Page:Ruffhead - The Statutes at Large - vol 2.djvu/646

 59' C* ii, Anno xlii Reginffi Elizabeth*. A.D. A Continuance of Part of the Stat, of 5 Eliz. c. 5 -for fix- Years. EXP, 5 Eliz, c, 5. §. 10. What Cods rmy be brought into the Realm in Earrels and Calks. EXP. 27 Eliz, c. II, 15. What Kind of Ship3 (hall not Anchor upon the Sea in the Time of com- mon lifting. . & „, „.«».* ***»« *-. — 1570. i every Perfon and Perfons which fhould by Virtue of that Act tranfport or carry any Herring or Sea-nfli ' from out of any Port or Harbour of this Realm, to any Place out of the Dominions of your Majefty, your ' Heirs and Succeffors, fliould be free from Payment of any Cuftoms, Subfidy or Poundage-Money, for the ' fame Fifh fo carried or tranfported duringthe Space of four whole Years, beginning at the faid firft Day ' of April one thoufand five hundred hxty-four, and fo further during your Majefty 's Pleafure, which Term 4 of four Years is now expired and ended : ' II. And where it is by Experience found, that the faid Act hath been a very good Aft, and greatly ' encreafed the Navy and Fifhermen, and caufeth many poor Men to be fet a-work, and is in great Likeli- ' hood daily to encreafe the fame more and more; 5 (2) It may pleafeyour moft excellent Majefty, of your abundant Grace, that it maybe enacted by Authority of this prefent Parliament, That fo much of the faid AcT: as is above recited for Liberty of tranfporting of Herring and Sea-hfh by the Natural-bom Subjects of your Majefty, your Heirs or Succeffors, and for Freedom from paying of any Cuftom, Subfidy orPoundage- Mon«y, mail be revived, and fhall from henceforth continue for the Space of fix Years from the End of this SeiTion of Parliament, and from thenceforth to the End of the next Parliament after the faid fix Years to be fummoned, and from thenceforth during your Majefty's moft gracious Pleafure, fo that fuch Tranfporting be in Veffels with crofs Sails. ' III. And where alfo in the faid Act made in the faid fifth Year, amongft other Things, all Manner of ' Perfons are generally forbidden to bring into this Realm any Cods or Lings in Barrels or other Calks, upon ' Tenor of this Act: (2) Forafmuch as by that Branch of the faid Statute, it was well intended and meant ' to meet with the Fraud of Strangers and other, which brought into this Realm great Quantity of Cods and ' Lings deceitfully packed in Barrels, and not meant to hinder any the Queen's Majefty's Subjects ufing Up- ' rightnefs and Truth in the Barrelling of fuch Fifh :' (3) May it therefore pleafe your Majefty, that it be further enacted by the Authority aforeiaid, That after the Feaft of E after, which fhall be in the Year of our Lord Gocl one thoufand five hundred feventy-five, it fhall be lawful from thenceforth to all your Ma- jefty's loving Subjects born within this Realm, or within any other your Majefty's Dominions, (ufing no Fraud or Deceit in Packing or Barrelling thereof) for the Term of fix Years next enfuing, to bring into this Realm, or any other your Highnefs Dominions, all fuch Cods and Lings as they fhall happen to take upon the Sea by their own fifhing in Veffels with crofs Sails, without incurring any Forfeiture or Penalty therefore ; any Thing in the faid Act contained to the contrary notwithftanding. The Affife of Herring Barrels, No foreign Fifh fhall be dried within England to be fold. For farther Pra- 'vijhni relating tereio, fee 3 Jac. Gee. 2. a 26. §. ' doing of the faid poor Fifhermen:' (2) Be it therefore enacted, ordained and eftablifhed by the Autho- rity of this prefent Parliament, That no Perfon or Perfons ufing any Ship, Boat or Veffel called Catch, Monger or Picard, or other Veffel of like Ufe, fhall in the Time of common fifhing upon the faid Sea- coafts of Norfolk and Suffolk, between the fourteenth Day of September and the fourteenth Day of November, from Sun-fetting to Sun-rifing, anchor upon the main Sea, or in the common Stream or Trade of Fifaing, where the Fifhermen ufe to drive ; (3) upon Pain to forfeit their Catch, Monger, Picard or Veffel, with the Tackle and all the Fifh in the fame or the Value thereof; the one Half to your Majefty, your Heirs and Succeffors, the other Half to the Bailiffs, Burgeffes and Conjmonalty of the Town of Great Yar?nouth, to be employed to the Recompenhng his Damages to the Party whofe Nets fhall fo be cut, and to the Build- ing and Repairing of the decayed Haven there, and to be taken by way of Seizure, or otherwife to be re- covered by Bill, Action or Information in any of your Majefty's Courts of Record ; any Statute, Law or Ufage to the contrary notwithftanding. ' V. And where your Subjects ufing the Trade of Fifhing for Herring, have of many Years, and Time ' out of Mind, ufed to pack their Herring in Cafk or Barrels containing about two and thirty Gallons of ' ufual Wine Meafure, and with fuch Affife hath been ufually gauged and allowed at your honourable City of ' London, and do contain the fame Meafure of two and thirty Gallons, according to fuch ufual Brafs Meafure' ' which Meafure yet hath lately been quarrelled at by certain Informers, for that the fame contain not two and ' thirty Gallons by the old Meafure of Standard, which they never did, though peradventure the Extremity ' of old Statutes in Words, by fome Mens Conftruction, might be ftretched to require fo much : (3) And for It may alfo pleafe your moft excellent Majefty, that it be alfo enacted and declared, That the faid Affife of two and thirty Gallons of Wine Meafure, which is about eight and twenty Gallons by old Standard, well packed, and containing in every Barrei ufually a thoufand full Herrings at the lealt, is and fhall be taken for good, true and lawful Affife of Herring Barrels, throughout the v/hole Liberty of the faid Town of Great Yarmouth and elfevvhere; any ancient or former Law or Statute to the contrary notwithftanding. VI. Be it further enacted, That no Fifh hereafter to be taken or brought into this Realm by any Stranger, nor any Pifh commonly called Scottifh Fifh or Flemijh Fifh, fhall be dried ithin England to be fold, upon Pain of Forfeiture of all fuch Fifh to be dried contrary to the Meaning of this Act, or the Value thereof: (2) Which Forfeiture fhall be to fuch Perfon dwelling at any Town where is any Port, Peer or Haven as will feize the fame Fifh, or will fue for the fame Value in any Court of Record, to be employed to the Re- paration and Maintenance of fuch Port, Peer or Haven as is next to the Place where the Offence fhall be committed. 1. c. 12. 30 Car. 2. Stat. 1. c 9. 4 fif ; fV. & Mi c. 23. $Ann. e, 21, 9 -(fan, e. 26. 1 Gee. I. Stat. 2. c. 18, 5 Gej. 1. c, it, 13 7, afi.ttfM. 2, e. 9. 30 Geo, i, c. 21 & 30. and 33 Geo. s. c. 27,-
 * Pain of Forfeiture of all the Cods and Lings fo to be brought in, or the Value thereof, contrary to the
 * as is out of your honourable Court of Exchequer delivered to your faid honourable City of London; (2)
 * that the ufual Barrels now be as great as ever within the Time of any Memory they have been known to
 * be, and the Alteration thereof fliould be a great Decay and Peril of undoing to the faid Fifhermen :' (4)