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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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in Our Royal Wisdom shall seem fit And in regard We did not in Our said Letter to you of the 25 of August last make mention of John Falconer the late Warden of Our said Mint notwithstanding of his Malversation which clearly appears by the Report of Our saids Commissioners during his long continuance in the Place of Warden aforesaid It is also Our express Pleasure that he be prosecute in the same manner and method which We have prescribed for the Process against the persons already mentioned For doing of all which these Presents to be Recorded both in the Books of Our Privy Council and of the Session if needful shall be to you and them respectivè and to all others who may be therein concerned a sufficient Warrand And so We bid you heartily Farewell Given at Our Court at Whitehall the 2 d day of October 1682. And of Our Reign the thirty fourth year By His Majesties Command Sic subscribitur MORRAY Double of the KING's Letter in favours of the Earl of Aberdene and Collonel Grahame 1683. AT Edinburgh the eighth day of May One thousand six hundred fourscore three years His Majesties Letter under-written direct to William Marquess of Queensberrie Lord High Thesaurer for the Kingdom of Scotland and John Drummond of Lundie Lord Thesaurer-Deput was presented and read and ordained to be Booked Whereof the Tenor follows Sic suprascribitur CHARLES R. Right Trusty and right well beloved Cousin and Counsellor and right Trusty and well beloved Counsellor We greet you well We have seen and fully considered the Decreet bearing date at Edinburgh the 20 day of March last obtained at the instance of Our Advocat against Charles now Earl of Lauderdale Richard Lord Maitland and the other Officers of Our Mint of that Our Antient Kingdom by which they are found justly lyable to Us in great and considerable Sums much above what We are informed they are able to pay and are thereby fully convinced that their Ma●versations and Abuses of their Trust have been so great that they ought not for the terror of others to pass without severe punishment Yet out of Our Royal Goodness and Clemency being unwilling to ruine them and their Families and calling to mind the forwardness of the said Earl of Lauderdale and Lord Maitland in Our Service in several other Stations and the many good Services done to Us and Our Royal Ancestors by their Predecessors We have now thought fit to let you know that seing the said Earl of Lauderdale and Lord Maitland did fully submit to Our Determination and have since humbly begged and Petitioned Our Favour It is therefore Our Will and Pleasure that the said Charles Earl of Lauderdale and Richard Lord Maitland Dispone to Our Right Trusty and right well beloved Cousin and Counsellor George Earl of Aberdene Our Chancellor in the most ample Form and Manner that he can in Law require all and whole the Lands of Dudhope Benvie and Balrudrie and all others whatsomever lying within ten Miles of Dundee which formerly did belong to the deceast Earl of Dundee and have been since possessed by the said Earl of Lauderdale or the Lord Maitland and also that they Dispone to the said Earl of Aberdene all Houses Tenements and Gardens lying within the Town of Dundee or Bonnet-Hill belonging to them with all the Right they have to the Passage on the Water of Tay any manner of way with the whole Profits and Emoluments thereof as also the Right of Patronage of the Parsonage of Dundee and all Superiorities and Fe●-duties or other Duties whatsomever lying without the said Town within the bounds aforesaid which formerly did belong to the said deceast Earl of Dundee and were since possest by the said Earl of Lauderdale or Lord Maitland Make full Right of and Dispone to Our right Trusty and well beloved Collonel John Grahame of Claver-house The House of Dudhope with the Garden Orchard Park and Planting adjacent thereunto as also the Office of Constabulary of Dundee and all other Jurisdictions Priviledges and Superiorities and particularly the Rights Priviledges and Emoluments of the first Fair within the said Town Together with all other Rights Profits and Emoluments therein possest by the said Earl of Lauderdale or Lord Maitland which formerly did belong to the said Earl of Dundee that are not there above particularly ordered to be Disponed to the said Chancellor Providing always that the said Collonel John Grahame pay to Our said Chancellor twenty years purchase for one years Liferent that can arise unto him by this Disposition which at any time hath been accompted for in the Rental-books as a part of these Lands Disponed to Our said Chancellor And it is Our further Will and Pleasure that the Rights of the saids Lands Houses Jurisdictions and Superiorities and others generally and particularly above-mentioned as well in favours of Our said Chancellor as of the said Collonel Grahame be free of all Burdens and incumbrances whatsoever especially the Warrandice of the Lands and Estate of Craig the Lady Maitland her Joynture and the depending Process at the instance of the late Earl of Dundee's Creditors Or otherways That the said Earl of Lauderdale or Lord Maitland give such Warrandice as shall be satisfactory to Our said Chancellor and the said Collonel Grahame for their respective Securities in the Premisses Upon the performance of all which above-mentioned We do hereby declare That We will give a full and generall ●ndemnity Remission and Discharge to the said Earl of Lauderdale and Lord Maitland in as ample Form and Manner as in Law they can require for any cause or offence Civil or Criminal in any publick Station preceeding the date hereof Declaring likeways hereby Our express Will and Pleasure That seing We have now shown so much Favour and Clemency to the said Earl of Lauderdale and Lord Maitland they be first obliged to Discharge and Renunce all such Claim and Relief that they as Generals of Our Mint have or could pretend against Sir John Falconer late Master Mr. James Falconer Son and Heir to the said Deceast John Falconer late Warden and the rest of the late Officers thereof And for further Security We do hereby Assign and Dispone to Our said Chancellor and the said Collonel John Grahame all Our Right Title and Interest in and to the said Decreet against the late Generals of the Mint with full Power to pursue for and recover the Sums contained therein untill Our said Chancellor and the said Collonel Grahame shall be fully satisfied and payed of the sum of 20000 lib. sterling in manner after specified viz. First 5000 lib. to Our said Chancellor and 2000 lib. to the said Collonel Grahame and thereafter 11000 lib. to Our said Chancellor and 2000 lib. to the said Collonel Grahame Declaring nevertheless That upon the Earl of Lauderdale and Lord Maitland their granting of the above-mentioned Dispositions this Right to the above-mentioned Decreet granted by Us to Our said Chancellor and the said Collonel Grahame shall be void and null So We bid you heartily farewell Given at Our Court at Windsor-Castle 1. May 1683. and of Our Reign the 35 th Year By His Majesties Command Sic subscribitur MIDDLETON b Cap. 14. Statute Wilhel cap. 4. Stat. David 2. cap. 1. num 6. Statute David 2. v Acted Sess 2d Par. 2d Ch. 2d c Act 8. Sess 1. Par. 2. Ch. 2. d Acts 9. Pa. 13. Ja 2. Act 65. Pa. 8 ●a 3. Act 17 Par. 17 Ja. 6. e Cap. 38. 46 Stat. David 2d Act 23. Par. 1. Ja. 1. Act 54. Par. 4. Ja 4th f Act 114. Par. 7. Ja. 5. Act 2. Par. 19. Ja. 6. g Act. 249. Par. 15. Ja. the 6 th h Act 18. Par. 3 d. Ja. 3 d. i Cap. 22. Statut Rob. 1. Cap. 25. Stat. Wilhel Act 104 Par. 7. Ja. 5. Act 93. Par. 6. Ja. 6. k Cap. 13. Statut. Rob 2. Cap. 41. Statut. Rob 3d. Act 77. Parl. 14. Ja. 2. Act 105. Parl. 14. Ja. 3d.
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
immediat search than the distance his Majesty is now at will allow For supplying whereof his Majesty intending that the said matter should be exactly enquired into and tryed by a special Commission Therefore his Majesty having granted a Commission under the Great Seal to certain Commissioners with full power to them to call and cite before them all the Officers and Servants of his Majesties Mint-house and any other person whatsomever who can give information of and concerning his Majesties Mint Coynage or Bullion or what relates thereto and to make exact search and tryal of the fineness of his Majesties Money and of the due observance of the Rules whereby his Majesties Standart is secured and that by such methods and in such manner as shall seem most expedient to the Commissioners and to imploy such persons in the same as they shall judge knowing in that matter And likewise to examine the manner of receiving his Majesties Bullion the quantities thereof how the samen is exacted from the Merchants and payed to the Officers of the Mint and what Emoluments do thereby arise to the Crown and what are the due Sallaries and Perquisites belonging to the Officers and Servants and to examine what observance hath been kept in these matters in time past since the time of his Majesties Royal Grand-father King James the Sixth of ever blessed memory his removing of his Court from this Kingdom into England to this present time and to take tryal of any abuses that hath crept in during that time As likewise to examine the quantities of all kinds of Moneys Silver or Black Money Coyned since his Majesties happy Restauration to his Royal Government and to make inquiry into the fidelity care and diligence of the respective Officers and Servants in the Mint-house the priviledges belonging to all and every one of them and how they relate one to another and for that effect that the Officers and Servants in the Mint give exact obedience to the Commissioners and to exhibite and expose to them as they shall be required their Registers Journal Books Books of Receipt and Accompts all Contracts and Warrands which are in their custody relating to the said Office and to produce their Pix and to make Trial and Essays or to permit others imployed by the Commissioners to make Essays and Trials when and how oft the Commissioners shall appoint And the Commissioners are required to proceed in that matter with exact diligence and to make a full report of the whole matter to his Majesty that he may declare his Royal Pleasu●e thereupon And in humble obedience to his Majesties Royal Commands the Commissioners having met and called before them all the Officers of the Mint here present the Lord Haltoun and the Lord Justice-Clerk his Son who are conjunct Generals of the Mint being then in England and having examined the other Officers that were present upon several things relating to the Mint and having required them to produce all the Registers Commissions Compts and other Papers of the Mint that might any ways clear their diligence and faithfulness in their respective offices as to the Bullion fineness and weight of the Coyn and what quantity of Copper-money had been Coyned accordingly they produced some Accompts and Papers but declared that the Lord Haltoun one of the Generals had taken up from them most of all the Records Registers and Accompts of the Silver and Copper Coyn and by the confession and acknowledgment of the other Officers and the Papers produced there did appear several abuses to have been committed by the Office●s of the Mint whereupon the Commissioners waited for the Generals return from England expecting a full and ingenuous account from him of all things relating to the Mint And so soon as he returned he being called before the Commissioners and desired to inform upon Oath as the other Officers had done concerning the matters of the Mint in place of giving any formal answer he gave in a Representation alledging that the Commissioners could not make inquiry in any matter relating to the Mint because he had exonerations from the King as to the Copper Coyn and a Discharge as to the fineness of the Silver Coyn and if any errors were committed by him in his Office he was secured by his Majesties Act of Indemnity in July 1679. And that any Crime committed in relation to the Mint did fall under that Clause of the Act of Indemnity by which all such are Indemnified as had maleversed in any publick station or trust or were lyable to any pursuit for any cause or occasion relating to any publick administration and refused to declare upon Oath concerning the particulars relating to his Office Upon which he was desired to Depone but pretended that he did not know how far it might reach or what it might import and that no man was obliged to Depone as to his actings in any publick station or in relation to his Office And the Commissioners having considered the Representation and grounds thereof it did appear by the perusal of the Exonerations as to the Copper Coyn that they did only relate to Six thousand Stone which was allowed by the Acts of Parliament and Council to be Coyned within the time contained in the Warrands and Prorogations mentioned in the Exonerations and therefore was not an Exoneration as to what more Copper was Coyned than the quantity contained in the Warrands to which they particularly relate And as to the Discharge in relation to the fineness of the Silver Coyned from July 1664. to December 1673. years The Commissioners declared they would make no inquiry of the fineness of the Money Coyned the time mentioned in the Discharge further than to inform his Majesty by what appears to the Commissioners that the tryal then made in Scotland to have been very insufficient as to the fineness As likewise there was no mention at all made in that tryal of the sufficiency of the weight which was al 's material as the fineness And as to the Act of Indemnity the Commissioners were of the opinion that this being a tryal and inquiry for his Majesties Information the Act of Indemnity could not hinder them to proceed in the inquiry that they might inform his Majesty of the state and condition of the Mint and of the abuses committed by the Officers thereof the Act of Indemnity being only granted to these that had acted in or against the publick Government of the Kingdom and not for deeds of malversation in any particular or peculiar station which had no connexion with or relation to the troubles and disorders in the Countrey in matters of Government For as the Act of Indemnity cannot be extended to Crimes committed by Sheriffs Baillies Commissars their Deputs and Clerks nor to abuses malversations and breach of trust committed by Customers Collectors his Majesties Cash-keepers or any others intrometters with his Majesties Revenues if they shall imbazle the Kings Rents and not make a full accompt nor