[1599/7/7]¹

Act anent the paying of custome

Forsamekill as it is understand to the kingis majestie, his nobilitie, counsall and estaitis presentlie convenit that be diverse actis of parliament, lawis and constitutionis heirtofoir obserrvit, all maner of Inglis guidis brocht within this realme ar and hes bene ewer subject and in use of payment to his hienes of ane certane custome and dewtie properlie appertening to his majestie as ane part of the patrimony of his croun; lyke as alsua all uther sortis of claith, silkis stuffis and merchandice brocht within this realme fra foreyne nationis ar be ane act of his majestie, his nobilitie, counsall and estaittis of the dait the threttine day of Maii 1597 ratifiet and approvit in the parliament haldin at Edinburgh in the moneth of December that same yeir, subject to the payment of ane certane custome to his hienes and the merchandis, inbringaris of the saidis guidis, aucht not to lose, brek bowke nor dispone thairupoun quhill the same be first enterit, sene, markit and deulie custumat be the custumaris apointit thairto. Notwithstanding, the custome of the saidis guidis ar very far owirsene, to the greit hurt and discomoditie of his majestie, in respect thair is na seill appointit to be hungin to the saidis guidis according to the use and consuetude observit in utheris nationis, quhairby the guidis custumat could nawayes be knawin be the uncustumat guidis, and swa, be thair confusioun, the merchandis, awneris and inbringaris of the saidis guidis, immediatlie efter the arryveing and cuming of the saidis guids within this realme, loss, brekis bowke, sellis and conceillis the same and never offerris nor presentis na part thairof to be custumat conforme to the ordour, to the greit prejudice of his hienes. Quhilk being now considderit be his hienes, his saidis nobilitie, counsall and estaittis, and thay finding that be the want of the said seill his majestie is and hes bene greitlie defraudit of his customes, ordanis thairfoir the haill custmaris within this realme to caus mak and prent ane seill and stamp of seill contening tua halffis for everie burgh and sey port within this realme quhair thay ar establist custumaris, the ane half thairof contening 'Jacobus Rex', with his hienes armes and crowne, and the uther half the name of the burgh quhar the same sall remane; quhilk seill and stamp salbe applyit to leid, being sua strukin and prentit with the said stamp, salbe hungin to everie wobe peice and steik of claith, silk and stuff of quhatsumever natioun that heirefter salbe brocht within this realme be sey or land befoir the same be presentit to oppin mercat, sauld or onywayes disponit upoun; and the ane half of the said seill to be keipit be the custumar, and the uther half be the clerk of cocquet, the awneris of the said claith, silkis and stuffis payand the custome thairof. And to the effect the claith, silkis and stuffis presentlie being within this realme may be knawin and decernit fra that quhilk heirefter salbe brocht within the same, it is alsua decernit and ordanit that the custumar of everie burgh and sey port sall repair to the duelling houses and buithis within everie ane of the same burghis and portis quhair thay ar particularlie apointit custumaris, and thair ressave the aithis of the awneris of sic peces, steikis and wobis of claith, silkis and stuffis as ar thairin, quhidder the same hes payit the custome thairof or not; and sic as hes not payit custome, that the same be than instantlie payit and the said seill in taikin thairof hungin thairto, and to all the utheris peces, steikis and wobis quhilkis salbe apprehendit within the saidis buithis and houses quhairof the custome hes bene payit of befoir, upoun the expenses alwayes of the said custumare. And that the awneris of the said claith and stuffis requyre the custumaris within everie burgh and port particularlie to repair to thair saidis buithis and houses to this effect within fourtene dayes efter the publicatioun heirof, and forder to do and performe all utheris thingis quhilk to everie ane of thame is apointit to be done in maner foirsaid, under the pane of confiscatioun of all the peices, wobbis and steikis of claith and stuff that salbe apprehendit thairefter wantand the said seill. And that na maner of personis, inbringans of the said claith, silk and stuff within this realme in tyme cuming, presume nor tak upoun hand to sell nor dispone upoun the same, nor na part thairof, unto the tyme the same be presentit to the custumaris within the custome house, the custome thairof payit and the said seill in taikin thairof hungin to everie particulare peice of the same as said is under the pane of escheitting of the same, certifeing thame and thay failye, that all and quhatsumever wobis, steikis and peices quhilkis salbe apprehendit wantand the said seill salbe confiscat and intromettitwith to his majesties use as escheit with all rigour and extremitie in example of utheris. And that lettres of publicatioun be direct heirupoun, quhairthrow nane pretend ignorance of the samyn.