[1593/4/51]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament, considdering the dalie incres of his hienes chargis and expenses and diminutioun of his hienes rentis of his propirtie and commodities throw unproffitable dispositionis maid thairof in tyme bygane, thairfoir thinkis expedient that the landis and lordschippis undirwrittin be annexit to the croun and presentlie annexis the same thairto, followand the example of his predicessouris for the honorable support of his estait, and the same landis, lordschippis and utheris heireftir specifiet to remane perpetuallie with the croun, quhilkis may nather be gevin away in frie franctenement, pensioun or ony uther dispositioun to ony persoun of quhat estait or degrie that evir he be off, without advise, decreit and deliverance of the haill parliament; and for greit ressonable caus concerning the weilfair of the realme, first to be advysit and digestlie considderit be the haill estaitis. And albeit it salhappin oure soverane lord that now is or ony of his successouris kingis of Scotland to annalie and dispone the saidis lordschippis, landis, castellis, townis, donationis and advocatioun of the kirkis and hospitallis, with the pertinentis annext to the croun as said is, utherwayis that the same alienatiounis and dispositionis salbe of nane availl, bot that it salbe lesum to his hienes and his successouris to ressave the same landis and rentis to thair awin use quhenevir it lykis thame, without ony process of law, and the takaris to refound and pay all proffittis that thay have taken up thairof agane to his hienes and his successouris use for all the tyme that thay have haid thame, with sic uther restrictionis as ar contenit in the actis of parliament maid be his maist noble progenitouris kingis of Scotland in thair annexationis to the croun, thay ar to say the landis of Bewfort, the landis of Pettindreicht, the landis of Coull, the landis of Oneill, the landis of Fettircarne, the landis of Teling and Polgavie, the landis of Colbrandispeth, the erledome of Merch, the landis of Trabeauch and Terrinyeane, the landis of Carrik, Lesualt and Mennybrig, the landis of Cowell, the lands and lordschip of Galloway, abone and beneth Crie, the landis of Duncow, the castell landis of Lochmaben, the landis of Glenchurny and Glenmoreistoun, the landis of Discher and Toyer, the landis of Kinclevin, the lordschip of Menteith, the landis of Rosnyth, the landis of Bute, the landis of Ruthven in Cromar, the assyis hering in the eist and wast seis, the lordschip of Dunbar, the landis of Normangill, Quhitgill and Southwod, the landis of Dundonnald, the kingis werk in Leith, the kingis stable, the kingis medow, the palice yardis and park of Haliruidhous, the lordschip of Linlithgw, without prejudice of the former annexationis of the landis and lordschippis abonewrittin, or ony of thame gif ony be maid ofbefoir, with tennentis, tenandries, service of frie tennentis.
[1593/4/52]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratifies, apprevis and confermis all and sindrie constitutionis and actis of parliament maid ofbefoir be oure said soverane lord and his predicessouris and estaitis in parliament anent the privilegeis, liberties, immunities, fredomes, giftes, infeftmentis of annuellis, landis and utheris commodities quhatsumevir maid, gevin and grantit be oure said soverane lord or his maist noble progenitouris in ony tymes bygane to or in favouris of burrowis and communities thairof; as also of all uther landis, annuelrentis and commodities foundit to the sustentatioun of the ministrie and hospitalitie within the same. And that this present act be of als sufficient force and strenth in all respectis to the saidis burrowis, and everie ane thairof, the communities and inhabitantis of the samyn and thair successouris, as gif the saidis privilegis, infeftmentis, fundationis and utheris abonewrittin wer in thir presentis speciallie expressit.
[1593/4/53]*[print] [email] [cite] [preceding] [following]
Item, becaus thair is na executioun on burrow actis bot onlie warding and poynding, quhilk is not onlie a greit truble to the magistratis bot hurt and defraud to the pairtie, in respect sindrie absentis thair geir, uther respectis not warding, and that the suting of lettrez conforme is baith sumpteous to the persewar and hindersum, the decreittis being gevin oftymes for small sowmes, thairfoir oure said soverane lord, with consent of the estaitis, decernis that the lordis of counsaill and sessioun sall direct lettres of horning on all decreittis and actis gevin be provest and ballies of burrowis inter concives, and all utheris subject unto thair jurisdictioun upoun the sicht thairof and executioun of the officiar chairgeing the pairtie, to mak payment within xv dayes, lyk as is grantit upoun commissaris preceptis, and that the saidis lettrez of horning proceid upoun ane sempill charge of ten dayes allanerlie.
[1593/4/54]*[print] [email] [cite] [preceding] [following]
Forsamekle as the oversicht and negligence of the civile magistratis and jugeis ordiner within this realme in putting of decreittis to executioun, punisching of malefactouris and rebellis and utherwayis using of thair offices as becumis, pairtlie for regard and feir of strang parties and hazard of thair awin lyves, and pairtlie throw want of sufficient preparatioun for that effect, is the originall and principall caus quhairfra the greit confusioun and disordour of this land in all estaitis proceidis; and seing the burgh of Edinburgh is the cheif place quhairin greitast confluence of people is, alsweill of the nobilitie and gentilmen as of utheris resorting thairto, thairfoir and that the said provest and ballies thairof ar daly chargit be vertew of thair offices, ather at command of lettrez past be deliverance of the lordis of secreit counsaill and sessioun, or be privat and particuler warrandis furth of the kingis majesties awin mouth, be missive lettrez or utherwayis, to tak and apprehend personis of all estaitis quha hes contravenit his majesties lawes, and to incarcerat, keip and hald thame in sure ward quhill justice be ministrat upoun thame as accordis of the law, under the panis of tressone, rebellioun and putting of the saidis provest and ballies to the horne and uther the lyk greit panis, for eschewing the dangeris quhairof that ar constranit with sic reddines and promptitude of obedience as becumis be thame selffis in propre persoun, thair officiaris and utheris in thair names, to serche, seik and tak and apprehend the saidis rebellis and to incarcerat thame as said is, nevirtheles, sic is the malice and insolence of all men for the maist pairt, alsweill of certane inhabitantis within the said burgh as of utheris, that ather of thame, associating thame selffis withutheris, regardis not to mak insurrectioun aganis the saidis provest and ballies and his hienes authoritie and hes done thair utter power to deforce thame in executioun of thair offices, quhairfoir, and in respect of the frequent assemblies of the nobilitie and utheris his majesties leigis within the said burgh to parliamentis, justice courtis, counsaillis and utheris conventionis, quhairby it pleises his majestie, for eschewingof greit trubles and dyvers inconvenientis quhilkis may occur be occasioun of deidlie feidis betuix greit parties, to command the saidis provest and ballies in thair awin persoun to gaird within the said burgh nicht and day as occasioun requiris to thair greit travellis and expenses and panis, beside that dyvers honest personis, inhabitantis of the said burgh, hes bene slayne, mutilat and hurt in the said service, necessair and expedient it is that sum guid and substantious remeid be providit for redressing the confusioun and disordour abonewrittin to the glorie of God, the establisching of peax and quietnes within this realme and keping of the inhabitantis thairof under his hienes obedience, thairfoir the kingis majestie and estaitis of this present parliament, having consideratioun of the premises with the guid, trew and faithfull service done be thame to his majestie in all tymes bygane, statutis and ordanis that na persoun nor personis of quhat state or degrie that evir thai be of presume or tak upoun hand to disobey or contravene the commandiment and charge of the saidis provest and ballies of Edinburgh present and to cum in the executioun of thair offices, quhen as thai proceid immediatlie be command and directioun of his hienes, be vertew of lettres, be deliverance of the lordis of secreit counsaill, sessioun or be statute and ordinance of the consaill of the said burgh or be thair awin authoritie and power, aggreand alwayis with thair awin liberties and privilegis and not prejugeand the liberties and privilegeis of utheris; and that na persoun nor personis attempt nor do ony violence to thame or thair officiaris in thair name in the executioun of thair saidis offices; certefeing thame and ilk ane of thame that dois the same, thay salbe repute and haldin as committaris of deforcement, seditious personis and perturbaris of the commoun weill of this realme, and be punist thairfoir in thair personis and guidis with all rigoure in example of utheris according to the lawes of this realme. Attour, his hienes and estatis foirsaidis, for the better performig of the premises and defence of the kirk of God within this land now in thir perrellous dayis, be the tennoure heirof, gevis, grantis and committis to the saidis provest and ballies and thair successouris frie libertie, full power and authoritie to convocat and assemble thame selffis in armour and to lift and rais men of weir for dalie, oulklie and monethlie wageis and to beir and use hagbuttis and uther armour quhatsumevir at all tymes quhen thai sall think expedient, for the quhilk na cryme nor offence salbe imput to thame nor thair successouris nor sall not be callit nor trublit in thair personis or guidis civilie nor criminallie thairfoir in ony tyme cuming, nochtwithstanding of ony proclamatioun maid in the contrair and all panis contenit thairintill; provyding alwayes that the occasioun thairof be first signifiet to the kingis majestie, to the effect that the same may be done of his majesties knawlege and allowance. And gif it salhappin ony persoun or personis of quhatsumevir degrie thai be off or utheris being in cumpanie with thame to be slayne, mutilat or hurt resisting, withstanding and deforceing of the saidis provest and ballies present and to cum in the executioun of thair saidis offices in maner foirsaid; and als gif it salhappin ony persoun or personis to be hurt, slayne or mutilat in redding and putting sindre perties meitand in armes within the said burgh of Edinburgh, thay alwayes redding the saidis perties with lang waypynnis allanerlie and not be schuitting of hagbuttis and pistolettis at ony of the parties, in that caces and ather of thame the saidis provest, ballies, counsaill and communitie of the said burgh nor thair successouris nor na utheris being in company withthame and assisting thame in the executioun of thair saidis offices salbe onywayis callit, trublit, persewit or molestit criminallie nor civilie thairfoir in thair personis or guidis in ony tyme thaireftir, dischargeing thairfoir his hienes advocattis, justices generall, thair depuittis and clerkis, colonellis, schireffis and all utheris officiaris and ministeris of his majesties lawes present and to cum off all calling, accusing, trubling, molesting, arreisting, following and persewing of thame or ony of thame for the causes foirsaidis and of thair offices in that pairt according to all equitie and justice.
[1593/4/55]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advise of his estaitis in this present perliament, ratifies, apprevis and confermis ane act maid in his hienes last parliament anent the non transporting of calf and kid skynnis and hudderonis furth of this realme, and declaris the same to be als effectuall and sufficient as gif the same war insert heirin word be word, notwithstanding the same is not insert. Anent the quhilk, his majestie, with avise foirsaid, be thir presentis dispenses for evir, with this additioun: that his majestie and estaitis of this parliament, understanding how necessair and proffitable the schurling skynnis ar for lyning cuschenis, making of pokis, lyning powchis, gluiffis and clething of the puir and utherwayis serving to dyvers uther uses to all his majesties leigis, quhilkis be the transporting and carying of the same furth of this realme ar becum to ane exorbitant derth that thairthrow not onlie the skynaris ar grytumlie hurt and prejudget be inlaik of the ledder thairof quhairwith to wirk, as also his majestis importis na profite thairof be custume nor utherwayis, bot alsua all utheris his hienes leigis ar grytumlie hurt and prejudgeit thairin; thairfoir it is statute and ordanit that na merchand, craftisman or uther persoun or personis cary or transport ony of the saidis schurling skynnis nor uther skynnis abonementionat furth of this realme under the pane of confiscatioun of samony as salhappin to be apperhendit, the ane half thairof to be confiscat to oure soverane lordis use, and the uther half to the pairtie that apprehendis the same, and forder punisement of the personis transportaris and contravenaris of this present act in persoun and guidis according to his majesties plesour.
[1593/4/56]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and his estaitis in this present parliament statutis and ordanis that his hienes salhave tuentie schillingis of custume of every twn of beir brocht in this realme in tyme cuming, efter the dait heirof.
[1593/4/57]*[print] [email] [cite] [preceding] [following]
Forsamekle as oure soverane lord and estaitis of this present parliament, having considderit how necessair and expedient it is that the power and jurisdictioun of the deane of gild and thair counsaill within burgh be approvit and allowit as it is now usit in the toun of Edinburgh, quhilk is to the greit furtherance of justice to oure soverane lordis leigis in all materis and actionis concerning merrchandis betuix merchand and merchand and betuix merchand and mariner, quhilkis actionis aucht not nor suld not byd delay bot be exped and decernit be the deane of gild and his counsaill summarlie as men chosin and appointit yeirlie be the counsaill of the burgh maist apt and able to juge and decerne in all actionis concerning merchandis as said is; tuhairfoir oure said soverane lord, with advise of the estaitis in this present parliament, ratifies and confermis the jugement of the said deane of gild and his counsaill in all actionis concerning merchandis as the same is sett doun be the provest, ballies, counsaill and deconis of the burgh of Edinburgh and to have full strenth and effect in all tymes according to the lovable forme of jugement usit in all the guid townis of France and Flanderis, quhair burses ar erected and constitute, and speciallie in Paris, Rowen, Burdeaulx, Rochell, and the particular forme thairof to be sett doun agane in this present perliament.
[1593/4/58]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding dyvers of the maist ancient burrowis within this realme to be greitlie decayit be want of traffique and sic uther helpis quhairby thay wer mentenit ofbefoir, having small commoun guid and patrimonie, not able to interteney the publict occasioun of his hienes service in parliamentis, conventionis of burrowis and utheris necessair adois and assemblies, intervening for the publict estait of the realme, farless to interteny the quiet and gude estait of the saidis burrowis in peace and weir, and nevirtheles be procurement of particular personis affecting thair privat commoditie and nawyis respecting the weill publict the small patrimonie aptening to the burrowis hes bene convertit and desyrit to be convertit to particuler uses, to the quhilkis the same was nevir convertit of befoir, makand thairby the inhabitantis of the saidis burrowis (quha ar becum alreddie depauperat) to be unhable ather for his hienes service or to sustene the estait of the burgh, and that under pretext of certane pretendit commissionis purchest fra his hienes, with decreittis, sentencis and ordinances interponit thairto; for remeid quhairof, his hienes, with advise and consent of the estaitis of this present parliament, has decernit, concludit and ordanit and be thir presentis decernis, concludis and ordanis that the commoun guid and patrimonie of the saidis burrowis† salbe yeirlie bestowit at the sicht of the magistratis and counsell of the saidis burrowis to the doing of the commoun effayres thairof allanerlie after the yeirlie rowping and setting thairof as use is, conforme to his majesties former actis and statutis maid anent the employing of the commoun guid within the saidis burrowis, and that the samyn be na utherwayis bestowit or convertit to quhatsumevir use or alteratioun maid thairanent in haill or in pert nochtwithstanding of quhatsumevir commissioun, charge or directioun gevin be his majestie at ony tyme heirtofoir be procurement of particuler parties in the contrair, and notwithstanding quhatsumevir statute, ordinance or decreit following or proceding thairupoun, quhilkis commissionis, chargis, decreittis and ordinances, with all that hes followit or may follow thairupoun, his majestie, with avise foirsaid, expreslie reducis, retreittis and rescindis be thir presentis, and ordanis publicatioun to be maid heirupoun to all and sindrie his hienes leigis, that nane of thame pretend ignorance, in forme as effeiris.
[1593/4/59]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament, considdering that according to the lovable custume and auncient lawes of his hienes maist noble predicessouris of worthie memorie, thair being na thing samekle to be respectit in a reformit commoun weill, baith in tyme of peax and weir, as the guid and sufficient estait of the hous of justice, utherwayis callit the tolbuith, togidder with the wallis and portis of the principall townis thairof, maist meit and expedient, thairfoir it is now, in this perrellous aige, that the hous of justice, utherwyis callit the tolbuith of the burgh of Edinburgh, being the supreme hous of justice within this land, with the portis and wallis circuit about the same for defence thairof, be reducit in sic guid and sufficient estait as thairby justice may be commodiouslie administrat, trespassouris and malefactouris escape not furth of ward and thairby eschew the punischement dew for thair demerities, and the lyves of all thame that hes thair residence within the same may be preservit fra the cruell malice of thair enemies quhen the tyme of assault now aprocheand sall cum to pas, for quhilk effect and eschewing of sindre utheris inconvenientis quhilkis may ensew heirupoun thair is na reddier nor mair meit remeid less hurtfull to the leigis nor mair consonant to equitie and ressone than to enact ane ressonable taxt and impositioun furth of landis and rentis lyand within the said burgh, and thairwith to repair the said talbuith with all requisite and necessair commodities end easmentis, alsweill for administratioun of justice as detentioun of malefactouris committit to ward fra escaping furth thairof, and thairwith also to construct, beit and mend the saidis portis and wallis in sufficient breid heicht and strenth with fensing places in weirlyk maner, able alsweill to resist and withstand the enemie without as to apprehend and retene the trespassouris within, as hes bene observit in his hienes maist noble predicessouris tymes ofbefoir, and laitlie in his majesties awin tyme for edyfeing of ane tolbuith in the Cannowgait; thairfoir his hienes and his estaitis foirsaidis gevis, grantis and committis to the saidis provest, ballies and counsaill of the said burgh of Edinburgh present and being for the tyme full power and commissioun be thame selffis, taxt masteris, collectouris and under ressaveris, ane or ma in thair name, to ask, crave, ressave, intromettwith and uptak ane ressonable taxt and impositioun furth of all landis and rentis liand within the said burgh of Edinburgh pertening to quhatsumevir persoun or personis without ony kynd of exceptioun according to the availl of the saidis landis and rentis within the said burgh, efter the forme and tennour of ane taxt roll to be maid and sett doun be thame thairanent, and for the same taxt and imposition, gif neid beis, to poynd and distrenyie, that thairwith the tolbuith of the said burgh may be sufficientlie reparit with all necessair and requisite commodities and easmentis, alsweill for administratioun of justice as detentioun of malefactouris committit to ward fra escaping furth thairof, and thairwith lykwayis to beit and mend the saidis portis and wallis in sufficient breid heicht and strenth with fensing places in weirlyk maner, able alsweill to resist and withstand the enemie without as to apprehend and retene malefactouris within, according to the observatioun of his hienes maist noble predicessouris and his majesties awin lait observatioun haid heiranent, and to equitie and ressone.
[1593/4/60]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise of his estaitis in parliament, hes ratifiet and apprevit and be the tennour of this present act ratifies and apprevis the act maid ofbefoir in the parliament haldin at Edinburgh, the fyft day of Junii the yeir of God jM vC fourscoir tuelf yeiris in favour of the provest, ballies, counsaill and communitie of the burgh of Edinburgh, be quhilk oure said soverane lord and his estaitis foirsaidis than ratifiet and apprevit the donationis and mortificationis maid be his hienes umquhile darrest mother in hir perfite aige and be his hienes self at dyvers tymes sen his majesties coronatioun off all landis, tenementis, annuelrentis, utheris proffeittis and commodities quhatsumevir mentionat in the said act quhillkis wer gevin and doitit for sustenatioun of the ministrie, hospitallis and college of the said burgh, as at mair lenth is contenit in the said act in all pointis, clauses, articles and circumstances thairof, quhilkis ar haldin for expressit in this present act. Attour, oure said soverane lord and his saidis estaitis revoikis, retreittis and rescindis all and sindrie infeftmentis, giftes and dispositionis maid be oure said soverane lord to quhatsumevir persoun or personis off the saidis landis, tenementis, annuelrentis, utheris dewties and commodities quhatsumevir sen the daitis respective of the infeftmentis, giftes and dispositionis maid thairof, to the saidis provest, ballies, counsaill and comunitie of the said burgh of Edinburgh for sustentatioun of the said ministrie, hospitallis and college, and declaris the same, with all that followit thairupoun, to be in all tymes cuming and to have bene in all tymes bigane null and of nane availl† and that the personis, obtenaris of the saidis infeftmentis, giftis and dispositionis, sall nevir be hard to move actioun nor quarrell thairupoun nor found ony exceptioun or defence be vertew thairof aganis the saidis provest, ballies, counsaill and communitie and thair successouris, to the effect that thai in all tymes heireftir, without ony impediment or obstacle, may peceablie bruik the saidis landis, tenementis, annuelrentis, utheris emolumentis and proffeittis, to the use quhairto thai wer gevin ofbefoir as said is.
[Marginalia]†