[1579/10/72]*[print] [email] [cite] [preceding] [following]
†The king's majesty, with advice and consent of the three estates of this present parliament, ratifies and approves the act made by his highness, with advice and consent of his right trusty cousin James [Douglas], earl of Morton, lord of Dalkeith, regent to his highness, his realm and lieges for the time, and three estates in parliament, entitled 'Approbation of the acts and proceedings done in name and authority of our sovereign lord and of the invalidity of all things attempted in the name or by colour of any other authority since his highness's coronation', and his highness and his said estates interpose their authority thereto and decree the same to have full strength, force and effect in all time coming, of the which the tenor follows:
Forasmuch as since the coronation of the king's majesty, our sovereign lord, diverse rebellious insurrections, treasonable conspiracies, open hostilities and disobediences have been raised against his highness's authority and regents, tending to the subversion of Christ's religion, the deposing of his majesty from his royal crown and confusion of the whole estate of the commonwealth of this realm; for resisting and repressing of the which treasonable, rebellious and dangerous enterprises and safety and preservation of our sovereign lord's innocent person, his regents, nobility and estates professing his obedience have been often constrained to use the process, judgement and execution of his highness's laws; as also force and hostility against his highness's declared traitors, rebellious and disobedient subjects, their assisters and partakers. Therefore it is statute and ordained by our sovereign lord, with advice of my lord regent's grace, the three estates and whole body of this present parliament, that all processes, judgements and executions of his highness's laws led, given and made in his majesty's name, criminally or civilly, since his highness's coronation aforesaid, either in parliament, privy council, justice courts, session and college of justice, exchequer or before the sheriffs, stewarts, bailies, provosts, aldermen and bailies of burghs and other judges and ministers of laws whatsoever, and all deeds of hostility in raising and conducting of men of war, battles, conflicts and otherwise, coining of money, taking and fortification of towns, castles, palaces, places, houses and policies, burning, destruction and demolishing thereof, intelligence, treaties and contracts made with whatsoever foreign princes or their lieutenants or ministers, bringing in of strangers in the towns and other parts of this realm, intromission with money, ammunition and moveable goods, taking up of rents, taking and detaining of prisoners, ransoms, booty, raising of taxes, impositions and others whatsoever done by our sovereign lord's regents, nobility and other subjects professing his obedience against the said declared traitors, rebels or disobedient subjects, their assisters and partakers whatsoever, at any time since our sovereign lord's coronation and before they obtained remission for that; as also all intromission with any of their livings, goods, gear, plenishing and other things being within their houses or upon their lands or rooms, notwithstanding whatsoever assignation, title or interest that any other persons may acclaim or pretend thereto, and all that followed or shall happen to follow thereupon, has been, is and in all time coming shall be reputed, held and esteemed as lawfully done and as good and profitable service for his majesty, tending to the preservation of the estate of Christian religion, the royal person and crown of our sovereign lord, resisting and repressing of his said rebellious and disobedient subjects and quieting of the country; and that the said regents and nobility and other subjects, their assisters and partakers, shall incur no hurt or danger thereupon in their persons, lands or goods, nor shall not be called nor accused for the same, criminally nor civilly, by any manner of way in time coming, discharging by this present act all and sundry his majesty's judges and ministers of his laws present and to come thereof and of their offices in that part for ever. And this act to be amply extended and interpreted in the favour of all such as professed our sovereign lord's authority and obedience against them which were disobedient thereto, their assisters and partakers. And in like manner it is declared and decreed by our said sovereign lord, his dearest regent, his three estates and whole body of this present parliament that all pretended processes, judgements and executions of laws, criminal or civil, either in pretended parliaments, council or before sheriffs, stewarts, bailies, provosts, aldermen, bailies of burghs or other judges or ministers of laws whatsoever, in name or by colour of any other authority since our sovereign lord's coronation aforesaid, have been, are and in all time coming shall be reputed, held and esteemed as unlawful, usurped, worthless and of no force, strength nor effect, and to have no manner of execution for any time past or to come without any process of reduction.
[1579/10/73]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication presented to our sovereign lord and his three estates by his highness's true and faithful subjects, who at all times since the beginning of the late civil wars within this realm have remained constant, without defection in his highness's service, with great hazard of their lives and loss of their goods, making mention that where his majesty at all times moved of clemency and piety grants the benefit of pacification to sundry persons that in the said civil wars plainly bore armour and took part with his highness's declared traitors, for the which causes they themselves also were forfeited and their lands, rooms and possessions fallen in his majesty's hands through the said forfeiture, were conveyed to the said complainers in recompense of their service, wherewith they since have intromitted and applied the duties thereof to their own use. Nonetheless, as they are credibly informed, the obtainers of the said pacifications intend to call the said complainers upon their intromission aforesaid, through which they shall be in far worse condition that have been his highness's true subjects from the beginning than they that have made defection, unless his majesty and his said estates provide remedy. Therefore, our sovereign lord, with advice of his said three estates, declares and decrees all and sundry his said true and faithful subjects which have remained constantly, without defection, at his obedience to be free and harmless of their aforesaid intromission at all hands that have obtained or shall obtain the said pacification, so that his highness's true and faithful subjects aforesaid, for their said true service, be not in worse case than they that were in his majesty's contrary.
[1579/10/74]*[print] [email] [cite] [preceding] [following]
Forasmuch as it appears the victual shall be scant this present year, and understanding that there is a great quantity of malt consumed in the whole parts of this realm by making of aquavitae, which is a great occasion of the dearth within the same, for remedy whereof, it is statute and ordained by the king's majesty, with advice of his three estates in this present parliament, that no manner of person within burgh or land, nor others whatsoever, make, brew nor distill any aquavitae from 1 December 1579 until 1 October 1580, under the pain of confiscation of the said aquavitae and breaking of the whole equipment of the makers, brewers and distillers thereof; providing always that it shall be lawful to every earl, lord, baron or gentleman, or other of such degree, to make, brew and distill the said aquavitae of their own malt and stuff within their own houses, for their own use and their friends; and ordains the sheriffs of the shires, provosts and bailies of burghs, stewarts, bailies of royalty and regalities and other ordinary judges within this realm to put this present act to execution in all points after the form and tenor thereof.