landed at any other place of this Realme without a Sufferance
or Warrant first had and obteyned from the said person or persons which are or shall be appointed for managing
the Customes and Officers of His Majesties Customes all such Wares and Merchandizes shall be forfeited and lost
and that the Master of every Ship or Vessel that shall lade or take in any such Goods Wares or Merchandizes in
any Port Member or Creeke within this Kingdome of England Dominion of Wales or Town and Port of Berwick to
be landed and discharged in some other Port Member or Creek of the said Kingdome of England Dominion of Wales
or Town and Port of Berwick shall before the Ship or Vessell be removed or carried out of the Port (where he shall
take in his lading) take out a Cocquet or Cocquets and become bound to the Kings Majesty with good Security in
the value of the Goods Wares and Merchandizes aforesaid for delivery and discharge thereof in the Port or place
for which the same shall be entred as aforesaid or in some other Port or place within the said Kingdome of England
Dominion of Wales or Port and town of Berwick and (the dangers and accidents of the Seas excepted) to return a
Certificate within Six monthes after the date of such Cocquet and Cocquets under the Hands and Seals of the
Kings Majesties Officers signed alsoe by some of the said person or persons which are or shall be appointed by
His Majesty for managing the Customes or theire Deputy or Deputies in every respective Ports Members or Creeks
where the same shall be landed and discharged to His Majesties Officers of the Customes to whom such security
hath been given as aforesaid that such Goods Wares and Merchandizes were there landed and discharged accordingly
upon the penalty of the forfeiture of the Bond and Security aforesaid.
IX. Officers granting false Certificates;
Loss of Office, Penalty £50, Imprisonment, Incapacity, and liability to Corporal Punishment. Falsifying Cocquets, &c.; Penalty £100, and Cocquet, &c. invalid. Goods coasting put on Shore before Cocquet delivered to Officer.
And be it hereby further enacted That if any Officer of any Port Member or Creek shall grant or make any false
Certificate of any Goods or Merchandizes which should have beene landed out of any Ship or Vessel that such Officer
shall lose his Imployment and moreover forfeit the Su[m]m of Fifty pounds and suffer one yeares Imprisonment without
Bail or Mainprize and be incapable of serving His Majesty in any place of Trust concerning His Customes and be
further liable to such Corporal punishment as the Court of Exchequer shall thinke fitt And if any person whatsoever
shall counterfeit rase or falsifie any Cocquet Certificate or Return Transire Let-passe or any other Custome house
Warrant hee shall forfeit One hundred pounds and the Cocquet Certificate or Return shall be invalid and of none
effect And if any Goods Wares or Merchandizes brought or coming into any Port Haven or Creeke within the
Kingdome of England Dominion of Wales or Port and Town of Berwick from any other Port Haven or Creek
within the Kingdom of England or Dominions aforesaid by Port Cocquet Transire Let passe or Certificate in Ships
or Vessels shall be landed or put on Shore before such Cocquet Transire Let-passe or Certificate shall be delivered
to such person or persons which are or shall be appointed by His Majesty for managing His Customes the Customer
or Collector and Comptroller of the Port or place of theire Arrival or to their Deputy or Deputies and a Warrant
or Sufferance made and given from such person or persons Customer or Collector and Comptroller or theire Deputy
and Deputies aforesaid for the landing and discharging thereof.
X. Goods for which Custom due concealed in Ships and exported.
Penalty on Owners.; Coal to pay Double Duty as by 12 Car. II. c. 4.
And be it further enacted by the Authority aforesaid That if any Goods Wares or Merchandizes for which the
Duties of Subsidie or Custome are due and payable to the Kings Majesty shall be secretly conveyed on board any
Shipp or Vessel before the Custom and Subsidy thereof be duly answered and paid and shall escape the discovery
thereof by the Officers of the Customs or others and be carried into the parts beyond the Seas in such case the
Owners or Proprietors of such Goods Wares or Merchandizes or other person or person who shall have soe shipped
or caused the same to be shipped and transported shall forfeit the double value of the Goods computed according to
the Booke of Rates except for Coal which so secretly exported as aforesaid shall pay double the Custome and Duty
to be collected and levied in such manner as by the act of Tonnage and Poundage is directed and appointed.
XI. Every Merchant to subscribe one of the Bills of Entry, &c.
or no Entry to be suffered.
Be it [further (fn. 5) ] enacted by the Authority aforesaid That for preventing of frauds in colouring of Strangers Goods
and otherwise every Merchant or other passing any Goods Wares or Merchandizes Inwards or Outwards shall
by himselfe or his known Servant Factor or Agent subscribe One of his Bills of every Entry with the Marke
Number and Contents of every Parcell of such Goods as are rated to pay by the Peice or Measure and Weight
of the whole Parcell of such Goods as are rated to pay by the Weight without which the Officers of the Customes
shall not suffer any Entry to pass
XII. Children of Aliens under 21 not to be Traders.
And that no Children of Aliens under the age of twenty one yeares be permitted to be Traders or any Goods
or Merchandizes to bee entred in theire names.
XIII. Proviso concerning Party Jury.
Be it alsoe hereby enacted That upon any Actions Suits and Informac[i]ons that shall be brought co[m]menced or
entred upon any Law or Statute concerning the Kings Majesties Subsidies of Tonnage and Poundage or Ships or
Goods to be forfeited by reason of unlawfull Importation or Exportation there shall not be any Party Jury but
such only as are the natural and free born subjects of the King His Heires or Successors.
XIV. Recital of Allowance for Damages.
Mearchants to demand such Allowance upon Oath. Shipping out less Goods than expressed in Certificate; Penalty.; Goods shipped out by Certificate landing again. Proviso for Case of Distress.; No Allowance, and Goods forfeited. Goods brought from Scotland by Land to pass through Berwick or Carlisle, and there pay Custom, under 12 Car, II. c. 4.; Prohibited Goods passing; forfeited, or the Value.
And whereas Allowances given to Merchants and others for Defects and Damages upon Goods and Five per
centũ generally upon all Goods imported and Twelve per centũ upon Wines every Merchant or others having the
aforesaid Allowances Inwards shall in person upon Oath by himselfe or by his knowne Servant or Factor demand
and receive the Moneys due upon Debentures for such forein Goods exported by Certificate with such Abatements
and Allowances as were made and given to him upon the Importation and if he be found fraudulently to ship out
lesse in quantity or value then is expressed in his Certificate the Goods therein mentioned or the value thereof
shall be forfeited and the Owner or Merchant shall lose the benefit of receiving back any part of the Subsidy for
those Goods And if any Goods shipped out by Certificate as aforesaid shall be landed againe in the same or
any other port or place within the Kingdome of England Dominion of Wales and Town and Port of Berwick
(unlesse in case of Distresse to save the Goods from perishing which shall be presently made knowne to the
person or persons which are or shall be appointed by His Majesty to manage his Customes and principall Officers
of the Port) no Allowance shall be demanded or made for those Goods and the said Goods or value thereof shall
be forfeited and lost. Be it further enacted by the Authority aforesaid That all Goods Wares and Merchandize
that shall be brought out of or carried into the Kingdome of Scotland by Land into or out of the Kingdome of
England Dominion of Wales or Port and Town of Berwick shall passe and be carried by and through some of
the Towns and Passages hereafter named (that is to say) by and through Berwick or Carlile and then and there
pay the Custom and Subsidy granted and due to the Kings Majesty by an act of this present Parliament entituled
A Subsidy granted to the King of Tonnage and Poundage and other Su[m]ms of Money payable upon Merchandize
exported and imported. And if any Goods Wares or Merchandize prohibited or uncustomed coming out of Scotland
into England or going out of England into Scotland shall passe by or beyond the Townes Ports and Places aforenamed
without due Entry and Payment of the Customes that then all such Goods Wares and Merchandize or the value
thereof shall be forfeited and lost
XV. Recital of I Eliz. c. II. § 2.
Recital that notwithstanding the said act there were Ports to which no Commissions were sent, &c. and that by Alteration of Rivers, &c. Places then appointed had become useless, &c. Further Ports, &c. may be assigned by Commission out of the Exchequer, except Hull. Officers to reside in such assigned Ports, &c. for passing, &c. Ships and Goods.; By virtue of such Commissions Limits, &c. of Ports, &c. may be appointed. Goods, &c. not to be laden on board, &c. for Exportation; (Exception of Fish, &c.) nor landed, &c. on Importation; Exception of Fish, &c. but upon Places so assigned; without special Sufferance, &c. on Forfeiture of Goods.
And whereas in and by an act of Parliament in the First Yeare of Queen Elizabeth of famous Memory
directing when and where Merchandize shall be landed and Customes paid it is amongst divers other things
enacted and ordained That no Goods Wares or Merchandize shall be shipped or loaden aboard any Shipp or
Vessel or landed or discharged out of or from any Shipp or Vessel but in or upon some such open Place Key or
Wharf Places Keys or Wharfs (except the Port of Hull) as Her Highnes Her Heires and Successors should therefore
assign and appoint by vertue of Her Highnes Commission or Commissions within the Port of London and in all
Ports Creeks Havens or Roads as in and by the said act doth and may at large appeare And whereas notwithstanding
the aforesaid act there are some Ports Creeks and Places where Customers collectors & Comptrollers and Searchers
and theire Servants had then time out of mind been resident to which no such Commissions were sent nor Places
Keys nor Wharfs appointed as by the said act was directed And whereas alsoe since that time by reason of the
alteration of Rivers Streames Channels and Sands some places then appointed are become unfit and uselesse and
others much more convenient and commodious as well for Traffique & Co[m]merce as for landing and discharging
lading and shipping of Goods Wares and Merchandize It is enacted and ordained and be it enacted and ordained
by the Authority aforesaid That the Kings Majesty may from time to time by His Highnes Co[m]mission or Commissions
out of His Court of Exchequer assign and appoint all such further Places Ports Members and Creeks (except the
Town of Hull) as shall be lawfull for the landing and discharging lading or shipping of any Goods Wares or
Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and
to what [ (fn. 6) ] and Head Ports respectively such Places Members or Creeks shall belong and appertain And
where any such Member Creek or Place shall be so (as aforesaid) appointed by vertue of the said Co[m]mission or
Commissions the Customer Collector Comptroller and Searcher of the Head-Port shall by themselves or their sufficient
Deputy or Deputies Servant or Servants reside and inhabit for the entring clearing and passing shipping and
discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may
likewise set downe and appoint the Extents Bounds and Limits of every Port Haven or Creek within His Majesties
Kingdome of England Dominion of Wales and Town and Port of Berwick whereby the Extents Limits and
Priviledges of every Port Haven and Creek may be ascertained and known And it shall not be lawfull for any
person or persons whatsoever to lade [or put (fn. 7) ] or cause to be laden or put off or from any key Wharff or other
place on the land into any Shipp Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever
(Fish taken by His Majesties subjects Sea coal Stone and Bestials only excepted) to be transported into any place
of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on
land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Shipp Vessel or Bottom
(being not in Leake or Wreck) any Goods Wares or Merchandize whatsoever (Fish taken by His Majesties subjects
Bestials and Salt only excepted) to be brought from any of the parts beyond the Seas or by land from the
Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharff Places Keys or Wharfs
as His Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as
aforesaid in His Majesties Port of London and the Members and Liberties thereof in any other Port Place Member
or Creek within His Majesties Kingdome of England Dominion of Wales and Town and Port of Berwick without
special sufferance and leave first had from the Commissioners and Officers of His Majesties Customes upon the
penalty of the forfeiture of all such Goods Wares and Merchandize
XVI. Recital of Combinations between Importers, &c. and Informers, &c.
By what Officers only Ships and Goods may be seized.; Seizures by other Persons void.
And forasmuch as it doth appeare by dayly experience that there are great practises and Combinations betweene
the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to
defraud the force of the Law and His Majesty of His Duties and Customes Be it enacted by the Authority aforesaid
That no Ship or Shipps Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawfull
Importation or Exportation into or out of this Kingdome of England Dominion of Wales or Port and Town of
Berwick or any the Ports Members or Creeks thereunto belonging or for not payment of any Customes or Subsidies
nowe due or hereafter to be due and payable to His Majestie but by the person or persons who are or shall be
appointed by His Majestie to manage His Customes or Officers of His Majesties Customes for the time being or
such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord Treasurer
or Under Treasurer or by special Commission from His Majesty under the Great or Privy Seale And if any
Seizure shall hereafter be made by any other person or persons whatsoever for any the Causes aforesaid such
Seizure shall be void and of none effect Any Statute Law act or Provision to the contrary in any wise
XVII. In Actions against Officers of the Customs and Persons authorized to put in Execution 12 Car. II. c. 18. General Issue may be pleaded, and the acts of Customs.; &c. given in Evidence.
Judges to admit the same, and to indemnify.
And be it further enacted by the Authority aforesaid That in every Action Suit Indictment Information or
Prosecution wherein or whereby the person or persons which are or shall be appointed by His Majesty for managing
His Customes or the Officers of His Majesties Customes or any Officer or Officers Person or Persons authorized
by His Majesty to put in execuc[i]on the act of Parliament for encreasing and encouraging of Navigac[i]on theire
Deputies or Servants or any others acting in aid of them have beene are or shall be sued indicted prosecuted or
molested it shall be lawfull for all and every the said Persons theire Heires Executors and Administrators to plead
the general Issue and to give this or the aforesaid acts of Parliament relating to the Customes and Navigation in
evidence in any of His Majesties Courts of Justice or other Courts where the said Matter shall be depending And
the Judges of the said Courts are hereby strictly enjoyned and required to admitt the same and to acquitt and
indempnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or
concerning any matter or thing acted or done in the due and necessary performance and execution of theire. respective
Trusts and Imployments therein
XVIII. Persons seizing, &c. and not prosecuting with Effect
then Officer may seize and inform; or bring Action by way of Devenerunt, and be adjudged the true first Informer.; Informer or Officer compounding, Penalty.
Be it hereby alsoe enacted for avoiding of fraudulent Compos[i]cons That if any Seizer Informer or Officer as
aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize
by them seized or informed against That then and in every such case it shall be lawfull to or for any of the person
or persons which are or shall be appointed by His Majesty for managing his Customes or the Officers of the Customes
or other person or persons deputed by them or thereunto authorized by the Lord Treasurer or Under Treasurer
to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of
Devenerunt and that they shall be esteemed and adjudged in Law as the true First Informers and Seizers and have
the benefitt of such Informers or Seizers Any Law Statute act or Usage to the contrary in any wise notwithstanding
And that no Informer or Officer be suffered to compound under one Third of the appraised value upon losse of
XIX. Officers taking Bribes, &c. or conniving at false Entries.
Penalty £100, and Incapacity.; Penalty on Merchant, &c. £50.
Be it further enacted by the Authority aforesaid That if any of the Kings Majesties Officers or other persons
appointed to manage His Majesties Customes Searchers Waiters or other person or persons whatsoever deputed and
appointed by and under them or any of them or any other Authority whatsoever and imployed in or about the Affaires of
the Kings Customes and Subsidies shall directly or indirectly take or receive any Bribe Recompence or Reward in any
kind whatsoever or connive att any false Entry of any Goods or Merchandizes whereby the Kings Majesty His
Heires or Successors shall be defrauded or hundred in or of his Customes and Subsidies or other Su[m]ms of money
or Goods prohibited by the Law to be imported or exported into or out of the Kingdome of England Dominion
of Wales Town and Port of Berwick be suffered to passe either by way of Importac[i]on or Exportac[i]on the person
or persons therein offending shall forfeit the Su[m]m of One hundred pounds and be for ever afterwards incapable
of any Office or Imployment under the Kings Majesty His Heires or Successors or any Authority derived from
them as alsoe the Merchant Mariner or other person or persons whatsoever who shall give or pay any such Bribe
Recompence or Reward as aforesaid shall forfeit the Sum of Fifty Pounds
XX. Persons confessing within two Months, discharged.
Provided neverthelesse that if any person or persons offending as aforesaid shall reveal and make known such
his or theire Offence in Two monthes time to the Treasurer of England the Chancellor Under Treasurer or
Barons of the Exchequer he shall for that Offence be clearely acquitted & discharged
XXI. Regulations for landing Foreign Goods permitted to be landed.
Officer to give Account of Entry of such Goods.; Penalty £100.
And be it further enacted That all forreign Goods and Merchandize which by the person or persons which are
or shall be appointed by His Majesty for the managing of the Customes and the Customer Collector and Comptroller
shall be permitted to be landed and taken up by Bills att sight Bills att view or sufferance shall be landed att the
most convenient Keys or Wharfs where the said person or persons soe to bee appointed Customer or Collector and
Comptroler shall appoint and not else where and there or in His Majesties Store house of the respective Ports
at the Election of the said person or persons so to be appointed and Officers shall be measured weighed and numbred
by and in the presence of the Officers to be thereunto particularly appointed which said Officers so appointed shall
perfect the Entry and thereunto [shall (fn. 8) ] subscribe theire Names and the next day following shall give Accompt and
make report of every respective Entry so perfected as aforesaid to the said person or persons which are or shall
be appointed to manage His Majesties Customes Customer or [Collector & (fn. 8) ] Comptroller aforesaid without reasonable
cause to be allowed by the said person or persons or Officers aforesaid or in default thereof shall forfeit the su[m]m
of One hundred pounds
XXII. Packets importing or exporting Goods.
Penalty £100, and Goods forfeited.
Be it alsoe enacted That no Ship Vessell or Boat appointed and imployed ordinarily for the Carriage of Letters
and Packquets shall unlesse it be in such Cases as shall be allowed by the said person or persons which are or
shall be appointed to manage His Majesties Customes or Officers aforesaid) import or export any Goods or
Merchandize into or out of the parts beyond the Seas upon the penalty of the forfeiture of One hundred pounds
to be paid by the Master of the said Vessel or Boat with the losse of his place and all Goods and Merchandize that
shall be found on board any such Shipp Vessel or Boat shall be forfeited and lost.
XXIII. Doubts about Goods prohibited by 12 C. II. c. 18.
Certain Goods not to be imported in any Ships whatever. Penalty.
And whereas some Doubts and Disputes have arisen concerning the said late act for encreasing and encouraging of
Shipping and Navigation about some of the Goods therein prohibited to be brought from Holland and the Parts and
Ports thereabouts Be it enacted and declared That no sort of Wines (other then Rhenish) no sort of Spicery Grocery
Tobacco Potashes Pitch Tar Salt Rozen Deale Boards Fir Timber or Olive Oyle shall be imported into England
Wales or Berwick from the Netherlands or Germany upon any pretence whatsoever in any sort of Ships or Vessels
whatsoever upon penalty of the losse of all the said Goods as alsoe of the Ships and Furniture
XXIV. Recital of 12 C. II. c. 18. § 17. and that small Shallops do not come into Harbours where Officers are.
And whereas alsoe by the said acts for incouraging and increasing of Shipping and Navigation an Imposic[i]on of
Five shillings per Tun is laid upon all Shipps or Vessels belonging to any subjects of the French King which shall
come into any Port Harbour Creek or Road of England Ireland Wales or Town of Berwick upon Tweed and shall
there lade or unlade any Goods or take in or set on shore any Passengers Yet notwithstanding there is great
difficulty in recovering the said Duty because small Shallops [come (fn. 8) ] not into Harbours where Officers are but either
Vessels mentioned in the said act putting on Shore Goods, &c. without Payment of Customs, &c. to pay Duties, and Penalty £10. Boatmen, &c. going to such Vessels. Penalty.
put theire Goods and Passengers on shore or Boats come out of Harbours which privately convey them on shoare
there being no penalty in the act against such Offenders Be it therefore enacted That any such Ship or Vessel upon
which the abovesaid Imposition of Five shillings per Tun is due and payable which shall either put on shore or put
over in-to any Boat any Goods or Passengers without payment of Custom and Imposic[i]on of Tonnage att any time
returning into any Harbour Port or Creeke of England or Ireland shall not onely pay the Duties formerly due
but forfeit the su[m]m of Ten pounds And whatsoever Pilott Waterman or Boat man which shall from any Harbour
Port or Creek go out and bring any Goods from on board such Vessel shall not only be lyable to pay the Duty of
Tonnage which the said Vessell should have paid but forfeit the su[m]m of Forty pounds
XXV. Vinegar, Perry, &c. imported to pay Duties laid on French Wines by 12 Car. II. c.4. and exonerated from Subsidy or Poundage.
Allowance on Exportation.
Be it alsoe hereby enacted That Vinigar Perry Rape Cider and Cider-eager of any sort or kind whatsoever
imported from and after the Foure and twentieth day of June One thousand six hundred sixty and two from Forreigne
Parts is hereby rated to pay to the Kings Majesty a Subsidy of Tonnage of Foure pounds Ten shillings per Tun
imported by English and Six pounds imported by Strangers according to the Rate already imposed and set upon
French Wines to be collected and levied for such time and in such manner as by the act of Tonnage and Poundage
is directed and appointed And the same are by vertue of this act exonerated & discharged of all further and other
Su[m]ms heretofore set or charged upon those Comodities by or under the name of Subsidy or Poundage And in case
of Exportation there shall be repaid and allowed to the English man Exporter the su[m]m of Three pounds Ten shillings
per Tun and to the Alien Four pounds Fifteen shillings per Tun to be repaid according to the Rules of the Booke
of Rates now established.
XXVI. Recital of Use of Logwood by Dyers.; Recital of 23 Eliz. c.9.
and 39 Eliz. c. II; Repealed as to Logwood, and Logwood may be imported and used in Dying,; Provided such Importation be according to 12 Car. II. c. 18.; Duty on Importation; Allowance to Exporter.
And whereas the ingenious Industry of these times hath taught the Dyers of England the Art of fixing the
Colours made of Log wood alias Blockwood so as that by experience they are found as lasting and serviceable as
the Colours made with any other sort of Dying wood whatsover And whereas by a Statute made in the Three and
twentieth yeare of the Reign of Queen Elizabeth of famous Memory intituled Log wood and Blockwood shall not
be used in dying of Cloth &c. And by another Statute made in the Nine and thirtieth yeare of the aforesaid Queen
Elizabeth (intituled The Penalty for mixing or using of Log wood in Dying Cloth or other Stuff) all Log wood alias
Blockwood that shall be found within this Kingdome shall be forfeited and openly burned with divers other Paines
Penalties and Forfeitures upon such as shall use the same in dying Cloth or other Comodities as by the said several
acts aforesaid may and doth appeare Be it further enacted by the Authority aforesaid That the aforesaid Statutes
and either of them be and are hereby repealed and made void as to all Clauses Articles Provisions and Penalties
in any wise relating to the prohibition or use of Log wood al[ia]s Blockwood And that from and after the First day of
February One thousand six hundred sixty and one It shall and may be lawfull to and for any person or person
freely to import into this Kingdome of England Dominion of Wales and Town and Port of Berwick upon Tweed
any quantities of Logwood al[ia]s Blockwood and freely to use the same in dying or colouring any sort of Goods or
Manufacture whatsoever The aforesaid two Statutes or any other Law Statute Usage Custome Patent of Priviledge
Proclamation or other Restraint Matter or Thing to the contrary thereof in any wise notwithstanding Provided that
such importac[i]on bee according to the Rules prescribed and enjoy[n (fn. 9) ]ed in the late act entituled An act for encouraging
and encreasing of Shipping and Navigation & paying a Subsidy to the Kings Majesty His Heires and Successors for
every Tun of the said Logwood ats Blockwood so to be imported after the rate of Five pounds and after that rate
for any greater or lesser quantity according to such Rules and under such Penalties as are provided for all other
imported Goods in a late act intituled An act of Subsidy granted to the King of Tonnage and Poundage and
other Sums of Money payable upon Merchandize exported and imported excepting only that for all of the said
Comodities exported according to the Rules of the Booke of Rates there shall be repaid to the Exporter the Sum
of Four pounds per Tun the said Rate for Logwood al[ia]s Blockwood to be collected and levied for such time and in
such manner as by the act of Tonnage and Poundage is directed and appointed
XXVII. Actions, &c. on 12 Car. II. c. 18. prosecuted in the Exchequer.
In Suits, &c. on 12 Car. II. c.4. and any other act concerning Importation of Goods, &c.; Onus Probandi on Owner.; Proviso that in Informations on 12 Car. II. c. 18. Defendants may have a Commission out of Chancery to examine Witnesses abroad.
And be it further enacted That all Actions Suites and Informations to be had and commenced upon the act
for encouraging and increasing of Shipping and Navigation or any Clause or Article therein may be entred and
prosecuted in His Majestics Court of Exchequer at Westminster That upon all such Suites & Informac[i]ons to be
brought upon the act of Tonnage and Poundage and the act aforesaid or any other act or Statute concerning
the Importac[i]on of Goods or Merchandize from the parts beyond the Seas if the property thereof be claimed by
any person or persons as the Importer thereof in such case Onus Probandi shall lye upon the Owner or Claimer
thereof Provided that in case the Seizure or Information shall be made upon any Clause or Thing conteyned in the
late act intituled An act for the incouraging and increasing of Shipping and Navigation that then the Defendant or
Defendants shall on his or theire request have a Commission out of the High Court of Chancery to examine Witnesses
beyond the Seas and have a competent time allowed for the return thereof before any tryall shall be had upon the
Case according to the distance of place where such Commission or Commissions are to be executed and that the
Examination of Witnesses so returned shall be admitted for evidence in Lawe at the tryal as if it had beene given
Viva voce by the Examinate in Court Any Law Statute or Usage to the contrary in any wise notwithstanding.
XXVIII. No Writ of Delivery to be had but on Security.
In what Cases to be had.
And be it alsoe enacted and ordained by the Authority aforesaid That no Writ of Delivery shall be granted
out of the Court of Exchequer for Goods seized but upon [good (fn. 9) ] Security and that for Goods perishable only or
in cases where the Informer shall defer or delay his coming to as speedy a Tryal as the Course of that Court
will permit and shall be thereby ordered and directed
XXIX. Penalties how to be distributed.
And be it further enacted by the Authority aforesaid That one Moyety of all the Forfeitures before in this act
menc[i]oned & appointed shall be to the Kings Majestie His Heires and Successors and the other Moyety to such
person or persons as shall seize or sue for the same by Bill Plaint or Information in His Majesties Court of
Exchequer or any other His Majesties Courts of Record wherein no Essoyn Protection or Wager of Law shall be
XXX. All Persons to aid Officers of the Customs in Execution of this act.
And be it further enacted and ordained That all Officers belonging to the Admiralty Captaines and Commanders
of Shipps Forts Castles and Blockhouses as alsoe all Justices of the Peace Mayors Sheriffs Bayliffes Constables and
Headboroughs and all the Kings Majesties Officers Ministers and subjects whatsoever whom it may concern shall bee
aiding and assisting to all and every person and persons which are or shall bee appointed by His Majesty to manage
His Customes and the Officers of His Majesties Customes and theire respective Deputies in the due Execution of all
and every act and Thing in and by this present act required and enjoyned And all such who shall be aiding and
assisting unto them in the due execution hereof shall be defended and saved harmelesse by vertue of this act
XXXI. Deputies, Clerks, &c. in the Customs to take Oath to do their Duty;
and none to be employed till Oath taken.; Commissioners, &c. of Customs to administer and register Oath.
And be it hereby alsoe enacted That all Deputies Clerks and Servants which now have [or hereafter shall have (fn. 10) ]
any Place or Office in or about the Customes and Subsidies by and under the Commissioners or other the Kings
Officers thereof shall before the First day of June next take theire respective Corporall Oath & Oathes for the
true and faithfull execution and discharge to the best of theire knowledge and power of theire several Trusts and
Imployments committed to theire Charge and Inspection And that no person or persons shall hereafter be imployed
or put in trust in the busines of the Customes untill he shall first have taken his Oath as aforesaid And the
Commissioners and principall Officers in the Port of London and the principall Officers in all other the Out ports
or any Two of them are hereby authorized to administer and give to all and every person or persons such Oath
and Oathes as aforesaid and to cause the same to be entred and registred in the Custome House of every
respective Port where the person so taking the Oath as aforesaid shall have his residence and imployment
XXXII. Officers taking undue Fee or putting Merchant out of his turn without Order, &c. or detaining Goods, or refusing Allowances.
Provided alsoe and be it enacted by the Authority aforesaid That if any person imployed in His Majesties
Customes shall demand or take any other or greater su[m]m of Money then by Law is now due or hereafter
shall become due or shall put any Merchant or other person out of his turn without expresse Order before or
immediate approbation after from the person or persons who are or shall be appointed by His Majesty to manage
His Customes or the superior Officers for the Customes or shall illegally detaine the Goods of any person or
shall neglect or refuse to make Repayments and Allowances which are or shall be due since the foure and
twentieth of June One thousand six hundred and sixty or shall not after notice given give out and execute his
Warrant shall be lyable to double Costs and Damages
XXXIII. Exporting or importing Goods to or from Mediterranean in improper Ships.
Rate of £1 per Cent. over Tonnage and Poundage.; Proviso for Exportation of Fish to the Mediterranean.
And for the better [increase (fn. 10) ] of good and serviceable Shipping and secureing the publique Trade and Commerce
Bee it enacted by the Authority aforesaid That all and every Merchant or other person that shall after the nine
and twentieth day of September One thousand six hundred sixty and two export any Goods or Merchandizes
from any Port of this Kingdome capable of a Ship or Vessell of Two hundred Tun upon an ordinary full Sea
to any part or place of the Mediterranean Sea beyond the Port of Malaga or import any Goods or Merchandize
from the Ports or Places aforesaid to any Port of this said Kingdome in any Shipp or Vessell that hath not Two
Decks and doth carry lesse then Sixteene Reeces of Ordances mounted togeather with Two Men for each Gun
and other Ammunition proportionable shall pay to our Soveraigne Lord the King for all and every the Wares
and Merchandizes soe exported or imported One per centu[m] over and above the Rates and Duties of Subsidy of
Tonnage and Poundage otherwise due and payable for the same Any thing in this act before contained to the
contrary notwithstanding Provided alwaies that it shall and may be lawfull to export from any of His Majesties
Dominions Fish into any the Ports of the Mediterranean Sea aforesaid in any English Shipp or Vessell whatsoever
Provided that [one (fn. 11) ] Moyety of her full Lading be Fish only and in such case to import any Wares or Merchandize
in the same Shipp for that Voyage without paying any other Rates or Duties of Tonnage or Poundage for the
same then were heretofore accustomed
XXXIV. Persons, within Seven Years, from March 25, 1662, building Ships of the Description herein mentioned.
And for the better encouragement of building good and defensible Ships Be it enacted That all and every person
or persons that shall within the space of Seaven yeares from and after the Five and twentieth day of March One
thousand six hundred sixty two build or cause to bee built within any of His Majesties Dominions any Shipp or Vessel
of Three Decks or Two Decks and a halfe with a Fore Castle and Five Foote betweene each Decke mounted with
Thirty Peeces of Ordnance at least and other Ammunition proportionable shall for the first two Voyages which the
said Ship or Ships make from His Ma:ties Dominions to any forreigne parts have and receive to his and theire owne
proper use and benefit one Tenth part of the Customes that shall be paid to His Majesty for all such Goods or
Merchandizes as shall be exported or imported on the said Ship or Ships to and from this Kingdome And the
Commissioners and Officers of His Majesties Customes are hereby impowered and required to pay the same to the
Owner or Owners of the said Ship or Ships accordingly
XXXV. Duty on Salt imported after June 24, 1662.
Provided alwaies and be it hereby declared & enacted That from and after the Four and twentieth day of
June One thousand six hundred sixty & two All Salt which shall be brought out of the Kingdome of Scotland into
this Kingdome the Dominion of Wales or Towne of Berwick upon Tweed shall yeild and pay and is hereby made
chargeable to yeild and pay unto the Kings Majesty One halfe penny upon every Gallon of such imported Salt of
Winchester Measure at the landing thereof Any thing in this present act or any former or other Law Statute or
Order to the contrary thereof in any wise notwithstanding