[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.
[1581/10/56]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/58]*[print] [email] [cite] [preceding] [following]
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.
[1581/10/59]*[print] [email] [cite] [preceding] [following]
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.