[1598/12/1]*[print] [email] [cite] [preceding] [following]
[1598/12/2]*[print] [email] [cite] [preceding] [following]
Forsamekill as ane of the grittest causes quhilk hes procurit the greit contempt and dissobedience of ane greit nowmer of oure soverane lordis lieges hes bene the default and inlaik of ane sufficient nowmer of the nobilitie, baronis and utheris counsallouris, being weill willit men and effectionat to his majesties service and the guid governament of the commoun wealth, to haif assistit his majestie in geving to him thair guid advyse and counsall for suppresseng of enormities, quhairthrow his hienes hes bene forcit thir yeiris bigane in proper persone to undertak greit panes and travellis in the outredding and dispatche of materis belanging to his hienes prive counsall, quhilk, without the help and advyse of uthairis, being nawayes possibill for his majestie to discharge. And seing that in tyme bigane be ressoun of the confusit multitude of counsallouris all materis wer neglectit, quhilk not onlie procurit ane generall misregaird of his authoritie, bot materis being done amiss his majestie culd not justlie burdene ony of the saidis counsallouris thairwith, the nowmer being almaist altogidder indefinite and uncertane and everie ane purgeing himself of the evill progres of all proceidingis thairintill. And becaus be experience it is fund that ane multitude is ever the occasioun of ane confusioun and that materis to be intreatit in counsall may not be treatit and handlit sa privelie and quietlie as thay aucht and sould be gif the bigane disordour be notamendit and the nowmer of the saidis counsallouris maid definite and choise be maid of the best and worthiest to accept and discharge that burdene, thairfoir his hienes and estaittis presentlie convenit hes nominat the particular personis efterspecifiit to be of his hienes prive and secreit counsall, thay ar to say: [...],† extending in the haill to the nowmer of threttie ane personis, quhairof sextene salbe erlis and lordis, quhilk salbe the definite nowmer of the said prive counsall in all tyme heirefter, and na utheris salbe adjoynit to thame, bot thay to bruik and jois the said office during all the dayes of thair lyftymes. Off the quhilk xxxj personis abonespecifiit thair sall at the leist sevin of thame be convenit befoir ather materis of estait be treatit and handlit or ony actiouns or complaintis hard; nather sall thay in onywayes proceid without the nowmer of sevin counsallouris be present togidder. And in speciall the saidis estaittis hes apointit the tymes of meiting to the saidis counsallouris for treating materis of estait and laying doun of ovirtouris for the guid governament of the commounwealth and for keeping of peax and obedience in the cuntrie to be oulklie upoun Tyisday at efternone, and for heiring of complaintis and calling of actionis compitent to that judicatorie oulklie upoun Thurisday at efternone, and thair conveining ordinarlie to be at his hienes palice of Haliruidhous or ony uther place quhair his majestie sall think meitest during his non residence thair; and nane to be present at thair said conveining with his majestie except the saidis xxxj counsallouris or sa mony of thame as salhappin to be present with the clerkis of counsall allanerlie. Attoure, oure soverand lord and estaittis, being of that mynd that the saidis counsallouris electit and chosin to geif his majestie guid counsall and advyse in the governing of the commoun wealth suld be especialie regairdit and suld enjoy and bruik sum priviledgis by utheris quha ar nawayes trublit with that burdene, hes thairfoir concludit and ordanit that everie ane of the saidis counsallouris in ony place of thair abyding for the tyme sall haif frie poware and commissioun as thay sall think expedient upoun the interveining of ony trubill or ryot to command and charge the doaris thairof to enter in waird within sic waird or castell and within sic ane schort space as thai sall think expedient, quhill ordour be tane be his majestie and the counsall thairwith. And incais that occasioun fall out betuix ony parties in convocatioun of his hienes liegis in ony nowmeris quhairthrow it be feirit that sum inconvenient sall ensew, ony of the saidis counsallouris being ewest thairto may ather in proper persone or direct his officer and servand and discharge the saidis personis convenit as said is. And gif in onywayes the said counsallour, his command and charge gevin to ony persone in the said mater, or in granting of assurances to utheris, or keiping of thair houses and ludgeingis, be neglectit efter the report of the samin maid to his majestie and counsall, the estaittis findis it meit and expedient that ane pecuniall pane and fyne be enjoynit to the partie, dissobeyar of the command gevin be the said counsallour; and gif the offendar be present, to be committit to waird quhill the samin be satisfiet to his hienes thesaurare for his majesties behuif; and incais of his absence, that lettrez of horning be direct for the samyn, and that the saidis panes and fynes be modifiet be his majestie and his said counsall according to the qualitie of the personis and greitnes of the offence. And oure said soverane lord and estaittis hes promeist to authorize everie ane of the saidis counsallouris and to assist thame in thair proceidingis, that thairby it may be knawin that the samyn is grantit to thame as ane speciall favour and priviledge for thair service, providing alwayes that in all thair proceidingis thay be comptable and answerabill to his majestie and the rest of his hienes counsall that na just caus of complaint be hard aganis thame. And becaus heirtofoir small regaird hes bene had be counsallouris in thair residence to await upoun that service, almaist never repairing bot onlie upoun the necessitie of thair awin adois or sum of thair freindis particularis, thair being na penaltie or danger injoynit to thame for thair absence, thairfoir, to the effect that the counsallouris abonespecifiit may the better attend and await upoun the said counsall, oure soverane lord and estaittis declairis that quhatever he be of the nowmer abonespecefeit that salhappin to be absent fra the said counsall four ordinar dayis of sitting togidder, not haifing of befoir purchest licence of his majestie and counsall to be absent, that his said absence during the said space sall ipso facto infer deprivatioun from his place of the said counsall, and his majestie, immediatlie efter the expyring of the said space, may present ane uther in his place. And als incais ony of the saidis counsallouris efter licence had and obtenit for thair absence during ane certane tyme remane efter the ischue thairof be the space of four severall sitting dayis, that than inlyke maner the said counsallouris absence during that space sall infer deprivatioun of him fra his office without, befoir expyring of his licence, purches new licence to be absent ane langer space. And becaus heirtofoir thair hes bene ane greit abuse in ane greit nowmer of his majesties counsall quha hes not bene eschamit to sitt in counsall, being his majesties rebellis and at the horne, quhair thai sould haif be thair guid example of obedience movit utheris to follow the samyn, thay haif be the contrair be thair dissobediens procurit ane universall comtempt of his hienes authortie amang the haill lieges; thairfoir it is declairit that ony of the saidis counsallouris that sall remane fourtie dayis at the horne unrelaxt efter thair denunciatioun for ony caus quhatsumever, the said space being expyrit, sall thairupoun tyne thair place in counsall in ipso facto and his majestie sall apoint sum uther in his vacand place quha sall bruik and jois the same during all the dayis of his lyftyme. And the saidis estaittis hes ordanit the saidis counsallouris, efter thair convening, to set down sic lawis, statutis and ordinaces as sall seme maist meit and expedient for establischeing of the said counsall and keiping of guid ordour thairintill.
[1598/12/3]*[print] [email] [cite] [preceding] [following]
The kingis majestie, his nobilitie, counsall and estaittis presentlie convenit, considering the grit confusioun and inconvenient presentlie within this realme throw the multitude of diverse sortis of forayne gold and silver of variant wecht, prentis and pryces current without ony certane stand bot at the appetyte of the gevar out and ressavear, to the grit trowble, faschrie and hinder of his hienes subjectis of all estaittis and degries; for remeid quhairof, albeit thair hes bene diverse actis maid be his majestie, his nobilitie, counsall and estaittis heirtofoir dischargeing the course of all forayne gold and silver within this realme and upoun quhat pryces the same suld be imbrocht to serve as bulyeoun to his majesties cunyiehous, yit the samyn actis hes tane na effect nor executioun bot ar and hes bene planelie violate and contravenit be grit numbreis of his hienes leigis, and the rysing and intertening of the derth of forayne cunyie sa fosterit and avowit that the samyn is far abone the pryces of his majesties proper money, albeit in all utheris weill governit commoun wealthis and republickis all forayne cunyie licensed to haif course is ever upoun inferior pryces to thair awin proper cunyie. And now his majestie, his nobilitie, counsall and estaitis presentlie convenit, considering the present estait and conditioun of his hienes subjectis quha ar not able to underly the extremitie of the saidis actis, and his majestie being alwyis cairfull to moderate the same for thair ease and releif and for the commoun weill and benefeit of the haill realme, his majestie thairfoir, with advyse foirsaid, hes concludit, statute and ordanit that the unce of forayne silver of the fynnes of allevin denneire salhaif course heirefter within this realme for fourtie aucht schillingis allanerlie, and the unce of forayne gold of tuentie tua carret fyne for tuentie aucht pundis xvj s., and that the particular spaces and pryces of forayne gold and silver salhaif course and pas upoun the pryces following aggreable alwyis to the particular pryces of the unce: that is to say the Inglis testane, weyand four denneiris and auchtene granis, at nyne schillings vj d., the fyftene sous pece, weyand sevin denneiris and xij granis, at fyftene schillingis, the Spanische ryell, weyand xxj denneiris and sex granis, at xliij s. iiij d., the croce dolour, weyand xxij denneiris and ten granis, at xlij s. iiij d., and all his hienes awin money to haif course conforme to the formar proclamatioun; the Spanische pistolet, weyand tua denneiris and xiiij granis, at iij lib. ij s., the croun of the sone, weyand tua denneiris and xiiij granis, at iij lib. iij s. iiij d., the Harie dowcat of France, weyand fyve denneiris, tuelf granis, at vj lib. xviij s., the gunhoill angill, weyand four denneiris, at v lib., the dowbill dowcat, weyand fyve denneiris, ten granis, at vij lib., the Ghentis nobill, weyand sex denneiris, sevin lib. xiij s. iiij d., the Portingall dowcate, weyand ane unce and four denneiris, at xxxv lib., the angell noble, weyand four denneiris, at v lib. iij s. iiij d., the Harie noble, weyand fyve denneiris, ten granis, at sevin pundis, and the auld roise noble, weyand sex denneiris, at vij lib. xv s. And with thir his majesties thirsell noble to geve heirefter sevin pundis xvj s., the hat pece iiij lib. ix s., the lyoun pece v lib., and all the remanent of his majesties gold cunyie nawyis to be brokin doun bot to haif course and pryce according to the rait of the unce of xxij carret fyne at threttie pundis, as the act of parliament appointis. And ordanis lettres to be direct to mak publicatioun heirof be oppin proclamatioun at the mercat croces of the heid burrowis of this realme, quhairthrow nane pretend ignorance of the same; and to command and charge all his hienes subjectis to conforme thame selfis to the premises and onnawyis to tak upoun hand to ressave or outgeve in exchange ony of the particular spaces abonewrittin of gold and silver upoun hier pryces nor is particularlie abonexpremit, under the pane of escheiting thair haill movable guidis and geir to be imbrocht and upliftit to his majesties use, and ordanis lettres of publicatioun to be heirupoun direct.
[1598/12/4]*[print] [email] [cite] [preceding] [following]
Forsamekle as in tyme bygane the onlie meane for quyeting of the bordouris wes the entrie of pledgis and the keiping of thame in suirtie, that incace ony enormitie or wrang wer committit be ony of the gang or surname for the quhilk thay wer enterit pledges, than justice suld be execute aganis the saidis pledgis with all rigour; and becaus heirtofoir ane grit number of the nobilitie and barrounis being burdenit for keiping in suirtie sum of the saidis pledgis hes maid thair excuse of the danger and inconvenient that micht occur to thame incace of the escaip of ony of the saidis pledgis delyverit to thame in keiping, quhilk being easie to be preventit be the mair imprisonment of thame, oure soverane lord and estaittis presentlie convenit findis that nane of his nobilitie and barounis being burdenit to ressave ony of the saidis pledgis sall refuis to accept thame upoun excuise of ony inconvenient quhatsumever that may ensew, bot sall ressave thame and keip and detene thame ay and quhill the saidis pledgis be suittit to be redelyverit be thame, and salbe answerable for thame that thay sall nawyis escape, ilk pledge under the pane of tua thowsand pundis.
[1598/12/5]*[print] [email] [cite] [preceding] [following]
Forsamekle as thair is ane greit abuse usit be meilmakeris within the boundis of Lowthiane in caussing grind the haill aittis and schilling and making mair meill in ane boll greit aittis nor ane boll meill, quhairthrow the haill subjectis susteinis greit lose and skayth in paying als deir for dust and seidis as gif the samyn wes guid meill; for remeid quhairof, the kingis majestie and estaittis presentlie convenit hes gevin and grantit full power and commissioun to Schir Johnne Cokburne of Ormestoun, knicht, justice clerk, Schir Richart Cokburne of Clarkingtoun, knicht, lord preavie seall, Maister David McGill of Cranstounriddell, senatouris of the college of justice, Maister Williame Hart of Livelandis, justice, Maister George Lawder of Bass, Schir Patrik Hepburne of Lufnes, knicht, and Johnne Touris of Innerleyth, or ony thrie of thame, to convein and set doun sum solid ordour and forme how that bygane fault committit be the meillmakeris may be amendit, and that the leigis be not langer abusit be bying of sic meill, the maist pairt thairof being dust and seidis; and quhatevir thai sall conclude, deliberat and determine thairanent to have the lyik force, strenth and effect as it wer concludit in this present conventioun.