four pound two farthings and a half farthing and for all other sorts of lesser Clothes to be allowed to a short Cloth that is to say every Stranger shall pay for every short Cloth cont ' in length not above 28 yards and in weight not above 64 l. white or coloured by him to be shipped or carried out of this Kingdom Six shillings eight pence besides the old duty of one shilling and two pence And so after that rate for all other sorts of Clothes of greater length and weight and for all sorts of lesser Clothes to be allowed to a short Cloth That is to say Dorset and Somerset Dozens Rudge washt Cardinals Pin-whites Straites Statutes Stockbridge Tavestock seven of each sort shall be allowed to a short Cloth Tauntons Bridgwaters and Dunstars the 5. not exceeding 64 l. in weight Devon Dozens containing 12 or 13 yards in weight 13 l. Five to be allowed to a short Cloth Ordinary Pennystones or Forrest Whites cont ' between 12 or 13 yards and in weight 28 pounds Shorting Penystones cont ' 13 or 14 yards and in weight 35 pounds unfreized Four to be allowed to a short Cloth Narrow Yorkshire Kersies Whites and Reds cont ' not above 17 or 18 yards and in weight 22 pound Hampshire Ordinary Kersies Newberry Whites and other Kersies of like making cont ' 24 yards and in weight 28 l. Sorting Hamshire Kersies cont ' 28 pound and in weight 32 pound Three of them to make a short Cloth Northern Dozens single sorting Penystons cont ' between 13 and 15 yards and in weight 53 pound Frized Two of them to make a short Cloth And the Northern Dozens double one to be accounted for a short Cloth All which shall go and be accounted for short Clothes and shall pay after the rate of the short Cloth before rated and for over weight 2. farthings and one half the pound The New sort of Cloth called the Spanish Cloth otherwise Narrow List Western Broad Cloth not exceeding 25 yards in length and 43 pounds in weight to be accounted two thirds of the short Cloth before rated And for every pound weight exceeding 43 pounds two farthings and half a farthing the pound weight Cloth Rashes alias Cloth Serges cont ' 30 yards weighing 40 pound to be accounted two thirds of the short Cloth before rated And for every pound exceeding 40 pound weight two farthings and half a farthing the pound weight And for any other sort of Woollen Cloth of the Old or New Drapery and not mentioned in that Book to pay two farthings and half a farthing the pound weight And for any other sort of Woollen Cloth of the Old or New Drapery and not mentioned is to pay 2 farthings and half a farthing for the Subsidy of every pound thereof CHAP. XIII Of Impositions Subsequent Conditional Temporary c. I. Of Impositions on the Manufactures of France by Lex talionis II. On Vineger Perry Cider and Rape Customes payable by Denizens and Strangers and Logwood made Importable III. On Ships that have not two Decks and 16 Guns IV. On Salt Beer Cider Perry Vinegar a further Duty V. Of the Duty called Coynage and upon what impos'd and the Temporary Imposition called the Additional Duty VI. Of Goods particular Imported by Aliens And Rules for petty Customes and other matters relating to Duties VII Of Aliens Customes on Fish and other Commodities and rates upon the same VIII Impositions on Forraign Liquors and Rates on the same IX Of Native Commodities and such as were formerly prohibited may be transported paying certain Duties X. Beer c. Exported Skins Leather c. Transportable paying such Duties Bulloign and Coyn onely excepted XI Of Spices Importable by any Nation XII Of Great and lesser Officers Fees and of Goods not paying one pound Custome in or out what Fees to be taken XIII Voluntary Gifts from some esteemed no Bribes and Rates about payment of Fees XIV Of Allowances for Jury what THere are several Duties imposed subsequent to the Duties payable by the Book of Rates and over and above the same That is to say on all Ships belonging to the French King's Subjects which shall lade or unlade any Goods in this Kingdome or set on shore or take in any Passenger to pay 10 s. per Tun This was an Oliver for a Rowland the French King having done us the like kindness by imposing the value of 50 Solz on every English Ship this complyment lasts but 3. weeks longer then the French Kings his remov'd ours drops II. So likewise on Vinegar Perry Rape Cider and Cider-eager imported from Forraign Parts per English shall answer Six pounds ten shillings per Tun if by Strangers then but six pounds But if they shall Export then Three pounds ten shillings per Tun shall be repaid to the English and Four pounds fifteen shillings to be repaid to strangers The Statute of Eliz. Cap. prohibiting the Importation of Logwood Repealed and the same may be Imported paying 5 l. per Tun and in case of Exportation then to be repaid 4 l. per Tun. III. The Parliament taking likewise again into consideration the encouragement of Trading in Ships of force have imposed on all Goods and Merchandize Imported and Exported from and to the Mediterranean Sea beyond Malaga in any Ship that hath not two Decks and 16 Pieces of Ordnance mounted and two men to each Gun to pay over and above the Rates imposed by the Book of Rates one per Cent ' This does not extend to Ships laden with Fish or half laden with Fish and other Commodities V. So likewise on Salt out of Scotland into England one half-penny per Gallon Again There is imposed on Wines Vinegar Cider and Beer Ten shillings per Tun and on Brandy and Strong Waters 20 s. per Tun. For the Coinage Duty the moneys that arises on this Duty is to be paid at the Custome-House to the Collectors and other Officers to be by them kept apart from all other Moneys and paid Quarterly into the Exchequer without Salary or Fee The Goods are forfeitable for non-payment of this Duty and the same is to be repaid if the Goods are transported within one year There is likewise an Imposition of 12 l. per Tun on Spanish Wines and 8 l. per Tun on French Wines and Vinegar but that is but temporary and ends the 24 th of June 1678. VI. There is also Duties payable by Aliens for Goods Imported in Aliens Ships commonly called Navigation Duties So likewise all Goods of the growth production or Manufacture of Muscovia or Russia and also of Turkey Note That in all cases where petty Custome inwards is payable it is to be understood of the fourth part of the full Subsidy according to the rates and value in the Book of Rates before the 5. per Cent. is deducted Note Wines of all sorts Imported are to pay Aliens Duties Note That the Nett Subsidy of
Morning and six of the Clock in the Evening from the Tenth day of March to the Tenth of September giving notice thereof to the respective Officers appointed to attend the lading and unlading of Goods and such Officer as shall refuse upon due calling to be pâ—…sent he shall forfeit for every default 5 l. the one 〈◊〉 to the King the other to the party agrieved he suing for the same XIV The Merchants of York Kingston upon Hull and New-Castle upon Tyne and the Members thereof shall be allowed free Custome and Subsidy two of the Northern Clothes and Kersies in ten to be shipped in those Ports in the name of Double Wrappers as formerly has been there allowed them XV. The Merchants of Exceter and other Western parts shall be allowed free of Subsidies one Perpetanae in Ten for a Wrapper and three Devons Dozens in Twenty for Wrappers the same to be shipped out of the Ports of Exceter Plymouth Dartmouth Barnstable Lyme Regis or the Members thereof XVI All Merchants Transporting any sort of Woollen whether new or old Drapery as also all Bayes and Cottons shall be allowed one in ten for a Wrapper free of Custome and Subsidy XVII Every Merchant shall be allowed upon all other Goods and Merchandize appointed to pay to any the Subsidy of Poundage according to the Rate in the Book of Values to be Imported 5. in the Hundred of all the said Subsidies of Poundage so appointed to be paid XVIII The Officers who sit above in the Custome-House of the Port of London shall attend the service of their several places from 9. to 12 of the Forenoon and one Officer or one able Clerk shall attend with the Book in the Afternoon during such time as the Officers are appointed to wait at the Waters side for the better deciding of all Controversies that may happen concerning Merchants Warrants all other the Officers of the Out-Ports shall attend every day in the Custome-House of every respective Port for dispatch of Merchants and Ships between the hours of 9. and 12 and 2. and 4. in the Afternoon XIX Every Merchant making an Entry of Goods either Inwards or Outwards shall'be dispatched in such Order as he cometh and if any Officer or his Clerk shall either for favour or reward put any Merchant or his Servant duly attending and making his Entries as aforesaid to draw any other Reward or Gratuity from him then is limited in the Act of Tunnage and Poundage and the general Book of Values if the Master Officer be found faulty herein he shall upon complaint to the Chief Officers of the Custome-House be strictly admonished of his Duty but if the Clerk be found faulty therein he shall upon complaint to the said chief Officers be presently discharged of his Service and not permitted to sit any more in the Custome-House XX. The Lord Major Commonalty and Citizens of the City of London their Officers or Deputies for and touching Offices of Package Scavage Baleage or Portage of any Goods or Merchandize of Aliens or their Sons born within this Kingdom or unfreemen Imported or Exported into or out of the City of London or the Liberties or Ports thereof unto or from the parts beyond the Seas for or concerning the receiving or taking of any Fee or Rates heretofore usually taken for or in respect of the said Offices or any of them might and may receive and take the same any thing in the ACT of Tunnage and Poundage or any other Act or thing to the contrary notwithstanding XXI All ancient Duties heretofore lawfully taken by any City or Town Corporate their Farmers Deputies or Officers under the name of Town Custome or the like for the maintenance of Bridges Keyes Harbours Wharfes or the like shall and may be received and enjoyed as formerly any thing in the said Act or any other Act to the contrary in any wise non obstante XXII The Under-Searcher or other Officers of Gravesend have power to visit and search any Ship outward bound but shall not without just and reasonable cause detain any Ship under colour of searching the Goods therein laden above 3. Tydes after her arrival at Gravesend under pain of loss of their Office and rendring damage to the Merchant and Owner of the Ship and the Searcher or Officer of the Custome-House in any of the out-Ports having power to search and visit any Ship outward bound shall not without just and reasonable cause detain such Ship under colour of searching the Goods therein laden above one Tyde after the said Ship is fully laden and ready to set sayl under pain of loss of the Office of such offender and rendring damage to the Merchant and Owner of the Ship XXIII All Timber in balks which shall be of 8. inches square or upwards that shall be imported or brought from any part beyond the Seas into the Realm of England Dominion of Wales Port and Town of Berwick or any of them shall be rated according to the measure of Timber the foot square 3. d. for the value thereof and according to that rate shall pay for Subsidy 12 d. in the pound according to Poundage and all under eight inches square and above 5 inches square shall pay for Subsidy according to the Rates mentioned in the Book of Rates for middle Balks and all of 5. inches square or under shall pay according to the rate of small Balkes XXIV For avoiding of all oppressions by any the Officers of the Customes in any Port of this Kingdom in exacting unreasonable Fees from the Merchant by reason of any Entries or otherwise touching the shiping or unshipping of any Goods Wares or Merchandize it is ordered That no Officer Clerk or other belonging to any Custome-House whatsoever shall exact require or receive any other or greater Fees of any Merchant or other whatsoever then such as are or shall be established by the Commons in Parliament assembled if any Officer or other offend contrary to this Order he shall forfeit his Office and place and be for ever after uncapable of any office in the Custom-House XXV All Fees appointed to be paid unto the Customer Comptroler Surveyor or Surveyor General in the Port of London for any Cocquets or Certificate outwards shall be paid altogether in one sum to that Officer from whom the Merchant is to have his Cockquet or Certificate above in the Custom-House and after the Merchant hath duly paid his Custome and Subsidy and other duties above in the Custome-house as is appointed above by the Book of Rates he is to be master of and keep his own Cockquet or Certificate untill he shall ship out his Goods so entred when as he is to deliver the same to the Head Searcher or his Majesties Under-Searcher in the Port of London or other Ports together with the mark and number of his Goods XXVI The Officers of the Custome-House for the time being shall allow and make unto all persons all such Moneys as are or shall be
due unto them for the half Subsidy and also the Algier Duty of Forraign Goods formerly Exported now due and unpaid The Duties and Sums of Money appointed to be paid by the Act of Tonnage and Poundage passed this Parliament and by the Book of Rates therein mentioned and no other shall be paid to his Majesties Officers during the continuance of the said Act upon Goods imported and exported any Law Statute or Usage to the contrary notwithstanding Nevertheless the duty of Prizage and Butlerage and the duty of 12 d. of every Chaldron of Sea-Coal exported from Newcastle upon Tyne to any other Port or Ports of this Realm shall be continued XXVII If any Merchant Denizen born shall happen to have his Goods and Merchandize taken by Enemies or Pyrats at Sea or perished in any Ship or Ships the duties being either pâ—…id or agreed for upon due proof thereof may ship out of the same Port the like quantity as shall amount unto the Custome without paying of any thing for the same If the Importer shall pay ready money he shall be allowed 10 per Cent. for so much as he shall pay down XXVIII Ships of Warr may be entred and searched for prohibited and uncustomed Goods and to bring them a shoar to the Kings Ware-houses and the Commissioners or Head Officers may leave aboard Officers to look after them that none be unladen or imbezelled on pain of forfeiturc of 100 l. And if Goods are concealed a shipboard after such time as the Ship is cleared to forfeit 100 l and then any with a Writ of Assistance out of the Court of Exchequer to go in the day time to any place and enter and seize Goods conveyed secretly into Ships and carried away without paying the Subsidy and Duties the Owners and Proprieters forfeit the double value except Coals which only forfeit the double Custome and Duty XXIX There are allowances to be given Merchants for defective and damag'd Goods of 5 per Cent. on all Goods imported and 12 per Cent. on all Wines to be allowed upon debentures but if they shall ship out less then is in the Certificate then the Goods therein mentioned or the value thereof shall be forfeited and the Owner or Merchant shall lose the benefit of receiving back any of the Subsidy and Goods shipped out are not to be landed again in England on pain of forfeiture of those Goods All Goods coming out of or carried into Scotland by Land shall pass thorough Berwick or Carlisle and pay Customes as others on pain of forfeiture And although that by this Act there are many allowances to be made especially Merchants Denizens yet the Parliament have ever been so careful as to bound the same that is it shall be to such who Trafick in Ships which are indeed the Bul work of this Isle and therefore if such Merchandize shall be Transported out in any Gally or Carrack they are obliged to pay all manner of Customs and all manner of Subsidies as any Alien but in regard that Herring and Fish are and have been accounted one of the principal Commodities and generally finds a vent or Market in those Kingdoms and Countries that usually imploy such sort of Vessels those Commodities may be Transported in them as well as Ships from any Port or Harbour within this Realm without paying any Subsidy or poundage for the same but then such Fish must be taken by the Natives of the Kingdom and Transported by them otherwise to pay as Aliens And whereas all manner of Woollen Cloaths as well White as Coloured unrowed unbarbed and unshorne and not fully dressed are prohibited by Law to be Transported His Majesty was gratiously pleased to Grant unto Frances Countess of Portland as well for her Alliance in blood as also for the many Crosses and Calamities which she hath suffered by the loss and Death of her nearest Relations in his Majesty and his Royal Fathers Service full power for one and thirty years to Licence the Transporting of such goods Non obstante such prohibitory Laws the which is now put in Execution by agreement and Composition with her Deputies at the Custome House CHAP. XVI Of the Right of Passage of imposing on the Persons and Goods of Strangers for passage thorough the Seas I. Of the Right of harmless Utility excepted tacitly in the primitive dominion of things II. Where Passage ought to be open and where the same might be implicitly provided for in the first institution of Property and under what Cautions III. Of the same right as in reference to Goods and Merchandize IV. If Passage admitted whether Tribute or Toll may be imposed V. Where Imposition may lawfully be laid and for what causes And of the Kings Prerogative in that Point I. HAving in the foregoing Three Chapters observed somewhat of Customes and Impositions laid de facto within the Realm and that by Acts of Parliament or the consent of the Three Estates it may not seem amiss to enquire what Imposition the King of his Prerogative may impose on Strangers and their Goods passing thorough his Territories and Seas and in that to enquire of the same as in reference to Persons and Goods Beside the right of necessity which seems to be excepted in the first Institution of Dominion there is another Relique of old Communion namely the Right of harmless Utility For why should not one saith Cicero when without his own detriment he may communicate to another in those things that are profitable to the Receiver and to the Giver not chargeable Therefore Seneca saith it cannot be called a benefit to give leave to another to light his Fire by yours We read in Plutarch it is not lawful to spoyl our Victuals when we have more then enough nor to stop nor hide a Fountain when we have drunk our fill nor to abolish the Way marks either by Sea or Land which have been useful to us So a River as a River is proper to that Prince or that Lord or that People within whose Dominion or Royalty it runs and they may make a Mill on it unless it be Common as a High-way and may take what Fish the River yields but the same River as a running Water remained common as to drinking or drawing of it notwithstanding as to the Fishing and the like it may be peculiar II. Again Lands Rivers nay if any part of the Sea be come into the Dominion or Property of any People it ought to be open to those that have need of Passage for just causes namely being expelled by force out of their own Country they seek void places or because they desire Commerce with remote Nations The reason here is the same which hath been mentioned elsewhere because Dominion might be introduced with a reception of such use which profits these and hurts not those and therefore the Authors of Dominion are to be supposed willing rather to have it so then that such
Potestatem nostram vehendorum dimidiam Marcam supra id quod ex antiqua Custuma antea solvebatur Et similiter de trescentis pellibus Lanutis extra Regnum Potestatem nostram deducendis quadraginta denarios ultra certum illud quod de antiqua Custuma fuerat prius datum Item duos Solidos de qualibet Scarleta panno tincto in grano Item Decem octo denarios de quolibet panuo in quo pars grani fuerit intermixta Item Duodecim denarios de quolibet panno alio sine grano Item Duodecim denarios de quolibet Cerae quintallo Cumque de prefatis Mercatoribus nonnulli eorum alias exerceant Merchandisas ut de Aberio ponderis de alijs rebus subtilibus sicut de pannis Carsen de Serico de Cindatis de Seta alijs diversis mercibus de equis etiam ac alijs animalibus Blado alijs rebus Merchandisis multimodis que ad certam Custumam facile ponâ—… non poterunt iâ—…dem Mercatores concesserunt dare Nobis Heredibus nostris de qualibet libra argenti estimationis seu valoris rerum Merchandisarum hujusmodi quocunque nomine censeantur tres denarios de libra in introitu rerum Merchandisarum ipsarum in Regnum Potestatem nostram predictam infra Uiginti dies postquam hujusmodi Res Merchand sae in Regnum Potestatem nostram adducte etiam ibidem eroneratae sive venditae fuerint Et Similiter tres denarios de qualibet libra argenti in eductione quarumcunque rerum Merchandisarum hujusmodi â—…mptarum in Regno Potestate nostra predictis ultra Custumas antiquas nobis aut alijs ante datas Et super valore estimatione rerum Merchandi sarum hujusmodi de quibus tres denarij de qualibet â—…bra argenti sicut predicitur sunt solvendi credatur eis per literas quas de Dominis aut socijs suis ostendere poterunt si literas non habeant Stetur in hac parte ipsorum Meccatorum si presentes fuerint vel vallettorum suorum in eorundem Mercatorum absentia juramentis Liceat insuper Socijs de Societate Mercaturum predictorum infra Regnum Potestatem nostram predictam lanas vendere alijs socijs suis similiter emere ab eisdem absque Custuma solvenda ita tamen quod dictae Laâ—…ae ad tales manus non deveniant quod Custuma nobis debita defraudâ—…mur Et praeteria est sciendum quod postquam saepedicti Mercatores semel in uno loco infra Regnum Potestatem nostram Custumam nobis concessam superius pro Merchandisis suis in forma solverint supradicta suam habeant inde Warrantum erunt liberi quieti in omnibus alijs locis infra Regnum Potestatem nostram predictam de solutione Custumae hujusmodi pro eisdem Merchandisis seu mercimonijs per idem Warrantum sive hujusmodi Merchandisae infra Regnum Potestatem nostram remaneant sive exterius deferantur Exceptis vinis que de Regno Potestate nostra predictis sine voluntate licentia nostra sicut predictum est nullatenus educantur Volumus autem ac pro Nobis Heredibus nostris concedimus quod nulla exactio Prisa vel Prestatio aut aliquod aliud onus super personas Mercatorum predictorum Merchandisas seu bona eorundem aliquatenus imponatur contra formam expressam superius concessam 〈◊〉 testibus venerabilibus Patribus Roberto Cantuariensi Archiepiscopo totius Angliae Primatae Waltero Coventr Litchf Episcopo Henrie de Lacy Comite Lincoln Humfrido de Bohun Comite Hereford Essex ac Corstabular Angl. Adomar de Valencia Galfrido de Geynvill Hugone le de Spencer Waltero de bello Campo Senescallo Hospitij nostri Roberto de Bures alijs Dat. per manum nostram apud Westm. primo die Febr. VIII Subsidy is a Duty payable for Merchandizes Exported and Imported granted by Act of Parliament for the life of the King And are 1. Ayds and Subsidies payable out of Native Commodies Exported and Imported 2. Tunnage which is a Subsidy out of Wines of all sorts and Poundage which is a Subsidy granted out of all Commodities Exported and Imported except Wines and ancient Staple Commodities and is the 20th part of the Merchandize Imposts or Duties payable for Merchandizes rated and assessed by Parliament and then they are in the nature of Subsidies imposed by the Kings Prerogative The Rates are generally agreed on by the Commons House of Parliament and are exprest in a Book commonly called the Rates of Merchandize that is to say the Subsidy of Tonnage and Poundage and the Subsidy of Woollen Cloathes or old Drapery and are subscribed with the hand of the Speaker IX All Merchant-Strangers bringing in any sort of Wines are to pay Thirty shillings in the Tun over and above the Rates which the Natives pay including Twenty shillings the Tun formerly paid to His Majesty by the name Southampton Duties for all Wines of the growth of the Levant for which sort of Wines the Stranger is also to pay to the use of the Town of Southampton for every Butt or Bipe Ten shillings Aliens are like wise to pay the ancient Duty of Butlerage which is 2 s. per Tun. Rule That all such Wines as shall be landed in any of the Out Ports and Custome paid and afterwards brought to the Port of London by Certificate shall pay so much more Custome as they paid short of the Duty due in the Port of London For every Tun of Beer to be Exported in shipping English built in money must be paid Two shillings And for every Tun of Beer Exported in any other shipping in money six shillings X. If there shall happen to be brought or carried out of this Realm any Goods lyable to the payment of Custome and Subsidy which are omitted in the Book of Rates or are not now used to be brought in or carried out or by reason of the great diversity of the value of some Goods could not be Rated That in such case every Customer or Collector for the time being shall and may levy the said Custome and Subsidy of Poundage according to the value and price of such Goods to be affirmed upon the Oath of the Merchant in the presence of the Customer Collector Comptroller and Surveyor or any two of them XI Every Englishman shall pay for every short Cloth containing in length not above 28 Yards and in weight not above 64 l. white or coloured by him to be shipped and carried out of this Kingdom Three shillings four pence being after the rate of two farthings and half a farthing the pound weight And so after that rate for all other sorts of Clothes of greater length and weight allowing not above Twenty eight yards and sixty four pound to a short Cloth that is to say for every pound weight over and above sixty
Vinegar Perry Rape Cider and Cider-eager both in London and out Ports is the same with the Subsidy of French Wines payable in London VII So likewise there is a further Imposition called Aliens Custome for all Fish Fish Oyl Blubber Whale-bone or Whale-fins not being caught in vessels belonging to Englishmen are to pay double Strangers Custome So likewise Custome and Impost to be paid for several sorts of salted or dryed Fish not imported in Ships English built or belonging to England and not having been stifled and caught in such Ships Upon which ACT Note That the 5. per Cent. is not to be allowed out of the Petty Custome VIII There is likewise an Excise or Impost upon Forraign Liquors imported That is to say Beer or Ale 6 s. per Barrel Cyder or Perry the Tun ten shillings Brandy or Strong Waters perfectly made 8 d. per Gallon If any of those Goods be landed before those Duties be fully paid and Warrants signed and without presence of an Officer they are forfeited the Informer half IX There is likewise Duties imposed on several Commodities Exported by several Acts of Parliament subsequent to the Act of Tunnage and Poundage Coals Transported in English Shipping and Navigation for his Majesties Plantations in lieu of all Custome shall pay onely for one Chaldron of New-Castle Measure 1 s. 8 d. For one Chaldron London Measure 1 s. Provided good Security be given for landing the said Coales accordingly There are likewise several Native Commodities and Cattle prohibited by divers Acts of Parliament not to be Transported unless sold under such prices but non obstante they may now be Exported paying Custome according to the Book of Rates X. There is likewise an Imposition on Beer Ale and Mum to be Exported to pay 1 s. per Tun and no more But this is but tempore for 6. years So likewise Leather of all sorts Sheep-skins Calve-skins Tanned or dressed non obstante any former Law paying for each hundred weight cont ' 112 l. weight one shilling and no more This ends in 25th of March 1675. and both of them to the end of the next Sessions of Parliament after Likewise all sorts of Forraign Coyn or Bullion of Gold or Silver may be Exported without paying any Duty or Fee for the same entry being first made in the Custome-House the like for Diamonds Pretious Stones Jewels and Pearls of all sorts XI All persons whatsoever may Import from any place beyond Sea in English Ships Mace Nutmegs Cynamon Cloves into England Wales Jersey Guernsey paying the Customes thereof Provided before the lading thereof they give notice to the Commissioners or Farmers of the Customes of the quantity quality they intend to lade with the name of the Vessel in which they intend to import the same and procure a Licence under the hands of the said Farmers or Commissioners or any 3. of them for the Importing the same Note If Goods are Wreck't and the Lord seizes them yet they ought not to pay Custome XII Fees and Allowances due and payable to the Officers of his Majesties Customes and Subsidies in the Port of London and the Members and Creeks thereunto belonging That is to say to the Officers of the Petty Customes Outwards Subsidy Outward Petty Customes Inwards Subsidies Inwards Great Customes Clerks Fees Inwards and Outwards the Kings Waiters being in number Eighteen the Register of the Kings Warrants the Usher of the Custome-House Gaugers of French Vessels Chief Searcher and his Majesties five Under-Searchers in the Port of London and the two Searchers at Graves-end were all set and entred in a Table the same was settled by the Commons House of Parliament and signed by the Right Honourable Sir Edward Turner now Lord Chief Baron of his Majesties Court of Exchequer and then Speaker to the Commons House of Parliament at which time the Question being put That for all Goods not paying one pound Custome in or out there shall be but half Fees taken for all Cocquets Warrants Debentures Transires or Certificates It was Resolved in the affirmative XIII Societies or Companies Trading in a joynt stock and making but one single Entry the Adventurers being many the Table of Fees does not hinder but the Officers and Waiters may receive such gratuity as the Company shall voluntarily give All Goods under the value of 5 l. in the Book of Rates paying Subsidy the sum of 5 s. or less shall pass without payment of Fee English Merchants that shall land out of one Ship at one time although the receipt of the Subsidy be distributed into several Offices shall not pay any more than for a single entry The Goods of Partnership to pass as if the propriety were in one single person Fish by English in English shipping or Vessels inwards or Outwards all along the Coast to pay no Fee Post Entries inward to pass without Fee under five shillings if above five shillings and under forty shillings then six pence but if the Custome to be paid exceed 40 s then full Fees The Merchant shall pay for all Goods opening that shall be short entred above 10 s. Custome The Merchant shall pay for weighing of all Goods shall be short entred above 20 s. Custome The Merchant is not to be at any charge if duly Entred XIV There is likewise to be allowed to the Merchants a certain abatement called Tare for Goods and Merchandize the which is reduced into a Table and cannot be deviated from in any case within the Port of London without special direction of the Commissioners or Farmers or in their absence of the consent of the General Surveyors and Surveyor of the Ware-house or of two of them at the least whereof the Surveyor of the Ware-house to be one and in the Out-Ports not without the consent and advice of the Collector and Surveyor or where there is no Surveyor by the Collector himself giving speedy notice to the Commissioners or Farmers of the reason of so doing CHAP. XIV Of Scavage Package Portecage Ports Members Craks the Port of London and places lawful to lade and unlade in I. Scavage what where payable and to whom II. Who pay the same and how Reguâ—…ated and governed III. Goods omitted in the Scavage Table of Rates how to pay IV. Of Package how govern'd and where payable V. Where Strangers shall pay as of old VI. Of Packers Water-side Porters what Duties Strangers are to pay for shipping out their Goods VII Of Ports Members and Creeks what are meant and understood by them as in reference to action lawful or unlawful VIII The several Ports Members and Creeks in England and Wales IX Of the Extent of the Port of London X. Of the several Keyes Wharfs and other placès lawfull for landing of Goods XII What Goods are Excepted which may be shipped or landed at other places I. SCavage is an ancient Toll or Custome exacted by Majors Sheriffs c.
of Merchant Strangers for Wares shewed or offered to sale within their precincts which is prohibited by the Statute of 19 H. 7. cap. 8. in a Charter of King Henry the Second to Canterbury it is written Scewinga The City of London still retain the Custome of which in an old printed Book of the Customes of London it is there mentioned and how to be disposed of which Custome halfen del apperteyneth to the Sherriffs and the other halfen del to the Nostys in whose houses the Merchants boen lodged And it is to wet that Scavage is the shew by cause that Merchants shewen unto the Sherriffs Merchandizes of the which Customes ought to be taken ore that any there be sold c. The Scavage that is taken consists of two parts that which is payable by Denizens and that which is required of Aliens And that all persons subject to such Duties might not be imposed upon there are Tables mentioning the particular Duties set up and approved by the Lords Chancellor Treasurer President Privy Seal Steward and two Justices of the Kings-Bench and Common-Pleas and by them subscribed or any four of them at least The which Duties are on Goods Inwards and Outwards III. Note All Goods mentioned in the Table of Scavage and not mentioned in the Table of Rates shall pay after the rate of one penny in the pound according as they are expressed or valued in his Majestie 's Book of Rates and all others not expressed therein shall pay the same Rates according to the true value Note That all private Baulks 8. Inches square and upwards are by the 23. Article annexed to the Book of Rates reputed Timber and valued at 3 d. the foot 50 Foot making one Load the value of which is 12 s. 6 d and the Subsidy for one Load â… of one penny or one half penny and half one farthing out of which the 5 per Cent. is to be deducted IV. There is likewise another Duty called Package the which is likewise set and rated in a Table and the which is taken of all the several Commodities therein mentioned All Goods not mentioned in that Table are to pay for Package Duties after the rate of one penny in the pound according as they are expressed or valued in his Majesties Book of Rates and all others not expressed therein shall pay the same rate according to their true value For every Entry in the Packer's Book for writing Bills to each entry outward as usually they have done 12 d. The Strangers are to pay the labouring Porters for making up their Goods at their own charge as alwayes they have done Strangers are likewise to pay the Water-side Porters belonging to the Package Office such Fees and Duties for Landing and Shipping their Goods as they usually have done within these 10 years The Packers Water-side Porters have Tables of Duties for landing of Strangers Goods and for the shiping out their Goods and Goods not mentioned in the Table are to pay Portage Duties as other Goods do of like Bulk or condition therein expressed VII Port or locus Publicus are those places to which the Officers of the Customes are appropriated and which contain and include all the Priviledges and guidance of all Members and Creeks thereunto allotted By Members are those places where anciently a Custome-House hath been kept and Officers or their Deputies attending and are lawful places of Exportation or Importation Creeks are places where commonly Officers are or have been placed by way of prevention not out of duty or right of attendance and are not lawful places of Exportation or Importation without particular Licence or sufferance from the Port or Member under which it is placed VIII The several Ports and Members as now they account at the Custome-House are Ports Members Creeks London  Gravesend Ipswich Malden Leigh Burnham West Mersey Colchester East Mersey Brickley Wivenhoe  Maintree Harwieh Yarmouth Woodbridge  Alborough Orford Dunwick Sowold Walderswick  Lestoffe Blackney and Cley  Lynn Wells Burnham  Hitcham Cross Keyes Wisbeech Boston  Spalding Fosdick Wainfleet Numby Chappel Thetlethorp Salt-fleet Ports Members Creeks Hull Grimsby Gainthorpe Bridlington  Scarborough  New-Castle Whitby  Stockton Middlesborough Hartlepoole  Sunderland  Sheilds   Seaton delaval Blith nooke Berwick  Aylemouth Warnewater Holy Island East Marches containing the Coast of Northumberland bordering on Scotland Carlisle  West Marches containing the Coast of Cumberland bordering on Scotland Whitehaven Workington Ravinglas Milnthorpe Ports Members Creeks Chester Lancaster Pyte of Fowdrey Graunge Boulton Wyrewater Preston and Rible Water Liverpoole Sankey Bridge Fradsham South shoare of the River of Mersey to the Red Stones  Hilbree Dawpoole Neston Burtonhead Baghill Mostin Aberconway  Bewmaris Holy-head Amlogh Carnarvan Pulhelly Barmouth Ports Members Creeks Milford Aberdovy Aberustah Cardigan Newport Fiscard Pembroke Haverford West Tenby Carmarthen Lanelthy North Burrys Cardiffe Swansey South Burrys Neath or Britton Ferry Newton  Aberthaw Penarth Newport Chepstow Glocester  River Severn from Bridge-North to King-Road Bristol  Pill Uphill Bridgewater Minhead  Ports Members Creeks Plymouth Padstow  St. Ives  Pensance  Helford  Falmonth Penrin St. Mawres Truro Fowey  Lowe   Saltash Stonehouse Cowsland Exeter Ilfracomb  Barnstable Clovelly Appledore Biddiford  Tincomb Starrcross Beare and Seaton Topsham Pouldram Sydmouth Lympson Exmouth Aylmouth Dartmouth Saltcomb Brixham Torbay Totnes Ports Members Creeks Poole Lyme Bridport Charmouth Weymouth Portland Lulworth Southampton  Swanidge Wareham  Christchurch Hinington Cowes Yarmouth Newport Portsmouth Emsworth Chichester Arundell Pagham Point Selsey Shorham Brighthempston Lewis New Haven Seaford Bemsey  Hastings  Rye Winchelsea Lyd. Rumney Hyth  Ports Members Creeks Sandwich Dover   Deale Rumsgate Marget Whitstable Feversham  Milton  Rochester Quinborough Note All the Ports and Havens in England are infra Corpus Comit ' and that the Court of Admiralty cannot hold Jurisdiction of any thing done in them Hollands Case Earl of Exeter 30 H. 6. And because he held Plea in the Admiralty of a thing done infra Portum de Hull damages were recovered against him 2000 pounds Vide Mich. 12 Jac. C. B. Greenway vers ' Barber Godbolt 260 261. IX In regard that the Port of London is of great concern as in relation to the Customes the extent and limits of the same Port is by the Exchequer settled which is declared to extend and be accounted from the Promontory or Point called North-Foreland in the Isle of Thanet and from thence Northward in a supposed line to the opposite Promontory or Point called the Nase beyond the Gunfleet upon the Coast of Essex and so continued Westward thorough the River of Thames and the several Channels Streams and Rivers falling into it to London-Bridge save the usual and known right liberty and priviledge to the Ports of Sandwich and Ipswich and either of them and the known Members
thereof and of the Customers Comptrollers Searchers and other Deputies of and within the said Ports of Sandwich and Ipswich and the several Creeks Harbours and Havens to them or either of them respectively belonging within the Counties of Kent or Essex X. And in regard that when Ships did come up to the Port of London there used to be very great Frauds committed by a promiscuous kind of shipping and landing of Goods and Merchandizes at several blind or unknown Wharfes and Keyes by reason of which his Majesty was often defeated of his Customes it was provided that a Commission might issue forth out of the Exchequer to ascertain all such Wharfes Keyes or other places as his Majesty by virtue of such Commission should appoint in pursuance of which his Majesty hath been pleased to allow to be lawful Keyes Wharâ—…s and other places for the lading or landing of Goods Brewers Key Chesters Key Wooll Dock Custome-House Key Porters Key Bear Key Sabbs Dock Wiggons Key Youngs Key Ralphs Key Dice Key Smart Key Somers Key Lyon Key Butolph Wharfe Hâ—…mons Key Gaunts Key Cocks Key Fresh Wharfe Billingsgate To be a common open place for the landing or bringing in of Fish Salt Victuals or Fuel of all sorts and all Native Materials for Building and for Fruit all manner of Grocery excepted and for carrying out of the same and for no other Wares or Merchandize Bridge-House in Southwark May be allowed a place convenient for landing of any kind of Corn bought or provided for Provision or Victualling of the City of London and not upon any private or particular persons account and for no other Goods or Merchandize XI It may be lawful for any person to ship or lade into any Ship or Vessel on the River of Thames bound over Seas Horses Coals Beer Ordinary Stones for Building Fish taken by any of his Majesties Subjects Corn or Grain the Duties being paid and Cocquets and othar lawful Warrant duly passed for the same So likewise Deal Boards Balks and all sorts of Masts and Great Timber may be unshipt and laid on Land at any place between Lyme-house and Westminster the Owner first paying or compounding for the Customes and declaring at what place they will land them before he unships them and upon Licence had and in the presence of an Officer they may unlade them otherwise they encur a forfeiture CHAP. XV. Provisions and Allowances made notwithstanding the several Clauses in the Acts for the Customes I. Custome to be paid for no more then is landed and when Bulk shall be broken II. Of Goods Imported and Exported what of the Customes shall be repaid back and by whom and of the things requisite in the same III. Of Agreement or Contracts made or to be made for the importing and exporting by way of Composition ratified IV. What Allowances to be made to the Exporters of Wines V. Of Exporting of Spanish Wooll where the same may be done VI. Of Currants Exported what Allowances shall be made and to whom as well to Denizens as Forragnâ—…s VII Goods imported not finding Market after a year Wine Exported discharged of Custome VIII What Allowances are to be made for Leakage IX What shall be accounted Leakage X. Wines proving unmerchantable what allowances to be made XI Tobaccoes receiving detriment or damage in the Importation what allowances to be made XII Strangers paying double Subsidy where they shall pay double Custome XIII Of Times and places lawful to unlade and Officers Duties then attendant to be present XIV York New-Castle and Hull men where Custome-free and for what XV. Exceter and other Western men what Free Subsidies shall be allowed in XVI Woollen where new or Old what allowances shall be made in Custome or Subsidy XVII Allowances of 5. in the Hundred for all other Goods XVIII The Customers and other Officers Duties in reference to attend their several Duties in the Customes XIX Of Officers their Duties and the punishments where made on complaint XX. The several Duties of London how preserved XXI The like for other Cities for those Duties granted or taken for publique good uses XXII Where Ships may be visited and the Officers duty relating to the same XXXIII Timber to be rated and in what manner must pay XXIV Prevention in Extortion of Customers and Officers and on what pains and penalties XXV Where Fees for Cocquets and Certificates shall be paid altogether and where he shall detain his own Cocquet till the Vessel has broke ground XXVI Where the Officers and Customers shall allow and make good to the Merchants the Algiere Duty and all other allowances and no other Imposition or Duty required by the Book of Rates shall be required or paid XXVII If Goods shall happen to be taken by Enemies or Pyrats or wreckt and what allowances shall be paid XXVIII Ships of Warr and other priviledged Vessels subject to search XXIX Of Allowances to be made and of shipping out lesser quantities then is contained in the Certificate what operation the same hath 1. EVery Merchant shall have free liberty to break Bulk in any Port allowed by Law and to pay Custome and Subsidy for no more then he shall enter and land Provided that the Master or Purser of every such Ship shall first make declaration upon Oath before any two Principal Officers of the Port of the true contents of his Ships lading and shall likewise after declare upon his Oath before the Customer Collector Comptroler Surveyor or any two of them at the next Port of this Kingdome where his Ship shall arrive the Quantity and Quality of the Goods landed at the other Port where Bulk was first broken and to whom they did belong A Merchant brought 80 Tun of Bay Salt by Sea to a Port in England and out of that ship sold 20 Tun and discharged the same into another Ship then riding at the same Port but the 20 Tun were never actually put on shoare and for the rest being 60 Tun the Master agreed for the Customes and put them on land and although that that 20 Tun was alwayes water-born and never were put on shoare yet adjudged they ought to pay the reason was for the discharging them out of the Ship amounts as much as to the laying them on Land the same being done in Port for otherwise the King would meerly be defrauded But if a Ship is carried in by storm and to preserve the Vessel part is landed before the Duty paid yet this will not subject the same to a forfeiture II. All Forraign Goods and Merchandizes except Wines Currants and wrought Silks first Imported shall be again Exported by any Merchant English within 12 months and such Merchant and Merchants as shall Export any such Forraign Goods or Merchandizes except as before is excepted shall have allowance and be repaid by the Officer which received the same the one moyety of the Subsidy which was paid at the first importation of such
Goods or Merchandizes or any part thereof so as due proof be first made by Certificate from the Officers of the due entry and payment of the Custome and Subsidy of all such Forraign Goods and Merchandizes inwards with the Oath of the Merchants importing the same affirming the truth thereof and the name of his Majesties Searcher or Under-Searcher in the Port of London and of the Searcher of any other the out Ports testifying the shipping thereof to be Exported after all which duly performed in manner before expressed the moyety of the Subsidy first paid inwards shall without any delay or reward be repaid unto such Merchant or Merchants who do export such Goods and Merchandizes within one month after demand thereof as also the whole additional duty of Silk Linnen and Tobacco as before is directed If the Officer shall refuse to pay admitting there was no Relief had by way of complaint whether the Merchant Exporter may not bring an Action against him upon the Debt created in Law as he that hath a Tally may do III. And if there be any Agreement now in force which was formerly made by the late Commissioners of the Customes and Subsidies with the Merchants Strangers or their Factors or shall hereafter be made by any Commissioners or Farmers of the Customes and Subsidies or any other power except by consent of Parliament with any Merchant or Merchants Strangers or Factors for any Forraign Goods and Merchandizes to be brought into the Port of London or any other Port or Haven of this Kingdome of England or Principality of Wales and to be Exported again by way of Composition all other Merchants being his Majesties Subjects shall be admitted into the same Composition and not to be excluded from any other priviledge whatsoever granted to the stranger by any private agreement or composition under the same Condition and with the same Restriction as shall be made with the Merchant Stranger IV. Every Merchant as well English as Stranger that shall ship and export any kind of Wines which formerly have paid all the duties of Tunnage inwards shall haâ—…e paid and allowed unto them all the Duties of Tunnage paid inward except to the Englishman 20 s. per Tun and the Stranger 25 s. per Tun upon due proof of the due Entry and payment of Tunnage inwards and of the shipping thereof to be Exported to be made as above V. If any Merchant Denizen or Stranger shall Export any Spanish or Forraign Wooll he shall have liberty so to do with this further condition That such Spanish or other Forraign Woolls whatsoever be not Exported in any other Ship or Vessel whatsoever with intent to be arrived beyond the Seas out of the Kingdome of England and Dominion of Wales then only in English Shipping upon pain of confiscation VI. Every Merchant as well English as Stranger which shall ship or Export any Currants which formerly were duly entred and paid the Subsidy and Custome inwards shall have allowed and repaid unto them respectively all the Custome and Subsidy paid inwards for the same except 1 s. 6 d. for every Hundred weight to the English and 1 s. 8 d. and one half penny for every Hundred weight to the Stranger upon due proof of the due Entry and payment of the Custome and Subsidy thereof inwards and of the Shipping thereof to be Exported to be made as in the second Article VII If any Merchant having duly paid all Duties inwards for Forraign Goods and in regard of bad sales shall be enforced to keep the same or any part thereof in his hands after the space of a year shall be elapsed in this case he or any other person is to be permitted to ship the same out for parts beyond the Seas if they think fit without payment for any Subsidy for the same outwards upon due proof that the same was duly entred and Subsidy paid inward VIII Every Merchant bringing in any sort of Wines into this Kingdome by way of Merchandize and shall make due Entries of the same in the Custom-house shall be allowed 12 per Cent. for Leakage IX Every Hogshead of Wine which shall be run out and not full seven Inches shall be accounted for outs and the Merchant to pay no Subsidy for the same And by some is conceived that no freight shall be paid for the same but the Merchant may fling them up to the Master for Freight but that should seem hard for non constat any fault in the Master but the same may be in the Cask or in the ill stowing the Master by custome having no charge of the stowing of Wines especially French but the same belongs to certain Officers beyond Seas from whence they are imported besides the Goods be they empty or full take up Tunnage in his Ship and should all the Wines a Shipboard have the same misfortune it would seem hard however it is pity Opinion in this case should amount to a laudable Custome X. If any Wines shall prove corrupt and unmerchantable and fit for nothing but to distil into hot Waters or to make Vinegar then every Owner of such Wines shall be abated in the Subsidy according to such his damages in those Wines by the discretion of the Collectors of the Customes and one of the Principal Officers XI If any Tobacco or other Goods or Merchandize brought into this Kingdome shall receive any damage by salt water or otherwise so that the Owner thereof shall be prejudiced in the sale of such Goods the principal Officers of the Custome-House or any two of them whereof the Collector for the time being to be one shall have power to choose two indifferent Merchants experienced in the values of such Goods who upon visiting of such goods shall certifie and declare upon their Corporal Oaths first administred by the said Officers what damage such Goods have received and are lessened in their true value and according to such damage in relation to the Rates set on them in the Book of values the Officers are to make a proportionable abatement 〈◊〉 the Merchant or Owner of the Subsidy due for the same XII All Merchants Strangers who according to the rates and values set in the general Book of Values and Rates and do pay double Subsidy for Lead Tiâ—… Woollen Cloth shall also pay double Custome for Native Manufactures of Wooll and the said Strangers are to pay for all other Goods as well inwards as outwards rated to pay the Subsidy of Poundage three pence in the pound or any other Duty payable by Charta Mercatoria besides the Subsidy XIII That the Merchants Trading into the Port of London have free liberty to lade and unlade their Goods at any lawful Keyes and places of shipping and lading of Goods between the Tower of London and London-Bridge and between Sun-rising and Sun-setting from the Tenth day of September to the Tenth day of March and between the hours of Six of the Clock in the
ought not to be done by Nations in Amity 1. 1. 9 Restitution of the overplus the debt and damages satisfied 1. 2. 22 Restitution only to be made in that Country whither the Vessel is carried 1 4. 14 Scavage WHat and for what due 2. 14. 1 Sea Princes may have an Exclusive Property in the same 1. 5. 11 It is a common High-way and such as are born on the same not Aliens 1. 5. 13 Princes may have an exclusive property in the same 1. 5. 2 Subject to protection and to be divided amongst men 1. 5. 4 5 Sea inseparably appendant to the Kingdom of England 1. 5. 13 Not without protection 1. 5. 6 The British Sea the Dominion vindicated by King Edgar and others 1. 5. 7 British Sea is the 4. Seas 1. 5. 18 Kings of England have istum Regimen exclusivè of the Kings of France 1. 5. 11 The importanee of the same to the Crown of England 1. 5. 14 The British Sea ever belonged to the Empire of this Isle 1. 15. 2 The Extent thereof and the King of England's Right on the same how far agreed by the Dutch Treaty 1. 15. 3 Servitude or Slavery Brought in by the Lawes of Nationt 3. 1. 1 Those that continue in that state can have nothing of their own 3. 1. 2 Children are Slaves and the Reasons that fiâ—… introduced that Dominion 3. 1. 4 Refuge was granted by the Jewes to such 3. 1. 5 Slavery become obsolete in Christendome 3. 1. 6 Servitude in some respects may stand at this day 3. 1. 7 A Slave might be imprisoned at the will of his Lord 3. 1. 9 Sheriff May sell bona peritura of Shipwrackt Goods 2. 5. 8 Ships In necessity may take Goods from another by force of Arms 1. 4. 18 Ships gain'd by an Enemy in Battail and regain'd where the property is lost 1. 1. 7 Ships of Warr retaking a Prize from an Enemy restitution of the same where made ibid. Fire Ships not subject to Quarter 1. 14. 12 Ships where subject to an Embargo by the Laws of Enemies 1. 1. 11 Ships of Friends freighted with the Goods of Enemies 1. 1. 12 Ships taken by Letters of Marque ought to be carried infra presidia of that Prince or State by whose Subject the same were taken 1. 2. 19 Ships taken by a lawful Commission but the property not being changed by the Lawes of Nations the persons may be questioned Civiliter but not Criminaliter 1. 1. 4. Ships may be Pressed for Publique Service 1. 6. 1 4 Though the Vessels of another Prince in Amity be they private or publique 1. 6. 2 4 Ships Pressed ought not to be imployed but on publique occasions 1. 6. 3 The punishment of those that shall break the Arrest 1. 6. 4 Newly built ought to make one Voyage before the Owners can part 2. 1. 3 King of England's Ships are not to strike to any Ship whatsoever generally and when out of Courtesie they may 1. 15. 6 Are to Salute Castles and Ports of Strangers and how the same is regulated 1. 15. 7 The Commanders of them are not to Salute their Admiral or Commander in Chief after they have done it once 1. 15. 9 Second Rate Ships when they are to Salute Noble-men coming aboard 1. 15. 9 Their Duties in Salutations 1. 15. 9 10 11 Ship taken in pieces and rebuilt is another Ship but if ript up only to the Keel otherwise 2. 1. 6 Ship repaired with another mans Plank who are the Owners 2. 1. 7 By the Sale of the Ship with all her Apparel and Instruments thereto belonging the Ship Boat passes not 2. 1. 8 May be Mortgaged in time of necessity 2. 2. 14 The various way of Freighting them 2. 4. 1 Perishes the Freight vanishes 2. 4. 13 Ships Encountring each other how the damage is to be settled 2. 9. 7 Not having two Decks and 16 Guns are to pay one per-Cent over and above the Book of Rates 2. 13. 3 Burning any of his Majesties Ships the party to be punished with death 1. 14. The Kings Ships and their Provisions not to be imbezelled uâ—…r they by negligence or wilfulness destroyed 1. 14. 24 The French Ships are to pay 10 s. for every Passenger that shall passe in or out of this Kingdome 2. 13. 1 Societies They make but one Body and are to make but one single Entry of their Goods 2. 13. 13 Where their debt obliges each Member and where not 1. 2. 2 3 A Bill accepted by one binds not the rest though it may the party acceptor 2. 10. 19 Superiours not responsible to Inferiours by the Lawes of Nations 1. 4. 18 Spies Lawful by the Lawes of Nations how used if catch't 1. 14. 21 1. 13. 6 Ships in that Service not obliged to Fight 1. 13. 7 Spoyl Goods may be as well spoyled as taken 1. 1. 15 Spoliatico the difference between that and Legalis Captio 1. 1. 9 The Spoyl or Prize is to be equally divided as well to those Ships that are present as those that attaque and enter 1. 2. 10 States May execute the Judgments of each other 3. ult 8 But not in cases of Life or Honour 3. ult 9 Subjects Share in the Indignity offered to their Prince 1. 15. 16 Subsidy On what it issues out 2. 12. 8 How the same is governed upon Woollen Cloaths 2. 12. 11 Care WHen to be allowed and for what 2. 13. 14 Traytors It is lawful to make use of a Traytor but not to make one 1. 14. 20 Treason in an Alien is to be tryed by the course of the Common-Law and not per medietatem 3. 4. 5 Treason out of the Realm may be tryed within the Realm 3. 4. 7 Treason Is subject to be punished every where 1. 11. 2 They are to be delivered up 1. 11. 4 If Treason in killing an Ambassadour Creaties Of Truce for years settles a Peace and preserves the Honour of each party 1. 9. 3 Less subject to a Rupture then a Peace 1. 9. 4 Breaches of Truces how punishable 1. 9. 5 Tribute It is lawful to pay Tribute to Caesar what is meant by the same 1. 12. 2 Vide Customes Tiumphs Their Antiquity Use and Advantage 1. 14. 29 Trust. A Stock in a Company is a Trust and is governed accordingly 2. 11. 6 Tryals Tryal of Warr must be by the Records of Courts and not Juries 1. 1. 6 Tryals per medietatem their Antiquity 3. 4. 1 It matters not of what Tongue so the moyety are Aliens 3. 4. 3 If both parties are Aliens then all are to be Natural born Subjects ibid. May pray Venire facias as well after the awarding the Venire as before 3. 4. 4 Vacancy GIves a Right to plant 3. 5. 2 Civil vacancy what is meant by the same 3. 5. 3 Victuals Failing a Shipboard what every one hath a Shipboard may be brought forth 1. 1. 4 Voyage Voyage when the same begins 2. 7. 10 Trading Voyage but one Voyage 2. 4.
susceptione periculi But surely that must be upon a real venture Cl. Salmasius cap. 9. de modo usur fo 380. 188. 218. Trajectitia pecunia propter periculum creditoris quamdiu navigat navis infinit as usur as capere potest Upon which place Anianus observes Quia maris periculo committitur in quantas convenerit usur as hanc pecuniam dare Creditor potest Vide Novel Const. 106. 110. usura legitima ejus qui trajectitiam pecuniam trans mare vehendam saeneratur id est cum periculo suo centesima est In the East-India and in some other Companies Pindfold versus Northee Pasch. 27 Car. 2. in B. R. adjudged there on a Special Verdict Rott Almaign 3 Ed. 3. Rott Rott Claus. 29 Ed. 1. Extract Bruxelles Dors. claus an 16 Hen. 3. n. 20 Rott Claus 11 Ed. 2. 12 Ed. 3. Memb. 22. indors Rott Almaigne The Parliament having justly honourably and voluntarily humbly presented such and many more who are established on his Majestie according to their several limitations Claus. Anno 5 Ed 3. Original 17 Ed. 3. Rott 2. Vide the great Case in Mich. 4 Jac. in the Exchequer versus Bates Lane Rep. fo 22. Joseph locutus de Pompeio lib. 1. de Bello Jud. cap. 5. pag. 720. Sigon de Antiq Jure Civum Rom. lib. 2. Cap. 4. Luke 13. 2. Is. Causabon Exercit. 3. 37. Suton in Flav. Vesp. c. 1. Tertullian Printed 1609. de pudiâ—… Cap. 9. 1 Eliz. Dyer 165. 31 Ed. 1. num 44. intus a Repairing publick Walls b Bridges c Pavements * It is supposed it should be Sindoâ—…ibus of Lawn Cambrick or other fine Linnen Sir John Davies in the Case of Customes Vide the Stat. 12 Car. 2. of Tunnage and Poundage Vide in tit Prisage Directions on Tunnage Directions in Poundage Directions for the payment of the Subsidy upon Woollen Clothes or old Drapery Subsequent Impositions to the Act of Tunnage and Poundage and the Book of Rates 12 Car. 2. This Collected as the Tunnage and Poundage is directed 14 Car. 2. cap. 11. For preventing of Fraud 14 Car. 2. cap. 11. 14 Car. 22. 11. 18 Car. 2. cap. 5. 22 Car. 2. cap. 3. Per Act of Nav. 12 Car. cap. 18. Vide the Statutes and the particular Commodities enumerated there Rule Rule Vide the Table of Strangers Duties upon Wines 14 Car. 2. Vide Table of French Wines Act of Navigation 12 Car. 2. cap. 18. Act of Trade 15 Car. 2. cap. 7. Vide Stat. and the particulars enumerated Rule 12 Car. 23 24. 22 Car. 2. 4. 15 Car. 2. cap. 11. Act for Trade 15 Car. 2. cap. 7. Act for Tillage 22 Car. 2. cap. 3. 22 23 Car 2. 20 Car. 2. 5. 20 Car. 2. 5. Act for Trade 15 Car. 2. 7. Proclam Car. Regis 20 Dec. 1662. 26 Aug. 1663. But see 14 Car. 2. concerning Customes * Sir Francis Moore 's Report 224. Lord Cobham's Case The like not long since adjudged in the Common-Pleas on a Special Verdict found at St. Edmonds-Bury in Suffolk about Mich. 25 or Hill 25 26 Car. 2. Virtute cujusdam Ordin à Dom. Com. Sabbati 17 Maij 14 Car. 2. Regis Tare and Tret the first is the weight of the Cask or Bale or Covering wherein goods are packed the other is a consideration allowed in the weight for emptying and reselling the Goods 22 H. 8. cap. 8. Per Order in K. Charles the First subscribed by William Lord Bishop of London H Earl of Manchester Lord C. J. Brampston and Lord Littleton Portus qua publicus non solum mercibus exonerandis inservit sed ut naves ibi tutum receptaculum habeant jure debito ac securitate fruantur Navigantes quatenus innocuum iter et stationem quaerunt Hinc Portus Navalia Privilegio pacis publicae guadent arg 1. Leg. 1. §. stationem D. de flum Cap. 2. jur Nautic Sued C. 1. §. 1. 4 H. 4. 20. 〈◊〉 Portus est conclusus locus quo importantur merces exportantur l. 59. de verb. Sign Alias statio quod ibi tuto naves stare possint leg 1. §. 13. D. de flum Ad Portus instaurationem quia publicae utilitatis gratia fit omnes subditi loci conferre oper as debent l. 7. C. de oper pub Portus intuitu fluminis quo ambitur vectigalis quod ex Navium statione penditur est publicus hodie Regalibus accensitur §. 2. Inst. de rer dio l. 4. §. D. de eod c. un quae sunt Rega * Some Stairs on the West side thereof is declared not to be a place for shiping or ladding of Goods †Excluding the Stairs there which are declared no lawful place for shiping or landing of Goods or Merchandize * The Stairs there declared unlawful for shipping or landing Goods or Merchandize †The Staires there declared no lawful place for shipping and landing of Goods and Merchandizes * The Staires on the East declared unlawful for shipping or landing of any Goods c. One other place betwixt Cocks Key and Fresh Wharfe called part of Fresh Wharfe the Staires are declared to be unlawful for shipping or landing of any Goods c. Vide Cap. 14. what are lawful places of landing Coke 12 part fo 17 18. Fogassaes case Plowden Com. fo 9. 14 H. 7. 12 Car. 2. Cap. 32. 14 Car. 2. Cap. 18. Boyce versus Cole sen. Cole jun. Hill 27 Car. 2. in B. R. There is a Book at the Custome-House in which there is a general value set on all Goods amongst which Tobacco is there valued Nor can such Merchants Stranger land their Goods before they have agreed for the Customes notwithstanding Charta Mercatoria †Vide Lib. 3. Chap. 14. §. 10. Note That all these severall allowances are not by Act of Parliament but purely his Majesties gratious and voluntary gift and benignity towards the encourageing the Merchants and Trade 27 Ed. 3. Cap. 13. 12 Car. 2. Cap. 4. 14 Car. 2. Cap. 11. †Per Letters Patents bearing Date 24. of Feb. 27 Car. 2. * De Offic. 1. †De Benef. 4. Symps. 7. Leg. quaedaâ—… D. de rer divis Bald. 3. cons. 293. * Lib. 1. Cap. 1. †§. 3. 4. Serv. ad 7. Aen. littusque 〈◊〉 innocuum cujus vindicatio ait Nulli possit nocere Plutarch relates That Cymon going to ayd the Lacedemonians led his Army thorough Corinth being reprehended by the Corinthians for not asking leave of the City Nam et qui fores alienas pulsâ—…t non intrare nisi domini permissu ac vos inquit Cleoneorum Megarensium fores non pulsastis sed perfregistis consentes omnia patere dâ—…bere plus valentibus However Passage is and must be requested But in lieu of that the striking of the Flagg and lowring the Topsail is in token of that Right due to His Majestie in the Brittish Seas Vide Lib. 1. Chap. 4. Vide Mr. Selden Mare Clausum †That is by the Lawes of Nature but the Lawes