[1592/4/15]*[print] [email] [cite] [preceding] [following]
†Parliament of the most excellent prince James VI, king of Scots, held in Edinburgh, 5 June 1592. Present: the king, [... ... ...], George [Keith], earl Marischal, Francis [Hay], earl of Erroll, constable, Master Thomas Rollock, depute of the sheriff of Edinburgh, and James Nisbet, dempster.
[1592/4/16]*[print] [email] [cite] [preceding] [following]
The which day, Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, for verifying of the said reason contained in the said summons of treason raised against the said Dame Margaret Douglas, countess of Bothwell, and Francis [Stewart], sometime earl of Bothwell, her spouse, for his interest, James Douglas of Spott, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie, William Stewart, sometime constable of Dumbarton, John Hamilton, younger, of Samuelston, William Learmonth of the Hill, Robert Home, [younger, of] the Heugh, Hercules Stewart of Whitelaw, George Auchencraw of East Reston, Patrick Auchencraw there, Master Thomas Cranston, younger, of Murieston, John Cranston, his brother-[german], John Wauchope, bailie of Niddrie, John Ormiston in Smailholm, Robert Ormiston, hi[s son], James Stewart of Tynneis, Patrick Crummy of Caribdin and David Orme of Mugdrum, pr[...] and repeated the extract of the forfeiture led and pronounced before the justice and his deputes against the said Francis, sometime earl of Bothwell, subscribed by [Sir John Cockburn], laird of Ormiston, justice clerk, of the date 25 June 1591, depositions of certain witnesses who were taken and executed to the death for the crime libelled, and depositions of diverse other witnesses examined before the said lords of articles in the said matter, the notoriety of the deed libelled, and coming of the defenders to the place of Holyroodhouse the time libelled, which, in matter of high treason, should make full probation, and that the lords of parliament, being the great assize of the country, of the daily practice, whatsoever person clears not of certain knowledge the persons accused, he finds them guilty, and the common notoriety of this fact and treason and contumacy of the defenders is sufficient to make no man clear them; and was content the foresaid process and summons of treason be held concluded and deserved the estates to advise the process and to pronounce their sentence of parliament therein according to the said probations and their consciences.
The which day, our sovereign lord and his highness's advocate passed from the said Jo[hn] Wauchope, bailie of Niddrie, and declared that his highness would no way insist against him.
And immediately thereafter the said Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, exhibited and produced before the king's majesty and whole estates, as he did diverse times of before, the summons of treason underwritten, raised and pursued at the instance of our sovereign lord his highness's justice against Dame Margaret Douglas, countess of Bothwell, Francis, sometime earl of Bothwell, her spouse, for his interest, James Douglas of Spott, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie, William Stewart, sometime constable of Dumbarton, John Hamilton, younger, of Samuelston, William Learmonth of the Hill, Robert Home, younger, of the Heugh, Hercules Stewart of Whitelaw, George Auchencraw of East Reston, Patrick Auchencraw there, Master Thomas Cranston, younger, of Murieston, John Cranston, his brother-german, John Ormiston of Smailholm, Robert Ormiston, his son, James Stewart of Tynneis, Patrick Crummy of Caribdin, and David Orme of Mugdrum; whereby they were summoned to compear before our sovereign lord on 24 May last, with continuation of days, to have answered to the points of treason underwritten, contained in the said summons, of the which summons the tenor follows:
James, by the grace of God, king of Scots, sends greeting to our beloved lyon king at arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, John Ferguson, Archibald Douglas, Robert Stewart and David Bryson, key-keepers, Ormond, Bute, Unicorn, Carrick, pursuivants, messengers, and jointly and severally, specially appointed sheriffs in that part. We instruct and order you to summon lawfully and peremptorily before witnesses James Douglas of Spott, Master John Colville of Strathurdie, Hercules Stewart of Whitelaw, John Hamilton, younger, of Samuelston, Archibald Wauchope of Niddrie, younger, James Stewart of Tynneis, William Stewart, late constable of Dumbarton, William Learmonth of the Hill, Master Thomas Cranston, younger, of Murieston, John Cranston, his brother, Robert Home, younger, of Heugh, John Ormiston in Smailholm, Robert Ormiston, his son, Patrick Crummy of Caribdin, David Orme of Mugdrum, George Auchencraw of East Reston, Patrick Auchencraw, of the same place, Dame Margaret Douglas, countess of Bothwell, and Francis Stewart, formerly earl of Bothwell, her spouse, for his interest, conspirators, perpetrators and concealers of the following crimes of lese-majesty, personally, if you can conveniently have their presence in person, otherwise at their dwelling places, or by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Lanark, Dumfries, Stirling, etc., and other places as necessary when they live or stay outwith our realm or have no fixed abode within it, at the said market crosses and other places as necessary, under 60 days' warning, in such a way that this summons could be likely to come to their ears and their notice, that they compear before us or our justiciar on 24 May next, in our parliament to be held at Edinburgh on the [...] of the month of [...], at the hour of cases, with continuation of days, to answer to us or to our justiciar in the foresaid parliament for the following treasonable crimes, that is to say the said James Douglas of Spott, Master John Colville, Hercules Stewart, Archibald Wauchope of Niddrie, younger, John Hamilton, younger, of Samuelston and each and all of their accomplices specified above, for their treasonable art and part, counsel and assistance in their recent treasonous conspiracy, plotting and proceeding with the horrendous deed against our honourable person and life committed by the said persons on 27 December last, in the silence of night, in their treasonous invasion of our palace of Holyroodhouse, entering with the aid, participation and company of the said Francis, formerly earl of Bothwell and other murderous, violent robbers and suchlike immoderate armed men, fugitives from our laws, with deliberate thought and the certain intention of putting violent hands on our noble person, so that they could either nefariously end our life or carry us away as captive. To this end, the foresaid conspirators directly accessed our private chamber or bedroom and nefariously set fire at the doors, threatening and swearing violent death to our domestic servants unless they declared where we were. They made no enquiry about any other person except us, and proceeded violently to break down with hammers the door of the interior chamber of our dearest wife the queen. Finally, realising that they were not able to advance their wickedness enough to reach their nefarious and criminal objectives, in their retreat they, still unsatisfied, killed and strangled our domestic and familiar servants, thus committing the most manifest crimes of high treason against us, our life, royal authority and laws; and also for their treasonous hiding and concealment of the said conspiracy and their plotting, contract and execution of the same. Accordingly, the said James Douglas of Spott, Master John Colville, Hercules Stewart, Archibald Wauchope, younger, of Niddrie and all of their accomplices specified above as conspirators and treasonous executors are for seeing and hearing that it is decreed and declared by us and by the decreet of the three estates of our realm that they or any of them in respect of the foregoing have incurred the crime of lese-majesty. Also, for the forementioned and very many other rebellions, transgressions and treasonable crimes impiously and nefariously perpetrated by the foresaid persons against us, our realm and our royal authority, that they should present and show themselves on the said day in the said place, with continuation of days, in obedience to the law. Further, they should await and subject themselves to our justice and that of our parliament in this regard, following the laws of our realm. The said persons, conspirators, perpetrators and concealers of the preceding crimes, and any of them, for hearing and seeing, on the basis of the foregoing, that it is decided and decreed, by us and by the decreet of the three estates of our realm, that they have incurred the charge of lese-majesty. For that reason, their goods, movable and immovable, both lands and offices, and other things relating to them, are confiscated by us in perpetuity, and remain with us as property, and their persons undergo the penalty of treason and the ultimate punishment inflicted by the laws of our realm. Further, it is intimated to the foresaid conspirators and to whomsoever of them that they must answer these charges and obey the law, whether they have appeared on the said day and in the said place, with continuation of days, or not, and that we and our said justiciar shall proceed in regard to the foregoing, in line with justice. Further, you are to cite etc. to appear before us or our justiciar on the said day and in the said place, with continuation of days, to demonstrate loyal testimony in the foresaid case, under pain of the law. Also, you shall hand over the present letter, duly executed and endorsed, to its bearer. Also, you who served writs if [...] are to be on the said day in the said place, in the presence of ourselves or our said justiciar, bearing with you written proof of your summons, or witnesses themselves. We give authority to you, and to whomsoever of you, our sheriffs in this regard, jointly and severally. Given under testimony of our great seal, at Edinburgh on 10 February in the year of the Lord 1591 [1592], and in the twenty-fifth year of our reign. And the same persons are to hear these and other crimes related on the said day, and the law obeyed. And therefore their goods, lands and office are to be confiscated to the king, and their bodies are to undergo the ultimate punishment available by law. The cause will proceed to judgement whether they compear or not. The heralds, messengers, etc., are ordered to compear on the said day to give faithful testimony and with these letters duly executed and indorsed, and with testimony of the summons. Power is committed to the heralds, messengers, etc., to this end. Under the great seal, Edinburgh, 10 February 1591 [1592], twenty-fifth year of the reign.
Here follows the tenor of the executions and endorsements of the said summons of treason:
Upon 1 March 1591 [1592], I, David Wilson, messenger, passed at command of these, our sovereign lord's letters under the quarter seal, and lawfully summoned, warned and charged William Stewart, sometime constable of Dumbarton, at his dwelling house in Dumbarton, because I could not apprehend him personally. And after I had knocked six knocks at the door of his said dwelling house, I affixed a copy of these within written letters thereupon, to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, before these witness: William Houston, tailor, and James Ar[mour], courier, with sundry others. And for the more witnessing hereof, my signet is affixed.
Upon 4 March 1591 [1592], I, William Forsyth, messenger, passed at command of these, our sovereign lord's letters, and lawfully summoned, warned and charged Ar[chibald] Wauchope, younger, of Niddrie, and John Hamilton, younger, of Samuelston, at their dwelling places there, because I could not apprehend them personally. And after I had knocked six several times upon every one of the gates of their said dwelling houses respectively, I affixed upon each one of the same a copy of the said letters to compear in parliament, day and place within written, to the effect within contained, [after] the form and tenor of these within written letters in all points, before these witness: H[enry] Girdwood and Robert Symonton with sundry others. And for the more witnessing hereof, [my] signet is affixed.
Upon 5 March 1591 [1592], I, the said William Forsyth, messenger, passed at command foresaid and lawfully summoned, warned and charged William Learmonth of the Hill and Robert Home, younger, [of] the Heugh, at their said dwelling places respectively, because I could not apprehend them personally. And after I had knocked six several times at their gates as is usual, I affixed a copy upon either of the same to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of the within written letters in all points, before these witnesses: George Liddell, Henry Girdwood and Robert Symonton. And for the more witnessing hereof, my signet is affixed.
Upon 6 [March 1592], I, the said William Forsyth, messenger, passed at command foresaid and lawfully summoned, warned and charged Hercules Stewart of Whitelaw at his dwelling place of Morham, James Douglas of Spott at his dwelling place there, because I could not apprehend them personally. And after I had knocked six several times at the gates respectively of their dwelling places foresaid, I affixed a copy upon the gates and doors of either of their dwelling places to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, before these witnesses: Henry Girdwood and Robert Symonton, with sundry others. And for the more witnessing hereof, my signet is affixed.
Upon 7 [March 1592], I, the said William Forsyth, messenger, passed at command foresaid and lawfully summoned, warned and charged George and Patrick Auchencraw at their dwelling place of East Reston, because I could not apprehend them personally. And after I had knocked six several times at the gates respectively of their dwelling places, I affixed a copy upon either of the gates and doors of their said dwelling places respectively, to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, before these witnesses: Henry Girdwood and Robert Symonton. And for the more witnessing hereof, my signet is affixed.
Upon 9 [March 1592], I, the said William Forsyth, messenger, passed at command above-written and lawfully summoned, warned and charged Master Thomas Cranston, younger, of Murieston, John Cranston, his brother, at their dwelling places there, John Ormiston of Smailholm, Robert Ormiston, his son, at their dwelling places there, because I could not apprehend them personally. And after I had knocked six several times at the gates respectively of their dwelling places foresaid, I affixed a copy upon the doors and gates of their said dwelling places respectively to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, before these witnesses: Henry Girdwood and Robert Symonton, with diverse others. And for the more witnessing, my signet is affixed.
Upon 10 [March 1592], I, the said William Forsyth, messenger, passed at command of these, our sovereign lord's letters, and lawfully summoned, warned and charged Dame Margaret Douglas, lady Bothwell, and Francis [Stewart], sometime earl of Bothwell, her spouse, for his interest, at his dwelling house in Kelso, because I could not apprehend them personally. And after I had knocked six several times upon the gates of their dwelling place foresaid, I affixed an authentic copy of these within written letters upon the gate and door of the same to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these letters in all points, before these witnesses: Henry Girdwood and Robert Symonton, with diverse others. And for the more witnessing my signet is affixed.
Upon 15 March 1591 [1592], I, the said William Forsyth, messenger, passed at command as said is and lawfully summoned, warned and charged James Stewart of Tynneis at his dwelling place there, William Stewart, sometime constable of Dumbarton at his dwelling place of Tynneis, because I could not apprehend them personally. And after I had knocked six several times at their dwelling place foresaid, I affixed a just copy upon the door and gate thereof to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these letters in all points, before these witnesses: Henry Girdwood and Robert Symonton. And for the more witnessing hereof, my signet is affixed.
Upon 17 [March 1592], I, the said William Forsyth, messenger, passed at command as said is and lawfully summoned, warned and charged Dame Margaret Douglas, countess of Bothwell, and Francis, sometime earl of Bothwell, her spouse, for his interest, at the dwelling place of Crichton, because I could not apprehend them personally. And after I had knocked six several times at the gate thereof, I affixed a copy upon the gate of the same dwelling place to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these letters in all points, before these witnesses: Henry Girdwood and Robert Symonton, with diverse others. And for the more witnessing my signet is affixed.
Upon 7 March [1592], I, Ninian Weir, messenger, passed at command of these, our sovereign lord's letters under the quarter seal, and lawfully summoned, warned and charged Patrick Crummy of Caribdin at his dwelling house there, because I could not apprehend him personally. And after I had knocked six knocks at the gate thereof I affixed a copy thereupon to compear in parliament, day and place written within, to the effect within contained, after the form and tenor of these within written letters in all points, before these witnesses: Andrew Henderson and William Clerk, with diverse others. And for the more witnessing to this my endorsement, my signet is affixed.
Upon 8 [March 1592], I, the said Ninian Weir, passed at command of these, our sovereign lord's letters, and lawfully summoned, warned and charged Master John Colville of Strathurdie at his dwelling place of Tillicoultry, because I could not apprehend him personally. And after I had knocked six several knocks at the gate thereof, I affixed a copy thereupon of these within written letters to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, before these witnesses: Andrew Henderson and William Clerk, with diverse others. And for the more witnessing, my signet is affixed.
Upon 9 [March 1592], I, Ninian Weir, messenger foresaid, passed at command as said is and lawfully summoned, warned and charged Archibald Wauchope, younger, of Niddrie, at his dwelling place of Rosyth, because I could not apprehend him personally. And after I had knocked six knocks at the gate thereof, I affixed a copy thereupon of these our sovereign lord's letters within written to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, before these witnesses: Andrew Henderson and William Clerk, with diverse others. And for the more witnessing, my signet is affixed.
Upon 10 [March 1592], I, Ninian Weir, passed at command as said is and lawfully summoned, warned and charged David Orme of Mugdrum at his dwelling place there, because I could not apprehend him personally. And after I had knocked six knocks at the gate thereof, I affixed the copy of these within written letters thereupon to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these letters in all points, before these witnesses: Andrew Henderson and William Clerk, with diverse others. And for the more witnessing, my signet is affixed.
Upon 1 March 1591 [1592], I, David Wilson, messenger, because the whole persons following were fugitive from their dwelling house whereof some of them also had no pertinent dwelling place and could not be apprehended personally, therefore I passed at command of these, our sovereign lord's letters under the quarter seal, to the market crosses of Glasgow and Dumbarton and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged James Douglas of Spott, Master John Colville of Strathurdie, Hercules Stewart, brother to Francis, sometime earl of Bothwell, John Hamilton, younger, of Samuelston, Archibald Wauchope of Niddrie, younger, James Stewart of Tynneis, William Stewart, sometime constable of Dumbarton, William Learmonth of the Hill, Master Thomas Cranston, younger, of Murieston, John Cranston, his brother, Robert Home, younger, of Heugh, John Ormiston of Smailholm, Robert Ormiston, his son, David Orme of Mugdrum, George Auchencraw of East Reston, Patrick Auchencraw there, Dame Margaret Douglas, countess of Bothwell, and Francis, sometime earl of Bothwell, her spouse, for his interest, to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed copies upon the crosses respectively foresaid, before these witnesses: David Campbell, Gavin Boyle, burgesses of Dumbarton, Hector and James Stewart, burgesses of Glasgow, with diverse others. And for the more witnessing hereof, my signet is affixed.
Upon 3 March [...] 1591 [1592], I, Ninian Weir, messenger, for the cause and reason above-written, passed at command of these, our sovereign lord's letters under the quarter seal, to the market cross of Edinburgh and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged the foresaid whole defenders contained in the execution immediately preceding to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a just copy upon the said market cross, before these witnesses: William Forsyth, messenger, and Andrew Henderson in Edinburgh, with diverse others. And for the more witnessing hereof, my signet is affixed.
Upon 9 March etc, I, Nicol Newell, messenger, for the cause and reason foresaid, passed at command of these, our sovereign lord's letters under the quarter seal, to the market cross of Dumfries and, after three oy[ez] as is usual, there, by open proclamation, summoned, warned and charged the whole aforenamed persons to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: John Finlayson, called the courier, John Aitken in the Kirkgate. And for the more witnessing hereof, my signet is affixed.
Upon 7 March [1592], I, Ninian Weir, messenger, for the cause and reason above-specified, passed at command foresaid to the market cross of Linlithgow and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged the whole aforenamed persons to compear in parliament, day and place within written, to the effect within contained, with certification within specified after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: Andrew Henderson and William Clerk with diverse others. And for the more witnessing hereto, my signet is affixed.
Upon 8 [March 1592], the said Ninian Weir, messenger, for the cause and reason above-expressed, passed at command foresaid to the market cross of Stirling and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged the whole forenamed within written persons to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: Andrew Henderson and William Clerk, with diverse others.
Upon 9 [March 1592], I, the said Ninian Weir, messenger, for the cause and reason above-nominated, passed at command foresaid to the market crosses of Clackmannan and Kinross and there, by open proclamation, lawfully summoned, warned and charged all the aforenamed within written persons to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed copies upon the said market crosses respectively, before these witnesses: Andrew Henderson and William Clerk, with diverse others.
Upon 10 [March 1592], I, the said Ninian Weir, messenger, for the cause and reason above-rehearsed, passed at command foresaid to the market cross of Perth and there, by open proclamation, lawfully summoned, warned and charged the whole within written and above-named persons to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed the just copy upon the said market cross, before these witnesses: Andrew Henderson and William Clerk. And for the more witnessing hereof, my signet is affixed.
Upon 11 [March 1592], I, the said Ninian Weir, messenger, for the reason and cause above-expressed, passed at command foresaid to the market cross of Cupar in Fife and, after three oyes as use is, there, by open proclamation, lawfully summoned, warned and charged the particular persons above and within written to compear in parliament, day and place within expressed, to the effects within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: Andrew Henderson and William Clerk, with diverse others. And for the more witnessing hereof, my signet is affixed.
Upon 4 March 1591 [1592], I, William Forsyth, messenger, for the reason and cause above-written, passed at command of these, our sovereign lord's letters under the quarter seal, to the market cross of Haddington and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged the whole aforenamed persons particularly above and within written to compear in parliament, day and place within named, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before George and John Ayton, burgesses of Haddington, with diverse others. And for the more witnessing, my signet is affixed; and also before Henry Girdwood and Robert Symonton.
Upon 8 March [1592], I, the said William Forsyth, messenger, for the cause and reason above-written, passed at command of these within written letters to the market cross of Duns and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged the whole aforenamed and within written persons to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: John Strathauchin, messenger, Henry Girdwood and Robert Symonton, with sundry others. And for the more witnessing, my signet is affixed.
Upon 11 March [1592], I, the said William Forsyth, messenger, for the reason and cause above-written, passed at command foresaid to the market cross of Jedburgh and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged the whole persons above and within written to compear in parliament, day and place within expressed, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: William Rutherford, provost of Jedburgh, William Batoun, bailie thereof, Henry Girdwood and Robert Symonton. And for the more witnessing hereof, my signet is affixed.
Upon 13 [March 1592], I, the said William Forsyth, messenger, for the cause and reason foresaid, passed at command of these within written letters to the market cross of Selkirk and, after three oyes as is usual, there, by open proclamation, lawfully summoned, warned and charged the whole persons above and within named to compear in parliament, day and place within written, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: Henry Girdwood and Robert Symonton. And for the more witnessing, my signet is affixed.
Upon 16 [March 1592], I, the said William Forsyth, messenger, for the cause and reason above-written, passed at command foresaid to the market cross of Peebles and, after three oyes, there, by open proclamation, lawfully summoned, warned and charged the whole aforenamed persons within written to compear in parliament, day and place within specified, to the effect within contained, after the form and tenor of these within written letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: Henry Girdwood, Robert Symonton, James Tweedy and Patrick Dickson, bailies of Peebles. And for the more witnessing hereof, my signet is affixed.
Upon 21 [March 1592], I, the said William Forsyth, messenger, for the cause and reason above-specified, passed at command foresaid to the market cross of Lanark and, after three oyes, there lawfully summoned, warned and charged the whole aforenamed and within written persons to compear in parliament, day and place within contained, to the effect within written, after the form and tenor of these our sovereign lord's letters in all points, whereof I affixed a copy upon the said market cross, before these witnesses: Henry Girdwood and Robert Symonton, with diverse others. And for the more witnessing hereof, my signet is affixed.
Which summons, with the executions and endorsements thereof respectively foresaid, being this instant day read in presence of his majesty and whole estates of parliament first in Latin and next in Scots, and the said whole defenders respectively above-written not passed from as said is being thrice called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answered to the said summons and reasons contained therein, and none of them compearing to have defended in the said matter and to have answered to the said summons, the said Master David MacGill, advocate to his majesty, desired the said estates' declaration if the reasons of the said summons were relevant; which estates and every one of them all in [...] voice found the same relevant against the whole persons underwritten; therefore, the said advocate of new, for verifying of the said reason contained in the said summons of treason, produced and repeated the extract of forfeiture led and deduced before the justice and his deputes against the said Francis, sometime earl of Bothwell, depositions of the said witnesses, the notoriety of the fact, and repeated the whole probations repeated by him of before in the sa[...] matter this instant day, and desired the said estates of parliament to advise the said depositions of witnesses and other probations and to pronounce their sentence of parliament therein, according to the same probations and their consciences. And thereafter the depositions of the whole witnesses executed to the death and of the witnesses examined in presence of the said lords of articles, whole writs and probations being read, seen and considered by the said whole estates of parliament in presence of the king's majesty, and they therewith being ripely advised, the said lords and estates of parliament find, decree and declare that the said Dame Margaret Douglas, sometime countess of Bothwell, James Douglas of Spott, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie, William Stewart, sometime constable of Dumbarton, John Hamilton, younger, of Samuelston, William Learmonth of the Hill, Robert Home, younger, of the Heugh, Hercules Stewart of Whitelaw, George Auchencraw of East Reston, Patrick Auchencraw there, Master Thomas Cranston, younger, of Murieston, John Cranston, his brother-german, John Ormiston of Smailholm, Robert Ormiston, his son, James Stewart of Tynneis, Patrick Crummy of Caribdin and David Orme of Mugdrum, and every one of them, have committed and done open and manifest treason against our said sovereign lord in all points and articles contained in the said summons, and therefore it was given for doom by the mouth of James Nisbet, dempster of parliament, in manner and form as follows:
This court of parliament shows for law that the said Dame Margaret Douglas, sometime countess of Bothwell, James Douglas of Spott, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie, William Stewart, sometime constable of Dumbarton, John Hamilton, younger, of Samuelston, William Learmonth of the Hill, Robert Home, younger, of Heugh, Hercules Stewart, Master Thomas Cranston, John Cranston, John Ormiston, Robert Ormiston, James Stewart, Patrick Crummy and David Orme, George Auchencraw of East Reston and Patrick Auchencraw, and every one of them, have committed and incurred the crime of treason and lese-majesty above-written in manner at length contained in the said summons, and therefore decrees and declares all their goods, moveable and unmoveable, as well lands as offices and other things whatsoever belonging to them, to be confiscated to our said sovereign lord and to remain perpetually with his highness in property, and their persons to underlie the pain of treason and utter and last punishment appointed by the laws of this realm, and that I give for doom.
[1592/4/17]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the process, conviction, sentence and doom of forfeiture led, deduced and pronounced of before by [Archibald Campbell, earl of Argyll], his highness's justice general, and his deputes in the justice court held at Edinburgh, 25 June 1591, against Francis, sometime earl of Bothwell etc., with all conditions, clauses and circumstances thereof; and ordain the same to stand in the full force, strength and effect and to have due execution as appropriate, whereof the tenor follows:
The court of justiciary of our supreme lord the king held in the tolbooth of Edinburgh on 24 May 1591 by the discreet men Master Edward Bruce, William Oliphant of that Ilk and James Wardlaw, justices depute of the noble and powerful lord Archibald [Campbell], earl of Argyll, Campbell and Lorne, etc., justice general of the said supreme lord our king of all his realm, wherever appointed. The suits called the court fenced. The which day, Francis, earl of Bothwell, lord Crichton and Hailes etc., being presented on panel in presence of the said justice deputes and being dilated and accused by ditty for raising of men of war, convocation of our sovereign lord's lieges, broken men, borderers (and as he alleged pledges for staying of the trouble of the borders) at Dalkeith and bringing of them to Leith, and also for subscription of a bond in so far as it is contrary to the law and acts of parliament subject to our sovereign lord's mercy and will thereof, and also being put to the knowledge of a suitable assize of the right honourable persons underwritten, namely: John [Hamilton], lord Hamilton, William [Douglas], earl of Angus, William [Douglas], earl of Morton, John [Stewart], earl of Atholl, John [Erskine], earl of Mar, George [Keith], earl Marischal, Robert [Seton], lord Seton, Hugh [Somerville], lord Somerville, [Robert Keith], lord Altrie, [Andrew Keith], lord Dingwall, Alan [Cathcart], lord Cathcart, [Sir John] Wishart of Pittarrow, James Scrimgeour of Dudhope, constable of Dundee, Thomas Kirkpatrick of Closeburn and Roger Grierson of Lag, as dilated and accused of the crimes underwritten, was by their deliverance pronounced and declared by the mouth of the said William, earl of Angus, chancellor of the said assize, to be found guilty, culpable and convicted of art, part, red and council of convocation of the king's lieges, his assisters and partakers, and coming to the quarry in March or April last was for altering of the present estate.
Upon the which conviction by the foresaid persons of assize, doom was pronounced in a court of justiciary held in the tolbooth of Edinburgh, 25 June 1591 in manner following:
The court of justiciary of our supreme lord the king held in the tolbooth of Edinburgh on 25 June 1591 by the discreet man Master John Graham of Hallyards, justice depute of the noble and powerful lord earl of Argyll, justice general of the said supreme lord our king of all his realm, wherever appointed. Suits called and the court fenced.
The which day, compeared Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, and produced our sovereign lord's warrant subscribed by his highness and desired the same to be inserted and registered in the books of adjournal and doom to be pronounced upon Francis, earl of Bothwell, lord Crichton and Hailes etc., subject to his majesty's will for certain of the crimes above-written and convicted by an assize of another crime, according to the ordinance of the said warrant, whereof the tenor follows. At Edinburgh, 25 June 1591, forasmuch as our sovereign lord calling to mind and having considered how Francis, earl of Bothwell, lord Crichton and Hailes, great admiral of this realm, in a court of justiciary held within the tolbooth of Edinburgh, 23 May 1589, being dilated and accused by ditty and pursued judicially by Master David MacGill of Cranstoun-Riddel, his highness's advocate, in his majesty's name, for raising of men of war, convocating of his highness's lieges, [...] broken men, borderers, at Dalkeith, bringing of them to Leith; and also for subscription of a bond contrary to the laws and acts of parliament, subject to his highness's will for the same, and also being indicted and accused by ditty for art and part, red and council of convocation of his highness's lieges, his assisters and partakers and coming to the quarry in March or April 1588 or 1589 for altering of the present estate, and put to the knowledge of a suitable assize thereof was by their deliverance found culpable and convicted of the same, which will and doom his majesty, having deferred to have been declared or pronounced upon the said earl upon hope of better behaviour and amendment in times thereafter, nevertheless, the said Francis, earl of Bothwell, forgetful of his highness's clemency, being dilated of crimes of treason and conspiracies against his highness's own person and destruction thereof by necromancy and witchcraft, was therefore committed to ward within the castle of Edinburgh, there to have remained until he had been tried of the same by the knowledge of a suitable assize or otherwise as accorded of the law so that he might have been declared either culpable or innocent of the same, notwithstanding the said Francis, earl of Bothwell has lately broken the said ward upon his peril eschewed forth thereof, taking thereby the crimes of treason upon him whereof he was dilated, and for which he was committed within the said ward; therefore, our sovereign lord ordains his will to be declared and doom to be pronounced forth against the said Francis, earl of Bothwell, in manner and form as follows after: that is to say, that he by the committing of the crimes above-written whereof he became subject to our sovereign lord's will and was convicted by a condign assize in manner above-specified, has committed treason, and therefore that doom of forfeiture shall be pronounced against him, that he has forfeited life, lands and goods to be applied to his majesty's use, to be used and conveyed as his highness shall think expedient. Subscribed by our sovereign lord, day, year and place foresaid, and ordains the justice, justice clerk and their deputes to pronounce the doom above-written against the said Francis, earl of Bothwell this day, without delay as they will answer to his majesty thereupon. It is thus subscribed, James Rex. For obedience of the which warrant above-written the justice depute ordained the said Francis, earl of Bothwell, subject to will and conviction of the crimes foresaid in the justice court above-written, to be forfeited of life, lands and goods and doom to be pronounced thereupon, which was pronounced by the mouth of William Gray, dempster of the said court, and ordained the said letter to be inserted in the said books of adjournal.
[1592/4/18]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of our sovereign lord and his estates of parliament, compeared personally William, earl of Angus, lord Douglas and Abernethy etc., and protested that whatsoever process of forfeiture led and deduced against Francis [Stewart], sometime earl of Bothwell etc., should be no hurt nor prejudice to the said earl as heir of tailzie to the late Archibald [Douglas], earl of Angus, in the lordship and earldom of Angus and others specified in his infeftment thereof, regarding his rights and titles of whatsoever lands, possessions, honours and dignities pertaining to him of the living and earldom of Bothwell or others, the said earl's lands and possessions; and that he and his successors might be heard to propose their reasons and defence whensoever they should happen to be called upon their rights of the same; and thereupon asked acts and instruments.
[1592/4/19]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of our sovereign lord and his estates of parliament, compeared personally William, earl of Morton, lord Dalkeith etc., and protested that whatsoever process of forfeiture led and deduced against Francis [Stewart], sometime earl of Bothwell etc., should be no hurt nor prejudice to the said earl as heir of tailzie to the late Archibald [Douglas], earl of Angus, in the lordship and earldom of Morton and others specified in his infeftment thereof, regarding his rights and titles of whatsoever lands, possessions, honours and dignities pertaining to him of the living and earldom of Bothwell or others, the said earl's lands or possessions; and that he and his successors might be heard to propose their reasons and defences whensoever they should happen to be called upon their rights of the same; and thereupon asked acts and instruments.
[1592/4/20]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament, having considered the treasonable, cruel and unnatural fact lately committed by the persons following in company for the time with Francis [Stewart], sometime earl of Bothwell etc., namely: Francis, earl of Bothwell, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie, John Hamilton, younger, of Samuelston, James Douglas of Spott, Robert Home, younger, of the Heugh, Hercules Stewart of Whitelaw, Master Thomas Cranston, younger, of Murieston, James Stewart of Tynneis and Dame Margaret Douglas, spouse to the said Francis, and diverse others, their accomplices, in their treasonable coming to his majesty's palace of Holyroodhouse under silence of night upon the [...] day of December last; invading, besieging and pursuing of his majesty's most noble person by fire and sword, breaking up his chamber doors with sledge-hammers and cruelly slaying his highness's servants coming to his majesty's rescue, a treason and cruelty not heard nor seen, committed by subjects so highly obliged to their native king and prince premeditated, consulted and agreed upon to be put in execution long before, having also devised means in their judgement to preserve their lands and goods after the committing of their treason foresaid, which heinous and treasonable fact as it passes all others in cruelty and evil example so it is thought fit and expedient that a suitable law and punishment be set down for extinguishing of the memory of the treasonable persons foresaid and their posterity, to be a document to all ages to come and attempt the like. It is therefore statute and ordained by our sovereign lord and his said estates of parliament that the said Francis, sometime earl of Bothwell, Dame Margaret Douglas, sometime countess of Bothwell, James Douglas of Spott, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie, William Stewart, sometime constable of Dumbarton, John Hamilton, younger, of Samuelston, William Learmonth of the Hill, Robert Home, younger, of the Heugh, Hercules Stewart of Whitelaw, George Auchencraw of East Reston, Patrick Auchencraw there, Master Thomas Cranston, younger, of Murieston, John Cranston, his brother-german, John Ormiston in Smailholm, Robert Ormiston, his son, James Stewart of Tynneis, Patrick Crummy of Caribdin and David Orme of Mugdrum, their bairns, their heirs and whole posterity shall never possess land, benefice, honour, office nor dignity within this realm in any time coming. And also his majesty and estates foresaid discern, decree and declare that all manner of infeftments, alienations, dispositions, resignations, contracts, bonds or obligations for making of infeftments of their lands and heritages or any part thereof or annualrents out of the same, together with all presented assignations and dispositions of their tacks, steadings, rooms, possessions, goods or gear to any manner of person or persons which took not effect by actual and real possession before the committing of the foresaid crime, shall be null and of no value, force nor effect in time coming as they had never been made.
[1592/4/21]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, remembering the act of parliament made at Stirling, 23 August 1571, regarding his highness's true and faithful subjects remaining under his majesty's obedience having lands, heritage, liferents, annualrents, pensions or possessions whatsoever held of any persons called and forfeited for whatsoever crimes of treason and lese-majesty shall possess and enjoy their said lands, heritage, annualrents, liferents, pensions and portions whatsoever, notwithstanding the forfeiting of their superiors thereof, and hold the same of their next immediate superiors of the same; and now his highness, willing that the same act and benefit therein contained be made to all true vassals of such persons as are in this present parliament or that shall happen in any time hereafter to be forfeited, therefore his highness, with advice of the estates of this present parliament, statutes and ordains that all such persons being in no way culpable of the crimes for the which their said superiors shall be forfeited, having lands, heritage, annualrents, liferents, pensions and portions whatsoever held of any persons called and forfeited in this present parliament or that shall happen in any time hereafter to be forfeited for whatsoever crimes of treason and lese-majesty, shall possess and enjoy their said lands, heritage, annualrents, liferents, contracts, obligations, pensions or portions whatsoever, notwithstanding the forfeiting of their superiors thereof, and shall hold the same of their next immediate superiors, providing always that the said vassals and other persons foresaid who are to possess and enjoy the benefit of this act in time coming shall be held to come to his highness's treasurer for the time and compone with him for new infeftments and ratifications to be taken by them of their said land, heritage, annualrents, liferents, pensions and portions foresaid whatsoever, and that between now and 1 August next, otherwise the same to be null.
[1592/4/22]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of parliament, for the good and thankful service done to him by the provost, bailies and community of the burgh of Edinburgh, and esteeming the same now worthy to be remembered to the effect that they and their successors may the better continue their affection in his highness's service, his majesty and estates of this present parliament have declared, decreed and ordained and, by the tenor hereof, declare, decree and ordain for his highness and his successors that the process of fencement and doom of forfeiture led and given in this present parliament against the persons who are convicted of treason and lese-majesty against his highness for the crimes committed by them contained in the process and dooms of forfeiture respectively led against them, shall no way be hurtful to any of the burgesses or inhabitants of the said burgh of Edinburgh in any lands or annualrents alienated to them by any of the persons now forfeited, or their predecessors under reversion, but that they, their heirs and successors shall possess the lands or annualrents until the redemption thereof, and that our sovereign lord and his successors and others who shall happen to obtain infeftment of the said lands by the said forfeiture are and shall be astricted and obliged to infeft the said persons, having the said wadsets of new after the form and tenor of their former infeftments and contracts; and that they shall stand in their said rights of the wadsets foresaid, similarly and in the same manner as if the alienators had never been forfeited, providing always that this act be not prejudicial to the act made in favour of George [Keith], earl Marischal etc., bearing that whosoever shall obtain the escheat of forfeiture of Master John Colville, sometime of Strathurdie, his lands, rooms and possessions, shall be obliged to make the said earl and Master James Wardlaw, his cessioner and assignee, payment of the sum of 3,156 merks money for the cause therein specified, as the same at more length purports; providing also that the said inhabitants of Edinburgh holding of any of the said persons forfeited or having them bound by contract or obligation to make infeft or pay annualrent, compone with his highness's treasurer for their new infeftments, presentations or confirmations between now and 1 August next, otherwise the benefit granted to them by the said act of parliament to be ineffectual to them thereafter.
[1592/4/23]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, understanding that Master John Moncrieff, advocate, by contract and appointment passed between him and David Orme of Mugdrum should have bought the said David's lands of Clayis, and in warrandice thereof all and whole the lands of Mugdrum with tower, fortalice, houses, buildings, orchards, fishings and pertinents thereof, for certain sums of money, of the which the said Master John has received the sum of 2,000 merks; therefore his highness, not willing that the said Master John in any way be hurt or prejudiced, notwithstanding of any crime of treason or lese-majesty committed by the said David Orme, statutes, wills and ordains that infeftment be made and granted to the said Master John Moncrieff, Jean Spence, his spouse, and to the longest liver of the two, in conjunct fee, and to the heirs lawfully procreated or to be procreated between them, which failing to the said Master John's heirs and assignees whatsoever, of all and whole an annualrent of bolls victual, half meal, half barley, to be taken out of the said lands of Clayis etc., and in warrandice thereof out of the said David's lands of Mugdrum and others above-specified in satisfaction of the sums disbursed by him, and that the same stand effectual to the said Master John, his said spouse and their foresaids at all time hereafter; and also that his highness's presentation be directed to Sir James Scott of Balwearie, superior of the said lands of Mugdrum, for infeftment to be given to them thereupon in case of eviction of the said lands of Clayis etc., so that they may be thankfully answered and obeyed of the said yearly annualrent of 60 bolls victual foresaid, and that they be preferred to whatsoever person or persons pretending right or interest thereto; and the foresaid infeftments, both of principal and warrandice, to be valid and sufficient security to the said Master John, his said spouse and their foresaids for peaceable possessing and enjoying of the foresaid annualrent, notwithstanding of whatsoever act or constitution made in this present parliament, redeemable always to his highness and his successors and others having his power upon the sum of 2,000 merks.
[1592/4/24]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, having seen and considered the supplication given in and presented by Rachel MacGill, widow of the late George Stewart of Rosyth, and now spouse to Archibald Wauchope, sometime apparent heir of Niddrie-Marischal, making mention that where the said Archibald for his treasonable being in company with Francis [Stewart], sometime earl of Bothwell, in the treasonable besieging of his majesty's palace of Holyroodhouse, for taking of his highness's most noble person upon 27 December last, is now forfeited in this present parliament, whereby the small portion appointed to the said Rachel for her conjunct fee and terce of the living of Rosyth, acquired by the late Master James MacGill of Nether Rankeilour, clerk register, her father, for great sums of money disbursed by him in name of tocher with her, to the said late George Stewart, is apparently to come in danger so long as the said Archibald naturally lives; and that the bond of marriage shall stand between them undissolved, albeit it be well known to all the country in what miserable estate she was in during the time of the said Archibald's remaining in this country by reason of his own living and hers being all consumed in his vain uses and ungodly fantasies, the said Rachel was left indigent of her sustentation with her bairns and she had many occasions for which she might have pursued dissolution of the said marriage, which now at last she is forced to pursue, and thereby the benefit of the law will not only give to her her own living, but as much of his as was appointed by contract with her to have been infeft in for her conjunct fee; therefore, and in respect of her innocency as in no way guilty nor suspect of her said husband's wicked and treasonable misdeeds, deserving most humbly his majesty and estates foresaid that she be not hurt of that small portion of life provided to her out of the house of Rosyth, but that she may freely possess the same according to her rights and infeftments thereof, which supplication and desire thereof being seen and considered as said is, our said sovereign lord and his said estates in this present parliament, for his highness and his successors, have confirmed, ratified and approved all and whatsoever infeftments, charters, precepts and instruments of sasine with whatsoever other evidents made in favour of the said Rachel MacGill, of all and sundry her conjunct fee and terce lands of the house and living of Rosyth and all their pertinents mentioned in her infeftments of the same, to be peaceably possessed, enjoyed and occupied by her during all the days of her lifetime, notwithstanding the forfeiture led against the said and her spouse; and decree and ordain the same to stand in the full force, strength and effect to the said Rachel for her lifetime as said is, in all points, heads, articles and clauses thereof according to the tenor of the same.
[1592/4/25]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, considering that George, earl Marischal, upon the sudden being commanded by his highness to victual and equip the ships which conveyed his majesty's ambassadors direct to Denmark for contracting and completing of his highness's marriage, it necessitated him to take 2,605 merks upon the readiest of his lands and heritage, for the which he has paid profit continually since the equipping of the said ships, which was in the month of June 1589, extending to three years past at this last feast and term of Whitsunday [14 May 1592], the said yearly profit by the principal extending to 756 merks, and the stock and profit extending to 3,106† merks; and because Master John Colville, sometime of Strathurdie, now forfeited in this parliament for crimes of treason and lese-majesty committed by him, became full debtor to Master James Wardlaw, cessioner and assignee constituted by the said Earl Marischal to the debt above-written in the said earl's name, for payment of the said principal sum as for a part of the readiest of the taxation then ordained to be uplifted for advancing of the honour of the said marriage and constituting himself proper debtor to the said Master James for that reason, whether he had obtained allowance of the same in his accounts or not, but the same being at his own desire thankfully allowed to him in his said accounts he was for non-payment of the said sum denounced rebel and put to the horn. Thereafter letters of caption were directed against him and other letters thereafter directed for rendering of his house under the pain of treason, which letters and charges he all contemptibly disobeyed, and now being forfeited for treason, his lands and goods are become in our said sovereign lord's hands as escheat, and seeing the sums disbursed by the said George, earl Marischal, and profit paid for the said principal sum were all disbursed in the honourable advancing of his majesty's affairs and in effect is his highness's own proper debt, which his majesty has means to pay by the said forfeiture, and otherwise is never able to be paid, to the said earl's great damage and hurt if remedy be not provided, therefore his highness and estates foresaid find, decree and declare that whosoever shall obtain the escheat of forfeiture of the said Master John's lands, rooms and possessions, shall be obliged to make the said earl and his assignee payment of the said sums, stock and profit extending to the said sum of 3,156† merks, and ordain them to have execution on that account against the donators of the said escheat of forfeiture one or more jointly and severally, providing that if there be more donators than one, every one shall relieve others of the said sums proportionally according to the profit that they receive. And the said earl or his assignee foresaid being completely paid and satisfied of the sums above-written, our sovereign lord and estates foresaid decree and ordain Roger Ashton, gentleman in his highness's chamber, to be next answered by the donators of the said forfeiture of whatsoever sums of money due to him by the said Master John Colville, and to be preferred to all others of the said Master John's creditors.
[1592/4/26]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates of this present parliament, following the lovable and good example of their predecessors, have ratified and approved and, by the tenor of this present act, ratify and approve all liberties, privileges, immunities and freedoms whatsoever given and granted by his highness, his regents in his name, or any of his predecessors, to the true and holy kirk presently established within this realm, and declared in the first act of his highness's parliament on 20 October 1579, and all and whatsoever acts of parliament and statutes made of before by his highness and his regents regarding the liberty and freedom of the said kirk, and specially the first act of parliament held at Edinburgh, 24 October 1581, with the whole particular acts therein mentioned, which shall be as sufficient as if the same were herein expressed, and all other acts of parliament made since in favour of the true kirk; and also ratify and approve the general assemblies appointed by the said kirk and declare that it shall be lawful to the kirk and ministry every year at the least and after for matters arising, as occasion and necessity shall require, to hold and keep general assemblies, providing that the king's majesty or his commissioner with them to be appointed by his highness be present at each general assembly before the dissolving thereof and nominate and appoint time and place when and where the next general assembly shall be held; and in case neither his majesty nor his said commissioner be present for the time in that town where the said general assembly be held, then and in that case it shall be permissible to the said general assembly by themselves to nominate and appoint time and place where the next general assembly of the kirk shall be kept and held as they have been in use to do these times past; and also ratify and approve the synodal and provincial assemblies to be held by the said kirk and ministry twice each year as they have been and are presently in use to do within every province of this realm; and ratify and approve the presbyteries and particular sessions appointed by the said kirk, with the whole jurisdiction and discipline of the same kirk agreed upon by his majesty in conference had by his highness with certain of the ministry convened to that effect, of the which articles the tenor follows:
Matters to be entreated in provincial assemblies
These assemblies are constituted for weighty matters necessary to be entreated by mutual content and assistance of brethren within the province as need requires. This assembly has power to handle, order and redress all things omitted or done amiss in the particular assemblies. It has power to depose the office bearers of that province for good and just cause deserving deprivation. And generally these assemblies have the whole power of the particular elderships whereof they are collected.
Matters to be entreated in the presbyteries
The power of the presbyteries is to give diligent labours in the bounds committed to their charge, that the kirks be kept in good order, to enquire diligently of naughty and ungodly persons, and to work to bring them in the way again by admonition or threatening of God's judgments or by correction. It appertains to the eldership to take heed that the word of God be purely preached within their bounds, the sacraments rightly administered, the discipline maintained and the ecclesiastical goods incorruptly distributed. It belongs to these kind of assemblies to cause the ordinances made by the assemblies, provincials, nationals and generals to be kept and put in execution, to make constitutions which concern what is fitting in the kirk for decent order in the particular kirk where they govern, providing that they alter no rules made by the provincial or general assemblies, and that they make the provincial assemblies foresaid privy of the rules that they shall make, and to abolish constitutions tending to the hurt of the same. It has power to excommunicate the obstinate, formal process being led and due interval of times observed regarding particular kirks, if they be lawfully ruled by sufficient ministers and session. They have power and jurisdiction in their own congregation in matters ecclesiastical and decree and declare the said assemblies, presbyteries and sessions, jurisdiction and discipline thereof foresaid to be in all time coming most just, good and godly in the self, notwithstanding of whatsoever statutes, acts, canon, civil or municipal laws made in the contrary, to the which and every one of them this act shall make express derogation. And because there are diverse acts of parliament made in favour of the papistical kirk tending to the prejudice of the liberty of the true kirk of God presently professed within this realm, jurisdiction and discipline thereof, which stand yet in the books of the acts of parliament, not abrogated nor annulled, therefore his highness and estates foresaid have abrogated, made void and annulled and, by the tenor hereof, abrogate, makes void and annul all acts of parliament made by any of his highness's predecessors for maintenance of superstition and idolatry with all and whatsoever acts, laws and statutes made at any time before the day and date hereof against the liberty of the true kirk, jurisdiction and discipline thereof, as the same is used and exercised within this realm, and in special that part of the 7th act of parliament held at Edinburgh, 20 March 1437 [1438],† commanding obedience to be given to Eugene [IV], the pope for the time; the 111th act made by King James III in his parliament held at Edinburgh, 24 February 1483 [1484], and all other acts whereby the pope's authority is established; the 47th act of King James III in his parliament held at Edinburgh, 12 October 1467,† regarding the Saturday and other vigils to be holy days from evensong to evensong. Item, that part of the 31st act made by [Mary of Guise], queen regent, in the parliament held at Edinburgh, 1 February 1551 [1552], giving special licence for holding of Easter and Yule. Item, the king's majesty and estates foresaid declare that the 2nd act of the parliament held at Edinburgh, 22 May 1584, shall in no way be prejudicial nor derogate any thing to the privilege that God has given to the spiritual office bearers in the kirk concerning heads of religion, matters of heresy, excommunication, collation or deprivation of ministers or any such essential censures special grounded and having warrant of the word of God. Item, our said sovereign lord and estates of parliament foresaid abrogate, makes void and annul the 20th act of the same parliament held at Edinburgh, the said year 1584, granting commission to bishops and other judges constituted in ecclesiastical causes to receive his highness's presentation to benefices, to give collation thereupon, and to put order in all causes ecclesiastical, which his majesty and estates foresaid declare to be expired in the self, and to be null in time coming, and of no value, force nor effect and, therefore, ordain all presentations to benefices to be directed to the particular presbyteries in all time coming, with full power to them to give collations thereupon and to put order to all matters and causes ecclesiastical within their bounds according to the discipline of the kirk, providing the foresaid presbyteries be bound and astricted to receive and admit whatsoever qualified minister presented by his majesty or other lay patrons.
[1592/4/27]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, considering the great abuses which are lately creeping in the kirk through the misbehaviour of such persons as are provided to ecclesiastical functions, such as parsonages and vicarages within any parish, and thereafter neglecting their charge, either leave their cure or else commit such crimes, faults or enormities that they are found worthy of the sentence of deprivation either before their own presbytery or else before the synodal and general assemblies, which sentence is the less regarded by them because albeit they be deprived of their function and cure within the kirk, yet they think they may possess lawfully the profits and rents of their said benefices enduring their lifetimes, notwithstanding the said sentence of deprivation; therefore our sovereign lord, with advice of the estates of his present parliament, declares that all and whatsoever sentences of deprivation either pronounced already or that happens to be pronounced hereafter by any presbytery, synodal or general assembly against any parson or vicar within their jurisdiction provided since his highness's coronation (all persons provided to parsonages and vicarages who have vote in parliament, secret council and session, or provided thereto of old before the king's coronation, and Master George Young, archdean of St Andrews, being specially excepted) is and shall be reputed in all judgments a just cause to seclude the person provided before and then deprived from all profits, commodities, rents and duties of the said parsonage and vicarage or benefice of cure, and that either by way of action, exception or reply; and that the said sentence of deprivation shall be a sufficient cause to make the said benefice to fall vacant thereby; and the said sentence being extracted and presented to the patron the said patron shall be bound to present a qualified person of new to the kirk within the space of six months thereafter, and if he fail to do the same the said patron shall lose the right of presentation for that time only, and the right of presentation to be devolved in the hands of the presbytery within the which the benefice lies, to the effect that they may convey the same and give collation thereof to such a qualified person as they shall think expedient, providing always in case the presbytery refuse to admit a qualified minister presented to them by the patron, it shall be lawful to the patron to retain the whole fruits of the same benefice in his own hands. And further, his highness and estates foresaid declare that the deprivation already pronounced or to be pronounced by any presbytery, synodal or general assemblies against any of the parsons or vicars foresaid shall in no way hurt or be prejudicial to any tacks lawfully set by that person deprived before his deprivation to whatsoever persons.
[1592/4/28]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of this present parliament, statutes and ordains that the acts of parliament made of before regarding manses and glebes to be given to ministers of God's holy evangel within this realm shall be understood and extended to all abbeys and cathedral kirks within this realm where neither manse nor glebe pertaining to parson or vicar was of before, so that the ministers presently admitted or which hereafter shall happen to be admitted to the office or cure of the ministry within the said kirk shall have a sufficient manse and dwelling place within the precinct of the abbey where he serves, together with four acres of land of the best and most commodious lying contiguous and closest to the said manse, which pertains, or in any time of before pertained, to the said abbey or any member thereof, whether the same land lie within the said precinct or outwith the same, if there be so much as may extend to the quantity of four acres to be designed, inhabited, occupied, laboured, manured, according to the tenor of the acts of parliament made of before regarding manses and glebes to be given to the ministers of God's word within this realm, with special provision that it shall be in the option of the abbots, priors and other prelates and parsons whatsoever, feuars of the said cathedral and abbey places, either to grant a manse to the minister within the precinct of their place or else a sufficient manse lying as near and commodious to the parish kirk.
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†Forasmuch as, albeit by diverse acts and constitutions made of before, it was statute and ordained that adultery, notorious and manifest, should be punished by death, which nevertheless has not yet been put to due execution, by occasion whereof the crime of adultery daily increases and for the same a great number of married persons have been divorced for adultery committed by one of the parties, and the committer of the offence privately contracts pretended marriages of new with the said person with whom by the said sentence of divorce they are tried to have committed the fault, which is no way to be allowed by the law of God and the public honesty of the realm; and the issue and succession proceeding of the said unlawful marriages breeds many questions in the law and often tends to the great hurt, prejudice and disinheriting of the succession begotten in their former lawful marriage, which of the law of God and man ought to succeed to their inheritance, specially by women heritors who are lawfully divorced from their husbands for their own fault and offence, who after the unlawful marriage with the adulterers, have defrauded and may defraud, hurt, prejudice and disinherit their lawful succession begotten in the said lawful marriage by conveying of their heritage, tacks, steadings, rooms and possessions either to their said unlawful husband or to some other intervening person to his utility and profit, or to the succession proceeding by the said damned marriage after the divorce, which pretended marriage is rather to be accounted a continuation of their former adultery than a lawful and Christian conjunction, such as it is provided by the common laws and in all times bygone has been received in practice within this realm, that the woman being divorced from her husband through and by her own offence shall lose her tocher and all other things given to her in respect and for the cause of the said marriage, so it is provided by the common law that the woman, having committed the said offence, and being divorced on that account and marrying the person with whom she committed the offence for which the said divorce followed, shall not be able to enrich her said unlawful husband, nor the succession following upon the said unlawful marriage, which our said sovereign lord and estates of parliament, upon great and weighty considerations tending to the punishment of the said crime of adultery, have ordained to be observed and kept in all time coming within this realm; and, therefore, it is statute and ordained by our sovereign lord and estates of parliament foresaid that whensoever any woman is, or has been, divorced from her lawful spouse for her own fault and offence of adultery, and completes unlawful and pretended marriage with the same person with whom she committed the said offence, or plainly and openly dwells and resorts in company with him at bed and board, if she have any lands, heritage, tacks, rooms or possessions it shall not be lawful to her to convey, alienate and put away the same in all or in part, either to her said pretended husband and adulterer or to the succession proceeding of that pretended marriage or carnal dealing, nor to whatsoever other person or persons in prejudice and hurt of the heirs and succession procreated upon the said first lawful marriage, or failing of them of her other lawful heirs whatsoever, nor to do any deed directly nor indirectly that may hurt and prejudice them therein; and declare and ordain that the heirs and successors of her procreated in the said first lawful marriage and failing of them her other lawful heirs whatsoever, are and shall be able to succeed to her after her decease in the said lands, heritage, tacks, rooms and possessions, notwithstanding any alienation or disposition made in any time bygone or to be made hereafter in the contrary, which pretended alienations and dispositions made or to be made in manner foresaid, our said sovereign lord and his estates of parliament, decree and declare to have been and to be null from the beginning, and ordain the said nullity to be received and admitted by way of exception or reply without any process or summons of reduction as well before the lords of council and session as before the inferior judges in service of brieves and all other actions and cause wherever the same may occur, and ordain this present constitution to have full effect regarding all dispositions and alienations foresaid, if any be made since the parliament held by our sovereign lord after his perfect age of 21 years complete in the month of July 1587.
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†Item, forasmuch as cruelty and bloodshed is come to such a height within this land that the house of the Lord and his sanctuary is not free but filthily polluted and defiled therewith in such sort that commonly all revenges of quarrels and deadly feuds are now executed in kirks and kirkyards at the time appointed to the service of God and teaching of his holy word therein, whereby diverse persons, for fear of their lives, dare not resort to the preaching of the Gospel. For remedy whereof, the king's majesty and estates of this present parliament statute, ordain and declare that whatsoever person or persons commit slaughter within any kirk or kirkyard the time of prayers, preaching or administration of the sacraments, that person or persons, committer of the said slaughter, being either denounced rebels or declared fugitive for the same, the king's majesty shall have full power, not only to convey upon their simple escheat of moveables, but also upon the liferent of all and whatsoever their lands, heritages, livings, tacks, steadings, rooms or possessions etc.; and also declare that whatsoever person or persons shall happen to reset any of the said persons who be denounced rebels or fugitive for the said slaughters committed within the said kirks or kirkyards, declarator being first passed upon their said reset, the resetters of them shall incur the same pain and deprivation of their liferents.
[1592/4/31]*[print] [email] [cite] [preceding] [following]
†The king's majesty and estates of this present parliament, for eschewing of the great inconveniences likely to arise through erection of temporalities and teinds of kirklands in temporal lordships and livings to the prejudice of the kirk and hurt of his majesty's estate and privilege of his crown, ordain and declare that no erections of the foresaid lands and teinds made since the act of annexation shall be ratified or given in this parliament, nor in any time hereafter, and in case any erections happen to be obtained in any time coming, the king's majesty and estates foresaid declare the same to be null and of no effect in the self, excepting always, likewise our said sovereign lord and estates above-written expressly except and reserve, all erections, charters and infeftments granted by his highness of such parts and portions of the kirklands already erected in temporal lordships and baronies to such person or persons as have already since the said late act of annexation received the honours, orders and estates of lords of parliament by the solemn form of belting and other ceremonies observed in such cases and have since entered and sat in parliament as temporal lords, voted in parliament and articles received and admitted to that effect.
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†The king's majesty and estates of this present parliament ratify and approve all and whatsoever acts of parliament, secret council and proclamations made of before against Jesuits, seminary priests and trafficking papists and resetters of any of them; and decree and declare that in all time coming the saying of mass, resetting of Jesuits, seminary priests and trafficking papists against the king's majesty and the religion presently professed within this realm is and shall be a just cause to infer the pain and crime of treason both against the Jesuits, mass priests, trafficking papists and resetters of them, providing how soon the Jesuits and seminary priests satisfy the prince and the kirk, the foresaid penalty in no way to strike against the said resetters.
[1592/4/33]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and whole estates of this present parliament ratify, approve and confirm the act made by his highness, with advice of the lords of secret council, session and exchequer upon 14 February 1587 [1588], in favour of the ministry, their stipends and rents, and decree and declare the same to have the strength, force and effect of a law and act of parliament in all time coming, and all judges within this realm to proceed, decide and administer justice in all actions and cause concerning the said ministers, their assignations, stipends and rents, according to the form, tenor and contents of the said act, in all points, whereof the tenor follows: At Edinburgh, 14 February 1587 [1588], forasmuch as in the month of December 1561, soon after the arriving of [Mary], our sovereign lord's dearest mother, out of the parts of France within this realm, consultation being taken by her majesty with the advice of the lords of her secret council and others of the nobility then present, regarding the provision of the ministry to reasonable and competent livings and support of the public affairs of the realm, and to that effect conference being had with the prelates and others of the ecclesiastical estate, whose offers being heard and considered, it was concluded, determined and ordained that if the fourth part of the fruits of the whole ecclesiastical benefices within this realm might be sufficient to sustain the ministers throughout the whole parts thereof, and support of the prince to maintain and set forward the common affairs of the country, and failing thereof, the third part of the said fruits and more until it were sufficient to the effect foresaid, should be yearly taken up in time coming to be employed to the two uses above-specified only; and thereafter, in the parliament held the first year of our sovereign lord's reign, it was statute and ordained that the whole thirds of the benefices within this realm should then instantly in all time coming thereafter first be paid to the ministers of the evangel and their successors, and they first being answered of their stipends pertaining to every one of them, the rest and surplus should be employed to our sovereign lord's use, through which the same became as an inviolable law and, by virtue thereof, his highness and his late dearest mother were in peaceable possession of the said thirds of kirks' and friars' lands, so that thereby the ministers of God's word were reasonably provided, and a good part of the public affairs honestly sustained. And albeit the plain words of the said acts manifestly declare the use, effect and intention thereof to have tended to no other fine but that the ministry should be reasonably sustained and the charge of the public affairs sufficiently maintained, yet nevertheless, through inopportune suits of some persons more respecting their own particular profit than either the sustentation of the ministers or his highness's honourable estate and the common welfare of the realm, his highness and his late dearest mother have been moved to make disposition of the said surplus in pension or to discharge, and give the same free to certain possessors of benefices or to make tacks and assedations of the same thirds, common kirks, friars' lands and rents thereof, through which there remains little or nothing to be conveyed on, either to be modified, assigned and appointed for livings and stipends for such qualified persons as God may raise up hereafter fit to enter in the function of the ministry or to supply the public affairs of the estate of his highness's realm. For avoiding of which inconveniences, albeit diverse revocations of the said gifts, tacks and dispositions have been made before, and namely by his highness's late dearest mother after her perfect age in the month of September 1566, and thereafter by his highness, with advice of the regent for the time, in the month of August 1573, as also in the parliament held at Edinburgh in 1581 and 1584, and last of all in the parliament held after his highness's perfect age of 21 years complete in the month of July last, by the which revocations respectively foresaid it is found, also by his highness's dearest mother after her perfect age, as likewise by his highness's self and three estates convened in parliament, that the said thirds of benefices and surplus thereof, common kirks, friars' lands and rents being assumed and taken in his highness's hands for sustentation of the ministry and support of the public affairs might not be conveyed nor given otherwise, but applied to the same use and effect that they were ordained to at the beginning and that, specially in respect that there can be no surplus of the said thirds to the time that the said ministers had been sufficiently placed and provided of their stipends, which being variable from year to year, the condition also of the said surplus used to be uncertain and consequently could not be conveyed but from year to year, and that after the said ministers' assignation and sufficient provision of his majesty's house which was specially meant and understood under the name of the said public affairs; and therefore all such gifts, pensions, tacks and dispositions of the said thirds, common kirks, friars' lands and rents thereof granted by his highness's dearest mother or by his majesty's self or other wages by his regents, as well confirmed in parliament as unconfirmed, by express words of the said revocations confirmed in parliament, are decreed and declared to be of no value, force nor effect, without any declarator or process of reduction as the same in themselves at more length purport, yet nevertheless the said revocation be the same as before has been annulled and frustrated, and the said gifts and dispositions partly ratified in his highness's last parliament, partly renewed after his highness's perfect age to the same persons and others of the like quality, through which the first intention of the said acts is likely to be frustrated in all time coming. Likewise also first by act of secret council and next by act of parliament, it is statute and ordained that all benefices of cure under prelacies shall be presented by his highness and the lay patrons in favour of able and qualified ministers, apt and able to enter in that function and to discharge the duty thereof, which in like manner has taken no effect, but against the express statute and meaning thereof, the said benefices have been conveyed to bairns and other persons altogether unable for the said office and function, sometimes by disposition and otherwise by fraudulent resignation of the usufructuaries, with provision nevertheless that the same should remain with the usufructuaries during their lifetimes expressly against all good laws received in any age of before so that the only two means of the advancing of the glory of God, which consisted in the said thirds, common kirks and dispositions of the same small benefices is, by the malice of inconsiderate persons, utterly subverted, whereby great confusion has entered and diverse inconveniences likely to follow if timeous and substantial remedy be not provided. For remedy whereof and reformation of the said abuses of the thirds, common kirks, friars' lands and rents, and reducing of the same to their first institution, our sovereign lord, with advice of the lords of his highness's secret council, session and exchequer all in one voice, finds and declares that the said thirds of benefices, common kirks, friars' lands and rents, being only destined to the two uses above-specified according to the said acts of council, parliament and revocations foresaid following thereupon, might be conveyed, given or employed in no other way but to the said use and effect for which they were appointed to at the beginning; and also that no pensions, tack or liferent of the said surplus or any common kirks might or may be conveyed in time coming for any longer space than the space of a year, and that after the making of the yearly assignations of the ministers' stipends and sufficient provision for sustaining of his majesty's house yearly; and therefore decrees and declares all and whatsoever pensions, liferents and tacks purchased or to be purchased (whereby the said thirds, surplus thereof or the first and best rentals of the common kirks, friars' lands and rents above-written have been diminished or altered since the last assumption of the said thirds) granted either by our sovereign lord's dearest mother or by his highness's self to whatsoever person or persons upon wrong report and inopportune suit without any examination preceding of the sustentation of the ministry within this realm and sufficient provision for sustaining of his majesty's house, to have been from the beginning and to be in all time coming of no value, force nor effect, notwithstanding whatsoever confirmation or ratifications following thereupon; and therefore ordains [Master Robert Douglas, provost of Lincluden], collector general, by himself, his chamberlains and under-receivers in his name, to ask, crave, receive, intromit with and take up all and whole the thirds of benefices within this realm unassigned to the ministry, together with the whole common kirks, friars' lands and rents thereof (where the first and best rentals are altered or diminished since the first assumption of the said thirds) of this instant crop and year of God 1587, and also yearly in time coming, according to the rentals made account of in the year of God 1584 and last assumption thereof; and if the said thirds be diminished or hurt in any way by the said last rentals and assumption thereof since the first assumption of the said thirds made account of in the year of God 1561, ordains the said collector to have recourse to the first assumption for so much as the same are diminished by the last assumption, and to charge for the same without respect of any pension, tack, liferent or discharge of the said thirds, surplus or any part thereof, or of the said common kirks, friars' lands or rents of the same altered or diminished in the rentals since the first assumption of the thirds as said is; and also ordains that the lords of council and session shall in no way grant any suspension or relaxation from the horn to any person or persons charged or denounced for payment of the said thirds, common kirks and others foresaid altered or diminished from the first and best rentals as said is until the sums and victuals charged for be first paid to the general collector, notwithstanding whatsoever pension, tack, liferent or discharge purchased or to be purchased of the said thirds, kirks, common lands and friar lands and other rents pertaining thereto (where the first and best rentals are altered or diminished as said is) of this instant crop and year of God 1587, and also yearly and termly in time coming, but that they held repute and esteem of the same as null in the self, and the said nullity to be received as well by way of exception as action, without prejudice nevertheless of whatsoever infeftment heritably granted by our sovereign lord whereby the condition of the said thirds are altered or diminished. And albeit the tack made to the bairns lawful and natural of Robert [Stewart], earl of Orkney, of the thirds of the abbey of Holyroodhouse falls and is declared null, nevertheless his highness, with advice foresaid, wills and ordains Adam [Bothwell], bishop of Orkney, now having the possession of the same thirds by title of the said bairns, still to possess and hold the same thirds (in addition to the yearly sum paid out of the same to the ministers of the kirks of Holyroodhouse these years bygone) in consideration that he has transferred the right of the warrandice competent to him in the person of our sovereign lord, for which his highness commands the said collector to charge and make account and payment this present year and crop 1587 and in time coming. Moreover, his highness, with advice foresaid, decrees and ordains all gifts and dispositions of benefices of cure under prelacies given or presented since his highness's coronation to such persons as are not in the present function of the ministry, nor able to discharge the duty thereof according to the act of parliament made relating thereto, whether the said benefices fall vacant by decease or demission, to be likewise null from the beginning, and to be in all time coming of no value, force nor effect, and the said nullity to be received by whatsoever judge as well by way of exception as action, notwithstanding any dispensation or act of parliament to be made in the contrary, excepting always the benefices conveyed to the senators of the college of justice, and which are lay patronages, the same being always presented to qualified persons, according to the act of parliament made relating thereto, and the archdeanery of St Andrews provided to Master George Young, his highness's secretary depute. And for the better direction of the execution of this present act, his highness gives and grants full power and commission to [John Maitland, lord Thirlestane], his chancellor, treasurer,† [David Seaton of Parbroath], comptroller, [Master Robert Douglas of Lincluden], collector, [Sir John Cockburn of Ormiston], justice clerk, [Alexander Hay of Easter Kennet], clerk register, Alexander [Seaton], late prior of Pluscarden, Master John Lindsay, parson of Menmuir, Master John Graham, parson of Killearn, Master James Elphinstone of Invernochty, Master David Chamber, chancellor of Ross, Master David Carnegie of Colluthie [and Kinnaird] and Peter Hay of Megginch, or any five of them jointly, to make and conclude the assignations of the ministers' stipends and to divide exactly that which shall belong to them and their assignations in time coming etc. firm and stable etc.; and that letters be directed for publication hereof at the market crosses of this realm and other places needful and this present act and declaration grounded upon the said acts of parliament. His majesty, with advice foresaid, promises in the first word to ratify in his next parliament and that the same shall have the full effect and force of law in the meantime, providing that the lords of council and session have the immunity as justly they may claim or as shall be found reasonable by his highness and auditors of his majesty's exchequer at the hearing and consideration of every particular cause, and specially the same immunity that they had in the time of the queen, his highness's mother of good memory.
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†Our sovereign lord and estates of this present parliament have fully understood how that Adam, bishop of Orkney, commendator of Holyroodhouse and one of the lords of his highness's council and session, was in our sovereign lord's tender age constrained to change the fruits of the said bishopric of Orkney, the rents whereof were then whole and free with the benefice of Holyroodhouse, whereof there rested nothing unconsumed but the third which was conveyed by [Mary], our sovereign lord's dearest mother, in her perfect age to the bairns of Robert [Stewart], earl of Orkney, her brother, which pension the said earl taking the burden in and upon him for the said bairns transferred in the said Adam, bishop of Orkney, obliging him in most strait form for warrandice of the said pension. Nevertheless in the month of [...] 1573, by a new order established for satisfying of the ministers' stipends, it was appointed that out of the said thirds of Holyroodhouse there should be given yearly for sustentation of the ministry serving the cure at the kirks of the said abbey the [sum]† of £860, upon the condition of the payment whereof the said former gift of pension was ratified and approved; likewise the said Robert, earl of Orkney, became of new obliged for warrandice to the said bishop of the said sum of £860, in respect of the which the said Adam, bishop of Orkney, has made thankful payment to the ministers serving the cure of the said kirks continuously of the said sum since, which being deeply weighed and considered by his majesty, the lords of secret council, session and exchequer at the constitution made by them upon 14 February 1587 [1588], regarding the general provision of the whole ministers of this realm and all the premises being then tried to be of verity for the part of the said Adam, bishop of Orkney, and it being then well considered that if the thirds of the said abbey of Holyroodhouse should be uplifted with extremity there should not rest so much as should bear the charges of the said Adam, bishop of Orkney, his estate in our sovereign lord's service, wherein he has been occupied by the space of 32 years past; and therefore by the said general act and constitution, it was decreed and ordained that the third of the said benefice of Holyroodhouse should remain in the said estate wherein it was of before, and that the same should be uplifted by the said Adam, bishop of Orkney, he paying to the said ministers the said sum of £860. And for the same cause, our said sovereign lord and [Master Robert Douglas, provost of Lincluden], his collector general, received an assignation from the said bishop of Orkney of the said warrandice, in the which the said Robert, earl of Orkney was obliged to him, which warrandice our said sovereign lord and his collector have conveyed to James Stewart, son natural to the said earl, for yearly payment of £500; but nevertheless the lords appointed for modifying of the ministers' stipends, not well remembering the said general ordinance, have assigned a great quantity of silver and victual to the ministers out of the said third above the said sum of £860, which has bred no small trouble to the said Adam, bishop of Orkney, being no further obliged than is above-expressed; therefore, our said sovereign lord and estates in parliament, after due trial and examination taken in the said matter, have ratified and approved and by the tenor of this present act ratify and approve the clause and condition inserted in the said act and constitution made the said 14 February 1587 [1588] foresaid, concerning the third of the said abbey of Holyroodhouse in all the circumstances thereof, and of new decree and ordain the same to be kept and observed to the said Adam, bishop of Orkney, commendator foresaid, and that the said third of Holyroodhouse shall be possessed, after the form and tenor of the said ordinance, revoking and rescinding whatsoever assignations made to the ministers against the tenor of the clause and provision foresaid, with all sentences and decreets whatsoever following thereupon, notwithstanding any act made in this present parliament or at any time before the date hereof.
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†Our sovereign lord and estates of this present parliament decree and declare that it shall be permissible to all towns and parishioners to landward where markets of before were kept and held upon the Sabbath day (being now prohibited by the law of God and laws of this realm so to continue) to elect and choose any other day in the week for holding of the said markets within the said towns and at landward kirks where they were accustomed to have markets of before (not being the market day of the next burgh), and there to buy and sell provisions and such other commodities as were used upon the Sabbath day without stop or impediment, always without prejudice of the right and liberties of his highness's free burghs; and that letters be directed hereupon if need be in forms as appropriate.
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†Our sovereign lord and estates, remembering the late civil troubles within this realm, and that for pacifying thereof there has been sundry good constitutions and acts of parliament made and set down, such as the act of pacification concluded at Perth in the month of February 1572 [1573], thereafter ratified in the parliament held at Holyroodhouse in the month of April 1573, the act of abolition in the parliament held at Linlithgow in the month of December 1585, and the act made in the parliament held at Edinburgh in the month of July 1587, ratifying the foresaid acts of pacification and abolition, which whole acts and constitutions were only made and granted in favour of such persons who profess the true religion as the same is presently professed within this realm and that have acknowledged our said sovereign lord and highness's authority; and to the effect that the benefit and commodity of the said acts be not extended in favour of any person or persons who profess not the true religion as the same is presently professed within this realm, and has not acknowledged our said sovereign lord and his highness's authority, therefore our said sovereign lord, with advice and consent of his said estates and whole body of this present parliament, finds, decrees and declares that the foresaid act of pacification made and concluded at Perth and ratified thereafter in parliament as said is, the act of abolition made at Linlithgow in the month of December 1585, and the act made in the parliament held at Edinburgh in the month of July 1587, ratifying the said acts with the whole supplements made thereto, are only extended and made in favour of such persons who profess the true religion as the same is presently professed within this realm and have acknowledged his highness's authority; and that no person nor persons who were forfeited, convicted of barratry or who lost their benefices or pensions ipso facto may be heard to seek the benefit of the said acts or any of them or to use any restitution or ratification thereof, before that they profess the true religion as the same is presently professed within this realm and acknowledge our said sovereign lord and his authority; and this act to be extended not only against all persons who have been forfeited, convicted of barratry and lost their benefices ipso facto at any times before the date hereof, but also to all persons that shall happen at any time hereafter to be forfeited, convicted of barratry or lawfully lose their benefices and pensions.
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†Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the 17th act of the parliament held and begun at Edinburgh, 24 October 1581, entitled 'Commission for reformation of the hospitals, maison dieus, almshouse and bede-house, and reducing them to their first institution etc.'; and because the greatest part of the noblemen and other officers of state to whom the said commission was directed are departed this life, ordains their rooms to be supplied by the persons after-following, they are to say: John [Maitland], lord Thirlestane, chancellor, Sir Robert Melville of Murdocairnie, knight, treasurer, Sir Richard Cockburn, younger, of Clerkington, secretary, Mark [Kerr], lord Newbattle, master of requests, Alexander [Colville], commendator of Culross, Master David MacGill of Cranstoun-Riddel, his highness's advocate, Alexander Hay of Easter Kennet, clerk register, and William Little, provost of Edinburgh, giving, granting and committing to them, or any three of them jointly, the like power and commission to convene themselves, to the effect and in manner specified in the said former act of the date above-written in all points.
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†Forasmuch as it is statute and ordained in the parliament held at Edinburgh, 24 October 1581, that every parish kirk, and as much bounds as shall be found to be a sufficient and competent parish for that, shall have their own pastor with a sufficient and reasonable stipend, according to the which ordinance diverse of the gentlemen dwelling to landward of the parish of St Andrews have exposed and declared to his highness and estates of this present parliament the large quantity and bounds of the parish of St Andrews of old, both to burgh and to land, exceeding seven miles of length, which cannot be sufficiently instructed by a pastor in respect of the populous congregation of the said parish and great distance of the said parishioners' dwellings from the said parish kirk, and therefore have craved the division of the said parish and a reasonable bounds of the landward of the same to be erected in a several parish for their better and more commodious instruction, offering to build a kirk and manse thereto upon their own expenses, which petition his highness and estates foresaid, finding to be most godly and reasonable, have therefore found, designed and declared the particular towns and lands after-mentioned, lying of old within the said parish of St Andrews, to be a sufficient and competent bounds for a several and distinct parish, they are to say: Byrehills, Smiddy Green, Balduff, Bonnytown, Walkmylne, Stravithie, Bannafield, Kinaldy, Kilmerston, Carngour, Lambieletham, Langraw, Feddinch, Unthank for Letham, Lathockar, Hazelden, Easter and Wester Morton; and therefore to have divided the same town and lands particularly above-mentioned from the old parish of St Andrews, and to have erected the same just as his highness and estates of parliament erect the said towns and lands presently above-specified, with the whole bounds, meiths and marches thereof, in a several and distinct parish for that part of the landward of the said parish of St Andrews dwelling upon the same, to be called in all time coming the South Kirk of St Andrews, with power to them to build a parish kirk and manse upon any part of the said lands which shall be found most commodious and convenient by the said parishioners for the resort of the said people thereto, and to convene at the said parish kirk for hearing the word of God and administration of the sacraments at all times convenient, giving, granting and conveying to the said parish kirk all liberties, privileges and commodities that any other parish kirk within this realm has, and discharge the said parishioners of all charges, imposed burdens and taxations to which they were subject of before to the old parish kirk of St Andrews and of all manner of contribution thereto, declaring them to be free thereof in all time coming, so that they shall be only burdened with the building, reparation and upholding of their said new parish kirk and other ordinary charges and expenses belonging thereto.
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†Our sovereign lord, remembering that his majesty, upon certain special good and godly occasions tending to the glory of God in the month of November 1589, after his highness's perfect age of 21 years complete and general revocation made in parliament, gave, granted and, for his highness and his successors, committed to his grace's beloved John Shaw of Greenock his majesty's full power, special liberty, faculty and licence to erect and build a kirk, design a manse and yard thereto, in and upon any part or place within the bounds of his own lands and heritage where he shall think most commodious and convenient, whereat his whole tenants shall be held to convene to hear God's word and receive the sacraments in all time coming, ordaining the same to be called the parish kirk of Greenock, and therefore exempting him, his heirs and tenants of his whole lands and heritage now had and to be had by him and them from all keeping and convening to their old parish kirk in any time coming, but at their own will and pleasure; and declared them to be free and perpetually exonerated and discharged of all charge and burden of the same in stent, taxation, repairing, building or any other manner of way in time coming. And further, his majesty, upon the special respects foresaid, has exempted the said John Shaw, his heirs and tenants, present and to come, dwelling upon his proper lands and heritage of Greenock, Finnart and Spango with their pertinents, extending all to twenty eight pounds, thirteen shillings worth of land of old extent, lying in the parish of Inverkip within the sheriffdom of Renfrew, from all payment of any part of any taxation, stent, subsidy, charge and imposition whatsoever to be raised and imposed within this realm in any time hereafter, either ordinary or extraordinary, for any cause or occasion that may happen in respect the said lands are of title extent and the taxation thereof will be but small; and therefore his highness, for his grace and his successors, has decreed and declared the said John Shaw and his foresaids to be free and simply discharged thereof for ever as in the letters of erection granted thereupon under the privy seal, bearing his majesty's faithful promise in the first word not only to provide a sufficient and reasonable stipend to the minister serving the cure of the said kirk of Greenock, but also to ratify and approve the erection of the same kirk, whole privileges and liberties granted thereto in his grace's next parliament, at more length is contained; therefore our said sovereign lord, considering the foresaid erection, liberties and privileges thereof to be granted upon a good and godly intention, with advice of the estates of this present parliament and whole body thereof, ratifies, approves and, for his highness and his successors, perpetually confirms the letters of erection made and granted by his majesty to the said John Shaw of Greenock and his heirs for the cause and in manner above-written, whole articles, clauses, liberties, privileges, conditions and circumstances whatsoever specified and contained therein; and wills and declares and, for his highness and his successors, with advice foresaid, decrees and ordains that the same letters of erection and this present ratification granted thereupon is, and shall be, sufficient right and title to the said John Shaw, his heirs, successors and tenants for possessing and enjoying of the whole liberties, immunities and privileges contained therein in all time coming; and ordains [Alexander Hay of Easter Kennet], clerk register, and his deputes to insert herein the said letters of erection, whole articles and clauses thereof at length word by word, whereof the tenor follows:
James, by the grace of God, king of Scots, to our collectors and other under-receivers of the stents, taxations, subsidies and impositions, ordinary and extraordinary, to be raised and imposed within this realm and all our executors of any of our other letters to be directed thereupon, lieges and subjects to whom it pertains, whose knowledge these our letters shall come, greeting. Understand us, being moved with the earnest zeal and great affection our beloved John Shaw of Greenock has always had to God's glory and propagation of the true religion since the first professing of the same within our realm, and that he, continuing in that godly mind and good intention upon sundry reasonable considerations moving him, of conscience and reverence he bears to God's name, is willing not only on his own cost to erect and build a parish kirk upon his own heritage, but also to appoint and design manse and yard to the same with the whole profit and commodity he has of teind belonging to the kirk for the help and support of the sustentation of a minister thereat, so that the poor people dwelling upon his lands and heritage, who are all fishers and of a reasonable number dwelling four miles from their parish kirk and having a great river to pass over to the same, may have an ease in winter season and better commodity to convene to God's service on the Sabbath day and rest according to God's institution, being well allowed of to proceed in the same work, both by the general assembly of the kirk and synodal assembly of the province wherein he remains. And we, understanding that the accomplishing of the said godly and good work will be a large cost and expense and great pains and travails to the said John and his tenants, therefore that they trouble not, nor he hindered therein, but rather be encouraged and have good occasion to perform the same, we, after our lawful and perfect age of 21 years complete and general revocation made in our parliament, have given, granted and committed and, by these our letters, give, grant and commit to the said John Shaw of Greenock our full power, special liberty, faculty and licence to erect and build the said kirk and design manse and yard thereto in and upon any part or place within the bounds of his own lands and heritage where he shall think most commodious and convenient, whereat his whole tenants shall be held to convene to hear God's word and receive the sacraments in all time coming; and ordains the same to be called the parish kirk of Greenock and, therefore, exempt him, his heirs and tenants of his lands and heritage now had and to be had by him and them from all keeping and convening to their old parish kirk in any time coming, but at their own will and pleasure by these our letters, and declare them to be free and perpetually exonerated and discharged of all charge and burden of the same in stent, taxation, building, repairing or any other manner of way in time coming. And further, upon the cause and considerations foresaid, we, earnestly willing the said John's godly intention foresaid, and being of good mind to move him thereto and recompense him for the same, by the tenor of these our letters, exempt the said John, his heirs and tenants present and to come dwelling upon his proper lands and heritage of Greenock, Finnart and Spango with their pertinents, extending all to twenty eight pounds, thirteen shillings worth of land of old extent, lying within the parish of Inverkip and our sheriffdom of Renfrew, from all payment of any part of any taxation, stent, subsidy, charge and imposition whatsoever to be raised or imposed within this realm in any time hereafter, either ordinary or extraordinary, for any cause or occasion that may happen, and that in respect the said lands are of little extent and the taxation thereof will be but small. And therefore, we, for us and our successors, decree and declare the said John and his foresaids to be free and simply discharged of all the said stents, taxations and others foresaid for now and ever, notwithstanding any our laws, acts, statutes, ordinances, constitutions, proclamations and charges made and set forth, or to be made and set forth in the contrary, regarding which we, for us and our successors, dispense in this case and make special derogation thereto by these our letters. Moreover, we, upon the earnest zeal we bear to God's word, faithfully promise in the first word to provide a reasonable stipend for sustentation of the minister who shall serve at the said parish kirk of [...], to be built and called in manner foresaid, what time or how soon we shall have occasion offered by casualty, accident or other commodity pertaining to us, and to see the same minister have special provision or assignation for sure payment thereof, in the same way and as sufficiently as any other minister within this our realm, and to be answered of the same without any litigation, question, trouble or impediment therein; and also faithfully promise by the word of the king that, if need be, we shall cause the erection of the said parish kirk with our liberty and licence to that effect and support to the sustentation of a minister thereat and all other articles and clauses before contained, to be ratified in our next parliament with all clauses and securities necessary and requisite thereto, discharging therefore you, all our collectors and other under-receivers of the said stents, taxations, subsidies and impositions, ordinary and extraordinary, to be raised and imposed within this our realm and you, all other of our executors of any of our other letters to be directed thereupon, that you nor none of you charge, horn, poind nor trouble the said John Shaw, his heirs, nor tenants of his twenty eight pounds, thirteen shillings [land]† above-written, with the pertinents, nor any part thereof for any part of the same taxations or any of them and of your offices in that part, by these our letters given under our privy seal at Holyroodhouse, 18 November 1589, and of our reign the 23rd year, by signature by the hands of our supreme lord the king and [John Maitland, lord Thirlestane], chancellor, written below.
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†Forasmuch as the parsonage of Forteviot, with the whole fruits thereof, lying within the diocese of St Andrews and sheriffdom of Perth, was, in the days of our sovereign lord's most noble progenitor King James IV of good memory, annexed to the college of St Salvador within the city of St Andrews for sustaining of a prebendary to serve and sing in the choir, which manner of service being abrogated by the laws of this realm, our sovereign lord, by his special letters under the privy seal, appointed and ordained whatsoever benefices and prebendaries annexed and founded within the said college of before for singing and serving in the said choir to be applied to the use and commodity of the provost, masters and regents of the said college, professors of letters and instructors of the youth, as in the said letters at more length is contained, by virtue of the which and of the said old annexation the said provost, masters and regents have been in possession of the said parsonage, and now our sovereign lord, for the zeal and affection which his majesty bears to the promotion of good letters within the said college, with advice of the estates of this present parliament, has of new annexed, united and incorporated and, by the tenor of this present act, annexes, unites and incorporates the said parsonage of Forteviot, fruits, profits and emoluments thereof whatsoever, to the said college, to remain therewith for perpetual memory for sustentation of the provost, masters, regents, bursars and founded persons therein, to be used and distributed by the common advice and consent of the said provost and remaining masters to the well, profit and commodity of the said college accordingly as their necessity shall require, providing always that the minister serving the cure at the said kirk be sustained upon the fruits of the vicarage so far as the same may extend and the surplus to be taken out of the fruits of the said parsonage.
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†Our sovereign lord and estates of this present parliament ratify and approve the dissolution of the deanery of Restalrig and division thereof in the parsonage of Lasswade and parsonage of Dalkeith made by Master George Ramsay, dean of Restalrig, with the particular provision following thereupon made by his highness to Master Archibald Simpson, minister at Dalkeith, of the parsonage of Dalkeith, which pertained of before to the deanery of Restalrig as a part of the primary thereof; and by the tenor hereof erect the said parsonage of Dalkeith in a several and distinct parsonage by the self, to remain with the said Master Archibald and his successor ministers of Dalkeith in all time coming; and likewise erect the whole remaining fruits of the said deanery of Restalrig and which pertained thereto of old in a several and distinct parsonage to be called the parsonage of Lasswade, and unite and adjoin thereto the vicarage of Lasswade when it shall happen to fall vacant, to be possessed and enjoyed by the said Master George Ramsay, minister of Lasswade, during all the days of his lifetime by virtue of his old provision to the deanery of Restalrig, and to remain with him and his successor ministers of Lasswade in all time coming.
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†Our sovereign lord, considering the great, long and earnest travails and labours sustained by his beloved orator John Durie, minister of God's word at Montrose, in the true preaching of God's word, besides the great charges and expenses made by him these many years bygone in advancing the public affairs of the kirk, and in addition to that remembering the great household and family of bairns with which he is burdened, whereby his majesty, being moved of before, gave, granted and conveyed to him, Marion Marjoribanks, his spouse, and Master Joshua Durie, their son, and the longer liver of the three respectively and successively during all the days of their three lifetimes, all and whole a yearly pension of £140 to be uplifted by them out of the feu mails of the lands and lordship of Altrie, lately erected, lying within the sheriffdom of Aberdeen, which pension his highness promised to ratify and confirm in the first word in the next parliament; which promise being called to his majesty's remembrance and estates of this present parliament, after due consideration of the cause above-written and other good and thankful service done by the said John Durie to his majesty and whole kirk of this realm, therefore his majesty and estates foresaid ratify, approve and confirm the letter of gift and pension made by his highness to the said John Durie, Marion Marjoribanks and Master Joshua Durie, their son, during all the days of their three lifetimes respectively and successively, of the date at Holyroodhouse, 7 August 1590, of the said sum of £140 to be yearly uplifted by them out of the feu mails of the said lands and lordship of Altrie in all the points, clauses and conditions thereof; and will and declare the said letter of pension to be excepted out of his majesty's general revocation made after his highness's age of 25 years, and in no way to be comprehended under the same nor any other general nor special revocations bygone; and to be as valid, good and sufficient in the self to the said persons and either of them as if the same were expressly excepted and reserved in the said revocation, notwithstanding of whatsoever acts of parliament, laws or constitutions made in the contrary, with which his majesty and estates foresaid by this present act dispense and make express derogation thereto in so far as the same may appear to be prejudicial to the said letter of pension. Moreover, his majesty and estates foresaid of new give, grant and convey to the said John Durie, Marion Marjoribanks and Master Joshua Durie, their son, during all the days of their three lifetimes respectively and successively, all and whole the said yearly pension of £140, to be yearly uplifted by them out of the said feu mails and lordship of Altrie, and for the more sure payment assign to them the said feu mails of the said lordship of Altrie, commanding the said [Robert Keith], lord Altrie, his heirs and successors, to make thankful payment of the same during the space foresaid, and discharging the collector general, treasurer of the new augmentations and comptroller, present and to come, of all calling, charging or pursuing for the said feu mails and of all stopping of the said persons in the said yearly pension and of their offices in that part; ordaining also the lords of exchequer to allow the said yearly pension to the said John Durie and his foresaids in the accounts of the feu mails of the temporal lands upon the sight of this present act and ordinance.
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[...]†
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†Our sovereign lord, now after his perfect age of 25 years complete, with advice of the whole estates of this present parliament, ratifies and approves and, for his majesty and his successors, perpetually confirms the charters, infeftments and sasines made and granted by William [Stewart], commendator of Pittenweem, and William Scott of Abbotshall respectively to the bailies, council, burgesses and community of the burgh of Pittenweem and their successor bailies, council, burgesses and community of the said burgh for the time, of all and whole that great house or great building of the monastery of Pittenweem under and above, with the pertinents containing the canons' or monks' refectory and dormitory of the said monastery, with the cellars beneath and lofts above the same refectory and dormitory; and also of the vestries of the said monastery under and above with their contents, and of the chapter chamber of the same monastery and cellar beneath the said chamber under and above, with all and sundry their pertinents, all lying in the said monastery of Pittenweem within the sheriffdom of Fife, on the west part of the inner close of the said monastery, between the same close on the east, the new gallery at the east end of the hall of the said monastery on the south, the common gate, kirkyard and house pertaining to James and William Stevenson respectively on the west and the west garden of the said monastery on the north parts; and that for the edifying and building of the minister's manse, grammar school, tolbooth, prison, weigh house and custom house of the same burgh and other necessary houses to the public use of the said burgh and kirk of the same in all and sundry points, passages, articles and clauses, immunities, privileges, liberties and circumstances whatsoever contained in the said charters, infeftments and sasines; and decrees and declares for his majesty and his said successors that the same charters, infeftments and sasines are, and shall be, in all time coming effectual, good, valid and sufficient to the said bailies, council, burgesses and community of the said burgh and their said successors for the peaceable possessing and enjoying of all and whole the said great house or great building containing as said is, under and above, with their contents, and of the said vestries, chapter, chamber and cellar beneath the same, under and above, with their contents and others mentioned in the said charters, infeftments and sasines, with all liberties and privileges specified in the same, perpetually and in all time coming according to the tenor and substance thereof in all points, notwithstanding whatsoever his majesty's revocation already made or to be made in any time hereafter, or any other of his highness's acts, laws, statutes or constitutions, general or special, made or to be made to the prejudice or derogation thereof or any of the liberties or privileges expressed in the same under the which the said infeftments, charters and sasines nor any part thereof shall never be comprehended by any manner of way, and also notwithstanding of whatsoever other infeftments or securities made or granted to any other person or persons of the said great house and others foresaid or any part thereof in hurt and prejudice of the said bailies, council, burgesses and community of the said burgh and their said successors relating thereto, which his majesty, with advice foresaid, for his highness and his successors, expressly revokes, makes void and annuls by the tenor of this act, and decrees and declares the same to have been from the beginning and to be in all time coming null and of no value, force nor effect, as if the same had never been made. And further, our said sovereign lord, with advice of his said whole estates, ordains to the effect foresaid a new charter, infeftment and gift to be made with consent of his highness's officers requisite thereto under his highness's great seal in the most ample and due form; and that freely without payment of any composition of the said great house or great building, vestries, chapter, chamber, cellars, lofts and others foresaid to the said bailies, council, burgesses and community of the said burgh of Pittenweem and their said successors to the effect foresaid, to be held of our sovereign lord and his successors by virtue of the act of annexation for the yearly payment of 6s 8d usual money of this realm at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of feu ferm, which new charter, infeftment and gift to be made as said is, our said sovereign lord, with advice of the said estates, ratifies and approves and, for his highness and his successors, perpetually confirms in all and sundry points, passages, articles, clauses, immunities, privileges, liberties, immunities and circumstances whatsoever therein contained; and decrees and declares for his majesty and his said successors that the same shall be in all time coming effectual, good, valid and sufficient to the said bailies, council, community and burgesses of the said burgh of Pittenweem and their said successors to the effect foresaid, and as effectual, good, valid and sufficient as if the same were already made and passed and duly by this foresaid act of parliament confirmed and registered in the same.
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†Our sovereign lord and estates of this present parliament, being all resolved and of deliberate mind and purpose that in all time coming there shall be a special minister appointed to make residence at each particular kirk within this realm for teaching and preaching of the evangel of Jesus Christ and administration of the sacraments thereat; and also that there be a local stipend designed and appointed to each minister to be taken up yearly of the thirds, teinds and other duties lying within each parish, out of which the ministers' stipends were in use to be taken and paid of before; and seeing the greatest part of the same thirds, teinds and other rents, assigned yearly of before in the said ministers' stipends, are now exhausted and taken away by the annexation, erections and other dispositions made thereof to diverse persons, so that without the good will of the present possessors of the teinds, temporal lands and other kirk rents, it will be hard and difficult to modify and appoint the said local stipends at each parish kirk, and that the shortness of time will in no way permit such a weighty matter to be entreated in this present parliament; therefore his majesty and estates of this present parliament have given and granted, likewise they, by the tenor hereof, give and grant full power and commission to the persons underwritten, they are to say: to Walter [Stewart], commendator of Blantyre, lord privy seal, Edward [Bruce], commendator of Kinloss, John [Graham], earl of Montrose, lord Graham etc, Alexander [Seton], lord Urquhart, Mark [Kerr], lord Newbattle, master of requests, Sheriff John Cockburn of Ormiston, knight, justice clerk, Master David Carnegie of Colluthie and George Home of Wedderburn, or any five of them jointly, and also to Masters Robert Bruce, David Lindsay, Patrick Galloway, James Nicolson, John Duncanson, Peter Blackburn, James Melville and Patrick Sharp, ministers, or any five of them jointly, and to [John Maitland, lord Thirlestane], my lord chancellor, [Alexander Hay of Easter Kennet], clerk register, and other officers of state when their leisure may serve to be present, to convene at such time and places as the said commissioners shall appoint among themselves, and there to treat and confer upon the particular heads following, namely: how and in what manner there may be a minister provided at each parish kirk within this realm; what local stipend is necessary for the ministry serving the cure at each parish kirk, and by what means the same may be best conveniently had and provided to them that they be not abstracted from their cure in time coming by suiting of their stipend otherwise; and to confer upon whatsoever heads necessary for performing of the premises; and to the effect that the same may be the better accomplished, with power to the foresaid commissioners to direct forth letters in his highness's name and authority, charging all tacksmen of the teinds and lands of whatsoever prelacies or other inferior benefices within this realm or any part thereof to compear before them whatsoever time and place they please to appoint by the said letters, bringing with them their said tacks and other rights to be seen and considered by the said commissioners, what special duty each tack contains, the number and quantity of the years contained in their tacks, and what yearly commodity the tacksman gets thereof; and consideration being had of the premises, the said commissioners by good and godly reasons to move and induce the said tacksmen each one for their own parts, according to the yearly value and profit of their teinds, to agree and condescend to some reasonably yearly profit and condition whereby the said local stipends may be provided to stand at each parish kirk in time coming to the person exercising the function for the time; and as the said commissioners agree, conclude and end their said conference, ordain them to report the same to his majesty and his privy council, to the effect that shortly thereafter his highness may appoint a convention of certain of the nobility and others of his estates to consider the said commissioners' proceedings, advice and determination in the premises, with power to the said convention and estates to end, conclude and determine upon the premises as they shall think best and most expedient after reading and advising of the report to be made in their whole presence by the said commissioners of their proceedings in the said matter, whose determination our said sovereign lord and his said estates presently convened find and declare to be as good and sufficient as if the same had been determined, ended and finally concluded in this present parliament; and ordain the same to be put to due execution, and to have full force, strength and effect in all time coming.
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†For remedy of the great contempt, disorder and wrong which has been in diverse parts of this realm in default of keeping and execution of the good laws and acts of parliament made of before by the sheriffs and other judges ordinary, their deputes and clerks, it is statute and ordained by our sovereign lord, with advice of his estates in parliament, that the said sheriffs and other judges ordinary as well to burgh as to land within regality as royalty, do their exact diligence to know and understand the laws of this realm and acts of parliament, whereof the execution is committed to their charge and that they put the same in execution without delay after the end of this present parliament, specially in searching, seeking, following, pursuing, apprehending, committing to ward and presenting to justice of declared traitors and rebels contemptibly remaining at the horn and standing registered in their own books undischarged, or in doing of justice upon them if they have commission for that effect; and if they cannot apprehend and catch the said traitors and rebels within the bounds of their own jurisdictions, to make denunciation to the sheriffs and judges ordinary of the four halves about that such persons are fled within their bounds, requiring them to use the like diligence in searching and apprehension of them as they will answer to his majesty at their peril and under the same pain that the traitors or rebels have incurred, in inquiring, searching and apprehending of sorners, oppressors, strong vagabonds and beggars wandering across the realm on pretence that they are destitute through ship-wreck or banished for slaughter or other odious offences, or are of the deceitful thieves and abusers calling themselves Egyptians, in execution of justice in all civil causes belonging to their judgement without partiality or needless delays, in extracting of processes, decreets and giving of sasines and retours at reasonable prices without exorbitant extortion, in bringing of their court books with the account of escheats and fines intromitted with by them yearly to the exchequer, in making of their deputes and clerks of men of best fame, knowledge, understanding and experience that may and can use the office, who shall be astricted to bring their registers of sasines, hornings and registrations to the exchequer and his highness's treasurer, as is contained and ordained in the acts of parliament made relating thereto of before. And that the said sheriffs and other ordinary judges may the better execute and do their duty in the premises, our sovereign lord, with advice of his estates in this present parliament, ratifies and approves all liberties, privileges, registrations, fees and commodities granted to them, their deputes and clerks by his highness or his progenitors of before, they always finding good surety in his highness's next exchequer for discharging of their offices dutifully and making of their accounts yearly in the exchequer at the diets appointed thereto, and that they shall in no way suffer themselves to be denounced to the horn in default thereof, but that they shall send their deputes, one or more, and clerk yearly at 1 November to be examined and admitted by the lords of council and session under pecuniary pains at the lords' modification, to be paid by them to our sovereign lord's use in case of fail, with certification to them that if the said surety be not found between now and the end of the said next exchequer, they shall be denounced rebels and put to the horn, and from thenceforth all his highness's subjects within their jurisdictions shall be exempt from their offices and jurisdiction; and moreover, declares and ordains all precepts out of the chancellery upon retours to be passed in the old manner to the sheriffs and other judges ordinary, with the clause taking security, freeing the party with present payment in case the said surety be found as said is.
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†Our sovereign lord and estates of this present parliament, considering the great abuse that has been amongst the lieges of this realm in their bearing of arms, usurping to themselves such arms as belong not to them so that it cannot be distinguished by their arms who are gentlemen of blood by their antecessors, nor yet may it be determined what gentlemen are descended of noble stock and linage; for remedy whereof, his highness, with advice of the said estates, has given and granted and, by this present act, gives and grants full power and commission to lyon king of arms and his brother heralds to visit the whole arms of noblemen, barons and gentlemen borne and used within this realm, and to distinguish and discern them with congruent differences, and thereafter to matriculate them in their books and registers, and to put inhibition to all the common sort of people not worthy by the law of arms to bear any signs armorial, that none of them presume or take upon hand to bear or use any arms in time coming upon any of their furniture or household gear under the pain of the escheating of the goods and gear so often as they shall be found contravening this present act, wherever the same arms shall be found engraved and painted, to our sovereign lord's use, and likewise under the pain of £100 to the use of the said lyon and his brother heralds; and failing of payment thereof, that they be incarcerated in the nearest prison, therein to remain upon their own charges during the pleasure of the said lyon. Item, because charges of treason have not been executed and used with such solemnity and officers of arms as the weightiness thereof requires, it is statute and ordained that our sovereign lord's treasurer and other directors of such letters deliver them in time coming to be executed by the ordinary heralds and pursuivants bearing coats of arms or macers, to be used by them as of before, and if any executions under the pain of treason shall be executed otherwise, declare the executions to be null and of no value. Item, in consideration of the great abuse of messengers and officers of arms within this realm, which for the most part are not qualified for using of the said office, being admitted by extraordinary and inopportune suits, by whose abuse the lieges of this realm are heavily troubled and oppressed, therefore it is statute and ordained that the said king of arms by advice of the lords of council and session deprive and discharge all such officers and messengers of arms as he shall find unworthy of the office and take reliable surety of the remainder for their observation of their injunctions in time coming, with power to the said king of arms, with advice of the said lords, to enjoin further necessary injunctions to the said messengers for keeping of good order in their offices, discharging him in the meantime to admit any more officers hereafter until the whole messengers presently bearing arms be reduced by death or deprivation to the number contained in the act of parliament made regarding the confused number of officers of arms.
†Item, for remedy of the great questions and debates that arise at all parliaments and other solemn conventions regarding the ranking of noblemen according to the ancientness of their house and priority of their votes, our sovereign lord, with advice of his said estates in parliament, gives, grants and commits full power and commission to William [Douglas], earl of Angus, lord Douglas and Abernethy, George [Keith], earl Marischal, lord Keith, Master Robert Douglas, provost of Lincluden, collector general, Adam [Bothwell], bishop of Orkney, Sir Robert Melville of Murdocairnie, knight, treasurer, Sir Richard Cockburn, younger, of Clerkington, secretary, Robert [Keith], lord Altrie, Sir John Cockburn of Ormiston, knight, justice clerk, Alexander Hay of Easter Kennet and Sir David Lindsay of the Mount, knight, lyon king of arms, or any four of them, the said Earl Marischal and lyon being always two, to convene, consult, try and give their advice subscribed with their hands how all the estates of this realm shall ride from the king's palace to the parliament house and toward their sitting and voting therein. Item,† last, that because the jurisdiction of the lyon king of arms is not able to execute due punishment upon all persons that shall happen to offend in the office of arms, therefore our sovereign lord, with advice of his estates in parliament, ordains and commands all civil magistrates as they shall be required by the king of arms or any others in his name to concur with him to see the acts made in his favour of his office put to due execution in their jurisdictions, as also to concur with him to the punishment and incarceration of all such persons as shall usurp the bearing of his majesty's arms after due deprivation under the pain of rebellion and putting of the disobeyers to his highness's horn, with certification to them if they fail, being required, letters shall be directed simply to put them to the horn.
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†Because it is provided that criminal letters shall not need to be registered, but returned to the adjournal, therefore ordains and commands [Sir John Cockburn of Ormiston], justice clerk, and his deputes, within six days after criminal letters, with execution of any persons at the horn, be returned to them, to deliver the names denounced with a brieve note of the cause to the treasurer† or [Alexander Hay of Easter Kennet], his clerk register, that letters for taking up of the escheats of the persons denounced may be directed and executed with all expedition as the said treasurer and justice clerk will answer to his highness upon their duty and diligence, that in justice courts or justice ayres the whole assize summoned being called out and the absents fined, the extract of the act of the fines be delivered to the treasurer or his clerk within six days thereafter, that letters may be directed thereupon for taking up of the said fines without composition to be made thereof, and likewise, whenever any persons that have found surety to underlie the law compears not at the day appointed and through which are discerned to be denounced rebels as fugitive from the law, the justice clerk or his deputes shall deliver the act of adjournal thereupon, with the precept to denounce the persons so discerned fugitive by open proclamation at the market cross of Edinburgh within six days after they be discerned fugitive. Which denunciation, our sovereign lord with his estates, declares and admits to be as lawful for intromitting with the escheats as if the same were made at the market crosses of the head burghs of the shires where the said rebels dwell, but the said horning shall not serve to put the inhabitants of the said shires in bad faith toward the reset, supply and intercommuning with the said rebels denounced until the said denunciation of horning be used at the market crosses of the head burghs of the shires where the rebels themselves dwell, and that the lords of council and session grant no letters of suspension upon any pains and fines of specified sums charged for by the treasurer without consignation or good surety in the in parts of the realm, that [Sir David Lindsay of the Mount], lyon king of arms, within 15 days after the publication of the acts of this present parliament, deliver to the treasurer or his clerk the names of the officers standing admitted, with the names of their cautioners, as also the names and cautioners of the deprived officers in time coming, that all exemptions and licences from raids and assize or for transporting of forbidden goods (if any shall happen to be granted) shall be subscribed by the treasurer for composition to his highness's use, and to be registered in the treasurer's register to the effect he may be charged therewith in time coming in his accounts, and that no such licences be warrant in judgement or to the signet or privy seal wanting the subscription of the said treasurer; and forasmuch as the care and charge of the receiving and making account of the monks' portions, first fruits and fifth penny of benefices is committed to the charge and diligence of his highness's treasurer, therefore ordains and commands the said treasurer to make a perfect rental of the said monks' portions, first fruits and fifth pennies, and to charge and discharge him therewith in his accounts; and that he may be the better acquainted therewith, ordains all signatures of gifts and provisions to be passed upon any part of the same to pass his highness's treasurer's register and be subscribed by the keeper thereof before it be sufficient warrant to the seals. Our sovereign lord, with advice of his estates in parliament, discharges all commissions of justiciary granted by his highness of before and none to be granted in time coming generally or for longer space than the errand in hand may be conveniently perfected, and that on caution to produce the process and pay that part of the commodity which by the commission is destined for the king's use.
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†Our sovereign lord, understanding that this long time bygone neither his majesty nor the country has imported any commodity of the mines and metals, which in great abundance might be easily found in this realm, to the maintenance and sustentation of a great number of the lieges thereof, and that the said inconvenience has ensued by reason our said sovereign lord and his most noble progenitors were in use commonly to set the said whole mines within their dominions to one or two strangers for a small duty, who neither had substance to cause labour and work the hundredth part of any one of the said mines, nor yet instructed other lieges of this realm in the knowledge thereof, which is more than notorious by the doings of the present tacksman of the mines, who neither works presently nor has worked these many years past, nor ever has searched, sought nor discovered any new metal since his entry, nor has instructed any of the lieges of the country in that knowledge, and which is most inconvenient of all, has made no sufficient payment of the duty of his tack to our sovereign lord's treasurer, so that no part of the said yearly duty is ever come in the said treasurer's account to his highness's use and commodity, whereby our sovereign lord and the whole country will sustain great loss if a stranger shall possess in this manner the whole metals within his majesty's dominions without payment of any duty for the space of 21 years altogether; likewise also in respect of the right of all mines pertaining to his majesty and his highness's predecessors, therefore whensoever any mine or seam of metal was found by any of the lieges of this realm, the same was either neglected, or by all means possible obscured, by reason that no part of the commodity thereof might redound to themselves, whereby a great profit which might have been got both to our sovereign lord and as to the country was utterly overseen. And now our said sovereign lord, understanding the inconveniences foresaid to have proceeded chiefly because there was not a special man of wit and knowledge appointed to whose office properly the oversight of the whole matter of the metals should pertain, and of whom his majesty and estates might seek an account and reason of the administration of his said office that his mines be not neglected (as they are), diverse other princes making so great commodity of the like; therefore our said sovereign lord, with advice of the estates of parliament, has statute and ordained that in all time coming there shall be an ordinary officer appointed and provided to the said office enduring his lifetime for the oversight and profitable handling of the whole matter of the metals and minerals pertaining to our said sovereign lord, and concerning the same, to be called the master of the metals, who shall have the power, express charge and command of his grace and estates foresaid by virtue of his said office to call and reduce before the ordinary judgments of session, secret council or lords of the exchequer respectively for relevant cause of the law all and whatsoever right is made of before to whatsoever person or persons, with advice of parliament, or otherwise of the said metals or any part thereof, or of any or whatsoever offices belonging thereto; and also shall have power, charge and command as said is to seek whatsoever lawful execution against the persons who have had or who shall have or acquire any right of the said metals and minerals with others foresaid and subject to any duty or service to our said sovereign lord for the same, to cause the said duties both bygone and to come be thankfully paid to our said sovereign lord's treasurer and others who have or shall acquire sufficient right and power to retain his majesty's duty, and to compel the said inferior officers to do their duties according to their said offices under the pain of loss of the same. Moreover, our said sovereign lord, with advice foresaid, has statute and ordained that all signatures of infeftments of feu tacks, contracts or dispositions whatsoever to be made by our said sovereign lord or his grace's successors of any part of the said metals or minerals, or of any office belonging to the same, or of any precept, pension, assignation or gift to be conveyed by our said sovereign lord or his foresaids of any part of the profit thereof, shall be null and of no force, strength nor effect by way of action, exception or reply as expressly null of the law, except if the same be passed with the express consent and subscription manual of our sovereign lord's treasurer and also of the said master of metals jointly, and the said form of subscription to be expressed in the gift, which shall pass whatsoever signet or seal of the chancellery wherein the subscription of the master of the metals always in all the foresaid dispositions shall be necessary, and the want thereof shall be nullity of the law. And forasmuch as it is necessary that the said master of the metals, who must be answerable to his grace and estates for the administration of his office, understanding the private pacts and contracts between parties regarding the said metals that our sovereign lord may understand and know his grace, tenants and possessors thereof, and that his grace be in no way defrauded of his highness's duty, therefore it is statute, in manner foresaid, that no disposition or contract between private parties regarding the ground right and working of the said metals or minerals shall be valid, except if the said master of the metals consent thereto, under the pain of nullity, and this clause of nullity to be inserted in all dispositions of feu or long tacks which our said sovereign lord will hereafter make of the said metals or minerals or any part thereof in time coming, without prejudice of parties to sell and traffick with metals extracted and refined at their pleasure, without consent of the said master. Moreover, the said master of the metals only and no others except by his right shall have power to cause break ground, search, seek, extract, work, carry and transport all the said metals and minerals within any part of his highness's dominions, nor set in feu nor convey lawfully to other persons, and likewise within such parts whereof the metals are feued and conveyed to the said other persons, where they themselves refuse or delay to work the same and postpone, to find sufficient caution acted in the books of council or exchequer that they shall sufficiently work, labour and exercise the said metals, and pay our sovereign lord's just duty and tenth part thereof to our sovereign lord's treasurer and others having power as said is; with power to the said master of the metals to make associates in sufficient number and to enter workmen, as well subjects of this realm as of whatsoever number of strangers, not exceeding the number of forty persons in each shire, and to appoint them markets for their provisions and other things necessary with ways and passages, free ish and entry, places for all manner of houses, mills, mill lands, furnaces and fire out of the next adjacent moss and woods necessary for their works, the possessors of the lands, woods and moss being always satisfied and their licence obtained thereto for the damage which hereby they shall sustain in this surface of their ground, not counting the value of the metals to be found within the same as not appertaining to the said proprietors but to our sovereign lord, the said master of the metals being always accountable to our sovereign lord's treasurer and others having power as said is, of his majesty's duty, which is the tenth part of all the said metals freely to be paid to our sovereign lord yearly and termly. And by reason the said miners and workmen are daily in the hazard of their lives by the evil air of the said mines and the danger of the falling in of the same and other infinite miseries and dangers which daily occur in the said work, therefore our sovereign lord, with advice foresaid, exempts the said miners, metallurgists and others actually remaining at the said work from all taxations, charges, proclamations and other charges whatsoever, both in peace and war; and, by the tenor hereof, takes them all, their servants, families, goods, gear and heritages in his special protection, declaring that whatsoever wrong or oppression directly or indirectly shall be done to them in their persons and goods shall be severely punished as done against his majesty's special protection and safeguard, commanding all his highness's judges to see the execution hereof effectually performed within their own bounds and jurisdictions. And because many small questions, controversies and debates will arise between the said workmen and merchants and other traffickers concerning the said metals and minerals which may not abide the lengthy course and great expense of the ordinary justice, therefore it is statute and ordained that the said master of the metals, by himself and his subdelegates, one or more to be appointed by him, to make residence in some convenient place of each shire near and commodious to the said metals, shall be judges ordinary in the first instance in all matters civil and criminal properly concerning the said metals, excepting slaughters, murders or mutilation, which shall be decided by our sovereign lord's great justice according to the ordinary form, providing always that the lords of session shall be judges in the second instance, to reduce whatsoever wrong the said master of metals shall judge or determine by himself or his subdelegates, with power to the said master of metals to make statutes concerning this matter, providing the said acts be first specially approved by his majesty's secret council, to create subdelegates, clerks, servants and other members of court, and to have an ordinary register, and generally to do, practice and exercise all things necessary to the said jurisdiction in such form as the commissaries of Edinburgh, sheriffs of the shire or lords of the regality may do within the realm, discharging all other judges to meddle in any way or have concern with the said judicatories of any such matters; and ordains the lords of session to advocate all such pursuits from their judgments and to remit the same to the judgement of the said master of the metals, providing always the said ordinary judges shall concur to see all the said decreets put to execution within their jurisdictions in such form as they are obliged to cause execute any other ordinary decreet not determined by themselves. And by reason his majesty's rent ordinary cannot well be burdened with any fees or expense to be made hereon, therefore it is statute that the ordinary fees to be appointed to the said master of the metals, or to any other inferior officer concerning the metals foresaid, shall in no way be given out of his majesty's treasury, comptrollership or collectory nor of any other casualties pertaining to his highness, except of the free profit of the said metals only, which shall be freely brought in, paid and made account of yearly to our sovereign lord's treasurer by compositions of signatures belonging to his majesty and by payment of his majesty's tenth part with such other casualties of the said metals, whereof our sovereign lord, with advice of the parliament, has statute and ordained that the said master of the metals shall have yearly the twenty penny as for the ordinary fee of his office, and for eschewing of the multitude of the inferior officers by whose fees a great part of the remainder of the said free profit may be exhausted and made unprofitable to his majesty, it is statute that the ordinary searchers, clerks of cockets and magistrates of burghs and free ports within this realm shall in no way permit any part of the said ores to be transported nor refined, and shall do their diligence in trying of the transporting of the said metals and ores and registering of the quantity thereof, and names and ships of the transporters thereof to be given up by them to the master of the metals as they are subject to do for any other forbidden goods, and that they be answerable to the exchequer and master of the metals yearly hereupon. Likewise it is statute that no such ores shall be transported out of the country, unrefined at least, without licence of the treasurer and master of the metals jointly, and also that no office concerning whatsoever the said metals shall be in any way valid or effectual in any time hereafter, except if the same be of new conveyed by our sovereign lord, with advice of the said treasury and master of the metals jointly as said is, who shall have power to control, try and examine the necessity of the said office, the conditions and special service to be enjoined to the receiver thereof, the penalties of the faults and negligence to be done by him in the said office, the quantity of the fee and all other things depending thereupon, and to stop the signatures thereof, that the same pass in no way forward except for a necessity and a seen profit to his majesty's service; and the said office being passed lawfully as said is, the trying of whatsoever fault or negligence to be committed thereafter in the administration of the said office by the said inferior officer and the power of deprivation of him thereof for the said tried fault or of the condemnation of him in such a pecuniary pain as his majesty's interest will extend to, shall ever pertain in the first instance to the said master of the metals. And our said sovereign lord, knowing the qualification of his well-beloved councillor Master John Lindsay, parson of Menmuir, and of his travails in seeking out and discovering of diverse metals of great value within this realm, and in sending to England, Germany and Denmark to get the perfect assay and knowledge thereof, being also well assured of his earnest desire to advance his majesty's service and commodity, therefore has, with advice of the parliament, given, granted, and conveyed to the said Master John during his lifetime the said office of the master of all the metals, mines and minerals whatsoever within his majesty's dominions with all the foresaid privileges and liberties and all others which of the common law and custom of this or other well-governed countries thereto is known to pertain, together with the special fee of the twenty penny of all sums of money or estimation of metals, ores and other minerals which shall be made account of yearly to his treasurer properly coming of the said metals, and arising upon the profit thereof as said is. And also our sovereign, willing that all his majesty's lieges who will take on hand to discover and work the said mines may have reasonable profit and recompense of their pains [and]† a sufficient security made to them of their own mines within their own lands, and also understanding that the duty of the said mines which both of the common law and customs observed by other foreign princes properly pertains to the prince extends only to the tenth part free, therefore our said sovereign lord, with advice of his estates in parliament, has dissolved the said mines and metals in so far as they were part of his property, annexed or otherwise, to the effect the same may be set in feu for augmentation of our said sovereign lord's rental; and statutes and ordains that it shall be permissible to his highness and his successors, with advice of the treasurer and of the said master of the metals jointly and for reasonable composition to set in feu ferm to every earl, lord, baron and other freeholder within this realm all and whatsoever mines of gold, silver, copper, lead, tin and other whatsoever metals or minerals, which are or may be found within their own lands and heritages, with power to them to seek and discover, labour and work the said metals and minerals, and to sell, convey or set the mines thereof in tacks or feu, with consent always of the said treasurer and master of the metals jointly in manner foresaid, to others of their subtenants at their pleasure as their proper goods and heritage and with such other ample privileges as our said sovereign lord, with the consent foresaid, shall think expedient for the extracting and working of the said metals by countrymen or strangers, paying thereof yearly the said earls, lords, barons and others who shall accept the said feus as said is to our said sovereign lord and his treasurer, their factors and servants in their name, the just tenth part of all and whole the said gold, silver, copper, lead, tin and other minerals which shall be found and got yearly within their said lands and heritages upon the ground where the same shall be found in such ore and quality as the same shall be got out of the earth freely, without any deduction, with express provision that whatsoever ore the said persons shall extract to their own use shall be received with the king's duty by the master refiner, whom his majesty shall appoint to refine both his majesty's tenth part and all the rest of the ore which shall be extracted within this realm, that his majesty be not defrauded of his grace's duty thereof, providing that in case any mines being sufficiently discovered to be within any of the lands pertaining to any subject of this realm, and the lord of the ground sufficiently advertised thereof and lawfully required to work the same himself before a notary and for witnesses as appropriate, if he refuses or delays the space of three months thereafter, then and in that case it shall be permissible to our said sovereign lord to set the same in feu or tack, or otherwise to cause work the same, or to make right thereof to any other person at his grace's pleasure that by the wilful refusal or delay of the owner of the ground, his grace and his country be not defrauded of the commodity of the said mine. And our said sovereign lord, with advice foresaid of the parliament, declares that this act of dissolution shall be perpetual, to last for all time coming. And forasmuch as Thomas Foulis, goldsmith, has found out the engine and means to cause smelt and refine the ores of metals within this country and has brought in strangers and built houses and mills for this effect to his great cost and expense, and to the great and evident welfare of the whole country within the which no ore in great was ever smelted of before and refined, but the same was ever transported out of the country unsmelted and refined, therefore our sovereign lord, with advice of the estates foresaid, ratifies the said Thomas's gift of the said smelting and refining of all and whatsoever ores of metals extracted and wrought within this country, in the whole liberties, privileges and fees contained therein etc.
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†Sir Archibald Napier of Edinbellie [and Merchiston], knight, as commissioner for the sheriffdom of Edinburgh principal, by his vote dissents from the dissolution of the mines and setting of the same in feu after the manner proposed, by reason the same is proposed with reduction for payment now only of 100 stone of each 1,000, whereas the mines paid of before 50 ounce utter-fine silver of each 1,000 stone, which is nearly four times as much profit as the offer proposed; as also protests as general of his majesty's mint-house that no collector be appointed over the collection of his majesty's duty of the mines except the general of his majesty's mint-house, and that because it is a part of the said general's office, whereof he and his predecessors generals have been hitherto in use.
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†The estates of this present parliament ratify and approve his highness's revocation made after his perfect age of 21 years complete in the month of July in the parliament held at Edinburgh, 1587; and also ratify and approve his majesty's revocation made at Falkland, 17 July 1591, of all things done in his highness's grace's minority and less age before his highness's age of 21 years, and 21 years of his mother's age, in detriment and harm of his soul and conscience, in hurt of the privilege of his crown, prejudicial to the same and to his majesty in the patrimony thereof, so far as the common law and customs of this realm leave his highness to revoke; and this act to have as great effect and as largely extended in general and in special as any revocation made by any of his majesty's progenitors of before, and suppose his highness of his favour and benevolence suffers any person or persons to use and possess any privilege or possessions of lands, rents and offices that are fallen under his grace's revocation, shall make no right to the users and holders thereof, but it shall be lawful to his majesty to put his hands thereto whenever it shall please him, without any contradiction by virtue of the said revocation, acts and constitutions of this realm made of before.
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†Our sovereign lord, with advice of the estates of this present parliament, calling to remembrance how near and closely related his highness's dearest cousin Ludovic, duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny etc., is in blood and consanguinity to his majesty, through which his highness of duty is bound to have a special care over the said Ludovic, duke of Lennox, himself, his whole lands, rents and living, specially seeing it was not his majesty's will nor intention that the charters, infeftments, gifts and dispositions thereof made, given and granted by his majesty to him at any time before should be in any way prejudiced nor hurt by any past revocations, special or general, made by his highness, but the same shall stand and be effectual to his highness's said dearest cousin, notwithstanding the said revocations; therefore his majesty, with advice foresaid, by the tenor hereof, wills, decrees and declares all and sundry the lands and others after-specified, namely: all and whole the dukedom of Lennox, earldom, lordships, baronies, regality and others whatsoever thereof contained in the infeftment granted to his highness's said dearest cousin thereupon, the lordships of Methven and Balquhidder, it with mills, multures, woods, forests, fishings, advocation, donation and right of patronage of the provostry of Methven and regality thereof, together with all charters, precepts and sasines, gifts and dispositions whatsoever made, given and granted by his majesty to his highness's said dearest cousin of the foresaid dukedom, earldom, lordships and others above-rehearsed at any time bygone to have been from the beginning and to be hereafter specially excepted and reserved out of all and sundry revocations made by our said sovereign lord at any time before the day and date of this exception, in such manner as if special exceptions and reservations thereof had been specially inserted and contained in every one of the said revocations, providing always that this exception in no way be prejudicial to Sir John Murray of Tullibardine, knight, his infeftment of the lands of Balquhidder and others of his lands specified in his said infeftment thereof with their contents, nor to the infeftments of feu ferm made and granted by his majesty, with advice of his highness's comptrollers, to Master Gilbert Moncrieff, his highness's physician, his heirs and assignees whatsoever, of all and whole the lands of Myreside and Bachilton and their pertinents lying within the lordship of Methven and sheriffdom of Perth; which infeftments our said sovereign lord and estates foresaid decree and declare to be sufficient and valuable rights and titles to the said Sir John and Master Gilbert for possessing of the said lands with their contents, notwithstanding this exception from his highness's revocation, granted in favour of his highness's said dearest cousin, which exception his majesty and estates foresaid find and declare no way to be derogatory or prejudicial thereto.
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†The which day, in presence of our sovereign lord and his estates of parliament, compeared personally James, commendator of Inchaffray, and protested that the Duke of Lennox's ratification of the lordship of Methven and Balquhidder prejudice not the Lord Drummond regarding his right of the stewartry of Strathearn within the which the lands of Balquhidder lie; and also protested that the exception granted to Sir John Murray of Tullibardine of the lands of Balquhidder prejudice not the said lord regarding the said office of stewartry of Strathearn.
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†Regarding the complaint given in to his majesty and estates of parliament by his highness's comptroller, making mention that diverse and sundry infeftments of his highness's property have passed the seals without the said comptroller's knowledge or consent, through which he is not able to know his majesty's tenants nor their yearly duty; for remedy whereof, our sovereign lord and estates of this present parliament declare and ordain all infeftments of feu ferm or confirmations of the proper lands pertaining to his highness's crown that are made since the entry of this present comptroller to his office, or to be made in time coming, without the express consent and knowledge of the said comptroller the time of the making thereof and subscription of his hand and passing his register, whereby the estate of the said lands are any way altered or innovated, to be null and of no value in all time coming, albeit the same be passed through all the seals, because the comptroller should know when any tenant is altered or newly entered to the king's property, and that the wanting of the comptroller's subscription to the signature, which is the warrant of the said original charter, shall be a sufficient cause of reduction.
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†Our sovereign lord, with advice of his estates, considering the great damage done to his parks and forests by the liberty that every man usurps by the putting in of all kinds of goods in them without any licence had and obtained thereto, through which the said parks and forests are wholly destroyed and made unprofitable for his majesty's use, therefore, it is statute and ordained that whatsoever goods not put in by [David Seaton of Parbroath], comptroller, or any having his power, shall be at any time after this present parliament found pasturing within any his majesty's parks and forests, it shall be lawful to the comptroller or any having our sovereign lord's power to intromit with the same, escheat and bring in them to his majesty's use, without any danger of law or peril to follow thereupon; and that letters be directed hereupon by the lords of secret council, session or exchequer charging all and sundry within 10 days' warning to clear and remove their whole goods out of the said parks, with certification if they fail, the said 10 days being past, they shall be escheated and brought in to his majesty's [use and]† benefit, and that publication be made hereof at the parish kirks and market crosses of the burghs next adjacent to the said parks and forests.
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†The which day, in presence of our sovereign lord and his estates of parliament, compeared personally Adam, bishop of Orkney and commendator of Holyroodhouse, and protested that whatsoever acts passed in this present parliament regarding the park lying at Holyroodhouse in favour of the tenants and occupiers thereof, that the same shall be in no way prejudicial to any right, liberty, privilege or pasturage he as commendator of Holyroodhouse and his predecessors have had thereto in times bygone, or ought to have of the law, seeing the most part of the said park was taken out of the property of Holyroodhouse.
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†Item, because the burgh ruids, lands and privileges of the most part of the burghs of this realm are set of old for the burgh mails contained in their infeftments to be paid in sterling money, and through the oversight and negligence of his majesty's officers these many and diverse years bygone the said mails are received in current money of this realm, to his highness's great hurt and damage, therefore his majesty, with advice of his estates, ordains the whole provosts and bailies of the burghs of this realm to produce their infeftments in this next exchequer to be seen and considered by the lords auditors thereof that it may be known whether they ought to pay their said burgh mails in sterling money or usual current money of this realm, with certification if they fail they shall be held to pay the same in all times hereafter in sterling money, or else the value thereof as it is now current in Scotland.
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†Item, our sovereign lord and estates of this present parliament ratify, approve and confirm the act of secret council made upon 27 February 1589 [1590], regarding the bringing of all packs of English cloth whole and unbroken up to the custom house and selling thereof in manner contained therein in all points, articles and clauses respectively specified in the same, with this addition: that no manner of persons take upon hand to house, hide or conceal any manner of English goods, either coming by sea or land in any burgh or suburb of this realm, under the pain of confiscation of all the goods so hidden and concealed in defraudation of the due custom wherever the same can be apprehended. And in case the same be not apprehended, the owners to make the value thereof forthcoming to his majesty as escheat after trial taken therein as appropriate, as also for the better execution to ordain each customs officer to search within the bounds of his office all manner of houses and booths as well to burgh as to land and to escheat, confiscate and intromit with all manner of English goods on which no custom has been paid, and all English cloth unsealed and, if need be, to make open doors and other lockfast receptacles, and to use his majesty's keys to that effect. And in case any persons resist by force to make open and patent doors to the said customs officer for the effect foresaid, the resisters to be under the like danger as the committers of the deforcements and to be punished in their persons and goods according to the act made relating thereto; ordaining also the provost, bailies and magistrates of each burgh, if need be, to concur and assist with the said customs officers in execution hereof so often as they shall be required thereto.
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[...]†
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†The king's majesty and estates of this present parliament decree and declare that the ratification of any particular rights, infeftments, tacks, pensions or other writs and evidents granted to whatsoever persons in this present parliament shall in no way prejudice, hurt nor derogate the particular rights of other parts, notwithstanding they be neither ratified nor confirmed at this time by his highness and his said estates.
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†Our sovereign lord, with advice of his estates in this present parliament, has annexed and annexes the abbey of Kelso and priory of Coldingham, now vacant by the forfeiture of Francis [Stewart], sometime earl of Bothwell, or disinheriting and disabling of his posterity to possess honours, lands, livings, offices, heritages or benefices within this realm and that this present annexation be as sufficient as any annexation of whatsoever lands, heritages or benefices made to the crown of Scotland in any time bygone.
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†Forasmuch as Angus MacConnell of Dunyvaig and the Glens and Lauchlan MacLean of Duart, being accused of sundry crimes of high treason and barbarous cruelties committed by them, subject to his highness's will thereof, who, moved of mercy and clemency and willing rather to save than lose his born subjects, spared their lives and just deserved punishment and gave them liberty to pass home, which notwithstanding have improperly broken their promises and falsified their faiths, wherefore his majesty, with advice of the estates of this present parliament, decrees and declares that in case the said Angus and Lauchlan shall not personally give their obedience to his highness and use their remissions if they have any in presence of his highness, his council or justice or his deputes before 1 August next, accept the conditions granted to them by his highness and make sufficient surety for their obedience and thankful payment of his highness's rents in time coming, it shall be lawful to his majesty to cause pronounce his will against the said Angus and Lauchlan, which shall be the forfeiture of their lives, lands and goods, and to execute their pledges to the death, notwithstanding any grace, pardon or favour promised or granted to them, seeing they were granted in respect of their promised obedience and ought not to serve otherwise because of their late avowed contempt and disobedience; and the whole estates present promised to assist his majesty with their bodies, councils and whole force to make his authority obeyed by his subjects and the treasonable and barbarous rebels punished and repressed as they have worthily deserved.
[1592/4/63]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, considering that sundry of the noblemen and others nominated to be of his highness's privy council in his last parliament are departed this life or otherwise distracted by sundry occasions from ordinary attendance thereupon, therefore, and to the effect that the affairs of the common welfare of the realm and of his majesty's service may be the more carefully provided for in time coming, his highness has nominated and elected his privy council of the persons after-following: that is to say, of noblemen John [Hamilton], lord Hamilton, William [Douglas], earl of Angus, lord Douglas and Abernethy, David [Lindsay], earl of Crawford, lord Lindsay, George [Keith], earl Marischal, lord Keith, John [Graham], earl of Montrose, lord Graham, John [Erskine], earl of Mar, lord Erskine, William [Douglas], earl of Morton, lord Dalkeith, Andrew [Leslie], earl of Rothes, lord Leslie, James [Cunningham], earl of Glencairn, lord Kilmaurs, beside Ludovic [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny etc., to have access and vote when he pleases; and of the barons, knights and gentlemen, Sir John Gordon of Lochinvar, knight, Sir Hugh Campbell of Tarrinzean, Sir John Murray of Tullibardine, Colin MacKenzie of Kintail, Master George Lauder of the Bass, Sir Alexander Bruce of Airth, Master David Carnegie of Colluthie [and Kinnaird], Sir John Carmichael of that Ilk and Alexander Home of North Berwick; and of the officers of state, John [Maitland], lord Thirlestane, chancellor, Walter [Stewart], commendator of Blantyre, keeper of the privy seal, Sir Robert Melville of Murdocairnie, knight, treasurer, David Seaton of Parbroath, comptroller, Master Robert Douglas, provost of Lincluden, collector general, Alexander [Lindsay], lord Spynie, vice chamberlain, Sir George Home of Prynroknowis, knight, master of the wardrobe, Sir James Melville of Halhill, knight, and Master Peter Young of Seaton, almoner, with [Mark Kerr, lord Newbattle], master of requests, [Sir Richard Cockburn of Clerkington], secretary, [Sir John Cockburn of Ormiston], justice clerk, advocate† and [Alexander Hay of Easter Kennet], clerk register, but to have access and vote therein when they are present or be sent for, who being ordinary officers of the estate as also senators of the college of justice may not attend daily in privy council. Of the which whole persons above-specified, nine shall be always subject to make residence two months together, that is to each one the third part of the year, and to the giving of any decreet or concluding of any matter of importance, seven shall be a sufficient number, and towards the special times of their attendance they shall accord among themselves relating thereto before they depart out of Edinburgh, which council shall convene daily when they sit or have occasion of affairs at 8 o'clock before noon and remain together until dinner time, and no sitting to be at after noon, and at rising shall always appoint the day of their next sitting; and all letters charging men to compear before the privy council for any cause, shall be a special peremptory day in the week, and the process before the privy council shall be always peremptory in time coming; none shall be permitted to remain in the council house from the council be set down, but his majesty's self when he pleases and such as are of the chosen number of the council, except Master George Young and the clerk of the council, two of the ministers and two of the burghs shall have access to the council to negotiate, propose and reason in any cause concerning their estates when they have occasion to crave the same. This council shall not be augmented or altered except through occasion of death, demission or deprivation of some of the number, until the next parliament, and in case of death or deprivation of any, his majesty shall nominate and admit another of the like estate. To this council his majesty commits the providence, care and diligence of handling his affairs, particularly to every officer of state in his proper charge, and generally to the good advice of them all that shall be present, and wills that in absence of the chancellor the keeper of the privy seal, or failing of him, the treasurer, shall propose the matter and collect the votes; and his highness promises to use and follow their good advice and to suffer none to intervene between his highness and them in the credit of their offices, likewise the chosen councillors present faithfully promise to attend upon his highness during the space appointed and to give his majesty their best advice and counsel in all things tending to his highness's honour, profit and common welfare of the realm. And his majesty ordains his effectual letters be written to so many of his said council presently nominated and elected as are now absent, requiring them to accept the places to which they are nominated and elected, and to attend thereupon at the times appointed to them as they will declare their good affection towards his highness's service and common welfare of the realm, or otherwise to return their certain answers between now and 15 July next, that in case of their delay or refusal, his majesty may appoint others in their room of like estate and quality. Every one of the said councillors shall precisely keep the first day of that month appointed for them to convene, and not depart during the space of two full months together thereafter without a most urgent cause, known and admitted both by his majesty and lords of the privy council present, and the persons departing upon knowledge and licence shall procure others in council of the like estate to supply their absence during their remaining away for the subscriptions of signatures and letters by his majesty; his highness admonishes all persons to forbear to present any to his majesty or to urge him to subscribe them except his four ordinary officers to whose charge it appertains or their deputes allowed of by his highness: that is to say, the treasurer, comptroller, collector, every one of them in things belonging to their proper offices, and the secretary or his depute all manner of other writs, except the acts or letters passed in privy council to be presented to be subscribed by the clerk thereof, which shall be held to be answerable that the signatures and letters which they procure to be subscribed are in good form and not against his highness's honour and profit; and all letters and writs that shall be presented by the secretary, he shall sign with his subscription under his majesty or in his absence shall sign the same on the back and that it be passed under his highness's cachet or otherwise not to be admitted as authentic wherever they be presented; and if any person shall present or use any letter or writ otherwise than is presently ordained, it shall have no faith nor be admitted, but the purchasers and users of the same shall be esteemed and pursued as falsifiers thereof. Our sovereign lord, with advice of his said estates, ordains and commands the said four ordinary officers to agree among themselves what duly and properly appertains to every one of their offices, that no abuse nor contempt remain in default thereof, or if they cannot agree that way, they shall be held to underlie the judgement of the council present for the time.
[1592/4/64]*[print] [email] [cite] [preceding] [following]
†It is statute and ordained by our sovereign lord and his estates in this present parliament that albeit sundry ratifications be passed and pronounced in this present parliament in the favour of sundry of the estates or private persons upon simple articles, as also some favour granted to the vassals of persons forfeited in the same parliament, and to the burgesses and inhabitants of Edinburgh being infeft in lands or annualrents alienated to them by any of the said persons now forfeited or their predecessors under reversion, yet shall not the same ratifications be registered in the parliament books, nor have effect without the signatures of infeftments or articles granted or ratified be subscribed by his highness's treasurer,† or his ticket sent to [Alexander Hay of Easter Kennet], clerk register, testifying the treasurer to be satisfied that his majesty's commodity may be respected as appertains; and that between now and 1 August next otherwise the said ratifications to be null as if they had not been granted nor pronounced in parliament; and that the true rentals of things ratified to burghs, colleges or hospitals be presented to his highness and his council between now and the said 1 August next with a declaration how the same is employed, otherwise the same ratification to be null.
[1592/4/65]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his estates in this present parliament, ratifies, approves and, for his highness and his successors, confirms the letters made and granted by his highness, with advice of the lords of his secret council and of [Master Robert Douglas, provost of Lincluden], his collector general, making and constituting his highness's daily servant Thomas Hudson musician master of his highness's chapel royal and commissioner to the effect specified in the said letter, and of the yearly fee therein contained, as the same of the date 5 June 1586 at more length bears, in all points, articles and clauses thereof, after the form and tenor of the same; and ordains the said letter to have full effect, strength and execution in time coming, not only concerning his majesty's chapel royal of Stirling, but his highness's other chantry colleges, whereupon his majesty grants like power and commission to the said Thomas as upon his highness's own chapel royal. And because there is a great part of the fruits and rents of the kirks and benefices pertaining to the said chapel royal conveyed and assigned to the ministers serving the cure of the said kirks, therefore his majesty, with advice foresaid, ordains and commands his highness's collector general and treasurer of the new augmentations to answer and make payment yearly to the said Thomas of so much as he shall want of the yearly fruits and rents of the said kirks and teinds thereof by the benefices or stipends assigned or conveyed to the ministers out of the same, and for the remaining prebendaries and rents of the said chapel royal founded upon temporal lands and conveyed to whatsoever others than to the said Thomas and use of the said musicians at any time since the date of his said gift, finds and declares that he has good right and action to pursue for reduction and annulling thereof to the effect the same may be enjoyed and used according to the effect and meaning of the said gift and provision in all points, and because it is specially provided by the said letter that the said Thomas shall have paid to him yearly in his fee by the collector general of the surplus of the thirds of benefices within this realm the sum of £200, until so much of the rents of the same chapel royal be recovered by him as will extend to the same sum, therefore his majesty, with advice and consent of his said three estates, has thought fit, statute and ordained that his highness shall not convey at any time hereafter any of the prebendaries of the same chapel royal to whatsoever persons, either vacant by decease or otherwise, but has ordained the said Thomas to intromit with the fruits and rents of the same, ever as they shall happen to fall vacant, and to be accountable thereof to his majesty and his exchequer, allowing therein his own fee contained in the said letter until his highness has declared what number of musicians he will have to serve him in his house and chapel, and what fee every person shall have, and that it be found there is so much of the rents of the same prebendaries extant as to pay the same fees with. And in case it shall happen his majesty to make any new disposition of any of the same prebendaries otherwise than is before provided, in that case his majesty, with advice foresaid, decrees and declares the same to be of no value, strength, force nor effect, and ordains and commands the said Thomas to refuse their admission.
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†Forasmuch as in our sovereign lord's late dearest mother's time the thirds of all benefices within this realm were by act appointed to the sustentation of her majesty's house and of her highness's successors, so far as happened to rest free thereof by the sustentation of the ministry within this realm, and also, our said sovereign lord and [Mary], his said late dearest mother, and others of his highness's predecessors of good memory have founded, confirmed and augmented diverse hospitals within this realm with the gifts and donations thereto, which his majesty is willing to stand forever without any hurt or derogation, as also in the late parliament held at Edinburgh in the month of July 1587, the whole temporal, ecclesiastical lands of this realm are annexed to his highness's crown, and his majesty ordained to have present possession thereof, paying to the life-renters penny for penny and boll for boll. And because his highness's cannot understand what course to follow out regarding the premises, and cannot know perfectly what the said thirds will extend to, nor what will be the rent of the said hospitals, nor what present commodities will fall to his highness by the said act of annexation, nor how the ministry of this realm shall be duly provided according to his good will, mind and intention, unless his majesty and his highness's commissioners to be appointed to that effect have the sight of the rentals of all bishoprics, abbacies, priories, provostries, parsonages, vicarages, altarages, chaplainries, templaries and other benefices, and of all maison dieus and hospitals within this realm and of the rents thereof, foundations of the same and of all things founded, given and mortified thereto, and of all infeftments, tacks, titles, rights and securities made to whatsoever person or persons regarding whatsoever kirk lands, temple lands, teinds and other ecclesiastical rents and possessions whatsoever; therefore it is statute and ordained by his highness, with advice of his majesty's estates in this present parliament, that all and sundry persons within this realm as they shall be charged thereto in special or in general by open proclamations at the head burghs of the shires where in they dwell, compear, bring and produce with them, before his highness's commissioners, one or more to be appointed by his majesty to that effect, such day and place as shall be appointed to them to that effect under the pain of rebellion and putting of them to the horn, with certification to them if they fail that they shall be put thereto, and to put them to the same in case of failure, the rentals of the said bishoprics, abbacies, priories, provostries, parsonages, vicarages, altarages, chaplainries, templaries and other benefices, and of all hospitals and maison dieus within this realm, and of the rents thereof, foundations of the same and of all things founded, given and mortified thereto, and all and whatsoever infeftments, tacks, titles, rights and securities made to them regarding whatsoever kirk lands, temple lands, teinds and other ecclesiastical rents and possessions whatsoever, and all rights and titles that they or any of them may pretend thereto, and to deliver to the said commissioners' inspection of the same and the authentic copies thereof, with certification if they fail letters shall be directed simply as said is.
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†Our sovereign lord, with advice of his estates, ordains and commands his trusty cousin and councillor John [Maitland], lord Thirlestane, his highness's chancellor, by himself, assisted with Master John Lindsay, parson of Menmuir, Alexander Hay of Easter Kennet, clerk register, Master John Skene [of Curriehill], advocate, Master George Young, archdeacon of St Andrews, Master Thomas Hamilton, apparent heir of Priestfield, Master William Scott, director of the chancellery, and Master John Hay, son and depute to the said clerk register, to inspect the laws and acts made in this present parliament and all other municipal laws and acts of parliament bygone whereof there are registers or authentic monuments extant, and to consider what laws or acts necessarily would be known to the subjects, which should be kept and obeyed by them, and, to make them inexcusable of ignorance, to cause the same laws and acts be copied and authentic copies subscribed to be delivered to his highness's printer, together or severally, as the said lord chancellor and persons joined to assist him shall think expedient, as often and in such number as they shall think good that the same may come probably to the knowledge of all the subjects so soon as is possible; and gives and grants full power to the said chancellor and others appointed to the effect foresaid by this act, and that the copy and direction subscribed by the said lord chancellor and clerk register, with any other two of the persons above-written appointed to assist him, shall be a sufficient warrant to the said printer to the effect above-specified.
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†Our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the contract, infeftments, securities, evidents and others underwritten of the dates and contents after-specified, namely: the contract of marriage made by his majesty's well-beloved councillor George Keith, earl and Marischal of this realm, heritable lord of Keith and Altrie, sheriff of Kincardine and free baron of Inverugie-Aden, and his highness's general lieutenant of the north, Sir Andrew Keith, lord and free baron of Dingwall, knight, general colonel of this realm, James Scrimgeour, baron of Dudhope, constable of Dundee and heritable standard bearer, Masters John Skene [of Curriehill], advocate in the supreme senate, and George Young, secretary depute, archdean of St Andrews and secretary of the said ambassadory, his highness's commissioners, orators, deputes, procurators and ambassadors upon the one part, and the most illustrious Prince Christian, by the grace of God, king of Denmark, Norway, Vandals and Goths, elect king, duke of Schleswig-Holstein, Stormarn and Dithmarshes, earl in Oldenburg and Delmenhorst, and the most noble lady Sophia, queen of Denmark, Norway, Vandals and Goths, widow come of the most noble family of the dukedom of Mecklenburg etc., duchess of Schleswig-Holstein, Stormarn and Dithmarshes, countess of Oldenburg and Delmenhorst, and his grace's well-beloved nobility and senators of the kingdom of Denmark and Norway on the other part, for the marriage between his majesty and his dearest spouse, Anne, sister to the said king of Denmark, Norway etc., now accomplished with all points, articles, clauses therein contained of the date at the castle of Kronenberg in Zeeland, 20 August 1589; and also, the morning gift† given by his highness to his dearest spouse of all and whole the lordship of Dunfermline, with all baronies, lands, principal dwelling houses, yards, pastures, mills, multures, mill lands, teinds, both great and small, woods, coal pits, fishings and all their contents whatsoever lying upon the north side of the water of Forth with all clauses, articles and conditions therein mentioned as the same of the date at Oslo in Norway, 24 November 1589, at length purports; as also the gift and donation renewed to his highness's dearest spouse of the same lordship of Dunfermline with all baronies, parts, pendicles and contents above-written and whole contents thereof, of the date at Holyroodhouse, 11 May 1590; and further, the charters, precepts, instruments of sasine made, granted and given by his majesty to his dearest spouse according to the former contract of marriage and for fulfilling his grace's part thereof, of the earldoms, lordships, palaces, castles, towers, fortalices, lands, rents, ferms, victuals, with their contents, namely: of the palace of Linlithgow, with the lordship and lands of the same yards, pastures, lochs, fishings, mills, multures, coals, coal pits, rents, ferms, victuals, customs, with advocation and donation of benefices, tenants, tenancies, service of free tenants, annexed and connexed lands, parts, pendicles and pertinents whatsoever lying within the sheriffdom of Linlithgow; and in like manner the earldom of Fife with the palace and castle of Falkland, lordship, lands, parts, woods, fishings, pastures, thickets, rents, ferms, duties, customs, mills, multures, with advocation and donation of benefices, tenants, tenancies and service of free tenants, annexed and connexed lands, parts, pendicles and contents whatsoever as well not named as named, lying within the sheriffdom of Fife and whole contents thereof at Holyroodhouse, being of the date 11 May 1590. Moreover, our sovereign lord and estates foresaid by decreet and sentence of parliament decree and declare that the foresaid contract of marriage, whole clauses and contents thereof, the morning gift of the lordship of Dunfermline and whole contents thereof, renewed as is above-specified, the charters, precepts and instruments of sasine of the earldom, lordship and castles above-mentioned, namely: the palace and lordship of Linlithgow of the earldom of Fife, with the palace of Falkland and whole parts and contents above-rehearsed, to have been made and done to the honour, well and profit of his majesty and of his highness's crown and also to the well and commodity of the whole realm, and therefore decree and ordain the same to stand effectual and be inviolably and faithfully observed, kept and fulfilled in all points in all time coming; and further declare that in case it be found that her highness's securities above-specified of the lands, lordships and others above-written be not sufficient to her majesty for possessing and enjoying thereof, the same securities being reformed and renewed by his majesty's advocates or others in such authentic and competent form as appropriate, our sovereign lord and estates foresaid now as then and then as now ratifies and approves the same in such sort as if the same were already perfected in most ample and secure form; and ordains this decreet and sentence of parliament, if need be, to be extracted under the great seal and seals of the whole nobility, barons, clergy and commissioners of burghs, lords of articles of this present parliament.
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†Our sovereign lord, acknowledging and remembering the earnest favour and affection borne to his service by a great number of his nobility and subjects, specially by his trusty and well-beloved councillor John [Maitland], now lord Thirlestane, his highness's chancellor, who his majesty upon the sudden charged to take voyage with his highness, for accompanying of his grace to Norway and Denmark in the month of October 1589, to their great charges and expenses in remaining with his majesty to the month of May 1590 until his highness returned within this realm, his majesty and his estates of parliament have allowed and, by the tenor of this act, allow the said attendance, departure with our sovereign lord, accompanying of his grace the time of his absence, and returning with his highness in manner foresaid, and all and whatsoever things done by them in the said voyage from their departing to their returning, for most acceptable service to his majesty and to his whole realm.
[1592/4/70]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament have reviewed, seen and considered the act made by his majesty and the lords of his secret council then resident with his highness for the time at Oslo in Norway, 5 November 1589, bearing that his right trusty cousin and councillor George, earl Marischal, lord Keith, and his colleges, ambassadors directed by his highness for treating, completing and solemnising of the marriage between his majesty and his highness's dearest spouse, of the which act the tenor follows:
At Oslo, 25 November 1589. The which day the king's majesty and lords of secret council, having at great length heard, seen and considered the whole proceedings of his highness's right trusty cousin and councillor, George, earl Marischal, lord Keith and Altrie, his highness's lieutenant in the north, his highness's right trusty cousin and councillor Andrew [Keith], lord Dingwall, colonel general of his realm, his trusty and well-beloved councillor James Scrimgeour of Dudhope, constable of Dundee, together with his highness's trusty and well-beloved servants Master John Skene [of Curriehill], advocate, and Master George Young, archdean of St Andrews, his majesty's ambassadors directed toward Denmark for treating, concluding and solemnising of his highness's marriage with the right high, right excellent and worthy princess Anne, second sister to his highness's dearest brother and cousin Christian IV, elected king of Denmark, in the said weighty errand committed to them, and thereupon being ripely and at length advised with the form and tenor of the contract passed and interchangeably sealed and subscribed relating thereto between the right excellent, right high and mighty princess his highness's dearest sister, the queen of Denmark, his highness's dearest brother, the said elected king, and the four regents and governors of that realm on the one part, and them as his highness's ambassadors and in his highness's name and authority upon the other, exhibited and read before his highness and lords foresaid and bearing date 20 August 1589, together with the form and tenor of the attestation, sealed, subscribed and delivered by them to the said regents regarding the Isles of Orkney, purporting in effect a grant made at their requisition by the foresaid king and regents, that all further claim or repetition of the foresaid isles upon whatsoever pretended right or interest alleged thereto by that crown shall be superseded and continued for their parts to the said elected prince's perfect age, and the said ambassadors' acceptance thereof in name foresaid, always without prejudice of whatsoever right or title acclaimed thereto by either of the crowns, as at more length is contained in the said attestation, whereof the authentic subscribed by the hands of the said whole four governors bearing the date foresaid was likewise exhibited and read before his highness and lords foresaid, together with the form and tenor of the solemn oath interposed by the said ambassadors at the desire and requisition of the said two princes and four governors for his highness's completing and effectuating of all things promised and contracted between them and their foresaids regarding the marriage or any pertinent thereof; all the which contract and process being as said is exhibited and read in presence of his majesty and lords foresaid and the same, together with the requisition made by the said ambassadors to the said queen and governors regarding the transport of the said princess towards Scotland in this winter season, and all the remaining particulars done and assented to by them and at length deduced and discoursed to his majesty and lords foresaid, being by them diligently examined and conferred with the strength and tenor of the commissions and instructions given them relating thereto, read likewise and produced before his majesty and his council to that effect, finds and declares that his highness's right trusty cousin and all others of his colleagues foresaid have, in their treating, contracting and solemnising of his majesty's said marriage with the said princess, in their consenting, perfecting, interchanging and delivery of the said contract, attestation and oath in the said form and tenor in their said requisition regarding the sending home of the said princess in this season, in convoying her both in and out of harbours according to the wind and weather that occurred, in pressing her remaining within Norway after the resolution taken by her convoy to return her back again to Denmark, in their consulting to her residence and remaining here at Oslo until the return of her said mother's further mind regarding the prosecution of her journey towards Scotland, and generally in all and whatsoever other particularly deed or action pertaining to the foresaid treaty, done or assented to by them or any of them from the beginning to the end thereof; all which his majesty, with advice foresaid, holds for particularly expressed and specified in this discharge to have conformed them in every point to their commissions and instructions foresaid, and therein honourably and dutifully to have discharged them of the said weighty errand committed to them and to have done his majesty, his realm and whole estate most memorable and worthy service, deserving his highness's favourable remembrance thereof to them and their posterity in all time coming; whereof his majesty shall find no sooner the occasion, than he will let the same appear to every one of them to their advancement, both in benefit and honour, exonerating, discharging and relieving them and every one of them and their heirs for his highness and his successors, of the said commissions, instructions, contract and other pieces before mentioned, whole articles, clauses and conditions thereof and whatsoever foresaid either intervened or followed thereupon from the beginning of the said treaty to his majesty's repair to the said town of Oslo, and of all pain and pursuit that may impend or be intended criminally or civilly against them or any of them by his majesty or his foresaids, for anything pertaining to the said treaty, done or committed by them or any of them enduring the said space; and for that the abbacy of Deer, being erected by his majesty in a temporal lordship, was by his highness conveyed to his said cousin and incorporated to his said earldom in consideration of his designation at that time for the said service and the exorbitant expense which the honourable discharge thereof would crave and put him to, which now it has pleased God to effectuate by his means; therefore his majesty and lords foresaid have declared and, by the tenor of this present act, declare his highness's cousin foresaid to have honourably, dutifully and to his greatest charges and expenses effectuated and fulfilled the cause and motive of the said erection and union specified in his infeftment, and that in the performance thereof he has most worthily deserved the foresaid benefit, in perpetual memory of his said service to him and his, forever promising in that respect in his highness's princely and inviolable word to cause this said discharge and declaration to be confirmed and ratified by his highness's estates in the next parliament; and ordaining in the meantime this present act to be inserted and registered in the books of secret council for perpetual memory, which act in all clauses, articles and circumstances thereof, our said sovereign lord and his three estates of this present parliament have ratified and approved and, by the tenor of this legislation, ratify and approve; likewise his majesty and his said estates have of new considered the faithful diligence of the said earl and his colleagues in accomplishing the commands and directions contained in the said commission and instructions, without any break in any point thereof; and therefore his highness and estates foresaid have declared and declare that they and every one of them, their heirs and successors and all others to whom it appertains, are and shall be from thenceforth sufficiently acquitted, freed and discharged of their said commission, instructions and directions whatsoever given to them of before as duly fulfilled by them to the honour of our said sovereign lord and his estate, the welfare of his crown and realm, as also our said sovereign lord and estates have perfectly understood that the contract of the said marriage and the other writs mentioned in the said act are faithfully delivered to [Alexander Hay of Easter Kennet], his highness's clerk register, to remain in sure custody and keeping hereafter. And forasmuch as our said sovereign lord, understanding the great charges and expenses which the said George, earl Marischal used to employ upon the said honourable service, erected the lands and rents of the abbacy of Deer in a temporal lordship, now called the lordship of Altrie, to Robert [Keith], then commendator of Deer, in liferent, and to the said George, earl Marischal and his male heirs in fee and heritages, as also his highness upon the same respects renewed to the said earl his infeftments of his old living resigned in his majesty's hands to that effect after the form and tenor of the old infeftments granted to him and his predecessors thereof, making express mention that the barony of Inverugie with tenants, tenancies, annexes and connexes thereof are held of his highness by service of ward and relief, always with express and special provision, that how often and howsoever it shall happen the said lands and barony of Inverugie to fall in the hands of our said sovereign lord and his successors through the minority of the said George, earl Marischal, heirs and successors, they shall be obliged to pay yearly and each year for the said ward, to our said sovereign lord, and his successors, his and their factors the sum of 600 merks money yearly during the time of the said ward and the sum of 600 merks money for the relief at the eschew of the same ward, and the sum of 4,000 merks for the value of the marriage of the heir so often as the same shall happen, as in the said infeftment, which is of the date at Edinburgh, 20 June 1589, at more length is contained; as also in respect of the same service then undertaken by the said earl, our said sovereign lord renewed to the said earl his infeftment of the lands and annualrents pertaining to the black and white friars in Aberdeen, which pertained of before to Master William Leslie of Civildie and were resigned in the hands of our said sovereign lord by the said Master William for great sums of money paid to him thereof, which three infeftments in all heads, clauses and circumstances of the same our said sovereign lord and his estates foresaid of certain knowledge ratify, approve and affirm for his highness and his successors in all time coming, and find and declare that all and sundry the said infeftments made and given in manner foresaid, are made for just and reasonable cause, tending to the well of our sovereign lord's realm and lieges, and therefore decree and ordain the same to stand in full force, strength and effect in all time coming.
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†Our sovereign lord and estates of parliament, acknowledging and remembering the earnest favour, good will and affection ever borne to his highness's service by his right trusty and well-beloved councillor Sir Patrick Vans of Barnbarroch, knight, one of the senators of the college of justice, and Master Peter Young of Seaton, his highness's master almoner and one of the lords of his majesty's privy council, who not only at his highness's desire travelled and took several journeys from this realm as his highness's ambassadors to the realm of Denmark, to which the said Master Peter was directed by his majesty as ambassador foresaid in the month of July 1586, and also the said Sir Patrick and Master Peter were directed in manner foresaid in the month of May 1587, for treating and concluding upon the heads of his majesty's most honourable marriage with his highness's dearest and well-beloved spouse Anne, now queen of Scots, but also very suddenly at his highness's request took voyage and accompanied his majesty to the realm of Norway to the solemnisation of the said marriage in the month of October 1589, to their great travail, charges and expenses in remaining with his majesty until their returning, which was in the month of December the year of God foresaid, that they were directed by his majesty to return within this realm for certain of his majesty's special concerns within the same; and therefore our said sovereign lord, with advice of the said estates of this present parliament, has allowed and, by this ratification, allows all things done by the said Sir Patrick Vans and Master Peter Young, as ambassadors for his highness in their said journeys and their departure, attendance and accompanying of his majesty the time of his absence in the said realm of Norway and returning in manner foresaid, as most acceptable, good and thankful service done to his highness and for the well of his whole realm. And also our said sovereign lord, with advice foresaid, in part of recompense of their said service and expense made by them in their said voyages, has ratified and approved and, by this act, ratifies and approves the infeftment, gift and disposition granted by his highness to the said Sir Patrick Vans of Barnbarroch, knight, his male heirs and of tailzie, in the month of August 1591, of the lands and barony of Barnbarroch and all and sundry other lands, baronies, rooms and possessions specified and contained in the said infeftment with the castles, towers, mills, multures, woods, fishings, annexes, connexes, tenants, tenancies and service of free tenants, with advocation, donation and right of patronage of the kirks, both parsonages and vicarages, of Wigtown, Kirkinner, Kirkcowan and Colmonell and all their pertinents, together with the disposition, union and annexation mentioned and expressed in the infeftment foresaid, another charter and infeftment granted by his majesty to the said Sir Patrick and his heirs specified therein of his twenty two merk land and a half, namely: Kirrivalk, Kirkeane, Kildarroch and Clutarche, all lying within the parish of Kirkinner and sheriffdom of Wigtown, to be held of our sovereign lord and his successors for payment of the old feu mails and duties used and wont thereof; and also a pension granted by his majesty to the said Sir Patrick and his male heirs and of tailzie of the sum of £200 yearly to be taken up by him, allowed and deducted to him of the feu mails of his said lands which he has in feu of the date 1 June 1592. And likewise our sovereign lord, with advice foresaid, of certain knowledge, ratifies and approves and, for his highness and his successors, perpetually confirms the act made in his highness's parliament, 29 July 1587, ratifying and approving certain gifts of pensions, offices and fees therein contained granted to the said Master Peter Young, his spouse and bairns and assignees respectively therein mentioned, together with the infeftments, charters, precepts and instruments of sasine granted to the said Master Peter, his spouse and their heirs therein contained of the lands of Easter Seaton, and shadow half of Dickmontlaw with the parts, pendicles and pertinents thereof lying within the sheriffdom of Forfar, and of all that has followed or may follow thereupon, together also with the gift of pension granted by his highness to the said Master Peter, of the mails, ferms, profits and duties of the lands of Wester Seaton, occupied by William Auchterlony and sunny half of Dickmontlaw occupied by Andrew Annand, all lying within the lordship of Arbroath and sheriffdom foresaid, together with his highness's promise made to the said Master Peter for warrandice of the said gifts, infeftments and others foresaid, and with all decreets given according thereto, which infeftments, act of parliament, gifts of pension, offices, promises, decreets and others foresaid and all that has followed thereupon in all heads, clauses and circumstances of the same, our said sovereign lord and estates foresaid of certain knowledge ratify and approve and confirm for his highness and his successors in time coming; and find and declare that all sundry the said infeftments, gifts of pension, offices and fees contained therein, act of parliament ratifying the same and others respectively foresaid made and given in manner foresaid are made for just and reasonable cause tending to the well of our sovereign lord, his realm and lieges, and therefore decree and ordain the same to stand in full force, strength and effect in all time coming, and declare that the same nor any of them falls nor shall fall under whatsoever his highness's revocation made in this present parliament or at any time preceding the date hereof. And also our said sovereign lord and his estates foresaid declare, statute and ordain that the act made in favour of the ministry, 14 February 1587 [1588], shall in no way touch nor be hurtful to the said Master Peter nor his foresaids, nor be prejudicial to their rights and titles of their pensions above-specified and duties therein contained, but the same to stand in the own strength, force and effect as largely as if the said rights had been made and granted by our said sovereign lord after his perfect age of 25 years complete, and declare the same in no way to come under the said act, and ordain the said Master Peter and his foresaids to be answered and obeyed thereof according to their said gift notwithstanding the said act. And for his highness's said councillors their better security of the premises, our said sovereign lord, with advice foresaid, has of new granted and conveyed to his said councillors the foresaid whole rights respectively above-mentioned, and ordains the same to be renewed in the most ample form.
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†Because the nobility, earls, lords and barons, ancient heritors of lands, livings and possessions, understood the institution of the college of justice and lords of session to have been from the beginning for decision of all civil actions, to the which decision their whole heritages, lands, livings and possessions are subject, and that his highness's progenitors instituted the said college of cunning and wise men, which his majesty, willing to continue according to his forbearers' good intention and to foresee the corruption increasing in the said college in this later and declining age, declares his highness's mind by act of parliament that in all times thereafter when any place should fall vacant in the session that his majesty should present and nominate thereto a man fearing God, of good literature, practice, judgement and understanding of the laws, of good fame, having sufficient living of his own, and who could make good expedition and dispatch in matters touching the lieges of the realm; and yet that it is required that his highness's good intention be more specially expressed toward the complaint of the choosing of young men without gravity, knowledge and experience upon the said session, not having sufficient living of their own, therefore our said sovereign lord, with advice of the estates of this present parliament, declares that none shall be received to a place of a senator in the college of justice, except he be sufficiently tried and known by his highness and whole lords of the session, that the said person to be presented and received have in yearly rent properly pertaining to himself the sum of 1,000 merks usual money of this realm, or else 20 chalders of victual, and that his experience, quality and conversation may be the better tried that he be of the age of 25 years at the least complete in all time coming, otherwise his presentation and admission to be null, annulling all presentations given and granted by his majesty since his highness's coronation to whatsoever person or persons not being of the age foresaid, ratifying nevertheless and approving always all acts made by his majesty's predecessors and his highness's self of before upon the institution of the said college and reformation of the abuses thereof.
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†Our sovereign lord, with advice of his estates, has statute and ordained that no signature shall pass the registers of his ordinary officers of state underwritten unless the date thereof be filled up with the hands of the treasurer, collector, comptroller, treasurer of augmentations and secretary, or their principal clerk's own hands; and that the registration of the signature or letter bear not only upon the back of it (registered) but the day and date of the registration with the number of the leaves of the book wherein it is registered, which book shall be marked by the hand of the clerk register or his depute constituted to that effect; and also that the keeper of the signet shall write on the back of the signature the special day that he affixed the signet, and the writer, keeper of the privy seal, shall write likewise upon the back of the letter the day that he writes and passes the same the privy seal, which warrants so marked shall be made forthcoming to any party interested for trial of the antedate by the keepers of the signet and privy seal; and that the trial of the said antedates shall not be received without very great adminicles and certain circumstances of falsehood, and that the sum consigned for improbation be made very great; the form of the improbation shall only be received by the writers of the signatures, the principal officers, their deputes or clerks, keepers of the registers, keepers of the signet, privy seal and their servants, writers of the precept and writers to the great seal and keepers of the same and no others, and the punishment of such falsehood if any be found and tried shall be punished with the pain of falsehood and lese-majesty, and three parts of the lands and goods of the offender to be adjudged to the king and the fourth part to the party grieved.
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†Our sovereign lord and the estates of parliament, understanding that the fabricating, forging and devising of false evidents and writs within this realm produced and furnished innumerable and infinite actions and law-suits amongst his lieges to the hurt and prejudice of his highness's faithful and true subjects, for remedy and eschewing whereof our said sovereign lord, with advice and consent of his said estates and whole body of this present parliament, finds, decrees and declares that it shall not be permissible to any person or persons within this realm, their heirs and successors or other persons whatsoever having right proceeding from them to pursue for reduction or otherwise to call in question any decreet of redemption of lands, teinds, coals, coal pits, woods, mills, fishings, castles, towers, fortalices or any part thereof obtained at the instance of whatsoever person or persons, against whatsoever person or persons at any time before the date hereof, by virtue or under pretext of whatsoever discharges of reversion or reversions, posterior infeftments, or other contracts whatsoever which may evacuate and take away the said decreets of redemption or any of them and this act only to have place in decreets of redemption proceeding upon lawful premonition made by the parties' lawful contradictors, which were also duly summoned to the giving of the said decreets; and for obedience thereof has lawfully renounced the lands and others specified in the same decreets of redemption and who have been at sundry times summoned and convened before the lords of session at the instance of his highness's advocates and parties for their interest for production and improbation of all discharges of reversion or reversions, posterior infeftments, other rights and securities whatsoever which might prejudice or make derogation to the reversion or reversions whereupon the said decreets of redemption, or any of them, have followed, and produced no discharges, posterior infeftments nor any other writs which might take away or reduce the said decreets of redemption or prejudice or make derogation to the reversion or reversions whereupon the said decreets of redemption or any of them proceeded, so that the said persons lawfully warned and summoned in manner foresaid might pretend no ignorance of the said decreets of redemption.
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†Forasmuch as the exorbitant and immoderate interest and profit taken by diverse lieges of this realm for lent money, often exceeding six bolls of victual of yearly interest for 100 merks, has been, and is, the cause of the ruin and decay of many ancient livings within this country, which has proceeded partly upon the great excess of the said unlawful profit and partly upon the minority of the persons due in the said interest, who not being able to pay the said interest in respect of the liferent of the freehold are secluded from their livings by the warding thereof during their minority, or otherwise negligently governed by the improvident cure of their tutors and curators, have suffered the same to run so long unpaid that the same has comprised the whole old livings, which being the most ungodly and unlawful conquest in itself, it is not only condemned by the express word of God, but also by the laws of all nations; likewise, his highness and estates of the last parliament held at Edinburgh, 29 July 1587, considering the manifold abuses following thereupon, have moderated and taxed the said yearly interest to £10, or five bolls of victual for every £100, and proportionally for greater and smaller sums, and so have repressed the said usury in time coming. And now his highness and estates, being moved with the hard estate not only of the said minors, but also with the great hurt and prejudice sustained by others of his highness's lieges by non-payment of the said interest through the occasions foresaid, and being careful to provide some ordinary remedy for their relief in payment of the said exorbitant interest, declare, statute and ordain that it shall be permissible to all persons whatsoever, as well minors as majors due in payment of the yearly interest which is redeemable, to redeem all manner of interest, either victual or silver, sold or alienated by their predecessors out of any part of their lands in time bygone, by payment or consignation of the principal sum contained in the reversion or reversions, together with the past interest thereof, which past interest his highness and estates liquidates and modifies to 10 merks for every 100 merks only, finding and declaring the redemption of the said interest to be lawful by payment or consignation of the said principal sums, together with 10 merks for every 100 merks thereof for the past profits of the same, according to the infeftments made thereupon, notwithstanding whatsoever contracts, bonds, obligations, infeftments, decreets or other securities whatsoever made to them of greater interest than 10 merks for the 100 merks, to the which, and every one of them, this present act makes derogation in so far as the same may be extended to the said yearly interest.
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†Because it is clearly understood that the barons of this realm and other heritable possessors holding their lands of our sovereign lord or other superiors are highly prejudiced in their heritages and commonties appertaining thereto by new infeftments given to the persons bordered with them upon their own resignations, in the which new infeftments, by their bounds and marches specified therein, they may include the property of the lands next adjacent, which they never had of before, in great prejudice of the lands adjacent to them, as also they may include the lands pertaining in commonty to other baronies or lands next adjacent, and by their own resignation, with the bounded infeftment following, may move question upon the property of all lands contained in their bounded infeftment, which may breed a great strife to all our sovereign lord's lieges; for remedy whereof, it is statute, ordained and decreed by his highness and estates of his parliament that the bounded infeftment whatsoever either granted or to be granted by our said sovereign lord or any of his successors, or by any other superior to his own heritable tenant by the said heritable tenant's resignation, albeit the same contain a new gift with supplement of all faults, which only respects the superior granting the said infeftment and in no way should be extended to the prejudice of the third person, that the said infeftment passed upon the resignation of the tenant shall work no prejudice regarding the said bounds or marches, either in property or commonty, to any other person, but the questions arising upon the right and possession of the said property and commonty shall be determined and judged by the lords of council and other inferior judges and ministers of the laws in the same sort and manner as if there were no mention of bounds and marches contained in the infeftment passed upon the said resignation.
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†Forasmuch as there being diverse pensions allegedly conveyed out of the benefices and prelacies of this realm, to the great hurt and prejudice thereof, and the successors, albeit no possession is followed nor comprehended thereupon in the prelate's lifetime, alleged conveyers thereof, through which the same falls of the law and manifestly appears to be but forged and counterfeit titles; and by reason of the corruption of this loss and the great hurt and prejudice of our sovereign lord and the successors sustained thereby, it is statute and ordained by the late act of parliament made regarding annexation of kirk lands to our sovereign lord, that whatsoever pensions conveyed out of the prelacies and neither authorised with decreets nor possession before the said act should fall and be null [and of]† no value, force nor effect; which act his highness, with advice of the whole estates, ratifies, approves, confirms, and declares and ordains that all and whatsoever pensions alleged to be conveyed out of prelacies and neither authorised by decreet nor possession, whether the same be of the temporality or spirituality, whereupon neither decreet nor possession has followed in the prelate's lifetime and before the said act of annexation shall be null and of no value, force nor effect in all times bygone and to come.
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†As it is not permissible to use and commit usury, so it is not permissible to any private man by his own invention and authority to astrict or burden any of our sovereign lord's lieges with unlawful and impossible conditions against all law, equity, reason and good form, albeit their necessity for the time constrain them to yield thereto, as where some persons give out their money upon profit, upon contracts or obligations they provide that the receivers thereof, wheresoever they dwell in the furthest parts of the realm, shall be charged to make payment only by open proclamation at the market cross of Edinburgh upon so short and sudden warning as probably and possibly it cannot come to the knowledge of the persons so charged, and that the denunciation of the horning shall be at the same market cross and the horning registered in the sheriffs' books of Edinburgh, making the same as lawful as if the persons were charged personally or at his dwelling place, and the execution of horning used at the market cross of the head burgh of the shire where the parties dwell, and the hornings registered in the sheriffs' books thereof, to the great hurt and prejudice not only of the parties so denounced, but of our sovereign lord and his lieges to whose knowledge probably the said denunciations of hornings cannot come; therefore his highness, with advice of his estates in parliament, statutes, ordains and declares that no such unlawful and impossible conditions be made in contracts or obligations amongst any of his highness's subjects in time coming; and in case any denunciations of hornings shall happen to be made at the said market cross of Edinburgh only upon charges used thereat proceeding upon the unlawful and impossible conditions above-specified, the same charges and denunciation of horning shall not be reputed lawful, but the users thereof shall be charged to cause charge and denounce of new according to the form used and observed by the common law and customs of the realm.