Three holograph drafts of MINT00165 (Mint 19/1/307-8)

<259r>

A Memorial concerning the Trial of the Monies in ye Pix by a Iury before ye King or Lords of ye Council and Officers of the Mint.

There are in the business of the Mint three trialls of Gold & silver directed by ye Indenture of the Mint to be made each of them in presence of the Warden Master & Comptroller by sworn Artificers & being made in their presence they are all conclusive & binding against the Master otherwise not

The first of these trialls is of Bullion upon any disagreement between the Master & Importer about the price. In such cases the Kings Assaymaster tries the Bullion in the presence of the Warden Master & Comptroller & ye Master is then bound to receive it according to such assay altho his own Assaymaster should tell him it is to his loss.

The other two trialls are of two pieces taken out of every Iourney of new coyned monies, the one triall of one {illeg}piece before deliverance of the monies, the other triall of the other piece reserved in a Pix till the time of the triall.

These two trialls are in all respects alike excepting that the one is made in the Mint by ye Kings Assaymaster & We{illeg}igher & Teller sworn at their admission to their Office the other out of the Mint by a number of Assaymasters Weighers & Tellers chosen out of the company of Goldsmiths & sworn before the Lords of the Councill upon every new occasion. For wch reason the triall is removed from the Mint to the place where the Council sits. Both these trialls (as well that wthout as that within the Mint) are to be made before the Warden Master & Comptroller & if the monies prove uncovenable the Master is punished in them both, in the first by recoining them at his own charge in the latter by making satisfaction to ye King. So that the Officers of the Mint have the same station in both trialls tho the last Triall be {illeg} much more solemn then the other.

The last Triall is {illeg}made not at the suit of the King in any of his usual Courts of Iustice but by vertue of & according {illeg}to a contract between the King & the Master set down in the said Indenture wch is made between them usually called the Indenture of the Mint & therefore like all the rest of that Indenture is to be looked upon as a part of the business of the Mint. In this contract the Master consents on his part yt the Pix shall be opened & assays be made before his Majty or such of his Council as his Majty shall appoint & his Majty consents on his part that the Assays shall be made in presence of the {illeg}Master & both parties agree that the Assays shall be made in presence of the Warden & Comptroller, the King entrusting them against the Master <259v> as well with the inspection of the triall by reason of their skill as with the custody & keys of the monies untill the Triall be made.

What Artificers and how many shall make the Assays is not said in the Indenture but the custome has been (for the solemnity and credit of the Triall) to set not to make use of the Artificers of the Mint but of others chosen out of the Goldsmiths Company to ye number of 24 & sworn in manner of a Iury. This is a Iury of enquiry not of judgment. & tTheir business is not to hear witnesses & debate & judge but only to survey the workmanship of the coyn & try or examin it by experiment according to Art in the presence of both parties & report the bare matter of fact for making up a{illeg}n accompt between them about ye coynage unto that d{illeg}ay. If upon triall the monies prove worse in weight & fineness then standard and yet within the remedy the lack the lack thereof is entred of record by the Warden & Comptroller & thereupon the Master becomes proportionally debter to the King if better then standard the King remitts of the debt to the Master if of just weight & allay the recconing is eaven and at the foot of this recconing the Master becomes proportionally debtor to the has his Acquittance & Quietus under the broad seal whereby he is quit excused & discharged to that day against his Majty & people from further examination of ye matter or molestation about it;: but if the money prove without the remedy he makes fine & ransome {illeg}at ye Kings-will.

In this Triall therefore the King & ye M{illeg}aster are the parties concerned who have referred themselves to this way of Tyall {sic} by consent & contract, so that the Master cannot be said to be under prosecution. There is no accusation charge or action against him, no reflexion upon him before the triall be made.

Much less do ye Warden & Comptroller appear at the barr of a Court of Iustice. Neither are they present as idle & insignificant spectators, but as the Kings Officers necessarily upon duty in their several stations in this Court under the Kings or Lords of the Council then present, it being their buisiness in behalf of {illeg}his Maty & {illeg}sPeople to keep the Keys of the Pix till the day of the triall & then to see that the triall be rightly made & to enter it of record & make a true accompt thereof to ye King that the same may be fully answered to his Majty.

As for the Gentlemen of the Iury whatever be their Character in other respects they are in this Triall the Kings sworn Assaymasters Weighers & Tellers acting in the room of the Kings ordinary sworn Assaymaster & Weigher & Teller of the Mint, and <260r> accordingly are bound to act by the same rules set down in the above mentioned Indenture. Whereby it is plain that the Iury are not to exclude the said Officers of the Mint from any part of the Triall nor to propose to them at any time to withdraw, but that they continue together untill the Veredict be given in, the Officers of the Mint being considered under the same character as if the whole business were transacted in their Office in the Mint.

For the business of this Iury being not a judgment made by hearing Witnesses & debating thereupon but a bare report of precise matter of fact: tis not in the power of the Officers of the Mint to influence the Iury by their presence, unless in giving them notice as they ought, where the trialls are not duly made. If the Iury be at liberty to repeat the Assays of weight & fineness till they themselves are satisfied, they can have no reason to complain,: and if they are bound to do it till the Officers of the Mint are also satisfied this makes the Trial of greater force to conclude both parties & satisfy the whole Nation then if it depended upon the oaths & skill of Iu the Iury al{illeg}one on a triall made in private. Such a private Triall would not bind the Master because not made according to his contract with the King. Nor perhaps would it be advisable for the King to let ye Mint by such private Trialls come into the hands of the Company of Goldsmiths & by being at their mercy be secretly swayd & governed by their interest. And therefore a publick solemn triall is appointed by the Indenture wch is the sole grownd of this triall & rule by {illeg}wch they are sworn to proceed in making it.

<261r>

A Memorial concerning the Trial of the Monies in the Pix by a Iury before the King or Lords of the Council and Officers of the Mint.

There are in the business of the Mint three trialls of Gold and silver all directed by the Indenture of the Mint to be made each of them in prsence {illeg}{illeg}of{illeg} the Warden Master & Worker & Comptroller by sworn Artificers, & being {illeg}made made in their presence (& by consequence to their satisfaction) they are all conclusive & binding against the Master & Worker., otherwise not. The first of these trialls is of Bullion upon any disagreement between the WeigMaster & Worker & Importer about the price. In such cases the Kings Assaymaster tries the Bullion uponin the presence of the Warden Master & Comptroller & the Master is then {illeg}bound to receive it according to such assay althô his own Assaymaster should tell him it is to his loss. The other two trialls are of two pieces taken out of every Iourney of new coyned monies, the one triall of one piece before deliverance of the monies the other triall of the other piece reserved in a Pix till the time of the triall. And tThese two trialls are in all respects alike excepting that the one is made in the Mint by the Kings Assaymaster & Weigher & Teller sworn at their admission to their Office the other out of the Mint by a number of Assaymasters Weighers & Tellers chosen out of the Company of Goldsmiths & sworn before the Lords of the Councill upon every new occasion For wch reason the Triall is removed from the Mint to the place where the Council sits. If the monies {illeg}[in the judment of the Warden & Comptroller] be uncovenable the Master & Worker is {sic} answerable & suffers either Both these trialls (arse well that wthout as that within the Mint) are to be made before the Warden Master & Comptroller, & if the monies prove uncovenable the Master is punished in th{illeg}em both trialls in the first triall by recoining them at his own charge or in the latter by making s{illeg}atisfaction to the King So yt ye Officers of ye Mint are in ye same {illeg}{illeg} station to both trialls tho ye latter triall be the more solemn.

Theis latter of there two last Trialls is made not at the suit of ye King in any of his usual Courts of Iustice not by any process at law agt ye Mr but by vertue of and according to a contract between the King & the Master & Worker set down in the Indenture of the Mint made between them usually called the Indenture of ye Mint & therefore like all the rest of yt Indenture is to be looked upon as a part of the business of the Mint. In this contract the Master consents on his part that the Pix shall be opened & assays shall be made before his Majty or such of his Councill as his Majty shall appoint, & his Majty consents on his part that the Assays shall be made in presence of the Warden Master & Comptrollerworker & both parties agree that ye Assays shall be made in presence of the Warden & Comptroller like the other trialls in the Mint the King entrusting them against the Master as well with ye inspection of ye triall by reason of their skill as wth ye custody & keys of the monies untill the Triall of thembe made. Tis agreed for the common satisfaction of both parties that the Assays be made before them both. What Artificers and how many Artificers shall make the{illeg} Assays is not said in the Indenture but the custome has been (for ye common satisfaction & greatest solemnity security of the N{illeg}b{illeg} & assurance) so set aside not to make Iust of the Artisuppose for the solemnity & credit {illeg}of ye triall) not to make use of the Artificers <261v> ficers {sic} of the Mint & sweare a Iury of Lords but of others chosen out of ye Gold Goldsmiths company to ye number of 24 wth {illeg}& sworn in manner of a jury. This is a Iury of enquiry not of judgment. & tTheir business is not to hear witnesses {illeg}& debate & judge but only & their hands & eyes to examin the monies to survey the workmanship of the coyn & examin it experimentally according to Art in ye presence of < insertion from f 262r > both parties & also of ye {illeg} < text from f 261v resumes > said Officers & report the bare matter of fact for making up an accompt between them King & the Master & workertwo said parties about the coynage unto that day. If upon triall the monies prove too feebleworse in weight or fineness then standard < insertion from f 262r > and yet wthin the remedy the lack thereof is to be entred of record by < text from f 261v resumes > the Warden & Comptroller enter it uponf recordenter if of record & thereupon the Master becomes proportionally debtor to the King if too strongbetter then standard the King remitts of the debt to the Master, if of just weight & allay the recconing is eaven & at the foot of this recconing the Master has his Acquittance & Quietus under the broad seal whereby he is quit excused & discharged to that day against thehis Majty & people from further examination of the matter or molestation about it: but if the money prove without the remedy he makes fine & ransome at the Kings will.

+ In this triall therefore † the Warden Master & Worker and Comptroller are not to be looked upon as persons standing at the barr of a court of Iustice: for there is no charge against theim, in reflexion upon theim before the triall be made. Its is to be made not by a process at Law but in pursuit of a contract. By that contract its is to be made as well in the presence of the said OfficersMaster as before the King or Lord of the Councill. They are present not by compulsion not as idle & insignificant spectators but as the Kings Officers upon duty in their severall Actions < insertion from f 262r > † In this Triall therefore the King & the Master are the parties concerned neither of wch can who have referred themselves to this way of triall by contract so that the Master cannot be {sic} be said to supposed to stand at ye barr of a court of Iustice be under prosecuteion, must less the Warden Master & Comptroller to standat at ye barr of a court of justice. For There is no charge process to barr no {sic} accusation or charge or action against theim no process at Law, no reflexion upon either theim {sic} him or the Master before the triall be made. Much less can the Warden & Comtroller be supposed to stand at ye bar of a court of Iustice. The they being entrusted wth keys The {illeg} in behalf of the King till the {illeg}very day of the triallThe {sic} Neither are they present as idle spectators & in sifgnificant spectators but as the Kings Orders necessarily upon duty in their severall stations – – – – to ye King that ye same may be fully answered to his Majty < text from f 261v resumes > † before the King or Lords of the Councill, it being their business in behalf of the King to keep the Keys of the Pix till the day of the malt & then to see that this triall be rightly made, & in particular the Warden's & Comptroller's 6 {illeg} to enter it of Record & make a true accompt thereof to the King that ye same may be fully answered to his Majesty. {illeg} And aAs for the Gentlemen of the Iury whatever be their Character in other respects, they are in this Triall the Kings sworn Assay masters Weighers & Tellers acting in the room of the Kings ordinary sworn Assaymaster & Weigher & Teller of the Mint & accordingly sworn are bound like the others to act by the same rules set down in the above mentioned Inden{illeg}ture. thereof. {sic} Whe{illeg}reby it is plain yt the Iury are not to exclude the said Officers of the Mint from any part of the Triall, nor to orderpropose to them at any time to withdraw, but tothat they continue with them together untill the Veredict < insertion from f 262r > + Report < text from f 261v resumes > by given in & to suffer if not {illeg} them to take their places (as has been the custome)the Officers of the Mint taking their places in the same order according to their Officers as if the whole business were transacted in their Office in the Mint. ‡For the Triall depending not upon the judgment of the Iury but upon experimts of weighing telling & assaying wch the Iury make wth their own hands & eyes without needing any witnesses debates or judgment to turn the ballance, & their Veredict being only a report of matter of fact in a received standing form of words,] < insertion from f 262r > ‡ {illeg}For ye whole {illeg}business of this Iury being not a judgment made upon {sic}by hearing witnesses & todebating thereupon {illeg}but a bar report of pris{illeg}e matter tis not in the power {sic} < text from f 261v resumes > tis not in the power of the Officers of the Mint to influence the Iury by their presence, unless by giving them notice as they ought where the trialls are not duly made. If the Iury be at liberty to repeat the Assays of weight & fineness <262r> till they themselves are satisfied they can have no reason to {illeg}complain {illeg}And if they are & bound to do it till the King or Lords of the Councill & Officers of the Mint are also satisfied, this makes the Triall of greater force to {illeg}conclude both parties & satisfy the whole Nation then if it depended upon the oaths & skill of the Iury alone or a triall made private. Such a private triall would not find the Master & Worker because not made according to his contract with the {illeg}King. Nor perhaps would it be advisable for the King to let the Mint by such private trialls come into the hands of the company of Goldsmiths, & by being at their mercy be secretly swayd & governed by their interest. And therefore a publick solemn triall is appointed toby the Indenture, the true meaning of wch it's the Iuries dity to understand and execute.wch is ye sole ground of this triall & the rule by wch they are sworn to make itproceed inspecting in making it.

This triall therefore is not a process of law against the Master but only a survey of the moies according to contract for making up accompts between him & the King & the Master: so that ye Master cannot be looked upon supposed under prosecution. There is no charge or accusation against him no reflexion upon him before the triall be made. Much less can ye Warden & Comptr. be supposed to stand at ye barr of a Court of Iustice Neither are they present as idle spectators

<263r>

Directions about the Tryall of ye Monies of Gold & Silver {illeg}

The reason of trying ye monies in the the Pix b{illeg}y a Iury before his Maty or Lds. of ye Councill & Officers of the Mint.

There are in the business of ye Mint fothree trialls of Gold & Silver add directed by the Indenture of ye Mint to be made by sworn Artists before the Warden Master & Comptroller by sworn Artificers & being so made they are all conclusive & binding against the Master, otherwise not. The first is of bBullion imported. If as often as {illeg}the Master & Importer cannot disagree about ye price,. In such cases the Kings Assaymaster tries ye Bulli{illeg}on before the Waster Master & Comptroller & ye they Master is bound to receive it {illeg} Bullion according to such assay {illeg} by any unobs{illeg}er accident it should be to his loss. altho his own Assaymaster should tells him it is to the loss The second triall is of monies new coyned to make the monies by They are tried by the Kings Assaymr & Weigher & Tellers before ye Warden Mr & Comptroller & The other two trialls are of two pieces taken out of every two journeys of new coyned monies by ye Warden, the one tr. of one piece before deliverance of ye monies the other afterwards triall of ye other piece reserved in a Pix till the time of the triall, {illeg} & the{illeg}se two trialls are {illeg}in all respects alike excepting the penalties upon it that ye one is made by the Kings sworn Assaymaster & Weigher & Teller sworn at their admission to their Office the other by {illeg} competent {illeg} [the 24 Goldsmiths the greater proportion of ye {illeg} & that ye penalty is greater in ye latter then to make it more authentic & satisfactory. if ye {illeg} condemned the penalty [And if ye monies prove wth only [upon the Master {illeg} ye remedy the {illeg}Master suffers in both cases in the one he bears ye charge of recoynage in the other he suffers fine & ransome at the Kings will] is greater in ye latter case then in the former. For in ye forme he only beares ye charge of recoining the money in ye latter he is liable to so fine & ransome {illeg}& the Master {illeg} And ye monies be found wthout ye remedy only no {illeg} beares ye charge of recoyning {illeg}them in the former the penalty is greater upon ye Mr in the latter case then in ye former For upon ye Mr is greater in ye latter case th in ye former case is only the charge of recoynage in the latter it is fine & ransome {illeg} And yt ye penalty upon the Mr is greater in ye one case then in ye other by a copy of nupmber of Ass{illeg}aymasters Weighers & Tellers chosen out of the company of Goldsmiths {illeg}London & in the former case sworn before ye Privy Council {illeg} try ye monies faithfully to try ye monies faithfully upon every new ocasion If in the {illeg}monies upon these trials be found wthout ye remedy upon every new occasion for wch reason the Triall is removed from the mint to the place where the Councill sits If the monies in either triall be did faulty the Master is cu{illeg}lpable & suffers in ye first of these two trialls suffers deforms suffers by ye {illeg} charge o{illeg}f even tho they be rec{illeg}oining them {illeg} ifwith the remedy in ye last {illeg}day suffers {illeg} accounting wth ye King {illeg} bearing defect if they be wthin a remedy or by fine & {sic} {illeg}& ransome at ye Kings {illeg}will. if they be wthout

The triall of ye monies in ye Pix is therefore appointed to be made before the Warden Master & Comptroller of ye Mint not as persons standing at {illeg}the barr of a court of Iustice for ithe proceeds wthout any accusation or reflection upon them before it be made & {illeg}the veredict given in against themnor is it made before then as idle & {sic} nor as idle & insignificant spectators but as Officers of his Majts Mint in ye execution of the their Officer they being appointed whose business it is to see yt ye triall be skilfully & regularly made duly made & to enter it of record & make a true accompt thereof to his Maty & the Goldsmiths are a jury of Assaymasters Weighers & Tellers acting in the place of the Assaymaster & Weigher & Teller of the Mint. For wch reason it has been the custome for the said Iury to be wthnot to seperate themselves fromnot to exclude ye said Officers of ye Mint as one body nor to separate from them but to continue with them during {illeg} ye Triall untill ye delivering of the Vere{illeg}dict to the be agreed upon & delivered to ye Lord high Chancellour of England. [of England or to the Lord Keeper or Lds Commrs of the broad seal.] & for ye said Officer to take {illeg}their places at ye trial & at dinner {illeg} wth the Iury as if the whole proceeding were in the Mint For this Triall is appointed in the Indenture of the Mint as a part of the business of the Mint & accordingly directed in the same Indenture to be made bef{illeg}ore the Warden Master & Comptroller like the other trialls of Bullion & new monies & bullion {illeg}for giving it the greaterforce & credit & against the Master & making the itVeredict the morethe more binding d{illeg}to the Master & the also the moremore satisfactory to the n{illeg}ation by the consent & approbation of persons of variosu interesits, {illeg}it being perhaps thought un{illeg}advisable to let the Mint {illeg} into ye {illeg} be regulated by the sale interest of ye company of Goldsmiths alone wthout any che <263v> For ye trial being made proceedingdepending not byupon the oaths of witnesses before the Iury& debates & judgmt of ye Iury but byupon experiments of tell weigh{illeg}ing telling & assaying wch the Officers of the Mint cannot biass Iury make wth their own hands & eyes & wch {illeg} are wth{illeg}out needing any evidence debates or judgment to turn the bBallance tis not in ye power of ye Officers of the Mint to influence ye Iury unless by where ye trialls are duly made. {illeg} & therefore they are directed to be made before them said Officers according to ye usual course of the Mint that {illeg} by giving them satisfaction they may be of the greater force. where {illeg} make against them.

<264v>

but if they sha the monies be found good & covenable after ye covenants in ye said Indenture then ye Master is quit excused & discharged against thehis Maty & people, that is not quit of any crime or debt laid to his charge justified in t{illeg}his {illeg} performance of his bargain & quit from all further examination of ye matter. {sic} or molestation about it.

This triall proceeds therefore wthout any reflexion upon the Officer Master of the Mint untill it be ended untill ye he be found

This triall is made not at ye suit of ye {illeg}King in any of his usuall court of Iustice but by vertue of a contract between the King & ye Mr & Wr set down in ye Indenture of ye Mint & therefore like all ye rest {illeg}of yt Indenture is to be looked upon as a part of ye business of the Mint. In this contract the Master on his part then consents that itassaysthe Pix shall be opened & Assays shall be made before his Majty &or such of his Councilll as his Majty shall appoint & his Majty consents in his part that the same Assays (meaning both in weight & fineness) shall be made in presence of the Warden Master & Comptroller. Tis agreed For ye common satisfaction of both parties tis agreed that the Assay be made before them both. What & how many Artificers shall make them or how many is not said in the Indenture but the custome has been for greater satisfaction to set aside ye Artificers of ye Mint & appoint swear a number of others who from their {illeg} in the manner of a Iury. {illeg} of Inquiring This is a Iury of enquiry not of judgment & their business is only to {sic} make{illeg} not to hear witnesses & debate & judge but only wth their hands & eyes to {illeg} the monies & report the matter of fact for staking & making up an accompt between the King & ye Mr according to ye contract between them. If the Mr If the monies p{illeg}rove too feeble the Master becomes debtor to ye King accordingly, if too strong the Kings remitts of ye debt to ye Master if of just weight & allay the King Master recconing is eaven to that day & ye Master quit & excused & discharged against his Majty & people [That is quit from all further examination of ye matter or molestation about it] & has his quietus under ye broad seal, but if the money prove wthout ye remedy the Master makes fine & ransome at ye Kings will. {illeg}And & the {illeg} whereby he is quit excused & discharged from his Ma against his Majty & people from any further examina{illeg}tion of ye matter or molestation about it; but if ye money prove without ye remedy the Master makes fine and ransome at ye Kings will by vertue of ye same contract

The In this trial therefore the {illeg}Warden Master & Comptroller are not to be looked upon as persons standing at anthe barr of a Court of Iustice, for there is no charge against them no reflexion upon them before the triall be made. Neither are they to be accomptedpresent as idle & insignificant spectators bit {illeg} as the Kings Officers of the Mint in the execution of their Officer before the King or those of his whose business it is in behalf of {illeg}ting, before the King of his PrivyLords of the Councellours in their several stations upon duty it being their business to see & satisfy themselves that the triall {illeg}be rightly made before ye King or those of his council appointed to be present & so the Wardens & Comptrollers to enter it of of {sic} record & make a true accompt thereof to his Majty. And the Iury are sworn the Kings Assaymasters Weighers & Tellers acting in the place of the Kings Assaymaster & Weigher & Teller of the Mint & being accordingly {illeg} therefore accordingly sworn to act according toby ye rules set down <264r> in the Indenture. Whence it ha{illeg}s been ye custome till of late for ye Iury are not to exclude the Officers of ye Mint from the triall nor to commandorder them to withdraw {illeg}but {illeg}to suffer but them to take their places after ye same manner at {illeg} the trial were(as been the custome) bot {illeg}at ye triall & at ye dinner in the same order according to their Offices as if the whole buisiness were transacted in the Mint & {illeg} to continue with them untill the veredict be given itn. For the triall depending not upon the judgment of the Iury but upon the oath experiments of weighting telling & assaying wch the jury make with their own hands & eyes & wthout needing any witnesses {illeg} debates or judgment to turn the ballance, tis not in the power of the Officers of ye Mint to t{illeg} ye be influence the Iury but where the trialls are duly made. If the Iury are at liberty to repeat ye trialls assays of weight & tale till they are satisfied & are bound to do it till the King or Lords of ye Council & Officers of ye Mint are also satisfied this makes the triall of greatergreater groce to bind all parties & sufficient to satisfy the whole nation then if it defpended upon ye oaths & skill of ye Iury alone. For [perhaps it will not be {illeg} advisable for] his Maty to suffer bthis Mint to be regulated byIncidents to come into ye hands of yecompany {illeg}of Goldsmiths & truckle under thiseir interest of ye Goldsmi Company of Goldsmiths alonemay in time prove of ill consequence & if it were advisable, [& if it were yet ye Veredict wouldwill not bind ye Master where the Officers of the Mint are triall is not made before the Officers of ye Mint & to their satisfaction according to the true intent & meaning of the contract between him & his Maty set down in tyehe Indenture of ye Mint But upon complaint ye Lord Chancellour withmay have just reason to refuse the Veredict {illeg} by {illeg} that & order for ye satisfaction of ye Mint in order the triall {sic} mayto to be repeated in due fine for ye satisfaction of ye Mintform & manners according to the true meaning of ye Indenture wch the Iury are sworn to observe.] Such {illeg}private trialls doeswould not bind the Master because not made according to his contracts with the {illeg}King, & if it did it could bind him yet perhaps it may not be safe nor perhaps would it be advisable for the King to let the Mint by such {illeg}trialls come into the hands of the Company of Goldsmiths & [trusckle money their interest]s{illeg}d & be overused by by being at their mercy be humbly swayd & governed {illeg}by their interest