Convention
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Sederunt as on the aforesaid day.
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The estates presently convened, having considered his majesty's princely care and regard to have the subjects of this kingdom well and sufficiently provided with arms and having respect therewithal to the reports and rumours of foreign preparations throughout diverse parts of Christendom, and they finding it very necessary and expedient that in this time of the universal combustion throughout Christendom that the subjects of this kingdom shall be prepared and in readiness as well for pursuit as defence as the occasion and necessity of their service shall require, therefore the estates ordain a general muster and wappenschaw to be made throughout this whole kingdom both to burgh and land upon 28 December 1625, to the intent the people's provision of arms may be known and some beginning given to train them in military discipline; and after report to be made of these musters, the estates ordain that the laws formerly made regarding musters and provision of armour and warlike exercises shall be prosecuted and followed out. And touching the proposition made by his majesty regarding the building of forts and blockhouses, the estates carefully recommended the same to the burghs present, and how soon Colonel [Andrew] Gray shall come in this kingdom, the estates ordain the overture proposed by his majesty regarding the building of forts and blockhouses to be prosecuted and followed out. The estates likewise find it fit and expedient that his majesty shall be humbly entreated to send about two ships for guarding of the Firth [of Forth] and securing of the trade.
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Follows the proclamation commanded to be made by the estates regarding the wappenschaw:
Forasmuch as the estates presently convened, considering how that the king's majesty's predecessors of famous memory having a special care and regard that all the subjects of this kingdom should be well and sufficiently provided with armour and exercised in the use and handling of their arms whereby they might be the more able and prepared to hold hand and to concur in all the public affairs and services of the estate, as well touching pursuit as defence as the necessity of their employment in service should require, they for this effect made many good acts of parliament, convention and secret council containing not only the form and manner how all his majesty's subjects of all ranks and qualities, as well to burgh as to land, should be armed, but with that they appointed general musters and wappenschaws to be made every year throughout the whole kingdom, as in the said acts at length is contained; the execution whereof has been neglected and disregarded these diverse years bygone, and that loveable custom of wappenschawing which was so necessary for the strength of the kingdom is now become in desuetude partly through the laziness of the people themselves, but specially through the sloth and careless negligence of the magistrates to whose office and charge the execution of the said acts appertains. And the estates finding it very necessary and expedient that in this time of the universal combustion and reports and rumours of foreign preparations throughout Christendom that the subjects of this kingdom shall be prepared and in readiness upon all occasions, as well for pursuit as defence, and that the loveable custom of wappenschawing which is warranted by so many good laws, acts and constitutions shall be again renewed and brought in custom, they have for this effect appointed a wappenschaw to be made throughout all the sheriffdoms of this kingdom, as well to burgh as to land, upon 28 December 1625. And therefore ordain letters to be directed to make publication hereof by open proclamation at the market crosses of the head burghs of this kingdom and other places needful, and to command and charge all and sundry his majesty's lieges and subjects, as well to burgh as to land, regality as royalty, that they and every one of them prepare and address themselves well and sufficiently armed according to the acts and proclamations formerly made thereupon to give their musters and wappenschaw upon the said 28 November† 1625, in presence of the sheriffs, stewarts, bailies of regalities and provosts and bailies within burgh, every one of them within their own bounds, certifying those that fail and be absent from the wappenschaw, or that be not armed accordingly, that the pains contained in the said acts shall be uplifted of them without favour; as also charging all sheriffs, stewarts, bailies of regalities and royalties and provosts and bailies within burgh, that they and every one of them within their own bounds, office and jurisdiction attend and await upon the said wappenschaw, and do and perform that which to their office and charge in that case appertains and that they and every one of them make a perfect report in writing to the lords of his majesty's privy council how, and in what form, the said wappenschaw was made and the subjects were armed within a month at the furthest after the making of the said wappenschaw as they and every one of them will answer to his majesty upon the dutiful discharge of their office at their highest charge and peril.
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Regarding the article for the victual and the prices to be set thereupon upon occasions of importation and exportation, the estates understand that this matter is already in dependence before the lords of secret council between the barons and the burghs and that 6 December 1625 is appointed for hearing thereof, therefore the estates have remitted that matter to the said lords of secret council with the other article regarding the granaries and recommends to them to have a special care of that which shall seem most fit and expedient for the well of the country.
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Regarding the article for provision of shipping, the estates recommend the same to the lords of privy council and to the burghs.
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Regarding the article touching the imposing of 48s of custom upon every tun of coal exported in strangers' ships, the estates, having heard the owners of the coal pits upon both sides of the Firth of Forth concerning that article, they constantly affirmed and declared in presence of the estates that they were at such extraordinary charges in the maintaining of their water-works that the whole country's sale and dispatch of their coal in a year will not maintain their water-works one month and that they are not able to uphold their works without an abundant dispatch of their coal by strangers; and that there is not shipping in this country to transport a very small part of coal, and if this new custom be imposed it will be a deterrence and hindrance to strangers to come here for coal, to which they are allured more by the ease they have in the price than for any necessity they have of our coal; and if the trade fall, without the which the owners are not able to maintain their works and coal pits, the same will perish without any possibility of recovery at any time hereafter, not only to the utter undoing of the owners but to the extreme hurt and prejudice of the country, which by this occasion will be destitute of all the sea coal within the kingdom, besides the miserable downfall of many hundred families of poor people whose only maintenance depends upon these works and without the which they will be all turned beggars. The estates having at length heard the said owners upon this point and the truth of their affirmation being known to sundry of them and the matter being put to voting, it was found that without an obvious and evident hurt to the country this custom could not be imposed upon the coal.
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The estates remit the prosecution of the article concerning the drapery of the wool to the lords of his majesty's privy council.
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The estates, having considered of the royal and princely proposition made to them by the king's majesty touching the procuring of offices and places by bribery, statute and ordain that whosoever of what rank or quality they be shall at any time hereafter acquire or purchase any place of judicatory within this kingdom by bribery or other unlawful means, that the place and office so purchased shall be forfeited to his majesty and be at his majesty's disposition; and that this act be in no way extended to the past.
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Whereas there have been diverse acts of parliament, convention and secret council made and published heretofore whereby all his majesty's subjects were discharged to repair to the town or place where his majesty's parliament, convention, council or justice sits with greater trains than is allowed to them by the said acts, under certain pains mentioned and contained therein, notwithstanding the not execution of the said acts and punishing of the offenders has procured the break and violation of the same acts to the high contempt of his majesty's authority and laws; therefore the estates ordain all the said acts to be put in execution against the contraveners thereof, and recommend the prosecution of the same to the lords of secret council. And also the estates statute and ordain that no person nor persons of whatever rank or quality they be present themselves before his majesty's council, either as pursuer or defenders, but by themselves alone, accompanied with one at the most when the council shall allow thereof, under the pain to be punished for that at the arbitrament of the council.
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The estates, considering that one of the chief causes which has procured the scarcity and penury of monies within this kingdom has proceeded from the importation of unnecessary wares, whereof the country stands not in need, and from the exportation of the proper monies of the kingdom and selling of the same as ordinary merchandise in foreign countries, whereas if the native commodities of the country were virtuously used and employed upon the importation of necessary commodities, and if this wicked and mischievous trade of exporting of monies were adverted to and punished, the penury and scarcity of monies would not be so universally aware and apparent. And seeing there are good acts already made and standing in force both against the importation of unnecessary wares and the exportation of monies, the not execution whereof has produced this common evil and want of monies, therefore the estates ordain all the said acts, together with the acts made regarding the prices of sowans† and English beer, to be put to execution and the contraveners thereof to be severely punished. And the estates recommend to the lords of secret council the due prosecution of the said acts and the discovery and punishing of the offenders. And also, the estates ordain and command the master of his majesty's mint that he at no time hereafter take any other satisfaction for bullion but the bullion itself in foreign money as he will answer upon the contrary at his peril.
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The estates presently convened, considering the great hurt and inconvenience that his majesty's good subjects of all ranks and degrees have sustained these diverse years bygone by the rebellion and contemptuous lying at the horn of so great numbers of undutiful persons of whom a great number having filled their hands with other men's goods and having engaged their friends as cautioners for them, they not only become careless of their credit and senseless of the distresses and miseries which their creditors and cautioners underlie, but many of them pass the time in riot and contentment and in prodigal householding and feasting, unnecessarily spending that upon their tables which in some measure would pay a part of their debt, and others lie at the horn for criminal causes and for insolent acts and riots committed by them; and it has oftentimes fallen out when these rebels have been pursued to be apprehended by his majesty's sheriffs and other officers to burgh and land that they have made opposition and resistance with unlawful weapons, for remedy whereof in time coming, the estates statute and ordain that all sheriffs and other officers to whom it appertains shall be commanded to take the rebels and their houses and to put and hold the rebels, their wives and bairns out of the same during their rebellion, and to make inventory of their goods and gear being therein. And if opposition and violent resistance shall be made by the rebels, that they shall be thereupon called to their answer before his majesty's council. And if they compear and upon a lawful trial shall prove guilty, they shall be exemplarily punished. And if they be absent and so take the crime upon them, they shall be declared rebels and fugitives and commission shall be given out against them, as in cases criminal, to the sheriffs and other officers for pursuit of them with fire and sword, and proclamations shall be directed commanding the country to assist the magistrates.
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The estates presently convened, considering how that the commissioners nominated by the parliament held at Edinburgh in the month of June 1617 for reducing of the weights and measures of this kingdom to a conformity have, with great pains and travails and with sound judgement, mature advice and deliberation, brought that work to a good and happy conclusion by establishing and setting down a perfect and just form of measure and weight, whereby all his majesty's lieges are commanded to buy and sell, receive and deliver their victual and other commodities under certain pains contained in the act and the ordinance made relating thereto, as in the same inserted and registered in the books of parliament and duly published at all places needful, through which none of his majesty's subjects can with reason pretend ignorance of the same, at length is contained. Notwithstanding whereof, it is clearly understood to the estates that this act importing so far the general good of the kingdom is in a manner become in desuetude throughout many parts of this kingdom and people have taken the boldness, without fear of the law or regard of his majesty's royal authority, to renew the former abuse of buying and selling, receiving and delivering of victual and other goods with different weights and measures, everyone making choice of measures according to their unruly appetite and as their avaricious and greedy humour leads them. And besides this public contempt and break of the law there is another abuse renewed, which formerly was discharged by act of council and proclamations published throughout the kingdom, namely the exacting of one peck or more under the name of charity to the boll; and this abuse is fostered and maintained by numbers of the rude and godless multitude as namely by maltmen, meal-makers, bakers and other persons, coopers and traders with victual, who, out of their avaricious and godless humour, will neither buy nor receive victual unless they get one peck or more of charity to the boll, doing thereby what in them lies to frustrate and make void the execution of the said act of parliament and to draw upon his majesty's subjects and namely upon the poor farmers and labourers of the ground such a heavy yoke and burden as they are not able to underlie making them lose a boll or more of every chalder of their ferms. For remedy whereof, the estates, according to their former acts and proclamations made thereupon, charge and inhibit all his majesty's lieges that none of them presume nor take upon hand to receive or deliver any victual or other merchandise and goods but with the measures and weights appointed and set down by the said act of parliament and according to the precise rule, form and order mentioned therein, without exacting, craving or receiving of any charity to the boll or using any other form of kinship, policy or circumvention to abuse his majesty's subjects in receiving and delivering of their victual or to frustrate the execution of the said act of parliament, under the pains contained in the acts and proclamations formerly made thereupon, which pains shall be executed upon them without favour. Charging hereby all his majesty's officers and magistrates to burgh and land and others to whose office and charge the execution of the said acts appertains, to cause diligent attendance be given, every one of them within their own bounds, where and by whom the said acts are violated and to take such course and order for punishing of the same as by the tenor of the said acts is enjoined to them as they and every one of them will answer to his majesty and his council upon the dutiful discharge of their office.
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Regarding the article bearing that the lords of council and session shall repair to the session house in a seemly manner on horse with their foot cloths, finds that many of the lords of session have their dwellings very near the session house and some of them dwell in narrow closes where there is not a convenient passage for horse, and the calsay being dangerous to be ridden upon, it is therefore not thought convenient that they shall be tied to this necessity of riding.
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Regarding the article ordaining that no party shall compear hereafter before the lords of session with any but their advocates and agents, the estates find it not fit that the nobility and barons of good sort should be debarred from hearing of actions pleaded before the session for their better information and enabling of them for his majesty's and the country's service, and therefore they recommend the ordering of this matter to the lords of session.
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Regarding the soliciting of the lords of session, the estates understand that this is already provided for by an act of session and therefore they recommend to the session the careful execution thereof and that there be no solicitation but by writing.
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Regarding the article toward the poor, the estates remit the same to the lords of privy council, ordaining them to have a care to see that matter receive execution.
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Regarding the article touching the merchant estate how they may be enforced to keep their trade and not to turn usurers when they have acquired some wealth, the estates remit the same to the consideration of the parliament.
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And touching the article towards the raising of the prices of the coin, the estates find this to be a matter which requires good advice and deliberation and which cannot be summarily digested at this meeting as the importance of the cause requires. Therefore, the estates nominate the earls [John Leslie, earl of] Rothes, [John Lyon, earl of] Kinghorn and [John Maitland, earl of] Lauderdale, [James Ross], lord Ross, [John Hay, lord] Yester, [John Campbell, lord] Loudoun, [John Elphinstone, lord] Balmerino and [David Carnegie, lord] Carnegie, or any four of them, for the nobility; the bishops [Andrew Lamb, bishop of] Galloway, [David Lindsay, bishop of] Brechin and [John Abernethy, bishop of] Caithness, or any two of them, for the clergy; the lairds [Sir Archibald Stirling of] Keir, [Sir John Stewart of] Traquair, [Sir William Grierson of] Lag, [Sir John Charteris of] Amisfield, [Sir James Learmonth of] Balcomie, [Sir Alexander Nisbet of] West Nisbet, Sir James Dundas [of Arniston] and Sir John Hamilton of Lettrick, or any four of them, for the small barons; and the commissioners to be appointed by the burghs of Edinburgh, Dundee, Aberdeen and Glasgow, to convene and meet with his majesty's council upon the last council day of February, to confer, treat and reason upon the good and expediency of this article to the intent a report may be made of their opinions to his majesty.
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Regarding the supplication given in by the small barons to the estates presently convened purporting that they were informed that his majesty intended to make some alteration in the session which was a sovereign and high court, whereof the foundation was with great wisdom and judgement built by his majesty's great-grandfather of happy memory with the consent of the estates of parliament, and that the authority of this court has been since illustrated with many privileges flowing from succeeding princes, and specially from his majesty's dearest father of blessed memory, and therefore desiring that the estates would join with them in their humble petition to his majesty that his majesty would be pleased not to make any alteration thereof without the advice of the estates of this kingdom. Their petition being heard and some objections made against the same that as his majesty was a just and upright prince who sought nothing but the good and well of his people, so there was no subject that with reason could suspect or mistrust the sincerity of his majesty's proceedings either in that or any other thing else, yet they continued very instant to have the voices of the estates thereupon. Which being granted and their votes taken, they all agreed to join with the barons in their petition that his majesty should be humbly entreated that if he intended any alteration in the session from that which was established in parliament, that his majesty would be graciously pleased to follow out the same by the advice of the estates of this kingdom in parliament.
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Regarding the petition given in by the small barons purporting that they sustained very great prejudice by this new erected order of baronets and the precedency granted to them before all the small barons and freeholders of this kingdom, wherein they pretended great prejudice in their privileges and dignities possessed by them and their predecessors in all preceding ages and therefore they desired that the estates would join with them in their humble petition that his majesty might be entreated to suspend the precedency granted to these baronets until the time that the plantation for the which this dignity is conferred be first performed by the undertakers. Whereupon Sir William Alexander, chief undertaker of this plantation, being heard, and he having objected to them his majesty's royal prerogative in conferring of honours and titles of dignity in matters of this kind, importing so far the honour and credit of the country and that his majesty's prerogative would not admit any sort of opposition and that this suspension of the undertakers' precedency would frustrate the whole plantation, after that the small barons had most humbly protested that the least derogation of his majesty's royal prerogative should never enter in their hearts and that their petition was in no sort contrary to the same, and that they acknowledged that the conferring of honours did properly belong to his majesty as a point of his royal prerogative, and they undertook that if it were found convenient by his majesty and the estates that this plantation should be made that they upon their own charges would undertake the same without any retribution of honour to be given, therefore, the estates having at length heard both the parties, it was found by plurality of votes that the estates should join with them in their petition foresaid.
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Regarding the petition of the small barons and commissioners for the burghs whereby they craved a discharge of penal statutes, with the reservations and exceptions contained in the act of parliament held in August 1621, the estates are humble supplicants to his majesty that their desire may be granted, [John Erskine, earl of Mar], treasurer, protesting that the concealers of monies and [James Stewart], earl of Moray protesting that the resetters of the Clanchattan and the comforters of them in their rebellion may be likewise excepted.
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Regarding the petition of the small barons and commissioners for the burghs craving a modification of annualrents, the estates find that they cannot meddle therewith without a parliament.
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Regarding the abuse of messengers of arms in the execution of charges for the extraordinary taxation upon the annualrents, to the heavy grievance of the subjects, as well to burgh as land, the estates remit the order taking therewith to the lords of privy council.
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Regarding the grievance of the barkers touching the matter of the tannage, the estates ordain [John Erskine], lord Erskine to confer with the burghs in relation thereto, and what course they shall think convenient to be taken in that matter for the said lord's satisfaction, the estates will consider thereof accordingly.
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The estates ordain that the commissioners nominated for collection of the contribution towards the repairing of the bridges of Musselburgh and Linton shall be called before the council to give an account of the execution of their commission.
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And because the estates could not conveniently attend to make their report to his majesty of their proceedings of this convention, they committed the charge and trust of the making of this report to such of his majesty's council as should be present.
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Follows the council's letter to his majesty:
Most sacred sovereign,
This convention of your majesty's estates which by your majesty's direction was called to 27 October 1625, being that day very solemnly and with a frequent and famous number of the nobility, clergy and commissioners for the shires and burghs precisely kept and the taxation granted as our former letter to your majesty did signify, upon 1, 2 and 3 November, the estates having proceeded to the consideration of the propositions and articles sent down by your majesty, as well concerning the church as policy, wherein your majesty has so livelily expressed your princely and tender regard and your exceedingly great care towards the well and flourishing estate of this your native and ancient kingdom, they first, to their unspeakable comfort and contentment, did with most submissive and humble thanks acknowledge your majesty's singular care of them, for the which they and all of them were very instant with their prayers to God for your majesty's long and happy reign. And thereafter the particular articles being proposed to them in order, and for their better information and resolution, copies of the same being delivered to every estate and competent time assigned to them to be advised therewith, and at their next meeting every article was reasoned and discussed apart. And first that regarding Jesuits and seminary priests and the children of noblemen and others remaining in seminaries and colleges of popish profession beyond sea, this article was with unanimous consent of the whole estates embraced and allowed and present direction given for printing and publishing of the same. Thereafter there was a proposition made for the furnishing of 2,000 men with shipping for three years and for the which your majesty would discharge the taxation, except so much thereof as would serve for defraying of the charges of your coming to this your kingdom to accept the royal crown thereof, which is more than earnestly longed for by all your subjects, and the necessity and expediency of this article for the defence and safety of the country being urged with all the reasons that could induce the estates to undergo the burden thereof, they expressed their most earnest affection to extend the utmost of their abilities for your majesty's contentment specially in a matter so much concerning their own safety; yet the known poverty of the country by the calamity of some hard years could not in their opinions afford any greater sums than the taxation before consented to, promising therewithal to be ready with their persons to advance your majesty's service in all intervening and necessary occasions touching the defence and safety of the kingdom. And in respect of reports and rumours of foreign preparations and of the combustions now universally throughout Christendom, there is a general muster and wappenschaw appointed and proclaimed to be throughout this whole kingdom both to burgh and land upon 28 December 1625, to the intent the people's provision of arms may be known and some beginning given to train them in military discipline; and after report made of these musters, order shall be taken that the laws made for musters and provision of armour and warlike exercises shall be prosecuted at all times convenient. Likewise it was thought convenient by the estates that your majesty should be entreated to send about two ships for guarding of this firth and securing of the trade. The building of forts and blockhouse is carefully recommended to the burghs and how soon Colonel [Andrew] Gray shall come in this kingdom the overture proposed by your majesty relating thereto shall be followed out.
Regarding the article for the victual and the prices to be set thereupon upon the occasions of importation and exportation, this matter is already in dependence before the council between the barons and burghs and 6 December 1625 is appointed for hearing thereof. Therefore the estates have remitted that matter to the council with the other article regarding the granaries, wherein the council will be careful of that which shall seem most fit and expedient for the well of the country.
The article regarding the provision of shipping is recommended by the estates to the council and burghs, wherein no care nor diligence shall be omitted which may procure your majesty's satisfaction in so just and important a matter.
Regarding the custom of 48s craved to be imposed upon every tun of coal exported in strangers' ships, this point was vehemently opposed and resisted by the owners of the coal pits upon both sides of the Firth of Forth, who, in audience of the convention, affirmed and constantly declared that they were at such extraordinary charges in the maintaining of their water-works that the whole country's sale and dispatch of their coal in a year will not maintain their water-works a month, and that they are not able to uphold their works without an abundant dispatch of their coal by strangers and that there is not shipping in this country to transport a very small part of coal; and if this new custom be imposed it will be a deterrence and hindrance to strangers to come here for coal to which they are allured more by the ease they have in the price than for any necessity they have of our coal; and if the trade fall, without the which the owners are not able to maintain their works and coal pits, the same will perish without any possibility of recovery at any time hereafter, not only to the utter undoing of the owners, but to the extreme hurt and prejudice of the country, which, by this occasion, will be destitute of all the sea coal within the kingdom which cannot be supplied with any other sort of fuel within the kingdom, besides the miserable downfall of many hundred families of poor people whose only maintenance depends upon these works and without the which they will be all turned beggars. The estates having at length heard the said owners upon this point and the truth of their affirmation being known to sundry of them and the matter being put to voting, it was found that without an obvious and evident hurt to the country this new custom could not be imposed upon the coal.
The prosecution of the article concerning the drapery of wool is remitted by the estates to the council.
Regarding the purchasing of places and offices by bribery, the estates statute and ordain that whosoever at any time hereafter shall acquire and purchase any place of judicatory within this kingdom by bribery or other unlawful means, the place and office so purchased shall be forfeited to your majesty and be at your majesty's disposition; and they thought it in no way fit nor expedient that the same should be extended to the past.
Regarding the article bearing that no prelate, nobleman nor other shall repair to the town or place where the council, conventions or parliament shall be kept with greater trains than his ordinary household servants, the estates understand that there are acts of parliament already made relating thereto, which acts they ordain to be put to execution.
Regarding the article whereby the lords of session are ordained to repair to the session house in a seemly manner on horse with their foot cloths, the estates find that many of the lords of session have their dwellings very near to the session house and some of them dwell in narrow closes, where there is not a convenient passage for horse and the calsay so dangerous to be ridden upon. It is therefore not thought convenient that they should be tied to this necessity of riding.
Regarding the compearance in actions before the council, the estates statute and ordain that no person or persons of whatever quality shall present themselves before the council table, either as pursuer or defenders, but by themselves alone, accompanied with one at the most when the council shall allow thereof.
Regarding the article ordaining that no party shall compear hereafter before the lords of session accompanied with any but their advocates and agents, the estates find it not fit that the nobility and barons of good sort should be debarred from hearing of actions pleaded before the session for their better information and enabling of them for your majesty's and the country's service, and therefore they recommend the ordering of this matter to the lords of session.
Regarding the soliciting of the lords of session, this is already provided for by an act of session and therefore the estates recommend to the session the careful execution thereof and that there be no solicitation but by writing.
Regarding the article touching the merchant estate, how they may be enforced to keep their trade and not to turn usurers when they have acquired some wealth, the estates remit the same to the consideration of the parliament.
Regarding the transporting of money, the estates understand that there are many good acts already made relating thereto, which they ordain to be put to execution and recommend the prosecution thereof to the council; and ordain the master of his majesty's mint that he take no other satisfaction for the bullion but the bullion itself in foreign money.
Regarding the article touching the importing of unnecessary wares whereof the country stands not in need, the estates ordain the acts of parliament already made concerning this to be put to execution and the acts of council regarding the prices of foreign beer to be likewise put in execution.
And touching the article towards the raising of the prices of the coin, the estates find this to be a matter which requires good advice and deliberation and which cannot be summarily digested at this meeting as the importance of the cause requires. Therefore the estates nominate the earls [John Leslie, earl of] Rothes, [John Lyon, earl of] Kinghorn and [John Maitland, earl of] Lauderdale, [James Ross], lord Ross, [John Hay, lord] Yester, [John Campbell, lord] Loudoun, [John Elphinstone, lord] Balmerino and [David Carnegie, lord] Carnegie, or any four of them, for the nobility; the bishops [Andrew Lamb, bishop of] Galloway, [David Lindsay, bishop of] Brechin and [John Abernethy, bishop of] Caithness, or any two of them, for the clergy; the lairds [Sir Archibald Stirling of] Keir, [Sir John Stewart of] Traquair, [Sir William Grierson of] Lag, [Sir John Charteris of] Amisfield, [Sir James Learmonth of] Balcomie, [Sir Alexander Nisbet of] West Nisbet, Sir James Dundas [of Arniston] and Sir John Hamilton of Lettrick, or any four of them, for the small barons; and the commissioners to be appointed by the burghs of Edinburgh, Dundee, Aberdeen and Glasgow, to convene and meet with your majesty's council upon the last council day in February, to confer and treat upon the good and expediency of this article to the intent a report may be made of their opinions to your majesty.
The article regarding the poor was remitted by the estates to the council, who will have a care to see that matter receive execution accordingly.
After that all these articles were proposed, heard, discussed and answered by the estates in manner foresaid, there were some petitions given in by the small barons and burghs wherein they craved that the estates would join with them in their humble petition to your majesty for obtaining your allowance thereof.
And first it was proposed by the small barons that they were informed that your majesty intended to make some altertion in the session, which was a sovereign and high court whereof the foundation was with great wisdom and judgement built by your majesty's great-grandfather of happy memory, with the consent of the estates of parliament, and that the authority of this court has been since illustrated with many privileges flowing from succeeding princes and specially from your majesty's dearest father of blessed memory; and their desire was that the estates would join with them in their humble petition to your majesty, that your majesty would be pleased not to make any alteration thereof without the advice of the estates of this kingdom. Their petition being heard and some objections made against the same that as your majesty was a just and upright prince who sought nothing but the good and well of your people, so there was no subject that with reason could suspect or mistrust the sincerity of your majesty's proceedings, either in that or any other thing else, yet they continued very instant to have the votes of the estates thereupon; which being granted and their votes taken, they all agreed to join with the barons in their petition that your majesty should be humbly entreated that if you intended any alteration in the session from that which was established in parliament that your majesty would be graciously pleased to follow out the same by the advice of the estates of this kingdom in parliament.
They had another petition and grievance founded upon the prejudice allegedly sustained by them by this new erected order of baronets and the precedency granted to them before all the small barons and freeholders of this kingdom, wherein they pretended great prejudice in their privileges and dignities possessed by them and their predecessors in all preceding ages, and therefore their desire was that the estates would join with them in their humble petition that your majesty might be entreated to suspend the precedency granted to these baronets until the time that the plantation for the which this dignity is conferred be first performed by the undertakers. Whereupon Sir William Alexander, chief undertaker in this plantation, being heard and he having objected to them your majesty's royal prerogative in conferring of honours and titles of dignity in matters of this kind, importing so far the honour and credit of the country, and that your majesty's prerogative would not admit any sort of opposition and that this suspension of the undertakers' precedency would frustrate the whole plantation, after that the small barons had most humbly protested that the least derogation to your royal prerogative should never enter in their hearts and that their petition was in no sort contrary to the same, but that they acknowledged the conferring of honours did properly belong to your majesty as a point of your royal prerogative, and they undertook that if it were found convenient by your majesty and the estates that this plantation should be made, that they upon their own charges would undertake the same without any retribution of honours to be given thereof. The estates having at length heard both parties, it was found by plurality of votes that the estates should join with them in their petition foresaid to your majesty.
They had some other petitions especially concerning mets and measures and the oppression used in buying of victual by exacting of one peck to the boll. The estates ordain the acts of parliament and secret council already made concerning this to be put to execution against the contraveners.
It was likewise desired by them that they might have a discharge of penal statutes with the reservations and exceptions contained in the act of parliament kept in August 1621, wherein the estates have become humble supplicants to your majesty, [John Erskine, earl of Mar], treasurer, protesting that the concealers of money and [James Stewart], earl of Moray protesting that the resetters of the Clanchattan and the comforters of them in their rebellion might be likewise excepted.
Regarding rebels contemptuously lying at the horn, it is ordained that the sheriffs and other officers to whose charge it appertains shall be commanded to take the rebels and their houses, and to put and hold the rebels out of their houses during their rebellion and to make inventory of their goods. And if opposition and violent resistance shall be made by the rebels, that they shall be thereupon called to their answer before the council. And if upon a lawful probation they shall cry guilty, they shall be exemplarily punished if they compear. And if they be absent and so take the crime upon them, they shall be declared rebels and fugitives, and commission shall be given against them as in cases criminal to the sheriffs and other officers for pursuit of them with fire and sword, and proclamations shall be directed commanding the country to assist the magistrates.
And whereas the estates could not conveniently attend to make their report to your majesty of this their proceedings at this convention, which in effect was all that was done therein, they committed the charge and trust of this report to such of your council as should be present, which at their direction we have hereby faithfully done and so etc. Edinburgh, 8 November 1625. It is thus subscribed: [Sir] George Hay [of Kinfauns], [John Erskine, earl of] Mar, [William Douglas, earl of] Morton, [George Seton, earl of] Winton, [Alexander Livingstone, earl of] Linlithgow, [Robert Ker, earl of] Roxburghe, [Thomas Hamilton, earl of] Melrose, [Adam Bellenden], bishop of Dunblane, [Sir] Archibald Napier [of Merchiston].
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The which day Sir John Scott, director of the chancellery, being called before the estates upon the compliant of the barons for the extortion used by him upon his majesty's subjects in the execution of his office, the estates admonish him that in time coming he conform himself in his prices to the book made and set down regarding the prices of writs and seals and ratification thereof in parliament, and that he exceed not the said prices; with certification to him if he fails, that he shall be called therefore and upon verification of his contravention shall forfeit his place to his majesty.