[1599/7/5]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis presentlie convenit ratifies, apprevis and confermis the act of counsall maid and grantit in favouris of Eustachius Rooghe, Flemyng, for making of greit salt within this realme, with the gift of the comptrollarie of the same grantit be his hienes gift under the prive seill to Williame, commendater of Pettinweme, in the haill heidis, pointis and articles of the same; and ordanis the said act to haif the strenth and effect of ane sufficient securitie to thame quhill the nixt parliament, at quhilk tyme oure soverane lord and estaittis hes promeist to caus the same be ratifiet in parliament, off the quhilk the tennour followis: Apud Edinburgh, decimo nono Junii anno Domini millesimo quingentesimo nonagesimo nono. Forsamekill as the inventioun of making of greit salt within this realme, found out be Eustachius Rooge, Fleming, is not onlie ane singulare benefite to the commounwealth and haill lieges thairof, bot be all apperance sall augment and increase his hienes rent and revenewis in ane greit quantitie; and the said Eustachius, alreddy haifing gevin upoun his awin charges ane perfyte assay of the same, and that now the wark itself can be in na measoure brocht to ony perfectioun without greit charges and expenses, quhilkis his majestie, being nawayes of mynd presentlie to advance, thairfoir the said Eustachius, for signifeing of his reddines to his majesties service and advancement of his hienes profeit, hes intendit for begynning of the said wark to tak upoun profeit the soume of tuentie thousand pundis, and that for compleitting and furneissing of tua salt pannis for making of the said greit salt. And becaus the personis, alsueill Scottismen as strangearis, quha will in onywayes advance the said money for profeit will nawayes becontent of ten of the hundreth for the yeirlie profeit of the same, and that gif ony forder be gevin for the said money, the same mon be rebaittit and defalkit of the reddiest profeit of the saidis pannis, thairfoir the lordis of his hienes secreit counsall hes declairit and ordanit that of the first and reddiest of the profeit of the saidis pannis to be biggit as said is, not onlie sall the annualrent of the said soume be payit according as it cumis to ten for ilk hundreth, bot also they haif gevin and grantit to the said Eustachius the soume of ten schillingis of ilk boll salt that salhappin to be maid, and that for satisfeing of his creditouris and sic as he sall tak money of in the superplus of the profeit of thair money to be craveit be thame; and that ay and quhill ather the saidis soumes that salbe first tane on be releisit be the frie profeit to be gottin be his majestie of the said pannis or than the samin soume payit be his majesties self. Lyke as the lordis of his hienes counsall be thir presentis declairis that sic as will advance money to this present act, notwithstanding of the act of parliament, sall nawayes incur ony danger or inconvenient albeit thai tak grettar profeit thairfoir nor is prescryvit be the said act. And becaus his majesties profeit wilbe augmentit according as the nowmer of the pannis sall increse, and the bestowing of the frie profeit to be had of the saidis tua pannis being allanerlie employit to the fordering of uther tua pannis will double the rent his majestie sall acquyre be the saidis tua pannis, thairfoir it is concludit be the saidis lordis of counsall that the frie profeit that salbe had thairof the said tua first pannis salbe warit and bestowit haillilie to the bigging and accomplisching of uther tua pannis, and na part of the same salbe in ony maner of way assignit, disponit or gevin away to ony persone quhatsumever or to ony uther use. And siclike thair is speciall allowance grantit to the said Eustachius for his service and onwaitting in setting fordward the said wark fra the tyme that he sall enter to the bigging of the pannis unto the four compleit pannis be furneist, daylie and ilk day for the sustentatioun of him, his horse and servandis the soume of threttie schillingis to be payit of the reddiest of the profeit of the saidis pannis, quhilk the saidis lordis hes apointit to be allowit in the comptis of the saidis salt pannis quhensoever the samin salhappin to be hard; and quhensoever the saidis four salt pannis salbe accomplischit, than and in that cais the said daylie allowace gevin to the said Eustachius salbe thairefter dischargit and he sall haif recourse to the tent part of the just profeit aggriet be contract betuix his majestie and the said Eustachius, as the said contract of the dait the [...] day of August jM vC fourscoir aucht yeiris beiris; and siclike efter the finishing of the saidis four pannis, the profeit of the same partlie salbe employit to the bigging of ma pannis for augmenting of his hienes rent be they meinis and partlie for defraying of his hienes uther honourabill charges and expenses, alwayes of the first and reddiest of the profeit thairof the annuelrent of the first money advancit salbe yeirlie payit quhill his majestie redeme the same be payment of the principall sowme. And forder it is ordanit that yeirlie in the moneth of Julii thair be ane compt gevin to the lordis auditouris of the chekker of the haill ressait and debursingis in the said mater, and the said Eustachius compt and the uther, quhilk is to be keipit be ane speciall man to be apointit be his majestie to that effect, salbe comptrollit be the compt of thair intromissoun to be gevin in be Williame, commendater of Pettinueme, comptroller of the saidis salt pannis, to quhome thair salbe allowit for his serrvice in the said office of comptrollarie the soume of fourtie schillingis for ilk chalder salt that salhappin to be maid during all the yeiris contenit in his gift maid to him of the said office of comptrollarie; the quhilk gift of comptrollarie of the saidis salt pannis grantit to him be his majestie the saidis lordis ratifies, apprevis and confermis the same in all pointis, and hes apointit the said Williame, comendater of Pettinueme to be present be himself or his deputtis yeirlie in the moneth of Julii quhen as the comptis of the saidis salt pannis salbe ressavit and hard, and thair to produce ane sufficient compt to comptroll the charge and discharge to be producit for the part of the said Eustachius. And last it is apointit that na part of the profeit of the saidis salt pannis sall in ony wayes be bestowit (exceptand the ordiner fies and allowances) bot to the bigging and perfyting of uther pannis quhill thai extend to the nowmer of four pannis; and efter thai four pannis be finischit, the rent of the same to be weill manageit in making of ma for his majesties grettare proffeit, and the rest as it may be spairit fra that use to the defraying of his hienes necessair expenses. It being alwayes rememberit, lyke as the lordis of counsall presentlie declairis that efter the perfyting of four of the saidis pannis, the thrid of the haill frie profeit of the same sall appertene and salbe assignit to the said Williame, commendater of Pettinueme for payment of his superexpenses restand to him be his majestie, conforme to his fuittit compt extending to the soume of tuentie fyve thousand pundis; quhilk soume being satisfiet be the said thrid, the said commendater salhaif na forder intromissioun except samekill as is allowit to him for dischargeing of his office.
[1599/7/6]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and his estaittis presentlie convenit, considdering the greit hurt his majesties subjectis sustenis and the innumerable falsettis daylie inventit by forging of diverse privat writtis, the same being keipit obscure quhill the moyane of the tryell of the falset of thame be takin away, speciallie instrumentis of seasingis, reversionis, bandis for geving of reversionis, assignationis to reversionis, intimationis of the same and discharges of reversiones, quhilkis writtis being secreitlie keipit up, gif thai be trew, to the prejudice of parties, or maliciouslie obscurit gif thai be false, quhill proces of tyme, deceise of parties, witneses and writtaris tak away all adminicles of improbatioun, na publict recordis being establist quhairin all parties may find resolutioun of the estait of ony landis quhairwith thai meane to contract. For remeid quhairof, it is statute and ordanit that in all tyme cuming all instrumentis of seasingis, reversionis, bandis for geving of reversionis, discharges of reversionis, assignationis to reversionis and intimationis of the same quhilkis sall not be registrat within the buikis of counsall and sessioun within the space underwrittin (and lykwayes exceptand seasingis of borrowlandis haldin in frie burgage gevin upoun resignatioun maid in the baillies handis, conforme to the act of parliament) be insert and registrat in the registeris presentlie apointit to that effect within fourtie dayes nixt efter the making and perfyting of the same; utherwayes to be null and to mak na faith in judgement nor outwith, and the said nullitie to be ressavit be way of exceptioun. And the saidis registeris, for the greitar ease of the lieges, to be establist in the particuler places following, that is to say: ane in the toun of Kirkwall in Orknay for the haill inhabitantis and landis lyand within the schirefdome of Orknay and Yetland; ane in the burgh of Invernes for the schirefdomes of Invernes and Cromertie; ane in the burgh of Elgin for the schirefdomes of Elgin, Forres and Nairne; ane in the burgh of Abirdene for the schirefdomes of Abirdene, Banff and Kincardin; ane in the burgh of Dundy for the schirefdome of Forfar; ane in the burgh of Perthe for the schirefdome of Perthe and stewartrie of Stratherne, exceptand the stewartrie of Menteith; ane in the burgh of Striviling for the schirefdomes of Striviling and Clakmannane and stewartrie of Menteith; ane in the burgh of Cowpar in Fyfe for the schirefdomes of Fyfe and Kinrosschyre; ane in the burgh of Edinburgh for the schirefdome of Edinburgh principall and constabularie of Hadingtoun; ane in the burgh of Linlithgow for the schirefdome of Linlithgow and Bathcat; ane in the burgh of Lauder for the schirefdomes of Beruick, Roxburgh, Selkirk and Peblis and bailliearie of Lauderdaill; ane in the toun of Hammiltoun for the schirefdome of Lanerk, exceptand the burgh and barony of Glasgow; ane in the citie of Glasgow for the barony of Glasgow and schirefdome of Renfrew; ane in the burgh of Dumbartane for the schirefdome of Dumbartane, Bute, Argyle, Arrane and Tarbet; ane in the burgh of Air for the schirefdome of Air and bailliaries of Kyle, Carrik and Cuninghame; ane in the burgh of Wigtoun for the schirefdome of Wigtoun; ane in the burgh of Drumfreis for the schirefdome of Drumfreis and stewartries of Kirkcudbrycht and Anandaill; or ony uther place or places mair convenient as the keipar of the saidis registeris sall think expedient, dew intimatioun being maid to the lieges of the same; and the saidis evidentis to be registrat in the particuler buikis apointit for ilk schirefdome as said is. And to the effect the said office may presentlie and in all tyme cuming be the mair faithfullie administrat, statutis and ordanis the same to be anext and incorporat with the office of secretarie, and the foirsaidis registeris to be callit the registeris of secretarie in all tyme cuming; and that the secretar, present and to cum, haif the said office as ane proper part and pertinent of the said secretary, mak and constitute particuler deputtis, ane or ma, in everie ane of the places foirsaidis of guidfame, literature and qualificatioun, for quhome he salbe answerable; and quha salbe resident within the said toun and burgh, reddy at all tymes to ressave fra the parties thair evidentis and to registrat the samin within the space of tuentie four houris nixt efter the resset thairof, and deliver to the presentare of the same thair evidentis markit be him with the day, moneth and yeir of the registratioun and in quhat leaf of the buik the same is registrat; and sall tak allanerlie for his panes the soume of xiij s. iiij d. as for the price of ilk leaf of his registrie writtin on baith the sydes, and according thairto sall tak proportionallie for registring of everie ane of the saidis evidentis. Quhilk depute to be apointit as said is for keiping of ilk registrie foirsaid sall twyse ilk yeir at the feist of Witsounday and Mertimes mak ane roll of all evidentis presentit and markit be him the half yeir preceiding, and sall affix the same on sum publict place of the toun quhair he remanis, that the same may come to all parties knawledge. And the saidis registeris to be fillit be the saidis deputtis, to be markit be the secretar (or his deputtis to be apointit be him to that effect) with ane note of the parliculare nowmer of the leaves that the same sall contene; and the saidis registeris, efter the filling of the same, to be reportit to the said secretar, to remane with him and be patent to all oure soverane lordis liegis that salhaif ado with the same. The extract of the quhilk registrie salhaif als greit faith and strenth as gif the originall wer schawin, except the parties haifand entres to oppone aganis the saidis writtis offer to impreve the same be way of actioun or exceptioun; in the quhilk cais, the partie, purchessare of the saidis evidentis, and uthairis haifand entres to defend the same, salbe haldin to produce the principallis and originallis notwithstanding thai be registrat as said is; and that nane of the saidis evidentis be of force, strenth or effect to ony intentioun bot to be null and of nane availl except the same be registrat as said is. And his majestie and estaittis foirsaidis hes ordanit thir presentis to be publist betuix and the tuentie day of September nixtocum at the mercat croces of the heid burrowis of this realme and utheris places neidfull, and to haif effect and begyn at the ellevint day of November nixtocum in this instant yeir of God 1599. And that this presentis be ratifiet in the nixt parliament and authorizit and allowit be the lordis of counsall and sessioun.
[1599/7/7]*[print] [email] [cite] [preceding] [following]
Forsamekill as it is understand to the kingis majestie, his nobilitie, counsall and estaitis presentlie convenit that be diverse actis of parliament, lawis and constitutionis heirtofoir obserrvit, all maner of Inglis guidis brocht within this realme ar and hes bene ewer subject and in use of payment to his hienes of ane certane custome and dewtie properlie appertening to his majestie as ane part of the patrimony of his croun; lyke as alsua all uther sortis of claith, silkis stuffis and merchandice brocht within this realme fra foreyne nationis ar be ane act of his majestie, his nobilitie, counsall and estaittis of the dait the threttine day of Maii 1597 ratifiet and approvit in the parliament haldin at Edinburgh in the moneth of December that same yeir, subject to the payment of ane certane custome to his hienes and the merchandis, inbringaris of the saidis guidis, aucht not to lose, brek bowke nor dispone thairupoun quhill the same be first enterit, sene, markit and deulie custumat be the custumaris apointit thairto. Notwithstanding, the custome of the saidis guidis ar very far owirsene, to the greit hurt and discomoditie of his majestie, in respect thair is na seill appointit to be hungin to the saidis guidis according to the use and consuetude observit in utheris nationis, quhairby the guidis custumat could nawayes be knawin be the uncustumat guidis, and swa, be thair confusioun, the merchandis, awneris and inbringaris of the saidis guidis, immediatlie efter the arryveing and cuming of the saidis guids within this realme, loss, brekis bowke, sellis and conceillis the same and never offerris nor presentis na part thairof to be custumat conforme to the ordour, to the greit prejudice of his hienes. Quhilk being now considderit be his hienes, his saidis nobilitie, counsall and estaittis, and thay finding that be the want of the said seill his majestie is and hes bene greitlie defraudit of his customes, ordanis thairfoir the haill custmaris within this realme to caus mak and prent ane seill and stamp of seill contening tua halffis for everie burgh and sey port within this realme quhair thay ar establist custumaris, the ane half thairof contening 'Jacobus Rex', with his hienes armes and crowne, and the uther half the name of the burgh quhar the same sall remane; quhilk seill and stamp salbe applyit to leid, being sua strukin and prentit with the said stamp, salbe hungin to everie wobe peice and steik of claith, silk and stuff of quhatsumever natioun that heirefter salbe brocht within this realme be sey or land befoir the same be presentit to oppin mercat, sauld or onywayes disponit upoun; and the ane half of the said seill to be keipit be the custumar, and the uther half be the clerk of cocquet, the awneris of the said claith, silkis and stuffis payand the custome thairof. And to the effect the claith, silkis and stuffis presentlie being within this realme may be knawin and decernit fra that quhilk heirefter salbe brocht within the same, it is alsua decernit and ordanit that the custumar of everie burgh and sey port sall repair to the duelling houses and buithis within everie ane of the same burghis and portis quhair thay ar particularlie apointit custumaris, and thair ressave the aithis of the awneris of sic peces, steikis and wobis of claith, silkis and stuffis as ar thairin, quhidder the same hes payit the custome thairof or not; and sic as hes not payit custome, that the same be than instantlie payit and the said seill in taikin thairof hungin thairto, and to all the utheris peces, steikis and wobis quhilkis salbe apprehendit within the saidis buithis and houses quhairof the custome hes bene payit of befoir, upoun the expenses alwayes of the said custumare. And that the awneris of the said claith and stuffis requyre the custumaris within everie burgh and port particularlie to repair to thair saidis buithis and houses to this effect within fourtene dayes efter the publicatioun heirof, and forder to do and performe all utheris thingis quhilk to everie ane of thame is apointit to be done in maner foirsaid, under the pane of confiscatioun of all the peices, wobbis and steikis of claith and stuff that salbe apprehendit thairefter wantand the said seill. And that na maner of personis, inbringans of the said claith, silk and stuff within this realme in tyme cuming, presume nor tak upoun hand to sell nor dispone upoun the same, nor na part thairof, unto the tyme the same be presentit to the custumaris within the custome house, the custome thairof payit and the said seill in taikin thairof hungin to everie particulare peice of the same as said is under the pane of escheitting of the same, certifeing thame and thay failye, that all and quhatsumever wobis, steikis and peices quhilkis salbe apprehendit wantand the said seill salbe confiscat and intromettitwith to his majesties use as escheit with all rigour and extremitie in example of utheris. And that lettres of publicatioun be direct heirupoun, quhairthrow nane pretend ignorance of the samyn.