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A74485 An act for regulating the making of stuffs in Norfolk and Norwich. Saturday the 12th of November, 1653. Ordered by the Parliament, that this act be forthwith printed and published. Hen: Scobell, Clerk of the Parliament. England and Wales. Parliament. 1653 (1653) Thomason E1062_25; ESTC R209423 6,119 12

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AN ACT For Regulating the making of STUFFS IN Norfolk and Norwich WHereas divers Abuses and Deceits have of late years been had and used in the making of Worsteads and other Stuffs commonly called Norwich Stuff● and in the Reeling of the Yarns whereof the said Stuffs are either wholly or in part made all which tends to the debasing of the said Manufacture unto the prejudice of the publique For prevention of all which Abuses and Deceits It is Enacted by this present Parliament That from henceforth there be and shall be a Corporation within the said City and County of Norwich and County of Norfolk consisting of two Presidents twelve Wardens and forty Assistants all which are to be Master-Weavers within the places aforesaid And one of the said Presidents and six of the said Wardens and twenty of the said Assistants shall be yearly chosen upon the last Wednesday in the moneth of November at some publique place by the Master-Weavers or the greater part of them present of the said city and county of Norwich and the other of the said Presidents six Wardens and twenty Assistants shall be chosen on the same day in some publique place by the Master-Weavers or the greater part of them present of the county of Norfolk And the said twelve Wardens respectively shall within fourteen days after they shall be so chosen or elected before the Major of Norwich for the time being or his Deputy or any one Iustice of the Peace of the county of Norfolk for the time being if he be present otherwise before the said Major or his Deputy onely declare as followeth I A.B. do promise That I will under the Penalties and Forfeitures contained in this Act well and truly perform and discharge the Office of a Warden of the Corporation of the Worstead-Weavers according to this Act and the Rules and Orders made and to be made by the said Corporation by vertue of the same And be it further Enacted by the Authority aforesaid That the said Presidents Wardens and Assistants for the time being shall for ever hereafter in Name and Fact be one Body Politique and Corporate in Law to all intents and purposes and shall have a perpetual Succession and be called by the name of the Presidents Wardens and Assistants of the Worstead-weavers of the city and county of Norwich and county of Norfolk and sue or plead and be sued or impleaded by the name aforesaid in all Courts and places of Iudicature within this Nation and by that name shall and may without License in Mortmain purchase take or receive any Lands Tenments or Hereditaments of the Gift Alienation or Demise of any person or persons who are hereby without further License enabled to transfer the same and any Goods or Chattels whatsoever for the use and benefit of the Corporation aforesaid not exceeding the yearly value of One thousand pounds And for the Regulation and good Government of the said Trade and Manufacture The said Corporation or any Thirteen or more of them whereof one President and seven or more Wardens to be present shall have hereby power and authority from time to time to meet and keep Courts for the ends in this Act mentioned within the city of Norwich at such time and place as shall be appointed by the said Presidents or one of them and Wardens or the greater number of them for the time being who are hereby required upon the desire of any Eight or more of the said Assistants at any time to warn and keep a Court accordingly And the said Corporation or any thirteen or more of them whereof one President and seven or more Wardens to be present as aforesaid or the greater number of them shall have and hereby have power and authority from time to time to make and appoint a common Seal or several common Seals for the use of the said Corporation and to make By-laws Rules and Ordinances for and concerning the Regulation of the premises and of such particulars as shall be by them or the greater number of them found requisite for the better regulation of the said Trade and Manufacture and the due execution of this Act which By-laws Rules and Ordinances being confirmed and ratified by the Major and one Iustice of the Peace for the time being of the said city and county of Norwich and two other Iustices of the Peace of the said county of Norfolk or the greater number of them shall be obeyed and kept by the several persons within or under the Government of the said Corporation or Regulation And the said Court have hereby power to impose a Fine or Penalty upon any person or persons of the said Corporation that shall not conform to such Rules Orders and Ordinances so made as aforesaid Provided the said Fine or Penalty on any person for not conforming exceed not the sum of ten shillings for one Offence the said Fines and Penalties to go to the use of the said Corporation And it is further Enacted That the Weavers of the said Corporation that are within the City and County of Norwich shall from time to time give notice unto the Weavers of the said County of Norfolk of the time and place when and where they shall intend to consider of the making of any By-Laws Orders or Ordinances as aforesaid by Publication of such their purpose and intent to their open Court Fifteen days at least before they shall proceed to make the same And it is further Enacted That if any person or persons shall be duly chosen as above-said to be a Warden or Wardens of the said Corporation and after such election and due notice thereof given him or them he or they shall refuse or wilfully neglect to undergo and execute the place and duty of a Warden or Wardens according to the purport of this Act such person or persons so refusing or neglecting shall each of them have a Fine imposed on them by the said Corporation the said Fine not exceeding Ten pounds the said Fine to go to the use of the Corporation And for the better Regulation and carrying on of the Work aforesaid and avoiding of all Frauds and Deceits therein Be it further Enacted by the Authority aforesaid That all Yarns called Worstead-yarns or used by the Worstead-weavers shall be made without fraud and shall before the same be put or offered to sale be reeled on a Reel of a full yard about every Reel-staff containing Fourteen Leas and every Lea containing Forty thrids Twelve of those Reel-staves making a Dozen and Twelve of those Dozens making a Gross And in case any person or persons shall after offer to put to sale any the Yarns aforesaid within the City of Norwich or County of Norfolk made and reeled in any other maner then as aforesaid that then it shall and may be lawful to and for the Presidents Wardens and Assistants aforesaid or any two or more of them to seize take and carry away all such Yarn as is defective and
false as abovesaid The same to be within Eight days after such seizure brought into the Common-Hall of the Corporation aforesaid and within Twenty days after such seizure to be brought to a Trial by a Iury of Twelve honest and able Artificers of the same Regulation whereof Six to be of the City and County of Norwich and other Six of the County of Norfolk which Twelve Artificers the Major of the City of Norwich or his Deputy for the time being are hereby authorized to summon and warn to appear at the Guild-hall of the said City at time certain by him to be appointed and to be impannelled and sworn to enquire of the Defects of the said Yarn contrary to this present Act which Oath the said Major or his Deputy are hereby authorized to give And for such and so much Yarn aforesaid as shall be so found and presented by the said Iury to be Defective the said Iury shall have and hereby have power to set and impose such Fine or Fines upon the Owners thereof as in their discretion shall be thought meet not exceeding the value of the Moyety of such Defective Yarns which said Fines the Owners of the said respective Yarns shall pay unto the Wardens of the said Corporation or one of them to and for the use of the Poor of the said Corporation within Forty days after the same Fine shall be so set or in default thereof the said Wardens shall put to sale the said Yarns rendring the overplus to be raised by sale thereof unto the said Owners upon demand And it is hereby further Enacted and Ordained That if the said Yarn shall not be presented and found by a Iury of Twelve men as aforesaid to be defective as aforesaid so as the same shall appear to be seized without just cause as aforesaid That then he orthey that shall so seize the same shall forfeit to the owner or owners of the Yarn so seized the treble value of the Yarn so seized and three times so much damages as he or they shall and may sustain by such seizure or by means or reason thereof the same to be adjudged and taxed by the Major of the said City of Norwich or his Deputy for the time being and be levied by sale of the Offenders goods by warrant under the hand and seal of the Major of the City of Norwich or his Deputy for the time being if such seizure shall be made within the said City of Norwich or County of the same And if such seizure shall be made within the County of Norfolk the same to be adjudged and taxed by any one or more Iustices of the Peace within the said County of Norfolk and to be levied by Warrant under the hand and seal of any one or more such Iustice or Iustices of the Peace of the said County of Norfolk And it is hereby further Enacted That all sorts of Stuffs whether woven of Wool onely or of Wool and other materials within the City and County of Norwich and County of Norfolk or either of them shall be under the Power Government and Regulation of the said Corporation in such maner as by this and other Acts of Parliament and the By-Laws made and to be made by vertue hereof are or shall be established Except such Stuffs as are under the Regulation of the Wardens and Fellowship of the Mystery of Russel-Sattins Sattins-Reversees and Fustian of Norwich making within the said City of Norwich And that all Stuffs made or to be made under the Regulation aforesaid before the same shall be offered or put to sale shall be brought to some convenient place within the said County of the City of Norwich to be appointed by the said Wardens or the more part of them to be viewed and searched by the said Wardens or any two of them And if the same shall be found to be well and sufficiently made and wrought according to the Rules and Ordinances of the said Corporation for the time being Then all such Stuffs shall be by the said Wardens or any two of them sealed and alowed accordingly without any sum of moneys paid or to be paid for the same And if upon search or view thereof any such Stuffs shall be found and appear to be defective contrary to the Rules and Ordinances of the said Corporation Then such defective Stuffs shall be seized by the said Wardens or any two of them and shall be from time to time Ordered and brought to Trial proceeded on and fined in such maner and form as is in this present Act before limited and appointed for the defective Yarns aforesaid And it is further Enacted That if any Warden or Wardens shall at any time seal or cause to be sealed any Stuffs made under this Regulation which shall afterwards be discovered by any person to be defective and found so to be by a Iury impanneled as aforesaid The said Iury shall have and hereby have power to set and impose a Fine upon the Wardens of the said Corporation for every such defective piece so sealed as they in their discretion shall think fit the said Fine not exceeding Forty shillings the same to be divided into three equal parts One third part whereof to go to the use of the Informer another third part to the Corporation and the other third part to the use of the Poor of the said Corporation Provided That if the said Wardens shall be unjustly molested and that such Stuffs upon trial shall be found by the Iury to be good and duly made the person or persons so causelesly molesting shall pay to the said Wardens so unjustly molested treble the damages they shall or may sustain by such molestation the said forfeitures and damages to be adjudged and taxed by the Major of the city of Norwich or any one or more of the Iustices of the Peace of the county of Norfolk respectively as aforesaid And if any person shall buy or sell any piece of Stuff made under the regulation of this Corporation unsealed and being thereof convicted by his own confession or the oaths of two or more witnesses before the Major of the said city of Norwich or his Deputy for the time being or before any Iustice of the Peace for the time being for the county of Norfolk who have hereby power to administer an Oath for that purpose the said person if he be a buyer shall forfeit for every piece of Stuff so bought unsealed Four shillings and if a seller for every piece so sold shall forfeit other Four shillings the same to be divided into equal halfs one moyety whereof shall go to the use of the Corporation aforesaid and the other moyety to the use of the poor of the said Corporation And if any Stuff made under the said Regulation shall be found in the possession of any person or persons except of the first Owner or Maker thereof the person and persons in whose custody the same shall be so found shall be adjudged guilty of deceit and shall be lyable unto the payment of the Fines and Forfeitures payable by this Act both from the Seller and Buyer of Stuff unsealed as foresaid And if any person counterfeit any Seal of the said Wardens or seal any piece of Stuff with any seal that shall be counterfeit every person so offending and being thereof convicted as aforesaid shall forfeit the sum of Twenty pounds to and for the use of the poor of the said Corporation which said Penalties and Forfeitures respectively with all other Fines and Forfeitures mentioned in this Act shall be levied by Distress and Sale of the Goods and Chattels of the Offender or Offenders by Warrant to be granted from the said Major or Iustice of Peace respectively before whom such conviction shall be rendring the Overplus to the Owner or Owners thereof and for default of Goods and Chattels whereon to levy the said Forfeiture of Twenty pounds the party so offending shall be committed to the publique Work-house there to be continued at hard labor during the space of three Moneths unless he shall at any time within the said term pay the Forfeiture of Twenty pounds as aforesaid And the said Presidents Wardens and Assistants or any two or more of them shall have and hereby have power to enter into the house and work-house of any Artificer witin the said City of Norwich and county of Norfolk under the Regulation of the said Corporation at all times of the day and usual times of working and opening of Shops and into the Shops Houses and Ware-houses of any Merchant common Buyer Dealer in and Retayler of any the said Stuffs and into the Houses or Work-houses of any Dyer Sheerman Calender and all other workmens houses and places of sale or dressing of the said Stuffs or selling of yarns and may there search and view the Yarn and Stuffs respectively whether they be ordered and made according to the Laws Orders and Ordinances of the said Trade And if any Stuff or Materials aforesaid shall be found faulty or defective to seize take and carry away the same to be ordered brought to tryal and proceeded in maner and form as is before in this Act mentioned and appointed for defective Yarns and Stuffs And all Majors Iustices Sheriffs Bayliffs Constables and Officers shall be aiding and assisting to the said Presidents Wardens and Assistants or any of them as often as they shall be thereunto required and in all Actions or Suits that shall be brought against any person or persons for any acting according to the true intent and meaning of this Act that such person or persons shall or may plead the general Issue of Not guilty and give the special Matter in Evidence and shall recover double Costs if the Verdict pass or fhim and them or that the Plaintiff or Plaintiffs be non-suited Provided always That this Act nor any thing therein contained shall not be prejudicial or hurtful to the Weavers of the Towns of Great Yarmouth and Lyn in the said county of Norfolk or either of them to deprive them or either of them of such Liberties or Priviledges as are granted unto them by an Act of Parliament made in the Fourteenth year of the Reign of King Henry the Eighth or by any other Act of Parliament whatsoever Saturday the 12. of November 1653. ORdered by the Parliament That this Act be forthwith printed and published Hen Scobell Clerk of the Parliament