[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.
[1597/11/37]*[print] [email] [cite] [preceding] [following]
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.
[1597/11/46]*[print] [email] [cite] [preceding] [following]
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.
[1597/11/52]*[print] [email] [cite] [preceding] [following]
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.
[1597/11/53]*[print] [email] [cite] [preceding] [following]
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.
[1597/11/54]*[print] [email] [cite] [preceding] [following]
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.
[1597/11/55]*[print] [email] [cite] [preceding] [following]
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.†