No. XLV.

4 Hen. VII. c. 2.

For what pur

poses silver

may be melted.

Silver molten

not be sold.

worse; and that every finer put his several mark upon such fine silver, to bear witness of the same to be true, as is aforesaid, upon the pain of the value found contrary to be forfeit; the King thereof to have the one half, and the finder that can prove it, and will sue for it in the exchequer, the other half. And that no goldsmith nor goldsmiths within this realm melt or allay any fine silver, to be for any works or other intent, but only for making of amels, for divers works of goldsmithry, and for amending of plate to make it as good as sterling, or better, for the common weal of this Realm.

II. Nor that they sell no fine silver, nor other silver allayed, molten into into mass shall mass, to any person or persons whatsoever they be, nor one goldsmith to another. This ordinance to be kept by the goldsmiths in every point, upon pain of forfeiture of the same silver, or the value thereof; the King thereof to have the one half, and the finder that can prove it, and will sue for it in the King's exchequer, the other half.

A repeal of patents of of fices belonging

to the mint.

No. XLVII.

19 Hen. VII.

c. 5.

The coins of

gold and silver current within

this realm shall so continue for the sums that they were coined.

III. Also it is ordained by the same Authority, That all letters patents and grants of offices belonging or pertaining to the mint of our Sovereign Lord the King, or exercised in the same, with fees and wages thereto belonging, be from henceforth void and of none effect.

[No. XLVI.] 4 Henry VII. c. 18.-The Forging of the Coin of other Realm allowed to be current in this Realm shall be Treason.

[No. XLVII.] 19 Henry VII. c. 5.—Coin.

HE King our Sovereign Lord, seeing evidently that his coin, and specially of silver, is sore impaired, as well by clipping thereof, as counterfeiting of the same, and by bringing into this his Realm of the coin of Ireland, by occasion whereof great rumour and variance daily increaseth among his subjects for taking and refusing of the same: For ceasing and pacifying whereof, and for the universal weal of this his realm, by the advice and assent of his Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, hath ordained, established, and enacted, That all manner of gold of the coins of a sovereign, half-sovereign, ryal, half-ryal, and the fourth part of a ryal, the angel, and half-angel, and every of them, being gold, whole and weight, shall go and be current in payment through all this his realm for the sum that they were coined for. And also that as well all manner groats of English coin, and of the coin of other lands now current in this realm, for groats, or for iv. d. being silver, and not clipped, minished, or otherwise impaired, except reasonable wearing (albeit they be cracked) as all manner of half-groats, or pence of ij. d. of English coin, or of the coin of other lands, now current in this realm for half-groats, or for ij. d. not clipped, minished, or otherwise impaired, being silver (howbeit they be cracked) shall in likewise go and be current through all the same realm for the sum as they were coined for. And over that, That all manner of pence being silver, and having the print of the King's coin, shall have course, and be current for payment, as well to him in all his receipts, as to all his receivers, and to all other Lords Spiritual and Temporal, and their receivers, and to all other within this his realm, without any manner refusal or contradiction; except only pence bearing spurs, or the mullet, betwixt the bars of the cross; and those pence so bearing the print of the spur, or the mullet, to have course for half d. and not above. And if any person hereafter refuse any coin afore rehearsed, to take it in payment after the effect and the tenor of this Act, that then he that so refuseth it shall be compelled by the mayor, sheriff, bailiff, constable, or other chief officer or governor of the town or place where any such payment shall be refused, to accept and take the same payment, and furthermore to be imprisoned, or otherwise punished by the discretion of the said mayor, sheriff, bailiff, constable, or other chief officer or governor afore rehearsed. And if the said The penalty if a mayor, sheriff, bailiff, constable, or other chief officer or governor refuse

What pence shall be current within

this realm.

The penalty of

those that refuse to receive the coins in payment.

c. 5.

or diminished

to take any such coin in payment, as it is above rehearsed, that then he so No. XLVII. refusing the said payment, to be compelled by the justices of the peace of 19 Hen. VII. the same county where such payment shall be so refused, to accept and take the same payment, and he so refusing the same, to be further punished for the said refusing by the discretion of the same justice. And also it is chief officer ordained by the said authority, That all manner of groats and half-groats, or refuse to take pence of ij. d. as well English coin, as coin of other lands, clipped, miany of the said nished, or otherwise impaired, except reasonable wearing, shall not go nor coins in paybe in any wise current for payment within this realm, but utterly to be ment. refused and forsaken in payment from henceforth: And that notwithstand- Money clipped ing it shall be lawful to any person having any such groats or pence of ij. d. clipped or minished, to bring the same to the King's mint, there to be shall not be changed after the custom of the same mint, or convert the same into plate, current in paybullion, or otherwise sell or employ it to his most profit and advantage ment. within this realm, any other Act or Acts to the contrary in any wise not- How any perwithstanding. And in eschewing and avoiding of such clipping in time to son may use come, the King our Sovereign Lord, by the advice of his council, hath money that is caused to be made new coins of groats, and pence of ij. d. and that every clipped or dipiece of the same coins shall have a circle about the utter part thereof; minished. and also that all manner of gold hereafter to be coined within this his realm A remedy to shall have the whole scripture about every piece of the same gold, without prevent clipping of the lacking of any part thereof, to the intent that his subjects hereafter may, have perfect knowledge by that circle or scripture when the same coins be clipped or impaired. And also it is enacted by the said authority, That if the warden and contfoller of the King's mints hereafter duly execute not their offices in searching the same coins, and see that it be made perfect in form aforesaid, before that it pass from the said mint, that then the same warden and controller shall forfeit their said office, and make fine for the same at the King's pleasure. Moreover it is enacted by the said authority, That no manner of person shall carry nor convey, nor cause to be carried or conveyed, out of this realm, any bullion, plate, or coin of gold and silver into Ireland, over and above the sum of vj. s. vij. d. nor convey any such bullion, plate, or coin into any ship, boat, or other vessels to the said intent, upon pain to forfeit the said bullion, plate, or coin, and to have imprisonment, and make fine and ransom at the King's will: And in likewise, That no manner person bring nor convey, nor cause to be brought nor conveyed, any manner of coin of gold or silver above the sum of in. s. iv. d. of the coin of Ireland into this realm, upon pain of forfeiture of all the same coin above the said sum of iii. s. iv. d. so brought into this realm, and to have imprisonment, and to make fine and ransom at the King's pleasure; and that it shall be lawful for every of the King's subjects to take and seize all such money of the coin of Ireland, hereafter to be brought or conveyed into this Realm, over and above the said sum of ij. s. iv. d. and to bring it to the King's mint, there to leave the same to the King's use; and every person that so shall bring any such Irish money to the said mint, shall have the value of the one half of all such Irish money by him so brought to the said mint at the same time delivered to him to his own use by the master of the mint for the time being.

[No. XLVIII.] 14 and 15 Henry VIII. c. 12.- What Coiners shall do that make money at any mint within England. Coiners that shall make any Money at any Mint shall coin Part thereof Half-Angels, Groats, and small Money. The Print of the Farthing. The tenth Part of Money coined for any Person shall be paid in Half-pence and Farthings. This Act not to affect the Coiners of York, Duresme, or Canterbury.

[No. XLIX.] 5 and 6 Edward VI. c. 19.-An Act touching the Exchange of Gold and Silver.

No money,

plate, or bullion shall be Ireland above vj. s. viij. d.

carried into

No Irish coin of gold or silver shall be brought into England.

5 & 6 Ed. VI. c. 19.

No. XLIX. WHERE in the Parliament holden at Wesminster the twenty-fifth year of the reign of King Edward the Third, it was accorded, That it 'should be lawful for every man to exchange gold for silver, or silver for 'gold, or for gold and silver, so that no man did* hold the same as ex‹ changed, nor take no profit for making of such exchange, upon pain of for'feiture of the money so exchanged, except the King's exchangers, which 'take profit of such exchange according to an ordinance before that time 'made: Which Statute notwithstanding, divers covetous persons have of their own authorities have of late taken upon them to make exchanges, as well of coined gold as of coined silver, receiving and paying therefore more in value than hath been declared by the King's Proclamation to be current for within this his realm and other his dominions, to the great 'hindrance of the commonwealth of this realm :'

* Hold a common exchange. The penalty for exchanging

of Gold and Silver.

The penalty for giving or receiving for money more

than it is current.

6

II. Be it therefore enacted by the King our Sovereign Lord, by the assent of the Lords and Commons in this present Parliament assembled, and by the authority of the same, That if any person or persons after the first day of April next coming exchange any coined gold, coined silver or money, giving, receiving or paying any more in value, benefit, profit or advantage for it, than the same is or shall be declared by the King's Majesty's proclamation to be current for within this his Highness's realm and other his dominions, that then all the said coined gold, silver and money so exchanged, and every part and parcel thereof, shall be forfeit, and the parties so offending shall suffer imprisonment by the space of one whole year, and make fine at the King's pleasure: The one moiety of the said gold, silver or coin so forfeited, to be to the King our Sovereign Lord, and the other moiety to be to the party that seiseth the same, or will sue for it by bill, plaint, original action of debt, information or otherwise, in any of the King's Courts of Record; in which suit no essoin, protection or wager of law shall lie, be allowed or admitted. (1)

(1) The exchanging Guineas for Banknotes, taking the Guineas in such exchange at a higher value than they were current for

No. LI. 1&2 P. & M.

c. 11.

Bringers in of counterfeit coin into this

realm shall be punished as traytors.

by the King's Proclamation, is not an offence against the Stat. 5 & 6 Ed. 6. c. 19. Rex v. De Yonge, 14 E. R. 402.

[No. L.] 1 Mary, sess. 2. c. 6.-An Act that the counterfeiting of strange Coins being current within this Realm, the Queen's Highness's Sign Manual, Signet or Privy Seal, to be adjudged Treason.

[Inserted in the last Class, p. 82.]

[No. LI.] 1 and 2 Philip and Mary, c. 11.-An Act for the Punishment of the bringing in of the counterfeit Coins of Foreign Realms, being current within this Realm. WHERE divers and sundry coins of gold and silver, of other realms, not being of the proper coin of this realm of England, and yet by 'the sufferance and consent of the King and Queen our Sovereign Lord and Lady, be current in payment within this realm, many ill disposed persons, for their own corrupt lucre and advantage, have now of late brought into this realm from the parts beyond the sea great quantity of forged and counterfeit money, like to the said coin of other foreign realms, and have uttered the same here by merchandizing and otherwise, ' to divers of the subjects of this realm, to their great deceit, hurt and damage; because the said ill-disposed persons have perceived and under'stood, that there was not, nor yet is, any sufficient Law or Statute made or provided for the condign punishment of the offenders in that behalf:' II. Wherefore be it enacted and established by the authority of this present Parliament, That if any person or persons after the twentieth day of January next coming shall bring from the parts beyond the sea into this realm, or into any of the dominions of the same, any such false and counterfeit coin or money, being current within this realm, as is aforesaid,

knowing the same coin or money to be false and counterfeit, to the intent to utter or make payment with the same within this realm, or any the dominions of the same, by merchandizing or otherwise; that all and every such person or persons so offending as aforesaid, their counsellors, procurers, aiders and abettors in that behalf, shall be deemed and adjudged to be offenders in high treason, and shall suffer after lawful conviction or attainder thereof, such pains of death, loss and forfeiture of lands, goods and chattels, as other offenders shall do in cases of high treason.

No. LI.

1 & 2 P. & M.

c. 11.

offender for

III. And be it further enacted by the authority aforesaid, That all and The manner of every person or persons that shall at any time after the said twentieth day indictment, of January be accused or impeached of any of the offences contained and trial, &c. of an provided for in this Estatute, or of any other offence or offences concerning the impairing, counterfeiting or forging of any coin current within this impairing or realm, shall and may be indicted, arraigned, tried, convicted or attainted forging of coin. by such like evidence, and in such manner and form, as hath been used and accustomed within this realm, at any time before the first year of the reign of our late Sovereign Lord King Edward the Sixth; any statute, custom, law, or usage to the contrary thereof in any wise notwithstanding. 9 Ed. 3. stat. 2. c. 2.

No. LII.

5 Elizabeth, c. 11.

[No. LII.] 5 Elizabeth, c. 11.—An Act against the Clipping, Washing, Rounding and Filing of Coins. WHEREAS the offences of clipping, rounding, washing and filing of monies or coins of this realm, was declared by an Act of Parliament ' in the time of King Henry the Fifth to be treason to the King and the ⚫ realm, and according to the said Act, the same offences were and did continue treason until the first year of the reign of Queen Mary, at which time the pains and penalties due for the said offences were abrogated and The clipping, * taken away by the general Act of repeal then made: by reason whereof &c. of coins for divers false and evil-disposed persons, perceiving themselves to be loose gain's sake shall be high ' and free from the severity and danger of the said law and penalty, have treason. 'been of late the more hardy and bold to attempt and practise, for wicked 3 H. 5. c. 6. lucre and gain's sake, to diminish, impair and falsify the monies and coins 1 Mar. sess. 1. ' current within this realm, and the dominions of the same, by such clipping, c. 1. washing, rounding and filing thereof, not only to the great dishonour of The prejudices the Queen's Majesty our Sovereign Lady that now is, by whose great redounding to goodness the new monies or coins of the same are now reduced to as much the Queen and 'fineness as ever hath been in any time of her noble progenitors, but also the realm, by 'to the great loss and damage of the good subjects of this realm, and more clipping,wash' is like to be hereafter, if the same be not speedily met withal:' ing, &c. of

II. For remedy whereof, Be it enacted, declared and established by the money. authority of this present Parliament, That from and after the first day of The clipping, May next coming, clipping, washing, rounding or filing, for wicked lucre or washing, gain's sake, of any the proper monies or coins of this realm or the domi- rounding or nions thereof, or of the monies or coins of any other realm allowed and filing of cursuffered to be current within this realm or the dominions thereof, at this rent money, shall be adpresent, or that hereafter at any time shall be the lawful monies or coins of this realm, or of the dominions thereof, or of any other realm and by son. Inforced judged treaproclamation allowed and suffered to be current here by the Queen's by 18 El. c. 1. Majesty, her heirs and successors, shall be taken, deemed and adjudged by 6 & 7 W. 3. virtue of this Act to be treason; and the offenders therein, their counsel- c. 17, § 9. lors, consenters and aiders, shall be, from and after the same first day of May, taken, deemed and adjudged as offenders in treason, and being thereof lawfully convicted or attainted according to the order and course of the laws of this realm, shall suffer pains of death, and lose and forfeit all his and their goods and chattels; and also shall lose and forfeit all his and their lands and tenements, during his and their natural life or lives only. III. And be it further enacted by the authority aforesaid, That all and every person and persons which have any lawful grant to have and enjoy the forfeiture of lands, tenements, goods or chattels of offenders and men attainted in high treason, within any manor, lordship, town, parish, hun- by grant, shall dred or other precinct within this realm of England or Wales, shall and

VOL. V.

M

They who have forfeitures of lands or goods

in this case enjoy them.

No. LII.

5 Elizabeth, c. 11.

These offences make no corruption of blood or forfeiture of dower.

Trial of a peer by peers.

No. LIII.

14 Elizab.

c. 3.

It is misprision of high treason to forge money

which is not the coin of

may at all times hereafter have like liberty to take, seize and enjoy all such forfeitures of lands, tenements, goods and chattels, as shall come or grow within their liberties, by force of the attainder of any person or persons for and upon any offence or offences made treason by this Act, as they or any of them should, ought, or might have, by virtue of any good and lawful grant to them or any of them heretofore had or made.

IV. Provided always, and be it enacted by the authority aforesaid, That this Act, nor any thing therein contained, nor any attainder or attainders of any person or persons for any offence or offences made treason by this Act, shall in any wise extend or be judged, interpreted or expounded, to make any corruption of blood, to any the heir or heirs of any such offender or offenders, or to make the wife of any such offender to lose or forfeit her dower of or in any lands, tenements or hereditaments, or her title, action or interest in the same; any thing in this Act contained, or any attainder or attainders hereafter to be had for any offence or offenees made treason by this Act, to the contrary notwithstanding.

V. And be it further enacted by the authority aforesaid, That if any of the Lords of the Parliament, or peer of this realm for the time being, shall fortune at any time hereafter to be indicted of any offence made treason by this Act; that then they and every of them shall have his or their trial by their peers, as hath been used heretofore in cases of high treason.

[No. LIII] 14 Elizabeth, c. 3.-An Act against the Forging and Counterfeiting of Foreign Coin, being not current within this Realm.

FORASMUCH as by the laws or statutes of this realm, small or no condign punishment is at this time provided for such evil-disposed persons as shall counterfeit or forge such kind of gold or silver of other 'realms as is not the proper coin of this realm, nor current in payment 'within this realm; by reason whereof divers evil-disposed persons, as well ' without this realm as within, are encouraged and emboldened daily to counterfeit or forge such kind of gold and silver, and utter the same in this realm, in great deceit of her Majesty's subjects: Be it enacted by our said Sovereign Lady the Queen, the Lords Spiritual and Temporal, and the Commons, of this present Parliament assembled, and by the authority of the same, That if any person or persons hereafter falsely forge or counterfeit any such kind of coin of gold or silver as is not the proper coin of The penalty of this realm, nor permitted to be current within this realm: that then every forging of coin such offence shall be deemed and adjudged misprision of high treason; and which is not the offenders therein, their procurers, aiders and abettors, being convict the money of according to the laws of this realm of such offences, shall be imprisoned, this realm, nor and forfeit such lands, goods and chattels as in cases of misprision of current there- treason for concealment of high treason.

this realm, nor current there in.

in.

No. LIV.

18 Elizab.

c. 1.

Diminishing, scaling or lightening of

any coin cur

rent within

[No. LIV.] 18 Elizabeth, c. 1.-—An Act against the diminishing and impairing of the Queen's Majesty's Coin, and other Coins current within this Realm.

WHEREAS the offences of clipping, rounding, washing, and filing, for wicked lucre or gain's sake, of any the proper monies or coins of this realm or the dominions thereof, or of the monies or coins of any ' other realm allowed by proclamation, and suffered to be current within ' this realm or the dominions thereof, by a statute made in the fifth year of the Queen's Majesty's reign, are taken, deemed and adjudged to be treason; and the offenders therein, their counsellors, consenters and aiders,

' likewise deemed and adjudged as offenders in treason, and being thereof lawfully convicted or attainted, according to the due order and course of this realm shall the laws of this realm, are to suffer pains of death, and to lose and forbe high trea' feit all his and their goods and chattels, and also all his and their lands ' and tenements, during his and their natural life or lives only, as by the 'said estatute thereof made, among other things therein contained, more at

son.