The Smugglers' City
Department of History, University of Bristol

Act for Preserving Navigation of the River Severn, 1543

Source: Statutes of the Realm, Vol. III, pp. 906-7

p. 906

CHAPTER IX: 'An Act for the Preservacion of the Ryver of Severne':

WHERE divers persones as well inhabytauntes fermers and dwellers nere unto the streme of Severne and unto the crykes and pilles of the same, from Kingrode upwarde towarde the Citie and Towne of Gloucestre, conveyeth and carieth graine and corne out of the Realme of Englande, unto the parties beyonde the Sea, where graines are verye deare, and nowe of late tyme have made picards and other greate botes with fore mastes of the burden of xv toon and so to xxxvi toonne, and by reasone wherof wheate rye beanes barley malte and other kynde of graines, by stealthe are conveyed into the utter parties beyonde the Sea, so that therby the Kings Majestie is not oonelie deceyved of his subsidie and custome for the same, but it causeth at suche tymes wheate graine and other kynde of corne as is aforesaide to be at hiegh prices, and by the same meanes, thinhabytaunts within the saide Citie or Towne of Bristoll, are often and sundrye tymes destitute and skant maie have graine or corne to serve the Kings obedient Subjects there dwelling and inhabyting; and all so by reasone of having of the saide greate botes and vessells, often tymes divers Shipps, aswell of the parties beyonde the Sea as other of Englishe Shipps lying in Kingrode and Hungrode, being ports or havens of the Citie or Towne of Bristowe aforesaide distaunte fyve myles or therabout from the saide towne of Bristoll, awayting and tarying there the cooming of the saide greate botes with corne and graine downe Severne, who there dischardgeth the graine and corne aborde the saide Shipps at Kingrode, by reason wherof the saide Shipps and other Vessels there tarying for the receipte of the saide graine and corne, doo then cast out theyre balast of Stones and other robull of balast of theyre saide Shipps and Vessells, into the saide rodes and havens of Hungrode and Kingrode, and there lodith the saide graine and corne in the Shipps and Vessells, to the greate distruction,: and in contynuaunce to thuttre undoing of the saide rodes and havens; so that the mouthe and hole channel of the saide haven is so heaped and quarred with Stones & robull of balastes of the Shippes and Botes there arryving, that greate Shipps whiche useth the course of merchaundyse to the saide towne of Bristowe from the partes beyonde the Sea and from the saide towne laden with merchaundyse unto the utter parties, maie scantlye or savelye coome unto the Kinges saide portes and towne of Bristoll and the ryver of the same, and so from the saide porte and towne of Bristowe unto the saide Severne, without greate daunger and perill, and by that meanes Shippes of greate bourden are Iyke to be distroyed utterlye to be caste awaie, and if redresse be not the sooner had therein it withe to the uttre distruction of the haven and porte of the saide towne of Bristoll, whiche saide towne of Bristoll is chieflie mainteyned by course of merchaundyse:

p. 907

Wherfore it maie please the Kinges Majestie the Lordes spirituall and temporall and the Commons in this present parliament assembled and by auctorytie of the same, to enacte make and ordeyne, that after the laste daie of Julye next cooming, no maister or maisters owner or owners of Shipp or Shipps or of any other Bote or Vessell, or any other persone or persones, do caste or unlade theyre balaste or robull at or in the saide rode called Kingrode and Hungrode., nor in ,any of them, ne in any other place from the rode of Kingrode unto the towne of Bristoll, nor in no parte of the haven therof but on the lande oonelie above the full Sea merke; upon peyne .that everye suche owner maister of Shipp or of other Bote or Vessel and of everye other persone or persones casting: and laying theyre balast or robull in the streme at the place or in the ryver aforesaide, to forfaite at everye tyme so offending foure poundes, the oone haulfe therof to be to our Sovveraigne Lorde the King, and thother haulfe therof to the partie that will sue for the same in any of the Kinges Courtes of Recorde, aswell within Courtes of Recorde within Cities and Townes Corpoprate before the Mayre Aldermen Shirieffs and Bailiefs .according to theyre corporacion, as elseswhere in any of the Kings Courts of Recorde, by Bill plainte action of debte informacion or otherwyse; in the whiche action the defendaunte shall not wage his lawe, neyther yet no proteccion or essoine be allowed.AND further that it maie be enacted by thauctorytie aforesaide, that no persone or psones from hensforthe shall enbote or lade or cause to .be enboted or laden, any Wheate Malte Beanes or any other kinde of Graine or Corne whatsoever it shalbe, ill any picarde bote or other Vessell at any creke pille banke or elswhere upon the Severne streme betwene the Keye of the Citie of Gloucestre, and the saide Citie or Towne of Bristoll by Water of Severne, to thintent to be transported into the utter parties beyonde the Sea out of the Kings Domynion, before the saide Owner or lader of the saide picarde bote or other Vessell, hathe been with the Kings Customers of the saide Porte and Towne of Bristoll aforesaide, and there by himself and oone sufficient suertie with him bounden unto the Kings Customers of the saide Porte and Towne of Bristoll aforesaide, in suche reasonable soomes of Money to thuse of our saide Soveraigne Lorde the King as shall amounte to the double value of the saide Graine or Corne there to be laden or to be enboted; upon condicion that the saide Owner or Maister of the saide picarde or bote or other Vessell, shall not repaire nor transporte the he saide Corne or Graine nor no parte thereof into any utter parties beyonde the Sea out of the Kings Domynion, before the saide Maister owner therof shall coome and bring the saide Graine and Corne unto the keye of the saide Towne of Bristoll, and there to be viewed or sene the contents therof, and the contents therof to be declared unto the Kings Customers and to the Maire of the saide Towne for the tyme being, if there be any suche lisence or lawfull cause for to convey or transporte Graine or Corne into the parties beyond the Sea out of the saide Kinges Domynion, there to be measured and mette by the common mesurer of the saide Towne: And after the saide obligacion withe condicion so made sealed and delivered unto the saide customer, thenne the saide customer shall delivre a sufficient cocket unto the partye owner or owners or Maister so bounden to convey the saide Graine or Corne unto the Keye of Bristoll, upon paine that everye picarde bote or other Vessell so laden with Graine or other kind of Corne, to be caryed or transported into the utter parties of beyonde the Sea out of the Kings Domynion, to be forfaicted aswell the saide Corne and Graine so laded, as the saide bote so laden contrarye unto this present acte, wherof the King our Soveraigne Lorde to have three parts therof, and the partie that will sue for the same the fourthe parte, before the Kings moste honorable Counsaill according to the Kinges Proclamacion in that behaulf made and provided.AND further be it enacted by auctorytie aforesaide, that if it shall appeare upon the measuring therof unto the Maire of the saide Towne of Bristoll and to the Kings Customers then for the tyme being, that there is more Corne or graine loded to be transported into the parties beyonde the Sea within any of the saide Vessells botes pyckardes or trowes over and above foure quarters, that thenit shalbe lefull unto the saide maire and customers there for the tyme being, to cause the owner or conveyer therof unto the saide towne of Bristoll, to make sale of suche corne and graine as shalbe brought over and above the contents of the saide cocket or lycence, and over and above foure Quarters besyde the cocket or lycence, according as the pryces of suche graine and corne are commonlie woorthe and solde in the open merket of the saide towne of Bristoll: The saide common meater to have for the measuring of everye wey of corne twoo pence; on peyne of everye person being owner of the saide graine or corne or having the chardge of the same denyeng the measuring of the saide graine at the saide Key of Bristoll to lose and forfaicte for everye tyme so denyeng fyve pounde, the oone haulf therof to be to our saide Soveraigne Lorde the King, and thother haulf therof to be to the partie that will sue for the same in any Courte of Recorde, by action of debte informacion or otherwyse; in the whiche action the defendaunte shall not wage his lawe nor protection nor essoine allowed.

[The following clause is annexed to the original Act in a separate schedule]

AND be it allso enacted by auctorytie abovesaide, that no persone or persones, after the firste daie of Auguste next cooming, doo caste or unlade out of any maner of Ship crayer or any other Vessell, beIng within any Haven rode channel or ryver flowing or rooning to any Porte Towne or to any Citie boroughe or towne within this Realme or. any other the Kings Domynions, any maner of Balaste rubbishe gravell or any other wracke or filthe, but oonelie upon the Lande above the full Sea Marke, upon peyne that everye persone and persones offending this Acte, to lose and forfaicte for everye tyme so oftending fyve poundes, the oone haulf to the King our Soveraigne Lorde and thother haulf therof to suche persons and persones as will sue for the same by Bill plainte originall writ or informacion, in any tlte Kings Courts of Recorde in whiche Action or Sute no Wager of Lawe shalbe admitted nor any Essoine or Protecion allowed.