Page:The Laws and Acts of Parliament of Scotland.djvu/657

 King CHARLES^IL 87 fliall not export by themfeives or others.direcftlyor indirectly, by Sea orLand.any Gold or Silver,coyned or un- coyned, except fuch a fum as they fhall declare upon Oath before the faid Lord Thefaurer, Thefaurer-depute, or thefe appointed by them, as faid is, to be neceflar for making of their voyage to the port where they are going; and that if he know any money tranfported by any other perfon, he fhall delate the fame to the Lord Thefaurer, Principal or Depute, or to the forefaid perfons appointed by them. As likewife everv Skipper fhall, before he make any voyage after the publication hereof, to any other Kingdom or Nation, take an oath before the faid Lord Thefaurer or Thefaurer-depute, or thefe appointed by them for that effect' that he fhall not himfelf tranfport, nor fuffer any Gold or Silver , coyned or un-coyned (except as is above-excepted , and except the fum of three fcore pounds at moft, which every Paflenger is hereby allow- ed to carry forth of the Country for his neceflar fpending ) to be tranfported in the Ship wherein he is' Mailer and that he fhall ufe his outmoft endeavour for difcovery of the fame, if any be: And that if after he hath made fail, it fhall come to his knowledge, that there is any money concealed in his Ship, or in any other Ship he fhall at his return, delate the fame to the Lord Thefaurer, Principal or Depute, or to thefe appointed by II them for that effeft: And which perfons appointed by them, are hereby required, to give timeous notice thereof to the faid Lord Thefaurer or Thefaurer-depute, under the penalty of the half of the money inform- ed to have been tranfported. And ficklike, the faids Oaths fliall be renewed and taken before the faids Lord Thefaurer or Depute, or thefe appointed by them, as faid is, by all Skippers and Merchants, at the making of every particular voyage ; And both the faids Oaths fhall bsfubferibed by the refpeclive parties,, andinfert in the Books of Exchequer, or in the books of thefe perfons appointed by the Lords Thefaurer or I Depute for that efTecl; For which Extrafts, they fhall pay to the keepers of thefe Regifters twelve /hillings ' Scots ahnevly, the one thereof to be carried to theCuftomer, andinfert in their Books gratis • the other to be carried to the keeper of the Cocquet, and infert in his ¥>ooks gratis. And it is further Statute and Or- dained, That in cafe any Merchant or Skipper, fhall, after the publication hereof, trade with, or make any voyage to any other Kingdom or Nation, before the taking of the faids Oaths, and production of the Ex- tracts thereof to theCuftomer and keeper of the Cocquet, that then they fliall forfeit the fifth part of their 1 moveables and be incapable, the Merchant of all trading , and the Skipper of having any charge of any Ship I within this Kingdom in all time coming. Provided alwayes, that the taking of the Oaths above, mentioned I fliall be without prejudice of fearch for, or feizureof, any exported money .- And if any Gold or Silver,, coyned or un-coyned, fhall, after publication hereof , be dif covered carrying out of the Kingdom , by any perfon who hath taken the faid Oath, the fame not only to beconfifcat, but the perfon or perfons owners thereof, to be proceeded againftas perjured perfons, and further lyable to fix moneths imprifonment. As alfo, it is hereby Declared, that notwithftanding of the faid Oaths, if it fliall at any time thereafter be legally proven, money hath been carried out of the Kingdom by the perfons takers of the faid Oath, the faids perfons fhall be proceeded againftas perjured perfons, andbyandattour, be fined in the value of the money exported; and whatfoever money fhall be difcovered or feized upon, the one half thereof to be for His Majefties ufe, and the other half to the informer. And the Lord Thefaurer and Thefaurer-depute are hereby required, to appoint fufficient honeft men, to be found at the refpeciive Ports of this Kingdom, or Royal Burghs next adjacent thereto , for taking of the faids Oaths; And that they take bond.with fufHcient cau- tion, from each of the perfons fo appointed, under the pain of fix thoufand pounds Scots,that they fliall not fuf- fer any Merchand or Skipper to ufe trade or Merchandize with any forraign Kingdom or Nation, before they have taken the faids Oaths; and fhall do their utmoft endeavours for difcovery and feizure of all money carryed out of the Kingdom : And that if it fliall be informed to them, that any money hath been carryed out : of the Kingdom, they fhall give fpeedy and timeous notice of their information to the faid Lord Thefaurer or Thefaurer-depute, the one half of the forefaid fum of fix thoufand pounds, in cafe of failzie, to be for His Majefties ufe, and the other half to be given to the delator, and to be further lyable to fix moneths imprifon- ment for breach of their truft. And ficklike, the faid Lord Thefaurer principal, and Thefaurer-depute, are hereby required, to caufe the Farmerers and Collectors of the Cuftom, and keepers of the Cocquet, to' take an Oath, that the faids Farmerers and Collectors of the Cuftom fhall ufe their utmoft endeavours, for the difcovery and feizure of all money carrying out of the Kingdom by Sea or Land, either by Merchant, Skipper, or by any perfon of whatfoever quality or degree, except as is above excepted ; And that they fliall not givewarrand to any Skipper to receive a Cocquet, unlefs they have received, both from the Skipper and Merchants in the Ship, extracts of the refpective Oaths, as faid is; and that the keepers of the cocquets fhall give no Cocquet, unlefs they have likewife received extracts of the Oaths above-mentioned, both from Skipper and Merchants; and both Cuftomers and keepers of the cocquet to give bond, with fufficient cau- tion, under fuch fums of money as the faid Lord Thefaurer principal, and Thefaurer-depute mail think fit, for fulfilling of the premifles. And in cafe the faids Farmerers, Collectors and keepers of the cocquet, or either of them, fhall ref ufe to compear, or compearing, refufe or delay to take the Oath, and give their Bond as aforefaid, then their Tack, Commiffion, Gift, or any other Title , by which they enjoy' their places and charges, to be void and null, and they to be further lyable to fuch cenfures, as the faid Lord Thefaurer principal, and Thefaurer-depute fhall think fit for their contumacy. And if it fliall be made- appear to the faid Lord Thefaurer principal, and Thefaurer-depute , that any of the Farmerers or Collectors