[1621/6/13]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis of parliament presentlie convenit, ratiefies and approvis the actis of the generall assemblie of the kirk haldin at Pearthe, the tuentie fyve day of August the yeir off God jM vjC auchtene yeiris, and concluded the tuentie sevint day off the samene monethe, sessione secunda, quhairoff the tennoure followethe:
I
Since we ar commandit by God him selff that quhen we cum to worschip him we fall doun and kneill before the Lord our maker, and considdering with all that thair is no pairt of dewyne worschip moir heavinlie and spirituall then is the holie ressaving of the blessed bodye and blude of oure lord and savioure Jesus Chryst, lyik as the most humble and reverend gesture of the bodie in our meditatioun and lifting up of our heartis best becommethe so divyne and sacred ane actioun, thairfore, nochtwithstanding that our kirk hathe used sence the reformatioun of religioun to celebrat the holie communione to the people sitting, by reasoun of the grychte abuse of kneeling used in the idolatrous worschip of the sacrament by the papistes, yit now seing all memorie of bypast superstitioun is past, in reverence of God and in dew regairde of so divyne a misterie and in rememberance of so misticall ane unione as we ar maid partakeris of, the assemblie thinketh goode that the blessed sacrament be celebrated heirefter meiklie and reverendlie upone thair knees.
II
Item, if onye gude Christiane visited with long seiknes and knawin to the pasture by reasoun of his present infirmitie unhable to resorte to the kirk for ressaveing of the holie communione, or being seik sall declare to the pastor upoun his conscience that he thinkis his seiknes to be deidlie and sall earnestlie desyre to receave the same in his hous, the minister sall not denye to him so gryit a confort, lauchfull warneing being gevin to him upoun the night before. And that thair be thrie or foure of goode religioun and conversatioun, free of lauchfull impedimentis, present with the seike persoun to communicat with him, who must also prowyde a convenient place in his house and all thingis necessarie for the reverend administratione thairoff according to the ordoure prescryvit in the kirk.
III
Item, the minister sall often admonische the people that thai defer not the baptezing of infantis anye longer then the nixt Lordis day efter the chyild be borne, unles upoun a gryit and resonable caus declared to the minister and by him approved. As also they sall warne thame that without gryit cause they procure not thair chylderene to be baptized at hame in thair houses, bot quhen gryit neid sall compell thame to baptize in private houses (in whiche cace the minister sall not refuis to do it upoun the knawledge of the gryit neid and being tymelie requyrit thairto), then baptizme salbe administrated efter the same forme as it suld have bene in the congregatione, and the minister sall the nixt Lordis day efter anye suche privat baptizme declare in the kirk that the infant wes so baptized and thairfore ought to be ressavit as one of the trew flok of Chryistes fold.
IIII
Item, forasmuche as one of the most speciall meanis for stayeing the incres of poperye and setling of trew religioun in the heartis of the people is that ane speciall care be takin in tryell of young childrene, thair educatioun and how they ar catechesit, whiche in tyme of the primitive kirk wes most carefullie attendit as being most proffitable to caus young childrene in thair tender yearis drink in the knawledge of God and his religioun, bot is now altogidder neglectit in respect of grychte abuse and erroures whiche creipt in the popische kirk by making off a sacrament of confirmatione, thairfore, that all superstitiounes built therupone maye be rescindit and that the mater it selff, being most necessarie for the educatioun off the youth, may be reducit to the primitive integritie, it is thocht gude that the minister in everie paroche sall cathecheis all young childrene of aucht yeiris of age and see that thai have the knawledge and be hable to mak rehersall of the Lordis prayer, beleif and ten commandimentis, with ansueris to the questiones of the small catechisme useit in our kirk; and that everie bischope in his visitatioun sall censure the minister who salbe fund remiss thairin, and the said bischopis sall caus the said childrene be presented before thame and blese thame with prayer for the incres off thair knawledge and continewance of Goddis heavinlie graces with everie ane of thame.
V
Item, as we abhore the superstitious observatioun of festivall dayes be the papistes and deteist all licentious and prophane abuse thairof by the commoun sorte off professoures, so we think that the inestimable benefites receaved frome God be our Lord Jesus Chryist, his birthe, passioun, resurrectioun, assensioun and sending doun of the holie ghost wes commendablie and godlie remembered at certane particuler dayes and tymes by the whole kirk of the warlde and may be also now; thairfore the assemblie ordanis that everie minister sall upoun these dayis have the commemoratioun of the foirsaid inestimable benefites and mak chois of severall and pertinent textis of scripture, and frame thair doctrine and exhortatiounes thairto, and rebuke all superstitious observatioun and licentious prophanatioun thairoff.
Whiche articles and ordinances oure soverane lord, with the advyse and consent of the estaittis, statutes and ordanis to be obeyit and observit be all his majesties subjectis as lawis in tyme cuming, annulling and rescinding quhatsumevir uther actis of parliament, constitutiounes and custumes in sa far as they ar dirogative to any of the articles abovewrittin.
[1621/6/14]*[print] [email] [cite] [preceding] [following]
In the parliament haldin at Edinburgh, the fourt day off August the yeir of God jM vjC tuentie ane yeiris, the estaittis of parliament presentlie convenit, considdering the infinite expensse and gryit burding whiche the kingis most sacred majestie, thair dreade lord and soverane, hathe bene constraint by the straite bandis of religioun to undergoe of late and in all likliehode sall lyunder a long tyme by procureing by treatise or armes ease and libertie to those quho suffer for the Gospell of Chryist Jesus professit within this land, and thairwithall calling to mynd the long peace, florischeing with religioun and justice, whiche they have enjoyed these manie yeiris past and do yit still enjoye in this universall combustioun of the Christiane worlde, and that by the wyse, just and happie governament of his sacred majestye and that they have nothing to be returned to so gryit a king for so exceiding grychte and raire benefites bot heartlie and zealous affectiounes, ceeding to no natioun, evir reddy with thair guidis, landis and lyves to mantene trew religioun, his majesties royall persoun and posteritie, thair honnouris and crounes, thairfore in most humble maner the saidis whole estaittis of this realme do eirnestlie beseik his most sacred majestie gratiouslie to accept this thair offer of ane taxatioun to be imposit, collectit and payit to his hienes by the saidis estaittis in maner and at the four termes following: that is to say, the earles, lordis and commissionaris of schyiris for the temporall estate have grantit that thair salbe uplifted of everie pound land of auld extent within this realme pertening to erles, lordis, barrounes, frieholderis and fewaris of his majesties proper landis the soume of threttie schillingis money at everie ane of the four termes following, viz: the soume of xxx s. at the feast and terme of Candlemes nixtocum in the yeir of God 1622, the soume of uther xxx s. at the feist and terme of Mertimes in the yeir of God 1622, the soume of uther xxx s. at the feist and terme of Mertimes 1623, and the soume of uthir xxx s. at the feist and terme of Mertimes in the yeir of God 1624. The archebischopis and bischopes for the spirituall estate have grantit that thair salbe upliftit of all archebischoprikes, bischoprikes, abbacyes, pryouries and uther inferiour benefices within this realme at everie ane of the four termes abovespecified the just taxatioun thairof as they have bene accustumed to be taxed unto at all tyme bygane quhensoevir the temporall landis of this realme wer stentit to threttie schillingis of auld extent, and the same taxatioun to be payed at everie ane of the four severall termes abovespecifit. And the commissioneris of borrowes for thair estate have grantit that thair salbe uplifted of all borrowes within this realme at everie ane of the four termes abovewrittin the just taxatioun thairoff as they have bene accustumed to be taxed in all tyme bygane quhensoevir the temporall landis within this realme wer stentit to threttie schillingis the pound land of auld extent, and the said taxatioun to be payit at everie ane of the four severall termes abovewrittin. And in regarde that his majestie hathe erected sindrie prelacies in temporall lordschipis quhairby the awneris thairoff may clame to be taxed with the barounes of the temporall estate, and thairthairow his hieghnes wilbe defraudit of a gryit pairt of the same taxatioune, thairefore it is statute and ordanit that all erectiounes of prelacies and utheris small benefices, in whole or in pairt, in temporall lordschipis sall in payment of the said taxatioun pay to the collectoures thairoff sa mekle of the same taxatioun pro rata as giff they wer nawayes erected and as they wer subject to do before the erectioun off the same. And siclyik it is statute and ordanit that all dissolved benefices within this realme, in whole or in pairt, salbe subject in payment of samekle of the same taxatione pro rata as they wald have bene subject to pay so the same had not bene dissolved, and that the pairties quha have gottin onye pairt or portioun of anye prelacyes or uther inferiour benefices dissolved and new securities maid unto thame by his majestie of that pairt and portioun thairoff so dissolved salbe subject to the payment of the taxatioune thairoff to the prelate or uther beneficeit persoun for his releiff of the same taxatioune as they wald have bene so the same had not bene dissolved, nochtwithstanding of onye conditioun conteanit in the infeftmentis and securities maid be his majestie to thame in the contrair heiroff. And forder, the saidis estaittis annullis and dischargis all priviledges and immunities quhatsoevir quhairby anye persones may think thame selffis frie of payment of this present taxatioun (the priviledgis grantit to the ordiner senatoures of the colledge of justice and the taxatioun of the benefices gevin, disponed and mortified for intertenement of the universities and colledgis within this kingdome onlie exceptit). As also the saidis estaittis, considdering that besydis the ordinarie chargis whiche his majestie doethe daylie undergo for the mantenance of the honnour, estate and dignitie of his hienes kingdomes, the extraordinarie burdingis whiche now ly upoun his majestie by the occasiones before writtin are so gryit and do so neir concerne everie loyall and trew hearted subject of this kingdome as memberis of that bodye quhairoff his majestie is the heid, that in dewtie they think thame selffis bund to beir a pairt of that burding and to releive his majestie thairof; thairfore, besyidis the ordiner taxatioun abovewrittin, the saidis estaittis have, for the space of four yeiris nixt and immediatlie following the terme of Martimes nixtocum, voluntarlie and frielie grantit to his majestie a yeirlie extraordiner taxatioun of the tuentie pennye of all annuelrentis whiche any persoun or persounes within this kingdome have frielie dew and payable to thame yeirlie or termelie (thair awin annuelrent quhairin they ar addettit to utheris being first deducit), the first termes payment quhairoff salbe and begin at the said feist and terme of Martimes nixtocum and so furthe yeirlie and termelie at Witsonday and Martimes quhill the saidis four yeiris and the aucht termes payment thairoff be fullie and compleitlie outrune. And for the better tryell of everie man, his annuelrent whiche he hathe yeirlie or termelie dew to him, it is ordanit that this act be publischit at the mercate croce of the burgh of Edinburgh and of the haill heid borrowes of the schirefdomes, stewartries, bailyeries and regalities within this kingdome, quhairby all his majesties liegis may have trew notice thairoff, and thairwithall the saidis estaittis willis, ordanis and commandis all his majesties liegis that have anye annuelrent payit to thame that thai compeir within the said heid burgh of the schirefdome, stewartrie, bailyerie or regalitie or the heid burgh in onye of these jurisdictiounes quhair the heid courtis ar haldin and quhair the saidis annuelrenteris duell or have thair ordiner residence in anye court day in ane of the last weekis immediatlie preceiding Witsonday or Mertimes, at whiche tyme the schirreffis, stewartis, bailyeis and bailyeis of regalties and provest and bailyeis of borrowes who ar heretable schirreffis within thame selffis within the boundis of thair jurisdictiounes salbe obleist to hald courtis weiklie to the effect efter specifit, and the liegis resoirting to the saidis courtis sall giff up inventoures to the clerk thairoff of the haill soumes of money for whiche annuell is dew to thame yeirlie and termelie, the names of the dettoures, as also the whole soumes of money for the whiche they ar subject in payment of annuelrent to utheris, with the names of thair creditouris to quhome the same is dew, quhidder the same annuelrent be in victuell or silver; the annuelrent of victuell to be estimat according to the stok of money for the whiche it is payit at ten for ilk hundereth thairoff, and sall caus the pairties, upgevaris of the saidis inventoures, everie pairtie subscryve his awin inventar him selff, gif he can wreate, and gif he can not wreat, the clerk of the said court sall subscryve the said inventer in face of court before the memberis thairoff. And also the schirreff, stewart, bailyee, bailyee of regalitie, provest and bailyeis of borrowes who ar heretable schirreffis within thame selffis within the boundis of there jurisdictiounes and clerkis thame selffis, sall mak and giff up ane inventar of the dettis awand to theme selffis and by thame selffis as said is. It is alwayes prowydit that if anye persoun impeadit by reasoun of seiknes or distractit by sum uther just† occasioun sall not be present him selff to gif up the said inventar, it salbe lauchfull for him to caus anye honest, responsall man within the jurisdictioun quhair he duellethe compeir and giff up his inventar, prowyding the same be subscryvit be him selff or a notar at his command, whiche the ingevar sall declair to be a trew deid and abyid at the same on the lyik hasert and danger as the principall pairtie suld underly, whiche salbe als sufficient as giff the inventour hade bene personallie gevin up† by the principall pairtye him selff; and ane inventoure being anis maid and gevin up sall still stand and be a ground to charge anye persoun during the tyme of the foure yearis off the said taxatioun unles the pairtie cheinge or utherwayes employe his soumes, and then he sall giff up a new inventar whiche salbe a new ground of a chairge, and the former sall cease. And the said clerk sall mak a recorde in his register of the saidis haill inventouris, quhilkis inventoures being so recorded salbe extractit by the said clerk and subscryvit with his hand, and thrie extractis made of the same; one to be gevin to the pairtie, if he requyre the same; another to be send be the said clerk to the collectour of the same taxatioun; and the third to be lyikwayis send by the said clerk to the clerk of his majesties register, to be still keipit amangis the recordis of his hieghnes exchequer, to the effect it may be knawin how far everie pairtye is lyable in payment of the said extraordinarie taxatioun. For the whiche extract and note maid in register, the said clerk salhave of everie persoun upgevar off ane inventoure the soume of four schillingis Scottis money. And gif by sleuthe or malice the clerk salhappin to delaye or schift the liegis resorting to the saidis courtes to the effect foirsaid, complante being made thairaff to the lordis of his majesties secreit counsell, the saidis clerkis salbe punischit accordinglie at the discretioun of the saidis lordis. And at anye court day preceiding anye terme, it salbe lauchfull for anye persoun to compeir and offer to giff up his inventour whiche the clerk and judge salbe astrictit to ressave. Farder, for the bettir observatioun of the said statute, it is declairit that whosoevir ressaveth, reteaneth or conditioneth to ressave anye annuelrent and concealleth the same or ony part thairoff, or in geving up of his inventour of dettis and anuellis auchtand be him to his just creditouris gevis up mair then he is justlie addettit unto, whosoevir first discoveris and reveillis ather the annuell concealit or annuell quhilk is more then the upgevaris just debt, sall for his reuarde have the halff off that termes concealled annuell and alse mekle as the halff of that annuell quhilk salbe discovered to have bene unjustlie gevin up. And incace it salhappin anye persone quhatsoever be vertew of his upgevin inventour to be chargit for payment of his taxatioune and at the tyme of his charge to declare in presens of a judge be his gryit aithe solemlie sworne that his dettour is a bankrupt, quhairby he is disablit to mak payment of his taxatioune and is contentit that the kingis majestie salhave the haill annuelrent addettit to him be his bankerupte dettor of that terme, his said declaratione salbe a sufficient liberatioun to him of the same and for eschewing of malicious dilatouris off these quha had omittit or concealled thair soumes. It is ordanit that quhensoevir anye persone sall accuse or dilate anye uther of concealling or omitting of sowmes the tyme of making his inventoure, he sall condiscend upoun sum probable cause of his dilatioun and sall find cautioun de judicato solvi incace he faill in proving that quhilk he dilaittit. And thair sall not suche actiounes of dilatiounes be lauchfull† aganis deid persounes, thair aires nor executouris; nather sall it be lauchfull efter yeir and day efter the expyring off the said taxatioune to intende anye suche actioune. And incace anye persoun purches wodsett off landis and sett the same bak agane in tak unto him quha wodsett the same to him, the takisman possessour of the landis sall pay for the stent of the landis and the havear of the wodsett sall pay for the annuelrent of his money whiche he hes on the land as giff the same wer employed for annuelrent. Attoure, it sall not be lauchfull by no maner of way for any creditour to gett releiff of his dettour of this taxatioun quhilk is imposit upoun annuelrentis by this statute, under the paynes conteanit in the actis off parliament maid aganis usureris and concerning minoures. It is declarit that thair minorities sall nawayis priviledge thame, bot thair tutouris and curatouris sall giff up the inventouris of ther annuelrentis in thair names, whiche, giff the saidis tutoures and curatouris faill to do, the saidis minoures sall incure the lyik danger as utheris and at thair perfyit aige sall have actioun of releiff aganis thair saidis tutouris and curatouris for that caus. And incace anye persone depairt out of this kingdome efter the publicatioune of this present act, the same sall nawayis excuis him frome geving up of ane inventar off his annuelrentis and payment of the said taxatioune and underlying of the danger conteanit in this present act, bot these quha ar presentlie furthe of this realme and sall not returne before the feist of Martimes nixt they sall not cum under the danger of this act untill the terme of Witsonday nixt, prowyding that at that terme they giff up thair inventar and pay thair taxatioun as gif thai hade bene present within this realme before the foirsaid terme of Mertimes nixt. And for the uplifting of the foirsaid taxatioun grantit upoun annuelrentis, and to the effect his majesties generall collectoure thairoff may knaw now quhome to crave and charge for the same, it is statuted and ordanit that within everie schirefdome, stewartrie, bailyerie or regalitie quhair the office of schirreffis, stewartis and bailyeis ar heretable and the provest and bailyeis of borrowes quha ar heretable schirreffis within thame selffis, these heretable officeris and thair deputtis for quhome they salbe haldin to answer sall collect the said taxatioun and mak payment thairoff to his majesties collectour generall of the foirsaidis taxatiounes; and quhair these offices ar not heretable bot cheingeable, the clerkis within the saidis jurisdictiones haveing thair offices ad vitam salbe collectouris theroff. And incace the saidis clerkis have not alreddie found sufficient cautioun for dischargeing of thair dewties in thair offices, they salbe halden before they have anye intromisioun with the same taxatioun to find sufficient cautioun for that effect. And quhair there ar na heretable officeris nor clerkis haveand thair offices ad vitam, the said collectour generall of his majesties taxatiounes (and his deputtis in his name, sufficientlie authorized be him and for quhome he salbe haldin to ansuere), and quhais names he sall caus publische at the mercate croce of the heid burgh off that jurisdictioune quhair thair is no heretable officer nor clerk ad vitam, that his majesteis liegis may knaw unto quhome they sall mak payment, sall collect and uplift the same taxatioun; whiche payment being made, the ressaver thairoff salbe obleisit to delyver unto the payer thairoff ane acquittance upoun the ressett of the same gratis, without payment of onie money for the same. It is lyikwayis prowydit that the fees of the collectouris and ressaveris of the same taxatioun of annuelrentis salbe lyikas, heirby they ar remitted to the discretioun and arbitriment of the lordis of his majesties previe counsell, to be sett doun and aggreit upone be thame. And the saidis estaittis heirby decerne and declare that all burgesses and frie men within burghis, albeit they be taxit in the ordinarie taxatioun abovewrittin with thair nightboures conforme to the ordour prescryvit for collecting of the borrowes pairt off the said ordinarie taxatioun, yit the same sallnawayis liberat nor freith thame frome payment of thair pairtis off this extraordinarie taxatioune also according to the proportioune off the tuentie pennie of thair annuelrentis, bot thai salbe lyable in payment thairoff as utheris his majesties liegis ar. Attoure, the saidis estaittis annull and discharge all priviledgis and immunities quhatsumevir whereby anye persounes may think thame selffis frie of payment of any pairt of this present extraordinarye taxatioun (the priviledges and immunities grantit to the ordinarye† lordis of sessioun with the annuelrentis dew to be payit to colledgis, scuilles and hospitallis, or mortified for sustentatioun and uphalding of kirkis and bridges, with the annuelrentis whiche may be clamit of the pure people whois stoke exceidis not the soume of fyve hundereth merkis onlie exceptit). And the saidis estaittis decerne and ordane the extraordinarye lordis of the sessioun, togidder with the haill advocattis, clerkis of the sessioun, writteris to the signet, previe and gryit seallis and utheris memberis of the colledge of justice to contribute to the saidis taxatiounes siclyik as giff they wer not exemit, and that of thair awin consentis and conforme to thair voluntarie offer made be thame to his majestie and the saidis estaittis upoun this speciall provisioun: that thair said voluntarie offer sall not prejudge nor impair thair liberties, priviledgis and immunities in anye tyme cuming. Quhilk offer the saidis estaittis accepted and accept and will and declare that thair said offer sall nawayes dirogate to thair priviledges and immunities, bot that thair saidis priviledges and immunities salbe keipit and observit to thame and thair successoures in all tyme cuming unprejudgit be the said offer.
[1621/6/15]*[print] [email] [cite] [preceding] [following]
Forasmuche as the estaittis of this present parliament, upone gude and wechtie consideratiounes whiche moved thame, have freelie and voluntarlie offerit and grantit to the kingis most excellent majestie, oure soverane lord, for suppleing of a pairt of the gryit chairgis and expenses whiche his majestie hes bene constraned evin by the straittest bandis of religioun to undergo of late and by all likliehude sall ly under a lang tyme by procuring be treatie or armes ease and libertie to those whiche suffer for the Gospell off Jesus Chryist professed in this land, a taxatioun to be payit, collectit and upliftit in maner and at the four termes following: that is to say, for the barrounes and friehalderis pairtis of the same taxatioun, threttie schillingis Scottis money to be uplifted of everie pund land of old extent within this realme pertening to earlis, lordis, barrones, friehalderis and fewareis of oure soverane lordis proper landis halden by thame immediatlie of his majestie and payit by theme at everie ane of the four severall termes following, that is to say: the soume of threttie schillingis money at the feist and terme of Candlemes nixtocum in the yeir of God jM vjC and tuentie tua yeiris, the soume of uther threttie schillingis monie at the feist and terme of Martimes in the yeir of God 1622 yearis, the soume of uther threttie schillingis monie at the feist and terme of Martimes in the yeir of our God 1623 yeiris, and the soume of uther threttie schillingis monie foirsaid at the feast and terme of Mertimes the yeir of God 1624 yeiris. And for the spirituall men and the borrowes pairtis of the same taxatioun, that thair salbe uplifted of everie archebischoprik, bischoprik, abbacye, pryourie and uther inferiour benefice and of everie frie burgh within this realme, at everie ane of the saidis four termes off payment, the just taxatioune thairoff and as they have bene accustumed to be taxed unto in all tymes bygane quhensoevir the temporall landis within this realme wer stentit to threttie schillingis money the pound land off auld extent, and the same taxatioun to be payit at everie ane of the four severall termes abovewrittin. And for inbringing of the spirituall mennis pairtis of the same taxatione, ordanis lettres to be directit chargeing all and sindrie archebischopes, bischopes, abbottis, pryouris, as lyikwayis all noble men and utheris in quhais favour the erectione of onye prelacie or uther inferiour benefice, or anye pairt or portioun thairoff, be it in landis, kirkis or teyndis, or in quhais favouris the patronage of ony benefice, kirkis or teyndis is past, and all uther beneficed persounes conteanit in the taxt rollis, thair chalmerlanes, factouris and intromettouris with thair rentis and leving, to mak payment of that soume that they and everie ane of thame ar taxed unto for everie ane of the saidis four termes payment to the collectour generall to be appoyntit be his majestie for ressaveing of the said haill taxatioun, or to his deputtis and officeris in his name haveing his power to ressave the same, at the particuler termes abovewrittin under the payne off rebellioun and putting of thame to the horne; and gif they faill thairin at the by passing of everie ane of the saidis termes, to denunce the dissobeyaris rebellis and put thame to the horne and to eschete etc. And that the prelattis and beneficed persones and suche noble men and utheris in quhais favouris the erectiounes and patronages abovewrittin ar past, for thair releiff, have lettres chargeing thair vassallis, subvassallis, ladies of terce, conjunctfearis, lyverentaris, fewaris, takismen and pensioneris to mak payment of thair pairtis of the said taxatioun, eache one of thame pro rata according to the soume that they salbe taxed unto, to the saidis prelattis and utheris beneficed persounes and to the saidis noblemen and utheris haveing power to ressave the samen within tuentie dayes nixt efter the charge under the pane of rebellioun etc.; and giff they faill, to denunce and eschete etc. and to poynd and distreingyie thairfore as they sall think most expedient. Prowyding alwayes that the first termes payment of the said taxatioun be ever past before the nixt termes payment be chargit for, alwayes declairing that the productioun of sufficient horneingis aganis the saidis vassallis, fewaris, takismen and pensionaris salbe a releif to the saidis prelattis, lordis of erectiounes and beneficed persounes and sall exoner thame pro tanto frome payment off the said taxatioun, prowyding that the same horningis with thair taxed rollis autentiklie made and subscryvit be the saidis prelattis, lordis of erectiounes and beneficed persounes, and by thair fewaris, vassallis, takismen and pensionaris in maner heirefter prescryvit, conteaning the particular soume whiche eiche ane of thame ar taxed unto, be delyverit to the collectoure of the same taxatioun within the space of thriescore dayes efter everie terme, utherwayis he salbe nowayis obleisit to ressave the same; nather sall the prelate, lord of erectioun and beneficed persoun be exonerit by productioun of the same at anye tyme thairefter. And farder, that the saidis prelattis and suche nobilmen and utheris in quhais favoures the erectiounes and patronages abovewrittin ar past and all uther beneficed persones may have thair releiff of thair saidis vassallis, subvassallis, ladies of terce, conjunctfearis, lyverentaris, fewaris, takismen and pensionaris, to the gryiter ease and lese truble to thair saidis vassallis and utheris foirsaidis, and to the effect that everie ane proportionallie may pay his pairt off the said taxatioun according to the quantitie and availl of the free rent whiche he hes of his benefice, landis, pensioun, kirke and teyndschevis pertening to him, alsweill the prelate, lord of erectioun, patrone and uther beneficed persounes thame selffis as the fewar, takisman and pensioner, it is thocht expedient, statute and ordaned that the saidis prelattis and utheris above rehersit, everie ane of thame severallie, sall convene his haill fewaris, vassallis, takismen and pensionaris† at the particular places heirefter designit: they ar to say, the Archibischope off Sanctandros at the citie off Sanctandros, the Archibischope off Glasgow at the citie off Glasgow, the Bischope of Orkney at the toun of Kirkwall, the Bischope of Cathnes at the toun of Dornoche, the Bischope of Ross at the toun of Chanrie of Ross, the Bischope of Murray at the toune of Elgene, the Bischope of Abirdene at the burgh off Abirdene, the Bischope of Breichin at the burgh of Breichin, the Bischope of Dunkeld at the toun of Dunkeld, the Bischope of Dumblane at the toun of Dumblane, the Bischope of Galloway at the toun of Wigtoun, the Bischope of Argyill at the burgh of Inverarye, the Bischope of the Yles at the burgh of Rothesay in Bute, the abbote of Icolmekill at the burgh of Invernes, the pryour of Ardchattan at the burgh of Inverarye, the abbote of Ferne at the burgh of Thaine, the Lord off Bewlie at the burgh off Invernes, the Lord of Kinlos at the burgh of Forres, the pryour of Pluscarden at the burgh off Elgene, the Lord of Deir at the toun off Petirheid, the pryour of Fyvie at the toun of Turreff, the pryour of Monymusk at the toun of Monymusk, the Lord of Abirbrothok at the burgh of Abirbrothok, the Lord of Scone at the burgh off Pearthe, the Lord of Couper at the toun off Couper in Angus, the pryour of Restenneth at the burgh of Forfar, the collectour of the taxatioun in place of the priour of Charterhous, the seat now vacand, at the burgh off Pearthe, the pryour of Elcho at the same burgh of Pearthe, the pryour of Straphillane at the burgh of Inverrarye, the Lord of Incheffrey at the burgh of Pearthe, the pryour of Inchemahomo at the burgh of Stirling, the pryour off Sanctandros at the citie of Sanctandros, the bailyee of the regalitie of Dumfermling at the burgh of Dumfermeling, the Lord of Balmerinoche at the burgh of Couper in Fyiff, the Lord of Lundoris at the burgh off Couper in Fyiff, the maisteris of Sanct Leonardis colledge in Sanctandros for the pryour of Portmook at the burgh of Couper in Fyiff, the pryour of Pettinweyme at the burgh of Pettinweyme, the Lord of Sanctcolme at the burgh of Inverkeithing, the Lord of Culros at the burgh of Culros, the abbote of Cambuskennethe at the burgh of Striviling, the lord of Torphechin at the burgh of Linlithgow, the pryour of Manuel at the burgh of Linlithgow, the Lord of Halierudhous at the burgh of Edinburgh, the Lord of Newbotle at the burgh of Edinburgh, the pryoures of Hadingtoun at the burgh of Hadingtoun, the lord of the temporall landis of the pryourie of Northberuick at the burgh of Northberuick, the patrone and persoun at the kirk of Kinnocher, dissolved frome the pryourie off Northberuick, at the toun off Ely, the patrone and persone of the kirk of Largo, dissolvit frome Northberuick, at the toun of Largo, the patrone and persoun of the kirk of Mayboill, dissolvit frome Northberuick, at the burgh of Mayboill, the patrone and persoun of the kirk of Logy, dissolvit frome Northberuick, at the burgh of Striviling, the Lord of Kelso at the toun of Kelso, the Lord of Coldinghame at the toun of Eymouthe, the Lord of Dryburgh at the toun of Dryburgh, the pryour of Ecclis at the toun of Dunce, the pryour of Cauldstreame at the toun of Dunce, the Lord of Jedburgh at the burgh of Jedburgh, the Lord of Melros at the toun of Melros, the Lord of Paislay at the toun of Paislaye, the Lord of Blantyre at the burgh of Glasgow, the lord and bailyee of the temporall landis of Kilwynning at the burgh of Irrowing, the patrones and persounes at the kirkis of Kilwynning, dissolvit frome the abbaye of Kilwynning, at the said burgh of Irrowing, the abbote of Croceraguell at the toun of Mayboill, the pryour of Quhithorne at the burgh of Quhithorne, the abbote of Saulsett at the burgh of Quhyithorne, the pryour of Sanctmarieyle at the burgh of Kirkcudbright, the Lord of Dundrenane at the burgh of Kirkcudbright, the Lord of Glenluce at the burgh of Wigtoun, the abbote of Toungland at the burgh of Wigtoun, the abbote of New Abbey at the burgh of Dumfries, the abbote of Haliewode at the burgh of Dumfries, the pryour of Cannabie at the burgh of Annand, the barone and bailyee of the baronie of Brochtoun, dissolvit frome the lordschip of Halierudhous, at the burgh of Edinburgh, the heritouris of the ane hundereth pund land of the baronie of Monkland, dissolved frome the lordschip off Newbotle, at the citie of Glasgow, the ministeris of Failfurde at Air, Scotlandwell at Sanctandros, Peiblis at Peiblis, the patrone and persoun of the kirk of Dundie, dissolvit frome the abbacie of Lundoris, at the burgh of Dundie and all utheris small beneficed persones at the paroche kirkis of thair particular benefices, and that thai convene to the effect abovewrittin upoun the penult day off October nixtocum in the yeir of God ane thouand sex hundereth tuentie ane yeiris, whiche is declared to be the precise day appoyntit for all thair vassallis, fewaris, takismen and pensionaris to keip the said meiting, and that no farder citatioun nor sumonding salbe requisite then the proclamatioun and publicatione of this present act at the mercate croces of the heid borrowes of this realme. And heirwith it is resolved by the saidis estaittis that gif anye vassall, subvassall, fewer, takismen of teindis, pensionar or onye uther justlie bond to mak releiff to the prelate, lord of erectioun, patroun or uther beneficed persoun off anye pairt of the said taxatioun sall send anye procuratouris in his name sufficientlie authorized to the said meiting, the same sall not onlie excuis the absentis of the principall pairtie, bot the procuratour in all thingis salbe admittit and ressavit to do and performe in the distributioun of the said taxatione quhat culd or lauchfullie might have bene done by him quha sent him. It is in lyik maner declared that the prelate, lord of erectioun, patrone or uther beneficed persoun impeidit by disease or distractit upoun sum uther necessarie occasioun frome attending that meiting, haveing his absens suppleit that day by any sufficient worthie persone quhome he sall appoynt and authorize to that effect, salbe als lauchfull as giff he wer personallie present him selff, and the pairtie so authorized salbe admittit and ressavit in all thingis to do and performe in the distributioun of the same taxatioun quhat culd or lauchtfullie might have bene done by him quha sent him. It is farder statute and ordanit that at the said day of meiting the saidis prelattis, lordis off erectiounes, patrones and utheris beneficed persounes sall by thame selffis, or there procuratouris lauchfullie authorized as said is, fens and hold a courte, call by name and surname upoun everie ane of thair vassallis, subvassellis, fewaris, takismen of teyndis, pensionaris and utheris obleisit to releiff thame of anie pairt of the same taxatioun, and lauchfull tyme of day being biddin, sall schaw to thair saidis vassallis, fewaris, takismen and pensionaris, or thair procuratouris compeiring for thame, the quantitie off the taxatioun imposed upoun thair prelacie, erected lordschip or uther benefice autenticklie subscryvit be the clerk of the same taxatioun; and they all (at the least sa manye of thame as sall conveyne for this effect) with ane consent sall distribute the same to be payit by everie man, alsueill by the prelate, lord of erectioun and present possessoure of small benefices for the frie rent that everie ane of thame hath of thair prelacies, erected lordschippis and small benefices, as by the vassall, fewer, takisman and pensionar according to the gryit or small quantitie of the free rent whiche everie ane of thame hath ather of thair landis, teyndis or pensiounes. Withe certificatioun to anye of the saidis persounes, fewaris, vassallis, takismen or pensionar that compeireth not by thame selffis or thair procuratoures at the day and places abovespecifit to the effect afforesaid, that suche as sall convene with the saidis prelattis, lordis of erectiounes, patrones and uther beneficed persounes or thair procuratouris sall proceid in the equall distributioun of the same taxatioune, alsueill amangis thame as ar absent as present, and sall mak and subscryve ane authentik taxt roll thairupoun. And incace that nane of the saidis vassallis, fewaris, takismen and pensionaris sall convene at the day and places abovespecifit to this effect by thame selffis or thair procuratouris, bot sall wilfullie absent thame selffis frome the said meiting, it salbe lauchfull for the saidis prelattis, lordis of erectiounes, patrones and utheris beneficed persounes being present by thame selffis or thair procuratouris at the day and places abovespecifit to mak, sett down and subscryve the same taxt roll. And incace anye of the saidis prelattis, lordis of erectiounes, patrounes and utheris beneficed persounes sall not convene by thame selffis or by thair procuratouris at the day and places abovespecifit particularlie designit to everie ane of thame, it salbe lauchfull for the saidis vassallis, fewaris, takismen and pensionaris (at the leist sa manye of thame as sall conveyne by thame selffis or thair procuratouris) to mak, sett doun† and subscryve the said taxt roll, whiche taxt roll sall conteyne the particular soume that everie ane salbe fund justlie to be addebtit to pay, the pairties name addebtit to pay the same and the cause quahirfore the same aucht to be payed; and being so sett doun either by the prelate, lord of erectioun, patrone and uther beneficed persoun or thair lauchfull procuratouris, with so manye of thair vassallis, subvassellis, fewaris, takismen of teyndis, pensionaris and utheris oblischit to releve thame of onye pairt of the said taxatioun as sall convene with thame to this effect, and incace that nane sall conveyne with thame, the same roll being then sett doun by the prelate, lord of erectioun, patrone and uther beneficed personis or thair lauchfull procuratouris, or, incace of thair absens, being sett doun, made and subscryvit by sa manye of the saidis vassallis, fewaris, takismen and pensioneris as by thame selffis or thair procuratouris sall conveyne thame selffis for this effect, the saidis estaittis decernis to be alslauchfull in all respectis as giff the whole number of persones haveing entres thairin hade convened, made, sett doun and subscryvit the same. Whiche taxt roll being so sett doun, made and subscryvit in maner abovewrittin (and no utherwayis) and delyverit to the clerk of the taxatioune, the saidis estaittis ordanis him to giff warrand for geving of lettres of releiff thairupoun, dischargeing him in anye cace to giff warrand for geving of onye lettres of releiff upoun anye roll presented unto him not made and autentiklie subscrivit in forme abovewrittin as he will answer to the contrarie upone his perrell. It is lyikwayes statute and ordanit that takismen of teindis sall have releiff upoun thair subtakismen pro tanto, respect being had to the gressume payit by the saidis subtakismen. And for inbringing of the barones and friehalderis pairtes of the samen taxatioune and of the fewaris and rentallaris of oure soverane lordis proper landis, thair pairtes thairoff, ordanis lettres to be directed chargeing all and sindrie schirreffis, stewartis, bailyeis, thair deputis and clerkis, fewaris, chalmerlanis and ressaveris of oure soverane lordis propir landis that thai and everie ane of thame within the boundis of thair offices rais and uplift the soume of threttie schillingis money of this realme of everie pund land of old extent lying within the boundis of thair jurisdictiounes for everie ane of the four termes abovespecifit, and inbring and delyver the same to the collectour foirsaid or to his deputies and officeris in his name haveing his power to ressave the same at the particular termes abovespecifit under the pane of rebellioun etc. And gif they faill at the bypassing off everie ane of the saidis termes, to denunce and eschete etc. And for thair releiff, that lettres be directit chargeing all and sindrie earles,† lordis, baronis, friehalderis, fewaris and rentallaris of oure soverane lordis proper landis personallie or at thair duelling places and be oppin proclamatioun at the mercate croces of the heid burgh of the schirefdome, stewartrie or baillerie where thair landis ly, gif they be† within this kingdome; and giff they be without this kingdome, by oppin proclamatioun at the mercate croce of Edinburgh, peir and schore of Leith upoun thriescoir dayes warning to mak payment unto the saidis schireffis, stewartis and bailyeis, thair deputtis and clerkis, chalmerlanis and ressaveris of oure soverane lordis proper landis, everie one of thame for thair awin pairtis respective of the said soume of threttie schillingis money foirsaid for everie pund land off auld extent pertening unto thame for everie ane of the saidis four termes payment within tuentie dayis nixt efter they be chargit thairto under the payne of rebellioun etc. And giff they faill, to denunce and eschete etc. And, gif neid be, that the saidis schireffis, stewartis, bailyeis, thair deputtis and clerkis, chalmerlanis and ressaveris of oure soverane lordis proper landis poynd and distreinyee the reddiest guidis and geir being upoun the saidis landis thairfore as they sall think most meit and expedient; and that the saidis earles, lordis, barones, freeholderis, fewaris and rentalleris of oure soverane lordis proper landis have lettres for thair releiff to charge thair vassallis, subvassallis, ladyes of terce, conjunctfearis and lyverentaris to mak payment of thair pairtis of the said taxatioune within tuentie dayes nixt after the charge under the payne of rebellioun etc. And giff they faill, to denunce and eschete etc. And gif neid be, that thai poynd and distreinyee, prowyding alwayes that the first termes payment off the said taxatioun be evir past before the nixt terme be chargit for. And for inbringing of the borrowes pairt of the same taxatioun, ordanis lettres to be directed chargeing the provest and bailyeis of ilk burgh to mak payment of the taxt and stent thairoff to the collectour generall foirsaid, his deputtis and officeris in his name haveing his power to ressave the same at the particular termes abovespecifit under the payne of rebellioun etc. And gif they failyee, to denunce and eschete etc. And for thair releiff, that lettres be directit chargeing all and sindrie inhabitantis within ilk burgh to convene and elect certane persounes to stent thair nichtboures; and the said electioun being made, to charge the persounes electit to accept the charge upoun thame in setting of the said stent upoun the inhabitantis of everie burgh, and to convene and sett the same and mak a stent roll thairupoun as efferis within tuentie four houres nixt efter thair charge under the payne of rebellione etc. And gif they faill, to denunce and eschete etc. And siclyik the said stent roll being made and sett doun as said is, to charge the burgesses, induellaris and inhabitantis within ilk burgh to mak payment of thir pairtis off the said stent to the saidis provest and bailyeis conforme to the taxt roll to be gevin out thairupoune within thrie dayes nixt efter the charge under the payne of rebellioun etc. And giff they faill, to denunce and eschete etc. And, gif neid be, that the saidis provest and bailyeis poynd and distreingye thairfore as they sall think most expedient. It is alwayes prowydit that no persone quhatsoevir be stentit or taxed within burgh except according to the avale and quantitie of his rent, leving, guidis and geir whiche he hes within the burgh, nowayes respecting his landis nor possessiounes whiche he hes to landward, for the quhilk he wilbe obleisit to pay taxatione to utheris officeris, prowyding alwayes that the first termes payment of the said taxatione be evir past before the nixt be chargit for. Attoure, his majestie and his saidis estaittis decernis and declairis that the chairges to be gevin for payment of the said taxatioun salbe executed before the termes of payment abovespecifit for everie termes payment, particularlie be it selff, and that the denunciatioun of horneing following thairupoun sall not be executed untill the termes of payment be bypast; whiche denunciatioune so following upoun the charges gevin before the saidis termes of payment, the saidis estaittis decernis and declairis to be valide and sufficient. Attour, his majestie and the saidis estaittis, considdering the gryit abuse quhilk hes bene useit in all tymes bygane by sindrie of the liegis of this realme aganis all goode conscience in causing thair puir tennentis, fermoraris and laboreris of thair ground, being removeable, who ar subject in payment of verie deir fermes and uther dewties, to releive thame of the haill burding of the bygane taxatiounes, whiche hes bene the occasioun of impoverisching of a gryit number of the saidis fermorares, laboreris and tennentis and bringing of thame to witter wrak and ruine, wheras of reasone they suld be altogidder frie frome the payment of onye taxatioun and the samene suld be payit by suche as have frie rentis, landis and guidis of thair awin; for remeid quhairof, it is statute and ordanit that no persounes whatsoevir exact or compell his tennentis or fermoraris removable quha pay ferme or uther deir† dewties for the landis occupied be thame to pay anye pairt of this present taxatioun or to sute releiff at thair handis of the samene; and gif the samene be fund done by ony persounes, that they salbe callit and convenit thairfore before his hienes justice and his deputtis as violent and masterfull oppressouris of his hienes subjectis and punischit thairfore according to justice. As also the saidis estaittis, considdering that besyiddis the ordinarie† chargis whiche his majestie doeth daylie undergo for the mantinance of the honour, estate and dignitie of his hienes kingdomes, the extraordinarie burdingis whiche now lyeth upoun his majestie by the occasione before writtin ar so gryit and doethe so neare concerne everie loyall and trew hearted subject of this kingdome as memberis of that bodie quhairoff his majestie is the heid, that in dewtie they think thame selffis bund to beir a pairt of that burding and to releiff his majestie thairoff; thairfore, besyid the ordinarie taxatioun abovewrittin, the saidis estaittis have for the space of foure yeiris nixt and immediatlie following the terme off Mertimes nixtocum voluntarlie and frielie grantit unto his majestie a yeirlie extraordinarie taxatioun off the tuentie pennie of all annuelrentis whiche anye persoun or persounes within this kingdome hathe frielie dew and payable unto thame yeirlie or termelie (thair awin annuelrentis quhairin they ar addettit to utheris being first deduced); the first termes payment quhairoff salbe and begin at the feist and terme of Mertimes nixtocum, and so furth yeirlie and termelie at Witsonday and Mertimes untill the saidis four yeiris and the aucht termes payment thairoff be fullie and compleitlie outrune. And whereas the saidis estaittis have by act of parliament authorized all and sindrie heretabill schirreffis, stewartis, bailyeis and bailyeis of regalities and thair deputtis and the provest and bailyeis of borrowes who ar heretabill schirreffis within thame selffis within the boundes of thair jurisdictiounes, and lyikwayis the clerkis within the jurisdictiounes where these offices ar not heretable, quhilkis clerkis have thair offices ad vitam, to collect the said extraordinarie taxatione and mak payment thairoff to the collectour generall to be appoyntit by his majestie for ressaveing of the same, thairfore, and for inbringing of the same extraordinarie taxatioun, the saidis estaittis ordanis lettres to be directit chargeing all and sindrie the saidis heretable schirreffis, stewartis, bailyeis, bailyeis off regalities and thair deputtis and the saidis provest and bailyeis who ar heretable schirreffis within thame selffis, as lyikwayes the clerkis within the jurisdictiounes quhare the offices ar not heretable, that thai and everie ane of thame be northe the revar of Dee within the space of fyvetene dayes efter everie terme of Martimes and Witsondaye, and that thai and everie ane of thame be southe the revar of Dee within the space of ten dayes efter everie terme of Martimes and Witsonday, delyver to his majesties said collectour generall a trew and just accompt and inventar of the haill soumes off money dew† to be payit by any persoun within the boundis of thair jurisdictioun for his pairt of the said extraordinarie taxatioun, and that they gif up the samin compt and inventar upoun thair aithe solemlie sworne that the same is just and trew, and mak payment unto his majesties said collectour generall or to his deputtis in his name haveing his powar to ressave the same off the whole moneyis dew to be payit to his majestie conforme to the said compt and inventare within tuentie dayes efter ilk terme, under the payne of rebellioun etc. And incace the saidis schirreffis, stewartis, bailyeis,† bailyeis of regalities and clerkis fayill, to denunce and escheate etc., for whois releiff that lettres be directit chargeing all and sindrie the saidis annuelrentaris to mak payment to the saidis schirreffis, stewartis, bailyeis, bailyeis of regalities, clerkis, provest and bailyeis of borrowes off the said tuentie pennie of all annuelrentis frielie dew and payable to thame within tuentie dayes nixt efter the charge, under the payne of rebellioun etc. And gif they failyee, to denunce and eschete etc. And gif neid be, that the saidis schirreffis, stewartis, bailyeis, bailyeis of regalities, clerkis, provest and bailyeis of borrowes poynd and distreingyie thairfore as they sall think most meit and expedient. And his majestie and estaittis foirsaidis ordanis the lordis of sessione to be onlie judges to all suspensiounes to be cravit and suittit be anye of oure soverne lordis liegis tuicheing the saidis taxatiounes, whiche suspensiounes his majestie and estaittis foirsaidis findis may be grantit upoun lauchfull and equitable ressones to be considderit by thame; and dischargis all uther judges within this realme of granting of anye suspensiounes thairanent. With powar to the saidis lordis to diligate fyve at the leist of thair ordiner number as they think expedient, to sitt, cognosche and decyid the saidis suspensiones in tyme of vacance gif neid be.
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Oure soverane lord, with advise and consent of the estaittis of parliament, ratifies, approvis and for him and his succesouris perpetuallie confermis all and whatsoevir infeftmentis, giftis, donationis and utheris rightis and tytilles maid and grantit by his majestie or anye utheris his most noble progenitouris to his hienes Charles, prince and stewart off Scotland, his majesties derrest sone, or onye utheris his hieghnes the prince predicessoures, princes and stewartis of Scotland, of whatsoevir landis, lordschipis, baronies, superiorities, offices, teyndis, annuelrentis, advocatiounes, donatiounes and rightis of patronage of kirkis, benefices, chaiplanries, alterages and utheris whatsoevir quhairevir they ly within the kingdome of Scotland, togidder with all actis of parliament, utheris actis, lawes, statutes, consuetudes, immunities, honouris, priviledgis, prerogatives and liberties quhatsoevir made, introduced or joysit be his hienes, the prince, or anye his hienes predicessoures princes of Scotland in anye tyme bygane, nochtwithstanding quhatsoevir actis of parliament, utheris actis, lawes or constitutiounes whiche may appeir to derogate to the same, or that may or can be extendit or be interpreit in the contrarie thairoff, ather speciall or generall. And further declairis that this generall ratificatioun salbe als effectuall as giff all and sindrie the saidis infeftmentis, giftis, donatiounis, actis, priviledgis, immunities, prerogatives and utheris foirsaidis wer at lenth heirin expressed, named and numberit. Anent the whiche, his majestie, with advyse and consent off the estaittis, have dispensit and dispens by these presentis, reserveing alwayes the landis and utheris assignit for the intertenement of the castell of Dumbartene to be applyit to that use untill sum uther provisioun be made thairto in place of the same.
[1621/6/17]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, understanding that thair be dyverse kirkis within this kingdome whiche by the late commissioun appoyntit for plantatioun off kirkes in the parliament holdin in Junii 1617 wer not setled nor prowydit with constant stependis, but whiche yit remayne disfurnischit and unprowydit off anye competent meanis to be gevin to the ministeris quha salbe prowydit to the charge and functioun of the cure of the same; and thairwith also his majestie, considdering that thair have bene heirtofore sindrie kirkis united togidder and conjoyned in ane, albeit upoun goode consideratiounes it may be fund more expedient that the same unione be dissolved and that the saidis kirkes be prowydit severallie with distinct functiounes and seperate services at suche places quhair the commoditie may afforde in the same maner as gif no suche unioun hade bene made; and siclyk becaus thair be sum kirkes quhairoff the parochin is of sa lairge boundis that manye of the parochoneris, duelling in roumes of the parochin so remote frome the kirk, who, for the gryit distance of the place or for the interjectioun of wateris betuix thair roumes and the kirkis whiche often tymes, and in speciall in winter, ar not passable, or for sum suche uther knawin impediment can not have access and repair to the paroche kirkes at the ordinarie tymes appoyntit for divyne service and worschipe, and enjoye the confort of the exercise thairoff; and oure soverane lord, according to the princelie and godlie indewmentis quhairwith his majestie is singularlie blessed, being most carefull to establische all gude and propagate the religious and trew worschip of God universallie throchtout this whole kingdome, quhairthairow all his people maye have occasione to participate the benefite of the worde without feeling of anye of these prejudices growing frome the abovewrittin occasiounes, whiche his majestie in his royall and fatherlie care over his peple is most desyrous to have removeit; thairfore his majestie, with expres advyse and consent of the estaittis of parliament, hathe granted full power and commissioun to the lord chancelar for the tyme and to the reverend fatheris in God, Johnne, archebischope of Sanctandros, James, archebischope of Glasgow, Alexander, bischope of Dunkeld, Adame, bischope of Dumblane, Andro, bischope of Gallowaye, Jhonne, bischope of Cathnes, sex persounes nominat for the clergie and prelattis, and, incace of deceis off anye of thame, to Patrik, bischope of Ross and Patrik, bischope of Abirdene, whiche tua persounes the estaittis have nominated to supplie and becum in the place of anye of the uther sex aforesaidis if anye of thame salhappin to deceas before this commissioun be finischit, to wit, the first of the tuo in place of the first of the sex deceissing: to Johne,† erle of Wintoun, Robert, earle of Louthiane, Thomas, earle of Melros, Johne, vicount of Lauderdaill, Johnne, lord Balmerinoche, David, lord Carnegie, sex persounes nominate for the nobilitie, and, incace of anye of thir deceas, to Johnne, earle of Wigtoun, nominate to becum in the place of the first deceissing, and Walter, erle of Bucleugh, nominat to becum in the place of the secund. To the commissioneris underwrittin nominate for the barones, to wit: Schir Richard Cokburne of Clerkingtoun, knycht, lord previe seall, Schir Williame Levingstoun of Kilsyith, knycht, Schir James Dundas of Arnestoun, knycht, Schir Archebald Naper off Merchinstoun, knicht, Schir Andro Ker of Pharnehirst, knycht, Alexander Lawder of Haltoun, and, incace of any of thair deceis, to David Crichtoun of Lugtoun and Schir Johnne Hammiltoun off Prestoun, persones nominat to becum in ordour as thai ar† named in place of anye of the sex deceissing, and to Johnne Byres, burges of Edinburgh, Maister Williame Fergusone, burges of Dundye, Andro Bell, burges of Linlithgow, Robert Tailyeour, burges off Sanctandros, Maister James Cokburne, burges of Hadingtoun, and Schir George Bruce of Carnok, knycht, burges of Culross, sex persounes nominat for the borrowes, and, incace of anye of thair deceis, to Alexander Clerk, merchand burges off Edinburgh, and Maister Alexander Wodderburne, clerk of Dundie, persounes nominat to supplie in ordour anye of the uther sex commissioneris foirsaidis deceissing. Whiche foirsaidis commissioneris, or onye four of ilk estate nominate as said is, consenting and aggreing in one voce, sall have power to consult, convene and ditermine upoun the materis and in maner underwrittin, prowyding alwayes that thair is and salbe requisite to the validitie of anye act, conclusioun, ordinance and determinatioun of the saidis commissioneris the conjunct assent of foure of everie ane of the saidis foure estaittis, all aggreing togidder in ane voce, without the whiche consent of the saidis foure of everie estate so aggreing the rest of the saidis commissioneris sall have no power to mak anye valide or effectuall conclusioun by vertew of this present commissioun, bot quhatsoevir salbe utherwayis done is declairit to be of nane avale, force nor effect. That is to say, oure soverane lord and estaittis of parliament, by the tennour heiroff, gevis, grantis and committis full power and auctoritie to the saidis commissioneris to meit and convene in the toun of Edinburgh at suche tyme and tymes as they sall appoynt and find convenient, and thair to call and summond before thame all patrones, takismen of teindis, gryit and small, and utheris heavand right by quhatsoevir tytill to the teindis of anye of the kirkis within this kingdome whiche ar not alreddye planted by the foirsaid first commissioun and whiche sall anye wayes be medlit with by this present commissione as they sall think necessarie and expedient, to exhibite and produce before them thair rightis and titles quhairby they clame the saidis teyndis, to be sene and considderit be the saidis commissioneris. With power unto thame out of the saidis teyndis of everie parochin and kirk not alreddie planted to appoynt and assignne at thair discretiones a perpetuall locall stepend to the ministeris present and to cum at all the saidis kirkis unprowydit as said is, and that nochtwithstanding anye right or tytill pretendit by the saidis takismen or utheris in quhois favoures teyndis have bene erected. With powar also to the saidis commissioneris to disunite suche kirkis, ane or mae, as war united of before and appoyntit to be servit by ane minister and as theye, upoun guid consideratiounes, sall find requisite to appoynt the same to be servit by severall functiounes and chargis as distinct parochines efter suche maner as salbe found by thame most expedient, prowyding alwayes that all pairties haveand enteres in the unione and disuniting of the saidis kirkis and plantatioun thairof giff thair expres warrand and consent thairunto. In the whiche cace of plantatioun and provisioun of the kirkes whiche salbe disjoyned as said is, the presentatioun of the ministeris salbe appoynted by the saidis commissioneris to pertene to the patrones conforme to thair right thairoff to be produced before thame, and as the saidis lordis commissioneris sall find most aggreable with reasoun and equitie. With power lyikwayis to the saidis comissioneris to appoynt and sett doun suche solide ordour for erecting and building of new kirkis in anye parochines quhair they sall find necessitie and conveniencie to do the same and where the parochoneris not presentlie weill and commodiouslie served at the present kirkes of the parochine, as they sall find maist expedient. And the saidis kirkes being erected, with power to the saidis commissioneris to prowyde the same with suche proportioun of stependis as they sall find may be with† least prejudice and best commoditie made out of the fruitis of the said parochines to the ministeris to be appoyntit to serve at the saidis new buildit kirkes. To the whiche building and making off new kirkis and prowyding the same with competent stependis, the saidis estaittis findes and declaires that it salbe expreslie necessarie that the patrones, takismen and utheris parties† haveing interesse in the erectioun and building off the saidis new kirkes and in planting and provisioun thairoff foirsaid gif thair expres warrand and consent thairunto; whiche being so had and obtenit, with power to the saidis commissioneris to procede thairin as is most aggreable with ressoun. It is alwayes declared that in all and everie one of the caces abovewrittin, that is to say, ather in prowyding of kirkis not plantit of before, or in disuniting of kirkes formerlie joyned and appoynting of severall and distinct stependis to the same, or in the erecting of new kirkis and provisioun of thame with ministeris and stependis, the saidis commissioneris salhave expres power and warrand to determine and appoynte suche proportioun and quantitie as they sall find expedient, ather amounting over the sowme off fyve hundereth merkis or benethe and under the same as they sall find may most convenientlie and commodiouslie be hade efter the consideratioun off the quantitie and estate of the fructis of the kirk, and the cace quhairin the same is and as may be with leist prejudice spared out of the same. And the saidis estaittis findes and declaires that the saidis commissioneris sall have no power by vertew of this commissione to alter or medle with ony kirk whiche wes setled be vertew of the foirsaid commissoun grantit in anno 1617 yeiris, or to cheinge the estate thairoff in onywayes, or yit to erect, build or prowyde anye new kirk without the speciall and expres consent of all parties haveing interes had and obtenit thairunto, without quhois consent it sall not be lauchfull for the saidis commissioneris in onywayes to tuiche the saidis kirkis so prowydit, bot the same ar expreslie excepted (except incace of consent foirsaid) out of this present commissioun. And also forasmuche as the saidis estaittis of parliament, considdering the particular petitiounes and supplicatiounes efterspecifit, it gevin in to thame be the persones underwrittin to the effect following, to wit: a petitione gevin in by Thomas Burnet of Leyis desyring ane new kirk to be erected and builded within the parochin of Fetteresso upoun anye pairt within the same parochin most ewest for the instructioun of the parochoneris of Fetteresso quha duell most remote frome the present kirk thairoff; item, ane supplicatioune gevin in by the gentlemen and parochoneris off the parochin of Rosnethe desyreing that the kirk of Rosneth, for the causes specifit in thair supplicatioun foundit upoun the incommodius situatioune of the said kirk, might be transportit out of the Yle of Rosnethe quahair it presentlie standis to that part of the maneland of the said parochin callit the landis of Ardinconnell, as place most convenient and indifferent for the haill parochoneris to resorte unto; item, a petitioun gevin in be Johnne, earle of Wigtoun, lord Fleming and Cummernald and remanent parochoneris of the parochin of Leinyee craveing licence to transport, found, build and erect† the kirk of the said parochin of Leinyie, presentlie standing at the west end of the parochin thairoff, to anye uther pairt of the same parochin neir the middis thairoff most convenient for the ease of the whole parochoneris, and, being buildit, to be declairit to be the onlie kirk of the said parochin of Leinyie; item, tuo warrandis gevin in under his hieghnes hand concerning the appoynting and determinating whiche of the tua kirkis off Lairbair and Donypace, formerlie united, suld be the ordinarie place of publict divine service of the saidis tua parochines, as in the samene tua patentis conteaning thair awin several desyres at mair lenth is conteanit; item, a petitione gevin in by the parochoneris of the parochines of Kilcharrane, Kilmichell and Kilchusland united by the former commissioune and off the parochones off Kilcolmekill and Kilblane, also united by the same commissioun, all lyand within Kintyre, desyreing libertie for building and erecting of a kirk for serveing of the first thrie parochenis with anye uther kirk for serveing of the tua last parochines, bothe united as said is; item, ane supplicatioun gevin in by Johnne, lord Hay of Yester and the possessoures of the landis of Rodonno, desyreing† that the samene landis of Rodonno, with the pertinentis, suld be declarit to have bene and to be in tyme coming a pairt of the parochin of Lyns; as also craveing that it might be lauchfull to the said Johnne, lord Hay of Yester to build a kirk upoun the maist commodius place of his landis of Roddono or Meggat for serveing of the inhabitantis thairoff at suche tymes as they suld be impedit by storme of wether frome coming to the kirk of Lynes; item, a supplicatioun gevin in to the saidis estaittis desyreing that the dissolutioun of the fourtie pund land off Buchannan frome the kirk of Luss and unione thairoff to the kirk and parochin of Inchecalyieoche done by the former commissioun might be now ratified and the same fourtie pund land declarit to remayne in tyme cuming as a pairt of the parochin of Inchecalyieoche; item, a petitioun gevin in by Patrik, bischope of Abirdene desyreing the estaittis to giff power to the foirsaidis commissioneris to ratiefie and appreve the voluntarie dissolutiounes of the former uniones of these kirkis within his diocie to the severall provisiounes, quhairoff the pairties haveing interes thairintill have consentit, and to admit these who mak offer at the sight of the bischope and presbiterie quhair the kirkis ly to prowyde the same severallie, albeit they sall not mak out the full rate and stepend appoyntit by the last commissioun; and last, a petitioun gevin in by the minister of the kirk callit Cryistis Kirk at Udney craveing the same kirk to be sufficientlie plantit and prowydit with a constant and locall stepend, and the same made sure to the minister serveing the cure at the said kirk, as the foirsaidis supplicatiounes, petitiounes and patentis respective abovewrittin in thame selffis more fullie proportis. And finding the desyres foirsaidis ressonable, oure said soverane lord and estaittis of parliament gevis, grantis and committis full power and authoritie to the saidis commissoneris to appoynt, determine and sett doun suche solide ordour anent the whole particularis abovementionat and everie ane of thame as they efter consideratioun and tryell had and takin by theme thairanent sall find most expedient and aggreable with reasoun, to the doing quhairoff in everie ane of the particularis foirsaidis (except anent the building of ane new kirk within the parochin of Fetteresso as is† desyrit be the laird of Leyis), the estaittis findis and declairis that it salbe onlie necessarie to summond all patrones, takismen and uther pairties whatsoevir haveing enteress in the particularis foirsaidis to heir and see ordoure takin in the premisses thairanent, that efter citatioun the commissioneris may considder of the interesse and prejudice, if anye salbe, qualifiet by any persoun before thame anent the particularis abovementionat and may then proceid thairin as they sall find most expedient. Bot the estaittis findes and declaires that in the setling and determinatione of the first particular abovementionat anent the building of a new kirk within the parochin of Fetteresso, there salbe expreslie requisite the speciall and expres consent and warrand of the pairties haveing interesse thairintill by and besyid the citatioun and summonding of thame to that effect, and findes and declairis that the decreit and sentence of the saidis commissioneris to be gevin by thame in all the particularis foirsaidis, and everie ane of thame, sall have the strenthe, force and authoritie of ane sentence and act of parliament siclyik as the same had bene done and determined by the saidis estaittis thame selffis. And becaus reasoun and equitie craveth that recompense suld be made unto the takismen and uther persones quhatsoevir quho salbe by the sentence of the saidis commissioneris hurt and prejudgit of thair present proffeit whiche they may lauchfullie bruik by vertew of thair tytillis and richtes establischit in thair persounes, and upoun quhome by vertew of the said sentence any burthing of the sustentatione and provisione of the saidis kirkis and ministeris is to be imposed, thairfore oure soverane lord and estaittis of parliament gevis full power and commissioun to the saidis commissioneris so to proceid in the determining of the said recompence, that incace the lord or ony uther haveing rycht to erected prelacies who salbe citat before thame refuis to tak the burthing of plantatioun of any kirkis belonging to the saidis erected prelacies whiche ar in anye of the cases abovewrittin, and that upoun thair refusall (the same refusall being first fund ressonable by the saidis commissioneris), the burding of the said plantatioun salbe laid and imposed by the saidis commissioneris in haill or in part ather upoun the principall takismen of any of the fruitis of the saidis kirkis, or, incace of the takismenis refusall, the burthing be imposed upoun the subtakismen thairoff. The saidis commissioneris sall have power to decerne, appoynt and ordane suche particular recompens to be gevin unto the saidis takismen or subtakismen by renewing of thair takis or subtakis efter the expyring thairoff upoun sick conditiounes as the saidis commissioneris sall find ressonable, respect being hade to the qualitie and proportioun of the burding to be imposed upoun thame within the tyme off thair takis and rightis farther then they ar astricted by thair saidis rightis or by appoynting sick uther ressonable satisfactioun as they sall find the said burthing and distres undergone by onye of thame sall deserve and requyre. Lyik as the saidis commissioneris salhave siclyk power to determine, decerne and appoynt suche particular satisfactioun and recompence to be gevin ather to layik patrones or to the takismen of the fruittis of the kirkis belonging to the lyik patronages, and subtakismen thairoff, as they sall think may be answerable to the burthing, to be imposed upoun ather of thame for the caus abovewrittin proportionallie. In the prescryveing of the whiche recompence, the saidis commissioneris sall have speciall respect quhat consideratione they find ressonable to be gevin to the saidis patrones for thair consentis to the takis, gif anye salbe appoynted and decernit to be sett and gevin to the saidis takismen for recompence foirsaid. And gif anye beneficed persone upoun just and ressonable causes refuis to prowyid onye kirk belonging to thair benefice according to the ordour heirby prescryvit, quhairby the burthing of plantatioune or farder provisioun of the kirk must necessarlie ly upoun the takismen or subtakismen of the fruitis thairoff, the saidis commissioneris in that cace also sall decerne suche recompense to be gevin to the saidis takismen and subtakismen for thair loss and prejudice sustenit, as the saidis commissioneris sall find the same sall merite, by renewing of takis unto thame upoun suche conditiones as may requyte thair loss, or by finding out sum uther ressonable meine whiche may repare the same. And oure said soverne lord, with advyse and consent of the saidis estaittis, declairis, statutes and ordanis that all takis whiche salbe decerned by the saidis commissioneris to be gevin in recompance to anye persone whatsoevir for the causes abovewrittin, and whiche salbe sett for obedience and conforme to the said decreit and sentence quhatsoevir yeiris or long space the saidis takis sall comprehend, salbe gude, lauchfull and sufficient securities to the persones in whois favoures the same ar appoyntit to be gevin and conceavit; nather sall the same be anywayes prejudgit by the act made in the parliament haldin in anno 1617, by the whiche it is statuted that no archebischope, bischope or prelate suld sett in tak anye pairt of thair patrimonie for longer space nor nyntene yeiris, and that no inferiour beneficed persounes sall sett in tak anye pairt of thair benefice for langer space nor thair awin lyiftymes and fyve yeiris thairefter, as the said statute proportis; frome the whiche statute the saidis takis so appoynted to be sett and gevin in recompence ar and salbe exceptit and reservit and sall nowayes cum under the compas of the same act and statute nor in any thing thairin conteanit, bot the same sall remane and abyid valide and sufficient rightis for the haill space and yeiris appoyntit thairin according to the tennour thairoff, nochtwithstanding of the said act and statute. And becaus it may fall furthe that in the recompence to be appoyntit by the saidis commissioneris to the patrones, takismen and subtakismen for the aforesaid burthing to be imposed upoun thame mae yeiris may be assignit for prorogatioun of thair present takis nor may lauchfullie or convenientlie be sett by the present beneficed persones to quhome by law the setting of takis of teyndis belongis, for remeid thairoff, oure soverane lord, with advyse and consent of the saidis estaittis, declaires, statutes and ordanis that it salbe lauchfull for the commissioneris foirsaidis to appoynt als manye yeiris efter the expyring off the present takis to the takismen of the saidis kirkis and teyndis, or to the patrones and subtakismen respective, for bruiking of the saidis teyndis for recompence of the said burthing as they sall think ressonable, whiche salbe als gude, valide and sufficient rightis to the saidis patrones, takismen or subtakismen respective, and unto thair airis and assigneyis, for bruiking, possessing and disponing on the saidis teyndis during the saidis yeiris of prorogatioun as giff gude, lauchfull and valide takis and rightis of the saidis teyndis had bene sett and made to thame by the titularis off the benefices to quhome the same belongeth, with consent of all pairties haveing interesse. With expres provisioun and declaratioun that at the expyring off all the saidis yeiris, the right of the saidis teyndis and power to sett takis thairoff sall returne and appertene to the foirsaidis titularis of the foirsaidis benefices as they did before the making of this present act. And oure said soverane lord, with advyse of the estaittis, declairis and ordanis this present commissioun to begin upoun the tent day of Januare nixtocum, with continewatioun of dayes, and to lest and indure during the space of yeir and day thairefter; and efter the whiche tyme the same sall cease and expyre. And ordanis the decreit and sentence of the saidis commissioneris in all the particularis foirsaidis and everie ane of thame to have the strenthe, force and authoritie of ane decreit, sentence and act of parliament. For obedience quhairoff, the lordis of sessioun sall direct and grant lettres in forme as effeiris and according as salbe necessary. Whiche commissioun abovewrittin,† taking force and full effect in all the saidis particularis thairin conteanit as the same ar sett doun and comprehendit thairin by pronunciatioun of decreit and sentence upoun the same, conforme to the powar thairin† comprehendit gevin unto the saidis commissioneris, oure soverane lord, with expres consent and assent of the estaittis in that cace, findes and declairis that no persoun in quhois favoures the teyndis of kirkis and benefices ar erected, nor no uther quhatsoevir bruiking teyndis by vertew of rightis lauchfullie made to thame off the same according to the lawes of this realme then standing, salbe evir farder alterit or querrellit in anye of thair saidis rightis in any tyme to cum farder then salbe appoyntit by the said decreit and sentence to follow upoun this present commissioun, bot the saidis rightis and securities incace foirsaid sall remayne in thair awin strenth, force and effect as gude, lauchfull and sufficient rightis and securities to thame and everie ane of thame for thair awin pairtes for bruiking and enjoying of the saidis teyndis conforme to the tennour off the saidis rightis for now and evir.
[1621/6/18]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considdering that his majesties liegis ar gryitlie damnified and prejudgit be the abuse and evill custome whiche heirtofore hes bene observed in comprysingis, whareby lordschipes, baronies and uther gryit portiounes of landis ar comprysit for small soumes of moneye and thairby the compryser hes right to the mailles, dewties and proffittes of the landis, nochtwithstanding that they far exceid the proffite of that soume of money for the whiche the saidis landis ar comprysed; for remeid quhairof, it is statute and ordanit that the compryser sall have no farder right to the mailles, fermes and dewties of the comprysit landis by vertew of the comprysing led at his instance during the yeiris and space that the same is redimable, bot onlie to suche pairt and quantitie thairoff as will correspond to the annuelrent of the soume at ten for the hunderethe, for the whiche comprysing is led with this provisioun alwayes and expres declaratioun: that giff the mailles and dewties off comprysed landis exceed the proportioun of the annuelrent of the foirsaidis soumes for the whiche the comprysing is deducit, and that the compryser pleis to intromet thairwithe and according thairunto that he have intromissioune with the same, in that cace his foirsaid farder intromissioun whiche sall extend to anye gryiter quantitie than will justlie satisfie him of the foirsaid annuelrent salbe ascryvit in payment and satisfactioun off his principall soumes pro tanto. Lyikas the estaittis findes and declaires that the same farder intromissioun salbe ascryvit in that payment off the said principall soume so that giff it salhappin that the quantitie of the mailles and dewties to be intromettitwith by the compryser to extend unto asmuche as will satisfie the haill principall sowmes with the ordinarie annuelrent thairoff according to ten for ilk hundereth, and the expenses bestowit be the compryser in passing and obtening infeftment of the superiour off quhome the landis ar holden, togidder with the annuelrent off the saidis soumes so gevin be the compryser to the superiour for entering of him to the comprysit landis and the necessarie expenses and chargis wairit and bestowit by the said compryser in leiding and deduceing the said comprysing, in that cace thairefter the comprysing to expyre ipso facto and to ceas in all tymes† following; and giff that the persoun aganes quhome comprysing is led be minor and of lesser aige, it is statute and ordanit that it salbe lauchfull to him at onye tyme within his perfyit aige of tuentie fyve yeiris compleit to redeme the saidis comprysit landis by payment of the soumes for the whiche the said comprysing was led and of the lauchfull annuelrentis thairoff according to ten for ilk hunderethe, togidder with the expenses bestowed in passing and obtening of the infeftment frome the superiour and ordinarie annuelrent off the same, togidder also with the necessarie expenses bestowed in leiding and deduceing off the said comprysing as is above writtin; and that nochtwithstanding of the preceiding lawes and practike of this kingdome by the whiche the legall reversioun of comprysit landis expyrit within sevin yeiris efter the leiding of the comprysing, frome the whiche his majestie and estaittis hes by this present act and statute excepted minoures in all tymes cuming, declairing the same nawayes to rune aganes thame; bot it is declared that gif a minor redeme not landis comprysit (the right of reversioun quhairoff is competent in his persoun) within sevin yeiris efter the leiding of the said comprysing, bot, according to the benefite grantit unto him by this present act, suffer the comprised landis to remane unredemit with the compryser during all the yeiris of his minoritie and less age, then and in that cace the compryser sall have gude right to medle and intromet with the haill maillis and dewties of the comprysed landis off all these yeiris subsequent efter the expyring off the saidis sevin yeiris and intervening betuix thame and the saidis yeiris of his majoritie and perfyit age of tuentie fyve yeiris compleit, nochtwithstanding that the dewties of the landis extend to more then will answer to the annuelrent of the money for the whiche the landis is comprysed. And gif it salhappin a minor haveing right to redeme comprysit landis as said is to deceis before he be of perfyit age off tuentie fyve yeiris, and that a uther minor be heire or succede unto him in his right of reversioun and tytill competent to him for redemptioun of the saidis comprysit landis, that minour so succeiding in the rightis salhave the same libertie and priviledge abovewrittin for redemptioun of the saidis landis siclyke and in the same maner as gif they had bene comprysit frome him selff, quahirin he sall nawayes be prejudgit by the yeiris whiche ran efter the comprysing in the lyiftyme of that persoun minour in quhois right he succedit, bot that he may siclyik lauchfullie redeme the same at anye tyme before his majoritie as said is. And it is declaired that incace anye minour haveing the right of the said reversioun competent unto him salhappin to deceas efter the expyreing off sevin yeiris outrune efter the said comprysing, and that a persoun of perfyte yeiris succeide to the said minour in the right of his reversioun aforesaid, in that cace the said persoun major so succeiding salbe halden and astricted to redeme the saidis comprysed landis within the space of yeir and day efter the deceis of the said minor in quhois right he succeidit, utherwayis the said redemptioun not being useit by him within that space he salbe perpetuallie secludit frome all benefite quhilk he may clame by the reversioun and successioun thairto foirsaid and all power of redemptioun of the saidis landis by vertew thairoff; bot gif at the tyme off the minoures deceis all the saidis sevin yeiris wer nocht expyred, it salbe lauchfull for his said successoure (being major) to redeme within the space of so manye of the saidis sevin yeiris as wer not outrune the tyme of the minoris deceis, siclyik as gif the saidis landis had bene comprysit frome the said minour him selff; whiche tyme being expyrit and he doing no diligens, he salbe excludit frome the benefite of his reversioun. And it is speciallie prowydit that in all the abovewrittin† caces, gif the comprysed landis be not worthe such yeirlie quantitie of maill and dewtie as will proportionallie effeir to the annuelrent of the said money at ten for everie hunderethe, for the whiche comprysing is led, or, being worthe that, the same is exhaustit by uther lauchfull deidis whiche may render the same unproffitable to the compryser and unansurable to the annuelrent of the soumes for whiche† he hath comprysed, ather in haill or in pairt, then and in that cace the redemer, quhidder he be major or minor, salbe haldin before he can redeme or outquyte the saidis landis frome the compryser to refound and pay to him the full annuelrent and proffite off the soumes for the whiche the landis wer comprysed so far as he wanteth and inlaiketh by the benefite of his said comprysing. And gif the rent of the land so comprysed consist in victuell, the estimatioun and consideratioune thairoff salbe had according to the commoun pryces of victuell in those schyres quhair the comprysed landis ly according as the same geveth betuix Yule and Candlemes. And the saidis estaittis declairis that this abovewrittin statute sall nowayes extend nor be prejudiciall to comprysingis quhilkis ar alreddye prescryvit before the date of this present act.
[1621/6/19]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis off parliament, considdering the greit prejudice sustenit be dyverse and sindrie creditoures by deceas of thair debtoures, who, being prevenit by the diligens of thair concreditoures by obtening of sentences of adjudicatioun of thair defunct debtoures landis and estate inrespect of the refusall of the nerrest of kin to enter aires to thame, ar secludit frome participatioun of anye pairt off the landis and guidis pertening to thair saidis defunct debtoures, they being commoun dettoures to the saidis haill creditoures contrarie to all equitie and ressoun; for remeid quhairoff, it is statute and ordanit that all adjudicatiounes to be obtenit by anye persoun at anye tyme heirefter off anye of thair defunct dettouris landis and estate quhatsoevir, with all rightis and infeftmentis following thairupoun, salbe redimable frome the pairtie obtenar of the saidis sentences of adjudicatioun, thair aires and assigneyis at ony tyme efter the pronunceing of the same at the instance of anye conncreditoure of the said defunct dettour, or of anye creditour of the said persoun quha renunceth to be heire to his predicessoures quho sall happin thairefter to obtene decreit of adjudicatioun aganis the appering air of the defunct dettour; and that within the space of sevin yeiris nixt and immediatlie following the obtening of the saidis sentences off adjudicatione by payment of the soumes of money specifit in the saidis sentences, togidder with the annuelrent of the same soumes according to ten for ilk hundereth thairoff during the tyme of the not redemptioun off the same, and off the expenses sustenit by thame in obtening of the saidis sentences to be taxed and modifiet by the lordis of counsell and sessioun. By payment of the whiche soumes, the said concreditoure sall cum in the place and right of the pairtie frome quhome he redemeth and sall bruke the same by vertew thairoff perpetuallie thairefter, except it salhappin ane uther concreditour quha sall obtene the lyik sentence of adjudicatione to redeme the same frome him within the space abovewrittin; in the whiche cace it is declarit that the pairtie redemer in the secund, third or fourt roume and so furth so long as thair ar onie concreditoures salbe obleisit not onlie to pay the soumes conteanit in the adjudicatiounes obtenit at the instance off the pairtie frome whome he redemethe, bot also the haill soumes whiche wer payit by him unto the former concreditoures for redemptioun of thair adjudicatiounes with the annuelrent and expenses in maner abovespecifit. It is alwayes declared that gif the pairtie frome whome the saidis adjudicatiounes salbe redemit did uplift the fermes and dewties off the landis and utheris contenit in the adjudicationes, that then and in that cace the pairtie redemer sall not be holdin to pay anye annuelrentis or expenses bot in sa far as the same annuelrentis and expenses excede and ar mair then the maillis, fermis and dewties intromettitwith by the pairtie frome quhome the same is redemit. And giff the saidis maillis, fermes and dewties exceede bothe the annuelrent and expenses, it is declairit that the superplus salbe allowed in the principall soume by the sicht of the lordis of counsell, consideratioun being hade of the pryces of the fermes and victuell as the same wer commonlie sauld betuix Yuill and Candlemes in the schirefdome quhair the landis ly. It is alwayes declaired that these presentis sall nawayes be extendit to decreitis and sentences of adjudicatioun alreddie recovered. And siclyik it is declared that incace anye minor quha hes renuncit in his minoritie be reponit in integrum aganis the same renunciatioun, that then and in that cace he sall have place to redeme frome the haill creditoures by payment off the saidis haill soumes auchtand unto thame and quhairupoun they obtenit adjudicatioun in maner and with the provisiounes abovespecifit; and all the rest of the priviledgis grantit to minouris in comprysingis to be lyikwayes grantit in adjudicationes, quhilkis ar heir haldin as repeittit.
[1621/6/20]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, understanding that sindrie his majesties liegis who for gryit soumes have comprysit thair dettoures landis ar hevielie prejudgit throw the fraudfull abstracting or distroying of the wreatis, infeftmentis or confirmationes of the saidis comprysit landis, the saidis wreatis, infeftmentis and confirmationes not being registrated in the register of the gryit seall; heirfore wheras anye creditour hes comprysit landis haldin of his majestie and cannot recover furthe of the persounes handis frome quhome the same ar comprysit the kingis richt and confirmatioun of the same infeftment gevin unto thame thairoff, least the negligens of the pairtie not registrating the infeftment or confirmatioune efter the passing thairoff at the great seall, secunded with the subsequent fraude in abstracting and distroying the principall right and confirmatioun, suld injustlie indamnadge the trew creditoure and compryser, his majestie, with advyse and consent of the saidis estaittis, willis and declairis that gif the saidis infeftmentis and confirmatiounes of the saidis persones fra quhome the saidis landis ar comprysed have past the prevye seall and be registerated in the register thairoff, that, nochtwithstanding the want of the infeftment and confirmatioun under the gryit seale or the extract thairoff, the extract of the said infeftment or confirmatione furthe of the register off the previe seall, the same thairefter being past the greit seall, at anye tyme salbe a sufficient right to the compryser wherby to posses and enjoye the landis comprysed conforme to the lawes made anent comprysingis, als frielie in all respectis as gif the saidis infeftmentis and confirmatiounes wer extant and registerated in the register of the gryit seale. Prowyding alwayis that this present act sall nawayes hurt nor prejudge anye third persone quha hes infeftment or confirmatioun of the saidis comprysed landis past the gryit seale of ane anterioure date to the said infeftment so past the greit seale in maner aforesaid, bot salbe onlie of force and effect aganis that persone frome whome the landis ar comprysed, his airis and successouris.
[1621/6/21]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, understanding that a guid number of kirk landis pertening unto bischoprickes and thair cheptoures ar disponit of old to be haldin be service of warde and releive, whiche forme of halding yeildis no present nor constant rent and commoditie bot is onlie a casualitie whiche waiketh not often, and quhen it waikethe, is gifted and disponit by the present titularis to thair awin particulare use without anye benefite to thair successoures; whereas gif the saidis kirklandis wer sett in few ferme for a competent yeirlie dewtie, the same wald not onlie augment and meliorat the estate off the benefice, bot also diminische the occasione of applying of kirk rentis to particular useis. And his majestie, out off his royall care and princelie dispositioun, intending the preservatioune of the estate off the saidis bischoprikes and there chaptouris, and thairfore being most eirnest to avoyde and remove this evill, his majestie and estaittis statutes and ordanis that it salbe lauchfull for all bischopes and memberis of chaptouris who have landis haldin of thame by service of warde and releiff to sett the same in fewferme for payment of a competent fewferme dewtie and doubling the same at the entrie of the air, prowyding that the said few ferme dewtie be answerable to the retoured dewtie of the landis; and quhair the landis hes not bene retourit, that the retoure be rewlit according to the custome of retoures of landis in the cuntrey of the lyik valoure where the saidis landis ly. And declairis that this present statute sall remayne in full force and effect for the space of thrie yeiris efter the dait heiroff onlie and no longer quhill farder ordoure be takin thairanent.
[1621/6/22]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considdering in the fyift parliament haldin be his majestie upoun the tuentie fyve day of Julii in anno jM vC fourscoir auchtene yeiris, cap. 62, his hienes, with advyse and consent off the estaittis, found and declared that the ministeris and reidaris aucht and suld pay no teynd for thair gleibis and kirklandis extending to four aikeris of land designit unto thame, conforme to the act of parliament, bot decernit and declared thame to be frie of thair saidis teindis and dischargit thame simpliciter thairoff in all tyme cuming. Lyikas in the parliament haldin at Perth, the nynt day of Julii in anno jM vjC and sex yeiris, cap. 7, it is ordanit that thair salbe designit to the minisiteris serveing the cure at kirkis quhair thair is no arable land adjacent thairunto the number of foure sommes grese for everie aiker of four aikeris of glebe, extending to sextene sommes grese for the four aikeris of land, and that of the most commodius and best pasturage of anye kirk landis lying nixt adjacent and most ewest to the kirk; and ordanit lettres to be directed for the removeing the possessoures therefrome in suche lyik forme as aganis the possessoures of mansis and glebis. And in respect that the ministeris gleibis ar teynd frie, and that, by consequence, the soumes grese abovementionat designit in sted thairof, quhair no arable land is adjacent unto kirkis, aucht lyikwayis of all equitie and reasoun to be teyndfrie in respect the same is dedicated and appoyntit ad pios usus, heirfore oure said soverane lord, with advyse and consent of the whole estaittis of this present parliament, by the tennour heiroff, declairis that the ministeris and reidaris aucht and suld pay no teynd for thair soumes grese designit unto thame in place of thair glebe quhair no arable landis ar adjacent to kirkis, and decernis and declairis thame to be frie of thair teyndis and dischargis thame simpliciter of all payment thairoff in all tyme cuming.
[1621/6/23]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratiefies and approvis the act of parliament made in the monethe of Junii the yeir of God jM sex hundereth and sevintene yeiris anent restitutioun of cheptoures of cathedrall kirkis in all the heiddis, clauses, exceptiounes, limitatiounes and restrictiounes thairoff, and farder ordanis and declairis that all deiddis done sence the date of the said act, or to be done heirefter, whereby any member of anye cathedrall kirk being ane office of dignitie hathe or salbe supprest, or onye land, personage, viccarage or uther leving belonging to the said dignitie dissolved frome the same without ane expres warrand frome his majestie and consent of parliament, ar and salbe with all that have followed or sall follow thairupoun null and of na force nor effect, and salbe so fund in all tyme heirefter be way of actioun, exceptioun or reply. Prowyding alwayes the Merques of Hammiltoun, his right to the personage of Hammiltoun and Dalserff, the Earle of Marr, his right to the personage off Carnewathe, and anye uther persone haveing lauchfull rightis conforme to the lawes of the cuntrey before the act of parliament in anno ane thousand sex hundereth and sevintene yeiris be nowayes hurt or prejudgit heirin.
[1621/6/24]*[print] [email] [cite] [preceding] [following]
Forasmuche as by dyvers actis of parliament it is statute and ordanit that no persone use paking nor peeling of woll, hyiddis nor skynnes, loss nor layde outwithe free borrowes and priviledgis of the same, nochtwithstanding quhairoff dyverse strangeris and utheris inhabitantis within this realme do continewallie resorte to the yles and uther places thairabout with thair schippes, barkis and crearis and utheris veschellis and do not onlie pack and peell skynnes and hyiddis, bot also do transport frome thence butter, talloun and uther forbiddin guidis, to the gryit contempt off the saidis lawes, in manifest defraud of oure soverane lord, his customes. For remeid quhairoff, oure soverane lord, with advise and consent of the estaittis of the present parliament, statutes and ordanis that no strangeris nor inhabitantis within this realme tak upoun hand to pak or peell anye hyiddis or skynnes in the saidis places off the yles, outwithe the free borrowes, nor that thai transport, tak away or carye furthe off this cuntrey anye butter, talloun or uther foirbiddin guidis under payne off tynsell and confiscatioun of the hyddes and skynnes so packed and peeled by thame and of tynsell and confiscatioun of the schipe and whole guidis that the awner of the saidis foirbiddin guidis hath within the same. And ordanis the schirreffis of the schyres and thair deputties and overlordis off the landis where the saidis skynnes and hyiddis ar packit and peeled, or frome whence the saidis forebidden guidis ar transported, to put this present act to executioun as they will answer unto his majestie upoun thair office and obedience.
[1621/6/25]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, understanding that thair may sindrie protexiounes be socht by bankruptis and utheris who ar addettit in gryit soumes of money, quhairby the executioun dew unto the creditour by the lawes of the cuntrey aganis the dettour may be frustrat, to the gryit damnadge of the creditour; for remeid quhairoff, it is statute and ordaned that heirefter the lordis of sessioun sall grant no protectioun frome anye executioun dew and competent aganes any man of the law, and declairis that gif anye salbe heir efter grantit, the granter of the same salbe subject and lyable off the law to the creditour for the sowme frome the whiche he hath grantit protexioun.
[1621/6/26]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considdering the monyfold evillis and inconvenientis whiche ensew upoun carding and dyceing and horse races whiche ar now over muche frequented in this cuntrey, to the gryit prejudice off the liegis, and becaus honest men ought not expect that anye wynning hade at anye of the games abovewrittin can do thame guid or prosper, have thairfore statute and ordaned that no man sall play at cairdes nor dyce in any commoun hous, toun ostlarye or kuikis housis under the payne off fourtie poundis money off this realme, to be exacted off the keiper of the saidis innes and commoun housis for the first fault, and loss of thair liberties for the nixt. Mairover, that it sall not be lawfull to play in onye uther private manis house bot quhair the maister of the famielie playes him selff. And giff it salhappin anye man to win anye sowmes of money at carding or dyceing attoure the soume of ane hundereth merkis within the space of tuentie four houres, or to gayne at waigeris upone horse races anye soume attoure the said soume of ane hundereth merkis, the superplus salbe consignit within tuentie four houres thairefter in the handis of the thesaurer for the kirk (if it be in Edinburgh), or in the handis of suche of the kirk sessioun in the cuntrey parochines as collectis and distributis money for the poore of the same, to be employed alwayis upoun the pure of the paroche quhair suche wynning sall happin to fall out. And to the effect that ather excess in playe may be thus restrayned, or at the leist that excessive winning may be employed as said is, oure soverane lord, by actis of his supreme court of parliament, gevis full power and commissioun to the bailyeis and magistrattis of borrowes, the schirreffis and justices of peax in the cuntrie to persew and convene all suche persounes for all wynning at cardes or dyce and horse races whiche salhappin to be made by any persoun by and attoure the said soume of ane hundereth merkis money foirsaid. And incace the magistrat informed thairoff refuis to persew for the same, the pairtie informer sall have actioun aganis the said magistrat for double of the lyik soume, the ane half quhairof to be gevin to the pure and the uther halff to the pairtie informer.
[1621/6/27]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and the estaittis of this present parliament, understanding that dyverse beneficed persounes under the degrie of prelattis have taken occasioun upoun the act made in our late parliament holden at Edinburgh, the tuentie aucht day off Junii ane thousand sex hundereth and sevintene yeiris, intitulated 'Anent the setting of takis by prelattis and utheris beneficed persounes', to sett takis and assedatiounes of the landis and teindis of thair saidis benefices or sum pairtes and portiounes thairoff unto dyverse and sindrie persounes for the said beneficed persoun, his lyifetyme, and for the space off fyve yeiris efter his deceis, without consent of the patrone, albeit the said act of parliament geveth no suche libertie to anye beneficed persounes under the degree of a prelate to sett suche takis, bot onlie declaireth for quhat spaces a bischope or uther prelate may sett and for quhat spaces a beneficed man under the degree of a prelate may sett, whiche was done by the estaittis to restrict the unbounded libertie useit in setting off takkis for many lyverentis and nyntene yeiris; and the said declaratioun nowayes taketh away the lauchfull solemnities required to the setting of the saidis tackis ather by consent off the cheptoure or patrone, whiche still remaynethe in the owen force, underogate, utherwayis it suld be lauchfull for a prelate to sett tackes for nynetene yeiris without consent of the cheptoure, whiche is altogidder absurde. And seing by ane expres act maid in oure soverane lordis fourtene parliament haldin at Edinburgh, the aucht day off Junii jM vC fourscore fourtene, it is fund and declaired that no beneficed persone under a prelate within this realme may in tyme thairefter sett longer tackis of teyndis or uther pertinentis of thair benefice without consent of thair patrounes bot for the space of three yeiris onlie, whiche act standeth in full force, strenthe and effect and is nawayis annullit nor takin awaye by the said posteriour act abovespecifit, thairfore his majestye and estaittis foirsaidis, for eschewing of all controversie that may arryse upoun the said last act, declairis that the said last act makis no dirogatioun unto the said first act, and that all takis sett by beneficed persounes under the degrie of prelattis sence the said aucht day off Junii 1594 off anye pairt of thair saidis benefices langer nor for the space of the saidis thrie yeiris, without consent of thair patrones, ar null and off nane availl, conforme unto the said first act above specified.
[1621/6/28]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considdering that by the act of parliament haldin in Junii 1617 thair wes a commissioun grantit unto certane persounes thairin nominat for appoynting and establischeing a constant mett and measour for bying and selling off victuell within this realme, whiche commissioneris gave out thair sentence and determinatioun declairing the measour and firlote of Linlithgow to be the just and onlie firlote quhilk suld be used by all his majesties lieges in buying and selling of victuell, nochtwithstanding quhairoff thair ar manye and gryit abuses committit in this kingdome contrarie to the said act and determinatioun of the saidis commissioneris to the prejudice of his majesties lieges; for remeid quhairoff, his majestie and estaittis foirsaidis has ratiefied and approved and, be the tennour heiroff, ratefies, approves and confermis the act and statute respective abovewrittin in the haill heiddis and conditiounes of the same after the forme and tennour thairoff, and commandis and chairgis all his majesties lieges and subjectis to acknawledge, embrace, obey and observe the same act and statute respective in the haill heiddis and conditiounes of the same in forme and maner speciallie and particularlie mentionat and sett down thairintill efter the formes and tennoures thairoff under all hiest payne, charge and offence whiche they may incur throw thair dissobedience and as they wilbe answerable thairanent.
[1621/6/29]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis off parliament, understanding of the fraude and frequent abuse committed by many of his majesties subjectis, byeris and blokeris of victuell, who, knawing that thair ar constant and setled measures laufullie establischit by the lawes and statutes of this kingdome by the whiche all sortes of victuell universallie ought to be bocht and solde according to the quantitie appoynted by the saidis mettis, without adding of anye quantitie to the same or diminischeing thairfrome, yit nochttheles, when they mak thair barganis and conditiounes anent the buying of anye particular quantitie of victuell, they, by thair indirect dealing, manye tymes caus the seller aggree to superadde and delyver unto thame by and attour the trew quantitie that is bocht and solde at the pryces convened upoun sum certane farder quantitie off victuell, less or mair, as they may best move the seller to condiscend to and for the whiche they ar not subject in payment of anye pryce, to the gryit prejudice of the liegis and the manifest abuse and elusioun of the law. For remeid quhairoff, it is statute and ordanit that it sall not be lauchfull for anye of his majestyes subjectis to blok or aggrie upoun the pryce of victuell, more or less, except thai first aggrie and condiscend upoun the pryce of the first boll off the bargane, whiche, being so aggreit upone, the said pryce sall reull the haill quantitie of the rest of the bollis to be resavit by the buyer, who sall have no eik nor additioun of anye farder quantitie except upoun the payment off that same pryce as is conditionat for the said first boll. And gif anye persoun contravene this present act, he sall pay the soume of fourtie schillingis for everie boll of victuell ressavit by him contrarie to the tennour of this act, and that by and besyid the pryces of the victuell; the halff of the said soume to his majestie and his thesaurer and the uther halff thairoff to the pairtye dilatour of the same.
[1621/6/30]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent off the estaittis convenit in this present parliament, ratiefies and apprevis and for his hienes and his successoures perpetuallie confermes the act of the lordis of counsell and sessioun made aganis dyvoures and bankruptis at Edinburgh, the tuelff day of Julii 1620, and ordanis the same to have and tak full effect and executioun as ane necessarie and proffitable law for the weill of all his hieghnes subjectis, off the quhilk act the tennoure followes:
The lordis off counsall and sessione, understanding by the grevous and just complayntis of many of his majesties gude subjectis that the fraude, malice and falshoode of a number of dyvoures and bankruptis is becum so frequent and awowed and hathe alreddy taikin sick progres to the overthairow of many honest menis fortounes and estaittis that it is liklie to dissolve trust, commerse and faythfull dealing amang subjectis, quhairupoun must ensew the ruine off the whole estate gif the godles deceatis of those be not preventit and remeidit, who, by there apparent welth in landis and guidis and by thair schow of conscience, credite and honestie drawing into thair handis upoun trust the money, merchandice and guidis of weilmeaning and credoulous persounes, do no wayes intend to repaye the same, bot ather to leiff ryioutouslie by wasting of uther menis substance, or to enriche thame selffis by that subtile stealthe of trew menis guidis, and to withdraw thame selffis and thair guidis furth of this realme to elude all executioun of justice; and to that effect, and in manifest defraud of thair creditouris, do mak simulate and fraudfull alienationes, dispositiounes and utheris securities of thair landis, reversiounes, teyndis, guidis, actiounes, dettis and utheris belanging unto thame to thair wyiffes, childrene, kynnismen, alleyis and uther confident and interposed persounes without anye trew, lauchfull or necessarie caus and without anye just or trew pryce intervening in thair saidis barganis, wherby thair just creditoures and cautioneris ar falslie and godleslie defraudit off all payment off thair just dettis and manye honest famelies liklie to cum to utter ruine. For remeid quhairoff, the saidis lordis, according to the powar gevin unto thame by his majestie and his most noble progenitoures to sett doun ordouris for administratioun of justice, meaning to follow and practize the guid and commendable lawis, civill and cannone, maid aganis fraudfull alienatiounes in prejudice of creditouris and aganis the authoures and partakeris of suche fraude, statutes, ordanis and declairis that in all actiounes and causes depending or to be intentit by any trew creditour for recoverie of his just debt or satisfactioun of his lauchfull actioun and right, they will decreit and decerne all alienatiounes, dispositiounes, assignatiounes and translatiounes whatsoevir made by the dettour of ony of his landis, teyndis, reversounes, actiounes, dettis or guidis quhatsoevir to anye conjunct or confident persoun without trew, just and necessarie causes and without a just pryce realie payit, the same being done efter the contracting of lauchfull dettis frome trew creditoures, to have bene frome the beginning and to be in all tymes cuming null and off nane availl, force nor effect at the instance of the trew and just creditour be way off actioun, exceptioun or replye, without farder declaratour. And incace anye of his majesties gude subjectis (no wayis pertakeris of the saidis fraudis) have lauchfullie purchesit anye of the saidis bankeruptis landis or guidis by trew barganis frome just and competent pryces or in satisfactioun of thair lauchfull dettis frome the interposed persounes trusted by the saidis dyvoures, in that cace the right lauchfullie acquyrit be him quha is nawayes partaker of the fraude sall not be annulled in maner foirsaid, bot the ressaver off the pryce of the saidis landis, guidis and utheris frome the buyer salbe haldin and obleisit to mak the same furth cuming to the behuiff of the bankruptis trew creditouris in payment of thair lauchfull dettis; and it salbe sufficient probatioune of the fraude intended aganis the creditoures if they or onie of thame salbe hable to verefie by wreate or by oathe of the pairtie receaver of anye securitie frome the dyvoure or bankrupt that the samen wer made without anye trew, just and necessarie caus or without anye trew or competent pryce, or that the landis and guidis of the dyvoure and bankrupt being sold by him who bocht thame frome the said dyvoure, the whole or the maist pairt of the pryce thairoff wes converted or to be converted to the bankruptes proffite and use, prowyding alwayes that so muche of the saidis landis and guidis or pryces thairof so trusted by bankruptis to interposed persounes as hathe bene reallie payit or assignet by thame to anye of the bankruptis lauchfull creditoures salbe allowed unto thame, they making the rest forthcuming to the remanent creditoures who want thair dew paymentis. And if in tyme cuming anye of the saidis dyvoures or thair interposed partakeris of thair fraude sall mak anye voluntarie payment or right to ony persoun in defraude of the lauchfull and more tymelie diligence of ane uther creditoure haveing servit inhibitioun or useit horning, arreistment, comprysing or uther lauchfull meane dewlie to affect the dyvoures landis or guidis or pryce thairoff to his behuiff, in that cace the said dyvoure or interposed persone salbe holdin to mak the same furthcumand to the creditour haveing used his first lauchfull diligens, who sall lyikwayis be preferrit to the concreditour, who being posteriour unto him in diligence hathe obtenit payment by partiall favoure of the dettour or of his interposit confident, and salhave gude actione to recover frome the said creditour that whiche wes voluntarlie payit in defraude of the persewaris diligens. Finallie, the lordis declairis all suche bankruptis and dyvoures and all interposed personis for covering or executing thair fraudis and all utheris who sall gif counsell and wilfull assistance unto the saidis bankruptis in the dewysing and praktiezing of thair saidis fraudis and godles deceittis to the prejudice of thair trew creditoures salbe reputed and holden dishonest, fals and infamous persones, uncapable of all honoures, dignities, benefices and offices or to pas upoun inquestis or assysses or to beir witnes in judgement or outwith in anye tymes cuming.
[1621/6/31]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent off the estaittis off parliament, haveing considderit the act and ordinance of secreit counsell made anent pryces sett doun to be takin by all wreateris, clerkis, keiparis of seallis and utheris particularlie expressed in the said act, whiche is of the date at Edinburgh, the fourte day of Februare jM vjC and sex yeiris, hath ratiefied and confermit the same in everie poynt and article thairoff, which all and sindrie the premisses oure soverane lord, with advyse and consent foirsaid, ratiefies and apprevis in all poyntis in maner as the same proportis, and gevis unto thame the strenthe of lawes and actis of parliamient, and ordanis executioun to pas upoun the same as effeiris. Off the whiche the tennour heirefter followethe:
Apud Edinburgh, quarto die mensis Februarii 1606. The lords of secreit counsell and sessioun, considdering the gryit extorsioun useit by the wreateris and clerkis of all judicatories within this realme in extorting frome the subjectis of the cuntrey suche unressonable and exhorbitant pryces for thair wreatis as ought not to be sufferit in a weill governit commoun wealthe, procuring thairbye not onlie privat grudgis bot publict exclamatiounes aganis the withgait and libertie grantit unto suche shamefull scafferie and extorsioun, heichlie to his majesties offence and contempt, hurt and prejudice of his majesties gude subjectis and to the reproache and slander of the judges under whois office and judicatories the saidis clerkis and wreateris serve; for remeid quhairoff in tymes cuming, the lordis of secreit counsell and sessioun have sett doun the pryces off all lettres, actis, infeftmentis and wreatis proper unto quhatsoevir clerkschip within this realme, togidder with the pryces of the signet, previe and grychte seallis quhairby the subjectis of the cuntrey may knaw and understand quhat pryces they ought to giff for everie letter, wreat, extract and seall heirefter and be nowaye subject to undiscretioun of the wreateris and keiparis of the seallis, whiche pryces now sett doun by the saidis lordis for the† ease, benefite and releiff of the subjectis of the cuntrey, the saidis lordis ordanis and commandis all and sindrie wreateris and clerkis and the keiparis of the seallis, everie one in thair awin severall charge and office, to observe and keip and in nowayis to exceede the saidis pryces upoun quhatsoevir cullour or pretence, under the payne of deprivatioune off the contravenar frome the office and seale whiche he possesseth; and ordanis and commandis the saidis clerkis and wreateris to wreat all thair letteris, actis, wreatis, registeris and suche uther thingis as pas throw thair office and handis compactlie, and in nowayis to abuse the people with disperse wreating, under the payne to be censured and punischit as abuseris of his majesties subjectis and as contravenaris of the saidis lordis ordinance now sett doun anent the saidis pryces. Commanding and chargeing also all and sindrie clerkis and writteris beiring publict functioun and charge within this kingdome that thai, and everie ane of thame, within the space of a moneth efter the date heiroff, have the just and autentik [double]† of this act and of the pryces following thairupoun affixit in sum publict and patent place of thaur buith and chamber quhair they wreate, quhairthairow all his majesties subjectis haveing adoe with thame may have inspectioun of the same and accordinglie knew quhat to pay. And that the saidis wreateris and clerkis sall wreate upoun the backis of all wreatis to be gevin out by thame the just and ordinarye pryce whiche they ressave frome the pairtye for thair paynes, and subscryve the same with thair handis under the said payne of deprivatioun of the contravenare.
The pryces sett down to the clerkis of oure soverane lordis signet to be takin heirefter for all signatoures to be formed and writtin by thame
Pryces sett doun to the keiparis of the thesauraris register to be takin heirefter of all sick giftis and signatouris as pas the said register
Prowyding that the payment (per capita) exceed not ten persones, thair eschete and lyverent to pay the double of the same soumes.
Prowyding that the payment (per capita) excede not ten persones, and thair eschete and lyverent to pay the double of the same sowmes.
Prowyding that the payment (per capita) exceid not ten persones, thair eschete and lyverent to pay the double of these soumes.
Pryces sett doun to the keiparis of the collectoures register to be takin heirefter off all sick lettres as pas that register
Pryces sett doun to the keiparis of the register off benefices to be takin heirefter of all sick lettres as passis that register
Pryces sett doun to the writteris to the previe seill to be takin heirefter of all suche lettres and wreatis as passis that office
Pryces sett doun to the directour of the chancelarye to be takin heirefter of all sick lettres and wreitis as passes that office
Prowyding that the whole payment exceid not tuentie poundis.
Prowyding that the whole payment exceid not l lib.
Pryces sett doun to the writteris to the signett to be takin heirefter of all lettres, summondis and wreatis quhilkis passes thair handis, excepting alwayis signatouris, the pryces quhairoff ar alreddy sett doun
Pryces sett doun to the ordanarie clerkis of the sessioun to be takin heirefter of all suche lettres, actis and wreatis as passis that office
And in materis of contentious disputatioune hard in presens of the saidis lordis, the pryce of the act of litiscontestatioune to be at the discretioun of the pairtye.
Pryces sett doun to the clerk of the billis before the sessioun to be takin heirefter off all billis and actis proper to that office
Pryces sett doun to the clerk of previe counsell to be takin heirefter of all sick lettres and wreitis as passes that office
Pryces sett doun to the clerkis of the exchekquer to be takin heirefter of all wreatis whiche pas that office
Pryces sett doun to oure soverane lordis signet to be takin heirefter be the keipar thairoff for all lettres and wreatis whiche pas the signet
And accordinglie for everie persoun relaxed or compositioun at the discretioun of the keipar of the signet.
A patronage being insert in a baronye, to pay the halff pryce that the baronye payis at the signet.
A taxt warde being insert, to pay likwayes the halff pryce that the landis or baronye payeth at the signet.
A regalitie, to pay the whole pryce that a baronye payis at the signet.
Pryces sett down to the keiparis of the previe seall to be takin heirefter for all lettres and wreitis that passis the seale
The lyverent and eschete to pay the double of this soume.
Thair eschete and lyverent to pay the double of this soume.
Thair eschete and lyverent to pay the double of this soume.
And accordinglie for everie persoun and everie cryme conteanit in the signatour.
And accordinglie for everie persoun mae of that rank and for everie cryme contened in the signatour.
And accordinglie for everie persoun of that rank and for everie cryme conteaned in the signatour.
For a patronage, insert in a baronye the halff pryce of the previe seale.
For a taxt warde, the halff pryce that the land or barony payeth at the previe seall.
For ane regalitie, the haill pryce that the baronye payeth at the previe seale.
Pryces sett doun to the gryit seall to be takin heirefter for all sick infeftmentis and wreatis as passis that seale
That the keipare of the gryite seale exceide not the quadrupill off the previe seale, bot conforme thame selff thairunto in all poyntes.
Anent chamber fees
The lordis off secreit counsell and sessioun findis that in tymes bygane quhen the dewtie of the chamber feis first came in custome that† no infeftment nor signatour payed chamberfee except onlie resignatiounes made in the kingis handis and, thairfore, the saidis lordis declare, statute and ordane that in all tyme cuming no infeftment nor signatour sall paye chamber fee except onlie resignatiounes of landis haldin of his majestie, and that the dewtie of the chamber fee to be takin for the saidis resignatiounes salbe equall and proportionall unto the dewtie and pryce dew to the previe seale for the landis whiche salbe resigned. Commanding heirby his majestyes uscheris and thair deputtis appoyntit for collecting of thair said fee that thai onnawayis violate this present act bot conforme thame selffis thairunto in all poyntis as thai will answer upoun thair obedience, and that the keipare of the signet and previe seale in nowayes staye nor hinder anye letter of wreate at thair seallis for alledgit not payment of the chamber fee under the payne of deprivatioune.
Pryces set doun to the procutouris fiscall to be takin heirefter for formeing off testamentis
Pryces sett doun to the commissarie clerkis to be takin heirefter of all suche lettres and wreatis as passis thair office
And further as the wreating salbe of quantitie at the discretioun off the judge, and the extract of the same as muche and further at the discretioune off the said judge.
The extract thairoff subscryvit be the principall clerk, halff as muche.
Pryces sett doun to the schirref clerkis, stewart and bailyie clerkis and clerkis of regalitie and to clerkis in services by comissioun to be receaved by thame for all sick lettres, actis and wreatis as pas thair offices
And the lordis of secreit counsell expreslie prohibite and discharge that no act of revocatioune or renunceatioun be resavit by judiciall compeirance without a warrand in wreat beiring registeratioune.
Prowyding alwayis that the decreit exceid not xl s. how long soevir the decreit be.
And not to exceid xx s. how long soevir the horning be.
Pryces sett doun to the clerkis of the admiralitie to be takin heirefter for all lettres, actis and wreitis as passis that office
And incace it be more then a scheite, that the payment excede not xx s.
It is alwayes ordanit and commandit by the saidis lordis that the payment exceid not xl s. how long soevir the decreit be.
Pryces sett down to the keiparis of the secretaries register to be takin heirefter for all sick lettres as passis that office
The lordis of secreit counsell and sessioun command and ordane the clerkis keiparis of the saidis registers of the secretarie that thai and everie ane of thame conforme thame selffis in thair pryces to the actis of parliament made anent the pryces of sick lettres and wreatis as pas throche thair registeris, and that thai onnawayes presume to exceid the saidis pryces under the payne of deprivatioun.
Pryces sett down unto the clerkis within burgh to be takin heirefter for all suche lettres, actis and wreittis as pas the office of commone clerkschipe within burgh
Prowyding that the whole payment exceid not iij lib.
And incace of ma landis not to exceid liij s. iiij d.
The lordis of secreit counsell and sessioun ordanis and commandis that no proces be granted before inferiour judges in the first summondis bot upoun lybellit preceptis and citatioun of fyvetene dayes warning conforme to the act of parliament, and ordanis these presentis to be publischit and imprinted. Attoure oure soverane lord, with consent foirsaid, hes simpliciter dischargit the haill subjectis and liegis of this realme of all sick bygane penalties, unlawes and punischmentis whiche they, or ony of thame, have incurred throw breking and violating off the said act of counsell in anye tyme bygone preceiding the date heiroff, and decernis the same to be of strenthe, force and effect aganis the transgressouris tharoff in all tyme cuming onlie. And farder, oure said soverane lord, with consent foirsaid, geveth and granteth full power and commissioune unto the lordis of his hienes previe counsell to tak ordour for setting down and appoynting of suche particular pryces as ar omittit to be sett doun by the said act of counsell; and quhatsoevir the saidis lordis of previe counsell sall determine and ordane in the premisse, decernis the same to have the strenth and force of ane act of parliament in all tyme thairefter.
[1621/6/32]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considdering the gryit prejudice whiche dyverse of his majesties liegis sustene by the want of thair money lent and gevin furthe upoun band or contract or utherwayis justlie awand to thame by thair dettouris, quha, haveing useit all executioun competent to thame by law aganis thair dettouris by chargeing and putting of thame to the horne, ar forced efter many yeiris to receave thair principall soume and penaltie without anye satisfactioun of there annuelrent and interes of thair money in the meane tyme, whiche, as it is a prejudice unto the trew creditouris, so it is ane occasioun to the dettouris to coneteine his majesties charges and lettres of horning who resolve in end to pay na mair for releif of the horning efter manye yeiris delaye then they wer obleist unto at the begynning. For remied quhairof, his majestie, with advyse and consent off the estaittis of parliament, statutes and ordanis that whensoevir anye persone is denunceit rebell and put to the horne for not payment of soumes of money awand by him be band, contract or utherwayis, that efter the said denunciatioun the said persoun so denuncit salbe subject in payment off annuelrent for the saidis soumes for the whiche he is put to the horne, and that off all yeiris and termes frome the date of the said denunciatioun unto the tyme of the payment off the same; and that nochtwithstanding thair be no pactioun nor conditioun of annuelrent maid betuix the saidis pairties whiche may bind the said pairtie who is denuncit rebell unto the payment thairoff. And suche persones as ar now standing rebellis and at the horne, this act sall not worke aganis thame quo ad preterita, bot sall have strenthe and force aganis thame in tyme cuming frome the feist of Martimes nixt in this instant yeir of God jM vjC tuentye and ane yeiris; and they sall begyne to be subject in payment of annuelrent at that tyme and yeirlie and termelie thairefter untill the payment of the principall soume.
[1621/6/33]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittes of parliament, understanding the gryit streatis and necessities quhairinto the pure laboreris of the ground ar drevin and constranit, especiallie by the fraude and malice off servandis who ather refuis to be hyired without gryit and extraordinarie waiges promeisit unto thame, or utherwayis hyre thameselffis onlie frome Mertimes to Witsondaye, efter the quhilk terme of Witsonday they cast thame lowse, of purpois and intentioun to mak thair gayne and advantage by the extraordinarie warkis whiche befall in that seasone betuix Witsonday and Mertimes, suche as casting and wynning of peittis, turves, faill, dovettis, building of fold dyikes, scheiring in the harvest, for doing quhairoff they knaw the saidis husband men who have necessarlie ado thairwithe wilbe forced to hyre thame at daylie and oulklie wages and suche heigh raite as they pleis, to the gryit harme off the laboreris of the ground and all his majesties subjectis. For remeid quhairoff, it is statute and ordanit that it sall not be lauchfull for anye hyred servand frome Mertimes to Witsondaye to leiff his maister at the said terme of Witsonday and to rune louse in that service except he be hable to verefie to the justice of peace or constable of the boundis that he is hyred to ane uther maister frome the said feist off Witsonday to Martimes thairefter; and gif it be fund that he is not hyred to ane uther maister, then and in that cace it is declared that it salbe lauchfull unto his present maister to keip and detene him frome the said feast of Witsondaye unto Martimes for payment to him of sick wages as he payit unto him of before; and gif he refuis to serve, that the justice of peax sall have power to compell him thairunto; and gif the said servand off the qualitie foirsaid brek louse frome his maister, it salbe lauchfull for his maister to tak and apprehend him wheresoevir he findeth him and present him unto the constable or justice of peace upoun the ground quhair he salbe fund, who sall have power to compell the servand to returne unto his former maister (if it be fund that he be maister les and no uther wayis). And siclyk, his majestie and estaittis findes and declares that it salbe lauchfull unto all his majesties liegis who have necessarlie ado with laboure to tak, apprehend and employe in thair warkis quhatsoevir louse and maister les men and wemen quhome they sall find within thair awin boundis; and siclyik that the justices of peace and constable sall have power at the instance and desyre of quhatsoevir persoun, his majesties liegis, to force and compell all and quhatsoevir louse men and wemene to serve for competent hyre and wages.
[1621/6/34]*[print] [email] [cite] [preceding] [following]
For eschewing the danger quhairin manye of his majesties liegis stand by counterfuteing and falsefeing of evidentis, it is statuted and ordanit that whosoevir maketh and usethe a false wreate, or is accessorye to the making thairoff, salbe punischeit with the paynes dew unto the committeris of falshoode; and it sall not be lauchfull for anye persoun, counterfuter, falsiefer or accessorie quhatsoevir to declare in judgement that he passeth frome the wreate querrellit of falshoode, bot gif efter the tryell the wreate querrelled be fund false, the passing frome or declaratioun of the pairtie that he will not use the same sall nawayis freith him frome the punischement whiche is dew unto those who commit falshoode.
[1621/6/35]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis off this present parliament, considdering the complaynt made by the barrounes, schirreffis, stewartis, bailyeis and utheris friehalderis within this kingdome concerning the danger whiche all oure soverane lordis liegis do daylie underly for haveing transgressed penall statutes whiche have a pecuniall or arbitrarie payne adjected thairunto, and the gryit hurte and prejudice sustened by granting commissiounes unto private persounes for executioun of the same statutes whiche hath bene used amang the commoun people at sindrie tymes with intollerable rigour and exactioun of before, have dischargit, frielie pardonit and remittit, dischargis, frielie pardonis and remittis all contravenaris of anye of the saidis penall statutes for all deidis done by thame contrarie to the tennour of the same statutes in tymes bygane, except onlie the statutes concerning wearing and beiring of hagbuttis and pistoletis, taking of unlawfull usurie, transporting of money and gold and slaying off red and blak fische, whiche ar nowayis dischargit by this present statute nor comprehendit heirintill. As also oure said soverane lord, with advyse and consent off the saidis estaittis, statutes and declairis that heirefter commissioun for putting of penall statutes to executioun sall onlie be grantit unto honest men of gude qualitie who salbe sufficientlie authorized by the lordis of secreit counsell for dischargeing of thair office, and absolutely dischargis in tyme cuming James Cranstoun, his deputtis or officiaris to call or convene onye persoun or persounes for slaying of red or blak fische, and frome hence furthe declaires the power of his commissioun grantit unto him to that effect to be quyte, extinguischit and abolischit.
[1621/6/36]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis off parliament, understanding that thair ar sindrie infeftmentis and utheris wreatis whiche pas his hienes gryit seale that in tyme bygane, efter the expelling thairoff and appending of the seale thairunto, have, throw the oversight and negligens off the ressaveris thairoff in the not returning of the same to the directour of his hienes chancelarie and his deputtis, bene omitted to be registerated in thair buikis and the registeris appoyntit for that effect; and considdering that the not registratioun of the same infeftmentis and wreatis tendeth to the gryit hurt and prejudice of the persounes unto quhome the same ar grantit and pertene, thairfore oure said soverane lord and estaittis of parliament, for remeid heiroff, statutes and ordanis that in tyme coming when ony infeftment or uther wreate or evident whiche passis his hienes gryit seale salbe formed and wreatin by the directour of his hienes chancellarye or his deputtis, the same efter the wreating thairoff salbe delyverit by thame unto the pairtie ingevar of the saidis infeftmentis or uther wreatis foirsaidis, to the effect he may get his hienes gryit seall thairunto appendit; at the delyverie quhairoff, the pairtie ressaver of the same sall onlie be haldin and astricted to pay at that tyme to the directour of the chancelarie or his deputtis that one half of the pryces allowit unto him by the buike of raittis for wreating of evidentis to the gryit seill, and that onlie in consideratioun of the paynes takin in formeing and wreating of the saidis wreatis and evidentis, without paying before hand the uther halff of the saidis pryces, whiche heirby is appoyntit to be reservit unpayit quhill the same be registerated in maner eftermentionate. Whiche infeftmentis and evidentis being delyverit to the keipar of the gryit seale, and he haveing appendit the same seale thairto, and being satisfiet of the pryce dew to him, thairfore ordanis the keipar of the gryit seall to returne and redelyver the same infeftment or uther wreat foirsaid so sealled by him bak agane to the directour of his hienes chancellarie or his deputtis, to the effect the same infeftmentis, evidentis or uther wreatis foirsaidis by† be registerated by him in the registeris and buikis appoyntit for that effect; whiche being so registerated, ordanis the directour of his hienes chancelarye and his deputtis to delyver the same to the pairtie, he being satisfiet of the uther halff of the pryce foirsaid reteined by the pairtie and unpayit by him at the tyme of the wreating of the saidis evidentis to the gryit seall as dew for the registeratioun thairof in maner abovewrittin. And also oure said soverane lord statutes and ordanis all and quhatsoevir persounes who have anye infeftmentis, wreatis or securities grantit unto thame and alreddy past the gryit seale and whiche ar not as yit registerated to returne the same back agane unto the directour of his hienes chancelarie within the space of a yeir efter the publicatione of this present act, to the effect the saidis infeftmentis and wreitis may be registerated by the said directour of his hienes chancelarie and his deputtis and that gratis and without anye payment to be gevin unto him thairfore.
[1621/6/37]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of parliament, considdering the gryit hurt coming unto this cuntrey by the superflous usage of unnecessarye sumptuousnes in meat, apparell and utherwayis, and that by all soirtis of pepill promiscuislie, without distinctioun of persounes of rankis or qualitie, for repressing the said abuse in tyme cuming, doe statute and ordane that nane of oure soverane lordis liegis of whatsoevir qualitie or degrie sall wear anye cleithing gold or silver cloathe, or any gold or silver lace upoun thair apparellis or ony pairt of thair bodies heirefter, and that no maner of persoun salhave anye apparell of velvote, satine or utheris stuffes of silk except noblemen, lordis of parliament, prelatis, his majesties counsellouris, lordis off sessioun, baronis of qualitie haveing of frie yeirlie rent fourscore chalderis victuell or sex thousand merkis of silver, and the provestis off the principall borrowes within this kingdome, or these who have bene provestis, with suche also as salhappin to be or have bene provestis, bailyeis, deane of gild and thesaurer within the toun of Edinburgh, excepting also rectoures of universities. And it is statuted and ordaned that these persounes whiche ar permittit to weare the saidis apparelling of silk sall nawayis have embrodering or ony lace or pasmentis upoun thair cloathis, except onlie a playne walting laice of silk upoun the seamis or bordouris of thair cloathis, with beltis and hatbandis embrodered with silk; and siclyik that the said apparrell of silk be nowayis cut out upoun uther stuffes or silk except upoun a singill taffietie, and that the wyiffes of the saidis priviledgit persounes, thair eldest sones and eldest dauchteris unmaried and the childrene of all noble men be licentiat to weare thair apparrell in maner aforesaid only under the payne of a thousand pundis toties quoties.
2. Item, that no persoun of whatsoevir degrie salhave pearling or ribbening upoun thair ruffes, sarkis, neipkines and sokkis except the persounes before priviledged, and the pearling and ribbening to be so worne by thame (if anye be) to be of those made within the kingdome of Scotland under the payne off ane hunderethe pundis toties quoties.
3. Item, that nane weare upoun thair heiddis or buskingis any featheris, and nochtwithstanding it is permittit that anye persoun may weare cheynis or uther goldsmith warke haveing no staines nor pearles within the same. And that no persoun weare onye pearles nor precious staines except the persounes before priviledgit under the payne of ane thousand merkis to be payit be the contravenaris toties quoties.
4. And it is statuted that no persoun nor persounes except the priviledgit persones foirsaidis weare lanes or cambrike, and that no persoun whatsoevir wears upoun thair bodies tifneis, cobwebe, lanes or slyires under the payne off ane hundereth pundis toties quoties.
5. Nevirtheles, the kingis majestie, prince and thair ordinarie houshald servandis ar exemit fra this act and all the clauses thairoff.
6. It is moreover statuted that no servantis, men or women, weare anye cloathing except those that ar made of cloathe, fusteanis, canves or stuffes made in the cuntrey, and that thai sall have no silk upoun thair cloathis except silk buttones and buttoun hoillis and silk garteris without pearling or roses, under the payne of ane hundereth merkis toties quoties.
7. It is alwayis declaired that it may be lauchfull for thame to weare thair maisteris or mistressis olde cloathis.
8. It is heirby ordanit that no [cloathes]† be guildit with gold.
9. It is also declared that herauldis, pursevantis and lyikwayis trumpetouris be exemit fra this act.
10. Item, it is siclyke statuted that minstrellis be exemit.
11. Item, it is farder statuted that nane, except the priviledgit persounes foirsaidis, use damask naprie brocht frame beyound sey, under the pane of ane hundereth pundis toties quoties.
12. It is lyikwayis statute that no mae duilweiddis be made at the deathe off anye earle or countes, bot tuentie four at the maist; or for ane lord of parliament or ane lordis wyiff, bot sextene onlie; and for all other priviledged persounes before named, tuelff at the mais. And that nane except the priviledgit persounes have any honoures careit and these according to thair qualities. And that na duillweidis be givin to herauldis, trumpetouris or saullies, except by the earlis and lordis and thair wyffes; and the number of the saullies to be according to the number of duilweiddis, under the payne of ane thousand pundis toties quoties.
13. It is statuted that the faschioun of cloathes now presentlie used not to be cheingit by men or women, and the weareris thairoff under the payne of foirfaultrie of the cloathis and of ane hundereth pundis to be payed be the weareris and asmuche by the makeris of the saidis cloathis toties quoties.
14. It is ordaned that no castor hattis be usit or worne bot be the priviledgit persounes, under the payne of ane hundereth pundis toties quoties.
15. It is farder inacted that no cloathis sall be made efter the publicatioun of the act, bot according to the maner and conditioun before expremed. And that nane of the former dischargit cloathing be warne be no persoun efter Mertimes the yeir of God jM sex hundereth tuentie thrie yeiris, under the paynis respective abovesett down toties quoties.
16. Item, it is ordaned that the housband men and laboreris of the ground weare no cloathing bot grayes, quhyit, blew and selff blak claithe maid in Scotland, and that thair wyiffis and childrene weare the lyik under the payne of fourtie pundis toties quoties.
17. It is further statuted and ordaned that no persoun use anye maner of deserte of wett and dry confectiounes at banqueting, mariages, baptismes, feasting or anye meallis except the fruittis growing in Scotland; as also feggis, raisingis, plumdames, almondis and other unconfected fruittis under the payne of ane thousand merkis toties quoties, excepting suche lyik the use off the foirsaid foirbidden confectiounes to be lauchfull for the intertenement of his majestie, prince and thair traynes being within the cuntrey, and for ambassadouris and strangeris off gryit qualitie.
18. And it is statuted moreover that no persoun of quhatsoevir qualitie use anye feasting at buriallis or offer of other meatis except braid and drink; as lykwayis no persoun use anye eating or drinking at night wakingis or lyikwaikingis under the payne of ane thousand merkis toties quoties.
[1621/6/38]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament, considdering that sindrie persounes of meane qualitie acquyre unto thame selffis the heretable right of sindrie ruinous landis and wastes within the town of Edinburgh, and for want of meanes to build the same sufficientlie thaickes the same with straye and daillis, quhairby the landis nixt adjacent unto the same, builded upone the gryit chairgis and expenses of the heritoures, ar oftentymes brocht in gryite hazert and sometyme to decaye in tyme of suddane fyir; thairfore, and for further decoratioun off the said burgh, being the heid burgh of this realme, oure soverane lord, with consent of the saidis estaittis, statutes and ordanis that in all tyme to cum no maner of persoun or persones salbe suffered or permitted to builde anye housis within the said burgh of Edinburgh bot suche as salbe covered with sklaite or skailyee leid tyild or thakstane; and also statutes and ordanis that the heritouris of suche housis as ar alreddye thaicked with thack and straw (if the same thack or straw ruifes sall heirefter at anye tyme becum ruinous) salbe astricted to thaick the same agane with sklait or skailyee leade tyild or thackstone; and ordanis lettres of horning to be directit heirupoun aganis the heretouris of the saidis landis in forme as effeiris; and siclyik ordanis the provest and bailyeis of the said burgh to put this act to executioun.
[1621/6/39]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratiefies, apprevis and confermes the 106 act of the sevint parliament of King James the Fyift of worthie memorie, intitulated 'The creditour may persew him who is chargit to entir and enterit not', in all the heidis, articles and clauses thairof, with additioun and explanatione following: that the same salbe extended unto dettis awing by anye persoun him selff as weill as to those whiche wer addettit by his predicessoures, for the whiche debt it salbe als lauchfull for a creditour to charge anye persoun to entir air to his predicessoure and with the lyik certificatioune as gif the predicessour had bene dettour thairintill, quhairupoun comprysing may follow in maner specified in the said act.
[1621/6/40]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis off this present parliament, considdering that nochtwithstanding usurie and taking of unlauchfull annuel more then ten for ilk hundereth hathe bene by sindrie actis of before dischargit and foirbiddin, yit it hes bene usuall by ane evill and corrupt custome to tak or retene the annuelrent the tyme of the borrowing the money, quhilk in effect is ellevin of ilk hundereth at least; for awoyding quhairoff, statutes and ordanis that no persoun who lendis or gevis out money and ressavis annuel thairfore sall retene the tyme of the lending, exact, crave or ressave frome thair dettouris the annuel of thair lent soumes untill the terme of payment appoyntit by thair bandis be first cum; and it salbe lauchfull at the tyme of lending of money and making of bandis to ade the annuell unto the principall soume, prowyding alwayes nather principall nor annuell be exacted or cravit before the terme of payment appoyntit to the said band; and the contravenaris of this present statute salbe punischit as unlawfull usureris.
[1621/6/41]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis off this present parliament, by the tennour heiroff, ratiefies, apprevis and confermes the act of secreit counsell of the date the sevintene day of Februare jM sex hundereth and auchtene yeiris maid and sett doun by his majestie, with consent of the lordis of his hienes secreit counsell, aganis the baxteris, browsteris, flescheris, candlemakeris and utheris thairin conteanit, induellaris within Edinburgh, with the publicatioun and proclamatioun following upoun, in all and sindrie heiddis, poyntis, passages, circumstances and utheris specifit thairintill, conforme to the tennour thairoff in all poyntis; and willes and declaires the same to have bene in all tyme bygane sine the making and publicatioun thairoff, and to be and stand in all tyme cuming, gude, valiable and effectuall in the selff and to have the dew benefite and executiuon thairoff conforme thairunto aganis all who have transgressed or salhappin to transgres and contravene the tennour of the same, off the [quhilkis the] tennour followes:
Apud Edinburgh, decimo septimo die mensis Februarii anno Domini millesimo sex centesimo cecimo octavo. Forasmuche as the kingis majestie and lordis of his previe counsell, considdering the dangerous and fearfull abuse whiche hathe bene of continewance these many yeiris bygane within the burghe off Edinburgh by the tollerance, connivance and oversight whiche hathe bene gevin unto baxteris, browisteris and utheris to build and keip stakkis of haither, brome, quhinnes and uther fewall in the heart of the said burgh and in the vennallis and closses of the same, quhair sindrie of his majesties gude subjectis, inhabitantis of the said burgh, have, with gryit chairges and expenses, builded many guidlie housis and buildingis, to the credit of the said burgh and for the policie and decoratioun of the same. By the whiche stackis of heather, broome, quhinnes or uther fewall builded and keipt within the said burgh, not onlie ar the nightboures of the nixt adjacent pairtes thairunto haldin in continewall feare and dreddour and ar in verie great hazard and danger gif ather by negligens or wilfull malice (as God forbid) fyre suld be sett in the saidis stakes (as fell out by the fyring of sum stackis in Peibles Wynd in the 1584 yeir of God), bot a gryit number off pepill who ar inclyned and disposed to bestow sum pairt of thair estate upoun building within the said burgh ar with haldin therefrome for feare of the saidis stakkis. And besyiddis this abuse, whiche is bothe fearfull, dangerus and hes produced manye inconvenientis and gryit skaithe frome tyme to tyme to the said burgh, thair is ane uther schamefull abuse thairin whiche, altocht it be not altogidder so fearfull and dangerous as the uther, yit it is noyesum to the whole civill and honest nightboures and to all the nobilitie and cuntrey pepill whiche cum hither for thair privat adoes, and with that it is detestable in the sight of strangeris, corrupteth the air and cariethe manye disgracefull and schamefull imputatiounes aganis the said burgh as being a pudle of filthe and filthienes, to wit, the oversight whiche is gevin unto candlemakeris to keip thair chopes and housis quhair they melt thair talloun and craklingis within the heart off the said burgh, and to flescheouris to keip thair slauchter choppes within the town and to toome the filthe of the slauchterit goodis upoun the hie streittis and in oppin vennellis and closses, quhairby it often tymes falleth out that in manye streittis and vennellis of the said burghe the filthe of slauchterit goodes is in suche abundance, exposed unto the view of the pepill, and the closses and streittis ar so filled thairwith as thair can no passage be had throw the same. For removeing of the whiche tuo abuses so dangerus and disgracefull to the said burgh, the kingis majestie, with advyse of the lordis of his secreit counsell, hath resolvit, concludit, commandit and ordanit that frome the first day off Maii nixtocum thair salbe no stackes of heather, broome, quhynnes nor uther fewall keipit nor sufferit to be in anye of the vennellis, wyndes or closses of the said burghe, nor within housis nor upoun the streitis of the samene; and that no flescheris salbe sufferit by thame selffis, thair servandis or utheris in thair names to keip anye slauchterhousis within this burgh, nor in anye wynd, close or vennall of the same, nor to toome the blude and filthe of thair slauchterit guidis upoun the streittis or in closses or vennallis, nor that no candlemakeris keip thair melting houses within the said burgh, bot that the saidis stakis of hather, broome, quhynnes and uther fewall salbe varied, sett at some remote pairtes of the said burgh besyid the portis, wallis or northe loche syid where there ar no housis, and that the saidis flescheouris sall prowyid thame selffis of slauchter houses at the northe loche syid quhair they may have the use of the water for the awaytaking of the filthe off thair slauchterit guidis, and that the candlemakeris prowyid thame selffis of housis for melting of thair talloun and cracklingis at some remote pairtis of the toun frome the commoun streitis, closses and vennellis of the same. And ordanis lettres to be directit to mak publicatioun heirof by oppin proclamatioun at the mercate croce of Edinburgh, quhairthairow nane pretend ignorance of the same, and to comand, charge and inhibite all and sindrie persounes, inhabitantis within the said burgh, of quhat tred or calling so evir they be, that they, nor nane of thame, nor nane by thair command and directioun, found, build or keip any stakis or rukkes of haither, broome, quhynnes or uther fewall within anye of the closses, vennallis or wast places of the said burgh, nor within thair housis, and that thai remove the stackes whiche they alreddy have and builde the samen at sume remote places about the poirtis and wallis of the said burgh where there ar no housis or at the north loche syid betuix and the said first day off Maii nxytocum under the payne of confiscatioune of the same hather, brome and quhymes so to be stacked aganis the meaning and intent of this act; and further, under the payne of fyve hundreth pundis to be payit by thame so oft as they salhappin to faill. And siclyik to command all and sindrie flescheoures, inhabitantis within the said burghe, that thai prepare thame selffis of slauchter houses at the north loche syid quhair they may have the commoditie of water for thair use, and that thai in nowayes presume nor tak upoun hand efter the said day to toome the filthe or bloode of thair slauchterit goodes upoun the streittis, nor in the vennellis, closses and wyndis of this burgh. As also to charge all candlemakeris that thai betuix and the day foirsaid prowyid thame selffis of housis for melting of thair talloun and craklingis at sum remote pairtis of the town frome the commoun streitis, closses and vennellis of the same under the payne of fyve hundereth pundis money to be incurrit by everie persoun, flescheour or candlemaker, sa often as they sall faill. And siclyik to command and charge the provest and bailyeis of Edinburgh that thai have a speciall care and regarde to see this present act to be preceislie and inviolablie keipit as they will answer to his majestie and the saidis lordis upoun the dewtiefull discharge of thair office.
[1621/6/42]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estaittis off parliament, considdering the gryit abuse and libertie whiche hes bene useit these dyverse yeiris bygane by the subjectis of this realme in buying and selling of wyild foulles of the particular species following, to wit: of powithis, pertrikes, murefoulles, blakcokes, gray hennis, termigantis, quailyeis, caperkailyeis etc., for restrayning of the whiche abuse in tyme cuming oure soverane lord, with advyse and consent foirsaidis, statutes and ordanis that no persone quhatsoevir within this realme presume nor tak upoun hand to buy nor sell at anye tyme heirefter anye wyild foulles off the species foirsaid under the payne of ane hundereth pundis money to be incurred by the contravenar thairoff, buyar or sellar; and ordanis this present act to have the strenthe and force of ane act of parliament to be inviolablie observit in all tyme heirefter ay and quhill the same be lauchfullie dischargit or altered.
[1621/6/43]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament statutes and ordanis that no man hunt nor haulk at any a tyme heirefter quha hes not a pleughe of land in heretage under the payne off ane hunderethe pundis; ordanis his majestie to have the ane halff of the penaltie of the contravenaris of this present act and the dilatour to have the uther halff of the said penaltie.
[1621/6/44]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estaittis of this present parliament ratifies and approvis the act of parliament maide be King James the Third off worthie memorie in the sevint parliament anent the unlaw of stealing of haulkis, houndis, pertrickis and duickis in all and sindrie poyntis, heiddis, articles and clauses thairoff with this additioun: that the payne and penaltye of ten poundis thairin conteanit salbe now in all tyme coming augmentit aganis the contravenaris of the said act under the payne of ane hundereth poundis money of this realme; and also ratifeis and approvis all actis of parliament maid of before by his majesties most noble progenitoures anent the slaying and hounting of hairis, daes and rayes in tyme off snow, and statutes and ordanis the payne and penaltie aganis the contravenaris thairoff to be under the payne of ane hunderethe poundis money toties quoties as they salhappin to contravene the same; and ordanis the one halff of the payne to be incurred by the contravenaris of this present act to be gevin unto his majestie, and the uther halff to the persounes dilatoures of the contravenaris of the same.
[1621/6/45]*[print] [email] [cite] [preceding] [following]
Forasmuche as in this present sessioun off parliament thair ar many ratificatiounes and actis in favoures of particular persounes past, quhairin dyvers and new clauses ar insert whiche may be prejudiciall to particular pairties rightis and dirogative unto manye and sindrie lawes lawfullie made and establisched of before, albeit the meaning of the estaittis be at this tyme (as it wes evir in all preceiding parliamentis) that by no act of ratificatioun or act grantit to anye particulare persoun any uther pairtie suld be hurt or prejudgit. For remeid quhairoff, it is statuted and ordaned that no ratificatioun nor uther act made in favoures of any particular persoun salbe prejudiciall to anye private pairties right, bot that the saidis ratificatiounes and actis made in favoures of particuler persounes be alwayis understude salvo jure cujuslibet.