[1592/4/46]*[print] [email] [cite] [preceding] [following]
†For remeid of the greit contempt, disordour and wrang quhilk hes bene in dyvers partis of this realme in default of keping and executioun of the guid lawes and actis of parliament maid of befoir be the schireffis and utheris juges ordinar, thair depuitis and clerkis, it is statute and ordanit be oure soverane lord, with avise of his estaitis in parliament, that the saidis schireffis and utheris juges ordinar alsweill to burgh as to land within regalitie as ryaltie, do thair exact diligence to knaw and understand the lawes of this realme and actis of parliament, quhairof the executioun is committit to thair charge and that thay put the same in executioun without delay eftir the end of this present parliament, speciallie in serching, seiking, following, persewing, apprehending, committing to ward and presenting to justice of declarit tratouris and rebellis contempnandlie remanand at the horne and standand registrat in thair awin buikis unrelaxt, or in doing of justice upoun thame gif thai have commissioun for that effect; and gif thay can not apprehend and ourtak the saidis tratouris and rebellis within the boundis of thair awin jurisdictionis, to mak denunceatioun to the schireffis and judges ordinar of the four halffis about that sic personis ar fled within thair boundis, requiring thame to use the lyk diligence in serching and apprehensioun of thame as thai will answer to his majestie at thair perrell and under the same pane that the tratouris or rebellis hes incurrit, in inquiring, serching and apprehending of sorneris, oppressouris, strang vagabundis and beggaris wandering athort the realme on pretens that thai ar schipbrokin or banist for slauchtir or uthir odious offences, or ar of the dissimulat thevis and abusaris calling thame selffis Egiptianis, in executioun of justice in all civile caus belanging to thair jugement without parcialitie or neidless delayes, in extracting of proces, decrettis and geving of sasingis and retoures at ressonable prices without exorbitant extorsioun, in bringing of thair court buikis with the compt of escheatis and unlawes intromettit with be thame yeirlie to the chekker, in making of thair depuittis and clerkis of men of best fame, knawlege, undirstanding and experience that may and can use the office, quha salbe astrictit to bring thair registeris of sasingis, horningis and registratiounis to the chekker and his hienes thesaurair, as is contenit and ordanit in the actis of parliament maid thairanent of befoir. And that the saidis schireffis and utheris ordiner juges may the better execute and do thair dewtie in the premises, oure soverane lord, with avise of his estaitis in this present parliament, ratifies and apprevis all liberties, privilegeis, registrationis, fies and commodities grantit to thame, thair depuittis and clerkis be his hienes or his progenitouris of befoir, thay alwayes findand guid souirtie in his hienes nixt chekker for dischargeing of thair offices dewtifullie and making of thair comptis yeirlie in the chekker at the dyettis appointit thairto, and that they sall nawyis suffer thame selffis to be denuncit to the horne in default thairof, bot that thai sall send thair depuittis, ane or ma, and clerk yeirlie at the first day of November to be examinat and admittit be the lordis of counsaill and sessioun under pecuniall panis at the lordis modificatioun, to be payit be thane to oure soverane lordis use incais of failyie, with certificatioun to thame that gif the said souirtie be not fund betuix and the end of the said nixt chekker, they salbe denuncit rebellis and put to the horne, and fra thin furth all his hienes subjectis within thair jurisdictionis salbe exemit fra thair offices and jurisdictioun; and attour declaris and ordanis all perceptis furth of the chancellarie upoun retouris to be past in the auld maner to the schireffis and utheris juges ordiner, with the claus capiendo securitatem, unurgeand the partie with present payment incais the said souirtie be fund as said is.
[1592/4/47]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and estaitis of this present parliament, considdering the greit abuse that hes bene amongis the leigis of this realme in thair bearing of armes, usurpand to thame selffis sic armes as belangis not unto thame sua that it can nocht be distinguischit be thair armes quha ar gentlemen of blude be thair antecessouris, nor yit may it be decernit quhat gentlemen ar discendit of noble stok and linage; for remeid quhairof, his hienes, with advise of the saidis estaitis, hes gevin and grantit and, be this present act, gevis and gratis full power and commissioun to lyoun king of armes and his brether herauldis to visite the haill armes of noblemen, baronis and gentlemen borne and usit within this realme, and to distinguische and discerne thame with congruent differences, and thaireftir to matriculat thame in thair buikis and registeris, and to put inhibitioun to all the commoun sort of people not worthie be the law of armes to beir ony signes armoriallis, that nane of thame presume or tak upoun hand to beare or use ony armes in tyme cuming upoun ony thair insicht or houshald geir under the pane of the escheating of the guidis and geir sa oft as thay salbe fund contravenand this present act, quhairevir the same armes salbe found grawin and paintit, to oure soverane lordis use, and lykwayis under the pane of ane hundreth pundis to the use of the said lyoun and his brether herauldis; and failyeing of payment thairof, that thay be incarcerat in the narrest prissone, thairin to remane upoun thair awin chargis during the plesure of the said lyoun. Item, becaus chargis of tressone hes not bene execut and usit with sic sollempnitie and officiaris of armes as the wechtines thairof requires, it is statute and ordanit that oure soverane lordis thesaurair and utheris directaris of sic lettres deliver thame in tyme cuming to be execut be the ordinar herauldis and pursevandis berand coittis of armes or masaris, to be usit be thame as of befoir, and gif ony executionis under the pane of tressone salbe execut utherway, declaris the executionis to be null and of nane availl. Item, in consideratioun of the greit abuse of messingeris and officiaris of armes within this realme, quhilkis for the maist pairt ar not qualifiet for using of the said office, being admittit be extraordinar and inoportune suittis, be quhais abuse the leigis of this realme ar heavelie trublit and opprest, thairfoir it is statute and ordanit that the said king of armes be advise of the lordis of counsaill and sessioun deprive and discharge all sic officiaris and messingeris of armes as he sall find unworthie of the office and tak sicker souirtie of the remanent for thair observatioun of thair injunctionis in tyme cuming, with power to the said king of armes, with advise of the saidis lordis, to enjoyne further necessar injunctionis to the saidis messingeris for keping of guid ordour in thair offices, dischargeing him in the meantyme to admit ony ma officiaris heireftir quhill the haill messingeris presentlie bering armes be reducit be death or deprivatioun to the nowmer contenit in the act of parliament maid anent the confusit nowmer of officiaris of armes.
†Item, for remeid of the greit questionis and debaittis that arrysis at all parliamentis and uther solempne conventionis anent the ranking of noblemen according to the auncietie of thair hous and prioritie of thair voittis, oure soverane lord, with advise of his saidis estaitis in parliament, gevis, grantis and committis full power and commissioun to William, erll of Angus, lord Douglas and Abirnethie, George, erll Merschell, lord Keith, Maister Robert Douglas, provest of Lincluden, collectour generall, Adame, bischoip of Orknay, Schir Robert Melvill of Murdocarny, knicht, thesaurair, Schir Richert Cokburne, younger, of Clerkingtoun, secretair, Robert, lord Altrie, Schir Johnne Cokburne of Ormeistoun, knicht, justice clerk, Alexander Hay of Eister Kennet and Schir David Lindsay of the Mont, knicht, lyoun king of armes, or ony four of thame, the saidis Erll Marschell and lyoun being alwayes tua, to convene, consult, try and gif thair advise subscryvit with thair handes how all the estaitis of this realme sall ryd frome the kingis palace to the parliament hous and toward thair sitting and voiting thairin. Item,† last, that becaus the jurisdictioun of the lyoun king of armes is not able to execute dew punisment upoun all personis that salhappin to offend in the office of armes, thairfoir oure soverane lord, with avise of his estaitis in parliament, ordanis and commandis all civile magistratis as thay salbe requirit be the king of armez or any utheris in his name to concur with him to sie the actis maid in his favouris of his office put to dew executioun in thair jurisdictionis, as alsua to concur with him to the puneisment and incarceratioun of all sic personis as sall usurp the bearing of his majesties armes efter dew deprivatioun under the pane of rebellioun and putting of the disobeyaris to his hienes horne, with certificatioun to thame and thay failye, being requirit, lettrez salbe direct simpliciter to put thame to the horne.
[1592/4/48]*[print] [email] [cite] [preceding] [following]
†Becaus it is provydit that criminall lettrez sall not neid to be regisrat, bot returnit to the adjornal, thairfoir ordanis and commandis the justice clerk and his depuittis, within sex dayis efter criminall lettrez, with executioun of ony personis at the horne, beis returnit to thame, to deliver the names denuncit with a breive note of the caus to the thesaurair or his clerk of register, that lettres for uptaking of the escheatis of the personis denuncit may be direct and execute with all expeditioun as the saidis thesaurair and justice clerk will answer to his hienes upoun thair dewtie and diligence, that in justice courtis or justice airis the haill assyis summond being callit out and the absentis unlawit, the extract of the act of the unlawes be deliverit to the thesaurair or his clerk within sex dayis thaireftir, that lettrez may be direct thairupoun for uptaking of the saidis unlawes without compositioun to be maid thairfoir, and lykwayes, quhen evir ony personis that hes fund souirtie to underly the law comperis not at the day appointit and thairthrow ar decernit to be denuncit rebellis as fugitive fra the law, the justice clerk or his depuittis sall deliver the act of adjornall thairupoun, with the precept to denunce the personis sa decernit fugitive be oppin proclamatioun at the mercat croce of Edinburgh within sex dayis efter thai be decernit. Quhilk denunceatioun, oure soverane lord with his estaitis, declaris and admittis to be as lauchfull for intrometting with the escheatis as gif the samyn wer maid at the mercat croces of the heid burrowis of the schyres quhair the saidis rebellis duellis, bot the said horning sall nocht serve to put the inhabitantis of the saidis schyres in mala fide toward the resett, supplie and intercommoning with the saidis rebellis denuncit quhill the said denunciatioun of horning be usit at the mercat croces of the heid burrowis of the schires quhair the personis rebellis thame selffis duellis, and that the lordis of counsaill and sessioun grant na lettrez of suspensioun upoun ony panis and unlawes of liquidat sowmes chargit for be the thesaurair without consignatioun or guid souirtie in the in pairtis of the realme, that lyoun king of armes, within fiftene dayis efter the publicatioun of the actis of this present parliament, deliver to the thesaurair or his clerk the names of the officiaris standing admittit, with the names of thair cautionaris, as alsua the names and cautionaris of the deprived officiaris in tyme cuming, that all exemptionis and licencis fra raidis and assyis or for transporting of forbodin guidis (gif ony salhappin to be grantit) salbe subscryvit be the thesaurair for compositioun to his hienes use, and to be registrat in the thesaurareis registar to the effect he may be chargit thairwith in tyme cuming in his comptis, and that na sic licences be warrand in jugement or to the signet or privie seill wantand the subscriptioun of the said thesaurair; and forsamekle as the care and charge of the ressaving and making compt of the monkis portionis, first fruittis and fift pennie of benefices is committit to the charge and diligence of his hienes thesaurair, thairfoir ordanis and commandis the said thesaurair to mak a perfite rentall of the saidis monkis portionis, first fruittis and fyft pennies, and to charge and discharge him thairwith in his comptis; and that he may be the better acquantit thairwith, ordanis all signatures of giftes and provisionis to be past upoun ony pairt of the same to pas his hienes thesaurauris registrar and be subscryvit be the kepair thairof befoir it be sufficient warrand to the seillis. Oure soverane lord, with avise of his estaitis in parliament, dischargis all commissionis of justiciarie grantit be his hienes of befoir and nane to be grantit in tyme cuming generallie or for langer space nor the erand in hand may be convenientlie perfytit, and that on cautioun to produce the proces and pay that pairt of the commoditie quhilk be the commissioun is destinat for the kingis use.
[1592/4/49]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, understanding that this lang tyme bygane nather his majestie nor the cuntrie hes importit ony commoditie of the mynis and metallis, quhilk in great abundance micht be easelie found in this realme, to the interteynement and sustentatioun of ane greit nowmer of the liegis thairof, and that the said inconvenient hes ensewit be resone oure said soverane lord and his maist noble progenitouris wes in use commonlie to sett the saidis haill mynis within thair dominionis to ane or tua strangearis for ane small dewtie, quha nather haid substance to caus labour and wirk the hundreth part of ony ane of the saidis mynis, nor yit instructed utheris leigis of this realme in the knawlege thairof, quhilk is mair nor notour be the doingis of the present takisman of the mynes, quha nether wirkis presentlie nor hes wrocht thir mony yeiris bypast, nor evir hes serchit, socht nor discoverit ony new mettall sen his entrie, nor hes instructit ony of the leigis of the cuntrie in that knawlege, and quhilk is maist inconvenient of all, hes maid na sufficient payment of the dewtie of his tak to oure soverane lordis thesaurair sua that na pairt of the said yeirlie dewtie is evir cum in the said thesauraris compt to his hienes use and commoditie, quhairby oure soverane lord and the haill cuntrie will sustene greit los gif ane strangear sall bruik in this maner the haill mettallis within his majesties dominionis but payment of ony dewtie for the space of xxj yeris altogidder; lyk as also in respect the richt of all mynis pertenit to his majestie and his hienes predicessouris, thairfoir quhensoevir ony myne or seme of mettaill wes found be ony of the leigis of this realme, the same wes ather neglectit, or be all moyanis possible obscurit, be ressone that na pairt of the commoditie thairof micht redound to thame selffis, quhairby ane greit proffite quhilk micht have bene gottin baith to oure soverane lord and als to the cuntrie wes allutirlie owirsene. And now oure said soverane lord, understanding the inconvenientis foirsaidis to have procedit cheiflie becaus ther wes not ane speciall man of witt and knawlege appointit to quhais office propirlie the owirsicht of the haill mater of the mettallis suld pertene, and of quhome his majestie and estaitis micht seik ane compt and ressone of the administratioun of his said office that his mynis be not neglectit (as thay ar), dyvers utheris princes makand sa greit commoditie of the lyk; thairfoir oure said soverane lord, with avise of the estaitis of parliament, hes statute and ordanit that in all tyme cuming thair salbe ane ordinar officiar appointit and providit to the said office induring his lyftyme for the oversicht and proffitable handling of the haill mater of the mettallis and minerallis pertening to oure said soverane lord, and concerning the same, to be callit the maister of the mettallis, quha salhave the power, expres charge and mandement of his grace and estaitis foirsaidis be vertew of his said office to call and reduce befoir the ordinar jugementis of sessioun, secreit counsal or lordis of the chekker respective for relevant caus of the law all and quhatsumevir richt is maid of befoir to quhatsumevir persoun or personis, with avise of parliament, or utherwayis of the saidis metallis or ony pairt thairof, or of ony or quhatsumevir offices belanging thairto; and siclyk salhave power, charge and mandiment as said is to seik quhatsumevir lauchtfull executioun aganis the personis quha hes haid or quha salhave or acquire ony richt of the saidis mettallis and minerallis with utheris foirsaidis and subject to ony dewtie or service to oure said soverane lord for the same, to caus the saidis dewties baith bygane and to cum be thankfullie payit to oure said soverane lordis thesaurair and utheris quha hes or sall acquire sufficient richt and power to retene his majesties dewty, and to compell the saidis inferiour officiaris to do thair dewties according to thair saidis offices under the pane of tinsell of the same. Attour oure said soverane lord, with avise foirsaid, hes statute and ordanit that all signatures of infeftmentis of few takkis, contractis or dispositionis quhatsumevir to be maid be oure said soverane lord or his grace successouris of ony pairt of the saidis metallis or minerallis, or of ony office belanging to the same, or of ony precept, pensioun, assignatioun or gift to be disponit be oure said soverane lord or his foirsaidis of ony pairt of the proffite thairof, salbe null and of na force, strenth nor effect be way of actioun, exceptioun or reply as expres null of the law, except gif the same be past with the expres consent and subscriptioun manuall of oure soverane lordis thesaurair and als of the said maister of mettallis conjunclie, and the said forme of subscriptioun to be expressit in the gift, quhilk sall pas quhatsumevir signet or seill of the chancellarie quhairin the subscriptioun of the maister of the mettallis alwayes in all the foirsaidis dispositionis salbe necessar, and the want thairof salbe nullitie of the law. And forsamekle as it is necessar that the said maister of the mettallis, quha mon be answerable to his grace and estaitis for the administratioun of his office, understanding the privat pactionis and contractis betuix partiis anent the saidis mettallis that oure soverane lord may understand and knaw his grace, tenentis and possessouris thairof, and that his grace be nawayis defraudit of his hienes dewtie, thairfoir it is statute, in maner foirsaid, that na dispositioun or contract betuix privat pairties anent the ground richt and wirking of the saidis mettallis or minerallis salbe valide, except gif the said maister of the metaillis consent thairunto, under the pane of nullitie, and this claus of nullitie to be insert in all dispositioun of few or lang takkis quhilkis oure said soverane lord will heirefter mak of the saidis mettallis or minerallis or ony pairt thairof in tyme cuming, but prejudice of parties to sell and traffique with mettaillis won and refynit at thair plesure, but consent of the said maister. Mairower, the said maister of the mettaillis onlie and na utheris except be his richt salhave power to caus brek ground, serch, seik, won, work, carie and transport all the saidis metallis and minerallis within ony pairt of his hienes dominionis, nor sett in few nor dispone lauchfullie to uther personis, and siclyk within sic partes quhairof the mettallis is fewit and disponit to the saidis uther personis, quhair thame selffis refuiss or delayis to wirk the same and postponis, to find sufficient cautioun actit in the buikis of counsaill or chekker that they sall sufficentlie wirk, labour and exerce the saidis metallis, and pay oure soverane lordis just dewtie and tent pairt thairof to oure soverane lordis thesaurair and utheris having power as said is; with power to the said maister of the mettallis to mak associattis in sufficient number and to enter warkmen, alsweill subiectis of this realme of quhatsumevir nowmer as strangearis, not exceding the nowmer of fourtie personis in ilk schire, and to appoint thame marcattis for thair viveris and utheris thingis necessar with wayis and passages, frie ische and entrie, places for all maner of hous, mylnes, mylnelandis, fornaceis and fyre out of the nixt adiacent mos and woddis necessar for thair warkis, the possessouris of the landis, wodis and mos being alwayes satisfiit and thair licence obtenit thair to for the damage quhilk heirby thay sall sustene in this superfice of thair ground, not comptand the valour of the mettallis to be fund within the same as not appertening to the saidis proprietaris bot to oure soverane lord, the said maister of the metallis being alwayes comptable to oure soverane lordis thesaurair and utheris having power as said is, of his majesties dewtie, quhilk is the tent pairt of all the saidis metallis frelie to be payit to oure soverane lord yeirlie and termelie. And be ressoun the saidis myneris and warkmen is dalie in the hasart of thair lyves be the evill air of the saidis mynis and the danger of the falling of the same and uther infinite miseries and dangearis quhilk dalie occurris in the said wark, thairfoir oure soverane lord, with avise foirsaid, exemis the saidis myneris, mettallaris and utheris actuallie remanent at the said wark fra all taxationis, charges, proclamatiounis and uther chargis quhatsumevir, baith in peace and weir; and, be the tennour heirof, takis thame all, thair servandis, families, guidis, geir and heretagis in his speciall protectioun, declaring that quhatsumevir wrang or oppressioun directlie or indirectlie salbe done to thame in thair personis and guidis salbe seveirlie puneist as done contrair his majesties speciall protectioun and saulfegard, commanding all his hienes jugeis to sie the executioun heirof effectuallie performit within thair awin boundis and jurisdictionis. And becaus mony small questionis, contraversies and debaittis will arryis betuix the saidis warkmen and marchandis and utheris traffiqueris concerning the saidis mettallis and minerallis quhilk may not abyd the langsum cours and gret expens of the ordinar justice, thairfoir it is statute and ordanit that the said maister of the mettallis, be him self and his subdelegattis, ane or ma to be appointit be him, to mak residence in sum convenient place of ilk schyre neir and commodious to the saidis metallis, salbe judges ordinar in the first instance in all materis civile and criminall propirlie concerning the saidis mettallis, exceptand in slauchteris, murtheris or mutilatiuon, quhilk salbe decydit be oure soverane lordis greitt justice according to the ordinar forme, provyding alwayes that the lordis of sessioun salbe juges in the secund instance, to reduce quhatsumevir wrang the said maister of metallis sall juge or decerne be him self or his subdelegattis, with power to the said maister of metallis to mak statutis concerning this mater, provyding the saidis actis be first speciallie approvin be his majesties secreit counsaill, to creat subdelegattis, clerkis, servandis and utheris memberis of court, and to have ane ordinar registrar, and generallie to do, hant and exerce all thingis necessar to the said jurisdictioun in sic forme as the commissaris of Edinburgh, schireffis of the schire or lordis of the regalitie may do within the realme, dischargeing all utheris juges to mell in ony wayis or haif ado with the saidis judicatouris of ony sic materis; and ordanis the lordis of sessioun to advocat all sic persuittis fra thair jugementis and to remit the same to the jugement of the said maister of the mettaillis, provyding alwayes the saidis ordinar juges sall concur to sie all the saidis decrettis put to executioun within thair jurisdictionis in sic forme as thai ar obleist to caus execute ony uther ordinar decreit not decernit be thame selffis. And be reasone his majesties rent ordinar can not weill be burdynnit with ony fies or expens to be maid heiron, thairfoir it is statute that the ordinar fies to be appointit to the said maister of the mettallis, or to ony uther inferiour officiar concerning the mettallis foirsaidis, sall nawayis be gevin out of his majesties thesaurarie, comptrollarie or collectorie nor of na uther casualities pertening to his hienes, except of the frie proffite of the saidis mettallis allanerlie, quhilk salbe frelie brocht in, payit and maid compt of yeirlie to oure soverane lordis thesaurair be compositiounis of signatures belanging to his majestie and be payment of his majesties tent pairt with sic uther casualities of the saidis mettallis, quhairof oure soverane lord, with avise of the parliament, hes statute and ordanit that the said maister of the mettallis salhave yeirlie the tuentie pennie as for the ordinar fie of his office, and for eschewing of the multitude of the inferiour officiaris be quhais feis ane greit part of the remanent of the said frie proffite may be exhaustit and maid inproffitable to his majestie, it is statute that the ordinar sercheouris, clerkis of cokettis and magistrattis of burghis and fre portis within this realme sall nawyis permit ony part of the saidis uris to be transportit nor refynit, and sall do thair diligence in trying of the transporting of the saidis metallis and uries and registraring of the quantitie thairof, and names and schippis of the transportaris thairof to be gevin up be thame to the maister of the metallis as they ar subject to do in ony uther forboddin guidis, and that thay be answerable to the chekker and maister of the mettellis yeirlie heirupoun. Lyk as it is statute that na sic uris salbe transportit out of the cuntrie, unrefynit at leist, without licience of the thesaurair and maister of the mettaillis conjunclie, and siclyk that na office concerning quhatsumevir the saidis metallis salbe in onywayis valide or effectuall in ony tyme heireftir, except gif the same be of new disponit be oure soverane lord, with avise of the said thesaurar and maister of the mettallis conjunclie as said is, quha salhave power to comptroll, try and examinat the necessitie of the said office, the conditionis and speciall service to be injoynit to the ressaver thairof, the penalties of the faultis and negligence to be done be him in the said office, the quantitie of the fie and all uther thingis depending thairupoun, and to stop the signaturis thairof, that the same pas nawayis fordward except for a necessitie and a sene proffite to his majesties service; and the said office being past lauchfullie as said is, the trying of quhatsumevir falt or negligence to be committit thaireftir in the administratioun of the said office be the said inferior officiar and the power of deprivatioun of him thairof for the said tryit falt or of the condempnatioun of him in sic a pecuniall pane as his majesties entres will extend unto, sall evir pertene in the first instance to the said maister of the mettallis. And oure said soverane lord, knawand the qualificatioun of his weilbelovit counselloure Maister Johnne Lindsay, persoun of Memmure, and of his travellis in seiking out and discovering of dyvers mettallis of greit valour within this realme, and in sending to England, Germanie and Denmark to gett the perfite essey and knawlege thairof, being also weill assurit of his earnest desyre to advance his majesties service and commoditie, thairfore hes, with avise of the parliament, gevin, grantit, and disponit to the said Maister Johnne during his lifetyme the said office of the maister of all the mettallis, mynis and minerallis quhatsumevir within his majesties dominionis with all the foirsaidis privilegeis and liberties and all utheris quhilk of the commoun law consuetude of this or utheris weill governit cuntries thairto is knawin to pertene, togider with the speciall fee of the twentie penny of all soumes of money or estimatioun of mettallis, uris and utheris minerallis quhilke salbe maid compt of yeirlie to his thesaurare properlie cuming of the saidis mettallis, and arysing upoun the proffeit thairof as said is. And als oure soverane, willing that all his majesties liegis quha will tak on hand to discover and work the saidis mynis may have reasonable proffite and recompence of thair panis maid† a sufficient securitie maid to thame of thair awin mynis within thair awin landis, and als understanding that the dewtie of the said mynis quhilk baith of the commoun law and consuetude observit be uther forein princes properlie pertenis to the prince extendis onlie to the tent part fre, thairfore oure said soverane lord, with avise of his estaittis in parliament, hes dissolvit the saidis mynis and mettallis in safer as thay war part of his propirtie, annext or ony wyis, to the effect the same may be sett in few for augmentatioun of oure said soverane lordis rentall; and statutis and ordanis that it salbe lesum to his hienes and his successouris, with avise of the thesaurare and of the said maister of the mettallis conjunctlie and for reasonable compositioun to sett in few ferme to every erle, lord, barroun and uther frehalder within this realme all and quhatsumevir mynis of gould, silver, copper, leid, tin and uther quhatsumevir mettallis or minerallis, quhilk is or may be found within thair awin landis and heretageis, with power to thame to seik and discover, lauboure and work the saidis mettallis and minerallis, and to sell, dispone or sett the mynis thairof in takkis or few, with consent alwyis of the said thesaurare and maister of the mettallis conjunctlie in maner foirsaid, to utheris thair subtenentis at thair pleasure as thair proper gudis and heretage and with sic uther ample privilegeis as oure said soverane lord, with the consent foirsaid, sall think expedient for the wining and working of the saidis mettallis be cuntrie men or strangearis, payand thairfore yeirlie the saidis erlis, lordis, barounis and utheris quha sall accept the saidis fewis as said is to oure said soverane lord and his thesaurare, thair factouris and servitouris in thair name, the just tent part of all and haill the said gould, silver, copper, leid, tin and utheris minerallis quhilk salbe found and gottin yeirlie within thair saidis landis and heretageis upoun the ground quhair the same salbe found in sic ure and qualitie as the same salbe gottin out of the erth frelie, but ony deductioun, with expresse provisioun that quhatsumevir ure the saidis personis sall win to thair awin use salbe resavit with the kingis dewtie be the maister refyner, quhome his majestie sall appoint to refyne bayth his majesties tent part and all the rest of the ure quhilk salbe win within this realme, that his majestie be not defraudit of his grace dewtie thairof, provyding that in cace ony mynis being sufficientlie discoverit to be within ony of the landis pertening to ony subject of this realme, and the lord of the ground sufficientlie advertesit thairof and lauchfullie requirit to work the same himself befoir ane notar and for witness as efferis, gif he refuis or delayis the space of thre monethis thairefter, than and in that cace it salbe lesum to oure said soverane lord to set the same in few or tak, or utherwyis to caus work the same, or to mak rycht thairof to ony uther persone at his grace pleasure that be the wilfull refuis or delay of the awnar of the ground, his grace and his cuntrie be not defraudit of the commoditie of the said myne. And oure said soverane lord, with avise foirsaid of the parliament, declaris that this act of dissolutioun salbe perpetuall, to last for all tyme cuming. And forsamekle as Thomas Foullis, gouldsmyth, hes fund out the ingine and moyane to caus melt and fyne the uris of mettallis within this cuntrie and hes bracht in strangearis and beiggit hous and mylnis for this effect to his grit coist and expens, and to the grit and evident weilfair of the haill cuntrie within the quhilk na ure in grit wes newer meltit of befoir and fynit, bot the same wes evir transportit out of the cuntrie unmeltit and refynit, thairfoir oure soverane lord, with avise of the estaitis foirsaidis, ratifyis the said Thomas his gift of the said melting and refyning of all and quhatsumevir uris of mettallis won and wrocht within this cuntrie, in the haill liberties, privilegies and fies contenit thairintill etc.