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A34498 Copy of a pape [sic] presented in the year, 1681, to the then Duke of York vvhilst he was in Scotland; entituled, Considerations on the Scots Mint; and of a commission granted under the Great-Seal, in the year, 1682. by King Charles the Second, for the tryal of the mint; and of the reports made thereon: together with the copies of His Majesties several missive letters, containing his approbation, and further determination thereanent; faithfully transcribed from the originals. 1691 (1691) Wing C6183B; ESTC R215455 28,778 48

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the Kingdom and for advancing his own Revenue arising by the Mint did allow a certain sum yearly as a stock for buying in of Bullion from time to time which might have been exchanged ten or twelve times in the year as was in use formerly to be done yet notwithstanding that Stock of Money has not been at all Imployed by which the Country has been extreamly prejudged and the King defrauded of the benefit that would have arisen thereby if the Bullion had been imported and exchanged as it ought to have been according to His Majesties appointment and the time that should have been so profitably imployed in Coyning of Bullion has been mispent in Coyning great quantities of Copper-money to the great prejudice of the Liedges at home and to the hurt of Trade and Commerce abroad and albeit that stock of Money was not imployed in manner as was appointed yet the Generals and the Master did exact yearly from the King the interest thereof as if it had been imployed Secundo His Majesty after the example of His Royal Predecessors having designed for the advancement of the Union Trade and Commerce between the two Kingdoms that the Money Coyned in both should be of alike weight and fineness And for that effect in the year 1662. caused frame an indented Silver Standart Plate of Sterling fineness and secured with His Majesties Seals a part whereof was sent hither to be keeped as the Rule whereby to make Essays of the fineness of the Silver in all time coming Nevertheless it appears That all the Money of this Kingdom since that time has been designedly Minted far below the fineness of that Standard Plate Neither has there ever any use been made thereof since it came hither and as for the remedies in fineness only allowed in cases of Casuality and no otherways the Officers have combined not only to work upon but even below them and by paction to divide the profits arising from thence amongst themselves when indeed they were obliged to compt to His Majesties Thesaury for every such Grain of Remedy in fineness wrought upon under the true established Standard By this it is evident That the Generals who should chiefly have been concerned for the King's interest has malversed in their Offices that the King has been defrauded of a considerable sum which would have thence accresct●d to him and that the Master and Wardens have concurred to persist in debasing the fineness of the Money of this Kingdom for their own advantages And albeit it be contrair to Law and the Nature of all Mints that any Silver Money should pass the King's Irons without an Essay thereof first taken that it may be found of fineness deliverable Yet it appears by the Books of Meltings and Printings and several Depositions that a great part of the Coyn of this Kingdom under the pretence of Silver called Chizle Heads Sweeps and Scrapes has been melted and Printed without the presence or knowledge of the Essay-master or any Essay thereof taken which furnished opportunity to the Officers to Coyn at what rate they pleased And as His Majesty at the time foresaid established the fineness of His Coyn in manner mentioned so did He with no less consideration determine the true weight thereof and for that end caused adjust four Piles of Weights fitted for the Denominations usual in both Kingdoms two whereof were sent hither and the other two keeped at the Tower of London all exactly marked for their security and ordained to be the common Rule for the Silver Weight of both Kingdoms Nevertheless it appears that one of these Pyles being the proper Weights of Scotland the like being reserved in the Tower of London after it came hither was keeped up by the Generals without giving order to make use thereof for some years until the Master in the year 1680 apprehending he might be questioned for using the Dean of Gilds Weights of Edinburgh when the King's Weights were in the Mint-house Did of himself without order adjust his own Weights by that new Pyle and caused the Work men to work accordingly But the Generals not pleased therewith commanded him to deliver up both these new Pyles that came from London and the old Weights he had rectified thereby to the Wardens to be set aside and no more used and caused make a new Set of Weights for his greater gain to be adjusted at the sight of David Maitland their Deput according to the Dean of Gilds Weights of Edinburgh which are far different from the New Pyle of Weights sent hither by His Majesty for the common Rule of Weight Neither did they exhibit the King's Warrand for receiving that Scots Pile of Weights and making use thereof to the Master before the year 1682. as appears by the Double of the Warrand produced and Attested by the Lord Justice-Clerk one of the Generals And thus they used and changed the Weights at their pleasure contrair to His Majesties Order The common Law and the Laws and Acts of Parliament of this Kingdom By which It is Statute That no person should use different Weights and that the users of false Weights shall lose their whole Goods and Gear and the same to be intrometted with for the King's use and as to the Remedies of Weight which are allowed only as the other Remedies of fineness in cases of casual Accidents and no otherwise The Wardens have so far transgressed that they constantly Troned the Pieces according to the Remedies under the just weight and by this means designedly rendred the King's Money to be light as they had by the like Artifice debased it in its fineness whereby the King was frustrat of the Profits which should accresce to him by the Grains of remedies of Weights under the just proportion for which the Officers were obliged to count in Exchequer but shared the Profits thereof amongst themselves the Merchants were also abused in delivering their Bullion at the Mint-house where they were forced always to give it by the Dean of Gild's Weights of Edinburgh which are heavier than the Scots Troy weight by two Unces and a half every Stone weight whereby they were discouraged to import the same They have also been constantly payed for their Bullion by ●ale whereas they ought to be payed by the Kings Coyn in the Ballance if the Mint were rightly regulated which would prove the only sure Check to secure the S●lver Coyn from any abuse in its due proportion of weight which accordingly ought to have been done by the Law before the Act of Parliament in the year 1669 As also the pieces of Coyn reserved in the Pixe ought to have been keeped whole whereby some Trial even that way might have been had of the just weight but it has been a corrupt Custom to cut these peices that no means might be left to cognosce upon the Silver whether it be weighty or light Tertio By the Laws and Acts of Parliament of this Kingdom the Coyners
of black Money without warrand are punished with Death And albeit His Majestie since his happy restitution was pleased to allow Six Thousand Stone of Copper to be Coyned at two several limited times Yet notwithstanding it appears by the Depositions of the Wardens the Accounts and other Evidences adduced that there has been Twentie Nine Thousand and six hundred Stone Coyned whereas there was only six Thousand Stone allowed So that there was twenty three Thousand and six hundred Stone of black Money coyned more than was allowed by the Warrands which is an infinite Prejudice to the Kingdom And whereas the Generals should have stopped the further coyning of Copper-Money so soon as the quantity allowed by His Majesty to be coyned at every Journey was exhausted Yet notwithstanding the Generals did allow and ordain the Officers to go on in the coyning of more Copper-Money after it was made known to them by the Master that the quantity of Copper allowed by His Majesty to be Coyned was exhausted and they also received the half of the Profits arising from the superplus that was coyned more than was allowed by His Majesty Quarto The Coyn of this Kingdom being lately cryed up and there being a considerable quantitie of Bullion lying in the Generals and Masters hands The whole Profit of the Exaltation being Five per cent which did belong to the King It appears that the Generals did acclaime the Benefit of the one half of the Exaltation from the Masters as a perquisit due to them albeit it truely belongs to the King and which did amount to a very considerable Sum. Quinto Albeit by the Common Law and several Laws and Acts of Parliament of this Kingdom It is statute that if any Judge or Minister of the Law take Buds or Bribes they shall lose their Honour Fame and Dignity and their moveable Goods to be confiscat deprived of their Offices and punished in their persons at his Majesties Will Yet notwithstanding the Lord Hatton one of the Generals did in the year 1679 being then Thesaurer Deput and one of the Commissioners of His Majesties Thesaurie and Exchequer as appears from what is deponed by the Master by Writs and other pregnant presumptions take from the Master of the Mint the Sum of six hundred pounds Sterling to procure allowance and payment of the ballance of his most unjust and exorbitant Accompts from the Exchequer preceeding the year 1674 relating to the Mint and Coyn stating the King Debitor to him in Fourtie four Thousand pounds Scots which he as General of His Majesties Mint was obliged to comptrol having special Trust and a Sallarie from His Majesty for that effect By which Accompts it likeways appears that the Lord Hatton as General received payment of three years Sallarie from the year 1660 to the year 1664 Albeit there was no Money coyned preceeding that time beside an hundred and fifty Guinies of Gold given to the Duke of Lauderdale and fifty pounds Sterling to John Kirkwood his Servant upon that same accompt as the Master has Deponed And further the General did again most grosly exact his Sallarie for the same years out of His Majesties Excise and so did get double payment of his Sallarie for the same years albeit in reason there was none due In respect there was no Coynage or Overseeing the Mint for these years Sexto Albeit by the Common Law and several Laws and Acts of Parliament of this Kingdom it is Statute That if any Officer be negligent and culpable in the execution of his Office he is to be punished in his person according to the quality of his Crime at the Kings Will And albeit the Generals by their Gifts and Offices were appointed to Comptroll the other Officers of the Mint and had power to hold Courts and to punish Delinquents and notwithstanding they did know that the Counter-Warden who is Check to the Warden did not attend his Office and that the Under-Officers of the Mint were negligent in keeping of Compt-Books Registers of the Coynage and many other things relating to their Offices and that they had committed many abuses and done many deeds of Malversation yet the Generals of the Mint did not hold Courts to punish them but were Sharers with them in the benefit arising by their Abuses and Malversations And the better to palliat the Abuses that they might not be discovered and that it might not be known what Profit and Advantage the Generals and other Officers of the Mint had made all this time past the Generals did take up all the compt-Compt-Books Registers and other Papers belonging to the Mint from the Under-Officers which were all Abstracted except two Leafs relating to the last Copper-Journal which had been torn out of a Book and were delivered to the Commissioners by the Counter-Warden Septimo Albeit by the Common Law and Laws of all Nations the eliciting and extorting of Bonds and Sums of Money especially by a superior Officer from these in Office under him is manifest and gross Oppression and severely Punishable yet notwithstanding the Generals of the Mint did vex and threaten John Falconer the late Warden to call him before His Majesties Privy Council unless he would grant a Bond to Al. Maitland Counter-Warden for the Sum of Twelve Thousand Merks upon the account of the third of the Remedies that were alledged to be due to him since his entry to his Office who never attended the same which Remedies did truely belong to the King yet notwithstanding the Warden was necessitat to grant Bond for Eleven Thousand Merks and grant a Discharge of a Thousand Merks that was due to him of his Fees and albeit the Bond was taken in Alexander Maitland's name yet it appears to have been to the Generals behove they having caused use Diligence upon the Bond and put the Warden in Prison where he was detained while he was necessitat to Compone and Transact the same with the Generals for the Sum of Seven thousand Merks which was payed and imployed for their use and behove It is not easie to make an exact Accompt of the Profits arising to the Generals Masters and other Officers of the Mint from these Abuses which certainly will amount to vast Sums But to conclude far within bounds it appears by an Accompt given in under David Maitland's Hands Deput and Trustee for the Generals that Twelve thousand four hundred and fourty three Stone of Copper did pass the Irons in the last Journal the printed value thereof accompted by them amounts to Two hundred ninety four thousand four hundred and fifty five Pounds Scots and compting the Stone of Copper at a Merk the Pound which was more than they truely payed for that Copper in cumulo amounts to one hundred and twenty eight thousand Pound so that there remains of free Profit to the Officers in the Mint one hundred sixty six thousand four hundred and fifty five Pounds Scots Money whereof the one half was altogether
King's Goldsmith and Essay-master of the Goldsmiths and of the Wardens of the Mint The Essay-master of the Mint did place as before a pound of fine Silver one pound taken out of the English Shillings which were Tryed yesterday one pound taken out of the commixture by melting with a little Borax of two pieces eleven Deniers two Grains fine taken out of the Pix Reported by the Essay-master in July 15 and 31 days one thousand six hundred seventy six years which Lignot was Tryed yesterday and a pound of the commixture by melting with a little Borax of two pieces taken out of the Pix and Reported by the Essay-master on March fourth one thousand six hundred eighty one years and July twenty sixth one thousand six hundred fourscore two years to be eleven Deniers fine which Lignot was also Tryed yesterday the fine Silver came out about three Grains worse having rayned the pound of English Shilling came out eleven Deniers two Grains and a sixth part the pound of eleven Deniers two Grains out of the Pix came out eleven Deniers seven Grains and an half the pound of eleven Deniers out of the Pix came eleven Deniers twelve Grains All the above-written Tryals did hold as above-written In Witness whereof we the persons above-written who were present have Subscribed this Report day and place foresaid Sic Subscribitur R. Gordon Jo. Falconer Alex. Mai●land Alexr Reid Archd. Falconar Jo. Borthwick Extractum per me sic subscribitur Ja. Johnston Cls. Com. Memorandum and Additional Report for the Lords Justice General and Register from the Commissioners of the Mint 〈◊〉 11 Au●●st 1682. WHereas we mentioned in the close of our last Report that the Method used here for Tryal of the fineness of the several Journals by putting pieces of every Journal in the Pix Box which pieces were to be melted into a Lignot and Judgment given of the whole Coynage according to that Lignot was not only unsecure but illusory Now on some Tryal made in presence of a Committee of our Number by the King's Goldsmith and Essay-master of the Mint It is found That albeit both the Officers of the Mint did confess and their Registers do expresly bear That some Journals have been of ten Deniers and twenty two Grains others of eleven and others of eleven and two Grains and the pieces of these Journals which were put in the Pix had the report of the Essay-master wrapt about every piece conform to the Registers and their own confessions Yet the foresaid Committee the Goldsmith and the Goldsmiths Essay-master together with the Master of the Mint and Wardens Have Declared by their Subscribed Report that the pieces of these very Journals are finer than the Report in which they are wrapt or which is contained in their Registers or Confessions some by 5 some by 6 some by 9 and some by 10 Grains which must necessarly evince that either the Essay-Master is ignorant or that other pieces than what he Essayed may be conveyed into the Pix and consequently that a Tryal made thereby is altogether unsure and the rather that by their own Registers it appears that no Money came in to the Mint neither in Bullion or Lignot near to the said Fineness Sic subscribitur G. Gordon Cancel Queensberry Tweeddale W. Drummond R. Gordon R. Baird Geo. Mackenzie Patrick Ogilvie Sic suprascribitur CHARLES R. RIght trusty and right well-beloved Counsellor We greet you well Having heard and fully considered the reports ●earing dates of the 4 th and 11 th instant sent to Us from the Commissioners lately appointed by Us for the tryal and examination of the state of Our Mint of that Our ancient Kingdom We are very well satisfied with the Exactness thereof and with their Care and Diligence in pursuance of Our Commission relating thereunto The Malversations of the Officers of Our Mint related in the said Report appear such And we give so intire Credit to the Information we have received thereby that we have now thought fit to remove the Lord Hatton Sir John Falconer Alexander Maitland and Archibald Falconer not only from their respective places and Offices in Our Mint But also from all other publick Offices and Imployments which at present they enjoy under Us which we hereby require you to intimat unto them and to cause these presents be recorded in Our Books of Privy Council as also you are to take care that Our Council command Our Advocat to prosecut the forenamed Persons before the Competent Judges either Civilly or Criminally as accords of the Law And since we look upon the Regulation of Our Mint as a matter of the greatest Importance to Us and Our People you are to call the Commissioners aforesaid and to require them to meet and to proceed by vertue of their former Commission to consider what shal be the fittest methods for ordering and securing Our said Mint for the future and to report the same to Us to the end we may declare Our Royal Pleasure therein In the mean time it is Our express Command that Our Privy Council put a stop to all Coynage till further Order from Us so we bid you heartily farewell Given at Our Court at Windsor Castle 25. August 1682 and of Our Reign the 34 year By His Majesties Command Sic subscribitur Morray Octavo Novembris 1682. SEDERUNT Haddo Cancellarius Newtoun Praeses Nairn Tarbat Clericus Registri Collingtoun Castlehill Reidfurd Pitmedden Harcars Saline B●yne Drumcairn Kemney THe which day the Lord Chancellor produced a Letter from His Majesty direct to him which being read the Lords ordained the same to be Recorded in the Books of Sederunt of which Letter the Tenor follows Suprascribitur CHARLES R. Right trusty and right well beloved Cousin and Counsellor We greet you well Whereas by Our Letter to you bearing date at Windsor the twenty fifth day of August last by-past upon Our hearing the two Reports sent unto Us by the Commissioners lately appointed by Us for the Tryal and Examination of the State of Our Mint of that Our Antient Kingdom We did signifie that We had removed the persons therein named not only from their respective Places and Offices in Our said Mint but also from all other Publick Offices and Imployments which they did then enjoy under Us And did likewise order you to take care that Our Council should Command Our Advocat to prosecute them before competent Judges either Civilly or Criminally as accords of the Law It is now Our Will and Pleasure and We do hereby Authorize and Require you to take care that Our Council command Our Advocat to prosecute the therein mentioned Lord Haltoun now Earl of Lauderdale Sir John Falconer Alexander Maitland and Archibald Falconer civilly before the Lords of Session only and when We shall have an account of the Result of that civil Process before them We shall thereafter signifie Our Pleasure concerning any further matter that may be laid to their Charge in such manner as to Us