Legislation
Act for keeping the judicatories and places of publict trust free of corruption

The estats of parlement etc., taking to thair consideratioun that the Lord our God requires that such as bear charge amongst his people should be able men fearing God, hateing covetousnes and dealling truelie, and that many of the evills of sin and punishment under which the land groanes have come to pas becaus hitherto this hath not beene sufficientlie provyded and cared for; and being sensible of the great obligatioun that lyes upon thame be the Nationall Covenant and by the Solemne League and Covenant and by many deliverances and mercies from God and by the solemne engagement unto duties to advance religioun and righteousnes in the land and fill places of power and trust with men of approven integrity and of a blameles and Christiane conversatioune; and being convinced in ther consciences that their cannot be a more effectuall way for bearing doun of malignants and suppressing prophanitie, iniquity and ungodlines and rendering all the lawis alreadie made or heirafter to be made forcible and effectuall for the honor of God, the advanceing of religioun and righteousnes and the good of the liedges then that all the judicatories of the kingdome consist of and places of power and trust be filled with able and honest men, doe thairfor statute and ordaine that no persone that is malignant or disaffected to the present wark of reformatioun and covenants, and against whom thair is just cause of exceptioune or just grounds of jealousie incais of thair disaffectioun, nor any persone given to drunkennes, suearing, uncleannesse or any other scandalous offence, shall heereafter be chosen to be a judge or any officer of estate or magistrat or counsallour in burghes, clerks or deacons of crafts, or any officer of anie armie belonging to this kingdome or imployed in any place [of] power or publict trust within this kingdome, and that all such as shall be chosen to be judges, officers of estate, officers of the army, magistrats, counsallours in burghs, clerks, deacons of crafts or imployed in any place of power and trust within this kingdome, shall not onlie be able men, bot also shall be men of knowne affectioun unto and of approven fidelity and integrity in the cause of God, and of a blameles and Christiane conversatioune. And it is statute and ordained that if any malignant or scandalous persone shall be chosen to be judges, officers or imployed in any of the places aforsaid and other places of power and trust, or if efter they being called to be judges, officers and imployed in places of power and trust they shall mak defectioun to the malignancie as aforsaid, or give thameselffes to scandalous offences, ane or mae, that this, their malignancy and prophanitie conjunctlie or ather of them severallie being proven against thame, shall be a sufficient cause to the parlements of this kingdome, or any having power from them for that effect, to keep bak, remove or suspend these persons from the places of power and trust to which they are called or in which they are imployed, as their faults and crymes shall be found to deserve; but prejudice alwise to all other judicatories and persons having right be the lawis of this kingdome theirto to purge and fill all offices and places of power and trust within thair respective powers according to the tennor of this act, who are heereby required and ordained to doe the same as they will answer therupon to the parlement or any having power from thame in that behalff.

  1. NAS. PA2/24, f.141v-142r. Back
Act anent mines and mineralls

The estats of parlement etc., taking to ther consideratioun the great prejudice of the liedges in that taks and donatiounes have beene granted be the king's matie of the mines and mineralls of the kingdome, wherethrow the liedges have beine subject unto the saids donator's wills and malice by haveing power to open thair grounds, destroy thair policie, woods, houses and orchards to the divesting of them of thair propertie, whereby they are most unwilling to detect and discover the presumptions of mineralls within ther grounds. For remedie whereof, and for secureing the liedges of thair property and encreassing of the wealth of the kingdome, it is statute and ordained that it shall not be lesum to the masters of his maties mynes and mineralls and mettalls, or to anie others by infeftments, rights, securities, warrants, tak or commissioun graunted or to be graunted by his matie or his royall predicessors, to open and search any of the liedges grounds for mineralls untill the heritors therof be cited before the lords of counsell or exchequer, to hear it found and declaired that thair are probable presumptions of the saids mineralls in his ground; which being found, the said estats declaires and ordaines that the said heritor himselff be preferred, hee finding cautioun to use diligence within three yeires thairafter for searching, working and wining the said mineralls, and paying thairfor [the] tenth part of all ure and mettall found therin to his maties donatour or master of his maties mettall or master refyner therof according to thair respective places; and if the heritors failzie in working of the saids mineralls of his owne accord, or in craving preference or finding cawtioun, or doeing diligence within the space forsaid, that then and in that caise the master of his maties mettalls or the said donator or persons having warrant as said is shall have power and warrand graunted to thame to search, win and dispose of the saids mettalls and mineralls, bot withall not to destroy the said heritors policie except upon necessity provin before the said lords of counsall or exchequher; and shall be obliedged to pay to the said heritors the wholl damnage and interest sustained be thame throw the breaking and spoylling of ther ground and policie forsaid in the searching, working and wining of the saids mineralls. It is alwise provyded (incais of the saids heritors useing diligence as aforsaid) that thir presents shall nowise be prejudiciall to the master of his maties metalls in so far as may concerne his maties tenth part therof allenerlie. And the estats of parlement doe heereby retreit, rescind, casse and annull all infeftments, rights, securities, taks, donations or other gifts quhatsoever graunted by his matie or his predicessors and all acts of parlement, councell or others heirtofore made or graunted to any persone or persons whatsoever which may anywise prejudge or dirogat from this present act, declairing the same to be voyd and null. And for the more effectuall searching and wining of the saids mineralls, the estats of parlement doe heereby declair that it shall lesum to the said heritors to bring hame to this kingdome strangers, ane or mae, skilled therin, and for ther further encowragement, doe heereby ratifie and renew the wholl priviledges and immunities speciallie from watching or warding graunted to them or ther warkmen in any acts of parlement, councell and others made at any tyme heeretofore theranent. And the saids estats doe heereby declare that all heritors eo ipso that they have right to any lands they have in all tyme comeing shall have right to all and whatsoever mineralls within the saids lands without any necessity of taking speciall and particular infeftments, paying and doeing diligence as is aforsaid.

  1. NAS. PA2/24, f.141v-142r. Back