[1584/5/108]¹

Ratification of the contract between the king's majesty and Eustace Rough concerning the mines

Our sovereign lord, with advice of the three estates of this present parliament, ratifies, approves and confirms the contract made between his highness, with advice of the lords of his secret council, on the one part, and Eustace Rough, mediciner, with the partners, whatsoever friends and confederates of this realm, on the other part, acted and registered of before in the books of our secret council, and declares the same to have full force, strength and effect in judgement and outwith in time coming, of the which the tenor follows:

At Stirling, 22 October 1583, the which day, in presence of the king's majesty and lords of secret council, compeared Eustace Rough, mediciner, and presented and gave in the contract underwritten, subscribed by his highness and the noblemen, cautioners under mentioned, and the said Eustace desired the same to be registered in the books of secret council, which desire the said lords, finding reasonable, have ordained and ordain the same to be registered in the said books, of the which the tenor follows: At St Andrews on 23 August 1583, it is appointed, agreed and finally contracted between a most illustrious and mighty prince, James, by the grace of God, king of Scots, with advice and consent of the lords of his secret council on that one part, and Eustace Rough, mediciner, with his partners, whatsoever friends and confederates of this realm, on that other part, in manner, form and effect as after follows: that is to say, the said illustrious and potent prince, with advice and consent of his secret council, considering the chief and principal cause of the decay of mines and minerals of gold, silver, copper, tin and lead within this realm this long time past, to the great hurt and detriment of the patrimony and ruin of his crown as the common benefit of the same, partly to have been by not putting men of knowledge and judgement to the inventing, seeking out and discovering of the same, and also in admitting of such persons to the handling thereof as only having respect to their own particular commodity for advantage, had transported and carried the whole ore found and won by them in the said mines out of this realm, so that neither the prince at no time reported the profit indebted to him through that, neither yet any commodity did redound to the commonwealth of this realm by the same; and now our [said]² sovereign lord, with advice and consent of his highness's secret council, for augmenting of the revenue of his crown, whereby not only his highness shall by time be enriched, but also his realm shall feel and perceive a sure advantage, being well informed and persuaded of the perfect qualities and good knowledge and judgement of the said Eustace in seeking out and discovering of the said gold, silver, copper, tin and lead mines, who, freely upon his own charges, offers and permits to assail and enterprise the same; therefore our said sovereign lord, with advice of his council aforesaid, has set, granted and conveyed and, by this act, sets, grants and conveys to the said Eustace, his assignees and partners, friends and confederates as said is, one or more the whole gold, silver, copper, tin and lead mines and minerals within this realm of Scotland and dominions thereof, with power to the said Eustace and his aforesaids to search out, extract and discover the said gold, silver, tin and lead mines and to break the grounds, make sinks and pots therein to that effect as they shall think expedient within whatsoever part of this realm and dominions being unbuilt, unplanted or surrounded without harm, injury or trouble to them or any of them or theirs, by the lieges of this realm, and to put labourers and workmen thereto in such number as he please, being Scotsmen, but of strangers not exceeding 20 persons, extract and refine gold, silver, copper, tin and lead to be found by them within the same to such number as they may or can during all the said space, wherefore our said sovereign lord, with consent of his council aforesaid, inhibits and shall cause inhibit all and sundry lieges and subjects whatsoever of this realm, by open proclamation at all market crosses of the burghs thereof and other places needful whatsoever, by straightly inhibiting and discharging of all working, handling or meddling with any gold, silver, tin, copper and lead mines aforesaid, nor yet search, discover nor find out the same within any part of his realm and dominions thereof during all the said space without the said Eustace's or his aforesaids' special licence and consent had thereto, and from all troubling or molesting of them in working at the said mines during the said space, nor yet do nor attempt anything that may tend to the violation and breaking of any part of his highness of this act, under the pain of death; and for the accomplishment of the said enterprise, our said sovereign lord has taken and, by this act, takes the said Eustace, his assignees and partners under his highness's special protection, safeguard and defence, to be unharmed, unhurt or unmolested by any of the lieges of this realm during the same space. And for better assurance and keeping of the premises, our said sovereign lord, with advice and consent of his council aforesaid, wills and grants that this present contract be as valid and sufficient in the self as if it were a special exemption from all revocations enduring his minority nor during the same tack of 21 years, and for the more inviolable observing of the same has bound and obliged with their [own]³ consents, Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, great justice of this realm and chancellor of this realm, George [Keith], earl Marischal, lord Keith, George [Gordon], earl Huntly, lord Gordon and Badenoch, Francis [Stewart], earl of Bothwell, lord Crichton and Hailes, etc., William [Ruthven], earl of Gowrie, lord Ruthven, David [Lindsay], earl of Crawford, John [Graham], earl of Montrose, lord Graham, etc., their heirs, executors and assignees, as cautioners and surety for the premises in their honours and promise, and to ratify this present contract with all points and clauses thereof, as well concerning themselves as cautioners as other heads of the same, in the next parliament whenever and wherever it shall be held. Likewise, our said sovereign lord, with advice and consent of his council aforesaid, grants to the said Eustace and his pertainers free power and privilege to cut and carry away all wood and timber out of his forests adjacent to the mines, being felled, wasted, consumed and serving for no other use but for fire; and also if it happens the said Eustace to extract any coal in seeking out the said mines, to take thereof so much for refining and smelting of the said metals as shall happen to be refined and smelted; as also to cut, extract and lead away peats out of any his highness's moss and muirs adjacent to the same, providing that he in no way set any of the said wood, coal or peat to any merchant he pleases, but uses the same to the use aforesaid only; and also to transport lead ore and sell it for pot lead to any man he pleases, paying for that to our sovereign lord the tenth stone upon the ground where the said minerals of lead ores shall happen to be won. Moreover, if it shall happen either by foreign or internal wars, the said Eustace and his pertainers aforesaid to be troubled and interrupted from their work and occupation during any space of 21 years aforesaid, it shall be lawful to the said Eustace to exercise, occupy and labour in the said mines as long after the expiring of the said 21 years as the time of his interruption was during his licence, the said Eustace declaring his interruption to his majesty and council and receiving their declaration thereupon as appertains; and that the expense which he shall bestow upon the sustenance of his workmen during the time of his interruption, the same being notified, the king's majesty to pay the third part of the expense disbursed upon the 20 strangers during the time of his interruption and to be defaulted from the king's part of the gain and profit of the years following his entry to his former occupation, which entry shall be and begin between the date of this act and 2 May 1585, and failing thereof, this present contract and tack to expire by that very fact. Likewise it shall be lawful to the said Eustace to break and open the ground in any place as he thinks expedient, being unbuilt, planted or surrounded, for the searching and extracting of the metals aforesaid, and to dress and build houses and buildings beside the mine, so many as shall be necessary for his work and workmen, he paying for that the value and profit of the ground to the owner or heritor thereof as shall be estimated by any commissioner appointed by our sovereign lord to that effect. And if there be any quarry of stone and lime necessary for building of the said house adjacent thereto, to take off the same to that use, paying for that likewise at the commissioner's will and discretion [the value thereof]⁴ to the said owner or heritor. Lastly, for the great commodity and furtherance of his work, that his workmen be not compelled to go to other burghs or towns far distant from the place of their occupation for searching of victuals and repairing of their instruments suitable and apt for the said work and other causes needful, which may stay and hinder the said work, our sovereign lord, with advice of his council aforesaid, grants and permits to the said Eustace and his aforesaids, wherever it shall happen them or any of them to work in the said mines for discovering of the said metals, to have a free market of victual, butcher meat, fish and all others needful for his and his partners' and their servants' and families' sustenance, as for their industry and occupation; and that during all the years and terms of their remaining in this country, with express command to all burghs adjacent to the place of their occupation that none of them take upon hand to trouble and molest the said Eustace of his highness's privilege and liberty granted to him, for the which cause the said Eustace, his assignees and partners aforesaid bind and oblige them by this act to pay to our sovereign lord or his commissioners to that [effect]⁵ during all the time and space of 21 years for every 100 ounce weight of gold, seven ounces, and for all other metals, such as silver, copper, tin or lead, ten ounces of every 100 ounces weight, reckoning to every 100 five score; and the said Eustace and his partners aforesaid shall deliver the whole rest of the gold and silver won by them in whatsoever part within this realm in the coin-house for £22 the ounce of utter fine gold and the ounce of utter fine silver for 40s the ounce, receiving gold for gold and silver for silver at the coin-house; the which gold and silver being coined in our sovereign lord's coin-house, it shall be lawful to the said Eustace and his partners to transport the same and all other minerals and metals and other things proving thereof (over and above the quantity paid to our sovereign lord) beyond sea or elsewhere he pleases for his lawful use and traffic. And further, the said Eustace and his partners aforesaid bind them to deliver yearly to our sovereign lord's own use 1,000 stones weight of smelted lead [free],⁶ without any payment for that, and that whether the said Eustace may have the commodity of the smelting of the ore within his country or that he be compelled to transport the same beyond sea for lack of fuel or other lawful occasion whatsoever, which lead, in case it may be refined within this country, he shall deliver the same upon the ground where it is refined, and if of necessity it must be transported, he shall deliver the same to his majesty free on shore at the port of Leith; and likewise deliver yearly to our sovereign lord's use in manner aforesaid 2,000 pounds weight of copper freely, without any payment for that, whether the same copper be refined within this country or without the same. And if he shall happen to search and find out the mines near to the parts whereunto the timber, fuel, peats or coal may not easily be carried out of the forests, moss or pits pertaining to his highness for refining of the metals, in that case it shall be lawful to him to carry, take away and transport the ore of the places to whatsoever parts beyond sea where he may have the best commodity of fire and timber for refining of the same, our sovereign lord's duty being paid at the places in manner as is above-written, providing always that if at any time he leaves or omits his work after the said 2 May 1585 for the space of a year half a year, except in the winter season, or any certain space namely from April to October, then to pay to his majesty as much profit as the rate thereof would have extended to if he and his partners had wrought, reckoning according to the forenamed profit above-written; and if in case the said work be left for a space of one summer tide, unless it be for the case of foreign or internal wars or molestation of him and his aforesaids in the said work, whereby our sovereign lord may be hindered and diminished of his profit, in that case the said Eustace shall forfeit and lose privilege of the whole tacks thereafter; and likewise the said Eustace shall be bound that if any gentlemen or any other of whatsoever estate he be of this country that please to furnish or clear out proportionally for their part in this work in furnishing of money according to the rate thereof as said is, he receive him as partner with him; but in case his said work be full of partners at that present and needs no further, he shall find and seek out to them another mine, which will be as profitable and gainful to them as the mine already found shall be to the strangers. And for the more observing and keeping of this act, our sovereign lord ordained this present contract, likewise also the said Eustace consents that the same be acted and registered in the books of secret council, and in like manner his highness ordains a letter to be made under his great seal hereupon to the said Eustace and his aforesaids containing the space and duties above-written,⁷ in the appropriate form. In witness of the which, our said sovereign lord and cautioners aforesaid and the said Eustace have subscribed this present contract with their hands, day, year and place aforesaid, before these witnesses: Robert [Pitcairn], commendator of Dunfermline, Mark [Kerr], commendator of Newbattle, James Campbell of Ardkinglas and Alexander Hay [of Easter Kennet], clerk register, providing always that this act shall not be hurtful nor prejudicial to the rights and titles which James [Stewart], earl of Arran, lord Aven and Hamilton has to certain lead mines within this realm but that the same rights shall stand and be effectual, notwithstanding this act or any conditions therein contained: It is thus subscribed, James Rex, [Archibald Douglas, earl of] Angus, [Robert Stewart, earl of] March, [George Keith, earl] Marischal, [Francis Stewart, earl of] Bothwell, [David Lindsay, earl of] Crawford, [John Graham, earl of] Montrose, [George Gordon, earl of] Huntly, [Colin Campbell, earl of] Argyll, [Andrew Leslie, earl of] Rothes, [William Ruthven, earl of] Gowrie, Eustace Rough.