[1584/5/7]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise of his thrie estatis convenit in this present parliament, hes ratefeit and apprevit and, be the tennour heirof, ratefeis and apprevis the libertie of the preching of the trew word of God and administratioun of the sacramentis in puritie and synceritie according to the Confessioun of the Faith receavit and auctorizit be parliament in the first yeir of his majesties regnne.
[1584/5/8]*[print] [email] [cite] [preceding] [following]
Forsamekle as syndrie personis being laitlie callit befoir the kingis majestie and his secrete counsell to answer upoun certane pointis to have bene inquirit of thame, concerning sum treasounable, seditious and contumelious spechis utterit be thame in pulpet, scolis and utherwayis, to the disdane and reproche of his hienes, his progenitouris and present counsell, contemptuouslie declinit the jugement of his hienes and his said counsell in that behalf, to the evill exemple of utheris to do the like gif tymous remeid be not providit, thairfoir our soverane lord and his thrie estatis assemblit in this present parliament ratefeis and apprevis and perpetuallie confirmis the royall power and auctoritie over all statis, alsweill spirituall as temporall, within this realme in the persoun of the kingis majestie, our soverane lord, his airis and successouris, and als statutis and ordinis that his hienes, his said aris and successouris, be thame selffis and thair counsellis, ar and in tyme to cum salbe juges competent to all personis, his hienes subiectis of quhatsumevir estate, degrie, functioun or conditioun that ever they be of, spirituall or temporall, in all materis quhairin they or ony of thame salbe apprehendit, summound or chargeit to answer to sic thingis as salbe inquirit of thame be our said soverane lord and his counsell, and that nane of thame quhilkis sall happin to be apprehendit, callit or summound to the effect foirsaid, presume or tak upoun hand to decline the jugement of his hienes, his airis or successouris or thair counsell in the premisis, under the pane of treasoun.
[1584/5/9]*[print] [email] [cite] [preceding] [following]
The kingis majestie, considering the honour and the auctoritie of his supreme court of parliament continewit past all memorie of man unto thir dayis, as constitute upoun the frie votis of the thrie estatis of this ancient kingdome, be quhom the same under God ever hes bene uphaldin, rebellious and traterous subjectis punisit, the guid and faithfull preservit and mantenit and the lawis and actis of parliament (be quhilkis all men ar governit) maid and establisit, and finding the power, dignitie and authoritie of the said court of parliament of lait yeris callit in sum doubt, at least sum curiouslie travelling to have introduceit sum innovatioun thairanent, his majesties firme will and mynd alwayis being as it is yit, that the honour, authoritie and dignitie of the saidis thrie estatis sall stand and continew in the awin integritie, according to the ancient and lovable custome observit in tyme bygane, without ony alteratioun or diminutioun; thairfoir it is statute and ordinit be our said soverane lord and his thrie estatis assemblit in this present parliament that nane of his liegeis and subjectis presume or tak upoun hand to impugne the dignitie and authoritie of the saidis thrie estatis or to seik or procur the innovatioun or diminutioun of the power and auctoritie of the same thrie estatis or ony of thame in tyme cumming, under the pane of treasoun.
[1584/5/10]*[print] [email] [cite] [preceding] [following]
Forsamekle as in the trublous tymis during thir xxiiij yeris bypast, syndrie formis of jugementis and jurisdictionis, alsweill in spirituall as temporall causis, ar enterit, in the practis and custome quhairby the kingis majesties subjectis ar oftymis convocat and assemblit togidder and panis, alsweill civill and pecuniall as ecclesiasticall, injonit unto thame, proces led and deduceit, sentences and decreitis gevin and the same put in executioun, na sic ordour as yit being allowit of and approvit be his majestie and his thrie estatis in parliament contrare the custome observit in ony uther Christiane kingdome or weill governit commoun weill and to the diminissing of the force and power of his hienes awin lawis, be the quhilkis his majesties subjectis aucht to be rewllit, and speciallie his hienes and his estatis considering that in the saidis assembleis certane his subjectis have takin upoun thame to justifie and auctorize the fact perpetrate aganis his hienes persoun and estate at Ruthven and prosecutit thairefter, quhill his majestie at Goddis pleasour recoverit his libertie, having in thair pretendit maner maid actis thairupoun, kepis the same in register and as yit semis to allow the said attemptat, althocht now publictlie condampnit be his hienes and estatis as treasounable, nane of the authoris thairof having cravit his hienes pardone; thairfoir; for remeid quhairof in tyme cumming, sua that according to the lovable act of his darrest guidschir, King James the Ferd of worthie memorie, all his hienes liegeis (being under his obeissance) man be rewllit be his awin lawis and the commoun lawis of this realme and be nane uther lawis, oure soverane lord and his thrie estatis assemblit in this present parliament dischargeis all jugementis and jurisdictionis, spirituall or temporall, accustomat to be usit and execute upoun ony of his hienes subjectis quhilkis ar not approvit be his hienes and his saidis thrie estatis convenit in parliament, and decernis the same to ceis in tyme cumming, quhill the ordour thairof be first sene and considerit be his estatis† in parliament, and be allowit and ratefeit be thame, certefeing thame that sall proceid in using and exerceing of the saidis jugementis and jurisdictionis or in obeying of the same, not being allowit nor ratefeit as said is, they salbe repute, haldin, callit, persewit, and punissit as usurparis and contempnaris of his hienes auctoritie, in exemple of utheris. And als it is statute and ordinit be our said soverane lord and his thrie estatis that nane of his hienes subjectis, of quhatsumever qualitie, estate or functioun they be of, spirituall or temporall, presume or tak upoun hand to convocat, convene or assemble thame selffis togidder for halding of counsellis, conventionis or assembleis, to creat, consult and determinat in ony mater of estate, civill or ecclesiasticall (except in the ordinare jugementis), without his majesties speciall comandement, expres licence had and obtenit to that effect, under the panis ordinit be the lawis and actis of parliament aganis sic as unlawfullie convocatis the kingis liegeis.
[1584/5/11]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and his thrie estatis assemblit in this present parliament, willing that the word of God salbe prechit and sacramentis administrat in puritie and synceritie, and that the rentis quhairon the ministeris aucht to be sustenit sall not be possest be unworthie personis neglecting to do thair dewties for quhilkis they accept thair benefices, being utherwayis polluted be the fraill and enorme crymis and vices efterspecifeit, it is thairfoir statute and ordinit be his hienes, with avise of the saidis thrie estatis, that all personis, ministeris or reiddaris, or utheris providit to benefices sen his hienes coronatioun (not having vote in his hienes parliament) suspectit culpable of heresie, papistrie, fals and erroneous doctrine, commoun blasphemie, fornicatioun, commoun drunkinnes, non residence, pluralitie of benefices having cure, quhairunto they ar providit sen the said coronatioun, symonie and dilapidatioun of the rentis of benefices, contrare the lait act of parliament, being lawfullie and ordourlie callit, tryit and adjugeit culpable in the vices and causis abonewrittin, or one off thame, be the ordinare bishop of the diocie or utheris, the kingis majesties comissionaris to be constitute in ecclesiasticall causis, salbe deprivit alsweill fra thair functioun in the ministerie as fra thair benefices, quhilkis salbe thairby declarit to be vacand, to be presentit and conferrit of new, as gif the personis, possessouris thairof, had bene naturallie dead; and that it salbe estemit and jugeit not residence quhair the persoun being in the functioun of the ministerie, providit to ane benefice sen the kingis majesties coronatioun, makis not residence at his mans, gif he ony hes, and, falyeing thairof, at sum uther duelling place within the parochin, but remanis absent thairfra and from his kirk and using of his office be the space of four Sondayis in the haill yeir, without lawfull caus and impediment allowat be his ordinare; and quhair ony persoun is admittit to ma benefices havand cure sen oure soverane lordis coronatioun, the acceptatioun of the last salbe sufficient caus of deprivatioun from the remanent, sua that he be providit to tua or ma benefices havand cure sen the tyme of the said coronatioun; and nevertheles this present act sall not extend to ony persoun providit to his benefice befoir the said coronatioun, nather sall the bruking of the said office quhairunto he wes providit of befoir induce pluralitie of benefices in this cace, bot he sall alanerlie tyne his richt of the benefice quhairunto he wes providit sen the said coronatioun alanerlie, and unioun of kirkis to ane benefice not to be jugeit pluralitie, quhill farder ordour be establissit and providit in that behalf; likas alsua the personis being in the functioun of the ministrie that sall happin to be lawfullie and ordourlie convicted befoir our soverane lordis justice generall or utheris, thair jugeis competent of criminall causis, sic as treasoun, slachter, mutilatioun, adulterie, incest, thift,† perjurie or falset, they being likewayis lawfullie and ordourlie deprivit fra thair functioun in the ministerie be thair ordinare or the kingis commissionaris in ecclesiasticall causis, the benefices possest be the saidis personis to vaik be reasoun of the said convictioun and deprivatioun and this to have effect and executioun onlie for crymis, vicis, faltis and offenceis that sall happin to be committit efter the dait heirof.
[1584/5/12]*[print] [email] [cite] [preceding] [following]
The kingis majestie and his thrie estatis assemblit in this present parliament, earnistlie desirous that all his loving and guid subjectis salbe faithfullie instructit in the doctrine of thair salvatioun and that the ministeris of Godis word and sacramentis may the better and mair diligentlie attend upoun thair awin chargeis and vocatioun, thairfoir statutis and ordinis that all the saidis ministeris sall lawfullie await thairupoun, to the comfort and edificatioun of the flokis committit unto thame, and that nane of thame presentlie being in that functioun, or that salbe admittit thairto in tyme cumming, sall in ony wayis accept, use or administrat ony place of judicature in quhatsumevir civill or criminall causis, not to be of the college of justice, commissionaris, advocatis, court clerkis or notaris in ony materis (the making of testamentis onlie exceptit) under the pane of deprivatioun from thair benefices, levingis and functioun; and gif they failyie heirin, being callit, tryit† adjugeit culpable be thair ordinaris or the kingis majesties commissionaris in ecclesiasticall causis, they sall then tyne thair saidis benefices and levingis and utheris qualefeit personis salbe presentit and providit thairto, as gif they wer naturallie dead.
[1584/5/13]*[print] [email] [cite] [preceding] [following]
The kingis majestie and his thrie estatis assemblit in this present parliament ratefeis and apprevis and, for his hienes and his successouris, perpetuallie confirmis the declaratioun underwrittin maid be his hienes, with avise of his saidis estatis convenit in counsell, upoun the sevint day of September last bypast, of the quhilk the tennour followis:
Albeit the lait surprise and restraint of our maist noble persoun, perpetrat in August now bygane a yeir, wes ane crime of lesemajestie, haynous in it self, of dangerous sequell and maist pernicious exemple, meriting to be the mair aggravat that the greittest pairt of the committaris thairof, besidis thair allegeance and commoun dewtie of subjectis wer speciallie bound to us be monyfald benefitis and particulair obligationis, deserving thairby the grittar severitie and mair grevous punisment; yit we, being naturallie inclinit to mercie and according to our naturall dispositioun alwayis resolvit be clemencie to gif thame occasioun mair willinglie to returne to thair dewtie and be lufing and gentle demeanour, as it wer to deserve a mair assurit and voluntare obedience, and thairfoir have not onlie abstene from all rigour, bot also beside the custome of a maist clement prince, in privat spechis, publict answeris to severall ambassadouris directit towardis us be our darrest sister, the Quene of England, be our ambassadouris sent to hir, be diversis resolutionis in counsell and publict proclamationis, utterit our clemencie, promisit impunitie, offerit pardoun and full securitie of lyvis, landis and guddis to sic as wald akknawlege thair offence and returne to thair dew obedience, fullie satisfeand our selffis with sa moderat and slender declaratioun thairof as wes na wayis to thair hurt, lose or detriment, relenting the tymis† prefixt thairto and prorogating the same from tyme to tyme, and rather as ane fader seikand to recover his childrene, then ane soverane prince in ane comoun weill respecting his estate and suirtie, efter thair manifest disobedience, without ony proceding aganis thame, permittit sum of the ministeris and weill affectit baronis deall with thame, entrate thame and persuade thame thair dewtie, continowing (notwithstanding the wecht of thair crime and disobedience) of full intentioun that, be thair penitence, thair former offence and contempt suld altogidder be extinguissit and buriit in oblivioun. And albeit our clemencie and lang suffering hes not produceit sic effect, nor bene sua respectit be thame as they aucht, we have thocht guid to assemble oure nobilitie and estatis, be thair advise the mair solempnitlie to reiterat and fullie performe quhatsumevir we had in the word of a prince, and be advise of our counsell heirtofoir promittit and be thair advise to provyd substantiouslie, alsweill thair impunitie and full assurance with our honour and suirtie of† persoun and estate, and also to beir record of oure mercie and longanimitie, quhatsumevir sall happin heirefter be the behaviour of the saidis personis to ensew. And seing we have omittit na guid meanis nor left ony thing undone that culd be wissit in a godlie, maist cairfull and maist clement prince, we and our nobilitie and estatis have resolvit and heirby do declair that quhasoevir sall heirefter repyne, continow in thair disobedience and contemne oure clemencie and sa lang suffering, we, oure saidis nobilitie and estatis presentlie assemblit will tak sic ordour as oure honour, suirtie of persoun and estate sall require and thair stubburnes and proud contempt sall deserve, and sall prosecute the said crime and sequell thairof aganis all sic that ather hes or sall stubburnlie repyne, persist in thair disobedience, contemne our clemencie or refuse to aknawlege thair offence, and thair assistaris, fautouris and pairtakeris quhatsumevir, quhilk we do promit in the word of a prince, and oure nobilitie and estatis have solemnitlie sworne to hald hand and assist to thair uttermest, quhilk we will be enacted and registrat in the bukis of our previe counsell and publissit at all mercatt croces and utheris placeis neidfull of our realme; and that the samyn may have the better auctoritie, we and our nobilitie hes subscrivit thir presentis at Haliruidhous, the vij day of December 1583 yeiris. And als it is statute†be our soverane lord and his thrie estatis in this present parliament that nane quhilkis wer authoris or of the foirknawlege of the said maist treasounable deid sall presume in tyme cumming to occupy or bruik place in his hienes previe counsell or college of justice or in ony publict office of the estate of this comoun weill, or repair unto his hienes court and presence, not being expreslie send for be his majestie under the pane of incurring of his hienes† indignatioun. And becaus the lait treasounable rebellioun attemptit aganis his hienes persoun and estate is the sequell of the former committit at Ruthven, it is also statute and ordinit be his hienes, with advise of his saidis thrie estatis, that nane of his hienes subjectis in tyme cumming presume or tak upoun hand, be word or writt, to justefie and allow the said maist treasounable attemptat at Ruthven, or to keip in register or stoir ony bukis, ryme, act, band or writt quhatsumevir tending to the allowing and approbatioun of the same attemptat at Ruthven in ony sort, bot that the havaris of the saidis bandis, bukis, actis and registeris in thair handis bring in and present the same to his hienes and previe counsell betuix the dait heirof and the first day of Julii nixtocum, to be delete and cancellit under the pane of treasoun, with certificatioun to thame that faillies, panis of treasoun salbe execute aganis† thame without favour in exemple of utheris. Attour, forsamekle as the lait maist treasounable conspiracie and rebellious attemptat at the burgh of Sterling, and intendit to have bene farder execute and prosecute aganis his hienes persoun auctoritie and estate and the comoun quietnes of the haill guid subjectis within this realme, was unpossible to be interprisit and set furtherwart be the few numer that kythit and planelie shew thame selffis authouris and avowaris of that wikit deid, wer not the reset, supplie, confort, intercomoning and countinenceis of utheris, thair favoraris and conspiratouris in the samyn cryme, thairfoir, in horrour of the said treasounable fact and terrour to utheris to attempt the like, it is statute and ordinit be oure soverane lord and his† estatis assemblit in this present parliament that all personis that† hes reset, suppleit, intercomonit with the rebellis or† conspiratouris that laitlie in the moneth of Aprill last bypast surprisit his hienes castell and burgh of Striveling, or sic as wer with thame and publictlie assistit thame in thair rebellioun during thair abyding within the said burgh and castell, or efter the cumming of the Erll of Mar and Master of Glammes furth of Irland, and quhill thair fleing and intering agane within the realme of England, or hes sensyne or sall heirefter deall with thame, or that efter thair resait hes not nor sall not tak and present thame befoir his majestie and counsell, or quha hes writtin or ressavit writt or word fra thame be ony organe or instrument, direct or indirect, knowing of thair hant, moyan or traffique and kepit it secrete and unrevelit with all guidlie diligence, and all that hes aydit thame with horsis, viveris, cumpanie or convoy or reset thame in thair housis, ministring to thame help the better to accompleis thair foirsaid treasoun aganis his hienes persoun, nobilitie, counsell and croun, sall now, and in all tyme cumming, be esstemit, haldin† and adjhiugeit giltie of the treasounable deidis of the saidis rebellis, tratouris and conspiratouris and as committaris of the cryme of treasoun, and salbe callit, persewit and punissit thairfoir with all rigour, in exemple of utheris.
[1584/5/14]*[print] [email] [cite] [preceding] [following]
Forsamekle as it is understand to our soverane lord and his thrie estatis assemblit in this present parliament quhat great harme and inconvenient hes fallin in this realme, cheiflie sen the beginning of the civill trublis occurrit in the tyme of his hienes minoritie, throw the wikit and licentious publict and privat spechis and untrew calumneis of diversis his subjectis, to the disdane, contempt and reproche of his majestie, his counsell and procedingis, and to the dishonour and prejudice of his hienes, his parentis, progenitouris and estate, stering up his hienes subjectis thairby to mislyking, seditioun, unquietnes and to cast of thair dew obedience to his majestie, to thair evident perrell, tinsall and destructioun, his hienes continowing alwayis in luif and clemencie toward all his guid subjectis and maist willing to seik the saiftie and preservatioun of thame all, quhilkis wilfullie, neidles and upoun plane malice, efter his hienes mercie and pardone oftymis afoir grantit, hes not procurit to thame selffis be thair treasounable deidis to be cut of as corrupt memberis of this comoun weill; thairfoir it is statute and ordinit be our soverane lord and thrie estatis of this present parliament that nane of his subjectis (of quhatsumevir functioun, degrie or qualitie in tyme cumming) sall presume or tak upoun hand, privatlie or publictlie, in sermonis, declamationis or familiar conferencis, to utter ony fals, untrew or slanderous spechis to the disdane, reproche, and contempt of his majestie, his counsell and procedingis, or to the dishonour, hurt or prejudice of his hienes, his parentis and progenitouris, or to midle in the effairis of his hienes and his estate, present, bygane and in tyme cumming, under the panis contenit in the actis of parliament aganis makaris and tellaris of lesingis, certefeing thame that salbe tryit contravenaris thairof, or that heris sic slanderous spechis and reportis not the same with diligence, the said pane salbe execute aganis thame with all diligence,† in exemple of utheris. Attour, becaus it is understand unto his hienes and to his thrie estatis that the buikis of the Cronicle and De Jure Regni apud Scotos, maid be umquhill Maister George Buchannan and imprentit sensyne, contenis syndrie offensive materis worthie to be delete, it is thairfoir statute and ordinit that the havaris of the saidis tua volummis in thair handis inbring and deliver the same to my lord secretare or his deputis within fourtie dayis efter the publicatioun heirof, to the effect that the saidis tua volumis may be perusit and purgit of the offensive and extraordinare materis specifiit thairin, not meit to remame as accordis of treuth to the posteritie, under the pane of tua hundreth poundis of everie persoun failleing heirin; and quhair ony ar not responable to pay the said sowme, to be punisit in thair personis at our soverane lordis will. And to the effect that this ordinance may cum to the knawlege of all our soverane lordis liegeis, ordinis publicatioun to be maid heirof at the mercat croces of the heid burrowis of the schiris and utheris placeis neidfull, that nane pretend ignorance thairof, and the penaltie contenit thairin to be execute with all rigour aganis the havearis of the saidis bukis, the said space of fourtie dayis being bypast efter the publicatioun and proclamatioun of the said act in everie shire as said is.
[1584/5/15]*[print] [email] [cite] [preceding] [following]
Forsamekle as for the better triall of the last† maist treasounable conspiracie and rebellioun attemptit aganis our said soverane lord, his persoun and estate be Archibald, erll of Angus, Johne, erll of Mar, Maister Thomas Lyoun of Baldukie, maister of Glammes, and thair complices, and repressing of thair insolence efter thair taking of his majesties burgh of Sterling, his hienes, be avise of his counsell and officiaris of his estate resident with him for the tyme, directit syndrie proclamationis, lettres, chargeis and commissionis for convening of his subjectis in armis for recovering and taking of howsis, apprehending of personis giltie and suspect, and syndrie uther thingis maist necessar for the advancement of his hienes service for the tyme, quhill, at Goddis pleasour, the pretence of his disloyall subjectis was disapointit be the executioun of justice upoun sum to the deith, according to thair just deservingis, the remanent escaping and fleing out of the realme or as yit remaning coverit within the samyn; quhairfoir, the kingis majestie and his thrie estatis assemblit in this present parliament, findis and declaris the procedingis of his majestie, his counsell, and of officiaris usit and maid in the triall, prosecutioun and punisment of the said lait rebellioun attemptit aganis his hienes and his auctoritie as said is to be dewlie, worthelie and sufficientlie done and performit, and that his said counsell, officiaris and utheris guid subjectis assisting thame in the premisis hes done to his hienes guid, trew and thankfull service in that behalf.
[1584/5/16]*[print] [email] [cite] [preceding] [following]
Forsamekle as albeit the maist odious and treasounable crymis of the restraint and captivitie of the kingis majesties maist noble persoun, committit at Ruthven upoun the xxiij day of August, the yeir of God 1582 yeiris, and prosecute at diversis uther places thairefter quhill his hienes, be Goddis providence, relevit him self of that thraldome upoun the xxvj day of Junii, the yeir of God 1583 yeris, hes bene gratiuslie pardonit and forgevin be his hienes to the authoris and committaris thairof, nevertheles the principallis of thame conspiring of new in the monethis off November, December, Januar, Februar, Marche and Aprill last bypast, maist treasounablie consultit, intercomonit, devisit and concludit upoun the surprysing and taking of his hienes persoun, to have him of new in their handis and power, to be usit aganis his awin mynd and guid liking at thair will and appetite, and upoun the slauchter and destructioun of diverse noble men and utheris, his hienes counsalouris and faythfull subjectis, to the greit perrell of his persoun and subversioun of his estate and authoritie; and efter syndrie secrete conspiraciis, geving and ressaving of lettres, messages and intelligences for advancement of their maist wikit and treasounable conjuratioun, at last assemblit thame selffis and their complices in armis at the burgh of Sterling in the moneth of Aprill last bypast, seasit and surprisit the same, tuik and maid prisoneris of the baillies and magistratis thairof, fortefeit the stepill, brig, portis and dyverse utheris placeis of the said burgh, and stuffit and furnisit the same with men of weir, asseagit his hienes castell of Striveling, constraning the few numer of personis being thairin unprovidit to render the same, threatining thame with danger of present deith, and taking, using and keping of thame as prisoners, stoppit and impedit his hienes herauldis and utheris officiaris of armis directit to have proclamit and execute his hienes letteris at the mercat croce of Striveling to use the samyn lettres and reft and tuik thame fra the saidis officiaris, making seditious proclamationis of thair awin at the said mercat croce, full of untrewthis and calumneis, and for uptaking of bandis of men of weir to serve thame in their seditious and maist treasounable rebellioun, and in the end, fleing furth of the realme, left the said castell of Striveling stuffit and garnisit with men, munitioun and victuallis aganis his hienes and his authoritie, manifesting be thair actionis thair indurit, obstinat and malicious continowance in thair former maist treasounable attemptat of the surprise, restraint and keping captive of his hienes maist noble persoun, contemning and disdaning his graceis pardone and favour shawin to thame; quhairfoir our soverane lord, with avise of his thrie estatis in this present parliament, decernis and declaris that all alienationis, resignationis, dimissionis and utheris dispositionis quhatsumevir maid or to be maid be ony persoun or personis convict or that heirefter sall happin ony wayis to be convict or foirfaltit for airt and pairt of the treasounable withaulding and taking of his majesties toun and burgh of Sterling and castell thairof aganis his hienes and his auctoritie, of quhatsumevir landis, heretageis, offices, rowmis, benefices, takis set, or to be set, to thame or thair wyffis, bairnis, brether, sisteris or ony uther personis quhatsumevir, be colorit meanis and titillis, in defraud of oure soverane lordis eschaet, sen the tyme of the said treasounable surprise, restraint and captivitie of his hienes maist noble persoun attemptit at Ruthven upoun the xxiij day of August, the yeir of God jM vC fourscoir tua yeris foirsaidis, with all confirmationis, infeftmentis or utheris giftis maid and grantit be his hienes or ony uther superiouris thairupoun, betuix that day and his majesties releif foirsaid upoun the said xxvj day of Junii, the yeir of God jM vC lxxx and thrie yeris foirsaidis, ar and salbe of thame selffis null, and of nane effect, strenth, force nor availl in tyme cuming, with all that hes followit or that sall happin to follow thairupoun. Likas his majestie, with advise of his thrie estatis, decernis and declaris all giftis, provisionis and dispositionis of prelaciis, abbaciis, prioreis and nunreis, maid and grantit be his hienes to quhatsumevir personis, his hienes subjectis, upoun the resignationis or dimissionis of the present possessour of the same prelaciis, abbaciis, prioreis and nunreis, with reservatioun of thair awin lyfrentis during the tyme of his hienes restraint and captivitie foirsaid committit upoun the said xxiij day of August, the yeir of God jM vC lxxxij yeris, quhill his majestie, at Goddis pleasour, acquirit his awin libertie upoun the said xxvj day of Junii thairefter, to be likwyis null and of nave availl, strenth, force nor effect with all that hes followit or may happin to follow thairupoun.
[1584/5/17]*[print] [email] [cite] [preceding] [following]
The kingis majestie, remembering of the mony rebellious and treasounable deidis perpetrat aganis his majestie and thair† maist noble progenitouris, with the grittar audacitie and contempt, for that they have found the foirfaltouris led aganis sum personis, authoris of the like treasonis of befoir, reduceit and takin away in the minorities of his hienes and of the quene, his darrest mother, upoun the pretence of sum allegeit nullities found in the procesis, the principall causis and crymis, for quhilkis the saidis personis wer foirfaltit, not being purgit; for remeid of the quhilk abuse, and that all men may rather eschew to incur the feirfull spot of treasoun to thame selffis, thair housis, and posteritie in tyme cumming, it is statute and ordinit be our soverane lord and his thrie estatis in this present parliament that na process of foirfalture for treasoun comittit aganis the king and his estate alreadie standand in force, or that sall happin to be deduceit aganis ony personis for crymis of lesemajeste in tyme cumming, sall at ony tyme heirefter be reduceit for ony pretendit caus of nullitie that may be allegeit to be in the process, quhill first the caus and cryme for the quhilk the foirfalture wes led be frelie remittit to him be our soverane lord, or that he be purgit effectuallie and the partie tryit and found acquyt thairof; bot in cace it sall pleis his hienes or his successouris at ony tyme heirefter to restoir ony foirfaltit personis or thair posteritie, that sall onlie be grantit to thame be way of grace, and that na advocatis, writtaris or utheris, his hienes liegeis, presume or tak upoun hand to travell, solist or gif counsall in contrare the ordour appointit in this present act, without speciall warrand of his hienes and his thrie estatis in parliament, under the pane to be reput as favouraris and pairtakaris with tratouris and to underly the pane and punisment dew thairfoir.
[1584/5/18]*[print] [email] [cite] [preceding] [following]
The kingis majestie, considering that slauchteris, fire rasing and utheris odious crymis hes bene sa commounlie committit throw all the pairtis of this realme, and a greit part of the occasioun thairof supposit to be the ready granting of his hienes respettis and remissionis to the committaris thairof, upoun inoportune sutis maid to his majestie; thairfoir his hienes, remembring how grevous sic slauchteris, fire rasingis and utheris odious crymis ar in Goddis sicht and how offensive to the estate of the comoun weill of this realme, followand the guid and maist lovable exemple of his progenitouris† in like cace, at the instant requeist of his thrie estatis assemblit in this present parliament, and for the better eschewing of trespasis and enormities, the saiftie of his liegis and comoun proffit of his realme, of his speciall grace and favour, hes grantit and in the word of a king promittit to clois his handis and ceis fra granting of ony respettis or remissionis for ony maner of slauchteris, fire rasing and utheris odious crymis that sall happin to be committit for the space of thrie yeris nixtocum efter the dait heirof, that in the meantyme his realme may be put in peax and rule, and his liegis leif in suirtie; and gif ony remissionis beis gevin or grantit for auld actionis, that it salbe expremit and providit in the same that the trespas wes committit befoir this present parliament, and that his hienes and thesaurare† hes sene quhair the partie is assythit, and gif the contrare beis found, the remissioun or respet to be of nane availl.
[1584/5/19]*[print] [email] [cite] [preceding] [following]
The kingis majestie, with avise of the thrie estatis of this present parliament, having considerit how necessar it is to have ane reasounable numer of gentilmen to attend continowallie upoun his hienes persoun as his gard, hes thocht the numer of fourtie personis meit to be electit and interteneit for that effect, hable, honest and weill horssit and having sum reasounable levingis of thair awin, quhilkis, being sworne and admittit in his hienes service, sall be unremovable thairfra during thair lyftymis, without upoun worthie and greit causis they salbe justlie deprivit, everie ane of quhilkis fourtie personis sall have tua hundreth poundis†for thair intertenement thankfullie pait to thame at tua termes in the yeir, Witsounday and Martimes in winter, be equall portionis, beginnand the first termis pament at the feist of Martimes nixtocum in this instant yeir of God jM vC lxxxiiij yeris; and for suir pament of thair saidis wagis and intertenement, that thei sall† in defalt thairof be compellit to neglect or leif his hienes service, or his majestie to be frustrat and destitute of the samyn, his hienes, na wayis willing to lay the burding of thair said intertenement upoun his people be ony taxatioun or impositioun to be rasit upoun thame, quhairof he is maist willing to eis and releiff thame, bot to provyid the said intertenement utherwayis; thairfoir, with avise of his saidis thrie estatis, decernis, declaris, statutis and ordinis that of all the prelaciis and utheris inferiour benefices within this realme (lawit patronageis exceptit) now vacand or that heirefter sall happin to vaik, his majestie and his successouris sall have the first yeris fructis efter the deceis, foirfalture or deprivatioun of the last possessour, according as the said benefice salbe valuit in his hienes chekker be the auditouris thairof, to quhom, or ony fyve of thame, his hienes gevis and grantis full power, commissioun and authoritie to mak and set the extent and valew of all the benefices, small and great, within this realme in money, according to the quhilk the said first yeris fructis salbe pait, and that the haill yeir efter the vacance be expirit or than the first yeris fructis instantlie pait befoir ony gift, provisioun or presentatioun of the benefice be grantit; and als decernis, declaris, statutis and ordinis that of everie benefice valued to ane thowsand poundis in the yeir now vacand, or that sall happin to vaik heirefter, his majestie and his successouris sall have frelie pait to thame yeirlie twa hundreth poundis, beside the ordinare thrid, at the termes of Witsounday and Martimes, be equall portionis, and sua proportionally of everie benefice, alsweill abone as benethe the valew of ane thowsand poundis; and befoir ony persoun nominat to quhatsumevir benefice heirefter sall have his presentatioun exped and past the register or seallis, he sall find guid souirtie for pament, alsweill of the first yeris fructis as of the soume dew to be pait be him yeirlie to his hienes and his thesaurare in his majesties name, to his use and effect abonespecifiit; and during the haill space of the vacance of the saidis benefices, the said thesaurare to intromet and uptak the haill rentis, fructis proffitis and dewties thairof. Bot becaus the saidis first yeris fructis of the benefices presentlie vacand and sowmis appointit to be pait furth of the same yeirlie will not serve nor extend presentlie to the pament of the wages of his hienes gard, his majestie and estatis, considering of the nixt best help and provisioun and understanding that the conventis of the abbayis, prioreis and nunreis quhilkis of auld wer ordinit and accustomit to be sustenit upoun the rentis and fructis thairof ar, for the maist part, departit this lyf sen the yeir of God jM vC threscoir yeiris, nane or few utheris presentit be his majestie being enterit in thair places, bot thair portionis be thair deithis accrescing to the priouris, abbotis, commendataris or possessouris of the saidis abbayis, prioreis and nunreis be na law nor constitutioun yit establissit be his hienes and his saidis estatis, it is thairfoir found, declarit, statute and ordinit be his hienes and his saidis thrie estatis that, as the presentationis, giftis and dispositionis of his saidis prelaciis pertenis to his hienes be the richt and privilege of his croun, sa hes he guid richt and interes to crave, ressave, intromet and uptak all the portionis of the personis of the conventis of the saidis abbais, prioreis and nunreis that hes decessit sen the said yeir of God jM vC threscoir yeris, or that sall happin to deceis heirefter, quhill the same abbayis, prioreis and nunreis sall vaik and becum† in his hienes handis and dispositioun be deceis, foirfaltour or lawfull deprivatioun of the present possessouris thairof; and that his majestie, and his thesaurare in his name, hes, and sall have, guid actioun be law to crave, ressave, intromet and uptak the portionis of the personis of the saidis conventis alreadie decessit as said is, of the crop and yeir of God jM vC fourscoir thrie yeris last bypast and in tyme cuming, quhill the saidis benefices sall happin to vaik, siclike as the saidis personis micht have done thame selffis being on lyf; and that the lordis of counsell and sessioun or chekker direct sik lettres at the instance of the said lord thesaurair for answering and obeying to him of the portionis of the saidis personis decessit as is grantit for pament of the superplus of the thriddis of benefices.
[1584/5/20]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise and consent of the thrie estatis of this present parliament, hes ratefeit and apprevit and, be the tennour heirof, ratifiis and apprevis the act and statute underwrittin, and decernis the same to have strenth, force and effect of ane act of parliament, of the quhilk the tennour followis:
At Edinburgh, the penult day of Maii, the yeir of God jM vC fourscoir thrie yeiris, the quhilk day, in presence of the kingis majestie sittand in jugement and lordis of his hienes counsell and sessioun, comperit Maister David MacGill of Neisbit, advocat to his majestie, and in name of his hienes maist faithfull, humble and obedient subjectis, exponit and declarit how in the parliament haldin at Edinburgh the xx day of Junii anno lv yeris, be his majesties umquhill darrest guiddame Marie, quene dowriar and regent of this realme for the tyme, ane ordinance and act of parliament wes maid anent the slauchter of pairties in persute and defence of thair actionis, quhilk act, albeit in the self maist proffitable and necessare to have bene ane perpetuall law in all tyme cumming for repressing of proud and undantonit braggaris, boistaris and oppressouris of thair parties, yit wes the same onlie temporall for the space of thrie yeris efter the making thairof, quhilk act the said advocat, in name and for the caussis foirsaidis, desirit to be renewit and establissit in ane perpetuall law in all tymis cumming with the augmentationis following; upoun the quhilk desire our soverane lord, willing to follow the guid exemple and intentioun of his predicessouris for the reverence and incresce of justice and assurance of parties in persute and defence of thair actionis and executionis of the same, hes, with avise of the saidis lordis of his counsell and sessioun, ordinit, decernit and declarit that fra this day furth, in all tymis cumming, gif it sall happin ather the defendar or persewar to sley or wound to the effusioun of bluid, or utherwayis to invade ane of thame ane uther in ony sort, quhairupoun they may be criminallie accusit efter the rasing of summoundis or preceptis and lawfull executioun thairof, or in ony tyme befoir the compleit executioun of the decrete to be gevin thairupoun, the committar of the slauchter, blude or invasioun foirsaid, or being art, pairt, red or counsell thairof, gif it be the defendar, salbe condampnit at the instance of the persewar, or, incase of his deceis, of the narrest of the kin of him that is slane, woundit to the effusioun of his bluid or invadit, haveand richt thairto, without ony probatioun of the libell persewit, excepted summar cognitioun to be tane of the slauchter, bluidshed or invasioun befoir the justice or uther criminall juge competent thairto, be convictioun or being fugitive and put to the horne; and gif the decrete be gevin, the same to be unreduceable for evir; and gif the persewar sley, wound to the effusioun of bluid or invaid the defendar as it is abonewrittin, or be airt, pairt, red or counsall thairof, cognitioun being tane as said is, in that cace the defender, or in cace of his deceis the narrest of his kin hable to succeid in that richt, sall have absolutioun fra the libell of the persewair simpliciter, aganis the quhilk the persewair nor na uther be his richt sall ever be hard be way of reductioun or restitutioun in integrum in ony tyme theirefter, quhair† aige, conditioun or qualitie that ever the sleyar, drawar of the bluid or invadar foirsaid be of, the proces of transfering in the causis abonewrittin respective to be upoun ane fyvetene dayis wairning, but dyet, table or continewatioun of utheris summoundis; and gif the sleyar, sheddar of bluid or invadar as said is have landis and lyfrentis and beis denunceit rebell and put to the horne for non finding of souertie or non comperance to underly the law for the said slauchter, bluidshed or invasioun, in that cace the sleyar, sheddar of bluid or invadar incontenent efter the denunciatioun sall tyne the lyfrent of his landis, benefice, office and utheris rentis end commodities quhatsumevir for his lyftyme, without ony farder delay of yeir and day as in uther causis of tinsell of lyfrentis throuch being yeir and day at the horne. Attour, our soverane lord, be the faith and dewtie of ane Christiane prince, promisis to gif na respect nor remissioun to the offendaris in sic causis; and gif his majestie or his successouris dois in the contrare (as is not belevit), the using of the said respett or remissioun be ony of the saidis parties, persewar or defendair, salbe the like caus and of the samyn effect as thair convictioun for the caus abone specefeit; and this act and ordinance to induir for the space of sevin yeris immediatelie thairefter, and to be confermit in his hienes nixt parliament, to have the strenth and effect of ane act thairof and to be observit as ane perpetuall law in tyme cumming.
[1584/5/21]*[print] [email] [cite] [preceding] [following]
Oure soverane,†with avise and consent of his hienes thrie estatis of this present parliament, hes ratefiit and apprevit and, be the tennour heirof, ratefiis and apprevis the act and statute underwrittin, and decernis and declaris the same to have strenth, force and effect of ane act of parliament, of the quhilk the tennour followis:
At Edinburgh, the xxiij day of Marche the yeir of God jM vC fourscoir twa yeris, the quhilk day, in presence of the kingis majestie sittand in jugement and lordis of his hienes counsell and sessioun, comperit Maister David MacGill of Neisbit, and in his awin name, as advocat to his hienes, and in name of his majesties maist faithfull, humbill and obedient subjectis of his realme, exponit and declarit how it wes hevelie meanit be his majesties said subjectis that efter the tedious, chargeable and langsum persute in obtening of thair decreitis, the malice of personis had daylie sua increscit be making of simulat and fals assignationis of thair movable guidis, fraudfull and privat alienationis of thair possessionis, landis and heretageis that the executioun of the decreitis gevin be quhatsumevir jugeis within this, his hienes realme, althocht obtenit be maist langsum proces, wer altogidder frustrat, at leist sua delayit that parties wer in na better cace efter the obtening of thair saidis decretis, nor gif the samyn had not bene gevin, the saidis manifest fraudis and daylie inventit collusionis being the stay of justice, quhairof the principall pairt standis in executioun; for remede of the same, consideratioun being tane be his majestie, with avise of the lordis of his hienes counsell and sessioun, to quhome be his majesties maist noble progenitouris, King James the Fift of guid memorie, serectar of the college of justice, with consent of parliament, the concluding upoun rewllis, statutis and ordinancis for expeditioun of justice wes comittit, thairfoir, his hienes, with advise and consent foirsaid, hes statute and ordinit that for executioun of all decreitis, alsweill gevin be the saidis lordis in ony tyme bygane as to be gevin in tyme cumming, and siclike of decretis gevin or to be gevin be quhatsumevir jugeis within this, his majesties realme quhairunto the authoritie of the saidis lordis of sessioun hes bene or sall happin to be interponit, that lettres alsweill of horning as poinding, the ane not prejudiciall to the uther, salbe directit at the will and pleasir of the pertie obtenar of the decrete, quhidder the same be gevin upon liquidat sowmis, or that the executioun thairof utherwayis consist in facto, and that na suspensioun be grantit upoun the executioun of the saidis decreittis without reall offer be first maid to the pairtie in quhais favouris the executionis of the saidis decreittis is directit, and the pairties refuis sufficientlie verifiit to the saidis lordis, consignatioun alwayis being maid as use is; and that according to thair lait statute and ordinance, quhilk his majestie, with all utheris thair statutis and ordinancis maid for expeditioun and executioun of justice, ratefeit and apprevit, providing alwayis that consideratioun be had upoun the space and dayis of the chargeis, and that according to the distance of the defendaris duelling places and the quantitie of the sowmis contenit in the saidis decreittis.
[1584/5/22]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise of his thrie estatis convenit in this present parliament, ratefeis, apprevis and, for his hienes and his successouris, confermis his hienes nominatioun and constitutioun of his richt traist cousigne and counsallour James, erle of Arrane, lord Avane and Hammyltoun, to use and exerce the office of chancellarie of this realme, alsweill in parliamentis, previe counsell as sessioun, during the absence and nonresidence of Coline, erll of Argyill, lord Campbell and Lorne, his hienes chancellare, and siklike ratefeis, apprevis and confermis the gift and commissioun gevin and grantit be his majestie to his richt traist cousigne and counsallour Johne, erll of Montroise, lord Grahame, of the office of thesaurare of this realme, and to Schir Robert Melvill of Murdocarnie, knicht, of the office of deputrie and clerkship in the said office of thesaurarie, and of the gift and commissioun of the office of secretarie maid be his majestie to his trustie and weilbelovit counsalour Schir Johne Maitland of Thirlstane, knycht; and willis and ordinis thame to use and exerce the saidis offices, everie ane in his awin place, faithfullie and diligentlie, induring thair lyftymis, according to the giftis maid unto thame, as they will answer to God and his majestie thairupoun; and decernis and declaris that they sall not be removable from thair saidis offices in tyme cumming, bot for just and worthie causis tryit be his hienes and his estatis in parliament.
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Oure soverane lord and his thrie estatis assemblit in this present parliament ratefeis and apprevis and, for his hienes and his successouris, perpetuallie confermis the act maid be King James the Secund of worthie memorie, intitulit 'That na man cum to courtis bot in sober maner', as also the uther act maid in the regiment of his darrest guiddame, Marie, quene dowriar and regent of this realme, anent the cumming to the bar in† persute and defence in criminall causis, and ordinis the saidis actis to be inviolablie kepit and to be put to executioun in tyme cumming, with this additioun: that nane of his hienes subjectis repair to courtis, and in speciall to his hienes justice court, or utheris justices quhatsumevir, for criminall causis, bot be sic numer and cumpanie as the saidis actis providis, under pane of incurring of the cryme of convocatioun of our soverane lordis liegis, to be execute alsweill upoun the personis quha sall happin to mak the said convocatioun or quha salbe convocat, with all rigour; and forder, for reformatioun of the trublis and tumultis quhilk hes fallin out and continowallie growis be the assembling of our soverane lordis liegeis, to fortifie and assist the persute and defence of criminall causis movit befoir oure soverane lordis justice, quhairupoun great inconvenientis hes followit, to the contempt of justice, hinder of the cours of the commoun law and punisment of offences, it is statute and ordinit in all tyme cumming, quhen ony lettres sall happin to be direct for ony cryme or offence to ane particulair dyett, that the partie, raseris and purchessaris thairof, at the finding of thair cautioun, report the lettres dewlie execute and indorsat at the day appointit sall also find cautioun to the justice clark and his deputtis actit in the bukis of adjornall, that thei sall not enter in the tolbuithe or place quhair the said justice court salbe haldin, bot accumpaneit with the numer of personis specifiit in the former act of parliament maid thairanent, comptand thairin thair prelocutouris, quha alanerlie sall remane with thame quhill thair departing furth of the place of justice, under the like pane quhilk they wald and suld have incurrit incace the saidis lettres had not bene reportit dewlie at the day dewlie execute and indorsit, and siclike that the saidis lettres to be rasit to particulair dyettis for causis criminall bear this claus, commanding the officiar to charge the personis dilatit and complenit upoun to find sikker souertie to the said officiare, executour, within sex dayis nixt efter they be chargeit that they sall compeir the day and place contenit in the saidis letteris, accumpaneit in sober maner with thair domestique and howshald servandis, and that in the toun of the resort of the said justice they sall behave thame selffis in quyett maner, onlie accumpaneit as said is, and enter in the tolbuithe or place quhair justice salbe haldin accumpaneit onlie with the† personis specifeit alanerlie in the former act of parliament, comptand thairin thair preloquutouris, quha sall onlie remane with thame in the said tolbuith or place quhair justice sall be haldin, quhill the court be endit, quhilk souertie salbe takin under this conditioun: that gif the pairtie, defendair, utherwayis compeir or present him self in the place of justice and be found with ony grittar numer nor is befoir specifiit, their souerties salbe unlawit as gif they had not comperit, and the parties, defendaris, quha hes found the said souertie salbe adjugeit fugitive fra the law and put to the horne, and thair eschaetis inbrocht be reasoun of the exces of the said numer in the samyn maner as gif they had not comperit; and siclike quhatsumevir personis salbe found in the said tolbuithe or place quhair justice sall be haldin, the justice and his deputtis for the tyme sall mak record in the bukis of adjornall of thair presence in companie with ony of the parties attour the said numer apointit, and immediatlie thairefter sall direct his precept to denunce the saidis personis rebellis and put thame to the horne and ordine thair movable guidis to be eschaet and inbrocht to our soverane lordis use for thair contemptioun; and als it is statute and ordinit that in all the premisis the denunciationis to be maid at the marcat croce of the heid burgh of the shire quhair the said justice court salbe haldin alanerlie, and the proces of horning registrat in the bukis of adjornall salbe als sufficient as gif the said denunciatioun wer maid at the marcat croce of the heid burgh and as gif the said proces of horning wer registrat in the shereffis bukis of the shire quhair the personis denunceit dwellis, notwithstanding the act maid of befoir anent the registratioun of horning in the parliament haldin at Edinburgh, the xxiiij day of October, 1579.
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The kingis majestie and his thrie estatis of parliament, upoun great and wechtie considerationis moving thame tending to the repressing of treasounable attemptatis and punisment of the committaris of treasoun, and upoun consideratioun how rigoruslie the same hes bene punissit, as clearlie appearis be diversis actis and constitutionis maid in his awin tyme and in the dayis of his hienes maist noble predicessouris, speciallie in the dayis of King James the Secund of maist noble memorie, not onlie be tinsell of lyif, landis, guddis, honour and dignitie in the personis of the committaris thairof, but also of the posteritie begottin of thame, that thair bairnis, ather naturall or lawfull, suld nawayis be hable to clame ony landis, rowmis nor possessionis within this realme, nor be ony wayis hable to succeid to ony persoun in thair landis or heretageis, as in the act maid in the tyme of the said King James the Secund in his parliament haldin and begun at Edinburgh, the nynt day of Junii, the yeir of God jM iiijCfiftie fyve yeris, and of his regnne the xix yeir, and in the act maid be our soverane lord and his thrie estatis in the parliament begun at Edinburgh, the xx day of October, the yeir of God ane thowsand fyve hundrethe thriescoir nyntene yeris, ratefeit and apprevit in his last parliament haldin and begun at Edinburgh, the xxiiij day of October, the yeir of God ane thowsand fyve hundrethe fourscoir ane yeris, with certane additionis specefeit thairin at mair lenth is contenit; quhilkis actis and constitutionis his majestie, with avise of his saidis thrie estatis, hes ratefiit and apprevit and, be the tennour heirof, ratifiis and apprevis in all clausis, pointis and articles of the samyn concerning the personis standing under the sentencis of foirfalture specifiit in the saidis actis†to have full executioun and force aganis the bairnis quhatsumevir, naturall or lawfull, ingenerit and begottin of Williame, sumtyme erll of Gowrie, quha wes laitlie convict for certane crymis of treasoun and lesemajestie committit be him, as in the said proces and dome of foirfalture, ratifiit and apprevit in this present parliament, at mair lenth is contenit, that thei nor nane of thame salbe hable in ony tyme cumming to bruik, injoy or clame ony landis, heretageis, benefices, rowmis and possessionis, honouris, dignities or offices within this realme, howsoevir and quhensoevir the samyn wes conqueist and providit to thame befoir the dait heirof, and that they ar and salbe unlawfull† to succeid to ony utheris in ony landis, heretageis or possessionis quhatsumevir maner of way, and that all and syndrie landis, heretageis, benefices, rowmis and possessionis quhatsumevir to the quhilkis the bairnis of the said posteritie presentlie hes or may pretend richt, or to the quhilkis they or ony of thame may succeid heirefter, appertenis and sall appertene to our said soverane lord† be full richt, and that his hienes may frelie dispone thairupoun in the same maner and be all thingis as gif the said umquhill Williame, sumtyme erll of Gowrie, the tyme he wes convict of the saidis crymis of treasoun, had him self bene in title thairof, and that the benefices, giff ony be possessit be the bairnis of the said posteritie, ar presentlie vacand in his hienes handis be thair inhabilitie, and that his hienes hes full richt and power to dispone thairupoun be the same maner and conditioun in all respectis as gif the personis of the said posteritie, present possessouris thairof, wer naturallie dead.
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Item, our soverane lord, with avise of the thrie estatis of this present parliament, ratefiis and apprevis all and syndrie†statutis maid be his hienes and his predicessouris concerning the measure of salmound, hering and quheit fish, gageing, burning and measuring thairof, and to the effect the saidis actis may be the better kepit, and for eschewing of defraud of the saidis measuris and of fals and unjust paking of salmound, hering and quhit fish, quhilk is mekle usit be unfremen, fisharis and utheris slayaris of the said fische, to the great hurt of unfremen,† burgesis and merchandis and haill commoun weill of this realme; thairfoir it is statute and ordinit that thair be ane just measure and standert for the salmound maid be the burrowis, conforme to the auld actis of parliament, and the samyn to remane at the burgh of Aberdene, and siclike that thair be ane just standert and measure for hering and quheit fish, quhilk salbe brint and remane in the keping of the provest and baillies off Edinburgh, and that all salmound treis, hering treis and quheit fish treis universallie throw the realme salbe of the measure and gage foirsaid, and that ilk burgh sall ressave ane patroun of the gage and measure foirsaid and sall caus thair cowparis within thair boundis to mak thair treis conforme to the said measure, and the same to be brint be the toune irne and cowparis irne on baith the endis and upoun the stop beside the bung; and incace ony salmound, hering or quheit fish be pakit in uther treis nor of the just gage foirsaid, brint and markit as said is, the samyn salbe eschaet to our soverane lord; and ordinis the principall stapill of salmound fra Die northe to be at the burghis of Aberdene and Elgine, and the principall stapill of hering and quheit fish slane be the inhabitantis within the watter of Forthe to be in Leithe, within the privilege and fredome of the burgh of Edinburgh, and within the port and hevin of Creill, and the stepill of salmound hering and quheit fish slane benorthe Fyvisnesis to the watter of Die to be at Dundie or Perth, and that the saidis proveist and baillies of Edinburgh, Aberdene, Craill, Elgine, Perthe and Dundie sall appoint ane discrete man to be visitour, wraker, gagear and birnar of the saidis treis, and appoint to him ane ressounable duetie for† ilk last thairof for his lawbouris, that all unfremen, fisharis and slayeris of hering and quhytfish duelland within†the watter of Forthe on baithe the syidis to the watter mouth of Tay bring thair hering and quheit fishe to be slane be thame in tyme cumming to the portis of Leithe or Craill, and at the west syid to Air and Dumbritane, devidand the boundis betuix and the Clochestane, thair to be gageit, markit and sawld to the frie burgesis of this realme, and that na fisharis or utheris unfremen sell thair said hering or quheit fishe to ony strangeairis or unfremen, or carie the same furth of this realme to ony uther cuntreis to be sauld be thame selffis, under the pane of eschaeting of all thair movable guidis, the ane half to oure soverane lordis use and the uther half to the burrowis quha sall convict thame be vertew of thair commissionis.