Trade with France Act 1688

Mischiefs from Importation of French Commodities and Manufactures.

Importation of French Commodities prohibited for Three Years; such Importation a common Nuisance.; Such Commodities may be seized and carried to the King's Warehouse.; Persons claiming such Goods shall give Security to answer Penalty, otherwise such Goods deemed to be imported; and after Security given, Claim and Security to be registered.; on Default of giving Security and making Claim within a Time limited, Goods deemed imported.; If Security given, the Importation shall be tried in the Exchequer.; Jury may judge of the Quality of Goods on Taste or View, and ascertain what are French Commodities.; If Jury find the Goods to be French,; then such Goods shall be destroyed.; Certificate of Destruction of Goods.; Saving such Goods.; Penalty.

Forasmuch as your Majestyes upon just and honourable grounds have beene pleased to declare an actuall Warr with France and to enter into severall Confederacies for carrying on the same and that it hath beene found by long experience that the Importing of French Wines Vinegar Brandy Linnen Silks Salt Paper and other the Commodities of the Growth Product or Manufacture of France or of the Territories or Dominions of the French King hath much exhausted the Treasure of this Nation lessened the value of the native Commodities and Manufactures thereof and greatly impoverished the English Artificers and Handycrafts and caused great detriment to this Kingdome in generall Bee it therefore enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authoritie of the same That from and after the foure and twentyeth day of August in the yeare of our Lord one thousand six hundred eighty nine none of the Commodities aforesaid or any other Goods or Commodities whatsoever of the Growth Product or Manufacture of any of the Dominions or Territories of the French King or any Goods Commodities or Manufactures made of or mixed with Silke Thread Wooll Haire Gold Silver Leather or other Goods or Commodities being of the Growth Product or Manufacture of any the Dominions or Territories of the French King shall dureing or within the Terme of three yeares to be accounted from the said foure and twentyeth day of August or at any time or times before the end of the first Session of Parlyament next after the Expiration of the said three yeares be brought in by Land or shall be imported in any Shipp or Shipps Vessell or Vessells whatsoever into any Port Haven Creeke or other Place whatsoever in the Kingdoms of England or Ireland the [X1 Dominion] of Wales or Towne of Berwicke upon Tweede or Isles of Jersey Guernsey Alderney Sarke or Isle of Man from any place or Port whatsoever either mixt or unmixt with any Commodity of the Growth or Product of any other Nation Place or Country whatsoever And that all and every Importation and Importations vending or selling or uttering or retailing of any French Wines Vinegar Brandy Linnen Silks Salt or Paper or other Com[m]odities imported contrary to this Act or any of them shall be and is hereby declared and adjudged to be a common Nusance to this Kingdome in generall and to all their Majesties Subjects thereof And that if any French Wines Brandy Vinegar Linnens Silks Salt Paper or other Commodities whatsoever (mixt or unmixt) shall be imported contrary to this Act the same soe imported in whose Hands or Custodie or in what place soever they shall or may remaine or be found or kept shall and may be forthwith seized and carryed by any person or persons whatsoever into their Majestyes Warehouse of the Port or place where such Goods shall be seized or to the Warehouse of the next Port Member or Creeke to the place of such Seizure And if any person or persons shall make any Claime to all or any part of the said Goods soe seized and brought in as aforesaid he shall be obliged to tender good and sufficient Security to answere the Penalties of the said Act and to make the said Claime within twenty dayes after such Seizure to the Collector or Customer or his sufficient Deputie where noe other Collector is established or to the Commissioners of the Customs in time of Vacation or within ten dayes in Terme time by delivery of a Bill to such Officer subscribed with his Name Addition and place of abode together with the particulars of the respective Goods by him soe claimed and date of such Claime and the Names of two or more such sufficient persons whome he shall propose and tender to be security with him to answere the Penalties of the said Act and every one of them being worth five hundred pounds at the least and to be approved of by the said Commissioners Collectors or Customers to whome the persons are alsoe to be tendred at the same time and if approved to give Bond unto their Majestyes in the penall summe of double the value of the Goods and the Penalties in this Act to answere the Value of the Goods and other Penalties in this Act and after such Security given the said Claime with the Names of the persons giveing such Security and the Summe and Date of the said Bonds to be registred in a Booke herein after mentioned to be kept in the Warehouse for that purpose and subscribed by the said Claimer and Collector or Customer to whome such Bill shall be delivered And in case Default shall be made in giveing such Security and makeing such Claime within the times limitted as aforesaid That then and in every such case the said Goods shall be adjudged deemed and taken to all intents and purposes to be imported contrary to this Act and to be forfeited to their Majestyes and shall within seven dayes after such default be destroyed in such manner as is herein after appointed but in case such Security shall be given and Claime made in manner as aforesaid an Information thereof shall the next Terme or sooner as soone as the Method and Course of Proceedings will admitt be exhibited into their Majestyes Court of Exchequer and all the Barons and Officers of the said Court of Exchequer are hereby required and strictly enjoyned to cause due speedy and effectuall Prosecution in the said Court of every such Information and not to grant any Writt of Delivery or Restitution for such Goods or any of them on any Security or pretence whatsoever untill the Cause shall be finally determined in Law by or upon the Verdict of a Jury of twelve good and lawfull Men to be returned by the proper Officers in the presence of a Commissioner of the Customs in London and in the presence of the principall Officer in such Out-Port where the Goods soe seized shall be brought and lodged as aforesaid Which Jury upon the Taste or View of any of the Commodities seized or stayd as aforesaid or upon proofe before them made shall and may judge the Quality and Value thereof and whether any of the Commodities soe seized and which of them were of the Growth Product or Manufacture of any of the Dominions or Territories of the French King or mixed with any Goods or Commodities of such Growth Product or Manufacture or were imported contrary to this Act and in what Shipp or Shipps Vessell or Vessells the same were imported and by whome the same were imported or vended retailed or sold and in whose Custodie they were at the time when the said Seizure or Stay was made and whether the said Commodities or any of them or any part of them were of the Growth Product or Manufacture of any of the Territories or Dominions of the French King or mixed with any Goods or Commodities of such Growth Product or Manufacture and in case the said Jury shall finde and returne their Verdict upon their Oaths that the Commodities soe seized or stayd or any of them or any part of them or any of them were of the Growth Product or Manufacture of any of the Dominions or Territories of the French King or mixed with any Goods or Commodities of such Growth Product or Manufacture that then immediately Judgement shall be passed upon the Goods soe found and the Judgement executed accordingly (to witt) That all such Wines Vinegar and Brandies or other liquid Commodities soe found whether single or mixt shall in some River Streame or Sea neare the place where they were soe seized or shall remaine in the Warehouses as aforesaid be there staved and spilt and destroyed and the said Linens Silks Salt or Paper and other Commodities soe found by the said Jury (whether mixed or unmixed) shall be publickly burnt and destroyed in the open Fields or Streets neere the place where they were soe seized or shall remaine in the Warehouses as aforesaid in the presence of one of the Sheriffes of the City of London in the Port of London the Chiefe Magistrate in every other Port or place who are hereby required upon Notice of the Chiefe Officer of the Customs in such Port to be present at and assisting in the destruction of the said Goods to prevent all Abuses Hindrances or other Disturbances or Frauds in the destruction of the same as alsoe to open view taste and examine the said Commodities as to kinde quality and quantity according to the first Entry made in the Warehouse Booke and to joyne with the Collector Customer or his sufficient Deputy who are alsoe required to be present at the destruction thereof in a Certificate of the same to be entred in the said Booke under their Hands as aforesaid on the day of the destruction thereof And that noe person or persons whatsoever doe presume to take up or save any of the said Com[m]odities soe adjudged to be spilt burnt or destroyed under the penalty of forty shillings over and above the value of the said Goods

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: Dominions O. [O. refers to a collection in the library of Trinity College, Cambridge]