Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that divers Frauds had been practised in the Customs
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).
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.
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.
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.
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.
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.
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.
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.
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 notwithstanding
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.
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
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 his Office
XIX. Officers taking Bribes, &c. or conniving at false Entries.
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.
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.
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.
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
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.
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 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.
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 allowed
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 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.
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