Act, 28 November 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/321

Act

Act against Exportatione of money furth of the Kingdome

The Estates of parliament Considering how much the Kingdome is impoverished by the daylie exportatione of money furth of the same; And that the makeing use of our native Commodities for furnishing us with these things which formerly were brought to us from forraigne places, is, by the Commendable industrie of several deserveing Countreymen and ingenious artists much improved and that in ordor to their incouragement and that our native Commodities may goe the better off Necessar it is that some more severe restraint then formerly be laid upon the exportatione of money Therfore the Kings majestie with advyse and consent of his Estates of parliament statutes and ordains That noe persone or persons whatsomever, shall trade or use merchandize with any other natione Till first they take ane oath before the Lord Thesaurer or Thesaurer Deput, or before such persones as they shall appoynt for that effect That they shall not export by themselves or others directly or indirectly2 by sea or Land any gold or silver coyned or uncoyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer deput or these appoynted by them as said is to be necessary for making of their voyage to the port where they are goeing And that if he Know any money transported by any other persone He shall declare the same to the Lord Thesaurer principall or deput or to the foresaid persons appoynted by them as lykewayes every skipper shall before he make any voyage after the3 publicatione Hereof to any other Kingdome or natione take ane oath before the said Lord Thesaurer or Thesaurer deput or these appoynted by them for that effect That He shall not himself transport nor suffer any gold or silver coyned or uncoyned (except as is above excepted and except the sum of threescoir pounds at most which every passanger is hereby allowed to Carrie furth of the Countrey for his necessary spending) to be transported in the ship wherein he is master and that he shall use his outmost endeavour for discoverie of the same if any be and that if after he hath made saill it shall come to his knowledge That there is any money concealled in his Ship or in any other Ship He shall at his returne delate the same to the Lord Thesaurer principall or deput or those appoynted by them for that effect And which persons appoynted by them are Hereby requyred To give tymeous nottice thereof to the said Lord Thesaurer or Thesaurer deput under the penalty of the Half of the money informed to have been transported and sicklyke the said oathes shall be renewed and taken before the said Lord Thesaurer or deput or these appoynted by them as said is by all skippers and merchants at the makeing of every particular voyage and both the said oathes shall be subscryved by the respective parties and insert in the books of Exchaquer or in the books of these persones appoynted by the Lord Thesaurer deput for that effect For which extracts they shall pay to the keepers of these Registers tuelve shilling scots allenarly The one therof to be carried to the Customer and insert in their books gratis The other to the Keeper of the Cocquet and insert in his books gratis And it’s furder status and ordained that in case any merchant or Skipper shall after the publicatione Hereof, Trade with or many any voyage to any other Kingdome or natione, before the takeing of the said oaths and productione therof to the Customer of the Cocquet That they shall forfeitt the fyfth part of their moveables and be incapable, the merchant of all tradeing and the Shipper of haveing any charge of any ship within this Kingdome in all tyme comeing Provyded alwayes that the takeing of the oaths abovementioned shall be without prejudice of search for or seizure of any exported money and if any gold or silver coyned or uncoyned shall after publicatione Hereof be discovered carrying out of the Kingdome by any persone who hath taken the said oath, The same not only to be confiscat but the persone or persons owners thereof to be proceeded against as perjured persones and furder lyable to sex moneths imprisonment as also it is hereby declared That notwithstanding the said oaths, if it shall be at any tyme therafter be Legallie proven money hath been carried out of the Kingdome by the persons takers of the said oath The said persons shall be proceeded against as perjured persones and by and attour be fyned in the value of the money exported And whatsoever money shall be discovered and seized upon the one half thereof to be for his majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer deput are hereby requyred to appoynt sufficient honest men to be found at the respective ports of this Kingdome or Royall Brughs next adjacent therto for takeing of the said oaths and that they take bond and sufficient Cautione for each of the persons so appoynted under the pain of sex thousand pounds scots That the shall not suffer any merchant or skipper to use trade or merchandize with any forraigne Kingdome or natione before they have taken the said oaths and shall doe their outmost endeavour for discoverie and seizure of all money carried out of the Kingdome They shall give speedie and tymeous nottice of ther informatione to the said Lord Thesaurer or Thesaurer deput The one Half of the said sum of sex thousand pound in case of failzie to be for his majesties use and the other half to be given to The delator, and to be further lyable to sex moneths imprisonment for breach of their trust And sicklyke the Lord Thesaurer principall and Thesaurer deput are Hereby requyred to Cause4 the Fermerers and Collectors of the Custome and keepers of the Cocquet to take ane oath That the said Fermerers and Collectors of the Custome shall use their outmost endeavours for the discoverie and seazure of all money comeing out of the Kingdome by sea or Land, either by merchant Skipper or by any other persone of whatsomever quality or degree except as is above excepted And that they shall not give warrand to any Skipper to receive a Cocquet unless they have received both from the Skipper and merchants in the ship Extracts of the respective oaths as said is and that the keepers of the Cocquets shall give noe Cocquet unless they have lykewayes received extracts of the oathes abovementioned, both from skipper and merchants and both Customers and keeper of the Cocquet to give bond with sufficient Cautione under such sums of money as the said Lord Thesaurer principall and Thesaurer Deput shall think fitt for fulfilling of the premisses And in case the said Fermerers Collectors and keepers of the Cocquet or other of them shall refuse to compear or compearing refuse or delay to take the oath and give their bond as aforesaid Then their tack Commissione, gift or any other Title by which they enjoy their said places to be void and null and they to Have incurred the sums and penalties contained in their respective bonds (The one Half thereof to be given to the informer or Delator) and to be further proceeded against as perjured persons Dischargeing Hereby all granting of Licences for exporting of money; excepting to such persons allenarly as shall make faith in Exchequer or these appoynted by the Lord Thesaurer or Thesaurer deput and give sufficient bond That the money which they are to carrie out, is to be bestowed on timber in Norway or in ordor for bringing in victuall in tyme of extream dearth and that they shall returne in specie what part of the money shall not be so bestowed.

At Edinburgh thursday the tuentie eight day of November Jaj vjc nynty and fyve years

A1695/11/321

Act

Act against Exportatione of money furth of the Kingdome

The Estates of parliament Considering how much the Kingdome is impoverished by the daylie exportatione of money furth of the same; And that the makeing use of our native Commodities for furnishing us with these things which formerly were brought to us from forraigne places, is, by the Commendable industrie of several deserveing Countreymen and ingenious artists much improved and that in ordor to their incouragement and that our native Commodities may goe the better off Necessar it is that some more severe restraint then formerly be laid upon the exportatione of money Therfore the Kings majestie with advyse and consent of his Estates of parliament statutes and ordains That noe persone or persons whatsomever, shall trade or use merchandize with any other natione Till first they take ane oath before the Lord Thesaurer or Thesaurer Deput, or before such persones as they shall appoynt for that effect That they shall not export by themselves or others directly or indirectly2 by sea or Land any gold or silver coyned or uncoyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer deput or these appoynted by them as said is to be necessary for making of their voyage to the port where they are goeing And that if he Know any money transported by any other persone He shall declare the same to the Lord Thesaurer principall or deput or to the foresaid persons appoynted by them as lykewayes every skipper shall before he make any voyage after the3 publicatione Hereof to any other Kingdome or natione take ane oath before the said Lord Thesaurer or Thesaurer deput or these appoynted by them for that effect That He shall not himself transport nor suffer any gold or silver coyned or uncoyned (except as is above excepted and except the sum of threescoir pounds at most which every passanger is hereby allowed to Carrie furth of the Countrey for his necessary spending) to be transported in the ship wherein he is master and that he shall use his outmost endeavour for discoverie of the same if any be and that if after he hath made saill it shall come to his knowledge That there is any money concealled in his Ship or in any other Ship He shall at his returne delate the same to the Lord Thesaurer principall or deput or those appoynted by them for that effect And which persons appoynted by them are Hereby requyred To give tymeous nottice thereof to the said Lord Thesaurer or Thesaurer deput under the penalty of the Half of the money informed to have been transported and sicklyke the said oathes shall be renewed and taken before the said Lord Thesaurer or deput or these appoynted by them as said is by all skippers and merchants at the makeing of every particular voyage and both the said oathes shall be subscryved by the respective parties and insert in the books of Exchaquer or in the books of these persones appoynted by the Lord Thesaurer deput for that effect For which extracts they shall pay to the keepers of these Registers tuelve shilling scots allenarly The one therof to be carried to the Customer and insert in their books gratis The other to the Keeper of the Cocquet and insert in his books gratis And it’s furder status and ordained that in case any merchant or Skipper shall after the publicatione Hereof, Trade with or many any voyage to any other Kingdome or natione, before the takeing of the said oaths and productione therof to the Customer of the Cocquet That they shall forfeitt the fyfth part of their moveables and be incapable, the merchant of all tradeing and the Shipper of haveing any charge of any ship within this Kingdome in all tyme comeing Provyded alwayes that the takeing of the oaths abovementioned shall be without prejudice of search for or seizure of any exported money and if any gold or silver coyned or uncoyned shall after publicatione Hereof be discovered carrying out of the Kingdome by any persone who hath taken the said oath, The same not only to be confiscat but the persone or persons owners thereof to be proceeded against as perjured persones and furder lyable to sex moneths imprisonment as also it is hereby declared That notwithstanding the said oaths, if it shall be at any tyme therafter be Legallie proven money hath been carried out of the Kingdome by the persons takers of the said oath The said persons shall be proceeded against as perjured persones and by and attour be fyned in the value of the money exported And whatsoever money shall be discovered and seized upon the one half thereof to be for his majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer deput are hereby requyred to appoynt sufficient honest men to be found at the respective ports of this Kingdome or Royall Brughs next adjacent therto for takeing of the said oaths and that they take bond and sufficient Cautione for each of the persons so appoynted under the pain of sex thousand pounds scots That the shall not suffer any merchant or skipper to use trade or merchandize with any forraigne Kingdome or natione before they have taken the said oaths and shall doe their outmost endeavour for discoverie and seizure of all money carried out of the Kingdome They shall give speedie and tymeous nottice of ther informatione to the said Lord Thesaurer or Thesaurer deput The one Half of the said sum of sex thousand pound in case of failzie to be for his majesties use and the other half to be given to The delator, and to be further lyable to sex moneths imprisonment for breach of their trust And sicklyke the Lord Thesaurer principall and Thesaurer deput are Hereby requyred to Cause4 the Fermerers and Collectors of the Custome and keepers of the Cocquet to take ane oath That the said Fermerers and Collectors of the Custome shall use their outmost endeavours for the discoverie and seazure of all money comeing out of the Kingdome by sea or Land, either by merchant Skipper or by any other persone of whatsomever quality or degree except as is above excepted And that they shall not give warrand to any Skipper to receive a Cocquet unless they have received both from the Skipper and merchants in the ship Extracts of the respective oaths as said is and that the keepers of the Cocquets shall give noe Cocquet unless they have lykewayes received extracts of the oathes abovementioned, both from skipper and merchants and both Customers and keeper of the Cocquet to give bond with sufficient Cautione under such sums of money as the said Lord Thesaurer principall and Thesaurer Deput shall think fitt for fulfilling of the premisses And in case the said Fermerers Collectors and keepers of the Cocquet or other of them shall refuse to compear or compearing refuse or delay to take the oath and give their bond as aforesaid Then their tack Commissione, gift or any other Title by which they enjoy their said places to be void and null and they to Have incurred the sums and penalties contained in their respective bonds (The one Half thereof to be given to the informer or Delator) and to be further proceeded against as perjured persons Dischargeing Hereby all granting of Licences for exporting of money; excepting to such persons allenarly as shall make faith in Exchequer or these appoynted by the Lord Thesaurer or Thesaurer deput and give sufficient bond That the money which they are to carrie out, is to be bestowed on timber in Norway or in ordor for bringing in victuall in tyme of extream dearth and that they shall returne in specie what part of the money shall not be so bestowed.

1. NRS, PC1/50, 274-7.

2. The phrase ‘or indirectly’ is an insertion.

3. Insertion.

4. The word ‘that’ inserted and scored out here.

1. NRS, PC1/50, 274-7.

2. The phrase ‘or indirectly’ is an insertion.

3. Insertion.

4. The word ‘that’ inserted and scored out here.