No. CX. 3 Geo. IV. C. 41. 8 H. 6. c. 18. Sale of Staple Goods at Calais. 8 H. 6. c. 20. Purchase of Staple Goods by Merchants of Calais. c. 21. Export of Berwick, to 10 H. 6. c. 1. Recognizances of the Staple at Calais, and safely ship wools leather woolfells and other merchandizes of the staple in the port of Melcombe in the county of Dorset, and from thence carry them to the staple of Calais, paying the customs and subsidies due to the King;"-and also, So much of a statute made in the eighth year of the reign of the said King Henry the Sixth, whereby it is ordained "That no person ship nor do to be shipped no manner of wools, woolfells, 8 H. 6. c. 17. leather, lead, nor tin, whole nor shotten, nor the same carry nor convey Exporting Stato none other parts beyond the sea but only to the staple of Calais;" ple Goods exand whereby any forfeiture or penalty is imposed or inflicted or made cept to Calais. payable in respect of merchandizes carried or conveyed contrary to the ordaining of the said statute;—and also, So much of the said last-mentioned statute as relates to the sale of wools woolfells and tin at the staple of Calais and the payment for the same and the bringing bullion to the mint there, and the partition of the money for wools and woolfells sold there and the acquittances to merchants buyers; and also, So much of the said last-mentioned statute, whereby it is ordained, "That no merchant continually inhabiting within the town of Calais, shall be suffered to buy beyond the sea any manner of wools, woolfells, leather, lead, nor tin, nor other merchandize pertaining to the staple, upon pain of forfeiture of the same;"-and also, So much of the said last-mentioned statute whereby it is ordained, "That certain licences to the men of Newcastle and Berwick for the exporting of wools shall be repealed; and that if any of evil will do sell or carry any wools or woolfells, leather lead or any other merchandizes of the staple, in defraud of the King or hinderance of the commodity of his realin into Scotland, that he shall forfeit the same goods with the double value, and his body to prison by the space of a year;"-and also, So much of a statute made in the tenth year of the reign of the said King Henry the Sixth, whereby it is ordained, "That all the recognizances of debts before the mayor and constables of the staple of Calais made or to be made by any persons beyond the sea, shall be as effectual and executory and of such force in all points within the realm, and in the same form executory as the recognizances made before the mayor and constables of the staple of Westminster, or before any other mayors or constables within the said realm be;"-and also, So much of the said last-mentioned statute, whereby any penalty or forfeiture is imposed or made payable or any search is authorised in respect of any wool, woolfells, hides, lead, tin, or other merchandizes of the staple, carried into Scotland, Flanders, Holland, Zealand, or Brabant ;-and also, So much of a statute made in the eleventh year of the reign of King Henry the Sixth, whereby it is ordained, "That the ordinance and statute made in the eighth year of the said King Henry the Sixth, and herein-before recited, relating to the sale of wools woolfells and tin at the staple of Calais and the payment for the same, and the bringing bullion to the mint there, and the partition of the money for wools and woolfells sold there should be continued; saving to the King power and authority to modify the same statute by the advice of his council;"-and also, So much of the said statute of the eleventh year of the reign of King Henry the Sixth, whereby it is ordained and established, "That none upon pain of felony bring carry or ship nor cause to be brought carried nor shipped any merchandizes of the staple in any creeks within the realm of England;"-and also, So much of a statute made in the fourteenth year of the reign of the said King Henry the Sixth, whereby it is ordained, "That no licences mentioned in the said statute, as prejudicial and contrary to the common and universal weal of the realm and of the merchants and in destruction of the town of Calais, and of the ordinance of partition made in the eighth year of the reign of the said King, shall in nowise be granted; and that every man which shippeth or doeth to be shipped any wools or woolfells to carry them over the sea in anywise shall repair with the same to Calais, and there discharge the said wools and woolfells after the tenor of the statutes and after the good rules and ordinances of the staple, saving as in the said statute is saved and provided;"-and also, So much of the said statute of the fourteenth year of the reign of the said King Henry 10 H. 6. c. 7. Exporting Staple Goods to Scotland, Hol land, &c. 11 H. 6. c. 13. continuing 8 H. 6. c. 18. 11 H. 6. c. 14. Shipping Staple Goods in Creeks. 14 H. 6. c. 2. Exporting Staple Goods to Calais. 14 H. 6. c. 5. No. CX. 3 Geo. IV. c. 41. 15 H. 6. c. 8. Shipping Staple Goods at the lawful Keys. &c. 18 H. 6. c. 15. Exporting Wools, except to Calais, Felony. 20 H. 6. c. 12. Partition of Price of Wools sold at Calais. 27 H. 6. c. 2. Confirming the Privileges of the Mayor, &c., of the Staple at Calais, the Sixth, whereby it is ordained, "That all the wools and woolfells and all other merchandizes which by statute ought to repair to the staple of Calais, found in any creek shipped contrary to the statute and ordinance made in the eleventh year of the reign of the said King Henry the Sixth, and herein-before recited and repealed shall be forfeit: and that every person that shall ship or cause to be shipped any manner of wools woolfells or other merchandize to go to the staple aforesaid, and come not there shall forfeit as much goods as the wools woolfells and other merchandizes by them so shipped and carried to other places than to Calais do amount by extent after the very value except the merchandizes which be to be excepted to pass by the King's licence to other places: and that if any person lay any wools woolfells or other merchandize of the staple in any suspicious place adjoining to the water side, and no indenture thereof made betwixt him and the mayor bailiffs or constables of the town in which such wools woolfels and other merchandize of the staple be so laid, that the said wools woolfells and merchandize be forfeit; and that every man shall have power to make search in every place for such goods of the staple so carried or shipped or laid to be shipped as aforesaid without impediment or disturbance of any person;"-and also, So much of a statute made in the fifteenth year of the reign of the said King Henry the Sixth, whereby it is ordained, "That no person shall ship nor do to be shipped wools woolfells and other merchandizes pertaining to the staple, in no place within the realm but only at the keys and wharfs being in the ports assigned by statute, where the King's weights and his beam be set; and that every master of the ships and vessels in which such wools and woolfells and merchandizes be put shall find security to the customer of the ports where they do ship to carry the said wools and woolfells and merchandize to the staple of Calais, and to bring a certification from thence that he hath so done;"-and also, So much of a statute made in the eighteenth year of the reign of the said King Henry the Sixth, whereby it is ordained, "That no manner of person shall carry or do to be carried any wools or woolfells customable out of the realm to other places than to the staple of Calais without the King's special licence upon pain of felony; and that if any person do contrary thereto and thereof be convicted or attainted, that he be adjudged for a felon," and also, So much of the said statute as relates to the inquiring hearing and determining of such offences;-and also, So much of a statute made in the twentieth year of the reign of the said King Henry the Sixth, as relates to a certain ordinance of partition made upon wools and woolfells in the staple at Calais;-and also, So much of a statute made in the twenty-seventh year of the reign of the said King Henry the Sixth, whereby it is ordained and established, "That the mayors constables and fellowship of merchants of the staple of Calais for the time being, and their successors for ever, may have and enjoy all their franchises and liberties, and every of them, and whole repair of all manner of merchandizes to the said staple by the said King or his progenitors to them or to their predecessors or any of them, by the authority of Parliament granted or confirmed not repealed nor accepted;" and also, So much and all such parts of the said last-mentioned statute as in any way relate to the said mayor constables and fellowship and their successors, or to any powers authorities or privileges to be used or exercised by them or to any action or suit to be brought by them under the said statute; and also, So much and such parts of the said statute as relate to any licence for shipping wools woolfells or tin out of the realm of England Ireland or Wales, to any other place than to the staple of Calais; or to the shipping or carrying any wools woolfells or tin out of the realm by colour of any licence and putting them to sale in any other port or place out of the realm than at the said staple of Calais; or to any penalties or forfeitures of money goods or chattels imposed or inflicted in respect of any such offences by the said statute; or to any powers of seizing any wools woolfells or tin carried or shipped contrary to the said statute; or to any penalties or any customer, comptroller, searcher, or surveyor, admitting any such wools woolfells or tin to be shipped to any other port or place than to the said staple, or willingly suffering any such merchandizes to pass out of the realm not customed or not weighed at the King's beam: or to the mode of recovering such penalties; or to the trial of any thing done contrary to the ordinance of the said statute either within the realm or without; and also, So much and such parts of a statute made in the third year of the reign of King Edward the Fourth, as relates to the buying or shipping of wools or woolfells morling or shorling by aliens or strangers within the realm or the carrying the same by them out of the realm; or to the carrying any wools, woolfells, morling, or shorling, out of the realm by any person, stranger, alien, or denizen, or to the shipping or carrying such wools, woolfells, shorling, or morling, to any place out of the said realm except to Calais; or to the shipping any wools, woolfells, shorling, or morling, of the growing within any of the counties of Northumberland Cumberland and Westmorland or within the bishoprick of Durham; or to any pain penalty or forfeiture whatever in respect of any offences against the said provisions of the said statute ;-and also, So much of the said last-mentioned statute whereby it is ordained and established, "That no merchant of the said staple of Calais shall sell or utter any wools, woolfells, morling, or shorling, or any other merchandizes of the staple at the said staple, but that he before or upon delivery of the same receive and take ready payment and contentation for the same in manner directed by the said statute upon the penalty or forfeiture in the said statute mentioned; and that no merchant of the said staple shall sell or utter or alter the property from him of the said merchandizes of the staple nor no part of the same at any place out of the realm other than at the said staple of Calais ;"-and also, So much and such parts of a statute made in the fourth year of the reign of the said King Edward the Fourth, whereby it is granted ordained and established, "That all wools and woolfells shorling and morling that shall be shipped to pass out of the realm shall be shipped at the towns of such ports wherein the King hath his beam his weights and collectors of the customs to serve and deliver the merchandize as specified and set forth in the said statute; and that every person that so shall ship or cause to be shipped out of this realm any wools, woolfells, shorling, or morling, upon the shipping of them and before that they pass out of any of the said towns where they shall be shipped shall find surety to the King and the collector of his customs there that the same wools, woolfells, shorling, and morling, shall pass to Calais and to none other place without fraud or collusion ;"-and also, So much of the said last-mentioned statute as relates to any certificate of the customer testifying the coming of all such ships with wools, woolfells, shorling, and morling, to Calais, or as imposes any penalty on such customer not giving such certificate, or on any person not bringing in such certificate, or on any person doing contrary to the said statute, or as relates to the application or recovery of any such penalty;-and also, So much of the said last-mentioned statute as relates to the shipping of any wool or woolfells, morling or shorling shipped at the port and town of Newcastle, or as imposes any penalty or forfeiture in respect of any such wools, woolfells, morling, or shorling, at the said town or port, or as relates to the application or recovery of any such penalty or forfeiture;—and also, So much of a statute made in the twelfth year of the reign of the said King Edward the Fourth, whereby it is enacted ordained and established, "That all the wools woolfells and fells called shorling and morling growing within the realm (other than in the said statute are excepted) to be shipped and conveyed out of the realm shall be conveyed to the staple of Calais and to none other place, and that if any man do the contrary and thereupon be duly convict that then he shall stand and be of like condition as a man attainted of felony after the course of the common law, and shall incur like pain and forfeiture as he so attainted for the same should do ;"-and alsó, So much of the said last-mentioned statute whereby it is ordained, "That all wools and woolfells and fells called morling and shorling growing or being in any county of the realm or in Wales or in the markets of the same other than before excepted to be carried out of the realm shall be conveyed to the said staple of Calais 4 E. 4. c. 3. Shipping Wools at Newcastle. 12 E. 4. c. 5. Exporting Wools to Calais, &c. No. CX. 3 Geo. IV. c. 41. 14 E. 4. c. 3. and to none other place upon the same penalty and forfeiture; the prerogative of the King to grant any licence to the contrary except;"-and also, So much of a statute made in the fourteenth year of the reign of the said King Edward the Fourth, whereby it is ordained and established, "That the Act of the twelfth year of the reign of the said King Edward the Fourth, immediately herein-before recited, should be in full strength and effect in every point thereof, saving only as in the said statute of the said fourteenth year is saved and excepted;"-and also, So much of the said statute of the said fourteenth year as relates to wools woolfells and fells called shorling and morling growing and being within the counties of Westmorland, Cumberland, Northumberland, the bishoprick of Durham, Richmondshire, and Allerton, to be carried out of the realm: And the said several statutes and ordinances herein-before recited and so much and such parts of the several other statutes as are herein-before recited and set forth are hereby accordingly repealed, &c., except so far as, &c. except as they repeal former Statutes. The said Statutes, &c. repealed accordingly; Certain Acts and Parts of Acts relating to 1 H. 7. c. 3. 37 H. 8. c. 15. 5,6 E. 6. c. 7. Buying Wool. 5 El. c. 22. § 3. Exporting Staple Wares. (Irish Act.) 13 El. c. 1. Export by Staple Merchants. Recited Acts repealed accordingly; except as they repeal former Acts. Proviso for Sta- 15 R. 2. c. 9. &G. 1. c. 25. VI. And be it further enacted, That from and after the passing of this Act The several Acts hereafter mentioned or so much and such parts of the said Acts respectively as are herein-after recited to be repealed; that is to say,-an Act made in the first year of the reign of King Henry the Seventh, intituled An Act that no Protection shall be allowed before the Mayor of the Staple at Calais;-and also, So much of an Act made in the thirty-seventh year of King Henry the Eighth, intituled An Act against regrating of Wools, as relates to the buying of any wool by merchants of the stable at Calais and their servants and factors for the only provision of the said staple and to be shipped only to the said staple;— and also, So much of an Act made in the Parliament holden in the fifth and sixth years of the reign of King Edward the Sixth, intituled An Act limiting the Time of buying and selling of Wools, as relates to the buying of wool by any merchant of the staple at Calais or his or their apprentice or apprentices to be shipped to the staple at Calais and to the sale by the said merchants of the staple of any refuse coarse wools and locks such as is not mete for the staple;-and also, So much of an Act made in the fifth year of the reign of Queen Elizabeth, intituled An Act against the carrying of Sheep Skins and Pelts over the Sea not being Staple Ware; whereby it is provided, "That it shall and may be lawful to the merchants of the staple their servants factors and attornies and every of them to carry and transport all such lawful wares as theretofore they had been accustomed and lawfully might;-and also, an Act made in the Parliament of Ireland in the thirteenth year of the reign of Queen Elizabeth, intituled An Act that such Cloth and Stuff as shall be wrought of the Wool Flocks, Linen Yarn, Wollen Yarn, Sheep Fell, Calf Fell, Goat Fell, Red Deer Fell, or Fallow Deer Fell, within this realm, shall be transported for Merchandize only by the Merchants within every the Staple Cities and Towns of this Realm, aud by the free Merchants of the Boroughs and privileged Towns, and by none others;"-and the said several Acts beforementioned or so much and such parts of the said several Acts respectively as are herein-before respectively recited and set forth are hereby accordingly repealed, &c., except so far as, &c. VII. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to repeal or alter the several statutes or Acts or parts of statutes or Acts or any of them herein-after mentioned; that is to say, a statute made in the thirteenth year of the reign of King Edward the First, usually called the statutes of merchants; So much of the herein-before mentioned statute of the staple or ordinance of the staples made in the twenty-seventh year of the reign of King Edward the Third, as relates to recognizances acknowledged in the staples for recovery of debts;-So much of a statute made in the fifteenth year of King Richard the Second, whereby so much of the said lastmentioned statute of the twenty-seventh year of King Edward the Third as relates to the said recognizances is confirmed or amended;-So much of a statute made in the fifth year of the reign of King Henry the Fourth, as relates to the regulating of executions upon statutes merchants;-So For No. CX. c. 41. as to Proceedings on Recognizances by Statutes Staple. much of a statute made in the eleventh year of the reign of King Henry the Sixth, as relates to the regulating proceedings on writs of scire facias 3 Geo. IV. to defeat executions on statutes staple; -the whole of an Act obligations to be taken by the two chief justices the mayor of the staple and the Recorder of London, made in the twenty-third year of the reign of King Henry the Eighth, and intituled An Act concerning before whom Recognizances of Debt shall be made, and the Form of the Obligation ;So much of an Act made in the twenty-seventh year of the reign of Queen Elizabeth, intituled An Act against covenous and fraud.lent Conveyances, as in any way relates to or concerns recognizances by statutes merchant or statutes of the staple;-an Act made in the eighth year of the reign of King George the First, intituled An Act for supplying some Defects in the Statute of the twenty-third of King Henry the Eighth, intituled · An Act for Obligations to be taken by the Two Chief Justices, the Mayor of the Staple, and the Recorder of London,' and for setting down the Time of signing Judgments in the Principality of Wales and Counties Palatine; but the said several statutes and Acts and the several provisions therein contained so far as the same relate to such obligations and recognizances shall be and remain, and the same are hereby declared to be and remain in such force and effect as the said statutes or Acts and the said provisions contained therein or in any of them were immediately before the passing of this Act. VIII. Provided also and be it enacted, That nothing in this Act contained shall extend or be construed to extend to repeal so much or such part of the said recited statute made in the twenty-eighth year of the reign of King Edward the Third, confirming the ordinance of the staple whereby it is accorded and established, That in all manner of inquests and proofs which be to be taken or made among aliens and denizens be they merchants or other as well before the mayor of the staple as before any other justices or ministers although the King be party, the one half of the inquest or proof shall be of denizens and the other half of aliens if so many aliens be in the town or place where such inquest or proof is to be taken that be not parties nor with the parties in contracts pleas or other quarrels whereof such inquests or proofs ought to be taken; and that if there be not so many aliens then shall there be put in such inquests or proofs as many aliens as shall be found in the same towns or places which be not thereto parties nor with the parties as afore is said; and the remnant of denizens which be good men and not suspicions to the one party nor to the other:'-nor to extend nor be construed to extend to repeal or alter so much of a statute made in the eighth year of the reign of King Henry the Sixth, whereby it it is declared that so much of a statute made in the second year of the reign of King Henry the Fifth, as is recited in the said statute of the eighth year of King Henry the Sixth shall extend only to inquests to be taken between denizen and denizen; and that so much of the said statute of the twenty-eighth year of the reign of King Edward the Third, as is herein before recited shall be put in due execution; and so much and such parts of the said several statutes as relates or relate to such inquests and proofs shail be and remain, and the same is and are hereby declared to be and remain in full force and effect; any thing in this Act contained to the contrary in anywise notwithstanding. IX. Provided also and be it enacted, That nothing in this Act contained shall extend or be construed to extend to repeal any of the statutes or Acts or parts of statutes or Acts herein-before mentioned so far as the same or any of them may relate to the contents of tuns, pipes, tertians, hogsheads, or other vessels of wine oil honey and other gaugeable liquors or articles imported into the city of London or the liberties thereof or the gauging thereof which the mayor and commonalty and citizens of the city of London are by divers grants and charters of His Majesty's royal predecessors or claim to be authorised or empowered to guage within the city of London and the liberties thereof; nor to repeal the duty called gauge which the said mayor and commonality and citizens are entitled or claim to have receive and enjoy by virtue of the aforesaid grants or char Proviso that so 2 H. 5. st. 2. main in force. |