Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 18 Car. II. c.2 § 1.; and that notwithstanding the said Act great Numbers of Cattle, &c. have been imported, and that divers Churchwardens, &c. had combined with the Owners for colourable Seizures, and that others who had discharged their Duty had been molested by Suits in distant Counties;
Officers who have seized any imported Cattle indemnified.
Whereas by an Act of this present Parliament intituled An Act against importing Cattel from Ireland and other parts beyond the Seas and Fish taken by Forreigners. amongst other things Provision was made against Importation of Cattel from parts beyond the Seas And it was thereby enacted That such Importation from and after the second day of February which was in the yeare One thousand six hundred sixty six was a publick Nusance and should be so adjudged deemed and taken to all intents and purposes And that if any great Cattel Sheepe or Swine or any Beef Pork or Bacon (except for the necessary Provision of the respective Ships or Vessels in which the same should be brought not exposing the same to sale) should from and after the said second day of February by any wise whatsoever be imported or brought from beyond the Seas into this Kingdom of England Dominion of Wales or Town of Berwick upon Tweed That then it should and might be lawfull for any Constable Tithingmari Headborough Church warden or Overseers of the Poore or any of them within their respective Liberties Parishes or Places to take and seize the same and keepe the same during the space of eight and fourty houres in some publick or convenient place where such seizure should be made within which time if the Owner or Owners or any for them or him should make it appeare unto some Justice of the Peace of the same County where the same should be so seized by the Oath of two credible Witnesses that the same were not imported from Ireland or from any other place beyond the Seas not therein after excepted after the said second day of February Then the same upon the Warrant of such Justice of Peace should be delivered without delay but in default of such Proof and Warrant then the same to be forfeited one halfe thereof to be disposed to the use of the poor of the Parish where the same shall be so found or seized the other to be to his or theire owne use that should soe seize the same Notwithstanding which Act and the good Provision thereby great number of Cattell Sheep and Swine and great quantities of Beefe Pork and Bacon have since the time limited by the said Act been imported from Ireland and other places beyond the Seas as well in Forreign as English Ships and Vessels contrary to the good intent of the said Act and in continuance of the said Nusance and in high contempt of the Authority of Parliament And divers Church wardens Constables Tithing men and Overseers of the Poore living neere the Sea for theire owne private Lucre having combined with the Owners of such Cattel Sheep Swine Beef Pork and Bacon imported as aforesaid or with theire Agents have colourably seized and afterwards privately and fraudulently sold the same at very low and inconsiderable Rates to the said Owners or theire Agents And other of the said officers who have discharged theire Duties in the due execution of the said Act have been molested therefore and several Actions Suits Plaints and Informations have [been (fn. 1) ] brought and prosecuted against some of them in Counties and places far distant from theire Habitations to theire great charge and discouragement For the Vindication therefore of the Authority of Parliament from such bold Affronts and the Indempnifying as well of such Officers who have faithfully endeavored the Execution of the said Act (although they have not strictly pursued the same in every Circumstance) as of such other person and persons who have acted in their aid and assistance and for the better and further suppression of the said Nusance Be it enacted by the Kings most excellent Majestie by and with the Advice and consent of the Lords Spiritual and Temporal & Commons in this present Parliament assembled and by authority of the same That all and every Constable Tithingman Headborough Church warden and Overseer of the Poor and every other person or persons who have acted in or concerning the seizure keeping detaining or disposing of any Cattel Sheep Swine Beef Pork or Bacon imported contrary to the said Act after the said second day of February shall be and are hereby saved harmeles and indemnified in that behalfe against the Owner or Owners thereof at the time of such Importation their Executors and Administrators and every other person and persons claiming from by or under their Gift Grant or other Disposition and against all and every person and persons to whom any fraudulent Sale hath been made [after (fn. 1) ] such Importation as aforesaid and their and every of theire Executors and Administrators
II. Any Person may seize imported Cattle, and deliver them to the Officers.
[And it is provided and further enacted That not only the Constables and Officers above named but every or any other Inhabitant or Inhabitants of or within the Liberties Parishes and places where such Importation shall be made shall and may take and seize the Cattel and Goods so imported and after such seizure shall forthwith deliver or cause them to been delivered to the Constable Tithingman Headborough Church warden or Overseers of the Poore or any of them within the respective Liberties Parishes and Places aforesaid to be kept ordered and disposed in the manner and to the uses and purposes in this Act and in the said recited Act or either of them mentioned and directed
III. Neglecting to seize,
Penalty £ 100; Penalties accounted for as Overseers of the Poor account under 43 Eliz. c. 2.
And it is further enacted That if no Seizure at all shall be made by the Officers or Inhabitants nor any of them within the Liberty Parish or Place where such Cattel or Goods as aforesaid shall be first imported Then such Liberty Parish and Place and the Inhabitants thereof neglecting to make such Seizure for every default shall forfeit the su[m]m of One hundred pounds which shall be imployed for the use of the House of Correction within the County or Liberty where such default of Seisure shall be and the Moneys so to be forfeoted and other the Penalties and Forfeitures which are to accrue to the Poor by vertue of this Act and the said recited Act or either of them shall be accounted for to such persons att such times and in such manner as the Overseers of the Poore are appointed to accompt by the Statute made in the Three and fortieth yeare of the Reign of Queen Elizabeth Chapter the second (fn. 2) ]
IV. Ships bringing Cattle, &c. from beyond Sea, to be forfeited, seized and sold.
The Seamen to be apprehended, and allothers concerned, and sent to the Common Gaol.
And be it further enacted by the authority aforesaid That every Shipp or Vessel with all her Tackle and Apparel in which any great Cattel Swine Sheepe Beef Pork or Bacon from and after the Four and twentieth day of March in the yeare of our Lord One thousand six hundred sixty and seaven shall be imported from Ireland or any other parts beyond the Seas into the Kingdome of England Dominion of Wales or Town of Berwick upon Tweed and out of which they or any of them shall be put on Shore there shall be forfeited And that it shall and may be lawfull to and for any person or persons within the space of one yeare after such Importation to take and seize the same Shipp or Vessel with all her Tackle and Apparel and to make sale thereof to the best advantage and that one halfe of the Moneys to be raised by such Sale shall be disposed of to the use of the Poor of the Parish where the same shall be so seized the other halfe to be to his or their use that, shall so seize the same And alsoe that it shall and may be lawfull to and for any Justice of Peace of the County or Cheif Officer of the Port Town in or neare the place where such Importation shall be made or where any of the Cattel Sheep Swine Beef Pork or Bacon so imported shall be driven or brought by Warrant under the Hand and Seale of such Justice of Peace or Cheif Officer to cause to be apprehended all and every the Masters Mariners and Seamen having Charge of or belonging to such Ship or Vessel in which such Importation shall be made and all and every other person and persons acting or imployed in the landing driving attending on or taking care or charge of the said Cattel Sheep Swine Beef Pork or Bacon imported as aforesaid and them to commit to the Common Goal of the said County there to remain without Bail or Mainprize for me space of three Moneths
V. Cattle, &c. seised and then driven, &c. into another Parish, Constable, &c. of such other Parish may seise and dispose thereof.
And be it further enacted and declared by the authority aforesaid That whensoever and as often as it shall happen either through any fraudulent Agreement or unfaithfull Connivance of any Constable Headborough Tithingman Church warden or Overseer of the Poor or that it shall happen any otherwise howsoever that any great Cattel Sheep Swine Beef Pork or Bacon after the first Seizure of them or any of them by vertue of the aforesaid Act shall be driven brought carried into or found in any other Parish or place then where the same shall be first seized as aforesaid That then and so often and from time to time it shall and may be lawfull to and for the Constable Tithingman Headborough Church warden or Overseer of the Poor of every or any such other Parish or place where such great Cattel Sheep Swine Beef Pork or Bacon shall be brought driven or carried into or found as aforesaid to seize take and dispose the same and every or any of them as forfeited The one moyety thereof to the use of the Poor of such other Parish or place where such Seizure shall be made the other to the use of such Officer or Officers who shall seize the same as aforesaid Any other or former Seizure or Seizures in any other Parish or Parishes place or places notwithstanding
VI. Information laid in the same County where Cause of Action.
And be it further enacted by the authority aforesaid That if any Action Bill Plaint Suit or Information is or shall be commenced or prosecuted against any person or persons for any Seizure or other thing made or done or to be made or done by vertue or colour of this or the aforesaid Act and upon the Triall of such Action Bill Plaint Suit or Information it shall not be proved to the Jury that shall try the same that the Cause of such Action Bill Plaint Suit or Information did arise within such County where such Action Plaint Suit or Information is laid and tried the Defendant & Defendants shall be found Not guilty without having regard to any Evidence given by or for the Plaintiff Informer or Prosecutor
VII. In Action for executing Act,
General Issue may be pleaded.; Treble Costs.
And be it further enacted by the authority aforesaid That if any Action Bill Plaint Suit or Information hath been or shall be commenced or prosecuted against any person or persons for any seizure or other thing done or made or to be done or made in pursuance or execution of this or the aforesaid Act such person or persons so sued in any Court whatsoever may plead the General Issue and give this and the aforesaid Act and the special matter in Evidence for theire Excuse or Justification And if the Plaintiff or Prosecutor shall become Nonsuit or forbear prosecution or suffer Discontinuance or if a Verdict passe against him in any such Action Bill. Plaint Suit or Information as aforesaid the Defendants shall have treble Costs for which they shall have the like Remedy as in any Case where Costs by the Law are' given to the Defendant
VIII. Proviso for Importation of Cattle from Isle of Man.
Provided alwaies That no thing in this Act shall be construed to hinder the Importation of Cattel from, the Isle of Man into this Kingdom of England so as the Number of the said Cattel do not exceed six hundred Head yearly [and that they be not of any other breed then of the breed of the Isle of Man (fn. 3) ] and that they be landed att the Port of Chester or some of the Members thereof and not elsewhere
IX. Confederacy to elude this Act, Premunire.
16R. II. c. 5.
[And it is lastly enacted That if any person or persons shall wilfully and fraudulently conspire confederate or agree togeather to avoide or evade the seizures or forfeitures upon Importation of Cattel or Goods in this present Act particularly specified and the same shall put in execution then every such person and persons being thereof lawfully indicted or presented within one yeare next after such Offence by him or them committed and being thereof lawfully convicted or attainted at any time after according to the Laws of this Realm shall incur the dangers penalties paines and forfeitures contained and provided in and by the Statute of Provision and Premunire made in the sixteenth yeare of the Reigne of King Richard the Second. (fn. 4) ]