Tertia dies parliamenti
[1597/11/5]*[print] [email] [cite] [preceding] [following]
Parliamentum excellentissimi principis Jacobi sexti Scotorum regis tentum apud Edinburgh decimo sexto die mensis Decembris anno Domini millesimo quingentesimo nonagesimo septimo per dictum supremum dominum nostrum regem et sui regni status, unacum Thoma Scott deputato mariscalli, Jacobo Tarbet deputato constabularii, Johanne Fraser et Daniele Grahame deputatis vicecomitis de Edinburgh, et Gulielmo Wischart adjudicatore.
[1597/11/6]*[print] [email] [cite] [preceding] [following]
The quhilk day, in presens of the kingis majestie and estaittis in parliament, comperit personalie Williame, erle of Angus, George, erle of Huntly, for himself and as brother sone, cheif and ane of the narrest of kyn to umquhile Schir Patrik Gordoun of Auchindoun, knycht, and Francis, erle of Arroll, and producit ane summondis of reductioun rasit at thair instance aganis Walter, commendatar of Blantyre, thesaurar and comptroller to oure soverane lord, Maister Thomas Hammyltoun of Drumcarne, his hienes advocat for his hienes interes, Maister Johne Skene, clerk of registrie, Maisteris Williame Scott, Archibald Gibsoun and Alexander Hay, his deputtis keiparis and havearis of the proces of foirfaltrie led aganis thame, and all utheris haveand or pretendand to have interes in the said actioun of reductioun, tuiching the productioun befoir oure soverane lord and the saidis estaittis of perliament off the proces and dome of foirfaltour led and deducit aganis the saidis erlis and the said umquhile Schir Patrik Gordoun upoun the aucht day of Junii the yeir of God jM vC fourscoir fourtene yeiris. And als producit James Hairstanis, messinger, executour of the said sumondis and haill charges thairof, and David Young and George Cuninghame, witneses insert in all the saidis executionis; quhilkis messinger and witneses, being all thrie sworne, verefeit all the executionis of the said summondis to be trew and of veritie, quhairupoun the saidis thrie erlis, being personalie present, askit instrumentis.
[1597/11/7]*[print] [email] [cite] [preceding] [following]
The haill estaittis of parliament cheisit thir persones underwrittin to be lordis of the articlis:
[...]†
[1597/11/8]*[print] [email] [cite] [preceding] [following]
In the actioun and caus persewit at the instance of Williame, erle of Angus, George, erle of Huntlie, for him self and as brother sone, cheif and ane narrest of kyn to umquhile Schir Patrik Gordoun of Auchindoun, knycht, and of Frances, erle of Erroll, aganis quhome the proces, dome and sentence of forfaltrie eftirspecefeit wes led, gevin and pronuncit, and thairby haveand sufficient interes to reduce the samyn aganis Walter, priour of Blantyre, thesaurar and comptroller to oure soverane lord, Maister Thomas Hammyltoun of Drumcarne, his hienes advocat for oure soverane lordis interes, Maister Johne Skeyne, clerk of registrie, Maisteris Williame Scott, Alexander Gibsoun and Alexander Hay, his deputtis, keparis and havearis of the pretendit proces of forfaltrie eftirspecefeit, and all utheris haveand or pretendand to have interes in the actioun of reductioun undirwrittin for productioun with thame befoir his majestie and estaitis of parliament of ane pretendit summondis of forfaltrie raisit and execut at oure soverane lordis instance aganis Williame, erle of Angus, George, erle of Huntlie, Frances, erle of Erroll and the said umquhile Schir Patrik Gordoun of Auchindon, knycht, for the allegit treassonable traffequeing with forene natiounes for the alteratioun of the estate of the commoun weill and countrey and religioun presentlie professit thairintill, and directing of Maister George Ker to Spaine to that effect, consulting and devysing with Jesuitis and seminarie preistis for performing of the said treassonable and wicked interpryse, as at mair lenth is contenit in the said pretendit summondis of forfaltrie of the date the nyntene day of Marche the yeir of God jM vC fourscoir threttene yeiris execute aganis the saidis thrie erlis, and the said umquhile Schir Patrik to have comperit the tuentie day of Maii nixtt and immediatlie thaireftir following, togidder with the haill executiones of the said pretendit summondis and verificationes of the samyn act of interloquutour be the quhilk the said pretendit summondis and ressoun of treassoun thairin contenit wes fundin relevant, haill probatiounes led and deducit for preving of the crymes of treassoun contenit thairintill, viz: the aucht blankis allegit subscryvit be the saidis thrie erlis and the said umquhile Schir Patrik, thair stampis; the depositioun of Maister George Ker allegit subscryvit with his awin hand, and missive letter allegit writtin and subscryvit be him, directit to oure soverane lord; the depositioun of umquhile David Grahame, sumtyme of Fintrie; the dome of forfaltrie gevin and pronuncit aganis the said umquhile David; the pretendit and allegit missive letteris allegit writtin be Maisteris James Gordown under the fenyeit name of James Crystesoun, Robert Abercrombie under the fenyeit name of Robert Sandersoun, togidder with the pretendit letter allegit writtin and subscryvit be the said umquhile David Grahame, sumtyme of Fintrie under the fenyeit name of David Foster; the pretendit letter of recommendatioun allegit writtin be the saidis Maisteris James Gordoun and Robert Abercrombie in favouris of the said Maister George Ker, togidder with the allegit pretendit lettre writtin be the said umquhile David Grahame, sumtyme of Fintrie to oure soverane lord; ane charge directit be oure soverane lord and lordis of secrete counsaill quhairby the saidis thrie erlis and the said umquhile Schir Patrik wer chargit to entir thair persones in waird as suspect of treassoun, with the executiones of the saidis chargis; the act and decrete of secrete counsaill maid at Edinburgh the [...] day of [...] the yeir of God jM vC [...] yeiris, with the lettres of publicatioun and executionis of the samyn, be the quhilk act and decrete it wes fundin and declarit that the saidis thrie erlis and the said umquhile Schir Patrik had incurrit and controvenit the charge of treassoun, and thairfoir suld be punischit, estemit and accusit as treatoure; and all utheris probationis, depositiones of witneses led and deducit in the said cause for preving of the said pretendit summondis of forfaltrie, togidder with the said pretendit sentence and dome of forfaltrie gevin and pronuncit upone the said pretendit summondis, findand and declairand the saidis pretendit summondis and pointis of treassoun thairin contenit to be sufficientlie verefeit and provin, and thairfoir the saidis Williame, erle of Angus, George, erle of Huntlie and Frances, erle of Erroll and the said umquhile Schir Patrik to have committit crymes of treassoun aganis oure soverane lord and the cuntrey, and to be punischit and demanit in thair persones as treatouris and thair haill landis, heretagis, gudis and geir to be adjudgit to pertene to oure soverane lord, as at mair lenth is contenit in the said pretendit sentence and dome of forfaltrie gevin and pronuncit in the said parliament upone the [...] day of [...] the yeir etc. fourscoir [...] yeiris, to have bene sene and considerit be oure soverane lord and the saidis estaitis and to have hard and sene the said pretendit decrete of secrete counsaill, findand and declarand the saidis thrie erlis and the said umquhile Schir Patrik to have incurrit the panis of treassoun for thair not entering in waird and obeying of the said charge of treassoun, togidder with the said act of interloquutour findand the said summondis and ressoun of treassoun thairin contenit relevant; as lykwayes the said pretendit sentence and dome of foirfaltrie gevin and pronuncit in maner foirsaid, with all that has followit or may follow thairupone, bene retreatit, rescindit, cassit, annullit, decernit and declarit to have bene frome the beginning and to be in all tyme cumnyng null and of nane availl, force nor effect. And the saidis Williame, erle of Angus, George, erle of Huntlie and Frances, erle of Erroll, for thame selffis and the said George, erle of Huntlie, cheif and kinnisman foirsaid, be restorit to thair awin landis, heretagis, rowmes, richtis, titillis and securiteis they had thairof befoir the said foirfaltrie, honouris, digniteis, offices and estaitis als frelie as gif the said pretendit sentence and decrete of secrete counsaill and dome of foirfaltrie had nevir bene gevin nor pronuncit for the causes following: In the first, becaus the saidis pretendit charges usit and directit be oure soverane lord and the lordis of secrete† quhairby the saidis Williame, erle of Angus, George, erle of Huntlie, and Francis, erle of Erroll, and the said umquhile Schir Patrik wer chargit to have enterit thair persones in waird under the panis of treassone, and decrete of secrete counsaill following thairupone findand and declarand the saidis thrie erlis and the said umquhile Schir Patrik to have incurrit the panis of treassoun for thair contumacie and not entering in waird, was maist wrangouslie and enormelie direct and gevin insafar as oure soverane lord, upone suspitioun of treassoun without lauchfull tryell or cognitioun, mycht nor culd not direct lettres to charge ony persone suspect of treassoun to enter thair persone in waird under the pane of treassoun, bot the maist oure soverane lord culd do be ordinar forme of justice was ather to caus tak and apprehend the saidis thrie erlis and the said umquhile Schir Patrik and putt thair persones in custodie or than to direct lettres to charge thame under the pane of rebellioun and putting of thame to the horne to enter thair persones in waird. And gevand of the lawes and practique of this realme, oure soverane lord micht have directit charges aganis the saidis persones without ether tryell or cognitioun, chargeing thame as suspect of treassoun to enter thair persones in waird under the pane of treassoun; yit upone thair contumacie and not obedience, oure soverane lord nether of law nor practique culd have gevin out ony decrete or sentence aganis thame findand and declairand thame to be giltie of treassoun, inrespect of thair dissobedience without ane lauchfull citatioun of thame to that effect, and ane just and lauchfull tryell and cognitioun had led and deducit aganis thame of the pretendit crymes of treassoun layit to thair charge, and that it had bene dewlie and sufficientlie provin that thai and everie ane of thame had bene giltie and culpabill of the crymes of treassoun layit to thair charge, for of the law and inviolable practique of all natiounes na persones accusit of capitall crymes can be convict ob solam contumaciam nisi cognito et probato crimine. Et contumacia est presumptiva tantum probatio vel confessio que sola non sufficit ad condempnationem, sed necesse est preterea eas deduci probationes que sufficient ad condempnationem. And trew it is and of veritie that the saidis chargis of secrete counsaill wes gevin and directit without ony tryell or cognitioun preceding; as lykwayes the said decrete and sentence of secrete counsaill was gevin and pronuncit aganis the saidis thrie erlis and the said umquhile Schir Patrik for not entering in waird and obeying of the saidis chargis without ony kynd of new citatioun or tryell or probatioun led and deducit aganis thame quhairupone ony kynd of condigne sentence or decrete micht have followit; and thairfoir the saidis pretendit charges and decrete of counsaill following thairupone (at the leist the said pretendit decrete of secrete counsaill, with lettres of publicatioun and all that has followit or may follow thairupon) aucht and suld be retreitit, rescindit, cassit, annullit, decernit and declarit to have bene frome the beginning and to be in all tyme cummig null and of nane availl, force nor effect, and the saidis thrie erlis fred and relevit of the samyn als frelie in all sortis and respectis as gif the said pretendit decrete and sentence had nevir bene gevin nor pronuncit. Secundlie, the saidis pretendit interloquutour, sentence and dome of foirfaltrie gevin and pronuncit in parliament aganis the saidis thrie erlis and the said umquhile Schir Patrik as said is aucht and suld be retreatit, rescindit, cassit and annullit becaus the sam was led and deducit, dome and sentence pronuncit aganis the saidis thrie erlis and the said umquhile Schir Patrik for null defence and not comperance. Lykas they nather micht nor culd compeir nather be thame selffis nor thair procurators inrespect of the said pretendit sentence and decrete of secrete counsaill standand aganis thame, fra the quhilkis they war nawayes lauchfullie releiffit nor relaxit, quhilk aucht to have bene done; and they aucht to have bene maid hable to compeir befoir oure soverane lord and estaitis of parliament befoir they had bene summonit be oure soverane lord to answer befoir his majestie and the saidis estaitis upone the pointis, heidis and causes of treassoun contenit in the said summondis and sentence of foirfaltrie directit and gevin aganis thame. And gif they micht and had comperit, thay wald have elidit and stayit the samyn to have bene put to ony probatioun inrespect of the generalitie and ineptitude thairof, for they wald and micht have allegit (lyk as thai now presentlie allege in the secund) that the said pretendit summondis and crymes of treassoun contenit thairintill wes nawayes relevant nor contenit na relevant cause of forfaltrie quhilk onywayes micht have bene admittit to probatioun, insafar that the said pretendit ressoun and summondis of forfaltrie contenis and beris onlie that the saidis thrie erlis and the said umquhile Schir Patrik conspyrit, consultit and concludit the horrible crymes and deidis of treassoun to be execute and performit for the alteratioun of the estate of this realme, trew religioun thairin professit and be oure soverane lordis act of parliament stablissit, quhilk conspiracie, consultatioun and conclusioun wes maid in the monethis of Junii, Juli, September, October, November or ane of thame in anno jM vC fourscoir tuelf in the counsallis and conventionis had be thame with Maisteris James Gordoun, Robert Abercrombie and George Ker and umquhile David Grahame of Fintrie, or ane of thame upone lettres and missives writtin be Maisteris Williame Creichtoun and umquhile James Tyrie, Jesuittis, directit frome Spaine to the said Maister James, in the quhilk it wes declarit how diligentlie they had travellit with the king and counsaill of Spane for men and money to be transportit in Scotland for the subversioun of the religioun thairin professit and invasioun of the realme of England, and wes onlie stayit quhill sum speciall man wer send frome Scotland with lettres of credit and blankis subscryvit be the nobillis, quha wald oblises thame selffis in name of the Catholique Romannis within the realme of Scotltand remanand, quhilkis blankis suld be fillit be the advyse of the said Maisteris Williame Creichtoun and umquhile James Tyrie than being in Spane; and that all sure bandis and pledgis for the saidis silver and men, extending to the number of threttie thowsand armit men to enter at the west seas of this countrey besyd Kirkcubrych or in Clyd as the wynd and weather micht serve, for performig of the quhilk tressonable cryme the saidis blankis, pairt in Latine and pairt in Frenche, with lettres of credit, wer subscryvit be the saidis Williame, erle of Angus, George, erle of Huntlie and Frances, erle of Erroll and the said umquhile Schir Patrik Gordoun, planelie affirmand thame in the said subscriptioun to be the maist humble and obedient servitouris to the king of Spane, quhome to the saidis lettres wer directit. Quhilk manefestlie declarit thair tressonable deidis, seing they of nature and law wer oblist to oure soverane lord thair king and prince, they lousit and dissolvit thair band and fidelitie auchtand to oure soverane lord and astrictit and band thame selffis to ane strange king, without oure soverane lordis consent, and send the saidis blankis subscryvit with thair handis to the king of Spane to be fillit be him and his counsaill as they thocht expedient, for the hurte and detrement of oure soverane lordis authoritie, countrey and liegis. Quhilkis blankis wes to the effect foirsaid thaireftir in the moneth of [...] the yeir of God jM vC fourscoir tuelf yeiris delyverit to Maister George Ker, with the stampis and sealis of the saidis thrie erlis and the said umquhile Schir Patrik Gordoun prentit upone walx. Quhilk Maister George, being electit for passing to Spane and performing of the saidis wickit interprysis, acceptit the said message upone him, and passand forward his voyage come to the Ile of Combry with ane full commissioun frome the foirsaidis persones, taking the burding upone thame for the haill Catholik Romanis of thair factioun, with faythfull promeis maid be thame to prepair thame selffis, thair poweris and horsmen safar as the silver micht extend to, to await and abyd upone the incummyng of the saidis Spanyairdis, and suld leid and conduce the maist pairt of thame in England for eversioun of the sam and religioun thairin professit, and fyve thowsand of the saidis Spanyardis to remane within this countrey, with quhome the foirsaidis persones and the haill papistis of thair sect within this realme suld conjune thame selffis for the alteratioun of the estait of this countrey and religioun thairin professit, and for raising upe of the mess and the professioun of the Catholik Romane religioun, to the evident danger and detriment of oure soverane lordis persone, inquieting of the peax of this countrey, alteratioun of the haill estait of the sam, committand thairby manifest treassoun aganis God, oure soverane lordis authoritie royall and liegis, quhilk is the haill tenour and substance of the ressone and crymes of forfaltrie contenit in the said summondis. Quhilkis crymes qualefeit in maner abone rehersit contenit nor contenis na relevant cause of forfaltrie quhairupone ony probatioun micht have bene ressavit or dome of forfaltrie micht have followit, seing thair wes nathing qualefeit in the said summondis quhilkis mycht importe ony cryme aganis the saidis thrie erlis and the said umquhile Schir Patrik Gordoun bot onlie thair allegit consulting, conspyring and concluding horrable deidis of treassoun to be execute for the alteratioun of the estait of this countrey and religioun thairin professit, and that in the monethis of Junii, Julii, August, September, October and November, at the lest ane of thame, in the yeir of God jM vC fourscoir tuelf yeiris; quhilkis consultationis and conclusionis wes allegit had be thame with Maisteris James Gordoun, Robert Abercrombie, George Ker and umquhile David Grahame, sumtyme of Fintrie, or ane of thame, and directing of blankis with the said Maister George Ker to the king and counsaill of Spane for performing of the saidis interprysis, calland thame selffis in the saidis blankis maist humbill and obedient serrvitoris to the king of Spane, quhairby they lousit and dissolvit thair band and fidelitie auchtand to oure soverane and astrictit thame selffis to ane strang king without oure soverane lordis consent. Quhilkis heidis contenit nor contenis na relevant caus of treassoun be ressoun it is nevir qualefeit nor comprehondit in the said pretendit summondis nor ressone thairof quhair and in quhat place the saidis consultationis wer had and upone quhat dayis and in quhat moneth in speciall the sam wes had and with quhome, bot onlie qualefeand that the consultationis wes had in the monethis of Junii, Julii, August, September, October and November, or ane of thame, with Maisteris James Gordoun, Robert Abercrombie, George Ker and umquhile David Grahame of Fyntrie, or ane of thame, not condiscendand with quhome in speciall and in quhat moneth and day nor quhat place. Quhilk generalitie and ineptitude maid not onlie the saidis summondis irrelevant, for of the law and daylie practique of this realme in all crymes the summondis or dittay aucht to be sua relevant and specialie consavit upone the persones, tymes, maner of committing of the sam and haill circumstances, that without the samin be specialie condiscendit upone, the said summondis nor dittay can nawayes be sustenit. Bot alsua be the said generalitie and ineptitude the saidis erlis defenses wer tane fra thame, be the quhilk they micht and wald have allegit and provin per scripta that they and the allegit persones quhome with they wer allegit to have maid thair tressonable consultationis and conclusiones wer safar distant the day and dayes of the allegit making thairof that possiblie thair culd be† meting nor consulting among thame, as lykwayes thair culd be na kynd of probatioun led nor deducit upone the said generall ressoun; and as the samin behuiffit to be specialie provin anent the tymes, places and persones, sua of all necessitie behuiffit the samin to be specialie qualefeit. And as to that heid of the said pretendit summondis bearand the saidis persewaris to have committit manifest crymes of treassoun be calling thame selffis maist humble and obedient serrvitouris to the king of Spane, that pairt of the said pretendit summondis wes lykwayes nawayes relevant for gevand and not grantand that the saidis persewaris had subscryvit the saidis blankis, yit that forme of subscriptioun nawayes hurtis nor dirogattis thair dewtifull obedience had and pretening to oure soverane lord, the samin being officiosa et epistolaris subscriptio and ane commoun forme of stile observit in wryting to all kingis and princis be subjectis and inferioris albeit of diverse natiounes, specialie haveing consideratioun that betuix oure soverane lord and the King of Spane thair wes na oppin inimitie nor denuncit waris. And lyk as† soverane lordis frie liege and subject may enter in familiar serrvice with the kingis of Spane or France without oure soverane lordis consent and nawayes thairby derogat the obedience auchtand to his majestie, evin sua may oure soverane lordis inferiour liege and subject wrytt familiarlie to ane forene king or prince with quhome oure soverane lord is undir amitie and freindchip, styland him self maist humbill serrvitour to the said forene prince, sua the nakit subscriptioun and style abone specefeit culd nevir importe ony treassoun nor contene ony relevant cause of tressone be the self, quhilk allegeance, incace the samin had bene proponit in the first instance, wald have bene sufficient to have elidit the said summondis of forfaltrie and ressoun thairin contenit and stayit the samyn to have bene put to ony probatioun, evinsua now in the secund instance aucht and suld be gude ressones of reductioun of the said pretendit sentence and dome of forfaltrie; and thairfoir the said pretendit act of interloquutour and the said pretendit sentence and dome of forfaltrie with all that hes followit or may follow thairupone aucht and sold be retreatit, rescindit, cassit, annullit, decernit and declarit to have bene frome the beginning and to be in all tyme cumming null and of nane availl, force nor effect with all that hes followit thairupon, and the saidis persewaris restorit to thair landis, heretages, rowmes, possessionis, offices, digniteis, honouris and utheris quhatsumevir als frelie as gif the said pretendit sentence and dome of forfaltrie had nevir bene led, deducit, gevin nor pronuncit. Thridlie, becaus gevand and not grantand that the said pretendit summondis and ressone of forfaltrie thairin contenit had bene relevant, yit the samin wes nawayes provin, partlie be ressone thair wes diverse and sindrie substantiall heidis and pointis of the said pretendit summondis of tressoun quhilkis requirit ane cleir and manifest probatioun, and yit nather wrytt nor witneses producit to preve the samin, and pairtlie becaus the wryttis and witneses producit for proveing of the utheris heidis and pointis of the said pretendit summondis of tressoun nawayes previt the samin, and sua the said pretendit sumondis remanit altogidder not provin insafar as the speciall heidis and pointis of the said summondis and ressoun of treassoun quhilkis in onywayes micht have maid the samin relevant beris that the saidis thrie erlis and the said umquhile Schir Patrik Gordoun conspyrit, consultit and concludit the horrible crymes of treassoun in the monethis of Junii, Julii, August, September, October and November in the yeir of God jM vC fourscoir tuelf, or in ane of thame, with Maisteris James Gordoun, Robert Abercrombie, George Ker and umquhile David Grahame, sumtyme of Fintrie, upone lettres and missives directit be Maisteris Williame Creichtoun and umquhile Maister James Tyrie to Maister James Gordoun, berand how they had traveliit with the king of Spane for men and money for the alteratioun of the estait of this countrey and religioun thairin professit and invasioun of the realme of Ingland, as at mair lenth is contenit in the said ressoun of forfaltrie. For preving of the quhilkis heidis and speciall pointis of treassoun, thair wes nathing producit, nather wrytt nor witneses, ather to preve the directing of the saidis missives frome Spane to Scotland, or than the saidis persewaris conventioun upone the saidis missives consulting and concluding in maner foirsaid, and nather was the saidis pretendit missives producit, nor yit wrytt nor witneses to preve thair conventionis, consulting and conclusioun. Lyk as thair wes nevir sic missives writtin, conventioun, consulting nor conclusioun had nor maid; and albeit sic missives had bene writtin and send to the said Maister James Gordoun and had bene producit in parliament for preving of the said ressoun and summondis, yit the samin culd preve nathing aganis the saidis persewaris and the said umquhile Schir Patrik, except it had bene specialie and cleirlie provin that they had convenit with the said Maister James Gordoun and utheris persones foirsaidis upone the saidis† and treassonable contentis thairof, allowit and approvin the samin, consultit and concludit the horrible crymes of tressoun contenit in the said summondis, quhilk wes nather provin nor na kynd of thing usit for probatioun thairof, sua that pairt of the said summondis safar as micht work aganis the saidis persewaris and the said umquhile Schir Patrik remanit altogidder unprovin. And quhair it may appeir that that pairt ather wes or micht be provin be ony kynd of missive lettres ather writtin be Maisteris James Gordoun, Robert Abercrombie or umquhile David Grahame, sumtyme of Fintrie to Maisteris Williame Creichtoun or umquhile James Tyrie or ather of thame, the saidis missives culd preve nathing, nether of law nor practique aganis the saidis erlis, persewaris, nor yit the said umquhile Schir Patrik, bot onlie aganis the wrytar. And as to the allegit depositiones of Maister George Ker and umquhile David Grahame, sumtyme of Fintrie, the samin lykwayes nawayes previt that heid nor article of the said summondis inrespect that thai nor nane of thame was judicialie sworne nor examinat upone the saidis pretendit summondis and contends thairof befoir the judgis quhome befoir the said forfaltrie was led and deducit. Nather yit wes the saidis thrie erlis, persewaris, and the said umquhile Schir Patrik summonit to heir and sie thame sworne, ressavit and examinat upone the said pretendit summondis of forfaltrie, bot onlie thair depositiones maid extra judicium aganis thair selffis in alia caussa producit in modum probationis, quhilkis nather of law nor practique culd preve, for of the law testibus non testimoniis credendum est and quhatsumevir they deponit aganis the saidis persewaris and the said umquhile Schir Patrik, the samin was be reherse and reporte of utheris. And forder, as to the depositioun of the said Maister George Ker, the samin was extra judicium for feir of tortour and upone promeis of his lyfe; lykas the said Maister George Ker was tortourit and strukin in the buikis befoir the making of his confessioun, for of the law ane confessit† extortit wirkis and previs nathing aganis the confessour, mekilles aganis ane uther persone. And as to the remanent heidis of the said summondis and ressoun of forfaltrie foundit and groundit upone the subscriptioun and directioun of the blankis and directing of the said Maister George with the samin to Spane for performing and outreding of the saidis horrible crymes of treassoun contenit in the said summondis, that pairt lykwayes was nawayes provin, not onlie for the ressones and causes abonespecefeit, bot alsua becaus the saidis blankis bure na directioun quhome to they wer send, and the subscriptioun of thame be the saidis persewaris, calland thame selffis maist humble and obedient servitouris albeit they had bene directit to the King of Spane, nather importis of the self tressoun nor yit can preve treassoun be ressone that forme of subscriptioun, albeit directit to the king of Spane with quhome oure soverane lord wes than undir amitie and freindschip, is nather of law, forme nor consuetude of natiounes forbiddin. And the samyn being onlie officiosa et epistolaris subscriptio observit throw all natiounes can preve na kynd of pointis of treassoun, nor yit that the saidis persewaris and the said umquhile Schir Patrik onywayes prejudgit or hurte oure soverane lord be the subscriptiones of thair naturall, dewtifull obedience auchtand to his majestie. And lykwayes thair was nathing producit to verefie quhat suld have bene fillit in the saidis blankis, bot onlie the depositiones abonespecefeit, quhilkis, for the ressones foirsaidis, previt nathing. And forder na blankis, nether of law nor practique, can mak fayth nor nathing insert thairintill except it be expreslie writtin on the bak for quhat cause the saidis blankis wer grantit and quhat suld be insert in the samin, sua that na depositiones of witneses micht help or supporte the filling of the saidis blankis nor declair quhat suld be fillit thairintill. And sen blankis nather of law nor practique can preve nor verefie nathing in civill causes of litill importance, mekle les can the the samin preve in great and weichtie causes of treassoun quhilk concernis lyfe, landis, gudis and extirping of the posteritie. And as to the charge quhilk was directit be oure soverane lord and the lordis of secrete counsaill quhairby the saidis persewaris and the said umquhile Schir Patrik wer chargit to enter thair persones in waird as suspect of treassoun and dissobeyit, as lykwayes the act and decrete of secrete counsaill maid at Edinburgh the [...] day of [...] the yeir of God jM vC fourscoir [...] yeiris, with the lettres of publicatioun of the samin findand and declarand that the saidis persewaris and the said umquhile Schir Patrik had contravenit the foirsaid charge of treassoun and thairfoir suld be punischit, estemit and accusit as treatouris, quhilkis wer lykwayes producit be oure soverane lordis advocat in modum probationis for preving of the said pretendit summondis and ressoun of treassoun thairin contenit, the saidis chargis, decrete and publicatioun following thairupone being retreatit, cassit and annullit in maner contenit in the first ressoun can preve na pairt, point nor article of the said pretendit summondis and ressoun of forfaltrie. And forder they culd preve nathing be ressoun the said decrete and publicatioun was gevin and usit ob solam contumaciam, quhilk of the law and practique of all natiounes, specialie in criminalibus, induces not ane pairtie to be giltie nor culpable et ob solam contumaciam nemo donari potest nisi cognito et probato crimine nec contumax in criminibus semper pro confesso habetur ob solam contumaciam nisi presumptiue que presumptiua confessio sola non sufficit ad condempnationem sed necesse est preterea eas deduci probationes que sufficient ad condempnationem. This is expreslie decydit in 'Auth. qua in provincia, C. ubi de criminibus agi oporteat Bart. ad le, absentem f. de peins glos'. ad ca decernimus 3. 4. 9.'† And sua being of the law and daylie practique of this realme, the not compering of ony persone suspect of ane cryme or treassoun is na ground nor argument to convict him, nor yit is ony kynd of probatioun quhairupone ony sentence or dome may follow. The chargis of secrete counsaill, the saidis persewaris and the said umquhile Patrikis contumacie and not comperance, the decrete of counsaill and publicatioun following thairupone previt na heid, point, clause nor article of the said pretendit summondis and ressoun of tressoun bot onlie previt aganis thame presumptive, quhilk of the law as said is is na ground nor argument quhairupone ony dome or sentence of forfaltrie micht have followit; and sua the said pretendit summondis and ressone of tressoun thairin contenit remanit altogidder not provin. And as to the witneses producit be oure said soverane lordis advocat for preving of the saidis summondis and ressoun, they culd preve nathing quhilk behuiffit to be provin be wrytt. As lykwayes the saidis witneses previt nathing quhilk consistit in facto or quhairupone ony kynd of sentence or dome of forfaltrie micht have followit. Quhilkis objectionis aganis the wryttis and probationis led and deducit be the said advocat for preving of the said pretendit summondis and ressone of foirfaltrie, incaice they had bene maid and proponit debito tempore in the first instance, they had bene sufficient groundis and argumentis for staying and elyding of the said sentence and dome of forfaltrie and finding of the said summondis provin, and now in the secund instance aucht and suld be sufficient ressones of reductioun seing the said haill proces wes led and deducit for non comperance and null defence. And thairfoir the said pretendit sentence and dome of forfaltrie, with all that hes followit or may follow thairupone, aucht and suld be retretit, rescindit, cassit, annullit, decernit and declarit to have bene frome the beginning and to be in all tymes cumming null, and the saidis Williame, erle of Angus, George, erle of Huntlie and Francis, erle of Erroll, for thame selffis and the said George, erle of Huntlie as brother sone, cheif and kynnisman foirsaid to the said umquhile Schir Patrik, restorit, reducit and reponit in thair awin places to the richtis of thair landis, heretages, rowmes, possessionis, offices, honouris and digniteis quhilkis they had befoir the said foirfaltrie in the samin maner, forme and estait as gif the said pretendit forfaltrie had nevir bene led nor maid for the causes foirsaidis, as at mair lenth is contenit in the principall summondis of reductioun rasit in the said mater. The saidis Williame, erle of Angus, George, erle of Huntlie, for himself and as ane of the narrest of kyn of the said umquhile Schir Patrik Gordoun, and the said Frances, erle of Erroll, comperand all personalie, and the said Maister Johne Skeyne, clerk of registrie, for himself and his saidis deputtis, being alsua personalie present, quha, for satisfeing the desyre and productioun of the said summondis, producit in parliament thir wryttis following, to wit: the foirsaid pretendit summondis of foirfaltrie rasit and execute at oure soverane lordis instance aganis the saidis Williame, erle of Angus, George, erle of Huntlie, Francis, erle of Erroll and the said umquhile Schir Patrik Gordoun of Auchindoun, knycht, of the date the nyntene day of Marche the yeir of God jM vC fourscoir threttene yeiris, togidder with the haill executionis of the said pretendit summondis and verificatioun of the samyn, act of interloquutour be the quhilk the said pretendit summondis and ressoun of tressoun thairin qualefeit wes fundin relevant, haill wryttis and probationis led and deducit for preving of the crymes of tressoun contenit thairintill, viz: the aucht blankis allegit subscryvit be the saidis Williame, erle of Angus, George, erle of Huntlie, Francis, erle of Erroll and the said umquhile Schir Patrik Gordoun, with thair seallis and stampis; aucht sindrie depositionis allegit maid and subscryvit be Maister George Ker; ane missive letter allegit writtin and subscryvit be him direct to his majestie; fyve sindrie depositionis allegit maid and subscryvit be umquhile David Grahame of Fintrie, with the dome of forfaltour gevin and pronuncit aganis the said umquhile David Grahame, and ane missive writtin with the said Davidis awin hand; sex missive lettres allegit writtin be Maister James Gordoun under the fenyeit name of James Crystesoun; ane missive letter allegit writtin be Robert Abercrombie under the fenyeit name of Robert Sandersoun; ane pretendit letter allegit writtin and subscryvit be umquhile David Grahame, sumtyme of Fintrie under the fenyeit name of David Foster; the pretendit letter of recomendatioun allegit writtin be the saidis Maisteris James Gordoun and Robert Abercrombie in favoris of the said Maister George Ker; togidder with four chargis direct be his majestie and lordis of secrete counsaill quhairby the saidis Williame, erle of Angus, George, erle of Huntlie and Francis, erle of Erroll and the said umquhile Schir Patrik Gordoun wer chargit to enter thair persones in waird as suspect of treassoun, with the executionis of the saidis chargis; ane act and decrete of secrete counsaill following upone the saidis charges and publicatioun past upone the samin decrete, togidder with the said pretendit sentence and dome of foirfaltrie gevin and pronuncit upone the said summondis contrair the saidis Williame, erle of Angus, George, erle of Huntlie, Frances, erle of Erroll and the said umquhile Schir Patrik Gordoun in the parliament haldin at Edinburgh, the tuentie tua day of Aprile jM vC fourscoir fourtene yeiris. Upone the productioun of the quhilkis wryttis judicialie in presens of his majestie, estaittis and pairteis persewaris foirsaidis, Maister Johne Skeyne, clerk of registrie, askit instrumentis. And the said Maister Thomas Hamyltoun of Drumcarne, advocat to oure soverane lord, for him self and als for the said Walter, commendatar of Blantyre, thesaurar and comptroller to his majestie, for his hienes interes, being lykwayes personalie present, quha referrit the ressones of the said summondis of reductioun and relevancie thairof to the saidis estaittis, thaireftir the foirsaidis pairteis richtis, ressones, allegationis with the foirsaid proces and dome of forfaltour, haill wryttis and blankis befoir specefeit producit be the said clerk of registrie, utheris wryttis and probationis producit and repetit for the pairtis of the saidis persewaris for preving of thair ressones of reductioun abonewrittin hard, sene, understand and his hienes and estaittis thairwith being ryplie advysit, oure soverane lord and estaitis of parliament findis and declaris that the ressoun of the said summondis of forfaltrie wes sufficientlie and relevantlie qualefeit in that pairt anent the tyme of the conspiracie, persones of the conspiratouris and with quhome they conspyrit upone the crymes and tressones mentionat in the saidis ressones, and thairfoir assolyeis simpliciter the saidis thesaurar and advocat frome that pairt of the foirsaid ressoun of reductioun proponit aganis the generalitie and irrelevancie of the said summondis of forfaltrie in the heidis and pointis thairof abonerehersit, and decernis thame quit thairfra in tyme cumming; and als findis and declaris the haill remanent ressones of reductioun befoir specefeit relevant and sufficientlie qualefeit to infer reductioun of the said decrete and dome of forfaltour (except in the speciall heidis thairof abonewrittin quhairfra absolvitor is gevin as said is). And thairfoir oure soverane lord and estaitis of parliament retretis, rescindis, cassis and annullis the foirsaid pretendit decrete of secrete counsaill findand and declarand the saidis Williame, erle of Angus, George, erle of Huntlie, Francis, erle of Erroll and the said umquhile Schir Patrik Gordoun of Auchindoun, knycht, to have incurrit the panis of tressoun for thair not entering in waird and obeying the said charge of treassoun of the date at Edinburgh, the aucht day of Marche the yeir of God jM vC fourscoir threttene yeiris, togidder with the said act of interloquutour maid in the said first instance findand the said summondis and ressones of treassoun thairin contenit relevant. And als retretis and rescindis the foirsaid pretendit sentence and dome of forfaltour gevin and pronuncit in maner foirsaid of the date at Edinburgh, the aucht day of Juni jM vC fourscoir fourtene yeiris with all that hes followit or may follow thairupone, and decernis and declaris the samin to have bene frome the beginnig and to be in all tyme cumming null and of nane availl, force nor effect, and restoris the saidis Williame, erle of Angus, George, erle of Huntlie, for him self and as brother sone, cheif and speciall kynnisman to the said umquhile Schir Patrik Gordoun of Auchindoun, knycht, and als the said Frances, erle of Erroll, in thair awin places and to thair awin landis, heretagis, rowmes, possessionis, richtis, titillis and securiteis quhilkis they had thairof befoir the said forfaltrie, honouris, digniteis, offices and estaitis als frelie as gif the saidis pretendit sentence, decrete of secrete counsaill and dome of forfaltour had nevir bene led, gevin nor execute becaus the haill ressones of reductioun abonewrittin (except that pairt thairof qualifeit and proponit aganis the generalitie and irrelevancie of the said summondis of forfaltour fra the quhilk absolvitour is gevin in maner foirsaid) being fundin relevant be oure said soverane lord and his estaitis of parliament, wes in all the pointis, heidis and articlis thairof sufficientlie verefeit and provin, as wes cleirlie understand to oure said soverane lord and estaitis foirsaidis; and ordinis lettres to be direct to the effect foirsaid in forme as efferis.†
[1597/11/9]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and his hienes estaitis in parliament, haveand speciall consideratioun and regard of the great privelegis and immuniteis grantit be his hienes predicessoris of maist worthie memorie to the halie kirk within this realme and to the speciall personis exercing the officis, titillis and digniteis of prelaceis within the samin, quhilkis personis hes evir representit ane of the estaitis of this realme in all coventionis of the saidis estaitis, and that the saidis privelegis and fredomis hes bene from tyme to cum† renewit and confermit in the same integritie and conditioun quhairin they war at ony tyme of befoir, sua that his majestie, now agknawlegeing the samin to be fallin and becumin under his majesteis favorable protectioun, thairfoir his majestie, of his great zeall and singular affectioun quhilk he alwayis hes to the advancement of the trew religioun presentlie professit within this realme, with advyis and consent of the saidis estaitis, statutis, decernis and declaris that the kirk within this realme quhairin the samin religioun is professit is the trew and halie kirk, and that sik pasturis and ministeris within the samin as at ony tyme his majestie sall pleis to provyid to the office, place, title and dignitie of ane bischoip, abbott or uther prelat sall at all tyme heirefter haif voitt in parliament siclyk and als frelie as ony uther ecclesiasticall prelat had at ony tyme bigane. And als declaris that all and quhatsumevir bishopreis presentlie vacand in his hienes handis quhilkis as yit ar undisponit to ony persone, or quhilkis salhappin at ony tyme heirefter to waik, salbe onlie disponit be his majestie to actuell prechearis and ministeris in the kirk or to sik utheris personis as salbe fundin apt and qualifeit to use and exerceis the office and functioun of ane minister or precheour, and quha in thair provisionis to the saidis bishoprikis sall accept in and upoun thame to be actuell pasturis and ministeris, and according thairto sall practeis and exerce the samin thairefter. Item, as concerning the office of the saidis personis to be provydit to the saidis bishoprikis in thair spirituall policie and guvernament in the kirk, the estaitis of parliament hes remittit and remittis the samin to the kings majestie to be advysit, consultit and aggreit upon be his hienes with the generall assemblie of the ministeris at sik tymes as his majestie sall think expedient to treat with tham thairon; but prejudice alwayis in the mentyme of the jurisdictoun and disciplin of the kirk establischit be actis of parliament maid in ony tyme preciding and promittit be the saidis actis to all generall and provinciall assembleis and uthairis quhatsumevir presbitereis and sessionis of the kirk.
[1597/11/10]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis in parliament statutis, decernis and ordanis that all parochineris of everie paroche kirk within this realme build and repair the kirkyard dyikis of thair awin paroche kirk with stane and mortour to the heiche of twa ellis, and to mak sufficient stillis and enteres in the saidis dyikis to pas to the kirk and kirkyard thairof. And ordanis the lordis of the sessioun to direct and gif lettres and chargis thairupoun in forme as efferis.
[1597/11/11]*[print] [email] [cite] [preceding] [following]
The kingis majestie and estaitis in parliament decernis and declaris that heretable infeftmentis of fewferme sett, gevin and disponit be his hienes or ony of his progenitoris of gud memorie of annexit propertie is null of the law be way of actioun or exceptioun, except sik infeftmentis and dispositionis quhilkis ar sett be his majestie or his predecessoris being of perfite aige efter dissolutioun maid in parliament in his or thair majoritie with augmentatioun of the rentell.
[1597/11/12]*[print] [email] [cite] [preceding] [following]
Item, it is decernit and declarit that all heretable dispositionis gevin and grantit in ony tyme bigane or to cum to ony persoun of his hienes annexit propertie, to be haldin of his majestie and his successoris in cheif be service of ward and releif or in ony uther maner of halding then in fewferme allanerlie, is null and of nane availl be way of actioun or exceptioun, becaus landis or uther annexit propertie to the crowne can nocht be sett or disponit bot in fewferme allanerlie, provyding that this constitutioun na[waies]† prejudge sik infeftmentis and alienationis as ar maid and gevin be his hienes or his predecessoris be way of excambioun, permutatioun nor recompensatioun, sua that thairby his hienes rentell be nocht diminischit.
[1597/11/13]*[print] [email] [cite] [preceding] [following]
Item, it is decernit and declarit that all heretable alienationis of fewferme or utherwayis assedationis, rentellis, pensionis, giftis and dispositionis quhatsumevir maid and gevin be his hienes or ony of his predicessoris of his majesteis paliceis, castellis, parkis, medowis, coilheuchis and uthairis underwrittin, they ar to say of the palice of Halyrudhous and park thairof, palice of Lynlythgw, park and coill thairof, palice of Falkland, coill, park and lowmondis thairof, castell of Striviling, parkis and wardis thairof, and of the Torwod, castell of Dunbartane, with the landis and manes adijcent thairto, castell of Blaknes and generallie of all and quhatsumevir castellis, parkis, medowis, coilheuchis and uthairis of his majesteis annexit propertie, ar null and of nane availl, force nor effect fra the begyning be way of actioun or exceptioun.
[1597/11/14]*[print] [email] [cite] [preceding] [following]
It is statut that all infeftmentis, alienationis, rentellis, assedationis, pensionis, giftis, dischargis and uthair dispositionis quhatsumevir of the annexit propertie, and speciallie of the customes great or small maid and gevin efter the annexatioun and befoir lauchfull dissolutioun in parliament, or maid and gevin efter the dissolutioun and yit contrair to ony of the conditionis of the same, ar null of the law be way of actioun or exceptioun in all tyme bigane and to cum.
[1597/11/15]*[print] [email] [cite] [preceding] [following]
It is statut and ordanit that all infeftmentis and alienationis in fewferme or uthervayis, and all rentellis, assedationis and dispositionis quhatsumevir in all tyme bigane and to cum of the assyis hering, is null and of nane availl becaus the said assyis hering pertenis to oure soverane lord as ane pert of his customes and annexit propertie.
[1597/11/16]*[print] [email] [cite] [preceding] [following]
Item, the kingis majestie and estaitis in parliament decernis and declaris all officis of heretable chalmerlanreis and all frie giftis and dischargis of the kingis propertie, or ony pert thairof, with all feis, casualiteis or privelegis pertening thairto, to be null and of nane availl, and ordanis thame to ceis in all tyme cuming sua that the king and his comptroller may frelie intromet with the samin and all the rentis thairof lyk as gif the saidis offices and dispositionis had nevir bene maid.
[1597/11/17]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis in parliament retretis, rescindis, cassis and annullis all and quhatsumevir heretable infeftmentis and all and sindrie uther dispositionis maid and gevin to ony persone in ony tyme begane of ony pert of the fewferme dewteis pertening to his hienes furthe of the annexit temporalitie of beneficis of this realme or of the annexit propertie or of ony pert of the patrimonie of the crowne.
[1597/11/18]*[print] [email] [cite] [preceding] [following]
Item, it is statut and ordanit that all takis and assedationis set in diminutioun of the rentell or first assumptioun and pensionis maid and gevin to ony person in ony tyme bigane or in tyme heirefter of the thriddis of the benefices, or ony pert thairof, ar and hes bene fra the begyning null and of nane awaill, and that it sall nocht be lesum to his hienes in ony tyme cumming to gif and dispone the same in ony maner of way.
[1597/11/19]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis in parliament ratifeis, apprevis and confirmis the act maid be his hienes, with advyis of the lordis of his secreit counsale and chaker, upoun the fourtene day of Februar the yeir of God jM vC fourscoir sevin yeiris and confirmit in parliament, with advyis of the estaitis, upoun the fyift day of Juni the yeir of God jM vC nyntie twa yeiris anent the reformatioun of the abusis of the thriddis of beneficis, commoun kirkis, freiris landis, rentis and beneficis of cure under prelaceis within this realme, and reduceing of the samin to thair first institutioun, to haif the strenthe, force and effect of ane perpetuall and generall law in all tyme cumming in all clauses and articlis of the samin and conform to the tennour thairof in all poyntis amangis all and sindrie oure soverane lordis lieges, alsweill be way of actioun and persute as be way of exceptioun and defence, and declares and decernis all and sindrie exceptionis grantit in favour of ony persone or personis in the bodie of the said act or severalie in the said parliament haldin at Edinburgh the said fyift day of Junii the yeir of God jM vC nyntie twa yeiris, or in ony uthair parliament haldin thaireftir, to be null and of nane availl, force nor effect be way of exceptioun or reply lyk as gif the samin had nevir bene gevin nor grantit, provyding alwayis that the exceptioun and provisioun contenit in the said act and constitutioun tuicheing heretable infeftmentis sall remane and stand in the awin strenthe and effect as ane exceptioun maid fra the said act and ordinance, and siclyk but prejudice of ony privelege grantit to the college of justice or ony of the lordis thairof.
[1597/11/20]*[print] [email] [cite] [preceding] [following]
It is statut and ordanit that the twa pert of the spiritualitie unassumit of all prelaceis now vacand or that sall happen to vaik and all fruitis, rentis, proffeitis and emolumentis thairof sede vacante sall appertene to his hienes and his successoris to the sustentatioun of thair houses and effairis and sall onnawayis be disponit in all or in pert to ony persone be way of pensioun, gift or dispositioun quhatsumevir.
[1597/11/21]*[print] [email] [cite] [preceding] [following]
Forsamekle as thair is certane generall and originall lawis quhairby expres provisioun is maid that his majesteis propertie and annexit temporalitie of beneficis may nocht be delapidatt nor disponit to his hienes prejudice and derogatioun of the saidis lawis, it is thairfoir statut and ordanit be his majestie, with advyis of the estaitis in parliament, that the saidis generall lawis sall haif thair first effect and that na derogatioun salbe maid thairto be quhatsumevir gift or dispositioun notwithstanding the same be particularlie ratifeit in parliament, except the said ratificatioun and new dispositioun be maid with expres and speciall dispensatioun of the saidis generall lawis and be the advyis of the estaitis to be speciallie mentionat thairin; and the lordis of the sessioun sall juge according to the generall lawis without respect of ony perticular dirogatioun maid thairto to his majesteis hurt or prejudice or contrair the tennour of the saidis actis.
[1597/11/22]*[print] [email] [cite] [preceding] [following]
It is statut and ordanit that all ministeris that salhappin to ressave ony assignationis for thair stipendis furthe of the fruitis and rentis of ony benefice within this realme sall at the tyme of the ressaveing of thair assignationis and rasing of letteris conform thairto declair and gif up particularlie to the clerk, directour and subscryver of the saidis letteris howmeikle thai or ilkane of tham hes of the temporalitie gevin and disponit unto thame in thair severall assignationis; the quhilk clerk salbe haldin and oblishit to gif and deliver the same to the clerk of the thesaurarie of augmetatioun to be insert and remane in registrie in all† cumming. And mairowir all and sindrie prelattis and uthairis possessoris of all beneficis quhilkis ar at his hienes gift or dispositioun sall lykwayis gif up to the clerk foirsaid ane sufficient inventar conforme to the first assumptioun of the thriddis of all rentis, proffeitis and dewteis of the tua pert of the saidis beneficis and howmeikle thairof is sett in fewferme or in feudifirma feudifirmarum, with certificatioun to thame and everie ane of tham and they failyie, or gif they salhappin to omit ony of the rentis, fruitis foirsaidis or gif up ane rentell quhilk is nocht just and leill, in that caice thair beneficis sall vaik in his hienes handis as gif they war naturalie deid, sua that his hienes may dispone thairupon and intromet with the proffeitis of the same at his plesour.
[1597/11/23]*[print] [email] [cite] [preceding] [following]
It is statut and ordanit that all fewaris of quhatsumevir annexit landis pertening to the temporalitie of all beneficis within this realme (except laik patronagis) salbefoir the first day of Januar the yeir of God jM vC nyntie aucht zeiris exhibit and produce to the thesaurar of augmentatioun and his deputis thair infeftmentis and titillis quhairby thai bruik and posses the saidis landis, to the effect his hienes and his saidis officiaris may be inspectioun thairof understand the dewtie quhilk thai and ilkane of thame aucht and suld pay to his hienes; the quhilk clerk sall extract ane mynute thairof, and all the speciall clauses and provisionis, gif any be contenit in the saidis infeftmentis, to remane with him as ane trew and autentik rentell of his hienes temporalitie intycumming. And gif ony of the saidis fewaris failyeis in the premises, the infeftment of fewferme and all uthair rycht and title quhilk he can allege and pretend to the saidis landis to be null and of nane availl, force nor effect be way of exceptioun or reply; and it salbe lesum to the king and his thesaurar foirsaid to intromet, lift and uptak the mailles, fermes and dewteis at the terms of Witsonday nixt and immediatlie following the said first day of Januar nixt; and ordanis that this act salbe imprentit befoir the first day of Maii nixtocum, or failyeing thairof, salbe oppinlie publishit at the heid burghe of ilk shyre; and that the samin sall nocht be extendit to ony person quha hes producit and shawin thair haldingis alredie.
[1597/11/24]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament haveand consideratioun of the great dammpnage and skayth quhilk his majestie and liegis of this realme sustenis throuch evill and untymous payment of the few dewteis of thair landis sett in fewferme, thairfoir statutis and ordanis that incais it salhappin intycumming ony wassell or fewar haldand landis in fewferme of oure soverane lord or of ony uthair superiour immediatlie in fewferme to failyie in making of payment of his few dewtie to oure soverane lordis comptroller or uthair haveand powar of him or to uthair immediat superiour or uthairis haveand powar of him be the space of twa yearis haill and togidder, that they sall amit and tyne thair said few of thair saidis landis conform to the civill and cannoun law siclyk and in the samin maner as gif ane claus irritant war speciallie ingrossit and insert in thair saidis infeftmentis of fewferme.
[1597/11/25]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament haveand consideratioun that exhorbitant proffeit and usurie takin for the len of money is nocht onlie be the law of God condemnit bot also is forbiddin be the lawis of this realme and actis of parliament, thairfoir statutis and ordanis that nane of oure soverane lordis liegis tak upon hand in ony tyme heireftir to tak ony gritar proffeit or annuelrent for the len of money owther be infeftment or be band or contract directlie or indirectlie bot ten for the hundrethe, under the pane of confiscatioun of all thair moveable gudis and geir, and to be uthairwyis punishit in thair personis as commoun occuraris according to the lawis, and for that effect to be callit and persewit at perticular dyettis befoir the justice and his deputis to underly the law for the samin; and that infeftmentis, contractis and obligationis to be maid intymcuming for payment of annuelrent of victuell, that the victuell thairin contenit salbe reducit to sik conformitie of price as sall† to ten for the hundrethe allanerlie, sua that the pertie addettit payand ten for the hundrethe the samin salbe als lauchfull as gif they had payit the victuellis contenit in the saidis infeftmentis. And becaus thair is diverses personis quha obtenis thame selffis infeft in the propertie of landis for small sowmes of money under reversioun and settis tak bak agane to the heretour or uthairis to his behuiff for payment of ane great dewtie in silver or victuell far exciding the proffeit of ten for ilk hundrethe; as also be contract, band or obligatioun makis simulat forme of bying or selling of victuell to be deliverit at ane certane day and failyeing thairof, certane heiche pricis liquidat thairin, of intentioun onlie of defraud of the said act to recover with thair principall sowme sik exhorbitant oker and proffeit as is directlie forbidin heirin; as lykwayis thair is diverses personis quha the tyme of the debursing of the said sowme quhilk thai lett to proffeit aggreis with the pertie for the usurie and okker far exciding the ordiner annuelrent foirsaid, and retenis the samin in thair handis and takis thair securitie be plane forme of obligatioun or uthairwayis of the haill sowme to be payit at ane certane terme as gif na sik exhorbitant proffeit and oker had bene deducit or allowit thairin, thairfoir statutis and ordanis that all sik infeftmentis, bandis, contractis or obligationis quhilkis salhappin to be maid in maner foirsaid in defraud of the said actis and statutis and for circumventioun of the liegis astrictand thai to pay forther proffeit in silver nor according to ten for the hundrethe or mair victuell nor may be answereable in price to the anuelrent in silver foirsaid, in maner abonespecifiit, salbe null and of nane availl, force nor effect, as gif the samin had nevir bene maid, notwithstanding quhatsumevir uther cullerit or pretendit claus be insert thairin; and the said nullitie upon the causes foirsaidis to be ressavit summerlie, alsweill be way of exceptioun and reply as be way of actioun, and to be tryit be the ayth of pertie and all uthair lauchfull probatioun conjonit thairwithe competent of the law, quhairby the said unlauchfull oker may be verefeit to the juge and the said nullitie to be persewit be the pertie, his airis, executouris and assignais with concurrence of the kingis advocat aganis the creditour, his aris and executoris, notwithstanding quhatsumevir ratificatioun of the band and infeftment or renunciatioun of the said actioun grantit be the pertie, quhairin it sall nocht be lesun to him to transact without his majesteis consent and licence grantit to that effect. And the said infeftment, band and obligatioun being reducit, the kingis majestie and his donatour to haif undowtit rycht to the principall sowme quhilk was deliverit, togidder with the ordiner annuelrent of all yeiris and termes bigane unpayit; and the pertie to haif repetitioun of quhatsumevir exhorbitant proffeit he hes payit exciding the ordiner annuell foirsaid, incais he concurr with his hienes advocat in the said reductioun, utherwayis to be debarrit frome the repetitioun of ony sowmes payit be him; the kingis majestie alwayis, his advocat and donatour to haif full rycht in thair personis to persew the reductioun and annulling of the saidis securiteis for the causes foirsaidis, albeit the principall pertie refusis to concure with tham thairin.
[1597/11/26]*[print] [email] [cite] [preceding] [following]
Oure soverane lord ratifeis and apprevis the actis of parliament maid of befoir be his hienes, with consent of the thrie estaitis, in the monethe of December jM vC lxvij yeiris anent schuting and bering of culveringis and uthairis ingyne of fyre wark, and ordanis the same to be put to executioun with all rigour and the controvenaris thairof to be punishit conform to the panis contenit thairin, and mairowir be confiscatioun of all thair guidis moveable, sua that the ane pane sall nocht stop nor stay the uthair except it be utherwayis thocht expedient be his hienes, the ane half thairof to appertene to the apprehendar for his travell and laboris and the uther half to be applyit to oure soverane lordis use; and for executioun thairof, makis and constitutis ilk schiref, stewart, baillie, baroun and provestis, aldermen and bailleis within brughe his majesteis justicis in that pert, everie ane within thair fredomis and jurisdictionis, with powar to thame to serche, seik, tak and apprehend the offendaris and controvenaris and put thame to ane assyis; and being convict, to put tham in ward quhill the pane foirsaid be payit and untill they find siker souertie to forbeir in tyme cumming. And this act to serve for ane sufficient commissioun to the effect foirsaid.
[1597/11/27]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratifeis, apprivis and confirmis the act maid at Dundie, the fourtene day of Maii the yeir of God jM vC fourscoir sevintene yeiris anent the douncrying of the silver, off the quhilk the tennour followis: The quhilk day the kingis majestie, his nobilitie, counsale and estaitis presentlie convenit, considering the present scarcitie of cunyeit money now current within this realme and the great derthe and exhorbitant pricis quhairunto all sortis of gold and silver, alsweill forene as of his hienes awin cunyie, ar presentlie reducit be the libertie quhilk all sortis and degreis of personis takis at thair awin handis in rasing of the pricis of all gold and silver at thair plesure far above the just awaill prescryvit in his hienes lawis, actis and proclamationis maid theranent, be the quhilk forme of doing and be the unlauchfull transporting of the cunyie at all tymis furthe of this realme great disordour and confusioun hes bene interteneit and is liklie dalie to incres, to the hurt of the commoun weill and great contempt of his hienes and his authoritie gif the lawis alreddie maid heiranent sall nocht be put to dew executioun in all poyntis according to the tennour thairof with all convenient expeditioun. And thairfoir his majestie, with advyis of his said nobilitie, counsale and estaitis foirsaidis, hes concludit and ordanit and be thir presentis ratefeis and apprevis the lawis alreddie maid anent the dischargeing of the dalie rasing of the pricis of gold and silver, and ordanis that all and sindrie personis, transgressoris of the saidis lawis in rasing of the saidis pricis, salbe callit, tryit and punishit thairfoir with all extremitie. And forther that his hienes, with advyis of his said nobilitie, counsale and estaitis foirsaidis, has thocht meit to declair and mak it manifest that fra the xvij day of Maii instant the unce of silver cunyeit in ten shilling picis and the uthair smaller picis of ellewin pennyfyne cunyeit according to the last act of parliament sall stand at fyftie schillingis, and the auld xxx shilling picis, being of the lyk wecht and fynes, at the same price; and the new threttie shilling picis, being thrie quarteris of ane unce at xxxvij s. vj d., and the auld and new xx and ten shilling picis according thairto pro rata; and the unce of gold of xxij carret fyne, being his hienes awin cunyie of fyve pund and fyftie shilling picis, sall also stand at xxx lib. the unce; and forther that the spacis of money and fynes thairof, to wit: of ellewin penny fyne in silver and tuentie twa carret fyne in gold, salbe cunyeit and have cours heirefter conform to the actis of parliament maid theranent. And that all merchandis or uthairis personis, transportaris of the same furth of this realme, be tryit and punishit according to the saidis lawis and actis foirsaidis; and siclyk that na forayne cunyie of gold or silver sall haif cours amangis his hienes liegis heirefter bot haillelie imbrocht to serche† as bulyeoun to his majesteis cunyiehous, and that all gold, silver or uther cunyie quhilk salbe brocht within this realme heirefter quhairunto his hienes subjectis ar astrictit to bring in be his majesteis lawis as bulyeoun, the unce thairof being of tuelf deneiris or being basser and suppleit be compt and quantitie to be worthe tuelff deneiris, the merchandis, inbringaris thairof, sall haif ane unce of his hienes awin cunyie of elleivin dyneiris for everie unce of bulyeoun brocht in maner foirsaid; and of all uther forayne cunyie that they sall voluntarlie bring in to the cunyehous of the said ordiner bulyeoun, that thair be onlie the threttie pennie thairof retenit to his majesteis profeit. And alsua ordanis that all the saidis liegis conforme thame selffis in this mater of the cunyie to the will, declaratioun and determinatioun of his majestie, his nobilitie, counsale and estaitis foirsaidis, and on nawayis tak upon hand to brek and contravene the samin in ony pert as they will answer to his hienes upoun thair obedience at thair uttermest charge and parrell and under the panis proscryvit in his hienes lawis to be execut upon tham without favour. And to this effect, that the thesaurar and his deputis insist and seik the executioun of the panis and punishementis prescryvit in the saidis lawis aganis the contravenaris thairof with all rigour and extremitie as they will answer to his hienes upon thair office and obedience, and that the generall maister cunyeour, warder, compter warder, maister cunyieour, assayer, sinker, meltar, forgear and uthairis officiaris of his hienes cunyiehous proceid to the cunyeing, straiking and forgeing of new cunyie according to the lawis alreddie maid and this present act and ordinance as thai sall answer to his majestie upoun thair officis. And to the effect his majesteis subjectis may be resolvit upon the pricis of all gold and silver to be brocht be tham within this realme and quhilk the maister cunyeour salbe astrictit to pay to tham conform to the tennour of thir presentis, he salbe astrictit to haif oppinlie affixit in his hous of exchange ane autentik table to be maid be his hienes commissioneris appoyntit to that effect contenand the perticular pricis of all spacis of foran gold and silver usuallie inbrocht within this cuntrey according to the availl, wecht and fynes thairof. And that the clerk of his hienes registrie caus imprent thir presentis and all uthair actis maid concerning the cunyie, customes and bulyeoun quhairthrow his hienes subjectis pretend na ignorance thairof. Quhilk act abonewrittin, oure said soverane lord, with advyis of the saidis estaitis in parliament, ratefeis, apprevis and confirmis in all poyntis efter the tennour thairof, and decernis and declaris the samin to haif the strenthe, force and effect of ane law and act of parliament in all tym cumming.
[1597/11/28]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratifeis, apprivis and confirmis the act maid at Dundie, the xiij day of Maii the yeir of God jM vC nyntie sevin yeiris anent the retening of woll within this realme, off the quhilk the tennour followis: The quhilk day the kingis majestie, with advyis of his nobilitie, counsale and estatis presentlie convenit, ratifeis, apprivis and confirmis the act of parliament maid be his hienes and his estaitis for the tyme anent the receaveing and detening within this realme of all the woll quhilk growis within the same in all and sindrie poyntis, articlis and clauses thairin contenit, and ordanis the said act to be put to dew executioun in all poyntis aganis the controvenaris thairof, notwithstanding ony licencis or uthair dispesatioun grantit be his hienes in the contrair. Quhilkis licencis and dispesationis, strenthe and effect thairof his majestie annullis and dischargis simpliciter be thir presentis, promitting on nawayis to grant ony sic licencis or dispensationis at ony tym heirefter. And that craftismen, strangearis, be brocht hame within this realme for working of the said woll within the samyn for the commown weill and proffeit thairof in tyme cumming. The quhilk act abonewrittin oure said soverane lord, with advyis of the estaitis in parliament, ratifeis and confirmis in all poyntis efter the tennour thairof, and decernis and declaris the samin to haif the strenthe of ane law and act of parliament in all tym cuming.
[1597/11/29]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis, apprivis and confirmis the act maid at Dundie, the threttene day of Maii the yeir of God jM vC nytie sevin yeiris anent oure soverane lordis customes, off the quhilk the tennour followis: Forsameikle as it is understand to the kingis majestie, his nobilitie, counsale and estaitis presentlie convenit that the subjectis of all forane nationis quhilkis bringis and transportis one kynd of clayth or uthairis wairis or merchandice from ony forane cuntrie to thair awin native countrie hes bene in use and yit still continewis in the payment of certane custome or uthair exactioun thairfoir, cheiflie at the tyme of thair arryvell and incumming within the samin, and almaist nane or few of the subjectis of ony realme exemit thairfra (the subjectis of the cuntrey onlie exceptit), quha, be resson of ane allegit bipast immunitie, clames the privelege of exemptioun, albeit it can nocht be denyit that his majestie is ane frie prince of a soverane powar, haveand als great liberteis and prerogativis be the lawis of this realme and privelege of his crown and diademe as ony uthair king, prince or potentat quhatsumevir, and thairfoir aucht to haif the lyk custome and exactioun for interteneing of his princelie estait of all claithe and uthairis wairis and merchandeice to be brocht within this realme be his hienes subjectis at all tymes thairefter. For the quhilk purpois his majestie, with advyis of his said nobilitie, counsale and estaitis, has thocht meit, concludit and ordanit that all claithe and uthairis merchandeice quhatsumevir to be brocht within this realme fra all forane nationis sall pay the custome following at the tyme of thair arryvell and entrie thairin in all tyme cumming, that is to say tuelff penneis of everie poundis worthe of all sortis of the saidis wairis or merchandeice. And to this effect, his hienes and his said nobilitie, counsale and estaitis giffis full powar and commissioun to the lordis auditoris of his chaker and utheris of his nobilitie and counsale to the nowmer alwayis of ellevin personis at the leist to set down the A. B. C. of the custome of all clayth and uthairis wairis and merchandeice quhilkis salbe brocht and enter within this realme yeirlie heirefter; with powar lykwayis to thame to sett price upoun the saidis wairis, conform to the quhilk the custumaris to be appoyntit be his majestie to that effect sall uplift custome thairof and to mak all uthair ordinancis necessar for the ease of the merchandis and suretie of his hienes custome in the executioun of the premises, and alsua of sik uthair gudis to be transportit furthe of this realme as is nocht as yit expressit in the A. B. C. alreddie maid; provyding this act be nocht extendit to erlis, lordis, barronis and friehaldaris, bot it salbe lesun to thame to send thair gudis beyound see for thair awin perticular use and als it salbe lesun to thame to bring within this realme wynis, claythis and uthair furnessingis for thair awin perticular use and nawayis to mak merchandice thairof conform to the lawis and liberteis grantit to thame of befoir. The quhilk act abonewrittin oure soverane lord and estaitis foirsaidis decernis and declaris to stand as ane law in all tyme cuming.
[1597/11/30]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estatis of this present parliament ratifeis, apprivis and confirmis the act maid at Dundie, the threttene day of Maii the yeir of God jM vC nyntie sewin yeiris anent the hamebringing of Inglis clayth, off the quhilk the tennour followis: The quhilk day the kingis majestie, his nobilitie, counsale and estaitis presentlie covenit, foirseing the great hurt and inconvenient quhilk the commounweill of this realme dalie sustenis throuch the unproffitable traid usit be merchandis in the hambringing of Inglis clayth and uthairis Ingillis wairis and merchandeice maid of woll, the same clayth haveand onlie for the maist pert ane outwart shaw, wantand that substance and strenthe quhilk oftymis it apperis to haif, and being ane of the cheif causes of the transporting of all gold and silver furthe of this realme and consequentlie of the great skarsitie and present derthe of the cunyie now currand within the samin, seing that kynd of exchange can nocht weill be interteneit be ony lauchfull tred or utheris wairis or merchandeice to be transportit furthe of this realme, quhilk be the lawis of the samin ar nocht alreddie prohibit and forbiddin. And thairfoir his majestie, with advyis of his said nobilitie, counsale and estaitis foirsaidis, has thocht meit and convenient to restrane the hambringig within this realme of all Ingillis clayth or uther Ingillis wairis or merchandeice maid of woll intymcumming, and ordanis his hienes liegis of quhat estait, qualitie or degrie that evir they be of that nane of thame tak upon hand to by or bring hame within this realme to be sauld ony kynd of Englishe clayth or utheris wairis or merchandeice maid of woll at ony tyme heireftir, under the pane of confiscatioun of the same clayth and merchandeice and all uthairis the moveable gudis of the hambringaris to his majesteis use. The quhilk act oure said soverane lord and estaitis foirsaidis ordanis to stand as ane law in all tym cumming.
[1597/11/31]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis, apprivis and confirmis the act maid at Dundie, the xiij day of Maii the yeir of God jM vC nyntie sevin yeris anent the transporting of coillis furthe of this realme, off the quhilk the tennour followis: Forsameikle as it is understand to the kingis majestie, his nobilitie, counsale and estaitis presentlie covenit that the great burne coillis ar commounlie transportit furthe of this realme be diverse and sindre personis quha at all tymis ladynis thair shippis and uthairis veshellis thairwithe and transportis the same at thair plesure, usand the samin as ane commown tred togidder without his majesteis licence or permissioun, to the great hurt of the commown weill and expreslie aganis his hienes lawis, actis of parliament and sindre proclamationis maid in the contrare. For remeid quhairof in tymecumming, his majestie, with advyis of the saidis nobilitie, counsale and estatis foirsaidis, statutis and ordanis that na personis, alsweill strangeris as uthairis borne subjectis of this realme, tak upoun hand to transsport ony great burne coill furthe of this realme at ony tyme heirefter, nor yit ladin thair shippis, crearis or utheris vessellis thairwithe to be transportit as said is under the pane of confiscatioun of the same coillis, shippis, crearris and uthairis veshellis to his majesteis use; certifeing thame and thay do in the contrair, that the samin coillis, shippis, crearis and veshellis salbe confiscat and intromettit withe with all rigour and extremitie in exemple of uthairis, and to this effect that all provestis and bailleis of the saidis burrowis, custumaris and sercheouris quhatsumevir sall serche, seik, tak and apprehend all and sindrie personis, controvenaris thairof, keip and caus retene thair personis in ward within thair towbuthis, fenshe and arreist thair shippis, crearis and veshellis, tak the saillis fra the rais and keip thame under areistment at his majesteis instance quhairthrou they depert nocht, notiefeand thair names to his hienes that his majestie may gif further directioun towartis tham as appertenis, as the saidis provestis, bailleis, custumaris and sercheoris will answer to his majestie upon thair office and obedience. The quhilk act oure said soverane lord and estaitis foirsaidis ordanis to stand as ane law in all tym cumming.
[1597/11/32]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of parliament statutis and ordanis that incais ony of the forbiddin gudis underwrittin be transportit upon licence furthe of this countrie, the transportaris sall pay thairfoir the customes underwrittin, to witt: for ilk stane of woll, fyve shillingis; ilk dussone ellis of lyning clayth, four shillingis; ilk boll of victuell, fyve shillingis; and ilk pundis worthe of forbiddin Inglis wairis inbrocht to this countrie upoun licence, tuelff penneis.
[1597/11/33]*[print] [email] [cite] [preceding] [following]
Item, it is statut and ordanit for eshewing of the damnage and skayth quhilk dalie arrysis throuche generall and informall cocquettis gevin and grantit unto† this realme, that in all tymis cumming all clerkis of the cocquheit sall perticularlie expreme and specifie in the cokquettis gevin be tham the perticular quantitie of the gudis and merchandeis, the speciall kyndis and sortes thairof, the names of the merchandis and awneris of the same, howmekle of the same gudis pertenis to ilk merchand and that the conservatour in the law countreyis admit nor allow ony cokquett except it be writtin and formit in maner foirsaid, bot sall confiscat all the saidis gudis nocht expremit perticularlie as said is, and mak compt and rakning thairof yeirlie to the thesaurar as he will answer upoun his office.
[1597/11/34]*[print] [email] [cite] [preceding] [following]
It is statut and ordanit becaus the cocquett is the schippis pasport and testimoniall of hir lauchtfulnes, that the conservatour sall fens and arrist all shippis nocht haveand ane cocquett or nocht haveand ane cocquett formallie writtin, and esheat the haill gudis and geir being in the said ship to oure soverane lordis use, and mak compt thairof yeirlie in the chaker to the thesaurar.
[1597/11/35]*[print] [email] [cite] [preceding] [following]
Item,† the conservatour sall not ressave nor admit onye cocquet, albeit the same be lauchfullie gevin, except the mercheandis, skipparis, factouris and everie ane of thame befoir the loissing of onie of thair gudis mak faith and suere solempnedlie be God him self, his creator, that he hes na forbiddin gudis or geir or na uthair lauchfull mercheandices by and attour that quhilk is contenit in the cocquet nor knawis of nane to be in the samyn schip pertening to uthairis; and that safar as he understandis the haill gudis and geir pertenis properlie to fremen and na pairt thairof to unfremen. As alsua at thair bak returning fra the law cuntreis towardis Scotland, thay sall lykwyis gif thair solemp aitheis befoir the lading of the schip or in putting of onie gudis that the gudis properlie pertenis to thame selffis and not to strangeris. And gif thai los onie gudis and geir cumand frome Scotland befoir the geving of the said aithe, or puttis onie gudis in schip burde to be transportit towardis Scotland, all the same gudis to be confiscat. And gif the said aithe be refusit be thame all and thai nawyis will mak the same, it salbe lesum to the conservatour to aireist the said schipe and all the gudis contenit thairin. And gif sum makis aithe and uthairis refusis, he sall arreist all the gudis pertenand to the pairteis refusand and mak compt thairof as said is; and quhatsumevir gudis that is not contenit in the cocquet to be confiscat as said is.
Item, it is statute and ordaind that all mercheandis and skipperis at the resaveing of thair cocquetis in all pairtis and portis within this realme sall gif thair solempe aitheis and mak faithe in forme and maner abone expremit; and that thay haif na forbiddin gudis nor na uthair lauchfull gudis or mercheandice except that quhilk is contenit in thair cocquet and entres, and sall tak na uthair gudis in all that voyage under the panis foirsaidis, quhilk aithe salbe maid to the customeris, quhairanent thay salbe ansuerabill yeirlie in the chekker.
[1597/11/36]*[print] [email] [cite] [preceding] [following]
It is statute and ordanit that na schippe passand to the law cuntreis sall land onie menis, gudis or geir in ony pairt thairof bot at the toun of Campveere or the ordinarie stapill for the tyme. And na persoun sall gang on land or transport onie thing out of the schippe befoir his arrivell at the same porte under the pane of ten pundis Flemish, to be taikin up fra the contravenaris be the conservatour and [he]† to be comptabill thairof to the thesaurar. And ordanis the conservatour in tyme cuming to tak the aithe of the skipper and mercheandis heareanent befoir the lossing of onie of thair gudis and geir.
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It is lykwise statute and ordanit that the conservatour sall put the actis of parliament to executioun anent ocker and usurie upoun all Scottis mercheandis, skipperis and factouris within the law cuntreis conforme to the tennour of the saidis actis in all pointtis as he will ansuer upoun his office, and mak compt anis in the yeir of his intromissioun to his hienes thesaurar.
[1597/11/38]*[print] [email] [cite] [preceding] [following]
Item, everie particular merchand cumand furthe of the law cuntreis to this realme sall gif up to the conservatour the speciall quantitie of his gudis and the qualetie thairof befoir the inbarking of the samyn gudis under the pane of confiscatioun thairof, and the conservatour to ve[ri]fie and try the same at his plesour, to the effect he may send hame ane cocquet of the same particularlie to his majesties thesaurar subscrivit be him self and† his deput for escheuing of the fraud quhilk may be usit towardis his majestie in his customes.
[1597/11/39]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this† parliament, understanding that thair has bene diverse actis of parliament maid anent the slayaris of blak fische in forbiddin tyme, smoltis and fry of all salmond fische and for halding doun of cruis and yeares, quhilk hes not tane effect throw the iniquitie of the tyme; and considdering that the gretest hurt and skaith is sustenit be his majestie throw want and inlaik of ane greit pairt of his hienes patrimonie of the custome of salmound, thairfoir his grace, with consent of the thre estaittis, hes ratefeit and apprevit and be thir presentis ratefeis and apprevis thir† formar actis maid for punishing of slayeris of reidfische, smoltis and fry of all fischeis in forbiddin tyme, commissioun and power thairin contenit making the particular personis thairin mentionat justiceis in that pairt, with this aditioun: that all and sindrie erleis, lordis, barronis, gentilmen and frehalders haveand land nixt adjacent to the watteris and reveris quhairin salmound fische ar takin and slane within all the pairts and bounds of this realme, sall according to the generall band find caution and souertie actit in the buikis of counsall that thai and everie ane of thame salbe answerabill for thair awin tennentis and induellaris within thair landis and for all uthairis within thair boundis safar as thair landis extendis, quhom thai may stope or let, conforme to the generall band, [that thai]† sall not slay onie salmound fische in forbiddin tyme with cobill, net, speir, wand, creill, pock or onie uthair kynd of ingyne, the erle and lord under the pane of ane thousand markis, the barroun and gentilman and uthairis quhatsumevir, awneris of watteris and landis, under the pane of fyve hundrethe markis, the ane pairt† of the saidis panes in case of contravention to be upliftit to his majesties use, ane† uthair half to the judgeis contenit in the formar actis; and that lettres of horning be direct at the instance of the saidis judges and chairge the saidis erleis, lordis and gentilmen and frehalders to find the said souerteis actit in maner foirsaid, exceptand furthe of the present act the watteris of Annand and Tued.
[1597/11/40]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with avise of the estaitis of this present parliament, considdering that the inhabitantis of the hielandis† iles of this realme, quhilkis are for the maist pairt of his hienes annext propertie, hes not onlie frustrat his majestie of the yeirlie payment off his proper rentis and dew service properlie addettit be thame to his majestie furthe of the saidis landis, bot that they have lykwayis throche thair barbarus†humanitie maid and presentlie makis the saidis hielandis and iles, quhilkis are maist commodious in thame selves, alsweill be the ferteillitie of the ground as be riche fischeingis be sey, altogidder unproffitabill baithe to thame selffis and to all uthuris his hienes liegis within this realme, thay nathair intertening onie civill or honest societie amangis thame selffis, neyther yit admittit utheris his hienesse lieges to trafficque within thair boundis withe saiftie of thair lives and gudes. For remeid quhairof, and that the saidis inhabitants of the saidis hilenedis and iles may the better be reduced to ane godlie, honest and civill maner of living, it is statute and ordanit that all landislordis, chiftennis and leaderis and† clannis, principall houses and houshalderis, heritouris and uthairis possessouris or pretendand richt to onie landis within the saidis hielandis and iles sal betuix this and the xv day of Maii nixtocum compeir befoir the lordis of his hienes cheker at Edinburgh, or quhair it salhappin thame to sit for the tyme, and thair bring and produce with thame all thair infeftmentis, richtis and titillis quhatsumevir quhairby thai clame richt and titill to onie pairt of the landis or fischeingis within the boundis foirsaidis, and then find sufficient cautioun actit in the bukis of cheker for yeirlie and thankfull payment to his majesties of his rentis, yeirlie deutie and service addettit be thame furthe of the landis possest and occupeit be thame or onie in thair names; and that thai thame selffis, men, tennentis, servandis and dependaris salbe answerabill to his hienes lawis and justiceis, and that thai nor nane of thame sall do injurie to onie uthairis his hienes liegis in thair personis or gudis quha salhappin to repair and travell within the saidis boundis for thair lauchfull trafict within the samyn; and that thai and everie ane of thame sall mak redresse to all pairteis skaithles† and hurt or to be skaithles† and hurt be thame in tyme cuming under sick panis as† sall pleis the saidis lordis of cheker to modefie by reparatioun of the skaithe to the pairteis that sustenit the samyn. With certificatioun to thame and ilkane of thame gif thai failyie in the premises or to compeir and find cautioun in maner and within the space foirsaid, that thai and everie ane of thame quha failyeis salbe decernit, lik as be this present act thai ar decernit to forfalt, amit and tyne all pretendit infeftmentis and uthair richt and titill thai haif or may pretend to have to onie landis quhatsumevir thai haif haldin or pretendis to hald of his majestie athair in propertie or superioritie, quhilk thair pretendit infeftmentis and titillis thairof in cais of failyie foirsaid ar now as then and then as now declarit be this present parliament to be null and of nane availl, force nor effect in thame selffis, and that the nullitie thairof salbe ressaved and admittit in all judgementis be way of exceptioun† reply, but onie proces, actioun or declaratioun† of reductioun to be gevin thairupoun.
[1597/11/41]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, [with advise]† of the estaitis of this present parliament, for the bettir intertening and continuing [of]† civilitie and polecie within the hielandis and iles, hes statut and ordanit that thair be erectit and buildit within the boundis thairof thre brugheis and burrow tounes in the maist convenient and commodius pairtis meit for the samyn, to wit: ane in Kintyre, ane uthair in Lochaber, and the thrid in the Lewis, to the quhilk brughtis and inhabitantis thairof oure soverane lord and estaittis foirsaidis sall grant and be thir presentis grantis all privelegeis quhilkis his hienes or predicessouris hes grantit to onie uthair brughtis or inhabitantis thairof within this realme. And that it salbe lesum to oure soverane lord, be the advise of the lordis of his majesties cheker, to gif, grant and dispone to everie ane of the saidis brughtis samekill land and grund furthe of his hienes annexit propertie as may serve to beig the saidis tounis upoun the samyn with samekill land and fischeingis nixt adjacent thairto in commoun gude to everie ane of the saidis thre tounes as may sustene the commoun chairgeis thairof, to be haldin in frie burgage of his hienes in sic forme and maner as his majesteis maist nobill progenitouris of worthie memorie hes grantit of auld to the erectioun of uthair brughtis of this realme.
[1597/11/42]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament statutis and ordanis that all lettres of horning, relaxationis, inhibitionis, interdictionis and publicationis thairof and uthairis of the lik sort that sall at onie tyme heireftir be resit and execut aganis quhatsumevir persone within this realme duelland within the baillereis or steuartreis, alsueill of royaltie as regalitie, be execut at the mercat croce of the heid brught and† toun of the saidis baillereis and steuartreis within the quhilk the saidis personis duellis; and als that the saidis lettiris be registrat in the saidis steuartis and bailleis bukis, quhilk registratioun salbe als lauchfull in† tyme cuming as gif the samyn had bene registrat in the schireff bukis, and that all executionis and registrationis that salhappin heireftir to be uthairwyis execut and registrat salbe null and of nane availl with all that hes followit thairupoun; and ordanis all the generall clauses and provisionis insert and mentionat in the actis of perliament maid of befoir anent registratioun of horningis in the schireffis bukis to be haldin and† expressed and repetit in this present ordinance and constitutioun.
[1597/11/43]*[print] [email] [cite] [preceding] [following]
It is statut and ordanit that all registrationis of lettres of horning, relaxationis, inhibitionis, interdictionis befoir quhatsumevir stewart, schireff or bailleis, alsweill of royaltie as regalitie, be athair registrat in tyme cuming judiciallie or befoir ane notar and four famous witneses by and attour the ordiner clark; and incais onie schireff, baillie and† steuart, alsueill of royaltie as regalitie, refusis to registrat the foirsaidis lettres of horning, relaxationis, interdictionis and uthairis of the lik sort, that the partie quha presentis the samyn lettres to be registrat tak instrumentis of the said refusall and presentit the samyn lettres thaireftir to the nixt steuart, schiref or baillie or to the clerk of registar and his deputtis to be deput be him, to the effect the samin may be registrat in the bukis of counsall; quhilk registratioun salbe als sufficient as gif the samin lettres war registrat in the schireff, stewart or bailleis bukis quhair the saidis personis duellis.
[1597/11/44]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis, apprevis and confermis the actis, lawis and constitutionis maid be his hienes and his predicessouris of worthie memorie of befoir aganis the schutting and slaying of deare, rais, hareis, wyldfoullis and dovis with hagbuttis, hand guns, croce bowes and pistollatis and taking of thame with girnis and nettis, and ordanis the same to be put to dew executioun in all tyme heireftir with this aditioun: that it salbe lesum to every schireff, steuart, baillie and barroune within his awin boundis to slay all lying doggis quhilkis the foullaris usis for slauchter of the said wyld foullis, and tak and apprehend the saidis foullis† thame selffis and put thame in stockis and detene thame thairin for the space of 48 houris als oft as thai be apprehendit.
[1597/11/45]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis foirsaidis, considderand the greit contempt done be the maist pairt of the liegis of this realme chairgeit† upoun assises or to do onie uthair thing upoun small pecuniall panes of unlawis, quhilkis panis beis sua small that thai respect not the samyn bot dissobeyis oure soverane lordis authoritie, thairfoir it is statut and ordanit be oure soverane lord and thre estaittis that quhensoevir onie persone contravenis onie lawis, statute or act of parliament maid ofbefoir continand ane speciall pecuniall pane and unlaw, that he sall pay for ilk tuell penneis of unlaw of auld, ten schillingis of present current money of this realme, and for ilk tuentie schillingis of auld, ten pundis of present money, and sua furthe proportionallie; and this ordinance to be understand of pecuniall panis and unlawes contenit in the lawis of this realme maid and constitut befoir the first day of Marche in the yeir of God 1542.
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Oure soverane lord and estaitis of parliament ratefeis and apprevis the actis of parliament maid ofbefoir aganis strang and idle beggaris, vagaboundis and Egiptianis with this aditioun: that strang beggaris and thair bairnis be imployit in commoun workis and thair service mentionat in the actis of parliament in the yeir of God ane thousand and fyve hundrethe sevintie nyne yeiris to be prorogat during thair lyftymes and in place of severall commissioun in landuart to be grantit be the king for executioun of the said act, the power thairof to be grantit to the particular sessioun of the kirk.
[1597/11/47]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of parliament statutis and ordanis that the panis of contraventioun salbe payit be the principall pairtie that is chairgeit to find lawborrowis, albeit he passe to the horne and find not cautioun; and gif he find cautioun, that baithe he as principall and als his cautioner salbe subject to the payment thairof at the optioun of the persewar as in all uthair pecuniall obligationis.
[1597/11/48]*[print] [email] [cite] [preceding] [following]
Oure soverane† and estaitis of parliament statutis and ordanis that the panis of contraventioun of the generall band salbe devidit betuix the king and the pairtie in all tyme cuming.
[1597/11/49]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament, finding that the securitie of all bying and selling of landis and of all escheittis depending upoun the registratioun of inhibitionis, interdictionis and horningis respective, the credeit quhairof allanerlie pertenis to the schireff clarkis quha hes bene oftymes improvin befoir the sessioun, thairfoir statuteis and ordanis that thair bukis be markit be the clark of registar be† sic forme and maner as uthair notaris bukis, and that the autentick copeis be reportit yeirlie to remane in the kingis registar; quhairanent thai salbe answerabill yeirlie in the cheker under the pane of warding of thair personis or horning as sall pleis the lordis auditouris of the chekker.
[1597/11/50]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of parliament statutis and ordanis that na barrounes be ressavit as commissioneris for onie schirefdome within this realme at onie parliament to be haldin heireftir except the saidis barronis bring and produce with thame sufficient commissionis grantit to thame in ane full conventioun of the haill barrounes of the said schirefdome; quhilk commissioun salbe authoresit with the subscriptioun of ane greit nomber of the barrones than present, to gidder with the clerk of the said conventioun, his subscriptioun. And gif the said commissioun be not past in dew forme in maner foirsaid, his hienes and estaitis dischairgeis the clark of registar in all tyme heireftir of onie receving of thair saidis commissiones.
[1597/11/51]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, understanding that throw want of sufficient and sure prisones, jailles and ward houses sindrie rebellis and transgressouris of the lawis, als weill criminall as civill, eschaipis unpunischit and justice contempnit. For remeid quhairof, oure soverane lord and estaitis hes statut and ordanit that within the space of thre yeiris in all brughis within this realme thair be sufficient and sure jailles and ward houses begged, uphaldin and mantenit be the proveist, bailleis, counsall and communities of the saidis burrowis upoun thair awin commoun gude or uthairwyis upoun the chairgeis of the brught. And that for sure ponesing,† warding and detening and als keping of all sic personis, transgressouris of his hienes lawis, upoun thair awin expenses, alsueill criminall as civill, and† salbe presentit unto thame be the schireff of the schyre to stewartis and bailleis of regaliteis within the quhilk the saidis brughes ar situat and speciallie quhair thair judicatorie sittis; and alsua all uthairis personis presentit athair to waird be vertew of thair awin authoritie within brugheis or uthairwyis upoun lettiris of captioun direct to thame.
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Forsamekill as in the parliament haldin at Edinburgh in the monethe of August the yeir of God jM vC lxxxiiij yeiris, all successouriis of† provisionis to abbaceis, commendatareis, pryoreis and nunreis within this realme maid be the titularis thairof for the tyme in favouris of thair successouris nominat be thame and giftis grantit to thame thairupoun be oure soverane lord contening reservatioun of the demitteris lyfrent of the same, in respect of the manifest abuse and corruptioun thairof, ar retreittit, rescindit and declarit to be null in the self; quhilk act of parliament is declarit be ane uthair act of parliament maid in the monethe of Julii the yeir of God jM vC lxxxxiij yeiris to be extendit to sic provisionis allanerlie as suld happin to be purchest eftir the making of the said first act, and not† sic provisionis as was deulie and lauchfullie past befoir the making of the said first act, quhairupoun diverse personis hes takin occasioun to purches and obtene giftis and provisionis of the saidis benefices as successouris nominat thairto be thair predicessouris and upoun thair dimissioun, with reservatioun of thair lyfrentis, and hes antedatit the signatouris thairof as gif the samin had bene past befoir the making of the said first act of parliament and yit hes not past the samin throw the greit seill quhill lang eftir the making of the said last act of parliament, quhilk declaris planelie the manifest fraud and falset of the saidis provisionis; quhilkis provisionis ar not† maist wranguslie and surreptitiouslie purchest as said is, bot alsua ar maist prejudiciall to his hienes in his rent and commodetie of the temporall landis thairof quhilk pertenis to oure soverane lord be the act of annexatioun as ane pairt of the patrimonie of his croun. And thairfoir oure said soverane lord and estaittis foirsaidis, considdering the manifest fraud and falset committit in the purchessing of the saidis pretendit provisionis and for obviating of the samin, retreatis, rescindis, cassis and annullis all sic provisionis of abbaceis, prioreis and nunreis and uthairis benefices maid or to be maid be quhatsumevir persoun or personis past upoun the dimissioun of thair predicessouris and contening the reservatioun of thair lyfrentis as said is quhilk war nocht deulie and lauchfullie past as said is and sped with all solemniteis, and speciallie quhilkis war not past and exped throw his hienes greit seill befoir the making of the said first act of parliament maid thairanent, quhilk was in the monethe of August the yeir of God jM vC auchtie four yeiris, and befoir the act of annexatioun be the quhilk the temporall landis was annexit to his majesteis croun, and declaris the samin to have bene frome the begining and to be in all tymes cuming of nane availl, force nor effect with all that hes followit or may follow thairupoun.
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Forsamekill as thair is diverse inhabitantis that dwellis and remanis within the frie burrowis with thair famelies and ar of ressonabill substance, as alsua hes rentis and levingis within the samin brught yit refusis to contribute for the intertenement of the pure waching and warding within brught with the rest of the nichtbouris or to beir thair pairt of sic uthair deuties as concernis his majesties service, thairby leving at libertie, nathair knawing the magistratis in kirk nor polecie, to the greit hinderance of his majesteis service and the haill realme. For remeid quhairof, it is statut and ordanit be oure soverane lord and thre estaits of this present parliament that all sic that hes thair residence and duelling within the said burrowis be thair famelies and may spend ane hundrethe pundis of yeirlie rent within the samin or stented be the discreit nychtbouris to be wortht tua thousand markis in frie gudis salbe subject to be burdenit with the rest of the inhabitantis for the advancement of the glorie of God and his majesties service and weill of the brught quhair thai duell, providing that this act be not extendit to sic as ar exemit for his majesties service as ane of ilk occupatioun for that caus, nathair to onie persoun that ar memberis of the college of justice and admittit be the lordis of sessioun.
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Oure soverane lord and thre estaitis of this present parliament, understanding that at sic tymes as taxationis and stentis occurris within this land that the proveist and bailleis of burrowis and sik as thai appoint steuartis within the samin without all gude ordour and discretioun stentis sinderie of the burgeses, inhabitantis of the burrowis, quha hes thair speciall rentis and levingis to landwart outwith brught according to thair habilitie, alsweill to landwart as to brught, albeit ressoun and equitie wald crave that thai suld be onlie stentit according to thair rentis and halding within brught becaus thair rentis and leving lyand to landuart ar stentit with the barronis, gentilmen and frehalderis within the schyreis quhair thay ly. It is thairfoir statut and ordaind that in all tyme cuming it sall not be lesum to the proveist and bailleis of brughes nor na stentaris within the same to stent onie personis thairin according to thair levingis and rentis lyand outwith brught† as thai do within uthair personis of thair rank and substance that hes na rent nor leving outwith brught, and na uthairwyis.
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The estaittis of parliament presentlie convenit, considdering how expedient it is that his majestie, for sindrie wechtie effairis and of greit consequens tending to the advancement of his hienes honour and estaittis and to the benefite of all the haill liegis of this realme, sall† diverse and sinderie honorabill imbassadouris to sinderie forane princis; and foirseing the greit and excessive chairgeis that man be maid be his majestie in furnessing and reiking out of the said ambassatouris, and his saidis estaittis being willing to help further and supplie the same and releif his majestie of ane pairt thairof, hes thairfoir frelie and volunterlie offerrit and grantit to his majestie ane taxatioun of tua hundrethe thousand markis to be upliftit and payit be the haill liegis of this realme in forme as followis: that is to say, the soume of ane hundrethe thousand markis be the spirituall estate, the soume of threscoir sax thousand sex hundrethe threscoir sax markis, aucht schillingis, ten penneis be the barrounes and frehalderes, and the soume of threttie thre thousand and thrie hundrethe threttie thrie markis, four schillingis, sex penneis be the barronis† of this realme, and that to be payit betuix and the first day of Aprill nixtocum. And for inbringing of the spirituall personis pairt of the said taxatioun, it is ordanit that lettres be direct chairgeing all and sinderie bischoippis, abboittis, pryouris and uthairis beneficed personis contenit in the taxt roll, thair chalmerlandis, factouris and intromettouris with thair levingis to mak payment of the soumes that thai and everie ane of thame ar taxt to Mark, lord of Newboittill, maister of requeistis, his hienes collectour generall appointtit for receving of the saidis† taxatioun, or his factouris, deputis and officiaris in his name haveand his power to receave the samin, and that betuix and the xv day of Marche nixtocum under the pane of rebellioun and putting of thame to the horne. And gif thai failyie, the said day being bypast, to denunce.† That the prelatis and beneficit men for thair releiff have lettres to chairge thair vassellis, subvassellis, fewaris, takismen, ladies of terceis, conjunctfearis† and pensioneris to mak payment of thair pairtis of the said taxatioun pro rata† nixt eftir thai be chairgeit thairto under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc., and, gif neid beis, to poind and distrenyie thairfoir as thai think maist meit and expedient. Alwayis declaris that the productioun of sufficient horningis aganis the saidis feuaris and vassellis salbe ane releiff to the saidis prelatis and sall exoner thame pro tanto fra the payment of the said taxatioun. And furder, that the saidis prelatis and uthairis beneficit personis may have thair releiff of thair saidis vassellis, fewaris, takismen and pensioneris to thair gretar ease and les trubill to thair saidis vassellis and uthairis foirsaidis, and to the effect [that]† everie man portionablie may pay his pairt of the said taxatioun according to the quantitie and availl of the frie rent that he hes of his landis and frie rent and teindschevis pertening to him, alsweill the prelat him selff as the feuar or takisman, it is thocht expedient, statute and ordanit that the saidis prelattis sall everie ane of thame severallie convene his haill fewaris, vassellis and takismen at sic convenient places as he thinkis meitest, and caus summond thame personallie or at thair duelling places for that effect; and being convenit, the saidis prelattis and benefite† personis sall schaw to thair† vassellis the quantitie of the taxatioun imposid upoun thame, and thai with ane consent sall distribute the samin to be payit be everie man† pensioner according to the greit or small quantitie of his frie rent that he has athair of his landis, teindis or pensioun. With certificatioun to onie of the saidis personis, feuaris, wassellis, pensioneris and uthairis foirsaidis that compeiris not at the day appointtit to the effect foirsaid, that sic as sall compeir with the said prelat and beneficit persone sall proceid in the equall distributioun of the said taxt, alsueill amangis thame that ar present as the absentis, quhilk salbe als lauchfull in all respectis as gif the haill number war convenit. And als it is thocht expedient, statute and ordanit that all erectionis of onie prelattis in temporall lordschipeis sall in the payment of this present taxatioun pay to the collectouris of the said taxatioun samekill of this present taxatioun pro rata as gif thai war nawyis erectit and as thai war subject to do ofbefoir the erectioun of the samin, with speciall provisioun alwayis that this salbe na preparative of the lik heireftir, bot that in all tyme cuming thair saidis erectionis sall pay thair† saidis taxationis to be heireftir imposid as uthair temporall levingis within this realme, and this nawyis to prejudge or dirogat in onywyis to thair saidis erectionis. And siclik it is statut and ordanit that all dissolvit benefices within this realme salbe subject in payment of samekill of the said taxatioun pro rata as thai wald have bene subject to gif sua the samin had not bene dissolvit, and thairfoir that lettres be direct chargeing the present possessouris of the saidis dissolvit beneficis, everie ane of thame for thair awin pairtis, to pay portionalie† thair pairt of the saidis taxatioun to the quantitie that the samin benefice wald have bene taxt† gif the samin benefice had not bene dissolvit as said is, within tuentie dayis nixt eftir thai be chairgeit thairto under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc. And siclik becaus that at this present thair ar sinderie prelaceis vacand undisponit to onie persone or personis quhatsumevir, thairfoir it is statut and ordanit that the said collectour generall sall use the lik forme be him self or sum uthair qualefeit persone in his name with his feuaris, vassellis and takismen of the saidis vaikand benefices that is prescryvit and set doun ofbefoir to be done be the prelatis and uthairis beneficit men in the distributioun of the said taxatioun as said is, and the saidis estaitis authoresis the said collectour generall of this present taxatioun in the verie place of ane providit persone† to the saidis vaikand benefices for this effect allanerlie. And for the barrounes and frehalderis pairt of the said taxatioun, that lettres be direct chairgeing all and sinderie schireffis, steuartis, bailleis, thair deputtis and clarkis that thai and ilkane of thame within the boundis of thair offices rais and uplift the sume of 40 schillingis of everie pund land of auld extent lyand within the boundis of thair jurisdictioun and inbring and deliver the same to the said collectour generall betuix and the said xv day of Marche quhilkis terme of payment of the saidis taxatioun under the pane of rebellioun etc. And† that lettres be direct etc. chairgeing all and sinderie erles, lordis, barounes and frehalderis to mak payment and deliverance to the saidis schireffis, steuartis, bailleis and thair deputtis and clarkis, ilkane of thame for thair awin pairtis, for the soume particularlie abonewrittin of everie pund land of auld extent pertening to thame as for the said taxatioun within tuentie dayis nixt eftir thai be chairgeit, under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc., to escheit etc. or ellis that the saidis schireffis, steuartis, bailleis and thair deputtis poind and distrenyie thairfoir as thai sall think maist meit and expedient. And that the saidis erles, lordis, barronis and frehalderis have siklik lettres for thair releif aganis thair vassellis, subvassellis, ladeis of terce, conjunctfearis and lyfrentaris.
And becaus thair is diverse and sinderie barronis within this realme dismemberit and the barrounes of the saidis barroneis in tyme bygane hes had na releiff pro tanto of samekill of the said barronie as wes dismembered, aganis all resoun, seing that the schireff, stewart or baillie or thair deputtis without onie regaird chairgeit the present barrones of the barronie for the haill taxatioun of the samin, as gif na pairt thairof was dismemberit, thairfoir it is statut and ordanit that all sic pairtis of onie barronie as ar dismembered thairfra salbe retourit be the schireff of the schyre quhair the samin lyis to the availl and quantitie proportionallie of the haill baronie; and being retourit, the said barroun sall have lettiris of releiff aganis the heritouris of the said dismemberit pairt of the baronie for releiff of him of samekill of the saidis taxatioun as the samyn landis salbe retoured unto be the schireff within xx dayis nixt eftir the charge under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc.
And forder it is statut and ordanit that all the steuartis and bailleis of onie pairt of his hienes propertie sall with all convenient expeditioun caus retour the haill landis of the samyn, everie ane within his awin boundis and jurisdictioun, and that to the samyn availl, quantitie and portioun† as onie uthair landis liand nixt adjacent to the same haldin of his majestie† set or retourit to, haveing nevirthelese ane speciall regaird to the frie rent that the feuaris and rentellaris hes of the same landis besyid thair few fermes and dewteis payit be thame to oure soverane lord; quhilkis landis being retourit as said is, it is ordanit that lettres be direct be the said collectour of this present taxatioun chairging the saidis steuartis and bailleis to rais and uplift the soume of fourtie schillingis of everie pund land that his said hienes propertie salbe retourit to, everie ane within his awin jurisdictioun, and inbring and deliver the same to the said collectour betuix and the† xv day of Marche nixtocum under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc. And for thair releiff, that lettres be direct chairgeing all and sinderie fewaris, rentellaris, tennentis and takismen of his hienes propertie to mak payment and deliverance to the saidis feuaris, bailleis and thair deputtis and clarkis, ilk ane of thame for thair awin pairtis, the sume particularlie abonewrittin for everie pund land, that thair saidis landis salbe stentit or retourit to within tuentie dayis nixt eftir the chairge under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc., and gif neid beis, that the saidis steuartis and bailleis poind and distrenyie thairfoir as thai sall think maist mete and expedient. And becaus his majesteis propertie heirof hes nawyis bene in use and consuetude of onie payment of onie pairt of onie taxatioun grantit heirtofoir, nathair did that releiff the rest of the liegis of onie pairt of the samin, his hienes and estaitis foirsaidis thinkis it maist meit and expedient that the said taxatioun to be upliftit fra the saidis fewaris, tennentis and takismen of his hienes propertie salbe nawyis accomptit nor allowit in pairt of the said soume of tua hundrethe thousand markis, bot the samin soume to be upliftit according to the divisioun abonewrittin; and the soumes to be upliftit of the landis of his hienes propertie to be maid compt of be the said collectour over and besyde the soume of tua hundrethe thousand markis grantit as said is, providing alwayes that the samin be nawyis imployit nor bestowit to onie use quhatsumevir except to the samin effect that the uthair greit soume abonewrittin. And for inbringing of the burrowis pairt of the said taxatioun, that lettres be direct chairgeing the proveist and bailleis of ilk brught to mak payment of the taxt and stent thairof to the said collectour generall at the tyme abonespecefeit under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc.; and for thair releif, that lettres be direct chairgeing all and sinderie inhabitantis of ilk brught to convene and elect certane personis to stent thair nichtbouris. And the said electioun being maid, to chairge the personis elect to accept the chairge upoun thame in setting of the saidis stent upoun the inhabitantis of ilk brught, and to convene and set the samyn and mak stent rollis thairupoun as effeiris within tuentie four houris nixt eftir thai be chairgeit thairto under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc. and escheit etc. And siclik the said stent roll beand maid and set as said is, to chairge the burgess, inhabitantis and nichtbouris of ilk brught to mak payment of thair pairtis of the said stent to the saidis proveist and bailleis conforme to the taxt roll to be maid and gevin up† thairupoun within thre dayis nixt eftir† chairge under the pane of rebellioun etc.; and gif neid beis, to denunce etc. and escheit etc., and gif neid beis, that the saidis proveist and bailleis poind and distrenyie thairfoir as thai think maist mete and expedient. It is statut alwayis and provydit that na persoun quhatsumevir be stentit or taxt within brught except according to the availl and quantitie of his rent, leving, gudis and geir that he hes within brugh, nawyis respectand his landis and possessionis quhilk he hes to landuart, for the quhilkis he wilbe oblist to pay taxatioun to uthairis officiaris. Attour the saidis estaitis, considdering the manifald abuse that hes bene usit in all tymes bygane be sinderie of the liegis aganis all† consciens and† causing thair pure fermoreris and laboraris of thair grund being removabill, quha was subject in payment of very deir fermis, to releiff thame of the haill burdene of the said taxatioun quhilk has bene the occasioun of the impoverishing of ane greit nomber of the saidis fermoreris and bringing of thame to utter wrak and ruin, quhair as of ressoun the saidis tennentis suld be altogidder frie frome the payment of onie taxatioun and the samin suld be payit be sick as hes frie rent, landis and gudis of thair awin. For remeid quhairof, it is statut and ordanit that na persoun quhatsumevir exact or compell his tennentis and fermoraris removabill quha payis him ferme for the landis occupeit be thame to† onie pairt of this present taxatioun or to sute releif of the samin at thair handis. And gif the samin beis fund† be onie persounis, that thai salbe callit and convenit befoir his hienes justice and his deputtis as violent and maisterfull oppressouris of his hienes subjectis and puneish thairfoir according to justice.
And to the effect that be the negligence of collectouris appointit for ingaddering of the said taxatioun in latting tyme overslip, the silver be not in redines in due tyme to the effectuating of the purpois quharefoir the samyn was appointit, thairfoir it is ordanit that the saidis lettiris and chairgeis to be direct aganis the saidis prelattis, beneficit personis, schireffis, steuartis, bailleis and proveistis and bailleis of burrouis to be in reddines aganis the first day of Januar nixtocum, at the quhilk tyme the saidis collectouris sall use all possibill diligence for the dew executioun of the samin.
Attour, it is concludit, determinit and resolvit that na suspencioun of ony lettres or chairgeis to be direct for payment of the said taxatioun salbe grantit athair be the lordis of counsall or† sessioun or be the lordis of secreit counsall, bot dischairgeis thame simpliciter of onie granting of the samin alwayis as the equitie of the caus requiris. His majestie and estaitis hes gevin and grantit speciall power and commissioun to Alexander, lord Fyvie, president of the college of justice, Walter, pryour of Blantyre, thesaurar, Maister Johnne Lindsay of Balcarhous, secretar, Maister James Elphingstoun, persoun of Egglishame, Maister Johnne Skene, clark of registar, and Maister Thomas Hammiltoun of Drumcarnie, his hienes advocat, geving thame (at the leist onie four of thame, being altogidder convenit) allanerlie pouer and commissioun to grant the saidis suspencionis of the chairgeis direct for the said taxatioun and to decyde the saidis suspencionis according to equitie and justice; dischairgeing all uthairis the lordis of secreit counsall and sessioun of onie melling thairwith and of thair offices in that pairt. And als oure said soverane lord and his estaitis being† gevin power and commissioun to the saidis personis abonementionat to decyde the haill suspencionis restand undecydit of onie taxationis grantit heirtofoir, and ordanis thame to ministrat justice thairintill according to resoun.
And becaus his majestie hes bene defraud of ane greit pairt of his taxatioun grantit heirtofoir be ressoun that the schireff of ilk schyre quha suld be ingadderaris of the saidis taxatioun and ar men of that power and authoritie within the saidis schirefdomes, that thair ar nane within the samin that athair dar or will in onywyis resist the saidis schireffis in poinding for this present taxatioun, yit nevirtheles sinderie of the saidis schireffis heirtofoir haveing† na regaird to the deutifull obedience thay aucht to his majestie and to the faithfull discharging of thair offices, hes not† intyme bygane ane sufficient exoneratioun of thame forsamekill of the said taxatioun as thai producit lettres of horning execut aganis onie persone for the samyn, quhairby the power of the samin lettres he micht haif lauchfullie poindit the reddiest gudis and geir of the saidis rebellis or ellis be productioun of alleged deforcementis done willinglie† to defraud his majestie quhen as in thair awin particular thai wald nawyis suffer the lik, being men of that authoritie and power as said is, that thai ar hable with strang hand to poind and distrenyie the saidis rebellis gudis gif thai plesit. For remeid quhairof in tyme cuming, it is statute and ordanit that the collectouris of the said taxatioun, nathair the auditouris to be appointit heireftir for the hering of the saidis collectouris comptis, in ony wayis receve onie horning or deforcement for ane lauchfull exoneratioun to the saidis schireffis for the said taxatioun pro tanto, bot allanerlie the payment of the soumes quhairwith† thai ar chairgeit for alwayis, the† estaittis remittis to his majesties consideratioun the conditionis of sum schireffis quha ar not of that power and authoritie within thair schirefdomes that ar hable with strang hand to poind sic rebellis gudis and geir as salbe denunceit to the horne for this present taxatioun, of quhome his majestie hes promised as he findis convenient to recave horningis and deforcementis for thair exoneratioun.
And becaus heirtofoir thair hes bene ane grete abuse usit be the schireffis and thair officiaris in uplifting and rasing† uthairis taxationis heirtofoir be forcing the subjectis to pay in ane maner ane new taxatioun to thame for ingaddering of the same, alleging it to pertene to thame as schireffis, albeit thai be thair offices ar subject in gaddering of the samin and nawyis the saidis subjectis debtebund in payment of onie deutie to thame, thairfoir it is statut and ordanit that na schireff nor officiar quhatsumevir, directlie nor indirectlie, upoun onie kynd of pretext, chairge, uplift or rais fra onie of his hienes subjectis onie deutie quhatsumevir except the soume of fourtie schillingis for everie pundland contenit in the lettre, under the pane of deprivatioun of the said schireff of his office incase it be fundin that the samin was in onie maner of way done of his command or allowance. And gif the falt be committit be the officiar him selff, not onlie to be the deprevatioun of him simpliciter fra the office bot alsua to be ane cryme of falsed and he to be excused† befoir the justice and his deputtis and punist to the dethe thairfoir with all rigour.
And forder his majestie and estaittis foirsaidis be thir presentis annullis and dischairgeis all priveleges and immuniteis quhatsumevir quhairby onie personis may think thame selffis frie of onie payment of this present taxatioun, exceptand allanerlie the privelegeis of the lordis and memberis of the college of justice, quhairunto his hienes and estaittis will nawyis dirogat in ony thing.
Further his majestie and estaittis, being acquentid with the greit abuse that hes bene in tymes bygane be granting of preceptis to sinderie oportune personis for answering thame of ane pairt of sinderie taxationis grantit heirtofoir, quhairthrow his majestie hes bene very far circumvenit, the same soumes of money imposed upoun the subjectis being uthairwyis bestowit nor to that end quhairfoir thai war destitat.† For remeid quhairof, his majestie and estaittis foirsaidis ordanis and commandis the said collectour that he onnawyis,† obey and mak payment of onie pairt of the said taxatioun to onie persone or personis upoun pretext of onie precept or preceptis to be direct or subscryvit be his hienes except the saidis preceptis be subscryvit be the commissioneris underwrittin, quhome his majestie and estaittis hes appointed to be oversearis that this present taxatioun be nawyis imployit bot to the furnesing of the said ambassadouris: thay ar to say, Petir, bischoip of Dunkeld, David, bischope of Aberdene, Johnne, commendatour of Halirudhous, Edward, commendatour of Kinlos, Williame, erle of Angus, George, erle of Marcheall, Johnne, erle of Mar, Alexander, lord Levingstoun, Maister David Carnegy of Colluthie, Schir George Home of Wodderburne, knycht, Johnne Touris of Inverleyth and Alexander Stratoun of Lourestoun, Henry Neisbit, proveist of Edinburgh, Schir Williame Seytoun, proveist of Hadingtoun, Nicoll Cornewell of Bonhard, proveist of Linlythgw, and Walter Cowand, commissioner to this present parliament to† the brught of Streveling, (or onie aucht of thame, thair being alwayis tua of the spirituall estate, tua nobilmen, tua barronis and tua commissioneris of burrouis), quhilkis personis sall allanerlie direct the saidis preceptis to the said collectour for answering [of]† onie pairt of the said taxatioun, and that allanerlie to the use abonewrittin for directing of the saidis ambassadouris. And gif onie preceptis upoun onie uthair effect or to onie uthair use be answered then to the use abonewrittin, in that cais alsueill the said collectour as samonie of the commissioneris abonewrittin as sall subscryve the saidis preceptis salbe answerabill to his hienes and estaitis for the soume debursit, and the samin preceptis salbe na dischairge nor allowance to the said collectour in his comptis. And gif at onie tyme appointtit for ingaddering of the said taxatioun occasionis may intervene that it sall not be necessar to direct away onie sik embassadouris, it is alwayis provydit that the said collectour sall retene the said soume in his handis ay and quhill that the saidis ambassadouris be direct, or that be his hienes parliament and estaitis to be convenit heireftir the said soume salbe imployed with all thair consentis to sum uthair gude wark tending to his hienes honour, advancement and weill of this realme. Upoun the quhilk declaratioun, Henrie Neisbit, proveist of the brught of Edinburgh, in name of the haill burrouis, askit instrumentis. Lykwyisit is providit that the said collectour salbe nawyis urgit nor subject to ressave nor answer onie assignatioun nor precept to the use abonewrittin exceding his recept or intromissioun, albeit the samin be ordourlie subscryvit as said is, bot that it sall be ane sufficient excuse to him in refusing the acceptatioun thairof that he hes ressavit na mair nor he hes debursit alredie upoun anterior preceptis.
And furder his majestie and estaitis considdering that diverse and sinderie personis duelland within regaliteis hes without onie regaird of his majesteis lawis past wilfullie to his hienes horne and remanit thairat as rebellis, thinking thame selffis in surtie greit aneuche be ressoun that the lordis of the saidis regaliteis, haveing richt to thair saidis escheittis, commounlie disponis the samin in favouris of the saidis rebellis, quhairthrow his majestie is defraudit of samekill of the said taxatioun as is to be payit be thame. For remeid quhairof, his majestie and estaitis be thir presentis deteirminatis and concludis that in all tyme heireftir quhen onie persone within onie regalitie within this realme be denunceit for non payment of the said taxatioun, that the lordis of the said regalitie sall athair caus the said soume quhairfoir the said rebell is denunceit to be payit to his majesties collectouris of this present taxatioun betuix and the said fyiftene day of Marche nixtocum, or then the said lord of regalitie sall renunce and gif ovre ony richt and titill that he may have or clame to the said rebellis escheit, and that in favouris of his hienes thesaurar, quhom his majestie and estaitis foirsaidis ordanis to intromet thairwith and to mak compt of the samyn befoir the lordis auditouris of his hienes cheker, that be this preparative heireftir his hienes be not defraudit of onie pairt of the said taxatioun be ressoun of the said rebellis volunter passing to the horne as said is.†
And last, becaus the officiaris chairgeis for the said taxatioun, uplifteris and recevaris of the samin, hes bene in use of allowing to thame selfis of greit and extraordiner feis for thair service, quhilk was ane greit imparing of the formar taxatioun, thair being ane greit pairt thairof bestowit upoun the chairges in ingetting of the samyn, albeit it mycht have bene ingadderit upoun far les expenses gif sua the collectouris ofbefoir had uset the greatar foirsicht in not suffering the saidis officiaris to continew in thair alleged wounted allowance; thairfoir his majestie and estaitis ordanis the said collectour generall of the said taxatioun to compone, transact and agre with the saidis officiaris, executouris of the saidis chairgeis, upoun als ressonabill conditionis as possibill, haveing na respect altogidder to onie auld consuetudes that the saidis officiaris may crave be onie allowance grantit of befoir.†
[1597/11/56]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis in this present parliament, understandig that the gritest nowmer of the vassellis, frie tennentis and heretable fewaris of the temporall landis pertening to the archiebishoprie and priorie of Santandrois and to the archiebishoprie of Glasgw ar of sa mene rent and qualitie that thai ar nawayis able to mak the expensis upoun the resignatioun of thair landis in oure soverane lordis handis and entereses thairto be his hienes chancellarie, quhilk giffis occasioun to mony of the saidis fewaris to ly out unenterit to thair saidis landis; in consideratioun quhairof, that his hienes deirest cousing, Lodavik, duik of Lennox, erle Dernelie, lord Torboltoun, Methven and Obenyie being provydit to the said priorie of Sanctandrois quhairof the rent and patrimonie, lykas the rent and patrimonie of the saidis archiebishopreis, is hevelie exhaustit be takis, pensionis and uthairis dispositionis, sua that lytill or na commoditie thairof remanis except the superioritie and casualiteis of the samin; thairfoir oure said soverane lord and estaitis foirsaidis gewis, grantis and disponis to his hienes said derrest cousing during all the dayis of his lyvetyme the rycht of the superioritie of the haill temporall landis, mylnis, multuris, wodis, forrestis and fisheingis of all and sindrie the saidis archiebishoprie and priorie of Sanctandrois and archebishoprie of Glasgw, togidder with all wardis, relevis, nonentreses and uthairis casualiteis quhasumevir of the haill landis, lordshippis, mylnis, multuris, wodis, fisheingis and uthairis quhatsumevir pertening and belanging to the saidis beneficis and everie ane of tham, togidder also with the esheatis and mariagis of the haill vassellis, fewaris and frie tennentis thairof, haill proffeitis and commoditeis of the samin quhilkis pertenit of auld to the titularis and possessoris of the said benefices lyand within thair regaliteis, boundis and jurisdictioun and wer at thair dispositionis quhairevir the samin hes fallin sen the annexatioun thairof to oure crowne or salhappin to fall heireftir during the said Lodovik, duik of Lennox lyvetyme. With full powar to him and his commissioneris, ane or ma, speciallie constitut or to be constitut be him to that effecte during his said lyvetyme, to ressave and enter all and sindrie the saidis wassellis, fewaris, friehaldaris, tennentis and thair aires or utheris personis quhatsumevir succedand to thair rycht ather be resignatioun or confirmatioun, and to gif and grant to thame new infeftmentis and dispositionis of the landes and utheris abonespecifiit. With powar also to him and his foirsaidis to uplift and intromet with the saidis esheatis and mariagis, haill proffeitis and commoditeis thairof and to apply the samin to his awin use or to dispone thairupon at his plesure, declaring the saidis infeftmentis, new dispositionis and enteres of the foirsaidis vassellis, fewaris, friehalderis, tennentis, thair aires and successoris with the gift and dispositioun of the saidis wardis, relevis, nonentress, esheattis, mariagis and uthairis casualiteis quhatsumevir to be gevin, grantit, maid and disponit be his hienes said derrest cousing or his commissionaris, ane or ma, to be appoyntit be him as said is under his awin proper seall and subscriptioun to be als valid, gud and sufficient to the ressavaris thairof for bruiking, joysing and possessing of the samin landis, mylnis, multuris, wodis, fisheingis with the saidis wardis, relevis, nonentress, mariag, esheatis and uthairis casualiteis abonewrittin in all tyme cumming, as gif the samin or ony thairof had bene gevin, grantit, maid and disponit to thame be his hienes, with advyis of the thesaurar of new augmentatioun, or quhatsumevir uther his hienes officiaris or counsaloris, dishargeing tham of all trubling and molesting of the said Lodovik, duik of Levenox or his foirsaidis in the premises during his said lyvtyme and of thair officis in that pert notwithstandig of the act of annexatioun of all ecclesiasticall landis to the croun maid in the parliament haldin at Edinburgh, the xxix day of Julij jM vC fourscoir sewin yeiris, to the quhilk this present act makis and sall mak expres dirogatioun insafar as the samin may be extendit to the superioritie of the landis and uthairis abonerehersit pertening to the saidis archiebishopreis and priorie with the haill casualiteis abonementionat during the said Lodovik, duik of Lennox lyvetyme; and ordanis lettres to be direct heirupon gif need beis in forme as efferis.
[1597/11/57]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis in parliament, understanding that his hienes trustie counsalour Schir Robert Melvill of Murdocarny, knycht, being thesaurar deput to his majestie and haveing dishargit ane faythfull dewtie thairin, he, at his hienes desyre, dimittit the office thairof upon promeis maid to him be his majestie that his hienes suld sie him satisfeit of all his superexpensis; thairfoir his majestie, with advyis of the saidis estaitis of this present parliament, promittis to see the said Schir Robert satisfeit and payit of his saidis superexpensis conform to the act of parliament maid thairanent, to the effect he may satisfie his creditoris, and in the metyme dischargis the lordis of counsale and sessioun and all uthairis juges quhatsumevir of all proceding aganis the said Schir Robert at the instance of quhatsumevir pertiis or geveing of proces, decreittis or letteris aganis him for payment of his dettis quhill he be first payit of his saidis superexpensis. And oure soverane lord and estaitis foirsaidis declaris that this act salbe extendit and interpreit in favoris of the said Schir Robert for the dettis contractit be him for oure soverane lordis use allanerlie, and that his hienes and auditoris of the chaker sall tak ordour for the said Schir Robertis dett and his creditoris according to ane act of counsale maid theranentis.
[1597/11/58]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, being movit with the afauld and faythfull service done unto his hienes be ane reverend father in God, Alexander, bishop of Brechin, and thairwitheall considering that albeit the haill temporall landis quhilk pertenit to the bishoprikis, abbaceis and uthair benefices within this realme be now annexit to the crown and unit and incorporat with the rest of his hienes propertie, nevirtheles it was nocht his majesteis intentioun nor of the estaitis at the tyme of the annexatioun of the saidis temporall landis that the present titularis and possessoris of the benefices quhairunto the saidis landis did appertene suld in onywayis be prejudgit or damnefeit in thair yeirlie rentis and casualiteis, bot that thai and ilk ane of tham suld in all peax and quyetnes bruik, joys and intromet and uptak all and haill thair fruittis, rentis, proffeitis and casualiteis quhatsumevir in als frie and peceable maner as thai did joys the samin befoir the said anexatioun of the temporall landis; thairfoir his hienes, with advyis of the three estaitis of this present parliament, hes gevin, grantit and disponit unto the said reverend father the superioritie of all and haill the temporall landis quhilk pertenit to the bishoprik of Brechin during all the dayis of his lyvetyme, with powar to the said reverend father during the space foirsaid to enter the tennentis of the saidis landis, ressave thair gersunis and uthair dewteis in als frie and semeable maner as the said reverend father was in use of befoir the said annexatioun, quhilk salbe als valid and sufficient to the tennentis and uthairis that salbe enterit be the said reverend father during the space foirsaid as gif the samin war done be ane precept direct furthe of his hienes chancellarie in all respectis.
[1597/11/59]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and three estaitis of this present parliament, understandig that Alexander Fraser of Fraserbrughe, knycht, in the yeir of God jM vC fourscoir tuelff yeiris obtenit ane new infeftment of his haill landis and baroneis of Phillorthe, Tepertie, Faythlie, Tyrie, Skattertie and diverses uthairis landis mentionat and contenit in the said infeftment, with expres unioun contenit in the samin. In the quhilk also the said Schir Alexander hes obtenit the toun and brughe of Faythlie, now callit Fraserbrughe, erectit in ane frie brughe of baronie, with priveleges, liberteis, immuniteis thairto contenit in the said infeftment, as also with expres libertie to big ane towbuyth for ministratioun of justice and ane hewin for the ease and commoditie of the cuntrey and liegis, with privelege for uphalding of the samin, to found ane universitie, big and mak collegis, place maisteris and teachearis, with all privelegis and immuniteis that may pertene to ane frie universitie, with the rest of the patronagis of all and haill the personagis and vicaragis of the paroche kirk of Phillorthe, Tyrie, Kremound and Rathyn, with all the landis, prebendareis and alteragis appertening thairto, as at mair lenthe is contenit in the said Alexanderis infeftment gevin to him thairupon, as the samin of the dait the first day of Julii the yeir of God foirsaid at mair lenthe proportis. Sen the quhilk tyme of the granting of the said infeftment, with the haill privelegis and immuniteis thairin contenit, the said brughe hes nocht onlie greatunlie florishit and incressit in bigging, repair and resort of peple sua that sindrie gentilmen of the cuntrey is becumin inhabitantis and burgeses of the said brughe, bot also the said Alexander, upon his large and exhorbitant expensis, to the honour and decoratioun of the realme and ease of the haill lieges, hes biggit ane sure hevin and port quhairunto shippis, barkis and boittis may repair and dailie repairis; as alsua the said Alexander, being of deliberat mynd and purpois to erect ane universitie within the said brughe, with all privelegis appertening thairto, according to the tennour of his infeftment, hes gevin† to edifie and big up collegis, quhilkis nocht onlie will tend to the great decoirment of the cuntrey, bot also to the advancement of the loist and tint youthe in bringing tham up in leirning and vertew, to the great honour and weill of oure said soverane lord and natioun; quhilk honourabill intentioun and pollicie maid and to be maid be the said Schir Alexander upon his exhorbitant and large expensis aucht and suld be furtherit and advancit, and the said Schir Alexander not onlie allowit thairintill bot also helpit and supportit to do the samin. Thairfoir oure said soverane lord and thrie estaitis of this present parliament, for the forther advancement of the said brughe and colleges and for the sustentatioun and intertenement of maisteris, teichearis and officemen within the collegis of the samin, hes, with expres consent and assent of the said Alexander, dotit, gevin and mortefeit the foirsaidis personagis, vicaragis, prebendareis, chaplanreis and alteragis, haill teyndis, small and great, landis, rowmes and possessionis appertening thairto, proffeitis, dewteis, annuelrentis and emolumentis quhatsumevir and ad manum mortum disponit the samin to the saidis college or colleges perpetuallie in all tymis cumming, nevir to be separatit nor secludit thairfra, bot the haill fruittis, rentis, proffeitis, dewteis, annuelrentis and emolumentis of the samin to be employit to the intertenement and sustetatioun of the maisteris, teachearis and officemen servand in the saidis collegis to be gevin and distributit be the said Alexander Fraser of Fraserbrughe, knycht, patron and his airis maill, provyding that this present mortificatioun be nawayis prejudiciall nor hurtfull to the said Schir Alexanderis rycht in the bruiking, joysing and posseding of all and quhatsumevir teyndis, rentis and emolumentis of the saidis personage and vicarage abonewrittin during the tyme of his takis thairof, provyding alwayis the saidis maisteris of the said college or collegis ather serve the cure of the saidis kirkis or then the saidis maisteris, with advyis of the patron, furneis sufficient men for serveing the cure of the saidis kirkis, sua that the parochineris be nocht frustrat of the sacrementis, teicheing and preicheing of the word of God. And oure said soverane lord and thrie estaitis foirsaidis ordanis ane infeftment to be past under the great seill in the maist large and ample forme, gif need beis, mortefeand, dottand and disponand to the saidis college or collegis, maisteris and teachearis within the samin, the saidis personagis, vicaragis, prebendareis, chaplanreis and alteragis, haill proffeittis and commoditeis appertening thairto. And for the better performing of the premises and for the said Schir Alexander Fraser of Fraserbrughe, knycht, his better securitie, our said soverane lord and thrie estaitis ratifeis, apprivis and confirmis the foirsaid infeftment maid and grantit to the said Schir Alexander, his airis maill and of tailyie, the haill erectionis, unionis, privielegis, immuniteis and liberteis contenit thairintill, quhilk his majestie and estaitis willis to stand as ane perpetuall and perfict securitie to the said Schir Alexander, his airis maill and successoris conform to the tennor of the said infeftment and mortificatioun above expremit of the dait abonementionat; and that the said infeftment, haill landis, privelegis and immuniteis thairin contenit may remane with the said Schir Alexander, his airis and successoris thairin mentionat in all tymis cumming, nevir to be quarrellit, impedit nor tane away be act of parliament, statut, ordinance, revocatioun or uthair forme of law, anent the quhilk his majestie and three estaitis foirsaidis dispensis and revokis, rescindis, cassis and annullis all and quhatsumevir dispositionis and rychtis of patronagis of the saidis beneficis, kirkis or ony of tham maid to quhatsumevir uthair person or personis and all and quhatsumevir uther rychtis, titillis and securiteis quhilkis in onywayis may stay or impeid the effect of thir presentis, mortificatioun and erectionis foirsaidis. Reservand alwayis actioun to [...] Hay of Urie for the kirk of Cremound, gif ony rycht he hes in and to the said kirk and teyndis thairof, to be procedit befoir the juge ordiner as accordis of the law.
[1597/11/60]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyis of his estaitis in this present parliament, ratefeis, allowis and apprewis the act of secreit counsale past upon the aucht day of Junii last bipast in favoris of Maister Andro Knox, minister at Paslay, Williame Sempill of Dalmook, Williame Sempill, burges of Dumbartane, Robert Sempill thair, George Campbell, sone to umquhile Donald Campbell thair, Archibald Buntene, Robert Palmer, Robert Naper, Fyndlaw Ewing, Williame Wylie, Johne Symont, Johne Patersone, Thomas Feir thair, Johne Aitkyn, Walter Corslait, Patrik McKillen Pereis, James Fawlisdaill, David Robertson and Thomas Buntene, burges of Dumbartane, quhairby thair procedingis aganis umquhile Hew Barclay of Ladyland, conform to the commission grantit to that effect, was declarit to be loyell and gud service done to his majestie and his cuntrey in all and sindrie poyntis, clauses and articlis contenit thairintill after the forme and tennour thairof in all poyntis.
[1597/11/61]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis, apprevis and confirmis the twa acquittanceis and dishargis gevin be his majestie, with advyis of his hienes comptroller and lordis of secreit counsale, to the toun of Abirdene upoun the payment of aucht thousand pundis, quhilk was deliverit to tham of the tocher of his majesteis derrest spous, the quenis grace, and quhilk thai had for annuell and proffeit, togidder with the proffeit of the samin aucht thousand pundis of all yeiris and termes bipast, as the samin acquittancis and dishargis in tham selffis mair amplie beris, the ane thairof being of the dait the fyift day of Juni the yeir of God fourscoir fourtene yeiris and the uthair thairof being of the dait the last day of Julii thairefter the samin yeir; and decernis and ordanis that this present act of ratificatioun foirsaid salbe als valiable and effectuall for that effect as gif the saidis twa acquittanceis and dishargis war insert and ingrossit everie word heirintill, and ordanis ane act of parliament to be maid and formit heirupoun.
[1597/11/62]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyis of his estaitis in this present parliament, ratefeis, apprevis and confirmis the acquittance maid, gevin and subscryvit be his majestie, with advyis of the lordis of his secreit counsale and comptroller, to the provest, bailleis, counsale, deaconis of craftis and communitie of the brughe of Perthe upoun the resseit fra thame of the sowme of tuelff thousand pundis as a pert of his majesteis tocher deliverit to tham, togidder with the yeirlie proffeit of the said sowme of tuelff thousand pundis, as the said acquittance of the dait at the castell of Striveling, the nynt day of Julii the yeir of God jM vC lxxxxiiij yeiris and actit and registrat in the buikis of secreit counsale upon the sextene day of the said monethe of Julii at lenthe beris in all and sindrie poyntis, clauses and articlis contenit thairintill, efter the forme and tennour thairof and conform to his hienes princelie promeis maid to this effect.
[1597/11/63]*[print] [email] [cite] [preceding] [following]
Forsameikle as all decreittis, sentencis and domes of foirfaltour led aganis Williame, erle of Angus, lord Dowglas and Abirnethie, George, erle of Huntlie, lord Gordoun and Badyenoche and Francis, erle of Erroll, lord Hay for quhatsumevir pretendit crymis, trespassis and attemptis thairin expremit ar reducit, rescindit, cassit and annullit in this present parliament or thai restorit in integrum aganis the samin, inrespect quhairof oure soverane lord and estaitis of this present parliament, being of deliberat mynd and intentioun that throu the said reductioun, annulling or restitutioun nane of his majesteis liegis nor subjectis quha accumpaneit his hienes, his lieutennentis or commissionaris, ane or ma, in the persute or invasioun of the saidis thrie erlis, or ony of tham, thair complicis, perttakeris and assistaris sen the daitis of the saidis sentencis and domes of foirfaltour or sen the tymis of the allegit committing of the crymis thairin mentionat salbe persewit, trublit or damnifeit for ony slauchteris, mutilationis, bluidis, spulyeis, demolishing and distruction of houses, biggingis and policeis, nor for ony uthair factis, deidis nor interprisis done or committit be ony of oure said soverane lordis liegis aganis the saidis erlis or ony of tham, thair kyn, freindis, men, tennentis, complicis, perttakeris or assistaris the tymis of the foirsaidis persuitis and invasionis or be occasioun thairof; thairfoir, and for removeing of all stryiff, debait and actionis that mycht or may follow thairupon, and for establisheing of peax, concord and quyitnes within this realme, oure said soverane lord and estaitis of this present parliament presentlie convenit hes decernit, statut and ordanit and be the tennour heirof decernis, declaris, statutis and ordanis that all and sindrie slauchteris, mutilationis, bluidsheddingis, distructionis and demolisheing of houses, biggingis, plantingis and polaceis, spulyeis, reiffis, oppressionis, fyre rasingis, depredationis, direptionis and all uthairis crymis, offencis, wrangis, factis, deidis and interprysis done, committit or assistit unto be ony of oure soverane lordis liegis and subjectis aganis the saidis Erlis of Angus, Huntlie and Erroll, or ony of tham, thair kyn, freindis, men, tennentis, servandis, dependaris, perttakeris or assistaris or yit aganis ony of thair houses, landis, rentis, policeis, gudis or geir be occasioun of any of the commoun causes or lait trublis movit aganis tham following or depending thairupon directlie or indirectlie sen the first day of Maii the yeir of God jM vC fourscoir tuelff yeris, with all actionis and persuitis criminall and civill, decreittis and uthairis quhatsumevir that hes followit or may follow upon the samin, and all sequellis, dependentis and consequentis thairof, salbe in all tymis cumming and ar be the authoritie of this present parliament extinct, expyrit, remittit, dishargit, abolishit, awaytakin, bureit and put in perpetuall oblivioun simpliciter and for evir; and that na actioun nor executioun salbe movit, intentit, usit nor fallow thairupon ony maner of way aganis ony of his majesteis liegis and subjectis, thair airis, executoris nor successoris in tymis cumming, bot dishargis the lordis of his majesteis counsale and sessioun, his advocatis present and to cum, the justice generall, his justice and clerkis and all uthair juges, officiaris and ministeris of lawis within this realme of all summonding, arreisting, persewing, accusing, trubling or molesting of ony of his majestes liegis or subjectis for the premisses or concerning the samin ony maner of way in tymis cumming and of thair officis in that pert simpliciter and forevir. And siclyk decernis, declaris, statutis and ordanis that all and sindrie mailles, fermes, proffeitis and dewteis of landis, mylnis, fisheingis, rowmes, possessionis, teyndis, beneficis, pensionis and uthairis rentis quhilkis pertenit to the saidis Erlis of Angus, Huntlie and Erroll, or ony of tham, thair kyn, freindis, men, tennentis, servandis, complicis, dependaris, pertakeris and assistaris with the esheatis of thair moveable gudis and geir safar as is alreddie intromettit with and upliftit be ony of oure soverane lordis liegis sen the day and tyme abonespecifiit be occasioun of the saidis lait trublis or commoun caus sall reman with the intromettoris thairwithe, and that thai, thair airis, executoris nor successoris sall nawayis be challangit, callit, persewit, trublit nor molestit thairfoir in ony tym cumming, bot ar and salbe frelie remittit, quit and dishargit of the samin and of all actioun and persute quhilk mycht or may be movit thairanent, quhilkis salbe extinct, expyrit and awaytakin simpliciter and for evir.
[1597/11/64]*[print] [email] [cite] [preceding] [following]
The kingis majestie, with advyis of his estaitis of parliament, of his naturall clemencie and for continewance of universall concord and peax amangis his subjectis, and for the gritar promptitude and reddines to his hienes service in tym cumming, and speciallie being of that dispositioun and mynd that the crymis and materis contenit in the proces of foirfaltour now reducit and retretit be decreit of parliament sall nevir be heireftir rememberit, hes abolishit and be thir presentis abolishis all actioun and quarrell that oure soverane lord or his successoris hes or may haif and pretend aganis Williame, erle of Angus, George, erle of Huntlie, Francis, erle of Erroll, Schir Patrik Gordoun of Auchindoun, knycht, thair airis, successoris and posteritie for the allegit crymis and offencis mentionat in the said proces of foirfaltour and all uthairis following or depending thairupon, renunceand and dischargeand his hienes actioun and entres for him and his successoris for now and evir. And forther oure said soverane lord, in consideratioun that at diverse tymis heirtofoir they had sindrie conventionis upon the feildis quhair thair was bluidshed and slauchter committit, fyre rasit, with certane intromissionis and depredationis of gudis and geir upon the difference arrising betuix tham or sum of tham and utheris his hienes subjectis, and oure said soverane lord, willing that thai sall nocht be trublit thairfoir in tym cumming for ony actioun and enteres that is competent to his majestie, payne, penaltie or punishement that may follow thairupon, thairfoir oure said soverane lord and thrie estaitis foirsaidis hes abolishit and abolishes all actioun and accusatioun, payne, penaltie and punishement following thairupon competent to his hienes aganis the saidis personis or ony of thair complicis or assistaris for ony fact or deid committit be tham or ony of tham, thair complicis and assistaris foirsaidis sen the first day of Maii jM vC lxxxxij yeris.
[1597/11/65]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis in parliament ratefeis and apprevis and for his majestie and his successoris perpetuallie confirmis the chartour or infeftment under the great seall maid and grantit be his hienes to the rycht excellent Princes Anna, quene of Scotland, his hienes derrest spous, and to the airis lauchfullie gottin or to be gottin betuix his majestie and his said derrest spous, quhilkis failyeing (as God forbid), to his hienes airis and successoris to the crowne of this realme quhatsumevir, off all and haill the monastarie and abbacie of Dunfermling lyand on bayth the sydis of the watter of Forthe underwrittin, with the erectioun, creatioun and incorporatioun mentionat in the samin off the said abbacie and pertinentis thairof efter specifiit in ane haill frie and temporall lordship in all and sindrie poyntis, passis, articlis, clauses, immuniteis, exemptionis and privelegis thairin contenit, and willis and declaris that the samin infeftment and erectioun foirsaid specifiit in the samin infeftment is now and in all tyme cunming salbe als valid and sufficient and of als great efficacie, force, strenthe and effect to his hienes derrest spous foirsaid, thair airis and successoris abonementionat as gif the said infeftment had bene gevin and grantit and the abbacie foirsaid had bene erectit in ane temporall lordship be his majestie with all advyis and consentis requisit thairto befoir the making of the act of anexatioun of the temporall landis of all prelaceis to the patrimonie of his hienes crowne, quhilk was in the monethe of [...] the yeir of God jM vC lxxxvij yeiris, or that the said abbacie had bene speciallie exceptit furthe of the samin act notwithstanding thairof or ony uthair act, law, statut or ordinance canoun, civill or municipall maid or to be maid in the contrair; quhairanent his hienes, with advyis of his saidis estaitis, for thame and thair successoris, hes dispensit and be thir presentis dispensis. And for mony great and wechtie causes, declaris the foirsaid act of anexatioun, nor na thing following or that may follow thairupon, salbe hurtfull, prejudiciall or onywayis dirogative to the said infeftment or to ony poynt or article thairin contenit or to ony wryit or securitie quhairupon the samin procedit or that hes followit or sall follow or proceid thairfra in ony tym bigane or to cum.
[1597/11/66]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament, haveing sene and considerit the letteris of pensioun maid, gevin and grantit be his majestie under the privie seall, after his perfyte aige of tuentie fyve yeiris compleit, to his trest cousing Andro, lord Dinguell, during all the dayis of his lyvetyme, of all and haill ane yeirlie pensioun of ane thousand pundis money of this realme, to haif bene and to be yeirlie upliftit furthe of the reddiest of the mailles, fermes, proffeitis and dewteis of his majesteis propertie; and, for sure payment thairof, assignand and disponand to the said Andro, lord Dinguell yeirlie during the said space the haill silver dewteis, mailles, fermes, caynis, customes and dewteis of the landis and lordship of Dinguell comprehendand the townis, landis, mylnis, fisheingis and uthairis thairof specifiit at mair lenthe in the chartour of fewferme gevin and grantit be oure said soverane lord under the great seall to his said trest cousing and his airis upoun the said lordship of Dinguell, as the said letter of pensioun maid and grantit thairupon of the dait at Halyrudhous, the aucht day of Januar the yeir of God ane thousand fyve hundrethe fourscoir ellevin yeiris at mair lenthe proportis. And oure said soverane lord, with the estaitis foirsaidis, haveing now sufficientlie tryit and considerit in this perliament the causes specifiit in the saidis letteris of pensioun for the quhilk the samin was maid and grantit, and namlie the said Andro, lord Dinguellis gud, trew, honorable and faythfull servicis thairin mentionat done, alsweill within this realme as in forane nationis without the samin, in oure said soverane lordis maist honorable and wechtie effairis, speciallie in his maist honorable mariage with the quenis majestie, his derrest spous, within the realme of Denmerk, hes now fundin and declarit and be thir presentis findis, decernis and declaris the samin, with the uther causes specifiit in the saidis letteris of pensioun, to haif bene and to be of treuthe and that the samin, with the said Lord Dinguellis continewance in the lyk trew, thankfull and honourabill servicis and uthair gud causes and plesouris done be him to oure said soverane lord, alsweill within this realme as in forane nationis, to haif bene and to be sene cause tending to the advancement of his majesteis honour and to the proffeit of this realme. Thairfoir, and for sindrie uthair gud causes and considerationis, oure soverane lord and estaitis abonementionat, be the tenour heirof, ratefeis, confirmis and approvis the saidis letteris of pensioun in all poyntis, clauses and contentis thairof, and findis, decernis and declaris the samin to haif bene lauchfullie maid and grantit and to haif bene ay from the begyning and to be in all tymis cumming during the said space gud, valid, sufficient and effectuall rycht and title to the said Andro, lord Dinguell for bruiking, joysing, possessing, uplifting and disponing to his awin commoditie of all and haill the said yeirlie pensioun abonedesignit and of all and sindrie the saidis mailles, fermes, caynis, customes and dewteis of the saidis landis and lordship of Dinguell, with the fisheingis, pertinentis and uthairis thairof mentionat in the said infeftment of fewferme assignit in sure payment of the said yeirlie pensioun yeirlie and termelie, alsweill of all yeiris bigane safar as is nocht alreddie uptakin be oure soverane lordis comptroller and applyit to his majesteis awin proper use, as of all yeiris and termes to cum during the said Andro, lord Dinguellis lyvetyme allanerlie; and that notwithstanding of quhatsumevir actis of anexatioun, uther actis of parliament or secreit counsale, lawis, statutis, decisionis and proclamationis maid or to be maid in the contrair, with the quhilkis his majestie and estaitis foirsaid dispensis for evir be this present act.
[1597/11/67]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyis and consent of the estaitis of this present parliament, haveand consideratioun of the great and ernest travellis and laboris of his weilbelovit clerk and orator Maister David Cunninghame, bishop of Abirdene, not onlie in the faythfull dishargeing of his office in the functioun of ane pastour in Godis kirk, bot also in the honourabill services done to his hienes in the publict effairis of this realme, and in speciall in the last quyeting of the trublis within the northe pertis of this realme and of the great chargis maid and sustenit be him thairintill, and be his reparing and awayting upon the parliament and conventionis at all tymis quhemsoevir he is requyrit; and thairwithall considering that the present rent of the said bishoprik is werray meane and sobir to intertene his estait and the great chargis quhairunto he is ordinarlie subject, be ressoun thairof the patrimonie of the said bishoprik being helelie delapidat and exhaustit be †his predicessoris deidis, except ane very littill pert and portioun thairof quhilk hes pairtlie accressit to him be the deceas off pensioneris, and pairtlie hes beine acquyrit be him for large sowmes of money payit be him to certane utheris pensionaris for the dimissioun and resignatioun of thair saidis pensiouns in his favoris, sua that the haill rent and commoditie of the said benefice presentlie bruikit and possessit be him extendis onlie to the sowme of vijC liij lib. money, j ch[alder], ix b[olls], iij furlettis beir, viij b[olls], half boll, ij pectis meill, j ch[alder], v b[olls] aittis, with certane small custumes of the said bischoprik, the consideratioun off the smalnes off the quhilk rent movit his hieness to provyde the said reverend father with ane new securitie of that pairt of the said bishoprik quhilk wes than possessit be him, not exceeding the sowme off iiijC lib., the rest being possessit be pensionaris at that tyme, and that notwithstanding of the act off annexatioun according to his hienes gift maid to him thairupoun of the dait the xiij day of December 1590; as alsua to grant ane speciall act of parliament in his favoris not onlie ratefeand the said gift, bot alsua declarand him to haif guid rycht and title to quhatsumevir maner of way during his lyftyme, and to the superioritie and entrie off the frie tennentis, gressumes, entress silver and all utheris causualities of the said bischoprik als freilie as the same pertenit to him beffoir the making off the said act off annexatioun, as at mair lenth is contenit in the said act of parliament off the dait at Edinburgh, the [...] day of [...] the yeir of God jM vC lxxxxiij yeiris. Quhairfoir his hieness, remembring his guid, trew and thankfull service in the premises and for acknawledging the samin in ane pairt and for his better intertanyment and to incourage him to contenew in his former effectioun to do his majestie service in tyme cuming, with advyse and consent of this present parliament, ratefeis and apprevis quhatsumevir title and provision maid be his hienes to him off the bischoprik of Abirdene, fruitis, rentis, emolumentis, casualeties, honoris, priviledgis and immunities quhatsumevir quhilk hes appertenid or may appertene thairto; as lyke wayis, with consent foirsaid, rateffeis and apprevis the said gift maid to him in the monethe off December 1590 and act off parliament foirsaid following thairupon and haill articlis, clauses and conditionis thairin contenit with quhatsumevir uther rychtis or secureties maid be his hieness to the said David, bischop off Abirdene off the said bischoprik or ony pairt of the samin, declarand the samin to be als sufficient as gif the samin wer insert heirin de verbo ad verbum. And for his better securetie, his hienes, with advyse foirsaid, off new gevis, grantis and dispones to the said David, bischop off Abirdene during all the dayis of his lyftyme all and haill the few males, victualis and customes abonespecifeit off the temperall landis off the said bischoprik specialie mentionate in his said gift maid to him thairupoun in the said moneth of December 1590, togidder with the few males, customes and utheris dewteis off the said bischoprik disponit in pensioun of befoir to umquhile Schir Patrik Gordoun off Auchindowne, umquhile Maister Walter Gordoun and Johnne Auchinlek and acquyrit sensyne be the said David, bischop off Abirdene and quhairof he is presentlie in possessioun, with quhatsumever uther takkis and pensiones gevin furthe off the said bischoprik quhilk may fall or salhappin to vaike in ony tyme cuming during his lyftyme be the deceis off the present possessoris, expyring off thair takkis and pensiouns, reductiouns or nullites off the samin or for quhatsumevir uther caus and occasioun, togidder with the superioretie and entre off the frie tennentis, entresilver, girsumes and utheris casualeties quhatsumevir belanging to the said bischoprik, with all rycht, titill, entres and clame off rycht quhilk his hienes may pretend thairto, and to the saidis few males, victuallis, custumes, takkis and pensiouns and rycht off the superiorietie abonspecifeit be vertew off the said act off annexatioun, quhilk his hienes, for him selff and his successoris, with advyse foirsaid, transferis, assignis and dispones to the said reverend father during all the dayis off his lyftyme in recompense and satisfactioun off the temporaletie of the said bischoprik, decerning and declaring him to have als guid rycht and titill thairto as he or ony off his predicessoris had to the samin beffoir the said act off anexatioun. Attoure his hienes, understanding that thair is ane speciall assumptioun off the thrid off the said bischoprik off Aberdene quhilk is nawayis vitiat be the said reverand father, and that the ministeris assignationes ar speciallie payit and upliftit furthe off the samin, and that yit nevirtheles the said reverand father is daylie trublit and chargit be the collector generall and his officiaris and be certane pensionaris for payment off the supperplus off the saidis thriddis and off the saidis pensiouns gevin and disponit to thame be his hieness furthe off the samin thridis, albeit he can nawayis be justlie chargit thairwith in respect off the perticular assumptioun off the thrid off the said bischoprik, and that he hes nawayis intrometit with ony pairt off the said auld assumptioun except ane small pairt and portioun off the feu males, victuellis and customes assignit and disponit to him in pairt off payment off the said sowme off sevin hundrethe fiftie thre pundis, thre chalderis, threttene bollis victuall and custumes abonspecifeit, quhilk is the only frie rent off the said bischoprik presentlie bruikit and possessit be him, and thairfoir off all equitie and ressoun aucht and sould be maid frie to him off the payment off all thridis and superplus thairof; thairfoir his hienes, with advyse foirsaid, decernis and ordanes the said reverand father to have beine contenualie sen the dait off his provisioun and to be in all tyme cumming during his lyftyme frie off the payment off the thridis of the said bischoprik or superplus thairof and off quhatsumevir giftis and pensionis gevin and disponit furth off the samin off all yeiris and termes bygane and to cum during the space foirsaid, and exoneris and discharges him simpliciter thairof for now and evir, ordaning the said colector generall and his deputtis and quhatsumevir pensioneris off the thridis off the said bischoprik or ony pairt thairof and all utheris pretendand ony rycht thairto be vertew off quhatsumevir giftis or pensionis disponit furth off the said thrid or superplus thairoff to desist and cease fra all charging, trubling or molesting off the said David, bischop off Abirdene for payment off the said thrid or ony pairt thairof or off quhatsumevir pensiouns alledgit disponit furthe off the samin for quhatsumevir yeiris and termes bygane and to cum during the space foirsaid, and declaring the letteris exequite or to be exequite at thair instance aganes him for the caus foirsaid to be voyd in the selff and to have na exequutioun aganes him; but prejudice alwayis of the said collectoris retours aganes the tennentis and possessoris off the auld assumptioun off the said thrid and samekle thairof quhilk is not assignit and disponit to the said David, bischop off Abirdene in pairt off payment off the said soume of vijC liij lib. and iij ch[alders], xiij b[olls] victuall and custumes foirsaidis presentlie bruikit and possessit be him for the frie patrimonie off the said bischoprik as saidis, quhilk salbe alwayis allowit to him and salbe defalkit to the saidis tennentis and possessoris off the said auld assumptioun in the first end of thair victualis quhilk they ar astrictit to pay be vertew off the said assignatioun.
[1597/11/68]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of parliament ratefeis, apprivis and for his hienes and his successoris †perpetuallie confirmes the infeftment maid, gevin and grantit be oure said soverane lord, eftir his hienes perfyt age, to the provest, bailyeis, counsall and communitie of the burgh of Narne of the said burgh landis, houses and tenementis of the samin within the haill boundis, meithis and merches thairof usit and wount, with all annuelrentis and dewteis quhatsumever pertening thairto, togidder with all and sindrie liberteis, previlegeis, commoditeis, asiamentis and richtuous pertinentis pertening or in ony maner of way is knawin to pertene to the said burgh within all the boundis contenit in the foirsaid infeftment, and that in all the pointis, heidis, articles, conditionis, immuneteis and circumstances specifeit in the samin infeftment, quhilk is of the dait at Leyth, the xvj day of October 1589 and oure said soverane lordis regnne the xxiij yeir; inhibiting and discharging expresly be thir presentis all the leges of this realme quhilkis ar not burgeses and friemen of the said burgh that nane of thame tak upoun hand or presume to use or exerce the liberteis and previlegis pertening to the said burgh and burgeses thairof within the boundis and limeittis sett doun and mentionate in the foirsaid infeftment, or ony pert thairof, undir all hiest pane and charge that thay may incur for doing in the contrair, and ordanes lettrez of publicatioun to be direct heirupoun gif neid beis. And willis, determes and declairis that this present ratificatioun of the foirsaid infeftment salbe of als greit strenth, force and effect to the saidis provest, bailyeis, communitie and counsall of the foirsaid burgh of Nairne and thair successors as gif the samin infeftment had bene maid, gevin and grantit in parliament, and as gif the haill tennour thairof wer specially insert in this present act. Commanding alsua oure clerk of registrie and his deputis to extract, draw forth and deliver this present act to the saidis provest, bailyeis, counsall and communitie and thair successouris quhilk salbe als valiabill as gif the same infeftment war at lenth ingrossit.
[1597/11/69]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding that the bruch of Jedburgh narrest adjacent to the border of Ingland wes be his hienes meist nobill predicessoris for wirdie considerationis erected in ane frie burgh regall, dottit with the commoun landis and all privileges belangand and appertening to ane frie bruch regall as being ane meist necessair refuige to his hienes subjectis upon the border beith in tyme of peax and weir, for resisting of the incursionis and invasionis of the ennemeis and for policie and guid ordour to be mentennit thairin, as in the infeftmentis meid thairupon of auld, bot specialie in the last infeftment grantit be Marie, quene of Scotland in the yeir of God jM vC fyfte sax yeiris, at mair lenth is contenit. According to the quhilk, the provest, balyeis, counsall and communitie of the said burgh hes ben in continuall and peciabill possessioun of the samin bruch as ane frie bruch regall, with all privilegis, communitie and commoun landis pertening thairto als frele as ony uther bruch regall within this realme hes ben at ony tyme heirtofoir. And his hienes, being of the lyk guid intentioun towardis the weilfair and mentenence of the said bruch as ony of his predicessoris wes of auld, his majestie, with advys of the estaitis and body of this present parliament, hes ratefeit, apprevit and confirmit and presentlie ratefeis, apprevis and confirmes the said infeftment of creatioun and erectioun of the said burgh with all privelegis, immuniteis, fredomes, commounteis and commoun landis belanging thairto with quhatsumevir infeftment maid thairoff ofbefoir, and willis the samin rest and remane with the inhabitantis of the said bruch present and to cum and thair posteriteis as valeid and suffecient titlis quhairby thay may posses their said bruch. And of new his hienes, with advys foirsaid, erectis, creattis and incorporatis the samin bruch with the foirsaidis liberteis and privilegis in ane frie bruch regall and to be als freilie bruikit and josit be the inhabitantis thairoff in tyme cumming as ony uther his principall burrowis hes ben bruikit heirtofoir, and ordanes publicatioun to be maid heirupoun in dew forme as effeiris.
[1597/11/70]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaitis of this present parliament, ratifeis† apprevis the new fundatioun of his majesties colledge of auld Abirdene to be reveist be his hienes commissioneris appointit to that effect, viz: Maister Johnne Lyndesay of Balcarhous, his majesties secretar, Maister James Elphingstoun of Barntoun, ane of the senatouris of his hienes colledge of justice, and Maister David Cunynghame, bischop of Abirdene, in all and sindrie pointis, priviledgis, liberteis, immuniteis, clauses and circumstances thairof quhatsumevir eftir the forme and tennour of the samyn, and ordanis his majesties clerk of registrie to ressave the said fundatioun and to extend ane act of parliament thairupoun in the mair forme, with extensioun of all clauses neidfull.
[1597/11/71]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the thre estaitis of this present parliament, ratifeis, apprevis and confirmes the letter of pensione and assignatioun thairin contenit maid and grantit be Johne Stewart, sone to Francis, sumtyme Erle Bothuell and commendatar of the abay of Coldinghame, yconimus and convent thairof for the tyme, with consent of oure said soverane lord, judge arbitratour specifeit thairin, to Schir Alexander Home of Manderstoun, knycht, during his lyftyme, of ane yeirlie pensioun of tuenty fyve chalderis victuall to be upliftit furth of the reddiest of certane of the teindschevis of the landis assignit in the said pensione, as the samyn of the dait the [...] day of Januare the yeir of God jM vC fourscoir ten yeiris mair fullilie proportis in all and sindrie heidis, pointis, clauses, articles and conditionis contenit in the said lettir, eftir the forme and tennour thairof; and willis, grantis, decernis and declaris the same letter of gift to be guide, valide and suffecient to the said Schir Alexander for bruiking and joysing of the said pensione during his lyftyme conforme to the tennour thairoff, notwithstanding the foirfaltour of the said sumtyme erlis declaratour gevin upoun the inhabilitie of the said sumtyme commendatar, his sone or ony uther sentence, decreit, law, statute or constitutioun quhatsumevir quhilkis may appeir to be ony wayis prejudiciall to the said pensione; quhairanent his hienes, with consent foirsaid, dispenses for evir be thir presentis.
[1597/11/72]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament, undirstanding that the citye of the auld toun of Abirdene hes bene of auld erectit be his majesteis predicessouris and foundit in the tyme of Bischop Williame Elphingstoun, gryt chancellar of this realme for the tyme, in ane ancient town and citye for the habitatioun and remaning of the bischopis seat, college and jurisdictioun of officialitie and commissary thairin, and that be alteratioun of the residence of the channonis furth thairof the said citie sen the alteratioun of the religioun hes thir diverse yeiris bygane had na uther moyane nor support bot be the jurisdictioun of the commissariat and college haldin within the samin; like as the commissaris of the said commissariat, their clerkis and memberis of court and the principall, subprincipall, regentis and remanent memberis of the said college hes evir bene in use and costome to remane within the said citye of the auld toun of Abirdene and to sit and hald the consistorie and college thairin in all tymes bigane sene the first erectioun thairof as privilegis, immuniteis and uphaldis of the said citye, and quhairof it hes bene in possessioun and thairwith uphaldin now and in all tymes bigane. For preservatioun of the quhilk ancient citye, privilegis and immuniteis thairof, oure said soverane lord, with avise of the thrie estaitis of this present parliament, ratifeis, apprevis and confirmis all and quhatsumevir liberteis, privilegis, fredomes and immuniteis grantit of auld be his majesties progenitouris to the said citye of auld Abirdene and inhabitantis thairof, and in speciall annexis in and to the same citye of auld Abirdene, for the better uphald thairof, the foirsaidis liberteis and seattis of the consistorie and college foirsaid to be haldine within the samin in all tymes cuming, eftir the forme and tennour of the erectioun and fundatioun thairof and conforme to the auld use and consuetude had thairin of the samin. Lyk as his majestie, with avise foirsaid, statutis and ordanes be this present act that the saittis of the said commissariat and college foirsaid sall sit, hald and remane within the said citye of auld Abirdene in all tymes cuming siclyke and als frele in all thingis as the memberis of the said consistorie and college hes bene in use and custome in all tymes bigane without ony removing or transportatioun of the samin thairfra to the newtoun of Abirdene or ony uther toun or place within the diocie of Abirdene. And to this effect, ordanes the lordis of counsall and sessioun to grant and direct lettrez of horning heirapone at the desyre and instance of the provest and bailleis of the said citye of auld Abirdene chargeing the commissare of Abirdene present and to cum, thair clerkis and memberis of court and the principall, subprincipall, regentis, maisteris and memberis of the said college of Abirdene present and to cum to sit, hald and contenw the said consistoriall place and college foirsaid within the said citye of auld Abirdene and nawyis to remove the samin consistorie or college thairfra to ony uther toun or place within the saidis boundis undir the pane of rebellioun and putting of thame to the horne; and gif thay failyie, to denunce the dissobeyeris his majesties rebellis and put thame thairto etc.
[1597/11/73]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis, apprivis and confirmis this act underwrittin maid at Dundie, the xiij day of Maii jM vC fourscoir sevintene yeiris, off the quhilk act the tenour followis: Apud Dundie, xiij Maii anno etc. lxxxxvij yeris. The kingis majestie, †with avise of his nobilitie, counsall and esteatis presentlie convenit, considering how that be the grite scairsitie of small penneyis presentlie current within this realme not onlie is the exchange of gold and silver and of all uther sortis of wairis and merchandise quhilkis commounlie hes bene intertenyit amangis his hienes subjectis gritlie impedit and hinderit, bot the pure commoun people quhais indigence and miserie hes bene relevit be the suport and conforte quhilk oftymes thay rassave be the liberaletie of sic as wer movit to pitie thair estaite hurte and prejugit, and the said exchange liklie with tyme altogidder to deycay to the grite hurt of the commoun weill gif tymous remeid be not providit. And thairfoir his majestie, being movit of pitie and commiseratioun towardis the pure without respect to ony profeit and commodetie to redound to his hienes (as indeid his majestie nather seikis nor gettis na kynd of commodetie be the cunyie following), hes, with avise of his nobilitie, counsall and estaitis, thocht meit, concludit and resolvit that thair salbe ane hundreth stane wecht of copper unmixt with ony uthair kynd of mettall wrocht and forget in ane mile, and be the said mile maid reddie to the prenting eftir the accustumet forme of his majesties cunyiehous with pyle and cursell quhar that the same be not conterfit, for making of the said exchange and releif of the indigence and miserie of the pure in penny and tua peny peicis, ilk tua penie peice wyand thre denneiris and ilk penie peice weyand ane denneir, tuelff granes, quhairof threscoir foure peceis of the said tua penny peicis to be in the merk wecht, with tua of the said tua peny peicis of remeid of wecht, alsueill have as licht on the merk wecht thairof, and sex scoir aucht pece of the saidis peney peces to be in the merk wecht with four of the saidis peny pecis of remeid of wecht, alsueill heave as licht, on the merk wecht of the samin, haveing on the ane syde the kingis face, bair heidit, with this circumscriptioun: 'Jacobus 6 D. G. R. Scotorum', and on the uther syde, thre thrissillis distinct, with this circumscriptioun: 'Oppidum Edinburgi', and the saidis spaces to have course amangis his hienes liegis for tua pennyis and ane penny ilk pece. Be it alwayis undirstand that nane of his majesties subjectis salbe astrictit to ressave the said kynd of copper money in payment of debtis or uthairis blokis, wairis or marchandice abone the valu of tuelff pennyis ilk pund and sua furth pro rata of all soumes grite and small; and ordanes lettrez to be direct chairgeing officiaris of armes to pas and mak publicatiounheirof be oppin proclamatioun at the marcat croceis of the heid barrowis of this realme and utheris placis neidfull, quhairthrow nane pretend ignorance of the samin; and to command and charge all his hienes liegis to ressave the said copper peceis in payment of all blokis, debtis, waris and marchandice in maner foirsaid, and on nawise to refuis the samin undir quhatsumevir cullouris or pretenses undir the paine of tressoun, and that the maister cunyeor, wardane, counter wardane and sinkar† to the working, forgeing and prenting of the said copper cunyie in maner foirsaid as they will answer to his majestie thairupoun etc.
[1597/11/74]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and thrie estaitis of this present parliament, understanding that the patrimonie of the priorie of Sanctandrois for the maist pert is sa delapidat and exhaustit be the geveing and granting of pensionis furthe of the samin for mony yeiris and diverses liferentis to indure, sua that lytill of the said patrimonie remanis with his hienes deirest cousing Lodovik, duik of Levenox, commendater of the said priorie; and seing gritar proffeit and commoditie will redound to the said Lord Duik of Levenox, commendater foirsaid, be setting of the saidis pensionis or ony pert thairof to sik persone or personis as he sall think expedient for payment to him and his successoris of ane ressonabill yeirlie dewtie of victuell and money, thairfoir oure soverane lord and estaitis foirsaidis, haveand consideratioun of the weill and utilitie of his hienes derest cousing and his successoris of the said priorie, gevis and grantis to the said Lodovik, duik of Levenox, commendater foirsaid, full powar, licence and libertie to sett in tak and assedatioun the teyndshevis of the said priorie to sik persone or personis as he sall think expedient for sa mony yeiris as may stand of the law and consuetude of this realme and for payment of ane ressonabill dewtie of victuell and money yeirlie thairfoir to him and his successoris siclyk and als frelie as his predecessoris, commedateris of the said priorie, mycht haif done at ony tyme bigane, notwithstanding the act of parliament maid at Lynlythgw jM vC fourscoir fyve yeiris or quhatsumevir actis of parliament maid in the contrare to the quhilkis this present act makis derogatioun.
[1597/11/75]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of parliament, understanding that the houses, biggingis, girnellis, orcherdis, yardis, doucattis, kaichpell, cloistour and haill office cituat within the boundis and precinct of the priorie and abbey place of Sanctandrois and the wallis thairof callit the abbey wallis is for the maist pert alreddie decayit and dalie decayis and becummis ruynous in sik sort that the samin, be proces of tyme, will alluterlie decay, to the great hurt of the policie of this realme and to the prejudice of the inhabitatis thairof; lyk as the haill grenis and waist grund lyand within the saidis wallis and precincts ar now altogidder unproffitable. For remeid quhairof, and for the policie of this realme, our said soverane lord and estaitis foirsaidis giffis and grantis full power and libertie to his hienes derest cousing Lodovik, duik of Levenox, commendater of the said priorie, to sett in fewferme for payment of sik fewmailles as he thinkis expedient quhatsumevir perticular pert or pertis of the place within the said precinct of the said abbey, ludgeing, girnellis, office, houses, orcheardis, yardis, ducait, kaichspell, cloister and grenis and haill waist boundis lyand within the saidis wallis and precinct, and to mak infeftmentis and securiteis thairupon. The quhilkis infeftmentis, rychtis and securiteis alreddie maid be the said Lodovik, duik of Levenox, commendater foirsaid, or his predecessoris, prioris of Sanctandrois, or to be maid be him, ar and salbe in all tyme cumming sufficient securitie and effectuall heretable rychtis to the fewaris and possessoris thairof, thair airis, successoris and assignais of oure said soverane lord and estaitis foirsaidis, hes ratifeit and presentlie ratifeis all the foirsaidis rychtis and infeftmentis (alsueill maid as to be maid) be oure said derrest cousing or his predecessoris of ony pert or pertis of the foirsaidis houses, biggingis, girnellis, orcheardis, yardis, ducattis, caichspell, cloistir and haill office, houses and grenis and waist boundis as said is.
[1597/11/76]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis and apprevis the gift and dispostioun maid and grantit be his hienes under the great seall of the dait the threttene day of September the yeir of God jM vC foirscoir aucht yeiris, berand that his hienes, with advyis and consent of the lordis of secreit counsale, nobilitie and estaitis then convenit for the tyme, considering the offer and overtoure maid be the said Ewstatius Roghe to his majestie anent the augmetatioun of his majesteis revenew of ane hundrethe thousand merkis yeirlie be the making of better salt and of gritar quantitie in this land nor hes bene befoir; as lykwayis be the sparing of the fyre and fewall to be sparit thairupon, his hienes, in consideratioun thairof, be his majesteis said gift under the great seill of the dait foirsaid, concludit the samin wark and ovirtoure to pas and that nane of his liegis suld counterfete nor follow the samin under speciall painis mentionat thairin. And als oure said soverane lord, with advyis foirsaid, ratefeis and apprevis the foirsaid gift of the dait foirsaid in the haill poyntis, articlis and clauses thairof efter the forme and tennour thairof in all poyntis, and ordanis lettres of publicationn and uthairis lettres to be direct thairuponas accordis of the law.
[1597/11/77]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament, haveing sichtit and considerit the infeftment grantit be his hienes to Maister Williame Melvill, commendater of Tungland, of the temporall landis of the abbacie of Kilwynning, and haveing considerit the causes specifiit thairin quhairfoir the samin was grantit, ratefeis, apprivis and confirmis the samin infeftment with all causes, priveleges and conditionis contenit thairin efter the forme and tennour thairof, with the advocatioun and donatioun of the kirks of the haill abbacie of Kilwynning, as at mair lenthe is contenit in the said infeftment gevin under the great seall of the dait the xvij day of Maii jM vC fourscoir tuelff yeris. And siclyk, in respect of the said Maister Williamis office of ane ordiner senatour in the college of justice and for uthairis sene causes expressit in his rychtis, ratefeis and apprivis ony uther dispositionis, pensionis or provisionis maid to the said Maister Williame out of the temporall landis, thriddis or spiritualiteis of the abbaceis of Kilwynning and Tungland, or out of the bischoprik of Galloway, and declaris that nane of the actis maid in this present perliament nor in ony parliament befoir sall prejuge nor hurt the said infeftment or ony uther dispositionis, pensionis or provisionis maid to the said Maister Williame Melvill of the temporall landis, thriddis or spiritualitie of the abbacis of Kilwynning and Tungland, or out of the bischoprik of Galloway, bot that the saidis rychtis ar exceptit out of sik generall actis as ar maid generallie in the contrair. And further oure said soverane lord and estaitis foirsaidis, haveing cosideration of the causes sett doun in the said Maister Williamis infeftment and for uthairis causes and considerationis moving tham, gewis, grantis and of new disponis the temporall landis of the abbacie of Kilwynning speciallie sett doun in the said infeftment, with the advocatioun and donatioun of the beneficis of the haill abbacie of Kilwynning, to the said Maister Williame Melvill efter the forme and tennour thairof in all poyntis, and decernis and declaris the samin and the foirsaidis utheris rychtis to be valid and effectuall in all tym cuming, notwithstanding quhatsumevir act of parliament at ony tyme befoir maid in the contrair; and dischargis oure said soverane lordis collectour, advocat and lordis of the chaker present and to cum of all proceding aganis the said Maister Williame in contrair the premises and quhilk may prejuge and mak dirogatioun ony maner of way to the said infeftment out of the saidis perticular landis of Kilwynning, with the advocatioun and donatioun of the kirkis thairof or uthairis rychtis abonementionat.
[1597/11/78]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis and apprevis the giftis of pensioun first grantit be his hienes derrest father and mother to Schir James Melvill of Halhill, knycht, furthe of the customes of the brughe of Edinburgh, the ane of ane hundrethe lib., and the uther of five hundrethe merkis, of the dait the [...] day of [...] yeiris, ratefeit and apprevit of new agane be his majestie efter his perfyte aige of xxv yeris, with augmentatioun of thrie hundrethe pundis monie for his fie to be payit in lykmaner furthe of the saidis customes, as his last gift and ratificatioun thairof beris, of the dait the xxij day of December jM vC lxxx ellevin yeris, with all clauses contenit thairintill and decreittis following thairupon; and exceptis and reservis the saidis pensionis with the foirsaid augmentatioun furthe of the act of Februar or ony uthair actis of parliament that in ony wayis may concerne the kingis propertie or may appeir prejudiciallie to the foirsaidis giftis and dispositionis.
[1597/11/79]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaitis of this present parliament ratefeis and apprivis the gift of pensioun grantit be his hienes furthe of the few mailles and annuelrentis of the temporall landis of the abbacie of Corsraguell, and als aucht chalder aittis yeirlie to be uptakin furthe of the thrid of the auld assumptioun of the aittis of the bishoprik of Sanctandrois at the termes of payment of the samin usit and wount, of the dait the tent day of September jM vC fourscoir aucht yeiris, with all clauses contenit thairintill; and exceptis and reservis the saidis pensionis furthe of the act of Februar or ony uthairis actis of parliament that in ony wayis may concerne the kingis propertie or thridis of beneficis or may appeir prejudiciall to the foirsaid gift of pensioun of the dait abonewrittin, and speciallie exceptis the samin pensioun from the act of parliament maid in this present parliament anent the ratificatioun of the act of Februar.
[1597/11/80]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and his thrie estaitis of parliament, understanding that the haill temporalitie of Northberwick, with the mansioun, maner place, houses, biggingis and yardis thairof and thair pertinentis, with the parochkirk of Northberwick, advocatioun, donatioun and richt of patronage thairof, wer all erectit in ane frie baronie quhairin umquhile Alexander Home of Northberwick, for him self, his airis and successouris specefeit thairin, wer heretablie infeft be oure soverane lord, his chartour under his hienes great seall, quhilkis landis and temporalitie ar exceptit furth of the generall annexatioun of the kirk landis to the crowne, quhairby the said monasterie is alredie effectualie suppressit and the remanent kirkis of the patrimonie thairof in effect dissolvit thairfra, to wit: the kirkis of Largo, Kilconquhair and Mayboill lyand in the schirefdomes of Fyff, Striviling and Air respective, quhilkis kirkis and patronages thairof ar alredie resignit in oure soverane lordis handis be umquhile Dame Margaret Home, priores of the said monasterie, for erectioun thairof in severall rectoreis, to be servit be speciall ministeris and rectores as utheris benefices of cure according as his hienes suld think maist expedient to provyde and dispone the samin; quhilk dimissioun and resignatioun of the said patronages his hienes ressavit and admittit, sua that now thair remanis na propir rent nor patrimonie in the said abbacie of Northberwick, nather temporalitie nor spiritualitie quhairunto ony successour may be provydit in tyme cumming. Thairfoir oure said soverane lord, with advyse of the saidis thre estaittis, ratifeis and appreves the said dimissioun and resignationis maid of the kirkis foirsaidis and everie ane of thame, and hes dissolvit and dissolvis the samin perpetualie heireftir fra the said abbacie that they be na pairt of the patrimonie thairof, suppressand the said abbacie and monasterie for evir, and that thair be na successour provydit thairto in tyme cumming.