[1661/1/413]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves, and for his highness and his successors perpetually confirms, the tenth act of the first parliament of his majesty's royal father, of blessed memory, King Charles I, held at Edinburgh in the year 1633 entitled, an act anent the annexation of his majesty's property, in the whole heads and clauses thereof, especially in that clause of the same whereby his majesty, and the estates of parliament then convened, did declare the right and title of superiority of all and sundry lands, baronies, mills, woods, fishings, towers, fortalices, manor places and pertinents thereof pertaining to whatsoever abbacies, priories, prioresses, preceptories and whatsoever other benefices of whatsoever estate, degree, title, name or designation the same were 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 upon the reservation of the lords and titulars of erection therein-specified. Likewise thereby, his majesty and estates foresaid found and declared that all titulars of erection, without exception, should hold their property and proper lands of the king's majesty and his successors in feu ferm for payment of the feu ferm duties contained in the infeftments granted to them before the said act of annexation, and no other way, and that all right and deeds made and granted to whatsoever person or persons preceding the date of the foresaid act which might prejudice his majesty and his successors in the peaceable enjoying of the said superiorities and feu ferm duties, should be null and of no value by way of action, exception or reply. And further, his majesty, with advice and consent foresaid, of new declares the foresaid superiorities of all and whatsoever kirk lands, mills, woods, fishings and whole pertinents of the same, pertaining of before to whatsoever chapters, priors, prioresses, preceptors and whatsoever benefices of whatsoever other estate, degree, title or designation they be of, whereof the presentation belonged to his majesty and his highness's predecessors, erected in temporal lordships, baronies and livings, to pertain to his majesty and his highness's crown therewith and to remain in all time coming. And also declares all and whatsoever grants, rights or infeftments of any of the said superiorities of the lands and others pertaining to whatsoever chapters, priors, prioresses, preceptors, abbacies and whatsoever other benefices, of whatsoever estate, degree, title, name or designation the same were of, with all warrants, tacks, commissions, bailiaries or deputations for entering of the vassals thereto made and granted by his majesty or his said late dearest father, in any time past since the surrender in the year 1627 or to be made in time coming, with all other gifts and donations of the said feu duties formerly belonging to the said lords of erection, and made by his majesty's said late dearest father after the surrender and before the redemption thereof from the said lords, and all heritable and irredeemable rights granted by his majesty's said late dearest father after the redemption, whereby the profits, casualties and emoluments of the superiority of the said kirk lands may be conferred to any other person except the proper vassals thereof, directly or indirectly, of whatsoever name, title or designation they be of, and of all gifts of new regalities or jurisdiction, to be null by way of exception or reply, reserving always to these persons who have right to the feu duties the right and title thereto, and reserving to John [Maitland], earl of Lauderdale, his majesty's sole secretary of the kingdom of Scotland, a signature superscribed by his majesty at his court of Whitehall, 25 May last, and passed in his majesty's exchequer of all and whole the lordship, barony and regality of Musselburgh, containing a new gift of union and erection of the same in a free lordship, barony and regality; and discharges the treasurer principal and depute commissioners of the treasury and remaining lords of exchequer, writers to and keepers of the seals from all passing or expediting any such new grants, rights, infeftments, tacks, warrants, commissions, bailiaries or deputations for entering of vassals, except only such infeftments and signatures as shall be granted to the lords and others who had formerly right to the said erections and superiorities, whereby they might have right to claim the feu ferms and feu duties owed by the vassals and others subject in payment thereof only, until such time as they be satisfied therefore in manner specified in the fourteenth act of his majesty's said late dearest father, his first parliament, and with the whole remaining exceptions and reservations contained in the said acts made in the year 1633, which are held as repeated and expressed herein. It is always declared that, notwithstanding of this act, any who have received or shall get any new infeftment of superiority of kirklands, the same shall stand good as to such vassals who have given their consent to the said right of superiority, in regard that such a consent as to his majesty is of the nature of a resignation of their property in favour of the said superior to be held of the king, without prejudice, nevertheless, to his majesty of his highness's right of reversion of the feu ferm, feu duties and casualties conforming to the said act of parliament of 1633.
[1661/1/414]*[print] [email] [cite] [preceding] [following]
The lord commissioner produced a patent under his majesty's great seal, of the date at [...], creating [Charles Lindsay], lord Balcarres earl of Balcarres, lord Lindsay and Balneil, which, being read in open parliament and the estates acknowledging his majesty's favour therein, the said patent was delivered by the lord commissioner to [George Sinclair], earl of Caithness who, in name of the earl of Balcarres, received the same upon his knee. And thereafter the lord commissioner and estates of parliament did declare that this title is not to prejudge [John Lindsay], earl of Crawford, or his eldest son, and that the earl of Balcarres' eldest son is to be called Lord Balneil and not Lord Lindsay in all time coming.
[1661/1/415]*[print] [email] [cite] [preceding] [following]
Forasmuch as by diverse acts it is found that stipends and benefices of vacant kirks, or which thereafter should fall vacant by death, deposition, suspension, transportation of ministers, disunion of kirks or any other way, should, during the vacancy thereof, be employed on pious uses, and the king's majesty, considering that during these troubles many learned and religious persons in the ministry and universities, for their expressions of duty and loyalty to his majesty, or not concurring in the confusions of the time, have been deposed or suspended from their charge and ministry, and have been otherwise put under great sufferings and they and their families reduced to extreme misery and want, and conceiving it to be an act of great piety and justice to have regard to the sufferings of those honest and faithful ministers and others and in some measure to provide for them and repair their losses; therefore, his majesty, with advice of his estates of parliament, ordains all stipends or benefices of kirks that are vacant and not already disposed of or which shall fall vacant by death, deposition, suspension, transportation or otherwise, to be employed for the supply and maintenance and towards the reparation of the sufferings and losses of the persons aforesaid, and of the wives and bairns of such of them as are dead, and that in such manner and ways as after trial of their merits and sufferings and the causes and grounds thereof shall be thought fit by the lords of his majesty's privy council, to whom his majesty, with advice and consent foresaid, commits the care of this business, and do hereby empower and require them to use all diligence that the favour and justice hereby intended by his majesty to these suffering persons and their families may be made effectual, and that notwithstanding of any thing contained in any of the said acts to the contrary. It is always provided that this act is without prejudice of any benefit which, by the law and custom of this kingdom, falls to the widow, bairns or executors of a minister after his death, and that this act is to endure for the space of seven years and longer as his majesty shall think fit.
[1661/1/416]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his estates of parliament, ratifies and approves the act of parliament made by King James VI, his majesty's grandfather of eternal memory, first parliament, chapter 12, anent provostries, prebendaries, altarages, chaplainries and collegiate kirks pertaining to lay patrons, together with the act of the twelfth parliament, chapter 158 ratifying the same; and ordains the said acts to have full force and effect in all time coming, with this declaration always: that in respect the vassals which held lands of the said provosts, prebendaries and others foresaid are put to great uncertainty of their superiors, it not being known to them who are provided to the said provostries, prebendaries, chaplainries, altarages and others foresaid by reason there is no public register to which they may have recourse for knowledge and notice thereof, and that the most that they can know by any register is the infeftments and sasines made to those who are lay patrons holding of his majesty, therefore, for securing of the vassals who hold lands, mills, fishings, tenements, annualrents or others whatsoever of the said provostries, prebendaries, collegiate kirks or of chaplainries, altarages and others of that nature at any time of before, it is statute and ordained that the entry of the said vassals by retour, precept of clare constat, resignation, comprising or otherwise whatsoever shall pertain to the lay patrons and their successors who stand infeft in the said lay patronages holding immediately of his majesty, and that the entry of the vassals by them shall be as valid and sufficient to the said vassals receivers thereof as if they were entered by the titulars of the said provostries, prebendaries, altarages, chaplainries and others foresaid, and that the said lay patrons shall be, in all time coming, in their place as superior to the said vassals, and to have the same power to give infeftments to his majesty's subjects upon retour or by precept of clare constat or by resignation, comprising or any manner of way, with gifts of novodamus, and that without consent of persons provided or to be provided to the said provostries and prebendaries of collegiate kirks, altarages, chaplainries or other titulars of collegiate kirks, and also without consent of the chapter or convent of the said prebendaries thereof or most part of the same, which of before was in use and custom. With the which and anent all acts in the contrary his majesty, with consent foresaid, dispenses forever, reserving always to the titulars of the said provostries, prebendaries, altarages, chaplainries and others foresaid the fruits, rents and emoluments of the said provostries, prebendaries and others foresaid, which are in no way prejudged by this present act. It is hereby further statute and ordained, with advice and consent foresaid, where there are any prebendaries, chaplainries, altarages or other foundations of that nature above-mentioned, founded and situated within any royal burghs of this kingdom, that the provost, bailies and council of that burgh where the same are founded, are and shall be in all time coming only undoubted superiors by whom and by no others the vassals and tenants shall enter in manner above-specified, the said provost, bailies and council having been formerly patrons of these chaplainries.
[1661/1/417]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding there are diverse abuses committed by the customers and receivers of entries of ships and by the keepers of the cocket in sometimes exacting, from masters of ships, greater sums of money than is due to them, and sometimes absenting themselves to the great prejudice of the merchants' estate and to the hazard of the loss of their voyage; therefore, our sovereign lord, with advice and consent of the estates of parliament, ordains that there be no greater price exacted for entering their ships and goods than the sum of 23s 4d; and for the said cocket than the sum of 40s, and that the keepers of the said cocket attend by themselves or their servants diligently and readily to answer and give out cockets to all merchants and masters of ships, under pain of losing their place whensoever they shall be found either to exact more than the said sum above-written, or shall occasion to the said merchants and masters more delay than is needful for writing the same.
[1661/1/418]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his estates of parliament, ratifies the eleventh act of the 18th parliament of King James VI, of worthy memory, made anent coal-hewers and salters, with this addition: that because watermen who scoop and draw water in the coalheugh head and gatesmen who work the ways and passages in the said heughs, are as necessary to the owners and masters of the said coalheughs as the coal-hewers and bearers, it is therefore statute and ordained by our sovereign lord, with advice and consent foresaid, that no person shall hire nor seduce any watermen, windsmen and gatemen without a testimonial of the master whom they serve, under the pains contained in the former acts in all points. And because it is found by experience that the giving of great fees has been a means and way to seduce and bring coal-hewers from their masters, it is therefore also statute and ordained that it shall not be lawful for any coalmasters in this kingdom to give any greater fee than the sum of 20 merks in fee or bounty, under any colour or pretext; and because the said coal-hewers and salters and other workmen in coalheughs within this kingdom do lie from their work at Easter, Christmas Day, Whitsunday [May/June] and certain other times in the year, which times they employ in drinking and debauchery to the great offence of God and prejudice of their master, it is therefore statute and ordained that the said coal-hewers and salters and other workmen in coalheughs of this kingdom work all the six days of the week, except the time of Christmas, under the pain of 20s Scots to be paid to their master for each day's failing (in addition to the prejudice sustained by their said masters) and other punishment of their bodies.
[1661/1/419]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that the prices of all merchandise does daily rise to exceeding great dearth, which is alleged to be occasioned through extraordinary customs and impositions, for remedy whereof his majesty, with advice and consent of his estates of parliament, does discharge all and sundry whatsoever customs and impositions exacted by the customers which are not allowed by the acts of parliament, and especially the late custom of 2.5 per cent, and the late new imposition of £4 upon the tun of wine, and all raising of his majesty's customs, directly or indirectly, without consent of parliament; and because the too much troubling of merchants and drawing of masters and mariners from their ordinary charges does much impede trade, therefore, his majesty, with advice and consent foresaid, discharges the taking of merchants', masters' and mariners' oaths in the matter of customs. And to the end that the subject of trade may not be restrained with unnecessary customs, his majesty, with advice and consent foresaid, declares that all goods and merchandise imported from foreign places to this kingdom, and out of the same paying inward custom, shall be free of all outward custom accordingly as is used in England and Ireland. Likewise, his majesty declares that he consented to the act above-written upon this condition, that commission and warrant is granted to the exchequer to establish the book of rates according as the prices of merchandise now rules, and his majesty permitted the option to the burghs whereupon the burghs, having advised they made choice to be ruled by the book of rates anent the customs, and consented that commission should be granted to the exchequer to establish the book of rates according as the prices of merchandise now rules, in respect whereof our sovereign lord ordains a commission to be drawn up to the exchequer to the effect foresaid and extracted thereupon for establishing the book of rates according as the prices of merchandise now rules; and therefore, our sovereign lord, with advice and consent foresaid, ordains the act above-mentioned to stand as a law in manner and to the effect above-rehearsed.
[1661/1/420]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having taken to consideration that some difficulty has occurred in the prosecution of his majesty's royal father's intention of changing of ward holdings in feu for the benefit of his subjects conforming to the two commissions granted by his said majesty thereupon under the great seal of this kingdom, and that the said difficulty has arisen upon this ground, that diverse of his majesty's subjects holding lands of his majesty or of the prince, ward or feu with marriage, hold also other lands of other superior's ward who, whilst their vassals held lands, ward or feu with marriage of his majesty or of the prince, could pretend no right to the marriage of the vassal's heir when the same shall be changed in feu and composition, and a yearly feu duty being granted to his majesty or the prince for the said ward and marriage, the other superiors of the said vassals, of whom he holds ward, may contend for the benefit of the casualty of the marriage of his vassal's heir when the same falls out, he being the vassal's eldest superior of whom he holds ward, which was grievous to the vassals who, by this new course of changing of his holding, have componed both for ward and marriage. Therefore, it is statute and ordained by the king's majesty, with advice and consent of his estates of parliament, that all vassals holding ward of his majesty or the prince, or holding feu with marriage, who shall hereafter compone and agree with the commissioners to be appointed by his majesty, for changing of their holdings from ward to feu, or for renunciation of the marriage contained in their feu infeftments, their heirs and successors in the said lands, shall be free of the marriage that can be acclaimed by their superiors of the lands held by them of their said other superior's ward, and that the said other superiors shall have no right to the marriage of their heirs when the same falls out, no more than they would have had if the lands held ward of his majesty or the prince had continued still ward, but that the said vassals whose holding shall be changed, or who shall compone for their marriage, as said is, their heirs and successors, shall enjoy their lands in all time thereafter free of any such burden or marriage, providing always, likewise it is hereby provided and declared, that if the foresaid vassals whose holding shall be changed, as said is, and who shall compone for the renunciation of the marriage contained in their feu infeftments or their heirs or successors in the said lands, which once held ward or feu with marriage, shall alienate and convey the said lands to any other persons, then and in that case the aliener or his heirs shall no longer have the benefit of this present act,† if they hold lands ward of any other superior, that their superior shall enjoy all the benefit of his superiority as if this present act had never been made. And moreover, for the greater furtherance of his majesty's lieges in the way of the changing of the tenors of the said ward holdings or renouncing of the marriage contained in their said feu infeftments, our sovereign lord, with advice and consent foresaid, ordains signatures to be passed to the lieges by the exchequer, on the recommendation of the said commissioners, of the ward lands in their favour upon the lieges their resignation for new infeftments to be granted to them, bearing the new manner of feu holding, or bearing the renunciation of the said marriage contained in their old feu infeftments, as shall be ordained by the said commissioners of the ward lands.
[1661/1/421]*[print] [email] [cite] [preceding] [following]
The king's majesty, considering that some doubts and debates may arise concerning the meaning of the eighteenth act of the parliament held by his majesty's royal father, of blessed memory, in the year 1633 anent the deciding and judging in causes concerning his majesty's property, does, for explanation thereof, with advice and consent of his estates of parliament, find, declare, statute and ordain that the validity and invalidity of infeftments of his majesty's property, or of any other infeftments, may not be discussed nor decided in exchequer, neither by way of exception, action or reply, but that the discussing and decision thereof is only proper to the lords of session, reserving always to the exchequer to judge in all other businesses concerning his majesty's rents and casualties as they might have done before the year 1633.
[1661/1/422]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice and consent of his estates of parliament, does ratify and renew the twentieth act of the tenth parliament of King James VI, of blessed memory, and accordingly statutes and ordains that no writs, signatures, letters or warrants shall be presented to be signed by his majesty but by his ordinary officers to whose charge the same properly belongs; and that his majesty may the better know what passes under his hand and upon what grounds he signs the same, it is appointed that any of his majesty's officers who shall present any signature, writ, letter or warrant to be signed by his majesty shall cause register the docket of the same in a register, and then send the copy thereof, under their hands, to his majesty's secretary, who is to give his majesty timeous notice of any prior deed differing or contrary to the same, that his majesty may give his further orders concerning the same.
[1661/1/423]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, taking to his royal consideration how much the appointing of justices of peace and constables within all the shires of this kingdom, under the reign of his majesty's royal predecessors, did contribute to the peace, quiet and good government thereof and to the speedy and impartial execution of law and justice to all persons subjected to their jurisdiction and power thereof, and for the furtherance of these ends in the future, his majesty, with advice and consent of his estates of parliament, does hereby statute and ordain that in all time coming there shall be justices of his majesty's peace appointed within each several shire of this kingdom to be nominate, from time to time, by his majesty and his royal successors, which justices of peace are hereby empowered to administrate justice and put his majesty's laws in execution according to the particular instructions after-mentioned, namely.
The justices of peace, at their first sitting, shall take the oath of allegiance and oath of faithful administration, which at first shall be administered to them by the sheriff or his depute of each respective shire, or in their absence by the president and convener for the time.
Follows the oath of allegiance:
I - for testification of my faithful obedience to my most gracious and redoubted sovereign, Charles, king of Great Britain, France and Ireland, defender of the faith etc., affirm, testify and declare by this my solemn oath that I acknowledge my said sovereign only supreme governor of this kingdom over all persons and in all causes; and that no foreign prince, power or state, nor person civil or ecclesiastic, has any jurisdiction, power or superiority over the same; and therefore, I do utterly renounce and forsake all foreign jurisdictions, powers and authorities and shall, at my utmost power, defend, assist and maintain his majesty's jurisdiction foresaid against all persons, and shall never decline his majesty's power nor jurisdiction, as I shall answer to God.
Follows the oath of faithful administration:
I - as one of the commissioners and justices of peace within the shires, according to my knowledge, wit and power shall do equal right both to rich and poor, conforming to the laws, statutes and customs of the land, and that I shall not be of counsel with any person in any quarrel or matter depending before me, and that I shall every quarter keep the sessions, or more often as I shall be required, not having any just impediment in the contrary, and shall faithfully and truly discharge my duty as a justice of his majesty's peace, and shall leave nothing undone that may tend to the preservation of the same, so help me God.
The justices of peace in each respective shire shall meet and convene together four times in the year, namely, on the first Tuesday of May, the first Tuesday of August, the last Tuesday of October and the first Tuesday of March, in which sessions they shall administrate justice to the people in things that are within their jurisdiction and punish the guilty for faults and crimes done and committed in the preceding quarter; and by mutual and conjunct advice make and rectify ordinances for the fees of servants, shearers in harvest and other labouring men, appoint prices for all handy crafts, elect or continue constables, or other officers, and dispose of the fines and multures for payment of the constables, clerks and other officers' fees, and employ the remainder on such necessary and pious uses as they shall find most expedient, and shall have power to continue the said sessions, or to adjourn the same to such days and places as shall be most convenient.
Any one justice shall have power, upon complaint of any person being threatened and fearing to be wronged, to bind the party complained upon under such a pecuniary sum to keep the peace as he shall think fitting. As also, to commit him until surety is found by him, the said complainer always giving his oath before the justice that he has just cause to dread him harm. And albeit no person complain yet, if the justice is credibly informed of appearance of trouble between any parties, he shall bind them to the peace in manner foresaid, except the parties declare upon their consciences that neither of them bear any grudge to the other, and all such bonds shall be kept and recorded by him, and he shall make delivery of the same to the clerk of the peace at the next sessions to be kept and registered by him.
If any person being charged to make his appearance before a justice of peace shall refuse or delay without cause, if the party be a landed gentleman whose rents exceeds ten chalders of victual, or 1,000 merks of silver, then the justice (whose command is scorned) shall inform the same to some of his majesty's privy council, to the effect the party of the quality foresaid may be called and fined for his disobedience, and if the disobeyer is of a meaner degree, the justice of peace shall hereby have power to command the next constable, or in absence of a constable his own servant or any other person having a warrant in writ subscribed by the said justice of peace, with assistance of the country, to bring any such party before him.
If either the sheriff or bailie shall condemn any person in bloodwit, or otherwise convict him in any pain proper for him to impose, the justice shall have no power of new to fine that offender for that offence, but if they shall find him not condignly punished in regard of the offence committed by him they shall then inform his majesty's council thereof that they may take order therewith; and if there is no satisfaction made by the sheriff or bailie to the party offended, the justices may modify a reasonable satisfaction to the party offended, he pursuing thereof before them; and if they find the satisfaction decreed by the sheriff or bailie in favour of the said party offended not condign nor answerable to the offence and wrong sustained, then they shall also inform his majesty's council thereof that they may take order therewith as appropriate.
If either sheriff or bailie or their deputes, by collusion with the delinquent, shall suffer any person guilty to be acquitted or cleared by an assize, the party once cleared is not to be brought further in question before the justices but, upon their information, the judges are to be called, censured and severely punished by his majesty's council.
The said justices shall hereby have power to proceed upon all persons committing riots and breaking the king's peace under the degree of noblemen, prelates, councillors and senators of the college of justice, and to punish and fine according to the quality of the crime and the estate of the offender; and if any of the said persons, being charged to compear before the said justices, shall disobey, the summons being endorsed, the lawful citation verified and fact proven, the justices shall punish and fine the not compearing according to the quality of the crime and estate of the offender; and for the more clear determination of the order which shall be kept by the said commissioners in the deducing of any such process, our sovereign lord, with advice of his estates, declares that it shall be lawful to the said justices, whensoever they have any occasion, to move any action against parties for committing any like fact or riot, to refer the first summons to the parties' oath of verity, failing of other lawful probation; who, being personally summoned by the first citation,† the said commissioners shall be held to cause summon him of new again by a second summons at his dwelling place, which two citations shall be as sufficient to infer decreet and sentence upon the libel against him as if he were apprehended personally, and which sentence, given after the manner and form of probation above-written, his majesty, with advice foresaid, authorises and sustains as good and lawful in themselves. And as concerning those persons of higher degree, the said commissioners shall use all their power for preventing and staying of the riots, commanding the attempters, in his majesty's name, to cease and to find caution for keeping of the peace, and for their compearance before his majesty's council, and if any person being charged to find caution, and refuse it or delay to do the same, and in the meantime contravened the said charge by committing of some deed between the time of the charge and finding of the caution, nevertheless, he shall be answerable for the pain from the date of the charge likewise if caution had been then found.
The said commissioners shall put his majesty's acts of parliament to due and full execution against wilful beggars and vagabonds, solitary and idle men and women without calling or trade, lurking in ale houses tied to no certain services, reputed and held as vagabonds, and against those persons who are commonly called Egyptians, and they shall punish and fine their resetters and setters of houses to them accordingly by such competent pains as is proper for them to enjoin.
The said commissioners and justices of peace are hereby authorised and empowered to give order (as they shall think most convenient and with least grief to the subjects) for mending of all highways and passages to or from any market town or seaport within that shire, and shall call before them all such persons as shall narrow these passages (or otherwise by casting of ditches or filth through the same) shall make those highways noisome and troublesome to passengers, and shall punish and fine them according to the quality of their offence. And to the effect it may be known of what breadth all common highways should be to market towns, our sovereign lord, with advice foresaid, declares that the same should be of 20 foot of measure in breadth at the least, and where any are of larger breadth they ordain the same so to remain unaltered or narrowed, and that the said justices maintain the same with all other ways from any town in the parish to the parish churches in the estate as they are; and where they find any necessity of other ways from any town in the parish to parish churches they shall inform his majesty's secret council thereof who shall give them (after sufficient information) their direction hereupon, according whereunto they shall be held to proceed. And if any person refuses to concur for mending of highways and passages, the said justices shall have power to censure and punish them according to their discretion, with provision always that if in their proceedings therein they use such severity or vigour as may move just complaints against them they should be censured thereof by his majesty's secret council as appropriate.
The said justices shall put his majesty's acts of parliament to execution against cutters and destroyers of planting green wood, orchards, gardens, hainings, breakers of dovehouses and cuningars, stealers of bees and beehives, users of unlawful games with setting dogs, slayers of red and black fish and smolts in forbidden times, fowlers fowling in other men's lands, makers of muirburn and mossburn, setters of cruives and nets in waters and dams, having and keeping of cruives and yairs in forbidden times, and shall proceed against them accordingly and for their better warrant to proceed in these matters, it is his highness's pleasure that commissions are granted to the said justices of peace to try and punish the violators of the said acts; in the trial whereof they shall proceed by witnesses or by oath of party, and the punishment to be inflicted by them shall be a pecuniary sum answerable to the circumstance of the offence and quality of the offenders, with special provision that their censures and punishments shall extend against none but those against whom by privilege of their instructions they may lawfully proceed. And also, with provision that the said commissions are not extended to any persons who shall be arrested and convened for the said crimes before any other ordinary judge, it is also provided that the ordinance and power contained in this article shall in no way be prejudicial to any other commissions or rights whatsoever granted to other parties whereby they have power to proceed and censure the crimes and offences above-written.
Item, they shall inform the king's majesty's council and his highness's treasurer or advocate, at the least once every year, of forestallers and regraters of markets that order may be taken with them conforming to the acts of parliament.
It shall not be rightful to any hosteller to reset any masterless men and rebels at the horn, any vagabonds or other persons guilty of known crimes, or using stouth and reaff under the pains under-written, to wit, 40s to be incurred by them for the first fault, £4 for the second and 10 merks for the third, together with the losing of the liberty of brewing; the incurrers of the which pains shall be punished, according to the order foresaid, by the barons and masters of the ground whereupon the hosteller dwells within the space of fifteen days after the committing of the fact and, if the said barons and heritors neglect to do the same within the said space, it shall be lawful to the said justices to pursue and fine the delinquents in their courts according to the pains foresaid and to uplift the same from them; without prejudice always of whatsoever acts made against the said hostellers in the baron court books under whom they dwell bearing any higher pain than as is set down in this above-written act, and also without prejudice of all action criminal or civil competent of the law against the said hostellers in case they are under the danger thereof, which shall not be taken away by any punishment set down and to be inflicted conforming to this act.
Item, they shall inform the king's treasurer and advocate of breakers and contraveners of the acts of parliament made against malt makers, that the transgressors and contraveners thereof may be punished conforming to the tenor of the said acts.
They shall set down order in the country for governance in time of plague, and shall punish severely the disobeyers of the order appointed by them according to the quality of the delinquent.
They shall appoint, at the quarter sessions to be kept in August and February, the ordinary hire and wages of labourers, workmen and servants, and who shall refuse to serve upon the price set down by them shall be imprisoned and further punished at their discretion; and to the effect that servants may be the more willing to obey the ordinances to be made by the said justices for the said fees, the said justices shall have power to decree and compel the master to make payment of the fee appointed by their ordinance, in case the servants please rather to pursue for the same before them than any other judge.
The said justices shall take notice in all sheriffdoms where there are any jails and prison houses within any burgh, that the same may be kept up and not suffered to decay or become ruinous and, if there is any shire where there is not any jail or prison house, they shall inform his majesty's council thereof that they may appoint and give order for building of one within the head burgh of the shire and, according to the directions to be given thereupon, the justices shall be held to proceed.
And because there are a great many of prisoners apprehended and committed who, having no means of their own for their maintenance and entertainment, will otherwise famish and starve before they can come to their trial, who not the less in regard of the crimes committed can in no way be put under surety, or otherwise in faults of less consequence are unable to find sufficient caution to be made forthcoming and answerable at the next session; therefore, it shall be lawful to the said commissioners and justices at their quarter session to rate every parish for a weekly proportion for the entertainment of those poor prisoners, providing they do not exceed the sum of 5s Scots money at the most nor under 1s at the least, which sum shall be uplifted for that use by the minister or reader who shall serve at every parish from such deacons who shall be appointed to collect the same, and the said sums to be delivered by the constable of the parish at the quarter sessions in the presence of the whole bench then convened, to such persons as the said justices shall trust therewith and who, accordingly, shall make due account in paying the jailers such rates as shall be allowed for the poor prisoners and making the rest forthcoming for such use and intent of the like nature as the said justices shall appoint.
All magistrates of burghs and keepers of any jails or prisons shall receive into their prisons all such persons as either shall be brought by constables or sent to them by warrants under the hands of any one justice of peace, the said justices causing satisfy for their entertainment and, if any magistrates or their jailers suffer any persons committed by the justices to their prisons to escape, they shall be condignly punished thereof at the discretion of his majesty's council.
Item, our sovereign, lord with advice foresaid, ordains the said commissioners to set a price upon craftsmen's work and upon ordinary penny bridals, together with the price of shearers' fees and to punish the contraveners as appropriate.
They shall cause sufficient single and double ale to be brewed in every shire, and shall appoint visitors to that effect, with consent of the baron and overlord of the ground, they shall set down acts against notorious and common drunkards, and impose sums upon the contraveners according to their qualities and deserts.
Our sovereign lord, with advice foresaid, declares that three justices of peace shall be a full number and session to decide in matters occurring between the four quarter sessions. Also, declares that no letters of caption ought to be granted against the said justices for apprehending of rebels, except they are found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charges does belong.
And because there is sensible prejudice seen and felt through many parts of the kingdom by reason of diversity of measures and weights used in the same, therefore our sovereign lord, with advice foresaid, for removing of all abuses which may ensue in any time to come thereby, has found expedient, and by this decreet and statute of parliament, decrees, statutes and ordains that there shall be but one just measure and weight through all parts of the kingdom, which shall universally serve all his majesty's lieges, by the which they shall sell and buy and receive and give out in all time coming, which measure his majesty, with advice foresaid, finds should be that measure of Linlithgow, which is now commonly used and which has been used most customably through the greatest parts of this kingdom these many years past, and for settling a perfect order, whereby all the measures that are now used may be reduced to the conformity of the said measures now authorised and, for making of proportion answerable between the lesser measure and weights and the greatest, his majesty, with advice foresaid, has granted full power and commission to Alexander Fraser of Philorth, Sir Gilbert Ramsay of Balmain, William Scott of Ardross, John Murray of Touchadam [and Polmaise], Sir Robert Hepburn of Keith, James Crichton of St Leonards, Sir Andrew Ramsay [of Abbotshall], Sir Robert Murray [of Cameron], Sir Alexander Wedderburn [of Blackness], John Bell [of Hamilton Ferme], William Cunningham [of Brownhill], Andrew Glen and Sir William Thomson, whom, or any seven of them, his majesty, with advice foresaid, ordains to meet and convene together at such time and place as they shall think expedient, and to consult and advise together, and to appoint and determine upon the most convenient means how the said measure and weights may be reduced to the conformity foresaid, and after they have ripely advised therewith and given furth their determination thereupon, they shall deliver the same and whole course of their proceedings in the said matter to the commissioners and justices of peace and to the deans of guild of the head burghs of the shires who shall be held carefully to do their diligence, to see the measure foresaid now appointed to have course through all parts as well burgh as landward; and that there may be one constant conformity in head burghs and land, our sovereign lord, with advice and consent foresaid, ordains that the said justices of peace in landward take trial of the measures and weights used in burghs and to take a note from the magistrates and deans of guild of every town of the weights and measures and of the number thereof, which the said magistrates and deans of guild in burghs shall be held to show, declare and give up to them, to the effect the said justices to landward may confer the same with the standard now authorised; and where they find any disconformity in the same from the said standard, the said justices shall inform the king's majesty's council thereof that they may take order therewith as appropriate; for it is expressly provided, by this commission, that the said magistrates in burghs shall not be permitted to have or use more measures within their towns than the number to be professed by them and given up in writ to the said justices to landward, as said is, this always being respected, that if the said magistrates within burghs find any necessity for having any more measures than was given up and used by them before it shall be licenced to them to make more measures, they being answerable and conforming to the standard, and making the said justices to landward foreseen and acquainted therewith, and declaring the number of the measures whereof they find the necessity or use.
The said justices shall be held to give command and direction to their constables to apprehend any such person who shall be found contemptuously to have disobeyed the censures of the church, they being lawfully required to do the same.
The said justices of peace, as well to burgh as land, shall convene and be present at the quarter sessions of the shire where the burgh and land lies, give their oath to the bench at their admission, make their record and make payment of the fines intromitted with by them as justices of peace of that shire to their collector.
They shall appoint a sufficient collector for uplifting of the fines and penalties which they have power to impose upon an offender, and are to take caution of him for making due account.
They shall have, during the time of sessions, for every day of their abode (so it does not exceed the number of three days at the most at one time) allowed to every one of them 40s Scots money daily to be paid and uplifted by the collector of the fines. But neither earl, lord, bishop, privy councillor or sessioner shall have any allowance; and all such justices as have the benefit of that allowance, and shall be absent from every ordinary quarter sessions, or otherwise when he is required lawfully by the keeper of the rolls to any particular meeting, shall incur the penalty of £40 Scots money not being lawfully excused, and the excuse allowed by the rest of the justices there assembled.
The lords of session shall direct general and summary charges of horning and poinding, at the instance of the collector appointed in every county for gathering in all fines and penalties whatsoever incurred, upon a simple charge of fifteen days, and no suspension shall be granted thereof but upon consignation of the sums contained in the sentences and by finding caution for payment of the charges at the modification of the said lords.
The said commissioners, at the end of every quarter session, shall send to his majesty's council a catalogue of all such persons as they have either committed or otherwise put under surety with a short abbreviate of the cause thereof; to the effect that thereupon the council, as they shall think expedient, may return to them against their next session, or to the keeper of the rolls in the meantime their further directions.
The said justices shall put into execution all acts of parliament made for punishing all persons whatsoever who shall curse or profanely swear, or shall be mockers or reproachers of piety or the exercise thereof, and shall require and levy upon every offender the several penalties following, namely, of a nobleman £20, each baron 12 merks, each gentleman heritor or burgess 10 merks, each yeoman 40s, each servant 20s, all Scots money, each minister the fifth part of his year's stipend, without prejudice to other proceedings against any such minister for the same. And in any of the cases before specified in this instruction the said justices shall put into execution all such laws as for corporal punishments have any provisions mentioned in them for such cases and, in the case of the inabilities of the parties delinquents to pay the sum mentioned in this instruction, the said justices shall put into execution such laws as for corporal punishments have any provision mentioned in them for such cases; and that the delinquent wives shall be punished according to the quality of their respective husbands, and that their husbands be liable for payment of their wives' fines respectively, in manner above-mentioned on each occasion and for each fault; and all others whatsoever, not particularly herein nominated, are to pay in proportion to their respective qualities and degrees. And also, the said justices are to put into execution the acts of parliament made for punishing of all persons that shall be found guilty of the sin of fornication, and that they levy or cause to be levied the several pecuniary sums mentioned therein, namely, for each nobleman for the first fault £400, each baron £200, each other gentleman and burgess £100, every other person of inferior quality £10, all Scots money, and that these penalties shall be doubled on each occasion according to the relapses and degrees of the offence and quality of the offenders, and that the said penalties shall be levied not only of the man but also of the woman according to her quality and the degree of her offence, the one without prejudice of the other. All and sundry which penalties to be levied are to be disposed of as follows: to wit, a half to pious uses in the same parish where the offenders live or the offence has been committed, and the other half to be divided in two equal parts, one part whereof to be given to the informer and prosecutor, and out of the other half to satisfy the constable or other persons who shall be employed for bringing the person accused to justice, and the remainder to be disposed of to pious uses, or to satisfy the constables for their travel and service in other parts of their office, according as the justices shall think fit.
That the justices shall put the acts of parliament in execution for the punishing of all persons found guilty of the sin of drunkenness or excessive drinking, especially under the names of healths, or haunting taverns or alehouses after 10 o'clock at night, or at any time of the day, except in time of travel, or for ordinary refreshments. As also, against the keepers of the taverns or alehouses that shall sell the drink to them, which penalties in the said several acts contained, the said justices are to levy or cause to be levied upon the said delinquents, and the said penalties are to be disposed of by the said justices in like manner as aforesaid.
The said justices shall put in execution all acts of parliament made against such persons as shall profane the Lord's day, and require or levy the penalties therein-contained, which penalties foresaid the said justices are to dispose of in like manner as aforesaid.
And at what time and whensoever one shall accuse another person or persons to be guilty of treason, murder or other felony, blasphemy, incest or any other heinous crimes, in such cases the said justice or justices shall forthwith cause such person or persons to be apprehended and, after inquiry made in the cause, the said justice or justices, if they find cause, shall commit the offender to prison or take sufficient bail if the case by the law is bailable, and shall take the information of the party accusing upon oath and bind him to prosecute, and shall take the testimony or deposition of the witnesses likewise upon oath, and bind them to give in evidence, and shall also take the examination of the party accused, all which recognisances, informations, depositions and examinations the said justice or justices shall certify to the next quarter session, assizes or criminal courts respectively, to the end the justice may proceed against them according to law.
And if any nobleman, baron or bailie, or any in their names having power, shall acclaim the right of jurisdiction to proceed against any delinquent apprehended by a constable for any capital crime, then and in that case any of the justices shall receive security of the said party who required the defender to be delivered to him, that justice shall be duly administered, and then shall cause delivery of the said person to be made to him; and the said justice of peace at the next session shall certify the whole matter to the bench, to the effect they may inquire whether justice has been accordingly administered and, if any fault is found, to advertise his majesty's council that order may be taken therewith.
The said justices shall twice in the year, at 1 December and 1 June, take up a list of the poor in every parish within burghs or land, into which number there shall no person be received who are any way able to gain their own living; and to the effect, these poor may no longer be necessitated to seek their living with such hardship and difficulty, by scandalous roaming as vagrants as hitherto they have been in use of, the justices shall appoint two or more persons of good reputation and quality in every parish to be overseers for the poor in each parish aforesaid, and to authorise the said overseers to make due trial and examination of the condition and number of such poor, aged, sick, lame and impotent inhabitants of the said parish who (of themselves) have not to maintain themselves, nor are able to work for their living, as also of all orphans and other poor children within the said parish who are left destitute of all help; and the said overseers are to list and enroll all such persons, and to provide them such a convenient house for their dwelling, either apart or together as they shall judge requisite; and upon consideration had what the necessary maintenance will extend to weekly, the said overseers are to call for the collections of the said parish or other sums appointed for the maintenance of the poor thereof, and the persons who have the said sums in their hands are hereby required to deliver the same to the said overseers and their receipts under their hands shall be their sufficient discharge, which sum so received, the overseers are to dispose proportionably to the several poor people aforesaid according as they shall find their necessities to require; and the said overseers are to take due trial of the good behaviour and carriage of the poor persons listed and enrolled as aforesaid, that if any of them, being so provided, shall go abroad to beg or otherwise miscarry themselves, or shall refuse, being able to work any manner of work that they are able to perform, in such cases the said overseers are to acquaint the said justices therewith, who shall appoint such punishments for the first fault as in their judgements they shall find requisite, and if any shall continue in such miscarriages they are to be held and reputed as vagabonds, and so to be proceeded against according to law in that case provided. And to the end that there may be an exact performance of these matters, the said justices are hereby required to call before them the said overseers once in every six months, or more often if they shall think expedient, to give an account upon oath of the whole sums received by them, and to produce the rolls of the said poor together with an account of what money they have received any other way for the use of the said poor and, after a due consideration of the charge, together with the discharge thereof, to approve, allow or disallow the same as shall be found just. And the said justices are to take due trial and examination how the said overseers have discharged their trust and, in case of the refusal of any of the said overseers, nominated and elected as aforesaid to accept the said office, or having accepted shall be found negligent therein, or shall refuse or delay to give an account of their intromissions when required as aforesaid, or to deliver what money shall be found resting in their hands undisposed of at the end of the year, to such new overseers as shall be appointed, in such cases the offenders shall incur the penalty of £20 Scots to the use of the poor, and suffer such further censure as the said justices at their quarter sessions, upon consideration had of their fault, shall see appropriate to impose.
And further, the said justices are hereby empowered and commanded to call for an account from those who took upon them to exercise that place and office during the late usurpation of all fines, penalties and others raised, exacted or uplifted of any persons, and to ordain them to deliver and make payment to them of what has not been by sufficient order disposed of and, in case of any difference arising thereupon, that the justices consult his majesty's council who shall give their orders therein.
Constables:
Our sovereign lord, with advice of his estates, finds and declares that the constables are to be made choice of by the commissioners and justices of peace in their quarter sessions throughout the whole country, two at least in every parish or more according to their discretion, having consideration of the quality thereof: in great towns, likewise not being cities nor free burghs, they are to appoint a number of constables proportionably to the greatness thereof, but in all royal burghs and free cities the constables are to be chosen by the magistrates of the same, and they are to endure and be changed from six to six months.
And who shall refuse to accept the charge and not give his oath for dutiful execution thereof shall be imprisoned and fined at the discretion of the justices of peace at their next sitting.
Follows the oath to be taken by the constables:
I do swear that I shall faithfully and truly discharge the office of constabulary within the parish of etc. enduring the time appointed to me, and shall not for favour, respect or fear of any man, forbear to do what becomes me in the said office, and above all things I shall regard the keeping and preserving of the king's majesty's peace, and shall, at every quarter session and meeting of justices, give true and due information of any breach which has been made of his majesty's peace within the bounds of my commandment, and shall in no way hide, cover nor conceal the same nor any of the proofs and evidences which I can give for the clearing and proving thereof, so help me God.
All the constables, or at least one of every parish instructed with power to answer for the rest within the said parish, shall attend at every quarter session, there to give information of all such breaches of the peace and other misdemeanours as have happened within their bounds since the preceding sessions, and have come to their knowledge, and shall in no way hide, cover nor conceal the same, nor any of the proofs and evidences which they can give for the clearing and proving thereof, and otherwise to give the bench further information in any thing wherein they shall be required, and to receive from the said justices at the end of the session such order and direction as they shall enjoin and appoint.
Every constable in their respective parishes shall apprehend any suspicious persons who are night walkers and cannot give a good account of themselves, and carry them to the next justice of peace to find caution for their good behaviour, or otherwise be committed to prison; and the said constable or constables shall stay and arrest all vagabonds, sturdy beggars and Egyptians, and carry them before some justice of peace, who shall take order for their committing to prison or other punishments according to the statutes of parliament.
Every constable, in their respective parishes, shall arrest all idle persons whom they know to have no means to live upon, and will not betake themselves to any labour, trade or occupation, and shall carry them before some justice of peace who, after examination, shall either commit them to prison or take surety of them for their appearance at the next quarter session.
All constables in their respective parishes shall apprehend every person or persons that shall be guilty and culpable of slaughter, murder, theft or any other culpable crime whatsoever, and shall require his neighbours to assist for safe conveying of such person or persons to the next justice of peace, who shall commit him or them or take surety according to the instructions given to the justice of peace in such like cases, and if any person or persons shall refuse or delay to assist the constable or constables in executing his or their offices, such persons, for refusing or delaying, shall be imprisoned or otherwise punished by the said justices at their sessions.
All constables shall arrest any person, not being in his majesty's service, who shall be found wearing of hagbuts, guns or pistols in any sort, and shall carry them before some justice of peace who is either to take surety for their appearance the next quarter session or commit them prisoners until they do the same, unless they are licenced from the council or some empowered from them to give such licences.
Upon the appearance of any fray or stir between parties the constable shall require the assistance of his neighbours for separating the parties; and if there is any harm done to the constable or any of the assistants by them who made the fray they shall be punished by the justices at the next session.
When any person or persons have made a fray and then flees to a house, the constable or constables may follow to the house to open the doors, which, if he or she should refuse, he shall take notice of the master or keeper of the house, and require witnesses thereon; and albeit the delinquent shall flee further without the bounds of the constable's charge, yet may the constable follow and apprehend him in a fresh pursuit and crave concurrence of the country for that effect.
The constables in every parish shall execute all such precepts and warrants as they shall from time to time receive from the justices of the peace.
And that the said constables may have satisfaction for their travails and pains, our sovereign lord, with advice foresaid, ordains the said justices to give up particular notes in writ to the auditors of his majesty's exchequer of the fines brought in to them, that out thereof such measure and satisfaction may be appointed and given to the said constables, and also to the clerks of the peace as may recompense their travails wherein, if it shall be found that the said fines shall not be sufficient, the said lords of his highness's exchequer shall appoint such further satisfaction to them as in their discretion they shall think their labours and diligence do deserve, and cause them be paid of the same. And notwithstanding of this above-written act and all the particulars foresaid contained in the same, our sovereign lord, with advice and consent of his said estates, statutes, decrees and declares that the erection of the said commissioners and justices of peace and grant of jurisdiction and privileges to them, and the making or approbation of the particular acts above-written introduced in their favour, or any thing therein-contained, shall not be in any sort derogatory or prejudicial to the rights, privileges and liberties granted and bestowed by his majesty or his highness's royal predecessors of before to any of his majesty's subjects of whatsoever estate or quality, from the highest to the lowest, but declares that the said rights, privileges and liberties shall remain in their own integrity safe, entire, unhurt or unprejudiced by this commission or anything expressed in the said articles and every one of them, and are held as especially reserved and excepted out of the same.
And least this above-written reservation should seem altogether to destroy the power granted to the said justices, or should beget controversy between them and any other having right and liberty of jurisdiction, as said is, our sovereign lord, with advice foresaid, for removing of all question which may arise between them thereupon, declares that it shall not be lawful nor permitted to the said justices to make any citation of parties before their courts until the expiring of the space of fifteen days after the committing of the fact for the which the committer is to be convened, at the complete running out of the which space of time, if any having power and jurisdiction, as said is, has omitted and neglected to use and exercise the privilege and liberty of their right and power, it shall then be lawful to the said justices to make citation and to proceed against the parties according to the power and authority given to them by his highness, with advice foresaid, and conforming to the particular articles above-written in all points and not otherwise.
If any party complains to a constable that he is threatened by another then shall the constable apprehend the threatener and carry him with the party complainer before the next justice of peace and, if he refuse to go, then shall he carry him to prison.
Which all and sundry these matters, our sovereign lord, with advice and consent foresaid, ratifies and approves in all points in manner as the same purports, and gives to them the strength and force of acts and ordinances of parliament and ordains execution to pass upon the same as appropriate.
[1661/1/424]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the years 1638, 1639 and 1640 diverse noblemen and others gave bonds for certain sums of money which, thereafter, were employed for public use and were recorded in the registers of the commissioners for public burdens, and that in the year 1645 a bond was given by some members of the committee of estates to [James Maxwell], earl of Dirleton for victual to the army, concerning all which, there may be several debates of important consideration which cannot be conveniently determined at this time, his majesty, with advice and consent of his estates of parliament, suspends all execution, personal or real, upon any of the said bonds until the same is taken into consideration and determined in this or the next session of this parliament.
[1661/1/425]*[print] [email] [cite] [preceding] [following]
[Gilbert Hay], earl of Erroll protested that the commission and power of the justices of peace should not be prejudicial to him of his right of judging all disorders committed within four miles of his majesty's person or parliament, and other privileges belonging to him as lord high constable of Scotland.
[John Lindsay], earl of Crawford and Lindsay protested that the power of the justices of peace should not be prejudicial to any rights or privileges due to him and contained in his infeftments and rights of the regality of [...].
Sir Robert Murray [of Cameron], in name of the royal burghs, protested that the power of the justices of peace should not be prejudicial to the rights, liberties and jurisdictions belonging to the town of Edinburgh, or any of the royal burghs conforming to their rights.
Charles Maitland of Hatton, general of his majesty's minthouse, protested that the power given to the justices of peace should not be prejudicial to the liberties and privileges granted to the officers of the coinhouse.
[1661/1/426]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that in sundry acts passed in the beginning of this parliament there were clauses inserted for the rescission of some particular acts which, though fit to be inserted at that time, yet, after the passing of the general act of rescission of those pretended parliaments, are not so fit to be kept in these acts, but either to be expunged or changed into some more general expressions, likewise the said acts, being read with the amendments, as they are inserted, were passed and subscribed by the president, and the clerk of register is hereby ordained to cause extract, publish and print all these acts of the dates they were first passed in, and as they are now amended and that, notwithstanding, that any copies or extracts thereof are given as they were first drawn.
[1661/1/427]*[print] [email] [cite] [preceding] [following]
Forasmuch as the commissariat of Edinburgh is an ancient, usual and necessary judicatory, and for encouraging honest and qualified men to fit themselves for and to serve in the same, the fees after-mentioned were settled and appointed to be paid to the four commissaries of Edinburgh by the archbishops and bishops out of their rents and estates by a decreet arbitral between the archbishops and bishops and the said commissaries in the year 1609, and by diverse contracts, decreets of the lords of session and other rights, namely, 600 merks to the eldest, and 500 merks to each one of the other commissaries, extending together to the sum of 2,100 merks, whereof the archbishops and bishops were obliged to pay their proportions following out of their rents and estates, to wit, the archbishop of St Andrews, the sum of £606 13s 4d; the archbishop of Glasgow, the sum of £484; the bishop of Dunkeld, £84; the bishop of Brechin, £28; Galloway, £44 16s; Orkney, £28; Moray, £56; Aberdeen, £56; Isles, £16 8s; Ross, £33 12s; Dunblane, £28; Caithness, £28; and Argyll, £14 and, accordingly, the said commissaries have been in possession of the said fees; therefore, his majesty, with advice and consent of the estates of parliament, ratifies, approves and confirms the said fees and the foresaid decreet arbitral and other decreets, contracts and other rights and writs concerning the same, and ordains the said fees to be paid in all time coming out of the rents and estates which formerly belonged to the said archbishops and bishops respectively, of what quality and nature the same be of, to the said commissaries of Edinburgh and their successors, according to the division and proportion of the same, which shall affect the said rents, estates and patrimony belonging to the bishops respectively. And because the said fees are small and payable to be uplifted in small parcels out of all the corners of the country, his majesty, with advice and consent foresaid, gives power and commission to the lords of session to settle and appoint such a way as may be most easy and effectual for uplifting of the same and, if need be, to call before them all parties concerned, declaring likewise it is declared that what the lords shall do thereupon shall have the force of an act of parliament. And his majesty, with advice foresaid, recommends to the lords of session to set down† the prices of the office of the commissariat of Edinburgh, and of the fees to be uplifted to the commissaries, clerks, procurator fiscals and other members of court, for all papers, acts and seals belonging to the same, and of all the commissariats of Scotland and of all the offices of these courts and to cause publish the same, which his majesty and estates of parliament appoints to be presently obeyed by all whom it concerns, as they shall be answerable at their highest peril.
[1661/1/428]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by his majesty's special authority, having considered the report underwritten, have ordained and ordains the same to be recorded in the books of parliament, whereof the tenor follows.
We, [James Livingstone], earl of Callander, [William Cochrane], lord Cochrane, [Sir Archibald Stirling], lord Garden, [Thomas Drummond], laird of Riccarton, the provosts [William Cunningham of Brownhill] of Ayr and [Duncan Nairn] of Stirling, commissioners appointed by the lord commissioner his grace and high court of parliament for revising and considering the account of the fines and losses sustained by Sir James Livingstone of Kilsyth, knight, during the troublous times for his loyalty to the king's majesty in manner after-specified, conforming to the commission granted by the said commissioner and estates foresaid to us thereupon, and to report, by virtue whereof we, having this day met and the said Sir James having produced an act of the committee of estates made and granted by the king's majesty and committee of estates in the year 1651, whereby commission is granted for trying of the said Sir James, his and his tenants their losses and sufferings; likewise he did give in the particular account of his fines and losses with the instructions and verifications thereof, which, being considered by us, we find that the victual growing upon the said laird of Kilsyth's lands of Easter and Wester Kilsyth, with the bestial and other goods, were destroyed in the year 1645 by my lord [James Graham], marquis of Montrose and his opposers, whereby the said Sir James sustained losses of £50,176; and also we find the said lands of Easter and Wester Kilsyth in the year 1646 laid waste, at least the second part thereof, whereby the said Sir James was loser in the sum of £6,000 Scots, and similarly in the year 1648 his lands were quartered upon by those who were under the command of George Munro when they went from Stirling to Ireland, and took money out of the said lands, as the act of parliament bears, the sum of £1,726. Item, we find in November 1649 the then committee of estates ordained the said Sir James to pay to Sir James Stewart, then general commissary to the army, the sum of £4,800, which the said laird was forced to pay accordingly. Item, the annualrent thereof from Martinmas [11 November] 1649 to Whitsunday [2 June] last, being eleven years and a half, extends to the sum of £3,312. Item, we find that the said laird of Kilsyth sustained great losses through the English army their quartering several times upon the said lands of Easter and Wester Kilsyth in the year1650, extending to the sum of £42,037. As also, we find that in the said year 1650 his mansion house of Kilsyth was burnt by the usurper's army, with all his plenishing and victual which was put in the said house for preservation, through which he has sustained great loss to the value of £24,000. Item, there was taken from him in the year 1651 by his majesty's army of horse, kine, oxen, sheep and other goods to the value of £16,473. Item, there was eaten and destroyed the time foresaid by the said army, of oats, bear and peas the number of 440 acres, estimated to five bolls victual each acre at £13 6s 8d each boll, coming to £32,000. And further, we find that there was eaten and destroyed of meadow to the said Sir James the number of 300 acres, estimated to £6 13s 4d per acre, coming to £2,000. Item, that the late usurper Oliver Cromwell did fine the said Sir James in the year 1655, for his loyalty and affection to the king's majesty, in the sum of £1,000 sterling, which the said Oliver, with advice of his council, did mitigate and diminish to the sum of £800 money foresaid, coming to in Scots money the sum of £9,600, which sum he was forced to pay. Item, the annualrent thereof from the term of Whitsunday [3 June] 1655 to the said term of Whitsunday last, being six years, extends to the sum of £2,376. And also, we find that the said Sir James had his house burnt the second time by those who were under command of my lord commissioner his grace and my lord chancellor in his majesty's service least the same might have been planted with a garrison by the enemy, the said Sir James and his servants being then prisoners at Edinburgh, wherethrough and through the loss of his plenishing he sustained the loss, extending to the sum of £6,666 13s 4d. Which whole losses, sufferings and fines we find sufficiently instructed and proven by acts of parliament, discharges and by testimonials under the hands of ministers and diverse reputable persons upon oath, and which whole articles of the said account being calculated amounts to the sum of £201,063 Scots money, and this we find in addition to the annualrent thereof (except the annualrent of two of the said articles for paid out money for fines) and also over and above his large share of burdens more generally imposed upon the country, and of the great loss the said Sir James and his tenants sustained by transient quarters, in regard his said lands lie upon the roadway between Edinburgh and Glasgow. All which losses, in our opinion we humbly conceive ought to be recorded as losses sustained by him and his tenants in manner foresaid, and this is the true report of our procedure and opinion in the said matter, as witness our hands at Edinburgh, 8 July 1661. Signed, Callander, Sir Archibald Stirling, Duncan Nairn and William Cunningham.
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Whereas by order of the justices of peace the time of the late usurpers Janet Foreman was incarcerated within the tolbooth of Perth for the alleged murdering of her own child; as also, by order of the late committee of estates in September last Donald Stewart, Iain mac Dhomhnaill Duibh mhic GilleMhìcheil,† Domhnall mac Eoghann mhic Iain mhic Mhàrtainn† and Iain mac Gille Domhnaich† were incarcerated in the said tolbooth for alleged breaking of his majesty's peace, as a supplication given in by the magistrates of the said burgh of Perth to our sovereign lord and estates of parliament craving that, in regard of the great expenses the burgh are at in sustaining the said prisoners, they having nothing wherewith to maintain themselves, commission might be granted for putting the said persons to a due and legal trial, and to execute justice against them for their respective crimes allegedly committed by them in manner foresaid, as the supplication more fully bears. Therefore, our said sovereign lord, with advice and consent of his said estates of parliament, gives full power and commission to James, earl of Tullibardine, [James Drummond], lord Drummond, the lairds [Drummond] of Machany, [Sir George Kinnaird of] Rossie, [William Blair of] Kinfauns, [Hugh Mitchell of] Kinarrochie and [John Nairn of] Muckersey, [...], sheriff depute of the sheriffdom of Perth, and the provost and bailies of the said burgh of Perth, or any five of them, to be justices in that part for trying and judging the above-named Janet Foreman for her alleged murdering of her own child, and the said four persons for the breaking and perturbing of his majesty's peace, all lying incarcerated in the said tolbooth of Perth, and to cause put to execution any sentence that shall be pronounced against them or any of them for the crimes foresaid.
[1661/1/430]*[print] [email] [cite] [preceding] [following]
Whereas upon a supplication given in to our sovereign lord by Colonel Alexander Ramsay, craving that in regard of his great losses and sufferings sustained by him for his loyalty to his majesty's royal father, of ever blessed memory, especially evidenced in the matter of the Engagement in the year 1648, whereof he was not only a great furtherer but also a constant maintainer of the lawfulness thereof against all opposers of the same, even in the worst of times, that therefore it might have pleased his majesty to make him happy with his royal approbation, and reference to his estates of parliament in Scotland, that they might be authorised to consider him according to his faithfulness and sufferings, as the supplication more fully purports. And the king's majesty, being informed of the said colonel's faithfulness in his royal father's service in the year 1648, was pleased, according to a deliverance upon the said supplication dated at Whitehall, 9 April last, to recommend the petitioner to his commissioner and the estates of this present parliament. Which supplication and recommendation above-written, being heard in the presence of the lord commissioner his grace and estates of parliament they, in obedience thereto, having made trial of the said Colonel Ramsay's loyalty and sufferings during these troubles, found that he had been a great sufferer for his loyalty, especially in the year 1648, and that he had been at great expenses in equipping himself as a colonel of horse, and by his being prisoner in England for a long space of time, and after his return to Scotland (having paid a considerable sum for his release) he was by an act of the general assembly in the year 1649 debarred not only from public ordinances but also from all human society, only because he would not acknowledge the foresaid Engagement for the king's majesty's relief to have been sinful and unlawful, whereupon he was necessitated to leave the kingdom and go beyond seas, and which losses they found could extend to no less than the sum of £1,000 sterling money. And seeing the said losses and sufferings came by opposition made against the said Engagement and rigorous censure of the general assembly in the year 1649, and the troubles and inconveniences that followed thereupon, as also seeing the parliament in the year 1648 directed a letter to all the several presbyteries adjuring them not to entertain undeserved prejudices against the proceedings in the said Engagement, which letter they all despised, therefore, his majesty's commissioner and estates of parliament have recommended and hereby recommends the said Colonel Alexander Ramsay to all the presbyteries of this kingdom (who have occasioned his said losses) that they may find out some effectual course for making payment to the said colonel of the foresaid sum of £1,000 sterling money in recompense to him of his said losses and sufferings.
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Warrants and orders passed ordaining Mr John Wilkie, collector of the vacant stipends, to make payment to some suffering ministers for their loyalty and to the wives and children of others deceased of certain sums of money modified to be paid to them out of the first and readiest of the vacant stipends.
The lord commissioner continues the parliament until tomorrow at 10 o'clock.