Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reasons for passing this Act.
Exporting or Lading on board of Ship for Exportation, from 10th Feb. 1698 to 10th Feb. 1699, Wheat, &c; Exception, Forfeiture of Goods, and Penalty; and Ship, &c. forfeited. Master and Mariners of Ships offending; Imprisonment.
Whereas the Price of Corn at this time within the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed is become very great and (in some parts thereof excessive which tends to the Impoverishment of many [of (fn. 1) ] His Majesties good Subjects especially of poor Manufacturers and others of the meaner Condition And by reason that Corn in severall other parts of Europe is scarcer and dearer than in England it is likely that severall Persons for their private Advantage or Lucre will export or carry great Quantities of Corn from this Kingdom or the Dominion or Towne aforesaid to Forreigne Parts whereby the Price of Corn here will be further inhanced to the Detriment of His Majesties good Subjects and the Destruction of many of them if a timely Remedy in this behalfe be not provided Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That no Person or Persons whatsoever from and after the Tenth Day of February in the Yeare of our Lord One thousand six hundred ninety eight and before the Tenth Day of February which shall be in the Yeare of our Lord One thousand six hundred ninety nine shall directly or indirectly export transport carry or convey or cause or procure to be exported transported carried or conveyed out of or from the said Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed or any of them or load or lay on board or cause or procure to be laden or laid on board in any Ship or other Vessell or Boat in order to be exported or carried out of the Kingdom Dominion or Towne aforesaid to or for any Forreigne Parts or to or for the Kingdom of Scotland or load or putt or cause to be loaded or putt on any Horse or Cart or otherwise to be carried to the said Kingdom of Scotland any Wheat Rye Miscellany Barley or other Corn whatsoever or any Meal Malt Starch or Flower thereof or any Bread or Biscuit whatsoever (other than such as are especially allowed to be shipped or carried out by this Act) under the Pains and Forfeitures hereinafter mentioned (that is to say) That all the Corn Meal Flour Biscuit Malt Starch and Bread that shall be soe exported shipped or laid on board or loaded to be exported or carried out contrary to this Act shall be forfeited And that every Offender and Offenders therein shall forfeite the Sum of Twenty Shillings for every Bushell of Corn Malt Meal or Flower and Twelve Pence for every Pound Weight Troy of Bread Biscuit or Starch which shall be soe exported shipped or putt on board to be exported contrary to this Act And moreover the Ship or Vessell upon which such Corn Meal Flour Biskett Malt Starch or Bread shall be soe exported or shipped to be [soe (fn. 1) ] exported and all her Guns Tackle Apparell and Furniture shall be forfeited the One Moiety of all which Penalties and Forfeitures shall be to the Kings Majesty His Heires and Successors and the other Moiety to him or them who will sue for the same to be recovered by Action of Debt or of the Case Bill Suit Plaint or Information in any of His Majesties Courts of Record at Westminster or before the Justices of the Assize or of the Great Sessions in Wales or by Information at any Generall Quarter Sessions of the Peace for the County City Rideing or Place where the Offence shall be committed and in such Suite no Essoigne Protection or Wager of Law shall be allowed And that the Masters and Mariners of any such Ship or Vessell wherein any such Offence shall be committed knowing such Offence and wittingly and willingly aiding and assisting thereunto and being thereof duely convicted in any such Court of Record as aforesaid or at the Generall Quarter Sessions of the County City Rideing or Place where such Offence shall be committed or where they shall be apprehended or arrested for such Offence shall have Imprisonment by the space of Three Months without Bail or Mainprise
II. Commissioners and Officers of Customs, or Persons authorized by Treasury, may seize Corn, &c. unduly laden for Exportation, or for Scotland, and take the same to the King's Warehouse.
And be it further enacted by the Authority aforesaid That it shall and may be lawfull to or for any Person or Persons being a Commissioner or Commissioners Officer or Officers of His Majesties Customs or being lawfully authorized in this behalfe by the Commissioners of His Majesties Treasury or any three or more of them for the time being or by the Treasurer of the Exchequer for the time being to take and seize all such Corn Meale Flour Biscuit Malt Starch and Bread not allowed to be exported by this Act as he or they shall happen to soe find know or discover to be laid on board in any Ship or other Vessell or Boate at Sea or in any Port or in any navigable River or Water to the Intent or Purpose to be exported transported or conveyed out of the Kingdom or Dominion aforesaid or to be laden on any Horse Cart or other Carriage to the Intent or Purpose to be carried or conveyed into Scotland and to bring the same to the Kings Ware-House belonging to the Custom-House next the Place where such Seizure shall be made to be proceeded against and (in case of Recovery) to be divided according to this Act.
III. Proviso for Exportation of Corn, &c. for Sustenance of Crews and Passengers of Ships on Voyages.
Provided alwaies That this Act or any thing therein contained shall not extend to prohibit the Exportation or carrying out of such Corn Bread Meal Malt Starch Flour or Biskuit as shall be necessary to be carried in any Ship or other Vessell or Vessells in their Voyages from this Kingdom or the Dominion aforesaid or in their Returne to the same only for the Sustenance or Diet of the Commanders Masters Mariners Passengers or others in the same Ships and not to be sold in any Forreigne Parts or for the Victualling any of His Majesties Ships in any Forreigne Parts Any thing herein contained to the contrary notwithstanding
IV. Proviso for Exportation of Corn, &c. for Forts, &c. in Africa, Colonies in America, &c.; or for the Benefit of the English Fisheries in those Parts, upon Security by Exporter that such Corn, &c. shall not be unduly landed; No Fee for taking such Security
Provided alsoe That this Act or any thing therein contained shall not extend to any Corn Meal Malt Ground Malt Flour Starch or Biscuit which shall be exported or shipped to be exported out of or from any the Ports of this Kingdom or Dominion of Wales to the Forts Castles and Factories in Africa unto such of His Majesties Islands or Colonies in America that have usually been supplied with Corn or Meale or Starch from this Kingdom or from the Dominion of Wales aforesaid for the Sustentation of the Inhabitants of the said Islands or Colonies Forts Castles or Factories or for the Benefitt of the English Fishery in those Parts only soe as the Exporter doe before the shipping or laying on board the same declare the Island or Colony Islands or Colonies for which the said Corn or Meale or Starch is designed and doe become bound with other sufficient Security in Treble the Value to the Commissioners or Officers of His Majesties Customs respectively (who have hereby Power to take such Security in His Majesties Name and to His Majesties Use) that such Corn Meale or Flour or Starch shall not be landed or sold in any Parts whatsoever other than the Islands or Colonies for which the same shall be soe declared for the takeing of which Security no Fee or Reward shall be demanded or received Any thing herein contained to the contrary notwithstanding And the said Bond or Bonds if not prosecuted within Three Yeares shall be void.
V. Proviso for Exportation of Malt from Southampton to Jersey and Guernsey, on Security by Exporter for due Landing; No Fee for Security.; Malt exported between 10th Feb. 1698 and 10th Feb. 1699, not to exceed 4,000 Quarters
Provided alsoe That this Act or any thing therein contained shall not extend to any Malt to be transported out of or from the Port of Southampton only unto the Islands of Jersey and Guernsey or either of them for the only Use of the Inhabitants of those Islands soe as the Exporter before the lading of such Malt or laying the same on board doe become bound with other sufficient Security (which the Customer or Comptroller of the same Port hath hereby Power to take in His Majesties Name and to His Majesties Use and for which Security no Fee or Reward shall be given or taken) that such Malt shall be landed in the said Islands of Jersey and Guernsey or one of them the Danger of the Seas only excepted for the Use of the Inhabitants there and shall not be landed or sold in any other Parts whatsoever and soe as the whole Quantity of Malt which betweene the said Tenth Day of February One thousand six hundred ninety eight and the said Tenth Day of February One thousand six hundred ninety nine shall be shipped at the said Port for Jersey and Guernsey or either of them as aforesaid doe not exceed Four thousand Quarters Any thing herein contained to the contrary notwithstanding
VI. Proviso for carrying Corn, &c. Coastwise upon Sufferance, and Security for duly discharging the same, and returning a Certificate as required by Law.
And it is hereby provided and enacted by the Authority aforesaid That it shall and may be lawfull for any Person or Persons to ship or putt on board any Corn Meale Flour Bread Malt Starch or Biscuit to be carried Coastwise (that is to say) from any Port Creeke or Member of the Kingdom of England Dominion of Wales or the Towne of Berwick upon Tweed to any other Port Creeke or Member of the same having a Coast-Coquet or Sufferance for that purpose and sufficient Security being first given for the landing and discharging the same in some other Port Member or Creeke of the Kingdom Dominion or Towne aforesaid and returning a Certificate in Six Months as is required by Law in Cases where Goods are carried Coastwise and not otherwise Any thing herein contained to the contrary notwithstanding
VII. Proviso for carrying Corn, &c. in Boats, &c. upon navigable Rivers, to Market; and for the Custom of so taking the same without Cocquet, &c;
No Fee for Coast Cocquet, &c.
Provided alwaies and be it enacted That this Act or any thing therein contained shall not extend or be construed to hinder or obstruct any Person or Persons whatsoever in the Carriage of Corn Graine or Malt in any Boats or Vessells upon any Navigable River or Rivers to their Ordinary Marketts or any other Place or Places within the said River or Rivers within this Realme or the Dominion aforesaid soe as the same be not shipped or put on any Boat or Vessell in order to be shipped for Exportation And that in such Islands or Places within any of the Counties of England and Wales where the Inhabitants have usually carried by Water their Corn Graine or Malt to any Markett or Marketts within England or Wales without takeing forth any Coast-Cocquetts and thereupon giveing Bonds and returning Certificates as aforesaid such Inhabitants may lawfully carry by Water such their Corn Graine and Malt to such Marketts without being obliged by this Act or any thing herein contained to take forth any such Coast-Cocquetts or to give such Coast-Bonds or to returne Certificates thereupon as aforesaid And that for such Corn Graine and Malt of the Growth of the Isle of Wight as shall be carried from thence to any of the ordinary Marketts in the County of Southampton or Towne of Southampton and County of the same or of the County of Sussex in any open Boat the Officers of His Majesties Customs shall not demand or take any Fee or Reward whatsoever for the Coquett Coast-Bond or Certificate in that respect to be given
VIII. On Decrease of Price, the King may, by Proclamation, permit Exportation of Corn, &c. before 10th Feb. 1699.
Provided alwaies and be it enacted by the Authority aforesaid That in case His Majesty at any time or times before the said Tenth Day of February One thousand six hundred ninety nine shall find the Price of Corn to decrease in the Publick Marketts and for that reason (in His Royall Discretion) shall judge it to be most for the Benefitt and Advantage of this Kingdom to permitt the Exportation of Corn that then it shall be lawfull to and for His Majesty by His Royall Proclamation or Proclamations to be issued by and with the Advice of His Privy Councill from time to time to permitt and suffer all and every Person and Persons Natives and Forreigners (but not any particular Persons) at any time or times before the said Tenth Day of February One thousand six hundred ninety nine to export or carry out of the Kingdom of England Dominion of Wales and Towne of Berwick upon Tweed Wheat Barley Malt Rye Miscellany Oats and all other Corn and Graine or any Kinds and Quantities thereof as to His Majesty shall seeme meete and as in such Proclamation or Proclamations shall be publickly expressed and declared either to and for the Kingdom of Scotland and all other Forreigne Parts whatsoever or any of them Any thing herein or in any other Act or Acts of Parliament contained to the contrary notwithstanding.
IX. Commissioners of Customs to render Accounts to Parliament of Corn exported by Licence.
( (fn. 2) ) And be it further enacted by the Authority aforesaid That the Commissioners of the Customes for the time being shall and they are hereby required to give a full and true Accompt in Writing to both Houses of Parliament at the begining of the next Session thereof of all Corn and Graine of what Nature or Kind soever that shall before that time be exported to any Place whatsoever by virtue or in pursuance of any the Liberties or Powers hereby given or granted for that purpose.