Right of His Majesty and His Royal Predecessors Kings and Quéens of England and that both or either of the Houses of Parliament cannot nor ought to pretend to the same nor can nor lawfully may raise or levy any War Offensive or Defensive against His Majesty His Heirs or lawfull Successors and yet the contrary thereof hath of late years béen practised almost to the ruine and destruction of this Kingdom and during the late usurped Governments many evil and rebellious principles have béen instilled into the minds of the people of this Kingdom which may break forth unless prevented to the disturbance of the peace and quiet thereof His Majesty may issue out Commissions of Lieutenancy to such persons as he shall think fit for the several counties cities c. The power of the said Lieutenants 25 Car. 2. cap. 4. Stat. 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament Assembled and by the Authority of the same That the Kings most Excellent Majesty his Heirs and Successors shall and may from time to time as occasion shall require issue forth several Commissions of Lieutenancy to such persons as his Majesty his Heirs and Successors shall think fit to be his Majesties Lieutenants for the several and respective Counties Cities and places of England and Dominion of Wales and Town of Berwick upon Tweed which Lieutenants shall have full power and authority to call together all such persons at such times and to arm and aray them in such manner as is hereafter expressed and declared and to form them into Companies Troops and Regiments and in case of Insurrection Rebellion or Invasion them to lead conduct and imploy or cause to be led conducted and imployed as well within the said several Counties Cities and places for which they shall be Commissionated respectively as also into any other the Counties and Places aforesaid for suppressing of all such Insurrections and Rebellions and repelling of Invasions as may happen to be according as they shall from time to time receive directions from His Majesty His Heirs and Successors And that the said respective Lieutenants shall have full Power and Authority from time to time to constitute appoint and give Commissions to such persons as they shall think fit to be Colonels Majors Captains The deputy-Deputy-Lieutenants to be named to and approved of by his Majesty and other Commission-Officers of the said persons so to be armed arrayed and weaponed and to present to His Majesty His Heirs and Successors the names of such person and persons as they shall think fit to be deputy-Deputy-Lieutenants and upon His Maiesties approbation of them shall give them Deputations accordingly always understood That His Maiesty His Heirs and Successors have power and authority to direct and order otherwise and accordingly at his and their pleasure may appoint and commissionate or displace such Officers Any thing in this Act to the contrary notwithstanding And that the said Lieutenants respectively and in their absence out of the Precincts and Limits of their respective Lieutenancies or otherwise by their directions the said Deputy-Lieutenants The power of the Deputy-Lieutenants during their said respective Deputations or any two or more of them shall have power from time to time to train exercise and put in readiness and also to lead and conduct the persons so to be armed arrayed and weaponed by the directions and to the intents and purposes as is hereafter expressed and declared And for the providing Horse and Arms and Furniture thereunto belonging for the Arming and Weaponing the persons aforesaid and also for the defraying and paying the necessary charges thereunto belonging in manner as hereafter followeth Be it further Enacted The manner of charging and providing Horse and Arms c. That the said respective Lieutenants within the several Counties Cities and Places for which they are nominated respectively and their Deputies or the major part of such Lieutenants and Deputy-Lieutenants then present or in the absence of the Lieutenant or Lieutenants the major part of the Deputy-Lieutenants then present which major part shall be thrée at the least have hereby full Power and Authority to charge any person with Horse Horse-man and Arms or with Foot-Souldier and Arms in the same County Shire City Burrough or Town-Corporate where his her or their Estates lye having respect unto and not excéeding the limitations and proportions hereafter mentioned that is to say No person shall be charged with finding a Horse Horse-man and Arms unless such person or persons have a Revenue of Five hundred pounds by the year in possession or have an Estate of Six thousand pounds in Goods or Money besides the Furniture of his or their Houses and so proportionably for a greater Estate in Lands in possession or Goods as the respective Lieutenants and their Deputies as aforesaid in their discretions shall sée cause and think reasonable And they are not to charge any person with finding a Foot-Souldier and Arms that hath not a yearly Revenue of Fifty pounds in possession or a personal Estate of Six hundred pounds in Goods or Moneys other then the stock upon the ground and after the aforesaid rate proportionably for a greater or lesser Revenue or Estate Nor shall they charge any person with the finding both of Horse and Foot in the same County Provided That no person chargeable by this Act to find an Horse and Horse-man with Arms No person charged with or towards an Horse may be charged also towards foot-arms or to be contributory towards finding an Horse and Horse-man with Arms shall for the same Estate be chargeable towards finding a Foot-Souldier with Arms or contributory thereunto And it shall be lawful to and for the respective Lieutenants and Deputies or any thrée or more of them as aforesaid to impose the finding and providing of Horse Horse-man and Arms as aforesaid by joyning two or thrée or more persons together in the Charge as to their Iudgment shall appear most conducible to the service of this Kingdome Provided That no person that hath not One hundred pounds per annum in possession in Lands What persons and Estate only chargeable towards finding Horse-arms Lieutenants and Deputies may hear and determine matters relating to this Act. Tenements or Hereditaments Lease-hold or Copy-hold or Twelve hundred pounds personal Estate shall be compellable to contribute in finding any Horse and Horse-man with Arms And the said respective Lieutenants and Deputies or any thrée or more of them shall have power to hear Complaints and examine Witnesses upon Oath which Oath they have hereby power to administer and to give redress according to the merits of the cause in matters relating to the execution of this Act. Be it further Enacted That the said Lieutenants and Deputies or any thrée or more of them in their several Counties and Places respectively shall
Provided also That no person or persons Indebted for any the Duties aforesaid shall thereby be priviledged as a Debtor or Debtors to His Majesty His Heirs or Successors No priviledg to sue in the Exchequer Nor assign a Debt to the King to sue any person or persons in the Court of Exchequer or to assign any Debt to His Majesty His Heirs or Successors towards satisfaction of the same 15 Car. 2. ca. 13. 16 Car. 2. ca. 3. CAP. XI Frauds and abuses in His Majesties Customs prevented and Regulated 12 Car. 2. cap. 19. FOrasmuch as it appears that several unlawful and indirect means and devices are daily put in practise to Export and Import Goods and merchandizes prohibited by the Laws and Statutes of this Kingdom as also to defraud the Kings most Excellent Majesty of His Dues Customs and Subsidies as well by secret and deceitful designs as by open force and violence used against the Kings Majesties Officers imployed in the Affairs of the Customs For the better preventing of which frauds and violences in time to come It is Enacted and Ordained by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and be it Enacted and Ordained by the Authority thereof That no Ship or Vessel arriving from the parts beyond the Seas Ships and Vessels arriving from beyond the Seas at Grave-end shall be above thrée days coming from Graves-end to the place of her discharge within the River of Thames without touching or staying at any Wharf Key or place adjoyning to either Shoar betwéen Graves-end and Chesters-Key unless apparently hindred by contrary Winds Draught of Water or other just impediment to be allowed by such person or persons as are or shall be appointed by His Majesty for managing the Customs the Collectors Inwards or other principal Officers of the Customs and then or before the Master or Purser for that voyage of such Ship or Vessel shall make a just and true Entry upon Oath of the Burthen Contents and Lading of every such Ship or Vessel True Entries of Lading to be made upon Oath with the particular Marks Numbers Qualities and Contents of every parcel of Goods therein Laden to the best of his knowledge also where and in what Port she took in her Lading of what Countrey built how manned who was Master during the Voyage and who are Owners thereof and in all Out-Ports or Members to come directly up to the place of Vnlading The Penalty as the condition of the Port requires and will admit and making Entries as aforesaid upon the penalty of the forfeiture of One hundred pounds And be it further Enacted by the Authority aforesaid That no Captain Master Purser or any other person or persons taking charge of any Ship or Vessel bound for the parts beyond the Seas The duty of Captains Master and others taking charge of Ships and Vessels bound for parts beyond the Seas or into the Kingdom of Scotland whether the same Ship or Vessel shall have Commission from or belong unto the Kings Majesty that now is His Heirs or Successors or shall belong to or have Commission from any forrein Prince or State or otherwise shall take in or suffer to be taken into or laden aboard any such Ship or Vessel any English Goods Wares or Merchandize to be Exported into the parts beyond the Seas or into the Kingdom of Scotland until such Captain Master Purser or other person as aforesaid shall have entered such Ship or Ships in the Book of the Commissioners To take in no English goods till Entry thereof be made at the Custom-house Customer or Collector and Comptroller Outwards of such Port where he shal Load or take in Goods together with the Name of such Captain or Master the Burden of such Ship or Vessel the Number of Guns and Ammunition she carries and to what Port or Place she intends to pass or Sail and before he or they shall depart with his or their Ship or Vessel out of such Port or Place shall bring and deliver unto the said person or persons which are or shall be appointed by His Majesty for managing the Customs the Customer or Collector and Comptroller of such Port or Place a Content in Writing under his or their Hands of the Names of every Merchant and other person or persons that shall have laden and put on Board any such Ship or Vessel any such Goods or Merchandize together with the Marks and Numbers of such Goods and Merchandize and shall likewise publickly in the open Custom-house upon his Corporal Oath to the best of his knowledge have answered to such question or questions as shall be demanded of him by the said person or persons which are or shal be appointed by His Majesty for managing the Customs the Customer or Collector and Comptroller or their Deputies concerning such Goods and Merchandize as shall be aboard such Ship or Vessel upon pain of Forfeiture of One hundred pounds Ships or Vessels of War bringing goods And that no such Captain Master Purser or other person or persons taking charge of any Ship or Vessel of War as aforesaid wherein any Goods Wares or Merchandizes shall have béen laden or brought from the Ports beyond the Seas or out of the Realm of Scotland shall unload or put on board any Lighter Boat or Bottom or lay on land or suffer to be discharged or put into any Lighter Boat or Bottom or to be laid on land out of any Ship or Vessel as aforesaid any Goods Wares or Merchandize whatsoever before such Captain Master Purser or other person taking charge of the Ship or Merchants Goods for that Voyage as aforesaid shall have signified and declared in writing under his or their Hands unto the person or persons which are or shall be appointed by his Majesty for managing the Customs the Customer or Collector and Comptroller Inwards of the Port where he arriveth the Names of every Merchant or Lader of any Goods or Merchandizes aboard the said Ship or Vessel together with the Number and Marks and the quantity and quality of every Parcel of Goods and Merchandizes to the best of his knowledg and shall have answered upon his or their Corporal Oath to such Questions concerning such Goods and Merchandizes as shall be publickly administred unto him in the open Custom-house by such person or persons which are or shall be appointed for Managing the Customs Customer or Collector and Comptroller or their Deputies and shall be liable to all Searches and other Rules which Merchants Ships are subject unto by the usage of his Majesties Custom-house victualling Bills and Entring excepted upon pain to forfeit One hundred pounds and upon refusal to make such Entries as aforesaid as well Outwards as Inwards the said person or persons which are or shall be appointed for managing the Customs and Officers of His Majesties Customs and their Deputies shall
charged upon those Commodities by or under the name of Subsidy or Poundage And in case of Exportation there shall be repaid and allowed to the English-man Exporter the sum of Thrée pounds Ten shillings per Tun and to the Alien Four pounds Fiftéen shillings per Tun to be repaid according to the Rules of the Book of Rates now established And whereas the Ingenious Industry of these times hath taught the Dyers of England the Art of fixing the Colours made of Logwood Logwood or Blockwood alias Blockwood so as that by experience they are found as lasting and serviceable as the Colours made with any other sort of Dying-wood whatsoever 23 El. cap. 9. And whereas by a Statute made in the thrée and twentieth year of the Reign of Quéen Elizabeth of famous Memory Entituled Logwood and Blockwood shall not be used in Dying of Cloth 39 El. cap. 11. c. And by another Statute made in the Nine and thirtieth year of the aforesaid Quéen Elizabeth Entituled The Penalty for mixing or using of Logwood in Dying Cloth or other Stuff all Logwood alias Blockwood that shall be found within this Kingdom shall be forfeited and openly burned with divers other Pains Penalties and Forfeitures upon such as shall use the same in Dying-Cloth or other Commodities as by the said several Acts aforesaid may and doth appear Be it further Enacted by the Authority aforesaid That the aforesaid Statutes and either of them be and are hereby Repealed and made void as to all Clauses Articles Provisions and Penalties in any wise relating to the prohibition or use of Logwood alias Blockwood And that from and after the first day of February One thousand six hundred sixty and one It shall and may be lawful to and for any person or persons freely to import into this Kingdom of England Dominion of Wales and Town and Port of Berwick upon Tweed any quantities of Logwood alias Blockwood and fréely to use the same in Dying or Colouring any sort of Goods or Manufacture whatsoever the aforesaid two Statutes or any other Law Statute Vsage Custom Patent of priviledge Proclamation or other Restraint Matter or Thing to the contrary thereof in any wise notwithstanding Imposition upon Logwood imported 12 Car. 2. cap. 18. Provided That such Importation be according to the Rules prescribed and enjoyned in the late Act Entituled An Act for encouraging and encreasing of Shipping and Navigation and paying a Subsidy to the Kings Majesty His Heirs and Successors for every Tun of the said Logwood alias Blockwood so to be Imported after the rate of Five pounds and after that rate for any greater or lesser quantity according to such Rules and under such Penalties as are provided for all other Imported Goods in a late Act Entituled An Act of Subsidy granted to the King of Tunnage and Poundage 12 Car. 2. ca. 4. and other Sums of Money payable upon Merchandize Exported and Imported Excepting onely that for all of the said Commodities Exported according to the Rules of the Book of Rates there shall be repaid to the Exporter the Sum of Four pounds per Tun the said Rate for Logwood alias Blockwood to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed And be it further Enacted That all Actions Suits and Informations to be had and commenced upon the Act For incouraging and increasing of Shipping and Navigation or any Clause or Article therein may be entred and prosecuted in his Majesties Court of Exchequer at Westminster That upon all such Suits and Informations to be brought upon the Act of Tunnage and Poundage and the Act aforesaid or any other Act or Statute concerning the Importation of Goods or Merchandize from the parts beyond the Seas Onus probandi of property of goods claimed to lie upon the Owner or Claimer if the property thereof be claimed by any person or persons as the Importer thereof in such case Onus Probandi shall lie upon the Owner or Claimer thereof Provided that in case the seizure or Information shall be made upon any Clause or Thing contained in the late Act Entituled An Act for the incouraging and increasing of Shipping and Navigation Commission and time to examine witnesses beyond the Sea that then the Defendant or Defendants shall on his or their request have a Commission out of the High Court of Chancery to examine Witnesses beyond the Seas and have a competent time allowed for the return thereof before any tryal shall be had upon the Case according to the distance of place where such Commission or Commissions are to be executed and that the Examination of Witnesses so returned shall be admitted for evidence in Law at the Tryal as if it had béen given Viva voce by the Examinate in Court Any Law Statute or Vsage to the contrary in any wise notwithstanding And be it also Enacted and Ordained by the Authority aforesaid In what cases Writs of delivery may be granted That no Writ of Delivery shall be granted out of the Court of Exchequer for Goods Seized but upon good Security and that for Goods perishable onely or in cases where the Informer shall deferor delay his coming to as spéedy a Tryal as the Course of that Court will permit and shall be thereby Ordered and Directed And be it further Enacted by the Authority aforesaid That one Moyety of all the Forfeitures before in this Act mentioned and appointed shall be to the Kings Majesty his Heirs and Successors and the other Moyety to such person or persons as shall Seize or Sue for the same by Bill Plaint or Information in his Majesties Court of Exchequer or any other his Majesties Courts of Record wherein no Essoin Protection or Wager of Law shall be allowed And be it further Enacted and Ordained That all Officers belonging to the Admiralty All Officers and persons to be aiding the Officers and persons for management of the Customs Captains and Commanders of Ships Forts Castles and Block-houses as also all Iustices of the Peace Mayors Sheriffs Bailiffs Constables and Headboroughs and all the Kings Majesties Officers Ministers and Subjects whatsoever whom it may concern shall be aiding and assisting to all and every person and persons which are or shall be appointed by his Majesty to manage his Customes and the Officers of his Majesties Customes and their Respective Deputies in the due Execution of all and every Act and Thing in and by this present Act required and enjoyned And all such who shall be aiding and assisting unto them in the due execution hereof shall be defended and saved harmless by vertue of this Act. And be it hereby also Enacted That all Deputies Clerks and Servants about the Customs to be sworn for their truth and faithfulness therein Clerks and Servants which now have any place or Office in or about the Customs and Subsidies by and under the Commissioners
of any of the Kings or Quéens of England for the time being for the carrying the Goods of his Majesty his Heirs or Successors or the said Quéens or children or any of them without such full and free consent as aforesaid Any Law Statute Custom or Vsage to the contrary notwithstanding Be it notwithstanding Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the Four and twentieth day of June in the year of our Lord How carriages shall be provided for his Majesties Navy and Ordnance One thousand six hundred sixty and two as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land within the Kingdom of England and Dominion of Wales and Town of Berwick upon Tweed upon notice given in writing by Warrant under the hand and seal of the Lord High Admiral of England for the time being or under the hands and seals of two or more of the principal Officers or Commissioners of his Majesties Navy or under the hand and seal of the Master of his Majesties Ordnance for the time being or under the hand and seal of the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Iustices of the Peace may and shall immediately issue forth their Warrants to such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve Miles distant from the place of lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord high Admiral of England for the time being or by the Master or Lieutenant of his Majesties Ordnance for the time being or by the principal Officers or Commissioners of his Majesties Navy respectively as abovesaid shall be by writing under their hands and seals required the Owners of which Carriages or their Servants The rates allowed for carriages shall receive for every Load of Timber per mile one shilling for every reputed mile which they shall go laden and for other Provisions the summe of eight pence per mile for every Tun they shall carry And be it further Enacted by the Authority aforesaid That it may and shall be lawful for the Lord High Admiral of England for the time being by Warrant under his hand and seal and also for the principal Officers and Commissioners of his Majesties Navy by Warrants under the hands and seals of any two or more of them as also for the Master of his Majesties Ordnance for the time being by Warrant under his hand and seal and also for the Lieutenant of his Majesties Ordnance by Warrants under the hands and seals of either of them as often as the service of his Majesties Navy or Ordnance respectively shall require any Carriage by Water Impressing of persons ships vessels for carriages to appoint such person or persons as they shall judge fitting to Impress and take up such Ships Hoys Lighters Boats or any other Vessel whatsoever as shall be necessary for the Accommodation of his Majesties said service the Owners of which said Ships Hoys Lighters Boats or other Water-Carriage aforesaid or such as they shall appoint shall receive for the hire of every such Ship Hoy Lighter Boat or other Vessel per Tun according to the Rates usually paid by Merchants from time to time And in case his Majesties Officers and the Owners of such Ships Hoys Lighters Boats or other Vessels shall not agree on the said rates then the rate to be setled by the Brotherhood of Trinity-house of Deptford-Strand And be it further Enacted by the Authority aforesaid Penalty upon such as neglect or refuse That in case any of his Majesties Subjects of this Realm shall refuse or wilfully neglect after reasonable notice to make their appearance with such sufficient carriages by Land or to fit provide and furnish their Ships Hoys Lighters Boats or other Vessels for the service of his Majesties Navy or Ordnance as is before expressed or shall after they have undertaken such service neglect or delay the same that then upon due proof and conviction of such refusal or neglect by the Oath of the Constable or other Officer or two other credible witnesses before the said Iustices of Peace of the County or Mayor or other chief Officer of the City or Corporation where he or they inhabit which Oath they shall have power to administer for the Land-Carriages and for the Water-Carriages by the Oath of such person as shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid or other two credible witnesses before the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively which Oath they shall have likewise power to administer the Party so refusing or neglecting shall for every such refusal or neglect forfeit the sum of Twenty shillings for the Land-carriage and for Carriage by Water treble the freight of such Ship or Vessel not excéeding Fifty pounds in the whole to the Kings Majesties use to be forthwith levied in default of payment upon demand by distress and sale of his Goods and Chattels by Warrant from the said Iustices of the Peace Mayor or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendring to the Parties the overplus upon every such Sale if there shall be any the charge of distraining being first deducted The time of continuance in the service Provided always that no Horses Oxen Cart Wayn or other Land-Carriage shall be enforced to Travail more days Iourney from the place where they receive their lading or be compelled to continue longer in the imployment then shall be appointed by the Order of the said Iustices of the Peace and that ready payment shall be made in hand for the said Carriages at the place of lading without delay Present payment to be made according to the aforesaid Rates Provided always That in case any Iustice of the Peace Mayor chief Officer or Constable or any person or persons which shall be appointed by the Lord High Admiral the principal Officers or Commissioners of his Majesties Navy the Master of his Majesties Ordnance or the Lieutenant of his Majesties Ordnance as aforesaid respectively shall take any gift or reward to spare any person or persons No gifts or rewards may be taken by Iustices of the Peace
Merchant and of the Staple VVHereas the Security by Statute-Merchant and of the Staple is now become of little use and benefit by the fraud of the Conusors thereof in sundry Cases who to prevent the payment of their Debts secretly assign small parts of their Lands to several and unknown persons And it having been used that if the Creditor take Execution on such Statute yet if the Lands of any one or more person or persons to whom such alienation was made and liable to such Execution be omitted out of such extent The same execution hath been avoided by Audita Quaerela Executions avoided by Audita Quaerela and the party extending lost his Costs and was delayed of his iust Debt and so again upon any new extent toties quoties And if any one Acre or Parcel of Land happened to descend to an Infant the whole execution was deferred till full age of such Infant And if afterwards other part of the Lands or Tenements liable to such Debt descended to another Infant then also a farther delay happened during that Infancy also Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled For what causes extents upon Iudgments or Statutes shall not be avoided or delayd and by the Authority of the same That when any Iudgment Statute or Recognizance shall be extended the same shall not be avoided or delayed by occasion that any part of the Lands or Tenements extendible are or shall be omitted out of such extent saving alwayes to the Party and Parties whose Lands shall be extended his and their Heirs Executors and Assigns his and their remedy for contribution against such person and persons whose Lands are or shall be omitted out of such extent from time to time Proviso for Heirs within age Provided always that this Act or any thing therein contained shall not be construed to give any Extent or Contribution against any Heir within the age of one and twenty years during such Minority of such Heir for or in respect of any Lands to such Heir descended farther or otherwise then might have béen before the making of this Act. To what statutes and extents only this Act shall extend The continuance of this Act. Provided that this Act extend only to such Statutes as are or shall be for payment of Moneys And to such extent as shall be within twenty years after the Statute Recognizance or Iudgment had and obtained Provided that this Act shall continue for the space of thrée years and from thence to the end of the next Session of Parliament and no longer CAP. VI. Part of an Act of Parliament Entituled An Act directing the prosecution of such as are accomptable for Prize-goods repealed 14 Car. 2. cap. 14. Directions for recovery of Prize-goods not accompted â—or WHereas by an Act made in this present Parliament entituled An Act directing the prosecution of such as are accomptable for Prize-goods It is amongst other things Enacted That all and every Admirals Vice-Admirals Captains of Ships Officers and Mariners that did surprise or receive to or for the publique use or by pretence thereof any Ships Plate Iewels Bullion Money Silver Gold Arms Ammunition Waxes Merchandizes or any manner of Goods whatsoever seized or taken for Prize betwixt the thirtieth of January One thousand six hundred fourty two and the nine and twentieth day of May One thousand six hundred sixty And that had not at the making of the said Act truly Accompted for and paid in the same or the just Provenues thereof should be chargeable to His Majesty for the said premisses and convened and sued for in His Majesties Court of Admiralty and called to accompt or otherwise by such Suit and in such manner as should be most available to His Majesty And in case of defect of Iurisdiction in the said Court of Admiralty then upon Certificate thereof from the said Court of Admiralty made into His Majesties Court of Exchequer spéedy procéedings were to be had in the said Court of Exchequer for the recovering and levying of the Prizes Goods matters and things as by the said Act relation being thereunto had more plainly fully and at large appears Whereupon divers Captains and Officers of His Majesties Fleets and several others the Commanders Officers and Mariners imployed in the Sea-service have been sued or may possibly be sued concerning the several Prizes and Prize-goods by them heretofore seized and taken at Sea or in Ports since the Moneth of January One thousand six hundred forty two and before the twenty ninth of May One thousand six hundred sixty contrary to the grace and favour extended towards them not onely in and by His Majesties most gracious Act of Frée and general Pardon Indempnity and Oblivion but also by a Proclamation since made by His Majesty bearing Date the Fourteenth day of July One thousand six hundred sixty two in the Fourteenth year of His Majesties Reign Declaring His Majesties grace and favour towards all Commanders and Seamen in relation to Prizes and Prize-goods seised and taken since the moneth of January One thousand six hundred forty two untill the nine and twentieth of May One thousand six hundred sixty His Majesty thereupon willing that His Grace and Favour towards all Admirals Vice-Admirals Commanders Sea-men and Mariners should take its full effect And being fully satisfied of their dutiful affections unto His Majesties Royal Person and Government and for their future incouragement to persevere loyally in His Majesties Service is most graciously pleased that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled 14 Car. 2. cap. 4. Repealed as to all Admirals Officers Mariners and Souldiers at Sea and by the Authority of the same That the said Act entituled An Act for directing the prosecution of such as are accomptable for Prize-Goods and all and every Branches Clauses Powers and Articles and every matter and thing therein contained for so much onely and as for and concerning all and every Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Seamen and Mariners and every of them shall be and is hereby from henceforth repealed annulled and made void and of no effect to all intents and purposes whatsoever And that all and singular Process and proceedings whatsoever which before this time have been now are or may be at any time hereafter had sued forth and prosecuted in any of His Majesties Courts at Westminster or in the High Court of Admiralty of England or elsewhere within any His Majesties Dominions against any Admirals Vice-Admirals Captains of Ships Officers of Ships or Vessels Seamen and Mariners or any of them by force and vertue of the said Act or any Article or Clause therein contained be forthwith
and for ever hereafter superseded surceased stayed and discharged And that none of the said Admirals Vice-Admirals Captains or Officers of Ships or Vessels Seamen or Mariners shall from henceforth by vertue force or colour of any Process or procéedings whatsoever in any of His Majesties said Courts or elsewhere be in any wise Arrested disquieted questioned or troubled either in their Persons Lands or Goods for or by reason of the said Act or any thing therein contained But that all and every the said Admirals Vice-Admirals Captains and Officers of Ships or Vessels and all Seamen and Mariners and every of them shall by vertue of this Act stand and be for ever discharged and acquitted in all Courts and Places and of and from all Suits and Proceedings whatsoever sued or begun or to be sued or begun against them or any of them for any manner of Prizes Ships or Goods whatsoever by them or any of them seised surprized or any ways taken betwixt the said thirtieth of January One thousand six hundred forty two and the nine and twentieth of May One thousand six hundred sixty and of and from all Accompts Troubles Articles and Suits whatsoever concerning the same And that this Act shall be taken and expounded in the most large and beneficial manner for the said Admiralls Vice-Admirals Commanders Captains and Officers of Ships and Vessels and Seamen and Mariners and every of them and for their best advantage for the final free and absolute acquitting and discharging of them and every of them of and from all the said Prizes and every part thereof and all Ships and Vessels and Goods whatsoever or of what nature or kind soever by them or any of them seized surprised or in any sort taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty Provided always And be it Enacted That this Act or any thing therein contained The said Act not repealed as to any Collectors Treasurers c. of such Prize-goods shall not extend or be construed to extend to discharge any other persons whatsoever but onely the said Admirals Vice-Admirals Commanders Captains of Ships and Officers of Ships or Vessels and Seamen and Mariners but that all and every Collectors and Treasurers Sub-Collectors and Vnder-Treasurers of Prize-Goods Commissioners and Sub-Commissioners of Prize-Goods and all and every their Casheers Deputies Officers and Receivers other then such person or persons who are discharged by the Act of Frée and General-Pardon Indempnity and Oblivion that have not yet truly accompted or paid in the Provenues of the Prizes or Moneys arising thereout seized or taken betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty and all and every other person and persons by whom or to whom or to or for whose use any Prizes or Prize-Ships Plate Iewels Arms Ammunition Wares Merchandizes or any manner of Goods whatsoever seized or taken for Prize betwixt the said thirtieth of January One thousand six hundred forty two and the said nine and twentieth of May One thousand six hundred sixty were disposed or sold or to whose hands they came and who had and enjoyed the same or any part thereof and are still behind and have not paid in the moneys contracted for and arising or due upon such Sales or Dispositions or any of them and all securities by them and every of them given for or touching the premisses or any thing concerning the said Prizes or any of them shall be chargeable to Your Majesty for the said premisses and all the dependencies thereof respectively in the said Court of Admiralty or Exchequer and shall be procéeded upon in the said Court of Admiralty or Exchequer in Your Majesties Name and to and for Your Majesties use according to the said Act directing the prosecution of such as are accomptable for Prize-Goods and as fully and entirely as if this Act had never béen Any thing in this present Act notwithstanding CAP. VII A former Act for Regulating Printing continued BE it Enacted by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled That an Act made in the fourteenth year of the Reign of Our Soveraign Lord the King that now is Entituled An Act for preventing abuses in Printing Seditious Treasonable and unlicensed Books and Pamphlets and Regulating of Printing and Printing-Presses shall be continued and remain in force untill the end of the next Session of Parliament continued 17 Car. 2. cap. 4. CAP. VIII Arrests of Judgment and superseding Executions prevented WHereas great delay trouble and vexation hath béen and still is occasioned to the people of this Realm as well by arresting and reversing of Iudgments as by staying Executions by Writs of Error and Supersedeas For remedy thereof Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That if any Verdict of Twelve men shall be given in any Action In what court and cases Iudgment after verdict shall not be stayed for default of form in pleading Suit Bill or Demand to be commenced from and after the Five and twentieth day of March which shall be in the year of our Lord One thousand six hundred sixty and five in any of His Majesties Courts of Record at Westminster or in the Courts of Record in the Counties-Palatine of Chester Lancaster or Durham or in His Majesties Courts of the Great Sessions in any of the twelve Shires of Wales Iudgement thereupon shall not be stayed or reversed for default in form or lack of form or by reason that there are not Pledges or but one Pledge to prosecute returned upon the Original Writ or because the Name of the Sheriff is not returned upon such Original Writ or for default of entring Pledges upon any Bill or Declaration or for default of alledging the bringing into Court of any Bond Bill Indenture or other Déed whatsoever mentioned in the Declaration or other Pleading or for default of Allegation of the bringing into Court of Letters Testamentary or Letters of Administration or by reason of the omission of Vi armis or Contra pacem or for or by reason of the mistaking of the Christian Name or Sirname of the Plaintiff or Defendant Demandant or Tenant sum or sums of Money Day Moneth or Year by the Clerk in any Bill Declaration or Pleading where the right Name Sirname Sum Day Moneth or Year in any Writ Plaint Roll or Record preceding or in the same Roll or Record where the Mistake is committed is or are once truly and rightly alledged whereunto the Plaintiff might have demurred and shewn the same for Cause nor for want of the Averment of Hoc
of Arundel Surrey and Norfolk to the Dignity and Title of Duke of Norfolk An Act to restore to Wentworth Earl of Roscomon of the Kingdom of Ireland all the Honors Castles Lordships Lands Tenements and Hereditaments in Ireland whereof James Earl of Roscomon his Great-Grand Father or James Earl of Roscomon his Father c. An Act for restoring of Sir George Hamilton unto his Lands and Estate in Ireland An Act for maintenance of the Vicar for the time being of the Vicaridge of Royston in the Counties of Hertford and Cambridge and of his Successors Vicars of the said Vicaridge An Act for enabling Sir William Wray to sell Lands for payment of his debts and raising of Portions for his younger Children An Act for naturalizing of Gerard Vanhenthusen Daniel Demetrius and others An Act for enabling of John Newton the younger and William Oakeley to make sale of Lands for payment of debts and raising of Portions c. An Act for the levying of certain moneys due upon the Collection for the Protestants of Piedmont An Act for the Naturalization of John Boreel Esq Eldest Son of Sir William Boreel Knight and Baronet An Act for the Naturalization of Abraham Watchtor born beyond the Seas An Act for restoring of Sir Thomas Grimes Baronet to his Estate An Act for enabling George Fawnt of Foston in the County of Leicester Esq to sell and conveigh part of his Lands for payment of several Debts Legacies charged upon his Estate by Sir William Fawnt Knight deceased and for the raising of Portions for his younger children and making his Wife a Joynture An Act for Naturalizing Francis Hide and others An Act to nable Joseph Micklethwaite an Infant and his Trustees to sell Lands for payment of his Fathers Debts An Act for raising portions and making provision for maintenance for the younger children of Sir Edward Gostwick An Act for confirming the Sale of the Mannor of Hitcham sold to Charles Doe by Sir John Clark Knight and Baronet and for setling and disposing other the Lands of the said Sir John Clerke and Dame Philadelphia his Wife An Act for the setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and of Thomas Lord Wentworth his Son An Act for the disappropriating of the Rectory appropriate of Preston and uniting and consolidating of the said Rectory and of the Vicaridge of the Church of Preston and for assuring of the Advowson and right of Patronage of the same unto the Master Fellows and Scholars of Emanuel Colledge in Cambridge and their Successors An Act for making the Precincts of Covent Garden Parochial Anno Decimo tertio Caroli Secundi Regis Angliae c. AN Act for Safety and Preservation of his Majesties Person and Government against Treasonable and Seditious Practices and Attempts Cap. 1. fol. 75. 2 An Act for Repeal of an Act of Parliament Entituled An Act for disenabling all persons in Holy Orders to receive any Temporal Jurisdiction or Authority Cap. 2. fol. 77. 3 An Act for the Declaring Vesting and Setling of all such Moneys Goods and other things in his Majesty which were Received Levied or Collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not pardoned by the Act of Oblivion Cap. 3. fol. 77. 4 An Act for a Free and Voluntary Present to his Majesty Cap. 4. fol. 78. 5 An Act against Tumults and Disorders upon pretence of preparing or presenting Publike Petitions or other Addresses to his Majesty or the Parliament Cap. 5. fol. 78. 6 An Act Declaring the Sole Right of the Militia to be in the King and for the present Ordering and disposing the same Cap. 6. fol. 78. 7 An Act for Confirming Publike Acts Cap. 7. fol. 79. 8 An Act for Providing necessary Carriages for his Majesty in his Royal Progress and Removals Cap. 8. fol. 80. 9 An Act for the establishing Articles and Orders for the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea Cap. 9. fol. 81. 10 An Act to prevent the Unlawful Coursing Hurting or Killing of Deer Cap. 10. fol. 85. 11 An Act for Confirming three Acts therein mentioned Cap. 11. fol. 85. 12 An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th year of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethae concerning Commissioners for Causes Ecclesiastical Cap. 12. fol. 86. 13 An Act for Vesting the Arrears of the Excise and New Impost in his Majesty Cap. 13. fol. 87. 14 An Act for Confirming an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publike and Private mentioned therein Cap. 14. fol. 87. 15 An Act Declaring the Pains Penalties and Forfeitures imposed upon the Estates and Persons of certain notorious Offenders Excepted out of the Act of Free and General Pardon Indempnity and Oblivion Cap. 15. fol. 88. Private Acts. An Act for ascertaining and Establishing the Fees of the Masters of the Chancery in Ordinary An Act for Confirming a Sale made by Sir Thomas Prestwich and others of the Mannor of Holm and certain Lands in the Parish of Manchester in the County of Lancaster unto Sir Edward Mosley Baronet An Act for Restoring of Thomas Radcliffe Esq to all his Lands and Possessions in England and Ireland An Act enabling John Harbin Esq to settle sell and dispose of several Mannors Messuages Lands Tenements and Hereditaments with the Appurtenances in the County of Somerset and Dorset therein mentioned for Payment of his Debts and to make provision for his younger Children An Act to enable the Sale of some of the Lands of Thomas Hunt Esq and John Hunt Gent. for the payment of their Debts An Act for setling the Mannors Knoll Seal and Kempsing in the County of Kent upon the Earl of Dorset and his Heirs and charging the Mannor of Bexhill and the Mannor or Farm of Cawding and other Lands in the County of Sussex with a Rent charge of One hundred and thirty pounds per annum in lieu thereof An Act for Confirmation of the Charter and Priviledges of the Master Wardens and Commonalty of Weavers Fullers and Clothiers in the City of Worcester An Act for Setling of several Lands late of Sir Edward Baesh Knight upon Sir Ralph Baesh Knight of the Bath Heir of the said Sir Edward and his Heirs An Act for Confirmation and Explanation of an Act for the Setling of some of the Mannors and Lands of the Earl of Cleaveland in Trustees to be sold for the satisfying of the Debts of the said Earl and Thomas Lord Wentworth his Son An Act for the Uniting the Parsonages of St. Andrews and St. Mary Witton in Droitwich in the County of Worcester An Act to enable John Lord Abergavenny Son and Heir of
Relief of such Persons as by Sickness or other Impediment were disabled from subscribing the Declaration in the Act of Uniformity and explanation of part of the said Act cap. 6. fol. 183. 7 An Act for the encouragement of Trade cap. 7. fol. 184. 8 An Act to prevent the Selling of live fat Cattel by Butchers Cap. 8. fol. 188. 9 An Act for granting Four intire Subsidies to His Majesty by the Temporalty Cap. 9. fol. 188. EXP. 10 An Act for Confirming of Four Subsidies granted by the Clergy Cap. 10. fol. 188. 11 An Additional Act for the better Ordering and Collecting the Duty of Excise and preventing the Abuses therein Cap. 11. fol. 188. 12 An Explanatory Act for Recovery of the Arrears of Excise Cap. 12. fol. 193. 13 An Additional Act for the better Ordering and Collecting the Revenue arising by Hearth-money Cap. 13. fol. 193. 14 An Act for Setling the Profits of the Post-Office and Power of granting Wine-Licenses on his Royal Highness the Duke of York and the Heirs Males of his Body Cap. 14. fol. 195. 15 An Act for Encouraging the Manufactures of Making Linnen Cloth and Tapistry Cap. 15. fol. 198. 16 An Act for Regulating the Herring and other Fisheries And for Repeal of the Act concerning Madder Cap. 16. fol. 199. 17 An Act for Setling the Draining of the Great Level of the Fenns called Bedford Level Cap. 17. fol. 200. Private Acts. AN Act to enable Edward Marquess of Worcester to receive the benefit and profit of a Water-commanding Engine by him invented one Tenth part whereof is appropriated for the benefit of the Kings Majesty His Heirs and Successors An Act for setling an Annuity of Three hundred pounds per Annum upon Charles Earl of Portland and for the benefit of Willoughby Whitelock Bulstrode Whitelock and Charleton Whitelock Infants and for confirming of agreements made to compose Suits in Law against them An Act for Setling the Charitable Gift of John Guest An Act to enable Sir John Packington and his Trustees to sell or otherwise dispose of certain Lands for the payment of his Debts and raising Portions for his younger children An Act to enable Edward Chaloner Esq to make provision for Anne his Wife and his younger children An Act for the Naturalizing of Charlottee Hessen Killegrew and others An Act to Impower Sir John Drake and others to make sale of Lands for payment of the Portion of Ellen Brisco Widow An Act to enable the Sale of the Lands of Richard Senior and Anthony Senior deceased for payment of some of their Debts An Act for the Setling of the Lands of the Earl of Kent and the Lord Lucas on the Marriage of the said Earl with the Daughter and Heir apparent of the Lord Lucas An Act for the Setling of a Free School in Witney in the County of Oxon being Erected and Endowed by Henry Box Citizen and Grocer of London deceased An Act to enable the Bishop of Winchester to Lease out the Tenements now built upon scite of his Mansion-House in the Parish of Saint Saviours in Southwark in the County of Surrey and the two Parks and other Demesns at Bishops Waltham and other Lands in the County of Southampton An Act for Repairing and better preserving the Key of the Port of Wells in the County of Norfolk An Act for the Governing of the Hospital of Saint Oswalds in the County of Worcester An Act to Enable Sir Francis Boynton Baronet and Richard Robinson Esquire to Sell certain Lands of John Robinson Esq for payment of Debts and Leasing of other Lands for making Provision for his younger Children An Act for making void certain Conveyances made by Caryll Lord Molleneux in the late times An Act to Confirm a Deed made by Charles Pitcarne Esquire An Act for the Naturalization of Dame Elizabeth Jacob and others An Act for the Naturalizing of George Willoughby and others An Act for Confirming an Act for Naturalizing of Peter de la Pierre alias Peters and John de la Pierre alias Peters Anno Decimo sexto Caroli Secundi Regis c. 1 AN Act for the Assembling and holding of Parliaments once in Three years at the least And for the Repeal of an Act Entituled An Act for the preventing of Inconveniences happening by the long Intermission of Parliaments Cap. 1. fol. 213. 2 An Act for preventing of Abatements of Writs of Errour upon Judgments in the Exchequer Cap. 2. fol. 213. 3 An Act for Collecting the Duty arising by Hearth Money by Officers to be appointed by His Majesty Cap. 3. fol. 214. 4 An Act to prevent and suppress Seditious Conventicles Cap. 4. fol. 216. 5 An Act to prevent the Disturbances of Sea-men and others And to preserve the Stores belonging to His Majesties Navy-Royal Cap. 5. fol. 220. 6 An Act to prevent the delivering up of Merchants Ships Cap. 6. fol. 221. 7 An Act against deceitful disorderly and excessive Gaming Cap. 7. fol. 222. 8 An Act for Continuance of a former Act for Regulating the Press Cap. 8. fol. 223. Private Acts. AN Act for Vacating certain Conveyances made by Sir John Packington Baronet to Christopher Henn and others An Act for the sale of the Mannor of Ingoldesby and divers Lands in Ingoldesby in the County of Lincoln for raising Portions for the two Daughters and Co-heirs of Sir William Armin the younger Baronet deceased An Act for the sale of certain Lands for payment of the Debts of Sir Sackvile Glemham An Act to enable Trustees for Sir William Kyte to sell Lands for the payment of Debts An Act for Confirmation of the Inclosure and Improvement of Malvirne Chace An Act for Setling the Charitable Gift of Abraham Colfe Clerk for Erecting and Endowing Two Free-Schools and an Almes-house at Lewisham in Kent An Act for Naturalizing Dame Katherine Sayer and others An Act to inable Francis Cottington or Charles Cottington to Settle and Dispose of Lands in Joynture for any Wife or Wives they shall take in Marriage An Act to inable Charles Cotton Esquire to make Leases of Lands for payment of Debts An Act for the making of the Church Erected at Falmouth a Parish-Church and no part of the Parish of Gluvias of Chapelry of St. Budock Anno 16 17 Caroli II. Regis Angliae c. 1 AN Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be Raised Levied and Paid in the space of Three years cap. 1. fol. 224. 2 An Act for Regulating the Measures and Prices of Coals cap. 2. fol. 253. 3 An Act for the Returning of able and sufficient Jurors cap. 3. fol. 254. 4 An additional Act for the better Ordering and Collecting the Duty of EXCISE cap. 4. fol. 255. 5 An Act to prevent Delays in extending Statutes Judgments and Recognizances cap. 5. fol. 256. 6 An Act for Repealing of part of an Act of Parliament intituled An Act directing the prosecution of such as are accomptable
one part of the Statute made in the five and twentieth year of the Reign of the late King Henry the eighth intituled an Act for the destruction of wild fowl which was repealed by a later Act in the Parliament holden in the third and fourth years of the reign of the late King Edward the sixth Sâ— 3 4. El. â— 7. Sâ— 21. Jac. 28. â— M. 5. and revived in the Parliament holden in the one and twentieth year of the Reign of the late King James and one Act made in the first year of the Reign of the late Quéen Mary for and concerning the making repairing and amendment of the common high-way and Causey in the Counties of Dorset and Sommerset betwéen the Towns of Shaftsbury and Sherborn St. â—1 â—â— â—8 21 â—ac 6. 21 Jac. 18 in the County of Dorset and revived in the said one and twentieth year And also the several Acts hereafter mentioned made in the said one and twentieth year of the Reign of the late King James That is to say an Act intituled an Act concerning Women convicted of small felonies 4 Jac. 2. 21 Jac. 20. 21 Jac. 27. and one Act intituled an Act for the continuance of a former Statute made in the fourth year of the Reign of the said late King James intituled an Act for the true making of woollen clothes The 5â— Statutes above mentioned continued untill the end of the first Session of the next Parliament and for some addition and alterations in and to the same together with so much of one Act made in the said fourth year as was in force the last day of the Session of Parliament holden in the said one and twentieth year and one other Act intituled an Act to prevent and reform prophane swearing and cursing and one Act intituled an Act to prevent the destroying and murdering of bastard Children by vertue of this Act shall be and continue until the end of the first Session of the next Parliament in force and effect as the same were the first day of the Session of Parliament 1 Car. 1. Continued Continued til some other Act be made for continuance or discontinuance of the said Act. Mat. 17 Car. cap. 4. When Corn may be transported Start 21 Jac. 28. holden in the first year of the reign of our Soveraign Lord the King that now is And be it also Enacted that one Statute made in the said first year of his Majesties Reign that now is intituled an Act for punishing of divers abuses committed on the Lords day shall continue in force untill the end of the next Session of Parliament Provided nevertheless that so much of every of the said Act as by any new Act made in this Session of Parliament are or shall be explained altered or repealed shall for so much thereof from the end of this Session of Parliament stand be in force as by those other Acts shall be ordained Provided also and be it further Enacted by the authority of this present Parliament That when the prises of Corn or Grains at the times Havens and Places when and where the said Corn or Grain shall be bought shipped or laden excéed not the rates hereafter following viz. the quarter of Wheat at thirty and two shillings the quarter the quarter of Rye at twenty shillings the quarter of Pease and Beans at sixteen shillings the quarter of Barley or Mault at sixtéen shillings of currant English money That then it shall be lawful for all and every person and persons being Subjects of the Kings Maiesty His Heirs and Successors and born within this Realm to carry and transport of his own and to buy to sell again in Markets and out of Markets and to kéep or sell or carry and transport any of the said Corns and Grains from the places where they shall be of such prices unto any part beyond the Seas in amity with his Majesty as Merchandize in Ships Crayers or other Vessels whereof any English born Subject or Subjects then shall be the owner or owners or the same to carry and sell in other places within this Realm or Dominion thereof Any Law Statute or Vsage to the contrary hereof notwithstanding And that the Kings Majesty The Custom and Punsdage of Corn. his Heirs and Successors shall have and receive by the Customers and Officers of his Ports for the Custom or Poundage of every quarter of Wheat to be transported by force of this Statute out of this Realm two shillings of every quarter of other grain sixtéen pence which said several sums so to be had and taken as Custom or Poundage shall be in full satisfaction of all manner of Custom or Poundage for the said Corn or Grain by any Constitution Order Statute Law or Custom heretofore made used or taken for transporting of any such manner of Corn or Grain or made in this present Session of Parliament or hereafter to be made The Kings Proclamation may restrain transportation of Corn. Provided alwayes and be it Enacted by the authority of this present Parliament That the Kings Majesty his Heirs and Successors may at all times by his and their Writ of Proclamation to be published generally in the whole Realm or in any of the Counties of this Realm where any Ports are command that no person shall by vertue of this Act transport or convey any manner of Grain out of his Highness Dominions generally or out of any special Ports to be in the said Proclamation particularly named for such time as shall be therein limited and appointed And it shall not be lawful for any person to carry out any such Grain contrary to the tenor of the said Proclamation upon such pains and forfeitures as by the Laws and Statutes of this Realm are and have béen provided and ordained in that behalf This Act or any thing therein contained to the contrary notwithstanding Welsh Cottons Provided also and be it Enacted that no person or persons shall incur any penalty for want of length breadth or weight of Welsh Cottons under the price of 15 d. the yard or 2 s. the goad so as they be not mixed with hair or other deceitful stuff nor for any others above that price except they shall be mixed as aforesaid or shall shrink above the rate of half a yard in 12 yards of length or weigh less than fourteen ounces the yard or hold not full three quarters of a yard broad 16 E. â— â— And be it also Enacted by the authority aforesaid That that part of one Statute made in the fiâ—teenth year of the reign of the late King Richard the second by which it is ordained that no manner of Spicery after that it be brought into the Realm shall be carried out of the same Realm by Aliens nor by Denizens upon pain of forfeiture thereof And one Statute made in the sixteenth year of the reign of the late King Richard the second concerning Liveries 16 R. 2.
Majesty his Heirs or Successors And all Powers and Authorities Granted or pretended or mentioned to be Granted thereby and all Acts Sentences and Decrées to be made by vertue or colour thereof shall be utterly void and of none effect CAP. XII A Subsidy Granted to the King of Tunnage and Poundage Tunnage and Poundage and other sums of Money payable upon Merchandize Exported and Imported from the 15th of July 1641. to the 10th of August next EXP. CAP. XIII Such Monies secured as are or shall be due to the Inhabitants of the County of York and the other adjoyning Counties for the Billet of the Souldiers and to certain Officers of the Army who forbear part of their pay according to an Order in that behalf made in the Commons House of Parliament this present Session for such part of their pay as they shall so forbear EXP. CAP. XIV The late Preceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void Shipâ—rits VVHereas divers Writs of late time issued under the Great Seal of England commonly called Ship-Writs for the charging of the Ports Towns Cities Burroughs and Counties of this Realm respectively Certioraries to provide and furnish certain Ships for his Majesties service Mittimus And whereas upon the Execution of the same Writs and Returns of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Process hath béen thence made against sundry persons pretended to be charged by way of Contribution for the making up of certain sums assessed for the providing of the said Ships and in especial in Easter Term Scire facias against John Hampden Esquire Demurrer in the thirtéenth year of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckingham-Shire against John Hampden Esquire to appear and shew cause why he should not be charged with a certain sum so assessed upon him upon whose appearance and demurrer to the procéedings therein the Barons of the Exchequer adjourned the same case into the Exchequer-Chamber where it was solemnly argued divers dayes and at length it was there agréed by the greater part of all the Iustices of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled That the said John Hampden should be charged with the said sum so as aforesaid assessed on him The main grounds and reasons of the said Iustices and Barons which so agréed being that when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger the King might by Writ under the Great Seal of England command all the Subjects of this His Kingdome at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law the King might compel the doing thereof in case of refusal or refractorinses and that the King is the sole Iudg both of the danger and when and how the same is to be prevented and avoided according to which grounds and reasons all the Iustices of the said Courts of Kings Bench and Common Pleas and the said Barons of the Exchequer having béen formerly consulted with by his Maiesties command Extrajudicial Opinion had set their hands to an extraiudicial opinion expressed to the same purpose which Opinion with their names thereunto was also by his Majesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber Iudgment and according to the said agréement of the said Iustices and Barons Iudgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said sum so assessed on him And whereas some other Actions and Proces depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called Shipwrits all which Writs and procéedings as aforesaid were utterly against the Law of the Land Shipmoney proceedings thereupon contrary to Law Be it therefore declared and Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said charge imposed upon the Subject for the providing and furnishing of Ships commonly called Ship-money and the said extrajudicial opinion of the said Iustices and Barons and the said Writs and every of them and the said agréement or opinion of the greater part of the said Iustices and Barons and the said judgment given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of property the liberty of the Subjects former resolutions in Parliament and the Petition of Right made in the third year of the Reign of his Maiesty that now is St. 3 Car. 1. Petition of right to be observed And it is further declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed and that all and every the Records and remembrances of all and every the Iudgment Iudgments proceedings touching ship-money and all entries records inrolments thereof made void Inrolments Entry and procéedings as aforesaid and all and every the procéedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be Déemed and Adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgment Inrolments Entries Procéedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated CAP. XV. Touching Incroachments and Oppressions in the Stannary Courts WHereas King EDWARD the first of famous memory did for the Amendment of the Stannaries in the County of Devon E. 1. Charter grant divers Franchises and Liberties to the Tinners there And whereas in the Parliament in the fiftieth year of King EDWARD the third upon the petition of the Commons of the County of Devon certain Branches and Articles of the said Charter were explained in manner following That is to say whereas one Article of the said Charter is in these words following Explained 50 E. 3. viz. Sciatis nos ad emendationem Stannariarum nostrarum in Com. Devon ad tranquilitatem utilitatem Stannatorum nostrorum praedictorum earundem Concessisse pro nobis haeredibus
for the same in the Custome-house according to the true meaning of this Act that then from the said four and twentieth day of June all the same Wines Goods and Merchandizes whatsoever shall be forfeit to your Majesty the one moyety of the rate thereof to your Majesty and the other moyety to him or them that will seize the same or sue for the same And that it may please Your Majesty Merchants strangers shall be well intreated That all Merchants aswell Denizens as Strangers coming into this Your Realm be well and honestly intreated and demeaned for such things as Subsidy by this Act is granted as they were in the time of Your Noble Progenitors and Predecessors without oppression to them to be done paying the Subsidies aforesaid And be it further Enacted by the authority aforesaid That if any Goods or Merchandize A Proviso for such whose goods be taken by Pirates or perished on the Sea as aforesaid of any Merchant being born Denizen after the said four and twentieth day of June hath béen or at any time hereafter during Your Majesties life shall be taken by any Enemies or Pyrates upon the Sea or perished in any Ship or Ships that shall happen to be taken or perished during Your Majesties Life whereof the Subsidies and other Duties aforesaid are or shall be duly paid or agréed for as aforesaid and that duly proved before the Treasurer of England Commissioners of the Treasury or Chief Baron of the Exchequer for the time being by the examination of the same Merchants if they be alive or of their Executors or Administrators if they be dead or by two credible Witnesses at the least sworn or other reasonable Witness and proof sworn then the same Merchant or Merchants his or their Executors or Administrators shall or may newly ship in the same Port where the goods and Merchandize aforesaid were or shall be Customed so much other Merchandize or Goods as the same goods or Merchandize are or shall be lost as aforesaid shall amount unto in custome without paying of any thing for the same so as the same Proof be recorded and allowed of in the Court of Exchequer The Customs of any goods shipped in Carracks or Gallies and certified unto the Collectors of the Customes of the Port where the same Wares or Merchandizes are to be newly shipped without Custome as aforesaid And further That every Merchant-Denizen who shall hereafter Ship any Goods or Merchandize in any Carrack or Gally shall pay to your Majesty all manner of Customs and all the subsidies aforesaid as any Alien born out of the Realm Provided alwayes that it shall and may be lawfull to all and every Your Subjects Shipping of Herrings at his and their will and pleasure to convey and transport out of this Realm in Ships and other Vessels of any the Subjects of this Realm all and every kind of Herrings and other Sea fish to be taken on the sea by any the Subjects aforesaid from or out of any Port or Harbor of this Realm to any place out of your Majesties Dominions without paying any Custome Subsidy or Poundage-moneys for the same Herrings or other Fish so carried or transported during your Majesties life any thing herein before contained to the contrary notwithstanding And because no rates can be Imposed upon Merchandize No rates to be imposed on Merchandize without authority of Parliament imported or exported by Subjects or Aliens but by common consent in Parliament Be it further Enacted and Declared by the Authority aforesaid that the Rates intended by this present Act shall be the rates mentioned and expressed in one Book of Rates intituled The Rates of Merchandize That is to say the Subsidy of Tonnage the Subsidy of Poundage and the Subsidy of Woollen cloths or old Draperies as they are rated and agréed on by the Commons House of Parliament A book of rates agreed by the Commons house of Parliament set down and expressed in this Book to be paid according to the Tenor of the Act of Tonnage and Poundage from the four and twentieth day of June inclusively in the twelfth year of his Majesties Reign during his Majesties Life and subscribed with the hand of Sir Harbottle Grimston Baronet Speaker of the House of Commons Which said Book of Rates composed and agréed on by Your Majesties said Commons and also every Article rule and clause therein contained shall be and remain during Your Majesties Life as effectual to all intents and purposes as if the same were included particularly in the Body of this present Act. And it is further Enacted That during the continuance of this present Grant The fees of the Custome Officers where the Goods Exported or Imported amount to the value of five pounds or more the Customers and Collectors and all other his Majesties Officers in the several Ports shall take and receive such Fées and no other as were taken in the Fourth year of the late King James until such time as the said Fées shall be otherwise setled by Authority of Parliament Provided alwayes That no Person or Persons who after the Four and twentieth of June A Proviso for such as paid before the 24. Iuly 1660. in the year One thousand six hundred and sixty and before the Four and twentieth of July in the same year have paid received or collected any Duties or Customes according to the Rates used in April One thousand six hundred and sixty shall be molested or any way Impeached for or concerning the payment or Receipt of the said duties or any other duties by this Act Imposed And it is hereby further Declared That no person who hath shipped any Goods since the said four and twentieth of June and before the said four and twentieth of July shall be liable to the payment of any duties therefore other then such as were used to be paid in the said moneth of April One thousand six hundred and sixty Goods which may be exported immediately after the passing this Act. Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawful for any Person or Persons immediately from and after the passing of this Act to transport ship and carry out of this Kingdome or out of any Port thereof by way of Merchandize any of these Commodities Goods and Merchandizes following That is to say Iron Armour Bandeléers Bridle-Bitts Halbert Heads and Sharps Holsters Muskets Carbines Fowling-Peices Pistols Pike-Heads Sword or Rapier-Blades Saddles Snaffles Styrropes Calveskins dressed or undressed Geldings Oxen Shéep-skins dressed without the Wooll and all sorts of Manufactures made of Leather paying the respective Rates appointed by this Act and no other any Law Statutes Prohibitions and Customes to the contrary notwithstanding Goods which may be exported being at certain pâ—â—ses And be it further Enacted by the Authority aforesaid That it shall and may be lawful immediately after the passing of this Act for any person or
and other his Lieges of this Realm conducted his Majesty unto His Royal Cities of London and Westminster with all possible Expressions of their Ioy and Loyal Affections in far greater Triumph than any of his most Victorious Predecessors Kings of England returned thither from their Forreign Conquest and both his Majesties Houses of Parliament with all Dutiful and Ioyful Demonstrations of their Allegiance publickly received and cordially congratulated His Majesties most happy Arrival and Investiture in his Royal Throne at his Palace at White-Hall Vpon all which considerations this being the Day which the Lord himself hath made and crowned with so many publick Blessings and signal Deliverances both of his Majesty and his People The intent of keeping the said Day from all their late most deplorable Confusions Divisions Wars Devastations and Oppressions to the end that it may be kept in perpetual Remembrance in all Ages to come and that his Sacred Majesty will with all his Subjects of this Realm and the Dominions thereof and their posterities after them might annually celebrate the perpetual memory thereof by sacrificing their unfeigned hearty publick Thanks thereon to Almighty God with one heart and voice in a most devout and Christian manner for all these publick benefits received and conferred on them upon this most joyful Day Be it therefore Enacted by the Kings most Excellent Majesty the Lords and Commons in this present Parliament assembled and by the Authority of the same That all and singular Ministers of Gods Word and Sacraments in every Church Chappel and other usual place of Divine Service and publick Prayer which now are or hereafter shall be within this Realm of England and the respective Dominions thereof and their Successors shall in all succéeding Ages annually celebrate the Twenty Ninth day of May The 29th of May to be annually celebrated by rendring their hearty publick Praises and Thanksgivings unto Almighty God for all the forementioned Extraordinary Mercies Blessings and Deliverances received and mighty Acts done thereon and Declare the same to all the people there assembled and the Generations yet to come that so they may for ever praise the Lord for the same whose Name alone is Excellent and his Glory above the Earth and Heavens And be it further Enacted All persons to resort to some Church Chappel or publique Place of Thanksgiving the said day That all and every person and persons inhabiting within this Kingdom and the Dominions thereunto belonging shall upon the said day annually resort with diligence and devotion to some usuall Church Chappel or Place where such publick Thanksgivings and Praises to Gods most Divine Majesty shall be rendred and there orderly and devoutly abide during the said publick Thanksgivings Prayers Preaching Singing of Psalmes and other Service of God there to be used and ministred And to the end that all persons may be put in mind of their duty thereon and be the better prepared to discharge the same with that piety and devotion as becomes them Be it further Enacted Notice of this Act to be given the next Lords Day before That every Minister shall give notice to his Parishioners publickly in the Church at morning Prayer the Lords Day next before every such Twenty Ninth day of May for the due observation of the said day And shall then likewise publickly and distinctly read this present Act to the people St. 13 Car. 2. cap. 11. CAP. XV. An Act for the speedy Disbanding of the Army and Garrisons of this Kingdom with Instructions for the same EXP. CAP. XVI Souldiers of the Army Disbanded may Exercise Trades WHereas there are divers Officers and Souldiers now in the Kings Majesties Service Souldiers instrumental in His Majesties Restauration under the Command of his Excellency George Duke of Albemarle Captain General of His Majesties Armies who have béen Instrumental by the Blessing of Almighty God to the Happy Restitution and Restoration of his Sacred Majesty unto His Kingdomes and People and to His Iust Right of Government in the Kingdom of England and the Dominions and Territories thereunto belonging some of which are men that used Trades others that were Apprentices to Trades who had not served out their Times and others who are Apt and Fit for Trades many of which the Wars being now ended would willingly Imploy themselves in those Trades they were formerly accustomed unto or which they are apt and able to follow and make use of for the getting of their Living by their Labour and Industry but are or may be hindred from exercising those Trades in certain Cities Corporations and other places within this Kingdom because of certain by-Lawes and Customs of those places and of a Statute made in the Fifth year of the late Quéen Elizabeth Prohibiting the use of certain Trades by any person that hath not served as an Apprentice to such Trade by the space of seven years Such as were in Service under General Monk 25. April 1660. and instrumental in his Majesties restitution may exercise Trades For remedy whereof And to the end that those persons who were in Actual Service under the Command of the said Captain General on the Five and twentieth day of April in the year of our Lord One thousand six hundred and sixty and were Instrumental to the Happy Restitution of the Kings Majestie unto his Iust Right of Government as aforesaid may not be deprived of a Means of Livelyhood May it please your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority thereof That all such Officers and Souldiers who were under the Command of the said Captain General on the Five and twentieth day of April Such as have deserted the Service or refuse the Oath of Allegiance excepted in the said year of our Lord One thousand six hundred and sixty and have not since deserted the Service or refused to take the several Oaths of Supremacy and Allegiance unto the Kings Majesty that now is his Heirs and Successors and that have heretofore used or exercised any Trade though they did not serve out the time of their Apprentiship or any other person imployed as aforesaid under the Command of the said Captain General at the time aforesaid that is apt and able to practise any Trade may set up and exercise such several and respective Trades Mysteries or occupations whereunto he or they have béen bound Apprentice and served any Part of his or their time or any Handicraft or other Trade exercised about Manufactures though he was never bound Apprentice to the same Apprentices to enjoy all Immunities as it they had served their Time in manner following that is to say Such of them as have béen Apprentices as aforesaid may set up and exercise such several and respective Trades whereunto he or they have béen so bound Apprentices as fully as if they had served out their
respective terms or times for which they have béen bound and shall have and enjoy the same Immunities as they should have had and enjoyed if they had served out their said terms or times And all others of the said Officers and Souldiers may set up and exercise such Trades as they are apt and able for in the several Towns and Places within the several and respective Counties wherein they were born without any suit let or molestation of any person or persons whatsoever for or by reason of the using of such Trade And if any such Officer or Officers Souldier or Souldiers shall be sued impleaded or indicted in any Court whatsoever within this Kingdom for using or exercising any such Trades as aforesaid then the said Officer or Officers Souldier or Souldiers making it appear to the same Court where they are so sued impleaded or indicted that they have served the Kings Majesty under the Command of the said Captain General as aforesaid and they they have severally taken the said Oaths of Supremacy and Allegiance The general Issue pleaded upon this Act. and have not since deserted the said Service shall upon the General Issue pleaded be found Not guilty in any Plaint Bill Information or Indictment exhibited against them and such persons who notwithstanding this Act shall prosecute their said Suit by Bill Plaint Information or Indictment and shall have a Verdict pass against them or become Nonsuit therein or discontinue their said Suit such person or persons shall pay unto such Officer or Officers Souldier or Souldiers double costs of Suit to be recovered as any other Costs at Common Law may be recovered And all Iudges and Iurors before whom any such Suit Information or Indictment shall be brought and all other persons whatsoever are to take notice of this present Act and shall conform themselves thereunto any Statute Law Ordinance Custom or Provision to the contrary in any wise notwithstanding How an Officer or Souldier may prove his being in Service within this Act. Provided That no Officer or Souldier shall have the benefit of this Act that shall not prove his Service as aforesaid either by a Certificate under the Hand and Seal of some Field Officer and two Commission-Officers of the Regiment wherein he served or some General-Officer of the Army certifying his knowledg of the Service aforesaid and the said Certificate to be proved by one Witness at least to be a true Certificate or for default of such Certificate by the Oaths of two credible Persons at least Penalty upon false Certificates Provided also That if any person or persons pretending themselves to have béen Officers or Souldiers within the qualifications aforesaid shall produce a false Certificate to the intent to have the benefit of this Act and thereof be convicted by Confession or due proof of Law shall suffer Imprisonment not excéeding six months and to lose the benefit of this Act Any thing therein contained to the contrary in any wise notwithstanding Souldiers Tradesmen to submit to all Offices and Orders in Corporations and Companies of their Manufacture Provided also and be it Enacted That the said Officers and Souldiers in this Act mentioned and all other persons exercising or that shall exercise any Trade or Profession in any City or Corporation shall be liable to bear all Offices in the said respective Cities and Corporations when by the said Cities and Corporations they shall be elected thereunto and shall submit to such Orders of Corporations and Companies for search of the well and true making of their Manufacture as others frée of the said Companies or Corporations are subject unto any Law Usage or Custom to the contrary in any wise notwithstanding CAP. XVII Ministers confirmed and restored to their Benefices CAP. XVIII Shipping and Navigation Encouraged FOr the increase of Shipping and encouragement of the Navigation of this Nation wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Be it Enacted by the Kings most Excellent Majesty by the Lords and Commons in this present Parliament Assembled No goods shall be imported from Asia Africa or America but in English Ships and the Authority thereof That from and after the First day of December One thousand six hundred and sixty and from thenceforward no Goods or Commodities whatsoever shall be Imported into or Exported out of any Lands Islands Plantations or Territories to His Majesty belonging or in his possession or which may hereafter belong unto or be in the possession of His Majesty his Heirs and Successors in Asia Africa or America in any other Ship or Ships Vessel or Vessels whatsoever but in such Ships or Vessels as do truly and without fraud belong only to the People of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or are of the built of and belonging to any the said Lands Islands Plantations or Territories as the Proprietors and Right Owners thereof and whereof the Master and thrée fourths of the Mariners at least are English Penalty under the penalty of the Forfeiture and Loss of all the Goods and Commodities which shall be Imported into or Exported out of any the aforesaid places in any other Ship or Vessel as also of the Ship or Vessel with all its Guns Furniture Tackle Ammunition and Apparel one Third part thereof to his Majestie his Heirs and Successors one Third part to the Governour of such Land Plantation Island or Territory where such default shall be committed in case the said Ship or Goods be there seized or otherwise that third part also to his Majesty his Heirs and Successors and the other third part to him or them who shall Seize Inform or Sue for the same in any Court of Record by Bill Information Plaint or other Action wherein no Essoin Protection or Wager of Law shall be allowed And all Admirals and other Commanders at Sea of any the Ships of War or other Ship having Commission from his Majesty or from his Heirs or Successors are hereby Authorized and strictly required to seize and bring in as prize all such Ships or Vessels as shall have offended contrary hereunto and deliver them to the Court of Admiralty there to be procéeded against and in case of condemnation one Moyety of such Forfeitures shall be to the use of such Admirals or Commanders and their Companies to be divided and proportioned amongst them according to the Rules and Orders of the Sea in case of Ships taken prize and the other Moyety to the use of his Majesty his Heirs and Successors And be it Enacted Aliens shall not exercise the occupation of Merchants or Factors That no Alien or person not born within the Allegiance of our Soveraign Lord the King his Heirs and Successors or Naturalized or made a frée Denizen shall from and after the First day of February which shall be in the year of our Lord One
thousand six hundred sixty one exercise the Trade or Occupation of a Merchant or Factor in any the said places upon pain of the Forfeiture and Loss of all his Goods and Chattels or which are in his possession one third to his Majesty his Heirs and Successors one third to the Governour of the Plantation where such person shall so offend and the other third to him or them that shall inform or sue for the same in any of his Majesties Courts in the Plantation where such offence shall be committed And all Governours of the said Lands Islands Plantations or Territories and every of them are hereby strictly required and commanded and all who hereafter shall be made Governours of any such Islands Plantations or Territories by his Maiesty his Heirs or Sucéessors shall before their entrance into their Government take a Solemn Oath to do their utmost that every the aforementioned clauses and all the matters and things therein contained Governors c. of Plantations to take an Oath for the observance of the aforementioned clauses shall be punctually and bona fide observed according to the true intent and meaning thereof And upon complaint and proof made before His Majesty his Heirs or Successors or such as shall be by Him or them thereunto authorized and appointed that any the said Governours have béen willingly and wittingly negligent in doing their Duty accordingly that the said Governour so offending shall be removed from his Government And it is further Enacted by the Authority aforesaid That no Goods or Commodities whatsoever of the growth production or manufacture of Africa Asia or America or of any part thereof or which are described or laid down in the usual Maps or Cards of those places be imported into England Ireland or Wales Islands of Guernsey and Jersey or Town of Berwick upon Tweed in any other Ship or Ships Vessel or Vessels whatsoever but in such as do truly and without fraud belong only to the people of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or of the Lands Islands Plantations or Territories in Asia Africa or America to His Majesty belonging as the proprietors and right owners thereof and whereof the Master and thrée Fourths at least of the Mariners are English under the penalty of the Forfeiture of all such Goods and Commodities and of the Ship or Vessel in which they were Imported with all her Guns Tackle Furniture Ammunition and apparel one Moyety to his Majesty his Heirs and Successors and the other moyety to him or them who shall seize inform or sue for the same in any Court of Record by Bill Information Plaint or other Action wherein no Essoin Protection or Wager in Law shall be allowed And it is further Enacted by the Authority aforesaid No Goods of forreign groweth or manufacture shall be brought into England c. in English Ships but onely from the places of their said growth c. That no Goods or Commodities that are of forreign Growth Production or Manufacture and which are to be brought into England Ireland Wales the Islands of Guernsey and Jersey or Town of Berwick upon Tweed in English-built shipping or other shipping belonging to some of the aforesaid places and Navigated by English Mariners as abovesaid shall be shipped or brought from any other Place or Places Countrey or Countreys but onely from those of the said Growth Production or Manufacture or from those Ports where the said Goods and Commodities can onely or are or usually have béen first shipped for transportation and from none other Places or Countreys under the penalty of the Forfeiture of all such of the aforesaid Goods as shall be Imported from any other Place or Country contrary to the true intent and meaning hereof as also of the Ship in which they were Imported with all her Guns Furniture Ammunition Tackle and Apparel one Moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall seize inform or sue for the same in any Court of Record to be recovered as is before exprest All ling stockfish c. oyl c. Whale â—ins c. imported not caught in vessels by the proprietors themselves c. shall pay double Aliens custom And it is further Enacted by the authority aforesaid That any sort of Ling Stockfish Pilchard or any other kind of dryed or salted fish usually fished for and caught by the People of England Ireland Wales Town of Barwick upon Tweed or any sort of Codfish or Herring or any Oyl or Blubber made or that shall be made of any kind of fish whatsoever or any Whale-fins or Whale-bones which shall be imported into England Ireland Wales or Town of Berwick upon Tweed not having béen caught in Vessels truly properly belonging thereunto as Proprietors and right Owners thereof and the said Fish cured saved and dryed and the Oyl and Blubber aforesaid which shall be accompted and pay as oyl not made by the people thereof and shall be imported into England Ireland or Wales or Town of Berwick upon Tweed shall pay double Aliens custom No goods to be â—aâ—ed or carryed from one part of England to another in the vessel of any Alien not denizend c. And be it further Enacted by the authority aforesaid That from henceforth it shall not be lawfull to any person or persons whatsoever to Load or cause to be Loaden carried in any Bottom or Bottoms Ship or Ships Vessel or Vessels whatsoever whereof any Stranger or Strangers born unless such as be Denizens or Naturalized be Owners Part-owners or Master and whereof thrée fourths of the Mariners at least shall not be English any Fish Victual Wares Goods Commodities or things of what kind or Nature soever the same shall be from one Port or Créek of England Ireland Wales Islands of Guernsey or Jersey or Town of Berwick upon Tweed to another Port or Créek of the same The penalty or of any of them under penalty for every one that shall offend contrary to the true meaning of this branch of this present Act to forfeit all such goods as shall be loaden and carried in any such Ship or Vessel together with the Ship or Vessel and all her Guns Ammunition Tackle Furniture and Apparel one Moyety to his Majesty his Heirs and Successors and the other Moyety to him or them that shall Inform Ease and abatement in the book of rates to extend only where three parts of the Marriners be English Seize or Sue for the same in any Court of Record to be recovered in manner aforesaid And it is further Enacted by the authority aforesaid That where any Ease Abatement or Priviledge is given in the Book of Rates to goods or Commodities Imported or Exported in English built Shipping that is to say shipping built in England Ireland Wales Islands of Guernsey or Jersey or town of Berwick upon Tweed or in any the Lands Islands Dominions and
Territories to His Majesty in Africa Asia or America belonging or in his possession That it is alwayes to be understood and Provided that the Master and thrée fourths of the Mariners of the said Ships at least be also English And that where it is required that the Master and thrée fourths of the Mariners be English that the true intent and meaning thereof is that they should be such during the whole voyage unless in case of sickness Death or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other chief Officer of such ships Goods of the growth or manufacture of Muscovy or Russia And it is further Enacted by the Authority aforesaid That no Goods or Commodities of the Growth production or Manufacture of Muscovy or of any the Countries Dominions or Territories to the great Duke or Emperor of Muscovy or Russia belonging As also that no sort of Masts Timber or Boards no foreign Salt pitch Tar Rozin Hemp or Flax Raisins Figs Prunes Olive Oyls no sorts of Corn or Grain Sugar Pot-ashes Wines Vinegar or Spirits called Aquavite or Brandy Wine shall from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one be imported into England Ireland Wales or Town of Berwick upon Tweed in any Ship or Ships Vessel or Vessels whatsoever but in such as do truly and without fraud belong to the people thereof or of some of them as the true Owners and proprietors thereof and whereof the Master and Thrée Fourths of the Mariners at least are English Othoman or Turkish Emperor and that no Currants nor Commodities of the growth production or Manufacture of any the Countries Islands Dominions or Territories to the Othoman or Turkish Empire belonging shall from and after the first day of September which shall be in the year of our Lord One thousand six hundred sixty one be imported into any the forementioned places in any Ship or Vessel but which is of English built and Navigated as aforesaid and in no other Except only such forrain ships and vessels as are of the built of that Country or place of which the said Goods are the growth production or Manufacture respectively or of such port where the said Goods can only be or most usually are first shipped for transportation and whereof the Master and Thrée Fourths of the Mariners at least are of the said Country or place under the penalty and Forfeiture of ship and Goods to be disposed and recovered as in the foregoing clause Frauds in concealing Aliens goods how to be prevented Provided alwayes and be it hereby Enacted by the Authority aforesaid That for the prevention of the great frauds daily used in colouring and concealing of Aliens Goods all Wines of the growth of France or Germany which from and after the Twentieth day of October One thousand six hundred and sixty shall be Imported into any the Ports or places aforesaid in any other Ship or Vessel then which doth truly and without fraud belong to England Ireland Wales or Town of Berwick upon Tweed and Navigated with the Mariners thereof as aforesaid shall be déemed Aliens goods and pay all Strangers Customs and Duties to His Majesty his Heirs and Successors as also to the Town or Port into which they shall be Imported And that all sorts of Masts Timber or Boards as also all forraign Salt Pitch Tar Rozin Hemp Flax Raisins Figs Prunes Olive Oyls all sorts of Corn or Grain Sugar Pot-ashes Spirits commonly called Brandy Wine or Aqua-vitae Wines of the growth of Spain the Islands of the Canaries or Portugal Madera or Western Islands and all goods of the growth Production or Manufacture of Moscovy or Russia which from and after the First day of April which shall be in the year of Our Lord one thousand six hundred sixty one shall be Imported into any of the aforesaid places in any other then such shipping and so Navigated and all Currants and Turky Commodities which from and after the first day of September One thousand six hundred sixty one shall be Imported into any the places aforesaid in any other then English built shipping and Navigated as aforesaid shall be déemed Aliens Goods and pay accordingly to his Majesty His Heirs and Successors and to the Town or Port into which they shall be Imported And for prevention of all frauds which may be used in colouring or buying of Forein Ships How to prevent Frauds in colouring and buying Forrein ships Be it Enacted by the Authority aforesaid and it is hereby Enacted That from and after the first day of April which shall be in the Year of our Lord One thousand six hundred sixty one no Forein built ship or Vessel whatsoever shall be déemed or pass as a ship to England Ireland Wales or Town of Berwick or any of them belonging or enjoy the benefit or Priviledge of such a ship or Vessel untill such time that he or they claiming the said ship or Vessel to be theirs shall make appear to the chief Officer or Officers of the customs in the Port next to the place of his or their aboad that he or they are not Aliens and shall have taken an Oath before such chief Officer or Officers who are hereby Authorized to Administer the same That such Ship or Vessel was bona fide and without fraud by him or them bought for a valuable consideration expressing the sum as also the time place and persons from whom it was bought and who are his part Owners if he have any all which part-owners shall be liable to take the said Oath before the chief Officer or Officers of the Custom-house of the Port next to the place of their aboad and that no Forreiner directly or indirectly hath any part interest or share therein and that upon such Oath he or they shall receive a Certificate under the Hand and Seal of the said chief Officer or Officers of the Port where such person or persons so making Oath do reside whereby such Ship or Vessel may for the future pass and be déemed as a Ship belonging to the said Port and enjoy the priviledge of such a Ship or Vessel And the said Officer or Officers shall kéep a Register of all such Certificates as he or they shall so give and return a Duplicate thereof to the chief Officers of the customs at London for such as shall be granted in England Wales and Berwick and to the Chief Officers of the customs at Dublin for such as shall be given in Ireland together with the Names of the person or persons from whom such Ship was bought and the sum of Money which was paid for her as also the Names of all such persons who are part-owners of her if any such be And be it further Enacted by the Authority aforesaid Officers of the custom not to allow any priviledge to any forrein built ship untill certificate or proof
c. That if any Officer of the Customs shall from and after the said First day of April allow the priviledge of being a Ship or Vessel to England Ireland Wales or Town of Berwick or any of them belonging to any Forreign built Ship or Vessel untill such Certificate be before them produced or such Proof and oath taken before them or if any Officer of the Customs shall allow the priviledge of an English built ship or other Ship to any the aforesaid places belonging to any English or Forrien built Ship coming into any Port and making entry of any Goods untill Examination whether the Master and thrée Fourths of the Mariners be English or shal allow to any Forreign built ship bringing in the Commodities of the Growth of the Country where it was built the priviledge by this Act to such Ship given untill Examination and Proof whether it be a ship of the built of that Country and that the Master and thrée Fourths of the Mariners are of that Country or if any Person who is or shall be made Governor of any Lands Islands Plantations or Territories in Africa Asia or America by his Majesty His Heirs or Successors shall suffer any Forrein built Ship or Vessel to load or unload any Goods or Commodities within the Precincts of their Goverments untill such Certificate be produced before them or such as shall be by them appointed to view the same and Examination whether the Master and thrée Fourths of the Mariners at least be English that for the first offence such Officer of the Customs and Governors shall be put out of their places Offices or Governments Provided alwayes That this Act or any thing therein contained extend not Proviso for goods of the Streights or Levant or be meant to restrain and prohibite the Importation of any the Commodities of the Streights or Levant Seas loaden in English built shipping and wherof the Master and thrée fourths of the Mariners at least are English from the usual Ports or places for lading of them heretofore within the said Streights or Levant Seas though the said Commodities be not of the very growth of the said places Provided also that this Act or any thing therein contained extend not or be meant to restrain the Importing of any East India Commodities loaden in English built shipping and whereof the Master and thrée fourths of the Mariners at least are English from the usual place or places for lading of them in any part of those Seas to the South-Ward and Eastward of Cabo bona speranza although the Ports be not thâ—â—bery Places of their growth Provided also That it shall and may be lawful to and for any of the people of England Ireland East India Commodities Proviso for goods imported from Spain Portugal Azores Madera or Canary Islands Wales Islands of Guernsey or Jersey or town of Berwick upon Tweed in Vessels or Ships to them belonging and whereof the Master and thrée fourths of the Mariners at least are English to load and bring in from any of the Ports of Spain or Portugal or Western Islands commonly called Azores or Madera or Canary Islands all sorts of Goods or Commodities of the Growth Production or Manufacture of the Plantation or Dominions of either of them respectively Proviso for Bullion and goods taken by way of Repâ—isal Provided That this Act or any thing therein contained extend not to Bullion nor yet to any Goods taken or that shall be bona fide taken by way of Reprisal by any Ship or Ships belonging to England Ireland or Wales Islands of Guernsey or Jersey or Town of Berwick upon Tweed and whereof the Master and thrée Fourths of the Mariners at feast are English having Commission from his Majesty his Heirs or Successors Proviso concerning goods of Scotland Provided alwayes That this Act or any thing therein contained shall not extend or be construed to extend to lay Aliens Duties upon any Corn of the growth of Scotland or to any Salt made in Scotland nor to any Fish caught saved and cured by the People of Scotland and Imported directly from Scotland in Scotch built Ships Goods of Russia and whereof the Master and thrée Fourths of the Mariners are of His Maiesties Subiects nor to any Seal Oyl of Russia Imported from thence into England Ireland Wales or Town of Berwick upon Tweed in shipping bona fide to some of the said places belonging and whereof the Master and three Fourths of the Mariners at least are English The duty payable upon goods in French ships Provided also and it is hereby Enacted That every Ship or Vessel belonging to any the Subjects of the French King which from and after the Twentieth day of October in the year of our Lord one thousand six hundred and sixty shall come into any Port Creek Harbor of Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or Commodities or take in or set on Shore any passengers shall pay to the Collector of His Majesties Customs in such Port Créek Harbor or Road for every Tun of which the said Ship or Vessel is of burthen How long to continue to be computed by such Officer of the Customs as shall be thereunto appointed the sum of five shillings currant money of England And that no such Ship or Vessel be suffered to depart out of such Port Créek Harbor or Road until the said Duty be fully paid And that this Duty shall continue to be Collected Levied and paid for such time as a certain Duty of Fifty Solls per Tun lately imposed by the French King or any part thereof shall continue to be Collected upon the shipping of England lading in France and thrée Moneths after and no longer Sugars tobacco c. of the growth of America Asia or Africa And it is further Enacted by the Authority aforesaid That from and after the First day of April which shall be in the year of our Lord One thousand six hundred sixty one noe Sugars Tobacco Cotton-wooll Indicoes Ginger Fustick or other dying wood of the growth Production or Manufacture of any English Plantations in America Asia or Africa shall be shipped carried conveyed or transported from any the said English Plantations to any Land Island Territory Dominion Port or place whatsoever other then to such other English Plantations as do belong to His Majesty His Heirs and Successors or to the Kingdom of England or Ireland or Principality of Wales or Town of Berwick upon Tweed there to be laid on shore under the penalty of the Forfeiture of the said Goods or the full value thereof as also of the Ship with all her Guns Tackle Apparel Ammunition and Furniture The one Moyety to the Kings Majesty His Heirs and Successors and the other Moyety to him or them that shall seize inform or sue for the same in any Court of Record by Bill Plaint or Information wherein no Essoign
Protection or Wager of Law shall be allowed And be it further Enacted by the Authority aforesaid That for every Ship or Vessel which from and after the Five and twentieth day of December Ships of England Ireland or Wales Sailing to any English plantation of America Asia or Africa shall be bound with sureties to bring goods there loaded into England c. in the year of our Lord one thousand six hundred and fifty shall set sail out of or from England Ireland Wales or Town of Berwick upon Tweed for any English Plantation in America Asia or Africa sufficient bond shall be given with one surety to the chief Officers of the Custom-house of such Port or place from whence the said Ship shall set sail to the value of one thousand pounds if the ship be of less burthen then one hundred Tuns and of the sum of two thousand pounds if the Ship shall be of greater burthen That in case the said ship or vessel shal load any of the said Commodities at any of the said English plantations that the same Commodities shall be by the said ship brought to some Port of England Ireland Wales or to the Port or Town of Berwick upon Tweed and shall there unload and put on shore the same the danger of the Seas only excepted And for all ships coming from any other Port or Place to any of the aforesaid plantations who by this Act are permitted to trade there that the Governor of such English plantations shall before the said ship or Vessel be permitted to load on board any of the said Commodities take Bond in manner and to the value aforesaid for each respective Ship or Vessel That such Ship or Vessel shall carry all the aforesaid Goods that be laden on board in the said ship to some other of His Majesties English Plantations or to England Ships coming from other places to any of those plantations Ireland Wales or Town of Berwick upon Tweed And that every ship or Vessel which shall load or take on board any of the aforesaid Goods untill such Bond given to the said Governor or Certificate produced from the Officers of any Custom-house of England Ireland Wales or of the Town of Berwick that such bonds have béen there â—â—ly given shall be forefeited with all her Guns Tackle Apparel and Furniture to be imployed and recovered in the manner as aforesaid And the said Governors and every of them shall twice in every year after the First day of January The respective Governors to return the bonds taken twice yearly to the chief offices of the custom in London One thousand six hundred and sixty return true Copies of all such Bonds by him so taken to the chief Officers of the Customs in London St. 13. Car. 2. cap. 14. CAP. XIX For preventing Frauds and concealments of Customs and Subsidies BE it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled That if any person or persons at any time after the first day of September One thousand six hundred and sixty Persons which shall convey away any goods without entry agreement for the custome shall cause any Goods for which Custom Subsidy or other Duties are due or payable by vertue of the Act passed this Parliament Entituled A Subsidy Granted to the King of Tunnage and Poundage and other sums of money payable upon Merchandize Exported and Imported to be landed or conveyed away without due entry thereof first made and the Customer or Collector or his Deputy agréed with That then and in such case upon Oath thereof made before the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto The penalty it shall be lawful to and for the Lord Treasurer or any of the Barons aforesaid or chief Magistrate of the Port or place where the offence shall be committed or the place next adjoyning thereunto to issue out a Warrant to any person or persons thereby enabling him or them with the assistance of a Sheriff Iustice of Peace or Constable to enter into any house in the day time where such Goods are suspected to be concealed and in case of resistance to break open such houses and to seize and secure the same goods so concealed And all Officers and Ministers of Iustice are hereby required to be aiding and assisting thereunto Provided alwayes That no house shall be entred by vertue of this Act No proceeding against any upon this Act unless within one month after the offence committed The continuance of this Act. Damages and costs against false informers unless it be within the space of one Moneth after the offence supposed to be committed Provided also That this Act shall continue in force unto the end of the first Session of the next Parliament and no longer Provided also That if the Information whereupon any house shall come to be searched shall prove to be false that then and in such case the party injured shall recover his full damages and costs against the Informer by Action of Trespass to be therefore brought against such Informer St. 13 Car. 2. cap. 7. CAP. XX. For raising Sevenscore thousand pounds for the compleat Disbanding of the whole Army and paying off some part of the Navy by a two Moneths Assesment of 70000 l. per mensem beginning from the first of November 1660. EXP. Stat. 13 Car. 2. cap. 6. CAP. XXI An Act for the speedy raising of Seventy thousand pounds for the present supply of His Majesty EXP. Stat. 13 Car. 2. cap. 6. cap. 10. CAP. XXII Bay-making in the Dutch Bay-Hall in Colchester regulated CAP. XXIII Certain Impositions upon Beer Ale and other Liquors For the Encrease of His Majesties Revenue during His Life THe Commons assembled in Parliament in gratitude for an humble acknowledgment of Your Majesties great Grace and Favour to us Your Commons beyond Example of any Your Royal Progenitors expressed in many publick Acts and Declarations to the great rejoycing and general satisfaction of all Your people The raâ—es given to his Majesty for life which they desire to answer with returns suitable and excéeding the Examples of any of their Ancestors for the encreasing of your Maiesties Revenue during Your Maiesties Reign which God long continue Do therefore give and grant unto your most Excellent Majesty the Rates and Duties Impositions Charges and sums of Money herein after following And do beséech your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Maiesty by and with the advice and consent of the Lords and Commons in Parliament Assembled That from and after the twenty fifth day of December One thousand six hundred and sixty there shall be throughout your Maiesties Kingdom of England Dominion of Wales and Town of Berwick upon Tweed
shall cause to be proclaimed in the Market Town next to such place Penalty for taking more then limited for lodging c. and in such of the Neighbouring Towns and Villages as to them shall séem méet to the end that notice may be taken of such Rates and Prices And if any person shall take any other sum then what is or shall be so limited either for Lodging Horse-meat Stable-room or other such accomodations and be thereof convicted by confession of the party or by the Oath of one credible witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer That then in such case every person so offending shall forfeit and pay to the party grieved the sum of Forty shillings the same to be levied by distress by Warrant from the said Iustice of the Peace and sale thereof returning the overplus to the party the charge of the distraining being first deducted This Act to have continuance till the end of the first Session of the next Parliament and no longer CAP. IX Articles and Orders for the regulating and better Government of His Majesties Navies Ships of War and Forces by Sea FOr the regulating and better Government of his Majesties Navies Ships of War and Forces by Sea wherein under the good Providence and Protection of God the Wealth Safety and Strength of this Kingdom is so much concerned Articles to be observed Be it Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof That all and every the Articles and Orders in this Act mentioned shall be duely and respectively put in Execution observed and obeyed in manner hereafter mentioned I. The publick Worship of God THat all Commanders Captains and other Officers at Sea shall cause the publick Worship of Almighty God according to the Liturgy of the Church of England established by Law to be solemnly orderly and reverently performed in their respective Ships And that prayers and preachings by the respective Chaplains in holy Orders of the respective Ships be performed diligently and that the Lords Day be observed according to Law II. Swearing Drunkenness c. Every person and persons in his Majesties pay using unlawful and rash Oaths Cursings Execrations Drunkenness Vncleanness or other Scandalous Actions in derogation of Gods Honour and corruption of good manners shall be punished by Fine Imprisonment or otherwise as the Court-Martial shall think fit III. Holding any forreign Intelligence If any Officer Mariner Souldier or other person in the Fléet shall give hold or entertain Intelligence to or with any King Prince or State being Enemy to or any persons in Rebellion against his Majesty his Heirs and Successors without direction or leave from the Kings Majesty the Lord High Admiral Vice-Admiral or Commander in Chief of any Squadron every such person or persons so offending shall be punished with death IV. Letters or Messages from any forreign Prince c. Enemy to the King If any Letter or Message from any King Forrein Prince State or Potentate being an Enemy to the Kings Majestie his Heirs and Successors or on their behalf be conveyed to any Inferiour Officer Mariner or Souldier or other in the Fléet and the said Officer Mariner Souldier or other as aforesaid do not within twelve hours having opportunity so to do acquaint the Superiour Commander with it or if a Superiour Officer or Mariner being acquainted therewith by an Inferiour Officer Mariner or other or himself in his own person receiving a letter or message from any such Enemy or Rebel and shall not in convenient time reveal the same to the Admiral Vice-Admiral or the Commander of the Squadron every such person shall be punished with death or such other punishment as the Court-Martial shall think fit V. Relieving of any Enemy No person or persons of the Fléet shall relieve an Enemy or Rebel in time of War with money Victuals Powder Shot Arms Ammunition or any other Supplies whatsoever directly or indirectly upon pain of death or such other punishment as the Court-Martial shall think fit to impose VI. Papers Charter-Parties c. taken in any Ship seised as Prize All the Papers Charter-Parties Bills of Lading Pasports and other Writings whatsoever that shall be taken seized or found aboard any Ship or Ships which shall be surprised or seised as Prize shall be duly preserved and not torn nor made away but the very Originals sent up intirely and without fraud to the Court of Admiralty or such other Commissioners as shall be appointed for that purpose there to be viewed made use of and procéeded upon according to Law upon pain of loss of all the shares of the Takers and such further punishment to be inflicted upon the Offenders therein as the quality of their offence and misdemeanor shall be found to deserve and the Court-Martial shall impose VII Prize Ships or Goods seised for prize None in his Majesties pay shall take out of any Prize or Ship or Goods seized on for Prize any Money Plate Goods Lading or Tackle before Iudgment thereof first past in the Admiralty Court but the full and intire accompt of the whole without imbezelment shall be brought in and Iudgment past intirely upon the whole without fraud upon pain of such punishment as shall be imposed by a Court-Martial or the Court of Admiralty excepting That it shall be lawful for all Captains Sea-men Souldiers and others serving as aforesaid to take and to have to themselves as Pillage without further or other accompt to be given for the same all such Goods and Merchandizes other then Arms Ammunition Tackle Furniture or Stores of such Ship as shall be found by them or any of them in any Ship they shall take in fight or prize upon or above the Gun-deck of the said Ship and not otherwise VIII Imbezeling any Cables Anchors c. None shall imbezle steal or take away any Cables Anchors Sails or any of the Ships Furniture or any of the Powder or Arms or Ammunition of the Ship upon pain of death or other punishment as the quality of the offence shall be found by a Court-Martial to deserve IX Forrein ships taken as prize not making resistance If any Forrein Ship or Vessel shall be taken as prize that shall not fight or make resistance that in that case none of the Captains Masters or Mariners being Forreiners shall be stripped of their Clothes or in any sort pillaged beaten or evil entreated upon pain That the person or persons so offending shall forfeit double Damages but the said Forrein Ships and all the Goods so taken shall be preserved intire to receive Iudgment in the Admiralty Court according to Right and Iustice X. Every Captain or Commander who upon signal or order of fight or view The duty of Captains c. upon signal of
fight or sight of any Ships of the Enemy Pyrate or Rebel or likelihood of Engagement shall not put all things in his Ship in a fit posture for fight and shall not in his own person and according to his place hearten and encourage the inferiour Officers and common men to fight couragiously and not to behave themselves faintly shall be cashiered And if he or they shall yield to the Enemy Pyrate Not to yield or cry for quarter or Rebels or cry for quarter he or they so doing shall suffer the pains of death or such other punishment as the offence shall deserve XI Every Captain Commander and other Officer Sea-men or Souldier of any Ship All Officers shall observe the commands of the Admiral Frigot or Vessel of War shall duly observe the Commands of the Admiral or other his Superiour or Commander of any Squadron as well for the Assailing or Setting upon any Fléet Squadron or Ships of the Enemy Pyrate or Rebels or joyning Battel with them or making defence against them as all other the Commands of the Admiral or other his Superiour Commander upon pain to suffer death or other punishment as the quality of his neglect or offence shall deserve XII Every Captain and all other Officers Mariners and Souldiers of every Ship Frigot Officers that in time of fight shall withdraw or not fight or Vessel of War that shall in time of any fight or engagement withdraw or kéep back or not come into the fight and engage and do his utmost to take fire kill and endamage the Enemy Pirate or Rebels and assist and relieve all and every of his Majesties Ships shall for such offence of cowardize or disaffection be tryed and suffer pains of death or other punishment as the circumstances of the offence shall deserve and the Court-Martiall shall judge fit XIII The Captains Officers and Sea-men of all Ships Officers and Ships appointed for Convoy their duty appointed for Convoy and Guard of Merchants Ships or any other shall diligently attend upon that Charge without delay according to their Instructions in that behalf and whosoever shall be faulty therein and shall not faithfully perform the same and defend the Ships and Goods in their Convoy without either diverting to other Parts or Occasions or refusing or neglecting to fight in their defence Penalty for non-performance if they be set upon or assailed or running away cowardly and submitting those in their Convoy to hazard and peril or shall demand and exact any money or other Reward from any Merchant or Master for convoying of any such Ships or other Vessels belonging to his Majesties Subjects shall be condemned to make reparation of the damage to the Merchants Owners and others as the Court of Admiralty shall adjudge and also be punished criminally according to the quality of their offences be it by pains of death or other punishment according as shall be judged fit by the Court-Martial XIV Whatsoever Person or Persons in or belonging to the Fléet either through cowardize The penalty for not chasing an Enemy or not relievieg a Friend negligence or disaffection shall forbear to pursue the chase of any Enemy or Pyrate or Rebel beaten or flying or shall not relieve or assist a known friend in view to the utmost of his power shall be punished with death or otherwise as a Court-Martial shall find fit XV. When at any time service or action shall be commanded Service commanded shall not be stopped or discouraged no man shall presume to stop or put backward or discourage the said service and action by pretence of Arrears of Wages or upon any pretence of Wages whatsoever upon pain of death XVI All Sea-Captains Officers and Sea-men that shall betray their trust or turn to the Enemy None shall betray their trust nor yield to the Enemy Pyrate or Rebels and either run away with their Ship or any Ordnance Ammunition or Provision to the weakning of the Service or yield the same up to the Enemy Pyrate or Rebels shall be punished with death XVII All Sea-Captains Officers or Mariners Deserting the Service or running away that shall desert the Service or their Imployment in the Ships or shall run away or intice any others so to do shall be punished with death XVIII All persons whatsoever that shall come or be found in the nature of Spies Spies to bring any seducing Letters or Messages from any Enemy or Rebel or shall attempt or endeavour to corrupt any Captain Officer Mariner or other of the Navy or Fléet to betray his or their Trust and yield up any Ship or Ammunition or turn to the Enemy or Rebel shall be punished with death XIX No person in or belonging to the Fléet shall utter any words of Sedition or Mutiny Sedition mutiny nor make or endeavour to make any Mutinous Assemblies upon any pretence whatsoever upon pain of death XX. Concealers of trayterous or mutinous practices or words No person in or belonging to the Fléet shall conceal any Trayterous or Mutinous practices designs or words or any words spoken by any to the prejudice of his Majesty or Government or any words practices or designs tending to the hindrance of the Service but shall forthwith reveal them to his Superiour that a méet procéeding may be had thereupon upon pain of such punishment as a Court-Martial shall find to be just XXI Quarrelling or striking a Superiour Officer None shall presume to quarrel with his Superior Officer upon pain of severe punishment nor to strike any such upon pain of death or otherwise as a Court-Martial shall find the matter to deserve XXII Vnwholsomness of Victuals If any of the Fléet find cause of Complaint of the unwholsomness of his Victuals or upon other just ground he shall quietly make the same known to his Superiour or Captain or Commander in chief as the occasion may deserve that such present remedy may be had as the matter may require and the said Superiour or Commander is to cause the same to be presently remedied accordingly but no person upon any such or other pretence shall privately attempt to stir up any disturbance upon pain of such severe punishment as a Court-Martial shall find méet to inflict XXIII Quarrelling or provoking speeches None shall quarrel or fight in the Ship nor use reproachful or provoking Spéeches tending to make any quarrel or disturbance upon pain of Imprisonment and such other punishment as the offence shall deserve and the Court-Martial shall impose XXIV Wastful expence of Ammunition That there be no wastful expence of any Powder Shot Ammunition or other Stores in the Fléet nor any imbezelment thereof but that the Stores and Provisions be carefully preserved upon such penalties by Fine Imprisonment or otherwise upon the Offenders Abetters Buyers and Receivers as shall be by a Court-Martial found just in that behalf XXV Care of conducting and steering ships That
care be taken in the Conducting and Stéering of the Ships that through wilfulness negligence or other defaults none of his Majesties Ships be stranded or run upon any Rocks or Sands or split or hazarded upon pain that such as shall be found guilty therein be punished by Fine Imprisonment or otherwise as the offence by a Court-Martial shall be adjudged to deserve XXVI Burning a Ship All persons that shall willingly burn or set fire on any Ship or Magazine or Store of Powder or Ship Boat Ketch Hoy or Vessel or Tackle or Furniture thereto belonging not appertaining to an Enemy or Rebel shall be punished with death XXVII Sleeping upon Watch. No Man in or belonging to the Fléet shall sléep upon his Watch or negligently perform the Duty imposed on him or forsake his station upon pain of death or other punishment as the circumstances of the Case shall require XXVIII Murthers All Murthers and wilful Killing of any persons in the Ship shall be punished with death XXIX Robbery and Theft All Robbery and Theft committed by any person in or belonging to the Fléet shall be punished with death or otherwise as the Court-Martiall upon consideration of circumstances shall find méet XXX Provost-Marâ—ial prisoners No Provost-Marshal belonging to the Fléet shall refuse to receive or kéep any Prisoner committed to his charge nor suffer him to escape being once in his custody nor dismiss him without order upon pain of being lyable to the same punishment which should have béen inflicted upon the party dismissed or permitted to escape or such other punishment as the Court-Martial shall think fit XXXI Apprehending offenders All Captains Officers and Sea-men shall do their endeavours to detect apprehend and bring to punishment all offenders and shall assist the Officers appointed for that purpose therein upon pain to be procéeded against and punished by the Court-Martial at discretion XXXII Sodomy If any person or persons in or belonging to the Fléet shall commit the unnatural and detestable sin of Buggery or Sodomy with Man or Beast he shall be punished with death without mercy XXXIII Misdemeanors and Disorders at Sea All other Faults Misdemeanors and Disorders committed at Sea not mentioned in this Act shall be punished according to the Laws and Customs in such Cases used at Sea XXXIV And it is hereby further Enacted The Lord High Admirals power to grant Commissions to call Court Martialls That the Lord High Admiral for the time being shall by vertue of this Act have full power and Authority to grant Commissions to inferiour Vice-Admirals or Commander in chief of any Squadron of Ships to call and assemble Court-Martials consisting of Commanders and Captains and no Court-Martial where the pains of death shall be inflicted shall consist of less then five Captains at least the Admirals Lieutenant to be as to this purpose estéemed as a Captain and in no case wherein sentence of Death shall pass by vertue of the Articles aforesaid or any of them except in case of Mutiny there shall be execution of such Sentence of Death without the leave of the Lord High Admiral if the offence be committed within the Narrow-Seas But in case any of the offences aforesaid be committed in any Voyage beyond the Narrow-Seas whereupon Sentence of death shall be given in pursuance of the aforesaid Articles or of any of them then Execution shall not be done but by Order of the Commander in chief of that Fléet or Squadron wherein Sentence of death was passed XXXV And be it further Enacted and Declared That the Iudge-Advocate of any Fléet Iudg Advocate of any fleet to administer an oath for tryal of offences Court Martiall for the time being shall have full power and Authority to administer an Oath to any person or witness in order to the Examination or Tryal of any of the offences aforesaid and in the absence of a Iudg-Advocate the Court-Martial shall have full power and Authority to appoint any person to administer an Oath to the purpose aforesaid Provided also and be it further Enacted by the Authority aforesaid Proviso touching the powers of the Lord Admiral That this Act or any thing or things therein contained shall not in any manner of wise extend to give unto the Lord Admiral of England for the time being or to any his Vice-Admirals Iudg or Iudges of the Admiralty his or their Deputy or Deputies or to any other the Officers or Ministers of the Admiralty or to any others having or claiming any Admiral Power Iurisdiction or Authority within this Realm and Wales or any other the Kings Dominions any other power right Iurisdiction Preheminence or Authority then he or they or any of them lawfully have hath or had or ought to have and enjoy before the making of this Act other then for such of the offences specified in the several Articles contained in this Act as hereafter shall be done upon the main Sea or in Ships or Vessels being and hovering in the main Stream of great Rivers only beneath the Bridges of the same Rivers nigh to the Sea within the Iurisdiction of the Admiralty and in none other places whatsoever and committed only by such persons as shall be in actual Service and pay in His Majesties Fléet or Ships of War CAP. X. For preventing the unlawfull Coursing Hunting or Killing of Deer For the better preventing of the unlawful Coursing Hunting Taking or Killing of Déer Vnlawfull hunting or killing of Deer by many Idle Loose and disorderly persons Be it Enacted by the Kings most Excellent Majesty and by the advice and Consent of the Lords and Commons in Parliament Assembled and by the Authority of the same That if any person or persons shall from and after the first day of August next unlawfully course kill hunt or take away any Red or Fallow Déer in any Forrest Chase Purleiw Paddock Wood Park or other Ground where Déer are or have béen usually kept within the Realm of England or Dominion of Wales without the consent of the Owner or person chiefly intrusted with the custody thereof or shall be aiding or assisting therein and shall be convicted thereof by the confession of the party or by the Oath of one or more credible witnesses before one or more Iustices of the Peace who are hereby impowred to administer an Oath to that purpose such person being prosecuted for such offence within six moneths after such offence done that then every person so offending shall forfeit for every such offence the sum of Twenty pounds to be levied by way of Distress upon the Goods and Chattels of every such Offender by Warrant under the Iustices hand before whom such conviction shall be made The Penalty the one moyety of the said Twenty pounds to be given to the Informer and the other moyety to the Owner of the Déer And for want of sufficient Distress the Offender shall be committed to the House of Correction
alwayes That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-Bishop Bishop or any other Spiritual or Ecclesiastical Iudg Officer or other person or persons aforesaid any power or authority to exercise execute inflict or determine any Ecclesiastical Iurisdiction Censure or Coertion which they might not by Law have done before the year of our Lord 1639 nor to abridg or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs nor to confirm the Canons made in the year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly confirmed allowed or Enacted by Parliament or by the established Laws of the Land as they stood in the year of the Lord 1639. CAP. XIII The Arrears of the Excise and New Impost vested in His Majesty BE it Declared and Enacted by the Kings most Excellent Majesty All Moneys owing upon Excise by any Laws or Ordinances vested in his Majesty by and with the advice and consent of the Lords and Commons assembled in Parliament and by the Authority thereof That all and every sum and sums of money any wayes due or owing from or by any person or persons whatsoever for or touching the Imposition or Duty called the Excise heretofore imposed and made payable upon Béer Ale or any other Commodities by any Laws or pretended Laws or Ordinances and all Debts therefore owing whether by Obligation or upon Accompt from Farmers of Excise or any other person or persons whatsoever or any of their Securities and not pardoned by his Majesties most Gratious Act of Pardon and Oblivion be and are hereby vested and setled in the Kings Majesty his Heirs and Successors and that his Sacred Majesty his Heirs and Successors may from time to time and at all times hereafter have demand sue for and recover the same of all and every person and persons their Heirs Executors and Administrators having Assets who are any way accomptable for the same or any part thereof and from his and their respective Sureties and Securities as if the same Duties of Excise had béen lawfully Assessed Imposed and Collected and as if the several pretended Acts Orders and Ordinances Assessing and Imposing the same had béen good true legal and effectual Acts of Parliament and had in express words given and granted all and every the said Duties of Excise or new Impost unto his Majesty and as if the Obligations and Recognizances entred into by the respective Sureties and Securities had at the time of entring into the same béen taken in his Majesties Name according to the form prescribed in the Statute made in the Thrée and thirtieth year of the Reign of King Henry the Eight 33 H. 8. c. 39. Provided alwayes That all and every person and persons accomptable by vertue of this Act Proviso for allowances St. 12 Car. 2. cap. 11. shall have all such due allowance in his or their accompts as all such persons whose accompts are accepted in an Act Intituled An Act of Free and General Pardon Indempnity and Oblivion have or ought to have Provided alwayes Proviso no person to be questioned unless he be such before the 25 of December 1662. All persons accomptable shall have authority to levy and recover all Arrears That no person shall be questioned or molested for any of the Duties herein or hereby vested in his Majesty unless he shall be sued or prosecuted with effect before the Five and twentieth day of December which shall be in the year of our Lord One thousand six hundred sixty two Provided also and be it Enacted by the Authority aforesaid That all persons accomptable to his Majesty by this Act shall have power and authority and are hereby enabled to sue for levy and recover from any person or persons who do stand indebted unto them in any sum of money for the Duty or Impost of Excise for which they are hereby accomptable all sums of money and Arrears unsatisfied in as full and ample manner and form as they might have received and levied the same when they first grew due CAP. XIV The Confirmation of an Act Entituled An Act for Encouraging and Increasing of Shipping and Navigation and several other Acts both Publick and Private mentioned therein WHereas during the late difficulties and exigencies of affairs in the absence of his most Excellent Majesty and in reference to his return from beyond the Seas into these his Majesties Dominions The Lords and Commons being assembled at Westminster the Five and twentieth day of April in the twelfth year of his Majesties Reign were from thence and after his Majesties return continued untill the nine and twentieth day of December then next following and now last past and then dissolved by his Majesty in which time several Acts were passed by his Majesty by and with the advice and consent of the said Lords and Commons assembled as aforesaid which being of necessary use are fit to be continued and confirmed although the manner of the said assembling enforced by the difficulties and exigencies aforesaid which then lay upon the Nation is not to be drawn into example Be it therefore Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament Assembled and by the Authority of the same That all and singular the Acts made or mentioned to be made by his said Majesty by and with the advice or consent of the Lords and Commons upon or since the said Five and twentieth day of April herein after particularly mentioned and expressed that is to say One Act Entituled An Act for the encouraging and increasing of Shipping and Navigation One other Act St. 12 Car. 2. cap. 18. St. 12 Car. 2. cap. 32. St. 12 Car. 2. cap. 36. St. 12 Car. 2. cap. 34. St. 12 Car. 2. cap. 13. St. 12 Car. 2. cap. 6. Entituled An Act for Prohibiting the Exportation of Wooll Wool-fells Fullers Earth or any kind of Scouring Earth One other Act Entituled An Act Impowring the Master of the Rolls for the time being for to make Leases for years in order to new build the old Houses belonging to the Rolls One other Act Entituled An Act for prohibiting the Planting Setting or Sowing of Tobacco in England and Ireland One other Act Entituled An Act for restraining the taking of Excessive Usury One other Act Entituled An Act for the present nominating of Commissioners of Sewers One other Act Entituled An Act for the Incorporating of the Master and Wardens of the Company of Haberdashers LONDON to be Governors of the Free-School and Alms-houses in Newport in the County of Salop of the Foundation of William Adams and for Setling of Lands and Possessions on them for maintenance thereof and other charitable Uses And all and every the Clauses Sentences and Articles in them and every of them contained shall be and hereby are Ratified and Confirmed and Enacted and Declared
to 12 ◠a lawful Oath 16 Car. 2. c. 4. and contrary to the Word of God from and after the four and twentieth day of March in this present year of our Lord One thousand six hundred sixty and one shall wilfully and obstinately refuse to take an Oath where by the Laws of the Realm he or she is or shall be bound to take the same being lawfully and duly tendred or shall endeavour to perswade any other person to whom any such Oath shall in like manner be duly and lawfully tendred to refuse and forbear the taking of the same or shall by Printing Writing or otherwise go about to maintain and defend that the taking of an Oath in any case whatsoever is altogether unlawful And if the said persons commonly called Quakers shall at any time after the said four and twentieth day of March depart from the places of their several habitations and assemble themselves to the number of five or more of the age of sixtéen years or upwards at any one time in any place under pretence of joyning in a Religious worship not authorized by the Laws of this Realm that then in all and every such cases the party so offending being thereof lawfully convict by verdict of twelve men or by his own confession or by the notorious evidence of the fact shall lose and forfeit to the Kings Majesty his Heirs and Successors for the first offence such sum as shall be imposed upon him or her not excéeding five pounds And if any person or persons being once convicted of any such offence shall again offend therein and shall in form aforesaid be thereof lawfully convicted shall for the second offence forfeit to the King our Soveraign Lord his Heirs and Successors The second offence such sum as shall be imposed upon him or her not exceeding ten pounds The said respective penalties to be levied by distress and Sale of the parties goods so convicted by warrant of the parties before whom they shall be so convicted rendring the overplus to the owners if any be and for want of such distress or non-payment of the said penalty within one wéek after such conviction that then the said parties so convicted shall for the first offence be committed to the Common-Goal or house of Correction for the space of thrée months and for the second offence during six moneths without bail or Mainprize there to be kept at hard labour which said monyes so to be levyed shall be paid to such person or persons as shall be appointed by those before whom they shall be convicted to be imployed for the increase of the stock of the House of Correction to which they shall be committed and providing materials to set them on work And if any person after he in form aforesaid hath béen twice convict of any of the said offences shall offend the third time and be thereof in form aforesaid lawfully convict that then every person so offending and convict The third offence shall for his or her third offence abjure the Realm or otherwise it shall and may be lawful to and for his Majesty his Heirs and Successors to give order and to cause him her or them to be transported in any Ship or Ships to any of his Majesties Plantations beyond the Seas And it is Ordained and Enacted by the Authority aforesaid Who may hear and determine the offences within this Act. That all and every Iustice of Oyer and Terminer Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to enquire hear and determine all and every the said Offences within the limits of their Commission to them directed and to make Process for the execution of the same as they may do against any person being indicted before them of Trespass or lawfully convicted thereof And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other chief Officer of any Corporation within their several Iurisdictions to commit to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any person or persons offending in the Premisses in order to his or their conviction aforesaid Provided alwayes and be it hereby further Enacted That if any of the said persons How persons submitting may be discharged from the penalties shall after such conviction as aforesaid take such Oath or Oaths for which he or she stands committed and also give security that he or she shall for the time to come forbear to meet in any such unlawful Assembly as aforesaid that then and from thenceforth such person and persons shall be discharged from all the penalties aforesaid any thing in this Act to the contrary notwithstanding Provided alwayes and be it Ordained and Enacted by the Authority aforesaid Lords of the Parliament That all and singular Lords of the Parliament for every third offence committed against the tenor of this Act shall be tryed by their Péers and not otherwise CAP. II. For repairing the High-wayes and Sewers and paving and keeping clean of the Streets in and about London and Westminster and for reforming of Annoyances and Disorders there and for the Regulating and Licensing of Hackney Coaches and for the enlarging of several strait and inconvenient Streets and Passages FOrasmuch as the Common High-wayes leading unto and from the Cities of London and Westminster and the Suburbs thereof and other places within the present Wéekly Bills of Mortality by reason of the multitude of Houses lately built and through the stopping and filling up the Ditches and Sewers and neglect of timely reparations are at present and for some years past have béen so miry and foul as is not only very noisom dangerous and inconvenient to the Inhabitants thereabouts but to all the Kings Liege People riding and travelling to and from the said Cities May it therefore please Your most Excellent Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled Commissioners to be named by his Majesty under the Great seal for Surveying and cleansing the Streets High-wayes and by the Authority of the same That for the Surveying Ordering and managing of the said High-wayes Stréets Allies and other Passages within the said Cities and places aforesaid and all things necessary for the Repairing Paving or kéeping clean thereof there be from henceforward Commissioners to be nominated by his Majesty under the Great Seal of England not excéeding the number of one and twenty besides such other Commissioners as are by this Act nominated and appointed whereof the Surveyor of his Majesties Works for the time being to be alwayes one that shall have their place of meeting at the Office of his Majesties Works in Scotland-yard or at some one other place as they or
sued for and disposed as hereafter in this Act is directed Provided nevertheless That this Act or any thing therein contained shall not extend to the Prohibiting the Transportation of any Leather made into Boots 5 E. 6. cap. 15. 1 Mar. cap. 8. Parl. 2. Quaere If those two Statutes be Repealed by this Proviso Who may search and seize Leather or Hides intended to be Transported Shooes or Slippers but that the same may be Transported Any thing in this Act contained to the contrary notwithstanding And be it further Enacted by the Authority aforesaid That it shall and may be lawful to and for the respective Masters and Wardens of the Cordweyners Sadlers Girdlers and Curriers of the City of London and their Deputies and all Customers Comptrollers Farmers of Customes Supervisors Searchers and other Officers belonging to the Customs and to and for all Iustices of the Peace Mayors and chief Officers of Corporations within this Realm Dominion of Wales or Town of Berwick upon Tweed from time to time as well by Land as Water to Search for and seize any Leather or Raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person or persons into any parts beyond the Seas or into Scotland other then Calves-skins and Shéep-skins as aforesaid Shaving of Leather by Tanners And whereas divers Tanners do shave cut and rake their upper-leather Hides all over and the necks of their backs and buts to the great impairing thereof and the extream prejudice of the Kingdom Be it therefore Enacted by the Authority aforesaid That every Tanner who after the Nine and twentieth day of September in the year of our Lord One thousand six hundred sixty and two The Penalty shall commit any such offence as aforesaid shall forfeit all the said Leather Backs Buts or Calve-skins so shaved cut or raked or the value thereof and it shall be lawful for the Searchers and Sealers of Leather to seize the same Leaden-Hall London And be it further Enacted That the Market for Leather in Leaden-Hall in London shall be kept on the Tuesday as now it is Any Law Vsage or Custom to the contrary in any wise notwithstanding How the Penalties shall be recovered And be it further Enacted by the Authority aforesaid That all the penalties and forfeitures and every sum and sums of money for any offence or offences herein before mentioned shall be recovered by Action of Debt Bill Plaint Information to be brought for the same in any Court or Courts at Westminster or in any Court or Courts of Records in the City Town County or place where the said offence shall be committed wherein no Wager of Law Protection or Essoign shall be admitted neither shall the same be removed out of the said County City or Town-Corporate the one half of the said forfeitures to be to the use of the Kings Majesty his Heirs and Successors and the other half thereof to the use of the Informer or Informers that shall sue for the same Transportation of Leather declared a common Nusance Leather for necessary use of Ships in Voyages Artificers dealing in cutting of Leather in London or within three miles thereof Provided also and be it Enacted That all such Exportation or Transportation of any Hides or Leather contrary to this Act is hereby adjudged and declared to be a common and publick Nusance Provided nevertheless That this Act shall not extend or be construed to prohibit the carrying or conveying of any such Hides or Leather which shall be vsed or imployed for the necessary vse or provision of any Ship or Vessel in any Voyage beyond the Seas and which shall not be sold in any forreign parts so as the number do not excéed Six Raw Hides and Thrée Tanned Hides Provided alwayes nevertheless And be it further Enacted by the Authority aforesaid That all and every Artificer dealing in cutting of Leather or other person or persons whatsoever which shall hereafter buy any Red Tanned Leather within the City of London or thrée miles thereof shall before the next Market-day within the said place for sale of Leather give Notice thereof to one or more of the Company of Curryers then exercising and using the Art and Mystery of a Curryer within the said City of London and thrée miles thereof and within thrée wéeks after such notice shall deliver or cause to be delivered the said Leather so bought except such part thereof as shall be used for Soals without being curryed tallowed or dressed unto the said Curryer or Curryers to whom such notice was given to the intent that the same may be curryed tallowed or otherwise dressed as is directed and appointed by one Act made in the First year of King James 1 Jac. cap. 22. Chapter twenty second touching the Duty of Tanners Curryers Shoemakers and others upon penalty of the forfeiture of Six shillings eight pence for every Back But Hide or Calves-skin so bought and not delivered as aforesaid for the uses and to be recovered as aforesaid And whereas it is Enacted amongst other things Leather used in London or within three miles to be searched and allowed by the Wardens of the Curriers there The Penalty by the said Act made in the First year of King James That no person or persons shall by any means occupy or put in any Made-wares within the City of London or thrée miles of the same City any Curryed Leather before the same shall be searched and allowed by the Wardens of the Curryers of London for the time being or such persons as they shall thereto assign and be Sealed with a Seal therefore to be prepared upon pain that every Shoemaker and other Artificer Cutter of Leather offending against that Article should forfeit for every Hide or Skin otherwise curryed or imployed as is aforesaid Six shillings eight pence and the value of every such Hide or Skin Be it therefore further Enacted by the Authority aforesaid That the Master and Wardens of the Company of Curryers for the time being or such persons as they shall thereto assign shall from time to time and at all seasonable times in the day time enter into any Warehouse Shop Celler or other place within the said City of London or thrée miles of the same City belonging unto any of the said Cordwainers Sadlers Girdlers or other person or persons being Artificers dealing in cutting Leather and in the presence of any two or more of them to search for and seize all such Leather intended to be Prohibited to be used by the said Clause Branch or Article as aforesaid as also for all Wares made of such Leather and if any such person or persons Artificers or Dealers as aforesaid shall oppose Penalties for opposing the Search or refuse to permit the said Master and Wardens of the Company of Curriers or such persons as they shall thereto assign to make any such search or
and may fréely enter and go on board all and every such Ship or Vessel of War and bring from thence on shoar into His Majesties Store-house belonging to the Port where such Ship shall be all Goods and Merchandizes prohibited or uncustomed which shall be found aboard any such Ship as aforesaid And be it hereby also Enacted The power of Officers for managing the Custom to enter and search Ships and Vessels That the said person or persons which are or shall be appointed for managing the Customs and Officers of His Majesties Customs and their Deputies are hereby Authorized and enabled to go and enter aboard any Ship or Vessel as well Ships of War as Merchant Ships and from thence to bring on shore all Goods prohibited or uncustomed except Iewels if they be Outwards bound and if they be Ships or Vessels Inwards bound from thence to bring on shore into His Majesties Store-house as aforesaid all small Parcels of Fine Goods or other Goods which shall be found in Cabbins Chests Trunks or other small Package or in any private or secret place in or out of the Hold of the Ship or Vessel which may occasion a just suspition that they were intended to be fraudulently conveyed away And all other sorts of Goods whatsoever for which the Duties of Tunnage Poundage were not paid or Compounded for with in Twenty days after the first Entry of the Ship to be put remain in the Store-house aforesaid until His Majesties Duties thereupon be justly satisfied unless the said person or persons which are or shall be appointed by His Majesty for managing the Customs and Officers of the Customs shall sée just cause to allow a longer time and that the said person or persons which are or shall be so appointed to manage the Customs and the Officers of the Customs and their Deputies may fréely stay and remain aboard until all the Goods are delivered and discharged out of the said Ships or Vessels And if any Master Purser or Boat-swain or other taking charge in any Ship or Vessel or any other person whatsoever shall suffer any Truss Bale Pack Fardel Cask or other Package to be opened aboard the said Ship or Vessel and the Goods therein to be imbezelled carried away or put into any other Form or Package after the Ship comes into the Port of her discharge in every such case the said Master Purser Boat-swain or others shall forfeit the sum of one hundred pounds And be it further Enacted by the Authority aforesaid That in case Goods concealed in any Ship after clearing after the clearing of any Ship or Vessel by the person or persons which are or shall be appointed by His Majesty for managing the Customs or any their Deputies and discharging the Watchmen or Tidesmen from attendance thereupon there shall be found on board such Ship or Vessel any Goods Wares or Merchandizes which have béen concealed from the knowledge of the said person or persons which are or shall be so appointed to manage the Customs and for which the Custom Subsidie and other Duties due upon the Importation thereof have not béen paid then the Master Purser The Penalty or other person taking charge of such Ship or Vessel shal forfeit the sum of One hundred pounds And it shall be lawful to or for any person or persons authorized by Writ of Assistance under the Seal of His Majesties Court of Exchequer to take a Constable Headborough or other Publick Officer inhabiting near unto the place and in the day time to enter and go into any House Shop Cellar Ware-house or Room or other place and in case of resistance to break open Doors Chests Trunks and other Package there to seize and from thence to bring any kind of Goods or Merchandize whatsoever prohibited and uncustomed and to put and secure the same in His Majesties Store-house in the Port next to the place where such seizure shall be made And for the better encrease of Shipping and Navigation Be it further Enacted An accompt to be given of all forreign Ships in all Ports of England That the Collectors and other Officers of His Majesties Customs in all the Ports of England shall forthwith give an account unto the Collectors and Surveyor in the Port of London appointed by His Majesty for all Duties and Matters relating to a late Act Intituled An Act for encreasing and encouraging of Shipping and Navigation of all Forreign built Ships in their Ports 12 Car. 2. cap. 18. owned and belonging to the people of England of what built and burthen they are for which Certificates have béen made according to the said Act and that the said Collector and Surveyor shall make a true and perfect list of all such Ships attested under their hands and transmit the same into his Majesties Court of Exchequer on or before the moneth of December in the year 1662. there to remain upon record And that no Forreign built Ship that is to say not built in any of his Majesties Dominions of Asia Africa or America Forreign built Ships not to have the priviledg of Ships belonging to England or Ireland or other than such as shall bona fide be bought before the First of October 1662. next ensuing and expresly named in the said List shall enjoy the priviledge of a Ship belonging to England or Ireland although owned or manned by English except such Ships only as shall be taken at Sea by Letters of Mart or Reprizal and condemnation made in the Court of Admiralty as lawful Prize but all such Ships shall be déemed as Aliens Ships and be liable unto all Duties that Aliens Ships are liable unto by vertue of the said Act for encrease of Shipping and Navigation And whereas it is required by the said Act that in sundry cases the Master and thrée fourths of the Mariners are to be English it is to be understood that any of his Majesties Subjects of England Ireland and his Plantations are to be accounted English and no others and that the number of Mariners be accounted according to what they shall have béen during the whole Voyage And whereas of late some of the persons appointed by His Majesty for managing the Customs and the Officers of the Customs and their Deputies have béen hindred affronted abused beaten and wounded to the hazard of their lives in the due execution of their several trusts services in their respective places by armed companies and multitudes of men and goods prohibited and uncustomed have by force violence as well by Land as by Water béen forcibly carried and conveyed away Be it Enacted by the Authority aforesaid That where any Officer or Officers shall be by any person or persons armed with Club The punishment for beating or abusing Officers of the Customs or any manner of Weapon forcibly hindred affronted abused beaten or wounded as aforesaid either on board any Ship or Vessel or upon the Land or Water in the due
execution of their Office all and every person and persons so resisting affronting abusing beating or wounding the said Officer or Officers or their Deputies or such as shall Act in their aid or assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter-Sessions And the Iustices of the Peace of the said Quarter-Sessions shall and are hereby impowered to punish the Offender by Fine not excéeding One hundred pounds and the Offender is to remain in Prison till he be discharged by Order of the Exchequer both of the Fine and of the Imprisonment or discover the person that set him on work to the end he may be legally procéeded against No goods to be Water-born or landed but in the presence of some Officer of the Customs And be it further Enacted by the Authority aforesaid That if any Wharfinger or Kéeper of any Wharf Crane Key or their servants or any of them shall take up or land or knowingly suffer to be taken up or landed or shall Ship off or suffer to be Water-born at or from any of their said Wharfs Cranes or Keys any Goods Wares or Merchandize prohibited or whereof any Custom Subsidy or other Duties are due and payable unto the Kings Majesty without the presence of some of the Officers of His Majesties Customs thereunto appointed or at hours and times not appointed by Law except in the Port of Hull 1 Eliz cap. 11. as in the Statute of the First year of Quéen Elizabeth Chapter the eleventh is excepted not otherwise or Goods passing by Certificates Waste-Cockquet The Penalty or otherwise without the presence or notice given to one or more of His Majesties Officers That in every such case all and every such Wharfinger and Kéeper of such Wharfe Crane or Key shall forfeit and pay the sum of One hundred pounds And if any Goods or Merchandize shall be Laden or taken in from the Shore into any Bark Hoy Lighter Barge Wherry or Boat to be carried aboard any Ship or Vessel Outwards bound for the parts beyond the Seas or Laden or taken in from or out of any Ship or Vessel coming in and arriving from foreign parts without a Warrant and presence of one or more Officers of the Customs such Bark Hoy Lighter Barge Boat or Wherry shall be forfeited and lost and the Master Purser Boatswain or other Mariner of any Ship Inward bound knowing and consenting thereunto shall forfeit the value of the Goods so unshipped And further That in case any Car-man Porter Water-man or other person or persons whatsoever shall assist in the taking up landing shipping off or carrying away any such Goods Wares or Merchandizes that then such Carman Porter Water-man or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices every of them are hereby Authorized to issue and to examine Witnesses upon Oath concerning such fact and the same being proved by the Oath of Two Witnesses the said Offenders for such first Offence shall and may by such Iustice of the Peace be committed to the next Gaol there to remain till he and they find sufficient Surety to be of the good behaviour for so long time until he they shall be thereof discharged by the Lord Treasurer Chancellor Vnder-Treasurer or Barons of the Exchequer And in case he or they so convicted shall afterwards at any time offend in the like kind then he and they shall and may by any Iustice of the Peace as aforesaid be committed to the next Gaol there to remain for the space of Two Moneths without Bail or Mainprize or until he shall pay unto the Sheriff of that County the sum of Five pounds for the use of His Majesty or until he shall by the Lord Treasurer Chancellor or Vnder-Treasurer or Court of Exchequer be thence discharged Be it further Enacted by the Authority aforesaid That if any Goods Wares or Merchandizes shall be shipped or put on Board to be carried forth to the open Sea from any one Port Goods carryed from one Port to another in England or Wales Créek or Member in the Kingdom of England Dominion of Wales or Port and Town of Berwick to be landed at any other place of this Realm without a Sufferance or Warrant first had and obtained from the said person or persons which are or shall be appointed for managing the Customs and Officers of his Majesties Customs all such Wares and Merchandizes shall be forfeited and lost and that the Master of every Ship or Vessel that shall lade or take in any such Goods Wares or Merchandizes in any Port Member or Créek within this Kingdom of England Dominion of Wales or Town and Port of Berwick to be landed and discharged in some other Port Member or Créek of the said Kingdom of England Dominion of Wales or Town and Port of Berwick shall before the Ship or Vessel be removed or carried out of the Port where he shall take in his lading take out a Cocquet or Cocquets and become bound to the Kings Majesty with good Security in the value of the Goods Wares and Merchandizes aforesaid for Delivery and Discharge thereof in the Port or place for which the same shall be entred as aforesaid or in some other Port or place within the said Kingdom of England Dominion of Wales or Port and Town of Berwick and the dangers and accidents of the Seas excepted to return a Certificate within Six moneths after the date of such Cocquet and Cocquets under the Hands and Seals of the Kings Majesties Officers Signed also by some of the said person or persons which are or shall be appointed by His Majesty for managing the Customs or their Deputy or Deputies in every respective Ports Members or Créeks where the same shall be landed and discharged to His Majesties Officers of the Customs to whom such security hath béen given as aforesaid that such Goods Wares and Merchandizes were there landed and discharged accordingly Officers of any Port making false certificate upon the penalty of the forfeiture of the Bond and Security aforesaid And be it hereby further Enacted That if any Officer of any Port Member or Créek shall grant or make any false Certificate of any Goods or Merchandizes which should have béen landed out of any Ship or Vessel That such Officer shall lose his Imployment and moreover forfeit the sum of Fifty pounds The Penalty and suffer one years Imprisonment without bail or mainprize and be incapable of serving his Majesty in any place of Trust concerning his Customs and be further liable to such Corporal punishment as the Court of Exchequer shall think fit Counterfeiting Cocquets Certificates c. The penalty And if any person whatsoever shall Counterfeit Rase or Falsifie any Cocquet Certificate or Return Transire Let-pass or any other Custom-house Warrant he shall forfeit
One hundred pounds and the Cocquet Certificate or Return shall be invalid and of none effect and if any Goods Wares or Merchandizes brought or coming into any Port Haven or Créek within the Kingdom of England Dominion of Wales or Port and Town of Berwick from any other Port Haven or Créek within the Kingdom of England or Dominions aforesaid by Port Cocquet Transire Let-pass or Certificate in Ships or Vessels shall be landed or put on shore before such Cocquet Transire Let-pass or Certificate shall be delivered to such Person or Persons which are or shall be appointed by his Majesty for manageing his Customs the Customer or Collector and Comptroller of the Port or Place of their Arrival or to their Deputy or Deputies and a Warrant or Sufferance made and given from such person or persons Customer or Collector and Comptroller or their Deputy and Deputies aforesaid for the landing and discharging thereof And be it further Enacted by the Authority aforesaid That if any Goods Wares Goods secretly conveyed beyond Sea uncustomed and undiscovered by the officers or Merchandizes for which the Duties of Subsidy or Custom are due and payable to the Kings Maiesty shall be secretly conveyed on Board any Ship or Vessel before the Custom and Subsidy thereof be duly answered and paid and shall escape the discovery thereof by the Officers of the Customs or others and be carried into the parts beyond the Seas in such case the Owners or Proprietors of such Goods Wares or Merchandizes or other person or persons who shall have so shipped or caused the same to be shipped and transported shall forfeit the double value of the Goods The penalty computed according to the Book of Rates Except for Coal which so secretly Exported as aforesaid shall pay double the Custom and Duty to be Collected and Levied in such manner as by the Act of Tunnage and Poundage is directed and appointed Be it further Enacted by the Authority aforesaid For preventing frauds in louring strangers goods That for preventing of frauds in colouring of strangers Goods and otherwise every Merchant or other passing any Goods Wares or Merchandizes Inwards or Outwards shall by himself or his known servant Factor or Agent subscribe one of his Bills of every Entry with the mark number and contents of every parcel of such Goods as are rated to pay by the piece or measure and weight of the whole parcel of such Goods as are rated to pay by the weight without which the Officers of the Customs shall not suffer any Entry to pass And that no children of aliens under the age of Twenty one years be permitted to be Traders or any Goods or Merchandizes to be entred in their names Be it also hereby Enacted That upon any Actions There shall be no party Iury in actions or suits concerning customs Suits and Informations that shall be brought commenced or entred upon any Law or Statute concerning the Kings Majesties Subsidies of Tunnage and Poundage or Ships or Goods to be forfeited by reason of unlawful Importation or Exportation there shall not be any Party Iury but such only as are the natural and frée-born Subjects of the King his Heirs or Successors And whereas allowances given to Merchants and others for defects and damages upon Goods Allowances for defects and damages in goods how to be made and Five per centum generally upon all Goods Imported and Twelve per centum upon Wines every Merchant or others having the aforesaid allowances inwards shall in person upon Oath by himself or by his known Servant or Factor demand and receive the moneys due upon Debenturs for such forreign Goods Exported by such Certificate with such abatements and allowances as were made and given to him upon the Importation and if he be found fraudulently to ship out less in quantity or value then is expressed in his Certificate the Goods therein mentioned or the value thereof shall be forfeited and the Owner or Merchant shall lose the benefit of receiving back any part of the Subsidy for those Goods and if any Goods shipped out by Certificate as aforesaid shall be landed again in the same or any other Port or Place within the Kingdom of England Dominion of Wales and Town and Port of Berwick unless in case of Distress to save the Goods from perishing which shall be presenly made known to the Person or Persons which are or shall be appointed by His Majesty to manage His Customs and Principal Officers of the Port no allowance shall be demanded or made for those Goods and the said Goods or value thereof shall be forfeited and lost Be it further Enacted by the Authority aforesaid That all Goods Goods brought from or carried into Scotland by land shall pass through Barwick or Carliâ—e Wares or Merchandize that shall be brought out of or carried into the Kingdom of Scotland by Land into or out of the Kingdom of England Dominion of Wales or Port and Town of Berwick shall pass and be carried by and through some of the Towns and Passages hereafter named that is to say by and through Berwick or Carlile and then and there pay the Custom and Subsidy granted and due to the Kings Majesty by an Act of this present Parliament Entituled 12 Car. 2. cap. 4. A Subsidy granted to the King of Tunnage and Poundage and other Sums of Money payable upon Merchandize Exported and Imported And if any Goods Wares or Merchandize prohibited or uncustomed coming out of Scotland into England or going out of England into Scotland shall pass by or beyond the Towns Ports and Places aforenamed without due entry and payment of the Customs That then all such Goods Wares and Merchandize or the value thereof shall be forfeited and lost And whereas in and by an Act of Parliament in the First year of Quéen Elizabeth 1 El. cap. 11. When and where Merchandize shall be landed and custom paid of famous memory directing when and where Merchandize shall be landed and Customs paid it is amongst divers other things Enacted and Ordained That no Goods Wares or Merchandize shall be shipped or loaden aboard any Ship or Vessel or landed or discharged out of or from any Ship or Vessel but in or upon some such open Place Key or Wharf Places Keys or Wharfs Except the Port of Hull as her Highness her Heirs and Successors should therefore assign or appoint by vertue of her Highness Commission or Commissions within the Port of London and in all Ports Creeks Havens or Roads as in and by the said Act doth and may at large appear And whereas notwithstanding the aforesaid Act there are some Ports Créeks and places where Customers Collectors and Comptrollers and Searchers their servants had then time out of mind béen resident to which no such Commissions were sent nor places keys nor wharfs appointed as by the said Act was directed And whereas also since that time by reason of the alteration of
Rivers Streams Channels and Sands some places then appointed are become unfit and useless others much more convenient and commodious as well for Traffique and Commerce as for Landing and Discharging Lading and Shipping of Goods Wares and Merchandize It is Enacted and Ordained and be it Enacted and Ordained by the Authority aforesaid That the Kings Majesty may from time to time by his Highness Commission or Commissions out of his Court of Exchequer assign and appoint all such further Places Ports Members and Créeks except the Town of Hull as shall be lawful for the landing and discharging lading or shipping of any Goods Wares or Merchandize within the Kingdom of England Dominion of Wales or Port or Town of Berwick upon Tweed and to what ancient and head-Ports respectively such Places Members or Creeks shall belong and appertain And where any such Member Créek or Place shall be so as aforesaid appointed by vertue of the said Commission or Commissions the Customer Collector Comptroller and Searcher of the head-Port shall by themselves or their sufficient Deputy or Deputies servant or servants reside and inhabit for the entring clearing and passing shipping and discharging of Ships Goods and Merchandize And by vertue of the aforesaid Commission or Commissions may likewise set down and appoint the extents bounds and limits of every Port Haven or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick whereby the extents limits and priviledges of every Port Haven and Créek may be ascertained and known And it shall not be lawful for any Person or Persons whatsoever to lade or put or cause to be laden or put off or from any Key Wharf or other place on the Land into any Ship Vessel Lighter Boat or Bottom any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjects Sea-coal Stone and Bestials only excepted to be Transported into any place of the parts beyond the Seas or carried by land into the Realm of Scotland or to take up discharge or lay on land or cause or procure to be taken up discharged and laid on land out of any Boat Lighter Ship Vessel or Bottom being not in Leak or Wreck any Goods Wares or Merchandize whatsoever Fish taken by his Majesties Subjests Bestials and Salt only excepted to be brought from any of the parts beyond the Seas or by land from the Realm of Scotland by way of Merchandize but only upon such open Place Key or Wharf Places Keys or Wharfs as his Majesty shall from time to time assign and appoint by vertue of such Commission and Commissions as aforesaid in his Majesties Port of London and the Members and Liberties thereof in any other Port Place Member or Créek within his Majesties Kingdom of England Dominion of Wales and Town and Port of Berwick without special sufferance and leave first had from the Commissioners and Officers of his Majesties Customs upon the penalty of the forfeiture of all such Goods Wares and Merchandize For avoiding Practises between Owners of goods and Informers to avoid payment of customs None to seize any goods but officers of the customs And forasmuch as it doth appear by daily experience That there are great Practises and Combinations betwéen the Importers and Owners of Goods and Merchandizes and the Seizers and Informers with design and intent to defraud the force of the Law and his Majesty of his Duties and Customs Be it Enacted by the Authority aforesaid That no Ship or Ships Goods Wares or Merchandize shall be seized as forfeited for or by reason of unlawful Importation or Exportation into or out of this Kingdom of England Dominion of Wales or Port and Town of Berwick or any the Ports members or Créeks thereunto belonging or for not payment of any Customs or Subsidies now due or hereafter to be due and payable to his Majesty but by the person or persons who are or shall be appointed by his Majesty to manage his Customs or Officers of his Majesties Customs for the time being or such other person or persons as shall be deputed and authorized thereunto by Warrant from the Lord-Treasurer or Vnder-Treasurer or by special Commission from his Majesty under the Great or Privy-Seal And if any Seizure shall hereafter be made by any other Person or Persons whatsoever for any the Causes aforesaid such seizure shall be void and of none effect any Statute Law Act or Provision to the contrary in any wise notwithstanding In any suit against persons imployed about the customs the Defendant may plead the general issue 12 Car. 2. cap. 18. And be it further Enacted by the Authority aforesaid That in every Action Suit Indictment Information or Prosecution wherein or whereby the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of his Majesties Customs or any Officer or Officers Person or Persons authorized by his Majesty to put in execution the Act of Parliament For encreasing and encouraging of Navigation their Deputies or Servants or any others acting in aid of them have béen are or shall be sued indicted prosecuted or molested it shall be lawful for all and every the said Persons their Heirs Executors and Administrators to plead the general Issue And to give this for other acts relating to customs or Navigation in evidence and to give this or the aforesaid Acts of Parliament relating to the Customs and Navigation in evidence in any of his Majesties Courts of Iustice or other Courts where the said matter shall be depending And the Iudges of the said Courts are hereby strictly enjoyned and required to admit the same and to acquit and indemnifie them and every of them of and from all such Suits Indictments Informations or Prosecutions for or concerning any matter or thing acted or done in the due and necessary performance and execution of their respective Trusts and Imployments therein Be it hereby also Enacted for avoiding of fraudulent Compositions That if any Seizer For avoyding fraudulent compositions by Informers Informer or Officer as aforesaid shall not prosecute to effect for the bringing to Tryal and Condemnation the Ships Goods and Merchandize by them Seized or Informed against That then and in every such case it shall be lawful to or for any of the person or persons which are or shall be appointed by his Majesty for managing his Customs or the Officers of the Customs or other person or persons deputed by them or thereunto Authorized by the Lord-Treasurer or Vnder-Treasurer to make seizure of or inform against such Goods and Merchandize or bring his Action for the same by way of Devenerunt and that they shall be estéemed and adjudged in Law as the true first Informers and Seizers and have the benefit of such Informers or Seizers Any Law Statute Act or Vsage to the contrary in any wise notwithstanding And that no Informer or Officer be suffered to compound under one Third of the
appraised value upon loss of his Office Be it further Enacted by the Authority aforesaid No person employed about managing the customs may take any bride or reward to connive at any Entry That if any of the Kings Majesties Officers or other persons appointed to manage His Majesties Customs Searchers Waiters or other person or persons whatsoever deputed and appointed by and under them or any of them or any other Authority whatsoever and imployed in or about the Affairs of the Kings Customs and Subsidies shall directly or indirectly take or receive any bribe recompence or reward in any kind whatsoever or connive at any false Entry of any Goods or Merchandizes whereby the Kings Majesty His Heirs or Successors shall be defrauded or hindred in or of His Customs and Subsidies or other Sums of money or Goods prohibited by the Law to be Imported or Exported into or out of the Kingdom of England Dominion of Wales Town and Port of Berwick be suffered to pass either by way of Importation or Exportation the person or persons therein offending shall forfeit the sum of One hundred pounds The Penalty and be for ever afterwards incapable of any Office or Imployment under the Kings Majesty His Heirs or Successors or any Authority derived from them as also the Merchant Mariner or other person or persons whatsoever who shall give or pay any such Bribe Recompence or Reward as aforesaid shall forfeit the sum of Fifty pounds Provided nevertheless that if any person or persons offending as aforesaid Persons revealing their own offences within two months to be acquitted shall reveal and make known such his or their Offence in Two moneths time to the Treasurer of England the Chancellor Vnder-Treasurer or Barons of the Exchequer he shall for that Offence be clearly acquitted and discharged And be it further Enacted Forreign goods where to be landed and how weighed and numbred That all forreign Goods and Merchandize which by the person or persons which are or shall be appointed by his Majesty for the managing of the Customs and the Customer Collector and Comptroller shall be permitted to be landed and taken up by Bills at sight Bills at view or sufferance shall be landed at the most convenient Keys or Wharfs where the said person or persons so to be appointed Customer or Collector or Comptroller shall appoint and not elsewhere and there or in his Majesties Store-house of the respective Ports at the Election of the said person or persons so to be appointed and Officers shall be measured weighed and numbred by and in the presence of the Officers to be thereunto particularly appointed which said Officers so appointed shall perfect the Entry and thereunto shall subscribe their Names and the next day following shall give Accompt and make report of every respective Entry so perfected as aforesaid to the said person or persons which are or shall be appointed to manage his Majesties Customs Customer or Collector and Comptroller aforesaid without reasonable cause to be allowed by the said person or persons or Officers aforesaid or in default thereof shall forfeit the sum of One hundred pounds Be it also Enacted That no Ship Vessel or Boat Vessels appointed for carrying Letters may not import nor export Merchandise appointed and imployed ordinarily for the Carriage of Letters and Pacquets shall unless it be in such Cases as shall be allowed by the said person or persons which are or shall be appointed to manage his Majesties Customs or Officers aforesaid Import or Export any Goods or Merchandize into or out of the parts beyond the Seas upon the Penalty of the forfeiture of One hundred pounds to be paid by the Master of the said Vessel or Boat with the loss of his place and all Goods and Merchandize that shall be found on Board any such Ship Vessel or Boat shall be forfeited and lost And whereas some Doubts and Disputes have arisen concerning the said late Act For encresing and encouraging of Shipping and Navigation An Explanation of 12 Car. 2. cap. 18. of goods prohibited to be brought from Holland about some of the Goods therein prohibited to be brought from Holland and the Parts and Ports thereabouts Be it Enacted and Declared That no sort of Wines other then Rhenish no sort of Spicery Grocery Tobacco Pot-ashes Pitch Tarr Salt Rozen Deal-Boards Firr Timber or Olive-Oyl shall be imported into England Wales or Berwick from the Netherlands or Germany upon any pretence whatsoever in any sort of Ships or Vessels whatsoever upon penalty of the loss of all the said Goods as also of the Ships and furniture And whereas also by the said Acts For incouraging and increasing of Shipping and Navigation 12 Car. 2. c. 18. Imposition of 5 s. per Tun upon French Vessels an Imposition of Five shillings per Tun is laid upon all Ships or Vessels belonging to any Subjects of the French King which shall come into any Port Harbour Créek or Road of England Ireland Wales or Town of Berwick upon Tweed and shall there lade or unlade any Goods or take in or set on shore any Passengers Yet notwithstanding there is great difficulty in recovering the said Duty because small Shallops come not into Harbours where Officers are but either put their Goods and Passengers on shore or Boats come out of Harbours which privately convey them on shore there being no penalty in the Act against such Offenders Be it therefore Enacted How to be recovered and the penalty That any such Ship or Vessel upon which the above-said Imposition of Five shillings per Tun is due and payable which shall either put on shore or put over into any Boat any Goods or Passengers without payment of Custom and Imposition of Tunnage at any time returning into any Harbour Port or Creek of England or Ireland shall not only pay the Duties formerly due but forfeit the sum of Ten pounds And whatsoever Pilot Water-man or Boat-man which shall from any Harbour Port or Créek go out and bring any Goods from on board such Vessel shall not only be liable to pay the Duty of Tunnage which the said Vessel should have paid but forfeit the sum of Forty pounds Be it also hereby Enacted That Vinegar Perry Rape Cider and Cider-eager of any sort or kind whatsoever Tunnage upon V negar Perry Rape Cyder and Cyder eager Imported from and after the four and twentieth day of June One thousand six hundred sixty and two from Forreign Parts is hereby Rated to pay to the Kings Majesty a Subsidy of Tunnage of Four pounds Ten shillings per Tun Imported by English and Six pounds Imported by Stangers according to the Rate already imposed and set upon French Wines to be Collected and Levied for such time and in such manner as by the Act of Tunnage and Poundage is directed and appointed And the same are by vertue of this Act exonerated and discharged of all further and other Sums heretofore set or
or other the Kings Officers thereof shall before the First day of June next take their respective Corporal Oath and Oaths for the true and faithful execution and discharge to the best of their knowledge and power of their several Trusts and Imployments committed to their charge and inspection And that no person or persons shall hereafter be imployed or put in trust in the business of the Customs untill he shall first have taken his Oath as aforesaid And the Commissioners and principal Officers in the Port of London and the principal Officers in all other the out-ports or any two of them are hereby authorized to administer and give to all and every person or persons such Oath and Oaths as aforesaid and to cause the same to be Entred and Registred in the Custom-house of every respective Port where the person so taking the Oath as aforesaid shall have his residence and imployment Provided also and be it Enacted by the Authority aforesaid Persons imployed about the Customs shall demand nor take any more then the fees due by Law That if any person imployed in his Majesties Customs shall demand or take any other or greater sum of money then by Law is now due or hereafter shall become due or shall put any Merchant or other person out of his turn without express order before or immediate approbation after from the person or persons who are or shall be appointed by his Majesty to manage his Customs or the superior Officers for the Customs or shall illegally detain the goods of any person or shall neglect or refuse to make re-payments and allowances which are or shall be due since the Four and twentieth day of June One thousand six hundred and sixty or shall not after notice given give out and execute his Warrant shall be lyable to double Costs and Damages And for the better increase of good and serviceable shipping Of what sise and burden Merchants Ships shall be and what men and ammunition they shall carry and securing the publick Trade and Commerce Be it Enacted by the Authority aforesaid That all and every Merchant or other person that shall after the Nine and twentieth day of September One thousand six hundred sixty and two Export any Goods or Merchandizes from any Port of this Kingdom capable of a Ship or Vessel of two hundred Tun upon an ordinary full Sea to any part or place of the Mediterranean Sea beyond the port of Malaga or Import any Goods or Merchandize from the ports or places aforesaid to any port of this said Kingdom in any Ship or Vessel that hath not two Decks and doth carry less then sixtéen pieces of Ordnances mounted together with two men for each Gun and other Ammunition proportionable shall pay to our Sovereign Lord the King for all and every the Wares and Merchandizes so Exported or imported One per centum over and above the Rates and Duties of Subsidy of Tonnage and Poundage otherwise due and payable for the same Any thing in this Act before contained to the contrary notwithstanding Provided always Proviso for Ships exporting Fish that it shall and may be lawful to export from any of his Majesties Dominions Fish into any of the Ports of the Mediterranean Sea aforesaid in any English Ship or Vessel whatsoever Provided that one moyety of her full lading be Fish only and in such case to Import any Wares or Merchandize in the same Ship for that Voyage without paying any other Rates or Duties of Tonnage or Poundage for the same then were heretofore accustomed And for the better encouragement of building good and Defensible Ships Be it Enacted Encouragemen◠for Building good and defensible Ships That all and every person or persons that shall within the space of Seven years from and after the Five and twentieth day of March One thousand six hundred sixty two build or cause to be built within any of his Majesties Dominions any Ship or Vessel of Thrée Decks or Two Decks and a half with a Fore-Castle and Five foot betwéen each Deck mounted with thirty pieces of Ordnance at least and other Ammunition proportionable shall for the first two Voyages which the said Ship or Ships make from his Majesties Dominions to any forreign parts have and receive to his and their own proper use and benefit one Tenth part of the Customs that shall be paid to His Majesty for all such Goods or Merchandizes as shall be Exported or Imported on the said Ship or Ships to and from this Kingdome And the Commissioners and Officers of His Majesties Customs are hereby impowered and required to pay the same to the Owner or Owners of the said Ship or Ships accordingly Salt brought out of Scotland to pay ob a Gallon Provided alwayes and be it hereby Declared and Enacted That from and after the Four and twentieth day of June One thousand six hundred sixty two All Salt which shall be brought out of the Kingdom of Scotland into this Kingdom the Dominion of Wales or Town of Berwick upon Tweed shall yield and pay and is hereby made chargeable to yield and pay unto the Kings Majesty One half penny upon every Gallon of such imported Salt of Winchester measure at the landing thereof Any thing in this present Act or any former or other Law Statute or Order to the contrary thereof in any wise notwithstanding CAP. XII For the better Relief of the Poor of this Kingdom The occasion of increase of Poor WHereas the necessity number and continual increase of the Poor not only within the Cities of London and Westminster with the Liberties of each of them but also through the whole Kingdome of England and Dominion of Wales is very great and excéeding burthensome being occasioned by reason of some defects in the Law concerning the setling of the Poor and for want of a due provision of the regulations of relief and imployment in such parishes or places where they are legally setled which doth enforce many to turn incorrigible Rogues and others to perish for want together with the neglect of the faithfull execution of such Laws and Statutes as have formerly béen made for the apprehending of Rogues and Vagabonds and for the good of the Poor For remedy whereof and for the preventing the perishing of any the Poor whether young or old for want of such supplies as are necessary May it please your most Excellent Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal Poor people going from one Parish to another and the Commons in this present Parliament Assembled and by the Authority of the same That whereas by reason of some defects in the Law poor people are not restrained from going from one Parish to another and therefore do endeavour to settle themselves in those Parishes where there is the best Stock the largest Commons or Wastes to
Majesties Reign there is amongst other exceptions excepted all and singular the Accounts of all Prize-Goods and of all moneys and other Duties grown due or contracted upon the sale or disposition of them or any of them By vertue whereof and of another Act made in the said thirtéenth year of your Majesties Reign 13 Car. 2. c. 3. Intituled An Act for the Declaring Vesting and Setling of all such Moneys Goods and other things in his Majesty which were received levied or collected in these late times and are remaining in the hands or possession of any Treasurers Receivers Collectors or others not Pardoned by the Act of Oblivion all and singular Prizes and Ships and Goods whatsoever seized or taken for Prize since the thirtieth of January in the year One thousand six hundred forty two by colour or pretence of any of the late pretended Authorities or by pretence or colour of any Power or Authority derived or pretended to be derived from or under them or any of them or otherwise for or upon any pretence of any publick use And all Captures and Seisures of Prizes and Tenths of Prizes to or under pretence of any publick use And all the moneys arising or due or contracted for upon the Sales and Dispositions of them or any of them yet unpaid or unaccounted for in whose hands soever the same be or by whomsoever owing are rightly vested in your Majesty And all the Buyers and Receivers and Injoyers thereof not having yet truly accounted for or paid for the same stand chargeable to your Majesty Now for that as well by a pretended Act made in the year one thousand six hundred forty nine the Buyers of Ships and goods taken Pretended Act. 1649. The reason for suing for prize-goods in the Court of Admiralty or seised and sold for Prize were in case of any failer of performing their contract to be convented in the Court of Admiralty and in case they were condemned there to pay the money by them contracted for then the same to be levied by execution of the said Court And for that by reason of other pretended Acts and Ordinances made in those times all the matters touching Prize and Captures and Seisures and Tenths of Prizes were referred to the said Court of Admiralty and all the Processes Exhibites Writings Examinations Depositions Procéedings Passages Condemnations Sentences Decrées and Orders touching and concerning Prizes and Captures and Seisures of Prizes and tenths of Prizes of what sort soever were had taken made and done in the said Court of Admiralty and do all or most of them there remain So that the said Court of Admiralty being thereof possessed and best acquainted therewith and with all the passages thereof It will be the readiest and quickest way for your Majesty to Sue for the same in that Court which being there Sued for may probably amount to considerable sums of money May it therefore please your Majesty that it may be Enacted And be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That all and every Collectors and Treasurers Sub-Collectors and Vnder-Treasurers of Prize-goods Commissioners and Sub-Commissioners of Prize-goods and all and every their Cashéers Officers Rep. 16 17 Car. 2. cap. 6. Deputies and Receivers and all and every Admirals Vice-Admirals Captains of Ships Officers and Mariners and all and every other person and persons whatsoever to whom such Prizes were delivered or to whose hands they came at any time since the said thirtieth of January One thousand six hundred forty and two and before the nine and twentieth of May One thousand six hundred and sixty or that did surprize or receive to or for the publick use or by pretence thereof any Ships Plate Iewels Bullion Money Silver Gold Arms Ammunition Wares Merchandizes or any manner of Goods whatsoever seised or taken for Prize within the times aforesaid and that have not yet truly accounted for and paid in the same or the just provenues and values thereof and all and every person and persons by whom or to or for whose use the same or any of them were sold or who had and enjoyed the same or any part thereof and are still behind and have not paid the moneys contracted for and arising or due upon such sales or any of them and all Securities by them or any of them given for their just dealing in their Offices or Places or any thing concerning the said Prizes or any of them shall be chargeable to your Majesty for the said premisses and all the Dependencies thereof respectively in the said Court of Admiralty and shall and may be by your Majesties Advocate and by such other of your Majesties Councel in that Court as Your Majesty shall please particularly to nominate and commit that affair unto and by special Warrant under your Sign Manual to appoint to sue for the same in your Majesties Name and to and for your Majesties use to be sued and convened in the said Court of Admiralty and either called to account or otherwise by such suit and in such manner as may be most available for your Majesty be there procéeded against sued and prosecuted in due course according to their respective cases for all and every the said Prizes Ships Goods Moneys and Premisses received or had by them and still in arrear and wherewith they are as aforesaid chargeable The Court of Admiralty impowred to proceed upon suits for prize-goods taken at any time since Ian. 30. 1642. and before 29 May 1660. and not accounted for And the said Court of Admiralty is hereby enabled and authorized to procéed thereupon according to the Laws and course of that Court and to do and minister right and Iustice therein with all things thereto requisite And to give sentences and final Decrées and condemnations therein as by the rules of Iustice ought to be and that in the most spéedy manner and to put in execution and finally to execute and levy all and every sum and sums and whatever shall be adjudged sentenced or condemned by and according to the rules and course of Executions in the said Court and that without any manner of Let Disturbance Hinderance Obstruction or Impediment whatsoever that your Majesty may be for the same satisfied and paid according to right and Iustice Provided always and be it further hereby Enacted and Declared by the Authority aforesaid Proviso for the saving all Rights of the Lord High Admiral That all such Rights as during the Reign of your Majesties Royal Father of Blessed memory or your Majesties Reign belonged and appertained unto the Lord High Admiral of England or Lord Warden of the Cinque Ports for the time being by vertue of the said Office and have béen at any time since the year of our Lord One thousand six hundred forty and eight usurped possessed
to spare any person from making such carriage by Land or by Water or shall injuriously charge or grieve any person or persons through envy hatred or evil will who ought not to make such carriage or shall impress more carriages then the necessity of the service shall require or then he shall be commanded to impress by his Superiours That then upon due proof and conviction thereof the party so offending shall forfeit the sum of Ten pounds to the party thereby grieved The penalty and how to be recovered who may sue for the same to be recovered by Action of Debt in any of his Majesties Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed And in case any person or persons shall presume to take upon him or them to impress any Horses None may impress other then persons impowered as aforesaid The penalty Oxen Wayns or Carriages for Land or any Ships Hoys Lighters Boats or other Vessel for the service of his Majesties Navy or Ordnance other then the Persons so impowered as aforesaid then he or they so offending shall upon due conviction of the said offence incur and suffer the punishment in the first recited Act. Ships and vessels fraighted by charter-party exempted Provided always and be it Enacted That no Ship Hoy Barque or any other Vessel whatsoever that shall be really and bona fide fraighted by Charter-Party if there be other Vessels in the Port fitting for the Service nor any Vessel quarter laden with any Goods Wares or Merchandises outward bound shall be lyable to be Impressed for any the Services aforesaid Any thing in this Act to the contrary notwithstanding The continuance of this Act. Provided That this Act and the Powers therein contained shall continue and be in force untill the end of the first Session of the next Parliament and no longer Any thing herein contained to the contrary in any wise notwithstanding Inhabitants of the new Forest of Southampton Provided nevertheless That in regard of the more then ordinary charge and burden which the Inhabitants of New-Forest in the County of Southampton will be liable unto by reason of the great quantities of Timber usually felled and carried thence for the use of His Majesties Navy It shall and may be lawful for the Iustices of the Peace who shall by Warrant summon the Carts and Carriages within the Division of the New-Forest in the County of Southampton aforesaid to have power as to the Carriage of Timber onely to allow as aforesaid to the several Owners of such Carts and Carriages not excéeding Four pence per mile for so many miles as any Cart or Carriage so summoned shall go empty to the place of its lading Any thing in this Act contained to the contrary in any wise notwithstanding CAP. XXI For preventing the unnecessary Charge of Sheriffs and for ease in passing their Accompts WHereas the Office of Sheriff as well by reason of the great and unnecessary Charges in the time of Assises and other publick méetings as by the tedious attendance and charge of Sheriffs in passing of their Accompts in the Exchequer hath of late years béen very burthensome to the Gentry of this Your Realm who in the late times of Tyranny and Oppression have béen great Sufferers and thereby much Impoverished in their Estates and Fortunes for remedy wherein Your Majesties most Loyal Subjects the Knights Citizens and Burgesses assembled in Parliament do most humbly beseech Your most Excellent Majesty that it may be Declared and Enacted And be it Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authority of the same That no Person or Persons being duly sworn into the Office of Sheriff for any County or Shire within this Your Majesties Realm shall from and after the First day of February next ensuing Sheriffs at the Assises may keep no tables for others then of their own Family and Retinue Nor make no present or gift to any Iudge of Assise The number of Servants with Liveries in England Wales Penalty of 200 l. in the time of the Assises held for the said County or Shire during his or their Sherifalty kéep or maintain or cause to be kept or maintained one or more Table or Tables for Receipt or entertainment of any person or persons resorting to the said Assises other then those that shall be of his own Family or Retinue nor shall make or send in any Present to any Iudge or Iudges of Assise for his or their provision nor give any gratuity to his or their Officers or Servants or any of them And also that no Sheriff shall after the said first day of February have more then Forty Men-servants with Liveries attending upon him in the time of the said Assises nor under the number of Twenty Men-servants in any County whatsoever within the Kingdom of England nor under the number of Twelve Men-servants in any County within the Dominion of Wales upon pain that every Sheriff offending in any of the premisses contrary to the true meaning hereof shall forfeit for every default the sum of two hundred pounds Provided that nothing before in this Act contained shall in any wise extend unto Proviso for Sheriffs of London Middlesex Westmerland and Cities Counties or any ways concern the Sheriffs of the City of London and Middlesex and the Sheriff of Westmerland or either of them or any of the Sheriffs of or belonging to any City and County or Town and County within this Realm but that the same Sheriff or Sheriffs shall or may do as heretofore hath béen used or accustomed within the said County of Middlesex and Cities of London and Westminster and such other Cities and Counties or Towns and Counties aforesaid Any thing herein before contained to the contrary in any wise notwithstanding How Sheriffs shall be eased in passing their accompts in the Exchequer And to the end that Sheriffs may for the time future be eased of the great charge and trouble which they heretofore have béen put to in passing their Accounts in the Exchequer occasioned partly in regard that divers sums of money have stood charged upon them in gross without expressing from what persons for what cause or out of what Lands or Tenements the same are to be particularly levied or out of what particulars the said sums in gross do arise whereby it cometh to pass that the said Sheriffs do still stand charged in gross with divers sums of money which were heretofore payable by Abbots Priors persons attainted and such other persons whose Estates have since come to the Crown or are otherwise discharged or illeviable and partly by the Accompt of Seizures or Foreign Accompt and by the exaction of undue Fées of Sheriffs upon their apposal concerning the same For the preventing whereof and for the future
Heirs and all claiming under them all right to the said Rectories and Premisses as hath accrued unto them before the Ninetéenth day of May One thousand six hundred sixty and two And be it further Enacted by the Authority aforesaid That all Tenants Lessées How Tenants and Lessees under such Estates shall pay their Rents and Occupiers of all such Advowsons Rectories Impropriate Gléeb-Lands Tithes and premisses so granted or setled to or upon such Trustées as aforesaid for the uses or purposes aforesaid shall pay all such Rents as shall hereafter grow due and payable to such persons onely unto whom the right and interest of and in the same Advowsons Rectories Gléeb-Lands Tithes and premisses before the said Conveyances or Assurances intended to be annulled and made void by this present Act did or should of right belong or appertain And whereas the said Conveyances and Assurances in and by this Act intended to be made void were some of them of Estates in Fée-simple and some of them long Terms for years made to Trustées Rents and sums appointed for augmentation of certain Vicarages who redemiled the same at and under such yearly Rents and Sums of Money as were then appointed to be the Augmentation of certain Vicarages or maintenance for preaching Ministers since which time many of the Rectories and Lands so Conveyed and Leased have béen absolutely sold and the Redemises thereof granted and assigned by the Owners thereof for the benefit of such purchasers Be it further Enacted and Ordained by this present Parliament and by the Authority of the same That the said Purchasers their Heirs and Assigns shall pay and the said former Owners of the said Lands and Rectories their Executors Administrators and Assigns shall have hold and enjoy the said Rents and sums of Money so reserved for the Augmentation of the said Vicarages and maintenance for Preaching Ministers upon the said several Redemises and shall have the same and the like remedies by Distress or by Action of Debt for the recovery thereof as the said Trustées who Redemised the same should or might have had if this Act had not béen made CAP. XXVI Abuses committed in the Weight and false Packing of Butter Reformed FOrasmuch as Butter is one of the principal Commodities of the product of this Kingdom and is not only of an universal use Expence at home The Contents of a Kilderkin of Butter but very great quantities thereof are Transported beyond the Seas And whereas by Custom time out of mind used every Kilderkin of Butter ought to weigh One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin The Firkin of Butter ought to weigh Sixty and four pounds viz. Fifty and Six pounds of good Merchantable Butter Neat and the Cask Eight pounds And the Pot of Butter ought to weigh Twenty pounds The Pot. viz. Fourtéen pounds of good and Merchantable Butter Neat and the Pot Six pounds And whereas great Complaint hath béen made by the Traders in Butter and Chéese That by the Fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by their irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kilderkin is Commonly made to weigh Six and twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirtéen or fourtéen pounds weight and the Pots are made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and Packed up into Kilderkins Firkins and other Cask and Pots with sound and Good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualling of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Commodity and of all Housholders who buy the same for their expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing of the said Commodity into great disrepute abroad whereby it yields not that price nor is vented there in such quantities as otherwise it would For remedy whereof Be it Enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A Kilderkin of Butter shall contain 112 l. besides the Cask and Commons in this present Parliament Assembled That from and after the First day of June which shall be in the year of our Lord One thousand six hundred sixty and two every Kilderkin of Butter do and shall contain One hundred and twelve pounds Neat or above every pound containing sixtéen Ounces besides the Taxe of the Cask The Firkin 56. l. and not less of good and Merchantable Butter Every Firkin and Butter do and shall contain Fifty six pounds Neat or above besides the weight of the Cask of good and Merchantable Butter and every Pot of Butter do and shall contain fourtéen pounds Neat or above besides the weight of the Pot The Pot 14. l. of good and Merchantable Butter And that no Butter which is Old or Corrupt shall be mixed or packed up into any Kilderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound No old Butter shall be mixed with new nor any Whay-Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and apart by themselves and shall not be mixed one with another and that every Cask or Pot of Butter shall be of one sort and goodness throughout such Cask and Pot Nor Whay-butter and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall be néedful for its preservation The penalty upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kilderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kilderkin Firkin or Pot shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pot. And to the intent that the benefit intended by this Act may be extended with full effect to all persons who do either cut out Butter by Retail or expend it Be it further Enacted
Vessel or Crayer whereof any of his Majesties Subjects of England shall be Owners or Part-owners of the burthen of Twenty Tuns or upwards and not excéeding the burthen of Two hundred and fifty Tun for every Voyage Loading or Discharging within this Realm or to or from any Foreign Countrey beyond the Seas and passing to or from London or for from to or by Dover or coming into the Harbour there not having a Cocquet testifying his payment before for the Voyage towards the Repair of Dover-Harbour the sum of Thrée pence for every Tun of the burthen of every such Ship Vessel or Crayer except Vessels loaden with Sea-Coals or Grind-stones or Purbeck or Portland-stone and for every Chauldron of Sea-coals or Tun of Grind-stones peny half-peny the same to be paid to the Customer or Collector of Customs or Subsidies or their Deputies within this Realm in such Port from whence such Ship Vessel or Crayer shall set forth or where such Ship Vessel or Crayer shall arrive before they load or unload the Goods therein The Accompt of the number of the said number of the said Tuns to be made according to the Entry of Goods in every Ship Vessel or Crayer in the Custom-house and no Entry thereof to be allowed in any Office of Customs or Subsidies without true information before made by oath of the Master Owner or Shipper of such Ship Vessel or Crayer concerning the burthen thereof and payment by him made of the sums aforesaid of which payment the Master Owner or Shipper paying the same shall have allowance of the Merchants according to the rate of the Goods in the same Ship Vessel or Crayer by way of Average And the Customer or Collector or his Deputy receiving the sums aforesaid or any of them shall disburse and pay the same from time to time to the Treasurer of the said Harbour for the time being or such person or persons as he shall assign to receive the same to be expended in and about the repair of the said Harbour And every Customer or Comptroller or their Deputies that shall make any Entries of Customs or Subsidies of any Goods in the said Ships Vessels or Crayers before such Information as aforesaid concerning the burthen thereof shall be made or before payment made of the sums before limited to be paid by this Act or shall make any wilful default in not collecting the said sums or any of them or not paying the same over from time to time to the Treasurer of the said Harbour for the time being or such person or persons as he shall assign to receive the same as aforesaid shall forfeit to the use of the Reparations of the said Harbour Ten pounds for every such default to be recovered by Action of Debt in any Court of Record by the Warden and Assistants of the said Harbour for the time being in which Suit no Essoign Protection or Wager of Law shall be allowed Who shall inspect and oversee the Repairs Provided alwayes and be it Enacted by the Authority aforesaid That it shall and may be lawful to and for the Master and Wardens of the Trinity-House of London for the time being to appoint such person or persons as they shall think fit to inspect and oversée the repairs and works to be made for the security of the said Harbour And that they may once every year during the term of seven years aforesaid require an accompt of the respective Collectors of the Duties aforesaid and the Treasurer for the said Harbour for the time being of the moneys by them respectively received by vertue of this Act and of the disbursments thereof And if the said Collectors and Treasurer shall not within six wéeks next after demand of such Accompt give in the same accordingly or if thereupon it shall appear that the said money shall not be duly disbursed in and about the said Repair and the Works for the securing and maintenance of the said Harbour according to the intent of this Act or if the said Harbour shall within the time aforesaid be sufficiently repaired and secured That then the said Master and Wardens shall inform the Lords of his Majesties Privy Council thereof who shall and may thereupon and to that purpose are hereby impowred to suspend or cause all and every further payments by vertue of this Act to cease and determine if they shall sée cause Proviso for Ships belonging to Weymouth Melcomb-Regis Lime Regis Provided always and be it Enacted by the Authority aforesaid That all Ships and Vessels belonging to the Ports of Weymouth and Melcombe-Regis and Lime-Regis in the County of Dorset having a Peire and Cob of their own which by reason of their poverty at present they are not able to maintain shall be exempt from contributing or paying any thing to the Harbour of Dover mentioned in this Act Any thing herein contained to the contrary notwithstanding so as they shall bring Certificate made upon Oath before the Mayor and under the Common Seal of the said respective Corporations That the said Ships and Vessels do properly belong thereunto And that the Inhabitants of the said respective Corporations are Owners of the major part of the said Vessels Provided always and be it hereby Enacted That this Act or any thing herein contained shall not extend to Authorize the Collection of more then the sum of Twenty two thousand pounds in the whole And then the said Collection to cease CAP. XXVIII Pilchard Fishing in the Counties of Devon and Cornwal Regulated Fishery of great concernment to this Nation WHereas the Publick Honour Wealth and Safety of this Realm as well in the the maintenance of Trade and support of Navigation as in many other respects doth in an high degrée depend upon the improvement and incouragement of the Fishery And forasmuch as of late years there have divers pernicious disorders and abuses by the licentiousness of the times crept in and yet continue evidently destructive to that Trade for prevention and redress whereof there is no Law hitherto particularly provided in the growing evils occasioned by Driving-Nets and other fraudulent and injurious practises to the extream damage of the Fishery Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in Parliament assembled Times prohibited to Fish in Cornwall and Devon and it is Enacted by the Authority aforesaid That from and after the Five and twentieth day of May One thousand six hundred sixty and two no person or persons shall in any year from the First day of June till the last of November presume to take Fish in the high Sea or in any Bay Port Créek or Coast of or belonging to Cornwal or Devon with any Drift-Net Trammel or Stream-Net or Nets or any other Nets of that sort or kind Penalty unless it be at the distance of one League and an half at least from the
hereby Enacted Comodities of the growth and manufacture of Europe how to be imported in English built shipping That from and after the five and twentieth day of March One thousand six hundred sixty four no Commodity of the Growth Production or Manufacture of Europe shall be Imported into any Land Island Plantation Colony Territory or Place to his Majesty belonging or which shall belong hereafter unto or be in the Possession of his Majesty his Heirs and Successors in Asia Africa or America Tangier only excepted but what shall be bona fide and without fraud Laden and Shipped in England Wales or the Town of Berwick upon Tweed and in English built Shipping or which were bona fide bought before the first day of October One thousand six hundred sixty and two and had such Certificate thereof as is directed in one Act passed the last Sessions of this present Parliament Entituled 14 Car. 2. c. 11 An Act for preventing Frauds and regulating Abuses in His Majesties Customs and whereof the Master and thrée Fourths of the Mariners at least are English and which shall be carried directly thence to the said Lands Islands Plantations Colonies Territories or Places and from no other place or places whatsoever Any Law Statute or Vsage to the contrary notwithstanding The penalty under the Penalty of the loss of all such Commodities of the Growth Production or Manufacture of Europe as shall be imported into any of them from any other place whatsoever by Land or Water And if by water of the ship or vessel also in which they were Imported with all her Guns Tackle Furniture Ammunition and Apparel one third part to his Majesty his Heirs and Successors one third part to the Governor of such Land Island Plantation Colony Territory or place into which such Goods were Imported if the said ship vessel or goods be there seised or informed against and sued for Or otherwise That third part also to his Majesty his Heirs and Successors and the other third part to him or them who shall seise inform or sue for the same in any of his Majesties Courts in such of the said Lands Islands Colonies Plantations Territories or Places where the Offence was committed or in any Court of Record in England by Bill Information Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed Provided always and be it hereby Enacted by the Authority aforesaid That it shall and may be lawful to ship and lade in such ships and so navigated as in the foregoing Clause is set down and expressed in any part of Europe Salt for the Fisheries of New-England and New-found-land Salt for Fisheries and to ship and lade in the Madera's Wines of the growth thereof and to ship and lade in the Western Islands or Azores Wines of the growth of the said Islands and to ship and take in Servants or Horses in Scotland or Ireland and to ship or lade in Scotland all sorts of Victual of the Growth or Production of Scotland and to ship or lade in Ireland all sorts of Victual of the Growth or Production of Ireland and the same to Transport into any of the said Lands Islands Plantations Colonies Territories or places Any thing in the foregoing Clause to the contrary in any wise notwithstanding And for the better prevention of Frauds Be it Enacted and it is hereby Enacted Prevention of frauds That from and after the five and twentieth day of March One thousand six hundred sixty and four every person or persons importing by Land any Goods or Commodities whatsoever into any the said Lands Islands Plantations Colonies Territories or Places shall deliver to the Governour of such Land Island Plantation Colony Territory or Place or to such person or Officer as shall be by him thereunto authorized and appointed within four and twenty hours after such Importation his and their Names and Sirnames and a true Inventory and particular of all such Goods or Commodities And no Ship or Vessel coming to any such Land Island Plantation Colony Territory or Place shall lade or unlade any Goods or Commodities whatsoever until the Master or Commander of such Ship or Vessel shall first have made known to the Governour of such Land Island Plantation Colony Territory or Place or such other person or Officer as shall be by him thereunto authorized and appointed the arrival of the said Ship or Vessel with her Name and the Name and Sirname of her Master or Commander and have shewen to him that she is an English-built Ship or made good by producing such Certificate as abovesaid that she is a Ship or Vessel bona fide belonging to England Wales or the Town of Berwick and navigated with an English Master and thrée fourth parts of the Mariners at least English-men and have delivered to such Governour or other person or Officer a true and perfect Inventory or Invoyce of her Lading together with the place or places in which the said Goods were laden or taken into the said Ship or Vessel under the pain of the loss of the Ship or Vessel with all her Guns Ammunition Tackle Furniture and Apparel and of all such Goods of the growth Production or Manufacture of Europe as were not bona fide laden and taken in in England Wales or the Town of Berwick to be recovered and divided in manner aforesaid And all such as are Governours or Commanders of any the said Lands Islands Plantations Colonies Territories or Places Tangier only excepted shall before the Five and twentieth day of March One thousand six hundred sixty and four and all such as shall hereafter be made Governours or Commanders of any of them shall before their entrance upon the Execution of such trust or charge take a solemn Oath before such person or persons as shall be authorized by his Majesty his Heirs and Successors to administer the same to do their utmost within their respective Governments or Commands to cause to be well and truly observed what is in this Act Enacted in relation to the Trade of such Lands Islands Plantations Colonies Territories and Places under the penalty of being removed out of their respective Governments and Commands And if any of them shall be found after the taking of such Oath to have wittingly and willingly offended contrary to what is by this Act required of them That they shall for such offence be turned out of their Governments and be incapable of the Government of any other Land Island Plantation or Colony and moreover forfeit the sum of one thousand pounds of lawful money of England the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any of his Majesties Courts in any of the said Plantations or in any Court of Record in England wherein no Essoign Protection or Wager in Law shall be allowed Penalty upon Officers of the Customs And it is
hereby further Enacted That if any Officer of the Customs in England Wales or Town of Berwick upon Tweed shall give any Warrant for or suffer any Sugar Tobacco Ginger Cotton-wool Indico Speckle-wood or Jamaica Wood Fustick or other Dying Wood of the growth of any of the said Lands Islands Colonies Plantations Territories or Places to be carryed into any other Countrey or place whatsoever until they have béen first unladen bona fide and put on shore in some Port or Haven in England or Wales or in the Town of Berwick That every such Officer for such offence shall forfeit his place and the value of such of the said goods as he shall give Warrant for or suffer to pass into any other Countrey or place the one moyety to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform or sue for the same in any Court of Record in England or Wales wherein no Essoign Protection or Wager in Law shall be allowed Encouragement of Plantations and encrease of Shipping And for the better encouragement of the said Plantations and the increase of the Shipping and Navigation of this Kingdom Be it Enacted and it is hereby Enacted by the Authority aforesaid That from and after the five and twentieth day of March one thousand six hundred sixty and four it shall and may be lawful out of any Port of England or Wales or out of the Town of Berwick Sea-coals to ship and lade Sea-coals for any part of them paying for the Chalder Newcastle measure one shilling eight pence and for the Chalder London-measure one shilling and no more in full of all Custom and Poundage for the same Any Law Statute or Prohibition to the contrary in any wise notwithstanding Provided That such Sea-coals be shipped in such shipping and so Navigated as abovesaid And that good security be given to the Officers of the Customs in such Port in which they are shipped for the landing them in the said Plantations and not elswhere And forasmuch as several considerable and advantagious Trades cannot be conveniently driven and carried on without the Species of Money or Bullion and that it is found by experience that they are carried in greatest abundance as to a common Market to such places as give frée liberty for exporting the same and the better to kéep in and increase the current Coins of this Kingdom Be it Enacted and it is hereby Enacted That from and after the first day of August one thousand six hundred sixty and thrée it shall and may be lawful to and for any person or persons whatsoever to Export out of any Port of England or Wales in which there is a Customer or Collector or out of the Town of Berwick all sorts of Foreign Coyn or Bullion of Gold or Silver Foreign coin or bullion may be exported first making entry thereof in such Custom-house respectively without paying any Duty Custom Poundage or Fée for the same Any Law Statute or Vsage to the contrary notwithstanding And lastly Whereas a very great part of the richest and best Land of this Kingdom is and cannot so well be otherwise imployed and made use of as in the Féeding and Fattening of Cattel And that by the coming in of late of vast numbers of Cattel already fatted such Lands are in many places much fallen and like daily to fall more in their Rents and Values and in consequence other Lands also to the great prejudice detriment and impoverishment of this Kingdom Be it further Enacted by the Authority aforesaid and it is hereby Enacted That for every head of great Cattel except such as are of the bréed of Scotland that shall be imported or brought into England Penalties upon importation of Foreign cattel at certain times Wales or the Town of Berwick upon Tweed after the first day of July and before the twentieth day of December in any year And for every head of great Cattel of the bréed of Scotland that shall be imported or brought into England Wales or the Town of Berwick after the four and twentieth day of August and before the twentieth day of December in any year there shall be paid to his Majesty his Heirs and Successors the sum of twenty shillings And the sum of ten shillings to him or them that shall inform or seise the same And the sum of ten shillings to the Poor of the Parish where such Seisure or Information shall be made to be recovered and levied by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And moreover That there shall be paid to his Majesty his Heirs and Successors for every Shéep which shall be Imported into England Wales or the Town of Berwick aforesaid after the First day of August and before the Twentieth day of December in any year the sum of Ten shillings of lawful money of England to be recovered and levied in manner aforesaid Provided always That this Act in so far as it relates to great Cattel or Shéep The continuance of this Act as to importation of cattel Encouragement of Herring Fisheries shall not take place till the First day of July One thousand six hundred sixty and four nor continue longer then the end of the First Session of the next Parliament And for the encouragement of the Herring and North-Sea Island and Westmony Fisheries Be it Enacted and it is hereby Enacted by the authority aforesaid That from and after the First day of August which shall be in the year of our Lord One thousand six hundred sixty and four no Fresh Herring Fresh Cood or Haddock Coal-fish or Gull-fish shall be Imported into England Wales or the Town of Berwick but in English-built Ships or Vessels or in Ships or Vessels bona fide belonging to England Wales or the Town of Berwick and having such Certificate thereof as is abovesaid and whereof the Master and thrée Fourths at the least of the Mariners are English and which hath béen fished caught and taken in such Ships or Vessels and so navigated and not being â—ought or had of any strangers born or out of any strangers Bottoms under the pain of the forfeiture of all such Herring Codd Haddock Coal-fish or Gull-fish impâ—â—ted contrary to the true intent and meaning hereof and of the Ship or Vessel in which it was Imported One moyety of which forfeitures shall be to his Majesty his Heirs and Successors and the other moyety to him or them that shall inform seise or sue for the same to be recovered by Bill Plaint or other Action wherein no Essoign Protection or Wager in Law shall be allowed And be it further Enacted and it is hereby Enacted by the Authority aforesaid Duties to be paid upon importation of salted or dried Fish That for the following sorts or kinds of salted or dried Fish which from and after the said First day of August shall be imported into England Wales or
executed in such manner as Iudgement of Transportation by this Act is to be executed But in case such person shall take the said Oath then he shall thereupon be discharged Peers offending how to be proceeded against Provided always and be it Enacted by the Authority aforesaid That if any Péer of this Realm shall offend against this Act he shall pay Ten pounds for the first offence and Twenty pounds for the second offence to be levied upon his Goods and Chattels by Warrant from any two Iustices of the Peace or Chief Magistrate of the Place or Division where such Peer shall dwell and that every Péer for the third and every further offence against the tenour of this Act shall be tried by his Péers and not otherwise The continuance of this Act. Provided also and be further Enacted by the Authority aforesaid That this Act shall continue in force for Thrée years after the end of this present Session of Parliament and from thenceforward to the end of the next Session of Parliament after the said Thrée years and no longer CAP. V. Against Disturbances of Sea-men and others and to preserve the Stores belonging to His Majesties Navy Royal. WHereas divers fightings quarrellings and disturbances do often happen in and about His Majesties Offices Yards and Stores for His Majesties Royal Navy and frequent differences and disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days in London Portsmouth and other places of méeting for the service of the said Navy and that either by the unreasonable turbulency of Sea-men and others attending on or relating to that Service or their Creditors or by the rudeness of the Officers intrusted with His Majesties Stores on Land or in his Royal Ships when they are questioned by the principal Officers and Commissioners of the said Navy either for neglect or imbezelment of His Majesties Provisions Ammunitions or other Equipage of the Navy under their charge And that not only to the disturbance of the Peace but sometimes to the danger and hindrance of His Majesties Service both in point of Husbanding His Majesties Revenue and also in dispatch of the Ships on which the honour and safety of His Majesty and Kingdom so much depends which Inconveniences require a spéedier Remedy then the ordinary attendance on the Sessions of the Peace can give the parties accused or offending being many times bound to Sea And the principal Officers and Commissioners for want of authority to suppress such Insolencies and determine such Cases being necessitated to pass by many offences in which His Majesty might be righted if their necessary attendance on that Important Service would permit the prosecution of the Offenders before other ordinary Iudicatures Be it therefore Enacted by the Kings most Excellent Majesty with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by Authority of the same That the Treasurer Comptroller Surveyour Clerk of the Acts and the Commissioners of the Navy for the time being Who may punish disturbances by Sea-men and others relating to the Navy Office or any two or more of them have power and Authority to examine and punish all such person and persons whom they upon their enquiry examination or on view in their presence shall find hereafter to make or have made any disturbance fighting or quarrelling in the Yards Stores or Offices aforesaid at Pay-days or on other occasions relating to the Naval Services in such manner as followeth that is to say That they or any two or more of them may punish any the said offences by Fine Imprisonment or either of them the Fine not excéeding twenty shillings and the Imprisonment not excéeding one wéek and have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them who respectively are to receive and detain such person so offending And that the said principal Officers Commissioners or the greater number of them then present have power to discharge such Fine or Imprisonment if they so think fit And for non-payment of the Fine so Imposed and not remitted to imprison the party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Sea-men and that the examination of witnesses be upon oath before them which they any two or more of them are accordingly impowred to administer And it is further by the Authority aforesaid Enacted That the said Officers and Commissioners or any two or more of them in Cases where greater example or punishment is néedful may also bind the person and persons offending to their good behaviour with or without Securities as occasion shall be Imbezilling of Stores and Ammunition And whereas divers of His Majesties Stores and Ammunition pertaining to his Navy and Shipping or service thereof are Imbezelled and Filched away It is by like Authority Enacted That the said principal Officers and Commissioners or any two or more of them by warrant under their hands and seals have power in like manner to enquire and search for the same in all places as Iustices of the Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if th◠offence be of such nature as doth require a higher and severer punishment Then that they or any two or more of them may commit such offenders to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they so offending enter into Recognizance with Surety or Sureties according to the nature of the offence to appear and answer to the same in his Majesties Court of Exchequer or other Court where his Majesty shall question him or them for the same within one year following on process duly served for that purpose on such offender or offenders And it is Declared and Enacted by the Authority aforesaid That they the said principal Officers and Commissioners or any two or more of them may put in use the said powers on the Offenders as aforesaid in all places where they hold an Office for his Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding This Act to continue for two years from the First day of June The continuance of this Act. 19 Car. 2. cap. 7. One thousand six hundred sixty and four And from thence to the end of the next Session of Parliament CAP. VI. To prevent the delivering up of Merchants Ships WHereas it often happeneth that Masters and Commanders of Merchants Ships do suffer their Ships to be boarded and the goods to be taken out by Pyrats and Sea-Rovers notwithstanding they have sufficient force to defend themselves whereby not only the Merchants are much prejudiced but the honour of the English Navigation
is thereby much diminished and Merchants discouraged from lading their goods on board English Ships to the decay of Shipping In the preservation whereof the wealth honour and safety of this Nation is so much concerned To which the said Masters are encouraged by a practice used towards them by the Turks and others who after they have taken out the goods as an encouragement to Masters of Ships to yield do not only restore the Ship with such goods as are claimed by the Masters or Sea-men but many times pay unto the Masters all or some part of the Freight which hath many times caused suspition of treachery in the said Masters to the great dishonour of the English Nation For the prevention thereof for the future and for the better encouragement to Merchants as well Foreigners as English to Freight and use English Ships Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons Assembled in Parliament and by Authority of the same English Ships not to be yielded up to Turks or Pyrats That where any Goods or Merchandizes shall be laden on board any English Ship which Ship shall be of the burthen of Two hundred Tuns or upwards and mounted with sixtéen Guns or more if the Master or Commander shall yield up the said Goods to any Turkish Ships or Vessels or to any Pyrats or Sea-Rovers whatsoever without fighting That then and in such case the Master shall upon proof thereof made in the high Court of Admiralty be from thenceforth incapable of taking charge of any English Ship or Vessel as Master or Commander thereof The Penalty And if he shall at any time thereafter presume to take upon him to Command any English Ship or Vessel he shall suffer Imprisonment by warrant from the said Court during the space of six moneths for every offence And in case the persons so taking the said Goods shall release give back or let pass the Ship or shall pay unto the said Master any sum or sums of money or any goods in lieu of money for freight or other reward or gift That in all or any such cases the said goods or money so given or the value thereof as also the Masters part of such Ship her Tackle Apparel and Furniture so released given back or let pass out of which the said goods were taken shall be lyable to repair the persons whose Goods were so delivered or taken by Action in the High Court of Admiralty And in case the Commanders or Masters part of the Ship Tackle Apparel and Furniture together with such money and goods given as aforesaid shall not be sufficient to repair all the damages sustained then the Reparations to be recovered on the Masters or Commanders part of the Ship to be divided pro Rata amongst the persons prosecuting and proving their damages and the persons damaged to have their Action against the Master for the remainder And be it further Enacted by the Authority aforesaid Masters of Ships That no Master of any such English Ship as aforesaid being at Sea and having discovered any Ship to be a Turkish Ship Pyrat or Sea-Rover shall depart out of his Ship upon any pretence whatsoever lest by his detention on board any such Ship the safety of his own Ship be hazarded And be it further Enacted That if the Master of any English Ship or Vessel though not of the Burthen of Two hundred Tuns or mounted with Sixtéen Guns as aforesaid shall yield his said Ship unto any Turkish Ship Pyrat or Sea-Rover not having at the least double his number of Guns without fighting Every such Master shall be liable to all and every the penalties in this Act contained And be it further Enacted by the Authority aforesaid Process out of the Court of Admiralty That upon Process made out of the High Court of Admiralty It shall and may be lawful to and for all Commanders of his Majesties Ships of War or the Commanders of any other English Ships to seize such Ships or Masters so offending according to the said Process in such case to be issued and the same to bring or send in custody into any Ports of His Majesties Dominions there to be procéeded against according to the intent and meaning of this Act. Provided that none be hereby encouraged to violate the Rights oâ— the Ports of any Foreign Prince or State in amity with the Kings Majesty Mariners or inferiour officers declining to fight And be it further Enacted by the Authority aforesaid That if the Mariners or inferiour Officers of any English Ship laden with Goods and Merchandizes as aforesaid shall decline or refuse to fight and defend the Ship when they shall be thereunto commanded by the Master or Commander thereof or shall utter any words to discourage the other Mariners from defending the Ship The Penalty That every Mariner who shall be found guilty of declining or refusing as aforesaid shall lose all his wages due to him together with such goods as he hath in the Ship and suffer Imprisonment not excéeding the space of Six moneths and shall during such time be kept to hard labour for his or their maintenance Provided always That if any Ship shall have béen yielded as aforesaid contrary to the will and endeavour of the Master or Commander by the disobedience of his Mariners testified by their having laid violent hands on him That in such case the Master or Commander shall not be liable to the sentence of Incapacity as aforesaid nor to any Action for the losses sustained by the Merchants unless he shall have received back from the takers thereof his Ship or some recompense gift or reward as aforesaid And be it further Enacted by the Authority aforesaid That every Mariner who shall have laid violent hands on his Commander whereby to hinder him from fighting in defence of his Ship and Goods committed to his trust shall suffer death as a Felon And for the better encouragement to Captains Masters Officers and Sea men to defend their Ships Encouragement to Captains and Sâ—amen to defend their Ships Be it Enacted by the Authority aforesaid That when any English Ship shall have béen defended by fight and brought to her designed Port in which fight any of the Officers or Sea men shall have béen wounded it shall and may be lawful to and for the Iudge of His Majesties High Court of Admiralty or his Surrogate or the Iudge of the Vice-Admiralty within which the Ship shall arrive at her return upon Petition of the Master or Seamen of such Ship so defended as aforesaid to call unto him such and so many as he shall be informed to be Adventurers or Owners of the Ship and Goods so defended and by advice with them to raise and levy upon the respective Owners and Adventurers by Process out of the said Court such sum or sums of money as himself with the
moneys as shall be paid by them in pursuance of this Act which Acquittances shall be a full Discharge to the said Head-collectors and Sub-collectors respectively Acquittances And the said Sub-collectors shall make and deliver to the said Head-collectors a perfect Schedule fairly written in Parchment under their hands and seals signed and allowed by any two or more of the respective Commissioners containing the names sirnames and places of abode of every person within their respective Collection that shall make default of payment of any of the sums that shall be Rated or Assessed on such person by vertue of this Act and the sum and sums charged on every such person The same Schedule to be delivered by the Head-collector to the Receiver-general of that County City Town or Liberty respectively to be by him returned into His Majesties Exchequer Whereupon every person so making default of payment may be charged by Process of the Court according to the course thereof in that behalf None shall be double charged for his Titles or degrees Provided always and be it Enacted That no person shall by vertue of this Act be doubly charged for or in respect of several Titles Honours or Degrées but that every such person shall be charged and assessed for such Title Honour or Degrée onely as is Highest Rated by this Act. Not Letters Patents of Exemption allowable against this Taxe And be it further Enacted by the Authority aforesaid That no Letters Patents granted by the Kings Majesty or any of His Royal Progenitors or to be granted by His Majesty to any person or persons Cities Boroughs or Towns corporate within this Realm of any manner of Liberties Priviledges or Exemptions from Subsidies Toll Taxes Assessments or Aids shall be construed or taken to exempt any person or persons City Borough or Town-corporate or any the Inhabitants of the same from the burthen and charge of any sum or sums of money granted by this Act or any other Act of this Parliament now in force to the Aid and Supply of His Majesty in the present War And all Non-obstantes in any such Letters Patents made or to be made in bar of any Act or Acts of Parliament for the supply or assistance of His Majesty are hereby declared to be void and of none effect Non obstante Any such Letters Patents Grants or Chatter or any Clause of Non obstante or other matter or thing therein contained or any Law or Statute to the contrary notwithstanding No former Receiver not having accompted may be a receiver upon this Act. Provided always and be it Enacted by the Authority aforesaid That if any person being a Receiver of money due upon any former Act of this present Parliament not having accompted for all the moneys by him received and to be accompted for upon such Act or Acts before Michaelmas One thousand six hundred sixty six shall be appointed Receiver for any the moneys due by this Act and shall intermeddle therein every such person shall forfeit the sum of Five hundred pounds to be recovered by any person or persons that will sue for the same in any of His Majesties Courts of Record by Action of Debt Bill Plaint or other Information wherein no Essoyn Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance Provided always And be it Enacted That Thirty thousand pounds and no more of the money to be raised by this Act How Peers shall be rated may be applyed for the payment of His Majesties Guards Provided nevertheless And be it further Enacted That all and every the Péers who are to be rated by vertue of this Act for their Offices and personal Estates shall be rated by John Lord Roberts Lord Kéeper of the Privy Seal George Duke of Buckingham George Duke of Albemarle General of His Majesties Forces by Sea and Land Edward Earl of Manchester Lord Chamberlain of his Majesties Houshold Anthony Earl of Kent Richard Earl of Dorset John Earl of Bridgewater James Earl of Northampton Oliver Earl of Bolingbrook Thomas Earl Rivers Arthur Earl of Essex Arthur Earl of Anglesey Charles Earl of Carlisle William Earl of Craven Richard Lord Archbishop of York Humphrey Lord Bishop of London George Lord Bishop of Winchester Benjamin Lord Bishop of Lincoln Seth Lord Bishop of Exeter Edward Lord Bishop of Carlisle John Lord Bishop of Rochester Henry Lord Arlington one of His Majesties Principal Secretaries of State George Lord Berkley of Berkley-Castle Philip Lord Wharton Charles Lord Howard of Charlton William Lord Grey of Wark Francis Lord Newport John Lord Lucas John Lord Bellasyse Charles Lord Gerard of Brandon Charles Lord Cornwallis and Anthony Lord Ashley Chancellour and Vnder-treasurer of His Majesties Exchequer or any five of them and not otherwise and shall not be Subject to the Imprisonment of his or their Persons Any thing in this Act contained to the contrary in any wise notwithstandding And to the intent that all Moneys to be lent to Your Majesty and the Moneys that shall be due upon Contracts for Wares Ships Goods Victuals or other Necessaries which shall be delivered for this Service may be well and sufficiently secured out of the Moneys arising and payable by this Act. Be it further Enacted by the Authority aforesaid How moneys sent oâ—â—ares advanced upon this Act may be secuâ—ed That there shall be provided and kept in Your Majesties Exchequer to wit in the Office of the Auditor of the Receipt One Book or Register in which all Moneys that shall be paid into the Exchequer shall be Entred and Registred apart and distinct from all other Moneys paid or payable to Your Majesty or to Your Heirs or Successors upon any other Branch of Your Revenue or upon other Accompt whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other Necessaries bought or Ships hired or other payments directed by Your Majesty relating to the service of this War And that no Moneys leviable by this Act be issued out of the Exchequer during this War but by such Order or Warrant mentioning That the Moneys payable by such Order or Warrant are for the service of Your Majesty in the said War respectively That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants And that it shall be lawful for any person or persons willing to lend any Money or to furnish any Wares Victuals Ships Goods or other Necessaries on the Credit of this Act at the usual times when the
Exchequer is open to have access unto and review and peruse all or any of the said Books for their Information of the State of those Moneys and all Engagements upon them for their better encouragement to lend any Moneys or furnish any Goods Wares Victuals Ships or other Necessaries as aforesaid And that the Auditor of the Receipt his Deputies and Clerks shall be assistant to such persons for their better and spéedier satisfaction in that behalf And that all and every person and persons who shall lend any Moneys to Your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his Repayment bearing the same Date with his Tally in which Order shall be also contained a Warrant for payment of Interest for forbearance after the Rate of Sir per Cent. per annum for his consideration to be paid every thrée Moneths until the repayment of his Principal And that all person and persons who shall furnish Your Majesty Your Officers of the Navy or Ordnance with any Wares Goods Ships Victuals or any other Necessaries for the Service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordinance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the Moneys due or payable unto them which Certificates the said Officers of Your Navy Commissioners and Officers of the Ordnance shall make without Fée Charge or Delay And that all Orders for Repayment of Money lent shall be Registred in course according to the Date of the Tallies respectively And that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of Moneys for Goods Wares Victuals and other Necessaries furnished to Your Majesty Your Officers Master or Commissioners as aforesaid shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned And that all Orders so Signed for payments directed by His Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of Money Supplies of Wares Goods Victuals or other necessaries or by special direction shall have preference one before another but shall all be Entred in their course according to the dates of the Tallies the times of bringing their Certificates and the dates of the Orders for Payments directed by His Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand Entred in the said Register-Book Be it Orders for Payments directed by His Majesty or of Moneys lent or for Wares Commodities Ships Victuals or other necessaries furnished as aforesaid so as that the person Native or Foreigner his Executors Administrators and Assigns who shal have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act And he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order liable to the satisfaction of the said respective parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose whatsoever And that no Fée Reward or Gratuity directly or indirectly be demanded or taken of any Your Majesties Subjects for providing or making of any such Books Registers Entries View Search or Certificate in or for payment of money lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of Your Majesties Navy and Ordnance as aforesaid by any of Your Majesties Officer or Officers their Clerks or Deputies on pain of payment of treble damages to the party grieved by the party offending with Costs of Suit And if the Officer himself take or demand any such Fée or reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be liable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of His Master then such Deputy or Clerk onely shall be liable to such Action Debt Damages and Costs and shall be for ever after uncapable of his Place or Office And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and their respective Deputies and Clerks herein offending to be liable to such Action Debt Damages and Costs in such manner as aforesaid All which said Penalties Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer Navy or Ordnance or any their Deputies or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoyn Protection Priviledge Wager of Law Injunction or Order of restraint shall be in any wise granted or allowed Entries of Tallies or Certificates dated the same day Provided always and be it hereby Declared That if it happen that several Tallies of Loan or Certificates for Wares delivered or Orders for Payments directed by Your Majesty as aforesaid bear date or be brought the same day to the Auditor of the Receipt to be Registered then it shall be interpreted no undue preference which of these he enters first so he enters them all the same day Provided also That it shal not be interpreted any undue preference to incur any penalty in point of payment If the Auditors direct and the Clerk of the Pells record and the Teller do pay subsequent Orders of persons that come and demand their money and bring their Orders before other persons that did not come to demand their money and bring their Order in their course so as there be so much money reserved as will satisfie their Orders which shall not be otherwise disposed but kept for them Interest upon Loan being to cease from the time the money is so reserved and kept in bank for them Rights and titles to money sent
themselves for seven years That if such person or persons for whose life or lives such Estates have béen or shall be granted as aforesaid shall remain beyond the Seas or elsewhere absent themselves in this Realm by the space of Seven years together and no sufficient and evident proof be made of the lives of such person or persons respectively in any Action commenced for recovery of such Tenements by the Lessors or Reversioners in every such case the person or persons upon whose life or lives such Estate depended shall be accounted as naturally dead And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners their Heirs or Assigns The Iudges before whom such Action shall be brought shall direct the Iury to give their Verdict as if the person so remaining beyond the Seas or otherwise absenting himself were dead What shall be a good challenge to Iurors upon tryal of Lives in being And be further Enacted That in any such Action wherein the life or death of any such person or persons shall come in question betwéen the Lessor or Reversioner and the Tenant in possession it shall and may be lawful for the Lessor or Reversioner to take exception to any of the Iurors returned for the trial of that cause that the greatest part of the real Estate of any of such Iurors is held by Lease or Copy for lives who upon proof thereof shall be set aside as in case of other legal challenges Provided always and be it Enacted by the Authority aforesaid Proviso for Lands held by lives of certain Traytors attainted That nothing in this Act contained shall extend to any Lands held by the life or lives of any person or persons attainted of Treason for the horrid murder of his late Majesty of blessed memory who now conceal or hide themselves which Lands are or have béen vested in His Majesty and are now granted to his Royal Highness the Duke of York but that the course of Evidence heretofore used in such cases shall be had and used Any thing to the contrary in this Act notwithstanding Provided always and be it Enacted Proviso for persons evicted by this not being in truth dead That if any person or persons shall be evicted out of any Lands or Tenements by vertue of this Act and afterwards if such person or persons upon whose life or lives such Estate or Estates depend shall return again from beyond the Seas or shall on proof in any Action to be brought for recovery of the same be made appear to be living or to have béen living at the time of the Eviction That then and from thenceforth the Tenant or Lessée who was outed of the same his or their Executors Administrators or Assigns shall or may re-enter re-possess have hold and enjoy the said Lands or Tenements in his or their former Estate for and during the life or lives or so long term as the said person or persons upon whose life or lives the said Estate or Estates depend shall be living and also shall upon Action or Actions to be brought by him or them against the Lessors Reversioners or Tenants in possession or other persons respectively which since the time of the said Eviction received the Profits of the said Lands or Tenements recover for damages the full Profits of the said Lands or Tenements respectively with lawfull Interest for and from the time that he or they were outed of the said Lands or Tenements and kept or held out of the same by the said Lessors Reversioners Tenants or other persons who after the said Eviction received the Profits of the said Lands or Tenements or any of them respectively aswell in the case when the said person or persons upon whose Life or Lives such Estates or Estates did depend are or shall be dead at the time of bringing of the said Action or Actions as if the said person or persons were then living CAP. VII Disturbances of Seamen and others prevented and to preserve the Stores belonging to His Majesties Navy Royal. WHereas divers Fightings Quarrelings and Disturbances do often happen in about His Majesties Offices Yards and Stores for His Majesties Royal Navy 16 Car. 2. cap. 5. and frequent Differences and Disorders are occasioned in the Office of His Majesties Treasury of the Navy on Pay-days in London Portsmouth and other places of méeting for the Service of the said Navy And that either by the unreasonable Turbulency of Seamen and others attending on Turbulency of Seamen or relating to that Service or their Creditors or by the rudeness of the Officers intrusted with His Maiesties Stores on Land or in His Royal Ships when they are questioned by the Principal Officers and Commissioners of the said Navy either for neglect or Imbezelment of His Majesties Provisions Ammunition or other Equipage of the Navy under their Charge and that not onely to the disturbance of the Peace but sometimes to the danger and hindrance of His Majesties Service both in point of husbanding His Majesties Revenue and also on the dispatch of the Ships on which the Honour and Safety of His Majesty and Kingdom so much depends Which inconveniencies require a spéedie remedy then the ordinary attendance on the Sessions of Peace can give the Parties Accused or Offending being many times bound to Sea and the Principal Officers and Commissioners for want of Authority to suppress such Insolencies and determine such Cases being necessitated to pass by many Offences in which His Majesty might be righted if their necessary attendance on that important Service would permit the prosecution of the Offenders before other ordinary Iudicatures Be it therefore Enacted by the Kings most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the Authority of the same Who may examine and punish offences and disturbances committed by Seamen relating to the Navy That the Treasurer Comptroller Surveyor Clerk of the Acts and the Commissioners of the Navy for the time being or any one or more of them have power and authority to examine and punish all such person and persons whom they upon their enquiry examination or on view in their presence shall find hereafter to make or have made any Disturbance Fighting or Quarrelling in the Yards Stores or Offices aforesaid at Pay-days or on other occasions relating to the Naval Services in such manner as followeth That is to say That they or any one or more of them may punish any the said Offences by Fine Imprisonment or either of them the Fine not excéeding Twenty shillings and Imprisonment not excéeding one week And have power in such cases to commit such persons to the next Gaol or to the custody of the Messenger or Messengers for the time being attendant on them who respectively are to receive and detain such person so offending And that the said principal Officers and Commissioners or the greater number
of them then present have power to discharge such Fine or Imprisonment if they think fit And for non-payment of the Fine so imposed and not remitted to Imprison the Party offending until payment thereof which said Fines shall be paid to the Clerk of the Chest for the use of the maimed Seamen And that the examination of Witnesses be upon Oath before him or them which they any one or more of them are accordingly impowred to Administer And it is further by Authority aforesaid Enacted That the said Officers and Commissioners or any one or more of them in cases where greater example or punishment is néedful may also bind the person or persons so offending to their good behaviour with or without Securities as occasion shall be Imbezeling of Stores and Ammunition of the Navy And whereas divers of His Majesties Stores and Ammunition pertaining to His Navy and Shipping or Service thereof are imbezelled or filched away It is by the like Authority Enacted That the said Principal Officers and Commissioners or any one or more of them by Warrant under their Hands and Seals have power in like manner to inquire and search for the same in all places as Iustices of Peace may do in case of Felony and punish the Offenders by such Fine and Imprisonment as aforesaid and cause the Goods to be brought in again And if the Offence be of such nature as doth require an higher and severer punishment Then that they any one or more of them may commit such Offender to the next Gaol or to the custody of their Messenger or Messengers aforesaid till he or they offending enter into Recognizance with Surety or Sureties according to the nature of the Offence to appear and answer to the same in His Majesties Court of Exchequer or other Court where His Majesty shall question him or them for the same within one year following on Process duly served for that purpose on such Offender or Offenders And it is Declared and Enacted by the Authority aforesaid That they the said Principal Officers and Commissioners or any one or more of them may put in use the said Powers on the Offenders as aforesaid in all places where they hold an Office for His Majesty as well within Liberties as without Any Law Statute Ordinance Charter or Priviledge to the contrary notwithstanding Encouragement of Mariners and Souldiers serving in the Fleet. And for the better encouraging of such Mariners and Souldiers as now do or shall serve His Majesty in His Fléet or Ships during this War Be it further Enacted by the Authority aforesaid That no Ordinary Register or other Officer belonging to any Ecclesiastical Court or Court of Orphans or any Iurisdiction whatsoever within the Kingdom of England or Dominion of Wales or Town of Berwick shall take or receive of the Executor or Administrator Executors or Administrators of any Mariner or Souldier dying in the pay of His Majesties Navy during this present War above the sum of Twelve pence for the Probate of any Will Registring the same granting Letters of Administration exhibiting any Inventory or for any other matter or thing relating thereunto And for every default herein by wilful delay in the doing granting or executing the Premisses the person or persons so offending shall forfeit to the party grieved the sum of Ten pounds to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster or elsewhere wherein no Essoign Priviledge Protection or Wager of Law shall be allowed Any Law or Statute or Vsage to the contrary notwithstanding The Continuance of this Act. This Act to continue for Two years from the First day of February One thousand six hundred sixty and six and from thence to the end of the next Session of Parliament CAP. VIII Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings granted to the Kings Majesty towards the Maintenance of the present War VVE Your Majesties most Dutiful and Loyal Subjects the Commons assembled in Parliament as a further Aid and Assistance of Your Majesty during the present Wars have given and granted and by these presents do give and grant unto Your most Excellent Majesty the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings to be raised and levied in manner following And we do most humbly beseech Your Majesty that it may be Enacted and be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by the Authority of the same That the sum of Twelve hundred fifty six thousand three hundred fourty seven pounds thirteen shillings shall be raised levied and paid unto Your Majesty within the space of eleven Moneths in manner following that is to say Whereas in and by a certain Act of Parliament lately passed Entituled 16 17 Car. 2. cap. 1. An Act for granting a Royal Aid unto the Kings Majesty of Twenty four hundred threescore and seventeen thousand and five hundred pounds to be raised levied and paid in the space of three years It was amongst other things Enacted That the sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings by the Moneth for thirty six Moneths from the five and twentieth day of December One thousand six hundred sixty four should be assessed taxed collected levied and paid by twelve quarterly payments in the several Counties Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed according to the several Rates and Proportions and in such manner as in the said Act is expressed And whereas also in and by one other Act of Parliament passed in the Sessions of Parliament lately held at Oxford Entituled 17 Car. 2. c. ◠An Act for granting the sum of Twelve hundred and fifty thousand pounds to the Kings Majesty for his present further Supply It was amongst other things further Enacted That the sum of fifty two thousand fourscore and three pounds six shillings eight pence by the Moneth for twenty four Moneths beginning from the five and twentieth day of December One thousand six hundred sixty and five should be likewise assessed taxed collected levied and paid by eight Quarterly payments in the several Cities Boroughs Towns and places within England and Wales and the Town of Berwick upon Tweed over and above the said sum of threescore and eight thousand eight hundred and nineteen pounds and nine shillings as an addition to and increase of the said Monethly Assessment according to the Rates and Proportions therein expressed Both which sums together amount unto the sum of one hundred and twenty thousand nine hundred and two pounds fifteen shillings eight pence by the Moneth And whereas also in and by one other Act of Parliament passed in the same Sessions Entituled An Act for Granting One
thousand and ninety four pounds fifteen shillings and eleven pence The County of Worcester the sum of one thousand eight hundred fifty one pounds ten shillings and ten pence The City and County of the City of Worcester the sum of ninety seven pounds nine shillings and three farthings The County of Wilts the sum of three thousand four hundred fifty five pounds seven shillings one peny half-peny The County of Westmerland the sum of two hundred and three pounds fifteen shillings eight pence half-peny The Isle of Anglesey the sum of two hundred and twenty pounds fifteen shillings and ten pence The County of Brecknock the sum of four hundred ninety six pounds six shillings six pence The County of Cardigan the sum of one hundred eighty five pounds sixteen shillings and eleven pence three farthings The County of Carmarthen the sum of four hundred and seventy eight pounds ten shillings three pence half-peny The County of Carnarvan the sum of two hundred fifty seven pounds eleven shillings three farthings The County of Denbigh the sum of three hundred ninety two pounds thirteen shillings eight pence half-peny The County of Flint the sum of two hundred and eight pounds sixteen shillings three pence three farthings The County of Glamorgan the sum of six hundred and sixty five pounds fourteen shillings one peny three farthings The County of Merioneth the sum of one hundred seventy seven pounds one shilling nine pence three farthings The County of Mountgomery the sum of four hundred eighty five pounds eighteen shillings eight pence The County of Pembrook the sum of five hundred seventy three pounds eleven shillings seven pence three farthings The County of Radnor the sum of three hundred and six pounds five shillings two pence three farthings The Town of Haverford-West the sum of twenty six pounds and thirteen shillings And be it further Enacted by the Authority aforesaid That all and every the persons who are nominated in and by the said first recited Act and in and by an Act passed this present Session of Parliament Entituled An Act for Raising Money by a Poll and otherwise 18 Car. 1. c. â— towards the Maintenance of the present War to be Commissioners of and for the several and respective Counties Cities Boroughs Towns and Places therein or in either of them mentioned shall likewise be so and so are hereby appointed to be Commissioners for execution of this present Act within the several and respective Counties Cities Boroughs Towns and Places for which they were nominated in the aforesaid Acts or either of them and shall have and execute the like power and authority rules and directions touching the better Assessing Collecting Levying Receiving and Paying the said one hundred and fourteen thousand two hundred and thirteen pounds thirteen shillings half-peny by the moneth during the said eleven moneths as in and by the said first mentioned Act were given to the said Commissioners touching the better Assessing Collecting Receiving and paying the threescore and eight thousand eight hundred and nineteen pounds nine shillings by the moneth payable as aforesaid And all and every person or persons who shall be lyable unto or any ways concerned or imployed in the Assessing Collecting Levying Receiving or paying any of the moneys by this Act imposed shall have like benefit advantages allowances and discharges and shall be subject to like penalties and forfeitures in case of any neglect or refusal to pay their respective Assessments or to perform their respective Duties as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving or paying any of the moneys by the said former Acts imposed ought to have or be subject unto as fully and amply as if the same Clauses matters and things had been in this Act particularly repeated and Enacted To the end that the said eleven Monethly Assessments granted by vertue of this present Act may be duly answered and paid in as aforesaid Be it further Enacted That the several Commissioners shall meet together at the most usual and common place of meeting as in the said first recited Act is directed The meeting of the Commissioners on or before the second Tuesday in February which shall be in the year of our Lord one thousand six hundred sixty seven to put this Act in execution according to the best of their judgments and discretions and shall then if they see cause sub-divide as well themselves as others as by the said Act is further directed concerning the said former Assessment And further That they meet at least three weeks before each payment of the said several Assessments for the purposes aforesaid And that the said payments of one hundred and fourteen thousand two hundred and thirteen pounds eight shillings and five pence half-peny by the Moneth shall be assessed collected levied and paid to the Receiver of the several Counties appointed or that shall be appointed by his Majesty and by them answered and paid into his Majesties Exchequer on the dayes and times hereafter mentioned and expressed Be it Enacted by the Authority aforesaid That the sum of two hundred twenty eight thousand four hundred twenty six pounds sixteen shillings and eleven pence being the first payment for the first two Moneths of the aforesaid eleven Moneths hereby imposed shall be assessed collected levied and paid in to the said Receiver-General of the said several Counties who shall be appointed by his Majesty and who are hereby required to transmit or cause the same to be paid into his Majesties Receipt of his Exchequer on or before the first day of May in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the second payment of the said eleven Moneths on or before the first day of August in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the third payment of the said eleven Moneths on or before the first day of November in the year of our Lord one thousand six hundred sixty and eight And the sum of three hundred forty two thousand six hundred and forty pounds five shillings four pence half-peny being the fourth and last payment of the said eleven Moneths on or before the first day of February in the year of our Lord one thousand six hundred sixty and eight Moneys lent upon this Act secured And to the intent that all moneys to be lent to your Majesty and the moneys that shall be due upon such contracts for Wares Ships Goods or Victuals or other necessaries which shall be delivered for your Majesties Service upon the Credit of this Act by any person or persons native or foreigner Bodies Politick or Corporate may be well and sufficiently secured out of the Moneys arising and payable
thereby Be it further Enacted by the Authority aforesaid That there shall be provided and kept in your Majesties Exchequer to wit in the Office of the Auditor of the Receipt one Book or Registry in which all Moneys that shall be paid into the Exchequer arising or payable by this Act shall be entred and registred apart and distinct from all other Moneys paid or payable to your Majesty or to your Heirs or Successors upon any other branch of your Revenue or upon any other account whatsoever And that there be one other Book or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer or Vnder-Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every sum and sums of Moneys to all persons for Moneys lent Wares Goods or Victuals or other necessaries bought or Ships hired or other payments directed by your Majesty relating to the Service of this War upon the Moneys arising and payable by this Act and that no Moneys levyable by this Act be issued out of the Exchequer but by such Order or Warrant mentioning that the Moneys payable by such Order or Warrant are for the service of your Majesty in the said War respectively during the said War That also there be the like Book or Registry provided and kept by the said Auditor of all Moneys paid out or issued by vertue of such Orders and Warrants and that it shall be lawful for any person or persons willing to lend any Moneys or to furnish any Wares Victuals Ships Goods or other necessaries on the Credit of this Act at the usual times when the Exchequer is open to have access unto and view and peruse all or any of the said Books for their information of the state of those moneys and all ingagements upon them for their better encouragement to lend any moneys or furnish any Goods Wares Victuals Ships or other necessaries as aforesaid And that the Auditor of the Receipt his Deputy or Clerk shall be assistant to such persons for their better and speedier satisfaction in that behalf And that all and every person and persons who shall lend any moneys to your Majesty and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loan struck for the same and an Order for his repayment bearing the same date with his Tally in which Order shall be also contained a Warrant for payment of Interest for forbearance after the rate of six per cent per annum for his consideration to be paid every six Moneths until the repayment of his Principal And that all person and persons who shall furnish your Majesty your Officers of the Navy or Ordnance with any Wares Goods Ships Victuals or any other necessaries for the service aforesaid shall upon Certificate of the Commissioners and Officers of the Navy or of the Master or Commissioners and Officers of the Ordnance or some of them without delay forthwith have made out to them Warrants or Orders for the payment of the moneys due or payable unto them which Certificates the said Officers of your Navy Commissioners and Officers of the Ordnance shall make without fée charge or delay And that all Orders for repayment of moneys lent shall be Registred in course according to the date of the Tallies respectively and that all Orders signed by the Lord Treasurer and Vnder-Treasurer of the Exchequer for payment of moneys for Goods Wares and Victuals and other necessaries furnished to your Majesty your Officers Master or Commissioners as aforesaid shall be Registred in course according to the time of bringing to the Office of the Auditor of Receipt the Certificates above mentioned and that all Orders so signed for Payments directed by his Majesty shall be entred in course according to their respective Dates and none of the sorts of Orders above mentioned either for Loans of moneys supplies of Wares Goods Victuals Ships or other necessaries or by special direction shall have preference one before another but shall all be entred in their course according to the dates of the Tallies the times of bringing the Certificates and the dates of the Orders for payment directed by his Majesty as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register-book Be it Orders for payments directed by his Majesty or for moneys lent or for Wares Commodities or other necessaries furnished as aforesaid So as that person his Executors Administrators and Assigns who shall have his Warrant or Order Warrants or Orders first entred in the said Book of Registry shall be taken and accounted as the first person to be paid upon the moneys to come in by vertue of this Act and he or they that shall have his or their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and so successively and in course And that the moneys to come in by this Act shall be in the same order lyable to the satisfaction of the said respective parties their Executors Administrators or Assigns Native or Foreigner successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose upon any account or reason whatsoever And that no Fee Reward or Gratuity directly or indirectly be demanded or taken of any your Majesties Subjects for providing or making such Books Registers Entries Views Search Certificate in or for payment of money lent or the Interest thereof or for payment of any money upon any Order upon any Contract for Wares and Goods furnished to the use of your Majesties Navy and Ordnance as aforesaid by any of your Majesties Officer or Officers their Deputies or Clerks on pain of payment of treble damages to the party grieved by the party offending with costs of Suit And if the Officer himself take or demand any such Fée or Reward then to lose his place also And if any undue preference of one before another shall be made either in point of Registring contrary to the true meaning of this Act by any such Officer or Officers then the party offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office And if such preference be unduly made by any his Deputy or Clerk without direction or privity of his Master then such Deputy or Clerk only shall be liable to such Action Debt Damages and Costs and shall for ever after be incapable of the same And in case the Auditor shall not direct the Order or the Clerk of the Pells Record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeit and
17 Car. 2. 6. Prisoners 1 How stocks shall be provided for relief and setting prisoners on Work 19 Car. 2. 4. 2 How to be removed in time of Plague 19 Car. 2. 9â— Privy Council 1 The Privy Council regulated and Court of Star-Chamber taken away 17 Car. 1. 10. 2. May not examine or determine of the Lands Tenements or Goods of any Subject of this Kingdom but the same ought to be by the ordinary course of the Law 17 Car. 2. 10. 3. How persons committed by the Privy Councel may have their Habeas Corpus ibid. Proces and Judicial Proceedings 1. What Proces Writs Pleas and other judicial Proceedings shall be continued and proceeded upon 12 Car. 2. 3. 2. What proceedings in Law shall not be avoided for defects faults or alterations of Styles or Forms 12 Car. 2. 12. See Judicial Proceedings Purveyance 1. Preemption and Purveyance taken away 12 Car. 2.24 See Carriages Quakers 1 The penalty upon certain persons called Quakers refusing to take a lawful Oath 13 Car. 2. 1 Stat. 3. Recoveries 1 Common Recoveries Confirmed 12 Car. 2. 12. See Judicial proceedings Rectories and Advowsons taken from certain persons upon pretended delinquencies in the late troubles restored to the right owners 14 Car. 2. 25. Recusants 1 The penalty of sending or being sent to any Popish University or School beyond Seas 3 Car. 1. 2. Replevins See Distresses Rivers 1 The River of Avon to be made Navigable from Christ-Church to the City of new Sarum 16 and 17 Car. 2. 12. Ryots and unlawful assemblies See Petition Sabbath 1. ASsemblies and unlawful Pastimes upon the Lords-day forbidden 1 Car. 1. 1. 2. Carriers Waggoners Brewers shall not travel upon the Lords-day called Sunday 3 Car. 1. 1. 3. Butchers shall not â—ell or kill Meat upon the Lords-day 3 Car. 1.1 4. A restraint of divers other Abuses committed on the Lords-day 3 Car. 1. 1. Saltpeter See Gunpowder Scotland 1. The prevention and punishment of Thefts and Rapines by Moss Troopers upon the borders of England and Scotland 14 Car. 2. 22. Scrivener See Usury Sea-coals See Coals Sewers 1. A supply of the Statute of H. 8. for present nominating Commissioners of the Sewers 12 Car. 2. 6. Sheep See Wooll c. Sheriffs 1. Sheriff may not keep Tables at the Assizes for others then their own Family and Retinue nor make any Present or Gift to any Judges of Assize 14 Car. 2. 21. 2. How Sheriffs shall be eased in passing their Accounts in the Exchequer 14 Car. 2. 21. 3. Shall not answer illeviable Seisures Farms Rents c. Ibidem Ships and Shipping 1. From what foreign parts Goods may be imported onely in English Ships 12 Car. 2. 18. 2. No Goods to be laded or carried out of England in the the Vessels of any other not Denizen'd 12 Car. 2. 18. 3. Encouragement of the Shipping and Trading by the English into their Plantations of Asia Africa and America 12 Car. 2. 18. 15 Car. 2. 7. 4. Articles and Orders for better government of his Majesty's Navies Ships of War and Forces by Sea 13 Car. 2. 9. 5. How provision of carriage by Land and Water shall be made for the use of the Navy and Ordnance 14 Car. 2. 20. 6. The Penalty for imbezelling of Stores and Ammunition belonging to his Majesty's Navy-Royal 16 Car. 2. 5. 19 Car. 2. 7. 7. Who may punish Disturbances by Sea-men and others relating to the Navy-Royal 16 Car. 2. 5. 19 Car. 2. 7. 8. The penalty for delivering up English Merchant-ships to Turks or Pyrats 16 Car. 2. 6. 9. Builders of new Ships encouraged 14 Car. 2. 11. Ship-money 1. Certain proceedings touching Ship-money declared illegal and the Records thereof made void 17 Car. 1. 4. Silk and Silkthrowers See Manufactures Souldiers and Seamen 1. Such Souldiers as were instrumental in his Majesty's Restauration may exercise Trades 12 Car. 2. 16. Such as deserted the Kings Service or refuse to take the Oath of Allegiance excepted Ibid. 2. The Militia and ordering and disposing of the Forces and Souldiers by Sea and Land declared to be onely in the King 13 Car. â— 6. 14 Car. â— 3. See Ships and Shipping 3. How the Forces in the several Counties of this Kingdom shall be ordered 14 Car. 2. 3. 15 Car. 2. 4. 4. Relief of poor and maimed Souldiers who faithfully served his Majesty and his Royal Father in the late Wars 14 Car. 2. 9. Stannaries 1. Certain Inchroachments and Oppressions in the Stannary Court redressed 17 Car. 1. 15. Star-Chamber 1. The Court of Star-chamber taken away 17 Car. 1.10 2. All matters examinable in Star-chamber may be examined and redressed by the Common Law 17 Car. 1.10 3. No Court or Councel to be erected may have the like Jurisdiction 17 Car. 1. 10. Statutes 1. All Acts that are upon continuance shall remain in force till otherwise ordered by Parliament 17 Car. 1. 4. 2. A Repeal of some and continuance of divers other Statutes 3 Car. 1. 4. 3. Divers publick Acts made 12 Car. 2. confirmed 13 Car. 2. 7. and cap. 11. 14. Statute-staple See Extent Stuffs 1. The regulating of making of Stuffs in Norfolk and Norwich See Norwich Subsidy 1. A Subsidy and Royal Aid granted to his Majesty by a Monethly Assesment leviable in three years 16 17 Car. 2. 1. 2. A further supply 17 Car. 2. 1. 3. One Moneths Assesment granted to the King for his Royal Highness the Duke of York 17 Car. 2. 9. 4. See Excise Tunnage and Poundage Hearth-money Poll-money Benevolence 5. A further supply by a Monethly Assesment granted to his Majesty for eleven Moneths 19 Car. 2. 8. Suits See Arrests and Delays TApistry See Manufactures Terâ— 1 Michaelmas Term abbreviated and the manner of Continuances and Returnâ— of Writs 17 Car. 1. 6. Tobacco 1 The planting setting or sowing of Tobacco in England prohibited under several penalties 12 Car. 2. 34. 2 Certain further penalties for planting Tobacco in England 15 Car. 2. 7. Treason 1 What shall be adjudged Treason during his Majesties life 13 Car. 2. 1. 2 Offences disabling persons to bear any Office during the Kings life 13 Car. 2. 1. 3 Offences which incur a Praemunire ibid. See Attainder Tumults See Petitions and Riots Tunnage and Poundage 1 The Causes and Trusts upon granting Tunnage and Poundage for defending the Seas 12 Car. 2. 4. 2 To be paid according to the Book of Rates agreed by the Commons House of Parliament for ascertaining the same ibid. 3 What Fees the Custom-Officers may take ibid. 4 Prisage of Wines not to pay the said Duty ibid. 5 The penalty for committing frauds and abuses about the Customs 14 Car. 2. 11. Vestry 1 HOw Vestry-men shall be Elected and the Oath they are to take 15 Car. 2. 5. Uniting of Parishes See Corporations Usury 1 The penalty upon him that shall take above Six in the Hundred for the Loan of One hundred pounds for a year 12 Car. 2. 13. 2 The forfeiture of a Scrivener that shall take excessive Brocage Ibid. Uniformity See Ecclesiastical Matters c. Wales 1 JUry-men in Wales must be worth 8 l. per annum 16 17 Car. 2. 3. 2. The Statute concerning Replevins and Avowries upon Distresses shall extend to Wales 19 Car. 2. 5. Wards and Wardships 1 The Court of Wards and Liveries and Tenures in Capite and Knights Service and Purveyance taken away 12 Car. 2. cap. 24. And the Imposition upon Ale and Beer and other Liquors granted to the King his Heirs and Successors ibid. Weavers 1 Linnen Weavers may set up the Trade in any places where they please 15 Car. 2. 15. Weights and Measures 1 There shall be but one Weight and Measure throughout the Kingdom 17 Car. 1. 19. Wines 1 The King may issue Commission to licence the uttering of Wines by Retail 12 Car. 2.25 2 The Agents for granting Wine-Licences may grant them not exceeding 21 years if the person so long live upon Rent reserved but no Fine to be taken ibid. 3 How and by whom the prices of Wines shall be set 12 Car. 2. 25. 4 The Power of granting Wine-Licences setled upon the Duke of York in tail 15 Car. 2. 14. Wood. 1 The penalty for unlawful cutting spoyling and stealing of Wood and Under-wood young Timber Trees Poles c. 15 Car. 2. 2. Wooll Woolf ls c. 1 The Exportation of Wooll Woollfels Fullers Earth or any kind of scowring prohibited under several penalties 12 Car. 2. 32. 2 Exporting of Sheep Wooll Woolfels Mortlings Shorelings Yarn of Wooll Wooll-Flocks Fullers Earth Fulling Clay Tobacco-Pipe clay prohibited upon certain penalties 14 Car. 2. 18. 3 Importing of Forein Wooll-Cards Card-wire and Iron-wire prohibited 14 Car. 2. 19. Yarn See Wooll c. FINIS