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In the first, it is statute and ordained that the freedom of the Holy Kirk, the immunities and privileges of the same, be observed and kept and defended by our sovereign lord, with all liberties, in honour and worship thereof, suchlike and as freely as they have been in the times of his most noble progenitors, kings of Scotland, and the breakers and offenders thereof be punished with all rigour.
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†Item, our sovereign lord ratifies and approves the statute made of before by his highness in his parliament held at Edinburgh, 17 July 1525, against those who hold, dispute or rehearse the damnable opinions of the great heretic [Martin] Luther, his disciples and followers, or of any other heresy, with a new addition, of which act and addition thereto the tenor follows; and our said sovereign lord, for the zeal of love his highness bears to the Christian faith and the Holy Kirk, ordains and statutes the said acts anew:
Item, it is statute and ordained that, forasmuch as the damnable opinions of heresy are spread in diverse countries by the heretic [Martin] Luther and his disciples, and this realm and lieges thereof have firmly persisted in the holy faith since the same was first received by them and never, as yet, admitted any opinions contrary to the Christian faith, but have ever been clean of all such filth and vice, therefore, that no manner of stranger who happens to arrive with their ship within any part of this realm bring with them any books or works of the said Luther, his disciples or servants, dispute or rehearse his heresies or opinions, unless it be to disprove them, and that by the clerks in the schools only, under the pain of escheating of their ships and goods and putting of their persons in prison; and that this act be published and proclaimed throughout this realm at all ports and burghs of the same so that they may allege no ignorance thereof; and that all other the king's lieges, assistants to such opinions, be punished in similar ways, and that none of them have, use, keep or conceal any books of the said heretic or containing their doctrine and opinions, but that they deliver the same to their ordinaries within 40 days under the pains foresaid,† and the effect of the said act to strike upon them, and letters to be directed to make publication hereof in form as is appropriate.
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†Item, because the damnable persuasions of heretics and their perverse doctrine give occasion to scorn the process of cursing and other censures of the Holy Kirk, for remedy hereof, our sovereign lord in this present parliament has ratified and approved and of new makes, constitutes and ordains the act made of before by his grace, with the advice of the three estates of his realm in his foresaid parliament, against those who sustain contemptuously the process of cursing with a new addition thereto, of which act and addition the tenor follows:
Item, it is statute and ordained that, because many and diverse of the king's lieges of this realm lie under the horrible sentence of cursing, separated from the suffrage and prayer of the kirk and merit of the blood of Christ, to the damnation of their souls, the evil example, peril and danger of the other good subjects of the realm, therefore, when any of our sovereign lord's lieges damnably sustain the said horrible sentence of cursing for the space of 40 days, whereupon caption ought to be given by the law, the party at whose instance the persons are cursed shall have our sovereign lord's letters to poind, seize and distrain their goods, movable and immovable, for payment of the sums for which they lie under the said sentence. And if the said persons lie under cursing by the said space for not doing or fulfilling of any act or deed, in that case the persons, their creditors, shall have letters in the first, second, third and fourth forms according to the ordinary judge's letters of cursing. And this act always to be without prejudice to those who like to take captions. And albeit that a person may be under an appeal, which may stop the giving of such letters in the manner written above, it is declared and ordained that no appeal from sentence of desertion of appeals before interposed shall stop the giving of such letters.
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Item, regarding the article for a general provincial council of Scotland to be held, it is thought expedient by the lords of the three estates of parliament that a general provincial council of this realm be set and held in the Black Friars of Edinburgh and to begin on 1 March 1535 [1536], and that [James Beaton], archbishop of St Andrews be required by the king's grace to set and have the said council at the said day, the whole clergy being lawfully warned thereto as is appropriate; and if my lord of St Andrews refuses to set and hold the said council, or that another impediment happens that he may not do the same, that the king's grace send to our holy father [Clement VII], the pope, for a brieve to any two bishops of this realm that his grace thinks suitable for the setting and holding of the said council.
[1535/13]*[print] [email] [cite] [preceding] [following]
My lord [Gavin Dunbar], archbishop of Glasgow, chancellor, asks for instruments that, forasmuch as there is an article devised and concluded that a general provincial council be held in the [Black] Friars Order of Edinburgh and to begin on 1 March 1535 [1536], and that my lord [James Beaton, archbishop] of St Andrews has been warned and required by the king's grace to hold the same, that my said lord chancellor, for the common welfare of this realm, consents that the said Archbishop of St Andrews holds the same without prejudice of his archbishopric of Glasgow, privilege and jurisdiction granted to him and his successors. At the tenth hour before midday.
[1535/14]*[print] [email] [cite] [preceding] [following]
Item, to the article for support to be made to the king's grace for such great matters as occur presently, because his grace has great matters now to do in the sending of ambassadors and for the expedition of his necessary errands for the universal welfare of this realm, and especially for his marriage, therefore the lords of the articles, in the name of the whole three estates, of their own free will, have, with good heart and mind, granted to his grace for support of such great charges the sum of £6,000 to be collected from the spiritual estate, barons and burghs of this realm, and the same to be taxed, uplifted and brought in to his highness after the old use and custom. And the lords spiritual for the taxation of the spirituality have chosen [Henry Wemyss], bishop of Galloway, [James Hay], bishop of Ross, [Robert Cairncross], abbot of Holyroodhouse, [Robert Reid], abbot of Kinloss, [George Lockhart], dean of Glasgow, [Richard Bothwell], parson of Ashkirk, [Henry White], dean of Brechin and [Alexander Scott], provost of Corstorphine; and the lords temporal have chosen Sir John Campbell of Lundie, knight, James Colville of Easter Wemyss, knight, Nicholas Crawford of Oxgangs, justice clerk, Thomas Scott of Pitgorno and Master Francis Bothwell [of Edinburgh] for the taxation of the barons; and that the burghs stent themselves after the old use and that these persons convene immediately for making of the said taxation, that the same may be brought in with diligence.
[1535/15]*[print] [email] [cite] [preceding] [following]
†Item, for the retention of money in the realm, it is statute and ordained that the acts made thereupon of before in our sovereign lord's time that now is, and by his most noble progenitors of good mind, whom God absolve, be put to execution in all points and that searchers be made thereto according to the tenor of the said acts. And where any person is apprehended passing out of the realm having money with him in opposition to the tenor of the said acts, of whatever estate or degree he be of, the searchers shall have the third part thereof for their labours and the remainder to be brought in to the king's use and account to be made thereof yearly in the exchequer. And presently the lords of articles make and constitute James Colville of Easter Wemyss, Master Adam Otterburn [of Auldhame and Reidhall] and Sir John Campbell of Lundie, knight, all personally present, universal searchers over all the realm, with power to deputise under them others at all ports and harbours, for whose diligence and their own they shall be held to answer to the king's grace. And because the matter of coin is complex and not well decided but with the advice of men of craft and those that are expert in the aforesaid, therefore, the lords ordain [William Stewart, dean of Glasgow], lord treasurer, [Sir James Colville of Easter Wemyss], comptroller, [James Lawson], provost of Edinburgh, Sir John Campbell of Lundie, [James Foulis of Colinton], clerk register, Master Francis Bothwell and [James Kincragie], dean of Aberdeen to convene with such other craftsmen and men of experience as they please to take to them to consult and devise in this matter, and as they devise and think to be done in the said matter according to the article, to refer again to the lords of the articles, and to do likewise regarding the mines, and that Sir James Hamilton of Finnart, knight, be with them regarding the devising of the aforesaid matters.
[1535/16]*[print] [email] [cite] [preceding] [following]
†Item, for policy to be had within the realm in the planting of woods, making of hedges, orchards, yards and sawing of broom, it is statute and ordained by the king's grace and his three estates of parliament that the acts made thereupon of before by King James II and our sovereign lord's other progenitors be observed and kept and put to sharp execution in all points, with this addition: that every man spiritual and temporal within this realm having a hundred pound land of new extent per year, and may spend so much, where there are no woods or forests, he should plant woods and forests and makes hedges and enclosures for himself extending to three acres of land, and above or under as his heritage is more or less in places most suitable; and that they cause every tenant of their lands that has the same in tack and assedation to plant upon their dwelling-site yearly for every merk land one tree, each lord of a hundred pound land under the pain of £10 and less or more after the rate and quantity of their lands;† and that inquisition be made yearly hereupon as the king's grace shall think most expedient; and that every man begin and cause planting to be made the next season hereafter following under the pains foresaid, to be raised and brought in to the king's grace's use by the sheriff of the shire, or whoever it pleases his grace to direct his commission to in that part, and that trial be taken yearly of the breakers of this statute by every sheriff in his own shire† yearly at his head court after Easter.†
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†Item, for the punishing of those that destroy green wood in contradiction to the tenor of the act written before, it is statute and ordained for keeping of the same that all destroyers of green wood by cutting, peeling of the bark, burning or felling, and likewise of all new enclosures, shall be accused thereof according to the acts and statutes made thereupon of before, and the pain thereof shall be in times coming for the first time £10, the second time £20 and the third time death. And likewise the penalty of burning of moorland after the month of March, in contradiction to the old acts and statutes, shall be in times coming for the first time £5, for the second time £10 and for the third time £20, and so forth at each time as often as they be found culpable £20. And if they be not accountable in lands or goods for the said penalty, their persons to be put in the prison of his grace the king, to be punished for their fault, enduring his grace's will, and to be called thereof at particular diets or general justice ayres as the king's grace shall think most expedient. And it shall not be lawful for the treasurer and compositor in times coming to compone or fine with the breakers of this act for less than the pain and penalties contained in the same.†
[1535/18]*[print] [email] [cite] [preceding] [following]
†Item, for keeping of all forests, woods and parks within the realm for wild beasts and hunting, it is devised, statute and ordained that all manner of persons claiming to have office of forestry in heritage or tacks of the forests of his grace the king shall be caused at such a day and place as pleases the king's grace, [Sir James Colville of Easter Wemyss], his comptroller, and [James Foulis of Colinton], his advocate,† for the production and showing of their rights and infeftments by which they claim the said offices to pertain to them, to be seen and considered by the lords of council and what clauses they contain, so that good rule and order may be put to them for keeping of the said forests in time coming, with certification that whether they compear or not, the king's grace, with the advice of his lords, will dispose of the said offices and make such constitutions as pleases his highness for the good keeping of the same, pasturing of wild beasts and hunting therein in times coming; and also ordains letters to be directed to command and charge all manner of persons claiming the said offices to pertain to them in heritage or tacks that they let no manner of goods, nolt, sheep, horse, mares or other cattle to be pastured within the forests of his grace the king, under the pain of losing their offices and escheating of their movable goods; and if any manner of person is found putting their goods to pasture in the said forests, that they be taken and brought to the prison of his grace the king and their goods found in the said forests to be escheated by the keepers thereof and brought in, the two parts to the use of his grace the king and the third part to the keepers of the said forests; and if they are negligent and found culpable, to be called and punished thereof in their persons and goods and loss of their offices.† And if there be any baron or other landed man, either spiritual or temporal, who has enclosures, woods or forests of their own, it shall be lawful for them and the keepers thereof to escheat all such goods that are found in manner foresaid within their forests to their use.
[1535/19]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord, with the advice of his three estates, ordains the act made by King James III, of most noble mind, whom God absolve, against those who slay does, roe deer, their calves or kids, to be put to execution in all points after the tenor of the same.
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†Item, it is statute and ordained that all those who break dovecotes, rabbit-warrens, parks, ponds, take or steal hives and bees out of the same, does, roe deer, rabbits, doves, pike and fish,† without special licence of the owners thereof, shall be called and punished thereof as for theft at particular diets, and this act is to extend to those who are doers of or give assistance to such misdoers.
[1535/21]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that the acts made of before against those who break other men's orchards and yards be put to execution in all points and to be called thereof at particular diets.
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†Item, it is ordained that the act made of before for the slaying of hares be observed and kept in all points.
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†Item, because it is unprofitable and useless to make laws and statutes for policy to be had unless the same be kept, and because such order and provision as is devised for policy may fail by the falling of lands into ward or giving of the same in conjunct fee or liferent, therefore the king's grace, with the advice of his three estates, ordains the act made thereupon by the most excellent prince King James IV, his father, of most noble mind, to be observed and kept in all points, and ratifies and approves the same, and that all sheriffs, stewarts, bailies and other officers, both in regality and royalty, and likewise spiritual men within their lands and to burgh, put the same to execution in all points. That is to say, all officers within the royalty†and lords of regalities under the pain of refunding to the heritors of such lands fallen in ward at their perfect age of all damage and harm that they shall happen to sustain through their negligence, they being required thereto by the person who is in ward or his friends;† and if the warder, ladies of conjunct fee or liferent†of such lands refuse to find surety according to the said act, they being required thereto by the sheriff, stewart, bailie, provost or alderman in burgh, that the said sheriff and officers, each man within his own bounds, charge them to find the said surety according to the said act personally or by open proclamation at the head burgh of the shire where the said lands lie with 21 days next after they being charged thereto, under the pain of wanting of the profit of all such ward lands, conjunct fee or liferents,† to be brought in to the king's use until the said caution is sufficiently found; and that the lords auditors of exchequer and treasurer for the time enquire diligently at every exchequer, to all sheriffs and other officers foresaid at the making of their accounts, if the said caution is sufficiently found and get certification thereof.
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Item, it is ordained that albeit a gratuity is granted to the king's grace by the three estates of his realm for the support of such necessary errands as his grace has to do, that no exaction be made upon the tenants, labourers of the ground,† for payment of the said contribution or any part thereof under the pain to be called thereof as common oppressors of the king's lieges at private diets and justice courts or at general justice ayres as it best pleases the king's grace; and that letters be directed to make intimation to all our sovereign lord's lieges at burghs and sheriffdoms at places suitable hereof, and that the justice clerk cause diligent inquisition to be made and take dittay hereupon.
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†Item, our sovereign lord ordains the acts made upon those who slay red fish, smolts and salmon in forbidden time and the pains contained in the same to be put to sharp execution, with this addition following: that is to say, it shall not be lawful to the treasurer and compositors in times coming to settle or fine in judgement or out of judgement with the breakers of the said acts for less than the pain and penalty contained in the same, and that dittay be taken upon all those who are art and part, causers or resetters of the slaying of the said red fish, smolts and salmon in forbidden times, suchlike as upon the principal slayers thereof. And because the long delay of justice ayres gives great occasion of the breaking of the said acts, therefore, the king's grace shall send a general commission with the justice clerk, and such other persons as pleases his grace to deputise thereto, for holding of particular diets yearly in the places where the said fish are slain; and ordains all such persons to be arrested to the first ayre to compear under the pain of rebellion and putting of them to the horn, and if they compear not, to put them to the horn and denounce them our sovereign lord's rebels, and that such order of arresting of such persons be kept as if it were in a general justice ayre.
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†Item, that the act made by [James IV], our sovereign lord's father, whom God absolve, and others of his progenitors regarding the holding of cruives and fish yairs be observed, kept and put to execution in all points, with this addition: that the resetters and assisters to such persons incur the same pain as the principals and that the same processes be had against them as is devised and statute against the slayers of red fish, salmon and smolts.
[1535/27]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord ordains the act and statute made of before for making of boats for fishing to be observed and kept and to be put to execution in all points.
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Item, our sovereign lord, for the strengthening and defence of the realm in a time of war, so that the ways of armies be not abused or forgotten in a time of peace, ratifies and approves that act made by [James IV], his highness's father, of most noble mind, whom God absolve, thereupon, and ordains the same to be observed and kept, and wappenschawing to be had twice in the year according to the said act: that is to say, that the said wappenschawings shall be made yearly in times coming on 20 October and in summer on 15 June, of which acts the tenor follows with addition: [...]†
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Item, because the shooting of guns, hackbuts, hand-bows and other small artillery now commonly used in all countries, both by sea and land, in their wars is so savage and of such great danger to the high courage of noble and valiant men, whose acts and deeds cannot be shown unless they too have provision of these instruments of war and battle, it is therefor statute and ordained by the king's highness, with the advice and consent of the three estates of the realm, that every landed man within this realm shall have a hackbut of found, called a hackbut of croichart,† with their cams,† bullets and pellets of lead or iron, with powder suitable thereto, for every hundred pound of land that he has of new extent, and he that has only a hundred merk land shall have two culverins, and each man having a forty pound land shall have one culverin, with cams, lead and powder appropriate thereto, with gun supports, to be at all times ready for shooting of the said hackbuts; and that every man of living foresaid shall have one man or more as he may furnish for shooting of the said hackbut and culverins and to teach others to shoot the same; and that every man have the said artillery belonging to his living, substantially furnished as is said, ready within 18 months after the publication of this act, under the pain of doubling of the price that will buy each piece of the said artillery, to be applied to the king's grace's use for buying of the same for himself; and the said 18 months being passed, that every man make his musters with the said artillery, well-furnished as is said, at the next wappenschawing thereafter to the partakers and receivers of the said wappenschawings, which being done they shall not be bound to bring the said artillery to any wappenschawings thereafter unless they be specially required thereto by the writings of his grace the king or by the sheriff or other judge ordinary under the king's grace; and that this act be extended as well to the lords of regality and their tenants as to them of the royalty, and that every kirkman likewise furnish such artillery in the manner written above to be shown at wappenschawings as is said after the value and quantity of their temporal lands, and that their artillery remain at the castle, abbey or mansion of the bishop, prelates or kirkmen, to be kept there and left to his successors who shall be held to uphold the same for the defence of the realm. And because it cannot be now clearly known of every burgh the value and quantity of the artillery and how much they may furnish, therefore, it is ordained that letters be written to the provost, bailies and aldermen of every burgh of this realm signifying to them this statute and ordinance of the manner of furnishing artillery to be made by the barons and kirkmen, charging them, therefore, to convene their council, advise and conclude what artillery and in what manner each burgh may furnish themselves, and refer again to the king's grace within 15 days after they have been charged thereto, that his highness may be advised therewith; with certification if they fail in the said matter, his grace shall cause them to be taxed after the value and quantity of their common good and substance for furnishing of the said artillery; and ordains that ladies of conjunct fee and liferent shall furnish according to the quantity of their living for support of the barons and other landed men in the supply of the said artillery.
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Item, because neither artillery nor harness can be furnished nor made ready according to the acts made thereupon unless the same be brought home by merchants, therefore, it is statute and ordained that every merchant sailing out of this realm, or sending his goods extending to a last of goods, shall bring home as often as he sails or sends his goods at every time two hackbuts or as many as his wealth may furnish, with powder and cams† for furnishing of the same, or else as much metal as will make the said hackbut, and likewise harness for furnishing of our sovereign lord's lieges in manner foresaid.
[1535/31]*[print] [email] [cite] [preceding] [following]
Item, it is statute and ordained for the safety of men, their goods and gear upon the borders in time of war and all other troublesome times, that every landed man dwelling in the inland or upon the borders having there a hundred pound land of new extent shall build a sufficient barmkin† upon his heritage and lands in the most suitable place, of stone and lime, containing three score foot of the square, one ell thick and six ells high, for the protection and defence of him, his tenants and their goods in troublesome times, with a tower in the same for himself if he thinks it expedient, and that all other landed men of smaller rent and revenue build palisades and great strengths as they please for the safety of themselves, men, tenants and goods, and that all the said strengths, barmkins and palisades be built and completed within two years under the pain.
[1535/32]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that the acts made of before by King James I and others our sovereign lord's predecessors be observed and kept and put to execution in all points; and for the eschewing of exorbitant prices taken from the king's lieges travelling through the realm, and of the prices of victuals, meat and fish, it is ordained that letters be directed to command and charge all provosts, aldermen, bailies and burgh officers, both to royalty and regality, and also lords and other barons that have burgh in barony and innkeepers on their lands, that they cause all innkeepers, both to burgh and to land, each man within himself and bounds of his office, to have honest chambers and bedding for receiving of all passengers and strangers passing and travelling through the realm, well and honestly furnished with good and sufficient stables with heck and manger, corn, hay and straw for their horses, meat, fish, bread and ale with other furnishing for travellers, to be sold at a suitable price and as similar stuff is sold commonly in the surrounding country where such innkeepers dwell; and that they set yearly prices thereupon as the said innkeepers may live and sustain their lodgings, under the pain to be called and punished thereof at the will of his grace the king, and that dittay be taken hereupon upon the breakers of this statute, to called at general justice ayres or other particular diets when the king's grace pleases.
[1535/33]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained for the common welfare of the realm, because the buying and having of dainty English horses is the cause that the studs and stud places of Scotland are disparagingly unplenished and the horses grown small, that, therefore, no man of this realm buy any English horses from the realm of England for money or by bartering with other stuff, such as nolt, sheep, horses, victuals or other cattle, under the pain of loss of the horses to the king's grace or the price of him if he happens to be dead, sold or otherwise put away;† and that all manner of persons having studs and stud places within this realm make the same to be plenished with studs, stud mares and great stallions for furnishing of horses to all manner of persons within the realm.
[1535/34]*[print] [email] [cite] [preceding] [following]
†Item, because a great part of the realm, and especially near the borders, have been these many years bygone in our sovereign lord's minority unplenished, and a great part of the inland robbed of their goods and the same had and sold in England by thieves and traitors, whereby all manner of stuff has grown to a great price and dearth, and now our sovereign lord putting order of justice, rest and tranquility amongst his lieges and that plenty of goods may grow amongst them, has ordained and statute, with the advice of his three estates in parliament, that no manner of man in time coming sell nolt, sheep or other cattle, old or young, to any Englishman by himself or any intermediary person, or have or send the same to England to be sold, and that no manner of man send in to England victuals, fish or salt under the pain of confiscation of all their movable goods, and that all wardens, provosts, bailies of towns and keepers of ports and harbours within the realm make diligent search and seek the breakers hereof under the pain of the loss of their offices and the imprisoning of their persons for a year and a day enduring the will of his grace the king; and if any Englishman comes into this realm with their ships to buy victuals, fish or salt, the king's grace shall grant to them his safe-conduct to do the same, if his grace thinks the same expedient; and the safe-conduct being obtained,† it shall be lawful for all merchants and others within the realm to sell such merchandise to the said Englishmen for gold and silver, or to barter for other goods and sufficient merchandise.
[1535/35]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that no forestallers be found buying victuals, fish, meat or other stuff, or the same be presented to the market nor yet in to the market or the time of day statute and ordained thereto, under the pain of imprisonment of their persons and escheating of all such goods sold or arled† by them, that is to say, the two parts to the king's grace, the third part to the sheriff or officer of the shire, provost, bailies and burgh officers, or to any others who finds them doing in the contrary hereof.
[1535/36]*[print] [email] [cite] [preceding] [following]
†Item, for the bringing in of our sovereign lord's property and casualties yearly to his exchequer, so that his treasurer and comptroller may be well furnished for achieving all such things that pertains to them to do, and that in time coming they shall have no cause to complain except due to their own default and negligence,† it is therefore statute and ordained that all sheriffs, stewarts, customs officers, chamberlains and other intromitters with our sovereign lord's property compear at every exchequer where it shall be held for the time, and make their accounts and full payment equal with the rolls before their departing, each one for their own part so far as they have intromitted with or might intromit by reason of their office, they doing diligence thereto† under the pain of† warding of their persons, there to remain during the king's will; and as for the casualties, ordains all sheriffs, stewarts, bailies and others that ought to make due account, reckoning and payment of the same to compear yearly in the exchequer by themselves, or their suitable deputies, at the day assigned to them by the precept, and there make account, reckoning and payment of all such casualties and do their utter diligence thereto by the consideration of the lords auditors, and depart not foresaid until they have done the same under the pain foresaid.†
[1535/37]*[print] [email] [cite] [preceding] [following]
†Item, regarding the execution of the acts of parliament made of before by the progenitors of our sovereign lord upon those who commit slaughter, and for the apprehension of our sovereign lord's rebels and diligence to be made therein by sheriffs and other officers of the realm, both in regality and royalty, it is statute and ordained that the acts made thereupon of before be put to execution in all points, and that all sheriffs, stewarts, bailies and all other officers, both to burgh and to land, as well in regality as in royalty, do their diligence to search and seek all our sovereign lord's rebels and those being at his horn, wherever they may be apprehended with their bailiaries, take and bring them to our sovereign lord's justice to be justified for their demerits under the pain of loss of their offices for three years, if they have the same in heritage, and if they have the same for years, that they shall lose the same forever,† and to be accused upon their diligence in that behalf in the justice ayre or at other particular diets as shall please the king's grace; and that no manner of man within this realm wilfully or knowingly harbour, aid or maintain or do favours to any of our sovereign lord's rebels and those being at his horn within their houses, lands, bounds or bailiaries under the pain of death and confiscation of all their movable goods, and to be called and accused hereupon, either at justice courts or particular diets as is said; and if the officers of the regality be found negligent, they being required hereto, it shall be lawful to the king's sheriffs to put the said acts to execution within the said regality after the form and tenor of the same, and that the justice clerk enquire diligently hereupon and take dittay as appropriate.
[1535/38]*[print] [email] [cite] [preceding] [following]
†Item, for the refraining of the multitude of masterful and strong beggars, it is ordained that the act made thereupon of before by King James I, approved and ratified by others of our sovereign lord's predecessors, be observed and kept and put to sharp execution in all points with this addition: that no beggars be suffered to beg in a parish which were born in another, and that the headmen of each parish make tokens and give to the beggars thereof, and that they be sustained within the bounds of that parish and that none other be served with alms within that parish but those who bear that token only, under the pains contained in the said acts, and that the justice clerk make inquisition and take dittay hereupon at every justice ayre; and also ordains letters to be directed to command and charge the provost and bailies of Edinburgh and all other provosts, bailies of burghs, sheriffs and others of the king's officers to put this act to execution in all points, and that the same be published at all places needful so that none shall pretend ignorance or allege they know not the same in time to come.
[1535/39]*[print] [email] [cite] [preceding] [following]
†Item, for the more hasty expedition and punishment of those who commit slaughter upon forethought felony and flee to girth, according to the act of parliament made thereupon of before, which often takes no effect through pretence of excuse of the masters thereof, spiritual men who will not deliver the said trespassers to the officers of our sovereign lord according to the tenor of the said act, therefore it is statute and ordained by the king's grace, with the advice and consent of the three estates of parliament, that all masters of girths within this realm shall make suitable responsible men bailies or masters of girths under them dwelling at the said girths or nearby, who shall be held in all times coming to deliver all committers of slaughter upon forethought felony that flee to girth and other trespassers who break the same and may not enjoy the privilege thereof according to the canon law and act of parliament foresaid to our sovereign lord's officers, asking and desiring them to underlie the law according to the said act of parliament; and if the said bailies fail in the said matter, to be rigorously punished for their contempt in their bodies and goods at our sovereign lord's will, and that all masters of girths, spiritual men, send to the justice clerk the names of their bailies and masters of girths deputised and to be deputised by them, that when any such crimes are committed and done, that letters may be directed to all sheriffs, bailies or stewarts within whose bounds the said girths are to charge the said bailies or masters to deliver to them the said trespassers according to the said act of parliament.
[1535/40]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord, with the advice and consent of his three estates in parliament, ratifies and approves the acts made of before granted to merchants within burghs.
[1535/41]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained by the king's grace and the three estates of parliament that the act and statute made by our late sovereign lord King James III, and ratified and approved by [James IV], our late sovereign lord who last deceased, of good mind, whom God absolve, touching merchants passing with their merchandise out of the realm to France, Flanders or any other parts, that no merchant sail without having half a last of his own goods, or else in governance as factor to other merchants, be put to execution in all points in time to come after the form and tenor of the same, and ratify and approve the said acts and statute now in this present parliament; and also ordain the provost or bailies of burghs situated at each port of the realm to search and seek the persons, breakers of the said statutes, and that they distrain each person, breaker thereof, for the sum of £20, to be applied in this way, that is to say, the one half to our sovereign lord's use and the other half to the provost or bailies for their labours, and that they make account thereof yearly in the exchequer; and if the provost or bailies of the said burgh be negligent in the exercising of their offices and power given to them, they shall be obliged to pay the said pain of £20 for every man that passes and sails in opposition to the said act at that port where they have jurisdiction to the king's grace; and also it is ordained that no skipper, master or owner of ships receive any merchant to sail in their ships without having the names of them in ticket, subscribed by the hands of the said provost and bailies, under the pain foresaid for each person who they received within their ship, and that our sovereign lord's customs officers, or any others who pleases, should accuse the said provost and bailies if they be negligent in the aforesaid yearly at the exchequer, and letters to be directed hereupon in due form as is appropriate; and also that letters be written to the conservator of the nation in Flanders containing the effect of this act, charging him to send home the names of all merchants repairing there in every ship in opposition to the tenor of the said act to the treasurer under the pain of the loss of his office.
[1535/42]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord ordains the act made by King James II, by which it is ordained that no ship be freighted out of the realm with any staple from the Feast of Simon and Judas Day [28 October] to the Feast of the Purification of our Lady called Candlemas [2 February], be observed and kept and put to execution in all points with this addition: that the pain of those who come in contradiction thereof shall be in times coming £20 to be raised from each person, breakers of the said act, except it shall be lawful to send any kind of merchandise out of the realm in the time foresaid in any ship that brings in salt or wine.
[1535/43]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained for the honesty of the realm, welfare and profit of all our sovereign lord's lieges, especially his burghs and merchants of his realm, that no ship be freighted nor merchants sail therein with their goods and merchandise out of the realm to† Flanders but twice in the year, that is to say to the Easter market [March-April] and Rood market [September] under the pain to each person coming in contradiction hereof of £20 to be raised and brought in to the king's use.
[1535/44]*[print] [email] [cite] [preceding] [following]
†Item, because all our sovereign lord's burghs are put to poverty, wasted and destroyed in their goods and policy and almost ruinous through the fault of using of merchandise, and that through being of outland men,† provost, bailies and aldermen within burgh for their own particular welfare in consuming of the common goods of burghs granted to them by our sovereign lord and his predecessors, kings of Scotland, for the upholding of honesty and policy within burghs, it is therefore statute and ordained that no man in time coming be chosen provost, bailie or alderman in to burgh but those who are honest and substantial burgesses, merchants and indwellers of the said burgh, under the pain of the loss of their freedom who does in the contrary; and that no man dwelling within burgh purchase lordship out of burgh in any action or quarrel to molest, trouble or give fear and dread to his neighbour and party, under the pain contained in the acts and statutes made thereupon of before; and that all provosts, bailies and aldermen of burghs bring yearly to the exchequer, at the day set for giving of their accounts, their account books of their common goods, to be seen and considered by the lords auditors if the same was spent for the common welfare of the burgh or not, under the pains foresaid; and that the said provosts, bailies and aldermen of every burgh warn yearly 15 days before their coming to the exchequer all those who wishes to come, for examining of the said accounts, that they may argue and impugn the same as they please so that all murmurs may cease in that regard.
[1535/45]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that no man, earl, lord, baron or other man of whatever degree, about and adjacent neighbours to burghs, molest, trouble or disturb aggressively the provost, aldermen, bailies and officers of burghs and merchants thereof in using of their franchise, liberties and privileges granted to them by our sovereign lord and his predecessors, kings of Scotland, and in contradiction to the acts and statutes made thereupon, under the pain to be called and accused as common oppressors of our sovereign lord's lieges at general justice ayres or private diets and justice courts, as shall be thought expedient by the king's grace, and that the justice clerk take inquisition and dittay hereof as is appropriate.
[1535/46]*[print] [email] [cite] [preceding] [following]
Item, it is thought expedient by the lords of articles that [Gavin Dunbar, archbishop of Glasgow], lord chancellor, with an unspecified number of lords with him, sit weekly for the communing and treating of matters concerning the common welfare of the realm and advertising the king's grace thereof.