A Collection of divers Orders and Rules heretofore established for the making and passing Entries in the Custome-House, &c.
WHereas certaine reasonable and necessary Articles, Orders and Directions bearing Date the 27 th Ianuary, in the seventh yeare of the late Queen Elizabeth, remaining upon Record in the Court of Exchequer, and divers other Rules and Penalties by severall Statutes, Acts and Ordinances of Parliament, have been since devised and made for the better levying and receiving of the Customes and Subsidies: The due execution and practise whereof, have been for some years past much neglected, to [Page 2] the great hurt and damage of the Common-wealth, as well in matter of Custome and Subsidy as by the Importation and Exportation of goods prohibited.
For prevention whereof, and to the end the said Articles, Orders, and Directions may be hereafter duely observed, and put in Execution, for the more regular management of the affaires of the Customes, and that none may pretend ignorance thereof, or unwittingly commit any Offences contrary thereunto, we the present Commissioners of the Customes, have made a Collection of some of the aforesaid Articles, Orders and Rules, and have caused them to be published in Print, as fo [...] followeth: viz.
The Surveyor, Searcher, or other Notice of the comming in, and going out of Ships. Officer attending in any Port or Creek, shall give knowledge to the [Page 3] Collector of the head Port to which they belong (with all convenient speed) of every Ship that commeth in, or goeth out, at any Tide by way of Merchandise, or with goods from another Port by Certificate.
There shall be one Shippers Book Shippers Books. Outwards, and another Inwards, in every Custome-house, wherein every Shipper going out, or comming in by way of Merchandise, or with Commodities of this Nation to or from any other Ports by Certificate, shall enter openly in the Custome-House the name of the Ship, and of the Master, the Burthen, of whence and to, or from what Place it is fraighted, before he take in any Lading, or discharge any Goods, Wares, or Merchandises whatsoever.
The Master or Purser of every Shippers Entry Inwards. Ship comming in by way of Merchandise, shall deliver under his hand [Page 4] and upon his Oath before the Collector, or Checque, one Bill of the particulars and contents of the whole Lading of the Ship, with the Names of the severall Merchants, or the Mar [...]e, Package and outward form of the Goods and Merchandise according to his knowledge; And shall also make Declaration upon Oath, That he hath not broken Bulk since he came into the Port, or into any other Port in this Nation or the Dominions thereof, otherwise than in the said Bill shall be expressed; and shall answer to such other questions concerning the Lading of his said Ship, as shall be demanded of him by the said Collector, or the Checque. But in case he hath broken Bulke in any other port, Then he shal deliver likewise upon his Oath the particulars of the goods so delivered in the Port, where he first did break Bulke; which Entries and [...]eclarations so made as aforesaid, shall be entred into the Shippers [Page 5] Book Inwards after the Ships Entry, and be filed together in Order, and with the Shippers Book shall remaine and bee kept safely in the Custome-House.
Every Master of a Ship that shall Shippers Entries Outwards. Lade any Goods or Merchandise for the part beyond the Seas, shall enter his Ship with the Collector and Checque before hee take in any Goods, and before his Departure shall give notice of his whole Lading, with the names of the Merchants that have Laden Goods in him, and shall answer upon Oath to such Questions concerning the same as shall be demanded of him, upon paine of the forfeiture of 100 l.
All Masters or Pursers of Ships Time allowed for the Entring and discharging Ships Inwards. arriving from any forraigne parts, shall within foure dayes after their arrivall, make Entry of their Ship or Vessell in the said Port as aforesaid, [Page 6] and shall unlade and discharge the same with all convenient speed; And if such Ship or Vessell shall not bee fully unladen within thirty dayes after the Entry (unlesse in case of necessity appearing to the Collectors) the Owner and Propriator of such goods as shall remaine on Board at that time, shall beare the charge of such Officers as shall continue on Board: And the Master of such Ship or Vessell respectively, combining with the Merchant therein, shall lose his Portage.
The Master of any Ship that Penalty for a Shipper consenting to Land or Ship goods. shall suffer goods to bee Landed or Shipped without payment of Subsidy and other Duties, or at an unlawfull time or place doth forfeit 100 l.
No person may Lade, or carry any No Strangers Ships may be imployed from Port to Port. Goods or Merchandise from Port to Port within this Nation, in any Ship or Bottome whereof any Stranger is [Page 7] Owner, Master, or part Owner, upon paine of forfeiture of the Goods.
Every Merchant, or other, that will Entries of Merchandise Outwards. transport any goods by way of Merchandise for forraine Ports, shall make his Entry particularly thereof, with the Collector and Checque by a bill under his hand, or the hand of his Assigne, with the name of the Ship, the Master, the burthen, of whence, and to what place it is fraighted, with the markes and numbers of the Packs, Caske, Fardles, or other bulke, and the true quantity and quality of the goods therein contained; which Bill shall be forthwith entred in a Booke by the Collector, and delivered to the Checque to be entred by him likewise, and to file and keep the Bill of every Ship together as they shall be e [...]tred, and the true value of the goods, and of the Custome, Subsidyes, and duties thereupon due, shall be likewise set forth, and charged in the Bookes at the time [Page 8] the Merchant maketh his Entry.
All Goods and Merchandise allowed Store and Portage. for Store, Portage, or provision, Inwards or Outwards, shall be valued according to the Booke of Rates (although the same neither doth nor shall pay any Custome or Subsidy) and shall be entred in Bookes distinctly and apart by themselves.
No Entry, nor agreement with any Entries to be made in the Customhouse. Merchant or others, for Custome or Subsidy, shall be made by the Collector or others; nor any Cocquet, Warrant, or Certificat, Sealed or Subscribed, but openly in the Custome-house.
The Searcher or Surveyor Searcher to have the Cocquets & Warrants at the Landing & Shipping of Goods. shall have al Cocquets, Certificats, and Warrants delivered unto him before the Shipping or Landing of any goods therein contained, and at the time of the Shipping or Landing [Page 9] thereof, shall have the said Cocque [...], Certificats, and Warrants with them, that the Goods may be thereby examined and tryed.
Every Merchant shall have his Particular Cocquets. particular Cocquet, and Certificat by himselfe, sealed and subscribed openly in the Custome-house, by the Collector and Checque, bearing date the same day that he eatred his Goods.
All Entries, Inwards or Outwards, Indorsment of Licenses. by License, shall be indorsed upon each particular License, with the name of the Merchant, the date of the Cocquet or Entry, and the particular quantities Shipped or Landed by vertue thereof, shall be also set out and Entred in the Bookes to which they properly belong.
All Merchandise Customed Outwards Certificates or Indorsements of Cocquets. in any Ship or Vessell, [Page 10] which for some cause cannot be Laden aboard, the same Ship shall be appointed to another Ship by Certificat openly sealed, subscribed, and delivered in the Custome-house, upon the Oaths of the Searcher or Surveyor, and of the Owners thereof, openly taken, that the said Goods did not passe according to former Cocquet.
Every Merchant or other that will Entryes Inwards. enter any Merchandise inwards, or take up any Goods by store or Portage, shall make Entry thereof particularly, and deliver a Bill thereof at large under his hand or the hand of his Assigne, to the Collector, with the name of the Ship, and of the Master, the burthen, of whence, and from what place it was fraighted, with the marks and numbers of the Fardles, Bulk & Package, in the margent, and and the true quantities and qualities of the Goods therein contained. And the said Collector shall with all convenient [Page 11] speed cast up the value of the Goods, and Merchandise therein, and the Customes and Subsid [...]es thereupon due, and write it upon the said Bill, with the number and date of the Bill, according to which it shall be presently entred in the Book Inwards, to be kept by the said Collector, and then by him delivered to the Checque, to be likewise Entred, according to which Bill, another being subscribed by the said Collector and Checque, and numbred and dated as the former shall be to the Surveyor▪ Searcher or Waiter, a Waarant to suffer the Wares and Merchandise therein contained to be Landed and discharged according.
All manner of Wares that any Bils at sight. Merchant entreth at sight, shall be taken up by a Warrant (ad visum) Dated the day of the Entry thereof, subscribed and delivered openly in the Custome-house to the Searcher or Surveyor, who shall see the same [Page 12] brought to the Custome-house Key or Wharfe, and give knowledge thereof to the said Officers, which Officers shall suffer the said Goods to be taken up in the presence of the Surveyor or Searcher, and veiwed in some convenient place; and the Owner thereof shall forthwith make an Entry thereof particularly under his hand, or the hand of his assigne, with the Collector and Checque, and thereupon a warrant shall be made for the [...]learing and passing of the said wares as above said.
In every Port where more then Waiters to be appointed by the Collector. one (whether Searcher, Surveyor, or Waiters) are appointed to attend, There the Collector of the same Port shall nominate, and direct under his hand which and how many of them shall take charge of every respective Ship, going forth or coming into the same Port, either from beyond Sea, or from any other Port within this Nation, [Page 13] to see the Goods and Merchandise therein cleared and discharged, according to such warrants as he or they shall receive from the Collector and Checque.
Every Merchant Stranger that entreth Bonds of imployment any Merchandise brought from beyond Seas, shall enter into Bond with the Collector, for imployment to be made according to the Statute.
Every Searcher or Surveyor Searchers & Surveyors Book. shall enter in a Booke the day of the going out and comming in of every Ship, by way of Merchandise, or by Certificat from another Port, with the name of the Ship and Master, and the Date of every mans Cocquet, warrant and Certificat, as they in order of the dayes of every month Wharfingers Crane-keepers, or Officers consenting to fraud in matters of Custome. shall fall out.
If any Wharfinger, Crane keeper, Searcher, Lighterman, Waiter or [Page 14] other Officer, doe consent or know of any Goods shipped or landed without payment of Subsidy, &c. or at an unlawfull place, or an unlawfull time, and doe not disclose the same within one moneth after he shall forfeit 100 l.
Every Officer that maketh any False Cocquets and Warrants. Cocquet or warrant contrary, or disagreeing to the Entry of any Goods or Merchandise, shall be fined and punished according to his Offence.
Every Merchant, English or Stranger, Entring Strangers Goods in an English mans name. That shall enter the Goods of a Stranger in the name of an Englishman, shall forfeit and lose the Goods and Merchandise so entred, and all his Goods personall.
English men Inhabiting beyond English men inhabiting beyond Sea. Sea, and sworne Subjects to forraine Princes, are to pay Customes and other duties, as Strangers, so long as they so continue.
Every one borne out of the Nation, Denizens. and after made Denizen, shall pay like Customs as before he was made denizen, except Merchants of the Stillyard.
If any Searcher shall give way to Connivence of the Searcher. the transportation of money or unlawfull passingers, he shall lose his place, and all his goods, and suffer one yeares imprisonment.
All Officers whom it concernes Seisures. in their respective places, shall be diligent and carefull to make stay, and seisure of Goods, Wares and Merchandise, that shall be brought in or carried out, or intended to be carried out of this Nation, or the Dominions thereof, contrary to the Lawes, or any Act or Ordinance of Parliament.
All Goods and Merchandise that The custody of Seisures. shall be seised or stayed as aforesaid, shall presently after such seisure or stay be delivered into the charge and [Page 16] Custody of the Commissioners of the Customes for the time being, or of the Collector in the Port where such seisure or stay shall be made, there to remaine untill a sufficient warrant and discharge (aswell in respect of the Custome and Subsidy, as of the seisure and forfeiture) shall be brought for release and delivery thereof.
A Note in writing of all and every The Register for Seisures. seisure and stay of Goods, and of all sutes and Informations, for or concerning the Importation, or Exportation of Goods prohibited or uncustomed shall be forthwith by the party that doth seize or prosecute the same, delivered to the Register for seisures and forfeitures for the time being, resident at the Custome-house, in the Port of London; The said Register taking no fee or recompence for the entring thereof.
No Officer or other person, shall No Composition without Seisure. [Page 17] make composition or agreement for the seisure or forfeiture of any Goods prohibited or uncustomed, without License out of the Court of Exchequer, or other lawfull Warrant first had and obtained by the Offendor, upon the paines and penalties by the Lawes in that behalfe made and provided.
All Compositions, Fines, Recoveries; The moyety of Seisure to be paid before the Goods be released. Warrants, Orders, and other discharges to be had, made, or granted, for, or upon the aforesaid seisures and informations be entred in the Register aforesaid, and the monyes therupon due and payable, be satisfied and paid to the Commissioners of the Customes, for the use of the Navy, before the respective Goods therein concerned be released or delivered.
All Appraisments of Goods, Appraisements. Wares and Merchandise seised as aforesaid, be shewed and delivered to the [Page 18] Register aforesaid, before they be returned into the Cxchequer to be by him examined and entred, and if the Goods be to much undervalued, the said Register is to make stay thereof, and to acquaint some of the Barons of the Exchequer therewith, to the end that a review, and new appraisement may be made of the Goods.
Every Merchant that carieth any Coast Cocquets for forraigne Goods. forraine Goods or Merchandise, from the Port where they were first entred to another Port by water or by Land, shall bring a Certificat from the Collector of the Port where they were first entred, testifying the payment of the Custome, with the true quantity and quality of the Goods, and shall not dicharge his Goods before he deliver his Certificat to the Co [...]lector of the Port to which the Goods shall be brought, upon paine of forfeiture of the said Goods, And if the Certificat be not made according to the first [Page 19] Entry, the Collector shall lose his place.
Every person or persons, that will English Goods Customable or prohibited. Ship or carry any Goods or Merchandise (prohibited, or whereof any the duties of Custome or Subsidy are payable) to discharge the same in any other Port or place within this Nation, shall before the Shipping thereof declare, and manifest under his or their hands, to the Collector and Checque of the Customes, in the Port where the same shall be Shipped, in the open Custome-house, the nature, Length, number, and other contents, and the value of such Goods, together with the name of the Ship, and of the Master, the place of whence, and for which he is fraighted, & with the approbation of the said Collector and Checque shall also make & enter into a sufficient obligation Bond. in the Law, in which he shall be bound with sufficient sureties, in such sum of money as shall amount [Page 20] to double the value of the Goods so declared, and manifested, with condition that the same shall be discharged at some Port or Creek within this Nation, and in no other Place. And in case any of the said Goods or Merchandise, shall be Shipped or Laden in any Ship or other Vessell, to be carryed or passed between Port and Port as aforesaid, before such Declarations shall be made, and security given as aforesaid,
That then all and every the said The forfeiture of the Goods. Goods and Merchandise, shall be forfeited and lost, the one moyety or the value therof to be to him or them that will seize or sue for the same, and the other moyety or value thereof, or the Fine or Composition for the same to be paid to the Commissioners, and Collectors of the Customes, for the time being, for the use of the Navy.
That every person or persons, that Returne within four moneths. [Page 21] shall Ship such Goods, and shall be bound as aforesaid, shall within four monthes next after the Shipping thereof, bring a true Certificat from the Port or Place, where he or they shall discharge the said Goods, testifying that the same Goods so Shipped, and the true nature, Length, Weight, Number, and other contents or value thereof is there discharged, which Certificat shall upon discharge of the Goods be delivered to the Party discharging the same without delay.
All and every the said Bonds▪ for Bonds to be delivered into the Exchequer and redelivered to the parties. which Certificats are returned, shall be delivered halfe yearely into the Exchequer, with the Certificats therunto annexed, and indorsed also thereupon, And every Easter Terme after the accompt of the Officers that did take them is past, The said Bonds shall be delivered to every person that will sue for the same, paying onely twelve pence, for the delivery thereof, to the [Page 22] Officer that hath the Custodie of them.
All other of the said Bonds that be expired, and no Certificat returned according to the conditions, shall be delivered into the Exchequer halfe yearly, that execution may be had thereupon. Forfeited Bonds.
Every person that bringeth any Goods, Wares or Merchandise, from any Port within this Nation, into another Port within the same, by Certificat, shall make Entry thereof under his hand, and shall bring his Certificat to the Commissioners or Collectors of the Subsidy in the respective Ports, which Commissioners, Collectors, or their Substitutes, shall make a Warrant at large, to the Waiters or Searchers to suffer the same Goods, Wares and Merchandise, to be taken up acording to the Entry and Certificat.
In the passing of Goods from Port to Goods Customable. Port within this Nation, the Collectors and other Officers are to understand by Goods Customable, All Wares and Commodities growing, wrought or manufactured within this Nation; and all forraigne Commodities and Merchandises, which have been imported and remained in this Nation ( viz) by an English man above twelve months, and by a Stranger above nine months, and the property altred, by the Sale thereof made by the first Importer.
And by Goods prohibited to bee exported, Goods prohibited outwards. Moneys, Bullion, Plate, Iewells, Woollen yarne, and Cloath undrest, Horses, Mares, Oxen, Kine, Sheep, Copper, Brasse, Bell metall, Panne metall, Gun metall, shruffe, White Ashes, Butter, Cheese, Wood, and Corne (when it is above the price limited by Statute) Also Leather, Hides, Tallow, and all things made thereof, Skins of Sheep or
Pelts, and of Stag, Hind, Buck, Doe or Fawne, Goat or Kidd, Wooll, Worsted Yarne Woollen Flock, Woollfells, Fullars Farth, and Clay of what kind soever.
It is further to be noted, That by Grocery and Saltery wares is meant forraigne Commodities onely, which have been formerly brought from beyond the Seas, and the duties paid Inwards, and that no Merchandise or manufactures, of England or Wales, are to passe under those generall names.
The Collectors and other Officers of the Customes, are likewise diligently to observe and performe the Articles, Rules and directions annexed to the present Book of Rates, and such others as are directed by any Ordinance of Parliament published 16 De: 1647. or by a late Act made for the Raising and Levying of Money, by way of Excise; or by any other Statute [Page 25] Act or Ordinance of Parliament, now in force for or concerning the payment of the Subsidy of Tomage and Poundage, or the importation or exportation of Goods prohibited.