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,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,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 place4 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 not5 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, the6 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,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,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 may9 give Licence to ſuch Informer, to compound with the Defendant for the ſaid other part of the ſaid forfei­ture.