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Found, that the benefit of mines, &c. granted by the act of Parliament 1592, is not to be restricted to freeholders, immediate vassals of the Crown, but extends to all proprietors of land within the realm, freeholders, though holding of subject superiors.
Kilkerran, p. 478.*** Lord Kames reports this case:
By a statute in Parl. 12. James VI. anno 1592, it is enacted, “That mines and metals, in so far as they are part of his Majesty's property annexed, or any other way, shall be dissolved, and to the effect the same may be set in feu; and that it shall be lawful to his Majesty and his successors to set in feu-farm to every Earl, Lord, Baron, and other freeholder within the realm, all and whatsoever mines of gold; or silver, lead, copper tin, and other whatsoever metals or minerals, which may be found within their own lands or heritages for payment to his Majesty of the tenth part of the gold or other minerals, which shall be found within his lands or heritages, free and without any deduction.” Sir Alexander Murray, proprietor of the barony or Ardnamuchan, holding of the Duke of Argyle, who holds the same of the Crown, did, upon the above act of Parliament, obtain a grant from his Majesty of all the mines within the said lands. The Duke of Argyle conceiving, that the benefit of the act did not belong to the King's vassals only, applied for and obtained a second grant from his Majesty of the mines within the said lands. And these two grants being made the foundation of mutual declarators, The Lords found, That the benefit of mines and metals granted by the statute 1592, is not to be restricted to the freeholders who are immediate vassals of the crown, but does extend and belong to all proprietors of land freeholders, though holden of subject superiors; and therefore, that the grant to Sir Alexander Murray, obtained from his late Majesty, of the mines and metals within his own lands, doth carry the right to the mines and metals within the lands of Ardnamurchan, and others holding of the Duke of Argyle.
