[1633/6/16]*[print] [email] [cite] [preceding] [following]
In the parliament holden at Edinburgh the tuentie aucht day of June the yeir of God 1633, the thrie estates of parliament being assembled, having taken to thair consideratione the many blessings which this natione doeth injoy under his majesties most wyse, happie and peaceable government, quhairof each estait is most sensible, his majesties royall zeale for propagating the Gospell of Jesus Chryst, his cair for providing sufficient maintenance for the clergie, his extraordinarie paines taken for uniting the disjointed members of this comoun wealth and extirping of all rootes of discordes, releiving the oppressed and with soe eaven and fatherlie a hand curing the wounds of this comoun wealth as the wysest eye can find no blemish in the temper of all his royall actiounes, and last the great comfort they have by injoying his majesties royall presence, paines takin and expenses debursed by his majestie in this his majesties journey, with a most thankfull acknowledgment, ar most earnestlie and humblie to intreat his sacred majestie to accept of this thair voluntarie offer of ane taxatione to be imposed, collected and payed to his gratious majestie in maner and at the termes following, that is to say: the dukes, marquesses, earles, vicounts, lordes and commissioners of shyres for the temporall estait have grantit that thair sall be uplifted of everie pund land of old extent within this kingdome perteining to dukes, marquesses, earles, vicounts, lords, barones and frieholders and fewers of his majesties propper lands the soume of threttie schillings money at everie one of the sax severall termes following, viz: the soume of threttie schillings money at the feast and terme of Mertimes in the yeir of God 1634; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1635; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1636; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1637; the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1638; and the soume of uther threttie schillings money at the feast and terme of Mertimes in the yeir of God 1639. And the archibischops and bischops for the spirituall estait have grantit that thair sall be uplifted of all archibischopricks, bischopricks, abbacies, pryories and uther inferiour benefices within this kingdome at everie one of the sax termes abonespecifiet the just taxatioun thairof as they have beine accustomed to be taxed unto in all tyme bygane whensoevir the temporall lands of this kingdome wer stentit to threttie schillings the pound land of old extent, and the same taxatioun to be payit at everie one of the sax severall termes abonespecifiet. And the commissioners of burrowes for thair estait have granted that thair sall be uplifted of all the borrowes within this kingdome at everie one of the sax termes abonespecifiet the just taxatione thairof as they have bene accustomed to be taxit unto in all tyme bygaine whensoevir the temporall lands of this kingdome wer stentit to threttie schillings the pound land of old extent, and the said taxatioun to be payit at everie one of the sax severall termes abone writtine. And in regaird that his majestie haith erected sundrie prelacies in temporall lordschipes, quhairby the owners thairof may clame to be taxed with the barounes of the temporall estait, and thairby his majestie will be defraudit of a great pairt of the said taxatioun, thairfor the saids estates ordaines that all erectiounes of prelacies and uther small benefices in whole or in pairt in temporall lordschipes sall in payment of the said taxatione pay to the collectors thairof soe much of the same taxatione pro rata as if they wer nowayes erected, and as they wer subject to doe befor the erectione of the same. And siclyk it is statuit and ordanit that all dissolved benifices within this kingdome in whole or in pairt sall be subject in payment of soe much of the same taxatione pro rata as they would have beine subject to pay though the same had not bene dissolved, and that thos pairties quha have gottin any pairt or portione of any prelacies or uther inferiour benefices dissolved and new securities maid wnto thame by his majestie of that pairt and portione thairof soe dissolved sall be subject in payment of the taxatione thairof to the prelate or uther beneficed persone for his releiff of the same taxatione as they would have beine soe the same had not beine dissolved, notwithstanding of any conditione contenit in the infeftments and securities maid by his majestie to thame in the contrarie thairof. And further, his majestie and the saids estaits annull and dischairge all priveledges and immunities quhatsumevir quhairby any persones may think thame selffis frie of payment of this present taxatioun (the priveledges grantit to the ordinarie lords and senators of the colledge of justice and the taxatioun of benefices given, disponed and mortified for entairteniment of the universities, colledges and hospitalls within this kingdome onlie excepted). And further, the saids estaits for a more ample testificatioun of thair exceiding great affectioun to his majesties service have (besyde and attour the ordinarie taxatioun abonewrittine) maid a frie and willing offer to his majestie of ane yeirlie extraordinarie taxatioun of the saxteinth pennie of all anuel rents which any persone or persones within this kingdome haith frielie dew and payable to thame yeirlie or termlie (thair awin anuelrents quhairin they ar adebted to uthers being first deduced), the first termes payment quhairof sall be and begine at the feast and terme of Mertimes in the yeir of God ane thousand sex hundreth threttie four yeirs and soe furth yeirlie and termlie at Whitsunday and Mertimes for the space of sax yeires whill the saids sax yeirs and tuellf tearmes payment thairof be full and compleitlie outrune. And for the better tryall of everie man his anuelrents which he hath yeirlie or termlie dew to him, it is ordanit that this act sall be published at the mercatt croce of Edinburgh and of the whole head borrowes of the schirefdomes, stewartries, baliaries and regalities within this kingdome, whairby all his majesties liedges may have trew notice thairof. And thairwithall the saids estaits wills, comands and ordaines all his majesties subjects that have any anuelrents payable to thame that they compeir within the head burgh of the schirefdome, stewartrie, bailliarie or regalitie or the head burgh of any of thos jurisdictiones quhairin the head courts ar holden, and quhair the saids anuelrenters dwell and have thair ordinarie residence, in any court day in one of the two last weikes immediately preceiding and in one of the two first weikes immediately following Whitsunday and Mertimes, at quhich tyme the schireffis, stewarts, baillies and baillies of regalities and proveist and baillies of frie borrowes within the bounds of thair jurisdictiones sall be obliged to hold courts weiklie to the effect eftirspecifiet. And the lieges resorting to the saids courts sall give up ane inventar to the clerk thairof of the whole soumes of money for quhich anuelrent is dew to thame yeirlie or termlie, with the names of thair debtors designed by name and surname and the ordinarie place of thair residence, as also the whole soumes of money for quhich they ar subject in payment of anuelrents to uthers, with the names of thair creditors to quhome the same is dew, designed lykwayes by name and surname, and the place of thair ordinarie residence, quhither the same anuelrent be in victuall or in silver; the anuall of victuall to be esteimed according to the stock of money for quhich it is payit at aucht for ilk hundreth thairof; and sall caus the pairties upgivers of the saids inventars everie pairtie subscryve his awin inventar himselff, if he can wrytte, and if he can not wrytte, the clerk of the said court sall subscrive the said inventar in face of the court before the members thairof; and also the scheriffs, stewarts, baillies, baillies of regalities, proveist and baillies of frie borrowes within the bounds of thair jurisdictiones, and the clerkis thamselffes, sall mak and give up ane inventar of the debts owing to thameselffes and by thameselffes as said is. It is alwayes provydit that if any persone impedit by reassone of seiknes or distracted by some uther just occasione sall not be present himself to give up the said inventar, it sall be lawfull for him to caus any honest responsall man within the jurisdictione quhair he duells compeir and give up his inventar, provyding the same be subscrived by himselff or any notar at his comand, which the ingiver sall declair to be ane trew deid and sall abide at the same upon the lyke hazard and dainger as the principall pairtie sould wnderly, which salbe als sufficient as if the inventar had beine givin personallie up by the principall pairtie himselff. And ane inventar being once maid and givin up sall still stand and be a ground to chairge any persone during the tyme of the sax yeirs of the said taxatione wnles the pairtie chainge or utherwayes imploy his soumes, and then he sall give up a new inventar, which sall be a new ground of a chairge and the former sall cease. And the said clerk sall mak a record in his register of the said whole inventars, which inventars being soe recordit sall be extracted by the said clerk and subscrived with his hand and thrie extracts maid of the same, one to be givin to the pairtie if he require the same, another to be sent by the said clerk to the collector of the same taxatione and the thride to be sent by the said clerk to the clerk of his majesties register to be keipit amongst the recordes of his majesties exchecker to the intent it may be knowin how far everie pairtie is lyable in payment of the said extraordinarie taxatioun, for the quhich extract and note maid in register, the said clerk sall have of everie persone upgiver of ane inventar the soume of four schillings money; and if by slouth or malice the clerk sall happin to delay or shift the lieges resorting to the saids courts to the effect forsaid (complaint being maid thairof to the lords of his majesties previe counsall), the said clerk sall be punisched accordinglie at the discretione of the saids lordes; and at any court day in any of the saids tuo weikes preceiding or immediatlie following any terme, it sall be leasome to any persone to compeir and offer to give up his inventar (he making payment of the taxatione dew for the same), which the clerk and judge sall be astricted to receave; and albeit it be declarit that ane inventar once givin up sall still stand and be a ground to chairge any persone during the whole termes of the said taxatioun, except the same be chainged in maner forsaid, yet becaus sindrie quha have this libertie delay to mak payment of the taxatioun of thair moneyis eftir the tyme be expyred, thairfor it is provydit and declarit that if they failyie to mak payment of the dew taxatioun of thair moneyis within tuentie dayes eftir each terme, that the pairtie soe failyeing sall be subject in payment of the triple of the said taxatioun for each terme quhairin he failyeis, and letters sall be direct against thame for payment thairof in forme as effeirs. Further, for the better observatione of this act, it is declarit that quhasoevir receaves, reteines or conditiones to receave any anuelrent and concealeth the same or any pairt thairof, or in giving up his inventar of debts and annuells owing by him to his just creditors giveth up more than he is justlie adebted, the upgiver thairof sall forfeit that termes annuell to his majesties use, and quhasoevir first disscovers or revealles ather the annuall concealled or annuall quhich is more than the upgivers just debt sall for his rewaird have the half of that termes concealed annuall and als much as the half of that annuell quhich sall be discovered to have beine wnjustlie gevin up. And incaice it sall happin any persone or persones quhatsumevir by vertew of his upgivin inventar to be chairgit for payment of his taxatione and at the tyme of his chairge to declair in presence of a judge by his great oath solemnlie sworne that his debtor is a bankrupt, quhairby he is disabled to mak payment of his taxatioun and is content the king's majestie sall have the whole annuelrent adebted to him by his bankrupt debtor for that terme, the said declaratione sall be a sufficient liberatione to him of the same. And for ishewing of malicious dilators of those quha have omitted or concealed thair soumes, it is ordanit that quhensoevir any persone sall accuise or dilate another of concealing or omitting of soumes the tyme of making his inventar, he sall condiscend upon some probable caus of his dilatione and sall find cautione de judicato solvi incaice he failyie in proving that quhich he dilates; and thair sall no such actiones of dilationes be lawful againes dead persones, thair airs nor executors except quhat the same haith beine intentit befor the saids persones thair decease, nather sall it be lawfull eftir yeir and day eftir the expyring of the said taxatioun to intend any such actione. And if any persone purchase wedsett of lands and sett the same back againe in take to him quha wedsett the same, the takismen possessors of the lands sall pay for the stent of the lands and the haver of the wedsett sall pay for the anuelrent of his money which he haith one the land as if the same wer imployed for annuelrent. Attoure, it sall not be lawfull by no maner of way to any creditor to gett releiff of his debtor for this taxatioun quhich is imposed upon annuelrents by this statuit wnder the paines contenit in the acts of parliament maid anent usurers. And concerning minors it is declarit that thair minoritie sall nowayes priveledge thame but thair tuitors and curators sall give up thair inventars of thair anuelrents in thair names, which if the saids tutors and curators failyie to doe the saids minors sall incurre the lyke dainger as uthers, and at thair perfyte aige sall have actione of releiff againes the saids tutors and curators for that caus. And incaice any persone depairt out of this kingdome eftir the publicatione of this present act, the same sall nowayes excuise him from giving up ane inventar of his annuelrents and payment of the said taxatione and wnderlying of the dainger contenit in this present act, but they quha ar presentlie furth of this kingdome and sall not returne befor the terme of whitsunday in the yeir of God ane thousand sax hundreth threttie fyve, they sall not come wnder the dainger of this act wntill the terme of Mertimes thaireftir, providing that at that terme they give up thair inventars and pay thair taxatioun as if they had beine present within the kingdome befor the forsaid terme of Mertimes. And for uplifting of the same taxatioun grantit upon annuelrents and to the intent his majesties generall collector thairof may know quhome to crave and chairge for the same, it is statuit and ordanit that within everie schirefdome, stewartrie, bailliarie and regalitie quhair the offices of schireffis, stewartis, baillies are heretable, and the proveist and baillies of frie borrowes, these heretable officers and thair deputtes for quhome they sall be holden to answere, and proveist and baillies of frie burrowes, sall collect the said taxatione and mak payment thairof to his majesties collector generall of his saids taxationes; and quhair thes offices of schireffis, stewartis and baillies are not heretable bot chaingeable, the clerks within the saids jurisdictiones having thair offices ad vitam sall be collectors thairof; and incaice the saids clerks have not alreadie fund sufficient cautione for dischairging of thair offices, they sall be holden befor they have any intromissioun with the same taxatione or exercise thair office of schireff clerk eftir the forsaid terme of Mertimes in the yeir of God ane thousand sax hundreth threttie four yeires to find sufficient cautione for that effect; and quhair thair ar no heretable officers nor clerks having thair offices ad vitam and have not fund cautione in maner abonewrittine, the said collector generall of his majesties taxatioun and his deputtes in his name sufficientlie authorized by him and for quhome he sall be holden to answere, and whose name he sall caus publisch at the mercatt croce of the head burgh of that jurisdictione quhair thair is no heretable officers nor clerkes ad vitam, that his majesties lieges may know to quhome they sall mak payment, sall collect and uplift the same taxatione, which payment being maid, the receaver thairof sall be obleissed to deliver to the payer thairof ane acquittance upon the ressait of the same gratis, without payment of any money for the same. It is lykwayes provydit that the fies of the collectors and receavers of the same taxatioun of annuelrents sall be lykas, heirby they ar remitted to the discretioun and arbitrement of the lordes of his majesties previe counsall to be sett downe and aggried upon by thame. And the said estates heirby decernes and declares that all burgess and friemen within burgh albeit they be taxed in the ordinarie taxatioun abonewrittine with thair nichboures conforme to the order prescrived for collecting of the borrowes pairt of the said ordinarie taxatione, yett the same sall nowayes liberat nor frie thame frome payment of thair pairts of the said extraordinarie taxatioun according to the proportione of the saxteinth pennie of thair annuelrents, bot sall be lyable in payment thairof as others his majesties lieges ar. Attoure, the saids estaits annulls and dischairges all priveledges and immunities quhatsumevir quhairby any persone may think thameselffes frie of payment of any pairt of this present extraordinarie taxatioun, the priveledges and immunities grantit to the ordinarie lordes of sessioun with the annualrents dew to be payit to colledges, schooles and hospitalls or mortified for sustentatione and upholding of kirks and bridges with the annuelrent that micht be clamed of poore people whose stock exceids not the soume of fyve hundreth markes scottes onlie excepted.
[1633/6/17]*[print] [email] [cite] [preceding] [following]
In the parliament holden at Edinburgh wpon the tuentie aucht day of June, the yeir of God 1633, the thrie estaites of the said parliament being assembled, having taken to thair consideratione the many blessings which this natione doeth injoy wnder his majesties most wyse, happie and peaceable government, quhairof each estait is most sensible, his majesties royall zeale for propagating the ghospell of Jesus Chryst, his cair for provyding sufficient maintenance for the clergie, his extraordinarie paines takin for uniting the disjointed members of this comoun wealth and extirping of all rootes of discordes, releiving the oppressed and with soe eaven and fatherlie a hand curing the wounds of this comoun wealth, as the wysest ey can find no blemisch in the temper of all his royall actiones, and last the great comfort they have had by enjoying his majesties royall presence, paines taken and expensis debursed by his majestie in this his majesties journey, with a most thankfull acknowledgment, ar most earnestlie and humblie to intreat his sacred majestie to accept of this thair voluntarie offer of ane taxatioun ordinarie to be imposed, collected and payed to his gratious majestie in maner and at the termes following, that is to say: the soume of threttie schillings money at the feast and terme of Mertimes in the yeir of God 1634; the soume of uther threttie schillings at the feast and terme of Mertimes 1635; the soume of uther threttie schillings at the feast and terme of Mertimes 1636; the soume of uther threttie schillings money at the feast and terme of Mertimes 1637; the soume of uther threttie schillings money at the feast and terme of Mertimes 1638; the soume of uther threttie schillings money at the feast and terme of Mertimes 1639. And for the spirituall men and burrowes pairts of the same taxatione, that thair sall be uplifted of everie archibischoprick, bischoprick, abbacie, pryorie and uther inferiour benefice and of everie frie burgh within this kingdome at everie one of the saids sax termes payment the just taxatione thairof, and as they have beine accustomed to be taxt wnto in all tyme bygane quhensoevir the temporall lands within this kingdome wer stented to threttie schilling money the pund land of old extent, and the same taxatioun to be payit at everie one of the sax severall termes abonewrittin. And for inbringing of the spirituall mens pairts of the same taxatione, ordaines letters to be direct chairging all and sundrie archibischops, bischopes, abbotes, pryores, as lykwayes all noblemen and uthers in whose favoures the erectione of any prelacie or other inferiour benefice or any pairt or portione thairof, be it in lands, kirks or teinds, or in whose favours the patronage of any benefice, kirks or teinds ar past, and all uther beneficed persones contenit in the taxt rolles, thair heretable baillies, chamberlanes, factors and intromettors with thair rents and livings, personallie or at thair duelling places, and by open proclamatione at the mercat crosses of the head burrowes of the schirefdomes, stewartries and bailliaries quhair the saids prelacies, erected lordschipes and small benefices ly, if they be within this kingdome, and if they be without this kingdome by open proclamation at the mercat croce of Edinburgh, peir and schoare of Leith upon thriescoir dayes wairning, to mak payment of that soume that they and ilk ane of thame ar taxt wnto for everie one of the saids sax termes to the collector generall of the said taxatione appointed or to be appointed by his majestie or his deputtes and officers in his name having his power and commissioun to receave the same at the particular termes abonewrittin, wnder the paine of rebellione and putting of thame to the horne; and if they failyie thairin, at the by passing of everie one of the saids termes, to denunce the dissobeyers rebells and putt thame to the horne and to escheat etc. And that the prelates and beneficed persones and such noblemen and uthers in whose favours the erectiones and patronages abonewrittin ar past, for thair releife have letters chairging their vassells, subvassells, ladies of terce, conjunctfiars and lyfrenters, fewers, takismen and pensioners to make payment of thair pairt of the said taxatioun, ilkane of thame pro rata, according to the sowme they sall be taxt wnto, to the saids prelates and uther beneficed persones and to the saids noblemen and uthers having power to receave the same within tuentie dayes nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce etc. and escheat etc. and to poind and distreinyie thairfor as they sall think most expedient, provyding alwayes that the first termes payment of the said taxatioun be ever past befoir the nixt termes payment be chairged for. And the estates declare that the productione of sufficient hornings against the saids vassells, fewers, takismen and pensioners sall be a releiff to the saids prelates, lords of erectione and beneficed persones and sall exoner thame pro tanto frome payment of the said taxatioun, providing that the same hornings with thair taxt rolles authenticklie maid and subscryved by the saids prelates, lords of erectiones and uthers beneficed persones and by thair fewers, vassalles, takismen and pensioners in maner heireftir prescryved, containing the particular sowme which each one of thame is taxt wnto, be delivered to the collector of the same taxatione within the space of thriescoir dayes eftir everie terme, otherwayes he sall be no wayes obliged to receave the same, nather sall the prelate, lord of erectione nor beneficed persone be exonerit by productioun of the same at any tyme thaireftir. And farther, that the saids prelates and such noblemen and others in whose favours the erectiones and patronages abonewrittin ar past and all other beneficed persones may have thair releiff of thair vassells, subvassells, ladies of terce, conjunctfiars, lyfrentars, fewars, takismen and pensioners, to the greater ease and less trouble to thair saids vassells and uthers forsaids, and to the effect that everie one proportionallie may pay his pairt of the said taxatione according to the quantitie and availl of the frie rent which he haith of his benefice, landes, pensiones, kirkes and teind scheaves pertening to him, alsweill prelate, lord of erectione, patrone and other beneficed persones thameselffes as the fewer, takisman and pensioner, it is thought expedient, statuit and ordanit that the saids prelates and uthers abone rehearsit everie one of thame severallie, sall conveine his whole fewers, vassells, takismen and pensioners at the particular places heireftir designit, they ar to say: the Archbischope of Sanctandrois at the citie of Sanctandrois, the Archbischop of Glasgow at the citie of Glasgow, the Bischope of Orknay at the towne of Kirkwall, the Bischope of Caitnes at the towne of Durnoch, the Bischope of Rosse at the towne of Chanorie of Rosse, the Bischope of Murray at the towne of Elgin, the Bischope of Abirdeine at the burgh of Abirdeine, the Bischope of Brechin at the burgh of Brechin, the Bischope of Dunkeld at the towne of Dunkeld, the Bischope of Dumblane at the towne of Dumblane, the Bischope of Galloway at the towne of Wigton, the Bischope of Argyle at the towne of Inerara, the Bischope of the Ylles at the burgh of Rothesay in Bute, the abbot of Icolmkill at the burgh of Invernes, the pryor of Ardchattan at the burgh of Inuerara, the abbot of Ferne at the burgh of Tayne, the Lord of Bewlie at the burgh of Invernes, the Lord of Kinloss at the burgh of Forres, the pryor of Pluscarden at the burgh of Elgin, the Lord of Diere at the towne of Piterhead, the pryor of Fyvie at the towne of Turreff, the pryor of Monymusk at the towne of Monymusk, the Lord of Arbroth at the towne of Arbroth, the Lord of Scone at the burgh of Perth, the Lord of Cowper at the towne of Cowper in Angus, the pryor of Restenneth at the burgh of Forfar, the collector of the same taxatione in place of the pryor of Charterhous, the seat now vacand, at the burgh of Perth, the pryor of Elcho at the same burgh of Perth, the pryor of Straphillane at the kirk of Comrie, the Lord of Inchechaffray at the burgh of Perth, the pryor of Inchmahomo at the burgh of Sterling, the pryor of Sanctandrois at the citie of Sanctandrois, the baillie of the regalitie of Dumfermling at the burgh of Dumfermling, the Lord of Balmerinoch at the burgh of Cowper in Fyffe, the Lord of Lundores at the burgh of Cowper in Fyffe, the maisters of Sanct Leonards Colledge in Sanct Androes for the pryorie of Portmocke at the burgh of Cowper in Fyffe, the pryor of Pettenweyme at the burgh of Pettenweyme, the Lord of Sanct Colmbe at the burgh of Inverkeithing, the Lord of Culros at the towne of Culros, the abbot of Cambuskenneth at the burgh of Stirling, the Lord of Torphichen at the burgh of Linlithgow, the pryor of Manwell at the burgh of Linlithgow, the Lord Halyrudhous at the burgh of Edinburgh, the Lord Newbottle at the burgh of Edinburgh, the pryoreses of Hadingtoun at the burgh of Hadingtoun, the lord of the temporall lands of the pryorie of Northberwicke at the burgh of Northberwicke, the patrone and persone of the kirk of Kilconchare, dissolved frome the pryorie of Northberwick, at the towne of Elie, the patron and persone of the kirk of Largo, dissolved frome Northberwicke, at the towne of Largo, the patrone and persone of the kirk of Mayboill, dissolved frome Northberwicke, at the towne of Mayboill, the patrone and persone of the kirk of Logie, dissolved from Northberwicke, at the burgh of Sterling, the Lord of Kelso at the towne of Kelso, the Lord of Coldinghame at the towne of Eymouth, the Lord of Dryburgh at the towne of Dryburgh, the pryor of Eccles at the towne of Dunce, the pryor of Coldstreame at the burgh of Dunce, the Lord of Jedburgh at the towne of Jedburgh, the Lord of Melrosse at the towne of Melrosse, the Lord of Paislay at the towne of Paislay, the Lord of Blantyre at the burgh of Glasgow, the Lord and baillie of the temporall lands of Kilwining, dissolved frome the abbacie of Kilwining, at the burgh of Irwing, the abbot of Corsraguell at the towne of Mayboill, the pryor of Whithorne at the burgh of Whithorne, the abbot of Saulsette at the burgh of Whithorne, the pryor of Sanct Marie Ile at the burgh of Kirkcudbricht, the Lord of Dundrennane at the burgh of Kirkcudbricht, the Lord of Glenluce at the burgh of Wigtoun, the abbot of Tungland at the burgh of Wigtoun, the abbot of Newabbay at the burgh of Dumfreis, the abbot of Holiewood at the burgh of Dumfreis, the pryor of Cannabie at the burgh of Annand, the baron and baillie of the barronie of Broughtoun, dissolved frome the lordschip of Halyrudhous, at the burgh of Edinburgh, the heretors of the hundreth pund land of the baronie of Monkland, dissolved frome the lordschip of Newbottle, at the citie of Glasgow, the minister of Felfoord at the burgh of Air, the minister of Scotlandwell at the burgh of Sanct Androis, the minister of the crosse kirk of Peibles at the burgh of Peibles, the patron and person of the kirk of Dundie, dissolved frome the abbacie of Lundores, at the burgh of Dundie, and all other small beneficed persones at the paroche kirks of thair particular benefices; and that they convein to the effect abonewrittin upon the thretteine day of August in the yeir of God jM vjC threttie four yeires, which is declared to be the precise day appointed for all thair vassells, fewers, takismen and pensioners to keip the said meitting, and that no further citatione nor summoning sall be requisite than this proclamatioun and publicatione of this present act at the mercat croces of the head burrowes of this kingdome. And heirwith it is resolved by his majestie and the saids estates that if any vassells, subvassells, fewers, takismen of teinds, pensioners or any other justlie bound to mak releif to prelate, lord of erectione, patrone or other beneficed persone of any pairt of the said taxatione sall send any procurator in his name, sufficientlie authorized, to the said meitting, the same sall not onlie excuise the principall pairties absence, but the procurators sall be admitted in all things and receaved to doe and performe in the distributione of the said taxatione quhat could, or lawfullie micht, have bene done by him who sent him; is lykwayes declared that the prelate, lord of erectione, patron or other beneficed persone impedit by disease or distracted upon some other necessarie occasione frome attending that meitting, having his absence supplied that day by a sufficient worthie persone whome he sall authorize and appoint to that effect, sall be als lawfull as if he wer personallie present himselff, and the pairtie soe authorized sall be admitted and receaved in all thinges to doe and performe in the distributione of the same taxatione quhat could, or lawfullie micht, have bene done by him who sent him. It is further statuit and ordanit that at the said day of meitting the saids prelates, lords of erectiones, patrones and other beneficed persones sall by thameselffes or by thair procurators lawfullie authorized as saidis fence and hold a court call by name and surname upon everie one of thair vassells, subvassells, fewers, takismen of teinds, pensioners and others obleissed to releive thame of any pairt of the same taxatione, and lawfull tyme of day, being biddin to schew to thair saids vassells, fewers, takismen and pensioners or thair procurators compeiring for thame the quantitie of the taxatione imposed upon thair prelacie, erected lordschip or other benefice authenticklie subscrived by the clerk of the same taxatione, and they all (at the least soe many of thame as sall conveine for this effect with one consent) sall destribute the same to be payit by everie man, als weill by the prelate, lord of erectione and present possessor of small benefice for the frie rent that everie one of thame haith of thair prelacies, erected lordeschipes and small benefices, as by the vassall, fewer, takisman and pensioner according to the great and small quantitie of the frie rent quhich everie one of thame hath ather of thair lands, teinds or pensiones; with certificatioun to any of the saids persones, fewers, vasselles, takismen and pensioners that compeir not by thameselffes or thair procurators at the day and place aboneaspecifiet to the effect forsaid, that such as sall conveine with the saids prelates, lordes of erectiones, patrones or uther beneficed persones or thair procurators sall proceid in the equall distributione of the same taxation alsweill amongst thame that ar absent as present and sall mak and subscryve ane autentick taxt roll thairupon. And incaice that none of the saids vassells, fewers, takismen and pensioners sall conveine at the day and places abonespecifiet to this effect by thamselffes or thair procurators, bot sall wilfullie absent themselffes frome the said meitting, it sall be lawfull for the saids prelates, lords of erectiones, patrones and uther beneficed persones being present by thamselffes or thair procurators at the day and places abonespecifiet to mak, sett downe and subscryve the same taxt roll; and incaice any of the saids prelates, lordes of erectiones, patrones or uther beneficed persones sall not conveine by themselffes or thair procurators at the day and places abonespecifiet particularlie designit to everie one of thame, it sall be lawfull for the saids vassells, fewers, takismen and pensioners (at the least soe many of thame as sall conveine by thamselffes or thair procurators) to mak, sett downe and subscryve the said taxt roll, which taxt roll sall conteine the particular soume that everie sall be fund justlie to be adebted to pay, the pairties name adebted to pay the same, and the caus quhairfoir the same aucht to be payit; and being soe sett downe ather by the prelates, lords of erectione, patrone and uther beneficed persone or thair lawfull procurators with soe many of thair vassells, subvassells, fewers, takismen of teinds, pensioners and uthers obleissed to releive thame of any pairt of the same taxatioun as sall convein with thame to this effect, and incaice that none sall conveine with thame, the said roll being then sett downe by the prelate, lord of erectione, patrone or uther beneficed persone or thair lawfull procurators, or incaice of thair absence being sett downe, maid and subscrived by the most pairt of the saids vassells, fewers, takismen and pensioners by thamselffes or thair procurators as sall conveine thamselffes for this effect, his majestie and the saids estates decerne to be als lawfull in all respects as if the whole number of persones having interest thairin had conveined, maid, sett downe and subscrived the same; which taxt roll being soe sett downe, maid and subscrived in maner abonewrittine (and no utherwayes) and delivered to the clerk of the taxatioun, his majestie and the saids estates ordaine him to give warrand for giving of letters of releiff thairupon, dischairging him in any caice to give warrand for giving of letters of releiff upon any roll presented wnto him not maid and autenticklie subscrived in forme abonewrittin as he will answere to the contrarie upon his perrell. It is lykwayes statuit and ordanit that takismen of teinds sall have thair releiff of their subtakismen pro tanto, respect being had to the gersome payit by the said subtakisman. And for inbringing of the barrones and frieholders pairt of the same taxatione and of the fewers and rentallers of oure soverane lords propper lands thair pairts thairof, ordaines letters to be direct chairging all and sindrie schireffis, stewarts, baillies, thair deputtes and clerks, fewers, chamberlanes and receavers of oure soverane lords propper lands that they, and everie one of thame within the bounds of thair propper offices, raise and uplift the soume of threttie schillings money of this realme of everie pund land of old extent lying within the bounds of thair jurisdictiones for everie one of the sax termes abonespecifiet, and inbring and deliver the same to the collector forsaid or to his deputtes and officers in his name having his power to receave the same at the particular termes abonespecifiet, wnder the pane of rebellion etc.; and if they failyie, at the bypassing of everie one of the saids termes, to denunce and escheat etc. And for thair releiff that letters be direct chairging all and sundrie dukes, earles, lords, barones, frieholders, fewers and rentellers of oure soverane lords propper lands personallie or at thair duelling places and by open proclamatione at the mercat croce of the head burgh of the schirefdome, stewartrie, bailliarie quhair thair lands ly, if they be within the kingdome, and if they be without the kingdome by open proclamatione at the mercat croce of Edinburgh peir and schoare of Leith upon thriescoir days wairning, to mak payment to the saids schireffs, stewarts and baillies, thair deputtes and clerks, chamberlanes and receavers of oure soverane lords propper lands, everie one of thame for thair awin pairts respective, of the said soume of threttie schillings money forsaid for everie pund land of old extent perteining to thame for everie one of the saids sax termes payment within tuentie dayes nixt eftir they be chairgit thairto, wnder the paine of rebellione etc.; and if they failyie etc., to denunce and escheat etc., and if neid be that the saids schireffs, stewarts, baillies, thair deputtes and clerks, chamberlanes and receavers of oure soverane lords propper lands poind and distreinyie the reddiest goods and gear being upon the saids lands thairfor as they sall think most expedient, and that the saids earles, lords, barones and frie holders, fewers and rentallers of oure soverane lords propper lands have letters for thair releif to chairge thair vassels, subvassels, ladies of tearce, conjunctfiars and lyfrentars to mak payment of thair pairts of the said taxatioun within tuentie dayes nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce etc. and escheat etc., and if neid be that they poind and distreinyie thairfor, provyding alwayes that the first termes payment of the said taxatione be ever past befoir the nixt termes payment be chairgit for. And for inbringing of the borrowes pairt of the same taxatioun, ordaines letters to be directed chairging the proveist and baillies of ilk burgh to mak payment of the taxt and rent thairof to the collector generall forsaid, his deputies and officers in his name having his power to receave the same at the particular termes abonespecifiet, wnder the paine of rebellione etc.; and if they failyie etc. to denunce and escheat etc. And for thair releife that letters be direct chairging the proveist, baillies and counsall within each burgh to conveine and elect certane persones to rent thair nichboures; and the said electione being maid, to chairge the persones elected to accept the chairge upon thame in setting of the said stent upon the inhabitants of everie burgh, and to conveine and sett the same and mak a stent roll thairupon as effeirs within tuentie four houres nixt eftir thair chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce and escheat etc. And siclyk the said stent roll being maid and sett downe as said is, to chairge the burgesis, induellers and inhabitants within ilk burgh to mak payment of thair pairt of the said stent to the proveist and baillies conforme to the taxt roll to be givin ont thairupon within thrie dayes nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie etc. to denunce etc. and escheat etc.; and if neid be that the saids proveist and baillies poind and distreinyie thairfor as they sall think most expedient. It is alwayes provydit that no persone quhatsumevir be stented or taxt within burgh except according to the availl and quantitie of his rent, leiving, goodes and gear quhich he haith within burgh, nowayes respecting his lands nor possessiones quhich he haith to landward, for the quhich he will be obleised to pay taxatione to other officers, provyding alwayes that the first termes payment of the said taxatione be ever past befoir the nixt terme be chairged for. Attour, his majestie and his saids estaits decerne and declaire that the chairges to be givin for payment of the said taxatioun sall be executed befor the termes of payment abonespecifiet for everie termes payment particularlie be it selff, and that the denunciatione of horning following thairupon sall not be execut wntill the termes payment be bypast and tuentie dayes thaireftir, which denunciatione soe following upon the chairges givin befor the saids termes of payment his majestie and estaites decerne and declair to be valide and sufficient. And his majestie and the saids estates, considering the great abuise quhich haith beine used in all tyme bygane by sundrie of the liedges of this kingdome against all good conscience in causing of thair poore fermorars, tennents and labourers of the ground, being removeable, who ar subject in payment of verie deir fermes and other dewties, to releive thame of the whole burdein of bygane taxationes, which haith beine the occasione of impoverisching a number of the saids fermorars, labourers and tennents and bringing of thame to utter wrack and rewin, whairas of reasone they sould be altogider frie frome payment of any taxationes and the same sould be payit by such as have frie rents, lands and goodes of thair awin; for remedie quhairof, it is statuit and ordanit that no persones quhatsumevir exact or compell his tennents or fermorers removeable quha payes ferme and uther dear dewties for the lands occupyit by thame to pay any pairt of this present taxatione or to seik releife at thair hands of the same; and if the same be fund done by any persones, that they sall be callit and convenit thairfor befor his majesties justice and his deputtes or befor his majesties counsall as violent and maisterfull oppressors of his majesties subjects and punisched thairfor according to justice. And further, the saids estaites, beside the ordinarie taxatione abonewrittin, have for the space of sax yeirs nixt and immediatlie following the terme of Mertimes 1634 yeirs frielie and voluntarlie grantit to his majestie a yeirlie extraordinarie taxatioun of the saxteinth pennie of all annuelrents quhich any persone or persones within this kingdome haith frielie dew and payable wnto thame yeirlie and termlie (thair awin annuelrents quhairin they ar adebted to uthers being first deduicit), the first termes payment thairof sall be and begine at the said feast and terme of Mertimes 1634 yeires, and soe furth yeirlie and termlie at Mertimes and Whitsunday wntill the saids sax yeirs and tuelf termes payment thairof be fullie and compleitlie out run. And quhairas his majestie and estates have by act of parliament authorized all and sundrie heretable schireffs, stewarts, baillies and baillies of regalities and thair deputtes and the proveist and baillies of frie borrowes within the bounds of thair jurisdictiones, as lykwayes the clerks within the jurisdictiones quhair thes offices ar not heretable, quhich clerks have thair offices ad vitam, to collect the said extraordinarie taxatioun, and to mak payment thairof to the collector generall of the same taxatioun; thairfor, and for inbringing of the said extraordinarie taxatioun, ordaines letters to be direct chairging all and sundrie the saids heretable schireffs, stewarts, baillies, baillies of regalities and thair deputtes and clerks and the saids proveist and baillies of frie borrowes and thair clerks, as lykwayes the clerks within the jurisdictiones quhair thes offices ar not heretable, that they and everie one of thame by north the water of Dee, within the space of fyifteine dayes eftir everie terme of Mertimes and Whitsunday, and that they and everie ane of thame by south the water of Dee, within the space of ten dayes eftir everie terme of Mertimes and Whitsunday, deliver to his majesties said collector generall a trew and just accompt and inventar of the whole soumes of money dew to be payit by any persone within the bounds of thair jurisdictioun for his pairt of the said extraordinarie taxatione, and that they give up the same compt and inventar upon thair oath solemnlie sworne that the same is just and trew, and to mak payment to his majesties said collector generall, or to his deputes in his name having his power to receave the same, of the whole moneyis dew to be payit to his majestie, conforme to the said compt and inventar, within tuentie dayes eftir each terme, wnder the paine of rebellione. And incaice the saids schireffs, stewarts, baillies, baillies of regalities, thair deputtes and clerks failyie etc. to denunce and escheat etc., for whose releife that letters be direct chairging all and sindrie the saids annuelrenters to mak payment to the saids schireffes, stewarts, baillies, baillies of regalities, thair deputtes and clerks, proveist and baillies of frie borrowes of the said saxteinth pennie of all annuelrents frielie dew and payable to thame within tuentie days nixt eftir the chairge, wnder the paine of rebellione etc.; and if they failyie, to denunce etc., and, if neid be, that the saids schireffs, stewarts, baillies of regalities, clerks, proveist and baillies of frie borrowes poind and distreinyie thairfor as they sall think most expedient. And his majestie and the saids estaits ordaine the lords of sessioun to be onlie judges to all suspensiones to be craved and suted by any of oure soverane lords lieges toutching the saids taxationes, which suspensiones the saids estaits find may be grantit upon lawfull and equitable reasones to be considerit by thame, and dischairges all uther judges within this kingdome of granting of any suspensiones thairanent; with power to the saids lords to diligate fyve at the least of thair ordinarie number as they sall think expedient, to sit, cognosce and decide the saids suspensiones in tyme of vacance if neid be, and siclyk to deputt commissioners for trying and judging of concealments with als ample and full power to be givin to thame as the saids lords of sessioun by vertew of this present act have.
[1633/6/18]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse, consent and assent of the whole estaites, acknowledging his majesties soveraigne authoritie, princelie power, royall prerogative and priviledge of his crowne over all estaites, persones and causes quhatsumevir within this kingdome, ratifies and approves the act of parliament maid in the yeir 1606 anent the king's royall prerogative and perpetuallie confirmes the same for his hienes, his airs and successors, als amplie, absolutelie and frielie in all respectis as ever any of his majesties royall progenitors did possess and exercise the same; and with all remembring that in the act of parliament maid in the yeir 1609 anent the apparell of judges, magistrats and kirkmen, it was agried that quhat order soever his majesties father of blissed memorie sould prescryve for the apparell of kirkmen and sent in writte to his clerke of register sould be a sufficient warrand for inserting the same in the bookes of parliament, to have the strength of ane act thairof, have all consented that the same power sall remaine with the persone of oure soverane lord and his successors that now is, and with the same clause for executione thairof as in the said act is contained.
Followes his majesties lettre to the clerk register:
To our trustie and weilbeloved counsailour Schir Johne Hay of Barro, knicht, clerk off register. Sic suprascribitur: Charles R[ex].
Trustie and weilbeloved counsailour, we great you weill. Whairas it was declaired be ane act off our late parliament that what ordour so ever we sould be pleased to appoynt for the apparell off churchemen and sould send it in writt to our clerke register sould be a sufficient warrant for inserting the same in the buiks of parliament, to have the strenth off ane act thairof, we have now determined the same according to the warrant heirinclosed, signed both abone and underneath with our awin hand. And it is our pleasure that accordinglie yow unsert this inclosed ordour concerning thair habites in the buiks off parliament, to have the strenth off ane act thairoff in all tyme cuming, for doing whairoff these presents salbe your sufficient warrant. From our court at Whytehall, the 15 day of October 1633.
Followis the warrant inclosed in the foresaid lettre, suprascrived be his majestie and als subscryved wnder and sealed with the court signed.
Sic suprascribitur: Charles R[ex]. Followis the warrant:
The ordour appoyinted by his majestie for the apparrell off churchemen in Scotland to be insert in the buiks off parliament conforme to the act off the late parliament maid thairanent
It is our pleasure that all the lords, archbischops and bischops within that our kyngdome off Scotland sall, in all publick places, weare gownes with standing capes (such as they used at oure leite being there) and cassocks, and the inferiour clergie, especiallie after they have taiken the degree off doctours or bachelours in divinitie or be preachours in any toune, sall weare the same habite for faschioun bot for worth according to thair meanes, and no tippets unles they be doctours. And furder, our pleasoure is that the lords, archbischops and bischops sall, in all churches where they come in tyme of divine service or sermoun, be in whytes, that is in a rochett and sleeves as they weare at the tyme off our coronatioun, and especiallie whensoever they administer the holy communioun or preach; and they sall lykewayes provide thame selffis a chymer (that is a sattyn or taffetie gowne without lyning or sleeves) to be worne over thair whytes at the tyme of thair consecratioun. And we will that all archbischops and bischops aforesaid that are off our privie counsaill or off our sessioun sall come and sitt there in there whytes and mayntayne the gravitie off thair places. And for all inferiour clergymen we will that they preach in thair black gounes, bot when they reade dyvine service Christen burye or administer the sacrament off the Lords supper they sall weare there surplies, and, if they be doctours, there tippets over thame. And als weill archbischops and bischops as other ministers when they administer the holy communioun in our chappell royall or any cathedrall church within that our kyngdome sall weare capes, and not onely they, bot all inferiour preests and ministers sall at tymes and places befoir mentioned use thair squarr cappes, especiallie in all our universities. Gevin att Whytehall, the 15 off October 1633.
Et sic subscribitur: C[harles] R[ex]. Seeled with the court signett.
[1633/6/19]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates, ratifies and approves all and quhatsumevir actes and statuites maid befor anent the libertie and friedome of the trew kirk of God and religione presentlie professed within this realme, and ordaines the same to stand in thair full force and effect as if they wer speciallie mentionat and sett downe heirin.
[1633/6/20]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advyse of the estates, ratifies the act of secreit counsall daited at Edinburgh, the tent day of December, ane thousand sax hundreth and sexteine yeirs, maid anent the planting of schooles, with this additione: that the bischops in thair severall visitatiounes sall have power, with consent of the heretors and most pairt of the parischioners, and if the heretor, being lawfullie wairnit, refuisis to appear, then with consent of the most pairt of the parischioners, to sett downe and stent upon everie plough or husband land according to the worth for maintenance and establisching of the saids schooles. And if any persone sall find himselff greived, it sall be lawfull to him to have recourse to the lords of secreit counsall for redres of any prejudice he may or doeth susteine. And ordaines letters to be direct for chairging of the possessors for the tyme to answere and obey the schoolemaisters of the dewties that sall be appointed in maner forsaid.
[1633/6/21]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advyse of the estates, wnderstanding that certane persones piouslie disposed have of late bestowed certane giftes in lands, heretages and soumes of money in favours of colledges, schooles, hospitalls and uther pious uses, which by the administrators and such others as they have entrusted with the managing thairof ar inverted to uther uses than the will of the disponer, upon some specious pretences contrarie or different frome the disponers intentione, to the evill example of others and the hinderance of such and the lyke chiritable workes, against all reasone and conscience. Thairfor it is statuit and ordanit that it sall nowayes be lawfull to alter, chainge or invert any of the saids gifts, legacies and other pious donationes to any uther use than the specifick use quhairwnto they ar destinate by the disponer himselff; and that the airs, executors or uthers entrusted with the saids gifts and legacies sall be comptable for the same to the use of the kirkes, colledges and uthers to quhome the saids dispositiones wer maid; and that actiones sall be competent, ather to the saids kirkes, colledges and uthers to quhome the same wer disponit, or to the bischops and ordinaries within the diocesses quhair the saids kirks, schooles and others abonespecifiet ly, for compelling thame to apply the same to the trew use and to mak compt and payment of the ordinarie proffeitts of everie yeirs intromissioun at the rate allowed by the lawes of the realme by and attour the fulfilling of the disponers will. And this act to be extendit to all dispositiones maid at any tyme since the majoritie of King James the Saxt or to be maid heireftir in all tyme coming, and that letters of horning be direct at thair instance by deliverance of the lords of sessioun without citatione of pairties.
[1633/6/22]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advice of the estaites, ratifies and approves the act of parliament maid in the yeir of God ane thousand fyve hundreth fourscoir and sevin yeires, anent the invaders of ministers, with this explanatione and additione: that quhasoevir invaides any minister or putts any violent hands one him by thameselffis, thair men, tennents, servants or any uthers by thair hounding out, directione or allowance for quhatsoever caus or occasione, whether the same be for the caus contenit in the said act or for any uther caus otherwayes then by order of law, or doeth offer violence to thame, sall incure the lyke paine as is contenit in the said act and sall be judged eftir the forme and maner thairin prescryved; and declares that the same sall be extendit to all archbischops, bischops and ministers quhatsumever having power by lawfull warrant to preach and administer the sacraments. And becaus the malice of some is such that the invasione and violence forsaid may be comitted by lawles and wnresponsall men, the hounders out of quhome can not be gottin detected, soe as the benefeit of this act and the indemnitie of the saids churchmen and thair forsaids may be frustrat, thairfor it is statuit and ordanit that the landlords and heretors and cheiff of clannes and uthers in whose bounds the saids offenders duell or haunt ordinarlie sall be holden upon the complaint of the pairtie offendit to the lords of his majesties secreit counsall to exhibite and produice the saids malefactors befor the saids judges to be censured and punisched corporallie, or otherwayes in thair estates if they be responsall at the discretione of the saids judges. And if it sall happin the saids offenders to absent and remove thameselffes out of the bounds of the saids heretors and landlords and uthers one quhome they depend soe that the saids landlords, heretors and uthers forsaids may pretend that it is not in thair power to exhibit the forsaids delinquents, thairfoir it is statuit that if eftir the giving in of the said complaint befor the saids judges and certiorating of the saids landlords and uthers forsaids ather by citatione, chairge or intimatione, or any uther legall maner of way, if the said delinquents sall be fund within the bounds of the saids landlords and uthers forsaid, haunting publictlie and openlie by the space of ten dayes, that then and in that caice the saids landlords and others forsaid sall be estemit as connivers with the delinquents and be obleissed wnder the lyk censure and punischment to exhibit thame to the counsall.
[1633/6/23]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with the advyse and consent of the estates of parliament, ratifies and approves the act of commissioun of surranders and teinds of the dait at Halyrudhous, the tuentie saxt day of June, the yeir of God 1627 yeirs, whairof the tennor followes.
The commissioners, eftir reassoning upon the lowest proportion and provisioun quhairwith the ministrie serving the cure at each kirk sall be provydit, have fund it meit and expedient that the lowest proportione sall be aucht chalder of victuall quhair victuall is payed or proportionallie in silver or victuall as the commissioners sall appoint at the setling of the kirk and according to the estait of that pairt of the cuntrie quhair the payment of the stipend sall occurre, and think it meit that the said proportione of aucht chalder of victuall or proportionallie in silver as said is sall be the lowest maintenance to each kirk, except such particular kirkes occurre quhairin thair sall be a just, reasonable and expedient caus to goe beneath the quantitie now determined. And his majestie and estates forsaids referres to the commissioners to be chosen by his majestie at this present parliament the consideratioun of the reasones and causes quhich may move thame (eftir the valuatione of the trew worth of the teinds of ilk paroche be closed) to determine and modifie a lesse quantitie for the ministers maintenance nor the quantitie forsaid of aucht chalder of victuall or aucht hundreth merks in victuall or moneyes proportionallie, and quhat the saids commissioners sall determine thairin the same to stand notwithtanding of this present ratificatioun. And also his majestie and estates ratifies and approves the whole particular acts of the said commissioun of surranders and teinds quhairby stipends ar appointed and modifiet by the saids commissioners alreadie, and ordaines the ministers to quhome the same is assigned to have intromissioun thairwith, and that the lordes of sessioun direct letters of horning and poinding in favours of the saids ministers conforme thairto upon ane simple chairge of ten dayes allanerlie, and also upon all uther acts to be maid for plantatione of kirkes by the commissioners appointed by his majestie and estates for that effect. And it is declared that thes presents sall be without prejudice to the titulars and uthers having interest to persew for rectifeing of such valuationes as ar or sall be enormlie [under]valued†, and also without prejudice of the ministers maintenance and augmentatioun proportionallie effeiring to the trew and just worth of the teind.
[1633/6/24]*[print] [email] [cite] [preceding] [following]
Forsomuch as oure soverane lord the king's majestie, schortlie eftir the decease of his majesties umwhile dearest father King James the Saxt of ever blissed memorie, for preserving of the libertie and priveledge dew to his majestie by the comoun law and by the actes and statuites of the kingdome, and following the laudable custome used befor by his majesties predicessors in making of thair revocationes, did upon the tuelf day of October 1625 mak and give furth his generall revocatione wnder his privie seale, as the same in the selff at more lenth beares. And his majestie, being now present in his royall persone within this kingdome and having by Gods grace, favour and blessing, and with the generall acclamatione, joy and comfort of his subjects, accepted the crowne thairof quhairin he is gloriouslie inaugurate, and now holding the first parliament of his whole estates of the said kingdome, with quhome his majestie haith advysed and resolved anent the said revocatioun, thairfor his majestie, with consent of the thrie estates and whole bodie of this present parliament, haith statuite, enacted and ordanit and, by these presents, statuites, enactes and ordaines in maner following: in the first, his majestie and whole estates of parliament revokes, casses and annulls all infeftments, chairtors, precepts, confirmationes, alienationes, gifts, donationes, richts, securities and uther dispositiones quhatsumevir of any rents, lands, lordschipes, baronies, heretages, teinds, patronages of kirks, offices, priviledges and uthers quhatsumever annexed to the principalitie or to the prince quha is second persone of the realme maid, convoyed, signed or consented wnto by his majesties selff in his minoritie and less aige or by his majesties umquhyle dearest father for himselff as prince of Scotland, or as father and lawfull administrator to his majestie, or to umquhyle Prince Henrie, his majesties brother of worthie memorie, or by the said umquhyle Prince Henrie himselff, or maid and grantit by his majesties said umquhile dearest father or any uther his majesties predicessors kings of Scotland in thair tymes to quhatsumever persone or persones in hurt and prejudice of the prince second persone forsaid, or maid and grantit by his majestie at any tyme preceiding the dait heirof wnlawfullie and against the lawes of the kingdome, the same being tryed and fund to be soe. Item, his majestie, with consent of the saids estaites, revokes, casses, annulls, retreats and rescinds all and sundrie infeftments, grants, dispositiones, confirmationes and uther richts quhatsumever maid by his majestie induring his minoritie and lesse aige to quhatsumever persone or persones in fee, frank tenement or utherwayes of the lands, kirkes, teinds, patronages, offices and others perteining to the lordschip of Dumfermling, to the quhich his majestie succeedit as onlie sone and air to his majesties umquhile dearest mother, Queine Anna, quha wes heretablie infeft in the said lordschip of Dumfermling. And siclyk revokes all gifts, alienationes, dispositiones and uther richts quhatsumever maid by his majestie or his said dearest mother wnlawfullie and against the lawes of the kingdome of the said lordschip or of any lands, teinds, offices, kirkes, patronages and uthers pertening to the said lordschip at any tyme preceiding the dait heirof, the same being soe fund and verified befor the ordinarie judge. Item, his majestie and estates forsaid revokes, casses, annulles, retreats and rescinds all and sundrie infeftments, chartors, gifts, donationes, confirmationes, alienationes, pensiones and uther dispositiones quhatsumevir maid, convoyed, signed or consented wnto by his majestie or by his majesties umquhyle dearest father, or by any uther his majesties predicessors in thair severall tymes to quhatsumevir persone or persones in any maner of way in fee, fewferme, frank tenement or utherwayes quhatsumever of any lands, rents, lordschipes, barronies, patronages of kirkes, customes, annualls, fischings, liberties of fischings, burrow mailles, other rents, castle wards or other quhatsumever annexit to the crowne offices of justiciarie, stewartrie and bailliarie within the same apperteining thairto, contrarie to the acts of annexatione maid thairupon of befor, and quhair lawfull dissolutioun of the said annexatione was not maid by his majestie, his said umquhyle dearest father and his said predicessors kings of Scotland in their majoritie, with consent of the thrie estaits of parliament in thair severall tymes, for setting of the same in few ferme with augmentatione of the rentall to the effect the same may be of non availl in tyme coming eftir the dait heirof by way of actione, exceptione or reply. Item, his majestie, with consent forsaid, revokes, annulls, retreats and rescinds all infeftments, donationes, alienationes and uther dispositiones quhatsumever maid by his majestie or his said umquhile dearest father, ather in thair minoritie to thair hurt and lesione, or in thair majoritie against the lawes and actes of parliament, to quhatsumever persone or persones of quhatsumever lands, rents, annuells and revenewis not annexit to the crowne, quhairof his majesties umquhile dearest grandmother Queine Marie was in possessioun befor the coronatione of his majesties umquhile dearest father of happie memorie, and of all offices such as chamberlanries, bailliaries, office of custumarie maid for moe yeirs bot frome the exchecker till the compt be maid in the exchecker following constablries, bailliaries, takes and rentalls of his majesties propper lands and rents abone the space of fyve yeirs maid and grantit contrarie and against the lawes and acts of parliament of the kingdome, the same being soe fund and tryed. Item, his majestie, with consent of the estates, revokes, casses, annulls, retreats and rescinds all and quhatsumevir infeftments, rentalls and other richts quhatsumever, of any pairt of the annexit propertie or of the few fermes of quhatsumever propper lands annext to his majesties crowne maid to quhatsumever persone by his majestie or his umquhyle dearest father or any uther his majesties predicessors which ar maid in diminutione of the rentall and hurt of the patrimonie of the crowne quhair the diminutione may be proved and verrified. Item, his majestie revokes, casses, annulls, retreats and rescinds all and quhatsumever infeftments, alienationes and dispositiones maid by his majestie or by his umquhyle dearest father or any uther his majesties noble progenitors of the few ferme victuall of any lands perteining to the crowne which wer lawfullie sett in few of befor for payment of the few ferme victuall, and the same few ferme victuall is sett thaireftir in few or utherwayes for silver payment becaus such a sett or fewferme being soe fund and tryed is clearlie wnderstoode to be to the great abuse, hurt and diminutione of his majesties patrimonie and rent. Item, his majestie revokes, casses, annulls, retreats and rescinds all infeftments, alienationes and dispositiones with all takes and assedationes and any uther sort of conveyances quhatsumevir maid by his majestie or his majesties dearest father, or any uther his majesties predicessors kings of Scotland, against the lawes of the kingdome to quhatsumever persones of his majesties castles and houses or places and rowmes quhairupon the saids castles and houses wer situat, although now demolisched by injurie done to his majestie and the said crowne, and siclyk all infeftments, alienationes and dispositiones and all uther sort of conveyances quhatsumever of any of his majesties medowes, woods and parks with all takes, assedationes and uther dispositiones thairof maid by his majestie or his predicessors forsaids against the lawes of the kingdome, the same being soe fund and tryed. Item, his majestie revokes, retreats and rescinds all and sundrie infeftments, alienationes, giftes, dispositiones or any other conveyances quhatsumever maid by his majesties said umquhyle dearest father or any uther his majesties predicessors kings of Scotland induring thair minoritie and lesse aige and not thaireftir confirmed in thair majoritie to quhatsumever persone or persones in fewferme or lyfrent of all lands and annuelrents which become in thair hands as propertie by richt of the crowne, through bastardrie or being last air, by recognitione or foirfaultor or utherwayes, with all confirmationes if any be granted in parliament thairupon, provyding that presentatione to tennandries fallen by occasione forsaid sall in no wayes come wnder this present revocatioun becaus the same being casualities could not remaine in his majestie or his saids predicessors hands in prejudice of the superior of the saids tennandries, bot of necessitie it behoved thame to present heretable tennants to the saids superiors. Item, his majestie, with consent forsaid, revokes, casses, annulls all new infeftments, confirmationes and uther conveyances quhatsumever givin by his majesties said umquhyle dearest father or any uther his majesties predicessors kings of Scotland to quhatsumever persone or persones of any lands, baronies, lordschipes or uther heretages quhatsumever to be holden in blensch ferme, which wer holden of his majestie or his predicessors of befor by service of ward and releiff, and that in soe far as the same is or may be fund and verefied to have beine granted against the lawes and actes of parliament of the kingdome, without prejudice alwayes to the heretable possessors incaice of reductione of thair chainged tenors to brook and hold thair saids lands heretablie as they wer holden befor the alteratione of the said holding. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all regalities and gifts of regalities and all confirmationes and ratificationes of the saids gifts and regalities maid, givin or granted or consented to by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland against the actes and statuits that no regalities sould be givin in heretage without advyse and deliberatione of the whole parliament, togither with all chartors, infeftments, confirmationes, gifts de novo damus and uther richts quhatsumever maid by his majestie or his predicessors abonenamit of quhatsumever heretable offices against the lawes and actes of parliament of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all new creation of lands, baronies and annexationes and uniones of divers lands in fee which ar maid by his majestie or his said umquhyle dearest father or any uther of his majesties predicessors kings of Scotland in prejudice of thair dew service owing of befor, togither with all dischairges givin of the said service and sutes of court dew of old, and that in soe far as the same is or may be found to be unlawfullie maid or against the lawes of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all new infeftments maid and givin by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland of creatione of baronies and lordschipes annexit to the crowne forsaid in favour of quhatshmever persone in soe far as the same is or may be verefied to have beine maid and grantit wnlawfullie and against the lawes of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all infeftments, gifts and dispositiones quhatsumever sett, givin and grantit by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland to quhatsumever persone or persones in fee, few ferme or lyfrent, of quhatsumever hospitalls, masondieus, lands or rents perteining thairto in hurt or prejudice of consciences and against the lawes and acts of parliament of the kingdome to the end that the saids hospitalls may be reduiced to the first institutione for upholding of the poore, soe far as may be done by the lawes of the kingdome, providing alwayes that the rents of the Trinitie Colledge besyde the burgh of Edinburgh and uther rents assigned to the hospitall and colledge erected by the proveist, baillies and counsall of the burgh of Edinburgh be nowayes comprehendit wnder this present revocatioun. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all and quhatsumever giftes, pensiounes, gifts of fees, wages, liveries and dispositiones out of his majesties casualities and coffers givin by his majestie or by any of his majesties noble progenitors (except such as sall be of new granted by his majestie againe), togither with all presentationes to offices and places which by the lawes of the realme fall wnder his majesties revocatione, excepting alwayes the presentationes, fees and pensiones givin to the ordinarie officers of the crowne eftirspecifiet, thair deputtes and clerks and to the other persones eftir mentionat, which ar declared nowayes to sall within this present revocatioun, they ar to say: the fees and pensiounes givin and assigned to the thesaurar, comptroller and collector principall and to his majesties deputte thesaurer and to thair deputtes and clerks, to the secretarie principall and his deputtes, to the clerk of register, to his majesties advocate and the justice† clerk and thair deputtes, and to the maister of requeists, and to the procurator for the poore director of the chancellarie and dictator of the rolles. And also declares the pensiounes and uthers underwrittine nowayes to fall wnder his majesties revocatioun, viz: the pensioun to the Duke of Lennox, his umquhyle father or wnkle; the pensione to the Erle of Morton, with the tak and assedatione of Orknay and Shetland; the pensione to Sir Robert Ker of Ancrum; the pensione to Maister Johne Sandielands; the pensione to Sir James Lokhart; the pensione to Sir James Levingstoun; the pensione to Sir Williame Balfour; the pensione to Halbert Maxuell; the pensione to Sir James Carmichaell; the pensione to Sir James Ramsay; and the pensione to Sir Johne Murray of Revilrige, which his majestie and estates declair sall stand in effect, notwithstanding of this present revocatioun. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts, pensiones and frie dischairges of the thrides of benefices grantit by his majestie or his said umquhile dearest father or any uther his majesties predicessors kings of Scotland to quhatsumever persone or persones against the lawes and actes of parliament of the kingdome, with all takes of thrides of benefices quhairby the rentalled dewtie is diminisched or quhair the whole benefice is sett and disponit in diminutione of the thride thairof, in sa far as the same is contrarie to the lawes of the kingdome as said is. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all and quhatsumever infeftments maid by his majestie or his said umquhyle dearest father or any uther his majesties predicessors of any church lands, fryer lands, monk lands or comoun lands which any wayes fell and became in thair hands as propertie, and that in soe far as the same is or may be verrified to be maid contrarie and against the lawes and actes of parliament of the kingdome, reserving alwayes the infeftment maid for erectione and sustentatione of hospitalls and ministers within burrowes quhair thair is no assignatione nor stipend allowed furth of the thrids of benefices for sustentatione of the ministers thairof, and declares that all such infeftments of church lands as is befor exprimed falls wnder this revocatione if the persone or persones and thair successors to quhome the same have beine disponit have not answered and performed the caus and ends expressed in the saids infeftments, and for the which the saids infeftments was grantit by his majestie and his predicessors as said is. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all takes and assedationes quhatsumever of any comoun churches within the realme of Scotland maid by his majestie or his said umquhyle dearest father or any uther his majesties predicessors kings of Scotland in sa far as the same is or may be fund and verefied to be maid against the lawes and actes of parliament of the kingdome, providing alwayes that thair sall be sufficient ministers appointed to serve the saids churches quha sall mak residence and sall be sufficientlie sustained of the reddiest fruites of the saids comoun kirks according to the generall order taken thairanent. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts of monkes portiones, first fruites or fyft pennie of any benefices quhairwnto his majestie haith richt by the actes of parliament maid befor to that end, and that in soe far as the saids giftes ar or may be fund to be grantit against the lawes of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts and infeftments maid, done and consented wnto, to quhatsumever persone or persones by his majestie or his majesties said umquhyle dearest father or any other his majesties predicessors kings of Scotland of quhatsumever advocatione, donatione and richt of patronage givin or annexit to any lordschips, lands or baronie quhair the said patronage, advocatione and donatione of benefice perteinit not befor of richt, bot which taketh the begining and grund frome any gift and infeftment thairof maid, with this clause de novo damus quhair the purchaser of the said infeftment had no richt to the said patronage, advocatione and donatione of befor; and that in sa far as the same is or may be fund to be grantit against the lawes and actes of parliament of the kingdome. Item, his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all gifts, dispositiones of superplus omitted of the fruites of benefice givin by his majestie, his said umquhyle dearest father, or any uther his majesties predicessors kings and queines of Scotland in sa far as the same is or may be fund and verefied to be grantit against the lawes and acts of parliament of the kingdome. Item, his majestie, with consent of the estates, revokes, casses, annulls, retreats and rescinds all grants and infeftments of erectiones of quhatsumevir abbacie or uther prelacie in whole or in pairt, temporalitie or spiritualitie thairof, maid and grantit or consented wnto by his majestie at any tyme preceiding the dait heirof, to and in favours of quhatsumevir persone or persones, and declares the same null and of nane availl by way of actione, exceptione or reply. And als his majestie and estates revoke all infeftments of erectiones maid and grantit by his majesties said umquhyle dearest father or any his majesties predicessors kings or queines of Scotland of quhatsumever abbacie, priorie, nunrie, preceptorie or any uther erected benefice quhatsumever of quhatsumever nature, qualitie or conditione, quhairof the presentatione sould pertein to his majestie if the same wer not erected in a temporall baronie, lordschip or leving or of any pairt or pendicle thairof, ather spiritualitie or temporalitie of the same, to and in favours of quhatsumever persone or persones, and that in soe far as the same is or may be verrified to be grantit against the generall lawes and acts of parliament of the kingdome, and to that effect revokes, casses, annulls, retreats and rescinds all actes, statuites and dissolutiones of any of the saids erected benefices, lands or teinds of the same quhairupon the saids infeftments of erectiones ar or have beine foundit, and that in soe far as the same is or may be fund and verrified to be contrarie to the generall lawes, actes of parliament and statuits of the kingdome as said is. And generallie his majestie, with consent forsaid, revokes, casses, annulls, retreats and rescinds all actes, constitutiones, dispositiones, grants, conveyances, ratificationes and all other things quhatsumever done or consented wnto by his majestie at any tyme preceiding the dait heirof, or by his umquhyle dearest father or by any other his majesties predicessores kings and queines of Scotland in detriment of thair soule and conscience, in hurt and detriment of the crowne and church, and contrarie to the lawes and actes of parliament of the kingdome, and wills and declares that thes presents sall be als amply extendit and to be of als great effect in generall and speciall as any revocatione maid by any of his majesties royall predicessors befor the dait heirof contenit in the bookes of parliament, which in all heades, clauses, circumstances thairof ar holdin as heir repeatted. And also his majestie, with consent of the estates, ordaines and decernes that albeit it sall happin his majestie for any respect or consideratione to suffer any persone or persones to use or possess any priveledge or possessiones, lands, rents, offices quhich ar fallen wnder the compas heirof, that it sall mak no richt to the users and holders thairof, bot it sall be lawfull to his majestie and his successors to intromett thairwith quhen ever it sall please thame by vertew of thes presents actes and consuetudes of the realme maid befor without any obstacle, impediment or contradictione.
[1633/6/25]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of this present parliament, ratifies and approves the whole actes of annexatione of quhatsumevir lands, lordschipes and baronies annext to the crowne by his majesties umquhile father or any other his majesties predicessors. And farther his majestie and estates forsaides, and without dirogatione of the former annexationes, of new annexes the same to the crowne, to remaine thairwith for ever according to the conditiones and provisiones contenit in the former actes of annexatione of lands to the crowne, and speciallie of the act of annexatione maid in the dayes of King James the Second in the moneth of August 1455. Attoure his majestie, with consent forsaid, declares the richt and title of superioritie of all and sundrie lands, baronies, mylnes, wodes, fishings, towers, fortalices, manour places and whole pertinents thairof perteining to quhatsumever abbacies, pryories, pryoresis, preceptories and quhatsumever uther benefices of quhatsumever estate, degrie, title, name or designatione the same be of, erected in temporall lordschipes, baronies or livings befor or eftir the generall act of annexatione of kirklands maid in the moneth of Julii 1587 yeirs, togither with the whole few maills, few fermes and other rents and dewties of the saids superiorities, to be annexed and to remaine with the crowne for ever, reserving to such lords and titulars of erectiones and each one of thame who have subscryved the generall surrander the few maills and few fermes of thair said superiorities ay and quhyle they receave payment and satisfactione of the soume of ane thousand merkes usuall money of Scotland for each chalder of few ferme victuall overhead and for each hundreth merks of few maills and for each hundreth marks worth of all uther constant rent of the saids superiorities not consisting in victuall or money and not being naked service of vassalles, according to the tennor of his majesties generall determinatione and according to the conditiones thairin exprest, and reserving to thame and to all uthers titulars of erectione thair propertie and propper lands, to be holdin of his majestie and his successors in few ferme for payment of the few ferme dewties and other dewties contenit in the old infeftments maid to thame, their predicessors and authors befor the said act of annexatione. Lykas his majestie and estates forsaids finds and declairs that all titulars of erectione without exceptione sall hold thair propertie and propper lands of his majestie and his successors in few ferme for payment of the few ferme dewties contenit in the infeftments grantit to thame and thair forsaids befor the said act of annexatione and no utherwayes. And his majestie and estates declares all richts and deads quhatsumever maid and grantit to quhatsumever persone or persones preceiding the dait heirof which may prejudge his majestie and his successors in the peacible brooking, injoying and possessing of the saids superiorities and few ferme dewties abonespecifiet (excepting and reserving as said is) to be null and of nane availl, force nor effect by way of actione, exceptione or reply. And siclyke his majestie and estates ratifies and approves the acts of parliament maid by his majesties said umquhyle dearest father of eternall memorie, the fyfteine parliament, cap. 233, intitulat, 'Anent the annexatione of the king's annexit propertie', togither with the 234 act of the said parliament intitulat, 'The annexit propertie may not be disponit bot in few ferme allanerlie', and also the 236 act of the same parliament, intitulat, 'Dispositione of the annexit propertie maid befor the dissolutione or not conforme to the conditiones thairof is null', and siclyke the 243 act of the said fyfteinth parliament intitulat, 'Anent ratificationes or dispositiones maid in parliament', and ordaines the same to have full force and effect in all tyme coming, and declares all deides done in contrarie thairof to be null and of nane availl by way of actione, exception or reply. It is alwayes declarit that wnder this present act nor no claus thairof sall nowayes be comprehendit the temporall lands, superiorities and others perteining to quhatsumever archibischops, bischops and thair chaptors, bot that the same sall remaine with thame and thair successors wnhurt or prejudgit by this present act.
[1633/6/26]*[print] [email] [cite] [preceding] [following]
Forsomuch as albeit the lands, lordschipes, baronies and others of old ar laitlie annexit to the crowne, wer and ar, for great and wechtie considerations tending to the weill of the crowne and whole realme, ordanit to remaine with oure soverane lord and his successors for ever and not to be disponit nor annalied in fee nor lyfrent to quhatsumever persone or persones without advyce of the thrie estaits of parliament, and for profitable and seine causis tending to the weill of the whole realme, yett nevertheles it haith beine ever thocht expedient in the dayes of oure soverane lords most glorious predicessors and nowayes dirogatorie to the conditiones of the saids annexationes, bot agreable thairto as tending to the publick weill of the crowne and kingdome that the annext and propper lands sould be set in few ferme for increase of policie and augmentatione of the rentall. And his majestie being weill pleased to observe and fallow the ordour keipt by his majesties predicessors forsaids anent his majesties annexit propertie, thairfor his majestie, with consent of his thrie estates of parliament, statuites and ordaines that it sall be lawfull to his majestie enduring his tyme to set all and sundrie lands, baronies, lordschipes, milnes, fischings and other his majesties proper lands, both of the old and new annexit propertie and of the temporalitie of kirklands, in few ferme, soe that it be not in diminutione of his majesties rentall, gressumes and other dewties, bot in augmentatione thairof, providing alwayes that this present dissolutione sall nowayes be extendit to the setting in fewferme of any of oure soverane lords castles, palaces, yards, woods, parkes, forrests, pastures for sheip and nolt, and in speciall the lowmonds of Falkland, coalheuches and offices, bot the same to remaine inseparablie annext to the crowne notwithstanding of this present dissolutione. And declares that this present dissolutione sall endure for the lyftyme of oure soverane lord, the king's majestie quha now is, allanerlie soe that the lands and others forsaids which he setts in few ferme in his tyme, with the condition forsaid, sall stand perpetuallie to and in favours of the receavers thairof, thair aires and successors, and eftir his decease the annexationes maid at this present parliament and of befor sall returne to the awin nature.
[1633/6/27]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaites of parliament ratifies and approves the act of the lords of counsall and sessione of the dait at Edinburgh, the penult of Marche 1630 yeires, anent the interruptione of the act of prescriptione in favours of his majestie and his successors, together with the act of secreit counsall of the dait at Halyrudhous, the tuentie saxt day of May 1630 yeirs, whairby the saids lords of secreit counsall have allowed and approved the said act, and ordaines the saids actes to be insert in this present ratificatioun. And his majestie and estates declares the saids acts to have the full force, effect and executione of a law, statuite and act of parliament in favours of his majestie and his successors in all tyme coming.
Followeth the tennor of the act of counsall and sessione:
At Edinburgh, the penult day of Marche, the yeir of God 1630 yeirs. The quhilk day, in presence of the lords of counsall and sessione, comperit personallie Sir Thomas Hope of Craigehall, knicht baronett, his majesties advocate, and presentit ane letter directed frome his sacred majestie, quhairof the tennor followeth: Rex. Richt trustie and richt weilbeloved cousigne and counsaller and trustie weilbeloved, we greet yow weill. Whairas by act of parliament maid in the moneth of June 1617 yeirs all heretable richts cled with fourtie yeirs possessione ar declared to be irreduceable in all tyme coming, except the same be quarrelled within the space of fourtie yeirs, and by the same act thair is libertie grantit to all persones quha micht be prejudgit by the said prescriptione of fourtie yeirs alreadie run and expyred befor the dait of the said act to intend thair actiones within the space of threttein yeirs eftir the dait of the said act; and whairas we, schortlie eftir the decease of oure dearest father of eternall memorie, maid oure generall revocatioun in the moneth of October 1625 yeirs, which revocatioun we by tuo speciall letters of declaratione, one of the dait at Whythall, the tuentie saxt day of Januar 1626 yeirs, and registrat in the bookes of secreit counsall the nynt of Februar 1626 yeirs, and ane uther of the dait at Wainsteed, the ellevint of Julii 1626 yeirs, and registrat in the bookes of secreit counsall upon the tuentie ane of Julii 1626 yeirs, have restricted to the annulling of richts of the propertie of the crowne, als weill annexed as wnannexed, quhairof accompt haith beine maid in exchecker, and of the principalitie wnlawfullie disponit by oure predicessors against the lawes and actes then standing, and to the annulling of erectiones and uther dispositiones of quhatsumever lands, teinds, patronages and benefices formerlie belonging to the kirk and since annext to the crowne, and of any other lands and benefices mortified and devoted to pious uses, and of regalities and heretable offices, and of the chainge frome the auncient holdings of ward and releif to blench or taxt ward since the yeir of God 1540 yeires. And becaus we wer wnwilling to enter in proces with oure subjects anent the premisses, bot rather desyrit to tak a fair course with all such as would voluntarlie treat with ws or oure commissioners thairanent, thairfor we wer pleased by oure commissioun of the dait at Whytehall, the sevinteine day of Januar 1627 yeirs, to appoint certane of oure nobilitie, clergie, gentrie, barounes and burrowes to be commissioners to treat and deale betuix ws and oure subjects anent the premisis. And albeit the said commissioun haith maid a good progres in the said mater of erection and teinds, and that a great number of oure subjects having interest thairin have subscryved to ws general submissiones, whairupon we have givin furth oure severall determinationes for the good of oure subjects and establisching of the perpetuall quietnes and peace of that oure auncient kingdome, yet it is certane that many of thes quha have interest in erections and teinds ly furth and have not subscrived the saids generall submissiones, lykas also the remanent pointes of oure said commissioun anent the patronage of kirks, richts and infeftments of oure propertie and principalitie, regalities, heretable offices and chainged tenors of holding in blensche or taxt wards ar not as yett begun to be handled and treated, and can not be possiblie finisched and closed befor the expyring of the tyme and yeires of interruption allowed by the said act. And becaus we will not suffer oure selffe or oure successors to be prejudgit by delay of the executioun of the said commissioun of the lawfull actiones competent to ws and thame for reducing of such richts of the premisis to the which we have wndoubted interest, and sieing a multitude can not be commodiouslie summoned and wairnit personallie or at thair duelling places in soe schort tyme as is to run of the said tyme of prescriptione, thairfor, and for preservatione of oure richts and actiones competent to ws and oure successors anent the premisis necessarie, it is that some solemne act be done by ws to testifie oure will and resolutione to prosecute oure saids actiones in the owin tyme if the same be not takin away and removed by the said commissioun, which we think can not be more properlie and convenientlie done nor by inserting of this oure declaratione in your bookes of sessione and directing of letters of publication thairupon certifieing all oure lieges quha have interest in the premisses by open proclamatione at the mercat croce of oure burgh of Edinburgh and other places neidfull of this oure pleasure, will and declaratione, and that the same be declared by yow to have the strenth, force, vertew and power of a legall and perfect interruptione. And thairfor we require yow immediatelie eftir the sicht heirof to caus insert thes presents in youre bookes of sessione and to declare the same to have the force of a legall and lawfull interruptione, and to direct letters of publicatioun thairupon in forme as effeirs, which, not doubting yow will doe, we bide yow fareweill frome oure court at Whythall, the tuentie nynt day of November 1629 yeirs. With the which letter, tenor, contents and desyre thairof, eftir that the same with the act of parliament quhairunto it is relative was read in thair whole presence, the saids lords being weill and ryplie advysed and having considerit the justice and equitie of his majesties will and pleasure thairin contenit, they have ordanit and ordaines the said letter and declaratione thairincontenit to be insert and registrat in thair bookes of sederunt, and ordaines letters of publicatione to be direct and pass thairupon certifieing all his majesties lieges who have interest by open proclamatione at the mercat croce of Edinburgh and other mercat crosses of the kingdome quhair the lands, baronies and others wnder writtine ly, or quhair the persones and subjects duell and remaine against quhome the said declaratione is to have the effect of a legall interruptione in manor following, and by open proclamatione at the said mercat croce of Edinburgh, pier and schoare of Leith for all such of his majesties lieges who ar furth of this realme, of his majesties pleasure, will and declaratione, and of the saids lords thair decreit and authoritie interponit thairto. Lykas the saids lords declare that the said declaratione registrat as said is and to be publisched in maner forsaid sall have the strenth, force and power of a legall and perfect interruptione against all persones having interest, and that in soe farre allanerlie as may be extendit to the particulars following, to witt: to his majesties annexit propertie and his majesties propertie wnannexit quhairof the fermes, dewties or few fermes have beine compted in his majesties exchecker since the moneth of August 1455 yeirs and wnlawfullie disponit by his majesties predicessors against the actes of parliament and lawes of the kingdome, and to the principalitie wnlawfullie disponit by his majesties predicessors against the actes of parliament and lawes of this kingdome, and to the reductione of quhatsumever erectiones of quhatsumever benefices, spiritualitie or temporalitie thairof, against the lawes and actes of parliament, and to the reductione of quhatsumever patronages of kirkes perteining to his majestie and his predicessors and wnlawfullie disponit by thame against the acts of parliament, and against wnlawfull dispositiones of quhatsumever lands, teinds or rents doted to hospitalls or masondieus, and wnlawfullie disponit against the actes of parliament, and against regalities and heretable offices wnlawfullie disponit contrarie the actes of parliament, and against all chainged tenors of holding frome ward to blensch or taxt ward grantit by the kings and princes in thair minorities, and not grantit or ratified by any king or prince being major, with this declaratione: lykas the saids lords declare that the same sall not prejudge any persone quhatsumever of thair lawfull defence competent to thame against any actione to be intendit heireftir at his majesties instance and his successors, except in soe far as concerne the said act of prescriptione, quhairupon the saids lords declare that no exceptione sall be foundit in prejudice of his majestie and his successors.
Followes the tenor of the act of secreit counsall:
Apud Holyrudehous vigesimo sexto die mensis Maij anno Domini millesimo sexcentesimo trigesimo. The quhich day, in presence of the lords of secreit counsall, comperit personallie Sir Thomas Hope of Craighall, knicht baronett, his majesties advocate, and gave in the act of sessione wnder writtine maid in favours of his majestie anent the interruptione of the act of prescriptione and desyrit the same to be insert and registrat in the bookes of privie counsall and the lords authoritie to be interponit thairto. Which act of sessione being read, heard and considerit by the saids lords, and they being thairwith and with the desyre of the said advocate weill advysed, the lords of secreit counsall think the course and ordour takin by the saids lords of sessione for interrupting of the said act of prescriptione to be just and reassonable, and thairfor they ordaine the said act of sessione to be insert and registrat in the bookes of privie counsall, quhairof the tenor followes:
At Edinburgh, the penult day of Marche, the yeir of God 1630 yeirs. The which day, in presence of the lords of counsall, comperit personallie Sir Thomas Hope of Craighall, knicht baronett, his majesties advocat, and presentit a letter direct frome his sacred majestie, quhaireof the tenor followes: Charles Rex. Richt trustie and richt weilbeloved cowsigne and counsallor and richt trustie and weillbeloved, we greet yow weill. Whairas by act of parliament maid in the moneth of June 1617 years all heretable richts cled with fourtie years possessione ar declared to be irreduceable in all tyme coming, except the same be quarrelled within the space of fourtie yeirs, and by the same act thair is libertie grantit to all persones who micht be prejudgit by the said prescriptione of fourtie yeirs alreadie run and expyrit befor the dait of the said act to intend thair actiones within the space of thretteine yeirs eftir the dait of the said act. And whairas we schortlie eftir the decease of oure dearest father of eternall memorie maid oure generall revocatione in the moneth of October 1625, which revocatione we by tuo speciall letters of declaratione, one of the dait at Whytehall, the tuentie saxt day of Januar 1626 yeirs, and registrat in the bookes of oure secreit counsall the nynt day of Februar 1626 yeirs, and ane other of the dait at Wainsteed, the ellevint day of Julii 1626 yeirs, and registrat in the bookes of oure secreit counsall upon the tuentie one day of Julii 1626 yeirs, have restricted to the annulling of richts of the propertie of oure crowne, alsweill annexit as wnannexit, quhairof accompt haith beine maid in oure exchecker, and of the principalitie wnlawfullie disponit by oure predicessors against the lawes and actes than standing, and to the annulling of erectiones and other dispositiones of quhatsumever lands, teinds, patronages and benefices formarlie belonging to the kirk and since annexit to the crowne, and of any other lands and patronages which anywayes sould justlie belong to the kirk or crowne, and of quhatsumever lands and benefices mortified and devoted to pious uses, and of regalities and heretable offices, and of the chainge of holdings frome the auncient holding of ward and releiff to blensch and taxt ward since the yeir of God 1540 yeirs. And becaus we wer wnwilling to enter in proces with oure subjects anent the premisis, bot rather desyrit to tak a fair course with all such as would voluntarlie treat with ws or oure commissioners thairanent, thairfor we wer pleased by our commissioun of the dait at Whytehall, the sevinteine day of Januar 1627 yeirs, to appoint certane of our nobilitie, clergie, gentrie, barones and burrowes to be commissioners to treat and deal betuix ws and oure subjects in the premisses. And albeit the said commissioun haith maid a good progres in the said mater of erectiones and teinds, and that a great number of oure subjects having interest thairin have subscrived wnto ws generall submissiones, whairupon we have givin furth our severall determinationes for the good of our subjects and establisching the perpetuall quietnes and peace of that oure auncient kingdome, yett it is certane that many of thes quha have interest in erectiones and teinds ly forth and have not subscryved the saids generall submissiones; lykas also the remanent pointes of our said commissione anent the patronage of kirks, richts, infeftments of our propertie and principalitie, regalities, heretable offices and chainged tenors of holdings in blensch or taxt wairds ar not as yett begun to be handled and treated and can not possiblie be finisched and closed befor the expyring of the tyme and yeirs of the interruptione allowed by the said act, and becaus we will not suffer our selffes nor our successors to be prejudgit by delay of the executione of the said commissioun of the lawfull actiones competent to ws and thame for reducing such richts of the premisis wnto the quhich we have wndoubted interest, and seing a multitude can not be commodiouslie summoned and wairnit personallie and at thair duelling places in soe schort tyme as is to run of the said tyme of prescriptione, thairfor, and for preservatione of our richts and actiones competent to ws and our successors anent the premisis, necessarie it is that some solemne act be done by ws to testifie our will and resolutione to prosecute our saids actiones in the owin tyme if the same be not takin away and removed by the said commissioun, which we think cannot be mor properlie and convenientlie done nor by inserting of that our declaratione in your bookes of sessione and directing of letters of publicatione thairupon certifieing all our lieges quha have interest in the premisis by open proclamatione at the mercat croce of Edinburgh and other places neidfull of that our pleasure and declaratione, and that the same be declarit by yow to have the strenth, force, power and vertew of a legall and perfect interruptione. And thairfor we require yow immediatlie eftir the sight heirof to caus insert thes presents in your bookes of sessione, and to declair the same to have the force of a legall and lawfull interruptione, and to direct letters of publicatione thairupon, in forme as effeirs, which, not doubting yow will doe, we bide yow fareweill. From our court at Whythall, the tuentie nynt day of November 1629 yeires. With the which letter, tenor, contents and desyre thairof, eftir that the same with the act of parliament quhairwnto it is relative wer read in thair whole presence, the saids lords being weill and ryplie advysit and having considerit the justice of his majesties will and declaratione contenit thairin, they have ordanit and ordaine the said letter and declaratione thairin contenit to be insert and registrat in thair bookes of sederunt, and ordaines letters of publicatione to be direct and passe thairupon certifieing all his majesteis lieges quha have interest by open proclamatione at the mercat croce of Edinburgh and other mercat crosses of the kingdome quhair the lands baronies and others ly or quhair the persones and subjects duell and remaine, against quhome the said declaratione is to have effect of a legall interruptione in maner following, and by open proclamatione at the said mercat croce of Edinburgh, peire and schoare of Leith for all such of his majesties subjects as ar furth of this realme, of his majesties pleasure, will and declaratione, and of the saids lords, thair decreit and authoritie interponit thairto. Lykas the saids lords declare that the said declaratione registrat as said is and to be publisched in maner forsaid sall have the strenth, force and power of a legall and perfytt interruptione againes all pairties having interest, and that in soe far allanerlie as may be extendit to the particulars following, viz: to his majesties annexed propertie and his majesties propertie wnannexit, whairof the ferme dewties or few fermes have beine compted in his majesties exchecker since the moneth of August 1455 yeirs and wnlawfullie disponit by his majesties predicessors againes the actes of parliament and lawes of the kingdome, and to the principalitie wnlawfullie disponit against the actes of parliament and lawes of this kingdome, and to the reductione of quhatsumever erectiones of quhatsumevir benefices, spiritualitie and temporalitie thairof, wnlawfullie disponit against the lawes and actes of parliament, and to the reductione of quhatsumever patronages of kirks pertaining to his majestie and his predicessors and wnlawfullie disponit by thame against the actes of parliament, and against wnlawfull dispositiones of quhatsumever teinds, lands and rents doted to hospitalls and masondieus and wnlawfullie disponit against the actes of parliament, and against regalities and heretable offices wnlawfullie disponit contrair to the actes of parliament, and against all chainged tenors of holdings frome ward to blensch or taxt ward grantit by the kings and princes in thair minorities and not granted or ratified by any king or prince being major, with this declaratione: lykas the saids lords declair that the same sall not prejudge any persone quhatsumever of thair lawfull defences competent to thame against any actione to be intendit heireftir at his majesties instance and his successors, except in soe far as concerne the said act of prescriptione, whairupon the saids lords declair that no exceptione sall be foundit in prejudice of his majestie and his successors concerning the premisses.
[1633/6/28]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament, ratifies and approves that head and article of the act of parliament maid in the moneth of Julii 1587 yeirs, cap. 29, 'Anent the annexatione of the temporalitie of benefices to the crowne', whairby the richt and priveledge of regalitie which pertenit to quhatsumever abbacie, priorie, prioresse or other benefice quhatsumever is annexit to the crowne, with this declaratione: that the airs of the vassalles of the heretable tenants sall be entred by breiffes furth of his majesties chancellarie to be direct to the proveist and baillies of the borrowes of the saids regalities, but prejudice alwayes to heretable baillies and stewarts of the saids regalities, thair airs and successors of thair richts and infeftments grantit to thame of the saids bailliaries and stewartries of regalitie, which sall remaine with thame in the same conditione they wer befor the same act of annexatione except in the chainge of thair superior, viz: in the king's majestie and his successors quha in all tymes thaireftir sall be thair superior, as in the said act of parliament of the dait forsaid at mair lenth is contenit. And farder his majestie, with consent of the estates of parliament, casses, annulls, retreats and rescinds all richts and titles maid and grantit by his majestie or his majesties umquhyle father or by umquhyle Queine Marie, his grandmother, to quhatsumever persone or persones of the richt and priveledge of regalitie perteining to quhatsumever abbotte, pryor, pryoresse, preceptor or other beneficed persone quhatsumever at any tyme preceiding the dait heirof, and declares the richt and title of all and quhatsumever regalities within the kingdome which pertenit to quhatsumever benefice, particularlie or generallie abonespecifiet, at any tyme preceiding the generall annexatione of kirklands, without respect to any exceptione mentioned in the said act of annexatione, to perteine to his majestie and his successors in all tyme coming, reserving alwayes to all heretable baillies and stewarts of the saids regalities thair richts and infeftments of the saids bailliaries and stewartries grantit to thame by the saids beneficed persones at any tyme preceiding the dait of the erectiones of the saids abbacies, pryories and others forsaids in temporall lordschipes. And it is declarit that thes presents sall nowayes be extendit to the richt of regalitie of quhatsumever lands and superiorities perteining to the archbischops and bischops of this kingdome by vertew of thair gifts and provisiones grantit to thame or thair predicessors thairupon, which sall remaine with thame wnhurt or prejudgit by this present act. And also it is declarit, decernit and ordanit that the lands and baronie of Broughtoun, comprehending the townes, lands, burgh in baronie, mylnes and others mentionat in the infeftments grantit by his majestie wnder his hienes great seale to his hienes richt trustie cowsigne and counsallour Robert, erle of Roxburgh, of the dait the [...] day of [...] ane thousand sax hundreth threttie yeirs, sall not be comprehendit heirin, excluding the same alluterlie thairfra to remaine with the said erle, his airs and successors, eftir the forme and tenor of the infeftments maid to him and his authors of the same.
[1633/6/29]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament, findes, declares and ordaines that his majestie and his successors have and sall have good and wndoubted richt to the superioritie of all and sundrie lands, baronies, mylnes, woodes, fischings, towers, fortalices, manour places and whole pertinents thairof perteining to quhatsumever abbacies, priories, prioresis, preceptories and quhatsumever other benefices, of quhatsumever estate, degrie, title, name or designatione the same be of, erected in temporall lordschipes, baronies or livings befor or eftir the generall annexatione of kirklands maid in the moneth of Julii, ane thousand fyve hundreth fourscoir and sevine yeirs, and to the whole casualities of the saids superiorities not disponit befor the dait of the generall commissioun, which is of the dait at Whytehall, the sevinteine of Januar 1627 yeirs; and also to the whole few maills, few fermes and other rents and dewties of the saids superiorities of all yeirs eftir the dait of the said commissioun, reserving to such lords and titulars of erectiones quha have subscrived the generall surrander the few maills and few formes of thair saids superiorities ay and whyle they receave payment and satisfactioun of the soume of ane thousand merkes usuall money of Scotland for ilk chalder of few forme victuall overheid, and for ilk hundreth markes of few maills and for ilk hundreth markes worth of all other constant rent of the saids superiorities (not consisting in victuall or money and not being naked service of vassalles), according to the tenor of his majesties generall determinatione and conforme to the conditiones thairin contenit, which ar holden as repeatted and exprest heir. And siclyke with this declaratione: that these presents sall be without prejudice to the saids lordes and titulars of erectione of quhatsumever lands, baronies, woodes, fischings, manour places, mylnes, multors and others of the saids erected benefices perteining to these quha have surrandered as said is in propertie, and quhairof they had the richt of propertie the tyme of the said generall surrander, acquired by thame ather befor or since the saids erectiones by quhatsumever manor of way according to the lawes of the kingdome, providing they hold the said propertie of his majestie and his successors as the same wer holden befor the dait of the saids erectiones and for payment of the few maills, few fermes and other dewties mentionat in the old infeftments of the saids lands befor the dait of the saids erectiones. And his majestie and estates declare all richts and deades quhatsumever grantit by his majestie or his umquhyle dearest father or grand mother, Queine Marie, to quhatsumever titulars of erectiones which may prejudge his majestie and his successors in the peceable bruiking, joying and possessing of the saids superiorities and whole benefeit thairof abonespecifiet (wnder the exceptiones alwayes and provisiones abonewrittin) to be null and of nane availl, force nor effect by way of actione, exceptione or reply. And also finds and declares that the saids lords and titulars of erectione sall hold thair propertie and propper lands of his majestie and his successors as the same wer holden befor the dait of the saids erections, and for payment of the few maills, few fermes and other dewties mentionat in the old infeftments of the saids lands grantit to thame and thair authors befor the dait of the saids erectiones. It is alwayes provydit and declarit that these presents nor no claus thairin contenit sall be extendit to the superiorities of quhatsumever lands, baronies and others perteining to quhatsumever archbischop, bischop and thair chaptors, bot that the same sall remaine with thame and thair successors wnhurt or prejudgit by this present act.
[1633/6/30]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament ratifies and approves the act of the generall commissioun of teinds and surranders of the dait at Holyrudhous, the tuentie nynt day of May 1627 yeirs, whairby it is fund and ordanit that his majestie and his successors sall have the constant rent and dewtie following payed out of the teind bolles of victuall, and out of the bodie of the rest of the teinds of the kingdome redacted in money, except the teind bolles and silver payit to the bischops, being the rent perteining to thame, in the estait quhairin the same is presentlie payit or presentlie payable to thame, and except the teind bolles and silver payit to ministers in name of stipend for serving the cure and to the colledges, hospitalls and other pious uses, that is to say: of everie teind boll of the best quheat, ten schillings; of everie boll of the best teind bear, aucht schillings; and of everie boll of the best teind oates, meale, peise and ry, sax schillings; and quhair oates ar of that nature that they will not rander abone half meale, the rent to be thrie schillings; and quhair the bolles of victuall ar of inferiour goodnes, worth and pryce nor the best, that his majesties annwitie furth thairof sall be modifiet proportionallie; and quhair the rent doeth not consist in victuall bot in money, that his majestie and his successors sall have of everie hundreth merkes of parsonage and viccarage teind not consisting in victuall rent the soume of sax markes money: togither with the act of the said commissioun of the dait at Holyrudhous, the aucht of August 1628, whairby it is ordanit that the payment of the said annuitie sall have the begining of the crope and yeir of God 1628; togither with ane other act of the said commissioun of the dait at Holyrudhous, the fourteine day of July 1630, whairby letters of horning ar ordanit to be direct at the instance of his majesties thesaurer for payment of the said annwitie of the cropes 1628 and 1629 and yeirlie in tyme coming; togither with ane act of the conventioun of the estates of the dait at Holyrudhous, the tuentie nynt of July 1630 years, whairby the saids estates have ratified and approved the said act of the dait and tenor forsaid, anent letters of horning to be direct at the instance of his majesties thesaurar for payment of his majesties annwitie of the crops and yeirs of God 1628 and 1629 and yeirlie in tyme coming; and siclyk ratifies and approves the act of the said commissioun of the dait the tuentie thrie of Marche 1631 yeirs, whairby it is ordanit that in all teinds which sall be wnvalued betuix and the first of August thaireftir, that the heretour sall pay his just teind according to the fyft pairt of the present rent ay and quhill the constant rent be determined, and whairby it is statuit and ordanit that his majestie sall have richt to uplift his annwitie according to the said fyft pairt of the present rent ay and while the said constant rent be determined; togither with ane other act of the said commissioun of teinds and surranders of the dait at Holyrudhous, the fourteine of December 1631 yeares, and ratified by the lords of secreit counsall upon the tuentie day of the said moneth of December, whairby it is statuit and ordanit for ane interim that the annwitie of teinds consisting in victuall sall be payit to his majestie of all yeares bygane and in tyme coming conforme to the tenor of the said last act, and that according to the just and trew prices of the victuall in ilk pairt of the cuntrie, compting for ilk hundreth markes of the pryces of the said victuall, being redacted in money, sax markes for his majesties annwitie, which act is thaireftir upon the tuentie of December 1631 ratified by the lords of secreit counsall and letters of horning and poynding ordanit to be direct thairupon, and thaireftir ratified by the lords of exchequer upon the tuentie thride of the said moneth of December. And his majestie and estates statuit and ordaine the said annwitie furth of the teinds to be payit to his majestie and his successors of the said crope and year of God 1628, and of all years sensyne and in tyme coming, and that als weill out of the wnvalued as valued teinds, conforme to the tenours of the saids actes of conventioun, secreit counsall and exchequer. And ordaines letters of horning and poinding to be direct by the lords of his majesties exchequer at the instance of his majesties thesaurar principall and deputte for payment of the said annwitie of all yeares bygane and in tyme coming. And ordaines the lords of his majesties exchequer to sitt at all convenient tymes for granting and discussing of suspensiones toutching the said annwitie of teinds. It is alwayes declarit that the last clause and article contenit in the said act of annwitie whairby the commissioners think fitt that the said annwitie of teinds sall be annexit to the crowne is nowayes ratified by this present act nor no clause thairof, and that his majestie takes to his owin gracious consideratione what to doe thairanent in whole or in pairt as his majestie in his royall wisdome sall think most expedient; and whatever his majestie sall doe now or heireftir thairanent sall be als valide and effectuall as if the same had beine particularlie exprest in this present act.
[1633/6/31]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ratifie and approve the act of parliament maid by his majesties umquhule father of eternall memorie, 18 parliament, Cap. 12, intitulat, 'Act anent setting of fewes to subvassalls of wardlands', in the whole heads and articles thairof. And farther his majestie, with consent of the saids estates, haith extendit and doeth extend the said act of parliament and benefeit thairof in favours of his sacred majestie and of the prince of Scotland and thair successors in all tyme coming, and statuites and ordaines that it sall nowayes be lawfull to quhatsumever vassalls holding lands of his majestie or of the prince of Scotland or of any duke, marques, erle, vicount, lord, prelat, barone or any uther persone quhatsumever holding thair land of thair superiors by service of ward and releiffe to sett thair saids lands, baronies, milnes, fischings or any other lands or heretages quhatsumever, holding ward as said is, to any uther persone or persones in few for payment of a few ferme dewtie or in any maner of holding in prejudice of the said ward holding without special advyse and consent of thair superiours of quhome they hold the same respective, and rescinds and annulls all former actes of parliament of quhatsumever dait or tenor which may in any sort derogate to this present act. And finds and declares that all and quhatsumever infeftments to be grantit otherwayes without consent of the saids superiours respective or thair confirmatione obtenit thairto doeth nowayes stope the ward of the saids lands nor hinders the course of recognitione vacand or quhich sall happine to vake in the superiours hands incaice of alienatione of the same, ather of the whole or of the most pairt thairof, according to the course of the comoun law, without consent of thair superiours, but prejudice to thair saids superiours respective and thair successors of the benefeit of the said act of parliament 1606, whairby all such infeftments and grants without consent as said is ar declared to be null by way of actione, exceptione or reply, which clause sall stand in favour of his majestie and in favour of the prince and thair successors and other superiours respective forsaids, siclyke and in the same maner as if the said clause wer insert in this present act. And this act sall not be extendit to deads lawfullie done in tyme bygane befor the dait of this present act, bot onlie ad futura.
[1633/6/32]*[print] [email] [cite] [preceding] [following]
Forsomuch as oure soverane lord, out of his royall and fatherlie cair, tendering the publique good of this his auncient kingdome, did immediatlie eftir his happie attaining to the crowne publisch and give furth his royall declaratione anent the reforming of the abuses used in leiding of teinds, whairine his majesties umquhyle father of eternall and blissed memorie laboured soe much in his tyme and for provisione and maintenance of kirks and other pious uses furth of the saids teinds. And now his majestie, being by Gods gratious providence present in his royall persone within this his majesties auncient kingdome, and holding this his first parliament of his whole estates of the same, with quhome his majestie haith advysed and resolved to put that glorious worke anent the teinds to a full perfectione, thairfor his majestie, with consent of the thrie estates, by these presents, statuites, ordaines and declares that thair sall be no teind scheaves or other teinds, personage or viccarage, led and drawin within the kingdome, bot that each heretor and lyfrentar of lands sall have the leiding and drawing of thair awin teind, the same being first trewlie and lawfullie valued, and they paying thairfor the pryce eftirspecifiet incaice they be willing to buy the same or otherwayes paying thairfor the rate of teind eftirspecifiet. Lykas his majestie and estates find and declair that the just and trew rate of teinds is and sall be the fyft pairt of the constant rent which each land payeth in stock and teind quhair the same ar valued jointlie, and quhair the teinds ar valued a part and severallie that the just rate thairof is and sall be such as the same is alreadie or sall be heireftir valued and proved befor the saids commissioners or subcommissioners, deduicing the fyft pairt thairof for the ease of the heretors, reserving alwayes libertie to such as sall find thameselffes enormlie hurt by the leiding of the saidis valuationes to persew for rectifeing of the same befor the commissioners appointit by his majestie and estates for that effect. And also his majestie, with consent of the thrie estates, finds and declares that the pryce of all teinds which may be sold and annalied consisting ather in money, victuall or other bodies of goodes is and sall be rewled and estimat according to nyne years purchase, the pryces of victuall and other bodies of goodes quhairof the teind consists being redacted in money according to the worthe and pryce of victuall and goodes in each pairt of the cuntrie, to the quhich the same is and sall be pryzed and estimat by his majesties commissioners alreadie appointit or to be appointit to that effect; and finds and declares that each heretor in the kingdome being willing to buy his awin teind frome the titulars having power to sell the same sall be obliged to buy the teinds of his awin lands, except soe much as sall be locallie assigned to the minister serving the cure of the kirk for his maintenance, and to pay the pryces forsaids betuix and the terme of Mertimes in the year of God 1635 yeares, quhair the valuatione of the teinds is maid and approved befor the dait heirof, and quhair the same is not yett valued and approved, within the space of tuo years eftir the same be valued and approved by the commissioners to be appointed by his majestie and estates to that effect; eftir the expyring of the which tyme his majestie and estates declair that the said titulars sall not be compelled to sell the same, except they doe it of thair awin good will and consent, with this declaratione alwayes: that incaice the impediment of not selling induring the space forsaid flow from the titular by reasone of his minoritie or other inhabilitie, in that caice the heretor quha offereth himself readie to buy his awin teind within the space forsaid sall have place soe soone as the impediment is removed to buy his teinds, notwithstanding of the expyring of the years and spaces aboneexprest. And it is declarit that if the heretor be minor and his tutors neglect the buying of his teinds within the space forsaid, the minor sall have actione againes his tutors pro damno et interesse, bot not actione to compell the titular eftir the expyring of the space forsaid for selling of the saidis teinds. And quhair the saidis teinds ar cost by the heretors as said is, finds that the heretor sall be obleist to give to the lyfrentar of the saidis lands having richt thairto by contract of mariage, lyfrent, infeftment, conjunctfie or reservatione furth of the infeftment of fie, the leiding of the teinds of thair said lyfrent lands for payment of the rate of the teind of the same. And siclyk findes that in all caices quhair teinds ar not cost, that the heretors or lyfrenters of lands quha have the leiding of thair awin teinds be thameselffes, thair tennants and others in thair name sall be obleist to pay to the titulars of teinds the yearlie rate thairof, according to the valuatione of the same maid or to be maid, and to give securitie thairof according to the order sett downe and prescrived by the commissioners of surranders and teinds or to be sett downe by the commissioners appointed or to be appointed by his majestie, with consent of the estates of this present parliament, deduicing soe much thairof as sall be assigned to the minister for his maintenance. It is alwayes declarit that quhither the saidis teinds be sold or not, his majestie sall have his annwitie furth of the same according to the tenor of the act of annwitie. And becaus sundrie questiones may aryse both anent the valuatione of teinds and pryce of the same in divers pairts of the cuntrie, and anent the securities to be maid by the titulars to the heretors quha buy thair teinds and by the heretors to the titulars of the pryce to be payit for the same quhair the teinds ar cost, or for payment of the raite of teind quhair the same is not cost, and siclyk anent the provisione of the kirks with competent maintenance and for divisione of the pryce of teinds betuix the heretors and lyfrentars and rectifieing of valuationes alreadie led to the enorme hurt and prejudice of these having interest, thairfor his majestie and estates have referred and referres the determinatione of the saidis particulars and all others concerning the teinds to the commissioners appointit by his majestie and estates in this present parliament. It is alwayes declarit that this present act sall be no farther obligator againes quhatsumever archbischops, bischops, parsones, viccars and other beneficed persones being ministers nor thair successors bot according to the provisiones and conditiones exprest in the submissione maid by the bischops to his majestie, which is of the dait the [...] day of [...] 1628 yeirs, and registrat in the bookes of commissioun of surranders and teinds upon the thretteine day of July 1631 yeirs, which provisiones and conditiones ar holden as expressed heirin. And also it is declarit that the viccarages of each kirk being a severall benefice and title from the personage sall be severallie valued to the effect the titulars or ministers serving the cure quha have richt to the saidis viccarages be not frustrat of the trew worth of the saidis viccarages.
[1633/6/33]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament ratifie and approve that head and clause of parliament maid upon the tuentie tua day of May 1584, whairby his majesties umquhile father of eternall memorie, with consent of the estates, haith appointed and ordanit that all causes concerning his majesties propertie, whither the same be suspensiones letters conforme breacking of arreistment, deforcement of officers in the premisis or any thing depending thairupon, sall be discussit befor his majesties exchequer in the exchequer hous. And siclyk his majestie, with consent of the estates, statuites and ordaines that the lords of exchequer appointed or to be appointit by his majestie sall have wndoubted power, warrant and authoritie to sitt, cognosce and decide in all the forsaids causis concerning his majesties propertie and others depending thairupon, and also in all causses concerning his majesties annwitie furth of the teinds, and ordaines thame to sitt at all convenient tymes for passing and discussing of suspensiones and for deciding of all other actiones concerning the said propertie and annwitie of teinds, and to direct letters of horning and poinding and other executione necessarie upon the decreits pronuncit by thame of or concerning the premisses, and the horning to pas upon a simple chairge of ten dayes upon this syde of the water of Dee and upon tuentie dayes by North Dee allanerlie at the discretione of the saidis lords of exchequer.
[1633/6/34]*[print] [email] [cite] [preceding] [following]
Forsomuch as oure soverane lord, immediatlie eftir his happie attaining to the crowne of this his auncient and native kingdome, did out of his royall and fatherlie cair to the publique good thairof give furth his royall declaratione anent the reforming of the abuses used in leiding of teinds, and for provisione and maintenance of kirkes and other pious uses furth of the saidis teinds, and also for restoring the crowne to the superiorities of quhatsumever benefices and temporalities thairof erected in temporall livings and againes other prejudices and detriments done to the crowne mentionat in the said declaratione. And albeit his majestie haith beine still urging and following the performance of the particulars forsaids these fyve years bygone or thairabout by commissiones direct by his majestie wnder his great seale to that effect, whairin thair haith beine good progres maid, yett the same could not tak a full end without the authoritie of a parliament; lykas his majestie, out of his earnst and tender affection to the publique good of this his native kingdome, and for advancing the saidis great and glorious workes intendit by his majestie as said is, haith takin the paines to come hither in his royall persone whair his majestie, being present in solemne parliament with his thrie estates of his said auncient kingdome, have resolved and concludit upon the particular actes and statuites eftir following tending to the publique good, peace, ease and comfort of his said kingdome and subjects thairof, viz: his majestie and estates forsaids have ratified the act of commissione of surranders and teinds of the dait at Holyrudhous, the tuentie saxt day of June 1627 yeirs, whairby it is fund meit and expedient that the lowest proportione for maintenance of ministers sall be aucht chalder of victuall or aucht hundreth markes proportionallie, except such particular kirks occurre whairin thair sall be a just, reassonable and expedient caus to goe beneath the forsaid quantitie, and haith referrit the consideratione of the reassones and causis thairof to the commissioners to be chosin by his majestie, with consent of the estates in maner contenit in the said act. Lykas also his majestie and estates, by ane other act and ordinance, haith statuit and ordanit and declarit that each heretor and lyfrentar of lands respective sall have the leiding and drawing of thair awin teinds, the same being first trewlie and lawfullie valued and they paying thairfor the pryce eftirspecifiet incaice they be willing to buy the same, or otherwayes for the yeirlie payment of the rate of teinds eftirspecifiet. Lykas his majestie and estates have by the said act fund and declarit that the trew and just rate of teind is and sall be the fyft pairt of the constant rent which ilk land payes in stock and teind quhair the same ar valued jointlie, and quhair the teinds ar valued apairt and severallie, that the just rate thairof is and sall be such as the same is alreadie by vertew of the former generall commissione of surranders and teinds proved and valued to, or els sall be heireftir valued and proved befor the commissioners to be appointit by his majestie with consent of the estates, deducing the fyft pairt thairof for the ease of the heretors, reserving alwayes libertie to such as sall find thameselffes enormlie hurt by the leiding of the saidis valuationes to persew for rectifieing of the same befor the saidis commissioners to be appointit by his majestie and estates forsaids. Lykas his majestie and estates have by the said act fund and declarit that the pryce of all teinds which may be sold and annalied consisting ather in victuall, money or other bodies of goodes is and sall be ruled and estimat according to nyne yeirs purchase, the pryces of victuall and other bodies of goods quhairof the teinds consist being redacted in money according to the worth and pryce of victuall and goodes in ilk pairt of the cuntrie, to the quhich the same is and sall be pryzed and estimat by the saidis former commissiones of surranders and teinds, or by the commissioners to be appointit by his majestie with consent of the estates. And also have fund and declarit that ilk heretor in the kingdome being willing to buy his awin teind frome the titulars having power to sell the same sall be obliged to buy the teind of his awin lands except soe much as sall be locallie assigned to the minister serving the cure for his maintenance, and to pay the pryces forsaids to the titulars betuixt and the particular tymes and dyetts exprest in the said act. And also have fund that the heretors sall be obliged to give to the lyfrentar of the lands the leading of thair awin teinds for payment of the rate of teind of the same. And also have fund that in all caices quhair teinds ar not cost that the heretors or lyfrentars of lands quha have the leiding of thair awin teinds by thameselffes, thair tennants and others in thair names sall be obliged to pay to the titulars of the saidis teinds the yeirlie rate thairof according to the order sett downe and prescryvit by the former commissiones or to be sett downe by the commissioners to be appointed by his majestie, with consent of the estates, deducing soe much thairof as sall be assigned to the ministers for thair maintenance. And becaus sundrie questiones may aryse anent the valuationes of teinds and pryces thairof, and anent the securities to be maid by the titulars to the heretors quho by thair teinds, and by the heritors to the titulars of the pryce to be payit for the same quhen the teinds ar cost, or for payment of the rate of teind quhair the same is not cost, and anent the provisiones of the kirks with competent maintenance and other particulars mentionat in the said act, thairfor his majestie and estates by the said act did referre the determinatione thairof to the commissioners to be appointit by his majestie and estates, with these declarationes alwayes: that his majestie sall have his annwitie payit furth of the teinds according to the tenour of the said act of annwitie, and that the archbischops, bischops, parsones, viccars and other beneficed persones being ministers and thair successors sould be no farther obliged in any of the premisses, bot according to the provisiones and conditiones exprest in the submissione maid by the bischops to his majestie, which is of the dait the [...] day of [...] 1628 yeirs, and registrat in the saidis bookes of surranders and teinds upon the thretteine of July 1631 yeirs; and that the viccarages of ilk kirk, being a severall benefice and title, sould be severallie valued to the effect the titulars and ministers serving the cure quho have richt to the saidis viccarages sould not be frustrat of the trew worth of the saidis viccarages. And siclyk his majestie and estates, by ane other act, have fund and declarit that his majestie and his successors have, and sall have, wndoubted richt to the superiorities of quhatsumever erectiones, few maills, few fermes and other casualities thairof, reserving to such lords and titulars of erectioun quha subscrived the generall surrander the few maills and few fermes of thair saidis superiorities ay and while they receave payment and satisfactioun of the soume of ane thousand merkes usuall money of Scotland for ilk chalder of few ferme victuall, and for ilk hundreth markes of few maills, and for ilk hundreth markes of all other constant rent of the saidis superiorities not consisting in victuall or money and not being naked service of vassalls, according to the tenour of his majesties generall determinatione and conforme to the conditiones thairin contenit, as in the saidis thrie actes of this present parliament at mair lenth is exprest. And forasmuch as it is necessarie for determinatione of the particulars forsaids and of all such other pointes which ar fitt and expedient for the finisching and full perfectione of the said glorious worke anent the teinds, maintenance of ministers and others forsaidis that a commissione be grantit by his majestie, with consent of the estates and by authoritie of this present parliament, thairfor his majestie, with consent of the saidis estates, haith grantit and by these presents granteth full power and commissione to the persones eftir following, to witt: nyne of the clergie, nyne of the nobilitie, nyne of the small barounes and nyne of the burgesis, togither with my lord chancellar and aucht officers of estate, viz: George, erle of Kinnowll, chancellour, Williame, earle of Morton, thesaurar, Johne, archbischope of Sanctandrois, Thomas, earle of Hadingtoun, lord privie seale, Patrick, archbischope of Glasgow, Williame, earle Marschall, George, earle of Wintoun, Johne, earle of Perth, John, earle of Kinghorne, Williame, earle of Dumfreis, Williame, earle of Sterling, secretarie, David, earle of Southask, Johne, earle of Traquair, thesaurer deputte, Johne, earle of Weymes, Archibald, lord Napier, George, lord Corstorphine, Alexander, bischope of Dunkell, Johne, bischope of Murray, Johne, bischope of Rosse, Adame, bischope of Dunblane, David, bischope of Brichen, Andrew, bischope of Argyle, George, bischop of Orknay, Sir Johne Hay, clerk of register, Sir Thomas Hope, advocate, Sir George Elphingstoun, justice clerk, Sir James Galloway, maister of requeists, Sir Robert Spottiswode, Sir James Learmonth, Sir James Lokhart, younger, of Ley, Sir Johne Charteris, Sir Robert Grier, Johne Boyll of Kelburne, Sir Williame Dowglas of Cavers, the Laird of Inchemairteine, the Laird of Lugtoun, Johne Sinclar, Johne Maknacht, Archibald Tod, Edward Edger, Maister Alexander Guthrie, Gabriell Cwninghame, Robert Tailyeor, Williame Mecklejohne and Maister Robert Cwnighame (or any fyfteine of thame, thair being thrie of everie estate with thrie of his majesties officers of estate, of which number of fyfteine the lords chancellor, thesaurer and privie seale, archbischops of Sanctandrois or Glasgow, Earle Marschall and Earle of Wintoun, or any of thame, sall be one) to meitt and conveine at Holyrudhous or Edinburgh at such tymes and places as they sall think fitt, and thair to prosecute and fallow furth the valuatione of quhatsumever teinds, parsonage or viccarage, within the kingdome which ar as yett wnvalued. And also to receave the reports frome the subcommissioners appointit within ilk presbitrie of the valuationes of quhatsumever teinds led and deduicit befor thame according to the tenour of the subcommissiones direct to that effect, and to allow or disallow the same, according as the same sall be fund agriable or disagriable frome the tenour of thair subcommissiones. And also with power to rectifie quhatsumever valuationes led or to be led to the enorme prejudice of the titulars and to the hurt and detriment of the kirk and prejudice of the ministers maintenance and provisiones, or of his majesties annwitie. And for the better expeding and advancing of the saidis valuationes, with power to appoint committies or subcommitties of thair awin number to receave the reports of the saidis valuationes maid or to be maid, and to receave, admitt and examine witnesis and to tak pairties oathes with thair depositiones quhair the same is referrit to oath, and to give such farther power to the saidis committies or subcommitties of thair awin number as they sall think fitt for the good of the worke and speidie finisching of the same. And siclyk with power to thame if neid be to appoint subcommissioners not being of thair awin number within any parochin or presbitrie of the cuntrie for leading and deduicing of the saidis valuationes and to receave the reports thairof, allow or disallow of the same and generallie with power to thame to sett downe quhatsumever other order or course which sall be thocht fitt and expedient for dispach of the saidis valuationes, rectifieing thairof or finall closing of the same. And siclyk with power to the saidis commissioners (or any fyfteine of thame as said is, thair being thrie of ilk estate with any one of the persones of the quorum abonespecifiet) eftir the closing and allowance of ilk kirk and parochin of the valuatione thairof, to appoint, modifie and sett downe a constant and locall stipend and maintenance to ilk minister to be payit out of the teinds of ilk parochine according to the tenour of the actes abonespecifiet, referring, lykas his majestie referrs, with consent of the saidis estates, to the saidis commissioners the tryall of the reasones and causes which may move the saidis commissioners to goe beneath the quantitie of aucht chalder of victuall or of aucht hundreth markes of money proportionallie in maner contenit in the said act. And siclyk with power to the saidis commissioners to divide ample and spatious parochines quhair the same sall be fund necessarie and expedient or to unite divers kirks in whole or in pairt to others and to ratifie and allow, eftir tryall and consideratione, such unioun or dismembring of parochines as haith beine formerlie maid by vertew of the former commissiones. And siclyk with power to thame to appoint and provyde for such other pious uses in each parochin as the estate thairof may bear. And siclyk with power to the saidis commissioners as said is to tak order that everie heretor and lyfrentar of lands sall have the leiding of thair awin teinds, parsonages and viccarages thairof, they paying the pryce contenit in the act abonespecifiet incaice they be willing to buy the same frome the titular having power to sell or otherwayes paying the rate of teind exprest in the forsaid act; and to that effect, with power to the saidis commissioners to sett downe the pryces of sellable teinds according to the worth thairof in each pairt of the cuntrie quhair the same grow and are bred, and also with power to thame to sett downe such good and ample securities as may stand by law both for the buyers of teinds, to the effect the titulars may be fullie denudit in thair favour and also for securitie to the titulars and sellers of the pryce dew to be payit to thame for the saidis teinds; and also to sett downe the securitie in favours of the titulars and of the ministers soe far as concernes the maintenance assigned to thame for good, thankfull and tymous payment of the rate of teind quhair the same ar not or can not be sold. And siclyk with power to the saidis commissioners to discusse and determine all questiones which may aryse betuixt the titulars and heretors anent the pryce of teinds, according to the natur and qualitie of the richts to be sold, whither the same be heretable or temporall, and to proportionat the pryce accordinglie, and also to divide the pryce of teinds betuix heretors and lyfrentars thairof and betuix titulars, takismen and others quha have severall and distinct richts to the saidis teinds sellable, according to the qualitie of thair richts. And also with power to thame to caus the titulars quha sell thair saidis teinds to exhibite thair richts and titles to the effect that they may be lawfullie denudit thairof in favour of the saidis heretors and lyfrentars respective, without prejudice alwayes to his majesties annwitie to be payit furth of the saidis teinds by the saidis titulars of teinds or heretors or lyfrentars of lands according to the tenour of the said act of annwitie. And generallie with power to the saidis commissioners to decide and determine in all other pointes which may concerne the leading and drawing of teinds, the selling and buying of the same or payment of the rate thairof contenit in the actes of parliament abonespecifiet or sett downe in his majesties generall determinatione, with this provisione and declaratione alwayes: that the archbischops, bischops, parsones, viccars and other beneficed persones, being ministers, and thair successors sall be no farther bund bot according to the provisiones and conditiones exprest in the submissione maid by the bischops to his majestie, which is of the dait the [...] day of [...] 1628 yeirs, and registrat in the buikes of commissione of surranders and teinds upon the thretteine day of July 1631, which provisiones and conditiones ar holden as exprest heirin. And also with this provisione: that the viccarages of each kirk, being a severall benefice and title frome the personage, sall be severallie valued to the effect the titulars or ministers serving the cure quho have richt to the saidis viccarages be not frustrat of the trew worth of the saidis viccarages. And siclyk becaus be the act abonespecifict maid anent superiorities of erectiones in favours of his majestie thair is special reservatione maid to such titulars and lords of erectioun as have subscryved the generall surrander of the few maills, few fermes and other constant rent of the saidis superiorities ay and while they be payit of the pryce thairof contenit in his majesties generall determinatione and according to the provisiones specifiet thairin, thairfor his majestie and estates give full power to the saidis commissioners, or any fyfteine of thame as said is, to call and conveine befor thame the lords of erectioun and uthers having richt to the saidis few mails and few fermes and other constant rent of the superiorities of kirklands at such particular dyetts as they sall appoint, and to wrge the saidis lords of erectioun and others forsaids to give up thair rentalls of thair saidis few maills, few fermes and uther constant rent forsaid of thair saidis superiorities, conforme to his majesties decreit and determinatione givin out thairanent and with certificatioun as is thairin conteinit, and to liquidat the other constant rent of the saidis superiorities not consisting in victuall or silver to the effect, eftir the full tryall of the said rentall and liquidatione thairof, the saidis lords of erectione may receave the pryce of a thousand markes for each chalder of few fermes and for each hundreth markes of the other constant rent, being redacted in money in whole or in pairt proportionallie frome his majesties thesaurers principall or deputte. And incaice of the absence and refusall of the saidis titulars and lords of erectioun, that the same may be consigned in the hands of the clerk to the saidis commissioners to remaine consigned for thair behove eftir the which consignatione it sall be lawfull to his majesties thesaurers principall or deputte to uplift, receave and intromett with the saidis few maills, few fermes and other constant rent forsaid of all yeares and termes, eftir the said consignatione, according to the tenour of the said generall determinatione. And also with power to the saidis commissioners as said is to discusse and determine all questiounes that may aryse betuix the saidis lords of erectioun and the heritors of the ground, pensioners, lyfrenters and others pretending richt to the saidis few maills and few fermes, and to divide the pryce amongst thame according to the qualitie of thair richts and all other questiones anent the few maills, few fermes and other constant rent forsaid which by his majesties generall determinatione is referrit to the determinatione of the commissioners to be appointit to that effect. And quhairas it may fall out that some of the commissioners now appointit by his majestie and estates may be wnable to attend the service through death, seiknes or some other notour and knowne impediments, thairfor his majestie reserves to himselff the nomination of such other persones in thair places as his majestie sall think fitt, whome his majestie by his letters sall recommend to the saidis commissioners to the intent they may receave and admitt thame upon the said commissione and tak thair oathes for faithfull dischairge of the same. And his majestie and estates ordaine this present commissione to indure wnto the last day of December in the yeir of God 1635 years and farther induring his majesties pleasure and ay and while the same be expreslie dischairgit by his majesties warrand or letter to that effect. And his majestie, with consent of the estates forsaids, finds, declares and ordaines the actes, decreits and ordinances of the commissioners forsaids and of the other persones quha sall be surrogatte in thair places by his majestie in maner forsaid in the whole particulars abonespecifiet and everie one of thame to have the strenth, force and authoritie of a decreit, sentence and act of parliament, and ordaines the lords of sessione to grant and direct letters of horning, poinding and others thairupon upon a simple chairge of ten dayes or otherwayes as sall be fund necessarie. Attour, for cleiring of all doubtes and difficulties which may aryse anent the rectifieing of valuationes or other particulars heads following, his majestie and estates have declarit and declare that quhair valuationes ar lawfullie led against all pairties having interest and allowed by the former commissioners according to the order observit by thame, that the same sall not be drawin in questione nor rectified upon pretence of enorme lesione at the instance of the minister not being titular or at the instance of his majesties advocate for and in respect of his majesties annwitie, except it be proved that collusione was used betuix the titular and heretor or betuix the procurator fiscall and the titulars and heretors, which collusione is declarit to be quhair the valuatione is led, with diminutione of the thride of the just rent presentlie payit, and which diminutione sall be proved by the pairties oathes. And siclyk it is declarit that the provisiones conteinit in the forsaid submissione maid by the bischops, whairof mentione is maid in the forsaid act of tithes and which is repeated in this commissione, sall be restricted to that whairof archbischops, bischops, parsones, viccarrs or other beneficed persones, being ministers, colledges, hospitalls and other dotationes to pious uses, wer in actuall and reall possessione the tyme of the said submissione, which sall remaine with thame in quantitie and qualitie according to the tenour of the said provisione; and if any questione sall aryse betuix the saidis archbischops, bischops, parsones, viccars and other beneficed persones forsaids anent the leading of teinds, that the same sall be referred to his sacred majestie and to his royall pleasure to be signified thairanent. And also anent laick patronages perteining to any his majesties subjects befor the yeir of God 1561 years, his majestie and estates declare that the same falls within the compasse of the generall submission maid to his majestie and his majesties determinatione givin thairupon, and that allanerlie in soe far as concernes a competent maintenance to be locallie payit furth of each kirk to the minister and his successors, and anent the teinds of other mens lands, and anent the annwitie to be payit to his majestie furth of the teinds of the said kirk. And as to the remanent teinds, the same to perteine to laick patrones in pryce or rate thairof in all caices quhair the forsaid laick patrones wer in possessione of the teinds thairof by the space of seven yeares within the fyftein years immediatlie preceiding the dait of the said generall submission, with this declaration: that quhair the titulars or ministers provydit to the saidis laick patronages and kirks thairof wer in possessione of the benefices forsaids and fruites and rents thairof ather by leading of the teinds or by uplifting and intrometting of the wholerents thairof by the space of seven years of fyfteine years immediatlie preceiding the said submission, in thes caices the diference betuix the said laick patrones and the titulars and ministers sall be referred to his sacred majestie and to his royall declaratione to be givin thairanent, and ordaines all former commissiones anent the premisis to cease in tyme cuming and this onlie to stand in force in tyme to come.
[1633/6/35]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that the designatione of the particular persones necessarie to be ingrost in the tuo severall commissiones grantit in this present parliament, the one anent the teinds and the other anent the survey of the lawes, which by the saidis estaits was referred to his sacred majestie, thairfor, the saidis estaits appoint and ordaine the clerk of his hienes register, to insert in the saidis tuo severall commissiones such particular persones names as his majestie, by his warrant signed with his hand, sall appoint and ordaine to be insert thairinto; for doing quhairof, declares this present act to be als sufficient a warrant to the clerk of register as if the saidis commissioners names had beine now presentlie insert in the saidis tuo severall commissiones by his majestie and estates of parliament.
[1633/6/36]*[print] [email] [cite] [preceding] [following]
In the parliament holdin at Edinburgh upon the tuentie aucht day of June, the yeir of God 1633, forsomuch as his majesties lieges and good subjects ar heavilie opprest and burdenit with exorbitant annuelrents and interest takin for the use of money far exceiding the rate and proportione takin in England, France and other nichbour cuntries, thairfor his majestie, with advyse of the estates, statuites and ordaines that notwithstanding of any former act of parliament allowing ten punds to be takin for each hundreth punds in a yeir, yett that no persone eftir the dait heirof take more than aucht punds for the use of the hundreth punds in a year and soe proportionallie in lesser or greater soumes wnder the paines contenit in the former acts of parliament maid against vsurers. And forsomuch as his majestie, out of his gratious goodnes, with consent of the estates, haith reduicit the interest and proffeit of money frome ten of the hundreth to aucht, conforme to this present act, thairfor the estates of parliament presentlie convenit, being sensible of the great good ensewing thairby to this whole kingdome in all tymes to come, make a voluntarie and humble offer to his majestie that of the said ten payit by borrowers for each hundreth during the space of thrie yeirs nixt ensewing, tuo sall be payit to his majestie during the said space (by and attour the tuentie pennie presentlie payit to his majestie in this present runing taxatioun[)], and that for the tearmes of Mertimes nixt 1633 years and Whitsunday 1634 years, and by and attour the saxteinth pennie of the extraordinarie taxatioun now presentlie grantit to his majestie in this parliament to begine at Mertimes 1634 years. And heirby it is declarit that those quha formerlie borrowit moneyis for aucht of the hundreth sall be frie of payment of the said tuo of ten for such and the same quantities as they have formerlie borrowed and ar presentlie adebted by thame for payment of aucht of the hundreth allanerlie; and those quha formerlie borrowed for nyne of the hundreth and ar presentlie owing by thame sall be onlie lyable to pay one to his majestie of nyne during the said space for such and the same quantitie of soumes as wer formerlie borrowed at nyne for the hundreth. And it is further declarit that those quha never borrowit moneyis befor the dait of this act and sall happin to borrow any soumes of money heireftir (they being equallie participant of the benefeit of the said act and his majesties gracious favour thairby extendit to thame with his other subjects) sall be subject in payment of the said proportione of tuo of ten during the space of thrie yeirs as said is. And ordaines the lenners to pay the same yeirlie and termlie during the said space of thrie yeirs togither and in one soume, with the tuentie pennie of this present rwnning extraordinarie taxatioun for the said terme of Mertimes nixt 1633 yeirs and Whitsunday 1634 years, and togither and in one soume with the saxteinth pennie grantit in this present parliament for the tearmes of Mertimes 1634, Whitsunday and Mertimes 1635 and Whitsunday 1636, begining the first tearmes payment of the said tuo of ten at Mertimes nixt and soe termlie thaireftir during the said space of thrie yeirs and sax termes. And the saidis estates have aggried all in one voice to suspend, lykas by thes presents they suspend the executioun of the said act for the space of thrie yeirs eftir the dait heirof, and by thes presents declair that it sall be lawfull (notwithstanding of the said act) to all subjects within this realme to tak ten markes for each hundreth markes of thair lent moneyes putt out or to be putt out upon annuelrent, conforme to the preceiding actes of parliament, during the said space of thrie yeirs nixt eftir the dait heirof. And for inbringing of the said taxatioun of tuo markes of ten, ordaines letters to be direct in the same forme and maner as is direct for collecting the forsaids extraordinarie taxationes of the tuentie and saxteinth pennie, and the same to be payit togither and in one soume to his majesties collector generall to be appointit or to his deputtes in his name having his power to receave the same.
[1633/6/37]*[print] [email] [cite] [preceding] [following]
In the parliament holdin at Edinburgh upon the tuentie aucht day of June the yeir of God 1633, oure soverane lord, the king's sacred majestie, and estates of parliament presentlie convined, remembring that at the first institutione of the colledge of justice and divers tymes thaireftir in the parliaments ratifieing the same, his majesties royall antecessors and estates of the realme then assembled fund the erectione of that honorable consistory (which is a biding monument of the glorie of thair reignes) not onlie to be most usefull for royal service, bot also necessarie and proffitable for the peace of the kingdome and to the seine good and comfort of all the subjects. And considering that the provisione allowed of befor to the lords of sessione was nowayes sufficient for defraying of thair chairges and that through thair continewall attendance thair private effairs ar neglected and great losses thairby sustenit by thame, thairfor, and to the effect the saidis senators and lordes of sessione present and to come may be more encouraged to goe one and to persist as they doe in thair zeale and affectiones to his majesties service and in faithfull ministratione of justice to the generall weill of the realme and all the lieges, the saidis estates, with the speciall approbatione and gratious good lyking of the king's sacred majestie, have most frielie condiscendit, statuite and enacted that a taxatioun be presentlie imposed upon thair lands and meanes which with his majesties consent forsaid they ordaine to be collected and payit to the effect in maner and at the termes following, that is to say: the duke, marqusis, earles, vicounts, lords and commissioners of shyres for the temporall estate have grantit that thair sall be uplifted of everie pund land of old extent within this kingdome perteining to dukes, marquesis, vicounts, lords, barones and frieholders and fewars of his majesties propper lands the soume of ten schillings money at everie one of the four termes following, viz: the soume of ten schillings money at the feast and terme of Mertimes nixtocome in this instant yeir of God 1633 yeirs; the soume of other ten schillings money at the feast and terme of Mertimes 1634 years; the soume of other ten schillings money at the feast and terme of Mertimes 1635 yeires; and the some of other ten schillings money at the feast and terme of Mertimes 1636 years. And the archbischops and bischops for the spirituall estate have grantit that thair sall be uplifted of all archbischopricks, bischopricks, abbacies, pryories and other inferior benefices within this kingdome at everie one of the four termes abonespecifiet the just taxatione thairof as they have beine accustomed to be taxed in all tyme bygane whensoever the temporall lands of this kingdome wer stentit to ten schilling the pound land of old extent, and the same taxatione to be payit at everie one of the four termes abonespecifiet. And the commissioners of burrowes for thair estate have grantit that thair sall be uplifted of all the borrowes within this kingdome at everie one of the four termes abonewrittine the just taxatione thairof as they have beine accustomat to be taxed wnto in all tyme bygane quhensoever the temporall lands of this kingdome wer stentit to ten schillings the pund land of old extent, and the said taxatione to be payit at everie one of the saidis four termes abonewrittine. And in regaird that his majestie haith erected sundrie prelacies in temporall lordschips whairby the owners thairof may claime to be taxed with the barones of the temporall estate, whairby the saidis lords of the sessione would be defraudit of a great pairt of the said taxatioun destinat and appointit as said is, thairfor the saidis estaits ordaine that all erectiones of prelacies and other small benefices in whole or in pairt in temporall lordschips sall in payment of the said taxatioun pay to the collectors thairof soe much of the said taxatioun pro rata as if they wer nowayes erected, and as they wer subject to doe befor the erection of the same. And siclyk it is statuit and ordanit that all dissolved benefices within this kingdome in whole or in pairt sall be subject in payment of soe much of the same taxatioun pro rata as they would have beine subject to pay though the same had not beine dissolved, and that the pairties quha have gottine any pairt or portione of any prelacies or other inferior benefices dissolved and new secuirities maid wnto thame by his majestie of that pairt and portione thairof soe dissolved sall be subject in payment of the taxatioun thairof to the prelate or other beneficed persone for his releiff of the same taxatioun as they would have beine soe the same had not beine dissolved, notwithstanding of any conditione contenit in the infeftments and secuirities maid by his majestie to thame in the contrarie thairof. And farther, the saidis estaits annull and dischairge all priveledges and immwnities quhatsumever whairby any persones may thinke thameselffes frie of payment of this present taxatioun, the priveledges grantit to the ordinarie lords and senators of the colledge of justice and the taxatioun of the benefices givin, disponit and mortifiet for intertainment of the universities, colledges and hospitalls within this kingdome onlie excepted. Attoure, our said soverane lord and estaits forsaids have givin and grantit, and by thes presents give and grant, full power and authoritie to the saidis lords of sessione to nominat, appoint and elect thair awin collectors, one or moe, as they sall think most expedient for uplifting of the forsaid taxatione to the effect forsaid, which soumes of money eftir they sall be ingathered as is befor appointit oure soverane lord and the estaits forsaids destinat and ordaine to be mortified by imployment upon land heretablie or for annuelrent or other sufficient secuiritie as may convenientlie be fund for the use and benefeit of the saidis ordinarie lords of sessione present and to come, to the effect that the yearlie proffeit and annuell of the saidis lands or moneyes (as the same sall happin to be imployed) may be receaved by thame and thair successors in thair saidis offices, yearlie and tearmlie, eftir the termes of payment of the same and applyed to thair behove in maner and conforme to the consuetude of the divisione of the yearlie dewtie presentlie allowed and receaved by thame, and that by and attour the present provisone and rents allotted to thame by parliaments heirtofoir. And to that effect the saidis ordinarie lords of sessione sall, with all convenient diligence, make, subscryve and deliver to his majesties thesaurer principall and deputtie a sufficient and valide secuiritie by band or contract maid by the sicht and advice of his majesties advocate for imploying of the said taxatioun and whole benefeit thairof, in whole or in pairt, as the same sall be uplifted to the use and effect abone specifiet, and ordaines the particular forme and maner of uplifting and ingathering of the said taxatioun and releiffe of the prelats, lords of erections and other beneficed persones to be conforme to his majesties awin taxatioun grantit in this present parliament in all pointes, except in soe far as concerneth the particular day to be appointit to the vassalls for conveining with the prelates, lords of erections and other beneficed persones for appointing and setting downe of their dew and richt proportiones of the saidis taxationes, which they ordaine to be upon the sevinteine day of September nixtocome, which is declarit to be the precise day of meitting to the effect forsaid, and that no farther citatione nor summoning sall be requisit to that effect than the publication and proclamatione of this present act at the market croces of the head borrowes of this realme; and holdeth the whole remnant clauses and provisiones of the act of releiffe of his majesties taxationes as heir repeitted and ordaines letters to be direct heirupon.
[1633/6/38]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament, ratifies, approves and confirmes all actes of parliament, giftes, grantes and donationes quhatsumever of all priveledges, friedomes and immwnities maid, givin, grantit or conceaved in favours of the senators of the colledge of justice by any of his majesties royall predicessors, or in any parliament holdin by thame, dispensing alwayes with the generalitie heirof and holding this generall ratificatioun als sufficient as if the whole priveledges, liberties and immwnities, actes and grants thairof wer speciallie and at lenth insert heirintill.
[1633/6/39]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of this present parliament have ratifiet and approved and, by the tenour heirof, ratifie and approve of new all actes and constitutiones of parliament maid by his majesties predicessors in favour of the frie borrowes of this realme and burgesses and inhabitants within the same, with all priveledges, friedomes, liberties and immwnities grantit and givin to the whole borrowes in generall in any time bypast, by any of oure soverane lord his majesties noble progenitors, with all that haith followed or may follow thairupon, and decernes and declaires the same to have full strenth, force and effect in all tymes heireftir, soe that the same may be putt to full and dew executioun in all pointes. And speciallie, without prejudice to the generalitie abonewrittine, his majestie and estates ratifie the act of parliament maid by his hienes grandfather, umquhyle King James the Thride, 1466 his second parliament, cap. ii., ordaining that none saill nor passe in merchandice out of the realme but friemen burgesses duelling within burgh, or thair familiar factors servants being with thame in houshold at meat and drink (excepting and reserving to the prelates, lords, barones and clerks as in the said act is contenit, and all other exceptiones contenit in any act of parliament in force preceiding the day and dait heirof). And siclyk the act of parliament maid by King James the Fourth of worthie memorie, in the parliament holdin at Edinburgh, the elevinth day of Marche 1503 yeirs, cap. 84, ordaining that no persone duelling out of borrowes use any merchandice nor yett tap nor sell wyne, wax, silkes, spycerie, wad nor siclyk stuff nor yet staple guids, and that none pack nor peill in Leith nor other places without the king's borrowes wnder the paine of escheat of the guids that be tapped, sold, packed or peilled contrarie to that statuite. And siclyk the 152 act of umquhyle King James the Saxt, his 12 parliament, ordaining that no persone excercise the traffique of merchandice bot burgesses of frie borrowes wnder paine of escheat of thair whole guids and geir, the one half to his majestie and the other half to the burgh apprehender, and giving power to everie burgh by thameselffes or a collector or commissioner depute by thame to searche the saidis wnfriemens goods, intromett thairwith as escheat, ather within the cuntrie or any other pairt to arreist, call, follow and persew befor wnsuspect baillies to be creatt by thame. And also the saxt act of King James the Saxt, his nynt parliament, ordaining letters of horning to be direct againes wnfriemen not being burgesses of the frie royall borrowes to find cautioun for desisting frome usurping of thair liberties in all the heads, clausses, articles and circumstances thairof. Lykas his majestie and estates declair that the saidis liberties and priveledges mentionat in the saidis acts ar onlie proper and competent to the frie borrowes royall that have vote in parliament and bear burdeine with the rest of the burrowes and to no others, prohibiting and dischairging all persones quha ar not burgesses of the saidis frie royall burrowes and bear not burdeine with the rest of all using and exercising of the liberties and priveledges forsaids in all tyme coming; and ordaines that letters of horning may be direct by the lords of counsall at the instance of all burrowes upon the forsaids priveledges and former actes of parliament maid thairupon and this present act in all tymes to come, for putting of the same to dew executioun with all rigour against thame that doe or come in the contrarie of the actes and priveledgis forsaids without calling of any pairtie.
[1633/6/40]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of parliament ratifie, approve and confirme the aucht act of the tuentie tuo parliament holdin by King James the Saxt of eternall memorie intitulat, 'Anent the justices for keiping of the king's peace and thair constables', in the whole heads, articles and clausses thairin contenit, admitting the generalitie heirof to be als valide and sufficient as if the same wer all heirin per expressum ingrost. Attour, his majestie and estaits forsaids gives full power, authoritie and commissioun to the lords of his majesties privie counsall to sett downe and impose penalties upon such of the justices of peace as sall not keip and observe the dyetts prefixed for thair severall and particular meittings, and with power lykwayes to the saidis lords of privie counsall to inlairge and amplifie the power and authoritie of the saidis justices of peace if they sall find it necessarie and expedient; and quhat they sall decreit and determine thairanent, finds and declares that the same sall have the force, strenth and power of ane act of parliament.
[1633/6/41]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, for explanation of the former actes of parliament maid in favours of the lords of sessione anent tuelff penneis of the pund, statuits and ordaines that quhensoever the saidis lords sall decerne and ordaine tuelff penneis of the pund to be payit in any decreit or sentence to be givin or pronuncit by thame at any tyme heireftir, the same sall nowayes be payit by the pairties purchasers and obtiners of the saidis decreits and sentences, bot by thes pairties allanerlie against quhome the saidis decreits and sentences sall happin to be obtained and purchased; and the booking and extracting of the sentences sall not be stayit for the not payment making of the tuelff penneis of the pund by the purchasers and obtaniers of the saidis decreits.
[1633/6/42]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considering that the precise and rigorous exactione of the paines arbitarie and pecuniall adjected to penall statuites heirtofoir maid would prove a burdeine to his majesties lieges heavie and insupportable if by his majesties grace and favour they sould not be eased and liberat of the same, in consideratione quhairof, his majestie, in this his first parliament holden in this his auncient and native kingdome, being willing to give ease and releiff to his subjects of the forsaid burdein, haith thairfor beine gratiouslie pleased, with consent of the estates of parliament, to dischairge, frielie pardon and remitt, and by these presents dischairges, frielie pardones and remitts all contraveiners of any of the saidis penall statuits for all deads done by thame contrarie to the tenour of the same statuites in tyme bygone, except onlie the statuites concerning wearing and bearing of hagbutts and pistolls, taking of wnlawfull usurie, transporting of money and gold, slaying of reid and† black fish, with the penalties incurred by the conceallers of annuelrents and wrongous upgivers of the inventars of thair moneyes, which ar nowayes dischairged by this present act nor comprehendit wnder the same.
[1633/6/43]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of this present parliament ratifie and approve all letters, patents and infeftments grantit by King James the Saxt of blissed memorie, or by our said soverane lord, wnto Williame, vicount of Sterling, and to his airs and assignais, of the territories and dominiones of New Scotland and Canada in America, and especiallie the patent, chartor and infeftment grantit by his majesties umquhyle dearest father of worthie memorie of New Scotland, of the dait the tent day of September, the year of God 1621. Item, ane other chartor of the same grantit by his majestie wnder the great seale, of the dait the tuelf day of July 1625 years. Item, ane other chairtor and infeftment grantit by his majestie of the cuntrie and dominione of New Scotland wnder the great seale, of the dait the thride day of May 1627 years. Item, another chartor and infeftment grantit by his majestie wnder the great seale of the river and gulfe of Cannada, bounds and priveledges thairof mentionat in the said patent, of the dait the second day of Februar 1628 yeirs. Item, a signature past wnder his majesties hand of the said cuntrie and dominione, which is to be with all diligence exped through the seales, of the dait at Whytehall, the tuentie fourt day of Apryll 1633 years, with all liberties, priveledges, honours, jurisdictiones and dignities respective thairin mentionat, togither also with all executione, precepts, instruments of seasings and seasings following or that sall happin to follow thairupon. And also ratifies and approves the act of generall conventione of estates at Holyrudhous, the saxt day of July, the yeir of God 1630, whairby the saidis estates have ratified and approved the dignities and order of knicht baronet, with all the actes of secreit counsall and proclamations following thairupon maid for mainteining of the said dignitie, place and precedencie thairof. And his majestie and estates forsaids will, statuit and ordaine that the saidis letters, patents, charters and infeftments, and the said dignitie, title and order of baronetts and all letters patents and infeftments of lands and dignities grantit thairwith to any persone quhatsumever sall stand and continew in full force with all liberties, haill priveledges and precedencies thairof, according to the tenour of the same, and in als ample maner as if the bodies of the saidis letters patents, infeftments and signatur abonementionat wer heirin particularlie ingrost and exprest. And ordaines intimatione to be maid heirof by open proclamatione to all his majesties lieges at the mercat crose of Edinburgh and other places neidfull that none pretend ignorance heirof.
[1633/6/44]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaits of this present parliament, considering that the Loche of Lochlevin perteines heretablie in propertie to his majesties richt trustie cowsigne and counsellor Williame, earle of Mortoun, lord great thesaurer of this realme, and Robert, lord Dalkeith, his sone, and that the said loche is weill plenisched and furnisched with pykes, perches and trouts of divers kindes, and that quhen the fish ascend furth of the said loche to the watters, burnes and strypes that fall in the same to spawn thairin, thair is great slauchter and destructioun of thame committed by the cuntrey people about, whairby the said loch and fisching thairof is not of such worth to the heritors of the said loche nor to the cuntrey about as it would be if the saidis fishes wer not slaine in the saidis watters, burnes and strypes. For remedie quhairof, his majestie, with advyse and consent of the estates of this present parliament, statuites and ordaines that none of his majesties lieges slay any pykes, perches, trouts or any uther fishes in the waters, strypes or burnes that fall in the said loche or run furth thairof within the space of fyve myles to the said loche wnder the payne of tuentie punds usual money of this realme, to be payit by each contraveiner toties quoties for each contraventioun, and ordaines the saidis whole paines and wnlawes of contraventioun to apperteine to the said Earle of Mortoun and his said sone, thair airs and successors. And by these presents gives and grants power and commissioun to thame and thair baillies and deputtes to call before thame within the towne of Kinroscher all persones suspect of slaying of the said fish within the saidis burnes, waters, loch or strypes within the said space of fyve myles to the said loch, and as they sall be fund guiltie or innocent of slaying thairof, to assoilyie thame or wnlaw thame in the wnlawes forsaids, and to decerne and ordaine the persones convict to pay the same wnlawes to the proctour fiscall to be appointit for that effect by the said Earle of Mortoun, his said sone or thair forsaidis. And ordaines letters of horning upon a simple chairge of sax dayes, poinding and other letters and executorialls requisit to be direct for payment to the said proctour fiscall of the saidis wnlawes, and ordaines publication to be maid heirof in forme as effeirs.
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Oure soverane lord and thrie estates of this present parliament, wnderstanding that albeit by the great cair of his hienes umquhyle dearest father of eternall memorie the Clan Gregour was supprest and reduicit to quietnes, yett of late they ar brokine furth againe to the heavie oppressione of many of his majesties good subjects quha duell near to the pairt quhair they resort, and especiallie in the shirefdomes of Perth, Sterling, Clakmannane, Monteith, Lennox, Angus and Mernes; thairfor, for the tymous preventing of the disorder and oppressione that may fall out by the said name and clan of Macgregour and thair followers, and for farder suppressing of thame, ratifies and approves all acts of counsall and acts of parliament maid and grantit heirtofoir against the said wicked and rebellious clan of Macgregour. And farther, his majestie and estaits of parliament statuit and ordaine that the said name of Clangregour and everie one of thame as they come to the aige of saxteine years sall thaireftir yearlie give thair compeirance befor the lords of privie counsall upon the tuentie fourt day of July, if it be a lawfull counsall day, and failyeing thairof the nixt counsall day thaireftir, and thair find cawtioun for thair good behaviour and obedience in all tyme coming, and tak to thame some other surname, conforme to the acts of counsall alreadie maid thairanent; and if they faile in not compeirance as said is and goe to the horne, that then it sall be lawfull to any of his majesties lieges to tak and apprehend thame and present thame to the sheriff of the shyre or his deputtes or to the stewarts of the stewartrie or thair deputtes, to the effect they may be presentit befor the lords of privie counsall, thair to be takin order with as effeirs. And if it sall happin any of his hienes good subjects in taking any of the said Clangregour being putt to the horne as said is, to hurt, mutulat or slay any of thame, the pairtie quha sall happin soe to doe and thair complices sall nowayes be subject nor lyable to law thairfor nor incurre any paine or skaith in bodie or guides, and sall be frie of all persuite criminall or civill to be intendit against thame at the instance of his hienes advocate or any other pairtie, bot the same sall be holdin and reputte as good service done to his majestie. And farther, oure said soverane lord and estates forsaids, for the better extinguisching and extirpating of the saidis wicked and lawles limmers, statuite and ordaine that no minister nor preachers within the bounds of the highlands or nichbouring cuntries thairto, Bamffe, Invernes or regalitie of Spynie or Elgin, Forres, sall, at any tyme heireftir, baptize and christen any male chylde with the name of Gregour wnder the paine of deprivatione, and that no clerk or notar in any tyme coming sall mak or subscryve any band or other secuiritie wnder the name of Gregour or MacGregour wnder the paine of deprivatione. And siclyk statuit and ordaine that all and quhatsumever of the said Clangregour that sall happin to be within the said kingdome upon the fyfteine day of Marche nixtocome, sall give thair compierance befor the lords of privie counsall at Edinburgh or quhair it sall happin thame to be for the tyme, or the nixt counsall day thaireftir, to the effect that such of thame as have alreadie fund cawtioun and quhose cawtioners ar dead may find new cawtioun for thair good behaviour in tyme coming, and such of thame quha have never fund cawtioun may find cawtioun and suretie for thair obedience in tyme coming; with certificatioun to thame if they doe not compeir and that the lords of privie counsall for thair dissobedience sall direct letters of horning against thame or any of thame and that they thairfor be putt to the horne, that then it sall be lawfull to any of his majesties good subjects to tak and apprehend thame quhairever they may be had and put thame to the nixt shireff, stewart, baillie of regalitie or thair deputtes, to any of the justices of peace or to the proveist and baillies of burrowes to the effect they may present thame befor the lords of his majesties privie counsall that such order may be takin with the saidis rebells as the saidis lords sall think expedient. And farther, oure said soverane lord declares that if any of his hienes good subjects sall happin in taking of the saidis rebells to hurt, mutulat or slay any of thame, the pairtie quho sall happin soe to doe and thair complices sall nowayes be subject nor lyable to law thairfor nor incurre any paine or skaith in thair bodie or goods, and sall be frie of all persuite, criminall or civill, to be intendit against thame at the instance of his hienes advocate or any uther pairtie; bot the same sall be holdin as good service done to his majestie. And lykwayes his majestie and estates forsaids statuite and ordaine that if any of the said Clangregour quho sall happin to have compeared and fund cawtioun in maner abonespecifiet be fund maisterlis in tyme coming, having nather possessiones nor callings quhairupon to leive nor will not tak thame to service, that it sall be lawfull to any of his hienes good subjects to tak and apprehend thame and present thame to the nixt sheriff, stewart, baillie of regalitie and thair deputtes or to the proveist and baillies of borrowes, and that they may present thame to the lords and others of his hienes counsall thair to be takin order with as they think meit. And siclyk, his majestie and estaits of parliament statuite and ordaine that if any of the said Clangregour sall happin to be put to the horne by letters of horning direct against thame by the lords of counsall for the caus abonewrittin, and that publicatioun be maid thairof by the saidis lords to all his majesties lieges and at all places neidfull, that then quhatsumever persone or persones sall recept, supplie or intercommon with the saidis rebells, or any of thame, or supplie thame with meat, drinke, ludging or weapones, directlie or indirectlie, or any other necessaries, sall be punisched in thair bodies, goods and geir as intercommoners with rebells and sorners conforme to the lawes of this kingdome againes intercommoners and sorners. And also his majestie, with consent of the estaits forsaids, statuits, ordaines and commands all scheriffs, stewarts, proveists, baillies of borrowes and regalities and all and sundrie his majesties good subjects to assist and concurre with any of his hienes good subjects quho sall happin to be in persuit of the saidis rebells, and siclyk statuits and ordaines the saidis proveists and baillies of burrowes and baillies of regalities to receave frome the hands of his hienes good subjects the saidis rebells quho sall happin to be apprehendit by thame in maner forsaid, putt, keip and deteine thame in suire waird and firmance ay and quhill they be presentit befor his majesties counsall or justice. And lastlie his majestie and estaits forsaids, for suppressing of the said lawlis Limmers and Clan of MacGregour, nominats and appoints the sheriffs of the shirefdomes of Perth, Dumbartane, Angus, Mernes, Sterling and stewarts of the stewartries of Stratherne, Monteith, Bamff, Invernes, Elgin and Forres and thair deputtes, and the shireff of Cromartie and his deputts, and the proveists and baillies of the borrowes thair, the Earles of Erroll, Montrois, Athole, Perth, Tulliebardin, Seafort, Vicount of Stormonth, Lord Ogilvie, the Lairds of Glenwrquhy, Lawers, Garntullie, Weymes, Glenlyon, Glenfalloch, Edinampill, Grant, or any of thame, his majesties justices in that pairt, for setting, trying and doing justice upon the saidis rebells of Clangregour, or any of thame and thair complices, quho sall be apprehendit by any of his hienes good subjects for thift, sorning or slauchter, with power to thame to hold courts, proceid and minister justice upon the saidis rebells apprehendit as said is as accords. And quhair ever his majesties good subjects all happin to apprehend any of the saidis rebells sorning, committing thift or slauchter, and sall present thame to the saidis lords of counsall, justice or justice generall or commissioners abonespecifiet, or ather of thame, the doer of that service sall have for his rewaird the moveable goodes and geir of the offender takin and presentit by him in maner forsaid.
[1633/6/46]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaites of parliament declair that no particular actes maid in favour of any of his majesties subjects at this present parliament, nor no actes of ratificatioun maid in thair favour, sall prejudge his majestie nor his successors of the actes and statuites wnderwrittine maid in favour of his majestie in this same parliament, viz: the act of his majesties revocatioun, the act anent the superiorities of erectiones, the act anent regalities of erectiones and the actes maid or ratified anent his majesties annexed properties. And his majestie and estates find and declair the saidis particular actes and actes of ratificatioun maid in favour of any of his majesties subjectes in soe farre as the same or any of thame may prejudge his majestie or his successors of the saidis actes and statuites maid in his majesties favour or of the benefeit thairof, in whole or in pairt, to be null and of none availl, force nor effect by way of exceptioun or reply. And siclyk statuit and ordaine that the saidis particular actes and actes of ratificatioun sall not prejudge any thride pairtie of thair lawfull richts, nor of thair actiones and defences competent thairupon befor the making of the saidis particular actes and actes of ratificatioun, bot that the lords of sessione and all other judges sall be obliged to judge betuix the pairties according to thair richts standing in thair persone befor the making of the saidis particular actes, and that in respect the saidis particular actes and actes of ratificatioun ar maid without hearing of pairties having interest and, thairfor, ar maid salvo jure cujuslibet. Lykas his majestie and estates declair that this is and was the trew meaning of all the actes maid in the preceiding parliaments intitulate, 'Acts salvo jure cujuslibet', excepting alwayes furth of this present act a ratificatioun of the mortificatioun of the abbacie of Dundrenan to the chapell royall in favour of the bischope of Dunblane, the act of ratificatioun of the benefice of Failfuird with the pertinents grantit to Maister Walter Quhytfuird, with the act of dissolutioun of the abbacies of Holyrudhous and Newabby, all past in this present parliament. Excepting also furth of this present act the act of ratificatioun and dissolutioun maid in favour of the Marques of Hamiltoun anent his richt to the impost of the wynes new and old gifted by his majestie to him for the space of saxteine yeirs specified in his gifts and grants maid to him thairupon. And also excepting furth heirof the ratificatioun of the contract past betuix his majestie and the Lord Lorne anent the heretable office of justiciarie within the bounds thairin mentionat, dated the thrid and tuentie thrie day of Apryll 1628 years, and of the chartour wnder the great seale, precept and instrument of seasing following thairupon, together with libertie of creatione of clerks and members of court, directing of precepts and letters of horning and power to denunce and with all uther priveledges thairin contenit; and siclyk of the thrie severall actes of counsall and ane act of exchequer all relative to his richts of the said office of justiciarie and in favour of the said Lord Lorne.