[A1597/3/9]*[print] [email] [cite] [preceding] [following]
Sederunt ut in die predicto.
[A1597/3/10]*[print] [email] [cite] [preceding] [following]
†Forsamekle as the provest, baillies, counsall and deaconis of craftis representing the haill bodie of the burgh of Edinburgh, being chargeit upoun the [...] day of Januair lastbipast be vertew of oure soverane lordis lettres past upoun ane act of secreit counsaill to have enterit thair personis in warde within the burgh of Perth upoun the first day of Februair thaireftir and now bipast, thairin to have remanit and keipit warde thaireftir upoun thair awne expenses ay and quhill thay had bene tryit foule or clene befoir the justice and his deputis in the tolbuith of the burgh of Perth of the lait tressounable attempt committit aganis his majestie, his nobilitie and counsaill and uthiris his gude subjectis within the said burgh of Edinburgh upoun the xvij day of December lastbipast, according to the particulair dittay to have bene gevin in thairupoun, and that justice be ministrat as appertenit, as the saidis lettres and charge foirsaid gevin be vertew thairof at mair lenth beiris; thaireftir be ane supplicatioun gevin in to his majestie and counsaill upoun the xxviij day of the said moneth of Januair be the baillies, dean of gild, thesaurair and haill personis being upoun the counsale of Edinburgh and deaconis of craftis this present yeir, the day of thair entrie within the said burgh of Perth wes prorogat be ane deliverance upoun the bak of the said supplicatioun unto the fiftene day of Februair thaireftir alsua now bipast; lyke as be ane uthir supplicatioun gevin in be thame to his hienes and his said counsale upoun the ellevint day of the said moneth of Februair, thair entrie be ane uthir delivuerance gevin upoun the bak of the same supplicatioun wes of new prorogat unto the first day of Marche instant, upoun the quhilk day it wes specialie declairit in the same deliverance that it sould be lesum to tua of the saidis baillies of Edinburgh, the deane of gild, thesaurair, foure of the principall deaconis and foure of the counsaill, with thair clark, to entir thame selffis personalie within the said burgh of Perth, haveing sufficient pouer and commissioun of the provest, baillies, counsale and haill communitie of the burgh of Edinburgh, quhairthrou thay micht alwayes represent the haill body thairof and undirly quhatsumevir thing sould be enjoynit to thame as giff the same haill body wer all personalie present; quhilk delyverance and conclusioun then tane wes of new renewit be ane uther delyverance gevin upoun the bak of ane uthir supplicatioun gevin in at last to his majestie and his counsaill upoun the xxij day of the said moneth of Februair, as all the same supplicationis and delyveranceis foirsaidis gevin upoun the bakis thairof, producit befoir his hienes and his said counsale, at mair lenth beris. Conforme to the tennour quhairof, act of secreit counsaill and lettrez foirsaidis past thairupoun, the saidis tua baillies, deane of gild, thesaurair, foure of the counsale and foure deaconis of craftis foirsaidis, with thair said commoun clark, extending in the haill to the noumer of threttene personis, being warnit and callit to have comperit personalie befoir his hienes and lordis of secreit counsale this day, and Roger McNaucht, George Todrig, baillies, Thomas Aikinheid, deane of gild, Richard Dobie, thesaurair, Henrie Nesbitt, Johnne Robertsoun, Johnne Watt, Alexander Millair, Archibald Martine and Robert Levingstoun, deaconis of craftis of the said burgh of Edinburgh, and Maister Alexander Guthrie, thair commoun clark, compeirand all personalie, quha produceit a procuratorie and commissioun gevin to thame and to Williame Mauld and Hew Brown, thair comburgeses, be the saidis provest, baillies, counsale and haill deaconis of craftis of the said burgh of Edinburgh, daitit at the same burgh upoun the xxiij day of the said moneth of Februair, subscrivit be the said Maister Alexander Guthrie and Williame Stewart, notair clarkis thairof, undir the seill of eque of the sam. Quhilk procuratorie and commissioun being red, hard, sene and considderit be his hienes and his counsaill, his majestie inquirit of the personis present giff the haill personis expressit in the same procuratorie and commissioun quhilk consisted in the said noumer of xiij personis wer all personalie present within this burgh of Perth quhairthrou they micht be pannellit as representing the haill body of the said burgh of Edinburgh conforme to the foirsaid act and lettres direct. Thairupoun it wes ansuerit that thay wer all personalie present except the said Williame Mauld, quha remanit at hame and wes absent be vertew of his hienes lettre of dispensatioun grantit to that effect; quhilk lettre, subscrivit be his majestie and his secretair, of the date at Haliruidhous, the xj day of the said moneth of Januair, thay produceit befoir his hienes and his said counsaill to verifie the samin. Quhilk lettre of dispensatioun, being red, hard, sene and considderit, his majestie and lordis of secreit counsaill findis the same lettre not tobe a sufficient warrand to the saidis provest, baillies, counsaill and communitie of the said burgh of Edinburgh inrespect that be the foirsaid deliverance gevin be his hienes and counsaill upoun the bak of the said supplicatioun gevin in upoun the xj day of the said moneth of Februair, quhilk is lang eftir the date of the said lettre of dispensatioun, thay wer expreslie appointit to entir personalie within this burgh of Perth tua of thair baillies, deans of gild, thesaurair, foure of the counsaill and foure deaconis, with thair clark, representing the haill body of thair towns, quhilk consistis in the said noumer of threttene personis; off the quhilk noumer, ane of thame being absent, expres aganis the tennour of the same delyverance past sensyne, thay have in that respect altogidder dissobeyit and not fulfillit the foirsaid act and ordinance and lettres and chargeis gevin to thame be vertew thairof, and sua hes desertit the dyet appointit for thair tryall, seing without the full nowmer of threttene personis, haveing commissioun for the haill body of the said burgh of Edinburgh, the same tryall can not be had, and thairthrou hes frustrat his majestie of justice and maist proudlie and disdainfullie contempnit his hienes authoritie and lawis. And thairfoir ordanis the foirsaidis lettres direct aganis the provest, baillies, counsaill and deaconis of craftis of the said burgh of Edinburgh, representing the haill bodie thairof, tobe putt to forder executioun in all pointis conforme to the tennour thairof, and to this effect: that ane officiar of armes pas and denunce thame his hienes rebellis and putt thame to the horne, and escheit and inbring all thair movable guidis to his hienes use for thair contemptioun, for the ressonis and causes particularlie abonementionat.
[A1597/3/11]*[print] [email] [cite] [preceding] [following]
The kingis majestie, with avise of his nobilitie, counsale and esteatis presentlie convenit, considering how the maist parte of all the presentationis to beneficeis within this realme thir divers yeiris bigane hes bene obtenit privatlie by his hienes knaulege be sindrie personis, suitaris of the samin, quha had nouther deservit sic benefeitis of his majestie, nather wer able to discharge thair functioun, quhairwith his majestie, being grevit, his hienes intentioun being frome the begynning to have had men of leirning, knaulege and quha wer able to discharge thair dewitie presentit to the saidis beneficeis quhen the samin sould vaik; as alsua his majestie, considdering how far he is damnifeit be ressoun that sindrie of the saidis personis presentit to the saidis beneficeis ar becum altogidder unresponsall, quhairby his majestie is defraudit of the thrid of the saidis beneficeis appointit for the intertenying of his hienes house, and of the monkis portionis destinat to his majesties gaird, ane grite noumer of the saidis beneficeit personis being rebellis and at the horne for nonpayment of the dewiteis abonespecifeit to his hienes collectouris; and to the effect that the said abuse of the prevey purchessing of the saidis presentationis may not breid the lyke effect heireftir, his majestie, with advise foirsaid, statutis and ordanis that all presentationis of beneficeis quhatsumevir within this realme sall nawayes be presentit to his majestie tobe subscryvit quhill the samin be first red, hard, allowit of and subscryvit be fyve of the counsaill togidder, with his hienes collector, sitting togidder, uthirwayes the said presentatioun to be null, of nane availl, force nor effect. Dischargeing the keiparis of the registris and seillis of passing of the saidis presentationis heireftir not lauchfullie subscrivit be fyve of the counsaill, togidder with the collector as said is, as they will answer upoun thair dewtifull obedience and tinsall of thair officeis.
[A1597/3/12]*[print] [email] [cite] [preceding] [following]
The kingis majestie, with avise of his nobilitie, counsaill and esteatis presentlie convenit, considering the grite abuse quhilk hes bene in tyme bigane be granting of exemptionis fra assyises to divers personis being of gude helth and sufficient habilitie to travell and within the age subject to his hienes proclamationis and chargeis to pas upoun assyises, and that upoun verie fals narratives of thair age and inhabilitie, quhairby his majestie hes bene frustrat in administratioun of justice, being disapointit be the saidis exemptionis of ane full noumer of assise to pas upoun the tryall of sic gilty personis as wer upoun pannell. For remeid quhairof, his majestie, with advise foirsaid, statutis and ordanis that all sic exemptionis frome assyises as ar grantit to ony persone quhatsumevir heirtofoir (being within the age appointit be the law and of abilitie to travell) sall nawayes excuse thame frome passing upoun assyises, or in thair absence salbe na warrand for to stay thair unlawing ay and quhill the nixt parliament, that his majestie and esteatis thair tobe convenit sett doun sum solide ordour thairanent. Dischargeing his hienes justice, justice clark and thair deputis in the meantyme off ony ressaving or admitting of ony of the saidis exemptionis for ony personis, being within the age of law and able of body as said is. Provyding alwayes that the inhabitantis of the burrowis of this realme be na forder astrictit nor oblist to pas upoun assyises of ony personis bot quhen the cryme quhairupoun the persone tobe accused is committit within the space of foure mylis to the burgh quhair the saidis personis summond to pas upoun assise duellis.
[A1597/3/13]*[print] [email] [cite] [preceding] [following]
The kingis majestie, with avyse of his nobilitie, counsale and esteatis presentlie convenit, considering how creditouris haveing denunceit personis and craving thair hoirningis tobe registrat in the schireff buikis quhair the saidis denunciationis wes maid, the same hes bene refuised be ane grite noumer of the saidis schireff clarkis, quhen as the saidis personis denunceit ar ather neir of blude or allayis to the schireff of the said shyre. Upoun the quhilk refusaill, the pairteis in tyme bigane, usaris of the saidis lettres of hoirning, hes allanarlie tane instrumentis nawayes suteing the same tobe registrat in ony uthiris buikis quhatsumever, quhairby his majestie is verie far defraudit, not being able to knawe or undirstand of the saidis pairteis denunciatioun be ressoun the same is nawise [...]†; and thaireftir the said pairtie, usair of the saidis lettres, and the personis denunceit aggree, thay distroy the saidis lettres of hoirning onlie to the effect his majestie be defraudit of thair escheitis. For remeid quhairof, his majestie, with avise foirsaid, statutis and ordanis that all sic hoirningis quhilkis ar refuisit be the saidis schireff clarkis tobe registrat as said is salbe immediatlie (eftir that instrumentis be tane of the said refusaill) brocht to the clark of register and his deputis tobe registrat in the buikis of counsaill and sessioun or then to the nixt schireff buikis of the shyre lyand maist neir and adjacent to the said schirefdome, and that at the optioun of the pairtie, usair of the saidis lettrez of hoirning, to the effect the saidis personis denunciatioun may be the bettir knawne to his hienes thesaurair and advocat, that his majestie be nawayes defraudit of thair escheitis. And declairis that the saidis hoirningis, nochtwithstanding that thay reporte the said instrument of refusaill, salbe of na force, strenth nor effect without the same hoirning, with the instrument of refusaill, be registrat in the saidis buikis of counsale or then in the saidis schireff buikis within the space of ane moneth nixteftir the date of the said instrument of refusaill. And ordanis lettrez of publicatioun tobe direct heirupoun in forme as effeiris.
[A1597/3/14]*[print] [email] [cite] [preceding] [following]
The kingis majestie, with avise of his nobilitie, counsall and esteatis presentlie convenit, considdering how the constant brute and grite appeirance of imminent dangeiris of his hienes crowne, estate and trew religioun professit within this realme be the grite preparationis maid be the cruel Spanyeardis for invading of this realme, assisted thairintill be divers seditious papistis and uthiris his hienes unnaturall subjectis tressounablie disposit to fortifie the saidis Spanyeardis in thair interpriseis foirsaidis, movit his majestie and counsaill, for preventing of the saidis perrellis, to statute and ordane be act of counsaill that certane nobilmen, baronis and ministeris within the particulair provinceis and schirefdomis of this realme sould call befoir thame all personis suspect of papistrie to gif confessioun of thair faith; as lykwayes to convocat his hienes baronis, gentilmen and uthiris subjectis at all occasionis quhen thay saw ony appeirance of dangeir to the religioun and professouris thairof undir the pane of hoirning aganis the personis dissobeying to convene with thame, being requirit in forme prescryvit be the said act, as the samin off the date at [...] the [...] day of [...] the yeir of God jM vC lxxx[...] yeiris at mair lenth beiris. Quhilk act being onlie concludit, statute and ordanit for the respect of the present perrell then imminent to the estate, yit the generalitie thairof hes gevin sic absolute pouer to the saidis commissionaris to convocat his hienes liegis quhen thay thocht it expedient, that divers perrellous effectis hes alreddy ensewit and followit thairupoun, and may heireftir fall furth, to the unquieting of his hienes estate, sklander of religioun and harme of his hienes quiet and weill affectit subjectis. For remeid quhairoff, his majestie, his nobilitie, counsaill and esteatis presentlie convenit findis, statutis and declairis the said act to bene bene onlie maid for preventing of the dangeiris imminent at that tyme to his hienes estate, crowne and trew religioun professit within this realme allanarlie, and to have had strenth, effect and executioun for the eschewing and removing thairof at the tyme foirsaid. The caus quhairof being now at the plesure of God removeit, and the maist parte of the personis nominat commissionaris thairin nevir haveing aceptit the samin upoun thame, sua that the samin in effect is altogidder expyrit, his hienes, with avise foirsaid, declairis the same act tobe desert, null and utterlie expyrit, dischargeing all convocationis of his hienes liegis undir cullour and pretens of the said act in ony tyme heireftir. Certifeing thame that giff in onywayes thay convene and assemble thame selffis togidder be vertew of the said act, the same salbe na warrand to thame, bot thay salbe callit, persewit, punisheit and demanit with all rigour as contravenaris of his majesteis lawis, actis of parliament and secreit counsaill maid aganis convocatioun of his hienes liegis in example of uthiris. And ordanis lettrez of publicatioun to be direct heirupoun in forme as effeiris.
[A1597/3/15]*[print] [email] [cite] [preceding] [following]
†The kingis majestie, his nobilitie, counsaill and esteatis presentlie convenit, considering how it hes pleisit God to gif ane gude and happy success to this present conventioun be moving the hairtis and myndis of his saidis nobilitie and esteatis, with the ministerie of the kirk now present with his hienes, to unitie and concord, and the same ministerie to yeild and aggrie to certane heidis and articlis proponit be his majestie tending alwayes to the glorie of God, suirtie of his hienes persone and estate and commounwele, peace and quietnes of the cuntrey; as indeid his majestie hes found sic a willing mynd in the same ministerie cheiflie at this tyme for this purpois as his hienes could have wisheit, lyke as thay have found thame selffis fullie satisfeit for his majesteis parte in all thingis quhairof thay stude in doubt or that be the misreporte of restles spiritis they wer wrangouslie informed of, his majestie and the saidis ministerie, haveing alwayes concludit that at the nixt assemblie of the same ministerie, appointit to be within the burgh of Dundee in the moneth of Maii nixttocum, to proceid in the resolutioun of the rest of the heidis and articlis quhilkis ar superseidit to that tyme, and swa within schorte space to sett doun, Godwilling, with commoun consent, sic a solide and perfyte ordour in his estate as all contentioun and stryffe quhilkis heirtofoir fra tyme to tyme hes intervenit salbe altogidder aboleist and gude ordour and obediens of all his subjectis professit and procuirit in sic sorte as all malicious, seditious and unquiet spiritis seiking occasioun of trouble and unquietnes sall alwayes find thame selffis disapointit of thair expectatioun. Lyke as his majestie, for the forder declaratioun of his gudivill to all the ministerie quha profeses his obediens, hes takin and be thir presentis takis thame, thair wyffis, bairnis, familie, guidis, geir and possessionis undir his hienes speciale mantenance, protectioun and defens, tobe unhurte, unmolestit, troublit, invadit or onywayes damnifeit or hurte in thair lauchfull calling or uthirwayes undir quhatsumevir cullour or pretens heireftir. And to the effect nane sall pretend ignorance thairof, ordanis lettres tobe direct to mak publicatioun of the premises, as alsua of the speciall heidis and articlis presentlie aggreit upoun, to all and sindrie his hienes liegis be oppin proclamatioun at the mercat croceis of the heid burrowis of this realme and uthiris placeis neidfull; and als to signifie and declair to all his gude subjectis, as presentlie his hienes hes declairit to the said ministerie, that as his hienes principall cair and affectioun is and hes bene to the glorie of God and the mantenance of the trew religioun, with the preservatioun of the same ministerie frome all kynd of violence in thair lauchfull calling, quhilk religioun his hienes profeses with his haill hairt and, God willing, sall mantene with all his pouer to his lyveis end, sa sall not his majestie suffir ony uther name, kirk or religioun tobe professit bot the name and religioun of oure maister and saviour, Christ Jesus, ressavit and establissit be his hienes lawis, detesting and abhorring all kynd of idolatrie, superstitioun, papistrie or uther infidelitie quhatsumevir; and thairfoir to command and charge all the saidis liegis to conforme thame selffis to the said trew religioun and discipline presentlie establissit be his hienes, his counsaill, esteatis and ministerie foirsaid, and on nawayes tak upoun hand to vex, trouble, molest or inquiet ony of the saidis ministerie in thair lauchfull calling, or thair wyffis, bairnis or familie be way of deid, or yit to do or attempt ony thing tending to the violatioun of his hienes protectioun foirsaid in ony pairt, undir quhatsumevir cullour or pretens as thay will ansuer to his hienes upoun thair obediens, at thair uttermost charge and perrell and undir all hiest pane, cryme and offens that thay may committ and inrin aganis his majestie in that behalff. Certifeing thame and they do in the contrair, that quhatsumevir hurte or inconvenient they sall sustene thairthrou, that his majestie will compt and esteme the same as done aganis his hienes selff and sua wilbe cairfull to see the same punist accordinglie. And siclik to command and charge all and sindrie papistis, Jesuitis and excommunicat personis presentlie remaning within this realme (exceptand allanarlie sic personis as ar presentlie in conference and dealing with the kirk for thair satisfactioun, aganis quhome thir presentis sall nawayes be extendit nor na uther executioun tobe movit aganis thame unto the tyme thay satisfie the kirk, or, for thair obstinacie, be gevin over be his majestie and the saidis ministerie as personis in quhome thair is na hoip of amendment and satisfactioun), to departe furth of this realme to the pairtis beyond sey betuix and the first day of Junij nixttocum, or ellis to satisfie the kirk afoir the same day according to the ordour observit in sic caises, undir the pane tobe persewit and punist according to his hienes lawis, actis and proclamationis maid thairanent. Certifieing thame and thay failyie, thay salbe takin, apprehendit and punist with all rigour and extremitie; and to this effect, to command all schireffis, steuartis, provestis and baillies of burrowis and baillies of regaliteis and thair deputis to serche, seik and tak all the saidis papistis, Jesuitis and excomunicat personis quhilkis salbe foundin remaning within this realme eftir the day foirsaid (except befoir exceptit), bring and present thame befoir his majestie and counsale tobe punist for thair demereitis conforme to the lawis and actis of parliament maid thairanent. Certifeing the saidis schireffis, stewartis, provestis and baillies foirsaidis and thay failyie, that thay salbe lykwayes persewit and punist with the lyke rigour and extremitie without favuour.