[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.