[1617/5/15]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with adwyse and consent of the estaittis of this present parliament, for guide and solide ordoure to be keipit in all tyme to cum for electioun of archbischopes and bischopes, statutis and ordanis that all who salbe heirefter promoved to anye archbischoprik or bischoprik within this realme salbe elected and admitted according to the forme and maner undermentioned and no utherwayis: that is to say, when it sall ony of the seas to be made wode, his majesties plesure is to grant licience to the deane and chaptoure of the cathedral kirk of the sea to convene thame selffis for electing of ane uther archbischope or bischope in place of the former incumbent, and the said licience being exped, ane edict salbe affixit upoun the maist patent dure of the cathedral kirk requyring and chargeing the deane and chaptoure of the said kirk to convene thame selfis for chusing of ane bischope to the same, who salbe devote to God and to his hienes and realme, proffitable and faithfull; who being convened, the deane of the said chaptoure, with sa mony of thame as salhappin to be assembled, sall proceid and chuse the persoun quhome his majestie pleased to nominat and recommend to thair electioun, he alwayis being one actuall minister of the kirk, and sall elect none uther then one actual minister to be so nominat and recomendit be his majestye as said is. Efter the quhilk electioun testefied under thair sealles and subscriptiounes, his majesties plesure is to giff his royall assent thairto. And the samyne being grantit under his majesties gryit seall, salbe to the persoun elected ane sufficient right for enjoying the spiritualitie of the benefice wherunto he is elected during his lyftyme. Upone the quhilk assent, and his heighnes mandat to be directed to ane competent number of bischopis within the province where the benefice lyes, the persone elected salbe consecrat and receavit in his functioun be the rites and ordoure accustumed. And the said consecratioun being maid, his majesties plesure is to dispone to the persoun elected the temporalitie of the said benefice with all priviledgis, honoures and dignities belonging thairto. And the same grante being past under his majesties gryit seall, then sall the persoun admitted do homage and sueir obedience to oure soverane lord according to the forme prescryvit. Nether sall it be lauchfull to the persoun admitted to intromet with anye of the fruitis and rentis off the said benefice untill he have performed the said homage and gevin the oaths of alledgeance and fidelitie to his majestie or his heighnes commissionaris to be appoynted for that effect. And for the better observeing of the ordoure in all tyme heirefter, oure soverane lord and thrie estaittis inhibitis and dischargis the lordis of counsell and sessioun to authorize be thair decreit and sentence the provisioun of anye bischope to be admittit heirefter, except that it be testified that he is receaved and entered according to the said ordoure in all poyntis.
[1617/5/16]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of this present parliament, considering how necessar it is that the deane and memberis of chapter of everie cathedrall kirk be at all occasiounes reddie to convene thame selffis for the electioun of archbischopes and bischopes to thair severall seas, and for expeding of particular richtis maid to the liegis whereunto thair consent be the lawes of the realme is requyred, and that for supporting off the chairgis off thair service and inabling thame the better to attend at sick occasiounes it is most neidfull that they be restored to thair manses, gleibis, rentes and levingis belonging to thame of auld, have statute and ordanit that all the deanis and utheris memberis of the chapteris of the cathedrall kirkis within this kingdome salbe restoired to thair manses, glebes, rentes and utheris patrimonie belonging to thame. And to that effect, his majestie, with advyse of the saidis estaittis, dissolvis fra the croun and patrimonye theroff the foirsaidis manses, gleibis, rentis and dewties formarlie annexed, to the effect the samyne may be heirefter injoyed and peciablie possessed be the ministeris that ar, and heirefter salbe, prowydit thairto, without prejudice alwayis of the fewis, takis, pensiones and utheris richtis lauchfullie maid of quhatsumevir manses, gleibis, landis and teyndis of any pairt of the saidis chapter kirkis to the pairties haveing right to the samyne, and siclyik but prejudice to laik patrones of thair patronages grantit to thame be the kingis majestie with consent of the titularis for the tyme, albeit the same be not ratified in parliament, whiche sall nowayes be prejudgit be this present act; and with expres reservatioun of the rightes of the pryorie of St Androis, now erected in a temporall lordschip, in favoures off Lodvike, duke of Lennox and his airis, whiche sall remayne in the awin strenthe and integritie nochtwithstanding of the act of restitutioun abovewrittin and ony thing thairin comprehendit; and als withe reservatioun of the hous and place of Hammiltoune, biggingis, orcheardis, yairdis and haill pertinentis of the same in so far as the samen or ony pairt thairoff pertenit of before to the deanrie of Glasgow, whiche his majesties and estaittis reservis furthe of this present act to his trustye cousing James, marques of Hammiltoun and his successoures, ta be haldin of his majestie and his hieghnes successouris as there immediat superioures thairoff for evir; and without prejudice to the burgh of Edinburgh off quhatsumevir rentis, proffittis, tenementis, annuelrentis, teyndscheves and utheris commodities gevin, grantit and disponit to thame for intertenementis of thair hospitallis, colledge and ministrie; and siclyik but prejudice of whatsumevir teyndis, few mailles and annuelrentis quhilkis pertenit of auld to the saidis chaptouris in commoun or to ony prebendar in particular disponit be his majestie to ony colledges within the universitie of St Androis, maisteris or burseris thairoff, whiche his majestie, with advyse of the estaittis, declairis sall not be prejudgeit be this present act, and als according to the restrictiounes, exceptiounes and limitatiounes conceaved in favoures of fewaris, takismen and utheris haveand right particularlie sett doun and expressed in the secund act of his majesties eighteint parliament concerning the restitutioun of the estate of bischopes, whiche restrictiounes, exceptiounes and limitatiounes ar haldin as repettit and exprest in this present act. And to the effect that all sick persones quha ar, and hes bene, tennentis and vassallis to deannis and utheris memberis of cathedrall kirkes may be in certantie and knaw be quhome they suld be entered and receavit in the landis and utheris haldin be thame of the saidis deane and memberis or ony of thame, thairfore it is statute and ordanit be oure soverane lord and estaittis that when ony sick occasioun sall offer of receaving or entering of vassallis or off cheingeing of tennentis who cummes in the vassallis places, uther be alienatioun of the vassallis or comprysing frome him or be ony uther lauchfull maner, the direct superior of quhome the said vassall immediatelie salbe astricted and haldin to do the same and to entir all sick persounes be him selff (they doing their dewtie to thair superioures as apperteanis), in the whiche cace oure soverane lord and estaittes declairis the consent of the prelate or remanent memberis of his chaptoure to be nowayis necessar to the said entrie or cheinging of tennentis. And becaus the pryorie of Sanctandrois is now erected in ane temporall leving and lordschip, the pryoure quhairof in former tymes wes alwayis deane of the chapter of St Androis, the channones thairof wer the memberis of the said chapter whiche ar now all abolisched, to the effect thair be not wanting ane chaptoure to the said kirk, oure soverane lord, with advyse foirsaid, declairis that the ministeris serveing the cure at the kirkis underwrittin present and to cum salbe estimed the chapter thairoff: they ar to say the pryoure of Portmook, who is principall in St Leonardis Colledge and deane of the chaptere, the archideane of St Androis, the vicar of St Androis, the vicar of Leuchiris, the vicare of Couper, the provest of Kirkhill, the persone of Dysert, the vicar of Forgund, the vicare of Inchesture, the vicar of Kynnaird, the vicar off Fowllis, the vicar of Eglischgreig, the vicar of Rossie, the vicar of Linlithgow, the vicar of Scone, the vicar of Fordoun, the vicar of Forgund in Fyiff, the deane of Restalrig, the deane of Dunbar, the vicar of Kettill, the vicar of Kennowie, the vicar of Markinche, the vicar of Faulkland and the vicar of Abircromie, being all tuentie four persounes, quhilkis persones sall have the† administratioun, doing and performing off the effairis belonging to the said bischoprik and for the weill of the said cathedrall kirk whiche wer done of before be the pryour and his channones. And concerning the electioun of the archbischope of the said sea, quhensoevir the same sall heirefter vaik, oure soverane lord, with advyse foirsaid, declairis, statutes and ordanis the said archbischope to be elected be eight bischopes of his diocie: thay ar to say the Bischope of Dunkeld, the Bischope of Abirdene, the Bischope off Breichin, the Bischope of Dumblane, the Bischope of Ross, the Bischope of Murray, the Bischope off Orkney and the Bischope of Cathnes, and be fyve ministeris serving the cure of the kirkis underwrittin: to wit, the principall of St Leonardis Colledge, the archdeane of St Androis, the vicar of St Androis, the vicar of Leuchiris and the vicar of Coupar, whiche bischopes and ministeris, or the most pairt of thame, sall have power in all tyme to cum to elect the archbischope quhenevir the sea sall vaik and sall remayne heireftir the chaptour appoyntit be oure soverane lord and estaittis for the electioun foirsaid, the vicar generall for convening of the whiche electoures oure soverane lord and estaittis declairis to be now, and in all tyme cuming, the Bischope of Dunkeld who salhappin to be for the tyme. And siclyik oure soverane lord, with advyse of his estaittis, declairis, statutes and ordanis that the Archbischope of Glasgow, whensoevir that sea sall vaik, salbe elected be the thrie bischopes of his dyocie, to wit: the Bischope of Galloway, the Bischope of Argyill, the Bischope of the Yles being for the tyme, and be his ordiner chaptoure, or the most pairt of thame, the Bischope of Galloway being alwayis conveyner of the saidis electouris to the said electioun, whiche persones sall have power onlie in the said electioun, seing it is the expres will and ordinance off his majestie and estaittis that the auld and ordiner chapter of Glasgow and the uther chapter abovewrittin appoyntit for the sea off Sanctandrois as said is salhave the onlie administratioun of these thingis concerning the effairis tending to the weill of thair cathedrall kirkis and belonging thairunto as the old chapter formerlie had, and these utheris chapteris before mentionat appoyntit allanerlie for electioun of the saidis archbischopes sall nowayes be dirogatorie to the utheris ordinaire chapteris establisched for the handling of the effairis off thair seas in maner abovewrittin.
[1617/5/17]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considering that thair be dyvers kirkis within this kingdome not plantit with ministeris, quairthroch ignorance and atheisme aboundis amangis the people, and that monye of these that ar plantit have no sufficient provisioun nor mantinance appoynted to thame, wherebye the ministeris ar keipit in povertye and contempt and can not frutefullie travell in thair chargis; considdering also that no thing is more properlie belonging to his princelie care then to see to the goode estate of the kirkis within his dominiones out of that zeale whiche his majestie beiris to the promoveing of the kingdome of Christ; and for ane perfyit remedie of these evillis, with advyse and consent of the estaitis of parliament, hes grantit full power and commissioun to the lord chancellar for the tyme and to the reverend fatheris in God Jhonne, archiebischope of Sanctandrois, James, archbischope of Glasgow, Alexander, bischope of Dunkeld, Alexander, bischope of Abirdene, Alexander, bischope of Murray, Patrik, bischope of Ross, Adame, bischope of Dumblane and Williame, bischope of Galloway, eight persones nominat for the clergie and prelattis, and incace of the deceis of any of thame, to Andro, bischop of Brechin, George, bischope of Orkney, Andro, bischope of Argyill and Johnne, bischope of Cathnes, whiche foure persounes his majestie and estaittis hes nominat to supplie and becum in the place off anye of the uther eight foirsaidis gif any sall happin to deceis before this commissione be finischit, to wit: the first of the four in place of the first of the eight deceissand, and so in ordour successively as thay ar namit; and to Johnne, earle of Mar, lord thesaurer, James, marques of Hammiltoun, James, earle of Abircorne, Williame, erle of Tullibardin, Robert, earle of Roxburgh, Johnne, vicecount of Lauderdaill, Thomas, lord Binning and David, lord off Carnegye, eight persounes nominat for the nobilitie, and incace of anye of thair deceisses, to Alexander, lord Elphingstoun, nominat to becum in the place of the first deceissand, Alexander, erle of Eglingtoun, in the secund, Jhonne, erle of Peirthe, in the third, and Jhonne, lord Balmerinocht in the fourt; and to the commissioneris underwrittin nominat for the barrones, to witt: Williame Douglas of Drumlangrig, Schir Walter Dundas of that Ilk, Schir James Halieburghoun of Pitcur, Schir Jhonne Hammiltoun of Lettrik, Schir Jhonne Vaus of Barnebarroch, Schir Andro Murray of Balvaird, Schir Alexander Gordoun of Clunye and to Schir George Auchinlek of Balmanno, and incace of anye of thair deceis, to Thomas Urquhart, schirreff of Cromartie, Schir Alexander Strachan off Thornetoun, Josias Stewart of Bonytoun and Schir Robert Stewart of Schillinglaw, persones nominat to becum in ordoure as thay ar namit in places of onye of the eight deceissand; and to James Arnote, burges of Edinburgh, Maister Alexander Wodderbirne, clerk of Dundie, Schir Thomas Meingyeis, provest of Abirdene, Jhonne Scheirar, burges of Striviling, Andro Mylne, burges of Linlithgow, Jhonne Osburne, burges off Air, Jhonne Mathesoun, clerk of Carraill, and Schir George Bruce off Carnok, knight, burges of Culros, eight persounes nominat for the burrowis, and incace of anye of thair deceise, to Alexander Clerk, merchand burges of Edinburgh, Maister William Fergusoun, burges of Dundie, George Nicolsoun, burges of Abirdene, and Jhonne Williamesoun, clerk of Striviling, persounes nominat to supplie in ordoure any of the uther eight commissionaris foirsaidis deceissand, whiche foirsaidis commissionaris, or onye fyve of ilk estate nominate as said is, consenting and aggreing in ane voce, salhave power to convene, consult and to determine upoun the materis and in maner underwrittin, prowyding alwayis that thair is, and salbe, necessarlie requisite to the validitie of any act, conclusioun, ordinance and determinatioun off the saidis commissioneris, the conjunct assent of fyve of everie ane of the saidis four estaittis all aggreing togidder in ane voce, without the whiche consent of the saidis fyve of ilk estate so aggreing, the rest of the saidis commissioneris salhave no power to mak anye valide or effectuall conclusioun be vertew of this present commissioun, bot whatsoevir salbe utherwayis done is declared to be of no availl, force nor effect. That is to say, oure soverane lord and estaittis of parliament, be the tennour heiroff, gevis, grantis and committis full power and authoritie to the saidis commissioneris to meit and convene in the toun of Edinburgh at sick tyme and tymes as they sall appoynt and find convenient, and thair to call and summond before thame all patrones and takismen of teyndis, gryit and small, and all utheris haveing richt be quhatsumevir tytill to the teyndis within this kingdome as they sall think necessar and expedient, to exhibite and produce before thame† thair richtes and tytles quhairby they clame the saidis teyndis, to be sene and considderit be the saidis commissioneris, with power to thame out of the saidis teyndis of everie parochin to appoynt and designe at thair discretiounes ane perpetuall locall stipend to the minister present and to cum at all kirkis that salbe fund be thame ather as yit not prowydit at all with ministeris and stependis or quhair the provisioun is less nor fyve hundreth merkis in yeirlie rent of money or fyve chalderis victuell (by manse and gleib) or sick proportioun particularlie of silver and victuell as will effeir and extend to fyve hundreth merkis or fyve chalderis victuell yeirlie, and whiche is the least and meanest stepend and provisioun determinat, appoynted and declared be his majestie and estaittis to be gevin and assigned to anye minister for his locall stepend in tyme cuming where the fructis of the benefice will extend to that quantitie in maner underwrittin, and that nochtwithstanding of anye richt or tytle pretendit be the said takismen or utheris in quhais favoures teyndis have bene erected; with speciall power also to the saidis commissioneris to unite sick kirkis, ane or ma, as may convenientlie be unite where the fruittis of anye ane alone will not suffice to intertene ane minister; in the whiche cace of unioun of sick kirkis, giff it fall out that necessitie offer to unite kirkis belonging to presentatioune of dyvers patrones, the presentatioun of the ministeris salbe appoyntit be the saidis commissioneris to pertene to the patrones alternatis vicibus, to the whiche commissioneris his majestie and the estaittis does recommend and refer to considder and appoynt farder sick solide ordour as may be maist convenientlie takin and stand with the least prejudice of any of the patrones and as they salbe fund to have more or less interesse in the kirkis to be so united. It is alwayis prowydit that quhair† thair ar dyvers kirkis quhairoff the fructis off anye one will not extend to the quantitie of fyve chalderis victuell nor fyve hundereth merkis of silver in yeirlie commoditie, and that the rentis and haill patrimonie thairoff ar nowayis ansurable to that proportioun, and so is not sufficient alone for the full mantinance off ane minister, and yit nevirtheles, for distance of place or utheris lauchfull causes, may be found incommodius to be united, quhairby necessitie will evince that everie kirk in that estate suld be planted with thair awin particular minister to serve thairat, whois provisioun behowis necessarlie to consist of the fructis of the benefice it selff, how meane soevir the same be; thairfore it is declairit that it salbe sufficient to the saidis commissioneris in that cace to assignne and appoynt to the minister to be plantit at any sick kirkis the haill fruittis pertening to the patrimonye thairoff, by and attoure his manse and gleibe, whiche fruittis ar to be injoyed be him and his successoures thairefter as their perpetuall locall stipend and provisioun. And to the end the said commissione may tak the bettir effect and for ane solide ordoure anent the provisioun of the saidis kirkis with thair certane definite stepend, and that it may be cleirlie knawin quhat salbe the proportioun and quantitie of any stepend whiche salbe heirefter appoynted to everie minister at everie kirk, ather not prowydit at all or not sufficientlie prowydit as said is, oure soverane lord and estaittis declairis that the least and meanest stepend quhilk they sall have appoynttit to be heireftir prowydit be the saidis commissioneris to any minister sall not be under and within the quantitie of fyve chalderis victuell or fyve hundreth merkis of money or proportionallie pairt off victuell and pairt thairoff in monyie according as the fruittis and rentis of the kirk may yeild and afforde and as the saidis commissioneris sall think expedient effeirand to the saidis fyve chalderis victuell or fyve hundreth merkis money, by and attoure their manse and gleib, quhair the haill fructis of the kirk will extend to the quantitie foirsaid; and that the gryitest and most stipend whiche the saidis commissioneris sall have power to assigne for stepend to any minister at any of the saidis kirkis ather not plantit or plantit and prowydit with stependis within and under the saidis fyve chalderis victuell or fyve hundreth merkis money as said is sall not exceid the quantitie of ten chalderis victuell or ane thousand merkis of money and proportionallie pairt of money and pairt of victuell at the consideratioun of the saidis commissioneris as they sall find be examinatioun of the rentis of the kirk maist convenientlie may be payed, by and attoure thair manse and gleibe, sua that the gryitest salbe ane thousand merkis or ten chalderis victuell with manse and gleibe, and the least fyve hundereth merkis or fyve chalderis victuell with manse and glebe, except where the haill fruittis off the kirk will not extend to that quantitie as said is; and findis and declairis that all kirkis whiche ar plantit with ministeris quhais stependis extendis to fyve chalderis victuell or fyve hundreth merkis of silver or pairt of bothe effeirand to the whole by thair manse and gleibe (the samen being maid sure to thame) ar expreslie exceptit out of this commissioun and nowayis cummes under the compas thairoff; nather sall the saidis commissionaris have anye powar be vertew heiroff to medle with anye kirkis or stependis whiche ar in that cace, seing that the said commissioun is not extendit to the same. It is also prowydit that where anye kirkis ar sufficientlie prowydit alreddie albeit thair provisioun does exceid the foirsaid quantitie of ten chalderis victuell or ane thousand merkis of money, and als where the fruittis of any benefice ar in the possessioun of the minister, that the samen salbe continewit in the estait quhairin it is at the present and not to be medled with be vertew of the said commissioun. And becaus resoun and equitie cravis that recompans suld be made to the takismen and utheris persones† quhatsumevir who salbe by the sentence of the saidis commissioneris hurt and prejudgit of thair present proffite whiche they may lauchfullie bruke be vertew of thair tytillis and rightes establisched in thair persounes, and upoune whome be vertew of the said sentence anye burding of the sustentatioun and provisoun of the saidis kirkis and ministeris is to be imposed, thairfore our said soverane lord and estates of parliament gevis full power and commissioun to the saidis commissionaris so to proceid in the determining of the saidis recompences, that incaice the lord or any uther haveand right to erected prelacies who salbe cited before thame refuis to tak the burding of plantatioune of any kirkis belonging to the saidis erected prelacyes whiche ar not planted or to help sick uther kirks of the samen as ar not weall and sufficientlie prowydit according to the tennour of the foirsaid commissione, and that upoun their refusall (the said refusall being first fund resonable be the saidis commissioneris), the burding of the said plantatioun or farder provisioun salbe laid and imposed be the saidis commissioneris in whole or in pairt, ather upoun the principall takismen of anye of the fruittis of the saidis kirkis or, incaice the takismen refuis the burding be imposed upoun the subtakismen thairoff, the saidis commissioneris sall have power to decerne, appoynt and ordane sick particular recompens to be gevin to the saidis takismen or subtakismen be renewing of thair takis or subtakkis efter the expyring thairoff upoun sick conditiounes as the saidis commissioneris sall find reasonable, respect being had to the qualitie and proportioun of the burding to be imposed upoun thame within the tyme of thair tackis and richtes farder then they ar astricted be thair saidis rightes, or be appoynting sic uther reasonable satisfactioun as they sall find the said burding and distres undergone be anye of thame sall deserve and requyre. Lyik as the saidis commissioneris salhave siclyik power to determine, decerne and appoynt sick particular satisfactioun and recompence to be given ather to laik patrones or to the takismen of the fruittis of the kirkis belonging to the lyik patronages and subtakismen thareoff as they sall think may be ansurable to the burdingis to be imposed upoun ather of thame for the caus abovewrittin proportionallie. In the prescryveing of the whiche recompence, the saidis commissionaris salhave speciall respect what consideratioun they find reasounable to be gevin to the saidis patrones for thair consentis to the takis, gif any salbe appoynted and decerned to be sett and gevin to the saidis takismen for recompense foirsaid; and giff anye beneficed persoun upoun just and resonable causes refuises to prowyid ony kirk belonging to thair benefice according to the ordoure heirby prescryved, wherby the burding of plantatioun or farder provisioun of the kirk must necessarlie ly upoun the takismen or subtakismen of the fructis thairoff, the saidis commissioneris in that cace also sall decerne sick recompens to be gevin to the saidis takismen and subtakismen for thair lose and prejudice sustened as the saidis commissioneris sall find the samen sall merite be renewing of takis to thame upoun sick conditiounes as may requyte thair lose, or be finding out sum uther reasonable meane whiche may repair the samyne. And oure said soverane lord, with advyse and consent of the saidis estatis, declairis, statutes and ordanis that all takis whiche salbe decerned be the saidis commissioneris to be gevin in recompens to anye persoun whatsumevir for the causes abovewrittin and whiche salbe sett for obedience and conforme to the said decreit and sentence whatsumevir yeiris and long space† the saidis takis sall comprehend, salbe guid, lauchfull and sufficient securities to the persounes in whois favoures the same ar appoyntit to be gevin and conceaved; nather sall the same be anye wayis prejudgit be the act maid in this parliament, be the quhilk it is statute that no archbischope, bischope or prelate suld sett in tak ony pairt of thair patrimonye for longer space nor nyntene yeiris, and that no inferiour beneficed persone sall sett in tak any pairt off thair benefice for longer space nor thair awin lyvetymes and fyve yeiris thairefter, as the said statute proportis. Fra the whiche statute the saidis takis so appoynted to be sett and gevin in recompence ar and salbe excepted and reserved and sall nowayis cum under the compas of the said act and statute nor in ony thing thairin conteaned, bot the same sall remayne and abyid valide and sufficient richtis for haill space and yeiris appoynted thairin according to the tennour thairoff,† nochtwithstanding of the said act and statute. And becaus it may fall furth that in the recompens to be appoynted by the commissioneris to the patrones, takismen and subtakismen for the foirsaid burding to be imposed upoun thame, ma yeiris may be assigned for prorogatioun of thair present takis nor may lauchfullie and convenientlie be sett be the present beneficed persones to whome be law the setting of takkis of teindis belongis, for remeid quhairoff, oure soverane lord, with advyse and consent of the saidis estaittis, declairis, statutes and ordanis that it salbe lauchfull to the commissioneris foirsaidis to appoynt als mony yeiris efter the expyring of the present takis to the takismen of the saidis kirkis and teindis to the patrones or subtakismen respective for bruikeing of the saidis teindis for recompence off the said burding as they sall think ressonable, whiche salbe als gude, valide and sufficient richtes to the saidis patrones, takismen and subtakismen respective and to thair airis and assignayis for bruikeing, possessing and disponing upoun the saidis teyndis during the saidis yeiris off prorogatioun as gif guide, lauchfull and valide takis and richtes off the saidis teindis had bene sett and maid to thame be the titularis of the benefices to quhome the samen belongit, with consent of all pairties haveing enteres, with expres provisioun and declaratione that at the expyring of the saidis yeiris the richt of the saidis teyndis and power to sett takis thairof sall returne and appertene to the saidis titularis of the foirsaidis benefices as they did before the making of this present act. And oure said soverane lord, with advyse of the saidis estaittis, declairis and ordanis this commissioun to lest and indure to the feast and terme of Lambes in the yeir of God jM vjC eightene yeiris, efter the whiche tyme the same sall ceas and expyre; and ordanis the decreit and sentence of the saidis commissionaris in all the particularis foirsaidis, and everie ane of thame, to have the strenth, force and authoritie off ane decreit, sentence and act of parliament; for obedience wheroff, the lordis of sessioun sall direct and grant lettres in forme as effeiris and according as salbe necessar. Whiche commissioun abovewrittin, taking force and full effect in all the saidis particularis thairin conteyned as the samen ar sett doun and comprehendit thairin be pronunciatioun of decreit and sentence upane the same, conforme to the power thairin comprehendit gevin to the saidis commissioneris, oure soverane lord, with the expres consent and assent off the estaittis in that caice, findis and declairis that no persoun in whois favoures the teindis of kirkis and benefices ar erected, nor na utheris whatsumevir bruiking teyndis be vertew of richtis lauchfullie maid to thame of the same according to the lawis of this realme then standing, salbe evir farder alterit or querrellit in ony of thair saidis richtis in ony tyme to cum farder then salbe appoynted be the said decreit and sentence to follow this present commissioun, bot the saidis rightis and securities incace foirsaid sall remayne in the awin strenth, force and effect as gude, lauchfull and sufficient rightes and securities to thame and everie ane of thame for thair awin pairtis for bruiking and injoying the saidis teyndis conforme to the tennoure of the saidis richtes for now and ever.
[1617/5/18]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the estaittis of parliament, statutes and ordanis that no archbischope, bischope or uther prelate within this realme salheirefter sett in tak and assedatioun ony pairt of thair patrimonye for longer space nor nyntene yearis, and that no inferioure beneficed persoun sall sett in tak ony pairt of thair benefices for longer space then thair awin lyvetymes and fyve yeiris efter thair deceis, under the payne of deprivatioun of the persounes contravenaris frome thair offices and benefices and to be repute frome that tyme furth infamous and incapable of ony publict functioun in the kirk. And for the bettir discovering of the takis that salbe sett be inferioure beneficed persounes for longer space then is abovewrittin, it is ordanit that all the takis that sall heirefter be sett be ony of thame for langer space nor is before mentioned salbe registrat in ane buik quhilk the clerk of register sall keip for that effect, within the space of fourtye dayes efter the setting of the same tack, utherwayes the said tack so sett for longer space salbe null and of no effect to the takismen thairof be way of exceptioun or reply without ony uther actioun, proces or declaratour of law; it is alwayis declared that this statute sall nowayis be extendit to onye takis or subtakis or conditiounes for setting of takis or subtakis for longer space nor is abovewrittin whereas the same dependis and ar maid or appoynted to be maid, conforme to the commission granted be oure soverane lord, with advyse of the estaittis of parliament, for plantatione of kirkis in maner as is speciallie sett down in the said commissioun.
[1617/5/19]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of parliament, ratefies and approves the act of his heighnes parliament haldin at Peirth, the nynt day off Julii the yeir of God jM vjC and sex yeiris anent the delapidatioun of the rentis of prelacies, with this additioun: whereby his hieghnes and estaittis foirsaidis findis, decernis and declairis all takis or assedatiounes to be maid of ony quotes of testamentis or onie uther casualitye pertening to the saidis prelattis in tyme cuming to be null and of no availl, force nor effecte, and that it sall not be lauchfull to ony prelat within this kingdome heirefter to dispone, alienat or sett ony of his casualities in haill or pairt longer nor during his awin lyiftyme allanerlie, but prejudice of the tackis (gif onie be) sett before this act as accordis of the law, to the quhilkis thir presentis sall nowayis be extendit.
[1617/5/20]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the estaittis of parliament, ordanis that all the paroche kirkis within this kingdome be prowydit off basines and lavoiris for the ministratioun of the sacrament of baptisme, and of couppes, tablis and table clothes for the ministratioun of the holie communione, whiche salbe ressavit to that use be the minister of the parochin in sick convenient place as he sall find meit, for whiche he and his heiris and executoures salbe ansuerable to the parochin incace the same be lost or utherwayis useit to any prophane use; and ordanis the expensses thairoff to be maid be the parochoneris and the ministeris of everie kirk to do thair diligence for prowyding the same by causing the parochoneris stent and taxt thame selffis to the effect foirsaid betuix and the first day off Februare nixt under the payne of lossing of ane yeiris stepend. And for putting the said act in executioun, ordanis the lordis of his majesties counsell and sessioun to giff furthe thair lettiris for chargeing the parochoneris to convene and taxt thame selffis to the said effect and mak payment of the money wherin they salbe stentit as the same salbe requyred.
[1617/5/21]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament hes ratefied and approvin and be the tennoure heiroff ratefies and approvis the threttie fourt act off his hienes ellevint parliament jM vC lxxxvij intitulat 'The unlaw of absentis frome parliament' in the haill heidis and clauses thairoff efter the forme and tennour of the same in all poyntis, with this additioun: that the unlaw of the commissioneris of barones throche thair absence frome parliament salbe ane hundereth pundis† money; and declairis that no† excuis salbe receavit nor admittit heirefter for absence frome parliament except thair licience be grantit be his hieghnes under his note and superscriptioun, if his majestie be present within the realme for the tyme, and in his hienes absence, be his heigh commissioner of parliament; and incace off the said commissioneris absence, thair licience to be grantit and subscryvit be the lord chanceler and lordis of secreit counsell to be producit judiciallie the first day off the fensing of ilk parliament to the clerk of register and his deputtis. And farder declairis that in tyme cuming it salbe lauchfull to whatsumevir duke, merques, earle, vicount, lord or prelat within this realme being absent frome the parliament and lauchfullie excused as said is to send ane sufficient power subscryvit with thair handis to ony one of that estait haveand place and vote in parliament, who salbe admitted to reasoun and vote in parliament and haill dyettis thairoff for that persoun absent, siclyik and als frielie in all respectis as giff he hade bene present him selff; and ordanis the said former with this present at ilk parliament to be execute with all diligence and the penalties thairin mentionat to be uplifted to oure soverane lordis use be his hienes thesaurer.
[1617/5/22]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the estaittis off parliament, haveing considderit the articles and instructiounes gevin of before be his majestie to the justices and commissionaris appoynted for keiping of his majesties peace and to the constables, whiche wer presented to his hieghnes and unto the saidis estaittis be the saidis justices and desyrit to be authorized be decreit and sentence of parliament, hes ratefied and confermed the same in maner as thay ar heir particularlye sett doun and expressed in everie poynt and article thairoff, off the whiche the tennoure followes: that is to say, the commissioneris and justices of peace at thair first admitting upoun the benche sall giff the oathe following:
You sall sweare that yow as ane of the commissionaris and justice of peace within the schyre off etc., according to your knawledge, witt and power, sall do equall right bothe to riche and pure conforme to the lawis and customes of the land and statutes thairoff; and that yow sall not be of counsell with ony persoun in ony querell or mater depending before yow. And that yow sall everie quarter keip the sessiounes or oftner as yow salbe requyred, not haveing anye just impediment to the contrarie, and sall faythfully and trewlie discharge your dewtye as ane justice of his majesties peace, and sall leiff no thing undone that may tend to the preservatioun of the same, so help yow God.
Anye one justice salhave power upoun complaint of anye persoun being threatned and feiring to be wronged to bind the pairtie complained upone under suche a pecuniall soume to keip the peace as he sall think fitting; as also to commit him untill suretie be found by him, the said complainer alwayis geving his oathe before the justice that he hath just caus to dread him harme. And albeit no persoun complane, yit gif the justice be crediblie informit of apperance of truble betuix anye pairties, he sall bind thame to the peace in maner foirsaid, except the pairties declairit upoun thair consciences that nather of thame doeth bear† anye grudge to uther; and all such bandis salbe keipt in record by him, and he sall mak† delyverie of the same to the clerk of the peace at the nixt sessiounes to be keipt and registrat by him.
If anye persoun being chairged to mak his apperance before a justice of peace and sall refuis or delay without caus, gif the pairtie be a landit gentleman whois rentis exceidis ten chalderis victuell or a thousand merkis of silver, then the justice whois command is contemned sall informe the same to sum of the lordis of his majesties previe counsell, to the effect the pairtie off the qualitie foirsaid may be called and fyned for his dissobedience. And giff the dissobeyar be of ane meaner degrie, the justice sall heirby have power to command the nixt constable or, in absence of a constable, his awin servant, or ony uther persoun haveand ane warrant in wreit subscryvit by the said justice of peace, with assistance of the cuntrey, to bring any sick pairtie before him.
If ather the schirreff or bailyee sall condeme any persoun in a bludwict or utherwayis convict him in anye payne proper for him to impone, the justice sall have no power off new to fyne that offendar for that offence; bot gif they sall not find him condignelie punischit in regaird of the offence comittit by him, they sall then informe his majesties counsell thairof that thai may tak ordoure thairwith. And giff thair be no satisfactioun maid by the schirreff or bailyee to the pairtie offendit, the justices may modifie a resonable satisfactioun to the pairtie offendit, he persewing thairfore before thame. And giff they sall find the satisfactioun decerned by the schirreff or bailyie in favoures of the said pairtie offendit not condigne nor ansuirable to tha offence and wrong sustened, then they sall also informe his majesties counsell thairoff that thai may tak ordoure thairwith as apperteyneth.
If ather schirreff or bailyie or uther deputies be collusioun with the delinquent sall suffer any persoun guyltie to be quyted and cleired be ane assyises, the pairtie anis cleired is not to be brought furder in questioun before the justices, bot upoun thair informatioun the judges ar to be callit, censured and seveirlie punischit by his majestyes counsall.
The said justices sall heirby have power to proceid upoun all persounes committing ryottis and breaking of the kingis peace under the degrie off noblemen, prelattis, counselloures and senatoures of the colledge† of justice; and punische and fyne according to the qualitie off the cryme and the estate of the offendar. And gif any of the saidis persounes being chargit to compeir before the said justice sall dissobey, the summondis being indorsit, the lauchfull citatioun verifiet and fact provin, the justices sall punische and fyne the not compering according to the qualitie of the cryme and the estate off the offender. And for the more clear determinatioun of the ordour quhilk salbe keipt be the saidis commissioneris in deduceing of any such proces, oure soverane lord, with advyis of the estaittis, declareth that it salbe lauchfull to the said justices, quhensoevir they have any occasioun, to move any actioun aganis pairties for committing any lyik fact or ryot, to refer the first summondis to the pairties oathes of veritie (incace of inlaik of uther lauchfull probatioun), who, being personallie sumondit by that first citatioun, salbe haldin as confest and decreit to be pronunced aganis him conforme to the lybell and summondit. And giff he be not personallie summondit by the first citatioun, the saidis commissioneris salbe halden to caus summond him of new agane by a second summondis at his duelling place, whiche tuo citatiounes salbe als sufficient to infer decreit and sentence upoun the lybell aganis him as giff he wer apprehendit personallye, and whiche sentence gevin efter the maner and forme of probatioun abovewrittin, his majestie, with advyse foirsaid, authorizes and sustenis als guid and lauchfull in thame selfis. And concerning these persones of heighar degrie, the saidis commissionaris sall use all thair power for preventing and staying of the ryottis, commanding the attemptaris in his majesties name to ceas and to find cautioun for keiping of the peace and for thair comperance before his majestyes counsell. And gif anye persoun being chairgit to find cautioun and refuseth or delayeth to doe the same, and in the meantyme contraveneth the said charge by committing of sum deid betuix the tyme of the chairge and finding off the cautioun, nevirtheles he salbe ansuerable for the payne fra the date of the chairge lyik as giff cautioun hade bene then found.
The saidis commissionaris sall put his majesties actis off parliament to dew and full executioun aganis wilfull beggaris and vagaboundis, solitarie and ydlemen and wemen without calling or trede lurking in ailhouses, tyed to no certaine services, repute and haldin as vagaboundis and aganis these persounes who ar commonlie callit Eigiptianes; and they sall punische and fyne thair receptaris and settaris of houses to thame accordinglie by suche competent paynis as is proper to thame to injoyne.
The saidis commissionaris and justices of peace ar heirby authorized with power to gif ordour (as they sall think most convenient and with least greif to the subjectis) for mending of all hie wayis and passages to or frome any mercate toun or sey poirt within that schyir; and sall call before thame all suche persones as sall straite these passages or uther wayes by casting of ditches and fusies throche the same sall mak thais hie wayis noyesum and trublesum unto passangeris, and sall punische and fyne thame according to the qualitye of thair offence. And to the effect it may be knawin off what breadthe all commoun heiche wayis suld be to mercate townis, oure soverane lord, with advyise foirsaid, declairis that the samyne suld be of tuentye foote of measure in breid at the least; and where any ar of larger breadthe, they ordane the same so to remayne unaltered or straitted, and that the saidis justices manteane the same, with all uther wayis frome any toune in the paroche to the paroche churces in the estate that thai ar. And where they find anye necessitie of otheris wayis frome anye toun in the parochin to paroche churches, they sall informe his majesties secreit counsell thairoff, who sall give thame (efter sufficient informatione) thair directioun thairanent according whereunto they salbe haldin to proceid. And gif anye persoun refuis to concur for mending of hiewayis and passages, the said justices salhave power to censure and punische thame according to their discretioun. With provisioun alwayis that giff in thair procedingis thairin they use suche severitie or rigoure as may move just complaintis aganis thame, they salbe censured thairfore by his majesties secreit counsell as apperteneth.
The saidis commissionaris sall put his majesties actis of parliament to executioun aganis cutteris and distroyeris off planting grein wode, orcheardis, yairdis, haningis, breakeris of dow houses and cunningeris, steillaris of bees and behyves, usares of unlauchfull gaymes with lying doggis, slayeris of red and blak fische and smoltis in forbiddin tyme, foulleris foulling in uther mennis landis, makaris of mureburne and mosburne, setteris off cruves or nettis in wateris and dammes, haveing and keiping of cruves and yairdis in forbiddin tyme, and sall proceid aganis thame accordinglie. And for thair bettir warrand to proceid in the premisse, it is his hienes plesour that commissioun salbe grantit to the saidis justices of peace to try and punische the violatoures of the saidis actis, in the tryell quhairoff they sall proceid by witnesses by oathe of pairtie and the punischement to be inflicted by thame salbe ane pecuniall soume ansurable to the circumstance of the offence and qualitye of the offender, with special provisioun that thair censures and punischment sall extend aganis nane bot thais aganis quhome by the privilege of thair instructiounes they lauchfullie proceid; and also with provisioun that the said commissiones be not extendit to any persounes who salbe arreistit and convened for the saidis crymes before anye uther ordinarye judge. It is also prowydit that the ordinance and power contenit in this article sall nowayis be prejudiciall to any uther commissiones or richtis whatsoevir grantit to utheris pairties whereby they have power to proceid and censure the crymes and offences abovewrittin.
Item, they sall informe the kingis majestyes counsell and his hienes thesaurer, or advocat at the leist, anie everie yeir, of foirstalleris and regrateris of markettis, that ordour may be takin with thame conforme to the actis of parliament
It sall not be licenced to any hostler to recept ony maisterles men and rebellis at the horne, any vagaboundis or uther guiltye persounes of knawin crymes or useing stouth or reafe under the paynes underwrittin, to wit: fourtie schillingis to be incurred be thame for the first fault; four pundis for the secund; and ten merkis for the third, togidder with the loss of the libertye of brewing. The incurreris off the whiche paynes salbe punisched according to the ordour afoirsaid by the barounes and maisteris of the ground whereupone the hostler duellethe within the space of fyiftene dayis efter the committing of the fact. And giff the saidis barones and heritoures neglect to do the same within the said space, it salbe lauchfull to the saidis justices to persew and fyne the delinquentis in thair awin courtis according to the paynis foirsaid and to uplift the samyne frome thame, without prejudice alwayis of whatsumevir uther actis maid aganis the saidis hostleris in the barroun court buikis under quhome they duell beiring ony heighar payne nor is sett doun in this abovewrittin act; and also without prejudice of all actioun, criminall or civill, competent of the law aganis the said hostleris incace they be under the danger thairoff, whiche sall not be takin away by ony punischement sett doun and to [be]† inflicted conforme to this act.
Item, they sall informe the kingis thesaurer and advocate off breakeris and contravenaris of the actis of parliament maid aganis maltmakeris, that the transgressoures and contravenaris thairof may be punischit conforme to the tennoure of the saidis actis.
They sall sett doun ordoure in the cuntrey for governance in tyme off plague and sall punische seveirlie the dissobeyaris off the ordoure appoynted by thame according to the qualitie of the delict.
They sall appoynt at thair quarter sessiounes to be kepit in August and Februar the ordinary hyir and waigis of laboreris, workmen and servantis; and who sall refuis to serve upoun the pryces sett doun be thame salbe imprisoned and farder punischit at thair discretioun. And to the effect that servantis may be the more willing to obey the ordinance to be maid by the saidis justices and the saidis feyis, the saidis justices sall have power to discerne and compell the maisteris to mak payment of the feyis appoyntit by thair ordinance incace the servantis please rather to persew for the same before thame than anye uther judge.
The saidis commissionaris sall tak notice in all schirrefdomes where thair ar anye gaillis and prisounhouses within anye burgh that the same may be keipt up and not suffered to decay or becum ruinous. And giff thair be anye schyire wherin thair is not anye gaill or prisonehous, they sall informe his majesties counsell thairoff that thai may appoynt and giff ordoure for building of ane within the head burgh of the schyre, and according to the directiounes to be gevin thairanent, the justice salbe holden to proceid.
And becaus thair be a gryit manye of prissoneris apprehendit and committit who, haveing no meanis of thair awin for thair mantinance and intertenement, will utherwayis famische and starve before they can come to thair tryell, who notheles, in regard of the crymes they have comitted, can no wayis be put under suretye or utherwayis in faultis of less consequence ar unhable to find sufficient†cautioun to be maid furthcuming and ansuerable at the nixt sessioun, thairfore it salbe lauchfull to the saidis commissionaris and justices at thair quarter sessioun to rate everie parochin for a weeklie contributioun proportioun for the intertenement of these puir prissoneris, prowyding they do not exceid the soume of fyve schillingis Scottis money at the most, nor under one schilling at the least, whiche soume salbe uplifted for that use by the minister or reader who sall serve at everie paroche frome such deacones who salbe appoynted to collect the same; and the saidis soumes to be deliverit by the constable of the paroche at the quarter sessiounes in presens of the whole benche then conveyned to such persounes as the saidis justices sall trust thairwith and who accordinglie sall mak dew accompt in paying the gayleris suche raitis as salbe allowed for the pure prissoneris and making the rest furthhcuming for suche use and intent of the lyik nature as the saidis justices sall appoynt.
All magistrattis of burghis and keiparis of gayles or any prisones sall ressave into thair prissones all suche persones as ether salbe brocht by constables or sent unto thame by warrandes under the hand of onie one justice of peace (the saidis justices causing satisfie for there intertenement). And gif any magistrattis or thair gailleris suffer anye persounes committit by the justices to thair prissones to escheap, they salbe condinglie punischit therefore at the discretioun of his majesties counsell.
Item, oure soverane lord, with advyse foirsaid, ordanis the saidis commissioneris to sett a pryce upoun craftismenis work and upoun the ordinaris of pennye brydellis, togidder with the pryce of scheireris feyis and to punische the contraveneris as apperteneth.
They sall caus sufficient single and double aill to be brued in everie schyir and sall appoynt visitoures to that effect with consent of the barone and overlord of the ground. They sall sett doun actes against notorius and commoun drunkardis and impose soumes upoun the contravenaris according to thair qualities and desertis.
Oure soverane lord, with advyse aforesaid, declareth that the justices of peace salbe a full number and sessioun to decyid in materis occurring betuix the four quarter sessiounes.
Also declairis that no lettiris of captioune ought to be grantit aganis the saidis justices for apprehending of rebellis, except they be fund subject to do the same by possessing of such uther offices and places to the whiche the obedience and putting to executioun of anye such charge doeth belong.
And because thair is sensible prejudice sene and felt through manye partis off the kingdome by reasoun of the diversitye of measures and weghtis used in the same, thairfore oure soverane lord, with advyse foirsaid, for removeing of all abuses whiche may ensew in anye tyme to cum, thairby hathe found expedient and by this decreit and statute of parliament decernis, statutes and ordanis that thair salbe bot one just measure and weght through all the pairtis of the kingdome whiche sall universallie serve all his hienes liegis by the whiche they sall sell and buye and ressave and giff out in all tymes to cum. Whiche measure his majestie, with advyse foirsaid, findis suld be that measure of Linlithgow, whiche is now commonlie used and whiche hathe bene used most custumablie throw the gryitest pairt of the kingdome these fiftie or thriescoire yeiris bypast. And for setling of a perfyit ordoure whereby all the measures that ar now used may be reduced to the conformitie off the said measure now authorized, and for making of proportioun ansurable betuixt the lesser measure and weghtis and the gryitest, his majestie, with advyse foresaid, hathe grantit full power and commissioun to Schir James Weymis of Bogye, knight, Schir George Auchinlek of Balmanno, knight, Schir James Foulles of Colingtoun, knight, Schir Robert Stewart of Schillinglaw, knicht, Schir Johnne Waus of Barnebarro, knicht, Schir Williame Greirsoun of Lag, knicht, and to James Nisbite, bailyee and burges of Edinburgh, Maister Alexander Wodderburne, clerk of Dundie, Schir Thomas Meingyeis, provest of Abirdene, James Hammiltoun, provest of Glasgow, Jhonne Osburne, burges off Air, and Schir George Bruce of Carnok, burges of Culros, whome (or any eight of thame) his majestie, with advyse foirsaid, ordanis to meit and convene togidder at suche tyme and place as they sall think expedient, and to consult and advyse togidder and to appoynt and determine upoun the most convenient meanis how the said measures and weghtis may be reduced to the conformitie aforesaid. And efter they have riplye advysed thairwith and gevin furth thair determinatioun thairanent, they sall delyver the same and whole course of thair procedingis to the commissioneris and justices of peax and to the deanes of guyild of the heid burghes of the schyires, who salbe holden carefullie to do thair diligence to see the measoures foirsaid now appoynted to have the course through all pairtis, als weill burgh as landwart. And that thair may be one constant conformitie betuix burgh and land, oure soverane lord, with advyse foirsaid, ordanis the saidis justices of peace in landwart to tak tryell of the measures and weghtis used in burgh and to tak note frome the magistratis and deanis of guyld of everie toun of the weghtis and measures and of the number thereof whiche the saidis magistrattis and deanis of guyld in burgh salbe haldin to schaw, declair and gif up to thame to the effect the saidis justices to landwart may confer the same with the standert now authorized. And where they find anye disconformitie in the same frome the said standart, the saidis justices sall informe the kingis majesties counsell thereoff that thai may tak ordoure thairwith as apperteyneth, for it is expreslie prowydit by these presentis that the saidis magistratis in burgh sall not be permitted to have or use ayne moe measures within there tounes than the number to be profest by thame and gevin up in note to the said justices to landward as said is, this alwayes being respected that gif the saidis magistratis within burgh find anye necessitie for haveing anye moe measouris then wes gevin up and used by thame before, it salbe licenced to thame to mak moe measouris, they being ansuerable and conforme to the standart and making the saidis justices to landwart forsene and acquanted thairwith and declairing the number of the measures whereoff thai find the necessitie of use.
The saidis justices salbe holden to giff command and directioun to thair constables to apprehend any suche persoun who salbe fund contempteouslie to have dissobeyed the censures off the churche, they being lauchfullie requyred to do the same.
The saidis justices of peace, als weill to burgh as land, sall conveyne and be present at the quarter sessiones of the schyre where the burgh and land lyes, geve thair oathe to the benche at their admissioun, mak thair recorde and mak payment of the fynis intromettitwith by thame as justices of peace of that schyre and to thair collectoure.
They sall appoynt a sufficient collectoure for uplifting the fynes and penaltyes whiche thai have power to impose upone anye offendar and ar to tak cautioun of him for making dew accompt.
They salhave indureing the tyme of sessiounes for everie day of thair abode (so it doe not exceid the number of three dayis at the most at one tyme) allowed to everie ane of them fourtie schillingis Scottis monie daylie to be payit and uplifted by the collectour of the fynes, bot nather earle, lord, bischope, privie counsellour or sessioner salhave anye allowance, and all suche justices as have the benefite of that allowance and salbe absent frome everie ordinarie quarter sessiones or utherwayis when he is requyred lauchfullie by the custos rotulorum to any particular meiting sall incure the penaltie of fourtie pundis Scottis monie, not being lauchfullie excusit and the excuse allowed by the rest of the justices thair assemblit.
The lordis of counsall and sessioun sall direct generall and summer chairges of horning and poynding at the instance of the collectoure appoynted in everie countye for ingathering of all fynis and penalties whatsoevir incurred upoun simple chairge of fyiftene dayes, and no suspensioun salbe granted bot upoun consignatioun of the soumes conteaned in the sentence and by finding cautioun for payment of the chairges of the justices at the modificatioun of the lordis.
The saidis commissionaris at the end of everie quarter sessioun sall send to his majesties counsall a catologue of all suche persones as they have ather committed or otherwayis put under suretye, with a schorte abbreviat of the cause thereoff, to the effect that thairupoun the counsell, as they sall think expedient, may returne to thame aganis there nixt sessiounes or to thair custos rotulorum in the meane while there further directiones.
Anent constables:
Oure soverane lord, with the advyse of his estaittis, findis and declaris that the constables ar to be maid choyse of by the commissioneris and justices of peace in thair quarter sessiounes throughout the haill cuntrie, tuo at least in everie parochin or moe according to there discretiounes, haveing consideratioun of the qualitye thereoff. In gryit tounes likwayis (not being cities nor free burghis), they ar to appoynt a number off constables proportionallie to the gryitnes thairoff, bot in all burghis regall and frie cities the constables ar to be chosin by the magistratis off the same, and they ar to indure and to be cheinged frome sex to sex monethis.
And who sall refuis to accept the chairge and not to giff his oathe for dewtiefull executioun thereoff salbe imprissoned and fynit at the discretioun of the justice off peace at their nixt sitting.
The constables sall tak the oathe following:
You sall sweare that you sall faithfullie and trewlie discharge your office of constabularie within the parochin off etc. indureing the tyme appoynted to yow, and sall not for favoure, respect or feare of anye man forbeare to doe quhat becumethe yow of your office. And above all thingis, yow sall regairde the keiping and preserveing of the kingis majesties peace and sall at everie quarter sessiounes and meitingis of justices geve trew and dew informatioune of onye breache whiche hes bene maid of his majesties peace within the boundis of your commandiment, and sall noway hyid, cover nor conceall the same nor ony of the prufes and evidences whiche yow can geve for the cleiring and proving thairoff, so help you God.
A constable may apprehend anye suspect man who for the maist pairt sleipeth all the day and walkethe in the night and carrye him to the nixt justice of peace to find suretye for his goode behaveoure, or otherwayis to be committed to prisoun. And giff he be a man of qualitye, the justice of peace sall go with the constable and doe it.
Constables sall staye and arreist all vagaboundis, sturdye beggeris and Egiptianis and carye thame before the next commissioneris of peace, who sall tak ordour for thair committing or punischment according to the statute of parliament.
Constables sall arreist all ydle persounes whome they knaw to have no meanis to leiff upoun and will not tak thame selfis to anye laboure, tred or occupatioun and sall carie thame before the commissioner off peace, who, efter examinatioune, sall ether commit thame or tak suretye of thame for their apperance at the nixt sessiounes.
Anye constable haveing apprehendit a persoun guyiltie and culpable of slauchter, murthour, theft or onye uther capitall cryme whatsoevir, sall then requyre his nightboures to assist for safe convoying of suche persounes to the nixt commissioner, who sall then examine the pairtie and sett doun his depositioune in writting to be schawin at the nixt sessiounes, and thairefter sall send him back to prisone. And gif a noble man, prelate or small barroun, or anye in thair names haveing power, sall acclame the right of jurisdictioun to proceid aganis the delinquent, the said justice sall ressave suretye of the said pairtie who requyred the defender to be delivered to him, that justice salbe dewlie ministrat, and caus deliverie off the said persone be made to him alwayis. The said commissioner of peace at the nixt sessiounes sall certefee the whole mater to the benche, to the effect they may inquyre whether justice hath accordinglie bene ministred. And giff anye fault be found, to adverteis his majesties counsell, that ordoure maye be taken therewithe.
Any of his majesties subjectis of the degree of yeamen who sall refuis or delaye to concure with the constable in the executing of his office salbe imprissoned and punisched by the commissioneris and justices. And giff he be of ane hier degree and qualitye, the constable sall informe the justice thairoff, that they mak the lordis of previe counsell acquaint; whome the estaittis ordanis to censure the offender according to the qualitie of the fault.
A constable sall arreist anye persoun of the degrie of a yeaman who salbe found weiring hagbuttis, pistolettis and daggis and sall carye thairin before a commissioner of peace who is either to tak suretye for there apperance the nixt sessioun or commit thame prisoneris till they do the same. Bot gif the persoun be of higher qualitie, the constable sall informe the justice thairoff who sall deelate the same to his majesties counsell, that ordour may be taken thairwith.
If anye partie of degrie of yeamen doe complayne to a constable that he is thretned by ane uther, then sall the constable apprehend the thretner and carie him with the pairty complaynant before the nixt commissioner of peace. And gif he refuis to go, then sall they carie him to prisone. And if he be of a heeghar degrie, the justice being informed theroff, sall informe the counsell, and in the meantyme charge the pairtye to [keep the]† peace.
All the constables (at the least one of everie paroche instructed with commissione to ansuer for the rest within the said paroche) sall attend at everie quarter sessioun, thair to gif informatione off all suche misdemaneris as have hapned in those boundis since the last sessione, and otherwayes to geve to the benche further satisfactioune in anye thing quhairin they salbe requyred, and to resave frome the saidis commissioneris at the end of the sessioun suche ordoures and directiounes as they sall then injoyne and appoynt thame to doe.
Upone the apperance of anye fraye or stirre betuix pairties, the constable may tak the assistance of his nightboures for sundering off the pairties. And giff thair be anye harme done to the constable or anye of his assistance by thame who maid the frey, they salbe punischit by the justices at the nixt sessioun, they being of the qualitie off yeomen; and being of ane heighar qualitie, the counsell salbe informit thairoff as said is.
When any had maid ane effraye and then flie to ane houis, the constable may follow to the hous and if the doeres be schute, he sall tak† notice of the maister off the hous and requyre witnes thairon. And albeit the delinquent sall flie farder without the boundis off the constables chairge, yit may the constable follow and apprehend him in a fresche persute and crave concurrence of the cuntrey to that effect.
The constables within everie parochin salbe executaris off the preceptis and warrandis off the justice of peace.
Concerning the feyis and satisfactioun to be gevin to the constables and clerkis for thair paynes, oure soverane lord, with advyis foirsaid, ordanis the saidis justices to giff up particular notes in wreat to the auditoures of his majesties chekquer of the fynes imbrocht to thame, that out thairoff suche measure and satisfactioun may be appoynted and gevin to the saidis clerkis and constables as may recompence thair travellis; wherin giff it salbe found that the saides fyines will not be sufficient, the saidis lordis of his heighnes chekquer sall appoynt suche farder satisfactioun to thame as in thair discretioun they sall think thair laboures and diligence doethe deserve and caus thame be payit of the same. And nochwithstanding of this abovewrittin act and all the particularis foirsaidis conteaned in the same, oure soverane lord, with the advyse and consent of the saidis estaitis, statutes, decernes and declairis that the erectioun of the saidis commissioneris and justices off peace and grant of jurisdictioun and priviledge to thame, nor the making nor approbatioun of the particular articles abovewrittin introduced in their favoures, nor any thing thairin conteaned, salbe in onye soirte dirogatorye or prejudiciall to the rightis, priviledgis or liberties grantit and bestowed by his majestie or his hienes royall predicessoures of before to anye of his majestyes subjectis of whatsoevir estate or qualitie, frome the heigest to the lowest, bot declairis that the saidis rightis, priviledgis and liberties sall remayne in thair awin integritie, saiff and intire and unhurt or prejudgit by the premisse or anye thing expressed in the saidis articles and everie ane of thame and ar holden as specialy reservit and exceptit out of the same.
And least this abovewrittin reservatioun suld seime altogidder to distroye the power grantit to the saidis justices, or suld beget controversie betuix thame and anye uther haveing rycht and libertie of jurisdictioun as said is, oure soverane lord, with advyse foirsaid, for removeing of all questioun whiche may arryse betuix thame thairanent, declairis that it sall not be lauchfull nor permitted to the saidis justices to mak anye citatioun of pairtie before thair court till the expyiring of the space off fyiftene dayis efter the committing of the fact for the whiche the committer is to be† conveyned; at the compleit outrynning of the whiche space, if any haveing power and jurisdictioun as said is hathe omittit and neglected to use and exerce the privilege and libertie of thair right and power, it salbe then lauchfull to the saidis justices to mak citatioun and to proceid against the pairties according to the power and authoritie gevin to thame by his hieghnes, with advyse foirsaid, and conforme to the particular articles abovewrittin in all poyntis, and no utherwayis.
Which all and sindrie the premisse, oure soverane lord, with advyse and consent foirsaid, ratefies and apprevis in all poyntis in maner as the same proportis and gevis to thame the strenthe and force of actis and ordinances off parliament; and ordanis executioun to pas upoun the same as effeiris.
[1617/5/23]*[print] [email] [cite] [preceding] [following]
Forsomuche as by diverse and sindrie actis of parliament maid of before anent the ordoure and maner of teynding of coirnis, and speciallie by the eight act of his majesties eightene parliament holden at Peirth, upoun the nynt of Julii 1606, and sensyne by the fyirst act of the tuentie ane parliament holdin at Edinburgh, upoun the 23 day of October 1612, the maner and forme of teynding and the tyme and space appoynted for requisitioun to be maid for the same is at lenth sett doun, in the whiche actis it is statute and ordaned that all coirnes salbe teyndit at thrie severall tymes in the yeir gif the owneris thairof thinkis expedient, to wit: the croft infeild corne at one tyme, the beir at ane uther tyme and the outfeild corne at the third tyme, as the saidis actis proportis. Nevirtheles oure soverane lord, for the gryiter weall and ease of his majesties liegis, finding it requisite that the former actis be alterit in the poyntis following for setling of a cleare and certane ordoure to be heirefter observed in all teynding of coirnes, hathe, with advyse and consent of the estaitis of parliament, statute and ordanit that it salbe lauchfull to all heritoures and laboreris of the ground, eight dayes being expyred efter the compleit scheiring of everie ane off the thrie soirtes of coirnes abovewrittin, to requyir the owner of the teynd at his duelling place within the parochin, and incace of his not duelling thairin for the tyme, his factoure and servand or uther persoun who is ordined to be constitute and speciallie designed be him in maner eftermentionat upoun the premonitioun of four dayes, to cum and mak lauchfull teynding of the saidis coirnes. Who failyeing to doe the same, and nather the awner of the teynd his selff nor the uther persoun appoynted to be designed by him as is underwrittin cuming and making the said thankfull teynding, being so lauchfullie requyred, oure soverane lord, with advyse and consent of the saidis estaittis, declairis that it salbe lauchfull to the saidis heritoures and laboreris of the ground to seperate the stock frome the teynd and to leid and carye thair stok away and ather to stack the same within their barne yairdis, or to place the same in thair barnes, leving the teynd upoun the ground, whiche they salbe holdin to preserve and keip undistroyed or eatin by beastis for the space of aucht dayis efter the expyring of the tyme of the said requisitioun. Whiche coirnis being so led and stackit or placed in barnis, and the teynd being left on the ground and preserved as said is, oure soverane lord, with advyse and consent foirsaid, declairis it salbe sufficient to liberat thame off all danger of spoilyee or wrangous intromissioun whiche may be moved aganis thame thairfore in anye tyme to cum. And for moir cleir explanatioun of the premisse, statutes and ordanis the owner off the saidis teyndis gif he have not his duelling within the said parochin (whose duelling thair wald requyre premonitioun to be maid to him selff at his duelling place as said is), to designne a speciall servent and factoure for him to quhome the said premonitioun salbe maid in his absence, who sall have his remaning ather in sume certane hous within the parochin or in the nixt most ewest and adjacent clachane, whose name and particular place of residence the said owner of the teindis sall caus publictlie intimat in the paroche kirk ather upoun the last Sonday of Julii or the first Sonday of August yeirlie in presens of the minister of the parochin and parochoneris, that no ignorance may be pretendit theroff; whiche factoure so designed salbe warnit ather personallie (gif he can be apprehendit) or by intimatioun to be maid to the minister of the paroche and at the foirsaid place to be designed for the factoures remaning. Whiche requisitioun so made, oure soverane lord, with adwyis foirsaid, declairis salbe als sufficient as giff the samen wer maid to the teynd maister him selff, lyik as it is declared that incace of the teynd maisteris not duelling within the parochin as said is (if the said designatioun be not made of the said factoures name and place of remaning at the tyme and in maner as is before ordanit), it salbe then also lauchfull (the saidis eight dayes and foure dayes being bypast) to the owneris of the cornes to separate the stok frome the teynd and to leid, stack and place thair stocke in thair barnes or barneyairdis as said is, leving the teynd upoun the ground and preserveing the same in maner before specified; whiche being done, they salbe likwayes frie of all actioun of spoilyie or wrangous intromissione whiche they thairby may incure. It is alwayis prowydit by oure soverane lord, with advyis of the saidis estaittis, that whereas by this act and statute requisitioun is not† ordanit to be made till the expyring of eight dayis efter the compleit scheiring of everie one of thrie soirtis of the coirnes before specified, yit nochtwithstanding thairof, the saidis estaittis declairis that albeit the tent pairt of everie sorte of the saidis coirnes or about the tent pairt be standing unschorne and uncuttit down, the not scheiring of that quantitie salbe no caus nor impediment to staye the owner to mak the requisitioun, nather sall the same furneis anye lauchfull excuis to the teind maister upoun the pretext wheroff he suld refuis teynding for the rest, bot declairis this act to be effectuall and to have the awin force, albeit the tenth pairt or about the same remayne unschorne as said is, the saidis heritoures or laboreris useing the lyik ordoure of requisitioun thairefter for teynding of the saidis unschorne coirnes the tyme when the same ar reddye.
[1617/5/24]*[print] [email] [cite] [preceding] [following]
Forasmuche as their hathe bene dyveris worthie lawis and statutes maid by his majestie and his hienes predicessoures for restrayning of ydle and maisterfull beggaris, and that nochwithstanding thairoff, the number of the saidis beggaris hathe daylie incresced more and more; and his majestie and estaittis, considering that the caus of the multipleing of the saidis beggeris hathe and doth proceid frome this ground: that no ordoure hathe bene takin in bygane tyme with the poore childrene and orphanes borne of poore and indigent parentis, who, being tollerated or neglected at thair first entrie to begging, doeth contract suche a custome and habite that hardlie they can be drawin thairefter to any uther calling; wheras giff the saidis childrene wer in thair tender yeiris put to wark and employed and traned up in anye commendable labour, micht thairefter not onlie releve the cuntrey of thair chairgis, bot also prove proffitable to the commoun wealthe; whiche might be easielie performed gif the saidis poore childrene wer takin aff the handis of thair parentis by soume of his majesties weill affected subjectis in particular, or by any of the incorporatiounes and burghis within this his majesties kingdome in commone, and imployed in some calling or vocatioun that might tend to the guide of the realme. Thairfore his majestie, with advyse and consent of the estaittis, doeth in most eirnest mainer recommend to all his hienes luiffing subjectis, requesting thame as they tender the goode and honoure of the realme, to receave within thair houses and famelie and to tak upoun thair care, intertenement and educatioun sum of the saidis puir and indigent childrene, one or moe, everie persoun according to his power and facultye. Lyik as his majestie, with advyse foirsaid, for the further securitie of his hieghnes subjectis, findis and declairis that it salbe lauchfull to his hienes subjectis to tak the saidis poore childrene in thair power, houses and famelie to be educate and brocht up be thame ather in thair houses, or to be put by thame to suche craftis, callingis and vocatiounes, ather within the cuntrey or without the same as they pleis, whiche childrene so receaved salbe obleist and bound as servandis to the receaveris in maner and during the tyme efterspeit. It is alwayis declaired that the conditiounes of the saidis childrene whiche salbe so receaved by his majesties liegis and the maner of thair delyverie to thame salbe as followeth: that is to say, that thai be suche as who salbe found and tryed to be poore and indigent and to have no meanis for thair intertenement, and that by the declaratioun of the provest and bailyeis and by the sessioun of the kirkis within burgh, or by ather of thame, and the sessiounes of the kirkis in landward where the saidis pure childrene remanis or ar found to be for the tyme. And gif the saidis pure childrene be within the aige of fourtene yeiris, they salbe delyverit to his hienes subjectis by the magistrattis within burgh or by the sessioun of the kirk and parochin where they remayne with consent of thair parentis, gif thai have any knawin within the parochin for the tyme; utherwayis salbe delyvered by the saidis magistrattis and sessioun of the kirk alone or uther of thame as said is. And if they be past the aige of fourtene yeiris, that thair awin consent salbe takin thairto by the advyse of the saidis magistrattis and sessioun of kirk, or ather of thame as saidis, who, at the delyverie of the saidis poore childrene to his hienes subjectis, sall gif a testimoniall under thair or thair clerkis hand writtis of the estate, qualitie and conditioun foirsaid of the saidis poore childrene and of their delyverie to their maisteris. Whiche testimoniall of the saidis provest, bailyeis and sessioun of the kirkis beiring the said tryall and delyverie, his hienes, with advyse and consent of the estaittis foirsaidis, findis and declairis salbe a sufficient warrand to the receaveris for bruiking of the benefite of this present statute. And to the effect his hienes subjectis may be moved heirto by the expectatioun of commoditie and advantage whiche they may reape by the laboures and service of the saidis poore childrene, his majestye, with advyse of the saidis estaittis, statutes and ordanis that the saidis poore childrene ressavit by any of his hienes subjectis upoun the testimoniall of provest, bailyeis or sessioun of kirkis in maner abovespecified salbe bund and astricted to thair saidis maisteris, thair airis and assignayis in all kynd of service whiche salbe injoyned to thame untill they pass the aige of threttie yeiris compleit; and that thai salbe under discipline to thair saidis maisteris and thair foirsaidis and subject to thair correctiounes and chasteismentis according to the merittis of thair offences in all maner and sorte of punischment (the lyiff and tortoure excepted). Lyik as it is declared that whatsoevir the saidis servantis gaynis or wynnis be thair travellis during the said space, sall appertene properlie to thair said maister and thair foirsaidis. And giff it salhappin the saidis servantis to absent thame selffis frome thair saidis maisteris service without thair licience, than and in that cace they salbe obleist to refound to thair saidis maisteris the haill damnadge and interesse sustened by thame throche thair absence upoun the declaratioun of the saidis maisteris without any farder probatioun, by and attoure the bodielie punischment to be layed upoun thame at thair returneing by the discretioun of thair saidis maisteris. And gif it salhappin thame to be ressavit by any uther persone, the saidis receptoures salbe obleised to restore thame agane to thair saidis maisteris within tuelff houres efter they be requyred to that effect personallie or at thair duelling places in presens of a notare and tuo witnesses. And gif they failyie, they sall pay ten schillingis efter† everie requisitioun daylie ay and till they be restored, and that with out† prejudice to the saidis maisteris to call and persew for delyverie of their said servantis before the ordinarie judge as accordis of the law, and for the damnage and skaithe sustenit be thame throw the want of thair saidis servandis during the space of thair absens efter the said requisitioun.
[1617/5/25]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of parliament, ratefies and approvis the letter of nominatioun maid by his hienes derrest spous, Anna, by the grace of God, quene of Gryit Britane, France and Ireland, of the dait the xxvj day of Apryill lastbypast, whereby hir majestye, with his hienes consent, hathe nominated and appoynted Schir George Hay of Nethirliff, clerk of the register, Schir Williame Oliphant of Newtoun, knicht, oure soverane lord advocate, Schir Alexander Drumond of Medope, knicht, and Schir Williame Seytoun of Kyilismure, knicht, to be foure of hir majesties counsell in place of the uther foure of before deceissed, and hath adjoyned thame to the uther thrie of hir majesties counsell as yit alyve, to wit: Alexander, erle of Dumfermeling, chancelar, Thomas, lord Bynning, secretarye, and Schir Petir Young, elymosiner to his majestie, as in the said lettre of nominatioun of the date foirsaid at more lenthe is contenit. And his majestye, with advyse of the estaittis foirsaidis, willis, declaris and ordanis that the saidis counselleris (at the least foure of thame, the said lord chancelare being alwayis one of the said four) salhave the guyding, governament and administratioun of the estate, leving and effearis appertening to his hienes said derrest spous within the kingdome of Scotland in the same maner and forme as is sett down in the act of parliament maid in the moneth off Julii 1593 yearis, and under the provisiounes and conditiounes expressed in the said act of parliament whiche his majestie, with advyse foirsaid, haldis as heirin exprest. And when it salhappin anye of the saidis sevin counselloures, one or moe, to depart this lyiff, his majestie, with advyse foirsaid, willes and grantis that it salbe lauchfull to his hienes to nominat and appoynt utheris in place of the persounes deceissand to the effect abovecontened. Lyik as his majestie, with advyse aforesaid, now as gif the said nominatioun wer maid and then as now, ratefied and apprevis the same and declairis the same to be als valide and effectuall as giff the samyne wer maid with consent of his hienes and advyse of the estaittis foirsaidis.
[1617/5/26]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considering the gryit prejudice whiche his majesties liegis sustenis in thair landis and heretages, not onlie by the abstracting, corrupting and conceilling of thair trew† evidentis in thair minoritie and les aige and by the omissioun thairof, by the injurie of tyme, throche warre, plauge, fyir or suche lyik occasiounes, bot also by the counterfutteing and forgeing of fals evidentis and wreatis and concealling of the same to suche a tyme that all meanis of improving thairof is takin away, whereby his majesties liegis ar constitute in a gryit uncertantie of thair heretable rightis and divers pleyis and actiounes ar moved aganes thame efter expyring of threttie or fourtie yearis, whiche nevirtheles by the civill law and be the lawes of all natiounes ar declaired voyde and uneffectuall; and his majestie, according to his fatherlie care whiche his majestie hath to ease and remove the greivis of his subjectis, being willing to cutt aff all occasiounes off pleyis and to put thame in certantie of thair heretage in all tyme cuming, thairfore his majestie, with advyis and consent of the estaittis of parliament, be the tennour of this present act, statutes, findis and declairis that whatsoevir his majesties leigis, thair predicessoures and authoures hath bruikit heirtofore, or salhappin to bruke in tyme cuming by thame selfis, thair tennentis and utheris haveing thair rightis, thair landis, baronyes, annuelrentis and uther heretage by vertew of thair heretable infeftmentis maid to thame by his majestie, or utheris thair superioures and authoures for the space off fourtye yearis, continewallie and togidder following and insewing the date of thair saidis infeftmentis, and that peciablie without anye lauchfull interruptioun made to thame thairin during the said space of fourtie yeiris, that suche persounes, thair heiris and successoures sall nevir be trublit, persewed nor inquyeted in the heretable right and propertie of thair saidis landis and heretages foirsaidis by his majestie or utheris thair superioures and authoures, thair heiris and successoures, nor by anye uther persoun pretending right to the same by vertew of prior infeftmentis, publict or private, nor upone no uther ground, reasoun or argument competent of law, except for falshoid, prowyding they be able to schaw and produce a chartoure of the saidis landis and utheris foirsaidis grantit to thame or thair predicessoures by thair saidis superioures and authouris preceding the entrie of the saidis fourtie yeiris possessioun, with the instrument of seasing following thairupoun; or where there is no chartoure extant, that thai schaw and produce instrumentis of seasing, ane or moe, continewed and standing togidder for the said space of fourtie yearis, ather proceding upoun retoures or upoun preceptis of clare constat, whiche rightis his majestie, with advyse and consent of the estaittis foirsaidis, findis and declairis to be goode, valide and sufficient rightis (being cled with the said peciable and continewall possessioun of fourty yearis without any lauchfull interruptioun as said is) for bruiking of the heretable right of the same landis and utheris foirsaidis. And siclyik his majestie, with advyse foirsaid, statutes and ordanis that all actiounes competent of the law upoun heretable bandis, reversiounes, contractis or utheris quhatsoevir, ather alreddie maid or to be maid after the date heiroff, salbe persewed within the space of fourty yearis efter the date of the same except the saidis reversiounes be incorporat within the bodye of the infeftmentis useit and produced by the possessoure of the saidis landis for his tytle of the same, or registrat in the clerk of register, his bookis. In the whiche cace, seing all suspicioun of falsehoode ceases most justlie, the actiounes upoun the saidis reversiounes ingrossed and registrat ought to be perpetuall. Excepting alwayis from this present act all actiounes of warrandice whiche sall not prescryve frome the date of the band or infeftment whereupoun the warrandice is socht, bot onlie frome the date of the distres whiche sall prescryve, it not being persewed within fourtie yearis as said is. And siclyik it is declared that in the course of the saidis fourtie yearis prescriptioun the yeiris of minoritie and les aige sall nowayis be compted, bot onlie the yearis dureing the whiche the pairteis aganis whome the prescriptioun is used and objected wer majores and past xxj yearis of aige. And his majestie, being carefull that no persoun who hath anye just claime be prejudgit in thair actiounes by prescriptioun of fourtye yearis alreddie rune and expyred before the date of this present act, hathe, with advyse foirsaid, granted full libertie and power to thame to intent thair saidis actiounes within the space of threttene yeiris nixt following the date heiroff, whiche salbe als effectuall as gif the samen had bene intentit within the said space off fourtie yearis prescryved be this present act; efter the expyring of the whiche threttene yearis this present act salhave full force and effect efter the tennoure thairoff in all poyntis. And nevirtheles, it is declared that the persounes at whois instance the foirsaidis actiounes salbe moved and intented within the said space of threttene yearis sall not be compelled to insist in the saidis actiounes at the desyre of thair pairties upoun the first summondis and citatioun thairoff onlie, except the saidis first summondis be called and continewed and the defenderis of new summondit thairby. In the whiche cace and no utherwayis, it is declared that they may be compelled to insist at the instance of the pairtie haveing enteres.
[1617/5/27]*[print] [email] [cite] [preceding] [following]
Forsasmuche as by act of parliament maid by his majestyes most noble progenitoure King James the fourt of worthie memorie upoun the xiij day off Junii 1494, it was statute and ordanit that all summondis of erroure or inordinat proces be persewed within the space of thrie yearis efter the determinatioun of the inquest or service, the pairtye being of lauchfull aige and within the realme, utherwayis to prescryve, as in the said act and statute at more lenth is conteaned; and becaus the trew meaning and intentioun of the said act wes that oure soverane lordis liegis being upoun the said inquest and service suld not ly under the payne and danger of erroure efter the space of thrie yearis and nowayis to hurt or prejudge the righteous hair or nerrest of kin who, by the law of God and man, wes to succeid in the right of blude and successioun to thair predicessoures and to thair landis and heretages jure sanguinis, thairfore oure said soverane lord, with advyse and consent of the estaittis foirsaidis, statutes and ordanis that the said act of parliament sall no wayis hurt nor prejudge the nearest of kyne to seik reductioun of the saidis retoures and service to be past and exped in tyme cuming, and that within the space of tuentye yeiris immediatlie following the date of the saidis retoures and services; and gif the saidis summondis of reductioun beis not intentit, execute and persewed before the expyring of the saidis tuentye yeiris, that the said actioun of reductioun off the said retoure and service sall prescryve in the selff and no pairtye to be hard thairefter to persew the same reductioun; and als declairis that heirefter it sall nawayes be lauchfull to persew the persounes of inquest for wilfull erroure except they be persewit thairfore within the space off thrie yeiris nixt efter the date of the said retoure and service. It is alwayis declared that these presentis sall nowayis be prejudiciall to whatsoevir persounes who have acquyred richtis of landis and heretages before the date heirof bona fide frome persounes alreddie retoured thairto in any tyme bigane, bot the saidis persounes who have bona fide acquyred to bruke thair rightis according to the law than standing.
[1617/5/28]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding a gryit number of ignorant pepill the tyme of thair seiknesses and disease, or utherwayis at the making of thair testamentis and lettir willis, do nominate certane strangearis to be thair exequutoures, meaning onlie to commit the care of thair goodis and diligent ingetting thairoff to the saidis strangeris, and that to the behove of thair childrene or uther persounes who ar neirest of kin, wheras be the contrarye the said office of executorie, by the interpretatioun now observed, doeth carie with it the haill proffite and commoditie off the defunctis pairt of the guidis conteaned in testament, whiche his majestie findis to be altogidder aganis law, conscience and equitie; thairfore his majestie, with advyse and consent of the estaittis of parliament, findes and declairis that all exequutouris alreddie nominate in anye testament not as yit confermit, or to be nominat in anye testament to be made heirefter, ar and salbe obleisit to mak compt, rekning and payment of the whole goodis and geir pertening to the defunct and intromettit with by thame to the wyiff, childrene and nerrest of kyne according to the divisioun observit by the lawes off this realme, reserving onlie to the saidis exequutouris the third of the defunctis pairt, all dettis being first payit and deduced, without prejudice alwayis to the saidis exequutoures of whatsoevir legacyes left to thame by the saidis defunctis whiche sall nowayis be prejudgit be this present act, bot the saidis exequuteris sall have full right to thair saidis legacyes, albeit the same exceid the said third of the defunctis pairt. And incace the saidis legacies exceid the whole third pairt, the saidis exequutouris sall have right to the whole legacie and no pairt of the third, with this expres declaratioun: that quhair legacies ar left to the exequutouris, they sall not fall bothe the saidis legacies and a third by this present act, bot the saidis legacyes salbe impute and allowed to thame in pairt of payment of thair third.
[1617/5/29]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, haveing considderit that thair hathe bene dyvers questiounes moved before the lordis of his majesties counsall and sessioun tuicheing the escheat of lyverent takis of landis and teyndis fallin by the rebellioun of the persounes to whome the same appertenethe, and that it hath not yit bene clearlie decyidit whether a lyifrent tak suld fall under the gift of a simple escheate or not, for the better clearing wheroff in all tyme cuming, oure soverane lord, with advyse of the estaittis of this present parliament, declairis, statutes and ordanis that lyferent takis of landis or teyndis sall not fall under a simple gift of escheate bot under the gift of a lyifrent escheat onlie. And farder, incace any tak sett of landis or teyndis conteane moe lyverentis nor one, and that the persone to whome the said tak apperteneth in lyverent be rebell attoure the space of yeir and day, whereby he losses his lyverent of the said tack, it is heirby declarit that the remanent lyverentaris conteaned in the said tack, nor the airis or assignayis of the rebell who have right to the said tak efter the said rebellis deceis, sall not be prejudgit by the said lyverentaris rebellione, so that efter his deceis, the said persoun haveing richt to the saidis takis sall bruik and injoye the same, nochtwithstanding the said lyverentaris rebellioun attoure the space of yeir and daye; whiche rebellioun sall prejudge him selff onlie and no uther persoun succeding to him in the right of the said tack.
[1617/5/30]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considdering the gryit hurt sustened by his majesties liegis by the fraudulent dealing of pairties who, haveing annaliet thair landis and ressavit gryit soumes of money thairfore, yit, be thair unjust concealing of sum privat right formarlie made by thame, rendereth subsequent alienatioun done for gryit soumes of money altogidder unproffitable, whiche can not be avoyded unles the saidis privat rightis be maid publict and patent to his hienes liegis; for remedie whereoff, and of the manye inconvenientis whiche may ensew thairupoun, his majestie, with advyis and consent of the estaittis of parliament, statutes and ordanis that thair salbe ane publick register in the whiche all reversiounes, regresses, bandis and writtis for making of reversiounes or regresses, assignatiounes thairto, dischargis of the same, renunciatiounes of wodsettis and grantis off redemptioun, and siclyik all instrumentis of seasing, salbe registrat within thriescore dayes efter the date of the same. It is alwayis declared that it sall not be necessar to registrat anye bandis and wreatis for making of reversiounes or regresses unles seasing pas in favoures off the pairties makeris of the saidis bandis or writtis, in the whiche cace it is ordaned that the samen salbe registrat within thriescore dayes efter the date of the seasing, the extract off the whiche register sall mak faith in all caces except where the writtis so registrated ar offered to be improvin. And gif it salhappin any of the saidis writtis whiche ar appoynted to be registrat as said is not to be dewlie registrat within the said space of thriescore dayes, then, and in that cace, his majestie, with advyse and consent foirsaid, decernis the same to mak no faithe in judgment by way off actioun or exceptioun in prejudice of a third pairtie who hathe acquyred ane perfyit and lauchfull right to the saidis landis and heretages, but prejudice alwayis to thame to use the saidis writtis aganis the pairtye maker thairof, his heiris and successoures. It is alwayes declared that this present act sall nowayis be extendit to instrumentis of seasing and reversiounes thairin contened gevin be provestis and bailyeis of frie burghis royall of landis lyand within thair libertyes and friedomes haldin be the saidis burghis in frie burgage of his majestie, nor to na uther heretable writtis thairoff, nor yit to reversiounes incorporat in the bodye of the infeftmentis maid to the persounes aganis quhome the saidis reversiounes ar useit. It is also declaired that gif anye renunciationes or grantis of redemptioun whiche salhappin to be consignit in proces betuix pairties salbe registrat within thriescore dayes efter the daittis of the decreitis, whereby the same salbe ordaned to be gevin up to the pairties haveand right thairto, the same salbe sufficient. And to the effect the said register may presentlie and in all tyme cuming be the moir faithfullie keipit, thairfore oure said soverane lord, with advyis and consent foirsaid, statutes and ordanis the same registeris and registratiounes foirsaidis to be insert thairin to appertene and belang to the present clerk of register and his deputtis to be appoynted be him to that effect, and decernis and ordanis the same registeris to be annexed and incorporated with the said office, and that the clerk of register present and to cum have the said office as ane proper pairt and pertinent of the clerk of register, his office, mak and constitute particular deputtis, ane or ma, for all the dayis of thair lyiftymes, or utherwayis as he sall think expedient, of guid fame, literature and conversatioun, for quhome he salbe ansuerable, and who salbe resident within the tounes and places efter specifit at all tymes to receave fra the pairties thair evidentis and to registrat the same within the space of fourtie aucht houres nixt efter the recept thairoff, and to engrose the haill bodie of the write in the register under the payne of deprivatioun of the clerk of his place and service and of the office of notarie in all tyme thairefter; and within the same space sall delyver to the presentar of the samen the evidentis markit be him with the day, moneth and yeir of the registratioun and in what leaff of the booke the same is registrat, and sall tak allanerlie for his paynis tuentie sex schillingis, aucht pennyes money of this realme as for the price of ilk leafe of his register, conteaning no les then in this present act; and incace the leafe conteane less, to tak les accordinglie and so proportionallie for everie page of the leaff and parte of the paige, and according thairto sall tak for registring of everie ane of the saidis evidentis; and the saidis registeris to be filled be the saidis deputtis, to be marked be the clerk of register and his deputtis to be appoynted be him to that effect with ane note of the particular number of the leiffis that the same sall conteane, and the saidis registeris, efter the filling of the same, to be repoirted to the said clerk of register to remayne with him and his deputtis and be patent to all oure soverane lordis liegis and extractis thairoff to be gevin be him and his deputtis to be appoynted by him during all the dayis of thair lyvetyme or utherwayis as he sall think expedient for that effect, to all have adoe with the same, whiche sall mak als gryit faithe as the principallis, except incace of improbatioun. And the saidis registeris for the gryiter ease of the liegis to be establisched in the particular places following, that is to say: ane†in the toun of Kirkwall in Orkney for the haill landis lyand within the boundis of the schirrefdomes of Orkney and Zetland; and ane in the burgh of Invernes for the haill landis lyand within the schirrefdomes of Invernes and Cromartye; ane in the burgh of Elgene for the haill landis lyand within the boundis of the schirrefdomes off Forres and Nairne; ane in the burgh of Abirdene for the haill landis lyand within the boundis of the schirrefdomes of Abirdene, Banff and Kincairdin; ane in the burgh of Dundye for the haill landis lyand within the boundis of the schirrefdome off Forfare; ane in the burgh of Peirthe for the haill landis lyand within the schirrefdome of Pearthe and stewartrie of Straitherne (exceptand the stewartrie of Monteith); ane in the burgh off Sterling for the haill landis lyand within the boundis of the schirrefdomes off Sterling, Clakmannane and stewartrie of Monteith; ane in the burgh of Coupar in Fyiff for the whole landis† lyand within the boundis off the schirrefdome off Fyiff and Kinroscher; ane in the burgh of Edinburgh for the haill landis lyand within the boundis of the schirrefdomes of Edinburgh principall, constabularie of Hadingtoun, Linlithgow and Bathgate; ane in the burgh of Lauder for the haill landis lyand within the schirrefdome of Beruick and bailyerie of Lauderdaill; ane in the toun of Selkirk for the haill landis lyand within the schirrefdomes of Roxburgh, Selkirk and Peiblis; ane in the town of Hammiltoun for the haill landis lyand within the boundis of the schirefdome of Lanerk (exceptand the burgh and baronye of Glasgow); ane in the citie of Glasgow for the haill landis lyand within the boundis of the schirrefdome of Renfrew and baronie of Glasgow; ane in the burgh off Dunbartene for the haill landis lyand within the schirrefdome of Dunbartene, Bute, Argyill, Arrane and Tarbett; ane in the burgh of Air for the haill landis lyand within the boundis off the schirrefdome of Air, bailyerie of Kyill, Carrick and Cunninghame; ane in the burgh off Wigtoun for the haill landis lyand within the boundis of the schirefdome of Wigtoun; ane in the burgh of Dumfreis for the haill landis lyand within the boundis of the schirefdome of Dumfreis, stewartries of Kirkcudbright and Annandaill; or in any uther place or places more convenient as the clerk of register sall think most expedient, dew intimatioun being maid to the liegis of the same. And the saidis evidentis to be registrat in the particular bookes appoynted for the landis within the boundis of ilk schirrefdome, stewartrie and bailyerie as said is, or in the optioun of the pairtie in the bookes of register or sessioun keiped be the said clerk of register him selff or his deputtis to be appoynted by him during all the dayis of thair lyiftyme, or utherwayis as he sall think expedient to that effect in Edinburgh. And oure said soverane lord, with advyse and consent of the estaittis, decernis and declairis this present act to have the force, strenth and effect of ane decreit and stattute of parliament, whiche sall have force, strenth and executioun according to the tennoure thairoif in all tyme to cum; ordaning publicatioun to be maid of the same in forme as effeiris.
[1617/5/31]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considering the gryit abuse and corruptioun useit in finding of cautioun to messingeris for lowseing of arreistmentis in tymes bigane, whereby his hienes liegis have bene heavilie prejudgit, the receaving of the said cautioun being committit to whatsoevir messinger of armes the pairtie pleaseth to chuse, who, at the desyre of the pairtie for the most pairt, receaveth irresponsall cautioneris and thairefter quhen cautioun is found, thair is no warrand thairof gevin to the pairtie arreistar bot onlie a tikkett under the messingeris stampe and subscriptioun beiring him to have loused the arreistment and to have ressavit suche a persoun cautioner, whiche tikkett is not sufficient of the law to furneis actioun aganis the saidis cautioneris without productioun of the principall bandis gevin to the said messinger ressaver of the cautione; whiche band, gif anye wer takin, remanis in the handis of the messinger and is ather lossed by negligence or absented by malice, whereby the pairtie is altogidder prejudgit of his actioun whiche he had aganis the cautioner who wes found for lousing of the arreistment; for remedy whereoff, oure soverane lord, with advyse and consent of the estaittis of parliament, statutes and ordanis that all billis and supplicationis for lousing of arreistmentis whiche salbe past and delyvered by the lordis of counsell in tyme cuming salbe past upoun cautioun to be found in thair buikis, and ordanis the clerk of the billis to ressave the said cautioun before the geving out of the same for raising of letteris thairupoun. And gif anye arreistmentis be utherwayis lowsed, the same to be null and ineffectuall.
[1617/5/32]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, considdering that the forrestis within this realme in the whiche deare ar keipit ar altogidder wasted and decayed by scheilingis, pasturing of horsis, mearis, cattell, oxin and uther bestiall, cutting of woddis within the boundis of the saidis forrestis, schuteing and slayeing of deare, venesone and wyild foulles with hagbuttis and with dogges in foirbiddin tyme; and albeit thair hathe bene divers and sindrie lovable actis, lawis and statutes maid for punischeing the transgressouris off the same actis, yit the same hathe not bene put to dew executioun in tyme bygane, inrespect the keiparis of the saidis forrestis under his majestie and utheris haveand right thairto by vertew of thair infeftmentis had no power nor jurisdictioun to punische the saidis transgressouris; thairfore oure said soverane, with advyse of the estaittis of this parliament, willis and ordanis in all tyme cuming that the keiparis of the saidis forrestis and utheris heavand rycht by thair infeftmentis as said is salhave full power, priviledge and jurisdictioun to call, convene and persew before thame quhatsumevir persoun or persounes that salbe fund heirefter to transgress the saidis actis and statutes, sitt and hold courtes thairanent, and to put thame to the tryell of ane inquest, and being fund guyltie, to put the saidis actis to full executioun in thair contrair efter the forme and tennour thairoff in all poyntes, to witt: the slayeris and schutteris of dear, rea and wyild foulles, being landit men, under the payne of fyve hundereth merkis, and everie unlandit man being responsable, under the payne of ane hunderethe merkis; and gif he be not responsable, under the payne of warding and punischment of his persoun conforme to the former actis made thairanent, and the owneris and imputtaris of the guidis and bestiall within the saidis forrestis and cutteris of wode under the payne conteanit in the former actis maid thairanent and conforme to the provisioun of the samen actis.
[1617/5/33]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of this present parliament, considdering the gryit inconveniences sustenit by the liegis of this realme throw the frequent building of doucattis by all maner of persounes in all the pairtis thairoff, statutes, declairis and ordanis that heirefter no persoun, nor persounes, salhave power, libertie or priviledge to build a doucat upoun ony landis within this realme, nather within burgh nor in the cuntrie, except that persoun, buildar of the doucatt, have landis and teyndis pertening to him extending in yeirlie rent to ten chalderis victuell nixt adjacent to the said doucatt (at the least lying within tua myillis to the same); and als declaris that it sall nowayis be lauchfull to the persoun foirsaid worthe in yearlie rent the foirsaidis ten chalderis victuel to builde moe doucattis upoun and within the boundis foirsaidis except one doucate onlye.
[1617/5/34]*[print] [email] [cite] [preceding] [following]
It is statute and ordanit by oure soverane lord, with advyse and consent of the estaittis of parliament, for the restraynt of the vyild and destable vyce of drunkenes daylie increscing to the heigh dishonour of God and gryit harme of the haill realme, that all persounes lauchfullie convict of drunkines or of hanting of tavernis and ailhouses efter ten houres at nycht, or ony tyme of the day, except in tyme of travell or for ordinarie refreschment, sall for the first fault pay thrie pundis, or incace of inhabilitye or refusall, to be put in joggis or jaill for the space of sex houres; for the secund fault, to pay fyve pundis, or incace of inhabilitie or refusall, to be keipit in the stokis or jaill for the space of tuelff houres; and for the third fault, to pay ten pundis, or incace foirsaid, to be keipit in stokkis or jaill for the space of xxiiij houres; and thairefter, gif they transgres, to be committit to jaill quhill they find cautioun for thair guid behaveour in tyme cuming. And for the bettir executioun of these presentis, speciall power and commissione is gevin, grantit and committed to all schirreffis, stewartis, provestis and bailyeis, justices of peace and kirk sessiounes within everie parochin to call, conveyne and try the foirsaidis persones, unlawis to uplift, et ad pios et necessarios usus in everie paroche to apply, and all and sindrie utheris thingis to do and exerce whiche necessarlie is requyrit for executioun of these presentis.
[1617/5/35]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis, understanding and considdering the gryit hurt and skayth whiche his majesties liegis have susteyned these many yearis bygane by the cheiffis off clannis within the hielandis and yles of this kingdome by the unlauchfull taking frome thame, thair childrene and executouris efter thair deceis under the name of caulpes off thair best aucht, quhither it be ox, mear, hors or cow, alledgeing thair predicessouris to have bene in possessione thairoff for mantening and defending of thame aganis thair enemies and evil willaris of old; and not onlie ane of the saidis cheiffis of clannis wilbe content to uplift his caulp, bot also thrie or four moe, everie ane of thame will alledge bettir right nor uther, and everie ane of thame efter ane uther will uptak the same untill four or fyve severall caulpes wilbe takin frome ane persoun howbeit nevir one of the saidis clannes have right thairto, or to the landis whiche the persounes occupies quhairfra the caulpes ar uplifted. And so seveir ar they that everie ane of thame efter ane uther will pull thair horsis and oxin out of thair pleughis and harrowes in the verie tyme of thair gryitest bussines and laboures, so that manye of his majesties subjectis whiche of old wer inriched with sufficient store of goodis and bestiall and thairby made his hienes and utheris haveing richt thankfull payment of thair maillis, kaynes and dewties indebtit be thame yeirlie to his majestie and utheris haveand right, ar now by the extorsioun of the saidis cheiffis of clannes and utheris haveing right to the saidis caulpes and by unlauchfull raising and uplifting thairoff becum depauperat and unable to pay his majestie and utheris haveand goode right thair just dewties. And seing thair wer ane act made heirtofore in favoures of the inhabitantis of Galloway by his hienes predicessour King James the fourt of worthie memorie in his secund parliament and the eightene cheptour thairoff dischargeing the saidis caulpis and uptaking thairoff in all tyme cuming thairefter under the payne of punischment as reafe, and to be ane poynt off dittay aganis thame in the justice aire, thairfore oure said soverane lord, with advyse of the estaittis of this present parliament, statutes and ordanis that in no tyme cuming none of his hienes liegis presume nor tak upoun hand to intromet with nor uplift the saidis caulpis within anye pairt of this kingdome under the payne foirsaid.
[1617/5/36]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding that that pairt of the act of parliament maid in Julii 1587 yeiris, chap. 45, intitulated 'When, who and how notaris suld be admitted and of thair cautioneris and prothogollis', quhairby it wes statuted and ordanit that all prothogoll buikis off notaris suld be within fyiftene dayes efter the deceis of the notar brocht in to Edinburgh and deliverit to the clerk of register, or ane of his deputtis appoynted by him for that effect, hath not bene pute to dew executioun in tyme bypast, quhairthrow his majesties liegis have sustenit gryit hurt and damnage in so far as a gryit pairt of the prothogollis ar vitiat and destroyit by ryveing out of the levis furth of the saidis prothogollis, inserting and writting of fals instrumentis upoun the blank peper contenit in the saidis prothogollis, and siclyik by inserting of scheittis and quairis of new peper quhairupoun instrumentis ar falsiefied by alteratioun of the daittis of instrumentis contenit in the saidis prothogollis and many utherwayis, as hath bene divers tymes exactlie tryed by the lordis of counsell and sessioun; and that the delaying of the executione of the said act hath procedit upone ane ordinance conteaned thairin of satisfactioun to be gevin by the clerk of register or his deputtis to the relict, childrene or executouris of the saidis notaris for the said prothogoll, quhairby the clerk of register† or his deputtis wald be drawin to verie gryit and intollerable chairgis in regairde of the gryit number of the saidis buikis; thairfore and for remedy thairoff, oure soverane lord, with advyse foirsaid, dischairges that pairt of the said act of parliament anent anye uther satisfactioun to be gevin to the relict, childrene and executoures of the notaris alreddie deceissit or that salhappin to deceas (except as is heirefter expressed); and statutes and ordanis that all persounes, alsueill relict, childrene, executeris of whatsoever alreddye depairted or uther persoun or persounes whatsoever, havearis in thair handis, custodie and keiping of anye prothogoll buik of whatsoevir notare alreddie deceissed, as of notaris that salhappin to deceas at any tyme heirefter, sall, after deceis of the notare, inbring the saidis prothogollis to Edinburgh and delyver the same to the clerk of register or his deputtis to be appoynted by him for that effect under the payne off ane hunderethe poundis to be incurred by thame who salhappin to be found to contravene; and thairefter the saidis notaris bookes to be reteaned and keipt by the said clerk of register or his deputtis foirsaidis to be appoynted by him to that effect. At the deliverie and inbringing of whiche prothogollis, iff the same salbe inbrocht by the said relict or childrene, his hieghnes, with advyse foirsaid, ordanis the clerk of register or his depute foirsaid to mak a note of the names of the said relict and childrene of the defunct notaris, to the effect that whensoevir anye pairtie sall persew for transumpt of anye instrument furth of the same, he salbe astricted heirby to summond by the pairtie haveing enteres, the relict and childrene of the defunct notare, to the effect that the saidis relict and childrene may be satisfied be the pairtye craveing the transsumpt of the said instrument at the modificatioun of the lordis of counsell and sessioun. And his hieghnes, with advyse foirsaid, declairis that this act sall not be extendit to the inbringing of the prothogollis of the clerkis of any frie burghis royall within this realme deceisand alreddie or that salhappin to decease heirefter, bot the clerkis, relict and childrene of the saidis frie burghis salbe haldin to delyver the saidis prothogollis to the provest and bailyeis of the saidis frie burghis to remayne in the register of the saidis burghis and to be maid furthhcuming to all pairties haveing enteres whensoevir they sall crave any instrument to be transsumed furth of the same at anye tyme heirefter.
[1617/5/37]*[print] [email] [cite] [preceding] [following]
Forasmuche as in this present sessioun of parliament thair ar ratificatiounes past wherin dyvers and new clauses ar insert, whiche may be prejudiciall to particulare pairties rightis and dirogative to manye lawes lauchfullie maid and establisched of before, albeit the meaning of his hieghnes be at this tyme (as it wes evir in all preceding parliamentis) that by no particular act anye uther pairtie suld be hurt or prejudgit; for remedie thairoff, it is statuted and ordaned that no ratificatioun past in this present sessioun of parliament salbe prejudiciall to anye private pairties richtis, bot that the saidis ratificatiounes be alwayis understude whither they be generall or speciall to be salvo jure cujuslibet.