[1600/11/38]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present, parliament ratefeis, apprevis and confermis the libertie of the trew and haly kirk and religioun presentlie proffest within this realme and establissit be the lawes of the samyn, and all actis, constitutionis and immuniteis maid and grantit to the samyn, alsweill in his hienes minoritie as sen his perfyte age, and ordinis the samin to be put to executioun in all pointis aganis all persones quhatsumevir in all tyme cumming.
[1600/11/39]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present parliament, ratefeis, apprevis and confermis the act maid in the conventioun of the estaittis at Halyrudhous, the [...] day of October 1598, anent non communicantis, quhairof the tennour followes: Forsamekle as be diverse and sindrie lovable actis of parliament maid be his hienes and his umquhile mother of gude memorie sen the reformatioun of the religioun, it is statute and ordinit that all his hienes subjectis suld imbrace the religioun presentlie profest, alsweill be heiring of the word as participatioun of the sacramentis; nochtwithstanding quhairof sindrie persones of the realme abstenis fra the ressaveing of the communioun and Lordis supper, pretending ane excuse of rankour and malice they have in thair myndis aganis sum of thair nichtbouris, bering thame at deadlie fead, allegeing sua lang as the samyn rancour remanis with thame and thai nawayes reconceillit with thair saidis nichbouris they can nocht worthelie ressave the saidis sacramentis nor can nocht justlie be burdenit be the ministrie to do the samyn, quhilk pretendit excuse is nathing bot ane collour and clok to cover thair papistrie, quhilk is the onlie cause of thair abstening to communicat. And insafar as be the actis of the generall assemblie it is fundin that deadlie fead can be na lauchfull cause quhy ony persone suld debar him self frome the seallis and sacramentis of his communioun with Christ, thairfoir his hienes, with advyse of the estaittis presentlie convenit, hes statute and ordanit that all his hienes subjectis sall communicat anis everie yeir and sall nawayes pretend ony excuse of deadlie fead, rancour or malice to appeir towardis thair nichbouris; and quhan evir it salhappin ony to abstene or to debar himself fra the participatioun of the said sacrament upoun the pretence of the said excuse or ony uther cause quhatsumevir, they being first lauchfullie requirit be thair pastour or presbitreis to do the samin, that than they sall be astrictit and obleist to pay the particular penalteis underwrittin injonit to thame and that to his hienes thesaurar; that is to say: everie erle sa oft as he sall controvene the premise, ane thowsand pundis; everie lord, ane thowsand merkis; everie baroun, fyve hundreth pundis; everie frie halder, thrie hundreth merkis; everie yeamen, fourtie pundis; and everie burges according to the modificatioun of the kings majestie and lordis of secrete counsaill; quhilkis panes the saidis estaittis hes ordanit oure soverane lordis thesaurar to exact with all extremitie aganis the controvenaris heirof and to intromett thairwith to his hienes use.
[1600/11/40]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of this present parliament, ratefeis, apprevis and confermis the act maid in the secrete counsaill at Sanct Johnestoun, the first of Aprile 1600 yeiris, anent the Jesuitis, seminarie preistis, excommunicat and tryit traffiquing papistis, quhairof the tennour followis: Forsamekle as be diverse actis and proclamatiounes maid and publissit heirtofoir all Jesuitis, seminarie preistis, excommunicat and tryit traffiquing papistis, commoun enemeis to all Christiane governament, ar specialie commandit to depairt and pas furth of this realme under certane panis mentionat in the samyn actis, the nocht executioun quhairof hes producit sic ane contempt and misregaird of the saidis actis that the ressait and traffiquing of the saidis Jesuittis and seminarie preistis is verie frequent in sindrie pairtis of this realme, quhairthrow great numberis of ignorant and simple people ar seducit be thame to declyne frome the trew and Cristiane religioun to the offence and displesure of God; for remede quhairof, it is statute and ordinit be his majestie and lordis of his secrete counsaill that quhatsumevir Jesuitis, seminarie preistis, excommunicat and tryit traffiquing papistis presentlie being within this realme, or that salhappin to be within the samin, sall immediatlie eftir thair delatioun to his majestie be takin and apprehendit be the ordinar magistratis of the boundis quhair they resorte and committit to waird ay and quhill they be convertit to the religioun, removit and put of the cuntrey or ellis punischit according to the tennour of the saidis actis, sua that alwayes the benefite of the act of parliament granting to uther papistis the space of fourtie dayes to satisfie the kirk or remove of the cuntrey sall be nawayes extendit to thame. And becaus the ressait quhilk they have fundin in diverse pairtis of the cuntrey hes gevin thame the boldnes sa awowitlie to conteme his majestie and his lawes, that thairfoir sic persones as sall be gevin up be the presbiteris or sessioun of the kirk to be the ressaiteris and huirderis of thame sall be chargeit under sic pecuniall panis as sall be modefeit be his majestie and lordis of secrete counsaill nocht to ressait thame heireftir, with this additioun: that his majestie and estaittis of parliament declaris that everie erle that salhappin to ressait ony sall pay ane thowsand pundis; everie lord, ane thowsand merkis; everie baroun, fyve hundreth pundis; everie friehalder, thrie hundreth merkis; everie yeman, fourtie pundis; and everie burges according to the modificatioun of the kingis majestie and lordis of secrete counsaill, the pane alwayes nocht excedand the sowme of ane hundreth pundis; quhilkis panis the saidis estaittis hes ordanit oure soverane lordis thesaurar to exact withall extremitie aganis the contravenaris heirof and to intromett thairwith to his hienes use.
[1600/11/41]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present, parliament ratefeis and confermis the act maid be his hienes and estaittis convenit at Perthe, the first day of Aprile last bipast, aganis strang and idill beggaris, quhairof the tennour followis: The kingis majestie and lordis of secrete counsaill, remembering how thair hes bene diverse gude and lovabill actis of parliament and secrete counsaill maid and publischit heirtofoir for punischment of strang and idill beggaris and releif of the pure and impotent, and how that the saidis actis hes ressavit litill or na effect or executioun be ressone of the oversicht and negligence of the persones quha wer nominat justices and commissionaris for putting of the saidis actis to full and dew executioun, and that thair wes nocht ane speciall penaltie appointit and injoynit to thame quha suld be remiss or negligent thairin, sua that the saidis strang and idill beggaris being for the maist pairt theiffis, bairdis and counterfitt lymmeris levand maist insolentlie and ungodlie, without mariage or baptisme of ane great number of thair bairnis, ar sufferrit to vaig and wander throwchout the haill cuntrey and the pure and impotent persones ar neglegit and na cair had nor provisioun maid for thair intertenement and sustentatioun; for remede quhairof and supplie of the saidis actis, and namelie of the act of parliament maid in the yeir of God 1597 quhairby the executioun of the saidis actis of parliament is committit to the particular sessionis of the kirk, it is statute and ordinit be the kingis majestie, with advyse of the estaittis of his secrete counsaill, that the saidis sessionis of the kirk quhair neid is sall be assistit be ane or tua of the presbiteries and that they sall put the saidis actis to full and dew executioun conforme to the tennour thairof in all pointis, everie ane of thame within thair awin boundis under the pane of tuentie pundis to be exactit of thame sua oft as they sall be fund to be remiss or negligent heirin, and that thir presentis sall begin to that effect and have executioun upoun the first day of Junii nixttocum. And to the effect his majestie may be the better assurit of the cair and diligence of the saidis sessionis of the kirk in dew executioun of the saidis actis of parliament, his majestie commandis the haill presbitreis in the haill land to tak diligent tryell of the obedience of the saidis sessionis heiranent and to reporte thair certificat and testimoniall thairupoun to his majesteis ministeris betuix and the first day of August nixttocum, quhairthrow his majestie may thaireftir procede aganis sic as sall be negligent as accordis; and that lettres of publicatioun be direct heirupoun as efferis, quhairthrow the said sessioun of the kirk na uther pretend ignorance, and to command and charge the saidis sessionis of the kirk to put the saidis actis of parliament maid aganis strang and idill beggaris, quhairof the executioun is committit to thame be the said act of parliament maid in the foirsaid yeir of God 1597, to dew and full executioun in all pointis, conforme to the tennour thairof, betuix and the first day of Junii nixttocum under the said pane of tuentie pundis to be exactit of thame sa oft as they sall be fundin to be remiss eftir the said day; certefeing thame that failyeis that the said pane sall be upliftit of thame with all rigour, and siclyk to command and charge the saidis presbitereis to tak tryell of the saidis sessionis heiranent and to report thair testimoniall thairupoun betuix and the first day of August as said is as they will answer to his majestie upoun thair obedience at thair uttermost charge and power.
[1600/11/42]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse of the estaittis of this present, parliament decernis all mariages to be contractit heireftir be ony persones divorceit for thair awin cryme and fact of adulterie frome thair lauchfull spouses with the persones with quhome they ar declarit be sentence of the ordinar judge to have committit the said cryme and fact of adulterie, to be in all tyme cumming null and unlauchfull in tham selfis and the succession to be gottin be sic unlauchfull conjunctionis to be unhabill to succede as airis to thair saidis parentis.
[1600/11/43]*[print] [email] [cite] [preceding] [following]
That all and quhatsumevir schireffclerkis in all tymes heireftir sall present thair registeris to the clerk of register to be markit be him and his deputtis, and quhatsumevir registratioun to be subscryvit be thame upoun quhatsumevir lettres, togidder with quhatsumevir extractis sall be gevin furth thairof to ony persone, sall contene in all tyme cumming the leaf quhairin the samin is registrat. And this ordour to begin fra the first day of Marche nixt, within the quhilk thai and everie ane of thane sall present thair saidis registeris to be sa markit and that nane of thame subscryve thair registratioun upoun ony letter or give furth ony extract subscryvit be thair hand eftir the foirsaid day unspecefeing the leaf quhairin the same is contenit within thair buik markit as said is, under the pane of ane hundreth merkis money toties quoties, but prejudice alwayes of the horningis, quhilkis the saidis clerkis omissioun or neglect in this behalf sall nawayes mak invalide.
[1600/11/44]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and haill estaittis of parliament presentlie convenit, for removeing of the present feadis that aboundis within this realme, findis it meitt and expedient that the parteis be chargeit to compeir befoir his hienes and secrete counsaill at sic dayes as sall be thocht expedient, to submitt to tua or thrie freindis on ather syd or to subscryve ane submissioun formit and send be his majestie to thame to be subscryvit; quhilkis freindis, be thair acceptatioun, sall be bundin ather to decerne within the space of thrittie dayes eftir they have acceptit or ellis to aggrie at thair first meting on ane overisman quha sall decerne within that space, quhilk gif they can nocht do, they sall within the foirsaid threttie dayes reporte the ground and cause of thair dissagreance to his majestie and sic speciallis of his counsaill as his hienes sall find leist parciall and suspect, quhais majestie, be the advyse of the estaitis heir present, is declarit to be overisman in that mater. And failyeing that the freindis arbitratouris ather decerne or reporte nocht within the foirsaid space eftir thair acceptatioun, everie ane of thame be the authoritie of this present act to incur the pane of ane thowsand pundis to be imployit to his majesteis use. And becaus all feidis ar ane of thir thrie naturis, namelie, that thair is ather na slauchter upoun nather syd, or slauchter upoun ane syd onlie, or ellis slauchter upoun baith sydis, the pairteis in the first may be commandit to aggrie dew satisfactioun being offerit and performit at the sicht of the freyndis and overisman in maner foirsaid. Quhair thair is slauchter upoun baith sydis his majestie may be rigour and qualitie of justice compell thame to aggrie dew satisfactioun to be maid on ather syd according to the qualitie of the offence and persones offendit. Quhair the slauchter is onlie on the ane syd, the pairtie grevit can nocht refuise in ressone to submitt in maner foirsaid all querrell he can beir to ony persone innocent, justice being maid patent to him aganis the giltie, specialie he being ordanit be this present act to persew nane uther bot the giltie and that be law, and the pairtie sa persewit nocht to beir querrell for it bot to defend in lauchfull maner. And that all querrell sall ceis aganis sic as sall be lauchfullie persewit in this forme ather be thair convictioun and executioun be law or utherwayes be thair clengeing and aggrement that all persones, being of perfyte age and within the cuntrie haveing interes to persew ony pairtie for crymes capitall, sall within fourtie dayes eftir the publicatioun of this present act, at the heid burgh of the schire quhair the persewar duellis, raise and cause execute thair lettres in the said mater and insist in the persute thairof; with certificatioun to sic as failyeis that thair actioun sall perische, expyre and be extinct and the said persewar sall be compellit to submitt his actioun in maner abonespecefeit, reserveand alwayes to his majestie his actioun as accordis of the law, provyding that gif the said persewar satisfie the ordinance of this present act, and be delayit ather be ane continewatioun of the dyat, be warrand of the prince or be the dilatour defense proponit be the pannell for eluding of the finall tryell of the persute, in that caise the prescriptioun nawayes to ryn aganis the persewar, haveing done his possibill diligence in maner foirsaid. And becaus the giltines of crymes consistis nocht onlie in the persoun of the actuall committaris thairof bot also in the authouris, causeris and moveris of the samyn to be committit, quha ar airt, pairt and giltie of the said act, quhairof na publict knawlege nor certane tryell is had, his majestie and estaittis, nawayes willing that nather the authouris or actouris of sic heynous crymes escaip the dew punischment throw obscuritie and lak of public knawlege thairof, declaris that the pairteis offendit doand thair diligence as said is aganis the actuall and knawin committaris of the saidis crymes and satisfeand this act anent thair reconciliatioun with all utheris persones sall nawayes be prejudgeit of thair actioun competent aganis sic persones of quhais giltines they sall heireftir gett knawlege, provyding that they sall beir na feid aganis the saidis suspect persones quhill fyrst eftir sufficient informatioun obtenit they raise thair lettres for summonding of the saidis pairteis to underlie the law and ather mak thame fugitive or utherwayes obtene the persute decydit. And forder that the prescriptioun of this present act sall nawayes militat aganis ony pairtie quhais actionis ar alreadie submittit to ane langer day nor is prescryuit in this act, provyding that the pairtie do his diligence in maner abonewrittin within fourtie dayes eftir the expyring of the said submissioun. And to the intent that justice be na occasioun to breid forder trubill, everie† pairtie sall cum to the towne accumpanyit alanerlie with tuentie four persones, quhair baith they and thair cumpany sall keip thair ludgeing to the hour of cause, at the quhilk first the ane and syne the uther sall be brocht out be the towne in armes accumpanyit fra thair ludgeing to the bar, with the number prescryvit to thair art be act of parliament, the controvenar quhairof, gif he be persewar, sall tyne his persute in tyme cumming, and gif he be defender he sall be denuncit rebell as presumit giltie and refuisand lauchfull tryell. And for staying of all deadlie feidis in tyme cumming quhair thair is na caus nor querrell gevin as yit it sall nocht be lauchfull to the persewar to invaid, persew, beir feid or querrell aganis ony freind of the offender, innocent and nocht accusit and convict of the cryme, under the paine of tynfall of his actioun and persute aganis the giltie and be compellit to submitt with the offenderis self, reserveand alwayes to his majestie his actioun aganis him for the cryme; lyk as the freindis of the giltie persone being convict and fugitive fra the law sall nocht beir querrell for his persute be law, nather mantene, supplie nor ressaitt him under the panis contenit in the act aganis ressaitteris of fugitives and rebellis. And in cais ony of the freindis of the giltie persone ressait him in contempt of this present act and utheris his hienes lawes, the pairtie grevit, assistit with his hienes advocat, sall onlie persew the ressaitter be ordour of law without convocatioun, feid, grudge or querrell to be borne aganis him thairfoir, utherwayes under the pane of tynfaill of his said laufull actioun in all tyme cumming. And to this ordour befoir specefeit the haill nobilitie and estaittis present have gevin thair approbatioun and consent and sworne to conforme thame thairto in all feidis quhilkis sall fall out in tyme to cum. And this present act nawayes to militat in sic caise quhair the pairtie offender is denuncit rebell or salhappin heireftir to be fugitive and put to the horne for slauchter or uther capitall crymes during the tyme of thair rebellioun, and to the intent thir present articlis may have the better effect and be the mair willinglie imbraceit be his majesties haill subjectis, his hienes, of his propir motive and gracious inclinatioun to justice, quietnes and weill of his people, solempnitlie declarit and faythfullie promittit in presens of the saidis estaittis that for slauchter and uther odious crymes to be heireftir committit his hienes sall grant na respett, remissioun, pardoun or oversicht at ony tymes heireftir albeit the pairteis transact and aggrie amangis thame selffis, till the inveterat and dampnabill customes of the saidis heynous crymes be routit out and altogidder supprest; quhilkis articlis abonewrittin in the haill heidis and pointis of the samin oure soverane lord and estaittis foirsaidis presentlie convenit ratefeis, apprevis and confermis and ordinis the sam to have the strenth, force and effect of ane law in all tyme cumming, and that lettres of publicatioun and executorialis pas heirupoun for the better observatioun heirof in this present parliament.
[1600/11/45]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratefeis, appreves and confermes the act of counsaill maid at Halyrudhous, the tuentie sext day of Februar 1597, in the haill pointis and articlis of the samyn and ordinis the samyn to have the force, strenth and effect of ane act of parliament, and ordinis his hienes thesaurar to be cairfull and diligent in uplifting and intrometting with the penalteis quhilkis salhappin to be incurrit be ony persone in nocht observeing of the said act, and the samin penalteis to be applyit haillelie to the furnessing of armour and of all uther wairlyk provisioun for his majesties houses, off the quhilk act the tennour followes: At Halyruidhous, the tuentie sext day of Februar the yeir of God jM vC fourscoir sevintene yeiris. Forsamekill as it is maist requisit that in tyme of peax provisioun be maid and cair takin for the wair, quhan at Godis plesure the samyn salhappin to fall out, and his majestie and the lordis of his secrete counsaill, considering that thair is diverse gude and lovible lawes and actis of parliament maid and sett out be his hienes maist nobill progenitouris and specialie be King James the fyft, his hienes gud father of worthie memorie, anent harnes, wappynnis and armour, that everie man be armit according to his rent and of generall mustoures and wappinschawingis and toward the premunitioun thairof, and sindrie utheris ordouris tending to the preparatioun for wair and defence of the realme, quhilkis of a lang tyme bigane hes nocht bene dewlie observit and put to executioun, to the great hurte and prejudice of the commoun weill; thairfoir his majestie, with advyse of the lordis of his secrete counsaill, hes thocht meitt, concludit and resolvit that everie erle, lord, baroun and utheris his hienes liegis of the rank, degrie and substance heireftir specefeit sall be furneschit and armit as is heireftir prescryuit within the space of ten monethis nixt eftir the publicatioun heirof at the mercat croces of the heid burrowes of this realme; that is to say, that everie erle be armit and furnessit with corslatt of pruif, heidpece, wambrais, teslettis and ane Spanische pyk and that he be furnessit with tuentie stand of armour in maner foirsaid for his awin houshald; that everie ane of the saidis lordis be alsua armit in the samin forme and maner, and furnessit with ten stand of the samyn armour for his awin houshald; that everie baroun be lykwayes armit as said is and furnessit with ane complete stand of the samyn armour for everie fyftene chalderis of victuall that he may spend; that everie baroun and gentilman quhais leving dependis nocht upoun victuall sall be provydit and furnessit with ane complete stand of the foirsaid armour for everie thowsand merkis of his yeirlie rent; that everie gentilman valiant in yeirlie rent thrie hundreth merkis, outher in victuall or silver, be furnessit with ane licht corslett and pyk or ellis ane muskat with forcat, bendroll and heidpece, and this to be extendit alsweill to thame duelland to burgh as to landward; that the provest, bailleis and counsaill duelland within everie burgh tak ordour everie ane of thame within thair awin boundis and jurisdictioun, that everie of thair nichbouris, burgesses and induellaris within thair towne worth fyve hundreth pundis of frie geir be furnessit with ane complete licht corslett, ane pik, ane halbert or tua handit sword or ellis ane muskat with forcat, bendroll and heidpece, and that for everie licht corslett and pick within thair burgh thair be tua muskattis, and that everie schiref and sic utheris as sall be appointit commissionaris to this effect tak the lyk ordour with all and quhatsumevir persones duelland to landwart within thair boundis and jurisdictioun being of the lyk rank, estait and substance. Attoure his majestie, with advyse of the saidis lordis, for the mair spedie effectuating of this ordour, hes alsua thocht meitt to appoint ane generall mustouris and wappinschawing to be maid be all his hienes lieges universallie throw all the partis of this realme upoun the first day of Maii the yeir of God J vC fourscoir nyntene yeiris, to be ressavit be the schireffis, stewartis, bailleis of regaliteis and ryalteis, assistit with sic commissionaris in everie schyre as sall pleis his majestie be his missive letter to appoint, and be the provestis and bailleis within burgh; and to the effect nane sall pretend ignorance heirof, ordinis lettres to be direct to officiaris of armes, schireffis in that pairt, chargeing thame to pas and mak publicatioun and intimatioun of the premiss to all and sindrie his hienes liegis be oppin proclamatioun at the mercat croces of the heid burrowes of this realme and all utheris places neidfull, and als to command and charge all the saidis erlis, lordis, barones, gentilmen and utheris particularlie abone specefeit to prepair and furneis thame selffis and thair houshalderis with the severall armour befoir expressit within the said space of ten monethis nixt eftir the publicatioun heirof at the mercatt croces of the heid burrowes of the schirefdomes quhair they duell under the panis following; that is to say: everie erle under the pane of tua thowsand merkis; everie lord, ane thowsand merkis; everie baroun, for everie fyftene chalder of victuall that he may spend, ane hundreth merkis; and everie uther persone of the rank and substance abonewrittin, fourtie pundis. And siclyk to command and charge the foirsaidis persones and all utheris his hienes liegis duelland alsweill to burgh as to landward, regalitie as ryaltie, to prepair and adress thame selffis weill and substantiouslie provydit, furnessit and armit, ilkane of thame particularlie as is abone prescryuit, to gif and mak thair mustouris and wappinschawingis upoun the said first day of Maii in the yeir of God foirsaid in presens of the saidis schireffis, stewartis, bailleis of regaliteis and ryalteis and sic utheris as sall be appointit his hienes commissionaris within everie schirefdome for ressait of the sam mustoures; certefeing thame that failyeis in ony point of the premise or sall be fundin absent fra the samin mustouris or yit that beis present, sall nocht be armit according to the tennour of thir presentis in everie point, they being of the rank or substance abonespecefeit, that nocht onlie sall the panis abone mentionat be uptakin of thame bot that they sall be nochtit, repute and estimit as nocht comperand to the saidis mustouris and wappinschawingis and the panis prescryuit be the saidis actis of parliament maid thairanent sall be execute aganis thame with all rigour and extremitie in exampill of utheris.
[1600/11/46]*[print] [email] [cite] [preceding] [following]
Forsamekill as in tyme bigane the onlie meane for quieting of the bordouris wes entrie of pledges and the keiping of thame in suirtie, that incais ony enormitie or wrang wer committit be ony of the gang or surname for the quhilk they wer enterit pledges than justice suld be execute aganis the saidis pledges with all rigour; and becaus heirtofoir ane great number of the nobilitie and barones, being burdenit for keiping in suretie sum of the saidis pledges, hes maid thair excuse of the danger and inconvenient that micht occur to thame incaise of the escaipp of ony of the saidis pledges delyverit to thame in keiping, quhilk being easie to be preventit be the mair imprisonment of thame, oure soverane lord and estaittis of parliament findis that nane of the nobilitie and barones being burdenit to ressave ony of the saidis pledges sall refuse to accept thame upoun excuse of ony inconvenient quhatsumevir that may ensew bot sall ressave thame and keip and detene thame ay and quhill the saidis pledges be suittit to be redelyverit be thame and sall be answerabill for thame that they sall nawayes escaip, ilk pledge under the pane of twa thowsand pundis.
[1600/11/47]*[print] [email] [cite] [preceding] [following]
Forsamekle as be commoun consuetude of all cuntreyis speciall prohibitioun is maid to all sortis of persones to slay wyld foull, hair or venessoun, except sic as be thair revenewis may beir the charges and burding of the halkis, houndis and doggis requisit in sic pastymes, inrespect the samin alsweill hes bene creatit for the recreatioun of mankynd as for thair sustentatioun; lyk as it is of trewith that be diverse and sindrie actis of parliament, utheris statutis and proclamationis maid heirtofoir all slaying of the said wyld foull and beistis be ony indirect meanis sic as hagbutt, girn, nett and fouller dogg is specialie forbiddn and diverse penalteis contenit in the samyn act, yit nevirtheles sic hes bene the slaknes of the executioun of the same that diverse and sindrie persones, haveing greater regaird of thair gane and commoditie quhilk they purcheis be the selling of the said wyld foulle to sic persones quha preferris thair awin inordinat appetite and gluttonie ather to the obedience of the saidis lawes or to the recreatioun that may be had be the direct slaying of the samin, hes usit all the saidis indirect meanis in slaying of the saidis wyld foulle and bestiall quhairby this cuntrey, being sa plentifullie furnessit of befoir, is becum altogidder scairth of sic wairis. For remede quhairof, and that the continewing of the said abuse may nocht procure worse inconvenientis seing in tyme of peax in all tyme bigane the saidis pastymes of hunting and halking wer the onlie meanis and instrumentis to keip the haill lieges bodyes fra nocht becumming altogidder effeminat, oure soverane lord and estaittis of parliament, finding that the dischargeing of the selling of the said wyld foull and vennysoun sall procure ane remede of the said abuse, haif thairfoir dischargeit, lyk as be thir presentis they discharge, ony persone quhatsumevir within this realme in onywayes to sell or by ony fastan, reid or fallow deir, dais, rais, hairis, partrikis, murefoullis, blak cokkis, aith hennis, termigenis, wyld duikis, teillis, atteillis, goldynkis, mortynis, schiwerinis, skeldraikis, herroun butter or ony sic kynd of foullis commounlie useit to be chaisit with halkis under the pane of ane hundreth pundis to be incurrit alsweill be the byar as seller; and incais of the inhabilitie of ony of the saidis persones to pay the said sowme, that the apprehender of thame sall cause thame to be skourgeit throw the burgh or towne quhair they sall be apprehendit, and als discharges ony of the saidis liegis in onywayes to slay ony of the saidis wyld foulle or beastis abonespecefeit be girn, nett or hagbute under the pane abonespecefeit to be incurrit be thame. For executioun quhairof, oure soverane lord hes gevin and grantit power and commissioun to all schireffis, stewartis, bailleis, alsweill of regaliteis as ryalteis, provestis and bailleis of burrowes and everie baroun within his awin baronie speciall justices to that effect, gevand thame full, frie and plane power to uplift or execute the panis abone specefeit aganis the transgressouris of thir presentis, the ane half of the saidis pecuniall panis to be intromettit with be thame to appertene to oure soverane lord and to be payit to his hienes thesaurar and the uther half to the delator and apprehender. And becaus ane of the greatest occasiones of the scarstie of the saidis partrikis and murefoull is be ressone of the great slauchter of thair puttis and youngeanis, quhan as for youth nather ar they abill to gif pastyme and for quantitie can nawayes be ane great refreschement, thairfoir oure soverane lord hes dischargeit all his hienes subjectis quhatsumevir in onywayes to slay or eat ony of the saidis mureputtis or ony of uther kyndis befoir the thrid day of Julii, or ony partrik pute befoir the aucht day of September. Alwayes oure soverane lord and estaittis foirsaidis declaris that this act sall nawayes comprehend cunning, wod cokkis, plevaris nor wyld gusse bot the samin to be slayne with nettis and utheris ingynes nocht forbiddin be the lawes of this realme and to be cost and sauld as lauchfull merchandice as of befoir.
[1600/11/48]*[print] [email] [cite] [preceding] [following]
Forsamekle as ane of the greatest caussis that hes moveit thyift and ressait of thyift to incresce within this realme, and specialie within the bordouris and merches of the samyn, hes bene the impunitie of the comittaris thairof be ressone it hes bene ressavit in consuetude this lang tyme bigane that the making of redress of the gudis and geir tane to the pairtie greveit be the committaris of the theift and ressaittaris of the samyn hes bene ane sufficient exoneratioun to thame fra ony punischement, quhilk justlie they deserveit in thair persones for being giltie and culpabill of the saidis crymes, albeit gif sic offence had bene punischeit with severitie in the persones committaris of the samyn they be thair exampill wald have moveit and terrefeit utheris be thair misbehaviour to incur the lyk danger; and quhair as be the ancient lawes of the bordour thair useit na redress at all to be maid except be the opposite wardanes of this realme and Ingland of gudis tane be the subjectis of ane natioun fra the uther and nawayes within this realme be ane subject to ane uther, bot the committaris of sic crymes war punist to the death; and oure soverane lord, finding that the dissuetude of that lovabill law and custome in the rigorous executioun of the persones of the saidis theiffes hes causit the greater misregaird and contempt of his hienes authoritie and less accompt be thame to offend, hes thairfoir statute and ordinit that in all tyme heireftir within the boundis of the saidis merches or ony of thame, conforme to the first lawes and customes of the saidis bordouris, nane of the wardanis of the samin nor na uther officiar sall nawayes tak the redress of the gudis and geir to be reft and stollin fra the doaris and committaris of the samin for the satisfactioun of the pairtie reft and spulyeit, bot sall cause execute with all rigour the lawes and actis of parliament maid aganis theiffis and thair ressaittaris and cause thame be punist to the death conforme to thair deserveing, as they will answer to his majestie upoun the discharge of thair office. And siclyk it is statute and ordinit that gif persone quhatsumevir giltie or culpabill of thift or ressaitt of the samyn salhappin to be fugitive for the said cryme and will on nawayes enter to the lieutennent wardane or uther officiar to be appointit in the said bordour for pacifeing of the samyn and administratioun of justice thairintill, the said lieutennent wardane or uther officiar sall cause burne his house, putt his wyf and his bairnis furth of the samyn and mak intimatioun of thair dissobedience at the mercat croces of the schires, to the effect that the knawlege of the samin may cum to the haill inhabitantis within the said schirefdome; and oure soverane lord and estaittis declaris that quhatsumevir persone sall ressaitt, supplie or interteny the saidis fugitive persones, thair wyffis, bairnis or geir eftir the said intimatioun sall be culpabill and giltie of his bigane offences and sall remane answerable to his hienes and his officiaris for ony offence to be committit be the said persone fugitive thaireftir; and thir presentis to be extendit alsweill to heland as bordour.
[1600/11/49]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, for eschewing of falsattis and securitie of all the lieges, statutis and ordinis that in tyme cummyng all instrumentis of seasing, reversionis, regress, band or promesis for geving of reversionis or regress, discharges of reversionis, assignationis to reversionis, intimationis of the samyn, renunciationis of wodsettis and grantis of redemptioun quhilkis sall nocht be registrat in the buikis of counsaill and sessioun within fourtie dayes nixt eftir the making and perfyting of the samyn (excepting alwayes seasingis of burrowlandis hald in frie burgage, gevin upoun resignatioun maid in the bailleis handis conforme to the act of parliament) be insert and registrat in the registeris presentlie appointit to that effect within the foirsaid space of fourtie dayes eftir they be perfytit, utherwayes to be null and to mak na fayth in judgement nor outwith and the said nullitie to be ressavit be way of exceptioun, and the saidis registeris for the greater ease of the lieges to be establissit in the particular places following: that is to say, ane in the towne 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 schirefdome of Invernes and Cromartie, ane in the burgh of Elgin for the schirefdomes of Elgin, Forres and Narne, ane in the burgh of Aberdene for the schirefdomes of Aberdene, Banf, Kincardin, ane in the burgh of Dundie for the schirefdome of Forfar, ane in the burgh of Perth for the schirefdome of Perth and stewartrie of Stratherne (exceptand the stewartrie of Menteith), ane in the burgh of Striviling for the schirefdome of Striviling, Clakmannan and stewartrie of Menteith, ane in the burgh of Couper in Fyfe for the schirefdomes of Fyff and Kinroschire, ane in the burgh of Edinburgh for the schirefdome of Edinburgh principall and constabularie of Hadingtoun, ane in the burgh of Lynlythqw for the schirefdomes of Lynlythqw and Baithcatt, ane in the burgh of Lauder for the schirefdomes of Beruik, Roxburgh, Selkirk and Peblis and baillerie of Lauderdaill, ane in the towne of Hammyltoun for the shirefdome of Lanerk (exceptand the burgh and baronie of Glasgow) and ane in the citie of Glasgow for the baronie of Glasgow and schirefdome of Renfrew, ane in the burgh of Dunbartane for the schirefdomes of Dunbartane, Bute, Argyle, Arrane and Tarbatt, ane in the burgh of Air for the schirefdome of Air and bailleries of Kyle, Carrik and Cunynghame, ane in the burgh of Wigtoun for the schirefdome of Wigtoun, ane in the burgh of Drumfreis for the schirefdome of Drumfreis and stewartreis of Kirkcudbricht and Annandaill, or ony uther place or places mair convenient as the keipar of the saidis registeris sall think maist expedient, dew intimatioun being maid to the lieges of the samin; and the saidis evidentis to be registrat in the particular buikis appointit for ilk schirefdome as said is and, to the effect the said office may presentlie and in all tyme cumming be the mair faythfullie administrat, statutis and ordinis the samyn to be annext and incorporat with the office of secretarie and the foirsaidis registeris to be callit the registeris of the secretarie in all tyme cumming, and that the secretar present and to cum have the said office as ane propir pairt and pertinent of the said secretarie, mak and constitute particular deputtis, ane or ma, for all the dayes of thair lyfetyme or utherwayes as he sall think expedient, in everie ane of the places foirsaidis of gude fame, literature and conversatioun, for quhome he sall be answerable and quha sall be resident within the said towne and burgh, reddie at all tymes to ressave fra the pairteis thair evidentis and to registrat the samin within the space of tuentie four houris nixt eftir the ressaitt thairof, and delyver to the persentar of the samin thair evidentis markit be him, with the day, moneth and yeir of the registratioun and in quhat leaf of the buik the samin is registrat, and sall tak alanerlie for his panis the sowme of threttene schilling four penneis as for the price of ilk leaf of his register, writtin on baith the sydis, and according thairto sall tak proportionalie for registring of everie ane of the saidis evidentis; and the saidis registeris to be fillit be the saidis deputtis to be markit be the secretar or his deputtis to be appointit be him for that effect with ane nochte of the particular number of the leives that the samin sall contene; and the saidis registeris eftir the filling of the samin to be reportit to the said secretar to remane with him, and be patent to all oure soverane lordis lieges that sall have ado with the samin, the extract of the quhilk register sall have als great faith and strenth as gif the originall wer schawin, except the pairteis haveing interes to oppone aganis the saidis wryttis offer to impreve the samin be way of actioun or exceptioun, in the quhilk caise the pairtie purchesser of the saidis evidentis and utheris haveing interess to defend the samin sall be haldin to produce the principall and originall, nochtwithstanding thai be registrat as said is, and that nane of the saidis evidentis to be of force, strenth or effect to ony intentioun bot to be null and of nane availl except the samin be registrat as said is. It is alwayes provydit be the tennour of this present act, for remeid of the negligence of pairteis, that gif the principall wryttis markit and registrat as is abonewrittin be nocht liftit be the producearis within the space of thrie monethis eftir thai be markit and registrat as said is, that the saidis clerkis sall be na mair comptabill for thame nor the wryttis producit repute as registrat, except it may be sufficientlie verefeit be authentick instrumentis the non redelyverie of thame to have bene in the clerkis default, and that lettres of publicatioun be direct heirupoun in forme as efferis.
[1600/11/50]*[print] [email] [cite] [preceding] [following]
Forsamekle as it is understand to the kingis majestie and estaittis of this present parliament that be diverse actis of parliament, lawes and constitutionis heirtofoir observit all maner of Englis gudis brocht within this realme ar and hes bene evir subject and in use of payment to his hienes of ane certane custome and duetie propirlie appertening to his majestie as ane pairt of the patrimonie of his crowne, lyk as alsua uther sortis of claith, silkis stuffis and merchandice brocht within this realme fra forene nationes ar be ane act of his majesties nobilitie, counsaill and estaittis, of the date the thrittene day of Maii the yeir of God jM vC fourscoir sevintene yeiris, ratefeit and apprevit in the parliament haldin at Edinburgh in the moneth of December that same yeir, subject in the payment of ane certane custume to his hienes, and the mercheandis inbringeris of the saidis guidis aucht nocht to loss, brek bowke nor dispone thairupoun quhill the samin be first enterit, syne markit and dewlie custumat be the custumaris appointit thairto. Nochtwithstanding, the custume of the saidis gudis ar verie far oversene, to the great hurte and discommoditie of his majestie, inrespect thair is na seall appointit to be hungin to the saidis gudis according to the use and consuetude observit in utheris nationes, quhairby the gudis custumat culd nawayes be knawin be the uncustumat gudis, and sua be thair confusioun the mercheandis awneris and inbringeris of the saidis gudis immediatly eftir the arryveing and cumming of the saidis gudis within this realme lose, brekis bowke, sellis and conceillis the samyn and nevir offeris nor presentis na pairt thairof to be custumat conforme to the ordour, to the great prejudice of his hienes. Quhilk being now considerit be his hienes, his said nobilitie, counsaill and estaittis, and they finding that be the want of the seall his majestie is and hes bene greatlie defraudit of his custumes, ordanis thairfoir the haill custumaris within this realme to caus mak and prent ane seall and stamp of seill contening tua halffis for everie burgh and sea porte within this realme quhair they ar establissit custumaris, the ane half thairof contening 'Jacobus Rex', with his hienes armes and crowne, and the uther half the name of the burgh quhair the samin sall remane; quhilk seall and stamp sall be applyit to leid, being sua strukin and prentit with the said stamp, sall be hungin to everie wob, pece and stik of claith, silk and stuf of quhatsumevir natioun that heireftir sall be brocht within this realme be sea or land befoir the samyn be presentit to oppin mercat, sauld or onywayes disponit upoun; and the ane half of the said seall to be keipit be the custumar and the uther half be the clerk of the coquett, the awneris of the said claith, silkis and stuffis, payand the custume thairof. And to the effect the claith, silkis and stuffis presentlie within this realme may be knawin and decernit fra that quhilk heireftir sall be brocht within the samin, it is alsua decernit and ordanit that the custumar of everie burgh and sea porte sall repair to the duelling house and buithis within everie ane of the samin burghes and portis quhair they ar particularlie appointit custumaris and thair ressave the aithis of the awneris of sic peces, stikkis and wobbis of claith, silkis and stuffis as ar thairin, quhidder the samin hes payit the custume thairof or nocht; and sic as hes nocht payit custume that the samyn be than instantlie payit and the said seall, in takin thairof, hungin thairto and to all the utheris peceis, steikis and wobbis quhilkis sall be apprehendit within the saidis buithis and houses quhairof the custume hes bene payit of befoir, upoun the expense alwayes of the said custumar; and that the awneris of the said claith and stuffis require the custumaris within everie burgh and parte particularlie to repair to thair saidis buithis and houses to this effect within fourtene dayes eftir the publicatioun heirof, and forder to do and performe all utheris thingis quhilkis to everie ane of thame is appointit to be done in maner foirsaid, under the pane of confiscatioun of all the peces, wobbis and steikis of claith and stuf that sall be apprehendit thaireftir wantand the said seall, and that na maner of persones inbringeris of the saidis claith, silk and stuf within this realme in tyme cumming presume nor tak upoun to sell nor dispone upoun the samyn nor na pairt thairof unto the tyme the samin be presentit to the custumaris within the custume house, the custume thairof payit and the said seall, in takin thairof, hungin to everie particular peice of the samin as said is, under the pane of escheitting of the samyn; certifeing thame and they failye that all and quhatsumevir wobbis, steikis and peces quhilkis sall be apprehendit wanting the said seall sall be confiscat and intrometit with to his majesties use as escheitt with all rigour and extremities in exampill of utheris, and that lettres of publicatioun be direct heirupoun quhairthrow nane pretend ignorance of the samin.
[1600/11/51]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considering how that his majesties subjectis inhabiting the north pairt of this realme ar oft tymes drawin in great inconvenientis be sindrie charges direct aganis thame, sumtyme for finding of lauborrowis or compeiring befoir his majestie and his counsaill upoun ane simple charge of sex dayes, sua that be the schortnes of tyme and impossibilitie to thame to satisfie the saidis charges within sex dayes inrespect of the far distance of the place of thair residence fra the burgh of Edinburgh they ar oft tymes put under the danger of horning, quhair as gif they had convenient tyme grantit to thame thair wald nocht be sic dissobedience of sic great numberis of his majesties subjectis; for remede quhairof, it is statute and ordanit that na lettres of horning sall be direct aganis ony persones duelland be north the watter of Die upoun ane schorter space nor fyftene dayes at ony tyme heireftir, and the horningis to be useit aganis ony of the saidis persones upoun ane schorter space nor fyftene dayes sall be null and of nane availl.
[1600/11/52]*[print] [email] [cite] [preceding] [following]
The kingis majestie and estaittis of parliament, considering the manyfold indigniteis fra tyme to tyme done to his majestie be ane number of undewtifull and irreverent subjectis quha, to the contempt and dishonour of his majestie, makis frequent tulyeis and seikis the commoditie to revenge thair particular querrellis within the burgh of Edinburgh and the Cannogait and utheris pairtis ewest to the place of his hienes residence, nocht sparing sumtyme at his majesties awin bak to use thair privat revenge, to the hazart and perrilling of his hienes maist nobill persone; lyk as diverse persones under pretence of thair awin defence repairis and resortis within his majesties palaces armit with jakis, secretis or corslettis under thair dowblit and coittis, quhairthrow it is to be fearit that certane ewill disposit persones under collour of thair awin defence may attempt sum interpryse aganis his majestie or his domestikis; for remede quhairof, and eschewing of the inconvenientis that heirupoun may ensew, it is statute and ordanit that quhatevir persone of quhat estate, qualitie or degrie he be of sall presume or tak upoun hand at ony tyme heireftir to invaid or persew ony of his majesties subjectis within ony pairt of this realme within ane myle to the place of his hienes residence and remaning for the tyme, or quha sall resort and repair within his majesties palaces or ony pairt of his residence armit with jakis, secrettis or corslettis under thair coitis, dowblettis or utherwayes, that the saidis persones makeris of the saidis tuilyeis and combattis, eftir dew tryell that they wer the first onsettaris, as alsua the saidis persones repairing armit within his majesties house as said is, sall be takin, apprehendit and wairdit for yeir and day and forder ay and quhill they fyne with his majestie for thair libertie according to his hienes gude plesure.