Copy of a Pape Presented in the Year, 1681. to the then DUKE of YORK, Whilst He was in Scotland; Entitled, Considerations on the Scots MINT; And of a Commission granted under the Great-Seal, in the year, 1682. by King Charles the Second, for Trial of the Mint; and of the Reports made thereon: Together with the Copies of His Majesty's several Missive Letters, containing His Approbation, and further Determination thereanent; Faithfully Transcribed from the Originals. EDINBURGH, Printed by the Heir of Andrew Anderson, Printer to Their most Excellent Majesties, anno DOM. 1691. Considerations upon the Scots Mint. IN the 1 Par. K. Ja. 1. holden at Perth, anno. 14●4. Act 28. It is Ordained, that our Money be of equal weight and fineness, to the Money of England. K. Ja. 2. and the following Kings, did so likewise, But K. Ja. 6. more particularly in the 2 d year of his Reign over Great-Britain, Did, by a written Engagement, bind the Mint-masters of both Kingdoms to the precise observance thereof. King Charles' the 2 d. soon after His happy Restauration, renewed the same Order, and for that end, caused with great care, prepare a great square Silver Plate, of exact Sterling fineness, to be the Rule and Pattern, whereby to Try all Coined Money, or Goldsmiths Work of Silver in either of the Kingdoms thereafter. This Plate of Silver so framed, was divided in four equal parts, whereof one was committed to be preserved in the Thesaury of England, another to the Mint-house at the Tower of London, a third to the Thesaury of Scotland, and the fourth to the Mint-house at Edinburgh; all the four having the King's Seal stamped upon the corners, and cutted asunder by way of Indenture, for the greater Security. The Standard for the Money and Silver-plate, then determined for both Kingdoms, called Sterling fineness, is expressed in England to be eleven ounces and two penny fine, which is understood thus, the pound is divided in 12 ounces, and every ounce in 20 penny weight, of these 12 ounces, 11 integral parts and a fraction, to wit 1/10 part of the 12 th' ounce must be pure Silver, and the remnant part of the fraction being 9/10 parts, is allowed to be Copper, for making up of the total. The allowance of remedy for the fineness is 2 grains over, or under in the pound; But in Scotland, this Standard sterling fineness, is called, eleven denier or penny fine out of the fire, which is neither so good, nor so significantly expressed, as the manner of England, not only because of the difference betwixt the common Weights of the two Kingdoms; but apparently rather to keep up the matter in a Mystery, that it should not be easily understood. The Remedy of fineness also allowed in Scotland, is two grains over, o● under upon the pound. Amendments fit to have been added as to fineness. 1. That the Denomination of the fineness had been expressed in precise intelligible Terms, common to both Kingdoms. 2. That the same species of Coins had been also appointed to be Printed in both, with one and the same Inscription, differing only in placing of the Arms, for distinctions sake, to have prevented many inconveniencies. 3. That the Silver pieces reserved in the Pixis to be the Trials of the fineness of every several Journal, should have put to the Essay, at least every year before persons of Trust and Understanding in that affair. 4. That all Melting or Coining of current Money, without Licence therefore granted, had been discharged under severe certifications. 5. That an Essay-Master had been placed at Edinburgh, over all the Goldsmiths in the Kingdom, for Trying and Marking their Work, and for whose fidelity sufficient Security should have been entered, as it is in Goldsmiths-Hall, London; For want whereof, there is not one piece of Plate of Sterling fineness wrought in this Kingdom, to the great dishonour of this Nation. Considerations upon the Weight. As His Majesty established a Rule for the Fineness, so did He cause adjust the Weights for all His own current Silver-Money, according to the extrinsic value put upon the same, observing the fineness beforementioned; for this end He commanded four Pales of Weights to be made of alike size, equal one to another, and equally divided, as He had done the four indented Plates, for the common Rule of fineness. The Remedy in Weight allowed for the greater pieces of Coin, being 3 grains, and for the lesser 2 grains, over and under. And ordained an ounce of Silver, Sterling fine, to be raised 2 pence English more than the extrinsic value thereof, had formerly been, and so to pass at the rate of 5 ls 2 d English, and all other Weights to pass at Rates proportionally thereto. And the ounce of pure Silver, without allay (called Silver Refined from the test, to be worth 5 ls 9 d English and the other greater and lesser Weights to be valued accordingly. Amendments fit to have been added as to Weights. 1. That the common Scots Troy's pound and ounce, which are lighter than the English, by the difference of 4 penny Weight and 9 grains, or 105 grains in the pound, and by 8 grains and 18 units English in the ounce, might both be brought to an equality. 2. That the Troy's Weights of both Kingdoms, less than the ounce, should not only be equal, but also have a like numbers of Fractions, in which they are divided, to make our reckonings the better to agree. 3 That the Denominations of all the Weights under the ounce, should be the same, for in England they reckon, Penny Weights, grains, units, droits, periots and blanks, unequally divided in 20 and 24 parts alternatively; and in Scotland by demers, grains, primes, seconds, thirds and fourth's, equally divided each of them in 24 parts. 4. That the only exact check upon the Weight of current Money should be, that the Mintmaster always deliver the King's Coin to the Merchant for his Bullion by weight, and no otherways; and so the Officers of the Mint can never so much as work upon the Remedy; Nor is the Warden and Counter-warden, Weighing and Troning of every piece, a sufficient check, to keep the Money at the due Weight, as experience teaches. Observations and Queries. 1. Why has there never trial of our Money been made as to the fineness, by the Pattern of that indented Plate, sent to us from His Majesty for that purpose, nor any use made of these Pales of Weights, fitted and brought hither to examine the justness of the Weights of every several species? which ought to have been done yearly at least. 2. Wherefore is the Inscription upon our Money, of Mag. Brit. Franciae, etc. always used upon King James the 6 th', and King Charles the 1. their Coins now of late changed to Scotiae, Angliae, Franciae, & c? 3. Why is there not an account called for yearly of the Bullion Imported, according to the form prescribed in our Law, or of the Money received for it, and of what quantity of Coin is stamped therefore. 4. How comes the two late Acts of Parliament concerning Bullion, to differ so much? The first being, 1 Par. Ch. 2. Act 37. Earl Middleton Commissioner, wherein the penury of the Coin of Scotland, is justly charged upon the small proportion of Bullion Imported? For remeid whereof, and to prevent the abuse of taking current Money, or so much per ounce, or any other thing in place of Bullion; It is ordained, according to the ancient custom of this Kingdom, that the Merchants find good Caution, or give Pledges to deliver their due quantities of Bullion, answerable to the Commodities, which pays the same in to the Officers of the Mint; which Officers are also discharged to receive any satisfaction whatsomever from the Merchant, (except only foreign Bullion) or to transact▪ or compone any manner of way for it, upon very penal Certifications. The other being, 2 Par. Ch. 2. Act 8 Duke Lauderdale Commissioner, whereby the former good Law, and all the preceding Laws for Importing of Bullion, are in a manner Repealed; for by that Act, it is left to the option of the Merchant to pay Bullion, or twelve pence English for the ounce thereof in place of itself; and the Officers of the Mint are left to Import the Stock of Bullion themselves, at their own discretion. 5. Since that time the matter has been so managed, that the Merchants are well pleased to be free of the vexatious attendance upon the Essays and payments of their Bullion at the Mint-house; and choice rather to pay the 12 pences for every ounce, to redeem themselves from the trouble, and loss of their time, albeit it be otherways to their prejudice. 6. The true and just advantage for support to the charge of Coinage, which the Officers of the Mint ought to exact, betwixt the Imported Bullion of pure Silver (or being base to be considered by weight and reckoning) and the King's current Money of Sterling fineness, is only 7 pence English upon the ounce, which is the intrinsic value of the difference betwixt the two: But by the late Act of Parliament, if Bullion were Imported, there is but 5 shillings and about a penny English to be paid for each ounce thereof, whereby the gain is increased to 8 pence and some more; and now when only Money is received in place of Bullion, the profit arises to full 12 pence per ounce, besides other advantages. 7. In the Parliament 1674. a Complaint was exhibit upon the abuses of the Mint, both as to the weight, fineness and otherways; but the D. of Lauderdale then His Majesty's Commissioner, rejected it, and to palliate the matter, plausibly ordered a a Committee of Council to make Trial of that affair, who, as they were named, were either too great Friends to the Parties concerned, or not at all versed in such matters, for they knew not how to proceed, but did as the Officers of the Mint instructed them; so a superficial Trial was used, with more jesting than knowledge, and a Report made, approving all to the Council; then a piece of Silver was sent with great speciousness to His Majesty, to be put to the Essay at London; which piece, albeit it had the advantages of passing the Fire before it came there, yet all the Tower was not found to be of Sterling fineness: Nevertheless a Letter was procured from the King, to Exoner, Indemnify and thank the General and Officers of the Mint, for their Fidelity and good Service in that Trust, which being publicly read in Council, was opposed by divers of the Members, who objected the abuses committed by the Officers of the Mint, and offered demonstratively to prove them immediately; But the effect of all was, the General, the Mintmaster, and the rest were approven, and the movers of these Objections soon turned out of the Council, to terrify others from using the like freedom and faithfulness thereafter. 8. Many true Essays of all the several species of His Majesty's Money, Coined at the Mint-house in Edinburgh, has been made by particular persons, both at the Tower, and at Goldsmiths-Hall in London; but there was never one piece of them (stamped before the year 1674) that proved to be of Sterling fineness, but all were base, less or more, and some to the degree of 11 penny worse; and as for the weight, the half-merk-pieces were found in the Balance to differ 6 grains one from another, which 2 grains at most is the remedy allowed them; the truth of this can be instructed by Testimonies in writ, under the Hand and Subscription of Peter Trovel, than Essay-master of London. 9 It's no wonder then that our Money be both scarce, base and light, In respect 1. The Merchants brings no Bullion home, whereby the Original Fountain from whence our Money should flow, is not only drained, but even our own, and the best of Foreign Coins current with us, daily exported; and the basest of Money from abroad, returned hither again in lieu thereof, which of late is become a profitable Trade to the undertakers. 2. If Bullion were Imported, yet when the trial of the fineness is neglected, it will quickly corrupt and disgrace the Native Coin of the Kingdom. And 3. Seeing there is neither check nor control upon the Weight, as it ought to be, by payment of the Bullion to the Importer, in the current Money of this Realm, put in the Balance weight for weights, and no otherways, without which, the lightness passes undiscovered. 10. These things considered, Why the Council should have raised the extrinsic value of all our own Coin, to the rate of five per cent, more than it was current for before, is much admired? except it be pretended, that our Mark-pieces and others are carried over to Holland, melted down there, and returned to us again in Cullen and Leg-dallars, which are a base species of Money than our own, whereby they make good profit, but we must pay for it at last. 11. The Emoluments arising to these employed in the Mint, (being so Lucrative as it is made of late) may be well understood by the sudden increase of the Riches of the Officers entrusted therein. 12. How unfit it is for any Member in the Thesaury, especially for the Thesaurer Deput to be General of the Mint, appears in this. That it is a special part of his Office, to call yearly before the Exchequer, for an exact account of all Bullion imported, and paid in to the Officers of the Mint: As also, how and in what species the same is stamped by them for a constant supply of the Stock of Coinage to the Nation; whereas now, as the matter is stated, he is only to count for himself. 13. The Officers of the Mint ought to be men honest and faithful, free from the guilt of suspicion of the Crimes of Bribery or Perjury, in respect the greatest security demanded of them for their Trust, is their Oath De fideli. 14. But if they pretend Warrants of Parliament and Council, to justify themselves from the Charge of abusing their Trust, it is not relevant, because they always penned their own Warrants, which were implicitly granted, and for which they ought to be answerable. Here is but a Compend of what might be represented, as to the Silver-Mint: But the abuses committed by the Copper-Money, and the exorbitant advantages made by the Coiners thereof, will appear far greater, and more grievous to the Kingdom, when particular discovery is made of the same. COMMISSIO Pro visitando Monetario. CAROLUS Dei gratia, Magnae Britanniae, Franciae & Hiberniae Rex, Fidei que defensor Omnibus probis hominibus totius terrae suae Clericis & Laicis salutem, Sciatis quod nos animo revolventes quantopere pondus puritas & tenuitas Testae (vulgo the Standart) monetae nostrae tanquam quae omne commercium domesticum & extraneum fovet Rei nostrae & subditorum nostrorum interfit; Quodquè minimus in eadem error maximi sit momenti, nostroque regimini manifestè deroga●et; Cumque nostra praecipuè referat ut monetarii nostri Officiarios & Ministros observemus, ne numerum excedant necessariu●; utque singuli munera sua respectiva summâ fide & dilig●ntiâ exerceant & fungantur, neque à subditis nostris plus quam lege permissum est exigendo, neve quod nobis juste debetur abstrahendo; Cumque horum examen & inquisitio per Regios nostros progenitores immediato magis scrutamine praestita sit, quam absentia nostra ab antiquo Regno nostro Scotiae nos sectari permittit 〈◊〉 Ad quod supplendum idem per specialem quandam commissionem ad amussim investigari & examinari statuentes. Igitur nominavimus & constituimus, tenoreque praesentium, joannem Marchionem de Athol, Willielmum Ducem de Hamilton, Jacobum Marchionem de Montrose, Willielmum Marchionem de Queensberry, Dominum Justitiarium Generalem, Jacobum Comitem de Perth, Patricium Comitem de Strathmore joannem Comi●em de Tweeddale, Dominum Georgium Gordon de Haddo nostrae Sessionis Praesidem, Dominum Georgium M●kenzie de Tarbet no●is ab Archivis & Registris, Dominum Georgium M●kenzie de Rosehaugh nostrum Advocatum, Dominum Patricium Ogilvie de Boyne, & Dominum joannem Murray de Drumcairn Senatores Collegiae Justitiae, joannem Drummond de Lundin, Praefectum Generale●, Willielmum Drummond de Cromlix, Robertum Gordon juniorem de Gordonstoun, Dominum Jacobum Dick nuper Edinburgi Praepositum, & Robertum Baird de Sauchtounhall, vel majorem eorundem partem speciales nostros Commissionarios seu delegatos, Nominamus & constituimus, nec non per praesentes ipsis damus & concedimus nostram plenariam potestatem jus & commissionem die Mensis proximò futuri Edinburgi conveniendi, & deinde sese ad quaecunque loca & tempora prout ipsis visum fuerit prorogandi, & (quoties opus fuerit) omnes Officiarios & Ministros nostri Monetarii; custumarum nostrarum omnes nostros Collectores eorumque Clericos & Literarum assertitiarum Scribas (vulgo the Clerks of the Cocquet) aliosque quoscunque qui aliquid de nostro Monetario, officina cusoria & balluca nostra (vulgo Bullion) & quibuscunque eo spectantibus reserare poterint, coram sese convocandi & citandi, eoque tempore & l●co exactum Moneta nostrae puritatis, & debitae regularum, per quas nostra firmatur testa, observantiae examen & scrutinium faciendi, idque eisdem modis & methodis quibus dictis Commissionariis visum fuerit, ac etiam quasvis personas unum sive plures in dicta●re peritos pro ejusdem executione constituendi: Et similiter nostrae Ballucae receptionis modum, ejusdem quantitatem, quomodo eadem à mercatoribus exigatur & Thesaurario nostro persolvatur, & quaenam emolumenta corona nostrae exinde oriantur, quaeque sint debita salaria & perquisita ad Officiarios & servos pertinentia, quaeque etiam in rebus illis, temporibus retroactis ex quo avus noster Regius Jacobus Sextus, beatae memoriae, Comitatum seu aulam suam Regiam ad Angliam removerit, ad datam usque praesentium habita sit observantia examinandi; Omnesque abusus eidem, durante spatio praedicto, irreptos perscrutandi, quantitates etiam omnis Moneta generis tam Argenteae quam Aerea (à foelici nostra ad regale nostrum Imperium restauratione) ●●sae probandi, fidelitatem pariter curam & ailigentiam respectivorum Monetarii nostri Officiariorum & servorum privilegia illis omnibus & singulis spectantia quoque modo se mutuo respiciant investigandi; inque hunc finem Volumus & Mandamus Monetarii nostri servis, & Officiariis, ut dictis nostris exactè obtemperent Commissionariis, ipsisque cum requisiti fuerint Registra sua, Commentaria Diaria Lie- Journal Books, Praeceptorum & Computorum Libellos, omniaque warranta & contractus dicto officio referentia, & eorum custodiae commissa exhibeant & producant; Utque pixides probationis aperiant & tentamina & experimenta faciant, aliosve per Commissionarios nostros constituendos quocunque tempore & loco quibus dictis Commissionariis visum fuerit tentamina & experimenta facere & subire permittant, prout nobis respondebunt; Mandamus pariter nostri Registri Clerico, ut Registra & Archiva nostra exacte perscrutetur, eademque Commissionariis nostris praedictis a● effectum praescriptum cum per eosdem requisitus sit exponat & exhibeat; Per praesentes etiam Volumus & mandamus dictis nostris Commissionariis ut in dicto negotio summâ diligentiâ procedant, nobisque rei integrae plenarium referant responsum ut nostrum eatenus beneplacitum declaremus; Per presentes pariter praefatis nostris Commissionariis Committimus, ut nostrum in rebus illis interesse, de tempore in tempus, durante hac nostra Commissione, diligenter attendant, eandemque Commissionem (quoad per nos revocetur) permanere & perdurare volumus. In cujus rei testimoninm Praesentibus Magnum nostrum Sigillum appendi Mandavimus, apud Aulam nostram de Windsor Castle, Vigesime nono die Mensis Aprilis, Anno Domini, Millesimo sexcentesimo octuagesimo secundo, Regnique nostri trigesimo quarto, 1682. To the Kings most Sacred MAJESTY, The Report of the Commissioners appointed for trial of the Mint of Scotland. AT Edinburgh, the Fourth day of August, One thousand six hundred and eighty two years: Whereas His Majesty considering the great interest His Majesty and the Subjects have in the weight, purity and fineness of the Standart of Money, as that which influences all Commerce, Domestic and Foreign; and that the least error therein is of great importance, and would reflect upon his Majesty's Government: And also his Majesty having a special concern to advert to the Officers and Servants of the Mint, that they exerce their respective trusts with diligence and honesty, neither exacting from the Subjects more than Law allows, nor detracting from his Majesty what is justly his Majesty's due: And that his Majesty's Royal Predecessors, who being present in this Kingdom, did take trial in these things by a more immediate 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 tried 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 Majesty's Mint-house, and any other person whatsomever, who can give information, of and concerning his Majesty's Mint, Coinage, or Bullion, or what relates thereto; and to make exact search and trial of the fineness of his Majesty's Money, and of the due observance of the Rules whereby his Majesty's Standart is secured, and that by such methods, and in such manner, as shall seem most expedient to the Commissioners, and to employ such persons in the same, as they shall judge knowing in that matter: And likewise to examine the manner of receiving his Majesty's Bullion, the quantities thereof, how the samen is exacted from the Merchants, and paid to the Officers of the Mint, and what Emoluments do thereby arise to the Crown, and what are the due Salaries 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 Majesty's Royal Grandfather 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 trial 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, Coined since his Majesty's 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 privileges 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 exhibit and expose to them (as they shall be required) their Registers, Journal Books, Books of Receipt, and Accounts, all Contracts and Warrants 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 employed 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 Pleasure thereupon. And in humble obedience to his Majesty's 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, Counts, 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 Coin, and what quantity of Copper-money had been Coined; accordingly they produced some Accounts and Papers, but declared that the Lord Haltoun one of the Generals, had taken up from them most of all the Records, Registers and Accounts of the Silver and Copper Coin; and by the confession and acknowledgement of the other Officers, and the Papers produced, there did appear several abuses to have been committed by the Officers of the Mint; whereupon the Commissioners waited for the General's 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, alleging, 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 Coin, and a Discharge as to the fineness of the Silver Coin; and if any errors were committed by him in his Office, he was secured by his Majesty's 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 public station or trust, or were liable to any pursuit, for any cause or occasion relating to any public 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 public 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 Coin, that they did only relate to Six thousand Stone, which was allowed by the Acts of Parliament and Council, to be Coined within the time contained in the Warrants and Prorogations mentioned in the Exonerations, and therefore was not an Exoneration, as to what more Copper was Coined, than the quantity contained in the Warrants, to which they particularly relate: And as to the Discharge, in relation to the fineness of the Silver Coined from July 1664. to December 1673. years. The Commissioners declared, they would make no inquiry of the fineness of the Money Coined the time mentioned in the Discharge, further than to inform his Majesty, by what appears to the Commissioners, that the trial then made in Scotland, to have been very insufficient, as to the fineness. As likewise, there was no mention at all made in that trial, of the sufficiency of the weight, which was als material as the fineness. And as to the Act of Indemnity, the Commissioners were of the opinion, that this being a trial and inquiry for his Majesty's 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 public 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 Country, in matters of Government; For as the Act of Indemnity cannot be extended to Crimes committed by Sheriffs, Bailies, Commissars, their Deputs and Clerks; nor to abuses, malversations, and breach of trust committed by Customers, Collectors, his Majesty's Cash-keepers, or any others intrometters with his Majesty's Revenues, if they shall imbazle the King's Rents, and not make a full account, nor to any other person in public Office, not relating to the public Government of the Kingdom; so neither can it be extended to crimes and abuses committed by the Officers of the Mint: For albeit these may be accounted public Offices in some respect, yet they are but private stations in respect of the Offices that concerns the public Government of the Kingdom. As also, the Act of Indemnity bears an exception of all private Crimes, and suchlike as never used to be comprehended under general Acts of Indemnity. And it appears by the late Act of Indemnity passed in the Parliament in the year 1662. That all Crimes not relating to the late troubles, are excepted; and particularly the Accounts of all such persons as have intrometted with any of his Majesty's Revenues, and all other public Money, for which they had no other Warrant or Assignment, for their own private use, and for which they had not duly counted, and received Discharges thereof, from such as pretended to have authority for the time, to do the samen, and all other former Acts of Indemnity made by his Majesty's Royal Predecessors, are only in relation to the public troubles that hath been in the Country, but not at all to any Crimes or malversa●ions that hath been committed by the King's Officers, in their private stations, not relating to the public administration in the Government, or to the troubles and disorders of the Country, and therefore the said Act ought not to be extended to the abuses and malversations committed by the Officers of the Mint, far less to debar and preclude his Majesty from trial and inquiry; that his Majesty being informed thereof, may give order for better regulating of the Mint, and remeeding these abuses in time coming. And as to that pretence alleged by the Lord Hatton, That he could not be obliged to Depone upon any thing relating to the Mint, because he does not know how far it does reach, or what it might import; the Commissioners were of the Opinion, that this being a matter of Trial and Inquiry, he ought to give Information upon Oath, concerning things relating to the Mint and Coinage, that was committed to his Trust, as the other Officers of the Mint had already done, and whatever might be the import thereof, he was only desired to give his Oath upon these particulars relating to himself, if he was truly innocent, and had not malversed in his Trust, which is no more but a purgatory Oath, that he might purge himself of these Abuses and Malversations, which by public Fame, and other Evidences, were presumed against him, and which was most consonant and agreeable to the common Law, and the practice of other Nations, and the Laws and Practic of this Kingdom b Cap. 14. Statute Wilhel. cap. 4. Stat. David 2. cap. 1. num. 6. Statute David 2. both in Church and State, in the like cases, especially where the samen is done for His Majesty's Information; As to the particulars, upon which he was desired to give Information upon Oath, Relating to the other Officers of the Mint, he was only desired to Depone, upon the best of his knowledge, which was no more but an Oath of Credulity, which no man in reason ought to refuse; and which is appointed by an express Act of Parliament, v Acted. Sess. 2d. Par. 2d. Ch. 2d. That all Persons should Declare and Depone upon Oath, their knowledge of any Crimes against the Public Laws, under very severe punishment; especially seeing all the rest of the Officers of the Mint, did freely Depone upon all these particulars, (except the Lord Justice-Clerk, conjunct General, who was here present) only the Lord Hatton makes use of the Act of Indemnity, and refuses to Depone. And as to that pretence, That he was not obliged to Depone in any thing relating to his Office, it was frivolous; for as every man in Public Trust, is obliged to give his Oath, That he shall Faithfully discharge his Trust, at the entry to his Office; So likewise ought he to give his Oath upon any thing relating to his Office at any time thereafter, when ever he is required by his Majesty, or any having Commission for that effect: And if it were otherways, that a person in Public Office should not be obliged to Depone concerning his actings in that Office; then any man in Public Office, might commit the greatest Abuses, Malversations, Injustice, Oppressions, and all other heinous Crimes without control, providing he could do it privately, that it could not be otherways proven, but by his own Oath; and that would invite men in Public Trust, to commit all Acts of Malversation and Injustice imaginable, if they were not obliged to Depone upon their Actings in that Office, and purge themselves of any Crimes that may be laid to their charge. For these Reasons, and in obedience to His Majesty's Royal Commands, by His Commission; The Commissioners having proceeded to the Trial and Inquiry, and considered the Depositions of the Master and other Officers and Servants of the Mint, and the Books, Papers, and other Evidences adduced, It did appear; First, That albeit His Majesty and His Royal Predecessors, Have always had a special care to provide Bullion, for increasing and maintaining of the Stock of Coinage in the Kingdom; and that it is expressly provided by Act of Parliament c Act 8. Sess. 1. Par. 2. Ch. 2. That the Goods and Merchandise imported by the Merchants, should pay so many ounce of Bullion, or otherways pay twelve shilling Scots for every ounce in place thereof; the Generals and Master of the Mint, being ordained to Import the Stock of Bullion themselves, and Coin the same for His Majesty's use: And albeit there has been considerable Sums of Money, paid by the Merchants to the Officers of the Mint, in place of Bullion, there has been but a small quantity of Bullion Imported by them; and in place thereof, great quantities of the Money current in the Kingdom, has been melted down, to the great prejudice of the lieges, and contrair to many express Acts of Parliament, d Acts 9 Pa. 13. Ja 2. Act 65. Pa. 8 ●a. 3. Act 17 Par. 17 Ja. 6. By which it is Declared, That in respect Silver and Gold put in the Fire to be made Bullion to other new Money, is diminished, wasted and destroyed in the Translation by the Fire, and incurs great skaith, in hurt of the King and all his Liedges; Therefore it is Statute, That neither Silver nor Gold that bears Print and form of Coin, be any ways melted, or put in the Fire by the King's Coiners, without special licence of the King; but all Gold and Silver that is Coined, and ha● Print, to be observed, and holden whole among the King's Liedges, as he ordained it to have course, and the contraveeners of the Law to be punished with the Confiscation of the half of his Goods for the first, and of his whole Goods for the second fault: And likewise the Generals and Master of the Mint, have divided amongst themselves, the benefit of the twelve shilling Scots, paid in to the Mint by the Merchants, and so have failed in their Trust, to advance their own private gain: As also. His Majesty, out of his Princely care for the good of his Subjects, increasing of the Money in 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 Employed, by which the Country has been extremely 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 Majesty's appointment, and the time that should have been so profitably employed in Coining of Bullion, has been misspent in Coining 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 employed 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 employed. 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 Coined in both should be of alike weight and fineness; e Cap. 38. & 46 Stat. David 2d, Act 23. Par. 1. Ja. 1. Act 54. Par. 4. Ja 4th. And for that effect, in the year 1662. caused frame an indented Silver Standart Plate of Sterling fineness, and secured with His Majesty's 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 count to His Majesty's 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 Melt, and Printings, and several Depositions, that a great part of the Coin 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 Coin at what rate they pleased: And as His Majesty, at the time foresaid, established the fineness of His Coin, 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 Warrant 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 Warrant 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 Majesty's Order; The common Law, and the Laws and Acts of Parliament of this Kingdom, f Act 114. Par. 7. Ja. 5. Act 2. Par. 19 Ja. 6. 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 rendered the King's Money to be light, as they had by the like Artifice debased it in its fineness, whereby the King was frustrate 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 paid for their Bullion by ●ale, whereas they ought to be paid by the King's Coin in the Balance (if the Mint were rightly regulated) which would prove the only sure Check to secure the S●lver Coin from any abuse in its due proportion of weight, which accordingly aught to have been done by the Law, g Act. 249. Par. 15. Ja. the 6 th'. before the Act of Parliament in the year 1669: As also the pieces of Coin reserved in the Pixe, aught 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 pieces, 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 Coiners of black Money without warrant, are punished with Death h Act 18. Par. 3 d. Ja. 3 d. And albeit His Majesty, since his happy restitution, was pleased to allow Six Thousand Stone of Copper to be Coined, 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 Twenty Nine Thousand and six hundred Stone Coined, whereas there was only six Thousand Stone allowed; So that there was twenty three Thousand and six hundred Stone of black Money coined more than was allowed by the Warrants, which is an infinite Prejudice to the Kingdom: And whereas the Generals should have stopped the further coining of Copper-Money, so soon as the quantity allowed by His Majesty to be coined at every Journey was exhausted; Yet notwithstanding, the Generals did allow, and ordain the Officers to go on in the coining 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 Coined was exhausted, and they also received the half of the Profits arising from the superplus that was coined more than was allowed by His Majesty. Quarto. The Coin of this Kingdom being lately cried up, and there being a considerable quantity 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 truly 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 movable Goods to be confiscate, & deprived of their Offices, and punished in their persons at his Majesty's Will: i Cap. 22. Statut Rob. 1. Cap. 25. Stat. Wilhel. Act 104 Par. 7. Ja. 5. Act 93. Par. 6. Ja. 6. 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 Majesty's 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 balance of his most unjust and exorbitant Accounts from the Exchequer preceding the year 1674, relating to the Mint and Coin, stating the King Debtor to him in Forty four Thousand pounds Scots, which he as General of His Majesty's Mint, was obliged to comptrol, having special Trust and a salary from His Majesty for that effect; By which Accounts, it likeways appears, that the Lord Hatton as General, received payment of three years' salary, from the year 1660, to the year 1664; Albeit there was no Money coined preceding 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 account, as the Master has Deponed: And further, the General did again most grossly exact his salary for the same years out of His Majesty's Excise, and so did get double payment of his salary for the same years, albeit in reason there was none due, In respect there was no Coinage 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, k Cap. 13. Statut. Rob 2. Cap. 41. Statut. Rob 3d. Act 77. Parl. 14. Ja. 2. Act 105. Parl. 14. Ja. 3d. . And albeit the Generals by their Gifts and Offices were appointed to Control 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 Coinage, 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 palliate 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-Books, Registers, and other Papers belonging to the Mint from the Under-Officers, which were all Abstracted, except two Leaves 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 Majesty's Privy Council, unless he would grant a Bond to Al. Maitland Counter-Warden for the Sum of Twelve Thousand Marks upon the account of the third of the Remedies that were alleged to be due to him since his entry to his Office, who never attended the same, which Remedies did truly belong to the King; yet notwithstanding the Warden was necessitat to grant Bond for Eleven Thousand Marks, and grant a Discharge of a Thousand Marks 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 General's behoof, 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 Marks, which was paid, and employed for their use and behoove. It is not easy to make an exact Account 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 Account given in under David Maitland's Hands, Deput and Trustee for the Generals, that Twelve thousand four hundred and forty three Stone of Copper did pass the Irons in the last Journal, the printed value thereof accounted by them amounts to Two hundred ninety four thousand four hundred and fifty five pounds' Scots, and counting the Stone of Copper at a Mark the Pound (which was more than they truly paid 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 assumed by the General's Remedies, and all for he would not allow any Defalcation to the Workmen or Wardens, as appears by an Account 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 Majesty's Gift, the Profit arising from Six thousand Stone, which is about the fifth 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-coin, 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 Coined out of the stone of Copper the first journal, than was coined 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 Coin, and Exaltation-money can hardly be well known; but it appears by a Claim 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 paid in by the Merchants in specie, that should have been employed for the buying of Bullion, the whole Bullion of the Kingdom paid 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 King's 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 Coin from the indented Standart-Plate doth thus appear, the Scots Coin 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 bypast, 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 Coined yearly, which for an year and a half bypast, will amount to Twelve thousand Pound, and the Profit of Two hundred Stone lying uncoined 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 Marks allowed yearly for buying of Bullion, might be Coined and Exchanged at least ten times in a year, being Two thousand two hundred seventy three Pound yearly for these Twenty one years bypast, 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 General's Salaries for the space of three years preceding the year 1664, which was unjustly exacted, is Four thousand and nine hundred Pounds, and the yearly Interest arising by the Bullion paid in to the Generals and Master of the Mint by the Merchants, and not Coined in due time, (seeing it appears by the Books, that there was always 200 Stone of Bullion in their hands, and not Coined) 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 Coined without Essay, which cannot be known, it being ofttimes 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 employed for their own private 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 Account 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 coined in His Majesty's 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 coined, was that at every Journal there was a part cut out of an whole piece of Coin reserved in the Pixe, and the pieces of several Journals being all melted together in one Lignat, was to be tried by the Standart; By which Trial, His Majesty may be grossly abused, and such a Trial is altogether elusory, for the piece of Silver that made up the Lignat, being taken out of the Coin of several Journals; The Officers of the Mint might coin one small Journal of utter fine Silver, which is Twenty two Grains above the Standart, and one other great Journal of Twenty two Grains below the Standart; The essay piece of each Journal being of equal quantity, and both those pieces 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 coined in the Journal which is below the Standart as was coined in the Journal which was above the Standart; there will be nine parts of eleven of the Money coined that will be twenty 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 coined in this Kingdom may be below the Standart; and probably by that manner of Trial, the King has formerly been informed, that the Money of this Kingdom was of exact fineness conform to the Standart, whereas by this manner of Trial, there is no security that the Money coined in this Kingdom is of equal fineness with the Standart, and this is no Trial at all as to the weight, which ought to be rectified, and a certain way of Trial appointed, that the Money coined be not debased neither in Weight nor Fineness: As also the Commissioners considering, how uncertain it were for them to make an exact Trial of the Silver Pieces reserved in the Pixe, whereby they might examine the Journals coined since the last Essay was taken, in respect of the scarcity of Essay-Masters, whom they can trust in so important a matter, have transmitted a competent number of these Pieces taken out of the Pixe in presence of the Commissioners, two Wardens, and Essay-Master of the Mint, and secured under the Seals of the said's two Wardens and Essay-Master, to the Effect, Trial may be made by such as his Majesty shall judge fit; As also humbly represents to His Majesty, that the former methods and practice of the Mint of this Kingdom, how these Pieces have been reserved for Trial in manner abovementioned, hath not been so exact, but that the Officers of the Mint may Coin at their pleasure, and that the Fault cannot be discovered by the Pixe: And therefore, the Commissioners in humble Obedience to His Majesty's Royal Commands, makes Report to His Sacred Majesty of the Particulars abovementioned, which was sufficiently verified and instructed to them in manner foresaid, And humbly remits the same to His Majesty's serious Consideration, to do therein as His Sacred Majesty shall think fit. Sic Subscribitur G. Gordon Cancel. Queensberry. Athol. Montrose. Perth. Southesque. Tweeddale. G. Mackenzie. G. Mckenzie: Patrick Ogilvie. I: Murray. W. Drummond. R. Gordon. Ja. Dick. R. Baird. May it please your Sacred Majesty, HAving received a Commission from your Majesty for trying all Affairs relating to Your Mint, in this Your Majesty's Ancient Kingdom; we did according to our Duty, use our exactest Endeavours in the said Trial and Inquiry, and have returned Your Majesty a just Account thereof by two of our Number, the Lord Justice General, and Lord Register, to the end Your Majesty may be satisfied by them, both in clearing any of the particulars, if the matter so require, or in relation to any further Proposals Your Majesty may have for regulating Your Mint for the future, this being an Affair of so great Consequence, both to your Majesty and to your Subjects, we hope our Faithfulness and Endeavours in this Trial, will convince your Majesty how ready we are upon all Occasions to manage any Trust reposed upon us, as becomes, May it please Your Sacred Majesty, Edr. 7. Aug. 7. 1682. Your Majesty's most Humble, most Faithful and most Obedient Subjects and Servants. Sic subscribitur. G. Gordon Cancel. Queensberry. Athol. Tweeddale. Geo. Mackenzie. Patrick Ogilvie. I. Murray. W. Drummond. R. Baird. R. Gordon. Instructions from the Lords Commissioners, for Visitation of His Majesty's Mint of Scotland, to the Lord Justice General, and Lord Register, two of their own Number▪ Edinburgh, 7th of August, 1682. 1. IMprimis, To signify how favourable the Commissioners proceeded in enquiring into the State of his Majesty's Mint of Scotland from the General thereof, allowing him what time he craved to give in the same, and how he offered to them a Representation, in place thereof, declining the powers contained in their Commission, and what time he spent before he would subscribe it; how he denied to answer their Interrogators in presence, and demanded them in Writing, with some days to consider and answer, which was also granted, how he desired time to advise, whether he would Depone upon the Points of the Interrogators, which was also dispensed with; and how after so much time spent, he plainly refused to answer any question relating to the Copper, or Depone upon any Point, in order to the Silver Coyn. Secundo, To show the Reasons whereupon the Commissioners Judges, that the 8 th' Act of His Majesties 2 d Parliament, whereby it is left in the option of the Merchants, either to import Bullion, or to pay 12 shilling Scots to the Officers of the Mint, for every ounce thereof, and the Officers to furnish the Bullion by themselves, to have been the ground of many abuses committed in the Mint-house since that time, such as the vexatious attendance of the Merchants, to get their Bullion Essayed, received and paid, the unjust exactions upon the Weights, the not payment thereof by weight in the Balance, the melting down and recoyning of Foreign current Silver in place of Bullion, which should have been Imported from abroad, whereby manifold advantages did accrue to the Officers of the Mint, which were divided amongst them, but the King and Kingdom thereby much prejudged. Tertio, To inform what Arts were used some years after the first Copper Journal was ended, to abuse His Majesty's Privy Council, to grant a new Copper Coinage, how some of the Generals and Master of the Mints Creatures, such as Sir William Binning, Provost Kinloch, and others of the Commissioners of the Royal Burrows, were induced to supplicat therefore, and how the Privy Council yielded thereto, upon the Trust they reposed in the General, and not knowing then that any more than 3000 stone of Copper had been formerly Printed, when now it appears there was about 17000 stone past the King's Irons long before the Petition was presented. Quarto, To declare how that since the Report was finished, there was in the Mint-house, some Silver, called Sweeps, which are small Corns or Grains, brushed off from the Moulds, and Lignots, immediately after casting, and Collected from a years work or more, this being prepared, was charged in the Pot, and put in the Furnace by the Masters Deput, without the knowledge of the Warden, which was the first fault; the Warden coming to the casting thereof, he, with the Counter-warden, took a piece off the Lignots, for making the Essay, but kept it up for two or three days, and left the Lignots in the Master's Deputs custody, which was a second fault; after some days, the Wardens brought that piece to the Essay-master, who immediately in their presence, took the Essay and reported it to be some seven or eight Grains worse, but not knowing how that should be, for his better security, went to take another piece, for a new Essay, which he did, and found it as before, only when he called for the Silver, he perceived they had proceeded to Miln the Lignots, cut the Silver in 56 shilling-pieces, and jousted them, ready for Blenshing and Printing, which was the greatest fault of all. Quinto, To represent how necessary it is, that His Majesty cause Regulat many abuses which have been too long practised amongst the Officers of the Mint, that they may be preventen for the future. Sic Subscribitur, Geo. Gordon Cancel. Queensberry. Athol. Tweeddale. Geo. Mackenzie. 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 Majesty's 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 Trial 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 said's Commissioners, or any one of them, to go to His Majesty's Mint-house at Edinburgh, and there to make Trial of ten Essay-pieces of Silver, taken forth of the Pixe thereof before the said's 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 Majesty's Goldsmith in Scotland, and Mr. John Borthwick, Essay-Master to to the Goldsmiths thereof; And to make Report of the Trial of the same, to the said's Commissioners; Having accordingly go and made Trial of the said's Essay-pieces, in presence of the said's persons, Did give in, and produced the Report thereof under-written, Subscribed with the said Robert Gordon his own Hand, and als with the Hands of the saids Sir John Falconer, Alexander Maitland, Archibald Falconer, Alexander Reid, and Master John Borthwick; Which the said's 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 als valid, and make als great Faith, as the Principal Report itself, 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 commanded by the Commission, for Trial 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 Majesty's Mint▪ Alexander Reid the King's Goldsmith, and Mr. John Borthwick the Goldsmith's Essay-master, take the Trials 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 Trial 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 Coin, 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 Trial the fine Silver and Indented Plate, being placed as before, the fine Silver did rain, and came out three Grain lighter, the Indented-Plate came out eleven Deniers two Grains and a sixth part, the English Coin 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 Trial, 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 Trial, 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 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 Tried 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 Tried 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 Tried yesterday, the fine Silver came out about three Grains worse, having rained 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 Trials, 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 Trial 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 Judgement given of the whole Coinage, according to that Lignot, was not only unsecure, but illusory. Now on some Trial 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 expressly 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 wrapped about every piece, conform to the Registers, and their own confessions; Yet the foresaid Committee, the Goldsmith, and the Goldsmith's 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 wrapped, 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 necessarily 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 Trial 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 wellbeloved 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 trial 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 entire 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 public Offices and Employments, 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 Advocate 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 virtue of their former Commission to consider what shall 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 Coinage 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 Majesty's 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 bypast, upon Our hearing the two Reports sent unto Us by the Commissioners, lately appointed by Us, for the Trial and Examination of the State of Our Mint of that Our Ancient Kingdom, We did signify, 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 Public Offices and Employments, which they did then enjoy under Us; And did likewise order you to take care, that Our Council should Command Our Advocate 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 Authorise and Require you, to take care that Our Council command Our Advocate, 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 signify Our Pleasure concerning any further matter that may be laid to their Charge, in such manner as to Us 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 said's 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 respectiuè, and to all others who may be therein concerned, a sufficient Warrant: 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 Majesty's Command, Sic subscribitur, MORRAY. Double of the KING's Letter, in favours of the Earl of Aberdene and Colonel Grahame, 1683. AT Edinburgh the eighth day of May One thousand six hundred fourscore three years, His Majesty's Letter under-written, direct to William Marquis 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 Advocate, against Charles now Earl of Lauderdale, Richard Lord Maitland, and the other Officers of Our Mint, of that Our Ancient Kingdom, by which they are found justly liable 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 ruin 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 seeing 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 deceased 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 deceased Earl of Dundee, and were since possessed by the said Earl of Lauderdale, or Lord Maitland, Make full Right of, and Dispone to Our right Trusty and well beloved Colonel 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, Privileges and Superiorities (and particularly the Rights, Privileges and Emoluments of the first Fair) within the said Town; Together with all other Rights, Profits and Emoluments therein possessed 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 Colonel 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 accounted 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 said's Lands, Houses, Jurisdictions and Superiorities, and others generally and particularly abovementioned, as well in favours of Our said Chancellor, as of the said Colonel Grahame, be free of all Burdens and encumbrances whatsoever, especially the Warrandice of the Lands and Estate of Craig, the Lady Maitland her Jointure, and the depending Process at the instance of the late Earl of Dundees 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 Colonel Grahame, for their respective Securities in the Premises: Upon the performance of all which abovementioned, We do hereby declare, That We will give a full and general indemnity, 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 public Station preceding the date hereof: Declaring likeways hereby Our express Will and Pleasure, That seeing 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 Deceased 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 Colonel 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, until Our said Chancellor, and the said Colonel Grahame shall be fully satisfied and paid 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 Colonel Grahame, and thereafter 11000 lib. to Our said Chancellor, and 2000 lib. to the said Colonel Grahame; Declaring nevertheless, That upon the Earl of Lauderdale and Lord Maitland, their granting of the abovementioned Dispositions, this Right to the abovementioned Decreet, granted by Us to Our said Chancellor, and the said Colonel 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 Majesty's Command, Sic subscribitur, MIDDLETON.