William III, 1697-8: An Act for the Explanation and better Execution of former Acts made against Transportation of Wool Fullers Earth and Scouring Clay. [Chapter XL. Rot. Parl. 9.]

Recital that Exportation of Wool, &c. is continued; and of Stat.

1 W^t. & M. c. 32.; 4 W.& M.c.24. §9; continued by 7 & 8 W. III. c. 28. §1; Reasons for making this Act.; 7&8 W.III. c. 28. continued.

Whereas several Laws have been made to prevent the Exportation of Wool and Fullers Earth out of this Kingdom yet nevertheless the said Exportation is still notoriously continued to the great Prejudice and Discouragement of the Woollen Trade and Manufacture of England And whereas in the First Year of the Reign of His present Majesty King William and the late Queen Mary there passed an Act intituled An Act for the better preventing the Exportation of Wool and encourageing the Woollen Manufactures of this Kingdom Which Act was continued by one other Act made in the Fourth and Fifth Years of Their said Majesties Reign intituled An Act for reviving continuing and explaining several Laws therein mentioned which were expired and near expiring Which said Act was further continued in the Seventh Year of His present Majesties Reign with some Alterations intituled An Act for the more effectual preventing the Exportation of Wool [and for the incouraging the Importation of Wool (fn. 1) ] from Ireland which Act is now near expiring And whereas for preventing the said Mischiefs it is necessary that the last mentioned Act with some convenient Alterations should be continued and also that there should be some more effectuall Remedies that hath been hitherto provided Be it therefore enacted by the Kings most Excellent Majesty by and with the Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That the said last mentioned.; Act made in the Seventh Year of His Majesties Reign and intituled An Act for the more effectual preventing the Exportation of Wooll and for incourageing the Importation of Wooll from Ireland and every Clause Matter and Thing therein contained except what is hereby otherwise altered explained enlarged or repealed shall continue and be in full Force as if the same were herein particularly recited and mentioned.

II. Exporting Fullers Earth and scouring Clay;

Penalty.

And whereas under a Pretention of carrying Fullers Earth and Scouring Clay into Ireland the same is conveyed into Scotland and other Foreign Parts to the further Prejudice of the Wollen Manufacture of this Kingdom Be it further enacted That from and after the Four and twentieth Day of June One thousand six hundred ninety eight no Fullers Earth or Scouring Clay shall be exported out of this Kingdom Dominion of Wales or Town of Berwick upon Tweed into Ireland [or (fn. 2) ] Scotland or any other Foreign Parts upon any Pretence whatsoever but that the Exporters being legally convicted shall be liable to the Forfeitures of One Shilling for every Pound Weight.

III.

Owners of Wool shorn or housed within 10 Miles of the Sea, in Kent and Sussex, to give an Account thereof to the nearest Port or Officer;and Notice of Removal; and to take a Certificate.; Penalty.; Officer to take Account gratis, and give Certificate; Fee to Officer.

And whereas it is a common Practice in Romney March and other Place adjacent for evil disposed Persons to sheer [their (fn. 3) ] Sheep and lodge Wooll near the Sea Side and sometimes to bring Wooll out of the Country more remote and lodge it as aforesaid where by Fraud and Force in the Night Time the said Persons do cause the same to be transported to France to the Increase of the Trade of that Kingdom and the Destruction of the Trade of England To prevent these Practices for the future be it further enacted by the Authority aforesaid That all and every Owner and Owners of Wooll shorn or housed laid upp or lodged within Ten Miles of the Sea Side within the Counties of Kent and Sussex shall be obliged to give an exact [Account (fn. 3) ] in Writing within Three Days after the Sheering thereof of his her or their Number of Fleeces and where lodged or housed to the next adjacent Port or Officer of His Majesties Customs [or (fn. 4) ] the like Notice before he she or they shall presume to remove any Part or Parcel thereof of the said Number of Fleeces and Weight and the Name ( (fn. 5) ) of the Person or Persons to whom it is disposed and the Place [to (fn. 6) ] which it is intended to be carryed and take a Certificate from the Officer who first entred the same upon Penalty of forfeiting all such Wool as shall not be so entred or otherwise disposed of and the Owner or Owners also to be liable to the further Penalties of Three Shillings for every Pound Weight of all such Wooll as if the same had been actually transported which said Account the Officers respectively are hereby required to take gratis and to give such Certificate or Certificates without Delay to the Party or Parties demanding the same and shall therein specify the Name or Names of the Owners & Buyers thereof and limitt it to such Times and Places to be removed For which Duty and Service the said Officer or Officers shall take and demand the Sum of Six Pence and no more for each Certificate upon any Account or Pretence whatsoever.

IV.

Persons residing within 15 Miles of the Sea in the said Counties buying Wool before Bond given, or Wool found removing before entered, forfeited, and Penalty.

And whereas it is a common Practice in the said Marsh for divers Persons not resident upon the Place to buy upp great Quantities of Wooll and transport or cause the same to be transported out of this Kingdom For preventing such Practices for the future be it further enacted by the Authority aforesaid That no Person or Persons residing within Fifteen Miles of the Sea in the Counties of Kent and Sussex shall presume to buy any Wooll before they do enter into Bond to the Kings Majesty His Heirs or Successors with Sureties That all the Wooll they buy shall not be sold by them to any Person or Persons within Fifteen Miles of the Sea And in case Wooll be found carryed towards the Sea Side in the Counties aforesaid unless such Wooll be first entred and Security given the same shall be forfeited and the Person or Persons offending therein shall also forfeit Three Shillings for every Pound Weight of all such Wooll.

V. Lodging Wool removed from Place where first laid, within 15 Miles of the Sea, Penalty.

And be it further enacted by the Authority aforesaid That no Wooll removed from the Place where it was first housed lodged or laid after Sheering within Ten Miles as aforesaid shall be lodged after the First removing within Fifteen Miles of the Sea in the Counties aforesaid upon Pain of forfeiting all such Wooll if found but if carried away then every Person or Persons who were the Owners of the said Wooll to forfeit for every Pound Weight the Sum of Three Shillings.

VI. Hiding Wool, not entered, within 15 Miles of the Sea, Seizure.;

Claimant to give Security for Treble Costs, &c.

And be it further enacted by the Authority aforesaid That all and every Person or Persons that shall lay or cause to be laid or hid any Wooll within Fifteen Miles of the Sea and not entred as aforesaid all such Wooll shall be seized and forfeited that upon any Seizure of such Wooll every Person laying claime to the [same (fn. 3) ] shall give sufficient Security in His Majesties Court of Exchequer (if cast upon Tryal) to pay Treble Costs over and above the Penalties and Forfeitures aforesaid.

VII. In Action for executing Act.;

General Issue may be pleaded; Treble Costs.

Provided always and be it further enacted by the Authority aforesaid That if any Action or Suit shall be brought and prosecuted by any Person or Persons against any Person imployed in the Execution of this Act for any Matter Cause or thing by them or either of them done committed or executed by virtue of this Act or any Clause or Article therein contained that then and in every such Case the Defendant or Defendants may plead the General Issue and give the Special Matter in Evidence at the Tryal that the same was done in pursuance and by Authority of this Act and if upon Examination it shall so happen to be done the Jury shall find for the Defendant or Defendants and in such Case or if the Plaintiff shall be nonsuit or discontinue his Action the Defendant or Defendants shall have and recover Treble Costs which he or they shall sustain or be put unto by reason of his or their wrongful Vexation in Defence of the said Action or Suit.

VIII. How Penalties divided and recovered.

And it is hereby further enacted by the Authority aforesaid That all the Forfeitures and Penalties before in this Act mentioned shall be distributed in Manner and Form following viz. One Third part to the Use of His Majesty His Heirs and Successors and the other Two Thirds to the Use of such Person or Persons as shall seize or sue for the same by Bill Plaint or Information in any of His Majesties Courts at Westminster wherein no Essoign Protection or Wager of Law shall be allowed.

IX. Recital of 12 Car. II. c. 32. §7.; and that undue Advantage had been taken thereof; Further Limitation of Actions to Three Years

And whereas by an Act of Parliament made in the Twelfth Year of the Reign of King Charles the Second it is enacted That no Person or Persons whatsoever should or at any time thereafter be impeached for any Offence against the said Act unless such Persons be prosecuted within One Year next ensuing such Offence committed And whereas a great many Persons who have been guilty of transporting Wooll but Discovery thereof hath not been made till the Expiration of Twelve Months after the Offence committed to the great Encouragement of several notorious Offenders for the Prevention whereof Be it enacted by the Authority aforesaid That it shall and may be lawful for [this (fn. 7) ] Majesty to cause such Person or Persons as are or shall be guilty of transporting or causeing to be transported any Wooll Wooll fells Fullers Earth or Scouring Clay to be sued and prosecuted at any time within Three Years after the Offence committed in the same manner as Informations [or (fn. 8) ] other Penal Statutes have been usually and may lawfully be prosecuted.

X. Owners of Wool shorn and laid up within 15 Miles of the Borders of Scotland, to give an Account thereof pursuant to 1 W. & M.c. 32. and make Entry.; and not to remove Wool without Licence;

Penalty.

And for the better preventing the carrying of Wooll into Scotland from England Be it further enacted by the Authority aforesaid That from and after the said Four and twentieth Day of June all and every Owner or Owners of Wool shorn laid upp or lodged within Fifteen Miles of the Borders of Scotland shall and are hereby required to give an exact Account of his her or their Number of Fleeces and where lodged or housed to such Person or Persons as shall be appointed and impowred for that Purpose pursuant to the Direction or true meaning of the aforesaid Act of Parliament made in the First Year of His present Majesty and the late Queen which Person or Persons shall give Attendance for that purpose at the several Ports and Market Towns within the aforesaid Distance of Fifteen Miles and shall and are hereby required to make a true Entry of such Wooll in a Book to be kept for that purpose and in case any Owner or Owners of such Wooll shall neglect or refuse to give such Account to such Person or Persons as shall after such Notice given remove such Wooll or any part [thereof (fn. 9) ] without Licence from such Person or Persons as shall have made such Entry he she or they so neglecting or refuseing or removing afterwards her or their Wooll or any Part of it without Licence as aforesaid shall forfeit Three Shillings for every Pound Weight of such Wooll and the Wooll that shall be found within the Distance aforesaid of the Borders of Scotland not entred as aforesaid shall be and is hereby forefeited One third Part to His Majesty His Heirs and Successors and the other Two third Parts to him or them who shall sue for the same in any of His Majesties Courts of Record at Westminster in which noe Essoign Protection or Wager of Law or more than One Imparlance shall be allowed.

XI. 7 & 8 W. III. c. 28. § 6.;

Hundred of Winchelsea, in respect of the said Act, taken as Two distinct Hundreds.

And whereas by an Act made in the Parliament held in the Seventh and Eighth Years of His present Majesty intituled An Act for the more effectual preventing the Exportation of Wooll and for the incourageing the Importation thereof from Ireland amongst other things it is enacted That the Hundred out of which any Wooll shall be exported be liable to such Penalties and Forfeitures as is mentioned in the said Act but the Hundred of Winchelsea in the Cinque-Ports being divided by a Navigable Arm of the Sea so that the Inhabitants on [theref (fn. 10) ] one side thereof cannot be privy to or prevent what is done by those of the other side Be it therefore enacted by the Authority aforesaid That the said Hundred of Winchelsea shall be deemed and taken in respect to the said Act as Two distinct Hundreds (that is to say) the Part of the one side of the said Arm of the Sea as one Hundred and the Part on the other side as one other intire Hundred and the Penalties which may be forfeited for suffering such Exportation shall affect charge and be levyed on that Part only of the said Hundred which lies on the same side of the said Arm of the Sea out of which such Exportation was made and permitted Any thing in this or any other Act to the contrary notwithstanding Provided nevertheless That nothing in this Act shall be construed to extend to divide the said Hundred in any other Particular but in this only.