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Anno Regni
GULIELMI III
REGIS
Angliae, Scotiae, Franciae, & Hiberniae
Octavo & Nono
At the
Parliament begun at Westminster, the Two and twentieth Day of
November, Anno Dom. 1695. In the Seventh Year of the Reign of our
Sovereign Lord WILLIAM the Third, by the Grace of God, of Great
Britain, Scotland, France, and Ireland, King, Defender of the Faith,
&c. And
from thence Continued by several Prorogations and Adjournments to
the Twentieth day of October, 1696, being the Second Session of this
present Parliament. |
LONDON:
Printed by Charles Bill, and the Executrix of Thomas Newcomb deceas’d,
Printers to the Kings most Excellent Majesty. MDCXCVII.
Anno Octavo and
Nono
Gulielmi III Regis
An Act for the
Repair of the Peers of Bridlington alias Burlington, in the East-Riding
of the County of York..
WHEREAS
the Bay of Bridlington alias Burlington, in the East-Riding in the
County of York, is a Spacious, Safe and Secure Bay for His Majesties and
all other Ships or Vessels, Trading or Sailing upon that Coast, or to or
from the Northward, and the Port or Peer of Bridlington alias
Burlington, (while it was in Repair) was of great Use and Advantage to
His Majesties and other Ships passing to or from the Northwards, or
trading upon that Coast, for their necessary Supply of Fresh Water,
Victuals and Provision of all sorts, Security of Ships in time of War,
and also from Storms, the Exportation of Corn and Grain (the Adjacent
Parts being a great Corn Countrey) and of other Manufactured
Commodities, and also absolutely necessary for the Herring Fishing, a
great part of which Peer, in the beginning November, One thousand six
hundred ninety five, by Violence of Storms, and Raging Seas, was thrown
down, and the Remainder thereof (if not timely prevented) in Imminent
Danger of being utterly Ruined, and the whole Port or Peer utterly lost,
and thereby the said Port and Bay become of little or no use: for Remedy
whereof, and to the Intent so Useful and Necessary a Bay and Port of so
Publick benefit to this Nation may be
Preserved,
Be it Enacted by the Kings most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and Commons in
this present Parliament Assembled, and by Authority of the same, That
from and after the First Day of May, One thousand six hundred ninety
seven, and before and until the first Day of May, in the Year of our
Lord, One thousand seven hundred and four, the several Duties herein
after mentioned shall be paid for the Rebuilding, Repairing and Amending
the said Port or Peer; to Wit, One Farthing for every Chaldron of Coals
that shall be loaded on Board any Ship, Hoy, Bark or other Vessel, at or
in the Port of Newcastle upon Tyne, or at Sunderland, Blythe, Suton
Sluce, Culler Coats, or any other Port, Harbour, Colliery or Place, that
is, or is reputed to be a Member of the said Port of Newcastle upon
tune, during the Term aforesaid; which said Duties and Payments, during
the Term aforesaid, shall be Answered and Paid unto Arthur Lord Viscount
Irwin of the Kingdom of Scotland, Sir Griffith Boynton, Sir Charles
Hotham, Sir William Strickland, Sir William St Quintin, Baronets, Sir
Michael Wharton, Sir Matthew Peirson, Sir William Hustler, Sir Richard
Osbaldeston Knights, Ralph Wharton, John Buck, Robert Monckton, Hugh
Bethell, Robert Bierly, Charles Osborn Esquires, and the Wardens of
Trinity-house at Hull for the time being, and the
Survivor
and Survivors of them, and the Executors and Administrators of such
Survivor, or their Deputy or Deputies, Officers or Assigns thereunto
Appointed or Constituted by some Writing under their Hands and Seals of
the Major Part of them, by every Master or other Person taking Charge of
any Ship or Vessel whereupon such Coals shall be loaden, before any such
Ship, Hoy, Bark or other Vessel so loaden shall proceed in any such
Voyage; The said Duties to be Paid at such Place and Places in or near
the Place where such Ship, Hoy, Bark or other Vessel shall take on Board
and Lade such Coals, as by the said Arthur Lord Viscount Irwin, Sir
Griffith Boynton, Sir Charles Hotham, Sir William Strickland, Sir
William St Quintin, Sir Michael Wharton, Sir Matthew Peirson, Sir
William Hustler, Sir Richard Osbaldeston, Ralph Wharton, John Buck,
Robert Monckton, Hugh Bethell, Robert Bierly, Charles Osborn and the
Wardens of Trinity-house at Hull for the time being, or the Major Part
of them, shall from time to time be Appointed for the Receipt thereof,
Whereupon the Party Appointed to Receive the same, shall, without Delay,
Fee or Reward, deliver a Receipt thereof under his Hand to the Person or
Persons who shall Pay the said Imposition or Duty, which Receipt for so
much shall be a sufficient Discharge.
And
to the end the said Duties may be truly Answered and Paid, Be it further
Enacted by the Authority aforesaid, That no Customer of his Majesties
Customs, Comptroller, Receiver of Entreys of Ships, Surveyor, Searcher,
Waiter, or other Officer Whatsoever, of or concerning the said Customs,
at or within the Ports, Harbours, Roads, Creeks or Places aforesaid,
during the Term and Time hereby Granted, shall take any Entreys, or give
or make any Cocket or other Discharge, for any Ship, Hoy, Bark or other
Vessel so Loaden with Coals, as aforesaid, at or in any of the Ports,
Havens, Roads, Creeks or Places aforesaid, until the Duties and Payments
hereby Granted, Due and Payable by the Master or other Person taking
Charge of such Ship, Hoy, Bark or Vessel, according to the Tenor and
true Meaning of this Act, shall be Paid unto the respective Deputies or
Assigns Appointed to Receive the same, as aforesaid; And that such
Masters or other Persons taking Charge of such Ship, Hoy, Bark or other
Vessel, do produce and shew forth a Receipt or Acquaintance, under the
hand of such Deputy or Officer, testifying the Receipt thereof; And that
every Customer, Collector, Comptroller, Receiver of Entreys of Ships,
Surveyor, Searcher, Waiter or other Officer of or concerning the said
Customs, making Default in any of the Premisses enjoyned them by this
Act, shall forfeit the Sum of Fifty Pounds under the said Arthur Lord
Viscount Irwin, Sir Griffith Boynton, Sir Charles Hotham, Sir William
Strickland, Sir William St Quintin,
Sir
Michael Wharton, Sir Matthew Peirson, Sir William Hustler, Sir Richard
Osbaldeston, Ralph Wharton, John Buck, Robert Monckton, Hugh Bethell,
Robert Bierly, Charles Osborn, and the Wardens of Trinity-house at Hull
for the time being, and the Survivors and Survivor of them, and the
Executors and Administrators of such Survivor, to be Recovered, together
with their Costs of Suit, in any of His Majesties Courts of Record, by
Auction of Debt, Bill, Plaint or Information, wherein no Essoign, Wager
of Law or Protection shall be allowed.
And be it further enacted, That it shall and may be Lawful to and for
any Person or Persons, by Warrant under the Hands and Seals of the said
Arthur Lord Viscount Irwin, Sir Griffith Boynton, Sir Charles Hotham,
Sir William Strickland, Sir William St Quintin, Sir Michael Wharton, Sir
Matthew Peirson, Sir William
Hustler,
Sir Richard Osbaldeston, Ralph Wharton, John Buck, Robert Monckton, Hugh
Bethell, Robert Bierly, Charles Osborne, and the Wardens of
Trinity-house at Hull for the time being, or the major part of them, or
of the Survivors of them, to go on Board any Ship, Hoy, Bark, or any
other Vessel Laden or to be Laden with Coals, at or within any of the
said Ports, Havens, Roads, Creeks or Places aforementioned, and to
Inspect and Take an Account of the Loading of such Coals.
And be it further Enacted by the Authority aforesaid, That all and every
such Sum and Sums of Money, which shall be Raised and Received by the
Duties aforesaid, and Recovered for any the Forfeitures in this Act
Appointed (other than so much thereof as shall be Laid out or Allowed
for the Collecting the said Duty, not exceeding Six Pence in the Pound)
shall be by the said Arthur Lord Viscount Irwin, Sir Griffith Boynton,
Sir Charles Hotham, Sir William Strickland, Sir William St Quintin, Sir
Michael Wharton, Sir Matthew Peirson, Sir William Hustler, Sir Richard
Osbaldeston, Ralph Wharton, John Buck, Robert Monckton, Hugh Bethell,
Robert Bierly, Charles Osborne, and the Wardens of Trinity-house at Hull
for the time being, and the Survivors and Survivor of them, and the
Executors and Administrators of such Survivor, Applied and Disposed unto
the Rebuilding, Repairing and Amending the said Port or Peer of
Bridlington alias Burlington; And there sha ll
from time to time be provided and kept by the said Arthur Lord Viscount
Irwin, Sir Griffith Boynton, Sir Charles Hotham, Sir William Strickland,
Sir William St Quintin, Sir Michael Wharton, Sir Matthew Peirson, Sir
William Hustler, Sir Richard Osbaldeston, Ralph Wharton, John Buck,
Robert Monckton, Hugh Bethell, Robert Bierly, Charles Osborne, and the
Wardens of Trinity-house at Hull for the time being, and the Survivors
and Survivor of them, and the Executors and Administrators of such
Survivor, or by their Deputy or Deputies in that behalf Appointed, one
or more Books, in which all Money to be Received by Virtue of this Act,
and all Payments and Disbursements out of the same, shall from time to
time be fairly Set Down and Entered, Expressing the Time When, and the
Name of the Person or Persons, from or to whom the same were so
Received, Paid or Disbursed, and for what Use or Purpose such Payment or
Disbursment was made; And that once in every Year the Justices of Peace
for the East-Riding of the County of York, at their General Quarter
Sessions for the said East-Riding, shall and may, if they see Cause,
Order the said Book or Books to be brought before them, and shall and
are hereby Impowered to Inspect the same, and Examine how the said
Duties have been Answered and Imployed, and upon any Misimployment of
the said Duties, or any Part thereof, or other Miscarriage, in any of
the Officers or Persons Intrusted or Imployed in the Collecting,
Receiving, Paying, Disbursing or Imploying any of the said Duties, to
make and give such Orders, Rules and Directions for the better
Management and
Disposing
of the said Duties for the Purpose aforesaid, according to the True
Intent and Meaning of this Act, as they shall think most Conducing to
that end; Which Orders, Rules and Directions, shall be Observed by all
Persons concerned in such Receipt, Payment or Management, upon such
Penalties, not exceeding One hundred Pounds, as shall be set by the said
Justices, to be Levied upon the Goods and Chattels of the Offenders, by
Warrant from the said Justices.
And
forasmuch as the Money to be Raised by the Duties aforesaid, will not of a
long time Raise such a Stock or Sum of Money as may be sufficient for the
Effecting the Ends and Purposes of this Act, Be it therefore Enacted, That
the said Arthur Lord Viscount Irwin, Sir Griffith Boynton, Sir Charles
Hotham, Sir William Strickland, Sir William St Quintin, Sir Michael Wharton,
Sir Matthew Peirson, Sir William Hustler, Sir Richard Osbaldeston, Ralph
Wharton, John Buck, Robert Monckton, Hugh Bethell, Robert Bierly, Charles
Osborne, and the Wardens of Trinity-house at Hull for the time being, or the
greater Number of them that shall be then Living, shall be, and hereby
Impowered by Indenture, under their Hands and Seals, to Convey and Assure
the Duties Granted by this Act, or any Part or Parts thereof, as a Security
for any Sum or Sums of Money by them to be Borrowed, for the Ends and
Purposes for this Act, to any Person or Persons, that shall or will Advance
any Sum or Sums of Money, upon such Security; All which Money so to be
Borrowed, shall be Imployed for and towards the Rebuilding, Repairing and
Amending the said Port or Peer of Bridlington, alias Burlington, according
to the True Intent and Meaning of this Act.
Provided
always and be it Enacted, That if any Action or Suit shall be Brought or
Commenced against any Person or Persons, for any Matter or Thing Committed,
Done or Executed by Virtue of this Act, or any Clause or Article herein
contained, That then and in every such Case, the Defendant or Defendants in
any such Action or Suit, may Plead the General Issue of Not Guilty, and give
this Act and the Special Matter in Evidence at any Tryal thereupon to be
had, and if a Verdict shall pass for the Defendant or Defendants in such
Action, or the Plaintiff or Plaintiffs shall be Nonsuit or Discontinue his
or their Action, after the Defendant or Defendants Appearance, such
Defendant or Defendants shall Recover Double Costs, to be Awarded by the
Court wherein such Action shall be brought, for his or their wrongful
Veration in this behalf.
And whereas King James the First, by his Letters Patents bearing Date
the Twentieth Day of September, in the Twenty first Year of his Reign, did
Give and Grant the Manour of Bridlington alias Burlington, in the County of
York, to John Earl of Holdernesse, his Heirs and Assigns for ever, under the
Rents and Covenants therein Reserved and Expressed, and the said John Earl
of Holdernesse for himself, his Heirs and Assigns, did Covenant and Grant,
that he and they from time to time, at their own Costs and Charges should
well and sufficiently Build, Repair and Uphold the Port or Peer of
Bridlington, alias Burlington, aforesaid, and all Walls, Jetteys, Sluces,
Sockers and Locks thereof, fore the Safe Custody, and better Preservation of
all Ships and other Vessels which should come to the said Port of Peer, and
that the King, His Heirs and Successors from thenceforth should be
Acquitted, Exonerated and Indempnified from all Expences and Costs thereon
to be Expended for ever, as by the said Letters Patents more at large may
appear: To the end therefore the said Port, Peer, Walls, Jetteys, Sluces,
Sockers and Locks may be the better Rebuilt, Repaired and Maintained for the
future, and that the Rents, Issues and Profits of the said Manor of
Bridlington alias Burlington may be so Applied, be it further Enacted by the
Authority aforesaid, That from and after the First Day of May, One thousand
six hundred ninety seven, the said Arthur Lord Viscount Irwin, Sir Griffith
Boynton, Sir Charles Hotham, Sir William Strickland, Sir William St Quintin,
Sir Michael Wharton, Sir Matthew Peirson, Sir William Hustler, Sir Richard
Osbaldeston, Ralph Wharton, John Buck, Robert Monckton, Hugh Bethell, Robert
Bierly, Charles Osborne,
Esquires,
and the Wardens of Trinity-house at Hull for the time being, or any Three or
more of them, shall have power from time to time, to Survey, Examine and
Inspect the sufficient Building and Repairs of the said Peers, Walls,
Jetteys, Sluces, Sockers and Locks, and the State and Condition of the same
to Certifie in Writing, under their hands, to the said Justices, at their
said General Quarter Sessions, who are hereby Impowered to Charge the
several Lands specified in the said Grant, with such Equal Sess or
Assessments from time to time, as they shall Judge sufficient and necessary
for Repair of the same; And in Default of Payment thereof, it shall be
Lawful for such Person or Persons as shall be Authorized and Appointed to
Receive the same, by Warrant under the Hands and Seals of any three or more
of such Justices of the Peace, at the said General Quarter Sessions, to
Distrain the Person or Persons so Refusing, by his or their Goods or
Chattels, and the Distress so taken to keep by the space of Four Days at the
Costs and Charges of the Owners therefore, and if the said Owners do not Pay
such respective Sess or Assessment within the space of Four Days, then the
Distress so taken to be Appraised by Two or more of the Inhabitants where
the said Distress is taken, and there to be Sold by the Person or Persons so
Impowered for the Payment of the said Sess or Assessment, and the Overplus
coming by the Sale (if any be) over and above the Charges of taking and
keeping the said Distress, to be immediately restored to the Owner thereof;
And the Persons so Authorized to Receive the said Sess or Assessment shall
give Security to be Accountable from the time to the said Justices at the
General Quarter Sessions, for the due Application of the same.
Typeset from the
original document by Mike Wilson on Sunday, 23rd October, 2005, for the
benefit of anyone interested in the history of Bridlington harbour.
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Mike
Wilson
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