[1661/1/485]¹

Ratification [for] Sir James Hope

Our soverane lord, with advice and consent of the estates of parliament, takeing to consideration how much it may tend to his majesties' honour and proffeit of this his antient kingdome that the mynes (with which it so much abounds) be effectually prosecute and, for that effect, that all encouragement be given to the undertakers and prosecuters thairof, and withall that his majesties' dearest goodsir, of blessed memorie, King James the sext, who well knew what wold most conduce to so desyreable ends, did in his royall wisdome and princely prudence, with advice and consent of the estates of parliament, in anno 1592, by their act anent the dissolution of the said mynes from the crown, for the reasons forsaids and other considerations therinspecified, exeem all myners, mettallers and others actually remaining at such works from all taxations, charges, proclamations and other charges whatsumever, both in peace and war, and therfor did take them, all their servants, families, goods, geir and heritages in his majesties' speciall protection, as at more lenth is contained in the said act, and that accordingly, Sir James Hope of Hoptoun, his authors and predicessors, prosecuters of his mynes and works, have hitherto from tyme to tyme had large exemptions and priveledges indulged and granted to them; thairfor his majestie, with advice and consent forsaid, not only ratifies and approves the said act and extends the same in favors of the said Sir James and his successors their saids mynes and works in Craffurdmure, erected or to be erected, their mynes and works at the silver mynes somtyme called Binniemynes, their mynes and works of Aithray, bot also of new, by thir presents, exeems and now and in all tymecomeing priveledges the said Sir James Hope and his forsaids thair saids haill works and mynes (and all other minerall workes or mynes heirafter to be set up or undertaken by them) their workemen and others actually resideing at the saids works, their servants and families, from all watching, warreing, proclamations, leveys of horse and foote, taxations, cesse, mantenance, polmoney, excise and other impositions whatsumever imposed or to be imposed, under, for or upon whatsumever name, denomination, cause or pretext whatsumever, in any tyme heirafter, and heirby discharges all judges, commissiors or others powers or persones whatsumever authorized, or heirafter to be authorized in the said maters, of all valueing, stenting, imposeing or casting of any proportion of the saids burdings or impositions upon the saids works or persons and all collectors, officers and souldiers of all exacting, quartering, distressing or otherwayes molesting them for the same and of their said office, in so far provyded alwayes these presents shall not be construed nor interpreted to exempt the said Sir James Hope, his airs or successors from payment of such proportion of excise for the ale and beir brewed in his house, as shall be payed by other heritors for the ale and beir brewed in thair houses, conforme to the constant rent of land or teinds in the respective shyres wher the saids mynes or works doe lye, sua that he and his forsaids shall pay thair proportion of the said excise, conforme to such constant rent of lands or teinds allenerlie, as he hath or shall happin to have within the said shire in the same maner as other heritors of lands or teinds shall doe, conform to their constant rent thairof. And farder, ratifies and approves the said Sir James Hope his mending and repaireing of the hie wayes leadeing from the said mynes and work to Edinburgh and Leith as good service to the publict, and heirby statuts and ordains that it shall be lawfull and leisum to the said Sir James and his successours to cause mend and repare any whatsumever his majesties' hie wayes leading from any of the saids mynes and works, or from any other mynes or works of the lyke nature, to be prosecute by him or his successors to any heid burgh or sea port within this kingdome, or from any one heid burgh or sea port unto another by breaking doun of the heigh [ways], filling up of the hollow parts of the said wayes, calseying of the myres and lairs therin, and makeing the same passible for karts, straight plane and of competent breadth of tuelff foots at least, according as his majesties' hie wayes should be by the lawes and custome of this realme, or of further breadth as the said hie wayes have been pathed and used by his majesties' leidges in any tyme past, and discharges all his majesties' leidges from molesting and impeding of the said Sir James Hope, or his forsaids or their servants' horses and carts in the doeing therof, or in the frie and peaceable use of his majesties' said hie wayes in tyme comeing, and heirby grants the authority of parliament to the said Sir James and his forsaids to the effect forsaid. And lykwayes, his majestie and estates forsaid, takeing to consideration the great abuse done and that may be done in seduceing of the saids workmen and myners from the saids works, statute, enact and ordaine that all acts of parliament and of other judicatories made, conceaved and extendit in favors of maisters of colheughs and salt pans be now and in all tymecomeing extendit. Lykas, his majestie, with consent forsaid, does heirby extend the samen in favors of the said Sir James Hope and his forsaids, and specially but prejudice of the generality forsaid, in so far as the same may concerne the not seduceing, interteaneing or recepting from them of any of thair mynners, workmen or others imployed by them about thair saids mynes or others the lyk works, under the certification, paines and penalties contained in the saids acts which are heir holden as exprest. And further, his majestie and estates forsaids, takeing to consideration the greate abuse heirtofore committed in maner following by cariers, cadgers and others resorteing to the saids works and mynes, statute, enact and ordaine that whoever either passing by the saids works or mynes doe, at thair oune hand without warrand, list and away tak any of the saids mettalls, ore, timber or other provisions lyeing about the saids works or mynes, or at the woods wher the said timber is hewen and prepared, or being intrusted with the cariage therof from or to the saids works or mynes, shall withdraw away, put or wrongouslie dispose of any of the saids mettalls, ore, timber or other provision, or whosoever shall intromet with, buy or resset any therof from any of the saids persons without seeing a sufficient power and warrand for thair disposeing thairof, under the hand of the said Sir James or his forsaids, or of such as are intrusted by them about the saids works or mynes, shall be convinable therfor befor whatsumever judge ordinary, and sentenced and adjudged in payment to the said Sir James or his forsaids, or such as are intrusted by them, of the quadouble of the availl of the said mettall, ore, timber and other provision so intrometted with, ressait, away put or disposed by them, and be otherwayes censured in their persons as theives, vitious intromettours or recepters, according to the lawes and practick of the kingdome in such caces; and at the arbitriment of the judge and for the better discoverie of the said fraud and wrong, his majestie and estates forsaid command and require the waiters, searchers and all others intrusted in reference to his majesties' custome, excise or other publict dues, to take speciall notice of the shiping of any such mettalls or ore, and to record the quantities therof, with the names of the pretended ouners thairof and vessells in which the same are shiped, and in default of such wryting or testificat, as aforsaid, to make seasure thairof in name and for the use of the said Sir James and his forsaids, and to delyver the same to them. And further, doe heirby require all magistrats, baillies, messengers and others, office bearers whatsumever to burgh or land, to be assisting to the said Sir James and his forsaids in searching for and makeing seasure, as said is, upon any such metalls or ore within their respective jurisdictions, whom his majestie and estates forsaids heirby impowers and authorizes to that effect, and to mak publication heirof at mercat croces and other publict places neidfull that none pretend ignorance. And his majestie and estates forsaid declare and enact that this present act shall take effect and be in force in the same maner as if the same had been made and past in ane act of parliament upon the tuentie-sext of March 1647 yeers, and shall never be understood to fall or be comprehended under any generall act of revocation or recission made or to be made at any tyme heirafter, unles the same be revoked and rescindit per expressum and the said Sir James and his forsaids cited to that effect.

And lykways, his majestie, with advice and consent forsaid, ratifies and approves the charter and infeftment under the great seale granted be his majesties' dearest father, of blessed memorie, to Sir (therin master) James Hope of Waterhead, and Dam Anna Fouls, his spouse, in lyverent and to Thomas Hope, their son, and their airs and assignayes therinmentioned in fie heretablie, of all and sindrie the lands and barronie of Waterhead and Leadhill, alias Overglengonar, with the maner place, houses, bigings, orchyeards, yeards and haill pertinents thairof, lyeing within the shirreffdome of Lanerick, and of the haill mynes of mettalls and myneralls of whatsumever qualitie within the saids lands and baronie or any parte of the same, with the right and libertie of transportation of the mettalls and mineralls to forrane nations, custome frie and frie of all other dueties and impositions whatsumever, and with all the other priveledges, liberties, immunities and jurisdictions therto belonging, to be holden of his majestie and his successors in few ferme and heritage, for payment of the dewties following viz, for the saids lands of Waterheid and maner place and pertinents thairof, the sume of tuelve merks, sex shilling[s] [and] eight pennies usuall money of this realme, and doubleing of the same at the entrie of the airs in name of fewferme, and for the saids mynes, mettalls and mineralls, the tent parte therof, as the samen shall happin to be win furth of the grund, or the sume of one thousand merks money yeerly in the election of the said Sir James, his spous, thair said sonn and their forsaids, in name of fewferme for all other burden, exaction, demand or other dewtie whatsumever, in the haill heids, articles, clauses and conditions contained in the said infeftment, which is of the date at Holyrudehous, the eight day of September 1641 yeers, with the precept and sasine following thairupon. And als ratifies and approves the charters granted by his majesties' goodsir, of blessed memorie, King James [the] 6[th] to the deceast Thomas, earle of Hadingtoun, therin designed Sir Thomas Hamilton of Monkland, one thairof dated the tuenty nynth of January and the other the fourt day of Aprile 1607 yeers, with the precepts and sasines following therupon, of the mynes, sumtyme called Binnie Mynes, mettalls and mineralls of whatsumever qualitie, within the wholl lands and bounds specified in the saids charters, with the libertie, priveledges and immunities therto belonging, in the whole heids, articles and clauses thairof, together with the sasine of the samen granted to Johne, now earle of Hadingtoun, as oy and air served and retoured to the said Thomas, earle of Hadingtoun, together with the said service, retour and precept of sasine whairupon the same proceidit, in the whole heids, articles and clauses thairof, together also with the disposition of the mynes granted be the said Johne, earle of Hadingtoun to the said Sir James Hope, charters, precepts theringrossed and sasines following thairupon, in the haill heids, articles and clauses thairof. And als ratifies and approves the charter granted be his late majestie to Sir Johne Grahame of Braco, baronet, of the lands and barony of Aithray, in the haill heids and articles thairof, which is of the date at [---] the [---] day of [---] 1636 yeers, together with the precept and sasine following thairupon; together also with the sasines of the saids lands and baronie granted upon the tent day of October 1647 yeers to Sir William Grahame now of Braco, as son and air served and retoured to the said Sir Johne, together with the service, retour and precept of sasine whairupon the samen proceidit dated the nynth of October the said yeer, and disposition thairof granted be the said Sir William and James, marques of Montrose, to the said Sir James Hope, his airs and assignayes whatsumever, dated the nynteinth day of October 1659 yeers, in the haill heids, articles and clauses of the forsaids haill charters, precepts, sasines and others above ratified and will and declare this present ratification to be als effectuall as if the saids haill charters, retours, dispositions, precepts and sasines wer word be word insert and ad longum ingrossed heirin; wheranent his majestie, with advice and consent forsaid, hes dispenced and, be thir presents, dispenses for ever. And for the said Sir James Hope, his said spous, thair said sonne and thair forsaids further securitie anent the premisses, his majestie, with advice and consent forsaid, hes dissolved and, be thir presents, dissolves the aforsaid haill lands, mynes, mettalls and mineralls [and] customes thairof, and others abovespecified, from his majesties' croun and from all annexis to the samen or any parte therof, to the effect the said Sir James Hope and his forsaids may bruik the samen, to be holden of his majestie and his successors in maner forsaid, and as if this present dissolution had been made befor the passing of the saids rights, then as now and now as then, dissolves and ratifies as above. Lykas, his majestie, with advice and consent forsaid, of certane knowledge, dispenses with whatsumever generall lawes may or can in any wayes make derogation heirfrom, and specially but prejudice of the generalitie forsaid with the acts of parliament made in ano 1597 cap. 236 and [...] therof; wheranent, his majestie, with advice and consent forsaid, expresly, be thir presents, dispenses for ever.