An ORDINANCE to prohibite the transporting of Wooll, and Fullers-Earth.
BE it Ordained by the Lords and Commons, That it shall not be lawfull for any person or persons to lade, ship, or carry in any Ship, Barge, Boat or other Vessell, or otherwise any Wooll of the growth of the Kingdomes of England or Ireland, or Dominion of Wales, or any woollen, yarne, woollen-flox, wooll-fell, Fullers-earth, [Page 2] Clay, Tobacco-pipe 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 Realme of Scotland by Land or by Sea, or to carry the same to any Ship, or other Vessell whatsoever to be transported, upon the paines and forfeitures hereafter ensuing, that is to say, Vpon the paine of the forfeiture of the said wools, woollen-yarne, woollen-flox, wooll-fell, and earth or clay so laden, shipped, carryed, or transported, and three shillings for every pound of such wooll, yarne, 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, [Page 3] with all their Apparell 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 yeare without bayle or main-prise. And further, that if any such wooll, woollen-yarne, woollen-flox, wooll-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 any 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 [Page 4] belonging, or as is next unto the same, for the true delivery thereof at some other place of this Realme; That then the said Wools, Woollen-yarne, woollen-flox, wooll-fels, and earth, or clay, and three shillings for every pound weight of the said earth, or clay, shal be forfeted by the owners thereof. 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, wooll, woollen-yarne, or woollen-flox, or wooll-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 owne 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 [Page 5] discover the same unto some Iustice or Iustices of the Peace, within three months of such his knowledge, he shall for every such offence forfeit five hundred pounds of lawfull money of England: And if such Iustice of Peace to whom such discovery shall be made, shall not certifie the same under his hand and seale 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.
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 [Page 6] name or names of the person, or persons to whom such sale shall be made, and the place of his habitation or aboad, and shall once in six moneths give a note in writing of all such Fullers earth or clay sold or disposed to the Iustices of the Peace, or any one of them next, or neare adjoyning to the place where such earth or clay is or shall be at the time of the sale or disposition thereof on paine to forfeit for every hundred weight the summe of twenty shillings of lawfull money of England for every such neglect; and that a sufficient Person, of the profession of a Clothier, 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 or clay measured and received from the Pits or Store-houses thereof, and to certify such his Booke halfe yearely into the Court of Exchequer upon Oath, [Page 7] and to have such summe or summs of money as the said Committee of the Navie and Customes shall thinke fit, not exceeding six pence for every load, containing twenty two bushells of such earth and clay so received by the Receiver thereof; and that one half or moyty 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 Goods so seized to be by the Seisor from time to time Registred, with the Officer thereunto appointed in the Custome-house of London: And it is further Ordered by the said Lords and Commons That the Barons of the said Court of Exchequer, [Page 8] and all other the Officers, and Ministers of the said Court respectively for the time being doe, and shall, and are hereby authorized, and required to receive and proceed to Iudgement 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 Tonnage and Poundage when the same were granted by Act of Parliament. And that the Barons of the said Court of Exchequer, his Majesties Atturney, or Solicitor Generall, or any three of them, whereof the said Atturney, or Solicitor Generall to be one, shall, and may compound for the part of the said forfeiture, appointed to the use of the Navie as aforesaid, and upon such composition made, the said Court of Exchequer to give Iudgement for the discharge of such forfeiture against his Majesty; and that any of the Barons of the said Exchequer shall, and may [Page 9] give Licence to such Informer, to compound with the Defendant for the said other part of the said forfeiture.
ORdered by the Lords and Commons Assembled in Parliament, That no Wooll of the growth of Ireland, be transported in any Ship or Vessell into any parts out of that Kingdome (except into the Kingdome of England and Dominion of Wales) upon any Warrant or pretence whatsoever, upon paine of forfeiture of the said Wools, and that the Commissioners and Officers of the Customes and Ports in that Kingdome, doe take effectuall care, and imploy their diligence, [Page] that this Order be duely observed, and that they be very carefull to take good security, to the double value of the Wools shipped; That the transporters will unship and deliver the said Wools in some Port of the Kingdome of England, or Dominion of Wales, and that they will not transport the said Wools into any other part of place whatsoever, and that they doe bring Certificate that they have delivered the same accordingly; and that the Governors of the Provinces, and Commanders in chiefe of the Forces in that Kingdome, doe give order and charge, and take care, That all the Officers of Ports whom it may concerne, doe duely observe this Order.