Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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1 W. & M. c. 32,; continued by 4 & 5 W. & M. c. 24. § 9,
further continued.; Exception.
Whereas several Laws have been made to prevent the Exportac[i]on of Wooll yet neverthelesse the said Exportac[i]on is still continued whereby dayly Mischiefs and Evils doe happen and a Correspondence with France is maintained to the great Prejudice of the Government and Discouragement of the Manufacture of this Kingdom. And whereas in the First yeare of the Reigne of King William and Queene Mary there passed an Act intituled An Act for the better preventing the Exportac[i]on of Wooll and incouraging the Woollen Manufactures of this Kingdom which Act was continued by an Act made in the Fourth and Fifth yeares of King William and Queen Mary intituled An Act for reviving continuing and explaining several Laws therein menc[i]oed which are expired and neare expiring and will now soon expire And whereas for preventing the said Mischiefs it is necessary the said Act should be continued Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual & Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That the said Act and every Clause Matter and Thing therein contained (except what is hereafter otherwise altered explained or repealed) shall continue and remaine in full Force as if the same were herein and hereby particularly recited and mentioned.
II. 14 Car. II. c. 18. § 1. repealed.
And whereas the Statute of the Thirteenth and Fourteenth of King Charles the Second made against the Exportac[i]on of Wooll among other things in the said Act mentioned doth enact the same to bee deemed Felony by the Severity of which Penalty the Prosecution of Offenders hath not been soe effectually put in Execuc[i]on Be it therefore enacted by the Authority aforesaid That soe much of the said Act which relates to the making the said Offence Felony be repealed and made void.
III. Importation of Wool from Ireland allowed from and to the Ports as herein mentioned.
And be it further enacted by the Authority aforesaid That for the better Incouragement of the Importation of Wooll from Ireland that it shall and may be lawfull for any Person or Persons whatsoever from the Place or Places in the said Act limited to import into England from Ireland any Quantity or Quantities of Wool to any the Ports hereafter mentioned (that is to say) Whitehaven in the County of Cumberland Leverpoole Chester Bristoll Bridgewater Minehead Barnestaple and Biddiford and to noe other Any thing in this Act to the contrary thereof in any wise notwithstanding.
IV. Commissioners, &c. of Customs in Ireland to transmit to Commissioners of Customs in England Accounts of Wool exported; from Ireland, and where and to whom consigned in England, &c.
And be it further enacted by the Authority aforesaid That the Co[m]missioners or Farmers of the Customs in the Kingdom of Ireland for the time being shall from time to time and att all times hereafter once every Six Months transmitt or cause to bee transmitted unto the Commissioners of His Majesties Customs in England a true Account of all such Wooll as shall bee from time to time exported from any of the Places within the said Kingdome of Ireland from whence the same may be exported the Quantity and Weight thereof and by whom and in what Ships exported and where consigned and the Names of the Persons signing the Certificates of the Landing the same in England and the Date of the said Certificates and where the same was landed as alsoe the Quantity and Weight contained in the said Certificates in order that the same may be compared with the Account by the said Act appointed to be kept by the Co[m]missioners of the Customs of this Kingdome.
V. How Certificates for landing Wool from Ireland, &c. are to be written, and what they are to contain.
And for preventing the Mischiefs of razing obliterating or interlining such Certificates as aforesaid Be it further enacted That all Certificates given for the landing of Wooll from Ireland or from one Port to another in England shall bee written upon Paper and not Parchment and that the Quantities therein expressed shall not be obliterated or interlined upon any Pretence whatsoever.
No Wool, &c. to be carried by Land to Scotland, or to the Sea Coast, but as herein mentioned; Penalty.; Ships exporting Wool; Penalty.; Penalty on Inhabitants of certain exempt Places, according to the Value of the Wool.
And whereas the several Inhabitants of the several Counties and Shires of this Realme next adjoyning to the Kingdome of Scotland and to the Sea Coasts doe reap great Profitt & Advantage by the carrying out of Wooll Wooll Fells Mortlings Shortlings Yarn made of Wooll Wooll Flocks Fullers Earth & Scouring Clay into the said Kingdome of Scotland and exporting of them into France and other Parts beyond the Seas to the great prejudice and decay of the Woollen Manufacture of this Realme Bee it further enacted by the Authority aforesaid That from and after the First day of May in the Yeare of our Lord One thousand six hundred ninety six no Wooll or any other of the Co[m]modities aforesaid shall be laid or loaden on any Horse or other Carriage whatsoever or shall bee carried or conveyed by Land to or from any Place or Places within the said Counties next adjoyning to the said Kingdome of Scotland or within Five Miles of the Sea [Cost (fn. 2) ] as aforesaid but between Sun riseing and Sun setting under the Penalty and Forfeiture of the said Co[m]modities and of the said Horses and other Cattle and Carriages imployed in carrying the same And that no Shipp or Vessell shall export or carry the same into any Part beyond the Seas under the Penalty and Forfeiture of the said Co[m]modities Shipp and Vessell and Treble the Value thereof with Treble Costs of Suit And the Inhabitants of the respective Hundred Port or Place exempt next adjoyning to the said Kingdom of Scotland or to the Sea Coasts out of or through which any Wooll or any other of the Co[m]modities aforesaid shall be so carried or exported shall forfeit Twenty Pounds if the said Wooll so carried out or exported shall bee under the Value of Ten Pounds but if it shall be of greater Value then Treble the Value thereof so exported or carried out of the said Kingdom as also Treble Costs of Suit all which said Forfeitures Penalties and Costs of Suit are to be recovered and received by him or them that shall sue for the same and to be prosecuted by any Action of Debt Bill Suit Plaint or Information against the Inhabitants of such Hundred Port or Place exempt out of or through which the said Wooll or other Comodities shall be exported in any of His Majesties Courts of Record att Westminster where noe Essoign Protection or Wager of Law shall bee allowed nor any more then one Imparlance.
VII. How Execution for Informer may be had, and Proceedings thereon by Quarter Sessions.
27 Eliz. c. 13.
And bee itt further enacted by the Authority aforesaid That the Execution for the Informer shall and may bee had against Two or more of the said Inhabitants And that after Execution had by Force of this Act it shall and may be lawfull (upon Complaint made by the Party or Parties so charged) to and for the Justices of the Peace of the same County or Place where any such Execution shall be had att their General Quarter Sessions to be held for the said County or Place to assesse and tax rateably and proportionably according to their Discretions all and every the Townes Parishes Villages and Hamletts in the said Hundred Port or Place exempt in the same Manner and Forme as any Hundred ought to bee charged in case of Robbery co[m]mitted for the Persons against whom Execuc[i]on shall bee had for the Person so robbed pursuant to an Act made in the Seaven and twentieth Yeare of Queen Elizabeth intituled An Act for the following of the Hue and Cry And that the Justices of the Peace of the said County or Place where such Fact shall be committed shall and are hereby impowered and required att their General Quarter Sessions to be held for the said County or Place to levy the Penalties hereby charged upon the said Inhabitants by an equal Assessment upon the said Inhabitants and reimburse such Person or Persons Inhabitants within the [said (fn. 3) ] Hundred Port or Place exempt adjacent to the Kingdom of Scotland or the Sea Coast from whence the said Wooll or other the said Co[m]modities shall be transported in the same manner as if there had been a Judgment att Law against the said Hundred Port or Place exempt.
VIII. Aiding Exportation of Wool, &c. Punishment and Penalty.
How recovered.; Notwithstanding Death, &c. of Clerk of the Peace, Action may be prosecuted.
And be it further enacted by the Authority aforesaid That all Persons who shall be aiding [abetting (fn. 4) ] or assisting in carrying or exporting any of the said Co[m]modities out of this Realme as aforesaid (being legally convicted thereof) shall suffer Three Yeares Imprisonment, without Bail or Mainprize and the Owner of the said Wooll or of any other of the Co[m]modities aforesaid and all and every Person or Persons who shall be aiding abetting or assisting in carrying or exporting of them or any of them out of this Kingdom shall answer and satisfie Treble the Value of all such Forfeitures and Penalties which such Inhabitants shall be so charged with and liable to as alsoe Treble Costs of Suit, which shall and may be recovered by Action of Debt Suit Bill Plaint or Information in any of His Majesties Courts of Record att Westminster wherein noe Essoigne Protection or Wager of Law shall bee allowed nor any more than one Imparlance by and in the Name of the Clerk of the Peace for the time being of or for every such County or Place without naming the Christian Name or Sirname of the said Clerk of the Peace which Treble Value and Treble Costs of Suit shall be to the onely use and behoofe of the said Inhabitants And that notwithstanding the Death or Removal of any such Clerk of the Peace after such Action of Debt Suit Bill Plaint or Information sued comenced or p[re]ferred the same shall be prosecuted and pursued to Judgment and Execution in such Manner and Forme to all Intents and Purposes as that Clerk of the Peace might have done which first co[m]menced or preferred the said Action of Debt Suit Bill Plaint or Information.
IX. In Actions, &c. Jury of Freeholders to be summoned out of other Counties.
The first Three Aiders being Informers exempted from Penalties, &c.
And for the better and more impartial Tryals of all such Actions and Informations which shall be co[m]menced or prosecuted by virtue of this Act be it enacted by the Authority aforesaid That such Actions and Informations shall be tryed in any of His Majesties Courts of Record by a Jury of good and lawfull Freeholders to bee su[m]moned out of any other County than that wherein the Fact shall bee co[m]mitted And to encourage Persons to discover the said Crime the first Three Persons who have been aiding abetting or assisting in carrying out or Exportation of Wooll or any other of the Co[m]modities as aforesaid that shall informe thereof any Justice of the Peace in either of the said several Counties aforesaid whereby the Punishment and Penalties appointed by this Act may be inflicted and recovered the Party or Parties so discovering (not being Owner or part Owners of the said Wooll or other Co[m]modities aforesaid) shall not suffer any of the said Penalties or Punishment.
X. In Actions for executing Act,
General Issue may be pleaded; Treble Costs.
Provided always and be it enacted by the Authority aforesaid That if any Action [or Suit2] shall bee brought and prosecuted by any Person or Persons against any Justice of Peace or other Person imployed by them or any of them in the Execuc[i]on of this Act for any Matter Cause or Thing by them or either of them done co[m]mitted or executed by virtue or reason of this Act or any Clause or Article therein contained That then and in every such Case the Action shall be [layd (fn. 5) ] in the proper County where the Fact was done and co[m]mitted and not elsewhere And the Defendant or Defendants may plead the General Issue and give the Special Matter in Evidence att the Tryal That the same was done in pursuance and by Authority of this Act And if upon Examination it shall so happen to be done the Jury shall find for the Defendant or Defendants And in such Case or if the Plaintiff shall be nonsuit or discontinue his Action after the Defendant or Defendants hath or have appeared the Defendant or Defendants shall have and recover their Treble Costs which hee or they shall sustaine or be put unto by reason of his or their wrongfull Vexation in Defence of the said Action or Suit And that every Action Suit Bill Plaint or Information by virtue of this Act shall bee commenced and prosecuted within One yeare after the Fact co[m]mitted.
XI. Persons entitled compounding for Penalties, any other Person may sue for the same.
Punishment on Compounder.; Continuance of Act.
Provided always That if any Person who is intituled to the Penalties and Forfeitures by this Act given shall compound with any Hundred Port or Place exempt hereby liable to pay the same for any lesser Su[m]m then what is hereby given That it shall att any time hereafter be lawfull for any other Person to sue for and recover the same in Manner and Forme as aforesaid as if no such Composition had been made and the Person so compounding shall for such his Offence suffer Five yeares Imprisonment without Bail or Mainprize And this Act to continue in force for Three yeares and from thence to the end of the next Session of Parliament.
XII. Admiralty empowered to appoint Ships to seize Vessels carrying Wool, &c.
( (fn. 6) ) And for the better preventing the Exportation of Wooll and Correspondence with France Be it further enacted by the Authority aforesaid That the Lord High Admiral of England or Co[m]missioners for executing the Office of Lord High Admiral for the time being shall from time to time direct and appoint One Shipp of the Fifth Rate & Two Shipps of the Sixth Rate and Foure Armed Sloops constantly to cruize from off the North-foreland to the Isle of Wight with Orders for taking and seizeing all Shipps Vessells or Boats which shall export any Wooll or carry or bring any prohibited Goods or any suspected Persons.