Immagini della pagina
PDF
ePub
[ocr errors]

account of the euynzie house made be John Falconer master therof betwixt the first of June 1m. vi e. thretie nyne and the third of Aprill 1m. vi c. fourtie ane Item ane printing book of the Mint beginning the last day of Jully 1m. vie. sixtie three and ending in Jully 1m. vi c. sixtie eight Item ane account of the counziehouse made be George Foulis master coynzier beginning the first of June 1m. vi c. and eleaven and ending the first of May 1m. vic. and therteen Item ane book anent the gold and silver of the Mint frae the first of February 1m. vic. fyfteen years to the first of Jully 1m. vi e. and sixteen years Item ane other book therof from the twentie siventh of March 1m. vic.eighteen to the first of March 1m. vic. and twentie years Item ane other book concerning the same from the twentie of March 1m. vic. and twentie two years till the twentie two of March 1m. vic. and twentie four Item ane other book concerning the same from the eight of Aprill 1m. vie. twenty four till the nynt of May 1m. vic. siventie siven Item ane other concerning the same from the first of September 1m. vic. and ten till the tenth of February 1m. vi c. and eleaven Item ane other concerning the same from August

and ending the twente day of October 1m. vie. eightie ane years. Item ane melting book beginning the twentie sixt of Aprill 1m. vic. eightie two years and ending the third day of August 1m. vi c. eightie two years Item ane account of copper preceeding the twenty sixt of December Im. vi e. sixtie three Item aecount therof from the twentie eight of the s'd December to the eighteen of Aprill y'after Item ane account of the same from thence to the therteen of August therafter Item account of copper from thence to the twentie of October therafter Item account of the same from thence till the twentie ane of December therafter Item ane account theroffrom thence to the fyfteen of March y'after Item ane acesunt therof from thence to the first of October therafter Item ane account therof from thence to the first of January y'efter Item ane account therof from thence to the fyfteen of Aprill | therafter Item account therof from thence to the first of Aprile y'efter Item ane account therof from thence to the fourteen of November therefter Item ane account therof from thence to the twentie third of Aprill therafter Item ane account therof from thence to the twentie of June therafter Item ane account therof from thence till the therteen of Septem-1m. vic. thretie four till November 1m. vic. ber therafter Item ane account therof from thence till the first of December y'efter Item ane account therof from thence till the fytteen of January therafter Item ane account therof from thence till the first of March therafter Item ane account therof from thence till the first of May therafter Item ane account from thence till the first of June y'efter Item ane account therof from thence till the first of June therafter Item account therof from thence till the first of Jully therafter Item account therof from thence till the siventeen of Jully 1m. vic. sixty eight years Item a cancelled contract betwixt sir John Falconer Baillie John Hall and George Galbreth daited last of March 1m. vi c. sevinty sevin Item ane cancelled contract betwixt the said sir John and John Couts provest of Montros and James Mures dated the twentie eight of January 1m. vi c. seavinty nyne Item ane other cancelled contract betwixt the said sir John and David Mudie daited the day of

1m. vic. siventie eight all anent copper Item ane account of depursments in building of the new mill and forging the Mint beginning the fourteenth of Jully im. vic. sevinty four Item ane book concerning the Mint begining the tent of March 1m. vi c. siventy six Item ane other book concerning the Mint beginning the tent of November 1m. vi c. sevinty six Item ane other book concerning the Mint be gining in January 1m. vic. sevinty eight Item ane other book concerning the same begining in December 1m. vie. sevinty eight Item ane other book concerning the same beginning in February 1m. vi e. siventy nyne Item ane account of copper bought from and after the first of January 1m. vic. siventie nyn ending in December therafter Item ane

thretie four Item ane other concerning the same from Jully twentie siven to December 1m. vic. and thretie four years Item the depo sitiones of Arebbald Falconer counter wairden, Alexander Maitland ane of the wairdens David Maitland deput to the lord Halton in the Mint Mr. Henry Alwin essey master, John Falconer laite wairden sir John Falconer James Farquar servitor to the lord Haltone Adam Foulis clark of the bullione Hugh Stevinston writter Mr. James Falconer eldest laufull son to the deceist John Falconer late wairden Henry Lucar smith in the Mint Patrick Ogilve servitor to sir John Falconer Thomas Murray miller in the Mint Walter Mitchell eutter in the Mint Thomas Ash only melter in the Mint Thomas Aislie one of the servants of the melting house taken befor the commissioners appointed by his majestie for examining of the state of the Mint Therafter the said sir George M'kenzie his majesties advocat and sir Patrick Home advocat for his highness interest declaired they repeated the compts compt books bands tickets recepts and other writts above mentioned and deposi tiones of the persones above named taken befor the commissioners appointed for examining of the effairs of the Mint now produced for proveing the articles of the lybell above written found relevant and admitted to ther probatione And for farder clearing of the lords as to the fors'd six hundreth pound sterling given as a bud or bryb to the said earle of Lauderdale by the s'd sir John Falconer to get his accounts allowed by the lords of the the'srie and exchequer and payment of his unjust ballance from his majestie craved that sir William Sharp of Stoniehill late cash keeper who was present at the comoning betwixt the earle and sir John and a subscryving witnes in

the ticket granted by sir John might be exa- and ryply advised The s'ds lords ffand it proven mined theranent Which desyre of his ma'ties that Charles earle of Lauderdale ane of the advocat being considered be the s'ds lords they generalls of the Mint did take up the accompts ordained sir William Sharp to be examined of the copper jurnays from the wairdens and upon the points above mentioned and alse the that they war destroyed and that ther being haill persons above named who formerly had a stop put to the coynadge of the copper in the deponed to be re-examined in presence of the year 1m. vi c. siventie nyn the allowance given s'ds lords upon the points wherupon they by the counsill for the second juruay being formerly deponed and granted warrand to exceeded that by his ordor and warrand the citt them all to that effect And accord- officers of the Mint proceeded to the coyning ingly the s'd sir William Sharp and hail of more copper then was allowed by the warpersones abovenamed who formerly, deponed rands And that he got the graitest shaire of being all law'llie sumond and the s'd sir Wil- the profits of the copper coyne and that ther liam Sharp being personally present solemnly was three thousand nyn hundreth nyntie nyn sworn and examined upon the points above stone coyned after the act of the indemnitie written deponed and declaired as his oath and and that he did not imploy the stock of twentie depositione subscryved with his hand extant in thousand marks appointed by the king for buyproces bears And alse the said Archbald ing of bullione Albeit the earl and the master Falconer and Alex'r and David Maitlands Mr. receaved payment and allowance of the a'raut Henry Alcorn sir John Falconer James Far- of the s'd stock of bullione as if it had been imquar Mr. James Falconer Henry Lucar Patrick ployed and that he was a sharer of the reOgilvie Thomas Murray Walter Mitchell and medes of the silver coyne and that the dean of Thomas Ash being all personally present so- Guilds weights ware made use of in the Mint lemnly sworn and examined ilk ane after ane for receaving of the bullione And that the other upon what they hade been formerly in-mony was troned by the fractions of the king's terrogat and deponed befor the s'ds commis. weights and that when the weights war adsioners appointed for examinatione of the state justed to the Scots pyle after the Scots standert of the Mint They adhered all of them to ther weight was intimat to the officers of the Mint former depositiones and deponed and declared the earle caused deliver up the pyle to the as ther s'ds oaths and depositiones extant in wairdens and to sett by the adjusted weights proces bears Therafter the s'd actione and and caused sett a new sett of weights adjusted to cause being againe called in presence of the the dean of Guilds weights conform to which s'ds lords and the s'ds Charles earle of Lau- they did then work till the end of January derdale Richard lord Maitland sir John Mr. 1m. vic. eightie two years And that he neglected James and Archbald Falconers defenders ther to cause essey the chisell heads sweps and scraps pro'rs abovenamed rex'ive being oft tymes and to see that the mony esseyed and coyncalled required and wrged by ane macer at the ed was of just weight and fyunes And albeit barr as use is to exhibit and produce in pre- he did know the counterwairden did not attend sence of the s'ds lords all the writts and proba- his office yet he did not chalenge him for it and tione they had for proveing the points of the neglected to hold compt and to punish the ofact above written admitted to the probatione ficers of the Mint for the neglect and malverand allowed to be proven and instructed by sationes in ther office which the earle as gethem in mainer above specified and to satisfie nerall of the Mint was impowred to doe by his the points of the s'd act as to ther pairts comissione and ffand as to the lord Maitland And lykwayes the s'd Mr. James Falconer conjunct generall with his father that be a for himselfe and as pro'r for Airchbald Falconer clame given in to sir John Falconer he requirbeing oft tymes called required and wrged to ed from sir John the master a shaire of the produce the dispositione alledged upon granted profits of the twelve shilling upon the wnces by his father to him with the s'd Archbald bullione and of the profits of the difference of Falconer his gift and to satisfie the other points the weights and of the profits of the exaltatione of the s'd act They and ilk ane of them fail- money And that albeit his majestie granted zied and sucoumed in doeing therof as was warrand to the maister of the Mint at the Tour weill known to the s'ds lords and therfor they of Londone to deliver a pyll of weight to the circumduced the terme against all of the s'ds lord Maitland as ane of the generalls of the defenders Therefter the s'ds lords haveing all Mint of Scotland to be caried to Scotland which at lenth read heard seen and considered the warand was daited in August 1m. vi c. siventie fors'd lybelled summonds and points and arti- fyve And accordingly the lord Maitland did cles therof found relevant and admitted to his receave and bring down the pyll of weights to majestes advocats probatione compts compt be made use of in the Mint of Scotland Yet books missive letters contracts bands tickets renotwithstanding it was keeped up and never cepts and others above ment' produced and intimat to the officers of the Mint to be made depositiones of the persones above named pro- wse of till February 1m. vi c. eightie years duced by his majestes advocat for proveing of And when the weights formerly made use of the severall articles of the forsaid sumonds ware reduced to the Scots pyll they being found relevant in maner above written And again changed the officers of the Mint did they being therwith and aise with the writts make use of the dean of Guilds weights conabove mentioned produced for the def'ers weill forme to which they wrought till the end of

January 1m. vi c. eightie two years and that and four pound and for the three thousand nyn the lord Maitland lykwayes neglected to see the hundreth nyntie nyn stone coyned since the other officers of the Mint doe ther dwetie and to act of indemnitie at thretie two shilling the hold courts and punish delinquents which he pound the mass and body of the copper not bewas obleidged to doe by his commissione And ing allowed amounts to the soume of ane hunthe lords ffand that sir John Falconer late dreth and two thousand three hundreth nyntie master did goe one in a coynadge of copper the eight pound eight shilling Scots mony And second copper jurnay after the quantitie allowed as to the second article anent the twelf shilling by the counsill was exceedit and that he had a upon the ounce of bullione and eight article share of the profits of the copper coynadge anent the profits arrysing to the king by the and that he did not imploy the kings stock for bullione given in to the officers of the Mint buying of bullione Albeit he got payment and yearly and not coyned The lords remitts these allowance of the half of the a'rent therof as it articles to the lord thes'r the officers of the had been imployed and that a great part of the Mint being regularly and in course lyable to mony was coyned without essey and that he compt to the lord thesaurer for the same And coyned the mony alwayes upon the remedies as to the third article anent the profit of the below the finnes of the standart plate and that stock of twentie thousand marks appointed by he had a share of the remedies And the lords the king for buying of bullion yearly ffand that ffand as to the wairdens that they went one in the generall and master of the Mint did get the coynadge of copper after the quantitie al- payment and allowance of the soame of twelve lowed by the warrands was exceedit and got a hundreth marks as the a'rent of the said shaire of the profits and particularly John twentie thousand marks yearly albeit the stock Falconer the old wairden was a shairer of the was not imployed for buying of bullion as was profits of the copper coynadge and that the appointed by the king and therfor ffand the wairdens ware alwayes shairers of the reme- laite generall and master are lyable singuli in dies and that they troned the peaces alwayes solidum viz. the earle of Lauderdale laite gewith the remedies and that when they fand the nerall from the year 1m. vi c. sixtie two that peices equall to the just weight without the re- the stock was appointed by the king as being medies they threw them back to the workmen indebite solutum and for the value of the orto sheer them doun and to bring them to the dinary anuall of the said a'rent nomine damni remedie and so alwayes troned the peices in- from the year 1m. vi c. sixtie two to the year dustriously upon the remedies And as to the 1m. vic. eightie three being twentie years first article of the lybell anent the copper coyne which extends in all to the soume of twentie the saids lords ffand that ther was siventeen fyve thousand and six hundreth pound Scots thousand stone of copper coyned the first mony And sir John Falconer faite master copper jurnay beginning the twelft day of from the tyme of his entrie to the said office June 1m. vic. sixtie ane years and ending which was the first of January 1m. vic. sethe first day of August 1m. vic. sixtie eight venty ane years And as to the fourth article and that ther was fourteen thousand ston anent the difference of the finnes of the mony coyned more that jurnay then was allowed by from the indented standart plate ffand by the the warrands and that there was twelve thou- printing books that the officers of the Mint sand four hundreth nyutie three ston of copper from February 1m. vi c. siventie four to Aucoyned the second copper jurnay beginning gust 1m. vic. eightie two have alwayes the first day of May im. vi c. siventie siven coyned below the standert some at ten denire years and ending the tent day of Feb. 1m. vic. twentie two grains some tymes at ten denir eightie years and that ther was nyn thou- twentie three grains which being all exactly sand four hundreth nyntie three stone coyned calculat at the rex'ive finnes upon the bullione the second copper jurnay mor nor was allowed coyned within that tyme amounts to the soume by the warrands wherof ther was three thou- of nyn thousand fyve hundreth thretie two sand nyn hundreth nyntie nyn stone one pound pound four pennies mony forsaid And as to coyned since the act of indemnitie and allow-the fifth article anent the mony coyned without ing twelve shilling for the pryce of every essey ffand it proven that when the chissellpound of mass and body of the copper and that heads sweeps and scraps ware melted allone ther was coyned thretie two shilling out of ther was no essey taken and fland be the meltevery pound of copper so that deducing the ing books the quantitie of the chisel! heads pryce of the mass and body of the copper ther sweeps and scraps melted and coyned from will be twentie shilling of free mony of profit the first day of September 1m. vi c, siventie upon the pound which for the fourteen thou- three to the first day of December 1m. vic. sand stone coyned more then was allowed by eightie two (the former melting books being the warrands the first copper jurnay will abstracted) extends to four hundreth sixtie nyn amount to the soume of two hundreth and stone fyfteen pound therteen ounces And fland twentie four thousand pound And ther being that ther was a hundreth and eightie two stone fyve thousand four hundreth fourtie four stone two wnces and four drops coyned since the coyned more then is allowed by the warrands act of indemnity and that the value of the the second copper jurnay befor the act of in-stone y'of is eleven hundreth eightie four demnitie at that same raite will amount to the marks six shilling eight pennies which for the soume of eighty siven thousand nyn hundreth forsaid hundreth eightie two stone two ounces VOL. XI. R

[ocr errors][ocr errors]

and four drops coyned since the act of indem- article anent the earle of Lauderdales receavnitie amounts to the soume of ane hundreth ing double payment of four thousand and nyn fourtie three thousand siven hundreth twentie hundreth pound for three years sallarie lybelled six pound mony forsaid And as to the sixtar- ffand the samen proven be the earles recept ticle anent the difference of the weights from to the lord Ballanden upon his majesties prethe Scots pyll fand it proven that the officers cept in the year 1m. vi c. sixte four and the of the Mint did make use of the dean of Gulds fourth article of sir John Falconers compt of weights in receaveing of the bullione and that bullione fitted be the commissioners of the they troned the peaces by the fractions of the thes'rie in the year 1m. vi c. siventy four and kings weights and ffand it proven that the dean therfor ffand him lyable to refound the said of Guilds weights are heavier then the Scots soume and the value of the ordinar a'rent pyle two unces and eight drop upon the stone therof nomine damni from the tyme of the last which after deductione of what was coyned payment made by sir John Falconer which was of dollars and doucat douns these not being al- at Martimass 1m. vi c. sevinty two which in lowed for bullione that the difference of the haill extends to the soume of siven thousand weights from the first day of September 1m. nyn hundreth twentie ane pounds ten shilling vic. siventie three till the first day of Septem- Scots And as to the eleventh article anent the ber 1m. vic. eightie two amounts to the band of six hundred pounds granted be sir soume of fyve thousand three hundreth eightie John Falconer to the earle to get his counts six pound mony forsaid And as to the siventh allowed The lords in regard of the retired article anent the exaltatione mony ffand it proven ticket produced the mutuall discharge betwixt by the printing books that the quantitie of bul- the earle and sir John daited the twentie eight lione payed in upon the kings accompt and of March 1m. vi c. siventie siven the currant coyned since the daite of the counsills pro- account betwixt them and the other probatione clamatione in March 1m. vi c. eightie ane adduced as to that article ffinds that the forsaid was three hundred and therteen stons six band of six hundred pounds sterling is prepounds six unces fyfteen drop which at eleven sumed to have been given for the said cause hundreth eighty four marks six shilling eight and so is the kings mony And therfor decerned pennies the stone the exaltatione being fyve per the earle to refound the same with the value of cent extends to twelve thousand three hundreth the ordinary a'rent y'of nomine dumni from the sixtie eight pound therteen shilling four pen- first of January 1m. vi c. siventy nyne to the nies And haveing ordained sir John Falconer first of January 1m. vi c. eightie three extendand Archbald Falconers to depon anent the ing in all to the soume of eight thousand nyn quantitie of the bullione and coyned mony that hundreth and twentie eight pounds Scots unles was lying by them the tyme of the exaltatione befor extracting the decrcit the earle can conand accordingly sir John Falconer and Arch- descend and instruct that the fors'd ticket was bald Falconer having deponed fland that ther granted for ane wy' cause then that condewas thretie one stone one pound therteen scended one in the lybell And as to the twelft unces four denires of bullione and current article ffand it proven that the officers of the mony lying by them the tyme of the exalta'ne Mint wrought industriously upon the remedies which at the forsaid raite of eleven hundreth of weight and ffand these remedies at a grain and eightie four marks six shilling eight pen- in the mark peice of mony coyned since the nies upon the stone extends to twelve hundreth first day of September 1m. vi c. eightie two did twentie eight pounds therteen shilling four pen-amount to six thousand six hundred pounds nies Scots mony And as to the nynt article anent the melting doun of the dollers and doucat douns ffand be the melting books from the siventh day of January 1m. vi c. seavinty three to the first day of January 1m. vi c. eightie two that ther was two hundred eightie ane stone twelve pounds fyfteen ounces ten drop of dollors and doucat douns melted doun the tyme forsaid which not being allowed as bullione at twelve shilling upon the ounce amounts to the soume of fourtie three thousand two hundreth eightie six pound mony fors'd And as to the tent

mony fors'd In respect wherof and that at nor
befor the extracting therof the s'd earle of
Lauderdale did not condescend nor instruct that
the fors'd ticket of six hundred pound sterling
was granted for ane other cause then that con-
descended and in the lybell The said lords
gave and pronounced ther decreet and sentance
in the s'd matter decerning ordaining assolzing
and declairing in maner above written and or
dains letters of horning one fyfteen dayes and
necessar to be direct heirupon &c. Ex-.
tractum, &c.
DA. DENHOLME.

[ocr errors]

350. Proceedings against SEVERAL PERSONS OF LANERKSHIRE, for Treason: 33 CHARLES II. A. D. 1681.* [Now first printed from the Records of Justiciary at Edinburgh.]

CURIA JUSTICIARIE, S. D. N. Regis tenta in Pretorio Burgi de Edinburgh decimo quarto die mensis Martii, 1681, per honorabilis viros Wilielmum Comitem de Queinsberry, Justiciarium Generalem, Ritchardum Maitland de Duddop Justiciarie Clericum, Robertum Dominum de Nairne, Dominos Jacobum Foulis de Colintoun, Davidem Balfour de Forret, Davidem Falconar de Newtoun, et Rogerum Hoge de Harcarss Commissionarios Justiciarie dictii S. D. N. Regis.

Curia legittime affirmata. THE said day anent our soveraigne lords criminall letters of treason, raised, used and excut, at the instance of sir George N‘kenzie of Rosehaugh, his majesties advocat, for his

"March 17 & 18, 1681. At Criminal Court the heritors of Clidesdale who were in the rebellion at Bothwel-bridge in 1679 being upon the pannel; It was alledged for Gavin Hamilton of Hill, son to Raploch, absent, that he could not be declared fugitive (what needs they both be declared fugitive, and a sentence of forfeiture likeways be pronounced against them? might not the last serve for both?) because having been in prison, the privy council had set him at liberty, to appear at a day not yet come. The Justiciars found, notwithstanding of that bond, that he ought to have appeared before them in this court. 2do, alledged, He was illegally summoned at his dwellinghouse of Hill; whereas forty days before that his wife and family dwelt at Stratharen. Answered by the king's advocate, that no defence could be proponed for an absent traitor. Likeas, the forty days were introduced in favours of pursuers, that if a man had stayed 40 days in a place, though it was not his residence and domicil, yet the pursuer might conveen him there, it founding competentiam fori against him; but not vice versa, that a citation should be unlawful if he were 40 days absent from his own house : "The criminal lords found no defence could be proponed for a traitor unless he were present." Some thought this bard, seeing though we cannot defend in causa, yet I may propone probabilem rationem et causam 'absentiæ,' an essonzie of sickness, or say that he is absent reipublicæ causa,' or not at all cited; now to be cited illegally at the wrong place, and not to be cited at all, are equipollent. "Quæritur, If a creditor of the rebels, whose debt is unconfirmed, may appear for an absent traitor, and produce his interest, videns rem suam agi,' so that he may lose his money; and if he will be admitted to object against the

[ocr errors]
[ocr errors]

highnes enterest againest John Wilson, wreitter in Lanerk, and heritor of Stainiepath: Mr. Thomas Pillans, in Lanerk, James Laurie,' wreitter ther, William Dick ther, John Thomson, carpenter ther, Alexander Brown ther,' Archibald Symson, ther, David Whytt smith ther, Thomas Lauchlan, merchand ther, William Ferguson, weaver ther, William Tweddale, son to Tweddale, late balyie ther, Gideon Weir, gunesmith ther, David Gibson ther, David Robieson ther, called Possie, James Bannatyne, wright ther,' James Park, weaver ther, John Semple, mason ther, David Weir ther, aire to Hugh Weir

ther, Hugh Ker, son to William Ker, in Badronald, Thomas Inglis, shoemaker in Lanerk, Robert Haddowe, younger therof, Mr. Robert Black, of Silvertounhill, John Buckle, younger, relevancy and probation? Though it be very equitable, yet it was thought it would not be permitted, his being only a civil interest. See Gayl. lib. 1. de pace pub. c. 10. who proves that in criminalibus procurator non debet ad'mitti,' but the guilty pannel himself must be personally present, seeing the judge may expiscate much from him, which cannot be done if he was allowed to appear only by a procu rator.

"For others, viz. Muirhead of Bradisholm, &c. It was alledged, that it is true, advocatus fisci non præsumitur calumniari,' yet gentlemens lives, estates, fortunes and reputations, ought not to be brought in question with out he condescend on his informer, that he might subscribe in pœna talionis,' both conform to the civil law, and the law and practice of all nations, and the act 1587; for the very pursuing leaves a stigma, though they be assoilzied 1. S. c. de generali abolitione. The advocate declared he had no informer, but the privy council and Exchequer having employed one to take up lists of all suspect persons, he, by the Council's warrant, now pursued them. "The justices found the council's warrant sufficient to liberate the advocate from condescending upon any other informer;" though this may evacuate the force of the said just act of parliament.

"Somerville of Urat was cleansed by the assize. Vide the assize pursued for it, 16th June 1681. [See the Case p. 75, of this Volume.]

"Then the advocat offering to continue the diet against the rest of the heritors, it was alledged, The diet was peremptory, and behoved either to be deserted, or else they immediately tried and put to the knowledge of an assize. "The lords found the advocate ought to insist

« IndietroContinua »