Legislation
Anent the cuinye

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.

  1. NAS, PA2/12, ff.69r-v. Back
  2. In the margin: a cross denotes acts to be printed. Back
  3. NAS, PA2/12, ff.69v-70r. Back
  4. NAS, PA2/12, f.70r. Back
  5. NAS, PA2/12, f.70r. Back
  6. In the margin: a cross denotes acts to be printed. Back
  7. NAS, PA2/12, f.70r. Back
  8. In the margin: a cross denotes acts to be printed. Back
  9. NAS, PA2/12, ff.70v-71r. Back
  10. In the margin: a cross denotes acts to be printed. Back
  11. NAS, PA2/12, f.71r. Back
  12. In the margin: a cross denotes acts to be printed. Back
  13. APS reads, 'for the hurt'. Back
Ratificatioun of the actis anent the inbringing of bulyeoun

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.

  1. NAS, PA2/12, ff.69r-v. Back
  2. In the margin: a cross denotes acts to be printed. Back
  3. NAS, PA2/12, ff.69v-70r. Back
  4. NAS, PA2/12, f.70r. Back
  5. NAS, PA2/12, f.70r. Back
  6. In the margin: a cross denotes acts to be printed. Back
  7. NAS, PA2/12, f.70r. Back
  8. In the margin: a cross denotes acts to be printed. Back
  9. NAS, PA2/12, ff.70v-71r. Back
  10. In the margin: a cross denotes acts to be printed. Back
  11. NAS, PA2/12, f.71r. Back
  12. In the margin: a cross denotes acts to be printed. Back
  13. APS reads, 'for the hurt'. Back
Anent the dew payment of the kingis majesteis custumes

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.

  1. NAS, PA2/12, ff.69r-v. Back
  2. In the margin: a cross denotes acts to be printed. Back
  3. NAS, PA2/12, ff.69v-70r. Back
  4. NAS, PA2/12, f.70r. Back
  5. NAS, PA2/12, f.70r. Back
  6. In the margin: a cross denotes acts to be printed. Back
  7. NAS, PA2/12, f.70r. Back
  8. In the margin: a cross denotes acts to be printed. Back
  9. NAS, PA2/12, ff.70v-71r. Back
  10. In the margin: a cross denotes acts to be printed. Back
  11. NAS, PA2/12, f.71r. Back
  12. In the margin: a cross denotes acts to be printed. Back
  13. APS reads, 'for the hurt'. Back
For the suirtie of thame that assegit houses be the kingis commissioun in his hines minoritie

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.

  1. NAS, PA2/12, ff.69r-v. Back
  2. In the margin: a cross denotes acts to be printed. Back
  3. NAS, PA2/12, ff.69v-70r. Back
  4. NAS, PA2/12, f.70r. Back
  5. NAS, PA2/12, f.70r. Back
  6. In the margin: a cross denotes acts to be printed. Back
  7. NAS, PA2/12, f.70r. Back
  8. In the margin: a cross denotes acts to be printed. Back
  9. NAS, PA2/12, ff.70v-71r. Back
  10. In the margin: a cross denotes acts to be printed. Back
  11. NAS, PA2/12, f.71r. Back
  12. In the margin: a cross denotes acts to be printed. Back
  13. APS reads, 'for the hurt'. Back
Aganis the schamefull oppressioun and slaying and hoching of oxin and horses

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.

  1. NAS, PA2/12, ff.69r-v. Back
  2. In the margin: a cross denotes acts to be printed. Back
  3. NAS, PA2/12, ff.69v-70r. Back
  4. NAS, PA2/12, f.70r. Back
  5. NAS, PA2/12, f.70r. Back
  6. In the margin: a cross denotes acts to be printed. Back
  7. NAS, PA2/12, f.70r. Back
  8. In the margin: a cross denotes acts to be printed. Back
  9. NAS, PA2/12, ff.70v-71r. Back
  10. In the margin: a cross denotes acts to be printed. Back
  11. NAS, PA2/12, f.71r. Back
  12. In the margin: a cross denotes acts to be printed. Back
  13. APS reads, 'for the hurt'. Back
For executioun of the actis maid anent castingdoune and halding doun of cruvis and yairis, and punischment of the transgressouris thairof, slauchter of reid fische and of the fry of all fische

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.

  1. NAS, PA2/12, ff.69r-v. Back
  2. In the margin: a cross denotes acts to be printed. Back
  3. NAS, PA2/12, ff.69v-70r. Back
  4. NAS, PA2/12, f.70r. Back
  5. NAS, PA2/12, f.70r. Back
  6. In the margin: a cross denotes acts to be printed. Back
  7. NAS, PA2/12, f.70r. Back
  8. In the margin: a cross denotes acts to be printed. Back
  9. NAS, PA2/12, ff.70v-71r. Back
  10. In the margin: a cross denotes acts to be printed. Back
  11. NAS, PA2/12, f.71r. Back
  12. In the margin: a cross denotes acts to be printed. Back
  13. APS reads, 'for the hurt'. Back
Additioun to the actis maid aganis notorius theiffis and soirnaris of clannis

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.

  1. NAS, PA2/12, ff.69r-v. Back
  2. In the margin: a cross denotes acts to be printed. Back
  3. NAS, PA2/12, ff.69v-70r. Back
  4. NAS, PA2/12, f.70r. Back
  5. NAS, PA2/12, f.70r. Back
  6. In the margin: a cross denotes acts to be printed. Back
  7. NAS, PA2/12, f.70r. Back
  8. In the margin: a cross denotes acts to be printed. Back
  9. NAS, PA2/12, ff.70v-71r. Back
  10. In the margin: a cross denotes acts to be printed. Back
  11. NAS, PA2/12, f.71r. Back
  12. In the margin: a cross denotes acts to be printed. Back
  13. APS reads, 'for the hurt'. Back