[1581/10/29]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/30]*[print] [email] [cite] [preceding] [following]
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.
[1581/10/31]*[print] [email] [cite] [preceding] [following]
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.