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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.
Patrick Ogilvie I. Murray W. Drummond R. Gordon Robert Baird ACT Anent the Report of the Essay-pieces taken out of the Pix of His Majesties Mint of Scotland AT Edinburgh the eleventh day of August One thousand six hundred fourscore and two years Compeared in presence of the Lords Commissioners appointed by His Majesty for Tryal of His Mint of Scotland Robert Gordon younger of Gordonstoun one of the Commissioners thereof and in obedience of the Command given by the saids Commissioners to him William Drummond of Cromlicks and Sir Robert Baird of Saughtounhall three of the saids Commissioners or any one of them to go to His Majesties Mint-house at Edinburgh and there to make Tryal of ten Essay-pieces of Silver taken forth of the Pixe thereof before the saids Commissioners and that in presence of Sir John Falconer Master of His Majesties said Mint Alexander Maitland Warden thereof Archibald Falconer Counter-Warden of the same Master Henry Alcorn Essay-Master thereof Alexander Reid His Majesties Goldsmith in Scotland and Mr. John Borthwick Essay-Master to to the Goldsmiths thereof And to make Report of the Tryal of the same to the saids Commissioners Having accordingly gone and made Tryal of the saids Essay-pieces in presence of the saids persons Did give in and produced the Report thereof under-written Subscribed with the said Robert Gordon his own Hand and al 's with the Hands of the saids Sir John Falconer Alexander Maitland Archibald Falconer Alexander Reid and Master John Borthwick Which the saids Lords Commissioners appointed to be Recorded in their Books by their Clerk and Ordained him to give forth this present Act and Extract thereupon under his hand and Subscription which they declared should be al 's valid and make al 's great Faith as the Principal Report it self Of the which Report the Tenor follows AT Edinburgh the ninth Day of August One thousand six hundred eighty two years William Drummond of Cromlicks Sir Robert Baird and Robert Gordon of Gordonstoun being comma●ded by the Commission for Tryal of the Mint to make some Essays of the Pieces taken out of the Pixe Did in presence of the Master Wardens Essay-master of His Majesties Mint Alexander Reid the King's Goldsmith and Mr. John Borthwick the Goldsmiths Essay-master take the Tryals following First in respect that it is difficult especially for strangers to judge of the exact degrees of heat in any Furnace and that the divers heats may occasion great variety in the Reporting the finest Silver from the Cople and Beam we did take one pound of Fine-Silver a pound of the Indented Tryal Piece a pound taken off from a new English Shilling and a pound made of the Commixture of eleven ounces two Pennies of fine Silver and eighteen Pennies of clean Copper placed in the Furnace in Coples according to the Order under-written the pounds of fine Silver and of the Tryal-plate inmost and the pounds of the English Coyn and the Commixtion outmost towards the mouth of the Furnace the pound of fine Silver did come out three Grains lighter the Indented Tryal-piece came out eleven Deniers and half a Grain large the English Shilling came out eleven Deniers and one Grain large the Commixed Standart came out ten Deniers twenty three Grains and a Quarter at the next Tryal the fine Silver and Indented Plate being placed as before the fine Silver did raine and came out three Grain lighter the Indented-Plate came out eleven Deniers two Grains and a sixth part the English Coyn came out of the same exact weight with the piece of the Plate one piece out of our Pixe which was Reported the third day of March One thousand six hundred seventy six years to be eleven Deniers one Grain did come out ten Deniers twenty three Grains and three Quarters at the next Tryal the fine Silver and pound of the Indented Plate being placed as before with a pound made up of two pieces taken out of the pixe and melted down together with a little Borax both the pieces being Reported under the Essay-masters hand at ten Deniers and twenty two Grains the fourth Cople being commixed English Standart the pound fine came out at eleven and twenty one scarce the Indented-plate came out eleven Deniers and half a Grain the commixed English Standart came out at eleven Deniers and three Quarters of a Grain the melted two pieces of the Pixe Reported the fifth of September one thousand six hundred fourscore one years to be ten Deniers twenty two Grains did come out eleven Deniers five Grains and a half At the fourth Tryal the fine Silver and pound of the Indented-Plate being placed as before with a pound made up of two pieces taken out of the Pixe and melted down together with a little Borax being reported by the Essay-master in September one thousand six hundred fourscore one years to be ten Deniers and twenty three Grains the fourth being a commixed English Standart the fine pound came out two Grains and an half worse the Indented Plate came out eleven Deniers one Grain and three quarters the melted two pieces of the Pixe formerly in September one thousand six hundred fourscore one years Reported at ten Deniers twenty three Grains came out eleven Deniers four Grains and a quarter the commixed English Standart came out eleven Deniers large At the fifth a commixed English Standart was put in place of the fine Silver which came out ten Deniers twenty three Grains and three quarters a pound made up of two pieces taken out of the Pix and melted down together with a little Borax being Reported by the Essay-master in September one thousand six hundred seventy six years to be ten Deniers and twenty two Grains came out eleven Deniers nine Grains a pound made up of two pieces taken out of the Pix and melted down together with a little Borax being Reported by the Essay-master in March one thousand six hundred fourscore one years and July 26. one thousand six hundred fourscore two years to be eleven Deniers fine came out eleven Deniers eleven Grains and three quarters and a pound made up of two pieces taken out of the Pix and melted down together with a little Borax being Reported by the Essay-master in July one thousand six hundred seventy six years to be eleven Deniers two Grains fine came out eleven Deniers and seven Grains fine At the sixth heating a pound of fine Silver placed as formerly comes out eleven Deniers twenty one Grains large a pound out of an English Crown comes out eleven Deniers two Grains a pound out an English Sixpence comes out eleven Deniers two Grains and an half a pound out of a piece taken out of the Pix Reported by the Essay-master in August one thousand six hundred and seventy eight years to be eleven Deniers one Grain comes ou● eleven Denies seven Grains The Essays all taken by Mr. Alcorn the Essay-master Weighted by us at Edinburgh the tenth Day of August one thousand six hundred eighty two years in presence of the
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
assumed by the Generals Remedies and all for he would not allow any Defalcation to the Workmen or Wardens as appears by an Accompt given in all Written with the General 's own Hand and the first Journal consisting of Seventeen thousand Stone will by the rule of Proportion afford of free Gain two hundred twenty six thousand three hundred seventy eight Pounds so that the free Gain of both the Copper-Journals amounts to Three hundred and ninety two thousand eight hundred thirty three Pounds whereof there being only due to the Officers of the Mint by His Majesties Gift the Profit arising from Six thousand Stone which is about the fift part of the free Profit they have gotten So that they are justly due to the King of the Profit that they have gotten of the said Copper-Coyn Three hundred and fourteen thousand Pounds Scots which in English Money is Twenty six thousand one hundred and sixty six Pounds thirteen Shillings four pence But there being much more Coyned out of the stone of Copper the first journal than was coyned out of the Stone of Copper the second Journal as is clear by their own Depositions the Profit must be yet a great deal more and the Profit arising to the Generals and Masters of the Mint from the Bullion weight and fineness of the Coyn and Exaltation-money can hardly be well known but it appears by a Claime given in by the Generals to the master whereby they crave the half of the Benefit of the twelve shilling for the ounce of Bullion not payed in by the Merchants in specie that should have been employed for the buying of Bullion the whole Bullion of the Kingdom payed in Twelve Shilling for the Ounce being an Hundred and fifty Stone yearly at Five Pound Ten Shilling Eight Pennies Scots upon the Pound beside the Kings Twelfth part for the said one Hundred and Fifty Stone will amount yearly to the Sum of Thirteen thousand two hundred and eighty Pounds Scots which from Candlemass 1670 conform to the Act of Parliament by which Merchants were allowed to pay in to the Mint Twelve Shilling in place of every Ounce of Bullion being Twelve years and a half amounts to the Sum of an Hundred and Sixty Thousand Pounds Scots and the Profit arising by the difference of the Coyn from the indented Standart-Plate doth thus appear the Scots Coyn being often Two Grains less than Eleven Dinnier Fine which being Four Grains less than the indented Sandart-Plate they usually working upon the Remedies of Fineness which with the Remedies of Weights will amount to an Hundred Pound Sterling yearly which for the space of Sixteen years by-past will amount to the Sum of Nineteen Thousand Two Hundred Pounds and the Profit arising by the Exaltation-Money being Three Shilling Two Pennies upon the Ounce which is Forty Pound Ten Shilling upon the Stone upon two hundred Stone that is Coyned yearly which for an year and a half by-past will amount to Twelve thousand Pound and the Profit of Two hundred Stone lying uncoyned in the Mint the time of the Exaltation by that same rule will amount to Eight thousand Pound and the Profit arising from the King's Stock of Twenty thousand Merks allowed yearly for buying of Bullion might be Coyned and Exchanged at least ten times in a year being Two thousand two hundred seventy three Pound yearly for these Twenty one years by-past since the King 's happy Restitution will amount to the Sum of Forty seven thousand seven hundred seventy three Pounds Scots Money and the double Payment of the Generals Sallaries for the space of three years preceeding the year 1664 which was unjustly exacted is Four thousand and nine hundred Pounds and the yearly Interest arising by the Bullion payed in to the Generals and Master of the Mint by the Merchants and not Coyned in due time seing it appears by the Books that there was always 200 Stone of Bullion in their hands and not Coyned for the space of 16 years ever since the year 1666. will amount to the Sum of an hundred and twenty eighth thousand pounds which Sums in all will amount to the Sum of six hundred and ninety nine thousand eight hundred and seventy three pounds Scots which in English Money is fifty eight thousand three hundred twenty two pounds fifteen shillings and which is beside the profit of the Money Coyned without Essay which cannot be known it being oft-times worse than the Standart which likewise will amount to a great Sum All which profits albeit they belong to the King yet they have been retained by the Generals and the Master and imployed for their own privat use and thereafter there being some Information made by the Lord Hatton that he was willing to declare and give an Account of all things relating to the Mint And the Commissioners having sent two of their own number to him to know if he would yet give a full and ingenuous declaration of things relating to the Mint he absolutely refused unless First he was allowed to see all the Depositions of the other Officers and Evidences adduced which being altogether contrair to Law and Form The Commissioners were of the Opinion that it could not be granted but declared to him if he would give a full and ingenuous Accompt of all things relating to the Mint he should then see all the other Officers Depositions and other Evidences adduced before Report were made to His Majesty which he refused And as to the Trial of the Fineness of the Money coyned in His Majesties Mint the Commissioners humbly represents to His Majesty that the practice formerly used in the Mint in order to a Trial of the Fineness of the Money coyned was that at every Journal there was a part cut out of an whole peice of Coyn reserved in the Pixe and the peices of several Journals being all melted together in one Lignat was to be tried by the Standart By which Trial His Majesty may be grosly abused and such a Trial is altogether elusory for the peice of Silver that made up the Lignat being taken out of the Coyn of several Journals The Officers of the Mint might coyn one smal Journal of utter fine Silver which is Twentie two Grains above the Standart and one other great Journal of Twentie two Grains below the Standart The essay peice of each Journal being of equal quantitie and both those peices being melted into one Lignat it is evident that the Lignat will be of equal fineness with the Standart and there being perhaps ten times as much coyned in the Journal which is below the Standart as was coyned in the Journal which was above the Standart there will be nine parts of eleven of the Money coyned that will be twentie two Grains below the Standart So that albeit the Lignat be of equal fineness with the Standart yet nine parts of eleven of all the Money coyned in this Kingdom may be below the Standart and probably by that manner