Sexta dies parliamenti
[1581/10/19]*[print] [email] [cite] [preceding] [following]
Parliamentum excellentissimi principis et domini Jacobi Sexti Scotorum regis tentum apud Edinburgh penultimo die mensis Novembris anno Domini millesimo quingentesimo octuagesimo primo per dictum supremum dominum nostrum regem et tres regni sui status unacum officiariis et ministris curie ut in die predicta.
[1581/10/20]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with avise of his thre estaittis and haill body of this present parliament, hes ratefeit and apprevit and, be the tenoure heirof, ratefeis and apprevis all and quhatsumever actis of parliament, statutis and constitutionis past and maid of befoir, aggreabill to Goddis word, for mantenance of the liberte of the trew kirk of God and religioun now presentlie professit within this realme and puritie thairof, and specialie the act maid in the regne of the quene, his dearest moder, in the parliament haldin at Edinburgh, the xix day of Aprile, the yeir of God 1567, anent the cassing, annulling and abrogating of all lawis, actis and constitutiounis, cannon, civile and municipale, with uthir constitutiounis contrair the religioun now professit within this realme and the actis in likewise efter following maid in diverse parliamentis haldin sen his hienes coronatioun, namelie, the actis anent the abolisching of the Pape and his usurpit authoritie; annent the annulling of the actis of parliament maid aganis Goddis word and mantenance of idolatrie in ony tymes bypast; the Confessioun of the Faith professit be the Protestantis of Scotland; anent the mes abolischit and punisching of all that heiris or sayis the same; anent the trew and haly kirk and of thame that ar declairit not to be of the same; anent the admissioun of thame that salbe presentit to benefices, havand cuir of ministerie; anent the kingis aith to be gevin at his coronatioun; anent thame that suld beir publict office heirefter; anent thriddis of benefices grantit in the moneth of December, the yeir of God m d lxj yeris, for sustenyng of the ministerie and utheris effairis of the prince; anent thame that salbe teicheris of the youth in scules; anent the jurisdictioun of the kirk; anent the dispositioun of provestreis, prebendreis and chaiplanreis to bursaris to be foundit in colleges; anent the fylthie vice of fornicatioun and punischment of the same; anent thame that committis incest; anent lawfull mariage of the awin blude in degreis not forbiddin be Goddis word; ratificatioun and approbatioun of the actis and statutis maid of befoir anent the fredome and libertie of the trew kirk of God; anent the trew and haly kirk, that the adversareis of Christis evangell sall not enjoy the patrimony of the kirk; anent the dissobedientis quhilk salbe resavit to oure soverane lordis mercie and pardoun; the explanatioun of the act maid anent manssis and gleibis; anent purchessing of the Papis bullis or giftis of the quene, oure soverane lordis moder; approbatioun of the act maid anent the dispositioun of benefices to the ministeris of Christis evangell; anent the reparatioun of perroche kirkis; the ratificatioun of the libertie of the trew kirk of God and religioun, that the gleib of the ministeris and reideris salbe fre of teyndis; anent the trew and haly kirk and of thame that ar declarit not to be of the same; anent the jurisdictioun of the kirk, dischargeing of mercattis and lauboring on Sondayis and playing or dreinking in tyme of sermone; anent the youth and utheris beyond sey suspect to haif declinit from the trew religioun; that houshalderis haif bybillis and psame buikis; for punischment of strang and idill beggerris and releif of the puir and impotent; and declaris the saidis actis, and everie ane of thame, and all utheris actis of parliament maid in favour of the trew religioun sen the said reformatioun, to have effect in all poyntis eftir the forme and tenoure thairof.
[1581/10/21]*[print] [email] [cite] [preceding] [following]
†Item, becaus, for laik of preching and teiching in sindrie partis of the realme, monie people ar suspectit to be fallin in greit ignorance and danger of Godles atheisme, it being found maist difficill that in the charge of pluracie of kirkkis ony ane minister may instruct mone flokis, thairfoir it is thocht expedient, statute and ordanit be oure soverane lord and his thre estatis of this present parliament that everie perroche kirk, and samekle boundis as salbe found to be a sufficient and a competent parochrie thairfoir, sall have thair awin pastoure, with a sufficient and ressonable stipend according to the state and habilitie of the place, and that all kirkis to the prelacyis annexit be providit of sufficient ministeris with competent levingis, alsweill laitlie disponit sen his hines acceptatioun of the governement of his awin persoun as that sall vaik and be providit heirefter quhill his hines perfite age; and befoir the title of onie prelacie be conferrit to ony persoun heirefter, that the saidis levingis and stipendis be reservit in the provisioun and alwayis comptit in the thrid, to the effect that ministeris may be providit thairto ad vitam; and in cace ony gift or provisioun of prelacie sall pas uthirwayis, declaris the same to be null and of nane availl, force nor effect. For the speciall execusioun of the quhilk ordoure, his majestie, with advise of his saidis thre estatis, grantis and gevis power and commissioun to his richt traist cousingis and trustie and weilbelovit counsaillouris and utheris eftir specefeit, videlicet, James Stewart, erle of Arrane, lord Anand and Hammiltoun, Johnne, erle of Montrois, lord Grahame, Andro, erle of Rothes, lord Leslie, Patrik, lord Lyndsay of the Byris, James, lord Ogilvie, Johnne, lord Hereis, Patrik, archibischop of Santandrois etc., Adam, bischop of Orknay, Alexander, bischop of Brichen, Mark, commendatoure of Newbottill, Leonard, commendatour of Couper, Alexander, commendatoure of Culros, the commissioneris of the burrowis of Edinburgh, Perth, Dunde, Striviling, Glasgow and Santandrois, with oure soverane lordis officiarris of the estate under writtin, they ar to say: the lord greit chamberlane, the chancellair, the thesaurair, secretair, comptroller, collectoure generale, justice clerk, clerk of registair and advocate, or onie thre of thame conjunctle, his majesteis collectoure generale of the superplus alwayis being ane, to convene with the commissioneris of the kirk this present yeir how sone may be, and all uthir yeris to cum at the first day of November, and to considder, appoint and ordoure the estate of the saidis kirkis and stipendis quhairthrow the saidis ministeris, being honestlie sustenit, may the bettir attend to thair flokis and propir vocatioun; and the said ordoure to continew ay and quhill forder ordoure be tane be his hines, with advise of his saidis estatis in parliament.
[1581/10/22]*[print] [email] [cite] [preceding] [following]
†Item, becaus sindrie ministeris providit to benefices for thair liftymes, without regaird of conscience or how thair successouris suld leve eftir thame, for sum present profite, settis thair saiddis benefices and rentis thairof in fewis, takis, rentallis or disponis pensionis furth of the same to the utter owerthraw of the kirk and greit prejudice, bayth of the kingis majestie, the commoun welth and prosperitie to cum; it is thairfoir thocht expedient, statute and ordanit be oure soverane lord, with advise of his thre estatis and haill body of this present parliament, that na personis being in the functioun of the ministrie providit to title of benefices under prelacyis sall, in tyme cuming, mak or sett ony fewis, takis, rentallis, dispone pensionis or mak uther dispositionis of the renttis of his benefice to the prejudice of his successoure and diminutioun of the rentale quhairat he findis it at his entrie thairto, under the pane of deprivatioun frome the said benefice, quhairuntill, in cais he failye, his sett and locatioun to be decernit null and him self to be deprivit alsweill frome his functioun in the ministerie as from the benefice it self, quhilk upoun his default, tryit and adjugeit as said is orderlie, salbe declairrit to be vaicand and to be presentit and conferrit of new as gif he wer naturalie deid.
[1581/10/23]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordanit be oure soverane lord, with advise of his thre estatis of this present parliament, that all benefices of cuir under prelacyis salbe presentit be oure soverane lord and the lawit personis in the favoure of abill and qualifeit ministeris apt and willing to enter in that functioun and to discharge the dewtie thairof; and in cace ony salhappin to be gevin and disponit utherwise heirefter, decernis and declaris the giftis and dispositiounis to be null and of nane avail, force nor effect.
[1581/10/24]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with advise of his thre estatis of this present parliament, ratifeis and apprevis the act of parliament haldin at Edinburgh, the first day of Februar, the yeir of God jM d lj yeris, intitulat 'The act aganis thame that sueiris abhominabill aithis', and ordanis the same to haif effect and execusioun in tyme cuming efter the forme and tenoure thairof under the fourt and last pane specifeit in the same, that is to say, for the first falt, everie prelate of kirk, erle or lord, iiij s.; ane barone or beneficit man constitutit in dignitie ecclesiastik, xij d.; ane landit man, frehalder, wassell, fewer, burges and small beneficit men, vj d.; ane craftisman, yeman or servand man, iiij d.; the puir folkis that hes na geir to be put in the stokis, joggis or presonit for the space of foure houris; and wemen to be weyit and considerit conforme to thair blude and estate of thair pairteis that they ar copulat with. For the† falt, everie prelat, erle or lord, viij s.; everie barone or beneficit man in dignitie, ij s.; everie landit man, frehalder, wassell, fewer and small beneficit men, xij d.; and everie craftisman, yeman or servand, viij d.; the space of the puir folkis imprisonement to be dowbillit. And for the thrid falt, the saidis secund panis to be dowblit. And for the fourt and last falt, the offendaris to be banisit or put in waird for the space of yeir and day at the kingis will, and sicklike all utheris estaittis eftir thair qualitie to be puneist efferandlie, and the foirsaidis panis to be uptakin and applyit to the use of the puir folkis. And for the bettir execusioun heirof, that censouris be appoyntit in the merkat places of all burrowis and uthir publict fairris, with power to put the swerairis of sic abhominabill aithis in ward quhill thai have payit the saidis panis and find souertie to abstene in tyme cuming, and that be directioun and commissioun of the schireffis, stewardis, bailyeis, provestis, aldermen and bailyeis of burrowis, lordis of regaliteis and utheris ordinar officiaris; and that all houshalderris delait to the magistratis the names of all sic personis as transgressis this present act, that, upoun complaint thairof to be maid to the kingis magestie and his privie counsaill, they salbe callit and committit to waird during his hines will and find souertie under greit panes at his hines sicht for exact diligence to be schawin in executing of the said act thairefter.
[1581/10/25]*[print] [email] [cite] [preceding] [following]
†Forsamekill as pairt for want of doctrine and raritie of ministeris, and pairtlie throw the pervers inclinatioun of mannis ingyne to superstitioun, the dregges of idolatrie yit remanis in divers pairtes of the realme be using of pilgramage to sum chappellis, wellis, croces and sic uther monumentis of idolatrie, as also be observing of the festvall dayis of the santes, sumtyme namit their patronis, in setting furth of bain fyris, sing of caroles within and about kirkis at certane seasones of the yeir, and observing of sic utheris superstitious and papisticall rytes to the dishonore of God, contempt of the trew religioun and fostering of greit errore amang the peopill; for remeid quhairof, it is statut and ordanit be oure soverane lord, with advise of his thre estatis in this present parliament, that nane of his hines lieges presume or tak upoun hand in tyme cuming to hant, frequent or use the saidis pilgramages or utheris the foirnamit superstitious and papisticall rytis under the panis following, videlicet, ilk gentill man or woman landit, or wyfe of the gentilman landit, ane hundret pundis, the unlandit ane hundret markis and the yeman fourtie pundis, for the first falt; and for the secund falt, the offendaris to suffer the pane of deith as idolateris. And for the better execusioun heirof, commandis, ordanis and gevis power to all schireffis, stewartis, bailyeis, provestis, aldermen and bailyeis of burrowis, lordis of regaliteis, thair stewartis and bailyeis and utheris quhome it sall pleis oure soverane lord to grant speciale commissioun to seirche and seik the personis passing in pilgramage to onie kirkis, chapellis, wellis, croces or sic uthir monumentis of idolatrie, as alsa the superstitious observaris of the festvall dayis of the santes, sumtimes namit thair patronis, quhair thair is na publict fayris and mercatis, setteris oute of bainfyris, singeris of caroles within and about kirkis, and of sic utheris superstitious and papisticall rytis, and apprehending thame in the actuale deid of the transgressioun of this present act, eftir spede jugement of thair transgressioun, to put and hald thame in presone and firmance ay and quhill thay redeme thair libertie be payment of the panes abone writtin and find cawtioun to abstene in tyme cuming, under the pane of doubling of the same pane; and gif the personis apprehendit be not abill to redeme thair libertie be payment of the saidis pecuniall panes, that then they keip the personis transgressouris in presoun, irnis or stockis upoun breid and wattir, for the space of ane moneth eftir thair apprehensioun, causand thame quhen thai ar sett at libertie, outher find cawtioun or mak fayth to abstene thairefter; and in cais thei happin to pas furth of the schire quhair thai offend unapprehendit, that the schireffis and uther ordiner juges of the nixt schire, burgh or jurisdictionis apprehend thame and proceid in likemaner aganis thame, declairand the ane half of the pecuniall panis to pertene to the saidis ordiner juges for thair panes and for sustenyng of the personis to be kepit in waird, irnis or stockis, and the uther half to be inbrocht to the use of the puir of the parochin.
[1581/10/26]*[print] [email] [cite] [preceding] [following]
†Anent the supplicatioun maid to the kingis majeste and his thre estatis of this present parliament, craving ane explanatioun of the act of parliament maid in the regne of the quene, his hines dearest moder, anent adulterie, that is quhat salbe estimit and judgit in law to be notoure and manifest adulterie, worthie of the pane of deith, mentionat in the said act; it is thairfoir declarit be his hines, with advise of his thre estatis in this present parliament, that it salbe judgit in law notoure and manifest adulterie, worthie of the said pane of deith, quhair thair is bairnis, ane or ma, procreat betuix the personis adulteraris, or quhen they keip companie and bed togidder notoriouslie knawin, or quhen thay ar suspect of adulterie and thairby gevis sclander to the kirk, quhairupoun, being dewlie admonischit, to abstene and satisfie the kirk be repentance or purgatioun, and yit contempnandlie refusand, ar excommunicat for thair obstinacie; all thir thre degreis of adulteraris, and everie ane of thame, being lawfullie callit and convictit befoir the justice and his deputis, sall incur and suffer the said pane of deith.
[1581/10/27]*[print] [email] [cite] [preceding] [following]
†Forsamekill as certane fugitivis and utheris personis, oure soverane lordis borne subjectis now remaning furth of this realme, professing thame selffis the subjectis and servandis of uthir princes, upoun disdane and malice borne be thame aganis the trew and Christiane religioun now publictle preichit and be law establischit within this realme, ceissis not safar as in thame lyis to pervert the youth of this natioun passing furth of this realme to the sculis and to visite uthir cuntreis, and als makis, settis furth, sendis hame and causis to be dispersit in this realme diverse famous buikis and libellis in prais and defence of the Paip and his usurpit authoritie, dampnit be Goddis word and oure soverane lordis lawis; as alswa sindrie of the same personis presumes oftymes to repair in this realme thame selffis, under culoure to seik the recoverie of thair helth be the air of thair native cuntrie, intending to seduce the simpill and ignorant pepill and utheris ony wayis affectit to thair superstitious and erroneous doctrine. For remeid quhairof, it is statute and ordanit be oure soverane lord, with advise of his thre estatis, that the actis maid for punischment of his hines subjectis, adversareis to the trew and Christiane religioun and persounis suspectit to haif declinit thairfra, be put in dew execusioun in all poyntis, with this additioun: that it sall not be lesum to ony of the saidis personis, his hines subjectis or strangerris (not being ambassadouris, messingerris nor merchandeis), adversareis of the trew and Christiane religioun, or that hes declinit thairfra, to returne in this realme or remane thairin, except within the space of fourtie dayis eftir the end of this present parliament they satisfe and obey his hines lawis anent the geving of thair confessioun and assenting and subscriving to the artickillis of the said trew and Christiane religioun; and in the manetyme, that nane of thame repair in the kingis majesteis presence, palice or duelling place, or remane langer nor thre houris in onie pairt neir the same within the space of sevin myles; and quhaever failyeis heirin (thair names being notifeit be the bischopis, superintendentis or ministeris of the kingis hous to the ordinar juges quhairever the saidis persounis repairis or remanis), they salbe takin and haldin in presoun be his maister of houshald or uthir judges ordiner ay and quhill they have found sufficient souertie, ilk persoun under the pane of fyve hundret markis that they sall outher recant thair errouris and obey his hines lawes be professing of the said Christiane religioun or depairt furth of the realme within the space of fyftene dayis thairefter. And that alswa in the meane season, they sall nouthir teache nor saw the said Papis erroneus doctrine, nor na uther erroneus doctrine repugnand to the said trew and Christiane religioun now publiclie prechit and be law establischit in this realme to nane of the subjectis thairof, outher be wordis or write, under the said pane, and that all his hines subjectis that hes or sall mak, sett furth, bring hame, sell or dispers within this realme onie of the saidis famous buikis and libellis in the praise and defence of the said Paip and his usurpit authoritie or uthir erroneus doctrine, to the contempt of oure soverane lord and trew religioun presentlie professit within this realme, being callit and dewlie convictit thairfoir, according to the lawis of the same, sall incur be pane of banischment and confiscatioun of all thair guidis moveabill to oure soverane lordis use. And becaus sindrie personis, dissobeyarris of his hines authoritie, for non geving of the confessioun of thair fayth conforme to the actis of parliamentis, hes thairthrow tint thair benefices ipso facto, the same being lawfullie and dewlie providit be oure soverane lordis presentatioun and admission of the kirk to personis serving in the ministerie and the fruittis thairof assignit to thame for thair yeirlie livingis and stipendis, nevertheles, in seiking lettres to be answerit and obeit of the saidis fruittis, they ar oftymes hinderit throw licences purchessit of oure soverane lord to the saidis personis departing and remaning furth of the realme for diverse yeris withoute skaith or danger to be incurrit be thame in thair persones, levingis, guidis and geir, in respect of the quhilkis licences the juges, befoir quhome they ar producit, stayis and ceissis further proceding in the saidis caus, to the greit hurt and prejudice of the act of his hines parliament, intitulat 'That the adversareis of Christis religioun sall not enjoy the patrimony of the kirk'. For remeid quhairof, it is statute and ordanit be oure soverane lord and thre estatis of this present parliament that all sic licences purchessit of his hines sall have na effect, strenth nor force, annulland and dischargeand the same be thir presentis insafar as they may ony wayis tend to the prejudice and hinder of the execusioun of the saidis actis of parliament, or to the titles and provisionis of benefices and utheris ecclesiasticall rentis maid and grantit be vertew thairof, commanding the saidis juges, befoir quhome the saidis actionis ar or salhappin to be intentit or dependis, to proceid and do justice thairin with expeditioun, notwithstanding the saidis licences or absence of the personis in quhais favoure the same ar or salhappin to be grantit, quhilkis licences salbe estimit as privie wrytingis withoute ane sufficient testimoniall instantlie schawin, that the person to quhome the same licence is grantit professis the trew religioun and hes already satisfeit his majesteis lawes maid to that effect.
[1581/10/28]*[print] [email] [cite] [preceding] [following]
Forsamekill as in the parliament haldin in the first yeir of regne of the kingis majestie, oure soverane lord, commissioun is grantit to certane lordis of the estatis to considder sic articles as then wer committit to thame and to report the same agane the nixt parliament, as the said act contenyng the articles in speciall and to quhome the consideratioun thairof ar committit at mair lenth proportis; and as likewayis in the parliament haldin be his hines at Edinburgh in the moneth of November, jM d lxxix, commissioun is grantit to the lordis of prive counsell for ordoure taking in certane articles specifeit in the act maid thairupoun, off quhilkis articles diverse ar already considerit of and actis and statutis maid thairupoun, utheris ar remaning as yit untuichit, to the greit hurt and prejudice of the kingis majestie, the commone weill and sindrie particular pairteis; and lastlie, in this present parliament sindrie articlis and supplicationis hes bene presentit to his majestie and lordis of the articles quhilkis can not be sufficientlie considerit in that schort tyme quhilkis now the estatis may remane togidder, off quhilk haill articles the titles followis: ane article of James, lord of Sant Johnis, anent the confirmatioun of his privileges; ane article concernyng the act of adulterie; ane article of leirnit men of this realme desyring letteris to flurische; ane article tuiching ejectionis and spuilyeis; ane article anent reductioun of decreittis for the causis contenit in the first libell; ane article concerning warrandis in redemptioun of landis; ane article for punischment of thame that wilfullie passis to the horne and remanis thairat; ane article for thame that passis to the horne for liquidat sowmes; ane article for thame that passis to the horne and enteris in the girth; ane article for thame that puttis thair sones and freindis in their landis or makis assignationis of thair guidis in defraud of the executioun of decreittis; ane article for superiouris that gevis privat seesingis eftir the deceis of thair wassellis, in defraud of the air of the saidis wassellis; ane article anent derth of victuale and bestiall; ane article for ganging of fische furth of the realme; ane article for chesing of commissaris in everie schire to keip ordoure amangis craftismen; ane article for slauchter; ane article for assythment of pairtie; ane article for theiffis tane reiffand; ane article for slauchter of weillis and lambis and for passing furth of the cuntrie and inbringing of wyne, irne, tar, lint and lit, and als concerning the merchandis that rasis the prais of the geir that it was first sauld for eftir the hame bringing; ane article for confirmatioun of the giftis of annuellis and chaiplanreis to burrowis; ane article of the burgh of Cowpar anent the dountaking of thair custumes; ane article for tuiching seill feis, uther feis and wryting; for taking ordoure anent the abusis and disorderis of officiaris of armes and notaris; anent the extorsioun tane be custumaris and searchearis; anent prebendareis to be annexit to collegis; anent depositioun from benefices; anent mareages without consent of parentis; anent sustening of the ministerie at college kirkis; reformatioun of the college of Abirdene; for erectioun of ane college in Orknay; for consideratioun and reformatioun of the state of the universiteis and collegis in generall; anent the bischopis supplicatioun for the consistoriall jurisdictioun; commissioun for ordoure taking anent the taxatioun; anent the ordoure betuix the merchandis and marrinaris for pilleit guidis; ratificatioun of the chaiplanreis to burrowis; article of the burgh of Carraill; article of the burrowis in generall for musik; supplicatioun of the citeis of Santandrois, Glasgo and Abirdene anent the commissare; supplicatioun of the burgh of Rosmarkne; anent the briggis of Leyth and Crawmunt and utheris briggis; anent the visitatioun of oure soverane lordis register; anent the first fruittis of benefices; tuiching the questioun betuix Alexander Stewart, captane of Blaknes, and Williame Hamiltoun; supplicationis of David Murray, brother to the Laird of Balvaird, and Johnne Dischintoun; anent the articlis presentit for ordering of the west bordour; anent the registratioun of hornyngis, in quhat maner writtis and evidentis salbe maid autentik for policie in Edinburgh; anent prescriptioun of annuelrentis; supplicatioun of the burgh of Edinburgh and remanent burrowis anent unfremen; supplicatioun of the toun of Quichderne; supplicatioun of the burgh of Annand and pairteis opponand aganis the same; supplicatioun of the goldsmythis; anent the subscriptioun of cheptouris; anent escheittis gevin in defraud of creditouris; anent hydis and schone; anent mesouris and wechtis; supplicatioun of the toun of Drumfreis. Thairfoir oure soverane lord, with advise of his thre estatis, gevis [and] grantis full power, commissioun and authoritie of parliament to the lordis of artiklis underwrittin, videlicet, James Stewart, erle of Arrane, Johnne, erle of Montrois, Andro, erle of Rothes, Patrik, lord Lindsay, James, lord Ogilvie, Johnne, lord Hereis, Patrik, archebischop of Santandrois, Adam, bischop of Orknay, Alexander, bischop of Brichen, Mark, commendatoure of Newbotill, Leonard, commendatoure of Couper, Alexander, commendatoure of Culros, the commissionaris of the burrowis of Edinburgh, Perth, Dunde, Striviling, Glasgow and Santandrois, or onie thrie of thame for everie estate, with oure soverane lordis officiaris of the estate underwrittin, that is to say: the lord greit chamberlane, the chanceller, thesaurair, secretair, comptroller, justice clerk, clerk of register, and advocate, quhilkis sall visite and considder all the saidis articles quhairupoun actis ar not yit maid, or sic of thame as they think maist neidfull, or requiris gritest haist and expeditioun, outher of the weill of the kingis majestie, the kirk or commone weill, and to treat, consult and deliberat upoun sic actis and lawis as they think maist reasonabill to pas thairupoun; quhilkis being put in forme of actis and subscrivit be the saidis commissioneris, at leist be thre of everie estate, with samonie of the ordiner officiaris and of the sessioun as sall assist thame and be present for the tyme, and thairefter deliverit to the clerk of register and dewlie publischit, according to the ordoure of uthir actis of parliament, quhairthrow the same probablie may cum to the knawlege of the haill subjectis, they, and everie ane of thame, within fourtie dayis eftir the said publicatioun, sall have the strenth and force of lawis maid in his hines full parliament, sittand quhill the end of his hines nixt parliament, and further, without they be specialie and expreslie annullit and dischargeit.
[1581/10/29]*[print] [email] [cite] [preceding] [following]
†The kingis majestie and his thre estatis, considering how hurtfull and prejudiciall the lait silver cunye (having cours upoun sa hicht price) is and hes bene to the commone weill of this realme, the same being occasioun of greit derth and of mone uthir inconvenientis, and now willing to have the same reducit to ane lawer price without lois of his hines subjectis, or yit to the pertineris and takismen underwrittin, quhilk thai find can not be done gif the contract maid anent the same cunye be sufferit to have further effect and execusioun, thairfoir his majestie, with advise of the saidis estatis and of the saidis takismen and pertineris, they ar to say: Alexander Clerk of Balbirne, provest of Edinburgh, Williame Naper of Wrichtis Housis, Nicholl Edward, Harie Nisbet, Richart Abircrumby, Robert Abircrumby and Thomas Acheson, upoun consideratioun had be the ordoure following that they salbe na loissaris, decernis and declaris be act of this present parliament the said contract to be null and of nane availl, force nor effect in all tyme cuming, and ordanis the saidis takismen, pertineris, cunyeouris and utheris officiaris to desist and ceis from all striking and cunyeing of onie further of the said cunye in onie tyme heirefter; and declaris be the said act that the saidis takismen and pertineris, and all utheris at thair command, hes done nathing in the said mater of the lait cunye preceding the dait heirof bot according to the will and mynd of his majestie and his saidis estatis, quhilk they ratifie and appreve, insafar as they have conforme to the said contract ay standand in effect quhill now, exonerand thame thairof for now and ever, they being alwayis comptabill and answerabill for onie thing done be thame in the said cunye contrarious to the effect and meaning of the same contract conforme to the tenour thairof. Attoure, his majestie be the same act, with advise of the saidis estatis, revoikis, cassis and annullis for ever all assignationis for payment of sowmes of money maid be his hines upoun the saidis takismen and pertineris to onie persone or personis, and dischargeis the lordis of secreit counsell and sessioun to direct onie letteris or charges upoun or aganis thame, or onie of thame; and gif they do, declaris the same be thir presentis to be of nane availl, force nor effect, notwithstanding onie decreittis gevin or to be gevin, quhilk his majestie, with advise of the saidis estatis, discharges simpliciter, ordaning thame to have na further force nor effect nor execusioun in tyme cuming. And further, with advise of the saidis estatis and consent alsua of the saidis takismen and pertineris, statutis and ordanis that the said lait cunye, extending to twa hundret ellevin stane and ten pund wycht of silver salbe reducit and brocht in agane be thame, to be cunyeit of new be his hines maister cunyeoure betuix and the ellevint day of marche nixtocum in ten schilling peceis of ellevin penny fyne, contenand foure in the unce, in this forme, that is to say, havand on the ane syde the portratour of his majesteis body, armit, with ane croun upoun his heid and ane suord in his hand with this circumscriptioun: 'Jacobus VI Dei Gratia Rex Scotorum', and on the uthir syde his hines armes in ane scheild, with ane croun, abone the same scheild, with the dait of the yeir upoun ane of the sydis, with this circumscriptioun: 'Honor regis judicium diligit'; for inbringing and reductioun of quhilk money, the saidis takismen and pertineris hes presentlie nominatit and appoyntit Williame Naper and Thomas Acheson, quhilkis sall remane at Edinburgh to ressave all the said cunye, to number and quantite foirsaid, fra his hines subjectis and delyver thame uthir money thairfoir upoun the same prices that they wer gevin out for, betuix and the said ellevint day of Marche, unto the quhilk day they salhave cours allanerlie; and being ressavit, sall bring and delyver thame to his hines maistir cunyeoure, quha sall cunye thame of new in forme and maner abone mentionat and thairefter delyver bayth stock and profite agane in full recompence of thair expense, chargeis and travellis ellis sustenit be the said cunye to sic as salbe appoyntit in their names to ressave the same; and the maister cunyeour present and to cum sall find the saidis takismen and pertineris sufficient cawtioun and souertie actit in the buikis of counsell for randering unto thame the stok and profite of sic sowmes and which as they sall delyver unto him to the effect foirsaid, unto the quhilk tyme the saidis takismen and pertineris sall not be astrictit to delyver onie silver unto the said maister cunyeour, deduceand alwayis the feis and dewteis of the werkmen and utheris ordiner officiaris of the cunye hous usit and wont for their panis and lawboris. And becaus the said reductioun can not weill tak effect without sum stock to mak the exchange, the saidis takismen and pertineris thairfoir sall have libertie, like as his majestie, with advise of the saidis estatis, be thir presentis grantis thame licence and libertie to strik and caus be strickin and cunyeit twentie stane wycht of silver mair nor is ellis cunyeit in the money new devysit, quhilk salbe delyverit to thame agane efter the same be past in irnis in maner foirsaid, without deductioun of onie profite or uthir dewtie thairfor, except the feis and dewteis of the saidis werkmen and officiaris usit and wont. Attoure, oure soverane lord, with advise of his saidis thre estatis, gevis and grantis full fredome, licence and libertie to his hines maister cunyeoure to brek doun the present current money within this realme of xj d. fyne, makand his hines dew compt and rekning of the profite thairof as appertenis; for the quhilk, the said maister cunyeour nor utheris the officiaris of his hines cunye hous sall incur na skaith nor danger in thair personis, landis or guidis, notwithstanding onie actis, lawis or constitutionis maid in the contrair anent the quhilkis his hines, with advise of his saidis estatis, dispense.
[1581/10/30]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advise of his thre estatis and haill body of this present parliament, ratifeis and apprevis the actis maid be his hines nobill progenitouris anent the inbringing of bulyeoun, with this additioun: that everie custumer and clerk of cokquet in time cuming sall tak sic suirtie or plageis as he will anser for that bulyeoun equivalent to the guidis transportit salbe delyverit to the maister of oure soverane lordis cunye hous betuix and the nixt chekker thairefter following, and at that hering of the custumeris comptis, that he be comptrollit upoun the quantitie of the bulyeoun deliverit into the cunye hous according to the letteris of resait of the maister cunyeour, and quhat restis abone that, the said custumar be answerabill thairfoir; providing that in cais onie of the guidis custumat happinnis to pereis be chance or to be takin away per maiorem vim; the lordis auditouris of the cheker, being certifeit and perswadit of the treuth thairof, sall grant defalcatioun of the quantitie of the bulyeoun at thair discretioun; and for everie unce delyverit to the maister cunyeoure of uttir fyne silver, he sall pay to the marchand fourtie schillingis and mak compte of the profite thairof in cunyeit money to oure soverane lordis use.
[1581/10/31]*[print] [email] [cite] [preceding] [following]
Forsamekill as oure soverane lordis custumes ar ane of the pairtis of the patrimonie of his croun and sindrie guid and profitabill actis hes been maid, namelie, aganis thame havand guidis oute of the realme uncustumat, and how the custume sall remane with the king for his leving, quhilkis actis and all uthir actis maid toward his majesteis custumes foirsaidis, his hines, with advise of his estatis, ratifeis and apprevis and ordanis the same to have full effect and executioun in tyme cuming, with this additioun: that ane table be deliverit to all custumaris for uptaking and inbringing of oure soverane lordis custumes, ordaning that everie sek of woll sall contene bot twentie foure stanis, everie hundret skynnis, sex scoir, and everie dosand of clayth, twelf ellis allanerlie.
[1581/10/32]*[print] [email] [cite] [preceding] [following]
†Anent the supplicatioun gevin in to oure soverane and lordis of artickles of this present parliament be the nobilmen and utheris his trew and faithfull subjectis that servit in the defence of his hines authoritie and croun during the lait civile trubles within this realme in the tyme of his majesteis young age, makand mentioun that quhair they being oftymes employit be his umquhile regentis for the tyme in the execusioun of divers commissionis aganis sindre of his hines unnaturall subjectis, rebellis and withstanderis of his authoritie, quha at that tyme assistit and tuke plane pairt with the declarit tratouris, rebellis and enemies of his majesteis croun, with power alsua to asseige houses and rais fyre, for the bettir repressing of thame, the saidis noblemen and utheris his majesteis trew and faythfull subjectis, for dischargeing of thair dewtie in execusioun of the saidis commissionis, with thair freyndis, assistaris and servandis, searchit and socht the saidis rebellis and dissobedient subjectis, quha, placing thame selffis in houses in sindrie pairtis of this realme and keping and fortifeing the same aganis his majestie and his authoritie, they wer forcit to rais fyre and use all uther meanis of hostilitie for recoverie of the same. Quhairfoir his majestie, with advise of his thre estatis of this present parliament, decernis and declaris that all thingis done be the saidis noblemen and utheris his hines faithfull subjectis within the tyme of the saidis civile trubillis, for executioun of the saidis commissionis aganis quhatsumever personis, his hines rebellis, tratouris and dissobedient subjectis for the tyme, thair servandis, freyndis, assistaris and pairttakerris, wes lawchfullie, weill and dewtifullie done be thame and that thairintill thai have committit na crime nor offence, bot obeyit his hines and regentis commandementis, exonerand and dischargeand thame of all actioun, crime or offence that onie pairtie may persew or move aganis thame thairanent at onie tyme heirefter.
[1581/10/33]*[print] [email] [cite] [preceding] [following]
†Forsamekill as be the lovabill lawes and actis of parliament maid of befoir sic speciale respect is had to the lawboring of the ground in dew seasoun as the oxin and cattell occupyit in the pleuch ar forbiddin to be poyndit for onie maner of dett during the tyme of the tylth, yit sindrie wikit personis, movit in dispyte aganis thair nychbouris, ceissis not commonlie in thair private revenge to hoch and slay oxin and horses in the pleuch, byre and uthirwayis, and to hund out bair men and vagaboundis to the attempting of sic foull and schamefull enormiteis, safar prejudiciall to the commone weill and aganis all guid exempill; for stancheing quhairof in tyme cuming, and to the terrour alsweill of the committaris of sic foull and schamefull oppressionis as of the causaris, fortifieris and ressettaris of the committaris thairof, it is statute and ordanit be oure soverane lord, with the advise of the thre estatis of this present parliament, that all sic slayeris and hocheris of horsis and oxin, or uthir cattell in tyme cuming, salbe estimit and punesit as theiffis, and all persounis that salhappin to ressett, supplie and mantene the authoris of sic oppressioun in companie or houshald efter the committing thairof salbe estimit and puneist as resetteris and maneteneris of theiffis, and bayth the committaris of the said unworthie and schamefull oppressioun and the ressettaris, suppliaris and manteneris of thame, being dewlie callit and convict, thairfoir to incur the pane of deith and confiscatioun of all guidis moveabill.
[1581/10/34]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and thre estatis of this present parliament ratefeis and apprevis all actis maid be his hines and his maist noble progenitouris anent the distructioun of cruvis and yaris, slauchter of reid fische, smoltis and the fry of all fisches, and ordanis the samyn to have effect and executioun in tyme cuming; and becaus it is understand to his hines and his saidis thre estatis that albeit panes and travellis wes tane to cast done and distroy the saidis cruvis and yaris, yit, in default of the execusioun of the panis contenit in the saidis actis upoun the contravenaris thairof, the saidis cruvis and yaris ar not haldin doun, nor onie uthir thing in effect (appointit to be done in the saidis actis) put in executioun throw the defalt and negligence of the ordinar officiaris, to quhome the executioun thairof wes committit. Thairfoir oure soverane lord, with advise of his saidis thre estatis, hes maid, constitute and ordanit and, be the tenoure of this present act, makis, constitutis and ordanis the personis efter specifeit within the boundis particularlie followand his hines justices in that pairt to the effect underwrittin, they ar to say: George, erle of Cathnes, for the boundis of Cathnes and Strathnaver; Alexander, erl of Sutherland, for the boundis of Sutherland and all ryveris thairin; the said Erl of Sutherland, George Ros, apperand of Balnagowne, and Robert Monro of Fowlis, conjunctle and severalie, for the watter of Killosochell; the said Robert Monro of Fowlis, baille and chalmerlane of Ros, for the watter of Conan; James, erle of Arran, and his deputis, for the watter of Ferrar; the schiref of Innernes and his deputis and the provest and bailleis of Innernes, for the watter of Nes; the schiref of Narne and his deputis and the provest and bailleis of Narne, for the wattir of Narne; the schiref of Elgyne and Forres and his deputis, and the bailleis of the erledome of Murray and of the abbay of Kinlos and priorie of Pluscarden, and the provestis and bailleis of the burrowis of Elgyn and Fores, for the watterris of Spey, Fyndorne and Lossy; the schiref of Banff and his deputis and the provest and bailleis of the burgh of Banff, for the watter of Doverne; the Lird of Essilmunt, for the watter of Ythan; the Erle of Marchell, for the wattir of Ugy; the schiref of Abirdene and his deputis and the provest and bailleis of Abirdene, for the watterris of Dee and Done; the schiref of Kincardin and his deputis, for the watteris of Cowy and Berwy; the Erle of Montrois and the provest and bailleis of Montrois, for the watteris of Northesk and Southesk; the schireffis of Perth and Foirfair, steward of Stratherne and thair deputis, and provestis and bailleis of Perth and Dunde, for the watteris of Tay and Earne and thair granis; the schireff of Fyffe and his deputis, for the south syde of Tay lyand within the schireffdome of Fyff, and for the watter of Levin; the provest and bailleis of Cowper, for the wattir of Eden; the stewart of Menteith and his deputis, for the heiddis of the wattir of Teith and Forth; the schiref of Striviling and his deputis, and provest and bailleis of Striviling, for the remanent of the watteris of Forth, Teith, Gudie, Carroun, Alloun and Dovane and thair granis; the schiref of Linlithgow and his deputis, and the provest and bailleis of Linlithgow, for the watter of Avane and southsyde of Forth within the boundis of that schireffdome; the schireff of Edinburgh principale and his deputis, and the provest and bailleis of Edinburgh, for the watteris of Awmont, Leith, North and Southesk; the schiref of Edinburgh within the constabularie of Hadingtoun, for the watteris of Tyne and Beill; the schiref of Drumfreis and his deputis, the Erle of Mortoun, wardane of the west marchis and his deputis, and the provest and bailleis of Drumfreis, Kirkcudbrycht and Annand, for the watteris of Annand, Nyth, de Cre and Luce; the baillie of Carrik and his deputis, for the watteris of Stincher and Gervane; the schiref of Air and his deputis, and the provest and bailleis of Air, for the watteris of Dune and Air; the baille of Cunningame and his deputis, and the provest and baillies of Irving, for the watteris of Irving and Carnok; the schireffis of Lenerk, Renfrew and thair deputis and the provest and bailleis of Glasgow, Renfrew and Lanerk, for the watter of Clyd and granis thairof; the schireff of Dunbartane and his deputis, and bailleis of the burgh of Dunbartane, for the watteris of Levin and Ainrik; the schiref of Ergyle and Tarbart, and his deputis, for the boundis of the said schirefdome and Lorne to the marche of the schirefdome of Innernes; and the said schireff of Innernes and his deputis for all the boundis of the said schireffdome on the northwest coist fra the marche of the schirefdome of Ergyle to Strathnaver; gevand, grantand and committand to the saidis justices in that pairt, conjunclie and severalie, within the boundis particularlie abone writtin, full power, speciall command, expres bidding and charge to inquire and tak up dittay of all persounis, contraveneris of the saidis actis of parliament, within the boundis particularlie abonewrittin, alsweill the principall offendaris as thair maisteris, landis lordis and resettaris, and to call thame to underly the law thairfoir in the tolbuyth of the heid burgh of everie schire, or uthir place convenient at the discretioun of the saidis justices, and put thame to the knawlege of ane assyse as they be fundin culpabill or innocent, to minister justice upoun thame conform to the lawes of this realme, the panes contenit the saidis actis to rais and uplift and of the samyn to mak compt, reknyng and payment to oure soverane lord and his hines thesaurair in his chekker. And to the effect that the executioun of the saidis actis sall not be neglectit as in tymes bypast, ordanis twa ordiner justice courtis to be haldin yeirlie, the ane the first day of Februar, and the uthir at the first day of [...], or the nixt lawchfull dayis thairefter following, besyde uthir cowrtis to be haldin at uthir dayis quhen occasioun servis at the discretioun of the saidis justices. And in cais the saidis justices, or onie of thame, failye in doing thair exac diligence for executioun of this present commissioun at twa tymes everie yeir as saidis, being callit and convic thairfoir befoir oure soverane lordis justice principall or his deputis at the instance of hines advocat, everie ane of thame sall incur the pane of twa hundret pundis, to be upliftit of thame be his hines thesaurair to his majesteis use. Be it alwayis understand that this present act nor nathing thairin contenit salbe prejudiciall to his hines subjectis, being dewlie infeft and in possessioun of halding of cruvis, lynis or loupis within fresche watteris, bot that they may use, jois, bruik and occupy the same in tyme cuming according to thair richtis, kepand the Setterdayis slop and sic distance betuix everie hek as the actis of parliament appoyntis; and in cais they failye thairin, to be accusabill and suffer punischment as the remanent transgressouris of the saidis actis.
[1581/10/35]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and his thre estatis in this present parliament, having considerit the monie grevous oppressionis and cruelteis quhairinto his peceabill and guid subjectis ar subject, findis nathing mair intollerabill nor the deidlie feidis borne be the clannis of theiffis, brokin men and soirnairis upoun trew men for the slauchter, taking, hurting of the saidis theiffis, brokin men and soirnaris, taking and bringing thame to justice, or in the defence and redding of trew mennis guidis stowin and reft fra thame, and how the saidis clannis of theifis for the maist pairt ar companeis of wikit men, coupled in fellowschippis be occasioun of thair surnames, or neir duellingis togidder, or throw keping societie in thift or reset of thift not subjectit to the ordiner cours of justice, nor to onie ane landislord that will mak thame answerabill to the lawes, bot commonlie duelland upoun sindrie mennis landis aganis the guid will of thair landislordis, quhairthrow trew men oppressit be thame can have na remeid at the handis of thair maisteris, bot for thair defence ar oftymes constranit to seik redres of thair skaithis of the haill clan or sic of thame as thei happin to apprehend, like as the haill clan commonlie beris feid for the† resavit be onie member thairof, quhether be executioun of lawes, be ordoure of justice or uthirwayis; it is thairfoir declarit, statute and ordanit be oure soverane lord, with advise of his thre estatis and haill body of this present parliament, that it salbe lesum to all his obedient and gude subjectis sall resave onie harme or skaith throw stouth or maisterfull reif of thair guidis to be committit efter the dait heirof be onie of the saidis notorious theiffis, brokin men or soirnairis of the saidis clannis of theiffis in time cuming, to apprehend, slay and arreist the bodeis and guidis of the personis offending aganis thame or onie utheris being of the same clan, thair servandis, dependaris or pairtakeris quhairever they sall find thame in onie partis of this realme ay and quhill the principallis, or utheris of thair said clan, causis the saidis harmes and skaythis be redressit to the satisfactioun of the sustenaris thairof, or at the leist find sufficient souertie to that effect, to the contentment of the persoun that hes sustenit the skayth in cais it salbe found be ordoure and tryell, according to justice, that the offendar and deid doar wes onie wayis resset, suppleit and mantenit amangis the said clan efter the offence committit.
[1581/10/36]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun presentit be oure soverane lord and thre estatis of this present parliament be the puir pepill of this his hines realme, makand mentioun that quhair his majesteis maist nobill progenitouris of worthie memorie, upoun ane godlie zeale, quhilk thai and the baronis and utheris of this realme, thair guid subjectis, hes borne to the releif of the aiged and decayit honest folkis, foundit and erectit certane hospittallis, masoundewis, almoushousis and beidhousis, to the glorie of almychtie God and releif of the pure, and hes continuallie mantenit the samyn till of lait dayis that the present possessouris of sindrie benefices, under cullour of reformatioun of the religioun, hes appropriat the haill levingis of the saidis hospitallis, masondewis, almoushousis and beidhousis to thair awin uses and thair airis, or hes sauld the landis and rentis thairof for greit sowmes of money to utheris in fewfirme, and further hes dimolischit the Godlie housis that wes appoyntit for ressaving and ludgeing of the pure and applyit the samyn to thair awin particular uses, mynding that never sic thing salbe in tyme cuming, to the greit offence of almychte God, the defraud of oure soverane lord and his posteritie, kingis of this realme, and thair subjectis, the foundatouris, and to the extreme undoing of greit numberis of the puir pepill to, wer and aucht to be sustenit thairby, gif his hines foirsie not the samin and put not timous remeid thairto, ane deid assuritlie that in na pairt of Christindome, ye, not amangis the verie Turkis, wald be sufferit; and albeit his majestie, with advise of his estatis in parliament, appointit the chanceller and certane utheris to considder the foundationis of the saidis hospitallis, masondewis, almoushousis and beidhousis, and ordanit the same be act of parliament to be reformit according to the godlie institutionis and erectionis of thame, yit is thair nathing done thairin, quhowbeit the exceding numberis of the puir that daylie incressis in this land cryis unto almychtie God for reformatioun thairof and maist humlie seikis the same of hienes, to quhome God hes onlie gevin the power; quhairfoir oure soverane lord and thre estatis of this present parliament hes gevin and grantit, like as thai be the tenoure heirof, gevis and grantis power and commissioun to Coline, erle of Ergyle, Lord Campbell and Lorne, chancellair, Williame, erle of Gowrie, lord Ruthven, thesaurair, Johnne, lord Hereis, Robert, commendatoure of Dunfermling, Mark, commendatour of Newbottill, Alexander, commendatour of Culross, Maister Robert Crechtoun of Eliok, his hines advocat, Alexander Hay, clerk of register, and Alexander Clerk, provest of Edinburgh, or onie thre of thame conjunclie, to convene thame selffis and sit in the tolbuyth of Edinburgh quhatsumever day or dayis, alsweill efter none as befoir, for taking cognitioun in the said mater ay and quhill the saidis hospitallis, masondewis, almoushousis and beidhousis within this realme be brocht, reponit and reducit in and to the ordoure and estait of thair first fundationis according to the mynd and intentioun of their godlie foundatoris safar as may stand aggreabill with the lawes of this realme and Christiane religioun presentlie professit within the same; and to that effect that oure soverane lordis letteris be directit upoun the warrandis and delyverance of the saidis commissioneris, or onie thre of thame, chargeing the havaris and keparis of the erectionis and fundationis of the saidis hospitallis, masondewis, almoushousis and beidhousis, or of quhatsumever landis, teyndis, rentis or uther possessionis gevin and dotat for releif and sustentatioun of the puir, alsweill within burgh as without, and of all chaiplanreis, prebendareis, annuellis, freir or nunnis landis disponit to burrowis to the effect foirsaid, fewaris, rentalaris, takismen and intrometteris thairwith, to produce the saidis fundationis, richtes and tytles, outher fewes or takis quhairby thai brouk or pretendis richt to onie pairt of the leving and patrimonie of the saidis hospitallis, masondeweis, almoushousis and beidhousis, befoir the saidis lordis commissioneris at sic dayis as they pleis assigne, to be sene and considerit be thame to the effect foirsaid, under the pane of rebellioun and putting of thame to oure soveranes horne; with certificatioun and thei failye, letteris wilbe directit to put thame to the horne, or ellis to reduce for null productioun; and in cais of failye and null productioun of the saidis erectionis and utheris writtis and rychtis abone writtin at the dayis to be appoyntit thairto to proceid and direct further chargeis, and pute† the dissobeyaris or to reduce the pretendit richtes and tytillis quhatsumever as thai sall find caus worthie; and als to direct letteris to arreist and sequestrat the maillis, fermes, profittis and dewteis of the saidis landis, teyndis and uthir possessionis pertening to the saidis hospitallis, or onie thing gevin and dotat for sustentatioun of the puir, to remane in the handis of the tenentis and possessouris quhill the said reformatioun be maid and perfitit, then to be gevin to the pure and helping to reedifie the housis biggit to that effect be oure soveranes maist noble progenitouris and thair subjectis of guid zeale, upoun cawtioun alwayis to be found be the saidis tenentis and possessouris that the saidis maillis, fermes, profittis and dewteis salbe furthcumand to the effectes abonewrittin; and als with power to the saidis juges, the foirsaidis erectionis, infeftmentis and richtis being producit befoir thame to try the quantie of thair rentis, ordoure of fundatioun and estait quhairin the rentis and housis thairof presentlie ar; and quhairin they find the yeirlie rentis of the saidis hospitallis diminischit or onie pairt or portioun of thair levingis or bigingis appropriat and applyit to particular mennis uses, contrair the tenoure of thair first fundationis and godlie intentioun of thair fundatouris, be partis, infeftmentis, takis or uthir speciall richtis, to reduce the samyn as the saidis commissioneris sal find caus worthie and geve furth thair decreit reductive thairupoun, decerning all the saidis richtes gevin and sett in prejudice of the first fundationis as said is null and of nane availl, force nor effect in all tyme cuming, and to returne and be appropriat to the saidis almoushousis, hospitallis, masondewis and beidhousis and sustentatioun of the puir being thairin in all tymes heirefter, according to the tenoure of thair erectionis, siclike and in the samyn maner as gif the saidis new dispositionis of the patrimonie thairof had never bene maid nor grantit; quhilk decreittis the kingis majestie, with advise of the saidis thre estatis, declaris salbe of als greit force and effect, and siclike executioun to pas and follow thairon as gif the samyn had bene gevin and grantit befoir the haill lordis of counsaill and sessioun sittand in full number, provyding alwayis that all pairteis lawfull defens be first hard and discussit as the saidis commissioneris will answer to oure soverane lord upoun the executioun of thair office, gevand thame power in like maner to creat clarkis and utheris officiaris and memberis of cowrt requisite and to ressave thair aithis to that effect, for quhome they salbe haldin to anser, witnessis to caus be summondit, suorne and examinat and to call for the productioun of onie writtis, evidentis or registeris that may further the knawlege of the trewth of the said mater; and siclyke to direct onie ane of thair number, or ma, for visitatioun of the saidis hospitallis, masondewes, almoushousis and beidhousis, gif the same beis found requisite be thame for thair bettir informatioun, and generalie to do and use all uthir thingis that to the execusioun of this present commissioun is necessarlie requirit. And all the saidis commissioneris, being personalie present, acceptit the said commissioun in and upoun thame and maid fayth for dew and faythfull administratioun thairintill.
[1581/10/37]*[print] [email] [cite] [preceding] [following]
†The kingis majestie and estatis of this present parliament, considering the greit abuse standing amang his subjectis of the meane estate, presuming to conterfait his hines and his nobilitie in the use and wearing of coistlie cleithing of silkis of all sortis, layne, cameraige, freinyeis and pasmentis of gold, silver and silk, and wollin clayth, maid and brocht from uthir foryne cuntreis, quhairthrow the pryces of the same is groun to sic exorbitant derth as it is not abill to be langer sustenit without greit skayth and inconvenient of the commone weill, quhowbeit God hes grantit to this realme sufficient commoditeis for cleithing of the inhabitantis thairof within the self gif the pepill wer verteouslie employit in working of the same at hame, quhairby greit numberis of pure folkis, now wandering in beging, mycht be releiffit, alsweil to the honestie and welth of the cuntrie; for remeid quhairof, it is statute and ordanit be oure soverane lord, with advise of his estatis and haill body of this present parliament, that nane of his hines subjectis, man nor woman, being under the degreis of duikis, erlis, lordis of parliament, knichtis or landit gentilmen that hes or may spend of fre yeirlie rent twa thowsand markis or fiftie chalderis victuall at leist, or thair wyffis, sonnis or dochteris, sall, eftir the first day of Maii nixtocum, use or weir in thair cleithing or apparrell, or lyning thairof, onie clayth of gold or silver, welvet, satyne, damas, taffateis or onie begareis, freinyeis, pasmentis, or broderie of gold, silver or silk, nor yit layne, cameraige or wollin clayth maid and brocht from onie foryne cuntreis under the pane of ane hundreth pundis of everie gentilman landit, ane hundret markis of everie gentilman unlandit, and fourtie pundis of everie yeman man for everie day that his wyff, sone or dochter trangressis this present act, the ane half to the use of oure soverane lord or lord of the regalitie within quhais boundis the transgressouris ar apprehendit, and the uthir half to the schireffis, stewartis and bailleis within thair jurisdictionis, provestis, aldermen and bailleis within burrowis and ceteis and to the stewartis and bailleis within regaliteis for thair panis, quhilkis ordinar juges, be thame selffis, thair deputis and officiaris, salhave power to atteiche and arreist the personis transgressouris of the said act and to put thame in waird quhill they be tryet upoun the said transgressioun be ane assise, quhilk salbe done within the space of thre dayis efter thair apprehensioun at the farthest; and, being found culpable, to hald thame in waird quhill thai have pait the said pane and found souertie to abstene in tyme cuming under doubling of the pane; exceptand alwayis the officiaris and servandis of oure soverane lordis houshald contenit in the roll thairof, the officiaris of his estate, senatouris to the college of justice, advocattis and scribis thairof, schireffis, stewartis and bailleis, the provest, bailleis and personis being or that hes bene on the counsell of burrowis and juges in regaliteis, heraldis and maseris, quhilkis sall not be subject to the panes of this present act for wering and useing of sic apparrell as thei have or salhappin to have in tyme cuming, aither in the tyme that thai beir office and ar counsalouris, or thaireftir during thair lifetymes; nether sall onie of his hines leiges be subject to the saidis panis for useing and wering of onie thair claithing alreadie maid befoir the publicatioun of this present act, nor to onie servandis for useing and weiring of the auld cleithing of thair maisteris or maistressis, nor to onie wemen for useing and weiring of sic apparrell upoun thair heidis as thai have bene accustumat to weir in tyme bigane. And to the effect that all his hines subjectis prohibite be this present act to weir the said coistlie cleithing may the better be servit of clayth and uthir stuff wrocht within this realme, to thair sufficient cleithing in thair degreis, as alswa that the puir pepill may be the bettir haldin in werk through the laboring of the woll of this cuntrie within the same, thairfoir it is statute and ordanit be oure soverane lord, with advise of his saidis estatis, that na maner of woll be transportit or put in schippis or boittis to be transportit furth of this realme in tyme cuming under the pane of confiscatioun of the same woll and of all the remanent guidis moveabill of the personis, awneris and transportaris thairof, to oure soverane lordis use; and that na licence or dispensatioun salbe grantit be oure soverane lord or his successouris to quhatsumever persone or personis for transporting of woll furth of this realme efter the said first day of Maii nixtocum, under quhatsumever cullur or pretense, and that alsweill the purchessaris of the said dispensationis or licences (gif the samyn salhappin throw inopportunitie or wrang narrative to be grantit) as their informaris, byaris of the licences from the purchessaris, usares thairof and transportaris of the woll in thair schippis and vessellis, sall incur the saidis panes, as gif na sic licences had bene grantit; quhilkis salbe estimit, bot as private letteris, surrepticiouslie purchest, quhairever thai salhappin to be schawin in jugement, or outwith, quhairthrow the trew effect and meaning of this present act sall na wayis be hinderit or prejudget.
[1581/10/38]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and his thre estatis convenit in this present parliament, understanding the greit exces and superfluitie usit in brydellis and utheris banquettis amang the meane subjectis of this realme, alsweill within burgh as to landwert, to the inordinat consumptioun not onlie of sic stuff as growis within the realme, bot alswa of droggis, confectouris and spiceis brocht from the pairtes beyond sey and sauld at deir pryces to monie folk that ar verie unabill to sustene that coist; for stanching of the quhilk abuse and disorder, it is statute and ordanit be oure soverane, with advise of his saidis thre estatis, that na maner of personis, his subjectis, being under the degree of prelatis, erlis, lordis, baronis, landit gentilmen or utheris that† worth and may spend in yeirlie fre rent twa thousand markis money or fiftie chalderris victuale, all chargeis deducit, sall presume to have at thair brydellis or uthir banquettis, or at thair tabillis in dalie cheir, onie droggis or confectouris brocht from the pairtis beyound sey, and that na banquettis salbe at onie upsittingis eftir babtizing of bairnis in time cuming, under the pane of twentie pund to be payit be everie persone doar in the contrair, alsweill of the maister of the hous quhair the effect of this act is contravenit, as of all uthir personis that salbe fund or tryit partakeris of sic superfluus banquetting and escheting of the droggis and confectouris apprehendit, for quhilk the provest and bailleis within burgh and the schireffis, stewartis, bailleis, lordis of regaliteis and thair bailleis to landwert sall appoint seircheouris, to quhilkis seircheouris oppin durris salbe maid of quhatsumever hous thai cum to serche, under the panis to be estemit culpable in the transgression of this act gif they refuis; and the offendaris being apprehendit, to be takin and haldin in waird quhill thei have pait the saidis pecuniall panes, to be employit the ane half to the behuif of the ordinar officiaris and sercheouris, and the uthir half to the puir of the perrochin.
[1581/10/39]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and thre estatis of this present parliament ratifeis, apprevis and confirmis the act of parliament under writtin in all pointis, passis, clausis and articles contenit thairintill, and ordanis the samin to have full strenth, force and effect, and alswa decernis and declaris the samin act to have bene ane commone law fra the day and dait thairof and swa to be in all tymes cuming; and that na judge within this realme tak upoun hand to cognosce or decyde in onie caus contrair the tenoure and ordinance of the said act, or to wry or wrist the samyn be thair ingyne or interpretatioun, bot the samin act to be keipit in all the circumstances thairof according to the tenoure of the samin, of the quhilk the tenoure followis:
In the parliament haldin at Edinburgh, the tent day of Julei, the yeir of God jM d lx yeris, the said parliament being continuit to the first day of August nixt thaireftir following, with continuatioun of dayis, upoun the xxiiij day of the said moneth of August, the thre estatis then being present, understanding that the leges and subjectis of this realme havand actionis dependand and persewit in the court of Rome, or in the consistoreis of the samyn, hes sustenit greit expensis, sa that they have bene alluterlie hereit thairthrow; for eschewing of the quhilk, and that na pairty havand just actioun be defraudit thairof, it is statute and ordanit that all pairteis, alsweill persewaris as defendaris, havand pleis dependand in the saidis court of Rome, or consistoreis, or befoir uthir judges callit delegatis or subdelegatis, sall persew and defend the same at thair optioun befoir the lordis of oure soveranis sessioun, the schiref, stewart or baillie of regalite, baille of barony, provest or baillies of burrowis, or uthir temporall judges ordinaris within this realme, quhair the pairte persewar auch to anser of the law, and the saidis processis to begin quhair thai left, according to the last act of the proces and eftir the forme thairof, quhill the finall end and decisioun of the samyn; and the sentence being gevin, the executioun to be maid thairof as of uthir sentences pronuncit befoir uthir temporall judges of this realme. And attoure, becaus it is likwayis understand that thair is appellationis maid and interponit fra diverse sentences gevin in the foirsaidis consistoreis and als fra sentences fra judges, delegatis and thair subdelegattis, quhilkis appellationis, being justifeit, may reduce the saidis sentences, thairfoir it is statute and ordanit that the pairteis quha hes appeillit gif in thair supplicationis to the lordis of oure soveranes sessioun to have letteris to call the pairte for quhome the sentence is gevin to compeir befoir the saidis lordis, to heir and see twa, thre or four namit be commissioun to sit in the maist convenient place, to cognosce upoun the said appellatioun and sentence, and to declair the samin according to the law, outher retreitand the sentence or confirmand the samen, providing that the persewaris of thir appellationis do thair diligence in maner foirsaid within the terme and space specifeit in the lawes, uthirwayis not to be hard heirefter, bot executioun to be gevin upoun the saidis sentences siclike as and the pairte had not appeillit thairfra. And in likewayis becaus it wes lawfull at sumtime be way of supplicatioun callit per modum simplicis querele for to seik remeid of the nullitie and iniquitie of sentences, albeit na appellatioun had bene maid and interponit thairfra, thairfoir it is ordanit that the saidis supplicationis salbe gevin in be the complenaris to the saidis lordis of the sessioun, quha sall have cognitioun thairintill and do justice thairanent conforme to the law, providing alwayis that this have place onlie in sic causis as of befoir wer permittit to persew per modum simplicis querele allanerlie.
[1581/10/40]*[print] [email] [cite] [preceding] [following]
†Forsamekill as of lait thair is croppin in amangis sum noblemen, prelatis, baronis and gentilmen in certane pairtis of this realme, being of guid levingis, greit abuse contrair the honoure of the realme and different from the honest frugalitie of thair foirbearis, passing to burrowis, townnis, clauchannis and ailhousis with thair houshaldis, and sum abyding in thair awin places uses to buird thame selfis and utheris to thair awin servandis, as in the hostillareis, quhairon skaithfull and schamefull inconvenientis dalie fallis out to the offence of God, defrauding of the puir of thair almous, sclander of the cuntrie and hurt of the authoris; for remeid quhairof, oure soverane lord, with advise of his thre estatis of this present parliament, hes statute and ordanit that everie prelat, lord, barone and landit gentilman sall mak his ordinar duelling and residence at his awin hous with his familie in all tyme cuming efter the publicatioun of the actis of this present parliament, for setting forward of policie and decoratioun of thair saidis duelling places, supporting of the puir with almous and intertening of freyndschip with thair nichbouris be all guid and honest meanis, and that thei forbeir the said unhonest forme of burding of thame selffis and thair famileis and houshaldis in burrowis, clauchannis and ailhousis, or in thair awin housis, under the panis following, that is to say: ilk lord and prelate under the pane of five hundreth markis, ilk greit barone under the pane of thre hundret markis, and ilk landit gentilman under the pane of twa hundret markis; and gif thai failye, being callit and ordourlie convict of transgressing of this present act, saidis panes to be upliftit to oure soverane lordis use.
[1581/10/41]*[print] [email] [cite] [preceding] [following]
†Forsamekill as sindrie guid actis hes bene maid anent finding of lawborrowis for preservatioun of the trew and obedient subjectis from injust force and violence, and laitlie, for thair greitter confort, it wes weill ordanit that the panes of lawborrowis suld be devidit betuix the king and the pairte offendit unto; nevertheles, seing the panes of lawborrowis hes extendit onlie in tyme bigane in saulftie of bodilie harme from the persone of the complenar, the malice of wickit sa incressis as thei ceis not be indirect meanis and hunding out of lymmaris, vagaboundis and utheris not responsall to invaid the innocent personis, not onlie in thair bodeis, bot to reif, steill, hoch or slay thair oxin and utheris cattell, cut or distroy thair coirnis, or to caus eit the samyn with bestiall, to hund and slay thair scheip with doggis, boist thame self in sic sort as thai dar not ly in thair awin hous, or to manas thair servandis to leve thair service, quhairthrow thair ground may be lyed waist to the uttir wrak and depaupering of the innocentis. Quhairfoir oure soverane lord, with advise of his thre estatis in this present parliament, ordanis that all letteris of lawborrowis salbe direct in tyme cuming at the instance of the pairteis complenand, chargeing the personis complenit upoun to find sicker souertie and lawborrowis that the complenaris, thair wyffis, bairnis, tenentis and servandis salbe harmeles and skaithles in thair bodeis, landis, takkis, possessionis, guidis and geir, and on na wayis to be molestit or trublit thairin be the personis complenit upoun, nor na utheris of thair causing, sending, hunding out, resetting, command, assistance and ratihabitioun, quhome thai may stop or let direclie or indireclie uthirwayis nor be the ordoure of law and justice under greit panes to be modifeit be the lordis of sessioun or utheris ordinar judges, be quhome, in cais the said lawborrowis salbe dewlie tryit to be brokin, the ane half of the pane sall pertene to oure soverane lord and the uthir half to the pairte grevit according to the effect and meaning of the said act maid to that effect of befoir.
[1581/10/42]*[print] [email] [cite] [preceding] [following]
†Forsamekle as it is havelie complenit to oure soverane lord be diverse his subjectis that quhen thai have, upoun thair lang travell and expensis, recoverit thair sentence, they ar deforcit in executioun thairof, like as quhen arreistmentis ar maid to mak the guidis furthcumand eftir the recoverie of the debt, the samin ar contempnandlie brokin; and farder, the executioun of the sentences and decreittis ar oftymes impedit be fraudfull alienationis of the dettouris landis and guidis maid be thame throw cullorit meanis of thair freindis and convictit personis, and the pleyis and actionis upoun deforcementis, breking of arreistmentis and reductioun of fraudfull alienationis hes bene swa tedious, sumpteus and langsum that verie few of thame ar brocht to ane guid end, quhairby oure soverane lordis authorite is contempnit and his subjectis ar brocht to greit inconvenient. For remeid quhairof, it is statute and ordanit that the lordis of counsell and sessioun proceid summarlie and diligentlie in all actionis of deforcementis and breking of arreistmentis to be intentit befoir thame at the instance of quhatsumever personis, and specialie that the saidis actionis, quhen thai ar callit, sall with all convenient speid, without intermissioun, be put to ane point efter the calling thairof, and that the personis convictit of deforcementis or breking of arreistment salbe punesit be the escheit of thair guidis moveabill and punischment of thair personis at oure said soverane lordis will, according to the lawes observit of befoir, with this additioun: that the pairte, recoverair of the sentence, salbe first pait of his debt and of his expensis, to be heichlie taxit be the saidis lordis, and of ane certane sowme of money to be modefeit at the saidis lordis discretioun to the pairty for the dampnage and interes sustenit be thame; anent the quhilk, the pairty interest sall have reddie executioun upoun the first and reddiest guidis and geir of the persoun convictit, notwithstanding the richt of the escheit pertenyng to oure said soverane lord, quha, for weill of his subjectis, will and grantis that the creditouris be preferrit to him in this cais. And further, with advise of the saidis thre estatis, it is statute and ordanit be his hines that all giftis of escheit quhilkis salbe gevin heirefter to quhatsumever persoun or personis of geir, guidis and utheris cumand in his hines handis for deforcement or breking of arreistment, sall contene expres exceptioun and reservatioun to the creditoure of the sowmes recoverit for his principale debt, expensis and sowme to be modifeit as said is; and gif ony gift of escheit proceding upoun this caus foirsaid be gevin without the said reservatioun and exceptioun, the same salbe null and of nane availl. And siclike, for the greitter expeditioun of reductioun of alienationis and dispositionis of landis and guidis maid in defraud of the creditoure, it is statute and ordanit that the same be maist summarlie decidit and privilegeit be summondis upoun xxj dayis warning, without dyet, tabill or continuatioun of uthir summondis, and that the pairty, ressaver of the saidis fraudfull alienationis and dispositionis, sall not be hard to defend thairin, except that they (befoir they be admittit to produce the saidis alienationis and dispositionis and to answer to the summondis) consigne in the handis of the clerk of register and his deputis, for quhome he salbe haldin to answer, sic sowmes of money as salbe modefeit be the discretioun of the saidis lordis, to be deliverit to the pairtie persewar incais the saidis alienationis and dispositionis salbe declarit fraudfull.
[1581/10/43]*[print] [email] [cite] [preceding] [following]
Item, albeit interdictionis and inhibitionis, for monie greit and weichtie considerationis to diverse intentionis, ar verie necesser and profitabill, nevertheles, it is of lait considerit that the saidis inhibitionis and interdictionis ar greitlie abusit, to the hurt and prejudice of oure soverane lordis leiges, contrarie to the end quhairunto thai wer first directit, insafar as interdictionis for the maist pairt proceidis upoun consent of pairtie, like as the said interdictionis and letteris of inhibitioun oftentymes proceidis upoun licht causes, the executionis quhairof ar sindrie tymes forget and fenyeit, and eftir monie yeris, the executor and witnessis being deceissit, the saidis inhibitionis and interdictionis ar usit aganis oure soverane lordis leigis at the instance of the ressaveris thairof and utheris for rescinding and retreitting of contractis, infeftmentis and utheris richtis upoun allegeance that the samin ar maid fraudfullie eftir the publicatioun of the said interdictioun and inhibitioun, be the quhilk craftie delaying, sic as ar contractit bona fide ar brocht in greit danger, to their greit dampanage and to the advantage of the saidis personis, abusaris of the saidis inhibitionis and interdictionis; for remeid quhairof, and to the effect that everie ane of oure soverane lordis liegis may knaw and understand the conditioun and qualitie of the persoun with quhome he contractis in this heid, quether he be subject and thrall to interdictioun or inhibitioun, or be at his awin fredome and liberte to contract, it is statute and ordanit that all inhibitionis and interdictionis to be raisit heirefter, for quhatsumever caus, with the executioun and indorsatiounis thairof, be within fourtie dayis eftir the publicatioun and executioun of the saidis inhibitionis and interdictionis producit first to the schiref clerk of schire quhair the persoun interdytit or inhibite duellis and makis his residence, and gif the said persoun have his landis and heretage, or the maist thairof, liand in ane uthir schireffdome nor quhair he duellis, that the persoun at quhais instance the uthir is interdytit or inhibite produce the said interdictioun and inhibitioun, dewlie execute and indorsate, to the clerk of the schire quhair the saidis landis lyis within the samyn fourtie dayis, quhilkis lettres of interdictioun and inhibitioun, with the executioun thairof, the saidis schiref clerkis sall insert in thair registeris, takand for everie letter with the executionis thairof five schilling; quhilk letter, with the executioun thairof, they sall singe with thair subscriptioun and deliver the samyn swa signet to the pairtie within xxiiij houris nixt eftir the resait thairof, the extract of the quhilk register salhave als greit faith and strenth as gif the originall wer schawin, except the pairtes havand enteres to oppone aganis the saidis inhibitionis and interdictionis offer to impreve the samyn be way of actioun or exceptioun; in the quhilk cais, the pairte, purchessar of the saidis letteris, and utheris havand enteres to defend the samin, salbe haldin to produce the principallis and originallis, notwithstanding that thei be registrat as said is, and that na interdictioun or inhibitioun to be raisit and execute heirefter be of force, strenth or effect to onie intentioun, bot the samyn to be null and of nane availl, except the samyn be dewlie registrat as said is.
[1581/10/44]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with advise of his thre estatis in this present parliament, ratifeis and apprevis the act maid in his hines parliament haldin and begun at Edinburgh, the xx day of October the yeir of God jM d lx. nyntene yeris anent prescriptioun in causis of spuilyeis and ejectionis, and ordanis the same to have effect and executioun in tyme cuming efter the forme and tenoure thairof.
[1581/10/45]*[print] [email] [cite] [preceding] [following]
†Forsamekill as it wes found necesser to oure soverane lord and his hines predicessouris that the commissionaris of burrowis convene at sic tymes as they suld think guid, in quhat burgh they thocht maist expedient, with full commissioun to treat upoun the weilfair of marchandis, marchandice, guid rewle and statutis for the commone profite of burrowis as at mair lenth is contenit in the actis of parliament maid thairanent and anent the privilege of burrowis, thairfoir oure soverane lord, with advise of his thre estatis of this present parliament, ratifeis and apprevis the saidis actis, and, for bettir observatioun of the saidis conventionis be sic burrowis as hes heirtofoir not send thair commissioneris at onie tyme thairto, hes statute and ordanit that in tyme cuming quhen onie conventionis of burrowis is appointit to the maist pairt of the saidis burrowis, or be the burgh of Edinburgh and onie sex or aucht of the rest, the burgh warnit thairto be onie missive bill of the provest and bailyeis of the burgh quhair the said conventioun is to be haldin, or uthir wayis lawfullie cytat thairto and not compeirand be thair commissioner sufficientlie instruct, sall pay to the chargeis of the burghis that sall convene the sowme of twentie pundis; and ordanis the lordis of counsell and sessioun to grant and direct letteris of hornyng or poinding aganis the burrowis absent fra the same conventioun and adjudget be the remanent burrowis to have incurrit the said pane and unlaw, and this at the instance of the burgh of Edinburgh, without farther proces and calling of pairtie thairto, the saidis lordis seand the act autentikle subscrivit be the clerk of that conventioun that thai ar absent and convict as said is.
[1581/10/46]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and his thre estatis of this present parliament ratifeis, apprevis and confirmis the act maid be his hines maist noble progenitoure, King James the Feird of guid memore, anent strangeris repairing within the realme with thair schippis and guidis, in all pointis, passis, clausis and articles thairof, and decernis the samyn to have full effect and strenth in tyme cuming efter the forme and tenoure thairof, with this additioun: that all maner of strangeris schippis and utheris repairing to west pairtis of this realme, west and north ilis thairof, cum to the kingis fre burrowis, sic as Kirkcudbrycht, Wigtoun, Air, Irving, Rothesay, Dunbartane or Renfrew, and thair mak their merchandice with fre men thairof of all maner of guidis, alsweill brocht within this realme be thame as tane furth of the samin, and pay thair custume and dewitie to the ordiner custumaris in thei pairtis quhair thei arryve and passis fra and tak thair cocquettis thair as the uthir legeis of the realme; inhibiteand expreslie the saidis strangeris that thei mak na maner of merchandice at the lochis of the west and north ilis, nor na uthir places not being fre burrowis, nor by onie merchandice or fische, bot saltit and barrellit, bot at fre burrowis, and that fra fre men, commanding expreslie all oure soverane lordis leigis that nane of† conduct fraucht nor pilat onie stranger to the saidis ilis under quhatsumever cullour or pretence, to the defraud of oure soverane lordis leigis and of his hines custumes, under the pane of tynsall of lyff, landis and guidis; and commanding alswa all strangeris, resorteris and repaireris within the saidis ilis that they nor nane of thame do nor attempt onie deid or fact in contrair heirof, under the pane of amissioun, tynsell and confiscatioun of thair haill schippis and guidis; gevand alswa full power and commissioun to the provestis, bailleis and officiaris of the saidis burrowis, for quhom they salbe haldin to answer, to seirche, seik, tak, apprehend and imbring all the saidis strangeris, contravenaris of this present act, everie ane of thame within the boundis of thair jurisdictioun, and gif thei be fundin culpabill and brekeris heirof, to proceid and do justice thairupoun, and to appoint and tak up thair haill schippis and moveabill guidis, that is to say the twa pairt to oure soverane lordis use, quhairof thei sall mak yeirlie compt in his hines chekker, and the thrid pairt to the apprehendar of the saidis contraveneris of the said act; and ordanis lettres of publicatioun to be direct heirupoun, gif neid beis, in forme as efferis.
[1581/10/47]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with advise of his thre estatis and haill bodie of this present parliament, ratefeis, apprevis and, for his hines and his successouris, perpetuallie confirmis the actis maid be his maist noble progenitouris for the stancheing of derth of victuallis and setting ordoure and price on all stuf, and spenalle the lxxxxix act of King James the First, the xx and lxxviij actis of King James the Fift and the xxvij act of the parliament haldin and begun at Edinburgh upoun the first day of Februar, the yeir of God jM d lj yeris; and ordanis all erles, lordis, baronis, alsweill within regalitie as ryaltie, and thair bailleis to landwart, and the provestis and bailleis of all burrowis and citeis, to caus the saidis actis of parliament be put in dew executioun, everie ane within thair boundis and jurisdictioun respective, makand and constitutand thame justices to that effect; with power to thame to mak and appoint statutis and ordinancis for the speciale observatioun of the saidis actis at everie heid court yeirlie, and to inquyre, call, accuse and punische the contraveneris of the saidis actis at the saidis heid courtis under the pane of ane hundreth pundis to be pait be everie erle, lord, barone, alsweill within regalitie as ryeltie, and thair bailleis, and of the provestis, aldermen and bailleis of everie burgh and citie that salbe found remisse and negligent in executioun of the saidis actis for everie time that thei salbe dewlie callit and convict thairof; and ordanis dittay to be tane heirupoun and the saidis judges to be callit to underly the law thairfoir, outher at generall justice airis or at particuler dyettis, as it sall pleis the kingis majestie to command.
[1581/10/48]*[print] [email] [cite] [preceding] [following]
†Forsamekle as it is considerit be oure soverane and thre estatis of this present parliament that amangis the monie utheris occasionis of derth of victuallis within this realme, thair is ane speciale verie unprofitabill in the commone weill, quhilk is the halding of horsis at hard meit all the somer seasoun, usit commonlie be personis of meane estait, cowparis, of intentioun to mak merchandice of the saidis horsis, being for the maist pairt small naigis and na horsis of service; quhairfor it is statute and ordanit that nane of oure soverane lordis liegis, not being ane erle, prelate, lord, greit barone or onie of his hines privie counsell, sessioun or landit gentilman that may spend of his awin ane thowsand mark of yeirlie rent, all chargeis deducit, sall hald onie maner of horsis at hard meit yeirlie langer nor the fyftene day of Maii nor tak thame in befoir the fyftene day of October, under the pane of escheitting of the saidis horsis or paying the availl of thame to oure soverane lordis use; and the contraveneris to be puneschit and accusit at justice airis or particuler dyettis as accordis.
[1581/10/49]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding that thair hes bene diverse actis of parliament maid of befoir anent the slaying of hart, hynd, da, ra, hairis, cunningis and utheris beistis with culveringis, corsbowis and hand bowis, and specialie the act maid in the parliament haldin at Edinburgh in December, the yeir of God, jM d lxvij yeris, qulkis actis hetherto hes tane na effect, and that in default of magistratis quhilkis wer appointit to put the same to execusioun; thairfoir his hines, with advise of his thre estatis of this present parliament, hes ratifeit and apprevit the saidis haill actis, and speciallie the said act maid in December, the yeir of God jM d lxvij yeris, in all pointis, passis, clausis and articles thairof, with this additioun: that in cais the judge ordiner within quhais boundis the contravener of this present act beis apprehendit do not execut the samin, saoft as dittay salbe gevin up to him upoun onie contravener, he sall pay for the frist falt the sowme of ane hundret pundis, for the secund falt twa hundreth pundis, and ay saoft as he failleis, sall doubill the said pane, to be applyit to oure soverane lordis use; and to the effect that the stewartis, bailleis and all utheris ordiner judges within this realme may put the said act to dew executioun, oure soverane lord, with advise foirsaid, hes ordanit and ordanis the lordis, heritouris or possessouris of the ground to present the contravener of the said act to the ordiner judge, within quhais boundis the said contravener duellis and makis residence, the said heritour or possessour being requirit be the ordiner judge to do the samin under the pane foirsaid, saoft as he beis requirit to that effect, to be applyit to oure soverane lordis use as said is; with power to the saidis ordiner judges to call and convene the saidis heretouris or possessouris refusand to present the saidis contravenaris for the saidis panes, and gif thai be found culpabill, to convict thame thairintill, and to poynd and distrenye thame thairfoir, and to mak yeirlie compt thairof to oure soverane lordis thesaurair in his hines chekker, sua that the samin may be applyit to his hines use as said is; and ordanis speciale letteris of publicatioun to be directit heirupoun, gif neid beis, in forme as efferis.
[1581/10/50]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with advise of his thre estatis and haill body of this present parliament, ratifeis, apprevis and, for his hines and his successouris, perpetuallie confirmis the actis maid be his hines maist noble progenitouris aganis the transporting of scheip, nolt or uthir cattell furth of the realme, and ordanis the same to have full effect and executioun in tyme cuming, with this additioun: that it salbe lefull to onie of oure soverane lordis legeis that happinis to apprehend onie nolt or scheip, young or auld, dryvand to be transportit furth of this realme, to stay the guidis and to apprehend and keip the dryveris of thame quhill they have thoillit ane assyse befoir the justice or his deputis in the tolbuith of Edinburgh, or befoir the schiref, stewart or baillie of the boundis quhair thai salhappin to be apprehendit, quhome his hines makis ordiner justices in that pairt for trying of the contraveneris of this present act and executing of the pane of hanging upoun thame and confiscatioun, alsweill of the guidis apprehendit as of the remanent thair moveabill guidis, quhilkis personis being found gyltie, ordanis and declairis the ane half of the saidis guidis apprehendit and remanent thair moveabill guidis to be equalie dividit betuix the juge ordiner and the apprehendar for thair panes, and the uthir half of the same escheit guidis to be inbrocht to oure soverane lordis use, and compt to be maid of the same in the chekker.
[1581/10/51]*[print] [email] [cite] [preceding] [following]
†Forsamekill as amangis sindrie utheris greit disorderis growin in this estait sen the kingis majestie coronatioun, ane not of smallest importance hes bene the making of mercat of the kingis castellis and strenthis (being the keyis of the realme, quhairin the ordinance, munitionis and jowellis of the croun ar placit), be sum to quhome the custodie and keping thairof happinnit to be committit for the time, constraning his hines regentis in his tender age, and utheris havand his richt and power for the tyme, to redeme his awin housis, munitionis and jowellis at his greit chargeis, and with thair landis, leving and guidis, to the havie dampnage and enteres alsweill of his majestie as of thame, thair airis and posteriteis; for† quhairof, and eschewing of the like evill exampill amangis his hines subjectis to mak thair unlawfull advantage and commoditie be his service in all time cuming, it is statute and ordanit that quha ever hes ressavit onie sowmes of money, landis, benefices or guidis, outher belangand to his hines or his regentis, and utheris havand his richt and power, for randering and delivering of his hines propir castellis and strenthis, with his ordinance, munitionis and jowellis being thairin, sen his hines coronatioun, or that happinis to mak onie sic contract or merchandice in tyme cuming, direclie or indireclie, salbe haldin to rander and deliver agane that quhilk thai have ressavit, or salhappin to resave, to the behuif of thame selffis or onie of thair airis, or the availl thairof to his hines and his successouris, being properlie his awin, or to his saidis regentis or utheris havand his hines richt and power, thair airis and executouris, upoun cognitioun had that the thingis gevin for the said caus pertenit properlie unto thame, to be browkit and joisit be thame and thair airis, incace thai be capable thairof, or uthirwayis to be disponit at thair plesouris; and that his hines and thei salhave guid actioun for repetitioun thairof as necessarlie gevin be thame for the tyme to eschew greiter inconvenientis and yit wrangousle resavit be the takeris for unlawfull causis.
[1581/10/52]*[print] [email] [cite] [preceding] [following]
†Forsamekill as be ane act of parliament maid at Edinburgh, the first day of Februar, the yeir of God jM vC lj yeris, it is statute and ordanit that na maner of taverneris tak upoun hand to mak onie mixitioun of onie auld wynis and new wynis, or put onie watter in the same, under the pane of escheting of the puntioun that sic wyne or watter salbe put into, togidder with all the rest of all and sindrie the wynis, being the awneris of sic a taverne, and tynsell of thair fredome for ever; and in like maner, that nane of oure soverane lordis leigis, byaris of wynis to be toppit agane, and haifaris of tavernis, tak upoun hand to huird or hyde onie of sic wynis cost be thame in thair housis and prive places, bot that thei put the samin in thair commone tavernis and woltis thairof, to be sauld indifferentlie to oure soverane lordis leigis upoun the prices that salbe sett, maid and proclamit thairanent, under the panes foirsaidis; quhilk act oure soverane lord, with advise of thre estatis in this present parliament, ratifeis and apprevis, ordaning the same to stand in force and effect as a perpetuall law in tyme cuming. And for the bettir executioun thairof, makis and constitutis the provestis and bailleis of all burrowis his hines justices in that pairt, with power to thame to mak sercheouris, tak inquisitioun and hald justice courtis everie moneth anis within ilk burgh quhair wyne is to be sauld, upoun the contraveneris of the said act, and as they be found culpabill, to execut the saidis panis upoun thame; and in cais the saidis provestis and bailleis beis found remisse or negligent thairin, being callit and convictit thairof, they to incur the panis of tynsell of thair fredome and not to bruik honour or office within burgh in onie tyme thairefter.
[1581/10/53]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advise of his thre estatis and haill body of this present parliament, ratifeis, apprevis and, for his hines and his successouris, perpetuallie confirmis the act maid in his hines parliament haldin and begun at Edinburgh, the xx day of October, the yeir of God, jM d lxxix yeris, tuiching the disheresing of the posteritie of thame that ar convict of the murthuris of the king, oure soverane lordis dearest father, and his twa regentis, and ordanis the said act to have full effect and executioun in all tyme cuming, not onlie aganis the personis specialie nominat thairin and thair posteriteis, bot als aganis James, sumtyme erle of Mortoun and Maister Archibald Douglas, sumtyme persoun of Glasgow, quhilkis ar foirfaltit for the saidis crymes sensyne, and all utheris of the surname of Heprune, Hammiltoun and Douglas that ar alreadie or salhappin to be convict in tyme cuming for the saidis crymes or onie of thame, with thir additionis: that oure said soverane lord and his successouris sall not onlie have the richt and escheit of all landis, heretages, townis and possessiones reallie appertening to the foirsaidis personis convict or to be convict for the saidis crymes, or onie of thame, and quhairof thair infeftment, richt or tytle may be schawin, bot als of all uthir landis, rowmes or possessiones to the quhilkis the foirsaidis personis convictit or to be convictit for the crymes foirsaidis, or onie of thame, micht succeid as airis of lyne, tailye or provisioun to quhatsumever personis, notwithstanding that thair richtis, titillis, infeftmentis and seasingis of the foirsaidis landis be not recoverabill be the fraud that may be usit in abstracting thairof; and likewayis that oure said soverane lord and his successouris sall succeid to all personis quhilkis ar deceissit or salhappin to deceis at his fayth and peace in all landis, heretages and possessiones to the quhilkis the foirsaidis personis foirfaltit or to be foirfaltit as said is micht or suld have succeidit, in cais thai had not bene foirfaltit in maner foirsaid; and declaris be this present act all landis and heretages quhilkis may fall to the foirsaidis personis convict or to be convict, as airis to quhatsumever personis not culpabill of the saidis crymes, or onie of thame, now to have becum in oure soverane lordis handis and under his hines dispositioun, to be broukit be his majestie and the personis to quhome he hes disponit or sall dispone the samin, thair airis and successouris in tyme cuming; like as alswa it is statute and ordanit that incais onie personis be alreade deceissit or salhappin to deceis heirefter of the foirsaidis surnames of Hepbrune, Douglas or Hammiltoun, and that outher thame selffis or thair apperand airis, maill or famell, of lyne, tailye or be provisioun, is or salhappin to be foirfaltit for airt and pairt of the saidis tressonabill murthuris, or onie of thame, quhairthrow thair saidis appeirand airis may not succeid be the lawes of this realme to the personis swa deceissand, in that cais the samin personis deceissand salhave na uthir airis bot oure soverane lord, and his hines sall succeid tanquam ultimus heres, alsweill unto the personis foirfaltit as unto all uthir personis beirand the names of Hepbrune, Douglas or Hammiltoun quhais appeirand airis ar or salhappin to be foirfaltit for the causis foirsaidis, as havand jus ad rem; like as his majestie and the personis that is or salbe infeft in thair landis, levingis, honouris, offices and possessiones sall injoy and brouk the samin in all tyme cuming, utterlie secludand the saidis apperand airis, their posteriteis and all utheris pretendand tytill be lyne, tailye or uthir provisioun quhatsumever, frome all possibilitie of successiones in the causis foirsaidis.
[1581/10/54]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun presentit to oure soverane lord and his thre estatis in this present parliament be James Stewart, erle of Arrane, lord Avane and Hammiltoun, makand mentioun that quhair, for the singular favoure and gude will quhilk he hes ever borne and beiris, as alswa the eirnist cair quhilk he hes to the preservatioun of oure soverane lordis persoun and estait, the commonweill and quyetnes of this realme and punischment of sic as unnaturallie and traiterouslie had conspirit and execute the odious and tressonabill murthure of umquhile his majesteis dearest father, he was movit, according to his aith and bundin dewtie to his hines, to accuse, challence and delait, in presens of his majestie and lordis of secreit counsell for the tyme, upoun suir knawlege, umquhile James, sumtyme erle of Mortoun and Maister Archibald Douglas, sumtyme persone of Glasgw, to have bene airt and pairt and upoun the foirknawlege and conceiling of the said tressonabill murther; for the mair cleir tryell quhairof, he wes alswa movit not onlie to use menassing and boisting wordis, bot als sum hard and rigorous handling of sindrie personis, throw the quhilk at last the treuth wes manifestit and the said umqle erle wes found, tryit and declairit giltie of the said tressonabill cryme, and for the same justlie and worthelie execute to the deith; like as the said Maister Archibald, knawand him self giltie of the said tressonabill cryme and feiring the like punischment, fled furth of this realme and yit remanis fugitive; quhairfoir the kingis majestie and thre estatis of this present parliament, considering the circumstances of the said Erle of Arranis proceding in this cais, findis and declaris that the accusatioun, delaiting and following furth of the tryell of the saidis sumtyme Erle of Mortoun and Maister Archibald Douglas anent the said odious murthure, and all thingis followand thairupoun, he hes worthelie, dewlie and diligentlie usit and executit the commissiones gevin to him be his majestie in that behalf, as alswa hes done guid, trew, honorabill and acceptabill service to his hines and a commone benefite to the haill realme, meriting ane honest rewaird and recompence thairfoir, quhilk his majestie promittis in the word of a prince to gif and dispone to him, howsone his hines may oniewayis have the commoditie thairto. And als his majestie and estatis foirsaidis decernis and ordanis that, for the causis foirsaidis, the said Erle of Arrane, nor his airis, sall not be callit nor accusit, nor incur onie skaith, pane or danger thairthrow in their personis, landis or guidis, notwithstanding onie lawes, actis or statutis maid or to be maid in the contrair, exonerand thame of all pane and danger that they may incur thairthrow for ever.
[1581/10/55]*[print] [email] [cite] [preceding] [following]
Forsamekill as it is understand and weill advisedlie considerit be the kingis majestie and thre estatis of this realme, being assemblit in this present parliament, that the patrimonie of his croun and revenneuis thairof being augmentit is the greit weill and profite bayth to the kingis grace and his leigis, and thairfoir it is thocht expedient that oure soverane lord, followand the guid exempill of his predicessouris, suld annex to the croun, for the honorabill support of his estait royall in all adventouris and caussis, baith in weir and in peace, sic landis and lordschipis as ar now presentlie in his handis that ar not annexit of befoir, and the saidis landis, being annexit, to remane perpetuallie with the croun may nouther be gevin away in fie nor frank tenement to onie personis, quhatever estate or degre thai be of, without advise, decreit and deliverance of the haill parliament, and for greit ressonabill causis concernyng the weilfair of the realme, first to be advisit and digestlie considerit be the haill estatis; and albeit it salhappin oure soverane lord that now is, or onie his successouris kingis of Scotland, annaillie and dispone the saidis lordschipis, landis, castellis, touris, donationis and advocationis of kirkis and hospitallis, with thair continentis, to the croun as said is annexit, that the alienatioun and dispositioun salbe of nane availl, bot it salbe lesum to the king for the tyme to ressave they landis to his awin use quhen ever it lykis his grace, but onie proces of law, and the takeris sall refound and pay all profittis that the have takin up of they landis agane to the king for all the tyme that they have had thame, with sic uthir restrictionis as is contenit in the actis of parliament maid be his hines maist noble predicessouris, kingis of Scotland, in the annexatioun to the croun. And thairfoir his hines, with advise and consent of his thre estatis of this present parliament, hes annexit to his croun to remane thairwith in maner foirsaid thir landis eftir following: thay ar to say, the landis and lordschip of Douglas, with the castell, towr and fortalice thairof, advocationis and donationis of kirkis and benefices and thair pertinentis; the landis and lordschip of Craufurd Lindsay, alias Craufurd Douglas; the landis and lordschipis of Boncle, Prestoun and Temptallon, with touris, fortalices, landis, rentis, advocationis and donationis of kirkis; the landis of Dunsire; the landis and lordschip of Jedburgh Forest; the landis and lordschip of Boithwell, with the towr, fortalice and thair pertinentis; the landis of Selkirk; the landis of Colbrandispeth.
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†Forsamekill as it is understand to the kingis majestie and thre estatis of parliament that oftymes doutis and questionis arysis tuiching the proclamatioun of the actis of parliament and publicatioun thairof, it being sumtime alledged be the leigeis that thei ar not bound to observe and keip the samin as lawes, nor incur onie panes contenit thairin, quhill the samin be proclamit at mercat croces of the heid burrowis of all scheyris; for remeding of quhilkis dowtes in tyme cuming, it is statute and ordanit be oure soverane lord and estatis of this present parliament that all actis and statutis of parliament maid at this tyme and that salhappin to be maid at onie tyme heirefter salbe publischit and proclamit at the mercate croce of Edinburgh onlie, quhilk publicatioun oure said soverane lord and estatis foirsaidis decernis and declaris to be als valiabill and sufficient as the samin wer publischit at the heid burrowis of the haill schires within this realme; and alswa declaris the haill leigis to be bundin and astrictit to the obedience of the saidis actis as lawes fourtie dayis eftir the publicatioun of the samin at the said mercate croce of Edinburgh being bypast.
[1581/10/57]*[print] [email] [cite] [preceding] [following]
Forsamekle as in oure soverane lordis parliament haldin and begun at Edinburgh, the xx day of October 1579, thair is ane act maid anent the establishing of the kingis majesties counsale and the forme thairof ordanit to indure ay and quhill further order suld be takin be his hines, with advise of his estatis in parliament; and now, his majestie having convenit his saidis estatis in this present parliament, be thair advise, for the support of his hines in the administratioun and governyng of the effairis of his croun, estait and commone weill of his realme, hes nomnat, electit and chosin and, be the tennour heiroff, nominatis, electis and chesis the erllis, lordis and utheris underwrittin to be of his hines preve counsale: they ar to say, James, erll of Arrane, lord Avane and Hammiltoun, David, erll of Craufurd, lord Lindsay, Jhone,† erll of Montrois, lord Grahame, Andro, erll of Rothes, lord Leslie, James, erll of Glencarne, lord Kilmawris, Hew, erll of Eglingtoun, lord Montgomary, Johnne, erll of Mortoun, lord Maxwell, James, lord Ogilvy, Johnne, lord Herreis, James, lord Doun, Mark, commendatair of Newbottill, and Alexander, commendatair of Culross, by and attour his hines ordiner officiaris of the estait, to wit, the lord greit chalmerlane, the cancellair, the thesaurair, the secretair, comptroller, collectour generall, justice clerk, clerk of register, advocate and maister of requeistis; and that every ane of the saidis officiaris to use thair offices be thame selffis and thair deputis according to the formair actis, with thir alterationis and additionis: that of the haill number of counsalouris and the ordiner officiaris, thair salbe sevin present and sittand at leist quhen onie act is maid, decreit gevin or uther mater of importance intreatit, and that na personis remane in the counsalehous in tyme of counsale, saulffand the sittand counsalouris and officiaris and ane clerk, the maister remanyng outwith the counsalehous dure except quhen he salbe callit upoun and have occasioun enter and schaw the counsale the desire of onie parte thair attending; and that nane of the counsalouris nor officiaris, frome the tyme of thair entrie in the counsale quhill the rysing thairof, without speciall command and directioun, pas frome the counsale table to speik with ony persoun outwith the counsalehous, or yit pas up and doun the hous, neglecting the effairis that ar intreatit amangis the remanent that sittis; and twa of the counsale to subscrive, as the custume hes bene in tyme bigane, providing that sic young noblemen as enteris in the counsalehous with the kingis majestie and salbe allowit be his grace swa to do, may remane thairin and heir the ressonyng, salang as his majesties awin plesour salbe to abyde for the tyme, thei being sworne to keip secreit that quhilk thei sall heir; and that his hines, quhen he sall think expedient, may nominat uther thre noble men, or sic utheris as he sall pleis nominat to be of the number of his said prive counsale; and this forme and ordour to stand quhill farder order be tane be the kingis majestie, with advise of his estatis, in his nixt parliament; and in cais of onie inlaik of the saidis counsalouris, that the kingis majestie, with advise of the remanent of his counsale, elect and cheis utheris personis in thair rowmes alsoft as neid beis.
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Forsamekle as oure soverane lord, throu the misordorit behavour and dealing of sindrie his hines subjectis, is dayly faschit, seing that, without dew reverence had of his majestie or the acknawleging of thame selffis and the nature of thair suittes, and without all respect of the tyme, place and uthers circumstances requisite, they ceis not to present signatouris, lettres and preceptis unto his majestie self and importunlie to urge the granting and subscriving the same then instantlie or his hines solempne promis thairupoun, his majestie not beand certanlie informit nor advisit upoun the valour of the maters socht of his hines; for remeid of the quhilk abuse, it is statute and ordanit be his majestie, with advise of his saidis thre estaitis in this present parliament, that all personis, his hines subjectis, quhilk hes onie gift, grace, precept or uther lettre to crave of his majestie quhilk thei desire to have exped gratis, or the same being of sic nature as customablie is not subject to the pameter† of compositioun, sall seke the same of his hines be supplicatiounis in write, quhilkis his majestie, be him self or his maister of requeistis, will alwayes ressave fra the presentaris and grant thame favorable audience, keping thair saidis supplicatiounis quhill his hines be advisit thairwith; and that nane presume to urge his majestie then presentlie to subscrive thair signatouris or lettres, or to mak onie promes be word or write thairupoun, but attend upoun the answeris of thair supplicatiounis to be gevin in write; and to that effect, that the same supplicatiounis may ressave dew answeris sasone as convenientlie may be, to the ressonable satisfactioun of the suittaris, his majestie will caus place the saidis supplicatiounis in sum convenient rowme quhill at his first laser he may call unto him sic of his counsale and officiaris as he sall think metest for the consideratioun and ordering of his affaris, and then caus reid thame and note on the bak of everie thing his hines mynd tuiching the granting or refusall thairof; quhilk being deliverit agane to the pairteis, that they stand satisfeit thairwith without further importuning of his majestie thairanent as thei will answer at thair perrellis and under pane of incurring his hines repruif and indignatioun gif thei sall presume in the contrair.
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Forsamekle as it is cleirlie understand to the kingis majestie and thre estatis of this present parliament that efter that umquhile James, erll of Mortoun and utheris dissobedient subjectis war atteachit of tressoun and he committit in warde quhill he suld have bene tryit of the same, according to the lawes of the realme, and at the samyn tyme oure said soverane lord gaif sindrie factoreis of the saidis personis levingis to syndry personis, quha not onlie hes intromettit with diverse and sindrie maillis, fermes, profittis and dewteis pertening to thame and hes randerit na compt of thair intromissioun, bot als under pretence of the saidis giftis yit intromettis thairwith, thairfore it is statute and ordanit be oure said soverane lord, with advise foirsaid, that all sic giftis be dischargeit and presentlie dischargeis the samyn and all factoreis gevin to quhatsumever persoun or personis in maner foirsaid, and decernis and declaris the samyn to have na strenth, force nor effect in tyme cuming, and ordanis lettres of publicatioun to be direct heirupoun in forme as efferis.
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The quhilk day oure soverane lord, with advise of his thre estatis in this present parliament, decernis and declaris that the act maid in this present parliament aganis the unlawfull profite be the capitanis and keparis of the kingis castellis sall on na wais extend to the dispossessing of Robert Erskin of Lytill Sauchy and James Colvile of Eister Wymis, or annulling of thair infeftmentis of the landis of Strakynnes and Ballone, with the kirklandis of Couper and the Clink Mylne, utherwais nor salbe decernit be decreit arbitrall to pas upoun the compromit maid betuix Coline, erll of Ergyle, chancellair and justice generall, and James, lord of Doun, takand the burding on thame for Dame Elizabeth Stewart, countesse of Murray, and Margaret Stewart, hir suster, dochteris to umquhile James, erll of Murray, lord Abernethie, regent to oure soverane lord, his realme and leigeis for the tyme, and for James, now erll of Murray, spous to the said Elizabeth for his enteres, and for the tutouris and curatouris of the said Dame Elizabeth, his said spous, thair tutouris and the tutouris and curatouris of the said Margaret Stewart, on the ane pairt, and the said Robert Erskein on the uther pairt, referrit be the saidis pairteis to certane indifferent personis and freindis and to oure soverane lord as ourisman and odisman; and that quhill the said decreit arbitrale be pronuncit and the effect thairof fulfillit, the saidis Robert and James sall bruik the saidis landis according to thair infeftmentis, quhilkis oure soverane lord, with advise of his saidis estaitis, ordanis to stand in full force and effect in the menetyme.
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The lordis of articlis declaris that the ward landis sall pay taxatioun alsweill as utheris, and ordanis the schireffis of the schyris within quhais boundis the saidis warde landis lyis to be chargeit to mak payment of the taxatioun of the samyn warde landis conforme to the taxt roll maid thairof for the bigane only, and for the tyme tocum, remittis the same to the commissioners depute to convene efter the parliament.
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Forsamekle as at command and expres directioun of oure soverane lord, with advise of the lordis of his hines secreit counsale, Alexander Hume of Manderstoun intromettit with the place of Morhame for apprehensioun of Maister Archibald Douglas, persoun of Glasgw, suspectit and dilaitit in presens of his hines and his said counsale of crymes of tressoun and lesemajestie, and of his lettres and writtis; and thairefter his hines, willing that the said Alexander wer fred and deliverit of the said place, thairfoir his majestie, with advise of his said secreit counsale, ordanit and commandit the said Alexander Hwme to rander and deliver the said hous and place of Morhame, with all the guidis and geir, insycht and plenesing being thairin and intromettit with be him, at his hines directioun and command as said is, to Johnne Calder, Bute pursephant, upoun inventar thairof, to be intercheynable, maid, past and subscrivit betuix thame thairupoun to the effect that the saidis guidis, geir, insycht and plenesing may be furthcumand, as law will; thairfoir oure soverane lord, with advise of his thre estatis and haill body of this present parliament, decernis and declaris that the said Alexander, in his intromissioun with the said place and searcheing of the said Maister Archibald to be apprehendit, hes done his dewty and acceptable service to his hines, and that he, nor the personis assisting him in that deid, sall incur na cryme, pane, skayth or danger thairthrow in thair personis, landis or guidis, nor be callit nor accusit for the samyn criamlie nor civilie be onie maner of way in tyme cuming, exonerand and dischargeand thame simpliciter thairof and of all actioun and clame that may be intentit aganis thame thairfoir be this present act forevir.
[1581/10/63]*[print] [email] [cite] [preceding] [following]
Anent the supplicatiounis presentit to the kingis majestie and lordis of articles of this present parliament be George, erll of Huntlie, lord Gordoun and Badyenout, sone and air of umquhile George, erll of Huntlie, that last depairtit, for him self and the rest of his kin, freindis and servandis dependaris on his hous, requiring the haill actionis of spuilye depredationis and demolitionis contenit in the preceptis and clames of Williame, lord Forbes, Johnne, maister of Forbes, his sone, thair adherentis quhatsumever, as committit aganis the tenour of the abstinence concludit and aggreit upoun the secund day of July 1572, to be declarit to be extinguisit, expyrit and prescrivit in all tyme cuming according to the tennour of the pacificatioun, and the saidis Williame, lord Forbes, Johnne, maister of Forbes, thair adherentis and utheris foirsaidis, nevir to be hard to persew and walkin the samyn in tyme cuming; and likwys desyring that command may be gevin to the lordis of sessioun to proceid and minister justice in the caus persewit be the said Erll of Huntlie and his fader brother aganis the saidis lord and maister of Forbes and certane utheris, thair surname and dependaris on the hous of Forbes, for removing fra the landis and baroneis of Keig and Monymusk, according to the warnyngis maid befoir the feist of Witsounday 1576 yeiris, notwithstanding the act of parliament purchest be the saidis lord and maister and thair adherentis at the last parliament haldin at Edinburgh, the xj day of November 1579 yeris, dischargeing the lordis of sessioun of all proceiding in the same caus unto the tyme decreittis wer pronunceit in the saidis actionis persewit for the spuilyeis and depredatiounis allegeit done efter the tyme of the abstinence, quhilk act tendis only to the frustratioun of justice, the said Erll of Huntlie and his father brether, quhome it concernit in speciall, and quha mycht have answerit and informit his hines and his estaitis thairanent, nevir being callit thairto nor hard thairin, as at mair lenth is contenit in the saidis supplicatiounis; oure soverane lord, with advise of his thre estatis in this present parliament, decernis and declaris that the said pacificatioun sall stand firme and inviolable in favouris of the said erll of Huntlie, his kin, freindis, servandis and dependaris on his hous, and that the haill actionis of spuilyeis, depredatiounis and demolitionis contenit in the preceptis and clames of Williame, lord Forbes, Johnne, maister of Forbes, his sone, thair dependaris and uthers above writtin, aganis the said Erll of Huntly, his father brether, his kin, freindis, servandis and dependaris on his hous, as committit aganis the tenour of the said abstinence, ar and salbe extinguisit, expyrit and prescrivit in all tymes cuming heirefter, and the said lord and maister of Forbes, thair adherentis and utheris foirsaidis nevir to be hard to persew and walkin the same in ony tyme cuming; and siclike declaris and decernis the act of parliament purchest be the said lord and maister of Forbes, thair kin and adherentis, in the parliament haldin at Edinburgh, the xj day of November 1579 yeris, to expyre and be extinct in all tymes heirefter, quhilk act dischargeit the lordis of counsale and sessioun to proceid in the caus of removing of the said lord and maister and thare freindis fra the landis and barony of Keig and Monymusk ay and quhill decreittis wer pronunceit in the actionis of spuilye, depredatiounis and demolitionis persewit be the said lord, maister and thair freindis aganis the said Erll of Huntlie, his father brether and utheris foresaidis; and yit his majestie and thre estatis in this parliament, considering that the debetable caus, deadly feidis and contraverseis betuix the saidis pairteis ar not yit removit and takin away, to the said submissioun maid to that effect, the tyme thairof being expirit, his hines gude will and intentioun remanyng to have the samyn yit done, hes thairfoir thocht meit, be advise of his saidis estatis, that all the debetable causs, deidlie feidis and contraversis betuix the saidis pairtiis salbe submittit of new to certane freindis on ather syde, according to the quhilk his m[...]† plesour and gude meanyng in the self sa godlie and ressonable, the saidis pairtiis hes presentlie submittit thair saidis haill querrellis, deidlie feidis and caus debetable, alsweill criminall as civill, that hes fallin out and happynnit betuix thame sen the first day of November [...] to the day and dait of thir presentis, to certane thair freindis on ather syde, that sentence, decreit arbitrall and delyverance may be pronunceit thairupoun betuix the first day of Februar nixtocum; and in cais ony variance result upoun the premis, quhairthrow the said noble men sall not happin to appoint and aggre amangis thame selffis, then thei sall report in presens of his majestie and his counsale the maters and pointtis quhairin the varience standis, quhairthrow his hines, as odman and owrisman commonlie chosin be bayth the saidis partiis, with advise of sic of his privie counsale as he sall elect and call unto him, may gif finall decisioun toward the saidis deidly feidis and contraversiis, quhairupoun decreit pronuncit at the furthest betuix and the tent day of Marche nixtocum; quhilk day being bigane and the saidis caus into bayth civill and criminall not being determinat and decidit be the submissioun foirsaid, in that cais ather of the saidis partiis sall have place to persew uthers for quhatsumever caus, except sic as ar takin away be this present act and the pacificatioun foirsaid, quhilk oure soverane lord ordanis to haif full effect in all tyme cuming.
[1581/10/64]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and his estatis convenit in this present parliament, considering that the deidlie feidis, querrellis and contraverseis betuix his hines subjectis and the surname of Gordoun and Forbes and thair partakers ar not yit removed and takin away be the formair submissioun maid to that effect, the tyme thairof being now expirit and his hines gude will and intentioun remanyng to have the same yit done, hes thairfoir thocht meit, be advise of his saidis estatis, that the saidis debetable caus, deidlie feidis and contraverseis salbe submittit of new to certane freindis on ather syde, according to the quhilk his majesteis plesour and gude will remanyng, being in the self sa godlie and ressonable, ane noble and michty lord George, erll of Huntlie, lord Gordoun and Baidyenout, with expres consent and assent of Johnne Gordoun of Lochinver and Patrik Gordoun of Auchindoun, curatouris to the said erll, for thair enteresse, for thame selffis and takand the burding on thame for the haill kin, freindis, servandis and partakers of the said Erll of Huntlie, on the ane pairt, and ane noble lord Williame, lord Forbes, and Johnne, maister of Forbes, his sone and apperand air, for thame selffis and takand the burding on thame for the haill kin, freindis, servandis and partakers of the said Lord Forbes, on the uther pairt, hes submittit and, be the tennour heirof, submittis all querrellis, deidlie feidis and caus debetable, alsweill criminall as civill, that hes fallin out and happynnit betuix thame sen the first day of September the yeir of God jM vC threscoir ellevin yeris, to the personis underwrittin: they ar to say, for the pairt of the said Erll of Huntlie, his name, freindis and pairtakers foirsaidis, Robert, commendatair of Dumfermling, secretair to oure soverane lord, Mark, commendatair of Newbottill, and Alexander Hay, clerk of register; and for the pairt of the said lord and maister of Forbes, thair name, freindis and partakers, George, erll of Marchell, Patrik, lord Lindsay of the Byris, and Maister James Halyburtoun, provest of Dundee; quhilkis personis chosin for bayth the saidis parteis sall convene heir and determinat the saidis debetable caus, deidlie feidis and contraverseis in the kingis majesteis presence quhair his hines salhappin to be for the tyme upoun sic day or dayes as his hines and the saidis lordis being with his majestie sall appoint, sa that alwayes thair sentence, decreit arbitrall and delyverance salbe pronumcit betuix and the tent day of Februar nixtocum; and in cais ony variance result upoun the premis, quhairthrow the saidis arbitouis sall not happin to aggrie and appoint amangis thame selffis, then thei sall report in presens of his majestie and counsale the maters and pointis quhairin the variance standis, quhairthrow his hienes, as odman and owersman commonlie chosin be bayth the saidis pairteis, with advise of samony of his privie counsell as he sall elect and call unto him, may gif finall decisioun toward the saidis deidlie feidis and contraverseis, quhairupoun decreit salbe pronuncit betuix and the tent day of Marche nixtocum. Attoure bayth the saidis pairtiis sall deliver thir clames gif ony further thei have nor is already gevin to the clerk of secreit counsale betuix and the tent day of December nixtocum, quhilkis being intercheyngeable, deliverit agane to the pairtiis, they sall mak and deliver their answeris hinc inde to the said clerk within ten dayes thairefter, and quhatever the saidis jugeis, arbitouris and amicable compositouris, in ane voce or the maist pairt of thame in ane voce, being convenit in equall number in his majesteis presens as said is, or in cace of variance his majestie, with advise as said is, pronunces, decreittis and deliveris in the premises amicablie bayth the saidis partiis, for thame selffis and takand the burding on thame as said is, sall abyde, underly and fulfill the samyn to uthers but appellatioun, reclamatioun or contradictioun quhatsumever. Attour, bayth the saidis pairtiis, for thame selffis and takand the burding on thame as said is, ar content and consentis that the assurance already takin and aggreit upoun to stand betuix thame unto the first day of Apprile nixtocum sall remane and yit continew unto the first day of Junii nixtocum, quhilk thei promit to observe and keip unviolat in ony poynt, under the panis contenit thairin. Mairattour, bayth the saidis partiis ar content and consentis that this present compromit and submissioun, with the decreit arbitrale that salhappin to be pronuncit and gevin thairupoun be actit and registrat in the buikis of privie counsale and sessioun, to have the strenth of ane act and decreit of the lordis thairof, and that lettres and executorellis be direct thairupoun in forme as effeiris, and, for acting and registring of the same in the saidis buikis, hes maid, constitutit and ordanit conjunclie and severalie in uberiori forma, promitten de rato; in witnes of the quhilk thing bayth the saidis partiis and arbitouris in taikin of thair acceptatioun to this present compromit in and upoun thame, as alswa oure soverane lord hes subscrivit thir presentis with thair handis as followis, at [...] the xxviij day of November, the yeir of God jM vC fourescoir ane yeiris.
[1581/10/65]*[print] [email] [cite] [preceding] [following]
Forsamekill as anent the supplicatioun gewin in be Johnne, lord Hereis, Williame Baillie of Lammingtoun and Eduard Maxwell, sone to the said lord, makand mentioun that quhare for fulfilling of ane part of the contract of mariage maid betuix the said lord and his said sone one that ane pairt, and the said Laird of Lammingtoun and Margaret Baillie, his lauchfull dochter, one the uther pairt, for mariage contractit and schortlie thaireftir solempnizat betuix the said Eduard and the said Margaret, it being convenit that the said Edwarde sould ressave the surename of Baillie and armes of the hous of Lammingtoun in respect of the gude dedis and benefeitis he was to ressave of the said mariage, newirtheles, upoun considerationes mowing the saidis parteis, it is condiscendit and aggreit with advise of freindis one ather part that it salbe dispensit with the said Edwardis ressaving of the said surename of Baillie for ane certane space to cum, prowyding that Williame Maxwell, eldest lauchfull sone gottin betuix the said Eduarde and the said Margaret, sall instantlie ressave the said surename of Baillie and armes of the said hous of Lammingtoun, and ane act and statute to be maid in this present parliament thairupoun; thairfore oure said soverane lord, with advise and consent of the thrie estatis of this present parliament and of consent of the saidis Johnne, lord Hereis, Williame Baillie of Lammingtoun and the said Eduard Maxwell, hes statute and ordanit that the said Williame Baillie, eldest lauchfull sone and apperand air gottin betuix the saidis Eduarde and Margaret, hes willinglie past fra his surename of Maxwell, ressavit and acceptit in place thairof the said surename of Baillie and armes of the said hous of Lammingtoun and, thairfore, decernis and ordanis him now to be callit in all tymes cumming Williame Baillie, and all his posteritie thaireftir to be callit Baillies of thair surename, and newir to rewoke the samyn nor to ressave ony uther surename heireftir; and ordanes lettres of publicatioun to be directit heirupoun, gif neid beis, in forme as efferis.
[1581/10/66]*[print] [email] [cite] [preceding] [following]
Anent the supplicatioun gewin in be the provest, baillies, counsale and commwnitie of the burgh of Dundie, makand mentioun that quhare within thir few yeiris the commwnitie of the burgh of Perth, without ony ground or gude reassone, sterit upe ane questioun aganis the said burgh of Dundie for the first place in all parliamentis, conventiones and essembleis, the said burgh of Dundie being the mair antient burgh, mekill mair burdenit in the service of oure soverane lord baith in bodyes and gudes, the estait of the said burgh being also governit be the merchandis, excluding the craftismen, fra all office of governament within the samyn, and the said burgh of Dundie being evir in tymes bipast in possessioun of the first place; and becaus the saidis inhabitantis of the said burgh of Perth persistit sa wilfullie in thair said sute, the mater being proponit to oure soverane lord and thrie estatis in the parliament haldin at Edinburgh, the ellevint day of November, the yeir of God jM vC threscoir nynetene yeiris, the samyn was remittit, togidder with the renkning and placeing of the haill burrowis within this realme, to the commissionaris of the haill burrowis, to be finallie determinat be thame in the nixt conventioun, as the act of parliament maid thairupoun heir present to schaw at mair lenth proportis; according to the quhilk, the said debait was proponit to the saidis commissionaris, first in thair conventioun haldin at Glasgow in the moneth of Februar, the yeir of God jM vC threscoir nynetene yeiris, and secundlie in thair conventioun haldin at Aberdene in the moneth of Julii, the yeir of God jM vC lxxx yeiris, at baith the quhilkis tymes thair was nathing procedit of the raritie of the saidis commissionaris and that thair was na convenient tyme than to treate the said mater, and swa, last of all, the samyn was continewit to the conventioun of the commissionaris of burrowis to begin at Edinburgh, the sevintene day of Aprile the yeir of God jM vC lxxxj yeiris, and the mater of new being proponit in the said conventioun and the reassones of ather partie being producit in writt, viseit and considerit be the saidis commissionaris, thay upoun the twentie day of the moneth of Aprile, the yeir of God jM vC lxxxj yeiris foirsaidis, gaif to the said burgh of Dundie thair resolute answer that thay war not juges competent thairto, nor could nocht convenientlie decyde thairupoun for certane pretendit reassones specefeit in the act of the dait foirsaid; and newirtheles, upoun the morne thaireftir, being the xxj day of the said moneth of Aprile, the saidis commissionares being convenit, declarit that for feir of lettres of horning direct aganis thame thay wald pronunce in the said mater in maner following and upoun the samyn day, for feir of the saidis lettres, as they planelie professit, decernit that the commissionaris of Perth sould have the first place in all conventiones quhill the nixt parliament, to the quhilk tyme they remittit the principall mater but prejudice of the rycht of ather of the parteis, outher at that tyme or ony uther tyme thaireftir; and swa the saidis commissionaris war not onlie contrareous in thair first and last deliverence, bot als have gewin na direct answer to the principall matter according to the said act of parliament, quhilk was thair power and commissioun, bot hes remittit the samyn to the parliament, as the act heir present to schaw beris; and swa this contentioun and pley is yitt undecydit, ather in the pairt of Dundie, Striveling and Sanct Johnstoun, nor yitt in the renkning of the rest of the haill burrowis, eftir the forme and tennour of the said act of parliament, desyring thairfore the kingis majestie and thrie estatis to ressave the reassones, quhilkis the saidis provest baillies counsale and commwnitie of Dundie have presentlie to be producit and to decyde in the said mater, swa that thaireftir na questioun may arrys thairupoun, as at mair lenth is contenit in the said supplicatioun. Quhilk being sene and considerit first be the kingis majestie and lordis of articles, and thaireftir be the thrie estatis, oure said soverane lord, with advise of the saidis thrie estatis of this present parliament, have remittit and remittis the decisioun of the said mater simpliciter to the burrowis, and ordanis thame to proceid and decyde summerlie thairintill but fordar delay, and siclyke upoun the renkning and placeing of the rest of the burrowis, ewerye ane of thame in thair awin places, and as thay sall use the samyn in tyme cumming; and ordanis lettres to be directit heirupoun, gif neid beis, in forme as efferis.