Holograph draft of an act to come into force 10 May 1702 (but the paragraph containing the date has been deleted) regulating the melting, stamping, import and export of bullion

Whereas great complaints have been made concerning the melting down of the current coyn of this kingdome in private \places/ for exportation notwithstanding the good laws to the contrary and whereas the Merchants who import Bullion from abroad are at greater charge and trouble then is necessary in carrying the same with their witnesses in order to get from place to place in order to get the silver melted (if it be not yet in the Ingot) & the Ingots marked & certfied for exportation Be it enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords spiritual & temporal and of the Commons in this present Parliament assembled and by the authority of the same that from and after the tenth    day of May {illeg} which shall be in the year of o^er Lord. One thousand seven hundred and two {illeg} all Bullion or molten silver and all manufactured silver whatsoever which shall be imported from any foreign Region or Country into this Kingdome \& Port of London/ shall either in Barrs Ingots Wedges Cakes Pinas or in any other form whatsoever and shall be designed for exportation shall upon its first coming up the River of Thames to the Custome House be brought into his Majesties Mint in the Tower of London by the Master of the Ship and one or more other Witneses \who / w shall there shew their Bill of lading to the Master \& Worker/ of the \said/ Mint or his Deputy \or Deputies/ & before him \or them/ give account thereof and prive the importation by the following oath: ~ ~ ~ ~ ~ ~ ~ ~ You shall swear \upon oath/ that all the \said/ silver have shewed was brought in your\their/ ship fro{illeg}|m|{illeg} beyond the seas into this kingdome and was part of your\the/ lading of your\their/ ship mentioned in the Bill of lading now shewed unto you\produced by them/ and that to the best of your\their/ <578r> knowledge no part thereof was before the same was molten the coyn of this Realm or clippings thereof nor Plate wrought within this kingdome So help you God|of the said silver hath\was/ been heretofore \unlawfully/ exported out of this kingdom \or molten out of y^e current coy|i| thereof, or out \of Plate manufactured therein//. Which Oath the said Master of the Mint & his Deput or any of them is \or & his Deputi|y|es {illeg}|or any| of them is are then prsent is/ is {illeg}|&| is hereby authorised & required to administer or to cause the same to be administred by his Deputy| And after such proof made the said Barrs Ingots Wedges Cakes or other molten masses of silver shall at the choise of the Merchant be either coyned into monies or marked by the \said/ Master \& Worker/ of the Mint or his Deputy with a Mark or Stamp which the said Master \& Worker/ of the Mint is herby required to provide. And be it further enacted by the authority aforesaid that all silver imported w^ch by the said proof shall appear to be foreign & is not yet molte\{illeg}/n into Ingotts Cakes or other masses aforesaid and all forreign monies brought to his Majesties MInt, shall if the Merchant desire it, be there {illeg}|m|olten down into Ingots by the Master \& Worker/ of the said Mint or his Deputy, the Merchant paying for the melting after the rate of one penny per pound weight Troy for every Ingot exceeding twelve pounds weight. And these Ingots shall at the choise of the Merchant be either coyned into monies or marked by the \said/ Master of the Mint or his Deputy with the Mark or Stamp above mentioned. And be it further enacted by the authority aforesaid that all Ingots Cakes or other molten masses of forreign silver w^ch shall be entered in a Book {illeg}|p|rovided in the Mint for that purpose, and the Master of the Mint or his Deputy shall without fee or reward give to the Merchant an indented Ticket or Certificate cut out of the said Book \conteining or expressing the name or names of the true owner or owners thereof &/ certifying the number & weight of the Ingots Cakes or other molten masses of forreign silver marked as above and also the weight of the {illeg} monies coyned out of any of/other\ Ingots Cakes or other molten masses of |y^e sd| forreign silver |all silver brought to the the Mint as forreign & not proved to forreign as above shall be coyned into monies \of equal value w.^th y^e silver/ & the said \shall be/ delivered to the Merchant importing the owner of the silver according to the course of the Mint without any Ticket for exporting y^e same.| And whereas the liberty of exporting silver only in the forme of Bullion occasions the couning of considerable quantities thereof by the Indians in such Ports in such Ports of the <579r> east Indian|es|s where the Merchants trading to these countries have not a Mint of their own, for w^ch coynage the Indians receive of t{illeg}|he| Merchants a considerable seigniorage or duty at discretion, and the coynage of forreign silver in England with liberty to export so much money by weight and no more as hath been coyned out of the same would \by the use of the said money circulating in England till exportation/ be profitable to the Merchant by the use of the said money till exportation and would also encrease the coyn of this kingdome by the \use of the/ said money running amongst us till exportation and use of the said money \circulating/ in England till exportation. and after exportation by \their/ |its| circulating in foreign regions\countries/ would make this {illeg}|Kin|gdō appear abroad more rich and potent then at present to the great credit of the \English/ nation; Be it therefore enacted by the authority aforesaid that the Merchant\from and after the tenth\first/ day of June \May/\June/ aforesaid/ upon delivering the said Tickets or any of them at the Custome house may within one years after the making of the Bullion or coyning of the monies certified in the said Tickets so delivered\the Merchant/ by Warrant \or Cocket/ of the Commissioners of the Customes or any            of them upon a day appointed in the Warrant\mentioning\w^ch they are hereby upon the/ the {sic} receipt of the said Tickets ,|o|r Tickets (& not otherwise) impowered to grant & required to grant,/ \may/ within one year after the marking of the Bullion or coyning of the monies certified in the said Tickets or Tickets so delivered upon a day appointed in the Warrant ship \or cause to be shipt/ for exportation the said Bullion so marked &|a|nd certfified or any part thereof and also the said English silver monies so certified or the same weight of English silver monies or any part thereof. And the Customer shall enter the saide \bullion and monies in a book provided in the Custom House for that purpose/ and \shall/ file the Tickets. And the Merchant upon shipping the said English silver monies for exportation shall pay three half pence per ounce Troy at the Custome house for the Charge of assaying melting and coyning the same which Duty shall be kept apart with the Duty granted for encouragement of coynage and therewith paid into the Exchequer and thence imprest <580r> to the Master of the\& Worker of his Majesties/ Mint for the same uses; And it shall and may be lawfull for the Merchant to export the Bullion so shipt any law or stature to the contrary in any wise notwithstanding. And be it further enacted by the suthority aforesaid that it shall not be lawfull for any person or persons whatsoever to export or to ship or or carry on b\o/ard any ship n\cause to be shipt or put on board/ or to buy or sell any Ingots Barrs Wedges Cakes or other molten masses of Silver not markt|e||d| with the Mint stamp above mentioned nor to ship \or cause to be shipt or put on board/ any silver on any other day then thap|t| appointed in the Warrant aforesaid except pocket money allowed to be exported nor to export any silver (other then pocket money aforesaid) out of any other Port of England then that of London nor to export any silver out of Ireland except into England. And of any person or persons whatsoever shall shop any silver\or cause to be shipt or put \on board// \or cause to be shipt or put on board any molten silver or/ Bullion not markt with the Mark or Stampt af|b|ovementioned or any more\greater quantity of/ Bullion or English silver monies then is certified in the Mint \Ticket or/ Tickets delivered to the Customer |q?| as above or shall ship any Bullion or Monies in any other name then that of the true owner or on any other day then that appointed in the Warrant aforesaid or shall knowingly bring silver to the Mint to be marked with the Mint stamp or coyned as forreign which is not forreign [or shall buy or sell any bullion which is not markt \it/ with the stamp aforesaid], the said Person or Persons so offending shall forfeit the said silver Bullion and monies and also the summ of          hundred pounds the one half to the King the other half to y^e Discoverer or Informer &c|it shall & may be lawfull to & for any Officer or Officers of his Maj^ty. customes or any other person or persons whatsoever to seize such molten silver & Bullion so shipped &|or| put in board as forefeited the one half\Moiety/ whereof shall be to his Maj^ty. his Heirs & successors & the other half to Moiety to| Officer or Officers or person or persons so seizing the same: And the owner or owners proprietor or ^[1] proprietors of such molten silver or bullion or monies shall forfeit double the value of such molten silver or Bullion or Monies one moiety whereof shall be to his Majesty & the other Moiety to the <581r> person that shall see or inform for the same to be recovered with costs of suit \in any of his Maj^ts. Courts of Record/ by action of debt Bill Plaint or Information wherin no Privilige Protection or Wager of Law shall be allowed nor any more then one Imparlance; and the Captain or Master of such ship or vessel if the same belong to a susject who shall knowingly permit the said Molten silver or Bullion to be put on board his Ship or Vessel shall forfeit to such person or persons as shall sue or inform for the same the summ of two hundred pounds to be sued for and recovered in manner as aforesaid and in case the Ship or Vessel be a man of Warr or vessel belonging to his Majesty then the Captain thereof shall forfeit the summ of two hundred pounds to any person that shall sue for the same as aforesaid & shall also forfeit his imployment & be made uncapable of any Office or Imployment Civil or Military. And be it further enacted by the authority aforesaid that if any Commissioner or Commissioners Offi{illeg}|er| Cus or Officers of the Customes shall grant any Warrant or Cocket for exporting of any molten silver or\molten silver or/ Bullion whatsoever\or English monies/ whatsoever before such Ticket or Certificate \concerning the same/ be delivered at the Custome-house as by this Act is directed and entry thereof made in the Book hereby directed to be kept by the Comm^ers of the Customes that every such Commissioner & Officer of the Customes so offending shall forfeit the summ of two hundred pounds & be made uncapable of any other office or place of profit or trust whatsoever. And it be further enacted that by the authority aforesaid that in case any seizure of any molten silver or bullion or silv English silver monies shall happen to be made in pursuance of this Act \as above/ or that any Action Bill Plaint or Information shall be broughtfor any of the forfeitures \or penalties/ in this Act or penalties incurred by this Act and a doubt or question shall arise theron whether the molten silver or Bullion or English silver monies so seized \or any part thereof/ were really and truly forreign Bullion or monies coyned out of forreign <582r> or\Bullion, or of the like value, or/ prohibited to be exported, or otherwise forfeited by this Act, in every such case the proof shall lye on the part of the o|O|wner Proprietor or Claimer of such molten SIlver or Bullion or Monies or of the p|P|arty sued, & in default of such proof the Bullion or monies in question shall be adjudged deemed construed & taken to be Bullion or monies forfeited by this Act & liable to the penalties before mentioned. And be it further enacted by the authority aforesaid that if any person or persons whatsoever shall by|u|y or sell any molten silver or Bullion not markt with the stamp aforesaid, it shall be lawfull for any other person or persons whatsoever to seize the same as forfeited the one half to Moiety whereof shall be to his Maj^ty. his heirs or successors & the other Moiety to the person or persons |so| seizing the same. And be it further enacted that if any by the authority aforesd that if any person or persons whatsoever shall counterfeit the Mark or Stamp aforesaid above mentioned upon any Ingot Barr Cake Wedge or other Mass of molten silver or shall counterfeit any Puncheon Stamp or Dye for making the said Mark or shall counterfeit any Ticket or Tickets for expo of the Master & Worker of the\his Majesties/ Mint for procuring the exportation of the any Bullion or Monies as aforesiad such person or persons so offending shall be deemed & adjudged guilty of Felony and being thereof convicted or attainted according to the order & course of the laws \of this Realm/ shall suffer death as in case of Felony of this Realm shall be excluded the benefit of his her or their clergy & shall suffer death as in case of Felony in such manner & form as they were no Clerks\without benefit of Clergy/ And wheras \by certain classes/ in an Act of Parliament made in y^e sixt year of his Majesties Reign \it is enacted that/ no molten silver may be transported unless the same be first marked or stamped at GoldSmiths Hall & there proved & certified to be forreign slver, and by another Act made in the Seventh year of his Maj^ties reign intuled {sic} a|A|n Act to encourage the bringing Pate into the Mint <582v> to be coyned and for the further remedying the ill state of the Coyn of the Kingdome it was\is/ enacted that no Bullion be shipped for exportation without cerficate from the court of the Lord Mayor & Aldermen of the CIty of London that the same hath \before them/ been proved to be upon oath \made before them/ to be forreign bullion, & certain penalties w|a|re laid upon them who, without\shall/ such proof & marke & certificates should export \any/ Bullion; Be it shall{illeg}d ship & export or ship any \other/ Bullion then forreign, w^ch was not forreing Be it further enacted \by the authority aforesaid/ tha{illeg}t all the said clauses of the two Acts of Parliament aforesaid w^ch relate to the Marking certifying & exporting of forreign Bullion & punishing Offenders who export other Bullion then forreign \be repealed & they/ are hereby repealed & made voyd.