Procedure: articles proposed by the king; king's letters to the estates

Thereafter the said lord chancellor produced and exhibited before the said estates the articles and missive letters underwritten, of the which the tenor follows:

Charles Rex
Articles to be by [Sir George Hay of Kinfauns], our chancellor, proposed to the convention
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Regarding victual

That a competent price be set on all sorts of victual, which price if the said victual exceed at a certain day, it shall be lawful to import victual at the easiest rate of custom and in no way to transport any under the pain of confiscation; but if the victual at the said day shall be under the price appointed, then shall it be lawful to transport the same paying the custom but in no way to import any but paying such custom as shall be imposed.

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Regarding granaries

That the estates make, choose and design such places as they shall think most fit to be public granaries wherein there may be storehouses for preserving of all sorts of victual and such store of provision in the said storehouses as may prevent the extremity of famine when bad years shall happen, of the necessity whereof we have lately had the experience.

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Regarding shipping

That considering the necessity of shipping both for benefit and safety of that kingdom, the estates would take to their consideration how the best encouragement may be given to merchants and seafaring men to provide store thereof, for it is a great shame that notwithstanding the multitude of safe and convenient harbours in that our kingdom, yet if any invasion shall be made by sea the least means of resistance cannot be used by shipping.

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Regarding the custom of coal

That seeing the very vessels appointed only for carriage of coals afforded us plenty of serviceable ships at the last setting out of our navy, and seeing there is no small occasion of having the like in that kingdom wherein there is such plenty of coal if our subjects had the only traffick thereof and to prevent that henceforth that kingdom be not prejudiced as hitherto it has been by having that commodity only transported by strangers, it is our special pleasure that by act of convention the custom of 48s Scottish money be imposed on every tun of coal transported in stranger ships at any time hereafter, which is far less than they pay here in England. Neither will we any longer suffer that shameful abuse whereby for the filthy gain of a few the whole kingdom is wronged and strangers preferred to our natural subjects.

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Regarding the drapery of wool

That the estates would take to their consideration how the course concerning the drapery of wool (which was so earnestly recommended by our late dear father of famous memory) may be prosecuted, considering what benefit would redound to that country thereby and what prejudice the exporting of wool does both to that kingdom and this.

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Regarding the procuring of offices by bribery

That it be enacted that whosoever has procured office of estate, place in session or any other place or office whatsoever by bribery either of money, land or by securing a part of that which of right belongs to the said office or place, in that case the place or office so purchased shall be forfeited to us and be at our disposition. And whosoever shall acquire office or place in session hereafter by such or the like unlawful means, the same to be likewise forfeited to us.

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Regarding convocations at parliaments and council

That no prelate, nobleman or other whosoever shall repair to the town or place where our council shall sit for the time nor to any convention or parliament at any time hereafter with greater trains or better accompanied than with his ordinary household servants, under the pain of being censured by our council as a condemner of our authority.

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Regarding the repairing of the lords of session to the session house

That no lord of the session shall repair to the session house at any time hereafter better accompanied than with his ordinary household servants, and that he come thither in a seemly manner on his horse with a foot cloth, and that under the pain aforesaid.

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Regarding compearance before the council

That no person or persons of whatever quality shall at any time hereafter present themselves before the council table, either as pursuers or defenders, but by themselves alone or accompanied with one at the most when our council shall allow thereof.

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Regarding compearance before the session

That no person or persons of whatever quality shall at any time hereafter compear before the lords of session, either as pursuers or defenders, accompanied with any saving his advocates and agents only, under the pain aforesaid, for it is intolerable that justice should seem to be procured by threatening or convocation as though justice were not so ready for the poor as for the great ones.

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Regarding soliciting of the lords of session

That it shall not be lawful for any person or persons whatsoever to use solicitation of any of the lords of session before noon otherwise than by his procurators pleading at the bar, for it is a great wrong that a judge should scarce have time given him in a morning to use his devotion for importunate solicitors.

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Regarding merchants

It would likewise be considered how the merchant estate might be enforced to continue their trade of merchandise and not be suffered to quit the same and turn usurers when they have acquired some wealth, for then is the time when in reason they ought to continue their trafficking as having acquired means to maintain the same, so as if a small loss should happen they are able to recover the same, where a poor beginner would be quite undone if such a loss should befall to him, besides the many years which must be bestowed in attaining to such wealth.

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Regarding the children of noblemen remaining beyond sea

Charles Rex, right trusty and right well-beloved councillor, right trusty and right well-beloved cousins and councillors and right trusty and well-beloved councillors, we greet you well. Whereas we are credibly informed that diverse children, both of noblemen and others our natural subjects of that our kingdom, have been heretofore sent over into seminaries, colleges or other houses of popish religion beyond the seas and are there remaining to be brought up, contrary to our laws established, and also that there be diverse Jesuits and seminary priests frequenting and repairing to the houses of many of our subjects in that realm and that papists do increase there, whereof, knowing the dangerous consequences and being desirous that our good subjects may take notice of our readiness and constant resolution to maintain the true religion professed and by law established in that our realm and upon all occasions to suppress all contrary, therefore it is our pleasure that with all convenient diligence you cause make public proclamation at the market crosses of all the chief burghs in that our kingdom, charging and commanding that all the said children before 1 May 1626 return into their native countries and conform themselves to live in such duty and obedience as becomes good subjects; and that their parents, tutors, governors and such others as have been or are faulty either in sending, permitting or maintaining them there take present order to recall them home and to provide that they be returned into their own countries upon the day aforesaid under the pain of the utmost severity of our justice to be extended in that behalf. Also, upon the like pain, straitly charging and commanding that no bishop, priest or other person having taken or which shall take orders by or under any authority or power derived from the see of Rome, whether he or they be natural born subjects or strangers, do presume to confer any ecclesiastical orders or exercise any ecclesiastical function or jurisdiction whatsoever towards, or upon, any of our natural born subjects in that realm. Likewise expressly charging and commanding all and singular judges and justices to whom it appertains that all the laws and statutes now standing in force be put to due execution against all Jesuits, seminary priests and others having taken orders by any authority from the see of Rome being our subjects who, from and after 1 February 1626, shall be found in that our kingdom; which day we limit and prefix for the utmost time of their departure. Giving also warning by the said proclamation to all our loving subjects that after the said day they do not receive, harbour, entertain, relieve or conceal any of the said Jesuits, seminary priests or other popish priests under the pains by our laws provided in that behalf; and likewise charging all our subjects of whatsoever rank or degree to conform themselves to the public profession of the true religion, prohibiting the exercise of any contrary profession under the pains contained in the laws made against the contraveners, commanding also all archbishops and bishops in their several diocese to proceed against such as are known to be of a contrary profession according to the laws of that church and realm. And the said proclamation to be printed and affixed on the market places that none pretend ignorance thereof. Farewell. Given at Sarisbury, 22 October 1625.

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Regarding wappenschaws

Charles Rex, right trusty and right well-beloved cousins, right reverend fathers in God and reverend fathers in God, right trusty and right well-beloved and others our trusty and well-beloved subjects presently assembled in convention, we greet you all and every one of you heartily well. Whereas it is not only requisite that our subjects of that kingdom should be taught and trained up in military discipline, but also be provided of sufficient store of arms of all sorts according to their several ranks, to the intent that upon all occasions they may be both fit and ready for our service and the defence of their country, it is therefore our pleasure that you make intimation to every one before a certain day by you to be prefixed to provide and furnish himself with such armour and weapons as shall be enjoined to every one according to his rank, under such penalties as you shall think convenient to enjoin. And whereas the broil which not long since fell out between the Hollanders and Dunkirkers in the very harbour of Leith, to our no small discontentment and public disgrace of that whole kingdom, has given us sufficient proof of the necessity of forts to defend the harbours and towns thereto adjacent from sudden surprises, it is our pleasure that you give order to Sir Andrew Gray, general muster-master of that our kingdom, to visit all the sea ports therein with such diligence as conveniently may be and to advise and consider of the most convenient places whereupon to raise bulwarks and blockhouses for the best defence of the same, of what form the several fortifications shall be and with the advice of skilful workmen conclude to what charges the building of every one of them will extend, and to certify our council thereof. And that you in the meantime resolve upon some solid course how means may be furnished for defraying the charges of the building the said forts to the intent that upon the report of the said Sir Andrew Gray back to our council they may presently give order to workmen to go in hand with the said fortifications. And this most earnestly recommending to your special care and dispatch, we bid you farewell. Given at Sarisbury, 24 October 1625.

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Regarding the coin

Charles Rex, right trusty and right well-beloved cousins, right reverend fathers in God etc. Whereas we understand that that our kingdom is so spoiled and destitute of money as little or none is left therein, our own coin being transported to other countries and there sold as ordinary merchandise, to the great hurt as well of our self as that whole kingdom, we have thought good by this letter to require you to take that matter to your consideration and advise and resolve upon the best course how monies may again be brought into that kingdom and increased therein, either by causing all the transporters of money to be called before our council and such of them as shall be convicted, either by their own confession or by witnesses, to be enjoined to import as much money as they transported and so much more as shall be thought fit for a penalty, or by ordaining our treasurers to take no other satisfaction for the bullion but the bullion itself in foreign monies to be put to the mint as the inviolable custom was heretofore, or by making a restraint of importation of unnecessary wares to the effect that goods which must be transported for bringing in of them may be sent for necessary commodities, or by making of societies and manufactories in all the principal burghs for making of stuffs and other wares (which now are usually brought from foreign parts) wherewith to serve not only the inhabitants of the country but also foreigners by transporting and selling or exchanging the same for other wares, for one of the best means to enrich a kingdom with monies is to sell much ware for money and to bestow little or no monies at all upon wares to be imported, but to interchange wares for other necessary wares, and the erecting of societies would be a means to hold many poor and idle people at work and industry. And seeing other countries (specially those with whom our subjects have daily commerce) have already raised and daily do raise their monies to a high rate, whereby we are much prejudiced so long as our monies are not raised also for their foreign monies which were a par to ours being raised and not ours they make gain of our monies before we be aware or made acquainted with the raising of their money, and therefore advise and resolve if you think it a good policy in respect of our commerce with them ever to raise our monies to as high a rate. And whereas it may be objected that there those will be prejudiced who have set their lands in feu or long leases for a certain duty according to the rate of the monies then in use, you may advise if you think it good and fitting for remedy hereof that an act of parliament be made ordaining that for every shilling or pound which the tenant or debtor is obliged to pay of old he shall now and hereafter pay as much more as the monies are raised to; as for an instance suppose the twelve pence be raised to sixteen pence, then he who before was obliged to pay twelve pence or twelve pounds shall pay hereafter sixteen pence or sixteen pounds by his bond, contract, tack or lease; at a word that you advise and resolve upon all such means as you shall think most fitting for increase of monies in that kingdom with least prejudice to us and our subjects and make us acquainted therewith that we may give way thereto in such manner as shall be most expedient. And the premises earnestly recommending to your special care, we bid you all and every one of you farewell. Given at Sarisbury, 24 October 1625.

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Regarding the poor

Charles Rex, right trusty and right well-beloved cousins and councillors, right reverend and reverend fathers in God etc. Although there be many good laws made for maintenance of the poor in that our kingdom, yet we understand that there is no settled course taken for the same but they still go in begging through the country and in burgh towns upon the streets, so as our subjects cannot pass in our highways for their importunity and pitiful crying, whereas other well reformed kingdoms take such order with their poor as they go not in public begging as yours do, to the great scandal and shame of your nation and to the dishonour of God in suffering all sorts of vices, atheism and impiety to reign amongst them without correction or discipline because they dwell in no certain place where the magistrates, either civil or ecclesiastical, might take order with them, which were enough although there were not any other crying sin in that land to bring the fearful judgements of God upon it. And seeing we intend (God willing) to come into that kingdom shortly for receiving of our crown (at which time it were unseemly that either we or such strangers as shall accompany us should see such uncharitable carelessness and disregard of the poor as they should be suffered to go abroad in such pitiful necessity for want of competent means to maintain them in houses), it is therefore our pleasure and we require you with all convenient diligence to ordain by act of convention a proclamation to be published in the most eminent places of that our kingdom commanding all archbishops, bishops, ministers, sheriffs, justices of the peace and magistrates of burghs to put the former acts of parliament in execution concerning the maintenance of the poor within their own parishes and the punishment of strong and idle vagabonds; and that our council call before them such persons as shall be found either remiss in putting of the aforesaid acts in execution or to disobey such orders as shall be prescribed to them for maintenance of their poor. And because there be some things in the said former acts which, seeming to be obscurely set down, have not been duly put in execution, therefore, by act of convention, you shall clear the said obscurities, as namely whereas by the former acts all beggars are ordained to repair to their own parishes there to be maintained, yet there be many who have ever been beggars from their youth and being begotten in begging never had any residence at all and so have no parish to resort to. For remedy whereof, you shall ordain the names of all who have no certain place nor parish to be taken up and themselves divided amongst the parishes in the kingdom to be maintained by them proportionately as if they had been born therein. And to the effect that their names may the better and more easily be taken up, let all such poor as have not certain parishes be warned publicly by open proclamation at all the market crosses in the kingdom to compear within the head burgh of that sheriffdom wherein they shall be at the time of the proclamation upon a certain day before the justices of the peace of that shire, whom you shall ordain to convene at that day, and give them power to divide amongst the parishes of their shire to be maintained in those parishes where they shall be placed, as if they had been born therein, those begging strangers who shall compear before them on the day appointed, giving their oath that they do know no certain parish to which they can resort; with power also and commandment to the said justices to go with the said poor to the particular parish kirks of the parishes to which they shall be appointed, and to see provision made for them among the native and kindly parishioners, for seeing the said begging strangers are a burden to the whole kingdom, it were better and much easier for each shire and each parish to have their own just part of that number to maintain in houses than to maintain them going yearly as vagabonds. Secondly, whereas by the former acts each parish is ordained to maintain their own poor, whereby clearly it is to be understood that each parish shall maintain their own poor in houses within their parish and not suffer them go abroad in begging, yet many parishes do make their poor go in public begging through their parishes, commanding them to keep themselves within the same, whereupon many evils do follow, as namely by that mean the poor are held idle, whereas if they were held in houses they might be exercised about some industry for the help of their maintenance. Next, by that mean they are many times disappointed of their maintenance from diverse of the parishioners, indeed, even of those who may best help bestowing either little or no alms at all, whereby the poor are compelled to break loose again and go abroad in the country. For remedy whereof, let it be ordained by the said act of convention that the minister and elders of each parish shall place their poor in houses and according to their number let them set down a stent upon each portion of rent paid in the parish and upon each farmer and householder according to his worth, which either in victual or money will extend to as much as will furnish and advance the particular quantity which shall be esteemed sufficient for maintenance of each person to be delivered weekly to them; with power also and commandment to the said justices of the peace to assist each minister to set down the said stents upon the duty paid in each parish and upon the indwellers thereof, and to command their constables to poind and distrenzie for the same in case need be. Thirdly, whereas by former acts of parliament it is ordained that all parishes shall maintain their own poor, in the which act by all parishes is not to be understood only indwellers in the parish, but the rents paid out of the parish to the owners thereof, wheresoever they remain, whether in burgh or abroad in the country, for otherwise it should fall out very often that the burden of the maintenance of the poor should lie upon the poor labourers of the ground in many parishes wherein none are dwelling but poor labourers and cottars, their master to whom the rent of the parish does belong being dwelling abroad, yet through not consideration hereof in many parishes the poor are disappointed. For remedy whereof, you shall ordain that the stent for maintenance of the poor in each parish shall be set down upon the rent paid out of each parish wheresoever the master thereof does dwell and upon the farmers and others proportionately, and the constables be ordained to have power to distrenzie if need be, as well the ferms of the heritors for the portion imposed upon them as the other indwellers for their parts. And this recommending to your special care, we bid you all and every one of you farewell. Given at Sarisbury, 22 October 1625.

  1. NAS, PC1/31, f.70r. Back
  2. NAS, PC1/31, f.70r-v. Back
  3. NAS, PC1/31, f.70v. Back
  4. NAS, PC1/31, f.70v. Back
  5. NAS, PC1/31, f.70v. Back
  6. NAS, PC1/31, f.70v. Back
  7. NAS, PC1/31, f.71r. Back
  8. NAS, PC1/31, f.71r. Back
  9. NAS, PC1/31, f.71r. Back
  10. NAS, PC1/31, f.71r. Back
  11. NAS, PC1/31, f.71r. Back
  12. NAS, PC1/31, f.71r. Back
  13. NAS, PC1/31, f.71r. Back
  14. NAS, PC1/31, f.71v-72r. Back
  15. NAS, PC1/31, f.72r-v. Back
  16. NAS, PC1/31, f.72v-73r. Back
  17. NAS, PC1/31, f.73r-74v. Back