day of October One thousand six hundred sixtie and two and had such Certificate thereof as is directed in one Act passed the last Sessions of this present Parliament entituled An Act for preventing Fraud and regulating Abuses in His Majesties Customes, and whereof the Master and three Fourthes of the Marriners at least are English, and which shall be carryed directly thence to the said Lands Islands Plantations Colonyes Territories or Places, and from noe other place or places whatsoever Any Law Statute or Usage to the contrary notwithstanding, under the Penaltie of the losse of all such Commodities of the Growth Production or Manufacture of Europe as shall be imported into any of them from any other Place whatsoever by Land or Water, and if by Water, of the Ship, or Vessell alsoe in which they were imported with all her Guns Tackle Furniture Ammunition and Apparell, one third parte to His Majestie His Heires and Successors, one third part to the Governour of such Land Island Plantation Colony Territory or Place into which such Goods were imported if the said Shipp, Vessell or Goods be there seised, or informed against and sued for, or otherwise that Third part alsoe to His Majestie His Heires and Successors, and the other Third parte to him or them who shall seise informe or sue for the same in any of His Majesties Courts in such of the said Lands Islands Colonies Plantations Territories or Places where the Offence was committed, or in any Court of Record in England by Bill, Information Plaint or other Action wherein noe Essoyne Protection or Wager in Law shall be allowed.

V. Provided alwayes and be it hereby enacted by the Authoritie aforesaid That it shall and may be lawfull to shipp and lade in such Shipps, and soe navigated as in the foregoeing Clause Is set downe and expressed in any part of Europe Salt for the Fisheries of New England and New found land, and to shipp and lade in the Medera's Wines of the Growth thereof, and to shipp and lade in the Westerne Islands or Azores Wines of the Growth of the said Islands, and to shipp [or] take in Servants or Horses in Scotland or Ireland, and to shipp or lade in Scotland all sorts of Victuall of the Growth or Production of Scot

land, and to Shipp or lade in Ireland all sorts of Victuall of the Growth or Production of Ireland, and the same to transport into any of the said Lands Islands Plantations Colonyes Territories or Places, Any thing in the foregoing Clause in the contrary in any wise notwithstanding.

XIII. And for the Encouragement of the Herring and North Sea [Island] and Westmony Fisheryes Be it enacted and it is hereby enacted by the authoritie aforesaid That from and after the First day of August which shall be in the yeare of our Lord One thousand six hundred sixtie and fower noe Fresh Herring Fresh Codd or Haddock Coal fish or Gull fish shall be imported into England Wales or the Towne of Berwicke but in English built Shipps or Vessells, or in Shipps or Vessells bona fide belonging to England Wales or the Towne of Berwicke and haveing such Certificate thereof as is abovesaid, And whereof the Master and three Fourthes at least of the Mariners are English, and which hath beene fished caught and taken in such Shipps or Vessells and soe navigated, and not being bought or had of any Strangers borne or out of any Strangers Bottomes under the paine of the forfeiture of all such Herring Codd Haddock Coal fish or Gull fish imported contrary to the true intent and meaning hereof, and of the Shipp or Vessell in which it was imported, one moiety of which forfeitures shall be to His Majestie His Heires and Successors and the other moyetie to him or them that shall informe seise or sue for the same to be recovered by Bill Plaint or other Action wherein noe Essoigne Protection or Wager in Law shall be allowed.

XIV. And be it further enacted, and it is hereby enacted by the Authoritie aforesaid That for the following sortes or kinds of salted or dryed Fish which from and after the [said] First day of August shall be imported into England Wales or the Towne of Berwicke in any other Shipp or Vessell then what is English built or belonging to England Wales or Towne of Berwicke and haveing such Certificate thereof as abovesaid and

whereof the Master and three Fourthes of the Marriners at least are English and not haveing beene fished and caught in such Shipps or Vessels and soe navigated there shall be paid by way of Custome and Impost the severall summes of money herein after perticularly mentioned (that is to say)

For Cod-fish the Barrell five shillings

For Cod fish, the Last containing twelve Barrell Three pounds

For Cod-fish the hundred containing sixscore Ten shillings For Coale fish the hundred containing sixscore five shillings, For Lings the hundred containing sixscore One pound,

For White Herrings the Last containing twelve Barrells One pound sixteene shillings,

For Haddocks the Barrell Two shillings,

For Gull fish the Barrell Two shillings,

XV. And foreasmuch as planting and makeing Tobaccho within this Kingdome of England doth continue and increase to the apparent losse of His said Majestie in His Customes the discouragement of the English Plantations in the parts beyond the Seas and prejudice of this Kingdome in generall notwithstanding an Act of Parliament made in the Twelfth yeare of His said Majesties Raigne for prevention thereof entituled An Act for prohibiting the planting setting or sowing of Tobacco in England and Ireland, And forasmuch as it is found by experience that the reason why the said planting and makeing of Tobaccho doth continue is That the penalties prescribed and appointed by the Law are soe little as have neither power or effect over the transgressors thereof For remedy therefore of soe great an evill Bee it enacted by the Authoritie aforesaid That all and every the person and persons whatsoever that doe, or shall at any time hereafter sett plant or sow any Tobaccho in Seed, Plant or otherwise in or upon any Ground Field Earth or place within the Kingdome of England Dominion of Wales Islands of Guernsie and Jersie or Towne of Berwicke upon Tweede or Kingdome of Ireland shall over and above the Penaltie of the said Act for that purpose ordained for every such offence forfeite and pay

the summe of Ten pounds for every Rod or Pole of Ground that he or they shall soe plant sett or sow with Tobaccho and soe proportionably for a greater or lesser quantity of ground one third part thereof to the Kings Majestie, one other third part thereof to the use of the Poore of such respective Parish or Parishes wherein such Tobaccho shall be soe planted sett or sowed and the other third part thereof to him or them that shall sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of His said Majesties Courts of Record at Westminster wherein noe Essoigne Protection or Wager of Law shall be allowed.

XVI. And it is hereby further enacted That in case any person or persons shall resist or make forceable opposition against any person or persons in the due and through Execution of the said Act of the Twelfth of His said Majesties Raigne that he she or they soe resisting and makeing forceable opposition shall over and above the Penalties therein mentioned for such Offences be committed to the common Goale of the County where such Offence shall be committed there to remaine without Baile or Maineprize untill he or she or they have entred into a Recognizance to His Majestie His Heires and Successors with two sufficient Sureties of Ten pounds penaltie not to doe or committ the like offence againe,

XVII. Provided alwayes That this Act nor any thing therein contained shall extend to the hindrance or prejudice of planting Tobaccho in any Phisicke Garden of either of the Universities or any other private Garden for Surgery soe as the quantity soe planted exceede not the halfe of one Pole in any one place or Garden,

XVIII. Provided alsoe and be it enacted That it shall and may be lawfull to import Catle of the breed of the Isle of Man not exceeding six hundred in any one yeare And Corne of the growth of that Island out of that Island into England soe as the said Catle be landed at Chester Liverpoole or Wirewater, Any thing in this Act to the contrary thereof in any wise notwithstanding.... .

5. An Act for the incouragement of the Greeneland and Eastland Trades, and for the better secureing the Plantation Trade1

1672

V. And whereas by one Act passed in this present Parlyament in the twelfth yeare of your Majestyes Raigne entituled An Act for encouragement of Shipping and Navigation, and by severall other Lawes passed since that time it is permitted to shipp, carry, convey and transport Sugar, Tobacco, CottonWooll, Indicoe, Ginger, Fusticke and all other Dying wood of the Growth, Production and Manufacture of any of your Majestyes Plantations in America, Asia, or Africa from the places of their Growth Production and Manufacture to any other of your Majestyes Plantations in those Parts (Tangier onely excepted) and that without paying of Custome for the same either at the ladeing or unladeing of the said Commodityes by meanes whereof the Trade and Navigation in those Commodityes from one Plantation to another is greatly increased, and the Inhabitants of diverse of those Colonies not contenting themselves with being supplyed with those Commodities for their owne use free from all Customes (while the Subjects of this your Kingdome of England have paid great Customes and Impositions for what of them hath beene spent here) but contrary to the expresse Letter of the aforesaid Lawes have brought into diverse parts of Europe great quantities thereof, and doe also [dayly] vend great quantities thereof to the shipping of other Nations who bring them into diverse parts of Europe to the great hurt and diminution of your Majestyes Customes and of the Trade and Navigation of this your Kingdome; For the prevention thereof Wee your Majestyes Commons in Parliament [assembled] doe pray that it may be enacted And be it enacted by the King's

1 Statutes of the Realm, vol. 5, pp. 792-793.