An Act for continuing and establishing the subsidie of tunnage 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.

AN ACT FOR Continuing and establishing THE SUBSIDIE OF TUNNAGE and POUNDAGE, And for reviving An Act for the better packing of But∣ter, and redress of abuses therein.

WHereas the Lords and Commons Assembled in Parliament, did, upon the 16^th day of December, in the year of our Lord God 1647. make and publish a certain Or∣dinance, Entituled, An Ordinance of the Lords and Commons Assembled in Parliament, for establishing of the Subsidy of Tunnage and Pound∣age, together with the Book of Rates, to stand and continue from the 26^th day of March, 1648. for certain time, which is since expired: And the Parliament taking into consideration the ne∣cessity of this Common-wealth for Money to carry on the Affairs thereof, and for the safe∣guard of the Seas, the Convoy of Merchants Ships and Goods, and the securing of Trade, Do therefore Enact, and be it Enacted and De∣clared by His Highness the Lord Protector and the Parliament, and by the Authority thereof, that the said Ordinance of the 16^th of December, 1647. and also the Book of Rates of Mer∣chandize therein mentioned, with the Instructi∣ons thereunto annexed, and all and every the

Articles, Instructions, Matters, and Things in them, or either of them, specified and con∣tained, other then such Articles, Instructions, Matters and Things, as have been heretofore Repealed or altered, or shall by this present Act, or any other Act of this present Parliament be Repealed or altered, Be, and are hereby Revived, and shall stand and continue to be in full force, as well within Scotland and Ireland, and the Islands thereunto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 with∣in England, Wales and the Town of Berwick up∣on Tweed.

And be it further Enacted by the Authority aforesaid, That (over and above the Rates and Sums of Money, mentioned in the said Ordi∣nances, Acts, Books of Rates, and Instructi∣ons, 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 pro∣duction of the Kingdome of Spain, or of the Do∣minions or Territories thereof, to be imported by any Merchant or Merchants, or other person or persons, natural-born Subjects of this Com∣monwealth, into the Port of London, or any the Ports of this Common-wealth, the sum of Fif∣teen 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 eve∣ry greater or lesser quantity; And for every hun∣dred weight of Raisins of y^e Sun, of the growth or production of y^e 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 Kingdome, Dominions or Territories, imported by any per∣son 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 Lead, and Tin, to be exported by any person or persons whatsoever, the seve∣ral 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 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 Merchandize are in danger of perish∣ing) shall be unshipped and laid on land, without the knowledge, privity and presence of the Com∣missioners 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, Custome, 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 Col∣lectors of the Customes or their Deputies; that then y^e proprietor & owner of such Goods, Wares, & Merchandize so shipped, transported, or carried, or unshipt & landed as aforesaid, shall forfeit the said Goods, Wares, & 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 Customs of such Goods, wares, and Merchandizes, or imprisonment at the plea∣sure and discretion of the Barons of His High∣ness Exchequer, such Imprisonment not exceed∣ing 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 Cu∣stoms 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 Cu∣stom, 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 Merchan∣dize 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 days after the arrival of such Ship or Vessel in some Port or Creek of this Com∣mon-wealth, that then, for preventing of fraud and charge to the Common-wealth, it shall and may be lawful to and for the said Commissio∣ners

of the Customes, their Deputy or Depu∣ties, to unlade and take on shore such Goods and Merchandize, & 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.

Provided alwaies, That if any Goods or Merchandize, so taken out of any Ship or Ves∣sel, shall afterward be purloyned, imbezled, wil∣fully 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 preservati∣on of the Customes in England, or the Commis∣sioners and Barons of his Highness Exchequer in Scotland and Ireland respectively: And the Commissioners for the Customes are hereby re∣quired to take good security of the Officers im∣ployed in and about the premisses, for the faith∣full discharge of their respective trust therein.

And that if any Goods and Merchandize im∣ported, shall be unshipped, & 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, te∣stified 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 Merchandize, have been frau∣dulently concealed, to the great diminution of the Publick Revenue, and prejudice of his High∣ness 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, ta∣king charge of any Ship or Vessel, importing Goods or Merchandize, shall unship or land a∣ny such Goods or Merchandize, before such Owner, Master, Purser, or other person, ta∣king charge of such Ship or Vessel, shall have delivered unto the Commissioners of the Cu∣stomes, for the time being, or one of their De∣puties, upon Oath, the contents of the Lading of their respective Ships and Vessels, toge∣ther with the Marks and Numbers of each respective parcel, and shall have answered up∣on Oath to all such Questions, touching the premisses, as shall be demanded by the said Commissioners for the Customes, or their De∣puty or Deputies, who are hereby Authorized 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 Merchandize, shall forfeit the sum of one hundred pounds.

And be it further Enacted by the Authority aforesaid, that all and every Merchant or Mer∣chants, and any other person and persons what∣soever, entring any Goods, Wares, or Mer∣chandize, to be shipped or landed, shall upon his or their Bill, or Bills of entry, specifie the parti∣cular 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, per∣son and persons, shall forfeit the sum of Ten pounds: And for prevention of the many frauds and deceitfull practises used in Commissions for Goods and Merchandize, seized for being pro∣hibited or uncustomed, It is further Enacted by the Authority aforesaid, That no Infor∣mation shall be exhibited, or proceeded on in any Court of Record, against any such Goods or Merchandize, untill such seizure shall be regi∣stred 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 se∣cured in his Highness Ware-houses at the Cu∣stome-houses of the respective Ports.

Be it further Enacted by the Authority afore∣said; 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.

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 re∣ceived

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 for∣feit Ten shillings for every Chaldron of Coals so taken.

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 Highness 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 Depu∣ty Collectors, and shall likewise sue for and pro∣secute the same by Action, Bill, Plaint, or In∣formation, wherein no wager of Law, Pro∣tection, Essoyn, or other dilatory plea, shall be allowed.

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 pay∣ment of Customs, or advance of monies, or touching prohibited Goods, or that shall affront and abuse the said Commissioners; their De∣puties, Factors or Servants, in the execution of their several duties or services; and the per∣sons Summoned are required to appear before

such persons, or any three or more of them re∣spectively, as shall be from time to time Au∣thorized thereunto, by Commission under the Great Seal, to be Commissioners for preserva∣tion of the Customes within England, Scotland, or Ireland, respectively, to answer such their misdemeanours and miscariages: 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 Examinati∣ons, relating to such misdemeanours, where∣with he or they shall be chargeable, or charged, as shall be taken as aforesaid, unto the said Commissioners for preservation of the Cu∣stomes; 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 Of∣fenders by Fine, not exceeding five pounds, or imprisonment for one moneth, in case the fine be not paid.

And whereas many differences do daily 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 Com∣monwealth to another, without Cocquet or Transire, as also by Non and short entring of Goods and Merchandize, to be exported or im∣ported, the Customes 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 Publick Exchequer, the charge thereof would be very great, and the Com∣monwealth receive no advantage thereby con∣siderable, but Merchants and Traders very much vexed and disturbed, which, with the con∣sequence thereof, would prove very prejudicial; For preventing whereof, and the furtherance and good of Trade, and the Revenue of the Commonwealth accrewing thereby,

It is Enacted by the Authority afore∣said, That the Commissioners of the Cu∣stomes 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 di∣scretions shall seem meet, as well on the behalf of his Highness and the Commonwealth; as the persons seizing or prosecuting, Any Law, Vsage, or Custome 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 a∣foresaid; That the Commissioners of the Cu∣stomes 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 Mer∣chants, 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, belong∣ing 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 rated and va∣lued at four shillings a Tun, and the like Coals exported in Ships or Vessels belonging to Stangers, or whereof the Master and Ma∣riners are for the most part Strangers, at the sum of eight shillings a Tun, and that the Custom and Subsidy thereof be levied and re∣ceived according to the said Rates; which said Rates shall be in stead of all other Rates, im∣posed 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 Mer∣chandize, 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 pro∣secute, and the said Commissioners, not satis∣fied with such neglect or delay, then it shall and may be lawful to and for the said Commissi∣oners, 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 moyty of the said forfeitures shall be due and payable, and to no other; Any Law, Sta∣tute, Vsage, or Custom to the contrary hereof notwithstanding.

Provided likewise, and be it further Enacted by the Authority aforesaid, for the encourage∣ment 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 Cu∣ration 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 proporti∣onably; 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 proporti∣onably; 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 setled as aforesaid, the whole Additional duty before mentioned; That is to say, upon Raisins of the Sun, the sum of three shillings per hun∣dred 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 Instru∣ctions 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, accord∣ing 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 appertain∣ing, into Forreign parts beyond the Seas; And to that end all and every Act and Ordinance of Parliament, and the severall and respective Clauses, penalties and forfeitures therein con∣tained, now in force in England, is hereby Enact∣ed 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. Entituled, An Act prohibiting the Importati∣on of any Wines, Wooll, 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, Wares, and other Merchandizes, 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 re∣ceived and taken by their Deputy or Deputies, and by them to be laid out, paid, and im∣ployed 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 Mer∣chandizes, 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 half part of one per cent. due, and the same not paid and satisfied; All the said Goods, Wares, or other Merchandizes whatsoever, shall be for∣feited

and lost, the one Moity of the value there∣of, to be to him or them that will seize or sue for the same, before the Barons of His Highness Exchequer, and the other Moity to be imployed for the use aforesaid.

Provided always, That the whole duty of the one half of the one per Cent. for the Redem∣ption 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 Parlia∣ment, That one Act of Parliament made the twelfth day of March, One thousand six hundred forty 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.

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 hun∣dred 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 Cu∣stom 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 Na∣tion

shall pay only half the Custom of the great Coal, any thing in this present Act to the con∣trary notwithstanding.

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 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 ta∣ken out, or any former or other Act, Matter or thing to the contrary notwithstanding.