Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act.
FOR the better preventing and avoiding of such Losses and Inconveniencies as have happened and dayly doe and may happen to the Kingdome of England and Dominion of Wales and to the Kingdome of Ireland by and through the secret and subtile exportation and transportation, and by and through the secret and subtle carrying and conveying [away (fn. 1) ] of Wooll Woolfels Mortlings Sherlings Yarn made of Wooll Wooll flocks Fullers earth and Fulling Clay out of and from the [Kingdome (fn. 2) ] & Dominion aforesaid, and for the better setting on worke the poore people and inhabitants of the Kingdomes and Dominion aforesaid, And to the intent that the full and best use and benefit of the principall native Commodities of the same Kingdomes and Dominion may come redound and be unto and amongst the Subjects and Inhabitants of the same, and not unto or amongst the Subjects and Inhabitants of the Realme of Scotland, or of any Forraine Realmes or States as the same now of late in some great measure hath done and is further likely to doe if some severer punishment then heretofore be not speedily inflicted upon such Offenders as shall be Actors or Assistants in and to such exportation and transportation, and in and to such carrying and conveying away thereof as aforesaid Be it Enacted by the Kings most Excellent Majestie the Lords and Commons in this present Parliament assembled and by the Authoritie of the same That noe person or persons whatsoever from and after the fowerteenth day of January, One thousand six hundred and threescore shall directly or indirectly export transport carry or convey or cause or procure to be exported transported carryed or conveyed out of or from the Kingdome of England or Dominion of Wales or Towne of Berwicke upon Tweede, or out of or from the Isles of Jersey or Guernsey with Sarke and Alderney being under the Government of Guernsey aforesaid or out of or from any of them, or out of or from the Kingdome of Ireland aforesaid into any parts or places out of the Kingdomes Isles or Dominion aforesaid any Sheepe or Wooll whatsoever of the breed or growth of the [Kingdome (fn. 3) ] of England or Ireland or Isles or Dominion aforesaid, or any Woollfells Mortlings or Shorlings or any Yarne made of Wooll or any Woollflocks or any Fullers Earth or [any (fn. 4) ] Fulling Clay whatseever, nor shall directly or indirectly packe or loade or cause to be packed or loaden upon any Horse Cart or other Carriage or Loade or lay on board or cause to be loaden or laid on board in any shipp or other vessell in any place or Port within the Kingdomes of England or Ireland or Towne of Berwicke or Isles or Dominion aforesaid any such sheep wooll Woollfells Mortlings Shorlings Yarne made of wooll or Wooll flocks or any Fullers Earth or Fullers Clay to the intent or purpose to export transport carry or convey the same or to cause ye same to be [exported (fn. 5) ] transported carried or conveyed out of ye Kingdomes of England or Ireland Towne of Berwick ( (fn. 6) ) or Dominion afores[ai]d or with intent or purpose that any other p[er]son or p[er]sons should so export transport carry or convey the same into parts or places out of the Kingdomes of England and Ireland Towne of Berwicke Isles or Dominion aforesaid into the Kingdome of Scotland or any forraigne parts,
II. No Wool, Woolfels, &c. after the 14th Jan. 1660, to be carried to Jersey, &c.
And be it further Enacted by the Authoritie aforesaid That noe wooll Woollfells Mortlings Shorlings Yarne made of wooll woolflocks or any Fullers earth or Fulling clay shall be from and after the fowerteenth day of January in the yeare of our Lord One thousand six hundred and threescore exported transported carryed or conveyed out of the Kingdome of England and Dominion of Wales or Towne of Berwicke [and (fn. 7) ] Kingdome of Ireland or out of any Port or place of the said Kingdomes respectively unto the Isles of Jersey or Guernsey or to Sarke or Alderney except as in this Act shall be hereafter limitted or appointed
III. Penalties by Exporters;
And be it further enacted by the authoritie aforesaid [That all and every the Offender and Offenders offence and offences aforesaid shall be subject and lieable to the [respective (fn. 5) ] paines penaltyes and forfeitures hereafter following That is to say The said sheepe [wools (fn. 5) ] woolfells Mortlings Shorlings Yarne made of wooll woolflocks Fullers earth and fulling clay soe exported transported carryed conveyed packed or loaden contrary to the true intent of this Act shall be forfeited and that every offender and offenders therein shall forfeit twenty shillings for every such sheepe and three shillings for every pound weight of such wooll woolfells Mortlings Shorlings Yarne made of wooll woolflocks Fullers earth or Fulling Clay, And alsoe the owners of the said Shipps or Vessells knowing such offence shall forfeit all their Interest in the said Shipps or Vessells with all their Apparell and Furniture to them and every of them belonging, And that the Master and Marriners thereof knowing such offence and wittingly and willingly aiding and assisting thereunto shall forfeite all their Goods and Chattels and have imprisonment for the space of three moneths without Baile or Maineprize, the one moyety of which said penaltyes and forfeitures shall be to the Kings Majestie His Heires and Successors, and the other moyety to him that will sue for the same by Action of Debt Bill Plaint or Information in any of His Majestyes Courts of Record or before the Justices of Assize or in the Generall Quarter Sessions of the Peace In which Suite noe Essoyne Protection or wager of Law shall be allowed,
IV. Merchant exporting Wools, &c.
And be it further Enacted That if any Merchant or other person or persons shall after the said fowerteenth day of January transport or cause to be transported any Sheepe [Wooll (fn. 5) ] Woolfells Mortlings Shorlings Woollen yarne Woolflocks Fullers earth or Fulling Clay contrary to the true intent of this Act and be thereof lawfully convicted That then he shall be disabled to require any debt or accompt of any Factor or others for or concerning any Debt or Estate properly belonging to such offender
V. This Act not to take away greater penalties.
Provided alwayes and it is neverthelesse declared That this Act or any thing therein contained shall not be construed to take away any greater paines or penaltyes inflicted or to be inflicted for any the offences aforesaid by vertue of any former Act of Parliament now in force. (fn. 8) ]
VI. Offences against this Act where to be tried.
And be it [alsoe (fn. 5) ] further enacted by the authoritie aforesaid that every offence that shall be done or committed contrary to this Act shall and may be enquired of and heard examined tryed and determined in the County where such Sheep Wooll Woolfells Mortlings Shorlings Yarne made of Wooll Woolflocks Fullers earth or Fulling Clay respectively shall be soe packed loaden or laid aboard as aforesaid contrary to this Act or else in the County where such offenders shall happen to be apprehended or arrested for such offence in such manner and forme and to such effect to all intents and purposes as if the same offence had beene wholly and altogether done and committed at and in such County,
VII. Limitation of Prosecution.
Provided alwayes and be it Enacted by the Authoritie aforesaid That noe person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid unlesse such person or persons shall be prosecuted within the space of one yeare next ensueing such offence committed.
VIII. Any Person may seize Goods loaded contrary to this Act with Intent to be exported, and to have the Moiety thereof.
And be it further Enacted by the Authoritie aforesaid That it shall and may be lawfull to and for any person or persons to seize take and challenge to his or their owne use and behoofe, and to the use of the King His Heires and Successors all and all manner such Sheep Wooll Woolfells [Mortlings Shorlings Yarn made of Wooll Woolflocks (fn. 9) ] Fullers earth and Fulling Clay as he or they shall happen to see finde know or discover to be laid aboard in any Shipp or other Vessell or Boate or to be brought carryed or laid on shore at or neare the Sea or any Navigable River or Water to the intent or purpose to be exported transported or conveyed out of the Kingdomes of England or Ireland Towne of Berwicke Isles or Dominion aforesaid contrary to the true meaning of this Act or to be packed or loaden upon any Horse Cart or other Carriage to the intent or purpose to be conveyed or carried into the Kingdome of Scotland aforesaid, and that such person or persons as shall happen soe to seize take or challenge any such Sheepe [Wooll (fn. 9) ] Woolfells Mortlings Shorlings Yarne made of Wooll Woolflocks Fullers Earth or Fulling Clay as aforesaid shall have the full moyety thereof to all intents and purposes.
IX. Person seizing not to be Evidence against the Offender.
Provided alwayes That such person or persons as shall make any such Seizure or challenge as aforesaid to his or their owne use shall not be admitted or allowed to give in Evidence upon his or their Oath or Oathes against any person or persons which shall happen to be indicted accused or questioned by vertue of this Act or any thing therein contained
X. Ships of Aliens or Persons not inhabiting in England, exporting Sheep, &c. forfeited.
And furthermore be it enacted by the authoritie aforesaid That all and every Ship Vessell Hulke Barge or Boate of what kinde soever whereof any Alien borne or whereof any naturall borne Subjects not inhabiting within the Realme of England shall be owner or part owner and wherein any Sheepe Wooll Woolfells Mortlings Shorlings Yarne made of Wooll Woolflocks Fullers Earth or Fulling Clay shall happen to be shipped [put (fn. 9) ] or laid aboard contrary to the true meaning of this Act shall be forfeited to the Kings Majestie his Heires and Successors.
XI. Proviso for drest Lambskins.
XII. Proviso for Pelts or Beds stuffed with Flocks used in Ships.
Provided alsoe That this Act shall not in any wise extend to the transporting carrying or conveying away of any such Woolfells or Pelts with such Wooll upon them or to any Beds stuffed with Flocks which shall be carryed or imployed in any Ship or other vessell for necessary use onely of & about the Ordnance or other thing in or concerning such Ship or Vessell, or onely for the necessary use of any the Persons in such Ship or Vessell passing or being and which shall not be sold or uttered in any forraigne parts out of the Kingdomes of England or Ireland or Towne of Berwicke Isles or Dominion aforesaid, nor to the exporting transporting carrying or conveying of any Weather sheep or of the Wooll growing upon any such Weather sheep to be carried alive in any Shipp or other Vessell for and towards the onely necessary food or dyet of or for the Company or passengers or other persons therein and for and towards none other purpose
XIII. Proviso for Wool exported from Southampton to Jersey, Guernsey, &c.
Provided alwayes and be it further Enacted That this Act or any thing therein contained shall not extend to any such wooll to be exported or transported out [of (fn. 9) ] or from the Port of Southampton onely [un (fn. 9) ] to the aforesaid Isles of Jersey and Guernsey by or for the onely use or behoofe of any the Inhabitants of the said Isles of Jersey & Guernzey or either of them or to any such wooll to be shipped or loaden aboard in any shipp or other vessell by or for the onely use or behoofe of any the Inhabitants of the said Isles of Jersey or Guernsey or either of them in the Port aforesaid to be exported and transported into the said Isles of Jersey or Guernzey or either of them soe as such person and persons that shall soe shipp or lay aboard such wooll into any ship or other vessell doe before the shipping or laying aboard such wooll deliver unto the Customer Comptroller surveyour or searcher of the Port of Southampton aforesaid (out of which the same wooll is to be exported) a writing under the Seale or Seales of the respective Governours of the same Isles of Jersey and Guernsey unto which the said wooll is to be transported, or of his or their Deputy or Deputyes respectively, the which writing shall purport and expresse that the party named in such writeing is authorized and appointed to export or to cause to be exported out of the Port aforesaid soe much wooll expressing the number of the Tods to the same Isle to be used or manufactured in one of the same Isles or in some of the members or parts of the same, and that such party soe authorized and appointed to export or cause to be exported that wooll hath before the makeing and sealing of that writeing entered sufficient Bond to his Majestyes use for the landing of the said wooll in that Isle, And to the intent that the quantity of wooll to be exported out of the Port of Southampton aforesaid into the said Isles or either of them in any one yeare accompting the yeare to begin from the first day of January next ensueing, and soe yearely from the first day of January may not exceed the quantity hereunder specified that is to say unto the Isle of Jersey Two thousand Tods and noe more of unkeamed wool, and unto Guernzey one thousand Tods and noe more of unkeamed wooll, and unto Alderney two hundred Tods and noe more of unkeamed wooll, and unto Sarke one hundred Tods of unkeamed wooll and noe more every Tod not exceeding thirty two pounds.
XIV. Quantity of Wool for which Governor of Jersey to grant Certificate.
The like Provision as to Guernsey.; Officer at the Port of Southampton to keep an Account of Wool laden there; Penalty.; Governors granting Licences for greater Quantities than before mentioned; Penalty.
And be it Enacted by the authoritie aforesaid That the Governour of the said Isle of Jersey or his Deputie for whom he will answere shall not make to any person or persons any writeing or writeings such as is above specified to authorize or appoint such person or persons as aforesaid to fetch export or transport out of the Port of Southampton aforesaid unto the said Isle of Jersey in one yeare accompting the yeare from the first day of January One thousand six hundred and sixty aforesaid, any greater quantity of wooll then two thousand Tods in any one yeare, and that the Governour of the said Isle of Guernzey or his Deputy for whom he will answere shall not make to any person or persons any writeing or writeings such as is above specified to authorize and appoint such person or persons as aforesaid to fetch export or transport out of the Port above specified unto the said Isles of Guernzey with Alderny and Sarke in any one yeare accompting the yeare from the first day of January aforesaid any greater quantity of Wooll then one thousand Tods for Guernzey, Two hundred Tods for Alderny and One hundred Tods for Sarke in any one yeare, And that the Customer of the Port of Southampton aforesaid shall keepe a true accompt of all the said quantity of Wooll soe by him permitted to be loaden by vertue of this Act, and shall not permitt any greater quantitye of Woolls to-be loaden then by this Act is prescribed in any one yeare to either of the said Islands respectively under any pretence whatsoever upon the penalty of the forfeiture of his place, and of the summe of One hundred pounds in money one moyetie whereof to the Kings Majestie his Heires and Successors, and the other moyety to him or them that will sue for the same in any Court of Record wherein noe Essoyne Protection or wager of Law shall be allowed. And if any of the Governours aforesaid or any their or either of their Deputy or Deputyes of the said Isles or [of (fn. 10) ] either of them shall give grant or make any Licence, or Licences for exporting from Southampton aforesaid into the said Isles respectively [of (fn. 10) ] any greater quantity of such Wooll then is [before (fn. 10) ] by the true meaning of this Act limited and appointed in that behalfe That then the respective Governor or Governors of such of the said Isles shall forfeit and pay to the Kings Majesty his Heires or Successors the summe of Twenty pounds of lawfull money of England for every Todd of Wooll which shall be soe licensed to be exported over and above the rate or proportion of Wooll in and by this Act, or the true meaning thereof limited or appointed,
XV. Fee to Governors, &c. for granting Licence.
And be it further Enacted by the Authority aforesaid That the respective Governours aforesaid or their respective Deputyes, or any their Clerks Officers or Servants for the granting makeing or sealeing of every such writeing of Licence as is abovesaid and for the entering a Remembrance of the same into some Booke which they shall have and keepe for that purpose may have and take the summe of twelve pence and noe more upon paine of forfeiting to the party grieved the summe of Five shillings for every penny which shall be taken over and above the said summe of twelve pence in and by this Act allowed to be taken, and soe after that proportion the said penalty or forfeiture for the takeing above twelve pence as aforesaid to be recovered by Bill, Plaint, or Information in any Court of Record at Westminster or elsewhere wherein noe Injunction Protection Priviledge Essoyne or Wager of Law shall be admitted or allowed.