January 1648: An Ordinance for prohibiting the Transportation out of this Kingdom of England, Ireland, and Wales, of all Wooll, Woollen Yarn, Wooll-Fells, Fuller Earth, Clay, &c., to any part beyond the Seas.

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.