Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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Mischiefs from Importation of French Commodities and Manufactures.
Importation of French Commodities prohibited for Three Years; such Importation a common Nuisance.; Such Commodities may be seized and carried to the King's Warehouse.; Persons claiming such Goods shall give Security to answer Penalty, otherwise such Goods deemed to be imported; and after Security given, Claim and Security to be registered.; on Default of giving Security and making Claim within a Time limited, Goods deemed imported.; If Security given, the Importation shall be tried in the Exchequer.; Jury may judge of the Quality of Goods on Taste or View, and ascertain what are French Commodities.; If Jury find the Goods to be French,; then such Goods shall be destroyed.; Certificate of Destruction of Goods.; Saving such Goods.; Penalty.
Forasmuch as your Majestyes upon just and honourable grounds have beene pleased to declare an actuall Warr with France and to enter into severall Confederacies for carrying on the same and that it hath beene found by long experience that the Importing of French Wines Vinegar Brandy Linnen Silks Salt Paper and other the Commodities of the Growth Product or Manufacture of France or of the Territories or Dominions of the French King hath much exhausted the Treasure of this Nation lessened the value of the native Commodities and Manufactures thereof and greatly impoverished the English Artificers and Handycrafts and caused great detriment to this Kingdome in generall Bee it therefore enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authoritie of the same That from and after the foure and twentyeth day of August in the yeare of our Lord one thousand six hundred eighty nine none of the Commodities aforesaid or any other Goods or Commodities whatsoever of the Growth Product or Manufacture of any of the Dominions or Territories of the French King or any Goods Commodities or Manufactures made of or mixed with Silke Thread Wooll Haire Gold Silver Leather or other Goods or Commodities being of the Growth Product or Manufacture of any the Dominions or Territories of the French King shall dureing or within the Terme of three yeares to be accounted from the said foure and twentyeth day of August or at any time or times before the end of the first Session of Parlyament next after the Expiration of the said three yeares be brought in by Land or shall be imported in any Shipp or Shipps Vessell or Vessells whatsoever into any Port Haven Creeke or other Place whatsoever in the Kingdoms of England or Ireland the [Dominion (fn. 1) ] of Wales or Towne of Berwicke upon Tweede or Isles of Jersey Guernsey Alderney Sarke or Isle of Man from any place or Port whatsoever either mixt or unmixt with any Commodity of the Growth or Product of any other Nation Place or Country whatsoever And that all and every Importation and Importations vending or selling or uttering or retailing of any French Wines Vinegar Brandy Linnen Silks Salt or Paper or other Com[m]odities imported contrary to this Act or any of them shall be and is hereby declared and adjudged to be a common Nusance to this Kingdome in generall and to all their Majesties Subjects thereof And that if any French Wines Brandy Vinegar Linnens Silks Salt Paper or other Commodities whatsoever (mixt or unmixt) shall be imported contrary to this Act the same soe imported in whose Hands or Custodie or in what place soever they shall or may remaine or be found or kept shall and may be forthwith seized and carryed by any person or persons whatsoever into their Majestyes Warehouse of the Port or place where such Goods shall be seized or to the Warehouse of the next Port Member or Creeke to the place of such Seizure And if any person or persons shall make any Claime to all or any part of the said Goods soe seized and brought in as aforesaid he shall be obliged to tender good and sufficient Security to answere the Penalties of the said Act and to make the said Claime within twenty dayes after such Seizure to the Collector or Customer or his sufficient Deputie where noe other Collector is established or to the Commissioners of the Customs in time of Vacation or within ten dayes in Terme time by delivery of a Bill to such Officer subscribed with his Name Addition and place of abode together with the particulars of the respective Goods by him soe claimed and date of such Claime and the Names of two or more such sufficient persons whome he shall propose and tender to be security with him to answere the Penalties of the said Act and every one of them being worth five hundred pounds at the least and to be approved of by the said Commissioners Collectors or Customers to whome the persons are alsoe to be tendred at the same time and if approved to give Bond unto their Majestyes in the penall summe of double the value of the Goods and the Penalties in this Act to answere the Value of the Goods and other Penalties in this Act and after such Security given the said Claime with the Names of the persons giveing such Security and the Summe and Date of the said Bonds to be registred in a Booke herein after mentioned to be kept in the Warehouse for that purpose and subscribed by the said Claimer and Collector or Customer to whome such Bill shall be delivered And in case Default shall be made in giveing such Security and makeing such Claime within the times limitted as aforesaid That then and in every such case the said Goods shall be adjudged deemed and taken to all intents and purposes to be imported contrary to this Act and to be forfeited to their Majestyes and shall within seven dayes after such default be destroyed in such manner as is herein after appointed but in case such Security shall be given and Claime made in manner as aforesaid an Information thereof shall the next Terme or sooner as soone as the Method and Course of Proceedings will admitt be exhibited into their Majestyes Court of Exchequer and all the Barons and Officers of the said Court of Exchequer are hereby required and strictly enjoyned to cause due speedy and effectuall Prosecution in the said Court of every such Information and not to grant any Writt of Delivery or Restitution for such Goods or any of them on any Security or pretence whatsoever untill the Cause shall be finally determined in Law by or upon the Verdict of a Jury of twelve good and lawfull Men to be returned by the proper Officers in the presence of a Commissioner of the Customs in London and in the presence of the principall Officer in such Out-Port where the Goods soe seized shall be brought and lodged as aforesaid Which Jury upon the Taste or View of any of the Commodities seized or stayd as aforesaid or upon proofe before them made shall and may judge the Quality and Value thereof and whether any of the Commodities soe seized and which of them were of the Growth Product or Manufacture of any of the Dominions or Territories of the French King or mixed with any Goods or Commodities of such Growth Product or Manufacture or were imported contrary to this Act and in what Shipp or Shipps Vessell or Vessells the same were imported and by whome the same were imported or vended retailed or sold and in whose Custodie they were at the time when the said Seizure or Stay was made and whether the said Commodities or any of them or any part of them were of the Growth Product or Manufacture of any of the Territories or Dominions of the French King or mixed with any Goods or Commodities of such Growth Product or Manufacture and in case the said Jury shall finde and returne their Verdict upon their Oaths that the Commodities soe seized or stayd or any of them or any part of them or any of them were of the Growth Product or Manufacture of any of the Dominions or Territories of the French King or mixed with any Goods or Commodities of such Growth Product or Manufacture that then immediately Judgement shall be passed upon the Goods soe found and the Judgement executed accordingly (to witt) That all such Wines Vinegar and Brandies or other liquid Commodities soe found whether single or mixt shall in some River Streame or Sea neare the place where they were soe seized or shall remaine in the Warehouses as aforesaid be there staved and spilt and destroyed and the said Linens Silks Salt or Paper and other Commodities soe found by the said Jury (whether mixed or unmixed) shall be publickly burnt and destroyed in the open Fields or Streets neere the place where they were soe seized or shall remaine in the Warehouses as aforesaid in the presence of one of the Sheriffes of the City of London in the Port of London the Chiefe Magistrate in every other Port or place who are hereby required upon Notice of the Chiefe Officer of the Customs in such Port to be present at and assisting in the destruction of the said Goods to prevent all Abuses Hindrances or other Disturbances or Frauds in the destruction of the same as alsoe to open view taste and examine the said Commodities as to kinde quality and quantity according to the first Entry made in the Warehouse Booke and to joyne with the Collector Customer or his sufficient Deputy who are alsoe required to be present at the destruction thereof in a Certificate of the same to be entred in the said Booke under their Hands as aforesaid on the day of the destruction thereof And that noe person or persons whatsoever doe presume to take up or save any of the said Com[m]odities soe adjudged to be spilt burnt or destroyed under the penalty of forty shillings over and above the value of the said Goods
II. Importing Goods.
Penalty.; Having such Goods in Custody.; 1st Offence. Penalty.; 2d Offence.; Penalty.; Selling, &c. such Goods.; Penalty.; Onus probandi to lie upon Importer, &c.; And in Default of Proof, Judgment.; Informer acting by Collusion.; Penalty, £500. All Officers to aid in executing this Act.; Such Goods to be put into the King's Warehouse.; Where and by whom they are to be viewed, registered, and accounted for.; Seizures, Examinations, &c. to be entered and subscribed by Officers.; Copies of Entries, &c. and Certificate of Destruction of Goods, to the Commissioners of the Customs.
And moreover it is further enacted That every person and persons that shall have imported the same shall forfeite the full value thereof according to the Rates and Prices hereafter in this Act respectively mentioned and every person and persons in whose Custodie the same shall be found at the time of such Seizure or Stay or that shall sell utter or retaile within the Kingdoms of England or Ireland Dominion of Wales or Towne of Berwicke upon Tweede or the Isles of Jersey Guernsey Alderney Sarke or Isle of Man any of the Commodities imported contrary to this Act shall for the first Offence forfeit the full Value thereof according to the Rates and Prices hereafter mentioned and for the second Offence (after Conviction for such first Offence) shall forfeit double the full value thereof according to the Rates aforesaid and shall alsoe after Conviction of such second Offence stand and be disabled and be incapeable in Law to beare or execute any Office or Employment for or concerning or relateing to the Collection or Managery of the Customs or any part of their Majestyes Revenue or any other Office or Publick Employment whatsoever And if any of the Commodities aforesaid whether they be single or mixt with any Commodity of the Growth or Product of any other Nation Country or Place whatsoever imported contrary to this Act shall dureing the said Terme of three yeares or before the end of the Session of the next Parlyament after the end of the said three yeares upon any pretence whatsoever be vended sold retailed or uttered or be found or remaine within the Kingdoms of England or Ireland Dominion of Wales or Towne of Berwicke upon Tweede or Isles of Jersey Guernsey Alderney Sarke or Isle of Man the same shall and may be seized by any person or persons whatsoever in whose Possession or Custodie soever they shall or may be found and like Informations thereof and Judgement and Execution for the destruction of them shall be had made and given as is before expressed And moreover every person in whose Custody or Possession they shall be found or that shall vend sell retaile or utter the same shall incurr the Forfeitures and Penalties aforesaid to be recovered as herein is mentioned And if any Question Dispute or Doubt shall arise whether any of the Commodities aforesaid seized sold found or uttered as aforesaid or any part thereof either single or mixt were of the Growth Product or Manufacture of any of the Territories or Dominions of the French King or were imported contrary to this Act the Proofe shall be incumbent onely upon the Importer Claimer Owner Proprietor Seller and Retailer or such person or persons with whome the said Goods shall be found respectively and not upon the Informer And for default of such Proofe that then a Judgement thereupon shall be given for the destruction of the said Commodities and for Recovery of the aforesaid Forfeiture and Execution of such Judgement shall be immediately granted and awarded according to the true intent and meaning of this Act without any stay or delay whatsoever And if any Informer or other person or persons shall take upon him or them to seize or prosecute any Goods or Commodities or any person or persons upon or by virtue or meanes of this present Act shall by Fraud or Collusion desist or delay the prosecution of the Condemnation of any the Commodities aforesaid after seizure or stay of the same or the Prosecution of any person or persons for any Offence against this Act he and they soe desisting or delaying shall for every such Offence upon due Conviction thereof forfeit the Summe of five hundred pounds And all Customers Searchers and other Officers belonging to the Customs And all Sheriffes Mayors Bailiffes Constables and other Officers shall be and are hereby strictly injoyned and required to be aiding and assisting in the due Execution of this Act in reference to the Commodities aforesaid which are to be destroyed or disposed of as aforesaid And noe Commissioner or Commissioners Customer Surveyor Generall or Surveyor or other Officer or person whatsoever relating to the Customs shall signe suffer or allow of any Warrant free Warrant or Order for passing or delivery of any Goods prohibited by this Act either to any person or into any place whatsoever other then into one of their Majesties Warehouses there to remaine in safe Custody untill a Judgement or Condemnation in Law upon or touching the said goods be given and passed according to the true intent and meaning of this Act nor shall any Surveyor of the Land Waiters nor [Surveyer (fn. 2) ] of the Tyde Waiters or Kings Waiter or Land-Waiter or other Officer or person whatsoever relateing to the Customs either by vertue colour or pretext of any Warrant or Order whatsoever take up or deliver any of the Goods prohibited by this Act or carry them or suffer them to be carryed to any other place then one of their Majestyes Warehouses there to remaine untill a Judgement or Condemnation upon or touching the said Goods be given and passed according to the true intent of this Act And all such Goods soe as aforesaid brought into any of their Majestyes Warehouses shall be forthwith viewed opened or examined in the presence of two or more principall Officers of that Port whereof the Collector Customer or Customers Deputy to be one and the Marks Numbers of each Vessell or Package and the Nature Kinde Quality Quantity and true Contents of the said Goods together with the time when they were soe brought in and the time of their delivery out of the said Warehouses shall by speciall direction of the Commissioners or other Chiefe Officers that shall have the Managery Direction or Collection of the Customs be fairly registred in a Booke to be kept for that purpose and for entry of the Claimes as is herein before directed and for noe other purpose whatsoever And every such Entry of each Seizure with the time of viewing opening and examineing thereof to be duely entred and subscribed by the Officers aforesaid and by the Warehouse-keeper or Surveyour where noe Warehouse-keeper is established Which Examination [alsoe shall (fn. 3) ] be repeated and entred in manner aforesaid by the said Officers after Condemnation of the said Goods at the time of the delivery out of any the said Goods to be destroyed or otherwise disposed of and to be diligently compared with the first Entry to prevent any Fraud Change or Imbezelment And in case any shall be found upon such Examination or after delivery upon the destruction of the said Goods the same to be entred and subscribed in the said Booke by the principall Officer of the said Port not haveing Charge of the said Warehouse and true Copies of all the said Entryes and Examinations with the Claimes as aforesaid as alsoe a true Certificate of the destruction of the said Goods signed as aforesaid be from time to time transmitted by the Collector of the said Port unto the Com[m]issioners Farmers principall Officers or other persons haveing the Managery of their Majestyes Customs for the time being together with the monthly Abstracts of the said Ports which shall be carefully filed and a distinct accompt kept thereof by the Register of the Seizures in the Port of London
III. The Goods not to be delivered out of the Warehouse till Judgment, except for Production at Trial.
And bee it further enacted That the said Goods or any of them be produced at any Tryall that shall be had for and in order to the Condemnation or destruction of the said Goods or touching the unlawfull importing thereof or for the Recovery of any Forfeiture or Penalty incurred by reason of the importing of such Goods contrary to this Act nor shall such Goods be delivered out of any of the said Warehouses by any Officer whatsoever relateing to the Customs untill a Judgement or Condemnation shall have beene given and passed upon or touching the said Goods other then to be produced at such Tryall as aforesaid according to the true intent and meaning of this Act
IV. Person, not being a Merchant, &c. selling such Goods
And forasmuch as the Commodities and Manufactures of the Territories and Dominions of the French King prohibited by this Act are often sold by persons not being knowne Merchants Vintners or Shopkeepers Bee it enacted by the authoritie aforesaid That if any person not being a knowne Merchant Vintner or Shopkeeper shall from and after the first day of September one thousand six hundred eighty nine sell or expose to sale or be found to have sold or exposed to sale any of the Commodities or Manufactures soe prohibited as aforesaid (and shall be thereof lawfully convicted by Indictment Information or otherwise in any of their Majestyes Courts of Record) shall over and above the penalties aforesaid suffer twelve months Imprisonment without Baile or Mainprize
V. Ship importing, forfeited; and also Lighters, &c. employed. Master, Seamen, &c. importing; Penalty, £500 and Punishment.
Seamen, Carmen, &c. assisting in unshipping and conveying such Goods; Punishment. Carts, &c. bringing such Goods, forfeited. Master, &c. of Ship letting go such Goods; Penalty, £500 and Imprisonment.
And to the end the Prohibition and Restraint of Importation of the Commodities aforesaid hereby intended may be more effectually putt in Execution It is hereby further enacted That all and every Shipp or Vessell with all her Guns Tackle Apparell and Furniture in which any of the said French Wines Vinegar Brandy Linens Silks Salt Paper or other Commodities before mentioned shall after the said twenty fourth day of August and dureing the said Terme of three years or before the end of the next Session of Parlyament after the said three yeares be imported And alsoe all and every Barke Hoy Lighter Barge Wherry Boate Shipp or other Vessell whatsoever out of which the same or any of them shall be putt on shore shall be forfeit And moreover the Master Purser Boatswain or other person takeing care of such Shipp or Vessell for the Voyage or out of which any of the Commodities shall be unshipt into a Hoy Boate or Vessell or landed or putt on shore shall forfeit the Summe of five hundred pounds and alsoe being apprehended by Warrant of any one or more Justices of the Peace of the County City or Burrough where such Importation or Landing shall be or where the person or persons offending shall or may be found Which the said Justices of the Peace are hereby anthorized to issue and to examine Witnesses upon Oath concerning such Fact and the same being proved by the Oath of two Witnesses shall and may be by such Justice of the Peace committed to the next Goale there to remaine without Baile or Mainprize for the space of twelve months And all and every the Seamen Mariners Watermen Carmen Porters Labourers or other persons whatsoever assisting in the unshipping landing takeing up carrying or conveying of any of the said Com[m]odities either by Land or by Water shall upon Examination and Proofe as aforesaid be subject to like Imprisonment or be publickly whipt at the discretion of the Justice of Peace before whome such Conviction shall be And all and every the Carts Wains Waggons Carriages Ploughs Teams Horses or Oxen made use of assisting carrying or moveing in the Carriage or Conveyance of any of the said Goods or Commodities hereby prohibited to be imported shall and may be seized and stayd and upon proofe made before some Justice of the Peace of the County where the same shall be soe seized by the Oaths of two credible Witnesses (which Oaths the said Justice of the Peace is hereby impowered and required to administer) That the said Carts Wains Waggons Carriage Ploughs Teams Horses or Oxen respectively were made use of assisting carrying or moveing in the Carriage or Conveyance of any the said Goods and Commodities hereby prohibited to be imported the same shall be forfeited one halfe thereof to be disposed of to the use of the Poore of the Parish where the same shall be soe found and seized and the other halfe to his or their owne use that shall soe seize the same And if the Master Purser Boatswain or other person belonging to any Shipp or Vessell laden or part laden with any of the Commodities aforesaid shall after the said foure and twentyeth day of August unshipp or discharge or wittingly or willingly permitt or suffer any of the said Goods hereby prohibited to be unshipt or discharged either at Sea or in any Harbour Creeke or Bay of the Kingdoms aforesaid into any lesser Vessell Lighter Barge or Boate shall forfeit the Summe of five hundred pounds and suffer like Imprisonment as aforesaid
VI. All Brandy, &c. prohibited; Penalty.
And bee it further enacted That noe sort of Brandy Aqua vite or other Spirits or distilled Waters of any Kingdome Country or place whatsoever shall after the said foure and twentyeth day of August be imported into the Kingdoms of England or Ireland aforesaid Dominion or Islands aforesaid under paine of forfeiture thereof as alsoe of the Shipp or Vessell wherein the same shall be imported
VII. The Value of Goods to be according to the Book of Rates; 12 Car. II. the Goods not there settled to be valued by a Jury, except Wine, which is £30 per Tun, and Brandy £40.
In case of Condemnation, the Value of the Goods to be determined by a Jury.
And it is hereby further enacted That where any Forfeitures or Penalties are given by this Act upon the Value of the Goods hereby prohibited that the Values and Prices of the said Goods and Commodities although the same are to be destroyed are to be and shall be reckoned stated and esteemed as followeth (that is to say) The value and price of every Ton of Wines thirty pounds the value and price of every Ton of Brandy forty pounds and soe after that Rate for a greater or lesser quantity And that the value and price of all other the Commodities aforesaid which are rated in the Booke of Rates made in the twelfth yeare of the Raigne of his late Majestie King Charles the Second shall be esteemed according to the Rate Price or Value at which they are valued in the same Booke of Rates And that the value and price of all other the Commodities aforesaid not rated in the said Booke of Rates shall be enquired and determined by the Jury that shall try the Cause or which shall be impannelled to inquire whether the said Goods were of the Growth Production or Manufacture of the French Kings Dominions and the Values above stated and those returned by the said Jury which shall be esteemed according to the Value the said Goods would have borne if they were not to have beene destroyed shall be the stated Values thereof And in case of Condemnation by Default the Value to be enquired and determined by a Jury to be returned before the Mayor or Bayliffe of the City or Towne Corporate or before the next Justice of the Peace of the County where the same Goods shall happen to be brought and the Forfeitures imposed by this Act upon any person or persons relateing to the Values of any of the said Goods shall be reckoned accordingly
VIII. Third Part of the Value given to Prosecutor.
And for the Encouragement of all such whether Officers of the Customs or others that shall effectually putt in Execution the Prohibition hereby intended by seizing and prosecuteing the Goods aforesaid to Condemnation and Destruction and alsoe by prosecuteing all or any other the Offences or Offenders against this Act It is hereby further enacted by the authoritie aforesaid That all and every such person and persons soe prosecuteing shall be recompensed and rewarded with one third part of the value of all the Goods by him or them soe prosecuted to Condemnation and Destruction as aforesaid to be paid unto them by the Owners and Proprietors of the said Goods soe imported
IX. Division of the Part of Penalty not before disposed of.
Prosecution to be at the King's Charge.
And it is hereby further enacted That all the Residue of the Forfeitures and Penalties before in this Act mentioned and provided (and not before distributed and disposed of) shall be divided into three severall parts two third parts thereof to their Majestyes their Heires and Successors and the other third part to such person and persons as shall seize or sue for the same by Bill Plaint or Information in their Majestyes Court of Exchequer or in any other their Majestyes Courts of Record wherein noe Essoigne Protection or Wager of Law shall be allowed The Charge of which Suite and Prosecution shall be borne by their Majestyes their Heires and Successors and issued by the Receiver Generall or Cashire of their Majesties Customs by Warrant from the Commissioners of the Customs for the time being as there shall be occasion
X. Foreigner, &c. claiming to give Security.
And for the avoiding of Fraud Vexation and Delay in prosecuting the said Goods or Shipps to Condemnation by entring Claimes in false or unknowne Names or in the Names of absent persons It is hereby further enacted That noe Forreigner or other person be admitted to claime any of the said Goods or Commodities which shall be seized or stayed as aforesaid untill Security first given to the satisfaction of the Collector of such Port where the said Goods shall be brought and lodged as aforesaid to answere such Penalties or Forfeitures as shall be incurred by him as the Importer of the said Goods or which the Owner Importer or Possessor of the said Goods or Commodities as shall or may be subject or lyable to by force or vertue of this Act or the true meaning thereof
XI. Officer conniving at Importation; Penalty £500. Punishment.
And bee it further enacted That if any Officer or person of or belonging to the Customs shall by Fraud or Corruption connive at the Importation of any of the Commodities aforesaid contrary to the true meaning of this Act he shall not onely forfeit the Summe of five hundred pounds to be recovered as aforesaid but be made incapeable of any Office or Employment under their Majestyes their Heires and Successors and alsoe forfeit the Penalties of such Bonds wherein they stand obliged to their Majestyes for the true performance of their Trust as Officers of the Customs
XII. Person authorized may search any House, and break open Doors, &c.
And for the more effectuall discovery and seizure of any of the Commodities aforesaid It shall and may be lawfull to and for any person or persons whatsoever authorized by Writt of Assistance under the Seale of their Majestyes Court of Exchequer to take a Constable Headburrough or other publick Officer inhabiting neare unto the place and in the day time to enter and goe into any House Shopp Cellar Warehouse or Roome or other place and in case of Resistance to breake open Doores Chests Trunks or other Package there to seize and from thence to bring to their Majestyes Warehouse any of the Commodities aforesaid prohibited by and imported contrary to this Act
XIII. Attorney General, or any Person seizing the Commodities, may prosecute.
Action for executing Act.; General Issue.; Treble Costs.
And for the more speedy and effectuall Prosecution of the Offences and Offenders against this Act Bee it enacted by the authoritie aforesaid That it shall and may be lawfull to and for their Majestyes Attourney Generall and all and every other person and persons that shall seize or stay any of the Goods or Com[m]odities aforesaid or prosecute any of the Offences or Offenders against this Act to lay his or their Information or Action and to try the same in such place or places and to use such and the like Method and Course of Proceedings in prosecuteing and condemning of the Goods or Commodities aforesaid as is in this Act directed are have beene or may be used in or about the seizing trying condemning or prosecuteing of any Goods or Commodities for Non-payment of Customs or other Duties or any person or persons for offending against any the Laws or Statutes relateing to the Customs and that if any Action or Suite shall be brought or prosecuted against any person or persons for what he or they shall doe in or about the Prosecution or putting in Execution this present Act or any of the Powers therein It shall and may be lawfull to and for the Defendant or Defendants in such Action or Suite to plead the generall Issue and to give the speciall Matter in Evidence And if the Plaintiffe or Plaintiffes in any such Action or Suite shall discontinue or delay the prosecution thereof or shall become Nonsuite or that a Verdict or Judgement shall passe against him or them that then the Defendant and Defendants in every such Action or Suite shall recover his and their treble Costs and shall have Judgement and Execution for the same in such sort and manner as Defendants by any the Laws and Statutes of this Realme shall or may have for Costs
XIV. Goods prohibited not to be imported from Guernsey, &c.
And bee it further enacted by the authoritie aforesaid That from and after the first day of September one thousand six hundred eighty nine none of the Goods Commodities or Manufactures prohibited by this Act shall be imported from the Islands of Guernsey Jersey Alderney Sarke and Man or any of them into any of the Ports Creeks or Havens of England Ireland Dominion of Wales or Towne of Berwicke upon Tweede under the Penalties and Forfeitures contained in this Act
XV. G. Heathcote and Arthur Shallot, &c. licensed to import not exceeding 200 Tuns of Brandy.
Affidavits on such Importation.
Provided alwayes and bee it enacted by the authoritie aforesaid That Gilbert Heathcote and Arthur Shallott of London Merchants or either of them have leave to import into the Port of London any Quantity of Spanish Brandy not exceeding two hundred Ton at most paying to their Majestyes all Dutyes payable for the same before this Session of Parlyament importing the same at or before the five and twentyeth of March one thousand six hundred and ninety and not lesse then fifty Ton thereof in any one Vessell and produceing a Certificate and Testimoniall from the Governour of Catalonia and the English Consull there together with an Affidavit of the Distiller made before the said Governour that it is all Brandy made of Wine of the Growth of Spaine and likewise the severall Affidavits of the Master Mate and Purser of such Shipp and Shipps as shall import the said Brandyes that the same was taken in at Sallow one of the Sea ports of the Province of Catalonia aforesaid any thing contained in this Act to the contrary notwithstanding
XVI. Rate of French Wine settled,
First Offence, Penalty £5.; Every succeeding Offence £10.
Provided that noe person shall sell at or demand a greater Price for any French Wines or Wines soe reputed or other Wines mixed with any French Wines from and after the tenth day of September one thousand six hundred eighty nine to the tenth day of September one thousand six hundred and ninety then twelve pence by the Quart and from and after the said tenth day of September one thousand six hundred and ninety the Summe of six pence the Quart and noe more and soe proportionably for a greater or lesser quantity upon penaltie of forfeiting for every Quart for which a greater price than what is above mentioned is either demanded or taken the Summe of five pounds for the first Offence to the Informer and the Summe of ten pounds for the second and every other Offence to the Informer to be recovered by Action of Debt Bill Plaint or Information in any of their Majestyes Courts of Record wherein no Protection or Wager of Law shall be allowed or any more then one Imparlance
XVII. Retailers to sell Wine in Pewter Measures sealed. Penalty £5.
And it is hereby enacted That from and after the tenth day of September one thousand six hundred eighty nine noe Vintner or Retailer of Wines whatsoever shall sell or utter any Wines by Retail other then by and in Measures made of Pewter and sealed according to the Statute under the paine and penaltie of five pounds for every such Offence to the Informer to be levyed and recovered in any of such Courts and in such manner as aforesaid
XVIII. Selling sophisticated Wine; Penalty £300.
[And for the preventing of the Mischiefs which may be occasioned by the sophisticating corrupting and adulterating of Wines dureing such time as they are by this Act allowed to be sold Bee it enacted That if any Merchant Vintner Wine-Cooper or other person selling Wine by Wholesale or Retaile shall corrupt sophisticate or adulterate any Wine or shall utter or sell any Wine corrupted sophisticated or adulterated such person shall forfeit the Sum of three hundred pounds for every such Offence the one moyety thereof to their Majesties and their Successors and the other moyety thereof to such person as shall sue for the same by Action of Debt Bill Plaint or Information wherein noe Essoigne Protection or Wager of Law or more then one Imparlance shall be allowed and alsoe shall suffer Imprisonment by the space of three months without Baile or Mainprize. (fn. 4) ]