[1633/6/16]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh, 28 June 1633, the three estates of parliament being assembled, having taken into their consideration the many blessings which this nation does enjoy under his majesty's most wise, happy and peaceable government, whereof each estate is most aware, his majesty's royal zeal for propagating the Gospel of Jesus Christ, his care for providing sufficient maintenance for the clergy, his extraordinary pains taken for uniting the disjointed members of this commonwealth and extirpating of all roots of discords, relieving the oppressed and with so even and fatherly a hand curing the wounds of this commonwealth as the wisest eye can find no blemish in the temper of all his royal actions, and last the great comfort they have by enjoying his majesty's royal presence, pains taken and expenses disbursed by his majesty in this his majesty's journey, with a most thankful acknowledgment, are most earnestly and humbly to entreat his sacred majesty to accept of this their voluntary offer of a taxation to be imposed, collected and paid to his gracious majesty in manner and at the terms following, that is to say: the dukes, marquises, earls, viscounts, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted of every pound land of old extent within this kingdom pertaining to dukes, marquises, earls, viscounts, lords, barons and freeholders and feuars of his majesty's proper lands the sum of 30s money at every one of the six separate terms following, namely: the sum of 30s money at the feast and term of Martinmas [11 November] 1634; the sum of another 30s money at the feast and term of Martinmas 1635; the sum of another 30s money at the feast and term of Martinmas 1636; the sum of another 30s money at the feast and term of Martinmas 1637; the sum of another 30s money at the feast and term of Martinmas 1638; and the sum of another 30s money at the feast and term of Martinmas 1639. And the archbishops and bishops for the spiritual estate have granted that there shall be uplifted off all archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this kingdom at every one of the six terms above-specified the just taxation thereof as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands of this kingdom were stented to 30s the pound land of old extent, and the same taxation to be paid at every one of the six separate terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted of all the burghs within this kingdom at every one of the six terms above-specified the just taxation thereof as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands of this kingdom were stented to 30s the pound land of old extent, and the said taxation to be paid at every one of the six separate terms above-written. And in regard that his majesty has erected sundry prelacies in temporal lordships, whereby the owners thereof may claim to be taxed with the barons of the temporal estate, and thereby his majesty will be defrauded of a great part of the said taxation, therefore the said estates ordain that all erections of prelacies and other small benefices in whole or in part in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the same taxation proportionally as if they were in no way erected, and as they were subject to do before the erection of the same. And in the same manner it is statute and ordained that all dissolved benefices within this kingdom in whole or in part shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay though the same had not been dissolved, and that those parts who have got any part or portion of any prelacies or other inferior benefices dissolved and new securities made to them by his majesty of that part and portion thereof so dissolved shall be subject in payment of the taxation thereof to the prelate or other beneficed person for his relief of the same taxation as they would have been so the same had not been dissolved, notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary thereof. And further, his majesty and the said estates annul and discharge all privileges and immunities whatsoever whereby any person may think themselves free of payment of this present taxation (the privileges granted to the ordinary lords and senators of the college of justice and the taxation of benefices given, conveyed and mortified for maintenance of the universities, colleges and hospitals within this kingdom only excepted). And further, the said estates, for a more ample testification of their exceedingly great affection to his majesty's service, have (in addition to the ordinary taxation above-written) made a free and willing offer to his majesty of a yearly extraordinary taxation of the sixteenth penny of all annualrents which any person or persons within this kingdom has freely due and payable to them yearly or termly (their own annualrents wherein they are due to others being first deducted), the first term's payment whereof shall be and begin at the feast and term of Martinmas 1634 and so forth yearly and termly at Whitsunday [May/June] and Martinmas for the space of six years until the said six years and twelve terms' payment thereof be full and completely outrun. And for the better trial of every man's annualrents which he has yearly or termly due to him, it is ordained that this act shall be published at the market cross of Edinburgh and of the whole head burghs of the sheriffdoms, stewartries, bailiaries and regalities within this kingdom, whereby all his majesty's lieges may have true notice thereof. And therewithal the said estates will, command and ordain all his majesty's subjects that have any annualrents payable to them to compear within the head burgh of the sheriffdom, stewartry, bailiary or regality or the head burgh of any of those jurisdictions wherein the head courts are held, and where the said annualrenters dwell and have their ordinary residence, in any court day in one of the two last weeks immediately preceding and in one of the two first weeks immediately following Whitsunday and Martinmas, at which time the sheriffs, stewarts, bailies and bailies of regalities and provost and bailies of free burghs within the bounds of their jurisdictions shall be obliged to hold courts weekly to the effect after-specified. And the lieges resorting to the said courts shall give up an inventory to the clerk thereof of the whole sums of money for which annualrent is due to them yearly or termly, with the names of their debtors designed by name and surname and the ordinary place of their residence, as also the whole sums of money for which they are subject in payment of annualrents to others, with the names of their creditors to whom the same is due, designed likewise by name and surname, and the place of their ordinary residence, whether the same annualrent be in victual or in silver; the annualrent of victual to be esteemed according to the stock of money for which it is paid at eight for each 100 thereof; and shall cause those who give up the said inventories for every party to subscribe his own inventory himself, if he can write, and if he cannot write, the clerk of the said court shall subscribe the said inventory in face of the court before the members thereof; and also the sheriffs, stewarts, bailies, bailies of regalities, provost and bailies of free burghs within the bounds of their jurisdictions, and the clerks themselves, shall make and give up an inventory of the debts owing to themselves and by themselves as said. It is always provided that if any person impeded by reason of sickness or distracted by some other just occasion shall not be present himself to give up the said inventory, it shall be lawful for him to cause any honest responsible man within the jurisdiction where he dwells to compear and give up his inventory, providing the same be subscribed by himself or any notary at his command, which the person giving in the inventory shall declare to be a true deed and shall abide at the same upon the like hazard and danger as the principal party should underlie, which shall be as sufficient as if the inventory had been given personally up by the principal party himself. And an inventory being once made and given up shall still stand and be a ground to charge any person during the time of the six years of the said taxation unless the party change or otherwise employ his sums, and then he shall give up a new inventory, which shall be a new ground of a charge and the former shall cease. And the said clerk shall make a record in his register of the said whole inventories, which inventories being so recorded shall be extracted by the said clerk and subscribed with his hand and three extracts made of the same, one to be given to the party if he require the same, another to be sent by the said clerk to the collector of the same taxation and the third to be sent by the said clerk to the clerk of his majesty's register, to be kept amongst the records of his majesty's exchequer to the intent it may be known how far every party is liable in payment of the said extraordinary taxation, for the which extract and note made in register the said clerk shall have off every person who gives in an inventory the sum of 4s money; and if by sloth or malice the clerk shall happen to delay or shift the lieges resorting to the said courts to the effect foresaid (complaint being made thereof to the lords of his majesty's privy council), the said clerk shall be punished accordingly at the discretion of the said lords; and at any court day in any of the said two weeks preceding or immediately following any term, it shall be rightful to any person to compear and offer to give up his inventory (he making payment of the taxation due for the same), which the clerk and judge shall be astricted to receive; and albeit it be declared that an inventory once given up shall still stand and be a ground to charge any person during the whole terms of the said taxation, except the same be changed in manner foresaid, yet because sundry who have this liberty delay to make payment of the taxation of their monies after the time is expired, therefore it is provided and declared that if they fail to make payment of the due taxation of their monies within 20 days after each term, that the party so failing shall be subject in payment of the triple of the said taxation for each term wherein he fails, and letters shall be directed against them for payment thereof in the appropriate form. Further, for the better observation of this act, it is declared that whosoever receives, retains or conditions to receive any annualrent and conceals the same or any part thereof, or in giving up his inventory of debts and annuals owing by him to his just creditors gives up more than he is justly due, the supplier thereof shall forfeit that term's annualrent to his majesty's use, and whosoever first discovers or reveals either the annualrent concealed or annualrent which is more than the just debt of the person, shall for his reward have half of that term's concealed annualrent and as much as half of that annualrent which shall be discovered to have been unjustly given up. And in case it shall happen any person or persons whatsoever by virtue of his submitted inventory to be charged for payment of his taxation and at the time of his charge to declare in presence of a judge by his great oath solemnly sworn that his debtor is a bankrupt, whereby he is disabled to make payment of his taxation and is content the king's majesty shall have the whole annualrent due to him by his bankrupt debtor for that term, the said declaration shall be a sufficient liberation to him of the same. And for issuing of malicious charges of those who have omitted or concealed their sums, it is ordained that whensoever any person shall accuse or charge another of concealing or omitting of sums the time of making his inventory, he shall condescend upon some probable cause of his accusation and shall find caution concerning the judgement to be delivered in case he fail in proving that which he accuses; and no such actions of accusations shall be lawful against dead persons, their heirs nor executors except what the same has been intended before the said person's decease, neither shall it be lawful after a year and a day after the expiring of the said taxation to intend any such action. And if any person purchase wadset of lands and set the same back again to him who wadset the same, the tacksmen possessors of the lands shall pay for the stent of the lands and the possessor of the wadset shall pay for the annualrent of his money which he has on the land as if the same were employed for annualrent. Moreover, it shall not be lawful by any manner of way to any creditor to get relief off his debtor for this taxation which is imposed upon annualrents by this statute under the pains contained in the acts of parliament made regarding usurers. And concerning minors it is declared that their minority shall in no way privilege them but their tutors and curators shall give up their inventories of their annualrents in their names, which if the said tutors and curators fail to do the said minors shall incur the like danger as others, and at their perfect age shall have action of relief against the said tutors and curators for that cause. And in case any person depart out of this kingdom after the publication of this present act, the same shall in no way excuse him from giving up an inventory of his annualrents and payment of the said taxation and underlying of the danger contained in this present act, but those who are presently out of this kingdom and shall not return before the term of Whitsunday [17 May] 1635, they shall not come under the danger of this act until the term of Martinmas thereafter, providing that at that term they give up their inventories and pay their taxation as if they had been present within the kingdom before the foresaid term of Martinmas. And for uplifting of the same taxation granted upon annualrents and to the intent his majesty's general collector thereof may know whom to crave and charge for the same, it is statute and ordained that within every sheriffdom, stewartry, bailiary and regality where the offices of sheriffs, stewarts and bailies are heritable, and the provost and bailies of free burghs, these heritable officers and their deputes for whom they shall be held to answer, and provost and bailies of free burghs, shall collect the said taxation and make payment thereof to his majesty's collector general of his said taxation; and where these offices of sheriffs, stewarts and bailies are not heritable but changeable, the clerks within the said jurisdictions having their offices for life shall be collectors thereof; and in case the said clerks have not already found sufficient caution for discharging of their offices, they shall be held before they have any intromission with the same taxation or exercise their office of sheriff clerk after the foresaid term of Martinmas 1634 to find sufficient caution for that effect; and where there are no heritable officers nor clerks having their offices for life and have not found caution in manner above-written, the said collector general of his majesty's taxation and his deputes in his name sufficiently authorised by him and for whom he shall be held to answer, and whose name he shall cause publish at the market cross of the head burgh of that jurisdiction where there is no heritable officers nor clerks for life, that his majesty's lieges may know to whom they shall make payment, shall collect and uplift the same taxation, which payment being made, the receiver thereof shall be obliged to deliver to the payer thereof an acquittance upon the receipt of the same freely, without payment of any money for the same. It is likewise provided that the fees of the collectors and receivers of the same taxation of annualrents shall be likewise, hereby they are remitted to the discretion and arbitrament of the lords of his majesty's privy council to be set down and agreed upon by them. And the said estates hereby decree and declare that all burgesses and freemen within burghs, albeit they be taxed in the ordinary taxation above-written with their neighbours according to the order prescribed for collecting of the burghs' part of the said ordinary taxation, yet the same shall in no way liberate nor free them from payment of their parts of the said extraordinary taxation according to the proportion of the sixteenth penny of their annualrents, but shall be liable in payment thereof as others of his majesty's lieges are. Moreover, the said estates annul and discharge all privileges and immunities whatsoever whereby any person may think themselves free of payment of any part of this present extraordinary taxation, the privileges and immunities granted to the ordinary lords of session with the annualrents due to be paid to colleges, schools and hospitals or mortified for sustentation and upholding of kirks and bridges with the annualrent that might be claimed of poor people whose stock exceeds not the sum of 500 merks Scots only excepted.
[1633/6/17]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh upon 28 June 1633, the three estates of the said parliament being assembled, having taken into their consideration the many blessings which this nation does enjoy under his majesty's most wise, happy and peaceable government, whereof each estate is most aware of his majesty's royal zeal for propagating the Gospel of Jesus Christ, his care for providing sufficient maintenance for the clergy, his extraordinary pains taken for uniting the disjointed members of this commonwealth and extirpating of all roots of discords, relieving the oppressed and with so even and fatherly a hand curing the wounds of this commonwealth, as the wisest eye can find no blemish in the temper of all his royal actions, and lastly the great comfort they have had by enjoying his majesty's royal presence, pains taken and expenses disbursed by his majesty in this his majesty's journey, with a most thankful acknowledgment, are most earnestly and humbly to entreat his sacred majesty to accept of this their voluntary offer of a taxation ordinary to be imposed, collected and paid to his gracious majesty in manner and at the terms following, that is to say: the sum of 30s money at the feast and term of Martinmas [11 November] 1634; the sum of another 30s at the feast and term of Martinmas 1635; the sum of another 30s at the feast and term of Martinmas 1636; the sum of another 30s money at the feast and term of Martinmas 1637; the sum of another 30s money at the feast and term of Martinmas 1638; the sum of another 30s money at the feast and term of Martinmas 1639. And for the spiritual men and burghs' parts of the same taxation, that there shall be uplifted off every archbishopric, bishopric, abbacy, priory and other inferior benefice and off every free burgh within this kingdom at every one of the said six terms payment the just taxation thereof, and as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands within this kingdom were stented to 30s money the pound land of old extent, and the same taxation to be paid at every one of the six separate terms above-written. And for bringing in of the spiritual men's parts of the same taxation, ordain letters to be directed charging all and sundry archbishops, bishops, abbots, priors, as likewise all noblemen and others in whose favour the erection of any prelacy or other inferior benefice or any part or portion thereof, be it in lands, kirks or teinds, or in whose favour the patronage of any benefice, kirks or teinds are passed, and all other beneficed persons contained in the tax rolls, their heritable bailies, chamberlains, factors and intromitters with their rents and livings, personally or at their dwelling places, and by open proclamation at the market crosses of the head burghs of the sheriffdoms, stewartries and bailiaries where the said prelacies, erected lordships and small benefices lie, if they be within this kingdom, and if they be without this kingdom by open proclamation at the market cross of Edinburgh and pier and shore of Leith upon 60 days' warning, to make payment of that sum that they and each one of them are taxed to for every one of the said six terms to the collector general of the said taxation appointed or to be appointed by his majesty or his deputes and officers in his name having his power and commission to receive the same at the particular terms above-written, under the pain of rebellion and of putting them to the horn; and if they fail therein, at the passing of every one of the said terms, to denounce the disobeyers and rebels and put them to the horn and to escheat etc. And that the prelates and beneficed persons and such noblemen and others in whose favour the erections and patronages above-written are passed, for their relief, have letters charging their vassals, sub-vassals, ladies of terce, conjunct-fiars and life-renters, feuars, tacksmen and pensioners to make payment of their part of the said taxation, each one of them proportionally, according to the sum they shall be taxed to, to the said prelates and other beneficed persons and to the said noblemen and others having power to receive the same within 20 days next after the charge, under the pain of rebellion etc.; and if they fail etc. to denounce etc. and escheat etc. and to poind and distrenzie thereof as they shall think most expedient, providing always that the first term's payment of the said taxation be ever passed before the next term's payment be charged for. And the estates declare that the production of sufficient hornings against the said vassals, feuars, tacksmen and pensioners shall be a relief to the said prelates, lords of erection and beneficed persons and shall exonerate them for as much from payment of the said taxation, providing that the same hornings with their tax rolls authentically made and subscribed by the said prelates, lords of erections and other beneficed persons and by their feuars, vassals, tacksmen and pensioners in manner hereafter prescribed, containing the particular sum which each one of them is taxed to, be delivered to the collector of the same taxation within the space of 60 days after every term, otherwise he shall be in no way obliged to receive the same, neither shall the prelate, lord of erection nor beneficed person be exonerated by production of the same at any time thereafter. And further, that the said prelates and such noblemen and others in whose favour the erections and patronages above-written are passed and all other beneficed persons may have their relief off their vassals, sub-vassals, ladies of terce, conjunct-fiars, life-renters, feuars, tacksmen and pensioners, to the greater ease and less trouble to their said vassals and others foresaid, and to the effect that every one proportionally may pay his part of the said taxation according to the quantity and value of the free rent which he has of his benefice, lands, pensions, kirks and teind sheaves pertaining to him, as well prelate, lord of erection, patron and other beneficed persons themselves as the feuar, tacksman and pensioner, it is thought expedient, statute and ordained that the said prelates and others above-rehearsed, every one of them separately, shall convene his whole feuars, vassals, tacksmen and pensioners at the particular places hereafter designed, they are to say: [John Spottiswood], archbishop of St Andrews at the city of St Andrews, [Patrick Lindsay], archbishop of Glasgow at the city of Glasgow, [George Graham], bishop of Orkney at the town of Kirkwall, [John Abernethy], bishop of Caithness at the town of Dornoch, [John Maxwell], bishop of Ross at the town of Chanonry of Ross, [John Guthrie], bishop of Moray at the town of Elgin, [Patrick Forbes], bishop of Aberdeen at the burgh of Aberdeen, [David Lindsay], bishop of Brechin at the burgh of Brechin, [Alexander Lindsay], bishop of Dunkeld at the town of Dunkeld, [Adam Bellenden], bishop of Dunblane at the town of Dunblane, [Andrew Lamb], bishop of Galloway at the town of Wigtown, [Andrew Boyd], bishop of Argyll at the town of Inveraray, the bishop of the Isles† at the burgh of Rothesay in Bute, the abbot of Iona at the burgh of Inverness, the prior of Ardchattan at the burgh of Inveraray, the abbot of Fearn at the burgh of Tain, the Lord of Beauly at the burgh of Inverness, [Thomas Bruce], lord Kinloss at the burgh of Forres, the prior of Pluscarden at the burgh of Elgin, the Lord of Deer at the town of Peterhead, the prior of Fyvie at the town of Turriff, the prior of Monymusk at the town of Monymusk, the Lord of Arbroath at the town of Arbroath, [Mungo Murray], lord Scone at the burgh of Perth, [James Elphinstone], lord Coupar at the town of Coupar in Angus, the prior of Restenneth at the burgh of Forfar, the collector of the same taxation in place of the prior of Charterhouse, the seat now vacant, at the burgh of Perth, the prior of Elcho at the same burgh of Perth, the prior of Strathfillan at the kirk of Comrie, the Lord of Inchaffray at the burgh of Perth, the prior of Inchmahome at the burgh of Stirling, the prior of St Andrews at the city of St Andrews, the bailie of the regality of Dunfermline at the burgh of Dunfermline, [John Elphinstone], lord Balmerino at the burgh of Cupar in Fife, [Patrick Leslie], lord Lindores at the burgh of Cupar in Fife, the masters of St Leonard's College in St Andrews for the priory of Portmoak at the burgh of Cupar in Fife, the prior of Pittenweem at the burgh of Pittenweem, [James Stewart], lord St Colme at the burgh of Inverkeithing, [James Colville], lord [Colville] of Culross at the town of Culross, the abbot of Cambuskenneth at the burgh of Stirling, [John Sandilands], lord Torphichen at the burgh of Linlithgow, the prior of Manuel at the burgh of Linlithgow, [John Bothwell], lord Holyroodhouse at the burgh of Edinburgh, the Lord Newbattle at the burgh of Edinburgh, the prioresses of Haddington at the burgh of Haddington, the lord of the temporal lands of the priory of North Berwick at the burgh of North Berwick, the patron and parson of the kirk of Kilconquhar, dissolved from the priory of North Berwick, at the town of Elie, the patron and parson of the kirk of Largo, dissolved from North Berwick, at the town of Largo, the patron and parson of the kirk of Maybole, dissolved from North Berwick, at the town of Maybole, the patron and parson of the kirk of Logie, dissolved from North Berwick, at the burgh of Stirling, the Lord of Kelso at the town of Kelso, the Lord of Coldingham at the town of Eyemouth, the Lord of Dryburgh at the town of Dryburgh, the prior of Eccles at the town of Duns, the prior of Coldstream at the burgh of Duns, [Andrew Kerr], lord Jedburgh at the town of Jedburgh, the Lord of Melrose at the town of Melrose, [James Hamilton], lord Paisley at the town of Paisley, [William Stewart], lord Blantyre at the burgh of Glasgow, the lord and bailie of the temporal lands of Kilwinning, dissolved from the abbacy of Kilwinning, at the burgh of Irvine, the abbot of Crossraguel at the town of Maybole, the prior of Whithorn at the burgh of Whithorn, the abbot of Soulseat at the burgh of Whithorn, the prior of St Mary's Isle at the burgh of Kirkcudbright, the Lord of Dundrennan at the burgh of Kirkcudbright, the Lord of Glenluce at the burgh of Wigtown, the abbot of Tongland at the burgh of Wigtown, the abbot of New Abbey†at the burgh of Dumfries, the abbot of Holywood at the burgh of Dumfries, the prior of Canonbie at the burgh of Annan, the baron and bailie of the barony of Broughton, dissolved from the lordship of Holyroodhouse, at the burgh of Edinburgh, the heritors of the hundred pound land of the barony of Monkland, dissolved from the lordship of Newbattle, at the city of Glasgow, the minister of Failford at the burgh of Ayr, the minister of Scotlandwell at the burgh of St Andrews, the minister of the cross kirk of Peebles at the burgh of Peebles, the patron and parson of the kirk of Dundee, dissolved from the abbacy of Lindores, at the burgh of Dundee, and all other small beneficed persons at the parish kirks of their particular benefices; and that they convene to the effect above-written upon 13 August 1634, which is declared to be the precise day appointed for all their vassals, feuars, tacksmen and pensioners to keep the said meeting, and that no further citation nor summoning shall be requisite other than this proclamation and publication of this present act at the market crosses of the head burghs of this kingdom. And herewith it is resolved by his majesty and the said estates that if any vassals, sub-vassals, feuars, tacksmen of teinds, pensioners or any other justly bound to make relief to prelate, lord of erection, patron or other beneficed person of any part of the said taxation shall send any procurator in his name, sufficiently authorised, to the said meeting, the same shall not only excuse the principal parties' absence, but the procurators shall be admitted in all things and received to do and perform in the distribution of the said taxation what could, or lawfully might, have been done by him who sent him; is likewise declared that the prelate, lord of erection, patron or other beneficed person impeded by disease or distracted upon some other necessary occasion from attending that meeting, having his absence supplied that day by a sufficiently worthy person whom he shall authorise and appoint to that effect, shall be as lawful as if he were personally present himself, and the party so authorised shall be admitted and received in all things to do and perform in the distribution of the same taxation what could, or lawfully might, have been done by him who sent him. It is further statute and ordained that at the said day of meeting the said prelates, lords of erection, patrons and other beneficed persons shall by themselves or by their procurators lawfully authorised as said is fence and hold a court and call by name and surname upon every one of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation, and lawful time of day, being commanded to show to their said vassals, feuars, tacksmen and pensioners or their procurators compearing for them the quantity of the taxation imposed upon their prelacy, erected lordship or other benefice authentically subscribed by the clerk of the same taxation, and they all (at the least so many of them as shall convene for this effect with one consent) shall distribute the same to be paid by every man, as well by the prelate, lord of erection and present possessor of small benefice for the free rent that every one of them has of their prelacies, erected lordships and small benefices, as by the vassal, feuar, tacksman and pensioner according to the great and small quantity of the free rent which every one of them has either of their lands, teinds or pensions; with certification to any of the said persons, feuars, vassals, tacksmen and pensioners that compear not by themselves or their procurators at the day and place above-specified to the effect foresaid, that such as shall convene with the said prelates, lords of erections, patrons or other beneficed persons or their procurators shall proceed in the equal distribution of the same taxation as well amongst them that are absent as present and shall make and subscribe an authentic tax roll thereupon. And in case that none of the said vassals, feuars, tacksmen and pensioners shall convene at the day and places above-specified to this effect by themselves or their procurators, but shall wilfully absent themselves from the said meeting, it shall be lawful for the said prelates, lords of erection, patrons and other beneficed persons being present by themselves or their procurators at the day and places above-specified to make, set down and subscribe the same tax roll; and in case any of the said prelates, lords of erection, patrons or other beneficed persons shall not convene by themselves or their procurators at the day and places above-specified particularly designed to every one of them, it shall be lawful for the said vassals, feuars, tacksmen and pensioners (at the least so many of them as shall convene by themselves or their procurators) to make, set down and subscribe the said tax roll, which tax roll shall contain the particular sum that every one shall be found justly to be due to pay, the parties' name due to pay the same, and the cause wherefore the same ought to be paid; and being so set down either by the prelates, lords of erection, patron and other beneficed person or their lawful procurators with so many of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation as shall convene with them to this effect, and in case that none shall convene with them, the said roll being then set down by the prelate, lord of erection, patron or other beneficed person or their lawful procurators, or in case of their absence being set down, made and subscribed by the most part of the said vassals, feuars, tacksmen and pensioners by themselves or their procurators as shall convene themselves for this effect, his majesty and the said estates determine to be as lawful in all respects as if the whole number of persons having interest therein had convened, made, set down and subscribed the same; which tax roll being so set down, made and subscribed in manner above-written (and no otherwise) and delivered to the clerk of the taxation, his majesty and the said estates ordain him to give warrant for giving of letters of relief thereupon, discharging him in any case to give warrant for giving of letters of relief upon any roll presented to him not made and authentically subscribed in form above-written as he will answer to the contrary upon his peril. It is likewise statute and ordained that tacksmen of teinds shall have their relief off their sub-tacksmen for as much, respect being had to the grassum paid by the said sub-tacksmen. And for bringing in of the barons' and freeholders' part of the same taxation and of the feuars and rentallers of our sovereign lord's proper lands their parts thereof, ordain letters to be directed charging all and sundry sheriffs, stewarts, bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands that they, and every one of them within the bounds of their proper offices, raise and uplift the sum of 30s money of this realm off every pound land of old extent lying within the bounds of their jurisdictions for every one of the six terms above-specified, and bring in and deliver the same to the collector foresaid or to his deputes and officers in his name having his power to receive the same at the particular terms above-specified, under the pain of rebellion etc.; and if they fail, at the passing of every one of the said terms, to denounce and escheat etc. And for their relief that letters be directed charging all and sundry dukes, earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands personally or at their dwelling places and by open proclamation at the market cross of the head burgh of the sheriffdom, stewartry, bailiary where their lands lie, if they be within the kingdom, and if they be without the kingdom by open proclamation at the market cross of Edinburgh and pier and shore of Leith upon 60 days' warning, to make payment to the said sheriffs, stewarts and bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, every one of them for their own parts respectively, of the said sum of 30s money foresaid for every pound land of old extent pertaining to them for every one of the said six terms' payment within 20 days next after they be charged thereto, under the pain of rebellion etc.; and if they fail etc., to denounce and escheat etc., and if need be that the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie the readiest goods and gear being upon the said lands thereof as they shall think most expedient, and that the said earls, lords, barons and freeholders, feuars and rentallers of our sovereign lord's proper lands have letters for their relief to charge their vassals, sub-vassals, ladies of terce, conjunct-fiars and life-renters to make payment of their parts of the said taxation within 20 days next after the charge, under the pain of rebellion etc.; and if they fail etc. to denounce etc. and escheat etc., and if need be that they poind and distrenzie thereof, providing always that the first term's payment of the said taxation be ever passed before the next term's payment be charged for. And for bringing in of the burghs' part of the same taxation, ordain letters to be directed charging the provost and bailies of each burgh to make payment of the tax and rent thereof to the collector general foresaid, his deputes and officers in his name having his power to receive the same at the particular terms above-specified, under the pain of rebellion etc.; and if they fail etc. to denounce and escheat etc. And for their relief that letters be directed charging the provost, bailies and council within each burgh to convene and elect certain persons to rent their neighbours; and the said election being made, to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of every burgh, and to convene and set the same and make a stent roll thereupon as appropriate within 24 hours after their charge, under the pain of rebellion etc.; and if they fail etc. to denounce and escheat etc. And also the said stent roll being made and set down as said is, to charge the burgesses, indwellers and inhabitants within each burgh to make payment of their part of the said stent to the provost and bailies according to the tax roll to be given out thereupon within three days next after the charge, under the pain of rebellion etc.; and if they fail etc. to denounce etc. and escheat etc.; and if need be that the said provost and bailies poind and distrenzie thereof as they shall think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear which he has within burgh, in no way respecting his lands nor possessions which he has in the country, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the said taxation be ever passed before the next term be charged for. Moreover, his majesty and his said estates decree and declare that the charges to be given for payment of the said taxation shall be executed before the terms of payment above-specified for every terms' payment particularly by itself, and that the denunciation of horning following thereupon shall not be executed until the term's payment be past and 20 days thereafter, which denunciation so following upon the charges given before the said terms of payment his majesty and estates decree and declare to be valid and sufficient. And his majesty and the said estates, considering the great abuse which has been used in all time bygone by sundry of the lieges of this kingdom against all good conscience in causing of their poor farmers, tenants and labourers of the ground, being removable, who are subject in payment of very dear ferms and other duties, to relieve them of the whole burden of bygone taxation, which has been the occasion of impoverishing a number of the said farmers, labourers and tenants and bringing of them to utter wrack and ruin, whereas of reason they should be altogether free from payment of any taxation and the same should be paid by such as have free rents, lands and goods of their own; for remedy whereof, it is statute and ordained that no persons whatsoever exact or compel his tenants or farmers removable who pay ferm and other dear duties for the lands occupied by them to pay any part of this present taxation or to seek relief at their hands of the same; and if the same be found done by any persons, that they shall be called and convened therefore before his majesty's justice and his deputes or before his majesty's council as violent and masterful oppressors of his majesty's subjects and punished for that according to justice. And further, the said estates, beside the ordinary taxation above-written, have for the space of six years next and immediately following the term of Martinmas [11 November] 1634 freely and voluntarily granted to his majesty a yearly extraordinary taxation of the sixteenth penny of all annualrents which any person or persons within this kingdom has freely due and payable to them yearly and termly (their own annualrents wherein they are due to others being first deducted), the first term's payment thereof shall be and begin at the said feast and term of Martinmas 1634, and so forth yearly and termly at Martinmas and Whitsunday [May/June] until the said six years and twelve terms' payment thereof be fully and completely outrun. And whereas his majesty and estates have by act of parliament authorised all and sundry heritable sheriffs, stewarts, bailies and bailies of regalities and their deputes and the provost and bailies of free burghs within the bounds of their jurisdictions, as likewise the clerks within the jurisdictions where these offices are not heritable, which clerks have their offices for life, to collect the said extraordinary taxation, and to make payment thereof to the collector general of the same taxation; therefore, and for bringing in of the said extraordinary taxation, ordain letters to be directed charging all and sundry the said heritable sheriffs, stewarts, bailies, bailies of regalities and their deputes and clerks and the said provost and bailies of free burghs and their clerks, as likewise the clerks within the jurisdictions where these offices are not heritable, that they and every one of them north of the River Dee, within the space of 15 days after every term of Martinmas and Whitsunday, and that they and every one of them south of the River Dee, within the space of 10 days after every term of Martinmas and Whitsunday, deliver to his majesty's said collector general a true and just account and inventory of the whole sums of money due to be paid by any person within the bounds of their jurisdiction for his part of the said extraordinary taxation, and that they give up the same account and inventory upon their oath solemnly sworn that the same is just and true, and to make payment to his majesty's said collector general, or to his deputes in his name having his power to receive the same, of the whole monies due to be paid to his majesty, according to the said account and inventory, within 20 days after each term, under the pain of rebellion. And in case the said sheriffs, stewarts, bailies, bailies of regalities, their deputes and clerks fail etc. to denounce and escheat etc., for whose relief that letters be directed charging all and sundry the said annualrenters to make payment to the said sheriffs, stewarts, bailies, bailies of regalities, their deputes and clerks, provost and bailies of free burghs of the said sixteenth penny of all annualrents freely due and payable to them within 20 days next after the charge, under the pain of rebellion etc.; and if they fail, to denounce etc., and, if need be, that the said sheriffs, stewarts, bailies of regalities, clerks, provost and bailies of free burghs poind and distrenzie thereof as they shall think most expedient. And his majesty and the said estates ordain the lords of session to be only judges to all suspensions to be craved and suited by any of our sovereign lord's lieges touching the said taxation, which suspensions the said estates find may be granted upon lawful and equitable reasons to be considered by them, and discharge all other judges within this kingdom of granting of any suspensions relating thereto; with power to the said lords to delegate five at the least of their ordinary number as they shall think expedient, to sit, examine and decide the said suspensions in time of vacation if need be, and also to depute commissioners for trying and judging of concealments with as ample and full power to be given to them as the said lords of session by virtue of this present act have.
[1633/6/18]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice, consent and assent of the whole estates, acknowledging his majesty's sovereign authority, princely power, royal prerogative and privilege of his crown over all estates, persons and causes whatsoever within this kingdom, ratifies and approves the act of parliament made in the year 1606 regarding the king's royal prerogative and perpetually confirms the same for his highness, his heirs and successors, as amply, absolutely and freely in all respects as ever any of his majesty's royal progenitors did possess and exercise the same; and with all remembering that in the act of parliament made in the year 1609 regarding the apparel of judges, magistrates and kirkmen, it was agreed that whatever order his majesty's father of blessed memory should prescribe for the apparel of kirkmen and send in writing to the clerk register should be a sufficient warrant for inserting the same in the books of parliament, to have the strength of an act thereof, have all consented that the same power shall remain with the person of our sovereign lord and his successors that now is, and with the same clause for execution thereof as in the said act is contained.
Follows his majesty's letter to the clerk register:
To our trusty and well-beloved councillor Sir John Hay of Bara, knight, clerk register. It is thus above-written: Charles Rex
Trusty and well-beloved councillor, we greet you well. Whereas it was declared by an act of our late parliament that whatever order we should be pleased to appoint for the apparel of churchmen and should send it in writing to our clerk register should be a sufficient warrant for inserting the same in the books of parliament, to have the strength of an act thereof, we have now determined the same according to the warrant enclosed, signed both above and underneath with our own hand. And it is our pleasure that accordingly you insert this enclosed order concerning their habits in the books of parliament, to have the strength of an act thereof in all time coming, for doing whereof this act shall be your sufficient warrant. From our court at Whitehall, 15 October 1633.
Follows the warrant enclosed in the foresaid letter, superscribed by his majesty and also subscribed under and sealed with the court signet.
It is thus above-written: Charles Rex. Follows the warrant:
The order appointed by his majesty for the apparel of churchmen in Scotland to be inserted in the books of parliament according to the act of the late parliament made relating thereto
It is our pleasure that all the lords, archbishops and bishops within that our kingdom of Scotland shall, in all public places, wear gowns with standing caps (such as they used at our late being there) and cassocks, and the inferior clergy, especially after they have taken the degree of doctors or bachelors in divinity, or preachers in any town, shall wear the same habit for fashion but for worth according to their means, and no tippets unless they are doctors. And further, our pleasure is that the lords, archbishops and bishops shall, in all churches where they come in time of divine service or sermon, be in whites, that is in a rochet and sleeves as they wore at the time of our coronation, and especially whensoever they administer the holy communion or preach; and they shall likewise provide themselves with a robe (that is a satin or taffeta gown without lining or sleeves) to be worn over their whites at the time of their consecration. And we will that all archbishops and bishops aforesaid that are of our privy council or of our session shall come and sit there in their whites and maintain the gravity of their places. And for all inferior clergymen we will that they preach in their black gowns, but when they read divine service, Christian burial or administer the sacrament of the Lord's supper they shall wear their surplices, and, if they are doctors, their tippets over them. And as well archbishops and bishops as other ministers when they administer the holy communion in our chapel royal or any cathedral church within that our kingdom shall wear caps, and not only they, but all inferior priests and ministers shall at times and places before mentioned use their square caps, especially in all our universities. Given at Whitehall, 15 October 1633.
And it is thus subscribed, Charles Rex. Sealed with the court signet.
[1633/6/19]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates, ratifies and approves all and whatsoever acts and statutes made before regarding the liberty and freedom of the true kirk of God and religion presently professed within this realm, and ordains the same to stand in their full force and effect as if they were specially mentioned and set down herein.
[1633/6/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates, ratifies the act of secret council dated at Edinburgh, 10 December 1616, made regarding the planting of schools, with this addition: that the bishops in their several visitations shall have power, with consent of the heritors and most part of the parishioners, and if the heritor, being lawfully warned, refuses to appear, then with consent of the most part of the parishioners, to set down and stent upon every plough or husband land according to the worth for maintenance and establishing of the said schools. And if any person shall find himself grieved, it shall be lawful to him to have recourse to the lords of secret council for redress of any prejudice he may or does sustain. And ordains letters to be directed for charging of the possessors for the time to answer and obey the schoolmasters of the duties that shall be appointed in manner foresaid.
[1633/6/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates, understanding that certain persons piously disposed have of late bestowed certain gifts in lands, heritages and sums of money in favour of colleges, schools, hospitals and other pious uses, which by the administrators and such others as they have entrusted with the managing thereof are inverted to other uses than the will of the donor, upon some specious pretences contrary or different from the donor's intention, to the evil example of others and the hindrance of such and the like charitable works, against all reason and conscience. Therefore it is statute and ordained that it shall in no way be lawful to alter, change or invert any of the said gifts, legacies and other pious donations to any other use than the specific use whereto they are destined by the donor himself; and that the heirs, executors or others entrusted with the said gifts and legacies shall be accountable for the same to the use of the kirks, colleges and others to whom the said dispositions were made; and that actions shall be competent, either to the said kirks, colleges and others to whom the same were conveyed, or to the bishops and ordinaries within the diocese where the said kirks, schools and others above-specified lie, for compelling them to apply the same to the true use and to make account and payment of the ordinary profits of every year's intromission at the rate allowed by the laws of the realm in addition to the fulfilling of the donor's will. And this act to be extended to all dispositions made at any time since the majority of King James VI or to be made hereafter in all time coming, and that letters of horning be directed at their instance by deliverance of the lords of session without citation of parties.
[1633/6/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice of the estates, ratifies and approves the act of parliament made in the year of God 1587, regarding the invaders of ministers, with this explanation and addition: that whosoever invades any minister or puts any violent hands on him by themselves, their men, tenants, servants or any others by their hounding out, direction or allowance for whatsoever cause or occasion, whether the same be for the cause contained in the said act or for any other cause otherwise than by order of law, or does offer violence to them, shall incur the like pain as is contained in the said act and shall be judged after the form and manner therein prescribed; and declares that the same shall be extended to all archbishops, bishops and ministers whatsoever having power by lawful warrant to preach and administer the sacraments. And because the malice of some is such that the invasion and violence foresaid may be committed by lawless and irresponsible men, the hounders out of whom cannot be detected, so as the benefit of this act and the indemnity of the said churchmen and their foresaids may be frustrated, therefore it is statute and ordained that the landlords and heritors and chief of clans and others in whose bounds the said offenders dwell or haunt ordinarily shall be held upon the complaint of the party offended to the lords of his majesty's secret council to exhibit and produce the said malefactors before the said judges to be censured and punished corporally, or otherwise in their estates if they be responsible at the discretion of the said judges. And if it shall happen the said offenders absent and remove themselves out of the bounds of the said heritors and landlords and others on whom they depend so that the said landlords, heritors and others foresaid may pretend that it is not in their power to exhibit the foresaid delinquents, therefore it is statute that if after the giving in of the said complaint before the said judges and certifying of the said landlords and others foresaid either by citation, charge or intimation, or any other legal manner of way, the said delinquents shall be found within the bounds of the said landlords and others foresaid, frequenting publicly and openly by the space of 10 days, that then and in that case the said landlords and others foresaid shall be esteemed as connivers with the delinquents and be obliged under the like censure and punishment to exhibit them to the council.
[1633/6/23]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice and consent of the estates of parliament, ratifies and approves the act of commission of surrenders and teinds of the date at Holyroodhouse, 26 June 1627, whereof the tenor follows.
The commissioners, after reasoning upon the lowest proportion and provision with which the ministry serving the cure at each kirk shall be provided, have found it fit and expedient that the lowest proportion shall be eight chalders of victual where victual is paid or proportionally in silver or victual as the commissioners shall appoint at the settling of the kirk and according to the estate of that part of the country where the payment of the stipend shall occur, and think it fit that the said proportion of eight chalders of victual or proportionally in silver as said is shall be the lowest maintenance to each kirk, except such particular kirks occur wherein there shall be a just, reasonable and expedient cause to go beneath the quantity now determined. And his majesty and estates foresaid refer to the commissioners to be chosen by his majesty at this present parliament the consideration of the reasons and causes which may move them (after the valuation of the true worth of the teinds of each parish be closed) to determine and modify a less quantity for the ministers' maintenance than the quantity foresaid of eight chalders of victual or 800 merks in victual or monies proportionally, and what the said commissioners shall determine therein the same to stand notwithstanding of this present ratification. And also his majesty and estates ratify and approve the whole particular acts of the said commission of surrenders and teinds whereby stipends are appointed and modified by the said commissioners already, and ordain the ministers to whom the same is assigned to have intromission therewith, and that the lords of session direct letters of horning and poinding in favour of the said ministers accordingly thereto upon a simple charge of 10 days only, and also upon all other acts to be made for plantation of kirks by the commissioners appointed by his majesty and estates for that effect. And it is declared that this ratification shall be without prejudice to the titulars and others having interest to pursue for rectifying of such valuations as are or shall be severely undervalued, and also without prejudice of the ministers' maintenance and augmentation proportionally pertaining to the true and just worth of the teind.
[1633/6/24]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord the king's majesty, shortly after the decease of his majesty's late dearest father King James VI of ever blessed memory, for preserving of the liberty and privilege due to his majesty by the common law and by the acts and statutes of the kingdom, and following the laudable custom used before by his majesty's predecessors in making of their revocations, did upon 12 October 1625 make and give forth his general revocation under his privy seal, as the same in the self at more length bears. And his majesty, being now present in his royal person within this kingdom and having by God's grace, favour and blessing, and with the general acclamation, joy and comfort of his subjects, accepted the crown thereof wherein he is gloriously inaugurated, and now holding the first parliament of his whole estates of the said kingdom, with whom his majesty has advised and resolved regarding the said revocation, therefore his majesty, with consent of the three estates and whole body of this present parliament, has statute, enacted and ordained and, by this act, statutes, enacts and ordains in manner following: in the first, his majesty and whole estates of parliament revoke, make void and annul all infeftments, charters, precepts, confirmations, alienations, gifts, donations, rights, securities and other dispositions whatsoever of any rents, lands, lordships, baronies, heritages, teinds, patronages of kirks, offices, privileges and others whatsoever annexed to the principality or to the prince who is second person of the realm made, conveyed, signed or consented to by his majesty's self in his minority and less age or by his majesty's late dearest father for himself as prince of Scotland, or as father and lawful administrator to his majesty, or to the late Prince Henry, his majesty's brother of worthy memory, or by the said late Prince Henry himself, or made and granted by his majesty's said late dearest father or any other of his majesty's predecessors of Scotland in their times to whatsoever person or persons in hurt and prejudice of the prince who is second person foresaid, or made and granted by his majesty at any time preceding the date hereof unlawfully and against the laws of the kingdom, the same being tried and found to be so. Item, his majesty, with consent of the said estates, revokes, makes void, annuls, retreats and rescinds all and sundry infeftments, grants, dispositions, confirmations and other rights whatsoever made by his majesty during his minority and less age to whatsoever person or persons in fee, freehold or otherwise of the lands, kirks, teinds, patronages, offices and others pertaining to the lordship of Dunfermline, to the which his majesty succeeded as only son and heir to his majesty's late dearest mother, Queen Anne, who was heritably infeft in the said lordship of Dunfermline. And also revokes all gifts, alienations, dispositions and other rights whatsoever made by his majesty or his said dearest mother unlawfully and against the laws of the kingdom of the said lordship or of any lands, teinds, offices, kirks, patronages and others pertaining to the said lordship at any time preceding the date hereof, the same being so found and verified before the ordinary judge. Item, his majesty and estates foresaid revoke, make void, annul, retreat and rescind all and sundry infeftments, charters, gifts, donations, confirmations, alienations, pensions and other dispositions whatsoever made, conveyed, signed or consented to by his majesty or by his majesty's late dearest father, or by any other of his majesty's predecessors in their several times to whatsoever person or persons in any manner of way in fee, feu ferm, freehold or otherwise whatsoever of any lands, rents, lordships, baronies, patronages of kirks, customs, annuals, fishings, liberties of fishings, burgh mails, other rents, castle wards or other whatsoever annexed to the crown offices of justiciary, stewartry and bailiary within the same appertaining thereto, contrary to the acts of annexation made thereupon of before, and where lawful dissolution of the said annexation was not made by his majesty, his said late dearest father and his said predecessors of Scotland in their majority, with consent of the three estates of parliament in their several times, for setting of the same in feu ferm with augmentation of the rental to the effect the same may be of no value in time coming after the date hereof by way of action, exception or reply. Item, his majesty, with consent foresaid, revokes, annuls, retreats and rescinds all infeftments, donations, alienations and other dispositions whatsoever made by his majesty or his said late dearest father, either in their minority to their hurt and damage, or in their majority against the laws and acts of parliament, to whatsoever person or persons of whatsoever lands, rents, annuals and revenues not annexed to the crown, whereof his majesty's late dearest grandmother Queen Mary was in possession before the coronation of his majesty's late dearest father of happy memory, and of all offices such as chamberlainships, bailiaries, office of customs collector made for more years but from the exchequer until the account be made in the exchequer following constabularies, bailiaries, tacks and rentals of his majesty's proper lands and rents above the space of five years made and granted contrary and against the laws and acts of parliament of the kingdom, the same being so found and tried. Item, his majesty, with consent of the estates, revokes, makes void, annuls, retreats and rescinds all and whatsoever infeftments, rentals and other rights whatsoever, of any part of the annexed property or of the feu ferms of whatsoever proper lands annexed to his majesty's crown made to whatsoever person by his majesty or his late dearest father or any other of his majesty's predecessors which are made in diminution of the rental and hurt of the patrimony of the crown where the diminution may be proved and verified. Item, his majesty revokes, makes void, annuls, retreats and rescinds all and whatsoever infeftments, alienations and dispositions made by his majesty or by his late dearest father or any other of his majesty's noble progenitors of the feu ferm victual of any lands pertaining to the crown which were lawfully set in feu of before for payment of the feu ferm victual, and the same feu ferm victual is set thereafter in feu or otherwise for silver payment because such a set or feu ferm being so found and tried is clearly understood to be to the great abuse, hurt and diminution of his majesty's patrimony and rent. Item, his majesty revokes, makes void, annuls, retreats and rescinds all infeftments, alienations and dispositions with all tacks and assedations and any other sort of conveyances whatsoever made by his majesty or his majesty's dearest father, or any other of his majesty's predecessors of Scotland, against the laws of the kingdom to whatsoever persons of his majesty's castles and houses or places and rooms whereupon the said castles and houses were situated, although now demolished by injury done to his majesty and the said crown, and also all infeftments, alienations and dispositions and all other sort of conveyances whatsoever of any of his majesty's meadows, woods and parks with all tacks, assedations and other dispositions thereof made by his majesty or his predecessors foresaid against the laws of the kingdom, the same being so found and tried. Item, his majesty revokes, retreats and rescinds all and sundry infeftments, alienations, gifts, dispositions or any other conveyances whatsoever made by his majesty's said late dearest father or any other of his majesty's predecessors of Scotland during their minority and less age and not thereafter confirmed in their majority to whatsoever person or persons in feu ferm or liferent of all lands and annualrents which came in their hands as property by right of the crown, through bastardry or being last heir, by recognition or forfeiture or otherwise, with all confirmations if any be granted in parliament thereupon, providing that presentation to tenancies fallen by occasion foresaid shall in no way come under this present revocation because the same being casualties could not remain in his majesty or his said predecessor's hands in prejudice of the superior of the said tenancies, but of necessity it behoved them to present heritable tenants to the said superiors. Item, his majesty, with consent foresaid, revokes, makes void, annuls all new infeftments, confirmations and other conveyances whatsoever given by his majesty's said late dearest father or any other his majesty's predecessors of Scotland to whatsoever person or persons of any lands, baronies, lordships or other heritages whatsoever to be held in blench ferm, which were held of his majesty or of his predecessors before by service of ward and relief, and that in so far as the same is or may be found and verified to have been granted against the laws and acts of parliament of the kingdom, without prejudice always to the heritable possessors in case of reduction of their changed tenors to possess and hold their said lands heritably as they were held before the alteration of the said holding. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all regalities and gifts of regalities and all confirmations and ratifications of the said gifts and regalities made, given or granted or consented to by his majesty or his said late dearest father or any other of his majesty's predecessors of Scotland against the acts and statutes that no regalities should be given in heritage without advice and deliberation of the whole parliament, together with all charters, infeftments, confirmations, gifts of novodamus and other rights whatsoever made by his majesty or his predecessors above-named of whatsoever heritable offices against the laws and acts of parliament of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all new creation of lands, baronies and annexations and unions of diverse lands in fee which are made by his majesty or his said late dearest father or any other of his majesty's predecessors of Scotland in prejudice of their due service owing of before, together with all discharges given of the said service and suits of court due of old, and that in so far as the same is or may be found to be unlawfully made or against the laws of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all new infeftments made and given by his majesty or his said late dearest father or any other his majesty's predecessors of Scotland of creation of baronies and lordships annexed to the crown foresaid in favour of whatsoever person in so far as the same is or may be verified to have been made and granted unlawfully and against the laws of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all infeftments, gifts and dispositions whatsoever set, given and granted by his majesty or his said late dearest father or any other his majesty's predecessors of Scotland to whatsoever person or persons in fee, feu ferm or liferent, of whatsoever hospitals, maison dieus, lands or rents pertaining thereto in hurt or prejudice of consciences and against the laws and acts of parliament of the kingdom to the end that the said hospitals may be reduced to the first institution for upholding of the poor, so far as may be done by the laws of the kingdom, providing always that the rents of the Trinity College beside the burgh of Edinburgh and other rents assigned to the hospital and college erected by the provost, bailies and council of the burgh of Edinburgh be in no way comprehended under this present revocation. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all and whatsoever gifts, pensions, gifts of fees, wages, liveries and dispositions out of his majesty's casualties and coffers given by his majesty or by any of his majesty's noble progenitors (except such as shall be of new granted by his majesty again), together with all presentations to offices and places which by the laws of the realm fall under his majesty's revocation, excepting always the presentations, fees and pensions given to the ordinary officers of the crown after-specified, their deputes and clerks and to the other persons after-mentioned, which are declared in no way to shall within this present revocation, they are to say: the fees and pensions given and assigned to the treasurer, comptroller and collector principal and to his majesty's depute treasurer and to their deputes and clerks, to the secretary principal and his deputes, to the clerk register, to his majesty's advocate and the justice clerk and their deputes, and to the master of requests, and to the procurator for the poor, director of the chancellery and dictator of the rolls. And also declares the pensions and others underwritten in no way to fall under his majesty's revocation, namely: the pension to [James Stewart], duke of Lennox, his late father or uncle; the pension to [William Douglas], earl of Morton, with the tack and assedation of Orkney and Shetland; the pension to Sir Robert Kerr of Ancrum; the pension to Master John Sandilands; the pension to Sir James Lockhart [younger, of Lee]; the pension to Sir James Livingstone [of Biel]; the pension to Sir William Balfour; the pension to Halbert Maxwell; the pension to Sir James Carmichael [of that Ilk]; the pension to Sir James Ramsay; and the pension to Sir John Murray of Ravelrig, which his majesty and estates declare shall stand in effect, notwithstanding of this present revocation. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts, pensions and free discharges of the thirds of benefices granted by his majesty or his said late dearest father or any other of his majesty's predecessors of Scotland to whatsoever person or persons against the laws and acts of parliament of the kingdom, with all tacks of thirds of benefices whereby the rental duty is diminished or where the whole benefice is set and conveyed in diminution of the third thereof, in so far as the same is contrary to the laws of the kingdom as said. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all and whatsoever infeftments made by his majesty or his said late dearest father or any other his majesty's predecessors of any church lands, friar lands, monk lands or common lands which in any way fell and became in their hands as property, and that in so far as the same is or may be verified to be made contrary and against the laws and acts of parliament of the kingdom, reserving always the infeftment made for erection and sustentation of hospitals and ministers within burghs where there is no assignation nor stipend allowed out of the thirds of benefices for sustentation of the ministers thereof, and declares that all such infeftments of church lands as are before expressed fall under this revocation if the person or persons and their successors to whom the same have been conveyed have not answered and performed the cause and ends expressed in the said infeftments, and for the which the said infeftments were granted by his majesty and his predecessors as said is. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all tacks and assedations whatsoever of any common churches within the realm of Scotland made by his majesty or his said late dearest father or any other his majesty's predecessors of Scotland in so far as the same is or may be found and verified to be made against the laws and acts of parliament of the kingdom, providing always that there shall be sufficient ministers appointed to serve the said churches who shall make residence and shall be sufficiently sustained of the readiest fruits of the said common kirks according to the general order taken relating thereto. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts of monks' portions, first fruits or fifth penny of any benefices whereto his majesty has right by the acts of parliament made before to that end, and that in so far as the said gifts are or may be found to be granted against the laws of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts and infeftments made, done and consented to, to whatsoever person or persons by his majesty or his majesty's said late dearest father or any other his majesty's predecessors of Scotland of whatsoever advocation, donation and right of patronage given or annexed to any lordships, lands or barony where the said patronage, advocation and donation of benefice pertained not before of right, but which takes the beginning and ground from any gift and infeftment thereof made, with this clause of novodamus where the purchaser of the said infeftment had no right to the said patronage, advocation and donation of before; and that in so far as the same is or may be found to be granted against the laws and acts of parliament of the kingdom. Item, his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all gifts, dispositions of surplus omitted of the fruits of benefice given by his majesty, his said late dearest father, or any other his majesty's predecessors of Scotland in so far as the same is or may be found and verified to be granted against the laws and acts of parliament of the kingdom. Item, his majesty, with consent of the estates, revokes, makes void, annuls, retreats and rescinds all grants and infeftments of erections of whatsoever abbacy or other prelacy in whole or in part, temporality or spirituality thereof, made and granted or consented to by his majesty at any time preceding the date hereof, to and in favour of whatsoever person or persons, and declares the same null and of no value by way of action, exception or reply. And also his majesty and estates revoke all infeftments of erections made and granted by his majesty's said late dearest father or any his majesty's predecessors of Scotland of whatsoever abbacy, priory, nunnery, preceptory or any other erected benefice whatsoever of whatsoever nature, quality or condition, whereof the presentation should pertain to his majesty if the same were not erected in a temporal barony, lordship or living or of any part or pendicle thereof, either spirituality or temporality of the same, to and in favour of whatsoever person or persons, and that in so far as the same is or may be verified to be granted against the general laws and acts of parliament of the kingdom, and to that effect revoke, make void, annul, retreat and rescind all acts, statutes and dissolutions of any of the said erected benefices, lands or teinds of the same whereupon the said infeftments of erections are or have been founded, and that in so far as the same is or may be found and verified to be contrary to the general laws, acts of parliament and statutes of the kingdom as said is. And generally his majesty, with consent foresaid, revokes, makes void, annuls, retreats and rescinds all acts, constitutions, dispositions, grants, conveyances, ratifications and all other things whatsoever done or consented to by his majesty at any time preceding the date hereof, or by his late dearest father or by any other of his majesty's predecessors of Scotland in detriment of their soul and conscience, in hurt and detriment of the crown and church, and contrary to the laws and acts of parliament of the kingdom, and wills and declares that this revocation shall be as amply extended and to be of as great effect in general and special as any revocation made by any of his majesty's royal predecessors before the date hereof contained in the books of parliament, which in all heads, clauses, circumstances thereof are held as repeated here. And also his majesty, with consent of the estates, ordains and decrees that albeit it shall happen his majesty for any respect or consideration to suffer any person or persons to use or possess any privilege or possessions, lands, rents, offices which are fallen under the compass hereof, that it shall make no right to the users and holders thereof, but it shall be lawful to his majesty and his successors to intromit therewith whenever it shall please them by virtue of these present acts and customs of the realm made before without any obstacle, impediment or contradiction.
[1633/6/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the whole acts of annexation of whatsoever lands, lordships and baronies annexed to the crown by his majesty's late father or any other of his majesty's predecessors. And further his majesty and estates foresaid, and without derogation of the former annexations, of new annex the same to the crown, to remain therewith for ever according to the conditions and provisions contained in the former acts of annexation of lands to the crown, and specially of the act of annexation made in the days of King James II in the month of August 1455. Moreover, his majesty, with consent foresaid, declares the right and title of superiority of all and sundry lands, baronies, mills, woods, fishings, towers, fortalices, manor places and whole pertinents thereof pertaining to whatsoever abbacies, priories, prioresses, preceptories and whatsoever other benefices of whatsoever estate, degree, title, name or designation the same be of, erected in temporal lordships, baronies or livings before or after the general act of annexation of kirklands made in the month of July 1587, together with the whole feu mails, feu ferms and other rents and duties of the said superiorities, to be annexed and to remain with the crown for ever, reserving to such lords and titulars of erections and each one of them who have subscribed the general surrender the feu mails and feu ferms of their said superiorities until they receive payment and satisfaction of the sum of 1,000 merks usual money of Scotland for each chalder of feu ferm victual overhead and for each 100 merks of feu mails and for each 100 merks worth of all other constant rent of the said superiorities not consisting in victual or money and not being naked service of vassals, according to the tenor of his majesty's general determination and according to the conditions therein expressed, and reserving to them and to all other titulars of erection their property and proper lands, to be held of his majesty and his successors in feu ferm for payment of the feu ferm duties and other duties contained in the old infeftments made to them, their predecessors and authors before the said act of annexation. Likewise his majesty and estates foresaid find and declare that all titulars of erection without exception shall hold their property and proper lands of his majesty and his successors in feu ferm for payment of the feu ferm duties contained in the infeftments granted to them and their foresaid before the said act of annexation and no otherwise. And his majesty and estates declare all rights and deeds whatsoever made and granted to whatsoever person or persons preceding the date hereof which may prejudice his majesty and his successors in the peaceable holding, enjoying and possessing of the said superiorities and feu ferm duties above-specified (excepting and reserving as said is) to be null and of no value, force nor effect by way of action, exception or reply. And also his majesty and estates ratify and approve the acts of parliament made by his majesty's said late dearest father of eternal memory, the 15th parliament, chapter 233, entitled, 'Regarding the annexation of the king's annexed property', together with the 234th act of the said parliament entitled, 'The annexed property may not be conveyed but in feu ferm only', and also the 236th act of the same parliament, entitled, 'Disposition of the annexed property made before the dissolution or not according to the conditions thereof is null', and also the 243rd act of the said 15th parliament entitled, 'Regarding ratifications or dispositions made in parliament', and ordain the same to have full force and effect in all time coming, and declare all deeds done in contrary thereof to be null and of no value by way of action, exception or reply. It is always declared that under this present act or any clause thereof in no way shall be comprehended the temporal lands, superiorities and others pertaining to whatsoever archbishops, bishops and their chapters, but that the same shall remain with them and their successors unhurt or prejudiced by this present act.
[1633/6/26]*[print] [email] [cite] [preceding] [following]
Forasmuch as albeit the lands, lordships, baronies and others of old are lately annexed to the crown, were and are, for great and weighty considerations tending to the well of the crown and whole realm, ordained to remain with our sovereign lord and his successors for ever and not to be conveyed nor alienated in fee nor liferent to whatsoever person or persons without advice of the three estates of parliament, and for profitable and evident causes tending to the well of the whole realm, yet nevertheless it has been ever thought expedient in the days of our sovereign lord's most glorious predecessors and in no way derogatory to the conditions of the said annexations, but agreeable thereto as tending to the public well of the crown and kingdom that the annexed and proper lands should be set in feu ferm for increase of policy and augmentation of the rental. And his majesty being well pleased to observe and follow the order kept by his majesty's predecessors foresaid regarding his majesty's annexed property, therefore his majesty, with consent of his three estates of parliament, statutes and ordains that it shall be lawful to his majesty during his time to set all and sundry lands, baronies, lordships, mills, fishings and other of his majesty's proper lands, both of the old and new annexed property and of the temporality of kirklands, in feu ferm, so that it be not in diminution of his majesty's rental, grassums and other duties, but in augmentation thereof, providing always that this present dissolution shall in no way be extended to the setting in feu ferm of any of our sovereign lord's castles, palaces, yards, woods, parks, forests, pastures for sheep and cattle, and especially the lomonds of Falkland, coal pits and offices, but the same to remain inseparably annexed to the crown notwithstanding of this present dissolution. And declares that this present dissolution shall endure for the lifetime of our sovereign lord, the king's majesty who now is, only so that the lands and others foresaid which he sets in feu ferm in his time, with the condition foresaid, shall stand perpetually to and in favour of the receivers thereof, their heirs and successors, and after his decease the annexations made at this present parliament and of before shall return to the own nature.
[1633/6/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of the lords of council and session of the date at Edinburgh, 30 March 1630, regarding the interruption of the act of prescription in favour of his majesty and his successors, together with the act of secret council of the date at Holyroodhouse, 26 May 1630, whereby the said lords of secret council have allowed and approved the said act, and ordain the said acts to be inserted in this present ratification. And his majesty and estates declare the said acts to have the full force, effect and execution of a law, statute and act of parliament in favour of his majesty and his successors in all time coming.
Follows the tenor of the act of council and session:
At Edinburgh, 30 March 1630. The which day, in presence of the lords of council and session, compeared personally Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, and presented a letter directed from his sacred majesty, whereof the tenor follows: Rex. Right trusty and right well-beloved cousin and councillor and trusty well-beloved, we greet you well. Whereas by act of parliament made in the month of June 1617 all heritable rights clad with 40 years' possession are declared to be irreducible in all time coming, except the same be quarrelled within the space of 40 years, and by the same act there is liberty granted to all persons who might be prejudiced by the said prescription of 40 years already run and expired before the date of the said act to intend their actions within the space of 13 years after the date of the said act; and whereas we, shortly after the decease of our dearest father of eternal memory, made our general revocation in the month of October 1625, which revocation we by two special letters of declaration, one of the date at Whitehall, 26 January 1626, and registered in the books of secret council on 9 February 1626, and another of the date at Wanstead, 11 July 1626, and registered in the books of secret council upon 21 July 1626, have restricted to the annulling of rights of the property of the crown, as well annexed as unannexed, whereof account has been made in exchequer, and of the principality unlawfully conveyed by our predecessors against the laws and acts then standing, and to the annulling of erections and other dispositions of whatsoever lands, teinds, patronages and benefices formerly belonging to the kirk and since annexed to the crown, and of any other lands and benefices mortified and devoted to pious uses, and of regalities and heritable offices, and of the change from the ancient holdings of ward and relief to blench or taxed ward since the year of God 1540. And because we were unwilling to enter in process with our subjects regarding the premises, but rather desired to take a fair course with all such as would voluntarily treat with us or our commissioners thereto, therefore we were pleased by our commission of the date at Whitehall, 17 January 1627 to appoint certain of our nobility, clergy, gentry, barons and burgesses to be commissioners to treat and deal between us and our subjects regarding the premises. And albeit the said commission has made a good progress in the said matter of erection and teinds, and that a great number of our subjects having interest therein have subscribed to us general submissions, whereupon we have given forth our several determinations for the good of our subjects and establishing of the perpetual quietness and peace of that our ancient kingdom, yet it is certain that many of those who have interest in erections and teinds lie forth and have not subscribed the said general submissions, likewise also the remaining points of our said commission regarding the patronage of kirks, rights and infeftments of our property and principality, regalities, heritable offices and changed tenors of holding in blench or tax wards are not as yet begun to be handled and treated, and cannot be possibly finished and closed before the expiring of the time and years of interruption allowed by the said act. And because we will not suffer ourself or our successors to be prejudiced by delay of the execution of the said commission of the lawful actions competent to us and them for reducing of such rights of the premises to the which we have undoubted interest, and seeing a multitude cannot be commodiously summoned and warned personally or at their dwelling places in so short time as is to run of the said time of prescription, therefore, and for preservation of our rights and actions competent to us and our successors regarding the premises necessary, it is that some solemn act be done by us to testify our will and resolution to prosecute our said actions in the own time if the same be not taken away and removed by the said commission, which we think cannot be more properly and conveniently done than by inserting of this our declaration in your books of session and directing of letters of publication thereupon certifying all our lieges who have interest in the premises by open proclamation at the market cross of our burgh of Edinburgh and other places needful of this our pleasure, will and declaration, and that the same be declared by you to have the strength, force, virtue and power of a legal and perfect interruption. And therefore we require you immediately after the sight hereof to cause insert this letter in your books of session and to declare the same to have the force of a legal and lawful interruption, and to direct letters of publication thereupon in the appropriate form, which, not doubting you will do, we bid you farewell. From our court at Whitehall, 29 November 1629. With the which letter, tenor, contents and desire thereof, after the same with the act of parliament whereto it is relative was read in their whole presence, the said lords being well and ripely advised and having considered the justice and equity of his majesty's will and pleasure therein contained, they have ordained and ordain the said letter and declaration contained therein to be inserted and registered in their books of sederunt, and ordain letters of publication to be directed and passed thereupon certifying all his majesty's lieges who have interest by open proclamation at the market cross of Edinburgh and other market crosses of the kingdom where the lands, baronies and others underwritten lie, or where the persons and subjects dwell and remain against whom the said declaration is to have the effect of a legal interruption in manner following, and by open proclamation at the said market cross of Edinburgh and pier and shore of Leith for all such of his majesty's lieges who are out of this realm, of his majesty's pleasure, will and declaration, and of the said lords their decreet and authority interposed thereto. Likewise the said lords declare that the said declaration registered as said is and to be published in manner foresaid shall have the strength, force and power of a legal and perfect interruption against all persons having interest, and that in so far only as may be extended to the particulars following, namely: to his majesty's annexed property and his majesty's property unannexed whereof the ferms, duties or feu ferms have been accounted in his majesty's exchequer since the month of August 1455 and unlawfully conveyed by his majesty's predecessors against the acts of parliament and laws of the kingdom, and to the principality unlawfully conveyed by his majesty's predecessors against the acts of parliament and laws of this kingdom, and to the reduction of whatsoever erections of whatsoever benefices, spirituality or temporality thereof, against the laws and acts of parliament, and to the reduction of whatsoever patronages of kirks pertaining to his majesty and his predecessors and unlawfully conveyed by them against the acts of parliament, and against unlawful dispositions of whatsoever lands, teinds or rents endowed to hospitals or maison dieus, and unlawfully conveyed against the acts of parliament, and against regalities and heritable offices unlawfully conveyed contrary to the acts of parliament, and against all changed tenors of holding from ward to blench or taxed ward granted by the kings and princes in their minorities, and not granted or ratified by any king or prince being major, with this declaration: likewise the said lords declare that the same shall not prejudice any person whatsoever of their lawful defence competent to them against any action to be intended hereafter at his majesty's instance and his successors, except in so far as concern the said act of prescription, whereupon the said lords declare that no exception shall be founded in prejudice of his majesty and his successors.
Follows the tenor of the act of secret council:
At Holyroodhouse, 26 May 1630. The which day, in presence of the lords of secret council, compeared personally Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, and gave in the act of session underwritten made in favour of his majesty regarding the interruption of the act of prescription and desired the same to be inserted and registered in the books of privy council and the lords' authority to be interposed thereto. Which act of session being read, heard and considered by the said lords, and they being therewith and with the desire of the said advocate well advised, the lords of secret council think the course and order taken by the said lords of session for interrupting of the said act of prescription to be just and reasonable, and therefore they ordain the said act of session to be inserted and registered in the books of privy council, whereof the tenor follows:
At Edinburgh, 30 March 1630. The which day, in presence of the lords of council, compeared personally Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, and presented a letter direct from his sacred majesty, whereof the tenor follows: Charles Rex. Right trusty and right well-beloved cousin and councillor and right trusty and well-beloved, we greet you well. Whereas by act of parliament made in the month of June 1617 all heritable rights clad with 40 years' possession are declared to be irreducible in all time coming, except the same be quarrelled within the space of 40 years, and by the same act there is liberty granted to all persons who might be prejudiced by the said prescription of 40 years already run and expired before the date of the said act to intend their actions within the space of 13 years after the date of the said act. And whereas we shortly after the decease of our dearest father of eternal memory made our general revocation in the month of October 1625, which revocation we by two special letters of declaration, one of the date at Whitehall, 26 January 1626, and registered in the books of our secret council on 9 February 1626, and another of the date at Wanstead, 11 July 1626, and registered in the books of our secret council upon 21 July 1626, have restricted to the annulling of rights of the property of our crown, as well annexed as unannexed, whereof account has been made in our exchequer, and of the principality unlawfully conveyed by our predecessors against the laws and acts then standing, and to the annulling of erections and other dispositions of whatsoever lands, teinds, patronages and benefices formerly belonging to the kirk and since annexed to the crown, and of any other lands and patronages which in any way should justly belong to the kirk or crown, and of whatsoever lands and benefices mortified and devoted to pious uses, and of regalities and heritable offices, and of the change of holdings from the ancient holding of ward and relief to blench and taxed ward since the year of God 1540. And because we were unwilling to enter in process with our subjects regarding the premises, but rather desired to take a fair course with all such as would voluntarily treat with us or our commissioners in respect thereto, therefore we were pleased by our commission of the date at Whitehall, 17 January 1627 to appoint certain of our nobility, clergy, gentry, barons and burgesses to be commissioners to treat and deal between us and our subjects in the premises. And albeit the said commission has made a good progress in the said matter of erections and teinds, and that a great number of our subjects having interest therein have subscribed to us general submissions, whereupon we have given forth our several determinations for the good of our subjects and establishing the perpetual quietness and peace of that our ancient kingdom, yet it is certain that many of those who have interest in erections and teinds lie forth and have not subscribed the said general submissions; likewise also the remaining points of our said commission regarding the patronage of kirks, rights, infeftments of our property and principality, regalities, heritable offices and changed tenors of holdings in blench or tax wards are not as yet begun to be handled and treated and cannot possibly be finished and closed before the expiring of the time and years of the interruption allowed by the said act, and because we will not suffer ourselves nor our successors to be prejudiced by delay of the execution of the said commission of the lawful actions competent to us and them for reducing such rights of the premises to the which we have undoubted interest, and seeing a multitude cannot be commodiously summoned and warned personally and at their dwelling places in so short time as is to run of the said time of prescription, therefore, and for preservation of our rights and actions competent to us and our successors regarding the premises, it is necessary that some solemn act be done by us to testify our will and resolution to prosecute our said actions in the own time if the same be not taken away and removed by the said commission, which we think cannot be more properly and conveniently done than by inserting of that our declaration in your books of session and directing of letters of publication thereupon certifying all our lieges who have interest in the premises by open proclamation at the market cross of Edinburgh and other places needful of that our pleasure and declaration, and that the same be declared by you to have the strength, force, power and virtue of a legal and perfect interruption. And therefore we require you immediately after the sight hereof to cause insert this letter in your books of session, and to declare the same to have the force of a legal and lawful interruption, and to direct letters of publication thereupon, in the appropriate form, which, not doubting you will do, we bid you farewell. From our court at Whitehall, 29 November 1629. With the which letter, tenor, contents and desire thereof, after that the same with the act of parliament whereto it is relative were read in their whole presence, the said lords being well and ripely advised and having considered the justice of his majesty's will and declaration contained therein, they have ordained and ordain the said letter and declaration therein contained to be inserted and registered in their books of sederunt, and ordain letters of publication to be directed and passed thereupon certifying all his majesty's lieges who have interest by open proclamation at the market cross of Edinburgh and other market crosses of the kingdom where the lands, baronies and others lie or where the persons and subjects dwell and remain, against whom the said declaration is to have effect of a legal interruption in manner following, and by open proclamation at the said market cross of Edinburgh and pier and shore of Leith for all such of his majesty's subjects as are out of this realm, of his majesty's pleasure, will and declaration, and of the said lords, their decreet and authority interposed thereto. Likewise the said lords declare that the said declaration registered as said is and to be published in manner foresaid shall have the strength, force and power of a legal and perfect interruption against all parties having interest, and that in so far only as may be extended to the particulars following, namely: to his majesty's annexed property and his majesty's property unannexed, whereof the ferm duties or feu ferms have been accounted in his majesty's exchequer since the month of August 1455 and unlawfully conveyed by his majesty's predecessors against the acts of parliament and laws of the kingdom, and to the principality unlawfully conveyed against the acts of parliament and laws of this kingdom, and to the reduction of whatsoever erections of whatsoever benefices, spirituality and temporality thereof, unlawfully conveyed against the laws and acts of parliament, and to the reduction of whatsoever patronages of kirks pertaining to his majesty and his predecessors and unlawfully conveyed by them against the acts of parliament, and against unlawful dispositions of whatsoever teinds, lands and rents endowed to hospitals and maison dieus and unlawfully conveyed against the acts of parliament, and against regalities and heritable offices unlawfully conveyed contrary to the acts of parliament, and against all changed tenors of holdings from ward to blench or taxed ward granted by the kings and princes in their minorities and not granted or ratified by any king or prince being major, with this declaration: likewise the said lords declare that the same shall not prejudice any person whatsoever of their lawful defences competent to them against any action to be intended hereafter at his majesty's instance and his successors, except in so far as concern the said act of prescription, whereupon the said lords declare that no exception shall be founded in prejudice of his majesty and his successors concerning the premises.
[1633/6/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves that head and article of the act of parliament made in the month of July 1587, chapter 29, 'Regarding the annexation of the temporality of benefices to the crown', whereby the right and privilege of regality which pertained to whatsoever abbacy, priory, prioress or other benefice whatsoever is annexed to the crown, with this declaration: that the heirs of the vassals of the heritable tenants shall be entered by brieves forth of his majesty's chancellery to be directed to the provost and bailies of the burghs of the said regalities, without prejudice always to heritable bailies and stewarts of the said regalities, their heirs and successors of their rights and infeftments granted to them of the said bailiaries and stewartries of regality, which shall remain with them in the same condition they were before the same act of annexation except in the change of their superior, namely: in the king's majesty and his successors who in all times thereafter shall be their superior, as in the said act of parliament of the date foresaid at more length is contained. And further his majesty, with consent of the estates of parliament, makes void, annuls, retreats and rescinds all rights and titles made and granted by his majesty or his majesty's late father or by the late Queen Mary, his grandmother, to whatsoever person or persons of the right and privilege of regality pertaining to whatsoever abbot, prior, prioress, preceptor or other beneficed person whatsoever at any time preceding the date hereof, and declares the right and title of all and whatsoever regalities within the kingdom which pertained to whatsoever benefice, particularly or generally above-specified, at any time preceding the general annexation of kirklands, without respect to any exception mentioned in the said act of annexation, to pertain to his majesty and his successors in all time coming, reserving always to all heritable bailies and stewarts of the said regalities their rights and infeftments of the said bailiaries and stewartries granted to them by the said beneficed persons at any time preceding the date of the erections of the said abbacies, priories and others foresaid in temporal lordships. And it is declared that this act shall in no way be extended to the right of regality of whatsoever lands and superiorities pertaining to the archbishops and bishops of this kingdom by virtue of their gifts and provisions granted to them or their predecessors thereupon, which shall remain with them unhurt or prejudiced by this present act. And also it is declared, determined and ordained that the lands and barony of Broughton, comprehending the towns, lands, burgh in barony, mills and others mentioned in the infeftments granted by his majesty under his highness's great seal to his highness's right trusty cousin and councillor Robert [Ker], earl of Roxburghe, of the date the [...] day of [...] 1630, shall not be comprehended herein, excluding the same wholly therefrom to remain with the said earl, his heirs and successors, after the form and tenor of the infeftments made to him and his authors of the same.
[1633/6/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, finds, declares and ordains that his majesty and his successors have and shall have good and undoubted right to the superiority of all and sundry lands, baronies, mills, woods, fishings, towers, fortalices, manor places and whole pertinents thereof pertaining to whatsoever abbacies, priories, prioresses, preceptories and whatsoever other benefices, of whatsoever estate, degree, title, name or designation the same be of, erected in temporal lordships, baronies or livings before or after the general annexation of kirklands made in July 1587, and to the whole casualties of the said superiorities not conveyed before the date of the general commission, which is of the date at Whitehall, 17 January 1627; and also to the whole feu mails, feu ferms and other rents and duties of the said superiorities of all years after the date of the said commission, reserving to such lords and titulars of erections who have subscribed the general surrender the feu mails and feu ferms of their said superiorities until they receive payment and satisfaction of the sum of 1,000 merks usual money of Scotland for each chalder of feu ferm victual overhead, and for each 100 merks of feu mails and for each 100 merks worth of all other constant rent of the said superiorities (not consisting in victual or money and not being naked service of vassals), according to the tenor of his majesty's general determination and according to the conditions therein contained, which are held as repeated and expressed here. And also with this declaration: that this act shall be without prejudice to the said lords and titulars of erection of whatsoever lands, baronies, woods, fishings, manor places, mills, multures and others of the said erected benefices pertaining to those who have surrendered as said is in property, and whereof they had the right of property the time of the said general surrender, acquired by them either before or since the said erections by whatsoever manner of way according to the laws of the kingdom, providing they hold the said property of his majesty and his successors as the same were held before the date of the said erections and for payment of the feu mails, feu ferms and other duties mentioned in the old infeftments of the said lands before the date of the said erections. And his majesty and estates declare all rights and deeds whatsoever granted by his majesty or his late dearest father or grandmother, Queen Mary, to whatsoever titulars of erections which may prejudice his majesty and his successors in the peaceable holding, enjoying and possessing of the said superiorities and whole benefit thereof above-specified (under the exceptions always and provisions above-written) to be null and of no value, force nor effect by way of action, exception or reply. And also find and declare that the said lords and titulars of erection shall hold their property and proper lands of his majesty and his successors as the same were held before the date of the said erections, and for payment of the feu mails, feu ferms and other duties mentioned in the old infeftments of the said lands granted to them and their authors before the date of the said erections. It is always provided and declared that this act nor any clause therein contained shall be extended to the superiorities of whatsoever lands, baronies and others pertaining to whatsoever archbishop, bishop and their chapters, but that the same shall remain with them and their successors unhurt or prejudiced by this present act.
[1633/6/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the act of the general commission of teinds and surrenders of the date at Holyroodhouse, 29 May 1627, whereby it is found and ordained that his majesty and his successors shall have the constant rent and duty following paid out of the teind bolls of victual, and out of the body of the rest of the teinds of the kingdom reduced in money, except the teind bolls and silver paid to the bishops, being the rent pertaining to them, in the estate wherein the same is presently paid or presently payable to them, and except the teind bolls and silver paid to ministers in name of stipend for serving the cure and to the colleges, hospitals and other pious uses, that is to say: of every teind boll of the best wheat, 10s; of every boll of the best teind barley, 8s; and of every boll of the best teind oats, meal, peas and rye, 6s; and where oats are of that nature that they will not render above half meal, the rent is to be 3s; and where the bolls of victual are of inferior goodness, worth and price than the best, that his majesty's annuity forth thereof shall be modified proportionally; and where the rent does not consist in victual but in money, that his majesty and his successors shall have of every 100 merks of parsonage and vicarage teind not consisting in victual rent the sum of 6 merks money: together with the act of the said commission of the date at Holyroodhouse, 8 August 1628, whereby it is ordained that the payment of the said annuity shall have the beginning of the crop and year of God 1628; together with another act of the said commission of the date at Holyroodhouse, 14 July 1630, whereby letters of horning are ordained to be directed at the instance of his majesty's treasurer for payment of the said annuity of the crops 1628 and 1629 and yearly in time coming; together with an act of the convention of the estates of the date at Holyroodhouse, 29 July 1630, whereby the said estates have ratified and approved the said act of the date and tenor foresaid, regarding letters of horning to be directed at the instance of his majesty's treasurer for payment of his majesty's annuity of the crops and years of God 1628 and 1629 and yearly in time coming; and also ratifies and approves the act of the said commission of the date 23 March 1631, whereby it is ordained that in all teinds which shall be unvalued between now and 1 August 1631, that the heritor shall pay his just teind according to the fifth part of the present rent until the time that the constant rent be determined, and whereby it is statute and ordained that his majesty shall have right to uplift his annuity according to the said fifth part of the present rent until the time that the said constant rent be determined; together with another act of the said commission of teinds and surrenders of the date at Holyroodhouse, 14 December 1631, and ratified by the lords of secret council upon 20 December, whereby it is statute and ordained for an interim that the annuity of teinds consisting in victual shall be paid to his majesty of all years bygone and in time coming according to the tenor of the said last act, and that according to the just and true prices of the victual in each part of the country, accounting for each 100 merks of the prices of the said victual, being reduced in money, 6 merks for his majesty's annuity, which act is thereafter upon 20 December 1631 ratified by the lords of secret council and letters of horning and poinding ordained to be directed thereupon, and thereafter ratified by the lords of exchequer upon 23 December. And his majesty and estates statute and ordain the said annuity forth of the teinds to be paid to his majesty and his successors of the said crop and year of God 1628, and of all years since and in time coming, and that as well out of the unvalued as valued teinds, according to the tenors of the said acts of convention, secret council and exchequer. And ordain letters of horning and poinding to be directed by the lords of his majesty's exchequer at the instance of his majesty's treasurer principal and depute for payment of the said annuity of all years bygone and in time coming. And ordain the lords of his majesty's exchequer to sit at all convenient times for granting and discussing of suspensions touching the said annuity of teinds. It is always declared that the last clause and article contained in the said act of annuity whereby the commissioners think fit that the said annuity of teinds shall be annexed to the crown is in no way ratified by this present act nor any clause thereof, and that his majesty takes to his own gracious consideration what to do relating thereto in whole or in part as his majesty in his royal wisdom shall think most expedient; and whatever his majesty shall do now or hereafter relating thereto shall be as valid and effectual as if the same had been particularly expressed in this present act.
[1633/6/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the act of parliament made by his majesty's late father of eternal memory, 18th parliament, chapter 12, entitled, 'Act regarding setting of feus to sub-vassals of wardlands', in the whole heads and articles thereof. And further his majesty, with consent of the said estates, has extended and does extend the said act of parliament and benefit thereof in favour of his sacred majesty and of the prince of Scotland and their successors in all time coming, and statutes and ordains that it shall in no way be lawful to whatsoever vassals holding lands of his majesty or of the prince of Scotland or of any duke, marquis, earl, viscount, lord, prelate, baron or any other person whatsoever holding their land of their superiors by service of ward and relief to set their said lands, baronies, mills, fishings or any other lands or heritages whatsoever, holding ward as said is, to any other person or persons in feu for payment of a feu ferm duty or in any manner of holding in prejudice of the said ward holding without special advice and consent of their superiors of whom they hold the same respectively, and rescinds and annuls all former acts of parliament of whatsoever date or tenor which may in any sort derogate to this present act. And finds and declares that all and whatsoever infeftments to be granted otherwise without consent of the said superiors respectively or their confirmation obtained thereto does in no way stop the ward of the said lands nor hinder the course of recognition vacant or which shall happen to fall vacant in the superior's hands in case of alienation of the same, either of the whole or of the most part thereof, according to the course of the common law, without consent of their superiors, without prejudice to their said superiors respectively and their successors of the benefit of the said act of parliament 1606, whereby all such infeftments and grants without consent as said is are declared to be null by way of action, exception or reply, which clause shall stand in favour of his majesty and in favour of the prince and their successors and other superiors respectively foresaid, each and in the same manner as if the said clause were inserted in this present act. And this act shall not be extended to deeds lawfully done in time bygone before the date of this present act, but only in future.
[1633/6/32]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, out of his royal and fatherly care, tendering the public good of this his ancient kingdom, did immediately after his happy attaining to the crown publish and give forth his royal declaration regarding the reforming of the abuses used in leading of teinds, wherein his majesty's late father of eternal and blessed memory laboured so much in his time and for provision and maintenance of kirks and other pious uses out of the said teinds. And now his majesty, being by God's gracious providence present in his royal person within this his majesty's ancient kingdom, and holding this his first parliament of his whole estates of the same, with whom his majesty has advised and resolved to put that glorious work regarding the teinds to a full perfection, therefore his majesty, with consent of the three estates, by this act, statutes, ordains and declares that there shall be no teind sheaves or other teinds, parsonage or vicarage, led and drawn within the kingdom, but that each heritor and life-renter of lands shall have the leading and drawing of their own teind, the same being first truly and lawfully valued, and they paying thereof the price after-specified in case they are willing to buy the same or otherwise paying thereof the rate of teind after-specified. Likewise his majesty and estates find and declare that the just and true rate of teinds is and shall be the fifth part of the constant rent which each land pays in stock and teind where the same are valued jointly, and where the teinds are valued apart and separately that the just rate thereof is and shall be such as the same is already or shall be hereafter valued and proved before the said commissioners or sub-commissioners, deducting the fifth part thereof for the ease of the heritors, reserving always liberty to such as shall find themselves severely hurt by the leading of the said valuations to pursue for rectifying of the same before the commissioners appointed by his majesty and estates for that effect. And also his majesty, with consent of the three estates, finds and declares that the price of all teinds which may be sold and alienated consisting either in money, victual or other bodies of goods is and shall be ruled and estimated according to nine years' purchase, the prices of victual and other bodies of goods whereof the teind consists being reduced in money according to the worth and price of victual and goods in each part of the country, to the which the same is and shall be apprised and estimated by his majesty's commissioners already appointed or to be appointed to that effect; and finds and declares that each heritor in the kingdom being willing to buy his own teind from the titulars having power to sell the same shall be obliged to buy the teinds of his own lands, except so much as shall be locally assigned to the minister serving the cure of the kirk for his maintenance, and to pay the prices foresaid between now and the term of Martinmas [11 November] 1635, where the valuation of the teinds is made and approved before the date hereof, and where the same is not yet valued and approved, within the space of two years after the same be valued and approved by the commissioners to be appointed by his majesty and estates to that effect; after the expiring of the which time his majesty and estates declare that the said titulars shall not be compelled to sell the same, except they do it of their own good will and consent, with this declaration always: that in case the impediment of not selling during the space foresaid flow from the titular by reason of his minority or other inability, in that case the heritor who offers himself ready to buy his own teind within the space foresaid shall have place so soon as the impediment is removed to buy his teinds, notwithstanding of the expiring of the years and spaces above-expressed. And it is declared that if the heritor be minor and his tutors neglect the buying of his teinds within the space foresaid, the minor shall have action against his tutors for the loss and taking part, but not action to compel the titular after the expiring of the space foresaid for selling of the said teinds. And where the said teinds are cost by the heritors as said is, finds that the heritor shall be obliged to give to the life-renter of the said lands having right thereto by contract of marriage, liferent, infeftment, conjunct fee or reservation out of the infeftment of fee, the leading of the teinds of their said liferent lands for payment of the rate of the teind of the same. And also finds that in all cases where teinds are not cost, that the heritors or life-renters of lands who have the leading of their own teinds by themselves, their tenants and others in their name shall be obliged to pay to the titulars of teinds the yearly rate thereof, according to the valuation of the same made or to be made, and to give security thereof according to the order set down and prescribed by the commissioners of surrenders and teinds or to be set down by the commissioners appointed or to be appointed by his majesty, with consent of the estates of this present parliament, deducting so much thereof as shall be assigned to the minister for his maintenance. It is always declared that whether the said teinds be sold or not, his majesty shall have his annuity out of the same according to the tenor of the act of annuity. And because sundry questions may arise both regarding the valuation of teinds and price of the same in diverse parts of the country, and regarding the securities to be made by the titulars to the heritors who buy their teinds and by the heritors to the titulars of the price to be paid for the same where the teinds are cost, or for payment of the rate of teind where the same is not cost, and also regarding the provision of the kirks with competent maintenance and for division of the price of teinds between the heritors and life-renters and rectifying of valuations already led to the severe hurt and prejudice of those having interest, therefore his majesty and estates have referred and refer the determination of the said particulars and all others concerning the teinds to the commissioners appointed by his majesty and estates in this present parliament. It is always declared that this present act shall be no further obligatory against whatsoever archbishops, bishops, parsons, vicars and other beneficed persons being ministers nor their successors but according to the provisions and conditions expressed in the submission made by the bishops to his majesty, which is of the date the [...] day of [...] 1628, and registered in the books of commission of surrenders and teinds upon 13 July 1631, which provisions and conditions are held as expressed herein. And also it is declared that the vicarages of each kirk being a separate benefice and title from the parsonage shall be separately valued to the effect the titulars or ministers serving the cure who have right to the said vicarages be not frustrated of the true worth of the said vicarages.
[1633/6/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve that head and clause of parliament made upon 22 May 1584, whereby his majesty's late father of eternal memory, with consent of the estates, appointed and ordained that all causes concerning his majesty's property, whether the same be suspension letters conforming to breaking of arrestment, deforcement of officers in the premises or any thing depending thereupon, shall be discussed before his majesty's exchequer in the exchequer house. And also his majesty, with consent of the estates, statutes and ordains that the lords of exchequer appointed or to be appointed by his majesty shall have undoubted power, warrant and authority to sit, examine and decide in all the foresaid causes concerning his majesty's property and others depending thereupon, and also in all causes concerning his majesty's annuity out of the teinds, and ordains them to sit at all convenient times for passing and discussing of suspensions and for deciding of all other actions concerning the said property and annuity of teinds, and to direct letters of horning and poinding and other execution necessary upon the decreets pronounced by them of or concerning the premises, and the horning to pass upon a simple charge of 10 days upon this side of the River Dee and upon 20 days north of the Dee only at the discretion of the said lords of exchequer.
[1633/6/34]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, immediately after his happy attaining to the crown of this his ancient and native kingdom, did out of his royal and fatherly care to the public good thereof give forth his royal declaration regarding the reforming of the abuses used in leading of teinds, and for provision and maintenance of kirks and other pious uses out of the said teinds, and also for restoring the crown to the superiorities of whatsoever benefices and temporalities thereof erected in temporal livings and against other prejudices and detriments done to the crown mentioned in the said declaration. And albeit his majesty has been still urging and following the performance of the particulars foresaid these five years bygone or thereabouts by commissions directed by his majesty under his great seal to that effect, wherein there has been good progress made, yet the same could not take a full end without the authority of a parliament; likewise his majesty, out of his earnest and tender affection to the public good of this his native kingdom, and for advancing the said great and glorious works intended by his majesty as said is, has taken the pains to come here in his royal person where his majesty, being present in solemn parliament with his three estates of his said ancient kingdom, have resolved and concluded upon the particular acts and statutes after following tending to the public good, peace, ease and comfort of his said kingdom and subjects thereof, namely: his majesty and estates foresaid have ratified the act of commission of surrenders and teinds of the date at Holyroodhouse, 26 June 1627, whereby it is found fit and expedient that the lowest proportion for maintenance of ministers shall be eight chalders of victual or 800 merks proportionally, except such particular kirks occur wherein there shall be a just, reasonable and expedient cause to go beneath the foresaid quantity, and has referred the consideration of the reasons and causes thereof to the commissioners to be chosen by his majesty, with consent of the estates in manner contained in the said act. Likewise also his majesty and estates, by another act and ordinance, have statute, ordained and declared that each heritor and life-renter of lands respectively shall have the leading and drawing of their own teinds, the same being first truly and lawfully valued and they paying thereof the price after-specified in case they be willing to buy the same, or otherwise for the yearly payment of the rate of teinds after-specified. Likewise his majesty and estates have by the said act found and declared that the true and just rate of teind is and shall be the fifth part of the constant rent which each land pays in stock and teind where the same are valued jointly, and where the teinds are valued apart and separately, that the just rate thereof is and shall be such as the same is already by virtue of the former general commission of surrenders and teinds proved and valued to, or else shall be hereafter valued and proved before the commissioners to be appointed by his majesty with consent of the estates, deducting the fifth part thereof for the ease of the heritors, reserving always liberty to such as shall find themselves severely hurt by the leading of the said valuations to pursue for rectifying of the same before the said commissioners to be appointed by his majesty and estates foresaid. Likewise his majesty and estates have by the said act found and declared that the price of all teinds which may be sold and alienated consisting either in victual, money or other bodies of goods is and shall be ruled and estimated according to nine years' purchase, the prices of victual and other bodies of goods whereof the teinds consist being reduced in money according to the worth and price of victual and goods in each part of the country, to the which the same is and shall be apprised and estimated by the said former commissions of surrenders and teinds, or by the commissioners to be appointed by his majesty with consent of the estates. And also have found and declared that each heritor in the kingdom being willing to buy his own teind from the titulars having power to sell the same shall be obliged to buy the teind of his own lands except so much as shall be locally assigned to the minister serving the cure for his maintenance, and to pay the prices foresaid to the titulars between now and the particular times and diets expressed in the said act. And also have found that the heritors shall be obliged to give to the life-renter of the lands the leading of their own teinds for payment of the rate of teind of the same. And also have found that in all cases where teinds are not cost that the heritors or life-renters of lands who have the leading of their own teinds by themselves, their tenants and others in their names shall be obliged to pay to the titulars of the said teinds the yearly rate thereof according to the order set down and prescribed by the former commissions or to be set down by the commissioners to be appointed by his majesty, with consent of the estates, deducting so much thereof as shall be assigned to the ministers for their maintenance. And because sundry questions may arise regarding the valuations of teinds and prices thereof, and regarding the securities to be made by the titulars to the heritors who buy their teinds, and by the heritors to the titulars of the price to be paid for the same when the teinds are cost, or for payment of the rate of teind where the same is not cost, and regarding the provisions of the kirks with competent maintenance and other particulars mentioned in the said act, therefore his majesty and estates by the said act did refer the determination thereof to the commissioners to be appointed by his majesty and estates, with these declarations always: that his majesty shall have his annuity paid out of the teinds according to the tenor of the said act of annuity, and that the archbishops, bishops, parsons, vicars and other beneficed persons being ministers and their successors should be no further obliged in any of the premises, but according to the provisions and conditions expressed in the submission made by the bishops to his majesty, which is of the date the [...] day of [...] 1628, and registered in the said books of surrenders and teinds upon 13 July 1631; and that the vicarages of each kirk, being a separate benefice and title, should be separately valued to the effect the titulars and ministers serving the cure who have right to the said vicarages should not be frustrated of the true worth of the said vicarages. And also his majesty and estates, by another act, have found and declared that his majesty and his successors have, and shall have, undoubted right to the superiorities of whatsoever erections, feu mails, feu ferms and other casualties thereof, reserving to such lords and titulars of erection who subscribed the general surrender the feu mails and feu ferms of their said superiorities until they receive payment and satisfaction of the sum of 1,000 merks usual money of Scotland for each chalder of feu ferm victual, and for each 100 merks of feu mails, and for each 100 merks of all other constant rent of the said superiorities not consisting in victual or money and not being naked service of vassals, according to the tenor of his majesty's general determination and according to the conditions therein contained, as in the said three acts of this present parliament at more length is expressed. And forasmuch as it is necessary for determination of the particulars foresaid and of all such other points which are fit and expedient for the finishing and full perfection of the said glorious work regarding the teinds, maintenance of ministers and others foresaid that a commission be granted by his majesty, with consent of the estates and by authority of this present parliament, therefore his majesty, with consent of the said estates, has granted and by this commission grants full power and commission to the persons following, namely: nine of the clergy, nine of the nobility, nine of the small barons and nine of the burgesses, together with my lord chancellor and eight officers of state, namely: George [Hay], earl of Kinnoull, chancellor, William [Douglas], earl of Morton, treasurer, John [Spottiswood], archbishop of St Andrews, Thomas [Hamilton], earl of Haddington, lord privy seal, Patrick [Lindsay], archbishop of Glasgow, William [Keith], earl Marischal, George [Seton], earl of Winton, John [Drummond], earl of Perth, John [Lyon], earl of Kinghorn, William [Crichton], earl of Dumfries, William [Alexander], earl of Stirling, secretary, David [Carnegie], earl of Southesk, John [Stewart], earl of Traquair, treasurer depute, John [Wemyss], earl of Wemyss, Archibald [Napier], lord Napier, George [Forrester], lord Corstorphine, Alexander [Lindsay], bishop of Dunkeld, John [Guthrie], bishop of Moray, John [Maxwell], bishop of Ross, Adam [Bellenden], bishop of Dunblane, David [Lindsay], bishop of Brechin, Andrew [Boyd], bishop of Argyll, George [Graham], bishop of Orkney, Sir John Hay [of Bara], clerk register, Sir Thomas Hope [of Craighall], advocate, Sir George Elphinstone [of Blythswood], justice clerk, Sir James Galloway, master of requests, Sir Robert Spottiswood, Sir James Learmonth [of Balcomie], Sir James Lockhart, younger, of Lee, Sir John Charteris [of Amisfield], Sir Robert Grier[son of Lag], John Boyle of Kelburn, Sir William Douglas of Cavers, [Sir Patrick Ogilvie], laird of Inchmartine, [Sir David Crichton], laird of Lugton, John Sinclair [of Stevenson], John MacNaught, Archibald Todd, Edward Edgar, Master Alexander Guthrie, Gabriel Cunningham, Robert Taylor, William Meiklejohn and Master Robert Cunningham (or any fifteen of them, there being three of every estate with three of his majesty's officers of state, of which number of fifteen the lords chancellor, treasurer and privy seal, archbishops of St Andrews or Glasgow, Earl Marischal and Earl Winton, or any of them, shall be one) to meet and convene at Holyroodhouse or Edinburgh at such times and places as they shall think fit, and there to prosecute and follow forth the valuation of whatsoever teinds, parsonage or vicarage, within the kingdom which are as yet unvalued. And also to receive the reports from the sub-commissioners appointed within each presbytery of the valuations of whatsoever teinds led and deduced before them according to the tenor of the sub-commissioners directed to that effect, and to allow or disallow the same, accordingly as the same shall be found agreeable or disagreeable from the tenor of their sub-commissioners. And also with power to rectify whatsoever valuations led or to be led to the severe prejudice of the titulars and to the hurt and detriment of the kirk and prejudice of the ministers' maintenance and provisions, or of his majesty's annuity. And for the better completing and advancing of the said valuations, with power to appoint committees or subcommittees of their own number to receive the reports of the said valuations made or to be made, and to receive, admit and examine witnesses and to take parties' oaths with their depositions where the same is referred to oath, and to give such further power to the said committees or subcommittees of their own number as they shall think fit for the good of the work and speedy finishing of the same. And also with power to them if need be to appoint sub-commissioners not being of their own number within any parish or presbytery of the country for leading and deducing of the said valuations and to receive the reports thereof, allow or disallow of the same and generally with power to them to set down whatsoever other order or course which shall be thought fit and expedient for dispatch of the said valuations, rectifying thereof or final closing of the same. And also with power to the said commissioners (or any fifteen of them as said is, there being three of each estate with any one of the persons of the quorum above-specified) after the closing and allowance of each kirk and parish of the valuation thereof, to appoint, modify and set down a constant and local stipend and maintenance to each minister to be paid out of the teinds of each parish according to the tenor of the acts above-specified, referring, likewise his majesty refers, with consent of the said estates, to the said commissioners the trial of the reasons and causes which may move the said commissioners to go beneath the quantity of eight chalders of victual or of 800 merks of money proportionally in manner contained in the said act. And also with power to the said commissioners to divide ample and spacious parishes where the same shall be found necessary and expedient or to unite diverse kirks in whole or in part to others and to ratify and allow, after trial and consideration, such union or dismembering of parishes as has been formerly made by virtue of the former commissions. And also with power to them to appoint and provide for such other pious uses in each parish as the estate thereof may bear. And also with power to the said commissioners as said is to take order that every heritor and life-renter of lands shall have the leading of their own teinds, parsonages and vicarages thereof, they paying the price contained in the act above-specified in case they be willing to buy the same from the titular having power to sell or otherwise paying the rate of teind expressed in the foresaid act; and to that effect, with power to the said commissioners to set down the prices of sellable teinds according to the worth thereof in each part of the country where the same grow and are bred, and also with power to them to set down such good and ample securities as may stand by law both for the buyers of teinds, to the effect the titulars may be fully deprived in their favour and also for security to the titulars and sellers of the price due to be paid to them for the said teinds; and also to set down the security in favour of the titulars and of the ministers so far as concerns the maintenance assigned to them for good, thankful and timely payment of the rate of teind where the same are not or cannot be sold. And also with power to the said commissioners to discuss and determine all questions which may arise between the titulars and heritors regarding the price of teinds, according to the nature and quality of the rights to be sold, whether the same be heritable or temporal, and to proportionate the price accordingly, and also to divide the price of teinds between heritors and life-renters thereof and between titulars, tacksmen and others who have separate and distinct rights to the said teinds sellable, according to the quality of their rights. And also with power to them to cause the titulars who sell their said teinds to exhibit their rights and titles to the effect that they may be lawfully deprived thereof in favour of the said heritors and life-renters respectively, without prejudice always to his majesty's annuity to be paid out of the said teinds by the said titulars of teinds or heritors or life-renters of lands according to the tenor of the said act of annuity. And generally with power to the said commissioners to decide and determine in all other points which may concern the leading and drawing of teinds, the selling and buying of the same or payment of the rate thereof contained in the acts of parliament above-specified or set down in his majesty's general determination, with this provision and declaration always: that the archbishops, bishops, parsons, vicars and other beneficed persons, being ministers, and their successors shall be no further bound but according to the provisions and conditions expressed in the submission made by the bishops to his majesty, which is of the date the [...] day of [...] 1628, and registered in the books of commission of surrenders and teinds upon 13 July 1631, which provisions and conditions are held as expressed herein. And also with this provision: that the vicarages of each kirk, being a separate benefice and title from the parsonage, shall be separately valued to the effect the titulars or ministers serving the cure who have right to the said vicarages are not frustrated of the true worth of the said vicarages. And also because by the act above-specified made regarding superiorities of erections in favour of his majesty there is special reservation made to such titulars and lords of erection as have subscribed the general surrender of the feu mails, feu ferms and other constant rent of the said superiorities until they be paid of the price thereof contained in his majesty's general determination and according to the provisions specified therein, therefore his majesty and estates give full power to the said commissioners, or any fifteen of them as said is, to call and convene before them the lords of erection and others having right to the said feu mails and feu ferms and other constant rent of the superiorities of kirklands at such particular diets as they shall appoint, and to urge the said lords of erection and others foresaid to give up their rentals of their said feu mails, feu ferms and other constant rent foresaid of their said superiorities, according to his majesty's decreet and determination given out relating thereto and with certification as is therein contained, and to liquidate the other constant rent of the said superiorities not consisting in victual or silver to the effect, after the full trial of the said rental and liquidation thereof, the said lords of erection may receive the price of 1,000 merks for each chalder of feu ferms and for each 100 merks of the other constant rent, being reduced in money in whole or in part proportionally from his majesty's treasurer principal or depute. And in case of the absence and refusal of the said titulars and lords of erection, that the same may be consigned in the hands of the clerk to the said commissioners to remain consigned for their use, after the which consignation it shall be lawful to his majesty's treasurers principal or depute to uplift, receive and intromit with the said feu mails, feu ferms and other constant rent foresaid of all years and terms after the said consignation, according to the tenor of the said general determination. And also with power to the said commissioners as said is to discuss and determine all questions that may arise between the said lords of erection and the heritors of the ground, pensioners, life-renters and others pretending right to the said feu mails and feu ferms, and to divide the price amongst them according to the quality of their rights and all other questions regarding the feu mails, feu ferms and other constant rent foresaid which by his majesty's general determination is referred to the determination of the commissioners to be appointed to that effect. And whereas it may fall out that some of the commissioners now appointed by his majesty and estates may be unable to attend the service through death, sickness or some other notorious and known impediments, therefore his majesty reserves to himself the nomination of such other persons in their places as his majesty shall think fit, whom his majesty by his letters shall recommend to the said commissioners to the intent they may receive and admit them upon the said commission and take their oaths for faithful discharge of the same. And his majesty and estates ordain this present commission to endure to 31 December 1635 and further during his majesty's pleasure and until the same be expressly discharged by his majesty's warrant or letter to that effect. And his majesty, with consent of the estates foresaid, finds, declares and ordains the acts, decreets and ordinances of the commissioners foresaid and of the other persons who shall be surrogate in their places by his majesty in manner foresaid in the whole particulars above-specified and every one of them to have the strength, force and authority of a decreet, sentence and act of parliament, and ordains the lords of session to grant and direct letters of horning, poinding and others thereupon upon a simple charge of 10 days or otherwise as shall be found necessary. Moreover, for clearing of all doubts and difficulties which may arise regarding the rectifying of valuations or other particular heads following, his majesty and estates have declared and declare that where valuations are lawfully led against all parties having interest and allowed by the former commissioners according to the order observed by them, that the same shall not be drawn in question nor rectified upon pretence of severe damage at the instance of the minister not being titular or at the instance of his majesty's advocate for and in respect of his majesty's annuity, except it be proved that collusion was used between the titular and heritor or between the procurator fiscal and the titulars and heritors, which collusion is declared to be where the valuation is led, with diminution of the third of the just rent presently paid, and which diminution shall be proved by the parties' oaths. And also it is declared that the provisions contained in the foresaid submission made by the bishops, whereof mention is made in the foresaid act of tithes and which is repeated in this commission, shall be restricted to that whereof archbishops, bishops, parsons, vicars or other beneficed persons, being ministers, colleges, hospitals and other donations to pious uses, were in actual and real possession the time of the said submission, which shall remain with them in quantity and quality according to the tenor of the said provision; and if any question shall arise between the said archbishops, bishops, parsons, vicars and other beneficed persons foresaid regarding the leading of teinds, that the same shall be referred to his sacred majesty and to his royal pleasure to be signified relating thereto. And also regarding lay patronages pertaining to any of his majesty's subjects before the year of God 1561, his majesty and estates declare that the same falls within the compass of the general submission made to his majesty and his majesty's determination given thereupon, and that only in so far as concerns a competent maintenance to be locally paid out of each kirk to the minister and his successors, and regarding the teinds of other men's lands, and regarding the annuity to be paid to his majesty out of the teinds of the said kirk. And as to the remaining teinds, the same to pertain to lay patrons in price or rate thereof in all cases where the foresaid lay patrons were in possession of the teinds thereof by the space of 7 years within the 15 years immediately preceding the date of the said general submission, with this declaration: that where the titulars or ministers provided to the said lay patronages and kirks thereof were in possession of the benefices foresaid and fruits and rents thereof either by leading of the teinds or by uplifting and intromitting of the whole rents thereof by the space of seven years of 15 years immediately preceding the said submission, in these cases the difference between the said lay patrons and the titulars and ministers shall be referred to his sacred majesty and to his royal declaration to be given relating thereto, and ordains all former commissions regarding the premises to cease in time coming and this only to stand in force in time to come.
[1633/6/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the designation of the particular persons necessary to be engrossed in the two separate commissions granted in this present parliament, the one regarding the teinds and the other regarding the survey of the laws, which by the said estates was referred to his sacred majesty, therefore, the said estates appoint and ordain [Sir John Hay of Bara], clerk of his highness's register, to insert in the said two separate commissions such particular persons' names as his majesty, by his warrant signed with his hand, shall appoint and ordain to be inserted thereinto; for doing whereof, declare this present act to be as sufficient a warrant to the clerk register as if the said commissioners' names had been now presently inserted in the said two separate commissions by his majesty and estates of parliament.
[1633/6/36]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh upon 28 June 1633, forasmuch as his majesty's lieges and good subjects are heavily oppressed and burdened with exorbitant annualrents and interest taken for the use of money far exceeding the rate and proportion taken in England, France and other neighbouring countries, therefore his majesty, with advice of the estates, statutes and ordains that notwithstanding of any former act of parliament allowing £10 to be taken for each £100 in a year, yet that no person after the date hereof take more than £8 for the use of the £100 in a year and so proportionally in lesser or greater sums under the pains contained in the former acts of parliament made against usurers. And forasmuch as his majesty, out of his gracious goodness, with consent of the estates, has reduced the interest and profit of money from 10 per cent to 8, according to this present act, therefore the estates of parliament presently convened, being aware of the great good ensuing thereby to this whole kingdom in all times to come, make a voluntary and humble offer to his majesty that of the said 10 per cent paid by borrowers for each 100 during the space of three years next ensuing, two per cent shall be paid to his majesty during the said space (in addition to the twenty penny presently paid to his majesty in this present running taxation), and that for the terms of Martinmas [11 November] 1633 and Whitsunday [25 May] 1634, and in addition to the sixteenth penny of the extraordinary taxation now presently granted to his majesty in this parliament to begin at Martinmas 1634. And hereby it is declared that those who formerly borrowed monies for 8 per cent shall be free of payment of the said 2 per cent for such and the same quantities as they have formerly borrowed and are presently due by them for payment of 8 per cent only; and those who formerly borrowed for 9 per cent and are presently owing by them shall be only liable to pay 1 per cent to his majesty of 9 during the said space for such and the same quantity of sums as were formerly borrowed at 9 per cent for the 100. And it is further declared that those who never borrowed monies before the date of this act and shall happen to borrow any sums of money hereafter (they being equally participant of the benefit of the said act and his majesty's gracious favour thereby extended to them with his other subjects) shall be subject in payment of the said proportion of 2 per cent of 10 during the space of three years as said. And ordains the lenders to pay the same yearly and termly during the said space of three years together and in one sum, with the twenty penny of this present running extraordinary taxation for the said term of Martinmas 1633 and Whitsunday 1634, and together and in one sum with the sixteenth penny granted in this present parliament for the terms of Martinmas 1634, Whitsunday [17 May] and Martinmas 1635 and Whitsunday [5 June] 1636, beginning the first term's payment of the said 2 per cent of 10 at Martinmas 1633 and so termly thereafter during the said space of three years and six terms. And the said estates have agreed all in one voice to suspend, likewise by this act they suspend the execution of the said act for the space of three years after the date hereof, and by this act declare that it shall be lawful (notwithstanding of the said act) to all subjects within this realm to take 10 merks for each 100 merks of their lent monies put out or to be put out upon annualrent, according to the preceding acts of parliament, during the said space of three years next after the date hereof. And for collection of the said taxation of 2 merks of 10, ordains letters to be directed in the same form and manner as are directed for collecting the foresaid extraordinary taxations of the twenty and sixteenth penny, and the same to be paid together and in one sum to his majesty's collector general to be appointed or to his deputes in his name having his power to receive the same.
[1633/6/37]*[print] [email] [cite] [preceding] [following]
In the parliament held at Edinburgh upon 28 June 1633, our sovereign lord, the king's sacred majesty, and estates of parliament presently convened, remembering that at the first institution of the college of justice and diverse times thereafter in the parliaments ratifying the same, his majesty's royal predecessors and estates of the realm then assembled found the erection of that honourable consistory (which is an abiding monument of the glory of their reigns) not only to be most useful for royal service, but also necessary and profitable for the peace of the kingdom and to the obvious good and comfort of all the subjects. And considering that the provision allowed of before to the lords of session was in no way sufficient for defraying of their charges and that through their continual attendance their private affairs are neglected and great losses thereby sustained by them, therefore, and to the effect the said senators and lords of session present and to come may be more encouraged to go on and to persist as they do in their zeal and affections to his majesty's service and in faithful administration of justice to the general well of the realm and all the lieges, the said estates, with the special approbation and gracious good liking of the king's sacred majesty, have most freely agreed, statute and enacted that a taxation be presently imposed upon their lands and means which with his majesty's consent foresaid they ordain to be collected and paid to the effect in manner and at the terms following, that is to say: the dukes, marquises, earls, viscounts, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted off every pound land of old extent within this kingdom pertaining to dukes, marquises, viscounts, lords, barons and freeholders and feuars of his majesty's proper lands the sum of 10s money at every one of the four terms following, namely: the sum of 10s money at the feast and term of Martinmas [11 November] 1633; the sum of another 10s money at the feast and term of Martinmas 1634; the sum of another 10s money at the feast and term of Martinmas 1635; and the some of another 10s money at the feast and term of Martinmas 1636. And the archbishops and bishops for the spiritual estate have granted that there shall be uplifted off all archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this kingdom at every one of the four terms above-specified the just taxation thereof as they have been accustomed to be taxed in all time bygone whensoever the temporal lands of this kingdom were stented to 10s the pound land of old extent, and the same taxation to be paid at every one of the four terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted off all the burghs within this kingdom at every one of the four terms above-written the just taxation thereof as they have been accustomed to be taxed to in all time bygone whensoever the temporal lands of this kingdom were stented to 10s the pound land of old extent, and the said taxation to be paid at every one of the said four terms above-written. And in regard that his majesty has erected sundry prelacies in temporal lordships whereby the owners thereof may claim to be taxed with the barons of the temporal estate, whereby the said lords of the session would be defrauded of a great part of the said taxation destined and appointed as said is, therefore the said estates ordain that all erections of prelacies and other small benefices in whole or in part in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the said taxation proportionally as if they were in no way erected, and as they were subject to do before the erection of the same. And also it is statute and ordained that all dissolved benefices within this kingdom in whole or in part shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay though the same had not been dissolved, and that the parties who have got any part or portion of any prelacies or other inferior benefices dissolved and new securities made to them by his majesty of that part and portion thereof so dissolved shall be subject in payment of the taxation thereof to the prelate or other beneficed person for his relief of the same taxation as they would have been if the same had not been dissolved, notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary thereof. And further, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of this present taxation, the privileges granted to the ordinary lords and senators of the college of justice and the taxation of the benefices given, conveyed and mortified for maintenance of the universities, colleges and hospitals within this kingdom only excepted. Moreover, our said sovereign lord and estates foresaid have given and granted, and by this act give and grant, full power and authority to the said lords of session to nominate, appoint and elect their own collectors, one or more, as they shall think most expedient for uplifting of the foresaid taxation to the effect foresaid, which sums of money after they shall be collected as is before appointed our sovereign lord and the estates foresaid destine and ordain to be mortified by employment upon land heritably or for annualrent or other sufficient security as may conveniently be found for the use and benefit of the said ordinary lords of session present and to come, to the effect that the yearly profit and annualrent of the said lands or monies (as the same shall happen to be employed) may be received by them and their successors in their said offices, yearly and termly, after the terms of payment of the same and applied to their use in manner and conforming to the custom of the division of the yearly duty presently allowed and received by them, and that in addition to the present provision and rents allotted to them by parliaments heretofore. And to that effect the said ordinary lords of session shall, with all convenient diligence, make, subscribe and deliver to [William Douglas, earl of Morton], his majesty's treasurer principal, and [John Stewart, earl of Traquair, treasurer] depute, a sufficient and valid security by bond or contract made by the sight and advice of [Sir Thomas Hope of Craighall], his majesty's advocate, for employing of the said taxation and whole benefit thereof, in whole or in part, as the same shall be uplifted to the use and effect above-specified, and ordain the particular form and manner of uplifting and collecting of the said taxation and relief of the prelates, lords of erections and other beneficed persons to be according to his majesty's own taxation granted in this present parliament in all points, except in so far as concerned the particular day to be appointed to the vassals for convening with the prelates, lords of erections and other beneficed persons for appointing and setting down of their due and right proportions of the said taxations, which they ordain to be upon 17 September 1633, which is declared to be the precise day of meeting to the effect foresaid, and that no further citation nor summoning shall be requisite to that effect than the publication and proclamation of this present act at the market crosses of the head burghs of this realm; and hold the whole remaining clauses and provisions of the act of relief of his majesty's taxations as here repeated and ordain letters to be direct hereupon.
[1633/6/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies, approves and confirms all acts of parliament, gifts, grants and donations whatsoever of all privileges, freedoms and immunities made, given, granted or conceived in favour of the senators of the college of justice by any of his majesty's royal predecessors, or in any parliament held by them, dispensing always with the generality hereof and holding this general ratification as sufficient as if the whole privileges, liberties and immunities, acts and grants thereof were specially and at length inserted herein.
[1633/6/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve of new all acts and constitutions of parliament made by his majesty's predecessors in favour of the free burghs of this realm and burgesses and inhabitants within the same, with all privileges, freedoms, liberties and immunities granted and given to the whole burghs in general in any time past, by any of our sovereign lord's majesty's noble progenitors, with all that has followed or may follow thereupon, and decree and declare the same to have full strength, force and effect in all times hereafter, so that the same may be put to full and due execution in all points. And specially, without prejudice to the generality above-written, his majesty and estates ratify the act of parliament made by his highness's grandfather, the late King James III, in 1466 during his second parliament, chapter 2, ordaining that none sell nor pass merchandise out of the realm but freemen burgesses dwelling within burghs, or their familiar factors or servants being with them in household at meat and drink (excepting and reserving to the prelates, lords, barons and clerks as in the said act is contained, and all other exceptions contained in any act of parliament in force preceding the day and date hereof). And also the act of parliament made by King James IV of worthy memory, in the parliament held at Edinburgh, 11 March 1503, chapter 84, ordaining that no person dwelling out of burghs use any merchandise nor yet tap nor sell wine, wax, silks, spicery, dyestuff nor also stuff nor yet staple goods, and that none pack nor peel in Leith nor other places without the king's burghs under the pain of escheat of the goods that be tapped, sold, packed or peeled contrary to that statute. And also the 152nd act of the late King James VI, his 12th parliament, ordaining that no person exercise the traffick of merchandise but burgesses of free burghs under pain of escheat of their whole goods and gear, the one half to his majesty and the other half to the burgh apprehender, and giving power to every burgh by themselves or a collector or commissioner depute by them to search the said unfreemen's goods, intromit therewith as escheat, either within the country or any other part to arrest, call, follow and pursue before unsuspect bailies to be created by them. And also the sixth act of King James VI, his ninth parliament, ordaining letters of horning to be directed against unfreemen not being burgesses of the free royal burghs to find caution for desisting from usurping of their liberties in all the heads, clauses, articles and circumstances thereof. Likewise his majesty and estates declare that the said liberties and privileges mentioned in the said acts are only proper and competent to the free burghs royal that have vote in parliament and bear burden with the rest of the burghs and to no others, prohibiting and discharging all persons who are not burgesses of the said free royal burghs and bear not burden with the rest of all using and exercising of the liberties and privileges foresaid in all time coming; and ordain that letters of horning may be directed by the lords of council at the instance of all burghs upon the foresaid privileges and former acts of parliament made thereupon and this present act in all times to come, for putting of the same to due execution with all rigour against them that do or come in the contrary of the acts and privileges foresaid without calling of any party.
[1633/6/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm the eighth act of the 22nd parliament held by King James VI of eternal memory entitled, 'Regarding the justices for keeping of the king's peace and their constables', in the whole heads, articles and clauses therein contained, admitting the generality hereof to be as valid and sufficient as if the same were all herein expressly engrossed. Moreover, his majesty and estates foresaid give full power, authority and commission to the lords of his majesty's privy council to set down and impose penalties upon such of the justices of peace as shall not keep and observe the diets prefixed for their several and particular meetings, and with power likewise to the said lords of privy council to enlarge and amplify the power and authority of the said justices of peace if they shall find it necessary and expedient; and what they shall decree and determine relating thereto, find and declare that the same shall have the force, strength and power of an act of parliament.
[1633/6/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, for explanation of the former acts of parliament made in favour of the lords of session regarding 12 pennies of the pound, statute and ordain that whensoever the said lords shall decree and ordain 12 pennies of the pound to be paid in any decreet or sentence to be given or pronounced by them at any time hereafter, the same shall in no way be paid by the purchasers and obtainers of the said decreets and sentences, but by those parties only against whom the said decreets and sentences shall happen to be obtained and purchased; and the booking and extracting of the sentences shall not be stayed for the non-payment of the 12 pennies of the pound by the purchasers and obtainers of the said decreets.
[1633/6/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that the precise and rigorous exaction of the pains arbitrary and pecuniary annexed to penal statutes heretofore made would prove a burden to his majesty's lieges and heavy and insupportable if by his majesty's grace and favour they should not be eased and liberated of the same, in consideration whereof, his majesty, in this his first parliament held in this his ancient and native kingdom, being willing to give ease and relief to his subjects of the foresaid burden, has therefore been graciously pleased, with consent of the estates of parliament, to discharge, freely pardon and remit, and by this act discharges, freely pardons and remits all contraveners of any of the said penal statutes for all deeds done by them contrary to the tenor of the same statutes in time bygone, except only the statutes concerning wearing and bearing of hackbuts and pistols, taking of unlawful usury, transporting of money and gold and slaying of red and black fish, with the penalties incurred by the concealers of annualrents and wrongful suppliers of the inventories of their monies, which are in no way discharged by this present act nor comprehended under the same.
[1633/6/43]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve all letters, patents and infeftments granted by King James VI of blessed memory, or by our said sovereign lord, to William [Alexander], viscount of Stirling, and to his heirs and assignees, of the territories and dominions of New Scotland and Canada in America, and especially the patent, charter and infeftment granted by his majesty's late dearest father of worthy memory of New Scotland, of the date 10 September 1621. Item, another charter of the same granted by his majesty under the great seal, of the date 12 July 1625. Item, another charter and infeftment granted by his majesty of the country and dominion of New Scotland under the great seal, of the date 3 May 1627. Item, another charter and infeftment granted by his majesty under the great seal of the river and gulf of Canada, bounds and privileges thereof mentioned in the said patent, of the date 2 February 1628. Item, a signature passed under his majesty's hand of the said country and dominion, which is to be with all diligence completed and issued through the seals, of the date at Whitehall, 24 April 1633, with all liberties, privileges, honours, jurisdictions and dignities respectively therein mentioned, together also with all execution, precepts, instruments of sasine and sasines following or that shall happen to follow thereupon. And also ratify and approve the act of general convention of estates at Holyroodhouse, 6 July 1630, whereby the said estates have ratified and approved the dignities and order of knight baronet, with all the acts of secret council and proclamations following thereupon made for maintaining of the said dignity, place and precedency thereof. And his majesty and estates foresaid will, statute and ordain that the said letters, patents, charters and infeftments, and the said dignity, title and order of baronets and all letters patents and infeftments of lands and dignities granted therewith to any person whatsoever shall stand and continue in full force with all liberties, whole privileges and precedencies thereof, according to the tenor of the same, and in as ample manner as if the bodies of the said letters patent, infeftments and signature above-mentioned were herein particularly engrossed and expressed. And ordain intimation to be made hereof by open proclamation to all his majesty's lieges at the market cross of Edinburgh and other places needful that none pretend ignorance hereof.
[1633/6/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that Loch Leven pertains heritably in property to his majesty's right trusty cousin and councillor William, earl of Morton, lord great treasurer of this realm, and Robert, lord Dalkeith, his son, and that the said loch is well plenished and furnished with pikes, perches and trouts of diverse kinds, and that when the fish ascend out of the said loch to the waters, burns and streams that fall in the same to spawn therein, there is great slaughter and destruction of them committed by the country people about, whereby the said loch and fishing thereof is not of such worth to the heritors of the said loch nor to the country about as it would be if the said fishes were not slain in the said waters, burns and streams. For remedy whereof, his majesty, with advice and consent of the estates of this present parliament, statutes and ordains that none of his majesty's lieges slay any pikes, perches, trouts or any other fishes in the waters, streams or burns that fall in the said loch or run out thereof within the space of five miles to the said loch under the pain of £20 usual money of this realm, to be paid by each contravener on every occasion for each contravention, and ordains the said whole pains and financial penalties of contravention to appertain to the said Earl of Morton and his said son, their heirs and successors. And by this act gives and grants power and commission to them and their bailies and deputes to call before them within the town of Kinross all persons suspected of slaying of the said fish within the said burns, waters, loch or streams within the said space of five miles to the said loch, and as they shall be found guilty or innocent of slaying thereof, to absolve them or fine them in the penalties foresaid, and to decree and ordain the persons convicted to pay the same financial penalties to the procurator fiscal to be appointed for that effect by the said Earl of Morton, his said son or their foresaids. And ordains letters of horning upon a simple charge of six days, poinding and other letters and executorials requisite to be directed for payment to the said procurator fiscal of the said fines, and ordains publication to be made hereof in the appropriate form.
[1633/6/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding that albeit by the great care of his highness's late dearest father of eternal memory the Clangregor was suppressed and reduced to quietness, yet of late they are broken out again to the heavy oppression of many of his majesty's good subjects who dwell near to the part where they resort, and especially in the sheriffdoms of Perth, Stirling, Clackmannan, Menteith, Lennox, Angus and Kincardine; therefore, for the timely preventing of the disorder and oppression that may fall out by the said name and clan of MacGregor and their followers, and for further suppressing of them, ratifies and approves all acts of council and acts of parliament made and granted heretofore against the said wicked and rebellious clan of MacGregor. And farther, his majesty and estates of parliament statute and ordain that the said name of Clangregor and every one of them as they come to the age of 16 years shall thereafter yearly give their compearance before the lords of privy council upon 24 July, if it be a lawful council day, and failing thereof the next council day thereafter, and there find caution for their good behaviour and obedience in all time coming, and take to them some other surname, according to the acts of council already made relating thereto; and if they fail in non-compearance as said is and go to the horn, that then it shall be lawful to any of his majesty's lieges to take and apprehend them and present them to the sheriff of the shire or his deputes or to the stewarts of the stewartry or their deputes, to the effect they may be presented before the lords of privy council, there to be taken order with as appropriate. And if it shall happen any of his highness's good subjects in taking any of the said Clangregor being put to the horn as said is, to hurt, mutilate or slay any of them, the party who shall happen so to do and their accomplices shall in no way be subject nor liable to law thereof nor incur any pain or harm in body or goods, and shall be free of all pursuit criminal or civil to be intended against them at the instance of his highness's advocate or any other party, but the same shall be held and reputed as good service done to his majesty. And further, our said sovereign lord and estates foresaid, for the better extinguishing and extirpating of the said wicked and lawless limmers†, statute and ordain that no minister or preacher within the bounds of the highlands or neighbouring countries thereto, Banff, Inverness, regality of Spynie, Elgin or Forres, shall, at any time hereafter, baptise and christen any male child with the name of Gregor under the pain of deprivation, and that no clerk or notary in any time coming shall make or subscribe any bond or other security under the name of Gregor or MacGregor under the pain of deprivation. And also statute and ordain that all and whatsoever of the said Clangregor that shall happen to be within the said kingdom upon 15 March 1634 shall give their compearance before the lords of privy council at Edinburgh or where it shall happen them to be for the time, or the next council day thereafter, to the effect that such of them as have already found caution and whose cautioners are dead may find new caution for their good behaviour in time coming, and such of them who have never found caution may find caution and surety for their obedience in time coming; with certification to them if they do not compear and that the lords of privy council for their disobedience shall direct letters of horning against them or any of them and that they therefore be put to the horn, that then it shall be lawful to any of his majesty's good subjects to take and apprehend them wherever they may be had and put them to the next sheriff, stewart, bailie of regality or their deputes, to any of the justices of peace or to the provost and bailies of burghs to the effect they may present them before the lords of his majesty's privy council that such order may be taken with the said rebels as the said lords shall think expedient. And further, our said sovereign lord declares that if any of his highness's good subjects shall happen in taking of the said rebels to hurt, mutilate or slay any of them, the party who shall happen so to do and their accomplices shall in no way be subject nor liable to law thereof nor incur any pain or harm in their body or goods, and shall be free of all pursuit, criminal or civil, to be intended against them at the instance of his highness's advocate or any other party; but the same shall be held as good service done to his majesty. And likewise his majesty and estates foresaid statute and ordain that if any of the said Clangregor who shall happen to have compeared and found caution in manner above-specified be found masterless in time coming, having neither possessions nor callings whereupon to live nor will not take them to service, that it shall be lawful to any of his highness's good subjects to take and apprehend them and present them to the next sheriff, stewart, bailie of regality and their deputes or to the provost and bailies of burghs, and that they may present them to the lords and others of his highness's council there to be taken order with as they think fit. And also, his majesty and estates of parliament statute and ordain that if any of the said Clangregor shall happen to be put to the horn by letters of horning directed against them by the lords of council for the cause above-written, and that publication be made thereof by the said lords to all his majesty's lieges and at all places needful, that then whatsoever person or persons shall receipt, supply or intercommune with the said rebels, or any of them, or supply them with meat, drink, lodging or weapons, directly or indirectly, or any other necessaries, shall be punished in their bodies, goods and gear as intercommuners with rebels and scroungers according to the laws of this kingdom against intercommuners and scroungers. And also his majesty, with consent of the estates foresaid, statutes, ordains and commands all sheriffs, stewarts, provosts, bailies of burghs and regalities and all and sundry of his majesty's good subjects to assist and concur with any of his highness's good subjects who shall happen to be in pursuit of the said rebels, and also statutes and ordains the said provosts and bailies of burghs and bailies of regalities to receive from the hands of his highness's good subjects the said rebels who shall happen to be apprehended by them in manner foresaid, put, keep and detain them in sure ward and custody until they be presented before his majesty's council or justice. And lastly his majesty and estates foresaid, for suppressing of the said lawless limmers and clan of MacGregor, nominate and appoint the sheriffs of the sheriffdoms of Perth, Dunbarton, Angus, Kincardine, Stirling and stewarts of the stewartries of Strathearn, Menteith, Banff, Inverness, Elgin and Forres and their deputes, and the sheriff of Cromarty and his deputes, and the provosts and bailies of the burghs there, [William Hay], earl of Erroll, [James Graham, earl of] Montrose, [John Murray, earl of] Atholl, [John Drummond, earl of] Perth, [Patrick Murray, earl of] Tullibardine, [George MacKenzie, earl of] Seaforth, [Mungo Murray], viscount of Stormont, [James Ogilvie], lord Ogilvie, the lairds [Sir Colin Campbell of] Glenorchy, [Sir Mungo Campbell of] Lawers, [Sir William Stewart of] Grandtully, Wemyss, [Duncan Campbell of] Glenlyon, [Sir Robert Campbell of] Glenfalloch, [Patrick Campbell of] Edinample and [Sir John] Grant, or any of them, his majesty's justices in that part, for setting, trying and doing justice upon the said rebels of Clangregor, or any of them and their accomplices, who shall be apprehended by any of his highness's good subjects for theft, scrounging or slaughter, with power to them to hold courts, proceed and administer justice upon the said rebels apprehended as said is as appropriate. And wherever his majesty's good subjects all happen to apprehend any of the said rebels scrounging, committing theft or slaughter, and shall present them to the said lords of council or justice or justice general or commissioners above-specified, or either of them, the doer of that service shall have for his reward the moveable goods and gear of the offender taken and presented by him in manner foresaid.
[1633/6/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament declare that no particular acts made in favour of any of his majesty's subjects at this present parliament, nor any acts of ratification made in their favour, shall prejudice his majesty or his successors of the acts and statutes underwritten made in favour of his majesty in this same parliament, namely: the act of his majesty's revocation, the act regarding the superiorities of erections, the act regarding regalities of erections and the acts made or ratified regarding his majesty's annexed properties. And his majesty and estates find and declare the said particular acts and acts of ratification made in favour of any of his majesty's subjects in so far as the same or any of them may prejudice his majesty or his successors of the said acts and statutes made in his majesty's favour or of the benefit thereof, in whole or in part, to be null and of no value, force nor effect by way of exception or reply. And also statute and ordain that the said particular acts and acts of ratification shall not prejudice any third party of their lawful rights, nor of their actions and defences competent thereupon before the making of the said particular acts and acts of ratification, but that the lords of session and all other judges shall be obliged to judge between the parties according to their rights standing in their person before the making of the said particular acts, and that in respect the said particular acts and acts of ratification are made without hearing of parties having interest and, therefore, are made saving the right of anyone. Likewise his majesty and estates declare that this is and was the true meaning of all the acts made in the preceding parliaments entitled, 'Acts salvo jure cujuslibet', excepting always out of this present act a ratification of the mortification of the abbacy of Dundrennan to the chapel royal in favour of [Adam Bellenden], bishop of Dunblane, the act of ratification of the benefice of Failford with the pertinents granted to Master Walter Whitford, with the act of dissolution of the abbacies of Holyroodhouse and New Abbey†, all passed in this present parliament. Excepting also out of this present act the act of ratification and dissolution made in favour of [James Hamilton], marquis of Hamilton regarding his right to the impost of the wines new and old gifted by his majesty to him for the space of 16 years specified in his gifts and grants made to him thereupon. And also excepting out hereof the ratification of the contract passed between his majesty and [Archibald Campbell], lord Lorne regarding the heritable office of justiciary within the bounds therein mentioned, dated 3 and 23 April 1628, and of the charter under the great seal, precept and instrument of sasine following thereupon, together with liberty of creation of clerks and members of court, directing of precepts and letters of horning and power to denounce and with all other privileges therein contained; and also of the three separate acts of council and an act of exchequer all relative to his rights of the said office of justiciary and in favour of the said Lord Lorne.