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 great Quantities of Butter are exported; and what by Custom every Kilderkin, Firkin and Pot ought to weigh;
and that Complaints had been made of fraudulent Packing; and that bad Butter is mixed and packed; with good Butter and immoderate Quantities of Salt. What the Kilderkin is to contain, The Firkin, The Pot. Corrupt Butter not to be mixed or packed with sound Butter. Casks, &c. of Butter to be of one sort and goodness, great Salt. not to be used; Penalty.
FORASMUCH as Butter is one of the principal Comodities of the product of this Kingdome and is not only of an universal use and expence at home but very great quantities thereof are transported beyond the Seas And whereas by Custome time out of mind used every Kinderkin of Butter ought to [weight (fn. 1) ] One hundred thirty and two pounds gross at the least that is to say One hundred and twelve pounds of Neat Butter and the Cask Twenty pounds The Firkin of Butter ought to weigh Sixty and four pounds viz Fifty and six pounds of good and Merchantable Butter Neat and the Cask Eight pounds And the Pott of Butter ought to weigh Twenty pounds viz. Fourteen pounds of good and Merchantable Butter Neat and the Pott Six pounds And whereas great Complaint hath beene made by the Traders in Butter and Cheese That by the fraudulent dealing and practice of several Farmers Owners and Packers of Butter and by theire irregular manner of weighing with Stones Iron Wedges Bricks and other unwarrantable Weights the same quantities of Butter are not put up into the respective Cask and Pots aforesaid and the Kinderkin is co[m]monly made to weigh Six and Twenty pounds and sometimes Eight and twenty pounds and the Firkin to weigh Ten pounds or Twelve pounds and sometimes Thirteen or Fourteen pounds weight and the Pots.[are (fn. 2) ] made generally to weigh Seven pounds and some of them Eight pounds or Nine pounds weight and much bad and decayed Butter is mixed and packed up into Kinderkins Firkins and other Caske and Pots with sound and good Butter and immoderate quantities of Salt intermixed to the spoil of the same and to the great wrong and abuse of his Majesty in the Victualing of His Navy of Merchants in the Victualling of their Ships and of all Traders in the said Comodity and of all Householders who buy the same for theire expence and to the great dishonour of the English Nation in the parts beyond the Seas and to the bringing [of (fn. 2) ] the said Comodity into great disrepute abroad whereby it yeilds not that price nor is vented there in such quantities as otherwise it would For remedy whereof 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 That from and after the First day of June which shall be in the Yeare of our Lord One thousand six hundred sixty and two every Kinderkin of Butter do and shall containe One hundred and twelve pounds Neat or above every pound containing sixteen Ounces beside the Tare of the Caske and not lesse of good and merchantable Butter every Firkin of Butter do and shall containe Fifty six pounds Neat or above besides the weight of the Caske of good and merchantable Butter and every Pot of Butter do and shall contain fourteen pounds Neat or above besides the weight of the Pott of good and merchantable Butter And that no Butter which is old or corrupt shall be mixed or packed up into any Kinderkin Firkin or other Cask Vessel or Pot whatsoever with any Butter which is New and Sound nor any Whay Butter shall be packed or mixed with any Butter that is made of Cream but that the said respective sorts of Butter shall be packed up severally and a part by themselves and shall not be mixed one with another and that every Cask or Pott of Butter shall be of one sort and goodnes throughout such Caske and Pot and that no Butter shall be salted with any great Salt but that all Butter shall be salted and saved with small Salt nor more Salt shall be intermixed with it then shall bee needfull for its preservation upon pain and penalty that every Owner Farmer or Packer of Butter not putting up in each Kinderkin Firkin and Pot of Butter to be sold or to be exposed to sale respectively such quantities as aforesaid or offending in false packing as aforesaid for every such offence shall forfeit the value of all the Butter so false packed and for every offence where any Kinderkin Firkin or Pott shall be found to contain a lesser quantity of Butter then by this Act is appointed six times the value of every pound of Butter that shall be wanting in any such Cask or Pott.
II. Cheesemongers, &c. selling, to deliver Butter according to this Act;
or to make Satisfaction to the Party.
And to the intent that the benefitt intended by this Act may be extended with full effect to all persons who do either cut out Butter by a Retail or expend it Be it further enacted by the Authority aforesaid That every Cheese monger or other person whatsoever which shall sell to any person or persons any Kilderkin or Kilderkins Firkin or Firkins Pot or Pots or other Caske of Butter made after the said First day of June which shall be in the Yeare of our Lord One thousand six hundred sixty and two shall deliver in every such Kilderkin Firkin and other Cask and Pot respectively the full quantity and due quality appointed by this Act and not lesse or in default thereof shall be liable to make satisfaction to him or them that buy the same for what shall be wanting according to the price for which the same was sold
III. Cheesemongers, &c. repacking Butter for Sale;
And be it further enacted by the Authority aforesaid That from and after the [said (fn. 1) ] First day of June which shall be in the Yeare of our Lord One thousand six hundred sixty and two no Cheese monger or other person or persons whatsoever shall repack for sale any Butter in any Kinderkin Firkin or other Cask or Pott whatsoever upon pain and penalty that every Cheese monger or other person whatsoever which shall repack any Butter into any Kinderkin or Kinderkins Firkin or Firkins Cask or Casks Pot or Pots to sell the same again shall for every Firkin Cask or Pot so packed forfeit the su[m]m of Double the value of all such Butter.
IV. Farmers, &c. packing for Sale, to use good Casks, &c
and to mark upon Firkin, &c. the Weight of the empty Cask, and also his Name; Penalty.
And for the better discovery of all frauds and abuses which shall be committed against this Act Be it further enacted by the Authority aforesaid That every Farmer and other person and persons packing up Butter in Kinderkins Firkins or any other Cask whatsoever for sale do from and after the said First day of June which shall be in the Yeare of our Lord One thousand six hundred sixty and two pack up his Butter into good and sufficient Cask made of sound dry and well seasoned Timber and shall sett upon every Firkin and Cask whatsoever when the same is throughly and fully seasoned in water a continuing visible marke of the just Weight of the empty Caske and do likewise sett upon every Kinderkin Firkin and Cask when the same is filled with Butter the first Letter of his or theire Christian name and his or theire Sirname at length with an Iron brand upon pain and penalty that every Farmer or other person or persons whatsoever offending in not putting on the Mark of such Weight of Kinderkin Firkin or Cask after seasoning or not setting the first Letter of his or theire Christian name and his or theire Sirname at length on every Firkin and Cask as aforesaid shall for every such offence respectively forfeit the su[m]m of Ten shillings for every Hundred weight of Butter and so proportionably for a greater or a lesser quantity that shall be in every such Cask
V. Potters to set on Pot the Weight when it is burnt and his Name; Penalty.
Farmer, &c. exposing to Sale Butter packed in other Pots; Penalty. By whom Offences are to be inquired of. Penalties how to be disposed of.
And be it further enacted by the Authority aforesaid That every Potter shall sett upon every Pott which he shall sell for packing up of Butter the just weight which shall be of every such Pot when it is burnt together with the first Letter of his or theire Christian name and his or theire Sirname at length upon pain and penalty that every Potter which shall not so do shall forfeit and pay for every Pot which he shall expose to sale for the use aforesaid whereupon he shall not have first set the just Weight and the first Letter of his Christian name and his Sirname att length as aforesaid the sum of One shilling and that no Farmer or other person whatsoever shall expose to sale any Butter packed up in any other Pot then such as shall be marked by the Potter as aforesaid upon penalty of Two shillings for every Pot of Butter which he shall expose to sale as is not so marked all and every of which said offences are to be enquired of sued for heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such offence shall be committed by Action of Debt Indictment Information or Presentment wherein no Essoign Protection or Wager of Law shall be allowed to the Defendant and the one halfe of all such Forfeitures shall bee to the use of the poore people inhabiting within the Parish where such offence shall be from time to time committed to be paid to the Church wardens and Overseers of the Poore of and in such Parish and the other halfe to him or them that will sue for the same besides his double Costs thereby expended
VI. Limitation of Suits.
Provided that every Suit and Information which shall be brought upon this Act shall be commenced within four moneths after the sale of such Butter.