June 1657: An Act. for the continuing and establishing the Subsidy of Tunnage and Poundage, and for the reviving of an Act for the better packing of Butter, and redress of abuses therein.

June, 1657

[26 June, 1657.]

16 December 1647, the Ordinance for Tunnage and Poundage and the Book of Rates.; Revived and to continue in force as well in Scotland and Ireland as in England, etc.

Whereas the Lords and Commons assembled in Parliament, did, upon the sixteenth day of December, in the year of our Lord God, One thousand six hundred forty and seven, make and publish a certain Ordinance, Entituled; An Ordinance of the Lords and Commons assembled in Parliament, for establishing of the Subsidy of Tunnage and Poundage, together with the Book of Rates, to stand and continue from the six and twentieth day of March, One thousand six hundred forty and eight, for certain time, which is since expired: And the Parliament taking into consideration the necessity of this Commonwealth for money to carry on the affairs thereof, and for the safeguard of the Seas, the Convoy of Merchant Ships and Goods, and the securing of Trade, do therefore Enact, and be it Enacted and Declared by His Highness the Lord Protector and the Parliament and by the Authority thereof, that the said Ordinance of the sixteenth of December, One thousand six hundred forty seven, and also the Book of Rates of Merchandize therein mentioned, with the Instructions thereunto annexed, and all and every the Articles, Instructions, matters and things in them, or either of them, specified and contained, other then such Articles, Instructions, matters and things, as have been heretofore repealed or altered, or shall by this present Act, or any other Act of this present Parliament, be repealed or altered, be, and are hereby Revived, and shall stand and continue to be in full force, as well within Scotland and Ireland, and the Islands thereunto belonging, as within England, Wales, and the Town of Berwick upon Tweed.

Additional Customs on wines.; Raisins.; Lead and tin.; Penalty for goods shipped to be exported, or be unladen being imported, without knowledge of Customes.

And be it further Enacted by the Authority aforesaid, that (over and above the Rates, and Instructions, or any of them) there shall be payable, and paid as followeth, That is to say, for every Butt or Pipe of Wine, of the growth and production of the Kingdom of Spain, or of the Dominions or Territories thereof, to be imported by any Merchant or Merchants, or other person or persons natural born subjects of this Commonwealth, into the Port of London, or any the Ports of this Commonwealth, the sum of fifteen shillings; And for every Butt or Pipe of Wine, of the growth or production aforesaid, to be imported by Denizens or Strangers, the sum of twenty shillings, and so proportionably for every greater or lesser quantity; and for every hundred weight of Raisins of the Sun, of the growth or production of the said Kingdome, Dominions or Territories, imported by any person or persons, natural bornsubjects of this Commonwealth, the sum of three shillings, and imported by any Denizen or Stranger, the sum of three shillings and nine pence, and for all other Raisins of the growth and production of the said Kingdome, Dominions or Territories, imported by any person or persons, natural-born subjects, of this Common wealth, the sum of one shilling sixpence; and to be imported by any Denizen or Stranger, the sum of one shilling tenpence halfpenny: And for Lead, and Tin, to be exported, by any person or persons whatsoever, the several sums following, that is to say, for every Fodder of Lead, containing twenty hundred, Ten shillings, for every hundred weight of tin unwrought, the hundred containing one hundred and twelve pounds, Twelve shillings eight pence: And in case any Goods. Wares or Merchandize whatsoever, shall be exported or shipped to be exported out of this Commonwealth, or the Dominions thereof, or shall be carried into the parts beyond the Seas, or being imported, (except in cases of necessity, where such Goods or Merchandize are in danger of perishing) shall be unshipped and laid on land, without the knowledge, privity and presence of the Commissioners or Collectors of the Custome, for the time being, or one of their Deputies appointed for that service, or before due entry thereof be made, and the Subsidy, Custom, and other duties paid and satisfied, and Warrant in due form and manner passed for the same, and due proof made thereof, before the said Commissioners or Collectors of the Customes or their Deputies: That then the proprietor and owner of such Goods, Wares, and Merchandize, so shipped, transported, or carried, or unshipt and landed as aforesaid, shall forfeit the said Goods, Wares, and Merchandize, or the value thereof: And the Commander, Master or other person taking charge of such ship or vessel in which such Goods, Wares, and Merchandizes shall be so shipped, transported or carried, or out of which the same shall be unshipped, to be landed as aforesaid, knowing of such offence, Or the Mate, Purser, Boatswain or any of the Mariners committing the like offence, without the knowledge of the Commander or Master aforesaid, shall forfeit treble the value of the Subsidy or Customes of such Goods, Wares, and Merchandizes, or Imprisonment at the pleasure and discretion, of the Barons of His Highness Exchequer, such Imprisonment not exceeding twelve Moneths.

What goods may be secured till the duties paid.; Ships not fully unlading.

And be it further Enacted by the Authority aforesaid, that it shall and may be lawfull to and for the aforesaid Commissioners for the Customes for the time being, or any of their Deputy or Deputies, to take out of any ship or vessel, importing Goods and Merchandize, from any the parts beyond the Seas, all fine Goods or Merchandize of small bulk or packing, as they shall therein discover, or suspect to be intended to be conveyed on shore without payment of Custome, and the same to secure in His Highness Warehouses at the respective Custome-houses, untill the duties for them respectively be paid: And in case any ship or ships, vessel or vessels whatsoever, importing any Goods or Merchandize from any the parts beyond the Seas, shall not fully unlade, discharge, or deliver all the Goods and Merchandize imported therein, within eight and twenty daies after the arrival of such ship or vessel in some Port or Creek of this Commonwealth, that then, for preventing of fraud and charge to the Commonwealth, it shall and may be lawfull to and for the said Commissioners of the Customes, their Deputy or Deputies, to unlade and take on shore such Goods and Merchandize, and the same to secure in Ware-houses, to be for that end appointed, the charge thereof to be paid by the Merchants, Owners, or Claimers thereof, at the discretion of the said Commissioners of the Customes, their Deputy or Deputies; And that if any person or persons shall refuse to permit such Fine Goods, or such other Goods and Merchandize to be taken out and secured as aforesaid, he shall, upon proof thereof, forfeit the sum of one hundred pounds

Officer to make satisfaction for goods purloined or spoiled.

Provided alwaies, That if any Goods or Merchandize, so taken out of any Ship or Vessel, shall afterward be purloyned, imbezled, wilfully spoiled or impaired, That in such case the Officer or Warehouse-keeper, under whose charge the said Goods shall at such time be, shall make full and ample satisfaction to the Owner or Claimer of the same, to be adjudged and awarded by the Committee for preservation of the Customes in England, or the Commissioners or Barons of His Highness Exchequer in Scotland and Ireland respectively; And the Commissioners for the Customes are hereby required to take Good security of the Officers imployed in and about the premisses, for the faithfull discharge of their respective trust therein.

The Vessell forfeited into which goods shall be put, being taken out of any Ship without privity of the Customers.

And that if any Goods or Merchandize imported, shall be unshipped, and put into any Boat, Lighter, Barge, or other Vessel, without the consent or privity, of the said Commissioners for the Customes, or their Deputy or Deputies, testified by a Note under his or their hand, or hands, that then such Boat, Lighter, Barge, or other Vessel shall be forfeited.

None shall unship goods till the contents of the Lading be delivered upon Oath

And whereas of late many great quantities of Goods and Merchandize, have been fraudulently concealed, to the great diminution of the Publique Revenue, and prejudice of His Highness the Lord Protector and the Commonwealth: For prevention thereof Be it further Enacted by the Authority aforesaid, that no Owner, Master, Purser, or other person, taking charge of any Ship or Vessel, importing Goods or Merchandize, shall unship or land any such Goods or Merchandize, before such Owner, Master, Purser, or other person, taking charge of such Ship or Vessel, shall have delivered unto the Commissioners of the Customes, for the time being, or one of their Deputies, upon oath, the contents of the Lading of their respective Ships and Vessels, together with the marks and numbers of each respective parcel, and shall have answered upon Oath to all such Questions, touching the premisses, as shall be demanded by the said Commissioners for the Customes, or their Deputy or Deputies, who are hereby Authorized respec tively, to administer the said Oath, upon pain that every such Owner, Master, Purser, and other person, taking charge of any Ship or Vessel, importing Goods, and Merchandize, shall forfeit the sum of one hundred pounds.

Particulars of goods to be specified in the bill of Entry.; Penalty.; No information on a Seizure unregistred.

And be it further Enacted by the Authority aforesaid, that all and every Merchant or Merchants, and any other person and persons whatsoever, entring any Goods, Wares, or Merchandize, to be shipped or landed, shall upon his or their Bill, or Bills of entry, specifie the particular marks, number, and outward form and bulk, of all and every the Goods, Wares, and Merchandize so by him or them Entred, upon pain that such Merchant and Merchants, person and persons, shall forfeit the sum of Ten pounds: And for prevention of the many frauds and deceitfull practises used in Compositions for Goods and Merchandize, seized for being prohibited or uncustomed, It is further Enacted by the Authority aforesaid, That no Information shall be exhibited, or proceeded on in any Court of Record, against any such Goods or Merchandize, untill such seizure shall be Registred with the Register, to be from time to time appointed for that purpose, by the respective Commissioners for the Customes for the time being, and certified by him to be so Registred, and untill such Goods and Merchandize be secured in his Highness Ware-houses, at the Custome-houses of the respective Ports.

Penalty for concealing goods on board.

Be it further Enacted by the Authority aforesaid; That in case, after the clearing of any Ship or Vessel, by the said Commissioners for the Customes or any of their Deputies, or the discharging the Watchmen or Tidesmen from attendance thereupon, there shall be found on board such Ship or Vessel, any goods, Wares, or Merchandize, which have been concealed from the knowledge of the said Commissioners, and for which the Custome, Subsidy and other duties, due upon the importation thereof, have not been paid, then the Master, Purser, or other person, taking charge of such Ship or Vessel, shall forfeit the sum of One hundred pounds.

Penalty for taking in more Coals then is entred.

And be it further Enacted by the Authority aforesaid, that if any Master, Purser, or other person, taking Charge of any Ship or Vessel, shall take or receive, or cause or suffer to be received thereinto a greater quantity of Coals, either for any Port within this Commonwealth, or for any the parts beyond the Seas, then is entred, he or they so offending shall forfeit Ten shillings for every Chaldron of Coals so taken.

Forfeitures, how to be disposed.

And be it further Enacted by the Authority aforesaid, That one Moyty of all forfeitures, shall be received by the said Commissioners for the Customes, their Deputy, or Deputies, to the use of His High ness the Lord Protector and the Commonwealth, and the other Moyty of all forfeitures, shall be to him or them that shall duly seize and discover the same to the said Commissioners for the Customes, or their Deputy Collectors, and shall likewise sue for and prosecute the same by Action, Bill, Plaint, or Information, wherein no Wager of Law, Protection, Essoyn, or other dilatory Plea, shall be allowed.

Messenger.; Commissioners for preservation of the Customes.; Power to Fine

And it is further Enacted by the Authority aforesaid, That the Commissioners for the Customes respectively for the time being, shall have power from time to time, to chuse and depute a Messenger to attend their service, and him again to displace, and others to substitute: which Messengers by them so chosen, shall have power to Summon all or any such person or persons, as shall be refractory or disobedient to the Laws or Ordinances, made for the payment of Customes, or advance of Moneys, or touching prohibited Goods, or that shall affront and abuse the said Commissioners, their Deputies, Factors or Servants, in the execution of their several duties or services; and the persons Summoned are required to appear before such persons, or any three or more of them respectively, as shall be from time to time Authorized thereunto, by Commission under the Great Seal, to be Commissioners for preservation of the Customes within England, Scotland, or Ireland respectively, to answer such their mis-demeanours and miscarriages: And the said Commissioners or the Major part of them, are hereby further enabled to call before them any person or persons, whom they shall think fit, to testifie touching the premisses, and to examine any such person, other then the party himself, upon Oath, and to transmit such Examinations, relating to such misdemeanours, wherewith he or they shall be chargeable, or charged, as shall be taken as aforesaid, unto the said Commissioners for preservation of the Customes; Who are hereby Authorized, upon hearing the said Charges and Examinations there taken, or such other proof upon Oath, as shall be made before them, to punish such Offenders by fine, not exceeding five pounds, or imprisonment for one moneth, in case the Fine be not paid.

And whereas many differences do dayly arise between the Commissioners of the Customes, and their Officers and Merchants, and other Traders, by transporting several Goods and Commodities from one Port of this Commonwealth to another, without Cocquet or Transire, as also by Non and short entring of Goods and Merchandize, to be exported or imported, the Customes whereof ofttimes, if paid, doth not amount to the sum of five pounds and otherwise; And if in any of the aforesaid Cases, Prosecutions thereof should be had in the Court of Publick Exchequer, the charge thereof would be very great, and the Commonwealth receive no advantage thereby considerable, but Merchants and Traders very much vexed and disturbed, which, with the consequence thereof, would prove very prejudicial: For preventing whereof, and the furtherance and good of Trade, and the Revenue of the Commonwealth accrewing thereby.

Commissioners of the Customes to determine some cases.; Power to Fine.

It is Enacted by the authority aforesaid, That the Commissioners of the Customes for the time being, or any three or more of them, do henceforth, from time to time, take into consideration, any Cause or Causes before mentioned, and to hear and determine the same, and to set such Fines upon the Owners, Claimers, or other Offenders, as in their discretions shall seem meet, as well on the behalf of his Highness and the Commonwealth as the persons seizing or prosecuting; Any Law, Usage, or Custome in any other Court to the contrary notwithstanding. Provided, That such Fine do not exceed the value of such Goods.

Power to give Oath.

Be it likewise Enacted by the authority aforesaid, That the Com missioners of the Customes for the time being, or any one of them, their Deputy or Deputies, shall have power, and hereby have power to administer such Oath and Oaths, as are now in force or use to Masters of Ships, or other persons concerned therein, upon passing their Entries, and Merchants, or other persons passing Certificates, and in other emergencies and Custome-causes, wherein Oaths have been usually given.

How Scotch Coals shall be rated.

And it is further Enacted by the authority aforesaid, That from and after the first day of August next, all Scotch Coals, to be ex ported in any Ship or Ships, Vessel or Vessels, belonging to any the people of this Commonwealth, as the true Owners and Proprietors thereof, and whereof the Masters and Mariners are for the most part of the people of this Commonwealth, shall be, and hereby are rated and valued at Four shillings a Tun, and the like Coals exported in Ships or Vessels belonging to Strangers, or whereof the Master and Mariners are for the most part Strangers, at the sum of Eight shillings a Tun and that the Custome and Subsidy thereof be Levyed and Received according to the said Rates; which said Rates shall be instead of all other Rates, imposed or set by any Law, Ordinance, or Order formerly made.

Seizers of goods to acquaint the Commissioners with their prosecution.

Provided alwaies, and be it further Enacted by the authority aforesaid, for the avoiding of fraudulent Compositions, that all person or persons whatsoever, seizing any Goods or Merchandize, shall from time to time acquaint the said Commissioners for the Customes with their proceedings in prosecution, and in case any such person or persons, shall neglect or delay to prosecute, and the said Commissioners, not satisfied with such neglect or delay, then it shall or may be lawfull to and for the said Commissioners, or the major part of them, to appoint any other person or persons whom they shall think fit, to prosecute, which other person or persons shall be, and hereby are declared to be the true and proper Prosecutor or Seizer to all intents and purposes whatsoever, and to whom the moyety of the said forfeitures shall be due and payable, and to no other; any Law, Statute, Usage, or Custome to the contrary hereof notwithstanding.

Ginger and Sugar of English Plantations.

Provided likewise, and be it further Enacted by the authority aforesaid, for the encouragement of all English Plantations and Islands, in the Planting of Gingers and Sugars, that from and after the first day of August, 1657. all Gingers and Sugars, commonly called White Sugars, of the Growth, Production, or Curation of all or any the said Plantations or Islands, shall be, and are hereby rated and set to the said Subsidy of Poundage inwards, at the respective Rates hereafter expressed, and no other, viz. all Ginger, being of the said English Plantations or Islands, the hundred weight at Twenty shillings, and every greater or lesser quantity, according to the said Rate proportionably; and also all Sugars, commonly called White Sugars, being of the same Plantations or Islands, the one hundred weight at Five pounds Sterling, & every greater or lesser quantity, according to the same rate proportionably; the rates formerly expressed and set in the book of rates above mentioned, or any other thing in this present Act contained to the contrary thereof in any wise notwithstanding.

Raisins exported.

Provided alwaies, that upon the exportation of Raisins imported, and for which the duties aforesaid shal be paid, there shal be repaid to the Exporter, over and above the half Subsidy setled as aforesaid, the whole additional duty before mentioned; that is to say, upon Raisins of the Sun, the sum of three shillings per hundred weight and upon all other Spanish Raisins one shilling six pence per hundred weight upon the like terms, conditions, and limitations as are prescribed, and set down touching the half Subsidy, in the second Article of Instructions annexed to the Book of Rates.

Wines imported into Scotland or Ireland to pay as in London.; Additional Custome on Spanish Wines and Fruit to continue till 25.; March 1660. Prohibited goods in England shall be so in Scotland and Ireland

Provided alwaies, That the Custome and Subsidy for Wines, imported into Scotland or Ireland, or any the Islands thereunto belonging, shall be collected, levied, and received, according to the Rates and Values set upon Wines imported into the Port of London.

Provided also, That the Additional Customs Imposed by this Act upon Spanish Wines and Fruit, shall be and continue until the five and twentieth of March, One thousand six hundred and sixty, and no longer.

Provided also, and it is hereby Enacted, That no Goods or Merchandize, which are prohibited to be Imported into, or Exported out of England, into any the parts beyond the Seas, shall be from henceforth Imported into, or Exported out of Scotland or Ireland, or any of the Islands to them or either of them belonging or appertaining, into foreign parts beyond the Seas; and to that end all and every Act and Ordinance of Parliament, and the several and respective clauses, penalties and forfeitures therein contained, now in force in England, is hereby Enacted and declared, to be in full force in Scotland and Ireland, and the Islands to them and either of them belonging and appertaining.

Repeal.

And it is hereby further Enacted, That an Act of Parliament passed the 28. of August, 1649, Entituled, An Act prohibiting the Importation of any Wines, Wool, or Silk, from the Kingdome of France, into the Commonwealth of England or Ireland, or any of the Dominions thereunto belonging, be henceforth and is hereby repealed.

The duty of one half of One per Cent. continued till 24. June 1660.; For Redemption of Captives.; Forfeiture.

And it is hereby further Enacted, that one half-part of one per cent. which is two shillings in every twenty shillings paid for Custome and Subsidy, according to the Book of Rates, established by authority of Parliament, shall from and after the four and twentieth day of June, in the year of our Lord One thousand six hundred fifty seven, be raised, levyed and paid, over and above the said Custome and Subsidy, of and from all and every such Goods, Wares, and other Merchandizes, to be Imported into this Commonwealth, the said sum of one half part of one per cent. to be raised, paid and continued until the four and twentieth day of June, which will be in the year of our Lord One thousand six hundred and sixty; And to be received and taken by their Deputy or Deputies, and by them to be laid out, paid and imployed for the redeeming of Captives of this Common-wealth, taken at Sea, by Turkish, Moorish, or other Pirates, and for no other use whatsoever, in such manner as by his Highness the Lord Protector by and with the Advice and Consent of his Council shall be Ordered and Directed. And if any Goods, Wares, or Merchandizes, brought from beyond the Seas, whereof the said sum of one half-part of one per cent. is or shall be due and payable by vertue of this Act, shall at any time hereafter be Landed or put on shore within this Common wealth, before due entry thereof, and the said sum of one halfpart of one per cent. due and the same not paid and satisfied; All the said Goods, Wares, or other Merchandizes whatsoever, shall be forfeited and lost; the one moyety of the value thereof, to be to him or them that will seize or sue for the same, before the Barons of his Highness Exchequer, and the other moyety to be imployed for the use aforesaid.

The whole duty to be repaid on Exportation.

Provided alwaies, That the whole duty of the one half of the one per cent. for the Redemption of Captives as aforesaid, as shall be paid for any Goods or Merchandize imported, and as shall be afterwards exported, shall, upon the exportation thereof, be repaid in such manner, as the half Subsidy is or ought to be paid.

Act touching Butter revived.

And be it further Enacted by his Highness the Lord Protector and this present Parliament, That one Act of Parliament made the twelfth day of March, One thousand six hundred fourty and nine, Entituled An Act for the better packing of Butter and redress of abuses therein, shall be, and is hereby revived. And that all the Clauses, Matters, Authorities, and things in the said Act contained, shall be, from and after the first day of August, in the year of our Lord, One thousand six hundred fifty seven, in full force, vertue, and power.

To be in force in Scotland and Ireland.

And for the prevention of the like abuses in Scotland and Ireland, Be it further Enacted, and it is hereby Enacted, That from and after the five and twentieth day of March, which shall be in the year of our Lord, One thousand six hundred fifty Eight, the said Act shall be in force, and upon the like penalties in Scotland and Ireland.

Smal Coal of Scotland to pay half the Custome of the great Coal.

Provided alwaies, and be it Enacted by the authority aforesaid, That the Rates of Custome of the Coal of Scotland, in this present Act contained, shall extend onely to the great Coal of Scotland, and that the small Coal of that Nation shall pay onely half the Custome of the great Coal, any thing in this present Act to the contrary notwithstanding.

Lead and Tinne not shipped before publication of this Act.

Provided alwaies, and be it further Enacted by the authority aforesaid, That for all Lead and Tyn, which shall not be Shipped before the publication of this Act, the Customes shall be paid according to the Rates and Establishment directed, and appointed by this present Act; any entry or Cocquet of or for the same made or taken out, or any former or other Act, matter or thing to the contrary notwithstanding.