[A1597/5/7]*[print] [email] [cite] [preceding] [following]
Forasmuch as the exorbitant profit and usury taken for the lending of money is not only by the law of God condemned but likewise by his majesty's laws and acts of parliament restrained, and now understanding the great and enormous hurt which his majesty's subjects have sustained by the oversight of rigorous ockerers these diverse [years]† bygone, especially since the dearth of victual has increased so that the persons who lend their money to profit, not content to receive the ordinary annualrent thereof in silver prescribed by the act of parliament extending to 10 for each 100, or so much victual as might answer in common price to the proportion of the said annualrent, but under pretext of the said act of parliament, having vindicated to themselves greater liberty to exact more rigorous profit, has compelled the receivers of the money to pay in time of dearth the annualrent of two, three or four bolls' victual yearly for each 100 merks money, whereby the profit and annualrent paid in victual is either equivalent to the principal sum, at the least exceeds 30, 40 or 50 for the 100, to the extreme ruin of the poor lieges; who, for relief of their present necessity, are compelled to yield to whatsoever unlawful condition of profit the creditor pleases impose, either directly by infeftment or indirectly by bond, contract or other form of security maliciously devised to colour such ungodly and inordinate ocker not tolerable in a reformed and Christian commonwealth and expressly contrary to the meaning of the said act of parliament. And seeing it becomes his majesty of his princely duty not to suffer his laws and acts of parliament established in favour and for the comfort of his majesty's subjects to be converted to their hurt, as a snare to involve them in greater misery, but rather that his majesty and his estates, as authors of the law, should expound and interpret the meaning thereof agreeable to the occasion for which the same was statute, and that his majesty's laws should not appear to include a contrariety or permit that indirectly which by the express words and reason of the law is forbidden, his majesty, with advice of his estates, has thought expedient to make manifest and declare to his highness's subjects that the said act of parliament made in the parliament held at Edinburgh upon the [...] day of [...] the year of God 15[...] years regarding annualrents, ordaining the annualrent of 10 merks to be paid for each 100, or certain bolls of victual answering then in price thereto, was established in favour and for relief of the poor lieges oppressed with such intolerable ockery, wherein the intention of his majesty and his estates was that the silver and victual which was then of a low price should be reduced to a certain correspondence, making the silver annualrent as the price of the annualrent of victual, so that the profit might keep a reasonable proportion with the stock, answering either in victual or in silver to 10 for each 100 as the price of victual was then, and not to give occasion to insatiable creditors with the dearth of the victual to increase their cruelty by the misery of the poor lieges in their necessity, and to uplift for small principal sums such exorbitant profit as the price of victual in time of dearth would extend to; the which inordinate doing, the king's majesty and his estates presently convened, moved by the heavy complaint of the lieges to repress, and willing to put remedy thereto in time coming, has statute and ordained that none of his lieges take upon hand at any time hereafter to take any greater profit or annualrent for the lending of money, either by infeftment or by bond and contract directly or indirectly but 10 for the 100, under the pain of confiscation of all their moveable goods and gear, and to be otherwise punished in their persons as common ockerers according to the laws; and, for that effect, to be called and pursued at particular diets before the justice and his deputes to underlie the law for the same. And for this effect, that all infeftments, contracts or obligations made for payment of annualrent of victual at any time before the date hereof, that the victual therein contained shall be reduced in time coming after the publication hereof to such conformity of price as shall answer to 10 for the 100 only, so that the party indebted paying 10 for the 100, the same shall be as lawful as if they had paid the victual contained in the said infeftments. And because there are diverse persons who in defraud of the said act of parliament and meaning thereof herein declared obtains themselves infeft in the property of lands for small sums of money under reversion, and sets tack back again to the heritor or others to his benefit for payment of a great duty in silver or victual far exceeding the said profit of 10 for each 100; as also by contract, bond or obligation makes false form of buying and selling of victual to be delivered at a certain day, and, failing thereof, certain high prices liquidated therein, of intention only in defraud of the said act to recover with their principal sum such exorbitant ocker and profit as is directly forbidden herein. As likewise there are diverse persons who the time of the disbursing of the said sum which they lend to profit agrees with the party for the usury and ocker far exceeding the ordinary annualrent foresaid, and retains the same in their hands and takes their security by plain form of obligation or otherwise of the whole sum to be paid at a certain term as if no such exorbitant profit and ocker had been meant or allowed therein, therefore, and for remedy of the foresaid and similar frauds devised for the circumvention of the lieges, the laws and acts made in their favour for repressing of such inordinate ocker exceeding the quantity foresaid, it is statute and ordained that all such infeftments, bonds, contracts or obligations which shall happen to be made in manner foresaid after the publication hereof, in defraud of the said acts and statutes and for circumvention of the lieges astricting them to pay further profit in silver than according to 10 for the 100 or more silver than may be answerable in price to the annualrent in silver foresaid, in manner above-specified, shall be null and of no value, force nor effect, as if the same had never been made, notwithstanding whatsoever other coloured or pretended clause be inserted therein; and the said nullity upon the cause foresaid to be received summarily, as well as by way of exception and reply as by way of action, and to be tried by the oath of party and all other lawful probation conjoined therewith competent of the law whereby the said unlawful ocker may be verified to the judge, and the said nullity to be pursued by the party, his heirs, executors and assignees with concurrence of the king's advocate against the creditor, his heirs, executors and assignees notwithstanding whatsoever ratification of the bond and infeftment or renunciation of the said actions granted by the party, wherein it shall not be permissible to him to transact without his majesty's consent and licence granted to that effect. And the said infeftment, bond and obligations being reduced, the king's majesty and his donator to have undoubted right to the principal sum which was delivered, together with the ordinary annualrent of all years and terms bygone unpaid; and the party to have repetition of whatsoever exorbitant profit he has paid exceeding the ordinary annualrent foresaid in case he concurs with his highness's advocate in the said reductions, otherwise to be debarred from the repetition of any sums paid by him. The king's majesty always, his advocate and donator to have full right in their persons to pursue the reductions and annulling of the said securities for the causes foresaid, albeit the principal party refuse to concur with them therein. And that letters of publication be directed hereupon in the appropriate form.
[A1597/5/8]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is understood to the king's majesty, his nobility, council and estates presently convened that the great charcoal is commonly transported out of this realm, not only by his highness's own subjects but by strangers who at all times load their ships and other vessels therewith, and transports the same at their pleasure, using the same as a common trade, altogether without his majesty's licence or permission, to the great hurt of the commonwealth and expressly against his highness's laws, acts of parliament and sundry proclamations made in the contrary. For remedy whereof in time coming, his majesty, with advice of his said nobility, council and estates foresaid, ordains letters to be directed charging officers of arms to pass, command and charge all and sundry persons, as well as strangers as others born subjects of this realm, by open proclamation at the market crosses of the head burghs of the same, that none of them take upon hand to transport any great charcoal out of this realm at any time hereafter, nor yet load their ships, crayers or other vessels therewith to be transported as said is, under the pain of confiscation of the same coal, crayers, ships and other vessels to his majesty's use. Certifying them if they do in the contrary, that the same coal, ships, crayers and vessels shall be confiscated and intromitted with all rigour and extremity in example of others; and, to this effect, to command and charge the provosts and bailies of the said burghs, customs officers and searchers whatsoever to search, seek, take and apprehend all and sundry persons, contraveners hereof, keep and cause retain their persons in ward within their tolbooths, fence and arrest their ships, crayers and vessels, take the sails from the mast and keep them under arrestment at his majesty's instance, through which they depart not, notifying their names to his highness that his majesty may give further direction towards them as appertains as the said provosts, bailies, customs officers and searchers will answer to his highness upon their office and obedience.
[A1597/5/9]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened, considering the present scarcity of coined money now current within this realm and the great dearth and exorbitant prices to which all sorts of gold and silver, as well as foreign as of his highness's own coin, are presently reduced by the liberty which all sorts and degrees of persons takes at their own hands in raising of the prices of all gold and silver at their pleasure, far above the just value prescribed in his highness's laws, acts and proclamations made relating thereto, by the which form of doing, and by the unlawful transporting of coin at all times out of this realm, great disorder and confusion has been maintained and is likely daily to increase, to the hurt of the commonwealth and great contempt of his highness and his authority if the laws already made relating thereto shall not be put to due execution in all points according to the tenor thereof with all convenient expedition. And therefore his majesty, with advice of his nobility, council and estates foresaid, has thought fit, concluded and ordained and by this act concludes and ordains that the laws already made regarding the discharging of the daily raising of the prices of gold and silver shall be of new intimated to all and sundry his highness's lieges by open proclamation at the market crosses of the head burghs of this realm and all other places needful, through which none pretend ignorance thereof, and that all and sundry persons, transgressors of the said laws in raising of the said prices, shall be called, tried and punished for that with all extremity. And further, that his highness, with advice of his nobility, council and estates foresaid, has thought fit to declare and make it manifest that from 17 May instant the ounce of silver coined in 10 shilling pieces and other smaller pieces of 11 denier fine coined according to the last act of parliament shall stand at 50s; and the old 30 shilling pieces, being of the same weight and fines, at the same price; and the new 30 shilling pieces, being three quarters of an ounce, at 37s 6d; and the old and new 20 shilling and 10 shilling pieces according thereto proportionally; and the ounce of gold of 22 carat fine, being his highness's own coin of £5 and 50 shilling pieces, shall also stand at £30 the ounce. And further, that the species of money and fines thereof, namely: of 11 denier fine in silver and 22 carat fine in gold, shall be coined and have course hereafter according to the act of parliament made relating thereto. And that all merchants or other persons, transporters of the same out of this realm, be tried and punished according to the said laws and acts foresaid; and likewise that no foreign coin of gold or silver shall have course amongst his highness's lieges hereafter, but wholly imported to serve as bullion to his majesty's mint-house. And that all gold, silver or other coin which shall be brought within this realm hereafter, to which his highness's subjects are astricted to bring in by his majesty's laws as bullion, the ounce thereof being of 12 deniers, or, being debased, being supplied by account and quantity to be worth 12 deniers, the merchants, importers thereof, shall have one ounce of his highness's own coin of 11 deniers for every ounce of bullion brought in manner foresaid, and of all other foreign coin that they shall voluntarily bring in to the mint-house of the said ordinary bullion, that there be only the 30d thereof retained to his majesty's profit. And that letters be directed charging officers of arms to pass and make publication of all and sundry the premises to all his highness's lieges in manner foresaid; as also to command and charge all the said lieges to conform themselves in this matter of the coin to the will, declaration and determination of his majesty, his nobility, council and estates foresaid and in no way take upon hand to infringe, break or contravene the same in any point as they will answer to his highness upon their obedience at their utmost charge and peril and under the pains prescribed in his highness's laws, acts and proclamations foresaid to be executed upon them without favour. And to this effect, that the treasurer or his deputes insist and seek the execution of the pains and punishments prescribed in the said laws against the contraveners thereof with all rigour and extremity as they will answer to his highness upon their office and obedience, and that the general master coiner, warden, counter warden, assayer, sinker, smelter, forger and all other officers of his highness's mint-house proceed to the coining, striking and forging of new coin according to the laws already made and this present act and ordinance as they will answer to his highness upon their office, and to the effect his majesty's subjects may be resolved of the prices of all gold and silver to be brought by them within this realm and which the master coiner shall be astricted to pay to them according to the tenor of this act, he shall be astricted to have openly affixed in the house of exchange an authentic table to be made by his highness's commissioners appointed to that effect, containing the particular prices of all species of foreign gold and silver usually imported within this country according to the value, weight and fines thereof; and that the clerk of his highness's register cause imprint this act and all other acts made concerning the coin, customs and bullion, through which his highness's subjects pretend no ignorance thereof.
[A1597/5/10]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of his nobility, council and estates presently convened, considering how that by the great scarcity of small pennies presently current within this realm, not only is the exchange of gold and silver and of all other sorts of wares and merchandise which commonly has been maintained amongst his highness's subjects greatly impeded and hindered, but the poor common people whose indigence and misery has been relieved by the support and comfort which ofttimes they receive by the liberality of such as were moved to pity their estate, hurt and prejudiced, and the said exchange likely with time altogether to decay, to the great hurt of the commonwealth if timeous remedy be not provided. And therefore his majesty, being moved of pity and commiseration towards the poor, without respect to any profit or commodity to rebound to his highness, as indeed his majesty neither seeks nor gets no kind of commodity by the coin following, has, with advice of his nobility, council and estates, thought fit, concluded and resolved that there shall be 100 stone weight of copper (unmixed with any other kind of metal) wrought and forged in a mill, and by the said mill made ready to the printing after the accustomed form of his majesty's mint-house, with imprints and stamps through which the same be not counterfeit, for making of the said exchange and relief of the indigence and misery of the poor in penny and two penny pieces, each two penny piece weighing three denier and each penny piece weighing one denier, twelve grains, whereof 64 pieces of the said two penny pieces to be in the mark weight, with two of the said two penny pieces of remedy of weight, as well as heavy as light, on the mark weight thereof, and 128 pieces of the said penny pieces to be in the mark weight, with four of the said penny pieces of remedy of weight, as well as heavy as light, on the mark weight of the same, having on the one side the king's face, bare headed, with this circumscription: 'Jacobus 6 D. G. Rex Scotorum', and on the other side, three thistles distinct, with this circumscription: 'Oppidum Edinburgi'; and the said species to have course amongst his highness's lieges for two pennies and one penny each piece. Be it always understood that none of his majesty's subjects shall be astricted to receive the said kind of copper money in payment of debts or other goods, wares or merchandise above the value of 12 pennies for pound, and so forth proportionally of all sums great and small. And ordains letters to be directed charging officers of arms to pass and make publication hereof by open proclamation at the market crosses of the head burghs of this realm and other places needful, through which none pretend ignorance of the same; and to command and charge all his highness's lieges to receive the said copper pieces in payment of all goods, debts, wares and merchandise in manner foresaid, and in no way to refuse the same under whatsoever colour or pretence under the pain of treason. And that the master coiner, warden, counter warden and sinker proceed to the working, forging and printing of the said copper coin in manner foresaid as they will answer to his majesty thereupon.