AN ACT FOR Continuing and Establishing THE subsidy OF tonnage and Poundage, AND For reviving an Act for the better Packing of Butter, and redress of abuses therein. At the Parliament begun at Westminster the 17th Day of September, Anno Domini 1656. coat of arms for the Commonwealth of England LONDON: Printed by Henry Hills and John Field, Printers to His Highness the Lord Protector. 1657. AN ACT FOR Continuing and establishing THE subsidy OF tonnage and POUNDAGE, And for reviving An Act for the better packing of Butter, and redress of abuses therein. WHereas the Lords and Commons Assembled in Parliament, did, upon the 16th day of December, in the year of our Lord God 1647. make and publish a certain Ordinance, entitled, An Ordinance of the Lords and Commons Assembled in Parliament, for establishing of the Subsidy of tonnage and Poundage, together with the Book of Rates, to stand and continue from the 26th day of March, 1648. for certain time, which is since expired: And the Parliament taking into consideration the necessity of this Common-wealth for Money to carry on the Affairs thereof, and for the safeguard of the Seas, the Convoy of Merchants 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 16th of December, 1647. and also the Book of Rates of merchandise 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of them, specified and contained, other then such Articles, Instructions, Matters and Things, as have been heretofore Repealed or altered, or shall by this present Act, or any other Act of this present Parliament be Repealed or altered, Be, and are hereby Revived, and shall stand and continue to be in full force, as well within Scotland and Ireland, and the Islands thereunto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. And be it further Enacted by the Authority aforesaid, That( over and above the Rates and Sums of Money, mentioned in the said Ordinances, Acts, Books of Rates, and Instructions, or any of them) there shall be payable, and paid as followeth, That is to say, for every But 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 Common-wealth, the sum of Fifteen shillings; And for every But or Pipe of Wine, of the growth or production aforesaid, to be imported by Denizens or Strangers, the sum of Twenty shillings,& 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 Kingdom, Dominions, or Territories, imported by any person or persons, natural-born subjects of this Common-wealth, 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 kingdom, Dominions or Territories, imported by any person or persons, natural born Subjects of this Commonwealth, the sum of one shilling six pence; And to be imported by any Denizen or stranger, the sum of One shilling ten pence half penny: And for led, and Tin, to be exported by any person or persons whatsoever, the several sums following; that is to say, for every Fodder of led, 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, wears or merchandise whatsoever, shall be exported or Shipped to be exported out of this Common-wealth, 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 merchandise 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 custom, 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 customs or their Deputies; that then the proprietor& owner of such Goods, wears,& merchandise so shipped, transported, or carried, or unshipt& landed as aforesaid, shall forfeit the said Goods, wears,& merchandise, or the value thereof; And the Commander, Master or other person taking charge of such Ship or vessel in which such Goods, wears and merchandises 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 triple the value of the Subsidy or Customs of such Goods, wears, and merchandises, or imprisonment at the pleasure and discretion of the Barons of His Highness Exchequer, such Imprisonment not exceeding twelve Moneths. And be it further Enacted by the Authority aforesaid, that it shall and may be lawful, to and for the aforesaid Commissioners for the Customs for the time being, or any of their Deputy or Deputies, to take out of any Ship or Vessel, importing Goods and merchandise, from any the parts beyond the Seas, all fine Goods or merchandise of small Bulk or packing, as they shall therein discover, or suspect to be intended to be conveyed on shore without payment of Custom, and the same to secure in His Highness Ware-houses at the respective Custom-houses, until the duties for them respectively be paid; And in case any Ship or Ships, Vessel or vessels whatsoever, importing any Goods or merchandise from any the parts beyond the seas, shall not fully unlade, discharge, or deliver all the Goods and merchandise imported therein within eight and twenty days after the arrival of such Ship or Vessel in some Port or Creek of this Common-wealth, that then, for preventing of fraud and charge to the Common-wealth, it shall and may be lawful to and for the said Commissioners of the customs, their Deputy or Deputies, to unlade and take on shore such Goods and merchandise,& 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 customs, their Deputy or Deputies; And that if any person or persons, shall refuse to permit such fine Goods, or such other Goods and merchandise to be taken out and secured as aforesaid, he shall upon proof thereof forfeit the sum of one hundred pounds. Provided always, That if any Goods or merchandise, so taken out of any Ship or Vessel, shall afterward be purloined, embezzled, wilfully spoiled or impaired, That in such case the Officer or Ware-house-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 customs in England, or the Commissioners and Barons of his Highness Exchequer in Scotland and Ireland respectively: And the Commissioners for the customs are hereby required to take good security of the Officers employed in and about the premises, for the faithful discharge of their respective trust therein. And that if any Goods and merchandise imported, shall be unshipped,& put into any Boat, Lighter, Barge, or other Vessel, without the consent or privity of the said Commissioners for the customs, 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. And whereas of late many great quantities of Goods and merchandise, have been fraudulently concealed, to the great diminution of the public Revenue, and prejudice of his Highness the Lord Protector and the Common-wealth, 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 merchandise, shall unship or land any such Goods or merchandise, before such Owner, Master, Purser, or other person, taking charge of such Ship or Vessel, shall have delivered unto the Commissioners of the customs, 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 premises, as shall be demanded by the said Commissioners for the customs, or their Deputy or Deputies, who are hereby authorised respectively, 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 merchandise, shall forfeit the sum of one hundred pounds. And be it further Enacted by the Authority aforesaid, that all and every Merchant or Merchants, and any other person and persons whatsoever, entering any Goods, wears, or merchandise, to be shipped or landed, shall upon his or their Bill, or Bills of entry, specify the particular marks, number, and outward form and bulk, of all and every the Goods, wears, and merchandise 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 deceitful practices used in Commissions for Goods and merchandise, 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 merchandise, until such seizure shall be registered with the Register, to be from time to time appointed for that purpose, by the respective Commissioners for the customs for the time being, and certified by him to be so registered, and until such Goods and merchandise be secured in his Highness Ware-houses at the Custome-houses of the respective Ports. 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 customs 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, wears or merchandise, which have been concealed from the knowledge of the said Commissioners, and for which the custom, 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. 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 Common-wealth, or for any the parts beyond the Seas, then is entered, he or they so offending shall forfeit Ten shillings for every cauldron of Coals so taken. And be it further Enacted by the Authority aforesaid, That one moiety of all forfeitures, shall be received by the said Commissioners for the customs, their Deputy, or Deputies, to the use of his Highness the Lord Protector and the Commonwealth, and the other moiety of all forfeitures, shall be to him or them that shall duly seize and discover the same to the said Commissioners for the customs, 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, essoin, or other dilatory plea, shall be allowed. And it is further Enacted by the Authority aforesaid, That the Commissioners for the customs respectively for the time being, shall have power from time to time, to choose and deputy 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 Customs, 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 authorised thereunto, by Commission under the Great Seal, to be Commissioners for preservation of the customs within England, Scotland, or Ireland, respectively, to answer such their misdemeanours and miscarriages: And the said Commissioners or the mayor part of them, are hereby further enabled to call before them any person or persons, whom they shall think fit, to testify touching the premises, 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 customs; who are hereby authorised, 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 month, in case the fine be not paid. And whereas many differences do daily arise between the Commissioners of the customs, 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 entering of Goods and merchandise, to be exported or imported, the customs whereof oft-times, 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 public 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 accrueing thereby, It is Enacted by the Authority aforesaid, That the Commissioners of the customs 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 custom in any other Court to the contrary notwithstanding. Provided, That such Fine do not exceed the value of such Goods. Be it likewise Enacted by the Authority aforesaid; That the Commissioners of the customs 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. And it is further Enacted by the Authority aforesaid, That, from and after the first day of August next, all Scotch Coals, to be exported in any Ship or Ships, Vessel or Vessels, belonging to any the people of this Common-wealth, as the true Owners and Proprietors thereof, and whereof the Masters and Mariners are for the most part of the people of this Common-wealth, shall be, and hereby are ranted 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 Custom and Subsidy thereof be levied and received according to the said Rates; which said Rates shall be in stead of all other Rates, imposed or set by any Law, Ordinance, or Order formerly made. Provided always, 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 merchandise, shall from time to time, acquaint the said Commissioners for the Customs 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 and may be lawful to and for the said Commissioners, or the mayor 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 moiety of the said forfeitures shall be due and payable, and to no other; Any Law, Statute, usage, or Custom to the contrary hereof notwithstanding. 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 ranted, 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, and 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. Provided always, that upon the exportation of Raisins imported, and for which the duties aforesaid shall be paid, there shall be repaid to the exporter, over and above the half Subsidy settled 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; Provided always, That the Custom 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 valves 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 merchandise, 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. And it is hereby further Enacted, That an Act of Parliament passed the 28. of August, 1649. entitled, An Act prohibiting the Importation of any Wines, wool, or Silk, from the Kingdom of France, into the Common-wealth of England, or Ireland, or any of the Dominions thereunto belonging, be henceforth and is hereby repealed. And it is hereby further Enacted, That one half part of one per cent. which is two shillings in every twenty shillings paid for Custom 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, Levied and paid over and above the said Custom and Subsidy, of and from all and every such Goods, wears, and other merchandises, to be Imported into this Common-wealth, 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 employed 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 Councilâ–ª shall be Ordered and directed. And if any Goods, wears, or merchandises, 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 virtue 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 half part of one per cent. due, and the same not paid and satisfied; All the said Goods, wears, or other merchandises whatsoever, shall be forfeited and lost, the one moiety 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 moiety to be employed for the use aforesaid. Provided always, 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 Merchandise 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. 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 forty and nine, entitled, 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, virtue and Power. 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. Provided always, and be it Enacted by the Authority aforesaid, That the Rates of Custom 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 only half the Custom of the great Coal, any thing in this present Act to the contrary notwithstanding. Provided always, and be it further Enacted by the Authority aforesaid, That for all led and tin, which shall not be shipped before the publication of this Act, the Customs 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. LONDON: Printed by Henry Hills and John Field, Printers to His Highness. 1657.