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A92896 A narrative of the proceedings of the Committee for preservation of the Customes, in the case of Mr George Cony merchant. By Samuel Selvvood Gent. Selwood, Samuel.; England and Wales. Committee for Preservation of the Customes. 1655 (1655) Wing S2489; Thomason E844_4; ESTC R203533 21,721 43

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moved for an Alias with a Pain of forty pounds returnable the last day of Hilla●y Term which was the twelfth of February last But before the return of Alias and after the Teste of the said First writ the Gentlemen of the Committee having it seems discovered the imperfections of their former Warrants do sign and seal a new Warrant which was returned with the other two warrants as the cause of the Plaintiffs detainder a copy of which Warrant followes in these words At the Committee for preservation of the Customes WHereas by a certain ordinance of his Highnesse Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereto belonging with the consent of his Councell bearing date the nine twentieth day of December 1653. It is ordained that Sir William Roberts Knight John Stone Gervas Bennet John Hildesly Richard Lucy Edward Clud Thomas Wood Anthony Rouse James Philips and Nathaniel Barton Esquires be a Committee for preservation of the Customes and that they or any three of them shall have power and thereby have power and are authorized to take cognizance of all causes and persons which should be transmitted unto them by the Commissioners for the Customes in the custody of their messengers who were thereby impowred and required to transmit accordingly and further to receive all such examinations and charges as should be taken by the said Commissioners or their Deputies authorized under their hands and seals and should be transmitted by the said Commissioners to the said Committee for or concerning any fraud force guile or mis-behaviour by them or any of them committed touching the Customes or relating to the affaires thereof And the said Committee were thereby authorized impowred upon hearing the said charge and examinations taken as aforesaid or such proofs as should be made before them to punish all such persons offending by fine not exceeding double the value of the goods in question or by imprisonment and if any person or persons by them fined should refuse payment of the said fine to the Commissioners for the Customes for the use of the Commonwealth to imprison every person so refusing untill such fine or fines be paid accordingly as by the same ordinance more fully appeareth And whereas afterwards by another Ordinance made by the said Lord Protector with the advice and consent of his Council bearing date the second day of September 1654. It is ordered that the above named Sir VVilliam Roberts John Stone and Gervas Bennet and Adam Baines and John Bocket Esquires be a Committee for the preservation of the Customes and they or any three or more of them are thereby authorized and required to put in execution the severall powers given to the late Committee for preservation of the Customes by his Highnesse and Council and also put in execution the same powers relating to the Customes as the Commissioners for Appeals were inabled to do by an Ordinance of the 27 of March last in relation to the Excise any Act Ordinance or Order to the contrary notwithstanding as by the same last recited Ordinance continuing still in force more at large appeareth And whereas George Cony the elder afterwards that is to say the fourth day of November 1654. did import and bring from parts beyond the seas unto the Port of London by way of Merchandize in a certain ship or vessel severall quantities of wrought silk to the value of one thousand pounds and did unlade take and carry away the said goods and merchandizes without payment of Custome for the said goods and merchandizes and without composition or agreement made for the same Custome contrary to the form and effect of the Acts and Ordinances in that behalf made and provided did assault abuse affront Theophilus Calcoke Richard Bartlet then yet Deputies lawfully constituted of the said Commissioners of the customs in the execution of their place and office whilst they were searching according to the power to them in that behalf lawfully given in the day time for the said goods and merchandizes so imported and carryed away by the said George Cony as aforesaid to the great prejudice of this Commonwealth and contrary to the Acts and Ordinances aforesaid of which said fraud affront force and mis-behaviour by the said George Cony committed as aforesaid information was then forthwith given to Edmond Harvey Robert Tichborn Mark Hildesly and Daniel Taylor who then at the aforesaid time of making of the severall Ordinances aforesaid were and yet re Commissioners for the Customes And the said Commissioners after due proof made before them that the said George Cony the aforesaid fourth day of November 1654. had imported and brought from parts beyond the seas into the port of London by way of merchandize in a certain ship or vessel the aforesaid quantities of wrought silk to the value of one thousand pounds and had unladen taken and carried away the said goods and merchandizes as aforesaid without payment of custome for the said goods and merchandizes and without composition or agreement for the same custome contrary to the form and effect of the Acts and Ordinances in that behalf made and provided as aforesaid and assaulted abused and affronted the said Theophilus Calcoke and Richard Bartlet in the execution of their place and office whilst they were searching in the day time for the said goods and merchandizes imported and carried away by the said George Cony as aforesaid to the great prejudice of this Common-wealth and contrary to the Acts and Ordinances asoresaid and after due proof thereof made by the testimony of severall witnesses upon oath made before the same Commissioners who then had lawfull power to administer an oath in that behalf they the said Cmmissioners afterwards that is to say the sixth day of the same moneth of November did transmit the said George Cony in the custody of Thomas Landsey then and yet Messenger to the same Commisoners together with such examinations relating to the aforesaid misdemeanours of the said George Cony as were taken by the same Commissioners as aforesaid unto this Committee And thereupon afterwards that is to say the sixteenth day of the same month of Nouember 1654. The said George Cony appeared before this Committee and was fully heard touching the premises and after due consideration then had and taken by this Committee of the said Charge examinations and proofs it sufficiently appeared to this Committee and this Committee did then finde that the said George Cony the aforesaid fourth day of November 1654. had imported and brought from parts beyond the seas into the port of London by way of merchandise in a certain ship or vessell the aforesaid quantities of wrought silk to the value of one thousand pounds and had unladen taken and carryed away the said goods and merchandises as aforesaid without payment of Custome for the said goods and merchandizes and without composition or agreement for the same Custome contrary to the