On the fourth day of parliament
[1587/7/9]*[print] [email] [cite] [preceding] [following]
The parliament of the most excellent prince James VI, king of Scots, opened in Edinburgh on 29 July in the year of the Lord 1587 by the said lord king and the three estates of the realm as named below, together with officials of parliament as on the preceding day.
[1587/7/10]*[print] [email] [cite] [preceding] [following]
The king being present.
[1587/7/11]*[print] [email] [cite] [preceding] [following]
†Concerning the proposition made by our sovereign lord and his three estates convened in this present parliament for declaration of what is the perfect age of his highness, making mention of an act of parliament made by King James II of good memory, of the date 20 March 1489,† and likewise of the late act made by [Mary], his highness's late dearest mother, of the date 15 December 1564, as the said acts at more length purport; desiring, therefore, the declaration of the said acts concerning the lawful and perfect age of the prince, if it be of 21 years complete; our sovereign lord and his said three estates have declared and declare† that the king's majesty's predecessors, kings and queens of this realm, were by the said acts held of lawful age at 21 years complete, likewise our said sovereign lord, being now of 21 years of age complete, is of perfect and lawful age, so that his highness, his predecessors and successors after the said age of 21 years complete might have done and may do all things that thereafter a prince of lawful and perfect age might have done or may do of the law.
[1587/7/12]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, now after his lawful and perfect age of 21 years complete, with advice and consent of his estates convened in this present parliament, ratifies, approves and, for his highness and his successors, perpetually confirms all and whatsoever acts made by his highness in the governments of his regents during his young age, or since the acceptance of the government of his realm in his own person, or by his most noble progenitors concerning the liberty of the kirk of God and religion now presently professed and by the laws established within this realm; and that the said ratification be as effectual as if all the said acts were herein expressed, named and numerated; and quashes, annuls and abrogates all laws, acts and statutes, canon, civil, municipal and other ordinances whatsoever made in any times of before contrary or in prejudice of the said true religion and professors thereof.
[1587/7/13]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates convened in this present parliament ratify and approve the acts and statutes made of before concerning the punishment of the adversaries of God's true religion, presently professed and by laws established in this realm, and the seducers and persuaders of his highness's obedient and faithful subjects to decline from there, and ordain the same to have full effect and execution in time coming, with this addition: that whatsoever professed and avowed Jesuits or seminary priests shall be found in any part of his realm within the space of one month after the publication of the acts of this present parliament shall be taken, apprehended, called and pursued and incur the pain of death and confiscation of all their goods moveable; and whoever willingly and wittingly resets or supplies any of them thereafter by the space of three days and three nights, together or severally at three times, upon certain knowledge that they are persons of that profession, and be lawfully and orderly convicted of the same, shall incur the loss of their liferents; and that they, as also all sayers and hearers of mass or profaners of the sacraments, or other persons suspected to have declined from the true and Christian religion, or refusing to resort to the preaching of God's word, or whatsoever person that shall, by reasoning or dispersing of books or letters, presume to persuade any of his majesty's subjects to decline from the profession of the said true religion, being called to compear and answer thereupon before his highness and his privy council, in case the persons so accused and dilated, or any of them, shall be found culpable by his highness's privy council, or any five of them, his majesty's chancellor and clerk register being two of that number, either by the confession of the said persons accused or by the deposition of reputable witnesses, or if the said persons dilated being called and adjudged criminally (in case his highness and his council shall so think good) and be found culpable and guilty in the premises, that they thereupon incur the pain of loss of all their moveable goods, together with the liferents of their lands and livings whatsoever, to be taken up and employed to his highness's own use, and in no way to be conveyed to the persons to be convicted or fugitive for the cause aforesaid.
[1587/7/14]*[print] [email] [cite] [preceding] [following]
†Forasmuch as sundry persons bring home out of other realms diverse books and writs containing erroneous doctrine against the true word of God and religion professed and by the laws established in this realm, or containing superstitious rites and ceremonies papistical, whereby the people are greatly abused; for remedy whereof, our sovereign lord and three estates of this present parliament statute and ordain that whenever any persons suspected of bringing home of the said books shall repair, resort and remain within any burgh, it shall be lawful to the provost and bailies of the same burgh, with a minister, to search and seek the said books, and being found, such books as are before declared to destroy them and to commit the importers to ward until they be punished in their persons and goods at our sovereign lord's will; for the which his present act shall be sufficient commission to the said provost, bailies and minister, and their said searching, seeking, intromission and destruction of the said books shall be reputed a lawful deed, for the which they shall incur no danger of plunder or intrusion or anything that may follow thereupon.
[1587/7/15]*[print] [email] [cite] [preceding] [following]
†Item, it is declared, statute and ordained that all benefices of cure under prelacies to which ministers or readers are admitted (that actually serve and do their duties at their kirks), shall in all time coming be free of the first year's fruits and fifth penny of their benefices, and shall from this [time] forth have their signatures of presentation passed at the privy seal upon his majesty's own subscription only and his secretaries without any payment or caution to his treasurer for the said first fruits or fifth penny.
[1587/7/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates in this present parliament, statutes and ordains that whatsoever person or persons shall happen hereafter to perturb the order of the kirk in time of divine service, or to make any tumult, raise any fray, either in kirk or kirkyard, through which the people then convened shall happen to be disordered, troubled or dispersed, the same shall be a point of dittay, and the persons to be convicted thereof shall lose all their moveable goods, to be escheated to our sovereign lord for their offence, without prejudice of greater punishment if there happen any greater offence (as slaughter, blood, mutilation, shooting of hackbuts and pistolets) according to the laws of this realm; and forasmuch as diverse persons having committed sundry offences for the which they merit to be separated from the society of the kirk and yet seek no reconciliation thereto, but for necessity of baptism to their bairns or marriage of themselves or of their friends sometimes menace and threaten the said ministers and sometimes, for seeking of their livings or such other quarrels, spare not to put violent hands in them; for remedy whereof, it is statute and ordained by our said sovereign lord, with advice of the estates aforesaid, that whatsoever person or persons invades any minister or puts any violent hands in him for the causes above-expressed, or any other such forged quarrel, shall be punished for that with all rigour and incur the pain of loss of all their moveable goods for the said invasion and violence only, albeit no slaughter nor mutilation follow thereupon, the one half of the said moveable goods to be applied to our sovereign lord's use and the other to the party offended, without prejudice of greater punishment if any higher crime concur with the violence and invasion aforesaid. And for the better execution hereof, it is statute and ordained that all persons dilated of the said offences shall be called and pursued thereof criminally before the justice and his deputes, either in justice ayres or at particular diets, and that letters be directed to that effect in common form at the instance of the minister or the king's advocate or procurator for the kirk or any other that will pursue the said offences; and where any excommunicated person enters in the congregation the time of the administration of the sacraments or common prayers, the minister being certified thereof, shall immediately thereafter charge the excommunicated person in the name of God and our sovereign lord to depart, which being refused, he shall, after the administration of the sacraments or common prayers ended, require so many of the most wise, discreet and substantial of the parish as he pleases, that they, in our sovereign lord's name, shall take and apprehend the said excommunicated person and present him to the judge ordinary within the bounds of the shire where the parish lies, which judge ordinary shall be held to receive the same excommunicated person off their hands and keep and retain him in prison until he find caution under such sums as shall be modified by the minister and so many of the elders of that kirk as are present for the time or resort to the weekly assemblies, that the excommunicated person reconcile himself to the kirk and shall make amends for the said offence. And if the excommunicated person aforesaid forces any of them in the execution of the premises, he being convicted thereof, his moveable goods shall fall in escheat to our sovereign lord and his person shall be punished at his highness's will and pleasure.
[1587/7/17]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that the commission for deprivation of persons provided to benefices for the cause of deprivation† shall extend as well against persons provided to prelacies as other inferior benefices under prelacies, to be used by the persons specified in the said commission or such others as his highness shall give commission to in that behalf for all transgressions of the acts made thereupon since the parliament held at Linlithgow in December 1585.
[1587/7/18]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of parliament, perfectly understanding the greatest part of his proper rent to have been given and conveyed of old to abbeys, monasteries and other persons of clergy, whereby the crown has been so greatly hurt that thereafter his most noble progenitors had not sufficient means to bear forth the honour of their estate as they had before, which has bred sundry inconveniences within this realm; and seeing the causes of the dissolution of the patrimony of the crown to the kirk after the truth known are found neither necessary nor profitable, and that by many occasions, through a long process of time, the dearth has so greatly increased, not only in this realm but in all countries, that the prince's charges are not able to be upheld by that part of the patrimony which now rests in his hands; and his highness, for the great love and favour which he bears to his subjects, being in no way minded to grieve them with insupportable taxation, especially for his royal [sup]port, it is found most suitable and expedient that he shall have recourse to his own patrimony conveyed of before (the cause of the disposition now ceasing) as a help most honourable in respect of himself and least grievous to his people and subjects; and therefore our said sovereign lord and his said three estates of parliament, by the force of this present act, have united, annexed and incorporated and unite, annexe and incorporate to the crown of this realm, to remain therewith as annexed and as it were property thereof in all time coming, and with our said sovereign lord and his successors forever, all and sundry lands, lordships, baronies, castles, towers, fortalices, mansions, manor places, mills, multures, woods, shaws, parks, fishings, towns, villages, burghs in regality and barony, annualrents, tenements, reversions, customs, great and small, feu ferms, tenants, tenantries and service of free tenants, and all and sundry other commodities, profits and emoluments whatsoever, as well to burgh as to land (except as hereafter shall be excepted in this present act), which at the day and date of this act, namely 29 July 1587, pertains to whatsoever archbishop, bishop, abbot, prior, prioress, whatsoever other prelate, either ecclesiastical or beneficed person of whatsoever estate, degree, high or low, and at the day and date of this act pertains to whatsoever abbey, convent, cloister, whatsoever order of friars or nuns, monks or canons, however they be named, and to whatsoever college kirk founded for chantries and singing, or to whatsoever prebendary or chaplainry wherever they lie or be situated within this realm and dominion thereof; and likewise all and sundry common lands possessed by chapters of cathedral, kirks and chantry colleges as common and whereof the said chapters have been in possession before in commonty, to be in all times hereafter taken, held and reputed as it were the property and patrimony of the crown, to remain therewith in all time coming after the form, tenor and order of the act of annexation made in the time of our sovereign lord's most noble predecessor, King James II, and according to all clauses, conditions and circumstances thereof, which in all points are held for expressed in this present act. And also it is statute and ordained that the execution of this act in levying of the profits shall begin and take effect at the term of Martinmas [11 November] 1587, that our said sovereign lord may receive the rents and duties of the said term, and so forth to continue in time coming. And because it is not reasonable that after the said annexation of the said temporal lands to the crown the said prelates and ecclesiastical persons be burdened with any taxations for and in respect of the said annexed lands, his majesty and the estates of this present parliament have remitted the order to be taken for their relief in that behalf to certain persons to whom the order of the general taxation of all lands within this realm is committed, which order to be taken shall be observed in all time coming and the heritable possessors of the said lands and others indebted in taxations shall pay their tax according thereto. And further, it is declared, decreed, statute and ordained by our said sovereign lord and his said three estates of parliament that in case any of the said prelates or persons ecclesiastical whose temporal lands are properly comprehended in the said annexation shall be hereafter called and pursued at the instance of whatsoever persons for warrandice of any of the said kirklands set in feu or tack by them or their predecessors to diverse persons by occasion of double infeftments or assedations are for whatsoever other cause, they and their successors shall in no way be obliged to warrant the same except for their own death, to wit, when the warrandice proceeds and takes occasion upon double infeftments or assedations of a land, both proceeding from one person, conveyer thereof, yet alive, in which case only they shall be obliged as said is. It is also concluded, statute and ordained by our said sovereign lord and his three estates of parliament that the said annexation shall have full strength, force and effect in all lordships, baronies, tenantries and other temporal lands which pertained to any prelacy or other benefice possessed before by whatsoever prelate or ecclesiastical person against whom process of forfeiture or barratry has been led at any time since our said sovereign lord's coronation, albeit they have been in any parliament before or shall be now at his present parliament or hereafter fully restored against the said sentences, and processes and their restitution shall have no effect against the said annexation, but the said annexation shall have effect against them; notwithstanding the said restitution, it shall be always lawful to our said sovereign lord in his own time to set in feu ferm whatsoever the said kirklands which were not set in feu ferm before, if any be. And likewise, if any infeftments of feu ferm of the said lands now annexed which were set in feu ferm before shall happen to be retreated and reduced for the reasons and causes hereafter expressed, wherein his highness and his successors shall only be heard to quarrel and claim, it shall be lawful to his highness in his own time, as said is, to set the same in feu ferm, notwithstanding the said annexation; and to the effect aforesaid, the said provision shall serve for a sufficient dissolution in that behalf and his highness and his three estates aforesaid dissolve the same in that part. And likewise it shall be lawful to our said sovereign lord to use the superiority and feu ferms of the lands of Tulloes, the mill of Craichie, mill lands and sucken of the same, the lands of Corstoun, which pertained to the abbacy of Arbroath, lying within the sheriffdom of Forfar and regality of Arbroath, as shall seem good to his highness, and that the conversion of the victual in money or diminution of the rental shall be no cause of reduction of the infeftment, the said annexation or any clause or condition therein contained notwithstanding. Further, our said sovereign lord and his said three estates of parliament have declared and, by the tenor hereof, declare, decree and ordain that the lands, lordships and baronies underwritten erected by his highness in temporal lordships and baronies before the date of this present act, which is 29 July 1587, are not, nor shall not, be comprehended in the said annexation, excluding the same utterly therefrom, to remain with the persons to whom they were first conveyed, after the form and tenor of their infeftments made to them thereof: they are to say, the lands and lordship of Torphichen; the earldom of Gowrie; the lordship and living of Deer, now called the lordship of Altrie; the lands and baronies of Newbattle, with the other lands annexed thereto; the baronies of Broughton and Carse; the burgh of the Canongate and a part of the town of Leith; the barony of Alhammer, also called Whitekirk, which of before pertained to the abbacy of Holyroodhouse; the lands and lordship of Musselburgh, which of before pertained to the abbey of Dunfermline, which lands and lordships are conveyed to diverse persons as their particular infeftments bear; and also excepted the whole remaining lands of the abbey of Dunfermline, declared as yet to abide with the said abbey in the same estate wherein they then were, and are not comprehended in the annexation aforesaid, but to remain with the said abbey until further order be taken; as also excepted out of the said annexation of kirklands to the crown the infeftment of the temporality† of Paisley and the priory of Pluscarden and temporality thereof. It is always provided and our said sovereign lord, with advice of his said three estates in parliament, declares that notwithstanding the said annexation is appointed to take effect in manner aforesaid at the feast of Martinmas 1587, nevertheless, John [Hamilton], lord Hamilton, commendator of the abbacy of Arbroath, shall possess the fruits, profits and duties of the said abbey during his lifetime in the same manner as he did before, except the profits of the lands of Craichie and mill thereof, the lands of Tulloes and Corstoun, feu ferms and duties of the same, for the which he shall be recompensed according to the general order to be taken with the remaining ecclesiastical persons whose rent is divided by the said annexation, according to the act and ordinance made thereupon. In like manner, our sovereign lord, with advice of his said three estates, ratifies and approves the gift and disposition made by his highness to John Bothwell, son lawful to Adam [Bothwell], bishop of Orkney, of the abbacy of Holyroodhouse and whole fruits thereof, with the whole freedoms, jurisdictions, liberties, rents, profits and emoluments of the same, with the whole reservations, clauses, conditions and circumstances of the same after the tenor thereof, as the same of the date 10 December 1582 bears, declaring the same to be sufficient and valuable to him for possession and enjoyment of the said benefice and whole fruits thereof enduring his lifetime, notwithstanding whatsoever acts, constitutions or laws, civil or municipal, made in the contrary, dispensing therewith and effect thereof; and that this present ratification be as sufficient as if the said gift and disposition had been excepted especially in the said acts or any of them, and this always to be without derogation of the act of annexation of the temporalities of benefices to the crown or of whatsoever rights and titles made by them or either of them in favour of whatsoever persons, which by this his highness means in no way to prejudice, but the same to stand ratified and approved in their full strength and force as if they were specially mentioned herein. It is always understood, likewise as our said sovereign lord and his three estates declare, that under the said annexation or any clause herein specified, the teind sheaves and other teinds of whatsoever lands within this realm pertaining to any parsonage or vicarage are not, nor shall not, be comprehended, except where the teind and stock is set together, as is hereafter declared, but that the same shall remain with the present possessors having right thereto and who shall have right to the same hereafter, notwithstanding the said annexation or any general clauses therein specified, which shall in no way be extended to the said teinds more than if the said annexation had never been made; reserving always and excepting to all archbishops, bishops, abbots, priors, prioresses, commendators and other possessors of great benefices of the estate of prelates and which before had, or has, vote in parliament, their principal castles, fortalices, houses and mansions, with the buildings and yards thereof, as they lie and are situated within the precincts and closures of their places, which shall remain with them and their successors hereafter for their residence and habitation, notwithstanding the said annexation which shall in no way include the same, but the same castles, houses, mansions and others immediately before rehearsed shall abide in the same estate wherein they were before the said annexation, without prejudice or hurt to be meant or intended to the said prelates or any other persons that may have or justly pretend right thereto, providing always they keep and maintain the same in the estate wherein they presently are. Excepting also out of the said annexation all and whatsoever mansions of parsonages and vicarages annexed to parish kirks, with four acres of the glebe most near to the kirk and commodious for the minister serving the cure thereof, for his better residence, that which shall not be nor are not comprehended in the said annexation, but shall remain with the minister, parson or vicar or others who shall be provided thereto for serving of the cure according to the acts of parliament made thereupon of before; excepting in like manner all and sundry lands, profits, tenements, annualrents, teind sheaves and other emoluments and profits whatsoever given, granted and conveyed for subsistence of masters and students in colleges erected for exercise of learning and for grammar schools and for sustenance of ministers making their residence in burghs where there is no other stipend appointed to them; and likewise excepting and reserving all lands, teinds, profits, annualrents and commodities whatsoever granted before the date hereof by our sovereign lord or whatsoever his highness's predecessors or by whatsoever other persons to any hospital or maison-dieu within this realm and that in favour of the poor and needy, providing that the same be not conveyed nor applied to any other use; and finally, excepting and excluding out of the said annexation all lands, baronies, tenements, annualrents and other commodities whatsoever which pertained of before to whatsoever benefice, great or small, being of lay patronages, to the which the said annexation shall not be extended nor comprehend the same, to the effect that none of the said lay patrons be hurt or damnified thereby, and notwithstanding the said general annexation of all lands, lordships, baronies, tenements, annualrents and other commodities above-specified (except before excepted) to the crown of this realm, to remain therewith as it were proper patrimony thereof in all time coming. It is by this present act specially provided that where the said lands and others above-specified or any part or portion thereof, great or small, are set in feu ferm, tack and assedation or are conveyed in free tenantry in blench, kane or for service of ward and relief or otherwise as may stand and agree with the laws of this realm, the said heritable free tenants, feuars, tacksmen and other righteous titulars thereof shall possess and enjoy their lands, lordships, baronies, tenements, annualrents and their other rights and titles whatsoever after the form and tenor of the same in all points, and our said sovereign lord and his highness's successors shall be hereafter immediate superiors to them, likewise they shall become by virtue of this present act immediate tenants and vassals to his highness and their successors in their said lordships, lands and tenements for payment of the duty and service contained in their infeftments, tacks and assedations and other rights and titles thereof, in the same sort and manner as they might have been obliged to the said ecclesiastical persons and no other way; and that by the same infeftments, tacks, rights and titles which the said possessors have of the same, they shall use, enjoy and possess their said lands and it shall not be necessary to them to alter their said infeftments and rights, nor to take the same of new of our sovereign lord, notwithstanding the translation of the superiority in his highness. And because there are diverse pensions granted to many persons out of the said annexed lands, as well by the said prelates and other ecclesiastical persons as by our sovereign lord, the benefice becoming vacant in his highness's hands either through decease or by process of forfeiture or barratry led against the possessor of the benefice, our sovereign lord and his said three estates of parliament decree and declare that the said pensioners shall in no way be hurt nor prejudiced in their said pensions (they being lawfully provided thereto) by the said annexation, so that the said pensioners have been authorised by decreets of the lords of council or other judges ordinary or have been in lawful possession of their pensions at any time preceding. It is always declared and decreed by our said sovereign lord and his said three estates in parliament that in all and sundry lands, lordships, tenements, annualrents, other profits and commodities whatsoever properly comprehended in the said annexation, our said sovereign lord and his successors shall have the only and full right of the superiority of the tenantries likewise and in the same manner as the said ecclesiastical persons had the same of before, and that the heirs of the present heritable possessors in all time coming shall enter by brieves of our sovereign lord's chapel only, which brieves shall be directed to the sheriff of the shire where there was no regality before; and where there was any regality which has now a heritable bailie or stewart, the same shall be directed to the said bailie or stewart and their deputes, after the service of the which brieve, the same being retoured to our sovereign lord's chancellery, whether the said lands lie in royalty or regality, the party shall have precepts to be seased, held of our said sovereign lord according to his retour by the same conditions as our said sovereign lord's other tenants have been seased by precepts directed out of the chancellery of before, in the which precept commandment shall be given to the sheriff, stewart or bailie to whom the same shall be directed to take security for the duty owing to our said sovereign lord as the cause shall require by the retour; as the custom has been in the king's tenantries in time past. And because our said sovereign lord and his successors are decreed and declared by the tenor hereof to have the full right of the superiority of the said tenantries of kirklands, it is therefore statute, decreed and ordained that his highness and his successors shall have sufficient right, action and interest for compelling of all and sundry the said tenants now presently being, and their heirs and successors that shall be for the time, to pay the duties and do the services contained in their infeftments in all time coming; and in case the clauses and conditions of the said infeftments be contravened, his highness and his successors shall have action to retreat and reduce the said infeftments according to the clauses, conditions and restrictions specified therein for any fault, offence or contravention that shall be done or committed in time coming only; and his highness and his successors shall not have action, title, power or right to call any of the said infeftments, or tacks and assedations of any of the said kirklands which are made by them who had power to make the same or any right or title depending thereupon, in question, nor yet to pursue the reduction, annulling or expiring thereof, nor yet shall his highness nor his successors have any manner of action, right or title to retreat, reduce and annul whatsoever infeftments of the said kirklands, duly and lawfully confirmed by him or his predecessors, either for diminution of the rental, so that the said diminution be not of the old penny mail penny for penny; and his majesty and his successors shall in no way be heard to quarrel the said infeftments of feu ferm for conversion of the victual in silver duty or for any other reason of cause of nullity, invalidity, injury nor hurt, or by reason of whatsoever law, canon or municipal, statute or constitution, except in the cases aforesaid for non-payment of the said duties and due services in time coming according to the restrictions contained in the said infeftments; and also excepting where our said sovereign lord and his successors may have quarrel or condemn the said infeftments if any of them be false and pretended, in the which cases only his highness and his successors shall have place to pursue and by the tenor of this present act are, and shall be, expressly and continuously excluded from all other action, cause and pursuit, except the cases aforesaid. And moreover, our said sovereign lord and his three estates of parliament, for the greater assurance to the said feuars and free tenants, declare that it shall not be lawful to him nor his successors, and that his highness in no way means nor intends directly nor indirectly to harm or prejudice the said feuars and free tenants, their heirs and successors in their rooms and possessions pertaining to them for any cause, except for the special cause above-excepted, but that they shall possess their said lands, feus and tenantries as freely in all respects for payment of the duty and service specified in their infeftments as any his lords, barons, feuars and free tenants, which were his immediate vassals of old, have possessed and enjoyed their said lands and heritage or presently possess and enjoy the same, without any difference hereafter. And because the teind sheaves and other small teinds of all lands within this realm are expressly excepted out of the said annexation and the same in no way extended thereto, and thereby it is considered that question may fall out concerning the payment of the feu ferms of the kirklands to our sovereign lord where in an infeftment the lands and teinds are set together for a duty and, without division or distinction, how much shall be paid for the said land and how much for the teind, which may seem hurtful to such as have the lands set to them with the teinds included and to the ecclesiastical persons to whom the teinds are reserved; for avoiding of the which question, our said sovereign lord and his said three estates of parliament decree and declare, statute and ordain that the comprehending of the said teinds and including the same with the lands shall in no way break our said sovereign lord's superiority aforesaid, but his highness shall remain superior to the whole tenantry, stock and teind after the form of the infeftments and that the right of the said infeftment shall stand indivisible so far as concerns the holding and tenantries, but the said ecclesiastical person shall have action and right to the tenth penny of liquidated mails contained in the said infeftment, and the other nine parts thereof shall pertain to our sovereign lord; and this to be not only of the penny mail, but of all other duties that should be paid for teind and stock, to wit, that nine parts thereof shall pertain to our sovereign lord and the tenth part by just estimation shall appertain to the said ecclesiastical person; and that all the judges and ministers of his laws within this realm judge and decide according to this statute and no other way how often as that question shall be moved upon the case aforesaid. And forasmuch as there are diverse burghs in regality and barony within this realm, which were before held immediately of the said prelates, and have been in use to exercise the trade and traffic of merchandise, to make burgesses and to elect provosts, bailies and other officers suitable and necessary for the government of their communities, our said sovereign lord and his three estates in parliament, in no way willing that they shall be hurt therein, declare, decree and ordain that they shall remain in the same freedom and liberty which they had before the said annexation, to be held always of our said sovereign lord in the same manner and condition by the which they held their said liberties of the said ecclesiastical persons before and in no way hurt in their rights and privileges; and that the one sort and the other be not confounded by this present act but remain always distinct as they were in time past, notwithstanding the said annexation. It is always provided, statute and ordained that the provost, bailies, council and other officers within the said burghs in regality and barony where there were provost and bailies of before, shall be yearly elected, chosen, deposed and altered according to the form and tenor of the acts of parliament made in the days of our sovereign lord's most noble predecessors and ratified in diverse parliaments since his highness's coronation. Further, the said burghs in regality and barony and all lands, tenements and annualrents within the liberty of the same which were held of the said ecclesiastical persons before, shall, from this present, be held of our said sovereign lord and his successors in chief, and the heirs shall be entered thereto by our said sovereign lord's brieves to be directed to the said provost and bailies of the said burghs, and the service shall be retoured to his highness's chancellery, upon the which retour the director shall deliver a precept in competent and due form, with provision of security to be taken for the mails and duties of the said lands and annualrents as they shall be retoured, because the said burghs are not his free burghs regal and were not relieved of their non-entries at the hands of the said prelates, their superiors, in times past; and where the prelate received resignation or gave interest, that the king's majesty shall give it now by order of his chancellery; and where the power was in the hands of the bailies of the burghs within regalities, that they possess and enjoy their right and privilege as of before. And because the said lands, lordships and baronies which before pertained to the said archbishops, bishops, abbots and other prelates, there are diverse our sovereign lord's lieges constituted heritable bailies and stewarts of the said lordships and regalities, which heritable bailies and stewarts our said sovereign lord intends not to hurt by the said annexation, therefore, our said sovereign lord and his said three estates of parliament declare, decree, statute and ordain that the said heritable bailies and stewarts and their heirs and successors shall now and hereafter abide and remain in their right and title which they have of the said offices, except in the change of their superior in our sovereign lord and his successors, which in all time hereafter shall be their immediate superiors, likewise the said heritable bailies and stewarts shall be their immediate tenants and vassals of their said offices, after the form and tenor of their infeftments and for doing of the service specified in the same. Further, the said heritable bailies and stewarts shall, notwithstanding the said annexation, have the same liberty, power and jurisdiction which they had before in actions and matters civil and by the said annexation there shall no further power, jurisdiction or authority appertain to our said sovereign lord's sheriffs nor accrue to them, but their said power and jurisdiction shall remain in the same estate limited, as the same is at this present, according to the ancient laws and custom of this realm. And further, the said heritable stewart or bailie of the said regality shall have the same power which he had before to repledge from the sheriff or his deputes in all causes and actions criminal or civil, where repledging was granted of before; and if the said sheriff and his deputes refuse to admit the said repledging, he and his deputes shall be punished for that and his process led in the contrary shall be of no value. And in causes criminal the said bailie or stewart of the regality shall be judge competent in all manner of crimes wherein the lord or bailie of the regality was accustomed to be judge in times past; and albeit our sovereign lord's justice general, lieutenant or justice in that part by special commission summoned the offender, indweller of the regality, to compear before them to underlie the law for the crime for the which he shall be dilated, the said bailie or stewart of the regality shall have power to repledge from our said sovereign lord's justice aforesaid to his own court, in case he have prevented by apprehending of the offender's person or by his summons first directed and executed against the offender before our said sovereign lord's justice apprehended the person suspected or dilated for the offence and crime or execute summons upon him to underlie the law for that; but our said sovereign lord's justice general, lieutenant or commissioner shall be judge competent in case of prevention upon his part by the apprehension of the trespasser or first execution of the summons against him, and in that case the said bailie and stewart of regality shall have no power to repledge, but, if he pleases, he shall be adjoined to the king's justice and judge with him; and in case of conviction, the said bailie and stewart heritable, assistant to the judgement, shall have such part of the escheat as he may claim by virtue of his office and infeftment given to him thereupon. And it is also decreed, statute and ordained that no bailie nor stewart heritable of any regality shall hereafter be heard to repledge from our said sovereign lord's justice ayre held by his justice general, but he shall be adjoined, if he pleases, to the king's justice and shall have so much of the fine and penalty of the persons dilated as he ought to have by the right of his infeftment. In like manner, it is statute that in all hosts and armies the inhabitants of the lands within the said bailiaries and stewartries shall be under the commandment of the said bailies and stewarts heritable in such manner as they were accustomed to assemble with the said prelates and bailies in time bygone; as also shall give musters at their wappenschawings before them according to the act of parliament, under the pain contained therein to be lifted to the said bailies' and stewarts' use. And moreover, it is specially provided that notwithstanding of the annexation of the temporalities of benefices to the crown, yet the conventual brethren of the abbey of Dunfermline shall in no way be prejudiced nor hurt concerning their livings, portions, pensions, yards and duties of the said abbey, but that they and every one of them may peaceably possess, enjoy and uplift their portions, pensions, livings, yards and duties of the same abbey during their lifetimes, according to their gifts, special assignations thereof, and to our sovereign lord's ratification and confirmation thereupon in all points. The which day, our sovereign lord, sitting in judgement in plain parliament, by his declaration made in presence of his three estates, saved to himself liberty and privilege to except and reserve out of the acts of the annexation of the temporalities of benefices to the crown, of the satisfaction of the temporalities annexed, of his highness's revocation general and of the ratification of the restitution, pacification and abolition all such persons, causes and matters and with such provisions, limitations and restrictions as to his majesty shall seem expedient, which his highness ordains and commands his clerk register to insert and incorporate within the bodies of the said acts, the same exceptions and reservations being delivered to him subscribed by his highness and his chancellor before 15 August 1587. And further, our sovereign lord, according to the liberty and privilege saved to himself, sitting in judgement in plain parliament, has excepted out of the said general annexation the temporalities of the abbeys of Coldingham and Kelso and cell of Lesmahagow, declaring them as yet to remain with the said abbeys and cell in the same estate wherein they then were and that they were not comprehended in the annexation aforesaid, but to remain with them until further order be taken; and has declared that it shall be lawful to his highness to use the superiority and feu ferms of the lands of Letham, lying within the sheriffdom of Fife, being a part of the patrimony of the bishopric of St Andrews, all and sundry the lands and others after-specified, which are a part of the patrimony of Lincluden: they are to say, the five merk land of Little Dryburgh, the five merk land of Drumjarg, the five merk land of Ernfillan, the five merk land of Erncraig, the five merk land of Blairinnie, the five merk land of Meikle Dryburgh, the five merk land of Chapmanton, the five merk land of Blackerne, the five merk land of Ernemye, the five merk land of Culnaightrie, the corn mill of Crossmichael, the five merk land of Garranton, the two merk land and a half of Blackpark, all lying within the barony of Crossmichael and stewartry of Kirkcudbright; the fifteen shilling land of Staikfurd, the forty shilling land of Newton, the merk land of Cluny and Skellingholme, the six merk land of Terraughtie, the six merk land of Drumgranis, the five merk land of Troqueer, the merk land of Stockholm, the five merk land of Nunland, the five merk land of Cruistanis, the six merk land of Holme, the twenty shilling land of Maryholme, the four merk land of Nunholme, all lying within the barony of Drumsleet and stewartry aforesaid; together with all castles, towers, fortalices, manor places, houses, buildings, orchards, yards, mills, woods, fishings, parts, pendicles, annexes, connexes, outsets, tenants, tenantries and ferms of feu ferms, kanes, customs, services, casualties and other commodities whatsoever. And if it shall happen our said sovereign lord to convey of any of the lands, mills and fishings of the said provostry which are comprehended in the said annexation, or which are now excepted and reserved as said is and shall be hereafter demitted in his highness's hands by the provost and prebendaries thereof, that if his highness converted the ferms or victual in silver, the same shall be no diminution of the rental or cause of reduction of the said infeftments to be made thereof. And also has declared and declares that it shall be lawful to his highness to use the superiority and feu ferms of the lands of Lurg and Kincardine† and the preceptory of St Anthony's in Leith and chaplainry of St James at the Newhaven lands, teinds and annualrents of the same as shall seem good to his highness. And also declares that notwithstanding the said annexation appointed to take effect in manner aforesaid at the feast of Martinmas 1587, that Master Robert Douglas, provost of Lincluden, and [...] Douglas, son to the laird of Drumlanrig, his successor, shall possess the fruits, profits and duties of the said provostry during their lifetimes in the same manner as they did of before; as also ratifies and approves the provision made to [...] Douglas, son to the laird of Drumlanrig, of the provostry of Lincluden, and that the act of satisfaction shall be extended in his favour, declaring the same provision to be sufficient for possession and enjoyment of the said provostry and whole profits thereof, notwithstanding whatsoever acts, constitutions or laws civil or municipal made in the contrary, dispensing therewith and effect thereof. And likewise excepts out of the said annexation the lands and others underwritten, which are a part of the patrimony of North Berwick: they are to say, all and whole the place where the abbey kirk and cloister of North Berwick stood before, which is now ruinous and was no parish kirk, and also all and sundry the lands of the haugh of North Berwick Law, the Law Meadow, the mills of Kinkeith, with the crofts thereof, the other four crofts of land sometime occupied by Robert Home of Haugh, with their pertinents, lying on the south side of the burgh of North Berwick, all and whole the west part of the town of North Berwick, called the Nungate, lying upon the west side of the burn called the Clairtie Burn, with all and sundry lands, tenements, houses, buildings, outsets, tails, barnyards and other pertinents thereof, all and whole the two husband land in Bonestoun, with their pertinents, all lying within the sheriffdom of Edinburgh and constabulary of Haddington; all and whole the lands of Moncreiffe, the lands of Alderny, the lands of the Grange, with their pertinents, all lying within the sheriffdom of Fife; with houses, buildings, fortalices, mansions, yards, orchards, ferms of feu ferm, tenants, tenantries, parts, pendicles and pertinents of all and sundry the aforesaid lands, which his majesty declares are not, nor shall not be, comprehended in the said annexation.
[1587/7/19]*[print] [email] [cite] [preceding] [following]
†The king's majesty and three estates of this present parliament, being informed of the great hurt that this country has sustained this long time past through the over great abundance of alloyed money coined within the same, and to the effect that the same may be eschewed in time coming, his majesty, with advice of his said estates, gives and grants full power and commission to Sir John Maitland of Thirlestane, knight, his highness's chancellor, Master Thomas Lyon of Baldukie, treasurer, Alexander [Seton], commendator of Pluscarden, Sir Lewis Bellenden of Auchnoull, knight, justice clerk, Sir Robert Melville of Murdocairnie, knight, treasurer depute, Master David MacGill of Nisbet [and Cranstoun-Riddel], his highness's advocate, and Alexander Hay of Easter Kennet, clerk register, or any three of them, the said treasurer being one, to convene together as often as they shall think expedient between the date hereof and 1 January 1588, and to confer, treat and conclude as well upon the stay of the money now current as upon the coining of a new money: of gold of 22 caret fine and of silver of 11 penny fine, and how many pieces of every one of the same shall be in the ounce, and for what price they shall have course and passage in the country; and whatsoever the said commissioners, or any three of them jointly, the said treasurer being one, do herein, his highness and his said estates decree and ordain the same to have as great strength, force and effect as if the same were done by the whole estates in parliament.
[1587/7/20]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament, remembering how necessary and honourable it shall be both for his highness and his realm that the matter of his marriage and charges to be made in that respect shall be honourably and sufficiently done and performed; therefore his highness and his said three estates, in respect of the long continuance of this present parliament and of the difficulty that will be to the said whole estates to convene shortly again, has given, granted and, by the tenor hereof, give and grant full power and commission of parliament to six of every estate of the persons following, with his officers that shall be present for the time: they are to say, the earls [Archibald Douglas, earl of] Angus, [George Gordon, earl of] Huntly, [David Lindsay, earl of] Crawford, [George Keith, earl] Marischal, [John Graham, earl of] Montrose and [Andrew Leslie, earl of] Rothes; [Patrick Adamson], archbishop of St Andrews; the bishops [Peter Rollock, bishop of] Dunkeld, [Alexander Campbell, bishop of] Brechin and [Adam Bothwell, bishop of] Orkney; the commendators [Robert Keith, commendator of] Deer and [Mark Kerr, commendator of] Newbattle and the commissioners of burghs of Edinburgh, Perth, Dundee, Aberdeen, St Andrews and Stirling, or any four of them for every estate, shall convene whenever they shall be charged and required to that effect, and shall treat, consult, deliberate and conclude upon such taxation as shall be thought expedient to be levied off his subjects for the cause aforesaid and of the manner and execution that shall be directed to that effect; likewise also the said commissioners shall have power to hear, treat, determine and conclude in the matter of the answer to the petitions of the king of Denmark concerning Orkney; and whatever they do and conclude in either of the said matters, it shall have like force and authority as if it were done by the whole three estates in parliament.
[1587/7/21]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates convened in this present parliament, moved by the general complaint of all his loving and good subjects, but specially the poor farmers and labourers of the ground, give, grant and commit full power and commission of parliament to his trusty and well beloved councillors and others after-specified: they are to say, Master David MacGill of Nisbet [and Cranstoun-Riddel], his highness's advocate, Master David Carnegie of Colluthie, Robert Fairlie of Braid, Sir Archibald Napier of Edinbellie, knight, general of his highness's coin-house, John Arnott [of Birswick], commissioner of Edinburgh, William Fleming, commissioner of Perth, Robert Forrester [of Boquhan], provost and commissioner of Stirling, and Hugh Campbell [of Loudoun], provost and commissioner of Irvine, or any seven, six or five of them jointly, the said lord advocate being one, to convene in his lodging within the burgh of Edinburgh as often as they shall think expedient between now and 31 August 1587, and after sight and consideration of the laws and acts of parliament made concerning mets, measures and weights in time past, and grounds whereon they have proceeded, having regard to equity and indifference, to set, make and establish a met, measure and weight which shall be common and universal amongst all our sovereign lord's lieges, to buy, sell, receive and give out, and to present the same to his highness and his privy council between now and 1 November 1587, that the same may be notified to all our sovereign lord's lieges with all convenient speed and diligence thereafter as the said commissioners will answer to his highness upon their obedience; and that letters be directed to charge and compel hereto, if need be, in the appropriate form.
[1587/7/22]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, having consideration of the good affection borne to his highness and his estates by the clergy and prelates, whereof they have given any sufficient proof by their willing and free consent given to the annexation of all and sundry the ecclesiastical rents and lands to remain as proper patrimony with the crown, our said sovereign lord and his successors forever (except as is specially mentioned in the act of the said annexation), in the which respect, his majesty is in no way minded that the present possessors of the prelacies and benefices whose rents may be impaired by the said annexation shall be greatly hurt or damnified during their lifetimes, therefore, his highness, with advice of his said three estates of parliament, decrees, statutes and ordains that every one of the said prelates and beneficed persons whose rents by the said annexation shall be diminished, shall, with all convenient speed, receive recompense and satisfaction therefore by the sight of the commissioners underwritten in manner after-following, and that before the feast of Martinmas [11 November] 1587, which term is appointed when the said annexation shall take effect, which assignation of the commodity and profit to be granted to them shall endure for the lifetimes of the present possessors of the said benefices only, and shall not be extended to their successors, who shall be provided by their decease or by deprivation, deposition or inability of the said present possessors, nor yet to any person who is already provided as future successor by resignation or demission, with reservation of the fruits to the present possessor aforesaid, who shall in no way have the benefit of the said excambion and exchange but the same shall end with the present possessors, whether they be only usufructuaries or fully provided to their benefices, after whose decease the commodities to be now given to them in exchange shall return to our sovereign lord and his successors. And because all the particular persons ecclesiastical which the said annexation touches have interest herein and that it is most expedient that with all celerity and surety they shall be provided by the said assignation, our sovereign lord, with advice of the said three estates as parliament, has constituted and ordained and, by the tenor of this present act, constitutes and ordains his well beloved Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, etc., George [Keith], earl Marischal, lord Keith, Robert [Seton], lord Seton, [Robert Boyd], lord Boyd, Thomas [Lyon], master of Glamis, his highness's treasurer, Sir John Maitland of Thirlestane, knight, his secretary, Sir John Seton of Barns, knight, comptroller, James Meldrum of Seggie, Master John Lindsay, parson of Menmuir, Master John Graham, parson of Killearn, senators of the college of justice, Sir Lewis Bellenden of Auchnoull, knight, justice clerk, Master Robert Douglas, provost of Lincluden, collector general, the provost of Edinburgh, Sir Robert Melville of Murdocairnie, knight, treasurer depute, Alexander Hay of Easter Kennet, clerk register, Master David MacGill of Nisbet [and Cranstoun-Riddel], advocate, or any five of them, my lord treasurer, my lord secretary, the said Sir Robert Melville and Sir Lewis Bellenden or any two of them being of the said number, giving, granting and committing to them full power to treat and conclude with the said ecclesiastical persons and every one of them for their own parts upon the commodity to be assigned to them and to make them and every one of them sufficient assignation thereof for their lifetimes as said is; which being registered in the books of the exchequer shall have as summary process and execution in favour of the said prelates and beneficed persons as they might have had by virtue of their provisions before the said annexation; and to the effect aforesaid, the said commissioners shall convene at Edinburgh on 8 August 1587 and from that time forth they shall sit for appointment and expediting of the said assignations as the cause shall require to 1 November 1587; and the said assignations being made in manner aforesaid shall be as sufficient in all respects as if our said sovereign lord and three estates of parliament had consented thereto. And to the effect that the said prelates and ecclesiastical persons having interest pretend no ignorance thereof, our said sovereign lord and his three estates of parliament ordain letters to be directed to make publication hereof in every shire and diocese, appointing several days and terms to the persons, as well titulars of benefices as pensioners of every diocese, for their compearance, according to the discretion of the said commissioners, that they may the more advisedly proceed therein; providing always that such as shall happen not to compear at the days appointed to them shall have no benefit of this act. And it is also provided that if the said commissioners shall happen not to give their decreet and declaration concerning the said recompense to all persons that shall have interest by the said annexation before the said feast of Martinmas 1587, in that case our said sovereign lord shall not intromit with the duties of the lands pertaining to so many persons ecclesiastical having the benefit of this act as for whom declaration and decreet shall not be given upon the said satisfaction, and they themselves shall intromit therewith of that term and termly thereafter until the said declarator be given.
Moreover, it is declared, statute and ordained that the said satisfaction to be made to the clergy for their liferents shall be in all things equivalent to that which shall be taken from them by the said annexation in the proper rent of their said lands and customs thereof, penny for penny and boll for boll; and such as obtains not the said satisfaction in manner aforesaid before the said term of Martinmas shall possess and enjoy their own until the said satisfaction be declared in manner aforesaid, and that by their provisions, letters and decreets already obtained or to be obtained by them thereupon. And further, it is declared that the said annexation shall in no way prejudice any of the ecclesiastical persons concerning the mails and duties, feu ferms or profits of their said benefices, lands or rents thereof, of any years and terms past, but that they and every one of them shall have place to call and pursue thereof and intromit therewith to their own use, notwithstanding the said annexation or any clause thereof.
Moreover, our sovereign lord gives and grants commission to the said commissioners to modify and take order concerning the ministers' stipends, to take order with the tenants, tacksmen and parishioners that have once made payment in good faith to ministers, to take order how the ministry at the college kirks shall be sustained, to take order concerning the victual assigned to ministers in their stipends in the last exchequer, how it may stand without alteration or change in money in time coming, to take order concerning manses and glebes, to take order for honest maintenance of his highness's four musicians and to answer the other articles and supplications remitted to the six commissioners in this present parliament.
[1587/7/23]*[print] [email] [cite] [preceding] [following]
†Forasmuch as for great and weighty considerations tending to the good of the crown and of the whole realm there are diverse lands and lordships of old and of late annexed to remain with our sovereign lord and his successors, which may not be conveyed nor transferred in fee or liferent to whatsoever person or persons without the advice of the three estates of parliament and for profitable and seen causes for the good of the whole realm; and nevertheless it has been thought expedient in the days of our sovereign lord's most noble predecessors that his said annexed and proper lands should be set in feu ferm for increase of policy thereupon and augmentation of the rental, and to the effect that the said lands might be set in feu ferm in manner aforesaid, our said sovereign lord's predecessors and three estates of parliament have been in use to dissolve the said annexations; and therefore our said sovereign lord and three estates of parliament, finding it now expedient and profitable for his highness that diverse of the said annexed lands within sundry sheriffdoms and lordships be set in feu ferm for augmentation of his yearly rental and for increase of policy as said is, therefore they have dissolved and dissolve the said union and annexation to the effect above-specified only, and will that the same be extended to the lands underwritten, whether they be annexed to the crown, to the principality of this realm or to the king's second son, providing always that albeit the lands of the earldom of Ross and lordship of Ardmeanach, which are appointed to remain with our said sovereign lord's second son, be set in feu ferm by virtue of this dissolution, the same shall in no way be transferred, conveyed, nor put away from our said sovereign lord's second son, but the same lands and profits thereof, albeit they be hereafter set in feu ferm, shall remain in property with him after the form of the act made by King James III, our sovereign lord's most noble predecessor, and also providing that this present dissolution shall stand during the days of our said sovereign lord that now is only, so that what lands his highness in his time sets in feu ferm to whatsoever person or persons for augmentation of his rental as said is, the same shall abide with the said persons, their heirs and successors in feu and heritage forever, and after our said sovereign lord's decease, the annexation of the remaining lands not set in feu in his highness's time shall return to the own nature. These are the names of the lands to the which this present dissolution is and shall be extended: they are to say, the lands of the earldom of Ross and lordship of Ardmeanach; the lands of the earldom of Orkney, with the isles pertaining thereto; the lands annexed to the crown lying within the sheriffdom of Edinburgh and constabulary of Haddington; the friars' lands of Aberdeen which were before conveyed to George [Keith], earl Marischal; the lands and lordship of Menteith conveyed to James [Stewart], lord Doune; the lands and lordship of Galloway above and beneath Cree; the earldom of March and the lordship of Ettrick Forest.
[1587/7/24]*[print] [email] [cite] [preceding] [following]
†We, James, by the grace of God, king of Scots, being now of perfect age of 21 years complete, and knowing the remedy competent to us by the common law and laws of our realm in revocation of all and sundry alienations, donations, venditions or other dispositions whatsoever made by us in our minority and less age, or by our predecessors in their times, in hurt and detriment of our crown, our soul and conscience, against all laws of our realm, and therein following the example of our most noble progenitors in their general revocations, and being lately past our said perfect age of 21 years and a large space within our age of 25 years, during the which the remedy of our revocation is competent to us, we make our general revocation in manner following: first, we revoke, abrogate, annul, retreat and rescind all and sundry infeftments, charters, gifts, donations, alienations and dispositions whatsoever made by [Mary], our late dearest mother, before our coronation to whatsoever person or persons in any manner of way in fee, feu ferm or freehold of any lands, lordships, baronies, customs, annualrents, fishings, burgh mails or castle wards annexed to our crown, offices of justiciary and sheriffship within the same appertaining thereto, contrary to the acts of annexation made thereupon of before, and where lawful dissolution of the said annexation was not made by our said late dearest mother and her three estates in parliament in her own time, to the effect that the same shall be of no value in time coming after the date hereof. And likewise, we revoke, annul and retreat all and sundry infeftments, charters, gifts, donations, alienations and dispositions, whatsoever fees and pensions conveyed by us of our said annexed own proper lands at any time preceding in our minority and less age, except the fees and pensions conveyed to the officers of our crown, their deputes and clerks, as hereafter shall be excepted. Reserving always out of this our revocation the half lands of Easter Aberlednock, set in feu ferm in our minority to our trusty servant Sir John Murray of Tullibardine, knight, one of our masters of household; and likewise reserving out of this our revocation all and whole the lands of Knoktim, Kildarroch, Kirriereoch and five merk land of Kirrieburn, lying within the sheriffdom of Wigtown, old kindly possessions to Sir Patrick Vans of Barnbarroch, knight, so that he and his heirs may possess the same, according to his infeftment thereof dated at Holyroodhouse, 20 November 1582.
Item, we revoke all alienations and dispositions whatsoever of any rents, lands or heritages annexed to the principality or to the prince, who is always second person of this realm, made by us or any our predecessors to the prejudice and hurt of the prince, second person aforesaid.
Item, we revoke, abrogate, annul and retreat all infeftments, donations, alienations and dispositions granted by us, our regents and governors for the time in our minority and less age, to whatsoever person or persons in fee, feu ferm, liferent or otherwise of all other lands, rents, annualrents and revenues not annexed to our crown, which our late dearest mother had in her possession before our coronation, and of all offices, such as chamberlainries and bailiaries, and of the office of customs inspector made for more years than from exchequer, until the account be made in the exchequer after-following, constabularies and bailiaries of our proper lands and castles. And also we revoke and annul all rentals, assedations and tacks of our proper lands and rents made by us, our governors and regents in our minority above the space of five years.
Item, we revoke, retreat, rescind and annul all and whatsoever infeftments or rentals of feu ferm of whatsoever our proper lands annexed to our crown made to whatsoever persons by us in our minority or by our predecessors heretofore, which are made in diminution of our rental and hurt of our patrimony where the diminution may be verified and proven.
Item, we revoke, rescind, retreat and annul all and whatsoever infeftments, dispositions and alienations made by us, our governors and regents in our minority, or by any of our predecessors in their times, of the feu ferm victual of any lands and lordships pertaining to our crown which were lawfully set in feu before for payment of feu ferm victual; and the same feu ferm victual is set in feu thereafter for silver payment, because the feuing of the feu ferm is clearly understood to be to the great abuse, hurt and diminution of our patrimony and rent.
Item, we revoke all infeftments, alienations and dispositions made to whatsoever persons of our castles and houses, the places and rooms whereupon our castles and houses were situated and now are demolished in our mi[nority] and less age; and likewise all infeftments, alienations and dispositions of whatsoever our meadows, woods and parks, with all tacks, assedations and other dispositions thereof set by us, our regents and governors in our minority as said is.
Item, we revoke all and sundry infeftments, alienations, gifts and dispositions whatsoever made by us, our governors and regents in our minority, to whatsoever persons in fee, feu ferm or liferent of all lands and annualrents which became in our hands as property by right of our crown through bastardy, or we, being last heir by reason of recognition, forfeiture or otherwise, with all confirmations, if any be granted, in parliament thereupon, that the said lands may return in property to us and our successors in time coming. And nevertheless, by this head and article of this present revocation, we declare, decree and ordain that none of the lordships, lands and baronies that become in our hands by reason of the forfeitures which were retreated and rescinded by the pacification concluded at Perth on 23 February 1572 [1573] and ratified and approved in our parliament held at Holyroodhouse on 30 April 1573, and by the pacification made in our parliament held at Linlithgow, in the great hall of the palace thereof, 10 December 1585, shall abide and remain with us and our successors, but the same shall return to the righteous heritors thereof and others having entry to the same, likewise as if the said forfeitures had never been led; and to that effect, we presently dissolve the annexation of all lands united to our crown and alleged to have fallen in our hands by reason of the said forfeitures which are retreated as said is, and likewise we rescind the annexations made in our dearest grandfather's time of all lands that came in his hands or by the hands of his predecessors by whatsoever process of forfeiture where the said forfeiture is reduced and declared to be of no value.
Item, we revoke all tailzies made by us in our minority and less age from the heirs general to the male heirs of any lands within our realm against the law and good conscience where the said lands were conveyed before to the heirs whatsoever, and the said infeftments changed by resignation in the same person and to his male heirs. And we declare that new conquest, tailzied in our said minority and less age, shall in no way come under this our revocation because it is not against conscience that any person who acquires the right of any heritable lands may take the same to such heirs as he pleases.
Item, we revoke, rescind and retreat all new infeftments given by us or any of our said governors and regents in our minority of any lands and lordships in blench ferm that were held of us and our predecessors before by service of ward and relief, without prejudice always to the heritable possessors that they shall possess their said lands heritably as they were held before the said infeftments made in our minority.
Item, we revoke all regalities and confirmations of regalities given by us in our minority and less age, or any our predecessors before, against the acts and statutes that no regality should be given in heritage without the advice and deliberation of the whole parliament. And likewise we revoke all gifts and infeftments of whatsoever offices given heritably to whatsoever persons by us, our governors and regents in our minority and less age as said is.
Item, we revoke all new creations of lands, baronies, annexations and unions of diverse lands in fee which are made in our minority in prejudice of our due service owed to us and our progenitors of before. And likewise we revoke all discharges given by us in our said minority of service of suits of courts owed of old to our progenitors aforesaid.
Item, we revoke all new infeftments made and given in our said minority of creation of baronies in the lands and lordships annexed to our crown.
Item, we revoke all infeftments, gifts and dispositions whatsoever set, given and granted by us in our minority to whatsoever person or persons in fee, feu ferm or liferent of whatsoever hospitals, maison-dieus, lands or rents appertaining thereto, in hurt and prejudice of our conscience, to the end that the said hospitals may be reduced to their first institution for upholding of the poor, providing always that the rents of the hospital of the Trinity College beside the burgh of Edinburgh, which is now decayed, assigned and given to the new hospital erected by the provost, bailies and council of the burgh of Edinburgh, be in no way comprehended under this present revocation.
Item, it is always understood, likewise we by this act declare, that the tenantries held of other superiors coming in our hands by escheat, as last heir, by forfeiture standing or by bastardy, the presentations or infeftments following thereupon, comes not under our revocation because the same being casualties could not remain in our hands in prejudice of the superiors of the said tenantries, but of necessity it behoved us to present heritable tenants to the superiors of the same.
Item, we have deeply considered the estate of casualties daily given and conveyed through importunity of askers in such excessive manner that it is difficult to maintain the daily and ordinary expenses of our estate and crown, albeit the occasion of charges hereupon continually increases; and we and our estates, considering that our casualties ought not to be so disorderly and inconsiderately conveyed at the importunate suit of all askers, but our commodity made thereof and such discretion had in disposition of the same as we may continually live upon our own, therefore, we, with advice of our said three 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 treasurers present and to come of all payment making of the said fees, pensions, wages, livings and others things appointed to be paid out of our casualties of the term of Whitsunday [4 June] last or thereafter in time coming. Excepting always the fees and pensions given to the ordinary officers of the crown, their deputes and clerks, which we will shall not be comprehended in this our general revocation: they are to say, the fees and pensions given and assigned to our treasurer, his depute and clerk, to our secretary and his depute, our collector and his clerk and procurator, our justice clerk and their deputes, advocate, procurator for the poor, master of requests, our clerk register, director of the chancellery and writer of the rolls, which we decree and declare shall stand in force and effect, notwithstanding this our present revocation.
Item, we revoke, retreat, abrogate and annul all and whatsoever gifts, pensions and free discharges of the thirds of benefices within our realm granted since our coronation by us, our governors and regents in our minority and less age, and we decree the same to be of no value in all time hereafter. And likewise we revoke all tacks of the thirds of benefices set by us in our minority and less age, whereby the duty is diminished or where we have set the whole benefice in diminution of the third thereof, and we protest that whatsoever we have done to the detriment, hurt and prejudice of our third and of the ministry in our minority and less age, that the same may be reduced according to the law.
Item, we revoke all and whatsoever infeftments made by us in our minority, our governors and regents in our name, of any kirklands, friars' lands, nuns' lands, or common lands which in any way fell and came in or hands as our property; except the infeftments made by our late dearest mother and us for erection and sustenance of hospitals and ministers within burghs where there is no assignation nor stipend allowed out of the thirds of benefices for sustenance of the masters thereof.
Item, we revoke all tacks, assedations and other dispositions whatsoever of any common kirks within our realm made by us in any time past, to the effect that the same may return to us to the time that further order be taken; providing always that at the said common kirks there shall be ministers appointed to serve and make residence and shall be sustained of the readiest fruits thereof accordingly as shall be modified.
Item, we revoke all gifts of monks' portions, first fruits or fifth penny of any benefices whereunto we have right by our acts of parliament made of before thereupon.
Item, we revoke all gifts and infeftments made by us in our minority of whatsoever advocation, donation and right of patronage given or annexed to any lordship, land or barony where the said patronage, advocation, donation of benefice pertained not of right of before and which takes the beginning and ground from our gift and infeftment thereof made in our minority as said is, by this clause of novodamus where the purchasers of the said infeftment had no right to the said patronage, advocation and donation before.
Item, we revoke all gifts of surplus and omitted of the fruits of benefices given and conveyed by us, our governors and regents in our name, in our minority.
And generally we revoke, abrogate, annul, retreat and rescind all and whatsoever things done by us, our governors and regents of our realm in our minority and less age, in detriment and hurt of our soul and conscience, hurting of the privilege of our crown, prejudicial to the same, and to us in our patrimony of the same, and what the law and custom of our realm leaves us to revoke. And this our revocation we ordain to be of as great effect and as largely extended in general and in specially as any revocation made by our progenitors before the date hereof, and specially the revocation made by or late dearest mother, our late dearest grandfather King James V of good memory, and his predecessors whatsoever, contained in our books of parliament, which in all heads, clauses and circumstances thereof we hold as herein expressed. And also we ordain and decree this our said revocation to be simple and absolute without any exception, restriction or limitation to be admitted against the same further than therein is contained, and to that effect, we annul and rescind whatsoever exceptions made in favour of whatsoever persons in any of our revocations made in parliament or otherwise at any time preceding the date hereof.
And we solemnly swear, in presence of our said three estates, by our great oath presently given at this our first parliament held after our perfect age of 21 years complete, and as we were obliged to have done in case we had been of perfect age at our coronation, that we shall faithfully observe and keep the statute and act of parliament made in the days of our most noble predecessor King James II, concerning the keeping and retaining of the lands, lordships and baronies annexed to the patrimony of the crown in all points and clauses thereof.
Also we protest by this act that if it shall happen us for any respect or consideration to suffer any person or persons to use or possess any privileges or possessions, lands, rents and offices which are fallen under our revocation, it shall make no right to the users nor holders thereof, but it shall be lawful to us and our successors to put our hands thereto whenever it shall please us by virtue of this our revocation, acts and customs of our realm made of before, without any obstacle, impediment or contradiction.
[1587/7/25]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of this present parliament, having considered the act made in the parliament held at Edinburgh on 22 May 1584, concerning deprivation of persons provided to benefices of cure under prelacies for non-residence at the kirks of their benefices, and that it should be accounted non-residence to be absent from their function four Sundays in the year, by which act commission is granted to certain ecclesiastical persons mentioned therein to call and convene before them the persons dilated and suspected as non-residents, or for other causes mentioned in the said act, which necessarily requiring explanation for diverse questions and doubts daily falling out thereupon, therefore declares, statutes and ordains that the said act and commission directed thereupon is, nor at no time hereafter shall be, extended against any of the lords of secret council or senators of the college of justice or their members occupied or daily attending on his highness's necessary service, or against any persons being out of the realm by his highness's licence and employed in his special service during the time of their absence (which notwithstanding shall be obliged and held to sustain qualified ministers at their kirks in their absence). Neither shall the said act and commission be extended against such persons as were provided to benefices of cure under prelacies being lay patronages before the making of the said act of deprivation for non-residence and other causes specified therein, but that the whole persons possessing benefices in cases before declared shall enjoy and possess their benefices during their lifetimes, sustaining the ministry according to such order as is taken or shall be taken thereupon as if the said act and commission had not been granted, and that always such persons as have received benefices and been given collation on condition to serve in the function of the ministry and to make residence and yet fails therein, shall be subject to the judgement of the said act and commission.
[1587/7/26]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now being of lawful and perfect age, and considering the decay of the form, honour and majesty of his supreme court of parliament by occasion of the troubles that have occurred since the decease of his dearest grandfather, King James V of worthy memory, and willing to restore the same to the ancient order, dignity and integrity, has thought expedient and, by advice of his three estates assembled in this present parliament, statutes and ordains as follows:
That there shall be no confusion of persons of the three estates: that is to say, no one person shall take upon him the function, office or place of all the three estates or of two of them, but shall only occupy the place of that self estate wherein he commonly professes himself to live and whereof he takes his style.
That in case any earl, lord or baron of parliament, prelate or burgh, being lawfully warned, absents themselves from parliament without lawful and sufficient excuse admitted and allowed by the lords [of the] articles, our sovereign lord and his three estates presently convened, have ordained and ordain that a pecuniary pain shall be modified and taken off every one of the non-compearers in manner following: that is to say, off every earl, £300; off every lord, £200; off every prelate, £100; and off every burgh, 100 merks. And that such as accompanies not the king's majesty on horseback decently with foot mantles from his highness's palace to the parliament house shall be reputed for absence and incur the same pains as if they were absent; and letters shall be direct to poind and distrenzie their lands or goods for that, or to pay the same within ten days under the pain of rebellion; and if they fail, to put them to the horn, that the same pains may be brought in to our sovereign lord's use.
If any of the ordinary heralds, pursuivants, macers or trumpets shall be noted absent from the parliament, or, being present, performs not that which becomes them of duties (without lawful excuse made and allowed, as said is), every one of them being noted shall omit and lose a year's fee for the first fault and for the second fault shall be deprived.
That every estate shall have their several apparel in seemly fashion, according to the patron thereof, which the king's majesty shall cause make and command to be observed under the pain of £200 of the person failing and debarring of them out of the parliament house.
Item, that the number of the lords of articles be equal in each estate, and that the fewest number of every estate be six and the most number ten.
Item, that no advocate nor prolocutor be in any way stopped to compear, defend and reason for any person accused in parliament for treason or otherwise, but that whatsoever party accused shall have full liberty to provide himself of advocates and prolocutors in competent number to defend his life, honour and land against whatsoever accusation, seeing the intenting thereof should not prejudice the party of all lawful defences, as if it were for confession that the accusation were true, annulling all acts made in the contrary hereof of before.
No forfeitures lawfully and orderly led in parliament, nor any decisions passed in parliament between party and party by process after cognition of the cause, shall be called into question by any inferior judge.
And our sovereign lord, with advice aforesaid, declares, statutes and ordains that the order above-written shall be inviolably observed in all time coming as the necessary and lawful form of all parliaments, and faithfully promises to do or command nothing which may directly or indirectly prejudice the liberty of free voting and reasoning of the said estates or any of them in any time coming.
[1587/7/27]*[print] [email] [cite] [preceding] [following]
†Forasmuch as in diverse parliaments held by our sovereign lord and his most noble progenitors sundry questions have been amongst noblemen and others of the estates for priority of places and votes in parliament, and thereupon sometimes quarreling, to the disturbance of the supreme court of parliament which ought to proceed with greatest honour and quietness; for remedy whereof in times coming, it is statute and ordained by our sovereign lord, with advice of his three estates of this present parliament, that none of his estates shall presume in time coming to make quarrel or provocation of trouble to others for priority of places or votes in parliament otherwise than by supplication, and content them with the order and direction of his highness and his said estates until their final decision of controversy, under the pain to be reputed and held as disturbers of the public peace and quietness of the realm and to be grievously punished for that at the discretion of his highness and lords of the articles assembled at that parliament.
[1587/7/28]*[print] [email] [cite] [preceding] [following]
†The king's majesty and three estates of this present parliament give, grant and commit full power and commission to his right trusty cousins, councillors and others underwritten, namely, Archibald [Douglas], earl of Angus, lord Douglas and Abernethy, George [Keith], earl Marischal, lord Keith, Robert [Boyd], lord Boyd, Adam [Bothwell], bishop of Orkney, Master Thomas Lyon of Baldukie, master of Glamis, treasurer, Sir John Maitland of Thirlestane, knight, secretary and vice chancellor, Robert [Keith], commendator of Deer, Sir Lewis Bellenden of Auchnoull, knight, justice clerk, and Alexander Hay of Easter Kennet, clerk register, or any four of them, the said Earl Marischal always being one, to convene, taking with them lyon king of arms or such other heralds as they shall think suitable to call to them, and to consult, try and give their advice, subscribed with their hands, how all the estates of this realm should ride from the king's palace to the parliament house in time of parliament, and toward their sitting and voting for eschewing of the like contention as has occurred in time past. And to that effect, his highness and his said estates give and grant full power and commission to the said noblemen and others above-written, or any four of them, with the said Earl Marischal, to raise letters or direct precepts charging all and sundry earls, lords, barons, prelates and burghs claiming vote in parliament, to bring and produce before them at such days and places as they shall appoint their infeftments, evidences and all other testimonies whereby they claim their dignity, priority and prerogative in parliament, with certification to them that compears not, the said commissioners will compear and administer justice to the compearers according to the age of their said evidences and other reasons and occasions moving them, and the non-compearers to be left last in the roll.
[1587/7/29]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates assembled in this present parliament, statutes and ordains that his highness's privy council in time coming shall consist of the number of [...]† persons and not exceed the same: they are to say, of noblemen and prelates to be always of the said privy council when they happen to be present or are sent for by his highness, sixteen, namely, [John Hamilton], lord Hamilton, the earls [Archibald Douglas, earl of] Angus, [George Gordon, earl of] Huntly, [David Lindsay, earl of] Crawford, [Francis Hay, earl of] Erroll, [George Keith, earl] Marischal, [Francis Stewart, earl of] Bothwell, [John Graham, earl of] Montrose, [John Erskine, earl of] Mar and [Andrew Leslie, earl of] Rothes, [Patrick Adamson], archbishop of St Andrews, [Peter Rollock], bishop of Dunkeld, the lords [James Stewart, lord] Doune and [William Maxwell, lord] Herries, the commendators [Claud Hamilton, commendator of] Paisley and [Alexander Seton, commendator of] Pluscarden. And these other persons after-mentioned to be of his highness's ordinary and daily privy council: they are to say, [Adam Bothwell], bishop of Orkney, [Alexander Colville], commendator of Culross, [James Meldrum], laird of Seggie and [James Home], laird of Cowdenknowes, captain of the castle of Edinburgh, and [...]† more whom his majesty shall please elect, nominate and add hereafter, with the officers of the estate underwritten, namely, [John Maitland of Thirlestane], chancellor, who is also secretary, [Thomas Lyon of Baldukie], treasurer, [John Seton of Barns], comptroller, [Robert Douglas, provost of Lincluden], collector, [Walter Stewart, prior of Blantyre], lord keeper of the privy seal, [Mark Kerr, commendator of Newbattle], master of requests, [Sir Lewis Bellenden of Auchnoull], justice clerk, [David MacGill of Nisbet and Cranstoun-Riddel], advocate, [Andrew Melville of Murdocairnie], treasurer depute, and [Alexander Hay of Easter Kennet], clerk register, of the which, five at the least to be present at the hearing or ordering of any matter where an act or decreet shall happen to be made; and that none presume nor take upon hand to abide in the council house during the time that the council sits but the lords and other councillors nominated and admitted by his majesty, not exceeding the number above-written, nor that none intrude himself to be one of the number of the said privy council, unless he be an earl, lord of parliament, knight or one of the senators of the college of justice, and that after the death and deprivation of one of the persons above-written and in no other way; nor that no persons remain in the council house in the time of the sitting thereof but the said lord and councillors, the clerk of the council, the secretary's deputes and the depute of the master of requests without his majesty's special leave, under the pain of reproof and incurring of his majesty's indignation; and that nothing subscribed by his majesty be a sufficient warrant to the signet, privy or great seals, nor in any other judgement nor account, wherever the same is presented, until the same be subscribed by that officer to whose charge and office properly it appertains; certifying those that do in the contrary, they shall answer thereupon at their highest charge and peril.
[1587/7/30]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now being of his perfect age of 21 years complete, with advice and consent of the three estates of this present parliament, has ratified and approved and, by the tenor hereof, ratifies and approves of new all acts and constitutions of parliament made by whatsoever his highness's predecessors of before in favour of the senators of the college of justice, their members and officers, with all privileges, freedoms, immunities and liberties granted and given to them, and specially the institution, privileges and commodities granted to the college of justice by our sovereign lord's grandfather King James V. Item, the gift given them of the quots of all testaments and power and jurisdiction over the whole commissaries within this realm, the privilege and power granted to them to elect and choose a president most apt and worthy thereof out of their whole number; and decrees and declares the same to have full strength, force and effect in all times hereafter, so that the same may be put to full and due execution in all points and to stand as perpetual laws to them and their successors.
[1587/7/31]*[print] [email] [cite] [preceding] [following]
†Concerning the proposition made on the behalf of the ordinary senators of the college of justice, that their privileges and immunities may be continued and stand in their favour when they shall be aged and unable to attend ordinarily in the session, our sovereign lord, now after his lawful and perfect age of 21 years complete, with advice and consent of his three estates in parliament, wills, grants and declares that the absence of any of the ordinary senators of the college of justice (how soon they shall be found by a sufficient number of the lords aged and unable to make continual residence) shall in no way be hurtful or prejudicial to them towards their places, livings and enjoying of all privileges which they have had through their being of the ordinary number of the said college; and ordains the lords of council and session now being, or that shall happen to be for the time, upon the nomination and recommendation of our sovereign lord or his successors, to receive, place and admit other qualified persons in the ordinary places of the said aged and diseased senators during their absence, reserving always to them during their lifetimes their places and votes in council and session when they may be able to ride or shall happen to be present, with all rights, commodities, privileges and immunities which they, as senators ordinary, had in time past, so that they may use and possess all their benefices (under prelacies) free, without payment of any thirds, taxations or other charges during their lifetimes, since order is to be taken concerning the sustenance of the ministry of the kirks belonging to their benefices as others of the spiritual estate of the lords of session; and when they are present, that the other persons which shall be appointed to supply their absences give place to them so long as they are present.
[1587/7/32]*[print] [email] [cite] [preceding] [following]
†The which day, concerning the supplication presented to our sovereign lord and three estates in the parliament by Master Alexander Dunbar, dean of Moray, one of the senators ordinary of his highness's college of justice, making mention that in the time of his highness's late dearest grandmother, Mary [of Guise], queen dowager and regent of this realm for the time of good memory, he was one of the ordinaries of the college aforesaid and has continued therein more than the space of 25 years past, as well during that time as the time of [Mary], his majesty's dearest mother, and since in his highness's own time as his majesty's most constant, faithful and affectionate subject; and through his long and continual travail, being now of good age, he is become subject to sundry infirmities of his person so he is not able to continue in the service, howbeit goodwill lacks not. Most humbly, therefore, beseeching his majesty and estates to have consideration of his long service and present inability, and therefore that he may possess his benefice without payment of any thirds during his lifetime, enjoying thereby the privilege and immunities sustaining the ministers thereat as he has done in times past, and with that desiring his majesty most humbly in case his inability continue that his absence be not imputed to him nor he have loss thereby in his living or place, or otherwise that a qualified man be nominated in his place for administration of justice, reserving to him all privileges and immunities for his long service, as the said supplication purports. Our sovereign lord, now after his perfect age of 21 years complete, with advice and consent of his said three estates, understanding the desire of the said supplication to be reasonable, therefore wills and grants that the absence of the said Master Alexander from his place in session any time shall in no way be hurtful or prejudicial to him toward his said place and living and enjoying of all privileges which he has had in times past, so long as he at any time may be able to travail and occupy his place aforesaid; and what time his infirmity and inability be such that he becomes altogether unable and may not occupy the same, ordains then the lords commissioners to place another qualified person [in]† his place, according to the commission to be directed by our sovereign lord thereupon; reserving always to the said Master Alexander, in consideration of his age and long service, all privileges and immunities which he, as one of the said senators ordinary, has had in times past, so that he may use and possess all his benefices without payment of any thirds during his lifetime, seeing order is taken concerning the sustenance of the ministers of the kirks belonging to his benefice being of the spiritual estate under prelacies.
[1587/7/33]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates convened in this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the act of the lords of council and session made concerning proceeding in causes of molestation, and ordain the same to take full effect and execution in time coming as a most necessary and profitable law to all his highness's subjects, and the said whole act to be inserted in the books of parliament, of the which act the tenor follows:
At Edinburgh, the [...] day of [...] the year of God 15[...] years. Forasmuch as the multitude of actions before the lords of session impedes greatly the ordinary course of justice in weighty causes of heritage and other matters of great importance, which are most proper to be decided by the said lords of session, and the greatest hindrance and impediment proceeds from the great number of actions of molestation and troubling in the possession of properties and communities, which were accustomed of old to be decided by the sheriffs of every shire, bailies of regalities and other ordinary judges where the lands lie and by the determination of an assize of the best and worthiest of the country; and the said lords, by daily experience understanding perfectly what stop and hindrance the said matters possessory are to the expedition of other weighty causes, how sumptuous such processes are to the parties by bringing of the witnesses out of the far parts of this realm for verifying of the summons or exception admitted by either party in the said matters, and yet the truth of the case is not thereby sufficiently tried, partly by the abuse of the witnesses and partly because it is not possible to the said lords of session to try the verity so well by examination of the witnesses before them as the sheriff and his deputes may try the same by an inquest of the best and worthiest upon the ground; for the which causes, the said lords of session have thought suitable and expedient, statute and ordain that all matters of molestation and troubling in properties and communities consisting in the possessor to be intended hereafter or already intented, wherein no litiscontestation is made, shall be remitted to the sheriff of the shire, bailies of regalities and other inferior ordinary judges where the lands upon the which question shall be moved lie. And to that effect, whenever any party shall submit themselves to the said lords upon troubling or molestation committed upon properties or commonties, the lords, by their deliverance, shall direct letters ordaining the said inferior ordinary judges to take cognition therein upon summons or precepts to be directed upon 15 days' warning, and the courts following to be continued from eight days to eight days at the longest, or shorter, as the cause shall require, at the discretion of the judge; which cognition shall be taken by this order: first, that the parties' defences shall be lawfully discussed in the place where said inferior ordinary judges used to sit or that shall be appointed to them by the said lords of council, and if the defences be all rejected, that the said judges, after the production of the parties' rights consisting in writ, shall put the whole other points of the summons or exception which shall be admitted, so much thereof as by the order observed before might or should have been proven by witnesses, to the knowledge of a condign inquest, to be elected and chosen of persons least suspected and that best know the verity to a sufficient number, the most part whereof shall be landed men having at the least four ploughs of land or 300 merks of yearly rent unredeemable and other substantial, reputable and honest yeomen, which persons shall be taken and chosen in parishes where the said lands debatable lie, if a sufficient number may be found there, and failing thereof, of the nearest parishioners adjacent, admitting always all objections competent against their persons according to the law; which persons of inquest, after they be lawfully sworn and admitted, shall have power to inspect the ground if they think it expedient and take all other trial as they shall think good upon their oath and conscience, and shall return their answer to the judge upon the truth and verity of the claim or exception admitted, and that in face of judgement that the said judge ordinary thereafter may give his sentence definitive upon the said debates. And if the said persons of inquest commit error in their said determinations, they shall be called, accused and punished for that under pain of judgement rashly upon assize in their persons and goods according to the ancient laws of this realm and custom observed within the same. And if it happens mutual pursuit, convention or reconvention on either side to be intended, both the parties doing their due diligence by intending and pursuing of their actions henceforth before litiscontestation made by either of them, and all their reasons and allegations in the law being produced before the matter be put to the knowledge of an inquest, the judge shall proceed in them both of equal space, and shall remit the heads and articles of the claim, precepts, summons or exception which consist in fact and were accustomed to be verified by witnesses to the determination of an assize, which shall take cognition in both the causes where they cannot be divided, and the equal half of the said assize shall be taken of the persons summoned for either of the said parties. And if the number of the half of the assize may not be had of the number summoned by either of the parties, in that case the judge shall take so many as wants of other sufficient assizers, albeit they be not summoned by either of the parties, the same persons being always landed men or being substantial, reputable and honest yeomen as said is; and the arbitrator shall be chosen by drawing lots. And where it shall happen the sheriff of the shire, bailie of regality or other inferior judge ordinary to be suspected and unable to judge the said causes for deadly feud and other reasons which may decline the judge or the place of judgement to be incompetent, that thereto the party cannot have sure access for his pursuit and defence, in that case, the matter being submitted to the said lords and found and declared by them, the other party being lawfully summoned, they shall appoint unsuspected judges and a place competent for the said cognitions and determination for the causes aforesaid by commission, by their act and ordinance or under the testimonial of the great seal by their deliverance; and the said judges to be appointed shall, at the acceptance of the said commissions upon them, make faith not only that they shall duly and lawfully administer justice in the said matters, lend that they have not taken nor shall not take any reward, profit or good deed from any of the parties and that they have not made nor shall not make pact or contract with any of them for any certain sum before the lawsuit be intented or during the dependence thereof; and the oath of the said judges to be taken before the recompense of their just travail to be modified by two of the lords of session before the pronunciation of the decreet in the said matters, which shall be paid to them before the giving of the decreet aforesaid or at the acceptance of the commission upon their supplication; the party, obtainer thereof, shall make the first payment, but shall have the same modified to be repaid to him by him that loses the lawsuit, if it be found that he has litigated rashly, with the other expenses to be sustained by him in the recovery of the said decreet. Nevertheless, if the persons to be appointed judges to the said causes shall happen to be drawn from their own dwelling house or places to the ground of the land or other place where justice shall be administered in the said matters, the party who shall require them thereto shall make the expenses for their voyage in going, abiding and returning, which shall not be imputed to the judges as any fault before the lords of council or before the nearest judge adjacent to the lands, who shall have power of the said lords to that effect by the said commission and inserted therein. And because sometimes the question falls out between possessors of lands lying contiguously and yet in diverse sheriffdoms, and at sometimes the one land lying within the royalty and the other within the regality, that in the first case, the sheriff of one of the shires, and in the second case, neither the sheriff nor bailie of regality may be judges competent to both the actions, therefore when such cases occur, the lords upon the complaint of the party having interest shall appoint judges unsuspected with a competent place, keeping and observing in all other circumstances the order above-written. And further, the said lords declare that this act and ordinance in no way hurt nor prejudice the lords of session and college of justice and their members; but that they have and shall use their privilege to pursue their actions before the said lords or other ordinary judges according to the old accustomed use, used and accustomed before the making of this act.
[1587/7/34]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord and three estates, understanding that the most part of the lieges of this realm are becoming wilful, obstinate and malicious litigants, so that they will not be content to pay and satisfy their creditors of such debts as they ought justly to them and do and fulfil all manner of lawful deeds whereunto they are specially obliged, without calling and compulsion of the law and extremity thereof, therefore statute and ordain that the party against whom decreet be given concerning liquid sums before the lords of session shall pay to the said lords 12d of every £1 appropriate to that which is recovered and obtained before them; and in all decreets consisting in fact, he who loses the lawsuit shall content and pay to the said lords the sum of £5 money and also the expenses of the party, obtainer of the decreet, at the modification of the judge; and ordain the same form and order to be observed herein as has been kept by the said lords in taking up of 40s off each decreet of before.
[1587/7/35]*[print] [email] [cite] [preceding] [following]
†Forasmuch as by act of our sovereign lord's last parliament held at Linlithgow, it is statute and ordained that the session and college of justice shall begin their sitting, calling and administration of justice after the great vacation of harvest upon 1 November yearly, and shall sit thereafter every day, the Sundays excepted, until 1 March next thereafter, and that the whole month of March shall be vacation for the oat seed; thereafter, the session to begin and sit the whole month of April, the Sundays excepted, and at the end thereof to rise and vacation to be for the barley seed during the month of May, and thereafter to convene and sit down again continually, the Sundays excepted, from 30 May until 15 August, dispensing with all other diets and times appointed in time past by the institution of the college of justice or whatsoever other acts heretofore made concerning that like, as at more length is contained in the said act of parliament. To the making whereof, albeit undoubtedly there has been most necessary respects appointing some space of vacancy for the sowing as there is for the shearing, yet the said only month of April interjected between March and May for sitting of the session has now by experience proven somewhat tending to the hindrance of his majesty's whole subjects and to the senators of the college of justice, who find difficulty and inconvenience in their often travelling to and from their dwelling places, desiring to have the whole space of the sitting of the college of justice divided in two times, the one in the summer and the other in the winter season; as also two times of vacation, the one in the sowing and the other in the shearing season. And yet willing that there shall be no fewer sitting days of the said college of justice than was of before, by order of the said last act of parliament, therefore our said sovereign lord, with advice and consent of the estates of this present parliament, statutes and ordains that the session and lords of the said college of justice beginning their judgement and sitting yearly on 1 November as said is, shall sit and do justice continuously thereafter every day, the Sundays excepted, until 15 March next thereafter, after the which 15 March, they shall rise and vacation to be until 15 May next thereafter exclusive, and thereafter to convene and sit continuously, the Sundays excepted, until 15 August next following, dispensing as of before with all other diets and times appointed in time past by institution of the said college of justice or whatsoever acts heretofore made thereupon.
[1587/7/36]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates assembled in this present parliament, has remitted and remits the articles and supplications after-specified to the lords of his highness's council and session, requiring them, by themselves and such advocates as they think suitable to call to them, to advise and consider upon the same articles and supplications: they are to say, an article for the better execution of decreets; an act in favour of pupils and idiots; concerning the interpretation of the act of parliament for writs of importance; concerning assizes in perambulations; concerning slaughter of parties at the horn; concerning the poor litigants in the law and their oppression of the country; an article against advocations; an article concerning James Murray, brother to the Laird of Polmaise; an article concerning poinding in stolen goods; the supplication of the burgh of Dundee against the burgh of Perth touching the priority of vote and place in parliament between them; a supplication concerning the archdeanery of Shetland to the session and other judges competent; and whatsoever thing the said lords of council and session ordain to be done in the said articles and supplications, or any of them, the same to have like effect, force and execution in time coming as if it were done, statute and ordained by the whole estates in this present parliament.
[1587/7/37]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates of parliament, understanding that there are diverse actions and causes of plunder and ejection and others of that nature pursued before the lords of session, against the which it is excepted that the same is committed within the time limited within the act of oblivion and therefore should be remitted to the lords, interpreters thereof, which exception is often and diverse times admitted, through which and in respect that the whole lords, interpreters of the said act (except only Master James Haliburton, tutor of Pitcur, provost of Dundee, and John Erskine of Dun, provost of Montrose), are departed this present life, the said parties are delayed of process, to the great hindrance of justice; therefore, our said sovereign lord, with advice of his highness's three estates of this parliament, statutes and ordains that the lords of council and session shall in all time coming be judges ordinary to the interpretation of the said act of oblivion, and parties complaining to institute, pursue and give in their libels and supplications thereupon to them, and as they determine and decree in the said matters, to be as effectual as if they had first been appointed ordinary judges to the said causes by the aforesaid act of oblivion; providing always there be nine ordinaries of the said lords of session at the giving and pronouncing of each decreet and interlocutor in the aforesaid causes, likewise as they observe in all other matters and actions depending before them.
[1587/7/38]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates assembled in this present parliament, has remitted and remits the articles and supplications after-specified to the lords of his highness's secret council: they are to say, an article craving commission to be given to the young Laird of Foulis and Andrew Munro of Dawcharty for doing justice upon the slayers of young salmon, black fish and fry of all other kind of fish upon the waters and rivers of Killisochell, Abortayne, Shin, Cassley, Oykel, Evayne, Calinsaik, Aferon, Skeak and Alegrand within Ross and Sutherland; an article presented by the town of Dumfries concerning a new fair and certain other privileges to be granted to them; two supplications of the burgh of Forres; and whatever the said lords of secret council shall think expedient and ordain to be done in the premises, the same shall have like effect, force and execution as if the same were done, statute and ordained in this present parliament.
[1587/7/39]*[print] [email] [cite] [preceding] [following]
†Forasmuch as the king's majesty and estates of parliament, considering the great fraud used by diverse notaries in the office of notary within this realm, the hurt and harm coming thereupon to his highness's lieges, and that many persons within these few years being admitted to the office of notary with over slender trial taken of their knowledge and qualification, and they being for the most part ignorant of the common course of the law, form and practice which orderly ought to be observed in making of their instruments, contracts and other writs, titles and securities, not knowing what may stand by law, order and practice observed within this realm and what not, has generated and daily generates many lawsuits, questions and controversies amongst his highness's lieges, bringing them in great trouble charges and expenses; for remedy whereof, it is statute and ordained by his majesty, with advice of the three estates of this present parliament, that all admission of notaries in time coming cease and stay for the space of five years next after the date of this act, and that none be admitted notaries thereafter unless they that have reasonable understanding in the Latin tongue and is at the least congruous, that they have served and been in company with one of the lords of session, commissaries, writers to the signet or some of the sheriff, stewart or bailie clerks of the shire or common clerks of the head burghs of this realm and have served them truly the full space of seven years, and report their testimonial of their truth and qualification to be shown to the lords of council in time of their examination, who shall take care in the same examination, by themselves or some of their own clerks or some of the clerks of the signet whom they please call to them for that effect; and specially they shall cause the party desirous to be admitted notary give a present and full proof in their presence of his writing and congruity by forming of some evidence as charter of ward, blench, feu ferm, burgage, mortification or apprising, or of a precept passed on a retour or of clare constat, or of an infeftment of resignation in favour or to remain perpetually, or some instrument of sasine or of a contract, a settlement from the procurator, a tack, a reversion, acquittance, obligation or some other common form of evident, and none to be admitted but by trial and proof in manner aforesaid. And whereas diverse and sundry notaries have been admitted in time past and caution found by them, according to the acts made thereupon, and that the cautioners who become caution for them are for the most part deceased, it is statute and ordained that the bonds and acts of the said cautioners shall extend against their heirs, and that all notaries within this realm shall bring and present their protocol books before the lords of session between this and 1 January 1588, to be examined and considered by the said lords that it may be known how many of their cautioners are alive and how many deceased; and where they are deceased or shall be found by the said lords to be insufficient, that other new and sufficient cautioners be found in place of the cautioners deceased to the contentment of the lords of council. And that such notaries as shall be found altogether ignorant and not worthy for using of that office shall be deprived of all using thereof in time coming. And ordains the sheriff of every shire, bailie of regality, their deputes and other judges ordinary whatsoever to send true report and knowledge to [Alexander Hay of Easter Kennet], clerk register, between this and 1 November 1587 of all persons using the office of notaries within their bounds and jurisdictions; and if any notaries fail in presenting of their protocol books to the effect underwritten, that not only shall they be deprived from the said office and all their instruments which they shall give forth thereafter declared null and to make no faith, but also they shall be called and pursued as transgressors of his majesty's laws and acts of parliament and punished as persons defamed and unworthy to possess office or place of credit thereafter. And further ordains that each cautioner to be found by notaries in time coming for due administration in their offices become obliged in special that their protocol books within 15 days next after their deaths shall be brought to Edinburgh and delivered to the clerk register, or one of his deputes appointed be him to that effect, who shall be held to satisfy the widow, bairns or executors of each notary for the same protocols at the sight and modification of the lords of session, and thereafter the said notaries' books to be retained and kept in our sovereign lord's register and the clerk register and his deputes to be answerable for that and to make the same patent and forthcoming to all our sovereign lord's lieges having interest thereto upon their reasonable expenses.
[1587/7/40]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of parliament, considering how of late years there is entered in the office of arms sundry extraordinary masters and pursuivants and a very great number of messengers, through importune suit of diverse parties, in such a confused and uncertain means that it is become doubtful who are admitted, and how and who deprived or not, or whether their cautioners be living or departed this life; and seeing there was always in times of best government a certain number of officers of arms, it is now therefore thought expedient, statute and ordained that in time coming there shall be only 200 persons wearing and bearing our sovereign lord's arms in the whole bounds of the realm of Scotland, in which number lyon king of arms and his brethren, the ordinary heralds, masters and pursuivants shall be comprehended, being in number seventeen persons, and the remainder to be divided amongst the remaining sheriffdoms of the realm in manner after-following: that is to say, within the sheriffdom of Orkney and Shetland, four; within the sheriffdom of Inverness and Cromarty, ten; within the sheriffdom of Nairn, two, within the sheriffdom of Elgin and Forres, five; within the sheriffdom of Banff, four; within the sheriffdom of Aberdeen, twelve; within the sheriffdom of Kincardine, four; within the sheriffdom of Forfar, ten; within the sheriffdom of Fife, ten; within the sheriffdom of Kinross, two; within the sheriffdom of Clackmannan, two; within the sheriffdom of Perth and stewartries of Menteith and Strathearn, twelve; within the sheriffdom of Stirling, five; within the sheriffdom of Dunbarton, four; within the sheriffdom of Linlithgow, four; within the sheriffdom of Edinburgh principal, twenty-four; within the sheriffdom of Edinburgh and constabulary of Haddington, four; within the sheriffdom of Berwick, four; within the sheriffdom of Roxburgh, eight; within the sheriffdom of Selkirk, two; within the sheriffdom of Peebles, three; within the sheriffdom of Lanark, ten; within the sheriffdom of Renfrew, four; within the sheriffdom of Argyll and Tarbert, four; within the sheriffdom of Bute, two; within the sheriffdom of Ayr, twelve; within the sheriffdom of Wigtown, four; within the sheriffdom of Dumfries and stewartries of Kirkcudbright and Annandale, twelve; and to the effect that the order now appointed may take the better effect, ordain and command lyon king of arms that he in no way receive any manner of persons to the office of messenger in time coming unless it be in the place of one of the persons that shall be thought suitable to be retained after 1 November 1587 by his decease or deprivation, notwithstanding any precept or warrant given or to be given in the contrary; wherein if he fail, he shall incur the indignation of our sovereign lord, and the person so admitted shall have no place to use and exercise the said office nor his executions whatsoever shall in no way be valid in judgement or outwith. And for trial which of the persons now occupying the office of messenger are worthy and suitable to be retained in that office during their lifetimes, our sovereign lord ordains letters to be directed to the commissioners nominated by his highness in the shires, who convening in the tolbooth of the head burgh of the shire at the next head court after Michaelmas [29 September] 1587, shall return their advice to the lords of council and session on 1 November 1587 what messengers within every shire (not exceeding the numbers above-written) they think most honest, worthy and able to be retained in the office during their lifetimes or until they be deprived for worthy causes; which persons being thought most suitable to be retained as said is, shall be recommended by the said lords of session to lyon king to be continued in their offices and authorised by him with testimonials of new as found worthy by the judgement of the shire wherein they dwell and recommended by the lords of council and session, and that they have new blazons of silver in a form and quantity in an honest and comely form, seeing the common arms made by messengers in times past were for slender and good cheapness that the greater number of slight men sought to be admitted to that office, which ought in deed to be used by persons of discretion, honesty and credit; that every person so admitted of new shall find good and responsible sureties for observation of the injunctions contained in the end of this present act, under the pain of 500 merks to our sovereign lord's use, with costs, hurt, damage and interest of parties grieved by the falsehood, negligence or informality of any officer; that the names of the persons, as well admitted of new as deposed, be published and imprinted within the space of a month after the said 1 November 1587, that none shall be abused or pretend ignorance in default thereof; and for all complaints to be made to lyon king of arms upon the defaults of officers in time coming, he shall set two peremptory [courts]† in the year to be held in Edinburgh on 6 May and 10 November, if they be lawful, and failing thereof, the next lawful days; and shall summon the party complained upon by his precept, containing the cause of the complaint relevantly libelled, and cause summon the persons accused and his cautioner on 15 days' warning, and deliver them copies, concluding in case the officer be found culpable, not only his deprivation from the office but his cautioner to incur the pain, whereof the third part shall appertain to the said lyon king of arms, for his labours, and that his acting and decreet be formally written and registered and patent to all our sovereign lord's lieges having interest; and likewise letters in accordance with to pass thereupon as upon the decreets of whatsoever judges ordinary within this realm.
[1587/7/41]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord and estates of this present parliament understand great contempt to be done to his highness's laws and great hurt to his lieges be passing of licences and supersederes, which daily used to be granted to such as by themselves or other friends has credit of his majesty, they being at his highness's horn, either for cause of treason or not satisfying of their debt to their creditors or not complying with decreets and charges, therefore our sovereign lord, with advice aforesaid, statutes and ordains that no such licences and supersederes be granted in any time coming; and in case any happens to be purchased, declares the same to be null of the law and not admissable by any judge nor effectual to the purchaser in any way, and ordains all judges within this realm to proceed and do justice to the parties likewise and in the same manner as if the said supersederes had never been purchased nor produced.
[1587/7/42]*[print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice and consent of his three estates, ratifies and approves the act of parliament made at Edinburgh in the year of God 1579 for relief of the labourers of the ground troubled for want of timely teinding of their corns, and ordains the same to be observed and to be put into execution in all points after the form and tenor thereof, with this addition: that it shall be sufficient to all labourers and owners of the corns in time coming to require teinding of the party having the title, tack or right to the said teind sheaves openly in the parish kirk upon two several Sundays before noon after the shearing of the said corns, providing that there be 14 days interjected fully between the day of the first requisition and before it shall be lawful to the owners of the said corns to teind the same and lead the stock from there, in manner contained in the said former act.
[1587/7/43]*[print] [email] [cite] [preceding] [following]
†Forasmuch as the crime of treason is most odious and deserves the highest punishment in all persons culpable thereof, so on the other part the malicious accusers of innocent persons are not to be credited but severely punished, therefore it is statute and ordained by or sovereign lord and three estates of this present parliament that whoever accuses another person of treason, the party calumniated being called, accused and acquitted of the said crime of treason, his accuser shall incur the same crime of treason whereof he accused the other.
[1587/7/44]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained by our sovereign lord and his three estates in this present parliament that in case it shall happen any landed men to be lawfully and orderly convicted of the crimes of common theft, reset of theft or robbery in time coming, they shall incur the crime and pain of treason, that is loss and forfeiture of life, lands and goods.
Item, it is statute and ordained that the murder or slaughter of whatsoever our sovereign lord's lieges where the party slain is under the trusted credit, assurance and power of the slayer, all such murder and slaughter to be committed in time coming after the date hereof, the same being lawfully tried and the person dilated found guilty by an assize thereof, shall be treason, and the persons found culpable shall forfeit life, lands and goods.
[1587/7/45]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice and consent of the three estates of this present parliament, statutes, ordains and declares that whatsoever person or persons in time coming, by any block or bargain upon pledges or annualrents, as well of victual as of money, shall take or receive more for the loan interest profit of yearly annual of £100 money during the whole space of a year than £10 money, five bolls of victual, so of greater or smaller sums proportionally, that all such persons, takers or makers of such blocks and conditions, for greater or more profit, interest, commodity or annual for the space of a year or for longer or shorter space after the proportion of the year than £10† for each £100 by year, shall be held, reputed, pursued and punished as ockerers and usurers and receive and incur punishment and judgement of the same, according to the laws of this realm already made and established thereupon, providing always that this present act of parliament, force and execution thereof in no way shall be extended to any lawful bonds, contracts, obligations, infeftments or other securities whatsoever made upon annualrents of money or victual preceding the date of this act, but they to stand and abide in their own strength and effect in all points, after the form and tenor thereof, as they were made from the beginning.
[1587/7/46]*[print] [email] [cite] [preceding] [following]
†It is statute and ordained by our sovereign lord, with advice of the three estates of this present parliament, that none bearing charge or office within burgh, being merchant importer or partner of the said wines and timber, shall be setters of prices on the same during the time of their office, and thereupon they shall be subject to suffer an assize of their neighbours within 15 days next after the expiring of their offices before the provost and bailies of the burgh to be newly chosen, having the king's commissioner sitting in judgement with them to that effect, without whom it shall not [be]† lawful to proceed, to the effect that justice be not abused and to the effect that certain order may be observed in all time coming concerning the setters of prices of wine and timber and of their number. And for eschewing all deceit and abuses done thereupon, it is statute and ordained that yearly in time coming there be two barons or another two sufficient landed gentlemen nominated at the head court after Michaelmas [29 September] within each sheriffdom of this realm, and other two persons to be yearly nominated at that same time by the king's majesty and his secret council, which four persons shall be all actual inhabitants within the said burghs or at the furthest dwelling within six miles to each burgh, and four burgesses that are known not to exercise nor be partners in such trade of merchandise to be chosen yearly at the said feast of Michaelmas by the council of each free burgh of merchants or craftsmen, each burgh according to their proper custom and privileges presently observed by them in yearly election of their council and officers, which eight persons yearly to be elected and nominated, as is before specified, shall be the only pricers of all wine and timber that comes within this realm hereafter; and that they exercise their said office from the day of their election to that day a year hence only, and that yearly new election be made of such officers to endure no longer but for the space of a year, as is above-written; and ordains each sheriff depute, by himself or his clerk, to intimate and nominate to the council of each burgh the names of the said two barons yearly to be chosen as said is within three days next after each feast of Michaelmas, and the treasurer and his deputes yearly within six days next after each Michaelmas to advertise and certify the council of each free burgh of the king's two commissioners yearly to be nominated by him to that effect, with power and licence to the said four burgesses yearly to be elected, as is above-specified, that in case the said two barons and the king's commissioners being lawfully warned personally or at their dwelling places by the town's officers to repair to the burgh to that effect, and comes not within 48 hours next after their said warning, that then it shall be lawful to the said four burgess of each burgh, by themselves, to set the prices of the said wines and timber and the same power and licence is in like manner granted and permitted to the said four burgesses yearly when it shall happen the king's commissioners and barons not to be elected and duly intimated to the said burghs in manner and at the special times above-specified; and also statutes and ordains that no wines be brought in this country by whatsoever inhabitants thereof without a testification of the price of the same under the town's seal where they were cost, and a testimonial shall be sufficient for the whole wines of each ship and the price to be made of the common prices that wines give the time of their buying thereof.
[1587/7/47]*[print] [email] [cite] [preceding] [following]
†Forasmuch as one of the special causes of dearth proceeds from the exorbitant customs and impositions laid upon victuals, corns and goods coming to markets, free ports or harbours without any warrant and whereof they have not been in use and custom past memory of man, which is an oppression of the people and a cause of increase of dearth, therefore our sovereign lord, with advice of the three estates of parliament, forbids and discharges through the whole realm all such customs and impositions whereof there is no warrant, neither have the intromitters and lifters thereof and predecessors been in use and possession thereof past memory of man, under the pain of [...],† and ordains the takers of the said exorbitant impositions to be called thereof and whatever they have taken up to be judged to render the same to the king's majesty's use, and they further to be punished in their persons and goods as oppressors of the people, according to the laws of the country; and that no custom be taken hereafter but according to our old laws and acts of parliament and whereupon the lifters have special warrant, at the least been in possession thereof past memory of man as said is.
[1587/7/48]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that the acts made concerning resellers and forestallers be of new published and put into due execution in all points, and the breakers thereof to be punished according to the pains contained in the same; and ordains frequent justice courts or ayres to be held thereupon.
[1587/7/49]*[print] [email] [cite] [preceding] [following]
†Item, in consideration the great increase of the dearth of victual principally proceeds through transporting of the same, both by sea and land, which would be utterly abstained from and remedy found thereof, in respect whereof, our said sovereign lord, with advice of the said three estates of parliament, statutes, decrees and ordains that the wardens of the marches shall be answerable to the king for all victuals and goods transported in England defiling their marches, in doing whereof they are no further obliged to their native country nor to any Englishman in case his goods stolen defile his march; and to the effect the said wardens may be the more diligent thereupon, decrees and ordains the equal half of the said goods and victuals transported in England to appertain to the said warden, and the other half thereof to pertain and be made forthcoming to our sovereign lord's use. And for staying the transporting of victuals by sea, it is statute and ordained that the ship and whole goods and gear belonging to the masters thereof and clerks of the same ships, transporters of the said victuals, shall be confiscated and the said masters' and clerks' persons subject to imprisonment at the will of his majesty. And for the better execution thereof, our sovereign lord, with advice aforesaid, decrees and ordains each free burgh within this realm yearly at the feast of Michaelmas [29 September] to elect and choose a sufficient burgess to be searcher at the sea ports of the said victuals, to be adjoined to the king's searcher, of equal power with him in all respects, and that they may use and exercise the same office, jointly and separately, as occasion shall receive and require, and the equal half of the said victuals to be applied to the use and commodity of each burgh and the other half to the king's use; and likewise grants the same power to the bailies of all regalities and burghs of the same, whereupon the said burghs and bailies of regalities shall be held to answer yearly of their diligence in the premises.
[1587/7/50]*[print] [email] [cite] [preceding] [following]
Item, it is statute and ordained by our sovereign lord, with advice of the estates of this parliament, that no person whatsoever within this realm keep, hold or maintain any horses at hay and oats after 1 June yearly in time coming, except earls, lords and barons who, and each one of them, may spend £2,000 of yearly rent at the least; and from 1 June yearly it is permitted to each earl and lord, each one of them, to hold and maintain at the hay and oats two horses at the most, and each baron one horse only, with certification to the contraveners of the said act that it shall be lawful to the sheriff of each sheriffdom and their deputes to escheat and intromit with their horses wherever the same may be apprehended; likewise our sovereign lord and three estates, by this act, gives them full power to that effect, the one half of the said escheated horses to pertain to the king and the other half to the sheriffs.
[1587/7/51]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord and his three estates convened in this present parliament statute and ordain that the customs officers and searchers shall take inquisition and note what quantity of victual every ship or vessel takes in at her passing to Loch Broom and other north isles and lochs in the harvest season in fishing, and take surety that they shall return the third part of their landings of herring or white fish within this firth or other free burghs to be sold to our sovereign lord's lieges for their sustenance and furnishing of the country under the pain of £100.
[1587/7/52]*[print] [email] [cite] [preceding] [following]
Item, our sovereign lord and his three estates of this present parliament ratify and approve the act of his last parliament made at Edinburgh in August 1584 against the eaters of butcher meat in Lent and upon Wednesday, Friday and Saturday every week; and ordain the same to have full effect and execution in time coming, with special provision that no licences shall be granted for eating of butcher meat on the said days in time coming, unless the desirer thereof report a testimonial subscribed by a doctor of medicine or by the minister of the parish wherein he dwells that such a person is sickly and necessarily must have the said licence, and then to be granted upon the composition of £20 to be paid to the treasurer for that. And in case any licences shall be procured for any butchers to slay and sell butcher meat on the said days and time of Lent, or to cooks to prepare them and make them ready, the said licence shall not pass the signet until the party in whose favour it is purchased pay for the same licence to his highness's treasurer the sum of £100, without reduction or composition.
[1587/7/53]*[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 wild beasts with culverins, crossbows and hand-bows, and specially the acts made in the parliament held at Edinburgh in December 1567 and in November 1581, which acts hitherto have taken no effect, and that in default of the 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 in all points, passes, clauses and articles thereof, with this addition: that the slayers and shooters of hart, hind, female deer, roe, hares, rabbits and other beasts without licence or allowance of the owners shall be like crime to the committers as the stealers of horse and oxen, and the committers thereof shall incur the pain and punishment due to the crime of theft.
[1587/7/54]*[print] [email] [cite] [preceding] [following]
†Item, for the eschewing of such hurt and inconvenience in time coming as sundry parties heretofore have sustained through proclamation of brieves at places doubtful and appointing them to be served in places uncertain, far distant from the head burghs of the sheriffdoms where the lands lie, which has most frequently occurred in some sheriffdoms where there are some other jurisdictions of stewartries or bailiaries within the bounds of the same sheriffdoms, and some sheriffdoms whereof the head burghs are decayed or fallen in disuse; for remedy of the which inconveniences and doubts in time coming, it is statute and ordained that all brieves for service of lands lying within the bounds of the stewartries of Strathearn and Menteith shall be proclaimed at the market cross of Perth and to be served at the places used and wont within the said stewartries; all within the stewartry of Fife by open proclamation at the market cross of the burgh of Cupar in Fife; all within the bailiaries of Kyle, Carrick and Cunninghame at the market cross of the burgh of Ayr; all within the stewartries of Kirkcudbright and Annandale at the market cross of Dumfries; and that the places of serving of brieves and holding of courts to that effect be always in the tolbooth of the head burgh of the shire, stewartry or bailiary or other parts of the same stewartries and bailiaries where brieves were most usually served and courts held to that effect of before.
[1587/7/55]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with express advice and consent of the estates of parliament, understanding that diverse earls, lords, barons, gentlemen, freeholders, tenants and possessors of lands, rooms, teinds, teind sheaves and other duties, as well spiritual as temporal, have been charged by virtue of our sovereign lord's letters, directed by his highness's secret council, lords of session and exchequer respectively, to make payment to sundry persons in whose favour the said lands were granted of their mails, ferms, kanes, customs, teinds, teind sheaves and other duties of their said lands, rooms and possessions, and that the same were made by them in good faith for eschewing of the danger and process of horning to have been executed against them by virtue of the said letters granted in favour of sundry persons and proceeding upon factories, gifts, provisions and certain other securities purchased from our sovereign lord in whose favour the said letters were directed; and our said sovereign lord and three estates aforesaid, not being of mind and intention that the said earls, lords, barons, gentlemen, tenants and possessors who have made payment in good faith of their mails, ferms, teinds, teind sheaves and other duties to the said persons in whose favour the said letters were granted and directed should in any way be interested or prejudiced for their obedience to his highness's charges, therefore our said sovereign lord, with advice of the three estates in parliament, by the tenor hereof, statutes, declares and ordains that all and whatsoever persons who have already made payment of their said mails, ferms, teinds, teind sheaves and other duties for their said lands, rooms, steadings and possessions, for obedience of the said charges and letters executed and directed contrary to them, which letters and charges therein contained proceeded upon factories, gifts, pensions and other titles granted by our said sovereign lord, and who have reported discharges of the payment made by them from the said persons in whose favour the said letters were directed, or others in their names, shall be safe, freed and free in all time coming by the payment made by them in good faith already as said is, and the person or persons having or pretending right to the mails, ferms, teinds, teind sheaves and other duties shall have no action for repetition or recovering thereof from the said persons who have made payment of the same as said is before the date of this act, providing always that the aforesaid persons and each one of them claiming the benefit of this present act shall be held not only to produce their particular discharges and acquittances above-written before the judge ordinary, but also to compear personally before the same judge to give their oaths of verity upon the truth of their said discharges whenever it shall happen them or any of them to be called and convened by any party having interest to that effect before the said judge ordinary; and ordains letters to be directed to the effect aforesaid, if need be, in the appropriate form.
[1587/7/56]*[print] [email] [cite] [preceding] [following]
†Forasmuch as the whole monks of the monastery of the abbey of Kelso are deceased, so that presently there is no convent thereof, whereby the tenants and tacksmen of the said abbey are uncertain in what manner they shall provide their securities concerning their tacks, feus and rentals which they have taken or may take hereafter of the said place and abbey of Kelso, therefore our sovereign lord and three estates of this present parliament presently declare Sir John Maitland of Thirlestane, knight, his highness's secretary and present commendator of Kelso, to have had full right in his person of setting of all feus, tacks and rentals since his provision thereto and decease of the said monks and convent of lands and teinds belonging to the said abbey and patrimony thereof, and that the tacks and feus set by him since the decease of the said monks are and shall be as valid and sufficient under his subscription and common seal of the said abbey as if the same had been set with consent of the convent and subscribed by them; and likewise declare the said commendator to have full right in time coming to set tacks of the teinds of the said abbey, for short space or long, as freely as if the whole convent were yet alive, and the same set with their consent as any other abbot or convent may set within this realm.
[1587/7/57]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates in this present parliament, understanding that diverse earls, lords, barons and others of his highness's freeholders, being infeft in their lands and baronies with advocation, donation and right of patronage of benefices, they have transferred certain of their lands and baronies in wadset under reversion, through the which alienations the sa[me] lands and baronies have remained with the persons, receivers thereof, in wadset 100 years and more; in the meantime, certain prelates, abbots or other ecclesiastical persons having right or title clad them with the said benefices and thereby quietly intrudes them in the possession and right thereof, in default of the said patrons who took no regard thereto during the non-redemption of the said wadsets, through which the said just and lawful lay persons of the said benefices have been heavily prejudiced in their rights and presentations of the same in times past; therefore, for remedy thereof, it is statute and ordained by our said sovereign lord, with advice and consent of the said estates, and specially provided by statute of this present parliament, that no possession apprehended by bishops, abbots, priors or other kirkmen of whatsoever parsonages, vicarages, chaplainries, prebendaries or other benefices belonging to the said earls, lords, barons, freeholders or other lay persons, and wherein they are specially infeft by their charters, shall be in any way hurtful or prejudicial to rights and titles of the said lay parsonages after redemption of their lands and wadsets, as well already used in times past as to be used, but that the said lay persons may as freely possess, enjoy and use their said patronages and present qualified persons thereto at all times, likewise as [if] the said kirkmen had never apprehended possession of the same and notwithstanding thereof.
[1587/7/58]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament, having consideration how that sundry benefices within this realm have [been]† burdened with counterfeited and invalid gifts of pensions, of victual or silver or special assignation of whole kirks, with fruits thereof, and upon the said feigned and invalid gifts have obtained his highness's or his predecessors' ratifications, either in parliament or outwith, and without any sight of their principal gift upon their only ratifications and confirmations have obtained decreets before the lords of session and other judges, where in case they had produced any principal, either the same would have been found invalid or the falseness thereof would have been tried or known; therefore it is statute and ordained by our sovereign lord and three estates aforesaid, in time coming that wherever question or controversy shall arise upon pensions to be purchased or obtained by whatsoever persons after the date hereof or upon the invalidity of the same pensions, the party, suiter of the said pension, shall be held to produce the principal gift and pension to the which their ratification and confirmation shall be relative, at the desire of the party whose benefice is burdened by that pension, otherwise they shall be secluded from all right to the said pension or any part thereof; and in case the principal gift and disposition is either unproven or reduced by the judge ordinary, in that case the said party pretending right to the said pension shall never be heard to acclaim any benefit thereby, notwithstanding any ratification, confirmation, decreets or letters in the four forms following thereupon, which the said lords declare needs no reduction in this case in times coming, the grounds to the which the said ratifications, confirmations and decreets are relative being taken away.
[1587/7/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his three estates convened in this present parliament, for the greater certainty of his highness's exchequer and good order to be kept therein, through which good reckoning and account may be made of his highness's rents in due time, statutes and ordains that his ordinary exchequer shall begin yearly in time coming on 1 July and shall end on 31 August, and that as well the persons who shall be nominated and constituted auditors of the exchequer as all that ought to make account therein be duly warned by precepts to compear thereat, each person under the pain of £40; and in case of their absence at the days appointed, that they be fined in the said sum and letters of horning or poinding to be directed against them for payment thereof, and the comptroller to charge him with the said penalties in his accounts; and at all time from the first day of the said exchequer until the end thereof, that the accountants that ought to give account therein, in case of their disobedience of the precept of the exchequer, be charged of new at the market cross of Edinburgh, and in case of their disobedience of the same charge, to be denounced rebels and put to the horn at the same market cross of Edinburgh, which denunciation his majesty decrees to be as sufficient as if the same were made at the market crosses of the head burghs of the shires where the persons dwell and registered in the same sheriff books thereof, and that the horning be registered in the shires books or sheriff books of Edinburgh; that [Thomas Lyon of Baldukie], treasurer, [John Seton of Barns], comptroller, and [Robert Douglas, provost of Lincluden], collector, by themselves or their deputes and clerks, be present during the whole time of the sitting of the exchequer for such things as may occur in each one of their offices, and that nothing be treated of in this ordinary exchequer but only the handling of the king's majesty's own affairs; and for matters and actions between party and party, ordains the exchequer to convene and sit every Tuesday afternoon during the sitting of the session, or at other times as it shall please the king's majesty to appoint.
[1587/7/60]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained that the act of parliament made by our sovereign lord's dearest grandfather, King James V of good memory, for presenting by the sheriffs and their clerks of the protocols of all sasines yearly in the exchequer, be put to due execution in all points. And our said sovereign lord, with advice aforesaid, of new ratifies and approves the same act and ordains that the clerk of court of each sheriffdom come with the said sheriff or his deputes in every exchequer and bring with him a book pertaining all sasines given by them, subscribed with the said clerk's own hand and sign manual, that the same may remain in the register so that the king's majesty may know his tenants and all others having interest may have recourse thereto.
[1587/7/61]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates assembled in this present parliament, has remitted and remits the articles and supplications specified below to the consideration, advice and direction of the lords auditors of his highness's exchequer, now present and that shall happen to be for the time, and decrees and declares that whatever the said lords auditors shall think expedient and ordain to be done concerning the same articles and supplications, the same shall have like effect, force and execution as if the same were done, statute and ordained in this present parliament: they are to say, toward the reparation and maintenance of our sovereign lord's castles, palaces and houses and how the repairing and maintenance thereof may be put in execution in time coming. Item, to consider what costly, superfluous and unnecessary merchandise is commonly brought within this realm and what profitable wares and commodities are carried out of the same that ought and should pay custom to our sovereign lord, and to set and appoint what custom should be paid for that, having respect to the increase of the dearth. Item, to consult and take order concerning execution of the acts made of before against transporting of forbidden and uncustomed goods, for maintaining of the peaceable and quiet trade of fishing in the lochs and isles upon the north and west coasts of this realm, for resisting of the continual wracks and plundering sustained by his highness's subjects through the invasion of pirates, and for the relief and satisfaction of Robert Abercrombie, burgess of Edinburgh, his highness's saddler, of the sums and causes contained in his supplication.
[1587/7/62]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his three estates of this present parliament, statutes and ordains that no chamberlain nor receiver of the king's rent removable be received by the comptroller but such as find sureties to the comptroller in Edinburgh to make account in the ordinary time of the exchequer and to make payment within 20 days after each term. Also, it is statute and ordained that all heritable chamberlains and accountants be charged to find surety to the same effect.
†Item, that all warnings and executions in the king's causes to be made against islanders, highlanders or borderers in broken countries where it is not possible to have safe access be made at the market crosses of the head burghs of the next shires in the lowlands.
Item, it is statute and ordained that the comptroller in time coming charge him in his account with the whole rent of his highness's property and be answerable for the whole charges of the chamberlains and receivers removable because they are of the comptroller's own making, and for others that have their offices heritably, that the comptroller show his diligence against them before the making of his account, which shall always end before 1 September yearly; and declares that his majesty's property, even instant as it is presently, shall find and sustain his house according to the advice given by the exchequer in August 1586, and that whoever has the intromission and reset of the rents of his said property ought and must furnish the expenses of his house in ready money, that his furnishing may be as good value as any others. And this order to begin on 1 September 1587, or when his majesty thinks good.
Item, that no precepts or discharges of any part of the property to be allowed in time coming in exchequer, unless the same shall be subscribed and accepted by the comptroller; and always the party's acquittance to be produced upon account and nothing to be allowed at the accountant's danger.
Item, it is statute and ordained that all rentals set by any our sovereign lord's predecessors of good memory of any lands pertaining in property to his highness (except feu rentals set to men and their heirs) shall have no further strength nor effect than a naked liferent, and that after the decease of the renters, his majesty have power, with advice of his comptroller, to set, use and convey thereupon at his pleasure of new in feu, either for augmentation of the former rental or for new entry silver, and that all be set in augmentation of the king's rental.
[1587/7/63]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, now being come to his perfect age of 21 years and thereby understanding the better what the honour of his estate craves, not only in governing of his country but also how his honour requires the maintenance of his house of a part of his estate necessary; and that he is brought, as he understands, by the negligence of his officers, in great debt, partly by not collecting his highness's patrimony and rents in due time, partly by conveying and setting of the same untimeously and unthriftily, and through wadsetting and prepaid rent of his parks, being most necessary for the maintenance of his said house, besides that there is neither silver nor victual of his rent to be received by his comptroller before Martinmas [11 November] 1587; and his majesty, not willing to grieve his people by taxations for his relief in the maintenance of his house, albeit the same be most necessary, thinking more reasonable that his own rent should be burdened with relief thereof, in respect whereof, desiring consent of this present parliament to the effect underwritten; therefore the three estates of this present parliament, having consideration of the premises, consent to the wadsetting of his majesty's rent to the sum of £1,000 annual, to be paid out of the same yearly; and declare the said wadset or alienation to be a lawful, good and sufficient right to the persons who shall receive the same, either in whole or part, to the effect that they may be paid thereof termly according to the order of wadsets until the same be orderly redeemed from them, their heirs and assignees, notwithstanding any annexation of his highness's proper rents to the cro[...]† acts of parliament or statutes whatsoever made in the contrary.
[1587/7/64]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice and consent of the three estates of this present parliament, has statute and ordained that the treasurer shall not exceed £20,000 in a year in his discharge, with certification if he do, no supersederes will be granted for superexpenses in time coming.
Item, that his majesty's casualties shall not be given away in great quantity, as of the casualties of a whole country together, or the confirmation of the whole feus of any prelacy or of any special crimes.
Item, it is statute and ordained by our said sovereign lord, with advice and consent aforesaid, that all pecuniary pains of offenders shall be taken up in gold and silver at the value of the money when the acts were made or else augmented in the money now current, and the same regard to be had in making of compositions, taking the ground and example from the last year of the reign of King James V.
Item, it is statute and ordained that no remission nor respects shall be granted for the space of five years coming for burning of houses or corns, ravishing of women, incest, slaughter, murder committed on forethought felony, manifest falseness, hoching† of oxen or horse or breaking of ploughs; and in case any such remission or respects be obtained thereupon within the said space at his highness's hands, ordains the justice criminal, his deputes and all other judges within this realm to proceed and do justice notwithstanding the aforesaid remissions or respects, likewise as if the same had never been granted nor produced.
Item, it is statute and ordained that in case any sheriff clerk within this realm refuses at any time hereafter to receive and register any letters of horning presented to them by whatsoever parties to that effect, or if the same be not duly registered after he had written 'extracted and registered' on the back thereof, and in case he send not yearly to the treasurer or his deputes a perfect inventory of the whole hornings registered each year in their books, or in case any other thing is done by the said sheriff clerks undutifully, that then and in those particular cases above-written, the same being lawfully tried, each sheriff clerk shall lose all his moveables to be escheated and applied to his highness's use, and the principal sheriff on every occasion shall be compelled to pay £100 to his highness in addition to the damage and interest of the party harmed thereupon, and to have his relief of the said sheriff clerk in that behalf.
Item, for the better and more sure serving of the king by officers of arms, it is statute and ordained that none be retained or hereafter admitted to that service but he that with his other injunctions shall find surety to be always furnished with a sufficient ready horse whereupon to serve his highness and lieges, and that his surety shall be answerable for the damage and interest of his falseness, sloth and informal doing in his highness's service or other parties, if any shall happen, and that the wage of an officer of arms on the day shall be 1 merk money summer and winter overhead.
Item, it is statute and ordained that no relief be componed for in time coming, but the true and full value thereof to be made account and payment of in the exchequer; and in case sheriffs, stewarts and bailies make not their accounts at the ordinary time of exchequer (beside the ordinary execution to pass against them thereof) that upon the sight of the book of receipt, letters be directed to charge the persons to whom precepts of sasine have been granted, or the sheriff and his deputes, at the option of the treasurer, or both to pay the sums contained in the books of receipt or to poind the sheriff or the party, if the party have not the sheriff's discharge thereof to show and produce.
Item, it is statute and ordained that all sheriffs in time coming make account to the exchequer of whatsoever escheats taken up and intromitted with by them within their jurisdictions, and that each sheriff charge himself specially with the same escheats in each exchequer yearly.
Item, it is statute and ordained that all special commissions of justiciary be made by signatories to pass the quarter seal in time coming, to the effect that books of receipt may be made thereupon after the ancient and lovable fashion; and that he who obtains a commission find surety at the chancellery that he shall, within forty days thereafter, report a testimony of his diligence, under the pain of £40; and that always no commissions be granted to proceed on slaughter but the justice general and his deputes to proceed thereupon.
Item, that the treasurer and advocate pursue slaughters and other crimes although the parties be silent or would otherwise privately agree, and that in justice ayres or particular diets the whole assizers be called for, and the absents to be amerced, to move them to make the better obedience.
Item, that no allowance be given in the treasurer's accounts in time coming at the accountant's risk, except where acquittances are presently shown and produced.
Item, it is statute and ordained that inferior accounts that should precede the treasurer's accounts and must enter in it be first heard.
Item, it is statute and ordained by the king's majesty's special will and direction that no precept for continuation of any justice court be admitted by the justice or his deputes in time coming.
Item, it is statute and ordained that no ratification be passed in parliament upon simple articles of private parties, but the matter desired to be ratified to be first passed by infeftment upon composition paid to the treasurer before any such matter be confirmed in parliament; and the same in no way to be passed or granted unless they be presented by the said treasurer or his deputes to that effect.
Item, it is statute and ordained that all sheriffs within this realm give in yearly at the first down sitting of the session to the lords of session the names of their deputes and clerks that they think to use for that year, namely 1 November each year; and likewise ordains letters to be directed charging each sheriff, under the pain of rebellion, with certification, etc., to find caution, burgesses indwellers within Edinburgh acted in the books of council, that they shall yearly make their accounts in the exchequer and pay all things resting owed to the king's majesty by virtue of their office.
[1587/7/65]*[print] [email] [cite] [preceding] [following]
†Forasmuch as by a clause or member of the act made in this present parliament, entitled 'For the help and augmentation of the king's majesty's rents in his treasury and casualties', it is statute and ordained that no ratification be passed in the same parliament upon simple articles of private parties but the matter desired to be ratified to be first componed and passed the seals upon composition made and paid to the treasurer before any such matter be confirmed in parliament, and the same in no way to be passed or granted unless they be presented by the said treasurer or his deputes to that effect. And by reason, diverse ratifications and confirmations are suited of [Thomas Lyon of Baldukie], his highness's treasurer, on the behalf of sundry burghs, colleges, hospitals and other parties which possibly cannot get their compositions made and infeftments passed the seals before the conclusion of this parliament; considering also that the rentals of the lands, kirks, annualrents and other commodities conveyed by his highness in his minority or by [Mary], the late queen, his highness's dearest mother, to the said burghs, colleges and hospitals are not known nor cannot be had in so short a space, therefore it is statute and ordained that none of the said ratifications, in case they happen to be passed presently, shall be effectual to the purchasers thereof, nor yet shall be registered in the books of parliament, unless our signatories of the infeftments, tacks and rights desired to be ratified and confirmed be passed, componed and expedited before 31 August 1587, and the rentals of the things conveyed to the said burghs, colleges and hospitals truly given in, with a declaration how the same has been used and conveyed since the granting thereof, under the pain of £100 to be paid by that burgh, college or hospital that seeks ratification and not the infeftment and produces the rental and account the said day; and decrees and declares that all infeftments, tacks and other rights that shall be passed and confirmed by composition made with our sovereign lord's treasurer or his depute before the said day shall be as effectual to the purchasers thereof in all times hereafter as if the same were confirmed by special and several acts in this present parliament, or, if need be, ordains several acts to be extended and inserted containing ratification and confirmation of so many of the said infeftments, tacks and other rights as shall be presented to the clerk register before the said 31 August, bearing the date of this present act, which shall be as sufficient in all respects as if the said ratifications and confirmations were presently pronounced.
[1587/7/66]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the estates presently assembled, the king's majesty stated and declared his godly and most necessary intention to have his nobility and other parties amongst whom variance stands, by occasion of sundry quarrels and controversies lately begun amongst them proceeding from the common troubles and civil wars with which this country has been most heavily plagued, united and reconciled to the pleasure of God, furtherance of his highness's service and common quietness of the whole realm, following the lovable example of his highness's grandfather, King James IV of [good]† memory, in whose reign it was found expedient by the estates, for universal concord amongst the king's lieges and for love, amity and friendship to be made amongst his highness's lieges, that our sovereign lord and his council shall put his authority, by advice of his said council, to make all persons and parties to be at friendship and concord; and what person or persons refuses in his behalf to hear a reasonable and honourable concord of his party, the king's majesty to put sharp justice on the party which is obstinate, through the which the king's highness may cause them to be in heartily the amity, friendship and quietness with the penalty according to the laws of the realm. Which form and order the said estates think most needful now to be followed by his majesty, most humbly beseeching his majesty to proceed as presently he has worthily begun, to make and procure universal concord amongst his highness's lieges for all and whatsoever quarrels amongst them proceeding from the occasion above-written, promising faithfully of their hands to serve, concur, assist and give their best advice to his majesty at all times in putting of his highness's authority to execution by sharp justice against whatsoever persons that refuse in their default to hear and agree to a reasonable and honourable concord with their parties, according to the effect and meaning of the said act in all points.
[1587/7/67]*[print] [email] [cite] [preceding] [following]
†Because of the great delay in actions criminal through the not holding of justice ayres twice in the year, according to the ancient and lovable order established by diverse good laws and acts of parliament made of before, considering the ordinary judgement in criminal causes is only now at Edinburgh, where particular diets are set for certain special and highest crimes, the punishment of other offences whereby the commonwealth is greatly grieved left to the justice ayres that are seldom held and through which are becoming contemptible; therefore, and for ease and relief of the subjects that are so frequently disquieted by coming in convocation to days of law and to pass upon assizes in Edinburgh, where the courts are often times continued in hindrance of justice and to the great trouble and needless expenses of the king's lieges, it is therefore statute and ordained by our sovereign lord, with advice of his three estates convened in this present parliament, that justice ayres shall be held twice every year in time coming over all the shires of this realm in the months of April and October, beginning in the month of October 1587 if conveniently it may be. And by reason the matter cannot be ordered and overtaken attains by any few number to pass successively over all the whole realm from one shire to another, that our sovereign lord shall cause [Archibald Campbell, earl of Argyll], his justice general, make eight deputes, or else his highness shall make so many by his own commissions under the testimonial of the great seal, of some of the senators of the college of justice or certain well experimented advocates that are most able for travail, appointing two over every quarter of the realm, which contains seven sheriffdoms or thereby, with a depute of the treasurers and another of the justice clerks; and that the stewartries and bailiaries come to the head burghs of the sheriffdoms wherein they lie before the coming of the which justice's deputes, dittays shall be taken up and the persons indicted arrested in manner hereafter specified, which justices so directed shall be received at their entry in the shire by the sheriff principal or his sufficient depute, as also by the wardens within the wardenries or their deputes, being knights or gentlemen landed, with the freeholders of the same sheriffdom, that shall be warned by the sheriff to that effect by proclamation for convening at the place and time appointed, which shall convey the said justice's deputes to the head burgh of the shire and accompany them during their remaining there and until they be out of the bounds of the said shire and received by the next sheriff or his depute; and upon the morning after the coming of the said justice deputes to every head burgh of the shire, if the day be lawful, and failing thereof, the next lawful day, they shall begin and fence their ayre, call the suits and put the offenders, if any be already in prison, to the knowledge of an assize and as they be found culpable or innocent, to administer justice upon them according to the laws of the realm; thereafter, to call the pledges and cautioners of persons that have found surety to underlie the law the third day of the ayre or sooner, upon 15 days' warning; and thirdly, the persons newly indicted and arrested and do justice likewise upon them, and that they direct their precepts for summoning of assizes, one or more, each person under the pain of £40, and having ended their justice ayres, they shall deliver the extract thereof, subscribed with their hands, by indenture to [Thomas Lyon of Baldukie], treasurer, or his depute, which shall cause take up the sums contained in the said extract and make account of the sums contained therein at the next exchequer before the auditors thereof, in the first end of which sums shall be allowed to the treasurer or his depute the charges and expenses of the justices and clerks as the same shall be modified and appointed by the lords, auditors of his highness exchequer, or any five of them. And to the effect that all executions and arrestments requisite may be duly prepared before the coming of the said justice deputes, it is statute and ordained that our sovereign lord, with advice of [John Maitland of Thirlestane], chancellor, treasurer and [Sir Lewis Bellenden of Auchnoull], justice clerk, shall nominate and give commission to honourable and worthy persons, being known of honest fame and esteemed no maintainers of evil or oppression, and in degree earls, lords, barons, knights and special gentleman landed, experimented in the lovable laws and customs of the realm, actual indwellers in the same shires, to the numbers hereafter limited according to the bounds and quantity of every shire: that is to say, within the countries and sheriffdom of Orkney and Shetland, fourteen; within Inverness and Cromarty, twenty-one; Nairn, seven; Elgin and Forres, seven; Banff, seven; Aberdeen, twenty-one; Kincardine, seven; Forfar, fourteen; Fife, fourteen; Kinross, seven; Clackmannan, seven; Perth, twenty-one; Stirling, seven; Dunbarton, seven; Linlithgow, seven; Edinburgh principal, seven; constabulary of Haddington, seven; Berwick, seven; Roxburgh, fourteen; Selkirk, seven; Peebles, seven; Lanark, fourteen; Renfrew, seven; Argyll, seven; Bute, seven; Ayr, twenty-one; Wigtown, seven; Dumfries, twenty-one; which shall be the king's commissioners and justices in the furtherance of justice, peace and quietness, together with four of the council of every burgh within the self, which shall be constant and continual takers of dittay, giving, granting and committing to them full power to take inquisition and make dittay by their own knowledge or by a sworn inquest or sworn particular man of all persons suspected culpable of the crimes and defaults contained in the table, to be made by the treasurer, justice clerk and [David MacGill of Nisbet and Cranstoun-Riddel], advocate, annexed to this present act divided in two sorts; and all persons dilated as culpable in the first degree, the said judges and commissioners shall either apprehend and commit to ward (if conveniently they can), or else shall deliver them in porteous† to the crownar of the shire every month once, to be arrested and put under surety by him or his deputes to the next justice ayre to be held twice in the year by the king's justice deputes, directed from his highness in manner before specified; and upon all persons dilated and suspected as culpable of the other crime and defaults in the second degree, the said justices and commissioners in the shires shall proceed and do justice themselves at their courts and meetings to be kept four times every year: that is to say, at 1 May, at 1 August, at 1 November and at 1 February, or otherwise at any time, three of them being together and always sitting in the tolbooth of the head burgh of the shire, and that they remain at every one of the said four times in the year three days together, or longer or shorter as they find occasion, with power to them to direct their precepts and porteous to the crownars and their precepts to sheriffs or officers of arms to summoned assizes, each person under the pain of £10, as also to send their extracts to the treasurer after every one of their four meetings, to the effect the pains and penalties therein contained may be taken up, whereof account, reckoning and payment shall be made at the next exchequer and the charges and expenses of the said justices and commissioners allowed therein in such quantity as shall be modified and appointed by the lords of his highness's exchequer between now and 1 November 1587. And in case of disobedience or contempt, that they notify the same to the king's justice deputes at the said justice ayres, and if they also shall find them contemned and disobeyed in any way, to signify the same to our sovereign lord and his secret council, who shall provide for punishment of the contempt by force, to the terror and example of other offenders to commit the like in time coming, and the said justices of both sorts for the space of one year and further enduring our sovereign lord's will to endure.
Item, his highness ratifies the act made concerning the punishment of hochers† of oxen, horses and goods in time of labouring, with this addition: that whatsoever person or persons cuts and destroys plough and plough gear in time of cultivation or wilfully destroys and cuts growing trees or corns shall be called for that before the justice or his deputes at justice ayres or particular diets and punished for that to the death as thieves; and the same pain to be extended and struck on breakers of mills or stickers, gorers and sellers of oxen and horses in time of leading of corns or fuel.
Item, it is statute and ordained that officers of arms committing falseness or oppression of the lieges in execution of their office shall be called for that before the justice or his deputes at justice ayres or particular diets and punished to the death in case they be found culpable.
Item, that all deforcers of officers in execution of their office be summoned upon 15 days' warning, civilly or criminally, at the option of the party, pursuer, and their lives and goods to be in the king's will for that.
Item, it is statute and ordained that seeing in times past letters of lawburrows being given with this word, 'accomplices', by the clerks of session, has imported and daily does import great hurt, damage and hardship to sundry of his highness's lieges by plain collusion between the parties, purchasers, and officers, executors of the same, that therefore no letters of lawburrows be granted in times coming by any clerk with power to charge accomplices and that caution be found to the justice clerk and his deputes that letters of lawburrows in times coming to be granted shall be duly executed upon all persons contained therein, either personally or at their dwelling places, and by open proclamation at the market cross of the head burgh of the shire where the parties dwell, between 8 o'clock in the morning and 12 o'clock at noon, summer and winter, in open time of day, in presence of reputable witnesses specially designated, and copies affixed upon the gates or doors of the dwelling houses of the persons contained therein, with the whole names, and another on the market cross under the pain of 200 merks; and wills and declares that this be also observed in all criminal letters and others whatsoever that import loss of life and moveable goods.
Item, it is statute and ordained that all judges and amongst the rest the justice deputes keep the hour of cause in fencing and proceeding in their courts in times coming, as was observed of old, namely, at 11 o'clock before noon.
Item, it is statute and ordained that where parties are maliciously charged to underlie the law at particular diets before the justice and his deputes, in case they be found innocent and cleansed thereof, that their expenses in time coming for keeping of the said diets be modified by the justice, justice clerk and their deputes, beside the ordinary pain of them that are either acquitted or passed free.
Likewise, it is statute and ordained that no officer nor officers summon any more persons upon assizes in time coming than 45 persons, to be given [in]† roll subscribed by the party, purchaser of the said letters, or a notary in his name, nor yet put out nor put in the said roll any persons for gratitude or good deed, under the pain to be called for that at particular diets before the justice or his deputes and punished as common oppressors to the death, and that dittay be taken of all such officers as have used or shall use the same and they to be called and punished for that as said is.
Item, it is statute that all customs officers and searchers committing fraud in their office by oversight of the transporting of forbidden goods out of the country for gratitude given to them shall be called for that at justice ayres and particular diets and punished in their persons at our sovereign lord's will, and all their moveable goods to be escheat to his highness's use, in case of their conviction.
Our sovereign lord, considering the wrong allegedly sustained by diverse noblemen and other lieges of this realm, being accused of treason by soliciting, threatening and menacing of the assize after they were enclosed, the accusers and other persons, their favourers, having liberty to pass to the said assize and to produce to them such writs and witnesses and other probation as they pleased to verify the crime outwith the presence of the parties accused, whereby the just defence of their lives, lands and honours was taken away; therefore, our said sovereign lord, with advice and consent of the three estates of this present parliament, has statute, declared and ordained that in all time coming the whole accusation, reasoning, writs, witnesses and other probation and instruction whatsoever of the crime shall be alleged, reasoned and deduced to the assize in presence of the party accused in face of judgement and no other ways; and that all and whatsoever lieges of this realm accused of treason or for whatsoever crime shall have their advocates and procurators to use all their lawful defences, whom the judge shall compel to procure for them in case of their refusal, that the suit of the accuser be not taken for confession and the party accused prejudiced in any sort before he be convicted by lawful trial. And to the effect the said advocates and procurators may the more freely and willingly do their office in the premises, our said sovereign lord, with advice and consent aforesaid, annuls, abrogates and rescinds all and whatsoever acts of parliament and other statutes made by him or any of his predecessors of before in contrary hereof.
Item, it is statute and ordained that how soon the whole pursuit, defences and answer thereto are fully heard by the assize, if any of the said assizers has any doubt whereof, they would be resolved that they propose the same openly in presence of the parties in face of judgement before they pass out of judgement themselves, and immediately after that the said assize has chosen their chancellor, the clerk of the justiciary shall enclose the said assize, them alone or in a house by themselves, and suffer no person to be present with them or repair to them in any way, neither clerk nor others under pretence of further information, resolving of any doubt, or any other colour or occasion whatsoever, but that the said house be held fast and no man present therein but the said assizers; and that they be not suffered to come out of the said house for whatsoever cause, or to continue the giving of their sentence to another time, but that they be enclosed as said is to the time they be fully agreed and return their answer by the mouth of the said chancellor to the judge. And our sovereign lord, with advice aforesaid, decrees, declares and ordains that if any of the said accusers, informers of his highness's advocate or other persons whatsoever, pretend in any ways in time coming to inform, solicit, reason, dispute, speak or repair to the said assize after their removing forth of judgement and enclosing of them in manner above-written, or otherwise transgresses any point of this present act, in that case the party accused shall be held and pronounced clean and innocent of their crimes and treasons then laid to his charge. And this present act shall be a sufficient warrant to all assizers in criminal causes hereafter to pronounce the party accused clean and innocent in case any of the premises be contravened.
[1587/7/68]*[print] [email] [cite] [preceding] [following]
†The which day, our sovereign lord declared and protested that notwithstanding the act passed this day concerning the furtherance of justice in criminal judgement over all the realm, yet his highness might and would do toward the commission of justiciary within the bounds of the north parts of this realm whereof George, earl of Huntly, lord Gordon and Badenoch is presently lieutenant as his majesty should think expedient.
[1587/7/69]*[print] [email] [cite] [preceding] [following]
†The which day, Master John Graham of Hallyards, one of the senators of the college of justice and justice depute to a noble and mighty lord, Colin,† earl of Argyll, lord Campbell and Lorne, justice general of this whole realm, protested solemnly that the act of parliament passed this present day concerning the furtherance of justice in criminal judgement should in no way turn the said earl to any prejudice, but that he might enjoy his office with all commodities and privileges belonging thereto as if the said act had never been made.
[1587/7/70]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his three estates convened in this present parliament, considering the wicked inclination of the disordered subjects, inhabitants in some parts of the borders adjacent to England and in the highlands and isles, delighting in all mischiefs and most unnaturally and cruelly wasting, slaying, harrying and destroying their own neighbours and native country people, taking occasion of the least trouble that may occur in the inner parts of the realm when they think that care and thought of the repressing of their insolence is in any way forgotten, to renew their most barbarous cruelties and godless oppressions; for remedy whereof, in addition to and beside the lovable laws and constitutions already made in this behalf, which our sovereign lord, with advice of his three estates, ratifies and approves by this act, it is statute and ordained that the first day of every month in the year, if it be lawful, and failing thereof the next lawful day immediately following, shall be a special and pre-empted [diet]† for his privy council to convene and sit both in the forenoon and afternoon for receiving, hearing, answering and directing of all complaints, causes and matters concerning the misrule of the disordered and troublesome subjects, inhabitants [of]† the highlands and borders, and attempts committed by them upon the good and peaceable subjects in the in-country, without prejudice of other and more diets to be appointed for the same effect if the occasion so require; and specially that upon the said first day of every month, or other next lawful day, trial and inquisition to be taken of the diligence done in the execution of things directed the month preceding and of the things necessary and expedient to be put in execution during the next month to come thereafter; and that a particular register be kept by the self of all things that shall happen to be done and directed in matters concerning the quietness and good rule of the borders and highlands.
That all landlords and bailies of the lands on the borders and in the highlands where broken men have dwelt or presently dwell, contained in a roll inserted in the end of this present act, shall be charged to find sufficient caution and surety, landed men in the in-country to the contentment of our sovereign lord and his privy council between now and 1 October 1587 or within 15 days after the charge upon conditions following, under the pain of rebellion, and if they fail, the said day being past, to put them to the horn: that is to say, if any of their men, tenants, servants and indwellers upon their lands, rooms, steadings and possessions or within their bailiaries commit any masterful reiving, theft or reset of theft, depredations open and avowed, fire-raising upon deadly feuds protected and maintained by their masters, that the landlords and bailies upon whose lands and in whose jurisdiction they dwell shall bring and present the persons complained upon before [Archibald Campbell, earl of Argyll], our sovereign lord's justice, or his deputes, to abide trial and underlie the law for the same, upon 15 days' warning to be made to them lawfully; and failing thereof, that the said landlords and bailies be indebted to satisfy the party harmed and to refund, content and pay to them their herships and hurts of their own proper goods and lands according to the value and quantity taken from the complainers, which shall be modified by oath of the party hurt, either before the lords of council and session or the justice or his deputes, whereupon execution shall pass both against the principals and sureties in the appropriate form; providing always that the landlords who have their lands lying in far highlands or borders, they making residence themselves in the inlands, and their tenants and inhabitants of their lands being of clans or dependants on chieftains and captains on the clans, whom the landlords are in no way able to command but only get their mails off them and no other service nor obedience, shall in no way be subjected to this act but in manner following, namely, they shall be held to direct their precepts of warning, obtain decreets against their tenants and denounce them to the horn and immediately after their denunciation that the said landlords raise letters by deliverance of the secret council and charge the chieftains and captains of the clans on whom their tenants depend and obey to take and apprehend the disobedient tenants and present them to the justice under the pain of rebellion; and in case the chieftains disobey, to cause denounce them to the horn, register the same and report the letters of horning, duly executed, endorsed and registered, to the secret council within the space of 40 days thereafter; wherein if the said landlords fail, they shall be subject to the former condition of this act. As also, in case the said landlords at any time hereafter rent or set tacks to any of the said disobedient highlanders or borderers in any their lands and omits to take sufficient caution for them, that they shall be answerable and obedient to our sovereign lord's laws, and specially that they shall obey and comply with the whole contents and effect of this present act. And that the said landlords and bailies concur, fortify and assist others in removing of all persons disobedient to the laws or fugitive therefrom out of their lands, rooms and possessions; and in case any refuse to concur to the effect aforesaid, being duly and lawfully required, in that case it shall be lawful to pursue the person refusing and his cautioner for redress of the damage sustained by the party hurt and the landlords and bailies of the disobedient person to have their relief of the persons refusing. And in case any person, landlord or bailie, receive or reset any person fugitive after the committing of the crime upon their lands, or stays or arrests them not whenever they pass through their bounds with any true men's goods reived or stolen, if the same comes in any way to their knowledge, or that it be tried that they might have stayed or withstood the said reives and oppressions (which knowledge and power of the overlords shall be tried by an assize), the masters, landlords or bailies, resetters of the offenders, or not staying and arresting them passing through their bounds as said is, shall be held to bring and present the persons, offenders, to the laws in manner aforesaid, or else to pay and redress the parties harmed in manner above-written. And where the owners of the reived or stolen goods follows not, the stayers and arresters of the persons and goods passing through their lands shall be held to make certification by publication at the market cross of the head burgh of the shire, that the party having interest being thereby advertised may challenge their own goods in six days' space, otherwise the stayers and arresters of the goods shall not be answerable thereof.
Item, although some of the lords of the ground never used [to]† make residence in the parts through the which thieves resort in their passing to steal and reive and return from there, yet shall they be bound by their bailies and tenants to make the arrestments and stay and make publication of the same, if it be in their power or comes to their knowledge, or otherwise to be held and obliged for redress as if they dwelt upon the lands themselves. And that the chief of the clan in the bounds where broken men dwell, through the which villains and broken men repair in their passing to steal and reive or returning from there, shall be bound to make the like stay, arrestment and publication as the landlords or bailies and be subject to the like redress and action, criminal and civil, in case of their failure or negligence. And because sundry immediate tenants to our sovereign lord have conveyed their lands to others held of themselves, in that case it shall be sufficient for the overlord to enter and present his tenant and vassal for answering for his subtenant and the landlord to have his relief upon his tenants thereupon as appropriate.
Moreover, and beside the aforesaid order devised against the landlords and bailies on whose lands and in whose jurisdictions the thieves, sorners and broken men dwell and remain, it is also statute and ordained that the captains, chiefs and chieftains of all clans, as well on the highlands as on the borders, and the principals of the branches of the said clans to be specially noted at the end of this present act, which clans dwell upon the lands of diverse landlords and depend upon the directions of the said captains, chiefs and chieftains (by pretence of blood or place of their dwelling), although against the will often times of the lord of the ground, be charged in manner and under the pain above-written to enter such persons' pledges as shall be nominated by the king's majesty's letters to be directed to them, upon 15 days' warning, before his highness and his secret council at the days to be appointed, to be placed as his highness shall think convenient for keeping of good rule in time coming, according to the conditions above-written, whereunto the landlords and bailies are subject under the pain of execution of the said pledges to the death, in case of transgression and non-redress made by the persons, offenders, for whom the said pledges lie; and that the said pledges shall be relieved quarterly with others of the same clan or branch to be specially named as soon as may be after the beginning of this order, and that the said pledges shall be kept in the king's straight ward upon their own expenses until the principals of the clan or branches find sufficient and responsible sureties, acted in the books of secret council, that the pledges entered shall keep true ward until they be freed and relieved orderly and yet the persons with whom they shall happen to be placed to remain shall in no way give their licence or liberty to the said pledges to depart or pass home under the pain of £2,000 to be paid by every nobleman, baron or gentleman that grant any such licence; which caution being once found, the said pledges shall be placed to remain with noblemen and barons in free ward, uncharged with the burden of their own expenses; and all clans, chieftains and branches of clans refusing to enter their pledges at the day and in manner contained in the charge to be directed to that effect to be esteemed public enemies to God, the king and all his true and faithful subjects, and to be pursued with fire and sword wherever they may be apprehended, without crime, pain or danger to be incurred by the doers through that. And that account be taken once in the year at 1 November what persons pledged for are dead and what young men sprung up in their race and clan able to offend; and where complaint is made upon any person pledged for, the principal of the clan or branch to be charged to present the offender before the king or his council, or before the justice and his deputes, to underlie the law for the same; and in case of failure of the presenting of the person or persons complained upon, the pledge lying for the said person to be executed by justice and the principal of the clan or branch to be pressed to enter a new pledge and to be still debtor to the party grieved for his hurt sustained.
Item, that all such notorious thieves as were born in Liddesdale, Eskdale, Ewesdale, Annandale and the lands sometimes called debatable, or in the lands of the highlands that has long continued disobedient, shall be removed out of the inlands where they are planted and presently dwell or frequent to the parts where they were born, unless their landlords where they presently dwell will become sureties for them to make them answerable to the law as the lowland and obedient men under the pains contained in the acts of parliament.
Item, it is statute and ordained for furthering of the quieting of the disobedient borders and highlands that a book be made containing the names of pledges entered and to be entered for good rule, and of the whole persons for whom they lie, and by whom the pledges should be relieved; as also that a register be made of the whole parishes of the lands inhabited by thieves and disobedient persons in the highlands and borders, the names of the landlords and towns in every parish and of the whole men, inhabitants thereof, passed the age of 16 years, who are landlords or bailies of every land or town or of what clan branch the said inhabitants are; and that the name of any person that is entered on the broken lands after the removing of any other disobedient person from there be sent to the keeper of the said register within 12 days next after his first entry.
Because after all diligence done, as well against the landlords and bailies as against the chieftains and principals of clans, there will be a number of vagabonds unpledged or answered for by their landlords or bailies, it is statute and ordained that letters shall be directed charging all such vagabonds and unanswerable men by open proclamation at the market cross of the head burgh of the shire where they frequent, or head burghs of the two next shires in the lowlands (where there is clearly not safe access), to find surety to underlie the law the third day of the next justice ayre or sooner, on 15 days' warning, under the pains contained in the acts of parliament; and in case they find not surety within six days and enter not themselves under pledging, to be denounced rebels and fugitives, and they and their resetters to be pursued thereafter until they be apprehended and punished for their demerits; and that the parties harmed have competent action, civil or criminal, against the magistrates or others within whose bounds, jurisdiction or power such vagabonds and fugitives are wittingly reset with the goods stolen or reived in their passing, remaining or returning.
Item, it is declared, statute and ordained that all bonds, acts and obligations made or to be made by whatsoever persons for whatsoever broken men, pledges or otherwise received for the good rule and quietness of the borders and highlands, or anything depending thereupon, shall be extended against the heirs and successors of their sureties and cautioners, although special mention be not made in the acts that they obliged themselves, their heirs and successors.
Item, it is declared, statute and ordained that the surety made by the landlords and bailies shall not be prejudicial nor stop the surety made by the chieftains and principals of clans, nor by the contrary the surety made by them to the landlords and bailies.
Item, it is statute and ordained that [Sir Lewis Bellenden of Auchnoull], justice clerk, assisted by [Thomas Lyon of Baldukie], treasurer, and [Alexander Hay of Easter Kennet], clerk register, shall be special rememberers of the causes concerning the highlands and borders, and shall be answerable for the dispatch and diligence of the direction of things pertaining thereto.
Item, it is statute and ordained that whenever any plundering, oppressions, reives, sornings and thefts shall happen to be committed within any part of this realm, in the highlands or borders thereof, by any captain of clan or by any other clansman against any of our sovereign lord's loyal and true subjects in time coming, and the goods so taken up transported to any other clansmen's bounds, received and maintained therein, or disposed upon, and the same come to the knowledge of the party harmed and damnified, ordains him first to require or cause require redress thereof, that the chief of the clan or chieftain of the country wherein the said goods shall be reset or remain for the space of 12 hours of his witting, to make redress and restitution of the same goods within 15 days after he be required thereto; wherein if he fails, it shall be lawful to the party harmed to call, convene and pursue the chief, captain, superiors and principals of that clan within whose bounds the goods and gear so taken shall be reset and distributed and under their protection maintained before the judge ordinary, criminally or civilly, and upon sufficient proof to be led by the party harmed that the goods were sold or disposed upon within such bounds by the witting and knowledge of the said chief, captain or superiors and principals of the clan, they being of power to have resisted the same, they to be answerable for the same goods and decreet to be given against them, with the profits thereof, likewise and in the same manner as might or should have been given against the persons, committers of the deed themselves, and executorials to pass thereupon in the appropriate form. And also, if it shall happen the party harmed by the persons, committers of such enormities, to follow and pursue his own goods and gear taken as said is for the recovery of the same, and in the relief of his own goods and gear to slay, hurt or mutilate any of the takers thereof, it is hereby expressly declared, statute and ordained that the said party harmed or his assisters and accomplices shall never be accusable of any such slaughter, mutilation or other hurt but as freely remitted and discharged in that behalf as if he had our sovereign lord's special commission to that effect; and also ordains and declares that whatsoever persons shall happen hereafter to bear feud for any such slaughter, hurt or mutilation shall be subject to the pains and action above-written, and it shall be lawful to the party harmed to call and convene them, criminally or civilly at his option, for the said reives and oppressions in manner before specified.
Item, who brings any Scots or English thief in his company, openly or privately, to the king's majesty's court or burgh of Edinburgh, or requests for him to hold him back from the due punishment appointed by the law, without licence of the king, his lieutenant or warden, shall be subject to the action, criminal or civil, of him to whom the said thief has offended by theft or reive or be compelled for the same to redress as principal thief or reiver; and whatsoever English thieves shall come in any part of Scotland without licence of the king, his lieutenant or warden shall be taken and used as lawful prisoners; and whoever would avow such thieves to be their prisoners or brought in by them upon licences shall not keep them in company in the king's court or palace or in the High Street, where his highness or his justice sit and remain, bearing weapons, but hold them in close houses, from their coming to their departing, under the pain to be reputed as favourers, fosterers and maintainers of thieves and theft and to be punished for that, according to the laws of the realm.
Item, it is statute and ordained that the justice clerk and his deputes and the king's commissioners constituted to further justice, quietness and good rule in all shires shall diligently inquire and take up dittay of the takers up and payers of blackmail, and to make rental of the quantity thereof, and to pursue as well the takers as payers thereof at justice ayres or particular diets and do justice upon them according to the laws, and receive surety under great pains that they shall abstain in time coming.
Item, it is statute and ordained that the justice clerk shall twice in the year, namely, at 1 March and 1 September, procure the king's majesty's close valentines† to be sent to the masters, landlords, bailies and chieftains of all notable villains and thieves, charging to present them either before his majesty's self or before the justice and his deputes at the day and place to be appointed, to underlie the law, according to the laws and general bond and under the pains contained in the same; and to try what obedience be shown by the persons to whom the said valentines shall be directed; and in case of their contempt by undutiful answer to put themselves to the knowledge of an assize and administer justice upon them, according to the laws and general bond.
Item, since experience declares that the marriage of the king's majesty's subjects upon the daughters of the broken men and thieves of England is not only a hindrance to his majesty's service and obedience but also to the common peace and quietness between both the realms, it is therefore statute and ordained by our sovereign lord and three estates of this present parliament that none of his subjects presume to take upon hand to marry with any English woman dwelling in the opposite marches without his highness's express licence had and obtained to that effect under the great seal, under the pain of death and confiscation of all his goods moveable; and that this be a special point of dittay in time coming.
Item, it is statute and ordained that the wardens of the marches adjacent to England take diligent inquisition what Englishmen occupy any Scottish ground in pasturage or tillage, and they bill the persons, offenders, in that behalf against the treaties and seek redress according thereto as they will answer upon their allegiance, at their highest charge and peril and under the pain of incurring his highness's indignation and displeasure.
Item, it is thought expedient, statute and ordained that all pledges received for the good rule and quietness of the borders shall be placed on the north side of the water of Forth, without exception or dispensation, and the pledges for the good rule of the highlands and isles to be placed on the south side of the same water of Forth; and that the justice clerk and his deputes, to whom the care of this order is committed, take special regard to the due execution hereof as they and every one of them will answer upon the execution of their offices.
Item, for relief of the landlord or bailie that shall happen to be charged for entry of his tenants or persons dwelling under his jurisdiction to underlie the law or to make redress, that he use warning and seek the order of removing against his tenants and occupiers of the ground and make them the king's rebels within the space of 40 days after the next term, not receiving mails or duties from them in the meantime; wherein his diligence being tried and found good and sufficient by the king's majesty and his privy council, or by his justice and his deputes, and that he performed all things that he could or that was in his power to do after the fact came to his knowledge, in that case he shall be relieved of the pain and danger of the law contained in this act.
Item, in case any landlord, bailie or chieftain of clan shall happen to be burdened with the taking and presenting to the justice of any malefactor, and that the same malefactor is fugitive from the law and refuses to relieve his landlord, bailie or chieftain, and that thereupon, according to the laws and general bond, they shall be constrained to burn the said disobedient person's houses and to hold them, their wives and bairns off the ground, it is statute and ordained in that case that the said disobedient persons, their heirs, wives, bairns nor any others pretending right from them or by their death or occasion shall have any action, criminal of civil, for the said removing, burning or ejection, but shall be simply absolved from there and all that may follow thereupon, whenever or wherever the same shall be pursued.
Item, that such intervening persons as take upon them to be sellers of the goods of thieves or disobedient persons and clans that dare not come to public markets in lowlands themselves, whereby the execution of the acts made concerning thieves and sorners of clans is greatly impeded and defrauded, shall, for that deed, being tried culpable thereof, incur the pain of banishment and confiscation of all their goods moveable, the one half to our sovereign lord's use and the other half to the party, apprehender and suiter.
† The roll of the names of the landlords and bailies of lands dwelling on the borders and in the highlands where broken men have dwelt and presently dwell
Landlords and bailies
The roll of the clans that have captains, chiefs and chieftains whom on they depend, often times against the will of their landlords, as well on the borders as highlands, and of some special persons of branches of the said clans
[1587/7/71]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, of his natural disposition, being at all times most careful to unite the whole hearts of his subjects, that his nobility, estates and common people at all times might be the more bent in his service for the advancement of the realm, has in good effect declared his intention in no way to enrich his crown with the damage of his subjects, nor that any of them against others for any variance fallen out in his highness's minority and less age should have any manner of strife hereafter, wherefore his highness and his three estates in his parliament held at Linlithgow, in the great hall of the palace thereof, on 10 December 1585, for great and weighty considerations tending to the general peace and quietness within this realm, retreated, rescinded and reduced whatsoever processes and dooms of forfeiture, sentences criminal and penal, led and given against whatsoever persons for the alleged offences contained in the said processes and sentences and for whatsoever others causes and alleged crimes done or that might be alleged to have been committed since his majesty's coronation, or that are contained in the said sentences of forfeiture led since his majesty's coronation, at whatsoever time the said crimes are alleged to be committed before, with all that followed or may follow thereupon; by the which restitution, the said persons forfeited, denounced rebels and put to the horn, or that were in any other way troubled, so many of them that were departed this life, were, by our said sovereign and his said three estates, fully reintegrated and restored in its entirety to their lands, heritages, rooms, possessions, benefices, pensions, offices, and to their honour, dignity and fame, likewise and in the same manner as if the said sentences had never been given. And further, our said sovereign lord, with advice of his said three estates of parliament, by a general abolition discharged all actions, criminal and penal, which might be competent to his highness's self for his own proper interest, as also that might result between his subjects of whatsoever quality upon any common cause of discontent of the estate offered in his highness's minority and less age, as in the said general acts of restitution, pacification and abolition at more length is contained, which acts and constitutions of parliament, and every one of them, our said sovereign lord and his three estates of this present parliament have of new advisedly seen and considered its every point and circumstance thereof, and find and declare the same to have been and to be made for the good of our sovereign lord, the preservation of his estate and for most just, necessary and profitable causes to the whole realm and for the quietness of all his highness's lieges; and therefore, his highness and three estates of this present parliament have ratified, approved and affirmed, likewise our said sovereign lord, with advice of his said three estates, by this act, for himself and his successors, ratifies, affirms and perpetually approves the same act of restitution, pacification and abolition of the date above-specified in all points, heads, articles, clauses and circumstances thereof, without any manner of exception, either of persons or crimes (except as shall be excepted in this present act). And further, by the authority of this present parliament, our said sovereign lord, with advice of his said three estates, after his perfect age as said is, of new reduces, rescinds, abrogates and annuls all and sundry the said dooms of forfeiture, sentences criminal and penal, all infeftments and dispositions of lands, heritages, rents, offices and benefices proceeding thereupon and that might or may be comprehended under the said general restitution, pacification and abolition made at Linlithgow the time aforesaid, or that may be comprehended in the first pacification concluded at Perth on 23 February 1572 [1573], ratified and approved in the parliament held thereafter at Holyroodhouse on 30 April 1573; which, and every particular, our said sovereign lord and his three estates hold as expressed herein and ordain the same to have full effect and force since the return of [Mary], late queen, his majesty's dearest mother, in this realm on 19 August 1561, to be at length inserted in this present act if need be.
And moreover, our said sovereign lord, to put all his lieges in full assurance, with advice of his said three estates of parliament, has retreated and rescinded and, by the tenor hereof, retreats and rescinds all and sundry processes of forfeiture led against whatsoever persons from the day of the arriving of our sovereign lord's late dearest mother within this realm, which was on 19 August 1561, to the day of his highness's coronation, and declares the same to be of no value, force nor effect with all that followed or may follow thereupon, except the special processes and sentences of forfeiture after-specified, which shall remain and abide in their own force, notwithstanding the premises: they are to say, James [Hepburn], sometime earl of Bothwell, James Ormiston, sometime of that Ilk, and all others yet alive who have been forfeited for art and part of the murder of [Henry Stewart, lord Darnley], his highness's late dearest father.
Excepting also the crimes underwritten committed by whatsoever person or persons, to wit, wilful murders or slaughters, fire-raising, burning of corns and houses, hoching† of oxen, breaking of ploughs, oppressions, plunder, ejections, intrusions and all other actions and suits, criminal and civil, whatsoever proceeding between person and persons upon their particular motions or interest and not following, not depending upon the common causes whereupon discontent fell out upon the government and estate.
Excepting also the crimes underwritten, to wit, theft, incest, witchcraft, ravishing of women, striking, bringing in and putting out of false coin, manslaughter in houses, in the highway or passage or beside the same, not depending upon the common cause as said is. And also, reserving to our sovereign lord's treasurer, comptroller and collector general and others, his officers, their suits and actions for his highness's property, casualties and thirds of benefices resting to his highness and for whatsoever jewels, garments, goods moveable and unmoveable pertaining to his highness's dearest mother or to himself.
And also excepting all other crimes, actions, matters, clauses and offences between private parties upon their own private causes, in no way proceeding and following upon the said common causes, which are in no way meant to be comprehended in this act; and therefore it shall be lawful for the parties that are offended to pursue their actions thereupon as freely as they might have done before whatsoever act or constitution made in the contrary notwithstanding.
And likewise our said sovereign lord and three estates in parliament have rescinded, reduced, called, retreated and annulled and, by the tenor hereof, rescind, reduce, abrogate, retreat and annul all and sundry renunciations, translations of right, dispositions of lands, rooms, heritages and possessions, offices, benefices or other goods and gear whatsoever made by whatsoever persons forfeited since our sovereign lord's coronation, the said processes of forfeiture standing against them and before they were fully restored, contrary to the same, or by whatsoever person or persons which were summoned to be forfeited, and, for fear of the said summons and sentence to follow thereupon, made any renunciation, translation, right, title or disposition of any their lands, rooms, possessions, heritages, offices and benefices to whatsoever person or persons with all obligations made by them, their cautioners and sureties whatsoever, by the which they were bound and obliged to warrant their said renunciations, translations and dispositions and never to come in contrary thereof.
And likewise our said sovereign lord, with advice of the said three estates of parliament, retreats, rescinds, abrogates and annuls all bonds and obligations made by whatsoever persons which were troubled for the said common cause or any occasion following or fallen out thereupon to whatsoever persons which indicted or dilated them of crimes and offences, sought and procured their forfeitures or deprivation from their offices or benefices, or the escheat of their moveable goods, and for eschewing of that inconvenience were moved to give the persons which troubled them obligations of sums of money or to do any other good deed for safety of them from the said greater inconveniences at that time; and decrees and declares that the principal party, their cautioners and sureties aforesaid, their heirs, executors, successors and assignees are and shall be in time coming acquitted and free of the aforesaid contracts, bonds, obligations and all action and penalty that may follow thereupon; and these two clauses to extend to all things done since his majesty accepted the government of the realm in his own person only, providing always that such as are excepted from the benefit of this present act whose names are before declared shall have no benefit of this provision, but the renunciations, translations, rights and dispositions made by them to stand in their own strength, force and effect.
Be it always understood that notwithstanding the restitution of John [Leslie], bishop of Ross, according to the general act, our sovereign lord, with advice of his three estates, wills and grants that James [Ruthven], earl of Gowrie and Dame Dorothea Stewart, his mother and tutrix, use and possess the teinds of the parish of Tarbert, according to their tack, until they be satisfied thereof at his majesty's sight and his chancellor's; and likewise that William Keith shall possess his pension to the time he be satisfied, as is before said, or that his majesty's will be declared thereupon.
Be it always understood that albeit William [Chisholm], bishop of Dunblane be comprehended under the act of general restitution, that notwithstanding the same shall in no way be extended in his favour until he has satisfied John [Graham], earl of Montrose, Alexander [Livingston], master of Livingston and others, the said earl's friends, by the sight of his majesty, his chancellor, justice clerk and Sir Robert Melville [of Murdocairnie], treasurer depute.
Item, our sovereign lord, with advice of the three estates in this present parliament, has declared and, by the tenor hereof, declares that the benefit of pacification, restitution and abolition made and granted in favour of John Mossman, goldsmith and burgess of Edinburgh, at any time heretofore, or that shall happen to be made and granted in his favour at any time hereafter, shall in no way be extended to the lands of Longhermiston, Currie and mill thereof, nor to any annualrents out of the same which pertained to the said late James Mossman, lying within the sheriffdom of Edinburgh principal, but that the said lands, annualrents and others above-written, with their pertinents, shall appertain to our said sovereign lord and his highness's successors as fallen and coming in his highness's hands through the process and doom of forfeiture led and deduced against the said late James Mossman, goldsmith, to be used and conveyed by his highness and his successors in all time coming at his pleasure, notwithstanding whatsoever pacification, restitution, abolition or other act of parliament granted or to be granted that may be extended or interpreted in the contrary, which our said sovereign lord in that part expressly revokes, abrogates and declares to be null and of no value. Likewise his highness, with advice aforesaid, revokes, abrogates and annuls all infeftments, gifts, dispositions made by his highness of the said lands and annualrents, with their pertinents, to whatsoever person or persons at any time heretofore preceding by reason of the said forfeiture or by whatsoever other manner of way, with all that has followed or may follow thereupon.
Item, our sovereign lord, with advice of the three estates in this present parliament, has declared and, by the tenor hereof, declares that the benefit of pacification, restitution and abolition made in favour of the bairns and heirs of the late Patrick Whitelaw of that Ilk at any time heretofore, or that shall happen to be made and granted in their favour at any time hereafter, shall in no way be extended to the lands of East Fenton, commonly called Fenton Tower of Oversydserf, with the tower, fortalice, manor places, houses, buildings, yards and pertinents of the same whatsoever, lying within the constabulary of Haddington and sheriffdom of Edinburgh, but that the said lands and others above-written, with their pertinents, shall pertain to his highness and his successors as fallen and coming in his hands through the process and doom of forfeiture led and deduced against the said late Patrick Whitelaw of that Ilk, to be used and conveyed by his highness and his successors in all time coming at his pleasure, notwithstanding whatsoever pacification, restitution, abolition or other act of parliament whatsoever granted or to be granted that may be extended or interpreted in the contrary, which his highness in that part expressly revokes, abrogates and declares to be null and of no value. And that our sovereign lord, with advice aforesaid, revokes, abrogates and annuls all infeftments, gifts and dispositions made by his highness of the said lands, tower, fortalice and others above-written, with their pertinents, to whatsoever person or persons heretofore preceding by reason of the said forfeiture or by whatsoever other manner of way, with all that has followed or may follow thereupon.
Providing always that this general restitution, reduction and annulling of forfeitures and general pacification shall in no way be extended to any goods, rooms, tacks, steadings or possessions presently appertaining to Sir Walter Ogilvy of Findlater, knight, or that were conveyed to the late James Ogilvy of Findlater, his grandfather, by the forfeiture of the late Sir John Gordon of Deskford, knight, either held of his highness and his successors or of whatsoever other superiors by his highness's or his predecessors' letters of presentation directed to them, but that the said infeftments shall stand in full form, force and effect to the said Sir Walter and his heirs in all time coming, according to the tenors thereof and according to the decreet arbitral given between George [Gordon], earl of Huntly, grandfather to George [Gordon], now earl of Huntly, and the said late Sir John Gordon of Deskford, knight, his son, with consent of the said George, earl of Huntly, his father, as lawful administrator to him, on that one part, and the said late James Ogilvy of Findlater, grandfather to the said Sir Walter Ogilvy of Findlater, knight, on that other part, by the late Mary [of Guise], queen dowager and regent of this realm, and certain noble and honourable persons chosen by the said parties, of the date 21 May 1556; and also another decreet arbitral given between the late George, earl of Huntly that last deceased, Adam Gordon of Auchindoun, his brother, and the said James Ogilvy of Findlater, by certain honourable judges chosen by the said parties and the late queen, our sovereign lord's dearest mother, as arbitrator and overswoman, of the date 23 March 1566 [1567], and registered in the books of council on 18 April 1567, and according to the ratification of the said decreets made by Master James Gordon, father's brother to George, now earl of Huntly, of the date at Elgin on 27 July 1586, and registered in the books of council on 10 May 1587; the which decreets and ratification thereof aforesaid, together with the said infeftments granted to the said late James Ogilvy of Findlater, our sovereign lord and three estates in parliament ratify, approve and perpetually confirm in all points, so that the said Sir Walter Ogilvy, now of Findlater, and his heirs may peaceably possess and enjoy all lands, heritages, baronies, offices, tacks, steadings, rooms, possessions, mills, multures, fishings, woods, forests and others whatsoever contained and specified in the said infeftments, or the said decreets arbitral, or that he presently possesses and uses, or in the which he is any way infeft, which may be annulled or taken away by the annulling of the said forfeiture, notwithstanding this present act and as freely and peaceably in all respects as the said act had not been given and granted.
Our sovereign lord and three estates of parliament ratify and approve the act made of before in the parliament held at Linlithgow, in the great hall of the palace thereof, on 10 December 1585, touching the decreet of redemption of the lands of Woodhouselee, with their pertinents, lying within the sheriffdom of Edinburgh, and others contained in the said decreet by Sir Lewis Bellenden of Auchnoull, knight, justice clerk to our sovereign lord, as the said decreet in itself at more length purports, in all clauses, heads and circumstances of the same, notwithstanding any act or constitution, general or particular, made in this present parliament in the contrary.
[1587/7/72]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the king's majesty and three estates of this present parliament, compeared personally Claud, commendator of Paisley and William Baillie of Lamington, and in name and behalf of John, earl of Morton, lord Maxwell, protested that by the general act of restitution and rehabilitation of the heirs of all persons forfeited in his highness's minority since his coronation for whatsoever offence, excepting as is therein specially excepted, and specially by rehabilitation granted to Archibald [Douglas], earl of Angus, as nearest heir to succeed to the late James [Douglas], earl of Morton, in and to the earldom of Morton, lordship of Dalkeith, etc., that the said John, earl of Morton in no way be prejudiced of that part of the lands, earldom and regality of Morton or lordship of Dalkeith pertaining or competent to him lawfully by birthright, either as heir to the late James, earl of Morton, lord Dalkeith, his grandfather, or as heir to Dame Beatrix Douglas, lady Maxwell, his mother; and likewise protested that the premises in no way alter nor infringe any condition of the said Lord Maxwell's licence granted to him before his late departing out of this realm in May last, and that nothing done in this parliament might be hurtful or prejudicial to the said lord in any way; whereupon the said Claud, commendator of Paisley and William Baillie of Lamington, in name and behalf of the said Lord Maxwell, asked and required act and instruments.
[1587/7/73]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the king's majesty and three estates of this present parliament, compeared personally Robert, lord Boyd, for himself and these persons underwritten: they are to say, Thomas [Boyd], master of Boyd, Robert Boyd of Badenheath, James Boyd of Kipps, George Elphinstone of Blythswood, Hugh Crawford of Cloberhill and Alexander Boyd, brother-german to Adam Boyd of Penkill, and the said Lord Boyd, for himself and in name of all the special persons above-specified, protested that the benefit of pacification and restitution granted to James Beaton, archbishop of Glasgow in no way hurt nor prejudice the said lord and aforesaids concerning whatsoever right, title, tack, rental or feu granted to them, or any of them, by the late James Boyd, archbishop of Glasgow for the time, or any others, his predecessors, in any sort, but that their said rights may stand in full effect in time coming, notwithstanding the constitution aforesaid; and thereupon the said Lord Boyd, for himself and remaining persons above-written, asked acts and instruments.
[1587/7/74]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the king's majesty and three estates of parliament, compeared personally Robert [Keith], commendator of Deer and there, in name and behalf of [...] Abernethy, brother to the Lord Saltoun, protested solemnly that the benefit of pacification and restitution granted generally to all persons forfeited should in no way hurt or prejudice the said [...] Abernethy, his sister's son, concerning whatsoever right or title obtained by him or his predecessors of the lands and living of Lessendrum, but that the same rights and titles may stand in full effect in time coming, notwithstanding the act of ratification of the pacification, restitution and abolition passed generally in this present parliament; and thereupon asked acts and instruments.
[1587/7/75]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the king's majesty and three estates of parliament, compeared personally John Beaton of Balfour, and protested solemnly that the benefit and favour of restitution granted in this present parliament to James [Beaton], archbishop of Glasgow shall in no way be hurtful or prejudicial to the said John Beaton of Balfour, served and retoured nearest and lawful male heir and of tailzie to the late John Beaton of Balquharg, his grandfather's brother, of all and whole the lands of Auchmuty, South and North Carries, Grange of Connan and their pertinents, lying within the regality of Arbroath and sheriffdom of Forfar, whereupon infeftment has followed, with possession in the said John's person concerning his rights and titles of the said lands, notwithstanding the act of ratification of the pacification, restitution and abolition passed generally in this present parliament; and thereupon asked acts and instruments.
[1587/7/76]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the king's majesty and three estates of parliament, compeared personally John Chalmers of Troquhain and there, in name and behalf of [...] Chalmers, widow of the late James Boyd, archbishop of Glasgow, protested solemnly that the benefit and favour of restitution granted in this present parliament to James Beaton, archbishop of Glasgow shall in no way be hurtful or prejudicial to her and her bairns concerning their rights and titles of whatsoever lands or possessions of the patrimony of the archbishopric of Glasgow or otherwise, notwithstanding the act of ratification of the pacification, restitution and abolition passed generally in this present parliament; and thereupon asked acts and instruments.
[1587/7/77]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the king's majesty and three estates of parliament, compeared personally John [Graham], earl of Montrose, lord Graham, etc., for himself and remaining persons that passed upon the assizes underwritten, and protested solemnly that the benefit and favour of restitution and general abolition passed in this present parliament should in no way be hurtful or prejudicial to the persons that were upon the assizes of the late earls of Morton and Gowrie, notwithstanding the act passed thereupon in this present parliament; and thereupon asked acts and instruments.
[1587/7/78]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament, remembering the great and wonderful calamities which have been within this realm continually since his majesty's coronation, and what travail and care has been taken and sustained by our said sovereign lord and three estates aforesaid for extinguishing and abolishing of the said troubles and whole memory thereof, to the effect that the whole subjects of this realm and specially the nobility who, by his majesty's great travail, are fully reconciled, may stand in perpetual friendship and amity; and to the effect that no occasion be administered to break or dissolve the said friendship, our sovereign lord, with express advice and consent of the said three estates of this present parliament, statutes, declares and ordains that none of his lieges nor subjects shall be called nor accused, criminally nor civilly, for taking of houses, free persons intromitting with their goods and gear, keeping of the said free persons after their taking, or for any other thing following or depending thereupon when the same was done at commandment of our said sovereign lord, whose commandment our said sovereign lord and three estates declare and ordain to be a sufficient warrant to the said persons for their taking and apprehending of free persons, their houses and places and intromission with their goods and gear and disposing thereupon, and that during the whole time of the late troubles which have continued since his majesty's coronation; discharging by this act the lords of his highness's council and session and all other judges and ministers of his laws within this realm to grant any occasion, action or process to whatsoever person or persons within this realm for spoiling of or intromission with their goods, jewels, evidences, gold, silver, garments, furnishing or plenishing or other goods or gear whatsoever intromitted with by any of our sovereign lord's lieges at his highness's commandment, or for taking of their houses and persons and keeping thereof, for the which no action, civil nor criminal, shall be granted as said is, providing always that this act be in no way hurtful nor prejudicial to sentences and decreets already obtained and executions thereof, nor any profits that may be acclaimed by virtue of the said decreets, nor to such actions as his majesty has taken upon himself to judge in by advice of his estates. And because the persons whose goods and gear was intromitted with in manner aforesaid are by this present act excluded from their action, criminal and civil, as said is, so that they will never be heard to pursue for that in judgement, and nevertheless other persons whose goods were in their hands, either in keeping or by their office of tutory or curatorship, and others to whom they were obliged otherwise for rendering of them, may trouble and move action to the said persons which were troubled and out of whose hands the said goods were intromitted by them, which are now discharged thereof, it is most reasonable that as they from whom the said goods were taken are debarred from their pursuit thereof, so should they be relieved and freed of all action that may be moved against them by any other persons for the goods which were taken from them in the troublous times and by our said sovereign lord's commandment in manner aforesaid; therefore, it is also statute and ordained that no person or persons of whatsoever quality they be shall have action to trouble or pursue the persons who are excluded from the said action by the former part of this statute in manner aforesaid for any goods, gear, sums of money, corns, cattle or other goods intromitted with and taken from them by our sovereign lord's commandment by the said other persons having his highness's commandment thereto during the time of the said troubles, but they shall be free and quit thereof in all time coming at all hands having or that may pretend entry thereto by whatsoever manner of way.
[1587/7/79]*[print] [email] [cite] [preceding] [following]
The which day compeared George Herring as procurator for James [Ruthven], earl of Gowrie and Dame Dorothea Stewart, countess of Gowrie, his mother and tutrix testamenter to him, protested that this act in no manner of way should prejudice the said earl and his said mother of that action which they might have against John [Graham], earl of Montrose and others for spoiling of certain corns, goods, furnishing, plenishing and others intromitted with by them appertaining to the late William [Ruthven], earl of Gowrie and to the said Dame Dorothea out of the said late earl's mains and place of Ruthven and other places and mains.