January, 1648.
[19 January, 1647/8.]
None may lade to transport wool, woollenvarn, woollen-flox, wool-fels, Fullers or other earth or clay which may be used in fulling.; Forfeiture by the Owner.; Masters and Mariners to be imprisoned.
Be it ordained by the Lords and Commons, That it shall not
be lawful for any person or persons to lade, ship, or carry in any
Ship, Barge, Boat, or other Vessel, or otherwise, any Wool of the
growth of the Kingdomes of England or Ireland, or Dominion of
Wales, or any Woollen-yarn, Woollen-flox, Wool-fell, Fullers-earth,
Clay, Tobaccopipe-clay, or any other Earth or Clay which may be
used in the Art of Fulling, of intent to transport or carry the same
into any place or places of the parts beyond the Seas, or into the
Realm of Scotland by Land or by Sea, or to carry the same to
any Ship, or other Vessel whatsoever, to be transported, upon the
Pains and Forfeitures hereafter ensuing: That is to say, Upon
the Pain of the Forfeiture of the said Wools, Woollen-yarn,
Woollen-flox, Wool-fell, and Earth or Clay so laden, shipped,
carried, or transported; and Three shillings for every pound of
such Wool, Yarn, Flox, and Earth or Clay; And for every pound
weight of the said Earth or Clay, Three shillings, to be forfeited
by the Owner or Owners thereof; and also the Owner of the said
Ships or Vessels, knowing of such offence, to forfeit all their
Interest in the said Ships or Vessels, with all their Apparel and
Furniture to them and every of them belonging: And the Master
and Mariners, knowing of such offence, to forfeit all their Goods
and Chattels, and to have imprisonment by the space of one
whole year without Bail or Mainprize.
In case of transporting it from Port to Port, if security be not given it shall be forfeited.
And further, That if any such Wool, Woollen-yarn, Woollenflox, Wool-fell, or any of the said Earth, or Clay, be laid in any
place whatsoever with intention to transport, or that the same
should be transported beyond Sea, or with intention to transport
or convey the same, or that the same should be transported or
conveyed to any other Port or Place by Sea in England or
Wales, and shall not in such case where the same is to be transported or conveyed by Sea to other place in England or Wales,
as aforesaid, enter, or cause to be entred, sufficient obligation
with the Customer and Comptroller of the Port to such place
belonging, or as is next unto the same, for the true delivery
thereof at some other place of this Realm; That then the said
Wools, Woollen-yarn, Woollen-flox, Wool-fells and Earth, or
Clay, and Three shillings for every pound weight of the said
Earth, or Clay, shall be forfeited by the owners thereof.
Merchants penalty.; Owner of Land.; 500l;, Justices not certifying the discovery.; 100l.
And it is further ordained, That if any Merchant, or any other
Person or Persons, shall transport, or cause to be transported
any of the said Earth or Clay, Wool, Woollen-yarn, or Woollenflox, or Wool-fels, contrary to the intent of this Ordinance, That
then he shall be disabled for requiring any Debt or Accompt of
any Factor or others, for or concerning any Debt or Estate
properly belonging to such Merchant and offendor, to his own
use: And if any owner of the Land where such Clay or Earth is
digged or gotten, shall be privy unto, or know of such transportation by any person or persons, and shall not discover the same
to some Justice or Justices of the Peace, within three moneths
of such his knowledge, he shall for every such offence forfeit Five
hundred pounds of lawfull money of England: And if such
Justice of Peace to whom such discovery shall be made, shall
not certifie the same under his hand and seal to the Barons of
the Exchequer, or any one of them, within three moneths following, he shall for every such offence forfeit One hundred pounds
of like lawfull Money.
Books shall be kept by the Owners of all Clay sold.; Forfeiture.; Barons of Exchequer shall appoint a person to keep a book.; Forfeitures how disposed.
And it is further ordained, That all and every person, owner,
or occupier of any grounds where such Earth or Clay as aforesaid
shall be digged or taken, or owner or occupier of such Earth or
Clay, that shall sell or dispose of the same, shall keep one or
more Books, wherein he shall enter from time to time, the
quantities of all such Clay or Earth by him sold, the name or
names of the person or persons to whom such sale shall be made,
and the place of his habitation or abode, and shall once in six
moneths give a note in writing of all such Fullers-earth or Clay
sold or disposed of, to the Justices of the Peace, or any one of
them, next or near adjoyning to the place where such Earth or
Clay is or shall be at the time of the sale or disposition thereof,
on pain to forfeit for every hundred weight the sum of
Twenty shillings of lawfull mony of England, for every such
neglect; and that a sufficient person of the profession
of a Cloathier, or fuller of the County of Kent, shall by the
Barons of the Exchequer be appointed to keep a Book, of the
entries of the true quantities of such earth and clay measured,
and received from the Pits or Store-houses thereof, and to certifie
such his Book half yearly into the Court of Exchequer upon oath,
and to have such sum or sums of money as the said Committee
of the Navy and Customes shall think fit, not exceeding six
pence for every Load, containing Twenty two bushels of such
earth and clay so received by the Receiver thereof; And that one
half or moyety of all the Forfeitures before mentioned shall be
paid to the Commissioners and Collectors of the Customes for
the time being, for the use of the Navy, or to such use as the
said Houses of Parliament shall order or appoint, and the other
moyety thereof to be to such person and persons, as shall seize
or sue for the same by Bill, Plaint, or Information in the Court
of Exchequer, and the said Goods so seized to be by the Seizer
from time to time Registred, with the Officer thereunto appointed
in the Custome-house of London.
How the Offenders shall be proceeded against.; Power to compound.
And it is further Ordered by the said Lords and Commons,
That the Barons of the said Court of Exchequer, and all other
the Officers and Ministers of the said Court respectively for the
time being, do, and shall, and are hereby authorized and required
to receive and proceed to judgement upon such Bill, Plaint, or
Information according to the course of that Court, heretofore
used for the recovery of forfeited Goods, for non payment of
Tunnage and Poundage, when the same were granted by Act of
Parliament. And that the Barons of the said Court of Exchequer,
his Majesties Attourney, or Solicitor General, or any three of
them, whereof the said Attourney, or Solicitor General, to be one
shall, and may compound for the part of the said Forfeiture,
appointed to the use of the Navy as aforesaid, and upon such
composition made, the said Court of Exchequer to give judgement for the discharge of such forfeiture against his Majesty;
And that any of the Barons of the said Exchequer shall, and
may give licence to such Informer, to compound with the
Defendant for the said other part of the said forfeiture.