The rates of marchandizes as they are set down in the Booke of Rates for payment of the Kings Majesties customes, and import of wynes within his kingdome of Scotland: the famine booke being signed by his Majestie, and subscryued be the Lords auditors of His Heighnes Exchecker, and sealed with the great seale of his said kingdome. And by special commandement from his Majestie published in print, for the information and direction of all sic as the famine doth concerne.

Actes of Secreet Councell. APVD EDINBVRGH vigesimo quinto die Mensis Octobris 1611.

FOR-SA-MEIKLE As the Lords of secreit Councell vnderstanding that his Majestie hes bene greatly hurt and prejudged in time bygain in the dew payment of his Heighnes customes, be reason of some Marchands, awners of gudes and geare transported out of this Realme, and in-broght within the samine for their awn advantage and com∣moditie, hes bene accustomed to pack and close within packs and trees of grofwares and marchandize, paying smal custome to his Heighnes; geare and marchandize of better value, and paying greater customes, and at the giving vp of the said geare in entrie to his Heighnes Customers, hes given vp the same and payed custome therefore, as for the grofwares conteined in the said pack only. FOR remeed wherof, the saids Lords hes statut and ordeined, that na Marchands take vpon hand at any tyme hereafter to pack or inclose within packs of skins or other packs transported forth of this Realme, or within packs of lint or Hemp, trees of Carts, Cardes or Keames, or other packs or trees broght within this Cuntrie, any other geare or marchan∣dize

of contrair nature, and conceale the samine vngiven vp in entrie to his Majesties Customers, in defraud of his Heigh∣nes dew customes, vnder the paine of escheating of the haill pack swa found, wherein the same geare sall be swa found to be fraudfullie packed. AND TO THE EFFECT, that that nane pretend ignorance hereof, the saids Lords ordeins this present act to be imprinted, and letters to be direct for publication hereof at the market crosses of the head burrowes of this Realme, and other places needfull.

Apud Edinburgh 25 die Mensis Octobris 1611.

THE Lords of secreit Councell, vnderstanding the great hurt that his Majestie hes sustained in tyme bygane, be cer∣taine Skippers, Maisters and awners of ships, who in favours of the Marchant, and in defraud of his Majestie of the dew payment of his customes, laidens and losses their ships at vnfree Ports, and at Ports and harbories where his Heighnes he∣na Customers. As lykwyse, at their departing out of this Realme, after that they haue made and given vp to his Heighnes Customers the entrie of all gudes being within their ships and veshels, and receaved their Cocquet there-vpon, they vse to receaue within their saids ships other marchandize and gudes and transporteth the same out of this Cuntrie vncustomed, and at their returning hame againe, losses ane part of their laidning before they giue vp their entries to his Heighnes saids Custo∣mers. FOR remeed whereof, the saids Lords hes statute and ordeined, that na Maisters, Marchants, Awners nor Skippers of Ships, Crears or others veshels within this Realm, take vpon hand at any tyme here-after, to laiden or losse their ships in haill or in part at any vnfree Port within this Kingdome, or in any open Raids within the same, vnder the paine of escheating of the haill marchandize and gudes swa shipped or lossed, and

of the Ships, Crears and veshels wherein the samine sal be ship∣ped, and out of the whilk the samine sall be lossed. As lykwyse, It is statute and ordeined, that na Clerk of Cocquet giue or de∣lyver any cocquet in time comming to any person, Marchand, skipper or others what-som-ever, vntil sic time as the said Clerk receaue an entrie subscryved be the customer at the port where the gudes are shipped, whilk entrie sall contein every particular marchands name with the quantitie and qualitie of the gudes pertaining to him, and the Customers certificat that he hes re∣ceaved the Kings Majesties custome of the same gudes, vnder the paine of deprivation of the said Clerk of Cocquet from his office, and punishing him in his bodie, gudes and geare at the will and pleasure of the saids Lords. As also, that na Cu∣stomer receaue an entrie of the gudes and marchandize be∣ing in any ship to be transported out of this Kingdome, vn∣lesse the presenter thereof delyuer the samine subscryved with his hand, and there-with-all solemnedlie make faith and sweare in presence of the said Customer, Be GOD himselfe his Creator, his part of Paradice, and as he sall answere vpon the salvation and condemnation of his saull, that he hes na forbidden gudes nor geare, nor na other lawfull marchandize nor gudes within his said Ship by and attour that whilk is conteined in the said entrie subscryved with his hand, nor that he knawes of nane to be brought within the said Ship to be caryed away in her at that voyage, nor sall not receaue there-after any gudes or geare to be laidned within his said Shippe, and caryed away in her at that tyme. Whilk eath gif it be refused to be made, as said is, It sall be lesome to the said Customer to arreist the said Ship, and all the gudes and geare being therein. As lykwayes, It is statute and ordai∣ned, That na Maisters, Awners nor Skippers of Shippes, passing out of this Realme take vpon hand at any tyme here∣after, to receaue within their saids Ships and veshels any mar∣chandize

gudes or geat to be transported out of the same after that they haue made and given vp their entres to his Heighnes Customers, vnder the paine of escheating of the marchan∣dize, gudes and geare sa shipped, and of the Shippes, Crears, and veshels wherein the famine sall be shipped. As also, that na Maisters, Awners nor Skippers of Shippes arryving within this Realme, take vpon hand at any tyme here-after, to losse any of the wynes, marchandize, gudes and geare, being within the same ships, vnder what-som-ever colour or pre∣tence, at any Port or part within this Realme, or convoy any of the same away, in defraud of his Majesties Customers, vntill sic tyme as the entrie of their ships be made, and the same with the Cocquets receaved be them at the Port where they re∣ceaved their laidning be first delyvered to his Heighnes Custo∣mers, and that they leaue no part of the saids wynes, marchan∣dize, gudes and geare vngiven vp in the said entrie, nor con∣ceale no part thereof from the saids Customers, vnder the paine of escheating of the haill wynes, marchandize, gudes and geare swa to be lossed out of the saids Ships, and of the ships, Crears and veshels out of the whilk the famine sall be lossed. As also, vnder the paine of escheating of the haill marchandize, gudes and geare left out vngiven vp in the said entrie. Whilk entrie sall be given vp be the Skipper or Mai∣ster subscryved with his hand, wha sall be obleist solemnedlie to make faith, and sweare be GOD himselfe his Creator, his part of Paradice, and as he sall answere to GOD vpon the sal∣vation and condemnation of his saull, that the same is a just and trew entrie of the haill marchandize and gudes shipped within his ship at that voyage, and that he hes lossed na part thereof, nor convoyed nane of the same away, before the giving vp of the said entrie. Whilk eath, if it be refused to be made, as said is, It sall be lesome to the saids Customers to arreist the said ship and haill gudes and marchandize being therein. And

to the effect that nane of his Majesties lieges pretend igno∣rance hereof, the saids Lords ordains this act and ordinance to be imprinted, and publication hereof to be made at the market crosses of the head burrowes of this Realme, and other places needfull.

Apud Edinburgh 25 die Mensis Octobris 1611.

FOR-SA-MEIKLE, As for reformation of some abuses practized by the Marchants carying gudes from Scotland to England, and from thence to Scotland, to the hurt and preju∣dice of his Majesties customes: It hath pleased his Heighnes to set downe these orders after-following to be observed in tyme comming, alswell by the Marchands trafficking betwix the saids two Kingdomes, as by the Fermers and Tacks-men of his Heighnes Customes of both the Realmes, Ʋiz.

1

That the Farmers anc Tacks-men of the customes of Scot∣land doe keepe bookes of all the gudes that are entered and shipped for England, and also of all guds broght from England to Scotland, the ships name, place and Maisters name, and to and from what Port the ship is bound, and to keepe the entresse of every Port severallie.

2

Also, that they keepe bookes of all gudes caried by land from Scotland to England, and from thence to Scotland, and to make certificat vnder the hand and seale of the Farmers and Tacks-men or their deputes; expressing the Marchands name, the quantitie and qualitie of the gudes, to what place the same is caried, and the day of the Moneth and yeare, when and where the same was customed. The same forme and order to be observed by the Farmers of the custome of England, and

reciprocallie the Farmers and Tacks-men of both the Realmes, to send every halfe yeare the coppies of these bookes, the ane to the other, Viz. at Christmas and Midsommer.

3

That all Cocquets or Certificats be made in the names of the principall awners of the gudes laiden in every Ship, and not in poore mens names, skairslie knawne in Scotland or England.

4

That na Marchand or Tradis-man take vpon hand at any tyme hereafter, to cary by land any gudes from Scotland into England, or from England into Scotland by the waste grounds or wastes, bot that the same passe by the wayes of Aiton, Ied∣burgh, Kelso, Drumfrice and Annand for Scotland; and by the wayes of Berwick and Carlile for England, vnder the paine of confiscation of the gudes otherwayes caryed, or the value thereof to his Majesties vse after true tryell and examination taken therein.

5

That the Farmers of the customes of both the Realmes, and their deputes, vpon the arryvall of any Ship from Scotland, and lykwyse from England, sall make dew examination of the gudes laiden with the Cocquets or Certificats for the same. And if they sall finde a greater quantitie, or other guds then are specified in the saids warrants, that they apprehend and stay the saids gudes, and take them into their possession, vntill the Marchands awners thereof, or their factors in their names haue given sufficient caution to his Majestie, for answering and pay∣ing of the value of the saids gudes, into his Majesties Exchecker of either Realmes, according as the same sall be prysed by twa honest men to be nominated, ane by the Marchand, the other by the Farmers and Tacksmen or their deputes, gif it sall ap∣peare vpon examination, that the saids gudes sa stayed are vn∣customed.

The same order lykwise to be observed by ther Fer∣mers and Tacks-men, and their deputes for the land cariage.

6

And that the Farmers and Tacks-men of the Scots cu∣stomes doe every half yeare send to the Fermers of the English customes, all these bands for sic surplusage of gudes gif they be not discharged be certificate. The lyke to be done by the Fermers and Tacks-men of the English customes.

7

For the better observing of whilk orders and that nane pre∣tend ignorance of the same, the Lords of his Heighnes privie Councell ordeins this present act and ordinance to be imprin∣ted, and letters to be direct for publication of the same at the market crosses of the head burrowes and Sea-ports of this Realme, and other places needfull. Commanding and char∣ging, all and sundrie his Heighnes leiges and subjects whom the samine doth concerne, that they and everie ane of them inviolablie fulfill, obserue and keepe everie Artickle aboue-written. As they will answere to the contrarie, vpon their heighest charge and perrell.

Apud Edinburgh vigesimo quinto die Mensis Octobris Anno Domini 1611.

FOR-SA-MEIKLE As it is vnderstand to the Lords of secreit Councell, that be divers acts of Parliament, lawes and constitutions here-to-fore made and observed within this Realme, all maner of English gudes broght within the same hes bene ever in vse of payment to his Majestie of a certaine custom and duetie properlie apperteining to his Heighnes as a part of the patrimonie of his Crowne. As also, be act of secreet Councell, of the date the penult day of Februar 1589 yeares.

Ratified and approven in the Parliament halden at Edinburgh, in the Moneth of June, ane thousand, fiue hundreth, fourscore twelue yeares, It is statute and ordained, that all English cloth broght within this Realme, sould be broght to his Heighnes Custom-house: and there sealed with ane seale appoynted then to be made to that effect. Whilk act tuke full execution vntill sic tyme as his Majestie comming to his Crowne of England, did for a tyme forbid the taking of any custome for marchan∣dize and gudes transported from the one Kingdome to the o∣ther, being the natiue commodities of the Land. And now since, It hath pleased his Majestie to take these customes in his awne hand againe, and to giue order and direction that the samine sall be collected and vplifted in tyme comming to his Heighnes vse. The Lords of secreet Councell hes found ne∣cessare, meet and expedient, and decernes and ordains, that the foresaid act sall be revived againe, and stand in full force and effect in all tyme comming. And therefore ordaines the Tacks-men of his Majesties customes, to cause make and print ane seale and stamp of steele, conteining two halfes, for every Burgh and Sea Port within this Realme, whereas Customers are or sall be established, the ane halfe conteining IACOBƲS REX, with the Kings Majesties Armes and Crowne; and the other half the name of the Burgh where the samine sall remain. Whilk seall and stamp sall be stricken and applyed to lead, and the samine lead being swa strucken and printed with the same stampe sall be hung to every peece or wob of claith, Cairsayes, Freese, Cottons, Baise or Fustians, that hereafter sall be broght within this Realme forth of England be sea or land, before the same be presented to open market, sauld or any waies disponed vpon: And the ane halfe of the said seale to be keeped be the Customer, and the other halfe be the Clerk of Cocquet. The awners of the said claith, and others aboue-written, pay-and the custome thereof, with sic ane duetie for the seale as was

accustomed to be payed of auld to the Customer and Clerk of Cocquet equallie betwix them. And to the end, that all English claith and others aboue-written, presentlie remaining within this Realme, may be decerned and knawn from that whilk hereafter sall be broght within the same, It is also de∣cerned and ordained, that the Customer of every Burgh and Sea-port within this Realme, sall repair to the dwelling-houses and buithes of every ane of the saids Burrowes and Sea-ports whereof they are particularlie appointed Customers, and there receaue the eathes of the awners of sic peeces and wobs of English claith, and others aboue specified, as are therein, whither if the custome thereof be payed or not, and where the custome thereof is not payed, that they instantlie pay the same: And that the said seall in taken thereof be hung thereto, and to all the other wobs and peeces of English claith, and o∣thers aboue-specified, whilks sall be apprehended within the saids buithes and houses, whereof custome hes bene payed of before for payment of the said accustomed duetie for the said seall allanerlie; and that the awners of the same claith and o∣thers aboue specified, requyre the Customers of every Burgh and Sea-port particularlie, to repare to their saids buithes and houses to this effect, betwix and the _____ _____ day of November next-to-come; and farther to doe and performe al other things whilk to every ane of them is appoynted to be done in maner foresaid, vnder the paine of confiscation of all the wobes and peeces of English claith, and others aboue-specified, that sall be apprehended thereafter wanting the said seall. As also, to the effect his Heighnes Customes of all marchandize and gudes caryed from Scotland to England, and from thence to Scotland may be the mair trewlie payed, It is decerned, statute and ordained, that na Marchands, their factours nor servants, Maisters, Awners nor Skippers of Shippes, Barkes or others veshels going from Scotland to England, take vpon hand at any

tyme after the date hereof, to laiden any marchandize or guds within the same Ships, Barks or other veshels, vntill sic tyme as the same gudes and marchandize be first brought to his Heigh∣nes Custom-house, and the custome thereof payed, and cer∣tificat giuen be the Customer there-vpon. And that na Mar∣chands, their factours nor servants cary any marchandize or gudes by land to England, vntill the same be first brought to his Heighnes Custom-house, and the custome thereof payed, and certificat given be the Customer there-vpon, vnder the paine of confiscation of the haill marchandize and gudes swa shipped and laidned, with the Ships, Barks and other veshels, wherein the same sall happen to be shipped, and of the marchandize and gudes sa caryed by land to his Heighnes vse. And incase the same gudes and marchandize can not be apprehended, the awners thereof to make the just availl thereof forth-comming to his Heighnes vse as escheat, dew tryell being taken there∣intill as effeirs. As lykwaies, that na Maisters, Awners nor Skippers of Ships, Barkes or other veshels, comming from England to Scotland, take vpon hand at any tyme after the date hereof, to losse any of the marchandize and gudes being there∣in, till sic tyme as they first enter their Ship in his Majesties Custom-house, giue vp ane trew inventar of the haill gudes and marchandize being therein to his Heighnes Customers, and there-with-all delyver vnto them the Cocquet receaved be them at the Port where the said Ship was laidned, and make faith that the said entrie sa given vp be them, is trew, and that they haue not put on land at na Port, Harborie or other part what som-ever, any of the marchandize and gudes laidned within their said Ship, but that the samine are all within her at the giving vp of the said entrie, vnder the paine of confiscation of the same Ships, Barks and other veshels, or the just availl thereof to his Heighnes vse. As also, the saids Lords, decernes and ordaines all and sundrie his Heighnes subjects and stran∣gers,

that at any tyme after the date hereof sall happen to bring within this Realme, any marchandize or gudes be sea or land from England, that they bring the same directlie to his Heigh∣nes Custom-house, and that they nor nane of them take vpon hand, to house, hyde, conceale, dispone or make saill of any part thereof, vntill sic tyme as his Heighnes customes thereof be first payed, and the Claith, Cairsays, Freese, Cottons, Baises and Fustians (incase any be) sealed conforme to the order of auld and here established, vnder the paine of confiscation of the same marchandize and gudes sa concealed and vncustomed, to his Heighnes vse, where ever the same may be apprehended. And incase the samine can not be apprehended, the awners thereof to make the avail thereof forth-command to his Heigh∣nes vse as escheat, dew tryell being taken there-intill as effeirs. And because the Marchands, awners of the saids marchandize and gudes caryed from Scotland to England, and from thence to Scotland, and the Maisters, Awners and Skippers of the saids Ships and other veshels, vses sic craft and policie in the quyet convoying away and concealing of the saids marchan∣dize and gudes, as som-tymes it is very hard and difficile to get the same apprehended, or sufficient probation led there-into be witnesses: The saids Lords of secreit Councell hes there∣fore found, decerned and declared, that the certificat of any of the Fermorers of his Heighnes customes in England, or of his Heighnes Customers or Comptrollers of his Heighnes cu∣stomes at any port or place be sea or land within that Kingdom where customes are receaved and payed autentiklie, subscry∣ved be any of their hands, bearing the day, moneth and yeare of the bringing of any of the saids marchandize and gudes from the ane Realme to the other; the Marchands name, Awner thereof, the quantitie and qualitie of the samine, the Shippes name, Master and Skipper thereof, wherein the samine is tran∣sported, sall be als sufficient probation against the Marchands,

and awners of the saids marchandize and gudes, and against the Maisters, Awners and Skippers of the saids Ships, Barkes and other veshels, as gif probation had bene led there in till be witnesses. Whilk probation sall be led before the Lords of his Heighnes privie Councell or Auditours of his Heighnes Ex∣checker. And for the better putting of this act and ordinance to execution, the saids Lords ordains and commands the Fer∣morers of his Heighnes customes and their deputs, and all o∣thers his Heighnes Customers and searchers, to passe, search, seeke and apprehend all and sundrie English cloth, Cairsayes, Freese, Cottons, Baise and Fustians whilk sall be vnsealed, in maner aboue-written, in taken that the samine are customed, where ever the same can be apprehended, in open markets, faires, houses, buithes, or other places what-som-ever within this Kingdome at any tyme after the said _____ _____ day of November next-to-come, and to confiscat the same to his Heighnes vse as vncustomed gudes. And to the effect that nane of his Ma∣jesties lieges or strangers pretend ignorance hereof, the Lords of secreit Councell ordains this present act and ordinance to be imprinted, and letters to be direct for publication hereof at the market crosses of the head Burrowes and Sea-ports of this Realme, and other places needfull in forme as offeirs.

FINIS.