On the sixth day of parliament
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The parliament of the most excellent prince James VI, king of Scots, held in Edinburgh on 30 November in the year of the Lord 1581 by our said supreme lord the king and the three estates of his realm, together with the officials and ministers of the court as on the foresaid day.
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†Our sovereign lord, with advice of his three estates and whole body of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves all and whatsoever acts of parliament, statutes and constitutions passed and made of before, agreeable to God's word, for maintenance of the liberty of the true kirk of God and religion now presently professed within this realm and purity thereof, and specially the act made in the reign of [Mary], the queen, his dearest mother, in the parliament held at Edinburgh on 19 April 1567 concerning the quashing, annulling and abrogating of all laws, acts and constitutions, canon, civil and municipal, with other constitutions contrary to the religion now professed within this realm, and the acts likewise after following made in diverse parliaments held since his highness's coronation, namely, the acts concerning the abolishing of the Pope and his usurped authority; concerning the annulling of the acts of parliament made against God's word and maintenance of idolatry in any times past; the Confession of the Faith professed by the Protestants of Scotland; concerning the mass abolished and punishing of all that hears or says the same; concerning the true and holy kirk and of them that are declared not to be of the same; concerning the admission of them that shall be presented to benefices, having cure of ministry; concerning the king's oath to be given at his coronation; concerning them that should bear public office hereafter; concerning thirds of benefices granted in the month of December 1561, for sustaining of the ministry and other affairs of the prince; concerning them that shall be teachers of the youth in schools; concerning the jurisdiction of the kirk; concerning the disposition of provostries, prebendaries and chaplainries to bursaries to be founded in colleges; concerning the filthy vice of fornication and punishment of the same; concerning them that commit incest; concerning lawful marriage of the own blood in degrees not forbidden by God's word; ratification and approbation of the acts and statutes made of before concerning the freedom and liberty of the true kirk of God; concerning the true and holy kirk, that the adversaries of Christ's evangel shall not enjoy the patrimony of the kirk; concerning the disobedience which shall be received to our sovereign lord's mercy and pardon; the explanation of the act made concerning manses and glebes; concerning purchasing of the Pope's bulls or gifts of the queen, our sovereign lord's mother; approbation of the act made concerning the disposition of benefices to the ministers of Christ's evangel; concerning the reparation of parish kirks; the ratification of the liberty of the true kirk of God and religion, that the glebe of the ministers and readers shall be free of teinds; concerning the true and holy kirk and of them that are declared not to be of the same; concerning the jurisdiction of the kirk, discharging of markets and labouring on Sundays and playing or drinking in time of sermon; concerning the youth and others beyond sea suspected to have declined from the true religion; that householders have bibles and psalm books; for punishment of strong and idle beggars and relief of the poor and impotent; and declares the said acts, and every one of them, and all other acts of parliament made in favour of the true religion since the said reformation, to have effect in all points after the form and tenor thereof.
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†Item, because, for lack of preaching and teaching in sundry parts of the realm, many people are suspected to be fallen in great ignorance and danger of Godless atheism, it being found most difficult that in the charge of plurality of kirks any one minister may instruct many flocks, therefore it is thought expedient, statute and ordained by our sovereign lord and his three estates of this present parliament that every parish kirk, and so much bounds as shall be found to be a sufficient and a competent parish thereof, shall have their own pasture, with a sufficient and reasonable stipend according to the state and sufficiency of the place, and that all kirks to the prelacies annexed be provided of sufficient ministers with competent livings, as well lately conveyed since his highness's acceptance of the government of his own person as that shall become vacant and be provided hereafter until his highness's perfect age; and before the title of any prelacy be conferred to any person hereafter, that the said livings and stipends be reserved in the provision and always accounted in the third, to the effect that ministers may be provided thereto for life; and in case any gift or provision of prelacy shall pass otherwise, declares the same to be null and of no value, force nor effect. For the special execution of the which order, his majesty, with advice of his said three estates, grants and gives power and commission to his right trusty cousins and trusty and well beloved counsellors and others after-specified, namely, James Stewart, earl of Arran, lord Annan and Hamilton, John [Graham], earl of Montrose, lord Graham, Andrew [Leslie], earl of Rothes, lord Leslie, Patrick [Lindsay], lord Lindsay of the Byres, James [Ogilvy], lord Ogilvy, John [Maxwell], lord Herries, Patrick [Adamson], archbishop of St Andrews, etc., Adam [Bothwell], bishop of Orkney, Alexander [Campbell], bishop of Brechin, Mark [Kerr], commendator of Newbattle, Leonard [Leslie], commendator of Coupar [Angus], Alexander [Colville], commendator of Culross, the commissioners of the burghs of Edinburgh, Perth, Dundee, Stirling, Glasgow and St Andrews, with our sovereign lord's officers of the estate underwritten, they are to say: [Esme Stewart, duke of Lennox], the lord great chamberlain, [Colin Campbell, earl of Argyll], chancellor, [William Ruthven, earl of Gowrie], treasurer, [Robert Pitcairn, commendator of Dunfermline], secretary, [Sir William Murray of Tullibardine], comptroller, collector general, [Sir Lewis Bellenden of Auchnoull], justice clerk, [Alexander Hay of Easter Kennet], clerk register, and [Robert Crichton of Eliock], advocate, or any three of them jointly, his majesty's collector general of the surplus always being one, to convene with the commissioners of the kirk this present year how soon may be, and all other years to come on 1 November, and to consider, appoint and order the estate of the said kirks and stipends through which the said ministers, being honestly sustained, may the better attend to their flocks and proper vocation; and the said order to continue until further order be taken by his highness, with advice of his said estates in parliament.
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†Item, because sundry ministers provided to benefices for their lifetimes, without regard of conscience or how their successors should live after them, for some present profit, set their said benefices and rents thereof in feus, tacks, rentals or convey pensions out of the same, to the utter overthrow of the kirk and great prejudice, both of the king's majesty, the commonwealth and prosperity to come; it is therefore thought expedient, statute and ordained by our sovereign lord, with advice of his three estates and whole body of this present parliament, that no persons being in the function of the ministry provided to title of benefices under prelacies shall, in time coming, make or set any feus, tacks, rentals, convey pensions or make other dispositions of the rents of his benefice to the prejudice of his successor and diminution of the rental whereat he finds it at his entry thereto, under the pain of deprivation from the said benefice, whereunto, in case he fails, his set and location to be decreed null and himself to be deprived as well from his function in the ministry as from the benefice itself, which upon his default, tried and judged as said is orderly, shall be declared to be vacant and to be presented and conferred of new as if he was naturally dead.
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†Item, it is statute and ordained by our sovereign lord, with advice of his three estates of this present parliament, that all benefices of cure under prelacies shall be presented by our sovereign lord and the lawful persons in the favour of able and qualified ministers apt and willing to enter in that function and to discharge the duty thereof; and in case any shall happen to be given and conveyed otherwise hereafter, decrees and declares the gifts and dispositions to be null and of no value, force nor effect.
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†Our sovereign lord, with advice of his three estates of this present parliament, ratifies and approves the act of parliament held at Edinburgh on 1 February 1551 [1552], entitled 'The act against them that swear abominable oaths', and ordains the same to have effect and execution in time coming after the form and tenor thereof under the fourth and last pain specified in the same, that is to say: for the first fault, every prelate of kirk, earl or lord, 4s; a baron or beneficed man constituted in dignity ecclesiastic, 12d; a landed man, freeholder, vassal, feuar, burgess and small beneficed men, 6d; a craftsman, yeoman or servant man, 4d; the poor folks that have no gear to be put in the stocks, jougs or imprisoned for the space of four hours; and women to be weighed and considered according to their blood and estate of their parties that they are coupled with. For the [second]† fault, every prelate, earl or lord, 8s; every baron or beneficed man in dignity, 2s; every landed man, freeholder, vassal, feuar and small beneficed man, 12d; and every craftsman, yeoman or servant, 8d; the space of the poor folks' imprisonment to be doubled. And for the third fault, the said second pains to be doubled. And for the fourth and last fault, the offenders to be banished or put in ward for the space of a year and a day at the king's will, and likewise all other estates after their quality to be punished appropriately, and the aforesaid pains to be taken up and applied to the use of the poor folks. And for the better execution hereof, that censors be appointed in the market places of all burghs and other public fairs, with power to put the swearers of such abominable oaths in ward until they have paid the said pains and find surety to abstain in time coming, and that by direction and commission of the sheriffs, stewarts, bailies, provosts, aldermen and bailies of burghs, lords of regalities and other ordinary officers; and that all householders report to the magistrates the names of all such persons as transgress this present act, that, upon complaint thereof to be made to the king's majesty and his privy council, they shall be called and committed to ward during his highness's will and find surety under great pains at his highness's sight for exact diligence to be shown in executing of the said act thereafter.
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†Forasmuch as part for want of doctrine and rarity of ministers, and partly through the perverse inclination of man's engine to superstition, the dregs of idolatry yet remain in diverse parts of the realm by using of pilgrimage to some chapels, wells, crosses and such other monuments of idolatry, as also by observing of the festival days of the saints, sometimes named their patrons, in setting of bonfires, singing of carols within and about kirks at certain seasons of the year, and observing of such other superstitious and popish rights to the dishonour of God, contempt of the true religion and fostering of great error amongst the people; for remedy whereof, it is statute and ordained by our sovereign lord, with advice of his three estates in this present parliament, that none of his highness's lieges presume or take upon hand in time coming to resort to, frequent or use the said pilgrimages or other forenamed superstitious and popish rights under the pains following, namely, each gentleman or woman landed, or wife of the gentleman landed, £100 pounds, the unlanded 100 merks and the yeoman £40, for the first fault; and for the second fault, the offenders to suffer the pain of death as idolaters. And for the better execution hereof, commands, ordains and gives power to all sheriffs, stewarts, bailies, provosts, aldermen and bailies of burghs, lords of regalities, their stewarts and bailies and others whom it shall please our sovereign lord to grant special commission to search and seek the persons passing in pilgrimage to any kirks, chapels, wells, crosses or such other monuments of idolatry, as also the superstitious observers of the festival days of the saints, sometimes named their patrons, where there are no public fairs and markets, setters out of bonfires, singers of carols within and about kirks, and of such other superstitious and popish rights, and apprehending them in the actual deed of the transgression of this present act, after speedy judgement of their transgression, to put and hold them in prison and firmness until they redeem their liberty by payment of the pains above-written and find caution to abstain in time coming, under the pain of doubling of the same pain; and if the persons apprehended be not able to redeem their liberty by payment of the said pecuniary pains, that then they keep the persons, transgressors, in prison, irons or stocks, upon bread and water, for the space of one month after their apprehension, causing them when they are set at liberty to either find caution or make faith to abstain thereafter; and in case they happen to pass out of the shire where they offend without apprehension, that the sheriffs and other ordinary judges of the next shire, burgh or jurisdictions apprehend them and proceed in like manner against them, declaring the one half of the pecuniary pains to pertain to the said ordinary judges for their pains and for sustaining of the persons to be kept in ward, irons or stocks, and the other half to be brought in to the use of the poor of the parish.
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†Concerning the supplication made to the king's majesty and his three estates of this present parliament, craving an explanation of the act of parliament made in the reign of [Mary], the queen, his highness's dearest mother, concerning adultery, that is what shall be esteemed and judged in law to be notorious and manifest adultery, worthy of the pain of death mentioned in the said act; it is therefore declared by his highness, with advice of his three estates in this present parliament, that it shall be judged in law notorious and manifest adultery, worthy of the said pain of death, where there are bairns, one or more, procreated between the persons, adulterers, or when they keep company and bed together well known, or when they are suspected of adultery and thereby give slander to the kirk, whereupon, being duly admonished, to abstain and satisfy the kirk by repentance or purgation, and yet contemptuously refusing, are excommunicated for their obstinacy; all these three degrees of adulterers, and every one of them, being lawfully called and convicted before the justice and his deputes, shall incur and suffer the said pain of death.
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†Forasmuch as certain fugitives and other persons, our sovereign lord's born subjects now remaining out of this realm, professing themselves the subjects and servants of other princes, upon disdain and malice borne by them against the true and Christian religion now publicly preached and by law established within this realm, cease not so far as in them lies to pervert the youth of this nation passing out of this realm to the schools and to visit other countries, and also make, set forth, send home and cause to be dispersed in this realm diverse famous books and libels in praise and defence of the Pope and his usurped authority, damned by God's word and our sovereign lord's laws; as also sundry of the same persons presume often times to repair in this realm themselves, under colour to seek the recovery of their health by the air of their native country, intending to seduce the simple and ignorant people and others in any way affected to their superstitious and erroneous doctrine. For remedy whereof, it is statute and ordained by our sovereign lord, with advice of his three estates, that the acts made for punishment of his highness's subjects, adversaries to the true and Christian religion and persons suspected to have declined from there, be put in due execution in all points, with this addition: that it shall not be lawful to any of the said persons, his highness's subjects or strangers (not being ambassadors, messengers nor merchants), adversaries of the true and Christian religion, or that has declined from there, to return in this realm or remain therein, except within the space of 40 days after the end of this present parliament they satisfy and obey his highness's laws concerning the giving of their confession and assenting and subscribing to the articles of the said true and Christian religion; and in the meantime, that none of them repair in the king's majesty's presence, palace or dwelling place, or remain longer than three hours in any part near the same within the space of seven miles; and whoever fails herein (their names being noted by the bishops, superintendents or ministers of the king's house to the ordinary judges wherever the said persons repair or remain), they shall be taken and held in prison by his master of household or other judges ordinary until they have found sufficient surety, each person under the pain of 500 merks that they shall either recant their errors and obey his highness's laws by professing of the said Christian religion, or depart out of the realm within the space of 15 days thereafter. And that also in the meantime, they shall neither teach nor sow the said Pope's erroneous doctrine, nor any other erroneous doctrine repugnant to the said true and Christian religion now publicly preached and by law established in this realm to none of the subjects thereof, either by words or writing, under the said pain, and that all his highness's subjects that have or shall make, set forth, bring home, sell or disperse within this realm any of the said famous books and libels in the praise and defence of the said Pope and his usurped authority or other erroneous doctrine, to the contempt of our sovereign lord and true religion presently professed within this realm, being called and duly convicted for that, according to the laws of the same, shall incur by pain of banishment and confiscation of all their goods moveable to our sovereign lord's use. And because sundry persons, disobeyers of his highness's authority, for not giving of the confession of their faith according to the acts of parliaments, have thereupon lost their benefices ipso facto, the same being lawfully and duly provided by our sovereign lord's presentation and admission of the kirk to persons serving in the ministry and the fruits thereof assigned to them for their yearly livings and stipends, nevertheless, in seeking letters to be answered and obeyed of the said fruits, they are often hindered through licences purchased of our sovereign lord to the said persons departing and remaining out of the realm for diverse years, without hurt or danger to be incurred by them in their persons, livings, goods and gear, in respect of the which licences the judges, before whom they are produced, stay and cease further proceeding in the said cause, to the great hurt and prejudice of the act of his highness's parliament entitled 'That the adversaries of Christ's religion shall not enjoy the patrimony of the kirk'. For remedy whereof, it is statute and ordained by our sovereign lord and three estates of this present parliament that all such licences purchased of his highness shall have no effect, strength nor force, annulling and discharging the same by this act in so far as they may in any way tend to the prejudice and hindrance of the execution of the said acts of parliament, or to the titles and provisions of benefices and other ecclesiastical rents made and granted by virtue thereof, commanding the said judges, before whom the said actions are or shall happen to be intended or depend, to proceed and do justice therein with expedition, notwithstanding the said licences or absence of the persons in whose favour the same are or shall happen to be granted, which licences shall be esteemed as privy writings without a sufficient testimonial instantly shown, that the person to whom the same licence is granted professes the true religion and has already satisfied his majesty's laws made to that effect.
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Forasmuch as in the parliament held in the first year of reign of the king's majesty, our sovereign lord, commission was granted to certain lords of the estates to consider such articles as then were committed to them and to report the same to the next parliament, as the said act containing the articles in special, and to whom the consideration thereof are committed, at more length purports; and as likewise in the parliament held by his highness at Edinburgh in the month of November 1579, commission was granted to the lords of privy council for taking order in certain articles, specified in the act made thereupon, of which articles diverse are already considered of and acts and statutes made thereupon, others are remaining as yet untouched, to the great hurt and prejudice of the king's majesty, the commonwealth and sundry particular parties; and lastly, in this present parliament sundry articles and supplications have been presented to his majesty and lords of the articles which cannot be sufficiently considered in that short time which now the estates may remain together, of which whole articles the titles follow: an article of James [Sandilands], lord of St John, concerning the confirmation of his privileges; an article concerning the act of adultery; an article of learned men of this realm desiring letters to flourish; an article touching ejections and plunder; an article concerning reduction of decreets for the causes contained in the first libel; an article concerning warrants in redemption of lands; an article for punishment of them that wilfully pass to the horn and remain thereat; an article for them that pass to the horn for liquidate sums; an article for them that pass to the horn and enter in the girth; an article for them that put their sons and friends in their lands or make assignations of their goods in defraud of the execution of decreets; an article for superiors that give private sasines after the decease of their vassals, in defraud of the heir of the said vassals; an article concerning dearth of victual and livestock; an article for going of fish out of the realm; an article for choosing of commissaries in every shire to keep order amongst craftsmen; an article for slaughter; an article for assythment of party; an article for thieves taken reiving; an article for slaughter of veals and lambs and for passing out of the country and bringing in of wine, iron, tar, lint and dye, and also concerning the merchants that raise the price of the gear that it was first sold for after the importation; an article for confirmation of the gifts of annualrents and chaplainries to burghs; an article of the burgh of Cupar concerning the taking down of their customs; an article for touching seal fees, other fees and writing; for taking order concerning the abuses and disorders of officers of arms and notaries; concerning the extortion taken by customs officers and searchers; concerning prebendaries to be annexed to colleges; concerning deposition from benefices; concerning marriages without consent of parents; concerning sustaining of the ministry at college kirks; reformation of the college of Aberdeen; for erection of a college in Orkney; for consideration and reformation of the state of the universities and colleges in general; concerning the bishops' supplication for the consistorial jurisdiction; commission for taking order concerning the taxation; concerning the order between the merchants and mariners for pirated goods; ratification of the chaplainries to burghs; article of the burgh of Crail; article of the burghs in general for music; supplication of the cities of St Andrews, Glasgow and Aberdeen concerning the commissary; supplication of the burgh of Rosemarkie; concerning the bridges of Leith and Cramond and other bridges; concerning the visitation of our sovereign lord's register; concerning the first fruits of benefices; touching the question between Alexander Stewart, captain of Blackness, and William Hamilton; supplications of David Murray, brother to the laird of Balvaird, and John Dishington; concerning the articles presented for ordering of the west border; concerning the registration of hornings, in what manner writs and evidences shall be made authentic for policy in Edinburgh; concerning prescription of annualrents; supplication of the burgh of Edinburgh and remaining burghs concerning unfreemen; supplication of the town of Quichderne; supplication of the burgh of Annan and parties opposing against the same; supplication of the goldsmiths; concerning the subscription of chapters; concerning escheats given in defraud of creditors; concerning hides and shoes; concerning measures and weights; supplication of the town of Dumfries. Therefore our sovereign lord, with advice of his three estates, gives and grants full power, commission and authority of parliament to the lords of articles underwritten, namely, James Stewart, earl of Arran, John [Graham], earl of Montrose, Andrew [Leslie], earl of Rothes, Patrick [Lindsay], lord Lindsay [of the Byres], James [Ogilvy], lord Ogilvy, John [Maxwell], lord Herries, Patrick [Adamson], archbishop of St Andrews, Adam [Bothwell], bishop of Orkney, Alexander [Campbell], bishop of Brechin, Mark [Kerr], commendator of Newbattle, Leonard [Leslie], commendator of Coupar [Angus], Alexander [Colville], commendator of Culross, the commissioners of the burghs of Edinburgh, Perth, Dundee, Stirling, Glasgow and St Andrews, or any three of them for every estate, with our sovereign lord's officers of the estate underwritten, that is to say: [Esme Stewart, duke of Lennox], the lord great chamberlain, [Colin Campbell, earl of Argyll], chancellor, [William Ruthven, earl of Gowrie], treasurer, [Robert Pitcairn, commendator of Dunfermline], secretary, [Sir William Murray of Tullibardine], comptroller, [Sir Lewis Bellenden of Auchnoull], justice clerk, [Alexander Hay of Easter Kennet], clerk register, and [Robert Crichton of Eliock], advocate, who shall review and consider all the said articles whereupon acts are not yet made, or such of them as they think most needful, or requires greatest haste and expedition, either of the good of the king's majesty, the kirk or commonwealth, and to treat, consult and deliberate upon such acts and laws as they think most reasonable to pass thereupon; which being put in form of acts and subscribed by the said commissioners, at least by three of every estate, with so many of the ordinary officers and of the session as shall assist them and be present for the time, and thereafter delivered to the clerk register and duly published, according to the order of other acts of parliament, through which the same probably may come to the knowledge of the whole subjects, they, and every one of them, within 40 days after the said publication, shall have the strength and force of laws made in his highness's full parliament, sitting until the end of his highness's next parliament, and further, unless they be specially and expressly annulled and discharged.
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†The king's majesty and his three estates, considering how hurtful and prejudicial the latest silver coin (having course upon so high price) is and has been to the commonwealth of this realm, the same being occasion of great dearth and of many other inconveniences, and now willing to have the same reduced to a lower price without loss of his highness's subjects, or yet to the partners and tacksmen underwritten, which they find cannot be done if the contract made concerning the same coin be suffered to have further effect and execution, therefore his majesty, with advice of the said estates and of the said tacksmen and partners, they are to say: Alexander Clerk of Balbirnie, provost of Edinburgh, William Napier of Wrightshouses, Nicol Uddard, Harry Nisbet, Richard Abercrombie, Robert Abercrombie and Thomas Aitchison, upon consideration had by the order following that they shall be no losers, decree and declare by act of this present parliament the said contract to be null and of no value, force nor effect in all time coming, and ordain the said tacksmen, partners, coiners and other officers to desist and cease from all striking and coining of any further of the said coin in any time hereafter; and declare by the said act that the said tacksmen and partners, and all others at their command, have done nothing in the said matter of the late coin preceding the date hereof except according to the will and mind of his majesty and his said estates, which they ratify and approve, in so far as they have according to the said contract, always standing in effect until now, exonerating them thereof for now and ever, they being always accountable and answerable for anything done by them in the said coin in contradiction to the effect and meaning of the same contract, according to the tenor thereof. Moreover, his majesty by the same act, with advice of the said estates, revokes, abrogates and annuls for ever all assignations for payment of sums of money made by his highness upon the said tacksmen and partners to any person or persons, and discharges the lords of secret council and session to direct any letters or charges upon or against them, or any of them, and if they do, declares the same by this act to be of no value, force nor effect, notwithstanding any decreets given or to be given, which his majesty, with advice of the said estates, discharges simply, ordaining them to have no further force nor effect nor execution in time coming. And further, with advice of the said estates and consent also of the said tacksmen and partners, statutes and ordains that the said late coin, extending to 211 stone and 10 pound weight of silver, shall be reduced and brought in again by them, to be coined of new by his highness's master coiner between now and 11 March 1582 in ten shilling pieces of 11d fine, containing four in the ounce, in this form, that is to say, having on the one side the portrait of his majesty's body, armed, with a crown upon his head and a sword in his hand, with this circumscription: 'Jacobus VI Dei Gratia Rex Scotorum', and on the other side his highness's arms in a shield, with a crown above the same shield, with the date of the year upon one of the sides, with this circumscription: 'Honor regis judicium diligit'; for bringing in and reduction of which money, the said tacksmen and partners have presently nominated and appointed William Napier and Thomas Aitchison, who shall remain at Edinburgh to receive all the said coin, to number and quantity aforesaid, from his highness's subjects and deliver them other money for that upon the same prices that they were given out for, between now and the said 11 March, to the which day they shall have course only; and being received, shall bring and deliver them to his highness's master coiner, who shall coin them of new in form and manner above-mentioned, and thereafter deliver both stock and profit again in full recompense of their expense, charges and travails also sustained by the said coin to such as shall be appointed in their names to receive the same; and the master coiner present and to come shall find the said tacksmen and partners sufficient caution and surety acted in the books of council for rendering to them the stock and profit of such sums and which as they shall deliver to him to the effect aforesaid, to the which time the said tacksmen and partners shall not be restricted to deliver any silver to the said master coiner, deducting always the fees and duties of the workmen and other ordinary officers of the coin-house used and wont for their pains and labours. And because the said reduction cannot well take effect without some stock to make the exchange, the said tacksmen and partners therefore shall have liberty, likewise his majesty, with advice of the said estates, by this act grants them licence and liberty to strike and cause be struck and coined 20 stone weight of silver more than is also coined in the money new devised, which shall be delivered to them again after the same be passed in irons in manner aforesaid, without deduction of any profit or other duty thereof, except the fees and duties of the said workmen and officers used and wont. Moreover, our sovereign lord, with advice of his said three estates, gives and grants full freedom, licence and liberty to his highness's master coiner to break down the present current money within this realm of 11d fine, making his highness due account and reckoning of the profit thereof as appertains; for the which, the said master coiner nor other officers of his highness's coin-house shall incur no hurt nor danger in their persons, lands or goods, notwithstanding any acts, laws or constitutions made in the contrary, concerning the which his highness, with advice of his said estates, dispenses.
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Our sovereign lord, with advice of his three estates and whole body of this present parliament, ratifies and approves the acts made by his highness's noble progenitors concerning the importation of bullion, with this addition: that every customs officer and clerk of cocket in time coming shall take such surety or pledges as he will answer for that bullion equivalent to the goods transported shall be delivered to the master of our sovereign lord's coin-house between then and the next exchequer thereafter following, and at that hearing of the customs officer's accounts, that he be comptrolled upon the quantity of the bullion delivered into the coin-house according to the letters of receipt of the master coiner, and what rests above that, the said customs officer be answerable thereof; providing that in case any of the goods customed happens to perish by chance or to be taken away by greater force, the lords auditors of the exchequer, being certified and persuaded of the truth thereof, shall grant reduction of the quantity of the bullion at their discretion; and for every ounce delivered to the master coiner of utter fine silver, he shall pay to the merchant 40s and make account of the profit thereof in coined money to our sovereign lord's use.
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Forasmuch as our sovereign lord's customs are one of the parts of the patrimony of his crown and sundry good and profitable acts have been made, namely, against them having goods out of the realm uncustomed, and how the custom shall remain with the king for his living, which acts and all other acts made toward his majesty's customs aforesaid, his highness, with advice of his estates, ratifies and approves and ordains the same to have full effect and execution in time coming, with this addition: that a table be delivered to all customs officers for taking up and bringing in of our sovereign lord's customs, ordaining that every sack of wool shall contain but 24 stones, every 100 skins, 120, and every dozen of cloth, 12 ells only.
[1581/10/32]*[print] [email] [cite] [preceding] [following]
†Concerning the supplication given in to our sovereign and lords of articles of this present parliament by the noblemen and others of his true and faithful subjects that served in the defence of his highness's authority and crown during the late civil troubles within this realm in the time of his majesty's young age, making mention that where they being often times employed by his late regents for the time in the execution of diverse commissions against sundry of his highness's unnatural subjects, rebels and withstanders of his authority, who at that time assisted and took plain part with the declared traitors, rebels and enemies of his majesty's crown, with power also to besiege houses and raise fire, for the better repressing of them, the said noblemen and others of his majesty's true and faithful subjects, for discharging of their duty in execution of the said commissions, with their friends, assistants and servants, searched and sought the said rebels and disobedient subjects, who, placing themselves in houses in sundry parts of this realm and keeping and fortifying the same against his majesty and his authority, they were forced to raise fire and use all other means of hostility for recovery of the same. Wherefore, his majesty, with advice of his three estates of this present parliament, decrees and declares that all things done by the said noblemen and others of his highness's faithful subjects within the time of the said civil troubles, for execution of the said commissions against whatsoever persons, his highness's rebels, traitors and disobedient subjects for the time, their servants, friends, assistants and partakers, were lawfully, well and dutifully done by them and that therein they have committed no crime nor offence, but obeyed his highness's and regents' commandments, exonerating and discharging them of all action, crime or offence that any party may pursue or move against them thereupon at any time hereafter.
[1581/10/33]*[print] [email] [cite] [preceding] [following]
†Forasmuch as by the loveable laws and acts of parliament made of before such special respect is had to the labouring of the ground in due season as the oxen and cattle occupied in the plough are forbidden to be poinded for any manner of debt during the time of cultivation, yet sundry wicked persons, moved in spite against their neighbours, cease not commonly in their private revenge to hoch and slay oxen and horses in the plough, byre and otherwise, and to hound out bare men and vagabonds to the attempting of such foul and shameful enormities, so far prejudicial to the commonwealth and against all good example; for staunching whereof in time coming and to the terror as well of the committers of such foul and shameful oppressions as of the creators, fortifiers and resetters of the committers thereof, it is statute and ordained by our sovereign lord, with the advice of the three estates of this present parliament, that all such slayers and hochers of horses and oxen, or other cattle in time coming, shall be esteemed and punished as thieves, and all persons that shall happen to reset, supply and maintain the authors of such oppression in company or household after the committing thereof shall be esteemed and punished as resetters and maintainers of thieves, and both the committers of the said unworthy and shameful oppression and the resetters, suppliers and maintainers of them, being duly called and convicted, therefore to incur the pain of death and confiscation of all goods moveable.
[1581/10/34]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament ratify and approve all acts made by his highness and his most noble progenitors concerning the destruction of cruives and yairs, slaughter of red fish, smolts and the fry of all fish, and ordain the same to have effect and execution in time coming; and because it is understood by his highness and his said three estates that albeit pains and travails were taken to cast down and distort the said cruives and yairs, yet, in default of the execution of the pains contained in the said acts upon the contraveners thereof, the said cruives and yairs are not held down, nor any other thing in effect (appointed to be done in the said acts) put into execution through the default and negligence of the ordinary officers, to whom the execution thereof was committed. Therefore our sovereign lord, with advice of his said three estates, has made, constituted and ordained and, by the tenor of this present act, makes, constitutes and ordains the persons after-specified within the bounds particularly following his highness's justices in that part to the effect underwritten, they are to say: George [Sinclair], earl of Caithness, for the bounds of Caithness and Strathnaver; Alexander [Gordon], earl of Sutherland, for the bounds of Sutherland and all reivers therein; the said Earl of Sutherland, George Ross, apparent heir of Balnagowan, and Robert Munro of Foulis, jointly and separately, for the water of Killosheil; the said Robert Munro of Foulis, bailie and chamberlain of Ross, for the water of Conan; James [Stewart], earl of Arran and his deputes, for the water of Ferrar; the sheriff of Inverness and his deputes and the provost and bailies of Inverness, for the water of Ness; the sheriff of Nairn and his deputes and the provost and bailies of Nairn, for the water of Nairn; the sheriff of Elgin and Forres and his deputes, and the bailies of the earldom of Moray and of the abbey of Kinloss and priory of Pluscarden, and the provosts and bailies of the burghs of Elgin and Forres, for the waters of Spey, Findhorn and Lossie; the sheriff of Banff and his deputes and the provost and bailies of the burgh of Banff, for the water of Dovern; the laird of Esslemont, for the water of Ythan; [George Keith], earl Marischal, for the water of Ugie; the sheriff of Aberdeen and his deputes and the provost and bailies of Aberdeen, for the waters of Dee and Don; the sheriff of Kincardine and his deputes, for the waters of Cowie and Bervie; [John Graham], earl of Montrose and the provost and bailies of Montrose, for the waters of Northesk and Southesk; the sheriffs of Perth and Forfar, stewart of Strathearn and their deputes, and provosts and bailies of Perth and Dundee, for the waters of Tay and Earn and their tributaries; the sheriff of Fife and his deputes, for the south side of Tay lying within the sheriffdom of Fife, and for the water of Leven; the provost and bailies of Cupar, for the water of Eden; the stewart of Menteith and his deputes, for the heads of the water of Teith and Forth; the sheriff of Stirling and his deputes, and provost and bailies of Stirling, for the remainder of the waters of Forth, Teith, Goodie, Carron, Allan and Devon and their tributaries; the sheriff of Linlithgow and his deputes, and the provost and bailies of Linlithgow, for the water of Avon and south side of Forth within the bounds of that sheriffdom; the sheriff of Edinburgh principal and his deputes, and the provost and bailies of Edinburgh, for the waters of Almond, Leith, North and Southesk; the sheriff of Edinburgh within the constabulary of Haddington, for the waters of Tyne and Beill; the sheriff of Dumfries and his deputes, [John Maxwell], earl of Morton, warden of the west marches and his deputes, and the provost and bailies of Dumfries, Kirkcudbright and Annan, for the waters of Annan, Nith, Cree and Luce; the bailie of Carrick and his deputes, for the waters of Stincher and Girvan; the sheriff of Ayr and his deputes, and the provost and bailies of Ayr, for the waters of Dun and Ayr; the bailie of Cunninghame and his deputes, and the provost and bailies of Irvine, for the waters of Irvine and Carnock; the sheriffs of Lanark, Renfrew and their deputes and the provost and bailies of Glasgow, Renfrew and Lanark, for the water of Clyde and tributaries thereof; the sheriff of Dunbarton and his deputes, and bailies of the burgh of Dumbarton, for the waters of Leven and Ainrik; the sheriff of Argyll and Tarbert, and his deputes, for the bounds of the said sheriffdom and Lorne to the march of the sheriffdom of Inverness; and the said sheriff of Inverness and his deputes for all the bounds of the said sheriffdom on the north-west coast from the march of the sheriffdom of Argyll to Strathnaver; giving, granting and committing to the said justices in that part, jointly and separately, within the bounds particularly above-written, full power, special command, express bidding and charge to inquire and take up dittay of all persons, contraveners of the said acts of parliament, within the bounds particularly above-written, as well the principle offenders as their masters, landlords and resetters, and to call them to underlie the law for that in the tolbooth of the head burgh of every shire, or other place convenient at the discretion of the said justices, and put them to the knowledge of an assize as they be found culpable or innocent, to administer justice upon them according to the laws of this realm, the pains contained the said acts to raise and uplift and of the same to make account, reckoning and payment to our sovereign lord and his highness's treasurer in his exchequer. And to the effect that the execution of the said acts shall not be neglected as in times past, ordain two ordinary justice courts to be held yearly, the one the first day of February, and the other at the first day of [August],† or the next lawful days thereafter following, beside other courts to be held at other days when occasion serves at the discretion of the said justices. And in case the said justices, or any of them, fails in doing their exact diligence for execution of this present commission at two times every year as said, being called and convicted for that before our sovereign lord's justice principal or his deputes at the instance of highness's advocate, every one of them shall incur the pain of £200, to be uplifted of them by his highness's treasurer to his majesty's use. Be it always understood that this present act nor nothing therein contained shall be prejudicial to his highness's subjects, being duly infeft and in possession of holding of cruives, lines or loops within fresh waters, but that they may use, enjoy, possess and occupy the same in time coming according to their rights, keeping the Saturdays slop† and such distance between every hek† as the acts of parliament appoint; and in case they fail therein, to be accusable and suffer punishment as the remaining transgressors of the said acts.
[1581/10/35]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates in this present parliament, having considered the many grievous oppressions and cruelties wherein his peaceable and good subjects are subject, finds nothing more intolerable than the deadly feuds borne by the clans of thieves, broken men and sorners upon true men for the slaughter, taking, hurting of the said thieves, broken men and sorners, taking and bringing them to justice, or in the defence and clearing of true men's goods stolen and reived from them, and how the said clans of thieves for the most part are companies of wicked men, coupled in fellowships by occasion of their surnames, or near dwellings together, or through keeping society in theft or reset of theft, not subjected to the ordinary course of justice, nor to any one landlord that will make them answerable to the laws, but commonly dwelling upon sundry men's lands against the good will of their landlords, through which true men oppressed by them can have no remedy at the hands of their masters, but for their defence are often times constrained to seek redress of their hurt of the whole clan or such of them as they happen to apprehend, likewise the whole clan commonly bears feud for the [hurt]† received by any member thereof, whether by execution of laws, by order of justice or otherwise; it is therefore declared, statute and ordained by our sovereign lord, with advice of his three estates and whole body of this present parliament, that it shall be lawful to all his obedient and good subjects that shall receive any harm or damage through theft or masterful reiving of their goods to be committed after the date hereof by any of the said notorious thieves, broken men or sorners of the said clans of thieves in time coming, to apprehend, slay and arrest the bodies and goods of the persons offending against them or any others being of the same clan, their servants, dependants or partakers wherever they shall find them in any parts of this realm until the principals, or others of their said clan, cause the said harms and hurts be redressed to the satisfaction of the sustainers thereof, or at the least find sufficient surety to that effect, to the contentment of the person that has sustained the hurt, in case it shall be found by order and trial, according to justice, that the offender and deed doer was in any way reset, supplied and maintained amongst the said clan after the offence committed.
[1581/10/36]*[print] [email] [cite] [preceding] [following]
Concerning the supplication presented by our sovereign lord and three estates of this present parliament by the poor people of this his highness's realm, making mention that where his majesty's most noble progenitors of worthy memory, upon a godly zeal, which they and the barons and others of this realm, their good subjects, have borne, to the relief of the aged and decayed honest folks, founded and erected certain hospitals, maison-dieus, alms houses and bede houses, to the glory of almighty God and relief of the poor, and has continually maintained the same until of late days that the present possessors of sundry benefices, under colour of reformation of the religion, have appropriated the whole livings of the said hospitals, maison-dieus, alms houses and bede houses to their own uses and their heirs, or have sold the lands and rents thereof for great sums of money to others in feu ferm, and further have demolished the godly houses that were appointed for receiving and lodging of the poor and applied the same to their own particular uses, minding that never such thing shall be in time coming, to the great offence of almighty God, the defrauding of our sovereign lord and his posterity, kings of this realm, and their subjects, the founders, and to the extreme undoing of great numbers of the poor people to, were and ought to be sustained thereby, if his highness foresees not the same and put not timely remedy thereto, a deed assuredly that in no part of Christendom, yea, not amongst the very Turks, would be suffered; and albeit his majesty, with advice of his estates in parliament, appointed the chancellor and certain others to consider the foundations of the said hospitals, maison-dieus, alms houses and bede houses, and ordained the same by act of parliament to be reformed, according to the godly institutions and erections of them, yet is there nothing done therein, albeit the exceeding number of the poor that daily increases in this land cries to almighty God for reformation thereof, and most humbly seeks the same of our highness, to whom God has only given the power; wherefore our sovereign lord and three estates of this present parliament has given and granted, likewise they, by the tenor hereof, gives and grants power and commission to Colin [Campbell], earl of Argyll, lord Campbell and Lorne, chancellor, William [Ruthven], earl of Gowrie, lord Ruthven, treasurer, John [Maxwell], lord Herries, Robert [Pitcairn], commendator of Dunfermline, Mark [Kerr], commendator of Newbattle, Alexander [Colville], commendator of Culross, Master Robert Crichton of Eliock, his highness's advocate, Alexander Hay [of Easter Kennet], clerk register, and Alexander Clerk [of Balbirnie], provost of Edinburgh, or any three of them jointly, to convene themselves and sit in the tolbooth of Edinburgh whatsoever day or days, as well after noon as before, for taking cognition in the said matter until the said hospitals, maison-dieus, alms houses and bede houses within this realm be brought, restored and reduced in and to the order and estate of their first foundations, according to the mind and intention of their godly founders, so far as may stand agreeable with the laws of this realm and Christian religion presently professed within the same; and to that effect, that our sovereign lord's letters be directed upon the warrants and deliverance of the said commissioners, or any three of them, charging the possessors and keepers of the erections and foundations of the said hospitals, maison-dieus, alms houses and bede houses, or of whatsoever lands, teinds, rents or other possessions given and donated for relief and sustenance of the poor, as well within burgh as without, and of all chaplainries, prebendaries, annualrents, friars' or nuns' lands conveyed to burghs to the effect aforesaid, feuars, renters, tacksmen and intromitters therewith, to produce the said foundations, rights and titles, either feus or tacks whereby they enjoy or pretend right to any part of the living and patrimony of the said hospitals, maison-dieus, alms houses and bede houses, before the said lords commissioners at such days as they please assign, to be seen and considered by them to the effect aforesaid, under the pain of rebellion and putting of them to our sovereign's horn; with certification if they fail, letters will be directed to put them to the horn, or else to reduce for null production; and in case of failure and null production of the said erections and other writs and rights above-written at the days to be appointed thereto, to proceed and direct further charges, and put [out]† the disobeyers or to reduce the pretended rights and titles whatsoever as they shall find cause worthy; and also to direct letters to arrest and sequester the mails, ferms, profits and duties of the said lands, teinds and other possessions pertaining to the said hospitals, or anything given and donated for sustenance of the poor, to remain in the hands of the tenants and possessors until the said reformation be made and perfected, then to be given to the poor and helping to re-edify the houses built to that effect by our sovereign's most noble progenitors and their subjects of good zeal, upon caution always to be found by the said tenants and possessors that the said mails, ferms, profits and duties shall be forthcoming to the effects above-written; and also with power to the said judges, the aforesaid erections, infeftments and rights being produced before them, to try the quantity of their rents, order of foundation and estate wherein the rents and houses thereof presently are; and wherein they find the yearly rents of the said hospitals diminished or any part or portion of their livings or buildings appropriated and applied to particular men's uses, contrary to the tenor of their first foundations and godly intention of their founders, by parts, infeftments, tacks or other special rights, to reduce the same as the said commissioners shall find cause worthy, and give out their decreet reductive thereupon, decreeing all the said rights given and set in prejudice of the first foundations as said is null and of no value, force nor effect in all time coming, and to return and be appropriated to the said alms houses, hospitals, maison-dieus and bede houses and sustenance of the poor being therein in all times hereafter, according to the tenor of their erections, likewise and in the same manner as if the said new dispositions of the patrimony thereof had never been made nor granted; which decreets the king's majesty, with advice of the said three estates, declares shall be of as great force and effect, and likewise execution to pass and follow thereon, as if the same had been given and granted before the whole lords of council and session sitting in full number; providing always that all parties' lawful defence be first heard and discussed as the said commissioners will answer to our sovereign lord upon the execution of their offices, giving them power in like manner to create clerks and other officers and members of court requisite, and to receive their oaths to that effect, for whom they shall be held to answer, witnesses to cause be summoned, sworn and examined and to call for the production of any writs, evidences or registers that may further the knowledge of the truth of the said matter; and likewise to direct any one of their number, or more, for visitation of the said hospitals, maison-dieus, alms houses and bede houses, if the same is found requisite by them for their better information, and generally to do and use all other things that to the execution of this present commission is necessarily required. And all the said commissioners, being personally present, accepted the said commission in and upon them, and made faith for due and faithful administration therein.
[1581/10/37]*[print] [email] [cite] [preceding] [following]
†The king's majesty and estates of this present parliament, considering the great abuse standing among his subjects of the mean estate, presuming to copy his highness and his nobility in the use and wearing of costly clothing of silks of all sorts, linen, cambric, fringing and trimmings of gold, silver and silk, and woollen cloth, made and brought from other foreign countries, through which the prices of the same are grown to such exorbitant dearth as it is not able to be longer sustained without great hurt and inconvenience of the commonwealth, albeit God has granted to this realm sufficient commodities for clothing of the inhabitants thereof within the self if the people were virtuously employed in working of the same at home, whereby great numbers of poor folks, now wandering in begging, might be relieved, as well to the honesty and wealth of the country; for remedy whereof, it is statute and ordained by our sovereign lord, with advice of his estates and whole body of this present parliament, that none of his highness's subjects, man nor woman, being under the degrees of dukes, earls, lords of parliament, knights or landed gentlemen, that has or may spend of free yearly rent 2,000 merks or 50 chalders of victual at least, or their wives, sons or daughters, shall, after 1 May 1582, use or wear in their clothing or apparel, or linen thereof, any cloth of gold or silver, velvet, satin, damask, taffeta or any facing, fringing, trimming or embroidery of gold, silver or silk, nor yet linen, cambric or woollen cloth made and brought from any foreign countries under the pain of £100 of every gentleman landed, 100 merks of every gentleman unlanded, and £40 of every yeoman for every day that his wife, son or daughter transgresses this present act, the one half to the use of our sovereign lord or lord of the regality within whose bounds the transgressors are apprehended, and the other half to the sheriffs, stewarts and bailies within their jurisdictions, provosts, aldermen and bailies within burghs and cities and to the stewarts and bailies within regalities for their pains, which ordinary judges, by themselves, their deputes and officers, shall have power to accuse and arrest the persons, transgressors of the said act, and to put them in ward until they be tried upon the said transgression by an assize, which shall be done within the space of three days after their apprehension at the furthest; and, being found culpable, to hold them in ward until they have paid the said pain and found surety to abstain in time coming, under doubling of the pain; excepting always the officers and servants of our sovereign lord's household contained in the roll thereof, the officers of his estate, senators to the college of justice, advocates and scribes thereof, sheriffs, stewarts and bailies, the provost, bailies and persons being or that have been on the council of burghs, and judges in regalities, heralds and macers; which shall not be subject to the pains of this present act for wearing and using of such apparel as they have or shall happen to have in time coming, either in the time that they bear office and are councillors, or thereafter during their lifetimes; nether shall any of his highness's lieges be subject to the said pains for using and wearing of any of their clothing already made before the publication of this present act, nor to any servants for using and wearing of the old clothing of their masters or mistresses, nor to any women for using and wearing of such apparel upon their heads as they have been accustomed to wear in time bygone. And to the effect that all his highness's subjects prohibited by this present act to wear the said costly clothing may the better be served of cloth and other stuff wrought within this realm, to their sufficient clothing in their degrees; as also that the poor people may be the better held in work through the labouring of the wool of this country within the same, therefore it is statute and ordained by our sovereign lord, with advice of his said estates, that no manner of wool be transported or put in ships or boats to be transported out of this realm in time coming under the pain of confiscation of the same wool and of all the remaining goods moveable of the persons, owners and transporters thereof, to our sovereign lord's use; and that no licence or dispensation shall be granted by our sovereign lord or his successors to whatsoever person or persons for transporting of wool out of this realm after the said 1 May 1582, under whatsoever colour or pretence, and that as well the purchasers of the said dispensations or licences (if the same shall happen through lack of opportunity or wrong narrative to be granted) as their informers, buyers of the licences from the purchasers, users thereof, and transporters of the wool in their ships and vessels, shall incur the said pains, as if no such licences had been granted; which shall be esteemed but as private letters, surreptitiously purchased, wherever they shall happen to be shown in judgement, or outwith, through which the true effect and meaning of this present act shall in no way be hindered or prejudiced.
[1581/10/38]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates convened in this present parliament, understanding the great excess and superfluity used in bridles and other banquets among the mean subjects of this realm, as well within burgh as to landward, to the inordinate consumption not only of such stuff as grows within the realm, but also of sweetmeats, confections and spices brought from the parts beyond sea and sold at dear prices to many folk that are very unable to sustain that cost; for staunching of the which abuse and disorder, it is statute and ordained by our sovereign, with advice of his said three estates, that no manner of persons, his subjects, being under the degree of prelates, earls, lords, barons, landed gentlemen or others that [are]† worth and may spend in yearly free rent 2,000 merks money or 50 chalders of victual, all charges deducted, shall presume to have at their bridles or other banquets, or at their tables in daily cheer, any sweetmeats or confections brought from the parts beyond sea, and that no banquets shall be at any upsittings after baptising of bairns in time coming, under the pain of £20 to be paid by every person doer in the contrary, as well of the master of the house where the effect of this act is contravened, as of all other persons that shall be found or tried partakers of such superfluous banqueting and escheating of the sweetmeats and confections apprehended, for which the provost and bailies within burgh and the sheriffs, stewarts, bailies, lords of regalities and their bailies to landward shall appoint searchers, to which searchers open doors shall be made of whatsoever house they come to search, under the pains to be esteemed culpable in the transgression of this act if they refuse; and the offenders being apprehended, to be taken and held in ward until they have paid the said pecuniary pains, to be employed the one half to the benefit of the ordinary officers and searchers and the other half to the poor of the parish.
[1581/10/39]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament ratify, approve and confirm the act of parliament underwritten in all points, passes, clauses and articles contained therein, and ordain the same to have full strength, force and effect, and also decree and declare the same act to have been a common law from the day and date thereof and so to be in all times coming; and that no judge within this realm take upon hand to take cognizance or decide in any cause contrary to the tenor and ordinance of the said act, or to wry or wrest the same by their ingenuity or interpretation, but the same act to be kept in all the circumstances thereof according to the tenor of the same, of the which the tenor follows:
In the parliament held at Edinburgh on 10 July 1560, the said parliament being continued to 1 August 1560 following, with continuation of days, on 24 August 1560, the three estates then being present, understanding that the lieges and subjects of this realm having actions pending and pursued in the court of Rome, or in the consistories of the same, have sustained great expenses, so that they have been utterly harried thereby; for eschewing of the which, and that no party having just action be defrauded thereof, it is statute and ordained that all parties, as well pursuers as defenders, having pleas pending in the said court of Rome, or consistories, or before other judges called delegates or sub-delegates, shall pursue and defend the same at their option before the lords of our sovereign's session, the sheriff, stewart or bailie of regality, bailie of barony, provost or bailies of burghs, or other temporal judges ordinary within this realm, where the party pursuer ought to answer of the law, and the said processes to begin where they left, according to the last act of the process and after the form thereof, until the final end and decision of the same; and the sentence being given, the execution to be made thereof as of other sentences pronounced before other temporal judges of this realm. And moreover, because it is likewise understood that there are appellations made and interposed from diverse sentences given in the aforesaid consistories, and also from sentences from judges, delegates and their sub-delegates, which appellations, being justified, may reduce the said sentences, therefore it is statute and ordained that the parties who have appealed give in their supplications to the lords of our sovereign's session to have letters to call the party for whom the sentence is given to compear before the said lords, to hear and see two, three, or four named by commission to sit in the most convenient place, to take cognizance upon the said appellation and sentence, and to declare the same according to the law, either retreating the sentence or confirming the same, providing that the pursuers of these appellations do their diligence in manner aforesaid within the term and space specified in the laws, otherwise not to be heard hereafter, but execution to be given upon the said sentences likewise as if the party had not appealed from there. And likewise because it was lawful at some time by way of supplication called by means of a simple complaint for to seek remedy of the nullity and iniquity of sentences, albeit no appellation had been made and interposed from there, therefore it is ordained that the said supplications shall be given in by the complainers to the said lords of the session, who shall have cognition therein and do justice thereupon according to the law, providing always that this have place only in such causes as of before were permitted to pursue by means of a simple complaint only.
[1581/10/40]*[print] [email] [cite] [preceding] [following]
†Forasmuch as of late there is creeping in amongst some noblemen, prelates, barons and gentlemen in certain parts of this realm, being of good livings, great abuse contrary to the honour of the realm and different from the honest frugality of their forebears, passing to burghs, towns, clachans and alehouses with their households, and some abiding in their own places use to board themselves and others to their own servants, as in the hostelries, whereon hurtful and shameful inconveniences daily falls out, to the offence of God, defrauding of the poor of their alms, slander of the country and hurt of the authors; for remedy whereof, our sovereign lord, with advice of his three estates of this present parliament, has statute and ordained that every prelate, lord, baron and landed gentleman shall make his ordinary dwelling and residence at his own house with his family in all time coming after the publication of the acts of this present parliament, for setting forward of policy and decoration of their said dwelling places, supporting of the poor with alms and entertaining of friendship with their neighbours by all good and honest means, and that they forbear the said dishonest form of boarding of themselves and their families and households in burghs, clachans and alehouses, or in their own houses, under the pains following, that is to say: each lord and prelate under the pain of 500 merks, each great baron under the pain of 300 merks, and each landed gentleman under the pain of 200 merks; and if they fail, being called and orderly convicted of transgressing of this present act, the said pains to be uplifted to our sovereign lord's use.
[1581/10/41]*[print] [email] [cite] [preceding] [following]
†Forasmuch as sundry good acts have been made concerning finding of lawburrows for preservation of the true and obedient subjects from unjust force and violence, and lately, for their greater comfort, it was well ordained that the pains of lawburrows should be divided between the king and the party offended to; nevertheless, seeing the pains of lawburrows has extended only in time bygone in safety of bodily harm from the person of the complainer, the malice of the wicked so increases as they cease not by indirect means and hounding out of rogues, vagabonds and others not responsive to invade the innocent persons, not only in their bodies, but to reive, steal, hoch† or slay their oxen and other cattle, cut or distort their corns, or to cause eat the same with livestock, to hound and slay their sheep with dogs, boast themselves in such sort as they dare not lie in their own house, or to menace their servants to leave their service, through which their ground may be laid waste, to the utter wreck and pauperisation of the innocents. Therefore our sovereign lord, with advice of his three estates in this present parliament, ordains that all letters of lawburrows shall be directed in time coming at the instance of the parties complaining, charging the persons complained upon to secure surety and lawburrows that the complainers, their wives, bairns, tenants and servants shall be unharmed and undamaged in their bodies, lands, tacks, possessions, goods and gear, and in no way to be molested or troubled therein by the persons complained upon, nor no others of their causing, sending, hounding out, resetting, command, assistance and ratihabition, whom they may stop or let directly or indirectly otherwise than by the order of law and justice under great pains to be modified by the lords of session or other ordinary judges, by whom, in case the said lawburrows shall be duly tried to be broken, the one half of the pain shall pertain to our sovereign lord and the other half to the party aggrieved, according to the effect and meaning of the said act made to that effect of before.
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†Forasmuch as it is heavily complained to our sovereign lord by diverse of his subjects that when they have, upon their long travail and expenses, recovered their sentence, they are deforced in execution thereof, likewise when arrests are made to make the goods forthcoming after the recovery of the debt, the same are contemptuously broken; and further, the execution of the sentences and decreets are often times impeded by fraudulent alienations of the debtors' lands and goods made by them through coloured means of their friends and convicted persons, and the lawsuits and actions upon deforcements, breaking of arrestments and reduction of fraudulent alienations have been so tedious, sumptuous and lengthy that very few of them are brought to a good end, whereby our sovereign lord's authority is made contemptuous and his subjects are brought to great inconvenience. For remedy whereof, it is statute and ordained that the lords of council and session proceed summarily and diligently in all actions of deforcements and breaking of arrestments to be intended before them at the instance of whatsoever persons, and specially that the said actions, when they are called, shall with all convenient speed, without intermission, be put to a point after the calling thereof, and that the persons convicted of deforcements or breaking of arrestment shall be punished by the escheat of their goods moveable and punishment of their persons at our said sovereign lord's will, according to the laws observed of before, with this addition: that the party, recoverer of the sentence, shall be first paid of his debt and of his expenses, to be highly taxed by the said lords, and of a certain sum of money to be modified at the said lords' discretion to the party for the damage and interest sustained by them; concerning the which, the party interested shall have ready execution upon the first and readiest goods and gear of the person convicted, notwithstanding the right of the escheat pertaining to our said sovereign lord, who, for good of his subjects, wills and grants that the creditors be preferred to him in this case. And further, with advice of the said three estates, it is statute and ordained by his highness that all gifts of escheat which shall be given hereafter to whatsoever person or persons of gear, goods and others coming in his highness's hands for deforcement or breaking of arrestment, shall contain express exception and reservation to the creditor of the sums recovered for his principal debt, expenses and sum to be modified as said is; and if any gift of escheat proceeding upon this cause aforesaid be given without the said reservation and exception, the same shall be null and of no value. And likewise, for the greater expedition of reduction of alienations and dispositions of lands and goods made in defraud of the creditor, it is statute and ordained that the same be most summarily decided and privileged by summons upon 21 days' warning, without diet, table or continuation of other summons, and that the party, receiver of the said fraudulent alienations and dispositions, shall not be heard to defend therein, unless that they (before they be admitted to produce the said alienations and dispositions and to answer to the summons) consign in the hands of the clerk register and his deputes, for whom he shall be held to answer, such sums of money as shall be modified by the discretion of the said lords, to be delivered to the party pursuer in case the said alienations and dispositions shall be declared fraudulent.
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Item, albeit interdictions and inhibitions, for many great and weighty considerations to diverse intentions, are very necessary and profitable, nevertheless, it is of late considered that the said inhibitions and interdictions are greatly abused, to the hurt and prejudice of our sovereign lord's lieges, contrary to the end to which they were first directed, in so far as interdictions for the most part proceed upon consent of party, likewise the said interdictions and letters of inhibition oftentimes proceed upon light causes, the executions whereof are sundry times forgot and feigned, and after many years, the executor and witnesses being deceased, the said inhibitions and interdictions are used against our sovereign lord's lieges at the instance of the receivers thereof and others for rescinding and retreating of contracts, infeftments and other rights upon allegiance that the same are made fraudulently after the publication of the said interdiction and inhibition, by the which crafty delaying, such as are contracted in good faith are brought in great danger, to their great damage and to the advantage of the said persons, abusers of the said inhibitions and interdictions; for remedy whereof, and to the effect that every one of our sovereign lord's lieges may know and understand the condition and quality of the person with whom he contracts in this head, whether he be subject and thrall to interdiction or inhibition, or be at his own freedom and liberty to contract, it is statute and ordained that all inhibitions and interdictions to be raised hereafter, for whatsoever cause, with the execution and endorsements thereof, be within 40 days after the publication and execution of the said inhibitions and interdictions produced first to the sheriff clerk of shire where the person interdicted or inhibited dwells and makes his residence, and if the said person has his lands and heritage, or the most thereof, lying in another sheriffdom than where he dwells, that the person at whose instance the other is interdicted or inhibited produce the said interdiction and inhibition, duly executed and endorsed, to the clerk of the shire where the said lands lie within the same 40 days, which letters of interdiction and inhibition, with the execution thereof, the said sheriff clerks shall insert in their registers, taking for every letter with the executions thereof 5s; which letter, with the execution thereof, they shall sign with their subscription and deliver the same so signed to the party within 24 hours next after the receipt thereof, the extract of the which register shall have as great faith and strength as if the original were shown, unless the parties having interest to oppose against the said inhibitions and interdictions offer to improve the same by way of action or exception; in the which case the party, purchaser of the said letters, and others having interest to defend the same, shall be held to produce the principals and originals, notwithstanding that they be registered as said is, and that no interdiction or inhibition to be raised and executed hereafter be of force, strength or effect to any intention, but the same to be null and of no value, unless the same be duly registered as said is.
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†Our sovereign lord, with advice of his three estates in this present parliament, ratifies and approves the act made in his highness's parliament held and begun at Edinburgh on 20 October 1579 concerning prescription in causes of plunder and ejections, and ordains the same to have effect and execution in time coming after the form and tenor thereof.
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†Forasmuch as it was found necessary to our sovereign lord and his highness's predecessors that the commissioners of burghs convene at such times as they should think good, in what burgh they thought most expedient, with full commission to treat upon the welfare of merchants, merchandise, good rule and statutes for the common profit of burghs, as at more length is contained in the acts of parliament made thereupon and concerning the privilege of burghs, therefore our sovereign lord, with advice of his three estates of this present parliament, ratifies and approves the said acts, and, for better observation of the said conventions by such burghs as have heretofore not sent their commissioners at any time thereto, has statute and ordained that in time coming when any conventions of burghs are appointed to the most part of the said burghs, or by the burgh of Edinburgh and any six or eight of the rest, the burgh warned thereto by any missive bill of the provost and bailies of the burgh where the said convention is to be held, or otherwise lawfully cited thereto and not compearing by their commissioner sufficiently instructed, shall pay to the charges of the burghs that shall convene the sum of £20; and ordains the lords of council and session to grant and direct letters of horning or poinding against the burghs absent from the same convention and judged by the remainder burghs to have incurred the said pain and fine, and this at the instance of the burgh of Edinburgh, without further process and calling of party thereto, the said lords seeing the act authentically subscribed by the clerk of that convention that they are absent and convicted as said is.
[1581/10/46]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of this present parliament ratify, approve and confirm the act made by his highness's most noble progenitor, King James IV of good memory, concerning strangers repairing within the realm with their ships and goods, in all points, passes, clauses and articles thereof, and decree the same to have full effect and strength in time coming after the form and tenor thereof, with this addition: that all manner of strangers' ships and others repairing to west parts of this realm, west and north isles thereof, come to the king's free burghs, such as Kirkcudbright, Wigtown, Ayr, Irvine, Rothesay, Dumbarton or Renfrew, and there make their merchandise with free men thereof of all manner of goods, as well brought within this realm by them as taken out of the same, and pay their custom and duty to the ordinary customs officers in those parts where they arrive and pass from and take their cockets there as the other lieges of the realm; inhibiting expressly the said strangers that they make no manner of merchandise at the lochs of the west and north isles, nor any other places not being free burghs, nor buy any merchandise or fish, except that salted and barrelled, except only at free burghs, and that from free men, commanding expressly all our sovereign lord's lieges that none of [them]† conduct freight nor pilot any stranger to the said isles under whatsoever colour or pretence, to the defraud of our sovereign lord's lieges and of his highness's customs, under the pain of loss of life, lands and goods; and commanding also all strangers, resorters and repairers within the said isles that they nor none of them do nor attempt any deed or fact in contrary hereof, under the pain of forfeiture, loss and confiscation of their whole ships and goods; giving also full power and commission to the provosts, bailies and officers of the said burghs, for whom they shall be held to answer, to search, seek, take, apprehend and bring in all the said strangers, contraveners of this present act, every one of them within the bounds of their jurisdiction, and if they be found culpable and breakers hereof, to proceed and do justice thereupon, and to appoint and take up their whole ships and moveable goods, that is to say the two part to our sovereign lord's use, whereof they shall make yearly account in his highness's exchequer, and the third part to the apprehender of the said contraveners of the said act; and ordain letters of publication to be directed hereupon, if need be, in the appropriate form.
[1581/10/47]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates and whole body of this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the acts made by his most noble progenitors for the staunching of dearth of victuals and setting order and price on all stuff, and specially the 99th act of King James I, the 20th and 78th acts of King James V and the 27th act of the parliament held and begun at Edinburgh on 1 February 1551 [1552]; and ordains all earls, lords, barons, as well within regality as royalty, and their bailies to landward, and the provosts and bailies of all burghs and cities, to cause the said acts of parliament be put into due execution, every one within their bounds and jurisdiction respectively, making and constituting them justices to that effect; with power to them to make and appoint statutes and ordinances for the special observation of the said acts at every head court yearly, and to inquire, call, accuse and punish the contraveners of the said acts at the said head courts under the pain of £100 pounds to be paid by every earl, lord, baron, as well within regality as royalty, and their bailies, and of the provosts, aldermen and bailies of every burgh and city that shall be found remiss and negligent in execution of the said acts for every time that they shall be duly called and convicted thereof, and ordains dittay to be taken hereupon and the said judges to be called to underlie the law for that, either at general justice ayres or at particular diets, as it shall please the king's majesty to command.
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†Forasmuch as it is considered by our sovereign and three estates of this present parliament that amongst the many other occasions of dearth of victuals within this realm, there is one specially very unprofitable in the commonwealth, which is the holding of horses at hay and oats all the summer season, used commonly by persons of mean estate, traders, of intention to make merchandise of the said horses, being for the most part small nags and no horses of service; wherefore it is statute and ordained that none of our sovereign lord's lieges, not being an earl, prelate, lord, great baron or any of his highness's privy council, session or landed gentleman that may spend of his own 1,000 merks of yearly rent, all charges deducted, shall hold any manner of horses at hay and oats yearly longer than 15 May nor take them in before 15 October, under the pain of escheating of the said horses or paying the value of them to our sovereign lord's use; and the contraveners to be punished and accused at justice ayres or particular diets as appropriate.
[1581/10/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that there have been diverse acts of parliament made of before concerning the slaying of hart, hind, female deer, roe, hares, rabbits and other beasts with culverins, crossbows and hand-bows, and specially the act made in the parliament held at Edinburgh in December 1567, which acts hitherto have taken no effect, and that in default of magistrates which were appointed to put the same to execution; therefore his highness, with advice of his three estates of this present parliament, has ratified and approved the said whole acts, and specially the said act made in December 1567, in all points, passes, clauses and articles thereof, with this addition: that in case the judge ordinary within whose bounds the contravener of this present act is apprehended does not execute the same, so often as dittay shall be given up to him upon any contravener, he shall pay for the first fault the sum of £100, for the second fault £200, and so often as he fails, shall double the said pain, to be applied to our sovereign lord's use; and to the effect that the stewarts, bailies and all other ordinary judges within this realm may put the said act into due execution, our sovereign lord, with advice aforesaid, has ordained and ordains the lords, heritors or possessors of the ground to present the contravener of the said act to the ordinary judge, within whose bounds the said contravener dwells and makes residence, the said heritor or possessor being required by the ordinary judge to do the same under the pain aforesaid, so often as he is required to that effect, to be applied to our sovereign lord's use as said is; with power to the said ordinary judges to call and convene the said heritors or possessors refusing to present the said contraveners for the said pains, and if they be found culpable, to convict them therein, and to poind and distrenzie them for that, and to make yearly account thereof to our sovereign lord's treasurer in his highness's exchequer, so that the same may be applied to his highness's use as said is; and ordains special letters of publication to be directed hereupon, if need be, in the appropriate form.
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†Our sovereign lord, with advice of his three estates and whole body of this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the acts made by his highness's most noble progenitors against the transporting of sheep, cows or other cattle out of the realm, and ordains the same to have full effect and execution in time coming, with this addition: that it shall be lawful to any of our sovereign lord's lieges that happens to apprehend any cattle or sheep, young or old, droved to be transported out of this realm, to stay the goods and to apprehend and keep the drovers of them until they have been subjected to an assize before the justice or his deputes in the tolbooth of Edinburgh, or before the sheriff, stewart or bailie of the bounds where they shall happen to be apprehended, whom his highness makes ordinary justices in that part for trying of the contraveners of this present act and executing of the pain of hanging upon them and confiscation, as well of the goods apprehended as of the remainder of their moveable goods; which persons being found guilty, ordains and declares the one half of the said goods apprehended and remainder of their moveable goods to be equally divided between the judge ordinary and the apprehender for their pains, and the other half of the same escheat goods to be brought in to our sovereign lord's use, and account to be made of the same in the exchequer.
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†Forasmuch as amongst sundry other great disorders grown in this estate since the king's majesty's coronation, one not of smallest importance has been the making of market of the king's castles and strengths (being the keys of the realm, wherein the ordinance, ammunition and jewels of the crown are placed), by some to whom the custody and keeping thereof happened to be committed for the time, constraining his highness's regents in his tender age, and others having his right and power for the time, to redeem his own houses, munitions and jewels at his great charges, and with their lands, living, and goods, to the heavy damage and interest as well of his majesty as of them, their heirs and posterity. For [remedy]† whereof, and eschewing of the like evil example amongst his highness's subjects to make their unlawful advantage and commodity by his service in all time coming, it is statute and ordained that whoever has received any sums of money, lands, benefices or goods, either belonging to his highness or his regents, and others having his right and power, for rendering and delivering of his highness's proper castles and strengths, with his ordinance, munitions and jewels being therein, since his highness's coronation, or that happens to make any such contract or merchandise in time coming, directly or indirectly, shall be held to render and deliver again that which they have received, or shall happen to receive, to the benefit of themselves or any of their heirs, or the value thereof to his highness and his successors, being properly his own, or to his said regents or others having his highness's right and power, their heirs and executors, upon cognition had that the things given for the said cause pertained properly to them, to be used and enjoyed by them and their heirs, in case they be capable thereof, or otherwise to be conveyed at their pleasures; and that his highness and they shall have good action for repetition thereof as necessarily given by them for the time to eschew greater inconveniences and yet wrongly received by the takers for unlawful causes.
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†Forasmuch as by an act of parliament made at Edinburgh on 1 February 1551 [1552], it is statute and ordained that no manner of taverners take upon hand to make any mixing of any old wines and new wines, or put any water in the same, under the pain of escheating of the puncheon that such wine or water shall be put into, together with all the rest of all and sundry the wines, being the owners of such a tavern, and loss of their freedom for ever; and in like manner, that none of our sovereign lord's lieges, buyers of wines to be sold again, and owners of taverns, take upon hand to hoard or hide any of such wines cost by them in their houses and privy places, but that they put the same in their common taverns and vaults thereof, to be sold indifferently to our sovereign lord's lieges upon the prices that shall be set, made and proclaimed thereupon, under the pains aforesaid; which act our sovereign lord, with advice of three estates in this present parliament, ratifies and approves, ordaining the same to stand in force and effect as a perpetual law in time coming. And for the better execution thereof, makes and constitutes the provosts and bailies of all burghs his highness's justices in that part, with power to them to make searchers, take inquisition and hold justice courts every month once within each burgh where wine is to be sold, upon the contraveners of the said act, and as they be found culpable, to execute the said pains upon them; and in case the said provosts and bailies be found remiss or negligent therein, being called and convicted thereof, they to incur the pains of loss of their freedom and not to enjoy honour or office within burgh in any time thereafter.
[1581/10/53]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates and whole body of this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms the act made in his highness's parliament held and begun at Edinburgh on 20 October 1579, touching the disinheriting of the posterity of those that are convicted of the murders of the king, our sovereign lord's dearest father, and his two regents, and ordains the said act to have full effect and execution in all time coming, not only against the persons specially nominated therein and their posterity, but also against James [Douglas], sometime earl of Morton and Master Archibald Douglas, sometime parson of Glasgow, who are forfeited for the said crimes since, and all others of the surname of Hepburn, Hamilton and Douglas that are already or shall happen to be convicted in time coming for the said crimes or any of them, with these additions: that our said sovereign lord and his successors shall not only have the right and escheat of all lands, heritages, towns and possessions really appertaining to the aforesaid persons convicted or to be convicted for the said crimes, or any of them, and whereof their infeftment, right or title may be shown, but also of all other lands, rooms or possessions to the which the aforesaid persons convicted or to be convicted for the crimes aforesaid, or any of them, might succeed as heirs of line, tailzie or provision to whatsoever persons, notwithstanding that their rights, titles, infeftments and sasine of the aforesaid lands be not recoverable by the fraud that may be used in abstracting thereof; and likewise that our said sovereign lord and his successors shall succeed to all persons which are deceased or shall happen to decease at his faith and peace in all lands, heritages and possessions to the which the aforesaid persons forfeited or to be forfeited as said is might or should have succeeded, in case they had not been forfeited in manner aforesaid; and declares by this present act all lands and heritages which may fall to the aforesaid persons convicted or to be convicted, as heirs to whatsoever persons not culpable of the said crimes, or any of them, now to have come in our sovereign lord's hands and under his highness's disposition, to be possessed by his majesty and the persons to whom he has conveyed or shall convey the same, their heirs and successors in time coming; likewise also it is statute and ordained that in case any persons be already deceased or shall happen to decease hereafter of the aforesaid surnames of Hepburn, Douglas or Hamilton, and that either themselves or their apparent heirs, male or female, of line, tailzie or by provision, is or shall happen to be forfeited for art and part of the said treasonable murders, or any of them, through which their said apparent heirs may not succeed by the laws of this realm to the persons so deceased, in that case the same persons deceasing shall have no other heirs but our sovereign lord, and his highness shall succeed as the last heir, as well to the persons forfeited as to all other persons bearing the names of Hepburn, Douglas or Hamilton whose apparent heirs are or shall happen to be forfeited for the causes aforesaid, as having the right in the matter; likewise his majesty and the persons that are or shall be infeft in their lands, livings, honours, offices and possessions shall enjoy and use the same in all time coming, utterly secluding the said apparent heirs, their posterity and all others pretending title by line, tailzie or other provision whatsoever, from all possibility of succession in the causes aforesaid.
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Concerning the supplication presented to our sovereign lord and his three estates in this present parliament by James Stewart, earl of Arran, lord Aven and Hamilton, making mention that where, for the singular favour and goodwill which he has ever borne and bears, as also the earnest care which he has to the preservation of our sovereign lord's person and estate, the commonwealth and quietness of this realm and punishment of such as unnaturally and traitorously had conspired and executed the odious and treasonable murder of his majesty's late dearest father, he was moved, according to his oath and bound duty to his highness, to accuse, challenge and dilate, in presence of his majesty and lords of secret council for the time, upon sure knowledge, the late James [Douglas], sometime earl of Morton and Master Archibald Douglas, sometime parson of Glasgow, to have been art and part and upon the foreknowledge and concealing of the said treasonable murder; for the more clear trial whereof, he was also moved not only to use menacing and boasting words, but also some hard and rigorous handling of sundry persons, through which at last the truth was manifest and the said late earl was found, tried and declared guilty of the said treasonable crime, and for the same justly and worthily executed to the death; likewise the said Master Archibald, knowing himself guilty of the said treasonable crime and fearing the like punishment, fled out of this realm and yet remains fugitive; wherefore the king's majesty and three estates of this present parliament, considering the circumstances of the said Earl of Arran's proceeding in this case, finds and declares that the accusation, dilating and following forth of the trial of the said sometime Earl of Morton and Master Archibald Douglas concerning the said odious murder, and all things following thereupon, he has worthily, duly and diligently used and executed the commissions given to him by his majesty in that behalf, as also has done good, true, honourable and acceptable service to his highness and a common benefit to the whole realm, meriting an honest reward and recompense thereof, which his majesty promises in the word of a prince to give and convey to him, how soon his highness may in any way have the commodity thereto. And also his majesty and estates aforesaid decree and ordain that for the causes aforesaid, the said Earl of Arran, nor his heirs, shall not be called nor accused, nor incur any hurt, pain or danger thereupon in their persons, lands or goods, notwithstanding any laws, acts or statutes made or to be made in the contrary, exonerating them of all pain and danger that they may incur thereupon for ever.
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Forasmuch as it is understood and well advisedly considered by the king's majesty and three estates of this realm, being assembled in this present parliament, that the patrimony of his crown and revenues thereof being augmented is the great good and profit both to the king's grace and his lieges, and therefore it is thought expedient that our sovereign lord, following the good example of his predecessors, should annex to the crown, for the honourable support of his estate royal in all adventures and causes, both in war and in peace, such lands and lordships as are now presently in his hands that are not annexed of before, and the said lands, being annexed, to remain perpetually with the crown, may neither be given away in fee nor freehold to any persons, whatever estate or degree they be of, without advice, decreet and deliverance of the whole parliament, and for great reasonable causes concerning the welfare of the realm, first to be advised and digestly considered by the whole estates; and albeit it shall happen our sovereign lord that now is, or any his successor kings of Scotland, to annul and convey the said lordships, lands, castles, towers, donations and advocations of kirks and hospitals, with their continents, to the crown as said is annexed, that the alienation and disposition shall be of no value, but it shall be lawful to the king for the time to receive these lands to his own use, whenever it pleases his grace, without any process of law, and the takers shall refund and pay all profits that they have taken up of these lands again to the king for all the time that they have had them, with such other restrictions as are contained in the acts of parliament made by his highness's most noble predecessors, kings of Scotland, in the annexation to the crown. And therefore his highness, with advice and consent of his three estates of this present parliament, has annexed to his crown to remain therewith in manner aforesaid these lands after following: they are to say, the lands and lordship of Douglas, with the castle, tower and fortalice thereof, advocations and donations of kirks and benefices and their pertinents; the lands and lordship of Crawford Lindsay, alias Crawford Douglas; the lands and lordships of Bonkle, Preston and Tantallon, with towers, fortalices, lands, rents, advocations and donations of kirks; the lands of Dunsyre; the lands and lordship of Jedburgh Forest; the lands and lordship of Bothwell, with the tower, fortalice and their pertinents; the lands of Selkirk; the lands of Cockburnspath.
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†Forasmuch as it is understood by the king's majesty and three estates of parliament that often times doubts and questions arise touching the proclamation of the acts of parliament and publication thereof, it being sometimes alleged by the lieges that they are not bound to observe and keep the same as laws, nor incur any pains contained therein, until the same be proclaimed at market crosses of the head burghs of all shires; for remedying of which doubts in time coming, it is statute and ordained by our sovereign lord and estates of this present parliament that all acts and statutes of parliament made at this time and that shall happen to be made at any time hereafter shall be published and proclaimed at the market cross of Edinburgh only, which publication our said sovereign lord and estates aforesaid decree and declare to be as viable and sufficient as if the same were published at the head burghs of the whole shires within this realm; and also declare the whole lieges to be bound and restricted to the obedience of the said acts as laws 40 days after the publication of the same at the said market cross of Edinburgh being past.
[1581/10/57]*[print] [email] [cite] [preceding] [following]
Forasmuch as in our sovereign lord's parliament held and begun at Edinburgh on 20 October 1579, there is an act made concerning the establishing of the king's majesty's council and the form thereof ordained to endure until further order should be taken by his highness, with advice of his estates in parliament; and now, his majesty having convened his said estates in this present parliament, by their advice, for the support of his highness in the administration and governing of the affairs of his crown, estate and commonwealth of his realm, has nominated, elected and chosen and, by the tenor hereof, nominates, elects and chooses the earls, lords and others underwritten to be of his highness's privy council: they are to say, James [Stewart], earl of Arran, lord Aven and Hamilton, David [Lindsay], earl of Crawford, lord Lindsay, John [Graham], earl of Montrose, lord Graham, Andrew [Leslie], earl of Rothes, lord Leslie, James [Cunningham], earl of Glencairn, lord Kilmaurs, Hugh [Montgomery], earl of Eglinton, lord Montgomery, John [Maxwell], earl of Morton, lord Maxwell, James [Ogilvy], lord Ogilvy, John [Maxwell], lord Herries, James [Stewart], lord Doune, Mark [Kerr], commendator of Newbattle, and Alexander [Colville], commendator of Culross, in addition to his highness's ordinary officers of the estate, to wit, [Esme Stewart, duke of Lennox], lord great chamberlain, [Colin Campbell, earl of Argyll], chancellor, [William Ruthven, earl of Gowrie], treasurer, [Robert Pitcairn, commendator of Dunfermline], secretary, [William Murray of Tullibardine], comptroller, collector general, [Sir Lewis Bellenden of Auchnoull], justice clerk, [Alexander Hay of Easter Kennet], clerk register, [Robert Crichton of Eliock], advocate, and [Mark Kerr], master of requests; and that every one of the said officers to use their offices by themselves and their deputes according to the former acts, with these alterations and additions: that of the whole number of councillors and the ordinary officers, there shall be seven present and sitting at least when any act is made, decreet given or other matter of importance entreated, and that no persons remain in the council house in time of council, excepting the sitting councillors and officers and a clerk, the macer remaining outwith the council house door except when he shall be called upon and have occasion to enter and show the council the desire of any party there attending; and that none of the councillors nor officers, from the time of their entry in the council until the rising thereof, without special command and direction, pass from the council table to speak with any person outwith the council house, or yet pass up and down the house, neglecting the affairs that are entreated amongst the remainder that sits; and two of the council to subscribe, as the custom has been in time past, providing that such young noblemen as enter in the council house with the king's majesty and shall be allowed by his grace so to do, may remain therein and hear the reasoning, so long as his majesty's own pleasure shall be to abide for the time, they being sworn to keep secret that which they shall hear; and that his highness, when he shall think expedient, may nominate another three noblemen, or such others as he shall please nominate to be of the number of his said privy council; and this form and order to stand until further order be taken by the king's majesty, with advice of his estates, in his next parliament; and in case of any deficiency of the said councillors, that the king's majesty, with advice of the remainder of his council, elect and choose other persons in their rooms as often as need be.
[1581/10/58]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord, through the disorderly behaviour and dealing of sundry his highness's subjects, is daily bothered, seeing that, without due reverence had of his majesty or the acknowledging of themselves and the nature of their suits, and without all respect of the time, place and other circumstances requisite, they cease not to present signatures, letters and precepts to his majesty's self and importunately to urge the granting and subscribing the same then instantly or his highness's solemn promise thereupon, his majesty not being certainly informed nor advised upon the valour of the matters sought of his highness; for remedy of the which abuse, it is statute and ordained by his majesty, with advice of his said three estates in this present parliament, that all persons, his highness's subjects, which have any gift, grace, precept or other letter to crave of his majesty which they desire to have expedited gratis, or the same being of such nature as customarily is not subject to the payment of composition, shall seek the same of his highness by supplications in writing, which his majesty, by himself or his master of requests, will always receive from the presenters and grant them favourable audience, keeping their said supplications until his highness be advised therewith; and that none presume to urge his majesty then presently to subscribe their signatures or letters, or to make any promise by word or writ thereupon, but attend upon the answers of their supplications to be given in writ; and to that effect, that the same supplications may receive due answers so soon as conveniently may be, to the reasonable satisfaction of the suitors, his majesty will cause place the said supplications in some convenient room until at his first leisure he may call to him such of his council and officers as he shall think most suitable for the consideration and ordering of his affairs, and then cause read them and note on the back of everything his highness's mind touching the granting or refusal thereof; which being delivered again to the parties, that they stand satisfied therewith without further importuning of his majesty thereupon, as they will answer at their peril and under pain of incurring his highness's reproof and indignation if they shall presume in the contrary.
[1581/10/59]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is clearly understood by the king's majesty and three estates of this present parliament that after that the late James [Douglas], earl of Morton and other disobedient subjects were accused of treason and he committed in ward until he should have been tried of the same, according to the laws of the realm, and at the same time our said sovereign lord gave sundry factories of the said persons' livings to sundry persons, who not only have intromitted with diverse and sundry mails, ferms, profits and duties pertaining to them and have rendered no account of their intromission, but also under pretence of the said gifts yet intromit therewith, therefore it is statute and ordained by our said sovereign lord, with advice aforesaid, that all such gifts be discharged and presently discharges the same and all factories given to whatsoever person or persons in manner aforesaid, and decrees and declares the same to have no strength, force nor effect in time coming; and ordains letters of publication to be directed hereupon in the appropriate form.
[1581/10/60]*[print] [email] [cite] [preceding] [following]
The which day our sovereign lord, with advice of his three estates in this present parliament, decrees and declares that the act made in this present parliament against the unlawful profit by the captains and keepers of the king's castles shall in no way extend to the dispossessing of Robert Erskine of Little Sauchie and James Colville of Easter Wemyss, or annulling of their infeftments of the lands of Strathkinness and Ballone, with the kirklands of Cupar and the Clink Mill, otherwise than shall be decreed by decreet arbitral to pass upon the compromise made between Colin [Campbell], earl of Argyll, chancellor and justice general, and James [Stewart], lord of Doune, taking the burden on them for Dame Elizabeth Stewart, countess of Moray, and Margaret Stewart, her sister, daughters to the late James [Stewart], earl of Moray, lord Abernethy, regent to our sovereign lord, his realm and lieges for the time, and for James [Stewart], now earl of Moray, spouse to the said Elizabeth for his interest, and for the tutors and curators of the said Dame Elizabeth, his said spouse, their tutors and the tutors and curators of the said Margaret Stewart on the one part, and the said Robert Erskine on the other part, referred by the said parties to certain indifferent persons and friends and to our sovereign lord as oversman and arbitrator; and that until the said decreet arbitral be pronounced and the effect thereof fulfilled, the said Robert and James shall possess the said lands according to their infeftments, which our sovereign lord, with advice of his said estates, ordains to stand in full force and effect in the meantime.
[1581/10/61]*[print] [email] [cite] [preceding] [following]
The lords of articles declare that the ward lands shall pay taxation as well as others, and ordain the sheriffs of the shires within whose bounds the said ward lands lie to be charged to make payment of the taxation of the same ward lands, according to the tax roll made thereof for the bygone only, and for the time to come, remit the same to the commissioners deputed to convene after the parliament.
[1581/10/62]*[print] [email] [cite] [preceding] [following]
Forasmuch as at command and express direction of our sovereign lord, with advice of the lords of his highness's secret council, Alexander Home of Manderston intromitted with the place of Morham for apprehension of Master Archibald Douglas, parson of Glasgow, suspected and dilated in presence of his highness and his said council of crimes of treason and lese-majesty, and of his letters and writs; and thereafter his highness, willing that the said Alexander were freed and delivered of the said place, therefore his majesty, with advice of his said secret council, ordained and commanded the said Alexander Home to render and deliver the said house and place of Morham, with all the goods and gear, furnishings and plenishing being therein and intromitted with by him, at his highness's direction and command as said is, to John Calder, Bute pursuivant, upon inventory thereof, to be interchangeable, made, passed and subscribed between them thereupon, to the effect that the said goods, gear, furnishings and plenishing may be forthcoming, as law will; therefore our sovereign lord, with advice of his three estates and whole body of this present parliament, decrees and declares that the said Alexander, in his intromission with the said place and searching of the said Master Archibald to be apprehended, has done his duty and acceptable service to his highness, and that he, nor the persons assisting him in that deed, shall incur no crime, pain, hurt or danger thereupon in their persons, lands or goods, nor be called nor accused for the same criminally nor civilly by any manner of way in time coming, exonerating and discharging them simply thereof and of all action and claim that may be intended against them thereof by this present act forever.
[1581/10/63]*[print] [email] [cite] [preceding] [following]
Concerning the supplications presented to the king's majesty and lords of articles of this present parliament by George [Gordon], earl of Huntly, lord Gordon and Badenoch, son and heir of the late George [Gordon], earl of Huntly, that last departed, for himself and the rest of his kin, friends and servants, dependants on his house, requiring the whole actions of plunder, depredations and demolitions contained in the precepts and claims of William [Forbes], lord Forbes, John [Forbes], master of Forbes, his son, their adherents whatsoever, as committed against the tenor of the abstinence concluded and agreed on 2 July 1572, to be declared to be extinguished, expired and proscribed in all time coming according to the tenor of the pacification, and the said William, lord Forbes, John, master of Forbes, their adherents and others aforesaid, never to be heard to pursue and weaken the same in time coming; and likewise desiring that command may be given to the lords of session to proceed and administer justice in the cause pursued by the said Earl of Huntly and his father's brother against the said lord and master of Forbes and certain others of their surname and dependants on the house of Forbes, for removing from the lands and baronies of Keig and Monymusk, according to the warnings made before the feast of Whitsunday [10 June] 1576, notwithstanding the act of parliament purchased by the said lord and master and their adherents at the last parliament held at Edinburgh on 11 November 1579, discharging the lords of session of all proceeding in the same cause to the time decreets were pronounced in the said actions pursued for the plunder and depredations allegedly done after the time of the abstinence, which act tends only to the frustration of justice, the said Earl of Huntly and his father's brother, whom it concerned in special, and who might have answered and informed his highness and his estates thereupon, never being called thereto nor heard therein, as at more length is contained in the said supplications; our sovereign lord, with advice of his three estates in this present parliament, decrees and declares that the said pacification shall stand firm and inviolable in favour of the said Earl of Huntly, his kin, friends, servants and dependants on his house, and that the whole actions of plunder, depredations and demolitions contained in the precepts and claims of William, lord Forbes, John, master of Forbes, his son, their dependants and others above-written, against the said Earl of Huntly, his father's brother, his kin, friends, servants and dependants on his house, as committed against the tenor of the said abstinence, are and shall be extinguished, expired and proscribed in all times coming hereafter, and the said lord and master of Forbes, their adherents and others aforesaid never to be heard to pursue and revive the same in any time coming; and likewise declares and decrees the act of parliament purchased by the said lord and master of Forbes, their kin and adherents in the parliament held at Edinburgh on 11 November 1579, to be expired and extinct in all times hereafter, which act discharged the lords of council and session to proceed in the cause of removing of the said lord and master and their friends from the lands and barony of Keig and Monymusk until decreets were pronounced in the actions of plunder, depredations and demolitions pursued by the said lord, master and their friends against the said Earl of Huntly, his father's brother and others aforesaid; and yet his majesty and three estates in this parliament, considering that the debatable cause, deadly feuds and controversies between the said parties are not yet removed and taken away, to the said submission made to that effect, the time thereof being expired, his highness's good will and intention remaining to have the same yet done, has therefore thought suitable, by advice of his said estates, that all the debatable causes, deadly feuds and controversies between the said parties shall be submitted of new to certain friends on either side, according to the which his m[ajesty's]† pleasure and good meaning in the self so godly and reasonable, the said parties have presently submitted their said whole quarrels, deadly feuds and cause debatable, as well criminal as civil, that have fallen out and happened between them since 1 November [...] to the day and date of this act, to certain their friends on either side, that sentence, decreet arbitral and deliverance may be pronounced thereupon between now and 1 February 1582; and in case any variance result upon the premise, through which the said noblemen shall not happen to appoint and agree amongst themselves, then they shall report in presence of his majesty and his council the matters and points wherein the variance stands, through which his highness, as arbitrator and oversman commonly chosen by both the said parties, with advice of such of his privy council as he shall elect and call to him, may give final decision toward the said deadly feuds and controversies, whereupon decreet pronounced at the furthest between now and 10 March 1582; which day being past and the said cause into both civil and criminal not being determined and decided by the submission aforesaid, in that case either of the said parties shall have place to pursue others for whatsoever cause, except such as are taken away by this present act and the pacification aforesaid, which our sovereign lord ordains to have full effect in all time coming.
[1581/10/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates convened in this present parliament, considering that the deadly feuds, quarrels and controversies between his highness's subjects and the surname of Gordon and Forbes and their partakers are not yet removed and taken away by the former submission made to that effect, the time thereof being now expired and his highness's good will and intention remaining to have the same yet done, has therefore thought fit, by advice of his said estates, that the said debatable cause, deadly feuds and controversies shall be submitted of new to certain friends on either side, according to the which his majesty's pleasure and good will remaining, being in the self so godly and reasonable, a noble and mighty lord George [Gordon], earl of Huntly, lord Gordon and Badenoch, with express consent and assent of John Gordon of Lochinvar and Patrick Gordon of Auchindoun, curators to the said earl, for their interest, for themselves and taking the burden on them for the whole kin, friends, servants and partakers of the said Earl of Huntly, on the one part, and a noble lord William [Forbes], lord Forbes, and John [Forbes], master of Forbes, his son and apparent heir, for themselves and taking the burden on them for the whole kin, friends, servants and partakers of the said Lord Forbes, on the other part, have submitted and, by the tenor hereof, submit all quarrels, deadly feuds and cause debatable, as well criminal as civil, that have fallen out and happened between them since 1 September 1571, to the persons underwritten: they are to say, for the part of the said Earl of Huntly, his name, friends and partakers aforesaid, Robert [Pitcairn], commendator of Dunfermline, secretary to our sovereign lord, Mark [Kerr], commendator of Newbattle, and Alexander Hay [of Easter Kennet], clerk register; and for the part of the said lord and master of Forbes, their name, friends and partakers, George [Keith], earl Marischal, Patrick [Lindsay], lord Lindsay of the Byres and Master James Haliburton, provost of Dundee; which persons chosen for both the said parties shall convene here and determine the said debatable cause, deadly feuds and controversies in the king's majesty's presence where his highness shall happen to be for the time, upon such day or days as his highness and the said lords being with his majesty shall appoint, so that always their sentence, decreet arbitral and deliverance shall be pronounced between now and 10 February 1582; and in case any variance results upon the premise, through which the said arbiters shall not happen to agree and appoint amongst themselves, then they shall report in presence of his majesty and council the matters and points wherein the variance stands, through which his highness, as arbitrator and oversman commonly chosen by both the said parties, with advice of so many of his privy council as he shall elect and call to him, may give final decision toward the said deadly feuds and controversies, whereupon decreet shall be pronounced between now and 10 March 1582. Moreover, both the said parties shall deliver these claims if any further they have than is already given to the clerk of secret council between now and 10 December 1581, which being interchangeable, delivered again to the parties, they shall make and deliver their answers henceforth to the said clerk within ten days thereafter; and whatever the said judges, arbiters and amicable compositors, in one voice or the most part of them in one voice, being convened in equal number in his majesty's presence as said is, or in case of variance his majesty, with advice as said is, pronounce, decreet and deliver in the premises amicably both the said parties, for themselves and taking the burden on them as said is, shall abide, underlie and fulfil the same to others without appellation, reclamation or contradiction whatsoever. Moreover, both the said parties, for themselves and taking the burden on them as said is, are content and consents that the assurance already taken and agreed upon to stand between them to 1 April 1582 shall remain and yet continue to 1 June 1582, which they promised to observe and keep inviolate in any point, under the pains contained therein. Moreover, both the said parties are content and consents that this present compromise and submission, with the decreet arbitral that shall happen to be pronounced and given thereupon, be acted and registered in the books of privy council and session, to have the strength of an act and decreet of the lords thereof, and that letters and executorials be directed thereupon in the appropriate form, and, for acting and registering of the same in the said books, has made, constituted and ordained jointly and separately in greater form, promising ratification; in witness of the which thing both the said parties and arbiters in taking of their acceptance to this present compromise in and upon them, as also our sovereign lord has subscribed this act with their hands as follows, at [...] on 28 November 1581.
[1581/10/65]*[print] [email] [cite] [preceding] [following]
Forasmuch as concerning the supplication given in by John [Maxwell], lord Herries, William Baillie of Lamington and Edward Maxwell, son to the said lord, making mention that where for fulfilling of a part of the contract of marriage made between the said lord and his said son on that one part, and the said laird of Lamington and Margaret Baillie, his lawful daughter, on the other part, for marriage contracted and shortly thereafter solemnised between the said Edward and the said Margaret, it being convened that the said Edward should receive the surname of Baillie and arms of the house of Lamington in respect of the good deeds and benefits he was to receive of the said marriage, nevertheless, upon considerations moving the said parties, it is condescended and agreed with advice of friends on either part that it shall be dispensed with the said Edward's receiving of the said surname of Baillie for a certain space to come, providing that William Maxwell, eldest lawful son born between the said Edward and the said Margaret, shall instantly receive the said surname of Baillie and arms of the said house of Lamington and an act and statute to be made in this present parliament thereupon; therefore our said sovereign lord, with advice and consent of the three estates of this present parliament and of consent of the said John, lord Herries, William Baillie of Lamington and the said Edward Maxwell, has statute and ordained that the said William Baillie, eldest lawful son and apparent heir born between the said Edward and Margaret, has willingly passed from his surname of Maxwell, received and accepted in place thereof the said surname of Baillie and arms of the said house of Lamington and, therefore, decrees and ordain him now to be called in all times coming William Baillie, and all his posterity thereafter to be called Baillie of their surname, and never to revoke the same nor to receive any other surname hereafter; and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.
[1581/10/66]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by the provost, bailies, council and community of the burgh of Dundee, making mention that where within these few years the community of the burgh of Perth, without any ground or good reason, stirred up a question against the said burgh of Dundee for the first place in all parliaments, conventions and assemblies, the said burgh of Dundee being the more ancient burgh, much more burdened in the service of our sovereign lord both in bodies and goods, the estate of the said burgh being also governed by the merchants, excluding the craftsmen, from all office of government within the same, and the said burgh of Dundee being ever in times past in possession of the first place; and because the said inhabitants of the said burgh of Perth persisted so wilfully in their said suit, the matter being proposed to our sovereign lord and three estates in the parliament held at Edinburgh on 11 November 1579, the same was remitted, together with the reckoning and placing of the whole burghs within this realm, to the commissioners of the whole burghs, to be finally determined by them in the next convention, as the act of parliament made thereupon here present to show at more length purports; according to the which, the said debate was proposed to the said commissioners, first in their convention held at Glasgow in February 1579 [1580], and secondly in their convention held at Aberdeen in July 1580, at both the which times there was nothing proceeded of the rarity of the said commissioners and that there was no convenient time then to treat the said matter, and so, last of all, the same was continued to the convention of the commissioners of burghs to begin at Edinburgh on 17 April 1581, and the matter of new being proposed in the said convention and the reasons of either party being produced in writ, reviewed and considered by the said commissioners; they on 20 April 1581 aforesaid, gave to the said burgh of Dundee their resolute answer that they were not judges competent thereto nor could not conveniently decide thereupon for certain pretended reasons specified in the act of the date aforesaid; and nevertheless, upon the morning thereafter, being 21 April, the said commissioners being convened, declared that for fear of letters of horning directed against them they would pronounce in the said matter in manner following and upon the same day, for fear of the said letters, as they plainly professed, decreed that the commissioners of Perth should have the first place in all conventions until the next parliament, to the which time they remitted the principal matter without prejudice of the right of either of the parties, either at that time or any other time thereafter; and so the said commissioners were not only contrary in their first and last deliverance, but also have given no direct answer to the principal matter according to the said act of parliament, which was their power and commission, but have remitted the same to the parliament, as the act here present to show bears; and so this contention and lawsuit is yet undecided, either in the part of Dundee, Stirling and Perth, nor yet in the reckoning of the rest of the whole burghs, after the form and tenor of the said act of parliament, desiring therefore the king's majesty and three estates to receive the reasons which the said provost, bailies, council and community of Dundee have presently to be produced and to decide in the said matter, so that thereafter no question may arise thereupon, as at more length is contained in the said supplication. Which being seen and considered first by the king's majesty and lords of articles, and thereafter by the three estates, our said sovereign lord, with advice of the said three estates of this present parliament, has remitted and remits the decision of the said matter simply to the burghs, and ordains them to proceed and decide summarily therein without further delay, and likewise upon the reckoning and placing of the rest of the burghs, every one of them in their own places, and as they shall use the same in time coming; and ordains letters to be directed hereupon, if need be, in the appropriate form.
[1581/10/67]*[print] [email] [cite] [preceding] [following]
Forasmuch as concerning the complaint given in by John Carnegie of that Ilk, making mention that where in the month of [...] 1570, he being by way of most violent oppression ejected out of a mansion and dwelling place of Seton, his whole goods, gear, gold, silver and evidences being plundered out of the same by George Douglas, now bishop of Moray, his accomplices and a great company of soldiers conducted by him to that effect, against whom he intended summons of plunder before the lords of session, which continually as yet has been delayed, to his great damage and hurt; and in the meantime there are diverse of his adversaries' parties deceased at sundry times, so that after the decease of every particular person, the said John is burdened with the translation of the whole process, and after the translation against any person, he is compelled to transfer the same upon the heirs of the persons deceased, so that he, by the occasion aforesaid, likely to have an endless lawsuit without any redress; and albeit sundry of the persons which are guilty of the said plunder would for their own parts transact and agree with the said John, but lest the said translation should hurt his own matter, he fears to deal with them in that behalf unless he has the said lords' declaration in parliament declaring the same to be lawful, by the which declaration no person can be hurt, seeing the said John is content that whatsoever he shall receive from any particular person in name of translation and agreement shall be allowed of the readiest of his sums known (the like was done and concluded in parliament in favour of the cardinal's executors against certain persons who plundered the castle of St Andrews in the month of May 1546), as at more length is contained in the said supplication; therefore our said sovereign lord, with advice and consent of the three estates of this present parliament, by the tenor hereof, decrees and declares that it shall be lawful to the said John Carnegie of that Ilk to agree with any of the said persons contained in the said summons, their heirs and executors, he deducting and allowing the same sums of the first end of the rest of the sums contained in his said summons.
[1581/10/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of three estates of this present parliament, understanding the report of honest and credible persons that Archibald Douglas, natural son to the late James [Douglas], sometime earl of Morton, etc., is resting owed to Master John Douglas, sometime pedagogue to the said Archibald, the sum of 400 merks money for certain furnishing made by the said Master John to him in the parts of France of a long time past; for payment whereof, our said sovereign lord, with advice of the said three estates, assigns of the first and readiest fruits and rents and emoluments of the lands of Pittendreich and others whatsoever which pertained to the said Archibald, or of any part thereof, the sum of 400 merks, together with the sum of 100 merks to be paid as said is, for the support and relief of the said Master John in the long awaiting and suit of payment of his debt aforesaid, and that notwithstanding any gift, disposition or infeftment given or to be given of the said Archibald's lands, rooms or possessions whatsoever, by reason of forfeiture or otherwise, to Patrick [Gray], master of Gray, Patrick [Leslie of Pitcairlie], commendator of Lindores, or any others whose gifts our said sovereign lord and estates aforesaid declare to have no effect to the time of the complete payment of the said sum be made to the said Master John, and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.
[1581/10/69]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that [Mary], his highness's dearest mother, in her perfect age, with advice of the three estates of her parliament, gave, granted and in feu ferm heritably lent to his right trusty cousin and councillor Sir James Stewart of Doune, knight, his heirs and successors specified in the charter and infeftment of feu ferm made thereupon, all and sundry the lands underwritten, with mills, multures, fishings, parts, pendicles, tenants, tenantries and service of free tenants of the same: they are to say, all and whole the mains of Doune called Drumcampsie and Balkerach, the Kerse of Cambus, the Brae and Miltoun of Cambus, the Parktoun, Balvorist, Calziebohalzie, Caldhame, Wester Argaty, with the mill and cruives of Doune, the Easter Frew, the Middle Frew, the Wards of Goodie, Murdoch's town, Ballindronoch, Blairgairie, Coilantogle, the twenty shilling land of Cambusbeg, the Wester Brigend, Duart, Auchinhard, Grodich, the park of Doune, the keeping of the castle of Doune and forest of Glen Finglas, and all other parks and waters within the stewartry of Menteith, set to the said Sir James and his aforesaid in feu, with the fishing in the Waters of Teith, Loch Venachar, Lubnaig, annexes, connexes and pertinents thereof aforesaid, all lying within the stewartry of Menteith, together with the office of the said stewartry, as the said infeftment in the self at length purports; which charter and infeftment aforesaid, whole points, articles and clauses therein contained, our said sovereign lord, with advice of the three estates of this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms, excepting to our said sovereign lord and his successors the feu ferm duties specified and contained in the said Sir James's infeftment of feu ferm aforesaid owed to our said sovereign lord and his predecessors of before the said ratification. Moreover, our said sovereign lord, for the good, true and thankful service done by the said Sir James to his highness's self, his dearest mother and [James V], his late grandfather, and to give him the better occasion to continue and pursue therein, and understanding it most equitable that the advocation, donation and right of patronage of the chaplainry of St Fillan, situated within the said castle of Doune, and [the chapel of] the chaplainry of St Fillan, situated without the same, be conferred in the person of the said Sir James and his aforesaid heritable feu farmers of the aforesaid lands, therefore our said sovereign lord, with advice of the three estates of this present parliament, and by the tenor of this present act, gives, grants, conveys and confirms to the said Sir James, his heirs and successors aforesaid, the advocation and donation of the said chaplainry of St Fillan, situated within the said castle, the chapel of the said chaplainry of St Fillan, situated without the same, and all and sundry lands, houses, duties and annualrents pertaining and belonging thereto, advocation, donation and right of patronage and all other kirks, benefices and chaplainries, tenants, tenantries and service of free tenants of the same, annexes, connexes, parts and pendicles thereof aforesaid. Moreover, our said sovereign lord, having respect that the said Sir James is descended of his own blood, and being of good will and mind that he be promoted to such honour and dignity as he has merit, has erected, created, united, annexed and incorporated, likewise his highness, by this present act, with advice aforesaid, erects, creates, unites, annexes and incorporates all and sundry the aforesaid lands, offices and others particularly above-written, advocation, donation and right of patronage of the said chaplainry and of all other kirks, benefices and chaplainries, annexes, connexes, parts, pendicles, pertinents, tenants, tenantries, service of free tenants of the same aforesaid, in a lordship to be called in all time coming hereafter the lordship of Doune, decreeing and ordaining the said Sir James, his heirs and successors specified in the said infeftment in all times coming to be called and entitled lords of Doune, who shall have the honour, dignity, place and pre-eminence of a lord of our sovereign lord's parliament, in all parliaments, assemblies and other conventions, with his arms appropriate thereto, and giving to him all honours, dignities, pre-eminences, which pertained, or of right and custom, ought to pertain to a lord of parliament, without prejudice always of the duties contained in the said Sir James's infeftment owing to our said sovereign lord, and also without prejudice to the said Sir James, his heirs and successors of the assignation of one part of the said duties for keeping of the said castle, which, notwithstanding the premise, shall stand in the own force and strength, ordaining and constituting the castle of Doune aforesaid the principal dwelling and chief residence of the said lordship. And for the cause aforesaid, our said sovereign lord wills and grants and, for his highness and his successors, likewise decrees and ordains that a sasine to be given by the said lord of Doune at the said castle of Doune and by his heirs thereat in time coming shall stand, extend and be sufficient sasine for all and sundry the aforesaid lands, mills, woods, fishings, advocation, donation and right of patronage of the said chaplainry of St Fillan, situated within the said castle and without the same, and all and sundry lands, houses, duties and annualrents pertaining and belonging thereto, advocation, donation and right of patronage of all other kirks, benefices, chaplainries and others aforesaid now united, erected and incorporated in the said lordship of Doune, notwithstanding that the same be not contiguous, concerning which our said sovereign lord, with advice aforesaid, by the tenor of this present act, dispenses for ever by this act, and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.
[1581/10/70]*[print] [email] [cite] [preceding] [following]
Forasmuch as concerning the supplication given in by the provost, bailies, council and community of the burgh of Aberdeen to the king's majesty and three estates of parliament, making mention that whereupon their supplication presented to his highness and lords of secret council at Dunnottar on 22 June 1580, declaring how his majesty's predecessors had endowed the said burgh with certain commodities, liberties and immunities for the support of the continuance thereof, namely, with a piece of ground called the Stokkat, adjacent to the said burgh, and with the salmon fishings of the same burgh upon the waters of Dee and Don, for yearly payment of 320 merks money of this realm to be paid in name of feu ferm to his highness and his successors; and how that they had been troubled in possessing of their said fishings by a pretended infeftment purchased by George Auchinleck of Balmanno in the time of the regency of the late James [Douglas], earl of Morton, uncle to the said George, from our said sovereign lord, with consent of the said late earl of the lands of Polgonie and Murtour, lying contiguous to the said salmon fishings of Don, and including in the said pretended infeftment salmon fishings by a clause of novodamus etc. inserted therein, cautiously to question the said complainers' old infeftment and possession of their said fishings enjoyed and possessed by them of before, without impediment since their first obtaining thereof, and thereby tending not only to prejudice them of their said fishings and former right thereof aforesaid, but also to take from our said sovereign lord and his successors the patrimony of the feu mail aforesaid of the said fishings and to diminish and stay the same and yearly customs of salmon fish taken and to be taken within the said fishings, being the most special duty of the said burgh, debt bound to be paid yearly to our said sovereign lord and successors, testified by the exchequer accounts; whereupon, and for other good reasons rehearsed in the said supplication, it then pleased our said sovereign lord, being at Dunnottar as said is, to revoke, abrogate, annul and discharge, with advice of the lords of his highness's secret council then present, the said pretended new infeftment of novodamus etc., so far as the same extends or may extend to the said fishings only as given to the said George in his highness's minority, not only to their hurt, but also to the great hurt of his majesty's own yearly rent, declaring the same, with all that followed or may follow thereupon touching the said fishings, to have been from the beginning, and to be in all time coming, of no value, force nor effect in judgement or outwith, wherever the same be produced, as a decreet and act of secret council of the date aforesaid here present to show at more length purports. And also at Holyroodhouse on 24 January 1581, our said sovereign lord, with advice of the lords of secret council aforesaid then convened, ratified and approved the said revocation and act of secret council made thereupon in all effects, respects and conditions expressed therein, and also then of new revoked, abrogated, annulled and discharged the said new pretended infeftment of novodamus etc. so far as the same extends or may extend to the said fishings, in manner at length above-written; and moreover, then ordained the said revocations and approbation to be ratified in his highness's next parliament, with new revocation, if need be, then to be made therein in corroboration of the said complainers' right and security and his highness's commodity of the feu mail aforesaid, as an act and decreet of secret council made thereupon, including the said former act of the date at Holyroodhouse on 24 January 1581, here ready to show at more length does testify. Desiring most humbly, therefore, our said sovereign lord and three estates aforesaid to see and consider the said former acts of revocation and whole contents thereof, and, in respect of the same and reasonable cause therein expressed, that his highness of new in this present parliament, with advice of the said estates, would revoke, abrogate, annul and discharge the said pretended new infeftment given by disposition and clause of novodamus etc. to the said George Auchinleck and others therein contained, of whatsoever date the same be, so far as the same extends or may extend to the said fishings only as given to the said George and others therein nominated in his highness's minority, not only to the hurt and detriment of the said burgh, commodities and privileges thereof, but also to the great hurt of his majesty's yearly annualrent; and to declare the same now as of before, with all that has followed or may follow thereupon touching the said fishing, to have been from the beginning and to be in all time coming null and of no value, force, strength nor effect in judgement, nor outwith wherever the same has been or is produced and shown, as at more length is contained in the said supplication. Which being seen and considered, first by the lords of articles and thereafter by the king's grace and estates, our said sovereign lord, with advice of the said three estates of this present parliament, revokes, abrogate, annuls and discharges the said pretended new infeftment given by disposition and clause of novodamus etc. to the said George Auchinleck and others therein contained, of whatsoever date the same be, so far as the same extends or may extend to the said fishings only as given to the said George and others therein nominated in our said sovereign lord's minority, not only to his highness's hurt and detriment of the said burgh, but also to the great hurt of his majesty's own yearly rent; and therefore decrees and declares the same now as of before, with all that has followed or may follow thereupon touching the said fishings, to have been from the beginning and to be in all time coming, null and of no value, force, strength nor effect, in judgement nor outwith, wherever the same has been or is produced and shown; and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.
[1581/10/71]*[print] [email] [cite] [preceding] [following]
Forasmuch as it has pleased the king's majesty, our sovereign lord, with advice of his three estates convened in parliament, upon the resignation of the abbot and convent of Scone of the temporal lands of the said abbey, whereof a great part pertained of old to the earldom of Gowrie, to infeft heritably his right trusty cousin and councillor William [Ruthven], now earl of Gowrie, lord Ruthven and Dirleton, his highness's treasurer, in the said temporal lands and feu mails thereof, erecting the same in an earldom, to be called the earldom of Gowrie in time coming; through which the said abbot and convent are not able to pay the full third of the said abbey according to the first assumption, they being now denuded of the said temporal lands which for the most part were assumed of before in payment of the said third; wherefore his majesty, by advice of his three estates in this present parliament, ordains and commands his collector general and lords auditors of his highness's exchequer to alter the assumption of the third of the abbey of Scone and to take the just third of the whole rents of the said abbey resting in addition to the yearly feu mails and duties of the said temporal lands, assuming the said third of the readiest of the duties, either money or victuals paid for the kirks and teinds of the said abbey, beginning of the crop of 1581, and so forth yearly in time coming, until further order be taken concerning the third of the said abbey by his highness, with advice of his estates in parliament; and that there be no more assigned to be paid out of the third of the said abbey, either in ministers' stipends or in payment of whatsoever pensions, gifts or other assignations accustomed to be paid out of the third of the said abbey of before except according to the said third now to be assumed thereof of this present year and crop and in no other way; and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.
[1581/10/72]*[print] [email] [cite] [preceding] [following]
Forasmuch as it has pleased the king's majesty, our sovereign lord, for the good, true and profitable service done to him by his beloved Master Peter Young, his highness's preceptor and master almoner, and that in the education of his highness virtuously in letters during his minority, to have confirmed certain infeftments which the said Master Peter has obtained of certain feu lands of the abbacy of Arbroath, paying thereof a duty of silver, of the which lands the duties were used of before to the general collector as assumed in the third of the said abbacy; our sovereign lord, willing that the infeftments obtained by the said Master Peter be in no way hurt nor prejudiced for any cause preceding the date of this act, but that the same stand as a perpetually right to him in all times coming, according to the tenor of the same, ordains therefore and commands his collector general and lords auditors of his highness's exchequer to alter the assumption of the third of the said abbey of that part now pertaining to the said Master Peter, and to take proportionally a third of the remaining rents of the said abbey according to the duty contained in the said Master Peter's infeftment, assuming the third of the readiest of the rents, money or victuals of whatsoever kirks, lands or teinds belonging to the said abbey, beginning of the crop 1581, and so forth yearly in time coming, to endure until our said sovereign lord of certain knowledge and deliberate mind has declared a contrary will by his express command and ordinance, and that with the advice of his highness's estates in parliament, and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.
[1581/10/73]*[print] [email] [cite] [preceding] [following]
We, undersubscribing, in the fear of God, love, favour and bound duty that we owe to our sovereign lord, our master, protest forasmuch as his grace's predecessors of good memory, and in special King James II, made acts and statutes of parliament against those that should happen to commit the horrible crimes of murder of kings, which acts have been allowed by all princes since, and in special by [John Erskine, earl of Mar], the king's majesty's regent, in the parliament held at Stirling in [August 15]71, for the cruel, horrible and detestable murder of [Henry Stewart, lord Darnley], his highness's father of good memory, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his regents, as in like manner the king's majesty himself and his estates has allowed and approved the aforesaid acts in the parliament held at Edinburgh in 1579, as the same bears at length, that in case anything be done at this present parliament to the hurt, derogation or in any way prejudicial to the acts aforesaid, that we, in one voice, dissent thereto and likewise in any time coming until his highness be of perfect age, protesting that we, nor none of us, shall be called, accused nor pursued in any time hereafter for the same in respect of this our protestation made in the contrary, which we most humbly desire to be admitted by our said sovereign lord and lords aforesaid, and that the clerks may have command of his highness etc. to insert this our protestation in the register books and there to remain for ever. It is thus subscribed: [Colin Campbell, earl of] Argyll, [James Stewart, earl of] Arran, [Robert Stewart, earl of] March, [John Graham, earl of] Montrose, [David Lindsay, earl of] Crawford, [William Ruthven, earl of] Gowrie, [John Maxwell, earl of] Morton, [Robert Stewart, earl of] Orkney, [George Seton, lord] Seton, [Andrew Leslie, earl of] Rothes, [Patrick Adamson, archbishop of] St Andrews, James Stewart, Patrick Lindsay, James [Stewart], lord Innermeath, [Sir William Murray of] Tullibardine, comptroller, Alexander [Home], commendator of Coldingham, James [Ogilvy], lord Ogilvy, [John Maxwell, lord] Herries, [Sir Lewis] Bellenden [of Auchnoull], James Haliburton, R[obert Pitcairn, commendator of] Dunfermline, Alexander Clerk [of Balbirnie], provost [of Edinburgh], [Andrew Stewart, lord] Ochiltree, [Alexander Colville, commendator of] Culross, [Alexander Campbell, bishop of] Brechin.
[1581/10/74]*[print] [email] [cite] [preceding] [following]
The which day James, earl of Arran, lord Aven and Hamilton, after the confirmation and ratification of his infeftment of the earldom of Arran and lordships of Aven and Hamilton by the king's majesty, with advice of his estates, compearing in presence of his majesty and three estates convened in this present parliament, expressed and declared how it has been murmured by the malicious report of his privy enemies that by the words of his infeftments of the said earldom and lordship and ratifications thereof, passed and approved by his majesty and the said estates, he should aspire indirectly to put himself in place of second person of succession to the crown, which he never thought nor meant; and therefore, for declaration of his part and innocence, protested solemnly that all such reports to his prejudice should be esteemed to have been spoken against the truth, and in so far as it may be imagined that he can pretend any claim or place in the succession of the crown or dignity and priority in state of parliament or council as being descended either of the male race and blood of Murdoch [Stewart], sometime duke of Albany, earl of Fife and Menteith, or as proceeded by line of the earls of Arran, lords of Hamilton, since the time that they joined with the blood royal, in respect that they, having offended in crimes of lese-majesty, have received the punishment of their offences, and besides the said present Earl of Arran utterly secluded from all possibility of succeeding to any of them by reason of blood, his own father and four sons of his elder brother living, he presently therefore renounces and discharges all such claim and place with all honour and interest whatsoever that he has or can have in the royal succession through being of the former possessors of the said earldoms and lordship (whereof he is descended) of the blood royal, excepting to him nevertheless the place, rank, honour and degree which the earls of Arran and lords of Hamilton have had in any time heretofore as earls and lords of that earldom and lordship as other noblemen and lords of parliament of their degree, but not in any respect of the conjunction of the said house of Hamilton with the blood royal or as being declared second persons and heirs apparent in the succession of the crown.
[1581/10/75]*[print] [email] [cite] [preceding] [following]
I, Master James Foulis, advocate, in name of my lord Bothwell and for his lordship, protest that if there be any infeftment or title granted by the king's majesty to any person or persons of any lands contained in his lordship's infeftment granted to him of the earldom of Bothwell and lordships of Hailes and Crichton etc., and especially to Alexander Home of Manderston, of the lands and baronies of Oldhamstocks and Whitsome, and to John [Erskine], earl of Mar and his mother, of the lands and barony of Elsrickle and Walston, with the donation of the benefice thereof, or if there be any reservation made thereof in the first or late revocations, or exception in the reservation made of the said Earl of Bothwell's infeftment in the late revocation, or if it shall happen the same to be confirmed in this present parliament, yet that the same shall be in no way prejudicial to the infeftment granted by our said sovereign lord to the said Earl of Bothwell thereupon, but that the same infeftment may be confirmed in this present parliament, as the same is granted according to our sovereign lord's good will declared therein.
[1581/10/76]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding that the market day of the town and burgh of Dalkeith has been held weekly in times bygone, past memory of man, on the Sunday, which is the Sabbath day, and now because of the reformation of the religion the people resorting thereto stops greatly the hearing of the word of God, therefore, our said sovereign lord, with advice aforesaid, has altered and changed the said market day of the said town and burgh of Dalkeith from the Sunday to be held weekly in time coming on the Thursday, and for supporting of the said town and inhabitants thereof, have affixed, assigned and granted a fair yearly to be held in the said burgh on 10 October in all times coming, with all freedoms, privileges and commodities likewise and as freely as any fair day is granted to any burgh of barony within this realm; and also decrees and declares that it shall be lawful to all our sovereign lord's lieges repairing and resorting to the House of Muir with sheep, cattle or other goods on Thursday, to bring the goods that shall remain unsold the said day thereafter on Friday to the said burgh of Dalkeith, there to be sold for furnishing of our sovereign lord's lieges, in respect of our sovereign lord's lieges own repairing and resorting thereat; and ordains letters of publication to be directed hereupon in the appropriate form.
[1581/10/77]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, ratifies and approves the infeftment made by our sovereign lord's most noble predecessor of worthy memory, King James III, after his perfect age, of the infeftment of the town of Myretoun pertaining to John Kennedy, now of Blairquhan, and to his predecessors, lying within the sheriffdom of Wigtown, erecting the said town in a free burgh of barony, and doing the same with privileges as any other free burgh in barony enjoys within this realm, according to his said infeftment granted to his predecessors thereof, and after the form and tenor of the same in all points, of the which the tenor follows:
James [III], by grace of God, king of Scots, greets all those whom this letter reaches. Be aware that on account of the gracious services given to us by our beloved and loyal John Kennedy of Blairquhan in the capture and delivery of certain rebels put to the horn by us, we have created and infefted, and by the wording of the present letter do create and infeft, the town of Myretoun, pertaining to the said John and lying within our sheriffdom of Wigtown, as a free burgh in barony in perpetuity. We have granted and by the wording of the present letter do grant to its inhabitants and to those who inhabit it in future the full and free authority to buy in that burgh wine, broad cloth, narrow cloth, linen and wool and all goods and merchandise of whatever description which come to there, with the authority and freedom to have and keep in the same burgh bakers, brewers, butchers and fishmongers, and practitioners of whatever crafts relate to the liberty of a burgh in barony or could relate to it at any time in the future. We have granted and by the wording of the present letter do grant to the burgesses and inhabitants of the said burgh of Myretoun that in the burgh they have, hold and possess a cross, and a market in perpetuity on Saturday every week, and a public fair every year in perpetuity on the eve of the festival of Saint Peter in summer [June 28], with tolls and all other freedoms and jurisdictions relating to the fair or which could validly relate in future. They are to hold and have the said burgh of Myretoun for all time in perpetuity as a pure and free burgh in barony with the foresaid jurisdictions, freedoms and concessions, and with all other freedoms, profits, advantages, easements and just pertinents whatsoever, named or not named, relating to the barony or justly relating to it in future; this as freely, quietly, fully, intactly, honourably, well and in peace, in all things and through all things, as any burgh in barony is infefted or held in times past in our kingdom, and in whatever repeal should be enacted in future, strictly prohibiting that any should presume to come to the contrary in some way, under every penalty which can be competent in this regard. In witness of this we have instructed our great seal to be applied, in Edinburgh on 10 December in the year of the Lord 1477, and in the eighteenth year of our reign.
[1581/10/78]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, has ratified, approved and confirmed and, by the tenor of the said act, ratifies, approves and confirms the charter and infeftment granted by [Mary], his highness's dearest mother, under his great seal, making, constituting and confirming the town of Portsoy in free burgh of barony, of the which charter the tenor follows:
Mary, by the grace of God, queen of Scots, gives greetings to all good men throughout her land, both clergy and laity. Be it known that, with the advice and consent of our dearest kinsman and tutor James [Hamilton], earl of Chatelherault, earl of Arran, lord Hamilton, protector and governor of our realm, for good government and edification in the town of Portsoy belonging hereditarily to Sir Walter Ogilvie of Boyne and lying next to the sea, within our sheriffdom of Banff, on account of the welcome and hospitality shown to our lieges who come to the said town by sea or land, and for the common utility, elegance and good government of our realm, and also in return for the good, loyal and gracious service given to us by the said Walter, we have made, elevated and created, and do hereby make, elevate and create the said town of Portsoy, with its pertinents, lying in the thanage of Boyne, within our said sheriffdom of Banff, into a free burgh and barony in perpetuity, with free and full power, facility and licence to the inhabitants of the said burgh, present and future, to buy and sell within it wines, wax, cloth, wool, linen both broad and narrow, and each and every kind of merchandise, and of holding and having bakers, brewers, butchers, fishmerchants, and all other trades necessarily applying to a free burgh and barony. We also grant that in the said burgh there shall be free burgesses who for all time to come will have full authority to choose bailies of the said burgh and all other officials necessary for its government, this together with the authority to the burgesses and inhabitants of the said burgh to hold and have in perpetuity in it a market cross, and a market every week on Wednesday, with a free fair on the day of St Michael the Archangel [29 September], for a week; also in terms of receiving, intromitting and disposing of all the tolls, customs and dues pertaining to a free fair or which could be considered to pertain to it in any way; also the use and benefit of all the freedoms, authorisations and jurisdictions which pertain, or could validly apply in any way by law or by the customary powers of the crown. The said town of Portsoy, with its pertinents, is to be held and had by the said Sir Walter Ogilvy of Boyne, his heirs and assignees, and the inhabitants of the said burgh, from us and our successors as a free burgh and barony with every single jurisdiction, freedom and concession as said above, in perpetuity, freely, fully, completely, honourably, well and in peace. In testimony of this, we have instructed our great seal to be applied to this present charter of ours. Witnesses were the most reverend father in Christ John [Hamilton], archbishop of St Andrews, our treasurer, our beloved kinsmen Archibald [Campbell], earl of Argyll, lord Campbell and Lorne etc., William [Ruthven], lord Ruthven, [warden] of our privy seal, our beloved familiars Masters Thomas Marjoribanks of Ratho, clerk of our rolls of registry and council, John Bellenden of Auchnoull, our justice clerk, and Alexander Livingston of Dunipace, director of our chancellery. At Edinburgh on 15 November in the year of the Lord 1550, and the eighth year of our reign.
[1581/10/79]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of parliament, understanding that the provost, bailies, council and community of the city of St Andrews and their predecessors have been in use and possession of a public fair and market, called the Seinzie Fair, beginning upon the Monday after Easter Monday yearly and continuing to the space of 15 days next thereafter, within the said city and cloister of the abbey, situated within the same, in all times bygone, past memory of man, by the which fair our said sovereign lord's lieges have great commodity both by buying and selling of all kind of wares; therefore our said sovereign lord, with advice of the three estates aforesaid, has ratified and approved and, by the tenor hereof, ratifies, approves and confirms the aforesaid privilege of the said market and fair to the said provost, bailies, council and community and their successors to be yearly held within the said cloister of the aforesaid abbey for the said space of 15 days, beginning as said is, according to the old custom and use observed thereupon of before, and to their said privilege in all points etc., and ordains letters to be directed to make publication hereof, if need be.
[1581/10/80]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding the complaint given in by the provost, bailies, council and community of the burgh of Stirling that there have been two days granted to them for holding of fairs yearly this long time past in the month of September, namely, the one being the Later Lady Day on 8 September, and the other the Rood Day, being on 14 September, being both within seven days after each other, and so being so near together and in time of harvest, so that the same has in no ways been profitable to the said burgh nor in no way can serve to their commodity in time coming, when no resort of people come thereto; therefore our said sovereign lord, with advice aforesaid, has altered and changed the said fair held of before yearly within the said burgh and freedom thereof on the said 14 September, to be held in all times coming on 22 October yearly thereafter, and the first fair used of before upon the said 8 September to stand and be used in the same sort and manner as the same was of before; and ordains letters to be directed to make publication hereof in the appropriate form at all places needful.
[1581/10/81]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding that the burgh of Auchterarder is of old erected in a free burgh regal and that the same is far distant from the sea ports and has not used fairs nor market days, the same is becoming decayed and the inhabitants thereof poor so that they are not able to maintain the civil order of a free burgh nor yet execute such justice as they might in the country about, being oppressed diverse times by broken men and rogues who make incursions and harry many country men and menace often times the inhabitants of the said town and burgh; and therefore our said sovereign lord, with advice aforesaid, for help of the commonwealth of the said burgh and support of the inhabitants thereof, has given and granted, likewise his highness, with advice aforesaid, gives and grants licence, freedom and liberty to the provost, bailies, inhabitants and community of the said burgh of Auchterarder to hold yearly a free fair and market day on 25 November, beginning the same on 25 November 1581, and to continue yearly thereafter in all times coming, declaring expressly by this act that all our sovereign lord's lieges may resort and repair thereto for buying and selling of all goods and merchandise therein, whereby the policy of the said burgh may the better increase and that the lieges also may have the better easement and subsistence for decoration of the realm; and ordains letters of publication to be directed hereupon in the appropriate form.
[1581/10/82]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, being informed by the barons, gentlemen and other inhabitants of the bounds of Glenisla, Mar and Brae of Angus and other parts adjacent thereto, and that the whole lieges dwelling within the said bounds have been and are accustomed to resort and repair at diverse and sundry times of the year to the town of Bridgend in Glentrathen for buying and selling of corns, cattle, sheep and such other necessary gear as is frequented to be sold and cost within the markets within the burghs of this realm, by the which they report as much commodity as any others of his highness's lieges, by reason the said town of Bridgend lies in the middle of the country and is most commodious and nearest to the whole inhabitants of Badenoch, Brae of Angus, Mar, Strathspey and other parts thereabouts, desiring therefore a free fair to be prescribed, appointed and assigned once in the year at the said place; wherefore our said sovereign lord, with advice of the said three estates of this present parliament, has prescribed, appointed and assigned 11 November yearly to be the fair day of the said town of Bridgend, so that our sovereign lord's lieges may resort and repair thereto for buying and selling of all goods, merchandise and others; and ordains letters to be directed hereupon for publication to be made in the said bounds in the appropriate form.
[1581/10/83]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates convened in this present parliament, ratifies and approves and, for his highness and his successors, perpetually confirms the privilege and liberty granted by his highness to his beloved Robert Dickson, upon his offer to bring in and to learn within this realm the art of the making and working of silks, to be as good and sufficient as the same is made within the countries of France or Flanders and to be sold within the same cheaper than the like silks are sold within this realm brought here or out of other countries, whereupon the said Robert must bestow great sums of money, which shall be the occasion that a great number of young and poor people shall be virtuously and honestly sustained by that occupation, and therefore giving and granting to the said Robert power, privilege and liberty to use and exercise the said art by himself and his servants and others in his name, by the space of thirty years to come, discharging all others during the said space to use or exercise the said art without his leave and goodwill first had and obtained thereto; and that the raw and unwrought silks to be brought home by him shall be custom free, with the dregs for dyeing thereof, himself to be made free burgess and guild in Perth or such other places where he shall please to plant without payment of sums of money for that, and he and his servants to be free of warding, taxations, impositions and to transport the silks wrought by him custom free, as in his said privilege at more length shall be contained, providing that he enter to his work within a year and a day after the date hereof, with 100 servants, and continue in the said work thereafter, certifying him if he does in the contrary, he shall lose his privilege.
[1581/10/84]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, has ratified, approved and confirmed, as they, by the tenor hereof, ratify, affirm and approve the commission granted and given to the chancellor, president and lords of session concerning the jurisdiction of the commissaries of this realm in all points, clauses and articles contained therein, after the form and tenor of the same, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to all his good men whom this letter reaches. Let it be known that, when [Mary], our dearest mother learned, after the restoration of religion, officialates and ecclesiastical jurisdictions in this realm of ours, that no way was open to her subjects to approach ordinary judges who could confirm charters and take cognizance in ecclesiastical cases, then, by the decision of herself and of the lords of the privy council, in place of the officialates which had been abolished, substituted in their place the jurisdictions of commissaries in this realm. This was of signal convenience and benefit to the subjects, yet, in the initial elevation of the said commissaries, certain men who were unsuited to and useless for these offices, perverted these high offices by fraud and cunning, and acquired the offices of clerks, with the authority to confirm major charters, which were reserved to the commissaries of Edinburgh, with exemption and immunity from rendering account of what proportion from the charters they had assigned in supplement of their salaries, to the lords of council. As a result, an arrangement clearly instituted by her highness was frustrated, there was a deprivation of justice, and the lords of session were frustrated of their incomes. For that reason, in December 1566 [Henry Stewart, lord Darnley], our dearest father, and mother, after consulting the lords of their privy council, in order to avoid these and other similar disasters, granted a new commission, to their loyal councillors the chancellor, president, and to other senators of the college of justice, that, whenever any commissary, his clerk, or another officer of a court died, or happened to vacate office for another reason, they propose and present in their place men fit and suitable for these offices, so our parents and their successors could make appointments to them, and should grant commissions for that purpose to men so nominated and presented by that law, while commissions or donations of the said offices impetrated or requested from [the office-holders'] successors before our session were to be ineffective, invalid and of no weight, also giving power to the said chancellor, president and the rest of the senators of abolishing, cancelling and annulling any privileges and immunities of such offices which at first were instituted in the said commissions whatsoever so to coerce and bring to order all commissaries and subjects of ours deferring to their jurisdiction as shall seem appropriate to the said chancellor, president and their colleagues, for the utility, peace and tranquillity of the subjects, just as is abundantly clear from the said commission of the date which we have mentioned above. As a result, there follows an outstanding benefit for the subjects, a widening of justice, and finally an increase for the lords of council, a singular appurtenance and income, thereby increasing some of their payments. So far, however, this ordinance labours under flaws and mistakes, which it is worthwhile to remedy and amend, chiefly because at the beginning of the said elevation and even thereafter some people acquired offices of commissaries, clerks and other minor officials of that kind, and pursued these offices for the duration of the entire span of their lives, not only for themselves but also after their death for their children and friends, to the extent that they think they have them in perpetuity and hereditarily and cannot be legally expelled or removed. From this dishonesty the most serious losses and immoderate corruptions have sprung. Another flaw and inconvenience in this is that some of the commissaries have obtained such wide commissions of their jurisdiction - with widely scattered boundaries embracing various sheriffdoms - that neither they themselves are able to keep up with and on top of their offices, nor are our subjects able to pursue justice without very serious effort and expense, and the dangers of crossing firths, rivers and estuaries, especially in comparatively minor cases, with a judge being such a long journey away from their homes, despite the fact that each province or sheriffdom has its own sheriff who can make a decision on civil disputes. Thus it is fair and in the people's interest that they should have their own commissary and ecclesiastical judge in their town, primarily and chiefly provided that he is suitable to hear ecclesiastical cases. On this account we, by the decision of the lords of our privy council not only approve, ratify and confirm the former commission granted by our dearest parents to the senators of the college of justice, and equally everything which flows therefrom or could follow afterwards, but also, further and afresh, we give, delegate and grant to the foresaid chancellor, president and their colleagues, that is all who now constitute the senate, or may do so in future, our full and complete power, authority and special mandate to summon and call to them all the commissaries of our realm, their clerks, and other minor officials of the judiciary, so that they may bring and display the provisions and donations of their offices to be seen by the senate and explored. If they have been granted either to them themselves for the entire course of their lives, or to their children, friends or others to succeed them, forthwith by decision of the said senate they are to be abolished, revoked and nullified. As a result, those who afterwards seek that kind of office shall acquire it and perform it only for as long as the senate wills it and considers them suitable for their offices and obedient to the laws and injunctions, and certainly not for any other reason. Likewise we wish, permit and instruct the said senators diligently to study and investigate the jurisdictions of the commissaries of this realm, and reduce, expand, change and separate their limits and boundaries, as shall seem to be in the interest of the people, and especially that they elevate and institute new commissaries in the towns of each province, sheriffdom or diocese, primarily and chiefly, at least those which they see to be fit and suitable. They should set out the limits of each jurisdiction and measure it up with the boundaries of the sheriffdom, or with other districts and areas for its arbitrament, as the nature of the inhabitants and of the country demands and suggests. In this matter we above all order and instruct that they take no account of commissions formerly granted by us or our predecessors, nor indeed should old rites and customs, or longstanding privileges of places and towns, remain, and they should observe all of what we, by the wording of the present document, remove, revoke and extinguish. We give clear power to the chancellor, president and their colleagues to overturn, change and annul, urging and instructing them to give concentrated and serious care to all the things we have said above, especially indeed that all commissaries, their clerks and other junior officials should annually, in the committees and conventions in Edinburgh for the rendering of accounts, be tested and examined regarding the administration of their offices, and complaints and reports regarding them should be heard and decided upon, and crimes of omission and commission should be censured and punished, whether by resignation from their offices or by the imposition of a penalty, at the decision of the senate. We instruct the senate that it should revoke, overturn and denounce as null and void in perpetuity all commissions and grantings of offices in commission if any have been granted for the span of a whole life, or for the benefit of descendants or substitutes, or by any other means other than by request and presentation on the part of the lords of council. Accordingly all the commissaries and their clerks and junior officials should seek new appointments and commissions, lasting as long as the senate wills and approves their administration. Finally the senate should diminish, extend, change and fix the boundaries of jurisdictions and the actual seats of commissaries as shall seem to be of use and expedient in light of the decision of the lords of council, for the convenience of the people and the preservation of justice in this realm. Accordingly they should be willing to render account of these things to us. We instruct that this be done and promise that this commission of ours granted to the college of justice is to be approved and confirmed and ratified by the authority of our next parliament. Given under testimony of our great seal at Dalkeith on 12 July in the year of the Lord 1581 and in the fourteenth year of our reign.
[1581/10/85]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament ratify and approve the letter of tack and assedation made by [Henry Stewart, lord Darnley], our sovereign lord's late dearest father, and [Mary], dearest mother, to Master William Baillie, lord Provand, president of the college of justice, his heirs and assignees, of all and whole the third of the parsonage of Glasgow, as well teind sheaves thereof as other fruits and emoluments belonging thereto, and specially the teind sheaves of all and whole the lands of Provand, with the continents, lying within the barony of Glasgow and sheriffdom of Lanark, for the yearly payment and duty thereof of the sum of £88 18s money of this realm, according to the said letter of tack in all points, of the date 28 January 1565 [1566], with the two several confirmations granted by our sovereign lord thereupon, the one of the date the [...] day of [...], the year of God 15[...] years, and the other of the date the [...] day of [...], the year of God 15[...] years, together also with the new nineteen year tack set by Master Archibald Douglas, late parson of the said parsonage, to the said Master William, his heirs and assignees, of all and whole the third of the said parsonage, in the which are comprehended the teind sheaves of the lands of Provand, being the patrimony of his own benefice, and also the teinds of the lands of Over Carntoun, Nether Carntoun, Kendie Hill, Haghill, Dalbeath and middle quarter of Shettleston, with their pertinents, whereof the said Master William has been in use and possession by reason of his former tacks in all points, clauses and articles contained therein, of the date the [...] day of [...], the year of God 15[...] years, and decree and declare the said Master William to use and enjoy the third of the said parsonage, with the teind sheaves particularly above-written, according to his said rights and titles respectively above-specified during the years contained therein; and ordain letters to be directed hereupon, if need be, in the appropriate form.
[1581/10/86]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the three estates convened in this present parliament, ratifies and approves the heritable infeftment of feu ferm made to Captain Thomas Crawford of Jordanhill by Master Archibald Douglas, sometime parson of Glasgow, with consent of the dean, canons and chapter of the metropolitan kirk thereof, of all and whole the lodging and manse, with the yard thereof pertaining to the said parsonage, lying within the city of Glasgow, of the date 20 October 1571, together with the confirmation of our sovereign lord passed upon his charter and infeftment under his highness's great seal, of the date 21 May 1572, in all points, passes, clauses and articles specified therein, so that the said Captain Thomas may peaceably use and enjoy the said lodging and manse, with the yard thereof, likewise and as lawfully and freely as if the said Master Archibald had in no way been declared culpable of the crime above-written, notwithstanding whatsoever acts of parliaments, whereupon, in this case, his highness, with advice of his said estates, dispenses for ever.
[1581/10/87]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty, in presence of his three estates convened in this present parliament, presented his revocation underwritten, subscribed with his hand, desiring the same to be ratified and approved and the same to have the strength and effect of an act of parliament in time coming, and his said estates to interpose their authority to the same; the which desire the said estates thought reasonable, and have ratified and approved and, by the tenor hereof, ratify, approve and confirm his highness's revocation aforesaid, and have ordained and ordain the same revocations to be inserted and registered in the books of parliament, and the same to be of as great strength, value, force and effect in all time coming as any revocations made by his highness's predecessors, kings or queens of this realm, in any time past in their less age, before their complete and perfect age, and have interposed and interpose their authority to the same, according to the said revocations, of the which the tenor follows:
We, James, by the grace of God, king of Scots, having now the full administration and ruling of our realm in our own hands, and having consideration that by the privilege of the common law, as also that our most noble progenitors, kings of Scotland of good memory, by their acts and statutes made in their parliaments, have revoked, abrogated and annulled all things done by them in their minority and less age in hurt and detriment of their conscience and crown, lands, rooms, possessions or otherwise pertaining to the same, whereby they were damaged and hurt by alienations, donations, presentations, sales or by any other disposition whatsoever, therefore now, we, having completed the 14th year of our age, revokes as after follows. First, we revoke, abrogate and annul all manner of infeftments and dispositions whatsoever we or our regents have made during the time that we or they had regiment of our realm in our or their hands, and all other things that have been done in hurt and detriment of our said crown, lands, rents, rooms, possessions, patronages of benefices and offices pertaining to the same; and especially we revoke, abrogate and annul all infeftments, donations, alienations and other dispositions made by us, with advice of our said regents, or by them in our name, or by us since the acceptance of the regiment upon ourself in any manner of way, in free ferm, freehold or long tacks of any lands, lordships, rooms, possessions, customs, annualrents, fishings, burgh mails, castle wards or other things whatsoever annexed to our crown or any part of the same, whether the same has been given by [Mary], our dearest mother, or by us to any person or persons contrary to the acts made thereupon, to be reduced to us again and to our crown by virtue of the statutes made thereupon, annexations and after the form of the same. Item, we revoke all alienations and dispositions whatsoever of any rents, lands, rooms, possessions and heritages annexed to the principality and to the prince, second person of our realm, made by us in manner aforesaid. Item, we revoke all donations, alienations, feu ferms, gifts and dispositions whatsoever in liferent or otherwise made in our minority, of whatsoever lands, rents, annualrents or other revenues that our said dearest mother had in her possession the time that she demitted the crown in our favour, by gift and otherwise, and of all offices, such as chamberlains, bailiaries and customs officers made for more years than from an exchequer, until the account be made in the next exchequer after following, and of all tacks and assedations made for longer terms than five years. Item, we revoke all tailzies made from the heirs in general to the male heirs of any lands, rooms and possessions within our realm against the law and good conscience. Item, we revoke all new infeftments of lands, rooms and possessions given in blench ferm that were held of us of before by service of ward and relief. Item, we revoke all regalities, confirmations of regalities and of all offices given by us in heritage or by our said dearest mother against the acts and statutes that no regalities should be given in heritage without the advice of the whole parliament. Item, we revoke all manner of alienations by infeftment and otherwise made or granted of any heritage in our minority that comes lawfully in our hands by reason of forfeiture, bastardy or any other right and all liferents given thereof in our minority. Item, we revoke all new creations of lands in baronies, annexations and unions of diverse lands in fee, in prejudice of our due service owed to us and our most noble progenitors of before, and likewise we revoke all discharges of services of suits of courts owing and owed to our progenitors aforesaid. Item, we revoke all new infeftments given of creation of lands in baronies and lordships annexed to our crown. Item, we revoke all gifts and confirmations passed by us of whatsoever lands and heritages by false suggestion, by stating of false cause, where if they had been stated a true cause and the verity we had not given the same and thereby we are greatly and enormously hurt. Item, we revoke all infeftments in fee or liferent, gifts and dispositions whatsoever made by our dearest mother, by our regents or any of them, or by ourself since the acceptance of the regiment of our realm in our own person, of all our hospitals and maison-dieus, lands or rents appertaining thereto, in hurt or prejudice of us, our conscience or crown, to the end the said hospitals may be reduced to their former institution for the upholding of the poor; and generally we revoke, abrogate and annul all and whatsoever things done [by]† us in our minority and less age in hurt and detriment of our soul and conscience, hurting of the privilege of our crown, prejudicial to the same and to us and our patrimony thereof, and all and sundry other things that the law and custom of this our realm leaves us to revoke; and also will and declare that this, our revocation, extend to all things as well not specified as specified therein which pertain to us and our said crown, by demission of our said dearest mother, and to be extended from her demission in all things aforesaid to us and our behove, as largely as the revocation made by our said dearest mother might be extended to from the decease of our most noble grandfather and great-grandfather, King James V and King James IV, to the times, days and date of their revocations respectively; and as the revocation made in King James II's time might be extended to from the decease of our most noble progenitor King James I to the making thereof, protesting that albeit we, of our favour and benevolence, suffer any person or persons to use, possess or enjoy any privileges, possessions of rooms, lands, offices or of any other thing whatsoever falling under this our revocation, it shall make no right to the users, holders and possessors thereof, but it shall be lawful to us to put our hands thereto when we please, without any contradiction, and that by virtue of this our revocation, acts and constitutions of our realm made of before.
The revocation of the casualties
We, James, by the grace of God, king of Scots, considering the present estate of our casualties daily given and conveyed through inopportune askers, in such excessive manner that it is difficult to maintain the daily and ordinary expenses of our estate and crown, howbeit the occasion of charges hereupon continually increases, and we and our estate, considering that our casualties ought not to be so inordinately and inconsiderately conveyed at the inopportune suit of all askers, but our commodity made thereof, and such discretion had in the disposition of the same as we may conveniently live on our own, therefore we, by the advice of our said estates and whole body of this present parliament, revoke, rescind, abrogate, annul and discharge all gifts of fees, pensions, wages, livings and dispositions out of our casualties and coffers given by us, with advice of our regents for the time, or by ourself, since the acceptance of the government of our realm in our own person, declaring the same to be null and of no value, force nor effect in time coming, discharging our treasurer present and to come of all payment making of the said fees, pensions, wages, livings and other things appointed to be paid out of casualties of the term of Martinmas [11 November] 1581, or thereafter in time coming, until they have our new and special warrant and direction to be granted, with advice of our council, upon good and necessary consideration, after the date hereof.
The revocation of the collectory
We, James, by the grace of God, king of Scots, understanding how the thirds of benefices within our realm were first assumed and taken up for sustenance of the ministry and to support the prince, to maintain and set forward the common affairs of the country, and how thereafter, by act of parliament, it was provided that the whole thirds of the whole benefices within our realm should be first paid to the ministers of the evangel and their successors, providing always that the collectors of the said ministers should make yearly account in the exchequer of their intromission, so that the ministers, being first paid of their stipends appertaining to every one of them, the rest and surplus should be employed to our use; which order continued until certain abuses and corruptions being considered and espied in the collectors for the time, upon the suit of the said ministers, certain assignations made to them of their livings and stipends in the places most near and commodious to their residence, it being always meant and intended that when God should raise up more qualified persons and godly ministers, they should be planted in the places found most convenient for them, and whatever should be assigned in the said stipends, that the collector general of the surplus should utterly desist from further craving intromission or taking up of the same of any terms after the said assignation; and albeit the surplus of the said thirds, in addition than the ordinary assignations of the stipends of the ministry, contained in the yearly book of modification, ought to serve for the stipends of such qualified persons as God shall raise up from time to time, worthy to be admitted in the function of the ministry, and to support the prince, to maintain and set forward the public affairs of the country, nevertheless, through the inopportune suit of sundry persons more respecting their own particular profit than either the sustenance of the ministry or our honourable estate and commonwealth of our realm, we, by advice of our regents in our minority, and partly by ourself since we accepted the government of our realm in our own person, have been moved to make disposition of the said surplus in pension or to discharge or give the same free to some persons, through which there remains little or nothing to be conveyed, either to be modified, assigned and appointed in livings and stipends to such qualified persons as God shall raise up hereafter suitable to enter in the function of the ministry or to supply the public and needful affairs of our estate. Which being diligently and with good deliberation advised upon by us and our three estates in parliament, it is found by them that the said surplus of the said thirds of benefices, being assumed and taken in our hands for the causes and affairs before specified, ought not, nor might not, be conveyed nor given otherwise, but applied to the same use that they were ordained and applied to at the beginning; and therefore we, with advice of our three estates and whole body of this present parliament, revoke, rescind, abrogate and annul and discharge all the said gifts, fees or free dispositions out of the said thirds of benefices and collectory in pension or freely discharged or of the surplus and omitted of any benefices or of any common kirks or lands within our realm given by [Mary], the queen, our dearest mother, or by us, with advice of our regents for the time, or by ourself since the acceptance of the government in our own person, together with all tacks and assedations set by us, our said dearest mother, or regents of the said common kirks, declaring and decreeing the same to be null and of no value, force nor effect in time coming; and ordain the collector general of the said surplus, by himself, his servants and officers in his name, to ask, crave, receive, intromit and take up his whole surplus to the use and effect before specified of the crop of 1581 instant, Whitsunday [May/June] and Martinmas [11 November] terms of the same, and in time coming, without respect of any gift of pension set or free discharge of any part of the said collectory granted in any time bygone preceding the date hereof; and that letters be directed to officers of arms, sheriffs in that part, to make publication and intimation hereof by open proclamation at the market crosses of the head burghs of our realm and other places needful, that none pretend ignorance of the same, inhibiting all and sundry our lieges that none of them take upon hand to answer, obey and make payment of any manner of pension given forth of the said collectory or any part thereof to any person or persons claiming the same by any gift, fee or freely discharged as said is, but to answer the said collector or his deputes thereof, notwithstanding any gifts, decreets or letters obtained thereupon in time bygone. Excepting and reserving always out of these our revocations all infeftments, presentations, gifts and dispositions made by us to our dearest cousin, Esme [Stewart], duke of Lennox, earl of Darnley, lord d'Aubigny, Tarbolton and Dalkeith, etc., and to James [Stewart], earl of Arran, lord Aven and Hamilton, and either of them, of whatsoever lands, lordships, offices, honours, tacks, possessions, goods, gear and others whatsoever in any time past, preceding the date hereof, which we will not shall be comprehended under our said revocation, nor that the same revocation shall extend to them, nor to any infeftments or presentations of whatsoever lands and possessions and infeftments following thereupon, granted to our familiar and domestic servants in reward of their service, as fallen in our hands through forfeitures led against whatsoever persons, heritors thereof, for the crimes of treason and lese-majesty committed by them since our coronation; nor to the infeftments made by us to Master James Crichton, son to our well beloved clerk and councillor, Master Robert Crichton of Eliock, our advocate, of the lands of Catslack, Easter and Wester Mountbenger and Schuttingleis, lying in the lordship of Ettrick Forest, within our sheriffdom of Selkirk; nor to the infeftment granted to Captain James Fraser of the lands of Lugton; nor to the infeftment made to John [Erskine], earl of Mar and his spouse of the lands of Elsrickle and Walston; nor to the infeftment made to our right trusty cousin and councillor William [Ruthven], earl of Gowrie, lord Ruthven and Dirleton, our treasurer, of the lands of the third of Bolton; nor to the infeftment made to Alexander Home of Manderston and Alexander Home of Snuke, knight, his son and apparent heir, of the lands of Oldhamstocks and Whitsome; nor to the gift and disposition made by our said dearest mother to our right trusty cousin Robert [Stewart], earl of Orkney and his heirs, of the lands of the property of the lordship of Orkney; nor to the gift and disposition made by our said dearest mother to Harry Stewart, son and apparent heir to the said Robert, earl of Orkney, Marie Stewart, Jane Stewart, sisters lawful to the said Harry, Robert Stewart, James Stewart, sons natural to the said earl, for all the days of their lifetimes of the thirds of benefice of the abbey of Holyroodhouse; nor to the infeftment made by us to our right trusty cousin John [Maxwell], earl of Morton, of the lands of the earldom of Morton and other lands contained in the said infeftment; nor to the tacks made to our trusty and well beloved councillor Robert [Pitcairn], commendator of Dunfermline, our secretary, of the victuals of the third of the abbey of Dunfermline, set to him for certain yearly duty in money, as the same at more length purports. As also we declare, with advice aforesaid, that our said revocation shall not extend against Alexander [Colville], commendator of Culross, touching any further payment for the third of the abbey of Culross than 500 merks yearly, according to the act of secret council passed thereupon on 20 January 1573 [1574]; nor to the gift of pension granted by the queen, our dearest mother, and confirmed by ourself to Robert Melville of Murdocairnie, of the sum of £500 of our realm; nor to the gift of pension granted by us to our well beloved Master Gilbert Skene, our mediciner, of the sum of £200 money of our realm; nor to any infeftments, presentations, gifts or other dispositions made and granted by us or our regents in our minority whereupon we, with advice of our estates, have granted ratifications and confirmations in this our present parliament; nor to such things as shall be specially contained in a warrant subscribed with our own hand only and delivered to our clerk register between now and 1 January 1582, to be inserted in the books of our parliament with our present revocations, under the which we will not the same to be comprehended, but to stand in force and effect as if the said revocations had not been made.
Rex.
Clerk of our register: it is our will and we command you that the pensions and other things following be reserved and excepted out of our revocations and inserted in the books of our parliament with the same revocations, under the which we will not that the same shall be comprehended but to stand in force and effect as if the same revocations had not been made. Subscribed with our hand at Holyroodhouse, 29 November 1581, and of our reign the 15th year. It is thus subscribed, James Rex.
Excepting and reserving always out of these our revocations the gift and seal granted by us to our well beloved servant Gilbert Primrose, burgess of Edinburgh, our surgeon, for all the days of his lifetime, of the sum of £200 money of our realm, to be paid to him yearly at two terms in the year, Whitsunday and Martinmas in winter, by equal portions, out of the readiest of our customs of the tron of Edinburgh, by our comptroller and customs officers thereof present and to come, as in our said gift of the date 1 June 1578 at more length is contained, declaring, with advice aforesaid, that the said pension shall not be comprehended under our said revocation, nor that the said revocation shall extend to the same, but to stand in force and effect as if the said revocation had not been made. Nor to the infeftment made and given by the queen, our dearest mother, to the late John Semple of Beltrees and Marie Livingstone, his spouse, of all and whole the town and lands of Auchtermuchty, with mill, multures, feu ferms and pertinents, lying within our sheriffdom of Fife, and others specified in the said infeftment; and for the said Marie's security thereof, during her own life only, as in the same at more length is contained; reserving always to us, of the said Marie's consent, six chalders of oats, with the whole poultry, fowls and geese, with all their kanes to be uplifted yearly by our comptroller, his factors and servants in his name, out of the said town and lands of Auchtermuchty, providing always that after the said Marie's decease this act shall not prejudice us of our right and title to the said town and lands, with mills, multures and pertinents thereof. Nor to the gift granted by the queen, our dearest mother, to our well beloved Master John Stewart, of the office of chamberlain of the lordship of Dunbar, with an yearly fee of forty bolls of victual, wheat and barley to be paid of the readiest ferms of the said lordship. Nor to the gift of pension of £100 money of our realm, granted by the queen, our dearest mother, at her perfect age, and ratified and approved by ourself since, to our well beloved servant James Melville, son to the late James Melville of Raith, knight, for all the days of his lifetime, to be paid to him at two terms in the year, Whitsunday and Martinmas, by even portions, out of the readiest of our property or thirds of benefices, as our letters of ratification under our privy seal made to him thereupon, of the date at Edinburgh, 22 July 15[...], at more length bears. Nor to the pension of 500 merks granted by the queen, our dearest mother, to the said James Melville, for all the days of his lifetime, to be paid to him of the readiest of the customs of the tron of our burgh of Edinburgh as our† said gift made to him thereupon, of the date at Edinburgh Castle, 16 April 1566, at more length purports. Nor to the pension of one chalder of malt and 20 bolls of barley granted by the queen, our dearest mother, to the late James MacKieson and Janet MacGee, his spouse, the longest living of them two for all the days of their lifetime, to be paid to them yearly as follows, namely, the said one chalder of malt out of the readiest ferms of the lands of Blairlogie, and the said 20 bolls of barley out of the readiest ferms of the Newton of the Kerse of Bothkennar, lying within the lordship of Stirlingshire, as in the said gift of the date at Holyroodhouse, 11 December 1561, at more length is contained. Nor to the gift and pension granted by us, with advice of our late dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley, regent to us, our realm and lieges for the time, to our well beloved servant Michael Gardiner, master gunner in our castle of Stirling, for all the days of his life, of one chalder of wheat and one chalder of barley, with £3 16s money, and that of the readiest mails and ferms of our lordship of Stirlingshire, and specially assigning the same to be paid out of the readiest mails and ferms of the lands of the manor, as in our said gift of the date at Stirling, 15 June 1571, at more length is contained. Nor to the gift of pension granted by us to our right trusty cousin John [Erskine], earl of Mar, lord Erskine, of our feu mails of our lordships of Brechin and Menteith. Nor to the gift of pension granted by us to our well beloved Annabella [Murray], countess of Mar, for all the days of her lifetime, and after her decease to John, earl of Mar, her son, for all the days of his lifetime, of £500 money of our realm, to be taken up yearly of the readiest feu mails of our lordship of Strathearn, and the sum of £600 pounds money of our realm to be taken up yearly of the first and readiest of the third of the money of the bishopric of St Andrews, together with seven chalders of victual, wheat, barley and malt, to be taken up yearly as follows, to wit, out of Inverallan one chalder of wheat, of Blairlogie one chalder of wheat, of Bothkennar eight bolls of wheat, of Greenyards eight bolls of malt, of the mains of Bothkennar one chalder, three bolls of barley, and of the Grange of Bothkennar, two chalders, 13 bolls of barley, as at more length is contained in the said gift. Nor to the infeftment made by us to our beloved William Bonkle, burgess of Dunbar, of the firth of Dunbar, as in the same at more length is contained. Nor to the gift of pension granted by the queen, our dearest mother, at her perfect age, to John Kemp during all the days of his lifetime of three chalders, 12 bolls of wheat, three chalders, 12 bolls of barley, two chalders of oats and £8 11s 8d money; to be taken up yearly out of the readiest mails and lands of Cornton lying within the lordship of Stirlingshire, as in the same gift at more length is contained. Nor to the gift and pension granted by us to our well beloved Master John Spottiswood, parson of Calder, and failing of him by decease, to James Spottiswood, his son, for the space of three years next after their entry thereto, which was at the feast of Whitsunday [14 May] in 1580, of seven chalders, five bolls, two pecks, two parts peck of meal, four bolls, two part boll of wheat, and £45 9s 6d money yearly, to be uplifted and taken of the readiest of the fruits, rents, profits and duties of the third of the abbey of Deer, as at more length is contained within the said gift. Nor to the letter of tack, set by us, with advice of the lords of our secret council and of our collector general, to our well beloved George [Douglas], bishop of Moray for all the days of his lifetime, of all and whole the third of the profit, casualties and duties whatsoever pertaining and belonging to the said bishopric of Moray, and patrimony thereof, wherever the same lies not assigned to the ministry, and that for the yearly payment of the sum of 300 merks money of our realm to us and to our said collector general in our name, as in the said letter of tack of the date at our castle of Stirling, 7 March 1579 [1580], at more length is contained. Nor to the gift and pension of 200 merks granted by us to our beloved Patrick Fielder, writer, assigned and paid to him out of the third and surplus of the bishopric of Aberdeen, specially of the feu mails of the half nets fishing upon the water of Don and Dee, for all the days of his lifetime, as in our said gift of the date at Alloway, 13 August 1580, at more length is contained. Nor to the gift and pension granted by us to our daily servant John Andrew, clerk of our privy council, of the sum of 200 merks money of this realm, assigned to be paid to him yearly during all the days of his lifetime out of the third of the abbey of Kinloss, as in the said gift at more length is contained. Nor to the pension granted by us to our well beloved James Meldrum, fiar of Seggie, one of the senators of our college of justice, of three chalders of barley, seven chalders of wheat, nine bolls of meal and a chalder of oats, out of the surplus of the third of the victual of our abbey of Haddington, assumed upon the teind sheaves of the kirk of Crail, together with six chalders of oats out of the readiest of the surplus of the thirds of the bishopric of St Andrews in addition to the sustenance of the ministry assumed upon the teind sheaves of the lands of Byrehills, and with four chalders of barley of the readiest of the third of the bishopric of Dunkeld, assumed upon the kirk of Cargill pertaining to the said bishopric, beginning the first term's payment thereof of the crop of 1581, and likewise yearly and termly in time coming during his lifetime, according to our gift made to him thereupon of the date at Holyroodhouse, 26 August 1581. Nor to the gift of pension granted by us to our right trusty cousin and councillor John [Stewart], earl of Atholl, lord of Balvenie, of eight chalders, six bolls, three pecks, two parts peck of victual, together with eight chalders, eight bolls of horses corn resting unassigned or conveyed to the ministry or otherwise of the third of our abbey of Cupar, to be taken up by him yearly of the same third, as in our said gift at more length is contained. Nor to the gift of pension granted by us to our beloved master Robert Lockhart, during all the days of his lifetime, of the sum of £100 money of our realm, to be paid to him yearly out of the surplus of the third of the money of our abbey of Pittenweem, as in our said gift of the date at our castle of Stirling, 23 February 1578 [1579], at more length is contained. Nor to the gift of pension granted to Beatrix Livingstone, spouse to the said Master Robert Lockhart, for all the days of her lifetime, of the sum of 40 merks money aforesaid, to be paid to her yearly out of the readiest of the said surplus of the third of the money of the abbey of Pittenweem. Nor to the gift of pension granted by us to our well beloved servant, Alexander Young, one of the usher deputes of our chamber, for all the days of his lifetime, of four chalders, four bolls, three firlots of oats, with four dozen and eight salmon, to be paid to him out of the third and surplus of the bishopric of Glasgow, as in our said gift made to him thereupon of the date at Holyroodhouse, 28 December 1580, at more length is contained. Nor to the gift of pension granted by us, with advice of our regent for the time, to our well beloved councillor Master William Baillie, lord Provand, president of our college of justice, for all the days of his life, of the sum of £100 money of our realm, to be paid to him yearly out of the readiest of the surplus of the thirds of benefices within our realm not assigned to the sustenance of our ministry, as in our said gift of the date at Holyroodhouse, 26 January 1576 [1577], at more length is contained. Nor to the gift of pension granted by us, with advice of the lords of our secret council, to our trusty cousin Henry [Stewart], lord Methven, son and heir of our right trusty cousin Henry [Stewart], lord Methven, who deceased actually in our service, of the whole third, both of money and victual, of the provostry of Methven, extending to ten chalders of victual, two parts barley and two parts meal, and £39 2s 2d money, as in our said gift of the date at Dalkeith, 16 June 1581, at more length is contained. Nor to the gift of pension granted by us to Master John Nicolson, collector, clerk, out of the lands of Middledrames, as at more length is contained in our said gift. Nor to the gift of pension granted by us to our well beloved Captain Thomas Crawford of Jordanhill, for all the days of his lifetime, of the sum of £100 money of our realm, to be paid to him out of the readiest and best payment of the surplus of thirds of benefices within our realm not assigned to the sustenance of the ministry, as in our said gift of the date at Holyroodhouse, 18 February, at more length is contained. Nor to the gift of pension granted by us, with advice of the late John [Erskine], earl of Mar, lord Erskine, regent to us, our realm and lieges for the time, to Daniel Crawford, son to the said Thomas Crawford, of the sum of 40 merks money of our realm, to be taken up by him yearly of the canon lands of Glasgow, out of the parishes of Largs and Dalry, as our said gift of the date at Leith, 11 January 1571 [1572], at more length purports. Nor to the gift of pension granted by us to our well beloved Captain David Murray and Janet Wemyss, his spouse, of the sum of £200 pounds money of our realm, to be paid to them yearly out of the surplus of the third of our abbey of Lindores, as in our said gift at more length is contained. Nor to the gift of pension granted by us to Jane Ruthven, widow of the late Adam Stewart, prior of the Charterhouse, for all the days of her lifetime, of six chalders, five bolls, one firlot of oats and £100 of money, to be paid to her as after follows, namely, the said six chalders, five bolls and one firlot of oats out of the third of the priory of Charterhouse and the said £100 out of the readiest of the surplus of the thirds of benefices, as in our said gift of the date at Stirling Castle, 11 April 1580, at more length is contained. Nor to the infeftment granted by us, with advice of our regent for the time, to James Hector, of all and whole the half lands of Garvat, with the pertinents, which pertained to the late William Maitland, sometime of Lethington, younger, and through his forfeiture coming in our hands, as in the said infeftment at more length is contained.
[1581/10/88]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves the letter of assignation underwritten made and granted by our said sovereign lord to his dearest cousin and councillor Esme [Stewart], duke of Lennox, earl of Darnley, lord Dalkeith, Tarbolton, and d'Aubigny, etc., high and great chamberlain of this realm, making and constituting him and his heirs his highness's very lawful and undoubted cessioners and assignees in and to certain particular reversions mentioned in the assignation underwritten, and also in and to all and sundry other reversions, obligations, contracts and bonds for making and delivering of reversions for redemption of whatsoever lands and heritages pertaining to the house of Lennox, of before made by whatsoever person or persons to [Matthew Stewart, earl of Lennox], our said sovereign lord's dearest grandfather, or his predecessors, earls of Lennox, and lords and earls of the said lands likewise and in the same manner as they were expressly specified and contained in the said assignation and in the redemption of the lands contained therein, by virtue thereof, after the form and tenor of the said assignation in all points, of the which the tenor follows:
James, by the grace of God, king of Scots, to all and sundry our lieges, to whose knowledge this letter shall come, greeting. Forasmuch as we, having consideration that the earldom of Lennox, lordship and lands of the same, with tenants, tenantries and service of free tenants thereof, advocation, donation and right of patronage of the provostry of the college kirk of Dumbarton, prebendars of the same and all other kirks and chaplainries of the said earldom, the office of the sheriff of the whole sheriffdom of Dunbarton, together with the lordship of Darnley and other lands and baronies which pertain heritably to our most noble progenitors, earls of Lennox, and possessed by them most honourably, and that they have been very necessary, true and profitable servants in all ages and frequent lieutenants to our predecessor kings of this realm and commonwealth thereof, and last possessed by the late Matthew [Stewart], earl of Lennox, lord Darnley, etc., his majesty's grandfather, tutor and regent to our realm and lieges for the time, by whose decease and also by the decease of his highness's late dearest father, Henry [Stewart], king of Scots, the said earldom and lands thereof, with the office and commodities above-specified, are now come and pertain to us as heir to our said late grandfather and father, and that the noble, ancient and faithful name of the said house, together with the profitable and necessary service thereof to the crown and republic of our realm will cease, if remedy be not provided thereof. And to the effect that the noble fame and memory of the said house may continue, the profit and commodity of the friends and dependants thereof, we, minding to restore the said house to such estate as it has been before, rather than to consolidate the revenue thereof to the patrimony of our crown, have, with advice and consent of the lords of our secret council, upon mature deliberation had in the matter, and for love and affection that we have and bear to our dearest and lawful cousin Esme Stewart, lord d'Aubigny, nearest of kin, to succeed to the said earldom of Lennox, lands, living and lordship thereof, who is coming out of the realm of France honourably accompanied, to his great expense, beside the hazard of his life, only to know of our welfare and to attend upon our service, given, granted and conveyed to our said dearest cousin the said earldom and lordship, with all and sundry lands, lordships and offices which pertain to our said late dearest grandfather and our predecessors, as the infeftments thereof purport. And seeing that a great part of the property of the said lands are alienated to diverse persons under reversions for redeeming of the same, so that the profit thereof is and will be but small until the same be redeemed, therefore we, with advice and consent of the lords of our secret council, make, constitute and ordain, and by the tenor hereof, have made, constituted and ordained our said cousin Esme Stewart, lord d'Aubigny and his male heirs, lawfully procreated or to be procreated of his body; which failing, to us and our successors, to return our very lawful, undoubted and irrevocable only cessioners and assignees in and to the reversions particularly after-specified, made for redemption of the lands nominated therein and to the redemption of the same by virtue thereof: that is to say, a reversion made by Patrick Napier of Kilmahew to the late Matthew, earl of Lennox, for redemption of the town and lands of Inchinnan, containing therein the sum of 1,400 merks money, of the date at Houston, 5 April 1567; the reversion made by the said Patrick Napier and Katherine Noble, his spouse, by the said earl of the lands called the easter half of the Mains of Inchinnan, containing the sum of 900 merks, of the date at Kirkmahew, 6 July 1570; a reversion made by John Cunningham of Drumquhassle to the said late earl of all and whole the forty shilling land of Dormondside, containing the sum of 200 merks money, of the date at Glasgow, 13 May 1567; a reversion made by Annabella Campbell, lady of Auchinleck, to John, earl of Lennox, of the lands of the mill of Tarbolton and other lands contained therein, containing the sum of 500 merks, of the date at Edinburgh, 15 February 1515 [1516]; a reversion made by Master John Porterfield of that Ilk, and Jean Knock, his spouse, to Matthew, earl of Lennox, of the lands of the mains of Darnley and Netherton, containing the sum £600, of the date at Glasgow, 12 July 1570; a reversion made by William Edmonstone of Duntreath to the said late Matthew, earl of Lennox, of the lands of Balloch, with the mill thereof, containing the sum of 1,000 merks, of the date at Glasgow, 20 January 1566 [1567]; a reversion made by James Galbraith of Culcreuch to Matthew, earl of Lennox, of the friar lands of Fintry, containing the sum of 800 merks, of the date at Glasgow the [...] day of [...] 1570; a reversion made by John Semple of Fulwood to John, earl of Lennox, of the lands of commonside and new ward of Inchinnan, containing the sum of £72, of the date at Inchinnan, on 12 October 1523; a reversion made by Patrick Denniston of Dalmair and Catherine Colquhoun, his spouse, to Matthew, earl of Lennox, of the lands of two Tullychquhonis, containing the sum of 380 merks, of the date at Dumbarton, 19 July 1543; a reversion made by Walter Douglas of Kaistoun and Elizabeth Maxwell, his spouse, to the said Matthew, earl of Lennox, of the lands of the mains of Crookston, containing the sum of 500 merks, of the date at Linlithgow, 1 August 1570; a reversion made by Thomas Crawford of Jordanhill to Matthew, earl of Lennox, of the forty shilling land of the grange and new mains of Inchinnan, containing the sum of 300 merks, of the date at Houston, 21 April 1567; a reversion made by Margaret Cunningham, lady Craigends, to Matthew, earl of Lennox, of the lands of Greensidehaugh, containing the sum of 400 merks, of the date at Glasgow, 14 July 1570; a reversion made by Mungo Lindsay of Bonhill to the said Matthew, earl of Lennox, of the lands of Tulliquhonelindsay, containing the sum of 140 merks, of the date at Dumbarton, 19 July 1543; a reversion made by Robert [Lyle], lord Lyle to John, lord Darnley, his heirs of line or tailzie and their heirs or assignees, of all and whole the lands of Lonebank, Heukheid, Rylands, Falhoip, with common pasture in the hill of Drumclog, with their pertinents, lying within the barony of Strathaven and sheriffdom of Lanark, with the annualrent of one chalder of meal yearly to be uplifted of the mains of Inchinnan, according to an appointment contained in the said reversion, containing the sum of 1,200 merks, of the date 14 December 1571; a reversion made by Robert Lekprevick, son to the late Robert Lekprevick, to Matthew, earl of Lennox, of the half of his lands of Kendisheid, extending to a thirteen shilling land of old extent, with the pertinents, lying within the sheriffdom of Renfrew and lordship of Darnley, containing the sum of 80 merks, to be delivered in the kirk of Paisley, of the date 30 April 1504; a reversion made by James Hamilton of Shawfield to the said Matthew, earl of Lennox, lord Darnley, etc., for redemption of a fourth part of all and whole the lands of Linbank, with the pertinents, lying within the west bank end of the same, in the lordship of [...], barony of Strathaven and sheriffdom of Lanark, containing therein the sum of 65 merks, of the date at [...] the [...] day of [...] the year of God [...]; a reversion made by Master John Campbell, treasurer to the late King James V of good memory, to John, earl of Lennox, lord Darnley, of all and whole the ten pound land of Craigthrostane, with the pertinents, lying in the earldom of Lennox, containing the sum of 300 merks, of the date 6 May 1573; a reversion made by Matthew Wallace of Craigie to Matthew, earl of Lennox, of the lands of Linbank, with the pertinents, containing the sum of 300 merks, under the said Matthew's seal and subscription, of the date 24 September 1598†; a reversion made by Robert Crichton of Kinnoul, son to Robert Crichton of Sanquhar, to John, lord Darnley of the lands called Meikle Kip, given in name of tocher with Marion Stewart, daughter to the said lord, upon the sum of 500 merks, lying in the barony of Strathaven and sheriffdom of Lanark, of the date 5 June 1572; a reversion made by Archibald [Campbell], earl of Argyll, etc., to Matthew, earl of Lennox, of all and whole the lands of Gairlochead, extending to forty merk land of old extent, with the pertinents, containing the sum of 200 merks, with a letter of tack, etc., under his seal and subscription, of the date the [...] day of [...] 1509; a reversion made by Isobel Maxwell, lady Porterfield, under her seal and subscription, to John, earl of Lennox, lord Darnley, of the lands of Roseisle in Inchinnan, containing the sum of 100 merks, of the date 28 April 1550; a reversion made by James Stewart of Neilstonside to Matthew, earl of Lennox, of the third of the lands of Funningisneilstoun, upon the sum of 1,200 merks money, of the date 4 June 1504; a reversion made by Andrew Lindsay of Thornton and Janet Pollock, his spouse, to John, earl of Lennox, lord Darnley, for redemption of the five merk land of old extent of Over Darnley, upon the sum of £86 13s 4d of the money of Scotland, of the date [...] June 1573; a reversion made by James Stewart of Tweedie to John, earl of Lennox, lord Darnley for redemption of all and whole the forty shilling land of Linkype, lying in the barony of Avondale and sheriffdom of Lanark, upon the sum of 120 merks, of the date at [...] the [...] day of [...] years; a reversion made by Alan Stewart of Craighall and Margaret Stewart, his spouse, to John, earl of Lennox, of all and whole the lands of Damshot, with the pertinents, containing the sum of £1,200, of the date 31 August 1520; a reversion given by John Colquhoun of Luss, knight, to John, earl of Lennox, lord Darnley, for redemption of the forty shilling land of Doverling, with the pertinents, upon the sum of £71 14s, of the date 15 March 1516 [1517]; another reversion made by the said John Colquhoun of Luss, knight, to the said Matthew, earl of Lennox, for redemption of all and whole the mill of Auldoneill, with the mill land, houses and buildings in Lower Rowallan, with the multures, sequels, profits and knaveships of the said mill, containing the sum of 80 merks, of the date 12 October 1507; a reversion made by the said John Colquhoun to the said John, earl of Lennox, for redemption of the lands of Mawmuir, Mawbeg, Blair, Wadden, Forlincarrie and the Strone, extending to a twenty-two merk land of old extent, with the pertinents, upon the sum of 600 merks, of the date 15 August 1523; another reversion made by the said John Colquhoun of Luss, knight, to John, earl of Lennox, lord Darnley, etc., for redemption of the lands of Auchingauch, with the lairg, extending to an eight merk land and one half, and all and whole the lands of Auchinvennalmoir, extending to a five merk land, all and whole the lands of Skukadow and Blairhannane, extending to thirty shilling land of old extent, upon the sum of 300 merks, of the date 19 August 1523; a reversion made by the said John Colquhoun of Luss, knight, to the said John, earl of Lennox, lord Darnley, for redemption of the lands of Letterwaldmoir, Stukindaff and Doverling, extending to a fifteen merk land, upon the sum of 600 merks, under the seal and subscription of the said laird, of the date 7 January 1523 [1524]; another reversion made by the said John Colquhoun of Luss, knight, to the said Matthew, earl of Lennox, for redemption of all and whole the lands of Letterwald and Stukindaf, with the pertinents, upon the sum of 280 merks money, of the date 4 May 15[...] years; a reversion given by Robert Crichton of Sanquhar, knight, to John, lord Darnley for redemption of the mains of Tarbolton, upon the sum of 400 merks, of the date 1 June 1572; an obligation of reversion given by John Stewart of Halrig to the said John, earl of Lennox, for redemption of the lands of Over Darnley, upon the sum of 115 merks, under the said John Stewart's hand writing, of the date 11 June 1522; a reversion given by James Blair to John, earl of Lennox, lord Darnley of the [...] merk land of Dreghorn, lying in the lordship of Cunninghame and sheriffdom of Ayr, upon the sum of £50, under the said James's seal and subscription, of the date of 26 March 1505; an obligation made by John Campbell of Lundie to the said Matthew, earl of Lennox, containing a reversion for redemption of the lands of Craigthrostane, of the sum of 300 merks contained in the reversion, and 200 [merks] for the tacks, under the said earl and John Campbell's hand writing, of the date at Edinburgh, 20 January 1564 [1565]; a reversion under form of instrument made by John [Cathcart], lord Cathcart to the said Matthew, earl of Lennox for redemption of the lands of Drumley and Rigwaldhill, upon the sum of 340 merks, under the sign and subscription of John MacNapill, notary chaplain, of the date at Linlithgow, 22 September 1506; a reversion made by Alexander Lindsay of Dunrod to the said John, lord Darnley, etc., for redemption of the ten merk, ten shilling land of Dreghorn, with the pertinents, upon the sum of 300 merks, under the said Alexander's seal, of the date of 2 August 1472; a reversion given by Matthew Campbell of Killeith to the said Matthew, earl of Lennox, for redemption of the lands of Newmains, containing the sum of 120 merks, of the date 12 December 1508; a reversion given by Quentin Shaw of [...] for redemption of a part of the town of Dreghorn, with the pertinents, to the said John, earl of Lennox, containing the sum of £100, of the date [...] 1475; a reversion made by John Walkinshaw of that Ilk, to the said John, earl of Lennox, for redemption of certain parts of lands lying in Inchinnan, upon the sum of £60, of the date 21 October 1522; a reversion given by Robert, lord Lyle to the said Matthew, earl of Lennox, for redemption of the town and lands of Inchinnan and the lands of the park of Inchinnan, with the lands of Wrightland Rassell, containing the sum of 300 merks, of the date 30 January 1506 [1507]; a reversion made by Robert Crichton of Sanquhar to John, lord Darnley, for redemption of the lands of Ardley, Regaldhill and mains of Tarbolton, containing the sum of 400 merks, of the date of 1 June 1572; a reversion by appointment bearing at what time the Earl of Lennox pays to the Lord Cathcart, his heirs, executors or assignees, the sum of 200 merks, that then the said lord shall renounce and give over the lands of Drumley and Rashbaldhill, under the said earl and lord's subscription, of the date at Linlithgow, 22 September 1506; a reversion given by Malcolm Maxwell to Matthew, earl of Lennox, for redemption of the five pound land of Henderston Easter, upon the sum of 150 merks, under the said Malcolm's seal and subscription, of the date 22 July 1513; a reversion given by Archibald, earl of Argyll, lord Campbell and Lorne, etc., to Matthew, earl of Lennox, for redemption of the fifty shilling land of Craigneilston, containing the sum of 250 merks, under the said earl's seal and subscription, of the date 5 February 1509 [1510]; another reversion given by the said Earl of Argyll to the said Earl of Lennox, for redemption of the fifty shilling lands of Craigneilston, upon the said sum; a reversion made by Dame Margaret Cunningham, lady Luss, for redemption of an annualrent of 24 bolls of meal, containing the sum of 300 merks, to the said Matthew, earl of Lennox, of the date at Glasgow, [...]; a reversion made by Patrick Maxwell of Newark to the said Matthew, earl of Lennox, for redemption of the five pound land of Faslane, containing therein the sum of 400 merks, of the date at [...], the [...]; a reversion made by the late William Stirling to [...], earl of Lennox for redemption of the park of Inchinnan, upon the sum of [...] money, of the date at [...], the [...]; a reversion made by [...] to the late [...], earl of Lennox for redemption of the lands of Bellenkinnow, with the pertinents, containing therein the sum of [...] money aforesaid, of the date at [...], the [...]; and also to all and sundry other reversions, obligations, contracts and bonds for making and delivering of reversions, for redemption of whatsoever lands and heritage pertaining to the said house and earldom of Lennox of before made by whatsoever person or persons to our said dearest grandfather or his predecessors, earls of Lennox, lords and earls of the said lands likewise and in the same manner as and they were expressly specified in our present assignation, promising by the word of the king that how often any knowledge comes to us of any other reversions of any part of the said lands, that we shall make new special assignation of the same to our said dearest cousin Esme Stewart, lord d'Aubigny and his heirs, according to this our present assignation, turning and transferring from us and all others our assignees in our said dearest cousin Esme, lord d'Aubigny, and his male heirs above-written, lawfully procreated or to be procreated of his body, heritably all right, title, interest or claim of right that we or our predecessors had, have or in any way may have in and to the said reversions, bonds, contracts and obligations for making of reversions, as well expressed as not expressed as said is, so that the said Esme, lord d'Aubigny, and his heirs aforesaid, may make warning to receive the sums contained in each one of them severally or at once, and consign the same with the letters of tack mentioned in them, and use the same after the tenor thereof for reduction of the lands therein contained, and thereafter call and pursue for lawful redemption of the lands, mills, woods and fishings contained in the said reversions as appropriate of the law, decreets thereupon to obtain and put the same to due execution in all points at their pleasure, and generally all other and sundry things to do, use, frequent and exercise that we might have done as heir aforesaid, concerning the redemption of the said lands by virtue of the reversions aforesaid, and to use the redemption of the same in all sorts as freely as we or our predecessors to whom the same were made might have done in any time bygone before the making of these our letters, freely, quietly, etc., without any revocation, etc., providing always that the said Esme, lord d'Aubigny, and his male heirs above-written, lawfully procreated or to be procreated of his body, shall use this present assignation for redemption of the lands above-written to the good and commodity of the said house of the Lennox, and in no way to sell, make disposition or renounce the said reversions or any part thereof, interdicting himself from there by this act. Given under our privy seal at our castle of Stirling, on 5 March 1579 [1580], and of our reign the 13th year.