Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
Recital that Sheep Wool, &c. have been exported contrary to Law, and that great Mischief has arisen therefrom.
Exporting Sheep, Wool, Woolfells, &c. Fullers Earth, &c. or loading for Exportation.; Felony.
WHEREAS against the Lawes of this Kingdome great number of Sheep and great quantities of Wooll Woolfels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay are secretly exported transported carried and conveyed out of the Kingdome of England Dominion of Wales the Towne of Berwicke upon Tweed and Kingdome of Ireland into the Kingdom of Scotland and into Forreigne parts to the great decay of the Woollen Manufactures the ruine of many Families and the destruction of the Navigation and Commerce of the Kingdoms Town and Dominion aforesaid which is like dayly to encrease if some further remedy be not provided and further penalties imposed upon the Offenders therein. Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporall and Commons in this present Parliament assembled and by the Authority of the same That if any person or persons shall from and after the First day of August One thousand six hundred sixty and two directly or indirectly export transport carry or convey or shall cause to be exported transported carried or conveyed out of or from the Kingdome of England Dominion of Wales or Town of Berwick upon Tweed or after the First day of January One thousand six hundred sixty and two out of the Kingdome of Ireland into any parts or places out of the Kingdomes or Dominion aforesaid or into the Kingdome of Scotland any Sheepe or Wool whatsoever of the breed or growth of the Kingdomes or Dominion aforesaid or any Woolfells Mortlings Shorlings Yarn made of Wool Wool flocks or any Fullers Earth or Fulling Clay whatsoever or shall directly or indirectly pack or load or cause to be packed or loaden upon any Horse Cart or other Carriage or shall load or lay on board or cause to be loaden or laid on board in any Ship or other Vessel in any place within the Kingdomes of England or Ireland Dominion of Wales or Towne of Berwick upon Tweed aforesaid any such Sheep Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay to the intent or purpose to export transport carry or convey the same or to cause the same to bee exported transported carryed or conveyed out of the Kingdomes of England or Ireland the Dominion of Wales or Town of Berwicke upon Tweed aforesaid into the Kingdome of Scotland or into any Forreign parts that then every such Offence shall be adjudged Felony and the Offender or Offenders being duly convicted shall suffer and forfeit as in case of Felony
II. Owners and Masters, &c. of Ships, Horses, &c. employed in such Exportation, and knowing thereof, and assisting;
and all Factors, Servants, Custom house Officers, &c. assisting; Felony.
And be it further enacted by the Authority aforesaid That every owner of any such Ship or other Vessell and every owner of every Horse Cart or Carriage upon which any Sheepe Wool Woolfels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall be so exported transported carryed or conveyed as aforesaid or to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly ayding assisting or consenting thereunto and alsoe every Master and Mariner of or in such Shipp or other Vessell wherein any such Sheep Wool Woolfels Mortlings Shorlings Yarn made of Wool Woolflocks Fullers Earth or Fulling Clay shall be so exported transported carryed or conveyed or loaden or laid on board as aforesaid to any such intent or purpose as aforesaid knowing thereof and being wittingly and willingly aiding assisting or consenting thereunto and alsoe every Factor or Servant or other person whatsoever and every Customer Comptroller Waiter Searcher Surveyor or other Officer or Person whatsoever knowing thereof and being wittingly or willingly aiding assisting or consenting thereunto shall be and shall be adjudged and taken to be a Felon and every Offender or Offenders therein being duly convicted shall suffer and forfeit as in case of Felony
III. Offences to be inquired of in the County where Sheep Wool, &c. laden for Exportation, or where Offender shall be arrested.
And be it further enacted by the Authority aforesaid That every offence which shall be done or committed contrary to this Act shall and may be enquired of and heard examined tried and determined in the County where such Sheepe Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth or Fulling Clay respectively shall be so packed loaden or laid on board as aforesaid or else in the County where such Offender shall happen to [be (fn. 1) ] apprehended or arrested for such offence in such manner and form and to such effect to all intents and purposes as if the same offence had beene wholly done and committed in the same County
IV. Peers offending to be tried by their Peers.
Provided alsoe that every Baron and other Peer of this Realm which shall be indicted or accused as principall or accessary in or to any offence made Felony by this Act shall have his her or theire Tryal by his her or theire Peeres as in cases of Felony att Common Law
V. Limitation of Prosecution.
Provided alwaies and be it enacted by the Authority aforesaid That no person or persons whatsoever shall att any time hereafter be impeached for any offence made Felony by this Act unlesse such person or persons shall be thereof indicted within the space of one yeare next ensuing such offence committed
VI. Recital that Wools, &c. are packed with Screws and other unlawful Engines, and then laden on board Ship as other Goods;
and also laid at or near the Sea Coast, &c. and laden by Night on foreign Ships Persons so packing Wool, &c. or laying it near the Sea Coast, &c. with intent to export; Wool, &c. forfeited.
And for as much as great quantities of Wooll Woollen Yarn and Woolflocks are close packed and pressed togeather with Scrues and other unlawfull Engines into Butts Pipes Hogsheads Chests and other Cask and Vessells and into Sacks Baggs and other Wrappers made of Wool or Linnen and under colour of Bales Sacks Baggs Packs and Cask of other Goods and otherwise great quantities of the same are daily loaden on board of Ships or other Vessels and soe are carryed conveyed exported and transported out of the Kingdomes Town of Berwick and Dominion aforesaid and alsoe great quantities are daily carried and laid at or neere the Coasts of the Sea or some navigable Rivers into Storehouses and Barnes and by night are laid on board of Shallops and other Vessells belonging to Aliens and so carried and exported out of the Kingdomes Town of Berwick and Dominion aforesaid Be it therefore enacted by the Authority aforesaid That from and after the said First day of August no person or persons shall presse together with any Scrues Presses or other Engines into any Sacke Pack Bagg or other Wrapper or shall put presse pack or stean any Wooll whatsoever or any Yarn made of Wooll into any Butt Pipe Hogshead Chest or any other Cask or Vessell upon any pretence whatsoever or shall carry or lay or cause to be carried or laid at or neare the Shoar or Coasts of the Sea or of any navigable River or into any House or Place near adjoyning thereunto any such Wooll Woolflocks or Yarn made of Wooll with intention to export transport carry or convey the same out of the Kingdomes of England or Ireland Town of Berwick upon Twede or Dominion of Wales into the Kingdom of Scotland or into any foreign parts under the penalty of the losse and forfeiture of all such Wooll Woolflocks and Yarn made of Wooll as shall be so packed or pressed or put or laid into Cask or carried or laid near to the Sea shoar or to any navigable River as aforesaid or the value thereof
VII. Exporting Tobacco Pipe Clay;
Penalty 3s. per Pound.
And whereas great quantities of Fullers Earth or Fulling Clay is dayly carried and exported under the colour of Tobacco pipe Clay Be it therefore enacted by the Authority aforesaid That no Tobacco pipe Clay shall from and after the First day of August One thousand six hundred sixty and two be exported transported carried or conveyed out of or from the Kingdome of England Town of Berwick upon Twede or [after the First day of January One thousand six hundred sixty and two out of or from the Kingdome of (fn. 2) ] Ireland or the Dominion of Wales into the Kingdome of Scotland or into any forreign parts or into any port or place out of the Kingdomes or Dominion aforesaid under the penalty of three shillings for every pound of Tobacco pipe Clay which shall be exported or transported contrary to this Act.
VIII. Packs of Wool not to be put into Carts, &c. or carried by Land, but in the Day-time,
at the Hours herein mentioned, on Forfeiture of the said Goods.
And be it further enacted by the Authority aforesaid That from and after the First day of August One thousand six hundred sixty and two no Packs Sacks Bags or Caske of any Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth Fulling Clay or Tobacco pipe Clay shall be laid or loaden on any Horse Cart or other Carriage whatsoever or shall be carried or conveyed by land to or from any place or places within the Kingdom of England Town of Berwick or Dominion aforesaid nor after the First day of January One thousand six hundred sixty two in the Kingdome of Ireland but in the day time and att seasonable houres (that is to say) from and after the First day of March to the Nine & twentieth day of September yearely between the houres of Foure of the Clock in the Morning and Eight of the Clock in the Evening and from the Nine and twentieth day of September to the first day of March yearly between the houres of Seven of the Clocke in the Morning and Five of the Clock in the Evening under the penalty of the losse and forfeiture of all such Goods or the value thereof the one moiety of all which forfeitures mentioned in this Act to be to the use of the King His Heires and Successors and the other moyetie to him or them that will sue for the same by Action of Debt Bill Plaint or Information in any Court of Record in which no Essoign Protection or Wager of Law shall be admitted or allowed
IX. Proviso for the Penalties imposed, and also for the shipping Wether Sheep, &c. under 12 Car. II. c. 32.
Provided neverthelesse That this Act or any thing therein contained shall not extend or be construed to extend to repeal disanul and make void any the Penalties Clauses or Provisoes mentioned in one Act of this present Session of Parliament made against the Transportation of Wooll Woolfels Fullers Earth or any kind of Scouring Earth or to the prohibiting of the loading on board of any Ship or Vessel of any Weather Sheep Wooll Woolflocks or other Goods menc[i]oned in this Act that by the aforesaid Act is permitted to be loaden on board of any Ship or Vessel for the necessary use or provision of such Ship or Vessel as aforesaid Any thing in this Act contained to the contrary in any wise notwithstanding
X. Owners and Mariners of Ships exporting Wool, &c. within Three Months after knowing thereof, giving Information to the Court of Exchequer,
on Oath of the Particulars of the said Goods; such Owners, &c. not punishable for Felony, but remain subject to Penalties.; Exportation a common Nuisance.
Provided alwaies That if any Owner of any Ship or Vessel or any Master or Mariner knowing of such Transportation of such Sheep Wooll Woolfels Mortlings Shorlings Yarn made of Wooll Woolflocks Fullers Earth Fulling Clay or Tobacco pipe Clay shall within three monthes next after the knowledge thereof or after his returne into the Kingdom of England or Ireland or into the said Town of Berwick or Dominion of Wales aforesaid give the first information bona fide before any of the Barons of either of the Courts of the Exchequer in England or Ireland for the time being or before the Head Officer of any Port where he shall first arrive upon his or theire Oath of the number and quantity of the Goods mentioned in this Act so carried conveyed & transported and by whom where and in what Shipp or Vessell and afterwards shall be ready upon reasonable warning by Processe to justifie and prove the same that then such Owner or Owners Master Mariner and Mariners shall not be punished for Felony by vertue of this Act but shall neverthelesse be subject to all other penalties and forfeitures in this or any other Act contained for the Offence aforesaid and all such Exportation Transportation carrying or conveying of any the Goods Wares or Comodities in this Act mentioned is hereby declared and adjudged to be a common and publicke Nusance
XI. Justices of Assize, &c. to inquire in Quarter Sessions as to all the Offences, and Mayors, &c. as to those not made Felony.
And for the better execution of this Act be it further enacted That all Justices of Assize Justices of Goal Delivery and Justices of Peace shall enquire of all the premisses in theire General Quarter Sessions and heare and determine the same and that all Maiors Bayliffs and other Head Officers of Cities Burroughs and Towns not having Jurisdiction to try Felony shall enquire of all and every Offence within this Act not made Felony and heare and determine the same.