Statutes of the Realm: Volume 6, 1685-94. Originally published by Great Britain Record Commission, s.l, 1819.
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Negligence of Officers in putting the Laws against Exportation of Wool, &c. in force, recited.; Wool carried to the Sea Coasts for Exportation, to be entered before carried to within Five Miles of the Coast.; Penalty.
WHEREAS through the Remisnes and Negligence of Officers and others in not putting the Laws in Execution against the Exportation of Wooll Woolfells Mortlings Shorlings Yarne made of Wooll Woolflocks Fullers Earth Fulling Clay and Tobacco Pipe Clay And alsoe by reason of the doubtfulnes of some Expressions in the Statute made in the twelfth yeare of the Raigne of King Charles the Second diverse great Quantities of Wooll and other the things above mentioned have beene exported out of the Kingdoms of England and Ireland into France and other parts beyond the Seas which if not prevented for the future will tend to the utter Ruine and Undoeing of many thousands of their Majesties Subjects and the great Diminution of the Trade of this Kingdome For preventing whereof and for the better explanation and execution of the Laws made against the said Exportation and for the preventing Frauds generally practised to avoid the Penalties therein mentioned Bee it enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authoritie of the same That all and every Owner of Wooll or their Agent or Agents that shall at any time carry or cause to be carryed any Wooll to any Port or place on the Sea Coasts with an intention to convey the same to any other Port or Place on the Sea Coasts within the Kingdome of England Dominion of Wales or from the Towne of Berwicke upon Tweede from whence the same may be shipped off or otherwise transported conveyed or carryed into Forreigne parts that the said Owner or Owners shall in the first place cause a due Entry to be made [of the said Wooll (fn. 1) ] at the Port from whence the same shall be soe intended to be conveyed containing the exact Weight Marks and Numbers of the same before he or they presume to load or carry away any of the said Wooll within five miles of any such Port or place on the Sea Coasts from whence the same is [soe (fn. 1) ] to be conveyed And if any Wooll shall be carrying towards the Sea without being first entred in manner aforesaid the Wooll soe found as alsoe the Horse or Horses Cart Waggon or other Beasts or Carriages conveying the same shall be forfeited and lost And the person or persons carrying driveing aiding or abetting the same shall suffer and forfeit in such manner as by the Laws and [Statuts (fn. 1) ] now in force against the Exportation of Wooll is provided.
II. Proviso for Persons carrying Wool from shearing.
Provided alwayes and it is hereby enacted and declared That the foregoeing Clause is not intended nor shall be construed to extend to the hindering any person or persons from carrying his or their Wooll from the place of Shearing the same on Horses or by Carts and Waggons to his or their owne Dwelling House or Houses or Out-houses thereunto belonging though the same be within five miles or lesse of the Sea soe as such person or persons within [ten (fn. 2) ] dayes after the Shearing of the said Wooll and before he or they remove or otherwise dispose of the same or any part thereof from the place where it was first carryed after Shearing doe under his or their Hands certifie to the Officers of the Customs in the next adjacent Port the true quantity of the said Wooll (that is to say) of the number of Fleeces and where the same is housed and that such person or persons doe not remove or otherwise dispose of the said Wooll to any other place without first certifying the Officer of such Port under his or their Hands of his intention to remove the same three dayes at least before such removeall And the Officer and Officers in the respective Ports and the Limitts of such Ports are hereby required to receive and keepe such Certificates and to make a Register of them But in case any such person or persons shall neglect to make and send such Certificate to the Officer or Officers of the next adjacent Port as aforesaid or shall remove or otherwise dispose of any of the said Wooll before such Certificate of his intention soe to doe be made and delivered as aforesaid such person or persons shall have noe benefitt by this Proviso but be lyable to the Penalties expressed in the foregoing Clause.
III. Cocket for Exportation, and Certificate of Landing again, how to be made.
And bee it further enacted by the authoritie aforesaid That all Cocquets for carrying Wooll from any Port within the Kingdome of England Dominion of Wales or from the Port of Berwicke upon Tweede shall be written upon Paper and not Parchment and signed by three of the chiefe Officers of such respective Port at least And all Certificates of Landing the same againe in any other of the said Ports or from the Kingdome of Ireland shall be signed in like manner and that all such Wooll both at Shipping and Landing shall be weighed in the presence of the said Officers giveing such Cocquets and Certificates respectively and that the exact Weight Marks and Numbers of such Wooll soe shipped and landed shall be likewise particularly expressed in both Cocquet and Certificate
IV. Officers misbehaving; Penalty. 12 Car. II. c: 32. 13 & 14 Car. II. c. 18.
And bee it further enacted [and declared (fn. 3) ] by the authoritie aforesaid That all and every such Officer and Officers as shall not observe the directions in this Act before mentioned on their parts to be performed shall be deemed and adjudged as Aiders and Abetters of the said Transportation and suffer the penalties contained in the Statutes made in the Twelfth and Fourteenth Yeares of King Charles the Second against Transportation of Wooll and other the things before mentioned
V. Ports of Import and Export from Ireland.
Bee it further enacted by the authoritie aforesaid That noe Wooll shall be shipped from the Kingdome of Ireland but from these Ports following (vizt) Dublin Waterford Youghall Kingsale Corke and Drogheda And that noe Wooll shall be imported from the Kingdome of Ireland into any Ports but these following (vizt) Liverpoole Chester Bristoll Minehead Barnestaple Bidiford and Exeter
VI. Commissioners to execute the Act.
And for the better and more effectuall Execution of this and other Acts made against Exportation of Wooll bee it further enacted by the authoritie aforesaid That the Right Honourable Sir Thomas Pilkington Lord Mayor of the City of London Sir Henry Goodrick Baronet Sir Patience Ward Knight Sir Mathew Andrews Knight Sir Benjamin Newland Knight Sir John Mathews Knight Sir Peter Rich Knight Sir Robert Dashwood Sir William Portman Knight and Baronet Sir Henry Ashurst Baronet Sir William Ashurst Knight Sir Richard Newdigate Sir John Fleete William Harbord John Summers John Sandford Foot Onslow John Pollexfen Richard Brett William Cranmore Edward Mountague Esquires Samuell Hasle William Hasle senior John Parish John Voyer John Gibbon Bernard Carter Gentlemen Mr Mountague of Horton Sir Thomas [Samnell (fn. 3) ] Baronet William Dugdale Esquire John Astley of Woley Esq[uire] Sir William Langham Sir John Poley Knight Sir Benjamine Ayloffe Baronet Sir Robert Jefferies Knight Sir John Lethuellier Knight Sir Gabriell Roberts Knight Sir Samuell Dashwood Knight Sir Thomas Vernon Knight Nathaniell Tench William Hussey Thomas Canham William Gore Hugh Strode Samuell Meverell John Smith Thomas Firmin Arthur Moore William Crouch Thomas Heatley Thomas Sandis William Jolly Esquires Paris Slaughter Henry Cornish John Devinck Richard Scott David Prole Thomas Crandall Phillip Bickly John Paris Richard Harrison John Bustfield John Haines Edward Bickly Nicholas Brokeing William Sandford Benjamine Ivy Daniell Ivy Andrew Jeffery Thomas Turner Peter Parr Henry Newcomb Joseph Pince Mathew Ferris William Spry John Keese Senior John Monckly Junior William Wraford John Youat Robert Foster John Lavington Thomas Potter Robert Burridge John Upcott John Smith John Mudford or any five of them be authorized for putting this and other the said Laws in Execution who are hereby impowered from time to time by their Agents or Substitutes to be deputed under the Hands and Seals of any five or more of them to seize all Wooll Woolfells and other the things above mentioned which shall be endeavoured to be transported contrary to this Act and alsoe to sue and prosecute all persons offending against this or any the said Laws any Law Custome or Usage to the contrary notwithstanding
VII. Owner of Ship, &c. discovering undue Exportation
Provided alwayes That if any Owner of any Shipp or Vessell or any Master or Marriner knowing of the Exportation of any Sheeps-wooll Woolfells Mortlings Shorlings Yarne made of Wooll Woolflocks Fullers Earth Fulling Clay or Tobacco Pipe Clay contrary to the true meaning of this and the other Acts above mentioned shall within three months next after the knowledge thereof or after his returne into the Kingdome of England or Ireland or to the said Towne of Berwicke or into the Dominion of Wales aforesaid give the first Information bona fide before any of the Barons for the time being of the Court of Exchequer in England or the Court of Exchequer in Ireland or before any three of the Commissioners appointed by this Act for the more effectuall putting in Execution this and other Laws made against the Exportation of Wooll or before the Head Officer of any Port where he shall first arrive upon his or their Oath of the Number and Quantity of such Sheeps Wooll [Woolfells (fn. 4) ] Mortlings Shorlings Yarne made of Wooll Wooll Flocks Fullers Earth Fulling Clay or Tobacco Pipe Clay soe carryed conveyed or exported as aforesaid and by whome 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 and Owners Master Marriner and Marriners shall not be lyable or subject to any the Penalties or Forfeitures in this or any other Act contained or enacted for the Offence aforesaid but shall and is hereby enabled to recover and recieve such benefitt and advantages as is appointed to be allowed by the precedent Act or Acts Provided neverthelesse That the Powers given to the said Commissioners shall not hinder any person or persons lawfully authorized from seizing Wooll or prosecuteing any person offending against this or any former Act made against the Transportation of Wooll and other the things abovementioned
VIII. On Action commenced.
And bee it further enacted by the authoritie aforesaid That if any Action Bill Plaint Suite or Information shall be commenced or prosecuted against any person for what he shall doe in pursuance of this Act such persons soe sued shall and may file a Common Baile or enter into a Common Appearance and plead the generall Issue Not Guilty And upon Issue joyned may give this Act in Evidence And if the Plaintiffe or Prosecutor shall become Nonsuite or suffer Discontinuance or if a Verdict passe against him or if upon a Demurrer Judgement passe against him the Defendant shall recover treble Costs and Damages for his Molestation
IX. A Register of Wool imported and sent coastwise.
And for the better Execution of the Powers granted by this Act Bee it enacted by the authoritie aforesaid That a Register be kept at the Custome House London of all the Wooll from time to time imported from Ireland and alsoe of what Wooll shall be sent from one Port to another in this Kingdome, the particular Weights and Numbers the Shipp, Masters Name Owners Name and to whome consigned To the end the said Commissioners appointed to putt this Act in Execution may have an inspection thereinto or Copies thereof from time to time This Act to continue for three yeares and from thence to the end of the next Session of Parlyament
X. Woollen Manufacture may be exported.
And for the better Encouragement of the Manufacture as well as the Growth of Wooll Bee it further enacted by the authority aforesaid That from henceforward it shall and may be lawfull to and for any person or persons whatsoever to buy any Cloath Stuffs Stockings or other Manufacture of Wooll made in the Kingdome of England Dominion of Wales or the Towne of Berwicke upon Tweede and the same freely without any Molestation or Trouble whatsoever to export into any parts beyond the Seas paying the usuall Customs
XI. Saving to the Companies of their Charters.
Provided That nothing contained in this Act shall be construed to avoid the Chartars and Grants made to the Levant Company to the Eastland Company to the Russia Company to the African Company or to the Priviledges granted to them or any of them
XII. Wool from Southampton may be exported to Guernsey, &c.
[Provided alsoe and it is hereby enacted by the authority aforesaid That it shall and may be lawfull to transport from the Port of Southampton onely for the onely use or behoofe of the Inhabitants of the Islands of Guernsey Jersey Alderney and Sarke and of the Woollen Manufactures there made one thousand Todds of unkembed Wooll for the Island of Guernsey two thousand Todds of unkembed Wooll for the Island of Jersey two hundred Todds of unkembed Wooll for the Island of Alderney and one hundred Todds of unkembed Wooll for the Island of Sarke more then by the said Act made in the Twelfth yeare of the Raigne of King Charles the Second is directed and provided for the same to be done according to the same Rules Orders and Directions and under the like Penalties and forfeitures as in the said Act is directed ordained appointed and inflicted and on the further penaltie of twenty pounds for every Todd of Wooll and forfeiture of the Wooll itselfe (one halfe thereof to his Majestie one quarter part thereof to the Informer and the other quarter part to the Poore of the said Islands) in case any person shall againe transport or attempt to transport any of the said Wooll from the said Islands for every Offence therein And alsoe that every person soe offending shall from and after the first Offence be incapeable of haveing or enjoying any Grant of any Wooll from the said Port of Southampton nor shall ever thereafter have any Warrant given or granted him for that purpose the said penalties to be recovered by such person as shall sue for the same by any Action of Debt Bill Plaint or Information wherein noe Essoigne Protection Priviledge Wager of Law Injunction or Order of Restraint is to be allowed or any more then one Imparlance.1]