[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.
[1581/10/42]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/43]*[print] [email] [cite] [preceding] [following]
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.
[1581/10/44]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/45]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/48]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/50]*[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 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.
[1581/10/51]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/52]*[print] [email] [cite] [preceding] [following]
†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.
[1581/10/54]*[print] [email] [cite] [preceding] [following]
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.
[1581/10/55]*[print] [email] [cite] [preceding] [following]
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.
[1581/10/56]*[print] [email] [cite] [preceding] [following]
†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.