February, 1644/5

[20 February, 1644/5.]

Former Ord. of Tonnage and Poundage to be in force from 25 March, 1645/6, to 26 March 1647.; Power to Commissioners, etc., to receive Tonnage and Poundage Moneys, etc.; To allow defalcation at 15 per cent, on moneys advanced.; Indemnity; All future Acts for Tonnage and Poundage to provide for indemnity of Merchants advancing duties, of Commissioners, etc; All merchants to enter goods exported or imported.; From Feb. 1, 1644/5, goods on which duty has not been paid to be forfeited.; Late Ord. for regulating Tobacco to be in force without allowance of 15per cent. Proviso for Merchants using Composition Trade of Dover.

Whereas there was passed an Ordinance by the Lords and Commons assembled in Parliament, entituled, An Ordinance of Parliament concerning the Subsidie of Tonnage and Poundage, to continue from the first day of July 1642. unto the first day of March then next ensuing, which said Ordinance, by a later of the 21 of January 1642. for the setting forth of severall Ships and Fleets to Sea, for the guarding of this Realm, and other his Majesties Dominions, in these times of imminent danger, and for carrying on the Affaires of the Navy, was ordered to stand and continue in full force and power from the time of the said Ordinance expiring, unto the 26 day of March 1644. and from thence by another Ordinance of the 18 of September 1643. to continue unto the 25 of March 1645. And whereas the said Lords and Commons have taken into their consideration the necessity of the continuance of severall Fleets of Ships abroad at sea, for the said service, and the same will require great summes of money, which cannot be supplied and provided for, but out of the collections of duties arising on Goods and Merchandize exported out of, and imported into this Kingdome. Be it therefore Ordained by the said Lords and Commons, That the said first Ordinance, entituled An Ordinance of Parliament concerning the Subsidie of Tonnage and Poundage, together with the Book of Rates lately agreed on by the Commons House of Parliament, and by their Order published in print, and all and every the Articles and Instructions in the said Ordinance and Book of Rates specified and contained, shall stand and continue in full force and power from the said 25 of March 1645 inclusive, for, and untill the 26 of March 1647 exclusive: and that the Commissioners and Collectors for the time being, or such other Persons as shall be at any time hereafter nominated and appointed to receive the said duties, by both Houses of Parliament, are and shall be enabled to receive all such summes of money, which shall at any time hereafter be payable, or payed for Tonnage and Poundage, or advanced by way of Loane, or otherwise, for, and in respect of Goods and Merchandize exported out of, or imported into the Port of London, and all other Ports within the Realm of England, Dominion of Wales, and Towne of Berwick, in such manner as the Duties of Tonnage and Poundage have been formerly received by the late and now Commissioners and Collectors of the Customes; which said Commissioners and Collectors, and such other Persons hereafter to be appointed by both Houses of Parliament, as aforesaid, their Deputy or Deputies, or any one of them shall have full power and authority to give allowance by way of defalcation, after the rate of 15 per Cent. out of all such moneys as shall be advanced according to the said Ordinance and Book of Rates; all which moneys the said Commissioners and Collectors, and such other Persons hereafter to be appointed as aforesaid, their Deputy or Deputies, shall receive upon account and shall from time to time issue out the same, as they shall be authorized by Order of the Lords and Commons in Parliament, or by Order signed by five at the least of the Committee of the Navy of the Commons House of Parliament, sitting the Committee for the use of the Navy, and the Fleet now at Sea or hereafter to be employed by Authority of both Houses of Parliament, for the guarding of the Seas, and defence of the Kingdome, and for other necessary charges for the managing the Service aforesaid, whose Order from time to time shall be their sufficient discharge. And for the better encouragement of the said Commissioners and Collectors, the said Lords and Commons doe Ordaine, That whatsoever Act or Acts the said Commissioners and Collectors, or such other Persons to be appointed as aforesaid, their Deputy or Deputies, or any one of them, shall doe in the execution of this Ordinance, and whatsoever moneys they shall receive and issue out by vertue of the same, They, their Heires, Executors, and Administrators shall be acquitted, discharged, and kept harmlesse from any other or further trouble, question, or account whatsoever, then to the said Lords and Commons. And they doe further declare, and promise, that when any Act of Parliament shall be past for Tonnage and Poundage, provision shall be made by that Act, as well for the indempnity of the Merchant advancing the said duties, and summes of money according to the said Ordinance and Book of Rates, as for the security and indempnity of the said Commissioners and Collectors, and such other Persons to be appointed as aforesaid, in performance of the said Service, and of such other Person and Persons who shall be employed therein. And it is likewise Ordained by the said Lords and Commons, and they doe hereby enjoyne all Merchants, aswell Denizens as Aliens, to make due entries of all such goods and merchandizes as they shall export or import, from the day of the date hereof, for, by, and during the continuance of this present Ordinance. And it is further Ordered and Ordained by the authority aforesaid, That if any such goods or other merchandize, whereof any the duties aforesaid, are or shall be due, shall at any time hereafter be shipped or put into any Boat or Vessell, to the intent to be carried into the parts beyond the Seas, or else be brought from the parts beyond the Seas, into any Port, Place or Creek of this Realm, or other his Majesties Dominions, by way of Merchandize, and unshiped to be layd on land, the Customes and other duties due by this Ordinance, or to be due for the same, not payd, or the Collector thereof or his Deputy, with the consent and agreement of the Comptroller and Surveyor there, or one of them at the least not agreed with for the same, in the Custome House, according to the true meaning of this Ordinance; That then from the first day of February 1644, all the same Goods and Merchandize whatsoever shall be forfeited, the one halfe to be imployed to the use of the State, and the other moity to him or them who will seize or sue for the same: And for that purpose, the said Lords and Commons doe require the Customers, Comptrollers, Surveyors, Searchers of the said City of London, and all other the Ports respectively, that they doe carefully attend their severall charges, and make due seizure as forfeited, of all such goods and merchandize as shall not be entred according to the intent of this Ordinance. And such Goods so seized by the said Officers, or any other Person whatsoever, they are required from time to time to Register with the Officer appointed for that purpose in the Custom-House London: and to proceed by way of Bill, plaint, or information in his Majesties Court of Exchequer, against such goods and persons so offending, contrary to the true intent and meaning of this Ordinance: And it is lastly Ordained, That the Baron or Barons of the said Court of Exchequer, and all other Officers of the said Court respectively, for the time being, do and shall, and are hereby authorized and required to proceed to Judgment upon such Bill, Plaint, or Information according to the course of that Court. And the said Baron or Barons, and Officers of the said Court respectively, shall be hereby indempnified and saved harmlesse for their so doing. Provided, that the Ordinance lately made for the Regulating of the Rates of Tobacco, doe stand in force without allowance of 15 per Cent. according to the true intent and meaning of the former Ordinance, any thing in this Ordinance to the contrary notwithstanding. Provided alwayes, That for the better encouragement of all Merchant Strangers and others, using the Composition Trade of Dover, It is Ordained, That the said Merchants Strangers and others, using the said Composition Trade, shall not pay any Customes, Subsidies, or any other Imposition whatsoever, more then the 2½. per Cent. which usually heretofore was by them paid for that Composition Trade, any Ordinance to the contrary notwithstanding.

Former Ords. forbidding Importation of Currants repealed.; One third of Customs on Currants for Gloucester Garrison.

It is further Ordained, That the severall Ordinances of Parliament of the 26 of August 1642. and 19 January 1642. inhibiting the Importation of Currans, bee hereby Repealed and made voyd; And that it shall and may be lawfull from the date hereof, for all Merchants of the Levant Company, to Import in English Bottomes, Corrans as in former times, paying only such Customes and Duties as are due and payable by the now Book of Rates established by the Authority of this present Parliament: Provided that one third part of the profit that shall arise out of the Customes payable upon Currans, shall be appropriated to the Garrison of Gloucester.