October 1650: An Act touching the sale of Corn and Meal.

October, 1650

[23 October, 1650.]

No persons to buy Wheat or other grain, to sell in meal, without License,; on pain to forfeit the treble value.

Forasmuch as of late time there hath been great spoil and destruction made of Wheat, and other Corn and Grain of all sorts, and converting the same into Meal and Flour, and selling the same in private Houses, Warehouses and Shops, without bringing the same into the common and publique Markets; Be it Enacted by this present Parliament, and by Authority thereof, That from and after the twentieth day of November, One thousand six hundred and fifty, no maner of person directly or indirectly, by himself or others, shall buy any Wheat or other Grain, with intent to put the same to sale in Meal, Flour or otherwise, but such onely who shall to that purpose obtain a License, granted in the open Sessions of the Peace, and Signed and Sealed with the proper Hands and Seals of five or more Justices of the Peace, then sitting, for such City, County or place where such sale shall be made, upon pain and forfeiture of treble the value of the said Grain or Meal, and two Moneths Imprisonment without Bail or Mainprize.

No Meal to be sold but in open Market.

And be it further Enacted by the Authority aforesaid, That no Meal shall from the said Twentieth day of November, One thousand six hundren and fifty, be sold in any Shops, Houses, Warehouses, or other places within the City of London, or within Twenty miles thereof; Nor from and after the Twentieth day of February, One thousand six hundred and fifty, in any other City, Town. Borough, or other place within this Commonwealth, in any Shops, Houses, Warehouses or other places, but onely in the common publique Market-place usual for that purpose, upon the like pain and forfeiture as aforesaid.

No Meal to be sold, but as it goes from the Mill.; Forfeitures how to be recovered and disposed.; License not to be granted but upon security.

And be it further Enacted, That no Meal shall be sold, but in the same quality and condition as the same goes truly and really from the Mill, without any mixture whatsoever; And also that no person shall use any Boulting-Mill, or other Instrument for Dressing, Boulting or Sifting any Corn or Grain whatsoever, with intent to sell the same in Meal or Flour, upon the like pain and forfeiture as aforesaid: All which said Forfeitures shall and may be recovered by Bill, Plaint, Indictment or Information in any Court of Record, by any person who will sue for the same; the one moyety thereof to such person suing, besides his Costs in prosecuting the same, and the other moyety to the Poor of the Parish where the Offence shall be committed; Provided such Bill, Plaint, Indictment or Information, be had or commenced within six Moneths after the Offence done or committed: Provided also, such License as is aforesaid shall not be granted, but upon the parties first entring into Security by Bond or Recognizance, well and truly to observe and perform in all things the Provisions in this Act mentioned, according to the true intent and meaning thereof.

Who shall be an Engrosser within 5 & 6 Edw. 6.

And be it further Enacted and Declared, That the buying of Corn, to the intent to sell the same in Meal or Flour, without License obtained as aforesaid, shall be adjudged, reputed and taken an unlawful Ingrossing, and the Offender and Offenders therein shall be punished as Ingrossers of Corn and other dead Victual are punished by the Statute of 5 and 6 Edw. 6. Entituled, Who shall be Adjudged a Forestaller, who a Regrator, and who an Ingrosser, and the Punishment of them.

No Certiorari or Habeas Corpus to be granted.

And because the punishment of many Abuses are daily prevented, and Prosecutors discouraged by the familiar bringing of Writs of Certiorari, and Writs of Habeas Corpus in Indictments, Actions and Informations commenced upon Penal Laws; Be it Enacted by the Authority aforesaid, That from and after the said Twentieth day of November, One thousand six hundred and fifty, no Writ of Certiorari or Habeas Corpus shall be granted or allowed in any Action, Bill, Plaint, Indictment or Information, commenced or to be commenced upon this or any other Penal Law, concerning the buying, selling, searching, viewing, ordering or disposing of any Corn, Wine, Beer, Ale, Fish, Flesh, Salt, Butter, Cheese, or other dead Victual whatsoever; But that the granting or allowing the said Writs in the Cases aforesaid, shall be utterly void and null; And all Judges, Justices, Stewards of Courts, Prosecutors, Plaintiffs, Informers, and all other persons interessed therein. or who have cognizance thereof, shall and may proceed as if the said Writ of Certiorari or Writ of Habeas Corpus had never been granted or allowed, Any Law, Statute, Usage or Custom to the contrary in any wise notwithstanding.

General Issue to be pleaded.

And for ease of Pleading to all maner of persons which shall or may be sued upon this Act, or for any other matter, cause or thing whatsoever, in any Court of Record within the Commonwealth of England; Be it Enacted by the Authority aforesaid, That from and after the said Twentieth day of November, One thousand six hundred and fifty, it shall and may be lawful, to and for any person or persons, Defendant or Tenant, for or by reason of any matter to be pleaded, set forth or alledged in Bar to any Action, Real, Personal or Mixt, that shall be commenced in any of the Courts aforesaid, to plead the General Issue of Not guilty, or the like General Issue proper to the nature of the Action or Suit commenced; and for his or their Discharge or Acquitting, to give any such matter in Evidence to the Jury that shall try the same; and the said matter shall be as available to such person or persons, Defendant or Tenant, to all intents and purposes, as if the said matter had been specially pleaded, set forth or alledged in Bar of such Action, Any Law, Statute, Usage or Custom to the contrary in any wise notwithstanding.