Grand-father and if the Father dyes in the life of the Grand-father the Grand-child though born after the denization doth not remove neither the personal nor consequential impediments or incapacity of the Father In collateral descents the Father a natural born Subject has issue two Sons Aliens who are both made Denizons and dyes without issue the other shall not inherite him A. an Alien marries an English woman who is seized of Lands and has issue the Father and Mother dyes yet the issue may inherite the Mother non obstante the incapacity of the Father being an Alien VII The Statute de Natis ultra Mare declares the issue born of an English-man upon an English-woman shall be a Denizon yet the construction has been though an English Merchant marry a Forraigner and has issue by her born beyond the Seas that issue is a natural born Subject But if an English-woman go beyond the Sea and there marry an Alien and have issue born beyond the Sea that issue are Aliens If an English-woman marries an Alien beyond the Seas and than comes into England and has issue they are not Aliens but may inherit My Lord Cook in his Commentaries on Littleton seems to be of opinion that if an Alien has issue two Sons born in England one dying without issue the other shall not inherit him But the Law is otherwise taken at this day as I conceive the reasons that have been given are I. Though the descent from one Brother to another Brother be a collateral descent yet it is an immediate descent and consequently if no disability or impediment can be found in them no impediment in another Ancestor will hinder the descent between them That this is an immediate descent appears First In point of pleading one Brother shall derive himself as Heir to another without mentioning any other Ancestor Secondly According to the computation of degrees Brother and Brother make but one degree and the Brother is distant from his Brother or Sister in the first degree of consanguinity and no more by the Laws of England According to the Civil Law Brother and Brother make but one degree for the Brother is in the second degree from the Brother yet both make but one degree According to the Canon Law Frater Frater or Frater Soror sunt in primo gradu And therefore the Laws prohibiting marriage between Kindred in the fourth degree takes Brother and Sister to be the first degree of the four The Laws of England in computation of the degrees of consanguinity agrees with the Canon Law and reckons the Brother and Brother to be the first degree Herewith agrees the Customs of Normandy which though in some cases differs from the Laws of England yet herein and in divers other particulars touching descents they agree Another evidence to prove that the descent between Brother is immediate is this viz. the descent between Brothers differs from all other collateral descents whatsoever for in other descents collateral the half blood does inherit but in a descent between Brother the half blood does impede the descent which argues that the descent is immediate The Uncle of the part of the Father has no more of the blood of the Mother than the Brother by the second venter the Brother by the second venter has the immediate blood of the Father with the Uncle viz. the Fathers Brother has not but only as they meet in the Grand father the Brother of the half blood is nearer of blood then the Uncle and therefore shall be preferred in Administration It is apparent that if in the line between Brother and Brother the Law takes notice how the Father was the medium thereof the Brother of the second venter should rather succeed the other Brother because he is Heir to the Father therefore in a descent between Brothers the Law respects only the immediate relation of the Brothers as Brothers and not in respect of the Father though it is true the foundation of their consanguinity is in their Father or Mother Again if the Father in case of a descent between Brothers were such an Ancestor as the Law lookt upon as the medium that derives the descent from the one Brother to the other then the Attainder of the Father would hinder the descent between the Brothers But the Attainder of the Father does not hinder the descent between the Brothers the reason is because the Father is not such a medium or nexus that is look'd upon by the Law as the means deriving such a descent between the two Brothers As for instance of three cases two whereof evince the first preposition viz. That although the descent from one Brother to another Brother though it be a Collateral descent yet is an immediate descent and that if no disability or impediment arises in them no impediment in another Ancestor will hinder them The younger Brother has issue and is attainted of Treason and dyes the elder Brother has title to a petition of right dyes sans issue without a restitution the younger Brothers Son has lost that title for though the title were in the Ancestor that was not attaint yet his Father that is the medium whereby he must convey that title was attaint and so the descent was obstructed Henry Courtney had issue Edward and was attainted of Treason and dyed Edward purchased Lands and dyed without issue the Sisters and Heirs of Henry were disabled to inherit Edward yet neither Edward nor his Aunts were attainted or their blood corrupted yet because Henry was the medium through whom the Aunts must derive their pedigree and consanguinity to Edward who was attainted the descent was obstructed till a restitution in blood But if the Grand-father of Edward had been attainted and not Henry this would not have hindred the descent from Edward to the Aunts because that Attainder had been paramount that consanguinity which was between Henry and his Sister and that is proved by this third case William Hobby had issue Phillip and Mary and was attainted of Treason and dyed Phillip purchases Lands and dyed without issue it was adjudged in that case that non obstante the Attainder of William Hobby Mary should inherit because the descent and pedigree between Phillip and Mary was immediate and the Law regards not the disability of the Father If the Heir of the part of the Father be attaint the Land shall escheat and shall never descend to the Heir of the part of the Mother but if the Son purchase Lands and has no kindred of the part of the Father but an Alien it shall descend to the Heirs of the part of the Mother IX Those that are born sub side legiantia obedientia Domini Reges are not Aliens and therefore those that were born in Gascoyne Normandy Acquitaine Turnay Callice Guyan whilst they were under the Dominion of the Kings of England were natural born Subjects and
an Action as a Feme sole 4. He shall forfeit those Lands which he shall purchase in the Realm during his Banishment for he during his Banishment is as much disabled to purchase as an Alien for fit alienigena by his Banishment and he is observed to be in a worse Condition than an Alien for he is marked with Indignatio principis 'T is true he cannot forfeit neither Title of Honour nor Knighthood nor the Lands he had before Exile unless there be special Sentence or Judgment as that of the Spencers If the Father be in Exile this hinders not the Freedom of the Son for the same is not a thing descendable for should it be so then the Banishmens of the Father would make a Forfeiture of the Freedom but the Son has this Freedom by his own Birth as a Purchase and not by the death of his Father by descent Like the Case where J. S. hath many Children and then he confesseth himself a Villain to J. D. in Court of Record yet his Children formerly Born are Free-men and no Villains the Reason is because they were Free by their own Births but the Inheritance is Inthralled because it is to come to the Heir by descent XI A Free-man of a City or Burrough may be made divers ways as my Lord Cooke observes 1. By Service 2. By Birth by being the Son of a Free-man 3. By Purchase or Redemption At Bristol by Marriage Sir John Davies in his Irish Reports observes the same for Law St. Paul was born at Tarsus in Cicilia which was under the obedience of the Romans by vertue of which he challenged the priviledge of a Roman Citizen but it was accounted no more than a National Freedom like that of Calvin who claimed the general Freedom of an English-man being born in Scotland but under the obedience of the King of England but that Challenge made not St. Paul Free of the Private Customs Priviledges and Franchises of Rome no more than Calvins Birth made him a Free Citizen of London to the particular Customs of that City The King by his Letters Patents cannot make one a Free-man of London yet he may thereby make him a Free-man of his Kingdom If one be Born in a City of Parents that are not Free the Child hereby is no Citizen by Birth and if one be born of Free Parents out of the place of Priviledges as London c. he yet is a Free-man by Birth yet in the Charter Granted to Yarmouth the words were concessimus Burgensibus de magna Yarmutha de Villa praedict ' Oriundis that they should have such and such Liberties So that Special words may alter the Case London had many Royal Franchises granted them from time to time and were often by former Kings successively confirmed nor wanted they a share when the great Charter was granted to have their ancient liberties secured nor were the succeeding Princes slack in their Royal grants and confirmations but especially Richard the Second who in Parliament granted and confirmed to them all their ancient customes and liberties with this clause Licet usi non fuerint vel abusi fuerint and notwithstanding any Statute to the contrary amongst the number of their many Priviledges the freedom of the same was accounted of no small importance since in divers Parliaments it was very much aimed at and endeavoured to be impaired but at last they obtained a most gracious and Royal Confirmation in Parliament of their ancient liberties amongst which it is declared that no Merchant being a Stranger to the Liberty of the said City should sell any Commodities within the Liberty of the said City to other Merchant-Strangers nor that such Merchant-Stranger should buy of anyother Merchant-Stranger such Merchandize within the Liberty of the said City without forfeiture thereof saving that any Person Lord Knight c. may buy within the Liberties of any Merchant-Stranger Merchandizes in gross for their own use so that they do not sell them again to any other And as this City by Custom may pre-clude any Person not being free of the same to sell in such manner upon such pain so any other City which are Burroughs or Cities by prescription within this Realm may have the like Custom and the goods sould or bought by such may be subjected to forfeiture but the same cannot be good by Charter or Grant A compleat Free-man is such a one as hath challenged his freedom and taken the Free-mans Oath and is admitted into the Society and Fellowship of the Free-men Citizens and Burgesses otherwise he hath but a bare right to his freedom CHAP. II. Of Aliens as in relation to their Estates real and personal I. Of an Alien his ability and disability in the taking and enjoying of Estates real and personal II. Of his capacity in purchasing and disability to transfer by an hereditary descent III. Of the rules of descents according to the Laws of several Countreys IV. Of descents according to the rules of the Common Law of England lineal and collateral V. Of Impediments in one that is not the medius antecessor VI. Of Impediments in one that is the medius antecessor lineal and collateral VII Of the Statute of Natis ultra Mare and of issues born beyond the Seas VIII The Lord Cokes opinion that if an Allien has issue two Sons Denizons the one purchases Lands and dyes the other cannot inherit them debated and refuted IX Of Foreign births which do not create a disability X. Of Aliens not disabled by Law to bring either real or personal actions XI Of Office that must entitle the King to an Aliens Estate XII Of some particular immunities and other matters relating to an Alien AN Alien is one born in a strange Countrey under the obedience of a strange Prince and State and out of the legeance of the King of England and can have no real or personal action for or concerning Lands and therefore if he purchase Lands Tenements and Hereditaments to him and his Heirs albeit he can have no Heir yet he is of capacity to take a fee-simple but not to hold for the King upon Office found shall have it by his Prerogative So it is if he purchase Lands and dyes the Law doth cast the free-hold and inheritance upon the King But if he purchase or take a Lease for years of a House or Ware-house which is for the accommodating him as a Merchant-stranger whose Prince or State is in League with ours there he may hold the same for that the same is incident to Commerce And in that case if he departs and relinquishes the Realm the King shall have the same so it is if he be no Merchant The like Law is if he takes a Lease of Meadows Lands Woods or Pastures the King shall have the same for the Law provides him nothing but a habitation to Trade and traffique in as a Merchant II. Though he may take
by purchase by his own Contract that which he cannot retain against the King yet the Law will not enable him by an Act of its own to transfer by hereditary descent the Alien dying his issue a Denizon born the Land will not descend or to take by an Act in Law for the Law Quae nihil facit frustra will not give him an inheritance or free-hold by an Act in Law for he cannot keep it Therefore the Law will not give him 1. By discent 2. By courtesey 3. By Dower 4. By Guardianship And in respect of that incapacity he ressembles a Person Attaint but with this difference The Law looks upon a Person attaint as one that it takes notice of and therefore the eldest Son attainted over-living the Father though he shall not take by descent in respect of his disability yet he shall hinder the descent to the younger But if the eldest Son be an Alien the Law takes no notice of him and therefore as he shall not take by descent so he shall not impede the descent to the yonger Brother As for instance if there be three Brothers the eldest an Alien the other two naturalized and the middle Brother purchase and dyes without issue the younger Brother shall have the Lands III. Concerning the Rules of descents we are not to govern our selves therein by the general notions of love or proximity of nature but by the municipal Ltws of the Countrey wherein the question ariseth for the various Laws of divers Countreys have variously disposed the manner of descents even in the same line and degree of proximity For instance the Father certainly is as near of kin to the Son as the Son is to the Father and is nearer in proximity than a Brother and therefore shall he preferred as next of kin in administration to the Sons Estate According to the Jews for want of issue of the Son the Father succeeds excluding the Brothers and that hath been the use and construction of the Jewish Doctors upon numb 27. 9. but the Mother was wholly excluded 2. According to the provision of the Greeks for the succession or exclusion of the Father is left doubtful 3. By the Roman or Civil Law according to the estimation of the twelve Tables the Father succeeded in the purchase of the Son for want of issue of the Son under the title proximit agnato and so was the use but my Lord Cook supposes the contrary But taking the whole Institution of Justinian the Son dying without issue his Brothers Sisters Father or Mother do succeed him as well to Land as goods in a kind of Copercenary 4. According to the Laws of Normandy which in some things have a cognition with our Law his Brothers are preferred before the Father if the Son dye issueless but his Father before his Uncle 5. According to the Laws of England the Son dying sans issue or Brothers or Sisters the Father cannot succeed but it descends to the Uncle IV. There be two kinds of descents according to the Common Laws of this Realm 1. Lineal from the Father or Grand-father to Son or Grand-son 2. Collateral or transversed as from Brother to Sister Uncle to Nephew and e converso And both these again of two sorts 1. Immediate as in lineals from Father to Son 2. Mediate as in lineals from Grand-father to Grand-child where the Father dying in the life time of the Grand-father is the medium differens of the descent Collateral as in lineal from Uncle to Nephew or e converso And this meditae descent or meditate Ancestor though to many purposes it be immediate for the Father dying in the life of the Grand-father the Son succeeds in point of descent in the Lands immediately to the Grand-father and in a writ of Entry shall be supposed to be in by the Grand-father and not in the post cui This is called a mediate descent because the Father is the medium through whom the Son derives his title to the Grand-father In immediate descents there can be no impediment but what arises in the parties themselves For instance the Father seized of Lands the impediment that hinders the descent must be in the Father or Son as if either of them attaint or an Alien In mediate descents a disability of being an Alien or Attaint in him that is called the medius antecessor will disable a Person to take by descent though he himself have no such disability In lineal descents if the Father be Attaint or an Alien and hath issue a Denizon born and dye in the life time of the Grand-father the Grand-father dyes seized the Son shall not take but the Land shall escheat In Collateral descents A. and B. brothers A. is an Alien or attaint has issue C. a Denizon born B. purchases Lands and dyes without issue C. shall not inherit because A. which was the medius antecessor or medium differens is uncapable V. But in any descents the impediment in an Ancestor that is not medius antecessor from whom and to whom will not impede the discent As for instance the Grand-father and Grand-mother both Aliens or attaint of Treason have issue the Father a Denizon who hath issue the Son a natural born subject the Father purchases Lands and dyes the Son shall be Heir to the Father notwithstanding the disability of the Grand-father and yet all the blood which the Father hath is derived from his disabled Parents for they are not medii antecessores between the Father and the Son but paramont The Law does not hinder but that an Alien is of the same degree and relation of consanguinity as natural born Subjects or Denizons born the Son Father and Brother though Aliens the Son Father and Brother our Law takes notice of as well as natural born Subjects and so it was adjudged for he shall be preferred in Administration though an Alien as next of Kin. But in cases of Inheritance the Law takes no notice of him and therefore as he shall not take by descent so he shall not impede the descent to the younger Brother As for instance A an Alien B. and C. naturalized by Act of Parliament brothers B. purchases Lands and dyes sine prole C. shall inherit and not A. A. an Alien B. and C. his Brothers both naturalized by Act of Parliament B. purchases Lands and dâ—…es wâ—…th out issue the same shall not come to A nor to his issue though a Denizon but shall come to C. and his issue the Law taking no notice of A. as to impede the succession of C. or his issue though it work a consequential disability to bar the issue of A. parallel to what the Law calls corruption of blood which is a consequent of Attainder VI. Again in lineal descents if there be a Grandfather natural born Subject Father an Alien Son natural born subject the Father is made Denizon he shall not inherit the
yet it does not wholly remove the disease or non-ability as to the points of descent or hereditary transmission and resembles a Person in case of an Attainder and therefore if he purchases Lands and dyes without issue the Lord by Escheat shall have the Lands And therefore in lineal descents if there be a Grand-father natural born Subject Father an Alien Son natural Subject the Father is made Denizon he shall not inherit the Grand-father and if the Father dyes in the life of the Grand-father the Grand-child though born after the Denization shall not inherit the Grand-father for the Denization does not remove neither the personal nor the consequential impediment or incapacity of the Father So likewise in Collateral descents As for instance the Father a Natural born Subject has issue two Sons Aliens who are both made Denizens and one dyes the other shall not inherit him XII The like Law in Dower a Man seized of Lands in Fee and takes an Alien to Wife and then dyes the Wife shall not be endowed But if the King takes an Alien to Wife and dyes his Widdow Queen shall be endowed by the Law of the Crown Edmund Brother of King Edward the I. married the Queen of Navarre and dyed and it was resolved by all the Judges that she should be endowed of the third part of all the Lands whereof her Husband was seized in Fee A Jew born in England takes to Wife a Jew born also in England the Husband is converted to the Christian Faith purchaseth Lands and enfeoffeth another and dyeth the Wife brought a Writ of Dower and was barred of her Dower Quia vero contra justitiam est quod ipsa dotem petat vel habeat de temento quod fuit viri sui ex quo in conversione sua noluit cum eo adhaerere cum eo convert If an Alien be a Disseisor and obtains Letters of Denization and then the Disseisor release unto him the King shall not have the Land for the release hath altered the Estate and it is as it were a new purchase otherwise it is as if the Alien had been the feo ffee of the Deseissee And though Aliens are enabled by Charter of Denization to a transmission Hereditary to their posterity of Lands yet a Denizon is not capable of Honour nor a transmission of the same without Naturalization by Parliament for by the Charter of Denization he is made quasi seu tanquam ligens but to be a Member of Parliament he must be ligens revera non quasi for by his becoming a Noble-man he claims the place of Judicature in Parliament the which he cannot till naturalized by Act of Parliament and then he may claim as eligible to the same or any other CHAP. IV. Of Aliens and Crials per meditatem where allowed and where not I. Of the manner of Aliens obtaining Trials per medietatem at the Common-Law and of the Antiquity of the same II. Of the making the same a Law universal within this Realm as to some Persons afterwards general as to all III. Of the Writ and some Observations on the summons of such an Inquest IV. Of the opportunity lost or gained by praying this immunity V. Of the awarding of Tales upon request on such Enquiries VI. Where this immunity does not extend in Aliens and where it does in matters Civil and Criminal VII Of the validity of a witness Alien and of an Infidel VIII The tittle of a Renegadoe IX Of the benefit of the Kings Pardon whether it extends to an Alien whose abode is here but happens to be absent at the time of the promulging I. TRiatio Bilinguis or per medietatem linguae by the Common-Law was wont to be obtained by Grant of the King made to any Company of Strangers as to the Society of Lumbards or Almaignes or to any other Corporation or Company when any of them were impleaded the moyety of the Enquest should be of their own Tongue this Trial per medietatem in England is of great Antiquity for in some cases Trials per medietatem was before the Conquest Viri duodeni Jure Consulti sex Walliae totidem Anglis Wallis jus dicanto and as the Commentator observes it was called duodecem Virale Judicium II. This immunity afterwards being found commodious to us Islanders became universal for by the Statute of 27. E. 3. cap. 8. It was enacted that in Pleas before the Major of the Staple if both Parties were Strangers the Trial should be by Strangers but if one Party was a Stranger and the other a Denizon then the Trial should be per medietatem Linguae But this Statute extended but to a narrow compass viz. Only where both Parties were Merchants or Ministers of the Staple and Pleas before the Major of the Staple But afterwards in the 28th Year of the same Kings Reign it was enacted That all manner of Enquests which was to be taken or made amongst Aliens and Denizons be they Merchants or others as well before the Maior of the Staple as before any other Justices or Ministers Although the King be party the one half of the Enquest or proof shall be Denizens the other half Aliens if so many Aliens and Forreigners be in the Town or Place where such Enquest or proof is to be taken that be not Parties nor with the Parties in Contract in Plea or other quarrel whereof such Enquest or proof ought to be taken and if there be not so many Aliens then shall there be put in such Enquests or proofs as many Aliens as shall be found in the same Town or Places which be not thereto Parties as aforesaid is said and the remnant of Denizens which be good men and not suspicious to the one Party or other By which Statute the same Custom or immunity was made a Law universal although it be in the Case of the King for the Alien shall have his Trial per medietatem It matters not whether the moyety of Aliens be of the same Country as the Alien party to the action is for he may be a Dutch-man and they Spaniards French Walloons c. because the Statute speaks generally of Aliens III. The Form of the Venire facias in this case is De Nicenet c. quorum una medietas fit de Indigenis altera medietas fit de aliegenis natis c. And the Sheriff ought to return twelve Aliens and twelve Denizâ—…ns one by the other with Addition which of them are Aliens and so they are to be sworn but if this Order be not observed it is holpen as a misreturn It has been conceived of some that it is not proper to call it a Trial per medietatem Linguae because any Alien of any Tongue may serve but that surely is no Objection for People are distinguished by their Language and medietas Linguae is as much as to say half English and half of another
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