Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
Forasmuch as the encourageing of Tillage ought to be in an especiall manner regaurded and endeavoured and the surest and effectualest meanes of promoting and advanceing any Trade Occupation or Mistery being by rendring it proffitable to the users thereof, And great quantities of Land within this Kingdome for the present lyeing in a manner waste and yeilding litle which might thereby be improved to considerable Proffitt and Advantage (if sufficient incouragement were given for the laying out of cost and labour on the same) and thereby much more Corne produced, greater numbers of People Horses and Catle imployed and other Land alsoe rendred more valueable Be it enacted by the Kings most Excellent Majestie with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authoritie thereof, And it is hereby enacted That from and after the First day of September in the yeare of our Lord One thousand six hundred sixty and three and from thenceforward when the prices of Corne and Graine Winchester measure doe not exceed the rates hereafter following at the Havens or Places where the same shall be shipped or loaden (viz) The Quarter of Wheate Eight and forty Shillings, the Quarter of Barly or Malt Eight and twenty Shillings, The Quarter of Bucke wheate Eight and twenty shillings, The Quarter of Oates Thirteene Shillings and fower pence, The Quarter of Rye Two and Thirty Shillings The Quarter of Pease or Beanes Two and Thirty Shillings currant English Money That then it shall be lawfull for all and every person and persons to shipp load carry and transport any of the said Corns or Graines from the Havens or Places where they shall be of such Prices unto any parts beyond the Seas as Merchandice, Any Law Statute or Usage to the contrary notwithstanding paying such Rates for the same and none other as are to be paid when the same might have beene transported by one Act passed this present Parliament entituled A Subsidy granted to the King of Tonnage and Poundage,
II. Certain Prices at which Custom and Poundage to be paid.
And it is hereby further enacted by the Authority aforesaid That when the prices of the aforesaid Cornes and Graines doe not exceede the Rates above mentioned respectively Winchester Measure at the Haven or Place into which any of them shall be imported from any [parts (fn. 1) ] beyond the Seas there shall be paid for the Custome and Poundage of every Quarter of Wheate five shillings and fower pence, and for every Quarter of Rye fower shillings, and for every Quarter of Barley or Malt two shillings and eight pence, and for every Quarter of Bucke wheate two shillings, and for every Quarter of Oates one shilling fower pence, and for every Quarter of Pease or Beanes fower shillings.
III. Prices at which Corn may be bought and laid up in Granaries, &c.
And it is hereby further enacted by the Authoritie aforesaid That when the prices of Corne or Graine Winchester Measure doe not exceede the Rates following at the Markets Havens or Places where the same shall be bought (viz) The Quarter of Wheate Eight and forty shillings, the Quarter of Rye Two and thirty shillings, the Quarter of Barley or Malt Eight and twenty shillings, the Quarter of Bucke Wheate Eight and twenty shillings, the Quarter of Oates thirteene shillings ( (fn. 2) ) fower pence, the Quarter of Pease or Beanes Two and thirty shillings That then it shall be lawfull for all and every person and persons (not forestalling nor selling the same in the [same (fn. 3) ] Market within three Moneths after the buying thereof) to buy in open Market, and to lay up and keepe in his [and (fn. 4) ] their Graineries or Houses, and to sell againe such Corne or Graine of the kinds aforesaid as without fraude and coven shall have beene bought at or under the prices before expressed without incurring any penaltie; Any Law Statute or Usage to the contrary notwithstanding,
IV. For maintaining a greater Correspondence and Kindness between this Kingdom and the Plantations,
no Manufacture of Europe to be imported into any Plantation (Tangier excepted), but what shall be shipped in Englandin English built Shipping, pursuant to 14 (13 & 14) Car. II. c. 11.; and English manned, and carried directly to the said Plantations; Penalty; how to be disposed of.
And in reguard His Majesties Plantations beyond the Seas are inhabited and peopled by His Subjects of this His Kingdome of England, For the maintaining a greater correspondence and kindnesse betweene them and keepeing them in a firmer dependance upon it, and rendring them yet more beneficiall and advantagious unto it in the farther Imployment and Encrease of English Shipping and Seamen, vent of English Woollen and other Manufactures and Commodities rendring the Navigation to and from the same more safe and cheape, and makeing this Kingdome a Staple not onely of the Commodities of those Plantations but alsoe of the Commodities of other Countryes and Places for the supplying of them, and it being the usage of other Nations to keepe their [Plantations (fn. 5) ] Trade to themselves, Be it enacted and it is hereby enactted That from and after the Five and twentyeth day of March One thousand six hundred sixtie fower noe Commoditie of the Growth Production or Manufacture of Europe shall be imported into any Land Island Plantation Colony Territory or Place to His Majestie belonging, or which shall [belong hereafter (fn. 6) ] unto, or be in the Possession of His Majestie His Heircs and Successors in Asia Africa or America (Tangier onely excepted) but what shall be bona fide and without fraude laden and shipped in England Wales [and (fn. 4) ] the Towne of Berwicke upon Tweede and in English built Shipping, or which were bona fide bought before the first day of October One thousand six hundred sixtie and two and had such Certificate thereof as is directed in one Act passed the last Sessions of this present Parliament entituled An Act for preventing Frauds and regulating Abuses in His Majesties Customes, and whereof the Master and three Fourthes of the Marriners at least are English, and which shall be carryed directly thence to the said Lands Islands Plantations Colonyes Territories or Places, and from noe other place or places whatsoever Any Law Statute or Usage to the contrary notwithstanding, under the Penaltie of the losse of all such Commodities of the Growth Production or Manufacture of Europe as shall be imported into any of them from any other Place whatsoever by Land or Water, and if by Water, of the Ship, or Vessell alsoe in which they were imported with all her Guns Tackle Furniture Ammunition and Apparell, one third parte to His Majestie His Heires and Successors, one third part to the Governour of such Land Island Plantation Colony Territory or Place into which such Goods were imported if the said Shipp, Vessell or Goods be there seised, or informed against and sued for, or otherwise that Third part alsoe to His Majestie His Heires and Successors, and the other Third parte to him or them who shall seise informe or sue for the same in any of His Majesties Courts in such of the said Lands Islands Colonies Plantations Territories or Places where the Offence was committed, or in any Court of Record in England by Bill, Information Plaint or other Action wherein noe Essoyne Protection or Wager in Law shall be allowed
V. Proviso for shipping Salt for the Fisheries, Madeira Wines, Wines of the Western Isles, Servantsand Horses and Victuals of Scotland and Ireland.
Provided alwayes and be it hereby enacted by the Authoritie aforesaid That it shall and may be lawfull to shipp and lade in such Shipps, and soe navigated as in the foregoeing Clause is sett downe and expressed in any part of Europe Salt for the Fisheries of New England and New found land, and to shipp and lade in the Medera's Wines of the Growth thereof, and to shipp and lade in the Westerne Islands or Azores Wines of the Growth of the said Islands, and to shipp [or (fn. 7) ] take in Servants or Horses in Scotland or Ireland, and to shipp or lade in Scotland all sorts of Victuall of the Growth or Production of Scotland; and to shipp or lade in Ireland all sortes of Victuall of the Growth or Production of Ireland, and the same to transport into any of the said Lands Islands Plantations Colonyes Territories or Places, Any thing in the foregoeing Clause in the contrary in any wise notwithstanding.
VI. Persons importing into the Plantations to deliver to the Governor an Account of their Names and of the Goods imported.
No Ship to unlade till the Master has produced a Certificate of Name and Built of Ship, and the Name of the Commander, &c.; and delivered an Inventory of the Lading and the Place of Growth; Penalty.; Governors of Plantations, (Tangier excepted) before their Entrance upon Office, to take an Oath to observe this Act; Penalty. Offending after Oath taken turned out; Incapacity; Penalty £1,000.
And for the better prevention of Fraudes Be it enacted and it is hereby enacted That from and after the Five and twentyeth day of March One thousand six hundred sixty and fower every person or persons importing by land any Goods or Commodities whatsoever into any the said Lands Islands Plantations Colonies Territories or Places shall deliver to the Governour of such Land Island Plantation Colony Territory or Place, or to such Person or Officer as shall be by him thereunto authorized and appointed within fower and twenty hours after such Importation his and their Names and Surnames and a true Inventory and Particular of all such Goods or Commodities, And noe Shipp or Vessell comeing to any such Land Island Plantation Colony Territory or Place shall lade or unlade any Goods or Commodities whatsoever untill the Master or Commander of such Shipp or Vessell shall first have made knowne to the Governour of such Land Isleland Plantation Colony Territory or Place or such other Person or Officer as shall be by him thereunto authorized and appointed the arrivall of the said Shipp or Vessell with her name, and the name and surname of her Master or Commander, and have shewen to him that she is an English built Shipp, or made good by produceing such Certificate as abovesaid that she is a Shipp or Vessell bona fide belonging to England Wales or the Towne of Berwicke and navigated with an English Master and three fourth parts of the Marriners at least Englishmen and have delivered to such Governour or other Person or Officer a true and perfect Inventory or Invoice of her Ladeing together with the place or places in which the said Goods were laden or taken into the said Shipp or Vessell under the paine of the losse of the Shipp or Vessell with all her Guns Am[m]munition Tackle Furniture and Apparell and of all such Goods of the Growth Production or Manufacture of Europe as were not bona fide laden and taken in, in England Wales or the Towne of Berwicke to be recovered and divided in manner aforesaid, And all such as are Governours or Comanders of any the said Lands Islands Plantations Colonyes Territoryes or Places (Tangier onely excepted) shall before the Five and twentyeth day of March One thousand six hundred sixtie and fower and all such as shall hereafter be made Governours or Commanders of any of them shall before their entrance upon the execution of such trust or charge take a Solemne Oath before such person or persons as shall be authorized by His Majestie His Heires and Successors to administer the same to doe their utmost within their respective Governments or Commands to cause to be well and truely observed what is in this Act enacted in relation to the Trade of such Lands Islands Plantations Colonyes Territoryes and Places under the penaltie of being removed out of their respective Governments and Commands. And if any of them shall be found after the takeing of such Oath to have wittingly and willingly offended contrary to what is by this Act required of them, that they shall for such Offence be turned out of their Governments, and be incapeable of the Government of any other Land Island Plantation or Colony, and moreover forfeite the summe of One thousand pounds lawfull money. of England, the one moyety to His Majestie His Heires and Successors and the other moyetie to him or them that shall informe or sue for the same in any of His Majesties Courts in any of the said Plantations or in any Court of Record in England wherein noe Essoigne Protection or Wager in Law shall be allowed.
VII. Officer of the Customs in England giving Warrant or suffering Plantation Goods herein mentioned to be carried to any other Country, without having first been landed in England;
And it is hereby further enacted That if any Officer of the Customes in England Wales or Towne of Berwicke upon Tweede shall give any Warrant for or suffer any Sugar, Tobaccho, Ginger, Cotton, Wooll, Indico Speckle Wood or Jamaica Wood Fusticke or other Dying Wood of the growth of any of the said Lands Islands Colonyes Plantations Territories or Places to be carryed into any other Country or Place whatsoever untill they have beene first unladen bona fide and putt on shore in some Port or Haven in England or Wales or in the Towne of Berwicke, that every such Officer for such Offence shall forfeite his place and the value of such of the said Goods as he shall give Warrant for or suffer to passe into any other Country or Place the one moyety to His Majestie His Heires and Successors and the other moyety to him or them that shall informe or sue for the same in any Court of Record in England or Wales wherein noe Essoigne Protection or Wager in Law shall be allowed,
VIII. Proviso for lading Sea-coals on Payment of Duty, and being navigated according to Act, and giving Security for landing.
And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdome Be it enacted and it is hereby enacted by the authority aforesaid That from and after the Five and twentyeth day of March One thousand six hundred sixtie and fower it shall and may be lawfull out of any Port of England or Wales or out of the Towne of Berwicke to shipp and lade Sea coales for any part of them paying for the Chalder Newcastle measure one shilling eight pence, and for the Chalder London measure one shilling and noe more in full of all Custome and Poundage for the same, Any Law Statute or Prohibition to the contrary in any wise notwithstanding. Provided that such Sea-coales be shipped in such Shipping and soe navigated as abovesaid, And that good security be given to the Officers of the Customes in such Port in which they are shipped for the landing them in the said Plantations and not elsewhere.
IX. For the Purpose of keeping in and increasing the Current Coin of this Kingdom, Foreign Coin or Bullion may be exported.
And forasmuch as severall considerable and advantagious [Trades (fn. 8) ] cannot be conveniently driven and carryed on without the Species of Money or Bullion, and that it is found by experience that they are carryed in greatest abundance (as to a Common Market) to such places as give free liberty for exporting the same and the better to keepe in and encrease the current Coynes of this Kingdome Be it enacted and it is hereby enacted That from and after the First day of August One thousand six hundred sixtie and three it shall and may be lawfull to and for any person or persons whatsoever to export out of any Port of England or Wales in which there is a Customer or Collector or out of the Towne of Berwicke all sortes of Forreigne Coyne or Bullion of Gold or Silver first makeing entry thereof in such Custome house respectively without paying any Duty Custome Poundage or Fee for the same Any Law Statute or Usage to the contrary notwithstanding,
X. Recital that by bringing fatted Cattle the Rents of Lands have fallen.
For every Head of great Cattle, except of Scotland, imported after the 1st July and before 20th December; and of great Cattle of Scotland imported after 24th August and before 20th Dec. 20s. to the King, 10s. to Informer, 10s. to the Poor.
And lastly whereas a very great part of the richest and best Land of this Kingdome is, and cannot soe well be otherwise imployed and made use of as in the Feeding and Fattening of Catle, And that by the comeing in of late of vast numbers of Catle already fatted such lands are in many places much fallen and like dayly to fall more in their Rents and Values and in consequence other Lands alsoe to the great prejudice detriment and impoverishment of this Kingdome Be it further enacted by the Authoritie aforesaid and it is hereby enacted That for every head of great Catle (excepte such as are of the breed of Scotland) that shall be imported or brought into England Wales or the Towne of Berwicke upon Tweede after the First day of July and before the Twentyeth day of December in any yeare, And for every head of great Catle of the breed of Scotland that shall be imported ( (fn. 9) ) into England Wales or the Towne of Berwicke after the Fower and twentyeth day of August and before the Twentyeth day of December in any yeare there shall be paid to His Majestie His Heires and Successors the summe of twenty shillings, And the summe of ten shillings to him or them that shall informe or seise the same, And the summe of tenn shillings to the Poore of the Parish where such Seisure or Information shall be made to be recovered and leavyed by Bill Plaint or other Action wherein noe Essoigne Protection or Wager in Law shall be allowed.
XI. And for every Sheep imported, to the King 10s.
And moreover That there shall be paid to His Majestie His Heires and Successors for every Sheepe which shall be imported into England Wales or the Towne of Berwicke aforesaid after the First day of August and before the Twentyeth day of December in any yeare the summe of Ten shillings of lawfull money of England to be recovered and leavyed in manner aforesaid.
XII. Commencement of Act as to such Importations.
Provided alwayes That this Act in soe far as it relates to great Catle or Sheepe shall not take place till the First day of July One thousand six hundred sixtie and fower, nor continue longer then the end of the First Session of the next Parliament.
XIII. Regulation as to Importation of Fresh Herring, Fresh Cod, &c.
And for the Encouragement of the Herring and North Sea [Island (fn. 10) ] and Westmony Fisheryes Be it enacted and it is hereby enacted by the authoritie aforesaid That from and after the First day of August which shall be in the yeare of our Lord One thousand six hundred sixtie and fower noe Fresh Herring Fresh Codd or Haddock Coal fish or Gull fish shall be imported into England Wales or the Towne of Berwicke but in English built Shipps or Vessells, or in Shipps or Vessells bona fide belonging to England Wales or the Towne of Berwicke and haveing such Certificate thereof as is abovesaid, And whereof the Master and three Fourthes at ( (fn. 11) ) least of the Mariners are English, and which hath beene fished caught and taken in such Shipps or Vessells and soe navigated, and not being bought or had of any Strangers borne or out of any Strangers Bottomes under the paine of the forfeiture of all such Herring Codd Haddock Coal fish or Gull fish imported contrary to the true intent and meaning hereof, and of the Shipp or Vessell in which it was imported, one moiety of which forfeitures shall be to His Majestie His Heires and Successors and the other moyetie to him or them that shall informe seise or sue for the same to be recovered by Bill Plaint or other Action wherein noe Essoigne Protection or Wager in Law shall be allowed,
XIV. Duties on certain Sorts of salted and dried Fish imported.
And be it further enacted, and it is hereby enacted by the Authoritie aforesaid That for the following sortes or kinds of salted or dryed Fish which from and after the [said (fn. 8) ] First day of August shall be imported into England Wales or the Towne of Berwicke in any other Shipp or Vessell then what is English built or belonging to England Wales or Towne of Berwicke and haveing such Certificate thereof as abovesaid and whereof the Master and three Fourthes of the Marriners at least are English and not haveing beene fished and caught in such Shipps or Vessells and soe navigated there shall be paid by way of Custome and Impost the severall summes of money herein after perticularly mentioned (that is to say)
XV. Recital that the growing and making of Tobacco in England increases, notwithstanding 12 Car. II. c.34.in consequence of the smallness of the Penalties.
And forasmuch as planting and makeing Tobaccho within this Kingdome of England doth continue and increase to the apparent losse of His said Majestie in His Customes the discouragement of the English Plantations in the parts beyond the Seas and prejudice of this Kingdome in generall notwithstanding an Act of Parliament made in the Twelfth yeare of His said Majesties Raigne for prevention thereof entituled An Act for prohibiting, the planting setting or sowing of Tobacco in England and Ireland, And forasmuch as it is found by experience that the reason why the said planting and makeing of Tobaccho doth continue is That the penalties prescribed and appointed by that Law are soe litle as have neither power or effect over the transgressors thereof For remedy therefore of soe great an evill Bee it enacted by the Authoritie aforesaid That all and every the person and persons whatsoever that doe, or shall at any time hereafter sett plant or sow any Tobaccho in Seed, Plant or otherwise in or upon any Ground Field Earth or place within the Kingdome of England Dominion of Wales Islands of Guernsie and Jersie or Towne of Berwicke upon Tweede or Kingdome of Ireland shall over and above the Penaltie of the said Act for that purpose ordained for every such offence forfeite and pay the summe of Ten pounds for every Rod or Pole of Ground that he or they shall soe plant sett or sow with Tobaccho and soe proportionably for a greater or lesser quantity of ground one third part thereof to the Kings Majestie, one other third part thereof to the use of the Poore of such respective Parish or Parishes wherein such Tobaccho shall be soe planted sett or sowed and the other third part thereof to him or them that shall sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of His said Majesties Courts of Record at Westminster wherein noe Essoigne Protection or Wager of Law shall be allowed
XVI. Resisting Execution of Act,
And it is hereby further enacted That in case any person or persons shall resist or make forceable opposition against any person or persons in the due and through Execution of the said Act of the Twelfth of His said Majesties Raigne that he she or they soe resisting and makeing forceable opposition shall over and above the Penalties therein mentioned for such Offences be committed to the common Goale of the County where such Offence shall be committed there to remaine without Baile or Maineprize untill he she or they have entred into a Recognizance to His Majestie His Heires and Successors with two sufficient Sureties of Ten pounds penaltie not to doe or committ the like offence againe.
XVII. Proviso for Physic Gardens of the Universities, &c.
Provided alwayes That this Act nor any thing therein contained shall extend to the hindrance or prejudice of planting Tobaccho in any Phisicke Garden of either of the Universities or any other private Garden for Surgery soe as the quantity soe planted exceede not the halfe of one Pole in any one place or Garden,
XVIII. Proviso for Importation of Cattle and Corn from the Isle of Man.
Provided alsoe and be it enacted That it shall and may be lawfull to import Catle of the breed of the Isle of Man not exceeding six hundred in any one yeare And Corne of the growth of that Island out of that Island into England soe as the said Catle be landed at Chester Liverpoole or Wirewater, Any thing in this Act to the contrary thereof in any wise notwithstanding.