William and Mary, 1694: An Act to prevent counterfeiting and clipping the coine of this Kingdom. [Chapter XVII. Rot. Parl. pt. 5. nu. 1.]

Reasons for passing this Act.

Selling or paying Silver Money for more than it is coined; Penalty.

Whereas it is manifest that of late yeares the Currant Coin of this Kingdome hath been greatly diminished by [rounding clipping (fn. 1) ] fileing and melting the same and likewise many false and counterfeit Coins have been clipped for the better disguiseing thereof. And forasmuch as it is apparent that these practices of diminishing the Currant Coin is very much occasioned by those who drive a trade of exchangeing broad money for clipped money and by other [acts (fn. 2) ] and devices. Bee it therefore enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority of the same That from and after the First day of May which shall bee in the yeare of our Lord One thousand six hundred ninety five if any person or persons whatsoever shall att any one time or payment exchange lend sell [or (fn. 3) ] borrow or buy receive or pay any broad silver money or silver money unclipt of the Coin of this Kingdom for more in tale benefitt profitt or advantage than the same was coined for and ought by law to goe for bee lent sold for borrowed or bought received or paid shall forfeit the su[m]m of Tenne pounds for every Twenty shillings that shall bee soe exchanged lent sold borrowed or bought received or paid and soe in proportion for any greater or lesser su[m]m one moiety thereof to his Majesty and the other moiety to the person who shall sue [or inform (fn. 4) ] for the same to bee recovered (with costs of suit) by action of debt bill plaint or information wherein noe priveledge protection or wager of law shall bee allowed nor any more then one imparlance.

II. Casting Bars of Silver, or stamping like Spanish Money.

Penalty.

And bee it further enacted by the authority aforesaid That noe person doe or shall presume to cast ingotts or barrs of silver in imitation of Spanish barrs or ingotts of silver nor doe stamp any mark or impression upon any ingott or barr in likenesse of the Spanish marks or impressions upon paine that the person herein offending shall for every such offence [forfeit the silver soe cast and alsoe the su[m]m of Five hundred pounds one moiety to his Majesty and the other to the informer to bee recovered (fn. 5) ] as aforesaid.

III. Buying or selling or having in Possession Clippings, &c

Penalty.

And for the better preventing the clipping diminishing or impaireing the Currant Coin of this Kingdom bee it further enacted by the authority, aforesaid That if any person whatsoever shall buy or sell and knowingly have in his custody or possession any clippings or filings of the Currant Coin of this Kingdome hee shall for every such offence forfeit the said clippings or filings and alsoe the su[m]m of Five hundred pounds One moiety to his Majesty and the other to the informer to bee recovered as aforesaid and shall bee alsoe branded in the right cheek with a hott iron with the letter, R, and until payment of the said Five hundred pounds shall suffer imprisonment.

IV. Exporting Bullion, except it be stamped at Goldsmiths' Hall;

and unless Certificate by Wardens of Oath that it is lawful Silver; such Certificate granted without Fee; Offering molten Silver to be marked and not proving on Oath that it is lawful Silver, Wardens may seize and detain such Silver, till Oath and Proof made.

And bee it further enacted That noe Goldsmith or other person whatsoever shall from and after the said First day of May transport or cause to bee transported out of this Kingdome of England into any parts beyound ( (fn. 6) ) seas any molten silver whatsoever but such onely as shall bee marked or stamped att Goldsmiths Hall by the Wardens some or one of them belonging to the said Company of Goldsmiths which mark or stamp the said Wardens are hereby required to provide and therewith to mark or stamp all such silver as shall bee proved before them or one of them in such manner as is hereafter mentioned to bee lawfull silver nor unlesse a certificate bee first had and obtained under the hand of one or more of the said Wardens of oath having been made before him or them by the Owner or Owners of such molten silver and likewise by one credible witnesse that the same is lawfull silver and that noe part thereof was (before the same was molten) the Currant Coin of this [Kingdome (fn. 7) ] nor clippings thereof nor plate wrought within this Kingdome Which Oath the said Wardens or any one of them are and is hereby required and authorized to administer and likewise to make and grant a certificate thereof without fee or reward an entry of which certificate shall bee duely made by the said Wardens in a book to bee kept for that purpose And in case any person whatsoever who shall offer any molten silver to bee marked as is aforesaid shall not prove by his or her oath and likewise by the oath of one credible witnesse that the silver offered to bee marked is lawfull silver and that the same was not before the melting thereof the Currant Coin of this Kingdome nor clippings thereof nor plate wrought within the same then and in every such case it shall bee lawfull to and for the said Wardens or any one of them to seize and detain such molten silver soe offered to bee marked until such time as such oath and proof shall bee made as is aforesaid.

V. Molten Silver shipped not stamped, and without Certificate of Oath, may be seized by Custom House Officers.

Seizure how applied.

And be it further enacted That if any person whatsoever shall ship or cause to bee shipt or putt on board any vessell any molten silver not stamped or marked by the said Wardens or one of them and without certificate first obtained of oath haveing been made before the said Wardens or one of them of the lawfulnesse of such silver in manner as is aforesaid (which certificate shall bee shewen to some one of the Co[m]missioners of the Customes for the time being before any cockett bee granted for the exporting such molten silver) in such case it shall and may bee lawfull to and for any Officer or any Officers of his Majesties Customs to seize such silver so shipped and putt on board one moiety whereof shall bee to his Majesty his Heires and Successors and the other moiety to the Officer and Officers soe seizeing the same.

VI. Broker, not being a Goldsmith, buying or selling Bullion; Punishment.

And bee it further enacted That if any Broger or Broker not being a tradeing Goldsmith or Refiner of silver shall buy or sell any bullion or molten silver every such person shall suffer for every such offence imprisonment for Six months without baile or mainprize.

VII. Wardens, &c. in Bills of Mortality, and Justices of Peace in other Places, may break open Houses, &c. and search for Bullion;

with the Assistance of a Constable; and may seize such Bullion, and also Persons having such Bullion in Possession; Person in whose Possession Bullion is found, and cannot prove it to be neither Coin nor Clippings melted; Punishment.

And for the better discovery of Offenders in the Premisses Bee it further enacted by the Authority afore said That it shall and may bee lawfull to and for one or more of the Wardens of the said Company of Goldsmiths with any Two or more of the Court of Assistants of the said Company within the compasse of [the (fn. 8) ] Weekly Bills of Mortality and to and for any Two Justices of the Peace within any County City or Towne Corporate out of the compasse of the Weekly Bills of Mortality to enter into the house room or workshopp of any person who shall bee suspected to bee guilty of buying or selling unlawfull Bullion and to search for the same and in case the Occupier or Occupiers of such house room or workshopp shall refuse to permitt the said Warden and Assistants or Justices to make such search as aforesaid it shall and may bee lawfull to such Wardens and Assistants and Justices with the assistance of a Constable to break open any door box trunk chest cupboard or cabinett in order to search for and discover such Bullion as is aforesaid and in case the persons soe searching shall att any time find any such unlawfull Bullion the persons soe finding the same are hereby required to seize as well such Bullion as the person and persons in whose possession the same shall bee found And the said Wardens Assistants and Constables shall bring him and her before the next Justice of the Peace who shall upon Oath made of such finding which Justice within the Weekly Bills of Mortality and the said Two Justices without the [said (fn. 8) ] Bills of Mortality shall and may examine the person soe brought before him or found by them respectively upon Oath whether the Bullion soe found bee lawfull Silver and whether the same was not (before the melting thereof the currant Coin of this Realm or clippings thereof And in case the said person soe examined shall not prove by his or her Oath or by the Oath of one credible Witnesse before the said Justice and Justices respectively that the Bullion so found is lawfull Silver and that the same was not before the melting thereof the currant Coin of this Realme nor Clippings thereof then and in such case the said Justice or Justices respectively shall committ the person soe examined to Prison and shall secure the Bullion soe found and shall likewise oblige the persons that can give any Evidence concerning the same to enter into a Recognizance to prosecute the said Offender and Offenders And in case such Offender and Offenders in whose possession such unlawfull Bullion shall bee found shall not upon his her or their Tryals on an Indictment for melting the currant Silver Coin of this Realme prove by the Oath of one credible Witnesse at the least the Bullion soe found to bee lawfull Silver and that the same was not the Currant Coin of this Realme nor Clippings thereof then and for want of such proof such Offender shall bee found guilty of the Offence contained in such Indictment and shall suffer Imprisonment for the space of Six Months without Bail or Mainprize.

VIII. Persons apprehending and convicting Clippers, &c. shall upon the Judges Certificate receive £ 40 of the Sheriff without Fee;

on tendering Certificate of Conviction, &c; Judges, &c. certifying to settle Dispute touching Reward; Sheriff not paying Reward to forfeit double to the Apprehender; and Treble Costs.

[And whereas the Coin of this Realme is of late much clipped and counterfeited for want of due encouragement to bee given to such persons as shall discover the same Bee it enacted by the Authority aforesaid That from and after the said First day of May One thousand six hundred ninety five all and every person and persons who shall apprehend and take any person or persons who have counterfeited any of the Currant Coin of this Realme or that for lucre or gaine have clipped washed filed or any ways diminished the same or shall bring or cause to bee brought into this Kingdome the Dominion of Wales or Towne of Berwick upon Tweed any clipt false or counterfeit Coyne and prosecute such person or persons until hee she or they bee convicted for any such Offence shall have and receive from the Sheriff or Sheriffs of the County where such Conviction shall bee made for every such Offender soe convicted the sum of Forty pounds (without paying any Fee for the same) within one Month after such conviction and demand thereof made by tendring a Certificate to the said Sheriff or Sheriffs for the time being under the Hand or Hands of the Judge or Justices before whom such Traytor or Traytors Offender or Offenders as aforesaid shall bee convicted certifying the Conviction of such Traytor or Traytors done within the County of the said Sheriff or Sheriffs And that such Traytor or Traytors was or were taken and prosecuted by the person or persons claimeing the said Reward which Certificate as aforesaid the said Judge or Justices are hereby required to give And in case any dispute shall happen to arise between the persons apprehending and prosecuting to Conviction such Traytors as aforesaid touching their Right and Title to the said Reward that then the said Judge or Justices soe respectively certifying as aforesaid shall in and by their said Certificate direct and appoint the said Reward to bee paid unto and amongst the parties claiming the same in such share and proportions as to the said Judge or Justices shall seem just and reasonable And if default of payment of the said sum or su[m]ms of money shall happen to bee made by any Sheriff or Sheriffs such Sheriff or Sheriffs soe makeing default shall forfeit to the person or persons to whom such money is due as aforesaid double the su[m]m or su[m]ms of money hee ought to have paid to bee recovered by him or them or his or their Executors or Administrators in any of his Majesties Courts of Record att Westminster by Action of Debt Bill Plaint or Information wherein but One Imparlance and noe [Essoigne (fn. 8) ] Protection or Wager of Law shall bee allowed with Treble Costs of Suite by him or them expended in recovery of the same.

IX. Sheriff to beallowed the £ 40 in his Accounts; (Exception.)

If nothing in the Hands of Sheriff, then to be repaid by Treasury.

And it is hereby further enacted That all Sheriffs their Executors or Administrators upon produceing such respective Certificates and the Receipts for the money by them paid in pursuance of this Act shall bee allowed and are hereby impowered to deduct upon their accounting with his Majesty all moneys (other then the double su[m]m and su[m]ms of money and costs of Suit) which they shall disburse as aforesaid without any Fee or Reward whatsoever. Provided always That if upon the Account of any Sheriff or Sheriffs there shall not bee money sufficient in the Hands of such Sheriff or Sheriffs to reimburse him or them such moneys paid by him or them by virtue of this Act that then the Sheriff or Sheriffs haveing soe paid the said moneys shall have the same repaid by the Lord Tresurer or Commissioners of his Majesties Tresury for the time being out of the Revenue of the Crowne upon Certificate from the Clerk of the Pipe to that Effect. (fn. 9) ]

X. Person guilty, convicting Two Offenders, pardoned.

Apprentice discovering, made a Freeman.

[And bee it further enacted by the authority aforesaid That if any person or persons being out of Prison shall from and after the said First day of May One thousand six hundred ninety five bee guilty of clipping coining counterfeiting washing filing or otherwise diminishing the Coin of this Realme and afterwards discover Two or more person or persons who already have or hereafter shall committ any of the said Crimes soe as Two or more of the person or persons discovered shall bee convicted of the same any such discoverer shall himselfe have and is hereby intituled to the gracious Pardon of his Majesty his Heires and Successors for all such his Crimes which hee or they have committed att any time or times before such discovery made And if the person making such discovery bee an Apprentice hee shall bee deemed and taken and is hereby declared a Freeman and shall have and may exercise any lawfull Trade Profession or Mystery with all Liberties [or (fn. 10) ] Priveledges and in as full and ample manner as if the said person had served the full time of his Apprenticeshipp Any Law Statute Custome or Ordnance to the contrary notwithstanding.

XI. Proof of Foreign Bullion to lie upon the Owner, &c.

And bee it further enacted by the Authority aforesaid That in case any Seisure shall happen of any Bullion shipt to bee exported and a doubt arise thereon whether the same bee English or Foreigne Bullion that then the proof shall lie upon the Owner Claimer or Exporter of such Bullion that the same is Foreigne Bullion and had not been melted downe in this Realme of England Dominion of Wales or Towne of Berwick upon Tweed.

XII. Exporter not entering in Name of Owner, &c.

Penalty.

And bee it further enacted by the Authority aforesaid That in case any person or persons enter or ship any Bullion allowed by this Act to bee exported beyond the Seas other then in the Name of the true Owner and Proprietor or Importer the Exporter thereof shall forfeit the same or the full value thereof one Moiety to his Majesty his Heires and Successors and the other Moiety to the person who shall seize or discover the same.

XIII. Proviso for a certain Quantity of Bullion exported by Licence before 1st January 1695.

Provided always and bee it further enacted That this Act or any thing therein contained shall not extend to prohibitt the Exportation of such Bullion as shall bee licensed by his Majesty (such Licences being entred in the Books of the Custome House for the Port of London) soe as, the same bee exported before the First Day of January One thousand six hundred ninety five and doe not exceed Seven hundred thousand Ounces of Silver to bee applied for the payment of his Majesties Forces. (fn. 11) ]