William III, 1697-8: An Act for the better Incouragement of the Royal Lustring Company and the more effectual preventing the fraudulent Importation of Lustrings and Alamodes. [Chapter XLIII. Rot. Parl. 9 Gul. III. p.7.n.3.]

Recital that the Manufacture of Black Lustrings and Alamodes had been beneficial, and that Foreign Silks had been imported without paying Duty, to the Discouragement of the Royal Lustring Company.

Foreign Alamodes and Lustrings to be imported into London only, and Notice of Quantity, &c. given to the Commissioners of the Customs; And a Licence for lading and importing to be taken from the said Commissioners.

Whereas the Manufacture of Black Lustrings and Alamodes set up by the Royal Lustring Company hath been very advantagious and beneficial to this Kingdom by imploying great Numbers of the Poor and preventing the Exportation of our Coin for purchasing of those Commodities in Foreign Parts And whereas notwithstanding the several Laws ( (fn. 1) ) for the Incouragement of the said Manufacture and for the preventing the Importation of such Foreign Silks without paying the Duties charged thereon great Quantities of the said Foreign Silks have been brought into this Kingdom without paying any Duty or Custom for the same by means whereof the said Royal Lustring Company have been very much discouraged in [the (fn. 2) ] carrying on the said Manufacture For Remedy whereof and that the said Company may have all due Incouragement to enable them to proceed in so good an Undertaking be it enacted and it is hereby enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That from and after the First Day of July in the Year of our Lord One thousand six hundred ninety [& (fn. 2) ] eight no Foreign Silks called or known by the Name of Alamodes or Lustrings shall be imported or brought into any Port or Place [whatsoever (fn. 2) ] within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed other than the Port of London only and that Notice shall be given to the Commissioners or Chief Managers of the Customs in the said Port of London for the Time being of the Quality and Quantity with the Marks Numbers and Package of all such Silks intended to be imported with the Name of the Importer and the Name of the Ship and her Burthen and the Name of the Master or Commander on which they are to be laden and the Place or Port where the same are to be shipped or taken on board and a Licence shall be taken under the Hands of the Commissioners or Chief Managers of the Customs in the said Port of London for the Time being or any Three of them for the lading and importing of the same as aforesaid which Licence they are hereby authorized and required to grant without any Fee or Reward or any other Charge to the Persons demanding the same.

II. Commissioners of Customs to mark and seal Goods imported, and to keep Entry and Register thereof in the Custom House in London,;

Entry without Fee before Goods delivered; Silks unduly imported, forfeited, and seized and sold, and exported, according to 8 & 9 W. III. c. 36.

And for the better preventing the fraudulent Importation of such Silks without paying the Duties which are or shall be due and payable for the same Be it enacted by the Authority aforesaid That the Commissioners or Chief Managers of the Customs in the said Port of London for the time being shall and are hereby authorized and required from time to time to mark and seal or cause to be marked and sealed all such Alamodes and Lustrings which from and after the said First Day of July be imported according to the the Directions of this Act and to keep or cause to be kept an Entry or Registry thereof in the Custom-house in the said Port of London in a Book to be provided for that purpose only which said Entry or Registry shall be made without any Fee or Reward before the said Goods be delivered out of the Custom-house Ware-house And in case any of the said Silks shall be imported or brought into any Port or Place whatsoever within this Realm other than the Port of London or shall be imported without such Notice first given and Licence taken out as aforesaid and the Duties paid for the same or shall not be so sealed & marked as aforesaid such Silks or the full Value thereof shall be forfeited And all such Silks ( (fn. 3) ) shall be seized and forfeited by virtue of this or any former Act shall be sold and exported and the same Rules and Methods shall be observed in the selling and exporting thereof as are mentioned and contained in an Act made in the Eighth and Ninth Years of the Reign of His present Majesty intituled An Act for the further encouragement of the Manufacture of Lustrings and Alamodes within this Realm.

III. Unduly importing and receiving Silks, Penalty £500.

And for the better preventing the Importation of the same in relation to Silks therein directed to be exported and all and every Person and Persons whatsoever who shall import bring or convey or cause or procure to be imported brought or conveyed into the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed any Alamodes or Lustrings contrary to the true Intent and Meaning of this Act or who shall knowingly receive or take the same into his her or their House Ware-house Custody or Possession or shall sell barter or offer to sale or cause to be sold or bartered or offered to sale any such Foreign Silks so fraudulently imported and all and every their Aiders Abetters and Assistants knowing thereof shall forfeit and lose the Sum of Five hundred Pounds.

IV. Officers in the King's Service, having Command of a Vessel, importing or permitting to be imported or unshipped, Silks, &c.

Penalty and Incapacity; Seamen or other Persons informing; Reward and Discharge from the Service, and Certificate for Wages .

And be it further enacted by the Authority aforesaid That if any Commission or Warrant Officer or other Person who now is or hereafter shall be in the Service of His Majesty His Heirs or Successors and shall have the Command or Charge of any Ship or Vessel whatsoever shall import bring send or convey or cause procure or suffer to be imported brought sent or conveyed or take or load on board any Alamodes or Lustrings in order to be imported into this Kingdom or shall unship or suffer to be unshipt into any Barge Hoy Boat or other Vessel any such Silks knowing thereof he shall over and above the Forfeitures and Penalties to which he is liable by this or any other Act be ipso facto rendred incapable of serving His Majesty His Heirs and Successors either by Sea or Land or of having or receiving any Benefit or Advantage which he shall or may be intituled to by virtue of such Service And if any Seaman Marriner or other Person or Persons whatsoever belonging or which shall belong to any Ship or Vessel shall discover any Alamodes or Lustrings which shall be imported brought sent or conveyed in any Ship or Vessel whatsoever into this Kingdom or which shall be unshipt into any Barge Hoy Boat or other Vessel either at Sea or in any Harbour Creek or Bay in this Kingdom in order to be imported contrary to the true Intent and Meaning of this Act such Person or Persons making such Discovery shall (over and above such Part of the Forfeitures and Advantages to which he or they shall be intituled by virtue of this Act) be immediately discharged from his or their Service on board such Ship or Vessel if he or they shall desire the same And the Captain or Master of such Ship or Vessel shall immediately give him or them a Ticket or Tickets Certificate or Certificates which shall intitle him or them to all the Wages due to him or them for his or their Service on board such Ship or Vessel.

V. Counterfeiting, &c. Seals or Marks used at the Custom House, &c.;

Penalty £500 and Pillory; Having in Possession, &c. Silks marked with counterfeit Marks, &c; Forefeiture of Goods and Penalty £100; Persons authorized by Writ of Assistance, &c. may in the Day-time enter Houses, &c. and seize Silks unduly imported; and may break open Doors, &c; Justice of Peace to grant Warrant on Oath of Suspicion; In Questions whether Silks are Foreign or unduly imported, onus probandi on Claimant, &c.

And be it further enacted by the Authority aforesaid That if any Person or Persons whatsoever shall alter counterfeit or misapply any or either of the Seals or Marks now used or which shall or may be used at the Custom house for the sealing and marking Alamodes and Lustrings according to the Directions in this or any other Act or which now are or shall be used by the said Royal Lustring Company for the marking and sealing the Goods made or which shall be made by them the Offender and Offenders and all and every their Aiders Abetters and Assistants shall for every such Offence forfeit and lose the Sum of Five hundred Pounds and shall be adjudged to stand in the Pillory in some publick Place for the Space of Two Hours And all and every Person and Persons who shall buy or sell or have in his her or their Custody or Possession any Alamodes or Lustrings which are or shall be sealed or marked with a counterfeit Seal or Mark [or which shall have any Seal or Mark (fn. 4) ] used or to be used at the Custom-house or by the Royal Lustring Company thereunto affixed or putt which hath not been affixed and put thereto at the Custom-house or by the said. Company knowing thereof and not discovering the same shall forfeit the Goods so sealed or marked and also the Sum of One hundred Pounds And for the better discovering and seizeing of the said Silks so fraudulently imported or not sealed and marked according to the Directions in this Act or which shall be sealed or marked with any Counterfeit Seal or Mark as aforesaid It shall and may be lawful to and for any Person or Persons whatsoever authorized by Writ of Assistance under the Seal of His Majesties Court of Exchequer or with a Constable or other publick Officer inhabitting near unto the Place with a Warrant from a Justice of Peace and in the Day time to enter and go into any House Shopp Cellar Ware-house or Room or other Place whatsoever to search for and seize any Alamodes or Lustrings imported contrary to this or any other Act or not sealed and marked as aforesaid or which be sealed or marked with any Counterfeit Seal or Mark and in case of Resistance to break open Doors Chests Trunks and other Package whatsoever there to seize and from thence to bring to His Majesties Warehouse any of the said Silks so fraudulently imported or not sealed and marked as aforesaid And every Justice of the Peace is hereby impowred and required to grant such Warrant to any credible Person or Persons makeing Oath that he or they have reason to suspect or beleive that there are some of the said Silks so fraudulently imported or not sealed and marked as aforesaid or which are sealed or marked with some counterfeit Seal or Mark in the ( (fn. 5) ) Places which he or they intend to search And if any Question Dispute or Doubt shall arise whether any such Silks as aforesaid imported found seized received sold bartered or offred to sale or barter as aforesaid or any Part thereof were made or manufactured in Parts beyond the Seas or whether the same were imported contrary to the true Intent and Meaning of this Act the Proof shall be incumbent only upon the Importer Claimer Owner Proprieter Seller Barterer or such Person or Persons in whose Hands or Custody the said Silks shall be found respectively and not upon the Informer Seizer or Prosecutor.

VI. Officers of Customs, Sheriffs, &c. to be aiding in execution of Act.;

Officers of Customs conniving at Offences or Informer unduly delaying to prosecute; Penalty and Incapacity.

And be it further enacted by the Authority aforesaid That all Officers belonging to the Customs and all Sheriffs Mayors Bayliffs Constables and other Officers shall be aiding and assisting in the effectual Execution of this Act And that if any Officer or Person of or belonging to the Customs shall willingly or knowingly connive at the fraudulent Importation delivering receiving buying or selling of any Alamodes or Lustrings contrary to the true Meaning of this Act or if such Officer or any Informer or other Person or Persons ( (fn. 6) ) upon or by virtue or by Means of this Act or any other Act and shall by Fraud or Collusion desist or delay the Prosecution to Condemnation of the said Silks or any Part thereof after Seizure or Stay of the same or the Prosecution of any Person or Persons for any Offence against this or any other Act relating to the fraudulent Importation of such Silks or the not stealing or marking such Silks imported he or they so desisting or delaying shall forfeit and loose the Sum of Five hundred Pounds and be incapable of holding any Office or Imployment under His Majesty His Heirs and Successors.

VII. Second and further Offences.

Penalty.

Provided always and be it hereby enacted by the Authority aforesaid That for the more effectual Prosecution of the Offences and Offenders against this Act all and every Person and Persons whatsoever that shall be convicted for any Offence against [this Act (fn. 3) ] or any other Law relating to Alamodes or Lustrings and shall afterwards offend a Second or any more time or times such Person and Persons (after Conviction) shall so often as he or they shall so offend forfeit and pay double the Sum inflicted or imposed by this Act.

VIII. In Prosecutions for Offences against this Act,

Capias in the first Process, specifying; Amount of Penalty sued for.; Bail to be given to Officer serving Process; and, on Appearance, Security for Penalties .

And be it further enacted by the Authority aforesaid That all and every Person and Persons who shall be guilty of any Offence or Offences contrary to the true Intent and Meaning of this Act or any other Act relating to Alamodes or Lustrings shall and may be prosecuted for any such Offence or Offences in any Action Suite or Information and thereupon a Capias in the first Process specifying the Sum of the Penalties sued for shall and may issue And such Person or Persons shall be obliged to give good and sufficient Bail and Security by natural born Subjects Persons naturalized or Denizens to the Officer serving or executing the Writt or Process on or against him her or them to appear in the Court out of which such Writt or Process shall issue at the Day of the Return of such Writt or Process to answer such Suit or Prosecution and shall at the Time of such Appearance give sufficient Bail or Security by such Persons as aforesaid in the said Court to answer and pay all the Forfeitures and Penalties incurred for such Offence or Offences in case he she or they shall be convict thereof or to yeild his her or their Bodies to Prison.

IX. How Penalties distributed,

and recovered.

And for the Incouragement and better enabling all such (whether Officers of the Customs or others) that shall effectually put this Act in Execution It is hereby further enacted by the Authority aforesaid That all the Penalties and Forfeitures hereby or by any former Law relating to Alamodes or Lustrings given or imposed or which shall arise or accrew in respect thereof or for the importing conveying delivering receiving buying or selling of any Alamodes or Lustrings shall be distributed and divided in manner following (that is to say) Two third parts thereof to His Majesty His Heirs and Successors and the remaining Third part to such Person or Persons as shall seize or sue for the same the Charge of which Suite & Prosecution shall be borne by His Majesty His Heirs and Successors out of His Majesties part of the said Forfeitures and Penalties Any Law Statute Custom or Usage to the contrary notwithstanding And further it shall and may be lawfull for any Person or Persons to sue for and prosecute and to recover the Forfeitures and Penalties inflicted or imposed by this present Act ( (fn. 7) ) relating to Alamodes or Lustrings by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoign Protection Priviledge or Wager of Law shall be allowed or more than one Imparlance And that all and every Person and Persons that shall seize or stay any of the said Silks or prosecute any of the Offences or Offenders against this or any other Act relating to Alamodes or Lustrings may lay his or their Information or Action and try the same in such Place or Places and use such and the like Method and Course of Proceedings in prosecuting and condemning of the said Silks as are have been or may be used in or about the seizing condemning or prosecuting of any Goods or Commodities for Non payment of Customs or other Duties or any Person or Persons for offending against any of the Laws or Statutes relating to the Customs.

X. Before Claim to Goods seized entered,; Security to be given for Payment of Penalties and Costs; and on Default Goods adjudged to be forfeited.

And for the avoiding of Fraud and Delay in prosecuting to Condemnation such Silks seized as aforesaid by entring vexatious Claims thereto Be it further enacted That before any Person or Persons shall be admitted to enter a Claim to any of the said Silks he she or they shall be obliged to give good and sufficient Security by Recognizance to be entred into before one of the Barons of the Court of Exchequer or some Judge of the Court where such Claim shall be entred to answer and pay the Penalties and Forfeitures incurred by virtue of this Act with full Costs of Suit upon a Tryal or other Determination in Law a Virdict shal pass or Judgement shall be entred for the Plaintiff And in case default shall be made in giving such Security within the time limitted by the Rules of the Court for entring Claims then the said Goods shall be adjudged forfeited and Judgment entred accordingly.

XI. This Act taken to be a General Law.

In Actions for executing Act; General Issue may be pleaded; Treble Costs.

And for the preventing of Disputes touching this Act Be it further enacted by the Authority aforesaid That the same and every Clause and Thing therein contained shall be deemed adjudged and taken to be a General Law and that it shall [and may be lawful (fn. 8) ] to shew or set forth the same or any Clause thereof in Pleading and that the same and all and every Clause therein contained shal be construed most largly and beneficially for the Advantage of the Prosecutor and for the preventing of all the Mischeifs and Abuses herein provided against and further that if any Person or Persons shall be sued molested or prosecuted for any thing done by vertue and in pursuance of this Act such person and persons shall and may plead the General Issue and give this Act and the Special Matter in Evidence And if afterwards a Verdict shall pass for the Defendant or Defendants or the Plaintiff shall discontinue his Action or be nonsuited or Judgment shall be given against him upon Demurrer or otherwise then such Defendant or Defendants shall have Treble Costs to him or them awarded against such Plaintiff.

XII. Limitation of Actions.

Provided always That all Informations Actions and Suits to be brought by any Informer for any Offence against this Act shall be brought and commenced within Two Years after the Offence committed Any former [Act (fn. 9) ] to the contrary thereof in any wise notwithstanding.

XIII. Recital of Letters Patent of 14th Oct. 4. W. & M. to the Earl of Pembroke and others, for dressing Silks, &c. and forming them into a Company.

and that the said Company had brought the said Manufacture to Perfection, but that they had been obstructed in the Enjoyment thereof.; The said Company constituted a Body Corporate, by the Name of the Royal Lustring Company.

And whereas the Kings most Excellent Majesty together with the late Queen (of blessed Memory) by their Letters Patents or Charter under the Great Seal of England bearing Date the Fifteenth Day of October in the Fourth Year of their said Majesties Reign reciting or taking Notice that severall Persons therein named did obtain the late King James the Seconds Letters Patents bearing Date the Three and twentieth Day of November in the Fourth Year of His Reign for the sole Use Exercise and Benefit of a new Invention of making dressing and lustrating of Silks called Plain Black Alamodes Renforcez and Lustrings for the Terme of Fourteen Years from the Day of the Date of the said Letters Patents Their said Majesties did for the encourageing so commendable ( (fn. 10) ) Undertaking give grant constitute declare and appoint Thomas Earl of Pembroke and Montgomery and several other Persons in the said Charter mentioned and contained and such others as should be admitted into their Society to be from thenceforth One Body Corporate and Politick in Deed and in Name by the Name of the Royal Lustring Company for making and dressing Alamodes Renforcez and Lustrings in England and by that Name to have perpetual Succession and divers and sundry Priviledges Liberties Powers and Authoritys with other Matters and Things in the said Charter of Corporation mentioned and expressed were thereby granted to and vested in the said Company and their Successors in such Sort Manner and Forme as in and by the said Charter or Letters Patents or Inrollment thereof is mentioned and expressed and as thereby more fully appears and forasmuch as the said Company have with great Labour and Charges brought the said Manufacture to Perfection but by reason of the fraudulent Importation of Alamodes and Lustrings by divers Persons more regarding their own Interest then the Welfare of England their Duty to the King and Obedience to the Laws of the Land the said Company have not enjoyed the Benefit and Advantage intended them in and by the said Charter but wasted their Time and Stock in contesting with many Difficulties and Obstructions which they have met with since the granting thereof and it appearing that the said Manufacture cannot be so well carryed on and secured to this Kingdom by any other Means as by establishing a Company to carry on the same Be it therefor enacted by the Authority aforesaid That the aforesaid Company and their Successors shall and may ( (fn. 11) ) from [thenceforth (fn. 12) ] stand continue and be a Body Politick and Corporate in Deed and in Name by the Name of the Royall Lustring Company and that the said Company and their Successors shall and may have do use exercise and enjoy all and singuler the Liberties Priviledges Powers Authorities Matters and Things in the said Letters Patents or Charter of [Corporation (fn. 13) ] mentioned to be granted to them as amply fully and largly to all Intents Constructions and Purposes as if the same were Word for Word recited and set down at larg in this present Act.

XIV. The said Company to enjoy their said Invention for 14 Years, &c. from the 24th June 1698.

And be it further enacted by the Authority aforesaid That the said Royal Lustring Company and their Successors shall and may have and enjoy the Sole Use Exercise and Benefit of making dressing and lustrating of Plain Black Alamodes Renforcez and Lustrings within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed for and during the Term of Fourteen Years to be reckoned and accounted from the Four and twentieth Day of June One thousand six hundred ninety eight and from thence to the end of the next Sessions of Parliament Any thing in the said Letters Patents made and granted by the late King James or in the said Letters Patents or Charter of Corporation made and granted by His present Majesty and the said late Queen or any Law or Statute to the contrary thereof in any wise notwithstanding.

XV.

The said Company empowered to import 17 Bales of Silk, before 29th Sept. next.

And whereas the said Royal Lustring Company have Seventeen Bails of Fine Italian Thrown Silk in Amsterdam which [was (fn. 14) ] bought thither over Land before ( (fn. 15) ) Conclusion of the Peace and were designed to be imported into this Kingdom to be used in the Manufacture of Alamodes and Lustrings but by reason of several Difficulties and Obstructions which the said Company have mett with in the said Manufacture the said Silk could not be imported within the time limitted by Law for Importation thereof Be it therefore enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Company to import into this Kingdom the aforesaid Seventeen Bails of Silk at any time before the Twenty ninth Day of September next they paying the Duties to His Majesty which by Law are to be paid for the same Any Law or Statute to the contrary in any wise notwithstanding.