[1592/4/49]¹

For furthering of the kingis commoditie be the mynes and metallis

²Oure 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 maid³ 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.