Legislation
Anent invading and persewing of counsalouris

Oure soverane lord and estaittis of this present parliament, understanding that diverse of the lordis of his hienes secrete counsaill and sessioun and utheris of his hienes officiaris for the discharge of thair bundin duetie in his hienes service incurris the hatrett, indignatioun, malice and feid of sindrie personis and oft tymes querrellis thame without ony just cause, thairfoir statutis and ordinis that quhatsumevir persone in tyme cumming invadis or persewis ony of his hienes sessioun, secrete counsaill or utheris his hienes officiaris, it being verefeit and tryit that ony of the saidis counsalloris, sessionaris and officiaris wes persewit and invadit for doing of his hienes service, sall be punischit to the death.

  1. NAS, PA2/16, f.19v. Mss returns to usual hand. Back
  2. 'V' written in margin beside heading. Back
  3. NAS, PA2/16, f.19v. Back
  4. 'V' written in margin beside heading. Back
  5. NAS, PA2/16, f.19v. Back
  6. 'V' written in margin beside heading. Back
  7. NAS, PA2/16, f.19v-20r. Back
  8. 'V' written in margin beside heading. Back
  9. NAS, PA2/16, f.20r. Back
  10. 'V' written in margin beside heading. Back
Anent purprusioun in the kingis commonteis

Oure soverane lord and estaittis of this present parliament, considering that his hienes and his hienes predecessouris, for the help and releif of his pure commonis in diverse pairtis of this realme, hes reservit great quantitie of mureis and utheris commoun landis nawayis disponit in propirtie to ony particular persone, nochtwithstanding quhairof diverse persones hes ryvin out, parkit, teillit, sawin and laubourit great portionis of the samin commounteis, without ony richt of propirtie competent to thame, to the prejudice of his hienes and utter wrak of the pure tennentis and commonis of this realme, thairfoir statutis and ordinis thatt all persones quha hes teillit, laubourit, sawin, parkit, inclosit or appropriat ony pairt or portioun of his majesties commoun mures or utheris commounteis belanging to his hienes within the memorie of man, the samyn being tryit ather be way of molestatioun or be the lordis of the sessioun, that they within yeir and day eftir the said tryell lay in the samyn commounteis agane to the effect the samin may remane unlaubourit or parkit in ony tyme thaireftir bot to remane as commountie siclyk and in the samin maner as it wes befoir the ryving out or parking thairof; and gif they failye to do the samin within the space foirsaid, lauchfull tryell being tane thairin as said is, they sall be decernit to have committit purprusioun. And siclyk oure soverane lord and estaittis foirsaidis statutis and ordinis that quha soevir in tyme cumming sall teill, laubour, manure, saw, park, inclose or appropriat ony pairt or portioun of his majesties commoun mures or utheris his hienes commounteis (the samin being sufficientlie tryit in maner foirsaid) sall be alsua decernit to have committit purprusioun and punischit thairfoir conforme to the lawis, use and consuetude of this realme observit of auld in matteris of purprusioun.

  1. NAS, PA2/16, f.19v. Mss returns to usual hand. Back
  2. 'V' written in margin beside heading. Back
  3. NAS, PA2/16, f.19v. Back
  4. 'V' written in margin beside heading. Back
  5. NAS, PA2/16, f.19v. Back
  6. 'V' written in margin beside heading. Back
  7. NAS, PA2/16, f.19v-20r. Back
  8. 'V' written in margin beside heading. Back
  9. NAS, PA2/16, f.20r. Back
  10. 'V' written in margin beside heading. Back
Anent beraris and schuteris with hagbuttis and pistolettis

Oure soverane lord, understanding that calling and persewing of beraris, weraris and schutteris with hagbuttis and pistolattis and utheris ingynes of fyre wark befoir his justice and his deputtis breiddis sic truble to pairteis and assyssouris and sic difficultie in the tryell that oftymes innocent persones ar thairby vexit, and sic as ar giltie eschewes thair dew punischement be declyning of the assyssouris that best knawis the veritie of the fact and uther sic subterfuges and delayes of lauchfull tryell; for remede quhairof his hienes, with advyse and consent of his estaittis of parliament, statutis and ordinis that the beraris and weararis of hagbuttis and pistolattis and utheris ingynes of fyre wark quha hes nather committit slauchter nor mutilatioun or uther odious violence thairwith, bot onlie borne and worne thame upoun thair persones or in thair cumpanyes contrair his hienes lawes and actis of parliament, may be ather persewit criminalie befoir the justice and his deputtis according to the custome heirtofoir observit, or befoir his hienes and the lordis of secrete counsaill and lauchfull probatioun of witnesses or aith of pairtie at the optioun of his hienes thesaurar or advocat, provyding alwayes that sic as sall be persewit befoir his hienes and lordis of his secrete counsaill and tryit be probatioun of witnesses giltie of ony of the saidis crymes sall nocht incur the corporall punischement prescryvit be the former actis be amputatioun of the richt hand, bot onlie tobe punischit be wairding of thair persones, escheat of thair gudis moveabill, or payment of sik ane pecuniall penaltie and sowme of money as his hienes and lordis of his secrete counsaill sall decerne, but prejudice onywayes of the executioun of the former actis of parliament aganis sic as sall be criminallie persewit, convict and fundin giltie be ane condigne assyse befoir his hienes justice generall or his deputtis foirsaidis incais his majestie lyk rather that they be persewit criminalie befoir the justice nor befoir the secrete counsaill. And forder, his hienes and estaittis foirsaidis annulus and discharges all licences gevin be his majestie for bering and weiring hackbuttis, pistolattis and utheris ingynnis of fyrewark and statutis and ordinis that na licences sall be grantit in tyme cumming to na persones for beiring and weiring of the samyn except that the samyn licences be grantit be his hienes and lordis of secrete counsaill sittand in counsaill; and quhan the samin licences ar sua grantit, ordanis the samyn licences to pay compositioun to his hienes thesaurar and to pas his register and to pas the signet and haill seallis, and decernis and declaris all licences nocht grantit in counsaill and quhilk sall nocht pay compositioun and pas the signet and haill seallis as said is to be null and of nane availl; and nochtwithstanding thairof the saidis persones to be accusit conforme to this present act and actis of parliament maid of befoir.

  1. NAS, PA2/16, f.19v. Mss returns to usual hand. Back
  2. 'V' written in margin beside heading. Back
  3. NAS, PA2/16, f.19v. Back
  4. 'V' written in margin beside heading. Back
  5. NAS, PA2/16, f.19v. Back
  6. 'V' written in margin beside heading. Back
  7. NAS, PA2/16, f.19v-20r. Back
  8. 'V' written in margin beside heading. Back
  9. NAS, PA2/16, f.20r. Back
  10. 'V' written in margin beside heading. Back
Explanatioun of the actis of parliament anent ocker and usurie

Oure soverane lord, with advyse and consent of the estaittis, ratefeis and appreves the actis of parliament maid anent usurie and taking of unlauchfull annualrent or proffeit for silver in all pointes according to the tennour of the samin. And becaus the obscuritie of the act of his majesteis fyftent parliament, intitulat 'It is nocht lesum to tak mair annualrent or proffeit nor ten for the hundreth', anent the maner of tryell and probatioun of the said cryme be aith of pairtie and all uther lauchfull probatioun conjonit thairwith competent of the law, hes bred sic difficultie in persute and decisioun of the saidis cause that justice thairby hes bene greatlie frustrat and the controveneris of the said act altogidder unpunischit, thairfoir his majestie, with advyse and consent foirsaid, statutis and ordinis that in all actionis alreadie intentit, dependand or heireftir to be intentit aganis the contravenaris of the saidis actis, litiscontestatioun being maid thairin be admitting the summondis to probatioun, it sall be lesum to preis the said summondis and controvening of the saidis actis or ony of thame anent the taking of unlauchfull and exhorbitant proffeitt for sowmes of money be wrytt or aith of pairtie, ressavear of the said unlauchfull proffeitt, and be the witnesses insert in the securitie maid for the saidis sowmes, without ressaveing of the aith of the pairtie, gevar of the saidis unlauchfull proffeitt, for eschewing of all occasioun of perjurie quhilk micht be suspectit to procede thairupoun.

  1. NAS, PA2/16, f.19v. Mss returns to usual hand. Back
  2. 'V' written in margin beside heading. Back
  3. NAS, PA2/16, f.19v. Back
  4. 'V' written in margin beside heading. Back
  5. NAS, PA2/16, f.19v. Back
  6. 'V' written in margin beside heading. Back
  7. NAS, PA2/16, f.19v-20r. Back
  8. 'V' written in margin beside heading. Back
  9. NAS, PA2/16, f.20r. Back
  10. 'V' written in margin beside heading. Back
Anent dissolutioun of the coilhewchis of the propirtie and landis quhair demolessit strenthis and castellis wer biggit of auld

Oure soverane lord, understanding that the ground and boundis quhair diverse castellis, strenthis and foirtis pertening to his majesteis maist nobill progenitouris wer of auld situat is now altogidder waist, deforme and unproffitabill to his majestie, the saidis castellis and forthis being sua demoleissit that thair remanis na kynd of bigging thairin ather for strenth or duelling to his majestie, as lykwayes that his hienes coilheuches within the boundis of his annexit propirtie being unhabill tobe wrocht without advancement of great expense ar sa neglectit that his majestie nather ressaves furnitour of coillis to his hienes house thairby nor ony uther proffeitt or commoditie of the samyn; for remede quhairof oure said soverane lord, with advyse and consent of his estaittis of parliament, statutis and ordinis that it sall be lesum to his hienes to sett all and sindrie the saidis landis and boundis with the pertinentis quhairupoun ony of the saidis auld, demoleissit and unhabitabill castellis and forthis war situat, togidder with the medowes and loches belanging thairto and coilheuchis being within the boundis of his annexit propirtie, in fewferme heretablie, sa that it be nocht in diminutioun of his hienes rentall, gressum or utheris dueteis, bot in augmentatioun thairof, and to that effect, with consent foirsaid, makis present dissolutioun thairof. And that the landis, medowes, loches, coilheuches and utheris sett be his majestie be vertew of this act in maner foirsaid sall stand perpetualie and eftir his deceis, the annexationis maid of befoir to returne again to the awin nature sua that his successouris, eftir his deceis, sall have na forder power to annalie nor sett in few ony of the saidis landis, boundis, loches, medowes, coilhewches and utheris foirsaidis nor they had befoir the making of this present dissolutioun. And his hienes and estaittis of parliament declaris that the foirsaid dissolutioun sall nawayes hurte nor prejudge Alexander, lord Levingstoun, his richt quhilkis he hes to the coill of Bonytoun, besyd Lynlythgw, and to his richt quhilk he hes to the castell of Blaknes, with the grenis and pertinentis belaning thairto.

  1. NAS, PA2/16, f.19v. Mss returns to usual hand. Back
  2. 'V' written in margin beside heading. Back
  3. NAS, PA2/16, f.19v. Back
  4. 'V' written in margin beside heading. Back
  5. NAS, PA2/16, f.19v. Back
  6. 'V' written in margin beside heading. Back
  7. NAS, PA2/16, f.19v-20r. Back
  8. 'V' written in margin beside heading. Back
  9. NAS, PA2/16, f.20r. Back
  10. 'V' written in margin beside heading. Back